ADDENDUM TO
CITY OF TURLOCK
AGREEMENT FOR SERVICES
Licensor: POSM Software LLC Date: January 13, 2026
City Contract No. 2026-082 Scope of Work: POSM Professional Support and Storage 10/2025
1. INSURANCE:
Licensor shall not commence work under this Agreement until Licensor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Licensor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.
Licensor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Licensor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. (a) Commercial General Liability Insurance: Licensor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate, and One Million Dollars ($1,000,000) products and completed operations for bodily injury, personal injury, and property damage. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled.
(b) Workers’ Compensation Insurance: Licensor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000) each accident or disease. Licensor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. (c) Commercial Automobile Liability Insurance: {Intentionally Omitted} (d) Cyber Liability Insurance: {Intentionally Omitted}
(e) Builder’s Risk Insurance: {Intentionally Omitted}
(f) Licensors Pollution Insurance: {Intentionally Omitted} (g) Professional Liability Insurance: {Intentionally Omitted} (h) Umbrella or Excess Policy: Licensor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be
ADDENDUM TO
CITY OF TURLOCK
AGREEMENT FOR SERVICES
Licensor: POSM Software LLC Date: January 13, 2026
City Contract No. 2026-082 Scope of Work: POSM Professional Support and Storage 10/2025
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 policies of insurance. No coverage or policies maintained by the City (“Additional Insureds”), whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Licensor’s primary and excess liability policies are exhausted.
(i) Deductibles and Self-Insured Retentions: Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) Licensor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration and defense expenses. (j) Other Insurance Provisions: The commercial general liability policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Licensor, including materials, parts or equipment furnished in connection with such work or operations. The coverage shall be provided in the form of an endorsement to Licensor’s insurance (at least as broad as ISO CG 20 10 for ongoing operations and CG 20 37 for products/completed operations for construction services). (2) For any claims related to this project, Licensor’s insurance coverage shall allow and be endorsed primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Licensor’s insurance and shall not contribute with it. (3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under this Agreement, the insurer, broker/producer, or Licensor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.
(4) Coverage shall not extend to any indemnity coverage for the sole negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (k) Acceptability of Insurers: Insurance is to be placed with insurers admitted in California with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which the City has provided prior approval.
ADDENDUM TO
CITY OF TURLOCK
AGREEMENT FOR SERVICES
Licensor: POSM Software LLC Date: January 13, 2026
City Contract No. 2026-082 Scope of Work: POSM Professional Support and Storage 10/2025
(1) Additional Insurance Requirements: Within five (5) days of the Effective Date, Licensor 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 Licensor 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. If a carrier will not provide the required notice of cancellation, the Licensor shall provide written notice to the City no later than ten (10) business days before cancellation; (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 Licensor and shall be endorsed to state such; (c) name City of Turlock as a certificate holder; (d) cover products and completed operations of Licensor, premises owned, occupied, or used by the Licensor, or automobiles owned, leased, or hired or borrowed by the Licensor; contain no special limitations on the scope of protection afforded to City; (e) allow and be endorsed primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or selfinsurance maintained by City or City’s Agents shall be in excess of Licensor’s insurance and shall not contribute to it; (f) contain standard separation of insured provisions; and (g) 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.
(l) Waiver of Subrogation: With the exception of professional liability, Licensor hereby agrees to waive subrogation which any insurer of Licensor may acquire from Licensor 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 Licensor, its agents, employees, independent contractors and subcontractors. Licensor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Licensor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation. (m) Subcontractors: Licensor shall ensure all subcontractors furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
(n) Surety Bonds: {Intentionally Omitted}
2. INDEMNIFICATION:
ADDENDUM TO
CITY OF TURLOCK
AGREEMENT FOR SERVICES
Licensor: POSM Software LLC Date: January 13, 2026
City Contract No. 2026-082 Scope of Work: POSM Professional Support and Storage 10/2025
Indemnity for Professional Liability: When the law establishes a professional standard of care for Licensor’s Services, to the fullest extent permitted by law, Licensor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Licensor (and its Subcontractors) are responsible for such damages, liabilities and costs on a comparative basis of fault between the Licensor (and its Subcontractors) and the City in the performance of professional services under this Agreement. Licensor shall not be obligated to defend or indemnify City for the City’s own negligence or for the negligence of others.
Indemnity for other than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Licensor shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Licensor or by any individual or agency for which Licensor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Licensor.
3. BUSINESS LICENSE: Licensor shall obtain a business license from City before they commence performance of the Services.
4. TERM: The term of this Agreement shall be one (1) year, effective January 13, 2026, and terminating on January 13, 2027, subject to the City’s availability of funds, and shall automatically renew for successive one-year terms unless earlier terminated in accordance with this Agreement.
5. VOLUNTARY TERMINATION: Either party may terminate this Agreement without cause or legal excuse by providing thirty (30) days’ written notice to the other party.
6. COMPENSATION. City shall pay Licensor according to the rates and timing set forth in the Agreement. On each anniversary date of the Effective Date, Licensor 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 Licensor’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable.
ADDENDUM TO
CITY OF TURLOCK
AGREEMENT FOR SERVICES
Licensor: POSM Software LLC Date: January 13, 2026
City Contract No. 2026-082 Scope of Work: POSM Professional Support and Storage 10/2025
7. CONFLICT: Should any conflict exist between the terms and conditions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail.
8. CONFIDENTIALITY AND CALIFORNIA PUBLIC RECORDS ACT
COMPLIANCE: Notwithstanding Section five (5) of Licensor’s Agreement, Licensor understands and agrees that City must comply with the California Public Records Act, California Government Code section 7920 et seq. which may affect or limit City’s obligations under Section five (5).
9. EXECUTION AND COUNTERPARTS. This Addendum 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 Addendum and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Addendum or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
10. GOVERNING LAW: This Addendum shall be interpreted, construed, and governed according to the laws of the State of California, and venue for all actions arising from or related to this Agreement shall be in the County of Stanislaus, State of California.
11. CONTRACT ADMINISTRATOR: The City’s contract administrator and contact person for this Agreement is:
Carlos Guerrero, Utilities Manager
City of Turlock Municipal Services – Utilities Division 156 S. Broadway, Suite 270
Turlock, California 95380
Telephone Number: (209) 668-5590
E-mail Address: [email protected]
[Signatures on Following Page]
ADDENDUM TO
CITY OF TURLOCK
AGREEMENT FOR SERVICES
Licensor: POSM Software LLC Date: January 13, 2026
City Contract No. 2026-082 Scope of Work: POSM Professional Support and Storage 10/2025
IN WITNESS WHEREOF, the parties have caused this Addendum to be executed by and through their respective officers thereunto duly authorized.
CITY OF TURLOCK, a California municipal POSM Software LLC, a limited liability corporation company
By: _______________________________ By: ______________________________ Susan E. Borrego, Interim City Manager
Title: _____________________________
Date: _____________________________
Print name: ________________________
By: _______________________________ Date: _____________________________ Christopher Fisher, Municipal Services Director
APPROVED AS TO FORM:
By: _______________________________
George A. Petrulakis, City Attorney
ATTEST:
By: _______________________________
Nichole Fiez, City Clerk
President
Robert M. Katter
01/08/2026
City Council Staff Report
January 13, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: James Governale, Administrative Analyst
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Ordinance: Second and final reading of an ordinance amending Turlock Municipal Code Title 7 (Public Works), Chapter 7-2 (Street Improvements), Article 6 (Miscellaneous Provisions), and amending Chapter 7-6 (Sidewalk Maintenance and Repair Obligations)
2. NARRATIVE:
Since 1941, California Streets and Highways Code has required property owners to maintain sidewalks adjacent to their property in a condition that does not endanger persons or interfere with public use. Turlock Municipal Code (TMC) echoes this requirement in Section 7-2-601, placing the responsibility for repair and maintenance of sidewalks, curbs, gutters, and driveway approaches on adjacent property owners.
Over the years, Turlock City Councils have consistently reinforced this principle through ordinances and programs designed to support sidewalk maintenance and repair. These include various initiatives adopted in 1992, 2012, 2013, 2016, 2017, and 2025, as well as measures authorizing liens against properties when repairs were not completed promptly or properly, such as those enacted in 1976, 1988, 1990, 2014, and 2015. Each Council has made steady progress toward stronger and more consistent enforcement, recognizing the importance of maintaining safe and accessible pedestrian infrastructure for all residents.
Responsibility for Maintenance
Balancing accessibility, public safety, and affordability with regard to sidewalks is always a challenge. While shifting the responsibility for all sidewalk maintenance to the City might appear attractive to some, there are many reasons that shifting responsibility to the City is not advised:
• Adjacent property owners are in a better position to “repair” defective sidewalks because it is adjacent to their property, and they will have knowledge of the defect before the City.
• Adjacent property owners receive a special benefit of safe sidewalks (providing safe access and walkability).
• The City has hundreds of miles of sidewalks and it is difficult for the City to monitor the condition of all sidewalks.
• The cost to the City to maintain all sidewalks is expected to be tens of millions of dollars annually; prevailing wage requirements make City-managed repairs a minimum of 30–40% more expensive than privately contracted work. The fiscal impact could include either:
o Halting some or all currently-appropriate sources of funding and shifting the focus from wherever they are (could be road construction, pothole repair,
Agenda Staff Report
1/13/2026
public safety, recreation, park maintenance, and many more) to sidewalk maintenance, and/or
o Levying a new tax in order to retain current services and taking on sidewalk maintenance, repair, and replacement, as necessary.
As with all financial decisions that the City makes, a "yes" to one thing is a "no" to something else; all in all, the fiscal impact to Turlock residents or visitors at large is expected to be far greater if the City were to take on all sidewalk maintenance and repair than if the duty to maintain remains with the respective property owner.
Enforcement Action
Past enforcement often involved sending notices, requiring property owners to make repairs, and, if necessary, completing the work and placing a lien on the property. This process was burdensome for all parties but necessary for the safety of pedestrians and compliance with the law. This was often made more complicated by damage caused by “street trees,” which the TMC requires property owners to maintain when such trees are adjacent to their property (TMC 7-7-206). If neglected or watered improperly, trees often cause infrastructure damage.
Liability
Unrepaired sidewalks present serious liability risks for both the City and property owners.
Lawsuits that name the City and not a property owner do not leave our residents unaffected - they affect taxpayers citywide. In the interest of being good stewards of public funds and acting in the interest of the residents of and visitors to Turlock, the City has a responsibility to maintain and strengthen our Turlock Municipal Code and enforcement action relative to sidewalk maintenance and repair.
Ordinance Text Clarifications
Following the first reading of the ordinance, staff, in coordination with special legal counsel, identified two minor grammatical corrections in the draft ordinance. These corrections consist of adding a missing conjunction in TMC Section 7-6-107(a)(2) and correcting a typographical error in TMC Section 7-6-113 to properly reference the “hearing officer.” No substantive changes to the ordinance are proposed. Pursuant to Government Code section 36934, corrections of typographical or clerical errors do not constitute alterations to an ordinance between readings. The revisions are limited solely to grammatical clarity and do not affect the intent, scope, or enforcement of the ordinance.
Proposed Actions
Accordingly, City staff engaged Jarvis Fay LLP, who advised the City to strengthen its ordinance, retain property owner responsibility, and, if desirable as a policy directive, provide targeted financial assistance. In looking at municipal counterparts around California, the advice they offered to staff is given and recommended in the interest of protecting the City and the residents of Turlock at large, increasing total benefit to all parties.
The City has already taken steps in this direction by taking the following actions:
1. Adopting Resolution 2025-072, which waives encroachment permit fees for sidewalk repairs using Gas Tax (Fund 217);
2. Adopting Resolution 2025-210, which adopted and funded an assistance program; and
Agenda Staff Report
1/13/2026
3. Adopting Resolution 2025-211, which increased the commitment established in Resolution 2025-072 from $25,000 to $50,000.
Sidewalks are a vital part of Turlock’s infrastructure, many of which are decades old and require either continued maintenance or repair. Staff recommend approval of the ordinance to implement a lawful, fair, and sustainable sidewalk repair program.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The fiscal impact of the Ordinance is an expected increase to encroachment permits, generating revenue to the General Fund (110-40-410.35191 – Utility Co. Inspection Permit Fee). This increase will likely be reduced by the revenue provided from the program that offsets encroachment fees for qualifying frontage repairs with funds from Fund 217 (Gas Tax).
4. 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.
5. ATTACHMENTS:
1. Draft Ordinance (revised)
2. TMC 7-2 Article 6 and TMC 7-6 (current)
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
ORDINANCE NO. 13XX-CS
WHEREAS, sidewalks are an important piece of the City of Turlock’s (“City”) transportation network; and
WHEREAS, the City wants to ensure that all sidewalks are properly maintained and free of dangerous defects; and
WHEREAS, the timely maintenance and repair of sidewalks is essential to protect the health, welfare, and safety of Turlock residents, workers, and visitors from dangerous sidewalk defects; and
WHEREAS, a property owner adjacent to the sidewalk is in the best position to know of unsafe sidewalk conditions and to notify the City of the dangerous defect; and WHEREAS, the California Streets and Highways Code provides that adjacent property owners owe a duty to the City to maintain sidewalks and repair dangerous sidewalk defects; and WHEREAS, the City wishes to clarify that adjacent property owners are liable for injuries resulting from dangerous sidewalk defects; and
WHEREAS, the City wishes to amend the Turlock Municipal Code (“TMC”) to codify an indemnification requirement for adjacent property owners should the City face legal liability resulting from an injury occurring as a result of a dangerous sidewalk defect; and WHEREAS, the City wishes to establish a process whereby the City will notify property owners of the need to repair a sidewalk defect and if the owner fails to timely make the repairs, the City may make the repairs on their behalf and bill the owner for the costs through a notice of costs; and
WHEREAS, under this process, if the owner fails to pay the costs set forth in the notice of costs, the City may initiate proceedings to make the cost of the work performed by the City a lien against the property fronting the repaired sidewalk; and WHEREAS, for transparency and ease of reference, the City wishes to restructure the TMC to move provisions related to sidewalk repair to in its own section of the Code.
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 }
}
}
IN THE MATTER OF AMENDING TURLOCK
MUNICIPAL CODE TITLE 7 (PUBLIC WORKS),
CHAPTER 7-2 (STREET IMPROVEMENTS),
ARTICLE 6 (MISCELLANEOUS PROVISIONS), AND
AMENDING CHAPTER 7-6 (SIDEWALK
MAINTENANCE AND REPAIR OBLIGATIONS)
}
}
}
}
}
}
}
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 7, Chapter 7-2, Article 6, shall hereby be amended to read as follows:
Chapter 7-2
STREET IMPROVEMENTS
Article 6. Miscellaneous Provisions
7-2-601 Maintenance of curbs, gutters, sidewalks, curb cuts, and driveway approaches [REPEALED]
7-2-602 Exceptions to provisions.
(a) None of the provisions of this chapter, with respect to construction only, shall apply to any streets or portions of streets which may be determined by the Council to have reached a stage of improvement under the provisions of previous regulations which would cause a state of undue hardship or hazard to result from compliance with the provisions of this chapter. (b) None of the provisions of this chapter, except the minimum location, testing, inspection, fee, and construction standards, shall apply to the following:
(1) Public utility structures, such as street lights and telephone and power lines; and (2) Street signs, mailboxes, traffic signs, or other installations made by State or Federal governmental agencies.
7-2-603 Approval by the Building Official.
The Building Official shall deny the final approval of any building or its occupancy until the work required by the provisions of this chapter is completed or construction is guaranteed within a specified time limit approved by the City Engineer by an improvement security. Such improvement security shall be approved by the City Attorney in an amount to be fixed by the City Engineer in accordance with the criteria set forth in TMC 7-2-502.
7-2-604 Nuisances: Abatement.
The construction, repair, or maintenance of any sidewalk area, or failure to construct, repair or maintain any sidewalk area in violation of the provisions of this chapter is hereby declared to be a nuisance. The adjacent property owner shall be notified of the violation and shall be requested to apply for an encroachment permit and to correct the violation. On the owner’s failure to obtain an encroachment permit and correct the violation within forty-five (45) days after such notification, abatement proceedings may be instituted in accordance with the provisions of Chapter 5-5 TMC.
SECTION 3. AMENDMENT: Title 7, Chapter 7-6, shall hereby be amended in its entirety to read as follows:
Chapter 7-6
SIDEWALK MAINTENANCE AND REPAIR OBLIGATIONS
Article 1. Miscellaneous Provisions
7-6-101 Purpose of article.
It is the purpose of this article to provide sidewalk repair policies which are alternative and supplementary to the policies set forth in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State, commencing at Section 5600, as those sections now exist or may hereafter be amended or renumbered. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State and this Code, the provisions of this Code shall control.
7-6-102 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “City” shall mean the City of Turlock.
(b) “Defective sidewalk” shall mean a sidewalk where, in the judgment of the City, the vertical or horizontal line or grade is altered or displaced or such other condition exists that interferes with the public convenience in the use of the sidewalk.
(c) “Planting strip” shall mean that portion of the sidewalk planting strip not required for sidewalk, driveway, or curb use.
(d) “Property owner” or “owner” shall mean the owner of the real property, or the owner of the property adjacent to the right-of-way, in accordance with Chapter 22 of Division 7, Part 3, of the Streets and Highways Code. For the purposes of this article, “property owner” or “owner” may refer to one or multiple property owners.
(e) “Sidewalk” shall mean that portion of the sidewalk planting strip established for pedestrian use.
In those areas where a sidewalk does not exist, the City Engineer shall determine the location of the sidewalk area.
(f) “Sidewalk planting strip” shall mean that portion of the street right-of-way between the property line and the curb line.
7-6-103 Maintenance and repair of sidewalks.
(a) The property owner of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs, gutters, curb cuts, and driveway approaches and persons in possession of such lots by virtue of any permit or right shall repair defective sidewalks and maintain such sidewalk areas in a nondangerous condition and pay the costs and expenses therefor, including a charge for the City of Turlock’s costs of inspection and administration or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments. (b) Maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover, and trimming shrubs within the area between the property line of the adjacent
property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.
(c) In conjunction with any sale or transfer of real property and using the Local Option Real Estate Transfer Disclosure Statement form set forth in Civil Code Section 1102.6a, the seller/transferor shall provide notice of the maintenance and repair obligations set forth in TMC Chapter 7-6 to the buyer/transferee. The notice shall, at a minimum, include the following language:
The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs, gutters, curb cuts, and driveway approaches and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of Turlock’s costs of inspection and administration or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments. (d) To provide all property owners with notice of his/her obligation to maintain and repair his/her sidewalk area as set forth in this article, the ordinance codified in this chapter shall be recorded with the County Clerk of the County of Stanislaus.
7-6-104 Liability for injuries to public.
The property owner required under this section to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in such a nondangerous condition as required, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.
Any person who suffers injury or property damage as a result of the failure of the property owner to maintain the sidewalks and sidewalk areas shall have a cause of action for such injury or property damage against such property owner.
7-6-105 Indemnity.
A property owner shall defend and indemnify the City and its employees from any action, claim, or judgment, and any cost or expense incurred, including attorneys' fees, which arise from the property owner's failure to maintain and repair the sidewalk as required in this section. Nothing in this section creates an obligation on an owner to defend or indemnify the City from any action, claim or judgment to the extent any employee or instrumentality of the City caused the defective sidewalk which resulted in the claimant's injuries or damage. 7-6-106 Notice to repair.
(a) When the City has actual notice of the existence of a defective sidewalk, the City may give written notice to the owner of the lot, lots or portion of the lot fronting the defective sidewalk to repair the defective sidewalk. The City may also give notice to the person in possession of the lot, lots or portion of the lot, in addition to the notice given to the owner of the lot.
(b) This provision does not restrict the City’s ability to send any additional notices to repair to the owner of the lot, lots or portion of the lot fronting the defective sidewalk to repair the defective sidewalk.
7-6-107 Service of notice.
(a) The notice to repair shall be served on the owner by any of the following methods:
(1) Mailing an initial notice to the owner by first class mail, postage prepaid, to the address of the owner as set forth on the last equalized assessment roll and mailing a second notice, not less than seven (7) or more than ten (10) days after the mailing of the initial notice to repair. The second notice to repair shall be marked “Second Notice.”; or (2) Posting the notice in a conspicuous place at the lot or lots fronting the defective sidewalk and mailing notice to the owner by first class mail, postage prepaid, to the address of the owner as set forth in the last equalized assessment roll. 7-6-108 Contents of notice.
(a) The notice to repair shall, at a minimum, contain the following information:
(1) That the sidewalk is a defective sidewalk;
(2) The nature of the work required to be done;
(3) The manner in which the work is to be done, including the specifications required by the City as to materials and workmanship;
(4) That if the repair is not commenced within the time as specified by the notice, or once commenced is not completed diligently and without interruption, the City may commence and complete the repair and the cost thereof shall become a lien on the lot or lots of the owner fronting the defective sidewalk; and
(5) Provide that the owner may elect to perform the repairs him or herself, have the work performed by a licensed contractor, or have the work performed by the City, through a contractor selected by the City or with City employees. (b) Notwithstanding the provisions of the Streets and Highways Code, the City Manager or his designee may in their discretion, and for sufficient cause, extend the period by 90 days, or further if determined by the City Manager to be necessary, in which required maintenance and repair of sidewalk areas must commence.
7-6-109 Failure to make required repairs.
(a) If, after the owner has been notified of its obligation, the owner fails to make the repairs within the time established as required by the City’s notice to repair, the City may repair the sidewalk.
The cost of such repair shall be an obligation to the City owed by the owner. (b) Title Transfer. If the owner has received a notice to repair and has not completed the required sidewalk repairs, it must complete the repairs prior to transferring title associated with the sale of real property. “Title transfer” means the sale or transfer of an entire real property estate or the fee interest in that real property estate and does not include the sale or transfer of partial interest, including a leasehold. In addition, the following shall not be included: (1) transfer by a fiduciary in
the course of the administration of a decedent's estate, guardianship, conservatorship, or trust, (2) transfers from one (1) co-owner to one (1) or more other co-owners, or from one (1) or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors, (3) transfers made by a trustor to fund an inter vivos trust, (4) transfers made to a spouse, to a registered domestic partner as defined in Section 297 of the Family Code, or to a person or persons in the lineal line of consanguinity of one (1) or more of the transferors, (5) transfers between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation or from a property settlement agreement incidental to a decree, (6) transfers from property owners to any financial institution as a result of a foreclosure or similar process.
7-6-110 Payment of repairs; notice of cost.
(a) If the City has repaired the sidewalk in accordance with Section 7-6-109, the City shall give written notice to the owner of the lot, lots or portion of the lot fronting the defective sidewalk of the cost of all the work in connection with the repair of a defective sidewalk, including administrative and inspection costs.
(b) Upon receipt of a notice of cost described in subdivision (a), the owner is responsible to pay the total cost within the time specified in the City’s notice of cost. 7-6-111 Assessing cost of sidewalk repairs upon nonpayment of invoice. (a) If the owner has not provided payment within the time specified in the City’s notice of cost, the City may initiate proceedings to make the cost of the work performed by the City a lien against the parcel(s) of property fronting the repaired sidewalk(s). (b) The City shall issue a notice of lien to all owners who fail to pay for the work provided by the City for repair of a defective sidewalk. This notice shall provide a process whereby the owner may dispute the amount due with the Municipal Services Director (or their designee) by filing a protest; set forth a due date for payment; and provide a process for the owner to obtain a hearing before a hearing officer appointed by the City Manager (or their designee). (c) The notice shall be served on the owner in accordance with TMC Section 7-6-107. The notice shall set the date and time by which a protest shall be filed with the Municipal Services Director (or their designee). No protest received after that date and time shall be considered. 7-6-112 Lien protest process.
In order for the owner to obtain a hearing before a hearing officer, the owner must first protest the charges with the Municipal Services Director (or their designee). A protest must be submitted in writing by way of personal delivery, email, fax, or mail. The Municipal Services Director (or their designee) will investigate the protest, and at the conclusion of the resolution process, a "finding of facts" letter will be prepared and served on the owner in accordance with TMC Section 7-6- 107. If the owner disagrees with the Municipal Services Director’s (or their designee’s) findings, he or she may request a formal hearing before a hearing officer within the deadline set forth in the finding of facts. If the owner does not request a formal hearing by the deadline set forth in the finding of facts, the decision of the Municipal Services Director shall be final. 7-6-113 Notice of hearing.
The City shall cause notice of the hearing before the hearing officer to be served on the owner in accordance with TMC Section 7-6-107 not less than ten (10) days prior to the date of the hearing. 7-6-114 Hearing and decision.
At the time fixed for consideration of the protest, the hearing officer shall hear the matter from the Municipal Services Director (or their designee), together with any objections and evidence, of the owner(s) liable to be assessed for the cost of repair. The hearing officer shall follow, as nearly as practicable, those procedures that the City Council would have followed had it conducted the hearing. The hearing officer may make revisions, corrections, or modifications of the matter as the hearing officer may deem just, and shall submit a report (as revised, corrected or modified) to the City for adjustment and/or collection. The report shall specify the repairs which have been made, the costs of the repairs, describe the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. The City shall serve the results of the hearing to the protesting owner in accordance with TMC Section 7-6-107.
7-6-115 Hearing before the City Council
Upon receipt of the Hearing Officer’s report, the City Council shall schedule a public hearing at which it shall confirm, reject or modify the report. The City shall serve notice of the public hearing to all affected property owner(s) in accordance with TMC Section 7-6-107. The public hearing shall be limited to the issue of whether the hearing before the hearing officer was conducted in accordance with applicable City ordinances. Only the property owner(s) who both filed a protest and appeared before the hearing officer shall be permitted to protest at the City Council meeting.
The decision of the Council as to whether to confirm, reject, or modify the report shall be final. 7-6-116 Assessment of costs of repair upon nonpayment of invoice.
In the event that the cost of repair to the sidewalk is not paid after the notice of cost, and a protest was not filed prior to the deadline or a protest was filed and denied, the City shall transmit to the Finance Director a statement of each such unpaid cost of repair. The Finance Director shall endeavor diligently to collect the same on behalf of the City. 7-6-117 Recording and release of lien.
(a) Sixty (60) days after the City Council adopts the report, the City will place a lien on the adjacent property in accordance with TMC 5-5-405.
(b) On payment of the amount owed, the City shall request that the County Recorder remove the lien.
7-6-118 City manager authority.
The City Manager shall have the authority to establish administrative policies and regulations, which may include, but is not limited to, a financial assistance program, that may be necessary to implement the provisions of this Chapter.
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,
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 9th day of December, 2025, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
Signed and approved this 13th day of January, 2026.
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
Article 6
Miscellaneous Provisions
§ 7-2-601. Maintenance of curbs, gutters, sidewalks, curb cuts, and driveway approaches.1
(a) Anything in this Code to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming, and collection of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State and this Code, the provisions of this Code shall control.
(b) The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs, gutters, curb cuts, and driveway approaches and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of Turlock's costs of inspection and administration or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
(c) Maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover, and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area. (d) The City Manager or his designee may in his or her discretion, and for sufficient cause, extend the period in which required maintenance and repair of sidewalk areas must commence by a period of not to exceed ninety (90) days. (e) The property owner required under this section to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in such a nondangerous condition as required, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.
1. Code reviser's note: Section 4 of Ord. 1219-CS provides: "The amendments set forth in this Ordinance, specifically Section 7-2-601 subsections (f) and (g), shall become operative on July 1, 2016." City of Turlock, CA
§ 7-2-601 § 7-2-601
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(1171-CS, Amended, 07/10/2012; 1219-CS, Amended, 07/01/2016) § 7-2-602. Exceptions to provisions.
§ 7-2-603. Approval by the Building Official.
The Building Official shall deny the final approval of any building or its occupancy until the work required by the provisions of this chapter is completed or construction is guaranteed within a specified time limit approved by the City Engineer by an improvement security. Such improvement security shall be approved by the City Attorney in an amount to be fixed by the City Engineer in accordance with the criteria set forth in TMC 7-2-502.
§ 7-2-604. Nuisances: Abatement.
Construction in violation of the provisions of this chapter is hereby declared to be (f) In conjunction with any sale or transfer of real property and using the Local Option Real Estate Transfer Disclosure Statement form set forth in Civil Code Section 1102.6a, the seller/transferor shall provide notice of the maintenance and repair obligations set forth in this article to the buyer/transferee. The notice shall, at a minimum, include the following language:
The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs, gutters, curb cuts, and driveway approaches and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of Turlock's costs of inspection and administration or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments. (g) To provide all property owners with notice of his/her obligation to maintain and repair his/her sidewalk area as set forth in this article, the ordinance codified in this chapter shall be recorded with the County Clerk of the County of Stanislaus. (a) None of the provisions of this chapter, with respect to construction only, shall apply to any streets or portions of streets which may be determined by the Council to have reached a stage of improvement under the provisions of previous regulations which would cause a state of undue hardship or hazard to result from compliance with the provisions of this chapter.
(b) None of the provisions of this chapter, except the minimum location, testing, inspection, fee, and construction standards, shall apply to the following:
(1) Public utility structures, such as street lights and telephone and power lines; and
(2) Street signs, mailboxes, traffic signs, or other installations made by State or Federal governmental agencies.
City of Turlock, CA
§ 7-2-601 § 7-2-604
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a nuisance. The adjacent property owner shall be notified of the violation and shall be requested to apply for an encroachment permit and to correct the violation. On the owner's failure to obtain an encroachment permit and correct the violation within forty-five (45) days after such notification, abatement proceedings may be instituted in accordance with the provisions of Chapter 5-5 TMC.
City of Turlock, CA
§ 7-2-604 § 7-2-604
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CHAPTER 7-6
CONCRETE CURBS, GUTTERS, VALLEY GUTTERS, SIDEWALKS, AND
DRIVEWAYS
(Repealed)
City of Turlock, CA
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City Council Staff Report
January 13, 2026
From: Adrienne Werner, Development Services Director
Prepared by: Kim Hammack, Staff Services Analyst
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Ordinance: Second and final reading of an Ordinance amending Turlock Municipal Code Title 8, Chapter 1, Article 1; Section 02, Chapter 2, Article 1, Section 02; Chapter 5, Article 1, Section 02 and Chapter 6 Article 1 Section 02 to adopt the 2025 California Building Standards Code.
2. NARRATIVE:
California’s building codes (California Code of Regulations, Title 24) are adopted every three years with the last adoption in 2022. In accordance with Health and Safety Code 17950 and 18938(b), California Building Standards are applicable to all occupancies throughout California whether or not the local jurisdiction takes affirmative action to adopt those Building Standards.
The California Building Standards become effective January 1, 2026. However, State statute requires the local agency to adopt the California Building Standards. The Building Code adoption is contained in Title 8 of the Municipal Code.
The edits to the Municipal Code update the applicable Code year from 2022 to 2025. No other changes are proposed to the Municipal Code and no additional standards beyond those contained in the 2025 California Codes are proposed.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The implementation of the new code requires additional training for staff as well as the purchase of new code books. Adequate funding has beed budgeted to cover these expenses.
4. ENVIRONMENTAL DETERMINATION:
The recommended action does not constitute a project and will not create a physical impact on the environment or authorize any action that has the potential to impact the physical environment and would not make any changes in current policy or regulations; therefore, the proposed action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3)(General Rule, No Environmental Impact) of the CEQA Guidelines.
5. ATTACHMENTS:
1. Building Code Adoption Ordinance 2025 pdf
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF AMENDING TURLOCK } ORDINANCE NO. -CS
MUNICIPAL CODE TITLE 8, CHAPTER 1, }
ARTICLE 1, SECTION 02; CHAPTER 2, ARTICLE}
1, SECTION 02; CHAPTER 5, ARTICLE 1, }
SECTION 02 AND CHAPTER 6 ARTICLE 1 }
SECTION 02 TO ADOPT THE 2025 CALIFORIA }
BUILDING STANDARDS CODE }
_________________________________________}
WHEREAS, every three years the State of California adopts updated building codes referred to as the California Building Standards Code for the protection of the public, and
WHEREAS, the City of Turlock is amending Title 8 Chapters 1, 2, 5, and 6 of the Turlock Municipal Code adopting by reference the following codes; and BE IT ORDAINED by the City Council of the City of Turlock as follows:
SECTION 1. AMENDMENT: Title 8, Chapter 1, Article 1, Section 02, subsection a is hereby amended:
8-1-102 Adoption.
The following publications are hereby incorporated herein by reference and are adopted by the City of Turlock as the Building Code of the City of Turlock, except as expressly amended or superseded by the provisions of this chapter:
(a) Title 24, 2022 2025 Edition, of the California Building Standards Code including the following parts:
(1) Part 1, California Administrative Code;
(2) Part 2, California Building Code, Volumes 1 and 2, Chapters 1 through 26, 31, Section 3109, and incorporating Appendix H, Signs, and Appendix I, Patio Covers;
(3) Part 2.5, California Residential Code, Chapters 1 through 10, and including Appendix H, Patio Covers, Appendix V, Swimming Pool Safety Act; and Appendix X (Emergency Housing);
(4) Part 3, California Electrical Code, including Informative Annex Chapters A, B, C and D;
Ordinance No. -CS
(5) Part 4, California Mechanical Code, including Appendix Chapters A and B;
(6) Part 5, California Plumbing Code, including Appendix Chapters A, B, D and I;
(7) Part 6, California Energy Code, including Appendix Chapters; (8) Part 8, California Historical Building Code, including Appendix Chapters; (9) Part 10, California Existing Building Code, including Appendix Chapters; (10) Part 11, California Green Building Standards Code, Chapters 1 through 8;
(11) Part 12, California Referenced Standards Code, including Appendix Chapter A;
(b) The Uniform Housing Code, 1997 Edition, as published by the International Conference of Building Officials;
(c) The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Conference of Building Officials; (d) 2006 Property Maintenance Code, as published by the International Code Council (ICC).
One (1) copy of said California Building Standards Code and all other referenced publications, certified by the Clerk of said City of Turlock, is on file and will be kept on file for use and examination by the public in the office of the Chief Building Official in said City of Turlock, 156 South Broadway, Turlock, California.
SECTION 2. AMENDMENT: Title 8, Chapter 2, Article 1, Section 02, is hereby amended to read as follows:
8-2-02 Adoption of the Electrical Code of the City of Turlock.
The following publications are hereby incorporated herein by reference and adopted by the City of Turlock as the Electrical Code of the City of Turlock, except as expressly amended or superseded by the provisions of this chapter:
Ordinance No. -CS
California Electrical Code, 2022 2025 Edition, based on the 2020 2023 National Electric Code, including Annex A, B, and C as published by National Fire Protection Association and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.
One (1) copy of said California Electrical Code, certified by the Clerk of said City of Turlock, is on file and will be kept on file for use and examination by the public in the office of the Chief Building Official in said City of Turlock, 156 South Broadway, Turlock, California.
SECTION 3. AMENDMENT: Title 8, Chapter 5, Article 1, Section 02, is hereby amended to read as follows:
8-5-102 Adoption of the Plumbing Code of the City of Turlock.
The following publications are hereby incorporated herein by reference and adopted by the City of Turlock as the Plumbing Code of the City of Turlock, except as expressly amended or superseded by the provisions of this chapter:
California Plumbing Code, 2022 2025 Edition, including Appendix A, B, D, and I based on the 2021 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.
One (1) copy of said California Plumbing Code, 2022 2025 Edition, is on file and will be kept on file for use and examination by the public in the office of the Chief Building Official in said City of Turlock, 156 South Broadway, Turlock, California.
SECTION 4 AMENDMENT: Title 8, Chapter 6, Article 1, Section 02, is hereby amended to read as follows:
8-6-102 Adoption of the Mechanical Code of the City of Turlock.
The following publications are hereby incorporated herein by reference and adopted by the City of Turlock as the Mechanical Code of the City of Turlock, except as expressly amended or superseded by the provisions of this chapter:
California Mechanical Code, 2022 2025 Edition, including Appendix A, and Appendix B based on the 2021 2024 Uniform Mechanical Code as published by the International
Ordinance No. -CS
Association of Plumbing and Mechanical Officials, and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.
One (1) copy of said California Mechanical Code, 2022 2025 Edition, is on file and will be kept on file for use and examination by the public in the office of the Chief Building Official in said City of Turlock, 156 South Broadway, Turlock, California.
SECTION 5. VALIDITY: If any section, subsection, sentence, clause, word, or phrase of this ordinance is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The Turlock City Council hereby declares that they would have passed this ordinance, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that one or more section, subsection, sentence, clause, word, or phrase be declared invalid or unconstitutional.
SECTION 6. ENACTMENT: Prior to the expiration of fifteen (15) days from the passage and adoption thereof, this ordinance shall be published in a newspaper of general circulation printed and published in the County of Stanislaus, State of California, together with names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of January, 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
Signed and approved this 13th day of January, 2026.
__________________________
AMY BUBLAK, Mayor
ATTEST:
Ordinance No. -CS
_____________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
City Council Staff Report
January 13, 2026
From: Adrienne Werner, Development Services Director
Prepared by: Adrienne Werner, Development Services Director Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Confirmation: City Clerk confirms: a) Proof of Publication of Notice of Public Hearing; b) Signed Waiver and Consent; c) Completed and signed ballot; and d) Signed Certificate of Clerk Regarding Receipt of Property Owner Waiver and Consent Form and Ballot Declaring Election Results.
Resolution: Calling a Special Mailed-Ballot Election respecting proposed Annexation 40 to existing Community Facilities District Number 2 (Services Mitigation).
Resolution: Declaring the results of the Mailed-Ballot Election respecting proposed Annexation 40 to existing Community Facilities District Number 2 (Services Mitigation).
2. NARRATIVE:
The October 2004 Fiscal Impact Analysis of new residential development on General Fund supported services (police, fire, park maintenance, planning, etc.) concluded that General Fund revenues are inadequate to support both existing as well as General Plan levels of services. In response, the City Council adopted a policy (Resolution No. 2004-189) to require all new residential development not otherwise entitled by existing zoning to be included in a Community Facilities or Mello-Roos District as a condition of development. At its meeting of October 26, 2004, the City Council formed Turlock Community Facilities District No. 2 (CFD #2), to generate additional General Fund revenues from an additional tax imposed on new homes.
The existing CFD #2 was phased in over ten (10) years. The current (FY 2025/2026) rate for multi-family dwellings subject to CFD #2 is $595 per year and will increase 2% annually.
A higher rate ($760 for year 2025/2026) is charged on single-family dwelling units. In 2013, the City Council authorized staff to hire Economic Planning Systems, Inc. to evaluate the adequacy of the tax under current economic and financial conditions. The evaluation found that the current CFD #2 tax rate is adequate to mitigate the public service impacts of new residential development. In conjunction with this evaluation, the City Council adopted an ordinance establishing the policies and procedures for annexation into CFD #2. The ordinance established that any residential project that could result in the development of one or more residential dwellings in the City limit requiring approval of a parcel map, subdivision map, general plan amendment, rezone, planned development, area-wide plan, annexation, or discretionary permit pursuant to TMC Title 11 (Subdivisions), Chapter 9-5 TMC (Administration), or TMC 9-2-113 (Planned developments), shall be subject to mitigating the increased demand on public services, including, but not limited to, police, fire and park maintenance by annexing into CFD #2.
Agenda Staff Report
1/13/2026
Annexation No. 40 will annex one residential zoned parcel into CFD #2.
1. Vesting Tentative Parcel Map 2023-02 authorized the division of a 1.2-acre parcel located at 2831 N. Walnut Road, Stanislaus County Assessor’s Parcel 088-008-068 into three individual residential parcels. Annexation into CFD #2 is required as a condition of approval for the parcel map.
In general, the annexation process is very much like the process to form CFD #2 – completion of the initial Resolution of Intention (ROI), public hearing notice, and public hearing and property owner election not less than 30 days after the Council’s adoption of the ROI. Because there are less than 12 registered voters in the proposed annexed area, the election can be held immediately following the public hearing. A certification that there are 12 or fewer voters in the proposed annexation area has been filed with the City Clerk as required by law. The identified services funded by CFD #2, (police, fire, park maintenance, etc.) remain the same as identified in the initial formation of CFD #2.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The assessment fees for dwellings annexed into CFD #2 are not collected until the issuance of a Certificate of Occupancy for the dwelling. The approval and application of CFD #2 will increase revenues to fund General Fund supported services as the city’s population increases from the development of new homes.
4. ENVIRONMENTAL DETERMINATION:
The recommended action does not constitute a project pursuant to the California Environmental Quality Act (CEQA) Section 15378. The proposed action would not make any changes in current policy or regulations.
5. ATTACHMENTS:
1. CFD 2 Annexation 40 Calling for Election Resolution
2. CFD 2 Annexation 40 Declaring Election Results Resolution
3. Boundary Map
4. Special Ballot
5. Waiver & Consent
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF CALLING A SPECIAL, } RESOLUTION NO. 2026- MAILED-BALLOT ELECTION AND DECLARING }
THE RESULTS OF THE MAILED BALLOT }
ELECTION RESPECTING PROPOSED ANNEXATION}
NUMBER 40 FOR THE PROPERTY LOCATED AT }
2831 N. WALNUT ROAD, STANISLAUS COUNTY }
APN 088-008-068 TO EXISTING COMMUNITY }
FACILITIES DISTRICT NUMBER 2 }
(SERVICES MITIGATION) }
________________________________________ ____
WHEREAS, reference is made to the Resolution Declaring Intention to Order Annexation Number 40 (henceforth referred to as “the Resolution of Intention”), adopted by the City of Turlock City Council (Council) on December 9, 2025, to annex the SUBJECT PROPERTY, located at 2831 N. Walnut Road, Stanislaus County Assessor’s Parcel 088-008-068, as shown on the attached maps (Attachment 1) to the Existing Community Facilities District No. 2 (Services Mitigation) for the description of the petition received from the owner of the SUBJECT PROPERTY which the Owner is requesting be annexed to the existing Community Facilities District No. 2 (Services Mitigation) (“CFD No. 2”); and
WHEREAS, the City of Turlock City Council scheduled this same date as the date for the public hearing with respect to the proposed annexation of the SUBJECT PROPERTY located at 2831 N. Walnut Road, Stanislaus County Assessor’s Parcel 088-008-068, (the “Proposed Annexation”); and
WHEREAS, on this same date, at the time set for the public hearing by the Resolution of Intention, the City of Turlock City Council conducted the public hearing, and at the close of the public hearing the City of Turlock City Council determined that a majority protest under Section 53824 of the Government Code was not made at the hearing; and
WHEREAS, in order to proceed with the Proposed Annexation, as provided by the Resolution of Intention, the matter must be submitted to an election of the qualified electors in the territory of the SUBJECT PROPERTY, as provided in the form of special election ballot attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, a Certificate Regarding Registered Voters and Landowners (the “Certificate”) has been filed with the City Clerk (the “Clerk”), certifying that at no time during the ninety days preceding the close of the protest hearing on this date, were there ever any persons registered to vote within the territory of the SUBJECT PROPERTY, with the result that, pursuant to Section 53826 of the Government Code, the qualified electors for the proposed special election shall be the Owners.
Resolution No. 2026-
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Turlock as follows:
1. The City of Turlock City Council finds and determines that the foregoing recitals are true and correct.
2. The City of Turlock City Council accepts the Certificate heretofore filed in these proceedings and finds, in accordance therewith, that there presently are, and at all times during the ninety days just past there have been not been any registered voters residing within the boundaries of SUBJECT PROPERTY 2831 N. Walnut Road, Stanislaus County APN 088-008-068.
Accordingly, under Section 53826 of the Government Code, the qualified electors for the proposed special election shall be the Owners.
3. The City of Turlock City Council further finds and determines that the Owners are the sole landowner of record of the SUBJECT PROPERTY and that the Certificate correctly sets forth the amount of PROPERTY owned by the Owner, the number of votes to which the Owner is entitled pursuant to said Section 53826 being said number of acres rounded up to the nearest whole integer.
4. The City of Turlock City Council further finds and determines that an authorized representative of the Owner has filed with the Clerk (a) the special election ballot pertaining to the SUBJECT PROPERTY and (b) waiver and consents, by which the time limits and related requirements respecting preparation and distribution of election materials are waived.
5. Pursuant to Sections 53826 and 53851 of the Government Code, the City of Turlock City Council hereby calls an election, to be held and conducted forthwith upon adoption of this resolution, and sets this same date as the election date. Pursuant to Section 53826 of the Government Code, the election shall be conducted by mailed ballot; provided that personal service of the ballot is permitted under the terms of the waiver and consent on file with the Clerk and shall therefore be permitted and ratified.
The action of the Clerk in having made personal service of the ballot, in the form of Exhibit A, to the Owner is hereby ratified.
6. The measure to be submitted to the qualified electors of the SUBJECT PROPERTY shall be as set forth in Exhibit A.
7. The Clerk, having received the only eligible ballot prior to adoption of this resolution, shall immediately close the election and declare the results of the City Council.
8. This resolution shall take effect from and after its adoption.
Resolution No. 2026-
PASSED AND ADOPTED at a meeting of the City Council of the City of Turlock this 13th day of January 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
_
Nicole Fiez, City Clerk
City of Turlock, County of
Stanislaus
State of California
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF DECLARING THE } RESOLUTION NO. 2026
RESULTS OF MAILED-BALLOT ELECTION }
RESPECTING PROPOSED ANNEXATION }
NUMBER 40 FOR THE PROPERTY LOCATED AT }
2831 N. WALNUT AVENUE, STANISLAUS COUNTY }
APN 088-008-068 TO EXISTING COMMUNITY }
FACILITIES DISTRICT NUMBER 2 ]
(SERVICES MITIGATION) }
WHEREAS, on this date, at the time set for the public hearing in the matter of annexing the SUBJECT PROPERTY located at 2831 N. Walnut Road, Stanislaus County Assessor’s Parcel 088-008-068, as shown on the attached map (Attachments 1) to Community Facilities District No. 2 (Services Mitigation) (“CFD No. 2”) by its Resolution Declaring Intention to Order Annexation No. 40 to Existing Community Facilities District No. 2, the City of Turlock City Council conducted the public hearing, and at the close of the public hearing, the City of Turlock City Council determined that a majority protest under Section 53339.6 of the Government Code was not made at the hearing; and
WHEREAS, at the conclusion of the public hearing, the City of Turlock City Council adopted its Resolution Calling Special Mailed-Ballot Election Respecting Proposed Annexation No. 40 to Existing Community Facilities District No. 2 (Services Mitigation) pursuant to Section 53339.7 of the Government Code; and WHEREAS, by said resolution calling the election, the two questions of annexing the SUBJECT PROPERTY and levying a special tax as previously authorized for PROPERTY within CFD No. 2 were combined into a single ballot measure pursuant to Section 53353.5 of the Government Code, as provided in the form of special election ballot attached thereto as Exhibit A; and
WHEREAS, a Certificate of Clerk regarding Receipt of PROPERTY Owner Waiver and Consent Form and Ballot and Declaring Election Results, dated this same date (the “Clerk’s Certificate”), executed by the City Clerk (the “Clerk”), has been filed with the City of Turlock City Council, certifying that a completed ballot has been returned to the Clerk for the sole landowner-voter eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, the City of Turlock City Council has received, reviewed and hereby accepts the Clerk’s Certificate and wishes by this resolution to declare the results of the special mailed-ballot election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Turlock as follows:
Resolution No. 2026-
1. The City of Turlock City Council finds and determines that the foregoing recitals are true and correct.
2. The City of Turlock City Council hereby finds and determines and declares that the ballot measure submitted to the qualified elector of CFD No. 2 has been passed and approved by that qualified elector in accordance with Sections 53339.8 and 53355 of the Government Code, and the SUBJECT PROPERTY is hereby declared annexed to CFD No. 2 and made subject to the special tax of CFD No. 2 in accordance with the rate and method of apportionment of special tax previously approved for CFD No. 2.
3. The City of Turlock City Council hereby authorizes and directs the Clerk to cause the following:
a. The recordation with the Stanislaus County Recorder (the “County Recorder”) of the map titled “Proposed Boundaries, Annexation No. 40, City of Turlock Community Facilities District No. 2 (Services Mitigation),” which map is on file with the Clerk; and
b. The preparation and recordation with the County Recorder of a notice of special tax lien in accordance with the provisions of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code. Said notice shall be recorded in said County Recorder’s office within 15 days of today’s date.
4. This resolution shall take effect from and after its adoption.
PASSED AND ADOPTED at a meeting of the City Council of the City of Turlock this 13th day of January 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
_
Nicole Fiez, City Clerk
City of Turlock, County of
Stanislaus State of California
COMMUNITY FACILITIES
DISTRICT NO. 2
COUNTY RECORDER'S STATEMENT:
CITY CLERK'S STATEMENT:
200 400 800
SCALE: 1" = 400'
0 Phone (209) 571-1765 1165 Scenic Drive, Suite A
Modesto, CA 95350
Westwood Professional Services, Inc.
Westwood
westwoodps.com
PROPOSED BOUNDARIES OF
CITY OF TURLOCK
PORTION OF THE NE 1/4 OF SECTION 9,
TOWNSHIP 5 SOUTH, RANGE 10 EAST,
MOUNT DIABLO BASE AND MERIDIAN
ANNEXATION 40
COUNTY OF STANISLAUS, STATE OF CALIFORNIA
SEPTEMBER 12, 2025 SCALE 1" = 400'
PARCEL 1
City Council Staff Report
January 13, 2026
From: Paul Loehr, Risk Management Director
Prepared by: Paul Loehr, Risk Management Director
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Authorize the Interm City Manager to enter into another agreement with Legacy Health Endowment for the City to continue to support the Person-Centered Care Program from January 1, 2026 to December 31, 2026 and appropriate $300,000 from Fund 119 "American Rescue Plan Act" unassigned reserve to account 119-10-188.43060_000 “Contract Services General.”
2. NARRATIVE:
The City’s participation in the Person-Centered Care Program started as a recommendation in a report from the City’s Ad Hoc Committee on the Homeless that was presented to the City Council on February 22, 2022. Contained within that report was a recommendation to prevent additional homelessness by supporting Legacy Health Endowment's (LHE) program for respite care and homemaker services for families in need. As noted in the report, the need to assist families caring for aging parents, a spouse or partner with dementia or Alzheimer’s, or families caring for a disabled child or adult increases as the City's population ages in place. This program provides those eligible residents with respite care and homemaker services at no cost.
On May 24, 2022, the City Council initially approved a $200,000 grant using City American Rescue Plan Act (ARPA) funds to supplement the $650,000 funding that LHE secured to implement a pilot program to provide Person-Centered Care services to qualifying individuals and families. The $200,000 provided by the City was used to increase the program scope solely for residents of Turlock. The goal of the program was, and still remains, to prevent residents who live at home from being unnecessarily displaced into long-term care facilities or homelessness by providing respite care and homemaker services to them at home. On October 10, 2023, the City Council approved another agreement with LHE to continue support for the Person-Centered Care Program for an additional year from October 1, 2023 to September 30, 2024. A budget appropriation was approved in the amount of $400,000 from ARPA funds to pay for these services. Finally, on August 27, 2024, the City Council approved the most recent request to continue support for the Person-Centered Care Program for another year from October 1, 2024 to September 30, 2025 using ARPA funding in the amount of $400,000.
As previously reported, eligible seniors and disabled Turlock residents qualify for services that range from respite care, homemaker services, mental health assistance, palliative care, food assistance, medication assistance, home modifications, durable medical equipment support, and access to primary care providers through this program. The program aims to provide an added layer of support for families who are caring for aging or chronically ill individuals at home by increasing their access to medical and nonmedical resources and services in the community. Jeffrey Lewis, President and Chief Executive Officer of LHE, will
Agenda Staff Report
1/13/2026
provide an update of the program at the City Council meeting. In terms of the program demographics, 69 participants are currently being served in Turlock, with 62% of those enrolled in the program being female and the average age of enrollees being 76 years old.
It is worth mentioning that 81% of Turlock enrollees reported two or more chronic conditions and 92% of enrollees reported needing assistance with two or more Activities of Daily Living (ADL). Mr. Lewis' update will include additional information on program demographics, participant comorbidities and ADLs, program results, program costs, a participant story, and the positive impact of the program.
3. FISCAL IMPACT / BUDGET AMENDMENT:
A budget appropriation is necessary in the amount of $300,000 to fund the program as requested. The City Council has the option to appropriate unrestricted reserves from Fund 119 “American Rescue Plan Act” to account 119-10-188.43060_000 “Contract Services General” for the one-year term of this contract.
4. 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.
5. ATTACHMENTS:
1. Resolution - Agreement for Person-Centered Care Program 1-13-2026
2. Agreement - Person-Centered Care Program 1-13-2026
3. LHE PCC 12 23 25
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF AUTHORIZING THE } RESOLUTION NO. 2026- INTERIM CITY MANAGER TO ENTER INTO }
ANOTHER AGREEMENT WITH LEGACY }
HEALTH ENDOWMENT FOR THE CITY TO }
CONTINUE TO SUPPORT THE PERSON- }
CENTERED CARE PROGRAM FROM }
JANUARY 1, 2026 TO DECEMBER 31, 2026 AND }
APPROPRIATE $300,000 FROM FUND 119 }
“AMERICAN RESCUE PLAN ACT” UNASSIGNED}
RESERVE TO EXPENSE ACCOUNT NUMBER }
119-10-188.43060_000 “CONTRACT SERVICES }
GENERAL” }
WHEREAS, the City’s participation in the Person-Centered Care Program started as a recommendation in a report from the City’s Ad Hoc Committee on the Homeless that was presented to the City Council on February 22, 2022. Contained within that report was a recommendation to prevent additional homelessness by supporting Legacy health Endowment's (LHE’s) program for respite care and homemaker services for families in need. As noted in the report, the need to assist families caring for aging parents, a spouse or partner with dementia or Alzheimer’s, or families caring for a disabled child or adult increases as the City's population ages in place. This program provides those eligible residents with respite care and homemaker services at no cost; and WHEREAS, on May 24, 2022, the City Council approved a $200,000 grant from City American Rescue Plan Act (ARPA) funds to supplement the $650,000 funding that LHE secured to implement a pilot program to provide Person-Centered Care services to qualifying individuals and families. The $200,000 provided by the City was used to increase the program scope solely for residents of Turlock. The goal of the program was, and still remains, to prevent residents who live at home from being unnecessarily displaced into long-term care facilities or homelessness by providing respite care and homemaker services to them at home.
WHEREAS, on October 10, 2023, the City Council approved another agreement with LHE to continue to support the Person-Centered Care Program for an additional year from October 1, 2023 to September 30, 2024. A budget appropriate was approved in the amount of $400,000 from ARPA funds to pay for these services; WHEREAS, on August 27, 2024, the City Council approved the most recent request to continue support for the Person-Centered Care Program for another year from October 1, 2024 to September 30, 2025 using ARPA funding in the amount of $400,000.
WHEREAS, this request is to continue to support the Person-Centered Care Pilot Program for another year from January 1, 2026 to December 31, 2026 by approving another City-provided grant in the amount of $300,000 using ARPA funding.
Resolution No. 2026-
WHEREAS, included with this report is an annual update from Jeffrey Lewis with LHE on the Person-Centered Care Program. As reported, eligible seniors and disabled Turlock residents qualify for services that range from respite care, homemaker services, mental health assistance, palliative care, food assistance, medication assistance, home modifications, durable medical equipment support, and access to primary care providers through this program. The program aims to provide an added layer of support for families who are caring for aging or chronically ill individuals at home by increasing their access to medical and nonmedical resources and services in the community; and WHEREAS, in terms of the program demographics, 69 participants are currently being served in Turlock, with 62% of those enrolled in the program being female and the average age of enrollees being 76 years old. It is worth mentioning that 81% of Turlock enrollees reported two or more chronic conditions and 92% of enrollees reported needing assistance with two or more Activities of Daily Living (ADL). Mr. Lewis' update will include additional information on program demographics, participant comorbidities and ADLs, program results, program costs, a participant story, and the positive impact of the program.; and
WHEREAS, if approved, LHE will continue to monitor the program and provide an annual update to the City Council on measurable results of the program so that future assessments can be made by the City Council of the City’s continued support of the program; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby authorize the City Manager to enter into another agreement, with Legacy Health Endowment for the City to continue to support the Person-Centered Care Program from January 1, 2026 to December 31, 2026 and appropriate $300,000 from Fund 119 (American Rescue Plan Act (ARPA)) Unassigned Reserve to Expense Account Number 119-10-188.43060_000 “Contract Services General.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of January 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
___________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
December 2025
Confidential and proprietary document by Sharecare, Inc. Dates and materials are subject to change.
Person-Centered
Care Program
Program Update
Program Demographics
PERSON-CENTERED CARE PROGRAM
2 69 Participants served from Turlock
76 Average age of enrollees
23% Enrollees living alone
62% Female enrollees
81% Enrollees reporting 2 or more
chronic conditions
33% Enrollees reporting mobility issues
92% Enrollees reporting 2 or more
Activities of Daily Living (ADL) needs
31% Reporting Diabetes as diagnosis
Comorbidities and ADLs
PERSON-CENTERED CARE PROGRAM
3 Self-reported Conditions Percentage
Impaired mobility/weakness/paralysis 38%
Diabetes (w/ and without complications) 29%
Cancer 24%
Lung Disease, COPD 21%
Cardiovascular Disease 18%
ALS/Parkinsons/Neurodegenerative Disease 18%
Arthritis/Chronic Pain 18%
Hypertension 12%
Dementia or Cognitive Impairment 12%
Behavioral Health (Anxiety, Depression, PTSD) 12%
Stroke 6%
Hearing Impaired or Blind 3%
Kidney Disease / Epilepsy 1%
Activities of Daily Living (ADL) Needs Percentage
Light Housekeeping 81%
Mobility 65%
Meal Preparation 60%
Bathing 59%
Grocery Shopping or Errands 56%
Transfers (in/out of bed, chair) 55%
Laundry 54%
Managing medications 48%
Transportation 48%
Dressing 47%
Grooming 40%
Toileting 36%
Feeding 35%
Other (Companionship) 27%
Program Results
PERSON-CENTERED CARE PROGRAM
4 Non-professional caregivers experienced a large reduction in burden—especially those under significant strain.
High-Stress Caregivers:
• Those who began with the highest burden saw the greatest impact o Their average starting score was 20.7 (out of a maximum 30 points) o Their scores went down by 13.1 points, a 63.6% decrease All Caregivers with Positive Baseline Scores:
• Their average starting score was 19.7
• Their scores went down by 7.7 points, a 39.1% decrease All Caregivers with Positive Baseline
Burden Score (>0)
Caregivers with Positive Baseline and a
Decrease in Burden Score
Number of Participants 54 38
Avg Baseline Score 19.7 20.7
Avg Final Score 12.1 7.5
Avg Change in Score -7.7 -13.1
P-values:
All Caregivers: 0.007
Positive Baseline Score: <0.001
Positive Score + Decrease: <0.001
Caregiver Burden Among the Care Recipients’ Friend and Family Caregivers Summary
Program Results
PERSON-CENTERED CARE PROGRAM
5 Positive Baseline Score Positive Score + Decrease
# of Positive Screens 23 14
Avg Baseline Score 6.9 7
Avg Final Score 5.3 4.1
Avg Decrease in Score 1.6 2.9
P-values:
Positive Baseline Score: 0.008
Positive Score + Decrease: <0.001
Loneliness Among Care Recipients
Participants experiencing loneliness saw measurable improvements over time.
Participants Analyzed:
• 84 total with multiple check-ins
• 23 had positive loneliness scores at baseline and were included in the analysis Results for Those with High Loneliness:
• Average reduction: 1.6 points (↓ 23.4%)
• Impact: 47.8% improved enough to move into the “No or Mild” loneliness category Summary
Program Cost Impact
PERSON-CENTERED CARE PROGRAM
6 Living Arrangement Monthly Median Cost
(2025) - California*
Assisted Living $6,631/month
Nursing Home:
Semi-private Room $12,101/month
Nursing Home:
Private Room $14,037/month
*Source: Cost of Long-Term Care by
State | Cost of Care Report | Genworth
41,418
Total hours of in-home, non-medical care
$1,344/month
Cost to cover 32 hours per month of in-home,
community-based care
Member Story
PERSON-CENTERED CARE PROGRAM
7 Age & Gender
• 95-year-old female
Medical History
• Alzheimer’s disease
• Hypertension
• Dementia
Program Enrollment
• Enrolled since: March 2023
• Services received: Over 32 hours of free
care monthly
Program Impact
• Goal: Prevent institutionalization and
unnecessary hospitalizations
Age & Gender
• 65-year-old male
Member Health Status
• Cancer
• Undergoing active radiation therapy
• Suffered a stroke resulting in left-side paralysis
Partner Health Status
• 77-year-olf female
• Managing multiple chronic conditions
• Cancer, Barrett's Esophagus, Diverticulitis
Program Support
• The couple received 64 hours of free respite care
• Support provided to aid both in recovery
Confidential and proprietary document by Sharecare, Inc. Dates and materials are subject to change. Confidential and proprietary document by Sharecare, Inc. Dates and materials are subject to change.
Program Impact
PERSON-CENTERED CARE PROGRAM
• Reduced caregiver burden less likely to
be institutionalized
• Reduced loneliness improved quality of
life, reduced mortality
• Lower cost of care as compared to
institutionalization strong ROI
• Better patient experience (care recipients
rated caregivers 4.9/5 for quality and
professionalism) they get to stay home
City Council Staff Report
January 13, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Elizabeth Hardwick, Staff Services Analyst Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Approving an agreement (City Contract No. 2026-085) with Guidepost Solutions LLC, in response to RFP No. 25-006, for Design Services for Camera System at City Locations for one (1) year, with the option for one (1) additional one (1) year term, with a total amount not to exceed $165,300, to be funded by Fund 120 (Tourism), Fund 217 (Gas Tax), and Fund 420 (Water)
Resolution: Appropriating $138,000 from Fund 120 “Tourism” unallocated reserves to expense account 120-10-120.43060_000 “Contract Services General”; $17,000 from Fund 217 “Gas Tax” unallocated reserves to expense account 217-50-510.43060_000 “Contract Services General”; and $12,000 from Fund 420 “Water Fund” unallocated reserves to expense account 420-52-550.43060_000 “Contract Services General”, for professional design services for camera systems at City locations
2. NARRATIVE:
The City of Turlock is undertaking an initiative to enhance public safety, deter criminal activity, and support long-term infrastructure planning through the development of a comprehensive camera system plan for City-owned facilities. These facilities include, but are not limited to, public parks, water wells, storm basins, and other critical City locations.
The proposed camera system plan will provide a standardized and strategic framework for future camera installation, ensuring consistency in design, coverage, technology, and integration across departments. Developing this plan in advance of installation will improve efficiency, reduce long-term costs, and support informed decision-making for future capital investments.
To support this effort, the City’s Purchasing Division issued Request for Proposals (RFP) No. 25-006 on August 14, 2025, seeking qualified firms to provide professional design services for camera systems at City locations. Two firms submitted proposals in response to the RFP. Following a thorough evaluation process, Guidepost Solutions LLC was determined to be the most qualified firm based on experience, technical expertise, and demonstrated ability to meet the City’s project objectives.
The proposed agreement with Guidepost Solutions LLC will provide professional design services necessary to assess City facilities, identify coverage needs, recommend appropriate technologies, and develop design standards that will guide future procurement and installation efforts. Staff recommends approval of the agreement to allow this work to proceed.
Agenda Staff Report
1/13/2026
3. FISCAL IMPACT / BUDGET AMENDMENT:
The total cost of professional services under this agreement shall not exceed $165,300. An appropriation of funds is required to support this project, allocated based on the scope of work and the facilities involved, as follows:
• $138,000 from Fund 120, Tourism reserves, to 120-10-120.43060_000 "Contract Services General".
• $17,000 from Fund 217, Gas Tax reserves, to 217-50-510.43060_000 "Contract Services General".
• $12,000 from Fund 420, Water Fund reserves, to 420-52-550.43060_000 "Contract Services General".
There are sufficient funds available in the identified reserves to support this appropriation in Fiscal Year 2025-2026.
4. 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.
5. ATTACHMENTS:
1. Draft Resolution
2. City Contract 2026-085 with Guidepost
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2026-
WHEREAS, the City of Turlock seeks to enhance public safety, deter criminal activity, and support future infrastructure investment by developing a comprehensive camera system plan for public parks, water wells, storm basins, and other City facilities; and
WHEREAS, on August 14, 2025, the City issued Request for Proposals (RFP) No. 25-006 for professional design services to develop a comprehensive camera system plan for City locations; and
WHEREAS, following evaluation of proposals received in response to RFP No. 25- 006, Guidepost Solutions LLC was selected as the most qualified firm to provide the required professional design services; and
WHEREAS, the City Council is considering approval of an agreement with Guidepost Solutions LLC for Design Services for Camera Systems at City Locations in an amount not to exceed $165,300; and
WHEREAS, the cost of these professional services is appropriately allocated based on the scope of work, with storm basin-related work funded by Gas Tax funds, water well-related work funded by Water Fund resources, and all remaining work funded by Transient Occupancy Tax (TOT) funds; and
WHEREAS, an appropriation of funds is required to support this effort, including $138,000 from Fund 120 “Tourism”, $17,000 from Fund 217 “Gas Tax”, and $12,000 from Fund 420 “Water Fund”, to be expensed to the applicable Contract Services General accounts for design services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock hereby approves the appropriation of $138,000 from Fund 120 “Tourism” unallocated IN THE MATTER APPROPRIATING $138,000
FROM FUND 120 “TOURISM” UNALLOCATED
RESERVES TO EXPENSE ACCOUNT 120-10-
120.43060_000 “CONTRACT SERVICES
GENERAL”; $17,000 FROM FUND 217 “GAS
TAX” UNALLOCATED RESERVES TO
EXPENSE ACCOUNT 217-50-510.43060_000
“CONTRACT SERVICES GENERAL”; AND
$12,000 FROM FUND 420 “WATER FUND”
UNALLOCATED RESERVES TO EXPENSE
ACCOUNT 420-52-550.43060_000 “CONTRACT
SERVICES GENERAL, FOR PROFESSIONAL
DESIGN SERVICES FOR CAMERA SYSTEMS
AT CITY LOCATIONS
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
Resolution No. 2026-
reserves to expense account 120-10-120.43060_000 “Contract Services General”; $17,000 from Fund 217 “Gas Tax” unallocated reserves to expense account 217-50- 510.43060_000 “Contract Services General”; and $12,000 from Fund 420 “Water Fund” unallocated reserves to expense account 420-52-550.43060_000 “Contract Services General”, for professional design services for camera systems at City locations.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13th day of January 2026, 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. 2026-085 Page 10
{PLA2023}
05/27/2025
AGREEMENT BETWEEN THE CITY OF TURLOCK
and
GUIDEPOST SOLUTIONS LLC
for
Design Services for Camera System at City Locations
City Contract No. 2026-085
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Guidepost Solutions LLC, a limited liability company (“Professional”), on this 13th day of January, 2026 (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 design services for camera system at city locations (the “Project”).
B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services in Exhibit A attached hereto and incorporated herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
C. The Parties have outlined the schedule or timeline for providing the Services (“Completion Schedule”), which shall be included in the Scope of Services in Exhibit A.
D. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in the Scope of Services in Exhibit A.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
CITY CONTRACT NO. 2026-085 Page 11
{PLA2023}
05/27/2025
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 Sections 1 through 53 of this Agreement, Sections 1 through 53 shall prevail.
2. Term. The term of this Agreement shall be one (1) years and will commence on the Effective Date and terminate on the 12th day of January, 2027 (“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 (1) year 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 both Parties.
5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in Exhibit A. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
5.3. Professional Requested Modification in Services. Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(a) Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
CITY CONTRACT NO. 2026-085 Page 12
{PLA2023}
05/27/2025
(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 FranciscoOakland 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 one hundred sixty-five thousand three hundred and No/100ths Dollars ($165,300) (“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.
7. Notice to Proceed. Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”).
CITY CONTRACT NO. 2026-085 Page 13
{PLA2023}
05/27/2025
8. Time of Performance. Professional warrants that it will commence performance of the Services within ten (10) 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 qualified 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 similar, 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 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.
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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 instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations.
Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall 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.
14. Contact by Professional with Project Owner or Project Applicant. Unless otherwise set forth in the Services, neither Professional nor Professional's subcontractors shall directly contact the owner of the property involved in the Project or any party who is the applicant for the
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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 controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, 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 disclosure 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 purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
18. Suspension of Services by City. City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for
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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 Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City 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) days 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 its 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 costs incurred by or on behalf of Professional after the date of the notice of termination.
21. Assurance of Performance. If, at any time, City believes Professional may 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 substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
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Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately 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 language 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 claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of 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
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writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and 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 Liability. 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 Dollars ($1,000,000.00) limit for each employee’s bodily injury by disease.
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25.3. Professional Liability. Professional shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing professional 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 selfinsured 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 insurance 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, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional 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 Professional, its agents, employees, independent contractors and subcontractors. Professional shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Professional agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.
26. Additional Insurance Requirements. 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
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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 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 any negligent, tortious or intentionally wrongful 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 creating 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 have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.
30. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
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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.
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: Municipal Services
156 S. Broadway, Suite 150
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: Guidepost Solutions LLC
Attn: Anthony Collura, COO and CLO
260 Madison Avenue – Third Floor
New York, NY 10016
[email protected]
(212) 817-6700
33. City Contract Administrator. City’s contract administrator and contact person for this Agreement is:
Christopher Fisher
156 S. Broadway, Suite 150
Turlock, California 95380
Telephone: (209) 668-5520
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}
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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 consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
39. Authority. All Parties to this Agreement warrant and 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 provision 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
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be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten 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 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 for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
50. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
51. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in 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.
GUIDEPOST SOLUTIONS LLC,
a limited liability company
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:
Christopher Fisher, Municipal Services Director
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
VP, Healthcare, Education, and Life Safety Jordan Ferrantelli 12/22/25
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
Exhibit A for City Contract 2026-085
City Council Staff Report
January 13, 2026
From: George Petrulakis, City Attorney
Jason Hedden, Police Chief
Prepared by: George Petrulakis, City Attorney, Jason Hedden, Police Chief Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Ordinance: Urgency Ordinance: Motion Introducing and waiving the First Reading of an Urgency Ordinance, waiving all future readings, making findings and establishing a temporary moratorium on the establishment of new, and relocation or physical expansion of existing tobacco retailer businesses, also known as smoke shops, within the City of Turlock to become effective immediately.
2. NARRATIVE:
Under the California Constitution Article XI, Section 7, and pursuant to its police powers, the City of Turlock is authorized to implement regulations for a public purpose and for the general welfare. The City aims to protect the public health, safety, and welfare of its residents through zoning, licensing, and safety regulations of specific commercial activities.
California Government Code section 36937 authorizes the City Council to adopt an urgency ordinance for “the immediate preservation of the public peace, health, or safety.” Government Code section 65858 authorizes the City Council to adopt an interim ordinance “to protect the public safety, health, and welfare… to prohibit any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time.” The proposed Urgency Ordinance establishing a moratorium on Smoke Shops is included as Attachment 1.
Many state laws have been adopted which acknowledge the public health impacts of tobacco, especially flavored tobacco products, and specifically its effect on minors. For example, state law prohibits public school students from smoking or using tobacco products, while on campus, white attending school-sponsored activities, or while under the supervision or control of school district employees. State law also prohibits smoking in playgrounds as well as smoking within 20 feet of the main entrances and exits of public buildings.
In 2022 California voters upheld the state law (“SB 793”) prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, most flavored tobacco products including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations. Since then, legislation has been passed further strengthening the regulation of flavored tobacco, making any and all flavored tobacco and tobacco products prohibited.
The most recent legislation was passed in October 2025. Flavored tobacco is a special concern as such products are sought out by youth and nicotine is especially harmful to them.
A representative sample of information explaining these threats is provided as Attachment
2.
Agenda Staff Report
1/13/2026
On December 17, 2025 Turlock Police Department, through its Street Crimes Unit (“SCU”), in coordination with the California Department of Tax and Fee Administration (“CDTFA”), conducted a City-led, multi-agency operation addressing Smoke Shops operating within the City. SCU and CDTFA were attempted to inspect five Smoke Shops, however, two Smoke Shop establishments were found to be closed during normal business hours, limiting the ability of City and state agencies to assess compliance at those locations. Nevertheless, the three Smoke Shops that were inspected were found to be in major violation of several state laws regarding flavored tobacco and cannabis.
At the first inspected Smoke Shop location, enforcement personnel documented approximately forty-two (42) packages of flavor-enhancer additives, fifteen (15) vaping products, eighteen (18) packages of THC products, and approximately thirty (30) packages of flavored tobacco products.
At the second inspected Smoke Shop location, enforcement personnel documented approximately seventeen (17) packages of flavor-enhancer additives, forty-four (44) THC products including vape pens and cartridges, and approximately fifty-seven (57) packages of flavored tobacco products.
At a third inspected Smoke Shop location, enforcement personnel documented hundreds of packages of flavor-enhancer and flavored tobacco, more than two hundred fifty (250) individual flavored nicotine cartridges, and approximately twenty (20) packages of THC products.
In total, the SCU and CDTFA were able to recover thirty (30) evidence boxes of prohibited products in one day. The quantity and variety of the products confiscated during the operation reflected commercial-scale retail distribution rather than isolated or inadvertent noncompliance. Many of these prohibited products are flavored tobacco products aimed at youth. Representative photographs from the City’s Smoke Shop operation are shown in Attachment 3.
The City seeks to modernize and strengthen the City’s current approach to Smoke Shops due to the high volume of illegal sales of flavored tobacco in the City and other illegal activity such as THC sales, making these businesses a source of significant unlawful activity.
Given these circumstances, the City recognizes the urgent need to address this public health and safety issue. There exists a current and immediate threat to the public health, safety, and welfare that necessitates the adoption of this interim urgency ordinance to temporarily prohibit the establishment, relocation, or expansion of Smoke Shops while the City evaluates and adopts permanent regulatory measures. The proposed moratorium on tobacco retailer businesses aims to tackle the immediate concerns of increased accessibility and the attractiveness of tobacco products to the City’s youth, and increasing amounts of crime and safety issues presented by such businesses. The moratorium will provide the City with the necessary time to assess the current situation, consider possible regulations and measures to protect the community and bring forward a proposed path forward to the Council.
This moratorium will apply exclusively to retailers within the City that meet the criteria of a
Agenda Staff Report
1/13/2026
“tobacco retailer business” which means a retailer or wholesale business or any person that:
(1) sells, offers for sale, or offers to exchange for any form of consideration, tobacco, hemp products, tobacco products, or tobacco and cannabis paraphernalia; and (2) has 25% or more of the square feet in the establishment used for the sale or display of tobacco, tobacco products, or tobacco and cannabis paraphernalia, as defined in the Urgency Ordinance.
During the moratorium, no new license, permit, or other land use approval may be approved or issued by the City. This includes the issuance of a business license, building permit, conditional use permit, or other land use approval for the establishment, relocation, or physical expansion of a tobacco retailer business.
The attached Urgency Ordinance includes the requisite Government Code findings and, if adopted, would provide a 45-day moratorium to provide staff with time to research, study, and prepare recommendations for the Council’s consideration. If adopted, no new tobacco retailing business, use, or operation may be established in the City. Such an ordinance must be approved by a four-fifths vote of the Council. Thereafter, the Urgency Ordinance would remain in effect for 45 days unless repealed, terminated, or extended by the Council pursuant to Government Code section 65858.
3. FISCAL IMPACT / BUDGET AMENDMENT:
This item has no fiscal impact.
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of CEQA pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that adoption of the Urgency Ordinance has no possibility of resulting in a significant effect on the environment.
5. ATTACHMENTS:
1. Urgency Ordinance
2. Information Regarding Threat to Youth
3. Photographs from Turlock Police Department Smoke Shop Operation
Attachment 1
Urgency Ordinance
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
WHEREAS, the City of Turlock (“City”) is a General Law City under the constitution and laws of the State of California; and
WHEREAS, the City Council has broad discretion pursuant to California Constitution Article XI, Section 7; and the general law of the state, including, but not limited to, the California Planning and Zoning Law (Gov. Code section 65000 et seq.), to legislate for public purposes and for the general welfare, including, but not limited to, matters of public health, safety, and welfare; and WHEREAS, the City protects the public health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing, and health and safety regulations on specified commercial activities; and WHEREAS, Government Code section 65858, subdivision (a) provides that the legislative body of a city may, to protect the public safety, health, and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal the City Council is considering or studying or intends to study; and WHEREAS, many state laws have been adopted, which acknowledge the public health impacts of tobacco, especially flavored tobacco products, and specifically its effect on minors. For example, state law prohibits public school students from smoking or using tobacco products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees. State law also prohibits smoking in playgrounds. State law also prohibits smoking within twenty (20) feet of the main entrances and exits of public buildings; and WHEREAS, on November 8, 2022, California voters upheld the state law (“SB 793”) prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, most flavored tobacco products including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations; and
WHEREAS, on October 7, 2023, Governor Newsom signed into law AB 935, strengthening the enforcement of the flavored tobacco retail law and broadening the definition of retail location; and
WHEREAS, in September 2024, Governor Newson signed into law AB 3218 and SB 1230, furthering the regulation of flavored tobacco products; and }
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ORDINANCE NO. 13XX-CS
AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TURLOCK MAKING
FINDINGS AND ESTABLISHING A TEMPORARY
MORATORIUM ON THE ESTABLISHMENT OF
NEW, AND RELOCATION OR PHYSICAL
EXPANSION OF EXISTING, TOBACCO RETAILER
BUSINESSES, ALSO KNOWN AS SMOKE
SHOPS, WITHIN THE CITY OF TURLOCK TO
BECOME EFFECTIVE IMMEDIATELY
Ordinance. 13XX-CS
WHEREAS, on October 3, 2025, Governor Newsom signed into law AB 573, increasing state licensing fees for retailers; and
WHEREAS, the City Council seeks to modernize and strengthen the City’s regulatory approach to Tobacco Retailer Businesses and Smoke Shop uses (together, “Smoke Shops”) in order to address evolving public health concerns, land-use impacts, and enforcement challenges associated with such businesses, and to ensure that local regulations are current, effective, and aligned with state law and community standards; and
WHEREAS, on December 17, 2025, the Turlock Police Department, through its Street Crimes Unit (“SCU”), in coordination with the California Department of Tax and Fee Administration (“CDTFA”), conducted a City-led, multi-agency operation addressing Smoke Shops operating within the City; and
WHEREAS, the SCU is a specialized unit composed entirely of sworn Turlock Police Department officers and conducted the operation as part of the City’s ongoing local enforcement efforts; and
WHEREAS, during that operation, three Smoke Shop locations were inspected and each location was found to be offering for sale substantial quantities of prohibited or unlawfully regulated products, including flavored tobacco products, flavored nicotine products, vaping products, chemical flavor-enhancer additives; and
WHEREAS, during that operation, locations were also found to be offering for sale products marketed or labeled as containing tetrahydrocannabinol (“THC”) or THC analogs, including vape pens and cartridges, despite not being licensed cannabis retailers under state law; and WHEREAS, at one inspected Smoke Shop location, enforcement personnel documented approximately forty-two (42) packages of flavor-enhancer additives, fifteen (15) vaping products, eighteen (18) packages of THC products, and approximately thirty (30) packages of flavored tobacco products; and
WHEREAS, at a second inspected Smoke Shop location, enforcement personnel documented approximately seventeen (17) packages of flavor-enhancer additives, forty-four (44) THC products including vape pens and cartridges, and approximately fifty-seven (57) packages of flavored tobacco products; and
WHEREAS, at a third inspected Smoke Shop location, enforcement personnel documented hundreds of packages of flavor-enhancer and flavored tobacco, more than two hundred fifty (250) individual flavored nicotine cartridges, and approximately twenty (20) packages of THC products; and
WHEREAS, the quantities and variety of products documented during the enforcement operation reflected commercial-scale retail distribution rather than isolated or inadvertent noncompliance, and enforcement personnel collected approximately thirty (30) evidence boxes of prohibited products in a single day; and
WHEREAS, during the same enforcement operation, enforcement personnel attempted to inspect additional Smoke Shop locations within the City, but two known Smoke Shop establishments were found to be closed during normal business hours, limiting the ability of City
Ordinance. 13XX-CS
and state agencies to assess compliance at those locations; and WHEREAS, the City Council finds that the sale of flavored tobacco products, flavored nicotine products, and THC-containing or THC-labeled products in Smoke Shops presents heightened risks to public health and safety, particularly with respect to youth access, and creates significant enforcement challenges for City and state agencies; and WHEREAS, the City Council further finds that the documented enforcement conditions identified through City-led operation demonstrate the need for the City to study and adopt appropriate zoning, licensing, and operational standards applicable to Smoke Shops; and WHEREAS, the City Council further finds that allowing the establishment of additional Smoke Shops or the relocation or physical expansion of existing Smoke Shops during the pendency of that study would likely exacerbate existing enforcement difficulties, increase the availability of prohibited products, strain limited City resources, and undermine the City’s ability to protect the public health, safety, and welfare; and
WHEREAS, based on the specific facts described above, the City Council finds that there exists a current and immediate threat to the public health, safety, and welfare that necessitates the adoption of this interim urgency ordinance to temporarily prohibit the establishment, relocation, or expansion of Smoke Shops while the City evaluates and adopts permanent regulatory measures; and
WHEREAS, Government Code section 36937 authorizes the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety; and WHEREAS, Government Code section 65858 provides that to protect against any current and immediate threats to public health, safety, or welfare, the City Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City plans to study; and WHEREAS, the City is studying zoning and other proposals to regulate Smoke Shops; and WHEREAS, this temporary moratorium will provide City staff and the Planning Commission with the opportunity to study the various options to regulate Smoke Shops.
NOW, THEREFORE, the City Council of the City of Turlock hereby ordains as follows:
SECTION 1. Recitals.
The above recitals are true and correct and are hereby adopted as the City Council’s findings.
SECTION 2. Purpose and Authority.
In the interest of protecting the health, safety, and welfare of the residents in the City of Turlock, it is the purpose and intent of this urgency ordinance to place a temporary moratorium on the issuance of any new permit, license, or other entitlement including, without limitation, zoning approvals, zoning certificates, and business licenses, for any tobacco retailer business, also known as Smoke Shops, in the City of Turlock. This includes any new permit, license, or other entitlement for the relocation or physical expansion of existing business falling under the definition of a tobacco retailer as defined under this ordinance. The City Council has the authority to adopt
Ordinance. 13XX-CS
this ordinance pursuant to California Government Code sections 36937 and 65858 as an urgency measure prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying.
SECTION 3. Additional Findings.
The City Council hereby finds and determines that all of the foregoing recitals and findings are true and correct and are incorporated herein by reference. The City Council further finds that Smoke Shops constitute an immediate threat to the public health, safety, and welfare. Recent Turlock Police Department operations have demonstrated ongoing and commercial-scale availability of prohibited products in Smoke Shops within the City. Many of these prohibited products are flavored tobacco products aimed at youth. Existing City regulatory tools require modernization to adequately address the impacts associated with Smoke Shops. The approval of additional entitlements for Smoke Shops and approval of the relocation or physical expansion of existing Smoke Shops under the City’s current regulations will further threaten the public health, safety, and welfare and would exacerbate these documented existing risks. The adoption of this urgency ordinance is therefore necessary for the immediate protection of public health, safety, and welfare.
SECTION 4. Definitions.
A. “Person” shall mean any individual natural person, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
B. “Tobacco Paraphernalia” means any device, product, equipment, or material of any kind that is intended or designed for use for smoking, inhaling, or ingesting tobacco or cannabis, notwithstanding that the device, product, equipment, or material may also be used for smoking, inhaling, or ingesting any controlled substance. Tobacco paraphernalia includes, but is not limited to, all of the following: (i) metal, ivory, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured bowls; (ii) water pipes; (iii) bongs; (iv) chillums; (v) ice pipes or chillers; (vi) cigarette papers or wrappers; (vii) cigarette rolling machines; (viii) blunt wraps, as defined in Section 308 of the Penal Code; (ix) hookahs and similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested; and (x) any electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. Tobacco Paraphernalia shall include any component, part, or accessory of the foregoing, whether or not sold separately.
C. “Tobacco Product” means any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, e-cigarettes (with or without flavoring), cigars, little cigars, chewing tobacco, pipe tobacco, or snuff, or vaping accessories. Tobacco Product shall include any component, part, or accessory of the foregoing, whether or not sold separately. Tobacco Product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketing and
Ordinance. 13XX-CS
solely for such an approved purpose.
D. “Tobacco Retailer Business” or “Smoke Shop” shall mean a retailer or wholesale business or any person that: (1) sells, offers for sale, or offers to exchange for any form of consideration, tobacco, hemp products, Tobacco Products, or Tobacco Paraphernalia; and (2) has twenty-five percent (25%) or more of the square feet in the establishment used for the sale or display of tobacco, hemp products, Tobacco Products, or Tobacco Paraphernalia.
SECTION 5. Moratorium Imposed.
A. Scope. In accordance with the authority granted the City of Turlock under Article XI, Section 7 of the California Constitution and California Government Code section 65858, from and after the effective date of this ordinance, no license, permit, certificate or other entitlement for use, including, but not limited to, the issuance of a business license, building permit, conditional use permit, zoning certificate or other land use approval, shall be approved or issued by the City for the establishment, relocation or physical expansion of a Tobacco Retailer Business. Additionally, the establishment, relocation, or physical expansion of the Tobacco Retailer Business is hereby expressly prohibited in all areas and zoning districts of the City.
B. Exceptions. This ordinance shall not prohibit the renewal of a business license for an existing Tobacco Retailer Business, provided that the renewal seeks to maintain the business without physical expansion and in its current location, and the Tobacco Retailer Business is operating in a manner, and housed within a building, which complies with all City, State, Federal, or otherwise applicable, codes, rules, regulations, or laws.
SECTION 6. Violation.
Except as otherwise permitted under this ordinance, the establishment, relocation, or physical expansion of a Tobacco Retailer Business within the limits of the City is declared to be a public nuisance. Violations of this ordinance may be enforced by any applicable laws or ordinances, including, but not limited to, injunctions or administrative or criminal penalties under the Turlock Municipal Code.
SECTION 7. Term of Ordinance.
This ordinance shall be in effect from the date of adoption for a period of forty-five (45) days, unless it is extended pursuant to California Government Code section 65858 or other applicable law, as approved by the City Council.
SECTION 8. Environmental Review / California Environmental Quality Act (CEQA).
This ordinance is intended to preserve the status quo, and it will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. The enactment of this ordinance, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA.
SECTION 9. Severability.
Ordinance. 13XX-CS
If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions be severed, and the balance of the ordinance be enforced.
SECTION 10. Effective Date and Publication.
This ordinance, passed by at least a four-fifths vote of the City Council, is declared to be an interim urgency ordinance for preserving the public health, safety, and welfare and shall take effect and be enforced immediately upon adoption pursuant to Government Code section 36937.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 13TH day of January, 2026, by the following vote:
AYES: ( )
NOES: ( )
NOT PARTICIPATING: ( )
ABSENT: ( )
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
Attachment 2
Information Regarding Threat to Youth
Monitoring a Changing Tobacco Product Market in the United States https://truthinitiative.org/research-resources/emerging-tobacco-product... 3 of 5 Page 687 of 703
Monitoring a Changing Tobacco Product Market in the United States https://truthinitiative.org/research-resources/emerging-tobacco-product... 4 of 5 Page 688 of 703
Monitoring a Changing Tobacco Product Market in the United States https://truthinitiative.org/research-resources/emerging-tobacco-product... 5 of 5 Page 689 of 703
1400 I Street NW · Suite 1200 · Washington, DC 20005
Phone (202) 296-5469 · Fax (202) 296-5427 · www.tobaccofreekids.org In recent years, tobacco companies have significantly stepped up the introduction and marketing of flavored non-cigarette tobacco products, especially e-cigarettes. These products are widely available and popular with kids. Flavored e-cigarettes are undermining the nation’s overall efforts to reduce youth tobacco use and putting a new generation of kids at risk of nicotine addiction and the serious health harms that result from tobacco use.
Electronic Cigarettes Are the Most Popular Tobacco Product Among Youth Given the dramatic growth in the availability and marketing of e-cigarettes, it is no surprise that ecigarettes have been the most commonly used tobacco product among youth since 2014. Youth ecigarette use remains a serious public health concern, with over 1.6 million youth, including 7.8% of US high schoolers, reporting current e-cigarette use in 2024. 1 Each day, more than 3,500 kids (under 18) try
e-cigarettes for the first time.2
Youth are not just experimenting with e-cigarettes, but using them on a frequent basis, an indicator of serious addiction. In 2024, 42.1% of high school e-cigarette users reported vaping on 20 or more days/month, and 29.7% reported daily use. In total, 430,000 middle and high school students are vaping every single day.3 According to the FDA, “Teens who vape may end up addicted to nicotine faster than teens who smoke cigarettes. This is because vapes may expose users to more nicotine and may be used more frequently. Plus, e-cigarettes may come in flavors that appeal to youth. Appealing flavors may cause teens to vape longer and more often, putting them at risk for nicotine addiction.”4 E-Cigarettes are Widely Available in Kid-Friendly Flavors Internal tobacco industry documents show that tobacco companies have a long history of using flavors to reduce the harshness of their products to make them more appealing to new users, almost all of whom are under age 18.5 Not surprisingly, the youth e-cigarette epidemic coincided with an explosion of sweetflavored e-cigarette products.
In February 2020, the FDA restricted some flavors in cartridge-based e-cigarettes, but exempted mentholflavored e-cigarettes and left flavored e-liquids and disposable e-cigarettes widely available in every imaginable flavor. These products continue to drive e-cigarette sales as users have simply shifted to exempted products.:
• From February 2, 2020, to May 18, 2025, disposable e-cigarette sales increased by 202.5% (4.1 million units to 12.3 million units); their unit share increased from 26.0% to 60.9% of total ecigarette sales. As of May 18, 2025, 94.7% of disposable sales were for flavored products. 6 • As of May 18, 2025, menthol-flavored e-cigarette sales accounted for 26.2% of the overall ecigarette market and 60.3% of the prefilled cartridge market. 7 FLAVORED E-CIGARETTES HOOK KIDS
Flavored E-Cigarettes Hook Kids / 2
Flavored E-Cigarettes Are Popular Among Youth
Flavors play a major role in youth use of e-cigarettes because they mask the harsh taste and make it easier for new users to initiate use. In addition, many youth perceive flavored tobacco products to be less harmful.8 The 2016 Surgeon General Report on e-cigarettes concluded that flavors are among the most commonly cited reasons for using e-cigarettes among youth and young adults.9 • The 2024 NYTS found that 87.6% of youth e-cigarette users use flavored products. Among youth e-cigarette users, the most commonly used flavor types were fruit (62.8%), candy/desserts/other sweets (33.3%), mint (25.1%) and menthol (15.1%). In addition to mint and menthol, flavored ecigarettes with other cooling agents—often marketed as “ice” or “iced”—have also become popular with youth. In 2024, 54.6% of youth e-cigarette users reported using a flavor that included the word “ice” or “iced.” 10
• Data from the 2016-2017 wave of the PATH study it found that 70.3% say they use e-cigarettes “because they come in flavors I like.”11
• Disposable e-cigarettes come in a wide array of kid-friendly flavors, like cotton candy, strawberry, and mint, which have become increasingly popular among kids. In 2024, 55.6% of youth ecigarette users reported using disposable e-cigarettes.12 Among current youth users of flavored disposable e-cigarettes in 2023, the most popular flavor types are fruit (70.5%) and candy, desserts, and other sweets (39.8%).13 A recent study found that many unauthorized disposable ecigarettes contain neotame, an artificial sweetener that is thousands of times sweeter than sugar.14
Health Effects of Flavored E-Cigarettes
Flavored e-cigarettes contain nicotine, the highly addictive chemical that makes it so easy to get hooked on tobacco products and so hard to quit. According to the Surgeon General, “The use of products containing nicotine in any form among youth, including in e-cigarettes, is unsafe.”15 Nicotine can have lasting damaging effects on adolescent brain development—the brain keeps developing until about age
25. In particular, nicotine use can harm the parts of the adolescent brain responsible for attention, learning, mood and impulse control.16 Flavored e-cigarettes can set kids up for a lifetime of addiction.
Youth who use e-cigarettes are at greater risk of using more dangerous combustible tobacco products.17 Nicotine addiction can also make tobacco users more susceptible to addiction to other drugs such as cocaine and methamphetamine.18
Flavorings in e-cigarettes can also pose additional health hazards. CDC warns that the e-cigarette aerosol inhaled by users can contain harmful or potentially harmful chemicals, including “[f]lavorings such as diacetyl, a chemical linked to a serious lung disease. Some flavorings used in e-cigarettes may be safe to eat but not to inhale because the lungs process substances differently than the gut.” 19 In its 2024
report, the Surgeon General concluded, “Determinations that flavorants are ‘generally recognized as safe’ for use in foods are not applicable to the inhalation of tobacco products. These ingredients, when inhaled, may be directly toxic to the lungs or could result in higher absorption of toxicants.”20 According to the FDA, “Flavorings that are safe for use in food may become toxic when these chemicals are heated and inhaled. Some have been shown to be harmful to the lungs.”21 Campaign for Tobacco-Free Kids, August 21, 2025 / Laura Bach 1 Park-Lee, E., et al., “E-Cigarette and Nicotine Pouch Use Among Middle and High School Students — United States, 2024,” MMWR 73(35):774-778, September 5, 2024, https://www.cdc.gov/mmwr/volumes/73/wr/pdfs/mm7335a3-H.pdf. 2 Substance Abuse and Mental Health Administration (SAMHSA), HHS, Results from the 2024 National Survey on Drug Use and Health, NSDUH: Detailed Tables, Table 4.10A, https://www.samhsa.gov/data/report/2024-nsduh-detailed-tables. 3 Park-Lee, E., et al., “E-Cigarette and Nicotine Pouch Use Among Middle and High School Students — United States, 2024,” MMWR 73(35):774-778, September 5, 2024, https://www.cdc.gov/mmwr/volumes/73/wr/pdfs/mm7335a3-H.pdf. 4 FDA Center for Tobacco Products, Resources for Professionals About Vaping & E-Cigarettes: A Toolkit for Working with Youth, https://digitalmedia.hhs.gov/tobacco/hosted/Vaping-ECigarettes-Youth-Toolkit.pdf.
Flavored E-Cigarettes Hook Kids / 3
5 HHS, Preventing Tobacco Use Among Youth and Young Adults, A Report of the Surgeon General, 2012, http://www.cdc.gov/Features/YouthTobaccoUse/.
6 CDC Foundation, “Monitoring U.S. E-Cigarette Sales: National Trends,” https://tobaccomonitoring.org/. Data from Circana, which includes ecigarette sales data from convenience stores, gas stations and other retail store chains. Sales from the internet and tobacco-specialty stores, including vape shops, are not included.
7 CDC Foundation, “Monitoring U.S. E-Cigarette Sales: National Trends,” https://tobaccomonitoring.org/. Data from Circana, which includes ecigarette sales data from convenience stores, gas stations and other retail store chains. Sales from the internet and tobacco-specialty stores, including vape shops, are not included.
8 Huang, L.-L., et al., “Impact of Non-menthol Flavours in Tobacco Products on Perceptions and Use Among Youth, Young Adults and Adults:
A Systematic Review,” Tobacco Control, 26(6):709-719, 2017. Kowitt, S.D., et al., “Perceptions and Experiences With Flavored Non-Menthol Tobacco Products: A Systematic Review of Qualitative Studies,” International Journal of Environmental Research and Public Health, 14(4):338, 2017. Pepper, JK, et al., “Adolescents’ interest in trying flavoured e-cigarettes,” Tobacco Control, 25: ii62-ii66, published online September 15, 2016. Dai, H, et al., “Flavored electronic cigarette use and smoking among youth,” Pediatrics, 138(6): November 2016. 9 HHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016.
10 Park-Lee, E., et al., “E-Cigarette and Nicotine Pouch Use Among Middle and High School Students — United States, 2024,” MMWR 73(35):774-778, September 5, 2024, https://www.cdc.gov/mmwr/volumes/73/wr/pdfs/mm7335a3-H.pdf. 11 FDA, “Modifications to Compliance Policy for Certain Deemed Products: Guidance for Industry, Draft Guidance,” March 13, 2019, https://www.fda.gov/media/121384/download. While the methodology is not comparable to the PATH study, the 2019 NYTS found that 68.8% of middle and high school e-cigarette users had used a flavored tobacco product in the past month. Wang, TW, et al., “Tobacco Product Use and Associated Factors Among Middle and High School Students—United States, 2019,” MMWR, 68(12): December 6, 2019, https://www.cdc.gov/mmwr/volumes/68/ss/pdfs/ss6812a1-H.pdf. 12 Park-Lee, E., et al., “E-Cigarette and Nicotine Pouch Use Among Middle and High School Students — United States, 2024,” MMWR 73(35):774-778, September 5, 2024, https://www.cdc.gov/mmwr/volumes/73/wr/pdfs/mm7335a3-H.pdf. 13 Birdsey J., et al. “Tobacco Product Use Among U.S. Middle and High School Students — National Youth Tobacco Survey, 2023,” MMWR, 72(44): 1173–1182, November 3, 2023, https://www.cdc.gov/mmwr/volumes/72/wr/mm7244a1.htm. 14 Erythropel, H.C., et al. "Prevalence of Artificial Sweetener Neotame in US-Marketed Disposable E-Cigarettes." JAMA, 2025. 15 HHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016.
16 HHS, The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General, CDC, Office of Smoking and Health (OSH), 2014, http://www.surgeongeneral.gov/library/reports/50-years-of-progress/index.html. See also: CDC Office on Smoking and Health, “Quick Facts on the Risks of E-cigarettes for Kids, Teens, and Young Adults,” March 2019. Accessed August 9, 2019. 17 National Academies of Sciences, Engineering, and Medicine. 2018. Public health consequences of e-cigarettes. Washington, DC: The National Academies Press. http://nationalacademies.org/hmd/Reports/2018/public-health-consequences-of-e-cigarettes.aspx. 18 HHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016.
19 CDC, Health Effects of E-Cigarettes, May 15, 2024, accessed November 22, 2024 at https://www.cdc.gov/tobacco/e-cigarettes/healtheffects.html. 20 HHS, Eliminating Tobacco-Related Disease and Death: Addressing Disparities: A Report of the Surgeon General. Atlanta, GA: HHS, CDC, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2024. 21 Gottlieb, S and Abernethy, A. Understanding the Health Impact and Dangers of Smoke and ‘Vapor’. FDA Voices: Perspectives from FDA Leadership and Experts. https://www.fda.gov/news-events/fda-voices-perspectives-fda-leadership-and-experts/understanding-health-impactand-dangers-smoke-and-vapor.
9 of the Strategies Big Tobacco Uses to Target Kids
www.lung.org/research/sotc/by-the-numbers/8-things-industry-ecigs Cigarette companies have always recognized youth as their “replacement generation” and have employed a myriad of strategies and tactics to target, attract and addict them to tobacco products. Right from the start, e-cigarette companies took their tactics straight from Big Tobacco’s playbook – and now we’re seeing the same thing with nicotine pouches.
Data from the 2024 National Youth Tobacco Survey (NYTS) show more than 1.6 million middle and high school students using e-cigarettes in 2024, the most common form of tobacco use among youth in the U.S. Nicotine pouches are the second-most commonly used tobacco product among youth, with nearly half a million middle and high school students using nicotine pouches in 2024. The frequency of e-cigarette use by teens is especially alarming with over 40% of high school students who vape doing so frequently (20 or more of the past 30 days), and close to 30% are vaping daily. Among students who use nicotine pouches, nearly 30% use them frequently and over 20% use them daily. This regular use underscores how addicted youth have become to both products.
1. Groundhog Day!
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Tobacco companies used the same tactics to hook youth on e-cigarettes and nicotine pouches that they used to hook kids on cigarettes.*
2. Flavors
Flavored e-cigarette use among kids remains extremely high. Almost 90% of middle and high school students who vape reported using flavored e-cigarettes, with the top four flavors being fruit, candy/dessert/other sweets, mint and menthol. Kids continue to follow the available e-cigarette flavors; with the top one being fruit at 63% and close to 20% of youth e-cigarette users report using menthol e-cigarettes.
Over 85% of middle and high school students who use nicotine pouches reported using those which are flavored. The top nicotine pouch flavors are mint, fruit and menthol, with over 19% of youth nicotine pouch users reporting menthol flavored nicotine pouch use.
3. All the ads!
Over 75% of students in 2022 reported seeing tobacco ads on TV, and a variety of other mediums especially on the internet – including for e-cigarettes and nicotine pouches. Over 73% of students who use social media specifically reported seeing e-cigarette–related content.*
4. Corporate Sponsorships
Like the tobacco companies before them, e-cigarette companies have used corporate sponsorships, like auto racing, to showcase their companies and brands.*
5. Eat your vegetables
E-cigarette companies have falsely advertised that their products are less harmful, encouraging people to try their product, which is anything but good for you. Nicotine pouch companies have used similar tactics, including advertising their products as “tobacco-free."
6. Money Money Money
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The industry used discounts and coupons to get kids to try e-cigarettes and nicotine pouches, but in true 21st century fashion, they also reached out directly through social media to get to kids.*
7. Who is that?
Online vendors and sales easily allowed youth to pose as adults to access e-cigarettes and nicotine pouches.
8. It’s hidden in plain sight…
Nicotine pouch cans, meanwhile, may look similar to colorful candy and mint cans.
9. They Look Like Toys?!?!
Not only are e-cigarette products designed to be discrete, they now can look like everyday items such as children’s toys, video games or cell phones. FDA must continue to crack down on these products.
*Images courtesy of TrinketsAndTrash.org and FDA Press Releases.
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References
1. Jamal A, Park-Lee E, Birdsey J, et al. Tobacco Product Use Among Middle and High School Students — National Youth Tobacco Survey, United States, 2024. MMWR Morb Mortal Wkly Rep 2024;73:917–924.
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2. Park-Lee E, Jamal A, Cowan H, et al. Notes from the Field: E-Cigarette and Nicotine Pouch Use Among Middle and High School Students — United States, 2024. MMWR Morb Mortal Wkly Rep 2024;73:774–778.
3. Ibid.
4. Gentzke AS, Wang TW, Cornelius M, Park-Lee E, Ren C, Sawdey MD, Cullen KA, Loretan C, Jamal A, Homa DM. Tobacco Product Use and Associated Factors Among Middle and High School Students - National Youth Tobacco Survey, United States, 2021. MMWR Surveill Summ. 2022 Mar 11;71(5):1-29.
Page last updated: January 27, 2025
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Attachment 3
Photographs from Turlock Police Department Smoke Shop Operation