Waterford City Council
October 6, 2022

AGENDA

WATERFORD CITY COUNCIL - REGULAR MEETING

WATERFORD CITY HALL, CITY COUNCIL
CHAMBERS 101 “E” STREET, WATERFORD, CA
AND
TELECONFERENCE LOCATIONS:

HYATT REGENCY SONOMA

BUSINESS CENTER
170 RAILROAD ST.

SANTA ROSA, CA. 95401
AND
8183 COMFORT LANE
BLAINE, WA. 98230
TELECONFERENCE PHONE # FOR THE REGULAR CITY COUNCIL MEETING: (805) 309-0111 – AT PROMPT, ENTER ACCESS CODE 714320
Pursuant to Government Code §54953(b), this meeting will include a teleconference location at the Hyatt Regency Sonoma and a private residence in Blaine, Washington (hotel and residence address identified above). Council Members Talbott and Kitchens will be attending the regular meeting via teleconference. The public shall have the opportunity to address the City Council at this teleconference location pursuant to Government Code §54954.3. All votes during the teleconferencing session will be conducted by roll call vote. The teleconference location is accessible to the public and the agenda will be posted at the teleconference location at least 72 hours before the meeting.

CALL TO ORDER &
FLAG SALUTE: Mayor Aldaco
INVOCATION: Pastor Dave McGaffee, Assembly of God Church 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. 2.

WATERFORD CITY COUNCIL REGULAR MEETING – October 6th, 2022 - 6:30 PM

COMMUNICATIONS FROM THE AUDIENCE

PRESENTATIONS
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 2022-52, Approving the Warrant Register in the Amount of $193,617.83 for the Period of September 7 to September 19, 2022. 3c: MOTION: Approving Minutes of the Regular City Council Meeting held September 15, 2022.

4. 4.

5. 5a: RESOLUTION: Resolution 2022-53, of the Waterford City Council Regarding Appeal No. 2022-0001, Reversing the Planning Commission’s Decision and Approving Conditional Use Permit No. 2021-02 and Architectural Site Plan Review No. 2021-03 for the Proposed Arco AM/PM Project, located at 12725 Yosemite Boulevard, APN No. 134-006-013. (Niskanen)

6. 6a: RESOLUTION: Approving Resolution 2022-54, in Concurrence with the 2021-2022 Consolidation Annual Performance Report (CAPER) and Support of Submission to the U.S. Department of Housing and Urban Development (HUD). (Statzer)
6b: MOTION: Awarding Bid and Approving an Agreement with Taylor Backhoe Services, Inc in the Amount of $298,237.60 for Project No. 2022-09, “F Street Pedestrian Improvement Project” and Authorizing the City Manager to Execute the Agreement. (Statzer) 6c: RESOLUTION: Approving Resolution 2022-55, Approving Change Order #1 and Accepting Improvements for Project No. 2022-08, “Pecan Avenue Sewer Repair” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office. (Statzer)

7. SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY

GENERAL BUSINESS

FINAL READINGS

ADOPTION OF CONSENT CALENDAR

PUBLIC HEARINGS

8. 8a: City Project List

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

10. 11.
11a: "CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION" (Pursuant to Government Code Section 54956.9(b))

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

CLOSED SESSION

ADJOURNMENT / RECESS

STAFF/COUNCIL COMMENTS AND MEETING REPORTS

INFORMATIONAL ITEMS

REPORT OUT OF CLOSED SESSION
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. 9/26/2022
_________________________________________
Patricia Krause, CMC, City Clerk Date
Consent Calendar 3a
October 6, 2022
Patricia Krause, City Clerk / Administrative Services Director 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
October 6, 2022
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Resolution: Adopting Resolution 2022-52, Approving the Warrant Register in the Amount of $193,617.83 for the Period of September 7 to September 19, 2022.

SUMMARY:

Consider approving the Warrant Register for the period of September 7 to September 19, 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 September 7 to September 19, 2022.

FISCAL IMPACT:

Payments for this period total $193,617.83.

ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Take no action.

2. Provide staff with further direction.

ATTACHMENTS:
• Resolution #2022-52
• Check Register Report

WATERFORD CITY COUNCIL

DATE TOTAL
PAYROLL 9/19/2022 $ 31,282.07
ACCOUNTS PAYABLE 9/7/2022 $ 48,704.51
9/15/2022 $ 41,871.72
9/16/2022 $ 54,498.64
9/19/2022 $ 17,260.89
TOTAL $ 193,617.83
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 2022-52
RESOLUTION # 2022-52
October 6, 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: 09/19/2022 - 10:44AM
'trish'
Payroll
Include Partial: FALSE
ACH Check Register
Batch: 00019.09.2022
Check Date Check Number Employee No Employee Name Amount 09/19/2022 0 1002 3,211.00
09/19/2022 0 1006 1,262.00
09/19/2022 0 1008 1,994.72
09/19/2022 0 1011 1,409.60
09/19/2022 0 1017 819.81
09/19/2022 0 1018 772.63
09/19/2022 0 2004 2,079.82
09/19/2022 0 2005 2,560.29
09/19/2022 0 2006 2,832.82
09/19/2022 0 2007 1,570.37
09/19/2022 0 2010 713.50
09/19/2022 0 2012 360.10
09/19/2022 0 2020 4,148.65
09/19/2022 0 2023 2,098.94
09/19/2022 0 2024 342.30
09/19/2022 0 2028 1,334.56
09/19/2022 0 2030 1,751.46
09/19/2022 0 2031 1,379.94
09/19/2022 0 3004 134.93
09/19/2022 0 3010 125.58
09/19/2022 0 3011 126.35
09/19/2022 0 3012 126.35
09/19/2022 0 3013 126.35
Total Employees: Total: 23 31,282.07
PR- ACH Check Register (09/19/2022 - 10:44 AM) Page 1

User:

Printed: 09/15/2022 - 4:42PM
desiree
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00015.09.2022
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 102200 ABS DIRECT, INC Check Sequence: 1 ACH Enabled: False 129202 RECYCLING FLYER FOR AUG OCT AND DEC 2022 848.17 09/15/2022 1010-000-2764 Check Total: 848.17
Vendor: 200695 BRIAN AGUIRRE Check Sequence: 2 ACH Enabled: False 090422 DEPOSIT REFUND FOR 9/4/22 PARK EVENT 50.00 09/15/2022 1010-560-6010 Check Total: 50.00
Vendor: 103400 ANSWERNET Check Sequence: 3 ACH Enabled: False 112-83419 AUGUST ANSWERING SERVICES 14.65 09/15/2022 1010-310-7810 112-83419 AUGUST ANSWERING SERVICES 29.30 09/15/2022 5050-700-7810 112-83419 AUGUST ANSWERING SERVICES 29.31 09/15/2022 5071-800-7810 Check Total: 73.26
Vendor: UB*01823 CULLEN BEARDEN Check Sequence: 4 ACH Enabled: False Refund Check 011238-000, 13137 YOSEMITE BLVD 68.35 09/13/2022 5071-000-2010 Check Total: 68.35
Vendor: 106401 BLUE SHIELD OF CALIFORNIA Check Sequence: 5 ACH Enabled: False 222560045480 OCTOBER MEDICAL BENEFITS ACCOUNT W00935801000 419.39 09/15/2022 1010-110-7120 222560045480 OCTOBER MEDICAL BENEFITS ACCOUNT W00935801000 196.63 09/15/2022 1010-300-7120 222560045480 OCTOBER MEDICAL BENEFITS ACCOUNT W00935801000 491.60 09/15/2022 1010-310-7120 222560045480 OCTOBER MEDICAL BENEFITS ACCOUNT W00935801000 196.64 09/15/2022 1010-560-7120 222560045480 OCTOBER MEDICAL BENEFITS ACCOUNT W00935801000 491.60 09/15/2022 1010-580-7120 222560045480 OCTOBER MEDICAL BENEFITS ACCOUNT W00935801000 238.12 09/15/2022 2210-260-7120 222560045480 OCTOBER MEDICAL BENEFITS ACCOUNT W00935801000 1,035.42 09/15/2022 5050-700-7120 222560045480 OCTOBER MEDICAL BENEFITS ACCOUNT W00935801000 377.91 09/15/2022 5070-800-7120 222560045480 OCTOBER MEDICAL BENEFITS ACCOUNT W00935801000 1,035.42 09/15/2022 5071-800-7120 222560045480 OCTOBER MEDICAL BENEFITS ACCOUNT W00935801000 139.80 09/15/2022 5072-800-7120 222560045480 OCTOBER MEDICAL BENEFITS ACCOUNT W00935801000 139.80 09/15/2022 5090-110-7120 AP-Computer Check Proof List by Vendor (09/15/2022 - 4:42 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 4,762.33
Vendor: 106515 BOSS BUSINESS SYSTEMS INC Check Sequence: 6 ACH Enabled: False 447580 AUGUST KONICA SUPPLIES 265.60 09/15/2022 1010-110-7510 Check Total: 265.60
Vendor: 144410 CHARTER COMMUNICATIONS (7173) Check Sequence: 7 ACH Enabled: False 0076125090422 SEPT. INTERNET AT COMMUNITY CENTER 540 C ST. 104.99 09/15/2022 1010-560-7811 Check Total: 104.99
Vendor: 112400 CITY OF WATERFORD - PETTY CASH Check Sequence: 8 ACH Enabled: False 083122 PETTY CASH REPLENISH 84.00 09/15/2022 1010-110-7430 083122 PETTY CASH REPLENISH 104.91 09/15/2022 1010-110-7732 083122 PETTY CASH REPLENISH 42.60 09/15/2022 1010-130-7510 083122 PETTY CASH REPLENISH 57.00 09/15/2022 1010-430-7710 Check Total: 288.51
Vendor: 200760 CSG CONSULTANTS, INC. Check Sequence: 9 ACH Enabled: False 46008 AUGUST BUILDING INSPECTION SERVICES 2,707.50 09/15/2022 1010-410-7190 B221676 304 B ST. REMODELING SERVICES 337.72 09/15/2022 1010-410-7190 Check Total: 3,045.22
Vendor: 116925 TINA ENVIA Check Sequence: 10 ACH Enabled: False 091522 REIMBURSEMENT FOR CUPCAKES FOR MAYOR'S BIRTHDAY 42.60 09/15/2022 1010-110-7732 Check Total: 42.60
Vendor: 200786 GHD, INC. Check Sequence: 11 ACH Enabled: False 380-0019353 CORRIDOR STUDY YOSEMITE - SERVICES 2,486.68 09/15/2022 6310-310-8295 Check Total: 2,486.68
Vendor: 131025 MEDICAL EYE SERVICES Check Sequence: 12 ACH Enabled: False 222503079701 OCTOBER 2022 VISION BENEFITS 19.30 09/15/2022 1010-110-7120 222503079701 OCTOBER 2022 VISION BENEFITS 2.88 09/15/2022 1010-210-7120 222503079701 OCTOBER 2022 VISION BENEFITS 8.65 09/15/2022 1010-300-7120 222503079701 OCTOBER 2022 VISION BENEFITS 22.33 09/15/2022 1010-310-7120 222503079701 OCTOBER 2022 VISION BENEFITS 4.89 09/15/2022 1010-410-7120 222503079701 OCTOBER 2022 VISION BENEFITS 1.02 09/15/2022 1010-430-7120 222503079701 OCTOBER 2022 VISION BENEFITS 5.12 09/15/2022 1010-560-7120 AP-Computer Check Proof List by Vendor (09/15/2022 - 4:42 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 222503079701 OCTOBER 2022 VISION BENEFITS 13.68 09/15/2022 1010-580-7120 222503079701 OCTOBER 2022 VISION BENEFITS 5.12 09/15/2022 2210-260-7120 222503079701 OCTOBER 2022 VISION BENEFITS 113.98 09/15/2022 5050-700-7120 222503079701 OCTOBER 2022 VISION BENEFITS 132.73 09/15/2022 5071-800-7120 222503079701 OCTOBER 2022 VISION BENEFITS 10.50 09/15/2022 5072-800-7120 222503079701 OCTOBER 2022 VISION BENEFITS 2.88 09/15/2022 5090-110-7120 222503079701 OCTOBER 2022 VISION BENEFITS 29.83 09/15/2022 5070-800-7120 Check Total: 372.91
Vendor: 131898 MID VALLEY IT Check Sequence: 13 ACH Enabled: False 202141287 CITY IT SERVICES MONTHLY 3,396.00 09/15/2022 1010-110-7195 Check Total: 3,396.00
Vendor: 200790 PEOPLEREADY INC Check Sequence: 14 ACH Enabled: False 27647647 TEMP WORKERS ACCOUNT 000998146 2,861.79 09/15/2022 1010-310-7300 Check Total: 2,861.79
Vendor: 148626 SUTTER HEALTH PLUS Check Sequence: 15 ACH Enabled: False 2251492 OCTOBER MEDICAL BENEFITS 1,350.54 09/15/2022 1010-110-7120 2251492 OCTOBER MEDICAL BENEFITS 292.00 09/15/2022 1010-210-7120 2251492 OCTOBER MEDICAL BENEFITS 504.01 09/15/2022 1010-300-7120 2251492 OCTOBER MEDICAL BENEFITS 898.25 09/15/2022 1010-310-7120 2251492 OCTOBER MEDICAL BENEFITS 343.43 09/15/2022 1010-410-7120 2251492 OCTOBER MEDICAL BENEFITS 74.50 09/15/2022 1010-430-7120 2251492 OCTOBER MEDICAL BENEFITS 90.42 09/15/2022 1010-560-7120 2251492 OCTOBER MEDICAL BENEFITS 262.23 09/15/2022 1010-580-7120 2251492 OCTOBER MEDICAL BENEFITS 90.42 09/15/2022 2210-260-7120 2251492 OCTOBER MEDICAL BENEFITS 6,829.60 09/15/2022 5050-700-7120 2251492 OCTOBER MEDICAL BENEFITS 1,874.00 09/15/2022 5070-800-7120 2251492 OCTOBER MEDICAL BENEFITS 8,772.18 09/15/2022 5071-800-7120 2251492 OCTOBER MEDICAL BENEFITS 682.03 09/15/2022 5072-800-7120 2251492 OCTOBER MEDICAL BENEFITS 146.00 09/15/2022 5090-110-7120 Check Total: 22,209.61
Vendor: 148025 SWRCB - DWOCP Check Sequence: 16 ACH Enabled: False JOSH GREEN T1 GRADE T1 JOSH GREEN EXAM FEE 35.00 09/15/2022 5071-800-7740 JOSH GREEN T1 GRADE T1 JOSH GREEN EXAM FEE 10.00 09/15/2022 5070-800-7740 JOSH GREEN T1 GRADE T1 JOSH GREEN EXAM FEE 5.00 09/15/2022 5072-800-7740 AP-Computer Check Proof List by Vendor (09/15/2022 - 4:42 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 50.00
Vendor: 152772 UMPQUA BANK COMMERCIAL CARD OPS Check Sequence: 17 ACH Enabled: False 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 182.30 09/15/2022 1010-110-7510 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 7.11 09/15/2022 1010-110-7516 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 58.29 09/15/2022 1010-110-7519 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 67.99 09/15/2022 1010-110-7540 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 67.98 09/15/2022 1010-110-7620 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 41.43 09/15/2022 1010-110-7730 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 42.00 09/15/2022 5070-800-7510 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 10.00 09/15/2022 5070-800-7740 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 147.00 09/15/2022 5071-800-7510 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 35.00 09/15/2022 5071-800-7740 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 21.00 09/15/2022 5072-800-7510 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 5.00 09/15/2022 5072-800-7740 083122 ACCOUNT ENDING 4877 AUGUST CARD PURCHASES KRAUSE4935 STATZER8056 99.55 09/15/2022 1010-110-7732 Check Total: 784.65
Vendor: 200694 CODY WHITE Check Sequence: 18 ACH Enabled: False CODY WHITE REFUND FOR EMPLOYEE PERS CONTRIBUTION 2021 COVID PAY 161.05 09/15/2022 1010-580-7110 Check Total: 161.05
Total for Check Run:

Total of Number of Checks:
41,871.72
18 AP-Computer Check Proof List by Vendor (09/15/2022 - 4:42 PM) Page 4 User:

Printed: 09/16/2022 - 3:33PM
desiree
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00016.09.2022
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 104500 AT&T (9011) Check Sequence: 1 ACH Enabled: False 0018778499 BAN 9391055809 8/13-9/12 2022 CITY HALL 86.27 09/16/2022 1010-110-7810 0018778499 BAN 9391055809 8/13-9/12 2022 CITY HALL 1.92 09/16/2022 5070-800-7810 0018778499 BAN 9391055809 8/13-9/12 2022 CITY HALL 6.76 09/16/2022 5071-800-7810 0018778499 BAN 9391055809 8/13-9/12 2022 CITY HALL 0.97 09/16/2022 5072-800-7810 0018778500 BAN 9391055810 8/13-9/12 2022 WWTP 229.87 09/16/2022 5050-700-7810 0018778501 BAN 9391055811 8/13-9/12 2022 FOUNTAIN DR. 24.87 09/16/2022 5070-800-7810 Check Total: 350.66
Vendor: UB*01825 GINO BAUTISTA DEMIURGE INVESTMENTS LLC Check Sequence: 2 ACH Enabled: False Refund Check 012089-000, 225 CHURCH ST 95.25 09/15/2022 5071-000-2010 Check Total: 95.25
Vendor: 110100 CENTRAL SANITARY SUPPLY Check Sequence: 3 ACH Enabled: False 1274835 CLEANING SUPPLIES PAPER TOWELS, TOILET PAPER 93.70 09/16/2022 1010-310-7510 1274835 CLEANING SUPPLIES PAPER TOWELS, TOILET PAPER 93.70 09/16/2022 1010-110-7510 1274835 CLEANING SUPPLIES PAPER TOWELS, TOILET PAPER 93.70 09/16/2022 5071-800-7510 1274835 CLEANING SUPPLIES PAPER TOWELS, TOILET PAPER 93.73 09/16/2022 1010-580-7510 Check Total: 374.83
Vendor: 115705 DG TIRES & WHEELS Check Sequence: 4 ACH Enabled: False 955115 FLAT TIRE REPAIR 17.50 09/16/2022 5071-800-7430
955115 FLAT TIRE REPAIR 5.00 09/16/2022 5070-800-7430
955115 FLAT TIRE REPAIR 2.50 09/16/2022 5072-800-7430
Check Total: 25.00
Vendor: UB*01824 OSVALDO ELIGIO Check Sequence: 5 ACH Enabled: False Refund Check 010816-000, 429 G STREET 42.03 09/15/2022 5071-000-2010 AP-Computer Check Proof List by Vendor (09/16/2022 - 3:33 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 42.03
Vendor: 118800 FINANCIAL CREDIT NETWORK, INC Check Sequence: 6 ACH Enabled: False 083122 AUGUST COLLECTION SERVICES 11.74 09/16/2022 5050-700-7190 083122 AUGUST COLLECTION SERVICES 4.69 09/16/2022 5071-800-7190 083122 AUGUST COLLECTION SERVICES 4.69 09/16/2022 5070-800-7190 083122 AUGUST COLLECTION SERVICES 2.35 09/16/2022 5072-800-7190 Check Total: 23.47
Vendor: 132700 MODESTO IRRIGATION DISTRICT Check Sequence: 7 ACH Enabled: False 090122-01 SOLAR ELECTRIC SERVICES AUGUST ACCOUNT# 7388327650 6,620.21 09/16/2022 1010-110-7820 090122-01 SOLAR ELECTRIC SERVICES AUGUST ACCOUNT# 7388327650 1,018.00 09/16/2022 1010-560-7820 090122-01 SOLAR ELECTRIC SERVICES AUGUST ACCOUNT# 7388327650 5,072.55 09/16/2022 5050-700-7820 090122-02 ELECTRIC SERVICES AUGUST ACCOUNT# 9743183114 529.48 09/16/2022 5071-800-7820 090122-03 ELECTRIC SERVICES AUGUST ACCOUNT# 0782226113 131.60 09/16/2022 1010-210-7820 090122-03 ELECTRIC SERVICES AUGUST ACCOUNT# 0782226113 178.71 09/16/2022 1010-310-7820 090122-03 ELECTRIC SERVICES AUGUST ACCOUNT# 0782226113 343.61 09/16/2022 1010-550-7820 090122-03 ELECTRIC SERVICES AUGUST ACCOUNT# 0782226113 279.59 09/16/2022 1010-580-7820 090122-03 ELECTRIC SERVICES AUGUST ACCOUNT# 0782226113 109.00 09/16/2022 2210-260-7820 090122-03 ELECTRIC SERVICES AUGUST ACCOUNT# 0782226113 46.77 09/16/2022 2230-260-7820 090122-03 ELECTRIC SERVICES AUGUST ACCOUNT# 0782226113 567.19 09/16/2022 5050-700-7820 090122-03 ELECTRIC SERVICES AUGUST ACCOUNT# 0782226113 3,199.32 09/16/2022 5070-800-7820 090122-04 ELECTRIC SERVICES AUGUST ACCOUNT# 5995425172 252.31 09/16/2022 2210-260-7820 090122-05 ELECTRIC SERVICES AUGUST ACCOUNT# 4995425537 188.95 09/16/2022 2230-260-7820 090122-06 ELECTRIC SERVICES AUGUST ACCOUNT# 9895427264 226.65 09/16/2022 2210-260-7820 090122-07 ELECTRIC SERVICES AUGUST ACCOUNT# 7995425111 194.78 09/16/2022 2210-260-7820 090122-08 ELECTRIC SERVICES AUGUST ACCOUNT# 6995422502 130.79 09/16/2022 2210-260-7820 Check Total: 19,089.51
Vendor: 132700 MODESTO IRRIGATION DISTRICT Check Sequence: 8 ACH Enabled: False 090122-09 ELECTRIC SERVICES AUGUST ACCOUNT# 9995426680 107.50 09/16/2022 2210-260-7820 090122-10 ELECTRIC SERVICES AUGUST ACCOUNT# 0995422369 109.86 09/16/2022 2230-260-7820 090122-11 ELECTRIC SERVICES AUGUST ACCOUNT# 0006422008 31.50 09/16/2022 2230-260-7820 090122-12 ELECTRIC SERVICES AUGUST ACCOUNT# 7739815760 125.85 09/16/2022 2210-260-7820 090122-12 ELECTRIC SERVICES AUGUST ACCOUNT# 7739815760 52.89 09/16/2022 1010-580-7820 090122-13 ELECTRIC SERVICES AUGUST ACCOUNT# 4274522712 39.69 09/16/2022 1010-580-7820 090122-14 ELECTRIC SERVICES AUGUST ACCOUNT# 3631709483 964.51 09/16/2022 1010-210-7820 090122-15 ELECTRIC SERVICES AUGUST ACCOUNT# 2470524020 14,686.30 09/16/2022 5071-800-7820 090122-16 ELECTRIC SERVICES AUGUST ACCOUNT# 9879229185 20.74 09/16/2022 2230-260-7820 AP-Computer Check Proof List by Vendor (09/16/2022 - 3:33 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 16,138.84
Vendor: 132742 MOUNTAIN VALLEY ENVIRONMENTAL SERVICES, INC. Check Sequence: 9 ACH Enabled: False 3858 OCTOBER CROSS CONNECTION 140.00 09/16/2022 5071-800-7190 3858 OCTOBER CROSS CONNECTION 40.00 09/16/2022 5070-800-7190 3858 OCTOBER CROSS CONNECTION 20.00 09/16/2022 5072-800-7190 Check Total: 200.00
Vendor: 136625 PIONEER MARKET WATERFORD Check Sequence: 10 ACH Enabled: False 083122 AUGUST STORE PURCHASES 81.50 09/16/2022 1010-110-7510 083122 AUGUST STORE PURCHASES 2.99 09/16/2022 1010-310-7510 083122 AUGUST STORE PURCHASES 3.00 09/16/2022 1010-580-7510 083122 AUGUST STORE PURCHASES 2.99 09/16/2022 5071-800-7510 Check Total: 90.48
Vendor: 145750 STANISLAUS ANIMAL SERVICES AGENCY Check Sequence: 11 ACH Enabled: False P219156 FY22/23 1ST QUARTER OPERATIONAL COST R22-565994 14,580.00 09/16/2022 1010-410-7160 Check Total: 14,580.00
Vendor: 143300 THATCHER COMPANY, INC. Check Sequence: 12 ACH Enabled: False 2022250106073 PURE CHLOR JUGS FOUNTAIN DR. 2,200.18 09/16/2022 5071-800-7510 2022250106073 PURE CHLOR JUGS FOUNTAIN DR. 628.62 09/16/2022 5070-800-7510 2022250106073 PURE CHLOR JUGS FOUNTAIN DR. 314.32 09/16/2022 5072-800-7510 Check Total: 3,143.12
Vendor: 154141 VERIZON Check Sequence: 13 ACH Enabled: False 9915330150 AUGUST IPADS ACCOUNT 842109324-00001 62.72 09/16/2022 5050-700-7810 9915330150 AUGUST IPADS ACCOUNT 842109324-00001 43.90 09/16/2022 5071-800-7810 9915330150 AUGUST IPADS ACCOUNT 842109324-00001 12.55 09/16/2022 5070-800-7810 9915330150 AUGUST IPADS ACCOUNT 842109324-00001 6.27 09/16/2022 5072-800-7810 Check Total: 125.44
Vendor: 155000 WARDEN'S Check Sequence: 14 ACH Enabled: False 2084329-0 OFFICE SUPPLIES FOR ADMIN. 90.18 09/16/2022 1010-110-7515 2084449-0 OFFICE OPERATING SUPPLIES FOR ADMIN. 62.70 09/16/2022 1010-110-7510 2084683-0 OPERATING SUPPLIES FOR ADMIN. 32.35 09/16/2022 1010-110-7510 2084744-0 OPERATING SUPPLIES FOR ADMIN. 34.78 09/16/2022 1010-110-7510 AP-Computer Check Proof List by Vendor (09/16/2022 - 3:33 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 220.01
Total for Check Run:

Total of Number of Checks:
54,498.64
14 AP-Computer Check Proof List by Vendor (09/16/2022 - 3:33 PM) Page 4 User:

Printed: 09/19/2022 - 11:44AM
trish
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00019.09.2022
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 105201 BANK OF THE WEST (IRS TAXES) Check Sequence: 1 ACH Enabled: True PR Batch 00019.09.2022 Federal Income Tax 4,282.23 09/19/2022 1010-000-2220 PR Batch 00019.09.2022 Federal Income Tax PR Batch 00019.09.2022 Medicare Employee Portion 652.73 09/19/2022 1010-000-2240 PR Batch 00019.09.2022 Medicare Employee Portion PR Batch 00019.09.2022 Medicare Employer Portion 652.73 09/19/2022 1010-000-2240 PR Batch 00019.09.2022 Medicare Employer Portion PR Batch 00019.09.2022 FICA Employee Portion 88.81 09/19/2022 1010-000-2240 PR Batch 00019.09.2022 FICA Employee Portion PR Batch 00019.09.2022 FICA Employer Portion 88.81 09/19/2022 1010-000-2240 PR Batch 00019.09.2022 FICA Employer Portion Check Total: 5,765.31
Vendor: 108350 CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT Check Sequence: 2 ACH Enabled: True PR Batch 00019.09.2022 CALIFORNIA SDI 406.16 09/19/2022 1010-000-2260 PR Batch 00019.09.2022 CALIFORNIA SDI PR Batch 00019.09.2022 State Income Tax 1,480.93 09/19/2022 1010-000-2230 PR Batch 00019.09.2022 State Income Tax PR Batch 00019.09.2022 EDD TRAINING TAX 1.56 09/19/2022 1010-000-2260 PR Batch 00019.09.2022 EDD TRAINING TAX PR Batch 00019.09.2022 STATE UNEMPLOYMENT 23.72 09/19/2022 1010-000-2260 PR Batch 00019.09.2022 STATE UNEMPLOYMENT Check Total: 1,912.37
Vendor: 139400 PUBLIC EMPLOYEE RETIREMENT SYSTEM Check Sequence: 3 ACH Enabled: True PR Batch 00019.09.2022 EMPLOYEE PERS CONTRIBUTION 3,054.31 09/19/2022 1010-000-2270 PR Batch 00019.09.2022 EMPLOYEE PERS CONTR PR Batch 00019.09.2022 EMPLOYER PAID PERS 4,080.40 09/19/2022 1010-000-2270 PR Batch 00019.09.2022 EMPLOYER PAID PERS Check Total: 7,134.71
Vendor: 148050 STATIONARY ENGINEERS LOCAL 39 Check Sequence: 4 ACH Enabled: False PR Batch 00019.09.2022 UNION DUES 250.39 09/19/2022 1010-000-2290 PR Batch 00019.09.2022 UNION DUES Check Total: 250.39
Vendor: 154101 VANTGEPOINT TRANSFER AGENTS Check Sequence: 5 ACH Enabled: False PR Batch 00019.09.2022 DEFERRED COMP-457 920.00 09/19/2022 1010-000-2280 PR Batch 00019.09.2022 DEFERRED COMP-457 PR Batch 00019.09.2022 457 LOAN REPAY 284.00 09/19/2022 1010-000-2280 PR Batch 00019.09.2022 457 LOAN REPAY PR Batch 00019.09.2022 DEFERRED COMP 457 - % 781.09 09/19/2022 1010-000-2280 PR Batch 00019.09.2022 DEFERRED COMP 457 - % PR Batch 00019.09.2022 DEFERRED COM-457 - EMPLOYER PD 213.02 09/19/2022 1010-000-2285 PR Batch 00019.09.2022 DEFERRED COM-457 - EM AP-Computer Check Proof List by Vendor (09/19/2022 - 11:44 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 2,198.11
Total for Check Run:

Total of Number of Checks:
17,260.89
5 AP-Computer Check Proof List by Vendor (09/19/2022 - 11:44 AM) Page 2 Consent Calendar 3c
October 6, 2022
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Motion: Approving Minutes of the Regular City Council Meeting held September 15, 2022.

SUMMARY:

Consider approving minutes from the September 15, 2022 Regular City Council meeting.

ANALYSIS:

Approve Minutes of the Regular City Council Meeting held on September 15, 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 September 15, 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: Elder Max Viss, The Well Church
ROLL CALL PRESENT:

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

Michael Pitcock, City Manager
Corbett Browning, City Attorney
Patricia Krause, City Clerk / Assistant to the City Manager Lonnie Statzer, Public Works Superintendent
Sgt. Justin Martinez
ADOPTION OF AGENDA:

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

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

CONFLICT OF INTEREST DECLARATION:

None.

WATERFORD CITY COUNCIL REGULAR MEETING – September 15, 2022 - 6:30 PM

1. 2.

Mr. Steven Morrow, from the Stanislaus Regional Transportation Advisory Board came to introduce himself to the Council and to offer his help and answer questions from the Council.

Bait Barn representative came and presented more signatures for the petition against the proposed AM/PM Project.

Mr. Bill Logan spoke out against the proposed AM/PM Project.

Barbara McCann from the Sports Stop brought in petitions against the proposed AM/PM project.

3. 3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Adopting Resolution 2022-49, Approving the Warrant Register in the Amount of $668,928.08 for the Period of August 8 to September 6, 2022. 3c: MOTION: Approving Minutes of the Regular City Council Meeting held August 18, 2022. 3d: MOTION: Approving the Appointment of Rabecca Gallegos to the Planning Commission for the remaining 2-Year Term Ending July 2023 by majority vote of the City Council as provided in Waterford Municipal Code Section 2.24.010.
3e: RESOLUTION: Approve Resolution 2022-50, Approving the Amended Salary Schedules for Years 2017-2022, Adding the City Manager Position.

ACTION: By motion moved and seconded (CM Kitchens / VM Ewing / 4-0) to adopt the consent calendar.

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

4. 4a: ORDINANCE: Second Reading and Adoption of Ordinance 2022-04 Amending Waterford Municipal Code Title 8, Entitled “Health and Safety” By Adding Chapter 8.31 Entitled “Fireworks Regulations and Enforcement”; and by Amending Waterford Municipal Code Title 1, Entitled “General Provisions” Chapter 1.18 Entitled “Administrative Penalties”. (Krause) Public Hearing Opened: 6:44 PM

COMMUNICATIONS FROM THE AUDIENCE

PRESENTATION

FINAL READINGS

ADOPTION OF CONSENT CALENDAR
Public Hearing Closed: 6:44 PM
ACTION: By motion moved and seconded (CM Talbott / VM Ewing / 4-0) to approve the Second Reading and Adoption of Ordinance 2022-04 Amending Waterford Municipal Code Title 8, Entitled “Health and Safety” By Adding Chapter 8.31 Entitled “Fireworks Regulations and Enforcement”; and by Amending Waterford Municipal Code Title 1, Entitled “General Provisions” Chapter 1.18 Entitled “Administrative Penalties”.

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

5. 6.
6a: RESOLUTION: Adopting Resolution 2022-51, Authorizing the City Manager or Public Works Superintendent to sign all documents, applications, assurances, grant agreements and statements in regard to any and all Federal Highway Administration (FHWA) or any other federally-funded or state-funded projects. (Pitcock)
ACTION: By motion moved and seconded (CM Talbott / CM Kitchens / 4-0) to Approve Resolution 2022-51, Authorizing the City Manager or Public Works Superintendent to sign all documents, applications, assurances, grant agreements and statements in regard to any and all Federal Highway Administration (FHWA) or any other federally-funded or state-funded projects.

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

7. 8.
8a: City Project List
8b: Business License Report – August 2022
8c: Parks and Recreation Minutes – June 21, 2022

9. 9a: City Staff
Sgt. Martinez updated the Council of the most recent traffic violations and speed trailer activities.

Public Works Superintendent Statzer informed the Council that staff is continuing to place mulch around town, and that citizens are welcome t help themselves to the mulch that is located at the trailhead park.

Mr. Statzer advised the Council that the Homecoming Parade was the following day and that the Heritage

STAFF/COUNCIL COMMENTS AND MEETING REPORTS

INFORMATIONAL ITEMS

SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY

GENERAL BUSINESS

PUBLIC HEARINGS
Days Event will be occurring on October 1st.

City Clerk Krause wished Mayor a Happy Birthday.

City Attorney Browning updating Council on the closed session item for the evening.

City Manager Pitcock updated the Council on the paving work occurring at H and I Street, and that he is continuing to have ongoing conversations with developers. At this time, Mr. Pitcock did not have an estimate on when the dog park would be completed.
9b: City Council
Vice Mayor Ewing has no comments.

Councilmember Kitchens had no comments.

Councilmember Talbott gave an update on the various meeting she has attended and thanked the community for coming to the Council meeting and encouraged more participation.

Mayor Aldaco reminded everyone about the Homecoming Parade the next day and updated the Council on the ribbon cutting he attended for the completion of work at HWY 99 and 132. Mayor Aldaco thanked Sgt. Martinez for the traffic updates.

10. Meeting Recessed: 6: 58 PM.

Mayor Aldaco recessed the City Council meeting at 6:58 PM to convene to Closed Session directly following the recess. Adjournment of the City Council meeting followed the Report out of Closed Session.

11. 11a: "CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION" (Pursuant to Government Code Section 54956.9(b))

12. 12.

PASSED AND ADOPTED by the Waterford City Council at a regular meeting held on October 6, 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
Public Hearing Item 5a
October 6, 2022
Mark Niskanen, Planning Manager
City Council Staff Report
Resolution: Discussion and Consideration: Resolution 2022-53, of the Waterford City Council Regarding Appeal No. 2022-0001, Reversing the Planning Commission’s Decision and Approving Conditional Use Permit No. 2021-02 and Architectural Site Plan Review No. 2021-03 for the Proposed Arco AM/PM Project, located at 12725 Yosemite Boulevard, APN No. 134-006-013
SUMMARY:

The Applicant, Petrulakis Law & Advocacy, APC, on behalf of the Property Owner, Dhanda Development Group, is appealing the Planning Commission’s action regarding Conditional Use Permit (CUP) No. 2021-02 and Architectural Site Plan Review (ASPR) No. 2021-03. CUP 2021-02 and ASPR 2021-03, hereinafter referred to as the “Proposed Project,” consists of a request to develop a 2,900 square foot AM/PM Convenience Store and Arco Fueling Station located at 12725 Yosemite Boulevard, Assessor Parcel Number 134-006-013. Details of the Proposed Project are provided in Attachment 4B.

Section 17.78.010 states that appeals filed from decisions of the Planning Commission shall be made to the Waterford City Council in writing within ten (10) days after the date of the decision by the Planning Commission. The City Council is required to conduct a public hearing and upon the public hearing, shall be resolution affirm, reverse, or modify the decision of the Planning Commission. An appeal may be referred back to the Planning Commission for additional information, or due to the submission of new material or evidence which the Planning Commission had not considered in their August 23, 2022 public hearing.

On August 23, 2022, the Planning Commission held a noticed Public Hearing to review and consider the Proposed Project. Upon hearing public comment, a motion to approve the Proposed Project was made, followed by a 2nd. Ultimately, the Planning Commission, by a vote of 2-0-2, denied the Proposed Project. The four (4) member commission resulted in 2 votes to approve, 0 votes to deny, and 2 votes to abstain. The reason(s) for the abstain votes was not provided to staff.

For any motion to carry to approval or denial, the Municipal Code requires a majority vote. In the case of the Planning Commission, three (3) votes are required for a motion to carry.

On September 1, 2022, and in accordance with Section 17.78.010 of the Municipal Code, the Applicant filed an appeal of the Planning Commission’s action to the City Council.

Attachment 4b includes the Planning Commission Staff Report Packet for the Proposed Project, and Attachment 4c includes the Appeal Letter filed by the Applicant on September 1, 2022.

FISCAL IMPACT:

The applicable application fees have been paid by the Applicant for this item.

ENVIRONMENTAL REVIEW:

Per WMC Section 17.52.040 Review Authority – Powers and Duties, the Design Review Committee is tasked with reviewing the project and determining the required environmental impact assessment under the applicable provisions of city policy as adopted by resolution pursuant to the California Environmental Quality Act, as amended.

The Design Review Committee has determined that, in accordance with Section 15332 (Class 32 - InFill Development Projects) of the CEQA Guidelines, the Proposed Project is exempt from further environmental review.

PUBLIC NOTICE:

In accordance with the City’s Municipal Code, a Public Notice was published in the Waterford News on September 21, 2022, in addition to being mailed to Property Owners located within a 300-foot radius of the Project site within ten (10) working days prior to the City Council Public Hearing.

RECOMMENDATION:

Based on the findings included in Attachments 4a and 4b, City staff recommends to the City Council adoption of a Resolution, reversing the Planning Commission action of denying the Proposed Project, and approve Conditional Use Permit No. 2021-02 and Architectural Site Plan Review No. 2021-03, and authorize staff to file a Notice of Exemption in accordance with Section ATTACHMENTS:
4a: Draft Resolution No. 2022-53
4b: Planning Commission Staff Report Packet from August 23, 2022 4c: Letter from Petrulakis Law & Advocacy, APC, dated September 1, 2022 4d: DRAFT Minutes of August 23, 2022 Planning Commission Meeting 4e. Applicant Submitted Petition in Support of Project
4f. Petition Submitted to City in Opposition of Projcet Attachment 4a
Draft Resolution No. 2022-53
RESOLUTION 2022-53

WATERFORD CITY COUNCIL
RESOLUTION # 2022-53
RESOLUTION OF THE WATERFORD CITY COUNCIL REGARDING APPEAL NO. 2022-0001, APPROVING A CONDITIONAL USE PERMIT AND ARCHITECTURAL

SITE PLAN REVIEW APPLICATION FOR THE PROPOSED
ARCO AM/PM PROJECT, LOCATED AT 12725 YOSEMITE BOULEVARD, APN 134- 006-013. (CUP 2021-02 AND ASPR 2021-03)
WHEREAS, the request is for a Conditional Use Permit (CUP) and Architectural Site Plan Review (ASPR) to construct an Arco AM/PM Convenience Store, associated Fueling Station and site improvements including parking, landscaping, and utility connections on a 0.67-acre parcel located at 12725 Yosemite Boulevard, Assessor Parcel Number 134-006-013; and, WHEREAS, the subject parcel is located in the Commercial (CO) General Plan designation and Planned Community (PC) General Commercial (GC) Zoning District; and, WHEREAS, the Planning Commission has reviewed Staff recommendations and finds the project exempt from CEQA under the provision of Section 15332 (Class 32 – In-Fill Development Projects) of the CEQA Guidelines; and,
WHEREAS, the Planning Commission reviewed and considered the Conditional Use Permit No. 2021-02 and ASPR 2021-03 to allow for the construction of an Arco AM/PM Convenience Store, associated Fueling Station and site improvements including parking, landscaping, and utility connections on a 0.67-acre parcel located at 12725 Yosemite Boulevard; and, WHEREAS, the Planning Commission held a duly noticed Public Hearing on August 23, 2022 and considered CUP No. 2021-02 and ASPR 2021-03; and,
WHEREAS, by a vote of 2 (yes), 0 (no), and 2 (abstain), the motion to approve CUP No. 2021- 02 and ASPR 2021-03 failed to pass; and,
WHEREAS, on September 1, 2022, the Applicant filed an appeal of Planning Commission’s action to the City Council and City Clerk in accordance with Section 17.78.010 of the Waterford Municipal Code; and,
WHEREAS, on October 6, 2022, the City Council held a noticed public hearing on the item, and the item was continued to the meeting date of October 20, 2022; and, WHEREAS, notice of the public hearing on the proposed Resolution was published in the Waterford News, a newspaper of general circulation, on September 21, 2022; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

RESOLUTION 2022-53
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterford hereby reverses the Planning Commission action taken on August 23, 2022 regarding CUP 2021- 02 and ASPR 2021-03 based on the following:

1. Conditional Use Permit Findings. That pursuant to the Waterford Municipal Code Chapter 17.75, the City Council finds as follows:
a. The proposed use is consistent with the Goals and Policies of the Vision 2025 General Plan, and the CH, Commercial Highway Zoning District. b. The proposed use will not constitute a nuisance or be detrimental to the public health, safety, and general welfare.
c. The site is adequate in size and shape to accommodate the proposed C-Store and Fueling Station.
d. The site is located along Yosemite Boulevard and F Street, and it is not expected that the proposed CUP and ASPR will have an adverse impact to traffic in the surrounding area.
e. The existing site and proposed use are compatible with the surrounding neighborhood and commercial uses.

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. 2021-02 and Architectural Site Plan Review No. 2021-03 subject to the Conditions of Approval incorporated by reference herein.

3. The City Council finds that Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA Review under the provision of Section 15332 (Class 32 – In-Fill Development Projects) of the CEQA Guidelines.

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.

RESOLUTION 2022-53
The foregoing Resolution was passed and adopted by the City Council of the City of Waterford, Stanislaus County, at a meeting held on October 6, 2022 and October 20, 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 CORBETT J. BROWNING
City Clerk City Attorney
Attachment 4b
Planning Commission Staff Report Packet from August 23, 2022 ITEM #: 4a
SECTION:Public Hearing
Planning Commission - Staff Report
Meeting Date: August 23, 2022
From: Mark Niskanen, Planning Manager, [email protected] Prepared By: Marissa Martinez, Administrative Analyst/Deputy City Clerk, [email protected]
Content Item Title: Conditional Use Permit Application No. 2021-02 and Architecture Site Plan Review Application No. 2021-03; 12725 Yosemite Blvd. (APN: 134-006-013) EXECUTIVE SUMMARY:

The Applicant, TAIT & Associates, is requesting a Conditional Use Permit and Architecture Site Plan Review to allow for a 2,900 square foot AM/PM convenience store and a 4,500 square foot ARCO fuel canopy, hereinafter referred to as the “Proposed Project.” The Proposed Project is located at 12725 Yosemite Boulevard, with the APN 134-006-013, and is 0.67 acres in size.

The site is currently vacant and undeveloped. Surrounding land uses include commercial the north, F Street to the east, vacant and undeveloped land designated as Planned Community Zoning District to the south, and commercial to the west.

RECOMMENDATION / ANALYSIS:

Site Description
The Project site is located at 12725 Yosemite Boulevard at the intersection of F Street and Yosemite Boulevard.

The illustration on the following page shows the site marked by a star. As discussed above, the site is designated for Commercial (CO) land uses per the City’s Vision 2025 General Plan and is located within the PC (CG), Planned Community (General Commercial) Zoning District. The site is 0.67 acres in size and is relatively flat in topography except for the south side the property that where the driveway slopes downward towards Yosemite Boulevard.

Project Description
The Proposed Project involves the construction of a 2,900 square foot AM/PM convenience store and a 4,500 square foot ARCO fuel canopy. The convenience store has a color palette consisting of browns, beige, gray, and orange. The convenience store will use exterior materials consisting of faux wood aluminum composite, stone veneer, stucco, and aluminum awnings. The Proposed Project is proposed to operate twenty-four (24) hours per day, seven (7) days per week. At any given time, there will be a maximum of three (3) employees on site.

The fuel canopy will have the colors typical of ARCO branding, blue, white, and red for the logo. Additionally, the columns of the fuel canopy will utilize the stone veneer to match the convenience store. The fuel canopy will include six (6) MDP fuel dispensers, creating an additional twelve (12) spaces for customers to fuel vehicles.

Site Plan:

The Proposed Project consists of two (2) entrances via thirty-five (35) foot driveways on Yosemite Boulevard (SR 132) and F Street. The driveways will be limited to right-in and right-out traffic only. The convenience store is situated on the west side of the site, with the building frontage facing east. Nine (9) parking spaces adjacent to the building’s frontage. Two (2) of these spaces are ADA accessible. Additionally, the fuel canopy will provide twelve (12) parking spaces adjacent to the fuel pumps. In total, there are twenty-one (21) proposed parking spaces. One (1) EV charging station and one (1) air and water unit is provided near the parking spaces.

A trash enclosure is located on the northwest side of the site next to the convenience store, and has split face CMU walls, stone veneer, and metal gates. A pedestrian path connects the sidewalk on Yosemite Boulevard to the convenience store.

The fuel canopy is located in the north half of the site and measures fifty (50) foot by ninety (90) foot. Two (2) underground storage tanks, with a total 47,000 gallons of capacity, are located south of the fuel canopy at the southeast corner of the site.

Landscaping includes parking lot shade trees, foundation shrubs, mid-ground shrubs, accent shrubs, hedge/border shrubs, bio-retention planting, groundcover, and entry groundcover. Entries are accented with colorful accent plans such as at the driveways and pedestrian path. Shades trees are utilized at the ends of the parking spaces adjacent to the convenience store. Large shrubs are utilized to screen fencing along the north and west property lines. Bio-retention planters are incorporated at the southwest and southeast corners of the site and are tiered with groundcover and shrubs.

The Proposed Project will connect to City services, including water and sewer. The developer will install a six (6) inch sewer service line, off the existing six (6) inch sewer service line in F Street, to serve the convenience store. The Proposed Project will connect to the sixteen (16) inch water main in Yosemite Boulevard via an existing two (2) inch water service line. A new one (1) inch irrigation water service will connect to the sixteen (16) inch water main. A new fire hydrant will be installed east of the driveway on Yosemite Boulevard and connect to the sixteen (16) inch water main. An onsite stormwater treatment area will be installed at the southeast corner of the site and will connect to the twenty-four (24) inch storm drain line in Yosemite Boulevard via a new eight (8) inch storm drain line.

Conditions of approval include, but are not limited to, the following:
• Extend Yosemite Boulevard frontage improvements (curb, gutter, sidewalk) to the intersection of Yosemite Boulevard and G Street.
• Allow for future site connection to Assessor Parcel Number 134-006-015 via an Access Agreement subject to the review and approval of the City Attorney’s Office.

The Site Plan is attached to this Staff Report (Attachment 2).

General Plan Conformance:

As noted above, the Proposed Project is designate for Commercial (CO) land uses per the City’s Vision 2025 General Plan. Applicable General Plan Policies include:
• Policy L-2.1: Encourage development of appropriate commercial and industrial uses throughout the City.
• Policy L-2.7: Locate and design new commercial development to provide good access from adjacent neighborhoods and reduce congestion on major streets.
• Policy T1.4: Promote Traffic Safety.

Zoning Ordinance:

In 1978, the Waterford City Council approved Ordinance No. 78-11, assigning a zoning designation of Planned Community (PC) General Commercial (GC) to the Project site. Typically, with a PC zone designation, there are site specific development standards and uses. However, in this case, and based on staff’s review of City files, the Project’s site’s PC zoning designation does not carry any site-specific development standards and/or permitted uses. Therefore, for the purposes of processing the Proposed Project, staff relied upon the development standards set forth in the Commercial Highway Service (CH) zone district, which is the typical zone district for properties along the Yosemite Boulevard corridor.

The Proposed Project is defined as a “Service Station” per Section 17.04.050(FF)(3) of the Zoning Ordinance.

Service Stations require a Use Permit per Section 17.24.030 of the Zoning Ordinance and are required to adhere to Section 17.40.210 of the Zoning Ordinance. The table below depicts the development standards required by the Zoning Ordinance followed by a determination if the Proposed Project is in conformance with said Ordinance.

Development Standard City Requirement Proposed Project Conformance? Minimum Lot Area 6,000 square feet
Setback:

Front:

Side:

Rear:
10-feet
5-feet
10-feet
30-feet
5-feet
10-feet
Yes.

Maximum Height 30-feet 26-feet Yes.

Maximum Lot Coverage 60% 29% (C-Store, Fueling
Canopy, and Trash
Enclosure)
Yes.

Minimum Site Landscaping 10% More than 10%
Off Street Parking* 18 parking spaces 21, including fueling stations
Yes.

Minimum Separation
Between Service Stations
500-feet, except that
one such use may be
located at each corner
of a street intersection
Less than 500-feet.

However, Project site is
located on street
intersection corner
Yes.

Note: Section 14.54.030 allows for one (1) parking space per service bay (i.e. fueling station), plus 1 space per 250s.f. retail space.

In addition, note 2 of Section 17.24.030 provides guidance for Convenience Stores. As described therein, the Proposed Project requires a Use Permit as the Convenience Store is more than 1,500 square feet in size. The Proposed Project is also required to be located more than 500-feet from a site occupied by a public or private school and a park or recreational facilities. Based on staff’s review, the Proposed Project is located approximately 994-feet from Waterford Middle School and approximately 600-feet from Connecting Waters Charter School. There are no schools or recreational facilities within 500-feet of the Project site.

Note 2 of Section 17.24.030 allows for Convenience Stores to be open between the hours of 6:00am and 10:00pm. Longer hours are permitted only if they would not have an adverse effect on neighborhood uses. The Proposed Project is located on the City’s primary commercial corridor (Yosemite Boulevard and F Street) and is surrounded by commercial uses. In addition, other such uses along the Yosemite Boulevard Corridor are open 24-hours per day. Below is a list of other such uses along the Yosemite Boulevard Corridor and their hours of operation (based on visual inspections, phone calls, and internet research):
• Sport Stop – 24-hours per day.
• Triple R Gas and Market – Closes at 9:00pm.
• RK Service Station – Closes at 10:00pm.
• Bait Barn/Kwik Serve – 24-hours per day.

Waterford Architectural Design Guidelines
The City’s Architectural Design Guidelines were adopted in 1998 and amended in 2015, and provide guidelines related to residential and commercial site planning and architectural features. The document specifies the site plan and architectural guidelines for non-residential district site planning, landscaping, and architectural features and materials.

The Proposed Project is consistent with the site plan and architectural guidelines. Specifically, the Proposed Project features:
• Varying rooflines
• Buildings with texture/façade relief
• Continuous sidewalks with integral curb and gutter
• Landscaping that is minimal and low to keep with the open theme of the corridor • Continuous sidewalks from S. E Street to the site.

The architectural features and materials of the convenience store include stucco, expansion joints browns, faux wood aluminum composite, stone veneer, and aluminum awnings. Colors include beige, brown, gray, and orange as an accent. The fuel canopy will have the colors typical of ARCO branding, blue, white, and red for the logo. The columns of the fuel canopy utilize the stone veneer to match the convenience store.

Building Elevations are attached to this Staff Report (Attachment 2).

Project Referral
The Proposed Project Application was distributed to various City Departments and Agencies for a 20-day referral. City Departments and Agencies that the project was referred to are as follows:
• Caltrans District 10;
• Comcast Cable;
• Gilton Solid Waste Management;
• Modesto Irrigation District (MID);
• Pacific Bell;
• Pacific Gas and Electric (PG&E);
• San Joaquin Valley Air Pollution Control District (SJVAPCD); • Stanislaus County Environmental Resources
• Waterford Unified School District;
• City Manager;
• City Engineer;
• City Public Works Director;
• City Building Inspector;
• Stanislaus Consolidated Fire Protection District, and • Stanislaus Sheriff’s Department.

At the time of writing this staff report three (3) comment letter were received from 1) Caltrans District 10, 2) Stanislaus County Environment Resources, and 3) the City Building Inspector. The Caltrans District 10 letter requested the preparation of a Transportation Impact Assessment (Attachment 5) and addressed required improvements along Yosemite Boulevard (SR132) which have been include as Conditions of Approval. The Stanislaus County Environmental Resources letter addressed requirements for food facilities and installation of underground storage tanks holding petroleum substances. The City Building Inspector’s letter addressed proper ADA access to the convenience store, which have been incorporated as Conditions of Approval.

Comments received by staff are included as Attachment 3 of this Staff Report.

Public Workshop
On October 26, 2021, the applicant held a noticed Public Workshop at the Planning Commission meeting.

Notices for the Public Workshop were distributed to Property Owners within a 300-foot radius of the Project site. Despite notices being distributed, in attendance at this Workshop were the Commissioners and City staff.

One (1) resident attended but did not provide comment.

While there have been specific revisions, such as the addition of AM/PM and Arco as tenants for the facility, the Proposed is substantially the same as what was presented to the Planning Commission in October 2021.

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 Conditional Use Permit and Architecture Site Plan Review Application.

CEQA:

Per WMC Section 17.52.040 Review Authority – Powers and Duties, the Design Review Committee is tasked with reviewing the project and determining the required environmental impact assessment under the applicable provisions of city policy as adopted by resolution pursuant to the California Environmental Quality Act, as amended.

The Design Review Committee has determined that, in accordance with Section 15332 (Class 32 - In-Fill Development Projects) of the CEQA Guidelines, the proposed project is exempt from further environmental review. Attachment 4 includes the Draft Notice of Exemption.

RECOMMENDATION:

Based on the analysis contained in this Staff Report, Staff recommends the Planning Commission adopt Resolution No. 2022-05, approving Conditional Use Permit Application No. 2021-02 and Architecture Site Plan Review Application No. 2021-03, subject to the Conditions of Approval contained therein.

ATTACHMENTS: (List all attachments.)

1. Planning Commission Resolution No. 2022-05

2. Building Elevations, Site Plan, Conceptual Landscape Plan

3. Agency Comments

4. Draft Notice of Exemption

5. Draft Transportation Impact Assessment, dated May 10, 2022, prepared by Barrios Transportation Consulting

WATERFORD PLANNING COMMISSION
RESOLUTION 2022-05

RESOLUTION OF THE WATERFORD PLANNING COMMISSION APPROVING AN

CONDITIONAL USE PERMIT AND ARCHITECTURAL SITE PLAN REVIEW

APPLICATION FOR THE PROPOSED
ARCO AM/PM PROJECT, LOCATED AT 12725 YOSEMITE BOULEVARD, APN 134- 006-013. (CUP 2021-02 AND ASPR 2021-03)
WHEREAS, the request is for a Conditional Use Permit (CUP) and Architectural Site Plan Review (ASPR) to construct an Arco AM/PM Convenience Store, associated Fueling Station and site improvements including parking, landscaping, and utility connections on a 0.67-acre parcel located at 12725 Yosemite Boulevard, Assessor Parcel Number 134-006-013; and, WHEREAS, the subject parcel is located in the Commercial (CO) General Plan designation and Planned Community (PC) General Commercial (GC) Zoning District; and, WHEREAS, the Planning Commission has reviewed Staff recommendations and finds the project exempt from CEQA under the provision of Section 15332 (Class 32 – In-Fill Development Projects) of the CEQA Guidelines; and,
WHEREAS, the Planning Commission finds that the proposed project is consistent with the residential land use goals and policies of the City of Waterford General Plan; and, WHEREAS, the Planning Commission reviewed and considered the Conditional Use Permit No. 2021-02 and ASPR 2021-03 to allow for the construction of an Arco AM/PM Convenience Store, associated Fueling Station and site improvements including parking, landscaping, and utility connections on a 0.67-acre parcel located at 12725 Yosemite Boulevard; and, WHEREAS, the Planning Commission held a duly noticed Public Hearing on August 23, 2022 and considered CUP No. 2021-02 and ASPR 2021-03; and,
WHEREAS, the Planning Commission approves CUP No. 2021-02 and ASPR 2021-03 as depicted in Exhibit “A”, incorporated herein as a part of this Planning Commission Resolution, and hereby approves the Conditional Use Permit subject to the Conditions of Approval presented in Exhibit B; and,
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Waterford hereby:

1. Conditional Use Permit Findings. That pursuant to the Waterford Municipal Code Chapter

17.75, the Planning Commission finds as follows:
a. The proposed use is consistent with the Goals and Policies of the Vision 2025 General Plan, and the CH, Commercial Highway Zoning District. b. The proposed use will not constitute a nuisance or be detrimental to the public health, safety, and general welfare.
c. The site is adequate in size and shape to accommodate the proposed C-Store and Fueling Station.
d. The site is located along Yosemite Boulevard and F Street, and it is not expected that the proposed CUP and ASPR will have an adverse impact to traffic in the surrounding area.
e. The existing site and proposed use are compatible with the surrounding neighborhood and commercial uses.

1. 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. 2021-02 and Architectural Site Plan Review No. 2021-03 subject to the Conditions of Approval presented in Exhibit B, attached, and incorporated by reference herein.

2. 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 15332 (Class 32 – In-Fill Development Projects) of the CEQA Guidelines.

3. 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 August 23, 2022, and moved for adoption by Commissioner ______ and duly seconded by Commissioner _____; passed by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
___________________________ _________________________________ Brandon Rivers, Chairman Patricia Krause, Planning Secretary Exhibit A
Conditional Use Permit 2021-02 and Architectural Site Plan Review No. 2021- 03 -
Exhibit B
CUP 2021-02 Conditions of Approval
Exhibit B
Conditional Use Permit (CUP) 2021-02 and Architectural Site Plan Review (ASPR) 2021- 03 Conditions of Approval
City of Waterford
12725 Yosemite Boulevard (APN No. 134-006-013
Prepared: August 12, 2022
Action taken by the Planning Commission: August 23, 2022 A. Project Authorization

1. The project shall be in conformance with all City Ordinances, rules, regulations, and policies.

The conditions listed below are particularly pertinent to this approval but shall not be construed to permit violation of other laws and policies not so listed.

2. Approval is limited to the conformance of the land use and zoning. Use of the property shall be limited to those permitted in the CH, Commercial Highway zoning district as applicable, as it exists now or may be amended in the future.

3. The Condition Use Permit shall expire by: August 23, 2023, unless a building permit is issued, or a request for an extension is received by the City prior to the expiration of the Conditional Use Permit and approved by the Planning Commission.

4. The applicant and/or outside party have the right to appeal, within ten (10) days, any decision of the Planning Commission to the City Council per the provisions contained in the Waterford Municipal Code.

B. Project Specific Conditions
Prior to the issuance of a Building Permit, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning Department and Public Works Department:

1. The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall describe how the condition has been met and shall; where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. A copy of these responses shall be provided with each set of the final Site Plan and improvement plans.

C. General Conditions of Approval
Planning Department

1. Development shall conform to the Site Plan and Building Elevations designated by the City Planning Department as Exhibit A.

2. The development impact fees and project processing fees due in connection with this project shall be based upon the fees in effect at the time the fee is paid unless modified by a Development Agreement or other mechanism approved by the City. All developers of property within this project site shall pay the appropriate City Capital Facilities Fees and County Public Facilities Fees, Waterford Unified School District fees, and any other applicable fees in place. These fees may be adjusted annually based on the construction cost index or other method as approved by the city.

3. The Planning Department may approve minor amendments to the Conditional Use Permit, provided that the permit is still in substantial conformance with the original approval. A request for a minor amendment shall be submitted in writing to the Planning Department.

4. Any plans associated with the Conditional Use Permit shall be in substantial conformance to the approved site plan and the development shall be consistent with the applicable sections of the General Plan and Zoning Ordinance. Violation of any provision(s) may result in Code Enforcement action, which may include revocation of the permit and/or monetary penalties.

5. All signage shall be consistent with the standards and guidelines established in Chapter

17.60 of the Waterford Municipal Code. If applicable, a sign permit shall be obtained from the Planning Department prior to the construction of any project signage if said permit was not obtained with the original project approval.

6. The developer will defend, indemnify, and hold harmless the City, its agents, officers, employees, and volunteers from and against all claims, lawsuits or causes of action (whether brought solely against the City or jointly against both City, developer, or others), damages, losses, and expenses, including attorney fees, arising in any manner out of the approval or the application approved herein, including, without limitation, all actions or proceedings to attack, set aside, void or annul the permit granted pursuant to the City’s approval of the application referenced herein, provided the City notifies the developer within a reasonable time of any such claim, action or proceeding, and cooperates in the defense of such claims, actions or proceedings.

7. Prior to the issuance of a Building Permit, the Developer and/or Project Proponent shall submit for review by the City Attorney’s Office, and record with the Stanislaus County Clerk Recorder’s Office, an Agreement allowing for future connection and access to APN No. 134006015.

8. The Applicant shall comply with the Letter provided by Caltrans, District 10, dated October 1, 2021. A copy of this Letter is on file at Waterford City Hall, 101 E Street, Waterford, CA 95386. Compliance shall include obtaining an Encroachment Permit from Caltrans prior to any work conducted on Yosemite Boulevard.

9. Any signage shall comply with the Waterford Zoning Ordinance and specifically, Chapter

17.60 (Signs). Prior to the installation of any signage, a Sign Permit shall be obtained from the Planning Department.

10. Perimeter fencing shall consist of chain link with vinyl slats. Perimeter fencing shall be reviewed and approved by the Planning Manager prior to the approval of the Project’s Improvement Plans.

11. The trash enclosure shall consist of a decorative masonry wall with a decorative steel cap.

Prior to the approval of the Project’s Improvement Plans, the Planning Manager shall review and approve the design of the trash enclosure.

Building Department

1. Approval of Conditional Use Permit No. 2021-02 and Architectural Site Plan Review No. 2021-03 is not an authorization to commence construction. Building construction, alterations, repairs, sign erection, or occupancy shall not be permitted without prior approval of the Building Department through the issuance of any required permits.

2. All construction shall meet the requirements of the currently adopted California Building, Fire, Mechanical, Plumbing, Electrical, and Energy Codes, as well as all Administrative, Residential, and Green Building referenced standards.

3. A sprinkler system shall be required if required under California Building Code. The applicant shall mark the location of firewalls on the exterior of the building in a manner approved by the Building Department.

4. Accessibility to any proposed buildings shall meet all applicable laws.

5. Accessible parking stalls are required to meet minimum dimensions with the access area on the passenger side.

6. The applicant shall provide on-site restroom facilities during construction.

Public Works/Engineering

1. Improvement Plans prepared by a registered civil engineer shall be submitted to the City Engineer for review and approval. Plans shall include all proposed site improvements and all proposed improvements within the city right-of-way. Plans shall also include all walls/fences at the perimeter of the project and property lines. Plans shall include a detailed topographic survey of the existing site.

2. A grading and drainage plan shall be submitted to, and approved by, the City Engineer prior to the start of work at the site. No grade severance to adjacent properties shall be created.

3. Landscape Plans, prepared by a licensed Landscape Architect, and in compliance with Chapter 17.45 of the Municipal Code, shall be submitted to, and approved by, the City Engineer prior to the start of work at the site.

4. If applicable and as determined by the City Engineer, the Developer shall submit a wall plan identifying dimensions, retaining (if any) and block type, color and texture for review and approval.

5. Encroachment permits shall be required for all work within the public right-of-way. Any work done in the public right-of-way shall be approved by the City Engineer prior to the start of construction. Bonding for those improvements will be required as specified by Public Works/City Engineer.

6. Fuel canopy downspouts shall be connected to the Project’s storm drain system.

7. Provide trench drain (HS-20 loading) and oil/water separator along the edge of the fueling areas to capture fuel or oil spills.

8. Storm water treatment area (bioswales or equivalent) are permitted, but the Project will be required to retain storm water on site. The design of the Project’s storm drain system shall be reviewed and approved by the City Engineer prior to the approval of any Improvement Plans. All storm drainage improvements shall be designed in accordance with the design criteria set forth in Chapter 7 of the City Standards.

9. Complete frontage improvements along Yosemite Boulevard with appropriate transition per Caltrans Standards. Off-site improvements stated below shall be subject to reimbursement via the City’s Capital Facilities Fee program. Improvements shall consist of the following:
a. Install curb, gutter, and sidewalk improvements along the project site’s frontage and extend improvements westerly to the intersection of G Street and Yosemite Boulevard.
b. Installation of a streetlight at the northeast corner of Yosemite Boulevard and G Street.

10. Complete frontage improvements along F Street subject to the review and approval by the City Engineer.

11. If applicable, all sewer laterals shall have a minimum cover of 3 feet, 6 inches from the top of the pipe to finished grade at center line. All sewer mains shall extend to the center of property frontage.

12. Prior to the start of underground work/digging the developer shall contact USA (Underground Service Alert) at 1-800-642-2444.

13. Appropriate dust control shall be provided at the contractor’s expense to minimize any dust nuisance and shall be in accordance with San Joaquin Valley Air Pollution Control District (SJVAPCD), Regulation VIII.

14. The contractor shall provide all lights, signs, barricades, flagmen or other devices necessary for public safety in accordance with the current issue of “Manual of Traffic Controls, Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways,” published by the State of California Business and Transportation Agency.

15. Materials testing required by the City Engineer for work shall be provided by the Developer and submitted to the City Engineer for approval.

16. Prior to final acceptance of the improvements, the developer shall provide a set of “asbuilt” drawings to the City Engineer.

17. Curbs, gutters and sidewalks shall be constructed and/or repaired in accordance with the City Standards and the requirements of Title 16 of the Waterford Municipal Code.

18. The developer shall be responsible for obtaining soil R-value tests, specifically supervised by the City Engineer, in sufficient quantity to establish the quality of the soil and a basis for the preliminary structural section of all proposed roadways.

19. Developer shall meet all applicable requirements of the Phase II Municipal Separate Storm Water Sewer System (MS4) Permit (Order No. 2013-0001-DWQ) Stanislaus County Department of Environmental Resources

20. Any applicant proposing to construct a retail food facility shall submit legible plans and specifications to the Department of Environmental Resources for review and written approval prior commencing construction.

21. Food facilities may be required to install grease interceptors in the wastewater line leading from drains, sinks, and other fixtures or equipment, where grease may be introduced into the sewer system in quantities and can cause blockage. A grease interceptor shall not be located in a food or utensil handling area.

22. The applicant shall contact the Department of Environmental Resources regarding appropriate permitting requirements for hazardous materials and/or wastes. Applicant and/or occupants handling hazardous materials or generating hazardous wastes must notify the Department of Environmental Resources relative to the following:
a. Requirements and fees for installing above ground storage tanks holding petroleum substances (i.e. diesel, gasoline, waste oil, new oil, etc.) b. Requirements and fees for installing underground storage tanks holding petroleum substances.
c. Submittal of hazardous materials Business information into the California Electronic Reporting System (CERS) by handlers of materials in excess of 55 gallons, 500 pounds of hazardous material, or of 200 cubic feet of compressed gas. d. The handling of acutely hazardous materials may require the preparation of a Risk Management Prevention Program which must be implemented prior to operation of the facility. The list of acutely hazardous materials can be found in SARA, Title III, Section 302.
e. Generators of hazardous waste must notify the Department relative to the:
i. Quantity of waste generated.
ii. Plans for reducing wastes generated; and proposed waste disposal processes.
iii. Generators of hazardous waste must also use the CERS data base to submit chemical and facility information to the DER.
f. Generators of hazardous waste must apply for and maintain an active state or federal EPA ID number from the Department of Toxic Substances Control.

Stanislaus Consolidated Fire Protection District

23. The developer shall install fire hydrant(s) subject to the review and approval of the Stanislaus Consolidated Fire Protection District (District). The location of said hydrant shall be reviewed and approved by the District.

Arco Dhanda Development Group
1463 Moffat Blvd Ste 3, Manteca, CA 95336

LIGHTING

CONTROLS
ACCESS

ACCESS BY QUALIFIED
PERSONNEL ONLY!
PH. (704) 364-9029 / 1-800-736-4455 / FAX (704) 367-1215 1132 Pro Am Dr. Charlotte, NC 28211 Carolina Products, Inc. CPI CPI CAROLINA PRODUCTS, INC.

LIGHTING

CONTROLS
ACCESS

ACCESS BY QUALIFIED
PERSONNEL ONLY!
PH. (704) 364-9029 / 1-800-736-4455 / FAX (704) 367-1215 1132 Pro Am Dr. Charlotte, NC 28211 Carolina Products, Inc. CPI CPI CAROLINA PRODUCTS, INC.

LIGHTING

CONTROLS
ACCESS

ACCESS BY QUALIFIED
PERSONNEL ONLY!
PH. (704) 364-9029 / 1-800-736-4455 / FAX (704) 367-1215 1132 Pro Am Dr. Charlotte, NC 28211 Carolina Products, Inc. CPI CPI CAROLINA PRODUCTS, INC.

THIS SHEET IS

INFORMATION
ONLY
FOR

BP WEST COAST PRODUCTS, LLC
ARCO
bp
12725 YOSEMITE BLVD
@ F STREET

WATERFORD, CALIFORNIA
FACILITY #TBD
22338
-
-

ARCO NTI
2900 AM/PM
6 MPD'S CANOPY

EXTERIOR

ELEVATIONS
A2.1

FRONT ELEVATION

LEFT ELEVATION

GENERAL NOTES

KEYED NOTES

COLOR LEGEND

REAR ELEVATION

RIGHT ELEVATION

MATERIAL LEGEND

BP WEST COAST PRODUCTS, LLC
ARCO
bp
12725 YOSEMITE BLVD
@ F STREET

WATERFORD, CALIFORNIA
FACILITY #TBD
22338
-
-

ARCO NTI
2900 AM/PM
6 MPD'S CANOPY
CANOPY

ELEVATIONS
CA2.1

EAST CANOPY ELEVATION

NORTH CANOPY ELEVATION

BUILDING SIDE

COLOR LEGEND

STREET SIDE

YOSEMITE BLVD
(HWY 132)

WEST CANOPY ELEVATION

SOUTH CANOPY ELEVATION

BUILDING SIDE

STREET SIDE

YOSEMITE BLVD
(HWY 132)

STREET SIDE

F STREET

THIS SHEET IS

INFORMATION
ONLY
FOR

BP WEST COAST PRODUCTS, LLC
ARCO
bp
12725 YOSEMITE BLVD
@ F STREET

WATERFORD, CALIFORNIA
FACILITY #TBD
22338
-
-

ARCO NTI
2900 AM/PM
6 MPD'S CANOPY

TRASH/ RECYCLE

ENCLOSURE
G1.4 REAR ELEVATION

TRASH/ RECYCLE ENCLOSURE PLAN

LEFT SIDE ELEVATION

RIGHT SIDE ELEVATION

FRONT ELEVATION

SECTION
A-A
A-A
A-A
A-A
A-A
A-A

TRASH/ RECYCLE ENCLOSURE ROOF PLAN
A-A
A-A

THIS SHEET IS

INFORMATION
ONLY
FOR
165'
164'
164'
166'
166'
166'
167'
167'
167'
167'
167'
165'
165'
164'
166'
166'
166' 166'
166'
167'
167' 166'
166'
166'
166'
167'
166'
166'
166'
166'
166'
167'
167'
167'
167'
167'
167'
168'
167'
165'
166'
164'
164'
164'
165'
165'
167'
167'
166'
165'
166'
165'
167'
167'
167'
167'
167'
165'
167'
167'

BP WEST COAST PRODUCTS, LLC
ARCO
bp
12725 YOSEMITE BLVD
@ F STREET

WATERFORD, CALIFORNIA
FACILITY #TBD
22338
-
-

ARCO NTI
2900 AM/PM
6 MPD'S CANOPY
Preliminary Not For Construction

PRELIMINARY

SITE PLAN
PT
PT
AD
SP-1

F STREET
YOSEMITE BLVD (HWY 132)
11280 Trade Center Drive
Rancho Cordova, CA 95742
p: 916/635/2444 f: 916/635/2606
www.tait.com
Since 1964 Los Angeles
Rancho Cucamonga
Sacramento
Seattle
Boise
Dallas Denver North Dakota PU-1 N GRAPHIC SCALE

F STREET
YOSEMITE BLVD (HWY 132) DMA 2 AREA=6,545 SQ.FT =0.15 AC DMA 1 AREA=21,951 SQ.FT =0.50 AC BIORETENTION -A ( SECTION) BIORETENTION -B ( SECTION) 11280 Trade Center Drive
Rancho Cordova, CA 95742
p: 916/635/2444 f: 916/635/2606
www.tait.com
Since 1964 Los Angeles
Rancho Cucamonga
Sacramento
Seattle
Boise
Dallas
Denver
North Dakota N GRAPHIC SCALE DRAINAGE ARROWS RIDGE LINE SWALE LINE DMA LIMIT LEGEND STORMWATER CALCULATIONS DMA EXHIBIT STORMWATER CONTROL PLAN NOTE Q25 = 1.47 CFS Q25 = 1.47 CFSHYDRAULIC CALCULATIONS (R1) F STREET PROPOSED BUILDING PROPOSED CANOPY PARKING LOT SHADE TREES LARGE, DECIDIOUS CANOPY TREES, WITH ULTIMATE CANOPY OF 35` TO PROVIDE CALGREEN REQUIRED SHADE AT PARKING AREAS. FRAXINUS ANGUSTIFOLIA `RAYWOOD` / NARROW-LEAVED ASH 15 GAL. WUCOLS (M) ULMUS X `ACCOLADE` / ACCOLADE ELM 15 GAL. WUCOLS (M) ZELKOVA SERRATA `HALKA` / HALKA ZELKOVA 15 GAL. WUCOLS (M) FOUNDATION SHRUBS LARGE, EVERGREEN SHRUBS USED AS A BACKDROP AND FOR SCREENING. ARCTOSTAPHYLOS DENSIFLORA / 'HOWARD MCMINN' MANZANITA 5 GAL. WUCOLS (L) COTONEASTER LACTEUS / RED CLUSTERBERRY COTONEASTER 5 GAL. WUCOLS (L) FEIJOA SELLOWIANA / PINEAPPLE GUAVA 5 GAL. WUCOLS (L) LIGUSTRUM JAPONICUM `TEXANUM` / WAX LEAF PRIVET 5 GAL. WUCOLS (M) OSMANTHUS FRAGRANS / SWEET OLIVE 5 GAL. WUCOLS (M) PITTOSPORUM TOBIRA `VARIEGATA` / VARIEGATED MOCK ORANGE 5 GAL. WUCOLS (L) PRUNUS LAUROCERASUS `ZABELIANA` / ZABEL LAUREL 5 GAL. WUCOLS (M) RHAPHIOLEPIS X `MAJESTIC BEAUTY` TM / M. BEAUTY I. HAWTHORNE 5 GAL. WUCOLS (L) MID-GROUND SHRUBS MID-GROUND SHRUBS SELECTED FOR INTEREST AND COLOR. PREDOMINATELY LOW WATER USE. ILEX CRENATA `STOKES` / JAPANESE HOLLY 5 GAL. WUCOLS (L) RHAPHIOLEPIS INDICA `PINK DANCER` / INDIAN HAWTHORNE 5 GAL. WUCOLS (M) SPIRAEA X B. `ANTHONY WATERER` / ANTHONY WATERER SPIRAEA 5 GAL. WUCOLS (M) VIBURNUM TINUS `SPRING BOUQUET` / SPRING BOUQUET LAURESTINUS 5 GAL. WUCOLS (M) ACCENT SHRUB AGAPANTHUS A. `RANCHO WHITE` / DWARF WHITE LILY OF THE NILE 1 GAL. WUCOLS (M) DIANELLA REVOLUTA `BIG REV` / DIANELLA 1 GAL. WUCOLS (M) DIETES IRIDIOIDES / FORTNIGHT LILY 1 GAL. WUCOLS (L) HEMEROCALLIS X `STELLA SUPREME` / STELLA SUPREME DAYLILY 1 GAL. WUCOLS (M) PHORMIUM T. `MAORI MAIDEN` / TRICOLOR NEW ZEALAND FLAX 1 GAL. WUCOLS (M) TULBAGHIA VIOLACEA / SOCIETY GARLIC 1 GAL. WUCOLS (M) YUCCA FILAMENTOSA `COLOR GUARD` / ADAM`S NEEDLE 1 GAL. WUCOLS (L) HEDGE/BORDER SHRUBS EVERGREEN, HARDY SHRUBS DESIGNED TO SEPARATE AREAS, CHANNEL PEDESTRIANS, AND PROVIDE VISUAL CUES TO SITE ORGANIZATION. BUXUS MICROPHYLLA J. `GREEN BEAUTY` / GREEN BEAUTY BOXWOOD 5 GAL. WUCOLS (M) OLEA EUROPAEA `LITTLE OLLIE` TM / LITTLE OLLIE OLIVE 5 GAL. WUCOLS (L) RHAPHIOLEPIS UMBELLATA `MINOR` / YEDDA HAWTHORN 5 GAL. WUCOLS (L) BIO-RETENTION PLANTING PLUGGED PLANTING OF HYDROPHYLLIC SEDGES AND RUSHES AT REGULAR SPACING, INCLUDING CAREX AND JUNCUS SP. -GROUNDCOVER SPREADING EVERGREENS, MEDIUM AND LOW WATER USE. SOME FLOWERING SPECIMENTS, BUT PRIMARILY SELECTED FOR HARDINESS. COTONEASTER DAMMERI `LOWFAST` / LOWFAST BEARBERRY COTONEASTER 1 GAL. WUCOLS (L), ALL EXPOSURES JUNIPERUS HORIZONTALIS `BLUE RUG` / BLUE RUG JUNIPER 1 GAL. WUCOLS (L) ROSMARINUS OFF.`HUNTINGTON CARPET` / H. CARPET ROSEMARY 1 GAL. WUCOLS (L) TRACHELOSPERMUM ASIATICUM / ASIAN JASMINE 1 GAL. WUCOLS (M) TRACHELOSPERMUM JASMINOIDES / STAR JASMINE 1 GAL. WUCOLS (M) ENTRY GROUNDCOVER FLOWERING GROUNDCOVERS, USED TO ADD INTEREST AND COLOR AT THE FOREGROUND. ROSA X `FLOWER CARPET CORAL` / ROSE 1 GAL. WUCOLS (M) ROSA X `NOASCHNEE` / FLOWER CARPET WHITE GROUNDCOVER ROSE 1 GAL. WUCOLS (M) TEUCRIUM CHAMAEDRYS `PROSTRATUM` / PROSTRATE GERMANDER 1 GAL. WUCOLS (L) VERBENA C. `HOMESTEAD PURPLE` / HOMESTEAD PURPLE VERBENA 1 GAL. WUCOLS (L) PRELIMINARY PLANT LEGEND F STREET PROPOSED BUILDING PROPOSED CANOPY 50% 50% IRRIGATION SYSTEM WILL CONFORM TO THE CITY'S WATER EFFICIENT LANDSCAPE ORDINANCE. IRRIGATION SYSTEM TO INCLUDE A SEPARATE IRRIGATION CONNECTION, WATER METER, AND REDUCED-PRESSURE PRINCIPLE BACKFLOW PREVENTOR (1"). CONTROLLER WILL BE "SMART" WITH SELF-ADJUSTING PROGRAMS BASED ON LOCAL WEATHER CONDITIONS. A EVAOPTRANSPIRATION/WEATHER SENSOR, RAIN SENSOR, FLOW SENSOR, AND MASTER VALVE WILL BE INSTALLED. HYDROZONES WILL BE BASED ON EXPOSURE, PLANT WATER REQUIREMENTS AND EMISSION TYPE. IRRIGATION EMISSION SYSTEM WILL GENERALLY CONSIST OF: · HARD PIPED DRIP OR BUBBLERS TO LARGE SHRUBS IN LINEAR ARRANGEMENTS, · OVERHEAD IRRIGATION FOR SHRUB AND GROUND COVER AREAS GREATER THAN 10' WIDE, SET BACK 2' FROM HARDSCAPE, · INLINE DRIP IRRIGATION FOR SHRUB AND GROUNDCOVER AREAS LESS THAN 10' IN WIDTH, · DRIP OR MICROSPRAY TO NATURALIZED SHRUBS AND TREES IN NATIVE AND BUFFER AREAS WITH POLYETHELENE SUPPLY LINE. AT THE STREET FRONTAGE, AND WITHIN THE SITE, A HIERARCHY OF PLANTING WILL PROVIDE FORM AND CONTEXT TO THE BUILDING AND OTHER SITE ELEMENTS, VISUALLY ORGANIZE THE SITE, AND SCREEN UNDESIRABLE VIEWS (PARKED CARS, ETC.). ENTRIES ARE MARKED BY GROUPS OF COLORFUL ACCENT PLANTS. TREES WILL PROVIDE PARKING LOT SHADE TO DRIVERS AND PARKED CARS. LARGE BACKGROUND SHRUBS WILLS SCREEN FENCING ALONG THE NORTH AND WEST PROPERTY LINES ADJACENT OTHER COMMERCIAL PARCELS. PRELIMINARY PLANTING PALETTE INCLUDES LIKELY SPECIES, WITH FINAL SELECTIONS TO BE DETERMINED DURING AS CONSTRUCTION DOCUMENTS ARE DEVELOPED. NOT ALL SPECIES MAY BE USED. PLANTING DESIGN WILL AVOID A TOSSED SALAD APPROACH, INSTEAD USING DRIFTS AND MASSING OF SAME SPECIES, WHILE PROVIDING DIVERSITY TO THE OVERALL SITE. LANDSCAPE DESIGN STATEMENT 0' 10' 20' 1" = 10' N DATE SIGNED: 08/02/22 Signature CRLA 5044 STA TE OF CA LIFORN Renewal Date: IA 09/30/24 L CI ENSED LA NDSCA PE A RCHITECT DA V ID W . CA MPBELL 11280 Trade Center Drive
Rancho Cordova, CA 95742
p: 916/635/2444 f: 916/635/2606
www.tait.com
Since 1964 Los Angeles
Rancho Cucamonga
Sacramento
Seattle
Boise
Dallas Denver North Dakota L1.1 111 Scripps Drive Sacramento, California 95825 916.945.8003 | 916.342.7119 4409 CRLA 5044 PARKING LOT SHADE EXHIBIT PARKING LOT SHADE CALCULATIONS REQUIRED TRANSFORMER PLANT CLEARANCE AREA INCLUDED IN PARKING LOT SHADE CALCULATION, TYP. BIORETENTION PLANTER ACCENT PLANTING AND FLOWERING GROUNDCOVER AT PROJECT ENTRIES, TYPICAL ACCENT PLANTING AND FLOWERING GROUNDCOVER AT PROJECT ENTRIES, TYPICAL SHRUBS TO SCREEN EQUIPMENT AND PARKED CARS, TYPICAL ACCESSIBLE PATH OF TRAVEL IRRIGATION DESIGN STATEMENT (NOTE SCALE CHANGE: 1" = 40'-0") BIORETENTION PLANTER (6) STALLS UNDER CANOPY: AREA INCLUDED IN PARKING LOT SHADE CALCULATION, TYP. WATER METER (EXISTING, VERIFY) TIERED HIERARCHY OF PLANTING AT CORNER

Notice of Exemption Form

CITY OF WATERFORD

PLANNING DEPARTMENT
101 'E' STREET
WATERFORD, CALIFORNIA 95386
TELEPHONE (AREA CODE 209) 874-2328
FAX (209) 874-9656
Notice of Exemption
TO: X Office of Planning and Research
1400 Tenth Street
Sacramento, California 95814
FROM: City of Waterford Planning Department
101 “E” Street
Waterford, CA 95386
or
X County Clerk
County of Stanislaus
1021 “I” Street
Modesto, CA 95354
Project Title: Conditional Use Permit No. 2021-02 and Architectural Site Plan Review No. 2021-03 Project Applicant: TAIT & Associates, Inc.
11280 Trade Center Drive
Rancho Cordova, CA 95742
Property Owner: Mr. Benny Singh Dhanda, Dhanda Development Group 1463 Moffat Boulevard, Suite 3
Manteca, CA 95336
Project Location: The Proposed Project is located at 12725 Yosemite Boulevard, Waterford, California 95386. The Stanislaus County Assessor has assigned the Project site as Assessor Parcel Number 134-006-013. The Project site is bounded by F Street to the north and east, Yosemite Boulevard to the south, and commercial uses to the west. The Project site is approximately 0.67-acres in size.

Project Description: The Applicant, Tait & Associates, on behalf of the Property Owner of Record, Dhanda Development Group, is requesting a Conditional Use Permit to allow for the development of an Arco AM/PM Convenience Store and Fueling Station located at 12725 Yosemite Boulevard, Assessor Parcel Number (APN) 134-006-013.

The Project site is approximately 0.67-acres in size and is bounded by existing commercial development to the north, Yosemite Boulevard to the south, F Street to the east, and existing commercial development to the west. The Waterford General Plan designates the Project site for Commercial (CO) land uses, and it is located within the CH, Commercial Highway zone district.

In accordance with State CEQA Guidelines for implementation of the California Environmental Quality Act, and with the CEQA Guidelines, the City of Waterford hereby declares that it has approved the above-named project.

It has been determined that the project is Categorically Exempt under Class 32, Section 15332, Infill Development Projects, of the CEQA Guidelines.

Section 15332 of the CEQA Guidelines states the following:
“Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e) The site can be served by all required utilities and public services.” Below is a discussion of how the Proposed Project complies with the conditions described above in accordance with Section 15332 of the CEQA Guidelines.
a) The Project site is designated for Commercial (CO) land uses per the City’s Vision 2025 General Plan, and it is located within the CH, Highway Commercial zone district. The City’s CH zone district permits service stations subject to the approval of a Use Permit (See Section 17.24030 of the Zoning Ordinance) and the Proposed Project is consistent with the applicable policies of the Vision 2025 General Plan. Applicable Policies include, but are not limited to, the following:
a. Policy L-2.1: Encourage development of appropriate commercial and industrial uses throughout the City.
b. Policy L-2.7: Locate and design new commercial development to provide good access from adjacent neighborhoods and reduce congestion on major streets.
c. Policy T1.4: Promote Traffic Safety.
b) The Proposed Project is located on a 0.67-acre site within the Waterford city limits. c) The Project currently consists of various site improvements and has historically been utilized as a bar/restaurant. Based on various site inspections, the site contains no signs of any biological resources or species that would be classified as habitat for endangered, rare, or threatened species. Based on a review of the Vision 2025 General Plan Environmental Impact Report (EIR), biological habitat within the city is primarily located along the Tuolumne River corridor. The Proposed Project is not located within this corridor.
d) The Proposed Project will not result in any significant effects to traffic, noise, air quality, or water quality.

A Transportation Impact Assessment (TIS), dated May 10, 2022, was prepared for the Proposed Project. The TIS determined the Proposed Project is considered a local serving commercial use and is thus presumed to have a less than significant impact to Vehicle Miles Traveled (VMT). The Proposed Project also complies with the Level of Service (LOS) standards defined in the Vision 2025 General Plan. Based on a review of the Vision 2025 General Plan EIR, short- and long-term impacts associated with development consistent with the Vision 2025 General Plan were determined to be less than significant, with most sources of noise being temporary during individual project construction. The Proposed Project is consistent with the Vision 2025 General Plan and therefore, potential impacts to noise are less than significant. The Proposed Project was also referred to the San Joaquin Valley Air Pollution Control District (SJVPACD) for review and comment.

While the City did not receive comment on the Proposed Project from the SJVAPCD, compliance with applicable SJVPCD regulations will be required, notably Rule 9510 (Indirect Source Review). Rule 9510 ensures that projects comply with regulatory emissions standards for both construction and operations. The Proposed Project will be served domestic and irrigation water by the City of Waterford, as existing lines are in both F Street and Yosemite Boulevard. The Proposed Project will comply with any Federal, State, or local regulations related to Water Quality.
e) The Proposed Project can be served water and sewer services as provided by the City of Waterford.

Stormwater will be accommodated on-site via a french drain system.

Mark Niskanen Date
Planning Manager
MAY 10, 2022
PREPARED FOR
CALTRANS DISTRICT 10
CITY OF WATERFORD
TAIT & ASSOCIATES, INC.

Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
Draft Transportation Impact Assessment
Convenience Store with Fueling
Stations
Prepared for:

Caltrans District 10
City of Waterford
TAIT & Associates, Inc.

Prepared By:

May 10, 2022
BTC-0019
Table of Contents

1.0 Introduction ....................................................................................................................................... 3

1.1 Study Purpose and Project Description ........................................................................................................ 3

1.2 Study Locations and Analysis Scenarios ....................................................................................................... 3

1.3 Analysis methods ................................................................................................................................................... 5

1.3.1 Vehicle Miles of Travel ............................................................................................................................... 5

1.4 Report Organization ............................................................................................................................................. 6

2.0 Existing Conditions ........................................................................................................................... 7

2.1 Roadway System .................................................................................................................................................... 7

2.2 Existing Traffic Counts .......................................................................................................................................... 7

2.3 Existing Intersection operations ....................................................................................................................... 8

2.4 Collision Data ....................................................................................................................................................... 10

3.0 Project Characteristics .................................................................................................................... 11

3.1 Project Description ............................................................................................................................................. 11

3.2 Project Trip Generation .................................................................................................................................... 11

3.3 Project Trip Distribution and Assignment ................................................................................................. 12

4.0 Existing plus Project Conditions ................................................................................................... 14

4.1 Existing Plus Project Traffic Volumes .......................................................................................................... 14

4.2 Existing Plus Project Operations ................................................................................................................... 14

5.0 Cumulative Conditions ................................................................................................................... 17

5.1 Cumulative No Project and Plus Project Traffic Volumes ................................................................... 17

5.2 Cumulative No project and Plus Project Operations ............................................................................ 17

6.0 Vehicular Site Access and Circulaton ............................................................................................ 21 Appendices
Appendix A: Preliminary Site Plan
Appendix B: LOS Criteria
Appendix C: Traffic Count Data
Appendix D: Traffic Count Data Comparison
Appendix E: Existing Conditions Analysis Worksheets
Appendix F: Existing Plus Project Conditions Analysis Worksheets Appendix G: Cumulative No Project and Plus Project Conditions Analysis Worksheets List of Figures
Figure 1-1 Project Location………………………………………………………………………………………………………….……… 4 Figure 2-1 Existing AM and PM Peak Hour Volumes and Lane Configurations….……………………………..…9 Figure 3-1 Project Trip Distribution and Assignment………………………………………….…………………..………… 13 Figure 4-1 Existing Plus Project AM and PM Peak Hour Volumes..…………………….……………………..…………15 Figure 5-1 Cumulative No Project AM and PM Peak Hour Volumes…………………………………………..………18 Figure 5-2 Cumulative Plus Project AM and PM Peak Hour Volumes………………………………………..………19 Figure 6-1 Passenger Vehicle Site Access and Circulation…………………………………………………………..………22 Figure 6-2 Fueling Truck Site Access and Circulation……………….…………………….…………………………..………23 List of Tables
Table 2-1 Existing Conditions Peak Hour Intersection Summary……..…………..…………………………………. 10 Table 2-2 Collision History at Existing Intersection (January 2017 to December 2019)………….…..…… 10 Table 3-1 Vehicle Trip Generation Estimates………….……………………………..…………………………....…………… 12 Table 4-1 Existing and Existing Plus Project Conditions Peak Hour Intersection Summary.……….…… 16 Table 5-1 Cumulative No Project and Plus Project Conditions Peak Hour Intersection Summary…… 20 Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
May 10, 2022
3 1.0 INTRODUCTION
This report presents the analysis and findings of the Transportation Impact Assessment (TIA) for a convenience store with fueling stations (project) located in the City of Waterford, Stanislaus County. This chapter discusses the study purpose, study locations and analysis scenarios, analysis methods, and report organization.

1.1 STUDY PURPOSE AND PROJECT DESCRIPTION
The study’s purpose is to evaluate the transportation impacts of the project, a commercial development.

The project, located in the City of Waterford, proposes to construct a convenience store (3,750 square feet) with 12 vehicle fueling stations. The project is located on the northwest quadrant of the State Route 132 (Yosemite Boulevard)/F Street intersection. The project location is presented in Figure 1-1. The preliminary site plan is presented in Appendix A.

Vehicular access would be provided from State Route 132 (SR 132) and F Street. Both project access locations would be right turn in/right turn out (no left-turns allowed into or out of the project site). Project traffic circulation will include “U-turns” at the SR 132/F Street intersection to allow full access to the project site from all travel directions. The pertinent U-turns are eastbound SR 132 to westbound SR 132 and southbound F Street to northbound F Street. Both of these U-turns are permitted at the SR 132/F Street intersection.

1.2 STUDY LOCATIONS AND ANALYSIS SCENARIOS
The intersection of SR 132/F Street was evaluated for the weekday peak hour in the morning between 7:00 and 9:00 AM and evening between 4:00 and 6:00 PM.

The following scenarios were evaluated:
 Existing – Existing conditions based on recent traffic counts.  Existing Plus Project – Existing traffic counts plus traffic expected to be generated by the project.  Cumulative No Project – Forecasts for the cumulative scenario based on an annual traffic growth factor from the Three-County Travel Demand Model.
 Cumulative Plus Project – Cumulative No Project forecasts plus traffic expected to be generated by the project.

Figure 1-1
Project Vicinity Map

PROJECT

LOCATION
Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
May 10, 2022
5 1.3 ANALYSIS METHODS
Peak-hour intersection operations were evaluated using the Synchro/SimTraffic 11 traffic analysis software which is consistent with the Highway Capacity Manual (HCM) 6th Edition. As directed by Caltrans District 10, the following measures of effectiveness (MOEs) were determined:

1. 95th percentile queue length and available storage

2. Greenhouse gas emissions
a. HC Emissions (kg)
b. CO Emissions (kg)
c. NOx Emissions (kg)

3. Vehicle hours of delay (VHD)
While vehicle miles of travel (VMT) are currently required within California for environmental assessments, the City of Waterford still has a policy to maintain level of service (LOS) D or better operations at intersections during the peak hour. This policy is in place to ensure that adequate traffic circulation and mobility are provided within the City of Waterford. Although not requested by Caltrans (and no longer a CEQA transportation metric), overall intersection delay and LOS were also determined and presented in this study.

LOS is a qualitative description of traffic flow from a vehicle driver’s perspective based on factors such as speed, travel time, delay, and freedom to maneuver. Six levels of service are defined ranging from LOS A (free-flow conditions) to LOS F (over capacity conditions). LOS E corresponds to operations “at capacity.” When volumes exceed capacity, stop-and-go conditions result, and operations are designated LOS F.

Appendix B provides a detailed discussion on the LOS criteria used to evaluate signalized intersections for the peak hour.

1.3.1 VEHICLE MILES OF TRAVEL
In response to Senate Bill 743 (SB 743), the Office of Planning and Research (OPR) has updated the California Environmental Quality Act (CEQA) guidelines to include new transportation-related evaluation metrics. Within California, VMT is the transportation metric for determining project impacts for CEQA:
the metric was previously LOS.

Based on Caltrans’ Vehicle Miles Traveled-Focused Transportation Impact Study Guide (May 20, 2020) there are land use projects that are presumed to have a less than significant VMT transportation impact and do not require a CEQA VMT analysis. Neighborhood-serving retail projects (e.g., convenience stores) are in this category. Based on OPR, local-serving commercial uses, typically those under 50,000 square feet, tend to shift where vehicle trips occur rather than generate new trips. Such projects also have the potential Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
May 10, 2022
6 to reduce vehicle travel by providing a more proximate shopping destination. For this study, the project is presumed to have a less than significant VMT impact.

1.4 REPORT ORGANIZATION
This report is divided into 6 chapters as described below:
 Chapter 1 – Introduction discusses the purpose and organization of the report.  Chapter 2 – Existing Conditions describes the transportation system in the project vicinity, including the surrounding roadway network morning and evening peak period intersection turning movement volumes and intersection operations.
 Chapter 3 – Project Characteristics presents relevant project information, such as the project components and project trip generation, distribution, and assignment.  Chapter 4 – Existing Plus Project Traffic Conditions addresses the existing conditions with the project.
 Chapter 5 – Cumulative Traffic Conditions addresses the future conditions, both without and with the project.
 Chapter 6 – Vehicular Site Access and Circulation describes vehicular site access and circulation.

Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
May 10, 2022
7 2.0 EXISTING CONDITIONS
This chapter describes the transportation facilities in the project study area, including the surrounding roadway network in the project site vicinity. Existing intersection operations are also presented.

2.1 ROADWAY SYSTEM
The following discusses the roadways that would provide access to the site and/or are most likely to experience direct traffic impacts, if any, from the proposed project.

SR 132 (Yosemite Boulevard) is an east-west two-lane state highway in the vicinity of the project. The posted speed limit in the vicinity of the project site is 35 mph.

F Street (Hickman Road) is a two-lane arterial that provides primary north-south access through the City of Waterford. The arterial is known as F Street north of SR 132 and Hickman Road south of SR 132. The posted speed limit in the vicinity of the project site is 35 mph.

2.2 EXISTING TRAFFIC COUNTS
Weekday morning (7:00 to 9:00 AM) and evening (4:00 to 6:00 PM) peak period intersection turning movement counts were collected on December 8, 2021, while local schools were in session, at the following study intersection:
1) SR 132/F Street
A daily traffic volume count was also collected on December 8, 2021, on SR 132 just west of F Street. In addition to vehicle counts, pedestrian and bicycle counts were also collected at the study intersection.

Appendix C provides the traffic count data.

The COVID-19 pandemic has noticeably altered travel demand and patterns compared to pre-COVID-19 conditions. California fully reopened its economy on June 15, 2021, and a new traffic baseline has been forming that reflects the effects of COVID-19 on travel behavior (e.g., shifts in employment and work from home). Based on communication with Caltrans District 10 (Jaime Quesada – Acting Freeway/Highway Operations Branch Chief), the traffic patterns in the area have been determined to be back or close to pre-COVID conditions such that new traffic counts are appropriate to establish the Existing Condition scenario.

Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
May 10, 2022
8 The new traffic counts collected in early December 2021 were compared to Caltrans’ published 2019 traffic volume data (https://dot.ca.gov/programs/traffic-operations/census). Appendix D provides a comparison of the data. Based on the comparison, the new traffic counts are higher than the published 2019 traffic volumes data. Figure 2-1 presents the Existing Conditions AM and PM peak hour traffic volumes and lane configurations at the study intersection.

2.3 EXISTING INTERSECTION OPERATIONS
Existing intersection lane configurations, signal timings, and peak hour turning movement volumes were used to calculate several MOEs for the study intersection during each peak hour using the Synchro/SimTraffic 11 software program, as presented in Table 2-1. To ensure that the Synchro/SimTraffic analysis model captured the correct driver behavior in the field it was necessary to assume short right-turn lanes on all of the intersection approaches even though right-turn lanes are not striped. Based on field observations, right-turning vehicles were consistently observed bypassing through vehicles waiting in queue due to the width of the pavement provided (travel lane width plus paved shoulder).1
Observed peak hour factors (PHF) and trucks were used at all intersections for the existing analysis.

Pedestrian and bicycle activity were also factored into the analysis. The study intersection operates overall at LOS B in the AM peak hour and LOS C in the PM peak hour. The intersection currently provides sufficient vehicle storage to accommodate the 95th percentile queues. Detailed intersection calculation worksheets are presented in Appendix E.
 AM PHF = 0.85; PM PHF = 0.88 (based on actual traffic count data)  AM Truck % = 5%; PM Truck % = 2% (based on actual traffic count data)

1 To avoid overestimating the capacity of the intersection the maximum right-turn lane storage assumed was 100 feet.
1 (52)
(174)
(97)
Map Key Volumes Key Traffic Control Key

AM (PM)
1 Study Intersection Peak Hour Traffic Signal XX (YY) (167) (154) SR 132(117) 75
Existing Peak Hour Traffic Volumes
Figure 2-1
38 (47)
(257)
(138) (0)
F St
0 249
126131
128
(146)
54 47
173
142154
(66)
(25)
0 (0)
30 1

PROJECT

LOCATION
SR 132 (YOSEMITE BLVD)

WATERFORD

TIM BELL RD
SR 132 (YOSEMITE BLVD)
Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
May 10, 2022
10 Table 2-1: Existing Conditions Peak Hour Intersection Summary Intersection Control Movement Storage (ft)
AM Peak Hour PM Peak Hour
95th Percentile Queue (ft) 95th Percentile Queue (ft)

1. SR 132 / F
Street Signal
EB – L 230 44 40
EB – TR 460 180 214
WB – L 240 144 110
WB – TR 320 161 115
SB – L 200 65 80
SB – TR 390 142 143
NB – L 205 129 158
NB - TR >1,000 147 199
SR 132 / F Street Intersection Summary
Measures of Effectiveness AM Peak Hour PM Peak Hour
Overall Intersection Delay / LOS 19 / B 21 / C
Vehicle Hours of Delay (VHD) 7.2 8.5
HC Emissions (kg) 0.169 0.099
CO Emissions (kg) 4.368 3.421
NOx Emissions (kg) 0.466 0.305
Notes:

The results are based on the average of 10 SimTraffic model runs.

Source: BTC, 2022.

2.4 COLLISION DATA
Caltrans staff provided collision data for the study intersection between the period of January 1, 2017 to December 31, 2019 (pre-COVID), which is presented in Table 2-2. As the data shows, the intersection has a rate of fatal and injury related collisions that is below the statewide average for similar facilities statewide, and a total rate of collisions that is above the average for similar facilities statewide.

Table 2-2: Collision History at Existing Intersection (January 2017 to December 2019) Intersection
Number of Collisions Collision Rate (collisions/million vehicles) Total
Actual State Average
Fatal Fatal + Injury Total Fatal Fatal + Injury Total

1. SR 132 / F Street 3 0.000 0.08 0.25 0.001 0.11 0.24
Source: Caltrans District 10 TASAS data between 1/1/2017 and 12/31/2019.

Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
May 10, 2022
11 3.0 PROJECT CHARACTERISTICS
This chapter provides an overview of the proposed project components and addresses the proposed project trip generation, distribution, and assignment characteristics, allowing for an evaluation of project impacts on the surrounding roadway network. The amount of traffic associated with the project was estimated using a three-step process:

1. Trip Generation – The amount of vehicle traffic entering/exiting the project site was estimated.

2. Trip Distribution – The direction trips would use to approach and depart the site was projected.

3. Trip Assignment – Trips were then assigned to specific roadway segments and intersection turning movements.

3.1 PROJECT DESCRIPTION
The project, located in the City of Waterford, proposes to construct a convenience store (3,750 square feet) with 12 vehicle fueling stations. The project is located on the northwest quadrant of the SR 132/F Street intersection. Vehicular access would be provided from SR 132 and F Street. Both project access locations would be restricted to right turn in/right turn out (no left-turns allowed into or out of the project site). Project traffic circulation will include “U-turns” at the SR 132/F Street intersection to allow full access to the project site from all travel directions. The pertinent U-turns are eastbound SR 132 to westbound SR 132 and southbound F Street to northbound F Street. Both of these U-turns are permitted at the SR 132/F Street intersection.

3.2 PROJECT TRIP GENERATION
Trip generation refers to the process of estimating the amount of vehicular traffic a project would add to the surrounding roadway system. Estimates are created for the daily condition and for the peak one-hour period during the morning and evening commute when traffic volumes on the adjacent streets are typically the highest. Based on the trip generation characteristics of a convenience store with a gas station a large portion of the traffic would be drawn from traffic already on adjacent streets. These vehicle trips are not considered "new," but are instead comprised of drivers who are already driving on the adjacent street system and choose to make an interim stop and are referred to as pass-by or diverted Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
May 10, 2022
12 trips. For the proposed project, pass-by/diverted trips would come from the existing traffic on SR 132 and F Street.

The percentage of pass-by/diverted trips for a convenience store with a gas station was based on information provided in the Trip Generation Handbook (3rd Edition). Based on the available data, in the AM peak hour the project would be expected to have on average 15% new trips and 85% pass-by/diverted trips and in the PM peak hour the project would be expected to have on average 17% new trips and 83% pass-by/diverted trips. The total project trip generation (new and pass-by/diverted trips) was estimated using rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition).

Table 3-1 presents the project trip generation.

Table 3-1: Vehicle Trip Generation Estimates
Use Size Trip Type
Weekday
Daily
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Convenience
Store/Gas Station
12 fueling
positions Total Trips1 3,181 97 97 194 111 111 222
New Trips 5092 15 15 30 19 19 38
Pass-By / Diverted Trips 2,672 82 82 164 92 92 184

1. ITE land use category 945 – Convenience Store/Gas Station (Adj Streets, 7-9A, 4-6P):

Daily: (T) = 265.12 (X)
AM Peak Hour: T = 16.06 (X); Enter = 50%; Exit = 50%
PM Peak Hour: T = 18.42 (X); Enter = 50%; Exit = 50%

2. The daily percent assumed to be 16% (average of AM and PM peak hour).

Source: Trip Generation Manual (11th Edition); Trip Generation Handbook (3rd Edition); BTC, 2022.

3.3 PROJECT TRIP DISTRIBUTION AND ASSIGNMENT
Project trip distribution refers to the directions of approach and departure that vehicles would take to access and leave the site. Estimates of project trip distribution for new trips were developed based on engineering judgement using existing traffic count data and existing land use patterns. The passby/diverted trips distribution was based on the existing traffic volumes on SR 132 and F Street at the project driveways. In the AM peak hour, about 63% and 37% of the pass-by/diverted trips would come from SR 132 and F Street, respectively. In the PM peak hour, about 61% and 39% of the pass-by/diverted trips would come from SR 132 and F Street, respectively. The trip distribution percentages and traffic assignment are shown on Figure 3-1. As shown in Figure 3-1, the project would add U-turns on the eastbound and southbound approaches to the SR 132/F Street intersection due to the right in/right out access restrictions at the project driveways.
1AB
(87)
(6) (-28)
Map Key Volumes Key Notes: 1) Project Trip Distribution is for Primary (New) Trips 1 Study Intersection AM (PM) 2) AM peak hour pass-by/diverted trips: 63% SR 132 and 37% F Street Peak Hour 3) PM peak hour pass-by/diverted trips: 61% SR 132 and 39% F Street A Project Driveway A 4) The "negative" through volumes reflect a pass-by/diverted trip that has transitioned from a through movement to a U-turn, left-turn, or right-turn to B Project Driveway B access the project site. F St(1) (34) (24) 0 3120
31 (34)
-26 (-28)
15 (19)
Figure 3-1
Project Trip Distribution and Assignment
Driveway A
(34)
-15
SR 132 (-18)
5 31
77 -26
66 SR 132
5 (6)
20 -15
(77)
F St
(24)(-18)
5 Driveway B (6)
XX
(YY)
1 PROJECT

LOCATION
SR 132 (YOSEMITE BLVD)

WATERFORD

TIM BELL RD
SR 132 (YOSEMITE BLVD)
A
B
Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
May 10, 2022
14 4.0 EXISTING PLUS PROJECT CONDITIONS
This chapter evaluates potential off-site traffic impacts under Existing Plus Project conditions.

4.1 EXISTING PLUS PROJECT TRAFFIC VOLUMES
The project traffic volumes on Figure 3-1 were added to the existing traffic volumes from Figure 2-1 to estimate the Existing Plus Project traffic volumes, as shown on Figure 4-1.

4.2 EXISTING PLUS PROJECT OPERATIONS
Existing Plus Project intersection operations were evaluated using the same methods described in Chapter 1. The Existing and Existing Plus Project analysis results are presented in Table 4-1, based on the traffic volumes and intersection configurations presented on Figure 4-1.

The project is not expected to add a substantial number of new trips to the roadway network and as a result the intersection operations would remain relatively unchanged compared to Existing conditions.

Under Project conditions, the study intersection is anticipated to operate overall at LOS C in the AM and PM peak hour. Under Project conditions, the intersection would continue to provide sufficient vehicle storage to accommodate the 95th percentile queues. Detailed intersection calculation worksheets are presented in Appendix F.

1 (52)
(180)
(97)
Map Key Volumes Key Traffic Control Key

AM (PM)
1 Study Intersection Peak Hour Traffic Signal
Figure 4-1
Existing Plus Project Peak Hour Volumes

XX (YY)
142 (138)
141116
75 30 (25)
(165)(149)(117)
147 (229)
31 (34)
38 154
7820
254
128
F St
(47)(155)(100)(24)
54 SR 132
1 PROJECT

LOCATION
SR 132 (YOSEMITE BLVD)

WATERFORD

TIM BELL RD
SR 132 (YOSEMITE BLVD)
Draft Transportation Impact Assessment
Convenience Store with Fueling Stations May 10, 2022
16 Table 4-1: Existing and Existing Plus Project Conditions Peak Hour Intersection Summary Intersection Control Movement Storage (ft) Existing Existing Plus Project AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour 95th Percentile Queue (ft) 95th Percentile Queue (ft)
95th Percentile Queue (ft)
95th Percentile Queue (ft)

1. SR 132 / F
Street Signal
EB – L 230 44 40 79 74
EB – TR 460 180 214 164 212 WB – L 240 144 110 153 112 WB – TR 320 161 115 207 140 SB – L 200 65 80 110 121 SB – TR 390 142 143 149 149 NB – L 205 129 158 159 177 NB - TR >1,000 147 199 165 196 SR 132 / F Street Intersection Summary
Measures of Effectiveness
Existing Existing Plus Project AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour Overall Intersection Delay / LOS 19 / B 21 / C 22 / C 24 / C Vehicle Hours of Delay (VHD) 7.2 8.5 8.6 9.9 HC Emissions (kg) 0.169 0.099 0.177 0.102 CO Emissions (kg) 4.368 3.421 4.633 3.603 NOx Emissions (kg) 0.466 0.305 0.484 0.314 Notes: The results are based on the average of 10 SimTraffic model runs. Source: BTC, 2022.

Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
May 10, 2022
17 5.0 CUMULATIVE CONDITIONS
This chapter evaluates potential off-site traffic impacts under Cumulative No Project and Cumulative Plus Project conditions. Cumulative conditions reflect year 2046 which is the current planning horizon year for the StanCOG 2022 Regional Transportation Plan/Sustainable Community Strategy (RTP/SCS). Under Cumulative No Project conditions, it was assumed that SR 132 would be widened to a four-lane arterial in the City of Waterford.2

5.1 CUMULATIVE NO PROJECT AND PLUS PROJECT TRAFFIC

VOLUMES
The Three-County Travel Demand Model (TDM) was used to develop an annual growth factor in the project area to estimate AM and PM peak hour traffic volumes for Cumulative No Project conditions.

Based on the TDM, the annual growth rate in the AM peak hour and PM peak hour is 1.1% per year and

0.9% per year, respectively. This growth rate in consistent with the projected growth in land use in Stanislaus County and City of Waterford.3 Cumulative Plus Project traffic volumes were developed by adding the project trips to the Cumulative No Project traffic volumes. The Cumulative No Project and Cumulative Plus Project traffic volumes are presented on Figure 5-1 and Figure 5-2, respectively.

5.2 CUMULATIVE NO PROJECT AND PLUS PROJECT

OPERATIONS
Cumulative No Project and Cumulative Plus Project intersection operations were evaluated using the same methods described in Chapter 1. The Cumulative No Project and Cumulative Plus Project analysis results are presented in Table 5-1. The project is not expected to add a substantial number of new trips to the roadway network and as a result the intersection operations would remain relatively unchanged compared to Cumulative No Project conditions. Under Cumulative No Project and With Project conditions, the intersection would continue to provide sufficient vehicle storage to accommodate the 95th percentile queues. Detailed intersection calculation worksheets are presented in Appendix G. 2 This improvement is included in the City of Waterford General Plan Update Vision 2025 and StanCOG 2022 RTP/SCS. 3 In Stanislaus County and City of Waterford, the projected annual growth rate is about 0.8% in households and 1.0% in employment based on land use projections in the StanCOG 2022 RTP/SCS. 1 (64)
(213)
(119)
Map Key Volumes Key Traffic Control Key

AM (PM)
1 Study Intersection Peak Hour Traffic Signal XX (YY)
Figure 5-1
Cumulative No Project Peak Hour Traffic Volumes
(143)
167
96 SR 132 (205)
69 181 (169)
161 (179)
0 (0)
38 (31)
221 (315)
317
163
F St
(58)(189)(81)(0)
48 196
60 0
1 PROJECT

LOCATION
SR 132 (YOSEMITE BLVD)

WATERFORD

TIM BELL RD
SR 132 (YOSEMITE BLVD)
1 (64)
(219)
(119)
Map Key Volumes Key Traffic Control Key

AM (PM)
1 Study Intersection Peak Hour Traffic Signal
Cumulative Plus Project Peak Hour Volumes

XX (YY)
Figure 5-2
176152
96 (187)(143)
38 (31)
195 (287)
(198)
SR 132
31 (34)
181 (169)
48 196
9120
322
163
F St
(58)(190)(115)(24)
69 1

PROJECT

LOCATION
SR 132 (YOSEMITE BLVD)

WATERFORD

TIM BELL RD
SR 132 (YOSEMITE BLVD)
Draft Transportation Impact Assessment
Convenience Store with Fueling Stations May 10, 2022
20 Table 5-1: Cumulative No Project and Cumulative Plus Project Conditions Peak Hour Intersection Summary Intersection Control Movement Storage (ft) Cumulative No Project Cumulative Plus Project AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour 95th Percentile Queue (ft) 95th Percentile Queue (ft)
95th Percentile Queue (ft)
95th Percentile Queue (ft)

1. SR 132 / F
Street Signal
EB – L 230 41 29 69 75
EB – TR 460 117 134 113 125 WB – L 240 173 123 175 120 WB – TR 320 138 99 156 112 SB – L 200 76 84 104 120 SB – TR 390 175 166 190 158 NB – L 205 168 167 183 193 NB - TR >1,000 189 227 195 241 SR 132 / F Street Intersection Summary
Measures of Effectiveness
Cumulative No Project Cumulative Plus Project AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour Overall Intersection Delay / LOS 21 / C 22 / C 23 / C 24 / C Vehicle Hours of Delay (VHD) 10.1 10.7 11.3 12.1 HC Emissions (kg) 0.229 0.120 0.225 0.125 CO Emissions (kg) 5.935 4.247 5.983 4.448 NOx Emissions (kg) 0.621 0.371 0.615 0.385 Notes: The results are based on the average of 10 SimTraffic model runs. Source: BTC, 2022.

Draft Transportation Impact Assessment
Convenience Store with Fueling Stations
May 10, 2022
21 6.0 VEHICULAR SITE ACCESS AND CIRCULATON
The project proposes to widen SR 132 on the north side along its frontage to allow for the ultimate widening of SR 132 to a four-lane arterial. Vehicular access to the project site would be provided from SR 132 and F Street. Both project access locations would be right turn in/right turn out (no left-turns allowed into or out of the project site). Project traffic circulation will include “U-turns” at the SR 132/F Street intersection to allow full access to the project site from all travel directions. The pertinent U-turns are eastbound SR 132 to westbound SR 132 and southbound F Street to northbound F Street. Both of these U-turns are permitted at the SR 132/F Street intersection.

The types of vehicles that are anticipated to access the project site include:
 Passenger vehicles
 WB-40 delivery trucks
 Double tank fueling truck (largest vehicle anticipated to access the project site) Figure 6-1 presents the typical circulation pattern for a passenger vehicle while Figure 6-2 presents the circulation pattern for a fueling truck. While passenger vehicles would enter/exit the site from both driveways the proposed circulation for the double tank fueling truck would include a right-turn in from F Street and right-turn out on SR 132. As shown in Figure 6-1 and Figure 6-2, adequate vehicle circulation would be provided at the project site.

Source: TAIT & Associates
Figure 6-1
Passenger Vehicle Site Access and Circulation
Source: TAIT & Associates
Fueling Truck Site Access and Circulation
Figure 6-2

APPENDIX A

PRELIMINARY SITE PLAN
D
P 2 3 U 1 YOSEMITE BLVD (HWY 132)

F STREET
11280 Trade Center Drive
Rancho Cordova, CA 95742
p: 916/635/2444 f: 916/635/2606
www.tait.com
Since 1964 Los Angeles
Rancho Cucamonga
Sacramento
Seattle
Boise
Dallas Denver North Dakota SPU-1 N GRAPHIC SCALE

APPENDIX B

LOS CRITERIA
Signalized Intersections
Traffic conditions at signalized intersections were evaluated using methods developed by the Transportation Research Board (TRB), as documented in the Highway Capacity Manual 6th Edition (2016 HCM) for vehicles using the analysis software Synchro/SimTraffic 11.0. The HCM method calculates control delay at an intersection based on inputs such as traffic volumes, lane geometry, signal phasing and timing, pedestrian crossing times, and peak hour factors. Control delay is defined as the delay directly associated with the traffic control device (i.e., a traffic signal or stop sign) and specifically includes initial deceleration delay, queue move-up time, stopped delay, and final acceleration delay. The relationship between LOS and control delay for signalized intersections is summarized in Table A.

Table A: Signalized Intersection LOS Criteria
Level of
Service Description Delay in Seconds
A Progression is extremely favorable and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. < 10.0 B Progression is good, cycle lengths are short, or both. More vehicles stop than with LOS A, causing higher levels of average delay.
> 10.0 to

20.0 C
Higher congestion may result from fair progression, longer cycle lengths, or both.

Individual cycle failures may begin to appear at this level, though many still pass through the intersection without stopping.
> 20.0 to

35.0 D
The influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, long cycle lengths, or high V/C ratios.

Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable.
> 35.0 to

55.0 E
This level is considered by many agencies to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths, and high V/C ratios.

Individual cycle failures are frequent occurrences.
> 55.0 to

80.0 F
This level is considered unacceptable with oversaturation, which is when arrival flow rates exceed the capacity of the intersection. This level may also occur at high V/C ratios below

1.0 with many individual cycle failures. Poor progression and long cycle lengths may also be contributing factors to such delay levels.
> 80.0
Source: 2016 Highway Capacity Manual

APPENDIX C

TRAFFIC COUNT DATA
National Data & Surveying Services
Location: F St/Hickman Rd & SR 132/Yosemite Blvd Intersection Turning Movement Count City: Waterford Project ID: 21-090137-001 Control: Signalized Date:

NS/EW Streets:
1100110011001100

NL NT NR NU SL ST SR SU EL ET ER EU WL WT WR WU TOTAL
7:00 AM 21 16 11 0 5 30 3 0 2 26 25 0 16 54 17 0 226
7:15 AM 17 29 15 0 8 38 10 0 4 23 28 0 30 66 14 0 282
7:30 AM 40 32 15 0 13 55 9 0 5 41 52 0 43 74 15 0 3947:45 AM 40 35 21 0 8 43 11 0 13 55 41 0 40 68 13 0 388 8:00 AM 29 35 24 0 18 18 8 0 8 54 21 0 15 41 12 0 283
8:15 AM 19 21 10 0 8 13 5 0 9 47 19 0 12 46 18 0 227
8:30 AM 23 26 7 0 11 23 7 0 2 28 19 0 18 33 9 0 206
8:45 AM 21 19 15 0 16 29 14 0 5 26 17 0 11 34 11 0 218

NL NT NR NU SL ST SR SU EL ET ER EU WL WT WR WU TOTAL
TOTAL VOLUMES : 210 213 118 0 87 249 67 0 48 300 222 0 185 416 109 0 2224 APPROACH %'s : 38.82% 39.37% 21.81% 0.00% 21.59% 61.79% 16.63% 0.00% 8.42% 52.63% 38.95% 0.00% 26.06% 58.59% 15.35% 0.00% PEAK HR : 07:15 AM 38 37 44 07:30 AM TOTAL
PEAK HR VOL : 126 131 75 0 47 154 38 0 30 173 142 0 128 249 54 0 1347 PEAK HR FACTOR : 0.788 0.936 0.781 0.000 0.653 0.700 0.864 0.000 0.577 0.786 0.683 0.000 0.744 0.841 0.900 0.000 Headers NBL NBT NBR NBU SBL SBT SBR SBU EBL EBT EBR EBU WBL WBT WBR WBU 1100110011001100

NL NT NR NU SL ST SR SU EL ET ER EU WL WT WR WU TOTAL
4:00 PM 60 47 37 0 10 41 12 0 8 63 39 0 25 52 15 0 4094:15 PM 24 35 33 0 23 27 10 0 9 69 35 0 28 45 17 0 3554:30 PM 26 47 25 0 15 41 14 0 4 65 37 0 26 41 10 0 3514:45 PM 36 38 22 0 18 45 11 0 4 60 27 0 18 36 10 0 3255:00 PM 30 34 21 0 17 32 20 0 6 75 26 0 24 50 16 0 3515:15 PM 25 32 25 0 14 28 15 0 2 65 28 0 18 41 15 0 3085:30 PM 20 20 13 0 18 32 9 0 3 64 28 0 13 39 12 0 2715:45 PM 17 19 14 0 14 26 9 0 2 57 26 0 14 45 4 0 247

NL NT NR NU SL ST SR SU EL ET ER EU WL WT WR WU TOTAL
TOTAL VOLUMES : 238 272 190 0 129 272 100 0 38 518 246 0 166 349 99 0 2617 APPROACH %'s : 34.00% 38.86% 27.14% 0.00% 25.75% 54.29% 19.96% 0.00% 4.74% 64.59% 30.67% 0.00% 27.04% 56.84% 16.12% 0.00% PEAK HR : 04:00 PM 289 289 296 04:00 PM TOTAL
PEAK HR VOL : 146 167 117 0 66 154 47 0 25 257 138 0 97 174 52 0 1440 PEAK HR FACTOR : 0.608 0.888 0.791 0.000 0.717 0.856 0.839 0.000 0.694 0.931 0.885 0.000 0.866 0.837 0.765 0.000

0.855
Total

0.880 0.929

WESTBOUND

0.878

SOUTHBOUND

0.747 0.902
04:00 PM - 05:00 PM

SOUTHBOUND
PM
AM
07:15 AM - 08:15 AM

NORTHBOUND

0.865

EASTBOUND
12/8/2021
SR 132/Yosemite Blvd

NORTHBOUND
SR 132/Yosemite Blvd

0.816

WESTBOUND
F St/Hickman Rd F St/Hickman Rd

0.776 0.791

EASTBOUND
Day: City: Waterford
Date: Project #: CA21_090138_001
Time # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 Total 00:00 AM 0 45 3 0 0 0 0 0 1 0 0 0 0 49
01:00 0 21 7 0 0 0 0 0 0 0 0 0 0 2802:00 0 32 6 0 1 0 0 1 1 0 0 0 0 4103:00 0 28 15 0 1 0 0 0 0 0 0 0 0 4404:00 0 80 42 0 3 0 0 2 2 0 0 0 0 129 05:00 1 134 65 0 14 1 0 1 3 0 0 0 0 219
06:00 0 280 126 1 23 3 0 3 4 0 8 0 0 448
07:00 1 552 135 2 9 0 0 5 6 0 4 0 1 715
08:00 0 337 132 0 9 8 0 3 12 0 9 0 0 510
09:00 1 276 120 2 15 3 0 1 14 0 6 0 0 438
10:00 0 287 133 2 13 1 0 4 18 0 13 0 0 471
11:00 1 378 167 2 14 2 1 5 7 0 6 0 0 583
12:00 PM 0 415 159 2 16 2 0 4 19 0 10 0 0 627
13:00 1 384 136 2 11 5 0 2 16 0 4 0 1 562
14:00 1 502 176 2 16 7 1 1 12 0 1 0 0 719
15:00 1 512 164 0 13 1 0 1 11 0 0 0 0 703
16:00 1 601 156 1 6 2 0 1 3 1 0 0 0 772
17:00 1 508 156 0 8 3 0 3 1 0 0 0 0 680
18:00 1 338 105 0 6 0 0 1 0 0 0 0 0 451
19:00 0 256 63 0 4 0 0 0 1 0 0 0 0 324
20:00 0 182 49 0 2 0 0 0 2 0 0 0 0 235
21:00 0 146 33 0 2 0 0 0 0 0 0 0 0 181
22:00 1 106 24 0 0 0 0 0 0 0 0 0 0 131
23:00 0 46 11 0 0 0 0 0 1 0 0 0 0 58
11 6446 2183 16 186 38 2 38 134 1 61 2 9118
0% 71% 24% 0% 2% 0% 0% 0% 1% 0% 1% 0% 100%
4 2450 951 9 102 18 1 25 68 0 46 0 1 3675
0% 27% 10% 0% 1% 0% 0% 0% 1% 1% 0% 40%
05:00 07:00 11:00 07:00 06:00 08:00 11:00 07:00 10:00   10:00   07:00 07:00 1 552 167 2 23 8 1 5 18   13 1 715
7 3996 1232 7 84 20 1 13 66 1 15 0 1 5443
0% 44% 14% 0% 1% 0% 0% 0% 1% 0% 0% 0% 60%
13:00 16:00 14:00 12:00 12:00 14:00 14:00 12:00 12:00 16:00 12:00 13:00 16:00 1 601 176 2 16 7 1 4 19 1 10 1 772
Directional Factor % #REF! 772 Directional Peak Hr for Day 16:00 Peak Hr % 8 47  AM 7‐9 NOON 12‐2 PM 4‐6 Off Peak Volumes Volume % Volume % Volume % Volume %
1225 13% 1189 13% 1452 16% 5252 58%
1 Motorcycles 4 Buses 7 > =4‐Axle Single Units 10 >=6‐Axle Single Trailers 13 >=7‐Axle Multi‐Trailers2 Passenger Cars 5 2‐Axle, 6‐Tire Single Units 8 <=4‐Axle Single Trailers 11 <=5‐Axle Multi‐Trailers3 2‐Axle, 4‐Tire Single Units 6 3‐Axle Single Units 9 5‐Axle Single Trailers 12 6‐Axle Multi‐Trailers Directional Peak Periods
All Classes
Classification Definitions
AM Peak Hour
Volume
PM Volumes
% PM
PM Peak Hour
Volume
Totals
% of Totals
AM Volumes
% AM
Prepared by National Data & Surveying Services

CLASSIFICATION
SR 132/Yosemite Blvd W/O F St/Hickman Rd
Wednesday12/8/2021
Summary

APPENDIX D

TRAFFIC COUNT DATA COMPARISON
Location Peak Hour Daily Volume Peak Hour Daily Volume
SR 132 west of F Street 560 7900 787 9118
SR 132 east of F Street 410 7900 763 no data
Caltrans 2019 Data 12/8/2021

APPENDIX E

EXISTING CONDITIONS ANALYSIS WORKSHEETS
Existing AM
Baseline 04/10/2022
Existing AM SimTraffic Report

1: Yosemite Blvd & F St Performance by movement
Movement EBL EBT EBR WBL WBT WBR SEL SET SER NWL NWT NWR Denied Del/Veh (s) 3.3 0.6 3.3 3.5 0.7 3.4 3.6 0.4 3.8 3.6 0.7 3.7 Total Del/Veh (s) 31.4 20.5 8.5 29.0 14.1 4.5 31.6 24.5 7.2 28.5 20.9 10.5 Travel Dist (mi) 7.1 44.1 35.9 17.5 35.0 7.5 8.1 27.7 6.6 15.6 16.4 9.4 Travel Time (hr) 0.5 2.3 1.7 1.7 2.1 0.4 0.7 1.9 0.3 1.6 1.3 0.6 Avg Speed (mph) 15 20 23 11 17 22 12 15 22 10 13 17
Fuel Used (gal) 0.2 1.3 1.0 0.8 1.2 0.2 0.3 1.0 0.2 0.7 0.6 0.3 Fuel Eff. (mpg) 29.8 33.1 35.8 23.2 29.0 31.8 24.4 27.9 31.4 21.6 25.7 27.6 HC Emissions (g) 3 32 24 13 27 5 5 20 5 12 14 9
CO Emissions (g) 78 679 520 402 703 154 155 526 134 385 383 249 NOx Emissions (g) 8 91 68 34 76 14 14 56 13 32 37 24
Vehicles Entered 27 169 137 127 252 54 46 157 38 124 130 75 Vehicles Exited 28 170 137 126 252 54 46 158 38 125 131 75 Hourly Exit Rate 28 170 137 126 252 54 46 158 38 125 131 75 Input Volume 30 173 142 128 249 54 47 154 38 126 131 75 % of Volume 94 98 96 99 101 100 98 103 99 99 100 100
Density (ft/veh)
Occupancy (veh) 022220120211
1: Yosemite Blvd & F St Performance by movement
Movement All
Denied Del/Veh (s) 2.0
Total Del/Veh (s) 19.2
Travel Dist (mi) 231.0
Travel Time (hr) 15.2
Avg Speed (mph) 16
Fuel Used (gal) 8.0
Fuel Eff. (mpg) 28.8
HC Emissions (g) 169
CO Emissions (g) 4368
NOx Emissions (g) 466
Vehicles Entered 1336
Vehicles Exited 1340
Hourly Exit Rate 1340
Input Volume 1347
% of Volume 99
Density (ft/veh) 759
Occupancy (veh) 14
Existing AM
Baseline 04/10/2022
Existing AM SimTraffic Report

Intersection: 1: Yosemite Blvd & F St
Movement EB EB EB WB WB WB SE SE SE NW NW NW
Directions Served UL T R L T R UL T R L T R
Maximum Queue (ft) 65 232 76 191 210 101 92 175 100 150 196 72 Average Queue (ft) 15 77 33 72 79 19 26 73 24 73 77 32
95th Queue (ft) 44 180 61 144 161 63 65 142 67 129 147 60 Link Distance (ft) 1346 723 923 660
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 230 25 240 100 200 100 205 25
Storage Blk Time (%) 19 4 0 4 0 4 0 0 33 7
Queuing Penalty (veh) 34 9 1 8 0 4 0 0 67 17
Network Summary
Network wide Queuing Penalty: 141
Existing PM
04/10/2022
Existing PM SimTraffic Report

1: Yosemite Blvd & F St Performance by movement
Movement EBL EBT EBR WBL WBT WBR SEL SET SER NWL NWT NWR Denied Del/Veh (s) 3.2 0.6 3.2 3.6 0.6 3.6 3.7 0.5 3.8 3.5 0.9 3.5 Total Del/Veh (s) 37.2 22.3 10.5 33.2 14.9 4.3 33.4 26.8 7.0 30.5 23.5 12.9 Travel Dist (mi) 6.7 67.5 35.9 12.8 24.0 7.5 11.5 27.3 8.3 19.2 21.4 15.0 Travel Time (hr) 0.5 3.6 1.8 1.4 1.4 0.4 1.1 2.0 0.4 2.1 1.8 1.1 Avg Speed (mph) 14 19 22 10 17 22 12 14 22 10 12 15
Fuel Used (gal) 0.2 2.1 1.0 0.6 0.8 0.2 0.5 1.0 0.3 0.9 0.9 0.6 Fuel Eff. (mpg) 29.1 32.9 35.1 22.1 29.0 31.7 24.1 27.3 32.2 21.1 25.0 26.7 HC Emissions (g) 1 21 15 594496888
CO Emissions (g) 54 571 373 226 345 137 179 342 166 390 336 302 NOx Emissions (g) 4 68 45 15 30 11 13 29 17 25 26 22
Vehicles Entered 26 259 137 93 173 54 65 154 47 153 170 119 Vehicles Exited 26 260 137 93 173 54 65 156 47 154 171 119 Hourly Exit Rate 26 260 137 93 173 54 65 156 47 154 171 119 Input Volume 25 257 138 97 174 52 66 154 47 146 167 117 % of Volume 104 101 99 96 99 103 98 101 100 106 103 101 Density (ft/veh)
Occupancy (veh) 042110120221
1: Yosemite Blvd & F St Performance by movement
Movement All
Denied Del/Veh (s) 2.0
Total Del/Veh (s) 21.3
Travel Dist (mi) 256.9
Travel Time (hr) 17.6
Avg Speed (mph) 15
Fuel Used (gal) 9.0
Fuel Eff. (mpg) 28.5
HC Emissions (g) 99
CO Emissions (g) 3421
NOx Emissions (g) 305
Vehicles Entered 1450
Vehicles Exited 1455
Hourly Exit Rate 1455
Input Volume 1440
% of Volume 101
Density (ft/veh) 654
Occupancy (veh) 17
Existing PM
04/10/2022
Existing PM SimTraffic Report

Intersection: 1: Yosemite Blvd & F St
Movement EB EB EB WB WB WB SE SE SE NW NW NW
Directions Served UL T R L T R UL T R L T R
Maximum Queue (ft) 54 250 64 129 148 88 109 180 101 192 250 67 Average Queue (ft) 14 109 31 58 56 18 35 75 28 86 107 33 95th Queue (ft) 40 214 52 110 115 55 80 143 75 158 199 51 Link Distance (ft) 1346 723 923 660
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 230 25 240 100 200 100 205 25
Storage Blk Time (%) 30 4 1 0 3 0 0 40 10
Queuing Penalty (veh) 49 11 2 0 4 0 1 105 30
Network Summary
Network wide Queuing Penalty: 203

APPENDIX F

EXISTING PLUS PROJECT CONDITIONS ANALYSIS WORKSHEETS
Existing Plus Project AM
04/10/2022
Existing_Plus Project AM SimTraffic Report

1: Yosemite Blvd & F St Performance by movement
Movement EBU EBL EBT EBR WBL WBT WBR SEU SEL SET SER NWL Denied Del/Veh (s) 3.2 3.3 0.6 3.2 3.5 0.8 3.5 3.4 3.7 0.6 3.7 3.7 Total Del/Veh (s) 32.1 32.5 21.3 8.4 32.3 18.7 5.6 25.3 30.1 26.0 7.3 30.7 Travel Dist (mi) 7.7 7.7 36.6 36.1 17.5 36.1 7.7 3.2 14.4 27.6 7.0 17.6 Travel Time (hr) 0.6 0.6 1.9 1.7 1.9 2.5 0.4 0.3 1.2 2.0 0.4 2.0 Avg Speed (mph) 15 15 19 23 10 15 21 13 12 14 22 10
Fuel Used (gal) 0.3 0.3 1.1 1.0 0.8 1.3 0.2 0.1 0.6 1.0 0.2 0.9 Fuel Eff. (mpg) 29.3 29.2 32.8 35.6 21.9 27.3 31.0 25.4 25.1 28.0 31.9 20.6 HC Emissions (g) 3 6 25 24 13 29 5 1 13 20 5 15
CO Emissions (g) 83 131 525 507 411 746 160 48 325 510 143 483 NOx Emissions (g) 9 16 70 68 33 79 14 4 32 55 14 40
Vehicles Entered 30 30 141 138 127 260 55 18 81 156 40 140 Vehicles Exited 30 30 141 138 126 261 55 18 81 157 40 142 Hourly Exit Rate 30 30 141 138 126 261 55 18 81 157 40 142 Input Volume 31 30 147 142 128 254 54 20 78 154 38 141
% of Volume 98 101 96 97 99 103 101 89 104 102 105 101
Density (ft/veh)
Occupancy (veh) 112222001202
1: Yosemite Blvd & F St Performance by movement
Movement NWT NWR All
Denied Del/Veh (s) 0.8 3.6 2.2
Total Del/Veh (s) 26.1 12.6 22.0
Travel Dist (mi) 14.8 9.6 243.6
Travel Time (hr) 1.3 0.7 17.3
Avg Speed (mph) 11 15 15
Fuel Used (gal) 0.6 0.4 8.8
Fuel Eff. (mpg) 24.3 26.7 27.8
HC Emissions (g) 11 9 177
CO Emissions (g) 313 247 4633
NOx Emissions (g) 29 23 484
Vehicles Entered 118 76 1410
Vehicles Exited 118 76 1413
Hourly Exit Rate 118 76 1413
Input Volume 116 75 1408
% of Volume 102 101 100
Density (ft/veh) 668
Occupancy (veh) 1 1 16
Existing Plus Project AM
04/10/2022
Existing_Plus Project AM SimTraffic Report

Intersection: 1: Yosemite Blvd & F St
Movement EB EB EB WB WB WB SE SE SE NW NW NW
Directions Served UL T R L T R UL T R L T R
Maximum Queue (ft) 92 219 74 194 266 103 133 187 104 206 208 75 Average Queue (ft) 34 66 32 76 102 21 52 78 26 85 83 32 95th Queue (ft) 79 164 58 153 207 69 110 149 76 159 165 59 Link Distance (ft) 1346 723 923 660
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 230 25 240 100 200 100 205 25
Storage Blk Time (%) 17 4 0 7 0 4 0 0 38 6
Queuing Penalty (veh) 36 9 1 14 0 6 0 1 84 16
Network Summary
Network wide Queuing Penalty: 168
Existing Plus Project PM
05/10/2022
Existing_Plus Project PM SimTraffic Report

1: Yosemite Blvd & F St Performance by movement
Movement EBU EBL EBT EBR WBL WBT WBR SEU SEL SET SER NWL Denied Del/Veh (s) 3.2 3.1 0.7 3.2 3.6 0.6 3.7 3.5 3.6 0.6 3.7 3.5 Total Del/Veh (s) 35.0 35.2 23.6 10.2 35.4 19.6 5.2 31.1 32.6 28.1 7.8 31.3 Travel Dist (mi) 9.2 6.1 59.7 35.3 12.8 25.6 7.7 4.2 18.3 27.3 8.8 21.3 Travel Time (hr) 0.7 0.4 3.3 1.7 1.4 1.8 0.4 0.4 1.7 2.0 0.5 2.4 Avg Speed (mph) 14 14 18 22 9 15 21 12 12 14 21 10
Fuel Used (gal) 0.3 0.2 1.8 1.0 0.6 0.9 0.2 0.2 0.7 1.0 0.3 1.0 Fuel Eff. (mpg) 28.5 29.8 32.8 35.3 21.1 27.0 30.9 24.6 24.5 27.6 32.5 20.8 HC Emissions (g) 3 1 17 14 6 9 5 1 5 12 6 9
CO Emissions (g) 96 51 478 347 247 376 149 55 251 367 163 431 NOx Emissions (g) 9 4 56 42 17 30 13 4 17 34 16 27
Vehicles Entered 35 24 230 135 93 184 55 24 103 154 50 170 Vehicles Exited 36 24 231 135 93 186 55 23 103 155 50 169 Hourly Exit Rate 36 24 231 135 93 186 55 23 103 155 50 169 Input Volume 34 25 229 138 97 180 52 24 100 155 47 166
% of Volume 107 96 101 98 96 103 105 96 103 100 106 102 Density (ft/veh)
Occupancy (veh) 103212002202
1: Yosemite Blvd & F St Performance by movement
Movement NWT NWR All
Denied Del/Veh (s) 0.9 3.5 2.2
Total Del/Veh (s) 26.7 14.0 23.5
Travel Dist (mi) 18.4 14.5 269.2
Travel Time (hr) 1.7 1.1 19.5
Avg Speed (mph) 11 15 14
Fuel Used (gal) 0.8 0.6 9.7
Fuel Eff. (mpg) 23.7 26.2 27.8
HC Emissions (g) 8 7 102
CO Emissions (g) 312 280 3603
NOx Emissions (g) 24 19 314
Vehicles Entered 146 115 1518
Vehicles Exited 147 116 1523
Hourly Exit Rate 147 116 1523
Input Volume 149 117 1513
% of Volume 99 99 101
Density (ft/veh) 590
Occupancy (veh) 2 1 19
Existing Plus Project PM
05/10/2022
Existing_Plus Project PM SimTraffic Report

Intersection: 1: Yosemite Blvd & F St
Movement EB EB EB WB WB WB SE SE SE NW NW NW
Directions Served UL T R L T R UL T R L T R
Maximum Queue (ft) 98 262 68 135 178 102 139 184 110 225 251 66 Average Queue (ft) 32 104 31 60 71 22 65 78 32 97 104 33 95th Queue (ft) 74 212 54 112 140 69 121 149 86 177 196 52 Link Distance (ft) 1346 723 923 660
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 230 25 240 100 200 100 205 25
Storage Blk Time (%) 29 4 3 0 5 0 1 42 10
Queuing Penalty (veh) 57 12 4 0 9 0 2 119 33
Network Summary
Network wide Queuing Penalty: 237

APPENDIX G

CUMULATIVE NO PROJECT AND PLUS PROJECT ANALYSIS

WORKSHEETS
Cumulative No Project AM
Baseline 04/12/2022
Cumulative No Project AM SimTraffic Report

1: Yosemite Blvd & F St Performance by movement
Movement EBL EBT EBR WBL WBT WBR SEL SET SER NWL NWT NWR Denied Del/Veh (s) 3.0 0.1 0.2 3.3 0.2 0.2 3.7 0.5 3.7 3.5 0.9 3.6 Total Del/Veh (s) 34.4 22.2 9.5 34.5 16.4 7.1 31.7 25.6 6.4 31.4 21.5 11.5 Travel Dist (mi) 9.5 57.7 47.8 22.7 44.1 9.0 10.8 34.9 8.0 20.4 20.6 11.9 Travel Time (hr) 0.7 3.1 2.1 2.5 2.7 0.5 1.0 2.5 0.4 2.3 1.6 0.8 Avg Speed (mph) 14 19 23 10 16 20 12 14 22 10 13 16
Fuel Used (gal) 0.3 1.8 1.3 1.0 1.6 0.3 0.4 1.3 0.3 1.0 0.8 0.4 Fuel Eff. (mpg) 28.6 32.6 36.6 21.9 27.9 32.3 24.5 27.7 32.1 20.4 25.0 27.1 HC Emissions (g) 4 40 33 21 34 7 8 28 7 19 15 11
CO Emissions (g) 117 899 731 573 976 202 236 696 186 570 441 308 NOx Emissions (g) 12 114 92 52 94 20 21 76 19 49 42 28
Vehicles Entered 37 221 183 164 317 64 61 200 47 164 166 96 Vehicles Exited 37 222 184 164 318 64 62 201 47 164 167 97 Hourly Exit Rate 37 222 184 164 318 64 62 201 47 164 167 97 Input Volume 38 221 181 163 317 69 60 196 48 161 167 96 % of Volume 97 100 102 101 100 93 104 103 98 102 100 101 Density (ft/veh)
Occupancy (veh) 132230120221
1: Yosemite Blvd & F St Performance by movement
Movement All
Denied Del/Veh (s) 1.4
Total Del/Veh (s) 21.2
Travel Dist (mi) 297.3
Travel Time (hr) 20.2
Avg Speed (mph) 15
Fuel Used (gal) 10.5
Fuel Eff. (mpg) 28.3
HC Emissions (g) 229
CO Emissions (g) 5935
NOx Emissions (g) 621
Vehicles Entered 1720
Vehicles Exited 1727
Hourly Exit Rate 1727
Input Volume 1716
% of Volume 101
Density (ft/veh) 555
Occupancy (veh) 20
Cumulative No Project AM
Baseline 04/12/2022
Cumulative No Project AM SimTraffic Report

Intersection: 1: Yosemite Blvd & F St
Movement EB EB EB WB WB WB SE SE SE NW NW NW
Directions Served UL T TR L T TR UL T R L T R
Maximum Queue (ft) 59 126 159 206 168 151 109 232 109 196 247 76 Average Queue (ft) 14 49 45 95 74 53 29 91 30 94 102 35 95th Queue (ft) 41 104 117 173 138 117 76 175 84 168 189 61 Link Distance (ft) 1338 1338 723 723 906 652
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 230 240 200 100 205 25
Storage Blk Time (%) 0 7 0 1 37 5
Queuing Penalty (veh) 0 8 0 1 97 17
Network Summary
Network wide Queuing Penalty: 123
Cumulative No Project PM
04/12/2022
Cumulative No Project PM SimTraffic Report

1: Yosemite Blvd & F St Performance by movement
Movement EBL EBT EBR WBL WBT WBR SEL SET SER NWL NWT NWR Denied Del/Veh (s) 2.8 0.1 0.2 3.4 0.1 0.2 3.6 0.6 3.5 3.5 1.0 3.5 Total Del/Veh (s) 35.7 22.7 11.5 33.4 16.9 6.5 33.4 25.5 6.5 32.1 23.7 13.3 Travel Dist (mi) 7.3 82.4 44.6 16.1 29.2 9.1 14.6 33.1 9.8 21.8 25.6 17.6 Travel Time (hr) 0.5 4.4 2.1 1.8 1.8 0.5 1.3 2.4 0.5 2.5 2.2 1.3 Avg Speed (mph) 14 19 21 10 16 20 12 14 22 9 12 15
Fuel Used (gal) 0.3 2.5 1.3 0.7 1.1 0.3 0.6 1.2 0.3 1.0 1.0 0.7 Fuel Eff. (mpg) 28.6 32.5 35.2 21.7 27.6 34.4 24.2 27.9 32.4 20.8 24.6 26.4 HC Emissions (g) 2 29 16 6 12 4 6 13 6 8 11 8
CO Emissions (g) 68 821 466 270 473 135 237 425 179 408 424 341 NOx Emissions (g) 6 91 50 17 38 12 17 39 17 25 35 24
Vehicles Entered 28 316 170 116 210 65 83 190 57 176 207 143 Vehicles Exited 28 316 171 116 210 65 83 190 57 176 207 143 Hourly Exit Rate 28 316 171 116 210 65 83 190 57 176 207 143 Input Volume 31 315 169 119 213 64 81 189 58 179 205 143 % of Volume 90 100 101 97 99 102 103 101 99 98 101 100
Density (ft/veh)
Occupancy (veh) 142220120221
1: Yosemite Blvd & F St Performance by movement
Movement All
Denied Del/Veh (s) 1.4
Total Del/Veh (s) 21.9
Travel Dist (mi) 311.3
Travel Time (hr) 21.3
Avg Speed (mph) 15
Fuel Used (gal) 11.0
Fuel Eff. (mpg) 28.4
HC Emissions (g) 120
CO Emissions (g) 4247
NOx Emissions (g) 371
Vehicles Entered 1761
Vehicles Exited 1762
Hourly Exit Rate 1762
Input Volume 1766
% of Volume 100
Density (ft/veh) 528
Occupancy (veh) 21
Cumulative No Project PM
04/12/2022
Cumulative No Project PM SimTraffic Report

Intersection: 1: Yosemite Blvd & F St
Movement EB EB EB WB WB WB SE SE SE NW NW NW
Directions Served UL T TR L T TR UL T R L T R
Maximum Queue (ft) 47 159 163 148 118 112 106 219 110 206 259 74 Average Queue (ft) 9 66 56 67 53 32 38 85 31 97 131 35
95th Queue (ft) 29 128 134 123 99 76 84 166 83 167 227 53 Link Distance (ft) 1338 1338 723 723 906 652
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 230 240 200 100 205 25
Storage Blk Time (%) 0 5 0 0 42 8
Queuing Penalty (veh) 0 8 0 1 135 29
Network Summary
Network wide Queuing Penalty: 173
Cumulative Plus Project AM
04/12/2022
Cumulative_Plus Project AM SimTraffic Report

1: Yosemite Blvd & F St Performance by movement
Movement EBU EBL EBT EBR WBL WBT WBR SEU SEL SET SER NWL Denied Del/Veh (s) 3.0 3.1 0.1 0.2 3.3 0.2 0.2 3.6 3.5 0.6 3.6 3.5 Total Del/Veh (s) 32.3 34.1 22.3 9.4 34.8 19.0 9.5 28.3 30.5 27.1 7.5 33.7 Travel Dist (mi) 7.4 9.4 52.4 47.2 21.9 44.9 8.8 3.5 15.3 34.6 8.2 21.6 Travel Time (hr) 0.5 0.7 2.8 2.1 2.4 3.0 0.5 0.3 1.3 2.6 0.4 2.5 Avg Speed (mph) 15 14 19 23 10 15 18 12 12 14 21 9
Fuel Used (gal) 0.3 0.3 1.6 1.3 1.0 1.7 0.3 0.1 0.6 1.3 0.3 1.1 Fuel Eff. (mpg) 28.8 29.1 32.7 36.3 21.4 26.9 30.9 24.5 24.7 27.6 32.4 20.0 HC Emissions (g) 3 5 35 32 19 34 7 2 12 28 7 18
CO Emissions (g) 84 126 781 719 545 989 195 66 340 668 187 567 NOx Emissions (g) 8 14 101 91 47 93 19 5 31 74 19 46
Vehicles Entered 28 37 202 180 158 323 63 20 87 198 48 174 Vehicles Exited 29 37 202 181 158 323 63 20 87 199 47 174 Hourly Exit Rate 29 37 202 181 158 323 63 20 87 199 47 174 Input Volume 31 38 195 181 163 322 69 20 91 196 48 176
% of Volume 94 97 103 100 97 100 91 99 95 102 98 99
Density (ft/veh)
Occupancy (veh) 113223001302
1: Yosemite Blvd & F St Performance by movement
Movement NWT NWR All
Denied Del/Veh (s) 0.9 3.5 1.5
Total Del/Veh (s) 25.1 12.4 22.9
Travel Dist (mi) 19.1 12.1 306.4
Travel Time (hr) 1.7 0.9 21.8
Avg Speed (mph) 12 15 15
Fuel Used (gal) 0.8 0.4 11.1
Fuel Eff. (mpg) 24.0 27.1 27.7
HC Emissions (g) 14 10 225
CO Emissions (g) 420 295 5983
NOx Emissions (g) 40 26 615
Vehicles Entered 154 97 1769
Vehicles Exited 154 98 1772
Hourly Exit Rate 154 98 1772
Input Volume 152 96 1778
% of Volume 101 102 100
Density (ft/veh) 516
Occupancy (veh) 2 1 21
Cumulative Plus Project AM
04/12/2022
Cumulative_Plus Project AM SimTraffic Report

Intersection: 1: Yosemite Blvd & F St
Movement EB EB EB WB WB WB SE SE SE NW NW NW
Directions Served UL T TR L T TR UL T R L T R
Maximum Queue (ft) 94 112 146 215 186 173 122 230 108 222 236 76 Average Queue (ft) 27 41 45 93 83 61 48 99 31 100 107 34 95th Queue (ft) 69 92 113 175 156 133 104 190 85 183 195 58 Link Distance (ft) 1338 1338 723 723 906 652
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 230 240 200 100 205 25
Storage Blk Time (%) 0 0 8 0 1 39 6
Queuing Penalty (veh) 0 0 13 0 3 108 19
Network Summary
Network wide Queuing Penalty: 144
Cumulative Plus Project PM
04/12/2022
Cumulative_Plus Project PM SimTraffic Report

1: Yosemite Blvd & F St Performance by movement
Movement EBU EBL EBT EBR WBL WBT WBR SEU SEL SET SER NWL Denied Del/Veh (s) 2.9 2.9 0.1 0.2 3.5 0.1 0.2 3.5 3.6 0.7 3.5 3.5 Total Del/Veh (s) 37.0 38.4 24.4 11.5 35.3 20.2 7.5 31.8 33.0 25.5 6.1 33.0 Travel Dist (mi) 8.9 8.2 76.8 44.0 15.4 30.7 9.0 4.0 19.8 32.4 10.4 25.2 Travel Time (hr) 0.7 0.6 4.2 2.1 1.7 2.1 0.5 0.4 1.8 2.3 0.5 2.9 Avg Speed (mph) 13 13 18 21 9 14 19 11 12 14 22 9
Fuel Used (gal) 0.3 0.3 2.4 1.2 0.7 1.1 0.3 0.2 0.8 1.1 0.3 1.2 Fuel Eff. (mpg) 28.1 28.1 32.3 35.6 20.9 26.8 32.6 24.0 24.2 28.2 33.5 20.4 HC Emissions (g) 4 4 24 14 6 14 4 1 6 13 5 10
CO Emissions (g) 112 100 720 428 288 531 151 55 292 417 162 473 NOx Emissions (g) 12 11 78 45 18 43 12 4 20 40 15 31
Vehicles Entered 34 32 294 168 111 220 64 23 112 186 60 203 Vehicles Exited 34 32 295 168 111 221 64 22 113 185 60 203 Hourly Exit Rate 34 32 295 168 111 221 64 22 113 185 60 203 Input Volume 34 31 287 169 119 219 64 24 115 190 58 198 % of Volume 101 102 103 100 93 101 100 92 98 97 104 103 Density (ft/veh)
Occupancy (veh) 114222002203
1: Yosemite Blvd & F St Performance by movement
Movement NWT NWR All
Denied Del/Veh (s) 1.1 3.4 1.6
Total Del/Veh (s) 25.6 14.5 23.7
Travel Dist (mi) 22.8 17.7 325.2
Travel Time (hr) 2.0 1.4 23.3
Avg Speed (mph) 11 14 14
Fuel Used (gal) 1.0 0.7 11.7
Fuel Eff. (mpg) 23.6 25.9 27.8
HC Emissions (g) 8 10 125
CO Emissions (g) 357 362 4448
NOx Emissions (g) 29 28 385
Vehicles Entered 184 143 1834
Vehicles Exited 185 144 1837
Hourly Exit Rate 185 144 1837
Input Volume 187 143 1837
% of Volume 99 101 100
Density (ft/veh) 482
Occupancy (veh) 2 1 23
Cumulative Plus Project PM
04/12/2022
Cumulative_Plus Project PM SimTraffic Report

Intersection: 1: Yosemite Blvd & F St
Movement EB EB EB WB WB WB SE SE SE NW NW NW
Directions Served UL T TR L T TR UL T R L T R
Maximum Queue (ft) 104 141 164 146 132 125 147 197 108 244 283 69 Average Queue (ft) 28 60 54 65 61 37 63 81 36 113 132 35 95th Queue (ft) 75 114 125 120 112 84 120 158 92 193 241 53 Link Distance (ft) 1338 1338 723 723 906 652
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 230 240 200 100 205 25
Storage Blk Time (%) 0 5 0 1 43 8
Queuing Penalty (veh) 0 10 1 4 147 30
Network Summary
Network wide Queuing Penalty: 192
Attachment 4c
Letter from Petrulakis Law & Advocacy, APC, dated September 1, 2022

MINUTES

WATERFORD PLANNING COMMISSION

WATERFORD COMMUNITY CENTER, CITY COUNCIL CHAMBERS
101 “E” STREET, WATERFORD, CA
CALL TO ORDER: Chairman Rivers at 6:30pm
FLAG SALUTE: Chairman Rivers
ROLL CALL:

Chairman: Rivers
Vice Chairman: Esther
Commission Members: Barnes, O’Neal
ADOPTION OF AGENDA:

Motion waiving reading of all ordinances and resolutions on the agenda except by title, unless reading of an Ordinance or Resolution is requested by the Chairman or Commission Member.

ACTION: By motion moved and seconded (Commissioner Barnes / Commissioner O’Neal, 4-0) to adopt the Agenda.

AYES: Rivers, Esther, Barnes, O’Neal
NAYS: None
Motion passed 4-0
CONFLICT OF INTEREST DECLARATION:

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

1. 2.

At this time, members of the public may comment on any item not appearing on the agenda. Comments should be limited to a maximum of 5 minutes. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Commission consideration. At all times please come up to the podium and use the microphone.

3. COMMUNICATIONS FROM THE AUDIENCE

CONSENT CALENDAR

PRESENTATIONS/ OATHS OF OFFICE
WATERFORD PLANNING COMMISSION MEETING – August 23, 2022 at 6:30 PM

STAFF / COMMISSION COMMENTS
3a: MOTION: Minutes of the Special Planning Commission Meeting held on April 26, 2022.

ACTION: By motion moved and seconded (Commissioner Barnes / Commissioner O’Neal, 4-0) to adopt the Minutes.

AYES: Rivers, Esther, Barnes, O’Neal
NAYS: None
Motion passed 4-0

4. 4a: RESOLUTION: Conditional Use Permit Application No. 2021-02 and Architecture Site Plan Review Application No. 2021-03; 12725 Yosemite Blvd. (APN: 134-006-013) ACTION: By motion moved and seconded (Commissioner Esther / Commissioner Barnes, 2-2) to approve Conditional User Permit Application CUP 2021-02 and Architectural Site Plan Review Application No. 2021-03; 12725 Yosemite Blvd. (APN: 134-006-013) AYES: Esther, Barnes
ABSTAIN: Rivers, O’Neal
NAYS: None
Motion Failed 2-2

5. 6.

7. 7a: Building Reports – July 2022
7b: Business License Report – July 2022

8. 8a: City Staff Comments (Information Only – No Action) 8b: Planning Commission Comments (Information Only – No Action) Adjournment at 7:49pm
ACTION: By motion moved and seconded (Commissioner O’Neal / Commissioner Barnes, 4-0) to adjourn the Planning Commission meeting.

UNFINISHED BUSINESS

NEW BUSINESS

PUBLIC HEARING

ADJOURNMENT

CORRESPONDENCE / INFORMATIONAL ITEMS
AYES: Rivers, Esther, Barnes, O’Neal
NAYS: None
Motion passed 4-0
Passed and Approved by the Waterford Planning Commission at a regular meeting of the Planning Commission held on September 27, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brandon Rivers, Chairman
ATTEST:

Marissa Martinez, Administrative Analyst

General Business 6a
October 6, 2022
Lonnie Statzer, Public Works Superintendent
City Council Staff Report
Resolution: Approving Resolution 2022-54, Concurrence with the 2021-2022 Consolidation Annual Performance Report (CAPER) and Support of Submission to the U.S.

Department of Housing and Urban Development (HUD).

SUMMARY:

The City Council is be asked to approve a resolution concurring with the 2021-2022 Stanislaus Urban County Consolidation Annual Performance Report (CAPER) and support of submission to the U.S.

Department of Housing and Urban Development (HUD).

ANALYSIS:

The CAPER is a summary of U.S. Department of Housing and Urban Development (HUD) funded programs. The following programs are evaluated in the Consolidated Annual Performance Evaluation Report (CAPER): Community Development Block Grant (CDBG), Emergency Solutions Grants Program (ESG), and the Neighborhood Stabilization Program (NSP) during Fiscal Year 2021-2022.

The Stanislaus County Community Development Block Grant (CDBG) Urban County includes unincorporated areas of Stanislaus County and the cities of Ceres, Hughson, Newman, Oakdale, Patterson, and Waterford. Each year the Urban County agencies are asked to review and provide concurrence with the CAPER. Staff has reviewed the CAPER and recommends approval. A daft of the CAPER is available online at this link: https://www.stancounty.com/planning/cdbg/plans-andreports.shtm FISCAL IMPACT:

N/A
ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

An alternative is for Council to decline to concur with the draft CAPER. Staff does not recommend this option because this resolution is needed in order for County Staff to complete their report and present it to their board at their next meeting.

ATTACHMENTS:
• Resolution 2022-54
RESOLUTION 2022-54

WATERFORD CITY COUNCIL
RESOLUTION 2022-54
A RESOLUTION IN CONCURRENCE WITH THE 2021-2022 CONSOLIDATED

ANNUAL PERFORMANCE REPORT (CAPER) AND SUPPORT OF SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WHEREAS Stanislaus County, recognized as an eligible Urban County in by the U.S. Department of Housing and Urban Development (HUD), annually receives Community Development Block Grant (CDBG) funds and Emergency Solutions Grant (ESG) funds; and WHEREAS in 2002, Stanislaus County formed the Stanislaus County Community Development Block Grant Consortium, which includes Stanislaus County unincorporated communities and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson and Waterford, collectively hereafter referred to as the “Stanislaus Urban County;” and
WHEREAS as an application for these funds, HUD requires Stanislaus County to prepare and submit either a three or five-year Consolidated Plan (Con Plan) and Annual Action Plan (AAP) and at the end of each fiscal year, Stanislaus County is also required to annually prepare the Consolidated Annual Performance and Evaluation Report (CAPER) to report the progress made in accomplishing the goals set forth in the Con Plan and Annual Action Plan (AAP) for the CDBG and ESC Programs; and WHEREAS Stanislaus County has prepared the CAPER for fiscal year 2021-22 beginning July 1, 2021 and ending June 30, 2022; and
WHEREAS Waterford’s allocation for FY 2021-2022 was utilized for the design and construction of the H & I Street Improvement Project which includes, Gutter, Sidewalk, ADA Improvements, Asphalt Surface Improvements, and eligible administration; and
WHEREAS the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2021-2022 is made available to the public as an opportunity to review and provide comments prior to the final public hearing to be held by the Stanislaus County Board of Supervisors on December 1, 2022.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF WATERFORD concurs with the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2020-2021 and supports submission to HUD.

PASSED AND ADOPTED by the City Council of the City of Waterford, at a regular meeting thereof held on the 6th day of October, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

City of Waterford,
Jose M. Aldaco, Mayor
RESOLUTION 2022-54
ATTEST: Approved as to Form:
__________________________ ___________________________
Patricia Krause, CMC, City Clerk Corbett J. Browning, City Attorney General Business 6b
October 6, 2022
Lonnie Statzer Public Works Superintendent
City Council Staff Report
Motion: Awarding Bid and Approving an Agreement with Taylor Backhoe Services, Inc in the Amount of $298,237.60 for Project No. 2022-09, “F Street Pedestrian Improvement Project” and Authorizing the City Manager to Execute the Agreement.

SUMMARY:

The City Council is being asked to award bid and approving an agreement with Taylor Backhoe Services, Inc in the amount of $298,237.60 for Project No. 2022-09 “F Street Pedestrian Improvement Project” and authorizing the City Manager to execute the agreement.

ANALYSIS:

Project location will be F Street, between First Street and N. Western Avenue, and the project will include the installation of new frontage improvements to the west side of F Street, including curb, gutter, and sidewalk, pavement widening, storm drain improvements, and relocation of the City’s monument sign. All proposed improvements are within existing City right-of-way and will fill in a sidewalk gap providing a safe path of travel for pedestrians.

On September 21, 2022, staff received 4 bids as follows:

Bid Company City and State Bid Amount

1. Taylor Backhoe Services, Inc Merced, CA 95341 $298,237.60

2. Consolidated Engineering, Inc Valley Springs, CA
95252
$382,485.00

3. George Reed, Inc Modesto, CA 95354 $426,121.00

4. United Pavement Maintenance, Inc. Hughson, CA 95326 $429,472.00 Note: Engineer’s Estimate = $283,000

FISCAL IMPACT
Funding for this project will come from the STPCML Grant and Measure L Funds for fiscal year 2022/2023.

The project budget is as follows:

Expenses
Total Project Cost Construction
Contract
Construction
Contingency
Construction
Engineering &
Inspection
Preliminary
Engineering
$357,885.12 $298,237.60 $29,823.76 $14,911.88 $14,911.88 Funding Source:

Funding Title Funding Required Funding Line Code
STPCML Grant $75,000 6310-310-8297
Measure L Funds $282,885.12 6320-320-9250
Total $357,885.12
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 to not award the “F Street Pedestrian Improvement Project”. Staff does not recommend this as grant funds have already been allocated to this project and Measure L funding is available.

ATTACHMENTS:
• Location Map
• Notice of Award
• Agreement
• Bid Log

F Street Pedestrian Improvements C-13

NOTICE OF AWARD
Description of Work:

STPCML 5406 (032) – F STREET PEDESTRIAN IMPROVEMENTS
To Taylor Backhoe Services, Inc___________________________________________ (Contractor)
1605 E. Gerard Ave.__________________________________________________ (Address)
Merced, CA 95341______________________________________________________________ (City, State, Zip)
The City of Waterford, (Owner), represented by the undersigned has considered the proposal submitted by you for the above described work in response to its Notice to Contractors dated October 6, 2022.

It appears that it is to the best interest of said Owner to accept your Proposal in the amount of $Two Hundred and Ninety-Eight Thousand, Two Hundred and Thirty-Seven Dollars and Sixty Cents___________________________________________________________________________ (written description of contract amount)
($ 298,237.60) you are hereby notified that your Proposal has been accepted.

If you fail to execute said contract and to furnish bonds and certificates within 14 calendar days from the date of delivery of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Proposal as abandoned and to award the work covered by your Proposal to another, or to re-advertise the work or otherwise dispose thereof as the Owner may see fit.

Dated this _6th_ day of October, 2022.

OWNER: City of Waterford ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby
acknowledged
This _______ day of ______________, 20___
By _______________________ By _________________________ Title: _____________________ Title: _______________________ F Street Pedestrian Improvements C-14

NOTICE TO PROCEED

Description of Work:

STPCML 5406 (032) – F STREET PEDESTRIAN IMPROVEMENTS
To ________________________________________________________________ (Contractor)
________________________________________________________________ (Address)
_______________________________________________________________________________ (City, State, Zip)
You are hereby given Notice to Proceed with the construction of the above referenced project. This notice
Given this _________ day of _________________, 20___, begins the 45 days construction period for this project, and unless amended as provided for in the specifications, work shall be completed by the ______ day of _______________, 20___.

Work required beyond the established date of completion for this project will be assessed liquidated damages at the rate of $ 1,000.00 per day in conformance with the specifications.

OWNER: City of Waterford ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is
hereby acknowledged
This _____ day of _______________, 20____
By _______________________ By _________________________ Title: _____________________ Title: _______________________ F Street Pedestrian Improvements C-15

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS,
That ________________________________________________ as Contractor, and _________________________________________________ as Surety, are held firmly bound unto _____________________________________________ hereinafter called “Owner”, in the sum of _________________________________ ____________________________________________________________ dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with said Owner to perform and furnish all work as specified or indicated in the Contract Documents entitled ____________________________________________________________ ____________________________________________________________________________ NOW, THEREFORE, if said Contractor, his subcontractors, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender, equipment or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252 inclusive, of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies or corporations so furnishing said materials, provisions, provender, equipment or other supplies, appliances or power used in, upon, for or about performance of the work contracted to be executed or performed, or any person, company or corporation renting or hiring implements r machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said Surety will pay the same in an amount not exceeding the sum hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney’s fee, as shall be fixed by the Court. This bond shall insure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

F Street Pedestrian Improvements C-16

PAYMENT BOND
(CONTINUED)
PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changed in the time of completion, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety.

SIGNED AND SEALED, this ________ day of ______________, 20 ___. _________________________ _____________________________________ (Contractor’s Seal) (Surety Seal)
By: _____________________________ _____________________________________________ (Signature) (Address & Telephone Number)
By: ____________________________
(Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
F Street Pedestrian Improvements C-17

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS,
That ________________________________________________ as Contractor, and _________________________________________________ as Surety, are held firmly bound unto _____________________________________________ hereinafter called “Owner”, in the sum of _________________________________ ____________________________________________________________ dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with said Owner to perform and furnish all work as specified or indicated in the Contract Documents entitled ____________________________________________________________ ____________________________________________________________________________ NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract required to be performed on his part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changed in the time of completion, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety.

SIGNED AND SEALED, this ________ day of ______________, 20 ___. _________________________ __________________________
(Contractor’s Seal) (Surety Seal)
By: _____________________________ ________________________________ (Signature) (Address & Telephone Number)
By: ____________________________
(Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
F Street Pedestrian Improvements C-1

A G R E E M E N T
FOR

PUBLIC IMPROVEMENT
PROJECT NO. 2022‐09
“STPCML 5406 (032) – F STREET PEDESTRIAN IMPROVEMENTS”
THIS AGREEMENT, is entered between the CITY OF WATERFORD, a Municipal Corporation, herein called "City", and Taylor Backhoe Services, Inc herein called "Contractor", on October 6, 2022.

RECITALS
(a) City hastaken appropriate proceedingsto authorize construction of the publicwork and improvements herein provided, and execution of this Agreement. (b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) On October 6, 2022, after notice duly given,the City Council ofsaid City awarded the contract for the construction of the improvements hereinafter described to Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements.
(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:

All work as specified on the Plans and in the Special Provisions, dated JULY, 2022 for the project, F STREET PEDESTRIAN IMPROVEMENTS.

The aforesaid improvements are further describedin the plans,specifications and technicalrequirementsforsuch project, copies ofwhich 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.

F Street Pedestrian Improvements C-2

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 specificationsforsaidwork,which said specifications are entitled, "General Conditions and Special Provisions for “F STREET PEDESTRIAN IMPROVEMENTS”
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.

5. Contract Price:

City shall pay, and Contractor shall accept in full payment for the work above F Street Pedestrian Improvements C-3

agreed to be done, the sum of: $Two Hundred and Ninety – Eight Thousand, Two Hundred and Thirty-Seven Dollars and Sixty Cents. ($298,237.60). 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:

The time fixed for the commencement of such work is ten (10) calendar days after the "Notice to Proceed" has been issued. The work on this project shall be completed on or before forty five (45) calendar days after the date of the "Notice to Proceed".

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 ofthe finalservice and preparation ofthe final estimatesshall 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, itis 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 CompleteWork:

If Contractorshall have refused orfailed to prosecute thework, or any severable part thereof, with such diligence aswill insure its completion within the time specified or any extensionsthereof, orshall have failed to complete saidworkwithin 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 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 F Street Pedestrian Improvements C-4

sureties of itsintention to terminate this Agreement, and unless within five (5) days after the serving of such notice such violation shall cease and satisfactory arrangementsforthe correction thereofmade,this Agreementmay, atthe 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 specifiedwithin the time herein required and to the satisfaction ofthe 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 ($1,000) Dollars as liquidated damages for each calendar day beyond the date herein provided for the completion of suchwork.

10. Performance by Sureties:

In the event of any termination as herein‐before provided, City shall immediately givewritten notice thereof to Contractor and Contractor'ssureties, 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 Citywritten notice of their intention to take over the performance of the Agreement and do not commence performance thereofwithin 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 Suretiesshall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, Citymay, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to Contractor asmay 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 extraworkwhich Contractor may be required to do, orrespecting 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:

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

F Street Pedestrian Improvements C-5

13. Superintendence by Contractor:

Contractorshall give personalsuperintendence to thework 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 omissionsfromsaid specifications or plans or other contract documents, itshall be atliberty to do so, and the same shall in noway affect or make void the contract, butwill be added to or deducted from the amount ofsaid contract price asthe case may be, by fair and reasonable valuation. Request forsuch 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 Citymay arrange formill orfactory inspection and testing ofsame, asrequired by the City.

Any materialsshipped by Contractorfromfactory priorto 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.

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 thework and isfamiliarwith itstopography 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 F Street Pedestrian Improvements C-6

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%) ofthe contract price assecurity forthe faithful performance ofthis 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. Indemnity:

Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence, sole negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

22. Contractor's Insurance:
(a) Minimum Limits of Insurance
F Street Pedestrian Improvements C-7

(1) General Liability
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 for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. A combination of a general liability policy and excess liability policies may be utilized to achieve these limits. Contractor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, 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. An endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
(2) Auto Liability
Contractor shall provide auto liability coverage for owned, nonowned, 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.
(3) Workers’ Compensation
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.
(b) Deductibles and Self‐Insured Retention:

Any deductible or self‐insured retention must be declared to and 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.
(c) Other Insurance Provisions
F Street Pedestrian Improvements C-8

The policies are to contain, or be endorsed to contain, the following provisions:
(1) General Liability and Automobile Liability Coverage (a) Any failure to complywith reporting provisions ofthe policies shall not affect coverage provided to the City, its officers, officials, employees, or volunteers.
(b) 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'sliability. (2) All Coverage:
(a) 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.
(b) The Contractor shall require the subcontractors, if any, to take out and maintain similar Commercial General Liability and Property Damage Insurance.
(c) 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. (d) Acceptability of Insurer:

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

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 certificatesin form and amount, andwith companiessatisfactory 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 F Street Pedestrian Improvements C-9

cancellation or to a reduction in the required limits of liability or amounts of insurance until notice has been mailed to the City statingwhen, notlessthan ten (10) daysthereafter,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 asto 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:

Contractorshall furnish City on City Forms, through the City Engineer, concurrentlywith the execution hereof,with satisfactory proof of carriage ofthe insurance required, andthateach 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) hoursshall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution ofthis Agreementshall be the current prevailing scale ofwages determinedby the U.S. Secretary of Labor for the community and on file with the City Engineer.

The Contractorshall forfeit as penalty to the City, Twenty‐FiveDollars($25)to be paid to the City of Waterford for eachworkman employed in the execution of this Agreement by himor 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 controlsthe procurement and allocation oflaborormaterials,or both, and if solely because of said restrictions, regulations or controls, contractor is through no fault ofthe contractor, unable to performthis Agreement, orthework isthereby 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.

F Street Pedestrian Improvements C-10

To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform,shall notify City Engineerinwriting 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 permitsubstitution, or provide for changesin thework 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 concurrenceof 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. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost‐plus ten percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the project andwhich cannot be utilized by Contractor,shall be compensated for by City at cost, including freight, provided the Contractorshall take allsteps possible to minimize this obligation; or
(c) City Council, by resolution,may suspend this Agreement untilthe cause ofinability 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, electtodeclare this Agreementterminated upon the ground ofimpossibility of performance. In the event City declares this Agreement terminated, such declaration shall be authorized by the CityCouncil by resolution, and Contractorshall 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 atthe Agreementrate forsuch portion ofthe Agreement asmay have been performed, or
(d) City may terminate this Agreement, in which case Contractor shall be entitled to proportionate compensation atthe agreed rate forsuch portion oftheAgreement as may have been performed. Such termination shall be authorized by resolution ofthe 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 thissub‐paragraph (d), none of the covenants, conditions or provisions hereofshall apply to thework not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.

F Street Pedestrian Improvements C-11

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.

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

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

Taylor Backhoe Services, Inc.
1605 E. Gerard Ave.

Merced, CA 95341
Phone 209-384-8424
Fax 209-384-7629
_

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

City of Waterford
101 E. Street
Waterford, CA,95386
Phone 209-874-2328
Fax 209-874-9656

28. Interpretation:

F Street Pedestrian Improvements C-12

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.

INWITNESSWHEREOF,fouridentical counterpartsofthisAgreement, consisting of a totalof 12 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.

F Street Pedestrian Improvements C-13

(Attach Contractor's
Notary Seal here)
By:

Contractor
Address:

Phone:

CITY OF WATERFORD,

A MUNICIPAL CORPORATION
By:

Michael G. Pitcock, City Manager
APPROVED AS TO FORM:

By: _
Federal Tax ID #
OR
Social Security #
Corbett Browning, City Attorney
APPROVED AS TO SUFFICIENCY:

MCR ENGINEERING
By: _
Rob Marler, City Engineer
ATTEST:

By:

Patricia Krause, City Clerk

General Business 6c
October 6, 2022
Lonnie Statzer Public Works Superintendent
City Council Staff Report
Resolution: Approving Resolution 2022-55, Approving Change Order #1 and Accepting Improvements for Project No. 2022-08, “Pecan Avenue Sewer Repair” 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 approve change order #1 and accept the improvements and authorize the City Engineer to file a Notice of Completion with the Stanislaus County Recorder’s Office.

ANALYSIS:

On June 2, 2022, City Council awarded a bid to Rolfe Construction, Inc. of Atwater, California in the amount of $36,055.00. The scope of work included removing and replacing approximately 35 feet of sewer main, installation of one sewer manhole and repaving the affected area.

The table below provides the City Council of an accounting of funding approved to date:

Action Scope of Work Approval Amount
Award of Bid Original Contract City Council $36,055.00
Change Order #1 Fix sink hole, patch &
pave and replace
broken manhole.

City Council>10% $10,806.00
Final Contract Price $46,861.00
All work has been completed in accordance with the Plans, Specifications and Standard Plans. Staff recommends City Council approve change order #1 and accept the improvements and authorize the City Engineer to file a Notice of Completion with the Stanislaus County Recorder’s Office.

FISCAL IMPACT
Sufficient funding for this project is included in the FY 2021-2022 budget will come from the Sewer fund. The project budget is as follows:

Expenses
Total Project Cost Construction
Contract Change Order
Construction
Engineering &
Inspection
Preliminary
Engineering
$51,061.00 $36,055.00 $10,806.00 $2,100.00 $2,100.00
Revenues:

Funding Title Funding Required Budget Number
Sewer Fund $51,061.00 4350-700-8300
Total $51,061.00
No General Fund money will be used for this project.

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 accept the NOC.

ATTACHMENTS:
• Resolution 2022-55
• Notice of Completion
• Change Order #1
RESOLUTION 2022-55 Page 1 of 2

WATERFORD CITY COUNCIL
RESOLUTION # 2022-55
APPROVING RESOLUTION 2022-55, APPROVING CHANGE ORDER #1 AND ACCEPTING IMPROVEMENTS FOR PROJECT NO. 2022-08, “PECAN AVENUE SEWER REPAIR” 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 capital improvement project bid documents; and
WHEREAS, on or around June 2, 2022, a Contract was duly executed by and between Rolfe Construction, Inc. and the City of Waterford, California, a Municipal Corporation to have certain public improvements to be constructed and installed 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 contract, approved specifications and plans; and WHEREAS, security securing the payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment may be released six (6) months from receipt by the City of the recorded Notice of Completion, provided no claims have been filed with the City; and
WHEREAS, the performance security is to remain in effect for (1) year guaranteeing that the completed work remains satisfactory during the required one (1) year warranty period and may be released upon correction, by Contractor, of any defects in the work existing at the end of the warranty period.

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.

Section 3. The adoption of this resolution does not release any improvement securities which have been provided in accordance with the above-referenced Contract.

Such shall remain in full force and effect as set forth above.

PASSED, APPROVED, AND ADOPTED by the Waterford City Council of the City of Waterford at a regular meeting this 6
th day of October, 2022, by the following vote:

RESOLUTION 2022-55 Page 2 of 2
AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF WATERFORD
JOSE M. 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 on July 13, 2022.

6. The name of the contractor, for such work of improvement was Rolfe Construction Inc..

7. The nature of the work of improvement was Sewer line replacement, manhole lid & ring replacement, dig out and re-paving as described in City Bid #2022-08.

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: Pecan Ave..

9. The street address of said property is none.

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
Change Order No. 1 Date:

Project:

Contractor:   Rolfe Construction, Inc.

Quantity Unit Unit Price Cost
1 LS 10,806.00 $   $         10,806.00
Total Change Order: $        10,806.00
Original Contract / Bid Amount: 36,055.00 $
Amount of Previous Change Orders: $ ‐
Revised Contract Amount: $        46,861.00
Recommended: Date: 7/27/2022
Accepted: Date:

Authorized: Date:

CHANGE ORDER
7/27/2022
Reason for Change:   Sink hole patch paving and broken sewer manhole repaired on Pasadena Ave.

Description
Proposal (see attached) ‐ 1 Lump Sum
Pecan Sewer Repair
City Engineer
Contractor
City Administrator
7/27/22
Informational Items 8
October 6, 2022
Patricia Krause, City Clerk / Assistant to the City Manager City Council Staff Report
Informational Items.

SUMMARY:

Items included in this section provide City Council with updates on business not requiring a full report.

FISCAL IMPACT:

N/A
ANALYSIS:

All items under this category are considered for informational purpose only.

ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

N/A
ATTACHMENTS:
8a: City Project List
Streets
Name Owner Priority Estimated Cost Update
Yosemite Ave. Pedestrian Project (CalTrans) Michael Pitcock Lonnie Statzer High $6,000,000 (SHOPP) Caltrans is lead agency.

H & I Streets Rehabilitation Michael Pitcock
Lonnie Statzer High $500,000 (CDBG) In Construction.

F Street Overlay Michael Pitcock
Lonnie Statzer High $1,200,000 (Measure L) In Design.
2023 Slurry and Cape Seals Michael Pitcock
Lonnie Statzer High $500,000 (Measure L) In Planning.

F Street Improvements at Western Michael Pitcock
Lonnie Statzer High $300,000 (STBG and CMAQ) Bid Opening on 9/21/22.

Western Pedestrian Improvements Michael Pitcock
Lonnie Statzer High $300,000 (CDBG) IN NEPA Environmental Review.

Yosemite at Pasadena Signal Improvements Michael Pitcock Lonnie Statzer High $600,000 (CMAQ) In Design.

Skyline Road Improvements Michael Pitcock
Lonnie Statzer High $450,000 (STBG) In Design.

Housing Development
Name Owner Priority Estimated Cost Update
Pecan / Pasadena Subdivision Michael Pitcock High NA Homes in Construction. All homes sold.

Bentley Estates Michael Pitcock High NA Tentative Map Approved. Waiting on Developer.

Economic Development
Name Owner Priority Estimated Cost Update
F St and Yosemite Redevelopment (Burned Building) Michael Pitcock High N/A Appeal to be heard at City Council.

Facilities / Property
City Projects
Name Owner Priority Estimated Cost Update
ADA Transition Plan Implementation Lonnie Statzer Low Varies Ongoing 109 E St. Public Works Shop Sale Lonnie Statzer Low N/A For sale Local Hazardous Mitigation Plan Update Lonnie Statzer Low N/A County Wide Plan Process has Started.

Council Chambers Equipment Upgrade Patricia Krause High $52,000 Waiting on Equipment.

Public Safety
Name Owner Priority Estimated Cost Update
License Plate Reader Program Michael Pitcock High
$10,000 up front and $3,300
monthly for maintenance and
monitoring.

Cameras have been installed. In start up.

Utilities
Name Owner Priority Estimated Cost Update
WWTP Biosolids Screening Upgrade - Self Help Enterprises Grant
Michael Pitcock
Lonnie Statzer High $500,000 Unfunded Grant Application submitted.

Water System Consolidation - Hickman Michael Pitcock
Lonnie Statzer High $3,000,000 Unfunded Grant Application submitted.

Tim Bell Water and Sewer Extension to Vineyard Michael Pitcock Lonnie Statzer High $2,500,000 (ARPA) In Design.

Pecan Sewer Line Lonnie Statzer High $50,000 Completed. NOC to go to Council.

Parks and Trails
Name Owner Priority Estimated Cost Update
Triangle Parcel - Neighborhood Park Lonnie Statzer High $133,000 Park Impact Fees On hold as funding for Dog Park is higher prioroity
S. Reinway Sports Complex Lonnie Statzer Low Unfunded On Hold Dog Park (Prop 68 Per Capita Grant) Lonnie Statzer High $250,000 Grant and Park Impact Fees In Construction
Beard Park Improvements (Prop 68 Competitive Grant) Lonnie Statzer High $1,000,000 Million Unfunded Grant Denied. Waiting to see if another cycle to apply is available.

Community Center Remodel Michael Pitcock
Lonnie Statzer High $800,000 (General Fund) In Design
Other Projects
Name Owner Priority Estimated Cost Update