impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
Condition 52
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
Condition 53
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
Page: 18 of 23
Condition 54
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public.
Condition 55
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
Condition 56
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
Condition 57
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA.
Condition 58
Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent Page: 19 of 23
monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
Condition 59
Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
Condition 60
Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
Condition 61
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
Condition 62
Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards," the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs” and the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs” do not apply to this award.
Condition 63
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
Condition 64
Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this Page: 20 of 23
award.
Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA.
Condition 65
Withholding of funds for Budget narrative or information The recipient may not expend or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and an Award Condition Modification has been issued to remove this condition.
[X] I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official
Acting Assistant Attorney General
Name of Approving Official
Brent J. Cohen
Signed Date And Time
12/1/24 6:20 PM
Authorized Representative
[X]
Entity Acceptance
Title of Authorized Entity Official
Police Business Unit Supervisor
Page: 21 of 23
Name of Authorized Entity Official
Maria Ruiz
Signed Date And Time
2/13/2025 12:31 PM
Page: 22 of 23
Page: 23 of 23
City Council Staff Report
May 27, 2025
From: Isaac Moreno, Finance Director
Prepared by: Nadine Silva, Principal Accountant
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Rescinding Resolution 2025-012 and adopting a new resolution designating the authorized signatures for the City of Turlock bank accounts with Westamerica Bank
2. DISCUSSION OF ISSUE:
On January 28, 2025 the City Council approved Resolution 2025-012 designating the authorized signers on the various City bank accounts with Westamerica Bank. These signers are authorized to endorse on behalf of the City of Turlock any checks or other items payable to the organization or its order, to deposit such checks and other items into the account with or without such endorsement, and to direct withdrawals from the account by check drawn on the account or otherwise, including withdrawals payable to anyone who is an authorized signer.
With the retirement of the City Manager, the signature cards for the City’s bank accounts with Westamerica Bank need to be updated.
3. BASIS OF RECOMMENDATION:
1. Authorized signers on the designated Westamerica bank accounts needs to be updated to reflect current staffing.
4. FISCAL IMPACT / BUDGET AMENDMENT:
No fiscal impact.
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 project.
8. ALTERNATIVES:
Agenda Staff Report
5/27/2025
1. There are no alternatives. Bank accounts need to be updated to reflect current staffing.
9. ATTACHMENTS:
1. Authorized Bank Signatures Resolution
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF RESCINDING } RESOLUTION NO. 2025-XXX
RESOLUTION NO. 2025-012 AND ADOPTING }
A NEW RESOLUTION DESIGNATING THE }
AUTHORIZED SIGNATURES FOR THE CITY }
OF TURLOCK BANK ACCOUNTS WITH }
WESTAMERICA BANK }
}
WHEREAS, on January 28, 2025 the City Council adopted Resolution No. 2025- 012 designating the authorized signers on the various City bank accounts with Westamerica Bank; and
WHEREAS, the City has experienced signatory changes since the adoption of Resolution No. 2025-012; therefore, the signature cards need to be updated; and WHEREAS, the City Manager of the City of Turlock is authorized to open or maintain the accounts with Westamerica Bank contained in the Bank’s signature card and agreement; and
WHEREAS, the persons or combinations of persons listed as signers on the signature card are authorized to endorse, on behalf of the organization, any checks or other items payable to the organization or its order, to deposit such checks and other items into the account with or without such endorsement, and to direct withdrawals from the account by check drawn on the account or otherwise, including withdrawals payable to anyone who is an authorized signer.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby ratify and confirm the acts of its officers, agents or employees in heretofore opening these accounts with Westamerica Bank together with any acts performed in relation thereto.
BE IT FURTHER RESOLVED, that the City Council of the City of Turlock does hereby rescind Resolution No. 2025-012 and adopt a new Resolution designating the following authorized individuals to sign on the City of Turlock bank accounts as follows:
Accounts Payable Account
Amy Bublak, Mayor
Isaac Moreno, Finance Director
Michael Abram, City Treasurer
Nadine Silva, Principal Accountant
Susan Borrego, Interim City Manager
Resolution No. 2025-XXX
Payroll Account
Amy Bublak, Mayor
Isaac Moreno, Finance Director
Michael Abram, City Treasurer
Susan Borrego, Interim City Manager
Jessie Dhami, Human Relations Director
Workers Comp Account
3 Designees from Keenan
Alison Arias, Principal Human Relations Analyst
Daily Receipt Account
Isaac Moreno, Finance Director
Nadine Silva, Principal Accountant
Preferred Public Money Market Savings Account
Isaac Moreno, Finance Director
Nadine Silva, Principal Accountant
Michael Abram, City Treasurer
Christmas Account
Alison Arias, Principal Human Relations Analyst
Isaac Moreno, Finance Director
Jessie Dhami, Human Relations Director
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 27th 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
City Council Staff Report
May 27, 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: Approving Amendment No. 12 for Task Order No. 6 under the terms of the Master Agreement (City Contract No. 2024-111) with NV5, Inc. (Fresno, California office) for Construction Management and Inspection Services for the City of Turlock’s Roads Initiative Program in the amount of $68,996.90 to be funded by Fund 115 “Measure A – Roads” for City Project No. 23-069 as “NV5 CM Task Order No. 6 for City Project No. 23- 069”
2. DISCUSSION OF ISSUE:
On February 27, 2024, the City Council approved a Master Agreement for Construction Management and Inspection Services with NV5, Inc. (City Contract No. 2024-111). The Agreement stipulates that the scope of services and fees associated with specific projects will be agreed upon through task orders approved under the terms of the Master Agreement
Scope of services for construction management and inspection is described in three (3) activity components: Pre-Construction, Construction Management and Inspection, and Post- Construction. “Pre-Construction” activities ensure that the projects are properly set up and organized in the lead-up to start of construction. Activities such as constructability reviews, file reviews and set-up, scheduling, and pre-construction conference with the contractor take place during this stage. “Construction Management and Inspection” activities during the actual construction of the projects will ensure, in general, that the contractor is complying with the contractual requirements, that the work is constructed in compliance with the bid documents, that the quantities of work are measured accurately for proper payment to the contractor, and that issues encountered in the field are resolved in a timely fashion. “Post- Construction” activities ensure that as-built plans are prepared to document and accurately reflect the project as actually constructed and that contract records are adequately and properly organized and complete.
On February 27, 2024, the City Council approved three (3) task orders, each for the design of the rehabilitation of a grouping of street sections, as Amendments under the terms of the Master Agreements for Engineering Design Services between the City of Turlock and each of the three (3) following professional consultants: Mark Thomas & Company, Inc., Provost & Pritchard Consulting Group, and Siegfried Engineering, Inc. Overall, a total of seven (7) bid packages would be advertised for construction bids as each is finalized and the funding source is identified. Bids for City Project 23-068 Bid Package 1 and City Project 23-067 Bid Packages 1 and 2 have been awarded by the City Council and the construction phase is progressing on each. Also, City Project 23-067 Bid Package 3 has been advertised for bids.
Another bid package will be advertised in the near future and includes the following street
Agenda Staff Report
5/27/2025
sections:
City Project No. 23-069
Street Name From To Length (ft) District
The Burl Chestnut St. North End 374.00 2
Florence St. West Ave.
North
N. 1st St. 2,785.00 2
N. Beech St. W. Main St. Park St. 1,388.00 2
Clifford Ave. W. Main St. Park St. 1,351.00 2
W. Olive Ave. West Ave.
North
Lander Ave. 2,532.00 2
Angelus St. S. Soderquist
Rd.
Lander Ave. 3,848.00 2
S. Orange St. Montana Ave. Lewis St. 519.00 2 Bernell Ave. South Ave. 718.00 2
Bernell Ave. S. Orange St. Bethany Ave. 400.00 2 Total Length (ft) 13,915.00
Since the design is still ongoing, critical items such as the final scope of construction work, the engineer’s estimate of construction costs, sequencing of construction, and number of working days are not yet available. Therefore, the proposed amendment for construction management and inspection services only includes the scope and fee for “Pre-Construction” activities. Once the design phase has progressed to a stage where sufficient information is available to develop a detailed scope of services, an amendment will be presented to the City Council for consideration and approval of the scope of services and fee associated with “Construction Management and Inspection” and “Post-Construction Services” activities.
“Pre-Construction” activities will commence shortly after approval of the proposed amendments and will continue through the start of construction.
3. BASIS OF RECOMMENDATION:
A. The proposed Amendment is essential to ensuring that adequate resources are available for advancing the construction of Roads Program CIP projects.
B. This action is consistent with Council’s stated goal of utilizing Measure A revenues to expedite road repair projects.
4. FISCAL IMPACT / BUDGET AMENDMENT:
The fiscal impact of the proposed action will be $68,996.90 which will be funded by Fund 115 “Measure A – Roads”, account number 115-10-115.43327 “Construction Management.”
Appropriate funds have been allocated during the Fiscal Year 2024-2025 budget process to cover this amendment.
5. STAFF RECOMMENDATION:
Recommend approval.
Agenda Staff Report
5/27/2025
6. CITY MANAGER COMMENTS:
Recommend approval.
7. ENVIRONMENTAL DETERMINATION:
Approving the amendment for the task order described above will not have a direct or reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378 (Project) because it 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:
A. Council could choose not to approve Amendment No. 12 to the Master Agreement with NV5, Inc. Staff does not recommend this alternative as it is essential to ensure that adequate resources are made available for management and inspection of construction activities and to avoid delaying the construction.
B. Provide staff with direction on how to proceed.
9. ATTACHMENTS:
1. Draft Resolution
2. Amendment No. 12 for Task Order No. 6 under the terms of the Master Agreement (City Contract No. 2024-111) with NV5, Inc.
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING AMENDMENT } RESOLUTION NO. 2025- NO. 12 FOR TASK ORDER NO. 6 UNDER THE }
TERMS OF THE MASTER AGREEMENT (CITY }
CONTRACT NO. 2024-111) WITH NV5, INC. }
(FRESNO, CALIFORNIA OFFICE) FOR }
CONSTRUCTION MANAGEMENT AND }
INSPECTION SERVICES FOR THE CITY OF }
TURLOCK’S ROADS INITIATIVE PROGRAM IN }
THE AMOUNT OF $68,996.90 TO BE FUNDED }
BY FUND 115 “MEASURE A – ROADS” FOR }
CITY PROJECT NO. 23-069 AS “NV5 CM TASK }
ORDER NO. 6 FOR CITY PROJECT NO. 23-069” }
}
WHEREAS, under a separate resolution on February 27, 2024, the City Council approved a Master Agreement (City Contract No. 2024-111) for Construction Management and Inspection Services for Roads Program CIP Projects (“Agreement”) between the City of Turlock (“City”) and NV5, Inc. (“Professional”); and WHEREAS, Construction Management and Inspection Services comprise three (3) components: Pre-Construction, Construction Management and Inspection, and Post- Construction; and
WHEREAS, Agreement stipulates that the scope of services and fees associated with specific projects will be agreed upon through task orders approved under the terms of Agreement by a written amendment to the Agreement; and WHEREAS, City desires that Professional provide “Pre-Construction” services for City Project No. 23-069 as “NV5 CM Task Order No. 6 for City Project No. 23-069;” and WHEREAS, Amendment No. 12 for Task Order No. 6 provides for the scope of services and associated fees for said services; and
WHEREAS, the cost of said services is estimated to be $68,996.90; and WHEREAS, funding is available from Fund 115 “Measure A – Roads” account number 115-10-115.43327 “Construction Management” for costs associated with said City Project; and
WHEREAS, 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 because it consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment”.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve Amendment No. 12 for Task Order No. 6 under the terms of the
Resolution No. 2025-
Master Agreement (City Contract No. 2024-111) with NV5, Inc. (Fresno, California office) for Construction Management and Inspection Services for the City of Turlock’s Roads Initiative Program in the amount of $68,996.90 to be funded by Fund 115 “Measure A – Roads” for City Project No. 23-069 as “NV5 CM Task Order No. 6 for City Project No. 23- 069.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 27th 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
CITY CONTRACT NO. 2024-111, Amendment No. 12 for Task Order No. 6
AMENDMENT NO. 12 FOR TASK ORDER NO. 6
Under the Terms of the
MASTER AGREEMENT BETWEEN THE CITY OF TURLOCK
and
NV5, INC.
for
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
City Contract No. 2024-111
City Project No. 23-069
THIS AMENDMENT NO. 12 for Task Order No. 6 under the terms of City Contract No. 2024-111 is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and NV5, INC., a California c orporation (“Professional”), on this ______ day of ___________ 2025 (the “Effective Date of Task Or der No. 6”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Amendment No. 12.
WHEREAS, the Parties hereto previously entered into a Master Agreement (City Contract No. 2024-111) dated February 27, 2024, for Construc tion Management and Inspection Services for Roads Program Capital Improvement Program (CIP) Projects (“Agreement”); and
WHEREAS, Construction Management and Inspection Services co mprise three (3) components: Pre-Construction, Construction Manageme nt and Inspection, and Post- Construction; and
WHEREAS, Agreement stipulates that the scope of services an d fees associated with specific projects will be agreed upon through task orders approved under the terms of Agreement by a written amendment to the Agreement; and
WHEREAS, City desires that Professional provide Pre-Constru ction services for City Project No. 23-069 as “NV5 CM Task Order No. 6 for City Project No. 23-069;” and
WHEREAS , Pre-Construction services will commence shortly a fter approval of the proposed Amendment No. 12 and will continue through the start of construction; and
WHEREAS , Amendment No. 12 for Task Order No. 6 provides fo r the scope of services and associated fees for said City Project.
CITY CONTRACT NO. 2024-111, Amendment No. 12 for Task Order No. 6
NOW, THEREFORE, the Parties hereto mutually agree to amend the Agr eement as follows:
1. Exhibit M, attached hereto and incorporated herein by reference, is hereby added to the Agreement.
2. Recital B of the Agreement is amended to read as follows:
B. Professional has made a proposal to City to provi de such professional services. A description of the services Professiona l proposes to provide is included in the Scope of Services in Exhibits A through M attached hereto and incorporated herein by reference (“Services”). City desires to r etain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
4. Recital C of the Agreement is amended to read as follows:
C. The Parties anticipate that one or more projects fo r Services shall be determined through creation of a Task Order as a Ci ty-requested modification of services under Section 5.2 of this Agreement which shall be approved by written amendment to this Agreement. The Parties shall outline the schedule or timeline for providing the Services agreed upon under each Task Order (“Completion Schedule”), which shall be included in one or more written amendments to this Agreement. Such Completion Schedule is included in Exhibit M.
5. Recital D of the Agreement is amended to read as follows:
D. The Parties shall outline the rates and method of payment to Professional for its performance of the Services under this Agre ement as determined under each Task Order (“Compensation Schedule”), which shall b e included in one or more written amendments to this Agreement. Such Compensation Schedule is included in Exhibit M.
6. Section 5 of the Agreement is amended to read as follows:
5.1. Services . Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibits A through M. Any request for Services not included in Exhibits A through M will be considered a request for additional or modified Services (“Modif ication” or “Modifications”).
Professional shall not receive additional compensat ion for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described i n Exhibits A through M. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter in to a written amendment to this Agreement to adjust the Services and the compensati on to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Sche dule shall not be revised unless City and Professional mutually agree to a wr itten amendment to this Agreement reflecting such revisions, additional com pensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
CITY CONTRACT NO. 2024-111, Amendment No. 12 for Task Order No. 6
7. Section 6 of the Agreement is amended to read as follows:
6.1. Amount, Time and Manner of Payment for Profess ional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule for each Task Order within each Amendment to the Agreement. Each Compensation Schedule shall include an exhibit base d on Exhibit 10-H of Caltrans Local Assistance Procedures Manual (LAPM). Professional will be allowed to include an amount for the anticipated salary increases as calculated per Exhibit 10-H. City’s total compensation to Professional shall not exceed the cumulative amount resulting from each Task Order with each approved Amendment t o the Agreement. The compensation for Amendment No. 12 shall not exceed Sixty-Eight Thousand Nine- Hundred-Ninety-Six Dollars and Ninety Cents ($68,99 6.90) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
8. Execution and Counterparts . This Amendment may be executed simultaneously, and in several counterparts, each o f which shall be deemed an original, but which together shall constitute one a nd the same instrument. The Parties agree that this Amendment and any other doc uments to be delivered in connection herewith may be electronically signed ut ilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Ag reement or such other documents are the same as handwritten signatures fo r the purposes of validity, enforceability, and admissibility.
9. All other terms and conditions of the Agreement shall remain in full force and effect for the Term of the Agreement.
[Signatures on Following Page ]
CITY CONTRACT NO. 2024-111, Amendment No. 12 for Task Order No. 6
IN WITNESS WHEREOF , the Parties have caused this Amendment No. 12 to be executed by and through their respective officers thereunto duly authorized.
PROFESSIONAL
NV5, INC., a California corporation
By:
Lori Goodwin, Vice President
Date
CITY
City of Turlock, a California
municipal corporation
By:
Susan E. Borrego, Interim City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Christopher Fisher,
Municipal Services Director
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
04/29/2025
City of Turlock Roads Program CIP Projects Task Order #6 (Project No. 23-069) Pre-Construction Services – Scope of Consultant Services 1
SCOPE OF CONSULTANT SERVICES
CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS
TASK ORDER #6 (PROJECT NO. 23-069)
PRE-CONSTRUCTION SERVICES
City of Turlock
DESCRIPTION OF PROJECT
Provide pre-construction project management services for the City of Turlock Roads Program CIP Project No. 23-069.
NV5 shall furnish a licensed Civil Engineer as Resident Engineer during the pre-construction period. NV5 will also provide support staff, as needed, during the pre-construction period.
The Resident Engineer shall be responsible for coordination with the City of Turlock and shall act as the key point of contact with the City. The Resident Engineer shall also be responsible for coordination of the Construction Management staff and will oversee the daily interaction with the Contractor, the City, and other public agencies.
NV5 shall complete the following pre-construction services:
Task 1: Pre-Construction Services
Task 1.1 Constructability Review
Objectives:
1. Achieve a full understanding of the project plans and specifications.
2. Identify potential discrepancies in the contract documents and recommend solutions to the Owner.
Description:
NV5 takes pride in their role in constructability reviews of project plans and specifications prior to advertisement for bids.
Our constructability reviews provide an opportunity to offer input from a construction perspective to produce an improved set of plans and specifications and ultimately a more cost-effective project for the Owner. Our experience has shown that these constructability reviews lead to lower bids, reduced owner risks, fewer change orders, and fewer claims.
We utilize an 18-page constructability review spreadsheet that was developed in-house and is routinely updated based on lessons learned from our vast array of project experience. As part of the review process, we will review the plans and specifications to verify that the design as presented is complete and clear, poses no construction conflicts, and is economically feasible to build. We review contract documents from the contractor’s point of view. In general, we look for missing details, ambiguous or contradictory information, physical conflicts, and impractical constraints. Some of the general questions we ask are:
• Are the plans complete and free of conflict?
• Is there sufficient information for the contractor to build the project? • Are the staging or traffic handling plans feasible?
• How will the contractor be paid?
In addition to identifying potential issues, we review the plans and specifications in an attempt to identify potential opportunities to accelerate construction or improve the contractor’s efficiencies. We thoroughly review the project staging to see if it can be modified or combined without affecting the overall objectives. We rely on our vast experience working closely with numerous agencies and contractors over the years to develop ideas that will benefit the project.
City of Turlock Roads Program CIP Projects Task Order #6 (Project No. 23-069) Pre-Construction Services – Scope of Consultant Services 2
When potential issues or opportunities are identified, we will work with the City and the project’s designers to develop possible solutions and if necessary, implement plan changes or bid package addenda in a timely manner so as not to delay bid opening.
Deliverables:
Constructability review spreadsheet.
Task 1.2 Contractor Prequalification
Objectives:
1. Manage the contractor pre-qualification process in compliance with DIR’s guidelines.
Description:
NV5 will manage the contractor pre-qualification process using the procedures described in the DIR’s Public Works Pre- Qualification of Contractors process. We will ensure each prospective bidding contractor submits the DIR’s Pre- Qualification of Contractors Model Questionnaire. The
questionnaires will be reviewed by the NV5 team, and each contractor will be scored utilizing the DIR’s Public Works Pre-Qualification of Contractors Scoring Worksheet. The results will be shared and reviewed with the City to make the final determination of which contractors are prequalified for the right to bid.
Deliverables:
Public Works Pre-Qualification of Contractors Scoring Worksheets.
Task 1.3 File Review
Objectives:
1. Review project files, including existing plans, quantity calculations, geotechnical reports, pavement design, etc.
Description:
During the pre-construction phase, NV5 will review the contract documents, including the plans, specifications, engineer’s estimate, schedule, RE pending file, environmental permits, geotechnical report, pavement design, and any other agreements. Our review will identify required submittals, order of work, any schedule constraints, restricted work windows and overall contract requirements. We will also independently verify estimated quantities for any large dollar bid items such as Hot Mix Asphalt, and identify any discrepancies found. The pavement design reports will be reviewed and compared to the contract documents for each project location to ensure the plans and specifications accurately reflect the design requirements.
Deliverables:
List of submittals.
Summary of any quantity or pavement design discrepancies found.
Task 1.4 Document Existing Conditions
Objectives:
1. Document existing conditions using photographic and video records at all job site locations prior to the start of construction activities.
Description:
Pre-construction documentation is a crucial tool for roadway reconstruction and rehabilitation projects to accurately document existing conditions of the roadways and adjacent improvements prior to the contractor commencing their scope of work. The records help protect the City from any inaccurate claims from adjacent property owners that the project activities damaged their facilities. They also assist in holding the contractor responsible for any damages they cause to adjacent City property, or property of adjacent private residences or businesses. For these specific projects, some items to document include existing conditions of curb and gutter, sidewalk, driveways, mailboxes, landscaping, signs, and street
City of Turlock Roads Program CIP Projects Task Order #6 (Project No. 23-069) Pre-Construction Services – Scope of Consultant Services 3
lighting. In addition to the typical street level photographs, we utilize high-definition drone photography to capture a wide snapshot of the jobsite locations to ensure all existing conditions are documented.
Deliverables:
Digital photographs and videos of existing job site conditions, complete with captioned descriptions, locations, and notes.
Task 1.5 Schedule Review
Objectives:
1. Prepare a tentative schedule that identifies construction stages, utility relocations and all items that will be submitted by the Contractor for review and approval.
Description:
NV5 will prepare a project schedule for major construction activities broken into stage construction, sequencing of work and anticipated durations. In addition to the general construction activities, we will include utility relocations by others including notification timelines to meet specification requirements, identify all critical project submittals, and include any permit and agreement requirements. This schedule will be used in review of the Contractor’s baseline schedule submittal.
Deliverables:
Preliminary schedule of construction activities.
Task 1.6 Draw Schedule
Objectives:
1. Develop, and maintain during the construction phase, a construction draw schedule based on the contractor’s construction schedule and forecast cash flow requirements.
Description:
NV5 will prepare a construction draw schedule to assist the City of Turlock with forecasting cash flow requirements. It will be based on the Contractor’s authorized construction schedule and will be updated on a regular basis as needed. NV5 regularly performs this task for many of our clients, including Stanislaus County and Merced County.
Deliverables:
Construction draw schedule.
Task 1.7 Pre-Construction Conference
Objectives:
1. Organize, and conduct, a pre-construction conference with the Contractor, Subcontractors, and City representatives to discuss the work involved, administrative matters, labor compliance, safety and accident prevention.
2. Answer questions from the contractors, and address issues that need to be resolved before work commences.
Description:
The NV5 Team will coordinate and facilitate a preconstruction conference with the construction contractor, subcontractors, the City, utility companies, and other stakeholders after contract approval and before start of work to review the project and discuss coordination efforts. This meeting will be used to establish managerial and administrative procedures with the contractor to ensure efficient startup and execution of the project. The project submittal list will be reviewed, and any time-critical submittals will be identified. Other discussion topics will include labor compliance, safety, and accident prevention. NV5 will prepare and distribute meeting minutes to all attendees, documenting the topics discussed at the preconstruction meeting.
City of Turlock Roads Program CIP Projects Task Order #6 (Project No. 23-069) Pre-Construction Services – Scope of Consultant Services 4
Deliverables:
Written agenda for pre-construction conference, including project submittal list.
Electronic distribution of pre-construction meeting minutes to the attendees.
Task 1.8 Review Contractor Pre-Construction Submittals
Objectives:
1. Coordinate, document, and review pre-construction project submittals for their compliance with the project plans and specifications.
Description:
Contract provisions identify specific items to be provided by the contractor prior to the start of construction that are subject to review. When we receive these pre-construction submittals from the contractor, they will be stamped and logged in by date of receipt. The NV5 Team will then review the submittals or forward the submittals to the designer and the City, as appropriate.
A partial list of expected pre-construction submittals includes:
• Construction Schedule
• Traffic Control Plans & Pedestrian Detours
• SWPPP or WPCP
• Safety Program
Deliverables:
Comprehensive log of submittal tracking and response
Submittal review documentation per contract documents
Correspondence of review with status (acceptable, revise and resubmit)
Task 1.9 Establish Project Procedures
Objectives:
1. Gain concurrence from the City regarding planned project procedures, tracking tools, construction forms and templates.
2. Provide a concise outline of regular tracking, correspondence and reporting activities with planned frequencies.
Description:
The Resident Engineer will discuss with the City all proposed tracking log templates, correspondence templates and construction forms to be used during administration of the project for review and input. The frequency of regular meetings and reporting needs will be understood based on the City’s needs. We will also discuss correspondence procedures with the project designer, stakeholders, the public and other City staff. Once established, these project procedures will be summarized through Project Procedures Outline and will be maintained on file and updated as necessary during the project. All findings and conclusions resulting from this task will be conveyed to the project team prior to construction.
Deliverables:
Proposed tracking log templates, correspondence templates, and construction forms.
Project Procedures Outline.
City of Turlock Roads Program CIP Projects Task Order #6 (Project No. 23-069) Pre-Construction Services – Scope of Consultant Services 5
Completion Schedule
NV5 shall be bound by the requirements of the Agreement from the start of pre-construction services commencing in May 2025 until the conclusion of pre-construction period at the end of July 2025. Time extensions may result in the need for additional CM services. Overtime, weekend, and holiday work are not anticipated and therefore not included.
In the event that the City Project Manager requires additional Pre-Construction Services, an amendment may be required as stipulated in the Agreement.
Fee Schedule
Compensation to provide Construction Management services required for the pre-construction phase of the subject construction project as detailed in the Agreement, for the time periods discussed in the previous section throughout the duration of the contract, shall be at the rates included in the attached cost proposal.
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. 23-069 Contract No. 2024-111 Task Order #6 Date 4/28/2025
DIRECT LABOR
Hours Actual Hourly Rate Total
100 $124.77 $12,477.00
80 $85.00 $6,800.00
0 $80.00 $0.00
40 $80.00 - $90.00 $3,400.00
80 $47.95 $3,836.00
0 $0.00
0 $0.00
300
LABOR COSTS
a) Subtotal Direct Labor Costs $26,513.00
b) Anticipated Salary Increases (see page 2 for calculation) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $26,513.00
FRINGE BENEFITS
d) Fringe Benefits (Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] $0.00
INDIRECT COSTS
f) Overhead (Rate: 136.58%
) g) Overhead [(c) x (f)] $36,211.46
h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $0.00
j) Total Indirect Costs [(e) + (g) + (i)] $36,211.46
FIXED FEE (Profit)
q) (Rate: 10.00% )
k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] $6,272.45
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS $0.00
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) Subconsultant 1: $0.00
Subconsultant 2: $0.00
m) TOTAL SUBCONSULTANTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $0.00 TOTAL COST [(c) +(j) + (k) + (n)] $68,996.90
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
EXHIBIT 10-H1 COST PROPOSAL
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
NV5, Inc.
Classification/Title Name
CM / Resident Engineer Kramer Walker, PE*
Assistant Resident Engineer Kolton Walker, PE
Assistant Resident Engineer John Seymour, PE*
Inspector TBD**
Project Engineer Neil Novotny, EIT
Description of Item
Local Assistance Procedures Manual Exhibit 10-H1
Consultant Contract No. 2024-111 Task Order #6 Date 4/28/2025
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$26,513.00 = $88.38 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $88.38 + = $92.80 Year 2 Avg Hourly Rate
Year 2 $92.80 + = $97.44 Year 3 Avg Hourly Rate
Year 3 $97.44 + = $102.31 Year 4 Avg Hourly Rate
Year 4 $102.31 + = $107.42 Year 5 Avg Hourly Rate
Year 5 $107.42 + = $112.79 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 300.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 300.0
Year 1 $88.38 * = $26,513.00 Estimated Hours Year 1
Year 2 $92.80 * = $0.00 Estimated Hours Year 2
Year 3 $97.44 * = $0.00 Estimated Hours Year 3
Year 4 $102.31 * = $0.00 Estimated Hours Year 4
Year 5 $107.42 * = $0.00 Estimated Hours Year 5
= $26,513.00
= $26,513.00
= $0.00 Transfer to Page 1
NOTES:
1 This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2 An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3 This assumes that the year one rates expire 12/31/25 and salary increases due to escalation are effective 01/01/26. 4 Calculations for anticipated salary escalation must be provided.
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
NV5, Inc.
Direct Labor Subtotal Total Hours
5%
per Cost Proposal per Cost Proposal
300
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%
Total
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
300.0
300.0
300.0
300.0
300.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year(calculated above) (calculated above) Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
300
0 0
0 0
Total Direct Labor Cost with Escalation
Local Assistance Procedures Manual Exhibit 10-H
Cost Proposal
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:
Name: Lori Goodwin Title *: Vice President
Signature : Date of Certification (mm/dd/yyyy): 4/28/2025 Email: [email protected] Phone Number: 559-661-5228
Address: 2109 West Bullard Avenue, Suite 145, Fresno, CA 93711 * An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Construction Management Services
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncom pliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).
LPP 15-01
January 2018
Name Kramer Walker, PE John Seymour, PE Neil Novotny, EIT TBD TOTAL COST Classification
CM / Resident
Engineer
Assistant
Resident Engineer Project Engineer Inspector (7)
Actual Hourly Rate $124.77 $85.00 $47.95 $85.00
Indirect Cost Rate (ICR) 136.58% 136.58% 136.58% 136.58% Net Fixed Fee 10.00% 10.00% 10.00% 10.00%
Hourly Billing Rate (1) $324.70 $221.20 $124.78 $221.20 Contract Escalation Fee (8) 5.00% 5.00% 5.00% 5.00%
1.1 CONSTRUCTABILITY REVIEW 48 48 48
1.2 CONTRACTOR PREQUALIFICATION 4
1.3 FILE REVIEW 8 8 8
1.4 DOCUMENT EXISTING CONDITIONS 8 32
1.5 SCHEDULE REVIEW 8
1.6 DRAW SCHEDULE 4
1.7 PRE-CONSTRUCTION CONFERENCE 4 4 4
1.8 REVIEW CONTRACTOR PRE-CONSTRUCTION SUBMITTALS 8 16 16
1.9 ESTABLISH PROJECT PROCEDURES 8 4 4 8
Man Hour Subtotal 100 80 80 40
Task 1 Subtotal Fees $32,469.90 $17,696.18 $9,982.73 $8,848.09 $68,996.90 Notes and Assumptions: Other Direct Costs
1. NV5 employee hourly rates include project-related overhead, profit, safety equipment, vehicles, laptops, and cell phones. Per Diem ($120 per day) - 0 Days $0.00
2. Cost proposal is based on 8-hour work shifts according to the Caltrans 5-Day Working Calendar. Field Supplies $0.00
3. Overtime, weekend, and holiday work is not included. Overtime hours will be paid in accordance with applicable labor law and prevailing wage rates, and are above and beyond the scope and fee of this estimate.
4. Adjustments to this estimate may be required if the actual schedule requires more or less construction management services than proposed. Proposal Total $68,996.90
5. This cost estimate is based on the pre-construction phase of the project being completed between May 1st, 2025 and July 31st, 2025. Time extensions (including weather delays) may result in additional CM services & fees.
6. This estimate is based on the specific scope of work described for the CITY OF TURLOCK ROADS PROGRAM CIP PROJECTS T.O. #6 (PROJECT NO. 23-069) - PRE-CONSTRUCTION SERVICES.
7. Classifications requiring prevailing wage are subject to the provisions set forth in the latest DIR determination.
8. An escalation fee of 5.0% will be applicable for work completed after 3/31/2026.
Staffing Plan & Fee Proposal for Pre-Construction Services Turlock Roads Program CIP Projects T.O. #6 (Project No. 23-069) Prepared for the City of Turlock
TASK I: PRE-CONSTRUCTION PHASE
City Council Staff Report
May 27, 2025
From: George Petrulakis, City Attorney
Prepared by: Donna Andrino, Executive Legal Assistant/Paralegal Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Approving Amendment No. 5 to an agreement with Jones Mayer (City Contract 2022-103) for special counsel legal services in the amount of $100,000, bringing the revised contract amount to $200,000, to be funded by various general ledger accounts to be determined relative to the service provided
2. DISCUSSION OF ISSUE:
Staff proposes an amendment to the City of Turlock’s (City) contract with Jones Mayer for special counsel legal services related to the compliance with the California Public Records Act (“PRA”), and other related specialized legal services as needed.
On April 20, 2022, the City entered into an agreement with Jones Mayer (then Jones & Mayer), to provide legal advice and guidance concerning compliance with the California Public Records Act, including issues involving Turlock Police Department personnel records, as well as subsequent services as approved by the City. The original agreement was in an amount not to exceed $30,000, and was initially primarily used for Turlock Police Department public records request matters. Additionally, the agreement evolved into handling public records act litigation for a frequent requestor of City public records. This resulted in the City being a party to litigation regarding its compliance with the California Public Records Act no less than seven (7) times in recent years.
Consequently, compensation in the agreement has been periodically increased based upon need under the City Manager’s contracting authority. Moving forward, any further compensation increase requires City Council approval. An outline of compensation increases since inception is detailed later in this staff report.
In addition to PRA litigation, Jones Mayer continues to provide services to the Turlock Police Department related to the timely and accurate response to California Public Records Act requests, subpoenas and Pitchess motions, which are received by the department on a regular and consistent basis. Many of the public records requests received by the police department are related to officer involved shootings, crimes against minors, and other sensitive issues that require response from a subject-matter expert.
The City Attorney’s Office and Turlock Police Department have budgeted for special counsel legal services in FY 25-26.
3. BASIS OF RECOMMENDATION:
The City’s current contract with Jones Mayer has resulted in efficient and professional
Agenda Staff Report
5/27/2025
assistance to the City with public records requests and resulting litigation. Jones Mayer has also handled subpoenas and Pitchess motions for the Turlock Police Department.
As outlined below, Amendment Nos. 1, 2, and 4 increased compensation to Jones Mayer as follows:
Date Agreement Amount
April 20, 2022 Initial
Agreement
$30,000
November 1,
2022
Amendment
No. 1
$20,000
June 8, 2023 Amendment
No. 2
$30,000
April 3, 2024 Amendment
No. 3
firm name
change only
February 25,
2025
Amendment
No. 4
$20,000
During the period from inception to April 30, 2025, the City has expended $100,000 for special counsel services from Jones Mayer. Continued services on an on-call basis are provided in the amount of an additional $100,000.
4. FISCAL IMPACT / BUDGET AMENDMENT:
This amendment will change the total not-to-exceed from $100,000 to $200,000. Appropriate funds have been allocation during the budget process within the following accounts:
• Fund 110 “General Fund” account 110-10-108.43060_000 “Contract Services General
• Fund 110 “General Fund” account 110-20-205.43195 “Special Legal Services”
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 project.
Agenda Staff Report
5/27/2025
8. ALTERNATIVES:
1. The City Council could authorize a contract amendment with a different maximum compensation amount. However, this action is not recommended due to the amount of public records requests received on a regular basis, the likely additional litigation, and the ongoing number of police subpoenas and motions received on a regular basis.
2. Provide staff direction on how to proceed.
9. ATTACHMENTS:
1. Draft Resolution
2. Jones Mayer Amendment 5
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
WHEREAS, the City of Turlock entered into an agreement with Jones Mayer (formerly Jones & Mayer) on April 20, 2022, for special counsel legal services related to the California Public Records Act and related legal matters; and
WHEREAS, the original agreement was in an amount not to exceed $30,000, and subsequent amendments increased the compensation due to the continuing need for specialized legal services; and
WHEREAS, the City has experienced a high volume of public records requests, subpoenas, and motions, especially involving the Turlock Police Department, which necessitates the continued engagement of Jones Mayer for their subject matter expertise; and WHEREAS, the agreement additionally evolved into Jones Mayer handling multiple litigation matters involving the California Public Records Act; and WHEREAS, between April 20, 2022 and April 30, 2025, the City has expended $100,000 under the current agreement, and an additional $100,000 is required to support ongoing legal services; and
WHEREAS, funding for this amendment is available within the City’s Fiscal Year 2025-2026 budget in the appropriate general ledger accounts; and
WHEREAS, the proposed Amendment No. 5 would increase the total not-to-exceed amount of the agreement to $200,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve Amendment No. 5 to an agreement with Jones Mayer (City Contract 2022-103) for special counsel services in the amount of $100,000, bringing the revised contract amount to $200,000, to be funded by various general ledger accounts to be determined relative to the service provided.
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RESOLUTION NO. 2025-XXX
IN THE MATTER OF APPROVING
AMENDMENT NO. 5 TO AN AGREEMENT
WITH JONES MAYER (CITY CONTRACT
NO. 2022-103) FOR SPECIAL COUNSEL
LEGAL SERVICES IN THE AMOUNT OF
$100,000, BRINGING THE REVISED
CONTRACT AMOUNT TO $200,000, TO BE
FUNDED BY VARIOUS GENERAL LEDGER
ACCOUNTS TO BE DETERMINED
RELATIVE TO THE SERVICE PROVIDED
Resolution No. 2025-XXX
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 27th 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
CITY CONTRACT NO. 2022-103, Amendment No. 5
AMENDMENT NO. 5
to the
Agreement between the
CITY OF TURLOCK
and
JONES MAYER
Contract No. 2022-103
THIS AMENDMENT NO. 5, dated May 27, 2025, is entered into by and between the CITY OF TURLOCK, a municipal corporation (hereinafter "CITY") and JONES MAYER, (hereinafter "PROFESSIONAL”).
WHEREAS, the parties hereto previously entered into an Agreement dated April 20, 2022, whereby PROFESSIONAL would perform Special Counsel Services, (hereinafter the “Agreement”); and
WHEREAS, on November 1, 2022, the parties entered into Amendment No. 1 to the Agreement dated April 20, 2022, whereby compensation was increased on Agreement in the amount of $20,000; and
WHEREAS, on June 8, 2023, the parties entered into Amendment No. 2 to the Agreement dated April 20, 2022, whereby PROFESSIONAL was to perform additional work and compensation was increased on Agreement in the amount of $30,000; and WHEREAS, on April 3, 2024, the parties entered into Amendment No. 3 to the Agreement dated April 20, 2022, whereby the firm name was changed from Jones & Mayer to Jones Mayer; and
WHEREAS, on February 25, 2025, the parties entered into Amendment No. 4 to the Agreement dated April 20, 2022, whereby compensation was increased on Agreement in the amount of $20,000; and
NOW, THEREFORE, the parties hereto mutually agree to amend said Agreement as follows:
1. Paragraph 4C. of the Legal Services Agreement is amended to read as follows:
ATTOREY’S FEES: Client (CITY) agrees to pay Special Counsel (PROFESSIONAL) additional compensation in the amount of One Hundred Thousand Dollars and No/100ths Dollars ($100,000.00). The compensation for completion of all items of work, as set forth in the Agreement and all subsequent amendments shall not exceed Two Hundred Thousand Dollars and No/100 ths Dollars ($200,000.00). Such maximum
CITY CONTRACT NO. 2022-103, Amendment No. 5
amount shall be compensation for all of Special Counsel's expenses incurred in the performance of the Agreement, Amendment No. 1., Amendment No. 2, Amendment No. 4 and this Amendment No. 5” (“including, but not limited to, any and all travel and per diem.” ).
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 JONES MAYER
By: _______________________________ By: ______________________________ Susan E. Borrego, Interim City Manager
Title: _____________________________
Date: _____________________________
Print name: ________________________
Date: _____________________________
APPROVED AS TO FORM:
By: _______________________________
George A. Petrulakis, City Attorney
ATTEST:
By: _______________________________
Nichole Fiez, City Clerk
City Council Staff Report
May 27, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: James Governale, Administrative Analyst
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Adopting Local Street Closure permit fees related to initial, renewal, and late applications
Resolution: Directing the City Manager or designee to waive fees for Local Street Closure applications associated with the National Night Out event
Ordinance 13XX-CS: Rescinding City of Turlock Resolution Nos. 2013-126 and 2019-138 and Second and final reading of 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
Agenda Staff Report
5/27/2025
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 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:
Agenda Staff Report
5/27/2025
• The formal delegation of permit authority;
• Establishing the Police Chief’s authority to suspend or revoke any permit for any 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, the updated language will be codified in our municipal code and fully in effect on June 26, 2025. Staff will notify the public of the updated fees and waiving of such fees associated with the National Night Out event, scheduled, in 2025, for Tuesday, August 5th.
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.
The proposed fees are in line with the 2018 Engineering Fee Study conducted by NBS Government Finance Group, and staff propose to increase the fees, based upon the previous August issuance of the San Francisco - Oakland Consumer Price Index for all urban consumers, pursuant to Resolution 2018-111.
The National Night Out event is supported by the City of Turlock and it's goals align with the City's goals - removing the fee associated with a Local Street Closure permit associated with this event will encourage more residents to participate in the event safely.
4. FISCAL IMPACT / BUDGET AMENDMENT:
Fees for Local Street Closures
Although fees for these permits are reviewed regularly during the Finance Department’s recurring “User Fees” updates, most recently adopted by Resolution 2023-054, staff recommend increasing the fee by resolution at this meeting. The tables below show the "Hi
Agenda Staff Report
5/27/2025
end" and "Lo end" costs associated with each permit, which includes review, issuance of the permit, and inspection of the TTCP.
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
Agenda Staff Report
5/27/2025
now budgeted as a General Fund department.
Given the Council's past support—although it was a different membership at the time of the previous discussion—for maintaining a low fee for these permits, staff recommend the following actions:
1. Correct the Current Fee for "Initial" permit applications:
Staff recommend increasing the current $74 fee directly to $79 to reflect the combined
3.4% (August 2023) and 2.7% (August 2024) CPI-U adjustments. This update brings the fee current with cumulative CPI changes through FY 2025–26, in line with the methodology established in the 2018 User Fee Study. A fee of $79 would represent approximately 12% of the high-end cost estimate.
2. 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 $42. The previously proposed amount of $28, noted in the last staff report, was the result of a calculation error in estimating staff time. 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. Importantly, even with the $10 late fee, the permit fees will not exceed costs of service if adopted at the recommended levels.
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 the waiving of the fees associated with Local Street Closures for this event in the past and has expressed interest in the waiving of said fees until further notice.
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 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
Agenda Staff Report
5/27/2025
limited enforceability, reduced public transparency, a lower level of resident safety, and misalignment with current legal and procedural best practices.
B. Direct Modifications to the Proposed Fees:
The Council may direct staff to return to a future meeting with modifications made to the fees, either making applications more affordable or recovering a greater portion of expenses associated with staff time.
C. Standardize Fee Application Without Exceptions:
The Council may choose to direct the City Manager to apply the fees uniformly for all applications, including National Night Out and other community events.
D. Provide staff direction on how to proceed.
9. ATTACHMENTS:
1. Draft Resolution – Local Street Closure Fees
2. Draft Resolution – National Night Out
3. Draft Ordinance
4. Summary of Changes
5. City Resolution 2013-126 (to be rescinded)
6. City Resolution 2019-138 (to be rescinded)
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-
WHEREAS, members of the public will, from time to time, seek permission to temporarily close a public street, alley, or other section of public right-of-way for a block party or other short-term duration event; and
WHEREAS, the City of Turlock (“City”) supports these temporary closures as they generally provide a safer area to congregate through the removal of through vehicle traffic, as well as provide opportunities for neighbors to communicate, bond, and build stronger neighborhoods; and
WHEREAS, California Vehicle Code Section 21101(e) empowers local agencies to approve temporarily closing a portion of any street for celebrations, parades, local special events, or other purposes when, in the opinion of local authorities have jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and
WHEREAS, on July 23, 2013, the City Council adopted Resolution 2013-126, which authorized the City Manager (or their designee) to approve the temporary closure of public streets, alleys, or other public rights-of-way and waive all general liability insurance requirements listed in Turlock Municipal Code Title 1, Chapter 6, for approved, neighborhood block parties and events; and
WHEREAS, since the adoption of Resolution 2013-126, the City Manager has adopted a residential street closure permit process, whereby any resident can seek a short-term closure of a residential street for a cost of $74.00; and WHEREAS, the City Council adopted Ordinance No. 1327, which rescinded Resolution 2013-126 and amended the Turlock Municipal Code Title 5, Chapter 5-2, to authorize the City to establish permit fees for local street closure events by resolution; and
WHEREAS, pursuant to Resolution 2018-111, fees are to be increased annually based on the San Francisco–Oakland Consumer Price Index for All Urban Consumers (CPI-U), which rose 3.4 percent from August 2022 to August 2023 and 2.7 percent from August 2023 to August 2024;
WHEREAS, the City acknowledges that revenues currently derived from the local street closure permit process do not cover the City’s costs of administering the program; and
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
IN THE MATTER OF ADOPTING LOCAL
STREET CLOSURE PERMIT FEES
RELATED TO INITIAL, RENEWAL, AND
LATE APPLICATIONS
Resolution No. 2025-
WHEREAS, the City seeks to increase the cost of an initial permit application fee such that the fee is closer to the amount reasonably necessary to provide the residential street closure permit process; and
WHEREAS, the City seeks to establish a renewal permit application fee to allow permit applicants with a valid Temporary Traffic Control Plan (“TTCP”) to pay a lower fee that does not include the cost of creating a new TTCP; and WHEREAS, the City seeks to establish a late application fee should the City choose to accept a permit application received after the deadline; and WHEREAS, the City has reviewed its costs associated with reviewing and implementing local street closure applications, reviewing and implementing local street closure renewal applications, and reviewing late filed applications, and has developed fees for these services, as set forth in Exhibit A, which do not exceed the City’s costs for performing these services and regulatory activities.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Turlock as follows:
1. The City Council hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
2. The Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines. The Resolution is exempt under CEQA Guidelines Section 15378(b)(5) of the CEQA guidelines because it 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.
3. The City Council does hereby adopt Local Street Closure permit fees related to initial, renewal, and late applications set forth in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 27th day of May, 2025, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
Resolution No. 2025-
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
Resolution No. 2025-
Exhibit A
Local Street Closure Permit Fees
Effective May 27, 2025
Fee Type Fee Amount
Initial Permit Application $79
Renewal Permit Application N/A until June 26, 2025
Late Application N/A until June 26, 2025
Effective June 26, 2025
Fee Type Fee Amount
Initial Permit Application $79
Renewal Permit Application $42
Late Application $10
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-
WHEREAS, the City of Turlock supports neighborhood safety, engagement, and connection through participation in the annual National Night Out event, a community- building campaign that promotes police-community partnerships and neighborhood camaraderie; and
WHEREAS, the City encourages resident participation in National Night Out by authorizing the temporary closure of Local streets for neighborhood gatherings that foster community relationships and crime prevention awareness; and WHEREAS, the City Council recognizes that permit fees for Local Street Closures may be a barrier to participation for some neighborhoods and that waiving such fees aligns with the City’s public safety and community engagement goals; and WHEREAS, past Councils have waived these fees in support of the event and the benefits it provides to residents, neighborhoods, and first responders; and WHEREAS, the City Council intends to remove financial barriers to resident participation in the 2025 National Night Out event scheduled for Tuesday, August 5, 2025 and future National Night Out events, which typically occur on the first Tuesday of August annually; and
WHEREAS, the City Council adopted Ordinance No. 1327, which amended the Turlock Municipal Code Title 5, Chapter 5-2 and authorized the City to establish permit fees for Local Street closure events by Resolution; and WHEREAS, the City Council intends to review this directive periodically, ideally at least once every ten years, to ensure continued alignment with community engagement and fiscal priorities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Turlock as follows:
1. The City Council hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
2. The Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines. The Resolution is exempt under CEQA Guidelines Section 15378(b)(5) of the CEQA guidelines }
}
}
}
}
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}
}
}
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}
IN THE MATTER OF DIRECTING THE CITY
MANAGER OR DESIGNEE TO WAIVE
FEES FOR LOCAL STREET CLOSURE
PERMIT APPLICATIONS ASSOCIATED
WITH THE NATIONAL NIGHT OUT EVENT
Resolution No. 2025-
because it 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.
3. The City Council hereby directs the City Manager or designee to waive fees for Local Street Closure permit applications associated with the National Night Out event.
4. The fee waiver shall apply only to “initial” and “renewal” permit application fees for Local Street Closures related to National Night Out. It shall not apply to any late submission fees, penalties, or administrative charges incurred due to noncompliance with permit deadlines or requirements.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 27th 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
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 rights- of-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
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 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. 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.
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:
Ordinance No. -CS
(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:
Ordinance No. -CS
(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;
Ordinance No. -CS
(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.
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.
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). 5-2-112 Alternative permits.
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.
Ordinance No. -CS
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.
Ordinance No. -CS
(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.
Ordinance No. -CS
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.
Ordinance No. -CS
(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.
Ordinance No. -CS
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). 5-2-210 Alternative permits.
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,
Ordinance No. -CS
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
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 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.
5-2-101 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.
0 Renumbered
5-2-02 Permits required.
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
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 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. -17
Reworded for
Clarity/Consistency; Minor
Corrections
5-2-06 Indemnification.
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.
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.
2 Minor Corrections
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/Subsection5-2-07 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.
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.
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. -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.
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.
-1
Reworded for
Clarity/Consistency; Minor
Corrections
5-2-13 Officials to be
notified.
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
- 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.
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.
N/A Entirely New Section
- 5-2-205 Indemnification.
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.
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
- 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
N/A Entirely New Section- 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. (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.
- 5-2-208 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.
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.
N/A Entirely New Section
- 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.
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.
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.
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
City Council Staff Report
May 27, 2025
From: Adrienne Werner, Development Services Director
Prepared by: Adrienne Werner, Development Services Director Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Ordinance: Second and final reading of an Ordinance extending by Amendment, the Development Agreement between Fire House and the City of Turlock for the operation of a cannabis retail dispensary at 1601 W. Main Street, Turlock, CA, County of Stanislaus, Assessor’s Parcel Number 089-015-006 through June 30, 2026.
2. DISCUSSION OF ISSUE:
The initial round of approvals for the Development Agreements allowing operation in the City as a cannabis business began to expire in October 2024. As a result, under the City Manager’s authority of the Development Agreement, the City and Fire House have entered into a Second Amendment to the Development Agreement extending the Development Agreement through December 31, 2024.
On September 19, 2024, the Planning Commission recommended the City Council extend the Development Agreement to June 30, 2025 to give staff and the cannabis operators the opportunity to get together to discuss potential amendments to the Development Agreements and Ordinance without interrupting business. The City Council approved the extension of the Development Agreement at their October 8, 2024 meeting.
Staff and the cannabis operators met on February 19, 2025. Points raised during the discussion included fixed monthly fee vs. a percentage-based fee, employee and security personnel work permits, signage, the cost and frequency of annual audits.
The cannabis pilot program has been in place for 5-years. Staff and the cannabis operators recognize there are areas of the ordinance and DAs that need to be revisited and potentially amended. The request to extend the Development Agreements to June 30, 2026 will allow staff and the cannabis operators additional time to meet and work together to potentially amend the DAs and ordinance without an interruption in their businesses.
Fire House and the other cannabis operators will be subject to any amendments to the Development Agreements and Ordinance.
As part of the Public Noticing process property owners within 500-feet of the project site were notified of the May 1, 2025 public hearing before the Planning Commission. Planning staff received a comment letter from the General Manager of the Days Inn regarding Fire House's security monitoring services and the alarms setting off at all hours of the night. Staff reached out to Fire Houses' representative, Mike Warda, and brought the issue of the security monitoring system and alarms to his attention. Mr. Warda stated he would contact
Agenda Staff Report
5/27/2025
Fire House and have them review their system and correct any problems. The email from Days Inn is included with this report as Attachment 3.
3. BASIS OF RECOMMENDATION:
1. Development Agreement Section 1.9 requires major amendments to the Development Agreement be approved by the City Council.
2. At the May 1, 2025 Planning Commission meeting the Commission voted 7-0 to recommend the City Council extend the term of the Development Agreement through June 30, 2026.
4. FISCAL IMPACT / BUDGET AMENDMENT:
If City Council does not elect to extend the terms of the Development Agreement with Fire House the Development Agreement will terminate. If the agreement is terminated Fire House can no longer operate and is no longer obligated to comply with the terms of the agreement including depositing the public benefit amount as specified in the agreement.
5. STAFF RECOMMENDATION:
Recommend approval.
6. CITY MANAGER COMMENTS:
Recommend approval.
7. ENVIRONMENTAL DETERMINATION:
This request is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) [Project] of the CEQA guidelines. This is an organizational or administrative activity involving the request for a time extension for the Development Agreement (DA) between the City of Turlock and Fire House. This action will not result in direct or indirect physical changes in the environment.
8. ALTERNATIVES:
1. City Council could choose not extend the term of the Development Agreement with Fire House. If the City Council does not choose to extend the term of the Development Agreement, the Development Agreement will terminate and will eliminate any further obligation by Fire House.
9. ATTACHMENTS:
1. Fire House DA Extension Ordinance (1)
2. DA Amendment Fourth Firehouse CLEAN 2025_04
3. Days Inn email - security system
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
WHEREAS, on June 11, 2019, the City Council of the City of Turlock (the “City Council”) adopted Ordinance No. 1255-CS to enact cannabis regulations for cannabis businesses pursuant to AUMA and MAUCRSA, by amending the City’s cannabis business regulations and establishing a Cannabis Business Pilot Program (the “Pilot Program”); and
WHEREAS, on June 11, 2019, the City adopted Ordinance No. 1255-CS amending the City’s cannabis business regulations and establishing a Cannabis Business Pilot Program (the “Pilot Program”) to regulate the operation of commercial cannabis businesses within the City; and
WHEREAS, the City and Fire House entered into a Development Agreement dated September 15, 2020, which permitted Fire House to operate a cannabis dispensary at 1601 W. Main Street, Turlock, California, County of Stanislaus Assessor’s Parcel Number 089-015- 006; and
WHEREAS, on September 10, 2019 the City adopted Ordinance No. 1260-CS approving a Development Agreement by and between the City and Fire House to operate a storefront retail dispensary as defined in Turlock Municipal Code Section 5.21 in strict accordance with applicable state and local law, at 1601 W. Main Street, Turlock, California, County of Stanislaus Assessor’s Parcel Number 089-015-006 (the “Project”), consistent with the General Plan, as amended; and
WHEREAS, on August 30, 2024 the City and Fire House entered into that certain First Amendment to extend the term of the Development Agreement dated August 3, 2020 through December 31, 2024; and
WHEREAS, on October 8, 2024 the City and Fire House entered into that certain Second Amendment to extend the term of the Development Agreement dated August 3, 2020 through June 30, 2025; and
WHEREAS, under Section 5-21-103 of the Turlock Municipal Code, any cannabis dispensary business allowed in the City shall obtain a development agreement, a City business license, and conditional use permit; and
}
}
}
}
}
}
}
ORDINANCE NO. 13XX-CSIN THE MATTER OF EXTENDING BY AMENDMENT,
THE DEVELOPMENT AGREEMENT BETWEEN FIRE
HOUSE AND THE CITY OF TURLOCK FOR THE
OPERATION OF A CANNABIS RETAIL
DISPENSARY AT 1601 W. MAIN STREET,
TURLOCK, CALIFORNIA, STANISLAUS COUNTY
APN 089-015-006 THROUGH JUNE 30, 2026
Ordinance No. 13XX-CS
WHEREAS, pursuant to Section 1.9 of the Development Agreement a “Major Amendment” to the Development Agreement shall be approved by the City Council; and WHEREAS, after the public hearing held on May 1, 2025, the Planning Commission recommended the City Council extend the term of the Development Agreement through June 30, 2026.
WHEREAS, the City Council, based on its independent review and analysis of the Planning Commission’s recommendation, oral and written testimony, and the record as a whole, finds, after due study, deliberation, and public hearing, and based on its independent judgement, that the following circumstances exist:
1. The Project is consistent with the goals, policies, and standards of the City’s General Plan and all other applicable standards and ordinances of the City.
2. In accordance with the Development Agreement Statute, the City Council finds that the amendment to the Development Agreement:
a. Will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor detrimental to the general welfare of the residents of the City as a whole; and
b. Will not adversely affect the orderly development of property or the preservation of property values; and
c. Is consistent with the relevant provisions of Government Code Sections 65864 through 65869.5; and
d. Contains a legal description of the property.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Turlock does hereby determine:
Section 1.This request is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) [Project] of the CEQA guidelines. This is an organizational or administrative activity involving the request for a time extension for the Development Agreement (DA) between the City of Turlock and Fire House. This action will not result in direct or indirect physical changes in the environment.
Section 2.The City Council of the City of Turlock extends the terms of the Development Agreement between the City of Turlock and Fire House through June 30, 2026.
Section 3.If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
Ordinance No. 13XX-CS
Section 4.Upon passage of this Ordinance, the City Manager is authorized to execute the amendment to the Development Agreement on behalf of the City. Within ten (10) days of the execution, but no earlier than 30 days after passage of this Ordinance, the City Clerk shall cause the amendment to the Development Agreement to be recorded in the Office of the County Recorder as provided for by Government Code section 65868.5. The amendment to the Development Agreement shall not take effect for thirty (30) days following passage and adoption of this Ordinance.
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 on this 27th day of May, 2025
SIGNED:
____________________________
Amy Bublak, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ _____________________________ Nichole Fiez, City Clerk, George A. Petrulakis, City Attorney City of Turlock, County of Stanislaus,
State of California
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TURLOCK AND FIRE HOUSE
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City of Turlock
156 S Broadway
Turlock, CA 95380
Attention: City Clerk
Recording Fee Exempt per Government Code §6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF TURLOCK AND FIRE HOUSE
THIS F O U R T H A M E N D M E N T T O DEVELOPMENT AGREEMENT (“Fourth Amendment”) is made and entered into this ___ day of _________ 2025, by and between the City of Turlock, a California municipal corporation (“City”), and Fire House Turlock, Inc., dba Firehouse, a California non-profit mutual benefit corporation formerly registered under the name of Fire House Cooperative, Inc. (“Developer” or “Fire House”). City and Fire House may be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Fourth Amendment.
RECITALS
A. The City and Fire House Cooperative, Inc. dba Firehouse entered into that certain Development Agreement dated August 3, 2020, which permitted Fire House Cooperative, Inc., dba Firehouse to operate a cannabis dispensary in the City of Turlock (“Development Agreement”).
B. The City and Fire House Cooperative, Inc. dba Firehouse entered into that certain First Amendment to Development Agreement dated July 25, 2022 which amended the name of Developer to Fire House Turlock, Inc. (“First Amendment”).
C. The City and Fire House Turlock, Inc. entered into that certain Second Amendment to Development Agreement dated August 30, 2024 (“Second Amendment”).
D. The City and Fire House Turlock, Inc. entered into that certain Third Amendment to Development Agreement dated on or about October 8, 2024 (“Third Amendment”).
E. Under Section 5-21-103 of the Turlock Municipal Code, any cannabis dispensary business allowed in the City shall obtain a development agreement, a City business license, and a conditional use permit.
F. Pursuant to the relevant provisions of the Development Agreement, the Parties wish to enter into this Fourth Amendment.
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TURLOCK AND FIRE HOUSE
NOW, THEREFORE, and based upon the representations herein, the Parties do agree as follows:
Section 1. Recitals. The above recitals are incorporated by this reference and made a part of this Fourth Amendment.
Section 2. Effect of Amendment. The sole effect of this Fourth Amendment is to extend the term of the Agreement through June 30, 2026.
Section 3. Entire Agreement. The Development Agreement, the First Amendment, the Second Amendment, the Third Amendment together with this Fourth Amendment, constitute the entire agreement between the Parties.
Section 4. Effective Date of Amendment; Recordation. This Fourth Amendment shall become effective on the date upon which it is executed by Fire House and City, whichever is later (the “Fourth Amendment Effective Date”). This Fourth Amendment shall be recorded by the City in the Official Records of the County of Stanislaus within ten (10) days following the Fourth Amendment Effective Date.
Section 5. Counterparts. This Fourth Amendment may be executed in several counterparts, each which shall be deemed an original, but which together shall constitute one and the same instrument.
Section 6. Authority. All Parties to this Fourth Amendment warrant and represent that they have the power and authority to enter into this amendment and the names, titles and capacities herein state on behalf of any entities, persons, states or firms represented or purposed to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into this Fourth Amendment have been fully complied with. Further, by entering into this Fourth Amendment, each Party represents that this Fourth Amendment has not caused any breach of the terms or conditions of any other contract or agreement to which such Party is obligated.
IN WITNESS WHEREOF, this Fourth Amendment has been entered into by and between Fire House and City as of the Effective Date, as defined above. “CITY”
CITY OF TURLOCK, a
California municipal Corporation
By: ________________________
Susan Borrego
Interim City Manager
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TURLOCK AND FIRE HOUSE
Dated: _____________________
ATTEST:
By: ________________________
Nichole Fiez
City Clerk
APPROVED AS TO FORM:
By: ________________________
George A. Petrulakis
City Attorney
“DEVELOPER”/”FIRE HOUSE”
FIRE HOUSE TURLOCK, INC., a
California non-profit mutual benefit
Corporation
By: _________________________
Angilbert Sarkis
Its: Owner/COO
Dated: ______________________
City Council Staff Report
May 27, 2025
From: Adrienne Werner, Development Services Director
Prepared by: Adrienne Werner, Development Services Director Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Ordinance: Second and final reading of an Ordinance extending by Amendment, the Development Agreement between JDI Farms, Inc. and the City of Turlock for the operation of an indoor cannabis cultivation, manufacturing, and distribution business at 600 D Street, Turlock, CA, County of Stanislaus, Assessor’s Parcel Number 043-018-016 through June 30, 2026
2. DISCUSSION OF ISSUE:
The initial round of approvals for the Development Agreements allowing operation in the City as a cannabis business began to expire in October 2024. As a result, under the City Manager’s authority of the Development Agreement, the City and JDI Farms entered into a First Amendment to the Development Agreement extending the Development Agreement through December 31, 2024.
On September 19, 2024, the Planning Commission recommended the City Council extend the Development Agreement to June 30, 2025 to give staff and the cannabis operators the opportunity to get together to discuss potential amendments to the Development Agreements and Ordinance without interrupting business. The City Council approved the extension of the Development Agreement at their October 8, 2024 meeting.
Staff and the cannabis operators met on February 19, 2025. Points raised during the discussion included fixed monthly fee vs. a percentage-based fee, employee and security personnel work permits, signage, the cost and frequency of annual audits.
The cannabis pilot program has been in place for 5-years. Staff and the cannabis operators recognize there are areas of the ordinance and DAs that need to be revisited and potentially amended. The request to extend the Development Agreements to June 30, 2026 will allow staff and the cannabis operators additional time to meet and work together to potentially amend the DAs and ordinance without an interruption in their businesses.
JDI Farms, Inc. and the other cannabis operators will be subject to any amendments to the Development Agreements and Ordinance.
3. BASIS OF RECOMMENDATION:
1. Development Agreement Section 1.9 requires major amendments to the Development Agreement be approved by the City Council.
2. At the May 1, 2025 Planning Commission meeting the Commission voted 6-1 to recommend the City Council extend the term of the Development Agreement through June 30, 2026.
Agenda Staff Report
5/27/2025
4. FISCAL IMPACT / BUDGET AMENDMENT:
If City Council does not elect to extend the terms of the Development Agreement with JDI Farms, Inc. the Development Agreement will terminate. If the agreement is terminated JDI Farms, Inc. can no longer operate and is no longer obligated to comply with the terms of the agreement including depositing the public benefit amount as specified in the agreement.
5. STAFF RECOMMENDATION:
Recommend approval.
6. CITY MANAGER COMMENTS:
Recommend approval.
7. ENVIRONMENTAL DETERMINATION:
This request is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) [Project] of the CEQA guidelines. This is an organizational or administrative activity involving the request for a time extension for the Development Agreement (DA) between the City of Turlock and JDI Farms, Inc. This action will not result in direct or indirect physical changes in the environment.
8. ALTERNATIVES:
1. City Council could choose not extend the term of the Development Agreement with JDI Farms, Inc. If the City Council does not choose to extend the term of the Development Agreement, the Development Agreement will terminate and will eliminate any further obligation by JDI Farms, Inc.
9. ATTACHMENTS:
1. JDI DA Extension Ordinance
2. DA Amendment Third JDI Farms CLEAN 2025_04
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
WHEREAS, on June 11, 2019, the City Council of the City of Turlock (the “City Council”) adopted Ordinance No. 1255-CS to enact cannabis regulations for cannabis businesses pursuant to AUMA and MAUCRSA, by amending the City’s cannabis business regulations and establishing a Cannabis Business Pilot Program (the “Pilot Program”); and WHEREAS, on June 11, 2019, the City adopted Ordinance No. 1255-CS amending the City’s cannabis business regulations and establishing a Cannabis Business Pilot Program (the “Pilot Program”) to regulate the operation of commercial cannabis businesses within the City; and
WHEREAS, the City and JDI Farms, Inc. entered into a Development Agreement dated October 8, 2019, which permitted JDI Farms, Inc. to operate an indoor cannabis cultivation, manufacturing, and distribution business at 600 D Street, Turlock, California, County of Stanislaus Assessor’s Parcel Number 043-018-016; and
WHEREAS, on October 8, 2019 the City adopted Ordinance No. 1264-CS approving a Development Agreement by and between the City and JDI Farms, Inc. to operate an indoor cannabis cultivation, manufacturing, and distribution business as defined in Turlock Municipal Code Section 5.21 in strict accordance with applicable state and local law, at 600 D Street, Turlock, California, County of Stanislaus Assessor’s Parcel Number 043-018-016 (the “Project”), consistent with the General Plan, as amended; and WHEREAS, on August 30, 2024 the City and JDI Farms, Inc. entered into that certain First Amendment to extend the term of the Development Agreement dated August 8, 2019 through December 31, 2024; and
WHEREAS, on October 8, 2024 the City and JDI Farms, Inc. entered into that certain Second Amendment to extend the term of the Development Agreement dated August 8, 2019 through June 30, 2025; and
WHEREAS, under Section 5-21-103 of the Turlock Municipal Code, any cannabis cultivation, manufacturing, and distribution business allowed in the City shall obtain a development agreement, a City business license, and conditional use permit; and }
}
}
}
}
}
}
}
}
ORDINANCE NO. 13XX-CSIN THE MATTER OF EXTENDING BY AMENDMENT,
THE DEVELOPMENT AGREEMENT BETWEEN JDI
FARMS, INC AND THE CITY OF TURLOCK FOR
THE OPERATION OF AN INDOOR CANNABIS
CULTIVATION, MANUFACTURING, AND
DISTRIBUTION BUSINESS AT 600 D STREET,
TURLOCK, CALIFORNIA, STANISLAUS COUNTY
APN 043-018-016 THROUGH JUNE 30, 2026.
Ordinance No. 13XX-CS
WHEREAS, pursuant to Section 1.9 of the Development Agreement a “Major Amendment” to the Development Agreement shall be approved by the City Council; and WHEREAS, after the public hearing held on May 1, 2025, the Planning Commission recommended the City Council extend the term of the Development Agreement through June 30, 2026.
WHEREAS, the City Council, based on its independent review and analysis of the Planning Commission’s recommendation, oral and written testimony, and the record as a whole, finds, after due study, deliberation, and public hearing, and based on its independent judgement, that the following circumstances exist:
1. The Project is consistent with the goals, policies, and standards of the City’s General Plan and all other applicable standards and ordinances of the City.
2. In accordance with the Development Agreement Statute, the City Council finds that the amendment to the Development Agreement:
a. Will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor detrimental to the general welfare of the residents of the City as a whole; and
b. Will not adversely affect the orderly development of property or the preservation of property values; and
c. Is consistent with the relevant provisions of Government Code Sections 65864 through 65869.5; and
d. Contains a legal description of the property.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Turlock does hereby determine:
Section 1.This request is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) [Project] of the CEQA guidelines. This is an organizational or administrative activity involving the request for a time extension for the Development Agreement (DA) between the City of Turlock and JDI Farms, Inc. This action will not result in direct or indirect physical changes in the environment.
Section 2.The City Council of the City of Turlock extends the terms of the Development Agreement between the City of Turlock and JDI Farms, Inc. through June 30, 2026.
Section 3.If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
Ordinance No. 13XX-CS
Section 4.Upon passage of this Ordinance, the City Manager is authorized to execute the amendment to the Development Agreement on behalf of the City. Within ten (10) days of the execution, but no earlier than 30 days after passage of this Ordinance, the City Clerk shall cause the amendment to the Development Agreement to be recorded in the Office of the County Recorder as provided for by Government Code section 65868.5. The amendment to the Development Agreement shall not take effect for thirty (30) days following passage and adoption of this Ordinance.
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 on this 27th day of May, 2025
SIGNED:
____________________________
Amy Bublak, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ _____________________________ Nichole Fiez, City Clerk, George A. Petrulakis, City Attorney City of Turlock, County of Stanislaus,
State of California
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TURLOCK AND JDI FARMS
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City of Turlock
156 S Broadway
Turlock, CA 95380
Attention: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee Exempt per Government Code §6103
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF TURLOCK AND JDI FARMS
THIS T H I R D A M E N D M E N T T O DEVELOPMENT AGREEMENT (“Third Amendment”) is made and entered into this ___ day of _________ 2025, by and between the City of Turlock, a California municipal corporation (“City”), and JDI FARMS, INC., a California corporation (“Developer” or “JDI Farms”). City and JDI Farms may be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Third Amendment.
RECITALS
A. The City and JDI Farms entered into that certain Development Agreement dated October 8, 2019, which permitted JDI Farms to operate cultivation, manufacturer, and distribution cannabis businesses in the City of Turlock (“Development Agreement”).
B. The City and JDI Farms entered into that certain First Amendment to Development Agreement dated August 30, 2024 (“First Amendment”).
C. The City and JDI Farms entered into that certain Second Amendment to Development Agreement dated on or about October 8, 2024 (“Second Amendment”).
D. Under Sections 5-21-105(a), 5-21-107(a), and 5-21-108(a) of the Turlock Municipal Code, cultivation, manufacturing and distribution cannabis businesses are allowed in the City with a development agreement and a conditional use permit.
E. Pursuant to the relevant provisions of the Development Agreement, the Parties wish to enter into this Third Amendment.
NOW, THEREFORE, and based upon the representations herein, the Parties do agree as follows:
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TURLOCK AND JDI FARMS
Section 1. Recitals. The above recitals are incorporated by this reference and made a part of this Third Amendment.
Section 2. Effect of Amendment. The sole effect of this Third Amendment is to extend the term of the Agreement through June 30, 2026.
Section 3. Entire Agreement. The Development Agreement, the First Amendment, the Second Amendment together with this Third Amendment, constitute the entire agreement between the Parties.
Section 4. Effective Date of Amendment; Recordation. This Third Amendment shall become effective on the date upon which it is executed by JDI Farms and City, whichever is later (the “Third Amendment Effective Date”). This Third Amendment shall be recorded by the City in the Official Records of the County of Stanislaus within ten (10) days following the Third Amendment Effective Date.
Section 5. Counterparts. This Third Amendment may be executed in several counterparts, each which shall be deemed an original, but which together shall constitute one and the same instrument.
Section 6. Authority. All Parties to this Third Amendment warrant and represent that they have the power and authority to enter into this amendment and the names, titles and capacities herein state on behalf of any entities, persons, states or firms represented or purposed to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into this Third Amendment have been fully complied with. Further, by entering into this Third Amendment, each Party represents that this Third Amendment has not caused any breach of the terms or conditions of any other contract or agreement to which such Party is obligated.
IN WITNESS WHEREOF, this Third Amendment has been entered into by and between JDI Farms and City as of the Effective Date, as defined above. “CITY”
CITY OF TURLOCK, a
California municipal Corporation
By: ________________________
Susan Borrego
Interim City Manager
Dated: _____________________
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TURLOCK AND JDI FARMS
ATTEST:
By: ________________________
Nichole Fiez
City Clerk
APPROVED AS TO FORM:
By: ________________________
George A. Petrulakis
City Attorney
“DEVELOPER”/JDI FARMS”
JDI FARMS, INC., a California
corporation
By: _________________________
Darron Silva
Its: CEO
Dated: ______________________
City Council Staff Report
May 27, 2025
From: Adrienne Werner, Development Services Director
Prepared by: Adrienne Werner, Development Services Director Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Ordinance: Second and final reading of an Ordinance extending by Amendment, the Development Agreement between Perfect Union and the City of Turlock for the operation of a cannabis retail dispensary at 2500 N. Golden State Boulevard, Turlock, CA, County of Stanislaus, Assessor’s Parcel Number 088-007-025 through June 30, 2026
2. DISCUSSION OF ISSUE:
The initial round of approvals for the Development Agreements allowing operation in the City as a cannabis business began to expire in October 2024. As a result, under the City Manager’s authority of the Development Agreement, the City and Perfect Union entered into a First Amendment to the Development Agreement extending the term of the Development Agreement through December 31, 2024.
On September 19, 2024, the Planning Commission recommended the City Council extend the Development Agreement to June 30, 2025 to give staff and the cannabis operators the opportunity to get together to discuss potential amendments to the Development Agreements and Ordinance without interrupting business. The City Council approved the extension of the Development Agreement at their October 8, 2024 meeting.
Staff and the cannabis operators met on February 19, 2025. Points raised during the discussion included fixed monthly fee vs. a percentage-based fee, employee and security personnel work permits, signage, the cost and frequency of annual audits.
The cannabis pilot program has been in place for 5-years. Staff and the cannabis operators recognize there are areas of the ordinance and DAs that need to be revisited and potentially amended. The request to extend the term of the Development Agreements to June 30, 2026 will allow staff and the cannabis operators additional time to meet and work together to potentially amend the DAs and ordinance without an interruption in their businesses.
Perfect Union and the other cannabis operators will be subject to any amendments to the Development Agreements and Ordinance.
Prior to the May 1, 2025 Planning Commission meeting, Perfect Union wrote a letter of support for the time extension and requesting the Planning Commission recommend the City Council approve the time extensions for the Development Agreement. Perfect Union's letter is included as Attachment 3.
3. BASIS OF RECOMMENDATION:
Agenda Staff Report
5/27/2025
1. Development Agreement Section 1.9 requires major amendments to the Development Agreement be approved by the City Council.
2. At the May 1, 2025 Planning Commission meeting the Commission voted 7-0 to recommend the City Council extend the term of the Development Agreement through June 30, 2026.
4. FISCAL IMPACT / BUDGET AMENDMENT:
If City Council does not elect to extend the terms of the Development Agreement with Perfect Union the Development Agreement will terminate. If the agreement is terminated Perfect Union can no longer operate and is no longer obligated to comply with the terms of the agreement including depositing the public benefit amount as specified in the agreement.
5. STAFF RECOMMENDATION:
Recommend approval.
6. CITY MANAGER COMMENTS:
Recommend approval.
7. ENVIRONMENTAL DETERMINATION:
This request is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) [Project] of the CEQA guidelines. This is an organizational or administrative activity involving the request for a time extension for the Development Agreement (DA) between the City of Turlock and Perfect Union. This action will not result in direct or indirect physical changes in the environment.
8. ALTERNATIVES:
1. City Council could choose not extend the term of the Development Agreement with Perfect Union. If the City Council does not choose to extend the term of the Development Agreement, the Development Agreement will terminate and will eliminate any further obligation by Perfect Union.
9. ATTACHMENTS:
1. Perfect Union DA Extension Ordinance
2. DA Amendment Third Perfect Union CLEAN 2025_04
3. Perfect Union comment letter
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
WHEREAS, on June 11, 2019, the City Council of the City of Turlock (the “City Council”) adopted Ordinance No. 1255-CS to enact cannabis regulations for cannabis businesses pursuant to AUMA and MAUCRSA, by amending the City’s cannabis business regulations and establishing a Cannabis Business Pilot Program (the “Pilot Program”); and
WHEREAS, on June 11, 2019, the City adopted Ordinance No. 1255-CS amending the City’s cannabis business regulations and establishing a Cannabis Business Pilot Program (the “Pilot Program”) to regulate the operation of commercial cannabis businesses within the City; and
WHEREAS, the City and Perfect Union entered into a Development Agreement dated September 15, 2020, which permitted Perfect Union to operate a cannabis dispensary at 2500 N. Golden State Boulevard, Turlock, California, County of Stanislaus Assessor’s Parcel Number 088-007-025; and
WHEREAS, on September 24, 2019 the City adopted Ordinance No. 1263-CS approving a Development Agreement by and between the City and Perfect Union to operate a storefront retail dispensary as defined in Turlock Municipal Code Section 5.21 in strict accordance with applicable state and local law, at 2500 N. Golden State Boulevard, Turlock, California, County of Stanislaus Assessor’s Parcel Number 088-007-025 (the “Project”), consistent with the General Plan, as amended; and
WHEREAS, on August 30, 2024 the City and Perfect Union entered into that certain First Amendment to extend the term of the Development Agreement dated September 15, 2020 through December 31, 2024; and
WHEREAS, on October 8, 2024 the City and Perfect Union entered into that certain Second Amendment to extend the term of the Development Agreement dated September 15, 2020 through June 30, 2025; and
WHEREAS, under Section 5-21-103 of the Turlock Municipal Code, any cannabis dispensary business allowed in the City shall obtain a development agreement, a City business license, and conditional use permit; and
}
}
}
}
}
}
}
}
ORDINANCE NO. 13XX-CSIN THE MATTER OF EXTENDING BY AMENDMENT,
THE DEVELOPMENT AGREEMENT BETWEEN
PERFECT UNION AND THE CITY OF TURLOCK
FOR THE OPERATION OF A CANNABIS RETAIL
DISPENSARY AT 2500 N. GOLDEN STATE
BOULEVARD, TURLOCK, CALIFORNIA,
STANISLAUS COUNTY APN 088-007-025
THROUGH JUNE 30, 2026.
Ordinance No. 13XX-CS
WHEREAS, pursuant to Section 1.9 of the Development Agreement a “Major Amendment” to the Development Agreement shall be approved by the City Council; and WHEREAS, after the public hearing held on May 1, 2025, the Planning Commission recommended the City Council extend the term of the Development Agreement through June 30, 2026.
WHEREAS, the City Council, based on its independent review and analysis of the Planning Commission’s recommendation, oral and written testimony, and the record as a whole, finds, after due study, deliberation, and public hearing, and based on its independent judgement, that the following circumstances exist:
1. The Project is consistent with the goals, policies, and standards of the City’s General Plan and all other applicable standards and ordinances of the City.
2. In accordance with the Development Agreement Statute, the City Council finds that the amendment to the Development Agreement:
a. Will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor detrimental to the general welfare of the residents of the City as a whole; and
b. Will not adversely affect the orderly development of property or the preservation of property values; and
c. Is consistent with the relevant provisions of Government Code Sections 65864 through 65869.5; and
d. Contains a legal description of the property.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Turlock does hereby determine:
Section 1.This request is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) [Project] of the CEQA guidelines. This is an organizational or administrative activity involving the request for a time extension for the Development Agreement (DA) between the City of Turlock and Perfect Union. This action will not result in direct or indirect physical changes in the environment.
Section 2.The City Council of the City of Turlock extends the terms of the Development Agreement between the City of Turlock and Perfect Union through June 30, 2026.
Section 3.If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
Ordinance No. 13XX-CS
Section 4.Upon passage of this Ordinance, the City Manager is authorized to execute the amendment to the Development Agreement on behalf of the City. Within ten (10) days of the execution, but no earlier than 30 days after passage of this Ordinance, the City Clerk shall cause the amendment to the Development Agreement to be recorded in the Office of the County Recorder as provided for by Government Code section 65868.5. The amendment to the Development Agreement shall not take effect for thirty (30) days following passage and adoption of this Ordinance.
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: APPROVED AS TO FORM:
___________________________ _____________________________ Nichole Fiez, City Clerk, George A. Petrulakis, City Attorney City of Turlock, County of Stanislaus,
State of California
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TURLOCK AND PERFECT UNION
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City of Turlock
156 S Broadway
Turlock, CA 95380
Attention: City Clerk
Recording Fee Exempt per Government Code §6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF TURLOCK AND PERFECT UNION
THIS T H I R D A M E N D M E N T T O DEVELOPMENT AGREEMENT (“Third Amendment”) is made and entered into this ___ day of _________ 2025, by and between the City of Turlock, a California municipal corporation (“City”), and Perfect Union Turlock LLC, a California limited liability company (“Developer” or “Perfect Union”). City and Perfect Union may be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Third Amendment.
RECITALS
A. The City and Perfect Union entered into that certain Development Agreement dated September 15, 2020, which permitted Perfect Union to operate a cannabis dispensary in the City of Turlock (“Development Agreement”).
B. The City and Perfect Union entered into that First Amendment to Development Agreement dated August 30, 2024 (“First Amendment”).
C. The City and Perfect Union entered into that Second Amendment to Development Agreement dated on or about October 8, 2024 (“Second Amendment”).
D. Under Section 5-21-103 of the Turlock Municipal Code, any cannabis dispensary business allowed in the City shall obtain a development agreement, a City business license, and a conditional use permit.
E. Pursuant to the relevant provisions of the Development Agreement, the Parties wish to enter into this Third Agreement.
NOW, THEREFORE, and based upon the representations herein, the Parties do agree as follows:
Section 1. Recitals. The above recitals are incorporated by this reference and made a part of this Third Amendment.
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TURLOCK AND PERFECT UNION
Section 2. Effect of Amendment. The sole effect of this Third Amendment is to extend the term of the Agreement through June 30, 2026.
Section 3. Entire Agreement. The Development Agreement, the First Amendment, the Second Amendment together with this Third Amendment, constitute the entire agreement between the Parties.
Section 4. Effective Date of Amendment; Recordation. This Third Amendment shall become effective on the date upon which it is executed by Perfect Union and City, whichever is later (the “Third Amendment Effective Date”). This Third Amendment shall be recorded by the City in the Official Records of the County of Stanislaus within ten (10) days following the Third Amendment Effective Date.
Section 5. Counterparts. This Third Amendment may be executed in several counterparts, each which shall be deemed an original, but which together shall constitute one and the same instrument.
Section 6. Authority. All Parties to this Third Amendment warrant and represent that they have the power and authority to enter into this amendment and the names, titles and capacities herein state on behalf of any entities, persons, states or firms represented or purposed to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into this Third Amendment have been fully complied with. Further, by entering into this Third Amendment, each Party represents that this Third Amendment has not caused any breach of the terms or conditions of any other contract or agreement to which such Party is obligated.
IN WITNESS WHEREOF, this Third Amendment has been entered into by and between Perfect Union and City as of the Effective Date, as defined above. “CITY”
CITY OF TURLOCK, a
California municipal Corporation
By: ________________________
Susan Borrego
Interim City Manager
Dated: _____________________
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TURLOCK AND PERFECT UNION
ATTEST:
By: ________________________
Nichole Fiez
City Clerk
APPROVED AS TO FORM:
By: ________________________
George A. Petrulakis
City Attorney
“DEVELOPER”/”PERFECT UNION”
PERFECT UNION TURLOCK LLC., a
California limited liability company
By: _________________________
Thomas Sheridan
Its: CEO
Dated: ______________________
City Council Staff Report
May 27, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Carlos Guerrero, Utilities Division Manager Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Adopting the Water Master Plan prepared by Carollo Engineers, Inc., and determining that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA guidelines
2. DISCUSSION OF ISSUE:
The City of Turlock has undertaken the development of a comprehensive Water Master Plan (WMP) to address the current and future water supply, distribution, and infrastructure needs.
The WMP includes strategic planning for water sources, system upgrades, system optimization, and sustainability to meet the city’s needs over the next five years. The plan also aims to align with local, regional, and state-level regulations regarding water conservation and usage. Prepared by Carollo Engineers, Inc. (Carollo) the WMP provides a strategic framework for managing water resources efficiently while ensuring reliability, sustainability, and regulatory compliance.
The last Water Master Plan was amended in 2016, and since that time, changes in water demand, system performance, and regulatory requirements have necessitated an updated analysis. The WMP evaluates current water supply conditions, projects future demand, and recommends infrastructure improvements, operational enhancements, and conservation strategies.
Key elements of the Water Master Plan include:
A. Water Supply Assessment: Evaluates existing groundwater and surface water supplies and explores potential diversification strategies.
B. Demand Forecasting: Projections of water demand based on population growth, economic development, and agricultural needs.
C. Infrastructure Condition Assessment: Review of the existing water distribution system, including pipelines, pumping stations, and reservoirs, to identify areas requiring upgrades or replacements.
D. Conservation Strategies: Development of sustainable water usage and conservation measures to ensure long-term resource availability.
E. Regulatory Compliance: Ensuring that the plan complies with California state regulations and other relevant environmental standards.
Approval of the WMP will provide the City with a data-driven planning tool to guide future investments in water infrastructure. While approval does not commit the City to specific
Agenda Staff Report
5/27/2025
projects or funding at this time, it establishes a roadmap for prioritizing necessary improvements.
3. BASIS OF RECOMMENDATION:
A. Comprehensive System Analysis: The WMP provides a detailed assessment of the City’s water infrastructure, identifying areas requiring upgrades or expansion.
B. Regulatory Compliance: The plan ensures that the City remains compliant with state and federal water regulations.
C. Long-Term Sustainability: The WMP promotes water conservation and the diversification of water sources to enhance system resilience.
D. Informed Decision-Making: Adopting the WMP will support strategic planning efforts and help prioritize capital investments.
E. Financial Planning: The WMP helps the City plan for future funding opportunities, including state and federal grants.
F. Operational Efficiency: Recommended system optimizations will improve water distribution efficiency and reduce losses.
4. FISCAL IMPACT / BUDGET AMENDMENT:
There is no immediate fiscal impact associated with approving the Water Master Plan. The WMP serves as a guiding document and does not allocate funds or commit the City to specific projects. Any future expenditures related to plan implementation will be considered as part of the City’s Capital Improvement Program (CIP) and may be funded through a combination of grants, bonds, and water rate revenues. Specific funding proposals will be brought before the Council in future budget cycles.
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 15262 of the CEQA Guidelines, which exempts:
“A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors. This section does not apply to the adoption of a plan that will have a legally binding effect on later activities.” (CEQA Guidelines, § 15262)
8. ALTERNATIVES:
A. Request modifications to the Water Master Plan. The Council may direct staff to revise certain aspects of the plan and return with an amended version for consideration.
Agenda Staff Report
5/27/2025
B. Decline to approve the Water Master Plan. This would result in continued reliance on the previous Water Master Plan, which may not reflect current infrastructure needs, regulatory requirements, and future demand projections.
C. Provide staff direction on how to proceed.
9. ATTACHMENTS:
1. Draft Resolution
2. Exhibit A to Draft Resolution
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-
WHEREAS, the City of Turlock has undertaken the development of a comprehensive Water Master Plan (WMP) to address current and future water supply, distribution, and infrastructure needs; and
WHEREAS, the WMP includes strategic planning for water sources, system upgrades, system optimization, and sustainability to meet the City’s needs over the next five years, while ensuring compliance with local, regional, and state-level regulations regarding water conservation and usage; and
WHEREAS, the last Water Master Plan was amended in 2016, and subsequent changes in water demand, system performance, and regulatory requirements have necessitated an updated analysis; and
WHEREAS, the WMP provides a strategic framework for managing water resources efficiently while ensuring reliability, sustainability, and regulatory compliance, and
WHEREAS, the key elements of the WMP include a Water Supply Assessment, Demand Forecasting, Infrastructure Condition Assessment, Conservation Strategies, and Regulatory Compliance to guide the City’s decision-making process, and WHEREAS, approval of the WMP will provide the City with a data-driven planning tool to prioritize necessary improvements without committing to specific projects or funding allocations at this time, and
WHEREAS, there is no immediate fiscal impact associated with the adoption of the WMP, as future expenditures related to implementation will be considered as part of the City’s Capital Improvement Program (CIP) and may be funded through a combination of grants, bonds, and water rate revenues; and
WHEREAS, the City Council has reviewed the staff report and the recommendations presented and finds that adopting the WMP aligns with the City’s long- term water resource management and sustainability goals. }
}
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}
IN THE MATTER OF ADOPTING THE
WATER MASTER PLAN PREPARED BY
CAROLLO ENGINEERS, INC., AND
DETERMINING THAT THE ACTION IS
EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO SECTION 15262 OF THE
CEQA GUIDELINES
Resolution No. 2025-
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Turlock as follows:
1. The City Council hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
2. The Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines. The Resolution is exempt under CEQA Guidelines Section 15262 because it is “A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors. This section does not apply to the adoption of a plan that will have a legally binding effect on later activities.”
3. The Water Master Plan prepared by Carollo Engineers, Inc., attached hereto as Exhibit A to this Resolution, is hereby adopted as the guiding document for the City’s water infrastructure planning and development.
4. The adoption of the WMP does not commit the City to specific projects or funding at this time but serves as a strategic roadmap for prioritizing future improvements.
5. City staff is directed to utilize the WMP in future decision-making and funding applications to ensure alignment with the City’s water resource goals and regulatory requirements.
6. Any future capital investments or projects resulting from the WMP will be presented to the City Council for approval and funding allocation as needed.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 27th 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
City Council Staff Report
May 27, 2025
From: Isaac Moreno, Finance Director
Prepared by: Isaac Moreno, Finance Director
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Approving an agreement with ClearSource Financial Services to complete a Citywide Comprehensive User Fee Study and Cost Allocation Plan to be funded by Fund 110 "General Fund" account number 110-10-106.43060_000 "Contract Services General"
2. DISCUSSION OF ISSUE:
The Finance Department issued a Request for Proposal (RFP) No. 2024-017 to prepare a Citywide Comprehensive User Fee Study and Cost Allocation Plan. This type of project is focused on “the costs to serve” as the essential justification for fees and other specific forms of cost recovery in California to be enacted through action by the local governing body. The last time a citywide comprehensive study was completed was in October of 1990 by Management Services Institute (MSI). Over the years, annual updates to Citywide fees have been reviewed and implemented by departments, however, a full citywide study has not been performed. From the RFP process, the Finance Department has selected ClearSource Financial Services to complete the user fee study.
This project consists of two scopes of work, a Cost Allocation Plan and a Comprehensive User Fee Study. These two scopes of work are as follows:
• Cost Allocation Plan - This plan is developed by reviewing our financial information and creating an allocation methodology to determine an indirect cost factor. An indirect cost factor is a method of spreading costs that are not directly shown in a department such as Human Relations, Payroll, and Accounting. • Comprehensive User Fee Study - This study will develop the framework of the financial cost for each user fee or service that the city provides. In addition, it will review our fees for state and federal compliance.
The practice of completing this study is not to focus on increasing user fees and service revenue, but to ensure that the cost of providing services is recovered, where possible. Once this report is complete, staff will bring it forward for the Council's approval and adoption.
3. BASIS OF RECOMMENDATION:
City user fee studies are typically updated every 3–5 years to reflect changes in service costs, inflation, and other relevant factors. Since the last citywide user fee study was conducted in 1990, the Finance Department is requesting to complete this study to ensure compliance and accuracy of fees.
Agenda Staff Report
5/27/2025
4. FISCAL IMPACT / BUDGET AMENDMENT:
The total cost to complete this study is $49,920.00 to be funded by Fund 110 "General Fund" account number 110-10-106.43060_000 "Contract Services General". Appropriate funding has been allocated within the Fiscal Year 2024-2025 budget process and will be requested in Fiscal Year 2025-2026 to complete the project.
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 project.
8. ALTERNATIVES:
1. Council could reject the execution of this agreement and continue using current adopted fees. This is not recommended given the length of time the last citywide user fee study was performed.
9. ATTACHMENTS:
1. ClearSource Financial Services Draft Resolution
2. ClearSource Financial Services PSA May 2025
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
WHEREAS, the Finance Department issued a Request for Proposal (RFP) No. 2024- 017 to prepare a Citywide Comprehensive User Fee Study and Cost Allocation Plan; and WHEREAS, this type of proposal is focused on “the costs to serve” as the essential justification for fees and other specific forms of cost recovery in California to be enacted through action by the local governing body; and
WHEREAS, the last time a citywide comprehensive study was performed was in October of 1990. Over the years, annual updates to Citywide fees have been reviewed and implemented by departments, however, a full citywide study has not been performed; and WHEREAS,from the RFP process, the Finance Department has selected ClearSource Financial Services to complete the user fee study. This project consists of two scopes of work: A Cost Allocation Plan and a Comprehensive User Fee Study.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve an agreement with ClearSource Financial Services to complete a Citywide Comprehensive User Fee Study and Cost Allocation Plan to be funded by Fund 110 "General Fund" account number 110-10-106.43060_000 "Contract Services General" PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 27th 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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RESOLUTION NO. 2025-XXXIN THE MATTER OF APPROVING AN
AGREEMENT WITH CLEARSOURCE
FINANCIAL SERVICES TO COMPLETE A
CITYWIDE COMPREHENSIVE USER FEE
STUDY AND COST ALLOCATION PLAN
TO BE FUNDED BY FUND 110
“GENERAL FUND” ACCOUNT NUMBER
110-10-106.43060_000 “CONTRACT
SERVICES GENERAL”
___________________________________
CITY CONTRACT NO. 2025-191 1
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04/09/2025
AGREEMENT BETWEEN THE CITY OF TURLOCK
and
CLEARSOURCE FINANCIAL CONSULTING
for
COMPREHENSIVE USER FEE STUDY AND COST ALLOCATION PLAN
PROFESSIONAL SERVICES
City No. 2025-191
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal c orporation (“City”), and CLEARSOURCE FINANCIAL CONSULTING , a California Corporation (“Professional”), on this 27th day of May, 2025 (the “ Effective Date ”). City and Professional may be collectively referred to herein as the “ Parties” or individually as “ Party.” There are no other parties to this Agreement.
RECITALS
A. City seeks to hire an independent contractor to perform professional services to assist City with the comprehensive user fee study and cost allocation plan professional services (the “Project”).
B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services in Exhibit A attached hereto and incorporated herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
C. The Parties have outlined the schedule or timeline for providing the Services (“Completion Schedule ”), which shall be included in the Scope of Services in Exhibit A .
D. The Parties have outlined the rates and method of payment to Professiona l for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in the Scope of Services in Exhibit A.
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NOW, THEREFORE, in consideration of the promises and covenants set forth below , the Parties agree as follows:
AGREEMENT
1. 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 s 1 through 53 of this Agreement, Sections 1 through 53 shall prevail.
2. Term. The term of this Agreement shall be 1 year and will commence on the Effective Date and terminate on the 26th day of May, 2026 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.
3. Extension of Agreement. City may elect to extend this Agreement for one (1) additional one year ( 1) term, on the same terms and conditions, upon issuing an “Election to Extend Agreement” letter executed by the City Manager and Professional thirty (30) days prior to the expiration of this Agreement.
4. Effective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement (the “Effective Date”).
5. Work.
5.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “ Modifications”). Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by b oth Parties.
5.2. City Requested Modification of Services . City may, by written order, authorize Modifications to the Services described in Exhibit A. If such Modifications cause an increase in the cost or time required for performance of Professional’s S ervices, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
5.3. Professional Requested Modification in Services . Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to th e commencement of the Services:
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(a) Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
(1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Professional’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; (3) set forth the Professional’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Professional’s proposed revisions, if any, to the Compensation Schedule; and
(b) City agrees that the work requires a Modification;
(c) City approves all adjustments, if any, to the Completion Schedule and Compensation Schedule; and
(d) The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the Completion Schedule and Compensation Schedule for Professional’s work.
6. Compensation.
6.1. Amount, Time and Manner of Payment for Professional Services . City shall pay Professional according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Professional will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San Francisco- Oakland Consumer Price Index for all urban consumers or percentage increases in Professional’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable. City’s total compensation to Professional shall not exceed Forty- Nine Thousand and Nine Hundred Twenty and No/100ths Dollars ($49,920.00) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
6.2. Deposit. [Intentionally Omitted]
6.3. Subsequent Payments. City shall make monthly payments in the amount invoiced by Professional within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.
6.4. Invoices. Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City. The payments specified shall be the only payments made to Professional for performance of the Services , including compensation for any Modification. Professional shall submit all billings for Services to City within forty-five (45) days of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.
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7. Notice to Proceed. Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”), with which City shall also deliver the Deposit.
8. Time of Performance . Professional warrants that it will commence performance of the Services within Fifteen (15) calendar days of the date the agreement was executed and shall conform to the Completion Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
9. City Assistance to Professional. [Intentionally Omitted]
10. Time and Personnel Devoted to Services . Professional shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with the Completion Schedule, Compensation Schedule, and this Agreement.
11. Performance by Qualified Personnel; No Subcontracting . Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Professional. Professional will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.
12. Representations of Professional . City relies upon the following representations by Professional in entering into this Agreement:
12.1. Qualifications. Professional represents that it is qu alified to perform the Services provided in Exhibit A and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Professional shall also ensure that all subcontractors are similarly licensed and qualified.
Professional and all subcontractors shall also obtain a business license from City before they commence performance of the Services. Professional represents and warrants to City that Professional shall, at Professional's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Professional to practice Professional's profession at the time the Services are rendered.
12.2. Professional Performance . Professional represents that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on sim ilar, successfully completed projects by specialists in the Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by Professional shall be completed using the best
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practices available for the profession. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.
12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re -perform or replace unsatisfactory Service, including , but not limited to , cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest. Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
13. Conformity with Law and Safety . Professional shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, 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 Americans 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 inst ructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations.
Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereu nder 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 this Agreement, Professional shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of Professional's subcontractor, if any; (c) name and address of Professional's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
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14. Contact by Professional with Project Owner or Project Applicant . Unless otherwise set forth in the Services, neither Pr ofessional nor Professional's subcontractors shall directly contact the owner of the property involved in the Project or any party who is the applicant for the Project (“Interested Party”), or an employee or contractor of an Interested Party, on any matter relating to the Project without the prior consent of the Contract Administrator. In no event shall Professional take any instructions or directions from an Interested Party on any matter pertaining to the Professional's Services to be performed for City under this Agreement.
15. Confidentiality. Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional may have access to private or confidential information that may be owned or c ontrolled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project and, in such event, Professional agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
Notwithstanding the foregoing, Professional may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Professional shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City’s Confidential Information not be disclosed. This exception is limited to the extent di sclosure is required under law.
16. Excusable Delays; Notice to Other Party of Delay. Professional shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “ Force Majeure ” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Professional.
17. Assignment Prohibited. No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or pur ported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
18. Suspension of Services by City. City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice,
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suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Serv ices are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Pr ofessional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City Manager , is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.
If the Parties are unable to agree upon the amount of extra compensation which is due to Professional within thirty (30) d ays of Professional resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Professional for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. Such arbitration shall be commenced by the Professional no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.
19. Ownership of Work Product . Any and all work, artwork, copy, posters, 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 Professional or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Professional or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of i ts experience and capabilities.
All Products shall become the property of City irrespective of where located or stored , and Professional agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Professional's Services hereunder. Professional shall have no ownership interest in such Products.
All work product of Professional under this Agreement, 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 specified in Exhibit A.
When this Agreement is terminated, Professional agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received
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from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
20. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional.
In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Professional shall deliver copies of all Products prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Professional or before Professional commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Professional. If City terminates this Agreement after City has issued the Notice to Proceed to Professional and after Professional has commenced performance under this Agreement, City shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Professional prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement.
(c) Except as provided in this Agreement, in no event shall City be liable for co sts incurred by or on behalf of Professional after the date of the notice of termination.
21. Assurance of Performance . If, at any time, City believes Professional may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Professional for written assurances of performance and a plan to correct observed deficiencies in Professional's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
22. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to su bstantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
Neither Party waives the right to recover damages against the other for breach of thi s Agreement, including any amount necessary to compensate City for all detriment proximately
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caused by Professional'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 Professional.
City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.
23. Non-Discrimination. In its performance of the Services, Professional shall adhere to City’s EEO Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion , and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub -contractors will include langu age as required by the Office of Federal Contract Compliance Programs (OFCCP) that requires sub -contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.
24. Arbitration of Disputes. All claims, disputes, and other matters in question between City and Professional arising out of or relating to this Agreement or the breach thereof, including claims of Professional for extra compensation for Services related to the Project , shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “ Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Professional, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the c laim, 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 limitation.
The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
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If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration , 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.
(b) All parties to the arbitration shall be entitled to the discovery procedures as provided in 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.
25. Insurance Coverage. During the Term, the Professional, at its own cost and expense, shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance. Professional shall maintain coverage as follows:
25.1. Commercial General Liability . Professional shall carry commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in the amount of no less than Two Million Dollars ($2,000,000.00) per occurrence , Four Million Dollars ($ 4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations for bodily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate shall be Four Million Dollars ($4,000,000.00).
25.2. Workers’ Compensation Insurance and Employer's Li ability. Professional shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Professional shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollars ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollar s ($1,000,000.00) limit for each employee’s bodily injury by disease.
25.3. Professional Liability. Professional shall carry professional liability insurance that insures against professional errors and omissions that may be made in performing professional
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services in the amount of no less than Two Million Dollars ($2,000,000.00) per claim and in the aggregate or greater if appropriate for the Professional's profession. Any deductibles or self - insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“ City’s Agents ”); or the Professional shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations , claims administration and defense expenses.
25.4. Commercial Automobile Liability . Professional shall carry commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01 (or equivalent) in the amount of no less than Two Million Dollars ($2,000,000.00) or greater per accident for owned, leased, hired, and non-owned, borrowed automobiles.
25.5. Umbrella or Excess Policy. Professional 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 insura nce coverage or policies maintained by the City (“Additional Insured”), whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Professional’s primary and excess liability policies are exhausted.
25.6. 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, automobile 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. Cont ractor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.
26. Additional Insurance Require ments. Within five (5) days of the Effective Date, Professional shall provide City with certificates of insurance and amendatory endorsements for all of the policies required under this Agreement (“Certificates and Endorsements”). Such Certificates and Endorsements shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies . With the exception of the workers ’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional and shall be endorsed to state such ; (c) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or
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borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (d) allow and be endorsed primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self -insurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; ( e) contain standard separation of insured provisions; and (f) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.
27. Indemnification by Professional . To the fullest extent permitted by law , Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to , or relate to acts or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representative or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless , and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, reckless or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
28. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
29. Independent Contractor. At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement. Professional 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 c reating an employment, agency or partnership relationship between City and Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not ha ve the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.
30. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
31. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.
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32. 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: Isaac Moreno, Finance Director
156 S. Broadway, Suite 110
Turlock, California 95380
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
If to Professional: ClearSource Financial Services
Attn: Terry Madsen
7960 B Soquel Drive, Suite 363
Aptos, CA. 95003
33. City Contract Administrator . City’s contract administrator and contact person for this Agreement is:
Michael Lenhardt
Principal Accountant
156 S. Broadway, Suite 110
Turlock, California 95380
Telephone: (209) 668-5570
E-mail: [email protected]
34. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
35. Use of City Project Number. [Intentionally Omitted]
36. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.
37. Waiver. No covenant, term, or condition or the breach 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.
38. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part , to any individual, firm, or corporation without the prior written
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consent of the other Party. Subject to the forgoing provisions, this Agr eement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
39. Authority. All Parties to this Agreement warrant and 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, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement 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.
40. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.
41. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
42. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
43. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any p rovision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
44. Execution and Counterparts. This Agreement 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 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 f ormat, 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.
45. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.
46. Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof
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and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written.
47. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
48. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
49. Successors and Assigns . All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or fo r the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
50. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
51. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement , including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
52. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
53. Time is of the Essence . Time is of the essence in this Agreement for each covenant and term of a condition herein.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.
PROFESSIONAL
ClearSource Financial Services, a
California Corporation
By:
Print Name:
Title:
Date
CITY OF TURLOCK, a California
municipal corporation
By:
Susan E. Borrego, Interim City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Isaac Moreno, Finance Director
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
Terry Madsen
President
04/23/2025
TURLOCK – USER FEE STUDY & COST ALLOCATION CLEARSOURCE PROPOSAL | B-1
SECTION B
METHODOLOGY
The City of Turlock is engaging a consultant to
provide a Comprehensive User Fee Study and Cost
Allocation Plan. This type of project is focused on
the ethic of “the costs to serve” as the essential
justification for fees and other specific forms of cost recovery in California to be enacted through action
by the local governing body. Broadly speaking, the
cost of service-based fee study answers:
What are the costs of indirect services
supporting direct service provision to the
community which may be reasonably recovered
across various available mechanisms, including
fees and other charges/direct billing? (This is the
chief purpose of the Cost Allocation Plan
element of services.)
What are the full costs – direct and indirect – of
outward-facing services provided to the
community, which currently have or may be
eligible for a user or regulatory fee? (This begins
the series of steps within the Comprehensive
Fee Study element.)
What are the cost recovery targets or policies of
the agency as to the amounts that should be
paid for those who request or cause these
services under review?
What structure of fee ensures a reasonable
relationship between a fee amount paid and the
underlying costs to serve?
What is the impact to the source funds of
changes to user/regulatory fees?
From our experience with other similarly situated
agencies seeking these services, we believe the City
expects its consultant to deliver a comprehensive
review of the City’s cost recovery structure with the
goal of establishing a consistent and objectively
based fee and rate structure meeting the needs of
the City and residents. The resulting fee and rate
system must comply with all applicable laws and
regulations and be compatible with the City’s
financial system and other systems, such as permit-
tracking and online fee portals.
The City last completed a formal, comprehensive
study of this nature at least 20 years. In the time
since fees and other forms of cost recovery were last
linked to such analyses at the City, not only will
underlying cost drivers have changed, but the way in
which service is provided will have changed: by
revised practices, technology availability, the
regulatory environment, and customer expectations,
to name only a few. Furthermore, the fiscal realities of the City will have shifted, undoubtedly to a position
where many services will be expected to fully
recover costs to avoid subsidy by typically
constrained general resources needed for uses of
broader public benefit. While the City has
endeavored to maintain fees as evidenced by
examining the current schedules, these underlying
contributors to cost of service and cost recovery will
be material to the overall effectiveness of the current fee structure, both in terms of service categories and
fee and financial impacts.
ClearSource
expects that the fee-related services under review in
this study will focus on direct services eligible for
user fee methodology, as well as identification during
this study of any relevant additions for services
performed without a fee or for under-quantified or
ineffectively structured fees. Within the participating departments, this can encompass activities that
generally may include:
Regulatory activities, such as review, approval,
and inspection of land development,
construction/building, and improvements to
infrastructure, and other areas of code review,
compliance, and enforcement
Permitting, such as special events and use of
public facilities, infrastructure, and services
Facility rentals and use of public spaces
Program participation
TURLOCK – USER FEE STUDY & COST ALLOCATION CLEARSOURCE PROPOSAL | B-2
SECTION B
METHODOLOGY
Operations and services of individual
benefit/request or in response to individual
action
Licensing, billing, records management, and
administrative service
Hourly rates for direct-billing City staff time
(Revenue streams excluded from this study due to differing authority, implementation and analytical methods, and approval procedures are: utility rates and other property-related fees subject to Proposition 218 proceedings, assessments,
development impact fees, in-lieu fees, fees intended and codified more as “taxes,” punitive fines/penalties, and general taxes.) The Comprehensive User Fee Study is expected to
cover departments across the entire City
organization without exclusion, studying every user
fee (or potential fee-based service) eligible for this
analytical method and implementation process.
While cost recovery for the
above listed direct services are the focus of the
Comprehensive Fee Study, the Cost Allocation Plan
focuses on cost recovery for the “indirect” services of the agency. Indirect services represent City budget
units commonly found in (but not necessarily
exclusive to) the General Fund that might include, as
allowed:
Legislative and general governmental activities
Organization-wide management and
administration
Central services outside of internal service funds
Allocation of these services yields cost recovery
mechanisms such as administrative charges or
interfund transfers on eligible non-General funds,
indirect cost rates applicable to direct billing, and a layer of cost recovery in the Comprehensive User
Fee Study.
The following fundamental components are
embedded in the ClearSource approach to a cost
allocation and user fee study for California
municipalities:
Adherence to the state’s legal boundaries:
Article XIIIC of the California Constitution,
Proposition 218, and Proposition 26, which direct
fees be set according to the estimated
reasonable cost of service and bear a fair and
reasonable relationship to the payer’s burdens
on or benefits received from agency service.
Development of a dynamic indirect cost
allocation model, capable of iterations based on
cost recovery venue: either a “full cost plan” .for
application in locally-controlled revenues
versus a more constrained “federal” plan (OMB
2 CFR Part 200).
Development of a functionally layered “full cost
of service” to represent the maximum limit for
fees and cost recovery, inclusive of direct and
indirect costs of service from participating
agency divisions and centralized services.
Valuation of agency time in providing direct
services, serving as the basis for fee structures
or for direct billing.
Development of cost recovery policy and
practices, which optimize the agency’s array of
funding sources considering public and private
benefits, market sensitivity, compliance and
behavior modification, and fiscal constraints.
Remodeling of fee structures where cost profiles,
agency operations, or predetermined objectives
necessitate change for improved recovery or
more efficient or accurate collections.
Full support and flexibility to complete the
administrative record and pursue successful
adoption/implementation of fee proposals.
Identification of interfund charges for service
important to budget development and indirect
cost rates useful in ongoing program/project cost
accounting.
Reflection of local values, including internal
perspectives and practices and existing
legislative policy or common direction.
Adherence to committed schedule as a critical
factor in supporting City priorities and fostering
broad satisfaction with the project.
No limit on number and format of events
needed to bring the project within this identified
Scope of Services to successful completion.
Delivery of tools designed to be used actively
and essential to the City’s ongoing successful
TURLOCK – USER FEE STUDY & COST ALLOCATION CLEARSOURCE PROPOSAL | B-3
SECTION B
METHODOLOGY
update and maintenance of user fee and indirect
cost outcomes.
Many communities specifically ask to understand the
validation process for ensuring information is
accurate. In user/regulatory fees, for which the
phrase “estimated reasonable” is expected in their
cost of service justification, three fundamental
principles apply:
Costs are linked to adopted budgets or actual
financial reporting. These are the costs of
Turlock. Respected policy is made intrinsically
through these reports.
Any critical data that must be developed, such as
staff time estimates, is processed against activity
volumes to compare to actual organizational
capacity. Anything based on an estimate that
drives an outcome not in line with actual
capability will be readily apparent and flagged by
ClearSource for reconsideration.
While the industry does not inform fee outcomes
at Turlock, the industry helps us identify outliers
for explanation, investigation, or reconsideration.
ClearSource presents the following work plan to complete the scope of services envisioned by the City of Turlock for the Cost Allocation Plan.
ClearSource will generate common understanding of objectives, known issues to be addressed by study end, participant roles, expected procedural requirements, schedule and pre-established dates, and data collection and development measures. We will assess prevailing cost allocation models, methods, and applications, including annual procedures, internal opinions, impacts, and workload balance contrasted with the requirements of the City’s varying uses for overhead reimbursement. We will review readily available budgetary documents to gain a working knowledge of City structure and accounting practices. We will determine a plan for generating current indirect cost allocations for the host of uses identified by the City. This will likely include development of a new Excel-based model in alignment with current needs but may include modification of existing tools if City personnel prefer to sustain existing tools.
Meeting with City project management team; meeting with any applicable stakeholders
ClearSource will develop the necessary foundation for quantitative analysis, with focus on necessary data and documentation of assumptions as required by the application of plan outcomes (e.g., 2 CFR 200) We will access organizational and line-item detail to support costs, allocation factors, workload metrics, and accounting structure in the cost allocation model. We will acquire and parse statistics useful as bases for distributing costs and, where necessary, develop and document alternate data sets. We will conduct targeted engagement with representatives from support services departments to influence data accessibility and relevance in the plan, such as labor time, work order records, inventories, and other volumetric or organizational tools.
Meetings, as needed, with City support services personnel
TURLOCK – USER FEE STUDY & COST ALLOCATION CLEARSOURCE PROPOSAL | B-4
SECTION B
METHODOLOGY
ClearSource will generate the quantitative model in Microsoft Excel to allocate indirect costs Citywide. The model will be built to accommodate change in the organization: the ability to add or remove direct and indirect costs and to adapt to a range of activities, from simple to complex.
The model is expected to identify: Citywide fund and accounting structure and fiscal year data for allocation outcomes, allocable indirect service centers, allocation bases and related distribution factors for indirect service centers, direct service centers, primary and secondary allocations, resulting annual cost allocations, resulting Citywide and departmental indirect cost rates, and resulting interfund transfers. The model will provide for future in-house or consultant updates by accommodating any “true-up” adjustment, utilizing annual inflators, or revising underlying assumptions for fiscal year basis and/or allocation metrics. ClearSource will generate a comparison of outcomes under the updated Cost Allocation Plan to prior year outcomes, including explanation for substantive differences.
Editable Microsoft Excel spreadsheet-based model
ClearSource will provide the formal documentation of the Cost Allocation Plan, as well as deliver the editable tools developed throughout the study for the City’s ownership and future use. We will include a narrative description of the Plan, describing key data and assumptions, and impacts; summary infographics; and the complete quantitative analysis as the justification for resulting Citywide and departmental indirect cost rates and interfund transfers. In compliance with OMB 2 CFR Part 200, reporting will include a description of each allocated service, identification of the units rendering services and the units receiving services, items of expense included in allocated costs, method used to distribute costs to benefitted units, schedule showing the allocation of each service to the specific benefitting units, and organizational charts. Draft reporting issued will be revised and reissued as final upon City review and input. ClearSource will provide a training session and appropriate documentation for the City’s future maintenance of the Plan.
Microsoft Excel-based and editable analytical model to allocate costs; comprehensive report identifying detailed cost allocations, interfund transfers, indirect cost rates for direct billing, impact on revenues in total and by fund/department/division, and comparative outcomes; training for City staff in future management of fees and deliverable models
Throughout the study and its concluding stages, ClearSource will facilitate a meaningful level of interaction between consultants, City personnel, and if needed, City Councilmembers, to ensure applicable and sustainable outcomes and wide understanding of impacts. ClearSource does not impose limits on number of engagements within our defined work plan and to usher study outcomes to successful implementation.
Meetings with City project management team; meeting with any applicable stakeholders; meeting with City management; meeting with City Council and/or subcommittee, as necessary
TURLOCK – USER FEE STUDY & COST ALLOCATION CLEARSOURCE PROPOSAL | B-5
SECTION B
METHODOLOGY
ClearSource presents the following work plan to complete the scope of services envisioned by the City of Turlock for the Comprehensive User Fee Study.
ClearSource will generate common understanding of objectives, known issues that must be addressed by study end, participant roles, expected procedural requirements, schedule and pre- established dates, and data collection and development processes. Most significantly, we will examine prevailing fees for known issues and to discuss initial and potential modifications to fee structures, practices, and policies. We will assess prevailing fees and methods to understand effectiveness of current structures, including perceived cost recovery, perceived equity, alignment of fee categories with the manner in which work is performed, perceived competitiveness in the region, and feasibility or accuracy of billing within current capabilities. We will draft initial user/regulatory fee structures to direct down-stream data development steps.
Meeting with City project management team; meeting(s) with individual direct service departments overseeing fee categories under review
ClearSource will develop the necessary foundation for subsequent quantitative analysis, with focus on preparing the body of data that will inform every downstream element of the fee study.
To develop financial inputs, we will gather and model financial data including: current and historical fee revenues, personnel and contractor costs and organization, adopted line-item expenditures, forecasted periodic outlays, and allocated indirect costs via new or existing plan.
To develop and test labor time inputs, based on prevailing and future business processes, we will gather and develop expressions of time by utilizing any existing labor time-tracking data; conducting interviews to estimate a distribution of annual time across core functions of service; developing service time questionnaires linked to remodeled fee structures to estimate average or range of service times for fee-based services; applying industry experience to populate under- developed or unavailable time estimates; analyzing any existing data sets that inform workload/activity/use levels and project profiles; and reconciling annual time, service time estimates, and service volumes to test reasonableness of critical assumptions.
Meetings with individual direct service departments to develop critical inputs Labor time profiles for fee-based service categories with applicable reasonableness testing
ClearSource will develop fully burdened hourly labor rates in each department/division participating directly in the provision of services associated with a fee under review. Rates will be built to encompass labor costs, non-labor operating costs, departmental and/or divisional administration, Citywide central services/general administration, and periodic investments. Rates will be expressed by function of direct and indirect service within each department/division, where applicable and to enable cost recovery considerations for certain fee categories. Rates may be expressed as composite for the department/division or for the position class.
Fully burdened hourly rates for divisions and/or position classes
TURLOCK – USER FEE STUDY & COST ALLOCATION CLEARSOURCE PROPOSAL | B-6
SECTION B
METHODOLOGY
ClearSource will apply the outcomes from Tasks 1 and 2 – an assessment of existing fees and interaction with City staff to understanding current practices and work flow – to ensure cost of service analysis aligns with the fee structures recommended from that work, which may include elements of prevailing fees, recommendations based on prevailing business processes, system capabilities, and relevant market or industry practices applicable to City work flow. We will prepare a working model of a comprehensive fee schedule to guide subsequent analysis.
Working model for the Consolidated Fee Schedule (service categories and fee structure)
ClearSource will prepare a cost of service model to join fully burdened hourly labor rates, time estimates associated with current work flow and business processes, and existing or any redesigned fee structures, in order to calculate the full unit cost of service associated with each fee category and layers within them. The full cost of service informs the maximum fee amount allowed under California framework for establishing user/regulatory fees by City Council action.
The full cost of service at the fee or programmatic level is composed of direct labor and non-labor costs, indirect labor and non-labor costs, periodic outlays of direct or indirect benefit, departmental overhead, and Citywide overhead. Analysis will include modeling of activities with under-developed or no fee imposed but where one is warranted and practical to improve the City’s cost recovery from private benefit activities.
Activity-level/unit costs of service and current recovery performance of the full cost
ClearSource will recommend cost recovery targets for fee-based services or work with City staff in developing cost recovery policy to inform final fee amounts, particularly where full cost recovery is deemed unfeasible. Development of cost recovery policy and practices will optimize the City’s array of funding sources considering public/private benefits, market sensitivity, compliance and behavior modification, and fiscal constraints. We will review and recommend where warranted associated fee practices, including waivers, discounts, deposit amounts, fee/deposit collection practices, and economic incentive practices.
ClearSource will develop a publishable comprehensive fee schedule for the City, useful in presenting proposals, as well as communicating fee descriptions, fee amounts, and charge bases to the public and to other City departments, who may have responsibility for maintaining Citywide schedules of fees. The comprehensive fee schedule developed can also include a tool for subsequent annual inflationary adjustments to the established fee structures between comprehensive cost of service studies. To the extent existing data systems enable it, revenue estimates from proposed fees based on historical or projected performance will be attempted, and we will compare prior fees in targeted service categories to assist in explaining impacts of notable changes. ClearSource will prepare a comparison of fees to other municipalities in targeted service categories as needed, likely by creating profiles for an array of “typical” uses in addition to one-for-one comparisons.
Cost recovery policy framework and accompanying proposed Consolidated Fee Schedule, including regional comparisons and revenue impacts; direction and tool for subsequent annual inflation-based management of fees between comprehensive studies