Agenda — Waterford City Council, July 3, 2025 (part 2 of 2)

September 10, 2024
Isaiah Medina
Precision Civil Engineering
Via Email to: [email protected]
Re: Native American Tribal Consultation, Pursuant to the Assembly Bill 52 (AB 52), Amendments to the California Environmental Quality Act (CEQA) (Chapter 532, Statutes of 2014), Public Resources Code Sections 5097.94 (m), 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, Waterford Subdivision Project, Stanislaus County Dear Mr. Medina:

Pursuant to Public Resources Code section 21080.3.1 (c), attached is a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the above-listed project. Please note that the intent of the AB 52 amendments to CEQA is to avoid and/or mitigate impacts to tribal cultural resources, (Pub. Resources Code §21084.3 (a)) (“Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.”) Public Resources Code sections 21080.3.1 and 21084.3(c) require CEQA lead agencies to consult with California Native American tribes that have requested notice from such agencies of proposed projects in the geographic area that are traditionally and culturally affiliated with the tribes on projects for which a Notice of Preparation or Notice of Negative Declaration or Mitigated Negative Declaration has been filed on or after July 1, 2015. Specifically, Public Resources Code section 21080.3.1 (d) provides:

Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to this section.

The AB 52 amendments to CEQA law does not preclude initiating consultation with the tribes that are culturally and traditionally affiliated within your jurisdiction prior to receiving requests for notification of projects in the tribe’s areas of traditional and cultural affiliation. The Native American Heritage Commission (NAHC) recommends, but does not require, early consultation as a best practice to ensure that lead agencies receive sufficient information about cultural resources in a project area to avoid damaging effects to tribal cultural resources.

The NAHC also recommends, but does not require that agencies should also include with their notification letters, information regarding any cultural resources assessment that has been completed on the area of potential effect (APE), such as:

1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to:

CHAIRPERSON
Reginald Pagaling
Chumash

VICE CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki

SECRETARY
Sara Dutschke
Miwok

PARLIAMENTARIAN
Wayne Nelson
Luiseño

COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan

COMMISSIONER
Stanley Rodriguez
Kumeyaay

COMMISSIONER
Laurena Bolden
Serrano

COMMISSIONER
Reid Milanovich
Cahuilla

COMMISSIONER
Bennae Calac
Pauma-Yuima Band of
Luiseño Indians

EXECUTIVE SECRETARY
Raymond C.

Hitchcock
Miwok/Nisenan

NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
RESOLUTION 2025-38

Page 2 of 2 ends

• A listing of any and all known cultural resources that have already been recorded on or adjacent to the APE, such as known archaeological sites;
• Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; • Whether the records search indicates a low, moderate, or high probability that unrecorded cultural resources are located in the APE; and
• If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present.

2. The results of any archaeological inventory survey that was conducted, including:
• Any report that may contain site forms, site significance, and suggested mitigation measures.

All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code section 6254.10.

3. The result of any Sacred Lands File (SLF) check conducted through the Native American Heritage Commission was negative.

4. Any ethnographic studies conducted for any area including all or part of the APE; and

5. Any geotechnical reports regarding all or part of the APE.

Lead agencies should be aware that records maintained by the NAHC and CHRIS are not exhaustive and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource.

This information will aid tribes in determining whether to request formal consultation. In the event that they do, having the information beforehand will help to facilitate the consultation process.

If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance, we can assure that our consultation list remains current.

If you have any questions, please contact me at my email address: [email protected].

Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
RESOLUTION 2025-38
EXHIBIT B – MITIGATION MONIORING AND REPORTING PROGRAM
RESOLUTION 2025-38

INITIAL STUDY / MITIGATED NEGATIVE DECLARATION
December 2024 CITY OF WATERFORD – Waterford 53-Unit Residential Development | 1395 MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM FOR WATERFORD 53-UNIT RESIDENTIAL DEVELOPMENT December 2024
This mitigation measure monitoring and reporting checklist was prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15097 and Section 21081.6 of the Public Resources Code (PRC). The timing of implementing each mitigation measure is identified in the checklist, as well as identifies the entity responsible for verifying that the mitigation measures applied to a Project are performed. Project applicants are responsible for providing evidence that mitigation measures are implemented. As lead agency, the City of Waterford is responsible for verifying that mitigation is performed/completed.

Mitigation Measures Timing of Verification Responsible for Verification Verification of
Completion
Date Initials
Cultural ResourcesCUL-1: In order to avoid the potential for impacts to historic and prehistoric archaeological resources, the following measures shall be implemented, as necessary, in conjunction with the construction of each phase of the Project: a. Cultural Resources Alert on Project Plans. The Project proponent shall note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources. b. Stop Work Near any Discovered Cultural Resources. Should previously unidentified cultural resources be discovered during construction of the Project, the Project proponent shall cease work within 50 feet of the resources, and City of Waterford shall be notified immediately. The Project archaeologist meeting the Secretary of the Interior Professional Qualifications Standards for archeology shall immediately to evaluate the find pursuant to Public Resources Code Section 21083.2. c. Mitigation for Discovered Cultural Resources. If the professional archaeologist determines that any cultural resources exposed during construction constitute a historical resource and/or unique archaeological Prior to issuance of a construction permit
City of Waterford Building Division
RESOLUTION 2025-38

INITIAL STUDY / MITIGATED NEGATIVE DECLARATION
December 2024 CITY OF WATERFORD – Waterford 53-Unit Residential Development | 140 resource, he/she shall notify the Project proponent and other appropriate parties of the evaluation and recommended mitigation measures to mitigate the impact to a less-than-significant level. If the archaeologist and, if applicable, a Native American monitor or other interested tribal representative determine it is appropriate, cultural materials collected from the site shall be processed and analyzed in a laboratory according to standard archaeological procedures. The age of the materials shall be determined using radiocarbon dating and/or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the site(s) shall be evaluated according to the criteria of the California Register of Historical Resources (CRHR) and if applicable, National Register of Historic Places (NRHP). The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition).” Mitigation measures may include avoidance, preservation in-place, recordation, additional archaeological testing and data recovery, among other options. Treatment of any significant cultural resources shall be undertaken with the approval of the City of Waterford. The archaeologist shall document the resources using DPR 523 forms and file said forms with the California Historical Resources Information System, Central California Information Center (CCIC). The resources shall be photo documented and collected by the archaeologist for submittal to the City of Waterford. The archaeologist shall be required to submit to the City of Waterford for review and approval a report of the findings and method of curation or protection of the resources. This report shall be submitted to the CCIC after completion. Recommendations contained therein shall be implemented throughout the remainder of ground disturbance activities. Further grading or site work RESOLUTION 2025-38

INITIAL STUDY / MITIGATED NEGATIVE DECLARATION
December 2024 CITY OF WATERFORD – Waterford 53-Unit Residential Development | 141 within the area of discovery shall not be allowed until the preceding steps have been taken. d. Data Recovery. Should the results of item c. yield resources that meet CRHR significance standards and if the resource cannot be avoided by Project construction, the Project applicant shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final design and approved by the City prior to construction. Any necessary data recovery excavation, conducted to exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI’s PQS for archeology. Data recovery shall be conducted in accordance with a research design reviewed and approved by the City, prepared in advance of fieldwork, and using the appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5, Guidelines for Archaeological Research Design, or the latest edition thereof. If the archaeological resource(s) of concern are Native American in origin, the qualified archaeologist shall confer with the City and local California Native American tribe(s). As applicable, the final Data Recovery reports shall be submitted to the City prior to issuance of any grading or construction permit. Recommendations contained therein shall be implemented throughout all ground disturbance activities. Recommendations may include, but would not be limited to, Cultural Resources Monitoring, and/or measures for unanticipated discoveries. The final report shall be submitted to the CCIC upon completion. e. Disposition of Cultural Resources. Upon coordination with the City of Waterford, any pre-historic archaeological artifacts recovered shall be donated to an appropriate Tribal custodian or a qualified scientific institution where they would be afforded applicable cultural resources laws and guidelines.

RESOLUTION 2025-38

INITIAL STUDY / MITIGATED NEGATIVE DECLARATION
December 2024 CITY OF WATERFORD – Waterford 53-Unit Residential Development | 142 f. Cultural Resources Monitoring. If mitigation measures are recommended by reports written under item c. or d., the Project applicant shall retain a qualified archaeologist to monitor Project-related, ground-disturbing activities which may include the following but not limited to: grubbing, vegetation removal, trenching, grading, and/or excavations. The archaeological monitor shall coordinate with any Native American monitor as required. Monitoring logs must be completed by the archaeologist daily. Cultural resources monitoring may be reduced for the Project if the qualified archaeologist finds it appropriate to reduce the monitoring efforts. Upon completion of ground disturbance for the Project, a final report must be submitted to the City for review and approval documenting the monitoring efforts, cultural resources find, and resource disposition. The final report shall be submitted to the CCIC. Geology and Soils GEO-1: If any paleontological resources are encountered during grounddisturbance activities, all work within 25 feet of the find shall halt until a qualified paleontologist as defined by the Society of Vertebrate Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources (2010), can evaluate the find and make recommendations regarding treatment. Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock. The qualified paleontologist shall contact the Natural History Museum of Los Angeles County or another appropriate facility regarding any discoveries of paleontological resources. If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations, and fossil recovery may be required to mitigate adverse impacts from Project implementation. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, During ground disturbance activities
City of Waterford Planning Division
RESOLUTION 2025-38

INITIAL STUDY / MITIGATED NEGATIVE DECLARATION
December 2024 CITY OF WATERFORD – Waterford 53-Unit Residential Development | 143 avoidance is not necessary. If the resources are significant, they shall be avoided to ensure no adverse effects or such effects must be mitigated. Construction in that area shall not resume until the resource-appropriate measures are recommended or the materials are determined to be less than significant. If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in an accredited and permanent scientific institution. Copies of all correspondence and reports shall be submitted to the City of Waterford, Planning Division.Tribal Cultural Resources See Cultural Resources

RESOLUTION 2025-38

Page 1 of 5 ends

ORDINANCE NO. 2025-03

AN ORDINANCE OF THE CITY OF WATERFORD CITY COUNCIL
APPROVING AND ADOPTING REZONE NO. 2024-02 AMENDING PLANNED COMMUNITY NO. 01-06 (PC #01-06) REZONING 3.61± ACRES; AS TO ASSESSOR PARCEL NUMBER 080-045-023
WHEREAS, the City of Waterford is authorized by Title 17 Chapter 17.77, to initiate a rezone whenever public necessity and convenience and the general welfare require such amendment; and
WHEREAS, the City of Waterford Planning Commission conducted a Public Hearing on March 25, 2025 and April 22, 2025 to consider the proposed Rezone amending PC No. 01-06 (PC #01-06).

WHEREAS, the City Council for the City of Waterford has made the following findings for adoption.

1. An application has been received from Mr. Moe Jawad with a proposal to subdivide approximately 3.61± acres into fifty-three (53) single-family residential lots on property assigned the following Assessor Parcel Number: 080-045-023; and,

2. The project site is currently zoned Planned Community 01-06 (PC #01-06) and has a General Plan Land Use Designation of Multi-Family Residential (MF); and

3. The applicant is proposing to rezone the subject property to amend Planned Community 01-06 (PC #01-06); and

4. Notice of the public hearing on the proposed Rezone was published in the Waterford News, a newspaper of general circulation, on June 24, 2025; and

5. Notice of the public hearing on the proposed Rezone were mailed to all property owners affected by this action on June 24, 2025; and

6. Notices of the public hearing on the proposed Rezone were mailed to all property owners within 300-feet of the property, according the most recent assessor’s roll, on June 24, 2025; and

7. The City finds that pursuant to the California Environmental Quality Act (CEQA), the Lead Agency (Waterford) has prepared an Initial Study and concludes that the Proposed Project is within the scope of the previously certified City of Waterford Vision 2025 General Plan Environmental Impact Report, and in accordance with Section 15074 of the CEQA Guidelines, a Mitigated Negative Declaration has been prepared and considered.

ORDINANCE 2025-03

Page 2 of 5 ends

WHEREAS, a public hearing was held on July 3, 2025 and all comments were heard and considered by the City Council.

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

SECTION 1. ZONING MAP. The Zoning Map of the City of Waterford is hereby amended in the area described in Exhibit A attached hereto and by reference incorporated herein, to provide for the approval of a specific plan for Development to continue to be known as PLANNED COMMUNITY 01-06 (PC #01-06), an amendment to 3.61± acres, APN 080-045-023.

SECTION 2. FINDINGS. The approval of this ordinance is based on the following findings and determinations:

A. The Planning Commission, on April 22, 2025, held a noticed public hearing and made its written recommendation to the City Council to approve the rezone and amendment to Planned Community 01-06 (PC #01-06).

B. The proposed rezoning is consistent with the goals, policies, and implementation measures and Multi-Family Residential (MF) land use of the City of Waterford Vision 2025 General Plan.

C. A noticed Public Hearing before the City Council was given in the form and manner required by State statute and the Waterford Municipal Code.

SECTION 3. CONDITIONS. The development is subject to the conditions and standards adopted in the City’s Vision 2025 General Plan for development which includes the following terms and conditions:

SECTION 4. The Zoning Map of the City of Waterford, which is attached as part of Title 17 of the City Code, is hereby amended, and from and after the effective date of the Ordinance, the real property illustrated in Exhibit A hereof shall continue to be referred to and described on said zoning map of the City of Waterford as Planned Community 01-06 (PC #01-06).

A. Approval of Rezone amending Planned Community No. 01-06 authorizes a 53-lot single-family residential development shall expire within two years from the date of the approval by the City Council unless acted upon or the applicant or property owner obtains a time extension for the subdivision map.

SECTION 5. DEVELOPMENT STANDARDS. The following development standards are hereby associated with Planned Community 01-06 (PC #01-06):

ORDINANCE 2025-03

Page 3 of 5 ends

Development Standard
Amended Planned
Community 01-06
Lot Dimensions
Lot Size (Minimum) 1,500 square feet
Lot Width (Minimum)
Interior – 25-feet
Corner – 25-feet
Lot Coverage (Maximum) 65%
Setbacks (Minimum)
Front 5-feet
Rear 5-feet
Side
Interior – 0-feet
Corner – 5-feet
SECTION 6. AUTHORITY. This ordinance is adopted pursuant to the authority granted by the California Constitution and State law.

SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8. To the extent the provisions of the Waterford Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.

SECTION 9. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of adoption and shall post a certified copy of this Ordinance, including the vote for and against same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

SECTION 10. ENACTMENT: Prior to the expiration of fifteen (15) days from the passage and adoption thereof, this ordinance shall be published in a newspaper of general circulation printed and published in the County of Stanislaus, State of California, together with names of the members of the City Council voting for and against the same.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Waterford this 3rd day of July, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ORDINANCE 2025-03

Page 4 of 5 ends

CITY OF WATERFORD
_______________________
CHARLIE GOEKIN, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
CORBETT J. BROWNING
City Clerk City Attorney
ORDINANCE 2025-03

Page 5 of 5 ends

EXHIBIT A
AMENDED PLANNED COMMUNITY 01-06 (PC #01-06)
ORDINANCE 2025-03

WATERFORD CITY COUNCIL
RESOLUTION NO. 2025-39

A RESOLUTION OF THE CITY OF WATERFORD CITY

COUNCIL APPROVING A VESTING TENTATIVE
SUBDIVISION MAP NO. 2024-01 (VTSM 2024-01);
LOCATED ON 199 SOUTH PASADENA AVENUE,
WATERFORD, CA ASSESSOR PARCEL NUMBER 080-045-
023
WHEREAS, a request has been submitted by Mr. Moe Jawad (3319 M Street, Merced, CA 95348) as to Assessor Parcel Number 080-045-023 to subdivide 3.61± acres into fifty-three (53) residential lots located on S. Pasadena Avenue and Washington Road. The project will connect to the City of Waterford sewer, water and storm drain services. The project site is designated by the City’s Vision 2025 General Plan as Multi-Family (MF) and is currently zoned Planned Community No. 01-06 (PC #01-06); and
WHEREAS, said Vesting Tentative Subdivision Map was received in the office of the Secretary of the Planning Commission on February 26, 2024, and was accepted for filing and deemed complete on November 13, 2024, in accordance with the provisions of Title 16: Subdivisions of the Waterford Municipal Code; and
WHEREAS, copies of said Vesting Tentative Subdivision Map have been sent to the Waterford Unified School District, Modesto Irrigation District, the local utility companies, and City Departments; and
WHEREAS, the Planning Commission has considered an Initial Study, which concluded that the proposed Vesting Tentative Subdivision Map is within the scope of the previously certified City of Waterford Vision 2025 General Plan Environmental Impact Report, and in accordance with Section 15074 of the CEQA Guidelines, a Mitigated Negative Declaration (SCH No. 2024120891) has been prepared and considered; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 25, 2025 and April 22, 2025, and recommended that the City Council approve VTSM 2024-01; and WHEREAS, the notice of the regular public hearing on the proposed Rezone, VTSM and ASPR was published in the Waterford News, a newspaper of general circulation, on June 24, 2025; and WHEREAS, notices of the special public hearing on the proposed Rezone, VTSM and ASPR were mailed to all property owners within 300-feet of the property, according to the most recent Assessor’s roll, on June 24, 2025; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

RESOLUTION 2025-39
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Waterford makes the following findings and determinations:

1. The proposed Vesting Tentative Subdivision Map, together with the provisions for its design and improvements, and subject to the conditions is consistent with the Vision 2025 General Plan and the Subdivision Map Act of the State of California.

2. The discharge of waste as a result of the proposed subdivision into the existing sewer system will not result in a violation of existing requirements by the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code of the State of California.

3. As per Sections 15182 and 15162 of the California Environmental Quality Act ("CEQA") Guidelines, this Project is within the scope of the projects covered by the Vision 2025 General Plan EIR.

4. Based on the project’s Initial Study, a Mitigated Negative Declaration (SCH No. 2024120891) has been prepared for the project and it has been determined that the Proposed Project will not have a significant environmental effect and no mitigation measures are required in accordance with the California Environmental Quality Act (CEQA).

5. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The Planning Commission of the City of Waterford hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

NOW, THEREFORE BE IT FURTHER RESOLVED BY THE WATERFORD CITY COUNCIL that it approves Vesting Tentative Subdivision Map No. 2024-01 (VTSM 2024-01), subject to the following conditions:

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 polices not so listed.

2. Approval is limited to the conformance of the land use and zoning designations. Use of the property shall be limited to those permitted in the Planned Community (PC) zoning district as applicable, as it exists now or may be amended in the future.

RESOLUTION 2025-39

3. The VTSM shall expire by: July 3, 2027 unless a building permit is issued, or a request for an extension is received by the City prior to the expiration of the VTSM and approved by the Planning Commission.

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

Conditions of Approval
Planning Department

1. Prior to the issuance of a Final Map, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning Department and Public Works Department: 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.

2. Development shall conform to the map designated by the City Planning Department as Exhibit A. Exhibit A shall consist of the submitted map amended by the applicant to reflect any changes indicated above in the Project Specific Conditions or required by the City in the approval process. The applicant shall submit any required amended maps to the Planning Department within 90 days of project approval. Failure to submit the amended map will result in a delay in processing and/or approval of the final map.

3. 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.

4. The Planning Department may approve minor amendments to the 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.

5. Approval of this VTSM shall not be valid until such time the Waterford City Council has approved an Ordinance rezoning the Project site thereby amending PC 01-06.

6. Any plans associated with the 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, Zoning Ordinance, and Specific Plan (if applicable). Violation of any provision(s) may RESOLUTION 2025-39
result in Code Enforcement action, which may include revocation of permit and/or monetary penalties.

7. 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.

8. The final map shall be in substantial compliance to the approved VTSM 2024-01 and the development shall be consistent with applicable section of the General Plan and Zoning Ordinance.

9. Prior to the approval and recordation of the Project’s Final Map, the applicant shall annex the Project into Community Facilities District No. 2019-01.

10. Consistent with the development standards of Planning Community (PC) No. 01-06, lots developed within the Project shall contain the following development standards:

Development Standard Amended PC 01-06
Lot Dimensions
Lot Size (Minimum) 1,500 square feet
Lot Width (Minimum) Interior – 25 feet
Corner – 25 feet
Lot Coverage (Maximum) 65%
Setbacks (Minimum)
Front 5 feet
Rear 5 feet
Side Interior – 0 feet
Corner – 5 feet

11. Perimeter wall treatment for the project shall consist of the following: CMU decorative masonry wall, six (6) feet in height, along the project’s frontage on Washington Road and where the project site abuts land designated for commercial uses. A 6-foot “good neighbor” fence where the project abuts existing and or planned residential uses to the east and west.

12. The developer shall enter into a subdivision improvement agreement prior to the recordation of the final map. The subdivision improvement agreement shall be reviewed and approved by the City Attorney and Waterford City Council prior to the recordation and acceptance of the Final Map.

13. 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 RESOLUTION 2025-39
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.

14. Prior to recordation of the Final Map, the entrances along Washington Road and Pasadena Avenue shall be gated.

15. The entrances along Washington Road and Pasadena Avenue shall provide full access into and out of the residential subdivision.

16. Prior to the issuance of the 1st Building Permit, the applicant shall establish a Home Owner’s Association (HOA) and furnish evidence acceptable to City Staff. The HOA shall be responsible for long-term maintenance associated with: project streets and driveways, sidewalks, landscaping, street lights, the drainage basin and pump station, entry gates, and perimeter fencing.

Building Department

1. Approval of the VTSM 2024-01 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 issuance of any required permits.

2. Prior to the issuance of Building Permits, the applicant shall provide written proof that the applicable Waterford School District fees have been paid.

3. Prior to the issuance of a Building Permit, the applicant shall pay the applicable Stanislaus County Public Facilities Fee.

4. Prior to the issuance of a Building Permit, the applicant shall pay the applicable Stanislaus Consolidated Fire Protection District Capital Facilities Fee.

5. 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.

6. A sprinkler system shall be required for any construction. The applicant shall mark the location of fire walls on the exterior of the building in a manner approved by the Building Department.

7. 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. All required structures such as walls, fences, drainage facilities, water mains, sewer lines and streetlights shall be shown on the plans along with RESOLUTION 2025-39
curb, gutter, sidewalk, edge of pavement and utilities. All existing structures not shown on the tentative map or shown as “to be removed” shall be removed prior to the recording of the final map.

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.

All structures such as walls, fences, drainage facilities, water mains and streetlights shall be shown on the plan.

3. Encroachment permits shall be required for all work within the current and proposed public right-of-way. Any work done in the current and proposed 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.

4. Lighting: The lighting system shall be designed to best serve the area and to minimize the length of service runs from the points of connection to the streetlights. All lighting shall be installed according to current City Standards.

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

6. Appropriate dust control shall be provided at the contractor’s expense to minimize any dust nuisance and shall be in accordance with Section 10 of Caltrans standard specifications.

7. The developer shall be responsible for all work performed by contractors or subcontractors.

8. 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.

9. Materials testing required by the City Engineer for work shall be provided by the Developer and submitted to the City Engineer for approval. All costs associated with material testing shall be at the Developer’s expense.

10. Prior to final acceptance of the improvements, the developer shall provide a set of “as-built” drawings to the City Engineer. These drawings shall be in black ink on Mylar, meeting the requirements of Sections 66434 of the Subdivision Map Act.

11. No permanent structures or obstructions shall be constructed on any easement.

Streets:

12. A Public Utility Easement shall be provided over all Private streets to allow City utilities.

RESOLUTION 2025-39

13. Public streets shall be built to City of Waterford Standards in accordance with Waterford Municipal Codes Title 16 and Title 17 and the Waterford General Plan.

14. The developer shall improve all existing streets bordering the proposed development as shown in the City’s Standards. Washington Road and Pasadena Avenue shall have an ultimate ROW width of 60-feet. Existing streets shall have a Type II slurry seal placed across the frontage of the project (curb to curb) after trenching and surface improvements are completed.

15. A ten (10) foot wide Public Utility Easement shall be provided on all public street frontages.

16. 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.

17. Street survey monuments and covers shall be placed on the centerline of each street at all intersections, beginnings and ends of curves, changes of direction, and other locations as directed by the City Engineer.

18. Curb ramps shall be constructed at all intersections and shall comply with Section 2-7103 in the current edition of the State Building Code and the Americans with Disabilities Act (ADA).

19. 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.

Water:

20. Individual water services shall be provided to each parcel from the public water main in all streets.

21. Provide a looped water system, a minimum of two connections to the City water system are required throughout all phases.

22. Provide locations of all water valves and fire hydrants within the development. All water valves and fire hydrants shall have a maximum spacing in accordance with the current City Design Standards.

Sanitary Sewer:

23. A sewer service shall be installed by the developer to each lot and shall be sized to carry the quantity of sewage which will be discharged from the service area with a minimum design flow of 300 gallons/day plus infiltration. For the purpose of sewer capacity calculations, a peaking factor of 2.5 shall be used. 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. Sewers within 100 feet of RESOLUTION 2025-39
domestic wells shall be cast iron or ductile iron. All sewer mains shall extend to the center of property frontage. Sewer mains shall be designed according to current City Standards.

24. Single family residential properties shall be served by 4-inch sewer service laterals. Other uses such as commercial and multi-family residential uses shall install laterals according to City Standard and to the satisfaction of the City Engineer.

Storm Drainage:

25. Project design and construction shall be in compliance with the State Water Resources Control Board’s Phase II MS4 permit and Stanislaus County Post-Construction Standards.

26. All storm drainage improvements shall be designed in accordance with the design criteria set forth in Chapter 4 of the Stanislaus County Standards and Specifications.

27. All storm drainage improvements shall be retained onsite per the approved layout. Basin calculations shall be updated with infiltration and percolations rates established by the geotechnical engineer.

Stanislaus County Department of Environmental Resources (DER):

1. Existing on-site well and/or septic tank shall be destroyed under permit from DER and in accordance with all laws and policies (Stanislaus County and California State Model Well Standards).

2. A “will serve” letter is required if the sewer service will be provided by City of Waterford.

Modesto Irrigation District:

1. The Developer and/or Project Proponent shall comply with the Modesto Irrigation District letter, dated March 12, 2025. A copy of this letter can be obtained from the City’s Planning Department.

San Joaquin Valley Air Pollution Control District:

1. The Developer and/or Project Proponent shall comply with the San Joaquin Valley Air Pollution Control District letter, dated April 8, 2024. A copy of said letter can be obtained from the City’s Planning Department.

CEQA Mitigation Measures:

1. The Developer and/or Project Proponent shall comply with the Mitigation Monitoring/Reporting Program (MMRP), dated December 2024, prepared for the Residential Subdivisions Mitigated Negative Declaration. A copy of the MMRP is on file with the Waterford Planning Department.

RESOLUTION 2025-39
The foregoing Resolution was passed and adopted by the City Council of the City of Waterford, Stanislaus County, at a regular meeting held on July 3, 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF WATERFORD
_______________________
CHARLIE GOEKIN, Mayor
APPROVED AS TO FORM:
_________________________
CORBETT J. BROWNING
City Attorney
ATTEST:
__________________________
PATRICIA KRAUSE, City Clerk
RESOLUTION 2025-39
Exhibit A – VTSM 2024-01
RESOLUTION 2025-39
APN: 080-045-008
APN: 080-045-007
APN: 080-045-006
APN: 080-045-042
APN: 080-045-041
APN: 080-045-027 APN: 080-045-026
20' Driveway 20' Driveway
20' Driveway
20' Driveway 20' Driveway 53' WIDE R.O.W. 53' WIDE R.O.W. 20' Driveway 20' Driveway 78 56 4 3 12
9 1110 12 1413 1615
25 2324 2122 1920 1718
26 2827 29
43 4142 3940
30 3231 3433
3738 3536
4544 4746 4948 5150 5352
20' Driveway
APN: 080-045-030
APN: 080-045-028
APN: 080-045-051 PASADENA AVE

WASHINGTON RDSAWMILL AVE

CHAD LN

FILTRATION BASIN
A
A
B
B
C
C
D
D
E
E

ROADWAY W/ VERTICAL CURB & GUTTER
60 FT. RIGHT OF WAY
WASHINGTON RD.

ROADWAY W/ VERTICAL CURB & GUTTER
60 FT. RIGHT OF WAY
S. PASADENA AVE.
20' WIDE CONCRETE DRIVEWAY ADJACENT TO GARAGE
53 FT. ROAD RIGHT OF WAY
20' WIDE CONCRETE DRIVEWAY
36" WIDE GATE

BLOCK COLUMN WITH

STONE CAP
24" HIGH SPLIT-FACE
24" HIGH WROUGHT

IRON FENCE
PL
16" SQ. SPLIT-FACE

BLOCK WALL
E
E
D
D
C
C
B
B
A
A
2 STREET SECTIONS
Know what'sbelow.

Call before you dig.
1-800-227-2600
1 2-STORY DUPLEX LAYOUT
Date:

Checked By:

Drawn By:

Job. No.:

PROJECT DATA:

SHEET NUMBER:

PREPARED BY:

P.O. Box 349
Merced, CA 95341
Ph.: (209) 722-3200
Fax: (209) 722-3254
Date Description
PREPARED FOR:
405 West 19th Street
SHEET CONTENTS:

No.

E N G I N E E R I N G & S U R V E Y I N G

GOLDEN VALLEY
Merced, CA 95340 WATERFORD SUBDIVISION FOR MOE JAWAD APN: 080-045-023 WATERFORD CALIFORNIA

VESTING TENTATIVE

SUBDIVISION MAP

PREPARED FOR

MOE JAWAD
3319 M STREET
MERCED, CA 95348
PH: (209) 201-5839
NOVEMBER 2023
JIM XU
CESAR
23-209
1 VICINITY MAP
LEGEND:

APN: 080-045-008
APN: 080-045-007
APN: 080-045-006
APN: 080-045-042
APN: 080-045-041
APN: 080-045-030
APN: 080-045-028
APN: 080-045-051 APN: 080-045-027 APN: 080-045-026
1 23 456 78
1110 9 12 1413 1615
17181920 2122 2324 25
28 27 26 29
39404142 43
30 32 31 34 33
35363738
4544 4746 4948 5150 5352

LOT 'A'
APN: 080-045-023
WASHINGTON RD. S PASADENA AVE.

LOT LAYOUT MAP 1
Job. No.:

Drawn By:

Checked By:

Date:

SHEET NUMBER:

PROJECT DATA:

PREPARED BY:

P.O. Box 349
Fax: (209) 722-3254
Ph.: (209) 722-3200
Merced, CA 95341
Date Description
PREPARED FOR:
405 West 19th Street
SHEET CONTENTS:

No.

E N G I N E E R I N G & S U R V E Y I N G

GOLDEN VALLEY
Merced, CA 95340 WATERFORD SUBDIVISION FOR MOE JAWAD APN: 080-045-023 WATERFORD CALIFORNIA PH: (209) 201-5839
MERCED, CA 95348
3319 M STREET

MOE JAWAD

PREPARED FOR

LOT LAYOUT MAP
NOVEMBER 2023
JIM XU
CESAR
23-209
2 8
7 6
5 4
3 2
1 13
12 11
10 9

DECORATIVE BLOCK & WROUGHT IRON FENCE

NOT USED
48" WIDE SIDEWALK WITH 36" LANDSCAPE
36" WIDE SIDEWALK

PRIVATE LANDSCAPE AREA
6' HIGH WOOD PRIVACY FENCE
36" WIDE GATE

NOT USED
8' x 22' PARKING STALL

WATER METER CLUSTER

MECHANICAL A/C CONDENSER

ELECTRICAL SERVICE

WATER SERVICE TO EACH HOUSE
KEYNOTES:
14 DECORATIVE STAMPED CONCRETE AT
( SEE DETAIL ABOVE )

STRIP EACH SIDE

DRIVEWAY ENTRANCE
15 CURB, GUTTER & SIDEWALK PER CITY STD.

NOTE:

LOT LINES NOT SHOWN FOR CLARITY. SEE
SHEET 2 FOR LOT LAYOUT AND DIMENSIONS 53' WIDE R.O.W.
20' Driveway
31 32 33 34
11 12
11 12
5 7
10 15
14 13
11 12
11 12
5 5 5
5 5
5 5
5 5
7 4 4
5 5 5 5
5 5 5 5
6 4
1 7 1
1 7 4 4
3 3
6 4
10 9
9 9
9 9
9 15
14 15
15 1 7 1 7
4 4
36" WIDE GATE

BLOCK COLUMN WITH

STONE CAP
24" HIGH SPLIT-FACE
24" HIGH WROUGHT

IRON FENCE
PL
16" SQ. SPLIT-FACE

BLOCK WALL
LEGEND: LEGAL DESCRIPTION:

INFORMATION REQUIRED PER WATERFORD MUNICIPAL CODE
TENTATIVE MAP NOTES:
2 TYPICAL SITE PLAN LAYOUT FOR DUPLEX UNITS
1 NOTES, LEGEND, LEGAL DESCRIPTION
Date:

Checked By:

Drawn By:

Job. No.:

PROJECT DATA:

SHEET NUMBER:

PREPARED BY:

P.O. Box 349
Merced, CA 95341
Ph.: (209) 722-3200
Fax: (209) 722-3254
Date Description
PREPARED FOR:
405 West 19th Street
SHEET CONTENTS:

No.

E N G I N E E R I N G & S U R V E Y I N G

GOLDEN VALLEY
Merced, CA 95340 WATERFORD SUBDIVISION FOR MOE JAWAD APN: 080-045-023 WATERFORD CALIFORNIA

PRELIMINARY SUBDIVISION

PREPARED FOR

MOE JAWAD
3319 M STREET
MERCED, CA 95348
PH: (209) 201-5839
NOVEMBER 2023
JIM XU
CESAR
23-209
3 TYPICAL DECORATIVE BLOCK & WROUGHT IRON FENCE DETAIL
Elevations and Floor Plans
1333-A Option 1
1333-A Option 2
Elevations and Floor Plans
1333-A Rear View
1333-A Side View
Elevations and Floor Plans
1333-B Option 1
1333-B Rear View
Elevations and Floor Plans
1333-B Option 2
1481-A Option 1
Elevations and Floor Plans
1481-A Rear View
1481-B Option 1
Elevations and Floor Plans
1481-B Option 2
1481-B Rear View
Elevations and Floor Plans
1485-A Option 1
1485-A Option 2
Elevations and Floor Plans
1485-A Side View
1485-A Rear View 1
Elevations and Floor Plans
1485-A Rear View 2
1485-A Side View 1
Elevations and Floor Plans
1485-B Option 1
1485-B Option 2
Elevations and Floor Plans
1485-B Side View
Elevations and Floor Plans
Elevations and Floor Plans
Elevations and Floor Plans
Elevations and Floor Plans
Elevations and Floor Plans
Elevations and Floor Plans

WATERFORD PLANNING COMMISSION
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY OF WATERFORD

PLANNING COMMISSION RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF A MITIGATED
NEGATIVE DECLARATION FOR REZONE NO. RZ 2024-
0002, TENTATIVE SUBDIVISION MAP NO. TSM 2024-
0001, AND DESIGN REVIEW NO. 2024-0002; FOR
ASSESSOR PARCEL NUMBER 080-045-023
WHEREAS, a request has been submitted by Mr. Moe Jawad (3319 M Street, Merced, CA 95348) Applicant on behalf of the Property Owner of Record as to Assessor Parcel Number 080- 045-023, for a zone change of said property amending Planned Community No. 01-06 (PC #01- 06) to allow a single-family residential development, a Tentative Subdivision to subdivide the

3.61± acre parcel into fifty-three (53) single-family residential lots, and Design Review No. 2024-0002, located on S. Pasadena Avenue and Washington Road; and WHEREAS, the Proposed Project is located in the Multi-Family Residential (MF) land use designation of the City’s General Plan Land Use Map; and WHEREAS, the Proposed Project is located within the Planned Community zone district in accordance with Ordinance No. 01-06; and,
WHEREAS, the proposed project is considered a “project” as defined by the California Environmental Quality Act (CEQA) and may involve potentially significant effects on the environment; and,
WHEREAS, the Lead Agency has prepared and circulated for public and agency review an Initial Study/Mitigated Negative Declaration (IS/MND) addressing the potential environmental effects of the proposed project in accordance with the requirements of CEQA; and, WHEREAS, a Notice of Intent to adopt the IS/MND also identifying the date of this meeting was published in the Waterford News; and,
WHEREAS, the Planning Commission has reviewed and independently considered the analysis and conclusions of the IS/MND; and,
WHEREAS, a copy of the IS/MND is attached hereto as Exhibit A; and, WHEREAS, the Planning Commission has prepared a Mitigation Monitoring/Reporting Plan reflecting the analysis and mitigation recommendations contained in the IS/MND, a copy of which is attached hereto as Exhibit B; and,
.82;:547Ā/7<36893Ā1.*Ā)"-.//'!Ȁ,/+/Ȁ$#!%Ȁ+$ $Ȁ/%-!,("((&0% WHEREAS, the notice of the regular public hearing on the proposed Rezone, Tentative Subdivision Map and Design Review was published in the Waterford News, a newspaper of general circulation, on March 5, 2025; and
WHEREAS, notices of the regular public hearing on the proposed Rezone, Tentative Subdivision Map, and Design Review were mailed to all property owners within 300-feet of the property, according to the most recent Assessor’s Roll, on March 5, 2025; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Waterford makes the following findings and determinations:

1. The Proposed Project is consistent with the City of Waterford Vision 2025 General Plan, and specifically, the Multi-Family Residential (MF) land use designation assigned by the Vision 2025 General Plan.

2. The site is physically suitable for the density and/or intensity of the Proposed Project.

The proposed density is approximately fifteen (15) dwelling units per gross acre, which is consistent with the MF land use density range of 12 – 36 dwelling units per gross acre.

3. The Proposed Project is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat. a. As per Sections 15182 and 15162 of the California Environmental Quality Act (“CEQA”) Guidelines, this Project is within the scope of the projects covered by the Vision 2025 General Plan Final EIR.

4. A Notice of Determination pertaining to this matter shall be filed with the County Clerk within five (5) business days of this resolution, in accordance with the requirements of CEQA. Documents and materials related to the IS/MND shall be maintained at Waterford City Hall.

NOW, THEREFORE BE IT FURTHER RESOLVED BY THE WATERFORD PLANNING COMMISSION that it recommends to the City Council to approve the Mitigated Negative Declaration for Rezone No. RZ 2024-0002, Vesting Tentative Subdivision Map No. VTSM 2024-0001, and Design Review No. DR 2024-0002
.82;:547Ā/7<36893Ā1.*Ā)"-.//'!Ȁ,/+/Ȁ$#!%Ȁ+$ $Ȁ/%-!,("((&0% The foregoing Resolution was passed and adopted by the Planning Commission of the City of Waterford, Stanislaus County, at a regular meeting held on April 22, 2025, moved for adoption by Commissioner %DUQHV and duly seconded by Commissioner *UD\; passed by the following roll call vote:

AYES: 5LYHUV%DUQHV(VWKHU*UD\
NOES: 0HVKHZ
ABSENT: 1RQH
ABSTAIN: 1RQH
ATTEST:
___________________________ _____________________________ Chairperson Rivers Marissa Martinez, Secretary
.82;:547Ā/7<36893Ā1.*Ā)"-.//'!Ȁ,/+/Ȁ$#!%Ȁ+$ $Ȁ/%-!,("((&0% EXHIBIT A – INITIAL STUDY/MITIGATED NEGATIVE DECLARATION .82;:547Ā/7<36893Ā1.*Ā)"-.//'!Ȁ,/+/Ȁ$#!%Ȁ+$ $Ȁ/%-!,("((&0% Waterford 53-Unit Residential Development
(City of Waterford, CA)
(Rezone (REZONE) 2024-0002, Design Review (ASPR) 2024-
0002, and Tentative Subdivision Map (TMAP) 2024-0001)
INITIAL STUDY – MITIGATED NEGATIVE DECLARATION

PUBLIC REVIEW DRAFT
December 2024
City of Waterford
101 E Street
Waterford, CA 95386

.82;:547Ā/7<36893Ā1.*Ā)"-.//'!Ȁ,/+/Ȁ$#!%Ȁ+$ $Ȁ/%-!,("((&0%

WATERFORD PLANNING COMMISSION
RESOLUTION NO. 2025-03

A RESOLUTION OF THE CITY OF WATERFORD

PLANNING COMMISSION RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF A REZONE AMENDING
PLANNED COMMUNITY NO. 01-06 TO ALLOW A

SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
PROPERTY LOCATED AT 199 SOUTH PASADENA
AVENUE, ASSESSOR PARCEL NUMBER 080-045-023
WHEREAS, a request has been submitted by Mr. Moe Jawad (3319 M Street, Merced, CA 95348) Applicant on behalf of the Property Owner of Record as to Assessor Parcel Number 080- 045-023, for a Rezone of said property amending Planned Community No. 01-06 (PC #01-06) to allow a single-family residential development located on S. Pasadena Avenue and Washington Road; and
WHEREAS the Planning Commission held a noticed public hearing on March 25, 2025 and April 22, 2025, and considered staff recommendations for approval, heard public testimony, and adopted the following findings; and
WHEREAS the notice of the regular public hearing on the proposed Rezone was published in the Waterford News, a newspaper of general circulation, on March 5, 2025; and WHEREAS notices of the regular public hearing on the proposed Rezone were mailed to all property owners within 300-feet of the property, according to the most recent Assessor’s Roll, on March 5, 2025; and
WHEREAS, the Planning Commission has considered an Initial Study, which concluded that the proposed Rezone is within the scope of the previously certified City of Waterford Vision 2025 General Plan Environmental Impact Report, and in accordance with Section 15074 of the CEQA Guidelines, a Mitigated Negative Declaration has been prepared and considered; and WHEREAS all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, BE RESOLVED by the Planning Commission of the City of Waterford makes the following findings and determinations:

1. The proposed Zoning District is consistent with the City of Waterford Vision 2025 General Plan, and specifically, the Multi-Family Residential (MF) land use designation assigned by the Vision 2025 General Plan.

2. The site is physically suitable for the density and/or intensity of the Proposed Project.

The proposed density is approximately fifteen (15) dwelling units per gross acre, which is consistent with the MF land use density range of 12 – 36 dwelling units per gross acre.

Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5

3. The proposed amendment to the Zoning District is not likely to cause substantial environmental damage, or substantially and unavoidable injure fish or wildlife or their habitat.
a. As per Sections 15182 and 15162 of the California Environmental Quality Act (“CEQA”) Guidelines, this Project is within the scope of the projects covered by the Vision 2025 General Plan Final EIR, and no new environmental document or findings are required by CEQA. Relevant mitigation measures from EIR have been made conditions of project approval.
b. There are no substantial changes proposed in the project, which result in new significant environmental effects, or a substantial increase in the severity of previously identified significant effects and, therefore, no major revisions to the EIR are required.
c. No substantial changes have occurred with respect to the circumstances under which the project is undertaken which will result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects and therefore, no major revisions to the EIR are required. d. There is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence when the EIR was adopted which shows any of the following: one or more significant effects which is not discussed in the EIR; or, significant effects which were previously examined will be substantially more severe than previously shown; or, previously infeasible mitigation measures or alternatives are now feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or, mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
e. In accordance with Section 15074 of the CEQA Guidelines, the City has prepared Mitigated Negative Declaration tiered from the City’s Vision 2025 General Plan EIR based on the analysis contained in the Initial Study prepared in accordance with Section 15063 of the CEQA Guidelines.

4. The Zoning District is required for public convenience and necessity. a. The proposed amendment to the Planned Community is consistent with the Vision 2025 General Plan because the project is consistent with the Multi-Family Residential (MF) land use designation for the site in both type and intensity of development.

Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5 b. The project will provide the needed single-family residential housing for the City of Waterford and assist in accommodating the City’s regional housing need as prescribed by State Housing Law.
c. The proposed amendment of the Planned Community Zone, because of its design and conditions of approval, will be compatible with the surrounding land uses.

5. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, word of this resolution is for any reason held by a court of competent authority to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The Planning Commission of the City of Waterford hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

NOW, THEREFORE BE IT FURTHER RESOLVED BY THE WATERFORD
PLANNING COMMISSION that it recommends to the City Council the property be rezoned to amend Planned Community No. 01-06 (PC #01-06) to allow for a single-family residential development.

The foregoing Resolution was passed and adopted by the Planning Commission of the City of Waterford, Stanislaus County, at a regular meeting held on April 22, 2025, moved for adoption by Commissioner Barnes and duly seconded by Commissioner Gray; passed by the following roll call vote:

AYES: Rivers, Barnes, Esther, Gray
NOES: Meshew
ABSENT: None
ABSTAIN: None
ATTEST:
____________________________
Chairperson Brandon Rivers Marissa Martinez, Secretary
Attachments:

Exhibit “A” – Draft City Council Ordinance
Exhibit “B” – Amended Planned Community 01-06 (PC #01-06) Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5 EXHIBIT A – DRAFT ORDINANCE
ORDINANCE NO. 2025-__

AN ORDINANCE OF THE CITY OF WATERFORD CITY COUNCIL
APPROVING AND ADOPTING REZONE NO. 2024-0002 AMENDING
PLANNED COMMUNITY NO. 01-06 (PC #01-06) REZONING 3.61± ACRES; AS TO ASSESSOR PARCEL NUMBER 080-045-023
WHEREAS Title 17 Chapter 17.77 authorizes the City of Waterford, to initiate a rezone whenever public necessity and convenience and the general welfare require such amendment; and
WHEREAS the City of Waterford Planning Commission conducted a Public Hearing on March 25, 2025 and April 22, 2025, to consider the proposed Rezone amending PC No. 01-06 (PC #01-06).

WHEREAS, the City Council for the City of Waterford has made the following findings for adoption.

2. The project site is currently zoned Planned Community (PC) No. 01-06 and has a General Plan Land Use Designation of Multi-Family Residential (MF); and

3. The applicant is proposing to rezone the subject property to amend Planned Community 01-06 (PC #01-06); and

4. Notice of the public hearing on the proposed Rezone was published in the Waterford News, a newspaper of general circulation, on March 5, 2025; and

5. Notice of the public hearing on the proposed Rezone was mailed to all property owners affected by this action on March 5, 2025; and

6. Notices of the public hearing on the proposed Rezone were mailed to all property owners within 300-feet of the property, according to the most recent Assessor’s Roll, on March 5, 2025; and
Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5

7. The City finds that pursuant to the California Environmental Quality Act (CEQA), the Lead Agency (Waterford) has prepared an Initial Study and concludes that the proposed project is within the scope of the previously certified City of Waterford Vision 2025 General Plan Environmental Impact Report, and in accordance with Section 15074 of the CEQA Guidelines, a Mitigated Negative Declaration has been prepared and considered.

WHEREAS, a public hearing was held on March 25, 2025 and April 22, 2025, and all comments were heard and considered by the City Council.

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

SECTION 2. FINDINGS. The approval of this ordinance is based on the following findings and determinations:

B. The proposed rezoning is consistent with the goals, policies, and implementation measures and Multi-Family Residential (MF) land use of the City of Waterford Vision 2025 General Plan.

C. A noticed Public Hearing before the City Council was given in the form and manner required by State statute and the Waterford Municipal Code.

SECTION 3. CONDITIONS. The development is subject to the conditions and standards adopted in the City’s Vision 2025 General Plan for development which includes the following terms and conditions:

SECTION 4. The Zoning Map of the City of Waterford, which is attached as part of Title 17 of the City Code, is hereby amended, and from and after the effective date of the Ordinance, the property illustrated in Exhibit A hereof shall continue to be referred to and described on said zoning map of the City of Waterford as Planned Community 01-06 (PC #01-06).

SECTION 5. DEVELOPMENT STANDARDS. The following development standards are hereby associated with amended Planned Community 01-06 (PC #01-06):

Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5 Development Standard
Amended Planned
Community 01-06
Lot Dimensions
Lot Size (Minimum) 1,500 square feet
Lot Width (Minimum) Interior – 25-feet
Corner – 25-feet
Lot Coverage (Maximum) 65%
Setbacks (Minimum)
Front 5-feet
Rear 5-feet
Side
Interior – 0 feet
Corner – 5 feet
SECTION 6. AUTHORITY. This ordinance is adopted pursuant to the authority granted by the California Constitution and State law.

SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent authority, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions there-of be declared invalid or unconstitutional.

SECTION 8. To the extent the provisions of the Waterford Municipal Code as amended by this Ordinance are the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Waterford this ____ day of _____, _____, by the following vote:

AYES:

NOES:

Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5 ABSTAIN:

ABSENT:

CITY OF WATERFORD
CHARLIE GOEKIN, Mayor
ATTEST: APPROVED AS TO FORM:

City Clerk CORBETT J. BROWNING,
City Attorney
Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5

EXHIBIT B
AMENDED PLANNED COMMUNITY 01-06 (PC #01-06)
Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5

WATERFORD PLANNING COMMISSION
RESOLUTION NO. 2025-04

A RESOLUTION OF THE CITY OF WATERFORD

PLANNING COMMISSION RECOMMENDING TO THE

CITY COUNCIL APPROVAL OF VESTING TENTATIVE
SUBDIVISION MAP NO. 2024-0001 (VTSM 2024-0001);
LOCATED ON 199 SOUTH PASADENA AVENUE,
WATERFORD, CA ASSESSOR PARCEL NUMBER 080-045-
023
WHEREAS, a request has been submitted by Moe Jawad (3319 M Street, Merced, CA 95348) Applicant on behalf of the Property Owner of Record as to Assessor Parcel Number 080-045-023 to subdivide 3.61± acres into fifty-three (53) residential lots located on S. Pasadena Avenue and Washington Road. The project will connect to the City of Waterford sewer, water and storm drain services. The project site is designated by the City’s Vision 2025 General Plan as MultiFamily (MF) and is currently zoned Planned Community No. 01-06 (PC #01-06); and WHEREAS, said vesting tentative subdivision map was received in the office of the Secretary of the Planning Commission on February 26, 2024, and was accepted for filing and deemed complete on November 13, 2024, in accordance with the provisions of Title 16: Subdivisions of the Waterford Municipal Code; and
WHEREAS, copies of said vesting tentative subdivision map have been sent to the Waterford Unified School District, Modesto Irrigation District, the local utility companies, and the City Departments; and
WHEREAS, the Planning Commission has considered an Initial Study, which concluded that the proposed tentative subdivision map is within the scope of the previously certified City of Waterford Vision 2025 General Plan Environmental Impact Report, and in accordance with Section 15074 of the CEQA Guidelines, a Mitigated Negative Declaration (SCH No. 2024120891) has been prepared and considered; and
WHEREAS, the Planning Commission held a duly noticed Public Hearing on March 25, 2025 and April 22, 2025 and considered Rezone and VTSM 2024-0001: and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Waterford makes the following findings and determinations:

1. The proposed vesting tentative subdivision map, together with the provisions for its design and improvements, and subject to the conditions is consistent with the Vision 2025 General Plan and the Subdivision Map Act of the State of California.

Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5

3. As per Sections 15182 and 15162 of the California Environmental Quality Act ("CEQA") Guidelines, this Project is within the scope of the projects covered by the Vision 2025 General Plan EIR.

4. Based on the project’s Initial Study, a Mitigated Negative Declaration (SCH No. 2024120891) has been prepared for the project and it has been determined that the proposed project will not have a significant environmental effect and no mitigation measures are required in accordance with the California Environmental Quality Act (CEQA).

NOW, THEREFORE BE IT FURTHER RESOLVED BY THE WATERFORD
PLANNING COMMISSION that it recommends to the City Council to approve Vesting Tentative Subdivision Map No. 2024-0001 (VTSM 2024-0001), subject to the following conditions:

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 polices not so listed.

3. The VTSM shall expire by: two (2) years upon the effective date of the VTSM, unless a building permit is issued, or a request for an extension is received by the City prior to the expiration of the VTSM and approved by the Planning Commission.

Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5 Conditions of Approval
Planning Department

5. Approval of this VTSM shall not be valid until such time the Waterford City Council has approved an Ordinance rezoning the Project site thereby amending PC 01-06.

6. Any plans associated with the 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, Zoning Ordinance, and Specific Plan (if applicable). Violation of any provision(s) may result in Code Enforcement action, which may include revocation of permit and/or monetary penalties.

Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5

8. The final map shall be in substantial compliance to the approved VTSM 2024-0001 and the development shall be consistent with applicable section of the General Plan and Zoning Ordinance.

9. Prior to the approval and recordation of the Project’s Final Map, the applicant shall annex the Project into Community Facilities District No. 2019-01.

10. Consistent with the development standards of Planned Community (PC) No. 01-06, lots developed within the Project shall contain the following development standards:

13. 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.

14. Prior to recordation of Final Map, the entrances along Washington Road and Pasadena Avenue shall be gated.

Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5

15. The entrances along Washington Road and Pasadena Avenue shall provide full access into and out of the residential subdivision.

16. Prior to the issuance of the 1st Building Permit, the applicant shall establish a Home Owner’s Association (HOA) and furnish evidence acceptable to City Staff. The HOA shall be responsible for long-term maintenance associated with: project streets and driveways, sidewalks, landscaping, street lights, the drainage basing and pump station, entry gates, and perimeter fencing.

Building Department

1. Approval of the VTSM 2024-02 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 issuance of any required permits.

2. Prior to the issuance of Building Permits, the applicant shall provide written proof that the applicable Waterford School District fees have been paid.

3. Prior to the issuance of a Building Permit, the applicant shall pay the applicable Stanislaus County Public Facilities Fee.

4. Prior to the issuance of a Building Permit, the applicant shall pay the applicable Stanislaus Consolidated Fire Protection District Capital Facilities Fee.

6. A sprinkler system shall be required for any construction. The applicant shall mark the location of fire walls on the exterior of the building in a manner approved by the Building Department.

7. 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. All required structures such as walls, fences, drainage facilities, water mains, sewer lines and streetlights shall be shown on the plans along with curb, gutter, sidewalk, edge of pavement and utilities. All existing structures not shown on the tentative map or shown as “to be removed” shall be removed prior to the recording of the final map.

Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5

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.

All structures such as walls, fences, drainage facilities, water mains and streetlights shall be shown on the plan.

3. 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.

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

6. Appropriate dust control shall be provided at the contractor’s expense to minimize any dust nuisance and shall be in accordance with Section 10 of Caltrans standard specifications.

7. The developer shall be responsible for all work performed by contractors or subcontractors.

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

11. No permanent structures or obstructions shall be constructed on any easement.

Streets:

12. A Public Utility Easement shall be provided over all Private streets to allow City utilities.

13. Public streets shall be built to City of Waterford Standards in accordance with Waterford Municipal Codes Title 16 and Title 17 and the Waterford General Plan.

14. The developer shall improve all existing streets bordering the proposed development as shown in the City’s Standards. Washington Road and Pasadena Avenue shall have an ultimate ROW width of 60-feet. Existing streets shall have a Type II slurry seal placed across Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5 the frontage of the project (curb to curb) after trenching and surface improvements are completed.

15. A ten (10) foot wide Public Utility Easement shall be provided on all public street frontages.

16. 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. Curb ramps shall be constructed at all intersections and shall comply with Section 2-7103 in the current edition of the State Building Code and the Americans with Disabilities Act (ADA).

Water:

20. Individual water services shall be provided to each parcel from the public water main in all streets.

21. Provide a looped water system, a minimum of two connections to the City water system are required throughout all phases.

Sanitary Sewer:

23. A sewer service shall be installed by the developer to each lot and shall be sized to carry the quantity of sewage which will be discharged from the service area with a minimum design flow of 300 gallons/day plus infiltration. For the purpose of sewer capacity calculations, a peaking factor of 2.5 shall be used. 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. Sewers within 100 feet of domestic wells shall be cast iron or ductile iron. All sewer mains shall extend to the center of property frontage. Sewer mains shall be designed according to current City Standards.

Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5 Storm Drainage:

25. Project design and construction shall be in compliance with the State Water Resources Control Board’s Phase II MS4 permit and Stanislaus County Post-Construction Standards.

26. All storm drainage improvements shall be designed in accordance with the design criteria set forth in Chapter 4 of the Stanislaus County Standards and Specifications.

Stanislaus County Department of Environmental Resources (DER):

1. Existing on-site well and/or septic tank shall be destroyed under permit from DER and in accordance with all laws and policies (Stanislaus County and California State Model Well Standards).

2. A “will serve” letter is required if the sewer service will be provided by City of Waterford.

San Joaquin Valley Air Pollution Control District:

CEQA Mitigation Measures:

Modesto Irrigation District:

1. The Developer and/or Project Proponent shall comply with the Modesto Irrigation District letter, dated March 12, 2025. A copy of this letter can be obtained from the City’s Planning Department.

Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5 The foregoing Resolution was passed and adopted by the Planning Commission of the City of Waterford, Stanislaus County, at a regular meeting held on April 22, 2025, moved for adoption by Commissioner Barnes and duly seconded by Commissioner Gray; passed by the following roll call vote:

AYES: Rivers, Barnes, Esther, Gray
NOES: Meshew
ABSENT: None
ABSTAIN: None
ATTEST:
______________________________ _____________________________ Chairperson Brandon Rivers Marissa Martinez, Secretary
Attachments:

Exhibit “A” – VTSM 2024-0001
Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5 Exhibit A – VTSM 2024-0001
Docusign Envelope ID: 92CDEE71-BEAE-4315-A404-E5C1B82886F5

April 21, 2025
Waterford Planning Commission
Cc: Michael Pitcock, City Manager
City of Waterford
101 E Street
Waterford, CA 95386
Dear Members of the Waterford Planning Commission,
Waterford Unified School District (WUSD) appreciates the opportunity to provide input regarding the potential development of a 53-home subdivision proposed for Washington Road, between Reinway Avenue and Pasadena Avenue. We understand that during a previous Planning Commission meeting, concerns were raised about possible overcrowding in Waterford schools as a result of such developments.

WUSD currently operates six school sites, five of which are located along Reinway Avenue. This concentration of campuses results in significant traffic congestion, especially on the north end of Reinway Avenue from Yosemite Boulevard, during student drop-off and pick-up times. These traffic concerns have been consistently brought forward by parents, staff, and community members.

With respect to enrollment capacity, WUSD—like many districts across California—is currently experiencing a trend of declining student enrollment. According to data from DataQuest (California Department of Education), our enrollment numbers for the past five academic years are as follows:

Academic Year Enrollment
2024-25 1,708*
2023-24 1,737
2022-23 1,810
2021-22 1,798
2020-21 1,810
*School year in progress
As shown, enrollment has decreased by over 100 students since the 2020-21 school year.

Page 2 of 2 ends

During the summer of 2022, a development of 75 homes was completed across from Richard Moon Primary School. From that development, the District welcomed 14 new students. Based on this precedent, we anticipate that the proposed 53-home development may result in a modest increase in student enrollment. Should the District experience a higher-than-expected influx of students, WUSD is prepared to make adjustments, including reconfiguring grade spans at the TK8 level to accommodate the growth. It is important to note that the District operated under a different grade configuration prior to 2007 and is familiar with implementing such changes in response to community needs.

We appreciate your attention to the concerns and impacts related to educational infrastructure and traffic in Waterford. WUSD remains committed to partnering with the City of Waterford to ensure thoughtful planning and a shared vision for the future of our community.

Sincerely,
Jose M. Aldaco
Superintendent
Waterford Unified School District
General Business 6a
July 3rd, 2025
Tina Envia, Finance Manager
City Council Staff Report
Resolution: Resolution 2025-40, Authorizing the Submission of an Application to the California Infrastructure and Economic Development Bank (“ibank”) for Financing of the Hickman-Waterford Water Consolidation Project, Authorizing the Incurring of an Obligation Payable to iBank for the Financing of the Hickman-Waterford Water ConsolidationProject if iBank Approves said Application, Declaration of Official Intent to Reimburse certain expenditures from the proceeds of an Obligation, and Approving certain other matters in connection therewith SUMMARY:

City staff are in the process of securing funds to complete the intertie between the Water System in the City of Waterford with the system in the community of Hickman. Ibank requires certain authorizations be obtained to facilitate an application for their State Revolving Loan Program.

ANALYSIS:

The City of Waterford has an approved grant application with the California State Water Resources Control Board – Drinking Water State Revolving Fund. The Grant, though approved, has remained unfunded in the State budget since 2020. In recent months the Hickman system has struggled with water appearance issues due to debris in the water lines. The City feels it is no longer feasible to continue to wait for the State to fund the project as a grant while the Hickman system continues to deteriorate. The City would like to proceed with the financing of the basic component of the consolidation project which would physically connect the Hickman and Waterford systems. The funding requested would be able to complete this connection.

Ibank has a loan program, California Infrastructure and Economic Development Bank Infrastructure State Revolving Fund Loan Program, that offers competitive rates, flexible terms, and a streamlined application process. The requested Resolution would be the first step required in the process to secure the funds. The application to approval process is as follows:

1. Preliminary Review – which includes an application and the supporting background and system information for Ibank to decide if the project and payment source would be acceptable.

2. Credit Risk Committee Review

3. Board Approval

4. Rate lock and 180 days to sign documents

5. Approval Resolution

6. 2 years to complete a project
The process is estimated to take 5-6 months from start to finish.

FISCAL IMPACT:

The financing includes a 1% origination fee or a minimum of $25,000. Current rates are 5.46% for an unrated borrower to a floor of 4.62%. A loan of $1,500,000 would cost the City $1,002,052 in interest over a 20-year term with annual payments of $125,103.

ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Council can elect to approve the submission of the application and proceed with the process of obtaining loan funds from Ibank.

2. Council can elect not to approve the submission of the application and recommend other sources of funding.

3. Council can elect to not approve the submission and not proceed with the intertie project.

ATTACHMENTS:

1. Resolution 2025-40

2. Infrastructure State Revolving Fund Program Fact Sheet

3. Ibank Initial Application

4. Ibank Special Funds Addendum Application
RESOLUTION 2025-40

WATERFORD CITY COUNCIL
RESOLUTION NO. 2025-40

A RESOLUTION OF THE CITY OF WATERFORD AUTHORIZING THE SUBMISSION

OF AN APPLICATION TO THE CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK (“IBANK”) FOR FINANCING OF THE HICKMANWATERFORD WATER CONSOLIDATION PROJECT, AUTHORIZING THE

INCURRING OF AN OBLIGATION PAYABLE TO IBANK FOR THE FINANCING OF

THE HICKMAN-WATERFORD WATER CONSOLIDATION PROJECT IF IBANK

APPROVES SAID APPLICATION, DECLARATION OF OFFICIAL INTENT TO

REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF AN

OBLIGATION, AND APPROVING CERTAIN OTHER MATTERS IN CONNECTION

THEREWITH
WHEREAS, the California Infrastructure and Economic Development Bank (“IBank”) administers a financing program to assist local governments with the financing of eligible projects in accordance with Section 63000 et seq. of the California Government Code (the “Act”); and WHEREAS, IBank created the Infrastructure State Revolving Fund Program (“ISRF Program”) pursuant to the provision of the Act; and
WHEREAS, IBank has instituted an application process for financing under its ISRF Program; and
WHEREAS, IBank’s Criteria, Priorities and Guidelines for the Selection of Projects for Financing under the ISRF Program, dated June 28, 2023, and as may thereafter be amended from time to time (the “Criteria”), establishes requirements for the financing of projects under the ISRF Program; and WHEREAS, the City of Waterford (“Applicant”) desires to submit an application (“Financing Application”) to IBank under the ISRF Program for financing and refinancing the costs of the HickmanWaterford Water Consolidation Project (“Project”) in an amount not to exceed $1,500,000; and WHEREAS, the Act and the Criteria require the Applicant to make, by resolution of its governing body, certain findings prior to a project being selected for financing by IBank; and WHEREAS, the Applicant expects to incur or pay certain expenditures in connection with the Project from its Water Enterprise Fund that are reimbursable with the proceeds of tax exempt bonds or other tax exempt securities under Federal Tax Law (defined below) prior to incurring indebtedness for the purpose of financing costs associated with the Project on a long-term basis (the “Reimbursement Expenditures”); and
WHEREAS, the Applicant reasonably expects that a financing arrangement (“Obligation”) in an amount not expected to exceed $1,500,000 will be entered into under and memorialized by one or more financing agreements and related documents (collectively, the “Financing Agreement”) and that certain proceeds of such Obligation will be used to reimburse the Applicant for Reimbursement Expenditures incurred or paid prior to incurring the Obligation; and WHEREAS, the Applicant acknowledges that IBank funds the ISRF Program, in part, with the proceeds of tax exempt bonds and, as such, has certain compliance obligations that may require it to have the Applicant enter into one or more new financing agreements to replace the Financing Agreement (collectively, the “Replacement Agreement”) on terms and conditions substantially identical to the original Financing Agreement.

RESOLUTION 2025-40
NOW, THEREFORE, be it resolved by the City Council of the City of Waterford as follows:

Section 1. The City Council hereby approves confirms, ratifies, and affirms all actions of the Applicant’s representatives, employees and officers heretofore taken in connection with, or with respect to, submitting the Financing Application, and the consideration and approval of the Obligation and the Financing Agreement, if IBank approves the Financing Application and the Obligation, and in connection therewith the City Council finds and certifies:
a. The Project facilitates the effective and efficient use of existing and future public resources so as to promote both economic development and conservation of natural resources; b. The Project develops and enhances public infrastructure in a manner that will attract, create, and sustain long-term employment opportunities;
c. That the Project is consistent with the General Plan of the City of Waterford and the General Plan of the County of Stanislaus;
d. The proposed financing is appropriate for the Project; e. The Project is consistent with the Criteria; and
f. It has considered (i) the impact of the Project on California’s land resources and the need to preserve such resources; (ii) whether the Project is economically or socially desirable; and (iii) whether the project is consistent with, and in furtherance of the State Environmental Goals and Policy Report (as defined in the Criteria).

Section 2. The Applicant hereby declares its official intent to use proceeds of the Obligation to reimburse itself for the Reimbursement Expenditures with the proceeds of tax exempt bonds or other tax exempt securities issued under the provisions of the Internal Revenue Code of 1986, as amended, and those Treasury Regulations implementing such provisions (collectively, “Federal Tax Law”). This declaration is made solely for purposes of establishing compliance with applicable requirements of Federal Tax Law and its date is controlling for purposes of reimbursement under Federal Tax Law. This declaration does not bind the Applicant to make any expenditure, incur any indebtedness, or proceed with the Project.

Section 3. All of the Reimbursement Expenditures were made no earlier than 60 days prior to the date of this Resolution. The Applicant will allocate proceeds of the Obligation to pay Reimbursement Expenditures within eighteen (18) months of the later of the date the original expenditure was paid or the date the Project was placed in service or abandoned, but in no event more than three (3) years after the original expenditure was paid.

Section 4. The City Manager and his or her designee is hereby authorized and directed to act on behalf of the Applicant in all matters pertaining to the Financing Application, and if IBank approves the Financing Application and the Obligation, the execution of related financial documents, including but not limited to: (i) pledge the revenues of the Water Enterprise Fund and all legally available amounts in the Water Enterprise Fund, on a parity basis with the Applicant’s obligations in connection with the Umpqua Bank installment Purchase Agreement, to the repayment of the Obligation, (ii) provide covenants relating to, among other things, maintaining the debt service coverage ratio required by IBank, rates and charges to be pledged, and as to any other security or collateral securing the Obligation, and (iii) take any other action necessary or desirable to enable the Applicant to enter into the Financing Agreement and incur the Obligation.

Section 5. If the Financing Application and the Obligation is approved by IBank, the City Manager and his or her designee is authorized to negotiate, enter into and sign financing documents and any amendments thereto, including, but not limited to the Financing Agreement and the Replacement Agreement, with IBank for the purposes of financing the Obligation.

Section 6. This Resolution shall become effective immediately upon adoption.

RESOLUTION 2025-40
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 3 rd day of July 2025, by the
following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF WATERFORD,
_____________________________
Charlie Goeken, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________

Patricia Krause, CMC Corbett J. Browning
City Clerk City Attorney
IBank Infrastructure Loans for
Municipalities
Fees
The California Infrastructure and Economic
Development Bank (IBank) is a state agency that
finances economic development and public
infrastructure.

Streets, highways, and public transit
Water, sewage, and solid waste
Ports, parks, and recreational facilities
Organic-recycling projects
Zero emissions vehicle fleets, maintenance
vehicles, school buses, charging stations
Infrastructure related to housing
Water sewer and other enterprise revenues
General fund revenues
Property assessments
Mello-Roos special taxes
Eligible Applicants (including, but not Other recurring revenues acceptable to IBank limited to):

Eligible Projects (including, but not
limited to):

Sources of Financing Repayment
Municipalities and any subdivisions of local
government -- counties, cities, etc.

Special districts
Public-benefit, tax-exempt nonprofits (with
eligible sponsorship)
Origination fee – The greater of $25,000 or
1% of the original loan amount
IBank’s Infrastructure State Revolving Fund
program provides low-cost, direct financing to
local governments as well as nonprofits
sponsored by public agencies for a wide variety
of public infrastructure and economic
expansion projects that improve and sustain
communities. We focus on small and mid-sized
local governments and special districts —
including those in underserved regions and
communities.

If you’re a municipality looking for a
loan — With IBank you:

Save time — We conduct a preliminary
review and provide feedback before inviting
you to apply.

Can submit applications any time of the
year. We accept applications continuously,
and because we issue our own bonds, we
do not run out of funds.

Can receive funds within 45-90 days of
IBank board approval.

Receive low, competitive, fixed-interest rates
up to 30 years. We are AAA rated, and we
pass our low borrowing costs (through
bonds) to you.

Don’t have to compete against others — No
scoring mechanisms, if approved, loans are
given on first-come, first-served basis.

Get transparency every step of the way —
No surprises.

You can rely on IBank for:

Fast responses
A personal touch
A team that is:

Experienced
Experts in municipal lending
Reliable
Diverse
Friendly and supportive
Our Values
The IBank team values access to opportunity,
diversity, and inclusion and is dedicated to
connecting our customers to the low-cost
financing they need to make their important
projects a reality.

When you do business with IBank, you get
service with a personal touch from our
small, focused team of dedicated experts
that reflects California’s diverse
population. We bring you decades of
experience, are quick to respond, and are
dedicated to helping all Californians.

Why do business with IBank?
www.ibank.ca.gov l [email protected] l 916.341.6600 Updated Sept. 2023

Rev. 7/26/24

CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK

INFRASTRUCTURE STATE REVOLVING FUND PROGRAM

FINANCING ADDENDUM

FEES & CHARGES

SPECIAL FUNDS & TAXES

Page 2 ends

CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK

INFRASTRUCTURE STATE REVOLVING FUND PROGRAM

FEES, CHARGES, SPECIAL FUNDS & TAXES

FINANCING ADDENDUM
PART I. PROPOSED SOURCE(S) OF REPAYMENT

1. District Type:

Water Lighting
Irrigation Park
Sewer/Wastewater Solid Waste
Public Works Public Safety
Flood Control Fire Protection
Utilities School
Community Services Public Services
Airport Port/Harbor
Other, specify:
___________________________________

2. Source(s) of Repayment:
(Please check all that apply)
Fees & charges Special Fund
Water Enterprise Fund Name _____________________
Sewer/Wastewater Enterprise Fund
Solid Waste Enterprise Fund Taxes (other than assessments) Other Fund: specify______________________ Property
Other Special, specify: _____________
Specify: __________________________

3. What lien position do you request for IBank loan? If the IBank loan is not requested to be in a senior position or senior lien position on parity with existing debt, describe why the IBank should consider a subordinate lien position, and why a subordinate position is necessary or desired by the Applicant:

Page 3 ends

PART II. LEGAL AUTHORITY

1. Authority to operate the system. Attach as Exhibit FC-1.

2. Authority to collect funds for each proposed source of repayment. Attach as Exhibit FC-2.

3. Authority to pledge each proposed source of repayment and to do so for the entire term of the loan.

Attach as Exhibit FC-3.

4. Authority to adopt a resolution making the findings necessary for the financing of Infrastructure Projects under the ISRF Program as required by CA Government Code section 63041. Attach as Exhibit FC-4.

5. Authority to enter into a loan agreement and other related documents. Attach as Exhibit FC-5.

6. Authority to enter into, and to timely perform, obligations in accordance with a loan agreement with the IBank (such as covenants to increase rates or charges, to maintain a minimum debt service coverage, and to provide annual audits and surveillance reports). Attach as Exhibit FC-6.

If the requested information is found in a system capital improvement plan, master plan or any other system-planning document, submit a copy of the plan and reference here the page(s) of the document that provides the information requested. Attach as Exhibit FC-7.

PART III. SYSTEM INFORMATION

1. Water projects—Provide detailed information about the supply of water, including the source, terms of the supply contract, status of water rights, storage, transmission, treatment, distribution, and age and capacity of the system:

For water systems that purchase water, provide a copy of the water purchase contract. Attach as Exhibit FC-8.

2. Sewer projects—Provide detailed information about the collection, transmission, treatment and sludge disposal system and procedures, age and capacity of the system:

Is there a mandatory hook-up ordinance?
No
Yes Submit a copy of the ordinance or adopted resolution. Attach as Exhibit FC-9.

Page 4 ends

3. Solid waste projects—Provide detailed information about the system collection and disposal processes and procedures, contracts with haulers, the status of landfill(s), and the age and capacity of the system:

For solid waste systems that have disposal contracts or contracts with haulers, provide a copy of each contract. Attach as Exhibit FC-10a and 10b, respectively.

4. Describe the service area:

Provide a map of the enterprise service area as Exhibit FC-11.

5. Complete the following tables:
a. Current and historical system user distribution:

NUMBER OF USERS
Current Fiscal
Year – 4*
Current Fiscal
Year – 3*
Current Fiscal
Year – 2*
Current Fiscal
Year – 1*
Current
Fiscal Year
Residential
Commercial
Industrial
Other
TOTAL
*Year - 1 = Year prior to current fiscal year; Y – 1 through Y – 4 are 1-4 years prior to current fiscal year. b. Current system usage and revenues:

SYSTEM USAGE AND GROSS REVENUES
as of
Annual Usage % of Usage Annual Gross Revenues % of Total Revenues Residential
Commercial
Industrial
Other
TOTAL 100% 100%

Page 5 ends

c. Ten (10) largest current users and their percentage of system use and revenue:

TEN LARGEST SYSTEM USERS
as of
User % of System
Use
% of System
Revenues
Customer
Class
(Residential/Commercial/
Industrial/Other)

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

TOTAL
d. Describe the rate-setting process, including the approval process and adherence to Proposition 218, the length of time necessary to implement adjustments, and the history of obtaining requested rate increases over the past five (5) years:

RATE INCREASES OVER THE PAST FIVE YEARS
Date Adopted Date Effective Percent of Increase
e. Provide the historical monthly average system rates per residential unit over the last four (4) years and current rate information:

CURRENT AND HISTORICAL AVERAGE MONTHLY USER CHARGE

PER RESIDENTIAL UNIT
Current Fiscal
Year – 4*
Current Fiscal
Year – 3*
Current Fiscal
Year – 2*
Current Fiscal
Year – 1*
Current
Fiscal
Year
Residential Unit
*Year - 1 = Year prior to current fiscal year, Y – 1 through Y – 4 are 1-4 years prior to current fiscal year.

Page 6 ends

f. Provide the projected average monthly user charge per residential unit over the next five (5) years (include any adopted or anticipated rate increases):

PROJECTED AVERAGE MONTHLY USER CHARGE

PER RESIDENTIAL UNIT
Current Fiscal
Year +1*
Current Fiscal
Year + 2*
Current Fiscal
Year + 3*
Current Fiscal
Year + 4*
Residential Unit
*Year + 1 = Year after the current fiscal year; Y + 1 through Y + 4 are 1-4 years after current fiscal year. g. Provide current comparable monthly average residential rate information for nearby comparable systems:

COMPARABLE RATES
as of
System Name: System Name: System Name: System Name:

Location: Location: Location: Location:

Residential Unit

6. Describe the expected increases or decreases in demand for service over the next five (5) years:

7. Describe the enterprise system's current capital improvement plan and expected plan for financing any capital improvements (e.g., future debt issuance), including how the system capacity is expected to meet future aggregate customer demand and peak daily demand:

8. Are there any pending or threatened enforcement actions, including warnings, orders, violations or fines, by any regulatory agency against the Applicant with regard to the system? No
Yes Describe and indicate the current status:

Page 7 ends

PART IV. FINANCIAL INFORMATION

1. Provide an aging of system accounts receivable for each proposed source of revenue to be pledged.

Attach as Exhibit FC-12, FC-12a, FC-12b, etc.

2. Discuss the billing process and terms offered to users.

3. Provide the monthly accounts receivable information below:

ACCOUNTS RECEIVABLE AGING
as of
Current Over 30 Over 60 Over 90 Over 120 Total
Percent

4. Explain collection practices and/or policies addressing accounts receivable that are greater than 90 days past due.

5. Has there been a system operating deficit during any of the prior three fiscal (3) years? No
Yes Describe any and all operating deficits and the action taken by the governing body to eliminate or balance the operating deficits:

Page 8 ends

6. Is there a debt service reserve fund for the outstanding debt of the system? No
Yes Provide an explanation if any debt service reserve fund has not been funded at its required level during the last three (3) fiscal years below. Include the amount and circumstances of any deficits, any withdrawals, and the corresponding replenishment schedule. Attach as Exhibit FC-13.

7. Is there a rate stabilization fund?
No
Yes Describe below any withdrawals from and deposits to the rate stabilization fund made over the last three (3) years, the circumstances necessitating any withdrawals, and the corresponding replenishment schedule. Attach as Exhibit FC-14.

8. Provide a copy of the rate study or similar report, along with resolutions, presentations, and meeting minutes for existing rates and charges for the last five years. Attach as Exhibit FC-15.

9. Has any assessment, standby charge, or rate or charge levied by the Applicant been subject to an initiative or a majority protest, or is any appeal or protest expected, or threatened, pursuant to Proposition 218?
No
Yes Explain:

Page 9 ends

10. Do you wish IBank to consider revenues from adopted rate increases (implemented, or not yet implemented) and/or system expansions in its analysis? No
Yes Provide an independent feasibility study, or an engineer’s report pertaining to the proposed Project and the system, including all assumptions. For system expansions only, also include in this report a “worst case” scenario analysis of the fiscal impact of the loan on rates for existing rate payers, assuming that there are no new system rate payers and existing rate payers’ fees will fully finance the Project debt. Attach as Exhibit FC-16.

11. Have you received any grants, loans or other financial assistance for the operation of the system? If so, describe impacts on the proposed financing and provide copies. Attach as Exhibit FC-17.

No
Yes
Describe:

Page 10 ends

FEES & CHARGES

SPECIAL FUNDS & TAXES

ADDENDUM CHECKLIST
(Complete and submit)
IBank
Staff
Use

INDICATE WHETHER

OR NOT EACH

DOCUMENT IS

ATTACHED TO THIS

ADDENDUM ADDENDUM EXHIBITS
Date
Rec’d YES NO N/A
Exhibit FC-1 Authority to Operate the System
Exhibit FC-2 Authority to Collect Proposed Revenue Stream Exhibit FC-3 Authority to Pledge Proposed Revenue Stream Exhibit FC-4 Authority to Adopt Resolution
Exhibit FC-5 Authority to Enter into Loan Agreement and Related Documents
Exhibit FC-6 Authority to Enter into, and to Timely Perform, Obligations
Exhibit FC-7 System Capital Improvement Plan, Master Plan, Other System Planning Document
Exhibit FC-8 Water Purchase Contract
Exhibit FC-9 Hook-up Ordinance
Exhibit FC-10 Disposal/Hauler Contracts
Exhibit FC-11 Map of Service Area
Exhibit FC-12 Aging Accounts Receivable Aging for Each Proposed Source of Revenue. Additional Exhibits label a, b, c, etc.

Exhibit FC-13 Debt Service Reserve Fund Funding Schedule Exhibit FC-14 Rate Stabilization Fund Replenishment Schedule Exhibit FC-15 Rate Study, Resolutions, Presentations, Meeting Minutes for the last Five Years
Exhibit FC-16 Adopted Rate Increases: Resolution, Staff Report, and Independent Feasibility Study/Rate Study/Engineer’s
Report
Exhibit FC-17 Grants, Loans or Financial Assistance Documentation General Business 6b
July 3, 2025
Lonnie Statzer, Public Works Director
Resolution: Approving Resolution 2025-41, a Three-Year (October 1, 2026 to September 30, 2029) HOME Investment Partnership Program Consortium Agreement between Stanislaus County and the City of Waterford.

SUMMARY:

Council will consider approving a resolution authorizing the execution of a 3 Year Home Investment Partnership Program Consortium Agreement between the City of Waterford and Stanislaus County through Fiscal Years 2026-2029. These agreements will ensure that the City of Waterford will remain a part of the HOME Consortium for the next 3 years.

ANALYSIS:

In 1974, the U.S. Congress enacted and the President signed a law entitled The Housing and Community Development Act of 1974, herein called the “Act.” The Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles Since 1991. Stanislaus County has been a member jurisdiction in the City of Turlock/Stanislaus HOME Consortium (hereinafter referred to as the “Consortium”) to obtain a direct allocation of funds under the Cranston-Gonzalez National Affordable Housing Act of 1990. The Consortium includes the City of Turlock and all of the Urban County participants. Stanislaus County serving as the lead agency of the Consortium, designated by HUD as the HOME Program Participating Jurisdiction. As such, Stanislaus County is responsible for the disbursement of the HOME funds for HOME-eligible activities in the Consortium Members’ localities. The HOME Consortium includes the unincorporated areas of Stanislaus County and the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford, members must be designated a HOME Sub-recipient in order to implement activities using HOME funds.

Upon execution of these Agreement, the City of Waterford shall be designated as a HOME Subrecipient for the purpose of administering HOME eligible activities.

FISCAL IMPACT:

This agreement secures an allotted amount dedicated funds to the City each year of the agreement.

The Consortium Allocation, Administration Funds, Program Activities, and Agreement Term upon execution of this Agreement, shall be designated to each member as a Consortium Agreement for the purpose of administering HOME-eligible activities. This funding will be disbursed on a reimbursement basis upon receipt of required program forms. In the event that HUD reduces the HOME allocation to the Consortium, MEMBER’S allocation may be reduced. Should MEMBER be unable to draw down all or a portion of its allocated administration funds by June 30 of each year, the remaining HOME funds will revert back to Stanislaus County pursuant to the Re-Allocation Process.

ENVIRONMENTAL REVIEW:

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

ALTERNATIVES:

1. Not approve HOME Investment Partnership Program Consortium Agreements between Stanislaus County and the city of Waterford. Staff does not recommend this as the funding is made available to the City to improve citizen opportunities to federal funding thus improving their quality of life.

2. Provide direction to Staff.

ATTACHMENTS:
• Resolution #2025-41
• Three-Year HOME Investment Partnership Program Consortium Agreement RESOLUTION 2025-41

WATERFORD CITY COUNCIL
RESOLUTION NO. 2025-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERFORD APPROVING A THREE YEAR (October 1, 2026 to September 30, 2029) HOME INVESTMENT

PARTNERSHIP PROGRAM CONSORTIUM AGREEMENT BETWEEN STANISLAUS COUNTY AND THE CITY OF WATERFORD.

WHEREAS, the County of Stanislaus (“County”), a political subdivision of the State of California, and the City of Waterford (“City”) a municipal corporation, desire to participate in the HOME Investment Partnership Program administered by the U.S. Department of Housing and Urban Development (“HUD”); and
WHEREAS, said program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate-income households; and
WHEREAS, HUD requires that the parties enter into a Consortium Agreement for participation in the HOME Investment Partnerships Program for the period of time from October 1, 2026 to September 30, 2029 to define their rights and obligations as a participant in the Program; and WHEREAS, the proposed Consortium Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing; and
WHEREAS, the proposed Consortium Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the U.S. Department of Housing and Urban Development’s HOME Investment Partnership program; thus, making available funds for a variety of housing, economic development, and public services programs not otherwise available; and WHEREAS, the City and County enter into yearly subrecipient agreements which establish administrative policies and procedures, performance standards, and guidelines for funding specific programs and projects; and
WHEREAS, the proposed Consortium Agreement is not a “project” for purposes of compliance with the provisions of the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines.

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

SECTION 1. The City Council hereby approves and authorizes the City Manager to execute the HOME Investment Partnership Consortium Agreement with the County and participating Cities to enable joint participation in HUD’s HOME program in the form attached hereto as Exhibit “A”.

SECTION 2. The City Manager is authorized and to act on behalf of the City in connection with the implementation of the Consortium Agreement, ongoing operation of the HOME program, and other activities necessary to carry out the intent of the Consortium Agreement.

PASSED, APPROVED, AND ADOPTED by the Waterford City Council of the City of Waterford at a regular meeting this 3
rd day of July, 2025, by the following vote:

RESOLUTION 2025-41
AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF WATERFORD
Charlie Goeken, Mayor
ATTEST: APPROVED AS TO FORM:

PATRICIA KRAUSE, CMC, City Clerk CORBETT J. BROWNING, City Attorney 1 STANISLAUS

HOME INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM AGREEMENT Three Year Agreement
October 1, 2026 to September 30, 2029
This Stanislaus HOME Investment Partnerships Program Consortium Agreement (“Agreement”) is between the Cities of Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford, each a municipal corporation of the State of California (individually a “City” and collectively, “Cities”) and Stanislaus County through its Department of Planning and Community Development (the “County”). The Cities and the County are collectively referred to herein as the “Consortium,” or the “Stanislaus HOME Consortium,” or the “Parties”; and individually, “Consortium Member” or “Party”.

WHEREAS, the Parties agree that it is desirable and in the interests of their citizens to secure approval by the federal government to be considered as a consortium under the federal HOME Program operated by the U.S. Department of Housing and Urban Development (“HUD”) as authorized under the HOME Investment Partnerships Act, Title II of the Cranston-Gonzalez National Affordable Housing Act of I990, as amended (hereafter collectively referred to as the “Act,”); and,’
WHEREAS, Title II of the Act creates the HOME Investment Partnerships Program (hereinafter “HOME” or “HOME Program”) that provides funds to states and local governments for acquisition, rehabilitation, and new construction of affordable housing, and tenant-based rental assistance; and,
WHEREAS, the Act provides that units of local government that are geographically contiguous may form a consortium for the purpose of receiving an allocation to participate in the HOME “Program” to be funded by HUD; and,
WHEREAS, the individual municipalities may not separately qualify to receive HOME funds, but by cooperating in a consortium they may as a group become eligible participants as a single participating jurisdiction in the HOME Program; and, WHEREAS, the consortium of geographically contiguous local governments has notified HUD of their intention to participate in the HOME Program; and, WHEREAS, this Agreement constitutes an intergovernmental agreement under California law which meets the criteria pursuant to 24 CFR Part 92.101, and the Consortium Members are authorized to enter into and adopt this Agreement by their respective legislative bodies; and, WHEREAS, the Parties wish to enter into this Agreement to authorize the County to act in a representative capacity for the Cities for the purposes of ensuring that the Consortium’s HOME Program is carried out in compliance with the requirements of 24 CFR Part 92 and 24 CFR

92.101(a)(2)(ii); and,
2 WHEREAS, under 24 CFR 92.101, the Consortium’s qualification as a unit of general local government generally continues for a period of three successive federal fiscal years. As required by applicable regulations, to align the Community Development Block Grant (hereinafter “CDBG”) and HOME qualification cycles, the Parties agree that the term of this agreement shall for a period of three (3) years, from October 1, 2026 to September 30, 2029 (Federal Fiscal Years (“FY”) 2026-2028).

NOW, THEREFORE, the Parties hereby enter into the following Agreement for the purpose of receiving an allocation from the HOME Program.

1. Consortium. This Consortium shall be known as the Stanislaus HOME Consortium. The Consortium Members agree to cooperate to undertake or to assist in undertaking housing assistance activities for the HOME Program, and affirmatively support and enforce fair housing laws and regulations.

2. Lead Agency. The County shall be designated as “Lead Agency” of the Consortium to act in a representative capacity for all Consortium Members for the purposes of administering the HOME Program. The County will assume overall responsibility for ensuring that the Consortium’s HOME Program activities are carried out in compliance with HOME rules, including requirements relating to the Consolidated Plan (described in Section 6, below). No Consortium Member may obstruct the implementation of the Consortium’s approved Consolidated Plan.

3. Designated Representatives.
a. Each Consortium Member (i.e., the governing body or its designee) shall designate one individual from its staff to serve on the ad hoc Technical Committee and the ad hoc Ranking Panel (each, a “Designated Representative”). An alternate may be designated to serve if the Designated Representative is unable to attend. Each Designated Representative shall act on behalf of and in an advisory capacity to its respective jurisdiction. In lieu of staff, each Consortium Member may select one (1) member of the public with experience and knowledge relating to affordable housing development and/or operations to serve on the ad hoc Ranking Panel (“Public Representatives”).
b. An ad hoc Technical Committee consisting of one (1) Designated Representative from the County and one (1) Designated Representative from each participating City will meet from time to time to review, aid in development, and provide recommendations on policies, procedures, and documentation required by HUD for the implementation and administration of the HOME Program. The Technical Committee will facilitate distribution of information to residents within the respective jurisdictions of the HOME Consortium concerning community housing needs and the opportunity to participate in the development of programs and priorities.
c. An ad hoc Ranking Panel consisting of (1) Designated Representative from the County and one (1) Designated Representative from each participating City will meet from time to time to review, evaluate, and rank proposals for designation of Community Housing Development Organizations (“CHDO”) and projects proposing to be funded with HOME funds. 3 The Panel shall convene as determined necessary by the County. Panel rankings will be used by the County in making recommendations for allocation and awarding of funding.

4. Three Year Qualification Period.
a. This Agreement is for funding HOME Program activities for the 2026-2028 FY (October 1, 2026 to September 30, 2029) or until the HOME program funds for the three-year qualification period are closed out pursuant to 24 CFR 92.507, whichever is later. In accordance with 24 CFR 91.402, all units of general government that are Consortium Members must be on the same program year that starts on each July 1st for CDBG, HOME, and Emergency Solutions Grants (“ESG”) programs.
b. Although the current qualification period for the Consortium is three (3) years, members have an obligation to abide by HOME requirements throughout the period of affordability for funded projects.

5. Program Year. The Program Year for the start date for the Consortium is the commencement of the 2026 FY of the Consortium Members, which begins on July 1, 2026 and ends June 30, 2029.

6. Consolidated Plan. The County, on behalf of this Consortium, shall submit to HUD a single, unified “Consolidated Plan,” which describes the Consortium’s strategy for addressing housing, homeless and supportive housing needs, and Citizen Participation Plan. The Consortium shall also submit to HUD “Annual Action Plans” (described in 24 CFR 91.220), Consolidated Annual Performance and Evaluation Reports (“CAPERs”) and other reports, as required by HUD. Per regulation, all Consortium plans and reports shall contain goals and accomplishments for the Consortium.

7. Allocation of Funds.
a. The Consortium Members shall be notified by the County in writing within 30 days of the County receiving official correspondence from HUD of the availability of HOME Program funds for the Consortium. These funds shall be allocated to individual Consortium Members and will be required to be committed to an approved project within six (6) months from July 1 of each year unless such deadline is extended by the County. An approved project shall be a project included within a HUD-certified Annual Action Plan approved by the County. Funds will be considered committed if they are under a fully executed agreement that has been reviewed by and determined adequate by the County, and the environmental determination for the project has been certified by the County. All proposed projects will be submitted to the County for the upcoming fiscal year by January 1 of each year. A City shall not proceed to commit funds without the County’s approval of the project and completion of the environmental review. If funds are not committed within the deadline established by the County, then the funds shall revert back to the County for use in an eligible HUD program as determined by the County. b. If a Consortium Member opts not to accept its annual pro rata share of available HOME Program funds, it must provide written notification to the County. The allocation 4 will be redistributed among all remaining HOME Consortium Members per their pro rata share. A Consortium Member that returns its allocation remains a member of the Consortium. c. When a shared consultant/service provider is hired on behalf of the Consortium, the costs will be shared on a pro-rata basis. This share will be calculated based on the annual Consortium Members’ collective annual HOME allocation. Consortium Member’s pro-rata annual HOME allocation will be reduced by each Consortium Member’s cost share. The decision to hire shared consultants/service providers shall be at the sole discretion of the County.

8. Program Income.
a. Program income must be deposited in the County’s HOME Investment Trust Fund local account unless the County permits the subrecipient to retain the program income for additional HOME projects pursuant to the written agreement required by 24 CFR 92.503 and 504.
b. The County shall be responsible for tracking and determining the use of any program income it receives in accordance with applicable laws and regulations (See 24 CFR

92.503(a)).

9. Matching Funds. Each Consortium Member will be responsible for providing its pro-rata share of matching non-federal funds not previously used each time it makes a draw against its allocation of federal funds from the HOME Program (See 24 CFR 92.218).

10. Non-Appropriation. In the event funds are not appropriated to the HOME program, HUD guidance shall be followed. If grant closeout is required, the County will be responsible for grant close-out, and each City shall cooperate in the effort. The Consortium Members will be responsible for maintaining compliance on previous HOME-funded units.

11. County’s Responsibilities. Each City hereby authorizes the County to act on its behalf in any way required to comply with this Agreement and applicable laws and regulations.

The County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and project grant request and for filing the Annual Action Plan with HUD on an annual basis. The County agrees to:
a. Prepare the Consortium’s Five-Year Consolidated Plan and Annual Action Plans.
b. Prepare the Consortium’s CAPER.
c. Prepare applications, Request for Proposals, and contract templates for CHDOs. Publish Public Notices on CHDO funds.
d. Monitor Consortium Members and CHDOs and prepare monitoring tools.

The County has the right and responsibility to monitor and assure compliance with all HOME requirements during the project implementation and the affordability period. 5 e. Coordinate/chair Consortium meetings, and prepare, maintain, and disseminate agendas, minutes, and records.
f. Coordinate/chair public hearings and publish notices. g. Process agenda items (i.e., plans, intergovernmental agreements, contracts) through the Stanislaus County Board of Supervisors.
h. Submit Requests for Release of Funds documents to HUD on behalf of Consortium Members. Transmit Authority to Use Grant Funds documents from HUD to Consortium Members.
i. Process project setups, revisions, and completion reports. j. Process reimbursement requests from County funds and process drawdowns from HUD.
k. Prepare Consortium financial reports and reconcile with HUD’s financial data.
l. Calculate annual Consortium allocation.
m. Coordinate reallocation of funds when necessary.
n. Provide technical assistance to Consortium Members as needed. o. Facilitate audits and/or monitoring with HUD and State Auditor General. p. Maintain all applicable Stanislaus HOME Consortium application, implementation, and financial files for HOME and CHDO activities. In addition, the County will maintain all files associated with monitoring and reporting to HUD. The County will maintain these administrative and programmatic files according to the current applicable State and Federal record retention schedule and regulations.
q. Procure and contract with shared consultant/services. r. Maintain a Programmatic Agreement with the State Historic Preservation Office (“SHPO”) for Section 106 reviews per 24 CFR Part 58, contingent upon SHPO approval. s. Perform market study to determine annual HOME homeownership value limits and submit to HUD for approval.
t. Serve as the “Certifying Officer” with respect to environmental matters on all Consortium-funded projects. However, no funds may be committed to a HOME activity or project before the completion of the environmental review and approval of the request for release of funds and related certification, except as authorized by 24 CFR part 58. (24 CFR 92.352). 6 u. The County shall receive and allocate administrative funds as set forth in applicable HOME regulations.

12. City Responsibilities. The Cities agree to:
a. Develop criteria for project selection and guidelines for implementation within HUD statutes and regulations.
b. Complete required reports for project set-up and completion; process Deeds of Trust.
c. Review and submit reimbursement requests for its sub-recipients. d. Track payments for each project and submit reimbursement requests to the County for payment.
e. Provide information and data for the Consolidated Plan, Annual Action Plans, CAPERs, and other reports as required by HUD by the date and in the format specified by the County.
f. Support the objectives of the Consortium’s Citizen Participation Plan and the Consolidated Plan.
g. Provide general project oversight for projects within the Consortium Member’s jurisdiction.
h. Attend and participate in the work of the ad hoc Technical Committee meetings and ad hoc Ranking Panels.
i. Participate in Consortium training sessions for subrecipients, as necessary. j. Assist the County in conducting appropriate environmental reviews for all projects in accordance with 24 CFR part 58.
k. Assist the County in completing appropriate environmental clearance documents for all projects, including CHDO projects, administered by the Consortium Member. l. Publish notices when appropriate. Consortium Members will submit any Request for Release of Funds documents to the County for review and forwarding to HUD. m. Submit all financial reimbursement requests, revisions, and completion reports to the County using the County’s approved forms. Each Consortium Member is responsible for requiring that each of its subrecipients follow the terms and conditions of this Agreement, the project-specific agreements and the procedures and time involved for processing activity reimbursement approvals, draws, and payments. Each Consortium Member shall request drawdowns of funds from the County for all activities within its jurisdiction with proper documentation including proof of payment and updated match log. Each Consortium Member shall 7 process and submit reimbursement requests in a timely manner and facilitate the reimbursement process by providing complete and accurate information. n. Report, retain, account for, and expend program income generated in their jurisdictions per federal regulations.
o. Maintain all applicable application, implementation, financial, and program files. The Consortium Member will maintain these administrative and programmatic files according to the current applicable State and Federal record retention schedule and regulations.

No records shall be destroyed by a Consortium Member without obtaining prior written authorization from the County.
p. Monitor rental properties in respective jurisdictions at the specified intervals throughout the period of affordability and submit monitoring reports to the County. q. Carry out activities in compliance with HUD rules and regulations and the requirements of the HOME Program including the provisions of 24 CFR 92.504(c)(2). r. Notify the County of their willingness to participate in a Programmatic Agreement with SHPO for the Stanislaus HOME Consortium. s. Act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all applicable Allocation Agreements, Subrecipient Agreements, and Grant Agreements (collectively, “Program Agreements”). Each City further agrees that it shall fully cooperate with the County in all things required by applicable law and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its regulations.

13. Compliance with Applicable Laws.
a. The Parties acknowledge and agree that some existing programs may need to be modified if they are to be carried out with HOME funds, but the Consortium’s activities do not impact CDBG-funded programs.
b. Each Consortium Member agrees to affirmatively further fair housing as required by 24 CFR Part 91.425(a)(1)(i) and agrees to participate in any HUD-required analysis of fair housing or assessment of fair housing. The Parties agree to comply with all applicable state and federal laws, rules, and regulations regarding equal opportunity, equal access, nondiscrimination, and affirmative action. c. The Consortium shall comply with applicable California open meeting (when applicable), public records, ethics laws and all other applicable laws and regulations. d. The environmental effects of activities carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD’s implementing regulations at 24 CFR parts 50 and 58. The applicability of the provisions of 24 CFR part 50 or part 58 is based on the HOME project (new construction, rehabilitation, acquisition) or activity (tenant-based rental 8 assistance) as a whole, not on the type of the cost paid with HOME funds. The County is the responsible entity for the environmental review and each City agrees to assist the County by securing all information and documentation relating to projects within their respective jurisdictions under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), if required, including paying for consulting services and technical evaluations, and providing the same to the County for final review and approval. e. Each Consortium Member must adopt and follow affirmative marketing procedures and a minority outreach program as required by 24 CFR 92.351. f. Consortium Members shall comply with applicable conflict of interest provisions, including 24 CFR Part 85 and those contained in 24 CFR 92.356. g. The County, as Lead Agency, shall monitor Program activities so that the Consortium’s HOME Program is carried out in compliance with HUD rules and regulations and the requirements of the HOME Program. These requirements include a Consolidated Plan in accordance with HUD regulations 24 CFR Parts 91 and 92 and the requirements of 24 CFR 92.350 and all related regulations and notices required by HUD for administration. As Lead Agency, the County shall be responsible for the administration of the Consortium HOME funds. As such, the County has been designated the participating jurisdiction by HUD in the HOME Program. h. The requirements of 2 CFR part 200 apply to this Agreement, except for the following provisions: 200.306, 200.307, 200.308 (not applicable to participating jurisdictions), 200.311 (except as provided in 92.257), 200.312, 200.329, 200.333, and 200.334. The provisions of 2 CFR 200.305 apply as modified by 92.502(c). If there is a conflict between definitions in 2 CFR part 200 and 24 CFR part 92, the definitions in 24 CFR part 92 shall govern. i. The requirements of 24 CFR 92.252 shall apply to affordable housing/rental units.
j. The requirements of 24 CFR 92.300 and 92.301 shall apply to allocations for housing programs to be owned, developed, or sponsored by community housing development organizations (CHDO programs).
k. The requirements of 40 CFR Subpart H-Other Requirements, are applicable to this Agreement, including:

68.200 Recordkeeping.

68.210 Availability of information to the public.

68.215 Permit content and air permitting authority or designated agency requirements.

68.220 Audits
l. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision 9 is not inserted, or is not correctly inserted, then upon the application of any Party, the Agreement shall forthwith be physically amended to make such insertion or correction.

14. Default and Remedial Action. Pursuant to 2 CFR 200, et seq., if a Consortium Member fails to comply with any term(s) outlined in this Agreement or the Program Agreements, the County may take corrective or remedial action against the Consortium Member in accordance with 24 CFR and 24 CFR 92.552.

15. Claims and Indemnification.
a. To the fullest extent permitted by law, a Party (including its employees, agents, elected officials and volunteers) whose act, omission, negligence, misconduct or other fault gives rise to any claim, loss, liability, cost, or expense, including, but not limited to, reasonable attorneys’ fees, court costs, penalties, claims for reimbursement and sanctions (hereinafter collectively referred to as “claims”), made by HUD or any third party shall defend and hold harmless the other Parties from and against any and all such claims. b. Each City agrees to indemnify and hold harmless the County and each of their respective officers, directors, agents, designated representatives, employees and affiliates (“Indemnified Parties”) from any all claims arising out of, or in any way related to any its negligence or wrongful acts, breach or failure to comply with the terms and conditions of this Agreement, or failure to comply with applicable law. The obligations under this provision are independent of all other rights or obligations set forth herein. This indemnification provision shall survive the disbursement of the Award funds, as well as any termination of this Agreement.

16. Audit. Each City agrees to cooperate, at no cost to the County, in any audit of Program activities involving Program Funds received by that City, including not limited to preparing appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 24 CFR 200.510; promptly follow up and take corrective action on audit findings; comply with any corrective action plans issued in connection with the audit; and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required applicable regulations.

17. Reallocation of Funds. During administration of the HOME Program, the Consortium may determine that there are circumstances under which reallocation of certain Consortium Member(s) and/or CHDO(s) HOME Program Funds is necessary. Reallocation may be made by the County or as set forth in 92 CFR 450 et seq.

18. Withdrawal/New Members.
a. Except as provided by law, Consortium Members are prohibited from withdrawing from the Consortium during the qualification period of this Agreement. b. New Members may be added to the Consortium upon consent of a simple majority of the Consortium Members. When a new Member is added, the Agreement will be amended accordingly, and the Parties agree to execute such further instruments as may be 10 reasonably required to effect such amendment. The Agreement will be amended in the federal fiscal year before the year in which the new Member is to be added.

19. Departing Consortium Member. In the event a Consortium Member elects to no longer participate in the Consortium, such decision is effective only at the conclusion of the qualification period. The following duties and obligations will be required with respect to those Consortium funds controlled by the departing Consortium Member:
a. Planning and Reporting.
i. The departing Consortium Member shall use its own Citizen Participation Plan for all Consortium-funded projects committed after the date of separation. The departing Consortium Member shall maintain all appropriate reports as described in the Agreement, on all Consortium-funded projects for the entirety of each project’s respective affordability period.
ii. The departing Consortium Member shall remit these reports to the County upon request.
b. Monitoring.
i. The departing Consortium Member shall maintain separate records for all Consortium-funded projects in accordance with the applicable Consortium policy and shall provide these reports to the County upon request.
ii. The departing Consortium Member shall monitor its subrecipient and CHDO agreements related to projects funded by the departing Consortium Member in accordance with the applicable HUD regulations for the entirety of each applicable affordability period.
c. Meetings.
i. The departing Consortium Member may participate in Consortium meetings in a non-voting capacity until all Consortium funds held by the departing Consortium Member as of the date of separation have been expended. d. Unencumbered/unexpended funds.
i. Consortium HOME funds allocated prior to the date of separation, shall not be commingled with any other HOME funds in any one project. ii. All funds allocated to the departing Consortium Member by the Consortium must be encumbered before encumbering funds granted to the departing Consortium Member directly by HUD.
iii. If departing Consortium Member encumbers the bulk of Consortium funds, but funds remain, the departing Consortium Member shall return the funds to the Consortium.
11 iv. The departing Consortium Member shall return to the Consortium any Consortium funds allocated to the departing Consortium Member that have not been expended by the expenditure and encumbrance timelines specified in this Agreement. v. The departing Consortium Member shall name the County as Lead Agency and beneficiary on documents (e.g., deeds of trust, liens) associated with any Consortiumfunded projects that the departing Consortium Member enters into and shall modify all documents necessary to meet this requirement.
e. Program Income.
i. The departing Consortium Member shall remit to the County all program income received attributable to Consortium-funded projects. (See 24 CFR 92.503(a)). ii. The County, as Lead Agency, shall be responsible for using any program income it receives in accordance with applicable statutes and regulations and shall reallocate such funds according to the Consortium Reallocation Policy. f. Match.
i. The departing Consortium Member shall retain any match credits held by the departing Consortium Member as of the date of separation, to be used in accordance with statute and HUD regulations and guidelines.
ii. The departing Consortium Member shall apply match credits to Consortium-funded projects first; when those projects have the full required match amount, then the departing Consortium Member may apply the credits to the departing Consortium Member’s funded projects.

20. General Provisions.
a. This Agreement may be amended by the County and such amendments shall be effective upon notice to the other Consortium Members. b. 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 all Parties had in fact drafted this Agreement. c. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of any Party during the term of this Agreement, which any Consortium Member shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first class mail to the respective Parties as set forth in Attachment 1 to this Agreement.
d. This Agreement shall be deemed to be made under, and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to 12 enforce the terms or provisions of this Agreement shall have venue in the County of Stanislaus, State of California.
e. Each Consortium Member has authorized the undersigned person signing as officers on behalf of the local agency, to enter into this Agreement on behalf of said local agency and to bind the same to this Agreement, and, further that said local agency has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Agreement. f. The Chief Executive Officer of the County and the City Manager of each City must sign this Agreement. This Agreement must include as attachments the authorizing resolutions from the governing body of each Consortium Member stating that the party signing the Agreement has the authority to sign the Agreement.
g. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first hereinabove written.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
13 STANISLAUS COUNTY:

By _____________________________ ________________________ Jody Hayes Dated
Chief Executive Officer
APPROVED AS TO CONTENT:

Angela Freitas, Director
Planning and Community Development Department
By ____________________________
Angela Freitas
Director

OPINION OF LEAD AGENCY COUNSEL
The undersigned has reviewed this Agreement and has concluded that the terms and provisions of the Agreement are fully authorized under state and local law and that the Agreement provides full legal authority for the Consortium to undertake or assist in undertaking housing assistance activities for the HOME Program.

Stanislaus County Counsel
Thomas E. Boze
By ____________________________
Thomas E. Boze
County Counsel
14 CITY OF CERES:

By ___________________________ ________________________ Javier Lopez Dated
Mayor
ATTEST:

By ___________________________
Fallon Martin
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Doug Dunford
City Manager
APPROVED AS TO FORM:

By ___________________________
Nubia Goldstein
City Attorney
15 CITY OF HUGHSON:

By ___________________________ ________________________ George Carr Dated
Mayor
ATTEST:

By ___________________________
Ashton Gose
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Dominique Romo
City Manager
APPROVED AS TO FORM:

By ____________________________
Andy Pinasco
City Attorney
16 CITY OF NEWMAN:

By ___________________________ ________________________ Casey Graham Dated
Mayor
ATTEST:

By ___________________________
Mike Maier
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Michael E. Holland
City Manager
APPROVED AS TO FORM:

By ____________________________
Nubia Goldstein
City Attorney
17 CITY OF OAKDALE:

By ___________________________ ________________________ Cherilyn Bairos Dated
Mayor
ATTEST:

By ___________________________
Patrick Mondragon
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Jerry Ramar
Interim City Manager
APPROVED AS TO FORM:

By ____________________________
Tom Hallinan
City Attorney
18 CITY OF PATTERSON:

By ___________________________ ________________________ Micheal Clauzel Dated
Mayor
ATTEST:

By ___________________________
Aracely Alegre
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Fernando Ulloa
City Manager
APPROVED AS TO FORM:

By ____________________________
Nubia Goldstein
City Attorney
19 CITY OF RIVERBANK:

By ___________________________ ________________________ Rachel Hernandez Dated
Mayor
ATTEST:

By ___________________________
Gabriela Hernandez
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Marisela Garcia
City Manager
APPROVED AS TO FORM:

By ___________________________
Tom Hallinan
City Attorney
20 CITY OF TURLOCK:

By ___________________________ ________________________ Amy Bublak Dated
Mayor
ATTEST:

By ___________________________
Nicole Fiez
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Sue Borrego
Interim City Manager
APPROVED AS TO FORM:

By ___________________________
George A. Petrulakis
City Attorney
21 CITY OF WATERFORD:

By ___________________________ ________________________ Charlie Goeken Dated
Mayor
ATTEST:

By ___________________________
Patricia Krause
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Michael G. Pitcock
City Manager
APPROVED AS TO FORM:

By ___________________________
Corbett Browning
City Attorney
22 Attachment 1
Consortium Member Notice Information
Stanislaus County
Department of Planning and Community Development
1010 10th Street, Suite 3400
Modesto, CA 95354
City of Ceres
Department of Planning and Building
2720 Second Street
Ceres, CA 95307
City of Hughson
Department of Community Development
P.O. Box 9
Hughson, CA 95326
City of Newman
Department of Community Development
P.O. Box 787
Newman, CA 95360
City of Oakdale
Department of Community Development
455 S. Fifth Street
Oakdale, CA 95361
City of Patterson
Department of Community Development
P.O. Box667
Patterson, CA 95363
City of Riverbank
Department of Economic Development and Housing
6707 3rd Street
Riverbank, CA 95367
City of Turlock
Planning Division
156 S. Broadway, Ste. 120
Turlock, CA 95380-5456
City of Waterford
City Manager’s Office
P.O. Box 199
Waterford, CA 95386
General Business 6c
July 3, 2025
Lonnie Statzer Public Works Director
City Council Staff Report
Resolution: Approving Resolution 2025-42, Approving a Three Year Intergovernmental Cooperation Agreement (October 1, 2026 to September 30, 2029) between the County of Stanislaus and the City of Waterford for Joint Participation in the Community Development Block Grant Program.

SUMMARY:

Council will consider approving a resolution accepting a three year Intergovernmental Cooperation Agreement (October 1, 2026 to September 30, 2029) between the County of Stanislaus and the City of Waterford for joint participation in the Community Development Block Grant Program.

ANALYSIS:

This program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate-income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing-related facilities, or services. To qualify for CDBG funds under HUD eligibility guidelines, the County must have a population of at least 200,000 persons. HUD requires that the parties enter into a Cooperation Agreement between the County of Stanislaus and the City of Waterford for joint participation in the Community Development Block Grant Program and the Emergency Solutions Grant Program for the period of time from October 1, 2026 to September 30, 2029 to define their rights and obligations as a prerequisite to participation in the CDBG program. The proposed Cooperation Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the HUD’s CDBG program under an “Urban County” entitlement; thus, making available funds for a variety of housing, economic development, and public services programs not otherwise available. The City and County will enter into yearly Subrecipient Agreements which will establish administrative policies and procedures, performance standards, and guidelines for funding specific CDBG programs and projects.

FISCAL IMPACT:

This agreement secures an allotted amount of funds dedicated to the City each year.

ENVIRONMENTAL REVIEW:

ALTERNATIVES:

1. Not approve and accept the funding as outlined in the agreement. Staff does not recommend this alternative as these funds can be used by members of our community.

2. Provide direction to Staff.

ATTACHMENTS:
• Resolution #2025-42
• Intergovernmental Cooperation Agreement
RESOLUTION 2025-42

WATERFORD CITY COUNCIL
RESOLUTION NO. 2025-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERFORD APPROVING A INTERGOVERNMENTAL COOPERATION THREE YEAR AGREEMENT (OCTOBER 1, 2026 TO SEPTEMBER 30,2029). BETWEEN THE COUNTY OF STANISLAUS AND THE CITY OF

WATERFORD FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

WHEREAS, the County of Stanislaus (“County”), a political subdivision of the State of California, and the City of Waterford (“City”) a municipal corporation, desire to participate in the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development (“HUD”); and
WHEREAS, said program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderateincome households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing-related facilities, or services; and WHEREAS, to qualify for CDBG funds under HUD eligibility guidelines, the County must have a population of at least 200,000 persons; and
WHEREAS, HUD requires that the parties enter into a Cooperation Agreement between the County of Stanislaus and the City of Waterford for joint participation in the Community Development Block Grant Program and the Emergency Solutions Grant Program for the period of time from October 1, 2026 to September 30, 2029 to define their rights and obligations as a prerequisite to participation in the CDBG program; and
WHEREAS, the proposed Cooperation Agreement is consistent with the City and County General Plans and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing; and WHEREAS, the proposed Cooperation Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the HUD’s CDBG program under an “Urban County” entitlement; thus, making available funds for a variety of housing, economic development, and public services programs not otherwise available; and WHEREAS, the City and County will enter into yearly Subrecipient Agreements which will establish administrative policies and procedures, performance standards, and guidelines for funding specific CDBG programs and projects; and
WHEREAS, the proposed Cooperation Agreement is not a “project” for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

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

SECTION 1. The City Council hereby approves and authorizes the Mayor to enter into the Cooperation Agreement with the County to enable joint participation in HUD’s CDBG Program in the form attached hereto as Exhibit “A”.

SECTION 2. The City Manager or his/her designee is hereby authorized to act on behalf of the RESOLUTION 2025-42
City in connection with the implementation of the Cooperation Agreement, ongoing operation of the CDBG program, and other activities necessary to carry out the intent of the Cooperation Agreement.

PASSED, APPROVED, AND ADOPTED by the Waterford City Council of the City of Waterford at a regular meeting this 3
RD day of July, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF WATERFORD
Charlie Goeken, Mayor
ATTEST: APPROVED AS TO FORM:

PATRICIA KRAUSE, CMC, City Clerk CORBETT J. BROWNING, City Attorney 2026-2028 CDBG Urban County Intergovernmental Cooperation 1 INTERGOVERNMENTAL COOPERATION AGREEMENT

STANISLAUS URBAN COUNTY

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Three Year Agreement
October 1, 2026 to September 30, 2029
This Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program for Federal Fiscal Years (“Federal FY”) 2026-2028 (which begins on October 1, 2026 and ends on September 30, 2029) Agreement”) is made and entered into this ___ day of June, 2025, by and between the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford, each a municipal corporation of the State of California (individually a “City” and collectively, “Cities”) and Stanislaus County through its Department of Planning and Community Development (the “County”). The Cities and the County are collectively referred to herein as the “Parties”; and individually, a “Party”.

WITNESSETH
WHEREAS, in 1974, the U.S. Congress enacted, and the President signed a law entitled The Housing and Community Development Act of 1974, herein called the “Act”. The Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and
WHEREAS, Title I of the Act is entitled “Community Development” and governs programs for housing and community development within metropolitan cities and urban counties or communities by providing financial assistance annually for area-wide plans and for housing, public services and public works programs; and
WHEREAS, the Community Development Block Grant Program (hereinafter referred to as “CDBG”), the HOME Investment Partnerships Act Program (hereinafter referred to as “HOME Program”), and the Emergency Solutions Grants Program (hereinafter referred to as “ESG”) are consolidated under Title I of the Act (collectively, the “Programs”); funds from the Programs are referred to herein as “Program Funds”; and
WHEREAS, the Stanislaus Urban County (herein referred to as “Urban County formed in 2000 to receive entitlement CDBG and ESG funds. The Urban County includesthe unincorporated areas of Stanislaus County and the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford; and
WHEREAS, since 2023, The County has been the lead agency for the Stanislaus HOME Consortium (hereinafter referred to as the Consortium) to obtain a direct allocation of funds under the Cranston-Gonzalez National Affordable Housing Act of 1990. The Consortium includes all of the Urban County participants and the City of Turlock; and 2026-2028 CDBG Urban County Intergovernmental Cooperation 2 WHEREAS, because Turlock opted out of the Urban County, Turlock is not entitled to receive any Program Funding under this Agreement. However, the County and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford have entered into or will enter into a separate Consortium Agreement relating to funding through the HOME Program Consortium Agreement ; and
WHEREAS, the CDBG regulations issued pursuant to the Act provide that qualified urban counties must submit an application to the U.S. Department of Housing and Urban Development (“HUD”) for Program Funds, and cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive County effort; and
WHEREAS, to have their populations counted and to be eligible for an allocation of grant funding, the Cities desire to participate jointly with the County in the Programs; and WHEREAS, as the Urban County applicant, the County must take responsibility and assume all obligations of an applicant under federal statues, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; and WHEREAS, by executing this Agreement, the Parties hereby give notice of their intention to participate in the Programs.

NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows:

1. Scope of Agreement. This Agreement covers the CDBG Entitlement program and, where applicable, the HOME Investment Partnerships (HOME), and Emergency Solutions Grants (ESG) Programs (i.e., where the Urban County receives funding under the ESG program, or receives funding under the HOME program as an urban county or as a member of a HOME consortium).

2. Full Cooperation and Affordable Housing. The County and the Cities, each as a cooperating unit of general local government, agree to cooperate to undertake, or assist in undertaking, essential community renewal and lower-income housing assistance activities.

3. Term of Agreement.
a. The term of this Agreement shall be for a period of three (3) years commencing on October 1, 2026 and ending on September 30, 2029 (Federal FY 2026-2028), for the County/City program years commencing on July 1, 2026 and ending on June 30, 2029.

The qualification period for the Urban County is Federal FY 2026-2028. b. This Agreement shall remain in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities 2026-2028 CDBG Urban County Intergovernmental Cooperation 3 completed. The County and each City cannot terminate or withdraw from this Cooperation Agreement while it remains in effect.
c. By the date specified in HUD's Urban County qualification notice forthe next three-year qualification period, theCounty will notify eachCity in writing ofitsright not to participate.

A copy of the County's notifications must be sent to the HUD Field Office by the date specified in the Urban County qualification schedule.

4. Responsible Officers. The County’s Chief Executive Officer is the responsible officer for the County, and the Director of the Stanislaus County Department of Planning and Community Development (hereinafter referred to as “Director is hereby authorized to implement and administer Program activities and requirements on behalf of the County. The City Manager or his/her designee for each City is hereby authorized to act as the responsible officer for each City under the Programs.

5. Cities as Subrecipients.
a. Pursuant to the Act and 24 CFR 570.501(b), each City is subject to the same requirements applicable to subrecipients as set forth in 24 CFR 570.503. Where a City carries out an eligible activity funded by the Urban County, the Urban County and the City shall, prior to disbursing any Program Funds for any such activity or project, execute a written “Subrecipient Agreement” containing the minimum requirements found at 24 CFR 570.503. The Subrecipient Agreement must remain in effect during any period that the unit of local government has control over CDBG funds, including program income.
b. The written Subrecipient Agreement between the County and each City shall specify whether program income received is to be returned to the County or retained by the City. Where program income is to be retained by the City, the Subrecipient Agreement shall specify the activities that will be undertaken with the program income and that all provisions of the written agreement shall apply to the specified activities. (See 24 CFR 570.504).

6. Acknowledgement by Cities. By executing this Agreement, each City understands that it a) may not apply for grants from appropriations under the State CDBG Program for the fiscal years during the period in which it participates in the Urban County's CDBG program; and b) may only receive HOME Program and ESG formula-allocated funds through the Urban County.
2026-2028 CDBG Urban County Intergovernmental Cooperation 4 7. Ad Hoc Committee and Panel.
a. Each Party to this Agreement (i.e., the governing body or its designee) shall designate one individual from its staff to serve on the ad hoc Technical Committee and the ad hoc Ranking Panel (each, a Designated Representative An alternate may be designated to serve if the Designated Representative is unable to attend. Each Designated Representative shall act on behalf of and in an advisory capacity to its respective jurisdiction. In lieu of staff, each Party may select one (1) member of the public to serve on the ad hoc Ranking Panel (“Public Representatives”). b. d Representative from the County and one (1) Designated Representative from each participating City will meet from time to time to review, aid in development, and provide recommendations on policies, procedures, and documentation required by HUD for the implementation and administration of Program Funds. The Technical Committee will facilitate distribution of information to residents within their respective jurisdictions and the opportunity to participate in the development of programs and priorities.
c. An ad hoc Ranking Panel consisting of (1) representative from the County, one (1) Designated Representative from each participating City will meet from time to time to review, evaluate, and rank projects proposing to be funded with Program Funds. The Panel shall convene as determined necessary by the County. Panel rankings will be used by the County in making recommendations for allocation and awarding of funding.

8. Consolidated Plan.
a. Each City shall assist the County by participating in the preparation of a “Consolidated Plan” pursuant to 24 CRF 91.1-91.600, which identifies community development and housing needs, projects and programs for each City, and specifies both short and longterm City objectives, consistent with requirements of the Act. The County agreesto: (1) include City selected projects to be funded by the City’s allocation, and (2) take into consideration each City’s priorities assubmitted by each City. b. The County has final responsibility for selecting CDBG (and, where applicable, HOME and ESG) activities and submitting the Consolidated Plan to HUD. As lead agency for the HOME Consortium, the County will approve the Consolidated Plan for the entire geographic area encompassed by the Consortium prior to its submittal to HUD. The Parties hereto agree that the responsible entity with the final responsibility for analyzing needs, setting objectives, developing plans, selecting projects for community development and housing assistance, selecting CDBG Public Service and ESG programs to be funded, and filing the Consolidated Plan, and other plans and reports required by the Act, such as the “Annual Action Plan”, is the County. 2026-2028 CDBG Urban County Intergovernmental Cooperation 5 c. Each City understands and agrees that the County shall have final responsibility for selecting the Program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis.
d. During the period of time during which the County has qualified as an Urban County, the Parties agree not to veto or otherwise obstruct the implementation of the approved Consolidated Plan during that three-year period and for such additional time as may be required for the expenditure of funds granted for that period.

9. Grant Eligibility. The Parties acknowledge that they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during which the Parties are participating in the Urban County CDBG entitlement program; and further, each City shall not be eligible to participate in the HOME, or ESG Programs except through the Urban County or the Consortium Agreement.

10. County Responsibility.
a. The County shall, as applicant, be responsible for holding meetings and preparing and submitting the required plans and applications for CDBG, HOME and ESG Program Funding as required by the Act and the applicable federal regulations. b. The County shall be the primary general-purpose local governmental unit pursuant to the Act. The County shall apply for grants, execute grant agreements, administer all funds received, and undertake or assist in undertaking essential community development and housing assistance activities. The County shall have the authority to carry out activities which will be funded from annual Program Funds covered by this Agreement. Records shall be kept by County in accordance with approved accounting procedures and said records shall be available for public inspection at all times. The County shall be responsible thereunder for the proper performance, implementation or monitoring of the plans and the Programs.
c. The environmental effects of activities carried out with Program Funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The County is the responsible entity for the environmental review and each City agrees to assist the County by securing all information and documentation relating to projects within their respective jurisdictions under NEPA and the California Environmental Quality Act (CEQA), if required, including paying for consulting services and technical evaluations, and providing the same to the County for final review and approval. 2026-2028 CDBG Urban County Intergovernmental Cooperation 6 11. City Responsibilities.
a. Each City agrees to undertake the necessary actions to support the County’s efforts to obtain Program Funding, and to meet the requirements of the Programs under the Act and the applicable laws and regulations.
b. Each City agrees to act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under the Consortium Agreement (when applicable), the Allocation Agreement(s), Subrecipient Agreement(s) and all Grant Agreements (collectively, “Program Agreements ).

12. Compliance with Urban County Certification and Applicable Laws. a. The County and each City agreesto take all actions necessary to assure compliance with the Urban County's certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), and the implementing regulations at 24 CFR part 100, and the duty to affirmatively further fair housing. See 24 CFR § 91.225(a) and 24 CFR §§ 5.151 and 5.152.
b. These requirements include the obligation to comply with section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates: Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8; Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35; the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146; and Section 3 of the Housing and Urban Development Act of 1968. The County and the Cities also agree to comply with other applicable laws. This Agreement prohibits Urban County funding for activities that do not affirmatively further fair housing within its own jurisdiction or that impede the County’s actions to comply with the County’s fair housing certification.

13. Program Funding
a. All funds received by the County pursuant to this Agreement shall be identified and allocated pursuant to HUD regulations and as described in the Annual Action Plan to the specific HUD approved projects or activities; provided, however, that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 1974, as amended.
b. The County shall notify the participating Cities of the availability of the funds. It is understood by the Parties, hereto, the Program Funds being used for the purposes of this Agreement are funds furnished to the County, through HUD, pursuant to the provisions of the Act. Notwithstanding any other provision of this Agreement, the 2026-2028 CDBG Urban County Intergovernmental Cooperation 7 liability of the County shall be limited to Program Funds actually received by the County. Each City understands that the County must wait for release of Program Funds from HUD before the funds may be distributed. The County shall incur no liability to any City, its officers, agents, employees, suppliers, or contractors for any delay in making any such payments. All requests for payment requests must be made on forms approved by HUD and the County, with supporting documentation required by HUD and the County.
c. Program administrative costs may be allocated pursuant to 24 CFR 570.206 and applicable laws and regulations.

14. d fifteen (15) percent of the total annual CDBG funds, may be allocated for eligible public services, as defined in 24 CFR 570.201, and related projects. Eligible public services (labor, supplies, and materials) include but are not limited to those concerned with employment, crime prevention, childcare, health, drug abuse, education, fair housing counseling, energy conservation, welfare (but excluding the provision of income payments identified under 24 CFR 570.207(b)(4)), homebuyer down payment assistance, or recreational needs. (24 CFR 570.201(e)).

15. Program Income.
a. Program income shall be tracked received, expended and reported as required by 24 CFR 570.504 and applicable laws and regulations.
b. The County shall monitor the use of any program income. Each City shall maintain appropriate record-keeping and provide prompt reporting of program income.

16. Change in Use of Property. A City shall obtain the County’s prior written approval to modify or change the use of real property acquired or improved in whole or in part using Program Funds, to a use which was not contemplated at the time of acquisition or improvement, including disposition. Such notification shall be made within six (6) months before the effective date of such proposed change of use, and any change in use shall comply with the provisions of 24 CFR 570.505.

17. Fair Housing Implementation. The Parties agree no Program Funds shall be allocated or expended for activitiesin or in support of any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s actions to comply with its fair housing certification. 2026-2028 CDBG Urban County Intergovernmental Cooperation 8 18. Claims and Indemnification.
a. To the fullest extent permitted by law, a Party (including its employees, agents, elected officials and volunteers) whose act, omission, negligence, misconduct or other fault gives rise to any claim, loss, liability, cost or expense, including, but not limited to, reasonable attorney’s fees, court costs, penalties, claims for reimbursement and sanctions (hereinafter collectively referred to as “claims”), made by HUD or any third party shall defend and hold harmless the other Parties from and against any and allsuch claims.
b. Each City agrees to indemnify and hold harmless the County and each of their respective officers, directors, agents, designated representatives, employees and affiliates (“Indemnified Parties”) from any all claims arising out of, or in any way related to any its negligence or wrongful acts, breach or failure to comply with the terms and conditions of this Agreement or the Program Agreements, or failure to comply with applicable law. The obligations under this provision are independent of all other rights or obligations set forth herein. This indemnification provision shall survive the disbursement of the Award funds, as well as any termination of this Agreement or the Program Agreements.

19. Audit. Each City agrees to cooperate, at no cost to the County, in any audit of Program activities involving Program Funds received by that City, including not limited to preparing appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 24 CFR 200.510; promptly follow up and take corrective action on audit findings; comply with any corrective action plans issued in connection with the audit; and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required applicable regulations.

20. Default and Remedial Action. Pursuant to 2 CFR 200, et seq., if a Party fails to comply with any term(s) outlined in this Agreement or the Program Agreements, the County may take appropriate corrective or remedial action against the defaulting Party in accordance with 2 CFR 570.910.

21. Consolidated and Further Continuing Appropriations Act. Parties to this Agreement understand and agree that they may not sell, trade, or otherwise transfer all of any portion of Program Funds to another metropolitan city, Urban County, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives Program Funds in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under Title I of the Act.

22. Allocation Agreement. For each fiscal year during the term of this Agreement, the County and each City may enterinto an “Annual Allocation Agreement,” prepared jointly by theCounty and each City, which identifies each City’s annual allocation of Program Funds that the County will administer during that programyear. The reimbursementsmade shall not exceed the amount of the annual allocation.
2026-2028 CDBG Urban County Intergovernmental Cooperation 9 23. Amendments. Any amendments to this Agreement shall be in writing. Parties agree any such fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any related grant agreement or the regulations issued pursuant to the Act. Periodically, statutory or regulatory changes may require the County to amend this Agreement to add the new provision(s). The County may draft a separate amendment to its existing agreements that includes the new provision(s) rather than drafting a new Cooperation Agreement that contains the new provisions. However, the separate amendment must be executed by the City Manager of each of the Cities or his/her designee.

24. Compliance with Federal Laws and Regulations.
a. General. The Parties agree to take all actions necessary to assure compliance with the Urban County’s certifications required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, affirmatively furthering fair housing, Section 109 of Title I of the Housing and Community Development Act of 1974; the National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Act of 1970; and other applicable laws. b. Citizen Participation. The Parties agree to comply with federal citizen participation requirements of 24 CFR Part 91, and provide citizens with:
i) An estimate of the amount of Program Funds proposed to be used for activities that will benefit persons of low and moderate income; and ii) A plan for minimizing displacement of persons as a result of Program - assisted activities and programs, and to provide assistance to such persons. c. Citizen Participation Plan. The Parties agree to follow a citizen participation plan which:
i) Provides for and encourages citizen participation, particularly those of low or moderate income who reside in slum and blighted areas where CDBG funds are proposed to be used;
ii) Provides citizens with reasonable and timely access to local meetings, staff reports, and other information relating to grantee’s proposed used of funds, as required by HUD regulations related to the actual use of funds under the Act; iii) Provides for meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least: 1) formulation of needs; 2) review of proposed grant activities; and 3) review of program performance; for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation of handicapped persons; 2026-2028 CDBG Urban County Intergovernmental Cooperation 10 iv) Provides for a timely written answer to written complaints and grievances, within fifteen (15) working days where practicable;
v) Identifies how the needs of non-English speaking residents will be met in the case of meetings where a significant number of non-English speaking residents can be reasonably expected to participate.

25. Conflict of Interest. No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement.

26. Influence. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

27. Certifications Disclosure. The Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was entered into.
a. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101-144 (the 1990 HUD Appropriations Act), each Party certifies that it has adopted and is enforcing:
i) A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in nonviolent civil rights demonstrations; and ii) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within their jurisdictions.

28. Qualification Documentation. A fully executed copy of this Agreement, together with the approving resolutions of the County and each City, shall be submitted to HUD by the County as part of its qualification documentation and each City does hereby give the County the authority to carry out Program activities and projects which will be funded from annual Program Funds during the term of this agreement and from any Program income generated from the expenditures of those funds.
2026-2028 CDBG Urban County Intergovernmental Cooperation 11 29. HUD Certification. Program recipients shall make all certifications required under 24 CFR

91.225 and applicable laws and regulations.

30. Maintenance of Records. Each City shall maintain records of activities for any projects undertaken pursuant to the Programs and said records shall be open and available for inspection by auditors assigned by HUD and/or the County on reasonable notice during the normal business hours of each City.

31. General Provisions.
a. Headings and 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.
b. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which any Consortium Member shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first class mail to the respective parties as set forth in Attachment 1 to this Agreement. c. This Agreement shall be deemed to be made under and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Agreement shall have venue in the County of Stanislaus, State of California.
d. The Board of Supervisors of the County and the City Council of each City shall authorize this Agreement. The Chief Executive Officer of the County and the Mayor of each City, or their authorized designees, are authorized to execute this Agreement on behalf of their respective jurisdictions. This Agreement must include as attachments the authorizing resolutions from each governing body stating that the party signing the agreement has the authority to sign the Agreement.
e. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first hereinabove written.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
2026-2028 CDBG Urban County Intergovernmental Cooperation 12 STANISLAUS COUNTY:

By
Jody Hayes Dated
Chief Executive Officer
APPROVED AS TO CONTENT:

Angela Freitas, Director
Planning and Community Development Department
By
Angela Freitas
Director

OPINION OF COUNTY COUNSEL
The terms and provisions of this Agreement are fully authorized under Federal, State and local law.

This Agreement provides the legal authority for Stanislaus County to undertake, or assist in undertaking, essential community renewal and lower income housing assistance activities.

STANISLAUS COUNTY COUNSEL
Thomas E. Boze
By:

Thomas E. Boze
County Counsel
2026-2028 CDBG Urban County Intergovernmental Cooperation 13 CITY OF CERES:

By ___________________________ ________________________ Javier Lopez Dated
Mayor
ATTEST:

By ___________________________
Fallon Martin
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Doug Dunford
City Manager
APPROVED AS TO FORM:

By ___________________________
Nubia Goldstein
City Attorney
2026-2028 CDBG Urban County Intergovernmental Cooperation 14 CITY OF HUGHSON:

By ___________________________ ________________________ George Carr Dated
Mayor
ATTEST:

By ___________________________
Ashton Gose
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Dominique Romo
City Manager
APPROVED AS TO FORM:

By ____________________________
Andy Pinasco
City Attorney
2026-2028 CDBG Urban County Intergovernmental Cooperation 15 CITY OF NEWMAN:

By ___________________________ ________________________ Casey Graham Dated
Mayor
ATTEST:

By ___________________________
Mike Maier
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Michael E. Holland
City Manager
APPROVED AS TO FORM:

By ____________________________
Nubia Goldstein
City Attorney
2026-2028 CDBG Urban County Intergovernmental Cooperation 16 CITY OF OAKDALE:

By ___________________________ ________________________ Cherilyn Bairos Dated
Mayor
ATTEST:

By ___________________________
Patrick Mondragon
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Jerry Ramar
Interim City Manager
APPROVED AS TO FORM:

By ____________________________
Tom Hallinan
City Attorney
2026-2028 CDBG Urban County Intergovernmental Cooperation 17 CITY OF PATTERSON:

By ___________________________ ________________________ Micheal Clauzel Dated
Mayor
ATTEST:

By ___________________________
Aracely Alegre
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Fernando Ulloa
City Manager
APPROVED AS TO FORM:

By ____________________________
Nubia Goldstein
City Attorney
2026-2028 CDBG Urban County Intergovernmental Cooperation 18 CITY OF RIVERBANK:

By ___________________________ ________________________ Rachel Hernandez Dated
Mayor
ATTEST:

By ___________________________
Gabriela Hernandez
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Marisela Garcia
City Manager
APPROVED AS TO FORM:

By ___________________________
Tom Hallinan
City Attorney
2026-2028 CDBG Urban County Intergovernmental Cooperation 19 CITY OF WATERFORD:

By ___________________________ ________________________ Charlie Goeken Dated
Mayor
ATTEST:

By ___________________________
Patricia Krause
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Michael G. Pitcock
City Manager
APPROVED AS TO FORM:

By ___________________________
Corbett Browning
City Attorney
2026-2028 CDBG Urban County Intergovernmental Cooperation 20 Attachment 1
Member Notice Information
County of Stanislaus
Department of Planning and Community Development
1010 10th Street, Suite 3400
Modesto, CA 95354
City of Ceres
Department of Planning and Building
2720 Second Street
Ceres, CA 95307
City of Hughson
Department of Community Development
P.O. Box 9
Hughson, CA 95326
City of Newman
Department of Community Development
P.O. Box 787
Newman, CA 95360
City of Oakdale
Department of Community Development
455 S. Fifth Street
Oakdale, CA 95361
City of Patterson
Department of Community Development
P.O. Box 667
Patterson, CA 95363
City of Riverbank
Department of Economic Development and Housing
6707 3rd Street
Riverbank, CA 95367
City of Waterford
City Manager’s Office
P.O. Box 199
Waterford, CA 95386
General business 6d
July 3, 2025
Lonnie Statzer Public Works Director
City Council Staff Report
Motion: Awarding Bid and Approving an Agreement with American Pavement Systems Inc, in the Amount of $799,000.00 for Project No. 2025-04, “2025 Surface Improvement Project” and Authorizing the City Manager to Execute the Public Improvement Agreement

SUMMARY:

City Council is being asked to award a bid and approve an agreement with American Pavement Systems Inc., in the amount of $799,000.00 for Project No. 2025-04, “2025 Surface Improvement Project” and authorizing the City Manager to execute the Public Improvement Agreement.

ANALYSIS:

This project will encompass several roadways and accessibility improvements within the City's right-ofway. The scope of work includes:
• Installation of concrete accessibility upgrades at curb ramps • Replacement of valve and monument boxes
• Patch paving
• Crack sealing
• Application of rubberized cape seal
• Roadway striping
These improvements aim to enhance safety, accessibility, and overall pavement conditions in accordance with current municipal and ADA standards.

The following streets will be included:
• Anissa Drive
• Becky Way
• Blarney Drive
• Brigadoon Lane
• Cherry Drive
• Curran Drive
• Curran Court
• Flora Way
• Forestal Lane
• Loch Ness Drive
• Mirandy Court
• Mirandy Lane
• Pomona Street
• Tweed Drive
On June 4, 2025, staff received 3 bids as follows:

Bids Company City and State Amount

1. American Pavement Systems Inc. Modesto, CA $700,000.00

2. VSS International Inc. West Sacramento, Ca $850,325.00

3. Pavement Coatings Co. Sacramento, Ca $866,700.00

FISCAL IMPACT
Engineers Estimate of Project Costs
Total Project Cost Construction
Contract
Construction
Contingency
Construction
Engineering &
Inspection
Preliminary
Engineering
$957,000.00 $799,000.00 $79,000.00 $39,950.00 $39,950.00 Project Revenue Included in FY 2025/2026 Budget
Fund Fund Number Amount
**Measure L Funds 6310-310-8290 $957,000.00
Total $957,000.00
**No General Funds will be used for this project.

ENVIRONMENTAL REVIEW:

This project is exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15304 (Minor Alterations of Land) of the CEQA Guidelines.

ALTERNATIVES:

1. Council could choose to not award the 2025 Surface Improvement Project but staff does don’t recommend this due to this project being designated for these Measure L funds.

ATTACHMENTS:
• Notice of Award
• Agreement
• Bid Opening Log

NOTICE OF AWARD
2025 SURFACE IMPROVEMENT PROJECT
To: American Pavement Systems Inc..
(Contractor)

1012 11th Street
(Address)
Modesto, CA 95354
(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 July, 2025.

It appears that it is to the best interest of said Owner to accept your Proposal in the amount of:

Seven Hundred and Ninety-Nine thousand Dollars ($799,000.00).

You are hereby notified that your Proposal has been accepted.

If you fail to execute said contract and to furnish bonds and certificates within 10 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 readvertise the work or otherwise dispose thereof as the Owner may see fit.

Dated this 3
rd day of May, 2025.

OWNER: City of Waterford ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is
hereby acknowledged
This ___ day of __________, 2025
_______________________ By: _________________________
Michael G. Pitcock
City Manager Title: ________________________
2025 Surface Improvement Project
C-1

A G R E E M E N T
FOR

PUBLIC IMPROVEMENT
PROJECT NO. 2025-04
“2025 SURFACE IMPROVEMENT PROJECT”
THIS AGREEMENT, is entered between the CITY OF WATERFORD, a Municipal Corporation, herein called "City", and American Pavement Systems Inc., herein called "Contractor", on July 3, 2025.

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 July 3, 2025, after notice duly given, the City Council of said 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, 2025 for the project, 2025 Surface Improvement Project.

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. 2025 Surface Improvement Project
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.

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 2025 Surface Improvement Project
C-3

agreed to be done, the sum of: Seven Hundred Ninety-Nine Thousand dollars ($799,000.00). 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 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 2025 Surface Improvement Project
C-4

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.

13. Superintendence by Contractor:
2025 Surface Improvement Project
C-5

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 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 2025 Surface Improvement Project
C-6

performed until completion and final acceptance.

18. Other Contracts:

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
(1) General Liability
2025 Surface Improvement Project
C-7

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
The policies are to contain, or be endorsed to contain, the following provisions:
2025 Surface Improvement Project
C-8

(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.

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, and thateach 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.

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. 2025 Surface Improvement Project
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:

American Pavement Systems Inc.
1012 11th Street
Modesto, CA 95354
Phone 209-522-2299
Fax 209-408-0427 _
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:

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 2025 Surface Improvement Project
C-12

interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning anti‐trust claims.

(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
OPENED
3:00pm

COMPANY NAME / BIDDERS BOND

CONTACT NAME AMOUNT OF BID BOND COMPANY CITY/STATE/ZIP

AMERICAN PAVEMENT SYSTEMS INC
1012 11TH ST STE 1000 $ 799,000.00 WESTERN SURETY COMPANY MINNEHAHA COUNTY MODESTO CA 95354 SOUTH DAKOTA
VSS INTERNATIONAL INC $ 850,325.00 WESTERN SURETY COMPANY MINNEHAHA COUNTY 3785 CHANNEL DR SOUTH DAKOTA
WEST SACRAMENTO CA 95691
PAVEMENT COATINGS CO. $ 866,700.00 THE OHIO CASUALTY MONTGOMERY COUNTY 2150 BELL AVE STE 125 INSURANCE COMPANY PENNSYLVANIA
SACRAMENTO CA 95838

BID SHEET OPENING LOG
2025-04 - Surface Improvements
BID OPENING: Wednesday June 4, 2025 @ 3:00pm
General business 6e
July 3, 2025
Lonnie Statzer Public Works Director
City Council Staff Report
Motion: Awarding Bid and Approving an Agreement with United Pavement Maintenance Inc, in the Amount of $507,871.56 for Project No. 2025-03, “E Street Downtown Improvements” and Authorizing the City Manager to Execute the Public Improvement Agreement

SUMMARY:

City Council is being asked to award a bid and approve an agreement with United Pavement Maintenance Inc, in the amount of $507,871.56 for Project No. 2025-03, “E Street Downtown Improvements” and authorizing the City Manager to execute the Public Improvement Agreement.

ANALYSIS:

This project is located on E Street from Bentley to Main Street and encompasses the reconstruction of pavement, sidewalk and driveway repairs/replacement, and upgrades to curb returns to ensure compliance with current ADA standards. Additional improvements include the replacement of existing trees, installation of new landscape irrigation systems, and the addition of decorative lighting and stop signs designed to match the aesthetics of the existing downtown area. All proposed improvements will occur within the City's right-of-way.

On May 21, 2025, staff received 4 bids as follows:

Bid Company City and State Amount

1. R. Sutton Enterprises LLC Vallecito, CA $478,818.10

2. **United Pavement Maintenance Inc.** Hughson, CA $507,871.56

3. Consolidated Engineering Inc Valley Springs, CA $516,510.00

4. Sierra Communications & Construction Inc Catheys Valley, CA $646,173.11 ** Due to failure to comply with the standard bidding requirements, “R. Sutton Enterprises LLC” bid is considered nonresponsive. As a result, the contract will be awarded to the next lowest bidder, which in this case is “United Pavement Maintenance”.

FISCAL IMPACT
Engineers Estimate of Project Costs
Total Project Cost Construction
Contract
Construction
Contingency
Construction
Engineering &
Inspection
Preliminary
Engineering
$609,445.85 $507,871.56 $50,787.15 $25,393.57 $25,393.57 Project Revenue Included in FY 2024/2025 Budget
Fund Fund Number Amount
**SB1 Funds 6310-310-8294 $475,000.00
Measure L Funds $134,445.85
Total $609,445.85
** Any overrun from SB1 will be paid with Measure L Funds.

ENVIRONMENTAL REVIEW:

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

1. Council could choose to not authorize the release of the request for proposals for the “E Street Downtown Improvements (Main to Bentley)” and direct staff to use these funds on a different community project.

ATTACHMENTS:
• Notice of Award
• Agreement
• Bid Opening Log

NOTICE OF AWARD
E STREET DOWNTOWN IMPROVEMENTS PROJECT , PROJECT NO. 2025-03 To: United Pavement Maintenance Inc..
(Contractor)

PO BOX 1017 Hughson, Ca
(Address)
Hughson, Ca 95326
(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 June, 2025.

It appears that it is to the best interest of said Owner to accept your Proposal in the amount of:

Five Hundred and Seven Thousand, Eight Hundred and Seventy-One Dollars and FiftySix Cents ($507,871.56).

You are hereby notified that your Proposal has been accepted.

Dated this 5
th day of June, 2025.

PUBLIC IMPROVEMENT
PROJECT NO. 2025-03
“E STREET DOWNTOWN IMPROVEMENTS PROJECT”

THIS AGREEMENT, is entered between the CITY OF WATERFORD, a Municipal Corporation, herein called ‘City”, and, United Pavement Maintenance Inc., herein called “Contractor”, on

RECITALS
(a) City has taken appropriate proceedings to authorize construction of the public work an 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 (Date), after notice duly given, the City Council of said 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 June 2025 for the project, E Street Downtown Improvement Project.

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

2. The Contract
The complete contract consists of the following documents: This Agreement, the notice to contractors, the Contractor's accepted proposal, general conditions, special provisions, plans and detailed drawings, faithful performance bond and labor and materials bond and any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a satisfactory and acceptable manner. The Current Edition of the "City of Waterford Standard Specifications and Drawings" is hereby incorporated as a part of the contract. Federal Highway Administration Form 1273: Required Contract Provisions Federal-Aid Construction Contracts, and the current Federal wage rates are included as attachments and are made a part hereof.

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. 2025-01 – Yosemite Frontage Improvements
2 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:

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 agreed to be done, the sum of: Five Hundred and Seven Thousand, Eight Hundred and Seventy-One Dollars and Fifty-Six Cents. ($507,871.56). 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 Thirty (30) 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 of the final service and preparation of the final estimates shall not be included in such charges; provided, however, that no extension of time for completion of such work shall ever be allowed unless requested by Contractor at least twenty (20) calendar days prior to the time herein fixed for the completion thereof, in writing, with the City Clerk, addressed to the City Council. In this connection, it is understood that the City Clerk shall not transmit any such request to the City Council if not filed within the time herein prescribed.

2025-01 – Yosemite Frontage Improvements
3 8. Option of City to Terminate Agreement in Event of Failure to Complete Work:

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

9. Liquidated Damages:

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

10. Performance by Sureties:

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

11. Disputes Pertaining to Payment for Work:

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

12. Permits, Compliance with Law:

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

13. Superintendence by Contractor:

Contractor shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the City Engineer on the work at all times during progress, with authority to act for him.
2025-01 – Yosemite Frontage Improvements
4 14. Inspection by City:

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

15. Extra and/or Additional Work and Changes:

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

16. Inspection and Testing of Materials:

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

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

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

17. Permits and Care of Work:

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

18. Other Contracts:

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

19. Payments to Contractor:

Payments are to be made to the Contractor in accordance with the provisions of Section 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.

2025-01 – Yosemite Frontage Improvements
5 20. Contract Security:

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

21. Indemnity:

22. Contractor’s Insurance:

a. Minimum Limits of Insurance
i. 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. ii. Auto Liability
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.
iii. 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 2025-01 – Yosemite Frontage Improvements
6 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:

The policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverage

1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, or volunteers.

2. The Contractor's insurance shall apply separately to each insured against whom claim is made for suit is brought, except with respect to the limits of the insurer's liability. ii. All Coverage:

1. 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.

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

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

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

23. Proof of Carriage of Insurance:

Contractor shall furnish City on City Forms, through the City Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and that each carrier shall give City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of this contract. 2025-01 – Yosemite Frontage Improvements
7 24. Wage & Hours of Employment:

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

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

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

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

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

If this Agreement is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Agreement may have been suspended, as hereinabove provided, City Council may further suspend this Agreement, or either party hereto may, without incurring any liability, elect to declare this Agreement terminated upon the ground of impossibility of performance. In the event City declares this Agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Agreement rate for such portion of the Agreement as may have been performed, or
d. City may terminate this Agreement, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Agreement as may have been performed. Such termination shall be authorized by resolution of the Council. Notice thereof shall be forthwith given in 2025-01 – Yosemite Frontage Improvements
8 writing to Contractor, and this Agreement shall be terminated upon receipt by Contractor of such notice.

In the event of the termination provided in this sub‐paragraph (d), none of the covenants, conditions or provisions hereof shall apply to the work not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.

26. Provisions Cumulative:

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

27. Notices:

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

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:

United Pavement Maintenance Inc.

PO BOX 1017
Hughson, CA 95326
Phone 209-883-4345
Fax 209-498-5273________________________________________ ________________________________________
________________________________________
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:

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

2025-01 – Yosemite Frontage Improvements
9 29. Anti-Trust Claims:

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

IN WITNESS WHEREOF, four identical counterparts of this Agreement, consisting of a total of 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. (Attach Contractor’s Notary CITY OF WATERFORD,
Seal Here) A MUNICIPAL CORPORATION
By:________________________________ By:_____________________________ Contractor Michael G. Pitcock, City Manager
Address: APPROVED AS TO FORM:
__________________________________ By: _____________________________ __________________________________ Corbett Browning, City Attorney Federal Tax ID # APPROVED AS TO SUFFICIENCY:
__________________________________ MCR ENGINEERING
OR
Social Security # By: _____________________________
__________________________________ Rob Marler, City Engineer ATTEST:

By: _____________________________
Patricia Krause, City Clerk
OPENED
5/21/2025 15:00

COMPANY NAME / BIDDERS BOND

CONTACT NAME AMOUNT OF BID BOND COMPANY CITY/STATE/ZIP
R. SUTTON ENTERPRISES LLC
PO BOX 237 $ 479,818.10 MERCHANT BONDING DALLAS COUNTY
VALLECITO CA 95251 COMPANY IOWA

UNITED PAVEMENT MAINTENANCE INC
PO BOX 1017 $ 507,871.56 ATLANTIC SPECIALTY HENNEPIN COUNTY HUGHSON CA 95326 INSURANCE COMPANY MINNESOTA

CONSOLIDATED ENGINEERING INC
PO BOX 701 $ 516,510.00 OLD REPUBLIC WAUKESHA COUNTY
VALLEY SPRINGS CA 95252 SURETY COMPANY WISCONSIN

SIERRA COMMUNICATIONS
& CONSTRUCTION INC $ 646,173.11 AMERICAN CONSTRACTORS LOS ANGELES PO BOX 308 INDEMNITY COMPANY CALIFORNIA
CATHEYS VALLEY CA 95306

BID SHEET OPENING LOG
2025-03 - E Street Downtown Improvements
BID OPENING: May 21, 2025 @ 3:00 PM
General Business 6f
July 3, 2025
Patricia Krause, Administrative Services Director / City Clerk City Council Staff Report
Motion: Designating a Voting Delegate and Alternate to the League of California Cities Annual Business Meeting.

SUMMARY:

The League of California Cities (LCC) holds an annual business meeting and asks that each city designate a voting delegate and alternate voting delegate for the League of California Cities Annual Business Meeting to be held Friday, October 10, 2025 at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy.

ANALYSIS:

The League of California Cities bylaws allow for any official or employee of a member city, with the approval of the City Council, to be designated the City’s voting delegate or alternate at the League’s annual business meeting. This year’s conference is being held at the Long Beach Convention Center, October 8 to October 10, 2025 with the annual business meeting being held on Friday, October 10, 2025. Each City is allowed to cast one vote on matters pertaining to League policy. The voting delegate or alternate must be registered for the conference. Currently, Councilmember Talbott is registered for the conference.

FISCAL IMPACT:

There is no cost associated with designating a delegate and alternative, but there will be a cost of approximately $1,300 per person for conference registration, travel, meals and accommodations.

Funds are budgeted for one Councilmember to attend in the FY 2025-26 budget. If others desire to attend, the budget can be amended accordingly at the mid-year budget.

ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Decide not to send a delegate to the meeting.

ATTACHMENTS:
• League of California Cities 2025 Annual Conference
Login League Partners CitiPAC CSCDA Cal Trust ILG
2025 Annual Conference and Expo
Long Beach Convention Center, Long Beach, CA  Visit Website Wednesday, October 08, 2025 - Friday, October 10, 2025  iCalendar The League of California Cities is excited to announce that registration is now open for the 2025 Annual Conference and Expo at the Long Beach Convention Center, Oct. 8-10! The conference will feature inspiring keynote speakers and presentations on key topics for local leaders, plus numerous opportunities for peer-to-peer sharing with fellow California city officials.

Our popular Expo Hall will be brimming with opportunities to engage with organizations that provide essential services to cities. Expo spaces are available! Please visit our Exhibitor and Sponsorship page for more information on how to get involved and showcase your organization.

Importantly, the member-driven General Assembly and Resolutions process will take place during the conference. This is a great opportunity for a wide range of members to participate in the development of Cal Cities policy.

For registration questions, please contact Event Registration Specialist, Megan Dunn.

For program questions, please contact Senior Education and Events Manager, Christina George.

Please see our event and meeting policies.

Registration Information
Hotel and Travel
Program
Register
Thank you to our Sponsors!
Become an exhibitor | Become a Sponsor
1400 K Street, Suite 400
Sacramento, CA 95814
P: (916) 658-8200
F: (916) 658-8240
Privacy Policy
Site Map
FPPC Compliance
Contact Us
    
 2025 League of California Cities
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

Informational Items 8
Xxx, 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
E Street Improvements Michael Pitcock
Lonnie Statzer High $600,000 (SB1) Council to Award 7/3/25 G Street Improvements Michael Pitcock
Lonnie Statzer High $600,000 (CDBG) Ready for Bid
Measure L Cape Seal Project Michael Pitcock
Lonnie Statzer High $960,000 (Measure L Council to Award 7/3/25 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. First 2 Homes in Construction
Waterstone C Michael Pitcock High NA Tentative Map Approved. Fifty Two Single Family Homes.

City Projects
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 3, 2025
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
156 Water - Other Issue Closed 5/28/2025 Resident stated someone left a whole open next to water meter. Their house keeper fell in the hole and stated they are hurt. Please go an fill or 157 Water - Other Issue Closed 5/28/2025 Customer Mary Casale (209)604-6324 called to request meter be checked for leaks. She says her water usage has gone up. I can see it has gone 158 Water - Other Issue Closed 5/28/2025 Customer meter read off on April billing. Please check reads and for leakage and talk with Marissa. Meter#36610897 Customer Name:
159 City trees Closed 5/28/2025 please remove dead tree and stump along F Street and place new trees along park strip where missing. 160 Facility / Park Maintenance Closed 5/29/2025
beard park- there are always mobile car detailing vans in the parking lot cleaning cars. its hard as a women alone with little kids when theres always strange men with vans in the parking lot. are these people supposed to be there detailing cars in the parking lot? the one there today was 161 Water - Other Issue Closed 5/29/2025 Customer states there is only a trickle of water coming out of faucets. Water should be on. Thanks, Benjamin Chambers 541-510-7087 162 Water leaks Open 5/29/2025 Mary Casale would like her meter checked again. She stated she had two outside faucets dripping and has turned them off. She wanted to know if 163 Water leaks Closed 5/29/2025 HIGH PRIORITY: CUSTOMER CALLED IN THERE IS WATER COMING UP FROM THE MANHOLE COVER IN STREET SECTION. CUSTOMER NAME:
164 Graffiti Closed 5/29/2025 Resident would like the graffiti on her back fence (Alley) painted, please. Erin Johnson 209.840.2807 Unit B. 165 Water - Other Issue Closed 5/30/2025 customer called and requested a repair to her fence after allowing water to be dumped into her pasture. 166 Water leaks Closed 6/2/2025 customer Lisa Edgar says meter has been leaking for the past months since it was dug up. 167 Potholes Closed 6/2/2025 Brooke Myung states there is a pothole that keeps forming in the road between her and her neighbors house by the drain 168 Water leaks Closed 6/3/2025 customer states the water main is leaking heavily near their house 169 Sidewalk repair Open 6/6/2025 Sidewalk needs to be fully resurfaced, job wasnâ€™t fully completed 170 Park Rentals (staff) Closed 6/6/2025 Celebration of Life 171 Sprinklers / Irrigation - Parks Closed 6/9/2025 Resident stated there is water shooting in the air along F Street by new appartments (Rose Ct)? 172 Other Closed 6/9/2025 Customer states there is a stop sign and other road work signs in the canal near the community center / beard park. 173 Potholes Closed 6/10/2025 several potholes at Riverside and Yosemite. 174 Water leaks Closed 6/11/2025 Mr. Womack came in to City Hall, he said he had his meter leak fixed by a plumber and would like to make sure it was done correctly, but he 175 Sidewalk repair Closed 6/11/2025 Customer came into lobby had trip and fallen over raised concrete sidewalk in front of this address. Patrick(650)521-3351 176 Water leaks Open 6/12/2025 Customer already submitted a requet to have meter checked, insisting that there was no way there was a leak for the April reading. He is 177 Water - Other Issue Open 6/13/2025
Mr. Randy Willis came in with a black pipe/part of his meter saying he can not find it anywhere and this is the part that needs to be fixed. I let him know we do not sell parts here at City Hall. I continued to ask him what he needed and he just said he needed that part. I told him I could have the 178 City trees Closed 6/13/2025 Resident called to report a tree branch is down and has fallen onto her side yard. Christina at (209)480-6273. Thank you! 179 Street trees Open 6/13/2025 tree on c street and Bentley is covering the flashing beacon. tree needs to be cut 180 City trees Closed 6/17/2025 LARGE TREE LIMB BROKE AND FELL ON CUSTOMERS FENCE THEY ARE REQUESTING SOMEBODY TO COME TAKE CARE OF IT 181 Facility / Park Maintenance Closed 6/19/2025 leak in water fountain, grass growing inside the fountain needs to be cut too 182 Facility / Park Maintenance Closed 6/19/2025 graffiti on playground sign 183 Facility / Park Maintenance Closed 6/19/2025 more graffiti 184 Facility / Park Maintenance Closed 6/19/2025 graffiti on skate park 185 Water leaks Open 6/20/2025 Mr. Dave Brito came in to report water coming up from the street and gutter in front of his home, now causing mosquitos. His contact info if needed 186 Graffiti Open 6/20/2025 GRAFFITI ON BROWN CTY SIGN - TERESA (209)996-2604 WITH ANY QUESTIONS. THANK YOU! 187 Water leaks Closed 6/23/2025 Brad Thompson stated there is a water main leaking near his house at 967 Elma and that a city inspector was going come and see what the 188 Facility / Park Maintenance Open 6/23/2025 dog park (scoreboard electrical exposed) 189 Water leaks Open 6/24/2025 Resident has had consisten high water bills and insists there is not a leak. Could you please check to see if indicator is moving? Thanks! 190 Other Open 6/24/2025 Resident has consistent very high water usage - insists no leak. Maybe illegal garden?

Waterford City CouncilJuly 3, 2025

Waterford City Council
July 3, 2025