CITY CONTRACT NO. 2022-89
AGREEMENT BETWEEN THE CITY OF TURLOCK
and
MARK THOMAS & COMPANY, INC.
for
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
City Contract No. 2022-89
City Project No. 22-001
THIS SERVICE AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Mark Thomas & Company, Inc., a California corporation (“Professional”), on this ______ day of ___________ 2022 (the “Effective Date”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.
RECITALS
A. City seeks to hire an independent contractor to perform professional construction management and inspection services to assist City with the City Project No. 22-001 “Projects for 2022 Construction for Roads Program” (the “Project”).
B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services in Exhibit A attached hereto and incorporated herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
C. The Parties have outlined the schedule or timeline for providing the Services (“Completion Schedule”), which shall be included in the Scope of Services in Exhibit A .
D. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in the Scope of Services in Exhibit A.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
Attachment D
CITY CONTRACT NO. 2022-89
AGREEMENT
1. Recitals . The recitals set forth above (“Recitals”) are tru e and correct and are hereby incorporated into and made part of this Agreement b y this reference. In the event of any inconsistency between the Recitals and Section 1 th rough 53 of this Agreement, Sections 1 through 53 shall prevail.
2. Term . The term of this Agreement will commence on the Effective Date and terminate on the 30
th day of June, 2024 (“Term”) unless the Parties mutu ally agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.
3. Extension of Agreement . City may elect to extend this Agreement on the sa me terms and conditions, upon issuing an “Election to Extend Agreement” letter executed by the City Manager to Professional thirty (30) days prior to the expiration of this Agreement.
4. Effective Date . This Agreement shall only become effective once a ll of the Parties have executed the Agreement (the “Effective Date”).
5. Work .
5.1. Services . Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibit A . Any request for Services not included in Exhibit A will be considered a request for additional or mod ified Services (“Modification” or “Modifications”). Professional shall not receive additional compensation for any Modification of the Services unless the Parties agr ee otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services . City may, by written order, authorize Modifications to the Services described in Exhibit A . If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
5.3. Professional Requested Modification in Service s . Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(a) Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
(1) be supported by substantial evidence that the w ork is outside the Services; (2) set forth the Professional’s proposed course of action for comple ting the work and a specific request for City to approve the Modification to the Services; (3) set forth the Professional’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Professional’s proposed revisions, if any, to the Compensation Schedule; and
(b) City agrees that the work requires a Modificati on;
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(c) City approves all adjustments, if any, to the C ompletion Schedule and Compensation Schedule; and
(d) The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the C ompletion Schedule and Compensation Schedule for Professional’s work.
6. Compensation .
6.1. Amount, Time and Manner of Payment for Profess ional Services . City shall pay Professional according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Profes sional will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San Francisco- Oakland Consumer Price Index for all urban consumers or percentage increases in Professional’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable. City’s total comp ensation to Professional shall not exceed Seventy-Eight Thousand Four-Hundred-Forty-One Dolla rs and Zero Cents ($78,441.00) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
6.2. Deposit . {Intentionally Omitted}
6.3. Subsequent Payments . City shall make monthly payments in the amount invoiced by Professional within thirty (30) calenda r days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the dispute and may withhold the amount which i s in dispute until the dispute has been resolved.
6.4. Invoices . Professional shall provide City with monthly invo ices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City . The payments specified shall be the only payments made to Professional for performance of the Services, including compensation for any Modification. Professional shall submit all billings for Services to City within forty-five (45) days of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.
7. Notice to Proceed . Professional shall not commence the performance o f the Services until it has been given notice by City (“Notice to Proceed”).
8. Time of Performance . Professional warrants that it will commence perfo rmance of the Services upon receipt of the Notice to Proceed from the City and shall conform to the Completion Schedule. The time of performance is a material ter m of this Agreement relied on by City in entering into this Agreement.
9. City Assistant to Professional . {Intentionally Omitted}
10. Time and Personnel Devoted to Services . Professional shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with the Completion Schedule, Compensation Schedule, and this Agreement.
11. Performance by Qualified Personnel; No Subcontr acting . Services under this Agreement shall be performed only by competent pers onnel under the supervision and direct
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employment of Professional. Professional will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, includi ng those assigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.
12. Representations of Professional . City relies upon the following representations by Professional in entering into this Agreement:
12.1. Qualifications . Professional represents that it is qualified to perform the Services provided in Exhibit A and that it possesses the necessary licenses and p ermits required to perform the Services or will obtain such licenses o r permits prior to the time such licenses or permits are required. Professional shall also ensure that all subcontractors are similarly licensed and qualified. Professional and all subcontractors shall also obtain a business license from City before they commence performance of the Services. Professional represents and warrants to City that Professional shall, at Professional's sole cos t and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Professional to practice Professional' s profession at the time the Services are rendered.
12.2. Professional Performance . Professional represents that all Services under t his Agreement shall be performed in a professional mann er and shall conform to the customs and standards of practice observed on similar, successf ully completed projects by specialists in the Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall per form all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by Professional shall be completed using the best practices available for the profession. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.
12.3. No Waiver of Claims . The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification shal l not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re- perform or replace unsatisfactory Service, includin g, but not limited to, cases where the unsatisfactory character of such Service may not ha ve been apparent or detected at the time of such payment, inspection, review or approval.
12.4. City’s Remedies are Cumulative . Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in eq uity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest . Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
13. Conformity with Law and Safety . Professional shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal,
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state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regul ations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulati ons, appropriate trade association safety standards, and appropriate equipment manufacturer i nstructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations.
Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constit ute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Professional shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of Professional's subcontractor, if any ; (c) name and address of Professional's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
14. Contact by Professional with Project Owner or P roject Applicant . Unless otherwise set forth in the Services, neither Professional nor Professional's subcontractors shall directly contact the owner of the property involved in the Project or any party who is the applicant for the Project (“Interested Party”), or an employee or con tractor of an Interested Party, on any matter relating to the Project without the prior consent of the Contractor Administrator. In no event shall Professional take any instructions or directions from an Interested Party on any matter pertaining to the Professional's Services to be performed for City under this Agreement.
15. Confidentiality . Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional may have access to private or confidential information that may be own ed or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professi onal shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project and, in such event, Profe ssional agrees that it will treat all communications between itself, its employees and it s subcontractors as being communications which are within the attorney-client privilege.
Notwithstanding the foregoing, Professional may dis close Confidential Information required to be disclosed under law, provided that, prior to disclosure, Professional shall first give notice to City and make a reasonable effort to obta in a protective order requiring that City’s
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Confidential Information not be disclosed. This exc eption is limited to the extent disclosure is required under law.
16. Excusable Delays; Notice to Other Party of Dela y . Professional shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which i s defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbanc es or other catastrophic events, which are beyond the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Profession al’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Professional.
17. Assignment Prohibited . No Party to this Agreement may assign any right o r obligation pursuant to this Agreement. Any attempt or purporte d assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
18. Suspension of Services by City . City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services, t he completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such susp ension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City Manag er, is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.
If the Parties are unable to agree upon the amount of extra compensation which is due to Professional within thirty (30) days of Professiona l resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Professional for its expenses incurred by the interruption of Servic es may, upon the request of either Party, be determined by arbitration conducted in accordance w ith the “Arbitration of Disputes” section of this Agreement. Such arbitration shall be commenced by the Professional no later than sixty (60) calendar days following the event which entitles th e Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continu e to make payments for the Services in progress as required by this Agreement.
19. Ownership of Work Product . Any and all work, artwork, copy, posters, billboa rds, photographs, videotapes, audiotapes, systems design s, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Professional or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Professional or its sub contractors, or subcontractors under this Agreement, are not works for hire under U.S. law, P rofessional hereby assigns all copyrights to
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such Products to City. With the prior written appro val of City's point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of its experience and capabilities.
All Products shall become the property of City irre spective of where located or stored, and Professional agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Professional's Services hereunder. Professional shall have no ownership interest in such Products.
All work product of Professional under this Agreeme nt, including written information which City will cause to be distributed for either intern al or public circulation, including both preliminary and final drafts, shall be delivered to City in bot h printed and electronic form, or as may be specified in Exhibit A .
When this Agreement is terminated, Professional agr ees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
20. Termination of Work by City for Its Convenience . City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional.
In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Professional shall deliver copies of all Produc ts prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement for convenien ce before City issues the Notice to Proceed to Professional or before Professional comm ences any Services hereunder, whichever last occurs, City shall not be obligated to make an y payment to Professional. If City terminates this Agreement after City has issued the Notice to Proceed to Professional and after Professional has commenced performance under this Agreement, Cit y shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be lia ble for Professional's actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information that, in the judgment of the City Manag er, is necessary to determine the reasonable value of the Services rendered by Professional prio r to termination. In the event of a dispute as to the reasonable value of the Services rendered by Professional prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance wit h the “Arbitration of Disputes” section of this Agreement.
(c) Except as provided in this Agreement, in no eve nt shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination.
21. Assurance of Performance . If, at any time, City believes Professional may n ot be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a wr itten request to Professional for written assurances of performance and a plan to correct obs erved deficiencies in Professional's
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performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
22. Cancellation for Breach by Either Party . Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving wr itten notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to substantially per form its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
Neither Party waives the right to recover damages a gainst the other for breach of this Agreement, including any amount necessary to compen sate City for all detriment proximately caused by Professional's failure to perform its obl igations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.
City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.
23. Non-Discrimination . In its performance of the Services, Professional shall adhere to City’s EEO Policy which states, “The City is commit ted to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with appl icable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub-contractors wi ll include language as required by the Office of Federal Contract Compliance Programs (OFC CP) that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.
24. Arbitration of Disputes . All claims, disputes, and other matters in question between City and Professional arising out of or relating to this Agreement or the breach thereof, including claims of Professional for extra compensation for Services related to the Project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, bu t not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Ag reement, matters involving defects in the work product of the Professional, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reaso nable time after the claim, dispute, or other matter in question has arisen, and in no event shal l it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitation.
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The Parties shall jointly appoint an arbitrator wit hin fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, t hen either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, ea ch Party shall be required to set forth in writing and to serve upon each other P arty a detailed statement of its contentions of fact and law.
(b) All parties to the arbitration shall be entitle d to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure.
(c) The arbitration shall be commenced and conducte d as expeditiously as possible consistent with affording reasonable discovery as provided herein.
(d) These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Par ties as determined by the arbitrator, but each Party shall bear its own attorney's fees associated with the dispute with the other Party and to the arbitration.
25. Insurance Coverage . During the Term, the Professional shall maintain in full force and effect policies of insurance set forth herein, whic h shall be placed with insurers with a current A M Best’s rating of no less than A VII and will prov ide City with written proof of said insurance.
Professional shall maintain coverage as follows:
25.1. General Liability . Professional shall carry general liability insurance in the amount of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance o r another form with a general aggregate limit is used, either the general aggregate limit shall a pply separately to this Project or the general aggregate shall be Four Million Dollars ($4,000,000).
25.2. Workers’ Compensation Insurance and Employer' s Liability . Professional shall carry workers’ compensation insurance as requ ired by the State of California under the Labor Code. Professional shall also carry employer’ s liability insurance in the amount of One Million Dollars ($1,000,000) per accident, with a O ne Million Dollars ($1,000,000) policy limit for bodily injury by disease, and a One Million Dollars ($1,000,000) limit for each employee’s bodily injury by disease.
25.3. Errors and Omissions Liability . Professional shall carry errors and omissions liability insurance in the amount of no less than T wo Million Dollars ($2,000,000) per claim or greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or
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eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employe es, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.
25.4. Commercial Automobile Liability . Professional shall carry commercial automobile liability insurance in the amount of Two Million Dollars ($2,000,000) or greater per occurrence for owned, leased, hired, and borrowed automobiles.
25.5. Waiver of Subrogation . With the exception of errors and omissions liabil ity insurance, Professional hereby agrees to waive subr ogation which any insurer of Professional may acquire from Professional by virtue of the paym ent of any loss. The commercial general liability policy and workers’ compensation policy s hall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Professional, its agents, employees, independent contractors, and subcontractors. Profes sional agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
26. Additional Insurance Requirements . Within five (5) days of the Effective Date, Professional shall provide City with certificates o f insurance for all of the policies required under this Agreement (“Certificates”), excluding the requ ired workers’ compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notify ing City if a policy is cancelled, suspended, reduced, or voided. With the exception of the worke rs’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional; (c) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection affo rded to City; (d) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self- insurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (e) contain standard se paration of insured provisions; and (f) state that any failure to comply with reporting or other provi sions of the policy including breaches of warranties shall not affect the coverage provided to City.
27. Indemnification by Professional . To the fullest extent permitted by law (including, without limitation, California Civil Code sections 2782 and 2782.8), Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its s ubcontractors), expense and liability of every kind, nature and description that arise out of, per tain to, or relate to acts or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representative or agent of Professional, or anyone that Professional contro ls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole ne gligence, active negligence, or willful misconduct of City or City’s Agents, but shall appl y to all other Liabilities. With respect to third party claims against the Professional, the Professi onal waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
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28. Liability of City . Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
29. Independent Contractor . At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly re sponsible for the manner in which Professional performs the Services required under t his Agreement. Professional shall be liable for its acts and omissions and those of its employe es, contractors, subcontractors, representatives, volunteers, and its agents. Nothin g contained herein shall be construed as creating an employment, agency or partnership relationship between City and Professional. City shall have the right to control Professional only i nsofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.
30. Professional Not Agent . Except as City may specify in writing, Profession al shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
31. Payment of Taxes and Other Expenses . Payment of any taxes, including California sales and use taxes, levied upon this Agreement, th e transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.
32. Notices . All notices shall be in writing and delivered in pe rson or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notice s or communications shall be given to the Parties at their addresses set forth below.
If to City: City of Turlock
Attn: City Manager
156 S. Broadway, Suite 230
Turlock, CA 95380
With courtesy copy to: City of Turlock
Attn: City Attorney
156 S. Broadway, Suite 240
Turlock, California 95380
If to Professional: Mark Thomas & Company, Inc.
Attn: John Collins, PE, MBA
701 University Avenue, Suite 200
Sacramento, CA 95825
Email: [email protected]
33. City Contract Administrator.
City’s contract administrator and contact person fo r this Agreement is:
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Fred Pezeshk, P.E.
Roads Program Manager
156 S. Broadway, Suite 150
Turlock, California 95380
Telephone: (209) 668-5520
Email: [email protected]
34. Interpretation. As used herein, any gender includes each other gend er, the singular includes the plural and vice versa.
35. Use of City Project Number . Professional or its subcontractors agree to use the aforementioned City project number on all maps, dra wings, submittals, billing, and written correspondence that involve City staff or contracte d consultants. Nothing in this Section shall preclude Professional or its subcontractors from us ing their own project numbers for their own internal use.
36. Modification . No alteration, amendment, modification, or termin ation of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.
37. Waiver . No covenant, term, or condition or the breach the reof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall no t be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
38. Assignment . No Party to this Agreement shall assign, transfer , or otherwise dispose of this Agreement, in whole or in part, to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
39. Authority . All Parties to this Agreement warrant and represe nt that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms r epresented or purported to be represented by such entities, persons, states or firms and that al l former requirements necessary or required by state or federal law in order to enter into the Agr eement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Pa rty is obligated, which such breach would have a material effect hereon.
40. Drafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advi ce of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be res olved against the drafting Party does not apply in interpreting this Agreement.
41. Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the state of California.
42. Venue . Venue for all legal proceedings shall be in the Sup erior Court of the State of California, in and for the County of Stanislaus.
CITY CONTRACT NO. 2022-89
43. Severability . If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically t erminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreemen t is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions sh all continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
44. Counterparts . This Agreement may be executed simultaneously, an d in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
45. Audit . City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel n ecessary to audit and verify Professional’s charges to City under this Agreement.
46. Entire Agreement. This Agreement, together with its specific referen ces, attachments, and exhibits, constitutes the entire agreement of t he Parties with respect to the subject matters hereof and supersedes any and all prior negotiation s, understanding, and agreements with respect hereto, whether oral or written.
47. Supersedes Prior Agreement . It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties wi th respect to the subject matter of this Agreement.
48. Mandatory and Permissive . “Shall” and “will” and “agrees” are mandatory. “M ay” and “can” are permissive.
49. Successors and Assigns . All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
50. Headings . Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
51. Attorney’s Fees and Costs . If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement , including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in additi on to any other relief to which such Party may be entitled.
52. Necessary Acts and Further Assurances . The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriat e to evidence or carry out the intent and purposes of this Agreement.
53. Time is of the Essence . Time is of the essence in this Agreement for each covenant and term of a condition herein.
CITY CONTRACT NO. 2022-89
IN WITNESS WHEREOF , the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.
PROFESSIONAL
Mark Thomas & Company, Inc., a
California corporation
By:
Matthew Robert Brogan, Vice President
Date
CITY
City of Turlock, a California
municipal corporation
By:
Reagan M. Wilson, City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Katie Quintero,
Director of Development Services
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Julie Christel, City Clerk
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
SCOPE OF SERVICES
PROJECT UNDERSTANDING
The project consists of fifteen street sections that are currently under design by Michael Baker International (MBI).
The City anticipates separating the fifteen street sections into two construction contracts; one contract for Wayside Drive and Fosberg Road, and the other for the remaining thirteen street sections. The project is currently in the design phase, with MBI evaluating the existing infrastructure, collecting data by means of LiDAR, laser, and optical methods (LCMS) to identify the street sections that could be rehabilitated simply by cold-planing (milling) and overlay.
The project is locally funded through two measures, Stanislaus County passed Measure L, a ½ cent sales tax measure specifically for rehabilitation of roads and the State of California implemented funding to California agencies for SB1 and Measure L, which provide for annual maintenance activities totaling approximately $4,900,000 after expenses for road rehabilitation projects. In addition, the City passed Measure A, a ¾ cent sales tax measure for general City services.
It is anticipated that the pavement rehabilitation methods will vary depending on the individual road conditions, however based on MBI’s assessment, we understand that street sections with cold-planing (milling) and overlay were prioritized, however crack seal, slurry seal, micro-surfacing, cape seal, multilayer treatment, thin lift asphalt overlays, cold in-place recycling (CIR), full depth reclamation (FDR), and total reconstruction, could also be part of the rehabilitation, especially Wayside Drive and Fosberg Road which will require total pavement reconstruction due to their severely deteriorated conditions.
Additionally, the existing curb ramps on each street will need to be evaluated for compliance with ADA requirements with non-compliant ramps being replaced, and new ramps will be constructed where required. We further anticipate that the design that MBI is developing, which is anticipated to be completed by late June 2022, will consider curb and gutter replacement to correct drainage issues and will identify street lighting deficiencies for the City’s consideration.
The total construction cost is roughly estimated to range between $12 million and $14 million. The City anticipates advertising for both projects for construction, in late fall of 2022, and for construction to begin in 2023.
EXHIBIT A
Attachment E
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
TECHNICAL APPROACH
Mark Thomas can assist the City in a variety of ways to help deliver a successful project. We can provide construction management services, inspection services, preconstruction and bidding support, public outreach, labor compliance, and materials testing services. We can provide a Resident Engineer to provide preconstruction services and construction management, while working with City staff on the other project aspects, or at the discretion of the City, we can provide a full-service team to oversee it from beginning to end. We are flexible and understand the City’s needs and resources and can scale our team as needed to support the City.
We also have a team depth to assign multiple resident engineers, construction inspectors, and material testers to supplement our primary team, if necessary to scale with an expedited timeframe or accelerate the contractor’s production (i.e., working at multiple locations and/or separate day and night crews).
PRE-CONSTRUCTION SERVICES
The team that Mark Thomas is proposing has
design and construction experience (worked both
as design engineers and as resident engineers
during construction). We are able to apply
that experience to the constructability reviews
and specification development. We have also
helped local agencies during the bid process by
pre-qualifying contractors, verifying necessary
permits, and notifications (especially important
if the project includes utility coordination). Our
team can produce legal descriptions, appraisal
maps, and right of way maps necessary for any
fee takes or temporary construction easements.
We can prepare specifications and special
provisions based on the City’s standard drawings,
AASHTO “Greenbook” or Caltrans standard
specifications, and other related agency standards
if required. We can prepare construction cost
estimates and compute bid item quantities.
We can help prepare bid documents, respond
to questions from bidders and maintain a log of
the questions and our responses. We can pre-
bid meeting agendas and attend the meeting
and other site walks, as necessary. We can also
analyze the submitted bids to support an award
recommendation.
Cost control can be a challenge on any pavement
rehabilitation project, so it is important to us to
discuss with the City their priorities in order to
better understand the City’s budget constraints
and priorities, so we can help stretch the budget
as far as possible and set working limits to avoid
unnecessary cost overruns.
GRANT FUNDING
We can propose ways to maximize the City’s funding by
identifying good candidates within the project limits for grant funds. We have experience as grant writers and
we can assist the City in developing grants to stretch the City’s resources. For example, during our recent project walk, we observed a mid-block crossing on Delbon Ave.,
in front of the Emanuel Medical Center, that could be
a candidate for Highway Safety Improvement Program
(HSIP) funding.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
CONSTRUCTION SERVICES
In our experience, pavement rehabilitation projects involve several challenges, including:
Communication
We understand the importance of public outreach and early coordination with the City, local businesses, the traveling public, transit, and other stakeholders to ensure project success and timely completion. We previously employed this strategy on prior projects, including the SR 99/Fulkerth Road Interchange Improvements project with the City. T ransparency, Accountability and Ownership are three of our company’s core values, and we believe that it is imperative that we are open, clear, and concise in our communications, that we honor and meet our commitments, and that we stand behind our work and not deflect responsibility. We will be available to you throughout the duration of the project; you will not need to question how work is progressing because we will keep the City informed throughout the project lifespan.
We understand the potential impacts to traffic created by pavement rehabilitation projects, such as this one, and we will reach-out to the traveling public to advise them of the construction activities. This is the reason we believe that communication with the City, the traveling public and local residents will be an important part of the delivery of this project. Good communication is a sign of respect; our Company’s core values of Respect and Fairness, T ransparency, Accountability and Ownership direct that we are open, clear, and concise in our communications, that we honor and meet our commitments, and that we stand behind our work and not deflect responsibility. We believe that these values match our commitment to be responsible, accessible, and timely to City staff. In addition, members of our project team also have local agency experience giving them a unique perspective of working with the local community and have experienced working with consultants with good and bad communication habits.
We will consult with the City on a strategy and then take the lead on public outreach. We recently utilized this approach with another local agency in the City of Norwalk where we met with the City before the preconstruction meeting to establish on a strategy for public outreach and then helped implement that strategy in an effort to provide good communication with the public during construction and mitigate potential concerns. We also regularly met with the City, and the contractor, during construction about the outreach strategy to keep everyone together. This helped maintain consistent and accurate messaging with the public. We will propose a similar approach with the City of T urlock for this project, establish a public outreach strategy early that addresses the City’s priorities and is consistent with their messaging and then work to deliver on that strategy throughout the project lifespan. We also included Port City as an optional subconsultant to expand the public outreach program, if desired.
Signage & Notifications
We will propose specification clauses during our constructability reviews to require the contractor to follow the public outreach strategy, like including requirements that the contractor provide messaging signage (PCMS or project signs) to help inform the community ahead of the construction and include contact information on all notification materials that are delivered to the businesses, schools and traveling public, so that the public can inquire about construction issues or concerns. We will propose requirements that obligate the contractor to submit notifications for review seven (7) working days prior to the start of work (one week prior to distribution) and hand deliver approved notices to all residences and affected parties within a 200-foot radius of the project limits at least two (2) working days prior to beginning work. These requirements will help express to the community that the City and Mark Thomas consider them a priority.
Working Hours
We will propose that the City include strict working hours in the construction specification to limit work in residential areas to a predetermined working hour window on weekdays, with no weekend or night work permitted, unless the contractor requests and receives approval in advance from the City. These limits on the working hours will reinforce the messaging (it can be very confusing to the public to see work taking place at all hours), instead we want to organize the work in an orderly manner to demonstrate to the public that the project is being well-managed. This will help to mitigate potential complaints and help to minimize disruptions to the traveling public (the public can avoid areas where work is planned to take place). We will propose other clauses, learned from our experience working with other local agencies on prior pavement rehabilitation projects, like requiring contingency plans from the contractor in advance of critical work to avoid having to work outside of the working hours or cause delay to reopening roadways.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
At the preconstruction meeting, we will advise the contractor of the work hours and other requirements, including our expectations and the consequences for noncompliance as outlined in the specifications. We will also discuss the order of work, construction schedule, traffic control requirements (including Section 7 of the Caltrans Standard Specifications), Water Pollution Control Plan, and necessary permits.
During construction, we will use these clauses to enforce the project requirements. We understand the importance of maintaining a schedule, and we will enforce the working day duration with the contractor and hold them accountable for staying within the set working hours. We are also proactive, so we will work with the contractor to inform the local residents of the planned activities and we will restrict the contractor’s work to within the set working hours to reduce impacts to the public during construction. We will help the Contractor avoid penalties (the specification clauses we will propose during the constructability reviews will state the requirements and identify a fine or fee for non-compliance) by requiring a detailed construction schedule and progress updates (including lookahead schedules), traffic control and pedestrian access plans, and request the contractor prepare contingency plans ahead of critical work to avoid situations that may cause delays to the reopening of the roadway. On prior projects, such as most recently for the City of Roseville, we used this approach.
On that project, the Contractor was required to reopen critical roadways before a daily surge from commuter traffic, if the Contractor did not reopen in-time the specifications included a penalty for each time block that lapsed.
Traffic Handling
Heavier traffic volumes on roadways, like East Avenue, will require specific traffic handling plans and traffic controls to ensure that disruptions to the traveling public are
minimized. The variable width along East Avenue will also be a challenge, so we will want to initiate discussions with the City and design team as soon as possible.
During construction, we will inspect the contractor’s traffic controls and be proactive in monitoring the effectiveness of the controls, and where necessary make changes. At
the end of each shift, we will verify that the closures are picked-up on-time and the work area is kept clean. We will discuss changes to the traffic controls with the City and/ City departments.
Transit
We further understand that the project limits encompass multiple business, transit stops, so coordination with each will be needed. In addition, other activity centers could be impacted so we will reach-out to them to coordinate
the construction and coordinate with the local transit
and emergency services to avoid conflicts. On the recent Fulkerth Road/HWY 99 interchange improvements project,
we regularly coordinated with the City’s Inspector, Jim Gillenwater, and the City‘s T ransit Manager, Wayne York, and others (including the utilizing the City’s * notification) to ensure that other departments were kept aware of the construction progress and potential traffic impacts.
Variable roadway width on East Avenue
Bus stops will require careful coordination
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
Working with the Contractor
We understand the importance of early coordination with the contractor, City, and local residents to ensure project success and timely completion. We have learned from prior experience that working with the contractor is one of the keys to a project’s success. Our experience helps to qualify us to work with the City to manage the contractor pre-
qualification process, in compliance with the DIR guidelines.
After the award, we will work with the contractor on
notification matters to ensure that the contractor delivers the notices to the local residents, including the Notice to Residents. We will also require the contractor to provide notice for traffic delays and alternate routes, driveway closures, and utility adjustments.
We prefer to include our contact information, along with the contractors’ on all notification materials to help express to the community that the City and Mark Thomas consider them a priority. In the event we are contacted by the City or a local resident with a concern, we will make efforts to resolve it in a timely manner. We have successfully utilized this approach on prior projects. On a recent project for Napa County (Imola Pocket Paving and ADA Curb Ramps),
we included our contact on all of the notices delivered to residents so that they could contact us first about
construction concerns. This helped to alleviate pressure on the City’s staff to respond. We have previously worked with a variety of local agencies on messaging and public outreach, and we believe we can be a resource in this
regard for the Roads program on this project.
Existing conditions on East Avenue
Existing conditions on East Avenue
COST CONTROLS
Without controls and careful monitoring of the work, the costs on a project can grow. However, as part of our proactive approach, we will take before and during construction photos, verify the limits of the repairs and confirm those limits with the contractor to avert an increase in the measure-in-place payable quantities. We will also perform field measurements to verify the quantities and document it on Caltrans Quantity sheets to use as support in the contractor’s pay requests. We have worked on a number of projects where cost and schedule have been controlled positively by these means.
For example, on a project for the City of Manteca, Main Street Pavement Rehabilitation, we discovered that 21 curb ramps within the project limits were not ADA compliant. The City’s designer generated a design change in the magnitude of $1.3 million to correct the non-compliance however Mark Thomas performed a constructability review before the change order was issued and proposed a less expensive solution. By field measuring each existing curb ramp and sidewalk, we were able to show that much of the existing ramps and sidewalk were in-fact ADA compliant and were able to reduce the change order to approximately $385,000, saving the City roughly $900,000 in the process. While we do not expect to find that condition on this project, we did observe conditions during our site walk that would warrant careful review before the design plans are completed.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
TECHNICAL CHALLENGES
In addition to the public outreach and traffic management, there are also other challenges that must be addressed:
PAVEMENT REHABILITATION
It is important that the construction inspector be present while the work is being performed to ensure that the structural section is repaired before the paving proceeds. Also, it is possible during the dig-out repairs to encounter an inadequate structural section or weak pavement layer. If this occurs, the construction inspector will need to immediately alert the RE, who will discuss changes in the work with the City to keep the process moving ahead. However, we believe that it is equally important to prepare for such an occasion ahead of time. We will take preconstruction photos and inspect the locations before the contractor begins work in an effort to anticipate potential changes or differing conditions. On prior projects for the City of Manteca and the City of Norwalk we successfully used this approach to head-off potential design related delays.
In addition, we will address potential discrepancies during the constructability reviews, as it is our practice to inspect the areas early to note changed conditions. This way they can be addressed without delay to the schedule, and we can avoid potential delay claims.
During our recent project walk, we observed conditions on several roads, including on 20th Century Boulevard, Flower St.
Park St. and Julian St., where the existing storm drain system was shallow (the top of the storm drainpipe as measured in the drainage inlets was between 8-inches to 16-inches below the flowline). We will collect information like this during our preconstruction inspection to use while performing our constructability reviews of the design plans.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
We also observed non-standard features, non-conforming driveway approaches, and drainage issues. These too would be noted during our preconstruction inspection to use while performing any constructability reviews of the design plans.
Also, if the improvements need to extend onto a resident’s property or beyond the City ROW, we will want to be aware of this as early as possible to preserve response options. Communication with the residents and/or right of entry agreements could require additional time.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
ADA COMPLIANCE
Our team understands the stringent tolerances and
requirements for ADA compliance. We will review the
plans and compare the construction details to the field conditions and take action to address any differences
that could affect the construction. This is an approach we utilized recently in both the City of Manteca and the City of Norwalk, where field conditions differed from the design consultant’s construction plans.
We will perform preconstruction surveys to ensure that
the required widths and grades can be achieved within the existing field conditions. During construction we will place extra emphasis on ADA compliance, and we will check
of the layout with the contractor to verify the grades will accommodate the finished slope requirements. Finally,
we will take measurements of all of the curb ramps, using our inspection form (based on the Caltrans guidelines)
to verify compliance with the ADA requirements prior to acceptance.
We understand the strict ADA requirements. As part of our inspection process, we will document our measurements
and deliver a copy of each to the City to maintain in their database. This way the City has a record of each curb
ramp. We recently measured 165 curb ramps and provided
the City of Norwalk with documentation on each to certify that they met ADA requirements.
SITE CONSTRAINTS
Other logistical issues, such as overhead communication and power lines. Along many of the roads, there are
overhead lines with lower drops into individual properties that must be protected. We will work with the Contractor to ensure that these lines are identified to avoid being struck during any grinding operations (the height of the milling machine discharge belt may conflict with low hanging
wires).
Additionally, on-street parking is a necessity for residents.
Therefore, early notification of temporary parking
restrictions is a critical part of a pavement rehabilitation project. On prior projects, we have successfully maintained a map-based schedule to inform the public of when
to expect parking restrictions on their street. Placing visible and easy to read “No Parking” signs that included enforcement dates and times several days in advance is
also a critical aspect of communication and enforcement.
We anticipate concerns from the City and the public about traffic impacts, temporary loss of parking, driveway access, especially when working directly in front of a business or residence. Again, in our experience early communication helps to ease concerns.
SIGNAL MODIFICATION
Another logistical issue is the traffic signal loops
modifications, for which we have an internal electrical inspector on our team. We will take a dual approach of
working with the City’s traffic consultant, St. Francis Electric to coordinate the signal operation during the pavement
rehabilitation work, while utilizing our electrical inspector’s expertise. Steve previously worked for the City of Roseville as a signal tech and brings that knowledge to the project.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
SCOPE OF WORK
Mark Thomas will play an active role in the management of the project to maintain the project schedule and budget and to protect the City against defects and deficiencies on the part of the Contractor.
Services provided during construction will, in general, consist of project management, construction contract administration, construction inspection, and materials testing including source inspection, as required. In doing so, the Consultant will serve as the focal point for coordination between the Contractor, the City, the Design Consultant, regulatory agencies, and utility companies. Other tasks to accomplish this include the following:
TASK 1 – PRE-CONSTRUCTION SERVICES
Review project plans, specifications, reports and permits and provide a list of items to the City on potential conflicts, constructability issues, value-engineering opportunities, and consistency between the plans, specifications, and
estimates.
» Constructability review of the contract plans,
specifications, reports, permits and agreements.
Reviews are anticipated at 65% and 100% design
completion stages.
» Contractor Pre-qualification: Manage the contractor
pre-qualification process, as necessary, in order to
expedite the construction phase. Pre-qualification
process shall comply with the Department of Industrial
Relation’s guidelines.
» File Review: Review project files, including existing plans, quantity calculations, geotechnical reports, pavement
design, etc.
» Set up a filing system for the project in our Virtual Project Manager (VPM) software project management
system.
» Arrange, prepare agenda, and attend pre-construction
meeting.
» Prepare a project schedule including all notification timelines noted on all permits, agreements, and
contract documents. Upon receipt of the contractor’s
schedule, evaluate and confer with the City regarding
workability of their schedule or suggest changes that
may improve the schedule.
» Develop, and maintain during the construction
phase, a construction draw schedule based on the
contractor’s construction schedule and forecast cash
flow requirements.
TASK 2 – CONSTRUCTION MANAGEMENT
SERVICES DURING CONSTRUCTION
Provide a full-time Resident Engineer to provide
construction management services for the project.
Construction management team will utilize our Virtual
Project Manager (VPM) software program to manage
the project, maintain construction documents, update
the City with project status, CCOs, RFIs, monthly progress payments.
Responsibilities include but are not limited to:
» Project Coordination and Correspondence
– Coordinate with the City and other local agencies as
required.
– Provide monthly updates on construction progress
that include schedule status and anticipated
completion, progress of work, key issues, anticipated
impacts to residents and traveling public along with
progress of work pictures, in a memo that can be
shared with the City and City Council.
– Provide monthly updates on construction progress
that include schedule status and anticipated
completion, progress of work, key issues, resolved
and unresolved potential change orders (PCO’s), and
budget status projections.
– Review the Contractors As-Built set of plans monthly. – Arrange and attend weekly, or as necessary,
construction contract coordination meetings with
the City and the Contractor. Regularly schedule,
and conduct, coordination and status meetings to
review project status and budget; facilitate decision
making; and discuss issues that have the potential
of adversely affecting the project budget, schedule,
or product. Prepare meeting agenda in consultation
with City Engineer, distribute agenda prior to
meeting, arrange for appropriate participants to
attend, and distribute meeting notes for regular
project status meetings and public meetings.
– Ensure that the construction of the project is
properly coordinated with all stakeholders, including
businesses, homeowners, schools, churches, and
community members.
– Receive and respond to public inquiries, concerns
and complaints regarding the construction activities.
» Perform labor compliance tasks, including verifying
certified payrolls, subcontractor and apprentice
utilization, and labor interviews.
» Follow Project Specifications, the City’s Quality
Assurance Program (QAP) or the Caltrans Specifications. » Facilitate the City in obtaining any necessary permits for the implementation of this project.
» Implement and maintain quality control procedures to
manage conflicts, ensure product accuracy, and identify
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
critical reviews and milestones.
» Utility Coordination: Coordinate with the appropriate utility companies for work that affects each utility.
» T raffic Control: Review and make recommendations
regarding all traffic control proposals, any impacts
on local businesses, pedestrians, and motorists.
Inspect Contractor’s traffic control measures to ensure compliance with specifications and the California
Manual on Uniform T raffic Control Devices (CA MUTCD).
» Submittal Review:
– Review and respond to submittals by the contractor
with minimal assistance from the Design Engineer.
» Requests for Information (RFI):
– Review and monitor Requests for Information (RFI)
from Contractor.
– Review and track responses to RFI related to
construction issues.
– Review design related RFI to Design Engineer and
copy the City.
– Arrange and attend meetings with the City, Design
Engineer, Contractor, and other parties, as needed,
to discuss and resolve RFI.
» Schedule Management:
– Review planned schedule for conformance with
the specifications and for reasonableness of the
sequence and duration of the activities.
– Review work progress as compared to the planned
schedule and inform the City of schedule slippage.
Analyze schedule to determine impact of weather
and change orders.
– Obtain from Contractor updates of construction
schedule incorporating actual progress, weather
delays and change order impacts.
– Prepare and submit a weekly statement of working
days report to the Contractor.
» Monitor and analyze project expenditures, track earned value, forecast project costs, and develop strategies to keep project within budget.
» Payment Recommendations:
– Review the contractor’s initial schedule of values for reasonableness and ease of monitoring.
– Review quantities submitted with monthly progress
payment requests, analyze differences in requested
quantities compared to measured quantities, and
submit quantity sheets for each bid item being
considered for payment in each monthly progress
payment.
» Change Orders:
– Review all change orders related to construction
issues based on drawings, specifications, and other
design information.
– Perform change order analysis, including reviewing
logs of proposed change orders, change order
quotations from the contractor, negotiated change
order costs, time extensions, processing final
negotiated change orders, and effect of approved
change orders in progress payment breakdowns.
– Assist the Design Engineer as necessary in preparing
recommendations to accompany change order
documents and forward to the City for review and
approval.
– Assist Project Manager in drafting the Contract
Change Orders and an internal Justification Memo.
» Changes and Potential Claim Management:
– Review additional compensation claims that are
submitted during the construction period and
prepare responses.
– Assist with potential claims administration, including coordinating and monitoring of claims response
preparation, logging of claims, and tracking of claims
status.
TASK 3 – CONSTRUCTION INSPECTION
SERVICES
Provide full-time inspector(s) for the project during
construction. Responsibilities include but are not limited to:
» Provide day-to-day on-the-job observation/inspection
of work. Inspector shall make reasonable efforts to
guard the City against defects and deficiencies in the
work of the Contractor and to ensure provisions of the
contract documents are being fulfilled; prepare daily
inspection reports documenting observed construction
activities and file them electronically; take progress
photographs, label and file them in electronic format;
review contractor record drawing markups; prepare list
of remaining work (punch list) and verify completion
of punch list items; coordinate with the City for final inspection; and assist with other matters relating to
construction of the project.
» Inspect the work during construction for compliance
with the contract plans and specifications. Document
inspections performed and complete curb ramp ADA
compliance inspection forms for each curb ramp that is
improved.
» Survey Verification: Inspect Contractor’s surveying and staking.
» Safety: Conduct and document project safety meetings
in accordance with the project requirements. Report
all accidents, including property damage, and notify
proper authorities. Document all incidents with
photographs and written reports. Enforce applicable
Federal and State regulations for occupational safety
and health standards for all construction activities.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
» Environmental and Stormwater: Inspect the Contractor’s operations for conformance with the environmental
documents that apply. It is anticipated that a Categorical Exemption will be prepared for this project pursuant to the California Environmental Quality Act (CEQA). Review contractor’s Erosion and Sediment Control Plan (ESCP)
or Stormwater Pollution Prevention Plan (SWPPP).
» Coordinate and keep the City informed of progress
of work (including coordination with other City
departments, Emergency Services, etc.)
» Assist the City with monthly progress payment
recommendations by making measurements of bid
items on the project cost breakdown, checking the
percent complete in the field, and assisting with
Contractor meetings to resolve any differences in
percent complete or quantities. Prepare and submit
monthly quantity sheets for each bid item included in
the progress payment that identify the locations and the measured quantities. Provide additional sketches, tables, etc., as needed to verify the measured quantities.
» Issue code violation and non-conformance notices to
the Contractor as appropriate.
» Schedule and Coordinate material sampling and testing services as required per the Project Specifications, the City’s Quality Assurance Program (QAP) or the Caltrans
Specifications.
– Coordinate and verify source inspection and material
approval documentation for all source inspections.
– Material sampling and testing services are to be
provided by Kleinfelder
» Equip inspectors to work remotely, including a field
office and administrative space, with all associated
amenities.
TASK 4 – POST CONSTRUCTION SERVICES
(CLOSE OUT/POTENTIAL CLAIMS)
The post construction services task includes assistance with project closeout after issuance of substantial completion notice to the contractor. This task includes documentation and preparation of punch list items of remaining work,
inspection of punch list, preparation of record drawings, preparation of progress and final payment requests,
preparation of all remaining contract change orders,
assistance with preparation and review of proposed global settlements, assistance with dispute resolutions, and
assistance with preparation of responses to potential claims and attendance in pre-mediation meetings with the City
Attorney’s Office representative. Mark Thomas will assist the City with preparation of any appropriate documents
required for final report for project acceptance by the City.
Additional post-construction services:
» Verify, document and prepare a list of remaining work (punch list) and present it to the Contractor, verify that the remaining work is completed by the contractor.
Review the record (As-Built) drawings submitted
by the contractor and either have the Contractor
make corrections or amend the As-Built drawings to
incorporate all known changes not incorporated into
the As-Built drawings by the contractor.
» Verify quantities and prepare the final progress and final payment requests.
» Submit all project record files to the City by uploading all final documents onto the City’s project filing system (Virtual Project Manager (VPM) software).
» Provide confirmation or recommendation for resolution of all remaining potential change orders (PCO’s) and
potential claims (PC’s) submitted by the contractor for additional costs and time.
» Provide recommendation, upon request from the City,
for a global settlement of all unresolved PCO’s and PC’s. » Upon request, participate in meetings and provide
recommendations to the City and the City Attorney’s
Office in regard to unresolved PCO’s and PC’s.
» Provide As-Built pictures, statistics and graphics needed for City report of acceptance.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
ORGANIZATIONAL
CHART
Our team consists of highly qualified
individuals that have experience
working with local agencies to
provide construction management,
oversight and inspection, materials
testing, and other construction
management support services during
construction. Mark Thomas has
chosen a project team that provides
comprehensive experience for
construction management projects
similar to the City’s. Below we have
included brief qualifications for our
team specifically chosen to provide
the specialized services and familiarity
with the City. Full resumes which
further describes their experience
relevant to this project can be found
in the Appendix.
The Mark Thomas team’s internal staff
meet the City’s required experience.
Our team will be led by John
Collins, PE, QSD as Project
Manager and Taylor Loyd, PE as
Resident Engineer.
PRINCIPAL IN CHARGE
Matt Brogan, PE
PROJECT MANAGER
John Collins, PE, QSD
PROJECT STAFF
Mike Saas
Kim Lincoln
BJ Drye, EIT
Andy Naylor
City of Turlock Staff
CONSTRUCTION INSPECTOR
Steve Seaton
ELECTRICAL INSPECTOR
Cindy Maher
OFFICE ENGINEER
Robert Hill (Kleinfelder)
MATERIALS TESTING
CITY OF TURLOCK
Fred Pezeshk, PE
RESIDENT ENGINEER
Taylor Loyd, PE
ADDITIONAL RESOURCES (IF NEEDED)
Raul Cervantes
PROGRAM ASSISTANCE
Ryan Bissegger
GRANT WRITING
Port City
PUBLIC OUTREACH
Key Staff
Mike Saas, Kim Lincoln, BJ Drye, Andy Naylor, and Steve Seaton will serve as Construction Inspectors and Cindy Maher is our Office Engineer. Kleinfelder will provide Materials T esting. Our team is cross-trained, with individuals that worked previously in design and construction. The relationships and knowledge gained through our design work is applied to our construction management services to provide for successful projects.
Mark Thomas is knowledgeable of the Caltrans LAPM and Caltrans Construction Manual. We are experienced administering construction projects following Chapters 15, 16, and 17 of the LAPM. Specifically, Chapter 16 “ Administer Construction Contracts” provides the standard policies and procedures that are required for administering federally funded projects, including advertising & bidding, project supervision & inspection, document control, labor compliance, quality assurance testing, environmental compliance, and project closeout procedures.
A Stockton resident,
Taylor lives a short drive
from the City, ensuring
he can be on-site with
ease and on short
notice.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
MEET OUR PROJECT MANAGER
John Collins brings decades of experience partnering with local agencies to construct much-needed capital improvement projects. He has served as project manager and resident engineer during construction for numerous projects, including local roadway improvements, pavement rehabilitation, safety improvements, and Caltrans facilities.
He will lead the team as project manager. He will follow up regularly to check on progress, resolve issues and maintain schedule and budget. John will facilitate communication to make sure everyone understands the task goals and requirements.
John will keep the City informed of progress, milestones, and any decisions needed that require City input.
MEET OUR RESIDENT ENGINEER
T aylor Loyd has more than 19 years of experience in design and construction and has experience with different project types including local roadway improvements, pavement rehabilitation, safety improvements, and Caltrans facilities. He recently worked with the City of T urlock on the Fulkerth Road/HWY 99 interchange improvements project.
T aylor will keep the City informed of progress, milestones, and any decisions needed that require City input and will be responsive and accessible to City staff. T aylor will function as the primary conduit for daily operations to include inspection, coordination, reporting, and testing, and coordinate the SWPPP/WPCP development, daily project inspection, materials testing and overall quality assurance/quality control, and act as a liaison with local residents to address their needs (or elevate their concerns to the City).
He will coordinate utility work, issue field directives and correction notices, evaluate contractor’s change order requests and potential claims, and prepare and track contract change orders (CCOs).
He will coordinate with the designer on significant plan revisions, track Time & Material (T&M) work for accuracy, coordinate and facilitate/run weekly project meetings, attend meetings as a City representative, track, review and respond to submittals and Request for Information (RFIs), monitor the contractor’s progress against the Project Schedule, verify compliance with Water Pollution Control Plan, report State required violations, prepare weekly statement of working days (WSWDs), review certified payroll reports, generate a punch-list, and review and comment on final Record Drawings (As-Built plans).
Taylor worked with
the City as the Lead
Assistant Resident
Engineer to deliver
the SR 99/Fulkerth
Interchange
Improvement
project.
VALUE-ADDED SERVICES
We included Raul Cervantes and Ryan Bissegger to provide additional support to the City, if needed.
Raul managed the City of Roseville’s pavement management program for many years, and can provide guidance and implementation support. Ryan is an experienced grant strategist and writer, if the City would like to pursue additional funding for the project.
We also included Port City, as an optional subconsultant, if a more robust public outreach program is needed.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
Page A-1
JOHN COLLINS, PE, QSD
PROJECT MANAGER
EDUCATION
MBA in Business Administration
BS in Civil Engineering
REGISTRATION
CA C47162
CA QSD
John has over 35 years of experience in civil engineering and project management. His experience includes construction management, inspection, surveying, civil design, and resident engineering. John has extensive experience working on Caltrans projects. For years, he managed the Caltrans On Call Construction Administration Services contract for District 4.
He was also employed by Caltrans as a Resident Engineer for nine years. He has unparalleled experience and knowledge of the Caltrans Construction Administration process. He has also managed many on-call construction management and inspection contracts for different agencies.
John will lead the team as project manager. He will follow up regularly to check on progress, resolve issues and maintain schedule and budget. He will facilitate communication to make sure everyone understands the task goals and requirements. John will keep the City informed of progress, milestones, and any decisions needed that require City input.
REPRESENTATIVE PROJECTS
STATE ROUTE 99/FULKERTH ROAD WIDENING ,
TURLOCK
Project manager for the construction management of
this interchange modification project. The project is
widening and realigning the freeway on- and off-ramps,
constructing retaining walls, drainage improvements, and utility installations. Responsibilities involved for overall project coordination, budget control, providing proper
staffing levels, and ensuring the quality of construction management services.
IMOLA PAVING AND ADA RAMPS, NAPA COUNTY
Project manager for providing final design and
construction inspection services for the Imola Pocket
Paving project. The project includes grind and overlay of the existing pavement with spot dig-out locations and
reconstructing 21 curb ramps to meet ADA compliance
along 14 streets. Services include construction inspection, monitoring contractor’s schedule, verifying quantities for progress pavements, and coordinating materials testing.
I-80/NORTH TEXAS STREET OVERCROSSING AND
INTERCHANGE, FAIRFIELD
Project manager for the construction management of
this interchange modification project. Responsibilities involved for overall project coordination, budget control, providing proper staffing levels, and ensuring the quality of construction management services.
EAST BLITHEDALE AVENUE IMPROVEMENTS, DESIGN
PHASE, MILL VALLEY
Construction manager for improvements on East Blithedale Avenue in the City of Mill Valley. Design elements
include the use of roundabouts, upgrades to existing
signal infrastructure, widening existing bikeways, and
improvements to pedestrian crossing paths along the
corridor.
YEARLY STREET REHABILITATION PROGRAM, MILL
VALLEY
Program manager responsible for team management
and oversight of this annual street rehabilitation program in the City of Mill Valley. The program included replacing and upgrading curb ramps, base repairs, repaving
and replacing traffic striping and numerous locations
throughout Mill Valley.
DOWNTOWN REDEVELOPMENT PROGRAM,
PETALUMA
Program manager responsible for team management
and oversight of this redevelopment program for the
downtown area of the City of Petaluma. This program
includes transportation development to increase density and to reduce barriers to the use of alternative modes of transportation increases the use of alternative modes of transportation.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
Page A-2
TAYLOR LOYD, PE
RESIDENT ENGINEER
EDUCATION
BS in Civil Engineering
REGISTRATION
CA C89766
T aylor has more than 16 years of construction and inspection, and engineering design experience for public works projects.
His experience includes Caltrans interchanges, bridge replacements, local roadway improvements, active transportation facilities, and utilities. He worked with contractors, designers, stakeholders, and owners throughout construction, with a focus on compliance to contract documents. This involved performing constructability reviews, inspection, site logistics, maintaining operations, and traffic control. Since joining Mark Thomas, T aylor has performed design and construction management services for highway and local roadway improvements.
As the Resident Engineer for this project, he will work closely with the City, the Contractor, and the CM team to ensure that the project is in adherence with the Caltrans Local Assistance Program and Construction Manuals and other applicable codes and standards.
REPRESENTATIVE PROJECTS
SR 99/FULKERTH ROAD WIDENING, TURLOCK
Lead assistant resident engineer for the SR 99/Fulkerth Interchange improvement project. The project is widening and realigning the freeway on- and off-ramps, constructing retaining walls, drainage improvements, and utility
installations.
CITY OF NORWALK CONSTRUCTION MANAGEMENT
AND INSPECTION SERVICES, NORWALK
Resident engineer responsible for on-site inspection in the geographic zone bounded by Excelsior Drive to the north, Pioneer Boulevard to the east, Gridley Road to the west and Alondra Boulevard to the south. The project includes concrete improvements to the curb and gutter, cross gutter spandrel, curb ramps, sidewalk, driveway approach repair and replacement, and concrete alley paving at Alondra
Boulevard, Excelsior Drive, and Pioneer Boulevard.
BERRY STREET BRIDGE REPLACEMENT, CALISTOGA
Assistant resident engineer and lead construction inspector for this HBP funded bridge replacement over the Napa
River. The new structure is an 80-foot long bridge that is a precast prestressed voided slab designed to have the
shallowest deck profile possible and avoid conflicts with the 100-year water surface elevation. Responsible for providing daily field inspection service and daily reports, SWPPP inspection, contractor coordination, and CCO review.
YOSEMITE AVENUE IMPROVEMENTS - MAIN STREET
TO COTTAGE AVE, MANTECA
Construction inspector for the reconstruction and
resurfacing of approximately one mile of Yosemite Avenue, from Main Street to Cottage Avenue. The project included Full Depth Reclamation (FDR) of the existing pavement
from Main Street to Powers Avenue and an asphalt rubber cape seal from Powers Avenue to Cottage Avenue. Along
with reconstructing the existing pavement in the FDR
section, the project also involved lowering the existing crown of the roadway to correct the excessive cross-
slope of the existing pavement. Mark Thomas provided
construction management and inspection services, SWPPP
inspection, environmental monitoring, material testing, assisted with public outreach, review of traffic handling plans and phasing, and Caltrans coordination.
MAIN STREET IMPROVEMENTS - YOSEMITE AVENUE
TO ATHERTON DRIVE, MANTECA
Construction inspector for the reconstruction of Main
Street from Yosemite Avenue to Atherton Drive. The
project included FDR of hot mix asphalt pavement, crack and seat existing underlying Portland cement concrete
panels, overlaying with a rubberized hot mix asphalt, and reconstruction of ADA curb ramps. The work included
paving on the SR 120 overpass requiring a Caltrans
encroachment permit. Mark Thomas was the construction
manager for this project and lead all construction
management activities.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
Page A-3
MIKE SAAS
CONSTRUCTION INSPECTOR
EDUCATION
BA in Sociology
Michael Sass has 21 years of experience in bridge, roadway, highway, water systems, storm drains, sewer systems, utility, and pump station construction. He has successfully delivered multiple projects serving as Assistant Structures Representative, Construction Inspector, Office Engineer, and Construction Manager. He has reviewed false work submittals.
He has experience preparing correspondence, change orders, tracking potential claims, schedule analysis, quantity calculations, progress payments, as-built drawings, and project closeout. He has reviewed and approved submittals and RFIs. A team player, he has utilized his extensive experience to successfully bring agencies and interested parties together to work toward project solutions.
REPRESENTATIVE PROJECTS
HIGHWAY 1 RESURFACE PROJECT, MILL VALLEY
Construction inspector responsible for observation
and inspection of the resurfacing of 18 miles of remote mountain roads including blind grades and switchbacks,
between Highway101 to Stinson Beach. Construction was
split between night and day shifts according to population inconvenience. Responsibilities included inspection of
materials, roadway repair, removal of asphalt due to
stripes containing lead paint contaminates, traffic control supervision, complete resurface of highway with Bonded
Wearing Course (CTM#125) extended life asphalt mix,
calling in/off road closures with Caltrans radio room,
reviewed plans and specifications, coordinated delivery of materials and quantity tracking, monitored material
temperatures, documented personnel, and equipment.
Project related correspondence included; NCO’s, CCO’s,
and extra work verification.
VARIOUS PROJECTS, CALTRANS DISTRICT 5
Various inspection of Hwy 1 resurface and new guard
rail installation from Lompoc Ca to Guadalupe CA.
Observation of 3 locations of repeater towers and all
supporting hardware along SR166 corridor near Santa
Maria Ca. T raffic control coordinator for 8 locations of bridge deck repair near Paso Robles , T empleton, and
Pismo Beach CA, coordinated cozeep daily for all locations with active work, verified all traffic control was in place and throughout the shift and picked up and end of shift.
I-405 HOV WIDENING, LOS ANGELES
Construction inspector and assistant structures
representative responsible for preparation of project-
related correspondence such as; daily diaries, inspection summaries, concrete pour and reinforcing steel placement records. Oversaw and inspected main water line placement, vaults, valve placement and testing, and was the direct contact with LADWP , which also included sewer and storm drain tie-ins and new manhole access placement. Provided field inspection on false work erection and removal, CIDH Piles, slip-form barrier rail, moment slabs, sound wall and retaining walls, pilaster pre-cast girders, pre-cast deck panels, form construction and form stripping, footings and bent construction, tie back walls, MSE walls, solder nails, shotcrete and grout, slurry, pot-holing for utilities, pre-cast concrete pile installation, mechanical coupler connections for reinforcing steel, overhead sign foundations and
pedestals, AC and PC placement, removing and replacing
unsound concrete, placing methacrylate resin and
polyester concrete and replacing existing joint seals.
Verified all project construction was in accordance to plan, RFI’s, CCO’s, and NCO’s.
SR-8 IMPROVEMENTS, EL CENTRO
Construction inspector that provided complete oversight of data core sampling project on North and South bound
lanes of CA SR-86 in El Centro CA. Samples taken every
half mile to determine depth and content and condition
of roadway. All samples taken were examined and
documented per Caltrans standard. Samples delivered to
local laboratory. Photo documentation of each core and all data recorded and provided to City and Caltrans.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
Page A-4
BJ DRYE
CONSTRUCTION INSPECTOR
EDUCATION
BS in Civil Engineering
REGISTRATION
CA EIT 167407
BJ has more than 2 years of engineering experience for public works projects. His experience includes the monitoring and documentation of construction activities for quality and compliance, inspecting traffic control plans for active work zones, generating inspector’s daily reports and field note records for fieldwork, and interpretation of material specifications including asphalt paving, expansion joint rehabilitation, and fish passage stream bypass. He is knowledgeable of construction management, traffic engineering, highway design, intelligent transportation systems, and BIM software.
As the Construction Inspector for this project, BJ will provide daily inspection for the project. He will ensure provisions of the contract documents are being fulfilled and guard the City against the defects and deficiencies in the work of the Contractor.
He will prepare daily inspection reports which will provide proper and clear documentation of observed construction activities. BJ will be fully committed and 100% available for this project.
REPRESENTATIVE PROJECTS
SR 99/FULKERTH ROAD WIDENING, TURLOCK
Construction inspector for the SR 99/Fulkerth Interchange improvement project. The project is widening and
realigning the freeway on- and off-ramps, constructing
retaining walls, drainage improvements, and utility
installations. Responsible for construction inspection and monitoring.
IMOLA PAVING AND ADA RAMPS PROJECT, NAPA
Assistant resident engineer for construction inspection services for the Imola Pocket Paving project. The project includes grind and overlay of the existing pavement
with spot dig-out locations and reconstructing 21 curb
ramps to meet ADA compliance along 14 streets. Services include construction inspection, monitoring contractor’s schedule, verifying quantities for progress pavements, and coordinating materials testing.
MAIN STREET RECONSTRUCTION, YOSEMITE AVENUE
TO ATHERTON DRIVE, MANTECA
Assistant resident engineer for the reconstruction of 2 miles of Main Street and Yosemite Avenue, including work within Caltrans right of way at the SR 120 interchange. The project includes Full Depth Reclamation (FDR) of the existing
pavement and rubberized asphalt overlay. Along with
reconstructing the existing pavement in the FDR section, the project also involves lowering the existing crown of the roadway to correct the excessive cross-slope of the existing pavement. As the project includes federal funding through Caltrans Local Assistance, the scope also includes upgrading many of the curb ramps along the corridor to
meet current ADA standards. Responsible for providing
construction management and inspection services, SWPPP
inspection, environmental monitoring, materials testing, and Caltrans coordination.
YOSEMITE AVENUE RECONSTRUCTION, MAIN STREET
TO COTTAGE AVENUE, MANTECA
Assistant resident engineer for the construction
management and inspection services, SWPPP inspection,
environmental monitoring, materials testing for the
reconstruction of Yosemite Avenue from Main Street to
Cottage Avenue. Responsible for providing construction
management inspection services and SWPPP inspection.
ALMOND STREET MULTIMODAL IMPROVEMENTS AND
GAP CLOSURE COMPLEX CONSTRUCTION, PARADISE
Inspector for construction management and inspection
services for the reconstruction of several blocks in the T own of Paradise’s downtown area. The project is reconstructing multiple streets using full depth reclamation and HMA
overlay. The project also consists of constructing bike lanes, a Class I path, sidewalks, enhanced sidewalks, bus stops, storm drain improvements, reconfigured parking,
street lighting, and landscaping. The project was originally programmed as two separate projects but is being
constructed as a single project. Therefore, it includes multiple federal and local funding sources requiring
especially detailed quantity and budget tracking, and
reporting to Caltrans.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
Page A-5
KIM LINCOLN
CONSTRUCTION INSPECTOR
Kim has more than 24 years of experience as a construction inspector and materials tester. Her experience has included providing special inspection and construction quality assurance services for projects located throughout Nevada, Placer, Sacramento, and Contra Costa Counties. Projects have ranged from commercial and residential developments to municipal improvements, highway and roadway construction and also specialized work such as the construction of landfills, roofing systems, masonry and concrete inspection and testing. She have also provided services ranging from earthwork construction quality assurance to laboratory testing and construction materials sampling. She have experience, versatility and range of capabilities in civil inspections, overseeing and documenting contractor’s activities, evaluating extra charge requests, materials testing and special inspection and testing services for masonry, concrete, roof systems and the like.
REPRESENTATIVE PROJECTS
ALMOND STREET MULTIMODAL IMPROVEMENTS AND
GAP CLOSURE COMPLEX CONSTRUCTION, PARADISE
Inspector for construction management and inspection
services for the reconstruction of several blocks in the T own of Paradise’s downtown area. The project is reconstructing multiple streets using full depth reclamation and HMA
overlay. The project also consists of constructing bike lanes, a Class I path, sidewalks, enhanced sidewalks, bus stops, storm drain improvements, reconfigured parking, street lighting, and landscaping. The project was originally programmed as two separate projects but is being
constructed as a single project. Therefore, it includes multiple federal and local funding sources requiring
especially detailed quantity and budget tracking, and
reporting to Caltrans.
HILLCREST DRAINAGE IMPROVEMENT PROJECT,
ROSEVILLE
Construction inspector overseeing contract work and
evaluating extra work requests during the drainage
improvements. Documenting accurately contractor’s
activities and reporting to the City. The project involves infrastructure from the 1940’s through 1960’s that include existing water, sewer, storm drain and gas lines that are crossing the roads and the excavation. The Contractor
utilized a beam and plate method for deep trench
excavation due to failing roads. Installation of two heads that included 36 inch and 42-inch HDPE storm drain pipes, upgrading all the DI’s and new cast-in-place manholes.
Select excavations exceeded 20 feet in depth.
ON-CALL CONSTRUCTION INSPECTOR, PLACER
COUNTY
Construction inspector for developer funded and local
utility projects in the T ahoe Basin and T ruckee. Responsible for ensuring that backfill, utility connections and paving were performed in accordance with Placer County
Standards. Monitored several projects per day and
submitted all reports to the County. Also, responsible for inspecting stormwater BMP installations and effectiveness.
CALTRANS DISTRICT 3, NEVADA, SIERRA, PLACER,
AND EL DORADO COUNTIES
Construction inspector for the Highway 65 Lincoln Bypass project which constructed a new four-lane expressway west of the current State Route 65 alignment from Industrial Boulevard in the City of Lincoln to just south of Yuba
County, near the T own of Sheridan. Phase 1 of the project included a new four-lane addition of highway between
Industrial Boulevard and Ferrari Ranch Road, and a
two-lane addition further north to Sheridan. The project involved a total of seventeen new bridges, hot mix asphalt paving, drainage, new on- and off-ramps, and sound walls.
WASHINGTON ROAD FHA PROJECT, NEVADA COUNTY
Construction inspector responsible for earthwork, concrete, and asphalt construction quality control (QC) services
provided to the contractor on this project which was
funded by the Federal Highway Administration as part of the American Recovery and Rehabilitation Act (ARRA) of
2009. The project involved rehabilitation of 5.5 miles of Washington Road from its intersection with State Highway 20 to the town of Washington in Nevada County.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
Page A-6
ANDY NAYLOR
CONSTRUCTION INSPECTOR
EDUCATION
Civil Engineering
Land Surveying
Andy has more than 16 year of experience in construction inspection and land surveying for a variety of capital improvement projects. His construction inspection experience includes pavement rehabilitation, bridge replacement, and transportation improvement projects. He is familiar with Caltrans standards and processes, and has experience working directly for Caltrans,
REPRESENTATIVE PROJECTS
ALMOND STREET MULTIMODAL IMPROVEMENTS AND
GAP CLOSURE COMPLEX CONSTRUCTION, PARADISE
Inspector for construction management and inspection
services for the reconstruction of several blocks in the T own of Paradise’s downtown area. The project is reconstructing multiple streets using full depth reclamation and HMA
overlay. The project also consists of constructing bike lanes, a Class I path, sidewalks, enhanced sidewalks, bus stops, storm drain improvements, reconfigured parking, street lighting, and landscaping. The project was originally programmed as two separate projects but is being
constructed as a single project. Therefore, it includes multiple federal and local funding sources requiring
especially detailed quantity and budget tracking, and
reporting to Caltrans.
I-5 DUNSMUIR GRADE SOUTHBOUND LANES
RECONSTRUCTION, PHASE I, REDDING
This project included the reconstruction of southbound
lanes with hot mix asphalt (HMA) and Portland cement
concrete (PCC) from Mount Shasta to the T ruck Scales.
Responsible for setting up the localized GPS Network for the inspection team, grades setters, machine guidance and machine control systems; construction layout and grade
setting (using T opcon GPS Grade Management Systems
and T opcon Robotic T otal Station); setting slope-stakes with conventional laser level and eye level; developing a Caltrans-required quality control plan for AMG-Automated Machine Guidance; preparing 3D model conversions and
coordinating their creation (using AutoCad Civil 3D 2013, T opcon Windows 3D, and T rimble Business Center HCE);
and coordinating with the Caltrans inspection team and
subcontractors to assure compliance with the design and quality of work.
ON-CALL PROFESSIONAL AND TECHNICAL
CONSTRUCTION ENGINEERING SERVICES (03A2676),
REDDING
This on-call contract included the construction
inspection for multiple Caltrans transportation facilities and electrical infrastructure through the district on-call contract. Responsible for quality assurance inspection
of construction activities; verifying compliance with the project plans, special provisions, and Caltrans’ standards; monitoring safety; tracking of all equipment, labor, and materials used; checking grades; verifying materials and measuring all quantities placed; preparing daily diaries; and monitoring the contractor’s compliance with safety
measures.
ON-CALL CM/ENGINEERING/INSPECTION MATERIALS
SAMPLING AND TESTING, AND SURVEYING SERVICES
(11A2479), SAN DIEGO
This on-call contract included the construction inspection for multiple Caltrans transportation facilities through the on-call contract. Responsible for quality assurance inspection of construction activities; verifying compliance with the project plans, special provisions, and Caltrans’ standards; monitoring safety; tracking of all equipment, labor, and materials used; checking grades; verifying
materials and measuring all quantities placed; preparing daily diaries; and monitoring the contractor’s compliance with safety measures.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
Page A-7
STEVE SEATON
ELECTRICAL INSPECTOR
Steve Seaton has more than 30 years of experience providing electrical inspection services for a variety of transportation and public works improvement projects. He has provided inspections for signal modifications, rail control, on-road signage, lighting, and transit signals. As a former public agency employee, he also understands the maintenance needs for electrical systems.
REPRESENTATIVE PROJECTS
WASHINGTON BOULEVARD WIDENING, ROSEVILLE
Electrical inspector for this roadway widening project.
The project included new turn lanes and bike lanes,
pavement rehabilitation, and curb, gutter, and sidewalk improvements along Washington Boulevard. The project
improved Washington Boulevard from the Lincoln Street/
All American City Boulevard to the Kaseberg Drive, which is just south of the existing Andora Underpass.
WASHINGTON BOULEVARD/ALL AMERICAN
ROUNDABOUT, ROSEVILLE
Electrical inspector for the roundabout at Washington
Boulevard and All-America Drive. The roundabout was
selected instead of a traffic signal to reduce conflict points between vehicles, increase multimodal safety, reduce
emissions, and provide for corridor aesthetics. The project adds multi-use pathways to connect to bike lanes. New
sidewalks and crosswalks were added.
RIVERSIDE AVENUE STREETSCAPE AND
INFRASTRUCTURE IMPROVEMENTS, ROSEVILLE
Electrical inspector for this streetscape and landscape improvements on Riverside Avenue. The project included
construction of bulb-out islands for pedestrian safety, new storm drain, water and sewer systems, new bus facilities, additional parking, and modifications for new driveway
locations.
HISTORIC DISTRICT STREETSCAPE/INFRASTRUCTURE
IMPROVEMENTS, ROSEVILLE
Electrical inspector for construction oversight for project to repair substandard cross-slopes, and degraded pavement
areas. Project also includes construction of new curb, gutter and sidewalk, raised crosswalks and islands for pedestrian safety, new storm drain system, additional parking and
extensive landscape/streetscape features to improve the aesthetics of Historic Roseville.
CIRBY WAY/ROSEVILLE ROAD IMPROVEMENTS,
ROSEVILLE
Electrical inspector for roadway improvement project
which comprised of three miles of improvements including widening, embankment construction, retaining walls,
drainage, and utility upgrades. The project required
extensive public outreach to local community groups,
City Boards/Council meetings, Union Pacific Railroad,
negotiations with 20 affected commercial properties,
nearly 100 local businesses, and multiple government and permitting agencies.
PLEASANT GROVE BOULEVARD AND FOOTHILLS
BOULEVARD IMPROVEMENTS, ROSEVILLE
Electrical inspector for operation improvements to the
intersection, including additional left turn lanes and
adjustments to the profile grade at the intersection.
SR 65/PLEASANT GROVE BOULEVARD INTERCHANGE,
ROSEVILLE
Electrical inspector for the Phase II improvements which included the widening of the existing overcrossing to six lanes, construction of the southbound loop on-ramp,
auxiliary lanes for both north and southbound SR 65
from Galleria Boulevard interchange to Pleasant Grove
Boulevard interchange, widening of Pleasant Grove
Boulevard from Roseville Parkway to the interchange and median improvements from Highland Park Drive to the city limits.
VARIOUS ROADWAY PROJECTS, ROSEVILLE
Electrical inspector for citywide roadway reconstruction and maintenance projects. Projects were under a fast
track schedule to meet the deadlines placed on the use
of American Recovery and Reinvestment Act funding,
including construction.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
Page A-8
CINDY MAHER
OFFICE ENGINEER
EDUCATION
BS in Civil Engineering
Cindy has nearly 30 years of experience supporting all phases of construction engineering projects ranging from civil engineering design, water well drilling, water design analysis, to project management supervision. She prepares and maintains project schedule, budget schedule and cash flow of the project; reviews submittals, request for information (RFI), change orders, and shop drawings; and manages project submittal/RFI work flow, change order requests, proposed change orders, and contract change orders. Her responsibilities also include developing punch list and following up with corrective measures and final inspection for contract closeout.
REPRESENTATIVE PROJECTS
PAVEMENT REPAIR MAINTENANCE AND STRIPING,
CASTRO VALLEY
Office engineer responsible for this $4,500,000 pavement repair program throughout East Bay Regional Park District territory. Responsibilities include reviewing and tracking submittals, RFI’s, change order requests, proposed change orders, and contract change orders. Also responsible for maintaining project files and records, and preparing project closeout documentation.
TRAIL-WIDE SEAL COAT AND SLURRY SEAL
RESURFACING, DUBLIN
Office engineer responsible for this seal coat and slurry seal resurfacing and replacement of damaged asphalt
throughout East Bay Regional Park District’s 32 miles of trail systems. Responsibilities include reviewing and tracking submittals, RFI’s, change order requests, proposed change orders, and contract change orders. Also responsible for maintaining project files and records, and preparing project closeout documentation.
I-680/STONERIDGE DRIVE INTERCHANGE,
PLEASANTON
Office engineer for construction management services for the I-680/Stoneridge Drive Interchange project, and other offsite improvements along Johnson Drive associated with the Johnson Drive Economic Development Zone (EDZ)
project. Project includes freeway ramp modifications,
structural widening, roadway modifications, pedestrian and bicycle improvements, as well as signal installation.
SUNOL REGIONAL WILDERNESS PARK WATER SYSTEM
IMPROVEMENTS, ALAMEDA COUNTY
Office engineer responsible for reviewing and tracking
submittals, RFI’s, change order requests, proposed
change orders, and contract change orders. Provided
support to the Resident Engineer/City Representative.
Completed other responsibilities and assisted as assigned to support the project such as attend project meetings and conducting site visits. Maintained project files and records.
Interpreted contract specifications, codes and safety orders.
Conducted project field coordination, documentation, cost monitoring, and scheduling. Verified inspectors document the project with details such as field progress, field
conditions, equipment use, and correcting actions. Assisted in preparing project closeout documentation.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
Page A-9
RAUL CERVANTES
PROGRAM SUPPORT
EDUCATION
BS in Civil Engineering
Raul has more than 36 years of experience managing municipal and transportation projects. Prior to joining Mark Thomas, Raul served as the City of Roseville’s Senior Engineer over the City Projects Section. Raul’s project experience includes design and construction management of major local roadway improvements, bridges, local roadway maintenance, bicycle and pedestrian facilities, civil transit improvements, flood improvements, buildings, and streetscape designs. Raul is knowledgeable of the different local, state and building standards. He has also been involved with the CEQA and NEPA environmental clearance on roadway projects.
REPRESENTATIVE PROJECTS
WASHINGTON BOULEVARD WIDENING, ROSEVILLE
Agency project manager for this roadway widening project.
The project also included additional turn lanes and bike lanes, pavement rehabilitation, and curb, gutter, and
sidewalk improvements along Washington Boulevard. The
project improved Washington Boulevard from the Lincoln
Street/All American City Boulevard to the Kaseberg Drive, which is just south of the existing Andora Underpass.
WASHINGTON BOULEVARD/ALL AMERICAN
ROUNDABOUT, ROSEVILLE
Agency project manager for the design of the roundabout at Washington Boulevard and All-America Drive. The
roundabout was selected instead of a traffic signal
to reduce conflict points between vehicles, increase
multimodal safety, reduce emissions, and provide for
corridor aesthetics. The project will also add multi-use pathways to connect to bike lanes and new sidewalks and crosswalks will also be added.
RIVERSIDE AVENUE STREETSCAPE AND
INFRASTRUCTURE IMPROVEMENTS, ROSEVILLE
Agency project manager for this streetscape and landscape improvements on Riverside Avenue. The project includes
construction of bulbout islands for pedestrian safety, new storm drain, water and sewer systems, new bus facilities, additional parking, and modifications for new driveway
locations. A portion of the overall improvement required a right of way acquisition from UPRR.
BRIDGE PREVENTATIVE MAINTENANCE PROGRAM,
ROSEVILLE
Agency project manager responsible for overseeing
evaluation of 15 bridges and obtaining federal funds
under the BPMP for these bridge maintenance projects.
Anticipated repairs include deck treatment, concrete
repairs, scour countermeasures and approach slab
replacement.
WASHINGTON/ANDORA WIDENING, ROSEVILLE
Project manager responsible for the delivery of PS&E
to replace the existing UPRR Andora Underpass at
Washington Boulevard and widen the roadway from two
to four lanes. Due to federal funding allocated towards the project, both CEQA and NEPA environmental clearance
is needed in order to comply with other regulatory
requirements. In addition to the roadway and structure
improvements, the project will also involve relocation of roughly one mile of track along the UPRR corridor. Given the location of the project, a robust outreach strategy was included for coordination with multiple community groups and stakeholders during the project development.
ON-CALL ENGINEERING SERVICES, LINCOLN
Project manager for improvements to alter the Ferrari
Ranch Road at-grade highway-rail crossing of the Union
Pacific Railroad track in the City of Lincoln. This project will install a new curb ramp in the northeast quadrant of the crossing, continue the new sidewalk on the north side of Ferrari Ranch Road from where the existing sidewalk ends west of the track, eastwardly across the track.
CM & INSPECTION FOR ROADS PROGRAM
City of Turlock
MARK THOMAS
Page A-10
RYAN BISSEGGER
GRANT WRITING
EDUCATION
BA in International Business
Funding and Programming Transportation Projects in CA, UC Berkeley Technology Transfer Ryan Bissegger has more than 17 years in the professional engineering industry. He has held various roles and has grown to become Mark Thomas’ funding expert. He is very knowledgeable of federal and state funding sources including ATP , HSIP , SB 1 programs, and federal discretionary programs. He tracks the programs and is knowledgeable of call for project schedules. He has provided funding recommendations to agencies to pursue to implement improvements. Ryan has experience developing and reviewing grant applications. His understanding of the funding programs and state and federal policies has been leveraged in the preparation of competitive grants. Ryan is currently working closely with the cities of Riverside and Santa Ana to secure grant funding for railroad grade separations.
REPRESENTATIVE PROJECTS
PLACER-SACRAMENTO ACTION PLAN (PSAP), PLACER
AND SACRAMENTO COUNTIES
Funding and financing support for this study to prioritize and advance regionally significant projects across nine jurisdictions. The project area is 40-mile corridor which includes SR 65 from Lincoln to I-80 interchange, I-80
from SR-49 to SR-51 split, and SR-51/US-50 to I-5.
Responsibilities have included grant program discussions and assisting with project prioritization rankings based upon SB-1 grant program criteria.
BROADWAY COMPLETE STREET IMPROVEMENTS,
SACRAMENTO
Lead grant writer for the ATP Cycle 4 application for the second phase of this road diet and bicycle/pedestrian
project. The project will reduce the roadway from four to three lanes, install Class II buffered bike lanes, crosswalks, and ADA compliant curb ramps. Responsibilities included leading the preparation of the narrative and coordinating with third party agencies for documentation.
HIGHWAY 1 AUXILIARY LANES - 41ST TO SOQUEL &
CHANTICLEER PEDESTRIAN BRIDGE, SANTA CRUZ
COUNTY
Funding specialist responsible for analyzing SCCP and LPP grant requirements and supporting the development of
grant applications. Met with CTC staff to discuss the project and grant requirements. This 1.4-mile-long project will add auxiliary lanes and bus on shoulder operations along SR 1.
It also includes the addition of a pedestrian overcrossing at Chanticleer Avenue.
I-205/I-580/INTERNATIONAL PARKWAY
INTERCHANGES, TRACY
Funding lead responsible for leading the preparation
of SB-1 TCEP , BUILD, and INFRA grant applications for
Mountain House Interchange projects at I-580 and I-205.
These projects will reduce congestion, increase capacity and improve local circulation and functionality at both interchanges to accommodate increased traffic volumes
due to the 450-acre Cordes Ranch project. The I-580
interchange preferred alternative is a DDI. Responsibilities included leading the development of grant narratives and coordinating the preparation of graphics, exhibits, and benefit/cost models.
ATP GRANT WRITING SERVICES, LATHROP
Project manager for the preparation of two ATP and
SJCOG supplemental grant applications. One project was
to develop an Active T ransportation Plan and the other to install 4-miles of Class II bikeways connecting to a commuter rail station. Services included developing grant narratives and exhibits, coordinating with stakeholders for letters of support, preparing the Active T ransportation Plan scope and budget, and reviewing plans and estimates.
SR36 SUSANVILLE MAIN STREET REVITALIZATION,
LASSEN COUNTY
Grant task lead for the preparation of a Caltrans
Sustainability Communities grant application to study
complete streets and safety features along SR-36 in
Susanville. Grant application included development of
narrative responses, preparation of scope of work and
budget, and oversight of project exhibit preparation.
Education
High School Diploma
Certification/Training
Loss Prevention System Safety
Training
Floor Flatness Number Certified
Technician
Years of Experience
19 years
ROBERT HILL
Project Manager
Mr. Hill brings 19 years of experience and is involved with many aspects of construction inspection, materials testing, special inspection, and project management.
His experience includes field inspection and testing of soils, asphalt, and concrete for public infrastructure such as highways, bridges, and pipelines, residential developments, industrial buildings, resorts, business parks, power plants, wastewater treatment facilities, hospitals, and schools. He is also experienced in administration and management of state and federally funded public construction projects and contracts and is knowledgeable of materials, methods, tools, and equipment used in the construction, operation, and maintenance of infrastructure and related facilities. He is also skilled in adhering to applicable federal, state, and local laws, rules and regulations, including the County of Stanislaus QAP; safety principles, practices, and procedures; and accounting and budgeting practices, including management and expenditure controls.
Selected Project Experience
City of Turlock On-Call Mate rials Testing, Turlock, CA Mr. Hill serves as Kleinfelder’s project manager for the projects, providing oversight of the construction materials testing and inspection services provided and is responsible for delivering qualified personnel, supervision, invoice review per the contract, oversight of our services, and communication with the client.
San Joaquin County Department of Public Works On-Call Materials Testing Services, Stockton, CA. As Kleinfelder’s project manager, Mr. Hill is responsible for providing oversight of the construction materials testing and inspection services and is responsible for supplying qualified personnel, supervision, invoice review per the contract, and oversight of our services and communication with the client.
City of Tulare, E Street Improvements, Tulare, CA. Mr. Hill served as project manager for this project, which consisted of removal and reconstruction of concrete curb ramps and concrete curb and gutter, as well as removal and installation of sewer, water, and storm drain improvements; grind-in-place existing asphalt concrete pavement; earthwork and grading; preparation of subgrade using Full Depth Reclamation with cement; furnishing and placing hot mix asphalt concrete pavement; and traffic signal improvements.
State Route 132 West Freeway/Expressway – Phase 1, Modesto, CA. Mr. Hill serves as Kleinfelder’s project manager for the project providing oversight of the construction materials testing and inspection services provided for the project. He is responsible for providing qualified personnel, supervision, invoice review per the contract, providing oversight of our services, and communication with the client and design team. The project proposes was to construct a new access-controlled freeway from Dakota Avenue in rural Stanislaus County east to connection with SR99 and Needham Street in the City of Modesto. The new access-controlled freeway will consist of two lanes separated by a median divider. Access to SR99 will be via east and west couplets. Dakota Avenue will be reconstructed to form a new 3-lane roadway between Maze and Kansas Avenue. Maze Blvd (SR132) from Dakota east to SR 99 will be relinquished back to the City and County following completion of the project. Four new bridges will be constructed including a new overhead crossing of SR99.
New Sonora Courthouse, Sonora, CA. Mr. Hill serves as Kleinfelder’s project manager for the project. He provides oversight of the construction materials testing and inspection services. Mr. Hill is responsible for providing qualified personnel, supervision, invoice review per the contract, as well as oversight of our services and communication with the client and design team. The New Sonora Courthouse is a five courtroom, two story building, approximately 61,537 square feet with lower level parking. The structure is a combination of reinforced concrete, structural steel and masonry construction.
Mariposa Public Utilities District Wastewater Treatment Facility Upgrades Project, Mariposa, CA. Mr. Hill is providing project management for the construction materials testing and special inspection services for this project, including soils and concrete. The project’s primary features include nitrate reduction, filtration, temperature control, ultraviolet light disinfection, and modernization of electrical and process control systems Division Manager -
CM (John Collins)
RE/Structural
Representative
(Taylor Loyd)
Sr. Project
Accountant
Sr. Project
Coordinator
Actual Hourly Rate $96.76 $69.68 $58.00 $46.00
ICR (151.93%) $147.01 $105.86 $88.12 $69.89
Fee (10%) $24.38 $17.55 $14.61 $11.59
Fully-Loaded Rates $268.14 $193.10 $160.73 $127.48
1.0 65% CONSTRUCTABILITY REVIEW
1.1 65% Constructability Review 16 126 6 8 156 $30,605.02 $30,605.02 Subtotal Phase 1 16 126 6 8 156 $30,605.02 $30,605.02
2.0 100% CONSTRUCTABILITY REVIEW
2.1 100% Constructabiity Review 16 80 2 4 102 $20,569.62 $20,569.62 Subtotal Phase 2 16 80 2 4 102 $20,569.62 $20,569.62
3.0 CONTRACTOR PRE-QUALIFICATION
3.1 Contractor Pre-Qualification 4 40 1 2 47 $9,212.23 $9,212.23 Subtotal Phase 3 4 40 1 2 47 $9,212.23 $9,212.23
4.0 FILE SET UP
4.1 File Set Up 1 8 0 0 9 $1,812.94 $1,812.94
Subtotal Phase 4 1 8 0 0 9 $1,812.94 $1,812.94
5.0 Schedule Review
5.1 Schedule Review 2 16 0 0 18 $3,625.88 $3,625.88
Subtotal Phase 5 2 16 0 0 18 $3,625.88 $3,625.88
6.0 DRAW SCHEDULE
6.1 Draw Schedule 4 40 0 0 44 $8,796.55 $8,796.55
Subtotal Phase 6 4 40 0 0 44 $8,796.55 $8,796.55
7.0 PRE-CONSTRUCTION CONFERENCE
7.1 Pre-Construction Conference 2 12 14 $2,853.48 $2,853.48 Subtotal Phase 7 2 12 0 0 14 $2,853.48 $2,853.48
TOTAL HOURS 45 322 9 14 390
OTHER DIRECT COSTS (1650 miles @ $0.585/mile) $965.25 $965.25 TOTAL COST $12,066.49 $62,177.98 $1,446.58 $1,784.67 $78,440.97 $78,441 Total MT
Cost
COST PROPOSAL FOR PROJECT SCOPE: Turlock-CM & Inspection Services for Roads Program; City Project 22-001 - Rehabilitation of 15 Streets TOTAL COSTTotal
Hours
4/25/2022
RATE SCHEDULE (W)
Engineering Services Survey Services
Intern $47 ‐ $81 Survey Intern $59 ‐ $97
Technician $65 ‐ $123 Survey Technician $77 ‐ $113
Planner I $77 ‐ $104 Sr. Survey Technician $88 ‐ $162
Design Engineer I $91 ‐ $130 Surveyor $106 ‐ $146
Planner II $100 ‐ $123 Sr. Surveyor $121 ‐ $172
Sr. Technician $112 ‐ $162 Lead Survey Technician $118 ‐ $195 Design Engineer II $118 ‐ $152 Project Surveyor $147 ‐ $195 Project Engineer $139 ‐ $172 Sr. Project Surveyor $162 ‐ $211 Sr. Project Engineer $150 ‐ $204 Survey Manager $177 ‐ $243 Sr. Technical Engineer $150 ‐ $204 Sr. Survey Manager $203 ‐ $266 Project Manager $180 ‐ $230 Survey Division Manager $265 ‐ $357 Technical Lead $180 ‐ $230 ** Single Chief $144 ‐ $195
Sr. Project Manager $209 ‐ $295 ** Single Instrumentman $137 ‐ $172 Sr. Technical Lead $200 ‐ $295 ** Single Chainman $129 ‐ $169 Engineering Manager $265 ‐ $340 ** Apprentice $64 ‐ $143 Practice Area Leader $265 ‐ $340 ** 1 Person Field Crew $144 ‐ $195 Sr. Engineering Manager $295 ‐ $405 ** 2 Person Field Crew $273 ‐ $389 Principal $380 ‐ $451 ** 3 Person Field Crew $337 ‐ $558 Construction Management Services Project Support/Coordination Services Office Technician $59 ‐ $97 Project Assistant $65 ‐ $97 Office Engineer $103 ‐ $195 Technical Writer $62 ‐ $104 ** Asst. Resident Engineer $147 ‐ $267 Sr. Project Assistant $91 ‐ $123 ** Inspector ‐ CM $147 ‐ $267 Project Coordinator $88 ‐ $130 RE/Structural Representative $192 ‐ $324 Graphic Designer $94 ‐ $146 Project Manager ‐ CM $192 ‐ $292 Sr. Technical Writer $94 ‐ $159 Sr. Project Manager ‐ CM $206 ‐ $324 Project Accountant $94 ‐ $146 Area Manager ‐ CM $289 ‐ $422 Sr. Project Coordinator $118 ‐ $156 Division Manager ‐ CM $265 ‐ $324 Sr. Graphic Designer $106 ‐ $178 Sr. Project Accountant $147 ‐ $201
District Management Services Sr. Graphic Manager $133 ‐ $195 ** Inspector ‐ Apprentice $62 ‐ $94
** Inspector $91 ‐ $126 Urban Planning/Landscape Architecture Services ** Sr. Inspector $115 ‐ $149 Landscape Intern $44 ‐ $81 Assistant Sanitary Engineer $130 ‐ $165 Landscape Designer I $77 ‐ $104 Associate Sanitary Engineer $144 ‐ $195 Landscape Designer II $100 ‐ $123 Sanitary Project Engineer $144 ‐ $224 Landscape Architect $103 ‐ $178 Sr. Sanitary Project Engineer $183 ‐ $266 LAUD Project Manager $174 ‐ $224 Operations Manager $209 ‐ $295 Sr. LAUD Project Manager $206 ‐ $253 Deputy District Manager $259 ‐ $318 LAUD Division Manager $230 ‐ $256 District Manager‐Engineer $289 ‐ $337 Sr. LAUD Division Manager $242 ‐ $285 Grant Writing Services Special Services
Funding Specialist $140 Expert Witness $440
Sr. Funding Specialist $170 Strategic Consulting $440
Note: Additional Promotional Steps Exist within Various Rate Categories Reimbursables including, but not limited to:
Reproductions, Delivery and Filing Fees At Cost Outside Consultant Fees At Cost Mileage Per IRS Rate Survey Field Expenses At Cost
EXHIBIT A
Mark Thomas & Company, Inc. Rate Schedule
Expires June 30, 2022*
HOURLY CHARGE RATE RANGES
OTHER DIRECT COSTS
*Rates subject to escalation with new hourly rate schedule as of July 1, 2022 **These charge rates are subject to Prevailing Wage laws and Union contract.
Actual rates will be calculated using OH Rate of 151.93% and a 10% fee
City Council Staff Report
May 10, 2022
From: Tiffini Dhanota, Human Resources Analyst
Prepared by: Tiffini Dhanota, Human Resources Analyst
Agendized by: Reagan Wilson, City Manager
1. ACTION RECOMMENDED:
Resolution: Approving an amendment to the Salary Schedule of the existing Confidential Schedule of Benefits and Policies adopted by Resolution No. 2022-063, dated April 12, 2022, to include all approved confidential salaries.
2. SYNOPSIS:
3. DISCUSSION OF ISSUE:
The cur rent Confidential Schedule of Benefits and Policies was adopted by City Council on April 12, 2022 by Resolution No. 2022- 063.
The City Managers reorganization was approved on April 12, 2022. This position was inadvertently left off the Confidential Salary Schedule.
This resolution adds the Executive Administrative Assistant -Public Works to the Confidential Salary Schedule for FY 2021-22.
The Schedule has been amended to reflect all previously approved/adopted salaries of all confidential employees that are covered by the existing Confidential Schedule of Benefits and Policies and add the Executive Administrative Assistant - Public Works to the Salary Schedule- Exhibit A.
Adopting a Resolution approving an amendment to the Salary Schedule of the existing Confidential Schedule of Benefits and Policies previously adopted by Resolution No. 2022-063, dated April 12, 2022, to include all updates to approved confidential salaries.
Agenda Staff Report
May 10, 2022
4. BASIS FOR RECOMMENDATION:
The Salary Schedule, Exhibit A, to the Confidential Schedule of Benefits and Policies should include all confidential employees covered under the adopted document in order to provide the most concise publicly available pay schedule.
5. FISCAL IMPACT / BUDGET AMENDMENT:
Fiscal impact: None
6. STAFF RECOMMENDATION:
Staff recommends the approval of the revisions to the Confidential Salary Schedule.
7. CITY MANAGER’S COMMENTS:
Recommend Approval
8. ENVIRONMENTAL DETERMINATION: N/A
9. ALTERNATIVES:
A. Council may choose not to approve Resolution amending Exhibit A – Confidential Salary Schedule to the existing Confidential Schedule of Benefits and Policies. This action is not recommended, as the best practice is to include all adopted confidential salaries on one pay schedule that is adopted by City Council.
.
10. ATTACHMENT
A. Draft Resolution
Exhibit A- Confidential Schedule of Benefits and Policies
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING AN } RESOLUTION NO. 2022-
AMENDMENT TO THE SALARY SCHEDULE }
OF THE EXISTING CONFIDENTIAL SCHEDULE }
OF BENEFITS AND POLICIES ADOPTED BY }
RESOLUTION NO. 2022-063, DATED }
APRIL 12, 2022 TO INCLUDE ALL APPROVED }
CONFIDENTIAL SALARIES }
}
WHEREAS, the current Confidential Schedule of Benefits and Policies was last amended by Resolution No. 2022-063, on April 12, 2022, to include all previously approved confidential salaries; and
WHEREAS, this modification adds the Executive Administrative Assistant - Public Works classification assigned to Public Works to the Confidential Salary Schedule; and
WHEREAS, the Executive Administrative Assistant - Public Works position is represented by the Confidential bargaining unit; and
WHEREAS, the California Code of Regulations (CCR) Section 570.5 adopted August 11, 2011 clarified the eight requirements of publicly available pay schedules which P.E.R.S. utilizes to dete rmine compensation earnable for the calculation of retirement benefits; and
WHEREAS, the best practice is to update the schedule of all confidential employees that are covered under the existing Confidential Schedule of Benefits and Polices.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve an amendment to the salary schedule of the existing Confidential Schedule of Benefits and Policies adopted by resolution no. 2022 -063, dated April 12, 2022 to include all approved confidential salaries.
PASSED AND ADOPTED at a regular meeting of the City Counci l of the City of Turlock this 10th day of May, 2022, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
Julie Christel, City Clerk,
City of Turlock, County of Stanislaus,
State of California
Exhibit A
CONFIDENTIAL SALARY SCHEDULE FY 2021-2022
Range Step 1 Step 2 Step 3 Step 4 Step 5
OFFICE ASSISTANT I 14.3 2958 3104 3260 3424 3596
OFFICE ASSISTANT II 16.3 3260 3424 3596 3776 3965
ACCOUNT TECH 21.2 4142 4349 4566 4794 5033
HUMAN RESOURCES TECH 21.2 4142 4349 4566 4794 5033
STAFF SERVICES ASSISTANT 21.4 4184 4393 4612 4842 5083
SECRETARY, SR 21.6 4226 4437 4658 4890 5134
PAYROLL COORDINATOR 23.2 4566 4794 5033 5284 5549
SECRETARY/DEPUTY CITY CLERK 23.2 4566 4794 5033 5284 5549 SECRETARY, SUPERVISING 23.6 4658 4890 5134 5391 5661
EXEC ADMIN ASST/DEPUTY CITY CLERK 26.2 5284 5549 5827 6117 6424 POLICE BUSINESS UNIT SUPERVISOR 27.4 5605 5885 6179 6488 6813 HUMAN RESOURCES ANALYST 28.0 5769 6057 6360 6678 7012
PUBLIC AFFAIRS ANALYST 28.0 5769 6057 6360 6678 7012
EXEC ADMIN ASSIST/PUBLIC SAFETY 29.2 6117 6424 6745 7082 7437 EXEC ADMIN ASSIST/CITY MANAGER 29.2 6117 6424 6745 7082 7437 EXEC ADMIN ASSIST/CM OFF/DEP CITY CLK 29.2 6117 6424 6745 7082 7437 EXEC ADMIN ASST/MUNI SERV 29.2 6117 6424 6745 7082 7437 EXEC ADMIN ASST/PUBLIC WORKS 29.2 6117 6424 6745 7082 7437 EXEC ASST TO CM/CITY CLERK TRAINEE 31.2 6745 7082 7437 7809 8200
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF AMENDING } ORDINANCE NO. -CS
TURLOCK MUNICIPAL CODE }
TITLE 4, TO ADD CHAPTER 19 }
POLICE ACQUISITION AND USE OF }
“MILITARY EQUIPMENT” }
}
WHEREAS, Assembly Bill 481 (AB 481 or the Bill), a state law approved in 2021, codified at Government Code sections 7070 through 7075 requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy (the Policy) by ordinance (the Ordinance), prior to the LEA funding, acquiring, or using military equipment.
The law also requires law enforcement agencies to m ake public an annual report outlining the use of such equipment; and
WHEREAS, a drafted policy was posted to the City of Turlock Police Department’s public website thirty (30) days prior to the initial reading at the Turlock City Council Meeting, therefore the Turlock Police Department (TPD) seeks City Council adoption of the attached Military Equipment Policy – TPD Policy 707, in order to allow TPD to c ontinue to use the vital equipment specified therein, as well as acquire new equipment as outlined in the policy; and
WHEREAS, items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for LEAs throughout the c ountry and these tools have been tested in the field, and are used by LEAs to enhance citizen safe ty and officer safety, therefore, loss of these items would jeopardize the welfare of citizens and peace officers within the TPD; and
WHEREAS, the term “military equipment,” as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military, but pursuant to AB 481, items deemed to be “military equipment” include, but are not limited t o, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper ball s, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs; and
WHEREAS,
TPD is committed to using the most up to date tools and equipment to safeguard the residents of Turlock. Many of items deemed to be “military equipment” by AB 481 are in fact employed by TPD, and LEAs across the co untry, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Policy, also provide TPD’s peace officers with vital tools that facilitate complianc e with its stringent use of force policy. Along wit h seeking authorization to use preexisting equipment, the TPD also seeks authorization to acquire, fund and use new equipment as outlined in the policy.
BE IT ORDAINED that the City Council of the City of Turlock does a mend the Turlock Municipal Code as follows:
SECTION 1. AMENDMENT: Title 4, Chapter 19, is hereby added to read as follows:
Ordinance No. -CS
Chapter 4-19
Police Acquisition and use of “Military Equipment”
4-19-101 Definitions.
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles.
• Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
• High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five- ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
• Weaponized aircraft, vessels, or vehicles of any kind.
• Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .5 0 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue firearms and ammunition.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.
• Noise-flash diversionary devices and explosive breaching tools.
• Munitions containing tear gas or OC, excluding stan dard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
4-19-102 Policy.
It is the policy of the Turlock Police Department t hat members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.
Ordinance No. -CS
4-19-103 Military Equipment Coordinator .
The Chief of Police should designate a member of th is department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for mat ters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually.
(d) Collaborating with any allied agency that may u se military equipment within the jurisdiction of Turlock Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the dep artment’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to regi ster a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
4-19-104 Military Equipment Inventory.
The following constitutes a list of qualifying equipment for the Department: See Attachments. 4-19-105 Approval.
The Chief of Police or the authorized designee shal l obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall en sure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equip ment at issue (Government Code § 7071). The military equipment policy must be approved by the g overning body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
Ordinance No. -CS
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or f ederal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agen cy in the deployment or other use of military equipment within the jurisdiction of this department.
(e) Using any new or existing military equipment fo r a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any mea ns not provided above. 4-19-106 Coordination with Other Jurisdictions.
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment of simil ar type and purpose is approved for use in accordance with this policy.
4-19-107 Annual Report.
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body f or each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for u se (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for us e.
The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 4-19-108 Community Engagement.
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public que stions regarding the funding, acquisition, or use o f military equipment.
4-19-109 Use in Exigent Circumstances.
In exigent circumstances and with the approval of the Chief of Police or authorized designee, the Police Department may acquire, borrow and/or use military equipment that is not included in the Military Equipment Use Policy.
Ordinance No. -CS
If the Police Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition or use t o the City Council within 30 days following the commencement of such exigent circumst ance, unless such information is confidential or privileged under local, state or federal law.
• If it is anticipated that the use will continue bey ond the exigent circumstance, submit a proposed amended Military Equipment Use Policy to t he City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
• Include the military equipment in the Police Department’s next annual Military Equipment Report.
SECTION 2. VALIDITY: If any section, subsection, sentence, clause, word , or phrase of this ordinance is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The Turlock City Council hereby declares that they would have passed this ordinance, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that on e or more section, subsection, sentence, clause, word, or phrase be declared invalid or unconstitutional.
SECTION 3. ENACTMENT: Prior to the expiration of fifteen (15) days from the passage and adoption thereof, this ordinance shall be published in a newspaper of general circulation printed and published in the County of Stanislaus, State of California, together with names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 26 th day of April, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
NOT PARTICIPATING:
ABSENT:
Signed and approved this ___ day of _____________, 2022.
SIGNED:
______________________
Amy Bublak, Mayor
ATTEST:
_____________________________
Julie Christel, City Clerk,
City of Turlock, County of Stanislaus,
State of California
City Council Staff Report
May 10, 2022
From: Katie Quintero, Development Services Director
Prepared by: Maria Ramos, Community Housing Program Manager
Agendized by: Reagan M. Wilson, Development Service s Director
1. ACTION RECOMMENDED:
Resolution: Approving and authorizing the Fiscal Ye ar 2022-2023 Annual Action Plan for the Community Development Block Grant Prog ram (CDBG) and HOME Investment Partnership Program (HOME), authori zing the submission of the Annual Action Plan to HUD, and au thorizing the City Manager or designee to execute all related and necessary documents.
2. SYNOPSIS:
Approving and authorizing the submission of the Fiscal Year 2022-2023 Annual Action Plan for the CDBG and HOME programs to HUD.
3. DISCUSSION OF ISSUE:
For fiscal year 2022-2023, the City will be receivi ng funding for the CDBG program through an entitlement grant from the U.S. Housing and Urban Development (HUD) and funding for the HOME program through Stanislaus County as a partner of the HOME Consortium.
The Annual Action Plan (AAP) is the annual update t o the City’s Consolidated Plan.
The AAP (Attachment A) outlines the resources antic ipated to be available and specifies the general activities proposed to be und ertaken during the fiscal year which covers the time period of July 1
st through June 30 th of each year. Resources and
activities are selected specifically to address the priority needs outlined in the Strategic Plan portion of the 2021-2025 adopted Con solidated Plan. The City attempts to address affordable housing, homelessness and non-housing priority needs though the implementation of the City services and programs and/or the formation of partnerships with other governmental jurisdictions and non-profit organizations.
Community Development Block Grant (CDBG) Funding
maintenance and sustainability of affordable housing.
It is staff’s recommendation that the City’s CDBG funding for fiscal year 2022-2023 be allocated pursuant the funding breakdown outlined below. A more detailed explanation of the programs can be found in the Annual Action Plan (AAP) (attachment A). These numbers represent the annual allocation of $657,000 plus program income of $130,000 and carryover of $1,000,000 for a total of $1,787,000.
Program Administration $ 131,400
Residential Rehabilitation $ 900,000
Temporary Relocation $ 5,000
Affordable Housing $ 530,600
Public Improvements $ 100,000
Public Services $ 120,000
$1,787,000 (estimated)
Under the CDBG program, the City can award up to 15% of its annual allocation to public services plus an additional 15% of its program income generated from the previous year. The estimated funding for FY 2022-2023 is $120,000. This portion of the entitlement CDBG funds are recommended for activities to be carried out by community non-profit organizations based on a competitive application process.
A request for funding proposals was made available to non-profit agencies providing services to low- and moderate-income Turlock households. Applications were made available online and a technical assistance workshop was provided by staff to those interested in applying. Nine applications were received and provided presentations to a council appointed committee for review and scoring. The funding recommendations and agreements will be presented to council at a later date for approval.
HOME Investment Partnership Program (HOME) Funding
At the request of Council, the City of Turlock will no longer serve as the Lead Entity for the City of Turlock/Stanislaus County HOME Consortium. The City of Turlock remains responsible for the prior year’s funding and the timeliness expenditure of those funds as well as the ongoing management of projects that were funded during the City of Turlock/Stanislaus County HOME Consortium term from fiscal year 2000-2001 through 2021-2022. Any carryover (unspent funds) and program income funds during this period are available to members of the City of Turlock/Stanislaus County HOME Consortium for projects within their communities.
Agenda Staff Report
05/10/2022
As CDBG funding levels are projected to remain similar to the prior year at $657,000, staff is proposing the available funds continue to be invested in affordable housing, temporary relocation assistance, public services, fair housing activities, public improvements and administration. CDBG funds are earmarked to service low- and moderate-income households in the City and have been effectively used to assist with the elimination of blighted conditions, while also contributing towards the creation, Agenda Staff Report
05/10/2022
Stanislaus County is currently applying to HUD for the creation of a new HOME Consortium as the Lead Entity with Turlock as a par tner. Turlock anticipates receiving an estimated allocation from Stanislaus County in t he amount of $138,879 for programs and $0.00 for administration.
It is staff’s recommendation that the City’s HOME f unding for fiscal year 2022-2023 be allocated pursuant the funding breakdown outlined b elow. These numbers represent the estimated allocation of $138,879, program incom e of $110,000 and carryover of $5,067,979 for a total of $5,316,858.
Residential Rehabilitation $ 100,000
Affordable Housing (includes Community
Housing Development Organization funds) $4,916,8 58
First Time Home Buyer $ 300,000
$5,316,858 (estimated)
The Annual Action Plan covers the proposed activiti es, revenue, and expenditures for the CDBG and HOME funds. Staff proposes to continu e the existing Housing Rehabilitation Program, Public Service Grants Progr am, affordable housing activities, public improvements, fair housing activities, and a limited amount of First Time Home Buyers activities as well as administration costs.
As part of the CDBG and HOME program requirements, staff has opened up the Annual Action Plan for 30 days for public comment. The AAP was made available for comment beginning April 7
th and concluded on May 6 th . There were two (2) zoom community meetings and two (2) presentations made t o community groups during this period as well. The May 10 th Council meeting, public meeting, will make a total of five (5) meetings that will have been held for review an d comment. Any comments received during the comment period including the Co uncil meeting will be included in the Final Annual Action Plan that will be submitted to HUD.
4. BASIS FOR RECOMMENDATION:
A. HUD has awarded the City of Turlock CDBG and HOM E funds to carry out activities that benefit low- and moderate-income persons. The proposed Annual Action Plan provides the vehicle to obtain the fede ral funds for the proposed activities.
5. FISCAL IMPACT / BUDGET AMENDMENT:
Fiscal Impact
Proposed Fiscal Year 2022-2023 activities will be f unded with CDBG, City of Turlock/Stanislaus County HOME Consortium and Stani slaus County HOME Consortium funds. Due to the City of Turlock no lo nger being the Lead of the Agenda Staff Report
05/10/2022
Consortium, the administrative funding allocation w ill now be made available to Stanislaus County, the new Lead agency, creating a funding shortfall for the City of Turlock Housing Division staffing costs. A projecte d General Fund subsidy of approximately $50,000 for FY 2022-2023 will be brou ght forward for Council consideration as part of the annual budget process.
6. STAFF RECOMMENDATION:
Staff recommends approval of the Annual Action Plan.
7. CITY MANAGER’S COMMENTS:
Recommend Approval.
8. ENVIRONMENTAL DETERMINATION:
The City is allocating proposed funding for program s and projects, subject to future approval from HUD and awarding entering into contra cts for specific projects. The City is not committing funding to or undertaking any pro ject in a manner that will have an adverse environmental impact that forecloses reason able alternatives or mitigation measures that would ordinarily be part of NEPA or CEQA review for any project.
As part of the HUD process for releasing CDBG funds to the City, before the City commits to funding to or awards or enters into a co ntract for a project and when more meaningful information for environmental assessment is available for certain of the anticipated projects, the City will comply with the applicable requirements of NEPA and/or CEQA for each project [24 C.F.R. section 58. 22(a) and 14 C.C.R. SECTION 150049(b)].
9. ALTERNATIVES:
A. If City Council chooses not to approve the propo sed Annual Action Plan, the City of Turlock will not receive a CDBG annual allocation o r be able to utilize its carry over funding for Fiscal Year 2022-2023. The City would also be unable to utilize its City of Turlock/Stanislaus County HOME Consortium carry-over funds.
10. Attachments:
A. Draft Resolution
B. Annual Action Plan
Attachment A
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
A RESOLUTION OF THE CITY COUNCIL } RESOLUTION NO. 2022- OF THE CITY OF TURLOCK APPROVING }
AND AUTHORIZING THE FISCAL YEAR }
2022-2023 ANNUAL ACTION PLAN FOR }
THE COMMUNITY DEVELOPMENT BLOCK }
GRANT PROGRAM (CDBG) AND HOME }
INVESTMENT PARTNERSHIP PROGRAM }
(HOME), AUTHORIZING THE SUBMISSION }
OF THE ANNUAL ACTION PLAN TO HUD, }
AND AUTHORIZING THE CITY MANAGER }
OR DESIGNEE TO EXECUTE ALL RELATED }
AND NECESSARY DOCUMENTS. }
___________________________________ }
WHEREAS, the City of Turlock receives federal grant funds from the United States Department of Housing and Urban Development (HUD) for affordable housing and related activities with the City of Turlock; and
WHEREAS, the City of Turlock is an entitlement City under t he Community Development Block Grant (CDBG); and
WHEREAS, the City of Turlock, as the previous Lead of the C ity of Turlock/Stanislaus County HOME Consortium remains responsible for management and expenditures of funding from the grants received from fiscal year 2000-2001 through 2021- 2022; and
WHEREAS, the City of Turlock, as a partner, of the Stanisla us County HOME Consortium is eligible to receive HOME funds beginning fiscal year 2022-2023; and
WHEREAS, the Housing and Community Development Act of 1974, as amended, requires local governments to formulate a Consolida ted Plan as part of the eligibility requirements for CDBG and HOME funds; and
WHEREAS, the Consolidated Plan is a five-year strategy to ad dress community needs as identified by staff and community resident s; and
WHEREAS, the five-year Consolidated Plan is implemented through Annual Action Plans which describe the resources available to address the community needs of low and moderate income residents in Turlock and which detail the federally funded activities that will be undertaken during the next fiscal year; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve and authorizes the submission of the Fiscal Year 2022-2023 Annual Action Plan to HUD for the Community Development Bl ock Grant Program (CDBG) and HOME Investment Partnership Program (HOME), and Aut horizing the City Manager or designee to execute all related and necessary documents.
Resolution No. 2022-
PASSED AND ADOPTED at a regular meeting of the City Council of the Ci ty of Turlock this 10
th day of May, 2022, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
___________________________
Julie Christel, City Clerk,
City of Turlock, County of Stanislaus,
State of California
City of Turlock
Annual Action Plan
For CDBG funds
&
Turlock/Stanislaus Urban County
HOME Consortium funds
Fiscal Year 2022-2023
Approval by the Turlock City Council on (Pending) May 10, 2022 Submittal to U.S. Department of Housing and Urban Development (Pending) May 12, 2022
Prepared by the City of Turlock
Housing Program Services Division
156 South Broadway, Suite 140 Turlock, CA 95380
(209) 668-5610 – Fax (209) 668-5120 – TDD 1 (800) 735-2929 www.cityofturlock.org
DRAFT Plan for Review
Attachment B
Contents
Annual Action Plan ........................................................................................................................................ 3 AP-15 Expected Resources ........................................................................................................................ 3 AP-20 Annual Goals and Objectives .......................................................................................................... 6 AP-35 Projects ........................................................................................................................................... 9 AP-38 Project Summary .......................................................................................................................... 10 AP-50 Geographic Distribution ............................................................................................................... 21 AP-55 Affordable Housing ....................................................................................................................... 21 AP-60 Public Housing .............................................................................................................................. 22 AP-65 Homeless and Other Special Needs Activities .............................................................................. 24 AP-75 Barriers to affordable housing...................................................................................................... 27 AP-85 Other Actions ................................................................................................................................ 28 AP-90 Program Specific Requirements ................................................................................................... 34
Annual Action Plan
AP-15 Expected Resources
Introduction
The Annual Action Plan for Fiscal Year 2022-2023 includes information for the City of Turlock as well as the City of Turlock/ Stanislaus County HOME Consortium (HOME Consortium). The City of Turlock has determined that it no longer could act as the Lead Entity for the HOME Consortium and elected to disband the HOME Consortium and allow Stanislaus County to create a new HOME Consortium. The City of Turlock will become a partner of the new HOME Consortium in the upcoming fiscal year. All of the information included in this Plan related to the HOME Consortium includes all funding from previous years grants and revenues. Amendments to the AAP will be made as needed. (At the time of drafting this AAP, Fiscal Year 2022 allocations from HUD have not been announced, therefore estimates in AP-15 are used. The exact allocation will replace these estimates once determined and before submitting this plan to HUD. To adjust for any increase or decrease in the funding, to match the actual allocation amounts funds will be applied or reduced to the proposed activity budgets for CDBG to Affordable Housing and to Consortia HOME to Affordable Housing.)
During the five-year Con Plan period, the Stanislaus Urban County expects to receive approximately $2.3 million annually in CDBG funding, for a five-year total of $11.5 million. During the five-year Con Plan period, the Stanislaus Urban County expects to receive approximately $200,000 annually in ESG funding, for a five-year total of $1.0 million. In addition, Stanislaus County, as the Administrative Entity (AE) for the local CoC for the state CA-ESG program, expects to use $1.3 million within the next five years. Stanislaus County is the Administrative Entity (AE) on behalf of the CoC for the state’s California Emergency Solutions and Housing (CESH) and the California Emergency Solutions Grant (CA-ESG) program.
Stanislaus County also expects to use $300,000 in CalHome Program Income for housing related activities and administration costs over the five- year Con Plan period.
During the five-year Con Plan period, the City of Turlock expects to receive $650,000 annually in CDBG funding, for a five-year total of $3.25 million. The HOME Consortium also anticipates an estimated $1.2 million in annual HOME funds, for a five-year total of $6.0 million. The City of Turlock expects to use $1,000,000 in CalHome funding for housing activities and administrative costs over the five-year Con Plan period.
It is important to understand that during the development of this Consolidated Plan, the County, all Urban County Cities, and the City of Turlock were put in a position to react to the unique coronavirus, COVID-19. In April 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES). The CARES allocated CDBG and ESG funds to entitlement grantees to be used to respond the COVID-19 outbreak, navigating the varied impacts. Stanislaus Urban County received CDGB and ESG funds, and the City of Turlock received CDBG funds. This strategic Plan and the subsequent 2022 Annual Action Plan will address how those funds plan to be used.
Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount Available
Remainder of
ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and Planning
Economic Development
Housing
Public Improvements
Public Services
$657,000 130,000 1,000,000 1,787,000 3,361,000 2022 HUD award estimates. Funds will be
utilized for affordable
housing, temporary
relocation assistance,
infrastructure, Fair
Housing, Public Services,
and Administration.
HOME public -
federal
Acquisition
Homebuyer assistance
Homeowner rehab
Multifamily rental new
construction
Multifamily rental
rehab
New construction for
ownership
TBRA
$138,879 110,000 5,067,979 5,316,858 5,434,616 2022 HUD award estimates. Funds will be
utilized for affordable
housing, rehabilitation,
and down-payment
assistance for first-time
homebuyers.
Other Public-
federal
Economic Development
Public Services
0 0 741,302 741,302 0 CDBG: CARES Community
Emergency Response
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
Leveraging HUD funding allows the City and City of Turlock/ Stanislaus County HOME Consortium (HOME Consortium) to bring in local, state, and other sources to combine with federal financial resources to maximize the reach and impact of the City's HUD-funded programs. The Federal HOME program requires a matching contribution from non-federal resources of at least 25 percent of program disbursements. This is equivalent to $1 of non-federal funds for every $4 of federal HOME funds.
City of Turlock will continue to use State HOME and CalHome Program Income as additional funding sources for the first-time home buyer program. In previous years the city received grant funds from the State for HOME and CalHome programs.
In previous years, combinations of Redevelopment Agency Housing Set-Aside funds, as well as Low-Income Housing Tax Credits have been used to construct rental housing or rehabilitation projects. Some of these funds were eligible and used as matching for the HOME program. Turlock and the HOME Consortium will continue to look for other funds to match and leverage CDBG and HOME funds.
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The City of Turlock Redevelopment Agency owns a parcel with a small office building. The building is currently leased for $1.00 per year to Haven Women’s Center. The intent of the five-year lease has been to bring much needed anti-domestic violence services to City of Turlock and overcome the transportation barrier of clients and families traveling the 15 miles to Modesto to get to much needed services.
AP-20 Annual Goals and Objectives
Goals Summary Information
# Goal Name Start
Year
End
Year
Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
1 Increase and
Improve Supply of
Affordable Housing
2020 2024 Affordable
Housing
Turlock
Ceres
Hughson
Newman
Oakdale
Patterson
Waterford
Unincorporated
Stanislaus County
Riverbank
Affordable Housing CDBG:
$530,600
HOME:
$5,316,858
Rental units
rehabilitated: 10
Household Housing
Unit Homeowner
Housing
Rehabilitated 14
Household Housing
Unit
Direct Financial
Assistance to
Homebuyers: 12
Households Assisted
2 Work to End and
Prevent
Homelessness
2020 2024 Homeless Turlock
Homeless Services CDBG:
$10,000
Homeless Person
Overnight Shelter:
275 persons
Assisted
Other: 1 Other
3 Improve
Infrastructure and
Public Facilities
2020 2024 Non-Housing
Community
Development
Turlock Public
Infrastructure and
Facility
Improvement
CDBG:
$100,000
Public Facility or
Infrastructure
Activities for
Low/Moderate
Income Housing
Benefit: 1 facility
4 Provide Public
Services
2020 2024 Homeless
Non-Homeless
Special Needs
Turlock Public Services
CDBG:
$120,000
Public service
activities for
Low/Moderate
income Housing
Benefit: 1,594
Households Assisted
6 Administration 2020 2024 Administration Turlock
Public
Infrastructure and
Facility
Improvement
Homeless Services
Public Services
Affordable Housing
Community and
Economic
Development
Public Services
Homeless Services
Community
Emergency
Responses
CDBG:
$131,400
HOME: $.00
Other: 1 Other
Goal Descriptions
1 Goal Name Increase and Improve Supply of Affordable Housing Goal Description This goal will work to acquire real property and/or units in order for them to be used to increase the number of affordable housing units in Turlock. Projects under this goal will support both renter- and owner-occupied units in rehabilitation in the aim to increase the value and bring the housing unit up to code. The City will offer loans and grants to maintain single and multifamily affordable housing stock for low- and moderate-income households. Projects under this goal may also provide first-time homebuyer assistance.
2 Goal Name Work to End and Prevent Homelessness
Goal Description Funding towards this goal will support organizations providing shelter and services for those experiencing homelessness; this goal may include emergency shelter, transitional, permanent supportive, and rapid re-housing services.
3 Goal Name Improve Infrastructure and Public Facilities Goal Description This goal may provide funding for projects that will improve sidewalks, streets, curbs, gutters, and sewers.
4 Goal Name Provide Public Services
Goal Description This goal will address basic needs as well as provide important services to the community. Projects and activities under this goal may provide meals as congregate sites and provide recreational services, 5 Goal Name Community Emergency Response Program
Goal Description Projects under this goal will support small businesses and agencies address community emergency needs as a result of pandemic related issues.
6 Goal Name Administration
Goal Description Administration for CDBG and HOME programs.
AP-35 Projects
Introduction
As shown in the previous section, AP-20 Annual Goals and Objectives, Stanislaus Urban County, the City of Turlock, and the HOME Consortium have identified goals to address housing and community development needs for Fiscal Year 2022-2023. During this year, the Urban County, the City of Turlock and the HOME Consortium will work towards achieving all of the goals outlined above. Below are the proposed projects funded with FY 2022-2023 federal funding from the Community Development Block Grant (CDBG) and the HOME Investment Partnerships Program (HOME)
# Project Name
1 Housing Rehabilitation (CDBG) 2022-2023
2 Temporary Relocation (CDBG) 2022-2023
3 We Care Program -Turlock (CDBG-PSG) 2022-2023
4 United Samaritans Foundation-Food Box (CDBG-PSG) 2022-2023 5 United Samaritans Foundation-Senior Meals (CDBG-PSG) 2022-2023 6 City of Turlock Recreation (CDBG-PSG) 2022-2023
7 Center for Human Services (CDBG-PSG) 2022-2023
8 Project Sentinel (Fair Housing) (CDBG-PSG) 2022-2023
9 Public Service Emergency Payments (CDBG) 2022-2023
10 Public Improvements (CDBG) 2022-2023
11 Affordable Housing Development (CDBG) 2022-2023
12 Program Administration (CDBG) 2022-2023
13 Consortium Affordable Housing (HOME) 2022-2023
14 Housing Rehabilitation (HOME) 2022-2023
15 First Time Home Buyer Loans (HOME) 2022-2023
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs There are three specific HUD goals for the CDBG program. They are:
Provide decent housing
Provide a suitable living environment
Expand economic opportunities
The Priority Needs section within this Consolidated Plan identifies the key priority needs in both the Urban County and the City of Turlock. These priority needs are reflected in the projects identified above. More specifically, the needs expressed by data in the Needs Assessment and Market Analysis are taken into account when considering projects to allocate resources to.
Obstacles in addressing underserved needs are:
A lack of available funds and resources
The constraints and restrictions of the funding programs requirements AP-38 Project Summary
Project Summary Information
Project Name 1. Housing Rehabilitation (CDBG) FY 2022-2023 Target Areas Turlock
Goals Supported Increase and Improve Supply of Affordable Housing Needs Addressed Affordable Housing
Funding CDBG: $900,000
Description Rehabilitation of existing housing in Turlock with loans and grants to maintain single and multifamily affordable housing. (Matrix code: 14A: Single-Unit Residential, National Objective: LMH, Regulatory Citation: 570.202) Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
10 families
Location Description City of Turlock
Planned Activities Rehabilitation of existing housing in Turlock FY 2022-2023
Project Name 2. Temporary Relocation (CDBG) FY 2022-2023 Target Areas Turlock
Goals Supported Increase and Improve Supply of Affordable Housing Needs Addressed Affordable Housing
Funding CDBG: $5,000
Description Funding for temporary relocation of households undergoing housing rehabilitation. These funds are used to provide assistance with the costs of temporary relocation during construction of their homes.
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
3 families
Location Description City of Turlock
Planned Activities Temporary relocation for Turlock projects
Project Name 3. We Care Program- Turlock (CDBG-PSG) FY 2022-2023 Target Areas Turlock
Goals Supported Provide Public Services
Needs Addressed Public Services
Funding CDBG: $10,000
Description The We Care Program serves chronically homeless men over the age of 18. The shelter has the capacity to shelter 49 men at night. The shelter provides a safe and stable environment for individuals who would otherwise be sleeping on the street or in places not meant for human habitation. (Matrix code: 05Z Other Public Services, National Objective: LMC, Regulatory Citation: 570.201(e)) Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
275 Homeless men over 18 years old
Location Description City of Turlock
Planned Activities Emergency Men’s Shelter
Project Name 4. United Samaritans Foundation- Food Box (CDBG-PSG) FY 2022-2023 Target Areas Turlock
Goals Supported Provide Public Services
Needs Addressed Public Services
Funding CDBG: $10,000
Description The food box program provides food assistance to income eligible individuals and families in Turlock who are experiencing food insecurity and lack sufficient quantities of food. Food boxes are distributed on the last Tuesday and Friday of every month. Homeless individuals are eligible for a food box every month. Each box is filled with ample provisions to feed every person in the family three meals a day for three days. (Matrix code: 05Z Other Public Services, National Objective: LMC, Regulatory Citation: 570.201(e)) Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
1,200 People/725 Households
Location Description City of Turlock
Planned Activities Emergency food box program
Project Name 5. United Samaritan’s Foundation- Senior Congregate Lunch (CDBG-PSG) FY 2022-2023 Target Areas Turlock
Goals Supported Provide Public Services
Needs Addressed Public Services
Funding CDBG: $10,000
Description The senior congregate meal program aims to provide age-appropriate nutrient dense mid-day meals to residents 60 years of age and older. The congregate meals offer comprehensive nutritionally planned meals and a social element to help seniors create friendship and relationships. (Matrix code: 05Z Other Public Services, National Objective: LMC, Regulatory Citation: 570.201(e))
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
35 Individuals/families
Location Description City of Turlock
Planned Activities Senior Congregate Meal Program
Project Name 6. City of Turlock Recreation (CDBG-PSG) FY 2022-2023 Target Areas Turlock
Goals Supported Provide Public Services
Needs Addressed Public Services
Funding CDBG: $10,000
Description Turlock Recreation Services strengthens the community’s fabric, health and well-being, economic base, and security. Through quality programming and implementation, Recreation Services provides safe, supervised activities for residents of all ages. Families and individuals have the opportunity to enhance their lives by participating in fitness programs, support activities, family events, community traditions, arts, social and educational activities, and a wide range of enrichment classes. Scholarships are available for participation.
Participants must be 18 years of age or younger or 62 years of age and older. (Matric code: 05Z Other Public Services, National Objective: LMC Regulatory Citation: 570.201(e)) Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
25 Households/50 Individuals
Location Description City of Turlock
Planned Activities Recreation for all scholarship program
Project Name 7. Center for Human Services (CDBG-PSG) FY 2022-2023 Target Areas Turlock
Goals Supported Provide Public Services
Needs Addressed Public Services
Funding CDBG: $10,000
Description Street outreach and navigation/case management services specifically targeted toward Turlock youth, ages 13-24 years of age who are homeless and unsheltered. (Matrix code: 05Z Other Public Services, National Objective:
LMC, Regulatory Citation: 570.201(e))
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
15 Individuals
Location Description City of Turlock
Planned Activities Street Outreach and navigation of homeless youth
Project Name 8. Project Sentinel (CDBG-PSG) FY 2022-2023 Target Areas Turlock
Goals Supported Provide Public Services
Needs Addressed Public Services
Funding CDBG: $10,000
Description Project Sentinel will provide comprehensive Fair Housing services of complaint investigation, community outreach and education, problem solving and dispute resolution. Fair Housing is achieved by informing the community and target populations about fair housing and the respective housing rights and responsibilities. Complaint/problem resolutions are achieved through education, conciliation and enforcement referral. Services are provided by trained counselors who advise callers of their rights and help the parties reach resolutions, civil rights protection, rescind evictions, refunded deposits, improved code compliance, privacy rights respected, and predatory lending practices averted. (Matrix Code: 05J Fair Housing Activities-subject to Public Services cap, National Objective:
LMC, Regulatory Citation: 570.201(e))
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
7 Individuals/5 case files along with community outreach and education.
Location Description City of Turlock
Planned Activities Fair Housing Services
Project Name 9. Public Service Emergency Payments (CDBG) FY 2022-2023 Target Areas Turlock
Goals Supported Provide Public Service
Needs Addressed Public Services
Funding CDBG: $60,000
Description Emergency payments on behalf of households for the purpose of preventing homelessness. Includes utility and rent/mortgage payments to prevent eviction. A maximum of three (3) months will be offered for the prevention of homelessness
(Matrix code: 05Q Subsistence Payments, National Objective: LMC, Regulatory Citation: 570.201(e) and exception 570.207(b)(4))
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
12 Households
Location Description City of Turlock
Planned Activities Emergency Assistance
Project Name 10. Public Improvements (CDBG) FY 2022-2023 Target Areas Turlock
Goals Supported Improve Infrastructure and Public Facilities Needs Addressed Public Infrastructure and Facility Improvement Funding CDBG: $100,000
Description Assisting with Handicapped accessibility and energy efficiency improvements to Senior Center Facility (Matrix code: 03A Senior Centers, National Objective: LMC, Regulatory Citation: 570.201(c)) Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
1 Facility
Location Description City of Turlock
Planned Activities Public Improvement
Project Name 11. Affordable Housing Development (CDBG) FY 2022-2023 Target Areas Turlock
Goals Supported Increase and Improve Supply of Affordable Housing Needs Addressed Affordable Housing
Funding CDBG: $530,600
Description Acquisition and or rehabilitation of real property for affordable housing. Property will be acquired and rehabilitated to meet basic housing standards. Acquisition of this property will help increase and maintain the affordable housing stock in Turlock. (Matrix code: 01 Acquisition of Real Property, National Objective: LMH, Regulatory Citation: 570.201)
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
2 families/households
Location Description City of Turlock
Planned Activities Affordable Housing
Project Name 12. Program Administration (CDBG) FY 2022-2023 Target Areas Turlock
Goals Supported Administration
Needs Addressed Public Infrastructure and Facility Improvement Affordable Housing
Community and Economic Development
Public Services
Homeless Services
Community Emergency Responses
Funding CDBG: $131,400
Description Program Administration
Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
N/A
Location Description City of Turlock
Planned Activities Program Administration
Project Name 13. Consortium Affordable Housing (HOME) FY 2022-2023 Target Areas Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Waterford, Unincorporated Stanislaus County Goals Supported Increase and Improve Supply of Affordable Housing Needs Addressed Affordable Housing
Funding HOME: $4,756,858
Description Acquisition of property and or land for the development of affordable housing. Acquire and or rehabilitate properties and or covenants to provide affordable rental housing to income eligible clients. Properties may be transferred to non-profit agencies to provide property management services. (Regulatory Citation: 92.205) Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
2 families/units
Location Description HOME Consortium service area
Planned Activities Acquisition of property and or land for the development of affordable housing.
Project Name 14. Housing Rehabilitation (HOME) FY 2022-2023 Target Areas Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Waterford, Unincorporated Stanislaus County Goals Supported Increase and Improve Supply of Affordable Housing Needs Addressed Affordable Housing
Funding HOME: $100,000
Description Consortium wide housing rehabilitation for both owner and renter occupied units and delivery costs. The Consortium will offer loans and grants to maintain single and multifamily affordable housing stock for low to moderate income clientele. The program serves as a way to preserve and maintain affordable housing units.
Rehabilitate existing housing (Regulatory Citation: 92.205) Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
4 families/units
Location Description HOME Consortium service area
Planned Activities Consortium wide housing rehabilitation for both owner and renter occupied units and delivery costs.
Project Name 15. First Time Home Buyer Assistance (HOME) FY 2022-2023 Target Areas Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Waterford, Unincorporated Stanislaus County Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding HOME: $300,000
Description First Time Home Buyer Assistance. Down payment assistance program for first time home buyers. HOME funds will be provided to income eligible clients for the purchase of their first home. Funds can be used for down payment and or closing costs associated with the loan. (Regulatory Citation: 92.205) Target Date 6/30/2023
Estimate the number and
type of families that will
benefit from the
proposed activities
6 families/households
Location Description HOME Consortium service area
Planned Activities Down payment assistance program for first time home buyers.
AP-50 Geographic Distribution
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Stanislaus County and Turlock do not have plans to pursue any official HUD designated geographic based priority areas. Funds will be allocated within each jurisdiction based on program eligibility and in accordance with priority needs and goals outlined in this section.
There are three specific HUD goals for the CDBG program. They are:
· Provide decent housing
· Provide a suitable living environment
· Expand economic opportunities
The Priority Needs section within this Consolidated Plan identifies the key priority needs in both the Urban County and the City of Turlock. These priority needs are reflected in the projects identified above.
More specifically, the needs expressed by data in the Needs Assessment and Market Analysis are taken into account when considering projects to allocate resources to.
Obstacles in addressing underserved needs are:
· A lack of available funds and resources
· The constraints and restrictions of the funding programs requirements
AP-55 Affordable Housing
Introduction
The tables in this section provide estimates on the number of homeless, non-homeless, and special needs households to be provided affordable housing during the program year and the number of affordable units that will be provided by program type, including rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units.
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 0
Special-Needs 4
Total 4
One Year Goals for the Number of Households Supported Through Rental Assistance 12
The Production of New Units 0
Rehab of Existing Units 8
Acquisition of Existing Units 3
Total 23
Discussion
Housing assistance and programs were identified as a community need via the Consolidated Plan process. In Fiscal Year 2022-2023, the City of Turlock and the HOME Consortium will continue to use funds available to address the variety of housing needs within the jurisdiction. Although the City of Turlock and the HOME Consortium have identified housing assistance and housing programs as priorities, the City of Turlock and HOME Consortium members’ ability to contribute toward the provision and development of affordable housing programs/projects has been drastically limited both by the State of California’s elimination of redevelopment agencies which was the most significant tool for the provision of affordable housing, economic development, job creation, and elimination of blight, as well as by the steadily increasing price of the housing market in terms of land, labor, construction, and materials.
AP-60 Public Housing
Introduction
The City of Turlock, Stanislaus Urban County, and the Stanislaus Regional Housing Authority (Housing Authority) continue to have a close working relationship and meet on an as-needed basis to discuss concerns relevant to public housing and other housing matters. The Housing Authority has three public housing developments in Turlock in addition to the more than 1,000 Housing Choice Vouchers in use in Turlock. The City will continue to work with the Housing Authority and other public and private housing and social service agencies to foster public housing improvements and resident initiatives.
Actions planned during the next year to address the needs to public housing The Housing Authority’s mission is committed to addressing the unmet housing needs of residents and communities in the county, consistent with Federal, State, and local law. The Housing Authority owns and operates public housing units in addition to operating the Housing Choice Voucher Program.
The Housing Authority operates 647 conventional public housing units throughout Stanislaus County in five Asset Management Properties (AMP). AMP 1 contains a total of 149 units located in Oakdale, Turlock, Ceres, and Hughson. AMP 2 contains a total of 66 units located in Newman, Patterson, and Westley. The remaining 432 units are located in AMPs 3, 4, and 5 in the City of Modesto.
The Housing Authority operates several affordable housing programs in addition to Public Housing, including year-round Farm Labor Housing, Seasonal Migrant Farm Worker Housing, and several smaller affordable housing properties including units funded under the Neighborhood Stabilization Program and the Housing Choice Voucher Program. These affordable housing programs will continue to operate in the 2022-2023 program year.
The Housing Authority is always working to increase the stock of affordable housing in Stanislaus County through other available resources, programs, and partnerships as opportunities arise.
Actions to encourage public housing residents to become more involved in management and participate in homeownership
The Housing Authority previously implemented a services and communication “quality control” system that provides the Housing Authority with immediate customer feedback and identifies areas that may need improvement. The Housing Authority has also implemented a resident education program with regularly scheduled meetings and written communications on agency policy, rules, and leases.
Efforts to improve communications with residents and program participants include on site resident training/informational meetings, regular newsletters and flyers.
Efforts to improve communications with residents and program participants include: on site resident training/informational meetings, regular newsletters and flyers. The Housing Authority has implemented a “curbside” appearance program. The focus of the program is the exterior of buildings, parking areas, play grounds and other areas of the complexes. Rodent and insect problems are addressed when residents report a problem and/or on Annual Inspections. In an effort to better education residents concerning these problems, information is regularly provided through the Housing Authority newsletter.
These actions have assisted the Housing Authority in creating an atmosphere which emphasizes customer satisfaction and communication.
Further, the Housing Authority has a Resident Advisory Board (RAB) which represents the residents assisted by the agency. The RAB assists in the development of the Housing Authority’s five-year Plan.
Resident involvement will continue to be supported in an effort to enhance the service delivery by taking into account input from those with lived experience.
These actions have assisted the Housing Authority in creating an atmosphere which emphasizes customer satisfaction and communication.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The Housing Authority is not designated as a troubled Housing Authority.
AP-65 Homeless and Other Special Needs Activities
Homeless services are a high priority and homeless prevention activities are a medium priority. The ultimate goal is to increase housing stability and decrease incidents of homelessness in Stanislaus County by targeting funds to populations most in need, meeting both the immediate and long-term needs of the homeless, and avoiding the duplication of services by coordinating with service providers and the CoC. The focus of CoC funding has been to provide permanent supportive housing (PSH) for the chronically homeless, homeless veterans, and for homeless youth out of foster care.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
While the primary source of homeless funds in the Stanislaus Urban County is ESG funds, the City of Turlock is not an ESG entitlement jurisdiction. The City of Turlock’s strategy remains in assisting and building the capacity of local nonprofits that provide services to the homeless. The City of Turlock will continue to engage those nonprofits in projects that build both capacity as well as options for them to generate nonfederal match to compete for ESG funds from Stanislaus Urban County.
The CoC will continue the implementation of the Coordinated Entry System (CES) as the to match those individuals experiencing homelessness to the services that best suit their needs including connecting homeless to housing opportunities. The CoC formed a CES Task Force that will continue to meet regularly to assist with the continued evolution and implementation of the CES and address any issues that arise. The CoC will provide continued training for participating service providers and continue developing any necessary tools to effectively manage the system. This matching of appropriate needs is the most effective use of resources and minimizes bottlenecks in the service delivery system.
The CoC has several programs that focus on outreach and individuals and family engagement. The Community Assessment, Response, and Engagement (CARE) Team’s mission is to facilitate the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within Stanislaus County subject to the provisions of the Welfare and Institutions Code (WIC) section 18999.8.
This WIC Code section was added effective January 1, 2018, to authorize California counties to establish multidisciplinary personnel teams to address homelessness within the county. Every CARE Team member is tasked with conducting outreach and engagement. The strength of the CARE Team comes from the ability to leverage experience and expertise from multiple disciplines when assisting a CARE client. During the initial and on-going client contacts, rapport is developed, and client issues are identified and prioritized. When issues are general, CARE Team members will link the client to a resource; whereas when the need is more specific, the relevant team member provides specialized care.
For example, when the CARE Team identifies a CARE client who has agreed to take a mental health assessment, the CARE Team clinician will respond to the location to provide brief counseling, and schedule and conduct the mental health assessment. The need for this type of service was identified during the CARE planning process, and by implementing this, the CARE program is utilizing an innovative approach to meet the needs of the CARE population.
Designed as a first step in a Continuum of Care (CoC) plan of assistance, the ESG program strives to address the immediate needs of persons residing on the street and needing emergency shelter and transitional housing, as well as assisting their movement to independent living. While flexible in terms of serving all homeless subpopulations and preventing persons from becoming homeless, ESG program legislation and implementing regulations limit the types of activities and amounts of funds that can be spent on different activities.
Addressing the emergency shelter and transitional housing needs of homeless persons All individuals and families receiving services through the CoC are receiving care that is individualized.
Meaning whether the individual/family is in an emergency shelter or a transitional shelter the most effective support the CoC can offer is that which directly meets the needs of the individual/family as opposed to a “one-sized-fits-all” type of support.
The service providers and stakeholders involved in the CoC meet monthly to discuss issues and concerns that arise, this discussion may also include a look forward to needs and gaps experienced by a specific sub-population. These meetings monthly meetings are an effective place to coordinate the support and care for those individuals and families that are in an emergency shelter or a transitional shelter. Service providers, community members, faith-based organizations, government agencies make up the Turlock Community Collaborative (TCC). This group assist the Turlock is determining and addressing the needs of the homeless in the city. The TCC is a recognized committee of CoC.
Short-term strategies for addressing the emergency and transitional housing needs of homeless persons include but are not limited to the following:
Expanding street outreach efforts to prioritize the needs of persons living outside, especially those whose health is compromised.
Sustaining existing emergency shelter inventory and helping those in shelter exit to permanent housing through rental assistance and case management addressing specific barriers to obtaining and retaining housing.
Try to expand the capacity of non-profit agencies that assist emergency shelter and transitional housing.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The Stanislaus Urban County and City of Turlock Homeless Strategy places a high priority on providing rental assistance and housing relocation and stabilization services to persons and households experiencing homelessness. The City of Turlock recognizes that without ESG entitlement funding, the City must apply competitively through the State of California Department of Housing and Community Development (HCD). The City is working to assist nonprofits in building capacity so that they can effectively compete for ESG funds to serve the community.
The Continuum of Care (CoC) strategies encourage providing homeless households with housing quickly and in conjunction with supportive services which are of greatest need to support stable housing; other needs households may have should be addressed through existing mainstream resources available in the community. This reflects an emphasis on both homelessness prevention and rapid re-housing.
Permanent housing destinations generally include an apartment or house, permanent supportive housing, or living permanently with friends or family. A return to homelessness is indicated by a new entry in a homeless residential program (emergency shelter, transitional housing, rapid re-housing) within 365 days after exiting to permanent housing.
Ending the cycle of homelessness requires a combination of this rental assistance, homeless prevention, re-housing, and permanent supportive housing programs along with long-range homeless reduction strategies.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The State has policies in place that require health care facilities to participate in regional planning meetings and develop a specific document to identify best practices for the post-hospital transition of homeless patients, methods to establish and support effective communications between hospitals and stakeholders regarding this transition, and the identification of resources. Local health care facilities have specific protocols in place requiring a safe discharge for all patients. In 2008, the Stanislaus County Public Health Agency reestablished the task force to review the current protocol in place and address any gaps in services necessary to ensure successful discharge planning services. The Public Health Agency has become actively involved in the Continuum of Care (CoC) and working toward developing liaisons with housing services agencies in the CoC to update the existing discharge planning protocol. Currently in place there are discharge planning social workers on staff at the hospitals who work with service providers to locate appropriate housing and prevent the release of patients to the streets or to HUD McKinney-Vento funded emergency shelters, transitional, or permanent housing units.
Representatives from Behavioral Health and Recovery Services (BHRS) and the Community Services Agency (CSA) regularly attend the monthly CoC meetings and are active participants in discharge coordination planning, in particular for homeless individuals, throughout Stanislaus County, including Turlock.
For adults recently released from custody, Stanislaus County addresses housing issues through the Day Reporting Center (DRC). The Sheriff’s Department conducts Probation Orientation Meetings at the DRC in which several programs have participated in the past including Solidarity, Teen Challenge, and Gospel Mission. As a result of the CoC’s coordination with the Probation Department, the Stanislaus County Sheriff’s and Probation Departments also recently began a diversion program, where homeless individuals who would otherwise be jailed for minor crimes are able to stay at the Salvation Army shelter facility, where they receive shelter and case management services. Collaboration with public service providers and the Probation Department is ongoing.
AP-75 Barriers to affordable housing
Introduction
The Stanislaus Urban County works with the City of Turlock in efforts to provide affordable housing opportunities. One of the main barriers to affordable housing, both rental and homeownership, has been the supply of affordable housing units. For residents that are renting, the rents in the area have increased and made it difficult for renters to move or new renters to find housing units. In the area of homeownership, many residents are outpriced and cannot afford to purchase the homes that are available. Some of the barriers that impact the availability of affordable housing are outlined below.
Accessory Dwelling Units (ADUs): Separate living quarters on a property (also called a “granny flat” or “guesthouse” can add additional housing units into single-family residential neighborhoods.
Government regulations of ADUs can reduce or eliminate this housing development. Passage of numerous California legislative bills in 2017 and 2019 have eliminated many of the local impediments to the construction of ADU’s and all Urban County jurisdictions are working update their ordinance to comply with the State’s new ADU laws. In the interim state law prevails.
Shortage of Affordable Housing Funding: The availability of funding for affordable housing has dropped dramatically in the past decade for all jurisdictions in California that do not have local public or private housing funds. Dissolution of redevelopment agencies in the State of California in 2012, including the Modesto Redevelopment Agency, resulted in a significant drop in funding for housing projects.
Competition for tax credits and other State funding with cities in California and diminished amounts of HUD funding create a shortage of affordable housing.
Planning and Development Fees: Housing development imposes short- and long-term costs upon local government, such as the cost of providing site reviews, permitting and inspection, and maintaining General Plan and zoning regulations addressing housing development. Jurisdictions also charge impact fees to offset the cost of providing the infrastructure and public facilities that are required to serve new housing development. To help recoup costs and ensure that essential services and infrastructure are available when needed, Stanislaus County jurisdictions charge various types of development fees. The fee amounts vary based on the needs of each jurisdiction and the services provided.
The fees can be a significant factor in housing development throughout California, raising housing costs and disincentivizing new residential development, factors that contribute to statewide high housing costs. Among California jurisdictions, fees account for between six and eighteen percent of the price of housing. (Terner Center for Housing Innovation- UC Berkeley, It All Adds Up: The Cost of Housing Development Fees in Seven California Cities, March 2018.)
As a best practice, the public and developers should be able to access a jurisdiction’s current fee schedules to estimate fees as a part of total development project costs in advance.
Until 1978, property taxes were the primary revenue source for financing the construction of infrastructure and improvements for residential development in California. Proposition 13, passed in 1978, limited a local jurisdiction’s ability to raise property taxes and increasing reliance on other funding sources to provide infrastructure, public improvements, and public services. An alternative funding source widely used among local governments in California is the development impact fee, which is charged to the project developers/owners, for publicly provided infrastructure that supports the development, including water and sewer facilities, parks, and transportation.
Continued in "Discussion"
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Potential constraints to housing development vary by area throughout the Stanislaus Urban County, but generally include cost of infrastructure, residential development fees, development standards, land use entitlement processing times, and limited funding for affordable housing development. Barriers to housing also include personal barriers such as poor credit history, involvement with the law, limited knowledge about tenants’ rights and the complaints process.
Development Process: To expedite project facilitation and provide internal support to project applicants, the Stanislaus Urban County will continue to undertake efforts to build relationships between the Stanislaus Urban County and the development community to identify the barriers and constraints to the development of affordable housing to identify public/private partnership opportunities for the development of affordable housing.
Fee Structure: The Stanislaus Urban County will continue to review its fee systems as a means of reducing the cost of housing development. The Stanislaus Urban County members recognize that fees can affect the cost of construction of affordable housing in the community.
Subdivision Improvement Standards and Zoning Ordinance: The Stanislaus Urban County will review and provide input to modify Subdivision Improvements Standards, where reasonable and appropriate, to provide cost savings in the development of residential units while continuing to ensure the public health, safety, and welfare of residents.
Affordable Housing: The Stanislaus Urban County will continue to assign priority to educating the residents of Stanislaus County regarding the importance of providing affordable housing to support job growth. This will be done through public education, public participation, and fair housing information.
The Stanislaus Urban County and its member cities will continue to monitor constraints and where possible, undertake efforts that can address these constraints and their effect on the provision of affordable housing.
Discussion
For jurisdictions to charge an impact fee, the California Mitigation Fee Act requires that the jurisdiction demonstrate the “nexus” between the type of development in question and the impact being mitigated by the proposed fee, and that fee amount be proportional to the impact caused by the development.
Fees not covered by the California Mitigation Fee Act include inclusionary housing ordinance in-lieu fees, permit processing fees, utility connection fees, and fees included within specific development agreements between a jurisdiction and a developer.
Despite state law limiting direct impact fees, the fees can be a large part of a jurisdiction’s total fee requirements for housing development. Because developers tend to pass these fees onto the final housing owner, the effects of reducing these fees on housing affordability depend on the amount of the fee reduction and current home prices. Because the eventual owner bears the brunt of fees, high fees limit development of lower-cost housing more than higher-cost housing. (Terner Center for Housing Innovation- UC Berkeley, Current Practices and Policy Considerations to Improve Implementation of Fees Governed by the Mitigation Fee Act, August 2019)
A reduction in development fees for low-income housing may help these projects become financially feasible. A jurisdiction deferring development fees until a certain time after project completion can also help add flexibility the project’s upfront costs and assist in the development of low-income housing.
Municipal Processing Time:
The processing time required to obtain full approval of a development project is often cited as a contributing factor to the high cost of housing in the State of California Review and legislative approval, while often necessary steps in the development process, add to the cost of construction by increasing land holding costs and interest payments. Governments are not always able to control delays when multiple levels of government that must communicate, review, and approve plans, delays due to the schedule or timing of legislative boards of approval, or delays based on the amount of municipal staff capacity to review plans when demand for services is high.
Prevailing Wages:
Davis-Bacon prevailing wage must be paid to laborers when federal Community Development Block Grant (CDBG) dollars are used to pay for any construction project over $2,000 or on any multifamily housing project over eight units. Prevailing wage must also be paid on any HOME-funded multifamily housing project that directly funds twelve or more units. While competitive wages are currently high, Davis-Bacon wages may be higher and add additional cost to housing construction and rehabilitation activities.
California’s Prevailing Wage Law requires contractors to pay minimum wage rates on public works projects that support housing construction such as roads, water and sewer projects, and other public utilities. The rates are set by the California Department of Industrial Relations. These additional costs could add to local costs for housing development.
Expiration of Affordability Contracts:
Affordability contracts with private property owners have a time limit that runs out after a contractually- set number of years. Unless the affordability contracts are renewed with the property owner, the affordable rental housing units will expire and become market-rate housing.
AP-85 Other Actions
Introduction
The Stanislaus Urban County and the City of Turlock, through the Consolidated Consortium Plan, targets Federal funds to residents who have traditionally not been served, or are underserved by programs.
Project activities funded through the Consolidated Plan are carefully designed to provide appropriate and needed services, particularly to those who may not be eligible for assistance from other sources, or are geographically isolated by lack of transportation, or lack basic amenities, particularly medical care, in their neighborhoods.
Actions planned to address obstacles to meeting underserved needs One of the ongoing challenges in meeting the needs of the underserved is the lack of sufficient funding for services provided by local governments, non-profit organizations, and other agencies. Service providers faced with this challenge are expected to provide more and more services with the same, if not smaller, budgets every year. The Stanislaus Urban County and the City of Turlock will continue to seek funding opportunities through different sources, encourage projects or programs that leverage funds, and ensure that projects and programs are operated as effectively and efficiently as possible.
The Stanislaus Urban County and the City of Turlock will continue being an involved stakeholder in the CoC and the newly formed Stanislaus Homeless Alliance (SHA). These organizations both function to bring stakeholders and residents together to identify needs, service gaps, and potential solutions and partnerships to address housing and homelessness needs within the region.
The Housing Authority supports low- and moderate-income families throughout the region, and also play a key role in overcoming obstacles in meeting needs. Through working closely with the Housing Authority, Stanislaus Urban County and the City of Turlock, will continue to support the Housing Authority in their efforts to first identify needs and further meet those needs.
Actions planned to foster and maintain affordable housing As stated throughout the Con Plan and AAP, affordable housing is considered a high priority.
Accordingly, the use of the HOME funding is prioritized for the development and rehabilitation of affordable housing that serves low-income households. Affordable housing strategies include both development of new affordable housing units as well as the preservation/conservation of existing affordable housing units.
Turlock and its nonprofit partner EAH, Inc. proposes to develop Avena Bella Phase II, an affordable housing rental project. The City proposes to utilize layered financing which includes LIHTC financing, $1 million of Affordable Housing Sustainable Communities (AHSC) funds, $900,000 of Affordable Housing Program (AHP) Funds and $5 million of former Redevelopment Agency Housing Set Aside funds. Other funds, such as HOME funds may be used as needed to make the project competitive.
The City of Turlock and Stanislaus Urban County relies on private non-profit organizations and for-profit developers to acquire, develop, or rehabilitate affordable units. Turlock will be seeking distressed properties to renovate and create additional affordable housing units. The Stanislaus Urban County will continue to work closely with these entities to ensure that each year as many new affordable units are produced, or rehabilitated, as possible.
Actions planned to reduce lead-based paint hazards
The Housing Authority serves as the lead agency for the City of Turlock and Stanislaus Urban County in the identification, documentation, and prevention of lead poisoning. The Childhood Lead Poisoning Prevention Program of Stanislaus County, administered through the Housing Authority, becomes involved with childhood lead-based poisoning when notification of an elevated screening blood level is received either from the laboratory or physician. If the blood level is 10ug/dL (micrograms per deciliter), notification is made to the family. Once a child meets the case definition, an environmental investigation is performed by a Registered Environmental Health Specialist to determine, if possible, the source of lead exposure. The Housing Authority, in partnership with the Department of Environmental Resources, conducts the investigation of residences where children with elevated levels of lead reside.
Stanislaus Urban County and the City of Turlock partner with the Childhood Lead Poisoning Prevention Program to distribute information in the City and unincorporated areas of Stanislaus County and through members of the HOME Consortium. If the source of lead exposure is related to the residential physical environment (e.g., peeling paint that indicates the presence of lead), then the Housing Rehabilitation Program may participate in source eradication.
The Housing Authority actively addresses the issue of lead-based paint hazards by providing notices to landlords and tenants who participate in the Housing Choice Voucher Program, warning them of the hazards of lead-based paint. The City of Turlock and HOME Consortium Owner Occupied Housing Rehabilitation Loan Program and homebuyers who use HOME and CDBG fund are provided the notices by the member jurisdictions. Additionally, all units that are rehabilitated with CDBG and HOME funds are subject to lead-based paint compliance requirements.
Actions planned to reduce the number of poverty-level families The Turlock HOME Consortium, and Stanislaus Urban County work to reduce poverty through ensuring an adequate, affordable, quality housing supply, improving low-income neighborhoods, strengthening the employment skills of the community and ensuring access to basic needs such as food and shelter. The City of Turlock is particularly focused on ensuring quality housing options to low-income individuals through the production of new low-income units as well as the rehabilitation of existing low- income units and combating rental discrimination against minorities.
The City of Turlock and the Stanislaus Urban County updated the Analysis to Impediments to Fair Housing Choice (AI) alongside the development of this Consolidated Plan and outlined ways in which each jurisdiction can take actions to ensure protected classes have equitable access to quality schools and employers. The AI investigates zoning codes, permit processes, and fees to ensure the County and each City within are as accommodating as possible to those developments and employers that will contribute to reducing poverty and increasing economic opportunity and housing stability.
The City of Turlock realizes that it cannot combat poverty alone, and it is a top priority of the City of Turlock to coordinate with other entities when possible. The City of Turlock is particularly committed to coordinating with Stanislaus County which manages many housing and social service programs. The City of Turlock also coordinates with other entities such as the CoC and various community-oriented nonprofit groups that have a stake in the community. It is a top goal of the City of Turlock to ensure that it accesses all available grant money to assist the community.
The CoC has developed into a more coordinated organization over the past five years, and the City of Turlock as well as the County will continue to leverage those partnerships and resources to address the issues of poverty.
The Stanislaus County Alliance WorkNet (Alliance), The Community Services Agency’s CalWorks Program, and the California Employment Development Department are all resources available to persons seeking employment.
In addition, the City of Turlock, through its economic development efforts, strives to promote activities that will ultimately have major impacts on the community, such as job creation that in turn will reduce poverty. The Alliance partners with Stanislaus County, Turlock and the other cities in fulfilling the following objectives:
Promotion of Stanislaus County and its nine incorporated cities as a desirable location for new and expanding businesses.
To work with public agencies and local businesses to promote cooperation in the economic development process.
To assist in business retention and expansion efforts by offering programs for technical and financial assistance.
In addition, the City of Turlock, through its economic development efforts, strives to promote activities that will ultimately have major impacts on the community, such as job creation that in turn will reduce poverty.
The Alliance maintains a small revolving loan fund for gap financing. Typically, the Alliance will provide up to half the business financing needs while a bank provides the other half. The Alliance revolving loans are for terms of up to seven years and are at competitive interest rates.
Actions planned to develop institutional structure
The City of Turlock relies on the nonprofit service sector to provide emergency shelter, transitional and special needs housing, and services to the homeless population. The City of Turlock will fully continue to support these organizations and their activities.
The Continuum of Care (CoC) continues to work to improve services provided, including data collection quality through the HMIS system, to ensure that participants receiving services do not experience any gaps as they strive to reach their goals of independence from the need of public services in the community. To the extent that a gap exists in the institutional structure, a strategy of the Action Plan is to take action to close that gap.
Actions planned to enhance coordination between public and private housing and social service agencies
The City of Turlock and HOME Consortium rely on private nonprofit organizations and for-profit developers to build and acquire, develop, and rehabilitate affordable units. The City and HOME Consortium will continue to work closely with these entities to ensure that each year as many new affordable units are produced, or are available, as possible.
The City of Turlock also relies on the nonprofit service sector to provide emergency shelter and transitional and special needs housing. The City will continue to support these organizations and their activities.
The City of Turlock, as administrator of the HOME Consortium, coordinates and consults with other program providers, local, State, and Federal government entities, nonprofit and for-profit organizations and business, professional organizations, interest groups, and other parties interested in the implementation of federal programs.
Specifically, they are: the Housing Authority; HUD; BHRS; HCD; Stanislaus County Health Services Agency; Stanislaus County Community Services Agency; U.S. Department of Agriculture/Rural Development; U.S. Economic Development Administration; California Coalition for Affordable Housing; Habitat for Humanity; Stanislaus County Affordable Housing Corporation; California Rural Legal Assistance; and Self-Help Enterprises. This will assure that the activities outlined in the Annual Action Plan are given the fullest attention for design and implementation or construction.
The City of Turlock will continue to participate in regularly scheduled meetings with other jurisdictions and Stanislaus County to coordinate any CDBG-, HOME-, and ESG-funded activity that may be of benefit to each separate entitlement community in Stanislaus County. This will assure that the activities outlined in the Action Plan are given the fullest attention for design and implementation or construction.
The City of Turlock will maintain its membership and active involvement in the Continuum of Care (CoC) to continue outreach and information sharing with other Stanislaus County agencies serving similar clientele.
AP-90 Program Specific Requirements
Introduction
There are three specific goals of the Federal CDBG and HOME programs:
1. Provide decent housing.
2. Provide a suitable living environment.
3. Expand economic opportunities.
The Action Plan has been developed to assist in achieving these three goals. The overriding consideration required of the CDBG program is to benefit those members of the population that meet the definition of Targeted Income. A Targeted Income person is one who earns 80% or less of the AMI for CDBG funds. Additionally, if a project benefits a specific neighborhood or community, at least 51% of the population within that geographic boundary must be within the Targeted Income Group (TIG).
As identified by the Consolidated Plan for Fiscal Years 2022-2023, priority will be given to projects in the following areas: Infrastructure, Economic Development, Housing Assistance, Housing Programs, and Public Services.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 100,000
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan.
0 3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan
0 5. The amount of income from float-funded activities 0 Total Program Income: 100,000
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:
The City will permit HOME funds to be invested as loans, grants, deferred payment loans, and other types of investment permitted by the regulations described in 92.205(b). The City will not permit other forms of investment without the prior approval of HUD.
The Consortium members generally use HOME funds for First Time Home Buyer, rehabilitation, and acquisition. For First Time Home Buyer and rehabilitation loans and grants eligible applicants will be at 80% of the AMI or below and will be provided funds on a first come first serve basis. Detailed information regarding the programs is provided on member's individual websites.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
The HOME statute states that resale provisions must limit subsequent purchase of the property to income-eligible families, provide the owner with a fair return on investment, including any improvements, and ensure that the housing will remain affordable to a reasonable range of low- income homebuyers. The HOME statue also specifies that recapture provisions must recapture the HOME investment from available net proceeds in order to assist other HOME-eligible families. The City of Turlock elected to establish a recapture provision of its program. At no time does the City expect to use the resale provision as it was not requested or approved as required by HUD.
In cases where the net proceeds available at the time of sale are insufficient to recapture the entire direct HOME subsidy provided to the homebuyer, the HOME Consortium is not required to repay the difference between the total direct HOME subsidy and the amount the HOME Consortium is able to recapture from available net proceeds. The net proceeds are the sales price minus loan repayment (other than HOME funds) and closing costs. In applying the option of the recapture provision, the following formula will be used:
HOME investment / (HOME investment + Home Owner investment) X Net proceeds = HOME amount to be repaid
Home Owner investment / (HOME investment + Home Owner investment) X Net proceeds = Amount to Home Owner
Affordable Homeownership Limits: HUD provides the HOME affordable homeownership limits (initial purchase price or after-rehabilitation value of homeownership units assisted with HOME funds not exceed 95 percent of the area median purchase price for single family housing. Under the Code of Federal Regulations at title 24, part 92, section 254, paragraph (a)(2)(iii) HUD allows jurisdictions to prepare a market analysis to determine this limit following HUD guidance.
The 95 percent of median area purchase price must be established in accordance with a market analysis that ensured that a sufficient number of recent housing sales are included in the survey. Sales must cover the requisite number of months based on volume. The address of the listed properties must include the location within the Consortia's jurisdiction. The housing sales data must reflect all, or nearly all, of the one-family house sales in the entire Consortia jurisdiction. After identifying the median sales price per HUD's guidance, the amount should be multiplied by 0.95 to determine the 95 percent of the median area purchase price. Final limits were rounded to the nearest thousand. Turlock will use the highest limit determined by HUD or the survey. The analysis limits for the Consortia members are: (Updated survey information Pending) Ceres $352,000, Hughson $404,000, Newman $343,000, Oakdale $413,000, Patterson $404,000, Riverbank $389,000, Stanislaus County $513,000, Turlock $383,000, and Waterford $325,000.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
In the case of affordability, the HOME Consortium recaptures the entire amount of the direct HOME subsidy provided to the homebuyer before the homebuyer receives a return. The HOME Consortium’s recapture amount is limited to the net proceeds available from the sale.
Affordability for homeownership projects undertaken using the recapture provision will be ensured through the use of real estate lien notes and/or restrictive covenants outlining the City's recapture provisions. Homeownership projects undertaken using the resale provision shall use deed restrictions, covenants running with the land, or other similar mechanisms per 92.254(a)(5)(i)(A) to ensure the resale requirements are met. The period of affordability specified in the mortgage will be the minimum period for the project as specified above. The period of affordability is based on the total amount of direct HOME funds invested in the housing project.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
The City of Turlock and the HOME Consortium do not intend to refinance any kind of existing debt with HOME funds.
City Council Staff Report
May 10, 2022
From: Katie Quintero, Director of Development Servi ces
Prepared by: Carrie Braley, Staff Services Technici an
Agendized by: Reagan M. Wilson, City Manager
1. ACTION RECOMMENDED:
Resolution: Ordering the improvements and formation of the Starbucks (Development Project No. 21-028) Landscaping and Li ghting Assessment District and the Street Maintenance Bene fit Assessment Area, and confirming the diagram and benefit assess ments as set forth in the annual report of the Engineer of Work and the levying and collection of assessments set forth therein for Fis cal Year 2021-2022 for the Starbucks (Development Project No. 21-028) Landscaping and Lighting Assessment District and the Street Mai ntenance Benefit Assessment Area, pursuant to Resolution No. 97-128
2. SYNOPSIS:
This item completes the procedures for the formatio n of the Landscaping and Lighting Assessment District and the Street Maintenance Benefit Assessment Area for Starbucks (Development project 21-028).
3. DISCUSSION OF ISSUE:
The Starbucks development (Development Project No. 21-028) is located on approximately 1.26 acres. One 2,000-square foot St arbucks with a drive through has been constructed and a future second restaurant also with a drive through is planned. The property is located at 824 N. Golden S tate Boulevard and 199 W.
Canal Drive, Turlock, more particularly described a s Stanislaus County APN 042- 009-038 and 039, respectively.
The Landscaping and Lighting Act of 1972 and the Be nefit Assessment Act of 1982 allow for the formation of Assessment District s and Benefit Assessment Areas. The purpose of assessment districts and bene fit assessment areas is to ensure that development pays for its own maintenanc e and operation of streetlights, landscape maintenance, street sweepin g, drainage facilities, and future slurry seals. The formation of assessment di stricts and benefit assessment areas allow the associated developments to be built without placing an unfinanced Agenda Staff Report
5/10/22
service burden on existing City funds that maintain existing streets, landscaping, and lighting. Since the enactment of these two Acts the City of Turlock has formed two hundred nine (209) assessment districts and ben efit assessment areas with approximately $3.2 million in revenue.
The proceedings for the formation of an assessment district and benefit assessment area will be conducted at three (3) Coun cil meetings. The first meeting was held on December 14, 2021, at which tim e Council initiated proceedings for the formation of the landscaping an d lighting assessment district and the street maintenance benefit assessment area and directed the City Engineer to produce and file an Engineer’s Report w ith the City Clerk, for submission to Council.
The second meeting was held on March 22, 2022, at w hich time Council approved the report as filed and declared the intention to l evy and collect assessments, and scheduled a public hearing to allow any interested person to file a written protest or address the Council on this matter.
In this third and final meeting, Council will condu ct the public hearing and upon its conclusion, by resolution order the improvements and formation of the landscaping and lighting assessment district and the street mai ntenance benefit assessment area and confirm the diagram and assessment(s). Thi s action will be filed with the Stanislaus County Auditor in Fiscal Year 2021-22.
The Landscaping and Lighting Act of 1972 and the Be nefit Assessment Act of 1982 provide the City with means to maintain infras tructure in new development without burdening existing City resources. The Sta rbucks Landscaping and Lighting Assessment District and the Street Mainten ance Benefit Assessment Area, when formed, will ensure that the development pays for its own maintenance and operation of streetlights, landscape maintenanc e, street sweeping, drainage facilities and future slurry seals.
The formation of an assessment district is a condit ion of Minor Discretionary Permit No. 2020-11 approved on June 19, 2020.
4. BASIS FOR RECOMMENDATION:
A. Staff’s recommendation is based on laws governin g the provision of funding for basic improvement in a subdivision or developme nt, such as maintenance of landscaping, street lighting, and street maintenance.
B. This benefit funding is maintained and tracked b y staff. The funds that are collected from this development will pay for its im pacts on City street lighting, street sweeping, street slurry seals, and landscaping so as to not affect existing City funds.
Agenda Staff Report
5/10/22
5. FISCAL IMPACT / BUDGET AMENDMENT:
Fiscal Impact
Unless modified by Council, the first-year annual a ssessment collection from the Starbuck development will be $2,834.16 in revenue t o Fund 246 in Fiscal Year 2021-22. Annual assessments are tied to the Enginee ring News Record (ENR) Index and will be adjusted accordingly.
6. STAFF RECOMMENDATION:
Staff recommends approval.
7. CITY MANAGER’S COMMENTS:
Recommend approval.
8. ENVIRONMENTAL DETERMINATION:
N/A
9. ALTERNATIVES:
A. Council could choose to decline to confirm diagr ams, assessments, reports and levy and collect assessments. Staff does not re commend this alternative as maintenance costs for the infrastruc ture in this development would then impact other city funds.
10. ATTACHMENTS:
A. Resolution for the assessment district formation
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF ORDERING THE } RESOLUTION NO. 202 2-
IMPROVEMENTS AND FORMATION OF THE }
STARBUCKS (DEVELOPMENT PROJECT }
NO. 21-028) LANDSCAPING AND LIGHTING }
ASSESSMENT DISTRICT AND THE }
STREET MAINTENANCE BENEFIT }
ASSESSMENT AREA, AND CONFIRMING THE }
DIAGRAM AND BENEFIT ASSESSMENTS AS }
SET FORTH IN THE ANNUAL REPORT OF }
THE ENGINEER OF WORK AND THE }
LEVYING AND COLLECTION OF }
ASSESSMENTS SET FORTH THEREIN FOR }
FISCAL YEAR 2021-2022 FOR THE }
STARBUCKS (DEVELOPMENT PROJECT }
NO. 21-028) LANDSCAPING AND LIGHTING }
ASSESSMENT DISTRICT AND THE }
STREET MAINTENANCE BENEFIT }
ASSESSMENT AREA, PURSUANT TO }
RESOLUTION NO. 97-128 }
}
WHEREAS, on December 14, 2021, the City Council of the City of Turlock adopted Resolution No. 2021-237 to initiate the proceedings for the formation of the benefit assessment district designated as the “Starbucks Landscaping and Lighting Assessment District and the Street Maintenance Benefit Assessm ent Area, Development Project No. 21-028”; and
WHEREAS, the City Council of the City of Turlock designated the City Engineer of the City of Turlock as the Engineer of Work for pur poses of the formation proceedings related to the “Starbucks Landscaping and Lighting Assessment District and the Street Maintenance Benefit Assessment Area, Development Pr oject No. 21-028”; and
WHEREAS, the City Council of the City of Turlock ordered the City Engineer to prepare and file a report in accordance with Article 4 (commencing with section 22565) of Chapter 1 of the Landscaping and Lighting Act of 19 72 and in accordance with Article 4 (commencing with section 54716) of Chapter 6.4 of t he Benefit Assessment Act of 1982 and, upon completion, file the report with the City Clerk; and
WHEREAS, on March 22, 2022, the City Engineer filed his report with the City Clerk; and
WHEREAS, on March 22, 2022, the City Council of the City of Turlock adopted Resolution No. 2022-045, to approve the City Engine er’s Report that was prepared and filed in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Attachment A
Resolution No. 2022-
Landscaping and Lighting Act of 1972 and in accordance with Article 4 (commencing with Section 54716) of Chapter 6.4 of the Benefit Assess ment Act of 1982; and
WHEREAS, on March 22, 2022, the City Council of the City of Turlock adopted Resolution No. 2022-046, declaring its intention to order the formation of and to levy and collect assessments within the “Starbucks Landscaping and Lighting Assessment District and the Street Maintenance Benefit Assessment Area, Development Project No. 21-028”; and
WHEREAS, the City Engineer was ordered to initiate the asses sment ballot proceedings; and
WHEREAS, pursuant to Streets and Highways Code §22625, Gover nment Code §53753 and §54716, on Tuesday, the 10
th day of May, 2022, at the hour of 6:00 p.m.,
prevailing local time, the City Council of the City of Turlock conducted a public hearing on the question of the formation of the benefit assess ment district and the levy of the proposed annual assessment. The public hearing was held in the Yosemite Room on the 2nd floor of City Hall at 156 S. Broadway, in Turlock, California; and
WHEREAS, all interested persons were afforded the opportunit y to hear and be heard; and
WHEREAS, at the public hearing, the City Council considered all objections and/or protests afforded to the proposed annual assessment . Every person was permitted to present oral and/or written testimony; and
WHEREAS, at the conclusion of the public hearing, the City Clerk tabulated the assessment ballots submitted, and not withdrawn, in support of or in opposition to the proposed assessment; and
WHEREAS , the City Council of the City of Turlock finds that a majority protest does not exist; and
WHEREAS, the City of Turlock has determined and certifies th at the charges are either exempt from or are in compliance with all th e provisions of Proposition 218 which was passed by voters in November 1996. The City Council of the City of Turlock further determines the charges are in compliance with all l aws pertaining to the levy of such charges; and
WHEREAS, a certified copy of this resolution and report shal l be delivered to the Tax Collector for the County of Stanislaus.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby order the improvements and formation of the Starbucks (Development Project No. 21-028) Landscaping and Lighting Assessment Dis trict and the Street Maintenance Resolution No. 2022-
Benefit Assessment Area, and confirms the diagram and benefit assessments as set forth in the annual report of the Engineer of Work and th e levying and collection of assessments set forth therein for Fiscal Year 2021-2022 for the Starbucks (Development Project No. 21-028) Landscaping and Lighting Assess ment District and the Street Maintenance Benefit Assessment Area, pursuant to Re solution 97-128.
PASSED AND ADOPTED at a regular meeting of the City Council of the Ci ty of Turlock this 10
th day of May, 2022, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
___________________________
Julie Christel, City Clerk,
City of Turlock, County of Stanislaus,
State of California
Resolution No. 2022-
SITE MAP
of
“STARBUCKS” LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT
and
THE STREET MAINTENANCE BENEFIT ASSESSMENT AREA
City Council Staff Report
May 10, 2022
From: Katie Quintero, Director of Development Servi ces
Prepared by: Carrie Braley, Staff Services Technici an
Agendized by: Reagan M. Wilson, City Manager
1. ACTION RECOMMENDED:
Resolution: Ordering the improvements and formation of the 3200 Fulkerth Road (Development Project No. 20-045) Landscaping and Li ghting Assessment District and the Street Maintenance Bene fit Assessment Area, and confirming the diagram and benefit assess ments as set forth in the annual report of the Engineer of Work and the levying and collection of assessments set forth therein for Fis cal Year 2021-2022 for the 3200 Fulkerth Road (Development Project No. 20-045) Landscaping and Lighting Assessment District and th e Street Maintenance Benefit Assessment Area, pursuant to Re solution No. 97-128
2. SYNOPSIS:
This item completes the procedures for the formatio n of the Landscape and Lighting Assessment District and the Street Maintenance Benefit Assessment Area for 3200 Fulkerth Road, Stanislaus County APN 089-001-017.
3. DISCUSSION OF ISSUE:
Amazon is under construction on an approximately 69 .05-acre parcel bounded on the north by Fulkerth Road, on the east by future Tegner Road, on the south by the Turlock Irrigation District (TID) lateral canal, an d on the west by Fransil Lane. The onsite components of Amazon will be constructed on the 69+/- acre site, and the related offsite improvements will be constructed on approximately 6.11 gross acres of adjacent right-of-way dedication and other lands . The project will consist of a main 1,294,095 square foot warehouse and distributi on area, an approximately 36,241-square foot main office, restrooms, and other incidental office areas.
The Landscaping and Lighting Act of 1972 and the Be nefit Assessment Act of 1982 allow for the formation of Assessment District s and Benefit Assessment Areas. The purpose of assessment districts and bene fit assessment areas is to ensure that development pays for its own maintenanc e and operation of Agenda Staff Report
5/10/22
streetlights, landscape maintenance, street sweeping, drainage facilities, and future slurry seals. The formation of assessment districts and benefit assessment areas allow the associated developments to be built without placing an unfinanced service burden on existing City funds that maintain existing streets, landscaping, and lighting. Since the enactment of these two Acts the City of Turlock has formed two hundred nine (209) assessment districts and benefit assessment areas with approximately $3.2 million in revenue.
The proceedings for the formation of an assessment district and benefit assessment area is conducted at three (3) separate Council meetings. The first meeting was held on December 14, 2021, at which time Council initiated proceedings for the formation of the landscaping and lighting assessment district and the street maintenance benefit assessment area and directed the City Engineer to produce and file an Engineer’s Report with the City Clerk, for submission to Council.
The second meeting was held on March 22, 2022, at which time Council approved the report as filed and declared the intention to levy and collect assessments, and scheduled a public hearing to allow any interested person to file a written protest or address the Council on this matter.
In this third and final meeting, Council will conduct the public hearing and upon its conclusion, by resolution order the improvements and formation of the landscaping and lighting assessment district and the street maintenance benefit assessment area and confirm the diagram and assessment(s). This action will be filed with the Stanislaus County Auditor in Fiscal Year 2021-22.
4. BASIS FOR RECOMMENDATION:
A. Staff’s recommendation is based on laws governing the provision of funding for basic improvement in a subdivision or development, such as maintenance of landscaping, street lighting, and street maintenance.
The Landscaping and Lighting Act of 1972 and the Benefit Assessment Act of 1982 provide the City with means to maintain infrastructure in new development without burdening existing City resources. The Project Hornet Landscaping and Lighting Assessment District and the Street Maintenance Benefit Assessment Area, Development Project No. 20-045, when formed, will ensure that the development pays for its own maintenance and operation of streetlights, landscape maintenance, street sweeping, drainage facilities and future slurry seals for areas depicted on the attachment.
The formation of an assessment district was a condition of Minor Discretionary Permit No. 2020-20 issued on February 10, 2021.
Agenda Staff Report
5/10/22
B. This benefit funding is maintained and tracked b y staff. The funds that are collected from this development will pay for its im pacts on City street lighting, street sweeping, street slurry seals, and landscaping so as to not affect existing City funds.
5. FISCAL IMPACT / BUDGET AMENDMENT:
Fiscal Impact
The first-year annual assessment collection from th e Project Hornet development will be $59,866.65 in revenue to Fund 246 in Fiscal Year 2021-22. Annual assessments are tied to the Engineering News Record (ENR) Index and will be adjusted accordingly.
6. STAFF RECOMMENDATION:
Staff recommends approval.
7. CITY MANAGER’S COMMENTS:
Recommend approval.
8. ENVIRONMENTAL DETERMINATION:
N/A
9. ALTERNATIVES:
A. Council could choose to decline to confirm diagr ams, assessments, reports and levy and collect assessments. Staff does not re commend this alternative as maintenance costs for the infrastruc ture in this development would then impact other City funds.
10. ATTACHMENTS:
A. Resolution for the assessment district formation
Agenda Staff Report
5/10/22
Attachment
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF ORDERING THE } RESOLUTION NO. 202 2-
IMPROVEMENTS AND FORMATION OF THE }
3200 FULKERTH ROAD (DEVELOPMENT }
PROJECT NO. 20-045) LANDSCAPING AND }
LIGHTING ASSESSMENT DISTRICT AND THE }
STREET MAINTENANCE BENEFIT }
ASSESSMENT AREA, AND CONFIRMING THE }
DIAGRAM AND BENEFIT ASSESSMENTS AS }
SET FORTH IN THE ANNUAL REPORT OF }
THE ENGINEER OF WORK AND THE }
LEVYING AND COLLECTION OF }
ASSESSMENTS SET FORTH THEREIN FOR }
FISCAL YEAR 2021-2022 FOR THE 3200 }
FULKERTH ROAD (DEVELOPMENT }
PROJECT NO. 20-045) LANDSCAPING AND }
LIGHTING ASSESSMENT DISTRICT AND }
THE STREET MAINTENANCE BENEFIT }
ASSESSMENT AREA, PURSUANT TO }
RESOLUTION NO. 97-128 }
}
WHEREAS, on December 14, 2021, the City Council of the City of Turlock adopted Resolution No. 2021-235 to initiate the proceedings for the formation of the benefit assessment district designated as the “Project Horn et Landscaping and Lighting Assessment District and the Street Maintenance Bene fit Assessment District,” Development Project No. 20-045; and
WHEREAS, the City Council of the City of Turlock designated the City Engineer of the City of Turlock as the Engineer of Work for pur poses of the formation proceedings related to the Project Hornet Landscape, Lighting, and the Street Maintenance Benefit Assessment District, Development Project No. 20-045; and
WHEREAS, the City Council of the City of Turlock ordered the City Engineer to prepare and file a report in accordance with Article 4 (commencing with section 22565) of Chapter 1 of the Landscaping and Lighting Act of 19 72 and in accordance with Article 4 (commencing with section 54716) of Chapter 6.4 of t he Benefit Assessment Act of 1982 and, upon completion, file the report with the City Clerk; and
WHEREAS, on March 22, 2022, the City Engineer filed his report with the City Clerk; and
WHEREAS, on March 22, 2022, the City Council of the City of Turlock adopted Resolution No. 2022-043, to approve the City Engine er’s Report that was prepared and filed in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Attachment A
Resolution No. 2022-
Landscaping and Lighting Act of 1972 and in accordance with Article 4 (commencing with Section 54716) of Chapter 6.4 of the Benefit Assess ment Act of 1982; and
WHEREAS, on March 22, 2022, the City Council of the City of Turlock adopted Resolution No. 2022-044, declaring its intention to order the formation of and to levy and collect assessments within the Project Hornet Lands cape, Lighting and the Street Maintenance Benefit Assessment District, Developmen t Project No. 20-045;” and
WHEREAS, the City Engineer was ordered to initiate the asses sment ballot proceedings; and
WHEREAS, pursuant to Streets and Highways Code §22625, Gover nment Code §53753 and §54716, on Tuesday, the 10
th day of May, 2022, at the hour of 6:00 p.m.,
prevailing local time, the City Council of the City of Turlock conducted a public hearing on the question of the formation of the benefit assess ment district and the levy of the proposed annual assessment. The public hearing was held in the Yosemite Room on the 2nd floor of City Hall at 156 S. Broadway, in Turlock, California; and
WHEREAS, all interested persons were afforded the opportunit y to hear and be heard; and
WHEREAS, at the public hearing, the City Council considered all objections and/or protests afforded to the proposed annual assessment . Every person was permitted to present oral and/or written testimony; and
WHEREAS, at the conclusion of the public hearing, the City Clerk tabulated the assessment ballots submitted, and not withdrawn, in support of or in opposition to the proposed assessment; and
WHEREAS , the City Council of the City of Turlock finds that a majority protest does not exist; and
WHEREAS, the City of Turlock has determined and certifies th at the charges are either exempt from or are in compliance with all th e provisions of Proposition 218 which was passed by voters in November 1996. The City Council of the City of Turlock further determines the charges are in compliance with all l aws pertaining to the levy of such charges; and
WHEREAS, a certified copy of this resolution and report shal l be delivered to the Tax Collector for the County of Stanislaus.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby order the improvements and formation of the 3200 Fulkerth Road (Development Project No. 20-045) Landscaping and Lighting Assessment District and the Street Maintenance Benefit Assessment Area, and con firming the diagram and benefit Resolution No. 2022-
assessments as set forth in the annual report of the Engineer of Work and the levying and collection of assessments set forth therein for Fiscal Year 2021-2022 for the 3200 Fulkerth Road (Development Project No. 20-045) Landscaping a nd Lighting Assessment District and the Street Maintenance Benefit Assessment Area, pursuant to Resolution No. 97-128.
PASSED AND ADOPTED at a regular meeting of the City Council of the Ci ty of Turlock this 10
th day of May, 2022, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
___________________________
Julie Christel, City Clerk,
City of Turlock, County of Stanislaus,
State of California
Resolution No. 2022-
SITE MAP
of
“PROJECT HORNET” LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT
and
THE STREET MAINTENANCE BENEFIT ASSESSMENT AREA
City Council Staff Report
May 10, 2022
From: Katie Quintero, Director of Development Servi ces
Prepared by: Carrie Braley, Staff Services Technici an
Agendized by: Reagan M. Wilson, City Manager
1. ACTION RECOMMENDED:
Resolution: Ordering the improvements and formation of the PM 21-01 Dutch Bros (Development Project No. 21-005) Landscaping a nd Lighting Assessment District and the Street Maintenance Bene fit Assessment Area, and confirming the diagram and benefit assess ments as set forth in the annual report of the Engineer of Work and the levying and collection of assessments set forth therein for Fis cal Year 2021-2022 for the PM 21-01 Dutch Bros (Development Project No . 21-005) Landscaping and Lighting Assessment District and th e Street Maintenance Benefit Assessment Area, pursuant to Re solution No. 97-128
2. SYNOPSIS:
This item completes the procedures for the formatio n of the Landscape and Lighting Assessment District and the Street Maintenance Benefit Assessment Area for the PM 21-01 Dutch Bros development project.
3. DISCUSSION OF ISSUE:
Parcel Map No. 21-01 (PM 21-01) divided the propert y at 699 N. Golden State Boulevard into two (2) parcels. The Dutch Bros. dev elopment (Development Project No. 21-005) removed part of the building at 693 N. Golden State Boulevard to accommodate the new parcel lines and demolished the existing building at 699 N. Golden State Boulevard to develop an 862-square foot Dutch Bros. Coffee with a double drive-through lane and walk-up window with in the Turlock Town Center.
The property is located at 699 N. Golden State Boul evard, Turlock, more particularly described as Stanislaus County APN 061-041-015.
The Landscaping and Lighting Act of 1972 and the Be nefit Assessment Act of 1982 allow for the formation of Assessment District s and Benefit Assessment Areas. The purpose of assessment districts and bene fit assessment areas is to ensure that development pays for its own maintenanc e and operation of Agenda Staff Report
5/10/22
streetlights, landscape maintenance, street sweepin g, drainage facilities, and future slurry seals. The formation of assessment di stricts and benefit assessment areas allow the associated developments to be built without placing an unfinanced service burden on existing City funds that maintain existing streets, landscaping, and lighting. Since the enactment of these two Acts the City of Turlock has formed two hundred nine (209) assessment districts and ben efit assessment areas with approximately $3.2 million in revenue.
The proceedings for the formation of an assessment district and benefit assessment area will be conducted at three (3) Coun cil meetings. The first meeting was held on December 14, 2021, at which tim e Council initiated proceedings for the formation of the landscaping an d lighting assessment district and the street maintenance benefit assessment area and directed the City Engineer to produce and file an Engineer’s Report w ith the City Clerk, for submission to Council.
The second meeting was held on March 22, 2022, at w hich time Council approved the report as filed and declared the intention to l evy and collect assessments, and scheduled a public hearing to allow any interested person to file a written protest or address the Council on this matter.
In this third and final meeting, Council will condu ct the public hearing and upon its conclusion, by resolution order the improvements and formation of the landscaping and lighting assessment district and the street mai ntenance benefit assessment area and confirm the diagram and assessment(s). Thi s action will be filed with the Stanislaus County Auditor in Fiscal Year 2021-22.
The Landscaping and Lighting Act of 1972 and the Be nefit Assessment Act of 1982 provide the City with means to maintain infras tructure in new development without burdening existing City resources. The PM 21-01 Dutch Bros Landscaping and Lighting Assessment District and the Street Mai ntenance Benefit Assessment Area, when formed, will ensure that the development pays for its own maintenance and operation of streetlights, landscape maintenanc e, street sweeping, drainage facilities and future slurry seals.
4. BASIS FOR RECOMMENDATION:
A. Staff’s recommendation is based on laws governin g the provision of funding for basic improvement in a subdivision or developme nt, such as maintenance of landscaping, street lighting, and street maintenance.
B. This benefit funding is maintained and tracked b y staff. The funds that are collected from this development will pay for its im pacts on City street lighting, street sweeping, street slurry seals, and landscaping so as to not affect existing City funds.
Agenda Staff Report
5/10/22
5. FISCAL IMPACT / BUDGET AMENDMENT:
Fiscal Impact
Unless modified by Council, the first-year annual a ssessment collection from the PM 21-01 Dutch Bros development will be $1,276.87 i n revenue to Fund 246 in Fiscal Year 2021-22. Annual assessments are tied to the Engineering News Record (ENR) Index and will be adjusted accordingly.
6. STAFF RECOMMENDATION:
Staff recommends approval.
7. CITY MANAGER’S COMMENTS:
Recommend approval.
8. ENVIRONMENTAL DETERMINATION:
N/A
9. ALTERNATIVES:
A. Council could choose to decline to confirm diagr ams, assessments, reports and levy and collect assessments. Staff does not re commend this alternative as maintenance costs for the infrastruc ture in this development would then impact other City funds.
10. ATTACHMENTS:
A. Resolution for the assessment district formation
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF ORDERING THE } RESOLUTION NO. 202 2-
IMPROVEMENTS AND FORMATION OF THE }
PM 19-01 DUTCH BROS (DEVELOPMENT }
PROJECT NO. 21-005) LANDSCAPING AND }
LIGHTING ASSESSMENT DISTRICT AND }
THE STREET MAINTENANCE BENEFIT }
ASSESSMENT AREA, AND CONFIRMING THE }
DIAGRAM AND BENEFIT ASSESSMENTS AS }
SET FORTH IN THE ANNUAL REPORT OF }
THE ENGINEER OF WORK AND THE }
LEVYING AND COLLECTION OF }
ASSESSMENTS SET FORTH THEREIN FOR }
FISCAL YEAR 2021-2022 FOR THE PM 21-01 }
DUTCH BROS (DEVELOPMENT PROJECT }
NO. 21-005) LANDSCAPING AND LIGHTING }
ASSESSMENT DISTRICT AND THE }
STREET MAINTENANCE BENEFIT }
ASSESSMENT AREA, PURSUANT TO }
RESOLUTION NO. 97-128 }
}
WHEREAS, on December 14, 2021, the City Council of the City of Turlock adopted Resolution No. 2021-236 to initiate the proceedings for the formation of the benefit assessment district designated as the “PM 21-01 Dut ch Bros Landscaping and Lighting Assessment District and the Street Maintenance Benefit Assessment Area, Development Project No. 21-005”; and
WHEREAS, the City Council of the City of Turlock designated the City Engineer of the City of Turlock as the Engineer of Work for pur poses of the formation proceedings related to the “PM 21-01 Dutch Bros Landscaping and Lighting Assessment District and the Street Maintenance Benefit Assessment Area, Develop ment Project No. 21-005”; and
WHEREAS, the City Council of the City of Turlock ordered the City Engineer to prepare and file a report in accordance with Article 4 (commencing with section 22565) of Chapter 1 of the Landscaping and Lighting Act of 19 72 and in accordance with Article 4 (commencing with section 54716) of Chapter 6.4 of t he Benefit Assessment Act of 1982 and, upon completion, file the report with the City Clerk; and
WHEREAS, on March 22, 2022, the City Engineer filed his report with the City Clerk; and
WHEREAS, on March 22, 2022, the City Council of the City of Turlock adopted Resolution No. 2022-047, to approve the City Engine er’s Report that was prepared and filed in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Attachment A
Resolution No. 2022-
Landscaping and Lighting Act of 1972 and in accordance with Article 4 (commencing with Section 54716) of Chapter 6.4 of the Benefit Assess ment Act of 1982; and
WHEREAS, on March 22, 2022, the City Council of the City of Turlock adopted Resolution No. 2022-048, declaring its intention to order the formation of and to levy and collect assessments within the “PM 21-01 Dutch Bros Landscaping and Lighting Assessment District and the Street Maintenance Benefit Assessment Area, Development Project No. 21-005”; and
WHEREAS, the City Engineer was ordered to initiate the asses sment ballot proceedings; and
WHEREAS, pursuant to Streets and Highways Code §22625, Gover nment Code §53753 and §54716, on Tuesday, the 10
th day of May, 2022, at the hour of 6:00 p.m.,
prevailing local time, the City Council of the City of Turlock conducted a public hearing on the question of the formation of the benefit assess ment district and the levy of the proposed annual assessment. The public hearing was held in the Yosemite Room on the 2nd floor of City Hall at 156 S. Broadway, in Turlock, California; and
WHEREAS, all interested persons were afforded the opportunit y to hear and be heard; and
WHEREAS, at the public hearing, the City Council considered all objections and/or protests afforded to the proposed annual assessment . Every person was permitted to present oral and/or written testimony; and
WHEREAS, at the conclusion of the public hearing, the City Clerk tabulated the assessment ballots submitted, and not withdrawn, in support of or in opposition to the proposed assessment; and
WHEREAS , the City Council of the City of Turlock finds that a majority protest does not exist; and
WHEREAS, the City of Turlock has determined and certifies th at the charges are either exempt from or are in compliance with all th e provisions of Proposition 218 which was passed by voters in November 1996. The City Council of the City of Turlock further determines the charges are in compliance with all l aws pertaining to the levy of such charges; and
WHEREAS, a certified copy of this resolution and report shal l be delivered to the Tax Collector for the County of Stanislaus.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby order the improvements and formation of the PM 21-01 Dutch Bros (Development Project No. 21-005) Landscaping and Lighting Assessment District and the Resolution No. 2022-
Street Maintenance Benefit Assessment Area, and con firms the diagram and benefit assessments as set forth in the annual report of the Engineer of Work and the levying and collection of assessments set forth therein for Fi scal Year 2021-2022 for the PM 21-01 Dutch Bros (Development Project No. 21-005) Landsca ping and Lighting Assessment District and the Street Maintenance Benefit Assessment Area, pursuant to Resolution No. 97-128.
PASSED AND ADOPTED at a regular meeting of the City Council of the Ci ty of Turlock this 10
th day of May, 2022, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
___________________________
Julie Christel, City Clerk,
City of Turlock, County of Stanislaus,
State of California
Resolution No. 2022-
SITE MAP
of
“PM 21-01 DUTCH BROS” LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT
and
THE STREET MAINTENANCE BENEFIT ASSESSMENT AREA
City Council Staff Report
May 10, 2022
From: David Huff, Acting Municipal Services Directo r
Prepared by: Lupe Madrigal, Staff Services Technici an
Agendized by: Reagan M. Wilson, City Manager
1. ACTION RECOMMENDED:
Ordinance: Amending Turlock Municipal Code Title 6, Chapter 6-3, regarding Garbage, Recyclable Materials and Organic Waste to incorpora te changes related to SB 1383 state mandated requirements
2. SYNOPSIS:
Amending the Turlock Municipal Code to make updates to incorporate SB 1383 requirements
3. DISCUSSION OF ISSUE:
On July 27, 2021, City Council approved a professio nal services agreement with R3 Consulting Group Inc, for Solid Waste Consulting Services. The scope of work included assistance with the development of City Ordinances to ensure compliance with Senate Bill 1383.
Senate Bill 1383 Overview
The reduction of solid waste landfilling, through waste prevention, reuse, recycling, and composting is a statewide mandate. The Short-Lived Climate Pollutant Reduction Act (“Senate Bill 1383” or “SB 1383”) has the immediate goal of reducing organic waste sent to landfill and the ultimate objective of reac hing statewide methane emissions reduction targets to reduce greenhouse gases and to increase edible food recovery to reduce human food insecurity.
SB 1383 requires cities, counties, and special dist ricts providing solid waste collection services to, by January 1, 2022, adopt and enforce an ordinance (or other enforceable mechanism) applicable to residents and businesses g enerating or processing solid waste to implement relevant provisions of SB 1383. The State can impose significant penalties if a jurisdiction fails to adopt the required ordinance.
Agenda Staff Report
5/10/22
This requires amending Title 6, Chapter 6-3 “Garbag e, Recyclable Materials and Organic Waste” of the City’s municipal code to include SB 1383 provisions. The majority of requirements were contained in the Ordinance tha t Council adopted on January 11, 2022. The edible food recovery requirements, however, were inadvertently omitted and that omission is being corrected in the proposed Ordinance revision.
Proposed Ordinance
The City contracted with R3 Consulting Group, Inc. (R3) to draft the proposed Ordinance. R3 staff helped to draft the model ordinance for CalRecycle. The proposed Ordinance provided by the consultant inadvertently omitted the requirements on commercial edible food generators and food recovery services and organizations. The proposed ordinance amends Chapter 6-3 to include these requirements.
These requirements will do the following:
Edible Food Recovery
Commercial Edible Food Generators are required to donate surplus edible food and have a contract in place with a food recovery o rganization or service, such as a food bank or food pantry to accept the surplus edible food. This requirement goes into effect on January 1, 20 22 for Tier One Commercial Edible Food Generators (large grocery stores and supermarkets) and January 1, 2024 for Tier Two Commercial Edible Food Generators (large restaurants and other large food providers).
Food recovery organizations, such as food banks, a re required to keep records and report annually to their jurisdictions the amount of food collected.
4. BASIS FOR RECOMMENDATION:
Updating the Turlock Municipal Code Title 6, Chapte r 6-3, regarding Garbage, Recyclable Materials and Organic Waste collection, to include requirements for edible food recovery, is necessary to ensure compliance with SB 1383’s requirement to adopt an enforceable ordinance.
5. FISCAL IMPACT / BUDGET AMENDMENT:
N/A
6. CITY MANAGER’S COMMENTS:
Recommend approval.
7. ENVIRONMENTAL DETERMINATION:
This Ordinance is adopted pursuant to CalRecycle’s SB 1383 Regulations. The SB 1383 Regulations were the subject of a program envi ronmental impact report (EIR) Agenda Staff Report
5/10/22
prepared by CalRecycle, and the activities to be ca rried out under this Ordinance are entirely within the scope of the SB 1383 Regulation s and that EIR. No mitigation measures identified in the EIR are applicable to the City’s enactment of this Ordinance.
Moreover, none of the conditions requiring a subseq uent or supplemental EIR, as described in Public Resources Code Section 21166 an d California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15 163, have occurred. The EIR therefore adequately analyzes any potential environmental effects of the Ordinance and no additional environmental review is required. On a separate and independent basis, the Ordinance is exempt from CEQA pursuant to Secti on 15308, Class 8 of the CEQA Guidelines of as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the p rotection of the environment, specifically, for the protection of the climate. Th ere are no unusual circumstances that would cause this Ordinance to have a significant effect on the environment.
8. ALTERNATIVES:
A. Not accept the changes to the municipal code. This option is not recommended due to the penalties associated with non-compliance of SB 1383.
9. ATTACHMENTS:
A. Draft City of Turlock Ordinance
Attachment A
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF AMENDING THE }
ORDINANCE NO. -CS
TURLOCK MUNICIPAL CODE TITLE 6, }
CHAPTER 6-3, REGARDING GARBAGE, }
RECYCLABLE MATERIALS, AND ORGANIC }
WASTE TO INCORPORATE CHANGES }
RELATED TO SB 1383 STATE MANDATED }
REQUIREMENTS }
WHEREAS, The Short-Lived Climate Pollutant Reduction Act (Senate Bill 1383 or SB 1383) has the immediate goal of reducing organic waste sent to landfill and the ultimate objective of reaching statewide methane em issions reduction targets to reduce greenhouses gases and to increase edible food recov ery to reduce human food insecurity; and
WHEREAS, the City of Turlock is required adopt and enforce an ordinance (or other enforceable mechanism) applicable to resident s and businesses generating or processing solid waste to implement relevant provisions of SB 1383 by January 1, 2022; and
WHEREAS , the City of Turlock is required to adopt and enfo rce an ordinance containing requirements for edible food generators, food recovery organizations and services which was inadvertently omitted from the O rdinance adopted on January 11, 2022; and
WHEREAS, further amending the Turlock Municipal Code Title 6, Chapter 6-3, regarding Garbage, Recyclable Materials, and Organic Waste to include requirements for edible food generators and food recovery organizati ons and services will ensure compliance to avoid financial penalties.
BE IT ORDAINED by the City Council of the City of Turlock as follows:
SECTION 1. ADDITION: Title 6, Chapter 6-3, is hereby amended as follows with new Sections 6-3-125 and 6-3-126.
Chapter 6-3
GARBAGE, RECYCLABLE MATERIALS AND ORGANIC WASTE
6-3-125 Commercial Edible Food Generator Requirements
(a) Tier One Commercial Edible Food Generators must comply with the following requirements commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply Attachment A
commencing January 1, 2024, pursuant to 14 CCR Section 18991.3 or such later deadline established by State law or regulations.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities, as defined in Section 113789 of the Health and Safety Code, operating at the Large Venue or Large Event to comply with the requirements of this section commencing January 1, 2024 or such later deadline established by State law or regulations.
(c) Commercial Edible Food Generators shall, by the dates set forth above, comply with the following requirements:
(1) Arrange to safely recover for human consumption the maximum amount of Edible Food that would otherwise be disposed.
(2) Enter into a contract or other written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection for Food Recovery of Edible Food that would otherwise be disposed; or, (ii) acceptance of Edible Food that would otherwise be disposed that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Use best efforts to abide by all contractual or written agreement requirements specified by the Food Recovery Organization or Food Recovery Service on how Edible Food should be prepared, packaged, labeled, handled, stored, distributed or transported to the Food Recovery Organization or Service. (4) Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.
(5) Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(6) Allow the City to review records upon request, including by providing electronic copies or allowing access to the premises.
(7) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
i. A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
ii. A copy of all contracts and written agreements established under 14 CCR Section 18991.3(b) and/or this chapter.
iii. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
a. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
b. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
Attachment A
c. The established frequency that food will be collected or self-hauled. d. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) If it has not entered into a contract or written agreement with Food Recovery Organizations or Food Recovery Service, a record that describes (i) its direct donation of Edible Food to end recipients (including employees) and/or (ii) its food waste prevention practices that result in it generating no surplus Edible Food that it can donate. (e) Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators shall provide, upon request, a Food Recovery report to the City that includes the information in (c)(7). Said Generators shall provide the requested information within sixty (60) days of the request.
(f) Nothing in this chapter shall be construed to limit or conflict with (1) the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 or (2) otherwise applicable food safety and handling laws and regulations. (g) Nothing in this chapter prohibits a Commercial Edible Food Generator from donating Edible Food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a).
6-3-126 Food Recovery Organizations and Services Requirements (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:
i. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
ii. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people.
iii. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
iv. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:
i. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. ii. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. This may also include the total quantity in pounds of food Attachment A
collected that was spoiled when received from a Commercial Edible Food Generator or otherwise not able to be used to feed people.
iii. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators shall report to the City, the total pounds of Edible Food recovered from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with (regardless of whether those Generators are located in the City) according to the following schedule:
i. No later than August 15, 2022, submit an initial report covering the period of January 1, 2022 to June 30, 2022; and
ii. No later than March 31, 2023, and no later than every March 31 thereafter, submit a report covering the period of January 1 to December 31 of the previous calendar year.
(d) In order to support Edible Food Recovery capacity planning assessments and similar studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide, upon request, information and consultation to the City regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within sixty (60) days unless a shorter timeframe is otherwise specified by the City.
6-3-127 Self-Hauler Requirements
Commercial businesses are allowed to self-haul. Re sidents are required to use the collection program for their garbage, organic waste and recyclable materials.
Commercial Self-Haulers shall:
(a) Source Separate their Recyclable Materials and Organic Waste generated on-site from Solid Waste in a manner consistent with this section, or haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(b) Haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste or to a High Diversion Organic Waste Processing Facility. (c) Self-Haulers, which are Commercial Businesses inclu ding Multi-Family Residential Dwellings, shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste for a minimum of five (5) years; this record shall be subject to inspection by the City.
Attachment A
(1) The records shall include the following information:
i. Delivery receipts and weight tickets from the entity accepting the waste. ii. The amount of material in cubic yards or tons transported by the Generator to each entity.
iii. If the material is transported to an entity that do es not have scales on-site or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials rece ived, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(d) Self-Haulers that are Commercial Businesses includi ng Multi-Family Residential Dwellings shall provide these records, upon request , to the Public Works Director or Designee. Self-Haulers shall provide the requested information within 60 days. (e) Landscapers, who self-haul Organic Waste generated at a customer’s site, must also meet the requirements in this section.
6-3-128 Disputes and complaints.
In the event of disputes or complaints arising from or concerning the place where Garbage Containers, Compost Containers, and Recyclable Materials Containers shall be placed while awaiting the removal of such waste or the contents of such containers, or the quantities to be removed, or the number of times of removal, the Municipal Services Director shall designate the place, the estimated quantity, and the times and manner of removal. 6-3-129 Unlawful search and entry: Penalty.
(a) It shall be unlawful for any person except the owner, the City, or their designee, or someone with the owner’s consent or law enforcement personnel pursuant to a duly issued search warrant or probable cause, to rummage, explore, scavenge, or otherwise search a garbage, organic waste, or recyclable materials container. An exception to this is the City or their designee who may inspect containers to determine compliance with this Chapter and the law. 6-3-130 Inspections and Investigations
(a) The Municipal Services Director or Designee is auth orized to conduct any Inspections or other investigations as reasonably necessary to fur ther the goals of this chapter, subject to applicable laws. This may include Inspections a nd investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this c hapter, subject to applicable laws. This section does not allow entry in a private residenti al dwelling unit for Inspection. For the purposes of inspecting Commercial Business containe rs for compliance, the City’s Attachment A
Designee may conduct container Inspections for Proh ibited Container Contaminants and Commercial Businesses shall accommodate and cooperate.
(b) A person subject to the requirements of this chapte r shall provide or arrange for access during all Inspections (with the exception of a pri vate residential dwelling unit) and shall cooperate with the Municipal Services Director or D esignee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Inspection of Edible Food Recovery activities, review of required records, or other verification or Inspe ction to confirm compliance with any other requirement of this chapter. Failure to provide or arrange for access to the Premises or access to records for any Inspection or investigation is a violation of this chapter. (c) Any records obtained by the Municipal Services Dire ctor or Designee during Inspections and other reviews shall be subject to the requireme nts and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.
(d) The Municipal Services Director or Designee shall accept written complaints from persons regarding an entity that may be potentially non-compliant with this chapter. 6-3-131 Enforcement Authority
The City Manager, Municipal Services Director, Enforcement Officer and/or the City Attorney, or his or her Designee, shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to police officers pursuant to this code. 6-3-132 Civil action by authorized recycling contractor.
Nothing in this article shall be deemed to limit the right of an authorized recycling contractor to bring a civil action against any person who violates TMC 6-3-111, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor. 6-3-133 Violation and Penalties
(a) Violation of any provision of this chapter shall constitute an infraction and be subject to penalties. The minimum penalty for a first conviction for violating this chapter is a One Hundred and no/100ths ($100.00) Dollar fine; for a second conviction within one (1) year, the minimum penalty is a Two Hundred and no/100ths ($200.00) Dollar fine; for a third or subsequent conviction within one (1) year, the minimum penalty is a Two Hundred Fifty and no/100ths ($250.00) Dollar fine.
(b) Any person that continues in violation of this section shall be guilty of a separate and distinct offense for each and every violation, pursuant to TMC 1-2-01. (c) Violation of any provision of this chapter may also be deemed a public nuisance and enforced as such.
Attachment A
(d) If the City Attorney finds and declares that the defendant is a habitual offender of the provisions of this article, the City Attorney may elect to prosecute such violation as a misdemeanor, which shall be punishable by a fine of not more than Five Hundred and no/100ths ($500.00) Dollars or imprisonment in the Stanislaus County jail for not more than six (6) months, or both.
6-3-134 Collections of costs: Injunctions.
In order to enforce the provisions of this chapter, the City may correct any violation hereof. The cost of such correction, including attorney’s fees, may be added to any sewer service charge payable by the person violating the chapter of the property upon which the violation occurred, and the City shall have such remedies for the collection of such costs as it has for the collection of sewer service charges. The City may also petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of the provisions of this chapter. 6-3-135 Civil liabilities and penalties.
Any person who intentionally or negligently violates any provision of this chapter shall be liable civilly to liabilities imposed by the City against which the violation occurs. Such civil liability may be in a sum not to exceed Ten Thousand and no/100ths ($10,000) Dollars. The City may petition the Superior Court to enforce and recover such sums. In determining such amount, the City shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the corrective action, if any, and the fines and penalties imposed on the City by other agencies.
SECTION 2. VALIDITY: If any section, subsection, sentence, clause, word , or phrase of this ordinance is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The Turlock City Council hereby declares that they would have p assed this ordinance, and each section, subsection, sentence, clause, word, or phr ase thereof, irrespective of the fact that one or more section, subsection, sentence, cla use, word, or phrase be declared invalid or unconstitutional.
SECTION 3. ENACTMENT: Prior to the expiration of fifteen (15) days from the passage and adoption thereof, this ordinance shall be published in a newspaper of general circulation printed and published in the County of Stanislaus, State of California, together with names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED at a regular meeting of the City Council of the Ci ty of Turlock this 10th day of May, 2022, by the following vote:
Attachment A
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
Signed and approved this 10
th day of May, 2022.
__________________________
Amy Bublak, Mayor
ATTEST:
_____________________________
Julie Christel, City Clerk,
City of Turlock, County of Stanislaus,
State of California
City Council Staff Report
May 10, 2022
From: Reagan M. Wilson, City Manager
Prepared by: Reagan M. Wilson, City Manager
Agendized by: Reagan M. Wilson, City Manager
1. ACTION RECOMMENDED:
Motion: Authorize the City Manager to negotiate agreements as recommended in the Council Report on Homelessness prepared by C ouncilmember Monez and Vice Mayor Franco and bring back to City Council for final consideration, if necessary
2. SYNOPSIS:
The committee report made a variety of recommendati ons including the addition of one (1) part-time Homeless Program Coordinator w hich was approved by City Council as part of the City’s reorganization on Apr il 12, 2022. Further recommendations include, but are not limited to:
Continue support to the Gospel Mission and WeCare as primary providers of emergency shelter services and to the Turlock Fair facilities as a back-up shelter.
Develop stronger relationships with our churches a nd other religious institutions already providing services and assistance. Identify resources available to homeless Veterans via the Veterans Administration and the Stanislaus County Veterans Service Office. In talking with the County Veteran Services Office, we found t hey have a variety of services to assist homeless veterans. They have re cently hired a full-time counselor to work specifically with homeless vetera ns and are available to participate in onsite interactions, including in Turlock. Work with the League of California Cities and repr esentatives from our state legislature in pursuing legislative changes that re solve issues brought forward in the Martin v. City of Boise case that has severely hampered local ordinances being used as a tool in working with the homeless. We will also work with our state legislatures to get a bill passed that reflects what we are doing in Turlock.
Work with the Turlock Gospel Mission in establishing appropriate signage at key intersections that give residents an alternativ e to handing out money to pan handlers such as donating funds to our non-prof it providers currently working with the homeless. The City’s Finance Depa rtment can set up the required accounting program.
Adopt a Resolution of Support for Legacy Health En dowment (LHE) and CareLinx’s grant application for Respite care and H omemaker Services.
Approve a grant of $200,000 to LHE in support of their Person-Care Initiative which would provide long term care at home for Turl ock residents that are 55 and older who do not qualify for Medi-cal. LHE would provide an additional $650,000 to assist Turlock and other residents in t heir geographical jurisdictions and provide the City Council with quarterly updates. Enter into an agreement with Legacy Health Endowme nt (LHE) to prepare an RFP for mobile services to aid families in need (including the homeless) with primary care services and free prescription drug coverage. Anyone with or without health insurance would be eligible. This will be a first in the nation program.
Continue to establish annual goals for reducing the homeless population.
The current estimated number of our homeless popula tion is 250 so our tentative goal is to reduce that number by 50 persons by each year’s end.
As additional information, the County has established two CARE teams through its Probation Department. This is a multidisciplinary t eam with members from the mental health, public health, criminal justice and other service providers who facilitate, provide, and share responsibilities in, assessment coordination and treatment services to most appropriately meet the c omplex mental, physical, and social needs of the targeted population. The CARE t eam assists not only in the County but in cities as well. They have opened an office in Turlock and the Turlock Police Department has assigned a police sergeant an d patrol officer to work with the CARE teams. Staff will arrange a presentation t o inform the City Council about this program at the May 24, 2022 Council meeting.
3. DISCUSSION OF ISSUE:
See attached City Council Staff Report dated February 22, 2022 (Attachment A) to the City Council, by Council Member Monez and Vice Mayor Franco.
4. BASIS FOR RECOMMENDATION:
A well thought out plan and program will have a sig nificant, positive impact on the homeless in Turlock. The plan addresses:
Emergency and transitional beds
Long-term housing potential
Provides access to County job training programs
Helps individuals and families from sliding into h omelessness Provide law enforcement with better tools and reso urces for interacting with the homeless population and gives citizens an alternati ve way to support our community partners
Subsequent to these actions, staff will return at a future date to propose further actions. Until a part-time coordinator can be secu red, many remaining actions cannot be acted upon.
5. FISCAL IMPACT / BUDGET AMENDMENT
Fiscal Impact
The fiscal impact is estimated to be $750,000. This is dependent on negotiations of the various agreements and programs. ARPA, CDBG an d HOME funds will be the funding sources for these agreements. Subsequent activities will also need funding approval at a later date after agreements have been negotiated which staff anticipates to be over a three-month period.
6. CITY MANAGER’S COMMENTS:
Recommend Approval
7. ENVIRONMENTAL DETERMINATION:
N/A
8. ALTERNATIVES:
Not approve the recommendations. Staff is not recommending this choice as it would sustain the status quo.
9. ATTACHMENTS:
A. City Council Staff Report dated February 22, 202 2
City Council Staff Report
February 22, 2022
From: Councilmembers Rebecka Monez and Pam Franco
Prepared by: Councilmembers Rebecka Monez and Pam F ranco
Agendized by: Reagan M. Wilson, City Manager
1. ACTION RECOMMENDED:
Motion: Accepting Report of the Ad Hoc Committee o n the Homeless and Directing City Manager to Return to the City Counci l with proposed expenditures for Council action
2. SYNOPSIS:
The Ad Hoc Committee on Homelessness was appointed by the Mayor in June of 2021 and has consulted with numerous parties on the challenge faced by the City. This is its report to the City Council with its recommendations.
3. DISCUSSION OF ISSUE:
Turlock has attempted many ways over many years to address the unsheltered homeless population. The needs are challenging but not impossible to address.
While all elected officials recognize that the vast majority of homeless persons do not want to be homeless, many homeless have come throug h a health and mental health system where they became disoriented.
Turlock nonprofit organizations have addressed and continue to address the myriad of needs of the homeless. In collaboration with the Ci ty of Turlock and other funding sources, significant resources have been utilized to address the challenge.
Legacy Health Endowment (“Legacy Health”) issued a report in Spring 2019 that underscored many of our community's problems in add ressing homelessness. What Legacy Health pointed out then still is true today:
Agenda Staff Report
2/22/22