AG
ENDA
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
C
ity Council Chambers, 2701 Fourth Street
Monday, March 28, 2022 – 6:00 p.m.
M
ailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Ma
yor Lopez
ROLL CALL
Ma
yor: Lopez
Vice Mayor: Silveira
Council Members Casey, Kline, Ryno
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 202 2-06, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT. WHILE THIS MEETING WILL BE PHYSICALLY
OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID-19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE APPLICATION, ZOOM.
P
lease click the link below to join the webinar:
https://us02web.zoom.us/j/89373654384?pwd=Sm9CV2RvaTRxb1FtTjZsbHZLMFlodz09 W
ebinar ID: 893 7365 4384 Passcode: 989232; or Dial-in (669) 900-6833 R
EMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BY 5:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF TH E EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR
WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.
*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected]
City Council Agenda
2 INVOCATION
I
nvocation by Pastor Jim Stochl from Harvest Presbyterian Church.
PLEDGE OF ALLEGIANCE
P
ledge of Allegiance led by Mayor Lopez
PRESENTATIONS
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non-agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5- minute provision.
APPOINTMENTS TO BOARDS/COMMISSIONS
CONFLICT OF INTEREST DECLARATION
CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Council Member or public for special consideration.
Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.
1. Clerks Report of Posting. The agenda of the March 28, 2022 City Council meeting was posted on Wednesday, March 23, 2022. (Nayares-Perez)
2. Waive Readings. All Readings of Ordinances and resolutions are waived. (Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (Nayares-Perez)
3. Approval of Minutes (Nayares-Perez)
a. Minutes of February 5, 2022 Special City Council meeting.
4. Register of Audited Demands for Period covering March 9, 2022 through March 16, 2022. (Dias)
5. General Correspondence – Information Only
a. Public Works monthly report for February 2022. (Royal) b. Ceres Youth Baseball third-quarter report. (Royal)
6. Resolution No. 2022-16 Authorizing the City Manager to Approve a Purchase Order with E & M Electric and Machinery, Inc. for the Purchase and Installation of a SCADA System Server. (Royal)
City Council Agenda
3 7. Resolution No. 2022-17, Approving a three-year agreement with Ceres Youth Baseball (CYB) and the City of Ceres (City) for the use of Costa Fields Baseball Complex and Authorizing the City Manager to Execute the Agreement. (Royal)
8. Resolution No. 2022-18, accepting the STPL-5241 (073) Blaker Road and Central Avenue Overlay Project as Complete, Approve the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion and Retention Release to the Contractor. (Royal)
9. Resolution No. 2022-19, awarding the Construction Contract for the School Traffic Safety at Various Location to PELAGIC Engineering, Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Royal)
10. Resolution No. 2022-20, Approving the Improvement Agreement and Recordation of the Subdivision Map for the Olive Villas Subdivision. (Hoem)
11. Resolution 2022 -21, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (City Clerk)
12. Resolution 2022 -22, Approving accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for drinking water arrearage in an amount not to exceed $573,872; and authorizing the submission of an application to the CWWAPP for the wastewater arrearage amount estimated at $546,972. (Dias)
13. Resolution No. 2022-23, Approving a $2,500 City Sponsorship for the Love Ceres Event on April 30, 2022. (Sims)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
PUBLIC HEARING
14. (Hearing set for March 28, 2022 at the February 14
th City Council meeting);
Applicant and Appellant have requested the Hearing to be continued to April 25, 2022.) Public Hearing for the City Council to consider a proposal for a Rezoning of the property located at the northeast corner of East Hatch Road and Golf Links Drive to modify the existing “MX -2, Mixed Use – 2” zoning designation to a “CC, Community Comme rcial” zoning designation within the Mitchell Road Corridor Specific Plan, and to consider an appeal of the Planning Commission’s decision approving a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement involving the subdivision of a 2.16 -acre commercial zoned site into three parcels with a new commercial building proposed for each parcel. (Hoem)
City Council Agenda
4 • Consideration of the Appellant’s and Applicant’s Request to continue the Hearing to April 25, 2022.
NEW BUSINESS
15. Approving Amendments to the Employment Agreements with the Department Heads and Authorize the City Manager to Execute the Agreements. a. Resolution No. 2022 -24, approving Amendment No. 1 to the Employment Agreement with Christopher Hoem, Director of Community Development. b. Resolution No. 2022-25, approving Amendment No. 1 to the Employment Agreement with Leticia Dias, Director of Finance.
c. Resolution No. 2022-26, approving Amendment No. 1 to the Employment Agreement with Richard Collins, Chief of Police.
DISCUSSION ITEMS
COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2- City Council Meetings, J -8.
City Council Referrals/Determination of Items for Agenda.)
REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.
• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor
CLOSED SESSION
PUBLIC EMPLOYMENT (Pursuant to Section 54957 of the Government Code)
Title: City Clerk
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on April 11, 202 2, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA
City Council Agenda
5 Council Agenda: The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us
and posted at the time and places
noted above.
Related Materials: Any writings or documents provi ded to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2720 Second Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538-5731.
Notice regarding Americans with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II)
AFFIDAVIT OF POSTING
I, Diane Nayares-Perez, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on March 23, 2022, at 7:00 p.m. at the following locations in Ceres:
Community Center Display Case - 2701 Fourth Street
______________________________________
Diane Nayares-Perez
City Clerk
MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Saturday, February 5, 2022 – 6:00 p.m.
Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez called the February 5, 2022 Special City Council Meeting to order.
ROLL CALL
Mayor: Lopez
Vice Mayor: Silveira
Council Members Casey, Kline, Ryno
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
None.
PUBLIC HEARING
Hearing Time 6:00 pm
1. Third Redistricting Public Hearing (City Attorney/City Clerk)
Doug Yoakam, Redistricting Consultant from National Demographics Corporation (NDC) gave presentation Redistricting Draft Maps.
Council Member Kline inquire on how NDC determined the ethnicity of a voter
Council Member Ryno inquired on deadlines for submitting draft maps.
City Council meeting was conducted this meeting in accordance with California Governor Newsom’s Executive Orders N-20-20 and N-35-20 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.
ITEM 3
Council Member Kline commented he was under the impression the meeting would have an interactive map process.
Mayor Lopez opened the public hearing and asked if anyone from the public had any comments. The following citizens spoke:
Jasmine Kaur commented she is involved in the Ceres Youth Commission, the Punjabi Sikh Community and has been a Ceres resident for 10 plus years. She expressed the importance of keeping communities of interest intact and her support of NDC map 101.
She on behalf of the Punjabi Sikh Community that their concerns be taken into consideration.
John Osgood commented citizens of Ceres would like to see one contiguous district on the one side of the highway. He further commented he will be submitting his maps by February 28
th. He was also under the impression that the meeting would be more interactive.
Paula Redfern commented on the last map that was proposed and she believes it is the closet representation of her district, District 2. She believes the previous map was designed around the council members at the time.
Council Member Kline would like to integrate the west side of the freeway into Distri ct 2 and east side of the freeway into District 4. He further commented D istrict 2 and 4 will be up for re- election this year and even though he and Council Member Ryno may end up running against each other, they would get the representation on the west si de of the freeway they tried to obtain 5 years ago.
Council Member Ryno does not believe in making a boundary based on an existing council member. She would like to see all the west side in District 2 and would like the numbers looked at before they make a decision.
Council Member Silveira commented he was prepared to make a motion to keep the districts as they are, but with Council Member Kline and Council Member Ryno feeling so strongly with the changes more aligned with what they saw today he believes it behooves us to put selecting a map off it off until the map received Saturday can be drawn for the public to as well.
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on February 14, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA
There being no further business, Mayor Lopez closed the public hearing and adjourned the meeting at 6:42 p.m.
_____________________________
Javier Lopez, Mayor
ITEM 3
_______________________________
By Cristina Aguilar, Deputy City Clerk
for Diane Nayares-Perez, CMC, City Clerk
Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter
ITEM 3
ITEM 3
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
COUNCIL AGENDA REPORT
MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Sam Royal, Acting Public Works Director
[email protected]
, (209) 538-5617
SUBJECT: Public Works Department February 2022 Monthly Report
RECOMMENDED COUNCIL ACTION:
Information only, no action required.
I. BACKGROUND:
Outlined below are the significant acti ons performed by the Public Works Department for the month of February 2022.
FACILITY SERVICES:
• Completed 145 service requests including: 93 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repair s and 52 preventive maintenance requests
• R eceived bids to replace the HVAC units at the Public Safety Building • Hired two FT Custodians for city buildings
• Repaired the security system at Riverbluff. Replaced the DVR and was able to get two cameras to function. The other three cameras are still not working. Working in conjunction with IT to receive a quote for replacement
• Assisted with SCADA improvements, trouble shooting and repairs to well controls for Park’s irrigation improvements, Streets ’ lift stations and W ater’s we lls and communications
• Cleaned up homeless debris twice at Independence Park
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 5a
Maintenance activities perfor med by one (1) S upervisor, two (2 ) Facility M aintenance Workers, four (4 ) Custodians, one ( 1) vacant Cus todian and one (1) vacant Facility Maintenance Worker.
FLEET SERVICES:
Completed 117 work orders
○ Fleet Dept. 20
▪ Repair/rebuild Hotsy trailer
o Fire Dept. 15
▪ Westport Fire engine 90-day inspection
○ PD Dept. 10
▪ Patrol unit #118, doors repainted, new decals, transferred to SRO ▪ Serviced 11 police vehicles
○ Streets Dept. 30
▪ Street Sweeper emissions regen repair, injector/sensor parts ▪ Street Sweeper trash screen cable repair and deck repair
○ Water: Dept. 35
▪ Diagnose and repair valve turning machine Bluetooth module, new module
○ Parks Dept. 40
▪ Received new portable Hotsy pressure washer, rebuild trailer deck
○ WW Dept. 25
▪ New backhoe went into service
Emergency and non-emergency City vehicles and equ ipment are maintained and repaired by one ( 1) S upervisor, one (1) Sr. Maintenance Mechani c and two (2 ) Ma intenance Mechanics.
LANDSCAPE MAINTENANCE:
• Completed a total of 398 service requests in the following categories:
o Bike Path Repairs: 0
o City Grounds Maintenance: 27
o Park Landscape and Maintenance: 272
o Parks Landscape chemical usage: 150 gallons Parks / Grounds o P layground and Equipme nt Repairs: 1 Roeding Heights , 1 Sam Ryno Platform, 1 Redwood Chain climber
o Playground and Equipment Inspections: 21
ITEM 5a
o Right of Way (ROW) Irrigation Repairs: 27
o Park Trees: 21 Trimmed
o T ree Customer Requests (Tree or Limb Down, Trims or Removals): 30
• Parks sprinklers repaired or replaced:
o Barry Grove – 1 vandalism
o Costa Fields – 2 maintenances
o D on Pedro – 1 vandalism
o Independence –0
o Neel Dog Park – 0
o Neel Park – 3 vandalisms
o P ersephone – 2 maintenances
o Redwood – 0
o Riverbluff – 12 maintenances Field 4
o Riverview – 2 vandalisms
o Roeding Hts. – 2 vandalisms
o Sam Ryno – 2 maintenances
o Smyrna – 17 maintenances
o Strawberry – 0
o Wh itmore – 0
• Parks General Maintenance/Repairs:
o Disinfected all playgrounds in parks once per week
o Steam cleaned covered areas of River Bluff, Smyrna, and Sam Ryno o Added Playground Fiber to Don Pedro, Smyrna, Redwood, Str awberry, Neel and River Bluff
o Graffiti removal at Sam Ryno (2), Strawberry (3), River Bluff (2), Roeding (2), Neel, Persephone (2), Smyrna (9), Berry Grove, and Independence (2) parks
•
Grid Prune by West Coast Arborists (WCA)
o Grid # 3 2020-2021 100% - Complete with 2,343 trees pruned o Grid # 1,2,4 & 5 uncompleted with a total of 8,571 trees unpruned o Pending: 167 High Risk, 11 Removals and 56 Trims from July
Grounds
• Right of Ways (ROWs):
o H atch Road - Code Enforcement involved due to property damages, boulders moved, and trees c ut down by homeowners . Still awaiting approval from Engineering to approve “No Parking Signs” in City ROW
o Brown and Hackett placed wood chips in ROW
o R eplaced 2 Mainline and 6 sprinklers along M agnolia at the Community Center due to vandalism
o Re-staked 7 trees along Eastgate a nd 2 trees along Fowler Road ; 1 tree damaged by vandalism
• Smyrna Park
o Re staked 4 trees along Presidential walkway due to vandalism ITEM 5a
o 1 t ree broken and removed due to vandalism
• Roeding Heights Park:
o Repaired twister chair damaged due to vandalism
• River Bluff Park:
o Playground area - replaced 4 sprinklers and capped 1 due to vandalism o Repaired fence to lower area due to fire 6 times
o Aeriated Field 4 and added fertilizer
o Brush hogged lower area
• Guillermo Ochoa Park:
o Ongoing maintenance of Carousel and Merry-Go-Round
o Repaired carousel damaged by vandalism 3 times
o Removed Merry-Go-Round wheel due to Vandalism
o Repaired leg exerciser broken footrest due to vandalism
• City Parks, landscaping and maintenance is performed by one (1) Supervisor, one (1) Sr. Parks Maintenance Worker, five (5) Park Maintenance Workers, and one (1) part-time Maintenance Worker.
SOLID WASTE & RECYCLING:
Reminder: Leaf & Limb collection season ended on January 9 th.
• Highlights of solid waste and recycling collection by Bertolotti
Residential…………………….… 890.74 tons
Commercial……………………… 1,436.90 tons
Illegal dump……………………… 4.24 tons, 36 locations
Bulky items…………………….… 2 7.36 tons,132 locations
Leaf/limb……………………….… 51.06 tons
Street Sweep………………….… 60.41 tons
Commercial Organics………….. 95.33 tons
Residential Recycle…………..… 157.38 tons
Commercial Recycle …………… 3 37.13 tons
Used oil…………………………… 439 gallons
Used oil filter……………...……… 60
• Waste Cart Violation Notices Issued: 346
• Leaf and Limb Violation Notices Issued: 72
• City Staff illegal Disposal Clean-up Sites: 27
ITEM 5a
• Education and outreach efforts for the recent changes to the City’s solid waste collection services have included:
Numerous phone calls and responses to individual customers via phone an d email requests
City website updates
Landscape signs posted throughout town
Social media pages have been created on Facebook and Instagram to deliver regular announcements on Public Works im portant information (including the new garbage collection service)
Studio 209 commerc ial (was shown on the Ceres Courier and all affiliate newspapers) websites as well as the Public Works social media pages There have been 10 Ceres Courier articles and 3 Modesto Bee articles on the program changes
Advertisement in the Stanislaus County Fair tab published in the Ceres Courier and affiliate newspapers
Utility billing insert was included in the November utility billing mailer A second utility billing insert with th e garbage, organics , and recycling schedule information w as included in Febru ary’s billing mailer as well as on the City’s website
A doorhanger was delivered to customers when they received their additional cart
A partnership with the Ceres Courier now provides a bi -weekly column, written by Public Works s taff to provide r egular updates on important information and projects affecting residents (including the changes to garbage service)
A promotional magnet with information on what material goes i n each bin is being distributed with violation notices and with community outreach activities A presentation to a local civic was provided in November. Any further community groups interested will be accommodated as well Leaf and Limb program notices were distr ibuted to custom ers still placing piles for collection p ast the progra m end d ate by Public Works, Code Enforcement and Bertolotti employees
Garbage Cart storage violation notices were distributed to incompliant residents to notify them of code requirement s by Public Work s, Code Enforcement and Bertolotti employees
.
STREETS SERVICES:
ITEM 5a
• Staff responded to a total of 91 customer service requests • 5 ADA sidewalk grinds
• Respond ed to 221 Underground Service Alerts (USA) markings • 27 Code Enforcement assisted clean ups
• Repaired 37 streetlights
• Disked 31 storm drain ponds
• C leaned 5 storm drain bubble ups
• Cleaned 12 storm drain DI’s
• Flushed 5,000 of storm drain line
• Repaired large sinkhole in front of Blueridge storm drain pond, removed and replaced curb, gutter and sidewalk
• P erformed traffic control for Morgan Road fire, total staff hours: 25
City Streets Division mai ntenance i s performed b y o ne ( 1) Supe rvisor, two (2) S r.
Maintenance Workers , six (6 ) St reets Main tenance Operators, one ( 1) Street S weeper Operator.
WASTEWATER (WWTP):
• Responded to 5 sewer related customer service requests and 26 sewer problems • St aff had 4 S mart Cover alarms that prevented Sanitary Se wer Overflows (SSOs).
There were (0) SSOs in February
• S erviced or Repaired:
o Lift Stations – 11
o WW TP Equipment – 15
o Main li ne sewer plugs – 3
o A erators – 0
• S taff continued working to replace treatment plant security alarm, which is needed due to current security alarm system being discontinued • S taff continuing progress of up dating Dept. of Water R esources Wastewat er Discharge Permit
• Staff repaired a broken lateral in the street that was discovered while Water Division was excavating for a water leak
• Staff repaired a 6-inch irrigation mainline leak at the treatment plant headworks • Staff assisted HR with the interviewing process to fill 3 open operator positions • Cleane d 16 ,464-feet of sewer line and in spected 430-feet of se wer line fo r the internal Closed-Circuit TV (CCTV) program
• S CA DA Integrator, Jeff B urrows, a nd W astewater Systems Supervi sor, Matthew Williams, continued converting lift station and treatment plant control panels to new SCADA system
• Staff responded to lift station alarm to find that TID had cut power to the area, from 8am-2pm. A portable generat or was brought to restore power an d avert a lift station overflow
• Staff assisted Streets Division with asphalt patching for 2 leak repairs at t reatment plant headworks
ITEM 5a
• Spent 34 hours responding to 243 Underground Service Alerts (USA) markings • Tre ated and disposed of 65.59 million gallons of Wastewater, averaging 2.34 million gallons per day
Ceres W astewater System maintenance is performed by one (1) Su pervisor, two (2) Sr.
Wastewater Operators, three (3) Wastew ater Operators and one (1) Park Maintenance Worker. 3 additional positions remain open.
WATER SERVICES:
• February 2022 well production was 130.27 million gallons • Aver age water use for February 2022 was 4.65 million gallons per day • Wa ter staff responded to 79 customer service requests • Wa ter staff responded to 221 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,796
o Meters/radios serviced: 66
o M eters replaced: 10
o M eters upgraded from ¾”, 5/8” to 1”: 2
o New mete r installations: 2
o Meters tested for accuracy: 11
• To tal valves in water distribution system: 4,402 of which 194 were exercised • Blow-off s and hydrants flushed: 71
• Wa ter main leaks: 0
• Service line leaks: 4
• Se rvice lines have been replaced: 2
• Hydra nts replaced: 0
• Replaced Carbon at well 38
• Ran well 38 to waste for a week for testing and sampling • T wo service lines were repaired and run
WATER CONSERVATION:
February 2022 calculated residential gallons used per person per day: 74.35 • Annual average is 91.98 gallons per person per day
• Responded to 13 water conservation service requests
• Issued courtesy notifications: 92
• P erformed 0 water audits
• Del ivered 4 water waste warnings and 1 water waste fine • Rebates Issued: Dishwasher: 1, Smart Irrigation: 0, ULF Toilets: 2, Washing Machine: 0, and Turf Replacements: 1
Total Rebates YTD: 47
The graph below shows our production numbers for 2020 in blue comp ared to 2022 in purple with the water reduction target of 15% in red. For February 2022, we had an ITEM 5a
increase of 6.32% from the February 2020 production numbers.
Water system ma intenance is performed by one (1) Public Works Superintendent, one (1) Water Distribution Sup ervisor, one (1) Administrative An alyst, On e (1) S r. Water Distribution Op erator, six (6 ) Water Distribution Operators, two ( 2) Fie ld S ervice Technicians, one (1) part-time Water Conservationist.
Approved by: _____________________________
Alex Terrazas, Interim City Manager
ITEM 5a
MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Sam Royal, Interim Director of Public Works,
[email protected]
,
( 209) 538-5717
SUBJECT: Ceres Youth Baseball (CYB) 2021 Third Quarter Report
RECOMMENDED COUNCIL ACTION:
Information Only, no action required.
I. BACKGROUND:
The 2019-2021 Financial Detail Statement is attached.
Repairs and assistance given by City Staff in the third quarter at the Costa Fields Complex:
• Support provided by the Facilities Department during the 2021 third quarter:
• R eplaced one of the swamp coolers
• Completed four preventative maintenance items
• Addressed two plumbing issues
• Repaired the stand-alone refrigerator
The percentage of consumables purchased in Stanislaus County was 100%.
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 5b
Approved by:_____________________________
Alex Terrazas, Interim City Manager
Attachments:
1. 2019-2021 CYB Financial Detail
ITEM 5b
4:59 PM
01/24/22
Cash Basis
Ceres Youth Baseball
Financial Detail
October 2019 through September 2021
Oct '19 - Sep 20 Oct '20 - Sep 21
Ordinary Income/Expense
Income
41000 · Snack Bar
41001 · Snack Bar Receipts 18,763.64 59,923.34
41010 · Credit Processing Fees -856.98 -398.94
41020 · Short/Over Snack Bar 149.03 -407.32
41000 · Snack Bar - Other -324.80 0.00
Total 41000 · Snack Bar 17,730.89 59,117.08
42000 · Team Funds
43000 · Blaze Income
43010 · Player Fees - Blaze 11,758.00 8,081.00
43020 · Apparel - Blaze 200.00 0.00
43030 · Fundraising - Blaze 14,689.92 13,191.00
43040 · Sponsors - Blaze 2,550.00 3,227.00
43050 · Tournament 3,400.00 3,645.00
43000 · Blaze Income - Other 4,376.00 0.00
Total 43000 · Blaze Income 36,973.92 28,144.00
44000 · Sizzle Income
44010 · Player Fees - Sizzle 5,630.75 6,478.34
44030 · Fundraising - Sizzle 35,790.44 15,113.16
44050 · Sizzle Tournament Registration 2,031.00 -1,364.74 Total 44000 · Sizzle Income 43,452.19 20,226.76
45000 · Other Team Income
45010 · Registration - League 43,283.15 70,388.48
45015 · Buyout 240.00 0.00
45030 · Fundraising - League 10,089.00 3,531.60
45040 · Sponsors 11,824.00 25,596.00
45060 · Tournaments 2,960.00 10,293.00
45090 · Credit Card Fees - League Other -1,196.59 -516.27 45000 · Other Team Income - Other 3,032.02 37.25
Total 45000 · Other Team Income 70,231.58 109,330.06
Total 42000 · Team Funds 150,657.69 157,700.82
Total Income 168,388.58 216,817.90
Gross Profit 168,388.58 216,817.90
Expense
61100 · Snack Bar Expenses
61105 · Product Purchases Snack Bar 12,520.01 22,610.49 61120 · Equipment Repairs & Maint 124.92 64.02
61135 · Licensing & Fees 742.00 725.00
61145 · Processing Fees Square, CC 508.69 0.00
61100 · Snack Bar Expenses - Other 725.18 0.00
Total 61100 · Snack Bar Expenses 14,620.80 23,399.51
61500 · Administrative Fees
ITEM 5b
4:59 PM
01/24/22
Cash Basis
Ceres Youth Baseball
Financial Detail
October 2019 through September 2021
Oct '19 - Sep 20 Oct '20 - Sep 21
61510 · Accounting Fees 16,312.50 13,306.25
61513 · Legal & Professional Fees 3,720.04 2,500.00
61514 · Dues & Subscription 474.95 755.00
61515 · Bank Fees 879.35 867.22
61520 · Office Supplies 985.44 1,256.49
61521 · Stamps and Mailings. 1,085.85 202.76
61522 · Insurance - League 9,352.00 5,982.00
61525 · CYB Apparel & Accessories 0.00 -68.77
61530 · Field and Maintenance 3,978.83 4,431.15
61534 · Supplies 1,405.82 395.80
61535 · Fuel 1,204.50 791.03
61537 · Rent Expense 155.86 0.00
61540 · Garbage. 1,844.52 594.10
61560 · Meetings & Events 364.49 72.05
61565 · Utilities 3,308.00 3,324.87
61588 · Taxes. 85.00 0.00
61599 · Misc. Expense 176.69 978.89
61600 · Scholarships 500.00 0.00
61500 · Administrative Fees - Other 409.00 0.00
Total 61500 · Administrative Fees 46,242.84 35,388.84
61550 · Payroll Expense
61552 · Grounds Maintenance Wages 12,711.33 20,223.40
61553 · Snack Bar Payroll 19,695.51 19,391.36
61555 · Payroll Processing Fees. 2,925.85 3,193.33
61556 · Payroll Tax Expense 3,435.92 4,935.67
61567 · Workmans Comp 8,733.76 -6,263.62
Total 61550 · Payroll Expense 47,502.37 41,480.14
62000 · Team Expense
62500 · All Stars Team Expense
62525 · All Star Other Expense 0.00 237.61
Total 62500 · All Stars Team Expense 0.00 237.61
63000 · Blaze Expense
63010 · Affliliation Reg. and Ins. - Bl 3,620.00 130.00 63020 · Apparel - Blaze. 860.62 1,601.85
63030 · Blaze Tournament 8,085.34 14,573.25
63040 · Equipment - Blaze. 2,021.61 1,213.79
63050 · Fundraising - Blaze. 12,232.15 4,631.04
63080 · Umpire Expense Blaze 5,033.00 2,815.00
63090 · Uniforms - Blaze. 7,906.04 5,784.18
63999 · Misc. Expense Blaze 0.00 1,410.42
Total 63000 · Blaze Expense 39,758.76 32,159.53
64000 · Sizzle Expenses
64010 · Affliliation Reg. and Ins. - Si 0.00 82.20
ITEM 5b
4:59 PM
01/24/22
Cash Basis
Ceres Youth Baseball
Financial Detail
October 2019 through September 2021
Oct '19 - Sep 20 Oct '20 - Sep 21
64020 · Apparel - Sizzle. 3,888.43 384.85
64030 · Sizzle Tournament 5,022.40 5,563.81
64040 · Equipment - Sizzle. 1,169.56 995.13
64050 · Fundraising - Sizzle. 15,106.63 3,388.07
64060 · Travel - Sizzle. 0.00 2,178.53
64080 · Umpires Sizzle 0.00 745.00
64090 · Uniforms - Sizzle. 3,701.17 3,460.49
64999 · Misc. Sizzle Team Expense 264.00 307.55
Total 64000 · Sizzle Expenses 29,152.19 17,105.63
65000 · Other Team Expense
65020 · Advertising 0.00 79.36
65030 · Equipment - League. 4,538.59 1,512.31
65050 · Fundraising - League 1,135.00 157.14
65100 · Registration 3,015.00 15,669.95
65110 · Uniforms - League 25,277.81 14,132.09
65200 · Umpire Fees. 8,292.00 16,926.00
65400 · MOU Compliance Fees.
65420 · Fingerprinting. 972.00 0.00
65430 · Player Usuage Fee - City 6.25 0.00
Total 65400 · MOU Compliance Fees. 978.25 0.00
65800 · Tournament 0.00 120.00
65810 · Trophy's 969.58 4,838.06
65000 · Other Team Expense - Other 0.00 65.12
Total 65000 · Other Team Expense 44,206.23 53,500.03
Total 62000 · Team Expense 113,117.18 103,002.80
Total Expense 221,483.19 203,271.29
Net Ordinary Income -53,094.61 13,546.61
Net Income -53,094.61 13,546.61
ITEM 5b
ITEM 5b
COUNCIL AGENDA REPORT
MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Sam Royal, Interim Director of Public Works
[email protected]
(209) 538-5717
SUBJECT: Resolution No. 2022-16, Authorizing the City Manager to approve a purchase order with E&M Electric and Machinery, Inc. for the purchase and installation of a SCADA System Server
RECOMMENDED COUNCIL ACTION:
Staff recommends City Council authorize the City Manager to approve a purchase order with E&M Electric and Machinery, Inc. for the purchase and installation of a SCADA system server for an amount not to exceed $72,945.97.
I. BACKGROUND:
The City of Ceres utilities rely on the Supervisory Control and Data Acquisition (SCADA) for oversight, control, historical recording of operational activities, and operator call outs for emergencies. The current server and related equipment are outdated, un dersized, and needs replacing in order to maintain the high functionality that SCADA demands.
II. REASONS FOR RECOMMENDATION:
The Cit y’s critical infrastructure, water , wastewater, stormwater and parks depend on a responsive SCADA system for proces s control which interacts directly with valves, pumps, and sensors ; data monitor ing, gather ing, and processing in real time. The storm water system and parks irrigation systems also depend on S CADA for proper operational control and oversight . These process es can b e viewed onsite or remotely. Alarm sy stems alert operations staff when processes and controls are working outside of preset parameters or in critical fail allowing corrections to be made onsite or remotely.
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 6
An efficient and reliable SCADA syst em is used to make process and operational control decisions and reduce crit ical infrastruc ture downtime. The SCADA software processes, distributes, and displays the data, helping operators and other employees analyze the data and make import ant decisions. The SCADA server is a highly functional device that is for computer-to-computer contact, can store a significant amount of data, run and process data very quickly, and is designed to never shutdown. The SCADA server ta kes the data i n the field, processes it, records it historically, and makes the data available to the operators on handheld devices or computers.
The city is sole sourcing this SCADA purchase because it currently uses AVEVA HMI software interface on all existing SCADA units. Our existing SCADA server has aged and requires upgrading for more efficient and reliable operations. Re fer to attached letter presented by AVAEA representative.
III. FISCAL IMPACTS:
The Fiscal Impacts for the purchase and installation, programming setup, and process start up shall not exceed $72,945.97. This cost is included in the 2021-2022 Water Operations Budget 527.35.0502.
IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
Ensure that the community has adequate, well-maintained infrastructure (including water, sewer, storm drains, and parks) that fosters a quality community and supports a stron g economy.
V. POLICY ALTERNATIVES:
The alternative to this proposal is to not mov e forward with t he purchase of the SCADA server and technical support and leave the SCADA system vulnerable and possibly failing to meet the operational needs of the City’s utility infrastructure.
VI. INTERDEPARTMENTAL COORDINATION:
There has been no interdepartmental coordination.
VII. STEPS FOLLOWING APPROVAL:
The Finance Director to make the accounting entries to execute the purchase order.
Approved by:___________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. Quote
ITEM 6
RESOLUTION NO. 2022-16
AUTHORIZES THE CITY MANAGER TO APPROVE A PURCHASE ORDER WITH E&M ELECTRIC AND MACHINERY, INC. FOR THE PURCHASE AND
INSTALLATION OF A SCADA SYSTEM SERVER
THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres utilities rely on the Supervisory Control and Data Acquisition (SCADA) for oversight, control, historical recording of operational activities, and operator call outs for emergencies; and,
WHEREAS, t he Cit y’s critical infrastructure, water, wastewater, st ormwater system and parks irrigation depend on an efficient, reliable, and responsive SCADA system for process control which interacts directly with valves, pumps, and sensors; data monitoring, irrigation, and processing in real time; and,
WHEREAS, alarm systems alert operations staff when processes and controls are working outside of preset parameters or in critical fail allowing corrections to be made remotely or onsite to reduce critical infrastructure downtime; and,
WHEREAS, the current SCADA server and related equipment are outdated, lack the storage space necessary , has functional failures that hinder the overall SCADA system and needs replacing in order to maintain the high functionality that SCADA demands; and,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ceres that the City Council authorizes the City Manager to approve a purchase order with E&M Electric and Machinery, Inc. for the purchase and installation of a SCADA System Server for an amount not to exceed $72,945.97.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of March 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
_____________________________
Javier Lopez, Mayor
ATTEST:
________________________________
Diane Nayares-Perez, CMC, City Clerk
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
COUNCIL AGENDA REPORT
MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Sam Royal, Interim Public Works Director
[email protected]
(209) 538-5717
SUBJECT: Resolution No. 20 22-17, A pproving a three- year agreement with Ceres Y outh Baseball (CYB) and the City of Ceres (City) for the use of Costa Fields Ba seball Complex and Authorizing the City Manager to Execute the Agreement.
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve a three- year agreement with Ceres Youth Baseball (CYB) and the City of Ceres for the use of Costa Fields Baseball Complex and authorizing the City Manager to execute said agreement.
I. BACKGROUND:
The City has a long- standing and well -established relationship with the Ceres Youth Baseball (C YB) program. The current agreement between the City and the CYB was approved by Council in January of 2019 and expired December 31, 2021. The new agreement between the City of Ceres and CYB would establish terms and conditions beginning March 28, 2022 running through March 28, 2025.
The agreement offers CYB full access to Costa Fields from February through August for their Recreational league. Fall Ball runs from September through December and the City (Recreation) can, with permission from CYB, reserve and use the unreserved fields during that season. All gate fees are to be collected by CYB for maintenance of the fields.
This access includes practices, ga mes, tournaments, and all Concession stand revenue. It should be noted that during this time, the fields are locked down for CYB access only.
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 7
The cost to the City will continue to be significantly low due to CYB perfor ming more in-kind services and paying the City additional fees per player.
II. REASONS FOR RECOMMENDATION:
CYB wishes to conduct baseball programs in Ceres to serve the youth of the community through the use of facilities owned by the C ity. The C ity wishes to assist the baseball program sponsored by CYB for the benefit of the youth of the community.
III. FISCAL IMPACTS:
The cost to the City is projected to be approximately 20% of the total operat ing expenses for the fields.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
Create a vibrant, safe, attractive, and walkable community that maintains a small-town feel, with parks, trails, shopping, entertainment, and other desirable amenities.
V. P OLICY ALTERNATIVES:
Should the City Council deny the agr eement, the City would attempt to re negotiate with CYB. If the City and CYB cannot come to an acceptable agreement, then CYB would cease to operate at the field until an agreement can be made.
VI. STEPS FOLLOWING APPROVAL:
Following approval, the City Manager will sign the agreement with CYB.
Approved by:_______________________________________________ Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. A greement
ITEM 7
RESOLUTION NO. 2022 - 17
APPROVING A THREE-YEAR AGREEMENT WITH CERES YOUTH BASEBALL (CYB) AND THE CITY OF CERES (CITY) FOR THE USE OF COSTA FIELDS
BASEBALL COMPLEX AND AUTHORIZING THE CITY MANGER TO EXECUTE THE
AGREEMENT
THE CITY COUNCIL
City of Ceres, California
WHEREAS, the City has a long- standing and well established relationship with the Ceres Youth Baseball (CYB) program; and
WHEREAS, the City of Ceres and CYB would establish terms and conditions for a new agreement beginning on March 28, 2022 running through March 28, 2025 and offers CYB full access to Costa Fields from February through August; and
WHEREAS, Fall Ball runs from September through December and the City (Recreation) can, with per mission from C YB, reserve and use the unreserved fields during that season; and
WHEREAS, all gate fees are to be collected by CYB for maintenance of the fields; and
WHEREAS, CYB wishes to conduct baseball programs in Ceres to serve the youth of the
community through the use of facilities owned by the CITY; and
WHEREAS, the CITY wishes to assist the baseball program sponsored by CYB for the benefit of the youth of the community.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Ceres does hereby approves the agreement between the Ceres Youth Baseball (CYB) and the City of Ceres (CITY) for use of the Costa Ball Fields Complex and authorize the City Manager to execute the agreement.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of March 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
___________________________
Javier Lopez, Mayor
ITEM 7
A
TTEST:
_________________________________
Diane Nayares-Perez, CMC, City Clerk
Resolution 2022-17
ITEM 7
AGREEMENT BETWEEN THE CITY OF CERES AND
CERES YOUTH BASEBALL, INC.
THIS AGREEMENT is made by and between the City of Ceres, hereinafter referred to as the "CITY", and CERES YOUTH BASEBALL, INC, hereinafter referred to as "CYB",
WHEREAS, CYB wishes to conduct baseball programs in Ceres to serve the youth of the community through the use of facilities owned by the CITY, and;
WHEREAS, the CITY wishes to assist the baseball program sponsored by CYB for the benefit of the youth of the community, and;
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
A. RIGHTS AND RESPONSIBILITIES OF THE CITY:
That in consideration of CYB provi ding baseball recreational programs for Ceres youth, the CITY shall:
1) Designate CYB as the recognized athletic organization responsible for providin g and organizing youth baseball recreational programs conducted within Ceres.
2) Provide CYB with priority rights for the use of Costa Fields from February through August.
CYB shall have priority rights for the use of the facilities at Costa Ball Field Complex located at Smyrna Park for its Recreational League and five (5) Competitive League tournaments . Prior to April 1 st each year CYB shall provide names and dates of said tournaments. “Recreational League” is hereby defined as an intraclub league in which any Ceres youth may participate in sports without being denied the ability to play based on talent. “Competitive League” is hereby defined as a league where the use of tryouts, invitations, recruiting, or any similar process that rosters players to any team on the basis of talent or ability is used.
No Ceres resident will be turned away for recreational play.
3) CYB shall have the opportunity to reserve the fields at the George Costa Baseball Complex for their Fall League play. All field reservations must be made through the CITY’s Recreation Department prior to any field play. A full schedule must be submitted no later than April 1st to reserve fields. If a schedule is not submitted, any paying customer can reserve fields during this time by paying the set rates with the Recreation Department. CYB will be required to pay a per team rate vs a per player rate for all scheduled non- Recreational league tournaments. That rate will be $100 per team.
ITEM 7
4) CYB shall provide the City on an annual basis by January 1st each year, a list of all Executive Board Members by name and position being held. 5) CYB shall make available a board meeting schedule, meeting agendas posted at least 48 hours prior to the board meeting, and meeting minutes prior to the posting of the next regularly scheduled meeting. Meeting agendas and schedules will be on the CYB website. CYB’s President will be responsible for this posting. 6) CYB shall provide an authorized key holder list to the CITY’s Public Works Director, with no more than eleven ( 11) keys assigned. CYB shall be responsible for the authorized users and/ or keys. Should keys be lost, CYB shall pay for the replacement of all locks and keys for the C omplex(s). The CITY will coordinate replacement of keys/locks.
7) The CITY can schedule tournaments, games and practices for organized activities within the Complex after CYB’s Recreational League, Annual Tournaments and Fall Ball activities are scheduled. Any CITY scheduling will be made after receipt of CYB's schedule for tournaments, games and practices for organized activities on April 1st and Fall Ball activities schedule on May 15th (see Section B.1) All gate fees will be retained by CYB which goes towards field maintenance. 8) CITY scheduled events shall take priority over any CYB non-paid events excluding the Recreational League and Annual Tournaments (see Section B.1) . The CITY shall grant free field usage to CYB for practices outside of the R ecreation League and Annual Tournaments. All field usage must be reserved with the CITY’s Recreation Department no more than two weeks in advance and no less than forty-eight (48) hours before use . The CITY reserves the right to deny, cancel or adjust any free reserved fields within twenty -four hours (24) of the reserved start time.
9) The CITY shall be responsible for the sole maintenance and repair of the main structures within the Complex above and beyond the day-to-day maintenance activities.
10) Vehicle use within the Complex must be approved prior to use by the Direc tor of the Public Works or designee.
11) No CITY property shall be removed from the Complex without prior approval from the Director of Public Works or designee.
B. RIGHTS AND RESPONSIBILITIES OF CYB
That in consideration of the rights granted by the CITY for the use of the facilities identified in this Agreement:
1) CYB shall by April 1st of each year, submit a schedule for the Recreational League and the A nnual T ournaments for use of the Complex and May 15 th for Fall Ball activities. CYB shall not sublet any ball fields at any time. No general public scheduling shall occur during the Recreational L eague season or the Annual Tournaments.
2) All CYB field use, except for Recreational League and Annual Tournaments (See Section B.1), must be scheduled with the Recreation Department no more than ITEM 7
two weeks in advance and no less than forty -eight (48) hours before use . The CITY reserves the right to deny, cancel or adjust any free reserved fields within twenty-four hours (24) of the reserved start time.
3) A list of authorized CYB agents must be presented to the Recreation Department no later than May 15
th of each year. Any changes to the list must be submitted in writing to the Recreation Department before an agent can reserve a field. 4) Coordinate all concessionaire activities during the Recreational L eague, Annual Tournaments, any other tournaments and/or events scheduled by the CITY. A list of products to be sold along with pricing shall be approved by the CITY prior to selling.
5) CYB shall be responsible for marketing the Costa Ball Field Complex for advertisement. Banners shall be four ( 4) feet in height and either six ( 6), eight (8), or ten ( 10) feet in length. Any additional banner sizes must be approved by the Public Works Director. CYB will manage placement of all sponsored advertisements.
6) Collection of Revenues:
a) CYB shall retain all gate fees and registration during the Recreational L eague and the Annual Tournaments.
b) CYB shall retain all concession revenues.
7) CYB shall be responsible for all field and general facility preparation for all scheduled tournaments, games and events at the Costa Ball Field Complex. 8) CYB shall be responsible for all field preparation at the Costa Ball Field Complex.
In return for the field preparation, the CITY will deliver to CYB:
1) One (1) pallet of base line chalk
2) One (1) pallet of drying agent
9) CYB shall m aintain the Costa Ball Field Complex in a clean and safe manner throughout the entire year (s ee Exhibit C “Maintenance Standards” ). In return, the CITY shall deliver each January to CYB:
1) 20 cases of toilet paper
2) 10 cases of toilet seat covers
3) 10 cases of 55-gallon trash bags
4) Two (2) cases of 3- gallon trash bags
10) CYB shall assume all lawn maintenance. Refer to Exhibit C “Maintenance Standards”.
a) CYB shall perform all irrigation system maintenance. Annually, each January, the CITY shall deliver to CYB:
1) T hree (3) cases of sprinklers
11) CYB shall be responsible for all field conditioning. 12) CYB shall be responsible for the usage of all ball field lighting at the complex. Ball field lighting shall only be used from dusk to 11:00 p.m. 13) CYB will pay the CITY a player fee based on the number of Recreational League registered players. Player fees are assessed per registered player to help offset the operation and maintenance cost associated with the Costa Ball Field Complex.
Payment is due no later than April 30 th of each year. Fees for the Recreational League year are $20.00 per player.
ITEM 7
14) CYB shall provide the City with complete rosters by April 1st a list of all players in the CYB Recreational League who has a schola rship including any players whose registration fee is paid in full, partially paid, or when their fee is waived. 15) CYB shall include youth softball activities as a part of its program. 16) CYB shall make every attempt to shop local.
17) CYB shall, on a weekly basis, provide landscape services to Smyrna Park; weed eating, edging, and blowing all hard edges, walkways, and tree skirts. 18) CYB shall, on a quarterly basis provide a copy of its financial reports including but not limited to revenue by month, expenditures by month, concessions r eport by month to the Public Works Department no later than six (6) weeks after the end of each quarter.
19) CYB shal l pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.
20) CYB shall c ooperate with the CITY and to assist the CITY in funding of needed improvements to the baseball facilities utilized by CYB . No new or existing improvements may be constructed by CYB without an approval by the Director of Public Works.
21) No later than April 1st of each year, CYB shall provide a copy of the sign-up forms indicating a Release/Waiver of Liability from the parents of all participants in any leagues.
C. INSURANCE REQUIREMENTS
CYB shall maintain during the term of this Agreement, Commercial General Liability coverage, which will protect the CITY and CYB from all liability for death, injury or property damage arising out of the use of CITY property. The policy shall name the CITY and the CUSD as an additional insured by a separate written endorsement and shall cover no less than $2 million per occurrence for bodily injury and property damage. CYB shall provide the CITY annually proof of such insurance coverage. CYB shall provide proof of workers’ compensation for all employees providing services at CITY properties.
ITEM 7
D. INDEMNITY
CYB shall indemnify, defend and hold harmless the CITY, their officers, officials , volunteers and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of any services or activities conducted, including acts of negligence of the CITY.
CYB's obligation to defend, indemnify, and hold CITY, or its agents, officers, volunteers and employees harmless Lender the provision of this paragraph is not limited to or restricted by any requirements in this Agreement for CYB to procure and maintain a policy of insurance.
E. RULES AND REGULATIONS
1. CYB shall abide by all Rules of the Costa Ball Field Complex and this Agreement, as adopted by the CITY Council and may be amended from time to t ime.
Violations of the Rules or this Agreement will result in the following consequences:
1st Violation A written warning advising CYB of the violation 2nd Violation $100 fine
3rd Violation $200.00 fine (and subsequent violations)
4th Violation Termination
2. A violation is any reported and verified breach of the Rules, Rates, Standards and this Agreement. The violations will be cumul ative per calendar year . The CITY’s Recreation and/or Public Works Department will be the determining agency. • Exhibit “A” Costa Ball Field Complex Rules & Regulations. • Exhibit “B” Recreation Reservation Rates
• Exhibit “C” Maintenance Standards
• Exhibit “D” Certificate of Insurance
ITEM 7
3. The CITY shall have the right to terminate this agreement upon the failure of CYB to perform the obligations required by the Agreement. In the event CYB fails to perform any of its obligations under this agreement, it shall be given thirty (30) days written notice of such failure by the CITY. If the failure to perform is not rectified within thirty (30) days of the service of said notice, the CITY may term inate this Agreement.
F. TERM OF AGREEMENT
The terms of t his Agreement shall commence on March 28, 20 22 and continue until March 28, 2025. Th e Parties agree that prior to the expiration of the terms of this Agreement they will meet in good faith to negotiate a new agreement . At any time, either party may request to meet and confer on this Agreement . Any request to reopen must be done so in writing.
G. TERMINATION
This agreement may be terminated by mutual agreement at any time or as set forth above in Section E.
IN WITNESS WHERE OF, we have signed this agreement on the date set forth herein above
Dated: ____________________________ Dated: _______________________________
CITY OF CERES, a municipal corporation Ceres Youth Baseball, Inc.
By: _______________________ By: _________________________ Alex Terrazas, City Manager Dima Ferrell, CYB President Ceres, CA
APPROVED AS TO FORM:
By: _____________________________
Tom Hallinan, City Attorney
ATTEST:
________________________________
Diane Nayares-Perez, City Clerk
ITEM 7
COUNCIL AGENDA REPORT
MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Sam Royal, Associate Engineer/Interim Director of Public Works [email protected]
(209) 538-5617
SUBJECT: R esolution No. 2022-18, Accepting the STPL-5241 (073) B laker Road and Central Avenue Overlay Project as Complete ,
Approve the Balancing Contract Change Order, Authorizing the Fili ng of the Notice of Completion and Retention Release to the Contractor.
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt a Resolution accepting the SPTL-5241 (073) Blaker Road and Central Av enue Overlay Project
as complete; approve the B alancing
Contract Change Order, authorize the filing of the Notice of Completion and retention release to the Contractor.
I. BACKGROUND:
The project involved asphalt cold plain removal, overlay Hot Mix As phalt (HMA), installing new pavement marking and striping, new traffic detector loops along Blaker Road between Whitmore Avenue and Hackett Road , and along Central Avenue between Industrial Way and Service Road.
II. REASONS FOR RECOMMENDATION:
All work has been completed in accordance with the contract proposal.
III. FISCAL IMPACTS:
The contract was awarded in the amount of $716,732.75, plus a 10% contingency . The final construction cost for the project was $752,664.06, only 5% of the contingency amount was used.
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 8
IV. INTERDEPARTMENTAL COORDINATION:
Upon acceptance of th is work, the Public Works Street Department will provide ongoing regular maintenance.
V. ENVIRONMENTAL REVIEW:
All environmental work was completed prior to the award of this project.
VI. STEPS FOLLOWING APPROVAL:
The Notice of Completion will be filed, and the 5% retention will be released after 35 days if no claims are filed.
Approved by: _______________________________________________ Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. NOC
3. B CCO
ITEM 8
RESOLUTION NO. 2022-18
RESOLUTION ACCEPTING THE STPL-5241 (073) BLAKER ROAD
AND CENTRAL AVENUE OVERLAY PROJECT AS COMPLETE,
APPROVE THE BALANCING CONTRACT CHANGE ORDER,
AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION AND
RETENTION RELEASE TO THE CONTRACTOR.
THE CITY COUNCIL
City of Ceres
WHEREAS, the contractor has completed all work required pursuant to their contract with the City of Ceres for the STPL-5241 (073) Blaker Road and Central Avenue Overlay Project; and,
WHEREAS, the City Engineer has recommended that this project be accepted as complete, that the contractor, George Reed Inc. , be paid all sums due under the contract; and,
WHEREAS, the final contract amount is $ 752,664.06 and the funds to cover the final payment and retention funds are available in account numbers 268.95.800500, and 271.95.800500; and,
WHEREAS, it appears that the sums due under the contract are reasonable.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby accept the project as complete, directs the City Clerk of the City of Ceres to file a Notice of Completion; and further directs that the contractor be paid all sums due under the contract less five percent (5%) retention, which five percent (5%) retention shall be paid no earlier than 35 days after filing of said notice.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of March 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
_____________________________
Javier Lopez, Mayor
ATTEST:
_______________________________
Diane Nayares-Perez, CMC, City Clerk
ITEM 8
ITEM 8
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. On June 14, 2021, the City of Ceres , a Municipal Corporation in the County of Stanislaus, State of California accepted the bid of George Reed Inc. , for the STPL-5241 (073) Blaker Road and Central Avenue Overlay Project.
2. On February 18, 2022, the said contract as a whole was completed by George Reed Inc. and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 28th day of March, 2022.
3. A faithful performance bond and/or warranty bond in the amount of ten (10) percent of the contract price will be forced for a period of one year after notice of completion is filed.
By: _______________________________
Diane Nayares-Perez, City Clerk
City of Ceres
VERIFICATION
I, the undersigned, affirm:
I am the person who signed the foregoing notice. I have read and understand the above notice and know its contents, and the facts stated therein are true and correct to the best of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed in the City of Ceres, County of Stanislaus, State of California on this 28th day of March, 2022.
By: ________________________________________,
Diane Nayares-Perez, City Clerk
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COUNCIL AGENDA REPORT
MEETING DATE: MARCH, 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Associate City Engineer
[email protected]
, (209) 538-5617
SUBJECT: Resolution No. 20 22-19, Awarding the Construction Contract for the School T raffic S afety at V arious L ocations to P elagic Engineering, Authorizing a 10% Contingency , Authorizing a Budget Amendment, and Authorizing the Ci ty Manager to
Execute the Contract.
RECOMMENDED COUNCIL ACTION:
Staff recommends the a warding o f the Contract for the S chool T raffic S afety at V arious Location in the amount of $100,466. 00, authoriz ing a 10% contingency of $10,046 .60, authorizing a budget amendment , and authoriz ing the City Manager to execute the contract.
I. B ACKGROUND:
The proj ect con sists of furnishing and installing tra ffic safety units using solar powered equipment including rectangular rapid flashing beacon devices, p edestrian push buttons, signage, and mounting poles at various school crossing in the city of Ceres.
II. REASONS FOR RECOMMENDATION:
Proposals for the construction were due on March 1st , 2022. Of the six (6) bids received, Pelagic Engineering submitted the lowest responsive and r esponsible bid in the amount of $100,466.00. A ten percent contingency of $ 10,046.00 brings the project construction total to $110,512.00. A memo with the detailed comparison of the bid results is attached.
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
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III. FISCAL IMPACTS:
The project was included and programmed in the Fiscal Year 2021/22 Capital Improvement Program (CIP) list for a total amount of $100,000.00 in account number 271.95.800500.
As a res ult of a bid summary, a budget amendment is necessary to fully fund this proj ect.
We are requesting additional funds in th e amount of $15,000 added into account number 271.95.800500. These additional funds will also accommodate for unforeseen costs that are in the project scope.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This proj ect is i n conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.
V. POLICY ALTERNATIVES:
The City Council can choose to direct staff to reject the bids and re- bid the project; or reject the bids and eliminate the project.
VI. INTERDEPARTMENTAL COORDINATION:
This project has been coordinated with the Public Works Department.
VII. PUBLIC PARTICIPATION:
There were no committees or public participation involved in this project.
VIII. ENVIRONMENTAL REVIEW:
This project is a CEQA Categorical Exemption as per Section 15301(c) Existing Facilities.
IX. STEPS FOLLOWING APPROVAL:
Execute the Contract with the contractor, conduct a preconstruction conference and issue the Notice to Proceed.
Approved by: ________________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. Bu dget Amendment
3. B id Results
ITEM 9
RESOLUTION NO. 2022-19
RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR
THE SCHOOL TRAFFIC SAFETY AT VARI OUS LOCATIONS TO
PELAGIC ENGINEERING , AUTHORIZING A 10% CONTINGENCY ,
AUTHORIZING A BUDGET AMENDMENT, AND AUTHORIZ ING THE
CITY MANAGER TO EXECUTE THE CONTRACT.
THE CITY COUNCIL
City of Ceres
WHEREAS, proposals for the construction contract for the School Traffic Safety at Various Locations were due on March 1, 2022; and,
WHEREAS, the lowest responsive and responsible bid for said School Traffic Safety at Various Locations was received from Pelagic Engineering, for an amount of $100,446.00; and,
WHEREAS, a construction contingency in the amount of 10% is necessary and appropriate to accommodate any unforeseen costs bringing the total construc tion authorization to $110,512.00; and,
WHEREAS, the School Traffic Safety at Various Locations was programmed in the FY 2021/22 Capital Improvement Program CIP list in account number 271.95.800500 in the amount of $100,000.00, and a budget amendment is necessary to fully fund the project; and,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ceres that the School Traffic Safety at Various Locations is awarded to P elagic Engineering, in the amount of $100,446.00 and a 10% contingency in the a mount of $10,046.00 and authorize the City Manager to execute the contract.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Budget Amendment, and the Finance Director is hereby authorized and directed to record the appropriate accounting entries as shown on the attached Budget Amendment.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28
th day of March, 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ITEM 9
_______________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Diane Nayares-Perez, CMC, City Clerk
Resolution 2022-19
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Exhibit "A"
Budget Amendment No.
Fiscal Year 2021 - 2022
Reference Resolution No. 2022-19, dated March 28, 2022
authorizing appropriations for the School Traffic Safety At Various Locations as follows:
Appropriations:
Fund Name Fund
No.
Dept.
No.
Object
No.
Appropriation
Amount
Measure L Funds 271 95 800500 $15,000.00
Requested Appropriation $15,000.00
2021 - 2022 Current Appropriation $100,000.00
Total Appropriation $115,000.00
Estimated Revenues:
Fund Name Fund
No.
Type
No.
Object
No.
Estimated
Revenue Amt.
Total Estimated Revenue
2021 - 2022 Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:
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NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Mobilization LS 1 $10,000.00 $10,000.00 $2,400.00 $2,400.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00 2 Public Convenience and Safety LS 1 $2,500.00 $2,500.00 $4,400.00 $4,400.00 $2,000.00 $2,000.00 $5,500.00 $5,500.00 3 Demolition, Removal &
Restoration LS 1 $3,500.00 $3,500.00 $3,000.00 $3,000.00 $22,946.00 $22,946.00 $18,000.00 $18,000.00 4 Minor Concrete SF 90 $50.00 $4,500.00 $15.00 $1,350.00 $25.00 $2,250.00 $120.00 $10,800.00 5 Thermoplastic Striping LS 1 $1,200.00 $1,200.00 $6,600.00 $6,600.00 $3,875.00 $3,875.00 $6,500.00 $6,500.00 6 RRFB System Without Pole EA 2 $6,300.00 $12,600.00 $12,786.00 $25,572.00 $10,442.00 $20,884.00 $10,000.00 $20,000.00 7 RRFB System With New Pole EA 4 $8,700.00 $34,800.00 $14,286.00 $57,144.00 $12,099.00 $48,396.00 $13,250.00 $53,000.00 $69,100.00 $100,466.00 $102,851.00 $118,800.00
NOTE:
*
SINCLAIR GENERAL ENGINEERING
CENTERLINE STRIPING COMPANYNONE
SUB-CONTRACTORS:
SCHOOL TRAFFIC SAFETY AT VARIOUS LOCATIONS
BID TABULATION SHEET
BID DUE: March 1, 2022 at 2:00 PM
Engineer's Estimate PELAGIC ENGINEERING PACIFIC EXCAVATION
OXNARD, CA ELK GROVE, CA
(P22-001)
COLLINS ELECTRIC
STOCKTON, CA
TOTAL BID:
WOMACK STRIPING
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SCHOOL TRAFFIC SAFETY AT VARIOUS LOCATIONS
BID TABULATION SHEET
BID DUE: March 1, 2022 at 2:00 PM
(P22-001)
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Mobilization LS 1 $10,000.00 $10,000.00 $4,000.00 $4,000.00 $6,475.00 $6,475.00 $14,000.00 $14,000.00 2 Public Convenience and Safety LS 1 $2,500.00 $2,500.00 $10,000.00 $10,000.00 $1,500.00 $1,500.00 $31,000.00 $31,000.00 3 Demolition, Removal &
Restoration LS 1 $3,500.00 $3,500.00 $11,000.00 $11,000.00 $13,975.00 $13,975.00 $11,000.00 $11,000.00 4 Minor Concrete SF 90 $50.00 $4,500.00 $94.00 $8,460.00 $45.00 $4,050.00 $32.00 $2,880.00 5 Thermoplastic Striping LS 1 $1,200.00 $1,200.00 $7,300.00 $7,300.00 $2,650.00 $2,650.00 $8,400.00 $8,400.00 6 RRFB System Without Pole EA 2 $6,300.00 $12,600.00 $9,000.00 $18,000.00 $13,875.00 $27,750.00 $15,000.00 $30,000.00 7 RRFB System With New Pole EA 4 $8,700.00 $34,800.00 $15,175.00 $60,700.00 $17,925.00 $71,700.00 $18,000.00 $72,000.00 $69,100.00 $119,460.00 $128,100.00 $169,280.00
NOTE:
*
TOTAL BID:
SUB-CONTRACTORS:
CENTERLINE STRIPING COMPANY NONE CHRISP COMPANY
Engineer's Estimate ST. FRANCIS TENNYSON ELECTRIC RAY'S ELECTRIC
SAN LEANDRO, CA LIVERMORE, CA OAKLAND, CA
ITEM 9
COUNCIL AGENDA REPORT
MEETING DATE: MARCH, 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Christopher Hoem, Community Development Director christopher [email protected], (209) 538-5778
SUBJECT: Resolution No. 20 22-20, A pproving the Improvement Agreement and Recordation of the Subdivision Ma p for the Olive Villas Subdivision.
RECOMMENDED COUNCIL ACTION:
Staff recommends the C ity Council approve the Resolution, approving t he Improvement Agreement and Recordation of the Subdivision Map for the Olive Villas Subdivision.
I. B ACKGROUND:
The project consists of a subdiv ision of 1.67 acres into 18 homes consisting of 10 single family homes and 8 townhome units. The Vesting Tentative Subdivision Map was approved by the City of Ceres P lanning Commission on June 15, 2020 . After approval of the Improvement Agreement and recor dation of the final map, staff expects construct ion to commence on the Olive Villas Subdivision Project.
II. REASONS FOR RECOMMENDATION:
The Improvement Agreement is in a form approved by the City Attorney. The Improvement Agreement obligat es the Developer to construct improvements as presented on the project’s improvement plans and the Vesting Ten tative Subdivision Map c onditions of approval. The agreement specifies public improvement securities that the Developer must provide including specific amounts and the du ration. The agreement provides indemnification to the City by the Developer and requires the Developer to maintain various insurance coverages. The Olive Villas Subdivision Map is ready for recordation, and it is in substantial conforma nce to the approved Vesting Tentative Subdivision Map and the project’s conditions of approval. The requirements for the f iling and recordation of the Subdivision Map have been met.
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 10
III. FISCAL IMPACTS:
The Developer has paid a deposit towards Engineering Department plan check and inspection fees.
The securities as required by Ceres Municipal Code section 17.18.070 have been provided and approved by the City Attorney.
The Engineering Department has determined that the required security is sufficient to cover the cost of said improvements, engineering, inspec tion, fees, and incidental expenses. The securities are based on the E ngineer’s Est imate of $186,737.00 for the value of improvements to be constructed in the public right of way for Olive Villas Subdivision.
IV. INTERDEPARTMENTAL COORDINATION:
This project was coordinated with the Engineering Services Department. Up on acceptance of this work, the Public Works Street Department will prov ide ongoing regular maintenance of the public improvements.
V. ENVIRONMENTAL REVIEW:
All environmental documents have been completed.
VI. STEPS FOLLOWING APPROVAL:
The City will co ordinate with the Stanislaus County Recorder’s Office for the recordati on of the subdivision map.
Approved by: __________________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. Improvement Agreement
3. Subdivision Map
ITEM 10
RESOLUTION NO. 2022-20
RESOLUTION APPROVING THE IMPROVEMENT AGREEMENT AND
RECORDATION OF THE SUBDIVISION MAP FOR THE OLIVE VILLAS SUBDIVISON.
THE CITY COUNCIL
City of Ceres
WHEREAS, the Hatch Associates, LLC. (DEVELOPER) owns the land situated in the City of Ceres, consisting of 1.67 acres, known as the Olive Villas Subdivision; and
WHEREAS, the Vesting Tentative Subdivision Map was approved by the City of Ceres Planning Commission on June 15, 2020 with conditions of approval as noted in the PC Resolution 20-21 VTSM; and
WHEREAS, the City of Ceres Secretary of the Planning Commission and the City Engineer have certified that the Olive Villas Subdivision Map substantially conforms to the approved tentative subdivision map; and
WHEREAS, the required public improvements have not been completed; and
WHEREAS, the DEVELOPER has executed a Subdivision Improvement Agreement and provided the required securities for all public improvements; and
WHEREAS, said securities are in forms acceptable to the City Attorney and in the amounts required by the City Engineer; and
WHEREAS, the City of Ceres City Engineer has certified that the Olive Villas Subdivision Map meets the provisions of California Subdivision Map Act and the provisions of the Cere Municipal Code relating to Subdivisions, and the City Surveyor has determined that the map is technically correct, and
NOW THEREFORE BE IT HEREBY RESOLVED by the Council of the City of Ceres that it hereby approves the Olive Villas Subdivision Map , and that the dedications for public streets and easements as shown thereon within the boundaries of said map be accepted on behalf of the public for public use.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to certify the map on behalf of the City of Ceres.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Improvement Agreement.
ITEM 10
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of March, 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
_______________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Diane Nayares-Perez, CMC, City Clerk
Resolution 2022-20
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COUNCIL AGENDA REPORT
MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
Tom Hallinan, City Attorney
CONTACT: Tom Hallinan, City Attorney, [email protected]
Diane Nayares-Perez, City Clerk, [email protected]
SUBJECT: Resolution 20 22-21, A uthorizing the City to Continue Teleconferenced Public Meeti ngs Pu rsuant t o Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.
RECOMMENDED COUNCIL ACTION:
Staff recommends Council adopt a Resolution authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361.
I. BACKGROUND:
Governor Gavin Newsom signed Executive Order N -15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency un der modified Brown Act requirements that are similar but not identical to the rules and procedur es established by the previous Executive Brown Act Orders.
This bill, u ntil January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M.
Brown Act when a legislati ve body of a local agency holds a meeting during a declared state of eme rgency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 11
II. REAS ONS FOR RECOMMENDATION:
On June 11, 2021, Governor Newsom issued Ex ecutive Order N -08-21, which among other things rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
As the Delta variant has s urged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards. AB 361 allow s a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
• The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
A local agency that holds a meeting under thes e circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additio nal requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.
Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agen cy provides notice of the teleconferenced meeting or posts its agend a, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or an i nternet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call- in or internet -based service option or is within the local agency’s control and pr events the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).
ITEM 11
•
Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third- party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.
AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N -29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.
Since January of 2021, the C eres C ity Council meetings hav e been held with virtual hybrid teleconference components. The City Council Chamber is open for public attendance and allows for public participation through a virtual environment. On October 11, 2021, the Ceres City Council ado pted Resolution No. 2021-101 authorizing the City to implement telec onferenced public meetings pursuant to Assembly Bill 361 . This allowed the City to continue a hybrid virtual meeting environment. The legislative body must now conduct the 30- day review and make the ne cessary findings to continue to meet in a virtual hybrid environment.
III. FISCAL IMPACTS:
There is no fiscal impact.
IV. INTERDEPARTMENTAL COORDINATION:
The response was prepared by the City Attorney in coordination with the City M anager and City Clerk.
V. PUBLIC PARTICIPATION:
The public is encouraged to provide input at the City Council meeting.
ITEM 11
VI. STEPS FOLLOWING APPROVAL:
If Council makes the finding that the state of emergency continues to directly impact the ability of m embers to meet safely in person, and/ or State or local officials conti nue to impose or recommend social distancing measures , t he City will continue using the hybrid environment. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
Prepared by: __________________________
Tom Hallinan, City Attorney
Submitted by:______________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
ITEM 11
RESOLUTION NO. 2022-21
AUTHORIZING THE CITY TO CONTINUE TELECONFERENCED
PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 ALLOWING
THE CITY TO CONTINUE A HYBRID VIRTUAL MEETING
ENVIRONMENT.
THE CITY COUNCIL
City of Ceres
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and
WHEREAS, on March 23, 2020, the City Council adopted Resolution N umber 2020-23 declaring a local emergency due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.
Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N -29-20, staff set up Zoom meetings for all City Council, Planning Commission and Measure H Oversight Committee meetings; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N -08- 21, which placed an end date of September 30, 2021, for agencies to meet remotely; and
WHEREAS, since issuing Executive Order N -08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and
WHEREAS, on October 11, 2021, the City Council adopted Resolution No. 2021- 101 a uthorizing the City to i mplement teleconferenced public meetings pursuant to Assembly Bill 361 allowing the City to continue a hybrid virtual meeting environment. The City will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings and there is a need to continue the virtual hybrid meeting environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES
RESOLVES AS FOLLOWS:
ITEM 11
1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:
a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions /Committees, as well as staff and members of the public, from meeting safely in person; and
c. The Stanislaus County Health orders require all individuals in public spaces to maintain social distancing.
2. City Council and Commission/Committee meetings will continue to be conducted with a virtual hybrid component for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.
3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of March, 2022 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
_____________________________
Javier Lopez, Mayor
ATTEST:
_______________________________
Diane Nayares-Perez, CMC, City Clerk
ITEM 11
COUNCIL AGENDA REPORT
MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Leticia Dias, Director of Finance
[email protected]
, (209) 538-5764
SUBJECT: Resolution No. 20 22-22, approving accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for drinking water arrearage in an amount not to exceed $ 576,872 and authorizing the submission of an
application to the CWWAPP for the wastewater arrearage amount estimated at $546,972.
RECOMMENDED COUNCIL ACTION:
Staff recommends Council approve the acceptance of funds from the Califo rnia Water and Wastewater Arrearage Payment Pr ogram (CWWAPP) for drinking water arrearage in an amount not to exceed $576,872 and authorizing the submission of an application to the CWWAPP for the wastewater arrearage amount estimated at $546,972.
I. BACKGROUND:
On March 4, 2020, Governor Newsom procl aimed a state of emergency due to the COVID - 19 pandemic, issued Executive Order N-33-20 to require individuals to stay at home except as needed to maintain continuity of critical operations, issued Executive Order N -42-20 prohibiting discontinuation of w ater service indefinitely, and issued Executive Order N -60- 20 that created a risk-based approach to reopening the economy.
The stay-at-home order and risk -based reopening framework were rescinded on June 11, 2021, by Executive Order N -07-21 and ma ny provi sions o f other Executive Orders were phased out by Executive Order N -08-21 including establishing an end date for the shutoff moratorium on September 30, 2021.
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 12
There have been economic impacts as a result of the COVID -19 pandemic and associated public health measures, including leaving many Californians unable to pay their water and wastewater bills due to lack of reliable and consistent employment. The impact of customers’ inability to pay for these utilities continue to negatively affect City revenues, an d various executive orders and/or legislation prohibited service terminations.
In response to the economic conditions caused by the COVID -19 pandemic the State established Assembly Bill No. 128 and amended by Senate Bill No. 129, which provides nearly $1 billion to the State Water Resources Control Board to administer the WWAPP to reduce delinquent water and wastewater balances for customers experiencing financial hardships related to the economic impacts of the COVID -19 pandemic.
Funding for CWWAP P is gen erated from the State’s share of the federal Coronavirus Fiscal Recovery Funds.
II. R EASONS FOR RECOMMENDATION:
Implementing Assembly Bill No. 128 and amended by Senate Bill No. 129, the State Water Resources Control Board (SWRCB) conducted a stat e-wide s urvey of water systems to determine the total amount of drinking water debt accumulated in the state between March 4, 2020, and June 15, 2021. The Finance Department complied the required data to submit for Ceres in December, 2021. Once the total amount of drinking water debt was submitted to the state, the SWRCB began distributing funds to address drinking water arrearages in January.
The funding allows Water utilities to expend up to three percent (3%), or up to $1 million, whichever is less, for administrative costs the system incurs in applying for assistance or complying with Program requirements. For Ceres , this amount equals $17, 306. Remaining funds of $576,872 received by the City must be applied as bill credits to customers within 60 days of receiv ing funds. The City received the water arrearage funding on January 28, 2022 and the Utility Billing team is working diligently to post these credits no later than March 28, 2022.
Additional support for utility bill customers was provided in Assem bly Bill 1 48, which created customer protections that require a community water system to offer a payment plan to affected customers and refrain from discontinuing service until (1) September 30, 2021, or (2) for a customer that has been offered an opportunity to pa rticipate in a payment plan, the date the customer misses the enrollment deadline for, or defaults on, the payment plan, whichever is later. The City had implemented a payment plan prior to C OVID-19, and this referenced legislation and continues to comm unicate with delinquent customers to inform them about the City’s payment plan structure.
As part of receiving this funding, the City must comply with the program requirements defined below which include:
1) Waiving customer late fees for any arrearage accrued during the COVID -19 pandemic bill relief period;
ITEM 12
2) Notifying customers of the amount credited to their account; 3) Offering to enroll customers with remaining debt into a payment plan; and 4) Allowing customers 30 days to enroll in the payment plan
The program requirements allowed for the City to apply for funding for delinquent balances incurred during the established COVID relief period of March 4, 2020 to June 15, 2021. The City has not moved forward with any water shutoffs at this time but anticipates to r esume water shutoffs in May, 2022. The City’s priority is to apply the credits received from this funding and actively communicate with the customers about establishing a payment plan for the remaining delinquent balance due to the City . In addition, the City will provide communication at least 30 days in advance to advise on the timeframe of when shutoffs will be reinforced due to no payment being applied against their account.
The CWWAPP is only addressing drinking water arrearag es as part of this initial funding.
The SWRCB is conducting another survey to determine state- wide wastewater debt and make remaining program funds available to Community utilities carrying wastewater debt.
The California Wastewater Arrearage Payment Pr ogram (P rogram) survey application opened on February 1, 2022 and the application deadline is April 1, 2022. The funding is available for debt accrued from March 4, 2020, through June 15, 2021 similar to the water arrearage program. The wastewater arrearage amount f or the City is estimated at $546,972.
III. FISCAL IMPACTS:
The federal funding relief received for the drinking water debt in the amount of $576,872 will be receipted in the Water Fund and will help address the account delinquencies over 60 days p ast due. This relief will cover the unpaid bills during this relief period (March 4, 2020 to June 15, 2021) for 989 residential and 23 commercial customers.
The federal funding relief the City will apply for associated with the wastewater debt is estimated to be $546,972, which will add ress the outstanding delinquency for the Wastewater Fund. Based on the requirements of the program, the City is able to apply for delinquency over 60 days during the COVID relief time period of March 4, 2020 to June 15, 2021.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
Government Operations: Provide quality services to meet community needs, assuring that the City has helpful staff who partners with other public agencies to provide efficient services.
V. POLICY ALTERNATIVES:
The Council could choose not to accept the Water and Wastewater Arrearage funding.
VI. INTERDEPARTMENTAL COORDINATION:
ITEM 12
None
VII. STEPS FOLLOWING APPROVAL:
Staff will work to get all available/awarded funding credited to customer arrearages.
Approved by:_______________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
ITEM 12
RESOLUTION NO. 2022-22
ACCEPTING THE FUNDS FROM THE CALIFORNIA WATER
AND WASTEWATER ARREARAGE PAYMENT PROGRAM (CWWAPP)
FOR DRINKING WATER ARREARAGE IN THE AMOUNT NOT TO
EXCEED $573,872; AND AUTHORIZING THE SUBMISSION OF AN
APPLICATION TO THE CWWAPP FOR THE WASTEWATER
ARREARAGE AMOUNT ESTIMATED AT $546,972
THE CITY COUNCIL
City of Ceres
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a state of emergency due to the COVID-19 pandemic, issued Executive Order N-33-20 to require individuals to stay at home except as needed to maintain continuity of critical operations, issued Executive Order N-42-20 prohibiting discontinuation of water service indefinitely, and issued Executive Order N-60-20 that created a risk-based approach to reopening the economy; and
WHEREAS, the stay-at-home order and risk-based reopening framework were rescinded on June 11, 2021, by Executive Order N-07-21 and many provisions of other Executive Orders were phased out by Executive Order N-08-21 including establishing an end date for the shutoff moratorium on September 30, 2021; and
WHEREAS, there have been economic impacts as a result of the COVID-19 pandemic and associated public health measures, including leaving many Californians unable to pay their water and wastewater bills due to lack of reliable and consistent employment. Community utility systems continue to be negatively affected by the impacts and requirements of the Executive Orders making assistance critically important; and
WHEREAS, the State Water Resources Control Board (SWRCB) conducted a state-wide survey of water systems to determine the total amount of drinking water debt accumulated in the state between March 4, 2020, and June 15, 2021; and
WHEREAS, the Finance Department complied the required data to submit this survey for Ceres in December, 2021; and
WHEREAS, the City received the water arrearage funding in the amount of $576,872 on January 28, 2022 and the Utility Billing team is working diligently to post these credits no later than March 28, 2022; and
WHEREAS, as part of receiving this funding, the City must comply with the program requirements defined below which include:
1) Waive customer late fees for any arrearage accrued during the COVID-19 pandemic bill relief period
2) Notify customers of the amount credited to their account 3) Offer to enroll customers with remaining debt into a payment plan 4) Allow customers 30 days to enroll in the payment plan; and ITEM 12
WHEREAS, the City’s priority is to apply the credit received from this funding and actively communicate with the customers about establishing a payment plan for the remaining delinquent balance due to the City; and
WHEREAS, SWRCB is conducting another survey to determine state-wide wastewater debt and make remaining program funds available to Community utilities carrying wastewater debt; and
WHEREAS, the funding is available for debt accrued from March 4, 2020, through June 15, 2021 similar to the water arrearage program and the wastewater arrearage amount for the City is estimated at $546,972.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby accept the funds from the California Wat er and Wastewater Arrearage Payment Program (CWWAPP) for drinking water arrearage in an amount not to exceed $576,872.
BE IT FURTHER RESOLVED by the Council of the City of Modesto that it hereby authorize the submission of an application to the CWWAPP for the wastewater arrearage amount estimated at $546,972.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28
th day of March, 2022 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Diane Nayares-Perez, CMC, City Clerk
ITEM 12
The COVID-19 pandemic has made it difficult for many Californians to pay their bills due to job loss and other hardships. The State Water Board is administering the California Water and Wastewater Arrearage Payment Program to provide community water systems with financial relief for unpaid water bill debt from their residential and commercial customers.
Who can apply:
Community water systems may apply for funding to cover residential and commercial accounts that are 60 days or more behind on payments for debt accrued between March 4, 2020 and June 15, 2021.
The program will fund debt related to drinking water first. Beginning in February 2022, the program will fund wastewater debt.
This program is only for water systems; customers cannot apply. Participating water systems will credit customers’ accounts and notify them that their water bill debt has been forgiven or reduced.
The Department of Community Services & Development is creating a Low-Income Household Water System Program that will provide emergency assistance to income-eligible Californians who need additional relief for COVID-19 related water debt.
What else you should know:
The program will allocate $985 million in federal funding authorized by Governor Newsom and the California State Legislature.
Based on responses to the Drinking Water Arrearage Survey that the State Water Board has received, there are adequate funds available to meet 100% of reported drinking water arrearages and up to 3% (not to exceed $1 million) in administrative costs for community water systems.
Community water systems CANNOT disconnect customer service for nonpayment:
o Prior to Dec. 31, 2021, to comply with the State Legislature’s extension of the COVID-19 moratorium on water shutoffs (Senate Bill 155).
ITEM 12
2 o Without offering customers a payment plan and allowing them 30 days to enroll, or before the date a customer is no longer current on an established payment plan, whichever is later.1
The program will begin disbursing funds by Nov. 1, 2021, and it will end on Jan. 31, 2022. Timing of payments to small community water systems (i.e., those with fewer than 3,300) will be prioritized.
How community water systems can apply:
Water systems that completed the survey can open and submit the application beginning Oct. 5, 2021. The application will remain open until Dec. 6, 2021. It can be completed at https://ear.waterboards.ca.gov.
o To request information on the required forms and documentation for the Application, please send an email to DFA-
[email protected].
o The State Water Board will provide inst ructions to participating systems on the documentation required to show proper use of the funds.
Water systems that missed the survey deadline can still participate:
Water systems that missed the survey deadline or previously declined participation may still participate in the program.
o The State Water Board will open an abbreviated survey on Oct 5. 2021 at https://ear.waterboards.ca.gov.
o After water systems complete the abbreviated survey, the Water Board will review the information, and then open up the application to the water system. o The abbreviated survey and application must be submitted by Dec. 6, 2021.
For technical assistance with completing the survey and/or application, please submit a Technical Assistance Form [PDF] and email it to [email protected].
For more information:
Visit: https://bit.ly/CWWAPP
Email: [email protected] Call: (916) 322-6227 (voicemail line)
Sign up for email updates: https://bit.ly/CWWAPP (Complete the short form at the bottom of the page.)
1 Health and Safety Code section 116773.4, subdivision (e) ITEM 12
Wastewater Debt Assistance Information for Wastewater Agencies The COVID-19 pandemic has made it difficult for many Californians to pay their bills due to job loss and other hardships. As part of the state’s efforts to help Californians recover from the pandemic, the State Water Resources Control Board (State Water Board) is offering financial relief to wastewater agencies for unpaid customer debt accrued between March 4, 2020, and June 15, 2021. The funding is part of the California Water and Wastewater Arrearages Payment Program.
Who can apply?
Wastewater treatment providers and wastewater billing entities (such as counties, cities, and special districts) can apply for funding. Wastewater customers cannot apply for funding directly, but they will receive a credit (for their eligible debt) from their wastewater agency within 60 days of the agency receiving funding.
What debt is covered?
Residential and commercial debt accrued from March 4, 2020, through June 15, 2021, including debt transferred to a third-party collection entity, debt collected through property tax rolls, or debt offset by customer assistance programs. Other scenarios may be considered.
Please email your questions to [email protected].
How does the program work?
Wastewater agencies apply for funding online February 1 through April 1, 2022. (Details about application requirements and a link to the application will be available at bit.ly/WastewaterDebtRelief)
State Water Board staff review applications as they are received. Payments will be mailed starting March 1, 2022 (staff may prioritize the timing of payments to agencies serving disadvantaged communities).
Once wastewater agencies receive funding, they have 60 days to credit customer accounts and let customers know in writing that the debt has been cleared or reduced.
Wastewater agencies must also waive late fees and interest for these customers.
ITEM 12
2 What else do we need to know?
Over $600 million is available for wastewater debt accrued March 4, 2020, through June 15, 2021. The program will likely be able to cover 100% of the debt that wastewater agencies request in their applications.
Approved applicants also can request up to 3% of their total customer debt amount (not to exceed $1 million) to cover the costs of applying for funding or complying with program requirements.
Wastewater agencies must provide tax information to receive funding.
How do wastewater agencies prepare for the application process? If you don’t bill directly, please pass this information onto your billing entity or email [email protected] with your billing entity’s contact information. If you think you will need technical assistance completing the wastewater funding application, email [email protected].
Complete the Government Taxpayer ID form, available online at bit.ly/GovTaxID. The form must be signed by an authorized signatory from your agency. Your Principal Government Agency Name and Federal Employer Identification Number must match the information on file with the Internal Revenue Service. Submit the form as part of your online application.
Where can I get more information?
Visit bit.ly/WastewaterDebtRelief and sign up for email updates (at the bottom of the page)
Email [email protected].
ITEM 12
COUNCIL AGENDA REPORT
MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: A lex Terrazas, City Manager
CONTACT: Anthony Sims, Economic Development/Redevelopment Manager [email protected]
, 209-538-5773
SUBJECT: Resolution No. 2022-23, approving a $2,500 City Sponsorship for the Love Ceres Event on April 30, 2022.
RECOMMENDED COUNCIL ACTION:
Staff recommends Council ado pt a resolution approving a $2,500 City sponsorship for the Love Ceres event to be held at Whitmore Park on April 30, 2022.
I. B ACKGROUND:
Love Ceres is an annual community event where community members come together to provide various service projects within Ceres. Some projects include cleaning up parks and public right-of-ways. The Love Ceres concept originated with Love Modesto several years ago. The model for this service project has expanded to many cities throughout California.
II. R EASONS FOR RECOMMENDATION:
Financially supporting the Love Ceres event will improve the aesthetics in our City parks and streets. Additionally, the City’s involvement and sponsorship will improve community cohesion and public relations. The Love Ceres organization has agreed to include City logos on Love Ceres marketing materials. Being a sponsor will allow us to be highlighted by local videographers during the event. This will increase positive exposure to our City. The videos will include interviews with volunteers and participants.
III. FISCAL IMPACTS:
The $2,500 sponsorship would come from the general budget. A budget amendment and resolution are attached to this staff report.
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 13
IV. POLICY ALTERNATIVES:
The City Council could choose to not participate in sponsoring Love Ceres.
V. INTERDEPARTMENTAL COORDINATION:
The City Attorney w as consulted in preparation of the resol ution and budget amendment.
VI. PUBLIC PARTICIPATION:
The public is invited to provide comment s at the regularly scheduled March 28, 2022 Ci ty Council meeting.
VII. ENVIRONMENTAL REVIEW:
There is no required environmental review.
VIII. S TEPS FOLLOWING APPROVAL:
Upon approval, staff would remit a che ck to the Love Ceres organization in the amount of $2,500. Staff would also continue to support the organization through attending planning meetings for the event.
Approved by: ___________________________________
Alex Terrazas, Interim City Manager
Attachments:
Resolution
Exhibit A – Budget Amendment
ITEM 13
RESOLUTION NO. 2022-23
APPROVING A $2,500 CITY SPONSORSHIP FOR THE LOVE CERES EVENT ON APRIL 30, 2022
THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres is interested in promoting clean parks and streets, community cohesion, and collaboration with the Love Ceres organization; and,
WHEREAS, sponsorship of the Love Ceres event will bring positive public exposure and improve public relations; and,
WHEREAS, the Love Ceres organization has requested that the City support the April 30, 2022 Love Ceres event with a sponsorship in the amount of $2,500.
NOW, THEREFORE BE IT RESOLVED that based upon the evidence contained within the staff report and as presented at the City Council meeting of March 28, 2022, the City Council of the City of Ceres hereby agrees to sponsor the Love Ceres event with a donation in the amount of $2,500.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of March, 2022 by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________________
Diane Nayares-Perez, CMC, City Clerk
Attachment: Budget Amendment
ITEM 13
ITEM 13
Exhibit "A"
Budget Amendment No.____
Fiscal Year 2021 - 2022
Reference Resolution No. 2022-23, dated March 28, 2022, authorizing appropriations for Love Ceres as follows:
Appropriations:
Fund Name Fund
No.
Dept.
No.
Object
No.
Appropriation
Amount
General Fund 100 58 026400 $2,500
Requested Appropriation $2,500
2021 - 2022 Current Appropriation 0
Total Appropriation $2,500
Estimated Revenues:
Fund Name Fund
No.
Type
No.
Object
No.
Estimated
Revenue Amt.
Total Estimated Revenue $0
2021 - 2022 Current Estimated Revenue +0
Total Estimated Revenue $0
Fiscal Impact: $2,500 from General Fund
ITEM 13
ITEM 13
COUNCIL AGENDA REPORT
MEETING DATE: March 28, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected]
, 209.538.5778
James Michaels, Senior Planner
[email protected]
, 209.538.5774
SUBJECT: (Hearing set for March 28, 202 2 at the February 14 th City Council
Meeting; Applicant and Appellant have requested the H earing to be continued to April 25, 2022. ) Public Hearing for the City Council to consider a proposal for a Rezoning of the property located at the northeast corner of East Hatch Road and Golf Links Drive to modify the existing “MX -2, Mixed Use – 2” zoning designation to a “CC, Community Commercial” zoning designation within the Mitchell Road Corridor Specific Plan, and to consider an appeal of the Planning Commission’s deci sion approving a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement involving the subdivision of a 2.16- acre commercial zoned site into three parcels with a new commercial building proposed for each parcel.
• Consideration of the Appella nt’s and Applicant’s Request to continue the Hearing to April 25, 2022.
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council set the public hearing for this item for April 25, 2022.
I. BACKGROUND:
The City of Ceres of Planning Commission appr oved the pr oject at their meeting on March 2, 2020. The City Council was scheduled to hear this item at their meeting on April 27, 2020. Due to the COVID-19 pandemic staff requested the City Council to place the item on the June 22, 2020 City Council meeting and the City Council concurred. In
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 14
late May 2020, the applicant ’s representative (GDR Engineering) sent a letter to staff requesting the June 22nd hearing date for this item be continued to the July 27, 2020 City Council meeting. Then on July 16, 2020, another letter was sent requesting that the item be heard at the City Council meeting of January 25, 2021. On December 1, 2020 a letter was received by the appellant requesting that this item be continued again from the January 25th date to April 26, 2021. O n April 2 0, 2021, both the appellant and applicant representatives requested a continuance of this item to the November 8, 2021 City Council meeting and the City Council concurred.
By the time when the November 8, 2021 meeting was scheduled, the City Council was operating w ith four members, in which a t ie vote could result when the C ity Council considers this item. Both the appellant and the applicant agreed to postpone the C ity Council hearing to a date to be determined until a fifth member was seated, and the fifth council member was selected on December 6, 2021.
On January 10, 2022, the City Council set a new hearing date for the item to be heard on February 14, 2022. During this time, staff worked with representa tives from both parties (the appellant and the applicant) to see if their issues associated with the project could be resolved prior to the meeting date. At the request of both parties , the City Council continued the item to the March 28, 2022 City Council meeting date.
After their joint meeting, the representatives for both the applicant and the appellant subsequently communicated to staff that while they had had an informative meeting, both parties agreed that they need more time to see if either a resolution can or cannot be reached b etween t he parti es p rior to the City Council meeting date. B oth parties have requested one more continuance to a specific meeting date where the item would be heard at the April 25, 2022 City Council meeting.
II. REASONS FOR RECOMMENDATION:
The representatives from each p arty met together on March 11, 2022, to discuss the possibility of a resolution to the issues brought about by both parties. The continuance is requested by both parties to allow additional time for both parties to possibly reac h a resolution or determine that a resolution cannot be reached.
III. FISCAL IMPACTS:
None.
IV. POLICY ALTERNATIVES:
The City Council could set a date for the public hearing other than the requested date of April 25, 2022. If the Ci ty Council select s a date that is different from the requested date, then a public notice will be sent to area property owners and posted in the Ceres Courier
at least ten (10) days prior to that City Council meeting.
ITEM 14
V. STEPS FOLLOWING APPROVAL:
If the City Council app roves the requested continuance, t he item would be heard on Monday, April 25, 2022.
Approved by:_______________________________________________ Alex Terrazas, Interim City Manager
ITEM 14
ITEM 14
Public Hearing Comment
from
Ceres Resident
ITEM 14
ITEM 14
ITEM 14
ITEM 14
CO
UNCIL AGENDA REPORT
MEETING DATE: March 28, 2022
TO:
FR
OM:
CONT
ACT:
SUBJECT:
Mayor and City Council
Alex Terrazas, Interim City Manager
Alex Terrazas, Interim City Manager
Alex.Terrazas @ci.ceres.ca.us
(209) 538-5751
Resolution No. 2022-24 thru Reso No. 2022-26, Approving Amendments to the Employment Agreements with the
Department Heads, and Authorize the City Manager to
Execute the Agreements
RECOMMENDED COUNCIL ACTION:
St
aff recommends City Council adopt the Resolutions approving the Amendments to the Employment Agreements with the Department Heads, as detailed below.
I. BACKGROUND:
Negot
iations began last year with all of the Bargaining Gr oups within the City. To date, agreements have been ratified with the Mid -Managers Group, First Line Supervisors/Confidential Group, Ceres Police Officers, Public Safety Mid -Managers, and Miscellaneous Bargaining Unit.
The D
epartment Heads are unrepr esented and negotiations occur directly with each individual.
II. REASONS FOR RECOMMENDATION:
The r
evised terms have been discussed and agreed to by all parties.
The m
ain provisions of the Amendments are as follows:
CITY COUNCIL
Jav
ier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 M ike Kline, Dist. 4
ITEM 15
• At the February 28, 2022 Council Meeting, the City Council approved increasing the salary ranges of the six (6) Department Head positions to the current market value as determined by a salary survey of area Cities . As such, the salary ranges for the six City Department Heads w ere increased by 17.56% to improve the recruitment and retention of qualified leaders and to improve competitiveness in the labor market.
• Department Head positions will be eligible for APRA funding s imilar to other city employees.
• Concurrently, eliminate the 6.0% pay di fferential for “classic” retirement plan participants.
• 7.5% Educational Incentive will be increased to 12%.
The effective date of these recommendations would be the first full pay pe riod after Council approval.
Prior Council action, placed the current Department Heads salaries at the Step in the new range which provides each with no less than a net 5.0% increase, as follows:
• T he Chief of Police would be placed at Step D of the five-step range for an increase of 5.66%.
• The Director of Community Development would be placed at Step A of the range for an increase of 6.64%.
• The Director of Finance would be placed at Step B of the range for an increase of 5.69%.
The Director of Engineering, Director of Human Resources and the Director of Public Works are currently vacant.
III. FISCAL IMPACTS:
It is estimated that the 2021- 2022 FY impact to the General Fund will be approximately $65,700 and the impact to the General Fund in the 2022- 2023 and 2023-2024 Fiscal Years would be $22,000 each.
IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
The proposed action is consistent with the fifth goal of the Strategic Plan related to government operations to provide quality services to meet community needs, assuring that the City has helpful, well trained, p roperly equipped and sufficient staff who partners with other public agencies to provide efficient services.
ITEM 15
V. STEPS FOLLOWING APPROVAL:
Following Council approval, the parties will execute the agreements with an effective date of the first full pay period after Council approval.
Approved by:_____________________________
Alex Terrazas, Interim City Manager
Attachment: Resolutions
Proposed Agreements
ITEM 15
ITEM 15
RESOLUTION NO. 2022-24
R
ESOLUTION APPROVING AMENDMENT NO. 1 TO THE
EMPLOYMENT AGREEMENT WITH CHRISTOPHER HOEM,
DIRECTOR OF COMMUNITY DEVELOPMENT
T
HE CITY COUNCIL
City of Ceres
W
HEREAS, the City Council, at the regular meeting of August 23, 2021, approved the City Manager’s appointment of Christopher as Director of Community Development and the resultant Employment Agreement; and,
W
HEREAS, the negotiations have been completed by the parties to amend the terms of the agreement per attached Exhibit “A”.
N
OW THEREFORE BE IT HEREBY RESOLVED, that the City Council of the City of Ceres approves Amendment No. 1 to the Employment Agreement Christopher Hoem as Director of Community Development, which is attached hereto as Exhibit “A” and authorizes the City Manager to execute said Amendment.
BE
IT FURTHER RESOLVED, The effective date of th e revisions is the first full pay period after Council approval.
P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of March 2022 by the following vote:
AYES: C
ouncil Members:
N
OES: Council Members:
ABSEN
T: Council Members:
___
__________________________
Javier Lopez, Mayor
ATTEST:
___
____________________________
Diane Nayares-Perez, CMC, City Clerk
ITEM 15
ITEM 15
This
Amendment No. 1 is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “ EMPLOYER” and Christopher Hoem , hereinafter called “EMPLOYEE.”
WITNESSETH
WHE
REAS the EMPLOYER reviewed the salaries of the Department Head positions and the EMPLOYER has determined that those salary ranges are below the labor market salary levels of surrounding cities, as such the EMPLOYER wishes to adjustments; and WHE
REAS the negotiations with the represented employees in the City have been completed; and NO
W THEREFORE, in consideration of the mutual covenants contained herein, the EMPLOYER and EMPLOYEE agree to replace the previously executed Employment Agreement as amended with the following changes:
1. SECTION IV – SALARY shall be amended to read as follows:
The salary for the EMPLOYEE shall be set at Range J89, Step A ($11,535 per month).
EM
PLOYER agrees that EMPLOYEE'S compensation for subsequent fiscal years will be reconsidered as part of the budgetary process for those Fiscal Years. Step increases to be considered consistent with City Personnel Rules on an annual basis.
EM
PLOYER agrees that if the EMPLOYEE is employed by the City on October 1, 2022, EMPLOYEE will be issued a payment of $5,000 from ARPA funds within two pay periods of October 1, 2022. This amount in not pensionable.
2. SECTION I – RETIRMENT SYSTEM AND CONTRIBUTION
1. The
EMPLOYER shall provide EMPLOYEE enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31664.1 commonly known as 2% at 55.
2. The
EMPLOYEE shall pay 100% of the EMPLOYEE’S contribution into the 1937 Act Stanislaus County Employee’s Retirement System. Said contribution shall be vested in the employee’s name as permitted under the rules and regulations of the Act.
ITEM 15
Amendment No. 1 to
EMPLOYMENT AGREEMENT
Director of Community Development
3. SECTION N. – EDUCATIONAL INCENTIVE shall be amended to read as follows:
In order to promote highly trained and skilled professionals , the City is willing to provide education incentive to those individuals who demonstrate their improved education level.
Education must be from an accredited college. Director of Community Development with a Master’s degree shall receive an additional pay incentive of 12 percent (12%).
NOW THEREFORE the PARTIES agree as follows:
1. Sections IV and I of the Employment Agreement are to be revised as indicated above.
2. Except as amended as provided herein, all of the remaining provisions and conditions of the Employment Agreement executed on August 23, 2021, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this AMENDMENT NO. 1 to the EMPLOYMENT AGREEMENT FOR DIRECTOR OF COMMUNITY DEVELOPMENT on the dates indicated below.
Dated: Dated:
CITY OF CERES, EMPLOYER EMPLOYEE
By: ______________________ By: _____________________________ Alex Terrazas, Interim City Manager Christopher Hoem, Director of Community Development
APPROVED AS TO FORM: ATTEST:
________________________ ___________________________
Tom Hallinan Diane Nayares-Perez, City Clerk
City Attorney (Seal)
Resolution No. 2022-24
ITEM 15
RESOLUTION NO. 2022-25
R
ESOLUTION APPROVING AMENDMENT NO. 1 TO THE
EMPLOYMENT AGREEMENT WITH LETICIA DIAS,
DIRECTOR OF FINANCE
T
HE CITY COUNCIL
City of Ceres
W
HEREAS, the City Council, at the regular meeting of March 23, 2020, approved the City Manager’s appointment of Leticia Dias as Director of Finance and the resultant Employment Agreement; and,
W
HEREAS, the negotiations have been completed by the parties to amend the terms of the agreement per attached Exhibit “A”.
NO
W THEREFORE BE IT HEREBY RESOLVED, that the City Council of the City of Ceres approves Amendment No. 1 to the Employment Agreement Leticia Dias as Director of Finance, which is attached hereto as Exhibit “A” and authorizes the City Manager to execute said Amendment.
B
E IT FURTHER RESOLVED, the effective date of the revisions is the first full pay period after Council approval.
P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of March 2022 by the following vote:
AYES: C
ouncil Members:
N
OES: Council Members:
ABSEN
T: Council Members:
___
__________________________
Javier Lopez, Mayor
ATTEST:
___
____________________________
Diane Nayares-Perez, CMC, City Clerk
ITEM 15
ITEM 15
This A
mendment No. 1 is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “ EMPLOYER” and Leticia Dias , hereinafter called “EMPLOYEE.”
WITNESSETH
WHER
EAS the EMPLOYER reviewed the salaries of the Department Head positions and the EMPLOYER has determined that those salary ranges are below the labor market salary levels of surrounding cities, as such the EMPLOYER wishes to adjustments; and WHER
EAS the negotiations with the represented employees in the City have been completed; and NOW
THEREFORE, in consideration of the mutual covenants contained herein, the EMPLOYER and EMPLOYEE agree to replace the previously executed Employment Agreement as amended with the following changes:
1. SECTION IV – SALARY shall be amended to read as follows:
The salary for the EMPLOYEE shall be set at Range J89, Step B ($12,112 per month).
EMP
LOYER agrees that EMPLOYEE'S compensation for subsequent fiscal years will be reconsidered as part of the budgetary process for those Fiscal Years. Step increases to be considered consistent with City Personnel Rules on an annual basis.
EMP
LOYER agrees that the EMPLOYEE was hired on or prior to March 1, 2020 and is therefore eligible and shall receive a one-time lump sum payment of ARPA Funds payment of $5,000. This amount in not pensionable.
EMP
LOYER agrees that if the EMPLOYEE is employed by the City on October 1, 2022, EMPLOYEE will be issued a payment of $5,000 from ARPA funds within two pay periods of October 1, 2022. This amount in not pensionable.
2. SECTION I – RETIRMENT SYSTEM AND CONTRIBUTION shall be amended to read as follows:
1. The E
MPLOYER shall provide EMPLOYEE enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31664.1 commonly known as 2% at 55.
2. The E
MPLOYEE shall pay 100% of the EMPLOYEE’S contribution into the 1937 Act Stanislaus County Employee’s Retirement System. Said contribution shall be vested in the employee’s name as permitted under the rules and regulations of the Act.
ITEM 15
Amendment No. 1 to
EMPLOYMENT AGREEMENT
Director of Finance
3. SECTION N. – EDUCATIONAL INCENTIVE shall be amended to read as follows:
In order to promote highly trained and skilled professionals , the City is willing to provide education incentive to those individuals who demonstrate their improved education level.
Education must be from an accredited college. Finance Director with a Master’s degree shall receive an additional pay incentive of 12 percent (12%).
NOW THEREFORE the PARTIES agree as follows:
1. Sections IV, I and N of the Employment A greement are to be revised as indicated above.
2. Except as amended as provided herein, all of the remaining provisions and conditions of the Employment Agreement executed on March 23, 2020, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this AMENDMENT NO. 1 to the EMPLOYMENT AGREEMENT FOR DIRECTOR OF FINANCE on the dates indicated below.
Dated: Dated:
CITY OF CERES, EMPLOYER EMPLOYEE
By: ______________________ By: _____________________________ Alex Terrazas, Interim City Manager Leticia Dias, Director of Finance
APPROVED AS TO FORM: ATTEST:
________________________ ___________________________
Tom Hallinan Diane Nayares-Perez, City Clerk
City Attorney (Seal)
Resolution No. 2022-25
ITEM 15
RESOLUTION NO. 2022-26
R
ESOLUTION APPROVING AMENDMENT NO. 1 TO THE
EMPLOYMENT AGREEMENT WITH RICHARD COLLINS,
CHIEF OF POLICE
T
HE CITY COUNCIL
City of Ceres
W
HEREAS, the City Council, at the regular meeting of March 11, 2019, approved the City Manager’s appointment of Richard Collins as Chief of Police and the resultant Employment Agreement; and,
W
HEREAS, the negotiations have been completed by the parties to amend the terms of the agreement per attached Exhibit “A”.
NO
W THEREFORE BE IT HEREBY RESOLVED, that the City Council of the City of Ceres approves Amendment No. 1 to the Employment Agreement with Richard Collins, Chief of Police, which is attached hereto as Exhibit “A” and authorizes the City Manager to execute said Amendment.
B
E IT FURTHER RESOLVED, The effective date of th e revisions is the first full pay period after Council approval.
P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of March 2022 by the following vote:
AYES: C
ouncil Members:
N
OES: Council Members:
ABSEN
T: Council Members:
___
__________________________
Javier Lopez, Mayor
ATTEST:
___
____________________________
Diane Nayares-Perez, CMC, City Clerk
ITEM 15
ITEM 15
This Am
endment No. 1 is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “EMPLOYER ” and Richard Collins , hereinafter called “EMPLOYEE.”
WITNESSETH
WHERE
AS the EMPLOYER reviewed the salaries of the Department Head positions and the EMPLOYER has determined that those salary ranges are below the labor market salary levels of surrounding cities, as such the EMPLOYER wishes to adjustments; and WHERE
AS the negotiations with the represented employees in the City have been completed; and NOW T
HEREFORE, in consideration of the mutual covenants contained herein, the EMPLOYER and EMPLOYEE agree to replace the previously executed Employment Agreement as amended with the following changes:
1. SECTION IV – SALARY shall be amended to read as follows:
The salary for the EMPLOYEE shall be set at Range J91, Step D ($14,0 28 per month).
EMPLOYER agrees that EMPLOYEE'S compensation for subsequent fiscal years will be reconsidered as part of the budgetary process for those Fiscal Years. Step increases to be considered consistent with City Personnel Rules on an annual basis.
EMPLOYER agrees that the EMPLOYEE was hired on or prior to March 1, 2020 and is therefore eligible and
shall receive a one-time lump sum payment of ARPA Funds payment of $5,000. This amount in not pensionable.
EMPLOYER agrees that if the EMPLOYEE is employed by the City on October 1, 2022, EMPLOYEE will be issued a
payment of $5,000 from ARPA funds within two pay
periods of October
1, 2022. This amount in not
pensionable.
2. SECTION I – RETIREMENT SYSTEM AND CONTRIBUTION shall be amended to read as follows:
1. The EMPLOYER shall provide EMPLOYEE enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31664.1 commonly known as 3% at 50 for safety employees.
ITEM 15
Amendment No. 1 to
EMPLOYMENT AGREEMENT
$Iief of PoMice
2. The EMPLOYEE shall pay 100% of the EMPLOYEE'S contribution into the 1937 Act Stanislaus County Employee's Retirement System. Said contribution shall be vested in the employee's name as permitted under the rules and regulations of the Act.
3. SECTION N. – EDUCATIONAL INCENTIVE shall be amended to read as follows:
In order to promote highly trained and skilled professionals , the City is willing to provide education incentive to those individuals who demonstrate their improved education level.
Education must be from an accredited college. Chief of Police with a Master’s degree shall receive an additional pay incentive of 12 percent (12%).
NOW THEREFORE the PARTIES agree as follows:
1. Sections IV, I and N of the agreement are to be revised as indicated above.
2. Except as amended as provided herein, all of the remaining terms and conditions of the Employment Agreement executed on March 12, 2019, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this AMENDMENT NO. 1 to the EMPLOYMENT AGREEMENT FOR CHIEF OF POLICE on the dates indicated below .
Dated: Dated:
CITY OF CERES, EMPLOYER EMPLOYEE
By: ______________________ By: _____________________________ Alex Terrazas, Interim City Manager Richard Collins, Police Chief
APPROVED AS TO FORM: ATTEST:
________________________ ___________________________
Tom Hallinan Diane Nayares-Perez, City Clerk
City Attorney (Seal)
Resolution No. 2022-26
ITEM 15