Agenda — Ceres City Council, June 13, 2022

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, June 13, 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

ROLL CALL

Mayor Javier Lopez
Vice Mayor Bret Silveira (District 3)
Council Members: District 1 James Casey; District 2 (Vacant); District 4 Mike Kline

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 2022-48, 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.

Click this link to join the webinar:
https://us02web.zoom.us/j/83269488553?pwd=UnZCL25heXRVVU9oSmFUUEJ5VnF6dz09

Webinar ID: 832 6948 8553; Passcode: 472760; or Dial: (669) 900-6833

REMOTE PUBLIC COMME NT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE 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

Invocation by Pastor Kaitlyn Haley-Deisher, Ceres Valley View Church of Nazarene.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez

PRESENTATIONS

A. Proclamation for 75
th Anniversary of Society of Disabilities

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 June 13, 2022 City Council meeting was posted on Wednesday, June 8, 2022. (Interim City Clerk)

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). (City Clerk)

3. Approval of Minutes (Interim City Clerk)
a. Minutes of the May 4, 2022 Special City Council meeting and the May 23, 2022 Regular City Council meeting.

4. Register of Audited Demands for Period covering May 18, 2022 through June 1, 2022. (Dias)

5. General Correspondence – Information Only
a. Redevelopment & Economic Development Department Activities Report – Month of April. (Sims)
City Council Agenda

3 6. Resolution No. 202 2-55, Awarding the Construction Contract for Safe Routes to School Morgan Road Corridor Improvements to United Pavement Maintenance Inc., Authorizing a Budget Amendment, Authorizing a 7% Contingency, and Authorizing the City Manager to Execute the Contract. (Waugh)

7. Resolution No. 2022-56, Approving the FY 2022- 2023 Project List to be Funded with Senate Bill 1 (SB 1 ), “The Road Repair and Accountability Act of 2017”. (Waugh)

8. Resolution No. 2022- 57, Approving the use of ARPA funds to allocate up to $200,000 in the Ceres RAD Card Program. (Sims)

9. Resolution No. 2022- 58, Approving the Annual Report of the Ceres Downtown Revitalization Area (CDRA) for Fiscal Year 2022- 23 and Setting a Public Hearing for June 27, 2022 to consider approving the Levy Assessment for CDRA Activities and Projects. (Sims)

10. Resolution No. 2022- 59, A pprove the Electric Vehicle Charging Station License Agreement with the Turlock Irrigation District and Authorize the City Manager to Execute the Contract. (Royal)

11. Resolution No. 2022-60, Authorizing the City Manager to execute a Memorandum of Understanding for service between the City of Ceres, the City of Modesto, the City of Turlock, and the Stanislaus Consolidated Fire Protection District. (Wise)

12. Resolution No. 2022-61, Approving the use of ARPA funds to purchase three (3) Speed Trailers and authorizing staff to move forward with the purchase. (Collins)

13. Resolution No. 2022-62, Approving the Improvement Agreement and Recordation of the Subdivision Map for the Northeast Corner of Hatch & Herndon development.

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

PUBLIC HEARING

14. Public Hearing to Consider Resolution No. 2022- 63, Approving the Engineer’s Annual Report, Confirming the Assessment and Ordering the Levy for the 1987 Landscape and Lighting District for Fiscal Year 2022-2023. (Waugh)

15. Resolution No. 2022-64, Adopting the Annual Budget for the City of Ceres for the 2022/2023 Fiscal Year, Approving Positions for Fiscal Year 2022/2023, and Resolution No. 2022- 65, Adopting Appropriations Limitations for Fiscal Year 2022/2023. (Dias)

City Council Agenda

4 NEW BUSINESS

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

16. PUBLIC EMPLOYEE PERFORMANCE EVLAUATION
Pursuant to Government Code Section 54957(b)(1)
Title: City Attorney

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on June 23, 2022 at 6:00 p.m. i n the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

AFFIDAVIT OF POSTING

I, Cristina Aguilar, Deputy 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 June 8, 2022 at the following locations in Ceres:

• Community Center Display Case - 2701 Fourth Street

___________________________________
Cristina Aguilar
Deputy City Clerk

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 provided to a majorit y 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)

IN RECOGNITION OF THE
75TH ANNIVERSARY OF
THE SOCIETY FOR disABILITIES

WHEREAS, for 75 years, the Society for dis ABILITIES has been dedicated to enhancing the quality of life and self-sufficiency for people with disabilities in Stanislaus County; and, WHEREAS, founded by caring citizens to help people suffering with the after-effects of polio and other disabling conditions, many of whom could not afford medical care that might improve their condition, the Society for disABILITIES set out to provide medical equipment, physical therapy, doctor consultations, and eventually vocational rehabilitation; and WHEREAS, today, the Society opera tes the largest Loan Closet in the area, lending adaptive, mobility, and medical equipment to those in need; and WHEREAS, the Society offers recreati onal programs for people with disabilities which include Winter Ski, Water Ski, Bike Camp, Day on the Farm, Bowling, and forthcoming Golf and Soccer programs; and
WHEREAS, in addition , the Society offers sign-language classes and is a resource and referral agency to the community; and
WHEREAS, the Society for disABILITIES is an independent, non-profit entity with funding and support coming solely from private sources , without which it would be impossible to provide these unique programs and services to this very special and vulnerable population.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey and Mike Kline, do hereby recognize the 75th ANNIVERSARY OF THE SOCIETY FOR disABILITIES, and invite all Ceres residents, businesses, and organizations to join the City in celebrating this significant milestone and the extremely noteworthy contributions made by this organization to our community.

Proclaimed this 13th day of June, 2022

___________________________
Javier Lopez, Mayor

ITEM A

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MINUTES

NOTICE AND CALL OF A SPECIAL CITY COUNCIL MEETING
(via ZOOM and in person)

CITY OF CERES, CALIFORNIA
City Council Chambers is located at 2701 Fourth Street

Wednesday, May 4, 2022, at 5:30 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

Members of the public are advised that all cellular telephones and any other communication devices are to be turned off upon entering the City Council Chambers.

CALL TO ORDER

Mayor Javier Lopez called the May 4, 2022 Special City Council meeting to order.

ROLL CALL

Present:

Mayor Javier Lopez
Vice Mayor Bret Silveira (District 3)
Council Members: District 1 James Casey and District 4 Mike Kline Note: District 2 (Vacant)

CITIZEN COMMUNICATIONS

Dave Pratt commented on the debris that falls off of trucks with trailers that do not secure their loads.

John Warren inquired as to how the public would be able to comment on matters discussed in the workshop.

Said Special Meeting shall be for the following purpose:

NEW BUSINESS

1. Code Enforcement Workshop – for the presentation of information related to enforcement and to present a proposed plan to address code enforcement issues in the City.

Police Chief Rick Collins gave the presentation.

City Council meeting was conducted 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
City Council Minutes of May 4, 2022

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Council Member Casey suggested that the street sweeper report any necessary clean- up seen along their route.

Council Member Kline inquired as to who receives a copy of the complaints as they come in, how cases are prioritized, and if citation amounts were per calendar year or rolling year. He further commented on homeless encampments , inquired on consequences for illegal dump violators, and if businesses would be fined for allowing illegal street vendors on their property.

Public comment: David Pratt commented on the difficulty he has encountered with the phone application and asked for homelessness to be addressed. Gene Yeakley would like to see Code Enforcement available seven days a week and the City divided by one quadrant per officer. John Warren commented on the homeless camps, street vendors, and suggested code enforcement be on duty seven days a week. Paula Redfern commented on various aspects of citation procedures. Rosalinda Vierra inquired as to how many incidents per month were duplicated and agreed with assigning code enforcement officers in different quadrants.

Council discussion included Code Enforcement moving to a 4- beat system, having a working supervisor, lowering insurance requirements for street vendors and work schedules.

CLOSED SESSION

Cancelled

2. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager

REPORTS FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting is scheduled to be held on Monday, May 9, 2022, at 6:00 p.m.

There being no further business, Mayor Lopez adjourned the meeting at 7:13 p.m.

____________________________
Javier Lopez, Mayor

____________________________________
By Cristina Aguilar, Deputy City Clerk
for Kellie E. Weaver, Interim 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

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MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(ZOOM and In Person)

City Council Chambers, 2701 Fourth Street
Monday, May 23, 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 Javier Lopez called the May 23, 2022 Regular City Council meeting to order.

ROLL CALL

Present:

Mayor Javier Lopez
Vice Mayor Bret Silveira (District 3)
Council Members: District 1 James Casey and District 4 Mike Kline Note: District 2 (Vacant)

INVOCATION

Provided by Pastor Tim Gianossa, Big Valley Grace Community Church.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez

PRESENTATIONS

None

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

John Warren inquired as to funds from the American Rescue Plan Act that have not yet been allocated yet and how those were going to be used.

Gene Yeakley spoke regarding remarks neighbors made at the May 9, 2022 Council meeting.

ITEM 3
City Council Minutes of May 23, 2022

2 Cheryl Welch spoke regarding on the large utility bill her mother, Nawatha Reed, received and asked for a resolution to her problem.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

None

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the May 23, 2022 City Council meeting was posted on Wednesday May 18, 2022. (City Clerk)

3. Approval of Minutes (City Clerk)
a. Minutes of April 11 , 2022, April 25, 2022 and May 9, 2022 Regular City Council meetings.

4. Register of Audited Demands for Period covering May 4, 2022 through May 11, 2022. (Dias)

5. General Correspondence – Information Only
a. Public Works monthly report for April 2022 (Royal)

6. Resolution No. 2022- 43, approving a three- month contract agreement with monthly thereafter extension of up to one-year with Del Puerto Water District for the emergency use of recycled water from the North Valley Regional Recycled Water Program and authorizing the City Manager to execute the contract. (Royal)

7. Resolution No. 2022-44, awarding a custodial services contract for the Ceres Community Center to Environment Control and authorizing the City Manager to execute the contract. (Royal)

8. Resolution No. 202 2-45, awarding a service agreement contract for upgrading existing SCADA Panels at various Sewer Lift Stations to Access Industrial Automation, authorizing a 10% Contingency and authorizing the City Manager to execute the contract. (Royal)

ITEM 3
City Council Minutes of May 23, 2022

3 9. Resolution No. 2022-46, awarding the Construction Contract for Morrow Village Phase 1- CDBG Sidewalk Improvements to George Reed Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Royal)

10. Resolution No. 2022-47, approving the use of ARPA funds to purchase lockers to upgrade the Police Department duty gear storage room and authorizing staff to move forward with the purchase. (Collins)

11. Resolution No. 2022-48, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (Interim City Clerk)

12. Resolution No. 2022-49, Resolution No. 2022-50 and Resolution No. 2022-51, Three (3) Resolutions relating to the calling and giving notice to hold a November 8, 2022, General Municipal Election for the election of Councilmember District 1 and Councilmember District 2 to serve four-year terms, and to hold a Special Municipal Election for the election of Councilmember District 4 to serve the remaining half-term of a four-year term. (Interim City Clerk)

13. Final Adoption of Ordinance No. 2022-1072; a Zoning Ordinance Text Amendment (ZOTA) to the Mitchell Road Corridor Specific Plan (MRCSP) that would allow main building heights up to 50 feet on properties zoned, “RC, Regional Commercial” subject to approval by the Planning Commission. (Hoem)

Items 5 and 9 were removed from the Consent Calendar for separate considerati on by Councilmember Kline.

MOTION: M
otion by Vice Mayor Silveira, seconded by Councilmember Kline, to approve items 1 – 4, 6 – 8, and 10 – 13. Motion passed by roll call vote 4/0/0:

AYE
S: Councilmembers: Casey, Kline, Silveira, and Mayor Lopez NOES: None
ABSENT: None

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 5
: Removed for Separate Consideration by Councilmember Kline Councilmember Kline spoke regarding the reoccurring vandalism in Ochoa Park and inquired as to the possibility of installing portable cameras to curb the vandalism that is occurring.

Public Comments: Gene Yeakley inquired as to the monthly cost from vandalism for all the parks in the City.

MOTION: M
otion by Council member Kline, seconded by Vice Mayor Silveira, to approve Item 5. Motion passed by roll call vote 4/0/0:

ITEM 3
City Council Minutes of May 23, 2022

4 AYES: Council Members: Casey, Kline, Silveira, and Mayor Lopez NOES: Council Members: None
ABSENT: Council Members: None

Item 9
: Removed for Separate Consideration by Councilmember Kline Councilmember Kline inquired as to when each phase will be commencing.

MOTION: M
otion by Council member Kline, seconded by Vice Mayor Silveira, to approve Resolution 2022-46. Motion passed by roll call vote 4/0/0:

AYE
S: Council Members: Casey, Kline, Silveira, and Mayor Lopez NOES: Council Members: None
ABSENT: Council Members: None

UNFINISHED BUSINESS

14. Resolution No. 2022-37, approving an Employment Agreement with Alex Terrazas for the position of City Manager. (City Attorney)

City Attorney Tom Hallinan presented the staff report and provided direction to staff.

Public Comments: Gene Yeakley inquired as to the City Manager’s salary, life insurance and auto allowance.

John Warren inquired as to the auto allowance as well.

Councilmember Kline spoke regarding the change in vacation hours included with agreement.

Councilmember Casey spoke regarding previous discussions they had regarding the agreement.

MOTION: M
otion by Vice Mayor Silveira, seconded by Mayor Lopez, to approve Resolution 2022-37. Motion passed by roll call vote 3/1/0:

AYE
S: Council Members: Kline, Silveira, and Mayor Lopez
NOES: Council Members: Casey
ABSENT: Council Members: None

PUBLIC HEARING

15. Public Hearing to consider an appeal of the Planning Commission’s decision of approval of a Conditional Use Permit entitlement to allow an existing snow cone/iced coffee business to operate on a year -round basis without a drive- thru operation at 2000 Central Avenue. The City Planning Commission considered this proposal at their April 18, 2022 meeting and approved the Conditional Use Permit request without a drive-thru operation by a 5-0 vote. (Hoem)

ITEM 3
City Council Minutes of May 23, 2022

5 Senior Planner James Michaels gave the presentation.

Mayor Lopez opened the public hearing at 6:53 p.m.

Public Comments: Violet Saveh of Heaven and Snow spoke regarding her experience in Ceres and asked for Council to reconsider her request. Ms. Saveh also spoke regarding the health and safety practices of her business.

Gene Yeakley spoke regarding Ms. Saveh’s business efforts.

John Warren spoke regarding parking around the business.

John Novato spoke regarding moving the business to the North side of the Sequoia Market property.

Mayor Lopez closed the public hearing at 7:11 p.m.

City Council discuss ion included traffic flow and current configuration with the business location.

MOTION: M
otion by Councilmember Kline, seconded by Vice Mayor Silveira, to approve Resolution 2022-54 upholding the Planning Commission findings. Motion passed by roll call vote 3/1/0:

AYE
S: Council Members: Casey, Kline, and Silveira
NOES: Council Members: Mayor Lopez
ABSENT: Council Members: None

NEW BUSINESS

16. Resolution No. 2022-52, approving the use of ARPA funds to purchase Banners for the Active Military/Veterans Banner Program and designating 4th, 3rd, and North Streets as the inaugural installation corridor. (Chavez)

Recreation Manager Joseph Chavez presented the staff report.

City Council and Staff discussion included how the program will be funded after American Rescue Plan Act funds are exhausted, the cost to families, and extending the banners to Hatch Road and Mitchell Road.

Public Comments: Gene Yeakley spoke regarding the progress of the program.

John Warren spoke regarding how the City of Turlock banner program funding and placement.

MOTION: M
otion by Councilmember Kline, seconded by Vice Mayor Silveira, to approve item 16. Motion passed by roll call vote 4/0/0:

AYE
S: Council Members: Casey, Kline, Silveira, and Mayor Lopez NOES: Council Members: None
ITEM 3
City Council Minutes of May 23, 2022

6 ABSENT: Council Members: None

17. Resolution No. 2022-53, approving a Development Impact Fee Credit Agreement between the City of Ceres and the Ceres Gateway Center, LLC. (Hoem)

Community Development Director Christopher Hoem presented the staff report.

Public Comments: Daniel Ogden spoke regarding the reason for the request of the Development Impact Fee Credit Agreement.

MOTION: M
otion by Vice Mayor Silveira, seconded by Councilmember Kline, to approve item 17. Motion passed by roll call vote 4/0/0:

AYE
S: Council Members: Casey, Kline, Silveira, and Mayor Lopez NOES: Council Members: None
ABSENT: Council Members: None

DISCUSSION ITEMS
None

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.) None

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.

• Vice Mayor Silveira encouraged everyone to attend Concerts in the Park • City Manager Terrazas introduced Engineering Director Kevin Waugh

CLOSED SESSION

18. PUBLIC EMPLOYEE PERFORMANCE EVLAUATION
Pursuant to Government Code Section 54957
Title: City Attorney

REPORT FROM CLOSED SESSION

Interim City Clerk Annabelle Aguilar reported that direction was provided to staff.

ADJOURNMENT
A Special City Council Meeting-Budget Workshop is scheduled on May 24, 2022 at 5:30 p.m. and the next Regular City Council meeting is scheduled on June 13, 2022.

There being no further business, Mayor Lopez adjourned the meeting at 8:29 p.m.

ITEM 3
City Council Minutes of May 23, 2022

7 ____________________________
Javier Lopez, Mayor

____________________________________
By Cristina Aguilar, Deputy City Clerk
for Kellie E. Weaver, Interim 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
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COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 13, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Anthony Sims, Economic Development/Redevelopment Manager [email protected], (209) 538-5773
SUBJECT:

Redevelopment & Economic Development Department Activities Report – Month of April (Information Only)
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

Overview Summary

General activity in the department varied for the month of April which focused on researching downtown upgrades, recruiting potential new downtown businesses, meeting local existing businesses, and introductions with local networks. Below is a summary of specific work activities in the Redevelopment and Economic Development Department listed by specific area.

CRA/SCRA Succession Agency Activities

• Circulated RFP to California Association for Local Economic Development (CALED) for an economic consultant to provide update to the Ceres Economic Development Strategic Plan.
• Budget Preparation for Fiscal Year 2022-23.
• T ransmitted the budgets to the County Auditor Controller for review and acceptance by the County Wide Oversight Board, as part of their consideration of the upcoming 2022 -23 Recognized Obligation Payment Schedule (ROPS) – filed for the July 1, 2022 through June 30, 2023 Period.

ITEM 5a
Business Retention and Outreach

• Monthly new Ceres businesses which include “Welcome to Ceres” emails, phone calls, and/or post cards. These are the new businesses that recently received City business licenses in April:

April – New Business Licenses:
8  A & M Auto Sales
 Samantha’s Style
 Project Wonder
 Coin Cloud
 UC Construction
 Villegas Power Wash
 Rafter J Cattle
 Lad Cargo & Transport Logistics

April T
otal Business Visits: 14
 Manufacturing 0
 Restaurant/Food Services 1
 Non-Profit 2
 Retail 1
 Service 4
 Potential New Business 2
 Education 1
 Commercial Development 2
 W orkforce Development 1
Total 14

Common Needs:
 Lights on Trees throughout downtown
 Downtown Farmer’s Market
 Small Business Workshops
 Small Business Resource Center
 Workforce; needs employees
 Job Fair

Business Attraction

• Continued monthly calls with The Retail Coach in effort to attract new businesses in Ceres along Hatch Road and the old Walmart site. The Retail Coach met potential matches for our available properties. The Retail Coach began data aggregation of cell phone data within Ceres downtown area. Captured data will be presented for analysis and suggest potential new retail needs for the Ceres downtown area, and other parts of the city.

• Continued outreach to potential businesses that may have an interest in operating in downtown Ceres as well as other areas of Ceres.

ITEM 5a
Attraction Efforts:

 Craft Breweries/Pubs: 15 - 30 introduction emails sent to craft breweries and small breweries in attempt to see if they were open to discuss expansion opportunities into downtown Ceres. 1 or 2 replied and we are further discussing and exploring opportunities.
 LOZA Wine & Crepes: targeting open date of 6/1/2022
 Rolling F Credit Union: a single location Turlock bank that has many members spread across Modesto and Ceres. Connected them with a local broker to help identify potential site locations in Ceres.  Bishop Coffee: downtown coffee shop targeting an open date in mid to late June.
 Wellness Center/Day Spa: I was introduced to this company by Stanislaus Equity Partners, a regional organization that assists entrepreneurs and small businesses. The business owner is interested in finding a location in Ceres.  Cupcake Boutique: an existing Modesto business interested in relocating to downtown Ceres. Owner has been in communication with a few of the downtown property owners.
 Food Trucks: over the course of the month many food truck vendors have come into the Planning Division Department in attempt to obtain a food truck license. The City of Ceres has reached their capacity of 10 food trucks.

Local/Regional ED Initiatives
• Connected Ceres businesses with electric vehicle charging station grant programs and funding.

• C ontinued to attend meetings/events with Ceres Chamber of Commerce, Love Ceres, Central Valley Hispanic Chamber of Commerce, and SBDC.

• Continued collaboration with Ceres Chamber and Stanislaus County EDD to have a Job Fair in July at the Ceres Community Center.

Downtown Revitalization Initiatives

• ARPA Funding Projects Approved:

Reload RAD Card funding
$200,000
Way Finding Sign Program $75,000
Seasonal Banner Enhancements $20,000
Freeway Oriented Roof Sign Replacement $5,000
Entitlements/Business Incentives $100,000

• Way Finding Sign Program – completed a demo with a number of companies to provide a way finding sign program for downtown Ceres. Still researching 1 or 2 more companies prior to asking for an RFP.

• Continued to communicate with downtown property owners in effort to attract new businesses and achieve more foot traffic downtown.

ITEM 5a
Workforce Development Activities

• Stanislaus County office of Education (SCOE) Leadership Academy:

The SCOE Leadership Academy is a future leader program designed for high school students that are in 11
th and 12th grade. The program meets once per month and has a limit of 30-40 participants. Participants visit a large company once per month for a duration of 6 months . Each month, participants will visit a different company within a different industry. Participants spend the day learning the operations of large businesses and the managers that run the companies. The program is designed to get students excited about continuing their education, as well as expose them to job opportunities within our region.

Upon completion of the program each student receives $500 towards college. The application period opens in February, and historically, Central Valley High School and Ceres High School has only had a total of 3 students apply for the program. Our goal is to increase the applicants from Ceres students. The Director of the SCOE Leadership Academy is scheduled to speak with the students in January as a strategy to increase applicants from our Ceres students.

• Stanislaus Equity Partners
Stanislaus Equity Partners is an organization that provides resources and small business support to entrepreneurs and small businesses. We are collaborating on a partnership with Stanislaus Equity Partners to initiate a Micro- Business Cohort that meets once per month for 6 months at the Ceres Community Center. This strategy will target Ceres entrepreneurs with a business plan, and small sized businesses within Ceres. Participants in the program will learn strategies to operate a business, as well as scaling their business or idea to the next level.

Stanislaus Equity Partners also provides a special grant for small businesses affected by Covid-19.
*The information on the grant was shared with Ceres businesses via email, and the Ceres community via Facebook communication pages, as well as LinkedIn.

Miscellaneous
• Continued to post relevant stories of local economic development activities on the City’s Economic Development Department Facebook page, adding content in support of networking and training opportunities sponsored by the Ceres Chamber of Commerce, Valley Sierra Small Business Development Center, Love Ceres, Central Valley Hispanic Chamber of Commerce, and Opportunity Stanislaus.

• Reviewed Site Plan Review proposals, forwarded from the Community Development Department, seeking input from an Economic Development perspective.

ITEM 5a

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 13, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., City Engineer
[email protected], (209) 538-5775
SUBJECT:

Resolution No. 2022- 55, Awarding the Construction Contract for Safe Routes to School Morgan Road Corridor Improvements to United Pavement Maintenance Inc., Authorizing a Budget
Amendment, Authorizing a 7 % Contingency, and Authorizing the City Manager to Execute the Contract.

RECOMMENDED COUNCIL ACTION:

Staff recommends the awarding of the Contract for the Safe Routes to School Morgan Road Corridor Improvements in the amount of $3,200,344.44 to United Pavement Maintenance , authorizing a 7% contingency of $224,024.00, authorizing a budget amendment and authorizing the City Manager to execute the contract.

I. BA CKGROUND:

The City of Ceres received funding from the Active Transportation Plan – Safe Route to Schools Grant (SRTS) in June 2017. Planning and Engineering determined that the Morgan Road Improvements from Whitmore Avenue to Service Road to the ultimate right of way is an appropriate project under the General Plan 2035 and is consistent with the SRTS grant funding criteria. The Engineering Department utilized one of our on-call Traffic Engineering firms to design the project The project limits are Morgan Road from Whitmore Avenue to Service Road. The project consists of pedestrian facility and street improvements, including pedestrian refuge islands, crosswalk improvements, curb ramp improvements, sidewalk installation and infill, streetlighting, HMA pavement overlay, striping, and other infrastructure improvements.

During the design process for this project, existing frontage improvements at 3307, 3413, 3507, and 3537 Morgan Road were determined to be encroaching into the City’s public right of way based on recorded maps and deeds. Engineering staff reached out to the property owners of 3307, 3413, 3507, and 3537 Morgan Road to notify them of the proposed design improvements ITEM 6
and to coordinate potential f ence relocation, pl ant or t ree relocation & r emoval, and driveway locations.

Some opposition was received from the ranchette property owners because the design proposed removing existing frontage improvements comprising of fencing and landscaping. Although, the Engineering staff and the design consultant considered alternatives to the design (as proposed by some of the ranchette owners), it was determined that the City’s original design was the best alternative.

The improvements in this project are in line with the Brown Annexation Masterplan of 1995, General Plan 2035, Citywide Active Transportation Plan, and Ceres Systemic Safety Analysis Report. In addition, a reasonable compromise allows for the existing fencing found to be encroaching on the City’s public r ight of way at 3307, 3413, 3507, and 3537 Morgan Road wherever feasible to be relocated or r eplaced in-k ind by new fencing materials, as needed.

Furthermore, trees and shrubs will be relocated when feasible and new trees and shrubs will be installed as are shown on the approved plans. And finally, to ease future development costs, sewer and water laterals will be provided to each ranchette property listed above. Said improvements will likely add value to the identified ranchette properties identified above.

On June 7, 2022, public notice letters were hand delivered to the above -mentioned addresses which notified the ranchette property owners of the Ceres City Council meeting for June 13th, 2022 regarding the proposed SRTS Morgan Road Improvements.

II. REASONS FOR RECOMMENDATION:

Proposals for the construction were due on May 19 , 2022. Of the five (5) bids received, United Pavement Maintenance Inc. submitted the lowest responsive and responsible bid in the amount of $3,200,344.44. A seven percent contingency of $224,024.00 brings the project construction total to $3,424,368.44. A memo with the detailed comparison of the bid results is attached.

III. FISCAL IMPACTS:

This project was included and programmed in the Fiscal Year 2021/22 Capital Improvement Plan (CIP) with State, Measure L and SB1 funding in various account numbers: 268.95.800500 in the amount of $674, 000.00, 277.95.800500 in the amount of $800,000.00, 274.95.800500 in the amount of $200,000.00 and 271.95.800500 in the amount of $900,000.00.

The project design scope was expanded to include roadway rehabilitation along Morgan Road. A budget amendment in the amount of $900,000.00 is necessary to cover for additional construction and unforeseen cost including construction support, construction survey staking, material testing and compaction.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.

ITEM 6
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. I NTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBL IC PARTICIPATION:

There were no committees or public participation involved in this project.

VIII. ENVI RONMENTAL REVIEW:

This project is a CEQA Categorical Exemption as per Section 15301(c) Existing Facilities IX. ST EPS FOLLOWING APPROVAL:

Execute the Contract with the contractor, conduct a preconstruction conference and issue the Notice to Proceed.

Approved by: ___________________________________
Alex Terrazas, City Manager
Attachments:

1. Resolution

2. Bid Results

3. Budget Amendment

4. Engineering Drawings

ITEM 6
RESOLUTION NO. 2022-55

RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR

SAFE ROUTES TO SCHOOL MORGAN ROAD CORRIDOR
IMPROVEMENTS TO UNITED PAVEMENT MAINTENANCE INC. ,
AUTHORIZING A BUDGET AMENDMENT, AUTHORIZING A 7%

CONTINGENCY, AND AUTHORIZ ING THE CITY MANAGER TO
EXECUTE THE CONTRACT.

THE CITY COUNCIL
City of Ceres

WHEREAS, proposals for the construction contract for the Safe Routes to School Morgan Road Corridor Improvements were due on May 19, 2022; and

WHEREAS, the lowest responsive and responsible bid for said Safe Routes to School Morgan Road Corridor Improvements was received from UNITED PAVEMENT MAINTENANCE INC., for an amount of $3,200,344.44; and

WHEREAS, a construction contingency in the amount of 7% or $224,024.00 is necessary and appropriate to accommodate any unforeseen costs , bringing the total construction authorization to $3,424,368.44; and

WHEREAS, the Safe Routes to School Morgan Road Corridor Improvements was programmed in the FY 2021/22 Capital Improvement Plan (CIP) with State, Measure L, and SB 1 funding in various account numbers: 268.95.800500 in the amount of $674,000.00, 277.95.800500 in the amount of $800,000.00, 274.95.800500 in the amount of $200,000.00 and 271.95.800500 in the amount of $900,000.00; and

WHEREAS, a budget amendment is necessary to fully fund the project, additional funding will be appropriated into the account numbers: 277 .95.800500 in amount of $400,000.00, 271.95.800500 in amount of $400,000.00, 567.95.800500 in amount of $80,000.00 and 527.95.800500 in amount of $20,000.00.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ceres does hereby award the Safe Routes to School Morgan Road Corridor Improvements to United Pavement Maintenance Inc., in the amount of $3,200,344.44, authorize a 7% contingency in the amount of $ 224,024.00, 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 (Exhibit A).

ITEM 6

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_______________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Kellie E. Weaver, Interim City Clerk

Resolution 2022-55
ITEM 6
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 (5%) LS 1 $40,000.00 $40,000.00 $70,000.00 $70,000.00 $101,480.00 $101,480.00 $165,000.00 $165,000.00 2 Traffic Control System LS 1 $75,000.00 $75,000.00 $90,000.00 $90,000.00 $19,271.76 $19,271.76 $278,640.00 $278,640.00 3 Water Pollution Control LS 1 $25,000.00 $25,000.00 $25,650.00 $25,650.00 $7,715.45 $7,715.45 $15,000.00 $15,000.00 4 Clearing and Grubbing LS 1 $15,000.00 $15,000.00 $54,000.00 $54,000.00 $15,790.76 $15,790.76 $75,000.00 $75,000.00 5 Remove Curb and Gutter LF 620 $20.00 $12,400.00 $10.00 $6,200.00 $5.90 $3,658.00 $16.00 $9,920.00 6 Remove Sidewalk, Ramps, and Stamped
Concrete SF 11,450 $5.00 $57,250.00 $5.00 $57,250.00 $2.36 $27,022.00 $2.50 $28,625.00 7 Remove Tree and Stump EA 12 $2,100.00 $25,200.00 $1,000.00 $12,000.00 $1,516.30 $18,195.60 $1,050.00 $12,600.00 8 Relocate Wood Shack EA 1 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $877.92 $877.92 $1,000.00 $1,000.00 9 Relocate Existing Fence LF 940 $8.00 $7,520.00 $116.20 $109,228.00 $51.24 $48,165.60 $37.00 $34,780.00 10 Roadway Excavation SF 7,100 $7.00 $49,700.00 $2.20 $15,620.00 $2.07 $14,697.00 $2.50 $17,750.00 11 Conform Grading and Earthwork CY 1,340 $120.00 $160,800.00 $65.00 $87,100.00 $23.60 $31,624.00 $90.00 $120,600.00 12 Full Depth Pavement Digouts SF 74,145 $3.00 $222,435.00 $1.80 $133,461.00 $0.48 $35,589.60 $1.00 $74,145.00 13 Cold Plane Asphalt Pavement SF 66,180 $2.00 $132,360.00 $0.30 $19,854.00 $0.45 $29,781.00 $0.50 $33,090.00 14 HMA Pavement (Type A) TN 9,010 $110.00 $991,100.00 $115.00 $1,036,150.00 $149.86 $1,350,238.60 $145.00 $1,306,450.00 15 Aggregate Base (Class 2) TN 1,050 $90.00 $94,500.00 $55.20 $57,960.00 $46.02 $48,321.00 $42.00 $44,100.00 16 Geotextile Fabric (Geogrid) SY 41,829 $6.00 $250,974.00 $7.36 $307,861.44 $10.44 $436,694.76 $7.00 $292,803.00 17 Minor Concrete (Curb & Gutter) LF 1,990 $45.00 $89,550.00 $60.00 $119,400.00 $57.77 $114,962.30 $28.00 $55,720.00 18 Minor Concrete (Vertical Curb) LF 355 $35.00 $12,425.00 $10.00 $3,550.00 $63.54 $22,556.70 $12.00 $4,260.00 19 Minor Concrete (Stamped Concrete) SF 250 $60.00 $15,000.00 $40.00 $10,000.00 $37.37 $9,342.50 $9.00 $2,250.00 20 Minor Concrete (Refuge Island) SF 350 $10.00 $3,500.00 $35.00 $12,250.00 $15.76 $5,516.00 $8.50 $2,975.00 21 Minor Concrete (Sidewalk) SF 25,830 $8.00 $206,640.00 $14.00 $361,620.00 $9.18 $237,119.40 $7.00 $180,810.00 22 Minor Concrete (Driveway) SF 1,370 $12.00 $16,440.00 $15.00 $20,550.00 $13.29 $18,207.30 $22.00 $30,140.00 23 Curb Ramps EA 17 $5,000.00 $85,000.00 $2,500.00 $42,500.00 $6,018.00 $102,306.00 $1,800.00 $30,600.00 24 Detectable Warning Surface SF 620 $60.00 $37,200.00 $27.00 $16,740.00 $38.29 $23,739.80 $12.00 $7,440.00 25 15" RCP Storm Drainpipe LF 120 $200.00 $24,000.00 $130.00 $15,600.00 $199.34 $23,920.80 $304.00 $36,480.00 26 Storm Drain Inlet & Connection EA 4 $6,000.00 $24,000.00 $14,895.00 $59,580.00 $7,911.90 $31,647.60 $6,222.00 $24,888.00 27 Street Lighting LS 1 $80,000.00 $80,000.00 $70,350.00 $70,350.00 $71,980.00 $71,980.00 $67,000.00 $67,000.00 28 RRFB System LS 1 $30,000.00 $30,000.00 $26,250.00 $26,250.00 $23,600.00 $23,600.00 $25,000.00 $25,000.00 29 Adjust to Grade: Sewer Manhole EA 26 $1,000.00 $26,000.00 $800.00 $20,800.00 $1,298.00 $33,748.00 $1,200.00 $31,200.00 30 Adjust to Grade: Storm Drain Manhole EA 22 $1,000.00 $22,000.00 $800.00 $17,600.00 $1,298.00 $28,556.00 $1,200.00 $26,400.00 31 Adjust to Grade: Pac Bell Manhole EA 2 $1,000.00 $2,000.00 $2,500.00 $5,000.00 $2,006.00 $4,012.00 $1,400.00 $2,800.00 32 Adjust to Grade: Survey Monument Cover EA 5 $800.00 $4,000.00 $600.00 $3,000.00 $1,003.00 $5,015.00 $900.00 $4,500.00 33 Adjust to Grade: Water Valve Box EA 37 $800.00 $29,600.00 $600.00 $22,200.00 $1,003.00 $37,111.00 $1,100.00 $40,700.00 34 Adjust to Grade: Traffic Loop Handhold Cover EA 3 $800.00 $2,400.00 $840.00 $2,520.00 $1,003.00 $3,009.00 $800.00 $2,400.00 35 Pavement Delineation (includes removal) LS 1 $140,000.00 $140,000.00 $95,820.00 $95,820.00 $107,683.26 $107,683.26 $91,257.00 $91,257.00 36 Roadside Signs (includes removal) LS 1 $12,000.00 $12,000.00 $4,155.00 $4,155.00 $4,666.90 $4,666.90 $3,955.00 $3,955.00 37 Traffic Loop Detector EA 18 $1,000.00 $18,000.00 $1,050.00 $18,900.00 $2,065.00 $37,170.00 $1,000.00 $18,000.00 38 Video Detection Zone Adjustments LS 1 $4,000.00 $4,000.00 $4,200.00 $4,200.00 $6,490.00 $6,490.00 $4,000.00 $4,000.00 39 Landscaping and Irrigation LS 1 $40,000.00 $40,000.00 $25,200.00 $25,200.00 $28,320.00 $28,320.00 $12,000.00 $12,000.00 40 Restoration LS 1 $10,000.00 $10,000.00 $48,000.00 $48,000.00 $18,880.00 $18,880.00 $20,000.00 $20,000.00 41 6" PVC SDR-26 Sewer Line LF 340 $90.00 $30,600.00 $95.00 $32,300.00 $48.75 $16,575.00 $125.00 $42,500.00 42 48" Sewer Manhole EA 2 $8,000.00 $16,000.00 $6,850.00 $13,700.00 $6,978.52 $13,957.04 $4,569.00 $9,138.00 43 Sanitary Cleanouts EA 3 $1,200.00 $3,600.00 $2,350.00 $7,050.00 $2,553.91 $7,661.73 $1,530.00 $4,590.00 44 4" Sewer Laterals EA 4 $3,000.00 $12,000.00 $2,250.00 $9,000.00 $2,532.87 $10,131.48 $2,274.00 $9,096.00 45 Sewer Connection EA 2 $2,500.00 $5,000.00 $7,100.00 $14,200.00 $2,621.37 $5,242.74 $2,384.00 $4,768.00 46 1" Water Service Connection EA 5 $3,500.00 $17,500.00 $2,895.00 $14,475.00 $5,566.77 $27,833.85 $6,735.00 $33,675.00 $3,179,694.00 $3,200,344.44 $3,270,084.45 $3,338,045.00TOTAL BID:

SUB-CONTRACTORS:

BID DUE: MAY 19, 2022 at 2:00 PM

SRTS MORGAN ROAD CORRIDOR IMPROVEMENTS
All Comm. Fence, Anrak Corp, Chrisp
Comp,Collins Elec, DA Wood Const, Marina
Landsc, Pacific NW Oil, Rockin R Grading &
Ex,
Chrisp Comp, Hensley's Paving &
Gen. Eng, American Elite Elec,
Merced Fence, Marina Landsc,
Verux Inc, Cole Concrete, Chrisp Comp,
Stockton Fence, Collins Elec, Marina
Landsc, Pale Horse Asphalt
(P21-006)
George Reed, Inc.

Modesto, CA

BID TABULATION SHEET
Taylor Backhoe Service, Inc.

Hughson, CA Merced, CA
Engineer's Estimate
United Pavement Maintenance,
Inc.
1 of 2
ITEM 6
BID DUE: MAY 19, 2022 at 2:00 PM

SRTS MORGAN ROAD CORRIDOR IMPROVEMENTS
(P21-006)

BID TABULATION SHEET
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Mobilization (5%) LS 1 $40,000.00 $40,000.00 $21,358.00 $21,358.00 $0.00 2 Traffic Control System LS 1 $75,000.00 $75,000.00 $150,000.00 $150,000.00 $0.00 3 Water Pollution Control LS 1 $25,000.00 $25,000.00 $106,000.00 $106,000.00 $0.00 4 Clearing and Grubbing LS 1 $15,000.00 $15,000.00 $38,000.00 $38,000.00 $0.00 5 Remove Curb and Gutter LF 620 $20.00 $12,400.00 $15.25 $9,455.00 $0.00 6 Remove Sidewalk, Ramps, and Stamped
Concrete SF 11,450 $5.00 $57,250.00 $4.70 $53,815.00 $0.00 7 Remove Tree and Stump EA 12 $2,100.00 $25,200.00 $2,300.00 $27,600.00 $0.00 8 Relocate Wood Shack EA 1 $2,000.00 $2,000.00 $9,200.00 $9,200.00 $0.00 9 Relocate Existing Fence LF 940 $8.00 $7,520.00 $133.00 $125,020.00 $0.00 10 Roadway Excavation SF 7,100 $7.00 $49,700.00 $5.80 $41,180.00 $0.00 11 Conform Grading and Earthwork CY 1,340 $120.00 $160,800.00 $42.50 $56,950.00 $0.00 12 Full Depth Pavement Digouts SF 74,145 $3.00 $222,435.00 $0.70 $51,901.50 $0.00 13 Cold Plane Asphalt Pavement SF 66,180 $2.00 $132,360.00 $0.39 $25,810.20 $0.00 14 HMA Pavement (Type A) TN 9,010 $110.00 $991,100.00 $119.00 $1,072,190.00 $0.00 15 Aggregate Base (Class 2) TN 1,050 $90.00 $94,500.00 $64.50 $67,725.00 $0.00 16 Geotextile Fabric (Geogrid) SY 41,829 $6.00 $250,974.00 $9.10 $380,643.90 $0.00 17 Minor Concrete (Curb & Gutter) LF 1,990 $45.00 $89,550.00 $37.00 $73,630.00 $0.00 18 Minor Concrete (Vertical Curb) LF 355 $35.00 $12,425.00 $55.00 $19,525.00 $0.00 19 Minor Concrete (Stamped Concrete) SF 250 $60.00 $15,000.00 $39.00 $9,750.00 $0.00 20 Minor Concrete (Refuge Island) SF 350 $10.00 $3,500.00 $59.00 $20,650.00 $0.00 21 Minor Concrete (Sidewalk) SF 25,830 $8.00 $206,640.00 $13.00 $335,790.00 $0.00 22 Minor Concrete (Driveway) SF 1,370 $12.00 $16,440.00 $29.00 $39,730.00 $0.00 23 Curb Ramps EA 17 $5,000.00 $85,000.00 $8,000.00 $136,000.00 $0.00 24 Detectable Warning Surface SF 620 $60.00 $37,200.00 $27.50 $17,050.00 $0.00 25 15" RCP Storm Drainpipe LF 120 $200.00 $24,000.00 $234.50 $28,140.00 $0.00 26 Storm Drain Inlet & Connection EA 4 $6,000.00 $24,000.00 $5,906.50 $23,626.00 $0.00 27 Street Lighting LS 1 $80,000.00 $80,000.00 $89,700.00 $89,700.00 $0.00 28 RRFB System LS 1 $30,000.00 $30,000.00 $53,130.00 $53,130.00 $0.00 29 Adjust to Grade: Sewer Manhole EA 26 $1,000.00 $26,000.00 $1,080.00 $28,080.00 $0.00 30 Adjust to Grade: Storm Drain Manhole EA 22 $1,000.00 $22,000.00 $1,080.00 $23,760.00 $0.00 31 Adjust to Grade: Pac Bell Manhole EA 2 $1,000.00 $2,000.00 $1,080.00 $2,160.00 $0.00 32 Adjust to Grade: Survey Monument Cover EA 5 $800.00 $4,000.00 $1,080.00 $5,400.00 $0.00 33 Adjust to Grade: Water Valve Box EA 37 $800.00 $29,600.00 $1,080.00 $39,960.00 $0.00 34 Adjust to Grade: Traffic Loop Handhold Cover EA 3 $800.00 $2,400.00 $2,518.00 $7,554.00 $0.00 35 Pavement Delineation (includes removal) LS 1 $140,000.00 $140,000.00 $105,000.00 $105,000.00 $0.00 36 Roadside Signs (includes removal) LS 1 $12,000.00 $12,000.00 $4,600.00 $4,600.00 $0.00 37 Traffic Loop Detector EA 18 $1,000.00 $18,000.00 $1,810.00 $32,580.00 $0.00 38 Video Detection Zone Adjustments LS 1 $4,000.00 $4,000.00 $5,900.00 $5,900.00 $0.00 39 Landscaping and Irrigation LS 1 $40,000.00 $40,000.00 $27,600.00 $27,600.00 $0.00 40 Restoration LS 1 $10,000.00 $10,000.00 $18,700.00 $18,700.00 $0.00 41 6" PVC SDR-26 Sewer Line LF 340 $90.00 $30,600.00 $192.00 $65,280.00 $0.00 42 48" Sewer Manhole EA 2 $8,000.00 $16,000.00 $6,200.00 $12,400.00 $0.00 43 Sanitary Cleanouts EA 3 $1,200.00 $3,600.00 $1,050.00 $3,150.00 $0.00 44 4" Sewer Laterals EA 4 $3,000.00 $12,000.00 $2,600.00 $10,400.00 $0.00 45 Sewer Connection EA 2 $2,500.00 $5,000.00 $5,000.00 $10,000.00 $0.00 46 1" Water Service Connection EA 5 $3,500.00 $17,500.00 $3,000.00 $15,000.00 $0.00 $3,179,694.00 $3,501,093.60 $0.00
Knife River Construction, Inc. Granite Construction
Company
Stockton, CA
Engineer's Estimate
Sacramento, CA
TOTAL BID:

SUB-CONTRACTORS:

Anrak Corp, Accurate Sawcutting, Chrisp Comp,
Pacific NW Oil, WC Maloney Inc, Tully Consult,
Pacific Ex, Marina Landsc, Stockton Fence Non-Responsive 2 of 2
ITEM 6

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2021 - 2022

Reference Resolution No. 2022-55, dated June 13, 2022
authorizing appropriations for the Safe Routes to School Morgan Road Corridor Improvements as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Measure L Funds 271 95 800500 $400,000.00
SB1 Funds 277 95 800500 $400,000.00
Sewer Enterprise Funds 567 95 800500 $80,000.00
Water Enterprise Funds 527 95 800500 $20,000.00

Requested Appropriation $900,000.00
2021 - 2022 Current Appropriation $2,574,000.00
Total Appropriation $3,474,000.00

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:

ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2022-56, Approving the FY 2022-2023 Project List to be Funded with Senate Bill 1 (SB 1), “The Road Repair and Accountability Act of 2017.”

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the FY 2022-2023 project list to be funded by Senate Bill 1(SB 1), “The Road Repair and Accountability Act of 2017.” I. BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill 1 (SB 1), which is known as the Road Repair and Accountability Act of 2017. The primary focus of that Bill is to address basic road maintenance, rehabilitation, and critical safety needs on both the state highways and local streets and road systems.

One of the criteria for funding requires cities to submit an approved project list to the California Transportation Commission. The proposed project list must be adopted by Council and included into the FY 2022-23 budget to be eligible for funding.

Beginning November 1, 2017, the State Controller’s Office will deposit various portions of this funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). These funds will be distributed to the State, Counties and Cities in monthly installments. Ceres is estimated to receive $1,418,682 for FY 2022-23 to expend on local projects (Exhibit A).

The attached Exhibit A identifies the project title, location, estimated cost, estimated start date, estimated completion date and life expectancies of the improvements.

II. REASONS FOR RECOMMENDATION:

SB1 requires that cities identify projects and incorporate projects into the budget prior to receiving SB1 funding.

ITEM 7
III. FISCAL IMPACTS:

It is estimated that the City will receive and expend approximately $1,418,682 in SB1 funding in FY 2022-23.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.

V. POLICY ALTERNATIVES:

Council approval of the project list is required prior to consideration and approval by the California Transportation Commission. The City Council can choose to not approve SB1 funding for these projects. This is not recommended as the intended projects would be underfunded.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

There were no outreach meetings for this funding.

VIII. ENVIRONMENTAL REVIEW:

The project is CEQA Categorical Exemption as per Section 15301(c) Existing Facilities.

IX. STEPS FOLLOWING APPROVAL:

Submit project requirements for SB1 funding and incorporate into FY 2022-23 budget.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Exhibit A - Project List
ITEM 7
RESOLUTION NO. 2022-56

RESOLUTION APPROVING THE FY 2022-23 PROJECT LIST TO BE
FUNDED WITH SENATE BILL 1 (SB 1), "THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017.”

THE CITY COUNCIL
City of Ceres

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5 Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017, in order to address the significant multi -modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Ceres are aware of the projects proposed for the funding in our community and which projects have been completed each fiscal year; and,

WHEREAS, the City of Ceres must adopt by resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) created by SB 1 in the FY 2022-23 budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City of Ceres will receive an estimated $ 1,114,682 in RMRA funding in Fiscal Year 2022-23 from SB 1; and

WHEREAS, this is the sixth year in which the City of Ceres is receiving SB 1 funding which will enable the City of Ceres to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increase of access and mobility options to the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the City of Ceres has undergone a public process to ensure public input into our community’s transportation priorities/the project list; and

WHEREAS, the City of Ceres used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost- effective projects that also meet the community’s priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the City of Ceres maintain and rehabilitate over 1.5 miles of roadway throughout the City this year; and

WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City Streets and roads are in an “AT RISK” condition and this ITEM 7
revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “GOOD” condition; and

WHEREAS, the project list and required information is identified in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ceres does hereby approve the project list in Exhibit A to be funded in-part or solely with Fiscal Year 2022-23 revenues by Senate Bill 1 (SB 1), “The Road Repair and Accountability Act of 2017.”

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie E. Weaver, Interim City Clerk

ITEM 7
Project
Identifier Project Title Project Description Location
Estimated Cost
(Partially Funded w/
SB1)
Estimated Project
Start Date
Estimated Project
Completion Date
Project
Expected
Life
FY 22/23 ‐1
RELISTED (RP005) Whitmore Ave Pavement
Rehabilitation Project
Construction to include pavement overlay and
reconstruction of existing pavement including
curb ramp and sidewalk reconstruction, traffic
striping and associated roadway improvements
Whitmore Ave ‐ Crows Landing Rd
to Morgan Rd $2,010,100
Jun‐23 Dec‐23
10 ‐ 15
Years
FY 22/23 ‐2 NEW FY 22‐23 Pavement Preservation Project Construction and placement of chip seal and
slurry seal over existing pavement to preserve
pavement life
Resdiential streets east of SR99,
north of Whitmore Avenue and
south of Hatch Road $1,000,000 Nov ‐22 Dec‐23
10 ‐ 12
Years
FY 22/23 ‐2
NEW FY 22‐23 SRTS Morgan Corridor (072)
Construction to include pavement overlay and
reconstruction of existing pavement, installation
of new sidewalks, Bike lanes, traffic striping and
associated roadway improvements
Morgan Road ‐ Service Road to
Whitmore Ave $3,300,000 Jul‐22 Dec‐22
10 ‐ 15
Years
Exhibit "A"
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2022-57, approving the use of ARPA funds to allocate up to $200,000 in the Ceres RAD Card Program.

RECOMMENDED COUNCIL ACTION:

Staff recommends that City Council approves the resolution allowing the use of ARPA funds to allocate up to $200,000 in the Ceres RAD Card Program.

The proposal is to split the total funding into two tranches of $100,000 each. The first tranche would fund the RAD Card program immediately. Staff would monitor the fund balance on a regular basis while it is depleted. Once there is less than $10,000 remaining in the RAD Card program, staff would replenish it with the second tranche of $100,000.

I. BACKGROUND:

The Relief Across Downtown (RAD) Card is a digital gift card dedicated to the small, locally owned businesses in the area. The RAD Card program funding in Ceres had been depleted.

This proposal will replenish the Ceres funding to allow shoppers to load their RAD Card and get matched, dollar for dollar, up to $100, and thus shop local. The RAD Card program in Ceres has been expanded to all businesses in Ceres that are not part of a national chain or franchise.

II. REASONS FOR RECOMMENDATION:

Allocating funding to the RAD Card program in Ceres will generate more shopping activity within the city. Ceres consumers, businesses, and the City as well , will benefit from the resolution being approved. The first round of RAD Card funding created $144,330.31 in sales for Ceres businesses.

ITEM 8
III. FISCAL IMPACTS:

The RAD Card program is administered by Downtown Modesto Partnership. Downtown Modesto Partnership charges an 11.5% administration fee for participating in the program.

The 11.5% administration fee covers credit card fees, I.T. technical support fees, as well as administrative support fees. In conclusion, $23,000 of the $200,000 contribution to the RAD Card Program from the City of Ceres will go towards necessary fees to participate in the RAD Card program.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The recommendation and resolution falls within the scope of item 3. Economic Development, under the “Goals” section of the strategic plan.

V. STEPS FOLLOWING APPROVAL:

Upon City Council approval, the City Manager and City Attorney would execute the RAD Card Program Agreement, and staff would begin providing payment to Downtown Modesto Partnership and RAD Card funds will be available to purchase for Ceres businesses within 3 – 4 weeks.

Approved by: _____________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. RAD Card Program Agreement with Downtown Modesto Partnership

3. EXHIBIT A – Scope of Work

4. EXHIBIT B – RAD Card Community Match Funding Disbursement Schedule

5. EXHIBIT C – Insurance Requirements for Cyber Service ITEM 8

RESOLUTION NO. 2022- 57

APPROVING THE USE OF ARPA FUNDS TO ALLOCATE UP TO $200,000 IN THE

CERES RAD CARD PROGRAM

THE CITY COUNCIL
City of Ceres

WHEREAS, the City Council approved a mid-year budget which included the use of ARPA funds for various projects across city departments, including the allocation of up to $200,000 towards the Relief Across Downtown (RAD) Card program in Ceres; and,

WHEREAS, the previous funds in the Ceres RAD Card program have been depleted; and,

WHEREAS, adding more funding towards the Ceres RAD Card program will increase shopping activity within the City of Ceres; and,

WHEREAS, the City has a need for services involving administrative support to implement the touchless gift card program within the City of Ceres; and,

WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services;

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the use of ARPA funds to allocate up to $200,000 in funds for the Ceres RAD Card Program.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13th day of June, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________________
Kellie Weaver, Interim City Clerk

ITEM 8

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PROFESSIONAL SERIVICES AGREEMENT

FOR ADMINISTRATIVE SERVICES REGARDING IMPLEMENTATION OF THE RAD CARD

PROGRAM IN THE CITY OF CERES

This Agreement for Professional Services (the “Agreement”) is made and entered into by and between the City of Ceres ("City") and Modesto Improvement Partnership, Inc. , a California Non-Profit Public Benefit Corporation, ("Contractor" or “DoMo”) as of the date of the last signature below.

Recitals

WHEREAS, the City has a need for services involving administrative support to implement the touchless gift card program within the City of Ceres;

WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; and

NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

Terms and Conditions

1. S cope of Work

1.1 The Contractor shall furnish to the City upon execution of this Agreement or receipt of the City's written authorization to proceed, those services and work set forth in Exhibits “A” and “B.”

1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City of Ceres shall have the right to reproduce, publish and use all such work (except the RAD Card tm Application code, language, framework and any intellectual property rights associated therewith), or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so upon receiving permission from the Contractor.

1.3 Services and work provided by the Contractor at the City 's request under this Agreement will be performed in a timely manner consistent with the requirements and standards established by applicable federal, state and City laws, ordinances, regulations, and resolutions, and in accordance with a schedule of work set forth in Exhibit A. If there is no schedule, the hours, and times for completion of said services and work are to be set by the Contractor; provided, however, that such schedule is subject to review by and concurrence of the City.

2. C onsideration

2.1 So long as Contractor is in compliance with this Agreement, City shall pay Contractor as set forth in Exhibit A. Contractor shall provide sufficient statements to allow City to confirm services rendered pursuant to the terms of this Agreement.

ITEM 8

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2.2 Except as expressly provided in Exhibit A of this Agreement, Contractor shall not be entitled to nor receive from City any additional consideration, compensation, salary, wages or other type of remuneration for services rendered under this Agreement. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, disability retirement benefits, sick leave, vacation time, paid holidays or other paid leaves of absence of any type or kind whatsoever.

2.3 City will not withhold any Federal or State income taxes or Social Security tax from any payments made by City to Contractor under the terms and conditions of this Agreement.

Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor.

City has no responsibility or liability for payment of Contractor's taxes or assessments.

2.4 Pursuant to Penal Code section 484b and to Business and Professions Code section 7108.5, the Contractor must apply all funds and progress payments received by the Contractor from the City for payment of services, labor, materials or equipment to pay for such services, labor, materials or equipment. Pursuant to Civil Code section 1479, the Contractor shall direct or otherwise manifest the Contractor’s intention and desire that payments made by the Contractor to subcontractors, suppliers and materialmen shall be applied to retire and extinguish the debts or obligations resulting from the performance of this Agreement.

3. Ter
m

3.1 The term of this Agreement shall be from the date of approval of this Agreement until completion of the agreed upon services . For the purposes of this Agreement, 'completion of the agreed upon services' shall occur upon all of the following: (a) the balance of the Match Funds (less the administrative fees) has been deposited/loaded onto RAD Card user accounts; (b) the dollar amount of the Match Funds (less the administrative fees) has been spent by RAD Card users (without regard as to whether such funds actually expended were user deposited funds or Match Funds); and (c) Contractor provide sufficient statements as required by Section 2.1.

3.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party's option, may terminate this Agreement by giving thirty (30) days written notification to the other party.

3.3 This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, (b) sale of Contractor's business, (c) cancellation of insurance required under the terms of this Agreement, and (d) if, for any reason, Contractor ceases to be licensed or otherwise authorized to do business in the State of California, and the Contractor fails to remedy such defect or defects within thirty (30) days of receipt of notice of such defect or defects.

3.4 The City may terminate this agreement upon 30 days prior written notice to the Contractor. Termination of this Agreement shall not affect the City ’s obligation to pay for all fees earned and reasonable costs necessarily incurred by the Contractor as provided in Paragraph 2 herein, subject to any applicable setoffs.

4. R
equired Licenses, Certificates and Permits

4.1 Any licenses, certificates or permits required by the federal, state, county or municipal governments for Contractor to provide the services and work described in Exhibit A must be procured by Contractor and be valid at the time Contractor enters into this Agreement. Further, during the term of this Agreement, Contractor must maintain such licenses, certificates and permits in full force and effect. Licenses, certificates and permits may include but are not limited to driver's ITEM 8

Page 3 of 14 ends

licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits will be procured and maintained in force by Contractor at no expense to the City.

4.2 Contractor further certifies to City that it and its principals are not debarred, suspended, or otherwise excluded or ineligible for participation in federal, state, county, or city government contracts. Contractor certifies that it shall not contract with a subcontractor that is so debarred or suspended.

5. O
ffice Space, Supplies, Equipment, Etc.

Unless otherwise provided in Exhibit A, Contractor shall provide such office space, supplies, equipment, vehicles, reference materials and telephone service as is necessary for Contractor to provide the services identified in Exhibit A to this Agreement. City is not obligated to reimburse or pay Contractor for any expense or cost incurred by Contractor in procuring or maintaining such items. Responsibility for the costs and expenses incurred by Contractor in providing and maintaining such items is the sole responsibility and obligation of Contractor.

6. Ins
urance

Coverage Required: Contractor shall obtain, and maintain at all times during the term of this Agreement, insurance coverage in the amounts and coverage specified in the attached Exhibit “C.”

7. D efense and Indemnification

7.1 To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend the City and its agents, officers and employees from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorneys’ fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employees, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including the loss of use; provided, however, such indemnification shall not extend to or cover loss, damage or expense arising from the sole negligence or willful misconduct of the City or its agents, officers and employees.

7.2 Contractor's obligation to defend, indemnify and hold the City and its agents, officers and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.

7.3 Contractor shall be responsible for any and all federal, state and local taxes, fees, or contributions required to be paid with respect to Contractor and Contractor’s officers, employees, and agents engaged in the performance of this Agreement, including and without limitation unemployment insurance, social security and payroll tax withholding.

8. S
tatus of Contractor

8.1 All acts of Contractor and its officers, employees, agents, representatives, subcontractors and all others acting on behalf of Contractor relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers or employees of City. Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of Contractor. It is understood by both Contractor and City that thi s ITEM 8

Page 4 of 14 ends

Agreement shall not be construed or considered under any circumstances to create an employer - employee relationship or a joint venture.

8.2 At all times during the term of this Agreement, the Contractor and its officers, employees, agents, representatives or subcontractors are, and shall represent and conduct themselves as, independent contractors and not employees of City.

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

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

8.5 It is understood and agreed that as an independent Contractor and not an employee of City, the Contractor and the Contractor's officers, employees, agents, representatives or subcontractors do not have any entitlement as a City employee, and do not have the right to act on behalf of the City i n any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

8.6 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

8.7 Contractor retains all of their powers and authority to direct and control to the full extent of the law. Included in but not limited to those duties and powers are the rights to: direct the work of its employees; establish the developmental philosophy, goals, and objectives; ensure the rights and opportunities of children and families; determine the staffing patterns; determine the number and kinds of personnel required; determine the classification of positions; maintain the efficiency of the program operation; determine the curriculum; develop a budget; develop and implement budget procedures. In addition, the Contractors retain the right to hire, assign, evaluate, promote, terminate, and discipline employees, and to take action on any matter in the event of an emergency. The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the Contractors, the adoption of policies, rules, regulation, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with the laws of the State of California.

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

9. R
ecords and Audit
ITEM 8

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9.1 Contractor shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photostatic, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof.

9.2 Any authorized representative of City shall have access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by Contractor. Further, City has the right at all reasonable times to audit, inspect or otherwise evaluate the work performed or being performed under this Agreement.

10. C
onfidentiality

The Contractor agrees to keep confidential all information obtained or learned during the course of furnishing services under this Agreement and to not disclose or reveal such information for any purpose not directly connected with the matter for which services are provided.

11. N ondiscrimination

11.1 Non-Discrimination. During the performance of this Agreement, Contractor and its officers employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religious creed, color, national origin, ancestry, physical or mental disability including perception of a disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex, sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military and veteran status. Contractor and its officers, employees, agents, representatives or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s non-discrimination policy; the Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations.

11.2 Contractor shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

11.3 Contractor shall provide a system by which recipients of service shall have the opportunity to express and have considered their views, grievances, and complaints regarding Contractor's delivery of services.

12. A
ssignment

This is an agreement for the services of Contractor. City has relied upon the skills, knowledge, experience and training of Contractor and the Contractor's firm, associates and employees as an inducement to enter into this Agreement. Contractor shall not assign or subcontract this Agreement without the express written consent of City . Further, Contractor shall not assign any monies due or to become due under this Agreement without the prior written consent of City.

ITEM 8

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13. Wai ver of Default

Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

14. N otice

Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which Contractor or City shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:

To City: To Contractor:

City of Ceres
2720 2nd Street
Ceres, CA 95307
Attn: Alex Terrazas, City Manager

Modesto Improvement Partnership
dba
Downtown Modesto Partnership
1003 10th Street, Suite A
Modesto, CA 95354

15. C onflicts

Contractor agrees that it has no interest and shall not acquire any interest direct or indirect which would conflict in any manner or degree with the performance of the work and services under this Agreement.

16. S
everability

If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or county statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

17. A
mendment

This Agreement may be modified, amended, changed, added to or subtracted from by the mutual consent of the parties hereto if such amendment or change is in written form and executed with the same formalities as this Agreement and attached to the original Agreement to maintain continuity.

18. E
ntire Agreement

This Agreement supersedes any and all other agreements, either oral or in writing, between any of the parties herein with respect to the subject matter hereof and contains all the agreements between the parties with respect to such matter. Each party acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

ITEM 8

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19. A dvice of Attorney

Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

20. Cons truction

Headings or captions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement.

21. G
overning Law and Venue

This Agreement shall be deemed to be made under and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Agreement shall have venue in the County of Stanislaus, State of California.

22. A uthorized Signature

The person signing this Agreement (“Signatory”) represents and warrants that he or she is duly authorized and has legal capacity to execute this Agreement. Signatory represents and warrants that the execution and delivery of the Agreement and the performance of Contractor’s obligations hereunder has been duly authorized, and that the Agreement is a valid and legal agreement binding on Contractor and enforceable in accordance with its terms.

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IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Agreement on the day and year first hereinabove written.

CITY of Ceres

Dated:____________

By: ____________________________________
Alex Terrazas
City Manager, City of Ceres

"City"

APPROVED:

MODESTO IMPROVEMENT PARTNERSHIP
dba DOWNTOWN MODESTO PARTNERSHIP

Dated:_____________

By: _________________________________
Josh Bridegroom, CEO

"Contractor”

APPROVED AS TO FORM:

City Attorney

Dated: ____________

By: ____________________________________
Tom Hallinan, City of Ceres

ITEM 8

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EXHIBIT A

A. SCOPE OF WORK

The Contractor shall provide professional administrative services under this Agreement for business revitalization and economic development support. The investment strategy in local businesses and non-profit organizations is intended to infuse and stabilize the small business economy and secure the ongoing operation of non-profit services critical to community support and economic recovery in the City of Ceres. The services provided shall include:

• Administration, implementation and promotion of a citywide touchless gift card (“RAD Card
tm) program whereby residents will be able to purchase e-gift cards in different denominations ($25, $50, $75, $100) for use at participating small businesses located within the C ity. The City of Ceres Community Match Fund will allow consumers to double their spending when purchasing a gift card with a maximum of $100 per resident.

• The City will identify a community liaison for the RAD Card tm program. The community
liaison will be responsible for providing the Contractor with a boundary map and a list of qualifying businesses within the boundary area. The community liaison will also be responsible for outreach to the community’s businesses related to onboarding and crowd-source promotions. Contractor will provide concise onboarding and promotional materials for community liaisons to share with their business community.

• The RAD Card
tm will provide relief for small businesses impacted by the COVID-19 pandemic whose typical products sell for less than the denomination available per user under the Community Match Fund (i.e., less than $100). Examples of the types of businesses this program is designed to support include, but are not limited to:
restaurants, theaters, boutique retailers and beauty salons. T he City reserves the right to further quantify the type, size, and other qualifying requirements that it deems appropriate with respect to eligibility and participation in the RAD Card tm program,
however; prior to implementing any changes the City shall consult with DoMo.

• DoMo shall provide support to participating RAD Card tm program businesses as required, including, but not limited to: (i) enrollment in the RAD Cardtm program, (ii) “App” & “QR Code;” (iii) promotion and marketing; and (iv) access to other technical assistance expertise the Consultant possesses and provides to other similar participating communities.

• Contractor will provide monthly activity reports to City which shall include at a minimum the following: number of RAD gift cards issued, value of RAD gift cards issued, value of RAD gift cards redeemed, and any other performance indicators Contractor and City deem appropriate to gauge the success of the RAD Card tm program in the City.

City has allocated a budget of Two Hundred Thousand Dollars ($200,000 “Allocated Budget”) for its RAD Cardtm program, which includes the Community Match Fund and the fee to be paid to Contractor (DoMo) for professional services rendered as set forth in this Agreement and Exhibits hereto. City shall pay DoMo an Administrative Fee not- to-exceed eleven and a half p ercent (11.5% ) or Twenty -Three Thousand D ollars ($23,000) of the Allocated Budget to cover the cost of administration of the touchless gift card program, including, but not limited to: DoMo staffing, marketing, analytics, ITEM 8

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software, training, website, accounting, credit card processing fees, technical assistance, etc. The balance of the Allocated Budget of Two Hundred Thousand Dollars ($200,000) shall constitute the City Community Match Fund to be disbursed by DoMo to participating RAD program businesses.

• City shall divide the Allocated Budget, including the Community Match Fund and the Administrative Fee into two equal tranches of One Hundred Thousand Dollars ($100,000) each.

• For each tranche, the City shall wire to DoMo’s specified federally insured bank account(s) Eleven Thousand Five Hundred Dollars ($11,500) for the Administrative Fee and Eighty -Eight Thousand Five Hundred Dollars ($88,500) for the Community Match Fund.

• The two tranches shall be disbursed pursuant to the disbursement schedule specified by City in Exhibit B.

B. COMPENSATION:

The Contractor shall be compensated for the services provided under this Agreement as follows:

The Parties hereto acknowledge the maximum amount to be paid by the City for services provided under the term of this Agreement shall not exceed the Administrative Fee, or the sum of

Twenty Three Thousand Dollars ($ 23,000), including, without limitation, the cost of any subcontractors, consultants, experts or investigators retained by the Contractor to perform or to assist in the performance of its work under this Agreement.

Contractor’s Administrative Fee, compensation for services rendered, shall be paid in two installments of Eleven Thousand Five Hundred Dollars ($11, 500) each, the first payment being disbursed to DoMo at the same time as the first tranche (“First Tranche, ” See Exh ibit B) of the Community Match Fund. The second payment will be disbursed to DoMo upon disbursement of the second tranche (“Second Tranche,” See Exhibit B) of the Community Match Fund.

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EXHIBIT B

RAD Cardtm Community Match Funding Disbursement Schedule

City will provide a disbursement constituting the first tranche in the amount of Eighty-Eight Thousand Five Hundred Dollars [$88,500, “First Tranche”] to DoMo within five (5) business days of full execution of this Agreement.

City will provide a disbursement constituting the second tranche in the amount of Eighty -Eight Thousand Five Hundred Dollars ($88,500) to DoMo at such time that there is Ten Thousand Dollars ($10,000) or less remaining from the first tranche in the RAD Card Community Match Fund.

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EXHIBIT C
Insurance Requirements for Cyber Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

Contractor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: If the Contractor or the Contractor's officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under the Agreement Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit s no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification, it has no employees)

4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, Two Million Dollar ( $2,000,000) aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

Application of Excess Liability Coverage: Contractors may use a combination of primary, and excess insurance policies which provide coverage as broad as ("follow form" over) the underlying primary policies, to satisfy the Required Insurance provisions.

ITEM 8

Page 13 of 14 ends

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, i
ts officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL and Auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability and auto liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For
any claims related to this contract, the Contractor's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

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

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Notification of insurance cancellation to the City will be contractors' responsibility.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City . The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with California admitted insurers (licensed to do business in California) with a current A.M. Best's rating of no less than A -VII, however, if no California admitted insurance company provides the required insurance, it is acceptable to provide the required insurance through a United States domiciled carrier that meets the required Best's rating and that is listed on the current List of Approved Surplus Line Insurers (LASLI) maintained by the California Department of Insurance.

ITEM 8

Page 14 of 14 ends

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
Contractor shall furnish the Ci ty with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its offi cers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance.

ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution 2022-58, approving the Annual Report of the Ceres Downtown Revitalization Area (CDRA) for Fiscal Year 2022-23 and Setting a Public Hearing for June 27, 2022 to consider approving the Levy of Assessment for CDRA Activities and Projects.

RECOMMENDED COUNCIL ACTION:

Staff recommends the approval of a Resolution approving the Annual Report of the Ceres Downtown Revitalization Area (CDRA) for the 2022- 2023 Fiscal Year and setting the City Council’s public hearing for the regularly scheduled meeting of June 27, 2022 to consider levying an assessment on businesses within the CDRA to finance the CDRA’s activities and projects planned for Fiscal Year 2022-23

I. BACKGROUND:

The “Ceres Downtown Revitalization Area” was created under the provisions of the Parking and Business Improvement Area Law of 1979 by Ordinance No. 88- 708 adopted by the Ceres City Council on September 26, 1988. In 1995, pursuant to the authority provided in the Streets and Highways Code 36500-36551, the City Council approved Ordinance 95-848 which added flexibility to the types of uses and activities for which assessment revenue could be used. New language was added to allow assessment revenues to be used for…. “Other projects, programs and/or improvements, the purpose of which is to contribute to the revitalization of downtown Ceres .” All of the ordinance provisions are codified in Ceres Municipal Code Chapter 3.08, CERES DOWNTOWN REVITALIZATION AREA.

ITEM 9
The Ceres Downtown Revitalization Area Board (CDRAB) was established by the City Council in 1989 by Resolution No. 1989- 18 and, in 1998, the Ceres Planning Commission was formally appointed by Council as the designated advisory body to serve as the Ceres Downtown Revitalization Area Board (CDRAB) and advise the City Council regarding economic and revitalization issues of the Downtown area. Resolution No. 1989-18 requires that an Annual Report be prepared by the CDRAB and forwarded to the City Council and that the Annual Report make recommendations as to the expenditure of funds for each fiscal year. After the Annual Report is reviewed and accepted by the City Council, a public hearing is to be scheduled, at which time the City Council considers approval of the assessment to be levied on applicable businesses for that next fiscal year.

Under Municipal Code Section 3.08.030, revenues generated by the assessment on businesses located in the Ceres Downtown Revitalization Area will be used to fund replacement of selected curb, gutter and sidewalks; landscaping and beautification, irrigation, street furniture and lighting, including related maintenance; reconstruction of alleys and provisions for off-street parking; façade renovation efforts; and other general projects and/or improvements that contribute to the revitalization of downtown Ceres.

At the May 16 , 2022 CDRAB meeting, the Board (Planning Commission) reviewed the proposed CDRAB Annual Report for FY 2022-23, including reviewing the annual budget of proposed expenditures. Additionally, the Board allowed for testimony from any person desiring to speak on the matter. During their deliberations, the Board acknowledged that the annual revenue estimates were down as a result of the lingering COVID 19 negative impacts to the small downtown businesses, as well as many vacant properties throughout downtown, which prompts caution throughout the fiscal year.

The action of the CDRA Board is to recommend that the City Council approve the CDRAB FY 2022-23 Annual Report, which is attached hereto. The Board’s action also recommends that the FY 2022-23 budget expenditures for normal ongoing annual expenses continue at a conservative pace to take in account the estimated revenue $10,700. Regarding Contract Services, the expenditures consist of $15,000 for landscape services, as well as $3,255 for promotional banner rotations, totaling $18,255. Please note, Public Works is in the process of seeking new bids for downtown landscape services. In consideration that landscape services may potentially increase, the total budget for Contract Services was slightly increased to $20,000 to account for potential increases in the landscape services expenditure. The amount of $20,000 was identified as that amount was the largest amount approved in previous years (Approved 20- 21 Contract Services Budget was $20,000, EXHIBIT F).

The significant landscape services expenditure must be allocated to fund half the costs necessary to provide for landscape maintenance in the CDRA, as the City has assumed full responsibility for this service.

Please note, that in recent years, the Board had recommended expending $16,000 from budget reserves for the Downtown Façade Improvement (DFI) program ($5,000), the Way - finding Sign Program place holder ($1,000), and the extension of funds identified for a future downtown incentive program (yet to be determined) at $10,000. These supplemental activities were removed from the FY 2022- 23 annual budget , as City Council recently approved the use of American Rescue Plan Act ( ARPA) funds to provide financial support ITEM 9
for such downtown incentive activities. In future years, it will again be proposed that budget reserves be utilized for such downtown incentive activities, as was done in the past. Such downtown incentive activities were identified as positive efforts to improve the aesthetics of the downtown business neighborhood, increase foot traffic downtown, and enhance the overall shopping experience.

The total recommended budget expenditures for FY 2022-23 are $22,650. The proposed budget reflecting this amount is attached as Exhibit D and so noted in the proposed Annual Report.

II. REA
SONS FOR RECOMMENDATION:

The State of California Streets and Highways Code section 36533(a) requires that a report be prepared annually, describing the boundaries of the zone, the assessments to be levied on businesses in the zone, and to identify any improvements and activities to be paid from those assessments.

The Annual Report for FY 2022-23 is attached to this report and includes a map of the CDRA boundaries, legal description of the CDRA area, and the method for calculating the individual business assessments. Although the levy and assessments for the CDRA have not been raised since the Parking and Business Improvement District was first created in 1989, staff and the Board are proposing that the assessment for FY 2022-23 remain the same as FY 2021-22, which is outlined in the attached Exhibit C.

III. F
ISCAL IMPACTS:

The full fiscal impact of the proposed Ceres Downtown Revitalization Board annual budget recommended by the CDRAB is $22, 650. These funds are to be appropriated from the CDRAB budget, which is financed from levying an assessment on Downtown businesses and there will be no impact to the General Fund. This assessment is projected to generate approximately $10,700 during the 2022-23 Fiscal Year. Additionally, the proposed budget will require $ 11,950 from unexpended budget reserves. On June 30, 2022 , CDRAB unencumbered reserves are anticipated to be $56,356. If the City Council adopts this budget and the funds allocated to all projects identified are fully expended, CDRAB unencum bered reserves on June 30, 2023 are anticipated to be $44,466.

IV. EXI
STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Action on this item furthers the City’s 2016- 2017 Strategic Plan goal of “Economic Development: Proactively implement the City Council’s Economic Development Strategic Plan 2013-2020 consistent with the Council’s long- term vision and priorities…”. As noted previously, action to approve this Annual Report furthers the progress in implementing the Strategic Plan, as well as the Ceres Downtown Specific Plan policy objectives that will enhance the community’s economic strength and vitality.

ITEM 9
V. PUBLIC PARTICIPATION:

The public has had an opportunity to provide input at quarterly CDRA Board meetings held in July, November, and May, as well as the CDRAB meeting to review the proposed Annual Report held on May 16, 2022. Additionally, another formal opportunity for public participation will occur at the planned public hearing to be scheduled on June 27 , 2022 when the City Council considers the levy of an assessment on affected businesses for FY 2022-23.

VI. ST
EPS FOLLOWING APPROVAL:

Following City Council action, a public hearing will be scheduled on June 27, 2022 to consider approving the levy of assessment on businesses located within the CDRA boundaries for FY 2022-23.

Approved by: ____________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution (Approving the CDRA Annual Report)

2. Annual Report of the CDRA for Fiscal Year 2022-23

3. Boundary Map (Exhibit A to the Annual Report)

4. Legal Description of Boundary (Exhibit B to the Annual Report)

5. Method of Calculating Assessment (Exhibit C to the Annual Report)

6. Ceres Downtown Revitalization Area Proposed FY 2022-23 Budget (Exhibit D to the Annual Report)

7. CDRAB Staff Report and Resolution

ITEM 9

RESOLUTION NO. 2022-58

APPROVING THE ANNUAL REPORT OF THE CERES DOWNTOWN
REVITALIZATION AREA (CDRA) FOR FISCAL YEAR 2022-23 AND SETTING A PUBLIC HEARING FOR JUNE 27 , 2022 TO CONSIDER

APPROVING THE LEVY OF ASSESSMENT FOR CDRA ACTIVITIES AND PROJECTS.

THE CITY COUNCIL
City of Ceres

WHEREAS, the Ceres Downtown Revitalization Area Board has duly prepared and filed with the City Clerk of the City of Ceres its Annual Report for the 2022-23 Fiscal Year, which report was approved on May 16, 2022, at a duly noticed public meeting of the Ceres Downtown Revitalization Board; and

WHEREAS, the City Council of the City of Ceres has reviewed said report, including the proposed assessments to be made for the 2022-23 Fiscal Year, and finds said report to be in the best interest of the citizens of the City of Ceres.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres, California, as follows:

1) The Annual Report of the Ceres Downtown Revitalization Area Board for FY 2022-23, a copy of which is on file in the Office of the City Clerk of the City of Ceres, is hereby approved;

2) The City Council of the City of Ceres does hereby declare its intention to levy and collect the assessments within the said Ceres Downtown Revitalization Area for the 2022-23 fiscal year as set forth in the Annual Report of the Ceres Downtown Revitalization Area Board;

3) The Ceres Downtown Revitalization Area is generally located in the downto wn Ceres area and bounded by State Highway 99, Sixth Street, and Magnolia Street;

4) The proposed improvements and activities for the Ceres Downtown Revitalization Area for the 202-23 fiscal year generally include the provision of electricity to streetlights, maintenance of street trees and landscaping, rotation of seasonal and promotional banners;

5) The City Council does hereby refer and incorporate herein by reference the Annual Report of the Ceres Downtown Revitalization Area Board for the 2022- 23 Fiscal Year for a more full and detailed description of the improvements and activities to be provided during the 2022-23 Fiscal Year, the boundaries of the area subject to assessments, and the proposed assessments to be levied upon businesses within the area for said Fiscal Year, a copy of which is on file in the Office of the City Clerk of the City of Ceres;
ITEM 9

6) A public hearing is hereby set for Monday, June 27 , 2022, at 6 :00 pm, or as soon thereafter as practical, in the City Council Chambers of the City of Ceres located at 2701 Fourth Street, Ceres, California, for the purpose of considering the proposed levy of assessments to be made upon businesses located within the Ceres Downtown Revitalization Area for the 2022-23 Fiscal Year;

7) At said public hearing, written and oral protests may be made. The form and manner of said protests shall comply with Sections 36524 and 36525 of the Streets and Highways Code of the State of California.

BE IT FURTHER RESOLVED that the Clerk of the City of Ceres shall give notice of said public hearing by publication in the Ceres Courier, a newspaper of general circulation in the City of Ceres not less than seven (7) days prior to said public hearing and by mailing a notice of said public hearing to the businesses located within the boundaries of the Ceres Downtown Revitalization Area.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13th day of June 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

__________________________
Javier Lopez, Mayor

ATTEST:

__________________________
Kellie E. Weaver, Interim City Clerk

ITEM 9

CERES DOWNTOWN REVITATLIZATION AREA BOARD
FISCAL YEAR 2022-23 ANNUAL REPORT

CERES DOWNTOWN REVITATLIZATION BOARD
The Ceres Downtown Revitalization Area Board (CDRAB) was formed by the City Council on January 23, 1989 to assist business owners, merchants and land owners with the revitalization and promotion of Downtown Ceres.

BOUNDARIES
The boundaries for the Ceres Downtown Revitalization Area are reflected in Exhibit A and described with the attached legal description, Exhibit B. These boundaries generally include the area between 6
th Street to the east, Pine Street to the south, El
Camino Avenue to the west and include south-facing properties on Magnolia Street from El Camino Avenue, east to 6th Street. This area covers approximately ten (10) city blocks and presently includes 36 businesses.

IMPROVEMENTS AND ACTIVITIES TO BE PROPOSED FOR FISCAL YEAR 2022-23 Revenue generated from assessments will fund maintenance of tree grates, landscaping and sidewalks, rotation of decorative promotional banners, payment of electricity for street lights and special holiday tree lighting, funding for matching grants for design assistance as a component to an approved downtown façade improvement program, investigation of wayside-finding sign program, and development of a new downtown incentive program, details to be determined by the Board and the City Council.

ESTIMATE OF THE COST OF PROVIDING THE IMPROVEMENTS AND ACTIVITIES FOR FISCAL YEAR 2022-23
The CDRAB proposed budget for Fiscal Year 2022-23 is approximately $22,650, which funds promotional banners, landscape maintenance, holiday decorations, electricity, materials and postage fees.

ITEM 9

SURPLUS OR DEFICIT REVENUES TO BE CARRIED OVER FROM PRIOR FISCAL YEARS
The Ceres Downtown Revitalization Area Board creates a separate stand-alone budget each year. Any unexpended funds from this or prior fiscal years will be returned to fund balance. All projects and activities proposed to be funded during the upcoming year shall be included in each proposed budget approved annually by the Ceres City Council.

METHOD AND BASE OF LEVYING ASSESSMENT
The assessment for Fiscal Year 2022-23 will replicate the parking and business improvement district assessment as outlined in Exhibit C.

EXISTING POLICY
The City Council of the City adopted an ordinance, Chapter 3.08 of the City of Ceres Municipal Code, establishing a downtown parking and improvement area pursuant to the provisions of the Parking and Business Improvement Area Law of 1979. The area was designated as the “Ceres Downtown Revitalization Area.” (Ord. 88-708, 1988) ITEM 9
ITEM 9
ITEM 9
ITEM 9

EXHIBIT “D”
Ceres Downtown Revitalization Area Board
Proposed 2022-23 Budget

Revenue

Projected Revenues
$10,700

Expenditure

Proposed Department Expenditures $ 22,650

• Electricity and Gas $ 2,500
• Advertising $ 50 • Contract Services $ 20,000
• Office Supplies $ 50
• Duplicating Supplies $ 25
• Postage $ 25 • Way Finding Signs $ (ARPA)
• Downtown Incentive Prg. $ (ARPA)
• Façade Renovation $ (ARPA)

• Total Proposed 2022-23 CDRAB Budget $ 22,650
• Total Projected 2022-23 Assessment Revenue -$10 ,700 (estimate) • Total Projected 2022-23 Budget Deficit ($)11,950
Cumulative Fund Accounting for FY 2022-23 through actuals from 3rd Qtr. FY 2021-22

• CDRAB Unencumbered Fund Balance as of 6/30/21 $ 79,460 (beginning balance) • Plus projected FY 2021-22 Revenue $12,751 (est.)
• Less projected FY 2021-22 Expenditures -$ 35,855 (est.) • Total projected fund balance as of 6/30/2022 $ 56,356 (est.) Plus project FY2022-23 Revenue $10,700 (est.)
• Less Proposed 2022 - 23 Budget -$ 22,650
• Projected Unencumbered Fund Balance as of 6/30/23 $ 44,466 (est.)

ITEM 9

EXHIBIT F

ITEM 9

STAFF REPORT AND

RECOMMENDATION

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 16, 2022
TO: Ceres Downtown Revitalization Area Board

FROM: Anthony Sims, Economic Development/Redevelopment Manager [email protected], (209) 538-5773
SUBJECT:

Ceres Downtown Revitalization Area Board Annual Report

BACKGROUND
The Ceres Downtown Revitalization Area Board (CDRAB) was created in 1989 under the California Streets and Highways Code Section 36500 as a Parking and Business Improvement District to levy assessments on downtown businesses to fund activities that benefit the downtown revitalization area, including general maintenance and promotional activities.

The rules and regulations for operating a Parking and Business Improvement District (PBID) are established in the California Streets and Highways Code Section 36500.

Section 36501(c) of the same code states:

The Legislature also finds that it is of particular local benefit to allow cities to fund property related improvements and activities through the levy of assessments upon the businesses which benefit from those improvements and activities.

Under Municipal Code Section 3.08.030, revenues generated by the assessment on businesses located in the Downtown Revitalization Area are used to fund programs and activities that benefit businesses located in the district. The Ceres Downtown Revitalization Area utilizes the revenue generated by the assessments which are used for general maintenance of the district, electricity payments for downtown streetlights, tree lighting, and landscape maintenance. Municipal Code Section 3.08.070 provides that the CDRAB gives recommendations, and City Manager shall have sole discretion to expend CDRAB revenues for those activities, projects and programs included in the Annual Plan.

ITEM 9

DISCUSSION
The Annual Report for FY 2022-23 is attached to this report for your review and includes a map of the CDRAB boundaries, legal description of the CDRAB area, and the method for calculating the individual business assessments. The levy and assessments for the CDRAB have not been increased since the PBID was created in 1989, and staff is proposing that the assessment for FY 2022-23 remain the same as FY 2021-22, which is outlined in the attached Exhibit C.

Proposed expenditures in FY 2022-23 are outlined in Exhibit “D” and include standard district landscape maintenance activities, utility bills for Downtown streetlights, and rotation of overhead decorative banners. This proposed budget continues to reflect more austere plans for CDRA activities, based on a more reflective approach to the reduced revenue from actual assessments, an action the Board initiated in FY 2016-17.

Regarding Contract Services, the expenditures consist of $15,000 for landscape services, as well as $3,255 for promotional banner rotations, totaling $18,255. Public Works is in the process of seeking new bids for downtown landscape services. In consideration that landscape services may potentially increase, the total budget for Contract Services was slightly increased to $20,000 to account for potential increases in the landscape services expenditure. The amount of $20,000 was identified as that amount was the largest amount approved in previous years (Approved 20-21 Contract Services Budget was $20,000, EXHIBIT F).

Please note, the proposed budget has temporarily removed allocated funding to support a component of the Ceres Downtown Façade Improvement (DIF) program that was in previous years in place for interested businesses or building owners. The previous year’s funding amount, $5,000, was in unbudgeted funds from the CDRA account, and was allocated to provide the matching funds for the Design Assistance component of the DIF program. In March and April of 2022, City Council has approved the use of American Rescue Plan Act (ARPA) funds in the amount of $100,000 towards downtown business incentives. These funds can temporarily take the place of the funds allocated for the DIF Program. These designated ARPA funds are to be utilized and exhausted by the year 2024. For the annual budget FY 2024-2025, the proposed funding of $5,000 each year for the DIF Program will be brought back to the board.

For FY 2021 – 2022, the annual budget retained the expenditure category that was added to the budget 4 years ago, following input from the CDRAB resulting from public meetings and workshops held in 2014 with the property owners and representatives from the Chamber of Commerce. This category was to continue to serve as a placeholder for the potential new activities that include development of a “way-finding” ITEM 9

sign program and a potential downtown incentive program. These collective recommended budget categories are identified as a positive effort to increase foot traffic downtown and enhance the overall shopping experience. Further, considering the significant impact to the small businesses in downtown Ceres, the City’s anticipated recovery may provide an opportunity to consider formal measures envisioned in some type of “incentive” program. The FY 2021 – 2022 budget allocated $1,000 for Way Finding Sign efforts. The $1,000 amount will be temporarily removed until FY 2024 – 2025. In March and April of 2022, City Council has approved the use of ARPA funds in the amount of $75,000 to implement a Way Finding Sign Program.

For FY 2022-23, the proposed budget accompanying the CDRA Annual Report identifies total expenditures in the amount of $22,650. The proposed revenue from quarterly assessments paid by the downtown merchant members expected in FY 2022- 23, including interest, has been projected to be $10,700. Full expenditure of the proposed FY 2022-23 budget would require coverage in the amount of $11,950 from the approximate $75,160.81 in the CDRA fund reserves.

Budget worksheets have been prepared to assist the Board, which are attached as Exhibits “D” (Proposed Budget FY 2022-23) and “E” (Adopted Budget FY 2021-22) and are summarized below.

Total Proposed 2022-23 CDRAB Budget $ 22,650
Total Projected 2022-23 R
evenues - $10,700 (estimate)
Total Projected 2022-23 Budget Deficit ($)11,950

Cumulative Fund Accounting for FY 2022-23 t
hrough actuals from 3rd Qtr. FY 2021-22

CDRAB Unencumbered Fund Balance as of 6/30/21 $ 79 ,460 (beginning balance)
Plus projected FY2021-22 Revenue $12,751 (est.)
Less projected FY2021 -22 Expenditures -$ 35,855 (est.) Total projected fund balance as of 6/30/2022 $ 56,356 (est.) Plus projected FY 22-23 Revenue $10,700 (est.)
Less P roposed 2022-23 Budget -$ 22,650
Projected Unencumbered Fund Balance as of 6/30/23 $ 44,466 (est.) ITEM 9

RECOMMENDED ACTION

Review the Annual Report and adopt Planning Commission Resolution 2022-01 (CDRAB) Accepting the Annual Report of the Ceres Downtown Revitalization Area Board for the 2022-23 Fiscal Year and Recommending that the City Council Approve the Report and Set a Public Hearing to Consider a Levy of the Proposed Assessments for FY 2022-23.

Attachments: Ceres Downtown Revitalization Area Board (CDRAB) Resolution 2022 - 01 (CDRAB)
Annual Report of the Ceres Downtown Revitalization Area Exhibit A – Boundary Map
Exhibit B – Legal Description
Exhibit C – Method of Calculating Assessment
Exhibit D – CDRAB 2022-23 Proposed Budget
Exhibit E – CDRAB 2021-22 Adopted Budget Summary
Exhibit F – CDRAB 2022 -23 Annual Budget Proposal
*Current year lined up next to previous years

ITEM 9

RESOLUTION NO. 2022 – 01 (CDRAB)

A RESOLUTION ACCEPTING THE ANNUAL REPORT OF THE CERES
DOWNTOWN REVITALIZATION AREA BOARD FOR THE 2022-23 FISCAL YEAR

AND RECOMMENDING CERES CITY COUNCIL APPROVE THE REPORT AND SET

A PUBLIC HEARING TO CONSIDER A LEVY OF THE PROPOSED ASSESSMENTS

CERES DOWNTOWN REVITALIZATION AREA BOARD
Ceres, California

WHEREAS, Chapter 3.08 of the City of Ceres Municipal Code establishes a downtown parking and business improvement area pursuant to the provisions of the Parking and Business Improvement Area Law of 1979, which area was designated as the “Ceres Downtown Revitalization Area” (CDRA); and

WHEREAS, Ceres City Council Resolution No. 1989-18 requires than an Annual Report be prepared and approved by City Council and that a public hearing be held prior to City Council approval of the assessment for the next fiscal year; and

WHEREAS, the Ceres Downtown Revitalization Area Board has reviewed said Report, which includes the proposed CDRA Budget for FY 2022-23, including the proposed business assessments to be established for the 2022-23 fiscal year, and finds said report to be in the best interests of the businesses in downtown Ceres; and,

WHEREAS, the Ceres Downtown Revitalization Area Board has requested that staff prepare a quarterly report detailing the revenues and expenditures of the Ceres Downtown Revitalization Area and provide said quarterly reports to the Board throughout the fiscal year.

NOW, THEREFORE, BE IT RESOLVED by the Ceres Downtown Revitalization Area Board, the Annual Report of the Ceres Downtown Revitalization Area Board a copy of which is on file in the office of the City Clerk of the City of Ceres is hereby accepted, including a recommendation that the FY 2022-23 budget allocation therein to include $10,700 in expenditures allocated from the assessment revenue expected in FY ITEM 9

2022-23, and $11,950 in expenditures, as allocated from CDRA budget fund reserves; and,

BE IT FURTHER RESOLVED by the Ceres Downtown Revitalization Area Board to recommend that the Ceres City Council approve the Annual Report and Budget for fiscal year 2022-23 and a public hearing be set to consider the proposed a levy on the businesses in the improvement area for the 2022-23 fiscal year.

Passed and adopted by the Ceres Downtown Revitalization Area Board at a regular meeting thereof held on the 16th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

__________________________
ATTEST: Laurie Smith, Chairperson

__________________________
Christopher Hoem, Secretary
ITEM 9

CERES DOWNTOWN REVITATLIZATION AREA BOARD
FISCAL YEAR 2022-23 ANNUAL REPORT

ITEM 9

METHOD AND BASE OF LEVYING ASSESSMENT
The assessment for Fiscal Year 2022-23 will replicate the parking and business improvement district assessment as outlined in Exhibit C.

ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 13, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (209) 538-5617
SUBJECT:

Resolution No. 2022- 59, Approve the Electric Vehicle Charging Station License Agreement with the Turlock Irrigation District , and Authorize the City Manager to Execute the Contract.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the Electric Vehicle Charging Station License Agreement (“License Agreement”) between the City of Ceres and the Turlock Irrigation District (“TID”) in order for TID to install, operate and maintain one (1) Dual-port Electric Vehicle (“EV”) Charging Station for public use at the Ceres Community Center Parking Lot (2701 4 th Street, Ceres, California) and authorizing the City Manager to execute the License Agreement.

I. BACKGROUND:

TID is implementing an EV Charging Station program where it will install, operate and maintain EV Charging Stations for public use in approximately ten locations within its electrical service area. The first such location will be located at Ceres Community Center Parking Lot (2701 4 th
Street, Ceres, California).

II. REASONS FOR RECOMMENDATION:

The TID-operated EV Charging Station will be available for public use and will promote the use of electric vehicles. TID will be responsible for the costs of installing, operating, and maintaining the EV Charging Station. The City will not incur any additional expenses in approving the License Agreement.

III. FISCAL IMPACTS:

The City will not be required to contribute any funds towards this project, as TID will be responsible for installation, operation, and maintenance of the EV Charging Station.

IV. POLICY ALTERNATIVES:

ITEM 10
The City Council can choose to direct staff to reject the License Agreement.

V. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VI. PUBLIC PARTICIPATION:

There were no committees or public participation involved in this project.

VII. ENVIRONMENTAL REVIEW:

The project is CEQA Categorical Exemption as per Section 15301(c) Existing Faculties.

VII. STEPS FOLLOWING APPROVAL:

The License Agreement will be transmitted to TID for signature by its authorized representative.

The City Manager will finalize the Agreement with the County and execute the document.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Electric Vehicle Charging Station License Agreement

3. Project Location Map
ITEM 10
RESOLUTION NO. 2022-59

APPROVE THE ELECTRIC VEHICLE CHARGING STATION LICENSE

AGREEMENT WITH THE TURLOCK IRRIGATION DISTRICT AND

AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres Community Center property located at 2701 4th Street, Ceres, California (the “Property”); and,

WHEREAS, the Property consists of a public parking lot for use in connection with City offices and business; and,

WHEREAS, the Turlock Irrigation District (“TID”) desires to install, operate and maintain one (1) Dual -port Electric Vehicle (“EV”) Charging Statio n within the public parking lot portion of the Property as set forth in greater detail in the Electric Vehicle License Agreement between the City and TID; and,

WHEREAS, the City of Ceres will not incur any financial obligation as a result of approving the Electric Vehicle License Agreement; and,

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Counci l of the City of Ceres that the Electric Vehicle License Agreement is approved and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of June 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_______________________________
Javier Lopez, Mayor

ATTEST:

__________________________________
Kellie E. Weaver, Interim City Clerk
ITEM 10

ELECTRIC VEHICLE CHARGING STATION

LICENSE AGREEMENT

This Electric Vehicle Charging Station License Agreement (“Agreement”) is entered into as of the __ day of _______, 2022 (“Agreement Date”) by and between the City of Ceres, a political subdivision of the State of California ("CITY") and the Turlock Irrigation District, a California irrigation district ("TID").

RECITALS

A. CITY is the fee simple owner of certain real property located at 2701 4 th Street,
Ceres, CA, 95307 “Ceres Community Center”;

B. TID is the electrical service provider within TID’s electrical service area and has undertaken to install, operate and maintain various electrical vehicle charging stations.

C. T he parties recognize the mutual benefit of having TID install, maintain and operate electric vehicle recharging stations on the Property and desire to enter into this Agreement for that purpose.

NOW THEREFORE for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, CITY and TID hereby agree as follows:

A G R E E M E N T

1. INCORPORATION OF RECITALS. The Recitals set forth above, and any exhibits referenced herein, are each incorporated into the body of this Agreement as if set forth in full.

2. Grant of License. CITY
grants to TID for the Term of this Agreement: (a) an
exclusive and irrevocable license to use and occupy a portion of the Property as more particularly described on Exhibit A hereto (the “Premises”) for the Purpose, as defined below; and (b) any necessary easements for access and utilities for the Purpose.

3. Purpose. The Premises may be used by TID f
or any lawful activity in connection with
the design, development, construction, installation, maintenance, repair, replacement, removal, security, and operation of electric vehicle chargers and ancillary items, including, without limitation, electrical equipment, hardware, software, signage and all supporting equipment and structures (collectively, the “Charging Station”), together with any other uses permitted herein (“Purpose”), on the terms and conditions set forth in this Agreement.

4. Term & Termination. The term of this Agreement (as extended or renewed from time to time, the “Term”) shall commence on the Agreement Date and terminate five (5) years from the date that the Charging Station is first operational (“Commencement Date”). TID shall send CITY notice of the Commencement Date within thirty (30) days of the Commencement Date.

ITEM 10

5. Renewal . P rovided TID is not in breach of this Agreement, or the Agreement has not been terminated as set forth herein, this Agreement shall automatically renew for successive five (5) year periods under the same terms and conditions.

6. Consideration for License .

CITY acknowledges that TID’s obligation to install,
maintain and operate the Charging Station will provide CITY a benefit to the public which uses and accesses the Property. As such, TID shall not be required to pay CITY any additional consideration for the grant of license contained in this Agreement.

7. Early Termination. This Agreement may be terminated upon thirty (30) days’ written notice to either party without penalty or fee: (a) in the case of TID, at any time prior to the submission of the installation plans for construction of the Charging Station at the Property or in the event that TID determines that the construction or continued operation of the Charging Station is impracticable or uneconomical; and

(b
) in the case of CITY, in the event the Commencement Date has not occurred within fifteen (15) months following the Agreement Date; provided that the foregoing right shall terminate upon the Commencement Date.

8. Termination for Cause. This Agreement may be immediately terminated for cause by either party under either of the following circumstances: (a) the other party breaches or fails to perform any of its obligations in any material respect, and such breach or failure continues uncured for fifteen (15) business days after receipt of written notice; or

(b
) the other party becomes insolvent or proceedings are instituted by or against it under any provision of any federal or state bankruptcy insolvency laws.

9. Maintenance of Premises. CITY shall comply with CITY’s rules, stan d ards and
regulations in maintaining the Premises in a clean, safe, and orderly condition, to at least the same standard as other areas at the Property. CITY shall have no responsibility to maintain TID’s Charging Station or related TID equipment, hardware, software, or signage. CITY shall not retain any ownership rights in the Charging Station and related TID equipment.

10. Installation Activities .
(a) TID shall, at its sole cost and expense, be responsible for all installation activities (the “Installation Activities”) required to support the operation of the Charging Station and services therewith, including furnishing and installing all materials, equipment, and labor required for the installation of the Charging Station. TID may, at any time during the Term and in its discretion modify, including, without limitation, upgrade, replace, and/or remove all or a portion of the Charging Station (collectively, “Modifications”), whether or not said items are considered fixtures and attachments to the Premises. In the event of a substantial and significant Modification to the Charging Station, TID shall provide at least sixty (60) days prior notice to CITY.

(b
) Before beginning any Installation Activities, TID shall provide a copy of the, Charging Station specifications, and installation plans to CITY for its approval, which approval ITEM 10
shall not be unreasonably delayed or withheld. No work will begin until plans have been approved by CITY. With respect to its Installation Activities, TID shall ensure that it or its designated contractor(s) and/or service providers perform Installation Activities only during times and days acceptable to CITY and in a manner so as not to unreasonably interfere with CITY’s business operations.

(c) Upon completion of any Installation Activities under this Agreement, CITY shall not retain any ownership rights of the Charging Station and related equipment, hardware, software, signage, and supporting equipment and structures at the Property.

11. TID Electrical Charges. Unless otherwise agreed by the parties, TI D shall be
responsible for all electrical charges of the Charging Station. CITY shall reasonably cooperate with TID’s efforts regarding the provision of electrical service to the Charging Station. Neither CITY nor TID has any responsibility or liability for interruption, curtailment, failure, or defect in the supply or character of utilities furnished to the Charging Station, unless the cause of the interruption is covered by the party’s indemnity.

12. Charging Services, Operation and Maintenance . T
ID’s network on the Charging
Station shall be accessible to TID’s subscribers, customers, agents, employees, contractors, vendors, guests, and invitees, who shall be charged in amounts reasonably determined by TID, which may change from time to time in TID’s sole discretion.

T
ID shall provide maintenance services to ensure all equipment is properly checked, tested, and activated for safe and proper operation. TID shall not be responsible for enforcement of laws relating to parking or similar codes for the operation of motor vehicles.

13. Access. The Property is a public parki ng l
ot, which shall allow the public
complimentary access to the Premises at all times during the Term of this Agreement, except during times at which the CITY must close the parking lot for general operating hours, maintenance, safety, special events, and other unforeseen reasons in the discretion of the CITY.

The CITY shall use best efforts to notify TID at least forty-eight (48) hours in advance of such a closure. Subject to all other provisions and obligations of this Agreement , TID and its employees, contractors, and vendors may access the Premises and Property to maintain, inspect, repair, upgrade, or replace any portion of the Charging Station.

14. Signage and Striping. Subject to CITY’s prior approval, TI D may paint, place, erect,
or project signage, marks, or advertising devices in, on, about, or around the Premises at TID’s sole cost and subject to applicable laws and regulations. At no time may CITY place any signage on TID’s property. TID shall install electric vehicle parking stall pavement striping and markings per the plans approved by the CITY. All signage and pavement markings must be consistent with industry standards for electric vehicle parking, CITY requirements, and State and Federal guidelines. TID shall furnish and install all materials, equipment, and labor for the Charging Station signage and pavement markings.

15. Promotional Activities . D
uring the Term of the Agreement, the parties may promote the availability of the Charging Station through traditional and/or electronic media, including ITEM 10
providing the address to the Property and a description thereof. No party shall use the other party’s trade or service marks, logos, or other proprietary materials without the prior written consent of the other party.

16. Restoration of Premises. Upon the expiration of the Term, or other termination of this Agreement, TID shall remove the Charging Station and all TID’s other property from the Premises and Property within one hundred twenty (120) days. TID shall return the Premises, and the Property to the extent TID’s work has damaged or altered the Property, to its original condition prior to the execution of this Agreement, reasonable wear and tear excepted. These obligations shall survive the termination of this Agreement and shall not be excused for any reason, including but not limited to termination due to TID’s insolvency.

17. Indemnity . T
his Agreement is made upon the express condition that TID shall indemnify, defend, keep, and save harmless CITY, and its directors, officers, agents, and employees against any and all suits, claims, or actions arising out of any injury or injuries to, or death or deaths of, persons or damage to third party property that may occur, or that may be alleged to have occurred, to the extent caused by TID’s use of the Property and/or Premises or the negligent acts or omissions of TID, its agents, employees or contractors, except where caused by the negligence or willful misconduct of CITY, its employees, contractors, or agents.

18. Insurance. a. Minimum Coverage. TID shall acquire and maintain Workers’ Compensation, commercial general liability, and owned and non-owned and hired automobile liability insurance coverage relating to TID’s use of the Premises. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, shall be as follows:

Insurance Category Minimum Limits

Workers’ Compensation S tatutory minimum

Commercial General Liability $2,000,000 per occurrence and $2,000,000 for bodily injury, personal injury and
property damage

Automobile Liability $2,000,000 per accident for bodily injury and property damage (coverage required to
the extent applicable to TID’s vehicle usage
in performing services herein)

b. Certificates of Insurance and Required Endorsements. Concurrently with the execution of this Agreement, TID shall furnish CITY with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, the following original endorsements:

ITEM 10
(i) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;

(ii) Naming the CITY, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and

(iii) Providing that TID’s insurance coverage shall be primary insurance with respect to CITY, and any insurance or self-insurance maintained by CITY for itself shall be in excess of TID’s insurance and not contributory with it.

c. Umbrella Coverage and Self-Insured Retentions. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY, to the extent required by this Agreement, before the CITY’s insurance or self-insurance may be called upon to protect CITY as a named Insured. All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing a SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named TID/Named Insured or CITY.

19. Representations, Warranties, and Covenants. TI
D and the CITY each hereby
represents and warrants to the other that, as of the Agreement Date: (a) it has all necessary power and authority to execute, deliver, and perform its obligations hereunder; (b) the execution, delivery, and performance of the Agreement have been duly authorized by all necessary actors and none of the Agreement’s provisions violate any term or condition of its governing documents, contracts to which it is a party, or any law, regulation, order, or other applicable legal determination; (c) there is no pending or known threatened litigation or proceeding that may adversely affect its ability to perform the Agreement; (d) it is duly organized and validly existing under the laws of the jurisdiction of its organization; (e) the Agreement constitutes a legal, valid, and binding obligation, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting creditors’ rights and general principle of equity; and (f) at all times during the Term, it will comply with all applicable Federal, State, and local laws, rules, and regulations (including, without limitation, all zoning ordinances and building codes) in performing its obligations under the Agreement.

20. Notice .

Any notice provided or permitted to be given under this Agreement must be in writing and be served either by (i) deposit in the mail, addressed to the party to be notified, postage prepaid, and registered or certified, with a return receipt requested, or (ii) deposit with an internationally-recognized overnight delivery carrier, with notice of delivery to the recipient party. Notice given by registered or certified mail or overnight carrier shall be deemed delivered and effective on the date of delivery shown on the return receipt or proof of receipt. For purposes of notice the addresses of the parties shall be as set forth below. Each party may change its address for notice by giving notice thereof to the other party.

ITEM 10
If to City: City of Ceres
Attn: Alex Terrazas
2220 Magnolia Street
Ceres, CA 95307

If to TID: Turlock Irrigation District
Attn: Josh Weimer
P.O. Box 949
Turlock, CA 95381

21. Property Rights; Assignment. This Agreement is binding on and inures to the benefit of the parties and their respective heirs, successors, assigns, and personal representatives. In the event the Premises is transferred, or CITY ceases to have the requisite level of control over the Premises necessary to fulfill its obligations under this Agreement (each, a “Transfer Event”), CITY shall assign its rights and obligations under this Agreement to the person or entity which would be able to comply with CITY’s obligations following such Transfer Event. Further, CITY agrees that any such Transfer Event shall not affect, terminate, or disturb TID's right to use of the Premises under the terms of this Agreement or any of TID's other rights under this Agreement, so long as TID is not then in default under any of the terms, covenants, or conditions of this Agreement.

22. Casualty and Condemnation. If any portion of the Property is damaged by fire or other casualty in a manner that adversely affects TID’s use of the Premises, then either party may, within thirty (30) days of the date of such fire or other casualty, elect to terminate the Agreement by written notice to the other party. If any portion of the Property is condemned or taken in any manner for a public or quasi-public use that could adversely affect TID’s use of the Premises, then TID may elect to terminate the Agreement effective as of the date title to the condemned portion of the Property is transferred to the condemning authority.

23. No Agency Re la
tionship. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, fiduciary, or agency relationship between the parties for any purpose, and the employees of one party shall not be deemed to be the employees of the other party. Except as otherwise stated in this Agreement, neither party has any right to act on behalf of the other, nor represent that it has such right or authority.

24. Validity .

The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. The Agreement shall be construed and deemed reformed to the extent necessary to render valid such term and the rights and obligations of the parties shall be enforced accordingly.

25. Governing Law .

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without giving effect to conflict of law rules. Venue shall be in Stanislaus County, State of California.

ITEM 10

26. No Waiver . No waiver by CITY or TID of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by CITY or TID of the same or any other provision. CITY’s consent to, or approval of any act shall not be deemed to render unnecessary the obtaining of CITY’s consent to or approval of any subsequent act by TID.

27. Remedies. The rights and remedies provided by this Agreement are cumulative, and the use of any right or remedy by any party does not preclude or waive its right to use any or all other remedies. These rights and remedies are given in addition to any other rights a party may have under any applicable law, in equity or otherwise.

28. Force Majeure. Neither party is responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes beyond the party’s control.

29. No Third- P
arty Beneficiaries. This Agreement does not confer any rights or remedies on any person other than the parties and their respective successors and permitted assigns.

30. Integration; Amendments .

This Agreement contains all agreements, promises, and
understandings between the parties, and there are no verbal or oral agreements, promises, or understandings between the parties. Any amendment, modification, or other change to this Agreement shall be ineffective unless made in a writing signed by the parties hereto.

31. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all the parties had signed the same document.

32. Construction. All documents or items attached to, or referred in, this Agreement are incorporated into this Agreement as fully as if stated within the body of this Agreement. Each party has cooperated in the drafting, negotiation, and preparation of this Agreement and nothing herein shall be construed against either party on the basis of that party being the drafter of such language.

33. Recording of Agreement. TID ma
y record this Agreement with the Stanislaus County
Recorder.

I
N WITNESS WHEREOF, this Agreement is executed to be effective as of the date first set forth above.

CITY OF CERES, a political subdivision
Of the State of California:

By:______________________________________

ITEM 10

TURLOCK IRRIGATION DISTRICT, a
California irrigation district:

By:_________________________________

ITEM 10
ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 13, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Kevin Wise, Assistant Fire Chief
[email protected], (209) 857-6471
SUBJECT:

Resolution No. 2022-60, authorizing the City Manager to execute a Memorandum of Understanding for service between the City of Ceres, the City of Modesto, the City of Turlock, and the Stanislaus Consolidated Fire Protection District.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt the resolution authorizing the City Manager to execute a Memorandum of Understanding for service between the City of Ceres, the City of Modesto, the City of Turlock, and the Stanislaus Consolidated Fire Protection District for Fire Department training services.

I. BACKGROUND:

In June of 2019, the City of Ceres entered into a partnership with the City of Modesto, the Stanislaus Consolidated Fire Protection District, and the Salida Fire Protection District for a joint training division to provide valuable training for firefighters. Each agency contributed to the joint training division with staff, training props, specialized equipment for training, and containers that were designed for training. The City of Ceres contributed Station 17 to the partnership, which was once staffed as a fire station but was closed in 2018. The other agencies in the agreement provide staffing and training props along with administrative oversite.

The Joint Training Division is responsible for the ongoing training of all operational personnel.

With the numerous requirements placed upon the fire service today by the many regulatory agencies, (National Fire Protection Association (NFPA), Occupational Safety and Health Administration (OSHA), American National Standards Institute (ANSI), California Code of Regulations (CCR), ISO – (Insurance Service Office) and Regional EMS), the Training Division coordinates the training needed to comply with established regulations. The Training Division is responsible for the administrative record keeping for job-related certifications and for the California Firefighter Joint Apprenticeship Training program (CAL-JAC).

ITEM 11
The partnership that began three years ago has proven to be very successful in meeting its goal of providing high-quality training for our firefighters which has included three fire academies and the ongoing training needed for all -risk firefighting. This new agreement will include the City of Turlock which will provide a Division Chief of Training to the Training Division along with us e of their training facility. The new agreement will be for five years.

II. REASONS FOR RECOMMENDATION:

Through this partnership firefighters that serve the City of Ceres and other communities in Stanislaus County will receive the needed training to provide a high- quality service to each of these jurisdictions in the most effective and efficient means possible. Prior to this partnership Station 17 was closed and essentially became a storage yard for the city. This is an excellent use of the facility by allowing our firefighters to have a place to train both on the simulated fire grounds and in the classroom.

III. FISCAL IMPACTS:

Costs to the city include ongoing maintenance and utility cost.

IV. EXISTING POLICY / RELATIONSHIP TO 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, properly equipped, and sufficient staff who partners with other public agencies to provide efficient services.

V. POLICY ALTERNATIVES:

Currently, there are no policy alternatives to this agreement.

XI.

STEPS FOLLOWING APPROVAL:

The City Manager will execute the MOU and the Fire Deputy Chief will gather signatures from the parties participating in the agreement.

Approved by: ______________________________
Alex Terrazas, Interim City Manager
Attachments:

1. Resolution

2. MOU
ITEM 11
RESOLUTION NO. 2022-60

AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM

OF UNDERSTANDING FOR SERVICE BETWEEN THE CITY OF

CERES, THE CITY OF MODESTO, THE CITY OF TURLOCK, AND THE STANISLAUS CONSOLIDATED FIRE PROTECTION DISTRICT.

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres contracts for fire protection services with the Modesto Fire Department which is an all -risk fire department that responds to multiple types of emergency incidents and requires firefighters to be well trained and proficient in all types of emergencies; and

WHEREAS, a partnership between the City of Ceres, Modesto Fire Department, Stanislaus Consolidated Fire Protection District, and the City of Turlock, will provide training staff, equipment, and facilities to meet the training needs of the agencies and better serve the communities; and

WHEREAS, the Joint Training Division will be responsible for the ongoing training of all operational personnel; and

WHEREAS, the Modesto Fire Department will provide administrative oversight of the training division and will provide two (2) forty -hour training officers, along with administrative support from a part-time administrative assistant; and

WHEREAS, the City of Ceres will provide the facility for the Joint Training Division, utilizing the existing unstaffed Fire Station No. 17 on Service Road; and

WHEREAS, the City of Turlock will provide one (1) forty-hour Division Chief and the use of their training facility located at 701 South Walnut Ave. in Turlock; and

WHEREAS, the Stanislaus Consolidated Fire Protection District will provide one (1) forty -hour training officer and additional administrative support when deemed necessary; and

WHEREAS, Fire Station No. 17, located on Service R oad, will be the location of the Joint Training Division.

ITEM 11
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to execute a Memorandum of Understanding for service between the City of Ceres, the City of Modesto, The City of Turlock, and the Stanislaus Consolidated Fire Protection District , and direct the City Manager to finalize and execute the Memorandum of Understanding with each of the entities.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie E. Weaver, Interim City Clerk

ITEM 11
1 MEMORANDUM OF UNDERSTANDING FOR FIRE

DEPARTMENT TRAINING SERVICES BETWEEN THE CITIES

OF MODESTO, TURLOCK, AND CERES AND THE

STANISLAUS CONSOLIDATED FIRE PROTECTION DISTRICT

This Memorandum of Understanding for Training Services (“MOU”) is entered into as of July 1, 2022, by and between the City of Modesto, a municipal corporation (“MODESTO”), the City of Ceres, a municipal corporation (“CERES”), the City of Turlock, a municipal corporation (“TURLOCK”) and the Stanislaus Consolidated Fire Protection District, a California special district (“STANISLAUS CONSOLIDATED”) (collectively, the “Parties”).

RECITALS

WHEREAS, MODESTO, CERES, TURLOCK, and STANISLAUS
CONSOLIDATED desire to enter into an agreement to share Fire Department training services and costs; and

WHEREAS, the Parties believe that this is a prudent and cost-efficient way to deliver important public safety services in an improved manner; and

WHEREAS, the Parties are entering into this Memorandum of Understanding (“MOU”) as authorized pursuant to California Government Code Sections 54980, et seq.; and

WHEREAS, each Party will continue to be governed by their currently designated governing authority.

NOW, THEREFORE, the Parties agree as follows:

1. Scope of Services. The positions identified below (“Designated Fire Department Positions”) shall deliver the services more particularly described below:

(a) Training Division

(1) The shared Training Division will consist of the following personnel assigned from MODESTO, TURLOCK and
STANISLAUS CONSOLIDATED:

(i) MODESTO shall provide administrative oversight to
the training division and dedicate a minimum of two
(2) forty (40) hour Training Officers.

(ii) TURLOCK shall provide a Division Chief to the
Training Division at a minimum of forty (40) hours
per week.

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2 (iii) STANISLAUS CONSOLIDATED shall provide one
(1) Training Officer to the Training Division at a
minimum of (40) hours per week.

(b) Training Facilities

(1) CERES will provide the facility and grounds located at Fire Station No. 17 as the training facility.

(2) TURLOCK will provide access to the facility and drill grounds located at 701 South Walnut.

(3) Refer to Exhibit A for a detailed list of contributions that each party shall contribute.

(1) MODESTO will provide a part -time Administrative Assistant that will provide administrative support to the Training Division.

The Modesto Administrative Assistant may be assigned to other duties as needed to assist in the administrative support of MODESTO.

(2) STANISLAUS CONSOLIDATED will provide part -time
additional administrative support to the trainin g division when deemed necessary.

(d) Training Committee

(1) MODESTO, TURLOCK, and STANISLAUS
CONSOLIDATED will establish a Training Committee that will meet on a monthly basis to ensure that the mission, vision and goals of the Training Division are being met. Each party will assign one (1) representative to serve on the committee. Each meeting will be agendized and meeting minutes will be kept and distributed to each agency.

2. Regulations and Policies. MODESTO, CERES, TURLOCK, and STANISLAUS CONSOLIDATED will provide the assigned training personnel with all necessary regulations, policies, procedures, manuals, and other information, as well as incidental materials and supplies, work area, computer access, telephone, and other standard provisions as required to perform the services called for by this MOU.

3. Employment of Personnel. Assigned Training Division e mployees of MODESTO, TURLOCK, and STANISLAUS CONSOLIDATED working in their Designated Fire Department Positions shall remain employed with their current employer of record , and shall not be considered to be employees of any other Party to this MOU, unless a separate agreement is reached.

ITEM 11
3 4. Litigation Support. The Parties will make the D esignated F ire D epartment Positions available to testify in any litigation or administrative proceeding brought regarding work performed under this MOU.

5. Initial Term of the MOU . The term of this MOU shal l be for a period of five (5) years, to commence on July 1, 2022, and continue until June 30, 2027.

6. Extension of Term. This MOU may, by resolution of all parties, be extended for an additional two (2) year increment, if all parties agree, no later than June 30, 2026.

7. Termination or Withdrawal. At any time and without cause, any Party may terminate its participation in this MOU by giving at least six (6) months’ advance written notice to the other Parties.

8. Indemnification. The Parties to this MOU agree to defend, hold harmless, and indemnify the other Parties, and their elected and appointed officials, employees, and agents, from any and all claims for injuries or damage to persons or property caused by the indemnifying party’s performance or failure to perform under this MOU.

9. Insurance. Each party shall secure and maintain, at its sole expense, appropriate insurance coverage, including workers’ compensation coverage, throughout the term of this Agreement. Prior to the effective date of the Agreement and subsequently upon the request of the other party, each party shall provide evidence of insurance coverage or satisfactory statements of self -insurance meeting the requirements specified below:

(a) Commercial General Liability Insurance, insurance with a m inimum limit of liability per occurrence of Two Million Dollars ($2,000,000) for bodily injury and pr operty damage. If Comm ercial General Liability Insurance or other forms of insurance with a genera l aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate o f insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independ ent consultants and subcontractors; products and completed operations as applicable.

(b) Automobile Liability Insurance, with a minimum limit of liability per occurrence of One Million Dollars ($1,000,000) for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.

(c) Workers Compensation in at least the minimum statutory limits. With respect to Workers Compensation coverage, the party employing the Designated Fire Department Position will provide Workers ITEM 11
4 Compensation coverage for any injuries sustained in the normal course and scope of the Designated Fire Department Positions’ performance of services.

(d) General provisions for all insurance. All insurance shall:

(1) Be endorsed to include the other parties, its elected and appointed directors, officials, officers, employees, volunteers and agents, as additional insureds with respect to this MOU and its performance. The coverage shall contain no spec ial limitations on the scope of its protection to the above - designated insureds.

(2) Be primary with respect to any insurance or self-insurance programs of other Parties, their elected and appointed
officials, employees, and agents.

(3) Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a
certificate of insurance.

(4) No changes in insurance may be made without the written approval of all parties’ general counsel’s offices. No changes in insurance may be made without the written approval of all parties’ general counsel’s offices.

10. Mediation. Should any dispute arise out of this MOU, any party may request that it be submitted to mediation. The involved Parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the involved Parties; in the absence of an agreement, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfolded” process. The cost of mediation shall be borne equally by all involved Parties.

No party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall not last more than sixty (60) days, unless the sixty (60) day period is extended in writing by the Parties.

11. Costs and Attorney Fees. Attorney fees shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any legal action or actions to enforce the provisions of this MOU.

12. Intent. The Parties intend to continue to explore efficiencies and commit to pursue further collaborations.

ITEM 11
5 13. Severability. If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining pr ovisions of this MOU shall continue in full force and effect.

14. Not a Joint Venture or Joint Powers Authority. The Parties intend by this MOU to establish only a MOU for shared training services, and do not intend to create a joint powers authority, partnership, joint venture, or joint e nterprise of any kind. No Party to this MOU has the authority to act on behalf of any other Party or bind any other Party to any obligation.

15. No Third Party Beneficiary. This MOU is only for the benefit of the Parties and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.

16. Notices. All notices, demands, requests, and other communications required or permitted under this MOU between the Parties shall be in writing and:

a) Sent by United States Certified Mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the United States mail, or

b) Sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with that courier, or

c) Sent by telecopy or similar means if a copy of the notice is also sent by United States Certified Mail; in which case notice shall be deemed delivered on transmittal by telecopier or other similar means, provided that a transmission report is generated that reflects the accurate transmission of the notice(s) as follows:

Notice to City of Ceres must be addressed as follows:

City of Ceres
Attn: City Manager
2220 Magnolia Street
Ceres, CA. 95307

And copy to:

City of Ceres
Attn: City Clerk
2220 Magnolia Street
Ceres, CA 95307
ITEM 11
6 City of Modesto must be addressed as follows:

City of Modesto
Attn: City Manager
PO Box 642
Modesto, CA 95354

And copy to:

Modesto Fire Department
Attn: Fire Chief
600 11
th Street
Modesto, CA 95354

City of Turlock must be addressed as follows:

City of Turlock
Attn: City Manager
156 S Broadway
Turlock, CA 95380

And copy to:

Turlock Fire Department
244 N Broadway
Turlock, CA 95380

Stanislaus Consolidated Fire Protection District must be addressed as follows:

Stanislaus Consolidated Fire Protection District
Attn. Fire Chief
3324 Topeka Street
Riverbank, CA 95367

And copy to:

Law Offices of Best Best & Krieger
Attn. Christopher Diaz
2001 North Main Street, Ste. 390
Walnut Creek, CA 94596

17. Waiver. No failure on the part of any party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that any party may have hereunder, nor does waiver of a breach or default under this MOU constitutes a continuing waiver of a subsequent breach of the same or any other provision of this MOU.

ITEM 11
7 18. Amendment. No modification, waiver, mutual termination, or amendment of this MOU is effective unless made in writing and signed by all Parties.

19. G overning Law. This MOU, regardless of where executed, shall be Governed by and construed according to the laws of the State of California.

20. V
enue . Venue for any action regarding this MOU shall be in the Superior Court of the County of Stanislaus.

21. Authority to Enter into MOU. Each party warrants that the individuals who have signed this MOU have the legal power, right, and authority to make this MOU and to bind each respective party.

22. E
ntire MOU . This MOU consists of eight (8 ) pages and constitutes the complete and exclusive Statement of the MOU among the Parties. No terms, conditions, understandings or agreements purporting to modify or

vary this MOU, unless hereafter are made in writing and signed by each party to be bound, shall be binding on any of the Parties.

23. Counterparts. This MOU may be executed in duplicate originals, each which shall be deemed an original, but all of which together shall constitute one and the same instrument.IN WITNESS WHEREOF, this Parties have executed this Agreement with the intent to be bound thereby as of the Agreement Effective Date.

City of Ceres A
pproved to Form:

Dated: _______________

_____________________
Alex Terrazas, City Manager

City of Modesto A
pproved to Form:

Dated: ________________

________________________
Alan Ernst, Fire Chief

City of Turlock A
pproved to Form:

Dated: __________________

_______________________
Chris Jelinek, Deputy Fire Chief

ITEM 11
8 Stanislaus Consolidated Fire Protection District Approved to Form:

Dated: ___________________

_________________________
Tim Tietjen, Deputy Chief

ITEM 11
9 EXHIBIT A

MODESTO /CERES/SALIDA/TURLOCK TRAINING PARTNERSHIP
Ceres contributions:

Fire Station 17
Grounds
Offices
Classroom
All living areas (kitchen, bedrooms, showers)
Gym
Apparatus bays
Shed
Existing props
Facility maintenance
Utilities (electricity, gas, water)

Modesto contributions:

Training staff (minimum of two (2) 40-hour training officers and one (1) part-time administrative positon)
Target Solutions administration
Company evolution scheduling/involvement
Training props
Facility equipment (tables, desks, computers, copiers, printers, etc.) Training equipment/supplies management (Ceres and Modesto funded) Subject matter experts
State certified instructors

Turlock contributions:

Training staff one (1) person assigned to a minimum of 40 hours per week.

Training Drill grounds and classroom

Stanislaus contributions:

Training staff (1) 40 hour training officer
Additional Administrative Support when deemed necessary State certified instructors
Subject matter experts

ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Open, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 13, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Richard Collins, Chief of Police
[email protected], (209) 538-5725
SUBJECT:

Resolution No. 2022- 61, approving the use of ARPA funds to purchase three (3) Speed Trailers and authorizing staff to move forward with the purchase.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the use of ARPA funds to purchase three (3) Speed Trailers to be used by the Traffic Unit.

I. BACKGROUND:

On April 11, 2022, the City Council approved a mid- year budget amendment which included the approval of the use of ARPA funds for various projects at the Police Department. One of those projects is to purchase three (3) additional Speed Trailers for the Traffic Unit.

The Police Department currently has two (2) Speed Trailers that were purchased approximately ten (10) years ago with Safe Schools for Kids Grant money. Both trailers are now obsolete due to the unavailability of parts and lack of service to maintain or repair them.

II. REASONS FOR RECOMMENDATION:

Numerous studies have shown the benefits of using speed signs and trailers to slow and maintain posted traffic speeds. In addition, the portability of these trailers allows for rapid deployment into problem areas, or areas needing special attention due to accidents, construction, special events or school zones.

At least one (1) of our speed trailers is in constant use in various neighborhoods around the City of Ceres. Many times, both have been deployed due to online requests submitted by citizens who are concerned with speeding cars in their neighborhoods.

ITEM 12
Having three (3) additional trailers would allow our Traffic Unit to provide greater service to the Ceres community and respond to more online requests for a speed trailer.

While our current two (2) trailers are still in use, should one or both need repairs or service, they would become unusable. In addition, technology has changed over the past decade, resulting in the need for more state-of-the-art equipment to keep our department current and relevant.

In addition to Council’s approval of this project at the April 11, 2022 meeting, a specific resolution authorizing the expenditure is required.

III. FISCAL IMPACTS:

None. The cost to purchase three (3) Speed Trailers has been quoted to us by Applied Concepts, Inc/Stalker Radar. for a total of $27, 310.50. Council approved the use of up to $5 0,000.00 in ARPA funds for this project per Resolution 2022-31. This is a one-time purchase and will have no residual, on-going costs to the department.

IV. POLICY ALTERNATIVES:

Council could choose to not approve the purchase of these Speed Trailers resulting in the Traffic Unit continuing to use the obsolete trailers.

V. STEPS FOLLOWING APPROVAL:

Upon City Council approval staff will make the necessary purchase of the Speed Trailers.

Approved by: ________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Quote from Applied Concepts, Inc./Stalker Radar

3. Sole Source Letter from Applied Concepts, Inc./Stalker Radar ITEM 12

RESOLUTION NO. 2022-61

APPROVING THE USE OF ARPA FUNDS TO PURCHASE THREE (3) SPEED

TRAILERS AND AUTHORIZING STAFF TO MOVE FORWARD WITH THE

PURCHASE

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council approved a mid-year budget which included the use of ARPA funds for various projects at the Police Department, including the purchase of Speed Trailers for the Police Department Traffic Unit; and,

WHEREAS, the two (2) S peed Trailers currently in use are over a decade old and have become obsolete; and,

WHEREAS, the purchase of these Speed Trailers will have no fiscal impact on the City,

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ceres does hereby approve the use of ARPA funds to purchase three (3) Speed Trailers and authorizes staff to move forward with the purchase.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13th day of June 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Kellie E. Weaver, Interim City Clerk

ITEM 12
5TA1XERracir QUOTE
2061714
applied concepts, inc.

Page 1 of 1 ends

E. Collins Blvd National Toll Free: 1- 800- STALKER Date: 05/ 10/ 22 Richardson, TX 75081
Phone: 972- 398- 3780 Nancy Rodriguez Brian Wong
Fax: 972- 398- 3781 Inside Sales Partner: + 1- 972- 801- 4856 Reg Sales Mgr: + 1- 310- 429- 0519 nancy@a- concepts. com brianw@a- concepts. com
Effective From : 04/ 26/ 2022 Valid Through: 06/ 30/ 2022 Lead Time: 32 working days Bill To: Customer ID: 011971 Ship To: UPSFreight LTL( 3- 5 Days) City of Ceres Ceres Police Dept
2720 2nd St Accounts Payable 2727 3rd St Officer Freddie Ortiz Ceres, CA 95307- 3216 Ceres, CA 95307- 3219
Grp Qty Package Description Wrnty/ Mo Price Ext Price
1 3 821- 0310- 00
1Stalker
SAM- R Trailer 24 8, 900. 00 $ 26, 700. 00
Ln Qty Part Number Description Price Ext Price
1 3 015- 2532- 61 [ 253261] SAM- R Trailer, Rotatable w/ Speed Sign 0. 00 2 3 200- 1229- 00 [ 412466] Traffic Stats Sensor, 2- Comm Ports, USB, Open 0. 00 3 3 015- 2354- 39 SAM- R Trailer Solar Panel 0. 00
4 3 015- 2328- 62 [ 232862] Red LED Light Bar- SAM/ SAM- R 0. 00 5 3 015- 2354- 40 [ 235440] Blue LED Light Bar- SAM/ SAM- R 0. 00 6 3 015- 5603- 00 [ 275565] Trailer Wheel Lock 0. 00 7 3 200- 1173- 00 Traffic Analyst App, Thumb Drive, Manual 0. 00 8 3 200- 1448- 00 SAM/ SAM- R Trailer User Manual Kit w/ USB Cable 0. 00 9 3 006- 0569- 00 Certificate of Accuracy, Speed Sensor II 0. 00 10 3 060- 1000- 24 24- Month Warranty 0. 00
Group Total $ 26, 700. 00
Product 26, 700. 00 Sub- Total: 25, 200. 00
Discount 1, 500. 00 1, 500. 00 Sales Tax 8. 375% $ 2, 110. 50 Shipping & Handling: 0. 00
Payment Terms: Net 30 days Total: USD 27, 310. 50
ooi
NASPO California State Contract# 7- 20- 70- 45- 04
Pricing Includes Promo Discount Of$ 500 Off Each Trailer This Quoteor PurchaseOrder is subject in all respectsto the Terms and Conditionsdetailed at the back of this document. These Terms and Conditions contain limitations of liability, waivers of liability even for our own negligence, and indemnification provisions, all of which may affect your rights. Please review these Terms and Conditions carefully before proceeding.

ITEM 12
STALKEi? '
Sole Source for STALKER SAM/ SAM- R ( Speed Awareness Monitor) Trailers And Stalker MC360 ( Message Center) Trailers
Stalker Radar is the sole source supplier for the Speed Awareness Monitor ( SAM & SAM- R) and the Message Center 360 ( MC360) trailers for Law Enforcement. All three trailers are manufactured by Hill and Smith, Inc. ( formally Precision Solar Controls) located in Garland, Texas.

Stalker Radar includes major enhancements to the basic components, which create a customized version of the manufacturer' s base trailers. Our speed sensor radar is incorporated to increase the capabilities, with optional Traffic Analyst Software and Easy Analyst software packages.

Respectfully Submitted,
ISO 9001: 2015
Certified
5/
140 & ital. t4)
Jan Achilles
Sales Administrator
applied concepts, inc.

StalkerRadar. corn Registered to ISO 9001: 2008
855 East Collins Boulevard Richardson, Texas 75081 972. 398. 3780 1- 800- STALKER Fax: 972 398. 3781 006- 5031- 00 Rev A 7/ 9/ 2020
ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: June 13, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Community Development Director [email protected], (209) 538-5778
SUBJECT:

Resolution No. 2022-62, Approving the Improvement Agreement and Recordation of the Subdivision Map for the Northeast Corner of Hatch & Herndon development.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the Improvement Agreement and recordation of the Subdivision Map for the Northeast Corner of Hatch & Herndon development.

I. BACKGROUND:

The project consists of a subdivision of 9.02 acres into six (6) commercial zoned parcels at 1351 Hatch Rd. The Vesting Tentative Subdivision Map was approved by the City of Ceres Planning Commission on October 21, 2021. After approval of the Improvement Agreement and recordation of the final map, the project improvements will continue.

II. REASONS FOR RECOMMENDATION:

The Improvement Agreement is in a form approved by the City Attorney. The Improvement Agreement obligates the Developer to construct improvements as presented on the improvement plans and project’s Tentative Map conditions of approval. The agreement specifies public improvement securities that the Developer must provide including specific amounts and the duration. The agreement provides indemnification to the City by the Developer and requires the Developer to maintain various insurance coverages. The Hatch & Herndon Subdivision Map is ready for recordation, and it is in substantial conformance to the approved Vesting Tentative Subdivision Map and the project’s conditions of approval. The requirements for the filing and recordation of the Subdivision Map have been met.

ITEM 13
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, inspection, fees, and incidental expenses. The securities are based on the Engineer’s Estimate of $236,360.00 for the value of improvements to be constructed in the public right of way and within public utility easements for the Hatch & Herndon Subdivision.

IV. INTERDEPARTMENTAL COORDINATION:

This project was coordinated with the Engineering Services Department. Upon acceptance of this work, the Public Works Street Department will provide ongoing regular maintenance of the public improvements.

V. ENVIRONMENTAL REVIEW:

All environmental documents have been completed.

VI. STEPS FOLLOWING APPROVAL:

The City will coordinate with the Stanislaus County Recorder’s Office for the recordation of the subdivision map.

Approved by: _______________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Improvement Agreement

3. Subdivision Map
ITEM 13
RESOLUTION NO. 2022-62

RESOLUTION APPROVING THE IMPROVEMENT AGREEMENT AND

RECORDATION OF THE SUBDIVISION MAP FOR THE NORTHEASET
CORNER OF HATCH AND HERNDON.

THE CITY COUNCIL
City of Ceres

WHEREAS, the Evergreen-Hatch & Herndon, L.L.C., an Arizona Limited Liability Company (DEVELOPER) owns the land situated in the City of Ceres, consisting of 9.02 acres, known as the Hatch & Herndon Parcel Map; and

WHEREAS, the Vesting Tentative Subdivision Map was approved by the City of Ceres Planning Commission on October 21, 2021 with conditions of approval as noted in the PC Resolution 21-20 VTSM; and

WHEREAS, the City of Ceres Secretary of the Planning Commission and the City Engineer have certified that the Hatch & Herndon Parcel 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 Hatch & Herndon Parcel Map meets the provisions of California Subdivision Map Act and the provisions of the Ceres 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 City Council of the City of Ceres that it hereby approves the Hatch & Herndon Parcel 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 13

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_______________________________
Javier Lopez, Mayor

ATTEST:

__________________________________
Kellie E. Weaver, Interim City Clerk

Resolution 2022-62
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ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL

Public Hearing to Consider Resolution No. 2022- 63, Approving the Engineer’s Annual Report, Confirming the Assessment and Ordering the Levy for the 1987 Landscape and Lighting District for Fiscal Year 2022-2023.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council conduct the Public Hearing and approve the resolution adopting the annual report, confirming the assessment, and ordering the levy for the 1987 Landscape and Lighting District for fiscal year 2022/23.

BACKGROUND:

Each year, per Streets and Highway Code Section 22621, the City needs to reset the assessments for the Landscaping and Lighting District. The City Council has adopted a resolution determining to undertake the proceedings and now must approve the Report, Confirm the Assessment and Diagram, Levy the Assessment, Order the Levy and Certify that the levy of assessments is in compliance with Proposition 218.

II. REASONS FOR RECOMMENDATION:

To continue collecting the Landscape and Lighting District assessments, the City must complete this process. This is the final action to adopt the assessments. The process must be completed by this date to allow ample time to process the paperwork necessary for the Assessor to place the assessments against the properties. Stanislaus County requires each agency that wants an assessment placed on the tax rolls to certify that the assessment complies with the applicable laws and Proposition 218. All of 1987 Landscape and Lighting District assessments are exempt from Proposition 218, as they have only been adjusted based on an inflation rate voted on by the property owners.

ITEM 14
The 2022 /23 Engineers Report for the 1987 Landscape and Lighting District is attached for Council’s approval. A detailed listing of individual assessments has been filed separately with the City Clerk due to its length.

III. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This is in compliance with the first item of the Strategic Plan providing adequate infrastructure.

IV. FISCAL IMPACTS:

If the Resolution is not adopted, the City will not be able to collect the assessments during the 2022/23 fiscal year.

V. STEPS FOLLOWING APPROVAL:

Upon Council approval a copy of this Resolution and Assessment will be delivered to the Auditor- Controller of Stanislaus County.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. 2022/23 Engineer’s Report
ITEM 14

RESOLUTION NO. 2022-63

RESOLUTION APPROVING THE ENGINEER’S ANNUAL REPORT,
CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR THE 1987 LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2022/23.

THE CITY COUNCIL
City of Ceres

WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, (The “Act”) to establish the City’s 1987 Landscape and Lighting District (the “Assessment District”); and

WHEREAS, t he City has retained NBS for t he purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report; and

WHEREAS, NBS has prepared and filed such Annual Report with the City Clerk; and
WHEREAS, the Council has reviewed such Annual Report contents, and

WHEREAS, the Council has, by previous resolution, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District, and notice of such Public Hearing was duly given in accordance with Section 22626 of the Act; and

WHEREAS, the Council has conducted such Public Hearing and considered all objections to the assessment.

NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED, AND
ORDERED BY THE COUNCIL, AS FOLLOWS:

1. Approval of Report: Th e Council hereby approves the Annual Report concerning the levy of assessments as submitted by NBS and reviewed by the Council for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

2. Confirmation of Assessment and Diagram: The Council her eby confirms the assessment and the diagram as is described in full detail in the Annual Report.

3. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

4. Ordering of the Levy: The Council hereby orders NBS to prepare and submit the levy of assessments to Stanislaus County for placement on the Fiscal Year 2022/23 secured property tax roll.

5. Compliance with Pr oposition 218: The Council certifies that the levy of assessments within the Assessment District are in compliance with the applicable laws and in compliance with Proposition 218 and directs that a certified copy of this Resolution shall be delivered to t he Auditor-Controller of Stanislaus County.

ITEM 14

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Co uncil Members:

ABSTAINED: Co uncil Members:

_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Kellie E. Weaver, Interim City Clerk

Resolution 2022-63

ITEM 14

nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

Engineer’s Report For: Fiscal Year 2022/23
1987 Landscaping and Lighting District
April 2022

ITEM 14

TABLE OF CONTENTS

Engineer’s Letter ............................................................................................................. 1 Plans and Specifications .................................................................................................. 3

2.1 Description of the Boundaries .................................................................................. 3

2.2 Description of Improvements and Services .............................................................. 3 Estimate of Costs ............................................................................................................ 4

3.1 Street Lighting Budget .............................................................................................. 4

3.2 Right-of-Way Landscaping Budget............................................................................ 4

3.3 Westpointe Median Maintenance Budget ............................................................... 4

3.4 Brown Median Maintenance Budget........................................................................ 5

3.5 Brown Park Maintenance Budget (Ryno Park) ......................................................... 5

3.6 Darrah Street Landscaping Budget ........................................................................... 5

3.7 Davante Landscaping Budget ................................................................................... 6

3.8 Eastgate Landscaping Budget ................................................................................... 6

3.9 Overhead/Contingency Budget ................................................................................ 6 Assessments ................................................................................................................... 7

4.1 Method of Apportionment ....................................................................................... 7

4.2 Street Lighting Methodology .................................................................................... 8

4.3 Right-of-Way Landscaping Methodology ............................................................... 11

4.4 Westpointe Median Landscaping Methodology .................................................... 12

4.5 Brown Median Landscaping Methodology ............................................................. 13

4.6 Brown Park Maintenance Methodology ................................................................ 14

4.7 Darrah Street Landscaping Methodology ............................................................... 15 ITEM 14

4.8 Davante Landscaping Methodology ....................................................................... 15

4.9 Eastgate Landscaping Methodology ....................................................................... 16

4.10 Overhead/Contingency Charge Methodology ........................................................ 16 Appendix A - Assessment Diagrams ..................................................................................... 17 Appendix B - Assessment Roll .............................................................................................. 18 Appendix C - Annexations .................................................................................................... 19

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 1 ENGINEER’S LETTER
WHEREAS, on July 27, 1987, the City Council (the “Council”) of the City of Ceres (the “City”), California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (the “Act”) adopted Resolution Number 87-125, forming the 1987 Landscaping and Lighting District (the “District”) for the construction and installation of the improvements, and the maintenance and servicing, of landscape maintenance, street lighting, graffiti removal, and street tree maintenance; and WHEREAS, the Ceres Municipal Code requires that sub-dividers install street lighting, street trees, and landscaping on the exterior of access control fences; and WHEREAS, over subsequent years additional lots and parcels have been annexed into the District and for which several zones of special benefit have been formed pursuant to the Act; and WHEREAS, the City Council has directed NBS, to prepare and file an Engineer’s Report (the “Report”) for Fiscal Year 2022/23 in accordance with Chapter 1, Article 4 of the Act presenting: plans and specifications describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs to maintain, operate, and service the improvements for the District for the referenced fiscal year; a diagram for the District showing the area and properties to be assessed; and an assessment of the estimated costs to maintain and service the improvements, stating the net amount upon all assessable lots or parcels within the District in proportion to the special benefit received.

NOW, THEREFORE, the following assessments are made to cover the portion of the estimated costs to maintain, operate, and service the improvements for Fiscal Year 2022/23, to be paid by the assessable real property within the District in proportion to the special benefit received:

Category Parcels (1)
Total
Assessment
(2)(3)
Street Lighting 6,384 $177,446.07
Right-of-Way Landscaping 6,458 55,280.48
Median Landscaping – Westpointe 679 27,227.90 Median Landscaping – Brown 529 39,368.18
Brown Park 540 26,297.63
Landscaping – Darrah Street 76 2,499.64 Landscaping – Davante 55 18,408.50
Landscaping – Eastgate 1,384 99,371.20
Overhead 6,479 7,774.80
Totals 6,479 $453,674.40
(1) Some parcels may be assessed in overlapping categories. (2) Assessment amounts will be reduced by $0.20 per parcel to pay for the Stanislaus County collection fee. (3) Assessment may vary slightly due to rounding.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 2

I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City of Ceres at the time of District formation.

Samir Royal, Associate Engineer
ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 3

PLANS AND SPECIFICATIONS

2.1 Description of the Boundaries
The District encompasses multiple subdivisions within the City. It is generally bounded by the Tuolumne River to the north, Faith Home Road to the east, the TID Lateral No. 2 to the south, and Ustick Road to the west.

Exhibits from the report at the formation of the District define the boundaries and maintenance areas of the District. A list of the subdivisions, which the City has annexed into the District and the authorizing resolutions thereof, may be found in Appendix C. The formation Report and said resolutions, on file with the City Clerk, as well as the Stanislaus County (the “County”) Assessor's maps of the areas are incorporated by reference herein and made part of this Report.

2.2 Description of Improvements and Services
The improvements include the construction, operation, maintenance, and servicing of street lighting, right- of-way landscaping, median landscaping, parks, and appurtenant facilities. These appurtenant facilities include, but are not limited to the following: personnel, electrical energy, utilities such as water and gas, materials, contracting services, and other items necessary for the satisfactory operation of these improvements.

The street lighting assessment has been divided into zones based on specific sub-areas that receive differing degrees of benefit. Commercial and industrial properties and multi-family residence areas are determined as benefitting specifically within the sub-areas, and are apportioned by acreage for commercial parcels, and by street frontage for industrial parcels and multi-family residences. Several subdivisions do not have street lighting and are not assessed under the street lighting category. The remaining street lighting assessments are in residential areas where the benefit is allocated on a per-unit basis.

The right-of-way landscaping is the landscaping adjacent to sound walls at the newer subdivisions. The landscaping beautifies the City and conceals the massiveness of the sound walls. The landscaping also softens the channel effect created by the sound walls. At a developer’s request, more landscape separation between the street and the sound wall will be installed. When such separation in excess of 10 feet is requested, the development is required to pay the estimated cost of the extra maintenance through a separate zone. The Westpointe and Brown subdivisions have such zones at this time.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 4

ESTIMATE OF COSTS

3.1 Street Lighting Budget
Category Cost Estimate
Operating Cost

36.3 LED Wattage $57,751.43

60.5 LED Wattage 67,634.03

89.9 LED Wattage 8,956.10
124.1 LED Wattage 12,044.42
149 LED Wattage 1,338.27
Operating Subtotal $147,724.25

Maintenance Cost
Labor $52,383.00
Materials & Equipment 11,792.00
Maintenance Subtotal $64,175.00

Total Cost $211,899.25

3.2 Right-of-Way Landscaping Budget
Category Cost Estimate
Labor, Material, & Supplies $184,676.00
Contract 201,727.95
Total Cost $386,403.95

3.3 Westpointe Median Maintenance Budget
Category Cost Estimate
Contract $17,086.78
Labor 14,503.20
Materials & Supplies 1,139.24
Subtotal $32,729.22

Reserve Target $10,000.00
Reserve Balance 0.00
Reserve Accumulation $10,000.00

Total Cost $42,729.22

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 5

3.4 Brown Median Maintenance Budget
Category Cost Estimate
Contract $20,116.01
Labor 17,074.40
Materials & Supplies 1,341.21
Subtotal $38,531.63

Reserve Target $12,000.00
Reserve Balance 0.00
Reserve Accumulation $12,000.00

Total Cost $50,531.63

3.5 Brown Park Maintenance Budget (Ryno Park)
Category Cost Estimate
Tree Maintenance 7,902.74
Mow, Weed Eat, Edge 6,380.00
Horticulture 658.56
Irrigation System Maint/Repair 5,597.77
Playground Inspections 658.56
Electrical (lights/well) 2,500.00
Materials 2,600.00
Subtotal $26,297.63

Reserve Target $15,000.00
Reserve Balance 0.00
Reserve Accumulation $15,000.00
Total Cost $41,297.63

3.6 Darrah Street Landscaping Budget
Category Cost Estimate
Contract $5,900.41
Labor 5,008.25
Materials & Supplies 393.40
Total Cost $11,302.07

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 6

3.7 Davante Landscaping Budget
Category Cost Estimate
Contract $16,639.25
Labor 14,123.34
Materials & Supplies 1,109.40
Subtotal $31,872.00

Reserve Target $4,000.00
Reserve Balance 0.00
Reserve Accumulation $4,000.00

Total Cost $35,872.00

3.8 Eastgate Landscaping Budget
Category Cost Estimate
Contract $73,074.54
Labor 62,025.42
Materials & Equipment 4,872.17
Subtotal $139,972.13

Reserve Target $25,000.00
Reserve Balance 0.00
Reserve Accumulation $25,000.00

Total Cost $164,972.13

3.9 Overhead/Contingency Budget
Category Cost Estimate
City Administrative Costs $5,000.00
County Collection Fees (1) 1,295.40
NBS Administration Fee 13,154.12
Subtotal $19,449.52

Contingency Target $5,000.00
Contingency Balance 0.00
Contingency Accumulation $5,000.00

Total Cost $24,449.52
(1) Stanislaus County’s Auditor-Controller collects a $0.20 per parcel administrative fee.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 7

ASSESSMENTS
For a list of the amount of actual assessments for Fiscal Year 2022/23 apportioned to each parcel as shown on the latest equalized roll of the County Assessor, refer to Appendix B of this Report. The description of each lot or parcel is part of the records of the County Assessor and such records are, by reference, made part of this Report.

4.1 Method of Apportionment
Pursuant to the Act and Article XIII D of the Constitution of the State of California, all parcels that have special benefit conferred upon them as a result of the maintenance and operation of improvements shall be identified and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire cost of the maintenance and operation of the improvements. Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.

Several zones have been annexed into the District and it has been determined that due to variations in the nature, location, and extent of the improvements, those areas will receive differing degrees of special benefit from the improvements.

Within the Darrah Street and Brown Park zones, each parcel is allocated a number of units, where each such Unit is deemed to receive the same proportional special benefit from the maintenance and operation of the improvements within that zone. In Darrah Street, the Unit is based upon the number of apartments, while in Brown Park the Unit is based upon an “equivalent single-family residence”.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 8

4.2 Street Lighting Methodology
There are several areas within the District that receive differing degrees of special benefit from street lighting; commercial, industrial, multi-family, low-lighted, and single family residential.

Each area is assessed an estimated cost based on the number of street lights in that area multiplied by the average historical cost of operating lights of the specific wattage. That estimated cost is then apportioned to the parcels within the area. The apportionment methodology depends on the area, and each area/methodology is described below.

4.2.1 COMMERCIAL
Each commercial center has a fixed number of lights of varying wattage. The cost is allocated to each center using the average cost of operating and maintaining each of the lights, and then apportioned to each parcel in the commercial center by its proportion of acreage within the center.

Commercial Center Street Lights Cost
Arco – Richland & Hatch 3 $466.71
Arco – Service & Mitchell 3 466.71
Beckwith (Big5) (1) 0 0.00
Bruno – Com 2 311.14
Central Valley Marketplace (Food 4 less) 6 933.42
Ceres Commerce Center 5 777.85
Ceres Market Place 6 933.42
Great Valley Bank 2 311.14
Home Depot 4 622.28
Marchick 5 777.85
McDonalds 2 311.14
Morad 2 311.14
Morgan Manor – Com (1) 0 0.00
Plaza Del Rio 9 1,400.13
Singh 4 622.28
Tuscany Village – Com (1) 0 0.00
Van Horn 2 311.14
Vanderpool 9 1,400.13
Vines 1 155.57
Total 65 $10,112.05
(1) Centers with no lights are shown in order to have a current listing of centers.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 9

4.2.2 INDUSTRIAL
Each industrial center has a fixed number of lights of varying wattage. The cost is allocated to each center using the average cost of operating and maintaining each of the lights, and then apportioned to each parcel in the industrial center by its proportion of street frontage within the center. The major street frontage for the parcel is calculated at 100% of its linear frontage while minor street frontage is calculated at 50% of its linear frontage.

Industrial Center Street Lights Cost
B&D United Builders 1 $155.57
Boyle PM 5 777.85
Miller Industrial 20 3,111.40
Morgan Industrial 40 6,222.80
Morgan PM 2 311.14
Winco 7 1,088.99
Total 75 $11,667.75

4.2.3 MULTI-FAMILY
Each multi-family development has a fixed number of lights of varying wattage. The cost is allocated to each area using the average cost of operating and maintaining each of the lights, and then apportioned to each parcel in the multi-family development by its proportion of units within the development.

Multi-Family Development Street Lights Cost
CW Enterprises (1) 0 $0.00
Hatch Rd Apartments (1) 0 0.00
Meridian 1 155.57
Morgan Manor 10 1,555.70
Sequeira 2 311.14
Total 13 $2,022.41
(1) Developments with no lights are shown in order to have a complete listing of developments.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 10

4.2.4 LOW/NOT-LIGHTED
While not a distinctly specified zone, there are a number of areas that have low or no lighting and are assessed within their specific area. Each low-lighted development has a fixed number of lights of varying wattage. The cost is allocated to each area using the average cost of operating and maintaining each of the lights, and then apportioned to each parcel in the low-lighted area on a per lot basis. The River Oaks 2 and Tuscany Village developments have no lights and have been determined to not receive any special benefit from the District’s street lights.

Multi-Family Development Street Lights Cost
Darrah St (per apartment) 3 $466.71
Norwood 2 311.14
Pleasant Ave 6 933.42
River Oaks 2 (1) 0 0.00
The Parks (1) 0 0.00
Tuscany Village (1) 0 0.00
Total 11 $1,711.27
(1) Developments with no lights are shown in order to have a complete listing of developments.

4.2.5 HIRAM KEMP
Hiram Kemp consists of three parcels and is calculated using a rate factor of 0.620167 of Street Frontage.

Rate Factor Street Frontage Assessment

0.620167 206.05 $127.79

4.2.6 SINGLE-FAMILY RESIDENCES
Total Operating Cost $147,724.25
Total Labor and Equipment 64,175.00
Less Total Non-SFR Revenues (25,641.27)
Total 2022/23 SFR Cost $186,257.99

SFR Parcel Count 6,048
Calculated SFR Assessment Rate (1) $30.80
2021/22 Maximum Assessment Rate 23.09
West Urban CPI (2) 8.715%
2022/23 Maximum Assessment Rate 25.10
2022/23 Actual Assessment Rate $25.10

2022/23 SFR Revenue $151,804.80
(1) The calculated rate needed to cover the total costs. (2) Based on March data.

There is a projected shortfall of approximately $34,453 in street lighting revenues for Fiscal Year 2022/23.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 11

4.3 Right-of-Way Landscaping Methodology
The formation Engineer determined that the special benefit derived from the right-of-way landscaping is equal for all parcels within the District. However, per the City, the Dow Ranch subdivision that was annexed into the District in 2011 does not receive any benefit from right-of-way landscaping.

4.3.1 GENERAL RIGHT-OF-WAY LANDSCAPING
Total Maintenance Costs $386,403.95
Funds From Reserves 0.00
Cost To Be Assessed $386,403.95

Total Lots In City 13,944
Total Lots In District (1) 6,458

Percentage of Lots in District 46.31%
District Share of Costs $178,958.45

Calculated SFR Assessment Rate (2) $27.71
2021/22 Maximum Assessment Rate 7.88
West Urban Annual CPI Change (3) 8.715%
2022/23 Maximum Assessment Rate 8.56
2022/23 Actual Assessment Rate (4) $8.56

2022/23 Right-of-Way Revenue (4) $55,280.48
(1) There are 21 parcels in Dow Ranch that do not benefit from right-of-way landscaping and are not included here.
(2) The calculated rate needed to cover the total costs. (3) Based on March data.
(4) Darrah Street pro-rates the total amount across the parcels in the area based on the number of apartments per parcel.

There is a projected shortfall of approximately $123,658 in right-of-way landscaping revenue for Fiscal Year 2022/23.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 12

4.4 Westpointe Median Landscaping Methodology
The Westpointe Zone includes all development in the Westpointe Project and provides for the maintenance of the landscaped medians. The costs are spread across developments that are adjacent to Aristocrat and Nineveh. The costs were originally spread based on street frontage for vacant land. As the adjacent parcels subdivided, the assessment was converted to a per-lot basis, for those developed residential. There are currently 679 developed parcels in the Westpointe Zone.

Westpointe Median Zone Costs $32,729.22

Reserve Target $10,000.00
Reserve Balance 0.00
Reserve Accumulation $10,000.00

Total Costs $42,729.22

Developed Parcels 679

Calculated Assessment Rate (1) $62.93
2022/23 Maximum Assessment Rate 40.10
2022/23 Actual Assessment Rate $40.10

2022/23 Westpointe Median Revenue $27,227.90
(1) The calculated rate needed to cover the total costs.

There is a projected shortfall of approximately $15,501 in Westpointe median landscaping revenue for Fiscal Year 2022/23.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 13

4.5 Brown Median Landscaping Methodology
The Brown Zone includes all development in the area south of Hackett Road, west of Morgan Road, north of Service Road, and east of the Union Pacific Railroad tracks. The zone provides for the maintenance of the landscaped medians within its boundaries. The cost will be spread across all the residential parcels in the zone. Each single-family residential parcel within the area receives equal special benefit from the medians and therefore the costs will be spread across the parcels. The multi-family units have no direct special benefit from the landscape medians inside the project, so they are not assessed for those improvements. To keep up with inflation, the maximum assessment can increase up to the actual cost increase or the West Urban Consumer Price Increase, whichever is lower.

Zone Costs $38,531.63

Reserve Target $12,000.00
Reserve Balance 0.00
Reserve Accumulation $12,000.00

Total Costs $50,531.63

Developed Parcels 529

Calculated Assessment Rate (1) $95.52
2021/22 Maximum Assessment Rate 68.46
West Urban CPI (2) 8.715%
2022/23 Maximum Assessment Rate 74.42
2022/23 Actual Assessment Rate $74.42

2022/23 Brown Median Revenue $39,368.18
(1) The calculated rate needed to cover the total costs. (2) Based on March data.

There is a projected shortfall of approximately $11,163 in Brown median landscaping revenue for Fiscal Year 2022/23.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 14

4.6 Brown Park Maintenance Methodology
The Brown Zone also provides for the maintenance of improvements at Sam Ryno Park. The park is a storm drainage detention basin with an irrigation system. Improvements also include playground equipment, a covered picnic area, and a basketball court. The cost will be spread across all the residential parcels in the zone. All residential parcels within the area receive special benefit from the park and the cost will be apportioned equally by an equivalent SFR (“ESFR”). A typical single-family residence has an ESFR value of

1.0. A vacant residential parcel has an ESFR value of 0.5 and a multi-family residence has an ESFR of 0.9 per unit. To keep up with inflation, the maximum assessment rate can increase up to the actual cost increase or the West Urban Consumer Price Increase, whichever is lower.

Type Parcels Units ESFR Total ESFR
SFR (1) 523 523 1 523.0
MFR 5 10 0.9 9.0
VAC 6 6 0.5 3.0
Total 534 539 535.0
(1) Does not include 11 SFRs owned by the Housing Authority, which were included in the count prior to Fiscal Year 2022/23, but were not levied.

Zone Costs $26,297.63

Reserve Target $15,000.00
Reserve Balance 0.00
Reserve Accumulation $15,000.00

Total Costs $41,297.63

Equivalent SFR 549.9

Calculated Assessment Rate (1) $75.10
2021/22 Maximum Assessment Rate 91.02
West Urban CPI (2) 8.715%
2022/23 Maximum Assessment Rate 98.95
2022/23 Actual Assessment Rate $75.10

2022/23 Brown Park Revenue $41,297.63
(1) The calculated rate needed to cover the total costs. (2) Based on March data.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 15

4.7 Darrah Street Landscaping Methodology
Landscaping has been installed in the Darrah Street neighborhood to beautify the area. The landscaping must be maintained to retain its benefit. Since the benefit is for this area specifically, the maintenance costs should be borne by benefitting parcels in the zone. The maintenance cost is based on an estimate by the contractor that will be maintaining the landscaping. The cost is spread based on the number of apartment units.

Total Costs $11,302.07
Apartment Units 76

Calculated Assessment Rate (1)(2) $148.71
2022/23 Actual Assessment (2) 32.89

2022/23 Actual Assessment Rate (2)(3) $32.89
2022/23 Darrah Street Revenue $2,499.64
(1) The calculated rate needed to cover the total costs. (2) Rate is per apartment unit.
(3) Historical rate provided by City that has no annual escalator

There is a projected shortfall of approximately $8,802 in Darrah Street landscaping revenue for Fiscal Year 2022/23.

4.8 Davante Landscaping Methodology
The Davante Villas Zone includes development in the area south of River Road, west of Mitchell Road, north of Nicholes Way, and east of Snowridge Court. The zone provides for the maintenance of the landscaped area along separation walls on River Road and Mitchell Road. The cost will be spread across all the residential parcels in the zone. Each single-family residential parcel within the area receives equal benefit from the landscaping. The costs will be spread equally across the parcels. To keep up with inflation, the maximum assessment can increase up to the actual cost increase or the West Urban Consumer Price Increase, whichever is lower.

Total Costs $35,872.00

Parcels 55

Calculated Assessment Rate (1) $652.22
2021/22 Maximum Assessment Rate 307.87
West Urban CPI (2) 8.715%
2022/23 Maximum Assessment Rate 334.70
2022/23 Actual Assessment Rate $334.70

2022/23 Davante Park Revenue $18,408.50
(1) The calculated rate needed to cover the total costs. (2) Based on March data.

There is a projected shortfall of approximately $17,464 in Davante median landscaping revenue for Fiscal Year 2022/23.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 16

4.9 Eastgate Landscaping Methodology
The Eastgate Zone assessment provides for the maintenance of the landscaped medians and areas along separation walls on Boothe Road and Eastgate Boulevard. The cost will be spread across all the residential parcels in the zone. Each single-family residential parcel within the area receives equal special benefit from the landscape and medians. The multi-family units along Eastgate will also benefit from the improvements, and they are included in the calculations for that improvement. To keep up with inflation, the maximum assessment can increase up to the actual cost increase or the West Urban Consumer Price Increase, whichever is lower.

Total Costs
$164,972.13

Parcels 1,384

Calculated Assessment Rate (1) $119.20
2021/22 Maximum Assessment Rate 66.05
West Urban CPI (2) 8.715%
2022/23 Maximum Assessment Rate 71.80
2022/23 Actual Assessment Rate $71.80

2022/23 Eastgate Revenue $99,371.20
(1) The calculated rate needed to cover the total costs. (2) Based on March data.

There is a projected shortfall of approximately $65,601 in the Eastgate landscaping revenue for Fiscal Year 2022/23.

4.10 Overhead/Contingency Charge Methodology
The Overhead and Contingency assessments pay for the management of the District, including accounting, administration, and the costs of placing the assessments on the County tax roll. These assessments also provide for a contingency so damage to landscaping or streetlights within the District can be repaired. The benefit derived from this assessment is equal to all parcels in the District since all are affected by the proper administration of the District.

Total Costs $24,449.92

Parcels 6,479

Calculated Assessment Rate $3.77
2021/22 Maximum Assessment Rate 1.20

2022/23 Maximum Assessment Rate $1.20
2022/23 Actual Assessment Rate 1.20

2022/23 Overhead/Contingency Revenue $7,774.80
There is a projected shortfall of approximately $16,675 in the overhead/contingency revenue for Fiscal Year 2022/23.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 17

APPENDIX A - ASSESSMENT DIAGRAMS
The following page shows the boundaries of the District and the different zones therein. The Assessment Diagrams have been submitted to, and are on file with, the City Clerk in the format required under the provisions of the Act. Please refer to Appendix C of this Report for a listing of the subdivisions and the specific authorizing resolutions that include such subdivisions’ Diagrams. The lines and dimensions, as well as the Assessor’s Parcel Numbers shown on maps of the County Assessor for the current year are, by reference, made part of this Report as well.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 18

APPENDIX B - ASSESSMENT ROLL
The Fiscal Year 2022/23 assessment roll has been filed separately with the City Clerk due to its length.

Assessor’s parcel identification, for each lot or parcel within the District, shall be based on the County Assessor’s secured roll data for the applicable year in which this Report is prepared and is incorporated herein by reference.

A listing of assessor’s parcels assessed within the District for Fiscal Year 2022/23, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this Report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

ITEM 14

City of Ceres
2022/23 Engineer’s Report – 1987 Landscaping and Lighting District 19

APPENDIX C - ANNEXATIONS

A listing of the subdivisions and resolutions that authorized the annexations is shown on the following pages.

ITEM 14
1 CITY OF CERES

SUBDIVISIONS AND PARCELS WITHIN
THE 1987 LANDSCAPE AND LIGHTING DISTRICT

Resolution Date Description Recorded

1. 87-125

7/27/87

Rader Estates #2 7/31/87

2. 88-38

2/22/88

Inland Estates 3/16/88

3. 88-76

4/25/88

Riverview Manor 8/04/88

4. 88-83

5/09/88

Burton Estates 5/13/88

5. 88-83

5/09/88

Cherry Glen 5/13/88

6. 88-83

5/09/88

Don Pedro Park 5/13/88

7. 88-83

5/09/88

Glenbrook Park 5/13/88

8. 88-83

5/09/88

Orchard Estates 5/13/88

9. 88-83

5/09/88

Rainbow Village 5/13/88

10. 88-85

5/09/88

Maria Estates 5/13/88

11. 88-99

5/23/88

Carriage Square 7/19/88

12. 88-101

5/23/88

Cortel Estates 6/21/88

13. 88-105

5/23/88

Stonehenge 6/01/88

14. 88-127

6/13/88

Westwood Meadows Unit #1 6/21/88

15. 88-127

6/13/88

Westwood Meadows Unit #2 6/21/88

16. 88-131

6/27/88

Rader Estates #3 8/04/88

17. 88-136

6/27/88

Alpine Meadows Unit #1 8/04/88

18. 88-136

6/27/88

Alpine Meadows Unit #2 8/04/88

19. 88-136

6/27/88

Canyon Creek Estates 8/04/88

20. 88-136

6/27/88

Glenbrook 8/04/88

21. 88-136

6/27/88

Hillview Estates 8/04/88

22. 88-136

6/27/88

Northwoods Estates 8/04/88

23. 88-136

6/27/88

Oakwood Meadows 8/04/88
ITEM 14
2 Resolution

24. 88-136
Date

6/27/88
Description

Pink Estates
Recorded

8/04/88

25. 88-136

6/27/88

Rader Estates 6/27/88

26. 88-136

6/27/88

Terrace Oaks 8/04/88

27. 88-151

7/25/88

Sierra Park 8/02/88

8. 88-190

9/26/88

Riverpark 10/14/88

29. 88-192

9/26/88

Flora Estates 11/23/88

30. 88-194

31. 88-202

9/26/88

10/10/88

Riverbend Heights
(amended)
Harvest Glen
10/26/88

10/14/88

32. 88-204

10/10/88

Bradford Estates 11/07/88

33. 88-206

10/10/88

Whispering Woods 10/14/88

34. 88-208

10/10/88

Del Sol Estates 10/14/88

35. 88-220

10/24/88

Spring Meadows 11/10/88

36. 88-256

12/12/88

Cornish Estates 12/21/88

37. 89-65

1/23/89

Vanderpol Parcel Map 1/31/89

38. 89-68

4/10/89

Lonnie Estates 4/14/89

39. 89-71

4/10/89

Melba Estates 4/14/89

40. 89-108

5/22/89

Inland-Blaker Estates 5/25/89

41. 89-108

5/22/89

Inland-Blaker Estates #2 5/25/89

42. 89-138

7/10/89

Marchick Parcel Map 7/14/89

43. 89-151

7/24/89

Richland Meadows 8/16/89

44. 89-187

9/11/89

Inland-Richland Estates 9/21/89

45. 89-193

9/11/89

Arco Parcel Map 10/24/89

46. 89-202

10/09/89

Alpine Meadows Unit #3 10/16/89

47. 89-202

10/09/89

Alpine Meadows Unit #4 10/16/89

48. 89-204

10/09/89

Farris Estates 10/13/89

49. 89-217

11/13/89

Inland-Hackett Estates 12/14/89
ITEM 14
3 Resolution Date Description Recorded

50. 90-09 2/12/90 Johnson Parcel Map 2/20/90

51. 90-18

2/26/90

Blakemore Parcel Map 3/08/90

52. 90-24

3/12/90

Northwoods II 3/16/90

53. 90-26

3/12/90

Central Estates 6/19/90

54. 90-100

6/25/90

Morgan PM 6/29/90

55. 90-112

7/23/90

Castiglione Estates 8/16/90

56. 90-134

8/13/90

Philmore Estates 8/30/90

57. 90-141

8/27/90

Parks Unit II 9/05/90

58. 90-160

9/24/90

Atlantic Richfield PM 10/04/90

59. 90-198

11/26/90

Reynolds Estates 11/29/90

60. 91-10

1/14/91

Bruno PM 1/25/91

61. 92-04

1/13/92

Plaza Del Rio PM 1/16/92

62. 92-26

2/10/92

Beets PM 3/5/92

63. 92-82

6/08/92

City Hall Block 6/24/92

64. 92-94

7/27/92

Nineveh Estates PM 8/13/92

65. 92-101

8/10/92

Walnut Estates 8/13/92

66. 92-151

11/9/92

Hackett Estates Phase I 11/16/92

67. 93-02

1/25/93

Euro Village Phase I 2/3/93

68. 94-04

1/10/94

Great Valley Bank PM 1/25/94

69. 93-125

9/13/94

Hackett Estates Phase II 10/20/93

70. 94-48

4/25/94

Avery & Hayes 4/29/94

71. 93-111

8/23/93

Euro Village Phase II 8/27/93

72. 94-145

11/28/94

Sweetwater Glen II 1/13/95

73. 94-88

6/27/94

Serenity Estates 6/30/94

74. 94-110

8/8/94

Westpointe Sub. 1 & 2 8/11/94

75. 94-140

11/14/94

California Voyage Phase I 11/18/94
ITEM 14
4 Resolution Date Description Recorded

76. 94-58 5/9/94 Sweetwater Glen 05/23/94

77.94-70

5/23/94

Jacquez Estates

06/07/94

78. 94-147

11/28/94

Highlands/Westpointe/Phase I

12/09/94

79. 95-130

10/25/95

Highlands/Westpointe/Phase II

10/25/95

80. 96-25

2/12/96

Highlands Park

02/21/96

81. 97-95

9/8/97

Boyle Parcel Map

09/12/97

82. 97-104

10/27/97

River Bluffs

11/17/97

83.97-106

10/27/97

Heavenly Estates Phase I

11/19/97

84. 98-17

1/26/98

Donella Estates

01/29/98

85. 98-39

4/27/98

Kingston Estates One

05/04/98

86. 98-41

4/27/98

Northwoods III

05/07/98

87. 98-65

6/22/98

Kingston Estates Two

06/26/98

88. 99-48

5/24/99

Ceres Market Place

06/08/99

89. 99-73

7/12/99

Kingston Estates Three

07/14/99

90. 99-131

11/22/99

Highlands South-Phase I

12/01/99

91. 2000-3

1/10/00

McDonald’s Parcel Map

02/15/00

92. 2000-22

2/28/00

Heavenly Estates - Phase II

03/07/00

93. 2000-31

3/13/00

Agresti Ranch

04/05/00

94. 2000-163

10/09/00

Highlands South-Phase 2

10/12/02

95. 2001-96

06/25/01

Olive Grove @ Westpointe Ph 1

07/10/01

96. 2001-138

08/27/01

Cameron Park II

08/30/01

97. 2001-65

04/23/01

Brown Estates Unit 1*

06/12/01

*Unit 1 is subdivided to Units 2, 3, 4 & 5.

ITEM 14
5 Resolution Date Description Recorded

98. 2001-150 09/10/01 Brown Estates Unit 2 09/21/01

99. 2001-150

09/10/01

Brown Estates Unit 3 09/21/01

100. 2002-61

04/08/02

Cambridge Estates 04/11/02

101. 2002-91

05/28/02

Olive Grove Phase II 06/17/02

102.2002-136

07/22/05

River Ranch 07/26/02

103. 2002-133

07/22/02

Brown Estates #4 & 5 09/11/02

104. 2002-181

09/23/02

Claremont Oaks 10/01/02

105.2005-145

07/25/05

The Corner at Eastgate Unit 3 11/29/05

106. 2002-196

10/14/02

Hacienda Estates 12/20/02

107. 2000-21

02/28/00

Heavenly Estates II 03/07/00

108. 2003-71

04/28/03

Miller Industrial Park 05/07/03

109. 2003-27

02/24/03

Heavenly Estates Phase 3 03/24/03

110. 2003-80

05/12/03

Pinehurst North Unit 1&2 05/30/03

111. 2002-60

04/08/02

Cambridge Estates 2 06/20/03

112. 2003-93

05/27/03

River Heights 07/09/03

113. 2003-84

05/12/03

California Voyage Phase 2 06/06/03

114. 2000-15

07/24/00

Darrah Street - Lois Way to Memorial Drive

115. 2002-217

11/12/02

Pleasant Avenue

116. 2003-82

05/12/03

Kinser Estates 05/21/03

117. 2003-201

10/27/03

Changason Estates 11/04/03

118. 2003-222

11/24/03

Capistrano Unit 1 11/26/03

119.2003-225

11/24/03

Vine Parcel Map 11/26/03

120. 2004-11

01/26/04

Pinehurst South Unit 1 01/28/04

121. 2004-22

02/09/04

Davante Villas 01/27/04

122. 2004-23

02/23/04

Blaker Ranch 03/11/04

123. 2004-36

02/23/04

Claremont Oaks Phase 2 03/10/04
ITEM 14
6 Resolution Date Description Recorded

124. 2004-62 04/26/04 Corners at Eastgate Unit No. 1 05/04/04

125. 2004-49

03/22/04

Pinehurst East at Eastgate 04/22/04

126. 2004-60

04/26/04

Capistrano Unit 2 05/04/04

127. 2004-94

06/28/04

Morgan Manor 07/21/04

128. 2004-117

07/26/04

Central Valley Marketplace 08/06/04

129. 2004-130

130. 2004-165

08/09/04

09/27/04

Pinehurst North at Eastgate Unit No. 2
Units 3&4
Van Horn Subdivision Phase I
08/13/04

10/01/04

131. 2004-200

11/08/04

Corners at Eastgate Unit No. 2 11/16/04

132. 2004-209

11/22/04

River Oaks Estates Unit. No. 2 12/01/04

133. 2005-12

01/24/05

Ortiz Subdivision at Eastgate 01/26/05

134. 2005-107

06/13/05

Bing Cherry Unit 2 06/25/05

135.2005-230

11/14/05

Bing Cherry Unit 1 11/23/05

136. 2005-20

02/14/05

The Enclave 02/18/05

137. 2005-23

02/14/05

Pinehurst South Unit No. 2 02/25/05

138. 2005-38

03/14/05

Decker Parcel Map 03/21/05

139. 2005-59

03/28/05

Veranda at Eastgate 04/13/05

140. 2005-61

03/28/05

Van Horn Subdivision Phase II 04/08/05

141. 2005-88

05/09/05

Ledbetter Parcel Map 05/18/05

142. 2005-212

10/24/05

San Pedro Colony 10/24/06

143. 2005-77

04/25/05

Capistrano Estates #3 05/02/05

144.2005-233

11/14/05

Cherry Hollow 11/16/05

145. 2005-235

11/14/05

Stonum Subdivision 11/22/05

146. 2005-237

11/14/05

Westpointe 4 11/18/05

147. 2005-239

11/14/05

Vernada Estates Unit 2 11/17/05

148. 2006-11

01/23/06

Morgan Road Industrial Park 01/27/06

149. 2006-26

02/13/06

The Corners at Eastgate Unit 4 02/15/06
ITEM 14
7 Resolution Date Description Recorded

150. 2006-36 02/27/06 Rose Village 03/24/06

151. 2006-93

05/22/06

Maxim Estates 06/23/06

152. 2006-95

05/22/06

Green River Estates 05/30/06

153. 2006-97

05/22/06

Tuscany Village 06/08/06

154. 2006-104

06/12/06

San Pedro North Unit No.1 07/21/06

155. 2006-106

06/12/06

Norwood Heights 06/26/06

156. 2006-114

06/26/06

Beckwith Parcel Map 06/27/06

157. 2006-154

08/14/06

Nguyen/Rothbard Parcel Map 08/17/06

158. 2007-11

01/22/07

Hiram Kemp Parcel Map 02/02/07

159. 2007-35

02/26/07

Dow Ranch No. 1 03/07/07

160. 2006-214

11/27/06

CW Enterprise Parcel Map 06/27/06

161. 2007-122

06/25/07

Sequeira Parcel Map 06/29/07

162. 2007-123

06/25/07

Morad Parcel Map 06/29/07

163. 2007-169

08/27/07

San Pedro North Unit#2 09/13/07

164. 2007-197

10/08/07

B & D United Builders 10/23/07

165. 2007-196

10/08/07

Shuman Parcel Map

166. 2007-209

11/13/07

Singh Parcel Map 11/20/07

166. 2011-47

4/11/11

Dow Ranch 2 05/16/11

ITEM 14

CITY OF CERES

MUNICIPAL BUDGET
FISCAL YEAR 2022-2023

COUNCIL AGENDA REPORT

MEETING DATE: June 13, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Alex Terrazas, City Manager, [email protected], (209) 538-5751

Leticia Dias, Finance Director, [email protected] ,
(209) 538-5764

SUBJECT: Resolution No. 20 22-64, Adopting the Annual B udget for the City of C eres for the 2022/ 2023 Fi scal Year , Approving Positions for F iscal Year 202 2/2023, and Resolution No. 202 2- 65, Adopting Appropriations Limitations for Fisc al Year 2022/2023

RECOMMENDED COUNCIL ACTION:

The City Manager and Finance Director recommend the Council approve the following:

1. Resolution No. 2 022-64, adopting the Annual Budget for t he City of Ceres for the 2022/2023 Fiscal Year and Approving Positions for Fiscal Year 2022/2023.

2. Resolution No. 2022-65, adopting the Appropriations Limitations for Fiscal Year 2022/2023.

I. BACKGROUND:

The budget development process began with department hea ds and their respective staff submitting funding requests for FY 2022/ 2023. F ollowing thos e submissions meetings were held with Department al staff, Finance Department staff and the Cit y Manager to review those requests and develop the operating budget for the City Council’s consideration.

The fiscal position of the City has improved slightly over the course of this fiscal year but continues to be in a position where expenditures exceed revenues. The improvement in

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1
Vacant, Dist.2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4

the City’s fiscal co ndition is a result of a reduction in expenditures related to salary savings from frozen and vacant positions . Contributing factors to the City ’s revenue shortfall include loss of revenue from the Cannabis Ind ustry in addition t o revenue loss as a result of the COVID-19 pandemic. Despite this revenue shortfall the City’s General Fund reserve continues to exceed the City Council ’s policy level of 18% percent of expenditures. This budget proposes a $6.9 million reserve balance or a 25.6% reserve as a percentage of expenditures.

On May 24, 2022, the draft budget was presented to the Council at a workshop in order for the C ouncil to provide input, comments, and direction. As was indicated at the workshop staff is proposing the use of funds from the American Rescue Plan Act to balance the budget. The use of ARPA funds to replace lost revenues and to balance municipal budgets is an allowable use. Therefore, staff is recommending the use of $1.1 million in ARPA funds to balance the FY 2022/2023 budget.

No new positions are recommended to be added to the FY 2022/2023 budget.

However, City staff is in the process of developing a final recommendation to the City Council for additional Co de Enforcement p ositions and equipment . Staff has also recently identified a need to add addi tional Parks staff . Additional P arks staff are needed to open, maintain and operate the Lower River Bluff park area. Final proposals for Council’s consideration, for both of these items, will be presented to t he Council at upcoming Council meetings.

Additionally, a t t he May 24, 20 22 budget workshop, sta ff presented the year-end projections for Fi scal Year 2021/ 2022. Year end projections result in $618,943 of General Fund reserves being used with, as previously mentioned, a projected reserve balance of $6.9 million.

II. ECONOMIC ASSUMPTIONS:

Property taxes have slightly increased, and this was a result of what continues to be a sellers real estate market. Home values are continuing to appreciate in a mark et where the inventory has recently decreased.

Sales tax revenue for the 2021/2022 budget year came in slightly hi gher than expected and was consistently strong over the past year . Additionally , revenue generated from existing Development Agreements (DA’s) from sales of adult use and medical cannabis are expected to hold cons tant in the coming ye ars. There is significant commercial development occurring, and in the pipeline, in the City that will have a future positive impact on sales tax revenue.

Economic development at our local level is a critical elemen t to the financial future for the City . This budget proposes to fund and continue w ith the City ’s current economic development activities. This economic development effort includes the recent hiring of

the Economic D evelopment/Redevelopment Manager , the City ’s retail recr uitment efforts, support to small businesses, participation in Opportunity Stanislaus, site visits to

local businesses and focus on Downtown Ceres.

This year th e City has seen several si gnificant commercial projects constructed/remodeled including Walmart (and the Dunkin Donut s in side), Habit Burger, the 7-11 and 76 gas station, In-Shape and George’ s Gas. Construction is also underway at Ceres Gateway Center and the first building is anticipated to be complete in early fall. Businesses soon to be located at Gateway Center include Ono Hawaiian BBQ, Chipotle and Starbucks. Other businesses at the Gateway Center that will soon break ground include I n-N-Out Burger and Quick Quack Car Wash. Additionally, with the recent Zoning Ordinance Text Amendment approved by the City Council increasing the allowable height of bui ldings in the Mitchell R oad Corridor staff is anticipating the submittal of an application for a hotel at Gateway Center. Construction has also started at the old Kmart site. Businesses that will be locating th ere include Dutch Bros and Raising Cane’s Chicken Fingers.

While sales tax will not be generated until commercial buildings within these developments open, property tax w on’t be received until t he following y ear. These commercial development s and businesses will increase tax revenue for f uture budget cycles.

Rising pension costs continue to be a challenge for the City . Although the City of Cer es is a memb er of StanCERA for r etirement purpos es, the CALP ERS issues will likely resonate across the state and is clearly an issue that requ ires staff a nd C ouncil to diligently monit or. Other cities in Stanislaus County are struggling to address th e significant impacts to budgets as a result of increased contributions for retir ement purposes. In Ceres there is a disparity in retirement costs for those PEPRA employees that were hired af ter January 1, 2013 versus classic employees hired prior to that date.

PEPRA employees are required by State Law to pay 100% of the employees share of retirement, while the classic employees are currently only paying 67% of their employee share and the City picks up the rest. By July of 2023, all city employees will be paying 100% of the employees share of retirement.

III. GENERAL FUND OVERVIEW:

The proposed Gen eral Fund budget is balanced by utilizing approximately $1.1 million of American Rescue Act funding from the second installment of funds. The proposed budget retains a General Fund reserve level of approximately 25.6% ($6,955,307).

Although the projection for the next sev eral years shows a growth in revenues , preparing for the next cyclical economic downturn or pandemic related event is important. The remainder of the second installment of ARPA funds have not yet been included in the budget and those funds, o nce received, must be encumbered by December 31, 2024 and spent by December 31, 2026. It w ill be important to be strategic in the use of remaining ARPA funds as it will likely be necess ary to use ARPA funds to balance future budgets.

With the increased r evenues, it is imperative and fiscally responsible t o plan for l ong term sustainability while maintaining the highest level of service we can afford.

IV. PERSONNEL ACTIONS:

Although new staff requests were made in the initial budget requests from Departments, these requests were removed when staff was asked to make necessary reductions to their initial department al bud get requests. To further manage expenditures it is recommended that a vacant Associate Engineer position in the Enginering Division be frozen.

The City o f Ce res, like the State of Cal ifornia, is strug gling with increasing pension costs. Through previous negotiations, the Department Heads and City Manager now pay their ful l employee contribution to retirement. T he other l abor groups a re paying two-thirds of their emplo yee contri bution. T he funding levels in StanCERA are significantly higher than at the State level. We are continuing to explore ways to reduce our pension costs, which may be addressed through the labor agreement negotiation process.

V. POLICY ISSUES:

Fund 292 is the City’s Landscape and Light ing District (LLD). Or iginally created in the 1980’s homeowners who are within an LLD pay annual as sessment on their property tax bill to fu nd maintenance of certain landscaped areas of the City. The LLD an d its assessment have not been adjusted since it s inception and as a result, the City do es not collect enough revenue to cover the LLD expendi tures. The 2022 /2023 budget projects the City will received nearly $454 K from the LLD assessment, h owever, expected operati ng expense s a re nearly $580 K which requires the General Fund to make up the $ 126K difference. T o ra ise the LLD annual assessmen t a Prop 218 process would be required. This may be some thing the Council wishes to address in 2022/2023 as any shortfall fr om Fund 292 is offset and continues to be paid from the General Fund.

At t his time, the Community Center Fund (275) has a negative cash balance of $2,029,801. Although the deficit on an annual basis has been reduced in the pas t couple of year s, expenditures continue to exceed r evenues each year. The Big Valley Grace (BVG) Church contract has been renew ed and they have extended the contract and use which will bring additional reve nue to the City of Ceres. COVID-19 had the most significant impact to the Community Center and rentals were cancelled resulting in revenue loss . The horizo n is bright as we are seeing our customers return and are seeing an increase in rentals of the Community Center facility. In the FY 2022/2023 budget we expect that revenue generated from events at the Com munity Center will continue to increase.

VI. C ONCLUSION

This budget plan has been impacted by increases in worker’s compensation and liability insurance, rising pension costs and contractually obligated increases in employee salaries. Fu rther, while revenue from cannabis DA’s will be constant for the next four years it is far less than w hat was received in previous budget cycles . The lingering impacts of COVID-19 also continue to be a concern.

From the perspective of fiscal stability , the level of commercial building activity and new businesses ch oosing to locate in C eres w ill have a po sitive impact on future City revenues. At the s ame time, restraint in spending will be vital while continuing to focus on long term fiscal stability and economic development.

Steps will continue to be tak en tow ard building a strong s ales t ax base, building a healthy local economy and fiscal sustainability . The City will continue with it s proactive approach toward economic development and being business fr iendly. This proactive approach to economic develop ment and managing expenditures will help the City achieve fiscal stability and minimize reliance on one time revenues.

Preparation of a budget of thi s magnitude would not be possible with out the assistance and cooperation of all City depart ments and the hard working, dedicated professionals that put this budget together. Together we achieve.

Staff will make a presentation to Council and seek final approval of the budget.

Approved by:____________________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution Adopting the Annual Budget

2. Resolution Adoption of the Appropriations Limitations

RESOLUTION NO. 2022-64

A RESOLUTION OF THE CITY OF CERES ADOPTING THE ANNUAL
BUDGET FOR FISCAL YEAR 2022/2023 BEGINNING JULY 1, 2022 AND ENDING JUNE 30, 2023.

CITY COUNCIL
City of Ceres, California

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CERES that departmental budget appropriations for the City of Ceres for the fiscal year beginning July 1, 2022 and ending June 30, 2023 are as follows:

FISCAL YEAR 2022-2023

DEPARTMENT BUDGET APPROPRIATIONS

09 - POLICE non sworn ................................................................... $1,937,061 10 - POLICE .................................................................................... 15,160,912 11 - ANIMAL CONTROL ....................................................................... 678,899 13 - CODE ENFORCEMENT ............................................................... 379,327 14 - FIRE non sworn ........................................................................................ 0 15 - FIRE ........................................................................................... 9,282,927 16 - INFORMATION TECHNOLOGY ................................................ 1,076,014 18 - P.W. ADMINISTRATION ............................................................ 1,428,258 19 - ENGINEERING .......................................................................... 1,687,439 20 - EQUIPMENT .............................................................................. 3,979,931 25 - SEWER ...................................................................................... 7,069,142 30 - STREETS ................................................................................... 2,401,167 33 - SOLID WASTE…………………………………………………………..43,190
35 - WATER ...................................................................................... 8,016,383 36 - WATER CONSERVATION ............................................................ 425,672 40 - PARKS ....................................................................................... 2,641,296 41 - FACILITY SERVICES ................................................................. 1,757,969 45 - DOWNTOWN REVITALIZATION .................................................... 19,040 55 - RECREATION ............................................................................ 1,069,718 57 - HOUSING REHABILITATION ....................................................... 412,590 58 - CRA SUCCESSOR AGENCY .................................................... 2,699,987 59 - SCRC SUCCESSOR AGENCY..................................................... 271,893 60 - GENERAL CITY ......................................................................... 5,122,378 63 - CITY COUNCIL ............................................................................. 206,832 65 - CITY MANAGER ........................................................................... 383,350 66 - HUMAN RESOURCES .................................................................. 679,544 67 - CITY CLERK ................................................................................. 460,405 70 - BUILDING ..................................................................................... 513,971 73 - FINANCE .................................................................................... 2,214,467 75 - PLANNING .................................................................................... 765,731 95 - CIP & DEBT SERVICE ............................................................. 10,371,912

TOTAL APPROPRIATIONS $83,157,405

BE IT FURTHER RESOLVED by the City Council of the City of Ceres that the positions for fiscal year 2022/2023 shown on Attachment 1 are hereby approved.

BE IT FURTHER RESOLVED, that the amounts encumbered on the books of the City of Ceres for fiscal year 20 21/2022 shall be carried forward and the City Manager and/or the Finance Director are hereby authorized to take the necessary steps to carry forward encumbrances in the various funds of the City of Ceres.

BE IT FURTHER RESOLVED, that the budget for the City of Ceres for fiscal year 2022/2023 shall be amended only as follows:

Items requiring City Council action:

Appropriation of reserves
Transfers of appropriation between funds
Creation of new capital projects
Transactions which increase total fund budgets
Increased staffing beyond the positions listed on Attachment 1 Transfers of appropriations between capital projects

Items delegated to the City Manager:

Transfers between departments within funds so that the total Fund budget remains the same. (Operating budget only.)

Items delegated to Department Directors;
Allocation of departmental appropriations to line item except for salary and benefit appropriations. Line item cha nges cannot increase the total amount budgeted for the department. (Operating budget only)

BE IT FURTHER RESOLVED THAT all Information Technology equipment taken out of service is deemed to be surplus and will be recycled as soon as it is removed from service; and

BE IT FURTHER RESOLVED THAT the budget documents and itemized details of such documents are filed with the Director of Finance of the City of Ceres; and

BE IT FURTHER RESOLVED THAT the City Manager or appropriate designee, is hereby authorized to approve payments for goods or services received by the City of Ceres in accordance with the City’s approved budgets, programs, and policies.

PASSED AND ADOPTED this 13
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_______________________
Javier Lopez, Mayor

ATTEST:

____________________________
Kellie E. Weaver, Interim City Clerk

Resolution 2022-64

RESOLUTION NO. 2022-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERES

ADOPTING THE APPROPRIATIONS LIMITATION FOR
FISCAL YEAR 2022-2023

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CERES that the appropriations limitation for the Cit y of Ce res for the fiscal year beginning July 1 , 2022 and ending June 30, 2023 is $78,603,185.45,

BE IT FURTHER RESOLVED that the adjusted base for Fiscal Year 2022-2023 has been calculated as shown in Exhibit “A”.

PASSED AND ADOPTED this 13
th day of June, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________
Javier Lopez, Mayor

ATTEST:

___________________________
Kellie E. Weaver, Interim City Clerk

Resolution No. 2022-65 Exhibit “A”

CITY OF CERES
PROPOSITION 4 APPROPRIATIONS LIMITATION CALCULATIONS
1978-79 Base Year……………………………………………………………..$ 3,317,835.00 1979-80 Adjusted Base…………………………………………………………. 3,941,836.00 1980-81 Adjusted Base…………………………………………………………. 4,706,006.00 1981-82 Adjusted Base…………………………………………………………. 6,108,825.00 1982-83 Adjusted Base…………………………………………………………. 6,834,791.00 1983-84 Adjusted Base…………………………………………………………. 7,295,512.00 1984-85 Adjusted Base…………………………………………………………. 7,939,331.00 1985-86 Adjusted Base…………………………………………………………. 8,413,026.00 1986-87 Adjusted Base…………………………………………………………. 8,876,770.00 1987-88 Adjusted Base…………………………………………………………. 9,496,025.00 1988-89 Adjusted Base…………………………………………………………10,287,044.00 1989-90 Adjusted Base…………………………………………………………12,935,958.00 1990-91 Adjusted Base…………………………………………………………15,197,163.00 1991-92 Adjusted Base…………………………………………………………17,207,748.00 1992-93 Adjusted Base…………………………………………………………17,636,221.00 1993-94 Adjusted Base…………………………………………………………18,819,611.00 1994-95 Adjusted Base…………………………………………………………19,497,117.00 1995-96 Adjusted Base…………………………………………………………20,684,491.00 1996-97 Adjusted Base…………………………………………………………22,014,504.00 1997-98 Adjusted Base…………………………………………………………23,344,180.00 1998-99 Adjusted Base…………………………………………………………24,681,801.00 1999-00 Adjusted Base…………………………………………………………25,871,463.00 2000-01 Adjusted Base…………………………………………………………27,447,035.00 2001-02 Adjusted Base…………………………………………………………29,804,735.00 2002-03 Adjusted Base…………………………………………………………29,882,227.00 2003-04 Adjusted Base…………………………………………………………31,191,069.00 2004-05 Adjusted Base…………………………………………………………33,000,151.00 2005-06 Adjusted Base…………………………………………………………35,871,164.00 2006-07 Adjusted Base…………………………………………………………39,278,924.00 2007-08 Adjusted Base…………………………………………………………42,146,285.00 2008-09 Adjusted Base…………………………………………………………45,054,379.00 2009-10 Adjusted Base…………………………………………………………45,838,325.00 2010-11 Adjusted Base…………………………………………………………45,017,819.00 2011-12 Adjusted Base…………………………………………………………46,440,382.00 2012-13 Adjusted Base…………………………………………………………48,520,911.00 2013-14 Adjusted Base…………………………………………………………51,577,728.00 2014-15 Adjusted Base…………………………………………………………51,727,303.00 2015-16 Adjusted Base…………………………………………………………54,153,313.00 2016-17 Adjusted Base…………………………………………………………57,624,541.00 2017-18 Adjusted Base…………………………………………………………60,482,718.00 2018-19 Adjusted Base…………………………………………………………63,452,419.00 2019-20 Adjusted Base…………………………………………………………66,472,754.14 2020-21 Adjusted Base…………………………………………………………69,530,500.83 2021-22 Ad justed Base…………………………………………………………73,653,659.53

2022-23 Calculation
Adjust for Change in Population (Ceres)
January 2022 DOF Estimate 48,386
January 2021 DOF Estimate 48,762
-376
Ceres Decrease -.77%

Adjust for Change in Population (County)
January 2022 DOF Estimate 549,466
January 2021 DOF Estimate 551,737
-2,271
County Decrease -.41%

Adjust for Change in California Per Capita Income
Per Capita Income Change: 7.55%

Adjust by the Above Factors:

Population .9923 x Per Capita 1.0755= 1.0672
$73,653,659.53 x 1.0672 = $78,603,185.45
2022-23 Adjusted Base $78,603,185.45

Since the City’s 2022-2023 total General Fund revenues are estimated at $27,177,583, Ceres is not at risk of exceeding the appropriations limit for 2022-23.

Ceres City CouncilJune 13, 2022

Ceres City Council
June 13, 2022