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 November 10, 2009 at 7:00 p.m. at City Hall.
This December 08, 2009 City Council Meeting includes issues of putting "In God We Trust" on a wall in the Council Chambers donated by Councilman Kurt Spycher, a proposed agreement between the City of Turlock and The Poker Room, along with a request to get bids for the construction of the Carnegie Arts Center project.
There is a Special Council Meeting before the regular one that will be discussing the General Plan Update alternatives that were just presented to the Turlock Planning Commission on Thursday, December 03, 2009. (Article: Turlock Planning to Grow to 115,000 by 2030; Northwest and Southeast Growth Considered)
The public is invited and there are times set aside to speak on the agendized items.
Turlock City Council Agenda 12-80-09 (PDF)
Turlock City Council Agenda Packet 12-08-09 (PDF)
Rough Text Version:
City Council
Special Meeting Agenda
DECEMBER 8, 2009
6:00 p.m.
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
Any invocation that may be offered before the official start of the Council meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council and the Council does not endorse the religious beliefs or views of this, or any other, invocation speaker.
1. CALL TO ORDER
2. DECLARATION OF CONFLICTS OF INTEREST AND DISQUALIFICATIONS
3. GENERAL PLAN ALTERNATIVES WORKSHOP
4. 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
City Council Agenda
DECEMBER 8, 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
A. Appointment: Planning Commission
B. Appointment: Arts Commission
C. Appointment: Parks, Recreation and Community Commission
3. A. STAFF UPDATES
4. A. MOTION WAIVING READING OF ALL ORDINANCES ON THE AGENDA, EXCEPT BY
TITLE
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.
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 11/12/09 in the amount of $1,573,291.04; Demands
of 11/19/09 in the amount of $1,069,946.00
B. Motion: Accepting Minutes of Regular Meeting of November 24, 2009
C. 1. Motion: Accepting notification of Contract Change Order No. 4 (Final) in the amount
of $1,728 (Fund 165) for City Project No. 0773, “Columbia Park Renovations,” bringing
the contract total to $254,707.89
2. Motion: Accepting improvements for City Project No. 0773, “Columbia Park
Renovations,” and authorizing the City Engineer to file a Notice of Completion
D. Motion: Awarding bid and approving an agreement in the amount of $247,093 (Fund
129) with Pacific Engineering & Associates, Inc. of Modesto, California, for City Project
No. 0847, “Sewer Line Replacement FY 2008/09”
E. 1. Motion: Approving Contract Change Order No. 1 in the amount of $66,384 (Fund
175) for City Project No. 0851, “North Olive Avenue Improvements”
2. Resolution: Appropriating $65,184 to account 175/776-7-66 "N. Olive Avenue
Improvements" to be funded by a transfer from Fund 129 "Water Quality Control"
reserve balance
F. Motion: Approving Contract Change Order No. 1 in the amount of $3,876, bringing the
contract total to $26,176 (Fund 175) for City Project No. 0940, “Demolition of Three
Florence Street Residences”
G. 1. Motion: Accepting notification of Contract Change Order No. 5 (Final) in the amount
of $40,155.47 (Fund 141) for City Project No. 6974, “Water Reservoirs and Pump
Stations”
2. Motion: Accepting improvements with Auburn Constructors, Inc. of Sacramento,
California, for City Project No. 6974, “Water Reservoirs and Pump Stations,” and
authorizing the City Engineer to file a Notice of Completion
H. 1. Motion: Accepting notification of Contract Change Order No. 3 (Final) in the amount
of $874.03 (Fund 143) for City Project Nos. 6946 and 7039, “Storm Pump Station at S.
Kilroy and Spengler Way” and “Storm Pump Station at North Walnut and Shady Lane,”
bringing the contract total to $537,153.68
2. Motion: Accepting improvements for City Project Nos. 6946 and 7039, “Storm Pump
Station at S. Kilroy and Spengler Way” and “Storm Pump Station at North Walnut and
Shady Lane,” and authorizing the City Engineer to file a Notice of Completion
I. 1. Resolution: Appropriating $199,600 to account number 129/432-002-044 “Special
Services/Projects” (Non-General Fund 129 “Water Quality Control”) from Non-General
Fund 129 “Water Quality Control” reserve balance for specialized wastewater
engineering services to update the current design drawings and specifications for the
Harding Drain Bypass Project and to conduct studies to evaluate process changes at the
Water Quality Control Facility to reflect new discharge requirements and permitting
restrictions
2. Motion: Approving an agreement with Carollo Engineers for specialized wastewater
engineering services to update the current design drawings and specifications for
Harding Drain Bypass Project and to conduct studies to evaluate process changes at the
Water Quality Control Facility (WQCF) to reflect new discharge requirements and
permitting restrictions, in an amount not to exceed $199,600, from Non-General Fund
129/432-002-044 “Special Services/Projects”
J. Resolution: Appropriating $500,000 from line number 179/789-07-22 “Reimburse NE
Turlock LLC” to 179/789-07-23 “Reimburse NE Turlock Master Plan Developers,”
$50,000 from line number 179/790-07-08 “Reimburse NE Turlock LCC” to 179/790-07-
09 “Reimburse NE Turlock Master Plan Developers,” $200,000 from line number
179/791-07-17 ”Reimburse NE Turlock LLC” to 179/791-07-18 “Reimburse NE Turlock
Master Plan Developers,” and $120,000 from line number 179/792-07-11 “Reimburse
NE Turlock LLC” to 179/792-07-12 “Reimburse NE Turlock Master Plan Developers” for
reimbursement of constructed Master Plan improvements
K. Motion: Accepting a report on the effects of the counter hours closure
L. 1. Resolution: Appropriating $3,830 to account number 141/432-002-044 “Special
Services/Projects” (Non-General Fund 141 “Water Enterprise”) from Non-General Fund
141 “Water Enterprise” reserve balance for supplemental analysis related to the Water
Rate Study
2. Motion: Approving Amendment No. 1 to the Agreement between the City of Turlock
and ECO:LOGIC Engineers, Inc. for supplemental analysis related to the Water Rate
Study, in an amount not to exceed $3,830, from Non-General Fund 141/432-002-044
“Special Services/Projects”
M. Resolution: Declaring equipment surplus and obsolete to City needs and authorizing the
sales of same at public auction by Roger Ernst and Associates; and declaring certain
miscellaneous equipment as scrap and not to be sold at auction and declaring other
miscellaneous scrap equipment to be sold to any interested parties at fair market value
N. Resolution: Accepting a donation from the Community Sand Volleyball People for
specialized sand to replace the existing sand in the sand volleyball courts located at the
Curt Andre Park, valued at $1,562.50
O. 1. Motion: Accepting a donation from the Turlock Lions Club in the amount of $750, the
Turlock Running Club in the amount of $250, and Active Orthopedic in the amount of
$250 for the Turkey Trot Fun Run
2. Resolution: Appropriating $1,250 to account number 110/455-03-16 “Turkey Trot
Supplies” to be funded by donations received and accounted for in revenue account
110/306-23-26 “Turkey Trot Running Race” to purchase additional t-shirts and prizes
due to an increase in registrations
P. 1. Motion: Accepting the first quarter of fiscal year 2009-2010 monetary donations
valued at $544.95 from various donors in support of the City’s Animal Services Unit and
accepting the first quarter of fiscal year 2009-2010 donations of assorted animal related
products valued at $3,042.71, utilized in support of the City’s Animal Services Unit
2. Resolution: Appropriating $544.95 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
Q. Resolution: Accepting a donation of a training defibrillation unit, valued at not more than
$400, from Cardiac Science, for ongoing EMS training purposes for Turlock City Fire and
Emergency Services
R. Motion: Approving Amendment No. 2 to an Agreement between the City of Turlock and
Pre-Sort Center of Stockton, Inc., for laser printing and mailing services for the City of
Turlock’s utilities billing and business licenses, for a period of one (1) year, in an amount
not to exceed $28,000
S. Motion: Rejecting Claim for Damages filed by Gary Wallace Sr.
T. Motion: Rejecting Claim for Damages filed by Derek Andrew Domingos
U. Motion: Rejecting Claim for Damages filed by Harpal Singh
V. Motion: Rejecting Claim for Damages filed by Shelly Armstrong
6. FINAL READINGS:
A. Recommended Action:
Ordinance: Amending Turlock Municipal Code Title 2, Chapter 4, Section 514, regarding
the Personnel System as introduced at the November 24, 2009 meeting.
7. PUBLIC HEARINGS:
A. Request for approval establishing a lien for payment for the abatement of certain weeds,
obnoxious growth and other debris on property and abandoned vehicles that are a
nuisance to the public. (Boyd)
Recommended Action:
Resolution: Assessing properties for abatement costs and establishing a lien for
payment
B. Request to authorize the City to join the Statewide Community Infrastructure Program
(SCIP), make certain findings, and authorize certain matters necessary to participate in
SCIP. (Pitcock)
Recommended Action
Resolution: Authorizing the City to join the Statewide Community Infrastructure Program
(SCIP); authorizing the California Statewide Communities Development Authority to
accept applications from property owners, conduct special assessment proceedings and
levy assessments within the territory of the City of Turlock; approving form of acquisition
agreement for use when applicable; and authorizing related actions
C. Request to approve an Amendment to the Consolidated Plan, a HUD mandated
document, for fiscal years 2005-2009, which amends the former adopted strategy and
funding related to the City’s involvement in providing a cold weather shelter. (Pitt)
Recommended Action
Resolution: Approving the Amendment to the Consolidated Plan, a HUD mandated
document, for fiscal years 2005-2009 which amends the former adopted strategy and
funding related to the City’s involvement in providing a cold weather shelter
Motion: Providing direction to staff with regard to an appropriate re-use of those funds
that were returned to HUD and the City of Turlock’s CDBG Line of Credit
D. Request to amend Turlock Municipal Code Title 3, Chapter 1, Article 4, Regulating Card
Rooms and approve an Operating Agreement between the City of Turlock and Central
Valley Gaming LLC dba Turlock Poker Room. (Norton)
Recommended Action
Ordinance: Amending Turlock Municipal Code Title 3, Chapter 1, Article 4, Regulating
Card Rooms
Motion: Approving an Operating Agreement between the City of Turlock and Central
Valley Gaming LLC dba Turlock Poker Room
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 to accept the Convention and Visitors Bureau (CVB) Annual Report for 2008-
2009 and approving the 2010 Budget. (McNally-Dial)
Recommended Action:
Motion: Accepting the Convention and Visitors Bureau (CVB) Annual Report for 2008-
2009 and approving the 2010 Budget
B. Request to endorse the Local Taxpayer, Public Safety and Transportation Act of 2010, a
proposed constitutional amendment. (Van Guilder)
Recommended Action:
Resolution: Endorsing the Local Taxpayer, Public Safety and Transportation Act of
2010, a proposed constitutional amendment
C. Request to authorize the City Engineer to advertise bids for the construction of the
“Carnegie Arts Center” Project (Fund 175) City Project No. 0704. (Pitcock)
Recommended Action:
Motion: Authorizing the City Engineer to advertise bids for the construction of the
“Carnegie Arts Center” Project (Fund 175) City Project No. 0704
D. Request to authorize the execution of a Memorandum of Understanding and all related
documents for a Homeless Prevention and Rapid Re-Housing (HPRP) grant received in
the total amount of $1.6 million dollars from the California State Department of Housing
and Community Development (HCD) and to appropriate $30,000 to account number
192/508-06-01 “Homelessness Prevention and Rapid Re-Housing Grant Expenses.”
(Pitt)
Recommended Action:
Resolution: Authorizing the execution of a Memorandum of Understanding and all
related documents for a Homeless Prevention and Rapid Re-Housing (HPRP) grant
received in the total amount of $1.6 million dollars to serve the Turlock Community from
the California State Department of Housing and Community Development (HCD) and
appropriating $30,000 to account number 192/508-06-01 “Homelessness Prevention and
Rapid Re-Housing Grant Expenses”
E. Request to hire and replace one (1) regular full-time Public Safety Emergency Services
Dispatcher II for the City of Turlock Police and Fire Departments. (Hampton)
Recommended Action
Resolution: Authorizing the hiring and replacement of one (1) regular full-time Public
Safety Emergency Services Dispatcher II for the City of Turlock Police and Fire
Departments
F. Request to accept fire sprinkler information report from the Fire Chief and providing
direction to the City Manager on Municipal Code 4-3-203 regarding fire sprinklers.
(Langley)
Recommended Action:
Motion: Accepting fire sprinkler information report from the Fire Chief and providing
direction to the City Manager on Municipal Code 4-3-203 requiring fire sprinklers in new
and existing homes over 4,000 square feet in size
G. Request to accept the proposed national motto signage of “In God We Trust” to be
donated by Councilmember Spycher and displayed on the east wall of the Council
Chambers and provide direction to staff on the proposed signage “We The People.”
(Van Guilder)
Recommended Action:
Resolution: Accepting the proposed national motto signage of “In God We Trust” to be
donated by Councilmember Spycher and displayed on the east wall of the Council
Chambers
Motion: Providing direction to staff on the proposed signage “We The People”
H. Request to rescind Resolution 91-042 regarding change order approval. (Van Guilder)
Recommended Action:
Resolution: Rescinding Resolution 91-042 regarding change order approval
I. Request to adopt a new resolution regarding change order approval. (Van Guilder)
Recommended Action:
Resolution: Adopting a new resolution requiring all plans to be 100% complete prior to
going out to bid, updating contract language to indicate contingencies are to be used
only for qualifying change orders which impact life, safety, or public welfare and
qualifying change orders will only be approved in the following manner: City Engineer
may approve qualifying change orders up to 2% of the contract value; the City Manager
and City Engineer may jointly approve qualifying change orders up to 5% of the contract
value but not more than $100,000; and the Budget Subcommittee will review all
qualifying change orders greater than 5% of the contract value or $100,000 for Council
recommendation
J. Request to require all Capital Improvement Projects with a construction and project
management estimate of greater than $1,000,000 be brought before City Council for
authorization to advertise for bid. (Pitcock)
Recommended Action:
Resolution: Requiring all Capital Improvement Projects with a construction and project
management estimate of greater than $1,000,000 be brought before City Council for
authorization to advertise for bid
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. CLOSED SESSION
Conference with Real Property Negotiators, Cal. Gov’t Code §54956.8
Property: 132-134 South First Street, Turlock, APN 061-016-030
Agency Negotiator: Roy W. Wasden
Negotiating Parties: Francisco Valencia Aguilar et al
Under Negotiation: Price and Terms of Payment
Conference with Real Property Negotiators, Cal. Gov’t Code 54956.8
Property: 146 S. First Street, Turlock APN 061-016-034
Agency Negotiator: Roy W. Wasden
Negotiating Party: Pamela Martin, Mission Linen
Under Negotiation: Price and Terms of Payment
Conference with Legal Counsel – Anticipated Litigation, Cal. Gov’t Code §54956.9(b)
Potential Cases: (1case)
Conference with Labor Negotiators, Cal. Gov’t Code §54957.6
Agency Negotiators: Roy W. Wasden, Sarah Eddy
Employee Organization: Turlock Associated Police Officers
13. ADJOURNMENT
