Resolution 2025-35
WATERFORD CITY COUNCIL
RESOLUTION 2025-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERFORD AMENDING POLICY II-7 “EXPENDITURES AND DISBURSEMENTS DONATIONS POLICY” AND ESTABLISHING A DONATION
POLICY FOR LOVE WATERFORD AND WATERFORD YOUTH SPORTS PROGRAMS WHEREAS, on February 21st, 2013, City Council adopted Resolution 2013-11, establishing policy II-7, regarding expenditures and disbursements for public purposes; and WHEREAS, the City Council has directed to amend policy II-7 to allow donations to Love Waterford in support of community events and engagement; and
WHEREAS, the City Council also amends policy II-7 to allow donations to Waterford Youth Sports Leagues on a reimbursement of expenses basis with a max total donation amount specified by City Council each fiscal year; and
WHEREAS, organizations requesting donations must make a yearly request to City Council to receive funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Waterford rescinds Resolution 2013-11.
BE IT FURTHER RESOLVED, that the City Council of the City of Waterford hereby approves resolution 2025-xx, Amending Policy II-7, “Expenditures and Disbursements Donations Policy”, and Establishing a Donation Policy for Local Community Group Love Waterford and Waterford Youth Sports Leagues.
The foregoing Resolution was passed and adopted by the City Council of the City of Waterford, County of Stanislaus, State of California, at a regular meeting thereof held on the 5th day of June 5, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City of Waterford,
Charlie Goeken, Mayor
ATTEST:
APPROVED AS TO FORM:
Patricia Krause, CMC, City Clerk Corbett J. Browning
City Attorney
Policy III-9 Issued 02.21.2013, RES 2013-11, Reviewed 01.19.2023, RES 2023-05, Amended RES 2025-xx,
06.05.2025
CITY OF WATERFORD
EXPENDITURES AND DISBURSEMENTS DONATION
POLICY II-7
A. POLICY STATEMENT
The City has received requests for financial assistance from local charitable organizations and community groups in support of worthy causes from time to time. City Council believes that the support for charitable organizations should result from voluntary decisions of individuals who support charities of their choice as opposed to government imposing involuntary donations to charities which tax payers may or may not wish to support.
B. POLICY
The City Council of the City of Waterford hereby prohibits expenditures or disbursements from general funds for public purposes as requested by most non-profit, for-profit, community organizations or individuals. Exceptions: To encourage and support community engagement and youth sports , City Council will allow donations to Love Waterford in support of community events and engagement. City Council will also allow donations to Waterford Youth Sports Leagues on a reimbursement of expenses basis and with a max total donation amount specified by City Council each fiscal year.
Additionally, organizations requesting donations must make a yearly request to City Council in order to receive funds.
General Business 6c
June 5, 2025
Mike Pitcock, City Manager
City Council Staff Report
Motion: Approve a Regional Solid Waste Disposal Plan Memorandum of Understanding between Stanislaus County and the City of Waterford and Authorizing the City Manager to Execute the MOU.
SUMMARY:
The City Council is being asked to enter into a Regional Solid Waste Disposal Plan Memorandum of Understanding (MOU). The MOU identifies the term and price for using the Fink Road landfill for solid waste needs.
ANALYSIS:
Pursuant to Public Resources Code section 40976 the County and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford entered into a Memorandum of Understanding, dated August 26, 1994, regarding the use and distribution of AB-939 funds to achieve the waste reduction and diversion goals specified in AB- 939 (the "AB-939 MOU"). In December 1999, the County and the Cities entered into Amendment No. 1 of the AB-939 MOU to provide for payment of the Cities' proportional share of the costs for services provided by the County pursuant to AB-939. In March 2012, the City of Waterford, executed Amendment No. 2 to the AB-939 MOU, establishing Waterford’s obligation to pay their proportional share of the costs for services provided by the County pursuant to AB-939.
In Jume 2001, the County, together with the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford formed the Stanislaus County Regional Solid Waste Planning Agency by entering into a Joint Powers Agreement in June 2001, and the formation of the Regional Agency was approved by the California Integrated Waste Management Board in July 2002. The Regional Agency was formed to enable participating entities to share diversion credits and to prepare a single, unified planning document for the entire region. In June 2015, the Cities comprising of the Regional Agency entered into agreements establishing a Regional Solid Waste Disposal Plan, which provides for the delivery of acceptable solid waste to the Waste-to-Energy Facility and the Fink Road Landfill, and which agreements are set to expire on June 30, 2025.
In December 2024, the Waste-to-Energy Facility ceased operations, resulting in the need for the Fink Road Landfill to receive an increased portion of the countywide acceptable solid waste. The purpose of this Agreement is to enable members of the Regional Agency to implement a Regional Solid Waste Disposal Plan (the "Plan") that supports the continued operation of the Fink Road by ensuring the delivery of sufficient solid waste to the facility to maintain their economic viability, and to provide regional AB 939 and Household Hazardous Waste services. The Plan, as set forth in the Agreement includes a ten (10) year commitment from the Regional Agency Cities to guarantee the delivery of a portion of their solid waste to the Landfill and sets worth the tipping fees.
FISCAL IMPACT:
i. Tip Fee: $39.14 per ton.
ii. Household Hazardous Waste Program Fee: $2.45 per ton. iii. AB-939 Program Fees: $1.79 per ton.
ENVIRONMENTAL REVIEW:
The City finds and determines with certainty that the agreement for the distribution of Measure L funds is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), as the activity is covered under the general rule that CEQA applies to only projects which have the potential for causing a significant effect on the environment.
ALTERNATIVES:
1. Not approve the MOU. Staff does not recommend this as being in the Regional Agency provides not only access to the Fink Road landfill, but the County takes care of all state reporting and provides for continued local Household Hazardous Waste events.
ATTACHMENTS:
• Regional Solid Waste Disposal Plan MOU
1 Solid Waste Delivery MOU City of Waterford
REGIONAL SOLID WASTE DISPOSAL PLAN
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF WATERFORD AND STANISLAUS COUNTY
This Regional Solid Waste Disposal Plan Memorandum of Understanding (the "Agreement") is made and entered into by and between the County of Stanislaus, ("County") and the City of Waterford ("City") on ___________, 2025. City and County may herein be referred to individually as a "Party" and collectively as the "Parties". There are no other parties to this agreement.
RECITALS
WHEREAS, pursuant to Public Resources Code section 40976 the County and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford entered into a Memorandum of Understanding, dated August 26, 1994, regarding the use and distribution of AB-939 funds to achieve the waste reduction and diversion goals specified in AB939 (the "AB-939 MOU"); WHEREAS, on or about December 30, 1999, the County and the above Cities entered into Amendment No. 1 of the AB-939 MOU to provide for payment of the Cities' proportional share of the costs for services provided by the County pursuant to AB-939; WHEREAS, on August 1, 2001, the City of Riverbank, and on March 29, 2012, the City of Waterford, each executed Amendment No. 2 to the AB-939 MOU, establishing each City’s obligation to pay their proportional share of the costs for services provided by the County pursuant to AB939; WHEREAS, revenues to fund the AB-939 and Household Hazardous Waste services provided by the County is proposed to be derived, in part, from tipping fees collected from the Fink Road Landfill;
WHEREAS, the County, together with the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford formed the Stanislaus County Regional Solid Waste Planning Agency (hereinafter referred to as "Regional Agency") by entering into a Joint Powers Agreement on June 19, 2001, and the formation of the Regional Agency was approved by the California Integrated Waste Management Board on July 9, 2002.
WHEREAS, the Regional Agency was formed to enable participating entities to share diversion credits and to prepare a single, unified planning document for the entire region; WHEREAS, on or about June 30, 2015, the Cities comprising of the Regional Agency entered into agreements establishing a Regional Solid Waste Disposal Plan, which provides for the delivery of acceptable solid waste to the Waste-to-Energy Facility and the Fink Road Landfill, and which agreements are set to expire on June 30, 2025.
WHEREAS, on December 2, 2024, the Waste-to-Energy Facility ceased operations, resulting in the need for the Fink Road Landfill to receive an increased portion of the countywide acceptable solid waste.
WHEREAS, the purpose of this Agreement is to enable members of the Regional 2 Solid Waste Delivery MOU City of Waterford
Agency to implement a Regional Solid Waste Disposal Plan (the "Plan") that supports the continued operation of the Fink Road Landfill (hereinafter referred to as "Landfill") by ensuring the delivery of sufficient solid waste to the facility to maintain their economic viability, and to provide regional AB 939 and Household Hazardous Waste services; WHEREAS, the Plan, as set forth in this Agreement and the exhibits incorporated herein, includes a ten (10) year commitment from the Regional Agency Cities to guarantee the delivery of a portion of their solid waste to the Landfill; and NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the Parties hereby agree as follows:
AGREEMENT
1. Incorporation by Reference. The foregoing Recitals are hereby incorporated into and made a part of this Agreement by this reference. Schedule 1 is attached hereto and incorporated herein by this reference and made fully a part of this Agreement.
2. Term. The term of this Agreement ("Term") shall begin on July 01, 2025 (the "Effective Date") and end June 30, 2035 (the "Termination Date"). In the fifth (5th) year of this Agreement, either Party may initiate a reevaluation of the tip fee and/or program fees associated with this Agreement, by providing written notice to the other Party no later than January 1, 2030. Upon such notice, the Parties agree to meet and confer in good faith to amend or renegotiate this Agreement for the purpose of adjusting the Total Disposal Rate based on actual and anticipated future costs.
Term Extension and Termination: If mutually agreed upon by both Parties, this Agreement may be extended up for an additional period of five (5) years. Either Party may opt not to renew by providing written notice of nonrenewal to the other Party no later than ninety (90) days prior to the Agreement’s termination date. A d d i t i o n a l l y , e ither Party may terminate this Agreement by providing 180 days prior written notice to the other Party.
3. City's Guaranteed Delivery of Solid Waste to Fink Road Landfill. a. The Cities shall annually deliver to the Fink Road Landfill no less than the committed percentage of their Acceptable Solid Waste, as set forth in Schedule
1. b. "Acceptable Solid Waste" means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191. Acceptable Solid Waste possess the general characteristics of waste collected and disposed of as part of the normal solid waste collection services in the contracting Cities.
This includes, but is not limited to: all putrescible and nonputrescible solid, semisolid, and liquid wastes, such as garbage, trash, refuse, rubbish, ashes, industrial wastes, demolition, and construction wastes. For the purposes of this Agreement, Acceptable Solid Waste expressly excludes hazardous waste, radioactive waste, medical waste, appliances, tires, sewage sludge, recyclable 3 Solid Waste Delivery MOU City of Waterford
materials, organic materials, and any other materials requiring separate handling or disposal under State law.
4. Tipping Fees.
a. Franchise Hauler Payment Obligation: For the Term of this Agreement, each City's franchise hauler shall be responsible for the payment of the Total Disposal Rate as set forth in Schedule 1.
b. “Total Disposal Rate” means the sum of the tip fee normally charged at the Fink Road Landfill, in addition to any applicable program fees for Household Hazardous Waste and AB 939 related programs.
Tip fee + Household Hazardous Waste fee + AB 939 fee = Total Disposal Rate c. Base Year Rates. The following rates shall apply to all tons of Acceptable Solid Waste delivered to the Fink Road Landfill during the base year of this Agreement.
i. Tip Fee: $39.14 per ton.
ii. Household Hazardous Waste Program Fee: $2.45 per ton. iii. AB-939 Program Fees: $1.79 per ton.
d. Annual Adjustment of Total Disposal Rate. The Total Disposal Rate will be adjusted annually, effective July 1 of each year, to reflect the average annual percentage change in the “Consumer Price Index, Urban Wage Earners and Clerical Workers, All Items, West – Size Class B/C, (December 1996 = 100, not seasonally adjusted – Series ID CWURN400SA0)”, as published by the Bureau of Labor Statistics. The adjustment shall be based on the 12-month period beginning April 1 and ending March 31 each year immediately preceding the adjustment date. The rate may be adjusted upward or downward accordingly. e. Annual Adjustment Cap. Notwithstanding the foregoing, any annual adjust to the Total Disposal Rate shall not exceed five percent (5%) per annum without express written agreement from both Parties.
f. At least sixty (60) days prior to July 1 of each year, the County shall provide written notice to the Cities of the CPI-based adjustment to the Total Disposal Rate to take effect on July 1, along with the corresponding calculations supporting the adjustment.
4 Solid Waste Delivery MOU City of Waterford
5. County’s Obligations. The County agrees to provide and maintain the following programs and services for each contracted City:
i. All AB 939 Program Services as required by law, including but not limited to:
Preparation and submittal of all required State diversion reporting and tracking; ii. Countywide public education and/or outreach;
iii. Administration of the Recycling Market Development Zone; iv. Application for and administration of regional grants, including those for used oil recycling, beverage container recycling, used tire recycling, and tire enforcement;
v. Serve as staff to the Local Task Force on Solid Waste and Regional Solid Waste Planning Agency (Regional Agency);
vi. Monitor proposed solid waste legislative and regulatory changes; and vii. Administration of the County’s Food Processing By-Product Program. b. Household Hazardous Waste (HHW) Programs, including but not limited to:
6. Default.
i. Conducting a minimum of two (2) mobile HHW collection events annually for each Regional Agency City, with the exception of Ceres ii. Provide access to the permanent Household Hazardous Waste Facility for the collection of e-waste, used oil, oil filters, paints, pesticides, batteries, sharps, medications, and other miscellaneous household chemicals from Countywide residents;
iii. Provide access to the permanent Household Hazardous Waste Facility for the collection of hazardous waste generated by qualified and approved Conditionally Exempt Small Quantity Generators’ Countywide; and
iv. Countywide public education and/or outreach.
a. Cure. In the event that either Party fails to perform any obligation pursuant to the terms and conditions of this Agreement, the non-breaching Party shall provide the breaching Party with written notice specifying the nature of the nonperformance. The breaching Party shall have thirty (30) days from the date of such notice to cure the non-performance. If the breach is not cured within that period, the non-breaching Party may pursue any and all legal or equitable remedies available under this Agreement and applicable law. 5 Solid Waste Delivery MOU City of Waterford
b. Failure to give Notice. Failure to give, or delay in giving, Notice of Default shall not constitute a waiver of any obligation, requirement, or covenant required to be performed hereunder. Except as otherwise expressly provided in this Agreement, any failure or delay by either Party in asserting any rights and remedies as to any breach shall not operate as a waiver of any breach or of any such rights or remedies. Delay by either Party in asserting any of its rights and remedies shall not deprive such Party of the right to institute and maintain any action or proceeding which it may deem appropriate to protect, assert or enforce any such rights or remedies.
c. Waiver of Default. Waiver of any default by either Party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
7. Attorney Fees. In the event that a Party commences litigation to enforce the performance of this Agreement, the prevailing Party shall be entitled to recover its reasonable costs of litigation, including court costs, expert witness fees, and reasonable attorney’s fees.
8. Severability. In the event that any provision of this Agreement or application thereof is found to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction of if found in contravention of any federal, state, or county statute, ordinance, or regulation, the remaining provisions shall remain in full force and effect. The Parties agree to negotiate in good faith amend, modify, or supplement this Agreement or take such other appropriate actions as necessary to reflect their original intent as closely as possible and to ensure the continued enforceability of the Agreement to the fullest extent permitted by law.
9. Necessary Acts. The Parties hereby authorize their respective officers and employees to do all things reasonably necessary to accomplish the purposes of this Agreement.
10. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between any of the Parties herein with respect to the subject matter hereof and contains all the agreements between the parties with respect to such matter. Each Party acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
11. Amendment. This Agreement may be modified, amended, or otherwise changed only by the mutual written consent of the Parties. Any such modification must be in writing, executed by both the City and the County with the same formalities as this Agreement, and attached hereto to maintain continuity. No oral agreement or directive, whether from or between either Party or their representatives, shall operate to amend or alter the terms of this Agreement.
6 Solid Waste Delivery MOU City of Waterford
12. Duplicate Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart, executed telecopy, fax or photocopy shall be deemed to be an original instrument, but all of which together shall constitute one and the same Agreement.
13. Legal Requirements. The Parties shall comply with all applicable federal, state, and local laws, ordinances, regulations, and requirements in the performance of their respective obligations in performance under this Agreement.
14. Force Majeure. Except as otherwise expressly provided in this Agreement, if the performance of any act required to be performed by either County or City is prevented or delayed or made impracticable by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, Change in Law or regulations, or any other cause (except financial inability) not the fault of the Party required to perform the act, the time for performance of the act will either be extended for a period equivalent to the period of delay or performance of the act may be excused.
a. “Change in Law’’ as used herein means the enactment, promulgation, amendment or official interpretation or reinterpretation by any order, decision or judgment of any federal, state or local court, administrative agency or governmental body after the Effective Date of (i) any federal statute or regulation not enacted, promulgated, amended, interpreted or reinterpreted on or before the Effective Date, as applicable, or (ii) any state, County or City statute, ordinance, or regulation that was not so enacted, promulgated, amended, interpreted or reinterpreted on or before the Effective Date, as applicable, or establishes requirements making the ownership, operation or maintenance of the Landfill more burdensome than the most stringent requirements (iii) in effect as of the Effective Date, (iv) agreed to in any applications of the County for official permits, licenses, or approvals, or (v) contained in any official permits, licenses, or approvals with respect to the Landfill obtained as of the Effective Date; provided that a lawful change in federal, State, County, City, or any other tax law shall not be a Change in Law.
b. In the event of a change in federal, state, or local law, regulation, or regulatory interpretation that materially affects operations of the Fink Road Landfill, the Parties agree to meet and confer in good faith to amend or renegotiate this Agreement as necessary to effectuate the original intent and purpose of this Agreement, as stated above.
c. If there is a Change in Law that materially affects the requirements for the Cities regarding the reuse, recycling, composting or any other form of diversion of solid waste from disposal, including, but not limited to an increase in the percentage of solid waste required to be diverted, as well as changes to applicable diversion credits, the Parties hereto agree to act in good faith to amend or renegotiate this Agreement.
d. The Party whose performance under this Agreement is materially affected by a Change in Law pursuant to this Section shall provide written notice to the other Party within thirty (30) calendar days of becoming aware of the conditions 7 Solid Waste Delivery MOU City of Waterford
impacting performance. Such notice shall describe the nature of the Change in Law and the manner in which it materially affects the Party’s ability to perform under this Agreement.
Upon receiving notice pursuant to this Section, the Parties will have one hundred eighty (180) days to renegotiate this Agreement. If the Parties do not agree that a Change in Law materially affects performance of this Agreement pursuant to this Section, then either Party may request binding mediation, to be paid equally by both Parties, to determine whether the Change in Law is material. Either Party may terminate the Agreement upon three ( 3 ) days written notice if it is determined that a material Change in Law has occurred, and the Parties do not renegotiate the Agreement within one hundred eighty (180) days.
15. Venue. The laws of the State of California shall apply to the construction and enforcement of this Agreement. Any action at law, suit in equity, or judicial proceedings for the enforcement of this Agreement or any provision hereto shall be in the Superior Court of Stanislaus County.
16. Notices. All notices permitted or required by this Agreement or by law to be served on or given to either Party hereto by the other Party, shall be in writing and shall be effective when personally delivered to the Party to whom it is directed, or in lieu of personal service, when deposited in the United States mail addressed as follows, or any other address designated by the Party:
To: County of Stanislaus:
Department of Environmental Resources
3800 Cornucopia Way, Suite C
Modesto, CA 95358
Attn: Robert Kostlivy
To: City of Waterford:
Michael Pitcock, City Manager
City Manager’s Office
101 E Street
Waterford, CA 95386
17. Indemnification.
a. County shall indemnify, defend and hold harmless the Cities, their officers, board members, employees and agents, from any and all claims, damages, losses, liabilities, judgments, expenses, and costs arising out of, or resulting from the negligent acts, omissions, or willful misconduct of the County arising out of its performance of the programs and services described in paragraph 5 of this Agreement. above.
b. Cities shall indemnify, defend and hold harmless the County, its officers, board members, employees and agents, from any and all claims, damages, losses, liabilities, judgments, expenses, and costs arising out of, or resulting from the negligent acts, omissions, or willful misconduct of the Cities arising out of and/or 8 Solid Waste Delivery MOU City of Waterford
relating to their performance under this Agreement.
18. Insurance. The Parties shall maintain their own liability insurance coverage, against any claim of civil liability arising out of the performance of this MOU, and provide appropriate evidence of such coverage of the other Party upon request.
19. Construction. Headings or captions to the provisions of this Agreement are solely for the convenience of the Parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both Parties had in fact drafted this Agreement.
20. Authorized Signature. The individual signing this Agreement (“Signatory”) represents and warrants that he or she is duly authorized and has legal capacity to execute this Agreement. Signatory represents and warrants that the execution and delivery of the Agreement and the performance of Consultant’s obligations hereunder has been duly authorized, and that the Agreement is a valid and legal agreement binding on Consultant and enforceable in accordance with its terms.
21. Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute but one and the same instrument. Each Party agrees that this Agreement and any other documents to be delivered in connection herewith may be digitally or electronically signed, and that any digital or electronic signatures (including PDF or facsimile) appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
Signatures on Following Page
9 Solid Waste Delivery MOU City of Waterford
COUNTY OF STANISLAUS
By:______________________________________
Matthew W. Condit
Chairman
Date Signed:_____________
CITY OF WATERFORD
By:______________________________________
Michael G. Pitcock
City Manager
Date Signed:_____________
ATTEST:
By: ______________________________________
Elizabeth King,
Clerk of the Board of Supervisors
Of the County of Stanislaus, State of California
ATTEST:
By: _____________________________________
Patricia Krause, CMC
City Clerk / Administrative Services Director
APPROVED AS TO CONTENT
Department of Environmental Resources
By: ______________________________________
Robert Kostlivy
Director
APPROVED AS TO FORM
By: _____________________________________
Corbet Browning
City Attorney
APPROVED AS TO FORM
Thomas E. Boze, County Counsel
By: ______________________________________
Thomas E. Boze, County Counsel
Deputy County Counsel
[SEE NEXT PAGE FOR REMAINING SIGNATURES]
10 Solid Waste Delivery MOU City of Waterford
SCHEDULE 1
SOLID WASTE TONNAGE GUARANTEE
CITY GUARANTEED PERCENTAGE1
CERES 90%
HUGHSON 90%
NEWMAN 90%
OAKDALE 90%
PATTERSON 90%
RIVERBANK 90%
TURLOCK 90%
WATERFORD 90%
TOTAL DISPOSAL RATES (per ton)2
Fiscal Year Fink Road Landfill
2025/2026 $43.38
(1) Percentage of total Acceptable Solid Waste under the City's jurisdictional authority.
(2) Total Disposal Rate to be adjusted annually, effective July 1 each year, by agreed upon CPI. Consumer Price Index, Urban Wage Earners and Clerical Workers, All Items, West – Size Class B/C, (December 1996 = 100, not seasonally adjusted – Series ID CWURN400SA0)
General Business 6d
June 5, 2025
Mike Pitcock, City Manager
City Council Staff Report
Motion: Approve the Purchase of 2.12 acres of vacant land at the NE corner of Tim Bell and Vineyard in the amount of $412,000 plus ½ of closing costs for a future Water System Storage Tank, Sewer Lift Station and Potable Well.
SUMMARY:
The City Council is being asked to enter into a purchase and sale agreement between Ben A. Ward and Carol S. Ward, Trustees of the B & C Ward 2004 Revocable Trust and the City of Waterford for the purchase of 2.12 acres of vacant land at the NE corner of Tim Bell and Vineyard in the amount of $412,000 plus ½ of closing costs for a future water system storage tank, sewer lift station and potable well
ANALYSIS:
Staff, in support of the development of the Lake Pointe Master Plan area, has identified the NE corner of Tim Bell and Vineyard as the most appropriate location to access existing sewer and water infrastructure. Engineering staff has identified a need for 2.12 acres of land to support a new 1.5- million-gallon water tank, new well, new sewer lift station and a point of connection to treated surface water if an agreement can be reached with the City of Modesto and Modesto Irrigation District.
Staff worked with the property owner and came to an agreed price of $200,000 per acre plus half the closing costs and a third party realtor of the city’s choice determined the price per acre was market rate for the Lake Pointe zoning.
FISCAL IMPACT:
The purchase price of $412,000 plus half of the closing costs in included in the FY 2024/25 budget under line item 5075-800-8022.
ENVIRONMENTAL REVIEW:
The City finds and determines with certainty that the agreement for the distribution of Measure L funds is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), as the activity is covered under the general rule that CEQA applies to only projects which have the potential for causing a significant effect on the environment. Future capital improvement projects will be required to follow CEQA guidelines.
ALTERNATIVES:
1. Not approve the purchase and sale agreement. Staff does not recommend this as the site is perfectly located to support water and sewer infrastructure point of connection to the Lake Pointe Master Plan area.
ATTACHMENTS:
• Regional Solid Waste Disposal Plan MOU
Informational Items 8
June 5, 2025
Patricia Krause, City Clerk / Administrative Services Director 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
8b: GoGov Report
Streets
Name Owner Priority Estimated Cost Update
Yosemite Ave. Pedestrian Project (Caltrans) Michael Pitcock Lonnie Statzer High $6,000,000 (SHOPP) Complete
F Street Overlay Michael Pitcock
Lonnie Statzer High $1,500,000 (Measure L) Complete
F Street Improvements at Western Michael Pitcock
Lonnie Statzer High $300,000 (STBG and CMAQ) Complete
Dorsey, Pecan and Western Pedestrian and Roadway Improvements Michael Pitcock Lonnie Statzer High $300,000 (CDBG) Complete
Yosemite Pedestrian Improvements Reinway to Eucalyptus Michael Pitcock Lonnie Statzer High $946,000 (ATP) Awarded by Council
Yosemite at Pasadena Signal Improvements Michael Pitcock Lonnie Statzer High $600,000 (CMAQ) Awarded by Council
Skyline Road Improvements Michael Pitcock
Lonnie Statzer High $450,000 (STBG) Complete
Tim Bell Pedestrian Improvements Michael Pitcock
Lonnie Statzer High $1,993,000 (ATP) Grant was approved/awarded to Waterford Housing Development
Name Owner Priority Estimated Cost Update
Bentley Estates Michael Pitcock High NA Property was listed for sale.
Reinway North of Moon School Annexation Michael Pitcock High NA Application received. The developer is looking at a potential 95 homes
Waterstone A Michael Pitcock High NA Final Map Approved Waterstone C Michael Pitcock High NA Tentative Map Approved. Fifty Two Single Family Homes.
Waterstone D Michael Pitcock High NA In Discussions with Developer Waterstone E Michael Pitcock High NA In Discussions with Developer Moe Jawad Michael Pitcock High NA Planning Commission Approved. Council to hear item in July
City Projects
Lake Pointe Michael Pitcock High NA In Discussions with Developer Economic Development
Name Owner Priority Estimated Cost Update
F St and Yosemite Fuel Station Michael Pitcock High N/A Open E Street Public Storage Michael Pitcock High N/A In Construction Facilities / Property
Name Owner Priority Estimated Cost Update
ADA Transition Plan Implementation Lonnie Statzer Low Varies Ongoing Local Hazardous Mitigation Plan Update Lonnie Statzer Low N/A Complete Council Chambers Equipment Upgrade Patricia Krause High $52,000 Complete 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.
Complete
Utilities
Name Owner Priority Estimated Cost Update
Sewer Rate Study Michael Pitcock
Lonnie Statzer High $40,000 Completed
WWTP Biosolids Screening Upgrade - Self Help Enterprises Grant
Michael Pitcock
Lonnie Statzer High $500,000 Unfunded Completed
Water System Consolidation - Hickman Michael Pitcock
Lonnie Statzer High $3,000,000 Unfunded Grant Application submitted. State delayed decision/funding until July 2025.
Biosolids Removal 2024 Michael Pitcock
Lonnie Statzer High $250,000 Complete
Drying Bed Monitoring Well Michael Pitcock
Lonnie Statzer High $50,000 Complete
Tim Bell Water and Sewer Extension to Vineyard Michael Pitcock Lonnie Statzer High $2,500,000 (ARPA) Complete
WWTP Road Repair Michael Pitcock
Lonnie Statzer High $1,100,000 (FEMA) Complete
Parks and Trails
Name Owner Priority Estimated Cost Update
Triangle Parcel - Neighborhood Park Lonnie Statzer Low $133,000 Park Impact Fees On hold (No Funding) S. Reinway Sports Complex Lonnie Statzer Low Unfunded On hold (No Funding) Dog Park (Prop 68 Per Capita Grant) Lonnie Statzer High $250,000 Grant and Park Impact Fees Complete
Beard Park Improvements (Prop 68 Competitive Grant) Lonnie Statzer Low $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 Construction. Waiting for Appliances Other Projects
Name Owner Priority Estimated Cost Update
Adding Cameras at Community Center Lonnie Statzer High Undetermined at this time Complete Request # Topic Status Date Entered Description
131 Graffiti Closed 5/6/2025 Photo attached
132 Water - Other Issue Closed 5/6/2025
Customer water usage doubled this last read that was just done for May billing new meter. Please check and advise customer. Greg Pace (209)725-2778
133 Water leaks Closed 5/7/2025
Customer came in to report leak in front of his property. Says water is leaking down sidewalk, into the street.
Humberto Osorio (209)655-8319 Spanish. Thank you!
134 Water leaks Open 5/8/2025
Resident came in to report water coming up from the road in front of her and neighbors property. She said it has been repaired previously. Ana Acosta (209)499-4922 Spanish 135 Sprinklers / Irrigation - Streets Closed 5/9/2025
Kathy from Joslins Real Estate stated that it looks like a sprinkler may be broken in the landscape area in front of their location. Kathy 209.874-1801. Thanks
136 Water leaks Closed 5/10/2025 leaking water pipe
137 Potholes Closed 5/12/2025
Multiple potholes along Pasadena towards Yosemite Blvd. near McDonalds and Waterford Church of Christ.
The whole block with uneven road surface due to jagged tracks which starts from Pasadena cor. Pecan to Yosemite.
138 Community Center Rentals Open 5/12/2025 GISSELLE ROBLES, 12620 ODEN DRIVE, 2094502008 139 Other Closed 5/12/2025
Resident at 13112 Yosemite Blvd has a cow. Complaintant says the smell is unbearable. Richard Antonucci 13103 Harbor Dr 209.604.5220
140 Overgrown Weeds Closed 5/13/2025 Photo attached
141 Water leaks Closed 5/14/2025
Resident called to report a leak coming up from his water meter. Water is leaking into gutter down onto neighbors
142 Overgrown Weeds Closed 5/14/2025 overgrown field, possible fire hazard. behind terrace view at California auto service 143 Water leaks Open 5/15/2025 Residet states there is a small leak in street/gutter from water line. David Brito 209.312.4563 144 Sewer Closed 5/15/2025
Builder at 329 B st was told to connect to sewer line in alley, but found a 'live' line in the middle of street going towards Main St. Want to know if he can connect to that. Eddie 209.495-3117 145 Sewer Closed 5/15/2025 Benny - 209.735.8645 - asking questions regarding sewer lines (sorry not more detail) 146 Overgrown Weeds Closed 5/16/2025 12325 Chad. Blocking sidewalk 147 Potholes Closed 5/19/2025 sunk trench
148 Traffic Open 5/19/2025
Residebt is angry over the construction on Bonnie Brae, She stated that people "race up and down" the street and almost hit a little girl. She is angry that traffic will get worse with the new subdivision. Stated she has tried to call the PD but never gets an answer.
149 Water - Other Issue Closed 5/19/2025
Customer called in and said his lid to the christie box for his meter is broken. Byron(209)277-4379 Said he wants to drive over it so he can park in his yard.
150 Water leaks Open 5/20/2025 bottom of fire hydrant leaking 151 Water leaks Open 5/20/2025
Walter Wilson called asking for a water leak to be fixed. he says there has been water pooling in front of his house by the drain for a week. (209)606-1549
152 Water leaks Open 5/23/2025
Received a call from resident Jeff (209)596-1841 reporting a leak coming up from the street at C St & Main.
Thank you!