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Be sure to click play on the Live Webcam Broadcast video screen on the Home Page at 7:00 p.m. View the agenda for the Turlock City Council Meeting to be held on September 22, 2009 at 7:00 p.m. at City Hall.
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City Council Agenda
SEPTEMBER 22, 2009
7:00 p.m.
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
1. A. CALL TO ORDER
B. SALUTE TO THE FLAG
2. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOUNCEMENTS,
PRESENTATIONS & SPECIAL BRIEFINGS
A. Proclamation: “National Preparedness Month” September 2009
B. Proclamation: “Pollution Prevention Week” September 20–26, 2009
C. Proclamation: “National Hispanic Heritage Month” September 15 – October 15, 2009
(Sally Perez, Latino Emergency Communications Council)
D. Special Briefing: Legacy Circle of Emanuel Medical Center (Jana Rhine)
3. CLOSED SESSION:
Conference with Labor Negotiators, Cal. Gov’t Code §54957.6
Agency Negotiators: Roy W. Wasden
Employee Organization: Turlock Associated Police Officers
SPEAKER CARDS: To accommodate those wishing to address the Council and allow for staff follow-up, speaker cards are available
for any agendized topic or any other topic delivered under Public Comment. Please fill out and provide the Comment Card to the City
Clerk or Police Officer.
4. STAFF UPDATES
A. MOTION WAIVING READING OF ALL ORDINANCES ON THE AGENDA, EXCEPT BY
TITLE
B. DECLARATION OF CONFLICTS OF INTEREST AND DISQUALIFICATIONS
5. CONSENT CALENDAR:
Information concerning the consent items listed hereinbelow has been forwarded to each Councilmember prior to this meeting for study. Unless the Mayor, a Councilmember or member of the audience has questions concerning the Consent Calendar, the items are approved at one time by the Council. The action taken by the Council in approving the consent items is set forth in the explanation of the individual items.
A. Resolution: Accepting Demands of 08/27/09 in the amount of $1,122,132.41; Demands
of 9/3/09 in the amount of $3,122,112.63
B. Motion: Accepting Minutes of Regular Meeting of September 8, 2009
C. Motion: Accepting notification of Contract Change Order No. 2 in the amount of $699.92
(Fund 143) for Project No. 6946 and 7039, “Storm Pump Station at Kilroy and Spengler”
and “Storm Pump Station at North Walnut and Shady Lane,” bringing the contract total
to $535,579.73
D. Motion: Awarding a bid and approving an agreement in the amount of $274,506.50
(Fund 175) with Lockwood General Engineering, Inc. of Visalia, California, for City
Project No. 0851, “North Olive Avenue Improvements”
E. 1. Motion: Approving an agreement in the amount not to exceed $37,870.00 with Omni
Means, Ltd., for engineering services related to “West Tuolumne Road Overcrossing
Preliminary Design and Right of Way Engineering”
2. Resolution: Appropriating $55,000 to Account No. 187/794-07-18 “W. Tuolumne
Road at Hwy 99 Flyover” from Fund 187 reserves to fund City Project No. 0934, “West
Tuolumne Road Overcrossing Preliminary Design and Right of Way Engineering”
F. Motion: Approving Amendment No. 2 with Omni Means, Inc., for preparation of a Project
Study Report (PSR) and Plans, Specification and Estimate (PS&E) to include an
additional $13,500 (Fund 175) for the modifications of State Route 99 Interchanges at
Fulkerth Road, City Project No. 0828 “Update State Route 99/Fulkerth”
G. Resolution: Accepting the donation of $555.00 for the “BMX Bike Park” and authorizing
an appropriation in the amount of $555.00 to 308497-07-25 “Bike Park Expenses” from
Fund 308 “Municipal Services Grants-Bike Park” reserve balance, funded by donations
received in support of the “BMX Bike Park” for development and amenities in the park
H. Resolution: Declaring equipment surplus and obsolete to City needs, and authorizing
the exchange of 4,500 rounds of 9mm practice ammunition to Valley Defense Consulting
of Modesto, California, for 4,500 rounds of 40 caliber ammunition
I. Motion: Approving an agreement between the City of Turlock and Master K9, Inc. for
professional police canine training services
J. Resolution: Accepting donations as per the attached worksheet for the Police
Department’s 4th Annual Open House
K. 1. Motion: Accepting the fourth quarter of fiscal year 2008-2009 monetary donations
valued at $327.28 from various donors in support of the City’s Animal Service Unit and
accepting the fourth quarter fiscal year 2008-09 donations of assorted animal related
products valued at $1,851.03 utilized in support of the City’s Animal Services unit
2. Resolution: Appropriating $327.28 to 307/308-82-02 “Animal Services Donations”
funded by various donations received in support of the City’s Animal Services Unit to be
utilized by Animal Services at a later date
L. Motion: Approving an Agreement in an amount not to exceed $3,000.00 with the
H.O.P.E. Animal Foundation for the Placement of Small-Breed Animals and the
Utilization of Low Cost Sterilization Services
M. Motion: Accepting a donation of hot dogs and drinks, not to exceed $500 from the
Turlock Firefighter’s Union Local 2434 for the Fire Prevention Week Open House on
Sunday, October 4, 2009
N. Motion: Approving the Lease with Option to Purchase Agreement for the property
located at 400 B Street
O. Motion: Approving the responses to the Civil Grand Jury Case No. 09-16-C
P. Resolution: Approving the purchase of a parcel of real property located at 291 West
Olive Avenue, Turlock (APN #061-011-019) for the purpose of acquiring the sixth of the
seven parcels needed as part of the development of the City of Turlock’s Public Safety
Facility and authorizing the City Manager to execute the agreement and related
documents to finalize the real property transaction
6. FINAL READINGS: None.
7. PUBLIC HEARINGS:
A. Request to amend the Turlock Municipal Code regarding regulations for Large Family
Day Care Facilities. (Whitmore)
Recommended Action
Ordinance: Amending local regulations regarding Large Family Day Care Facilities
Definitions, Standards and Restriction contained in Title 9 of the Turlock Municipal Code
(Zoning), including TMC 9-1-202 (Definitions), TMC 9-2-110 (Family Day Care Home),
and TMC Chapter 9-3 (Base District Regulations)
Motion: Requiring existing licensed Large Family Day Care Facilities to pay fees in
accordance with the City’s Business Licensing requirements (Turlock Municipal Code
Chapter 3-1) 180 days from the effective date of the ordinance amendments
B. Request to amend the Turlock Municipal Code regarding water features at City parks
(Norton)
Recommended Action
Ordinance: Amending Turlock Municipal Code Title 10, Chapter 1, Section 21 regarding
Water Features in City Parks
C. Request to amend the Turlock Municipal Code regarding reinstatement payments for
terminated water services. (Cooke)
Recommended Action
Ordinance: Amending Turlock Municipal Code Section Title 6 (Sanitation and Health),
Chapter 5, Article 3, Section 2, related to the payment of reinstatement charges for
terminated water services
D. Request to amend the Turlock Municipal Code regarding Mobile Food Facilities
(Whitmore)
Recommended Action
Motion: Determining the proposed Ordinance amendment is exempt from review from
CEQA pursuant to Section 15061(b)(3) [No Environment Impact] of the CEQA
Guidelines
Ordinance: Amending Local Regulations regarding Mobile Food Facilities definitions,
standards and restrictions, commissaries and other commercial and industrial uses,
contained in Title 9 of the Turlock Municipal Code
8. PUBLIC PARTICIPATION:
This is the time set aside for members of the public to directly address the City Council on any item of interest to the public, before or during the City Council’s consideration of the item, that is within the subject matter jurisdiction of the City Council. You will be allowed five (5) minutes for your comments. If you wish to speak regarding an item on the agenda, you may be asked to defer your remarks until the Council addresses the matter. No action or discussion may be undertaken on any item not appearing on the posted agenda, except that Council may refer the matter to staff or request it be placed on a future agenda.
9. SCHEDULED MATTERS:
A. Request for award of bid and approval of an agreement with Teichert Construction, Inc.,
for “Fransil and West Main Intersection Improvements” (Pitcock)
Recommended Action:
Motion: Awarding bid and approving an agreement in the amount of $1,136,807.95
(Funds 175 & 187) with Teichert Construction, Inc., of Turlock, California, for City Project
No. 0782, “Fransil and West Main Intersection Improvements”
Resolution: Appropriating $343,000 from Prop 42 monies to Account No. 187/794-07-23
“W. Main and Fransil Traffic Signal/Road Improvements” for funding assistance on
Project No. 0782
Resolution: Appropriating $186,750 for fiscal year 2008-09 and $1,341,275 for fiscal
year 1009-10 to Account No. 187/794-07-23 “W. Main and Fransil Traffic Signal/Road
Improvements” to move the accounting for Project No. 0782 from Fund 175 – Capital
Facility Fees to Fund 187 – WISP
B. Request to replace two- part-time employees at Pedretti Sports Complex and Donnelly
Park funded by Non-General Fund and General Fund (Harden)
Recommended Action:
Motion: Authorizing the replacement of two part-time employees at Pedretti Sports
Complex and Donnelly Park funded by Non-General Fund 129/439-01-96, 151/469-01-
03 and General Fund 110/457-01-96 and 110/456-01-96
C. Request for adoption of a policy regarding invocations before meeting of the Turlock City
Council (Norton)
Recommended Action:
Resolution: Adopting a policy regarding opening invocations before Turlock City Council
meetings
D. Consideration of painting the national motto “In God we Trust” in the City Council
Chambers (Norton)
Recommended Action:
Motion: Directing staff regarding the national motto “In God We Trust” on the wall
behind the dais
E. Consideration of entering into a Lease & Operation agreement with the Carnegie Arts
Center Foundation (Norton)
Recommended Action:
Motion: Providing direction regarding the Lease Agreement for the operation and
maintenance of the Carnegie Arts Center
10. COUNCIL ITEMS FOR FUTURE CONSIDERATION
11. COUNCIL COMMENTS
Councilmembers may provide a brief report on notable topics of interest. The Brown Act does not allow discussion or action by the legislative body.
12. ADJOURNMENT
City Council
Special Meeting Agenda
SEPTEMBER 22, 2009
7:00 p.m.
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
1. CALL TO ORDER
2. DECLARATION OF CONFLICTS OF INTEREST AND DISQUALIFICATIONS
3. PUBLIC PARTICIPATION – LIMITED TO ITEMS DESCRIBED IN THE NOTICE FOR THIS MEETING
This is the time set aside for citizens to address the City Council concerning any item that has been described in the notice for the meeting before or during consideration of that item. You will be allowed five (5) minutes for your comments. If you wish to speak regarding an item on the agenda, you may be asked to defer your remarks until the Council addresses the matter.
4. CONSENT CALENDAR:
A. Resolution: Approving Federal Aviation Administration Grant Offer for AIP Project No. 3-
06-0265-08 in an amount not to exceed $280,250, authorizing the City Manager to sign
related grant documents, and appropriating related revenues and expenditures in Fund
120 “Airport”
B. Resolution: Supporting the continuing development of a High-Speed rail for the segment
of Bakersfield to Merced
5. CLOSED SESSION:
Conference with Real Property Negotiators, Cal. Gov’t Code §54956.8
Property: 216 North Broadway, Turlock, APN 061-011-058
Agency Negotiator: Roy W. Wasden
Negotiating Parties: Patrick Jensen dba Paul’s Glass Company
Under Negotiation: Price and Terms of Payment
6. ADJOURNMENT:
The foregoing meeting is hereby called by Mayor John S. Lazar at the
above mentioned date and time pursuant to California Government Code
§54956.
_____________________________________
JOHN S. LAZAR, Mayor
Redevelopment Agency
Special Meeting Agenda
SEPTEMBER 22, 2009
7:00 p.m.
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
1. CALL TO ORDER
2. DECLARATION OF CONFLICTS OF INTEREST AND DISQUALIFICATIONS
3. PUBLIC PARTICIPATION – LIMITED TO ITEMS DESCRIBED IN THE NOTICE FOR THIS MEETING
This is the time set aside for citizens to address the City Council concerning any item that has been described in the notice for the meeting before or during consideration of that item. You will be allowed five (5) minutes for your comments. If you wish to speak regarding an item on the agenda, you may be asked to defer your remarks until the Council addresses the matter.
4. CONSENT CALENDAR:
Information concerning the consent items listed hereinbelow has been forwarded to each Agency Member prior to this meeting for study. Unless the Chairman, an Agency Member or member of the audience has questions concerning the Consent Calendar, the items are approved at one time by the Agency. The action taken by the Agency in approving the consent items is set forth in the explanation of the individual items.
A. Motion: Accepting Minutes of September 8, 2009 Special Meeting of the Turlock
Redevelopment Agency
B. Resolution: Approving the submittal of an amended application to the Economic
Development (ED) Bank Fund of Stanislaus County requesting additional funds for the
purpose of constructing a traffic signal at Fransil Lane and West Main Street, as well as
design and right-of-way acquisition, and authorizing the City Manager to enter into an
agreement for repayment and take actions necessary to secure funding
5. ADJOURNMENT
The foregoing meeting is hereby called by Chairman John S. Lazar at the
above mentioned date and time pursuant to California Government Code
§54956.
_____________________________________
JOHN S. LAZAR, Chairman