City Council Meeting Minutes May 28, 2024 6:00 p.m. CITY OF TURLOCK INC. 1908 City of Turlock Yosemite Room 156 S. Broadway, Turlock, California 1. CALL TO ORDER 2. SALUTE TO THE FLAG Vice Mayor Franco called the meeting to order at 6:00 p.m. 3. ROLL CALL AND DECLARATION OF CONFLICTS Present: Absent: Councimembers Cassandra Abram, Vice Mayor Pam Franco, and Mayor Amy Councilmember Councilmember Councilmember Councilmember Mayor Bublak who called in to the meeting. Councilmember Rebecka Monez Abram None Bixel None Franco None Monez Absent Bublak None 4. APPROVAL OF AGENDA AS POSTED OR AMENDED Councimember Abram requested to move Public Participation before Proclamations;, Recognitions, Appointments, Announcements, Presentations, and Briefings. Motion: Approval of Agenda as amended, motioned by Councimember Abram, seconded by Councimember Bixel and carried 4/0 by the following vote: Councilmember Councilmember Councimember Councilmember Mayor Abram Yes Bixel Yes Franco Yes Monez Absent Bublak Yes PUBLIC PARTICIPATION Vice Mayor Franco opened the item to public comment and the following members of the public spoke: Karina Mendoza Lori Smith Ron Bridegroom Abby Pendleton With no further comments, Vice Mayor Franco closed public comment. 5. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOUNCEMENTS, A. Presentation: Geer Road Pavement Rehabilitation Project (Pezeshk) PRESENTATIONS, AND BRIEFINGS Roads Program Manager Pezeshk introduced Ed Noriago with Mark Thomas provided a presentation provided an update on the Geer Road Pavement Rehabilitation Project. He discussed the project objective, project schedule and where they currently are int the process of the project, project funding and possible grants opportunities. CITY OF TURLOCK CITY COUNCIL MEETING MINUTES TUESDAY, MAY 28, 2024 Manager Pezeshk and Mr. Noriago responded to questions from the City Council. Vice Mayor Franco opened the item for public comment and comment was received from the following individual: John Gebelein With no further comment, Vice Mayor Franco closed public comment. City Attorney Petrulakis presented information on the Levine Act. B. Presentation: Levine Act (Petrulakis) Vice Mayor Franco opened the item for public comment and with none, closed public The Council requested the presentation be posted on the City's website along with a link to the FPPCS website and that information regarding the Levine Act be included in candidate C. Briefing: Engaging in discussion and providing direction to staff regarding the proposed Fiscal Finance Director Moreno provided information regarding the 2024-2025 Non-General Fund Budget. He reviewed the Non-General Fund types, major funds and their activities, and other Vice Mayor Franco opened the item for public comment and with none, closed public D. Briefing: Council discussion and guidance on the composition oft the RehabltationlEconomic Housing Manager Figueroa provided a presentation on the composition of the Rehabitation/FEconomic Development Loan Committee. She provided general information regarding the loan committee and current projects and processes. Vice Mayor Franco opened the item for public comment and with none, closed public There was discussion regarding who should be on the loan committee such as staff or members of the public, what the review process would look in regards to confidentiality of loan information and what HUD requirements would be regarding that, and the calendaring of comment. packets. Year 2024-2025 Non-General Fund Budget (Moreno) augmentation requests. comment.. Development Loan Committee (Figueroa) comment. meetings. Page 2 CITY OF TURLOCK CITY COUNCIL MEETING MINUTES TUESDAY, MAY 28, 2024 6. PUBLIC PARTICIPATION- this item was moved to before Proclamations, Recognitions, Appointments, Announcements, Presentations, and Briefings 7. CONSENT CALENDAR A. Motion: Accepting the Weekly demands of 05/03/2024 through 05/09/2024 in the amount of $4,535,519.64, 05/10/2024 through 05/16/2024 in the amount of $1,341,770.83, and AP EFT B. Motion: Accepting the Minutes of the May 14, 2024 Regular City Council meeting C. Motion: Waiving Reading of All Ordinances on the Agenda, Except by Title March 2024 in the amount of $143,424.12 D. This item was heard separately E. Resolution 2024-075: Approving a Transportation Development Act (TDA) transit claim totaling $4,154,826 for funding with the Stanislaus Council of Governments (StanCOG) associated with the Roger K. Fall Transit Center, the Turlock-Denair Amtrak Station, and Turlock Transit services for Fiscal Year 2024-25 and authorizing the City Manager to sign F. Resolution 2024-076: Authorizing the execution oft the Certifications and Assurances form and the Authorized Agent form for the Low Carbon Transit Operations Program (LCTOP) for G. Resolution 2024-077: Affirming the Community Events and Activities Grant Awards totaling $30,000 funded by Fund 120 "Tourism" account number 120-10-120,47315 "Community H. Resolution 2024-078: Approving Amendment No. 2 to the agreement (City Contract 2023- 052) between the City of Turlock and B.I.C. Security Systems for security and fire alarm monitoring, to modify the scope of work and increase the compensation in a total amount not-to-exceed $128,553.78, if all renewal periods are exercised, expensed from various Funds to City account(s) 43005 "Alarm Monitoring General (Murphy) Motion: Approving the Final Map and Subdivision Improvement Agreement with JKB Living INC, conditioned upon construction ofi improvements for the Balisha Ranch subdivision (Vesting Tentative Subdivision Map (VTSM) 2021-09, Development Project No. 21-020), Action: Motion by Councilmember Abram, seconded by Councilmember Bixel to adopt the and submit the subject claim (York) the following project: Free Fares Project ($188,452) (York) Grant Program" (Vargas) developed by JKB Living, INC (Morris) Consent Calendar, and carried 4/0 by the following vote: Councilmember Councilmember Councilmember Councilmember Mayor Abram Yes Bixel Yes Franco Yes Monez Absent Bublak Yes D. Resolution 2024-074: Adopting the revised City of Turlock Injury and Iliness Prevention Program, which includes the City's Safety Program and Central Safety Committee Bylaws, Workplace Violence Prevention Plan, and COVID-19 Guidelines (Loehr) Vice Mayor opened the item for public comment and the following individual spoke: Page 3 CITY OF TURLOCK CITY COUNCIL MEETING MINUTES TUESDAY, MAY 28, 2024 Milt Trieweiler With no further comment, Vice Mayor Franco closed public comment. Director Loehr and Deputy City Manager Eddy responded to questions from the public and Action: Motion by Councilmember Abram, seconded by Councimember Bixel to adopt the revised City of Turlock Injury and Iliness Prevention Program, which includes the City's Safety Program and Central Safety Committee Bylaws, Workplace Violence Prevention Plan, the City Council. and COVID-19 Guidelines, and carried 4/0 by the following vote: Councilmember Councilmember Councilmember Councilmember Mayor Abram Yes Bixel Yes Franco Yes Monez Absent Bublak Yes 8. FINAL READINGS A. Second and final reading of an Ordinance amending Turlock Municipal Code Title 9, Chapter 1, Article 2, regarding definitions; amending Title 9, Chapter 2, Article 1 regarding Regulations Applying to All Districts; repealing and replacing Title 9, Chapter 2, Article 1, Section 119 regarding Second Dwelling Units; amending Title 9, Chapter 3, Article 1 Section 102 regarding A District Use Classifications; amending Title 9, Chapter 3, Article 2 regarding R District Use Classifications; amending Title 9, Chapter 4, Article 1 Section 103 regarding Downtown Use Vice Mayor Franco opened thei item for pubic comment, and with none, closed public comment. Action: Ordinance 1312: Second and final reading of an Ordinance amending Turlock Municipal Code Title 9, Chapter 1, Article 2, regarding definitions; amending Title 9, Chapter 2, Article 1 regarding Regulations Applying to All Districts; repealing and replacing Title 9, Chapter 2, Article 1, Section 119 regarding Second Dwelling Units; amending Title 9, Chapter 3, Article 1 Section 102 regarding A District Use Classifications; amending Title 9, Chapter 3, Article 2 regarding R District Use Classifications; amending Title 9, Chapter 4, Article 1 Section 103 regarding Downtown Use Classifications as motioned by Councilmember Abram, seconded by Classifications (Werner) Councimember Bixel, and carried 4/0 by the following vote: Councimember Councilmember Councilmember Councilmember Mayor Abram Yes Bixel Yes Franco Yes Monez Absent Bublak Yes 9. PUBLIC HEARINGS A. Determining the approval of General Plan Amendment 2023-02, Rezone 2023-02, and Minor Discretionary Permit 2024-01 (Oak Park Amenities) is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In- Fill Development Projects) of the CEQA Guidelines, Adopting General Plan Amendment 2023-02 amending the Northwest Triangle Specific Plan and Amending the Land Use Diagram of the Turlock General Plan, Amending the Zoning Map of the City of Turlock, attached to Title 9 of the Turlock Municipal Code [Rezone 2023-02 (Oak Park Amenities)), Page 4 CITY OF TURLOCK CITY COUNCIL MEETING MINUTES TUESDAY, MAY 28, 2024 Approving Minor Discretionary Permit 2024-01 (Oak Park Amenities) (Wemer) City Attorney Petrulakis declared a conflict on this item. He stated his conflict and recused himself from the dais. Planning Manager Werner provided a staff report on this item. Staff responded to questions from the City Council. Vice Mayor Franco opened the item for public comment and comment was received from the following individuals: Ron' West Milt Trieweiler With noi further comment, Vice Mayor Franco closed public comment. Staff responded to questions from the public and additional questions from the Council. Action: Resolution 2024-079: Determining the approval of General Plan Amendment 2023- 02, Rezone 2023-02, and Minor Discretionary Permit 2024-01 (Oak Park. Amenities) is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines; and Resolution 2024-080: Adopting General Plan Amendment 2023-02 amending the Northwest Triangle Specific Plan and Amending the Land Use Diagram of the Turlock General Plan; and Ordinance 13XX: Introduction and first reading of an ordinance amending the Zoning Map of the City of Turlock, attached to Title 9 of the Turlock Municipal Code [Rezone 2023- 02 (Oak Park Amenities)); and Resolution 2024-081: Approving Minor Discretionary Permit 2024-01 (Oak Park Amenities) as motioned by Councimember Abram, seconded by Councimember Bixel, and carried 4/0 by the following vote: Councilmember Councilmember Councilmember Councilmember Mayor Abram Yes Bixel Yes Franco Yes Monez Absent Bublak Yes City Attorney Petrulakis returned to the dais and stated he recused himself for the wrong item, his conflict is with Action Item 9B: sO he recused himself again from the dais. B. Determining extension of City of Turlock water and sewer lines and connection of the existing properties at 4905 and 5205 North Golden State Boulevard, Stanislaus County Assessor's Parcel Numbers 045-062-018 and 045-062-019, located outside the jurisdictional boundary of the City of Turlock, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(d) [New Construction or Conversion of Small Structures] oft the CEQA Guidelines; Approving an Out-ol-Boundary Service Agreement for Water and Sanitary Sewer Connection Affecting Real Properties located at 4905 and 5025 North Golden State Boulevard, Stanislaus County Assessor's Parcel Numbers 045-062-018 and 045-062- 019 establishing the conditions under which the City would provide water and sanitary sewer services to the properties and authorizing the City Manager to execute all documents, applications, assurances, agreements, and statements that may be required to implement the agreement; Authorizing the City Manager to certify a Stanislaus LAFCO Out-of-Boundary Service Application and submit the application requesting LAFCO approval for the connection of properties located at 4905 and 5025 North Golden State Boulevard, Stanislaus County Page 5 CITY OF TURLOCK CITY COUNCIL MEETING MINUTES TUESDAY, MAY 28, 2024 Assessor's Parcel Number 045-062-018 and 045-062-019 to the City of Turlock water and Vice Mayor Franco announced there was a green sheet for this item, hereto attached to the Planning Manager Werner provided a staff report for this item and responded to questions Vice Mayor Franco opened the item for public comment and the following members of the sanitary sewer systems (Werner) minutes as Exhibit 1. from the City Council. public spoke: Neil Khatri Milt Trieweiler With no further comment, Vice Mayor Franco closed public comment. Staff responded to questions from the public. Action: Resolution 2024-082: Determining extension of City of Turlock water and sewer lines and connection of the existing properties at 4905 and 5205 North Golden State Boulevard, Stanislaus County Assessor's Parcel Numbers 045-062-018 and 045-062-019, located outside thej jurisdictional boundary of the City of Turlock, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(d) [New Construction or Conversion of Small Structures] oft the CEQA Guidelines; and Motion: Approving an Out-of-Boundary Service Agreement for Water and Sanitary Sewer Connection Affecting Real Properties located at 4905 and 5025 North Golden State Boulevard, Stanislaus County Assessor's Parcel Numbers 045-062-018 and 045-062-019 establishing the conditions under which the City would provide water and sanitary sewer services to the properties and authorizing the City Manager to execute all documents, applications, assurances, agreements, and statements that may be required to implement the agreement; and Motion authorizing the City Manager to certify a Stanislaus LAFCO Out-of- Boundary Service. Application and submit the application requesting LAFCO approval for the connection of properties located at 4905 and 5025 North Golden State Boulevard, Stanislaus County Assessor's Parcel Number 045-062-018 and 045-062-019 to the City of Turlock water and sanitary sewer systems as motioned by Councilmember Bixel, seconded by Councimember Abram, and carried 4/0 by the following vote: Councimember Councilmember Councilmember Councilmember Mayor Abram Yes Bixel Yes Franco Yes Monez Absent Bublak Yes City Attorney Petrulakis returned to the dais. 10. ACTION TEMS A. Approving Amendment No. 21 to an Agreement (City Contract 2024-014) between the City of Turlock and Champion Industrial Contractors, Inc. for preventive maintenance, filter change- out, and repair services for HVAC units for City-owned and leased buildings, to modify the total compensation from an annual not-to-exceed amount ($275,000 for first year and $250,000 per two (2) additional one-year terms) to at total not-to-exceed amount of $775,000 (Schulze) Page 6 CITY OF TURLOCK CITY COUNCIL MEETING MINUTES TUESDAY, MAY 28, 2024 Public Works Director Schulze provided a staff report on this item and responded to Vice Mayor Franco opened the item for public comment and with no one: speaking, closed Action: Resolution 2024-083: Approving Amendment No. 2 to an Agreement (City Contract 2024-014) between the City of Turlock and Champion Industrial Contractors, Inc. for preventive maintenance, filter change-out, and repair services for HVAC units for City-owned and leased buildings, to modify the total compensation from an annual not-to-exceed amount ($275,000 for first year and $250,000 per two (2) additional one-year terms) to at total not-to- exceed amount of $775,000 as motioned by Councilmember Abram, seconded by questions from the City Council. public comment. Councimember Bixel, and carried 4/0 by the following vote: Councilmember Councilmember Councilmember Councilmember Mayor Abram Yes Bixel Yes Franco Yes Monez Absent Bublak Yes B. Adopting a Resolution implementing new Turlock Municipal Code (TMC) Chapter 1-9 entitled "Conflicts of Interest and Legal Compliance Documentation" (Petrulakis) City Attorney Petrulakis provided a staff report for this item. He briefly went over the revisions to the items in the report and discussed the processing of forms. He responded to Vice Mayor Franco opened the item for public comment and the following members oft the questions from the City Council. public spoke: Milt Trieweiler With no further comment, Vice Mayor Franco closed public comment. Action: Adopting and implementing new Turlock Municipal Code (TMC) Chapter 1-9 entitled "Conflicts of Interest and Legal Compliance Documentation" with the amendment that the large grants only follow HUD requirements and the two forms that the other amounts are required, the conflict of interest disclosure form and the applicant self-certification form as motioned by Councilmember Abram, seconded by Councilmember Bixel, and failed 2/2 by the following vote: Councilmember Councilmember Councilmember Councilmember Mayor Abram Yes Bixel Yes Franco No Monez Absent Bublak No Action: To table this item for discussion until all five members of the City Council are present as motioned by Mayor Bublak, seconded by' Vice Mayor. Franco, and failed 2/2 by the following vote: Councilmember Councilmember Councimember Councimember Mayor Abram No Bixel No Franco Yes Monez Absent Bublak Yes Action: Adopting and implementing new Turlock Municipal Code (TMC) Chapter 1-9 entitled "Conflicts of Interest and Legal Compliance Documentation" with the amendment tor raise the large grants to $50,000, keep the list as is and a small grant would be considered anything Page7 CITY OF TURLOCK CITY COUNCIL MEETING MINUTES TUESDAY, MAY 28, 2024 between $2,000 and less than $50,000 as motioned by Councimember Abram, seconded by Councilmember Bixel, and passed 3/1 by thet following vote: Councilmember Councilmember Councilmember Councilmember Mayor Abram Yes Bixel Yes Franco Yes Monez Absent Bublak No C. Approving the appropriation of funds from American Rescue Plan Act (ARPA) restricted reserves Fund 119 "American Rescue Plan Act" account 119-10-118.4030.00 "Minor Equipment Miscellaneous" in an amount not to exceed $250,0001 to upgrade the City's Risk Management Director Loehr and ITI Director Showalter provided a staff report on this item. They provided information on the purpose and functions of the Emergency Operations Center (EOC) and discussing communication and conferencing upgrades. Emergency Operation Center Loeht/Showalter) Staff responded to questions from the City Council. Vice Mayor Franco opened the item for public comment and with no members oft the public There was discussion regarding a real time crime center and Chief Hedden responded to Action: Resolution 2024-085: Approving the appropriation of funds from American Rescue Plan Act (ARPA) restricted reserves Fund 119' "American Rescue Plan Act" account 119-10- 118.44030_000 "Minor Equipment Miscellaneous" ini the amount of $250,000 with the amendment of adding an additional Technology Contingency of $100,000 for a total not to exceed amount of $350,000 to upgrade the City's Emergency Operation Center as motioned by Mayor Bublak, seconded by Councimember Abram and carried 4/0 by the following vote: speaking, closed public comment. questions regarding this. Councilmember Councilmember Councilmember Councilmember Mayor Abram Yes Bixel Yes Franco Yes Monez Absent Bublak Yes 11. CITY MANAGER REPORIS/UPDATES A. Columbia Pool Update (Schulze) Pubic' Works Director Schulze provided an update on the Columbia Pool Project. 12. COUNCIL ITEMS FOR FUTURE CONSIDERATION Councilmember Abram announced that the Roads Workshop will be happening June 4, 2024 at Mayor Bublak spoke about cyber-security and mentioned that she will be bringing more Vice Mayor Franco spoke about the grand re-opening of the Walmart on Geer Road and mentioned that that particular Walmart is the ranked as the number one neighborhood Walmart int the nation. She also congratulated the Turlock Fire Department on their boot drive and the 6:00 p.m. in the Yosemite Room. information regarding this to Council soon. Police Department on their buckets and badges drive. Page 8 CITY OF TURLOCK CITY COUNCIL MEETING MINUTES TUESDAY, MAY 28, 2024 13. COUNCILMEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS Councilmember Abram requested the City Council have a discussion, at the policy, the goals for the ARPA projects. She would also like the Council to have a discussion regarding PLHA funded Vice Mayor Franco would like to see her spreadsheet regarding Council approved projects and projects and proportions. current status of those projects. 14. CLOSED SESSION Vice Mayor Franco announced that the Closed Session items would be pulled from the agenda as there is nothing to report. A. Conference with Labor Negotiators, Cal. Gov'tCode $54957.6(a) Agency Designated Representative: Deputy City Manager Sarah Eddy Employee Organization: Turlock Associated Police Officers Employee Organization: Turlock City Employees Association Employee Organization: Turlock Firefighters Association-Local 2434 Employee Organization: Turlock Management Association-Public Safety Unrepresented Groups: Turlock Management and Confidential Employees B. Conference with Legal Counsel - Anticipated Litigation, Cal. Gov't Code $54956.9(d)(2) Potential Case(s): One (1) 15. REPORTS FROM CLOSED SESSION None 16. ADJOURNMENT Mayor Bublak adjourned the meeting at 8:49 p.m. Respectfully submitted Cuhi Chtl Julie Christel, City Clerk Page 9