Waterford City Council
March 17, 2022

AGENDA

WATERFORD CITY COUNCIL - REGULAR MEETING

WATERFORD CITY HALL, CITY COUNCIL
CHAMBERS 101 “E” STREET, WATERFORD, CA

CALL TO ORDER &
FLAG SALUTE: Mayor Aldaco
INVOCATION: Invocation
ROLL CALL:

Mayor: Jose Aldaco
Vice Mayor: Joseph Ewing, III
Council Members: Jamie Hilton, Jill Kitchens, Elizabeth Talbott ADOPTION OF AGENDA:

A member of the City Council motions to accept the items on the agenda for consideration as presented, or motions for any additions, including emergency items, or items pulled from consideration.

CONFLICT OF INTEREST DECLARATION:

Declaration by City Council members who may have a direct Conflict of Interest on any scheduled agenda item to be considered.

1. 1a: PRESENTATION: Proclamation Declaring Love Waterford Day as the Last Saturday in April Each Year.

2. This is the portion of the meeting specifically set aside to invite public comments regarding any matters not appearing on the agenda and within the jurisdiction of the City Council or the Successor Agency. Individual audience participation is limited to a maximum of 5 minutes. We encourage you to share your name and address, or submit a speaker card to the City Clerk.

3. All Matters listed under the Consent Calendar are considered routine by the Council and will be adopted by one action of the Council unless any Council Member desires to discuss any item or items separately. In that event, the Mayor will remove that item from the Consent Calendar and action will be considered separately.
3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Adopting Resolution 2022-12, Approving the Warrant Register in the Amount of $110,711.62 for the Period of March 3 to March 7, 2022.

WATERFORD CITY COUNCIL REGULAR MEETING – March 17, 2022 - 6:30 PM

COMMUNICATIONS FROM THE AUDIENCE

PRESENTATIONS

ADOPTION OF CONSENT CALENDAR
3c: MOTION: Approving Minutes of the Regular City Council Meeting held March 3, 2022 and the Special Goal Setting Workshop held on February 24, 2022. 3d: RESOLUTION: Adopting Resolution 2022-13, to receive and accept the Housing Element Annual Progress Report for Calendar Year 2021 and Authorize Staff to Submit to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development. 3e: MOTION: Accepting the Treasurer’s Report for the Quarter Ended December 31, 2021.

4. 4.

5. 5a: ORDINANCE: Introduction and First Reading of Ordinance No. 2022-01 to Amend the Waterford Municipal Code Relating to Commercial Land Uses. (Niskanen)

6. 6a: RESOLUTION: Adopting Resolution 2022-14 of the City Council of the City of Waterford Approving Application(s) for Grant Funds from the Recreational Trails Program (RTP) and Authorize the City Manager to Sign all Documents Related to the Grant. (Statzer) 6b: MOTION: Approving Amendment #1 to the Retainer Agreement for Architectural Services with Red Architects, Inc of Modesto California by Extending the Original Retainer Agreement for Three Additional Years. (Pitcock)
6c: RESOLUTION: Approving Resolution 2022-15, Accepting Improvements for Project No. 2022-03, “Emergency Repair of Baker Lift Station” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office. (Statzer) 6d: MOTION: Authorizing Staff to Prepare and Release a Request for Proposal (RFP) Soliciting Contractors for the Project No. 2022-05, “H & I Street Improvement Project.” (Statzer)

7. 8.
8a: City Project List

9. 9a: City Staff
9b: City Council

STAFF/COUNCIL COMMENTS AND MEETING REPORTS

INFORMATIONAL ITEMS

SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY

GENERAL BUSINESS

FINAL READINGS

PUBLIC HEARINGS

10. 11.
11a: "CONFERENCE WITH LABOR NEGOTIATOR"
(Pursuant to Government Code Section 54957.6)
Designated Labor Negotiator: Corbett Browning, City Attorney - International Union of Operating Engineers Stationary Engineers, Local 39

12. NOTICE
REPORTS: Copies of the staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection at the front counter at City Hall during normal business hours.

COMMUNICATIONS FROM THE AUDIENCE: If you wish to address the City Council or the Successor Agency on any item not on the printed agenda, prior to the start of the meeting, or prior to addressing the City Council or the Successor Agency, complete and submit a speaker card and deliver it to the City Clerk. (Please note, speaker cards are not required, however completing a speaker card enables staff to better follow up with you later, if necessary and attribute your comments to you in the minutes of the meeting). When the Mayor calls for “Communications from the Audience,” stand or raise your hand and the Mayor will ask you to approach the podium and state your name and city of residence. It is the policy of the City Council that they will not act on any matter not appearing on the posted agenda. The purpose of the discussion is to permit a member of the public to raise an issue or problem and to permit the City Council to ask questions for clarification of the issue or problem, provide information to the public, provide direction of the City Staff, or schedule the matter for a future meeting. Please hold all comments to five (5) minutes.

PUBLIC COMMENTS RELATED TO AN ITEM ON THE PRINTED AGENDA: Members of the public are entitled to directly address the City Council or the Successor Agency concerning any item that is described on the agenda during consideration of that item. If during a public hearing, the Mayor will direct when the hearing has opened for public comment. If you wish to address the City Council or the Successor Agency on any item listed on this agenda, please complete a speaker card and deliver it to the City Clerk prior to discussion of that item. (Please note, speaker cards are not required, however completing a speaker card enables staff to better follow up with you later, if necessary and attribute your comments to you in the minutes of the meeting.) When your name is called proceed to the podium and state your name and city of residence.

WRITTEN MATERIAL INTRODUCED INTO THE RECORD: Citizens wishing to introduce written material into the record at the public hearing on any item are requested to provide a copy of the written material to the City Clerk prior to the public hearing date and/or prior to the opening of the public hearing so that the material may be distributed to the City Council prior to the public hearing.

NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

LIVE AND ON-DEMAND VIDEO RECORDINGS OF THE CITY COUNCIL/SUCCESSOR AGENCY: The meeting of the Waterford City Council/Successor Agency can be watched live and on-demand from the City’s website at www.cityofwaterford.org.

AMERICANS WITH DISABILITIES ACT (ADA): In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disabilityrelated modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (209) 874-2328 ext. 101 or email:
[email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting General Information: The Waterford City Council meets on the 1st and 3rd Thursdays of each month at 6:30PM., unless otherwise noticed.

Council Agenda’s: Copies of City Council Agenda and agenda related writings or documents will be made available for public inspection at the front counter at City Hall located at 101 “E” Street, Waterford, CA 72 hours prior to the meeting, or at the time of the scheduled meeting. _______________________________________________________ Patricia Krause, CMC, City Clerk Date

CLOSED SESSION

ADJOURNMENT / RECESS

REPORT OUT OF CLOSED SESSION
Proclamation: Declaring Love Waterford Day as the Last Saturday in April Each Year.

Presentations 1a
March 17, 2022
Patricia Krause, City Clerk / Assistant to the City Manager City Council Staff Report
SUMMARY:

Mayor Aldaco to present a Proclamation declaring the that the last Saturday in April each year be recognized in the City of Waterford as Love Waterford Day.

ANALYSIS:

On behalf of the City Council of the City of Waterford, Mayor Aldaco will present a Proclamation declaring the last Saturday in April as Love Waterford Day and encouraging residents of Waterford to volunteer on this day.

FISCAL IMPACT:

No fiscal impact.

ENVIRONMENTAL REVIEW:

Not Applicable.

ALTERNATIVES:

Not Applicable.

ATTACHMENTS:

1. Proclamation – Love Waterford Day
Proclamation
WHEREAS, the City of Waterford proudly promotes a healthy, safe and vibrant community and is dedicated to delivering excellent services and engaging meaningful public participation; and WHEREAS, the vision, mission and values of Love Stanislaus County (DBA Love Waterford) align with the vision, mission and values of the City of Waterford; and WHEREAS, the month of April is recognized in the United States as Volunteer Appreciation; and WHEREAS, government alone cannot meet all of our city’s needs, so we partner with businesses, faith-based organizations, non-profit organizations, foundations and individuals who serve in our community to make a difference; and
WHEREAS, the City of Waterford is committed to encouraging volunteerism among its employees, citizens, partners, businesses and organizations; and WHEREAS, by volunteering and recognizing those who serve, we promote partnership, understanding and collaborative problem-solving in our community; therefore IT IS FURTHER PROCLAIMED AND ORDERED that the last Saturday in April each year be recognized in the City of Waterford as Love Waterford Day and residents of Waterford are urged to volunteer on this day.

Signed this 17th day of March, 2022.
____________________________________
Jose Aldaco, Mayor of Waterford
Attest:
____________________________________
Patricia Krause, City Clerk
Consent Calendar 3a
March 17, 2022
Patricia Krause, City Clerk / Assistant to the City Manager City Council Staff Report
Motion: Waive Readings of Ordinances and Resolutions, Except by Title.

SUMMARY:

It is recommended that the City Council approve the waiver of readings of Ordinances and Resolutions, except by title.

ANALYSIS:

Pursuant to California Government Code §36934, approval of the waiver of readings will allow Ordinances and Resolutions to be introduced by title only and acted upon without the need to read the entire text of the item into the public record. The documents related to proposed Ordinances and Resolutions are available for review by the public on the City’s website and in the City Clerk’s office at City Hall.

FISCAL IMPACT:

N/A
ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Direct the City Clerk to read the entire text of resolutions and ordinances prior to approval and adoption.

2. Take no action.

ATTACHMENTS:

N/A
Consent Calendar 3b
March 17, 2022
Patricia Krause, City Clerk / Assistant to the City Manager City Council Staff Report
Resolution: Adopting Resolution 2022-12, Approving the Warrant Register in the Amount of $110,711.62 for the Period of March 3 to March 7, 2022.

SUMMARY:

Consider approving the Warrant Register for the period of March 3 to March 7, 2022.

ANALYSIS:

As per Government Code Section §41004, a listing of all payments the City has made for goods and services need to be approved by City Council on a regular basis. This Warrant Register includes payments and payroll made for the period of March 3 to March 7, 2022.

FISCAL IMPACT:

Payments for this period total $110,711.62.

ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Take no action.

2. Provide staff with further direction.

ATTACHMENTS:
• Resolution #2022-12
• Check Register Report

WATERFORD CITY COUNCIL

DATE TOTAL
PAYROLL 3/7/2022 $ 32,851.39
ACCOUNTS PAYABLE 3/3/2022 $ 77,860.23
TOTAL $ 110,711.62
Passed and Adopted by the City Council of Waterford at a regular meeting held on By the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

PATRICIA KRAUSE, CMC, CITY CLERK JOSE M. ALDACO, MAYOR
RESOLUTION 2022-12
RESOLUTION # 2022-12
March 17, 2022
The City of Waterford does hereby reserve, determine and order as follows:

SECTION 1: That in accordance with Section 37202 of the Government Code that the City Manager hereby certifies to the accuracy of the following demands and the availability of funds for the payment thereof.

SECTION 2: That the following claims and demands are subject to audit as required by law, and that the same are hereby set forth.

User:

Printed: 03/07/2022 - 10:08AM
'trish'
Payroll
Include Partial: FALSE
ACH Check Register
Batch: 00007.03.2022
Check Date Check Number Employee No Employee Name Amount 03/07/2022 0 1002 2,547.48
03/07/2022 0 1006 714.34
03/07/2022 0 1008 1,897.20
03/07/2022 0 1011 644.44
03/07/2022 0 1015 1,208.48
03/07/2022 0 1017 983.01
03/07/2022 0 2004 2,379.73
03/07/2022 0 2005 3,240.41
03/07/2022 0 2006 2,741.82
03/07/2022 0 2007 210.68
03/07/2022 0 2010 780.71
03/07/2022 0 2012 2,126.01
03/07/2022 0 2020 4,047.70
03/07/2022 0 2023 1,816.51
03/07/2022 0 2024 1,828.15
03/07/2022 0 2027 686.64
03/07/2022 0 2028 1,312.00
03/07/2022 0 2030 1,441.25
03/07/2022 0 2031 1,605.27
03/07/2022 0 3004 134.93
03/07/2022 0 3010 125.58
03/07/2022 0 3011 126.35
03/07/2022 0 3012 126.35
03/07/2022 0 3013 126.35
Total Employees: Total: 24 32,851.39
PR- ACH Check Register (03/07/2022 - 10:08 AM) Page 1
User:

Printed: 03/03/2022 - 4:38PM
bianca hendee
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00001.03.2022
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 103400 ANSWERNET Check Sequence: 1 ACH Enabled: False 112-81682 25.70 03/03/2022 5050-700-7810
112-81682 25.70 03/03/2022 5071-800-7810
112-81682 12.86 03/03/2022 1010-310-7810
Check Total: 64.26
Vendor: 103410 APPLEGATE TEEPLES DRILLING CO., INC. Check Sequence: 2 ACH Enabled: False i42761 29,266.00 03/03/2022 4350-700-7420
Check Total: 29,266.00
Vendor: 110900 AT&T MOBILITY Check Sequence: 3 ACH Enabled: False X02242022 34.09 03/03/2022 1010-110-7811
Check Total: 34.09
Vendor: 105896 AYERA TECHNOLOGIES, INC. Check Sequence: 4 ACH Enabled: False 349334 214.00 03/03/2022 1010-110-7811
Check Total: 214.00
Vendor: 105600 BAY ALARM COMPANY Check Sequence: 5 ACH Enabled: False 19373993 112.50 03/03/2022 5050-700-7730
19373993 112.50 03/03/2022 5071-800-7730
19373993 112.50 03/03/2022 5070-800-7730
19373993 112.50 03/03/2022 5072-800-7730
19377783 202.50 03/03/2022 5050-700-7730
19381295 137.70 03/03/2022 1010-550-7730
Check Total: 790.20
Vendor: 106515 BOSS BUSINESS SYSTEMS INC Check Sequence: 6 ACH Enabled: False 442889 209.11 03/03/2022 1010-110-7510
AP-Computer Check Proof List by Vendor (03/03/2022 - 4:38 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 443380 197.41 03/03/2022 1010-110-7510
Check Total: 406.52
Vendor: 200763 CALIFORNIA HIGH REACH Check Sequence: 7 ACH Enabled: False 251951 680.69 03/03/2022 1010-310-7510
Check Total: 680.69
Vendor: 110800 CHUCK'S AUTO PARTS Check Sequence: 8 ACH Enabled: False 875881 4.42 03/03/2022 5070-800-7430
875881 15.48 03/03/2022 5071-800-7430
875881 2.21 03/03/2022 5072-800-7430
Check Total: 22.11
Vendor: 110955 CISCO FIRE SPRINKLERS, INC Check Sequence: 9 ACH Enabled: False E80943 400.00 03/03/2022 1010-560-7510
Check Total: 400.00
Vendor: 112400 CITY OF WATERFORD - PETTY CASH Check Sequence: 10 ACH Enabled: False 7/28/21-2/11/22 120.00 03/03/2022 1010-110-7430
7/28/21-2/11/22 17.50 03/03/2022 1010-110-7540
7/28/21-2/11/22 99.71 03/03/2022 1010-110-7732
7/28/21-2/11/22 57.99 03/03/2022 1010-130-7510
Check Total: 295.20
Vendor: 112755 COLLINS ELECTRICAL COMPANY INC. Check Sequence: 11 ACH Enabled: False T722007-1 1,170.00 03/03/2022 5050-700-7420
Check Total: 1,170.00
Vendor: 200760 CSG CONSULTANTS, INC. Check Sequence: 12 ACH Enabled: False 41829 5,850.00 03/03/2022 1010-410-7190
Check Total: 5,850.00
Vendor: 115705 DG TIRES & WHEELS Check Sequence: 13 ACH Enabled: False 009569 97.50 03/03/2022 1010-310-7420
009569 97.50 03/03/2022 1010-580-7420
009569 97.50 03/03/2022 5050-700-7420
009569 68.25 03/03/2022 5071-800-7420
009569 19.50 03/03/2022 5070-800-7420
AP-Computer Check Proof List by Vendor (03/03/2022 - 4:38 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 009569 9.75 03/03/2022 5072-800-7420
Check Total: 390.00
Vendor: 121000 GILTON SOLID WASTE MANAGEMENT, INC. Check Sequence: 14 ACH Enabled: False 02/28/22 295.78 03/03/2022 1010-580-7410
Check Total: 295.78
Vendor: 123956 HICKMAN TIRE & WHEEL Check Sequence: 15 ACH Enabled: False 000932 16.00 03/03/2022 1010-310-7420
000932 16.00 03/03/2022 1010-550-7420
000932 16.00 03/03/2022 5050-700-7420
000932 11.20 03/03/2022 5071-800-7420
000932 3.20 03/03/2022 5070-800-7420
000932 1.60 03/03/2022 5072-800-7420
Check Total: 64.00
Vendor: 200759 JARED STEELEY WATER & WASTEWATER MANAGEMENT Check Sequence: 16 ACH Enabled: False 9303 5,164.60 03/03/2022 5071-800-7190
9303 1,475.60 03/03/2022 5070-800-7190
9303 737.80 03/03/2022 5072-800-7190
Check Total: 7,378.00
Vendor: 138700 LINDE GAS & EQUIPMENT INC. Check Sequence: 17 ACH Enabled: False 69010758 40.47 03/03/2022 1010-310-7510
Check Total: 40.47
Vendor: 131025 MEDICAL EYE SERVICES Check Sequence: 18 ACH Enabled: False 220403079701 19.30 03/03/2022 1010-110-7120
220403079701 2.88 03/03/2022 1010-210-7120
220403079701 8.65 03/03/2022 1010-300-7120
220403079701 22.33 03/03/2022 1010-310-7120
220403079701 4.89 03/03/2022 1010-410-7120
220403079701 1.02 03/03/2022 1010-430-7120
220403079701 5.12 03/03/2022 1010-560-7120
220403079701 13.68 03/03/2022 1010-580-7120
220403079701 5.12 03/03/2022 2210-260-7120
220403079701 113.98 03/03/2022 5050-700-7120
220403079701 29.83 03/03/2022 5070-800-7120
220403079701 132.73 03/03/2022 5071-800-7120
AP-Computer Check Proof List by Vendor (03/03/2022 - 4:38 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 220403079701 10.50 03/03/2022 5072-800-7120
220403079701 2.88 03/03/2022 5090-110-7120
Check Total: 372.91
Vendor: 132700 MODESTO IRRIGATION DISTRICT Check Sequence: 19 ACH Enabled: False 020822-01 SOLAR 545.72 03/03/2022 1010-110-7820
020822-01 SOLAR 202.05 03/03/2022 1010-560-7820
020822-01 SOLAR 3,030.12 03/03/2022 5050-700-7820
020822-02 125.36 03/03/2022 1010-300-7820
020822-02 125.37 03/03/2022 5050-700-7820
020822-02 125.36 03/03/2022 5071-800-7820
020822-14 568.55 03/03/2022 1010-210-7820
020822-15 9,146.37 03/03/2022 5071-800-7820
020922-03 129.47 03/03/2022 1010-210-7820
020922-03 176.29 03/03/2022 1010-310-7820
020922-03 67.57 03/03/2022 1010-550-7820
020922-03 80.22 03/03/2022 1010-580-7820
020922-03 57.24 03/03/2022 2210-260-7820
020922-03 22.56 03/03/2022 2230-260-7820
020922-03 556.64 03/03/2022 5050-700-7820
020922-03 1,452.70 03/03/2022 5070-800-7820
Check Total: 16,411.59
Vendor: 134499 N & S TRACTOR CO. Check Sequence: 20 ACH Enabled: False IT21976 264.36 03/03/2022 5050-700-7420
IT21976 264.36 03/03/2022 1010-310-7420
IT21976 264.36 03/03/2022 1010-580-7420
IT21976 185.05 03/03/2022 5071-800-7420
IT21976 52.87 03/03/2022 5070-800-7420
IT21976 26.45 03/03/2022 5072-800-7420
Check Total: 1,057.45
Vendor: 136600 PG&E Check Sequence: 21 ACH Enabled: False

02.16.22-01 254.25 03/03/2022 1010-110-7820

02.16.22-02 87.70 03/03/2022 1010-310-7820

02.16.22-02 87.69 03/03/2022 1010-580-7820

02.16.22-03 389.37 03/03/2022 1010-210-7820

02.16.22-04 875.46 03/03/2022 1010-560-7820

02.16.22-05 244.29 03/03/2022 1010-550-7820
AP-Computer Check Proof List by Vendor (03/03/2022 - 4:38 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 1,938.76
Vendor: 139200 PRODUCTIVITY PLUS ACCOUNT Check Sequence: 22 ACH Enabled: False MC32674 67.11 03/03/2022 1010-580-7420
MC32690 258.91 03/03/2022 1010-580-7420
Check Total: 326.02
Vendor: 130200 ROBBINS BROWNING GODWIN & MARCHINI LLP Check Sequence: 23 ACH Enabled: False 66696 6,210.20 03/03/2022 1010-110-7194
66697 67.50 03/03/2022 1010-110-7194
Check Total: 6,277.70
Vendor: 143195 SIEMENS INDUSTRY INC Check Sequence: 24 ACH Enabled: False 5330263388 963.82 03/03/2022 1010-110-7300
Check Total: 963.82
Vendor: 146100 STANISLAUS COUNTY AUDITOR-CONTROLLER Check Sequence: 25 ACH Enabled: False 57566 532.86 03/03/2022 1010-310-7520
Check Total: 532.86
Vendor: 150566 TUOLUMNE SECURITY SERVICE, INC. Check Sequence: 26 ACH Enabled: False 147 175.00 03/03/2022 5050-700-7300
147 175.00 03/03/2022 5071-800-7300
147 100.00 03/03/2022 5070-800-7300
147 50.00 03/03/2022 5072-800-7300
Check Total: 500.00
Vendor: 150567 TURLOCK IRRIGATION DISTRICT Check Sequence: 27 ACH Enabled: False 022122 1,092.01 03/03/2022 5072-800-7820
Check Total: 1,092.01
Vendor: 155000 WARDEN'S Check Sequence: 28 ACH Enabled: False 2072124-0 31.47 03/03/2022 1010-410-7510
2072124-0 13.36 03/03/2022 1010-110-7510
2072124-0 25.27 03/03/2022 1010-110-7515
Check Total: 70.10
AP-Computer Check Proof List by Vendor (03/03/2022 - 4:38 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 155650 WATERFORD IRRIGATION SUPPLY INC. Check Sequence: 29 ACH Enabled: False 189484 106.32 03/03/2022 1010-580-7410
189871 45.91 03/03/2022 1010-580-7410
Check Total: 152.23
Vendor: 157400 WILLE ELECTRIC SUPPLY CO. INC Check Sequence: 30 ACH Enabled: False S2073191.001 20.17 03/03/2022 5070-800-7520
Check Total: 20.17
Vendor: 157859 XCAST LABS, INC. Check Sequence: 31 ACH Enabled: False 10848607 494.43 03/03/2022 1010-110-7810
10848607 127.73 03/03/2022 1010-210-7810
10848607 80.57 03/03/2022 5050-700-7810
10848607 48.34 03/03/2022 5071-800-7810
10848607 24.17 03/03/2022 5070-800-7810
10848607 8.05 03/03/2022 5072-800-7810
Check Total: 783.29
Total for Check Run:

Total of Number of Checks:
77,860.23
31 AP-Computer Check Proof List by Vendor (03/03/2022 - 4:38 PM) Page 6 Consent Calendar 3c
March 17, 2022
Patricia Krause, City Clerk / Assistant to the City Manager City Council Staff Report
Motion: Approving Minutes of the Regular City Council Meeting held March 3, 2022 and the Special Goal Setting Workshop held on February 24, 2022.

SUMMARY:

Consider approving minutes from the March 3, 2022 Regular City Council meeting and the Special Goal Setting Workshop held on February 24, 2022.

ANALYSIS:

Approve Minutes of the Regular City Council Meeting held on March 3, 2022 and the Special Goal Setting Workshop held on February 24, 2022.

FISCAL IMPACT:

N/A
ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Direct the City Clerk to make amendments to the minutes and bring them back for approval at a future City Council meeting.

2. Take no action.

ATTACHMENTS:
• City Council Regular Meeting Minutes of March 3, 2022. • City Council Special Goal Setting Workshop Minutes of February 24, 2022.

MINUTES

WATERFORD CITY COUNCIL - REGULAR

MEETING WATERFORD CITY HALL, CITY
COUNCIL CHAMBERS 101 “E” STREET,

WATERFORD, CA
MEETING CALLED TO ORDER BY MAYOR ALDACO AT: 6:30 pm
FLAG SALUTE: Mayor Aldaco
INVOCATION: Pastor Dave McGaffee, Waterford Assembly of God Church ROLL CALL PRESENT:

Mayor Aldaco
Council Member Hilton
Council Member Kitchens
Council Member Talbott
ABSENT: Vice Mayor Ewing
STAFF PRESENT:

Michael Pitcock, City Manager
Corbett Browning, City Attorney
Patricia Krause, City Clerk / Assistant to the City Manager Lonnie Statzer, Public Works Superintendent
Michael Parker, Police Chief
ADOPTION OF AGENDA:

ACTION: By motion moved and seconded (CM Hilton / CM Talbott / 4-0) to adopt the Agenda.

AYES: Aldaco, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Ewing
ABSTAIN: None
Motion passed 4-0.

CONFLICT OF INTEREST DECLARATION:

None.

WATERFORD CITY COUNCIL REGULAR MEETING – March 3, 2022 - 6:30 PM

1. 2.

None.

3. 3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Adopting Resolution 2022-11, Approving the Warrant Register in the Amount of $320,669.39 for the Period of February 8 to February 22, 2022. 3c: MOTION: Approving Minutes of the Regular City Council Meeting held February 17, 2022.

ACTION: By motion moved and seconded (CM Talbott / CM Hilton / 4-0) to approve the consent calendar.

AYES: Aldaco, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Ewing
ABSTAIN: None
Motion passed 4-0.

4. 5.

6. 6a: MOTION: Authorizing Staff to Prepare and Release a Request for Proposal (RFP) Soliciting Contractors for the Project No. 2022-04, “Dog Park Project.” (Statzer) Parks and Recreation Chair Kati Jaycox encouraged the Council to approve the request to release the proposal for the Waterford Dog Park.

ACTION: By motion moved and seconded (CM Kitchens / CM Talbott / 4-0) to Authorize Staff to Prepare and Release a Request for Proposal (RFP) Soliciting Contractors for the Project No. 2022-04, “Dog Park Project.”
AYES: Aldaco, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Ewing
ABSTAIN: None

COMMUNICATIONS FROM THE AUDIENCE

PRESENTATION

GENERAL BUSINESS

FINAL READINGS

ADOPTION OF CONSENT CALENDAR

PUBLIC HEARINGS
Motion passed 4-0.
6b: MOTION: Reaffirming the Declaration of Emergency made by the City Manager on January 31, 2022 and Declaring there is a Need to Continue with Project No. 2022-03, “Emergency Repair of Baker Lift Station.” (Statzer)
ACTION: By motion moved and seconded (CM Talbott / CM Kitchens / 4-0) Reaffirming the Declaration of Emergency made by the City Manager on January 31, 2022 and Declaring there is a Need to Continue with Project No. 2022-03, “Emergency Repair of Baker Lift Station.”
AYES: Aldaco, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Ewing
ABSTAIN: None
Motion passed 4-0.
6c: MOTION: Approving a Service Agreement with Bay City Electric Works, Inc. in the Amount of $25,071.42 for “Renewal of Three (3) Year Service Contract” and Authorizing the City Manager to Execute the Service Agreement. (Statzer)
ACTION: By motion moved and seconded (CM Kitchens / CM Talbott / 4-0) to Approve a Service Agreement with Bay City Electric Works, Inc. in the Amount of $25,071.42 for “Renewal of Three (3) Year Service Contract” and Authorizing the City Manager to Execute the Service Agreement.

AYES: Aldaco, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Ewing
ABSTAIN: None
Motion passed 4-0.

7. 8.
8a: City Project List
8b: Parks and Recreation Meeting Minutes November 30, 2021 and January 11, 2022.

9. 9a: City Staff
Chief Parker gave the Council the UCR Report for the Month of January. Chief Parker also gave the Council an update on the speed trailer activity as well as the most recent calls of interest.

Public Works Superintendent Statzer informed the Council that the Love Waterford event will be April 30th. Mr. Statzer complemented staff on working late and taking care of some big water leaks earlier in the week.

City Clerk Krause informed the Council that the water disconnection moratorium had ended and that the utility department will resume disconnection for non-payment starting May 1st, also that the City will no longer be charging the credit card service fee for utility payments.

City Attorney Browning informed the Council that there will be no closed session after the meeting.

STAFF/COUNCIL COMMENTS AND MEETING REPORTS

INFORMATIONAL ITEMS

SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY City Manager Pitcock thanked the Council for attending the Council workshop session. Mr. Pitcock informed the Council that staff is moving forward with the community center project as requested. 9b: City Council
Councilmember Hilton had no comments.

Councilmember Kitchens had no comments.

Councilmember Talbott wished everyone a great Women’s History Month.

Mayor Aldaco thanked the City Manager for a great Workshop and thanked Mr. Statzer for taking care of the park bathroom issues and for creating an action plan to resolve issues in the future. Mayor Aldaco let the Council know that he will be absent from the next meeting.

10. ACTION: By motion moved and seconded (CM Talbott / CM Kitchens / 4-0) to adjourn meeting at 6:53 pm.

AYES: Aldaco, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Ewing
ABSTAIN: None
Motion passed 4-0.

11. 11a: "CONFERENCE WITH LABOR NEGOTIATOR"
(Pursuant to Government Code Section 54957.6)
Designated Labor Negotiator: Corbett Browning, City Attorney - International Union of Operating Engineers Stationary Engineers, Local 39

12. 12.

PASSED AND ADOPTED by the Waterford City Council at a regular meeting held on March 17, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF WATERFORD:

________________________
Jose M. Aldaco, Mayor
ATTEST:
_________________________
Patricia Krause, CMC, City Clerk

CLOSED SESSION

ADJOURNMENT / RECESS

REPORT OUT OF CLOSED SESSION

MINUTES
WATERFORD CITY COUNCIL – SPECIAL

MEETING WATERFORD CITY HALL, CITY
COUNCIL CHAMBERS 101 “E” STREET,

WATERFORD, CA
MEETING CALLED TO ORDER BY MAYOR ALDACO AT: 6:00 pm
ROLL CALL PRESENT:

Mayor Aldaco
Vice Mayor Ewing
Council Member Hilton
Council Member Kitchens
Council Member Talbott
ABSENT: None
STAFF PRESENT:

Michael Pitcock, City Manager

1. None.

2. 2a: 2022 City Council Priorities Workshop
− Workshop Overview – Michael Pitcock, City Manager
− Existing Projects/Goals – Michael Pitcock, City Manager − New or Amended Goals – City Council
City Manager Pitcock presented past and proposed Council priorities for Council’s consideration, modification and approval.

9. 9a: City Staff – No comments

COMMUNICATIONS FROM THE AUDIENCE

STAFF/COUNCIL COMMENTS AND MEETING REPORTS

WORKSHOP
WATERFORD CITY COUNCIL SPECIAL GOAL SETTING WORKSHOP – February 24, 2022 – 6:00 PM
9b: City Council – No comments

10. ACTION: By motion moved and seconded (CM Talbott / CM Kitchens / 5-0) to adjourn meeting at 8:00 pm.

AYES: Aldaco, Ewing, Hilton, Kitchen, Talbott
NAYS: None
ABSENT: None
Motion passed 5-0.

PASSED AND ADOPTED by the Waterford City Council at a regular meeting held on March 17, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF WATERFORD:

________________________
Jose M. Aldaco, Mayor
ATTEST:
_________________________
Patricia Krause, CMC, City Clerk

ADJOURNMENT / RECESS
Consent Item 3d
March 17, 2022
Mark Niskanen, Planning Manager
City Council Staff Report
Resolution: Approving Resolution 2022-13, to receive and accept the Housing Element Annual Progress Report for Calendar Year 2021 and Authorize Staff to Submit to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development
SUMMARY:

Each year, California cities are required to prepare an annual progress report on the status of implementing the General Plan Housing Element and submit the report to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR). Using a form provided by HCD, the annual report provides a snapshot of housing unit production across affordability levels, development applications received and processed during the reporting year, affordable housing production, and provides an update on housing program implementation. The annual report must be provided to the legislature (City Council) prior to sending it to the State.

BACKGROUND:

The City Council adopted the Housing Element on November 15, 2018 and subsequently, the City received certification by HCD on December 17, 2018. The Housing Element is one of the seven (7) mandated Elements of the City’s General Plan and includes information related to the City’s existing housing needs, an analysis of the City’s population and employment trends, household characteristics, an inventory of land suitable for residential development and programs and implementation measures.

As part of the update to the City’s Housing Element, the City is required to identify sites to accommodate its Regional Housing Needs Allocation (RHNA), as determined by HCD and the Stanislaus Council of Governments (StanCOG). In summary, the RHNA process allocates the State of California’s future housing needs to each County throughout the State. The State of California requires HCD to identify housing needs for each region in response to projected population and household growth. State law further mandates that each Council of Governments (COG) distribute the RHNA to each jurisdiction within the COG’s region, or in this case, StanCOG. As such, the City, in the update to the Housing Element, identified a number of sites that could accommodate the City’s fair share of the RHNA, in all income categories (e.g. very-low income, above moderate income, etc.).

ANALYSIS:

Under California Government Code Section 65400, the City is required to prepare a General Plan Housing Element Annual Progress Report for submittal to the City Council, OPR and HCD by April 1st of each year. If approved tonight Planning Staff will send the City Council Resolution to certify the 2021 Housing Element Progress Report. The purpose of the annual report is to provide the City Council and the State Departments a progress report on the General Plan Housing Element’s implementation status toward meeting the City’s fair share in the RHNA (as discussed above).

The forms provided by HCD were originally adopted in 2010 and have been updated pursuant to Assembly Bill 879 (AB 879), Senate Bill 35 (SB 35), Assembly Bill 1486 (AB 1486), Assembly Bill (AB 1255), and Assembly Bill (AB 2345). The forms provided by HCD require the following information:
• Status of the plan and progress in it is implementation • Progress in meeting its share of the regional housing needs • The number of housing development applications received in the prior year • The number of units included in all development applications in the prior year • The number of units approved and disapproved in the prior year • The degree to which its approved general plan complies with the guidelines developed • List of sites rezoned to accommodate that portion of the City’s share of the regional housing need for each income level
• Number of net new units of housing, including both rental and for-sale housing, that have been issued an entitlement, a building permit, or a certificate of occupancy • Number of units by Structure Type: Single-Family Attached, Single-Family Detached, MultiFamily, ADU, etc. • Senate Bill 2 Funding Project Tracking
• Senate Bill 35 Streamlined Applications Received
• Senate Bill 35 Streamlined Permits: Number of units constructed and income category • Locally owned lands included in the Housing Element Inventory that have been sold, leased or disposed of
Staff has prepared the 2021 Waterford Housing Element Annual Progress Report, included as Attachment Xb of this Staff Report. Some highlights of the 2021 calendar year include:

New Construction
The City of Waterford issued building permits for seventy-five (75) above moderate-income residential units in 2021 for single-family residences and two (2) moderate-income accessory dwelling units (ADUs). No building permits were issued for very low-, low-, and/or moderate-income categories.

Progress Towards Meeting RHNA
As illustrated in Table B of the HCD Forms (Attachment Xb), the City has issued one hundred thirteen (113) building permits for residential development since 2015. The following table illustrates the City’s RHNA by Income Level and progress towards meeting RHNA:

Housing Element Programs
The City made progress in implementing the Implementation Programs of the Housing Element through the continued review and implementation of Housing Element programs. Throughout the 2021 calendar year the City continued to implement the relevant programs in the Housing Element.

PLANNING COMMISSION
On February 24, 2022, the Planning Commission held a special meeting to consider the Housing Element Annual Progress Report for Calendar Year 2021. The Planning Commission adopted Resolution 2022-02 (Attachment Xc), recommending to the City Council receive and accept the annual progress report on the Housing Element, attached and incorporated by reference herein, and authorize staff to forward the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400(2).

FISCAL IMPACT:

Staff time and resources have been utilized for the preparing of this Report.

ENVIRONMENTAL REVIEW:

The proposed Housing Element Annual Progress Report for Calendar Year 2021 is not considered a project as prescribed by the California Environmental Quality Act. No environmental review is necessary for this item.

ATTACHMENTS:
a: City Council Resolution No. 2022-13
b. Housing Element Annual Progress Report for Calendar Year 2021 c. Planning Commission Resolution No. 2022-02
RESOLUTION 2022-13

WATERFORD CITY COUNCIL
RESOLUTION NO. 2022-13

A RESOLUTION OF THE CITY OF WATERFORD CITY

COUNCIL TO RECEIVE AND ACCEPT THE HOUSING

ELEMENT ANNUAL PROGRESS REPORT FOR THE
CALENDAR YEAR 2021 AND AUTHORIZE STAFF TO
SUBMIT THE REPORT TO THE GOVERNOR’S OFFICE

OF PLANNING AND RESEARCH AND THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT
WHEREAS, California Government Code Section 65400(2), requires the planning agency to provide an annual report to the City Council, the Governor’s Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD) regarding progress toward implementing the housing element of the general plan; and WHEREAS, planning staff has prepared an annual progress report for the calendar year 2021, utilizing the prescribed forms and instructions provided by HCD; and WHEREAS, the Planning Commission held a special meeting on February 24, 2022, and recommended that City Council receive and accept the Housing Element Annual Progress Report for Calendar Year 2021 with Resolution No. 2022-02; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Waterford based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby receive and accept the annual progress report on the Housing Element, attached and incorporated by reference herein, and authorize staff to forward the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400(2) RESOLUTION 2022-13
The foregoing Resolution was passed and adopted by the City Council of the City of Waterford, Stanislaus County, at a meeting held on March 17, 2022, moved for adoption by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF WATERFORD
_______________________
JOSE ALDACO, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
PATRICIA KRAUSE, CMC CORBETT J. BROWNING
City Clerk City Attorney
Jurisdiction Waterford
Reporting Year 2021 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 3.2: Support County Housing Authority Programs
The City of Waterford will support the Housing Authority's implementation of the conventional Public Housing Rental Program and the Section 8 Existing Program which provides rent subsidies to participants' landlords and will support that agency's attempts to secure additional funding for expanded programs.

Ongoing
This program is ongoing. The City will continue to support the Housing Authority's implementation of the conventional Public Housing Rental Program and Section 8 Existing Program.

Program 3.3: Encourage Developers to apply for CHFA AB333 Subsidized Rental Allocations The City of Waterford will encourage developers to make applications for California Housing Finance Agency (CHFA) AB333 Subsidized Rental allocations which provide subsidized interest rate and operating subsidies to developers of rental housing projects.

Contact Developers SemiAnnually, 2014-2023 This program is ongoing. The City will contact developers at a semi-annual basis.

Program 3.4: Participate in Issuance of MultiFamily Mortgage Revenue Bonds The City of Waterford will participate with Stanislaus County in the issuance of multi-family mortgage revenue bonds as developers request such assistance to finance new construction projects for very low-, low, and moderate-income households and will assist by locating appropriate sites and by taking all necessary action to expedite processing and approval of such projects.

Ongoing
This program is ongoing. The City will participate with Stanislaus County in the issuance of multi-family mortgage revenue bonds as developers request such assistance to finance new construction for very low-, low-, and moderate-income households. The City will also maintain a list and map exhibit of sites that are zoned for multi-family for the use of developers.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Program 3.5: Housing
Condition Survey
The City will update and make available
to the public a Housing Condition Survey. The Survey should follow the California Department of Housing and Community Development's (HCD) example. Results of the survey are to be published on the City's website and, as a result of the survey, the City will assist the Stanislaus County Housing Authority in rehabilitation and targeted efforts.

Biennial Review of Housing Conditions (by December 31st of 2017, 2019, 2021, and 2023) This program is not yet complete. The City will conduct a Housing Condition Survey in 2021. The Housing Condition Survey will utilize the California Department of Housing and Community Development example.

Program 4.1: Administration of Housing Choice Voucher Program (Section 8) The City of Waterford will support Housing Authority administration of the Housing Choice Voucher Program Section 8 Moderate Rehabilitation Program. It provides for improvements to existing housing units as well as rental assistance on half of lowerincome families.

Ongoing
This program is ongoing. The City will support the Stanislaus County Housing Authority in the administration of the Housing Choice Voucher Program Section 8 Moderate Rehabilitation Program.

Program 4.2: HUD Home Rental Rehabilitation Program
The City of Waterford will participate with Stanislaus County in securing and implementing HUD Home Rental Rehabilitation program which provides low interest loans between $1,000 and $24,999 per unit to rehabilitate existing rental housing.

Ongoing This program is ongoing. The City will continue to participate with Stanislaus County is securing and implementing HUD Home Rental Rehabilitation program.

Program 4.3: U.S. Department of Rural Housing Services 504 Single Family Rehabilitation Program The City of Waterford will encourage homeowners to make applications for U.S. Department of Housing Services 504 Single Family Rehabilitation allocations which provides home repair loans up to $20,000 at one percent interest to very low-income families for the purpose of making repairs needed for the health and safety of the family and/or the community.

Ongoing
This program is ongoing. The City will continue to encourage homeowners to make applications for U.S. Department of Housing Services 504 Single Family Rehabilitation allocations.

Program 4.4: Mobile
Home Park Conservation
The City of Waterford will inspect mobile home parks on an annual basis for code compliance in accordance with Title 25, Chapter 5, of the California Administrative Code. The City also inspects on a complaint basis. As part of this program, City shall monitor mobile home parks at-risk of being converted to market-rate housing and/or a different use. The goal is to assist in conserving mobile home parks through State and Federal application assistance and referral.

Annually
The City, on an annual basis, will continue to inspect mobile home developments as part of Code Enforcement and Building Department inspections.

Program 4.5: California Housing Rehabilitation Program Rental (CHRP-R) Program The City of Waterford will investigate
financing of a nonprofit organization to provide application for and administration of the California Housing Rehabilitation Program rental (CHRP-R) Program.

Ongoing
This program is ongoing. The City will investigate, as time permits and funding are available, the financing of a nonprofit organization to provide application for and administration of the California Housing Rehabilitation Program.

Program 4.6: Code Compliance
The City will enforce, on a complaint or request basis, local zoning, housing, fire, building codes and standards for landscaping to maintain safe and decent housing.

Ongoing, 2014-2023
This program is ongoing. The City continues to enforce, on a complaint or request basis, local zoning, housing, fire, building codes and standards for landscaping to maintain safe and decent housing.

Program 4.7: Housing Rehabilitation and Preservation
The City places a high priority on maintaining the quality of its housing stock. The Housing Rehabilitation Program (HRP) for moderate/low income households provides residents with small loans. City will investigate new funding opportunities and administer funds as they become available. If, and when, a permanent funding source is identified, the City will provide information about the program at the planning department, on the City's website and in other public places to increase awareness and solicit applications.

Ongoing, 2014-2023 This program is ongoing. The City will continue to investigate new funding opportunities for Housing Rehabilitation efforts.

Program 5.1: Encourage
Nonprofit Application for HUD Section 202 Allocations
The City of Waterford will encourage nonprofit sponsors to make application for HUD Section 202 allocations for construction of rental housing for seniors and disabled and will consider all actions needed to expedite processing and approval of such projects.

Annually
The City, on an annual basis, will contact nonprofit sponsors to assist in the application for HUD Section 202 allocations for construction rental housing for seniors and disabled. The City will also investigate procedures to expedite the processing of such applications and approval of such projects.

Program 5.2: Farmworker Housing
The City, in cooperation with Stanislaus County, will apply to the State Department of Housing and Community Development for an HCD Farm Worker Housing Grant. To be funded with CDBG and with a State HCD Farm Worker Grant, the homes will be old at a subsidized cost to eligible farm workers.

Annually apply for State funding
This program is ongoing and implemented on an annual basis. The City will continue to cooperate with Stanislaus County in applying for State Department of Housing and Community Development for an HCD Farm Worker Housing Grant.

Program 5.3: Rural Housing Allocations
The City of Waterford will encourage nonprofit sponsors and/or the Housing Authority to make application for Rural Housing Services 514/516 allocations for rentals which provide a combination of grants and loans to finance the construction of migrant farm worker rental housing. Public and private nonprofit corporations, including State agencies and political subdivisions, are eligible for both grants and loans.

Contact Nonprofit Sponsors and/or the Housing Authority to coordinate the Rural Housing Services 514/516 allocations yearly, 2014-2023 This program is ongoing. The city will contact nonprofit sponsors and/or the Housing Authority to coordinate funding for farmworker rental housing.

Program 5.4: Farmworker Housing Support
The City will support the County in undertaking a program of data analysis to define the need for farm worker housing. Existing Census data, EDD data, and Self-Help Enterprises and County Planning Department studies will be used to determine amount, location, and type of housing need in all parts of the County.

Ongoing
This program is ongoing. The City will support he County in undertaking a program of data analysis to define the need for farm worker housing. The City will contact and assist the County in this task as time permits.

Program 5.5: Senior
Housing
The City will permit the development of senior housing in specific areas of the community, including residential and commercial zones at higher densities than are traditionally allowed. Zoning incentives will be given for senior housing development such as reduced parking standards, reduced unit sizes, increased heights, and increased maximum lot coverage.

Ongoing
The City continues to maintain maps and exhibits which illustrate the location which Multi-Family housing developments are permitted. The City will investigate procedures and incentives for the development of housing for seniors.

Program 5.6: Continuum of Care
Continue to address housing and services for homeless persons on a regional level through continued participation in the County Continuum of Care.

Ongoing This program is ongoing. The City will continue to participate in the Stanislaus County Continuum of Care.

Program 5.7: Homeless Services
Maintain information regarding homeless shelters and services available to City residents. This information shall be available at City Hall, the Library, and on the City's website.

Ongoing
The City continues to maintain information regarding homeless shelters and services available to City residents. The information is made available at City Hall.

Program 5.8: Developmentally Disabled
The City shall refer residents to the Valley Mountain Regional Center for housing and services for persons with developmental disabilities. As available, the City will pursue State and Federal monies for direct support of housing construction and rehabilitation specifically targeted for housing for persons with developmental disabilities.

Ongoing, 2014-2023
At an ongoing basis, the City will refer residents to the Valley Mountain Regional Center for housing and services for persons with developmental disabilities. As available, the City will pursue funding (State and Federal) for direct support of housing construction and rehabilitation specifically targeted for housing for persons with developmental disabilities.

Program 6.1: Review Zoning Ordinance
The City of Waterford will review its zoning ordinance to identify those obstacles to the timely development of housing.

Annually The City, on an annual basis, will review the Zoning Code to identify and remove obstacles to the timely development of housing.

Program 6.2: Development Standards
The city of Waterford will review its development standards in order to identify those areas that could result in impediments to the development of new housing opportunities within the City of Waterford. The City will also evaluate developer driven amendments to the City standards provided that sufficient documentation and assurance of effectiveness is provided.

Annually
Similar to implementing Program 6.1, the City will review its development standards and procedures to identify those areas that could impede the development of new housing in the City of Waterford. The City will conduct this review and make changes to the Zoning Code and City procedures on an annual basis.

Program 6.3: Review of
City Policies and Actions
The Planning Commission will conduct an ongoing review of City policies and actions relating to housing development. This task force will provide annual updates to the City Council regarding its findings.

Ongoing
Similar to implementing Program 6.1 and Program 6.2, City Staff will present and review City policies and actions related to housing development and suggest modifications to remove impediments to the development of new housing.

Program 6.4: Long-Term Water Supply
The City shall develop short and longterm contingency plans to ensure an adequate water supply for residents and businesses. The City shall continue to coordinate and develop long-term groundwater and surface water supply plans internally.

Developer Water Master Plan by December 2017
Complete. The City Council adopted the City of Waterford Water Master Plan in 2016.

Program 6.5: Housing Element Delivery of Water and Sewer Providers In accordance with Government Code Section 65589.7, immediately following City Council adoption, the City must deliver to all public agencies or private entities that provide water and sewer services to properties within Waterford a copy of the 2014-2023 Housing Element. The City of Waterford provides water and sewer services to all residences and businesses within the City and water to the unincorporated area of Hickman. As such, a copy of the 2014-2023 Housing Element will be provided to the applicable Department(s) within 30-days.

Deliver 2014-2023 Housing Element within thirty (30) days to applicable Department(s) - Public Works Complete. The adopted 2014-2023 Housing Element has been made available to the City Public Works Department.

Program 6.6: FastTrack/Priority Processing
The City will assist, to the extent possible, developers by providing fasttrack/priority processing for lowincome and special housing projects. Examples of such is to assign a primary contact for priority housing development to assist with all necessary entitlement and assist navigating various local departments, hold pre-application development conferences and establish ministerial procedures for multi-family uses in multi-family zones.

Ongoing
This program will be implemented at an ongoing basis and as development applications are submitted to the City. The City will confirm that a primary contact is assigned for the development project and that all efforts are made to fast-track the processing of development applications for low-income and special housing projects.

Program 6.7: Review of
Development Standards to Identify Constraints
Staff will periodically review the development standards for the residential zones to identify standards that may constrain the development of affordable housing and housing for special groups, such as disabled individuals.

Ongoing
This program is ongoing. Staff will review development standards in the Zoning Code and the City of Waterford Architectural Design Guidelines to identify standards that may constrain the development of affordable housing and housing for special groups, such as disabled individuals.

Program 6.8: Mortgage Revenue Bonds
The City of Waterford will participate with Stanislaus County in the issuance of single-family and multi-family mortgage revenue bonds for the purpose of reducing take-out interest rates to home buyers and developers of rental housing.

Ongoing
This program is ongoing. The City will continue to participate with Stanislaus County in the issuance of single-family and multi-family mortgage revenue bonds for the purposes of reducing take-out interest rates to home buyers and developers of rental housing.

Program 6.9: Participate with Stanislaus County in Identifying Adequate Land Reserves The City of Waterford will participate with Stanislaus County in identifying adequate reserves of developable land to address the problem of land costs.

Ongoing
This program is ongoing. The City will participate with Stanislaus County in identifying adequate reserves of developable land to address the problem of housing costs. The City continues to maintain a list of available sites and the Zoning Map which illustrates sites zoned for residential uses, including multifamily.

Program 6.10: Publicize Density Bonus
The City shall publicize the availability of the density bonus program through the local building industry association, by contacting home builders active in Waterford, by posting information on the City's website and by information available at the Planning Department counter. The City's Zoning Code shall be reviewed on a bi-annual basis and where necessary brought into conformance with Government Code Section 65915 pertaining to the granting of density bonus. 2014-2023 and Review of Zoning Code Bi-Annually
The City continues to maintain the Density Bonus Ordinance (Chapter 17.34 of the Waterford Municipal Code). As development applications are submitted to the City, Staff will review of the project for constancy and opportunity for density bonus. The City will also conduct bi-annual reviews of the City Density Bonus Ordinance and the California Government Code for consistency.

Program 6.11: Identify Barriers to Infill Development
The City of Waterford will implement a program to identify barriers to infill development. The concept will be to facilitate development of infill areas and underdeveloped parcels prior to annexation and urbanization of agricultural land.

Ongoing This program is ongoing. The City will identify barriers to infill development and if appropriate, develop and implement a program to remove barriers.

Program 6.12: Public
Engagement/General Plan Consistency
To promote continued opportunity for public engagement, the City shall conduct an annual Housing Element review by providing opportunities for public engagement and discussion in conjunction with the State requirement of a written review of the General plan by April 1 of each year (per Government Code Section 65400).

Annually
The City will draft and implement the Housing Element Annual Progress Report prior April 1st of each year. The City will present the findings at Planning Commission and City Council and submit the report to the California Office of Planning and Research and the California Department of Housing and Community Development.

Program 6.13: Identify Barriers to Submittal of Building Permits for Residential Housing The City of Waterford shall track the time between a residential development reviewing approval for a housing development and submittal of a building permit for that housing development. The City will identify areas to shorten the length of time and if appropriate, modify City standards and requirements.

Yearly, Ongoing
This program is ongoing. The City will, as development applications are approved and building permits are submitted, track the time between approval and building permit submittal.

Program 7.1: Weatherization and Energy Conservation for Existing Dwelling Units The City shall continue to post and distribute information on currently available weatherization and energy conservation programs in conjunction with housing rehabilitation. Provide information at City Hall on Modesto Irrigation District weatherization and energy assistance programs.

Ongoing
This program is ongoing. The City will maintain information related to weatherization and energy conservation programs in conjunction with housing rehabilitation.

Program 7.2: Energy Conservation for New Construction
The City shall enforce State requirements, including Title 24 requirements, for energy conservation in new residential projects and encourage residential developers to employ additional energy conservation measures with respect to the siding of buildings, landscaping, and solar access. Any landscaping and development design guidelines by the City will include consideration of energy and resource conservation.

Ongoing This program is ongoing. The City will enforce Title 24 requirements as Building Permit applications are received and reviewed.

Program 8.1: Task Force to Determine the Effectiveness of Existing Programs The City will support the County establishment of an inter-agency task force to determine the effectiveness of existing programs in complying with Federal equal opportunity objectives and will request that the task force include City representation.

Ongoing
This program is ongoing. The City will support Stanislaus County in the establishment of an inter-agency task force to determine the effectiveness of existing programs in complying with the Federal equal opportunity objectives.

Program 8.2:

Discrimination Complaints
The City of Waterford will direct residents with discrimination complaints to the State Department of Fair Employment and Housing or the County Department of Weights, Measures, and Consumer Protection Affairs. Information to direct residents to State and County resources shall be made available on the City's website, posted at City Hall and the Waterford Library.

Ongoing, post on website and locations above by December 2016 This program is ongoing. The City maintains information at City Hall on State and County resources.

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 8 9
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
0 0 0 0 0 2 75 77
080-073-033 12082 Edgewood Street Edgewater 1 2/22/2021 1 080-073-006 12051 Reid Court Edgewater 1 4/14/2021 1
080-073-030 12052 Reid Court Edgewater 1 4/14/2021 1
080-073-005 12081 Edgewood Street Edgewater 1 4/14/2021 1 080-073-001 12097 Edgewood Street Edgewater 1 4/14/2021 1 080-073-032 12078 Edgewood Street Edgewater 1 4/14/2021 1 080-073-031 12074 Edgewood Street Edgewater 1 4/14/2021 1 080-073-024 12028 Reid Court Edgewater 1 5/18/2021 1
080-073-011 12031 Reid Court Edgewater 1 5/18/2021 1
080-073-013 12023 Reid Court Edgewater 1 5/18/2021 1
080-073-020 12012 Reid Court Edgewater 1 5/18/2021 1
080-073-008 12043 Reid Court Edgewater 1 5/18/2021 1
080-073-007 12047 Reid Court Edgewater 1 5/18/2021 1
080-073-023 12024 Reid Court Edgewater 1 5/18/2021 1
080-073-022 12020 Reid Court Edgewater 1 5/18/2021 1
080-073-029 12048 Reid Court Edgewater 1 5/18/2021 1
080-073-021 12016 Reid Court Edgewater 1 5/18/2021 1
080-073-028 12044 Reid Court Edgewater 1 5/18/2021 1
080-073-014 12019 Reid Court Edgewater 1 5/18/2021 1
080-073-027 12040 Reid Court Edgewater 1 5/18/2021 1
080-073-009 12039 Reid Court Edgewater 1 5/18/2021 1
080-073-025 12032 Reid Court Edgewater 1 5/18/2021 1
080-073-010 12035 Reid Court Edgewater 1 5/18/2021 1
080-073-012 12027 Reid Court Edgewater 1 5/18/2021 1
080-073-026 12036 Reid Court Edgewater 1 5/18/2021 1
080-072-029 413 Stein Way Edgewater 1 7/23/2021 1
080-073-019 12008 Reid Court Edgewater 1 7/23/2021 1
080-072-024 12084 Royal Court Edgewater 1 7/23/2021 1
080-072-028 409 Stein Way Edgewater 1 7/23/2021 1
080-073-018 12004 Reid Court Edgewater 1 7/23/2021 1
080-073-016 12011 Reid Court Edgewater 1 7/23/2021 1
080-072-027 405 Stein Way Edgewater 1 7/23/2021 1
080-073-017 12007 Reid Court Edgewater 1 7/23/2021 1
080-073-026 401 Stein Way Edgewater 1 7/23/2021 1
080-073-015 12015 Reid Court Edgewater 1 7/23/2021 1
080-072-025 12080 Royal Court Edgewater 1 7/23/2021 1
080-072-016 12081 Royal Court Edgewater 1 7/23/2021 1
080-072-030 417 Stein Way Edgewater 1 8/25/2021 1
080-072-017 12085 Royal Court Edgewater 1 8/25/2021 1
080-072-018 12089 Royal Court Edgewater 1 8/25/2021 1
080-072-023 12088 Royal Court Edgewater 1 8/25/2021 1
7 Project Identifier Affordability by Household Incomes - Building Permits 080-072-022 12092 Royal Court Edgewater
1 8/25/20211
080-072-032 425 Stein Way Edgewater1 8/25/20211
080-072-031 421 Stein Way Edgewater1 8/25/20211
080-072-034 433 Stein Way Edgewater1 8/25/20211
080-072-009 12093 Royal Court Edgewater1 8/25/20211
080-072-035 437 Stein Way Edgewater1 10/13/20211
080-072-015 12080 Grand Court Edgewater1 10/13/20211
080-072-021 12096 Royal Court Edgewater1 10/1/20211
080-072-020 12097 Royal Court Edgewater1 10/1/20211
080-072-007 12085 Grand Court Edgewater1 10/13/20211
080-072-014 12084 Grand Court Edgewater1 10/13/20211
080-072-013 12088 Grand Court Edgewater1 10/13/20211
080-072-033 429 Stein Way Edgewater1 10/1/20211
080-072-006 12081 Grand Court Edgewater1 10/13/20211
080-072-036 441 Stein Way Edgewater1 11/4/20211
080-072-011 12096 Grand Court Edgewater1 11/4/20211
080-072-012 12092 Grand Court Edgewater1 11/4/20211
080-072-008 12089 Grand Court Edgewater1 11/4/20211
080-072-005 12080 Kadota Avenue Edgewater1 11/12/20211
080-072-002 12092 Kadota Avenue Edgewater1 11/12/20211
080-072-003 12088 Kadota Avenue Edgewater1 11/12/20211
080-072-010 12097 Grand Court Edgewater1 11/4/20211
080-072-004 12084 Kadota Avenue Edgewater1 11/12/20211
080-072-001 12096 Kadota Avenue Edgewater1 11/12/20211
080-072-009 12093 Grand Court Edgewater1 11/4/20211
080-072-037 445 Stein Way Edgewater1 11/12/20211
080-073-002 12093 Edgewood Street Edgewater1 12/10/20211 080-073-034 12086 Edgewood Street Edgewater1 12/10/20211 080-072-039 453 Stein Way Edgewater1 12/10/20211
080-073-035 12090 Edgewood Street Edgewater1 12/10/20211 080-073-036 12094 Edgewood Street Edgewater1 12/10/20211 080-073-004 12085 Edgewood Street Edgewater1 12/10/20211 080-072-038 449 Stein Way Edgewater1 12/10/20211
080-073-003 12089 Edgewood Street Edgewater1 12/10/20211 080-055-002 12212 Pecan Avenue1 7/15/2021
1 080-033-037 13707 Yosemite Blvd.1 2/22/202110000000000000000000000

WATERFORD PLANNING COMMISSION
RESOLUTION NO. 2022-02

A RESOLUTION OF THE CITY OF WATERFORD

PLANNING COMMISSION RECOMMENDING THE CITY

COUNCIL RECEIVE AND ACCEPT THE HOUSING

ELEMENT ANNUAL PROGRESS REPORT FOR
CALENDAR YEAR 2021 AND AUTHORIZE STAFF TO
SUBMIT THE REPORT TO THE GOVERNOR’S OFFICE

OF PLANNING AND RESEARCH AND THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT
WHEREAS, California Government Code Section 65400(2), requires the planning agency to provide an annual report to the City Council, the Governor’s Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD) regarding progress toward implementing the housing element of the general plan; and WHEREAS, planning staff has prepared an annual progress report for the calendar year 2021, utilizing the prescribed forms and instructions provided by HCD; and WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.

NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Waterford based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby recommend the City Council receive and accept the annual progress report on the Housing Element, attached and incorporated by reference herein, and authorize staff to forward the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400(2).

DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E The foregoing Resolution was passed and adopted by the Planning Commission of the City of Waterford, Stanislaus County, at a meeting held on February 24, 2022, moved for adoption by Commissioner Barnes and duly seconded by Commissioner Esther; passed by the following roll call vote:

AYES:Rivers, Esther, Barnes, O’Neal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
_______________________________ _____________________________ Brandon Rivers, Chairman Marissa Martinez, Secretary
DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E Consent Item 3e
March 17, 2022
Tina Envia, Finance Manager
City Council Staff Report
Motion: Accepting the Treasurer’s Report for the Quarter Ended December 31, 2021.

SUMMARY:

Accept the Treasurer’s Report for the Quarter that ended December 31, 2021. The report is provided for informational purposes to keep the City Council informed as to the nature of the City’s investments and cash position.

ANALYSIS:

The City Treasurer is required to report quarterly to the City Council on the status of the cash and investments held by the City of Waterford. Attached is the report for the quarter ended December 31, 2021. Total cash and investments held by the City at December 31, 2021 totaled $8,019,993. The attached report details these amounts by account and Fund. The current investments held by the City of Waterford are in compliance with the Investment Policy and the City has sufficient cash flow to meet the City’s expected expenditures for the next six months.

FISCAL IMPACT:

The report is a disclosure of the cash and investments balance as of December 31, 2021.

ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Do not accept the Treasurer’s Report. This is not recommended, as Section 53646 of the California Government Code states the Treasurer or Chief Fiscal Officer shall render a report to the City Council and City Manager, at least quarterly, detailing information on all securities, investments and moneys of the City.

2. Provide direction to Staff.

3. Accept the Treasurers Report as presented.

ATTACHMENTS:
• Treasurer’s Quarterly Report for the quarter ended December 31, 2021 Prepared By: Tina Envia
Finance Manager PORTFOLIO Interest Earned Current Prior Quarter FINANCIAL INSTITUTION YIELD PERCENT for the Quarter Balance Balance Bank of the West - Checking 0.00% 64.53% $ - $ 5,175,620 $ 5,044,138Bank of the West - Payroll 0.00% 0.01% $ - $ 862 $ 791Chandler Asset ManagementCSJVRMA Investment Pool 1.62% 21.27% $ 5,031 $ 1,705,685 $ 1,700,654State of California - LAIF Funds (PFA) 0.22% 0.90% $ 44 $ 71,986 $ 71,942State of California - LAIF Funds (City) 0.22% 3.14% $ 153 $ 251,717 $ 251,564Investments - Bank of the West SEE DETAIL 10.15% $ 2,415 $ 814,123 $ 811,708TOTAL FOR THE CITY OF WATERFORD 100% $ 7,643 $ 8,019,993 $ 7,880,797The current investments held by the City of Waterford are in compliance with the InvestmentPolicy and the City has sufficient cash flow to meet the City's expected expenditures for thenext six months. The current balance represents the market value of the investments for all accounts except for the Investments - Bank of the West which are reflected at cost. Supplemental information is provided concerning the market value of that account.

TREASURER'S QUARTERLY REPORT
December 31, 2021
City of Waterford
Detail Listing of Investments Bank of the West
December 31, 2021
Investment Purchase Date Market Maturity Call Interest Estimated Investment CUSIP Type Par Value Price Purchased Value Date Date Rate YieldApple Inc. Fixed Rate 2.7% 037833-BF-6 Corporate Bonds 100,000.00 92,690 9/1/2017 89,762 5/13/2022 2.70% 2.65%Microsoft Fixed Rate 2.375% 594918AT1 Corporate Bonds 100,000.00 102,281 9/1/2017 102,126 5/1/2023 2.38% 2.30%Chevron Corp Fixed Rate 2.895% 166764-BT-6 Corporate Bonds 100,000.00 103,525 9/1/2017 103,885 3/3/2024 2.90% 2.74% Total Investments - Book Value 298,496 295,773Money Market Account 515,627 515,627 814,123 811,400
City of Waterford
Cash Balance By Fund
Treasurers Report 12-31-2021
Fund Fund General/Investments Payroll Laif
Number Description Balance Balance WPFA Total
1010 General Fund 3,184,744 862 3,185,606
2005 Special Business Pilot Program 128,157 128,157
2010 Abandoned Vehicle Abatement (3) (5,135) (5,135)
2030 CDBG Rehab Grant 0 0
2050 Gas Tax 144,698 144,698
2060 Housing Rehab Loans 0 0
2070 HCD Home Program 344,043 344,043
2080 CDBG Consortium 25,879 25,879
2091 Impact Fee Admin/Planning 38,315 38,315
2092 Impact Fee City Facilities 60,111 60,111
2093 Impact Fee Water 464,814 464,814
2100 Impact Fees Due to County 216,920 216,920
2110 Impact Fee Drainage 5,845 5,845
2121 Impact Fee Sewer Collection 39,340 39,340
2131 Impact Fee Parks and Rec 380,438 380,438
2151 Impact Fee Police 32,489 32,489
2170 Impact Fee Public Works 0 0
2171 Impact Fee Traffic 811,881 811,881
2191 Impact Fee Wastewater 370,312 370,312
2210 Lighting Landscaping District (1) (1,813) (1,813)
2230 Lighting District 65,427 65,427
2240 CFD 2019-1 (1) (2,280) (2,280)
2270 Local Transportation Fund 8,041 8,041
2330 RDA Obligation Retirement Fund (1) (51,186) (51,186) 4350 Wastewater Improvements (2) (263,072) (263,072)
5050 Wastewater Treatment Plant 294,067 294,067
5070 Riverpoint Water System 56,753 56,753
5071 Waterford Water System 538,569 538,569
5072 Hickman Water System 62,347 62,347
5075 Waterford Water CIP 767,110 767,110
5076 Hickman Water CIP 41,467 41,467
5090 Waterford Public Financing Authority 276,623 71,986 348,609 6310 CIP Streets (3) (236,126) (236,126)
6320 CIP Streets Measure L 143,367 143,367
6580 CIP Parks 5,000 5,000
$ 7,947,145 $ 862 $ 71,986 $ 8,019,993
From Summary: $ 8,019,993
Difference - $
(1) Revenues will come in January of 2022 with the property tax allocations from Stanislaus County.
(2) Operations will offset shortfalls in CIP reserves.
(3) Grant funds are pending to cover the deficit.

Public Hearing Item 5a
March 17, 2022
Mark Niskanen, Planning Manager
City Council Staff Report
Ordinance: Introduction and First Reading of Ordinance No. 2022-01 to Amend the Waterford Municipal Code Relating to Commercial Land Uses.

SUMMARY:

Introduction and First Reading of Ordinance No. 2022-01 consists of a Code Text Amendment to the Waterford Municipal Code (WMC). The proposed Ordinance amends the WMC Title 17, Zoning, Chapter 17.04, Section 17.04.050 entitled “Commercial use classifications” to include the new Subsection EE and amend the Land Use Table. Subsection EE makes “Self-Storage Facility” a conditional use in the Commercial Highway Zoning District.

BACKGROUND:

On August 21, 2021, the applicant, Mr. Harvey Galving, submitted a Conditional Use Permit (CUP) and Code Text Amendment for the development of a Self-Storage Facility located on E Street (APN:
080-035-008).

The project involves the construction of a 21,000 square foot self-storage facility composed of ten (10) metal buildings and a 684 square foot one (1) story office and caretaker building. The buildings have a uniform color palette consisting of beige, white, grey, dark blue, and black and uniform materials including corrugated aluminum siding, metal rooming, and stucco walls.

The storage area offers several different product sizes such as ten by ten (10 x 10) foot units, ten by five (10 x 5) foot units, ten by fifteen (10 x 15) foot units, and ten by twenty-five (10 x 25) foot units.

The storage buildings are all metal, ten (10) feet tall, and vary in length.

The office building includes a waiting area, restroom, reception, kitchen, a 141.5 square foot office, and a 141.4 square foot bedroom for a caretaker. The office building is fifteen and a half (15.5) feet tall at its tallest, twenty-four (24) feet in width, and twenty-six and a half (26.5) feet in length. Building elevations include vinyl windows, articulation features such as joints, and a stucco wall. Entrance to the building will occur at the west elevation via a single door. The hours of office operation will be 8:00 a.m. to 5:00 p.m.

The Code Text Amendment is required to add the “Self-Storage Facility” use in the City’s Zoning Code and Use Table as a Conditional Use in the CH, Commercial Highway Zoning District.

ANALYSIS
Proposed Amendments to the WMC:
• Amend Chapter 17.04, Section 17.04.050 entitled “Commercial use classifications” to include “Self-Storage Facilities” as a commercial use classification defined as follows:

EE. Self-Storage Facility. Any real property designed and used for the purposes of renting or leasing individual storage spaces to tenants who are to have access to such space for the purpose of storing and removing personal property. • Amend Chapter 17.24, Section 17.24.030 entitled “CC, CH, CG and CR districts – Use table to add the use “Self-Storage Facilities” as a conditional use in the CH, Commercial Highway Zoning District:

Use Classifications* CC (D) CH (D) CG CR Additional
Regulations
Produce markets AU P P P (C) (U)
Produce stand AU P P P (C) (U)
Retail sales P P P P
Secondhand appliances/clothing AU P P – (U)
Self-Storage Facility – U – –
The Self-Storage Facility use would continue to be prohibited in the CC, Central Commercial, CG, General Commercial, and CR, Regional Commercial Zoning Districts. The CC and CG Zoning Districts are primarily located in the downtown/central area of the City and generally, the properties are designed for more mixed-use and neighborhood commercial oriented uses (e.g., retail uses in the downtown setting).

Planning Commission
On February 24, 2022 the Waterford Planning Commission held a noticed special meeting to consider Conditional Use Permit No. 2021-01 (CUP 2021-01) and Code Text Amendment No. 2021- 01 (CTA 2021-01). Upon deliberation, the Planning Commission, by a vote of 3-0, adopted Resolution No. 2022-03, approving the Waterford Self Storage Project (CUP 2021-01). Pursuant to Condition of Approval No. 4 (Project Authorization), approval of CUP 2021-01 shall become valid only when the associated Code Text Amendment (CTA 2021-01) is approved and in effect.

The Planning Commission also adopted Resolution No. 2022-04 recommending to the City Council the approval of an ordinance amending Chapter 17, Section 17.04.050 entitled “Commercial Use Classification” and Chapter 17.24. Section 17.24.030 of the City of Waterford Municipal Code (CTA 2021-01). The resolution is attached to this staff report as Attachment B.

FISCAL IMPACT:

Staff time and resources have been utilized for the processing of this application. However, the applicant has paid the applicable application fees for this Code Text Amendment.

ENVIRONMENTAL REVIEW:

The proposed code text amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), under the “Common Sense Exemption” that CEQA applies only to projects which have the potential for causing a significant effect on the environment. There is no possibility that the proposed zoning amendments in question may have a significant effect on the environment.

PUBLIC NOTICE:

In accordance with the City’s Municipal Code, a Public Notice was published in The Modesto Bee on March 4, 2022.

ORDINANCE PROCESS:

Ordinance 2020-01 is before the City Council for a public hearing to consider approving the Introduction and First Reading by title only. A summary of the Ordinance will be published in the Waterford News and will come back to the City Council as a public hearing item at the next council meeting to consider the Second Reading by title and Adoption. After adoption, an Ordinance Summary will be published in the Waterford News and will become effective and in full force on and after thirty (30) days of its passage and adoption.

ATTACHMENTS:

A: City Council Ordinance No. 2022-01
B: Planning Commission Resolution No. 2022-04
C: Notice of Public Hearing
D: Publishing Confirmation
ORDINANCE 2022-01
ORDINANCE No. 2022-01

AN ORDINANCE OF THE CITY OF WATERFORD CITY COUNCIL AMENDING CHAPTER

17.04, SECTION 17.04.050 ENTITLED “COMMERCIAL USE CLASSIFICATIONS” AND CHAPTER 17.24, SECTION 17.24.030 OF THE CITY OF WATERFORD MUNICIPAL CODE (CTA 2021-01)
WHEREAS, Self-Storage Facilities is not a defined use in Chapter 17, Section 17.04.050 Entitled “Commercial Use Classifications” on the City of Waterford Municipal Code; and WHEREAS, the Planning Commission has reviewed the proposed Code Text Amendment No. 2021-01, and conducted a public hearing on February 24, 2022; and WHEREAS, the Planning Commission has determined that “Self-Storage Facilities” should be a conditionally allowed use within the Commercial Highway zoning district; and WHEREAS, the City of Waterford Planning Commission adopted Resolution No. 2022-04 on February 24, 2022, recommending to City Council to adopt Ordinance No. 2022-01, amending the City of Waterford Municipal Code; and
WHEREAS, the City Council for the City of Waterford has made the following findings for adoption.

1. Pursuant to California Government Code Section 65854, the recommendation to City Council shall include the relationship to the applicable general or specific plan. a. Ordinance No. 2022-01 is compatible with the General Plan and each of its elements. Specifically, Ordinance No. 2022-01 is compatible with the following Goals and Policies of the General Plan:
i. Policy L-1.1 – Promote balanced development which provides jobs, services, and housing.
ii. Policy L-2.1 – Encourage development of appropriate commercial and industrial uses throughout the City.
iii. Policy UD-1 – Promote urban continuity & connection. b. Ordinance No. 2022-01 is compatible with the uses authorized in, and the regulations prescribed for, the land use districts for which it is proposed and with the regulations for each land use district.

ORDINANCE 2022-01
c. The City finds and determines with certainty that the amendments described in Ordinance No. 2022-01 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), which is the “common sense exemption” that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
d. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The Planning Commission of the City of Waterford hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

WHEREAS, a public hearing was held on March 17, 2022 and all comments were heard and considered by the City Council.

NOW, THEREFORE, THE CITY COUNCIL CITY OF WATERFORD, COUNTY OF STANISLAUS, STATE OF CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

Stricken through text represents deletions to the Waterford Municipal Code, and underlined text represents additions to the Waterford Municipal Code.

Chapter 17.04, Section 17.04.050 entitled “Commercial use classifications” is hereby amended as follows:
[…]

17.04.050 Commercial use classifications.

A. Live/Work Quarters. An area comprised of one or more rooms or floors in a building originally designed for industrial or commercial occupancy that includes cooking space and sanitary facilities and working space for artists, artisans and similarly situated individuals.

B. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.

C. Animal Sales and Services.

ORDINANCE 2022-01

1. Animal Boarding and Kennels. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty-eight hours.

3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (thirty days) boarding of animals is included if incidental to the hospital use.

4. Animals—Retail Sales and Pet Stores. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of forty-eight hours.

D. Artists’ Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.

E. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money.

With Drive-up Service. Institutions providing services accessible to persons who remain in automobiles.

F. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors’ yards, but excludes retail sales of paint and hardware, except as an accessory use to a lumber yard, and activities classified under “vehicle/equipment sales and services.”
G. Cannabis Delivery Business. Any cannabis business that, pursuant to a Type 10 state cannabis license, or its successors, delivers, makes available, or distributes cannabis and cannabis products to a consumer.

H. Cannabis Dispensary. Any cannabis business where medicinal or adult-use cannabis or cannabis products are sold at retail, pursuant to a Type 10 state cannabis license, or its successors. A cannabis dispensary includes a cannabis business that provides cannabis deliveries.

I. Cannabis Testing Laboratory. A cannabis business that tests cannabis or cannabis products pursuant to a Type 8 state cannabis license, or its successors.

ORDINANCE 2022-01
J. Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also “eating and drinking establishments.”)
K. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year.

L. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers having three or more coin-operated game machines, card rooms, subject to the regulation of Chapter 5.20, and facilities used exclusively for bingo games, as regulated by Chapter 5.24.

1. Game center, billiard parlor.

2. Limited. Indoor movie theaters and performing arts theaters.

M. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding “Utilities (major).” This classification includes radio, television, or recording studios; telephone switching centers; and telegraph offices.

N. Conference and Meeting Facilities. Facilities providing indoor and/or outdoor event space for conferences, meetings, weddings, banquets, luncheons or similar events on a commercial basis.

O. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises.

1. With Wine and Beer Service. Alcoholic beverages served are limited to wine and beer.

2. With full alcoholic beverage service.

3. With Live Entertainment. Establishments offering live entertainment, as defined in Chapters 5.16 and 5.38.

4. With Take-Out Service. Establishments at which twenty percent or more of the transactions are sales for off-site consumption, and which serve or deliver prepared food to persons in vehicles or have more than two work stations at which employees package or service prepared food and receive payment.
a. Drive-Up. Service from a building to persons in vehicles through an outdoor service window.

ORDINANCE 2022-01
b. Limited. Establishments that do not serve persons in vehicles.

5. Truck Stop. A facility geared primarily to providing services for truckers, including on-site fueling, repair and servicing of freight trucks; restaurant facilities; restrooms; towing services; overnight accommodations and related services.

P. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens.

Establishments at which twenty percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as “catering services” or “eating and drinking establishments.”
Q. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries.

R. Laboratories. Establishments providing medical or dental laboratory services or establishments with less than two thousand square feet providing photographic, analytical, or testing services. Other laboratories are classified as “limited industry.” S. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, bicycle repair or building maintenance services. This classification excludes maintenance and repair of vehicles (see “vehicle/equipment repair”) or boats or ships (see “marine sales and services”).

T. Boat and Associated Water Sports Sales and Services. Establishments providing supplies and equipment for shipping or related services, or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts.

U. Nurseries. Establishments in which all merchandise other than plants is kept within an encased building or fully screened enclosure, and fertilizer of any type is stored and sold in package form only.

V. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, real estate, insurance, investment, legal, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, and pharmacies, eyeglass shops, and similar prescription-dispensing services as an accessory to a medical office complex, but excludes banks and savings and loan associations.

W. Pawn Shops. Establishments engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property.

X. Personal Improvement Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers.

ORDINANCE 2022-01
Y. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry cleaning agencies (excluding plants), and self-service laundries.

Z. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing or medical testing and analysis.

AA. Produce Stand. Are temporary produce sales locations that do not have continuous sales of more than thirty days during any three-month period of time and all produce sold at the site are agricultural products grown on the site where the sale is occurring. The sales area, access and parking, does not create a public nuisance or create a potential traffic hazard.

BB. Produce Market. Are commercial produce sales enterprises which are principally carried out within a building but may include outdoor sales/display areas and are conducted principally within C districts and the AG zone and may involve the sales of some agricultural products that are not grown and produced on the site.

CC. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, and furniture stores and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation).

DD. Secondhand Appliance and Clothing Sales. The retail sale of used appliances and clothing carried on entirely within a building and not displayed or merchandised outside of building or enclosure and not visible from any public right-of-way. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances.

EE. Self-Storage Facility. Any real property designed and used for the purposes of renting or leasing individual storage spaces to tenants who are to have access to such space for the purpose of storing and removing personal property.

FFEE. Swap Meets, Recurring. Retail sale or exchange of new, handcrafted, or secondhand merchandise for a maximum period of forty-eight hours, conducted by a sponsor on a more than twice yearly basis.

GGFF. Vehicle/Equipment Sales and Services.

ORDINANCE 2022-01

1. Automobile Rentals. Rental of automobiles, taxicab services, and limousine services, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts.

2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.

3. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts and accessories. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of heavy trucks or vehicles.

4. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, auto detailing shops, body and fender shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire re-treading or recapping.

5. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, and similar equipment, including storage and incidental maintenance.

6. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-a-ways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling.

HHGG. Visitor Accommodations.

1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis typically in a converted single-family or multifamily dwelling, with incidental eating and drinking service, for lodgers only, provided from a single kitchen.

2. Hotels and Motels. Establishments offering lodging on a less than weekly basis, and having kitchens in no more than sixty percent of guest units. This classification includes eating, drinking, and banquet service.

3. Boarding or Rooming House. Establishments where people live a more or less transient state but meals are served or limited kitchen facilities are present in the facility.

4. Campground. Public recreation facilities operated in conjunction with Tuolumne River and lake recreation facilities.

ORDINANCE 2022-01
IIHH. Wholesales Distribution. Selling of wholesale to retail establishments exclusively. No general public sales.

JJII. Wholesale Retail Stores. Selling of wholesale and retail goods to the general public. (Ord. 2019-08 §2; Ord. 2011-02 §1).

Chapter 17.24, Section 17.24.030 entitled “CC, CH, CG and CR districts – Use Table.” Is hereby amended as follows:

Schedule 24-1 CC, CH, CG & CR Districts Use Tables (see Ch. 17.04, Use Classifications) Note: — means not permitted
Use Classifications* CC
(D)
CH (D) CG CR Additional
Regulations
Residential Use
Classifications (see
§17.04.030)
(D) (L) (M) (R) (W)
Group residential – U U –
Live/work quarters P P AU AU
Multifamily residential L
1 L1 – L1
Residential care limited – – – P
Single-family residential L
10 L10 L10 L10
Public and Semipublic Use
Classifications (see
§17.04.040)
(D) (L) (M) (Q) (V)
Clubs and lodges AU AU P P
Cultural institutions P P P P
Day care (general) L
7 L7 – L7
Government offices P P P P
Hospitals – U U U
Park and recreation facilities AU AU AU P (B)
Public safety facilities AU AU AU AU
Religious assembly AU L
9 U U (K)
Schools, public or private U AU – – (I)
Waste facility U U U U (I)
Utilities (minor) P P P P
Commercial Use
Classifications (see
(L) (M) (Q) (V)
ORDINANCE 2022-01
§17.04.050)
Ambulance services – L
6 P L6
Animal sales and services L
8 L8 L8 L8
Animal boarding – AU AU –
Animal grooming AU AU P AU
Animal hospitals – P P –
Animals—Retail sales L
8 L8 L8 L8
Artists’ studios L
5 L5 — L5
Banks and savings and loans
with drive-up service

AU AU L
11 AU
Building materials and services – AU P AU (U)
Cannabis dispensary U16 U16 U16 U16
Cannabis testing laboratory U16 U16 U16 U16
Catering services P P P P
Commercial filming AU AU AU AU
Commercial recreation and
entertainment
L
9 L9 L9 L9
Use Classifications* CC
(D)
CH (D) CG CR Additional
Regulations
Game center, billiard parlor L
15 P — L15 (B)
Conference and meeting
facilities
L
13 L14 — L14
Eating and drinking
establishments

P P P P (E)
With wine and beer service AU P P AU (E)
With full alcoholic beverage
service

U U U U (I)
With live entertainment U U U U (I)
With take-out service AU P P P (E) (O)
Drive-up U P P P (E) (I)
Truck stop – U – U (P)
Food and beverage sales L
2 – L2 L2
(F)
Funeral and interment services L
4 L3 L4 –
Photography studio & photo
equipment/supply

P P P P
Laboratories – P P AU
ORDINANCE 2022-01
Maintenance and repair services – L
12 L12 – (U)
Boat sales and services – P P P (F) (U)
Nurseries (plant material) AU P P P
Offices, business and
professional

P P P P
Pawn shops P P P –
Personal improvement services P P P P
Personal services P P P P
Research and development
services

AU AU P AU (R)
Produce markets AU P P P (C) (U)
Produce stand AU P P P (C) (U)
Retail sales P P P P
Secondhand appliances/clothing AU P P – (U)
Self-Storage Facility – U – –
Vehicle/equipment sales &
services
– AU AU AU (F) (U)
Automobile rentals AU P P P (F) (U)
Automobile washing – AU P AU
Service stations U AU U AU (F) (I) (P)
Vehicle/equipment repair – AU P AU (F) (U)
Vehicle/equipment sales and
rentals
– AU P AU (U)
Visitor accommodations
(general)
P P – P (I) (H)
Bed and breakfast inns P P – P (I) (H)
Hotels and motels P P – P (I) (H)
Temporary Use
Classifications (see
§17.04.090)
(D) (L) (M) (R)
Animal shows T T T T
Christmas tree sales T T T T
Circuses and carnivals T T T T
Mobile food service T T T – (A)
Use Classifications* CC
(D)
CH (D) CG CR Additional
Regulations
ORDINANCE 2022-01
Swap meets – T T T
Commercial filming (limited) T T T T
Accessory Use
Classifications (see
§17.04.080)
(D) (L) (M) (R)
Wireless communications P P P P (S)
Alternative energy P P P P (T)
Retail sales, outdoor AU AU AU AU
* See indicated code section with respect to use classification. Uses indicated are a subset of the uses that may occur in this district. Other uses, which are not listed below, may be approved subject to AU procedures provided that they are similar to the indicated uses with respect to impacts on surrounding uses and the stated purpose and intent of commercial “C” district (Sections 17.20.010 and 17.20.020).
1 Not permitted on ground level.
2 A use permit is required for establishments occupying more than one thousand five hundred square feet and for convenience markets. Except as provided below, convenience markets shall not be located within five hundred feet of a site occupied by a public or private school, park or recreational facilities, and no exterior vending machines shall be permitted. A convenience market may be located within five hundred feet of a site occupied by park or recreational facilities if the proposed convenience market is within five hundred feet of an existing retail food and beverage sales establishment. Convenience markets may be operated only between the hours of six a.m. and ten p.m. Longer hours are permitted only if they would not have an adverse effect on neighborhood uses. 3 Only mortuaries allowed, subject to a use permit.
4 Only mortuaries allowed.
5 Planning director administrative permit required only for dance and music studios. If the following conditions are met, the planning director may waive the use permit requirement and approve the use subject to the following:
a. The proposed use is located in an existing structure which is completely enclosed and soundproofed, or is located at least three hundred feet away from the property line of the nearest residential use;
b. The proposed use will not operate prior to seven a.m. Monday through Saturday, or prior to eight a.m. Sunday, or after ten p.m. any day of the week. 6 No repair services are permitted, and an administrative use permit is required. 7 Planning commission use permit required, except that the planning director may approve use permits for large family day care homes caring for seven to twelve children, as defined in Chapter 3.4 of the California Health and Safety Code. 8 Administrative use permit may be issued if the following conditions are met:
a. The proposed use is located in an existing structure which is entirely enclosed, and no outside facilities are proposed.
b. For animal hospitals, or where boarding or overnight care facilities are proposed, the use is located in a soundproofed and air-conditioned facility. 9 Administrative use permit required for facilities holding outdoor events or activities. 10 RS and RM residential uses established prior to June 1, 2011, are allowed to continue to be used as residential units as provided under Chapter 17.63 (Non-Conforming Uses and Structures). New RS- and RM-type residential units created after that date are not permitted. 11 Only automatic teller machines allowed.
12 Use permit required only for equipment rentals and retail sales.

ORDINANCE 2022-01
13 Permitted as a secondary use in a building, occupying no more than two thousand five hundred square feet of the building floor area.
14 Permitted as a secondary use in a building occupying no more than two thousand five hundred square feet of the building area. A use permit is required for secondary uses occupying building areas of two thousand five hundred and one to five thousand square feet, or where the use is the primary use of a building. 15 Only game centers with five or fewer games permitted; also see Section 17.40.260, Game centers.
16 Also see Chapter 8.34, Cannabis Regulations.
(Ord. 2019-08 §4; Ord. 2011-02 §1).

ORDINANCE 2022-01
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Waterford this 17 h day of March, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF WATERFORD
_______________________
JOSE ALDACO, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
PATRICIA KRAUS CORBETT J. BROWNING
City Clerk City Attorney

WATERFORD PLANNING COMMISSION
RESOLUTION NO. 2022-04

A RESOLUTION OF THE WATERFORD PLANNING COMMISSION

RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF AN ORDINANCE AMENDING CHAPTER 17, SECTION 17.04.050 ENTITLED “COMMERCIAL USE CLASSIFICATIONS” AND CHAPTER 17.24, SECTION 17.24.030 OF THE CITY OF

WATERFORD MUNICIPAL CODE
(CTA 2021-01)
WHEREAS, Self-Storage Facilities is not a defined use in Chapter 17, Section 17.04.050 Entitled “Commercial Use Classifications” on the City of Waterford Municipal Code; and WHEREAS, the Planning Commission has determined that “Self-Storage Facilities” should be a conditionally allowed use within the Commercial Highway zoning district; and WHEREAS, the Planning Commission has reviewed the proposed Code Text Amendment No. 2021-01, and conducted a public hearing on February 24, 2022; and WHEREAS, all other legal pre-requisites to the adoption of this Resolution have occurred.

NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Waterford hereby recommend to the City Council approval of the proposed Ordinance, as attached hereto as Exhibit A to this Resolution based on the following findings:

1. Pursuant to California Government Code Section 65854, the recommendation to City Council shall included the relationship to the applicable general or specific plan. a. The proposed Ordinance is compatible with the General Plan and each of its elements and the following Goals and Policies of the General Plan:
i. L-2.1 Encourage development of appropriate commercial and industrial uses throughout the City.
ii. L-2.2 Locate new or expanded industrial/business parks in appropriate areas.
iii. L-2.4 Provide a range of services adjacent to and within industrial/business park areas to reduce auto trips.
b. The proposed Ordinance is compatible with the uses authorized in, and the regulations prescribed for, the land use districts for which it is proposed and with the regulations for each land use district.

2. That based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby Approve Conditional Use Permit No. 2021-01 subject to the Conditions of Approval presented in Exhibit B, attached, and incorporated by reference herein.

DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E

3. The Planning Commission finds that Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA Review under the provision of Section 15061 (Class 32 – In-Fill Development Projects) (b)(3), the activity is covered under the general rule that CEQA applies to only projects which have the potential for causing a significant effect on the environment.

4. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

The foregoing Resolution was passed and adopted by the Planning Commission of the City of Waterford, Stanislaus County, at a regular meeting thereof held February 24, 2022, and moved for adoption by Commissioner Barnes and duly seconded by Commissioner Esther; passed by the following roll call vote:

AYES:Rivers, Esther, Barnes, O’Neal
NOES:None
ABSENT: None
ABSTAIN: None
ATTEST:
___________________________ _________________________________ Brandon Rivers, Chairman Marissa Martinez, Planning Secretary DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E Exhibit A
Code Text Amendment No. 2021-01
Stricken through text represents deletions to the Waterford Municipal Code, and underlined text represents additions to the Waterford Municipal Code.

Chapter 17.04, Section 17.04.050 entitled “Commercial use classifications” is hereby amended as follows:
[…]

17.04.050 Commercial use classifications.

A. Live/Work Quarters. An area comprised of one or more rooms or floors in a building originally designed for industrial or commercial occupancy that includes cooking space and sanitary facilities and working space for artists, artisans and similarly situated individuals.

B. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.

C. Animal Sales and Services.

1. Animal Boarding and Kennels. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty-eight hours.

3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (thirty days) boarding of animals is included if incidental to the hospital use.

4. Animals—Retail Sales and Pet Stores. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of forty-eight hours.

D. Artists’ Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.

DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E E. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money.

With Drive-up Service. Institutions providing services accessible to persons who remain in automobiles.

F. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors’ yards, but excludes retail sales of paint and hardware, except as an accessory use to a lumber yard, and activities classified under “vehicle/equipment sales and services.”
G. Cannabis Delivery Business. Any cannabis business that, pursuant to a Type 10 state cannabis license, or its successors, delivers, makes available, or distributes cannabis and cannabis products to a consumer.

H. Cannabis Dispensary. Any cannabis business where medicinal or adult-use cannabis or cannabis products are sold at retail, pursuant to a Type 10 state cannabis license, or its successors. A cannabis dispensary includes a cannabis business that provides cannabis deliveries.

I. Cannabis Testing Laboratory. A cannabis business that tests cannabis or cannabis products pursuant to a Type 8 state cannabis license, or its successors.

J. Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also “eating and drinking establishments.”)
K. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year.

L. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers having three or more coin-operated game machines, card rooms, subject to the regulation of Chapter 5.20, and facilities used exclusively for bingo games, as regulated by Chapter 5.24.

1. Game center, billiard parlor.

2. Limited. Indoor movie theaters and performing arts theaters.

M. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E “Utilities (major).” This classification includes radio, television, or recording studios; telephone switching centers; and telegraph offices.

N. Conference and Meeting Facilities. Facilities providing indoor and/or outdoor event space for conferences, meetings, weddings, banquets, luncheons or similar events on a commercial basis.

O. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises.

1. With Wine and Beer Service. Alcoholic beverages served are limited to wine and beer.

2. With full alcoholic beverage service.

3. With Live Entertainment. Establishments offering live entertainment, as defined in Chapters 5.16 and 5.38.

4. With Take-Out Service. Establishments at which twenty percent or more of the transactions are sales for off-site consumption, and which serve or deliver prepared food to persons in vehicles or have more than two work stations at which employees package or service prepared food and receive payment.
a. Drive-Up. Service from a building to persons in vehicles through an outdoor service window.
b. Limited. Establishments that do not serve persons in vehicles.

5. Truck Stop. A facility geared primarily to providing services for truckers, including on-site fueling, repair and servicing of freight trucks; restaurant facilities; restrooms; towing services; overnight accommodations and related services.

P. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens.

Establishments at which twenty percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as “catering services” or “eating and drinking establishments.”
Q. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries.

R. Laboratories. Establishments providing medical or dental laboratory services or establishments with less than two thousand square feet providing photographic, analytical, or testing services. Other laboratories are classified as “limited industry.” DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E S. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, bicycle repair or building maintenance services. This classification excludes maintenance and repair of vehicles (see “vehicle/equipment repair”) or boats or ships (see “marine sales and services”).

T. Boat and Associated Water Sports Sales and Services. Establishments providing supplies and equipment for shipping or related services, or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts.

U. Nurseries. Establishments in which all merchandise other than plants is kept within an encased building or fully screened enclosure, and fertilizer of any type is stored and sold in package form only.

V. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, real estate, insurance, investment, legal, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, and pharmacies, eyeglass shops, and similar prescription-dispensing services as an accessory to a medical office complex, but excludes banks and savings and loan associations.

W. Pawn Shops. Establishments engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property.

X. Personal Improvement Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers.

Y. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry cleaning agencies (excluding plants), and self-service laundries.

Z. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing or medical testing and analysis.

AA. Produce Stand. Are temporary produce sales locations that do not have continuous sales of more than thirty days during any three-month period of time and all produce sold at the site are agricultural products grown on the site where the sale is occurring. The sales area, access and parking, does not create a public nuisance or create a potential traffic hazard.

BB. Produce Market. Are commercial produce sales enterprises which are principally carried out within a building but may include outdoor sales/display areas and are conducted principally within C districts and the AG zone and may involve the sales of some agricultural products that are not grown and produced on the site.

DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E CC. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, and furniture stores and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation).

DD. Secondhand Appliance and Clothing Sales. The retail sale of used appliances and clothing carried on entirely within a building and not displayed or merchandised outside of building or enclosure and not visible from any public right-of-way. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances.

EE. Self-Storage Facility. Any real property designed and used for the purposes of renting or leasing individual storage spaces to tenants who are to have access to such space for the purpose of storing and removing personal property.

FFEE. Swap Meets, Recurring. Retail sale or exchange of new, handcrafted, or secondhand merchandise for a maximum period of forty-eight hours, conducted by a sponsor on a more than twice yearly basis.

GGFF. Vehicle/Equipment Sales and Services.

1. Automobile Rentals. Rental of automobiles, taxicab services, and limousine services, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts.

2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.

3. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts and accessories. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of heavy trucks or vehicles.

4. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, auto detailing shops, body and fender shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire re-treading or recapping.

DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E

5. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, and similar equipment, including storage and incidental maintenance.

6. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-a-ways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling.

HHGG. Visitor Accommodations.

1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis typically in a converted single-family or multifamily dwelling, with incidental eating and drinking service, for lodgers only, provided from a single kitchen.

2. Hotels and Motels. Establishments offering lodging on a less than weekly basis, and having kitchens in no more than sixty percent of guest units. This classification includes eating, drinking, and banquet service.

3. Boarding or Rooming House. Establishments where people live a more or less transient state but meals are served or limited kitchen facilities are present in the facility.

4. Campground. Public recreation facilities operated in conjunction with Tuolumne River and lake recreation facilities.

IIHH. Wholesales Distribution. Selling of wholesale to retail establishments exclusively. No general public sales.

JJII. Wholesale Retail Stores. Selling of wholesale and retail goods to the general public. (Ord. 2019-08 §2; Ord. 2011-02 §1).

Chapter 17.24, Section 17.24.030 entitled “CC, CH, CG and CR districts – Use Table.” Is hereby amended as follows:

Schedule 24-1 CC, CH, CG & CR Districts Use Tables (see Ch. 17.04, Use Classifications) Note: — means not permitted
Use Classifications* CC
(D)
CH (D) CG CR Additional
Regulations
Residential Use
Classifications (see
§17.04.030)
(D) (L) (M) (R) (W)
Group residential – U U –
DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E Live/work quarters P P AU AU
Multifamily residential L
1 L1 – L1
Residential care limited – – – P
Single-family residential L
10 L10 L10 L10
Public and Semipublic Use
Classifications (see
§17.04.040)
(D) (L) (M) (Q) (V)
Clubs and lodges AU AU P P
Cultural institutions P P P P
Day care (general) L
7 L7 – L7
Government offices P P P P
Hospitals – U U U
Park and recreation facilities AU AU AU P (B)
Public safety facilities AU AU AU AU
Religious assembly AU L
9 U U (K)
Schools, public or private U AU – – (I)
Waste facility U U U U (I)
Utilities (minor) P P P P
Commercial Use
Classifications (see
§17.04.050)
(L) (M) (Q) (V)
Ambulance services – L
6 P L6
Animal sales and services L
8 L8 L8 L8
Animal boarding – AU AU –
Animal grooming AU AU P AU
Animal hospitals – P P –
Animals—Retail sales L
8 L8 L8 L8
Artists’ studios L
5 L5 — L5
Banks and savings and loans
with drive-up service

AU AU L
11 AU
Building materials and services – AU P AU (U)
Cannabis dispensary U16 U16 U16 U16
Cannabis testing laboratory U16 U16 U16 U16
Catering services P P P P
Commercial filming AU AU AU AU
DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E Commercial recreation and
entertainment
L
9 L9 L9 L9
Use Classifications* CC
(D)
CH (D) CG CR Additional
Regulations
Game center, billiard parlor L
15 P — L15 (B)
Conference and meeting
facilities
L
13 L14 — L14
Eating and drinking
establishments

P P P P (E)
With wine and beer service AU P P AU (E)
With full alcoholic beverage
service

U U U U (I)
With live entertainment U U U U (I)
With take-out service AU P P P (E) (O)
Drive-up U P P P (E) (I)
Truck stop – U – U (P)
Food and beverage sales L
2 – L2 L2
(F)
Funeral and interment services L
4 L3 L4 –
Photography studio & photo
equipment/supply

P P P P
Laboratories – P P AU
Maintenance and repair services – L
12 L12 – (U)
Boat sales and services – P P P (F) (U)
Nurseries (plant material) AU P P P
Offices, business and
professional

P P P P
Pawn shops P P P –
Personal improvement services P P P P
Personal services P P P P
Research and development
services

AU AU P AU (R)
Produce markets AU P P P (C) (U)
Produce stand AU P P P (C) (U)
Retail sales P P P P
Secondhand appliances/clothing AU P P – (U)
Self-Storage Facility – U – –
DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E Vehicle/equipment sales &
services
– AU AU AU (F) (U)
Automobile rentals AU P P P (F) (U)
Automobile washing – AU P AU
Service stations U AU U AU (F) (I) (P)
Vehicle/equipment repair – AU P AU (F) (U)
Vehicle/equipment sales and
rentals
– AU P AU (U)
Visitor accommodations
(general)
P P – P (I) (H)
Bed and breakfast inns P P – P (I) (H)
Hotels and motels P P – P (I) (H)
Temporary Use
Classifications (see
§17.04.090)
(D) (L) (M) (R)
Animal shows T T T T
Christmas tree sales T T T T
Circuses and carnivals T T T T
Mobile food service T T T – (A)
Use Classifications* CC
(D)
CH (D) CG CR Additional
Regulations
Swap meets – T T T
Commercial filming (limited) T T T T
Accessory Use
Classifications (see
§17.04.080)
(D) (L) (M) (R)
Wireless communications P P P P (S)
Alternative energy P P P P (T)
Retail sales, outdoor AU AU AU AU
* See indicated code section with respect to use classification. Uses indicated are a subset of the uses that may occur in this district. Other uses, which are not listed below, may be approved subject to AU procedures provided that they are similar to the indicated uses with respect to impacts on surrounding uses and the stated purpose and intent of commercial “C” district (Sections 17.20.010 and 17.20.020).
1 Not permitted on ground level.
2 A use permit is required for establishments occupying more than one thousand five hundred square feet and for convenience markets. Except as provided below, convenience markets shall not be located within five hundred feet of a site occupied by a public or private school, park or recreational facilities, and no exterior vending machines shall be permitted. A DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E convenience market may be located within five hundred feet of a site occupied by park or recreational facilities if the proposed convenience market is within five hundred feet of an existing retail food and beverage sales establishment. Convenience markets may be operated only between the hours of six a.m. and ten p.m. Longer hours are permitted only if they would not have an adverse effect on neighborhood uses. 3 Only mortuaries allowed, subject to a use permit.
4 Only mortuaries allowed.
5 Planning director administrative permit required only for dance and music studios. If the following conditions are met, the planning director may waive the use permit requirement and approve the use subject to the following:
a. The proposed use is located in an existing structure which is completely enclosed and soundproofed, or is located at least three hundred feet away from the property line of the nearest residential use;
b. The proposed use will not operate prior to seven a.m. Monday through Saturday, or prior to eight a.m. Sunday, or after ten p.m. any day of the week. 6 No repair services are permitted, and an administrative use permit is required. 7 Planning commission use permit required, except that the planning director may approve use permits for large family day care homes caring for seven to twelve children, as defined in Chapter 3.4 of the California Health and Safety Code. 8 Administrative use permit may be issued if the following conditions are met:
a. The proposed use is located in an existing structure which is entirely enclosed, and no outside facilities are proposed.
b. For animal hospitals, or where boarding or overnight care facilities are proposed, the use is located in a soundproofed and air-conditioned facility. 9 Administrative use permit required for facilities holding outdoor events or activities. 10 RS and RM residential uses established prior to June 1, 2011, are allowed to continue to be used as residential units as provided under Chapter 17.63 (Non-Conforming Uses and Structures). New RS- and RM-type residential units created after that date are not permitted. 11 Only automatic teller machines allowed.
12 Use permit required only for equipment rentals and retail sales. 13 Permitted as a secondary use in a building, occupying no more than two thousand five hundred square feet of the building floor area.
14 Permitted as a secondary use in a building occupying no more than two thousand five hundred square feet of the building area. A use permit is required for secondary uses occupying building areas of two thousand five hundred and one to five thousand square feet, or where the use is the primary use of a building. 15 Only game centers with five or fewer games permitted; also see Section 17.40.260, Game centers.
16 Also see Chapter 8.34, Cannabis Regulations.
(Ord. 2019-08 §4; Ord. 2011-02 §1).

DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E DocuSign Envelope ID: 8DD6A8FF-E88D-4CB7-ACBC-16C0FB51E83E

CITY OF WATERFORD

NOTICE OF PUBLIC HEARING
CODE TEXT AMENDMENT NO. 2021-01
NOTICE IS HEREBY GIVEN THAT THE WATERFORD CITY COUNCIL will hold a public hearing in the Council Chambers at 101 E Street Waterford, Ca. 95386, on MARCH 17, 2022, at 6:30p.m.

CODE TEXT AMENDMENT 2021-01: To consider the Planning Commission’s recommendation of approval to the City Council of the City of Waterford for adoption of an Ordinance amending Chapter 17.04, Section 17.04.050 entitled “Commercial use classifications” and Chapter 17.24, Section 17.24.030 entitled “CC, CH, CG and CR districts – Use table” to add “Self-Storage Facility” as a Commercial use classification and as a Conditional Use in the CH, Commercial Highway Zoning District. The Applicant, Mr. Harvey Galvin (Kilroy West Main, LLC.), is requesting the proposed Code Text Amendment to allow for the development of a Self-Storage Facility, which Planning Commission conditionally approved at a special meeting on February 24, 2022.

The proposed Ordinance is exempt under Article 5 §15061(b)(3) “Common Sense Exception”: “The activity is covered by the common sense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
ALL INTERESTED PARTIES are invited to attend said hearing and express opinions or submit evidence for or against the Project as outlined above.

FURTHER INFORMATION on the above documents may be obtained or viewed at the Waterford City Planning Department, located at 101 E Street or by telephone (209) 874-2328.

The facility is accessible to the disabled and hearing impaired. If special assistance is required, please call (209) 874-2328 so accommodations can be arranged. While not required, 48 hours notice is appreciated.

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ORDER DETAILS
Order Number:

IPL0063064
Order Status:

Submitted
Classification:

Legals & Public Notices
Package:

MOD - Legal Ads 1x
Final Cost:
294.63
Payment Type:

Visa
User ID:

IPL0035159

ACCOUNT INFORMATION
Patricia Krause
101 E Street PO Box 199
Waterford, CA 95386
209-874-2328
[email protected]
City of Waterford

PAYMENT DETAILS
Visa************4935 05/2022

TRANSACTION REPORT
Date
March 2, 2022 3:18:34 PM EST
Amount:
294.63
SCHEDULE FOR AD NUMBER IPL00630640
March 4, 2022
The Modesto Bee
PREVIEW FOR AD NUMBER IPL00630640
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General Business 6a
March 17, 2022
Lonnie Statzer Public Works Superintendent
City Council Staff Report
RESOLUTION: Adopting Resolution 2022-14 of the City Council of the City of Waterford Approving Application(s) for Grant Funds from the Recreational Trails Program (RTP) and Authorize the City Manager to Sign all Documents Related to the Grant.

SUMMARY:

The Recreational Trails Program (RTP) provides funds annually for recreational trails and trails-related projects. The RTP is administered at the state level by the California Department of Parks and Recreation (DPR). California’s annual apportionment is $5,756,189. The maximum amount of RTP funds allowed for each project is 88% of the total project cost. The city would be responsible for obtaining a match amount that is at least 12% of the total project cost.

ANALYSIS:

The City of Waterford with (RTP) funding would like to have a couple of areas along the far west portion of the River Trail rehabilitated due to heavy vehicle traffic and weather erosion. The areas of concern are along the River Trail down to the Wastewater Treatment Plant. This steep paved portion of the River Trail is sluffing off due to heavy vehicle traffic and weather erosion. Not only is this part of the Wastewater Treatment Plant but it is also our access point to the River Trail System. This gives the city some concern for the safety of the pedestrians walking this portion of the River Trail and safety and ability to access our Wastewater Treatment Plant. Staff is recommending that we put these funds toward shoring up and strengthening the integrity of the steep bank that supports this portion of the River Trail.

FISCAL IMPACT:

Expenses:

Total Grant Funds Requesting 12% Match
$385,000.00 $46,200.00
ENVIRONMENTAL REVIEW:

The City finds and determines with certainty that the grant application is exempt from CEQA Guidelines Section 1506 (b)(3), and that the activity is covered under the general rule that CEQA applies to only projects which have the potential for causing a significant effect on the environment. All capital improvement projects funded in the future will be required to undergo further CEQA review.

ALTERNATIVES:

1. The city can choose not to pursue this grant and the River Trail will continue to become more dangerous and deteriorated which will allow the cost of repairs to continue to rise.

ATTACHMENTS:
• Resolution 2022-14
• Photos of the damage
RESOLUTION 2022-14

WATERFORD CITY COUNCIL
RESOLUTION #2022-14

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERFORD APPROVING

APPLICATION(S) FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM

AND AUTHORIZE THE CITY MANAGER TO SIGN ALL DOCUMENTS RELATED TO THE GRANT
WHEREAS, the Fixing America’s Surface Transportation Act (FAST-ACT) provides funds to the State of California for Grants to Federal, state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trail Projects; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and
WHEREAS, the State Department of the Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Application under the program; and WHEREAS, the Applicant will enter into a Contract with the State of California to complete the Project(s).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Waterford hereby:

APPROVES THE FILING OF AN APPLICATION FOR THE RIVER TRAIL IMPROVEMENTS PROJECT; AND

1. Approves the filling of an Application for the Recreational Trails Program; and

2. Certifies that the Project is consistent with the Applicant’s General Plan or the equivalent planning document; and

3. Certifies that said Applicant has or will have available prior to commencement of any work on the Project(s) included in this Application, sufficient funds to operate and maintain the Project(s); and

4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and

5. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project; and
RESOLUTION 2022-14

6. Agrees to comply withal applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

PASSED AND ADOPTED by the Waterford City Council at a regular meeting held on the 17th day of March, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

City of Waterford
____________________________
Jose M. Aldaco, Mayor
Attest: Approved as to Form:
____________________________ ____________________________

Patricia Krause, CMC, City Clerk Corbett J. Browning, City Attorney

TO REINWAY

TRAILHEAD
PARK

TO RIVER
PARK

APPROXIMATE

LIMITS OF

RETAINING

TUOLUMNE
RIVER

WATERFORD, CALIFORNIA
LOCATION MAP DATE: MARCH, 2022

TUOLUMNE RIVER TRAIL RETAINING WALL AT TREATMENT PLANT ROAD

NORTH ENGINEERING
w w w . m c r e n g . c o m
MCR ENGINEERING, INC.
1242 DUPONT COURT
MANTECA , CA 95336
TEL : ( 209 ) 239 - 6229
FAX : ( 209 ) 239 - 8839
A
A

SECTION A-A

NOT TO SCALE

BACKFILL

SHOULDER
NO. DESCRIPTION QU. UNIT UNIT COST   TOTAL
A. SITE PREPARATION AND DEMOLITION

1. MOBILIZATION 1 LS $20,000.00 $20,000.00

2. RETAINING WALL 600 LF $400.00 $240,000.00

3. EROSION CONTROL 1 LS $5,000.00 $5,000.00
SUB‐TOTAL $265,000.00
ENGINEERING & DESIGN $30,000.00
CONTIGENCY $60,000.00
CONSTRUCTION MANAGEMENT & INSPECTION $30,000.00
GRAND TOTAL $385,000.00

PRELIMINARY ENGINEER'S ESTIMATE
Tuolumne River Trail Retaining Wall Project
Waterford, California
3/2/2022
COST ARE FOR PRELIMINARY ESTIMATING PURPOSES AND ARE SUBJECT TO CHANGE DURING THE  FINAL IMPROVEMENT PLAN PREPARATION. .

General Business 6b
March 17, 2022
Mike Pitcock, City Manager
City Council Staff Report
Motion: Approve Amendment #1 to the Retainer Agreement for Architectural Services with Red Inc Architect of Modesto California by Extending the Original Retainer Agreement for Three Additional Years.

SUMMARY:

Staff is seeking City Council approval of Amendment #1 to the Retainer Agreement for Architectural Services with Red Inc Architects of Modesto California by extending the original retainer agreement for three additional years.

ANALYSIS:

On occasion, the City has the need to seek third-party assistance with architectural review or design services to ensure that all work is completed in accordance with funding deadlines and/or Council expectations. Retainer agreements provide the ability for staff to promptly seek these services without having to go through the formal advertising and proposal review process for each capital project.

Whenever services are required, a service request is issued on a project-by-project basis with funding for that request provided through funding tied to the approved capital improvement project budget.

In 2018, Staff issued an RFP and City Council retained Pires, Lipomi + Navarro Architects (Now RED Inc Architects) for a three-year period. At the time or award, staff had identified two projects that need architectural design services:
• Community Center Exiting and ADA Improvements;
• Public Works Building (Old Fire Station) Renovation and ADA Improvements.

Staff used their services for the renovation of the Public Works Building at 321 E. Street but funding for the Community Center renovation was not budgeted. On February 24, 2022, the City Council and City Manager held a priorities workshop to gain City Council input on community needs and direction. At the workshop, City Council directed the renovation of the Community Center as a high priority need. In an effort to make the required improvements, staff reviewed the contract with RED and found that an extension of time was necessary to contract for architectural work. Staff worked well with RED in the past and recommends extending the contract an additional 3 years to April 19, 2024. This will provide time needed to identify the scope of work and budget necessary for the renovation project. If budget for the project is approved in the Fiscal Year 2022/23 budget, staff will direct RED to begin design. Staff does recommend approval.

FISCAL IMPACT:

The Retainer Agreement will have an additional three-year life and will not exceed $150,000. As this is a retainer agreement, the firm is not entitled to any of the funds unless the City Manager executes a project specific Service Request utilizing Council approved funding for each project. Funding for each Service Request will come from project funding approved by the City or Waterford’s Adopted Operating and Capital Budgets.

ENVIRONMENTAL REVIEW:

The City finds and determines with certainty that retaining an architect is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), as the activity is covered under the general rule that CEQA applies to only projects which have the potential for causing a significant effect on the environment.

Each capital improvement project the architecture firm provides service will be subject to CEQA review.

ALTERNATIVES:

1. Not approve the approval of the amendment to the retainer agreement with RED Architects, Inc and direct staff to do a formal Request for Qualifications (RFQ) process and return to council with a recommend firm.

2. Not approve the use of Retainer Agreements and direct staff to utilize a RFQ process for each individual project. Staff does not recommend this action as retaining an architecture firm will speed up the design and construction of the various capital improvement projects in need of architectural services.

ATTACHMENTS:
• Exhibit A – Amendment #1 to the Original Agreement
• Exhibit B – Original Agreement
• Exhibit C- RED Fee Schedule

AMENDMENT NO.1
To the
Retainer Agreement between the

CITY OF WATERFORD
And

RED INC ARCHITECTS
For

RETAINER AGREEMENT FOR

SPECIAL SERVICES
THIS AMENDMENT NO. 1, dated March 17, 2022, is entered into by and between the CITY OF WATERFORD, a municipal corporation (hereinafter "CITY") and RED, Inc Architects (hereinafter "ARCHITECT”).

WHEREAS, ARCHITECT underwent a rebranding and its business name was changed from Pires, Lipomi + Navarro Architects to Red Inc Architects; and WHEREAS, the parties hereto previously entered into a retainer agreement dated April 19, 2018, whereby ARCHITECT will perform Architectural Services for the City (hereinafter the “Agreement”).

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

1. Section 5. of the Agreement is amended to read as follows:

TERM OF AGREEMENT: This Agreement shall become effective upon execution and shall continue in full force and effect beginning April 19, 2018 and ending April 19, 2024, subject to CITY’s availability of funds.

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

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

Executed on this 17th day of March, 2022, at Waterford, County of Stanislaus, California.

RED Architects, Inc CITY OF WATERFORD
______________________________ ______________________________ Signature Michael G. Pitcock, P.E.

City Manager

APPROVED AS TO FORM
______________________________
Corbett J. Browning
City Attorney
ATTEST
______________________________
Patricia Krause, CMC
City Clerk

RETAINER AGREEMENT
for Special Services
between

THE CITY OF WATERFORD
and
PIRES, LIPOMI + NAVARRO ARCHITECTS
for

ARCHITECTURAL SERVICES
THIS AGREEMENT is made this 19th day of April, 2018, by and between the CITY OF WATERFORD, a municipal corporation of the State of California hereinafter referred to as "CITY" and PIRES, LIPOMI + NAVARRO ARCHITECTS, a Corporation hereinafter referred to as "CONSULTANT."
W I T N E S S E T H:

WHEREAS, in accordance with California Government Code §37103, CITY has a need for professional architectural services; and
WHEREAS, CONSULTANT has represented itself as duly trained, qualified, and experienced to provide such special service, hereinafter referred to as “Services.” NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK: The Scope of Work includes the general Services to be provided by CONSULTANT as identified in Exhibit A (Request for Qualifications) and Exhibit B (CONSULTANT proposal), attached hereto, and the specific Services delineated by the City Manager in one or more written Service Requests submitted to CONSULTANT during the term of this Agreement. These Service Requests shall be numbered consecutively and attached to and controlled by the terms of this Agreement. Each such Service Request shall set forth the exact Services to be performed by CONSULTANT and the total compensation due CONSULTANT for such Services. CONSULTANT must sign and return these Service Requests before undertaking the services described therein. CONSULTANT shall furnish all labor, equipment, materials and process, implements, tools, and machinery, except as otherwise specified, which are necessary and required to provide the Services and shall perform such special services in accordance with the standards of its profession and the specifications set forth in each Service Request and herein. CONSULTANT shall provide Services that are acceptable to CITY.

2. PERSONNEL AND EQUIPMENT: CONSULTANT shall provide all personnel needed to accomplish the Services hereunder. CONSULTANT shall additionally acquire, provide, maintain, and repair, at its sole cost and expense, such equipment, materials, and DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

supplies as CONSULTANT shall reasonably require to accomplish said Services.

3. SAFETY REQUIREMENT: All Services and merchandise must comply with California State Division of Industrial Safety orders and O.S.H.A.

4. COMPENSATION: CITY agrees to pay CONSULTANT in accordance with Exhibit C as full remuneration for performing all Services and furnishing all staffing and materials called for in Exhibit A and Exhibit B and for performance by CONSULTANT of all of its duties and obligations under this Agreement. In no event shall the total amount of this Agreement exceed One Hundred Fifty Thousand and No/100ths Dollars ($150,000.00).

CONSULTANT agrees that compensation shall be paid in the manner and at the times set forth below:
(a) Invoices: CONSULTANT shall submit dated invoices to CITY specifying the date, location and service rendered, and the charge therefor. (b) Payment:
(1) All payments by CITY shall be made in arrears, after satisfactory service, as determined and approved by CITY, has been provided. Payment shall be made by CITY no more than thirty (30) days from CITY's receipt of invoice. (2) CITY shall normally pay by voucher or check within ten (10) working days after each City Council meeting at which payments can be authorized, provided that CITY receives the invoice at least five (5) working days prior to CITY's meeting date. (3) If CITY disputes any items on an invoice for a reasonable cause, which includes but is not limited to unsatisfactory service, CITY may deduct that disputed item from the payment, but shall not delay payment for the undisputed portions. The amounts and reasons for such deletions shall be documented to CONSULTANT within fifteen (15) working days after receipt of invoice by CITY. CITY shall assign a sequential reference number to each deletion.
(4) If dispute is settled, payment shall be by voucher or check payable to and mailed to CONSULTANT within five (5) working days of dispute settlement. (5) CITY reserves the right to only pay for such services rendered to the satisfaction of CITY.

5. TERM OF AGREEMENT: This Agreement shall become effective upon execution and shall continue in full force and effect beginning April 19, 2018 and ending April 19, 2021, subject to CITY’s availability of funds.

6. INSURANCE: CONTRACTOR shall not commence work under this Agreement until CONTRACTOR has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. CONTRACTOR shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

CONTRACTOR, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract.
(a) General Liability Insurance: CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. CONTRACTOR’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. (b) Workers’ Compensation Insurance: CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). CONTRACTOR shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(c) Auto Insurance: CONTRACTOR shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If CONTRACTOR owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
(d) Builder’s Risk Insurance: Upon commencement of construction and with approval of City, CONTRACTOR shall obtain and maintain Builder’s Risk/Course of Construction insurance. Policy shall be provided for replacement value on an "all-risk" basis.

The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site, whether provided from within a Builder’s Risk policy or through the addition of an Installation Floater. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. (e) Contractors Pollution Insurance: Pollution Coverage shall be provided on a Contractors Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than one million dollars ($1,000,000) 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.
(f) Professional Liability Insurance: When applicable, CONTRACTOR shall maintain professional liability insurance that insures against professional errors and omissions DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and CONTRACTOR agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (g) Deductibles and Self-Insured Retentions: Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) CONTRACTOR shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
(h) Other Insurance Provisions: The commercial general liability policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of CONTRACTOR, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the contract. General liability coverage can be provided in the form of an endorsement to CONTRACTOR’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to this project, CONTRACTOR’s insurance coverage shall be primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of CONTRACTOR’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under this Agreement, the insurer, broker/producer, or CONTRACTOR shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (i) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII or with an insurer to which the City has provided prior approval.
(j) Verification of Coverage: CONTRACTOR shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

prior to the work beginning shall not waive CONTRACTOR’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.
(k) Waiver of Subrogation: With the exception of professional liability, CONTRACTOR hereby agrees to waive subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by CONTRACTOR, its agents, employees, independent contractors and subcontractors. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. (l) Subcontractors: CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
(m) Surety Bonds: CONTRACTOR shall provide a Performance Bond and a Payment Bond.

7. INDEMNIFICATION:

Indemnity for Professional Liability: When the law establishes a professional standard of care for CONSULTANT’s Services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the CONSULTANT (and its Subcontractors) are responsible for such damages, liabilities and costs on a comparative basis of fault between the CONSULTANT (and its Subcontractors) and the CITY in the performance of professional services under this Agreement. CONSULTANT shall not be obligated to defend or indemnify CITY for the CITY’s own negligence or for the negligence of others.

Indemnity for other than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by CONSULTANT or by any individual or agency for which CONSULTANT is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of CONSULTANT.

8. INDEPENDENT CONTRACTOR RELATIONSHIP: All acts of CONSULTANT, its agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

responsibility to exercise any rights or power vested in the CITY. No agent, officer, or employee of the CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONSULTANT, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

CONSULTANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under this Agreement. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this Agreement. CONSULTANT has control over the manner and means of performing the services under this Agreement. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT or CONSULTANT'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever.

It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT'S personnel.

As an independent contractor, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

9. VOLUNTARY TERMINATION: CITY may terminate this Agreement without cause or legal excuse by providing thirty (30) days’ written notice to CONSULTANT. Upon receipt of such notice, CONSULTANT shall continue to work on the current Service Request through the date of termination. CITY shall pay CONSULTANT for all work performed through the date of termination.

10. TERMINATION OF STATED EVENT:
(a) Termination on Occurrence of Stated Events. This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

or insolvency of CONSULTANT, (2) legal dissolution of CONSULTANT, or (3) death of key principal(s) of CONSULTANT.
(b) Termination by CITY for Default of CONSULTANT. Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, at its option CITY may terminate this Agreement by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY's property by CONSULTANT, dishonesty or theft.
(c) Termination by CONSULTANT for Default of CITY. Should CITY default in the performance of this Agreement or materially breach any of its provisions, at its option CONSULTANT may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to cooperate reasonably with CONSULTANT, willful destruction of CONSULTANT's property by CITY, dishonesty or theft.
(d) Termination for Failure to Make Agreed-Upon Payments. Should CITY fail to pay CONSULTANT all or any part of the payments set forth in this Agreement on the date due, at its option CONSULTANT may terminate this Agreement if the failure is not remedied within thirty (30) days after CONSULTANT notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice. (e) Termination by CITY for Change of CONSULTANT'S Tax Status. If CITY determines that CONSULTANT does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONSULTANT. The termination date shall be the effective date of the notice. (f) In the Event of Termination. If this Agreement is terminated pursuant to this Paragraph, CONSULTANT shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY's cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT'S work on the project. Further, if CITY so requests, and at CITY's cost, CONSULTANT shall deliver to CITY any work products whether in draft or final form which have been produced to date.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONSULTANT an amount based on the percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONSULTANT, CONSULTANT understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT'S services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

11. CONFORMANCE WITH FEDERAL AND STATE LAW: All equipment, supplies and services used by CONSULTANT in the performance of this Agreement shall conform to the DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

laws of the government of the United States and the State of California.

12. NONDISCRIMINATION: In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race religion, color, sex, or national origin. CONSULTANT shall take affirmative action to insure that applicants are employed, and the employees are treated during their employment, without regard to their age, race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, promotions, demotions or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall also comply with the requirement of Title VII of the Civil Rights Act of 1964 (P.L. 88-352) and with all applicable regulations, statutes, laws, etc., promulgated pursuant to the civil rights acts of the government of the United States and the State of California now in existence or hereafter enacted. Further, CONSULTANT shall comply with the provisions of Section 1735 of the California Labor Code.

13. TIME: Time is of the essence in this Agreement.

14. ENTIRE AGREEMENT AND MODIFICATION: This Agreement supersedes all previous Agreements and constitutes the entire understanding of the parties hereto.

CONSULTANT shall be entitled to no other benefits than those specified herein. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.

CONSULTANT specifically acknowledges that in entering into and executing this Agreement, CONSULTANT relies solely upon the provisions contained in this Agreement and no others.

15. OBLIGATIONS OF CONSULTANT: Throughout the term of this Agreement, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONSULTANT warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this Agreement. CONSULTANT further represents that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

16. OWNERSHIP OF DOCUMENTS: All reports, data, drawings, plans, designs, specifications, graphics, calculations, working papers, models, flow diagrams, visual aids, and other incidental work or materials furnished hereunder shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by the CONSULTANT for purposes other than this contract without the express prior written consent of CITY.

17. NEWS AND INFORMATION RELEASE: CONSULTANT agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from CITY through the City Manager.

18. INTEREST OF CONSULTANT: CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

CONSULTANT warrants that, in performance of this Agreement, CONSULTANT shall not DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

employ any person having any such interest. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of CITY.

19. AMENDMENTS: Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for CITY or CONSULTANT to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, CITY will not be responsible to pay any charges CONSULTANT may incur in performing such additional services, and CONSULTANT shall not be required to perform any such additional services.

20. PATENT/COPYRIGHT MATERIALS: Unless otherwise expressly provided in the contract, CONSULTANT shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. CONSULTANT shall furnish a warranty of such right to use to CITY at the request of CITY.

21. CERTIFIED PAYROLL REQUIREMENT: For CONSULTANTS performing field work on public works contracts on which prevailing wages are required, CONSULTANT shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

22. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

23. WAIVER: The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

24. AUDIT: CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT'S charges to CITY under this Agreement.

CONSULTANT agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONSULTANT services. CITY's representative shall have the right to reproduce any of the aforesaid documents.

25. GOVERNING LAW: This Agreement shall be governed according to the laws of the State of California.

26. HEADINGS NOT CONTROLLING: Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

27. COMPLIANCE WITH LAWS: CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws, including, but not limited to, prevailing wage laws, if applicable. CONSULTANT shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

28. CITY BUSINESS LICENSE: CONSULTANT will have a City of Waterford business license.

29. ASSIGNMENT: This Agreement is binding upon CITY and CONSULTANT and their successors. Except as otherwise provided herein, neither CITY nor CONSULTANT shall assign, sublet, or transfer interest in this Agreement or any part thereof without the prior written consent of the other.

30. RECORD INSPECTION AND AUDIT: CONSULTANT shall maintain adequate records to permit inspection and audit of CONSULTANT’s time and material charges under this Agreement. CONSULTANT shall make such records available to CITY during normal business hours upon reasonable notice. Such records shall be turned over to CITY upon request.

31. EXCLUSIVE USE: Services provided within the scope of this Agreement are for the exclusive use of CITY and CONSULTANT agrees that, until final approval by CITY, all data, plans, specifications, reports, and other documents will not be released to third parties by CONSULTANT without the prior written consent of CITY.

32. EMPLOYMENT OF CITY OFFICIAL OR EMPLOYEE: CONSULTANT shall employ no CITY official or employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq.; nor shall CITY violate any provision of its Conflict of Interest Code adopted pursuant to the provisions of California Government Code Sections 87300 et seq.

33. NOTICE: Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail, if delivery is by postage paid, registered, or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time:
for CONSULTANT: PIRES LIPOMI + NAVARRO ARCHITECTS
ATTENTION: GREG PIRES & BARRETT LIPOMI
1720 G STREET
MODESTO, CA 95354
PHONE: (209) 522-8900
for CITY: CITY OF WATERFORD
ATTENTION: MICHAEL G. PITCOCK, P.E.,

CITY MANAGER
101 E STREET
WATERFORD, CALIFORNIA 95386
PHONE: (209) 874-2328 Ext. 103
DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

FAX: (209) 874-9656

34. CITY CONTRACT ADMINISTRATOR: The City’s contract administrator and contact person for this Agreement is:

Michael Pitcock, City Manager
101 E Street
Waterford, CA 95386
E-mail: [email protected]
(209) 874-2328 Ext 103

35. OTHER SOURCES: CITY reserves the right to obtain architectural services from other sources. CONSULTANT may also retain or subcontract for the services of other necessary individuals or firms with the approval of CITY. Payment for such services shall be the responsibility of CONSULTANT.

36. SUBCONTRACTED SERVICES: The CONSULTANT is responsible for performing the work required under the contract in a manner acceptable to the CITY. The CONSULTANT’S organization and all associated consultants and sub-consultants must be identified at the time of the proposal. If the CONSULTANT wishes to use a sub-consultant not specified in the proposal, prior written approval must be obtained from the CITY. All contracts between CONSULTANT and a sub-consultant that exceed $25,000 for work or services to be performed shall contain all of the required provisions of the prime contract.

37. NON-DISCRIMINATION STATEMENT OF COMPLIANCE: CONSULTANT’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

During the performance of this Contract, CONSULTANT and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

CONSULTANT shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

CONSULTANT, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, CONSULTANT shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment.

38. DEBARMENT AND SUSPENSION CERTIFICATION: CONSULTANT’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to CITY.

Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration.

39. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION: This contract is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.

The goal for DBE participation for this contract will vary and be established with each Service Request. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached to each Service Request and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds.

DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as CITY deems appropriate.

Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.

A DBE firm may be terminated only with prior written approval from CITY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting CITY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).

A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT’s authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.

DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within 30 days.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.

CITY OF WATERFORD, a municipal corporation _________________________________ By: _______________________________ By: ______________________________ Michael Van Winkle, Mayor
Title: _____________________________
Date: _____________________________
Print name: ________________________
APPROVED AS TO FORM:

Federal Tax ID _____________________
By: _______________________________
Corbett Browning, City Attorney Date: _____________________________ ATTEST:

By: _______________________________
Miranda Lutzow, City Clerk
DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C

SERVICE REQUEST

SERVICE REQUEST NO. ___
CONSULTANT: ________________________
PROJECT: ____________________________
THIS SERVICE REQUEST dated _____________________, is an addendum to the Retainer Agreement for Architectural Services (“Agreement”) dated April 5, 2018, between the City of Waterford (“City”) and _____________________ (“Consultant“).

WHEREAS, upon execution, this Service Request shall be considered a part of the Agreement; and
WHEREAS, this Service Request establishes the Scope of Work and compensation amounts for specific architectural services and authorizes Consultant to proceed with the project.

NOW, THEREFORE, the parties mutually agree as follows:

SCOPE OF WORK

1. City agrees to compensate Consultant for the required work in accordance with the terms of payment stipulated in the Agreement and this addendum. An itemized list of tasks and a detailed cost for the completion of the required work is attached hereto as Exhibit A to this Service Request No. ____. The cost for completion of the items of work shall not exceed _______________ and no/100ths Dollars ($____________).

2. All work associated with this Service Request shall conform to the requirements of the Agreement and this addendum and shall be completed to the satisfaction of City within one (1) month of the Notice to Proceed.

3. The Disadvantaged Business Enterprise (DBE) goal for this project is: ____%

4. Except as herein modified, all terms and conditions in the Agreement remain unchanged and are in full force and effect.

CITY OF WATERFORD, a municipal corporation ___________________________________ By: __________________________________ By: ________________________________ Michael G. Pitcock, City Manager
Title: _______________________________
Date: _______________________________
Address: ___________________________
___________________________
___________________________
Phone: _____________________________
DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C Exhibit A
Request for Qualifications
Retainer Agreement for Architectural Services
The purpose of this Request for Qualifications is to obtain an annual retainer agreement for professional architectural services.

Submit Proposals to:

City of Waterford
Attention: Michael Pitcock, City Manager
101 E Street
Waterford, CA 95386
Proposal Submission Deadline
Thursday, March 1, 2018
4:00 p.m. PST
Questions with regard to submissions, process or proposals can be directed to:

Michael Pitcock, City Manager
101 E Street
Waterford, CA 95386
(209) 874-2328 Ext. 103
[email protected]
DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C Exhibit A
Introduction
The City of Waterford is accepting proposals from qualified firms to provide professional architectural services upon request from the City of Waterford on an “as needed” basis. The City will enter into an agreement with the individuals or firms selected to provide these services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined in this Request for Qualifications (RFQ).

Background
The City of Waterford maintains several different types of annual, professional retainer agreements for use on an “as needed” basis. The retainer agreement allows the City to request services of the retained Consultant on an individual project basis as the need arises. Prior to any work completed under the retainer agreement a specific service request must be issued for each project, specifically delineating the requested services, with fees for said services based upon rates identified in the retainer agreement and in conjunction with a jointly agreeable, negotiated maximum fee for said services. Should the City fail to successfully negotiate an acceptable maximum fee for services for a specific project with the Consultant involved, the City reserves the right to seek and retain said services through other means or architects.

Scope of Services
The proposed scope of services would include, but would not be limited to the following:

1. Provide Consulting and/or Professional services upon the request of the City of Waterford for projects related to the City’s properties and/or structures.

2. Requested services may involve any one, or a combination of, the following Professional Service areas:
a. Review the City’s requested project and/or task to be accomplished and provide preliminary consultation, research and evaluation of same; b. Assist the City Manager with presentations and/or recommendations to the City staff, committees, boards, or the Waterford City Council; c. Provide concepts, architectural design, associated engineering, drafting, cost estimates and/or specifications necessary to bid and accomplish projects in support of the City of Waterford;
d. Professional services during the bid process and project construction; e. Third party review consultation related to documents prepared other consultants retained by the City.

Assumptions
With City Council approval, a successful Consultant shall be awarded an annual retainer agreement for architectural services. At the discretion of the City, deliverables shall be provided to the City in the form of hard copies as well as electronic copies for all specifications, reports, DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C Exhibit A
and all documents, including but not limited to: plans, analysis and specifications, and any necessary technical data.

The City Manager, or his designee, will be the main point of contact to facilitate the various services requested. The selected Consultant shall have or obtain a City of Waterford business license prior to performing any of the work listed in the Agreement.

The City will screen and evaluate proposals primarily on the basis of demonstrated professional expertise. The Consultant shall be chosen on the basis of the firm’s demonstrated competence, abilities and overall professional qualifications. The City reserves the right to enter into agreements with multiple consultants.

Requests for Information (RFI) must be addressed in writing and directed to the contact person specified on the front page of this RFQ. An RFI sent to any other contact person may be subject to delay or may not be received at all. Each RFI must be received at least (72) hours prior to the stated proposal submission deadline.

If the City determines that a response to an RFI is necessary for clarification, then a response will be issued in writing as an addendum for the benefit of all interested consultants. The City will not respond to an RFI received less than (72) hours prior to the proposal submission deadline, as this does not provide prospective consultants enough time to make modifications to their proposals.

The City will not respond to an RFI with verbal clarification; all City responses to an RFI shall be in writing.

Information Requested
The City is seeking a qualified consultant that demonstrates extensive knowledge and experience in providing professional architectural services. Each proposal must contain a statement of qualifications that that includes the following information:

1. General Information – Provide the name, address, and telephone number of the individual or firm, as well as the name of the person authorized to negotiate contract terms and make binding agreements. Include the professional qualifications necessary for completing the work. The professional qualifications necessary for completing the work refers to the staff members that will be working on the potential projects. Please provide a list of qualified professionals;

2. Background – Provide background and history of the company’s consulting experience which specifically addresses the organization’s knowledge and experience. Use of a resume attachment is acceptable;
DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C Exhibit A

3. Services and History– Provide a list of available services as well as a listing and description of work completed. The City is requesting the prospective consultant to provide a description of work for each available service. The description of work shall include previous completed work as well;

4. Response Time – Description of individual or firm’s resources that allow for a timely delivery of services, including the names and qualifications of the firm’s staff that will be working with the City of Waterford;

5. Fees – In a separately sealed envelope, provide a fee schedule. Each proposal shall provide hourly rates of staff. This information will not be used in the technical evaluation of proposals. It will be used as a basis of compensation for the Retainer Agreement.

6. Public Agencies – Include narrative description of experience with public agencies, if any;

7. References – Provide three or more references that can supply information on the quality of the services provided by your firm during the past two years. In addition, include descriptions of three samples of work (i.e. projects) that contain, at a minimum: the name or title of the project, the location(s) of the project, the name of the contracting agency, the total project budget, and a brief project description. The City is not requesting copies of any deliverables provided as part of the previous work; rather, just a summary of the work performed. Copies of the actual deliverables may be provided, as long as they are included in an appendix. The three references may or may not be affiliated with the three samples of work provided.

Proposal Content
The City requires each Consultant to submit a proposal clearly addressing all of the requirements outlined in the RFQ. The proposal shall be limited to 30 pages (not including a cover page) and must include a minimum of three recent or current client references, which include the address and telephone number of each reference. Resumes and a company qualification brochure may be added to the 30-page proposal, provided they are located in an Appendix at the back of the proposal. Material contained in appendices will not be used for evaluation purposes in the scoring of proposals. Though the Consultant may submit a proposal organized according to his preference, it must be clear and concise.

Should a consultant have concerns about meeting any requirements of this RFQ they may include a clearly labeled subsection within an appendix with individual statements specifically identifying their concerns and exceptions. If no exceptions are stated the City shall assume the consultant understands all of the requirements of the RFQ, including the professional services agreement, DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C Exhibit A
and takes no exceptions to them. The requirements and expectations stated within this RFQ shall be included in the Agreement as an exhibit.

Contractual Requirements / Retainer Agreement
A Retainer Agreement for Architectural Services between the City and Consultant will serve as basic document, in conjunction with a Service Request issued by the City, for each requested service for the period of April 5, 2018, through April 5, 2021.

Please review the included sample agreement, paying special attention to the City’s insurance requirements.

Proposal Submission
The consultant shall provide the information requested within the RFQ. The consultant’s proposal to this RFQ consists of the consultant’s response to the information requested. Proposals should provide a straight forward and concise presentation adequate to satisfy the requirements of this RFQ. Consultants may attach relevant information and documentation not specifically requested.

The consultant shall hand-deliver or mail their proposal to the City at the address listed on the front page of the RFQ so that the proposal is received no later than the date and time specified.

This time and date is fixed and extensions will not be granted. The City does not recognize the U.S. Postal Service, its postmarks or any other organization as its agent for purposes of receiving proposals. All proposals received after the deadline will be rejected.

The consultant shall provide three (3) printed, bound copies of their proposal as well as one electronic copy (in PDF format) of their proposal on CD, DVD, or USB flash drive to be considered responsive. All materials submitted will become property of the City and returned only at the City’s option.

Proposal Selection
Proposals will be reviewed by City staff and evaluated to determine which proposal(s) best meet the criteria of the RFQ. The final selection will be based on completeness, experience with agencies, technical merit, cost competitiveness and time to perform. It is the City’s intention to select at least one firm that has sufficient expertise to handle the variety of projects the City undertakes thereby minimizing the involvement of other firms. However, the City reserves the right to select and contract with more than a single firm for the specified services.

The City reserves the right, without qualification, to:

1. Reject all proposals.

2. Exercise discretion and apply its judgment with respect to any proposals submitted DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C Exhibit A

3. Select proposals which qualify based on the following factors (50 points max):
a. Understanding of the work to be done (12 pts),
b. Experience with similar kinds of work (12 pts),
c. Quality of staff for work to be done (7 pts),
d. Capability of developing innovative or advanced techniques (5 pts), e. Familiarity with state and federal requirements (5 pts), f. Demonstrated technical ability (5 pts),
g. Financial responsibility (4 pts),

4. City staff will review and rank the all proposals received from consultants and recommend the consultant(s) to receive an annual retainer agreement for the work type specified within this RFQ.

A City contract for annual consultant services will be brought to the City Council for its approval.

City staff shall notify the selected Consultant(s) of the final approval of the contract by the City Council. Once submitted all proposals become public records and subject to disclosure, either in part or in whole, under the California Public Records Act.

Selection Interviews
The City reserves the right to hold selection interviews with any consultant submitting a proposal under this solicitation. These interviews will be held solely at the discretion of the City and after the proposal scoring process. The intent of the City is to hold interviews only with top-scoring consultants based on the proposal selection process. The interviews would be attended by representatives of the City as well as the consultant’s designated contact person in charge of any project solicited under the agreement. The selection interview will be used to gain further insight into the consultant’s capabilities for the purpose of making a selection recommendation.

Anticipated Schedule of Award
Staff anticipates scoring written proposals and conducting interviews (if needed) in early March, and providing recommendations to the City Council for consideration of award at the regularly scheduled city council meeting on Thursday, April 5, 2018.

DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C DocuSign Envelope ID: BD20C084-E41A-462A-B46B-DFC55FE67E2C 1217 J Street Modesto CA 95354 209.522.8900 redincarchitects.com 2022 HOURLY FEE SCHEDULE
The following fees are presently in effect for professional services available from our firm:

ARCHITECTURAL SERVICES
Principal Architect $185.00 Per Hour
Senior Project Manager $135.00 Per Hour
Project Manager $120.00 Per Hour
Job Captain $105.00 Per Hour
Project Designer $95.00 Per Hour
Project Draftsman $85.00 Per Hour
Project Administrator $75.00 Per Hour
OTHER
Reimbursables Direct Cost + 10%
Auto Travel $0.58 per mile
General business 6c
March 17, 2022
Lonnie Statzer Public Works Superintendent
City Council Staff Report
Resolution: Approving Resolution 2022-15 Accepting Improvements for Project No. 2022-03, “Emergency Repair of Baker Lift Station” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office.

SUMMARY:

City Council is being asked to accept the improvements and authorize the City Engineer to file a Notice of Completion with the Stanislaus County Recorder’s Office.

ANALYSIS:

On January 31, 2022, the Baker Lift Station Pump 2 discharge pipe was shooting wastewater out in all directions at the 90-degree elbow. The Baker Lift Station was installed in 1998 and over the years the metal fittings and discharge pipes have started to deteriorate. To complete this fix, the set of discharge pipes in the lift station including the 90-degree elbow spools, the ultra-flex couplings on both discharge pipes, and the check valves in the vault next to the lift station will need to be removed and replaced.

Staff contacted Applegate Teeples Drilling Company to get the Baker Lift Station running correctly.

On January 31, 2022, the City Manager deemed the damaged set of pipes in the lift station an emergency and ordered repair to commence immediately without giving notice for bids to let contracts in accordance with Section 22050 of the Public Contract Code under the authority given to him through Council Resolution No. 2018-57 (Exhibit 1). The Emergency Declaration was due to the need to make repairs quickly as a complete failure of the lift station would leave a significant portion of Waterford including River Pointe community without sewer service.

All work has been completed in accordance with staff direction, pertinent building codes and the contractor’s proposal. Staff recommends City Council accept the improvements and authorize the City Engineer to file a Notice of Completion with the Stanislaus County Recorder’s Office.

FISCAL IMPACT
Applegate Teeples Drilling Company provided an initial estimate of $29,266.00 needed for repairs and was able to complete the repairs of this project for the amount proposed.

Total cost……… $29,266.00.

Funding for these improvements will come from FY 21/22 Budget Line 4350-700-7420.

ENVIRONMENTAL REVIEW:

This project is categorically exempted according to Title 14, Chapter 3, Article 19 of the Guidelines for Implementation of the California Environmental Quality Act (CEQA), in accordance with Section 15301 “Existing Facilities.”
ALTERNATIVES:

1. Reject accepting improvements and authorizing the City Engineer to file a Notice of Completion.

Staff does not recommend this alternative as the work has been completed as directed.

ATTACHMENTS:
• Resolution 2022-15
• Notice of Completion
RESOLUTION 2022-15

WATERFORD CITY COUNCIL
RESOLUTION 2022-15
APPROVING RESOLUTION 2022-15, ACCEPTING IMPROVEMENTS FOR PROJECT NO. 2022-03, “EMERGENCY REPAIR OF BAKER LIFT STATION” AND

AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE STANISLAUS COUNTY RECORDER’S OFFICE.

WHEREAS, the City Council of the City of Waterford previously approved the Emergency Repair of the Baker Lift Station project; and WHEREAS, on or around January 31, 2022, the City Manager deemed the damaged discharge pipes at the Baker Lift Station an emergency and ordered repair to commence immediately without giving notice for bids to let contracts in accordance with Section 22050 of the Public Contract Code under the authority given to him through Council Resolution No. 2018-57. The City Manager directed Applegate Teeples Drilling Co., Inc. to make the public improvements in accordance with the contractor’s proposal, and to the satisfaction of the City Engineer; and
WHEREAS, it is the City Engineer’s opinion the improvements have been constructed and installed in accordance with the contractor’s proposal.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATERFORD DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council of the City of Waterford accepts the public improvements into the City of Waterford maintained infrastructure system, such having been inspected by the City Engineer of the City of Waterford.

Section 2. The City Council of the City of Waterford authorizes the City Engineer to prepare the Notice of Completion and cause same to be recorded in the Official Records of Stanislaus County, California.

PASSED, APPROVED, AND ADOPTED by the Waterford City Council of the City of Waterford at a regular meeting this 17th day of March, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

RESOLUTION 2022-15

CITY OF WATERFORD
Jose Aldaco, Mayor
ATTEST: APPROVED AS TO FORM:

PATRICIA KRAUSE, CMC CORBETT J. BROWNING
City Clerk City Attorney

RECORDING REQUESTED BY

CITY OF WATERFORD
WHEN RECORDED MAIL TO:

City Engineer
City of Waterford
101 “E” Street
Waterford, California 95386
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
Notice is hereby given that:

1. The undersigned is a representative of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is the City of Waterford.

3. The full address of the owner 101 E Street, Waterford, California, 95386

4. The nature of the title of the owner is: In fee.

5. A work of improvement on the property hereinafter described was completed in February 21, 2022.

6. The name of the contractor, for such work of improvement was Applegate Teeples Drilling Co., Inc.

7. The nature of the work of improvement was Removal and replacement of damaged discharge pipes and check valves.

8. The property on which said work of improvement was completed is in the city of Waterford, county of Stanislaus, state of California, and is described as follows: Baker Lift Station.

9. The street address of said property is Baker St. South of Yosemite.

I, Robert B. Marler, declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct.

Signing on behalf of City of Waterford
Dated: _________________ By _________________________________________ Robert B. Marler, Waterford City Engineer

VERIFICATION:

I, Robert B. Marler, the undersigned, declare under penalty, under the laws of the State of California that I am the owner, or agent of the owner, of the interest or estate in the property described in the above notice; that I have read the notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Executed on _________________ , at Manteca, California.

Signing on behalf of City of Waterford

_________________________________________
Robert B. Marler, Waterford City Engineer
General Business 6d
March 17, 2022
Lonnie Statzer Public Works Superintendent
City Council Staff Report
Motion: Authorizing Staff to Prepare and Release a Request for Proposal (RFP) Soliciting Contractors for the Project No. 2022-05, “H & I Street Improvement Project.” SUMMARY:

Authorizing Staff to prepare and release a Request for Proposal (RFP) from contractors for the “H & I Street Improvement Project”.

ANALYSIS:

H & I Street are severely dilapidated and in need of major renovations. The proposed improvements will be visible from our main thoroughfare, Yosemite Avenue, and will improve the looks of our town and also will be a huge upgrade for the residents that are affected by the condition of these roads. The H & I Street Improvement Project will be located on H Street between Dorsey Street and Yosemite Blvd, and I Street between Main Street and Bentley Street. The project will consist of the reconstruction of the existing pavement and curb returns, and other miscellaneous concrete repairs.

FISCAL IMPACT:

The engineer’s estimate for this project is $400,000. Sufficient funding for this project will come from the CDBG and Measure L funds.

ENVIRONMENTAL REVIEW:

This project is categorically exempted according to Title 14, Chapter 3, Article 19 of the Guidelines for Implementation of the California Environmental Quality Act (CEQA), in accordance with Section 15301 “Existing Facilities.”
ALTERNATIVES:

1. Council could choose not to use the CDBG and Measure L funds for the “H & I Street Improvement Project” and direct staff to apply the funds towards another City project.

ATTACHMENTS:
 Exhibit A - Bid Authorization Request Summary
 Exhibit B - Sample Agreement
 Exhibit C - Location Map
 Exhibit D - Stanislaus County Notice to Proceed
 Exhibit E - Countersigned NEPA
 Exhibit F - HUD General Conditions

BID AUTHORIZATION REQUEST SUMMARY
Project Name:       H and I STREET IMPROVEMENTS
Proposed Advertisement Date: April 6, 202
Proposed Bid Date:     May 11, 2022
Estimated Construction Schedule: June 6, 2022 – August 5, 2022 Engineer’s Estimate:    $400,000
Funding Sources: CDBG, Measure L
Project Location:

H Street between Dorsey Street and Yosemite Blvd, and I Street between Main Street and Bentley Street.

Project Description:

This project will include the reconstruction of the existing pavement and curb returns, and other miscellaneous concrete repairs. All proposed improvements are within the City’s right‐of‐way.

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A G R E E M E N T
FOR

PUBLIC IMPROVEMENT
PROJECT NO. 2022-05

H & I STREET IMPROVEMENT PROJECT

THIS AGREEMENT, is entered between the CITY OF WATERFORD, a Municipal Corporation, herein called "City", and ____________________ herein called "Contractor", on , 2022.

RECITALS
(a) City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided, and execution of this Agreement.
(b) City solicited a proposal from the Contractor to provide the improvement hereinafter described.
(c) On , after notice duly given, the City Council of said City approved the contract for the completion of the improvements hereinafter described to Contractor, which party the City finds to be qualified to provide the services and material contemplated here.
(d) City and Contractor desire to enter into this Agreement for the construction of said improvements.

IT IS AGREED AS FOLLOWS:

1. Scope of Work:

Contractor shall perform the work described briefly as follows:

This project will include the reconstruction of the existing pavement and curb returns, and other miscellaneous concrete repairs. All proposed improvements are within the City’s right‐of‐way, as necessary as described in Contractor’s proposal, dated
.

The aforesaid improvements are further described in the plans, C-2
specifications and technical requirements for such project, copies of which are on file in the office of the City Engineer, previously provided to Contractor, and which are incorporated herein by reference as if set forth fully herein.

2. The Contract:

The complete contract consists of the following documents: This Agreement, the notice to contractors, the Contractor's accepted proposal, general conditions, special provisions, plans and detailed drawings, faithful performance bond and labor and materials bond and any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a satisfactory and acceptable manner. The Current Edition of the "City of Waterford Standard Specifications and Drawings" is hereby incorporated as a part of the contract.

All rights and obligations of City and Contractor are set forth and described in the contract.

All of the above-named documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the "contract". In case of any dispute, the decision of the City Engineer shall be final.

3. Schedule:

All work shall be performed in accordance with the schedule provided by City Engineer, and under his direction.

4. Equipment & Performance of Work:

Contractor shall furnish all tools, equipment, facilities, labor and materials necessary to perform and complete in good workmanlike manner the work of general construction as called for and, in the manner, designated in and in strict conformity with the plans and specifications for said work, which said specifications are entitled, "Special Provisions Proposal & Contract for “Dog Park Project”
The equipment, apparatus, facilities, labor and material shall be furnished, and said work performed and completed as required in said plans and specifications under the direction and supervision, and subject to the approval, of the City Engineer of said City, or his designated agent.

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5. Contract Price:

City shall pay, and Contractor shall accept in full payment for the work above agreed to be done, the sum of: ($xxx,xxx). Said
price is determined by the unit prices contained in Contractor's bid. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, said work and materials will be paid for at the unit price therein contained. Said amount shall be paid in installments as hereinafter provided.

6. Time for Performance:

Contractor shall commence work on XXXX and complete all work as described in the bid documents within 60 calendar days. All pavement replacement, sidewalks, curbs and gutters related to the rehabilitation of Summer Street shall be completed by XXXXX.

7. Rights of City to Increase Working Days:

If such work is not completed within such time, the City Council shall have the right to increase the number of working days in the amount it may determine will best serve the interests of the City, and if it desires to increase said number of working days, it shall have the further right to charge the Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension except that the cost of the final service and preparation of the final estimates shall not be included in such charges; provided, however, that no extension of time for completion of such work shall ever be allowed unless requested by Contractor at least twenty (20) calendar days prior to the time herein fixed for the completion thereof, in writing, with the City Clerk, addressed to the City Council. In this connection, it is understood that the City Clerk shall not transmit any such request to the City Council if not filed within the time herein prescribed.

8. Option of City to Terminate Agreement in Event of Failure to Complete Work:

If Contractor shall have refused or failed to prosecute the work, or any severable part thereof, with such diligence as will insure its completion within the time specified or any extensions thereof, or shall have failed to complete said work within such time if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's C-4
insolvency, or if Contractor or any subcontractor should violate any of the provisions of this Agreement, the City Engineer or the City Council may give written notice to Contractor and Contractor's sureties of its intention to terminate this Agreement, and unless within five (5) days after the serving of such notice such violation shall cease and satisfactory arrangements for the correction thereof made, this Agreement may, at the option of City, upon the expiration of said time, cease and terminate.

9. Liquidated Damages:

In the event Contractor for any reason shall have failed to perform the work herein specified within the time herein required and to the satisfaction of the City Engineer, City may, in lieu of any other of its rights authorized by paragraph 8 of this Agreement, deduct from payments or credits due Contractor after such breach, a sum equal to ONE THOUSAND DOLLARS ($1,000) as liquidated damages for each calendar day beyond the date herein provided for the completion of such work.

10. Performance by Sureties:

In the event of any termination as herein-before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the Agreement; provided, however, that if the sureties within five (5) days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) days after notice to the City of such election, City may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable for the account, and at the expense of Contractor and the Sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefore.

11. Disputes Pertaining to Payment for Work:

Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to contractor during the performance of this contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive.

12. Permits, Compliance with Law:

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Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law.

13. Superintendence by Contractor:

Contractor shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the City Engineer on the work at all times during progress, with authority to act for him.

14. Inspection by City:

Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation.

15. Extra and/or Additional Work and Changes:

Should City at any time during the progress of said work request any alterations, deviations, additions, or omissions from said specifications or plans or other contract documents, it shall be at liberty to do so, and the same shall in no way affect or make void the contract, but will be added to or deducted from the amount of said contract price as the case may be, by fair and reasonable valuation. Request for such change must be made in writing signed by the City Engineer, shall be accompanied by plans and specifications for such propose, shall be accepted in writing by Contractor and Contractor's surety.

16. Inspection and Testing of Materials:

Contractor shall notify City a sufficient time in advance of the manufacture of production materials to be supplied by Contractor under this contract in order that City may arrange for mill or factory inspection and testing of same, as required by the City.

Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection will not be required shall not be incorporated on the job of said improvement.

C-6
Contractor shall also furnish City, in triplicate, certified copies of all factory and mill test reports upon request.

17. Permits and Care of the Work:

Contractor has examined the site of the work and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of this Agreement. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

18. Other Contracts:

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

19. Payments to Contractor:

Payments are to be made to the Contractor in accordance with the provisions of Section 9 of the General Conditions of said specifications in legally executed and regularly issued warrants of the City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof.

20. Contract Security:

Concurrently with the execution hereof, Contractor shall furnish on the forms provided (1) a surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the faithful performance of this contract; and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract. Sureties on each of said bonds thereof shall be satisfactory to the City Manager.

21. Hold-Harmless Agreement and Contractor's Insurance:

C-7
Contractor hereby agrees to and shall hold City, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims, for damage for personal injury including death, or any of subcontractor's operations under this Agreement, whether such operations be by contractor or by any subcontractor, or subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, contractor or any subcontractor or subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents and employees from any suits or actions at law or inequity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations provided as follows:
(a) That City does not, and shall not, waive any rights against Contractor which it may have by reason for the aforesaid hold-harmless agreement because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 22 hereof.
(b) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any subcontractor, regardless of whether such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

22. Contractor's Insurance:

The Contractor shall take out and maintain during the life of his contract, such Commercial General Liability and Property Damage Insurance as shall protect him, the Owner, the Engineer, and their agents from all claims for personal injury, including accidental death, as well as from all claims for personal injury, including accidental death, as well as from all claims for property damage arising from operation under this Contract. The amounts of such insurance shall be as hereinafter set forth.

The Contractor shall require the subcontractors, if any, to take out and maintain similar Commercial General Liability and Property Damage Insurance.

In case any of the work under this Contract is to be performed on, or at, the site of the project by the subcontractor, the contractor shall take out and maintain such contractor's Contingent or Protective Insurance as will protect him, the Owner, and the Engineer from damage claims arising from the operations of any subcontractor. The amounts of such insurance shall be hereinafter set forth.

C-8
As above provided, the Contractor shall take and maintain:
(a) Minimum Scope of Insurance
Coverage shall be at least as broad as:
(1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance
Service Office form number GL 0404 covering Broad Form
Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" Form CG 0001)
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any Auto" and
endorsement CA 0025.
(3) Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability insurance.
(b) Minimum Limits of Insurance
Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
(3) Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident.
(c) Deductibles and Self-Insured Retention:

Any deductible or self-insured retention must be declared to and C-9
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductible for self-insured retention as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall post a security (including but not limited to cash, letter of credit, etc.) guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (d) Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) General Liability and Automobile Liability Coverage (a) The City, its officers, officials, employees, and
volunteers are to be covered as insured as respects:

Liability arising out of activities performed by or on
behalf of the Contractor, products and completed
operations of the Contractor, premises owned, occupied
or used by the Contractor, or automobiles owned,
leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, officials, employees, and volunteers.
(b) The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers, shall be excess of the
Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, or volunteers.
(d) The Contractor's insurance shall apply separately to each insured against whom claim is made for suit is
brought, except with respect to the limits of the insurer's liability.
(2) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, or volunteers C-10
for losses arising from work performed by the Contractor for the City.
(3) All Coverage:

Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
(e) Acceptability of Insurer:

Insurance is to be placed with insurers with a Best's rating of no less than A:VII.

If the Contractor has fully satisfied the City of his responsibility and capacity under the applicable workmen's compensation laws, if any, to act as self-insurer, he may so act, and in such a case, the insurance required in the paragraph second above need not be provided.

In the event the form of any policy or certificate, or the amount of the insurance or the companies writing same are not satisfactory to the City, the Contractor shall furnish other policies or certificates in form and amount, and with companies satisfactory to the City. The Contractor shall not cause any policies to be canceled or permit it to lapse, and all policies shall include a clause to the effect that the policy or certificate shall not be subject to cancellation or to a reduction in the required limits of liability or amounts of insurance until notice has been mailed to the City stating when, not less than ten (10) days thereafter, such cancellation or reduction shall be effective. All certificates of insurance, authenticated by the proper officer of the insurer, shall state in particular those insured, the extent of the insurance, the location and operations to which the insurance applies, the expiration date, and the above-mentioned notice of cancellation clause.

The Contractor shall furnish to the City at the date of delivering the signed contracts and bonds, certificates or riders duly executed on behalf of the surety company, certifying as to the amounts of insurance carried, and providing for the coverage therein of the City, its officers, agents, and employees, within all risks arising out of the project.

23. Proof of Carriage of Insurance:

Contractor shall furnish City on City Forms, through the City Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the C-11
insurance required, and that each carrier shall give City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of this contract.

24. Wages & Hours of Employment:

In the performance of this contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this Agreement shall be the current prevailing scale of wages determined by the Director of the Department of Industrial Relations for the community and on file with the City Engineer.

The Contractor shall forfeit as penalty to the City, Twenty-Five Dollars ($25) to be paid to the City of Waterford for each workman employed in the execution of this Agreement by him or by any subcontractor, for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Article 3, Chapter 1, Part 7, a Division 2, of the Labor Code of the State of California, and all amendments thereto.

25. Emergency - Additional Time for Performance - Procurement of Materials:

If, because of war or other declared national emergency, the Federal or State Government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, contractor is through no fault of the contractor, unable to perform this Agreement, or the work is thereby suspended or delayed, any of the following steps may be taken.
(a) City may, pursuant to resolution of the Council, grant Contractor additional time for the performance of this Agreement, sufficient to compensate in time, for delay or suspension.

To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify City Engineer in writing thereof, and give specific reasons therefore; City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this Agreement, or permit substitution, or provide for changes in the work in accordance with other provisions of this Agreement. Substituted materials, or changes in the work, or both, shall be ordered in writing by City Engineer, and the concurrence of the Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or (b) If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may, upon thirty (30) days' written notice to the other, terminate this Agreement.

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In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a costplus ten percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided the Contractor shall take all steps possible to minimize this obligation; or
(c) City Council, by resolution, may suspend this Agreement until the cause of inability to perform is removed but for a period of not to exceed sixty (60) days.

If this Agreement is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Agreement may have been suspended, as hereinabove provided, City Council may further suspend this Agreement, or either party hereto may, without incurring any liability, elect to declare this Agreement terminated upon the ground of impossibility of performance. In the event City declares this Agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Agreement rate for such portion of the Agreement as may have been performed, or (d) City may terminate this Agreement, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Agreement as may have been performed. Such termination shall be authorized by resolution of the Council. Notice thereof shall be forthwith given in writing to Contractor, and this Agreement shall be terminated upon receipt by Contractor of such notice. In the event of the termination provided in this sub-paragraph (d), none of the covenants, conditions or provisions hereof shall apply to the work not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.

26. Provisions Cumulative:

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

27. Notices:

All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.

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Notices required to be given to City shall be addressed as follows:

PUBLIC WORKS DIRECTOR, CITY OF WATERFORD, P. O. BOX 199, WATERFORD, CA 95386
Notices required to be given to Contractor shall be addressed as follows:
___________

Notices required to be given sureties of Contractor shall be addressed as follows:

28. Interpretation:

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

29. Anti-Trust Claims:

The Contractor or subcontractor offers and agrees to assign to the City all rights, title and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning anti-trust claims.

IN WITNESS WHEREOF, four identical counterparts of this Agreement, consisting of a total of 13 pages, each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written.
(Attach Contractor's CITY OF WATERFORD,
Notary Seal here) A MUNICIPAL CORPORATION
By: By:__________________________
Contractor
Michael G. Pitcock, City Manager
Address:

APPROVED AS TO FORM:

Phone: By: ________
C-14

Federal Tax ID # Corbett J. Browning, City Attorney
_
OR APPROVED AS TO SUFFICIENCY:

Social Security # MCR ENGINEERING

By:_______________________________

Rob Marler, City Engineer
ATTEST:

By:______________________________

Patricia Krause, City Clerk
0 NORTH 100 50 WATERFORD, CA "H" (DORSEY TO YOSEMITE) & "I" (MAIN TO YOSEMITE) STREET IMPROVEMENTS ENGINEERING w w w . m c r e n g . c o m MCR ENGINEERING, INC. 1242 DUPONT COURT MANTECA , CA 95336 TEL : ( 209 ) 239 - 6229 FAX : ( 209 ) 239 - 8839 EX. 01 - SITE MAP AND LIMITS "H" STREET CHURCH STREET "I" STREET ALLEY PECAN AVENUE

MAIN STREET

BENTLEY STREET
DORSEY STREET "G" STREET YOSEMITE BLVD (SR 132) ALLEY ACCESSIBILITY RAMP UPGRADE ACCESSIBILITY RAMP UPGRADE SIDEWALK INFILL REPLACE FAILED CURB, GUTTER & SIDEWALK (TYP) REPLACE FAILED CURB, GUTTER & SIDEWALK (TYP) SIDEWALK INFILL PROJECT LIMITS (TYP) PROJECT LIMITS (TYP)

DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
1010 10TH Street, Suite 3400, Modesto, CA 95354
Planning Phone: (209) 525-6330 Fax: (209) 525-5911
Building Phone: (209) 525-6557 Fax: (209) 525-7759
__________________________________________________________________________________________________________ 1 Housing Urban Development (HUD)
Supplemental General Conditions
Documents Packet
All Bidders Must Review This Document And Complete Any
Applicable Pages And Submit Said Pages At The Time Of The Bid Opening
STRIVING TOGETHER TO BE THE BEST!
2 CONTRACT PROVISIONS
(Required in all County bidding and contract documents for HUD-funded projects) Contractor is required to comply with the following provisions:

A. Procurement
Contractor must comply with 24 CFR Part 85.36 and 24 CFR Part 570.489 when purchasing materials, products or services with federal funds.

B. Compliance with Equal Employment Opportunity (EEO) – Executive Order 11246 dated 9/24/65 as amended by Executive Order 11375 dated 10/13/1967 (24 CFR 85.36 (i) (3))
During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in visible places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in visible places available to employees and applicants for employment.

4. The Contractor will comply with all provisions of Executive Order 11246 (Equal Employment Opportunity) of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor.

5. The Contractor will furnish all information and reports required by Executive Order 11246 (Equal Employment Opportunity) of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 (Equal Employment Opportunity) of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 (Equal Employment Opportunity) of September 24, 1965, or by the rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order 3 unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 (Equal Employment Opportunity) of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.

C. Minority and Women Business Enterprise
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 24 CFR Part 85.3636(e) in the award and administration of HUD assisted contracts.

Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

D. Compliance with Anti-Kickback Act (24 CFR 85.36 (i) (4)) In carrying out this agreement, the Contractor hereby agrees to adhere to the mandate dictated by the Copeland "Anti-Kickback" Act (18 U.S.C. 874) which provides that each Contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the completion of work, to give up any part of the compensation to which he is otherwise entitled.

E. Compliance with Davis Bacon Act (40 U.S.C. 276a to 276a-7) (24 CFR 85.36 (i) (5))
In carrying out this agreement, the Contractor hereby agrees to comply with the requirements of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented in the US Department of Labor regulations 29 CFR Part 5, respective to construction contracts in excess of $2,000 awarded by grantees and subgrantees.

F. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (24 CFR 85.36 (i) (6))
In carrying out this agreement, the Contractor hereby agrees to comply with the requirements of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) as supplemented in US Department of Labor regulations 29 CFR Part 5, respective to construction contracts in excess of $2,000 awarded by grantees and subgrantees, and $2,500 for other contracts which involve the employment of mechanics or laborers.

G. Contract Work Hours and Safety Standards Act, as Amended (40 USC 327-333)
The Contract Work Hours and Safety Standards Act, as amended, requires overtime pay for laborers and mechanics at a rate of one and one-half times the basic rate of pay for hours worked on covered contracts in excess of 40 hours in a workweek. This act also requires the assessment of liquidated damages at the rate of $10 per day for each day that each laborer and mechanic worked without payment of the required overtime compensation. This act has no job site limitation.

H. Copyright and Patent Rights (24 CFR 85.36 (i) (8)(9)) No reports, handbooks, documents, maps, data, or pamphlets produced in whole or in part under this contract will be the subject of any application for copyright by, or on behalf of the contractor. The U.S. Department of Housing and Urban Development, the County of Stanislaus, and/or Stanislaus Urban County awarding this contract shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor’s services.

I. Access to Records (24 CFR 85.36 (i) (10))
The Contractor shall maintain accounts and records, including personnel, property and financial 4 records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the grantee to assure proper accounting for all funds applicable to this contract. The County, City, U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract, for the purpose of making audit, examination, excerpts, and transcriptions.

J. Records Retention (24 CFR 85.36 (i) (11))
The Contractor shall retain all records pertaining to this contract for a period of five (5) years after final payments and all other pending matters are closed.

K. Compliance with Clean Air and Water Acts (24 CFR 85.36 (i) (12)) In carrying out this agreement, the contractor agrees to comply with the requirements of the Federal Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended. Such statutes and regulations prohibit the use under non-exempt federal contracts, grants or loans of facilities included on the Environmental Protection Agency’s List of Violating Facilities.

L. Energy Conservation (24 CFR 85.36 (i) (13))
In carrying out this agreement, the contractor agrees to comply with the requirements of mandatory standards and policies relating to energy efficiency which are contained in the State of California’s energy conservation plan issued in compliance with the federal Energy Policy and Conservation Act (PL 94-163, 89 Statutes 871).

M. Federal Labor Standards Provisions: (Applicable to construction contracts in excess of $2,000 or residential rehabilitation contracts involving more than eight units)
The Project or program to which the construction work covered by this Contract pertains is being assisted by the United States of America and the Federal Labor Standards Provisions as set forth on Attachment 1 are included in this Contract pursuant to the provisions applicable to such Federal assistance. These provisions must be complied with or sanctions will be instituted.

The Contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of paragraph A of the Federal Labor Standards Provisions (Attachment 1) and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in paragraph A of the Federal Labor Standards Provisions (Attachment 1).

N. Compliance in the Provision of Training, Employment, and Business Opportunities – Section 3
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC, 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the area of the Section 3 covered project, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the Section 3 covered project.
5 O. Title VI Civil Rights Act of 1964:

During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”), agrees as follows:

1. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices.

2. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin.

3. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, their sources of information and its facilities as may be determined by the Stanislaus Urban County (awarding agency)* or the United States Department of Housing and Urban Development to be pertinent to ascertain compliance with such regulations, orders and instructions. Where any information is required or a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Stanislaus Urban County (awarding agency) or the United States Department of Housing and Urban Development, as appropriate, and shall set forth what efforts it has made to obtain the information.

4. In the event of the contractor’s noncompliance with the nondiscrimination provisions of this contract, the Stanislaus Urban County (awarding agency) or the United States Department of Housing and Urban Development shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies; and/or,
(b) Cancellation, termination or suspension of the contract, in whole or in part.

5. The contractor shall include the provisions of paragraph (N1) through (N5) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Stanislaus Urban County (awarding agency) or the United States Department of Housing and Urban Development may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Stanislaus County Urban County (awarding agency) to enter into such litigation to protect the interests the Stanislaus Urban County (awarding agency), and, in addition, the contractor may request the United States Department of Housing and Urban Development to enter into such litigation to protect the interests of the United States. * Stanislaus Urban County Awarding Agencies: Stanislaus County, City of Ceres, City of Hughson, City of Newman, City of Oakdale, City of Patterson, City of Riverbank, and City of Waterford. 6 P. Title VIII Civil Rights Acts of 1968 (as applicable):

The contractor shall comply with Title VIII Civil Rights Acts of 1968 which prohibits discrimination in the sale or rental of dwellings (as defined), discrimination in the financing or housing, blockbusting, and discriminatory advertising; and makes it unlawful to deny any person access to, or membership or participation in, any multiple listing service or real estate broker organization for discriminatory reasons.

NOTE: The above contract provisions are required by 2 CFR Part 200

FORMS, REPORTS, AND POLICY
This project is governed under Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 1351], which provides preference to low-to very low-income residents of the local community (regardless of race or gender), and the businesses that substantially employ these individuals, for new employment, training and contracting opportunities.

Required Section 3 Forms, Reports and Section 3 Opportunity Plan A Section 3 Opportunity Plan Form must be completed by bidders or applicants seeking funding from the Stanislaus County for a Section 3 covered project. The Section 3 Opportunity Plan must be submitted with the project bid or grant application.

Forms included in the Section 3 Opportunity Plan:

1. Outreach Efforts to Section 3 Businesses

2. Section 3 Business Certification Form

3. Compliance Requirement Acknowledgment Form

4. Estimated Project Workforce Statement

5. Estimated Contractor Workforce Statement
What is Section 3?
Section 3 is a HUD requirement designed to ensure that the HUD funds invested in housing and community development activities provide employment opportunities for low income people.

HUD’s regulations state that “to the greatest extent feasible,” businesses and employers working on select HUD-funded projects must make a good faith effort to train and employ low-to very low-income individuals in the area (called “Section 3 residents”) and also to contract with business identified as Section 3.

In summary, the obligations of Section 3 are:

1. Provide training for Section 3 residents, and report on the outreach and training undertaken.

2. To the greatest extent feasible hire and train Section 3 residents, and report on employees and new hires.

3. To the greatest extent feasible contract with Section 3 businesses, and report on contracts and subcontracts.
7 Contracting Obligations: Applies to CDBG Projects Valued at $100,000 or More Section 3 requires that award recipients fulfill the following obligations:

1. Show commitment to meet HUD’s contracting requirement (the “minimum numerical target for contracting”) that Section 3 businesses receive at least 10% of the building trades contracts for the project, and at least 3% of the total amount for all non-building trade contracts.

2. “To the greatest extent feasible” contract with Section 3 business concerns identified as:
a. 51 percent or more owned by Section 3 residents; or
b. At least 30 percent of its full-time employees include persons that are currently Section 3 residents, or were Section 3 residents within 3 years of the dated of first hire; or c. Provides evidence, as required, of a commitment to subcontract in excess of 25 percent (25%) of the dollar award of all subcontractors to businesses that meet one of the qualifications above.

Hiring Obligations: Applies to All CDBG Projects
Section 3 requires that award recipients fulfill the following obligations to the greatest extent feasible when new employees are hired:

1. Meet HUD’s hiring requirement (the “minimum numerical target for training and employment”) that 30% of new hires be Section 3 individuals.

2. “To the greatest extent feasible” provide preference to hire area residents who are:
a. Low- to very low- income residents of the housing development or developments in which the HUD funds shall be expended; or
b. Low- to very low- income residents of other housing developments managed by the local Housing Authority; or
c. Participants in HUD Youthbuild Programs; or
d. All other residents (including Section 8 recipients) of Stanislaus County who meet the lowto very low-income guidelines for Section 3 preference. ***This space intentionally left blank.***
8 Section 3 Opportunity Plan Form
Purpose
The purpose of the Section 3 Opportunity Plan is to ensure that jobs and economic opportunities generated by the U. S. Department of Housing and Urban Development (HUD) financial assistance for housing and community development programs shall be directed to low- and very low- income persons to the greatest extent feasible, particularly those who are recipients of government assistance for housing and business concerns providing such opportunities.
________________________________________________________________________________________

BIDDER OR APPLICANT
________________________________________________________________________________________ RFP # and PROJECT NAME
________________________________________________________________________________________

CONTACT NAME TELEPHONE EMAIL (IF APPLICABLE)
Requirements
The submitter of this Section 3 Opportunity Plan hereby agrees to comply with all of the provisions of Section 3 as set forth in 24 CFR 135, which implements Section 3 requirements.

The Section 3 Opportunity Plan must be submitted with the Request for Proposal (RFP), contract response, or grant application to Stanislaus County’s Department of Planning and Community Development or the appropriate Division/Department issuing the applicable request.

If a contract is awarded, a Section 3 Summary Report identifying progress in meeting the goals established in this Plan must be submitted monthly for projects throughout the contract period. The Section 3 Summary Report shall be submitted no later than 10 days after the end of each calendar month of the contract (e.g.

January 10th, February 10th, etc.). For any goal not met, the report shall identify other economic opportunities that the contract recipient has or intends to provide.

The failure of the contract recipient to comply with the approved Plan shall be considered an event of default under the contract agreement.
9 Compliance Requirement Acknowledgement
The failure of the bidder or applicant to comply with the Section 3 Opportunity Plan shall be considered an event of default under the contract agreement.

ACKNOWLEDGED BY:
______________________________________________________

PRESIDENT OR AUTHORIZED OFFICER (PLEASE PRINT)
____________________________________________________ _________________________

SIGNATURE DATE
____________________________________________________________________________________

BUSINESS OR ORGANIZATION NAME
***This space intentionally left blank.***
10 Section 3 Outreach Efforts Form
Outreach Efforts to Section 3 Businesses: Applies to Projects of $100,000 or More Documentation of efforts to engage Section 3 businesses must be provided with responses to RFPs and grant applications.

Project Name: ________________________________________________________________ This form is to be completed by bidders or applicants seeking funding under a Stanislaus County Department of Planning and Community Development Section 3 covered program (or any other Stanislaus County Division/Department when Section 3 applies).

Organization: _______________________________________________________________________ Submitted By: ______________________________________________________________________ The following businesses identified as Section 3 were contacted to determine capacity and availability to work on the above-listed project:

1. Company: __________________________________________________________________ Contact: ____________________________________________________________________ Telephone/Email: ____________________________________________________________ Date(s) Contacted: ___________________________________ Quote Provided (Y/N): ___ Follow-up Action and Company Response: ______________________________________ ______________________________________________________________________ _______________________________________________________________ _______________________________________________________________

2. Company: __________________________________________________________________ Contact: ____________________________________________________________________ Telephone/Email: ____________________________________________________________ Date(s) Contacted: ___________________________________ Quote Provided (Y/N): ___ Follow-up Action and Company Response: ______________________________________ ______________________________________________________________________ _______________________________________________________________ _______________________________________________________________ 11 3. Company: __________________________________________________________________ Contact: ____________________________________________________________________ Telephone/Email: ____________________________________________________________ Date(s) Contacted: ___________________________________ Quote Provided (Y/N): ___ Follow-up Action and Company Response: ______________________________________ ______________________________________________________________________ _______________________________________________________________ _______________________________________________________________

4. Company: __________________________________________________________________ Contact: ____________________________________________________________________ Telephone/Email: ____________________________________________________________ Date(s) Contacted: ___________________________________ Quote Provided (Y/N): ___ Follow-up Action and Company Response: ______________________________________ ______________________________________________________________________ _______________________________________________________________ _______________________________________________________________

5. Company: __________________________________________________________________ Contact: ____________________________________________________________________ Telephone/Email: ____________________________________________________________ Date(s) Contacted: ___________________________________ Quote Provided (Y/N): ___ Follow-up Action and Company Response: ______________________________________ ______________________________________________________________________ _______________________________________________________________ _______________________________________________________________ (Attach additional sheets if necessary)
12 Section 3 Business Certification Form
Required if Section 3 businesses are included in the bid or application Businesses seeking Section 3 status and preference in contract by Stanislaus County must complete and submit a Section 3 Business Certification Form.

Business Name: _____________________________________________________________________ Address: ___________________________________________________________________________ City: _______________________ State: _____________________ Zip: _____________ Federal Employer Identification Number: ______________________ Duns Number: __________ Type of Business:

Corporation  Partnership  Sole Proprietorship  Joint Venture  ____________________________________________________________________________ Please select one of the following three qualification methods for status as a Section 3 business.

Section 3 resident-owned business (51 % of more owned by Section 3 residents) The following documents may be required in the future as added confirmation of status • Complete list of Section 3 resident owners
• Section 3 Resident Certification Forms for each Section 3 resident owner At least 30 % of permanent, full-time workforce are currently Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with the business The following documents may be required in the future as added confirmation of status • Complete list of all current full-time employees
• Complete list of employees claiming Section 3 status and employees Section 3 Resident Certification forms.
• Other evidence of Section 3 status less than 3 years for date of employment Subcontracting 25% of the dollar amount awarded to qualified Section 3 businesses The following documents may be required in the future as added confirmation of status • Complete list of subcontracted Section 3 businesses and subcontract amount ____________________________________________________________________________________ I certify to the best of my knowledge that the information contained here within is true and accurate.

Signature: ______________________________________________ Date: __________________ Print Name: ___________________________________________ Title: __________________ 13 Estimated Project Workforce Statement
Applies to all projects
Project Name: ______________________________________________________________________ To be completed by bidders or applicants seeking funding under a Stanislaus County Section 3 covered program.

Company/Organization: ______________________________________________________________ Submitted By: _______________________________________________________________________ ___________________________________________________________________________________ The bidder or applicant hereby submits this statement that identifies employment opportunities for Section 3 residents during the term of the contract. The bidder or applicant affirms that the jobs identified shall be meaningful employment that may or may not be related to the scope of the services of this project. The bidder or applicant has committed to employ Section 3 residents, which represents % of employment opportunities identified.

The estimated project workforce listed below is provided to comply with the Section 3 Plan requirements established by Stanislaus County. The attached Estimated Contractor Workforce forms support the information provided.

Job Category Positions Occupied by
PermanentEmployees
Number of
Positions
Not Occupied
Total Estimated
Positions Needed
for the Project
Totals
Occupied Positions Include:
_______________ Neighborhood Residents _____________ Public Housing Residents 14 Estimated Contractor Workforce Statement
Applies to all projects
Project Name: _______________________________________________________________________ To be completed by all contractors included in the bid or application.

Company/Organization: ______________________________________________________________ Submitted By: ______________________________________________________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________ The estimated workforce listed below is provided to comply with the Section 3 Opportunity Plan requirements established by Stanislaus County.

Job Category Number of Positions
Occupied by
Permanent Employees
Number of
Positions
Not Occupied
Total Estimated
Positions Needed
for the Project
Totals
Occupied Positions Include:
_______________ Neighborhood Residents _____________ Public Housing Resident 15 SECTION 3 SUMMARY REPORT
Company Name: _________________________ Report Period (month/year): ___________ Contact Name: ________________________ Date Report Submitted: _______________ Phone Number: __________________________ Project Award Amount: _______________ Project Name: ________________________ Project Award Date: ________________ Part I: Employment and Training
Final Report (check here): ___________ Signature: ________________________________

A B C D E F
Job Category Number of New
Hires
Number of
Section 3
New Hires
% of Total
Number of Staff
Hours of Section
3 New Hires
% of Total Staff
Hours for
Section 3
Employees &
Number of
Section 3
Trainees
Professionals
Technicians
Office/Clerical
Construction by
Trade (list)
Trade:

Trade:

Trade:

Trade:

Other (list)
Totals
16 Part II: Contracts Awarded Construction
Contracts
A. Total dollar amount of all construction contracts on this project: $ ______________________ B. Total dollar amount of contracts awarded to Section 3 businesses: $ ______________________ C. Percentage of total dollar amount awarded to Section 3 businesses: _____________________ % Total number of Section 3 businesses receiving contracts: ______________________ Non-Construction Contracts
A. Total dollar amount of all non-construction contracts: $ ______________________ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses: $ _________ C. Percentage of the total dollar amount awarded to Section 3 businesses: ___________ % Total number of Section 3 businesses receiving contracts: ____________ Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low- to very-low income persons, particularly those who are recipients of government assistance for housing. Check all that apply.
□ Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contacts with community organizations and public or private agencies operating within the County/City in which the Section 3 covered program or project is located or similar methods.
□ Participated in a HUD program or other program which promotes the training or employment of Section 3 businesses.
□ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. □ Coordinated with Youthbuild programs administered in the metropolitan area in which Section 3 covered project is located.
□ Other (please describe)
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 17 I hereby certify that all information contained above is accurate, complete, and current to the best of my knowledge. I understand that if I do not submit a complete Section 3 Report by the 10th of each month as indicated in the instructions, Stanislaus County reserves the right to withhold payment until a completed Section 3 Summary Report is submitted.
____________________
Signature of the Preparer Date
Print Name of Preparer
***This space intentionally left blank.***
18 Section 3 Summary Report Instructions
Contractors are required to complete and submit a Section 3 Summary Report each month throughout the life of the project. Information reported is cumulative and should run through the last day of the reporting each month. Example: A report period of May 2015 will document required information from the start of the project through the last day of May 2015.

Reports are due by the 10th day of each month. Example: If the report period is May 2020, the Section 3 Summary Report is due June 10, 2020.

Part I: Employment and Training
Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. architects, engineers, surveyors, planners, and computer programmers).

For construction positions, list each trade and provide data in Columns B through F for each trade where persons were employed. The category of “Other” includes occupations such as services workers.

Column B: Enter the number of all new hires (throughout the life of the project) for each category of workers identified in Column A. New hire refers to a person who is not on the award recipient’s or contractor’s payroll for employment at the time of the selection for project award. Each new hire must complete a Section 3 Resident Certification Form to determine Section 3 status. The form must be completed once and submitted with the Section 3 Summary Report during the month that the new hire appears.

Column C: Enter the number of Section 3 new hires (throughout the life of the project) for each category of workers identified in Column A. Section 3 new hires refers to a Section 3 resident who is not on the award recipient’s or contractor’s payroll for employment at the time of selection for the contact award.

Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this contract.

Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees.

Include staff hours for part-time and full-time positions.

Column F: Enter the number of Section 3 residents who were trained in connection with this contract award.

Part II: Contracts Awarded
Construction Contracts
Item A: Enter the total dollar amount of all construction contracts awarded. You may enter “0” if applicable.

Item B: Enter the total dollar amount of construction contract on this project awarded to Section 3 businesses for each Section 3 business reported, a Section 3 Business Form must be submitted.

The form only needs to be completed and submitted once. You may enter “0” if applicable.

Item C: Enter the percentage of the total dollar amount of contracts awarded to Section 3 businesses.

You may enter “0” if applicable.

Item D: Enter the number of Section 3 businesses receiving construction contacts. You may enter “0” if applicable.

Non-Construction Contracts
Item A: Enter the total dollar amount of all non-construction contracts awarded. You may enter “0” if applicable.

Item B: Enter the total dollar amount of non-construction contracts awarded to Section 3 businesses.

You may enter “0” if applicable.
19 Item C: Enter the percentage of the total dollar amount of non-contracts awarded to Section 3 businesses. You may enter “0” if applicable.

Item D: Enter the number of Section 3 businesses receiving non-construction contacts. You may enter “0” if applicable.

Part III: Summary
Indicate which Section 3 outreach activities the recipient and its contractors performed prior to hiring new or contracting for the project.
***This space intentionally left blank.***
20 Section 3 Resident Certification Form
This form is to be completed by residents seeking Section 3 status and the preference in training and employment or by new employees working on Section 3 covered projects.

Eligibility
A resident seeking Section 3 status shall submit evidence to the recipient contractor of subcontractor that the person is a Section 3 resident, as defined I Section 135.5. (An example of evidence of eligibility for the preference is evidence of receipt of public assistance or evidence of participation in a public assistance program.) Section 3 residents are:
 All residents of public housing developments of the local Housing Authority qualify as Section 3 residents.
 All individuals residing in all Stanislaus County who meet the low-to very low-income limits set forth below qualify as Section 3 status. (A photo identification card and proof of current residency is required.)
2021 HUD ANNUAL HOUSEHOLD INCOME LIMITS effective June 1, 2021 Select the statement that represents your household size and from that statement check the appropriate annual income level for your household, as verified by Federal Income Tax Returns, W-2s, Paycheck Stubs or other documents.

Low-Very Low Income Non-Low Income
My household size is 1 and my
annual income was
$39,950
or Less
More than
$39,950
My household size is 2 and my
annual income was
$45,650
or Less
More than
$45,650
My household size is 3 and my
annual income was
$51,350
or Less
More than
$51,350
My household size is 4 and my
annual income was
$57,050
or Less
More than
$57,050
My household size is 5 and my
annual income was
$61,650
or Less
More than
$61,650
My household size is 6 and my
annual income was
$66,200
or Less
More than
$66,200
My household size is 7 and my
annual income was
$70,750
or Less
More than
$70,750
My household size is8 and my annual
income was
$75,350
or Less
More than
$75,350
I certify that the information provided is true and correct. I also agree that the information contained in this survey may be shared with other agencies in order to verify the eligibility or ineligibility of this project if necessary. I understand that anyone who fraudulently covers up a material fact or who knowingly gives false information required for eligibility determination is subject to prosecution under applicable criminal law.

Print Name: ________________________________________________________________________ My permanent address is: ____________________________________________________________ Signature: ______________________________________ Date: _________________________ 21 EQUAL EMPLOYMENT OPPORTUNITY, CIVIL RIGHTS AND
SECTION 3 CERTIFICATION
(To Be Completed By General Contractor And All Subcontractors and Submitted with the Bid) PROJECT NAME: ____________________________________________________________________ The undersigned, having submitted a bid for construction of the above identified project, certifies that he/she shall:

1. Comply with Title VI of the Civil Rights Act of 1964 as amended; Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Sections 502 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; and the Age Discrimination Act of 1975 in that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

2. Comply with Executive Orders 11246, 11375 and 12086 in that no employee or applicant for employment shall be discriminated against because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. Will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the hiring, upgrading, demotion, transfer, recruitment or recruiting advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

3. Comply with Executive Orders 11625 and 12432 Concerning Minority Business Enterprise and Executive Order 12138 Concerning Women's Business Enterprise to ensure to the maximum extent possible the inclusion of minorities and women and entities owned by minorities and women in all subcontracts pursuant to the above contract.

4. Comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 170lu) and the implementing regulations in 24 CFR Part 135 which requires to the greatest extent feasible that the training, employment and other economic opportunities arising in connection with the above identified project be given to low and very-low income persons residing within the local community and that contracts be awarded to eligible business concerns which employ and/or are owned in substantial part by such low and very-low income persons residing in Stanislaus County.

5. Furnish and cause each of its own subcontractors to furnish all information and reports required hereunder and permit access to its books, records and accounts by Stanislaus County, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.

Contractor Name: ____________________________________________________________________ Signature/Title: ___________________________________________________________________ Federal I.D. or Social Security Number: _________________________________________________ Date: ___________________
22 SECTION 3 BUSINESS CERTIFICATE OF ELIGIBILITY

FOR PREFERENCE
NOTE: This certificate must be signed by the person who will sign or has signed the Bid Form. This certificate will become a part of the contract documents. This form is a listing of Section 3 businesses that are planned to be a part of the project. If that is unknown or none apply, the form must still be completed.

Project Number: ______________________________________ Bid Number: _________________ Project Name: _______________________________________________________________________ This is a formal certification that the below list of Section 3 Business(es) will be utilized on the above project and that such business(es) qualify for a Section 3 Business Preference and meet the requirements of a Section 3 Business as defined in the Bidding Procedures for this project. a. Section 3 Business Name: ___________________________________________________ Address: _________________________________________________________________ Description of Work: _______________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Dollar Value of Proposed Work: ______________________________________________ b. Section 3 Business Name: ___________________________________________________ Address: _________________________________________________________________ Description of Work: _______________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Dollar Value of Proposed Work: ______________________________________________ c. Section 3 Business Name: ___________________________________________________ Address: _________________________________________________________________ Description of Work: _______________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Dollar Value of Proposed Work: ______________________________________________ The percentage of the total dollar value of all Section 3 Business work compared to the total bid price: __________ %
23 • This certification is a material representation of the face upon which reliance may be placed if the proposed transaction is entered into. If it is later determined that an erroneous certification was rendered, in addition to other remedies available to the Federal Government, the Department of Housing and Urban Development and Stanislaus County may pursue available remedies.
• The undersigned contractor’s representative shall provide immediate written notice to the agency to which this proposal is submitted if at any time the undersigned learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

Contractor Name: ______________________________________________________ Signature/Title: ________________________________________________________ Date: __________________
***This space intentionally left blank.***
24 STANISLAUS COUNTY SECTION 3 PROCEDURES
As a recipient of U.S. Department of Housing and Urban Development (HUD) CDBG, HOME and other federal funds governed by Section 3 of the Housing and Urban Development Act of 1968, Stanislaus County is dedicated to contracting with Section 3 contractors to the greatest extent possible. Subsequently, the County is also dedicated to the utilization of both MBE/WBE and LOSB concerns.

PUBLIC HEARINGS
As part of Public Hearings associated with the Consolidated Planning Process, Stanislaus County’s Department of Planning and Community Development will provide those in attendance with information concerning Section 3 eligibility under its HUD entitlement programs. This will be carried out as a part of the public meetings discussing the Annual Action Plan and Consolidated Annual Performance and Evaluation Report (CAPER).

SUBRECIPIENTS AND SECTION 3 REQUIREMENTS FOR COVERED CONTRACTS Stanislaus County shall insure that all sub-recipients are aware of the Section 3 requirements for all covered contracts that are bid and/or awarded during each fiscal year. This procedure will be carried out through two (2) specific activities associated with projects.

1. Section 3 language will be included within the contract between the sub- recipient/municipal government and Stanislaus County.

2. Section 3 language will be included within the contract between the sub- recipient/municipal government and the selected contractor.

SECTION 3 LANGUAGE FOR CONTRACTS

1. Contractor acknowledges and agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as found at 24 CFR Part 135.

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended,12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The contractor agrees to send to each labor organizations or representative of workers with which the contractor has a collective bargaining agreement or other understanding.

If any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
25 D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR parts 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135.

F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogations of compliance with section 7(b).

PRE-CONSTRUCTION CONFERENCES
Section 3 requirements will be addressed at a pre-construction conference to further insure that prospective contractors are aware of Section 3 and what it means to be a Section 3 contractor. The Pre-construction conference will cover the following:

1. Certification of proposed contractors regarding Section 3 and segregated forms in the bid requirements for the contractor.

2. Explanation of Section 3 and the program requirements in the pre-construction meeting with the contractor.

SELF CERTIFICATION OF SECTION 3 CONTRACTORS
The County will use self-certification documentation to support whether or not a contractor qualifies as a Section 3 business concern.

This self-certification will used to identify whether a contractor is a Section 3 business concern and will be submitted by contractors asserting Section 3 status on a contract by contract basis. When self-certifying, contractors should maintain records as documentation of any and all efforts made to insure compliance with Section 3.
26 RECOMMENDATIONS TO CONTRACTORS ON
MEETING SECTION 3 COMPLIANCE
The following are recommendations on how contractors can advertise and/or market to Section 3 residents on large scale construction projects and insure compliance under Section 3.

1. Utilize the HUD Section 3 Business Registry located at the following website:
https://portalapps.hud.gov/Sec3BusReg/BRegistry/What
The website can be used by businesses seeking to register as a Section 3 Business as well as a search tool for contractors and professional firms seeking to insure compliance by seeking out registered Section 3 Businesses working in and around Stanislaus County.

2. Prime and sub-contractors post any openings related to the contract on the job site.

3. Survey sub-contractors (especially LOSBs) to determine Section 3 status/qualifications.

4. Insert Section 3 language in any contracts with sub-contractors (same wording as prime contractor’s amendment).

5. Provide a list of any new positions filled/hired to work on the project to-date and the County can help in determining if these new hires can be considered Section 3 Hires. ***This space intentionally left blank.***
27 Disadvantaged Business
Enterprise (DBE)
Information
28 WHAT IS DBE?
Under the Women’s Business Enterprise and Minority Business Enterprise – Executive Orders 11625,12138 and 12432, these regulations were established as a national priority.

DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
If the contractor is unable to find qualified Minority Business Enterprises and/or Women Business Enterprises (MBEs/WBEs) in the performance of the contract, it shall document the efforts it made to do so. Documentation shall be retained int eh contractor’s files for review by the County.

NOTE: This form must be signed by the person who will sign or has signed the Bid Form. This form is a listing of subcontractors that are planned to be a part of the project. If those subcontractors are unknown or none apply, the form must still be completed. This form will become a part of the contract documents.

Division of Equal Opportunity Certified: DBE MINORITY WOMEN (CHECK APPROPRIATE DESIGNATION)
Description of Work: _________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Subcontractor's Name: _________________________________________________________ Est. Dollar value of proposed work: ____________________________________________________ Division of Equal Opportunity Certified: DBE MINORITY WOMEN (CHECK APPROPRIATE DESIGNATION)
Description of Work: _________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Subcontractor's Name: _________________________________________________________ Est. Dollar value of proposed work: ____________________________________________________ Division of Equal Opportunity Certified: DBE MINORITY WOMEN (CHECK APPROPRIATE DESIGNATION)
Description of Work: _________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Subcontractor's Name: _________________________________________________________ Est. Dollar value of proposed work: ____________________________________________________ 29 Division of Equal Opportunity Certified: DBE MINORITY WOMEN (CHECK APPROPRIATE DESIGNATION)
Description of Work: _________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Subcontractor's Name: _________________________________________________________ Est. Dollar value of proposed work: ____________________________________________________ TOTAL VALUE OF ALL DBE/MINORITY/WOMEN SUBCONTRACT WORK: $ __________________ ESTIMATED TOTAL PERCENT (%) TO BE UTILIZED: ____________ % Signature: _____________________________ Date: __________________________ ______________________________________ _______________________________________ Print Name: Title:
***This space intentionally left blank.***
30 STANISLAUS COUNTY

DISADVANTAGED BUSINESS ENTERPRISE

PARTICIPATIONCERTIFICATION
Project No.:________________________ Bid No.: _______________ Contract No.: ___________ Contract/Project Name(s): _____________________________________________________________ This is a formal certification that the below list of Disadvantage Business Enterprise Sub- Contractor(s) and amount(s) were utilized on the above project. This form is required at project completion.

DBE

SUB-CONTRACTOR

SUB-CONTRACTOR AMOUNT AMOUNT PAID
Signature: _____________________________________________ Date: ___________________ Print Name: __________________________________________ Title: ___________________ Send To: Stanislaus County
Department of Planning and Community Development
Attention: Community Development Manager
1010 10th Street, Suite 3400
Modesto, CA 95354
31 WAGE SHEET AND CLASSIFICATION REVIEW

REVIEW OF PROJECT WAGE SHEET
Prior to the start of construction, all contractors are required to submit a Project Wage Sheet.

This sheet will list all work classifications that the contractor will utilize to perform work under the contract. The form will also designate if the prevailing rate is a federal or state rate, list the basic hourly rate with the fringe benefit rate and the total of both. The Project Wage Sheet must be reviewed and approved by the project engineer with respect to the work classifications to be used for the construction phase of the project. Also, the Project Wage Sheet must be reviewed and approved by the Grantee's labor compliance officer with respect to the wage rates and fringe benefits rates that are to be paid for each work classification.

ADDITIONAL CLASSIFICATIONS
Any class of laborers or mechanics not listed in the initial wage determination shall be additionally classified in conformance with the wage determination. If additional classifications under the federal wage determinations are required, the Labor Compliance Officer will submit a "Report of Additional Classifications and Rate" form, located online at:
(portal.hud.gov/hudportal/documents/huddoc?id=DOC_12573.doc.).

The WVDO will forward the request to the HUD Area Office for submission and approval by the United States Department of Labor. A report on additional classification actions must be approved, modified or disapproved by the United States Department of Labor's Administrator of the Wage and Hour Division, Employment Standards Administration, within 30 days of receipt.

MINIMUM CRITERIA FOR ADDITIONAL CLASSIFICATION REQUESTS Additional classification will be approved only when the following criteria have been met:

1. The work to be performed by the classification requested is not performed by a classification in the wage determination;

2. The classification is utilized in the area by the construction industry; and

3. The proposed wage rate, including any bona fide fringe benefits, that has a reasonable relationship to the wage rates contained in the wage determination.

WAGE PAYMENT COMPLIANCE
Payroll records shall contain the employee’s full name and identifying number (last four digits of the social security number). The payroll records must also reflect correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, bona fide plans or programs for providing fringe benefits, written evidence of registered or certified apprentice or trainee programs, registration of apprentices or trainees and ratios, and wage rates prescribed in these programs.

Signed weekly certified payrolls must be submitted for each week in which any contract work is performed.

The primary contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll must be accompanied by a Statement of Compliance (with Davis-Bacon and Copeland Anti-Kickback Act provisions) signed by the contractor or subcontractor. If the signatory on the Statement of Compliance is not an officer of the contractor’s or subcontractor’s company, the chief executive officer must prepare a letter on company letterhead assigning signatory authority to another individual, such as a payroll officer, to sign on his/her behalf.
32 PAYMENT OF FRINGE BENEFITS
Whenever the minimum wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent.

Any payment of fringe benefits other than cash payment must be verified by the agency which received the payment. The contract file must contain a listing provided by the bona fide fringe benefit plan for each employee, verifying the payment made.

FAILURE TO PAY PREVAILING WAGES
In the event of a contractor's or subcontractor's failure to pay all or part of the wages required by the contract to any laborer or mechanic, including any apprentice or trainee, employed or working on the site of work or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project, the Grantee may after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds until such violations have ceased.

FAILURE TO PAY OVERTIME COMPENSATION
In the event of violation of the overtime provision of the Contract Work Hours and Safety Standards Act, the contractor and any subcontractor responsible shall be liable for the unpaid wages and arty liquidated damages.

The County shall upon its own action or upon written request from the HUD withhold or cause to be withheld any money payable on account for work performed by the contractor or subcontractor. Also, money payable to the same contractor may be withheld from other federal contracts. This also applies to any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor. The amount of money withheld may be determined by the amount necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages.

DEBARMENT PROCEEDING
Whenever any contractor or subcontractor is found to be in aggravated or willful violation of the labor standards provisions of any applicable statutes or who have been found to have disregarded required obligations to employees under the Davis-Bacon Act, such contractors or subcontractors shall be ineligible to receive any federal contracts.
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33 CONTRACTORS/SUBCONTRACTORS CERTIFICATION

FOR LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

DAVIS BACON AND RELATED ACTS COMPLIANCE
Project Name: ___________________________________ Project No.: ___________________

1. The undersigned, having executed a contract with ________________________ for the above-identified project, certifies that:
a. The Labor Standards Provisions of the Contract for Construction (HUD form 4010) are included in the aforesaid contract
b. Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comp General of the United States pursuant to Section 5.12 (a)(1) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5), or pursuant to Section 3(a) the Davis-Bacon Act , as amended (40 U.S.C. 276a-2(a)).
c. No part of the aforementioned contract has been or will be subcontracted to a subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest in or is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions.

2. The undersigned agrees to obtain and forward to the contractor for transmittal to the recipients within ten days after the execution of any lower subcontract, a Subcontractors Certification Concerning Labor Standards and Prevailing Wage Requirement, executed by the lower tier subcontractor, in duplicate.
a. The workers will report for duty on or about _________________________ (Date)

3. The undersigned certifies that:
a. The legal name and the business address of the undersigned are:
____________________________________________________________________ ____________________________________________________________________ b. The undersigned is (check one):
___ Single Proprietorship ______ A Partnership ______ A Corporation ____ Other - Describe: ________________________________________________ _______________________________ _________________________ Signature Date
34 PROJECT WAGE RATE SHEET
Project Name: _______________________________ Project No.: ___________________________ Federal Wage Decision # as of Bid Open Date: _____________________________________________ State Wage Determination # as of Bid Open Date: __________________________________________ Bid Open Date: ________________________
Federal
Classification
State
Classification
Fed
Basic
Rate
Fed
Fringe
Benefit
Fed
Total
State
Basic
Rate
State
Fringe
Benefit
State
Total
Wage
Required
on
Project
Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages and bona f ide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona f ide fringe benefits under Section l (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5. 5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer’ s payroll records accurately set forth the time spent in each classification in which work is performed.

The wage determination (including any additional
classification and wage rates conformed under 29 CFR 5. 5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional
classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the
Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, D.C. 20210. The Administrator, or an authorized representative, will approve modify or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under
OMB control number 1215 - 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers
performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) i ) Whenever the minimum wage rate prescribed in
the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) I f the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010 (06/2009)
Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 ATTACHMENT 1
Previous editions are obsolete form HUD-4010 (06/2009)