Agenda packet — Turlock City Council, May 13, 2025 (part 3 of 6)

Rail-Cap
Name / Description Funding Source
LTF
FTA (all FTA funds)
STA (99313)
STA (99314)
LCTOP (99313)
LCTOP (99314)
SGR (99313)
SGR (99314)
CMAQ
Measure L
Measure L Regional
City of Modesto - LTF
City of Modesto - STA
Stanislaus - LTF
Other
Project Total
LTF
FTA (all FTA funds)
STA (99313)
STA (99314)
LCTOP (99313)
LCTOP (99314)
SGR (99313)
SGR (99314)
CMAQ
Measure L
Measure L Regional
City of Modesto - LTF
City of Modesto - STA
Stanislaus - LTF
Other
Project Total
LTF
FTA (all FTA funds)
STA (99313)
STA (99314)
LCTOP (99313)
LCTOP (99314)
SGR (99313)
SGR (99314)
CMAQ
Measure L
Measure L Regional
City of Modesto - LTF
City of Modesto - STA
Stanislaus - LTF
Other
Project Total
22013 - Amtrak Bus Shelter
Improvements
Install bus shelter and related
amenities in transit passenger
pick-up and drop-off area at
the Turlock-Denair Amtrak
Station.

Rail
Capital Projects
Carryover Funding Expend. Transfers Carryover Funding Expend. Transfers $ 20,000 $ 20,000 $ 20,000
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ 20,000 $ - $ - $ - $ 20,000 $ - $ 20,000 $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
2024-25 2025-26
Estimated Proposed

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Rail-Cap
Name / Description Funding Source
22013 - Amtrak Bus Shelter LTF
Improvements
Rail
Capital Projects
FTA (all FTA funds)
STA (99313)
STA (99314)
LCTOP (99313)
LCTOP (99314)
SGR (99313)
SGR (99314)
CMAQ
Measure L
Measure L Regional
City of Modesto - LTF
City of Modesto - STA
Stanislaus - LTF
Other
Project Total
LTF
FTA (all FTA funds)
STA (99313)
STA (99314)
LCTOP (99313)
LCTOP (99314)
SGR (99313)
SGR (99314)
CMAQ
Measure L
Measure L Regional
City of Modesto - LTF
City of Modesto - STA
Stanislaus - LTF
Other
Project Total
TOTAL
LTF
FTA (all FTA funds)
STA (99313)
STA (99314)
LCTOP (99313)
LCTOP (99314)
SGR (99313)
SGR (99314)
CMAQ
Measure L
Measure L Regional
City of Modesto - LTF
City of Modesto - STA
Stanislaus - LTF
Other

TOTAL - ALL FUNDING SOURCES
Carryover Funding Expend. Transfers Carryover Funding Expend. Transfers 2024-25 2025-26
Estimated Proposed
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
20,000 - - - 20,000 - 20,000 -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
$ 20,000 $ - $ - $ - $ 20,000 $ - $ 20,000 $ -

Page 315 of 851 ends

Rail
Capital Projects
Carryover Funding Expend. Transfers Carryover Funding Expend. Transfers Carryover Funding Expend. Transfers $ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
2027-28 2028-29
Proposed Proposed
2026-27
Proposed

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TOTAL - ALL FUNDING SOURCES
Carryover Funding Expend. Transfers Carryover Funding Expend. Transfers Carryover Funding Expend. Transfers 2027-28 2028-29
Proposed Proposed
2026-27
Proposed
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -

Page 317 of 851 ends

Rail-B
Budget Actual Unaudited Estimated Proposed Proposed Proposed Proposed Rail 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29

REVENUE FOR OPERATIONS
Passenger Fares $ - $ - $ - $ - $ - $ -
Auxiliary (inc. Advertising) $ - $ - $ - $ - $ - $ -
Special Transit Fares $ - $ - $ - $ - $ - $ -
Non-transportation (inc. Interest) $ - $ - $ - $ - $ - $ - LTF $ 6,410 $ 6,717 $ 6,717 $ 6,096 $ 6,234 $ 6,374
City of Modesto - LTF $ - $ - $ - $ - $ - $ -
Stanislaus - LTF $ - $ - $ - $ - $ - $ -
FTA (all FTA funds) $ - $ - $ - $ - $ - $ -
STA (99313) $ - $ - $ - $ - $ - $ -
STA (99314) $ - $ - $ - $ - $ - $ -
LCTOP (99313) $ - $ - $ - $ - $ - $ -
LCTOP (99314) $ - $ - $ - $ - $ - $ -
SGR (99313) $ - $ - $ - $ - $ - $ -
SGR (99314) $ - $ - $ - $ - $ - $ -
CMAQ $ - $ - $ - $ - $ - $ -
Measure L $ - $ - $ - $ - $ - $ -
Measure L Regional $ - $ - $ - $ - $ - $ -
City of Modesto - STA $ - $ - $ - $ - $ - $ -
SB1-Regional Share $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ -
TOTAL REVENUE FOR OPERATIONS $ 6,410 $ 6,717 $ 6,717 $ 6,096 $ 6,234 $ 6,374

OPERATING EXPENDITURES
Labor $ - $ - $ - $ - $ - $ -
Fringe Benefits $ - $ - $ - $ - $ - $ -
Services $ - $ - $ - $ - $ - $ -
Materials & Supplies $ - $ - $ - $ - $ - $ -
Utilities $ 3,847 $ 4,400 $ 4,800 $ 4,896 $ 4,994 $ 5,094 Casualty & Liability $ - $ - $ - $ - $ - $ -
Taxes $ - $ - $ - $ - $ - $ -
Purchase Transportation Services $ - $ - $ - $ - $ - $ - Misc. Expenses $ - $ 600 $ 600 $ 600 $ 620 $ 640
Expense Transfers $ - $ - $ - $ - $ - $ -
Interest Expense $ - $ - $ - $ - $ - $ -
Leases & Rentals $ - $ - $ - $ - $ - $ -
Contingencies $ - $ 1,000 $ 1,317 $ 600 $ 620 $ 640
TOTAL OPERATING EXPENDITURES $ 3,847 $ 6,000 $ 6,717 $ 6,096 $ 6,234 $ 6,374 NET SURPLUS / (DEFICIT) FOR OPERATIONS $ 2,563 $ 717 $ (0) $ (0) $ (0) $ (0)

REVENUE FOR CAPITAL
LTF $ 20,000 $ 20,000 $ 20,000 $ - $ - $ -
FTA (all FTA funds) $ - $ - $ - $ - $ - $ -
STA (99313) $ - $ - $ - $ - $ - $ -
STA (99314) $ - $ - $ - $ - $ - $ -
LCTOP (99313) $ - $ - $ - $ - $ - $ -
LCTOP (99314) $ - $ - $ - $ - $ - $ -
SGR (99313) $ - $ - $ - $ - $ - $ -
SGR (99314) $ - $ - $ - $ - $ - $ -
CMAQ $ - $ - $ - $ - $ - $ -
Measure L $ - $ - $ - $ - $ - $ -
Measure L Regional $ - $ - $ - $ - $ - $ -
City of Modesto - LTF $ - $ - $ - $ - $ - $ -
City of Modesto - STA $ - $ - $ - $ - $ - $ -
Stanislaus - LTF $ - $ - $ - $ - $ - $ -
Other $ - $ - $ - $ - $ - $ -
TOTAL REVENUE FOR CAPITAL $ 20,000 $ 20,000 $ 20,000 $ - $ - $ -

CAPITAL EXPENDITURES
22013 - Amtrak Bus Shelter Improvements $ - $ - $ 20,000 $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ -
TOTAL CAPITAL EXPENDITURES $ - $ - $ 20,000 $ - $ - $ - NET SURPLUS / (DEFICIT) FOR CAPITAL $ 20,000 $ 20,000 $ - $ - $ - $ - TOTAL REVENUE $ 26,410 $ 26,717 $ 26,717 $ 6,096 $ 6,234 $ 6,374 TOTAL EXPENDITURES $ 3,847 $ 6,000 $ 26,717 $ 6,096 $ 6,234 $ 6,374 TOTAL NET SURPLUS / (DEFICIT) $ 22,563 $ 20,717 $ (0) $ (0) $ (0) $ (0)

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StanRTA 2023-24 TDA Claims
Transit Asset Management (TAM) and Public Transportation Agency Safety Plan (PTASP) Report FY Most Recently Updated
FY to be Next Updated
Actual Target Actual Target Actual Target Actual Target Fixed Route 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
DR/Support Equipment 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Narrative
(provide a brief
description of how you
plan to meet your targets
for this FY)
FY Most Recently Updated
FY to be Next Updated
Fatalities Fatalities Rate Injuries Injuries Rate
System
Reliability Safety Events
Safety Events
Rate
(per 100k VRM) (per 100k VRM) (per 100k VRM) (per 100k VRM) Rail
Fixed-Route Bus 1.00 0.30 1.20 7.00 0.58
Non-Fixed-Route Bus 1.00 1.30 5.50 3.00 0.25
Other
Narrative
(provide a brief
description of how you
plan to meet your targets
for this FY)

PTASP ANNUAL SAFETY PERFORMANCE TARGETS
FY 2024-25
FY 2025-26
Infrastructure
(Percent of revenue vehicles >
ULB)
(Percent of non-revenue
vehicles > ULB)
(Percent of facilities < TERM
scale 3)
(Percent of track segments with
restrictions)
Facilities

TAM PLAN ANNUAL TARGETS AS REPORTED TO NTD
FY 2024-25
FY 2025-26
Rolling Stock Equipment
The City of Turlock intends to regularly evaluate the conditions of our assets, determine asset needs based on current and planned service deployments, and budget for those needs accordingly. The City plans to replace rolling stock and equipment by the end of it's Useful Life Benchmark (ULB) in accordance with the adopted Transit Asset Management (TAM) Plan.

The City of Turlock intends to follow the Safety Management Policy commitments outlined within the PTASP to ensure that established goals are clear, lines of communication are open, that input is actively solictied from relevant parties, and tha t appropriate and timely responses are provided to reported and/or observed hazards. For more information, please reference the City of Turlock's complete PTASP.

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City Council Staff Report
May 13, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Wayne York, Transit Manager
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Approving the submission of a Low Carbon Transit Operations Program (LCTOP) grant application to the State of California for a Free Fares Project for FY 2025-26 ($155,690), developed in coordination with regional peers, and authorizing the City Manager or Interim City Manager to execute the Certifications & Assurances form, Authorized Agent form and any other document necessary to secure the funding and implement the project

2. DISCUSSION OF ISSUE:

The Low Carbon Transit Operations Program (LCTOP) is part of California Climate Investments, a statewide program that puts billions of Cap-and-Trade dollars to work reducing greenhouse gas (GHG) emissions, strengthening the economy, improving public health and the environment– particularly in disadvantaged communities. The Cap-andTrade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. California Climate Investments projects include affordable housing, renewable energy, public transportation, zero emission vehicles, environmental restoration, more sustainable agriculture, recycling, and much more. At least 35 percent of these investments are located within and benefiting residents of disadvantaged communities, low-income communities, and low-income households across California.

In an effort to achieve GHG emission reduction goals, increase ridership and implement a program with a regional impact, City staff, in cooperation with Stanislaus Regional Transit Authority (StanRTA) staff, agreed to pursue LCTOP funding for FY 2025-26 to provide free fares on fixed route services during specific, regionally coordinated promotional periods:
• The full month of July 2025, including expanded and enhanced services during the period of the Stanislaus County Fair;
• The full month of December 2025
• Go Green Week (03/15/26 – 03/21/26)
• Earth Day (04/22/26)
• Dump the Pump Day (06/18/26)
LCTOP grant funding is provided by the State through two separate allocations:
• Section 99313 funds provided to the region; and
• Section 99314 funds provided directly to the agency

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Agenda Staff Report
5/13/2025
Funding is allocated by the State Controller’s Office (SCO) based on the current fiscal year (FY 2024-25), which are the dates used on all LCTOP applications forms to identify the funding source, though they are designated for use in the following fiscal year (FY 2025- 26). The SCO allocated $1,418,350 (Section 99313) funds to the Stanislaus Council of Governments (StanCOG) and $5,214 (Section 99314) to the City of Turlock. After discussions between StanCOG, StanRTA and Turlock staff, all parties agreed to an equitable methodology for dividing the funds, based on proposed free fare periods and estimated ridership levels. This resulted in Turlock receiving $144,296 of the region’s Section 99313 monies, for a total of $149,510 in LCTOP funding overall. The City estimates contributing $6,180 in transit Local Transportation Funds (LTF) to complete funding for the project.

In addition to the LCTOP-funded program in Stanislaus County, StanRTA and Turlock staff have coordinated with staff in Merced County as well for a joint, multi-county free-fare period in July 2025, further reducing financial barriers to transit and improving regional accessibility for all residents.

3. BASIS OF RECOMMENDATION:

A. The Free Fare Project will provide free fixed route fares throughout the year during designated promotional periods to all riders.

B. The regional approach to free fares will make it easier for passengers that transfer between transit services as part of their trip.

C. The proposed LCTOP revenue has been included in the draft Transit (Fund 426) municipal budget for FY 2025-26.

4. FISCAL IMPACT / BUDGET AMENDMENT:

City staff estimates the costs to provide free fares during the specified periods to be $155,690. These costs are proposed to be covered as follows:
• $144,296 in Section 99313 Regional LCTOP funds;
• $5,214 in Section 99314 Direct LCTOP funds;
• $6,180 in Local Transportation Fund (LTF) funds
There is no impact to the General Fund. No budget amendment is required.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378 (Project) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in

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Agenda Staff Report
5/13/2025
direct or indirect physical changes in the environment” and therefore is not considered a project.

8. ALTERNATIVES:

A. Reject approval for seeking LCTOP grant funds and providing a grant-funded free ride program for FY 2025-26. Staff does not recommend this approach because the grant funding serves a valuable local and regional purpose, eliminates financial barriers to public transit and assists in achieving air quality goals.

9. ATTACHMENTS:

1. Draft Resolution

2. LCTOP Allocation Request

3. LCTOP Signature Pages

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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-

WHEREAS, the City of Turlock is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and
WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and
WHEREAS, the Turlock City Council wishes to delegate authorization to execute these documents and any amendments thereto to Susan Borrego, Interim City Manager; and
WHEREAS, the City wishes to implement the following LCTOP project:

Project Name: Free Fares Project
Short description of project: The Free Fare Project will offer free rides to the general public during regionally recognized promotional periods including the months of July and December, Go Green Week, Earth Day, and Dump the Pump Day.

Amount of LCTOP funds requested: $149,510
Benefit to a Priority Populations: Turlock Transit provides bus services to the disadvantaged communities within the area. This project will improve public health and reduce greenhouse gas emissions and other particulate matters by encouraging people to use public transportation. This will significantly benefit those }
}
}
}
}
}
}
}
}
}
}
}
}
}

IN THE MATTER OF APPROVING THE

SUBMISSION OF A LOW CARBON TRANSIT

OPERATIONS PROGRAM (LCTOP) GRANT

APPLICATION TO THE STATE OF

CALIFORNIA FOR A FREE FARES PROJECT
FOR FY 2025-26 ($155,690), DEVELOPED IN

COORDINATION WITH REGIONAL PEERS,

AND AUTHORIZING THE CITY MANAGER

OR INTERIM CITY MANAGER TO EXECUTE

THE CERTIFICATIONS & ASSURANCES

FORM, AUTHORIZED AGENT FORM AND

ANY OTHER DOCUMENT NECESSARY TO

SECURE THE FUNDING AND IMPLEMENT

THE PROJECT

Page 323 of 851 ends

Resolution No. 2025-

Page 2 ends

residents in disadvantaged communities who do not have the means of transportation other than the transportation services that is provided by Turlock Transit. Turlock Transit will continue to work with agencies that assist with lowincome residents in disadvantaged communities and public and public entities within the DAC area. During the free fare periods, people will be able to use public transportation to travel to employment centers, shopping malls, and educational institutions.

Amount to benefit Priority Populations: 100% ($155,690). The total funds are comprised of $149,510 in LCTOP funds + $6,180 in LTF funds.

Contributing Sponsors (if applicable): Stanislaus Council of Governments (StanCOG) is a contributing sponsor for the Section 99313 LCTOP funds in the amount of $144,296. The remaining LCTOP funds ($5,214) listed for this project were distributed directly to the City of Turlock.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock approves the submission of a Low Carbon Transit Operations Program (LCTOP) grant application to the State of California for a Free Fares Project for FY 2025-26 ($155,690), developed in coordination with regional peers, and authorizes the City Manager or Interim City Manager to execute the Certifications & Assurances form, Authorized Agent form and any other document necessary to secure the funding and implement the project; and BE IT FURTHER RESOLVED that the City Council of the City of Turlock does hereby agree to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects; and BE IT FURTHER RESOLVED that Susan Borrego, Interim City Manager, be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of May, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT: ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California

Page 324 of 851 ends

LCTOP FY 2024-2025 Allocation Request
Yes
22 4
5 13
Years
Months
Allocation Request Prepared by Contact (if different than "Prepared by") Name: Richard Green Name: Wayne York
Caltrans District: 10
Approved Date: 01/26/23
County: Stanislaus County
Agency Website: www.cityofturlock.org
Regional Planning Agency: Stanislaus Council of Governments Lead Agency Information
Lead Agency Name: City of Turlock
Address: 156 S Broadway #230
City, State, Zip Code: Turlock, CA 95380
Name: Christopher Fisher Assembly*:

Title: Municipal Services Director Senate*:

E-mail: [email protected] E-mail: [email protected] Authorized Agent Legislative District Numbers
Title: Transit Analyst Title: Transit Manager
Phone #: 209-669-2802 Phone #: 209-669-2800
Sub-Type
Implementation of free or reduced fares
Start date (anticipated) : 7/1/2025 End date (anticipated) :

Project Summary
Name: No more
than 180
characters.

The City of Turlock will offer system-wide free fares during certion promotional periods for Turlock residents.

Description
(Short): No
more than 375
characters.

This Free Fares Project will offer free rides to the general public during regionally recognized promotional periods including the months of July and December, Go Green Week, Election Day, Bike to Work Week, Earth Day, and Dump the Pump Day. This will encourage ridership and promote public transportation, while reducing greenhouse gas emissions.

Type: Operations_Project
Phone #: 209-668-5520 Congressional*:

E-mail [email protected] *if you have additional Districts, please provide a separate attachment Project Life: For capital projects, state the project useful life in years. For operation projects state the number of months a service will be funded.

Capital:

Operations: 12
Request LONP: Your agency has selected a start date prior to estimated Award Date of December 1, please provide an explanation of your need to start your project before the Award Date. $149,510
Rollover Projects: Please provide the total number of years your agency plans to accumulate funds and how many years, include this year remaining.

Rollover Project: No
Total Years of Rollover:

Remaining Years of Rollover:

Funding: 99313: $144,296 99314: $5,214 Total:

Turlock Transit will provide free fares for transit services during the months of July and December, and during promotional ev 6/30/2026
Does your agency have an approved Title VI Plan? (Please provide approval letter) Division of Local Assistance
Low Carbon Transit Operations Program Page 1 of 10
Sheet Name: Allocation Request

Page 325 of 851 ends

Rev. 1-2025
LCTOP FY 2024-2025 Allocation Request
$144,296
PUC 99314 Amount: $5,214 $5,214
PUC 99313 Amount: $144,296
Funding Information
Allocation Year Prior FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Total $0
Other Funds: $6,180 $6,180
Other GGRF:
$149,510
LCTOP Interest: $0
Total LCTOP Funds: $0 $149,510 $0 $0 $0
Contact Person: Wayne York 99313
Contact Phone #: 209-669-2800 $5,214 99314
$0 $155,690
Lead Agency: City of Turlock Amount: PUC Funds Type:

Total Funding: $0 $155,690 $0 $0 $0
Contact Phone #: (209) 525-4891 99314
Contact E-mails: [email protected]
Contributing Sponsor: Stanislaus Council of Governments Amount: PUC Funds Type:

Contact Person: Jean Foletta $144,296 99313
Contact E-mail: [email protected]
Contact E-mails:

PUC Funds Type:

Contact Person: 99313
Contact Phone #: 99314
Contributing Sponsor: Amount:

Total FY 24-25 LCTOP Funding $149,510
Fully Funded Project: Provide a description of all the funds that will be used to complete this project and how LCTOP funds will not supplant other funding sources. Include the project ID and awarded funding amount from prior rollover years.

Contact Phone #: 99314
Contact E-mails:

Contributing Sponsor: Amount: PUC Funds Type:

Contact Person: 99313
This project will utilize LCTOP funds and LTF funds. LCTOP funds will not supplant other funding sources and the project could not continue without the contribution of LCTOP funds.

Detailed Funding Information: This section should be completed to detail any funds included in the “Prior” column of the Funding Information section above. For projects with an approved CAP that transferred funds and/or interest into the project from previous years, include the Project ID, amount of funds transferred, and CAP approval date.

No prior funds are being applied to this project.

Division of Local Assistance
Low Carbon Transit Operations Program Page 2 of 10
Sheet Name: Allocation Request

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Rev. 1-2025
LCTOP FY 2024-2025 Allocation Request
FY 27-28 FY 28-29 Total
PA&ED $0 $0 $0 $0 $0 $0
Funding Plan
Total Project Funding
Component Prior FY 24-25 FY 25-26 FY 26-27
$0 $0
CON $0 $0 $0 $0 $0 $0 $0
R/W $0 $0 $0 $0 $0
$0
PS&E $0 $0 $0 $0 $0 $0 $0
$0 $155,690
Funding Source: Low Carbon Transit Operations Program (LCTOP) Component Prior FY 24-25 FY 25-26 FY 26-27 FY 27-28
TOTAL $0 $155,690 $0 $0 $0
$0 $0
Operations/Other $0 $155,690 $0 $0 $0 $0 $155,690
Veh/Equip Purchase $0 $0 $0 $0 $0
$0
R/W $0
PS&E
FY 28-29 Total
PA&ED $0
$149,510
TOTAL $0 $149,510 $0 $0 $0 $0 $149,510
Operations/Other $149,510
$0
Veh/Equip Purchase $0
CON
$0
PS&E $0
PA&ED
Funding Source: LTF
Component Prior FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Total $0
Operations/Other $6,180 $6,180
Veh/Equip Purchase
$0
CON $0
R/W
Funding Source:

Component Prior FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Total TOTAL $0 $6,180 $0 $0 $0 $0 $6,180
$0
CON $0
R/W
$0
PS&E $0
PA&ED
TOTAL $0 $0 $0 $0 $0 $0 $0
$0
Operations/Other $0
Veh/Equip Purchase
$0
PS&E $0
PA&ED
Funding Source:

Component Prior FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Total $0
Operations/Other $0
Veh/Equip Purchase
$0
CON $0
R/W
TOTAL $0 $0 $0 $0 $0 $0 $0
Division of Local Assistance
Low Carbon Transit Operations Program Page 3 of 10
Sheet Name: Allocation Request

Page 327 of 851 ends

Rev. 1-2025
LCTOP FY 2024-2025 Allocation Request
FY 27-28 FY 28-29 Total
PA&ED
Funding Plan
Funding Source:

Component Prior FY 24-25 FY 25-26 FY 26-27
$0
CON $0
R/W
$0
PS&E $0
TOTAL $0 $0 $0 $0 $0 $0 $0
$0
Operations/Other $0
Veh/Equip Purchase
$0
PS&E $0
PA&ED
Funding Source:

Component Prior FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Total $0
Operations/Other $0
Veh/Equip Purchase
$0
CON $0
R/W
Funding Source:

Component Prior FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Total TOTAL $0 $0 $0 $0 $0 $0 $0
$0
CON $0
R/W
$0
PS&E $0
PA&ED
TOTAL $0 $0 $0 $0 $0 $0 $0
$0
Operations/Other $0
Veh/Equip Purchase
$0
PS&E $0
PA&ED
Funding Source:

Component Prior FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Total $0
Operations/Other $0
Veh/Equip Purchase
$0
CON $0
R/W
Funding Source:

Page 328 of 851 ends

Rev. 1-2025
LCTOP FY 2024-2025 Allocation Request
Project Information
1) Project Description - Provide a comprehensive project description. For operations projects, include: number of trips, span, frequency improvements, number of days of operation and marketing component. For capital projects, include: product specifications and identify all LCTOP funded components. No more 1450 Characters.

Turlock Transit will provide free fares for transit services at various times (i.e. July and December) and during promotional events (i.e. Go Green Week and Earth Day) throughout the year to the general public. The free rides are provided Monday through Friday from 6:00 a.m. to 9:00 p.m. and Saturdays from 9:00 a.m. to 7:00 p.m. on all modes for each of the following periods: The months of July and December, Go Green Week, Earth Day, and Dump the Pump Day. The specific dates were selected in coordination with the Stanislaus Regional Transit Authority (StanRTA) to ensure continuity in the Stanislaus region, as well as support enhanced and expanded transit efforts during the Stanislaus County Fair (July), the span of the project will be from one-day to one-month throughout the year. The project will provide free fares in disadvantaged communities to increase ridership and reduce greenhouse gas emissions. The goal of this project is to incentivize fixed route transit ridership growth. While free rides are provided on all modes, the project is for free rides on fixed route only. With a project estimate of $155,690 and standard fares of $2.00 the project is expected to provide 77,845 passenger trips. 2) Project Planning - Provide a detailed explanation of the project planning process and how it was designed to avoid substantial burden on any low- income, disadvantaged, and vulnerable populations. Include any public outreach, events, workshops or community input. No more than 1450 characters.

This project was discussed with community stakeholders, including disadvantaged community members, during the previous Short-Range Transit Plan development process and there was broad support for it. In addition, the City has conducted similar projects in the past few years, also coordinated with neighboring agencies, and both the other agencies and the passengers have expressed support for it. Given the nature of the deployment, it benefits all users, not specific demographics.
3) Project Costs - Provide an itemized breakdown of project components and describe how the cost estimations were developed. Please include marketing and bus wraps cost in this section. Total costs must correspond to the Funding Information section above. No more than 1450 characters.

Based on the current fare rate ($2.00) and the average ridership on weekdays (1,373) and Saturdays (646), adjusted up 10% for anticipated ridership growth, and considering the number of days for each free ride period, the City determined the following costs for the following free fare periods: Free months in July and December ($135,176); Go Green Week ($15,022); Earth Day ($2,746); and Dump the Pump Day ($2,746). The total project cost is $155,690 and will cover fixed route trips only.

Division of Local Assistance
Low Carbon Transit Operations Program Page 5 of 10
Sheet Name: Allocation Request

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Rev. 1-2025
LCTOP FY 2024-2025 Allocation Request
Turlock Transit fixed route fares include a standard $2.00 All-Day pass, a $1.00 Discount pass, a $30.00 30-Day pass, and a $15.00 Discount 30-Day pass. For the purposes of this project, and to ensure we minimize delays for boarding (i.e. not requiring presentation of qualifying ID for discount fare), we are utilizing the standard fare for all passengers.

The project will provide free fares for all passengers for fixed route trips only. 5) Agency Service - Describe the transit service provided and how the project plays into the overall operations.

No more than 2450 characters.

Turlock Transit operates seven fixed routes and paratransit service throughout the City Monday-Friday (6am-9pm) and Saturday (9am-7pm). Turlock Transit also provides On-Demand service to the city of Turlock and nearby community of Denair. The operating hours for all services are the same. The Free Fare Program would provide free transit rides to all residents during normal operating hours, as well as extended and enhanced service during a portion of July (as part of the Stanislaus County Fair). These enhanced services will include shuttles from the Fairgrounds to the Transit Center as well as extended hours and operating days for regular fixed routes to match the operating days/hours of the Fair.

Agency Information
4) Agency Fare - Describe your agency's fare structure including any discounts or special fares and how the project will affect that structure if at all. No more than 1450 characters.

Division of Local Assistance
Low Carbon Transit Operations Program Page 6 of 10
Sheet Name: Allocation Request

Page 330 of 851 ends

Rev. 1-2025
LCTOP FY 2024-2025 Allocation Request
Greenhouse Gas Reductions - Please provide quantitative information requested below and explanations supporting the data provided.

Value Explanation
Year 1 (Yr1) - First year of service, or year
that capital improvements will be
completed.
2025
The project is expected to start July 1, 2025.

Project GHG Benefits
Greenhouse Gas Reductions - Describe qualitatively how this project will reduce greenhouse gas emissions.

The Free Fares Project will reduce traffic congestion (and summer ozone level during summer events) by having more people use public transportation, instead of using their personal automobile to travel to employment centers, shopping malls, doctor offices, and recreational facilities, thus increasing ridership, reducing vehicle miles traveled and greenhouse gas emissions. The enhanced and extended services provided during the Stanislaus County Fair, provided for free to attendees, will further encourage more riders, particularly those that never considered the bus as an option due to the traditional operating hours and previous lack of "front door" service (proposed service would go to the front gate).

Trip Length (L) - Length (miles) of average
auto trip reduced or average passenger
trip length. You may use defaults values
list ed in the Lookup Tables tab.

3.29 NTD average trip length
Project Useful Life 1This is calculated based on the values above.

Project Yr. F Ridership Increase - Estimated
annual ridership contributed by the new
service or capital improvement in YrF.
7,143
The first year is also expected to be the final year.

Adjustment (A) - Adjustment factor to
account for Choice Riders. You may use
default values listed in the Lookup Tables
tab.

0.561
Adjustment factor for Local Transit Bus
Year F (YrF) - Final year that the service is
funded or the final year of useful life for
capital improvements.
2026
The project is expected to end June 30, 2025.

Project Yr. 1 Ridership Increase - Estimated
annual ridership contributed by the new
service or capital improvement in Yr1.
7,143
Estimation is based on a 10% increase over ridership in the same period for the previous fiscal year.

Total Project GHG Emission Reductions
(MTCO2e) 5.81
This number is calculated based on the values from
above and the QM-Tool tab.

LCTOP Project GHG Emission Reductions
(MTCO2e) 5.81
This number is calculated based on the values from
above and the QM-Tool tab.

Total Project Ridership Increased
7,143
This is calculated based on the values above.

Total Project VMTs Reduced
13,184
This number is calculated based on the values
above.

Division of Local Assistance
Low Carbon Transit Operations Program Page 7 of 10
Sheet Name: Allocation Request

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Rev. 1-2025
LCTOP FY 2024-2025 Allocation Request
X
X
X
Project Benefits
Primary Project Activity (select from drop-down) Operation of local transit service, including mixed mode % of Project Budget Associated with Primary Activity 100.00% Job Support Benefits (Refer to LCTOP Guidelines and CARB Co-Benefits website for more information) New Average One-Way Fare Cost
($/One-Way Trip/Rider) (Average fare per
boarding resulting from project
implementation)
$0.00 Project will offer free fares during promotional periods.

Transit Facility Parking Cost
($/Roundtrip/Rider) (Average cost to park
to use transit associated with project)
$0.00 No charge for parking at Transit Center
% of Project Budget Associated with Other Activity
Value Explanation
Baseline Average One-Way Fare Cost
($/One-Way Trip/Rider) (Average fare per
boarding, prior to project implementation)
$2.00 Regular fixed route fare for All-Day pass
Other Project Activity (select from drop-down)
% of Project Budget Associated with Other Activity
Other Project Activity (select from drop-down)
Travel Cost Savings Benefits
Reduced Operating/Maintenance Costs Promotes Active Transportation Increase System Reliability Promotes Integration w/ other modes Co-Benefits - Describe benefits selected above and other benefits not listed.

Improved Public Health: The project will improve air quality and reduce greenhouse gas emissions. Stanislaus County is a designated nonattainment area for ozone and a maintenance area for carbon monoxide. The ozone classifications are extreme nonattainment for 1-hour and 8-hour zone measurements and moderate for carbon monoxide. PM 2.5 and PM 1.0 are classified as serious and is a maintenance area. Promotes Active Transportation:

The project will encourage the use of public transportation, bicycling, and walking to destinations. All local buses are equipped with a bike rack to accommodate 2 bicycles each, providing a smooth system for securing bicycles.

Co-Benefits - Check all additional Benefits/Outcomes.

Improved Safety Coordination with Educational Institution Improved Public Health College Grades K-12
Avoided Parking Cost ($/Roundtrip/Rider)
(Average avoided parking cost associated
with project)
$10.00
Avoid parking charges for the 10 days fo the Stanislaus County Fair during July through use of the free transit service and free transit suttles.

Avoided Toll Cost ($/Roundtrip/Rider)
(Average avoided toll cost associated with
project)
$0.00 No toll charges in Turlock
Division of Local Assistance
Low Carbon Transit Operations Program Page 8 of 10
Sheet Name: Allocation Request

Page 332 of 851 ends

Rev. 1-2025
LCTOP FY 2024-2025 Allocation Request
D. Alternative Approach: Where direct engagement is infeasible, refer to thelist of common needs for priority populations in CARB’s Funding Guidelines Table 5 and confirm that the project addresses at least one listed need.

Specific Common Need: Make a selection
only if letter D is selected above.

ECON 5 Reduce transportation costs (e.g., free or reduced cost transit passes) and improve access to public transportation (e.g., new services in under-served urban and rural communities).

Is the project located within the boundaries of a low-income community census tract or household? Yes Is the project located outside of a disadvantaged community, but within 1/2 mile of a disadvantaged community and within a low-income census tract? Yes
Priority Population Community Engagement: Identify the specific assessment for the Community Engagement Co-benefit (High, Medium, Low):

Low
Priority Populations Benefits
Step 1 - Identify the Priority Population(s): Determine if the project is at least partially located within a Priority Population census tract or will benefit Priority Population households.

Does your Agency's Service Area have a Disadvantaged Community? (as defined by SB 535) Yes Is the project located within the boundaries of a disadvantaged community census tract? Yes Priority Populations Community Needs Description: Expound on the selections above in Method and Specific Common Need to describe the process that your agency used to identify important community needs. Provide details of any public outreach efforts, engagement events, community input, and workshops. No more than 1,200 characters.

City of Turlock is within DAC. Turlock Transit used the California Climate Investments Priority Populations 2023 and past ridership to identify the community needs for free fares to use public transportation services. Turlock Transit will participate in and host public outreaches and community events to encourage more residents to use public transportation. To help reduce the pollution burden in the area, Turlock Transit is encouraging the use of public transportation with the Free Fares Project.

Step 3 - Provide a Benefit: Does the project provide a direct, meaningful, and assured benefits to priority populations?
Identify the Priority Population(s) that will
benefit from this project.

Project provides benefits to a DAC, a LIC/HH, and a LIC/HH 0.5mi from a DAC
Priority Population Benefit: Select the
benefit your project provides to the
community or household.

B. Project provides increased access to clean and/or shared transportation options.

Step 2 - Identify a Need: Identify an important community or household need and evaluate how the project provides a benefit that meaningfully addresses the need.

Method: Select the method your agency
used for identifying an important
community or household need.

Division of Local Assistance
Low Carbon Transit Operations Program Page 9 of 10
Sheet Name: Allocation Request

Page 333 of 851 ends

Rev. 1-2025
LCTOP FY 2024-2025 Allocation Request
SB 1119 Project Criteria: If this is a new or expanded service project, explain how it connects to a transit service that serves a Disadvantaged Community.

Agency can meet there DAC requirement by meeting any of the SB 1119 Project Criteria (Only complete this section if you anwsered Yes in cell X253 and No in cell X254) :

Is the project a transit fare subsidies or network and fare integration technology improvements, including, but not limited to, discounted or free student transit passes Is the project a purchase of zero-emission transit buses and/or purchase and installation of supporting infrastructure?
Is the project a new or expanded transit service that connects with transit service serving a disadvantaged communities?
Amount of FY 24-25 funds to benefit Low-Income Community: $37,378 Amount of FY 24-25 fund to benefit Low-Income Households and Residents within 1/2 mile of a DAC: $37,377
Total Amount of FY 24-25 LCTOP funds to benefit Priority Population (Total should not exceed total FY 24-25 LCTOP project funding): $149,510
Priority Populations Benefits
Priority Population Benefit: Based on the selections above, explain in greater detail how the project will provide benefits to the priority populations in your service area.

Turlock Transit provides transit services to the disadvantaged communities within the area. This project will improve public health and reduce greenhouse gas emissions and other particulate matters by encouraging people to use public transportation. This will significantly benefit those residents in disadvantaged communities who do not have the means of transportation other than the transportation services that is provided by Turlock Transit. Turlock Transit will continue to work with agencies that assist with low-income reisidents in disadvantated communities and public entities within the DAC area. During the free fare periods, people will be able to use public transportation to travel to employment centers, shopping malls, educational institutions and recreation areas.

Please provide the amount of FY 24-25 LCTOP funds benefit Priority Populations by this project.

Amount of FY 24-25 funds to benefit a Disadvantage Community (If you have a DAC, at least 50% must benefit a DAC) :
$74,755
Division of Local Assistance
Low Carbon Transit Operations Program Page 10 of 10
Sheet Name: Allocation Request

Page 334 of 851 ends

Rev. 1-2025
FY 2024-2025 LCTOP
Authorized Agent
AS THE Interim City Manager
(Chief Executive Officer/Director/President/Secretary)
OF THE City of Turlock
(Name of County/City/Transit Organization)
I hereby authorize the following individual(s) to execute for and on behalf of the named Regional Entity/Transit Operator, any actions necessary for the purpose of obtaining Low Carbon Transit Operations Program (LCTOP) funds provided by the California Department of Transportation, Division of Local Assistance. I understand that if there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. I understand the Board must provide a resolution approving the Authorized Agent. The Board Resolution appointing the Authorized Agent is attached.

Susan Borrego, Interim City Manager OR
(Name and Title of Authorized Agent)
Christopher Fisher, Municipal Services Director OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Susan Borrego Interim City Manager
(Print Name) (Title)
(Signature)
Approved this 13
day
of May , 2025

Page 335 of 851 ends

FY 2024-2025 LCTOP
Certifications and Assurances
Lead Agency: City of Turlock
Project Title: Free Fare Project
Prepared by: Wayne York
The California Department of Transportation (Caltrans) has adopted the following Certifications and Assurances for the Low Carbon Transit Operations Program (LCTOP).

As a condition of the receipt of LCTOP funds, Lead Agency must comply with these terms and conditions.

A. General

1. The Lead Agency agrees to abide by the current LCTOP Guidelines and applicable legal requirements.

2. The Lead Agency must submit to Caltrans a signed Authorized Agent form designating the representative who can submit documents on behalf of the project sponsor and a copy of the board resolution appointing the Authorized Agent.

B. Project Administration

1. The Lead Agency certifies that required environmental documentation is complete before requesting an allocation of LCTOP funds. The Lead Agency assures that projects approved for LCTOP funding comply with Public Resources Code § 21100 and § 21150.

2. The Lead Agency certifies that a dedicated bank account for LCTOP funds only will be established within 30 days of receipt of LCTOP funds.

3. The Lead Agency certifies that when LCTOP funds are used for a transit capital project, that the project will be completed and remain in operation for its useful life.

4. The Lead Agency certifies that it has the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of that project.

5. The Lead Agency certifies that they will notify Caltrans of pending litigation, dispute, or negative audit findings related to the project, before receiving an allocation of funds.

6. The Lead Agency must maintain satisfactory continuing control over the use of project equipment and facilities and will adequately maintain project equipment and facilities for the useful life of the project.

7. Any interest the Lead Agency earns on LCTOP funds must be used only on approved LCTOP projects.

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FY 2024-2025 LCTOP

8. The Lead Agency must notify Caltrans of any changes to the approved project with a Corrective Action Plan (CAP).

9. Under extraordinary circumstances, a Lead Agency may terminate a project prior to completion. In the event the Lead Agency terminates a project prior to completion, the Lead Agency must (1) contact Caltrans in writing and follow-up with a phone call verifying receipt of such notice; (2) pursuant to verification, submit a final report indicating the reason for the termination and demonstrating the expended funds were used on the intended purpose; (3) submit a request to reassign the funds to a new project within 180 days of termination.

C. Reporting

1. The Lead Agency must submit the following LCTOP reports:
a. Annual Project Activity Reports October 30th each year. b. A Close Out Report within six months of project completion. c. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of LCTOP funds. A copy of the audit report must be submitted to Caltrans within six months of the close of the year (December 31) each year in which LCTOP funds have been received or expended.
d. Project Outcome Reporting as defined by CARB Funding Guidelines. e. Jobs Reporting as defined by CARB Funding Guidelines.

2. Other Reporting Requirements: CARB develops and revises Funding Guidelines that will include reporting requirements for all State agencies that receive appropriations from the Greenhouse Gas Reduction Fund. Caltrans and project sponsors will need to submit reporting information in accordance with CARB’s Funding Guidelines, including reporting on greenhouse gas reductions and benefits to disadvantaged communities.

D. Cost Principles

1. The Lead Agency agrees to comply with Title 2 of the Code of Federal Regulations 225 (2 CFR 225), Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

2. The Lead Agency agrees, and will assure that its contractors and subcontractors will be obligated to agree, that:
a. Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual project cost items and

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FY 2024-2025 LCTOP
b. Those parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving LCTOP funds as a contractor or sub-contractor shall comply with
Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

3. Any project cost for which the Lead Agency has received funds that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by the Lead Agency to the State of California (State). All projects must reduce greenhouse gas emissions, as required under Public Resources Code section 75230, and any project that fails to reduce greenhouse gases shall also have its project costs submit to repayment by the Lead Agency to the State. Should the Lead Agency fail to reimburse moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the Lead Agency from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller.

A. Record Retention

1. The Lead Agency agrees and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project.

The accounting system of the Lead Agency, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP) and enable the determination of incurred costs at interim points of completion. All accounting records and other supporting papers of the Lead Agency, its contractors and subcontractors connected with LCTOP funding shall be maintained for a minimum of three (3) years after the “Project Closeout” report or final Phase 2 report is submitted (per CARB Funding Guidelines, Vol. 3, page 3.A-16), and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor.

Copies thereof will be furnished by the Lead Agency, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the Lead Agency pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the Lead Agency’s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits.

2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with

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FY 2024-2025 LCTOP
the performance of the Lead Agency’s contracts with third parties pursuant to Government Code § 8546.7, the project sponsor, its contractors and subcontractors and the State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of final payment. The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a project for audits, examinations, excerpts, and transactions, and the Lead Agency shall furnish copies thereof if requested.

3. The Lead Agency, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the Civil Rights Department, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document.

F. Special Situations
Caltrans may perform an audit and/or request detailed project information of the project sponsor’s LCTOP funded projects at Caltrans’ discretion at any time prior to the completion of the LCTOP.

I certify all these conditions will be met.

Susan Borrego Interim City Manager
(Print Authorized Agent) (Title)
(Signature) (Date)

Page 339 of 851 ends

City Council Staff Report
May 13, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Fred Pezeshk, P.E., Roads Program Manager
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Determining the award of bid is exempt from the provisions of CEQA in accordance with section 15301 of the CEQA guidelines, awarding bid, and approving an Agreement between the City of Turlock and United Pavement Maintenance, Inc., of Hughson, CA, in the amount of $2,728,590.66 and a contingency amount of $273,000.00 (10%) to be funded by Fund 218 “Measure L” for construction of Bid Package 2 for City Project No. 23-067 “Mark Thomas Task Order No. 3 for Roads Program CIP Projects"

2. DISCUSSION OF ISSUE:

On February 27, 2024, the City Council approved Task Order No. 3 as Amendment No. 3 under the terms of the Master Agreement with Mark Thomas & Company, Inc. for City Project No. 23-067 “Mark Thomas Task Order No. 3 for Roads Program CIP Project” for the rehabilitation of a grouping of street sections. The City Council also authorized staff to proceed with advertising the project for construction upon completion of bid documents.

Bid Package 2 is the second of the three (3) bid packages under this Task Order to be completed and includes the following streets:

City Project No. 23-067 Bid Package 2
Street Name From To Length (ft) District
N. Johnson Rd. E. Hawkeye Ave. E. Tuolumne Ave. 2,637.00 1 Hammond Dr. N. Johnson Rd. N. Johnson Rd. 1,448.00 1
Stuart Pl. South End Hammond Dr. 154.00 1
Ashley Ct. West End N. Johnson Rd. 351.00 1
Jackson Ct. N. Johnson Rd. East End 328.00 1
Sconyers Ct. N. Johnson Rd. East End 574.00 1
Total Length (ft) 5,492.00
City Project No. 23-067 (Bid Package 2) was advertised for construction bids on March 14, 2025 through the City’s website and the Turlock Journal.

Bids for City Projects No. 23-067 (Bid Package 2) were opened on April 10, 2025 at 2:00PM. A total of four (4) bids were received:

Page 340 of 851 ends

Agenda Staff Report
5/13/2025
Staff reviewed the bids for bidder responsiveness and responsibility and recommends approval of an agreement for City Projects No. 23-067 (Bid Package 2) with United Pavement Maintenance, Inc., of Hughson, CA, as the lowest responsive, responsible bidder with a bid amount of $2,728,590.66.

Per contract documents, the contractor is allowed ten (10) days after the date of the City mailing him/her the Agreement and the Notice of Award to return the signed Agreement along with required bonds and certificate of insurance. The City will then review the submittal for adequacy, execute the Agreement, and issue a Notice to Proceed. The Contractor is required to start work no later than ten (10) working days after Notice to Proceed has been issued. Based on this timeline, anticipated start of work will be in midJune 2025, weather permitting.

BIDDER BID AMOUNT
United Pavement Maintenance, Inc.; Hughson, CA $2,728,590.66 Machado and Sons Construction Inc.; Turlock, CA $3,006,425.00 Mountain Cascade, Inc.; Livermore, CA $3,122,627.00
Dirt Dynasty, Inc.; Ripon, CA $3,194,158.00

3. BASIS OF RECOMMENDATION:

A. Per the Public Contract Code, § 20160 et seq., the City Council has the discretion to decide if a bid shall be awarded or rejected. If Council decides to award the bid, the bid has to be awarded to the lowest responsible bidder submitting a responsive bid.

B. This action is consistent with Council’s stated goal of utilizing Measure L revenues to expedite road repair projects. Measure L was approved by Stanislaus County voters and raised the sales tax effective April 1, 2017, by one-half cent for a total period of 25 years to improve local streets and roads, improve connectivity and reduce congestion.

4. FISCAL IMPACT / BUDGET AMENDMENT:

The total estimated fiscal impact of the proposed action will be $3,001,590.66 which will be funded by Fund 218 “Measure L”, account number 218-40-461.51270. The overall fiscal impact, including “Measure A” allocations are shown below. 23-067 Bid Package 2 Fund 115 “Measure A” Fund 218 “Measure L” Design (Mark Thomas)* $330,285.00
CM & Inspection (NV5 ) $681,279.45
Construction Contract $ 2,728,590.66
Construction Contingency $ 273,000.00
Sub-Total $ 1,011,564.45 $ 3,001,590.66
Total Estimated Cost $4,013,155.11

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Agenda Staff Report
5/13/2025
*Design cost is pro-rated based on the linear footage of street sections included in Bid Package 2.

All Roads Program staff time is expensed directly to Fund 115 "Measure A - Roads Program". Staff time is directly allocated to each project by the Finance Department at the end of the fiscal year.

Appropriate funds have been allocated during Fiscal Year 2024-25 budget process to cover these costs.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

This project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as this project involves negligible or no expansion of use of the existing facilities, and specifically no additional automobile lanes will be created by the projects.

8. ALTERNATIVES:

A. Council could reject the bids submitted for this project. Staff does not recommend this alternative as the proposed improvements are needed and funding is available.

B. Provide staff with direction on how to proceed.

9. ATTACHMENTS:

1. Draft Resolution

2. Bidder's Summary

3. Agreement with United Pavement Maintenance, Inc., of Hughson, CA, for construction of Bid Package 2 for City Project No. 23-067

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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF DETERMINING THE AWARD } RESOLUTION NO. 2025- OF BID IS EXEMPT FROM THE PROVISIONS OF }
CEQA IN ACCORDANCE WITH SECTION 15301 }
OF THE CEQA GUIDELINES, AWARDING BID, }
AND APPROVING AN AGREEMENT BETWEEN }
THE CITY OF TURLOCK AND UNITED }
PAVEMENT MAINTENANCE, INC., OF }
HUGHSON, CA, IN THE AMOUNT OF }
$2,728,590.66 AND A CONTINGENCY AMOUNT }
OF $273,000.00 (10%) TO BE FUNDED BY FUND }
218 “MEASURE L” FOR CONSTRUCTION OF }
BID PACKAGE 2 FOR CITY PROJECT NO. 23-067}
“MARK THOMAS TASK ORDER NO. 3 FOR }
ROADS PROGRAM CIP PROJECTS” }
_________________________________________ }
WHEREAS, City Project No. 23-067 “Mark Thomas Task Order No. 3 for Roads Program CIP Projects" (Bid Package 2) will rehabilitate a grouping of street sections as approved by the City Council on February 27, 2024, and will include installation of curb, gutter, sidewalk, and ADA-compliant curb ramps; and
WHEREAS, on April 10, 2025, four (4) bids were received for the construction of City Project No. 23-067 (Bid Package 2), with United Pavement Maintenance, Inc., of Hughson, CA, submitting the lowest responsive, responsible bid in the amount of $2,728,590.66; and
WHEREAS, the fiscal impact is estimated to be $3,001,590.66 which includes the construction contract in the amount of $2,728,590.66 and the contingency for potential change orders in the amount of $273,000.00; and
WHEREAS, funding is available from Fund 218 “Measure L”, account number 218-40-461.51270; and
WHEREAS, this project is exempt from California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) as this project involves negligible or no expansion of use of the existing facilities, and specifically no additional automobile lanes will be created by project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby determine the award of bid is exempt from the provisions of CEQA in accordance with section 15301 of the CEQA guidelines, award bid, and approve an Agreement between the City of Turlock and United Pavement Maintenance, Inc., of Hughson, CA, in the amount of $2,728,590.66 and a contingency amount of $273,000.00 (10%) to be funded by Fund 218 “Measure L” for construction of Bid Package 2 for City Project No. 23-067 “Mark Thomas Task Order No. 3 for Roads Program CIP Projects."

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Resolution No. 2025-

Page 2 ends

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of May, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California

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CITY OF TURLOCK

BIDDER'S SUMMARY
PROJECT TITLE: 23-067 Package 2 - Roads Program CIP
PROJECT NUMBER: 23-067BP2
BID OPENING:
2:00 P.M.

ANTICIPATED COUNCIL AWARD DATE: May 13, 2025
Item Unit of Estimated
No. Item Description Measure Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Potholes Existing Utilities LS 1 $250,000.00 $250,000.00 $60,764.00 $60,764.00 $131,823.00 $131,823.00 $309,453.00 $309,453.00 $85,000.00 $85,000.00 2 Construction Funding Signs EA 2 $1,800.00 $3,600.00 $1,875.00 $3,750.00 $1,770.00 $3,540.00 $1,500.00 $3,000.00 $1,500.00 $3,000.00 3 Traffic Control System LS 1 $290,000.00 $290,000.00 $125,516.00 $125,516.00 $184,683.00 $184,683.00 $82,400.00 $82,400.00 $275,000.00 $275,000.00 4 Portable Changeable Message Sign EA 4 $6,500.00 $26,000.00 $4,500.00 $18,000.00 $6,630.00 $26,520.00 $10,500.00 $42,000.00 $9,000.00 $36,000.00 5 Job Site Management LS 1 $25,000.00 $25,000.00 $11,500.00 $11,500.00 $19,225.00 $19,225.00 $3,740.00 $3,740.00 $5,000.00 $5,000.00 6 Prepare Storm Water Pollution Prevention Plan LS 1 $17,000.00 $17,000.00 $13,381.00 $13,381.00 $17,333.00 $17,333.00 $4,500.00 $4,500.00 $9,500.00 $9,500.00 7 Erosion and Dust Control BMPs LS 1 $60,000.00 $60,000.00 $8,250.00 $8,250.00 $20,628.00 $20,628.00 $61,556.00 $61,556.00 $20,000.00 $20,000.00 8 Construction Staking LS 1 $35,000.00 $35,000.00 $43,750.00 $43,750.00 $33,096.00 $33,096.00 $32,689.00 $32,689.00 $25,870.00 $25,870.00 9 Remove Concrete (Curb Ramp, Sidewalk, Valley Gutter, Curb & Gutter) SY 2,480 $48.00 $119,040.00 $33.69 $83,551.20 $53.00 $131,440.00 $91.10 $225,928.00 $70.00 $173,600.00 10 Remove Concrete (Retaining Curb) LF 38 $65.00 $2,470.00 $7.57 $287.66 $9.50 $361.00 $17.00 $646.00 $16.00 $608.00 11 Roadway Excavation (F) CY 1,620 $110.00 $178,200.00 $47.00 $76,140.00 $192.00 $311,040.00 $45.00 $72,900.00 $150.00 $243,000.00 12 Aggregate Base (Class 2) CY 93 $350.00 $32,550.00 $448.00 $41,664.00 $141.00 $13,113.00 $200.00 $18,600.00 $150.00 $13,950.00 13 Full Depth Reclamation – Cement SY 19,200 $15.00 $288,000.00 $17.73 $340,416.00 $13.00 $249,600.00 $17.10 $328,320.00 $16.00 $307,200.00 14 Cement (Full Depth Reclamation - Cement) TON 540 $240.00 $129,600.00 $218.75 $118,125.00 $295.00 $159,300.00 $254.00 $137,160.00 $175.00 $94,500.00 15 Mix Design (Full Depth Reclamation - Cement) LS 1 $30,000.00 $30,000.00 $15,000.00 $15,000.00 $58,544.00 $58,544.00 $14,575.00 $14,575.00 $5,800.00 $5,800.00 16 Hot Mix Asphalt (Type A) TON 6,700 $120.00 $804,000.00 $128.44 $860,548.00 $129.00 $864,300.00 $138.00 $924,600.00 $115.00 $770,500.00 17 Cold Plane AC Pavement (Var Depth) SY 19,200 $7.00 $134,400.00 $9.58 $183,936.00 $4.50 $86,400.00 $7.80 $149,760.00 $4.25 $81,600.00 18 Minor Concrete (Curb and Gutter) LF 1,890 $58.00 $109,620.00 $60.00 $113,400.00 $42.20 $79,758.00 $43.00 $81,270.00 $80.00 $151,200.00 19 Minor Concrete (Curb Ramp) SF 2,150 $20.00 $43,000.00 $27.25 $58,587.50 $19.08 $41,022.00 $25.00 $53,750.00 $12.00 $25,800.00 20 Minor Concrete (Sidewalk) SF 8,390 $14.00 $117,460.00 $14.40 $120,816.00 $9.60 $80,544.00 $10.00 $83,900.00 $11.00 $92,290.00 21 Minor Concrete (Valley Gutter) SF 4,980 $15.00 $74,700.00 $15.40 $76,692.00 $20.85 $103,833.00 $21.00 $104,580.00 $25.00 $124,500.00 22 Minor Concrete (Driveway) SF 3,120 $20.00 $62,400.00 $23.50 $73,320.00 $18.05 $56,316.00 $15.00 $46,800.00 $17.00 $53,040.00 23 Detectable Warning Surface (Truncated Domes) SF 450 $30.00 $13,500.00 $27.50 $12,375.00 $49.00 $22,050.00 $31.00 $13,950.00 $22.00 $9,900.00 24 Adjust Drainage Inlet to Grade EA 7 $5,000.00 $35,000.00 $1,672.00 $11,704.00 $3,538.00 $24,766.00 $6,000.00 $42,000.00 $2,300.00 $16,100.00 25 Remove and Replace Monument EA 11 $1,200.00 $13,200.00 $1,008.00 $11,088.00 $1,157.00 $12,727.00 $1,500.00 $16,500.00 $2,300.00 $25,300.00 26 Adjust Manhole Frame and Cover (Sewer) EA 20 $1,300.00 $26,000.00 $1,500.00 $30,000.00 $1,332.00 $26,640.00 $1,800.00 $36,000.00 $1,400.00 $28,000.00 27 Adjust Manhole Frame and Cover (Storm Drain) EA 7 $1,300.00 $9,100.00 $1,500.00 $10,500.00 $1,217.00 $8,519.00 $1,900.00 $13,300.00 $1,400.00 $9,800.00 28 Adjust Manhole Frame and Cover (Water Valve) EA 35 $1,000.00 $35,000.00 $750.00 $26,250.00 $947.00 $33,145.00 $1,600.00 $56,000.00 $1,300.00 $45,500.00 29 Adjust Manhole Frame and Cover (Water Meter) EA 6 $1,500.00 $9,000.00 $750.00 $4,500.00 $333.00 $1,998.00 $2,000.00 $12,000.00 $1,300.00 $7,800.00 30 Adjust Manhole Frame and Cover (Sewer Cleanout) EA 4 $1,900.00 $7,600.00 $750.00 $3,000.00 $1,343.00 $5,372.00 $2,000.00 $8,000.00 $1,300.00 $5,200.00 31 Roadside Sign – One Post EA 1 $550.00 $550.00 $562.50 $562.50 $637.00 $637.00 $450.00 $450.00 $450.00 $450.00 32 Relocate Roadside Sign EA 5 $550.00 $2,750.00 $438.00 $2,190.00 $295.00 $1,475.00 $350.00 $1,750.00 $350.00 $1,750.00 33 Thermoplastic Traffic Stripe LF 7,110 $5.00 $35,550.00 $2.88 $20,476.80 $2.70 $19,197.00 $3.00 $21,330.00 $4.00 $28,440.00 34 Thermoplastic Pavement Markings SF 1,480 $15.00 $22,200.00 $10.00 $14,800.00 $9.40 $13,912.00 $9.00 $13,320.00 $12.00 $17,760.00 35 Video Sewer and Storm Drain Inspection LS 1 $130,000.00 $130,000.00 $88,250.00 $88,250.00 $131,568.00 $131,568.00 $28,900.00 $28,900.00 $128,800.00 $128,800.00 36 Mobilization LS 1 $318,000.00 $318,000.00 $45,500.00 $45,500.00 $32,000.00 $32,000.00 $77,000.00 $77,000.00 $272,400.00 $272,400.00 $3,122,627.00
Lowest responsible and responsive
bidder
4 Dirt Dynasty, Inc.
$3,194,158.00
As-submitted bid amount was
$3,193,358.00
April 10, 2025
1 2
ENGINEER'S ESTIMATE United Pavement Maintenance, Inc. Machado and Sons Construction Inc.

Total $3,489,490.00 $2,728,590.66 $3,006,425.00
3 Mountain Cascade, Inc.

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Page 1 of 39 ends

CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

AGREEMENT

FOR ROADS PROGRAM PUBLIC IMPROVEMENT PROJECT
Project No. 23-067 Package #2
Roads Program Capital Improvement Project
THIS PUBLIC IMPROVEMENT AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and United Pavement Maintenance, Inc., a California corporation (“Contractor”), on this 13th day of May 2025 (the “Effective Date”). City and Contractor 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 a duly qualified and licensed firm experienced in the construction of Project No. 23-067 Package #2 (the “Project”).

B. The Project involves the expenditure of funds in excess of $5,000 and constitutes a “public project” pursuant to Public Contract Code section 20161.

C. Contractor has made a proposal to City to provide construction services, a copy of which is attached and incorporated hereto as Exhibit A (the “Services”).

D. City has determined it is necessary and desirable to employ the services of Contractor to perform construction work on the Project.

E. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on May 13, 2025, at a duly noticed meeting of the City Council of the City of Turlock, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Contract Documents:

This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
i. Notice to Bidders;
ii. Contractor’s Bid or Proposal accepted by City;
iii. Special Provisions of the City of Turlock Project No. 23-067 Package #2; iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required by the Contract Documents; vi. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner; and
vii. The current edition of the City of Turlock Standard Specifications and Drawings.

All of the Contract Documents are intended to incorporate the terms of the others so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the “Contract.” In case of any dispute regarding the terms of the Contract, the decision of the City Engineer shall be final.

2. Term.

The Contract shall be effective as of the Effective Date first stated above. Contractor shall not commence work on the Project until it has been given notice by City (“Notice to Proceed”). The Contract shall terminate one (1) year(s) after City accepts Contractor’s performance of the Services by recording a Notice of Completion with the County of Stanislaus Clerk Recorder (the “Term”), unless the Parties mutually agree in writing to terminate the Contract earlier or extend the Term in an agreed writing executed by both Parties.

3. Scope of Work.
(a) Services. Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract. Contractor shall not receive additional compensation for the performance of any Services not described therein.
(b) Modification. City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in Section 4 of this Agreement, without prior written authorization from City.

Contractor shall not be entitled to compensation for the performance of any such unauthorized work.

Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
all extra or changed work performed without express and prior written authorization of City.

Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section ; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor. (c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and in the manner designated in, and in strict conformity with, the plans and specifications for said work entitled, “Special Provisions for Project No. 23-067 Package #2.” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer or City Engineer’s designated agent.
(d) Exhibits. All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.

Exhibit Designation Exhibit Title

1. Exhibit A Scope of Services

2. Exhibit B Payment by Force Account

3. Exhibit C Workers’ Compensation Insurance Certification

4. Exhibit D Performance Bond

5. Exhibit E Payment Bond

4. Contract Price.

City shall pay, and Contractor shall accept in full payment for the work set forth above in Section 3, Scope of Work, an amount not to exceed Two Million Seven Hundred Twenty-Eight Thousand Five Hundred Ninety Dollars and Sixty-Six Cents ($2,728,590.66) (the “Contract Price”). Said amount shall be paid pursuant to Section 8 of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:
(a) If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or (b) If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
(c) If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.

5. Time for Performance.

The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project, including all punch list items, shall be completed on or before the expiration of Eighty-five (85) working days (the “Completion Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. (a) Right of City to Increase Working Days: If Contractor fails to complete the Services by the Completion Date, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges. No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Completion Date, in writing, to the City Engineer.

The Completion Date may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Completion Date will be determined as follows:
i. Additional working days will be awarded where the amount of time is mutually agreed upon by Contractor and the City Engineer; or
ii. Additional working days will be awarded where Contractor is prevented from completing any part of the work identified on the critical path and:

1. where the delay is caused by acts of public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargos, provided that Contractor shall notify Engineer in writing of the causes of delay within fifteen (15) days from the beginning of that delay; or

2. where the delay is caused by actions beyond the control of Contractor; or

3. where the delay is caused by actions or failure to act by the City Engineer.

Contractor shall not be entitled to an adjustment in the Completion Date for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor. (b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
which is defined as: riots, wars, sabotage, civil disturbances, insurrections, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; or other catastrophic events, which are beyond the reasonable control of Contractor. Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’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 Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Completion Date shall be extended for such reasonable time as determined by the City Engineer.

Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration.
(c) Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the federal or state government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, Contractor is, through no fault of Contractor, unable to perform the Services, or the work is thereby suspended or delayed, any of the following steps may be taken:
i. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.

To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify the City Engineer in writing thereof, and give specific reasons therefore; the City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in the work in accordance with subdivision (b) of this Section.

Substituted materials, or changes in the work, or both, shall be ordered in writing by the City Engineer, and the concurrence of the City Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or
ii. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost-plus-ten-percent (10%) basis, whichever is the lesser.

Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided Contractor shall take all steps possible to minimize this obligation; or iii. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above provided, the City Council may further suspend the Contract, or either Party hereto may, without incurring any liability, elect to declare the Contract terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Contract Price for such portion of the Contract as may have been performed; or
iv. City may terminate the Contract, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Contract as may have been performed. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and the Contract shall be terminated upon receipt by Contractor of such notice.

In the event of the termination provided in this sub-paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
(d) Delay Damages. In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Completion Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to five thousand two hundred dollars and no/100ths Dollars ($5,200.00) for each calendar day beyond the Completion Date.

This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Completion Date. However, any deduction assessed as delay damages shall not relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date.

Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Completion Date shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date.

6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor. Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If District terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor. (b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.

7. Liability for Breach:

Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations 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 Contractor.

City shall not, in any manner, be liable for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either Party, copies of all finished or unfinished Work Product, as defined in Section 19 of this Agreement, shall become the property of City. Notwithstanding the foregoing, 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 the Contract or the Services performed in connection with the Contract.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

8. Compensation:

City shall make payments to Contractor in accordance with the provisions of Section 9 of the City Standard Specifications in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof. Contractor shall be administered a progress payment approximately every thirty (30) calendar days from the time work begins according to the payment schedule furnished by the City Engineer at the time work begins. Contractor shall provide access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.

Monthly progress payments in the amount of 95 percent (95%) of the value of the work will be made to Contractor based on the Contractor’s estimate and the schedule of prices contained in the accepted bid.

The remaining 5 percent (5%) will be retained by City as partial security for the fulfillment of the Contract except that at any time after 50 percent (50%) of the work has been completed, if the City Engineer finds that satisfactory progress is being made and the Project’s critical path of work are on schedule, City may discontinue any further retention. Such discontinuance will only be made upon the written request of Contractor. City may, at any time the City Engineer finds that satisfactory progress is not being made, again institute retention of 5 percent (5%) as specified above. Payment will be made as soon as possible after the preparation of the Contractor’s estimate. City shall pay the remaining 5 percent (5%) of the value of the Services completed under this Contract, if unencumbered by retentions for claims, not sooner than the expiration of thirty-five (35) calendar days from the date of recordation of the Notice of Completion, pursuant to Section 2 of this agreement, and not later than sixty (60) days from the “completion” of the Services as said term is defined in Public Contract Code section 7107(c).

No estimate or payment shall be made if, in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the Contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than $1,000. No progress payments will be made if the time allotted for the job is thirty (30) working days or less. Payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work performed under this Contractor, or any portion thereof, and shall in no way reduce the liability of Contractor to replace unsatisfactory work or materials, though the unsatisfactory character of such work or materials may not have been apparent or detected at the time such payment was made.

Additionally, as a precondition to City’s progress payments hereunder, Contractor shall provide to City, prior to payment, unconditional waivers and releases of stop notices pursuant to Civil Code section 8128 et seq. from each subcontractor and materials supplier. The form of said waivers and releases shall be as set forth in Civil Code section 3262(d)(2).

Pursuant to Public Contract Code section 22300 et seq., Contractor may request the right to substitute securities for any moneys withheld by City to ensure the performance required of Contractor under the Contract, or that City make payment of retentions earned directly into an escrow account established at the expense of Contractor.

9. Disputes Pertaining to Payment for Work:

Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of the Contract, such dispute shall be decided by the City Engineer, and the

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
decision of the latter shall be final and conclusive. The Parties agree to comply with the claims resolution procedures set forth in Public Contract Code section 9204 when applicable. (a) Claims Processing. Any submission of a claim by Contractor must comply with the requirements of Public Contract Code section 9204. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Parties may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after City issues its written statement. If Contractor disputes City’s written response, or if City fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. (b) Meet-and-Confer Conference. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City shall schedule a meet-and-confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet-and-confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the City issues its written statement. (c) Nonbinding Mediation. Any disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the Parties sharing the associated costs equally.

The Parties shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject judicial review pursuant to Section 23 of this Agreement.

Notwithstanding any claim, dispute, or other disagreement between the Parties regarding performance under the Contract, the scope of work hereunder, or any other matter arising out of or related to, in any manner, the Contract, Contractor shall proceed diligently with performance of the Services in accordance with City's written direction, pending any final determination or decision regarding any such claim, dispute, or disagreement.

10. Permits and Care of Work:

Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Section 1 of the Special Provisions. Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

11. Public Works and Payment of Prevailing Wage:
(a) Monitoring and Enforcement. In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, all work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). All work performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.

In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code. (b) Wages & Hours of Employment: In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq.

Contractor shall post prevailing wage rates at the Project no later than the first day Contractor commences performance of the Services under the Contract.

12. Superintendence by Contractor:

Contractor shall give personal superintendence to the work on the Project or have a competent foreman or superintendent satisfactory to the City Engineer on the Project at all times during construction and performance of work under the Contract, with authority to act for Contractor.

13. Inspection and Testing by City:

Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

14. Conformity with Law and Safety:

Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, 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 Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal, and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Contractor or its subcontractors must be in accordance with these laws, ordinances, codes, and regulations. Contractor’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute 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 the Contract, Contractor shall immediately notify City's risk manager by telephone. If any accident occurs in connection with the Contract, Contractor 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 Contractor’s subcontractor, if any; (c) name and address of Contractor’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 the Contract, Contractor shall immediately notify City. Contractor shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

15. Other Contracts:

City may award other contracts for additional work on the Project, and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer. Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor.

16. Bonds:

Concurrently with the execution hereof, Contractor shall furnish, on the forms provided herein as Exhibits D and E, respectively, corporate surety bonds to the benefit of City, issued by a surety company acceptable to City and authorized and admitted to do business in the state of California, as follows:
(a) Faithful Performance Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code. (b) Payment Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 through 3252, inclusive, of the Civil Code and Section 13020 of the Unemployment Insurance Code of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
The surety companies shall familiarize themselves with all provisions and conditions of the Contract. It is understood and agreed that the surety or sureties waive the right of special notification of any modification or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by City or its authorized agents under the terms of this Contract and failure to so notify the surety or sureties of such changes shall in no way relieve the surety or sureties of their obligations under the Contract.

17. Indemnification:
(a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others.
(b) Indemnity for other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

18. Contractor's Insurance:

Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least sixty (60) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. (a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. Contractor’s general liability policies shall be primary and not seek contribution from City’s coverages and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. The policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the Contract. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it. (3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. (c) Auto Insurance. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than Two Million Dollars ($2,000,000.00) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. (d) Builder’s Risk Insurance. {Intentionally Omitted}

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
(e) Contractors Pollution Insurance. Pollution Coverage shall be provided on a Contractors Pollution Liability form, or other form acceptable to City, providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than Two Million Dollars ($2,000,000.00) per claim. All activities contemplated in the Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. (f) Professional Liability Insurance. When applicable, Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with the Contract, in the minimum amount of Two Million Dollars ($2,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by the Contract.
(g) Umbrella or Excess Policy. Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and automobile Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted. (h) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or selfinsured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (i) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval. (j) Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section 18. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements. (k) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
(l) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Ownership of Work Product:

Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, 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 contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) 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 that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City.

With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.

All Work Product shall become the property of City irrespective of where located or stored and Contractor agrees to deliver all such documents and information to City, without charge and in whatever form it exists, upon the Completion Date, as may be extended. Contractor shall have no ownership interest in such Work Product.

All Work Product of Contractor under the Contract, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specific in Exhibit A.

When the Contract is terminated, Contractor agrees to return to City all documents, drawings, photographs, and other written or graphic material, however produced, that it received from City or City’s Agents, in connection with the performance of its Services under the Contract. All materials shall be returned in the same condition as received.

20. Taxes:

Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:
(a) Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit. (b) Purchases of $500,000 or More. Contractor shall require vendors and suppliers located outside California from whom Contractor makes purchases of $500,000 or more to allocate the use tax to City.

21. Independent Contractor:

At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
the Contract. Contractor shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Contractor. City shall have the right to control Contractor only insofar as the result of Contractor’s Services rendered pursuant to the Contract; however, City shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.

22. Contractor Not Agent:

Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.

23. Arbitration of Disputes:

All claims, disputes, and other matters in question between City and Contractor arising out of, or relating to, this Contract or the breach thereof, including claims of Contractor for extra compensation of Services related to the project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 through 1284.2 of the 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 the Contract. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay, and liquidated damages, if any, provided for the Contract, matters involving defects in the Services performed by Contractor or its subcontractors, 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 competent 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 reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall 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 limitations.

The parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving 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, then 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 attorney’s 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, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
(b) All Parties to the arbitration shall be entitled to the discovery procedures provided under Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted 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 Parties 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.

All administrative remedies required under Section 9 of this Agreement or pursuant to Public Contract Code section 9204, or required by any other law, shall be exhausted prior to commencement of any arbitration under this Section 23.

24. Provisions Cumulative:

The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

25. Notices:

All notices shall be in writing and delivered in person 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 notices or communications shall be given to the Parties at their addresses set forth below.

If to City: City of Turlock
Attn: Christopher Fisher, Municipal Services Director
156 S. Broadway, Suite 150
Turlock, CA 95380-5461
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, CA 95380-5456
If to Contractor: United Pavement Maintenance, Inc.

Attn: Rodolfo Ruvalcaba
7017 Hughson Ave.

Hughson, CA 95326
If to Contractor’s Sureties: Atlantic Specialty Insurance Company One Towne Square Suite 1470
Southfield, MI 48076
781-332-7598

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

26. City Contract Administrator:

The City’s contract administrator and contact person for this Agreement is:

Fred Pezeshk, PE
City of Turlock, Roads Program Manager
156 S. Broadway, Suite 150
Turlock, California 95380-5461
Telephone: (209) 668-5520
E-mail: [email protected]

27. Interpretation:

As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

28. Antitrust Claims:

Contractor or its subcontractors offer and agree to assign to City all rights, title, and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning antitrust claims.

29. Use of City Project Number:

Contractor or its subcontractors agree to use the aforementioned City project number on all maps, drawings, submittals, billing, and written correspondence that involve City staff or contracted consultants.

Nothing in this section shall preclude Contractor or its subcontractors from using their own project numbers for their own internal use.

30. No Conflict of Interest:

Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.

31. Confidentiality:

Contractor understands and agrees that, in the performance of Services under the Contract, or in the contemplation thereof, Contractor may have access to private or confidential information that may be owned 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”). Contractor 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 Contractor written authorization to make any such disclosure, Contractor shall do so only within the limits and to the extent of that authorization. Contractor may be directed or advised by the City Attorney on various matters relating to the performance of Services on the Project or on other matters pertaining to the Project, and in such event, Contractor agrees that it will treat all communications between itself, its employees, and its subcontracts as being communications which are within the attorney-client privilege.

32. Modification.

No alteration, amendment, modification, or termination of the Contract shall be valid unless made in writing and executed by all Parties to the Contract.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

33. Waiver:

No covenant, term, or condition or the breach thereof 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 not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

34. Assignment:

No Party to the Contract shall assign, transfer, or otherwise dispose of this Agreement in whole or in party to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the foregoing provisions, the Contract shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

35. Authority:

All Parties to this Agreement warrant and represent 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 represented or purported to be represented by such entities, person, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into the Contract 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 Party is obligated, which such breach would have a material effect hereon.

36. Governing Law:

The Contract shall be governed and construed in accordance with the laws of the state of California.

37. Severability:

If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

38. Execution and Counterparts:

This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument. The parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signature for the purposes of validity, enforceability, and admissibility.

39. Mandatory and Permissive:
“Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

40. Headings:

Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

41. Attorney’s Fees and Costs:

Except as expressly provided for in Section 23 of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, 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 addition to any other relief to which such Party may be entitled.

42. 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 appropriate to evidence or carry out the intent and purposes of the Contract.

43. Recitals:

The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 43 of this Agreement, Sections 1 through 43 shall prevail. [Signatures on Following Page]

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
UNITED PAVEMENT MAINTENANCE, CITY OF TURLOCK, a municipal corporation INC., a California corporation
By: ____________________________ By: _________________________________ Susan E. Borrego, Interim City Manager
_______________________________
Print Name Date: ____________________________
Address:_________________________
_______________________________ APPROVED AS TO SUFFICIENCY:
_______________________________
Phone: __________________________ By: _____________________________ Christopher Fisher,
Date: ___________________________ Municipal Services Director Federal Tax ID or Social Security No:

APPROVED AS TO FORM:
_______________________________
By: _____________________________
George A. Petrulakis, City Attorney
DIR Registration Number:
_______________________________ ATTEST:

Affix Contractor’s Seal Here By: _____________________________ Nichole Fiez, City Clerk

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

EXHIBIT A

SCOPE OF SERVICES

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CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

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CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

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CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

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CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

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CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

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CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

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CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

EXHIBIT B

PAYMENT BY FORCE ACCOUNT
For work paid by force account, the City Engineer compares City’s records to Contractor’s daily force account work report. When the City Engineer and Contractor agree on the contents of the daily force account work reports, the City Engineer accepts the report and City pays for the work. If the records differ, City pays for the work based only on the information shown on City’s records. If a subcontractor performs work at force account, work paid at force account will be accepted at an additional 2 percent (2%) markup to the total cost of that work, including markups, as reimbursement for additional administrative costs.

The markups specified in labor, materials, and equipment includes compensation for all delay costs, overhead costs, and profit. If an item's unit price is adjusted for work-character changes, City excludes Contractor’s cost of determining the adjustment. Payment for owner-operated labor and equipment is made at the market-priced invoice submitted.

A. Labor. Labor payment is full compensation for the cost of labor used in the direct performance of the work plus a fifteen percent (15%) markup, as set forth below, and consistent with California Labor Code section 1770 et seq. Force account labor payment consists of:

1. Employer payment to the worker for:

1.1 Basic hourly wage

1.2 Health and welfare

1.3 Pension

1.4 Vacation

1.5 Training

1.6 Other State and federal recognized fringe benefit payments

2. Labor surcharge percentage in Labor Surcharge and Equipment Rental Rates current during the work paid at force account for:

2.1 Workers' compensation insurance

2.2 Social security

2.3 Medicare

2.4 Federal unemployment insurance

2.5 State unemployment insurance

2.6 State training taxes

3. Subsistence and travel allowances paid to the workers

4. Employer payment to supervisors, if authorized
The fifteen percent (15%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:
(a) Home office overhead
(b) Field office overhead

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
(c) Bond costs
(d) Profit
(e) Labor liability insurance
(f) Other fixed or administrative costs that are not costs of labor used in the direct performance of the work
B. Materials. Material payment is full compensation for materials the Contractor furnishes and uses in the work. The City Engineer determines the cost based on the material purchase price, including delivery charges, except:

1. A fifteen percent (15%) markup is added;

2. Supplier discounts are subtracted whether the Contractor takes them or not;

3. If the City Engineer believes the material purchase prices are excessive, City pays the lowest current wholesale price for a similar material quantity;

4. If Contractor procured the materials from a source Contractor wholly or partially own, the determined cost is based on the lower of the:

4.1 Price paid by the purchaser for similar materials from that source on Contract items; and

4.2 Current wholesale price for those materials;
5 If Contractor does not submit a material cost record within thirty (30) days of billing, the determined cost is based on the lowest wholesale price:

5.1 During that period

5.2 In the quantities used
C. Equipment Rental. Equipment rental payment is full compensation for:

1. Rental equipment costs, including moving rental equipment to and from the change order work site using its own power.

2. Transport equipment costs for rental equipment that cannot be transported economically using its own power. No payment is made during transport for the transported equipment.

3. Fifteen percent (15%) percent markup.

If Contractor wants to return the equipment to a location other than its original location, the payment to move the equipment must not exceed the cost of returning the equipment to its original location. If Contractor uses the equipment for work other than work paid by force account, the transportation cost is included in the other work.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
Before moving or loading the equipment, Contractor must obtain authorization for the equipment rental's original location.

The City Engineer determines rental costs:

1. Using rates in Labor Surcharge and Equipment Rental Rates:

1.1. By classifying equipment using manufacturer's ratings and manufacturer-approved changes.

1.2. Current during the work paid by force account.

1.3. Regardless of equipment ownership but City uses the rental document rates or minimum rental cost terms if:

1.3.1. Rented from equipment business Contractor does not own.

1.3.2. The Labor Surcharge and Equipment Rental Rates hourly rate is $10.00 per hour or less.

2. Using rates established by the City Engineer for equipment not listed in Labor Surcharge and Equipment Rental Rates. Contractor may submit cost information that helps the City Engineer establish the rental rate but City uses the rental document rates or minimum rental cost terms if:

2.1. Rented from equipment business Contractor does not own.

2.2. The City Engineer establishes a rate of $10.00 per hour or less.

3. Using rates for transport equipment not exceeding the hourly rates charged by established haulers.

Equipment rental rates include the cost of:

1. Fuel 7. Repairs and maintenance

2. Oil 8. Depreciation

3. Lubrication 9. Storage

4. Supplies 10. Insurance

5. Small tools that are not consumed by use 11. Incidentals

6. Necessary attachments
City pays for small tools consumed by use. The City Engineer determines payment for small tools consumed by use based on Contractor-submitted invoices.

The City Engineer may authorize rates in excess of those in the Labor Surcharge and Equipment Rental Rates if:

1. Contractor submits a request to use rented equipment

2. Equipment is not available from Contractor’s normal sources or from one of Contractor’s subcontractors

3. Rented equipment is from an independent rental company

4. Proposed equipment rental rate is reasonable

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

5. The City Engineer authorizes the equipment source and the rental rate before Contractor uses the equipment
D. Equipment on the Job Site. For equipment on the job site at the time required to perform work paid by force account, the time paid is the time:

1. To move the equipment to the location of work paid by force account plus an equal amount of time to move the equipment to another location on the job site when the work paid by force account is completed

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account and:

3.1. Hourly rates are paid in 1/2-hour increments

3.2. Daily rates are paid in 1/2-day increments
E. Equipment Not on the Job Site Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and required for original-Contract work, the time paid is the time the equipment is operated to perform work paid by force account and the time to move the equipment to a location on the job site when the work paid by force account is completed.

The minimum total time paid is:

1. 1 day if daily rates are paid

2. 8 hours if hourly rates are paid
If daily rates are recorded, equipment:

1. Idled is paid as 1/2 day

2. Operated four (4) hours or less is paid as 1/2 day

3. Operated four (4) hours or more is paid as one (1) day If the minimum total time exceeds eight (8) hours and if hourly rates are listed, City rounds up hours operated to the nearest 1/2-hour increment and pays based on the hours shown in the following table. The table does not apply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.

Equipment Rental Hours
Hours
operated
Hours
paid

0.0 4.00

0.5 4.25

1.0 4.50

1.5 4.75

2.0 5.00

2.5 5.25

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

3.0 5.50

3.5 5.75

4.0 6.00

4.5 6.25

5.0 6.50

5.5 6.75

6.0 7.00

6.5 7.25

7.0 7.5

7.5 7.75
≥8.0 hours
used
F. Equipment Not on the Job Site Not Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and not required for originalContract work, the time paid is the time:

1. To move the equipment to the location of work paid by force account plus an equal amount of time to return the equipment to its source when the work paid by force account is completed

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account G. Non-Owner-Operated Dump Truck Rental. Contractor shall submit the rental rate for nonowner-operated dump truck rental to City. The City Engineer shall determine the payment rate. Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non-owner-operated dump truck is rental equipment and the owner is a subcontractor.

The above markups shall constitute full compensation for all home office overhead, field office overhead, bond costs, profit, labor liability insurance, and other fixed or administrative costs that are not costs specifically designated as cost or equipment rental as stated above. The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.

When extra work to be paid for on a force account basis is performed by a subcontractor, an additional markup of 2 percent (2%) will be added to the total cost of that extra work including all markups specified in this Section. The additional 2 percent (2%) markup shall reimburse Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

EXHIBIT C
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Pursuant to Section 18(b) of the Agreement, Contractor certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Signed: Date:
(Typed or Printed Name)
Business Address (Street Address, City, State & Zip Code):

Business Phone: ( )

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

EXHIBIT D

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, State of California, has awarded to United Pavement Maintenance, Inc., hereinafter designated as the “Principal,” a contract for “Project No. 23-067 Package #2, Roads Program Capital Improvement Project” and,
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we the Principal, and as Surety, are held and firmly bound unto the City of Turlock in the penal sum of _____________________________________ ($_____________), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, or Principal’s heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the City of Turlock, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

And the Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other contract documents, no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed hereunder, or to the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of additions to the terms of the Contract to the work, or to the specifications.

The City of Turlock reserves the right to refuse use of any Contractor assigned by any surety to complete the work.
[Signatures on Following Page]

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this __________ day of _______________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:

Risk Manager

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25

EXHIBIT E

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, a municipal corporation, has awarded to United Pavement Maintenance, Inc., hereinafter designated as the “Principal”, a contract for “Project No. 23-067 Package #2, Roads Program Capital Improvement Project”; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.

NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of Turlock in the sum of ____________________________________________ ($_________), said sum being equal to the estimated amount payable by said City of Turlock under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or Principal’s heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender, or other supplies, implements, or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from these wages of employees of the Contractor and Contractor’s subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, said Surety will pay a reasonable attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3138 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications.
[Signatures on Following Page]

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CITY CONTRACT NO. 2025-188
CITY PROJECT NO. 23-067 Package #2
Rev. 02/06/25
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this ___________ day of ________________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:

Risk Manager

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City Council Staff Report
May 13, 2025
From: Jessie Dhami, Human Relations Director
Prepared by: Jessie Dhami, Human Relations Director
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Approving Amendment No. 1 with LeaderGov LLC (City Contract 2025-113) to include planning and development of the City's Executive Team in the amount of $11,000, bringing the revised contract total to $35,900, to be funded by the existing Human Relations Department general fund (Dhami)

2. DISCUSSION OF ISSUE:

The City of Turlock previously entered into an agreement with LeaderGov LLC for leadership and teamwork training services. In order to enhance leadership capacity and strengthen collaboration among the City’s Executive Team, staff recommend amending the agreement for one and one-half days of training services to assist the City's Executive team in topics related to performance management. The training will focus on tracking progress on priorities and goals at a department level and developing and identifying opportunities and challenges. The addition of this academy will increase the cost of the agreement by $11,000, bringing the new total to $35,900.

LeaderGov LLC is aware that this scope of work is for one and one-half days of training services to assist the Leadership Team in improving its effectiveness through identification of goals/priorities and communication strategies. In addition, LeaderGov LLC will facilitate the training from start to finish and develop a summary report of any training session decisions, goals, priorities and outcomes.

3. BASIS OF RECOMMENDATION:

The success of any public agency is directly tied to the effectiveness of its leadership. Staff recommend investing in the proposed training is a strategic investment that strengthens the City's capacity to deliver high-quality public services. By prioritizing leadership development now, the City is laying a strong foundation for long-term organizational health, sustainability, and enhancing service delivery to the community.

4. FISCAL IMPACT / BUDGET AMENDMENT:

The $11,000 increase in contract cost will be funded from the existing FY 2024-25 Human Relations Department operating budget. No budget amendment is necessary.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

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Agenda Staff Report
5/13/2025
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

8. ALTERNATIVES:

9. ATTACHMENTS:

1. Draft Resolution

2. Contract Amendment #1

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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-

WHEREAS, on January 14, 2024, pursuant to Turlock Municipal Code (TMC) sections 2-7-08(b)(3), the City Manager executed a one-year contract with LeaderGov LLC for a leadership development program, with an amount not to exceed $24,900; and WHEREAS, the current contract includes leadership and teamwork training services, and in order to enhance leadership capacity Amendment No. 1 will include the planning and development of the City’s Executive Team; and WHEREAS, LeaderGov LLC is aware that this scope of work is for one and onehalf day of training services to assist the City’s in improving its effectiveness through effective identification of goals/priorities and communication strategies; and WHEREAS, LeaderGov LLC will facilitate the training from start to finish and develop a summary report of any training session decisions, goals, priorities and outcomes; and
WHEREAS, in accordance with TMC Section 2-7-08(f), the Interim City Manager is authorized to execute contracts not exceeding $25,000; and WHEREAS, Amendment No. 1 will increase the total contract amount by $11,000, resulting in a revised total of $35,900, which exceeds the Interim City Manager’s signing authority; therefore, City Council approval is required to proceed with Amendment No. 1;and
WHEREAS, this action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock }
}
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IN THE MATTER OF APPROVING
AMENDMENT NO. 1 WITH LEADERGOV
LLC (CITY CONTRACT 2025-113) TO

INCLUDE PLANNING AND DEVELOPMENT
OF THE CITY’S EXECUTIVE TEAM IN THE
AMOUNT OF $11,000, BRINGING THE
REVISED CONTRACT TOTAL TO $35,900,

TO BE FUNDED BY THE EXISTING HUMAN

RELATIONS DEPARTMENT GENERAL
FUND

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Resolution No. 2025-

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does hereby approve Amendment No. 1 with LeaderGOV LLC (City Contract 2025-113) to include planning and development for the City’s Executive Team in the amount of $11,000, bringing the revised contract total to $35,900, to be funded by the existing Human Relations Department general fund.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of May, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:
___________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California

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CITY CONTRACT NO. 2025-113, Amendment No. 1
04/09/2025 {PLA}
AMENDMENT NO. 1
to the
Agreement between the

CITY OF TURLOCK
and

LEADERGOV, LLC
____________________________________________________________________________ THIS AMENDMENT NO. 1, dated May 13, 2025, is entered into by and between the CITY OF TURLOCK, a municipal corporation (hereinafter "CITY") and LEADERGOV, LLC, a limited liability company (hereinafter "PROFESSIONAL”).

WHEREAS, the parties hereto previously entered into an Agreement dated January 14, 2025, whereby PROFESSIONAL will perform Leadership Development Program services (hereinafter the “Agreement”).

NOW, THEREFORE, the parties hereto mutually agree to amend said Agreement as follows:

1. Paragraph 5 of the Agreement is amended to read as follows:
“5.1. SERVICES: … Professional shall provide City the Services described in Exhibit A and Exhibit B. Any request for Services not included in Exhibit A and Exhibit B will be considered a request for additional or modified Services (“Modification” or “Modifications”)….

2. Paragraph 6 of the Agreement is amended to read as follows:
“6.1. COMPENSATION: … CITY shall pay PROFESSIONAL
additional compensation in the amount of Eleven Thousand and No/100ths Dollars ($11,000.00) in accordance with Exhibit B attached hereto and made a part hereof. The compensation for completion of all items of work, as set forth in the Agreement and this Amendment No. 1 shall not exceed Thirty-Five Thousand Nine Hundred and No/100ths Dollars ($35,900.00).

Such maximum amount shall be compensation for all of
PROFESSIONAL's expenses incurred in the performance of the Agreement and this Amendment No. 1.”

3. Execution and Counterparts. This Amendment may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Amendment and any other documents to be delivered in connection herewith may be electronically signed

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CITY CONTRACT NO. 2025-113, Amendment No. 1
04/09/2025 {PLA}
utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

4. All other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective officers thereunto duly authorized on the date first written hereinabove.

CITY OF TURLOCK, a municipal corporation LEADERGOV, LLC By: _______________________________
By: ______________________________ Susan E. Borrego, Interim City Manager Title: _____________________________ Date: _____________________________ Print name: ________________________ APPROVED AS TO SUFFICIENCY:

Date: _____________________________ By: _______________________________ Jessie Dhami, Human Relations Director
APPROVED AS TO FORM:

By: _______________________________
George A. Petrulakis, City Attorney
ATTEST:

By: _______________________________
Nichole Fiez, City Clerk
Tim Fenbert
5/8/2025
CEO

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City Council Staff Report
May 13, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: James Governale, Administrative Analyst
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Directing the City Manager to agendize a draft resolution establishing fees for processing Local Street Closure permit applications and inspections, and a separate draft resolution addressing whether to waive those fees for the National Night Out event Ordinance: Rescinding City of Turlock Resolution Nos. 2013-126 and 2019-138 and introducing, by first reading, an ordinance amending Turlock Municipal Code Title 5 (Public Welfare, Morals, and Conduct), Chapter 5-2 (Regulation of Parades and Special Events)

2. DISCUSSION OF ISSUE:

Background
Local Street Closures (formerly “Temporary Residential Street Closures”) The City of Turlock has long supported neighborhood engagement by allowing residents to request temporary residential street closures for events such as block parties and community gatherings that take place on and impact primarily “Local” streets in residential areas. These closures promote community connection while requiring thoughtful coordination to ensure public safety, maintain access for emergency services, and minimize disruption. While the City currently manages these requests through administrative procedures outlined in Resolution No. 2013-126, the absence of codified standards in the Turlock Municipal Code has led to questions about consistency, enforceability, and transparency. Local Street Closures are primarily requested for Independence Day events and National Night Out community gatherings.

Parades & Special Events
In addition, the City facilitates a permit process for Parades & Special Events, which take place regularly throughout the year and require temporary closures and/or result in temporary impacts to the public and traffic in the area on “Collector” and/or “Arterial” streets. After a long-standing process of bringing each Special Event to the City Council for approval, on July 9, 2019, Council adopted Resolution 2019-138, which authorized the City Manager to approve these requests that fall under the Special Event Application process.

Current Information
Following concerns related to Local Street Closures—about safety of the public, risk to the City, and enforcement drawbacks—City staff began the process of surveying surrounding cities and evaluating the policy and process. It was determined that changes made to improve this whole process should be associated with the formal adoption of a policy in the

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Turlock Municipal Code.

Together with the City Attorney's office, staff engaged legal counsel from Jarvis Fay LLP (Jarvis Fay) to assess and update the existing framework. Jarvis Fay staff confirmed that Turlock’s existing process aligns broadly with practices across peer cities in California.

They confirmed that codifying the permitting structure in the Turlock Municipal Code (TMC) will strengthen the process, provide greater visibility to the public, and streamline enforcement.

Some goals of this project include:
• Gathering recommendations based on best practices in surrounding municipalities. • Formalizing permit authority and public notice requirements. • Clarifying indemnification provisions and risk management standards. • Determining the extent to which fees should recover staff time. • Outlining roles across City departments in processing and approving requests.

Key Changes Proposed
During the course of this project, it became clear that changes to the Article on Parades and Special Events would also be necessary; this Article included outdated references that should be corrected concurrently with updates to the Local Street Closure policy. Thus, the draft ordinance included with this staff report reflects input from legal counsel and City staff to Chapter 5-2 of the Turlock Municipal Code, which includes discussion and policy relative to both the larger-impact Parades & Special Events and smaller-impact Local Street Closures.

Some of the changes regarding the larger-impact Parades & Special Events are as follows:
• Establishing the City Council’s authority to establish fees by resolution; • Establishing the Police Chief’s authority to suspend or revoke any permit for any special event at any time;
• Establishing the City Manager’s authority to issue administrative guidelines, adopt regulations, and create permit application forms; and
• Renumbering, rewording, and making minor corrections.

Meanwhile, some of the notable features regarding the smaller-impact Local Street Closures that were added to the Turlock Municipal Code are as follows:
• The formal delegation of permit authority;
• Establishing the Police Chief’s authority to suspend or revoke any permit for any

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Agenda Staff Report
5/13/2025
special event at any time;
• Clear application and notification requirements;
• A requirement that an applicant follow a Temporary Traffic Control Plan (TTCP); • The ability for the City Council to set fees and procedural guidelines by resolution, ensuring that this policy need not be revisited under normal circumstances; and • Establishing the City Manager’s authority to issue administrative guidelines, adopt regulations, and create permit application forms.

This structure allows for flexibility and transparency while preserving the City's discretion in managing street closures. Staff will continue gathering internal feedback ahead of the ordinance's formal introduction and welcomes Council’s direction on any final refinements.

Next Steps
Following Council's approval of this item, staff will bring the item back to the next regularly scheduled meeting, dated May 27, 2025. If the item is approved on that date, it will be codified in our municipal code and fully in effect on June 26, 2025. Staff is also seeking direction from Council on two items which may return for formal consideration on May 27, 2025 with the final reading of the ordinance:

1. Regarding the proposed fees for processing applications, issuing permits, and conducting inspections.

2. Whether initial and renewal fees for Local Street Closure permits associated with the National Night Out event should be upheld or waived to encourage participation

3. BASIS OF RECOMMENDATION:

Formalizing the City’s Local Street Closure policy within the Municipal Code will improve consistency, transparency, and enforceability. Updating outdated language in the “Parades & Special Events” section aligns TMC provisions with current practices, department roles, and standards. The proposed ordinance reflects legal and risk management best practices and incorporates staff input from multiple departments to ensure feasibility and alignment with Council priorities.

4. FISCAL IMPACT / BUDGET AMENDMENT:

Fees for Local Street Closures
Staff requests Council input on the fees associated with permits under TMC Chapter 5-2.

These fees are reviewed during the Finance Department’s recurring “User Fees” updates, most recently adopted by Resolution 2023-054.

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A single Local Street Closure permit can require approximately $275 to $660 in staff time, depending on whether a TTCP must be created or simply renewed and whether the City Engineer requires additional input from the Police and Fire Departments, which is not always necessary. The current $74 fee does not reflect full cost recovery – particularly given the level of coordination across multiple departments.

While it is reasonable to adopt a fee below full cost recovery to promote community engagement and public safety, doing so may necessitate budgetary adjustments or alternative funding mechanisms, such as sponsorships or donations. In 2018, for example, the City Council directed staff to waive the permit fee for National Night Out, and community donations were collected to support the program. This approach was partially based on the fact that the Engineering Division operated as an enterprise fund at the time, whereas it is now budgeted as a General Fund department.

Given the Council's past support—although it was a different membership at the time of the

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previous discussion—for maintaining a low fee for these permits, staff recommend the following actions:

1. Correct the Current Fee for FY 2024–25:

The current $74 fee should be adjusted to $77, applying the cumulative 3.4% increase reflected in the San Francisco–Oakland–Hayward Consumer Price Index for All Urban Consumers (CPI-U) from August 2023. This update is consistent with the methodology authorized by the Development Services Engineering Division User Fee Study (2018) and Resolution 2023-054.

2. Update the Fee for FY 2025–26 Effective July 1, 2025:

Staff recommend further adjusting the Local Street Closure permit fee from $77 to $79, applying the 2.7% CPI-U increase based on the August 2024 CPI, to become effective at the start of the next fiscal year. This will align the fee schedule with the City's standard practice of applying CPI adjustments based on the prior August's data.

3. Implement a Renewal Fee and Late Fee:

Staff propose introducing a renewal fee, calculated at the same percentage of cost recovery (12% of the high-end cost estimate), which would equate to $28.

Additionally, staff propose a $10 late fee for initial or renewal applications submitted fewer than 14 days before the event, if accepted by the City Engineer. While not intended for full cost recovery, the fee serves as a symbolic incentive to encourage timely submittals while remaining affordable and equitable for neighborhood events.

It highlights the importance of planning while minimizing barriers to participation and helping staff manage last-minute coordination efficiently.

National Night Out
Additionally, National Night Out is actively promoted by the City and aligns with its goals of neighborhood connection and crime prevention. Council has authorized of waiving the fees associated with this Local Street Closures for this event in the past and staff seek clear guidance on whether this practice should continue indefinitely or be revisited at regular intervals (e.g., annually).

Next Meeting
Council feedback on both fees for Local Street Closures and whether some fees specific to the National Night Out event should be waived will be incorporated into agenda items on the May 27, 2025 Council agenda.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a

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project.

8. ALTERNATIVES:

A. Maintain the Current Process Without Codifying in the Municipal Code:

The City Council could choose to continue using the existing process authorized by Resolutions No. 2013-126 and 2019-138 without adopting a formal ordinance. While this would maintain operational continuity, it would preserve existing risks to the City, including limited enforceability, reduced public transparency, a lower level of resident safety, and misalignment with current legal and procedural best practices.

B. Direct Staff to Revise the Draft Ordinance:

The Council may wish to provide further direction or request additional changes to the draft ordinance before it is formally introduced. This alternative would allow for additional refinement but could delay the timeline for adoption and rollout of an updated and more transparent process.

C. Provide staff direction on how to proceed.

9. ATTACHMENTS:

1. Draft Ordinance

2. Summary of Changes

3. City Resolution 2013-126 (to be rescinded)

4. City Resolution 2019-138 (to be rescinded)

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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
ORDINANCE NO. -CS
WHEREAS, on July 13, 2013, the City of Turlock (“City”) authorized the City Manager (or their designee) to approve the temporary closure of public streets, alleys, or other public rightsof-way (hereinafter, “Local Street Closures”) and waive all general liability insurance requirements listed in Turlock Municipal Code Title 1, Chapter 6, for approved neighborhood block parties and events by adopting Resolution 2013-126; and
WHEREAS, since the adoption of Resolution 2013-126, the City has created a Local Street Closure Permit process in accordance with California Vehicle Code section 21101(e) that outlines the process and the conditions of approval that an applicant must meet to obtain approval for an event; and
WHEREAS, on July 9, 2019, the City of Turlock adopted Resolution No. 2019-138, authorizing the City Manager or their designee to make the necessary California Environmental Quality Act (“CEQA”) determination and approve temporary street closures associated with Special Events, contingent upon compliance with the City’s Special Event Application process, including Special Events Committee review, proof of general liability insurance, and adherence to an approved temporary traffic control plan; and
WHEREAS, the City wants to amend the Turlock Municipal Code (“TMC”) to codify certain requirements of the Local Street Closure Permit process for obtaining a temporary street closure of public streets, alleys, or other public rights of way for approved neighborhood block parties and other local street closure events; and to establish a clear distinction between Local Street Closures, which are limited in scale and occur on local streets, and Parades and Special Events, which typically occur on arterial or collector streets and require a more comprehensive permit process, including Special Events Committee review and coordination with affected agencies; and
WHEREAS, the adoption of this Ordinance shall supersede Resolutions 2013-126 and 2019-138 and those resolutions shall be rescinded.

BE IT ORDAINED by the City Council of the City of Turlock as follows:

SECTION 1. ENVIRONMENTAL DETERMINATION: The Ordinance has been reviewed with respect to applicability of CEQA and the CEQA Guidelines. The Ordinance is not a project under CEQA Guidelines Section 15378(b)(5) because the Ordinance is an administrative activity that does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

SECTION 2. AMENDMENT: Title 5, Chapter 5-2, shall hereby be amended to read as follows:
}
}
}

IN THE MATTER OF RESCINDING CITY OF
TURLOCK RESOLUTION NOS. 2013-126 AND 2019-
138 AND AMENDING TURLOCK MUNICIPAL CODE
TITLE 5 (PUBLIC WELFARE, MORALS, AND
CONDUCT), CHAPTER 5-2 (REGULATION OF

PARADES AND SPECIAL EVENTS)
}
}
}
}
}
}
}

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Ordinance No. -CS

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Chapter 5-2

REGULATION OF SPECIAL EVENTS
Article 1. Regulation of Parades and Special Events
5-2-101 Obstructing passenger travel.

It shall be unlawful for any person or group of persons to stand or sit in or upon any public street, alley, sidewalk, or crosswalk in the City so as in any manner to hinder or obstruct the free passage therein of persons passing along the same, or to stand in or at the entrance of any church, hall, theater, or any place of public assemblage so as in any manner to obstruct its entrance. 5-2-102 Permits required.
(a) It shall be unlawful for any person to hold, manage, conduct, aid, participate in, form, start, or carry on any Parade or Special Event, march, ceremony, show, exhibition, pageant, or procession of any kind or any other similar display, or to cause or permit the same, upon any public street, alley, park, or any other public grounds in the City unless there has first been obtained from the City a permit to do so, and such permit shall be carried by the person heading or leading such activity.
(b) For the purposes of this article, unless otherwise apparent from the context, the terms “Parade” or “Special Event” include any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or demonstration, assembly, festival, street fair, concert, or any other gathering or similar display, which typically takes place in the public street or right-of-way, and which is likely to impede, obstruct, or interfere with the normal flow of vehicular or pedestrian traffic on a rightof-way that is designated as an arterial or collector, including any freeway or expressway, as classified in accordance with the California Road System maps and criteria published by Caltrans, consistent with the Federal Highway Administration’s functional classification system, and in accordance with the City of Turlock General Plan and adopted Master Plans. “Parade” or “Special Event” does not include a “Local Street Closure” as defined in Article 2 of this Chapter. 5-2-103 Exceptions.

The provisions of this article shall not apply to:
(a) Funeral processions;
(b) Students of schools going to and from classes or when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authorities; and (c) Governmental agencies within the scope of their functions. 5-2-104 Applications for permits.

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(a) The name of the person and/or organization wishing to conduct such Parade/Special Event; (b) If the Parade/Special Event is proposed to be conducted for, on behalf of, or by an organization, the name, mailing address, email address, and telephone number of the headquarters of the organization and of the authorized and responsible head of such organization; (c) The name, mailing address, email address, and telephone number of the person who will be the Parade/Special Event point-of-contact and responsible for its conduct; (d) The date(s) when such Parade/Special Event is to be conducted; (e) The route to be traveled, the starting point, and the termination point and/or the stationary location to be used for the entire Parade/Special Event, if applicable; (f) The approximate number of persons who, and animals and vehicles which, will constitute such Parade/Special Event; the type of animals; and a general description of the vehicles; (g) The time when such Parade/Special Event will start and terminate; (h) The location by streets of any assembly area or areas for such Parade/Special Event, if applicable; and
(i) Each application must be accompanied by a signed indemnification, defense, and hold harmless agreement; and
(j) Application fees, as well as refundable deposit, must be paid at time of application submission. 5-2-105 Fees
The City Council is authorized to establish fees by resolution necessary to further the purposes of this article.
5-2-106 Insurance requirements.

The applicant for a Parade or Special Event permit shall procure and maintain for the duration of the Parade/Special Event such insurance in the forms, types and amount as may be prescribed by the City pursuant to TMC 1-6-01. The applicant shall submit adequate proof of insurance consistent therewith the application and TMC 1-6-01.
5-2-107 Indemnification.

The applicant shall agree in writing to comply with the terms and conditions of the Parade or Special Event permit, which shall include an agreement to indemnify the City in a form approved by the City Attorney.
5-2-108 Issuance of permits.
(a) The City Manager or their designee may issue a permit as provided for in this article when:

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(1) Applicant has paid all application fees;
(2) Applicant has provided proof of an insurance policy along with an additional insured endorsement naming the City of Turlock, its elective and appointive boards, officers, agents, employees and volunteers as additionally insured as per TMC 5-2-106; (3) Applicant has agreed in writing to pay all estimated and actual costs associated with the Parade/Special Event;
(4) Applicant has signed an indemnification, defense and hold harmless agreement as per TMC 5-2-107;
(b) Beyond these requirements it must also be found from a consideration of the application by the Special Events Committee, as defined in subdivision (c) below, and/or approval by the City of Turlock City Council and from such other information as may otherwise be obtained, that:
(1) The conduct of such Parade/Special Event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route; (2) The conduct of such Parade/Special Event will not require the diversion of so great a number of police officers of the City to properly police the line of movement, and the areas contiguous thereto, as to prevent normal police protection to the city; (3) The concentration of persons, animals, and vehicles at assembly points of the Parade/Special Event will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas; (4) The conduct of such Parade/Special Event will not unduly interfere with the movement of fire-fighting equipment en route to a fire or other emergency equipment; (5) The conduct of such Parade/Special Event is not reasonably likely to cause injuries to persons or property or to provoke disorderly conduct or create a disturbance; and (6) Such Parade/Special Event is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor; provided, however, the provisions of this subsection shall not prohibit a Parade/Special Event held for the purpose of promoting or publicizing a commercial or trade event of a general nature. (c) For the purposes of this article, the term “Special Events Committee” shall mean a multidisciplinary group of City staff responsible for reviewing proposed events from a functional and operational perspective. The Special Events Committee ensures that each event is evaluated for its potential impacts on public safety, emergency access, transportation systems, utilities, and land use considerations prior to approval. The Special Events Committee shall be comprised of the following staff members:
(1) The Fire Marshal and/or designee;
(2) The Police Chief and/or designee;

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(3) The Municipal Services Director and/or designee;
(4) The Development Services Director and/or designee;
(5) The City Engineer and/or designee; and
(6) Any other staff member deemed necessary for the Committee’s operation by the City Manager or their designee.
5-2-109 Terms of permits.

The permit to be issued by the City shall prescribe the following:
(a) The name of the person or organization wishing to conduct such Parade/Special Event; (b) The name, email address, and telephone number of the person who will be the Parade/Special Event point-of-contact and be responsible for its conduct; (c) The date(s) when such Parade/Special Event is to be conducted; (d) The time when such Parade/Special Event will start and terminate; and (e) In the interest of public safety, or upon determination that any term or condition of the permit has been violated, the Chief of Police or their designee shall have the authority to suspend or revoke the permit at any time, without prior notice.
5-2-110 Notices of rejection.

Such notice shall be emailed to the applicant at the email address as given in the application for the Parade/Special Event permit.
5-2-111 Appeals.

The City, in denying an application, may authorize the conduct of such Parade/Special Event on a date, at a time, at a location or by a route different from that named by the applicant, and, if the applicant desires to accept proposed date, time, and route, the applicant shall, within two (2) business days after notice of the action of the City, respond with notice of acceptance to the City representative. The City shall thereupon obtain further approval from the Special Events Committee and may issue a permit. Such permit shall conform to the requirements of this article. 5-2-113 Late applications.

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The City shall have the authority, in its discretion, to consider any application for a permit to conduct a Parade/Special Event which is filed less than ninety (90) calendar days before the date such Parade/Special Event is proposed to be conducted. A late fee will be applied. Late fee may be waived at the discretion of the City Manager or their designee. 5-2-114 Officials to be notified.

Upon accepting a Parade or Special Event permit, the City representative shall send a copy thereof to members of the Special Events Committee and any other affected agencies, including, without limitation, rail, bus, and transit companies, schools, trash collection services, and emergency response services.
5-2-115 Interference with Parades/Special Events.

No person shall, without the consent of the permittee, join or participate in a Parade/Special Event nor in any manner interfere with its progress or orderly conduct. Violations of this section shall be subject to enforcement pursuant to TMC 1-2-01 and may be addressed through administrative citation, infraction, or misdemeanor prosecution, as determined appropriate by the City. 5-2-116 City Manager Authority.
(a) The City Manager or their designee is authorized to issue administrative guidelines and regulations to further the purposes, implementation, and administration of this article. (b) The City Manager or their designee, in cooperation with the City Attorney, is authorized to create and maintain forms that satisfy the requirements of this article.

Article 2. Regulation of Local Street Closures
5-2-201 Permits Required.
(a) It shall be unlawful for any person to hold, manage, conduct, aid, participate in, form, or require a Local Street Closure upon any public street, alley, park, or any other public grounds in the City unless there has first been obtained from the City a permit to do so, and such permit shall be physically carried by the person heading or leading such activity. (b) For the purposes of this article, unless otherwise apparent from the context, “Local Street Closure” means a gathering of no more than 150 attendees, sponsored solely by owners, residents, or tenants of properties fronting a public street segment, or by an association, business, foundation, nonprofit, or other organization with frontage on that segment, which causes the temporary closure of that portion of the local public street to vehicular traffic. The closure may extend beyond the sponsoring properties—typically from intersection to intersection—for traffic control and safety. The street must be classified as a local street in accordance with the California Road System maps and criteria published by Caltrans, consistent with the Federal Highway Administration’s functional classification system, and in accordance with the City of Turlock General Plan and adopted Master Plans. “Local Street Closure” does not include a “Parade” or “Special Event” as defined in Article 1 of this Chapter. 5-2-202 Applications for permits.

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(a) Any person desiring to conduct or manage a Local Street Closure event shall, not less than fourteen (14) calendar days nor more than ninety (90) calendar days before the date on which it is proposed to conduct such event, file with the City a verified application, on a form furnished by the City, setting forth the following information:
(1) The name of the person and/or organization wishing to conduct such Local Street Closure;
(2) If the Local Street Closure is proposed to be conducted for, on behalf of, or by an organization, the name, mailing address, email address, and telephone number of the headquarters of the organization and of the authorized and responsible head of such organization;
(3) The name, mailing address, email address, and telephone number of the person who will be the Local Street Closure applicant’s point-of-contact and responsible for its conduct; (4) The date when such Local Street Closure event is to be conducted; (5) The street(s), or portions thereof, to be used and closed off for the Local Street Closure; (6) The approximate number of persons who are estimated to attend the Local Street Closure;
(7) The time when such Local Street Closure will start and terminate; (b) Each application must be accompanied by a signed indemnification, defense, and hold harmless agreement; and
(c) The applicant shall indicate whether the application is an “initial application” or a “renewal application.” An initial application is for any local street closure which requires the creation of a Temporary Traffic Control Plan (“TTCP”) as defined pursuant to TMC 5-2-206. A renewal application is for a Local Street Closure that will rely on a previously issued and valid TTCP for the same proposed closure area. If the application is a renewal application, the applicant shall submit the previously issued TTCP with their application. The City, in its sole discretion, may determine that an initial application is required, rather than a renewal application, if the City determines that the TTCP is no longer valid, pursuant to TMC 5-2-206. (d) Application fees must be paid at time of application submission. 5-2-203 Fees.

The City Council is authorized to establish fees by resolution necessary to further the purposes of this article.
5-2-204 Late applications.

The applicable City Department shall have the authority, in its discretion, to consider any application for a permit to conduct a Local Street Closure event which is filed less than fourteen (14) calendar days before the date such Local Street Closure is proposed to be conducted. If accepted, a late fee will be applied. The late fee may be waived at the discretion of the City Manager or their designee.
5-2-205 Indemnification.

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The applicant shall agree in writing to comply with the terms and conditions of the Local Street Closure permit, which shall include an agreement to indemnify the City in a form approved by the City Attorney.
5-2-206 Issuance of permits.
(a) The City Manager or their designee may issue a permit as provided for in this article when:
(1) Applicant has paid all application fees;
(2) Applicant has agreed in writing to pay all estimated and actual costs associated with the Local Street Closure;
(3) Applicant has signed an indemnification, defense, and hold harmless agreement as per TMC 5-2-205;
(4) Applicant has met all conditions of approval as outlined in subsection (b) below; and (5) The City makes the following findings:
(i) The conduct of the Local Street Closure will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;
(ii) The conduct of the Local Street Closure will not require the diversion of so great a number of police officers of the City to properly police the line of movement, and the areas contiguous thereto, as to prevent normal police protection to the city; (iii) The concentration of persons, animals, and vehicles at the Local Street Closure will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas; (iv) The conduct of the Local Street Closure is not reasonably likely to cause injury to persons or property;
(v) No Local Street Closure permit application for the same time and location is already granted or has been received and will be granted; and (vi) The applicant has not made a false, misleading, or fraudulent statement of material fact in the application for a Local Street Closure permit or in any other document required pursuant to this article.
(b) The City Manager or their designee may establish the following conditions of approval, which must either be satisfied in advance or agreed to in writing prior to the issuance of the permit:
(1) Applicant shall notify each of the residents within the proposed closure area as soon as practically possible, but no later than seventy-two (72) hours prior to the start of the closure. Notification must be made either verbally, or preferably, in writing. Protests from owners, residents, or tenants with property fronting or abutting the proposed closure area must not constitute a majority; if a simple majority (50% plus one) of affected properties submit written objections to the City, the closure shall not be approved. Only one objection per parcel shall be counted.
(2) Applicant shall follow a valid TTCP provided by the City exactly as specified.

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Ordinance No. -CS

Page 9 ends

(i) A TTCP is a detailed plan designed to temporarily manage the flow of vehicular traffic and pedestrians safely around a proposed closure area through the use of signage, signals, barricades, and other traffic control devices. All TTCPs shall be in accordance with the most recent edition of the California Manual on Uniform Traffic Control Devices created by the California Department of Transportation. (ii) A TTCP issued for a previously-approved Local Street Closure permit may be valid for the same proposed closure area, except if the City determines, in its sole discretion, that a new TTCP is required.
(3) Applicant shall provide their own barricades, signs, and other traffic control items.

Lighted barricades must be used for Local Street Closures that occur outside of daylight hours.
(4) Applicant shall maintain a path of travel at least twenty (20) feet wide, from one end of the closure to the other, free of fixed objects (i.e., vehicles, food stalls, bounce houses, etc.). This path may be used by emergency services if access is needed. (5) Applicant shall meet all inspection and cleanup requirements put forth by the City. (6) Applicant shall be in good standing with the City regarding prior Local Street Closure permits. Applicants with a history of significant noncompliance—such as failure to follow traffic control plans, inadequate cleanup, or prior permit violations—may be denied a new permit.
(c) Beyond these requirements, the City is authorized to institute such other requirements or regulations as may be necessary for the smooth and orderly administration of the Local Street Closure.
5-2-207 Terms of permits.

The permit to be issued by the City shall prescribe the following:
(a) The name of the person or organization wishing to conduct such Local Street Closure; (b) The name, telephone number, and email address of the person who will be the applicant’s point-of-contact and be responsible for its conduct;
(c) The date when such Local Street Closure is to be conducted; (d) The time when such Local Street Closure will start and terminate; (e) The TTCP must be followed at all times, exactly as specified; and (f) In the interest of public safety, or upon determination that any term or condition of the permit has been violated, the Chief of Police or their designee shall have the authority to suspend or revoke the permit at any time, without prior notice.
5-2-208 Notices of rejection.

The approval process may take up to thirty (30) calendar days from time of application. If the City does not approve the application, a City representative will notify the applicant of the denial and the reason(s) for the denial of the permit. Such notice shall be emailed to the applicant at the email address as given in the application for the Local Street Closure permit.

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Ordinance No. -CS

Page 10 ends

5-2-209 Appeals.

The City, in denying an application, may authorize the conduct of such Local Street Closure on a date, at a time, at a location different from that named by the applicant, and, if the applicant desires to accept proposed date, time, and location, the applicant shall, within two (2) business days after notice of the action of the City, respond with notice of acceptance to the City’s representative.

Such permit shall conform to the requirements of this article. 5-2-211 Officials to be notified.

Upon accepting a Local Street Closure permit, the City shall send a copy thereof to the following:
(a) The Fire Marshal and/or designee;
(b) The Police Chief and/or designee;
(c) The Municipal Services Director and/or designee;
(d) The Development Services Director and/or designee;
(e) The City Engineer and/or designee; and
(f) Any other affected agencies, including, without limitation, rail, bus, and transit companies, schools, trash collection services, and emergency response services. 5-2-212 Interference with Local Street Closures.

No person shall, without the consent of the permittee, join or participate in a Local Street Closure nor in any manner interfere with its progress or orderly conduct. Violations of this section shall be subject to enforcement pursuant to TMC 1-2-01 and may be addressed through administrative citation, infraction, or misdemeanor prosecution, as determined appropriate by the City. 5-2-213 City Manager Authority.
(a) The City Manager or their designee is authorized to issue administrative guidelines and regulations to further the purposes, implementation, and administration of this article. (b) The City Manager or their designee, in cooperation with the City Attorney, is authorized to create and maintain forms that satisfy the requirements of this article.

SECTION 3. RECSISSION OF PRIOR RESOLUTIONS: Resolution No. 2013-126 and Resolution No. 2019-138 shall be rescinded on the effective date of this Ordinance.

SECTION 4. 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,

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Ordinance No. -CS

Page 11 ends

clause, word, or phrase thereof, irrespective of the fact that one or more section, subsection, sentence, clause, word, or phrase be declared invalid or unconstitutional.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of May, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

Signed and approved this 27th day of May, 2025.

SIGNED:
__________________________
AMY BUBLAK, Mayor
ATTEST:
___________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California APPROVED AS TO FORM:
__________________________
George A. Petrulakis, City Attorney

Page 422 of 851 ends

Current Turlock
Municipal Code
Reference
Current text
Proposed Turlock
Municipal Code
Reference (areas of
addition/modification
are underlined )
Proposed text (areas of addition/modification are underlined ) # of new words in
Proposed text Summary of Change
5-2-01 Obstructing
passenger travel.

It shall be unlawful for any person to hold, manage, conduct, aid, participate in, form, start, or carry on any parade, march, ceremony, show, exhibition, pageant, or procession of any kind or any other similar display, or to cause or permit the same, upon any public street, alley, park, or any other public grounds in the City unless there has first been obtained from the Parks, Recreation and Public Facilities Department a permit to do so, and such permit shall be carried by the person heading or leading such activity.
5-2-102 Permits required.
(a) It shall be unlawful for any person to hold, manage, conduct, aid, participate in, form, start, or carry on any Parade or Special Event, march, ceremony, show, exhibition, pageant, or procession of any kind or any other similar display, or to cause or permit the same, upon any public street, alley, park, or any other public grounds in the City unless there has first been obtained from the City a permit to do so, and such permit shall be carried by the person heading or leading such activity. (b) For the purposes of this article, unless otherwise apparent from the context, the terms “Parade” or “Special Event” include any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or demonstration, assembly, festival, street fair, concert, or any other gathering or similar display, which typically takes place in the public street or right-of-way, and which is likely to impede, obstruct, or interfere with the normal flow of vehicular or pedestrian traffic on a right-of-way that is designated as an arterial or collector, including any freeway or expressway, as classified in accordance with the California Road System maps and criteria published by Caltrans, consistent with the Federal Highway Administration’s functional classification system, and in accordance with the City of Turlock General Plan and adopted Master Plans. “Parade” or “Special Event” does not include a “Local Street Closure” as defined in Article 2 of this Chapter.
145 Minor Corrections; New
Section/Subsection
5-2-03 Exceptions.

The provisions of this chapter shall not apply to:
(a) Funeral processions;
(b) Students of schools going to and from classes or when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authorities; and
(c) Governmental agencies within the scope of their functions. 5-2-103 Exceptions.

The provisions of this article shall not apply to:
(a) Funeral processions;
(b) Students of schools going to and from classes or when constituting a part of their educational activities and under the immediate direction and supervision of the proper school authorities; and
(c) Governmental agencies within the scope of their functions. 0 Renumbered; Minor
Corrections
Summary of Changes
Ordinance - Turlock Municipal Code Chapter 5-2
May 13 & 27, 2025
ARTICLE 1

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5-2-04 Applications for
permits.

Any person desiring to conduct or manage a parade and/or special event shall, not less than ninety (90) days nor more than eleven (11) months before the date on which it is proposed to conduct such event, file with the Parks, Recreation and Public Facilities Department a verified application, on a form furnished by the Parks, Recreation and Public Facilities Department, setting forth the following information:
(a) The name of the person and/or organization wishing to conduct such parade/event; (b) If the parade/event is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible head of such organization; (c) The name, address, and telephone number of the person who will be the parade/event chairman and responsible for its conduct;
(d) The date when such parade/event is to be conducted; (e) The route to be traveled, the starting point, and the termination point and/or the stationary location to be used for the entire event;
(f) The approximate number of persons who, and animals and vehicles which, will constitute such parade/event; the type of animals; and a general description of the vehicles;
(g) The time when such parade/event will start and terminate; (h) The location by streets of any assembly area or areas for such parade/event; and (i) Each application must be accompanied by a signed indemnification, defense, and hold harmless agreement.
(j) Application fees, as well as refundable deposit, must be paid at time of application submission.
5-2-104 Applications for
permits.

Any person desiring to conduct or manage a Parade and/or Special Event shall, not fewer than ninety (90) calendar days nor more than eleven (11) months before the proposed start date of the event, file with the City an application, on a form furnished by the City, setting forth the following information:
(a) The name of the person and/or organization wishing to conduct such Parade/Special Event;
(b) If the Parade/Special Event is proposed to be conducted for, on behalf of, or by an organization, the name, mailing address, email address, and telephone number of the headquarters of the organization and of the authorized and responsible head of such organization;
(c) The name, mailing address, email address, and telephone number of the person who will be the Parade/Special Event point-of-contact and responsible for its conduct; (d) The date(s) when such Parade/Special Event is to be conducted; (e) The route to be traveled, the starting point, and the termination point and/or the stationary location to be used for the entire Parade/Special Event, if applicable; (f) The approximate number of persons who, and animals and vehicles which, will constitute such Parade/Special Event; the type of animals; and a general description of the vehicles;
(g) The time when such Parade/Special Event will start and terminate; (h) The location by streets of any assembly area or areas for such Parade/Special Event, if applicable; and
(i) Each application must be accompanied by a signed indemnification, defense, and hold harmless agreement; and
(j) Application fees, as well as refundable deposit, must be paid at time of application submission.
5 Minor Corrections
- 5-2-105 Fees The City Council is authorized to establish fees by resolution necessary to further the purposes of this article. N/A Entirely New Section
5-2-05 Insurance
requirements.

The applicant for a special event permit shall procure and maintain for the duration of the parade/event such insurance in the forms, types and amount as may be prescribed by the risk manager. The applicant shall request the Parks, Recreation and Public Facilities Department representative obtain the prior insurance liability limits from the risk manager prior to submitting the application, and shall submit adequate proof of insurance consistent therewith the application. 5-2-106 Insurance
requirements.

The applicant shall agree in writing to comply with the terms and conditions of the special event permit, which shall include an agreement to indemnify the city in a form approved by the City Attorney.
5-2-107 Indemnification.

Page 424 of 851 ends

5-2-08 Terms of permits.

The permit to be issued by the Parks, Recreation and Public Facilities Department shall prescribe the following:
(a) The name of the person or organization wishing to conduct such parade/event; (b) The name and telephone number of the person who will be the parade/event chairman and be responsible for its conduct;
(c) The date when such parade/event is to be conducted; (d) The time when such parade/event will start and terminate. 5-2-109 Terms of permits.

The permit to be issued by the City shall prescribe the following:
(a) The name of the person or organization wishing to conduct such Parade/Special Event;
(b) The name, email address, and telephone number of the person who will be the Parade/Special Event point-of-contact and be responsible for its conduct; (c) The date(s) when such Parade/Special Event is to be conducted; (d) The time when such Parade/Special Event will start and terminate; and (e) In the interest of public safety, or upon determination that any term or condition of the permit has been violated, the Chief of Police or their designee shall have the authority to suspend or revoke the permit at any time, without prior notice. 45 New Section/Subsection
5-2-09 Notices of rejection.

The Parks, Recreation and Public Facilities Department shall act upon the application for a parade and/or special event permit within five (5) business days after the filing thereof. The approval process may take up to thirty (30) business days from time of application, pending Council approval. If the Parks, Recreation and Public Facilities Department does not approve the application, a representative will contact the applicant stating the reason(s) for the denial of the permit. Such notice shall be emailed to the applicant at the email address as given in the application for the parade/event permit.
5-2-110 Notices of rejection.

The approval process may take up to thirty (30) business days from time of application, pending approval by the Special Events Committee. If the City does not approve the application, a City representative will notify the applicant of the denial and the reason(s) for the denial of the permit. Such notice shall be emailed to the applicant at the email address as given in the application for the Parade/Special Event permit. -24 Reworded for
Clarity/Consistency
5-2-10 Appeals. Any person who has been denied a permit by the Parks, Recreation and Public Facilities Department may appeal as provided by Chapter 1-4 TMC. 5-2-111 Appeals.

Any person who has been denied a permit by the City under this article may appeal the decision first to the City Manager or their designee, then to the City Council pursuant to TMC 1-4-01(b).
11 Minor Corrections
(a) The City Manager or their designee may issue a permit as provided for in this article when:
(1) Applicant has paid all application fees;
(2) Applicant has provided proof of an insurance policy along with an additional insured endorsement naming the City of Turlock, its elective and appointive boards, officers, agents, employees and volunteers as additionally insured as per TMC 5-2-106; (3) Applicant has agreed in writing to pay all estimated and actual costs associated with the Parade/Special Event;
(4) Applicant has signed an indemnification, defense and hold harmless agreement as per TMC 5-2-107;
(b) Beyond these requirements it must also be found from a consideration of the application by the Special Events Committee, as defined in subdivision (c) below, and/or approval by the City of Turlock City Council and from such other information as may otherwise be obtained, that:
(1) The conduct of such Parade/Special Event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route; (2) The conduct of such Parade/Special Event will not require the diversion of so great a number of police officers of the City to properly police the line of movement, and the areas contiguous thereto, as to prevent normal police protection to the city; (3) The concentration of persons, animals, and vehicles at assembly points of the Parade/Special Event will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas; (4) The conduct of such Parade/Special Event will not unduly interfere with the movement of fire-fighting equipment en route to a fire or other emergency equipment; (5) The conduct of such Parade/Special Event is not reasonably likely to cause injuries to persons or property or to provoke disorderly conduct or create a disturbance; and (6) Such Parade/Special Event is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor; provided, however, the provisions of this subsection shall not prohibit a Parade/Special Event held for the purpose of promoting or publicizing a commercial or trade event of a general nature.
(c) For the purposes of this article, the term “Special Events Committee” shall mean a multidisciplinary group of City staff responsible for reviewing proposed events from a functional and operational perspective. The Special Events Committee ensures that each event is evaluated for its potential impacts on public safety, emergency access, transportation systems, utilities, and land use considerations prior to approval. The Special Events Committee shall be comprised of the following staff members:
(1) The Fire Marshal and/or designee;
(2) The Police Chief and/or designee;
(3) The Municipal Services Director and/or designee;
(4) The Development Services Director and/or designee;
(5) The City Engineer and/or designee; and
(6) Any other staff member deemed necessary for the Committee’s operation by the City Manager or their designee.
131 Minor Corrections; New
Section/Subsection 5-2-07 Issuance of permits.
(a) The Parks, Recreation and Public Facilities Department shall issue a permit as provided for in this chapter when:
(1) Applicant has paid all application fees;
(2) Applicant has provided proof of an insurance policy along with an additional insured endorsement naming the City of Turlock, its elective and appointive boards, officers, agents, employees and volunteers as additionally insured as per TMC 5-2-05; (3) Applicant has agreed in writing to pay all estimated and actual costs associated with the parade/event;
(4) Applicant has signed an indemnification, defense and hold harmless agreement as per TMC 5-2-06;
(b) Beyond these requirements it must also be found from a consideration of the application by the Special Events Committee and/or approval by the City of Turlock City Council and from such other information as may otherwise be obtained, that:
(1) The conduct of such parade/event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route; (2) The conduct of such parade/event will not require the diversion of so great a number of police officers of the City to properly police the line of movement, and the areas contiguous thereto, as to prevent normal police protection to the City; (3) The concentration of persons, animals, and vehicles at assembly points of the parade/event will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas; (4) The conduct of such parade/event will not unduly interfere with the movement of fire-fighting equipment en route to a fire or other emergency equipment; (5) The conduct of such parade/event is not reasonably likely to cause injuries to persons or property or to provoke disorderly conduct or create a disturbance; and (6) Such parade/event is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor; provided, however, the provisions of this subsection shall not prohibit a parade/event held for the purpose of promoting or publicizing a commercial or trade event of a general nature.
5-2-108 Issuance of permits.

Page 425 of 851 ends

5-2-11 Alternative permits.

The Parks, Recreation and Public Facilities Department, in denying an application, may authorize the conduct of such parade/event on a date, at a time, at a location or by a route different from that named by the applicant, and, if the applicant desires to accept proposed date, time, and route, he shall, within two (2) business days after notice of the action of the Parks, Recreation and Public Facilities Department, respond with notice of acceptance with the Parks, Recreation and Public Facilities Department representative. The Parks, Recreation and Public Facilities Department shall thereupon obtain further approval from the Special Event Committee and/or City of Turlock City Council and issue a permit. Such permit shall conform to the requirements of this chapter.
5-2-112 Alternative permits.

Such permit shall conform to the requirements of this article. -23
Reworded for
Clarity/Consistency; Minor
Corrections
5-2-12 Late applications.

The Parks, Recreation and Public Facilities Department shall have the authority, in its discretion, to consider any application for a permit to conduct a parade/event which is filed less than ninety (90) days before the date such parade/event is proposed to be conducted. A late fee will be applied. Late fee may be waived at the Parks, Recreation and Public Facilities Director’s discretion.
5-2-113 Late applications.

Immediately upon the accepting a parade permit, the Parks, Recreation and Public Facilities Department shall send a copy thereof to the following:
(a) The Fire Marshal;
(b) The Police Chief and/or designee;
(c) The Municipal Services Director and/or designee;
(d) The Planning Director and/or designee; and
(e) Any public transportation or other utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.
(f) All parade(s)/event(s) will be subject to public notification, a public hearing and/or Council determination.
5-2-114 Officials to be
notified.

Upon the accepting a Parade or Special Event permit, the City representative shall send a copy thereof to members of the Special Events Committee and any other affected agencies, including rail, bus, and transit companies, schools, trash collection services, and emergency response services.
-35 Portion Moved;
Substantially Revised
5-2-14 Interference with
parades.

No person shall, without the consent of the permittee, join or participate in a parade/event nor in any manner interfere with its progress or orderly conduct. 5-2-115 Interference with
Parades/Special Events.

No person shall, without the consent of the permittee, join or participate in a Parade/Special Event nor in any manner interfere with its progress or orderly conduct.

Violations of this section shall be subject to enforcement pursuant to TMC 1-2-01 and may be addressed through administrative citation, infraction, or misdemeanor prosecution, as determined appropriate by the City.
31 Substantially Revised
- -
5-2-116 City Manager
Authority.
(a) The City Manager or their designee is authorized to issue administrative guidelines and regulations to further the purposes, implementation, and administration of this article.
(b) The City Manager or their designee, in cooperation with the City Attorney, is authorized to create and maintain forms that satisfy the requirements of this article. 51 Entirely New Section

Page 426 of 851 ends

- 5-2-201 Permits Required.
(a) It shall be unlawful for any person to hold, manage, conduct, aid, participate in, form, or require a Local Street Closure upon any public street, alley, park, or any other public grounds in the City unless there has first been obtained from the City a permit to do so, and such permit shall be physically carried by the person heading or leading such activity.
(b) For the purposes of this article, unless otherwise apparent from the context, “Local Street Closure” means a gathering of no more than 150 attendees, sponsored solely by owners, residents, or tenants of properties fronting a public street segment, or by an association, business, foundation, nonprofit, or other organization with frontage on that segment, which causes the temporary closure of that portion of the local public street to vehicular traffic. The closure may extend beyond the sponsoring properties—typically from intersection to intersection—for traffic control and safety.

The street must be classified as a local street in accordance with the California Road System maps and criteria published by Caltrans, consistent with the Federal Highway Administration’s functional classification system, and in accordance with the City of Turlock General Plan and adopted Master Plans. “Local Street Closure” does not include a “Parade” or “Special Event” as defined in Article 1 of this Chapter.

N/A Entirely New Section
- 5-2-203 Fees. The City Council is authorized to establish fees by resolution necessary to further the purposes of this article. N/A Entirely New Section
- 5-2-204 Late applications.

N/A Entirely New Section
- 5-2-205 Indemnification.

N/A Entirely New Section
-
5-2-202 Applications for
permits.
(a) Any person desiring to conduct or manage a Local Street Closure event shall, not less than fourteen (14) calendar days nor more than ninety (90) calendar days before the date on which it is proposed to conduct such event, file with the City a verified application, on a form furnished by the City, setting forth the following information:
(1) The name of the person and/or organization wishing to conduct such Local Street Closure;
(2) If the Local Street Closure is proposed to be conducted for, on behalf of, or by an organization, the name, mailing address, email address, and telephone number of the headquarters of the organization and of the authorized and responsible head of such organization;
(3) The name, mailing address, email address, and telephone number of the person who will be the Local Street Closure applicant’s point-of-contact and responsible for its conduct;
(4) The date when such Local Street Closure event is to be conducted; (5) The street(s), or portions thereof, to be used and closed off for the Local Street Closure;
(6) The approximate number of persons who are estimated to attend the Local Street Closure;
(7) The time when such Local Street Closure will start and terminate; (b) Each application must be accompanied by a signed indemnification, defense, and hold harmless agreement; and
(c) The applicant shall indicate whether the application is an “initial application” or a “renewal application.” An initial application is for any local street closure which requires the creation of a Temporary Traffic Control Plan (“TTCP”) as defined pursuant to TMC 5-2-206. A renewal application is for a Local Street Closure that will rely on a previously issued and valid TTCP for the same proposed closure area. If the application is a renewal application, the applicant shall submit the previously issued TTCP with their application. The City, in its sole discretion, may determine that an initial application is required, rather than a renewal application, if the City determines that the TTCP is no longer valid, pursuant to TMC 5-2-206.

N/A Entirely New Section
ARTICLE 2

Page 427 of 851 ends

- 5-2-207 Terms of permits.

The permit to be issued by the City shall prescribe the following:
(a) The name of the person or organization wishing to conduct such Local Street Closure;
(b) The name, telephone number, and email address of the person who will be the applicant’s point-of-contact and be responsible for its conduct; (c) The date when such Local Street Closure is to be conducted; (d) The time when such Local Street Closure will start and terminate; (e) The TTCP must be followed at all times, exactly as specified; and (f) In the interest of public safety, or upon determination that any term or condition of the permit has been violated, the Chief of Police or their designee shall have the authority to suspend or revoke the permit at any time, without prior notice.

N/A Entirely New Section
- 5-2-206 Issuance of permits. N/A Entirely New Section (a) The City Manager or their designee may issue a permit as provided for in this article when:
(1) Applicant has paid all application fees;
(2) Applicant has agreed in writing to pay all estimated and actual costs associated with the Local Street Closure;
(3) Applicant has signed an indemnification, defense, and hold harmless agreement as per TMC 5-2-205;
(4) Applicant has met all conditions of approval as outlined in subsection (b) below; and
(5) The City makes the following findings:
(i) The conduct of the Local Street Closure will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location;
(ii) The conduct of the Local Street Closure will not require the diversion of so great a number of police officers of the City to properly police the line of movement, and the areas contiguous thereto, as to prevent normal police protection to the City; (iii) The concentration of persons, animals, and vehicles at the Local Street Closure will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas;
(iv) The conduct of the Local Street Closure is not reasonably likely to cause injury to persons or property;
(v) No Local Street Closure permit application for the same time and location is already granted or has been received and will be granted; and
(vi) The applicant has not made a false, misleading, or fraudulent statement of material fact in the application for a Local Street Closure permit or in any other document required pursuant to this article.
(b) The City Manager or their designee may establish the following conditions of approval, which must either be satisfied in advance or agreed to in writing prior to the issuance of the permit:
(1) Applicant shall notify each of the residents within the proposed closure area as soon as practically possible, but no later than seventy-two (72) hours prior to the start of the closure. Notification must be made either verbally, or preferably, in writing.

Protests from owners, residents, or tenants with property fronting or abutting the proposed closure area must not constitute a majority; if a simple majority (50% plus one) of affected properties submit written objections to the City, the closure shall not be approved. Only one objection per parcel shall be counted. (2) Applicant shall follow a valid TTCP provided by the City exactly as specified. (i) A TTCP is a detailed plan designed to temporarily manage the flow of vehicular traffic and pedestrians safely around a proposed closure area through the use of signage, signals, barricades, and other traffic control devices. All TTCPs shall be in accordance with the most recent edition of the California Manual on Uniform Traffic Control Devices created by the California Department of Transportation. (ii) A TTCP issued for a previously-approved Local Street Closure permit may be valid for the same proposed closure area, except if the City determines, in its sole discretion, that a new TTCP is required.
(3) Applicant shall provide their own barricades, signs, and other traffic control items.

Page 428 of 851 ends

- 5-2-208 Notices of rejection.

The approval process may take up to thirty (30) calendar days from time of application.

If the City does not approve the application, a City representative will notify the applicant of the denial and the reason(s) for the denial of the permit. Such notice shall be emailed to the applicant at the email address as given in the application for the Local Street Closure permit.

N/A Entirely New Section
- 5-2-209 Appeals.

Any person who has been denied a permit by the City under this article may appeal the decision first to the City Manager or their designee, then to the City Council pursuant to TMC 1-4-01(b).

N/A Entirely New Section
- 5-2-210 Alternative permits.

N/A Entirely New Section
-
5-2-211 Officials to be
notified.

N/A Entirely New Section
-
5-2-212 Interference with
Local Street Closures.

No person shall, without the consent of the permittee, join or participate in a Local Street Closure nor in any manner interfere with its progress or orderly conduct.

N/A Entirely New Section
-
5-2-213 City Manager
Authority.
(a) The City Manager or their designee is authorized to issue administrative guidelines and regulations to further the purposes, implementation, and administration of this article.
(b) The City Manager or their designee, in cooperation with the City Attorney, is authorized to create and maintain forms that satisfy the requirements of this article.

N/A Entirely New Section

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City Council Staff Report
May 13, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Wayne York, Transit Manager
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: In the matter of rescinding Resolution No. 2023-177 and adopting a revised transit passenger fare structure effective July 1, 2025, and delegating authority to the City Manager, or his or her designee, to temporarily reduce or eliminate fares on any transit mode for promotional, regional coordination or emergency purposes

2. DISCUSSION OF ISSUE:

On July 11, 2023, the City Council approved Resolution No. 2023-177, which rescinded the previous transit passenger fare structure and adopted a new transit passenger fare structure. The changes incorporated at that time were to: (1) reduce the qualifying age for a discount on fixed route and On-Demand services from 65 years of age and greater to 55 years of age and greater, (2) provide free rides on fixed route services to active-duty, reserve-duty and honorably discharged service members of the United States military; and (3) provide discount On-Demand fares to active-duty, reserve-duty and honorably discharged service members of the United States military.

City staff is proposing to leave most fare categories unchanged, but make one addition and one clarification. The proposed addition would be a new fare category for the On-Demand mode only: establishing a group fare specifically for special education staff and students of public education institutions. This allows Turlock Unified School District (TUSD) and Denair Unified School District (DUSD) to make a reservation for transportation to anywhere within Turlock and Denair for a fixed price ($5.00) per group instead of per-person. Since Turlock Transit vehicles are ADA-accessible and have multiple wheelchair securement positions, these vehicles are ideally suited to transport individuals with special needs and have the capacity to transport groups in a single vehicle. Since it costs the same amount of money to operate a vehicle picking up one person as a vehicle picking up a small group, this special fare makes sense for this particular purpose. Aside from the special rate, all other standard reservation and service policies would apply.

In addition, City staff is recommending the inclusion of a Personal Care Attendant (PCA) category indicating that these individuals ride all service modes for free. When an individual has gone through an ADA-eligibility process and that process identifies that having a PCA with them when they travel is warranted, federal regulations require that transit agencies allow the PCA to travel for free when using the ADA paratransit service. In an effort to encourage use of the fixed route system, it makes sense to allow PCA's to ride for free on fixed route buses as well. Following conversations with regional transit peers, both Stanislaus Regional Transit Authority (StanRTA) and Turlock Transit services have been permitting PCA's to ride for free for several years, though this formalizes that practice by identifying it in the fare structure.

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Agenda Staff Report
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3. BASIS OF RECOMMENDATION:

A. Increases mobility and community access to individuals with special needs.

B. Responsive to needs and requests from local school personnel working with individuals with these transportation needs.

C. Costs to operate microtransit services, such as On-Demand, are excluded from fare recovery ratio requirements, which means there is no mandated cost-recovery standard that has to be met, typically through higher fares.

D. All passengers, including those traveling under the newly defined special rate, would follow the same reservation, scheduling and subscription procedures.

4. FISCAL IMPACT / BUDGET AMENDMENT:

City staff anticipates the overall costs to be minimal. New requests for service under the new, special rate would utilize vehicles already in service and would essentially result in better utilization of transportation supply. Additional revenue from fares would depend on the number of trips scheduled, but an increase of $500 to $1,200 is reasonable. There is sufficient transit revenue (Fund 426) to cover these standard operating costs. No General Fund monies will be used.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

The adoption of a revised transit fare structure is exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15273 (Rates, Tolls, Fares and Charges) of the CEQA Guidelines.

8. ALTERNATIVES:

A. Reject approval of the proposed resolution. City staff does not recommend this approach because the proposed changes would better utilize existing transit services to provide a significant benefit to a sensitive user group without negatively impacting service to other transportation users.

9. ATTACHMENTS:

1. Draft Resolution

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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-

WHEREAS, the Turlock City Council, providing transit services to the community through Turlock Transit, recognizes the value that Turlock Transit brings to the community and desires to establish a fair, equitable and sustainable transit fare structure for the benefit of all members of the general public; and
WHEREAS, in an effort to encourage the use of public transit and active modes of transportation amongst children and teens to develop a familiarity with the use of public transit and dissuade negative stigmas from developing, the City Council shall continue to waive fixed route fares for all youth (18 years of age or younger) and all public education staff, faculty and students, including public primary, secondary and post-secondary institutions; and
WHEREAS, in recognition of the sacrifice and dedication they have shown in service to their country, the City Council shall continue to waive fixed route fares, and provide On-Demand discount fares, for all active-duty, reserve-duty and honorablydischarged service members of the United States armed forces; WHEREAS, in an effort to support youth and young adults with special needs within the community, the City Council shall establish a new fare category for On-Demand service for special education small groups at a public education institution, with the rate applying to the group instead of the individual, as long as the group is traveling within a single vehicle; and
WHEREAS, the establishment of a new fare category does not provide special or exclusive access to transportation services, it does provide access to ADA-accessible vehicles and multiple ADA-accessible wheelchair securement positions on-board; and WHEREAS, funding for transit services is derived from a combination of federal, state and regional grant funds, as well as locally generated revenue, such as fares and advertising on buses and in bus shelters.
}
}
}
}
}
}
}
}
}
}
}
}

IN THE MATTER OF RESCINDING
RESOLUTION NO. 2023-177 AND ADOPTING

A REVISED TRANSIT PASSENGER FARE
STRUCTURE EFFECTIVE JULY 1, 2025, AND

DELEGATING AUTHORITY TO THE CITY

MANAGER, OR HIS OR HER DESIGNEE, TO

TEMPORARILY REDUCE OR ELIMINATE

FARES ON ANY TRANSIT MODE FOR

PROMOTIONAL, REGIONAL

COORDINATION OR EMERGENCY

PURPOSES

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Resolution No. 2025-

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby rescind Resolution No. 2023-177 and adopt a revised transit passenger fare structure effective July 1, 2025, and delegates authority to the City Manager, or his or her designee, to temporarily reduce or eliminate fares on any transit mode for promotional, regional coordination or emergency purposes; and
BE IT FURTHER RESOLVED that the adopted fares for Turlock Transit services shall be:

Fixed Route Fare
All-Day Pass, Regular $2.00
All-Day Pass, Discount $1.00
31-Day Pass, Regular $30.00
31-Day Pass, Discount $15.00
Transfers to regional transit FREE
Youth (18 years old and younger) FREE
Public education staff, faculty and students FREE
Active-duty, reserve-duty and honorably-discharged service members of the U.S. armed forces
FREE
Personal Care Attendant (if traveling with eligible rider) FREE ADA Paratransit Fares Fare
One-Way, Regular $1.00
Children, ages 0-5 (max 2 per adult) FREE
Personal Care Attendant (if traveling with eligible rider) FREE On-Demand Fares Fare
One-Way, Zone 1 (Turlock), Regular $5.00
One-Way, Zone 1 (Turlock), Regular Companion $3.00
One-Way, Zone 1 (Turlock), Discount $2.50
One-Way, Zone 1 (Turlock), Discount Companion $2.50
One-Way, Zone 2 (Denair), All users $2.50
One-Way, Public Education Special Ed. Small Group (per group) $5.00 Personal Care Attendant (if traveling with eligible rider) FREE BE IT FURTHER RESOLVED that “discount” fare options shall be available on fixed route and On-Demand modes at a discounted rate of 50% off the regular rate to:
senior citizens (at least 55 years of age or older); individuals with disabilities; active duty, active reserve or honorably discharged veterans of the United States armed forces; or Medicare recipients with such users bearing qualifying documentation at the time of boarding.

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Resolution No. 2025-

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of May, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT: ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California

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City Council Staff Report
May 13, 2025
From: Jessie Dhami, Human Relations Director
Prepared by: Jessie Dhami, Human Relations Director
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Receive informational report

2. DISCUSSION OF ISSUE:

On September 22, 2024, Governor Newsom signed Assembly Bill 2561 (AB 2561) into law, amending the Meyers-Milias-Brown Act (MMBA). This new law requires all public agencies to provide an annual status report and employee vacancies in a public hearing before adopting their final budget each fiscal year. This requirement became effective on January 1, 2025.

The California Legislature found that high vacancy rates are a serious issue in the public sector. Unfilled positions increase workloads, contribute to employee burnout, lead to higher turnover, and reduce the quality of public services. The state emphasized that stable staffing levels are crucial for effective government services and positive employee relations.

Under AB 2561, agencies must also share any obstacles they face in hiring, including challenges related to policies, procedures, or recruitment practices.

If 20% or more full-time positions in a particular bargaining unit are vacant the agency must also report, upon request from the employee organization, the following:

1. The total number of job vacancies within the bargaining unit.

2. The total number of applicants for vacant positions within the bargaining unit.

3. The average number of days to complete the hiring process when a position is posted.

4. Opportunities to improve compensation and other working conditions.

Regardless of the vacancy rate, employee organizations have the right to present their own report during the same public hearing.

Current Status of Vacancies and Recruitment and Retention Efforts City of Turlock Workforce Snapshot:

The City of Turlock has six (6) bargaining groups (four represented, two unrepresented), with a total of 442 full time authorized positions in Fiscal Year 2024/2025. As of December 31, 2024, the overall vacancy rate was approximately 9% which is below the 20% threshold. Vacancy rates averaged between 9% and 12% through the 2024 calendar year.

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Vacancies result from various situations, such as:
• New positions added through the budget process.
• Internal transfers or promotions.
• Employee retirements, resignations or terminations.

AB 2561 Vacancy Report
Separation Summary:

Reason for Separation Count
Retirement 11
Voluntary Resignation 18
Involuntary Termination 3
Deceased 1
Total 33
Recruitment and Retention Efforts:

The City implemented several strategies to attract and retain qualified employees:
• Council Resolution 2022-071 authorized the City Manager to extend recruitment incentives, pre-accrual up to 80 hours of vacation and up to 40 hours of sick leave. • Council Resolution No. 2023-055 Offered Turlock Associated Police Officers (TAPO)

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a one-time forty (40) hour time bank to encourage referrals. • Council Resolution 2023-093 Authorized signing bonus for Police Department hires:
$6,000- $20,000 for lateral hires, trainees, and academy graduates. $3,000 referral bonuses or 40 hour time banks for successful hires.
• Council Resolution 2023-142 Authorized signing bonus for Water Treatment Plant Operator, Sr., Maintenance Technician, Sr., Instrument and Control Technician, Sr., Water Treatment Plant Supervisor and Water Treatment Plant Manager ranging from $7,500 to $12,000. Referral bonus of $3,000 were also made available for successful hires in these positions.

Key Challenges Identified:
• Competitive job market with comparable and/or neighboring agencies. • Limited applicant pools in specialized roles (e.g., water operations, law enforcement and specialty skilled positions).

Efforts to Address:

No specific changes have been identified or implemented to address hiring obstacles at this time. The City continues to take steps to support recruitment and retention and will continue monitoring vacancy rates.

3. BASIS OF RECOMMENDATION:

Receive and approve the informational report.

4. FISCAL IMPACT / BUDGET AMENDMENT:

There is no direct fiscal impact from presenting this report or holding the required public hearing.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

N/A

8. ALTERNATIVES:

9. ATTACHMENTS:

1. Attachment- Assembly Bill No 2561

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Assembly Bill No. 2561
CHAPTER 409
An act to add Section 3502.3 to the Government Code, relating to public employment.
[Approved by Governor September 22, 2024. Filed with
Secretary of State September 22, 2024.]
legislative counsel’s digest
AB 2561, McKinnor. Local public employees: vacant positions.

Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and to consider fully presentations that are made by the employee organization on behalf of its members before arriving at a determination of policy or course of action.

This bill would, as specified, require a public agency to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the bill would require the public agency, upon request of the recognized employee organization, to include specified information during the public hearing. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include related legislative findings.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.

92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares as follows:
(a) Job vacancies in local government are a widespread and significant problem for the public sector affecting occupations across wage levels and educational requirements.
(b) High job vacancies impact public service delivery and the workers who are forced to handle heavier workloads, with understaffing leading to burnout and increased turnover that further exacerbate staffing challenges. (c) There is a statewide interest in ensuring that public agency operations are appropriately staffed and that high vacancy rates do not undermine public employee labor relations.

SEC. 2. Section 3502.3 is added to the Government Code, to read:
3502.3. (a)  (1)  A public agency shall present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year.
(2)  If the governing board will be adopting an annual or multiyear budget during the fiscal year, the presentation shall be made prior to the adoption of the final budget.
(3)  During the hearing, the public agency shall identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process.
(b)  The recognized employee organization for a bargaining unit shall be entitled to make a presentation at the public hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.
(c)  If the number of job vacancies within a single bargaining unit meets or exceeds 20 percent of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of the following information during the public hearing:
(1)  The total number of job vacancies within the bargaining unit. (2)  The total number of applicants for vacant positions within the bargaining unit.
(3)  The average number of days to complete the hiring process from when a position is posted.
(4)  Opportunities to improve compensation and other working conditions. (d)  This section shall not prevent the governing board from holding additional public hearings about vacancies.
(e)  The provisions of this section are severable. If any provision of this section or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(f)  For purposes of this section, “recognized employee organization” has the same meaning as defined in subdivision (a) of Section 3501.

SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 3502.3 to the Government Code, furthers, within the 92 Ch. 409 — 2 —

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meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the California Constitution, to ensure that information concerning public agency employment is available to the public.

SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.

O
92 — 3 — Ch. 409

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City Council Staff Report
May 13, 2025
From: Adrienne Werner, Development Services Director
Prepared by: Katie Quintero, Senior Planner
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Approving the appeal and granting Conditional Use Permit 2024-09 2 .

DISCUSSION OF ISSUE:

A conditional use permit (CUP) application was
submitted to the Planning Division to develop the

1.31-acre parcel located at 2400 Fulkerth Road,
Stanislaus County APN 089-019-022 with a mobile
food truck park.

The applicant has planned for 14 food trucks, a
40’x20’ covered eating area, parking, trash
enclosure, restrooms, landscaping, 6’8” wrought
iron fencing and gates on the west, south, and
north property lines securing the food park area
and a 7’ masonry wall along the eastern property
line. Access to the food truck park would be
provided from Fulkerth Road through an existing
30’ wide access easement.

The subject property is vacant and is zoned Community Commercial (CC) and is located in the Northwest Triangle Specific Plan area. Adjacent uses and zoning are detailed in the table below.

Zoning Use
North
(across Fulkerth
Road)
Planned Development Shopping Center
South Community Commercial Vacant
East Low Density Residential Single Family Homes
West Community Commercial Gas Station

MUNICPAL CODE STANDARDS
Turlock Municipal Code (TMC) 9-2-124 establishes standards for Mobile food facilities. The purpose of this code is to allow mobile food facilities to operate within the City through an expedited permitting process which ensures that such uses are operated in a manner that is

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safe and secure, and will not create adverse impacts to either the property on which they are located or to the immediate neighborhood. Applications for mobile food facilities that meet all of the standards of TMC 9-2-124 are issued at staff level through a mobile food vendor permit.

Under this section of the Municipal Code Mobile Food Vendors are typically an accessory use located on a site with a primary use. Onsite improvements such as parking, paving and landscaping are all existing and the site must be able to accommodate the food truck on the existing improvements to go through the expedited permitting process. Additionally, TMC 9- 2-124(e) places limits on the number and concentration of mobile food facilities by limiting properties of less than one acre in size to no more than one mobile food facility at one time.

The subject property is vacant and is 1.31-acres. Under the Mobile Food Vendor section of the Municipal Code staff could not permit any mobile food vendors on the site currently because it is vacant and there are no improvements on the site. If the site was developed with commercial uses and there was adequate parking and space to accommodate them, two food trucks could be permitted on the site through the staff level process. A conditional use permit is required to allow the mobile food truck park to be the primary use of the site, to exceed the limitation on the number of trucks allowed on the site and to authorize improvements to be installed to accommodate the mobile food park use.

TMC Section 9-3-301 allows for uses that are not specifically listed in the use chart but that are of a similar nature and intensity as other uses in the zoning district to be permitted subject to a conditional use permit. Mobile food truck plazas which allow more than one or two mobile food vendors on an existing site are not a use listed in the Municipal Code. Commercial uses such as restaurants, shopping centers, offices, gas stations and food and beverage are all permitted uses in the Community Commercial zoning district and are all of similar impact to the proposed use.

TMC 9-2-124(g) establishes the standard conditions placed on all mobile food facilities. This section prohibits permanent structures from being constructed on the site to support mobile food facilities, and limits temporary canopies to less than 120 square feet in size to be permitted through the expedited process. Permanent structures are prohibited on-site because the intent of the expedited process is that mobile food vendors are an accessory, temporary use on a site and therefore permanent improvements to serve the mobile food vendor are not allowed.

The applicant is requesting authorization to install one permanent canopy for a seating area and a restroom building as the intention of the project is for the mobile food park to be the primary use of the property. The installation of permanent improvements is another reason a CUP is required for the proposed use.

Any canopy or structure larger than 120 square feet, or that has electrical or plumbing in them, will require a building permit prior to installation and will have to comply with all building and fire codes. The CC zoning district in the Northwest Triangle Specific Plan requires a 15- foot front yard setback. All canopy structures and food trucks are required to be out of the required setback area.

Each individual mobile food truck that parks at the proposed mobile food vendor plaza will be required to obtain a mobile food vendor permit to ensure compliance with all standards and

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conditions and to verify Health Department approval of each truck. This permit will be inspected and renewed annually by the same process all other mobile food vendor permits are renewed.

Access and Parking
The site will be accessed from the existing shared driveway and 30’ access easement that enters from Fulkerth Road. The driveway on Fulkerth Road is limited to right in and right out only. The project was also conditioned to pay their pro rate share towards the future median in Fulkerth Road along the frontage of the parcel. The Municipal Code does not contain a parking standard for mobile food facilities but a ratio of two parking spaces per mobile food truck has been used on past mobile vendor projects. At the ratio of two parking spaces per truck a total of 28 spaces would be required, a total of 33 spaces are proposed.

Noise and Hours of Operation
A noise study was required to evaluate potential noise impacts to the adjacent residential properties. The noise study compared the noise attributable to the project against the noise limits established in the Municipal Code and the General Plan and found the noise generated by the operation of the project would be in compliance with all regulations. The use of generators was not analyzed in the noise study therefore a condition has been added to the project prohibiting the use of generators. The applicant plans to install electrical connections to each mobile food vendor parking area eliminating the need for generators for the trucks.

The noise study concluded the project would not exceed the acceptable noise levels as established in the Turlock Municipal Code and the General Plan for day time hours. To ensure the site does not create any noise impacts a condition of approval has been added to the resolution requiring all mobile food vendor vehicles be removed from the site by 10:00 p.m. daily.

Landscaping and Fencing
Landscaping will be installed on the site and will meet the requirements of the Municipal Code and the Model Water Efficient Landscape Ordinance. In accordance with the TMC a sevenfoot-tall masonry wall will be built along the eastern property line between the subject site and the residential properties to the east. Wrought iron fencing and gate are proposed throughout the rest of the site.

Conditional Use Permit
The Municipal Code establishes the criteria to be used when making a decision to grant or deny a Conditional Use Permit application. TMC 9-5-602 defines the purpose of a Conditional Use Permit as follows:
9-5-602 Conditional use permits: Required: Purposes.
(a) Required. No conditional use shall be located in any district unless and until a conditional use permit is granted in accordance with the procedure set forth in this article. (b) Purpose. The purpose of a conditional use permit is to evaluate the site features, operating characteristics, and design of a proposed use to ensure compatibility with other uses in the general area.

Furthermore TMC 9-5-604 states for granting of a Conditional Use Permit, All actions of the Planning Commission relating to findings and recommendations shall be in accordance with the provisions of this article. The Planning Commission shall authorize the granting of the

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conditional use permit if it finds as follows:

1. That the site for the proposed use is adequate in size and shape to accommodate such uses, all yards, open spaces, walls, fences, parking, loading, landscaping, and other features required by the Municipal Code or the Planning Commission to make sure such use is compatible with the land and uses in the vicinity;

2. That the site for the proposed use is related properly to streets and highways to carry the quantity and kind of traffic generated by the proposed use;

3. That the proposed use will not adversely affect the abutting property or the permitted use thereof with the provisions of conditions; and

4. That the site for the proposed use is in conformance with the General Plan.

Turlock Municipal Code Section 9-5-606 establishes the ground for denial of a Conditional Use Permit as follows: If because of the size or character of the use proposed on a particular site, its location, or its relationship to adjoining parcels and uses, the Planning Commission is unable to make the findings set forth in TMC 9-5-504, the Planning Commission shall disapprove the conditional use permit application.

Planning Commission Meeting
The Conditional Use Permit was heard at the March 6, 2025 Planning Commission hearing.

Public notices were sent out to property owners within a 500’ radius of the project site and a public notice sign was posted on the property. Letters were received in favor of and in opposition to the proposed project. Concerns were raised about the noise impacts to the neighboring residential properties, garbage generated by the use, parking impacts to surrounding properties, impacts to other restaurants in the area and traffic and access to and from the site. The letters received are posted on the website under Conditional Use Permit 2024-09 at the following
link https://ci.turlock.ca.us/buildinginturlock/planninglandusepermitting/planningprojects/active projects.asp.

During the Planning Commission meeting 11 members of the public spoke in opposition to the project due to their concerns with traffic safety, noise, lighting, unpleasant aesthetic, oversaturation of restaurants, and insufficient customer parking. Five people spoke in favor of the project.

The Planning Commission asked questions about the proposed fencing for the site, the number of required restrooms, required parking and traffic concerns for access to and from the site. Staff explained the site plan showed fencing and gating of the site but that the Commission could add a condition of approval to the resolution to require the fencing be installed and the site be locked every night when the mobile food vendors left if the Commission desired. Staff also explained the ratio of two parking spaces per mobile food vendor was used as this has been the required number of parking spaces used on other mobile food vendor plazas. To address questions about traffic, staff explained the proposed use was similar in intensity to other commercial uses such as restaurants, gas stations and drive-thru restaurants which were considered in the General Plan traffic modeling for this area. Therefore, traffic impacts would be consistent for what has been planned and designed for this area. Furthermore, this project was conditioned to pay their pro-rata share towards the future installation of the median in Fulkerth Road along the frontage of these parcels. The

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Planning Commission was also given the option to add a condition of approval to the project to require the installation of a temporary tough curb median until the permanent median was installed.

A motion to approve the project was introduced; however, it failed to pass with a vote of one in favor and five opposed. Subsequently, a motion to deny the Conditional Use Permit was made and duly seconded. The motion to deny was approved unanimously with a vote of six in favor and none opposed.

3. BASIS OF RECOMMENDATION:

1. Turlock Municipal Code Section 9-5-130 allows any action of the Planning Commission to be appealed to the City Council in accordance with the provisions of Chapter 1-4 of the Municipal Code.

4. FISCAL IMPACT / BUDGET AMENDMENT:

An appeal fee was received to mitigate the fiscal impact.

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

The proposed project is consistent with the zoning regulations and the Turlock General Plan. The project will not result in any significant impacts relating to traffic, noise, air quality, or water, nor does the site have any habitat value for endangered, rare, or other threatened species. The site can be adequately served by all required utilities and public services and is located entirely within the City Limits on a parcel no larger than five acres.

The site in which the project is located is not environmentally sensitive. Therefore, pursuant to California Environmental Quality Act (CEQA) 15332 [In-Fill Development], this project is Categorically Exempt from the provisions of CEQA.

8. ALTERNATIVES:

1. Denying the appeal and affirming the Planning Commission denial of Conditional Use Permit 2024-09

2. The City Council may choose to add or modify Conditions of Approval. The City Council may choose to add to or modify any of the proposed conditions of approval.

9. ATTACHMENTS:

1. CUP 2024-09 Resolution Approving CUP

2. CUP 2024-09 Council Resolution Denying CUP

3. Site Plan

4. City of Turlock Appeal Application for 2400 Fulkerth Road (CUP 2024-09)

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5. CUP 2024-09 Council Public Comments v3_redacted

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BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING THE APPEAL } RESOLUTION NO. 2025- AND GRANTING CONDITIONAL USE PERMIT }
2024-09 }
}
WHEREAS, an application was received to develop the property at 2400 Fulkerth Road, Stanislaus County APN 089-019-022 with a mobile food vendor park to accommodate the parking of 14 mobile food vendors; and
WHEREAS, the Planning Commission considered the Conditional Use Permit application at a duly noticed public hearing on March 6, 2025; and WHEREAS, the Planning Commission of the City of Turlock considered all information provided and comments received during the public hearing in making its findings and determinations; and
WHEREAS, the Planning Commission found the proposed project exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission with a unanimous vote denied Conditional Use Permit 2024-09 after determining the findings contained in the draft resolution could not be made; and
WHEREAS, on March 10, 2025 the applicant filed an appeal of the Planning Commission’s denial of Conditional Use Permit 2024-09; and WHEREAS, in making its decision, the City Council considered the CEQA determination, the public testimony, the evidence in the record, and the findings for approval; and
WHEREAS, after a public hearing held on May 13, 2025 the City of Turlock City Council found and determined as follows:

Section 1. The proposed project is “Categorically Exempt” from the provisions of the California Environmental Quality Act (CEQA) under the CEQA Guidelines Section 15332 [In-Fill Development Projects].

Section 2. That the project meets all of the findings for granting of a Conditional Use Permit as follows:

1. That the site for the proposed use is adequate in size and shape to accommodate such uses, all yards, open spaces, wall, fences, parking, loading, landscaping and other features required by the Municipal Code or the commission to make sure such use is compatible with the land and uses in the vicinity;

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2. That the site for the proposed use is related properly to streets and highways to carry the quantity and kind of traffic generated by the proposed use;

3. That the proposed use will not adversely affect the abutting property or the permitted use thereof with the provisions of conditions; and

4. That the site for the proposed use is in conformance with the General Plan.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Turlock that Conditional Use Permit 2024-09 (2400 Fulkerth Road) is hereby granted subject to compliance with all applicable codes and ordinances, subject to the terms and conditions set forth below. All conditions listed below shall be complied with prior to issuance of a Certificate of Occupancy, or equivalent, unless otherwise stipulated.

Section 2. That said Conditional Use Permit No. 2024-09 would be permissible subject to compliance with the following conditions:

Planning Division (668-5640)

1. This approval authorizes the development of a 1.31-acre parcel for a mobile food truck park at 2400 Fulkerth Road, Stanislaus County APN 089-019-022. The applicant has planned for 14 food trucks, a 40’x20’ covered eating area, parking, trash enclosure, restrooms, landscaping, 6’8” wrought iron fencing and gates on the west, south, and north property lines securing the food park area and a 7’ masonry wall along the east property line. Access to the food truck park is rightin-right out only, provided from Fulkerth Road through an existing 30’ access easement. (Attachment A)

2. The project shall also comply with the conditions of approval established in Parcel Map 02-10.

3. Minor amendments to the site layout may be authorized by the Development Services Director on a case-by-case basis, provided that such amendments are consistent with the overall intent and purpose of the conditions contained herein.

4. The site must comply with the Turlock Municipal Code §5-28-100ART: Noise Standards at all times.

5. Pursuant to Turlock Municipal Code (TMC) §9-5-610, this approval shall expire one (1) year from the date of approval if the use has not commenced. If requested prior to the date of expiration, a time extension may be filed with the Turlock Planning Division to extend this deadline

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6. The property owner and operator shall comply with all applicable State and federal laws and regulations at all times.

7. In the event the city determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant shall be required to pay any and all costs of such legal action, including reasonable attorney’s fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree with applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails on every issue in the enforcement proceeding.

8. The mobile food facility (vehicle/trailer) must be approved and permitted by the Stanislaus County Department of Environmental Resources. The mobile food facility must report to its approved commissary daily. A copy of the Stanislaus County Environmental Resources permit is required as part of the application for a Mobile Food Facility Permit.

9. The use of extension cords is strictly prohibited.

10. All activities shall cease and all mobile food trucks shall be off the site by 10:00 p.m. daily.

11. The use of generators is prohibited.

12. The canopy and restroom building elevations shall have design features the complement the existing development on the adjacent parcels and meet the Design Guidelines and the requirements of the Northwest Triangle Specific Plan. A Minor Administrative Approval (MAA) shall be required for review of the elevations of these buildings.

13. The use shall be conducted entirely upon private property and not within any public right-of-way.

14. The use shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, water quality, and environmental regulations and laws.

15. No signs, balloons, or flags may be displayed on or off the site to promote the mobile food facility except those permanently affixed to the mobile food vehicle/trailer.

16. No outdoor music, live or amplified, is permitted.

17. Vehicle and temporary canopies or tents shall not be located closer than twenty (20') feet to a building or structure.

18. Vehicles and any temporary canopies or tents shall not be located on the same parcel, or closer than one hundred (100') feet from the lot line of an adjacent parcel, on which a flammable, combustible, or liquid petroleum gas dispensing or storage container is located.

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19. The site shall be continuously maintained free of weeds, litter, and debris.

20. All mobile food facility operators shall obtain and maintain a valid Turlock business license and mobile food vendor permit at all times.

21. An agreement for the use of properly operating restroom facilities within 200-feet of the food truck’s location shall be maintained at all times.

22. Suspension or revocation of mobile food facility permit. Any mobile food facility permit may be suspended or revoked in accordance with the procedures and standards of Article 11 of Chapter 9-5 TMC (Enforcement). The permit shall be automatically suspended and may be revoked when the permit issued by the Stanislaus County Environmental Resources Department is suspended or revoked for any reason.

23. Each mobile food facility shall obtain a mobile food facility permit from the Planning Division prior to operating on the site, this permit shall be renewed annually. Only 14 mobile food trucks shall be permitted to operate onsite at the same time.

Site Plan

24. The project shall be developed according to the site plan received by the Planning Division as part of the application. (Attachment A)

25. No food trucks or canopy structures are permitted in the 15’ front yard setback.

26. A minimum of 10% of the lot shall be landscaped.

27. Chain link fencing is prohibited. All fencing shall be decorative fencing such as wrought iron, black powder coated or other material.

28. A 7’ tall masonry wall is required along the eastern property line.

29. All drive aisles and parking stalls shall remain clear of automobiles for sale, onsite parking or any other obstruction.

30. No vehicles, food trucks, or canopies may be parked on the public right-of-way or blocking the driveway entrances or drive aisles.

31. All trash enclosures shall comply with the City of Turlock Standards and Specifications for construction and materials. Each recycling and trash enclosure shall be designed to allow walk-in access without having to open the main enclosure gate. Contact Turlock Scavenger to confirm the preferred angle of the enclosure.

32. Whenever feasible, the recycling collection area and the trash collection area shall be adjacent to one another and in one (1) enclosure.

33. A minimum two (2) foot perimeter at the base of each enclosure wall shall be irrigated and planted with landscaping, including the use of evergreen vines.

34. Outdoor storage is not permitted. All items stored shall be contained indoors. Any outdoor storage will require additional Planning review and approval.

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Turlock City CouncilMay 13, 2025

Turlock City Council
May 13, 2025