City Council Meeting
Agenda
September 8, 2026
6:00 PM
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
Mayor
Amy Bublak
Council Members
Kevin Bixel
Cassandra Abram
Erika Phillips
Rebecka Monez
(Vice Mayor)
City Manager
J. J. Murphy
City Clerk
Nichole Fiez
City Attorney
Katie O. Lucchesi
PUBLIC PARTICIPATION: Members of the public can participate in City Council meetings in the following ways:
1. Attending in person
• City Hall Yosemite Room located at 156 S. Broadway, Turlock, California at 6:00 p.m.
2. Attending through zoom (Instructions below)
• Webinar Link: www.zoom.us/join
• Meeting ID: 867 6255 3296 Passcode: 092083
• Call In: 1-669-444-9171 and press pound (#)
PUBLIC COMMENT: The public may address the City Council in person by completing the speaker cards and providing to the Police Officer. To address the City Council remotely, follow the Instructions for Public Comment using Zoom. Public comment will begin with speakers attending in-person first, followed by those attending via remote participation.
NOTICE REGARDING NON-ENGLISH SPEAKERS: The Turlock City Council meetings are conducted in English and translation to other languages is not provided. Please make arrangements for an interpreter if necessary.
EQUAL ACCESS POLICY: If you have a disability which affects your access to public facilities or services, please contact the City Clerk’s Office at (209) 668-5540. The City is committed to taking all reasonable measures to provide access to its facilities and services. Please allow sufficient time for the City to process and respond to your request.
GOVERNMENT CODE § 84308 REGULATIONS: To promote transparency and fairness in the governmental decision-making process, there are rules to prevent public officials from being unfairly influenced by contributors to their campaigns. The type of activity these laws were enacted to limit is often referred to as “pay-to-play,” and is governed in California by Government Code section 84308. Parties to any proceedings involving a “license, permit, or other entitlement for use,” as that term is defined in the Political Reform Act, pending before the City Council must disclose any campaign contribution over $500 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s).
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, September 8, 2026
Next City Council Resolution: 2026-111 Next Ordinance: 1353-CS
INSTRUCTIONS FOR PUBLIC COMMENTS USING ZOOM
Follow these steps to log into Zoom from your computer or smart device (Your device must have audio capability to participate.):
Go To: www.zoom.us/join
Enter Meeting ID: 867 6255 3296 Passcode: 092083
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Dial 1-669-444-9171 and press pound (#)
Enter Meeting ID: 867 6255 3296 Passcode: 092083
1. Use the “raise hand” function to join the queue to speak on the current agenda item when the Chair calls the item for discussion.
Computer / Smart Device Users: You can find the raise hand option under your participant’s name.
Telephone Users: Press star-nine (*9) on your phone to raise your hand. Press star-six (*6) to unmute when it is your turn to address City Council.
*Lower your hand if you choose not to speak or after you have made your comments by unchecking the raise hand option online.
2. Staff will call your name or the last four digits of your phone number when it is your time to speak.
3. You may state your name and city of residence at the beginning of your remarks for the minutes.
4. Speakers will have up to three minutes to make their remarks.
5. You may log off or hang up after making your comments.
DISCLAIMER: Participant names and/or phone numbers may be visible to all participants. The City records all public meetings.
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, September 8, 2026
Next City Council Resolution: 2026-111 Next Ordinance: 1353-CS
1. CALL TO ORDER
2. SALUTE TO THE FLAG
3. ROLL CALL AND DECLARATION OF CONFLICTS
4. APPROVAL OF AGENDA AS POSTED OR AMENDED
This is the time for the City Council to remove items from the agenda or to change the order of the agenda. Matters may be taken up out of order of the established agenda by a four-fifths vote of the City Council.
5. PROCLAMATIONS, RECOGNITIONS, ANNOUNCEMENTS, PRESENTATIONS, AND
BRIEFINGS
A. Proclamation: Honoring Martin Serrato Upon His Retirement B. Presentation: Civic Engagement Remarks from 2026 Turlock Melon Carnival Pageant Contestants
6. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one motion with no separate discussion. Any item may be removed from the Consent Calendar and considered separately at the request of the Mayor or any Councilmember. Prior to Council action, members of the public may address the Council on the Consent Calendar. If during their Consent Calendar comments, a member of the public requests removal of an item for separate consideration, the Mayor or a Councilmember may do so. Public comment on the Consent Calendar is limited to one (1) minute per speaker, regardless of the number of items addressed by the speaker.
A. Accepting the Weekly demands of July 31, 2026 through August 6, 2026 in the amount of $4,161,550.08 and August 7, 2026 through August 13, 2026 in the amount of $6,504,454.21.
B. Accepting the Minutes of the August 25, 2026 City Council Meeting C. Declaring the Intention to Order Annexation No. 43 for the property located at 337 West Avenue South, (Stanislaus County Assessor’s Parcel 050-003-042), to existing Community Facilities District No. 2 (Services Mitigation) (Development Services) D. Approving the Salary Ranges of Instrumentation and Control Technician I, Instrumentation and Control Technician II, Instrumentation and Control Technician, Sr. and Amending the Turlock City Employees Association (TCEA) Salary Schedule Effective September 8, 2026 (Human Relations)
E. Authorizing staff to proceed with advertising City Project No. 24-022 "Water Line Replacement on S. Center and Crane Avenue" (Engineering)
F. Authorizing staff to proceed with advertising City Project No. 23-051 "Sewer Rehabiliation on Tully Rd from Tuolumne Rd to Fulkerth Rd" (Engineering)
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, September 8, 2026
Next City Council Resolution: 2026-111 Next Ordinance: 1353-CS
G. Approving Agreement 2027-032 with Duke's Root Control for chemical root control services of sanitary sewer lines for a total not to exceed amount of $125,000 (Utilities) H. Adopting a Resolution of Intention of the City Council of the City of Turlock, California, declaring intention to annex territory to the City of Turlock Community Facilities District No. 3, and adopting a map of the area proposed to be annexed thereto (Annexation No. 2) (Engineering)
I. Adopting a Resolution of Intention of the City Council of the City of Turlock, California, declaring intention to annex territory to the City of Turlock Community Facilities District No. 3, and adopting a map of the area proposed to be annexed thereto (Annexation No. 3) (Engineering)
J. Approving the purchase of a 19 Ton Boom Crane from Custom Truck One Source for a total amount not to exceed $357,764.60 (Fleet)
K. Adopting the Amended Conflict of Interest Code for the City of Turlock to Update the List of Designated Employees and Reporting Categories for Filing of the Fair Political Practices Commission Statement of Economic Interests Form 700 (City Clerk) L. Adopt Temporary Overhire Policy to facilitate a seamless transfer of institutional knowledge, support succession planning, expedite the hiring process for key positions, and maintain appropriate service levels (Human Relations and Finance)
7. FINAL READINGS
8. PUBLIC HEARINGS
A. Approval of the Fiscal Year 2025-2026 City of Turlock Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing submission to HUD (Housing)
9. ACTION ITEMS
10. PUBLIC PARTICIPATION
Pursuant to California Government Code Section 54954.3(a), this portion of the meeting is set aside for members of the public to address the City Council on matters that are not listed on tonight’s agenda but are within the subject matter jurisdiction of the City Council. Speakers will be allowed up to three (3) minutes for their comments. The total time allotted for this public comment period shall not exceed thirty (30) minutes. Comments on matters outside the Council’s subject matter jurisdiction may be ruled out of order by the presiding officer and not permitted to continue.
Pursuant to Government Code Section 54954.2(a)(3), the City Council may not take action or engage in substantive discussion on items not listed on the posted agenda. However, the Council or staff may briefly respond to public comments, refer matters to staff, or request that a topic be placed on a future agenda.
11. CITY MANAGER REPORTS/UPDATES
City Manager reports/updates are provided for informational purposes only and no action or discussion may be undertaken. The City Manager may direct department heads to provide reports/updates at the City Manager’s request.
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, September 8, 2026
Next City Council Resolution: 2026-111 Next Ordinance: 1353-CS
A. Monthly Department Reports
12. COUNCILMEMBER COMMENTS, ANNOUNCEMENTS AND FUTURE ITEMS
13. CLOSED SESSION
A. Conference with Legal Counsel – Anticipated Litigation pursuant to Government Code § 54956.9(d)(2)
Two (2) Cases
14. REPORTS FROM CLOSED SESSION
15. ADJOURNMENT
City Council Staff Report
September 8, 2026
From: John J. Murphy, DPA, ICMA-CM, City Manager
Prepared by: James Governale, Management Analyst
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Present a proclamation honoring Martin Serrato upon his retirement after more than 31 years of service to the City of Turlock.
2. NARRATIVE:
The proclamation recognizes Martin Serrato for his dedicated service maintaining the City’s public infrastructure and supporting the safety and quality of life of the community. It also acknowledges his experience, dependability, strong work ethic, and lasting contributions to the City.
3. FISCAL IMPACT / BUDGET AMENDMENT:
There is no fiscal impact associated with receiving the presentation.
4. ENVIRONMENTAL DETERMINATION:
Receiving this recognition presentation is not a project under the California Environmental Quality Act.
5. ALTERNATIVES:
None. This presentation is informational only, and no City Council action or direction is requested.
6. ATTACHMENTS:
None
City Council Staff Report
September 8, 2026
From: John J. Murphy, DPA, ICMA-CM, City Manager
Prepared by: James Governale, Management Analyst
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Receive presentations from contestants in the 2026 Turlock Melon Carnival Pageant.
2. NARRATIVE:
The 2026 Turlock Melon Carnival Pageant includes a civic engagement component intended to help contestants learn about local government and develop confidence in public speaking.
Contestants attended the August 25, 2026, City Council meeting and spoke during public participation. For the September 8, 2026, meeting, each contestant will have an opportunity to address the City Council as part of a scheduled presentation regarding a civic issue, City accomplishment, or other community topic important to them.
3. FISCAL IMPACT / BUDGET AMENDMENT:
There is no fiscal impact associated with receiving the presentation.
4. ENVIRONMENTAL DETERMINATION:
Receiving this recognition presentation is not a project under the California Environmental Quality Act.
5. ALTERNATIVES:
None. This presentation is informational only, and no City Council action or direction is requested.
6. ATTACHMENTS:
None
City Council Staff Report
September 8, 2026
From: Adrienne Werner, Development Services Director
Prepared by: Tania Hernandez, Assistant Planner
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Resolution: Declaring the Intention to Order Annexation No. 43 for the property located at 337 West Avenue South, (Stanislaus County Assessor’s Parcel 050-003-042), to existing Community Facilities District No. 2 (Services Mitigation) (Development Services)
2. NARRATIVE:
In October 2004, the City completed a Fiscal Impact Analysis of new residential development on General Fund–supported services including police, fire, park maintenance, and planning.
The analysis determined that General Fund revenues were insufficient to maintain both existing service levels and those envisioned in the General Plan. In response, the City Council adopted Resolution No. 2004-189, requiring that all new residential development not otherwise entitled under existing zoning be annexed into a Community Facilities District (CFD), commonly referred to as a Mello-Roos District, as a condition of project approval.
On October 26, 2004, the City Council established Turlock Community Facilities District No. 2 (CFD #2) to generate additional General Fund revenue through a special tax levied on residential properties. CFD #2 was phased in over a ten-year period. In 2013, the City Council authorized the retention of Economic Planning Systems, Inc. to evaluate the adequacy of the CFD #2 tax under then-current economic and fiscal conditions. The study concluded that the existing tax rates were sufficient to mitigate the public service impacts associated with new residential development. Concurrently, the City Council adopted an ordinance establishing policies and procedures governing annexation into CFD #2. Under this ordinance, any residential project within the City limits that could result in the development of one or more dwelling units—and that requires approval of a parcel map, subdivision map, General Plan amendment, rezone, planned development, area-wide plan, annexation, or discretionary permit pursuant to applicable provisions of the Turlock Municipal Code—must mitigate increased demand on public services (including police, fire, and park maintenance) by annexing into CFD #2.
Annexation No. 43
Annexation No. 43 proposes to annex one residential parcel located at 337 West Avenue South (Stanislaus County Assessor’s Parcel No. 050-003-042) into CFD #2. The Vesting Tentative Subdivision Map (VTSM) 2024-01 authorized the subdivision of the subject 2.7- acre parcel into 30-single family residential lots. The new subdivision lot sizes will range from 2,500 to 4,352 square feet, and the project will be developed in accordance with standards established for the Medium Density Residential (RM) zoning district. Annexation to CFD #2 is a required condition of approval for the subdivision map.
Agenda Staff Report
9/8/2026
The annexation process will be conducted over two City Council meetings. The first meeting initiates the proceedings, and it includes adoption of a Resolution of Intention. The second meeting, currently scheduled for October 13, 2026, includes the public hearing and property owner election. Because fewer than 12 registered voters reside within the proposed annexation area, the election may be held immediately following the public hearing. A certificate confirming that 12 or fewer registered voters reside within the annexation area has been filed with the City Clerk, as required by law.
The services funded by CFD #2—police, fire, and park maintenance—remain consistent with those identified at the time of the district’s formation.
3. FISCAL IMPACT / BUDGET AMENDMENT:
Annexation to CFD #2 will generate additional revenue to support General Fund-supported services. The special taxes on dwellings annexed into CFD #2 are not levied until the issuance of a Certificate of Occupancy for the dwelling. Accordingly, revenue generation is directly tied to the timing of development and occupancy.
For Fiscal Year 2026-2027, the annual special tax is $607 per multifamily unit and $775 per single-family unit. The special tax is subject to an annual 2% escalation, as established in the Rate and Method of Apportionment.
4. ENVIRONMENTAL DETERMINATION:
This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that the action is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
5. ALTERNATIVES:
1. Decline to adopt the Resolution of Intention to annex the subject property into CFD #2.
City staff does not recommend this option, as it would create a financial impact to the General Fund. CFD #2 provides funding for public safety and park maintenance services that would otherwise need to be supported by the General Fund.
2. Defer the annexation proceedings to a later date. City staff does not recommend this option because annexation into CFD #2 is a condition of VTSM 2024-01 approval. Delaying the process increases the risk that the property will not be annexed, as the subdivision map must be recorded within a specified timeframe once all requirements are satisfied. After recordation, annexation may become difficult, particularly if multiple property owners are involved.
6. ATTACHMENTS:
1. Draft Resolution
Agenda Staff Report
9/8/2026
2. CFD 2 Annexation 43 Boundary Map
RESOLUTION NO. 2026-
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF DECLARING THE INTENTION TO ORDER ANNEXATION NO. 43 FOR THE PROPERTY LOCATED AT 337 WEST AVENUE SOUTH, (STANISLAUS COUNTY ASSESSOR’S PARCEL 050-003-042), TO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2 (SERVICES FOR MITIGATION)
WHEREAS, this City Council (this “Council”) proposes to annex certain real properties more accurately known as 337 West Avenue South, (Stanislaus County Assessor’s Parcel 050- 003-042), (the “Subject Property”) to the existing community facilities district known as “City of Turlock Community Facilities District No. 2 (Services Mitigation)” (“CFD No. 2”) as authorized by Article 3.5 of the Mello-Roos Community Facilities Act of 1982 (the “Act”); and
WHEREAS, the boundaries of CFD No. 2 are set forth on the boundary map for CFD No. 2, recorded on November 10, 2004, in Volume 3 of Maps of Assessment and Community Facilities Districts, page 3, official records of the Stanislaus County Recorder; and
WHEREAS, the boundaries of the Subject Property are shown on a map entitled “Proposed Boundaries, Annexation No. 43, Community Facilities District No. 2,” which is on file with the City Clerk (the “Clerk”); and
WHEREAS, Sections 53339.2 and 53339.3 of the Act provides that legal proceedings for the annexation of property to a community facilities district pursuant to the Act shall be instituted by the adoption of a resolution of this Council declaring its intention as provided hereafter in this resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Turlock as follows:
1. This Council hereby finds and determines that public convenience and necessity require that the Subject Property be annexed to the existing territory of CFD No. 2.
2. The types of services proposed to be provided within the Subject Property are the same as for the existing area of CFD No. 2.
3. The plan for providing authorized services within the existing area and the Subject Property shall be the plan presently in existence, as the same may be revised from time to time by the City of Turlock (the “City”) or any agency of the City through which the City provides the authorized services.
4. Except where funds are otherwise available, a special tax will be annually levied on the Subject Property. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property included in the Subject Property, and this lien shall continue in force and effect in perpetuity or until the levy and collection of the special tax obligation by the City ceases. The rate and method of apportionment of the special tax shall be as previously established for CFD No. 2.
Resolution No. 2026-
5. On the basis of the written consent and waiver form submitted to and on file with the Clerk by the Owner, as the landowner of 100% of the Subject Property, this Council hereby sets this same date, as soon as the matter may be heard following adoption of this resolution, in the Council Chambers located at City Hall, 156 South Broadway, Turlock, California, as the time and place for the public hearing on the proposed annexation. At the hearing, testimony of all interested persons and taxpayers for or against the proposed annexation will be heard and protests will be considered from both registered voters, if any, residing within CFD No. 2 and persons owning real property within CFD No. 2. As provided by the Act, written protests by a majority of the registered voters, if any, but including a minimum of six registered voters, or by the owners of a majority in area of the land within either the existing CFD No. 2 or the proposed annexation area will constitute a “majority protest” and will require the suspension of proceedings for at least one year. Written protests must be filed with the Clerk at or before the time fixed for the hearing.
6. It is anticipated that the special tax will be billed as a separate line item on the regular property tax bill of the County of Stanislaus. However, this Council reserves the right, under Section 53340, to utilize any method of collecting the special tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing.
7. On the basis of the information set forth in that certain certificate entitled “Certificate re Registered Voters and Landowners,” on file with the Clerk, in the event that an election is held in these proceedings, it is the intention of this Council that the elector will be the Owner, as the sole landowner within the area of the Subject Property in accordance with Section 53339.7 of the Act.
8. This Council hereby authorizes and directs the publication by the Clerk of a notice of hearing, containing the matters specified by Section 53322 of the Act, one time in a newspaper in general circulation in the area of CFD No. 2, said publication to be completed no later than seven days prior to the date of the public hearing.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 8th day of September, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
NOT PARTICIPATING:
ABSENT:
ATTEST:
___________________________
Nichole Fiez, City Clerk
City of Turlock
±±
City Council Staff Report
September 8, 2026
From: Jessie Dhami, Human Relations Director
Prepared by: Darlene Ingersoll, Principal HR Analyst
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Resolution: Approving the salary ranges of the Turlock City Employees Association (TCEA) positions of: Instrumentation and Control Technician I, (range 25.0); Instrumentation and Control Technician II (range 27.0); Instrumentation and Control Technician, Sr. (range 29.0) and amending the TCEA Salary Schedule effective September 8, 2026.
2. NARRATIVE:
On December 9, 2025, Council approved the job descriptions of Instrumentation and Control Technician I/II and Instrumentation and Control Technician, Sr. as part of the Classification Study Final Report. On June 9, 2026, Council adopted a budget plan for Fiscal Year 2026- 2027. On July 28, 2026, Council approved adopting amendments to the Fiscal Year 2026- 2027 budget. The amended TCEA Salary Schedule is now being brought forward for Council approval.
Staff recommends TCEA salary range 25.0 for the position of Instrumentation and Control Technician I, TCEA salary range 27.0 for the position of Instrumentation and Control Technician II and TCEA salary range 29.0 for the position of Instrumentation and Control Technician, Sr.
This provides an alignment with industry standards, a broader salary range within the series and also provides employee growth with advancement opportunities. These positions will work closely with operations and maintenance personnel to support critical plant infrastructure and ensure continuous, reliable operation of plant systems.
These positions are represented by TCEA for labor relations purposes and TCEA has no concerns with the recommended salary ranges.
Section 2-4-207 of the Turlock Municipal Code provides that the City Manager is responsible for the efficient administration of all affairs of the City which are under his control. Section 2-4-207(d) of the Turlock Municipal Code provides the City Manager with the power and duty to recommend to the City Council the reorganization of offices, positions, departments, or units under his direction as he may deem in the interest of the efficient, effective, and economical conduct of the City’s business.
3. FISCAL IMPACT / BUDGET AMENDMENT:
Adequate funds have been requested through the FY 2026-2027 budget process.
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environment Quality Act (CEQA) in accordance with Section 15378(b)(5) if the CEQA guidelines. This action consists of
Agenda Staff Report
9/8/2026
"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. ALTERNATIVES:
Council may choose not to approve the requested items and direct staff accordingly.
6. ATTACHMENTS:
1. Draft Resolution
2. Turlock City Employees Association (TCEA) Salary Schedule
RESOLUTION NO. 2026-
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING THE SALARY RANGES OF THE TURLOCK CITY EMPLOYEES ASSOCIATION (TCEA) POSITIONS OF: INSTRUMENTATION AND CONTROL TECHNICIAN I, (RANGE 25.0); INSTRUMENTATION AND CONTROL TECHNICIAN II (RANGE 27.0); INSTRUMENTATION AND CONTROL TECHNICIAN, SR. (RANGE 29.0) AND AMENDING THE TCEA SALARY SCHEDULE EFFECTIVE SEPTEMBER 8, 2026
WHEREAS, on December 9, 2025, City Council approved job descriptions as part of the Classification Study Final Report including Instrumentation and Control Technician I/II and Instrumentation and Control Technician, Sr.; and
WHEREAS, staff recommends TCEA salary range 25.0 for the position of Instrumentation and Control Technician I, TCEA salary range 27.0 for the position of Instrumentation and Control Technician II and TCEA salary range 29.0 for the position of Instrumentation and Control Technician, Sr.; and
WHEREAS, these positions are represented by TCEA for labor relations purposes and TCEA has no concerns with the recommended salary ranges; and
WHEREAS, Section 2-4-207 of the Turlock Municipal Code provides that the City Manager is responsible for the efficient administration of all affairs of the City which are under his control. Section 2-4-207(d) of the Turlock Municipal Code provides the City Manager with the power and duty to recommend to the City Council the reorganization of offices, positions, departments, or units under his direction as he may deem in the interest of the efficient, effective, and economical conduct of the City’s business; and
WHEREAS, this action is not subject to the provisions of the California Environment Quality Act (CEQA) in accordance with Section 15378(b)(5) if the CEQA guidelines. This action consists of "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment" and therefore is not considered a project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve the salary ranges of the Turlock City Employees Association (TCEA) positions of: Instrumentation and Control Technician I, (range 25.0); Instrumentation and Control Technician II (range 27.0); Instrumentation and Control Technician, Sr. (range 29.0) and amending the TCEA Salary Schedule effective September 8, 2026.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 8th day of September, 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
Resolution No. 2026-
ABSENT:
ATTEST:
__________________________
Nichole Fiez, City Clerk
City of Turlock
TCEA MONTHLY SALARY SCHEDULE
EFFECTIVE 7/1/26
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY
OFFICE ASST I 13.9 3582 3761 3949 4147 4354
FACILITIES MAINTENANCE ASSISTANT 15.2 3814 4004 4205 4415 4636 ACCOUNT CLERK I 15.2 3814 4004 4205 4415 4636
OFFICE ASST II 15.9 3949 4147 4354 4572 4800
TRAFFIC TECHNICIAN TRAINEE 16.6 4085 4289 4504 4729 4965 ACCOUNT CLERK II 17.2 4205 4415 4636 4867 5111
FIELD SERVICES TECHNICIAN 17.2 4205 4415 4636 4867 5111 MAINTENANCE WORKER I 17.2 4205 4415 4636 4867 5111
SHIPPING & RECEIVING INVENTORY SPECIALIST 17.2 4205 4415 4636 4867 5111 FLEET MAINT SERVICE WKR 17.9 4354 4572 4800 5040 5292
COMMUNITY SERV COORDINATOR 18.0 4371 4589 4819 5060 5313 PARTS CLERK 18.2 4415 4636 4867 5111 5366
ACCOUNTS PAYABLE CLERK 19.2 4636 4867 5111 5366 5634
ACCOUNT CLERK, SR. 19.2 4636 4867 5111 5366 5634
MAINTENANCE WORKER II 19.2 4636 4867 5111 5366 5634
CODE COMPLIANCE TECHNICIAN 19.2 4636 4867 5111 5366 5634 PLANNING ASSISTANT 19.2 4636 4867 5111 5366 5634
SECRETARY 19.2 4636 4867 5111 5366 5634
UTILITIES MAINTENANCE WORKER I 19.4 4682 4916 5162 5420 5691 WATER CONSERVATION WORKER 19.4 4682 4916 5162 5420 5691 TRAFFIC TECHNICIAN I 19.6 4729 4965 5214 5474 5748
CODE ENFORCEMENT OFFICER 20.2 4867 5111 5366 5634 5916
BUILDING INSPECTOR, TRAINEE 20.8 5015 5266 5529 5806 6096 FLEET MAINTENANCE MECHANIC I 20.9 5040 5292 5557 5835 6126 NEIGHBORHOOD SERVICES TEC 21.0 5060 5313 5579 5857 6150 POLICE RECORDS TECHNICIAN 21.0 5060 5313 5579 5857 6150 STAFF SERVICES ASSISTANT 21.0 5060 5313 5579 5857 6150
LABORATORY ANALYST I 21.1 5085 5339 5606 5887 6181
ACCOUNTING TECHNICIAN 21.2 5111 5366 5634 5916 6212
MAINTENANCE WORKER, SR. 21.2 5111 5366 5634 5916 6212
SECRETARY, SR. 21.2 5111 5366 5634 5916 6212
COMMUNITY DEV-SERVICE TEC 21.3 5136 5393 5663 5946 6243 UTILITIES MAINTENANCE WORKER II 21.4 5162 5420 5691 5976 6274 WASTEWATER PLANT OPERATOR I 21.9 5292 5557 5835 6126 6433 WATER TREATMENT PLANT OPERATOR I 21.9 5292 5557 5835 6126 6433 ADMINISTRATIVE ASSISTANT, PUBLIC SAFETY 22.0 5313 5579 5857 6150 6458 ADMINISTRATIVE ASSISTANT 22.0 5313 5579 5857 6150 6458
PERMIT TECHNICIAN 22.5 5447 5719 6005 6306 6621
FLEET MAINTENANCE MECHANIC II 22.9 5557 5835 6126 6433 6754 PLANNING TECHNICIAN 23.0 5579 5857 6150 6458 6781
PURCHASING SPECIALIST 23.0 5579 5857 6150 6458 6781
RECREATION COORDINATOR 23.0 5579 5857 6150 6458 6781
STAFF SERVICES TECHNICIAN 23.0 5579 5857 6150 6458 6781 CRIME AND COMMUNITY INFORMATION ANALYST 23.2 5634 5916 6212 6523 6849 PUBLIC SAFETY BUSINESS ANALYST 23.2 5634 5916 6212 6523 6849 SECRETARY, SUPERVISING 23.2 5634 5916 6212 6523 6849
MAINTENANCE TEAM LEADER 23.2 5634 5916 6212 6523 6849
UTILITIES MAINTENANCE WORKER, SR. 23.4 5691 5976 6274 6588 6917 LAND SURVEYING TECHNICIAN I 23.6 5748 6035 6337 6654 6987 POLICE RECORDS TECHNICIAN, SR. 23.6 5748 6035 6337 6654 6987 TRAFFIC TECHNICIAN II 23.6 5748 6035 6337 6654 6987
REVISED AND EFFECTIVE 09/08/2026
TCEA MONTHLY SALARY SCHEDULE
EFFECTIVE 7/1/26
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
WASTEWATER PLANT OPERATOR II 23.9 5835 6126 6433 6754 7092 BUILDING INSPECTOR I 24.1 5887 6181 6490 6815 7155
FIRE PREVENTION INSPECTOR 24.1 5887 6181 6490 6815 7155 LABORATORY ANALYST II 24.1 5887 6181 6490 6815 7155
ACCOUNTANT I 24.2 5916 6212 6523 6849 7191
PLANNER, ASSISTANT 24.3 5946 6243 6555 6883 7227
HOUSING FINANCE SPECIALIST, TRAINEE 24.3 5946 6243 6555 6883 7227 FLEET MAINTENANCE MECHANIC, SR. 24.9 6126 6433 6754 7092 7447 ELECTRICAL/MECHANICAL TECHNICIAN I 25.0 6150 6458 6781 7120 7476 INSTRUMENTATION AND CONTROL TECHNICIAN I 25.0 6150 6458 6781 7120 7476 INFORMATION TECHNOLOGY TECHNICIAN 25.2 6212 6523 6849 7191 7551 HOUSING FINANCE SPECIALIST I 25.3 6243 6555 6883 7227 7588 HOUSING REHABIL. SPEC I 25.3 6243 6555 6883 7227 7588
HOUSING REHABILITATION SPECIALIST / INSPECTOR
TRAINEE 25.3 6243 6555 6883 7227 7588
HOUSING PROGRAM SPECIALIST I 25.3 6243 6555 6883 7227 7588 FIRE OPERATIONS SUPPORT ANALYST 25.6 6337 6654 6987 7336 7703 PLANS EXAMINER I 25.6 6337 6654 6987 7336 7703
PURCHASING COORDINATOR 25.6 6337 6654 6987 7336 7703
TRAFFIC TECHNICIAN, SR. 25.6 6337 6654 6987 7336 7703
WASTEWATER PLANT OPERATOR, SR. 25.9 6433 6754 7092 7447 7819 LABORATORY ANALYST, SR. 26.1 6490 6815 7155 7513 7889
ACCOUNTANT II 26.2 6523 6849 7191 7551 7928
HOUSING REHABIL. SPEC II 26.3 6555 6883 7227 7588 7968
HOUSING FINANCE SPECIALIST II 26.3 6555 6883 7227 7588 7968 HOUSING PROGRAM SPECIALIST II 26.3 6555 6883 7227 7588 7968 UTILITIES SUPERVISOR, ASSISTANT 26.4 6588 6917 7263 7626 8008 MAINTENANCE SUPERVISOR, ASSISTANT 26.4 6588 6917 7263 7626 8008 ELECTRONIC/INSTRUMENTATION TECHNICIAN 27.0 6781 7120 7476 7850 8242 ELECTRICAL/MECHANICAL TECHNICIAN II 27.0 6781 7120 7476 7850 8242 INSTRUMENTATION AND CONTROL TECHNICIAN II 27.0 6781 7120 7476 7850 8242 MAINTENANCE TECHNICIAN II 27.0 6781 7120 7476 7850 8242 WATER TREATMENT PLANT OPERATOR II 27.0 6781 7120 7476 7850 8242 BUILDING INSPECTOR II 27.1 6815 7155 7513 7889 8283
HOUSING REHABILITATION SPECIALIST / INSPECTOR I 27.1 6815 7155 7513 7889 8283 PUBLIC WORKS CONSTRUCTION INSPECTOR 27.1 6815 7155 7513 7889 8283 INFORMATION TECHNOLOGY ANALYST I 27.2 6849 7191 7551 7928 8325 PLANNER, ASSOCIATE 27.3 6883 7227 7588 7968 8366
REDEV/ECON DEV ANALYST 27.3 6883 7227 7588 7968 8366
TRANSIT PLANNER 27.3 6883 7227 7588 7968 8366
WATER RESOURCES ANALYST I 27.3 6883 7227 7588 7968 8366 ENVIRONMENTAL COMPLIANCE INSPECTOR 27.4 6917 7263 7626 8008 8408 ENGINEERING PROJECT COORDINATOR 27.6 6987 7336 7703 8088 8492
COORDINATOR FOR UNSHELTERED/HOMELESS
PROGRAMS 27.6 6987 7336 7703 8088 8492
LAND SURVEYING TECHNICIAN II 27.6 6987 7336 7703 8088 8492 PLANT OPERATOR, LEAD 27.9 7092 7447 7819 8210 8620
PARKS,REC & PUB FAC SUPERVISOR 27.9 7092 7447 7819 8210 8620 RECREATION SUPERVISOR 27.9 7092 7447 7819 8210 8620
STAFF SERVICES ANALYST 28.0 7120 7476 7850 8242 8654
FLEET MAINTENANCE SUPERVISOR 28.5 7300 7665 8048 8450 8873 PLANS EXAMINER II 28.6 7336 7703 8088 8492 8917
ELECTRONIC/INSTRUMENTATION TECHNICIAN, SR. 29.0 7476 7850 8242 8654 9087 ELECTRICAL/MECHANICAL TECHNICIAN, SR. 29.0 7476 7850 8242 8654 9087 INSTRUMENT AND CONTROL TECHNICIAN, SR. 29.0 7476 7850 8242 8654 9087 REVISED AND EFFECTIVE 09/08/2026
TCEA MONTHLY SALARY SCHEDULE
EFFECTIVE 7/1/26
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
INSTRUMENTATION AND CONTROL TECHNICIAN, SR. 29.0 7476 7850 8242 8654 9087 MAINTENANCE TECHNICIAN, SR. 29.0 7476 7850 8242 8654 9087 WATER TREATMENT PLANT OPERATOR, SR. 29.0 7476 7850 8242 8654 9087 HOUSING REHABILITATION SPECIALIST / INSPECTOR II 29.2 7551 7928 8325 8741 9178 INFORMATION TECHNOLOGY ANALYST II 29.2 7551 7928 8325 8741 9178 ENGINEER, ASSISTANT 29.6 7703 8088 8492 8917 9363
ELECT/MECH MAINTENANCE SUPV, ASST 30.0 7850 8242 8654 9087 9541 BUILDING INSPECTOR, SR. 30.1 7889 8283 8697 9132 9589
PUBLIC WORKS CONSTRUCTION INSPECTOR, SR. 30.1 7889 8283 8697 9132 9589 ASSET ANALYST 30.3 7968 8366 8785 9224 9685
PLANNER, SR. 30.3 7968 8366 8785 9224 9685
TRANSIT ANALYST 30.3 7968 8366 8785 9224 9685
WATER RESOURCES ANALYST II 30.3 7968 8366 8785 9224 9685 UTILITIES SUPERVISOR 30.4 8008 8408 8829 9270 9733
POLICE RECORDS SUPERVISOR 30.4 8008 8408 8829 9270 9733 WATER QUALITY CONTROL LABORATORY SUPERVISOR 30.4 8008 8408 8829 9270 9733 WATER QUALITY CONTROL SUPERVISOR 30.4 8008 8408 8829 9270 9733 FINANCIAL CUSTOMER SERVICES SUPERVISOR 30.4 8008 8408 8829 9270 9733 PURCHASING SUPERVISOR 30.4 8008 8408 8829 9270 9733
ACCOUNTANT III 31.2 8325 8741 9178 9637 10119
PLANS EXAMINER, SR. 31.6 8492 8917 9363 9831 10323
ENGINEER, ASSOCIATE 31.6 8492 8917 9363 9831 10323
LAND SURVEYOR, ASST 31.6 8492 8917 9363 9831 10323
PUBLIC WORKS CONSTRUCTION
INSPECTOR, SENIOR - ROADS 32.1 8697 9132 9589 10068 10572 ELECTRICAL/MECHANICAL MAINTENANCE SUPERVISOR 33.0 9087 9541 10018 10519 11045 MAINTENANCE SUPERVISOR 33.0 9087 9541 10018 10519 11045 WATER TREATMENT PLANT OPERATIONS SUPERVISOR 33.0 9087 9541 10018 10519 11045 PLANNER, PRINCIPAL 33.6 9363 9831 10323 10839 11381
CIVIL ENGINEER, ASSOCIATE 33.6 9363 9831 10323 10839 11381 LAND SURVEYOR 33.6 9363 9831 10323 10839 11381
INFORMATION TECHNOLOGY ANALYST, SR. 34.2 9637 10119 10625 11156 11714 CIVIL ENGINEER, SR. 35.6 10323 10839 11381 11950 12547
GIS COORDINATOR 36.2 10625 11156 11714 12299 12914
INFO TECH COORDINATOR 36.2 10625 11156 11714 12299 12914 REVISED AND EFFECTIVE 09/08/2026
City Council Staff Report
September 8, 2026
From: Will Richards, Interim Municipal Services Director/ SRWA General Manager
Prepared by: Oscar Molina, Assistant Engineer
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Motion: Authorizing staff to proceed with advertising the City Project No. 24-022 “Water Line Replacement on S. Center Street and Crane Avenue”
2. NARRATIVE:
The purpose of the project is to replace aging water main infrastructure along S. Center Street and Crane Avenue that no longer provides adequate flow to serve the area. The project will install new PVC water main, along with associated valves, fire hydrant assemblies, and water services, to restore reliable potable water delivery and adequate fire flow capacity to the served properties.
The new water main pipes are located at two locations within the City:
• On S. Center Street between Marshall Street and Minerva Street • On Crane Avenue between Hamilton Street and N. Minerva Avenue
The main elements of the scope of work for this project consists of:
• Install 1,677 lineal feet of 8" PVC water main pipe and remove the existing water main pipe
• Install new water service laterals to customers along the alignment of the new water main pipe
• Installation of fire hydrant assemblies
• Trench and road restoration
As the estimated project construction costs exceed One Million Dollars ($1,000,000.00), Staff requests City Council authorization to advertise the project for construction bids pursuant to Resolution No. 2009-247.
3. FISCAL IMPACT / BUDGET AMENDMENT:
No General Fund money will be used for this project.
The estimated total construction costs is estimated to be $1,210,000. A detailed breakdown of project costs by category and fiscal year will be presented at the time of the request for the award of bid once actual costs are known.
Account Number 420-52-551.51394 "Waterline Strength & Replacement" has been identified to fund the project construction costs. It is anticipated that the current budget
Agenda Staff Report
9/8/2026
amount will be adequate to fund the construction phase. If an appropriation is deemed necessary, a request would be made at the same time as the request to approve an agreement for construction.
4. ENVIRONMENTAL DETERMINATION:
An environmental determination is not necessary to be made to authorize staff to advertise the project for construction bids. Staff will provide CEQA exemptions information at the time of the award of bid of an agreement for construction.
5. ALTERNATIVES:
A. Council could choose to not authorize City staff to advertise the project. Staff does not recommend this alternative because the project is needed and project documents are complete and ready to be advertised.
6. ATTACHMENTS:
None
City Council Staff Report
September 8, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Oscar Molina, Assistant Engineer
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Motion: Authorizing staff to proceed with advertising the City Project No. 23-051 “Sewer Rehabilitation on Tully Rd from Tuolumne Rd to Fulkerth Rd ”
2. NARRATIVE:
The purpose of this project is to rehabilitate a portion of an existing 33-inch diameter reinforced concrete pipe (RCP) sanitary sewer gravity trunk line that has reached the end of its useful life and is in need of rehabilitation. Closed-circuit television (CCTV) inspection performed by City staff confirmed that the downstream segment of the pipe is in very poor structural condition, with the upper portion of the pipe significantly deteriorated as a result of long-term exposure to corrosive sewer gases.
The main elements of the scope of work for this project consist of:
• Installing Cured-in-Place Pipe lining along 2,649 lineal feet of existing 33-inch RCP • Reconstructing manhole chimneys
• Removing and replacing manhole frames and covers
• Rehabilitating manholes with a protective coating
As the estimated project construction costs exceed One Million Dollars ($1,000,000.00), staff requests City Council authorization to advertise the project for construction bids pursuant to Resolution No. 2009-247.
3. FISCAL IMPACT / BUDGET AMENDMENT:
No General Fund money will be used for this project.
The estimated total construction cost is $2,310,000. A detailed breakdown of project costs by category and fiscal year will be presented at the time of the request for the award of bid once actual costs are known.
The City has been allocated $1,200,000 in grant funding from the U.S. Environmental Protection Agency (EPA) Community Grants program to reimburse a portion of the construction contract costs for this project. All remaining project costs, will be funded through Fund 410 "Water Quality Control" account number 410-51-534.51421 "Tully Rd Sewer Trunk Main Evaluation/Replacement," which will be expensed in Fiscal Year 2026-
27. It is anticipated that the EPA Community Grant and budgeted local match from Fund 410 will be adequate to fund the construction phase. If an appropriation is deemed necessary, a
Agenda Staff Report
9/8/2026
request would be made at the same time as the request to approve an agreement for construction.
4. ENVIRONMENTAL DETERMINATION:
An environmental determination is not necessary to be made to authorize staff to advertise the project for construction bids. Staff will provide CEQA exemption information at the time of the award of bid of an agreement for construction.
5. ALTERNATIVES:
A. Council could choose to not authorize City staff to advertise the project. Staff does not recommend this alternative because the project is needed, project documents are complete and ready to be advertised, and federal grant funding has been allocated.
6. ATTACHMENTS:
None
City Council Staff Report
September 8, 2026
From: Will Richards, Interim Municipal Services Director/ SRWA General Manager
Prepared by: Carlos Guerrero, Utilities Division Manager Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Motion: Approving Agreement 2027-032 with Duke's Root Control for chemical root control services of sanitary sewer lines for a five (5) year term with a total not to exceed of $125,000 (Utilities)
2. NARRATIVE:
The City of Turlock owns and maintains an extensive sanitary sewer collection system that requires routine maintenance to ensure reliable operation. Tree roots naturally infiltrate sewer pipelines through joints, cracks, and service connections, restricting wastewater flow and increasing the likelihood of blockages, backups, and sanitary sewer overflows. Chemical root control is a proactive maintenance practice that inhibits root regrowth within sewer mains while protecting the structural integrity of the collection system. Performing these treatments on a scheduled basis extends the effectiveness of routine sewer maintenance, reduces emergency response activities, and improves overall system performance.
To obtain qualified professional services, the City issued Request for Proposals (RFP) No. 2026-038 for Chemical Root Control Services of Sanitary Sewer Lines. The RFP requested proposals from qualified firms capable of providing environmentally compliant chemical root control services, including planning, coordination, treatment, documentation, and reporting in accordance with applicable federal, state, and local regulations. Proposals were required to be submitted electronically through the City's OpenGov Procurement Portal and evaluated based on qualifications, technical approach, pricing, innovation, and references. Only one proposal was submitted by Duke's Root Control. Following the evaluation process, staff determined that Duke's Root Control has the qualifications to provide chemical root control for the City of Turlock.
3. FISCAL IMPACT / BUDGET AMENDMENT:
Funding for chemical root control services of sanitary sewer lines is included in the annual operating budget for Fund 410, GL 410-51-531.43324 SEWER ROOT SYSTEM. The proposed agreement provides for a total agreement amount of $125,000 over the five-year term, subject to annual budget appropriations.
4. ENVIRONMENTAL DETERMINATION:
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public facilities involving negligible or no expansion of existing use. The proposed agreement provides routine maintenance services for the City's existing sanitary sewer collection system and will not result in expansion of the existing facilities or their use.
Agenda Staff Report
9/8/2026
5. ALTERNATIVES:
Council could choose not to award the agreement, which could increase the risk of sewer blockages, emergency maintenance, and sanitary sewer overflows.
6. ATTACHMENTS:
1. Agreement CC 2027-032 with Duke's Root Control
CITY CONTRACT NO. 2027-032 1
AGREEMENT BETWEEN THE CITY OF TURLOCK
and
Duke's Root Control, Inc.
for
Chemical Root Control Services of Sanitary Sewer Lines
City Contract No. 2027-032
THIS SERVICE PROVIDER AGREEMENT (the “Agreement”) is entered into by and between the City of Turlock, a California municipal corporation (“ City”), and Duke's Root Control, Inc. , a New York corporation (“Service Provider”), on Tuesday, September 8, 2026 (the “Effective Date”). City and Service Provider 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 Service Provider services to assist City with the Chemical Root Control Services of Sanitary Sewer Lines (the “Project”).
B. Service Provider has made a proposal to City to provide such Service Provider services. A description of the services Service Provider 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 Service Provider 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 Service Provider 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:
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CITY CONTRACT NO. 2027-032 2
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 incons istency between the Recitals and Sections 1 through 52 of this Agreement, the Sections 1 through 52 shall prevail.
2. TERM:
The term of this Agreement shall be five (5) years and will commence on the Effective Date and terminate on Sunday, September 7, 203 1 (“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:
{Intentionally Omitted}
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, Service Provider shall provide City the Services described in Exhibit A. Any request for Service s not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “Modifications”). Service Provider shall not receive additional compensation for any Modification of the Services unless the Parties agree other wise 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 p erformance of Service Provider’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Service Provider and, if necessary, amend the Completion Schedule or Compensation Schedu le. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Service Provider 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. SERVICE PROVIDER REQUESTED MODIFICATION IN SERVICES:
Service Provider shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
A. Service Provider provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall: (1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Service Provider's proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; Docusign Envelope ID: F2103B48-A1AA-8B38-82A5-2A237F0E5E65
CITY CONTRACT NO. 2027-032 3
(3) set forth the Service Provider’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Service Provider’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.
6. COMPENSATION:
6.1. AMOUNT, TIME AND MANNER OF PAYMENT FOR SERVICE PROVIDER SERVICES:
City shall pay Service Provider according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Service Provider will be allowe d to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San Francisco -Oakland Consumer Price Index ("CPI") for all urban consumers or percentage increases in Service Provider’s published prices, whichev er is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable. City’s total compensation to Service Provider shall not exceed One Hundred and Twenty Five Thousand and No/100ths Dollars ($125,000.00) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
6.2. DEPOSIT:
{Intentionally Omitted}
6.3. SUBSEQUENT PAYMENTS:
City shall make monthly payments in the amount invoiced by Service Provider within thirty (30) calendar days of receiving such i nvoice. In the event that an amount of an invoice is in dispute, City shall inform Service Provider 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:
Service Provider shall provide City with monthly invoices sufficiently evidencing Service Provider's expenses and completion of the Services. All invoices furnished to City by Service Provider shall be in a form approved by City. The payments specified shall be the only p ayments made to Service Provider for performance of the Services, including compensation for any Modification. Service Provider 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:
Service Provider shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”).
8. TIME OF PERFORMANCE:
Service Provider warrants that it will commence performance of the Services within thirty (30) 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 SERVICE PROVIDER:
{Intentionally Omitted}
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CITY CONTRACT NO. 2027-032 4
10. TIME AND PERSONNEL DEVOTED TO SERVICES:
Service Provider shall devote such time and personnel to the perf ormance 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 Service Provider. Service Provider will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s reques t, shall be supervised by Service Provider. Service Provider 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 SERVICE PROVIDER:
City relies upon the following representations by Service Provider in entering into this Agreement:
12.1. QUALIFICATIONS:
Service Provider 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. Service Provider shall also ensure that all subcontractors are similarly licensed and qualified. Service Provider and all subcontractors shall also obtain a business license from City before they commence performance of the Services. Service Provider represents and warrants to City that Service Provider shall, at Service Provider'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 Service Provider to practice Service Provider's profession at the time the Services are rendered.
12.2. SERVICE PROVIDER PERFORMANCE:
Service Provider represents that all S ervices 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 providers of the Services to be provided. Service Provider shall adhere to accepted Service Provider standards as set forth by relevant Service Provider associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted Service Provider customs, procedures and standards for such Services. Service Provider agrees that, if a Service is not performed, in addition to all of its obligations under this Agreement and at law, Service Provider shall re -perform or replace unsatisfactory Service at no additional expense to City.
12.3. NO WAIVER OF CLAIMS:
The granting of any progress payment by City, or the receipt thereof by Service Provider, 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 Service Provider to re -perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character of such Service m ay not have been apparent or detected at the time of such payment, inspection, review or approval.
12.4. CITY'S REMEDIES ARE CUMULATIVE:
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CITY CONTRACT NO. 2027-032 5
Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Service Provider 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:
Service Provider 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:
Service Provider 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 Service Provider must be in accordance with these laws, ordinances, codes and regulations. Service Provider’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, Service Provider shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Service Provider 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 Service Provider's subcontractor, if any; (c) name and address of Service Provider'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 mate rial, substance, or waste occurs in connection with the performance of this Agreement, Service Provider shall immediately notify City. Service Provider shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
14. CONFIDENTIALITY:
Service Provider understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Service Provider 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”).
Service Provider 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 Service Provider written authorization to make any such disclosure, Service Provider shall do so only within the limits and to the extent of that authoriz ation. Service Provider 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, Service Provider agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
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CITY CONTRACT NO. 2027-032 6
Notwithstanding the foregoing, Service Provider may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Service Provider 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.
15. EXCUSABLE DELAYS; NOTICE TO OTHER PARTY OF DELAY:
Service Provider 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 Service Provider. Force Majeure does not include:
(a) Service Provider’s financial inability to perform; (b) Service Provider’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Service Provider’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 Service Provider.
16. ASSIGNMENT PROHIBITED:
No Party to this Agreement may assign any right or obligati on 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.
17. SUSPENSION OF SERVICES BY CITY:
City reserves the right to suspend Service Provider's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Service Provider notice of such suspension and Service Provider 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 reasons other than the fault of the Service Provider, the Service Provider shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Service Provider's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Service Provider 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 Service Provider during the period when Services were suspended.
If the Parties are unable to agree upon the amount of extra compensation which is due to Service Provider within thirty (30) days of Service Provider resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Service Provider for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with "Arbitration of Disputes" of this Agreement. Such arbitration shall be commenced by the Service Provider 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 ca rry 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.
18. OWNERSHIP OF WORK PRODUCT:
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Any and all work, artwork, copy, posters, b illboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, Service Provider or technical information or data, photographs, notes, letters, emails or any original w orks of authorship created by Service Provider 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 Service Provider or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Service Provider hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Service Provider 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 Service Provider agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Service Provider's Services hereunder. Service Provider shall have no ownership interest in such Products.
All work product of Service Provider under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, i ncluding 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, Service Provider agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
19. 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 Service Provider. In the event City shall give such notice of termination, Ser vice Provider shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
A. Service Provider shall deliver copies of all Products prepared by it pursuant to this Agreement.
B. If City termin ates this Agreement for convenience before City issues the Notice to Proceed to Service Provider or before Service Provider commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Service Provider. If Cit y terminates this Agreement after City has issued the Notice to Proceed to Service Provider and after Service Provider has commenced performance under this Agreement, City shall pay Service Provider the reasonable value of the Services rendered by Service Provider pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Service Provider's actual or projected lost profits had Service Provider completed the Services. Service Provider shall furnish to City s uch financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Service Provider prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Service Provider 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, Docusign Envelope ID: F2103B48-A1AA-8B38-82A5-2A237F0E5E65
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upon the request of either Party, be resolved by a rbitration conducted in accordance with "Arbitration of DIsputes" 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 Service Provider after the date of the notice of termination.
20. ASSURANCE OF PERFORMANCE:
If, at any time, City believes Service Provider 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 Service Provider for written assurances of performance and a plan to correct observed de ficiencies in Service Provider's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
21. CANCELLATION FOR BREACH BY EITHER PARTY:
Should either Party fail to s ubstantially 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 Service Provider 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.
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 Service Provider'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 Service Provider.
City shall not in any manner be liable for Service Provider's actual or projected lost profits had Service Provider completed the Services required by this Agreement.
22. NON-DISCRIMINATION:
In its performance of the Services, Service Provider shall adhere to City’s Equal Employment Opportunity Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phases of the hiring process and promotion, and to enjoy the benefits of employment with the City.
All employees and applicants shall receive equal c onsideration 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 feder al or state statutes, the City’s ordinances, resolutions, or, 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.
23. ARBITRATION OF DISPUTES:
All claims, disputes, and other matters in question between City and Service Provider arising out of or relating to this Agreement or the breach thereof, including claims of Service Provider 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 Docusign Envelope ID: F2103B48-A1AA-8B38-82A5-2A237F0E5E65
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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 Service Provider, 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 the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exis ts, the losing Party shall pay all costs and attorney's fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
A. Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.
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.
24. INSURANCE COVERAGE:
During the Term, the Service Provider, 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 admitted in California with a current A M Best’s rating of no less than A -:VII and will provide City with written proof of said insurance. Service Provider shall maintain coverage as follows:
24.1. COMMERCIAL GENERAL LIABILITY:
Service Provider shall maintain commercial general liability insurance w ith 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 Docusign Envelope ID: F2103B48-A1AA-8B38-82A5-2A237F0E5E65
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Dollars ($2,000,000.0 0) 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.
24.2. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY:
Service Provider shall maintain workers’ compensation insurance as required by the State of California under the Labor Code. Service Provider 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.
24.3. COMMERCIAL AUTOMOBILE LIABILITY:
Service Provider shall maintain comm ercial 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.
24.4. CONTRACTOR'S POLLUTION INSURANCE:
Pollution Coverage shall be provided on a Contractors Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than Two Million Dollars ($2,000,000.00) per claim. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. The policy shall provide and be endorsed to include the City, its officials, officers, agents, employees and volunteers as additional insureds.
24.5. UMBRELLA OR EXCESS POLICY:
Service Provider 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 a ll 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 Service Provider's primary and excess liability policies are exhausted.
24.6. WAIVER OF SUBROGATION:
With the exception of Service Provider liability, Service Provider hereby agrees to waive subrogation which any insurer of Service Provider may acquire from Service Provider 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 Service Provider, i ts agents, employees, independent contractors and subcontractors. Service Provider shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Service Provider agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.
25. ADDITIONAL INSURANCE REQUIREMENTS:
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Within five (5) days of the Effective Date, Service Provider shall provide City with certificates of insurance and amendatory endorsements for all of the policies re quired under this Agreement (“Certificates and Endorsements”). Such Certificates and Endorsements shall be kept current for the Term of the Agreement and Service Provider shall be responsible for providing updated copies. With the exception of the workers’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Serv ice Provider and shall be endorsed to state such; (c) cover products and completed operations of Service Provider, premises owned, occupied, or used by the Service Provider, or automobiles owned, leased, or hired or borrowed by the Service Provider; contai n 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 Service Provider’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.
26. INDEMNIFICATIONS:
26.1. INDEMNIFICATION FOR PROFESSIONAL LIABILITY:
When the law establishes a professional standard of care for any portion of the Services provided under this Agreement, to the fullest extent permitted by law. Service Provider 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 lim itation, injury to or death of an employee of Service Provider or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts or omissions of Service Provider, or any direct or indirect subcontractor, employee, contractor, representative or agent of Service Provider, or anyone that Service Provider 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, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Service Provider, the Service Provider waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
26.2. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY:
Other than in the performance of professional services and to the full extent per mitted by law, Service Provider 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, suit s, 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 exper t 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 Service Provider or by any individual or agency for which Service Provider is legally liable, i ncluding, but not limited to, officers, agents, employees, or subcontractors of Service Provider.
27. LIABILITY OF CITY:
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Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on co ntract 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.
28. INDEPENDENT CONTRACTOR:
At all times during the Term, Service Provider shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Service Provider performs the Services required under this Agreement. Service Provid er 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 be tween City and Service Provider. City shall have the right to control Service Provider only insofar as the result of Service Provider’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Service Provider accomplishes Services rendered pursuant to this Agreement.
29. SERVICE PROVIDER NOT AGENT:
Except as City may specify in writing, Service Provider shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Service Provider shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
30. 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 Service Provider.
31. 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: Carlos Guerrero, Manager
156 S. Broadway, Suite 270
Turlock, California 95380
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: Katie O. Lucchesi, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
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If to Service Provider: Duke's Root Control, Inc.
Attn: Tom Edwards, Area Sales Manager
23575 Cabot Blvd, Suite 208
Hayward, California 94545
32. CITY CONTRACT ADMINISTRATOR:
City’s contract administrator and contact person for this Agreement is:
Nicole Mann, Staff Services Technician
156 S. Broadway, Suite 270
Turlock, California 95380
Telephone: 209-668-5590 ext 4452
E-mail: [email protected]
33. INTERPRETATION:
As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
34. USE OF CITY PROJECT NUMBER:
{Intentionally Omitted}
35. 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.
36. 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.
37. 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.
38. 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 beh alf 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 be en fully Docusign Envelope ID: F2103B48-A1AA-8B38-82A5-2A237F0E5E65
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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.
39. 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.
40. GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the state of California.
41. VENUE:
Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
42. 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.
43. EXECUTION AND COUNTERPARTS:
This Agreement may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed 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.
44. 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 Service Provider’s charges to City under this Agreement.
45. 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. Should any conflict exist between the terms and conditions of the Agreement and any and all exh ibits attached hereto, the terms and conditions of the Agreement shall prevail.
46. SUPERSEDES PRIOR AGREEMENT:
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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.
47. MANDATORY AND PERMISSIVE:
“Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
48. 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.
49. HEADINGS:
Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
50. ATTORNEY'S FEES AND COSTS:
If any action at law or in equity not resolved pursuant to "Arbitration of Disputes" of t his 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.
51. NECESSARY ACTS AND FURTHER ASSURANCES:
The Parties shall at their own cost and expense execute and deliver such further documents and instr uments 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.
52. TIME IS OF THE ESSENCE:
Time is of the essence in this Agreement for each covenant and term of a condition herein.
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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.
Duke's Root Control, Inc. CITY OF TURLOCK, a California municipal corporation **signature_139559**
SIGNATURE
**name_139559**
FULL NAME
**role_139559**
TITLE
**date_signed_139559**
DATE SIGNED
**signature_139558**
SIGNATURE
**name_139558**
FULL NAME
**role_139558**
TITLE
**date_signed_139558**
DATE SIGNED
APPROVED AS TO SUFFICIENCY:
**signature_139561**
SIGNATURE
**name_139561**
FULL NAME
**role_139561**
TITLE
**date_signed_139561**
DATE SIGNED
APPROVED AS TO FORM:
**signature_139563**
SIGNATURE
**name_139563**
FULL NAME
**role_139563**
TITLE
**date_signed_139563**
DATE SIGNED
ATTEST:
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Matt Fishbune
9/1/2026
Christopher Fisher
Municipal Services Director
**signature_139562**
SIGNATURE
**name_139562**
FULL NAME
**role_139562**
TITLE
**date_signed_139562**
DATE SIGNED
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Exhibits List
A - Duke's Root Control, Inc.
B - Duke's Root Control - Methodology
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Exhibit A
Duke's Root Control, Inc.
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Exhibit B
Duke's Root Control - Methodology
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City Council Staff Report
September 8, 2026
From: Bill Morris, City Engineer
Prepared by: Kimberly Bristow, Staff Services Analyst
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Resolution: Adopting a Resolution of Intention of the City Council of the City of Turlock, California, declaring intention to annex territory to the City of Turlock Community Facilities District No. 3 (Maintenance Services) and adopting a map of the area proposed to be annexed thereto (Annexation No. 2)
2. NARRATIVE:
On August 12, 2025, the City Council adopted Resolution No. 2025-147, establishing Community Facilities District No. 3 (Maintenance Services) ("CFD No. 3") to fund the ongoing maintenance and operations of public improvements associated with new development projects. Any new development project requiring a parcel map, subdivision map, general plan amendment, rezone, planned development, area-wide plan, annexation, or other discretionary permits may be required to annex into CFD No. 3 as a condition of approval. This ensures long-term funding for services such as street lighting, landscaping, storm drain facilities, sidewalks, and streets.
Adoption of a Resolution of Intention formally initiates the annexation process into CFD No.
3. CFD No. 3 ensures that maintenance costs of new developments are not absorbed by the General Fund, protecting existing taxpayers from the added financial burden.
Annexation No. 2 – Verano
Annexation No. 2 marks the second annexation into CFD No. 3. It encompasses Verano, a subdivision of approximately 13.61 acres into 114-single family residential lots, located at 1601 W. Monte Vista Avenue and 3201 Four Seasons Drive, and identified as Stanislaus County Assessor’s Parcels 087-033-001 through 087-033-049 and 087-012-065. The City of Turlock’s Planning Commission previously approved Vesting Tentative Subdivision Map 2024-02, which includes CFD annexation as a condition of approval.
The Verano development will require the maintenance and operation of nine streetlights, approximately 92,000 square feet of street slurry seal and overlay, 3,000 linear feet of street sweeping, storm drain maintenance, as well as maintenance and future replacement of street trees, sidewalk, curb, and gutter. Annexation No. 2 will secure dedicated funding for these services.
The annexation process will be conducted over three City Council meetings. The first meeting initiates the proceedings and it includes:
• Adoption of a Resolution of Intention, including the Rate and Method of Apportionment (RMA) for Annexation No. 2
Agenda Staff Report
9/8/2026
• Approval of the annexation boundary map
• Scheduling of the required public hearing
The public hearing, or the second meeting, is currently scheduled for October 13, 2026, and it will include:
• Confirmation of proof of publication of Notice of Public Hearing, signed Waiver and Consent form, received Ballot, signed Certificate of Clerk Regarding Receipt of Property Owner Waiver, Consent Form, and Ballot
• Public Hearing
• Adoption of Resolution Calling for a Special Election • Adoption of Resolution Declaring Results
The third and final meeting is scheduled for October 27, 2026, which is for the second and final reading of the ordinance to levy the special tax.
3. FISCAL IMPACT / BUDGET AMENDMENT:
Annexation No. 2 will generate $46,172.57 annually, or $405.02 per lot, as outlined in the RMA. This amount will be subject to annual Consumer Price Index (CPI) adjustments and deposited into Fund 232, which is exclusively designated for CFD No. 3.
There will be no impact on the General Fund. No budget amendment is required.
4. ENVIRONMENTAL DETERMINATION:
This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that this is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
5. ALTERNATIVES:
A. Council could decline to adopt the resolution which would halt the annexation process.
Staff does not recommend this because choosing this option would conflict with the existing conditions of approval for Vesting Tentative Subdivision Map 2024-02 and could leave the City without a dedicated funding source for the ongoing maintenance of the Verano development's public infrastructure.
B. Council could direct staff to modify the boundaries and terms for Annexation No. 2 prior to adoption. Staff does not recommend this option as it may require additional review or delays for the developer.
6. ATTACHMENTS:
1. Draft Resolution
2. CFD No.3 Annex #2 Boundary Map_Final
Agenda Staff Report
9/8/2026
RESOLUTION NO. 2026-
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF ADOPTING A RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF TURLOCK, CALIFORNIA, DECLARING INTENTION TO
ANNEX TERRITORY TO THE CITY OF TURLOCK COMMUNITY FACILITIES DISTRICT NO. 3 (MAINTENANCE SERVICES) AND ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED THERETO (ANNEXATION NO. 2)
WHEREAS, the City Council (the “City Council”) of the City of Turlock (the “City”) has established the City of Turlock Community Facilities District No. 3, County of Stanislaus, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council has received a written petition from Bright Development, Inc., the owner of certain real property known as “Verano” within the City requesting that such property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property for the purpose of financing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property (the “Services”), and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such Services and costs incidental thereto; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article
3.5. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Turlock, California,
Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.
Section 2. Name of District. The name of the existing Community Facilities District is City of Turlock Community Facilities District No. 3 (Maintenance Services), County of Stanislaus, State of California.
Section 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory
RESOLUTION NO. 2026-
described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.
Section 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the District is described on the map of the District recorded on July 7, 2025, in Book 7 of Maps of Assessment and Community Facilities Districts, Page 61, and as Instrument No 2025-0032880 in the official records of the County of Stanislaus. The territory proposed to be annexed to the District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 2, City of Turlock Community Facilities District No. 3, County of Stanislaus, State of California,” which is on file with the City Clerk (the “Annexation Map”).
Section 5. Types of Services; Incidental Expenses. A general description of the services which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is as follows:
• Maintenance and lighting of parks, parkways, streets, roads, and open space;
• Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems; • Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; and/or
• Any other services authorized under the Act.
The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the District. Services and facilities may be shared or provided in common within the existing district and the territory proposed to be annexed. Maintenance services funded by the City or other special districts shall not be eligible for CFD No. 3 funding.
Section 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the Services provided for in Section 5 above and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent (10%). The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “B” attached hereto and by this reference made a part hereof.
RESOLUTION NO. 2026-
Section 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of Stanislaus no later than 15 days prior to the date of the hearing specified in Section 10 hereof.
Section 8. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the District.
Section 9. Necessity. The City Council finds that the Services described in Section 5 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed annexation of territory to the District.
Section 10. Hearing on Annexation of Territory. A public hearing on the annexation of territory into the District shall be held at 6:00 p.m. on October 13th, 2026, in the Council Chambers of the City Council, 156 South Broadway, Turlock, California.
Section 11. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Sections 53339.4 and 53322 of the California Government Code and shall also give notice of the time and place of said hearing by first- class mail to each registered voter and to each landowner within the proposed community facilities district as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53322.
Section 12. Report. The officers of the City who are responsible for providing the Services to be financed by the District, including the territory proposed to be financed, if it is approved, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed annexation and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the Services by type and an estimate of the cost of providing those Services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof.
Section 13. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the annexation and the levy of special taxes within the territory proposed to be annexed to the District shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the "protest hearing") at least 12 persons have been registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a date selected
RESOLUTION NO. 2026-
by the City Council in conformance with the provisions of Section 53326 of the California Government Code ("Section 53326") and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election pursuant to Division 4 (commencing with Section 4000) of the California Elections Code.
(b) If at the time of the close of the protest hearing, and for at least one of the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns. If more than one of the record owners of an identified parcel submits or wishes to submit a ballot, the votes attributable to the parcel will be allocated to ballots for each owner in proportion to their respective record ownership interest, rounded to the nearest one-tenth of a vote, or, if the ownership interests are not shown on the record, as established to the satisfaction of the City Clerk, the votes attributable to the parcel shall be allocated according to the ownership interests shown by documentation submitted by those record owners. The election shall be conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable. (2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or
RESOLUTION NO. 2026-
deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the territory proposed to be annexed to the District.
(6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon
RESOLUTION NO. 2026-
completed and signed and all other information to be inserted thereon properly inserted by 5:00 o'clock p.m. on the date of the election. (8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.
The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
For purposes of the District and the Act, the terms “proposition” and “measure” have the same meaning.
BE IT FURTHER RESOLVED AND ORDERED that the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 8th day of September 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
Resolution No. 2026-
A-1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
APNs:
087-033-001
087-033-002
087-033-003
087-033-004
087-033-005
087-033-006
087-033-007
087-033-008
087-033-009
087-033-010
087-033-011
087-033-012
087-033-013
087-033-014
087-033-015
087-033-016
087-033-017
087-033-018
087-033-019
087-033-020
087-033-021
087-033-022
087-033-023
087-033-024
087-033-025
087-033-026
087-033-027
087-033-028
087-033-029
087-033-030
087-033-031
087-033-032
087-033-033
087-033-034
087-033-035
82741.00027\33736770.1
RESOLUTION NO. 2026-
A-2
087-033-036
087-033-037
087-033-038
087-033-039
087-033-040
087-033-041
087-033-042
087-033-043
087-033-044
087-033-045
087-033-046
087-033-047
087-033-048
087-033-049
087-012-065
Resolution No. 2026-
B-1
EXHIBIT B
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
Article I. For Annexation No. 2 to the City of Turlock Community Facilities District No. 3 (Maintenance Services), County of Stanislaus, State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within Annexation No. 2 to the City of Turlock Community Facilities District No. 3 (Maintenance Services), (“CFD No. 3 A2”), other than Assessor’s Parcels classified as Exempt Property as defined herein and collected each Fiscal Year commencing in Fiscal Year 2026-2027, in an amount determined by the CFD Administrator through the application of the procedures described below. All the real property within CFD No. 3 A2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area in acres shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560. “Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD No. 3: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD No. 3, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD No. 3, and any and all other costs incurred in connection with the administration of CFD No. 3. “Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of San Francisco-Oakland-Hayward, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
RESOLUTION NO. 2026-
B-2
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year beginning July 1, 2026 and ending June 30, 2027. “Building Permit” means a permit issued for construction of a residential dwelling or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human occupancy.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD No. 3. “CFD No. 3” means City of Turlock Community Facilities District No. 3 (Maintenance Services), established by the City Council under the Act.
“CFD No. 3 A2” means Annexation No. 2 to the City of Turlock Community Facilities District No. 3 (Maintenance Services), established by the City Council under the Act. “City” means the City of Turlock.
“City Council” means the Council of the City of Turlock, acting as the legislative body of CFD No. 3. “Commercial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for retail, professional/medical offices, or for any other uses that are consistent with commercial land use designations, as determined by the City. “County” means the County of Stanislaus.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before June 1 preceding the Fiscal Year for which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels within CFD No. 3 A2 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Final Mapped Property” means an Assessor’s Parcel of Taxable Property, exclusive of Developed Property, that is located within a recorded final map, parcel map, or condominium plan that creates individual lots for which Building Permits may be issued without further subdivision, as of January 1 of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied. “Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and development, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City.
RESOLUTION NO. 2026-
B-3
“Land Use Type” means any of the land use types listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
“Maintenance Services” means those authorized services that may be funded by CFD No. 3 pursuant to the Act, as amended including but not limited to maintenance and lighting of local parks, parkways, trailways, streets, roads, storm drainage systems, and open space, including without limitation public easements and rights-of-way. Maintenance Services funded by the City or other special districts shall not be eligible for CFD No. 3 funding.
“Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as any Residential Property, Public Property and Property Owner Association Property. “Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD No. 3 A2 that was owned by or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June 1st.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
“Residential Lot” means an individual Assessor’s Parcel located within Final Mapped Property that is intended for the development of one or more Residential Units. “Residential Property” means all Assessor’s Parcels of Developed Property within CFD No. 3 A2 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s). “Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property not classified as Multi-Family Residential Property.
“Special Tax” means the special tax authorized to be levied within CFD No. 3 A2 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Maintenance Services during such Fiscal Year, (ii) pay
RESOLUTION NO. 2026-
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Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Maintenance Services, (iv) pay incidental expenses related to the Maintenance Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section F.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property or Final Mapped Property.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2026-27, using the definitions above, each Assessor’s Parcel within CFD No. 3 A2 shall be classified by the CFD Administrator as Taxable Property or Exempt Property.
In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property, Final Mapped Property or Undeveloped Property.
Commencing with Fiscal Year 2026-27 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.
C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2026-27, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax, in accordance with the Method of Apportionment presented in Section D below.
The Maximum Special Tax rates for Developed Property for Fiscal Year 2026-27 are shown below in Table 1.
RESOLUTION NO. 2026-
B-5
TABLE 1
For each subsequent Fiscal Year commencing July 1, 2026, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.
2. Undeveloped Property and Final Mapped Property
Each Fiscal Year commencing in Fiscal Year 2026-27, each Assessor’s Parcel classified as Undeveloped Property or Final Mapped Property shall be subject to the Special Tax, in accordance with the Method of Apportionment presented in Section D below.
The Maximum Special Tax rate for Undeveloped Property and for Final Mapped Property shall be $405.02 per Residential Lot, or if the property does not contain Residential Lots $3,392.55 per Acre.
3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.
D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2026-2027 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on Taxable Property of CFD No. 3 A2 using the method described below until the total amount of Special Tax levied equals the Special Tax Requirement:
Land Use Type Maximum
Special Tax
Single-Family
Residential Property
$405.02 per
Residential Unit
Multi-Family Residential
Property
$283.51 per
Residential Unit
Commercial Property $3,392.55 per Acre
Industrial Property $3,392.55 per Acre
RESOLUTION NO. 2026-
B-6
1. First, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD No. 3 A2 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
2. Then, if additional revenues are needed, the Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Final Mapped Property within CFD No. 3 A2 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
3. Finally, if additional revenues are needed, the Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within CFD No. 3 A2 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.
F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administrator as affordable housing subject to income and rent restrictions recorded in a regulatory agreement with the City or other public agency, and (v) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.
G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
RESOLUTION NO. 2026-
B-7
H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 3 .
I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.
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RGD8040016080
ANNEXATION MAP NO. 2 TO CITY OF TURLOCKCOMMUNITY FACILITIES DISTRICT NO. 3(MAINTENANCE SERVICES)CITY OF TURLOCK, COUNTY OF STANISLAUS, STATE OF CALIFORNIA W. MONTE VISTA AVENUE
FOUR SEASONS DRIVE
N. WALNUT ROAD
SNOWBIRD DRIVELUMINA LANESOLEIL AVENUEVIENTO ROADORO VISTASOLSTICE WAYSNOWMASS LANEWHISTLER COURT TELLURIDELANESPRING VALLEY DRIVE1LEGEND
BRISA LANELIRIO DRIVEORO VISTACALIDA WAY51VICINITY MAPW. MONTE VISTA AVEN. WALNUT RDFOUR SEASONS DRN. WALNUT RDN. GOLDEN STATE BOULEVARD .W. CHRISTOFFERSEN PARKWAYDEWAR LANEN. KILROY ROADMOUNTAIN VIEW ROADSITESNOWBIRD DR
City Council Staff Report
September 8, 2026
From: Bill Morris, City Engineer
Prepared by: Kimberly Bristow, Staff Services Analyst
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Resolution: Adopting a Resolution of Intention of the City Council of the City of Turlock, California, declaring intention to annex territory to the City of Turlock Community Facilities District No. 3 (Maintenance Services) and adopting a map of the area proposed to be annexed thereto (Annexation No. 3)
2. NARRATIVE:
On August 12, 2025, the City Council adopted Resolution No. 2025-147, establishing Community Facilities District No. 3 (Maintenance Services) ("CFD No. 3") to fund the ongoing maintenance and operations of public improvements associated with new development projects. Any new development project requiring a parcel map, subdivision map, general plan amendment, rezone, planned development, area-wide plan, annexation, or other discretionary permits may be required to annex into CFD No. 3 as a condition of approval. This ensures long-term funding for services such as street lighting, landscaping, storm drain facilities, sidewalks, and streets.
Adoption of a Resolution of Intention formally initiates the annexation process into CFD No.
3. This ensures that maintenance cost of new development is not absorbed by the General Fund, protecting existing taxpayers from the added financial burden.
Annexation No. 3 – 300 N Soderquist Rd.
Annexation No. 3 marks the third annexation into CFD No. 3. It encompasses 300 N Soderquist Rd., a five-plex situated on a 0.46 acre residential lot, located between W. Main St. and Flower St. and identified as Stanislaus County Assessor’s Parcel 061-003-040. The City of Turlock’s Planning Commission previously approved Minor Discretionary Permit 2024-03, which includes CFD annexation as a condition of approval.
300 N Soderquist Rd will require the maintenance and operation of 12 streetlights, approximately 58,344 square feet of street slurry seal and overlay, 2,714 linear feet of street sweeping, storm drain maintenance, as well as maintenance and future replacement of street trees, sidewalk, curb, and gutter. This action will secure dedicated funding for these services.
The annexation process will occur over three City Council meetings. The first meeting initiates the proceedings and it includes:
• Adoption of a Resolution of Intention, including the Rate and Method of Apportionment (RMA) for Annexation No. 3
• Approval of the annexation boundary map
Agenda Staff Report
9/8/2026
• Scheduling of the required public hearing
The public hearing, or the second meeting, is currently scheduled for October 13, 2026, and it will include:
• Confirmation of proof of publication of Notice of Public Hearing, signed Waiver and Consent form, received Ballot, signed Certificate of Clerk Regarding Receipt of Property Owner Waiver and Consent Form and Ballot
• Public Hearing
• Adoption of Resolution Calling for a Special Election • Adoption of Resolution Declaring Results
The third and final meeting is scheduled for October 27, 2026, which is for the second and final reading of the ordinance to levy the special tax.
3. FISCAL IMPACT / BUDGET AMENDMENT:
Annexation No. 3 will generate $954.30 annually as outlined in the RMA. This amount will be subject to annual Consumer Price Index (CPI) adjustments and deposited into Fund 232, which is exclusively designated for CFD No. 3. There will be no impact on the General Fund and no budget amendment is required.
4. ENVIRONMENTAL DETERMINATION:
This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that the motion is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
5. ALTERNATIVES:
A. Council could decline to adopt the resolution which would halt the annexation process.
Staff does not recommend this because choosing this option would conflict with the existing conditions of approval for Minor Discretionary Permit 2024-03 and could leave the City without a dedicated funding source for the ongoing maintenance of the development's public infrastructure.
B. Council could direct staff to modify the boundaries and terms for Annexation No. 3 prior to adoption. Staff does not recommend this option as it may require additional review or delays for the developer.
6. ATTACHMENTS:
1. Draft Resolution
2. CFD No.3 -Annex No. 3 Boundary Map
Resolution No. 2026-
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF ADOPTING A RESOLUTION OF INTENTION OF THE
CITY COUNCIL OF THE CITY OF TURLOCK, CALIFORNIA, DECLARING
INTENTION TO ANNEX TERRITORY TO THE CITY OF TURLOCK COMMUNITY FACILITIES DISTRICT NO. 3 (MAINTENANCE SERVICES) AND ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED THERETO (ANNEXATION NO. 3)
WHEREAS, the City Council (the “City Council”) of the City of Turlock (the “City”) has established the City of Turlock Community Facilities District No. 3, County of Stanislaus, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council has received a written petition from Frank Sequeira , the owner of certain real property known as 300 N. Soderquist within the City requesting that such property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property for the purpose of financing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property (the “Services”), and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such Services and costs incidental thereto; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article
3.5;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Turlock, California,
Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.
Section 2. Name of District. The name of the existing Community Facilities District is City of Turlock Community Facilities District No. 3 (Maintenance Services), County of Stanislaus, State of California.
Section 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory
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described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.
Section 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the District is described on the map of the District recorded on July 7, 2025, in Book 7 of Maps of Assessment and Community Facilities Districts, Page 61, and as Instrument No 2025-0032880 in the official records of the County of Stanislaus. The territory proposed to be annexed to the District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 3, City of Turlock Community Facilities District No. 3, County of Stanislaus, State of California,” which is on file with the City Clerk (the “Annexation Map”).
Section 5. Types of Services; Incidental Expenses. A general description of the services which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is as follows:
• Maintenance and lighting of parks, parkways, streets, roads, and open space;
• Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems; • Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; and/or
• Any other services authorized under the Act.
The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the District. Services and facilities may be shared or provided in common within the existing district and the territory proposed to be annexed. Maintenance services funded by the City or other special districts shall not be eligible for CFD No. 3 funding.
Section 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the Services provided for in Section 5 above and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent (10%). The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “B” attached hereto and by this reference made a part hereof.
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Section 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of Stanislaus no later than 15 days prior to the date of the hearing specified in Section 10 hereof.
Section 8. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the District.
Section 9. Necessity. The City Council finds that the Services described in Section 5 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed annexation of territory to the District.
Section 10. Hearing on Annexation of Territory. A public hearing on the annexation of territory into the District shall be held at 6:00 p.m. on October 13, 2026, in the Council Chambers of the City Council, 156 South Broadway, Turlock, California.
Section 11. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Sections 53339.4 and 53322 of the California Government Code and shall also give notice of the time and place of said hearing by first- class mail to each registered voter and to each landowner within the proposed community facilities district as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53322.
Section 12. Report. The officers of the City who are responsible for providing the Services to be financed by the District, including the territory proposed to be financed, if it is approved, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed annexation and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the Services by type and an estimate of the cost of providing those Services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof.
Section 13. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the annexation and the levy of special taxes within the territory proposed to be annexed to the District shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the "protest hearing") at least 12 persons have been registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a date selected
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by the City Council in conformance with the provisions of Section 53326 of the California Government Code ("Section 53326") and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election pursuant to Division 4 (commencing with Section 4000) of the California Elections Code.
(b) If at the time of the close of the protest hearing, and for at least one of the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns. If more than one of the record owners of an identified parcel submits or wishes to submit a ballot, the votes attributable to the parcel will be allocated to ballots for each owner in proportion to their respective record ownership interest, rounded to the nearest one-tenth of a vote, or, if the ownership interests are not shown on the record, as established to the satisfaction of the City Clerk, the votes attributable to the parcel shall be allocated according to the ownership interests shown by documentation submitted by those record owners. The election shall be conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable. (2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or
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deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the territory proposed to be annexed to the District.
(6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon
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completed and signed and all other information to be inserted thereon properly inserted by 5:00 o'clock p.m. on the date of the election. (8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.
The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
For purposes of the District and the Act, the terms “proposition” and “measure” have the same meaning.
BE IT FURTHER RESOLVED AND ORDERED that the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 8th day of September, 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
Resolution No. 2026-
A-1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
APNs:
061-003-040
Resolution No. 2026-
B-1
EXHIBIT B
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
Article I. For Annexation No. 3 to the City of Turlock Community Facilities District No. 3 (Maintenance Services), County of Stanislaus, State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within Annexation No. 3 to the City of Turlock Community Facilities District No. 3 (Maintenance Services), (“CFD No. 3 A3”), other than Assessor’s Parcels classified as Exempt Property as defined herein and collected each Fiscal Year commencing in Fiscal Year 2026-2027, in an amount determined by the CFD Administrator through the application of the procedures described below. All the real property within CFD No. 3 A3, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area in acres shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560. “Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD No. 3: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD No. 3, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD No. 3, and any and all other costs incurred in connection with the administration of CFD No. 3. “Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of San Francisco-Oakland-Hayward, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
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“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year beginning July 1, 2026 and ending June 30, 2027. “Building Permit” means a permit issued for construction of a residential dwelling or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human occupancy.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD No. 3. “CFD No. 3” means City of Turlock Community Facilities District No. 3 (Maintenance Services), established by the City Council under the Act.
“CFD No. 3 A3” means Annexation No. 3 to the City of Turlock Community Facilities District No. 3 (Maintenance Services), established by the City Council under the Act. “City” means the City of Turlock.
“City Council” means the Council of the City of Turlock, acting as the legislative body of CFD No. 3. “Commercial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for retail, professional/medical offices, or for any other uses that are consistent with commercial land use designations, as determined by the City. “County” means the County of Stanislaus.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before June 1 preceding the Fiscal Year for which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels within CFD No. 3 A3 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Final Mapped Property” means an Assessor’s Parcel of Taxable Property, exclusive of Developed Property, that is located within a recorded final map, parcel map, or condominium plan that creates individual lots for which Building Permits may be issued without further subdivision, as of January 1 of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied. “Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and development, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City.
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“Land Use Type” means any of the land use types listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
“Maintenance Services” means those authorized services that may be funded by CFD No. 3 pursuant to the Act, as amended including but not limited to maintenance and lighting of local parks, parkways, trailways, streets, roads, storm drainage systems, and open space, including without limitation public easements and rights-of-way. Maintenance Services funded by the City or other special districts shall not be eligible for CFD No. 3 funding.
“Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as any Residential Property, Public Property and Property Owner Association Property. “Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD No. 3 A3 that was owned by or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June
1. “Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
“Residential Lot” means an individual Assessor’s Parcel located within Final Mapped Property that is intended for the development of one or more Residential Units. “Residential Property” means all Assessor’s Parcels of Developed Property within CFD No. 3 A3 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s). “Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property not classified as Multi-Family Residential Property.
“Special Tax” means the special tax authorized to be levied within CFD No. 3 A3 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Maintenance Services during such Fiscal Year, (ii) pay
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Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Maintenance Services, (iv) pay incidental expenses related to the Maintenance Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section F.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property or Final Mapped Property.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2026-27, using the definitions above, each Assessor’s Parcel within CFD No. 3 A3 shall be classified by the CFD Administrator as Taxable Property or Exempt Property.
In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property, Final Mapped Property or Undeveloped Property.
Commencing with Fiscal Year 2026-27 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.
C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2026-27, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax, in accordance with the Method of Apportionment presented in Section D below.
The Maximum Special Tax rates for Developed Property for Fiscal Year 2026-27 are shown below in Table 1.
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TABLE 1
For each subsequent Fiscal Year commencing July 1, 2026, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.
2. Undeveloped Property and Final Mapped Property
Each Fiscal Year commencing in Fiscal Year 2026-27, each Assessor’s Parcel classified as Undeveloped Property or Final Mapped Property shall be subject to the Special Tax, in accordance with the Method of Apportionment presented in Section D below.
The Maximum Special Tax rate for Undeveloped Property and for Final Mapped Property shall be $1,363.29 per Residential Lot, or if the property does not contain Residential Lots $2,165.74 per Acre.
3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.
D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2026-2027 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on Taxable Property of CFD No. 3 A3 using the method described below until the total amount of Special Tax levied equals the Special Tax Requirement:
Land Use Type Maximum
Special Tax
Single-Family
Residential Property
$1,363.29 per
Residential Unit
Multi-Family Residential
Property
$954.30 per
Residential Unit
Commercial Property $2,165.74 per Acre
Industrial Property $2,165.74 per Acre
82741.00027\33736770.1
Resolution No. 2026-
B-6
1. First, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD No. 3 A3 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
2. Then, if additional revenues are needed, the Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Final Mapped Property within CFD No. 3 A3 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
3. Finally, if additional revenues are needed, the Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within CFD No. 3 A3 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.
F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administrator as affordable housing subject to income and rent restrictions recorded in a regulatory agreement with the City or other public agency, and (v) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.
G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
82741.00027\33736770.1
Resolution No. 2026-
B-7
H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 3.
I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.
0400200
ANNEXATION MAP NO. 3 TO CITY OF TURLOCKCOMMUNITY FACILITIES DISTRICT NO. 3(MAINTENANCE SERVICES)CITY OF TURLOCK, COUNTY OF STANISLAUS, STATE OF CALIFORNIA WEST MAIN STREETFLOWER ST.
SODERQUIST ROAD
ALASKA STREET
1LEGEND
WEST AVENUE NORTHW. OLIVE AVE
VICINITY MAP
WEST MAIN STREET
ALASKA ST.SODERQUIST ROAD
TULLY ROAD
CANAL DRIVE
ANNEXATIONAREAFLOWER ST.
FLORENCE ST.
CLIFFORD AVE.WEST AVE NORTH
HIGHWAY 99
CLIFFORD AVE1
ANNEXATIONAREA
City Council Staff Report
September 8, 2026
From: Will Richards, Interim Municipal Services Director/ SRWA General Manager
Prepared by: David Barr, Fleet Services Manager
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Motion: Approving the purchase of a 19 Ton Boom Crane on a Peterbilt 537 Chassis from Custom Truck One Source pursuant to Sourcewell Contract No. 091125-CUK, for a total amount not to exceed $357,764.60 including a 10% contingency expensed to Funds 410 "Water Quality Control" and 420 "Water" in accordance with Turlock Municipal Code Section 2-7-08(b)(5) allowing the use of joint, cooperative, or leveraged purchasing plans and not requiring an additional City bid procedure
2. NARRATIVE:
Staff requests approval to purchase a Load King Stinger 19-70 19 Ton Boom Crane on a Peterbilt 537 4x2 chassis including a 10% contingency from Custom Truck One Source pursuant to the Sourcewell Contract No. 091125-CUK, for a total amount not to exceed $357,764.60.
The proposed Load King Stinger 19-70 Boom Crane on a Peterbilt 537 4x2 chassis will be primarily used by the City of Turlock's Water and Wastewater Divisions of the Municipal Services Department for raising and lowering pump motors, well components and other structures as needed. This unit will be used to replace a 1992 similar model crane and truck that has exceeded the vehicle's useful life as well as current CARB regulations. This is critical to keep the City of Turlock's water wells and pumps in good order for service to the City residents.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The purchase of a Load King Stinger 19-70 19 Ton Boom Crane on a Peterbilt 537 4x2 chassis from Custom Truck One Source will be expensed equally to account numbers 410- 51-145-222.51020 (50%), 420-52-145-223.51020 (50%).
Appropriate funds have been allocated during the Fiscal Year (FY) 2026-27 budget process to fund this purchase. The Purchasing Division has made the determination that this item does not require a competitive procedure due to TMC 2-7-08 (b) (5) that states, bidding is not required when engaged in joint, cooperative, or leveraged purchasing plans that have been solicited and awarded on a competitive basis.
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.
Agenda Staff Report
9/8/2026
5. ALTERNATIVES:
A. Council could choose to not replace the crane at this time. Staff does not recommend this alternative as it would force us to keep a 34-year-old unit in operation. Crane boom components can weaken over time, compromising safety. This vehicle is also not CARB compliant for full-time use and is also the last manual transmission vehicle in our fleet. With commercial driver restrictions regarding automatic transmissions, the pool of eligible drivers is decreasing.
B. Council could direct staff to outsource crane operations to a crane company. Staff does not recommend this alternative as it would be costly. Further, when a well pump goes down, there is not always a lot of time to schedule with another company, especially during off hours, to complete the work in a timely manner in order for the City to continue providing adequate water services to residents.
6. ATTACHMENTS:
1. Quote
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888-684-8146 www.customtruck.com
ASK ABOUT THE CUSTOMIZED AND FLEXIBLE LEASING & FINANCING
SOLUTIONS AVAILABLE FROM CUSTOM TRUCK CAPITAL
DISCLAIMER: Specifications are believed to be correct, but may contain errors and/or omissions.
Pictures are representative and may not be identical. QUOTE NUMBER: QR-065091 EXPIRATION DATE: 9-30-26 Pric e Is Subject T o Change Without Notic e And Is Not Guar ant eed Due T o Fluctuation In Mat erial Or Component Pric es, Including Manuf actur er ’ s Sur char ges.
ENGINE
PACCAR PX-9 360HP
18.7 CFM Air Compressor
C-Brake By Jacobs
TRANSMISSION
Allison 3000 RDS
FRONT AXLE
Meritor MFS+13 13K
11R22.5 Tires
Aluminum Wheels
FRONT SUSPENSION
13,200K Taper Leaf
REAR AXLE
Meritor MS21-14X 21K
5.29 Ratio
11R22.5 Tires
Aluminum Wheels
REAR SUSPENSION
Peterbilt Air Trac 23,000 lb
Light Weight
FUEL TANKS
70 Gal Aluminum Fuel
14 Gal DEF
GVWR
33,000
Brakes
Air
INTERIOR FEATURES
Peterbilt Aerodynamic 107in BBC SMC Hood
Outside Sunvisor - Stainless Steel
Thermal Insulation Package in Cab
High Back/Air Driver
Non-Air/ High Back Passenger
Power Windows/Locks
Adjustable Steering Column - Tilt/Telescope
Probilt Interior Charcoal Gray - Curved Roof
Peterbilt Aero Rear View Mirror, Motorized
(2) Air Horns Round, 26” Length
(5) LED Marker Lights, Chrome Housing
CHASSIS SPECS EQUIPMENT SPECS
Load King Stinger 19-70
19 Ton Boom
Peterbilt 537 4x2
QR-065091
City of Turlock. Sourcewell member #101769
Custom Truck One Source Sourcewell # 091125-CUK
LOAD KING 19-70 19 TON BOOM
19 Tons Capacity Rating
Mainframe Consists Of All-Steel, Box Construction
Subframe Length Designed For 20’ Flatbed
Dual Side Stand-Up Controls With Foot Throttle Pedal
Rotation Planetary Gearbox - Hydraulic Motor Driven With 370-Degrees Of Non-Continuous Swing Rotation
Crane Consoles Include 4 Lever Rubber Booted Control Handles Rated Capacity Limiter System With Digital Read Out Display, And Integrated Work Area Definition Program
Boom Tip Head Is Equipped With 2 Bottom Head Sheaves
High Capacity Full Flow Oil Filtration System With A 70 Gallon Capacity Combined Flow Planetary Hoist - Hydraulic Motor Driven
Warning Light For High Hydraulic Oil Temperature
70’ Three Section Keel Designed Boom, Full Power, Mechanically Synchro-nized
Single Front Outrigger (For 360 Degree Capacity)
9/16” Rotation Resistant Wire Rope
Load Ball With Swivel Hook
20’ Super Duty Steel Flatbed (1/8" Steel Treadplate Floor) Hot Shift PTO
(3)
24”x24”x36” Steel Underbed Tool Boxes
17.5 Ton (1 Sheave) Load Block
Hydraulic Oil Cooler
Four Corner Strobe Lights
Flood Light Mounted On Turret
Cone Holder Mounted Under Bed
CTOS Contract Price: N/A
CTOS Open Market Price: $324,529
$5,050 Drive Away Freight
$195 Exempt Plate Registration Fee
Grand Total: $329,774 Plus CA. Sales Tax
Ex Works: Kansas City, MO
City Council Staff Report
September 8, 2026
From: Nichole Fiez, City Clerk
Prepared by: Nichole Fiez, City Clerk
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Resolution: Adopting the City of Turlock's 2026 Conflict of Interest Code
2. NARRATIVE:
Pursuant to Government Code Section 87306.5, every agency shall adopt a Conflict of Interest Code to include a specific enumeration of positions (designated employees) within the agency which involve the making or participation in the making of governmental decisions which may foreseeably have a material effect on any specified financial interest. A Conflict of Interest Code must reflect the current structure of the organization and tell public officials, governmental employees, and consultants what financial interests they must disclose on their Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700. Additionally, a Conflict of Interest Code helps to provide transparency in local government agencies as required under the Political Reform Act.
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially. The completed biennial notice must be filed with the agency’s code reviewing body (City Council) by October 2026. If amendments to an agency’s Conflict of Interest Code are necessary, the amended code must be approved by the code reviewing body before becoming effective.The City of Turlock’s Conflict of Interest Code has been amended as necessary over time to reflect changes in regulations and designated positions.
A revised Code was last adopted by the City Council on March 26, 2024, Resolution No. 2024-035. Staff has reviewed the current Code and determined an amendment is necessary to account for new, modified or eliminated job classifications listed as “designated employees.” The proposed amendment, as outlined in Exhibit A to the Resolution, reflect these changes.
3. FISCAL IMPACT / BUDGET AMENDMENT:
No Fiscal Impact.
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. ALTERNATIVES:
Council may wish to leave the Conflict of Interest Code status quo and not include the recommended/amended designated positions, or the Council can request changes/updates made.
Agenda Staff Report
9/8/2026
6. ATTACHMENTS:
1. Draft Resolution
2. Exhibit 1 - Conflict of Interest Update 2026
RESOLUTION NO. 2026-XXX
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
ADOPTING THE 2026 CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 2024-035
WHEREAS, California Government Code Section 87300 et seq. requires local agencies to adopt and biennially review a Conflict of Interest Code identifying designated positions that participate in governmental decisions and the financial interests those positions are required to disclose on the Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700; and
WHEREAS, the City Council adopted the City of Turlock Conflict of Interest Code by Resolution No. 2024-035 on March 26, 2024, and staff have determined that amendments are necessary to reflect the City’s current organizational structure, designated positions, and disclosure categories, as set forth in Exhibit 1; and
WHEREAS, the Political Reform Act requires every local government agency to review its Conflict-of-Interest Code biennially. The completed biennial notice must be filed with the agency’s code reviewing body by October 1, 2026. If amendments to an agency’s Conflict of Interest Code are necessary, the amended code must be approved by the code reviewing body before becoming effective; and
WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) as the project involves minor alteration of an existing public facility and negligible expansion of existing use.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby rescind Resolution No. 2024-035 and adopt an amended Conflict of Interest Code for the City of Turlock to update the list of designated employees and reporting categories for filing of the Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock on this 8th day of September 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
___________________________
Nichole Fiez, City Clerk
City of Turlock, County of Stanislaus,
State of California
EXHIBIT 1
City of Turlock - 2026 Conflict of Interest Code Amendment - Redline Working Draft
CITY OF TURLOCK
2026 CONFLICT OF INTEREST CODE AMENDMENT
APPENDIX A - DISCLOSURE CATEGORIES
Disclosure Category 1
All interests in real property located within the City of Turlock or within two (2) miles of the boundaries of the City of Turlock or within two (2) miles of any land owned or used by the City of Turlock; and investments and business positions in business entities, and income, including loans, gifts, and travel payments, from all sources.
Disclosure Category 2
All interests in real property located within the City of Turlock or within two (2) miles of the boundaries of the City of Turlock or within two (2) miles of any land owned or used by the City of Turlock.
Disclosure Category 3
All investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the City of Turlock.
Disclosure Category 4
All investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the department or division to which the filer is assigned duties.
Disclosure Category 5
All investments, business positions and income, including loans, gifts, and travel payments, from sources, that are subject to the regulatory, permit or licensing authority of, or have an application for a license or permit pending before the City of Turlock.
Disclosure Category 6
All investments, business positions and income, including loans, gifts, and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City of Turlock.
EXHIBIT 1
City of Turlock - 2026 Conflict of Interest Code Amendment - Redline Working Draft
APPENDIX B - DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
OFFICE OF CITY MANAGER & CITY ATTORNEY
Position Disclosure
Category
Deputy City Manager 1
Economic Development Manager 1
Risk Manager 1
City Clerk 3
Deputy City Clerk 4
Management Analyst 3
Executive Legal Assistant – Paralegal 3
Public Information Officer 3
Staff Services Technician 4
HUMAN RELATIONS
Position Disclosure
Category
Human Relations Director 1
Principal Human Relations Analyst 4
Human Relations Specialist 4
Human Relations Analyst 4
INFORMATION TECHNOLOGY
Position Disclosure
Category
Information Technology Director 1
Information Technology Manager 3
Staff Services Technician 4
FINANCE
Position Disclosure
Category
Finance Director 1
Accountant III 1
Financial Customer Service Manager 4
Financial Customer Services Supervisor 4
Accountant, Principal 1
Purchasing Manager 3
Purchasing Supervisor 3
EXHIBIT 1
City of Turlock - 2026 Conflict of Interest Code Amendment - Redline Working Draft Position Disclosure
Category
Purchasing Coordinator 3
Purchasing Specialist 3
FIRE
Position Disclosure
Category
Fire Chief 1
Fire Captain 2, 4, 5, 6
Fire Division Chief 2, 4, 5, 6
Fire Marshal 2, 4, 5, 6
Fire Battalion Chief/Fire Division Chief – Operations 2,4,5,6 Fire Operations Support Analyst 4
POLICE
Position Disclosure
Category
Police Chief 1
Police Captain 2, 4, 5, 6
Police Lieutenant 2, 4, 5, 6
Police Sergeant 2, 4, 5, 6
Code Enforcement Supervisor 2, 5
Executive Administrative Assistant/Public Safety 4
Police Business Unit Supervisor 4
Police Support Operations Manager 4
Police Records Supervisor 4
Public Safety Business Analyst 4
Public Safety Communications Supervisor 4, 5
Animal Control Officer, Supervisor 4, 5
Staff Services Assistants 4, 5
DEVELOPMENT SERVICES
Position Disclosure
Category
Development Services Director 1
Code Enforcement Officer 2, 5
Code Compliance Technician 2, 5
Staff Services Assistants 4, 5
EXHIBIT 1
City of Turlock - 2026 Conflict of Interest Code Amendment - Redline Working Draft
BUILDING & SAFETY
Position Disclosure
Category
Building Inspector Trainee 2, 5
Building Inspector I 2, 3, 5
Building Inspector II 2, 3, 5
Building Inspector, Sr. 2, 3, 5
Chief Building Official 1
Plans Examiner I 2, 3, 5
Plans Examiner II 2, 3, 5
Plans Examiner, Sr. 2, 3, 5
Staff Services Analyst 2, 3, 5
HOUSING
Position Disclosure
Category
Housing Program Manager 2, 3, 6
Housing Finance Specialist I/II 2, 3, 6
Housing Finance Specialist I/II 2, 3, 6
Housing Finance Specialist Trainee 2, 3, 6
Housing Program Specialist I 2, 3, 6
Housing Program Specialist II 2, 3, 6
Housing Rehabilitation Specialist/Inspector I 2, 3, 6
Housing Rehabilitation Specialist/Inspector II 2, 3, 6
PLANNING
Position Disclosure
Category
Planner, Associate 2, 3, 5
Planning Manager 1
Planner, Sr. 2, 3, 5
Planning Technician 2, 3, 5
Planner, Principal 1
Staff Services Technician 2, 3, 5
MUNICIPAL SERVICES
Position Disclosure
Category
Municipal Services Director/SRWA General Manager 1
EXHIBIT 1
City of Turlock - 2026 Conflict of Interest Code Amendment - Redline Working Draft Position Disclosure
Category
Customer Service Supervisor 3
Electrical/Mechanical Maintenance Supervisor 3
Environmental Compliance Inspector 5
Executive Administrative Assistant/Municipal Services 3 Fleet Maintenance Supervisor 3
Regulatory Affairs Manager 3, 6
Utilities Manager 3
Utilities Supervisor 3
Utilities Supervisor, Assistant 3
Water Quality Control Division Manager 3
Water Quality Control Supervisor 3
Water Quality Control Laboratory Supervisor 3
Water Treatment Plant Manager 3
Water Treatment Plant Operations Supervisor 3
Assistant Municipal Services Director 1
Fleet Services Manager 3
Collection System Maintenance Supervisor 3
Wastewater Treatment Plant Manager 3
Water Distribution Operator Supervisor 3
Water System Operator Supervisor 3
Laboratory & Environmental Superintendent 3
Laboratory Analyst Supervisor 3
Water Resources Analyst I/II 3
Administrative Analyst 3
Staff Services Assistants 4, 5
PUBLIC WORKS
Position Disclosure
Category
Public Works Construction Inspector 2, 3, 5
Public Works Construction Inspector, Sr. 2, 3, 5
ENGINEERING
Position Disclosure
Category
Public Works Supervisor / City Surveyor 1
EXHIBIT 1
City of Turlock - 2026 Conflict of Interest Code Amendment - Redline Working Draft Position Disclosure
Category
Engineering Project Coordinator 2, 3, 5
Engineer, Assistant 2, 3, 5
Engineer, Associate 2, 3, 5
Civil Engineer, Principal 2, 3, 5
Civil Engineer, Sr. 2, 3, 5
City Engineer 1
Roads Program Manager 2, 3, 5
Public Works Construction Inspector, Senior- Roads 2, 3, 5 Staff Services Assistants 4, 5
PARKS/RECREATION/PUBLIC FACILITIES
Position Disclosure
Category
Parks, Streets And Public Facilities Superintendent 2, 3, 5 Maintenance Supervisor 3
Maintenance Supervisor, Assistant 3
Recreation Superintendent 3, 6
Recreation Coordinator 6
Recreation Supervisor 3, 6
TRANSIT
Position Disclosure
Category
Transit Manager 1
Transit Analyst I/II 2, 3, 5
Transit Analyst 2, 3, 5
CONSULTANTS
Position Disclosure
Category
All consultants employed by the City 1
City Council Staff Report
September 8, 2026
From: Isaac Moreno, Finance Director
Jessie Dhami, Human Relations Director
Prepared by: Isaac Moreno, Finance Director and Jessie Dhami, Human Relations Director
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Motion: Adopt Temporary Overhire Policy to facilitate a seamless transfer of institutional knowledge, support succession planning, expedite the hiring process for key positions, and maintain appropriate service levels
2. NARRATIVE:
The City periodically experiences circumstances in which an allocated (budgeted) position remains unoccupied or otherwise unavailable while operational needs require staffing to be restored sooner than the staff member returns or the position becomes vacant and available.
Examples may include:
• Confirmed retirement/resignations where it is necessary to hire and cross-train a replacement employee prior to the departure of an existing employee. • An injured employee not expected to return for an extended period of time. • Confirmation of a pending vacancy where it is desirable to recruit and hire a replacement employee such that there is no reduction in staffing and service levels.
In an effort to support the City's ability to maintain staffing, service levels and deliver quality customer service during periods of temporary staffing shortages, staff have developed a Temporary Overhire Policy. The Temporary Overhire Policy would require documented operational justification for Human Relations and Finance review, identification of available funding, and City Manager approval for each overhire request. The policy would not create additional permanent positions, increase the City's authorized staffing allocation or amend the adopted budget. Rather, the Temporary Overhire Policy will assist the City's efforts to alleviate unreasonable or prolonged redistribution of workload among the remaining workforce when departments experience unplanned staffing shortages.
The Temporary Overhire Policy is intended to be utilized as a controlled operational tool, not as a substitute for the City's normal budget and position authorization process.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The adoption of this Temporary Overhire Policy will not create a fiscal impact. If a request for a full-time employee overhire creates a fiscal impact, separate City Council action will continue to be required.
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
Agenda Staff Report
9/8/2026
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. ALTERNATIVES:
To not adopt the Temporary Overhire Policy and continue making requests directly to City Council, on an as needed basis.
6. ATTACHMENTS:
1. Temporary Overhire Policy
(Page 1 of 3)
City of Turlock
TEMPORARY OVERHIRE POLICY
Policy Owner Human Relations Director / Finance Director Approval Authority City Manager
Effective Date Upon Approval
Review Cycle Every 90 days a max of 12 months
1. PURPOSE
The purpose of this policy is to establish a consistent process for requesting, reviewing, approving, monitoring, and concluding temporary overhire assignments when operational needs require staffing levels to temporarily exceed the City's currently authorized full-time equivalent (FTE) staffing level.
Temporary overhire authority is intended to provide operational flexibility when circumstances such as extended employee leave, vacancies or retirements are accepted by the City.
A temporary overhire does not constitute permanent authorization to increase the City's approved staffing allocation or establish a new ongoing position.
2. POLICY
The City may authorize a temporary overhire when there is a documented operational need and sufficient funding is available to support the assignment. The use of overhire personnel is permitted to accelerate the filling of vacant positions by initiating the hiring process in advance of actual vacancies or to cover extended leaves of absence in positions.
Temporary overhire requests shall be reviewed and recommended for approval jointly by the Human Relations Director and Finance Director and shall require approval by the City Manager before the assignment may be initiated.
The City's goal is to balance operational continuity with appropriate fiscal and position control.
• Confirmation of a pending retirement/resignation where it is necessary to hire and cross-train a replacement employee prior to the departure of the existing employee. • Confirmation of a pending vacancy where it is desirable to recruit and hire a replacement employee such that there is no reduction in staffing and service levels. • Backfilling for an injured employee where the employee is not expected to return for an extended period of time, if ever.
3. ROLES AND RESPONSIBILITIES
A. Requesting Department
• Identify the operational need for a temporary overhire. • Provide HR a request via memorandum for review and consideration. Temporary overhire requests shall be reviewed and recommended for approval jointly by the Human Relations
(Page 2 of 3)
Director and Finance Director and shall require approval by the City Manager before the assignment is initiated.
• Identify the position/classification and anticipated duration. • Provide information regarding the vacancy, leave, workload, service requirements, or other circumstances supporting the request.
• Identify anticipated operational savings or offsets, when applicable. • Monitor the continued operational need for the overhire. • Notify HR Director when the temporary overhire is no longer necessary.
B. Human Relations Director
• Review the personnel and organizational aspects of the request. • Confirm the applicable classification and salary range. • Determine whether the proposed assignment is consistent with the City's classification plan, personnel rules, applicable MOUs, employment agreements, and applicable law. • Review labor relations, classification, recruitment, and employee relations considerations. • Confirm the appropriate personnel action and documentation. • Coordinate with Finance regarding the fiscal impact.
• Maintain a centralized record of approved temporary overhires. • Establish or confirm the anticipated end date.
• Monitor the City's overall temporary overhire activity and recommend continuation, modification, or conclusion.
C. Finance Director
• Confirm the availability of appropriated funds.
• Review projected salary, benefits, overtime, and other personnel costs. • Consider anticipated salary savings from vacancies, unpaid leaves, or other staffing circumstances.
• Determine the estimated net fiscal impact to the department and/or fund. • Identify any budget amendment or City Council action that may be required. • Monitor the financial impact of approved temporary overhires. • Notify HR and the City Manager if financial circumstances materially change.
D. City Manager
• Review and approve or deny the temporary overhire, subject to applicable City Council authorization, budget limitations, MOU requirements, civil service requirements, and other legal requirements.
• Consider operational necessity, public service impacts, staffing conditions, fiscal impact, funding availability, anticipated duration, and whether the overhire is a temporary solution rather than a permanent staffing increase.
4. JOINT HR AND FINANCE REVIEW
• The requesting department shall submit the temporary overhire request to HR and Finance for joint review before it is presented to the City Manager. • The joint review shall result in a written recommendation of Approve, Approve with Conditions, or Do Not Approve.
• HR shall lead the personnel, classification, labor relations, and position-control review. Finance shall lead the appropriation, cost, savings, and net fiscal-impact review.
(Page 3 of 3)
5. FISCAL CONSIDERATIONS
• Temporary overhire should not be evaluated solely on the gross cost of the additional employee. • Finance should consider offsetting savings, including salary savings from vacancies, unpaid leave, exhausted paid leave, delayed hiring, avoided overtime, avoided temporary staffing or contract costs, and other identifiable personnel savings.
• Finance should provide the City Manager with the estimated gross cost, anticipated offsets, and net fiscal impact whenever practical.
6. APPROVAL REQUIREMENTS
• Temporary overhire shall not begin until the required approvals have been obtained and communicated by the Human Relations Director.
• Approval documentation shall identify the requesting department, classification, number of employees, authorized and proposed staffing levels, operational justification, vacancy/leave circumstance, expected duration, estimated salary and benefit cost, anticipated savings or offsets, net fiscal impact, funding source, HR review, Finance review, and City Manager approval.
7. DURATION AND SUNSET
• Temporary overhire approvals should include a defined end date whenever reasonably possible. • Unless otherwise approved, temporary overhire authority should be reviewed at least every 90 days and at a max of twelve (12) months.
• The overhire shall conclude when the operational circumstance supporting the approval no longer exists, unless an extension is approved.
• Extensions require updated HR and Finance review and City Manager approval.
8. POSITION CONTROL
This policy shall apply to temporary overhires only. Any permanent increase to authorized staffing shall follow City Council approval via City resolution. Temporary overhire should be used as a controlled operational tool not as a substitute for the City's normal budget and position authorization process.
9. LABOR RELATIONS AND LEGAL COMPLIANCE
• All temporary overhires shall be implemented consistent with applicable federal and California law, City personnel system rules and regulations, applicable MOUs, budget authority, and established recruitment and selection procedures.
• Where a temporary overhire may affect a represented bargaining unit, HR Director shall determine whether notice, consultation, meet-and-confer obligations, or other labor relations requirements apply before implementation.
• Nothing in this policy shall be interpreted to waive any rights or obligations established by law or applicable MOUs.
City Council Staff Report
September 8, 2026
From: Isaac Moreno, Finance Director
Prepared by: Isaac Moreno, Finance Director
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
1. ACTION RECOMMENDED:
Resolution: Approving the Fiscal Year 2025-2026 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program, CDBG-CARES (CDBG-CV), HOME Investment Partnership (HOME) Program, and HOME Investment Partnerships American Rescue Plan (HOME-ARP) Program and authorizing submission of the CAPER to the United States Department of Housing and Urban Development (HUD), and authorizing the City Manager to execute all related necessary documents.
2. NARRATIVE:
Prior to the end of each federal fiscal year, HUD requires jurisdictions to submit a Consolidated Annual Performance Evaluation Report (CAPER) in a reporting format required by HUD. This report details activities conducted and achievements made according to the Annual Action Plan and reports progress and accomplishments made toward fulfilling the goals of the Consolidated Plan during the reporting period. It is HUD’s direction that the Five-Year Consolidated Plan and the Annual Action Plans guide the allocation of resources and other investment decisions made by the City to assist low and moderate income residents and neighborhoods in Turlock. The CAPER then demonstrates how the resources were used in line with the priorities established in the Consolidated Plan.
The City of Turlock is an entitlement city for CDBG funds and served as the lead agency for HOME funds for the City of Turlock/Stanislaus County HOME Consortium (Consortium) through June 30, 2023. Consortium members include the jurisdictions of Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, County of Stanislaus unincorporated areas, and Waterford.
This required report discusses program outcomes for the 2025-2026 fiscal year utilizing the Federal Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program funds.
The City's Consolidated Plan identifies as high priority needs: Public infrastructure, Affordable Housing, Public Services, Community Emergency Responses (CDBG-CARES) and Homeless services. Consistent with the priorities outlined in the Consolidated Plan, during the 2025-2026 fiscal year, the City undertook the following activities:
• The City continued to administer a First Time Home Buyers Program for low- income, first-time homebuyers which provides low-interest loans to qualified clients. The program is funded with HOME, CalHome, State Home, and CDBG.
Agenda Staff Report
9/8/2026
During the reporting period, the City issued seven (7) loans to income-eligible first-time homebuyers; three (3) funded by HOME, two (2) funded by PLHA, and two (2) funded with CalHome.
• The City continued offering a Housing Rehabilitation Program for both owner and renter-occupied homes, for the repair of homes within the City to assist income-eligible clients including the elderly, handicapped and other special needs populations to improve housing conditions. The City offered loans and grants to maintain single and multifamily affordable housing. During this past fiscal year, the City completed two (2) owner-occupied rehabilitations on single-family dwellings, and four (4) mobile home rehabilitations. • In addition, the City completed rehabilitations of three (3) of its seven (7) City- owned properties using HOME, PLHA, and CDBG funds. Prior to the end of the fiscal year, all seven (7) properties were disposed of, with three (3) sold to income-eligible first-time homebuyers, and four (4) transferred to nonprofit organizations to provide affordable rental housing for 30-55 years. • The City continued offering Public Service grants to assist agencies to provide assistance to low and moderate income persons who are in need of services such as food, shelter, and youth services. Five (5) Public Service grants were awarded to qualifying non-profit agencies. A total of $63,195.04 was expended and a total of 2,598 unduplicated clients were served. The agencies provided services that were consistent with the goals and objectives of the Consolidated Plan and served low/moderate income households/persons in Turlock.
Services included emergency food boxes, youth recreation, homeless youth outreach, fair housing, and housing for domestic violence survivors.
For the Stanislaus HOME Consortium, where the County is the current lead agency, no funds were allocated or expended within the fiscal year 2025-2026.
3. FISCAL IMPACT / BUDGET AMENDMENT:
There is no fiscal impact associated with this action.
4. ENVIRONMENTAL DETERMINATION:
Preparation and submission of the annual CAPER to HUD does not require environmental review. The CAPER does not approve any projects or expenditure of any funds.
5. ALTERNATIVES:
A. The City Council could choose not to approve the proposed Consolidated Annual Performance and Evaluation Report (CAPER) and not approve submittal of the CAPER to HUD. This alternative is not recommended as the City of Turlock and the HOME Consortium will not be following the reporting requirements to Housing and Urban Development (HUD) and would jeopardize future funding.
B. The City Council can make comments on the CAPER which can be incorporated into the plan prior to its submittal to HUD.
Agenda Staff Report
9/8/2026
6. ATTACHMENTS:
1. Draft Resolution
2. Draft CAPER 2025-2026
RESOLUTION NO. 2026-
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING THE FISCAL YEAR 2025-2026 CONSOLIDATED
ANUUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, CDBG CARES (CDBG-CV), HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM, AND HOME
INVESTMENT PARTNSHIPS AMERICAN RESCUE PLAN (HOME-ARP) AND
AUTHORIZING SUBMISSION OF THE CAPER TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED NECESSARY
DOCUMENTS
WHEREAS, the City of Turlock receives federal grant funds from the United States Department of Housing and Urban Development (HUD) for affordable housing and related activities for low- and moderate-income residents within the City of Turlock; and
WHEREAS, the City of Turlock is an entitlement City under the Community Development Block Grant (CDBG); and
WHEREAS, the City of Turlock, as the former Lead of the City of Turlock/Stanislaus County HOME Consortium is responsible for management and expenditures of funding from the grants received from fiscal year 2000-2001 through 2022-2023; and
WHEREAS, the Housing and Community Development Act of 1974, as amended, requires local governments to formulate a Consolidated Plan as part of the eligibility requirements for CDBG and HOME funds; and
WHEREAS, the Consolidated Plan is a five-year strategy to address community needs as identified by staff and community residents; and
WHEREAS, the Consolidated Annual Performance and Evaluation Report (CAPER) is the tool used by HUD to report on the progress made in accomplishing the goals set forth in the Five (5) year Consolidated Plan and in the Annual Action Plan for the CDBG, CDBG-CARES, and HOME funds; and
WHEREAS, this report discusses program outcomes for the 2025-2026 fiscal year utilizing Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) program funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve the Fiscal Year 2025-2026 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program, CDBG-CARES (CDBG-CV), HOME Investment Partnership (HOME) Program, and HOME Investment Partnerships American Rescue Plan (HOME-ARP) and authorizing submission of the CAPER to the United States Department of Housing and Urban Development (HUD), and authorizing the City Manager to execute all related
Resolution No. 2026-
necessary documents.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 8TH day of September, 2026, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock
CAPER Fiscal Year 2025-2026 -Draft 1 City of Turlock
Consolidated Annual Performance and
Evaluation Report (CAPER)
Fiscal Year 2025-2026
(July 1, 2025 through June 30, 2026)
City of Turlock and
Turlock/Stanislaus County HOME Consortium
Prepared by:
City of Turlock
Housing Program Services Division
156 South Broadway, Suite 140, Turlock, CA 95380
(209) 668-5610, Fax (209) 668-2120, TDD 1 800 735-2929
Website: www.cityofturlock.org
Approval by Council on September 08, 2026
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft Page 2
HOME CONSORTIUM MEMBERS
CITY OF CERES
Mayor Javier Lopez
Vice Mayor Daniel A. Martinez
Councilmember James Casey
Councilmember Rosalinda L. Vierra
Councilmember Cerina Otero
www.ci.ceres.ca.us
CITY OF HUGHSON
Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Susana Vasquez
Councilmember Julie Ann Strain
Councilmember Alan McFadon
www.cityofhughsonca.gov
CITY OF NEWMAN
Mayor Casey Graham
Councilmember Scott Ball
Councilmember Shane Tomlinson
Councilmember Gisel Pimentel
Councilmember Matthew Harden
www.cityofnewman.com
CITY OF OAKDALE
Mayor Cherilyn Bairos
Mayor Pro Tem Kayleigh Gilbert
Councilmember Richard Murdoch
Councilmember Jeff Kettering
Councilmember Jarod Pitassi
www.oakdalegov.com
CITY OF PATTERSON
Mayor Michael Clauzel
Councilmember Gabriela Hernandez
Councilmember- Vacant
Councilmember Kendra Mora
Councilmember Carlos Roque
www.ci.patterson.ca.us
CITY OF RIVERBANK
Mayor Rachel Hernandez
Vice Mayor John Pimentel
Councilmember Cindy Fosi
Councilmember Luis Uribe
Councilmember Stacy Call
www.riverbank.org
STANISLAUS COUNTY
BOARD OF SUPERVISORS
District 1 Buck Condit
District 2 Vito Chiesa
District 3 Terry Withrow
District 4 Mani Grewal
District 5 Channce Condit
www.stancounty.com
CITY OF TURLOCK
Mayor Amy Bublak
Vice Mayor Rebecka Monez
Councilmember Kevin Bixel
Councilmember Cassandra Abram
Councilmember Erika Phillips
www.cityofturlock.org
CITY OF WATERFORD
Mayor Charlie Goeken
Vice Mayor Jamie Hilton
Councilmember Guadalupe Gutierrez
Councilmember Christine Harris
Councilmember Elizabeth Talbott
www.cityofwaterford.org
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 3
Table of Contents
Introduction ................................................................................................................... 4
CR-05 Goals and Outcomes ................................................................................................5
CR-10 Racial and Ethnic composition of families assisted ................................................11
CR-15 Resources and Investments ...................................................................................12
CR-20 Affordable Housing .................................................................................................18
CR-25 Homeless and Other Special Needs .......................................................................20
CR-30 Public Housing ........................................................................................................22
CR-35 Other Actions ..........................................................................................................23
CR-40 Monitoring ...............................................................................................................26
CR-45 CDBG ................................................................................................................. 26
CR-50 HOME ................................................................................................................. 27
Attachments
Attachment 1- IDIS CDBG PR26 Report
Attachment 2- Public Notices
Attachment 3- Public Service Projects
Attachment 4- IDIS CDBG-CV PR26 Report
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 4
Introduction
The 2025-2026 Consolidated Annual Performance and Evaluation Report (CAPER) constitutes the first reporting period (from July 1, 2025 to June 30, 2026) of the Five-Year Consolidated Planning period. The City of Turlock (City) is the recipient of federal Community Development Block Grant (CDBG) funding including CDBG CARES (CDBG-CV), and served as the lead agency for the City of Turlock/Stanislaus County HOME Investment Partnerships Program (HOME) Consortium (Consortium) through June 30, 2023. Beginning July 1, 2023, Stanislaus County took over as the lead agency for the Consortium. The United States Department of Housing and Urban Development (HUD) provides these funds to the City on a formula basis.
HUD requires the City to prepare and submit a Consolidated Plan and Annual Action Plans to inform HUD on how the allocated grant funding will be used. At the end of each fiscal year, HUD requires this annual CAPER report, to report on the progress made in accomplishing the goals set forth in the Consolidated Plan and Annual Action Plan for CDBG and HOME funds.
The City utilized other Federal, State and local
resources, including PLHA, CalHome and Successor
Agency funds to address housing and community
development priority needs identified in the
Consolidated Plan. The CAPER identifies the
programs and activities the City undertook during the
Program Year (also known as fiscal year) to meet
underserved needs identified in the Consolidated
Plan. In addition, the CAPER discusses the actions
the City took to address the following: lead based
paint hazards, barriers to affordable housing,
households at or below the poverty level and housing
resource services.
Stanislaus County is recognized as an eligible Urban
County by the U.S. Department of Housing and Urban
Development (HUD). The Urban County is
comprised of Stanislaus County unincorporated
communities and the Cities of Ceres, Hughson,
Newman, Oakdale, Patterson, Riverbank, and
Waterford, collectively hereafter referred to as the
Stanislaus Urban County. The City of Turlock
partnered with the Stanislaus Urban County to form
the City of Turlock/Stanislaus County HOME
Consortium (Consortium).
As the lead agency through June 30, 2023, the City of Turlock administered the HOME program for the Stanislaus Urban County and reported comprehensive HOME activity for the partnering jurisdictions as part of the City of Turlock’s CAPER. As the lead agency effective July 1, 2023, Stanislaus County undertook these responsibilities.
The City of Turlock and Consortium have successfully completed the first year of its FY 2025- 2026 to FY 2029-2030 Consolidated Plan. The Plan is a reflection of the Consortium partners’ Recurring Acronyms in this Report:
•AAP- Annual Action Plan
•CAPER-Consolidated Annual Performance
and Evaluation Report
•CDBG- Community Development Block Grant
•CDBG-CV- Community Development Block
Grant-CARES
•CHDO- Community Housing Development
Organization
•CoC- Continuum of Care
•Consortium- City of Turlock/Stanislaus County
HOME Consortium
•ESG- Emergency Shelter Grant
•FTHB- First Time Home Buyer
•FY – Fiscal Year (July 1 to June 30). Also known
as the Program Year.
•HOME- HOME Investment Partnership Program
•HOME-ARP- HOME Investment Partnership
Program-American Rescue Plan.
•HUD- Housing and Urban Development
•IDIS- Integrated Disbursement and Information
System
•PI- Program Income (revenue from grant funds)
•SRHA-Stanislaus Regional Housing Authority
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 5
community vision and outlines priority needs, goals and objectives adopted to achieve the vision.
The overall goal of the community planning and development programs covered in the Plan is to develop viable communities by providing decent, safe and sanitary housing; promoting suitable living environments and expanding economic opportunities for low- and moderate-income persons.
This CAPER also provides a summary of the resources available, the programmatic accomplishments in affordable housing, and the community development activities during the 2025-2026 fiscal year (July 1, 2025 through June 30, 2026) for the City of Turlock and the City of Turlock/Stanislaus County HOME Consortium.
Specific Fiscal Year 2025-2026 projects and their accomplishments are identified in the respective program sections of this document. The format of this document is designed after a HUD document template that includes a series of questions in relation to specific funding programs (CDBG, HOME, etc.). Responses to those questions are provided directly below each question.
CR-05 – Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
This report summarizes program outcomes for Fiscal Year 2025–2026 using funds from the Community Development Block Grant (CDBG) and the HOME Investment Partnerships Program (HOME). The City of Turlock is a direct entitlement jurisdiction for CDBG funds and previously served as the lead agency for HOME funds for the City of Turlock/Stanislaus County HOME Consortium (Consortium) through June 30, 2023.
The City continues to make progress in expanding affordable housing opportunities, supporting homeownership, rehabilitating existing housing, improving public facilities, and enhancing public services. Efforts also remain focused on increasing access to housing-related resources. In addition to the data provided below, this CAPER outlines affordable housing outcomes, homelessness and special needs activities, and other actions taken to advance the City’s HUD Annual Plan goals and objectives.
Consistent with the priorities outlined in the Consolidated Plan, the City undertook the following activities during the program year:
First-Time Homebuyer (FTHB) Program
The City continued to administer its First-Time Homebuyer Program, providing low-interest loans to income-qualified households. Funding sources included HOME, Permanent Local Housing Allocation (PLHA), and CalHome. During the reporting period, the City issued seven loans: three funded by HOME, two by PLHA, and two by CalHome. Consortium members did not provide any FTHB loans during this period.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 6
Housing Rehabilitation Program
The City maintained its Housing Rehabilitation Program to assist income-eligible homeowners, including seniors, persons with disabilities, and other special needs populations, in improving housing conditions. During Fiscal Year 2025-2026 the City of Turlock expanded the Housing Rehabilitation program to include mobile home grants. As a result, two owner-occupied rehabilitation loans and four mobile home rehabilitation grants were provided.
In addition, the City completed rehabilitations of three (3) of its seven (7) City-owned properties using HOME, PLHA, and CDBG funds. Prior to the end of the fiscal year, all seven (7) properties were disposed of, with three (3) sold to income eligible first-time homebuyers, and four (4) transferred to nonprofit organizations to provide affordable rental housing for 30-55 years
Public Service Grants
The City provides annual funding to nonprofit organizations to support public service activities.
During the program year, five grants were awarded to qualifying nonprofit agencies.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 7
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Admin
Administration Other Other N/A N/A N/A N/A N/A N/A
Improve
Infrastructure
and Public
Facilities
Non-Housing
Community
Development
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 400 0 0.00% 0 0 0%
Increase and
Improve Supply
of Affordable
Housing
Affordable
Housing
Rental units
rehabilitated
Household
Housing
Unit
5 0 0.00% 1 0 0%
Increase and
Improve Supply
of affordable
Housing
Affordable
Housing
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
55 6 10.90% 11 6 54.60%
Increase and
Improve Supply
of affordable
Housing
Affordable
Housing
Direct Financial
Assistance to
Homebuyers
Households
Assisted 50 3 6.00% 5 3 60.00%
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 8
Provide Public
Services
Homeless Non-
Homeless
Special Needs
Public service
activities other
than
low/Moderate
Income Housing
Benefit
Persons
Assisted 3500 2,580 73.80% 700 2580 368.60%
Work to End and
Prevent
Homelessness
Homeless
Homeless
Person Overnight
Shelter
Persons
Assisted 800 18 2.30% 160 18 11.30%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 9
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The City's Consolidated Plan identifies Affordable Housing, Homeless Services, Public Infrastructure, and Public Services as high priority needs. Consistent with the priorities outlined in the Consolidated Plan, during the 2025-2026 fiscal year, the City undertook the following activities that addressed the housing needs:
• The City continued to administer a First Time Home Buyers Program for low-income first- time homebuyers which provides low interest loans to qualified clients. The program is funded with HOME, CalHome, and State Home. The City assisted seven homebuyers this fiscal year, three of which utilized HOME funds. Staff continues to market the program with realtors and lenders.
• As the former lead agency of the Consortium, the City of Turlock has HOME funds and has been working with interested member jurisdictions during FY 2025–2026 to establish and implement local First-Time Homebuyer Programs. Consequently, no households were assisted during the reporting period. The Consortium anticipates that participating jurisdictions will begin implementing their programs during the next fiscal year. Staff will continue to provide technical assistance and coordinate with member jurisdictions to support successful program implementation and future assistance to eligible low-income homebuyers.
• Staff continues to market the Rehabilitation program to reach the strategic plan goals.
• The City continued offering a Housing Rehabilitation Program for both owner and renter occupied homes, for the repair of homes within the City to assist income eligible clients including the elderly, handicapped and other special needs, improving housing conditions.
The City offers loans and grants to maintain single and multifamily affordable housing stock. The City completed six home-owner occupied rehabilitation projects. The City of Turlock completed the rehabilitation of three city owned single family dwellings and of the seven properties owned four were transferred to non-profits to provide affordable rental housing.
• The City continued offering Public Service grants to assist agencies to provide assistance to low- and moderate-income persons who are in need of services such as food, shelter, and youth services. A total of five (5) Public Service grants were awarded to qualifying non-profit agencies totaling $70,000, of that $63,195.04 was expended. The agencies provided services that were consistent with the goals and objectives of the Consolidated Plan and served low- and moderate-income households/persons in Turlock. Services included, emergency food boxes, youth recreation, homeless youth outreach, shelter for survivors of domestic violence, sexual assault and human trafficking, and housing resource services.
• The City will continue to encourage private, for-profit and non-profit developers to construct affordable rental housing utilizing Low-income Housing Tax Credits, HOME, Mortgage Revenue Bonds, Section 202 and the Affordable Housing Goals outlined in the
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 10
Housing Element. The City may provide incentives such as impact fee deferrals/financing and density bonuses to assist developers in achieving affordable rents.
• Community Development Block Grant -CARES (CDBG-CV) Program The city has two ongoing public facilities improvement projects to include improve ventilation and air filtration systems and ADA improvements for improved access. The public facilities projects will be completed in Fiscal Year 2026-2027.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 11
CR-10 – Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME ESG
White
PS 846
Rehab 4 1 0
Black or African American
PS 82
Rehab 1 0 0
Asian PS 402 1 0
American Indian or American Native PS 33 0 0
Native Hawaiian or Other Pacific Islander PS 4 0 0
American Indian or Alaska Native & white PS 0 0 0
Asian & White PS 18 0 0
Black or African American & White PS 9 0 0
American Indian or Alaska Native & White PS 19 0 0
Balance/Other
Rehab 1
PS 1,185 1 0
Total
PS 2,598
Rehab 6 3 N/A
Hispanic
Rehab 1
P/S 49 1 0
Not Hispanic
Rehab 5
PS 2,549 2 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
The City of Turlock and Consortium identifies priority needs and offers services and programs to eligible households regardless of race or ethnicity. This table is generated by the HUD CAPER template and the information reported reflects demographic information provided by participants and recorded in the HUD reporting system. The City of Turlock does not receive Emergency Shelter Grant (ESG) funding.
Through Turlock’s CDBG Public Service Grants, non-profit agencies served a total of 2,598 unduplicated clients. Of the 2,598 clients served, 846 were White, 82 were Black or African American, 402 were Asian, 33 were American Indian/Alaskan Native, 4 were Native Hawaiian or Other Pacific Islander, 0 were American Indian or Alaska Native & White, 18 were Asian and White, 9 were Black or African American & White, 19 were American Indian or Alaska Native & Black or African American and 1,185 were Other breakdowns.
Other statistics identified included 174 clients that were female head of household, 548 clients that were over 62 years old, and 286 clients were people with disabilities.
According to the April 1, 2020 Census, persons who categorized themselves as white (single race) represented 58.1 percent of the Turlock population versus 81.8 percent of the Stanislaus County population. In the City, 44.4 percent of the population are of Hispanic origin (of any race), versus 50.9 percent in the County. For more detailed demographic information, see the census website at http://census.gov.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 12
CR-15 – Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG Federal 2,017,260 1,002,744
HOME Federal 5,692,890 468,644
HOME-ARP Federal 5,118,302 111,772
Other (CDBG-CV) Federal 687,934 558,272
Table 3 - Resources Made Available
Narrative
The City of Turlock receives entitlement Community Development Block Grant (CDBG) funds. The City of Turlock was the lead entity for the Turlock/Stanislaus Urban County HOME Consortium through June 30, 2023 and therefore, no longer receives HOME allocations. The City of Turlock does not receive Emergency Shelter Grant (ESG) funding.
Identify the geographic distribution and location of investments
Target Area Planned
Percentage
of Allocation
Actual
Percentage
of Allocation
Narrative Description
Ceres 10 0 No projects completed
Hughson 14 0 No projects completed
Newman 10 0 No projects completed
Oakdale 09 0 No projects completed
Patterson 09 0 No projects completed
Riverbank 09 0 No projects completed
Turlock 16 100 Rehab projects
Unincorporated Stanislaus County 09 0 No projects completed Waterford 14 0 No projects completed
Table 4 – Identify the geographic distribution and location of investments
Narrative
The City of Turlock utilized resources from the Federal government, to support housing and community development activities during fiscal year 2025-2026. These resources were leveraged with investments made by private and non-profit organizations. The following section describes each funding source used during the year.
HUD requires expenses, activities, and accomplishments to be logged into its computerized online reporting system known as the Integrated Disbursement and Information System (IDIS).
Expenses in the IDIS reports may not correspond to numbers in this CAPER report due to funds not being drawn down within the fiscal year. CDBG funding expenditures are summarized in the
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 13
IDIS PR26 report attached to this CAPER report. Turlock does not fund the activities in IDIS until the project draws are internally processed.
Community Development Block Grant (CDBG) Program
CDBG funds are made available to the City on an entitlement basis. The City's entitlement allocation is based on a HUD formula. In Fiscal Year 2025- 2026, the allocation was $621,578.
The allocation was appropriated for a variety of housing-related and community development projects benefitting low and moderate-income families.
Community Development Block Grant -CARES (CDBG-CV) Program In Fiscal Year 2025-2026, the CDBG-CV amount available was $687,934. CDBG-CV Administrative funds in the amount of $43,553 were utilized and $514,719 was utilized in delivery fees for two ongoing public facilities improvement projects to include improve ventilation and air filtration systems and ADA improvements for improved access. The remaining $137,298 will be utilized in Fiscal Year 2026-2027 to complete the public facilities projects.
HOME Investment Partnership (HOME) Program
In Fiscal Year 2023-2024, Stanislaus County became the lead of the Consortium.
Housing Choice Voucher (previously known as Section 8 rental assistance) The Stanislaus Regional Housing Authority administers the Housing Choice Voucher rental subsidy program for Stanislaus County jurisdictions, including the City of Turlock. The program is a federally funded, locally administered rental assistance program for low-income families, senior citizens, persons with disabilities, and veterans.
State Funding Sources CalHome, State HOME, Permanent Local Housing Allocation (PLHA)) The State of California Department of Housing and Community Development (HCD) is the State agency that provides funding for different affordable housing projects and programs. The City of Turlock was awarded CalHome and State HOME funds and uses them for First Time Home Buyer down payment assistance. In addition, the City was awarded PLHA funds and has used them for rehabilitation and will be utilizing these funds for owner-occupied rehabilitation and First Time Home Buyer down payment assistance.
Emergency Solution Grant (ESG)
The City of Turlock does not receive ESG funding.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 14
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The City has actively sought funding sources in addition to CDBG and HOME to leverage its resources. Funds which were available during the fiscal year were CalHome, State HOME, Low- income Housing Tax Credits, Successor Agency funds, PLHA funds, and local developer contributions.
State Funding- CalHome
The City applied for and was awarded the 2008, 2011, and 2012 CalHome funds to provide First Time Home Buyer (FTHB) loans. In fiscal year 2024-2025, 3 loans were provided. A total of 53 loans have previously been provided using the CalHome grant funds. The CalHome grants have expired, but the City will be able to use loan payment revenue (reuse funds) for future loans.
State Funding- State Home Program
The City applied for and was awarded several State HOME grants to fund First Time Home Buyer (FTHB) loans prior to becoming a Consortium member. The City utilizes program income generated from past loan payments to provide additional first-time home buyer loans to qualified clients in accordance with the grant requirements.
Consortium Leveraging
For the Turlock/Stanislaus County HOME Consortium, each member jurisdiction historically has leveraged their HOME allocation with local Redevelopment Agency funds/Successor Agency funds, Low Income Housing Tax Credits, CalHome, Neighborhood Stabilization Program (NSP) and Housing Choice Voucher funds (previously known as Section 8). Consortium members include the jurisdictions of Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, County of Stanislaus unincorporated areas, and Waterford. Stanislaus County's jurisdiction is comprised of the unincorporated County containing sixteen communities.
Matching for the HOME Program
Unless granted a waiver, the Consortium must match 25 cents for each dollar of HOME funds spent on affordable housing. Match contributions made in excess of match obligations may be carried forward as match credit toward meeting obligations incurred in future years. The match is tracked by Federal fiscal year (October 1-September 30). Eligible forms of matching contributions are regulated by HUD. Consortium members take advantage of eligible sources of matching towards projects to meet the matching requirements. See the table below for HOME matching information.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 4,665,381
2. Match contributed during current Federal fiscal year 0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 4,665,381
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 4,665,381 Table 5 – Fiscal Year Summary - HOME Match Report
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 15
Match Contribution for the Federal Fiscal Year
Project No.
or Other ID
Date of
Contributio
n
Cash
(non-
Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastruc
ture
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
None N/A 0 0 0 0 0 0 None
Table 6 – Match Contribution for the Federal Fiscal Year
HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at
beginning of reporting
period
$
Amount received
during reporting
period
$
Total amount
expended during
reporting period
$
Amount expended for
TBRA
$
Balance on hand at
end of reporting
period
$
_
Table 7 – Program Income
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 16
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Minority Business Enterprises Total
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black
Non-
Hispanic
Hispanic
White
Non-
Hispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprise
s
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 – Minority Business and Women Business Enterprises
Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Minority Property Owners Total
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
White Non-
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 17
Minority Property Enterprises Households
Displaced
Total
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
White Non-
Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 18
CR-20 – Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to
be provided affordable housing units 0 0
Number of Special-Needs households to
be provided affordable housing units 0 0
Total 0 0
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported
through Rental Assistance 0 0
Number of households supported
through The Production of New Units 0 0
Number of households supported
through Rehab of Existing Units 11 6
Number of households supported
through Acquisition of Existing Units 0 0
Total 0 6
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
Turlock’s Strategic Plan outlines the City’s plans to assist in the development of affordable housing through First Time Home Buyer loans under the HOME program. Due to market housing availability and prices, most home purchase prices in Turlock exceed the maximum purchase price allowed by United States Department of Housing and Urban Development (HUD). Buyers find it difficult to locate a property within their price range. To help our buyers, the City previously prepared a market study, to increase the purchase price limit.
Due to the high cost to construct affordable housing (i.e., land, construction, permit fees, etc.) the annual allocation of CDBG funding is not sufficient to meet our community’s need for affordable housing development.
To increase affordable housing units, the City acquired seven properties in prior fiscal years which consisted of multi-family and single-family units. The rehabilitation of three single family dwellings were completed in fiscal year 2025-2026 and one was transferred to a non-profit agency to provide affordable rental housing for 55 years and the other three were sold to first time home buyers.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 19
Discuss how these outcomes will impact future annual action plans.
The City will continue to focus CDBG and HOME dollars where they will do the most good for low and moderate income households. The City will continue to look for additional resources to support affordable housing.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income (under 30%) PS 555 + 3 Rehab 0
Very Low-income (31-50%) PS 1,573 + 2 Rehab 0
Low to Moderate-income (51-80%) PS 453 + 1 Rehab 3
Moderate-income (above 80%) PS 17 0
Total PS 2,598 Rehab 6 3
Table 13 – Number of Persons Served
Narrative Information
Consistent with the priorities outlined in the Consolidated Plan, the City undertook the following activities that addressed the housing needs during the 2025-2026 fiscal year:
• The City continued to administer a First Time Home Buyers (FTHB) down payment assistance program for low and moderate income households with low interest loans. The program utilizes various home purchase assistance resources including the HOME, PLHA, and CalHome funding. Turlock was able to fund 3 FTHB loans utilizing HOME, 2 FTHB loans utilizing PLHA and 2 FTHB loans utilizing CalHome funding.
• Some Consortium members offered a First Time Home Buyers (FTHB) down payment assistance program for low-income households which provide low interest loans. The program utilized HOME funding. No homebuyers were assisted.
• The City offered Public Service grants to five (5) eligible non-profit agencies through CDBG funding to provide services to eligible clients.
• The City continued to administer a Housing Rehabilitation Program, which is for repair of homes within the City to assists households at 80% or below of the Stanislaus County Median Area Income including elderly, handicapped and other special needs. Seven households were assisted.
• Some Consortium offered a Housing Rehabilitation Program, which is for repair of homes for the consortium members within their City to assist elderly, handicapped and other special needs, improving housing conditions. No households were assisted.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 20
CR-25 – Homeless and Other Special Needs 91.220(d,e);
91.320(d,e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Throughout Fiscal Year 2025-2026, the City of Turlock utilized Community Development Block Grant (CDBG) funds for Public Services to implement strategies to assist in addressing the City's Homeless population. This Fiscal Year, United Samaritans Foundation, Center for Human Services, and Healthy Alternatives to Violent Environments received CDBG public services funding to provide homeless prevention, case management, food boxes, shelter, and re-housing services.
Center for Human Services provided Youth Street Outreach and engagement services targeting unaccompanied Turlock youth, ages 13-24 who are experiencing homelessness and are unsheltered. They partnered with other outreach teams and engaged youth experiencing homelessness.
Family Promise is an interfaith hospitality network of local congregations that help reduce homelessness by providing the necessary resources to assist families transition from homelessness to self-sufficiency. Turlock has assisted Family Promise with three affordable housing units for housing of their clients.
HAVEN Women’s Shelter provides shelter to assist individual &/or households experiencing domestic violence, sexual assault, and human trafficking. In addition to shelter, they advocate, provide support groups, legal services, and a clothes closet. The city has been able to assist HAVEN by providing an office space and a single-family home for sheltering of their clients.
We Care Emergency shelter provides homeless men with an alternative to sleeping on the street and access to housing programs that can assist them to move out of their present state of homelessness. We Care also provides a case manager for Permanent Supportive Housing to help those who want to move out of their present situation. The City has been able to assist We Care by providing two four-plex units, and 4 single-family dwellings to provide affordable rental housing.
The Consortium, in collaboration with the Stanislaus County Continuum of Care (CoC) has been making efforts to reduce chronic homelessness. The CoC developed a system for coordinated intake, assessment and referral that fully complies with the requirements of the CoC.
Through the use of its own Emergency Shelter Grant (ESG) funds, the Stanislaus Urban County provided funding to the CoC to assist with Homeless Management Information System (HMIS) data entry. This effort allowed client data from non-HUD funded homeless service providers to enter into HMIS, which will allow the CoC’s homeless data collection to act as a much more valuable tool for tracking individuals patterns into and out of homelessness.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 21
Overall, the sub-committee made great strides toward improving data quality and the consistency of the intake process for shelter, homeless prevention, and rapid rehousing activities.
Addressing the emergency shelter and transitional housing needs of homeless persons
Throughout Fiscal Year 2025-2026, the City of Turlock utilized CDBG Public Service grant funds to help implement strategies to assist in addressing the City's Homeless population. This Fiscal Year, Center for Human Services Youth Street Outreach/Navigation program provided street outreach and navigation/case management services targeted toward youth ages 13-24 years of age, who are a homeless and unsheltered.
Healthy Alternatives to Violent Environments (HAVEN) provided essential housing related services to low-/moderate individual that identify as victims of domestic violence. They provide survivors with access to safe, stable, and affordable housing options by offering individualized support, including housing resources.
We Care of Turlock provided an emergency shelter for men over 18 years of age from July 17, 2025 through June 30, 2026 with a limit of 49 beds. Warm meals were provided nightly by churches, organizations and individual families.
Also, Turlock Gospel Mission (TGM), in collaboration with faith-based groups, operated an emergency shelter for homeless women, women with children, and men in Turlock. TGM can serve up to 80 individuals. They provided food and other services to clients to help them find needed assistance. In addition, the City has worked with Family Promise, a family shelter, transitional housing and support service provider to add two units of transitional housing for homeless families.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs
The City of Turlock provided public service grant funds to non-profit agencies that provided food, shelter, and other services that assisted persons to prevent homelessness. The City of Turlock is a member of the Stanislaus County Continuum of Care (CoC) which works with multiple agencies in the county. The CoC continues to make progress toward the ultimate goal of reducing the homeless population through a combination of efforts including emergency shelters, case management, supportive services, permanent supportive housing, rental assistance and transitional housing programs.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 22
access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
In Fiscal Year 2025-2026, the City of Turlock partnered with non-profit service providers through the Community Development Block Grant (CDBG) Public Services Grant Program to provide direct and indirect services to homeless persons and families.
Healthy Alternatives to Violent Environments (HAVEN) provided essential housing related services to low-/moderate individual that identify as victims of domestic violence. They provide survivors with access to safe, stable, and affordable housing options by offering individualized support, including housing resources.
.
Center for Human Services provided Youth Street Outreach and engagement services targeting unaccompanied Turlock youth, ages 13-24 who are experiencing homelessness and are unsheltered. They partnered with other outreach teams and engaged youth experiencing homelessness.
The City of Turlock is a member of the Stanislaus County Continuum of Care (CoC) which works with multiple agencies in the county. The CoC continues to make progress toward the ultimate goal of reducing the homeless population through a combination of efforts including emergency shelters, case management, supportive services, permanent supportive housing, rental assistance and transitional housing programs.
CR-30 – Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Turlock actively partners with the Continuum of Care (CoC) in all activities related to improving public housing and resident initiatives.
In California, public housing is administered directly through local Public Housing Authorities (PHAs). The Stanislaus Regional Housing Authority (SRHA) is the largest landlord of multi- family and single household public housing units for the lower income population of Stanislaus County. The SRHA is committed to provide decent affordable housing to its residents and in doing so, the SRHA keeps public housing units in favorable conditions so that its residents have a safe and healthy living environment.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
Since the City does not administer Public Housing Authority (PHA) funds, or have any oversight over PHA tenants, it has no actions directed specifically to public housing residents.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 23
Actions taken to provide assistance to troubled PHAs
Since the City does not administer Public Housing Authority (PHA) funds, it does not evaluate the status or condition of PHAs.
CR-35 – Other Actions 91.220(j)-(k); 91.20(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i)
The City has worked to eliminate internal barriers to the development of affordable housing through the following continuing efforts:
• The City’s CDBG Public Services allocations reflect the City’s priorities in meeting underserved needs, such emergency shelter, homelessness prevention, food security, and youth navigation.
• Providing funding for land acquisition, secondary financing, and infrastructure costs; • Assisting qualified households to purchase homes utilizing the homebuyer assistance programs; and
• Continuing to work with non-profit housing agencies in the provision of supportive services and programs.
There is an ongoing gap in the availability of services across most categories of underserved needs, including seniors, persons with disabilities, individuals with chronic illness, persons with other conditions affecting their ability to function independently and productively, foster youth, and homeless. The City continues to look at all avenues to ameliorate barriers to affordable housing. In addition, there is a need to link access to supportive services to affordable and appropriate housing.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
The City of Turlock partnered with Stanislaus County to prepare the Analysis of Impediments to Fair Housing (AI) and the Consolidated Plan to help address these needs. Staff reviewed the information and formulated actions to assist in addressing obstacles in meeting underserved needs.
For Fiscal Year 2025-2026, Turlock offered a total of $115,000 in Public Service funds that were allocated based on a competitive grant process to which public service providers had the opportunity to apply for grants. A total of five (5) grants were awarded to non-profits to provide services such as food assistance, shelter, recreation, homeless youth outreach, and shelter services for survivors of domestic violence.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 24
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
The Health Services Agency of Stanislaus County is the lead agency for Stanislaus County in the identification, documentation and prevention of lead poisoning. The Childhood Lead Poisoning Prevention Program of Stanislaus County, administered through the Health Services Agency, becomes involved with childhood lead-based poisoning when notification of an elevated screening blood level is received either from the laboratory or physician. If the blood level is 10ug/dL (micrograms per deciliter), notification is made to the family. Once a child meets the case definition, an environmental investigation is performed by a Registered Environmental Health Specialist to determine, if possible, the source of lead exposure. The Stanislaus County Health Services Agency, in partnership with the Department of Environmental Resources, conducts the investigation of residences where children with elevated levels of lead reside.
The lead-based paint regulation that became effective April 22, 2010 added a requirement that requires contractors bidding on rehabilitation of homes built prior to 1978 provide documentation of Environmental Protection Agency (EPA) Lead Renovation and Repair and Painting certification. During the implementation of local housing rehabilitation programs, appropriate steps are taken when the presence of lead-based paint is detected. Steps include full encapsulation, complete abatement (removal), painting or spot repair (as per HUD- sponsored abatement course protocol).
The City continued to provide information regarding lead-based paint hazards to City of Turlock program participants and enforce these requirements.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
To reduce the number of persons living under poverty level, the City of Turlock in collaboration with the City of Modesto and Stanislaus County continued its partnership with local agencies and the Continuum of Care (CoC) to provide services and resources for families in need. As well as provide a portion of Community Development Block Grant (CDBG) funding to various nonprofits that have a proven track record of assisting the homeless on their path towards employment and full-time housing.
Providing opportunities for low-income families to improve their economic status is an area of focus for the City, and is reflected in the City’s Strategic Plan. The City leverages its federal grant funds from CDBG to increase the supply of affordable housing in our community. While the production and preservation of affordable housing on its own will not raise people’s income or exit them from poverty, it contributes to stabilizing living expenses for low-income families, so that they have more discretionary income for other living expenses.
During fiscal year 2025-2026 the City allocated a total of $115,000 in CDBG funds to community-based organizations for various programs including; assisting individuals and families experiencing homelessness or at risk of experiencing homelessness and low- and moderate-income individuals and families to achieve self-sufficiency.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 25
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City works closely with Stanislaus County and its Urban County member cities. Staff from each jurisdiction meet on a regular basis to discuss relevant issues impacting all programs, receive training, and consolidate processes. Staff trade email on issues as they arise and seek help from each other to address pressing requirements of the programs. Staff from all the jurisdictions attend HUD sponsored training on an as needed basis, providing more depth in each agency's institutional knowledge and structure. These activities bring staff up-to-date on changes in federal program requirements, policy initiatives, and implementation guidance.
One of the major issues seen in the community among the existing various non-profit agencies is lack of funding. Capacity building of local nonprofits has also become an important issue for the Stanislaus Urban County and other entitlement cities. The City of Turlock is working to assist agencies with capacity building. One of the methods the City of Turlock has used is acquiring properties that will be resold to non-profit agencies for affordable rental housing. The Stanislaus Urban County also has an excellent working relationship with both the cities of Turlock and Modesto, which are separate CDBG entitlement jurisdictions, to strategically prioritize projects and programs more efficiently and effectively for the region.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City and County participate in the Continuum of Care (CoC), which establishes homeless policy for the use of federal funds. The organization provides structure for grant applications, funds the Homeless Management Information System (HMIS), and provides performance data to the County. The County and the City of Modesto are entitlement cities for the receipt and management of Emergency Solutions Grant (ESG) funds.
The City of Turlock participates in the Turlock Community Collaborative. Collaborative members include religious, non-profit, for-profit, and governmental agencies (local government and educational institutions). The Collaborative looks at coordinating efforts by its members to help in resolving immediate needs of the community. These needs may include food, shelter, counseling, medical, and education.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a)
The City of Turlock partnered with Stanislaus County to prepare the Analysis of Impediments to Fair Housing (AI).
The City of Turlock provided a RFP (Request for Proposal) and planned for $20,000 in public service grants for fair housing. The City has maintained fair housing information and resource links on the City website and has handouts and information available with fair housing information and resources in the office.
The City provides funds for a First Time Home Buyers (FTHB) down payment assistance program to help provide access to affordable housing. City staff provides realtors, lenders, and clients with program information and education to assist buyers in accessing available programs.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 26
The City has actively sought funding sources in addition to CDBG and HOME to leverage its resources to provide affordable housing opportunities, such as Cal Home and PLHA.
CR-40 – Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City regularly monitors progress on activities carried out in the Annual Action Plan to ensure compliance with program requirements. Evaluation took place during the application and funding process, and after agreements have been executed. Funding and service agreements set clear performance measures, reporting procedures, timeliness, and budgets on set goals measured by accomplishments. City staff regularly monitored compliance on contracting requirements and performance goals through the implementation and review of quarterly performance reports, and reimbursement requests. Where higher risks were considered to be present, program staff worked more closely with the agencies during on-site visits to ensure that the project moved forward as smoothly as possible. City staff provided feedback to agencies regarding areas of concern, and findings where corrective action or improvements were required.
Staff also meets periodically with Consortium members to review financial items, update activity statuses, and complete project documentation. This ensures that all statutory and regulatory requirements are being met and that performance reports and all other information submitted to HUD is correct and complete.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
Prior to the CAPER submission, the City publishes an English and Spanish public notice in a local newspaper of general distribution in Stanislaus County advising residents of the availability of the CAPER for public review and comment. The CAPER is available from the Housing Division office and it is posted on the City's website. The public can submit comments at the City offices or email them to the contact listed in the ad. Ad copies are attached to this report.
Public outreach has been held in accordance with the City and the Consortium’s Citizen Participation Plan to provide an opportunity for community input regarding what services, projects, or activities the City undertook using Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) funds.
CR-45 – CDBG 91.520(c)
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 27
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
The City has had no changes in program objectives during the program year. The City will consider potential changes to the plans for future program years to alleviate the problems experienced in the reporting process. HUD staff will be consulted for advice on how to proceed with any changes as needed.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
CR-50 – HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations
Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
The Housing Division provided onsite monitoring for the majority of these HOME Investment Partnership Program (HOME) projects this fiscal year. Due to staff shortages, the City was unable to monitor all properties as planned. Monitoring will continue to be conducted in the 2026-2027 fiscal year.
Member Projects:
209 3 rd Street - Passed
808-810 S Soderquist Rd- Passed
736/738 Park St (2 units)
1540 Springville Way- Passed
Avena Bella Phase II 500 W Linwood
1480 Lambert
Ceres Farm Labor Projects
Newman Family Apartments in Newman
Las Palmas Senior Apartments in Patterson
1205 Lambert
901 High Street- Passed
829-831 Vermont- Passed
573 Birchwood- Passed
591 Birchwood- Passed
CHDO projects:
401 N. Broadway
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 28
412 Montana
546 South Rose
581 and 583 Columbia St.
1061 Alpha Road
1318 S Canal (senior) Crane Terrace- parking lot sidewalk unleveled due to tree roots 1401 Apple Lane/ 420 Montana
1441 Apple Lane
Heritage Oaks Senior Housing-Oakdale- Passed
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b)
In general, the City is proactive in encouraging participation in each housing program or project. Advertisements occur in local circulations, social media, public presentations and events, and through housing providers. In regard to rental projects with five or more units, the City continually takes actions to provide information and otherwise attract eligible persons in the housing market area to the available housing, without regard to race, color, national origin, sex, religion, familial status or disability. Display of the Equal Housing Opportunity logo is included in each public notice, on the city’s website and in program advertisements. Fair Housing Poster is posted in each jurisdiction’s Housing office.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics
During the FY 2025-2026, $129,417.14 was received in program income and $30,510.96 in recapture funds from HOME projects. Program income is applied to projects as draws are processed.
Describe other actions taken to foster and maintain affordable housing. 91.220(k)
Housing Choice Voucher Funds (previously known as Section 8): The Stanislaus Regional Housing Authority administers the Housing Choice Voucher program for the City and provides rent subsidies.
Low-Income Housing Tax Credits (LIHTC): The federal 4% and 9% LIHTC is the principal source of funding for the construction and rehabilitation of affordable rental homes. They are a dollar-for-dollar credit against federal tax liability.
HUD VASH: The Stanislaus Regional Housing Authority administers the VASH vouchers from the U.S. Department of Housing and Urban Development-Veterans Affairs Supportive Housing (HUD-VASH) program for their efforts to house homeless veterans in Stanislaus County. The vouchers are provided to eligible veterans and non-profit agencies serving veterans.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 29
Attachment 1: CDBG PR26 Report
Note: These numbers do not reflect the actual expenses during the fiscal year, as all of the expenses were not drawn down fully at fiscal year-end.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 30
Note: These numbers do not reflect the actual expenses during the fiscal year, as all of the expenses were not drawn down fully at fiscal year-end.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 31
Note: These numbers do not reflect the actual expenses during the fiscal year, as all of the expenses were not drawn down fully at fiscal year-end.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 32
Comment Period Proof of Publication & Summary of Public Comments
The Report was presented at the Public Hearing to Turlock City Council on September 08, 2026 at 6:00 p.m.: 156 South Broadway, Turlock, CA 95380 in the Yosemite Conference room/council chambers. Approximately XXX persons plus city staff were in attendance.
Comments:
Public Comments made at 09/08/2026 Council meeting:
Stanislaus Continuum of Care (CoC) Meeting 08/20/26 2:30 pm-4:30 pm Harvest Hall Rooms A, B, & C at the Ag Center, 3800 Cornucopia Way, Modesto, CA 95358.
A slideshow presentation was provided at the meeting of approximately 30 people.
Public Comments made at 08/20/26 Stanislaus Continuum of Care (CoC) meeting:
Question 1 – Use of HOME Funds for Acquisition and Down Payment Assistance Question: How was Down Payment Assistance (DAP) able to be provided using HOME funds when HOME funds were also used to acquire the property? Response: Staff explained that most of the properties were purchased with CDBG funds.
For those that used HOME funds the City used HOME funds toward the acquisition of the property, with additional funding sources used for acquisition and rehabilitation. Separately, HOME funds were provided as Down Payment Assistance to the eligible homebuyer. The acquisition and homebuyer assistance were established and reported as separate HOME activities in IDIS.
Question 2 – Transfer of Properties to a Nonprofit
Question: What was the process for transferring the properties to a nonprofit organization? Response: Staff explained that the transfer was conducted through a competitive process.
Question 3 – Tax Treatment of Property Sales
Question: Is the sale of the properties considered a tax write-off? Response: Staff explained that the sale is not considered a tax write-off because the organization is tax-exempt.
City of Turlock Community Meeting 08/18/26 6:00pm-7:00pm Yosemite Community Room (2nd floor) City Hall, 156 S. Broadway, Turlock, CA 95380 A slideshow presentation was provided at the meeting.
No members of the public attended the CAPER public meeting. No public comments or questions were received.
Other comments received: 0 comments were received through the comment period of August 10, 2026 and up until the council meeting on August 25, 2026.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 33
Attachment 2: Public Notices
This ad was run in the Turlock Journal on August 12, 2026.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 34
This ad was run in the Turlock Journal on August 12, 2026.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 35
Attachment 3:
FY 2025-2026 1 2 3 4 5
Public Service Projects
Healthy Alternatives to Violent Enviroments (HAVEN)-Housing Assistance United Samaritans Foundation-Emergency Food Box
City of Turlock Municipal Services, Recreation-Recreation for All Scholarship Center for Human Services-Street Youth Outreach/Navigation Project Sentinel-Housing Resources
Totals IDIS Number
Funding
Budgeted Amount $ 15,000.00 15,000.00 10,000.00 15,000.00 15,000.00 70,000.00 Funded Amount $ 15,000.00 15,000.00 10,000.00 15,000.00 15,000.00 70,000.00 Returned Funds $ 1,804.96 0.00 0.00 0.00 5,000.00 6,804.96 Net Funds Received $ 13,195.04 15,000.00 10,000.00 15,000.00 10,000.00 63,195.04 Income Breakdowns
Extremely low 0-30% 15 515 16 1 8 555
Very Low 31-50% 1 1,559 10 - 3 1,573
Low/Mod 51-80% - 437 15 - 1 453
Above 80% 1 11 3 - 2 17
Total Served 17 2,522 44 1 14 2,598
Race/Ethnicity Breakdowns White 14 803 19 1 9 846
Black or African American 1 75 2 - 4 82
Asian - 400 2 - - 402
American Indian/Alaskan Native - 12 21 - - 33
Native Hawaiian or Other Pacific Islander - 4 - - - 4
American Indian or Alaska Native & White - - - - - -
Asian & White - 18 - - - 18
Black or African American & White - 9 - - - 9
American Indian or Alaska Native & Black or African American - 19 - - - 19 Balance/Other 2 1,182 - - 1 1,185
Total Served 17 2,522 44 1 14 2,598
Hispanic 12 - 31 - 6 49
Other Statistics - Female Head of Household 1 170 - 1 2 174 Over 62 years old - 546 - - 2 548
People with Disabilities 1 282 - 1 2 286
Homeless persons assisted - - - - - -
Homeless persons assisted with special needs unknown unknown unknown unknown unknown - Contract number 2026-001 2026-003 2026-004 2026-006 2026-007Purchase order number 2026-396 2026-661 N/A 2026-660 2026-659
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 36
Attachment 4: CDBG-CV PR26 Report
Note: These numbers do not reflect the actual expenses during the fiscal year, as all of the expenses were not drawn down fully at fiscal year-end.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2025-2026 -Draft 37
Note: These numbers do not reflect the actual expenses during the fiscal year, as all of the expenses were not drawn down fully at fiscal year-end.
City Council Staff Update
September 8th, 2026
From: Nick Showalter, IT Director
Prepared by: Nick Showalter, IT Director
Agendized by: John J. Murphy, DPA, ICMA-CM, City Manager
For August 2026, the Information Technology (IT) Department has the following report:
New Website Project
The new website project with Revize continued in the Site Review Phase (Phase 7 of 8). In August, IT Staff worked on setting up user access and roles for the new website.
IT Staff also reviewed digital forms and payment processing options. A few online forms were discovered that require a payment to be made when applying for a license or permit digitally. IT Staff are working with the Finance Department to receive payments through the new Tyler Payments processor. IT Staff have also reached out to Communications to prepare updated photos for the page banners and pages.
Audio/Video – Emergency Operations Center (EOC)
IT Staff met with Public Safety staff and went through how to operate the technology within the EOC. IT Staff are also preparing documentation on operating the system. IT Staff have also been collaborating with Public Safety staff to purchase and replace existing displays used outside of the video wall as well as supplies and communication tools for emergency management.
Microsoft 365 Mailbox Migration Project and Cybersecurity IT Staff continued to deploy security configurations to user accounts. IT Staff spent time throughout August deploying security configurations and equipping staff with security tokens for their user accounts. IT Staff also continued to work to apply additional security-related configurations to the Microsoft 365 environment.
In addition, the IT department renewed cybersecurity services to protect the City's technology environment.
Enterprise Permitting and Licensing Software
IT Staff have been assisting the GIS Coordinator with a data survey for the Enterprise Permitting and Licensing platform.