At Tuesday night’s Turlock City Council Meeting, the Council will be holding a Public Hearing on a request to adopt a Mitigated Negative Declaration of Environmental Effects pursuant to the California Environmental Quality Act (CEQA), amend the General Plan Land Use Diagram and Zoning Map of the City of Turlock attached to Title 9 of the Turlock Municipal Code, as well as to approve a Minor Discretionary Permit for the construction of a new O’Reilly Auto Parts store.
The resolution pertains to the sites that are located on the southeast corner of Geer Road and Wayside Drive. Previously both sites were once developed with single-family homes, however, both lots have been cleared of all buildings and are currently vacant.
Wayside Drive bound the subject sites on the north. Across Wayside Drive is a gas station, currently zoned Community Commercial, and to the East of the site are two properties currently developed with houses, zoned for Commercial Office use. Geer Road binds the property on the West; across Geer is a mix of commercial and residential uses on properties that were zoned for Commercial Office Use.
The applicant is requesting a change in the General Plan designation and zoning of the parcel from Commercial Officer to Community Commercial to allow for the construction of a retail auto parts store, O’Reilly Auto Parts.
There are General Plan policies that both support and discourage this change in General Plan designation. It is not unusual for projects that are requesting General Plan and zoning changes to require the balancing of competing policies in the General Plan. Ultimately, the Planning Commission and City Council must decide if the applicant’s request, on balance, represents a proper balance between all of the policies and goals of the City’s General Plan and therefore warrants approval.
The project meets the Community Commercial zoning district development standards and the City’s adopted Design Guidelines. Measures have been added to the project to mitigate any environmental concerns. The Planning Commission recommended with a unanimous vote that the City Council approve the proposed project.
The Council will also be voting on a request to award a bid and approve an agreement in the amount of $382,671 with George Reed, Inc., of Modesto for the Landscape Golden State Boulevard from Christoffersen Parkway to Roberts Road project, as well as awarding and approving an agreement in the amount of $359,183.50 with George Reed, Inc. for the project.
On August 14th, 2012, two bids were received for City Projects “Landscape Golden State Boulevard from Christoffersen Parkway to Roberts Road” and “Landscape Golden State Boulevard from Roberts Road to Monte Vista Avenue.” George Reed, Inc. was the lowest responsible bidder with a bid in the amount of $741,854.50.
The low bid was determined by the summation of the two projects totals. Both projects will be tracked and constructed separately; although the construction will occur simultaneously and by the same contractor.
Through the Federal RSTP program, the City has been awarded $796,000 for these two projects. These are funds the City applied for over six years ago and have taken a long time to come to fruition, but are ready to be spent on construction. Although these dollars from the RSTP program, they are specifically for transportation enhancements (i.e. landscaping, beautification, etc.) and cannot be used for road repair, pedestrian improvements, or other functions that most RSTP funds can be used for.
Should the City Council reject the bids, the City will lose all of the federal funding awarded to it.
To view the Council Regular Meeting Agenda Packet, visit the City of Turlock website here:
http://www.ci.turlock.ca.us/pdf/downloadpacket.asp?dept=CityCouncil&id=277
People may also watch the Council video live from the City of Turlock website and on Charter channel 2.
Text Version:
Turlock City Council Regular Scheduled
Meeting Agenda
August 28, 2012
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. Proclamation: 11th Anniversary of the Events of September 11, 2001
3. A. SPECIAL BRIEFINGS: None
B. STAFF UPDATES
1. Radio System Update (Jackson)
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.
C. 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 three (3) 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.
4. A. 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 7/26/12 in the amount of $2,673,852.24; Demands
of 8/2/12 in the amount of $1,379,003.54
B. Motion: Accepting Minutes of Regular Meeting of August 14, 2012
C. 1. Motion: Approving Contract Change Order No. 6 in the credit amount of ($16,564.49)
(Fund 426) for City Project No. 0952, "Turlock Regional Transit Center,” bringing the
contract total to $1,659,782.33
2. Motion: Accepting improvements for City Project No. 0952, "Turlock Regional Transit
Center,” and authorizing the City Engineer to file a Notice of Completion
D. Motion: Accepting notification of Contract Change Order No. 1 in the amount of $18,200
(Fund 420) for City Project No. 10-24, “Well #40 Site Work,” bringing the contract total to
$210,866.35
E. Motion: Approving Contract Change Order No. 1 in the amount of $77,170.78 (Fund
215) for City Project No. 10-65, “Rehabilitation of Golden State Boulevard and West
Main Street,” bringing the contract total to $1,077,626.75
F. 1. Motion: Approving Contract Change Order No. 1(Final) in the credit amount of
($4,478) for City Project No. 11-45, “Well #41 Pilot Hole,” bringing the contract total to
$20,100
2. Motion: Accepting improvements for City Project No. 11-45, “Well #41 Pilot Hole,”
and authorizing the City Engineer to file a Notice of Completion
G. Resolution: Appropriating $336,000 of unspent funds from Fiscal Year 2011-12 to Fiscal
Year 2012-13 for various City projects
H. Resolution: Approving an Amendment to the Fiscal Year 2012-13 budget to appropriate
$5,000 to account number 110-40-400.43131 “Smart Valley Places Grant Expenses”
funded by revenue received in account number 110-40-400.34172 “Smart Valley Places
Grant” and approving Amendment No. 1 to the agreement between the City of Turlock
and Jarvis, Fay, Doporto, and Gibson, LLP, dated November 7, 2011
I. Resolution: Appropriating $8,814.13 of unspent funds from fiscal year 2011-12 to Fiscal
Year 2012-13 account number 305-40-442.43270 “General Plan Update” from Fund 305
“Capital Facilities Fees – Administration” Reserve Balance
J. Resolution: Approving a land and facilities lease rate schedule for the Turlock Municipal
Airport for the period of July 1, 2012 through June 30, 2014 and authorizing the City
Manager to execute any related documents
K. Resolution: Authorizing the sole source procurement of four (4) Flygt brand motors from
Shape, Inc. of Stockton, California, in an amount not to exceed $100,000, from Fund
410-51-534-44030_039 “Minor Equipment Biotower Pump (Spare),” without compliance
to the formal bid process
L. 1. Motion: Approving Contract Change Order No. 1 (Final) in the amount of $23,476
(Fund 302) for City Project No. 10-30, "Streetlight Induction Lamp Replacement/Retrofit,"
bringing the contract total to $589,766
2. Motion: Accepting improvements for City Project No. 10-30, "Streetlight Induction
Lamp Replacement/Retrofit," and authorizing the City Engineer to file a Notice of
Completion
M. Motion: Approving the agreement renewal between the City of Turlock and Independent
Contractor (Dragon Sports) to offer youth self-defense classes
N. Resolution: Appropriating in fiscal year 2011-12 $53,979 to account number 266-20-
255-345.43135_001 “OTS Avoid Grant Allied Agencies” to be funded by a transfer from
the General Fund – Police Services-Patrol budget as a result of salary savings in the
Police Department’s Field Operations Division
O. Resolution: Authorizing approval to enter into a contract with the Central San Joaquin
Valley Risk Management Authority for Crime Shield Coverage for Fiscal Year 2012-13
P. Motion: Rejecting Claim for Damages filed by Verna Gaylord
Q. Motion: Rejecting Claim for Damages filed by Kenneth Williams
6. FINAL READINGS: None
7. PUBLIC HEARINGS:
A. Request to adopt a Mitigated Negative Declaration of Environmental Effects pursuant to the California Environmental Quality Act (CEQA), amend the General Plan Land Use
Diagram and Zoning Map of the City of Turlock attached to Title 9 of the Turlock
Municipal Code and approve Minor Discretionary Permit 2012-09 (O’Reilly Auto Parts).
(Whitmore)
Recommended Action:
Motion: Adopting a Mitigated Negative Declaration of Environmental Effect pursuant to
the California Environmental Quality Act (CEQA)
Resolution: Amending the General Plan Land Use Diagram [General Plan Amendment
2012-01 (O’Reilly Auto Parts)] Ordinance: Amending the Zoning Map of the City of Turlock, California, attached to Title
9 of the Turlock Municipal Code [Rezone 2012-01 (O’Reilly Auto Parts)] Resolution: Establishing Conditions of Approval for Minor Discretionary Permit 2012-09
(O’Reilly Auto Parts)
8. SCHEDULED MATTERS:
A. Request to award bid and approve an agreement in the amount of $382,671 (Fund 215) with George Reed, Inc., of Modesto, California for City Project Number 0740,
"Landscape Golden State Boulevard from Christoffersen Parkway to Roberts Road" and
award bid and approve an agreement in the amount of $359,183.50 (Fund 215) with
George Reed, Inc. for City Project Number 0870, “Landscape Golden State Boulevard
from Roberts Road to Monte Vista Avenue. (Pitcock)
Recommended Action:
Motion: Awarding bid and approving an agreement in the amount of $382,671 (Fund
215) with George Reed, Inc., of Modesto, California for City Project Number 0740,
"Landscape Golden State Boulevard from Christoffersen Parkway to Roberts Road"
Motion: Awarding bid and approving an agreement in the amount of $359,183.50 (Fund
215) with George Reed, Inc., of Modesto, California for City Project Number 0870,
“Landscape Golden State Boulevard from Roberts Road to Monte Vista Avenue”
B. Request to approve a Memorandum of Understanding between the Stanislaus County
Office of Education, the City of Turlock, and the Turlock Unified School District;
Authorizing the acceptance of an allocation of funds and execution of a grant agreement
to implement the Project Safe II – ASES Program (Supporting After School for
Everyone); and Approving budget adjustments to the revenue and expenditure account
numbers for the ASES Program in Fund 270 “Recreation Grants and Donations”. (Van
Guilder)
Recommended Action:
Resolution: Approving a Memorandum of Understanding between the Stanislaus
County Office of Education, the City of Turlock, and the Turlock Unified School District;
Authorizing the acceptance of an allocation of funds and execution of a grant agreement
to implement the Project Safe II – ASES Program (Supporting After School for
Everyone); and Approving budget adjustments to the revenue and expenditure account
numbers for the ASES Program in Fund 270 “Recreation Grants and Donations” as
delineated on Attachment A
C. Request to authorize the sole source procurement and installation of forty-five (45)
Motorola Mobile Workstation Computers from Delta Wireless in the amount of
$251,318.25 from Fund 112-10-116.51117 “Police MDC’s” without compliance to the
formal bid process. (Williams)
Recommended Action:
Resolution: Authorizing the sole source procurement and installation of forty-five (45)
Motorola F5208 MW810 R2.0 Mobile Workstation Computers from Delta Wireless in the
amount of $251,318.25 from Fund 112-10-116.51117 “Police MDC’s” without
compliance to the formal bid process
D. Request to oppose AB2451(Perez) related to the presumptive death benefits for workers
compensation claims by peace officers and firefighters, sponsored by California
Association of Highway Patrolmen and the California Professional Firefighters
Recommended Action:
Resolution: Opposing AB2451(Perez) related to the presumptive death benefits for
workers compensation claims by peace officers and firefighters, sponsored by California
Association of Highway Patrolmen and the California Professional Firefighters
9. COUNCIL ITEMS FOR FUTURE CONSIDERATION
10. 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.
11. CLOSED SESSION
Conference with Labor Negotiators, Cal. Gov’t Code §54957.6
Agency Negotiators: Roy W. Wasden/Phil Lancaster
Employee Organization: Turlock Associated Police Officers
Employee Organization: Turlock City Employee Association
Employee Organization: Turlock Firefighters Association. Local 2434
Employee Organization: Turlock Management Association-Public Safety
Unrepresented Employees: Accountant, Sr., Assistant to the City Manager for Economic
Development/Redevelopment, Community Housing Services Manager, Deputy Development
Services Director/Planning, Development Services Director/City Engineer, Development Services
Supervisor/City Surveyor, Executive Assistant to the City Manager/City Clerk, Finance Customer
Service Supervisor, Fire Chief, Human Resources Manager, Human Resources Technician,
Legal Assistant, Municipal Services Director, Payroll Coordinator, Principal Civil Engineer, Public
Facilities Maintenance Manager, Regulatory Affairs Manager, Secretary/Deputy City Clerk,
Executive Administrative Assistant/Public Safety, Technical Services Manager,
Traffic/Transportation Engineering Supervisor, Utilities Manager, Water Quality Control Division
Manager
12. ADJOURNMENT