Ceres City Council
July 11, 2022

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, July 11, 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: James Casey (District 1); Vacant (District 2); Mike Kline (District 4)

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 2022-71 , AND THE FEDERAL AMERICANS WITH DISABI LITIES 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/88627901642?pwd=dld1elFZWndwRlM1WVdRbTdQNmc0QT09

Webinar ID: 886 2790 1642; Passcode: 280141; or Dial: (669) 900-6833

REMOTE PUBLIC COMMEN T 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]

AGENDA
Regular City Council Meeting
July 11, 2022

INVOCATION

Invocation by Jim Hanna, Ceres 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).

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

None

CONFLICT OF INTEREST DECLARATION

None

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 July 11, 2022 City Council meeting was posted on Wednesday, July 6, 2022. (City Clerk)

2. Waive Readings. All r eadings of o rdinances 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
a. Minutes of June 27, 2022 Regular City Council meeting. (City Clerk)

4. Register of Audited Demand(s) Dated June 22, 2022 through June 29, 2022. (Dias) AGENDA
Regular City Council Meeting
July 11, 2022

5. General Correspondence – Information Only
a. None

6. Resolution No. 202 2-81, Approving the Proposed Airspace and Roadway Easements within Tuolumne River Regional Park Gateway Parcel (APN: 102-016- 003) Necessary to Construct the 7th Street Bridge Replacement Project. (Waugh)

7. Resolution No. 2022-82, Approving the Use of ARPA Funds for Air Duct Cleaning of Various City Buildings to COIT Cleaning and Restoration and Authorizing the City Manager to Execute the Agreement. (Royal)

8. Resolution No. 2022 -83, A pproving the U se of Stanislaus County District Attorney’s Office Asset Seizure Gang/Drug Trust Funds to Purchase Field Interview System Equipment and Approving a Budget Amendment to Appropriate the Funds. (Collins)

9. Resolution No. 2022-84, Approving the Use of ARPA Funds to Purchase Security Cameras for S elect City Parks and City Yards and Authorizing Staff to Move Forward with the Purchase. (Collins)

10. Resolution No. 2022 -85, Authorizing the Sole Source Purchase of a Bauer Breathing Air Compressor and Fill Station from Bauer Compressors in the Amount of $78,796.52. (Wise)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

None

UNFINISHED BUSINESS

None

PUBLIC HEARING

None

NEW BUSINESS

None

DISCUSSION ITEMS

11. Resolution No. 2022-86, Approving the Master Property Tax Revenue Agreement with the County of Stanislaus and Authorizing the City Manager to Execute the Agreement. (Terrazas)
AGENDA
Regular City Council Meeting
July 11, 2022

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.)

12. Initiation of a P rocess to P lan for the R elocation/Building of a N ew City Hall (Requested by Vice Mayor Silveira)

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

None

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on July 25 , 202 2 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, Fallon Martin, 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 Wednesday, July 6, 2022, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street
• City Hall Display Case – 2720 2
nd Street
• City Hall Display Case – 2220 Magnolia Street

Fallon Martin, City Clerk
AGENDA
Regular City Council Meeting
July 11, 2022

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 majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2720 Second Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538- 5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II)

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in person)

City Council Chambers, 2701 Fourth Street
Monday, June 27, 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

M
ayor Lopez called the June 27, 2022 meeting to order at 6:00 p.m.

ROLL CALL – Present:

Ma
yor: Javier Lopez
Vice Mayor: Brett Silveira (District 3)
Councilmembers: James Casey (District 1) and Mike Kline (District 4) Note: District 2 - Vacant

District 1
Councilmember
Casey
District 2
Vacant
District 4
Councilmember
Kline
District 3
Vice Mayor
Silveira
Mayor Lopez
Present -- Present Present Present

INVOCATION

Provided by Pastor Jim Stochl, Harvest Presbyterian Church.

PLEDGE OF ALLEGIANCE

P
ledge of Allegiance was led by Mayor Lopez.

Mayor Lopez announced a correction to Consent Calendar item 17 on the agenda.

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

DRAFT MINUTES
Regular City Council Meeting
June 27, 2022

PRESENTATIONS

A. S
tanislaus Homeless Strategic Plan Implementation by Chairman of the Stanislaus Homeless Alliance Brad Hawn.

Council discussion included timing of the Point in Time (PIT) count, statistics related to the number of homeless in Stanislaus county, tracking of the homeless population, and youth programs.

Mayor Lopez asked for public comment.

John Warren spoke regarding a statewide database.

Rosalinda Vierra spoke regarding wrap around services and potential funding sources.

Mayor Lopez closed public comment.

B. The Retail Coach Presentation by Project Director Austin Farmer

Council discussion included receiving a list of potential businesses interested in coming to Ceres, developer preferences in types and sizes of properties they are interested in obtaining, and potential opportunities with the former Walmart site.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

C. State Water Emergency Regulation presentation by Public Works Superintendent Karen Morgan.

Karen Morgan, Public Works Superintendent provided information about the current state of California’s water supply, drought, and resources.

Mayor Lopez opened public comment. No one spoke. Mayor Lopez closed public comment.

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

C
hannce Condit spoke regarding the recently passed tax sharing agreement by the Stanislaus County Board of Supervisors and mentioned his attendance at Ceres’ Concert in the Park.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 27, 2022

David Pratt spoke regarding anonymity in making reports to the City, requested trees not be planted on corners and next to sidewalks, as well as maintenance of such.

APPOINTMENTS TO BOARDS/COMMISSIONS

N
one.

CONFLICT OF INTEREST DECLARATION

N
o Council conflicts were declared.

CONSENT CALENDAR

C
onsent Calendar items 7 and 8 were removed by Ceres resident, David Pratt.

A ction : Motion by Vice Mayor Silveira, seconded by Mayor Lopez, approving items 1 – 6 and 9 – 17. Motion carried 3/1 /0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor
Lopez
Yes No Yes Yes

1. Clerks Report of Posting. The agenda of the June 27, 2022 City Council meeting was posted on Wednesday, June 22, 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). (Interim City Clerk)

3. Approval of Minutes of the June 13, 2022 Regular City Council meeting. (Interim City Clerk)

4. Register of Audited Demands for Period covering June 7, 2022 through June 15, 2022. (Dias)

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

6. Resolution No. 2022 -66, Awarding a Landscaping and Janitorial Maintenance Contract with EMTS, Inc. to perform Landscape Maintenance Services for Smyrna ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 27, 2022

Park, River Bluff Park, and City rights -of-way, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Royal)

7. Removed for separate consideration.

8. Removed for separate consideration.

9. Resolution No. 2022-69, Authorizing Staff to submit an application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership to reimburse up to fifty percent (50%) of the purchase cost of ballistic vests for the Police Department. (Collins)

10. Resolution No. 2022 -70, Authorizing the City Manager to approve a Purchase Order with Shape, Inc. for the purchase of a FLYGT Pump for the Tranquil Storm Lift Station. (Royal)

11. Resolution No. 2022-71, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to A ssembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (Interim City Clerk)

12. Resolution No. 2022 -72, Approving an Update to the Ceres Economic Development Strategic Plan to be completed by Chabin Concepts, Inc. (Sims)

13. Resolution No. 2022 -73, Approving the use of ARPA funds for a sole source purchase of two (2) LIFEPAC 15 monitors/defibrillators and authorizing staff to move forward with the purchase. (Wise)

14. Resolution No. 2022-74, Authorizing the City Manager to Execute a Three- Year Intergovernmental Cooperation Agreement with Stanislaus County for Participation in the Urban County Community Development Block Grant (CDBG) Program Consortium for Fiscal Years 2023-2026. (Hoem)

15. Resolution No. 2022 -75, Authorizing the City Manager to Execute a One- Year Consortium Agreement with Stanislaus County for Participation in the HOME Investment Partnerships Program Consortium for Fiscal Year 2022- 2023.

Resolution No. 2022-76, Authorizing the City Manager to Execute a Three- Year Consortium Agreement with Stanislaus County for Participation in the HOME Investment Partnerships Program Consortium for Fiscal Years 2023- 2026. (Hoem)

16. Resolution No. 2022 -77, Authorizing the City Manager to enter into a contract (MOU) with Stanislaus Council of Governments (StanCOG) for the suballocation Regional Early Action Planning (REAP) Funds. (Hoem)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 27, 2022

17. Resolution No. 2022-78, Authorizing the Selection of JJACPA, Inc. to Perform the Annual Audit of the City of Ceres and Its Component Units for Fiscal Years Ending June 30, 2022. (Dias)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

C
onsent Calendar items 7 and 8 were handled concurrently.

Item
7 : Removed for separate consideration by Ceres resident, David Pratt

Resolution No. 2022-67, Approving the use of ARPA funds to purchase ten (10) additional all -in-one MDCs for Police vehicles and authorizing staff to move forward with the purchase. (Frederick)

David Pratt inquired as to number of police vehicles in the Police Department’s fleet.

A
ction : Motion by Vice Mayor Silveira, seconded by Mayor Lopez, approving item 7. Motion carried 3/1 /0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor
Lopez
Yes No Yes Yes

Item 8:

Removed for separate consideration by Ceres resident, David Pratt

Resolution No. 2022-68, Approving the use of ARPA funds to purchase thirty (30) new Cradlepoint wireless routers for Police vehicles and authorizing staff to move forward with the purchase. (Frederick)

A
ction : Motion by Vice Mayor Silveira, seconded by Mayor Lopez, approving item 8. Motion carried 3/1/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor
Lopez
Yes No Yes Yes

UNFINISHED BUSINESS

18. R
esolution No. 2022-59, Approving the Electric Vehicle Charging Station License Agreement with the Turlock Irrigation District and Authorizing the City Manager to Execute the Contract. (Royal)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 27, 2022

Council discussion included the location preferences and number of charging stations.

James Piersma, TID representative, responded with information related to the charging station being a pilot program and that only one station is being planned for at this time.

Mayor Lopez asked for public comment. The following members of the public spoke:

John Warren spoke regarding whether Turlock Irrigation District (TID) could expand by adding additional charging stations.

Gene Yeakley inquired as to project funding and requested the project area be returned to its original state.

Rosalinda Vierra inquired if one of the proposed locations would be better suited for future expansion.

Mayor Lopez closed public comment.

A
ction : Resolution No. 2022 -59, Approving the Electric Vehicle Charging Station License Agreement with the Turlock Irrigation District and Authorizing the City Manager to Execute the Contract (selecting site 1) was introduced by Vice Mayor Silveira, seconded by Councilmember Kline , and carried 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor
Lopez
Yes Yes Yes Yes

PUBLIC HEARING

19. C
ontinued from the June 23, 2022 City Council Meeting.

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)

E
ngineering Services Director/City Engineer, Kevin Waugh, presented the staff report.

Mayor Lopez opened the public hearing. No one spoke. Mayor Lopez closed the public hearing.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 27, 2022

Action: 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. was introduced by Council member Kline, seconded by Vice Mayor Silveira, and carried 4/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor
Lopez
Yes Yes Yes Yes

20. Re
solution 2022-79, Establishing the Annual Assessment Levy for the 2022- 23 Fiscal Year on the businesses in the Downtown Area defined in the Ceres Downtown Revitalization Area Board (CDRAB) Annual Report for the activities and programs of the Ceres Downtown Revitalization Area Board for Fiscal Year 2022-

23. (Sims)
Redev
elopment and Economic Development Manager, Anthony Sims, presented the staff report.

May
or Lopez opened the public hearing. No one spoke. Mayor Lopez closed the public hearing.

Action: Resolution No. 2022 -79, Establishing the Annual Assessment Levy for the 2022- 23 Fiscal Year on the businesses in the Downtown Area defined in the Ceres Downtown Revitalization Area Board (CDRAB) Annual Report for the activities and programs of the Ceres Downtown Revitalization Area Board for Fiscal Year 2022-2 3 was introduced by V
ice Mayor
Silveira, seconded by Councilmember Casey, and carried
3/1/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor
Lopez
Yes No Yes Yes

NEW BUSINESS

21. Res
olution No. 2022 -80, Approving a supplemental “Year 3 Optional Contract Extension” with The Retail Coach to provide ongoing Recruitment of Retailers and Developers for an additional 12 months as part of a Retail Recruitment & Development Strategy for Ceres and authorize the City Manager to execute the agreement. (Sims)
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 27, 2022

Redevelopment and Economic Development Manager, Anthony Sims, presented the staff report.

C
ouncil discussion included the desire to receive quarterly reports and/or one-on- one meetings to be updated on retail recruitment efforts.

M
ayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Action: R esolution No. 2022 -80, Approving a supplemental “Year 3 Optional Contract Extension” with The Retail Coach to provide ongoing Recruitment of Retailers and Developers for an
additional 12 months as part of a Retail Recruitment &
Development Strategy for Ceres and authorize the City Manager to execute the agreement was introduced by Vice Mayor
Silveira, seconded by Mayor Lopez, and carried 3/1/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor
Lopez
Yes No Yes Yes

DISCUSSION ITEMS

22. Tr
affic Calming Analysis Report: Canyon Drive
E
ngineering Services Director/City Engineer Kevin Waugh presented the staff report.

C
ouncil discussion included potential for installing speed cushions, pricing, and timing of installation.

M
ayor Lopez asked for public comment. The following members of the public spoke:

D
avid King spoke regarding employee efforts for installation of yellow striping, traffic issu es related to texting and speeding, and to empowering citizens with enforcement.

G
eorge Yeakley spoke regarding traffic safety issues and the potential to use Botts’ dots as a means of calming traffic.

J
ohn Warren spoke regarding installation of traffic signs at various locations to assist in slowing traffic.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 27, 2022

Mayor Lopez closed public comment.

COUNCILMEMBER REFERRALS

23. P
allet Yard Report (Requested by Councilmember Kline)
City Manager Terrazas presented information indicat ing the pallet yard does not have a business license with the City of Ceres and no sales tax payment record.

Additionally, he noted City staff is working with an auditor to determine any additional status and potential for imposing charges for back taxes.

New Referrals:
(Requested by Councilmember Kline)
Request for future councilmember referrals included Councilmember Kline’s request for Council to readdress and reconsider Resolution 2022-55, Safe Routes to School contract.

Action: No action will be taken. Council consensus was not achieved due to the following 2/2 vote:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira
Mayor
Lopez
Yes Yes No No

(Requested by Vice Mayor Silveira)
Request staff to explore options with relocating City Hall to a new or existing building and to include potential costs.

REPORTS

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

• Cit y Council

Vice Mayor Silveira spoke regarding Ceres’ Concert in the Park and commented on the positive turnout each week, food vendors, and great music.

Councilmember Casey spoke regarding improving communication between City staff and the community.

• City Manager

City Manager Terrazas introduced City of Ceres’ newly hired City Clerk, Fallon Martin.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 27, 2022

• Departments

Police Captain, Patrick Crane, spoke regarding the kickoff of the fireworks campaign.

• County Supervisor

County Supervisor, Channce Condit, spoke under the “C itizen Communications” section of the agenda.

CLOSED SESSION

24. L iability Claims , Cal. Gov’t Code §54956.95
“For the purposes of [Section 54956.9], ‘existing facts and circumstances’ shall consist only of one of the following: The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.”

Claimant: Walter W. Wells and Scott McFarlane

Claimed Against: City of Ceres

25. L
iability Claims , Cal. Gov’t Code §54956.95

“For the purposes of [Section 54956.9], ‘existing facts and circumstances’ shall consist only of one of the following: The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Cod e) or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.”

Claimant: Baljit Athwal and Daljit Atwal

Claimed Against: City of Ceres

Mayor Lopez announced the Closed Session items; there were no public comments.

REPORTS FROM CLOSED SESSION

C
ity Attorney Tom Hallinan reported that direction was given to staff.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 27, 2022

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on July 11, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Ther
e being no further business, Mayor Lopez adjourned the meeting at 9:37 p.m. ___
__________________________
Javier Lopez, Mayor
____________________________
Fallon Martin, City Clerk
Co
nsistent with Council Policy, the minutes referenced above are in A ction Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.

ITEM 3
ITEM 3
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4

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: July 11, 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 -81, Approving the Proposed Airspace and Roadway Easements within Tuolumne River Regional Park
Gateway Parcel (APN: 102-016-003) Necessary to Construct the 7th Street Bridge Replacement Project.

RECOMMENDED COUNCIL ACTION:

Staff recommends approving the proposed airspace and r oadway easements within Tuolumne River Regional Park Gateway parcel (APN: 102- 016-003) necessary to construct the 7 th Street Bridge Replacement Project.

I. BACKG ROUND:

The historic 7th Street Bridge is planned to be replaced by a newly designed structure to correct structural and hydraulic deficiencies, increase capacity of the 7 th Street Corridor, and improve safety for pedestrians, bicyclists, and motorists. This effort is being coordinated with the County of Stanislaus Public Works Department, City of Modesto, California Department of Transportation, and Federal Highway Administration.

The 7
th Street Bridge Replacement Project will have direct impacts on the Tuolumne River Regional Park (TRRP) Gateway parcel (APN: 102-016-003) as shown on the attached 7th Street Right-Of-Way Exhibit, Airspace Easement Plat and Legal, and Roadway Easement Plat and Legal. This parcel is jointly owned by Stanislaus County, City of Modesto, and City of Ceres, collectively the TRRP Joint Powers Authority (JPA).

Two areas of this parcel will be impacted. The first is an area to the east of the existing 7th Street Bridge in which the new bridge will expand and have both aerial and surface impacts to the TRRP parcel underneath the new bridge. The second is an area near Tuolumne Boulevard and west of the existing 7
th Street Bridge, in which the new bridge will expand
and have both aerial and surface impacts to the adjacent TRRP parcel. Further, due to the ITEM 6
extra width of the bridge deck, additional shade and shadowing will be present in the Gateway Park, thus requiring an airspace easement.

II. RE ASONS FOR RECOMMENDATIO N:

This item was considered by the TRRP Citizens Advisory Committee on January 20, 2021 and by the TRRP Joint Powers Association Commission on February 10, 2021, which both provided conceptual approvals of the 7th Street Bridge Replacement Project Impacts.

There are development restrictions on the property due to grant funding obtained through California State Parks. As a result, the Project was presented to California State Parks through the Office of Grants and Local Services (OGALS). Since the Project has a Class I bike trail on the west side of the new bridge there is no negative impact to the park. OGALS issued a letter to the City on March 11, 2022, in which they determined the Project would not be considered a conversion of park land under the Land and Water Conservation Fund (LWCF) guidelines. In short, the Project will not need to purchase replacement park land to mitigate the impacts to the park because there are no negative impacts. OGALS has indicated that since construction staging could impact the park temporarily. T hey will provide the Project with a temporary non-conforming use approval during Construction.

III. F
ISCAL IMPACTS :

There is no direct fiscal impact associated with the approval of the Airspace and Roadway Easement for the 7th Street Bridge Replacement Project.

IV. E XISTING 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. P
OLICY ALTERNATIVES :

The City Council can choose to not grant the airspace and roadway easements; therefore, delaying the project from receiving clearance from oversight right of way authorities.

VI. I
NTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department , Planning Division, and Recreation Department.

VII. P UBLIC PARTICIPATION:

The TRRP Citizens Advisory Committee and TRRP Joint Powers Association Commission approved the conceptual impacts for this project.

VIII. EN VIRONMENTAL REVIEW :

The Project uses federal funds from FHWA and is therefore subject to federal as well as state environmental review requirements. An Environmental Assessment (EA) and Section 4(f) Evaluation with Finding of No Significant Impact (FONSI) was approved by Caltrans in August 2019 in compliance with the requirements of the National Environmental Policy Act ITEM 6
(NEPA). An Environmental Impact Report (EIR) was certified by the County of Stanislaus in May 2017 in compliance with the California Environmental Quality Act (CEQA).

IX. ST EPS FOLLOWING APPROVAL :

Approve the a irspace and r oadway easements . A resolution will be provided to coordinating agencies so project can proceed through right of way clearance.

Approved by: _________________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. 7
th Street Right-Of-Way Exhibit

3. Airspace Easement Plat and Legal

4. Roadway Easement Plat and Legal

ITEM 6
ITEM 6
RESOLUTION NO. 2022-81

APPROVING THE PROPOSED AIRSPACE AND ROADWAY

EASEMENTS WITHIN TUOLUMNE RIVER REGIONAL PARK
GATEWAY PARCEL (APN: 102-016-003) NECESSARY TO
CONSTRUCT THE 7TH STREET BRIDGE REPLACEMENT PROJECT

THE CITY COUNCIL
City of Ceres

WHEREAS, in cooperation with the County of Stanislaus Department of Public Works, City of Modesto, California Department of Transportation, and Federal Highway Administration to replace the 7
th Street Bridge over the Tuolumne River; and

WHEREAS, the 7
th Street Bridge Replacement Project (Project) will have direct impacts on the APN 102- 016-003 Tuolumne River Regional Park (TRRP) Gateway parcel; and

WHEREAS, the parcel is jointly owned by Stanislaus County, City of Modesto, and City of Ceres and two areas of this parcel will be impacted; and

WHEREAS, the first area is east of the existing 7
th Street Bridge in which the new
bridge will expand to the east and have both aerial and surface impacts to the TRRP parcel underneath the new bridge; and

WHEREAS, the second area is near Tuolumne Boulevard and west of the existing 7 th Street Bridge in which the new bridge will expand west and have both aerial and surface impacts to the adjacent TRRP parcel; and

WHEREAS, this item was heard by the TRRP Citizens Advisory Committee on January 20, 2021, and by the TRRP Joint Powers Association Commission on February 10, 2021, which both provided conceptual approvals of the 7 th Street Bridge Replacement
Project Impacts; and

WHEREAS, there are development restrictions on the property due to grant funding obtained through California State Parks; and

WHEREAS, the Project was presented to California State Parks through the Office of Grants and Local Services (OGALS) and since the Project has a Class I bike trail on the west side of the new bridge there is no negative impact to the park; and

WHEREAS, OGALS issued a letter on March 11, 2022, in which they determined that the Project would not be considered a conversion of park land under the Land and Water Conservation Fund (LWCF) guidelines; and

WHEREAS, the Project will not need to purchase replacement park land to mitigate the impacts to the park because there are no negative impacts and OGALS has ITEM 6
indicated that since construction staging could impact the park temporarily they will provide the Project with a temporary non- conforming use approval during construction; and

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ceres that it hereby approves the proposed airspace and roadway easements within Tuolumne River Regional Park Gateway parcel (APN: 102 -016-003) necessary to construct the 7
th Street Bridge Replacement Project.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11th day of July, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_______________________________
Javier Lopez, Mayor

ATTEST:

__________________________________
Fallon Martin, City Clerk

ITEM 6
7TH STREET PLAN

STANISLAUS COUNTY

STANISLAUS COUNTY, CALIFORNIA
1 7TH STREET BRIDGE

REPLACEMENT PROJECT

RIGHT OF WAY EXHIBIT
1 CALL BEFORE YOU DIG
ITEM 6
ITEM 6

EXHIBIT “A”

AIRSPACE EASEMENT

LEGAL DESCRIPTION
All that real property situated in Stanislaus County, State of California, being a portion of Sections 32 and 33, Township 3 South, Range 9 East, Mount Diablo Base & Meridian, and described in the GRANT DEED to County of Stanislaus, a political corporation of the State of California, City of Modesto, a municipal corporation of the State of California, and the City of Ceres, a municipal corporation of the State of California, recorded May 22, 1996 in Document Number 96-0040771-00, Official Records of Stanislaus County, more particularly described as:

PARCEL 1
Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 14°10’21” East, 853.94 feet to the westerly right of way of 7th Street Bridge as shown on County Survey No. 293, dated October 6, 1908 and as shown on that ce
rtain STATE OF CALIFORNIA HIGHWAY MAP dated December
14, 1912 and the Point of Beginning; thence along said westerly right of way of 7th Street Bridge, North 11°56’47”
West, 832.28 feet; thence leaving said westerly right of way of 7th Street
Bridge, South 76°09’36” East, 50.00 feet; thence South 13°50’24” East 83.34 feet; thence South 19°15’32” East 238.25 feet; thence South 13°50’24” East, 511.30 feet to said westerly right of way of 7th Street Bridge and the Poi nt of Beginning.

Containing 15,981 square feet or 0.37 acres, more or less.

PARCEL 2
Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 ITEM 6

in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 10°07’14” West, 528.33 feet to the easterly right of way of 7th Street Bridge, as shown on said County Survey No. 293 and on said

STATE OF CALIFORN
IA HIGHWAY MAP, and the Point of Beginning; thence along said easterly right of way of 7th Street Bridge, North 11°56’47” West, 1159.17 feet; thence leavi
ng said easterly right of way of 7th Street Bridge, North 76°09’36” West, 30.61 feet to a point on t
he westerly right of way of Southern Pacific Railroad as shown on that certain RECORD of SURVEY, filed April 10, 1998 in Volume 24 of Surveys at Page 38, Official Records of Stanislaus County; thence along said westerly right of way of Southern Pacific Railroad, South 13°20’40” East, 1167.05 feet; thence leaving said westerly right of way of Southern Pacific Railroad, South 84°21’48” East, 56.40 feet to said easterly right of way of 7th Street Bridge and the Poi
nt of Beginning.

Containing 52,100 square feet or 1.20 acres, more or less.

The basis of bearings for this description is the bearing between published monument #2224 & #2324, as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, having a bearing of South 12°46'40" West.

Grid distances shown are in US Survey feet, divide the distances shown above by 0.99993 to obtain ground level distances.

ITEM 6

This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act.

3/11/2022
Sam McIntyre, LS 9313 Date ITEM 6
SHEET 1 OF 2
Exhibit B
Airspace Easement
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTIONS 32,33
T3S, R9E M.D.M.

ITEM 6
SHEET 2 OF 2
Exhibit B
Airspace Easement
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTIONS 32,33
T3S, R9E M.D.M.

SCALE 1" = 200'
100 4002000
Feet
ITEM 6
ITEM 6

EXHIBIT “A”

RIGHT-OF-WAY-DEDICATION

LEGAL DESCRIPTION
All that real property situated in Stanislaus County, State of California, being a portion of Sections 32, Township 3 South, Range 9 East, Mount Diablo Base & Meridian, and described in the GRANT DEED to County of Stanislaus, a political corporation of the State of California, City of Modesto, a municipal corporation of the State of California, and the City of Ceres, a municipal corporation of the State of California, recorded May 22, 1996 in Document Number 96-0040771-00, Official Records of Stanislaus County, more particularly described as:

PARCEL 1:

Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 13°04’25” East, 1685.90 feet to the westerly right of way of 7th Street Bridge as shown on County Survey No.293 dated October 6, 1908 and as shown on that ce
rtain STATE OF CALIFORNIA HIGHWAY MAP dated December
14th, 1912 and the P oint of Beginning; thence along said westerly right of way of 7th Street Bridge, North 11°56’47”
West, 36.79 feet; thence leaving said westerly right of way of 7th Street
Bridge, South 53°06’36” West, 0.28 feet to the westerly right of way of 7th street as shown on that cert
ain RECORD of SURVEY, filed April 10, 1998 in Volume 24 of Surveys at Page 38, Official Records of Stanislaus County; thence along said westerly right of way of 7th Street, North 13°20’40” West, 80.00 feet; thence leaving said westerly right of way of 7th Street
and along the North line of said GRANT DEED, South 53°06’36” West, 65.91 feet; thence leaving said North line, South 13°50’24” East 90.85 feet; thence North 76°09’36” East, 59.00 feet, to the westerly right of way of 7th Street Bridge and the Poi nt of Beginning.

Parcel 1 Containing 6,227 square feet or 0.14 acres, more or less.

ITEM 6

PARCEL 2:

Commencing at a 2” Brass Disc identified as #2224 as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, which bears South 12°46’40” West. 4739.30 feet from a 2” Brass Disc identified as #2324 as shown on said RECORD OF SURVEY; thence North 11°22’30” East, 1687.31 feet to the easterly right of way of 7th Street Bridge as shown on said County Survey No. 293, and said STATE

OF CALIFO
RNIA HIGHWAY MAP, and the Point of Beginning; thence along said easterly right of way of 7th Street Bridge, North 11°56’47” West, 58.40 feet to a point on the southerly l
ine of 7th Street as shown on said RECORD of SURVEY filed in Volume 24 of Surveys at Page 38; t
hence along said southerly line, North 53°06’36” East, 31.84 feet to the westerly right of way of Southern Pacific Railroad, as shown on said RECORD of SURVEY filed in Volume 24 of Surveys at Page 38; thence along said westerly right of way of Southern Pacific Railroad, South 13°20’40” East, 70.83 feet; thence leaving said westerly right of way of Southern Pacific Railroad, South 76°09’36” West, 30.61 feet to said easterly line of 7th Street Bridge and the Poi
nt of Beginning.

Parcel 2 Containing 1,927 square feet or 0.04 acres, more or less.

The basis of bearings for this description is the bearing between published monument #2224 & #2324, as shown on the AMENDED CITY OF MODESTO RECORD OF SURVEY G.P.S. CONTROL NETWORK, filed March 30, 1995 in BOOK 22 OF SURVEYS AT PAGE 51, Official Records of Stanislaus County, having a bearing of South 12°46'40" West.

Grid distances shown are in US Survey feet, divide the distances shown above by 0.99993 to obtain ground level distances.

ITEM 6

This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act.

3/11/2022
Sam McIntyre, LS 9313 Date ITEM 6
Exhibit B
Right-Of-Way Dedication
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTION 32
T3S, R9E M.D.M.

SHEET 1 OF 2
ITEM 6
Exhibit B
Right-Of-Way Dedication
APN 102-016-003
Plat to Accompany Legal Description
In the City of Modesto
Stanislaus County, California
PORTION OF SECTION 32
T3S, R9E M.D.M.

SCALE 1" = 100'
50 2001000
Feet
SHEET 2 OF 2
ITEM 6
ITEM 6

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: July 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (209) 538-5617
SUBJECT:

Resolution No. 2022-82, Approving the Use of ARPA Funds for Air Duct Cleaning of Various City Buildings by COIT Cleaning and Restoration and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the use of $145,500.00 of ARPA funds for the air duct cleaning of the Community Center, Legion Hall, City Hall, Annex, and Public Safety buildings.

I. BACKGROUND:

On April 11, 2022, the City Council approved a mid- year budget amendment which included the approval of utilizing ARPA funds for various projects.

Air duct cleaning and maintenance for City buildings is necessary for maintaining healthy airflow throughout structures. It is important for the company who performs this maintenance be a member of the National Air Duct Cleaning Association (NADCA) and Alliance Environmental which certifies that companies are professional in cleaning, standards, practices, and ethics since they will be working in sensitive areas/departments.

Some of this work will need to be performed outside of regular business hours to mitigate interruption of services to the public. Air duct cleaning has not been completed on any of the buildings included in this request since the initial installation years ago.

II. REASONS FOR RECOMMENDATION:

Quotes were requested from three companies; however, COIT Cleaning and Restoration was the only responsive company. COIT is NADCA, Alliance Environmental certified, and can complete the project within 15 days from the commencement of work.

ITEM 7
III. FISCAL IMPACTS:

Staff requests the use of ARPA funds for this project, totaling $145,500.00 from account 21941.028900.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

In accordance with the Infrastructure section of the Strategic Plan to “Ensure that the community has adequate, well-maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy.”
V. P OLICY ALTERNATIVES:

Do not appropriate the funds for this project and skip the cleaning and maintenance of the air ducts which may allow allergens, irritants, and moisture to accumulate in the ducts and possibly grow mold and mildew that will contaminate airflow in City buildings.

VI. INTERDEPARTMENTAL COORDINATION:

There has been no interdepartmental coordination.

VII. STEPS FOLLOWING APPROVAL:

The Finance Director to appropriate the funds and execute the purchase order.

Approved by: ___________________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Quote
ITEM 7
RESOLUTION NO. 2022-82

APPROVING THE USE OF ARPA FUNDS FOR AIR DUCT CLEANING

OF VARIOUS CITY BUILDINGS TO COIT CLEANING AND

RESTORATION AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT

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; and

WHEREAS, air duct cleaning and maintenance in C ity buildings is necessary for maintaining healthy airflow; and

WHEREAS, the City building that will have air duct cleaning performed will be the Community Center, Legion Hall, City Hall, Annex, and Public Safety buildings; and

WHEREAS, the cleaning of the air ducts in the specified buildings has not been performed since the installation of the ducts; and

WHEREAS, only one quote received was from COIT Cleaning and Restoration, a National Air Duct Cleaning Association and Alliance Environmental certified company ; and

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby approve the use of ARPA funds for air duct cleaning of various City buildings to COIT Cleaning and Restoration and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11th day of July 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7

EXHIBIT A
ITEM 7

EXHIBIT A
ITEM 7

EXHIBIT A
ITEM 7

EXHIBIT A
ITEM 7

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of
California, this 11th day of July 2022, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and COIT Cleaning and Restoration, hereinafter referred to as "CONTRACTOR".

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES / PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide the contracted services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the CITY entering into this Agreement, CONTRACTOR represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by contractors in similar circumstances in accordance with sound practices and that CONTRACTOR is experienced in performing the work and services contemplated herein. CONTRACTOR covenants that it will follow sound practices and standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.

2. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

ITEM 7

3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

4. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that
CONTRACTOR: (a) has thoroughly investigated and considered the Scope of Services to be performed; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR’S risk until written instructions are received from the Contract Officer.

5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

ITEM 7

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONTRACTOR, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by City Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation, therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective August 1, 2022 and will continue in effect until October 1, 2022 or when completed due to scheduling within a sufficient amount of time, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

8. COMMENCEMENT OF WORK
CONTRACTOR shall not undertake any work or incur any costs whatsoever under the terms of this Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONTRACTOR prior to receipt of a purchase order shall be at CONTRACTOR’S expense.

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Exhibit A, the amount not to exceed $145,500.00.

ITEM 7

10. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services as provided in Exhibit A, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, if the extension is determined, in the sole discretion of the Contract Officer, to be justified and reasonable.

The Contract Officer’s decision shall be final.

12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

ITEM 7

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

14. SUBCONTRACTING
Should the CONTRACTOR elect to engage any subcontractor(s) to perform any portion of the work, CONTRACTOR shall provide the CITY written notice of the name, address, telephone number, and State contractor’s license number of each such subcontractor, together with proof of workers’ compensation coverage for each such contractor. CONTRACTOR shall remain fully responsible for all acts or omissions of said subcontractors, their employees, agents or assigns.

15. INTEREST OF CONTRACTOR
CONTRACTOR warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.

16. RECORDS
CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the work required by this Agreement and enable the Contract Officer to evaluate the performance of such work.

ITEM 7

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (5) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services, and CONTRACTOR shall not be required to perform any such additional services.

18. INDEPENDENT CONTRACTOR
All acts of CONTRACTOR, his agents, officers, and employees 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. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONTRACTOR, his agents, officers and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

ITEM 7

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 the 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.

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 requirement of law shall be determined by the CONTRACTOR.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

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.

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to ITEM 7

the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name: COIT Cleaning and Restoration
Address: 4210 Kiernan Ave
Modesto, CA 95356
Attention: Do n Camping
Phone: (209)545-2648

FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.

Ceres, CA 95307
Attention: Sam Royal
Phone: (209) 538-5617

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit B.

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONTRACTOR, dishonesty, or theft.

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement ITEM 7

shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty, or theft.

Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Agreement effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event, CITY shall give CONTRACTOR not less than 30 days written notice.

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors, and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the ITEM 7

percentage of work completed on the termination date; this percentage shall be determined by CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONTRACTOR, CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

22. INDEMNITY
CONTRACTOR shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, 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.

23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

24. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by ITEM 7

CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

25. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

26. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

27. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONTRACTOR'S charges to CITY under this Agreement.

CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

28. CONTRACT BONDS
CONTRACTOR shall provide in accordance with Sections 3247 and 3248 of the California Civil Code a payment bond for not less than 100% of the contract price.

CONTRACTOR shall also provide a faithful performance bond for not less than 100% of the contract price. All bonds must be executed by a corporate surety licensed to conduct business in the State of California and approved by the CITY.

ITEM 7

29. PAYMENT OF REVAILING WAGES
CONTRACTOR shall pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.

30. WARRANTY
CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.

Should the CITY give written notice to the CONTRACTOR of any defects in the work of improvement within the said one year period, CONTRACTOR shall cause all necessary repairs or replacements to be made without cost to the CITY. Should CONTRACTOR fail to make the required repairs or replacements within thirty (30) days from receipt of notice from the CITY, the CITY may cause the repairs or replacements to be made by contract with a third party or by use of CITY forces. The cost of such repairs or replacements shall be paid by the CONTRACTOR. Should CONTRACTOR fail to make payment for the cost of said repairs or replacements, in addition to the cost of said repairs or replacement CONTRACTOR shall pay the CITY’s actual cost of litigation including at witness fees.

31. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the ITEM 7

California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

32. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

33. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

34. CITY BUSINESS LICENSE
CONTRACTOR will have a CITY of Ceres business license, as required.

35. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

ITEM 7

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated , 2022 Dated , 2022
CITY OF CERES, a municipal corporation CONTRACTOR (COIT) By By
Alex Terrazas, City Manager Signature

Typed name/title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Tom Hallinan, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk
ITEM 7

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONTRACTORS

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 and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Offices (ISO) Commercial General Liability coverage (occurrence Form CG 00 01).

2. Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$2,000,000 per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general 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.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage

3. Workers’ Compensation $1,000,000 Vendor shall maintain Worker’s Compensation
Insurance (Statutory Limits)
and Employer’s Liability
Insurance with limits of at
least one million dollars
($1,000,000).

ITEM 7

4. Employer’s Liability: $1,000,000 Per accident for bodily injury or disease.

If the contractor maintains higher limits than the minimums shown above, the entity shall be entitled to coverage at the higher limits maintained by the contractors.

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions

The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The entity, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and 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 coverage can be provided with two endorsement forms: 1) in the form of an additional insured endorsement to the Contractor’s insurance or as a separate owner’s police (CG 20 10 11 85 or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language. A later edition of the CG 20 10 form along with the CG 20 37 coverage form will give some protection to the entity for specific locations.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 7

prior written notice by certified mail, return receipt requested, has been given to the entity.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Waiver of Subrogation

Contractor hereby agrees to waive subrogation which any insurer of contractor may acquire from contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the entity. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VII depending on various circumstances.

It is also recommended that the insurer for the contractor/consultant/vendor/lessee be “admitted” in California. This means that the insurer is licensed to do business in California, is subject to his insurance regulations and contributes to the guarantee fund.

However, there may be situations where a non-admitted insurer will have more financial strength (and the ability to respond to claims) than some admitted insurers. Please contact your broker, legal counsel or BRS when faced with this situation.

Those recommendations are applicable to almost any risk and exposure discussed in this manual.

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 7

copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

ITEM 7

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: July 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Rick Collins, Chief of Police
[email protected], (209) 538-5725
SUBJECT:

Resolution No. 2022 -83, Approving the U se of Stanislaus County District Attorney’s Office Asset Seizure Gang/Drug Trust Funds to Purchase Field Interview System Equipment and A pproving a Budget Amendment to Appropriate the Funds.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve the use of Stanislaus County District Attorney’s Offic e Asset Seizure Gang/Drug Trust Funds to purchase Field Interview System Equipment and approve a budget amendment to appropriate the funds.

I. BACKGROUND:

The Ceres Police Department requisitioned and was granted $8,800.00 from the Stanislaus County District Attorney’s Office A sset Seizure Gang/Drug Trust Fund. The Gang/Drug Trust Funds are ear -marked for Law Enforcement Agencies in Stanislaus County to be used to educate the public and to enhance the enforcement of gang and drug laws in the community.

The Stanislaus County District Attorney’s Office approved the Trust Funds to be utilized by the Ceres Police Department for the purchase of eighteen (18) iPad Minis for the Patrol Division to be used during field interviews.

II. REASONS FOR RECOMMENDATION:

The iPad Minis will improve the Ceres Police Department’s ability to identify and track street-level narcotic dealers and gang members through an enhanced field interview system. The iPad Minis will allow Officers to input data and photographs that have been collected during field interviews directly into our Records Management System (RIMS).

ITEM 8
III. FISCAL IMPACTS:

The average cost of a single iPad is approximately $490.00. The cost for eighteen unit s would be $8,800.00. The allotted funds from the Stanislaus County District Attorney’s Office Asset Seizure Gang/Drug Trust Funds will cover the purchase costs of the iPad Minis with no fiscal impact to the City budget.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Government Operations: An approval to utilize the asset seizure funds for the purchase of these devices will assist the Ceres Police Department in meeting our goals and objectives of “…providing quality services to meet community needs.” V. POLICY ALTERNATIVES:

Council could choose to not approve the authorization of the Trust Funds to be utilized for the purchase of the iPad Minis. If not approved, the $8,800.00 in Trust Funds will be returned to the Stanislaus County District Attorney’s Office.

IX. STEPS FOLLOWING APPROVAL:

The Finance Department will process the attached budget amendment and make the necessary accounting entries for staff to move forward with the purchase of the iPad Minis.

Approved by: ____________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Budget Amendment
ITEM 8
RESOLUTION NO. 2022-83

APPROVING THE USE OF STANISLAUS COUNTY DISTRICT
ATTORNEY’S OFFICE ASSET SEIZURE GANG/DRUG TRUST FUNDS

TO PURCHASE FIELD INTERVIEW SYSTEM EQUIPMENT AND

APPROVING A BUDGET AMENDMENT TO APPROPRIATE THE
FUNDS

THE CITY COUNCIL
City of Ceres

WHEREAS, the Ceres Police Department requisitioned and was granted $8,800.00 from the Stanislaus County District Attorney’s Office Asset Seizure Gang/Drug Trust Fund to be utilized for the purchase of eighteen (18) iPad Minis for use during field interviews; and

WHEREAS, the Stanislaus County District Attorney’s Office Asset Seizure Gang/Drug Trust Funds are ear -marked for Law Enforcement Agencies in Stanislaus County to use to educate the public and enhance the enforcement of gang and drug laws; and

WHEREAS, the cost to purchase eighteen (18) iPad Minis will be $8,800.00 and will have no fiscal impact on the City budget; and

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby approve the use of Stanislaus County District Attorney’s Office Asset Seizure Gang/Drug Trust Funds to purchase field interview system equipment and approves a budget amendment to appropriate the funds.

BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11
th day of July, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor

ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2022-83 dated July 11, 2022 authorizing appropriations for iPad Mini laptop computers for Patrol as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Seized Funds – Police 294 10 050200 $8,800.00

Requested Appropriation $8,800.00
2022 - 2023 Current Appropriation + $0.00
Total Appropriation $8,800.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue $
2022 - 2023 Current Estimated Revenue + $
Total Estimated Revenue $

Fiscal Impact: Revenue funds were received in June of FY 21-22 and there were expenditure restrictions. Funds will be spent in FY 2022-23. It was too late to take to Council for approval before the end of the 2021-22 FY.

ITEM 8
ITEM 8

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: July 11, 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 -84, Approving the Use of ARPA F unds to Purchase Security Cameras for S elect City Parks and City Yards and Authorizing Staff to Move Forward with the Purchase.

RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approves the use of ARPA funds to purchase Security Cameras for select City parks and City yards.

I. BACKGRO UND:

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 security cameras for select City parks and City yards.

The i
nstances of vandalism over the past five years have grown exponentially and has made the need for security cameras in our City parks no longer a desire, but a necessity.

II. REASONS FOR RECOMMENDATION:

City parks have a tendency to become a hotspot for illicit activities, especially under the cover of night. Security cameras in C ity parks allow police officers and other authorized City officials to view the cameras at any time of the day or night to ensure parks are safe and in good order, thus making the parks a City asset rather than a City liability.

In the past two and a half years, City parks have seen an upswing in vandalism and other crimes which include : graffiti; damage to playground equipment, trees, restrooms, sprinklers, and wells; stolen plaques; damaged fencing; trash emptied onto lawn areas; fires, both external and in trash cans; dumping of garbage; damage to the lawn areas ; ITEM 9
vehicle break-ins; fights; side shows; illegal vendors; alcohol use; smoking marijuana in the presence of children; and on-going issues with the homeless.

The cameras being purchased will have a variety of features. All of them will have night vision and live feed with the capability of being accessed via cell phone or computer. Some of the cameras will also have the pan- tilt-zoom option (PTZ), red and blue flashing lights and signage indicating the park is being monitored by Ceres PD, and a talk-down speaker which allow an authorized person to speak through the system remotely.

There will be a total of thirty -three (33) cameras and eleven (11) gateways purchased to be installed at the following parks and City yards, which have been chosen due to their high volume of activity and crime:

• River Bluff, to include Lower River Bluff
• Smyrna Park, to include the skate park and City yard
• Roeding Heights Park, to include the tennis courts and gazebo • Strawberry Fields Park
• Whitmore Park, to include the gazebo

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

III. F ISCAL IMPACTS :

Council approved the use of up to $300,000 in ARPA funds for this project per Resolution 2022-31. Staff received a quote from EPIC iO Technologies, Inc. in the amount of $498,750 to fund this project for five (5) years. The quoted amount, $498,750, includes the cost for cameras, gateways, and installation. Additionally, this amount includes the annual subscription fee for support, and maintenance.

Staff would like Council to note that the Quote and Site Design Documents are in the name of “IntelliSite.” During the course of working on this project, IntelliSite went through a name change to EPIC iO Technologies, Inc. Official documents showing the name change are attached.

The quoted amount of $498,750 is $200,000 over the approved allocated amount for this project. However, the Police Department Building Security Project was allocated $250,000 of ARPA Funds, but only required $20,000 to upgrade the existing Key Card system. Staff recommends reallocating $200,000 of unused funds from the PD Building Security Project to fully fund this project.

This project will be fully funded for five (5) years. Prior to the end of the five -year term Police Department staff will evaluate the effectiveness of the camera system and develop recommendations for Council’s consideration.

ITEM 9
IV. POLICY ALTERNATIVES:

Council could choose to not approve the purchase of these cameras which would result in City parks and yards to continue to experience vandalism and crime with no mechanism in place for preventing such acts.

V. ST EPS FOLLOWING APPROVAL :

Upon City Council approval staff will make the necessary purchase of the cameras from EPIC iO Technologies, Inc. and the Finance Department will reallocate the unused funds from the PD Building Security Project. If approved installation will occur in approximately 60-90 days.

Approved by: ________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Budget Amendment

3. Quote from Intellisite

4. Project Site Design

5. Sole Source Letter

ITEM 9
ITEM 9

RESOLUTION NO. 2022-84

APPROVING THE USE OF ARPA FUNDS TO PURCHASE SECURITY CAMERAS

FOR SELECT CITY PARKS AND CITY YARDS AND AUTHORIZING STAFF TO

MOVE FORWARD WITH THE PURCHASE

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 at the Police Department, including the purchase of cameras for select City parks and City yards; and

WHEREAS, the City parks and City yards have seen an upswing in vandalism and other crimes over the past two and a half years making the purchase of cameras a necessity; and

WHEREAS, the purchase of cameras for select City p arks and City yards will provide a mechanism for preventing these acts; and

WHEREAS, the purchase of cameras will have no fiscal impact on the City; and

NOW, THEREFORE, BE IT RESOLVED , that the Ci ty Council of the C ity of Ceres does hereby approve the use of ARPA funds to purchase secur ity cameras for select City parks and City yards 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 11
th day of July 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Member:

ABSTAINED: Council Member:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk

ITEM 9
ITEM 9

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2022-84 dated July 11, 2022 authorizing appropriations for ARPA Fund Projects as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
ARPA FUND 219 10 050800 $200,000.00
ARPA FUND 219 95 800500 -$200,000.00

Requested Appropriation $300,000.00
2022 - 2023 Current Appropriation + $200,000.00
Total Appropriation $500,000.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue $
2022 – 2023 Current Estimated Revenue + $
Total Estimated Revenue $

Fiscal Impact: NONE: MOVING FROM ONE ACCOUNT TO ANOTHER. THE

POLICE BUILDING SECURITY SYSTEM PROJECT CAME IN UNDER BUDGET AND THE PARKS CAMERA PROJECT CAME IN OVER BUDGET.

ITEM 9
ITEM 9
We have prepared a quote for you
Ceres PD - Parks SCAAS
Quote # 001395
Version 1
Prepared for:

City of Ceres Police Department
Patrick Crane
[email protected]
ITEM 9
Friday, June 24, 2022
City of Ceres Police Department
Patrick Crane
2727 Third Street
Ceres, CA 95307
[email protected]
Dear Patrick,
IntelliSite’s Smart Community as a Service (SCaaS) brings immediate value to local communities across the country as an affordable monthly subscription. Delivered as a cloud-based or on-premises solution, IntelliSite SCaaS addresses the needs of today’s communities with the latest state-of-the-art safety and security monitoring solutions.

IntelliSite's SCaaS solution helps communities efficiently and cost-effectively manage safety and security with the intent to reduce crime rates. IntelliSite offers a complete video management solution featuring AI-based edge analytics, sensors, video recording, LED lighting and loudspeakers. IntelliSite provides remote and interactive access to video footage via fiber or LTE/cellular networks.

IntelliSite is with you every step of the way. IntelliSite will help you plan, design, implement and operate your IoT, Safety and Security and Computer Vision deployments. IntelliSite offers a turnkey solution paired with best-in-class customer experience. Please do not hesitate to reach out to me with your questions and concerns. I can be reached at [email protected].

Thank you and I look forward to working with you.

Elpidio
IntelliSite, LLC
Page: 2 of 4
ITEM 9
Subscriptions - 5 Year (Annual Pricing)
Product Details Quantity
IOT-UIGAI-5YR UIG with AI Capability - 5 Year Rental
Rugged edge compute gateway with AI capability. Remote site design included. 5 year rental.
11 IOT-CARE-PKG-5YR IntelliCare Maintenance Plan - 5 Year Subscription The IntelliCare Maintenance Plan covers system health monitoring, remote support, and advanced replacement per system. 5 year subscription. 11 IOT-DI-ADV-5YR DeepInsights Advanced AI - 5 Year Subscription On-camera video analytics, DeepInsights dashboard and video management, and AI software license (module). 5 year subscription.
32 DVAI-SMVR-5YR DeepInsights AI Module: Vehicle Recognition (LPR) Vehicle make, model, color, and license plate recognition with real-time alerting. 5 year subscription.
1 IOT-CAM-BLT-5YR Fixed Bullet Camera - 5 Year Rental
2 megapixel outdoor IR bullet camera. 5 year rental.
26 IOT-CAM-PTZ-5YR PTZ Outdoor Dome Camera - 5 Year Rental Pan-tilt-zoom (PTZ) outdoor dome camera. 5 year rental. 6 Annual - 5 Year Subtotal: $92,600.00
Services
Description Price Qty Ext. Price
IOT-UIG-OSFI UIG On-Site Field Install
IntelliSite UIG field install, per UIG. Excludes permit and travel costs.
$3,000.00 11 $33,000.00
Subtotal: $33,000.00
Page: 3 of 4
ITEM 9
Ceres PD - Parks SCAAS
Prepared by: Prepared for: Quote Information:

IntelliSite, LLC City of Ceres Police Department Quote #: 001395 Elpidio
9176206979
[email protected]
2727 Third Street
Ceres, CA 95307
Patrick Crane
(917) 620-6979
[email protected]
Version: 1
Delivery Date: 06/23/2022
Expiration Date: 07/31/2022
Quote Summary
Description Recurring Interval Recurring Amount One-Time Amount Total Amount Subscriptions - 5 Year (Annual Pricing) Annual - 5 Year $92,600.00 $463,000.00 Shipping $2,750.00 $2,750.00
Services $33,000.00 $33,000.00
Shipping: - $2,750.00 -
Estimated Tax: $0.00 $2,763.75 $2,763.75
Total: $92,600.00 $38,513.75 $498,750.00
Jurisdictional taxes will be applied whenever applicable. Shipping, handling, and other fees may also apply. We reserve the right to cancel orders arising from pricing or other errors.

IntelliSite, LLC City of Ceres Police Department
Signature:

Name: Elpidio Compres
Title:

Date: 06/23/2022
Signature:

Name:

Date:

Page: 4 of 4
Regional Sales Director
ITEM 9

Document Type :

Site Design Document
REV C
Date:

May 5, 2022

Project Type:

Smart City Cameras / IoT
Project Name:

City of Ceres Park Cameras
Customer Name:

City of Ceres
Provided by:

Steve Peterson

IntelliSite Contacts:

David Talcott, Pre-Sales Engineer, 949-751-9999, [email protected] Steve Peterson, Pre-Sales Engineer, 801-369-2069, [email protected]

ITEM 9

Date
Project Notes
Author
May 5, 2022 Steve Peterson

• The pictures depicted in this document are intended to represent a site design for the suggested IntelliSite hardware equipment at the City of Ceres, CA. The outlined illustrations below were created to show approximate installation locations for the intended purpose of visual aid and internal hardware quantities.

• A site walk may need to be conducted prior to installation to confirm final placement of hardware along with any additional infrastructure needs and/or requirements. This will be outlined in the Scope of Work document (S.O.W) which will be created and submitted once the design portion of the project has been approved.

• For questions regarding hardware and software compliance and setup, please contact the Sales Engineer at the contact listed above.

Legend
ALPR Camera

Fixed AI Camera

PTZ Camera

UIG Comms Box
Speaker

Public WiFi

Blue Strobe

Steel Pole

Wood Pole

Electric/Service

Document Terminology Document Info IntelliSite IO
Project = The “Project” is defined as the overall impacted work being performed based off all hardware and software under the PO.

Site = The “Site” is defined as the area withing the project that is impacted by hardware and/or software.

Building = The “ Building “is defined as area within the site that is being impacted by hardware and/or software.

Space = The “ Space “is defined as the area withing the site the defines the flow of traffic (Vehicle and/or Pedestrian) Document
Type
Site Design
Document (SDD)
3463 Lakemont
Blvd. O/H Service Wire
Author Select One Suite 104
Issue 1 Fort Mill, SC O/H Cat6 Cable Rev C 29708
ITEM 9

Date Project Overview Provided by:

May 5, 2022 LPR & Camera Install Steve Peterson
Address Link: River Bluff Regional Park, Park Entry, 3761 Hatch Rd. Ceres, CA Notes

(1) LPR Camera to be installed on
existing steel Traffic light pole at
entrance to park capture rear
vehicle license plates.

(1) Fixed camera to count vehicles
as they enter the park.

(1) UIG for connectivity.

Customer provides (24/7) 110VAC
power for UIG. Providing three
wires in a junction box with
knockouts.

Customer provides all work
permits for installation and traffic
control.

Legend
Fixed Camera
LPR Camera
UIG (Universal IoT
Gateway)
Steel Pole

Page Document
Type
Site Design
Document (SDD)
Author Steve Peterson
3 Issue 1
Rev C
ITEM 9

Date Project Overview Provided by:

May 5, 2022 LPR & Camera Install Steve Peterson
Address Link: River Bluff Regional Park, Concession Building, 3761 Hatch Rd. Ceres, CA Notes

(3) Fixed cameras to watch
concessions, eating areas and
playground. Two installed on
existing security steel pole and
one on gable of concession
building.
(2) PTZ cameras installed on
existing security steel pole to
perform surveillance of
concessions area.
(2) UIG for connectivity.

Customer provides (24/7) 110VAC
power for UIG. Providing three
wires in a junction box with
knockouts.

Customer provides all work
permits for installation.

Legend
Fixed Camera
PTZ Camera
UIG (Universal IoT
Gateway)

Steel Pole

Page Document
Type
Site Design
Document (SDD)
Author Steve Peterson
4 Issue 1
Rev C
ITEM 9

Date Project Overview Provided by:

May 5, 2022 LPR & Camera Install Steve Peterson
Address Link: River Bluff Regional Park, River Trail Road/Walking Path, 3761 Hatch Rd. Ceres, CA Notes

(2) Fixed cameras to be installed
on existing security steel pole. To
watch road/walking path East and
West bound.

(1) UIG for connectivity.

Customer provides (24/7) 110VAC
power for UIG. Providing three
wires in a junction box with
knockouts.

Customer provides all work
permits for installation.

Legend
Fixed Camera
UIG (Universal IoT
Gateway)
Steel Pole

Page Document
Type
Site Design
Document (SDD)
Author Steve Peterson
5 Issue 1
Rev C
ITEM 9

Date Project Overview Provided by:

May 5, 2022 LPR & Camera Install Steve Peterson
Address Link: River Bluff Regional Park, Parking Lot 1, 3761 Hatch Rd. Ceres, CA Notes

(2) Fixed cameras to be installed
on existing security steel pole on
east side parking lot.

(1) PTZ Camera installed on same
pole as fixed cameras

(1) UIG for connectivity.

Customer provides (24/7) 110VAC
power for UIG. Providing three
wires in a junction box with
knockouts.

Customer provides all work
permits for installation.

Legend
Fixed Camera
PTZ Camera
UIG (Universal IoT
Gateway)
Steel Pole

Page Document
Type
Site Design
Document (SDD)
Author Steve Peterson
6 Issue 1
Rev C
ITEM 9

Date Project Overview Provided by:

May 5, 2022 LPR & Camera Install Steve Peterson
Address Link: River Bluff Regional Park, Parking Lot 2, 3761 Hatch Rd. Ceres, CA Notes

(4) Fixed cameras to be installed
on new steel security pole
installed by customer in south end
of parking lot.

(1) UIG for connectivity.

Customer provides (24/7) 110VAC
power for UIG. Providing three
wires in a junction box with
knockouts.

Customer provides all work
permits for installation.

Legend
Fixed Camera
UIG (Universal IoT
Gateway)
Steel Pole

Page Document
Type
Site Design
Document (SDD)
Author Steve Peterson
7 Issue 1
Rev C
ITEM 9

Date Project Overview Provided by:

May 5, 2022 LPR & Camera Install Steve Peterson
Address Link: Smyrna Park Maintenance Bldg. Ceres, CA Notes

(3) Fixed cameras installed on
corners of the maintenance bldg.

To cover maintenance yard,
parking lot, and building entry.

(1) PTZ for surveillance of parking
lot and restrooms.
(1) UIG for connectivity
(1) Speaker for Talk down
(1) Blue Strobe light

Customer provides (24/7) 110VAC
power for UIG. Providing three
wires in a junction box with
knockouts.

Customer provides all work
permits for installation.

Legend
Fixed Camera
PTZ Camera
Speaker
UIG (Universal IoT Gateway)
Blue Strobe

Page Document
Type
Site Design
Document (SDD)
Author Steve Peterson
8 Issue 1
Rev C
ITEM 9

Date Project Overview Provided by:

May 5, 2022 LPR & Camera Install Steve Peterson
Address Link: Smyrna Skate Park, Ceres, CA Notes

(1) Fixed cameras to be installed
on existing steel pole. To cover
skate park.

(1) UIG for connectivity.

(1) Blue strobe

(1) Speaker for talk-down

Customer provides (24/7) 110VAC
power for UIG. Providing three
wires in a junction box with
knockouts.

Customer provides all work
permits for installation.

Legend
Fixed Camera
UIG (Universal IoT
Gateway)
Blue Strobe
Speaker

Steel Pole

Page Document
Type
Site Design
Document (SDD)
Author Steve Peterson
9 Issue 1
Rev C
ITEM 9

Date Project Overview Provided by:

May 5, 2022 LPR & Camera Install Steve Peterson
Address Link: Smyrna Skate Park Parking Lot, Ceres, CA Notes

(4) Fixed cameras to be installed
on existing parking lot pole. To
cover skate park parking lot.

(1) UIG for connectivity.

(1) Blue strobe

(1) Speaker for talk-down

Customer provides (24/7) 110VAC
power for UIG. Providing three
wires in a junction box with
knockouts.

Customer provides all work
permits for installation.

Legend
Fixed Camera
UIG (Universal IoT
Gateway)

Blue Strobe
Speaker

Steel Pole

Page Document
Type
Site Design
Document (SDD)
Author Steve Peterson
10 Issue 1
Rev C
ITEM 9

Date Project Overview Provided by:

May 5, 2022 LPR & Camera Install Steve Peterson
Address Link: Gazebo at Roeding Park, 2824 Stanford Ave. Ceres, CA Notes

(2) Fixed camera installed on
existing light pole near tennis
courts. Covering well equipment
and gazebo.

(1) PTZ for surveillance of walking
path installed on same tennis
court light pole.

(1) UIG for connectivity

Customer provides (24/7) 110VAC
power for UIG. Providing three
wires in a junction box with
knockouts.

Customer provides all work
permits for installation.

Legend
Fixed Camera
PTZ Camera
UIG (Universal IoT Gateway)
Steel Pole

Page Document
Type
Site Design
Document (SDD)
Author Steve Peterson
11 Issue 1
Rev C
ITEM 9

Date Project Overview Provided by:

May 5, 2022 LPR & Camera Install Steve Peterson
Address Link: Gazebo at Whitmore Park, 2921 3rd St. Ceres, CA Notes

(2) Fixed camera installed on
restroom gable.

(1) UIG for connectivity.

Customer provides (24/7) 110VAC
power for UIG. Providing three
wires in a junction box with
knockouts.

Customer provides all work
permits for installation.

Legend
Fixed Camera
UIG (Universal IoT Gateway)

Page Document
Type
Site Design
Document (SDD)
Author Steve Peterson
12 Issue 1
Rev C
ITEM 9

Date Project Overview Provided by:

May 5, 2022 LPR & Camera Install Steve Peterson
Address Link: Strawberry Fields Park. Ceres, CA Notes

(2) Fixed cameras installed on
restroom gable.

(1) UIG for connectivity

Customer provides (24/7) 110VAC
power for UIG. Providing three
wires in a junction box with
knockouts.

Customer provides all work
permits for installation.

Legend
Fixed Camera
UIG (Universal IoT Gateway)

Page Document
Type
Site Design
Document (SDD)
Author Steve Peterson
13 Issue 1
Rev C
ITEM 9
ITEM 9

Memorandum

July 6, 2022

To: City Council/Finance

Re: Sole Source Letter – EPIC iO Technologies, Inc.

IntelliSite UIG with integrated IntelliSite DeepInsights Software Platform is a sole source product developed, manufactured, sold and distributed exclusively by EPIC iO Technologies, Inc. EPIC iO develops an Integrated Software Platform comprised of unique source code and proprietary trained artificial intelligence models, template and rules engine and also assembles the UIG hardware products that are comprised of purpose-built hardware enclosures, machined and modified by EPIC iO, with proprietary configurations and capabilities. The combination of the tightly integrated software and hardware components are not available through any other company.

As such, EPIC iO Technology, Inc. is a Sole Source Provider.

Rick Collins
Chief of Police

Rick Collins
Chief of Police
[email protected]
209-538-5726

ITEM 9
ITEM 9
ITEM 9
Intellisite, LLC
Management Liability
Policy Number: PCD1002814-01
Issuing Co: Arch Insurance Company
D&O:

Limit: $5,000,000
Aggregate: $5,000,000
Retention: $25,000
EPL:

Limit: $5,000,000
Aggregate: $5,000,000
Retention: $35,000
Fiduciary:

Limit: $1,000,000
Aggregate: $5,000,000
Retention: $0
Crime:

Limit: $1,000,000
Aggregate: $5,000,000
Retention: $25,000
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

MEETING DATE: July 11, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Kevin Wise, Assistant Fire Chief
[email protected], (209) 572-9590

SUBJECT: Resolution No. 2022-85, Authorizing the Sole Source Purchase of a Bauer Breathing A ir Compressor and Fill Station from Bauer Compressors in the Amount of $78,796.52.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council authorizes the sole source purchase of a Bauer Breathing Air Compressor and Fill Station from Bauer Compressors in the amount of $78,769.52.

I. BACKGROUND:

In 1999, the City of Ceres purchased a Bauer Breathing Air Compressor and F ill Station to be used to f ill self-contained breathing apparatus (SCBA) air cylinders.

Firefighters utilize these cylinders as part of their SCBA to breathe clean air in emergency situations where the atmospheric conditions are I mmediately Dangerous to Life and Health (IDLH). This unit has been utilized over the past 23 years to fill thousands of air cyl inders and due to its age, out-of-service time, increased unreliability, and increased maintenance costs, it needs to be replaced.

II. REASONS FOR RECOMMENDATION:

The current uni t has become increasingly unreliable. Over the past year , the unit has been out of service several times. The latest breakdown had the unit out of service for we ll over a month. Also , due to its age, parts for repair are becoming scarce to find.

The Fire Department would like the ability to sole source with Bauer Compressors for the compressor and fill station. The Department has a long, trusted history with Bauer and the current fill station is a Bauer. In addition, the Department has an annual contract w ith Bauer for service, repair, and air monitoring. By allowing a sole source purchase, only one vendor will have to be maintained for our

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
ITEM 10

breathing air systems . In looking at different brands that other fire departments across Stanislaus County use, we b elieve this is the best, most reliable unit that can be purchased. Bauer Compressors-Livermore is the factory direct supplier for Bauer breathing air compressors. No other vendor provides the product.

III. FISCAL IMPACTS:

The funding for this purchase was approved in the 2022- 2023 City of C eres budget. The total cost of the Bauer Breathing Air Compressor and F ill Station is $78,769.52

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The proposed action is consistent with the fifth goal of the Strategic Plan related to government operations to provide quality services to meet community needs, assuring the City has properly equipped staff in order to provide efficient services. In following this directive, the Department would be providing Ceres’ fir efighters a safe and efficient source of breathing air and the equipment necessary to provide high-quality service to residents.

V. POLICY ALTERNATIVES:

None

VI. STEPS FOLLOWING APPROVAL:

Once the City Council approves the resolution, Modesto Fire Department staff will work with City of Cere s Finance Department staff to order the compressor and with City of Ceres building maintenance staff to schedule installation.

Approved by: _____________________________
Alex Terrazas, City Manager

ITEM 10
RESOLUTION NO. 2022-85

AUTHORIZING THE SOLE SOURCE PURCHASE OF A BAUER BREATHING

AIR COMPRESSOR AND FILL STATION FROM BAUER COMPRESSORS IN THE AMOUNT OF $78,796.52.

THE CITY COUNCIL
City of Ceres

WHEREAS, the City Council has approved the purchase of an SCBA air compressor and fill station in the 2022-2023 municipal budget; and

WHEREAS, the current breathing air compressor at Fire Station 15 has become aged and unreliable; and

WHEREAS, the need to purchase a replacement breathing air compressor at Fire Station 15 has become economically feasible; and

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ceres does herby a uthorize the sole source purchase of a Bauer B reathing Air Compressor and Fill Station from Bauer Compressors in the amount of $78,796.52.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11
th day of July, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_______________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10

267 East Airway Blvd
Livermore, CA 94551
Phone: 925-449-7210
Fax: 925-449-7201

To: Date: 2/8/2022
Roy Castaneda
Ceres Fire Department
Phone: 209-216-6778
Email: [email protected]

ITEM QTY DESCRIPTION PRICE AMOUNT
1 1 Unicus 4/18H- E3 $58,177.00
Working Pressure: 6,000 psi
Charging Rate: 18.0 scfm
Horsepower: 15 Three Phase

2 1 Electronic CO Monitor w ith Calibration Kit $3,735.00

3 2 Additional 6,000 psi ASME Air Storage $6,820.00
Cylinders

4 1 Panel Mounted Remote Fill Hose Connection $1,253.00

Trade-In Existing Bauer Unicus II Compressor -$3,165.00

Sub Total $66,820.00
Sales Tax 8.38% $5,599.52
Freight $2,850.00
Installation $1,500.00
Total $78,769.52

Note: Bauer will deliver compressor, place unit into installation site, make final hookup to supplied electrical power, make final run test of unit and perform operational training for Ceres Fire Department personnel.

Quotation prices are valid for 60 days. Call 925-449-7210 if past expiration date.

ITEM 10

Thank you for the opportunity to submit this quotation. If you have any questions please give us a call.

Sincerely,
Tim McGuire
925-449-7210
[email protected]
ITEM 10
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: July 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Alex Terrazas, City Manager
[email protected] (209) 538-5751
SUBJECT:

Resolution No. 2022-86, Approving the Master Property Tax Revenue Agreement with the County of Stanislaus and
Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a resolution authorizing the City Manager to execute the Master Property Tax Revenue Agreement with the County of Stanislaus.

I. BACKGROUND:

The current process for distribution of property tax revenue in California is the result of the passage of Proposition 13 and legislation passed by the Legislature and signed by the Governor in 1979 (AB 8). Proposition 13 and AB 8 established significant changes in how property tax rates are set and how revenues are distributed to cities, counties, special districts, schools, and community colleges. The County’s Auditor Controller is responsible for allocating the property tax revenue to these entities according to state law.

AB 8 established an unequal allocation of property tax between counties and cities in the State of California. As a result, Stanislaus County receives approximately 12% of the total property tax allocation while Cities receive approximately 5.7%. This is net of a revenue shift allocated to the Educational Revenue Augmentation Fund (ERAF). ERAF is redirected property tax revenue from cities, counties and special districts to schools and colleges.

These redirected funds are deposited in a countywide account and allocated to schools and colleges. To offset funding these entities would have otherwise received from the State of California General Fund.

In 1996 the City of Ceres and Stanislaus County entered into the current Master Property Tax Agreement. In 2006 an amendment was adopted to clarify technical issues and the intent of the agreement.

ITEM 11
Under the 1996 agreement the County retains 100% of the base funding (amount of tax revenue at the time annexation is approved) and the increase in tax revenue is split 70% to the County and 30% to the City.

A subcommittee of City Managers has been working with the Stanislaus County Chief Executive Officer to review the existing agreement and evaluate options for an updated property tax sharing agreement. Through this work the proposed Master Property Tax Revenue Agreement was developed and is included as an attachment to the proposed resolution. The proposed new agreement was approved by the Stanislaus County Board of Supervisors at their June 14, 2022 Board Meeting. The main deal points of the agreement are as follows:

• The agreement is effective with the 2022 Assessment Roll (property values as of January 1, 2022, delivered by the Assessor to the Auditor -Controller by July 1, 2022).
• The agreement applies to properties annexed into the City following the effective date of the 1996 Agreement and future annexations.
• The County will continue to retain the base property tax revenue funding (amount of tax revenue at the time annexation is approved).
• The growth in property tax revenue will be shared equally between the City and the County; 50% City and 50% County.
• Consistent with the prior agreement, the County’s Increment Property Tax revenue sharing is calculated prior to any property tax revenue shift to ERAF. • Either the City or the County may terminate the agreement by formal action of upon no less than sixty days ’ notice and termination will be effective on the first day of July following service of the notice of termination.

II. REASONS FOR RECOMMENDATION:

There have been several efforts, over the years, to negotiate a more favorable agreement for property tax distribution to Cities in the County. This proposed agreement will have both a near and long term positive fiscal impact described below. Therefore, staff is recommending approval of the resolution authorizing the City Manager to execute the proposed agreement.

III. FISCAL IMPACTS:

The exact fiscal impact is difficult to estimate. However, it is estimated there is a positive fiscal impact to the FY 2022/23 budget of approximately $200,000. Included as Attachment 2 is a 5 -year historical analysis of the proposed 50/50 sharing model. The larger positive fiscal impact will be realized as potential new annexations and development occurs in those annexed areas.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEG IC PLAN:

Approval of the proposed agreement will support implementation of the strategic plan by providing additional funding for initiatives related to the strategic plan.

V. POLICY ALTERNATIVES:

ITEM 11
Do not approve the agreement and maintain the existing, less favorable agreement.

VI. INTERDEPARTMENTAL COORDINATION:

Staff from the City Attorney’s Office, Finance and Planning Departments and City Manager have coordinated review of pertinent materials regarding this agenda item.

VII. PUBLIC PARTICIP ATION:

Agenda posting.

VIII. ENVIRONMENTAL REVIEW:

None.

IX. STEPS FOLLOWING APPROVAL:

The City Manager will execute the agreement.

Approved by: ___________________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution Authorizing the City Manager to Execute the Agreement

2. Fiscal Impact Modeling
ITEM 11
ITEM 11
RESOLUTION NO. 2022-86

APPROVING THE MASTER PROPERTY TAX REVENUE AGREEMENT

WITH THE COUNTY OF STANISLAUS AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City Council on May 1 3, 199 6 adopted Resolution 96- 63 Approving Master Property Tax Agreement with County of Stanislaus; and

WHEREAS, the County of Stanislaus and the City of Ceres entered into Amendment No. 1 of the 1996 Agreement to clarify technical issues and the intent of that agreement; and

WHEREAS, the City of Ceres and the County of Stanislaus have worked together to develop a revised approach to property tax sharing, improving and increasing locally available revenue; and

WHEREAS, the County of Stanislaus Board of Supervisors on June 14, 2022 took action to approve a revised Master Property Tax Revenue Agreement; and

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby approves the Master Property Tax Revenue Agreement with the County of Stanislaus and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11
th day of July, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11

{CW112700.6}  Page 1 of 12

MASTER PROPERTY TAX REVENUE AGREEMENT

BETWEEN THE COUNTY OF STANISLAUS AND THE CITY OF CERES

This MASTER PROPERTY TAX REVENUE AGREEMENT ("Agreement") is made and executed on this ___ day of _____________, 2022 (“Effective Date”), by and between the County of Stanislaus, a political subdivision of the State of California ("County"), and the City of Ceres, a municipal corporation of the State of California (the "City"). County and City may each be referred to as a “Party” or collectively as the “Parties”.

RECITALS

A. Section 99 of the California Revenue and Taxation Code authorizes local agencies, such as City and County, to enter into master pr operty tax sharing agreements to provide adjustments to the allocation of property taxes upon annexation.

B. It is the purpose of this Agreement to adjust the allocation of property tax revenue between City and County and address the requirements under Revenue and Taxation Code Section 99 and adjustment of the appropriation limits of the affected gove rnmental agencies pursuant to Section 3(b) of Article XIII B of the Constitution of the State of California.

C. City and County recognize the im portance of maintaining consistent property tax sharing arrangements across similarly situated jurisdictions and the importance of a standing master property tax revenue sharing agreement to facilitate sound planning for development and the continued pr ovision of services as a resu lt of development, and it is the intent and purpose of the Parties to accomplish this goal to the greatest extent possible.

D. City and County previously entered into an agreement, known as the Master Property Tax Sharing Agreement, effective May 13, 1996, for the purpose of adjusting the allocation of property tax revenue pursuant to Section 99 of the Reve nue and Taxation Code upon a change of organization (“1996 Agreement”).

E. Under the 1996 Agreement, which was entered into by the C ounty and all nine cities, the County agreed to share future increases in real property tax revenue above the base amount with 70% of the tax growth going to the County and 30% to the Cities.

F. In 2006 the parties entered into Amendmen t No. 1 of the 1996 Agreement to clarify technical issues and the intent of that agreement.

G. City and County have worked together to develop a revised approach to property tax sharing, improving locally available revenues.

ITEM 11

{CW112700.6}  Page 2 of 12

H. City and County seek to align the interests of thei r respective jurisdictio ns in a way that promotes and financia lly encourages future economic development and the provision of housing.

I. As provided for in this Agreement, City and County intend to ensure the timeliest, most efficient, and most cost-effective delivery of services provided to the public.

J. It is the intent of City and County to identify and include all annexations which were subject to the 1996 agreement; to identify any a nnexations after 1996 that were separately negotiated and include those in this Agreement where applicable; and to identify unincorporated areas which will be specifically excluded from this Agreement.

K. The annexation areas identified in Exhibit A comprise only those tax rate areas for which the parties intend to modify the sharing of future annual property tax increment.

L. The annexations and unincorporated areas identi fied in Exhibit B, comprise those areas which are specifically excluded from this Agreement.

M. The parties intend by this Agreement, that beginning with the 2022 Assessment Roll, for all tax rate areas identified in Exhibit A, the parties will share equally the County’s future annual tax increment, as that term is defined in Section 98 of the Revenue and Taxation Code.

N. The parties intend to share equally the annual tax increment, for all future annexations which are not specifically excluded by this Ag reement, that occur after the effective date of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the City and County hereby agree as follows:

AGREEMENT

Section 1. Recitals. The recitals above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and Sections 1 through 12 of this Agreement, Sections 1 through 12 shall prevail.

Section 2. Definitions.

(a) “1996 Agreement” shall mean the Master Property Tax Sharing Agreement entered into between the City and th e County effective May 13, 1996, for the purpose of adjusting the allocation of property tax revenue pursuant to Section 99 of the Revenue and Taxation Code upon a change of organization and its Amendment No. 1 of 2006.

ITEM 11

{CW112700.6}  Page 3 of 12

(b) “Annexation” shall mean the inclusion, att achment, or addition of territory to the City pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

(c) “Ad Valorem Property Tax” shall mean the tax imposed on real and tangible personal property based upon the value of the property.

(d) “Base Property Tax Year” shall mean the tax year immediately preceding the year in which the State Board of Equalization recognized and notifies the C ounty Auditor-Controller of the Annexation.

(e) “Educational Revenue Augmentation Fund” or “ERAF” shall mean a requirement of the County Auditor-Controller to shift a cert ain percentage of annual allocations of local property tax revenues from counties, cities, and special districts to a specified fund which is utilized by the State of California to reduce its financial obligation to public schools and help meet its minimum state funding requirements pursuant to Proposition 98.

(f) “Incremental Property Tax Revenue” sh all mean the total am ount of property tax revenue increase or decrease computed from the assessed valuation over the Base Property Tax Year. [reference Revenue and Taxation Code Section 96.5]

(g) “Tax Rate Area” shall have the same m eaning as defined in Revenue and Taxation Code section 95(g)(1).

Section 3. Reporting. From and after the first fiscal year following the effective date of each Annexation, County Auditor-Controller will re port, as part of the regular AB 8 report process, to the City Manager and to the County Executive Office the calculation and the actual amount of the Ad Valorem Property Tax revenue available for allocation and distribution pursuant to this Agreement. After provision of this report, either party may request to meet and confer with the other party to review the annual report.

Section 4. Allocation of Ad Valorem Pr operty Tax Revenue for New Annexations.

When a jurisdictional change occurs, the Ad Valo rem Property Tax revenue attributable to the territory Annexed to the City, for all land use types, shall be adjusted in the following manner:

(a) For Annexations other than County unincorporated islands or properties identified in Exhibit B, County shall retain its one hundred percent (100%) share of the Ad Valorem Property Tax revenue attributable to the Base Property Tax Year amount. After Annexation, the annexing City shall receive a fifty percent (50%) share of the County’s Incremental Property Tax Revenue.

County shall retain the remaining fifty percent (50%) share of the County’s Incremental Property Tax Revenue.

(b) Where an Annexation includes land served by a special district, City shall receive the entire amount of the Ad Va lorem Property Tax allocated to the special district upon the detachment of the annexed territ ory from the special district or the dissolution of the special district.

ITEM 11

{CW112700.6}  Page 4 of 12

(c) Except as set forth in subsection (d) be low, for any Annexation effecting an unincorporated County island or listed in Exhibit B, the annexing City shall meet and confer with County to determine the allocation of the Ad Valorem Property Tax revenue of the unincorporated County island when each such island is considered for Annexation.

(d) For an Annexation requested or initiated by County or required by state or federal law pertaining to, in whole or part, any unincorporated C ounty island or disadvantaged community, the annexing City sha ll meet and confer with County to determine the allocation of the Ad Valorem Property Tax revenue of th e unincorporated County area considered for Annexation.

The provisions of this Section 4 shall survive and remain in eff ect following any termination of this Agreement, i.e., there will be no reversion back to the 1996 Agreement tax sharing rates.

Section 5. Allocation of Incremental Property Tax Revenue. Beginning with the property assessments included in the 2022 Assessment Roll based on property values established as of January 1, 2022, and delivered by the County Assessor to the County Auditor-Controller by July 1, 2022, the County’s Incremental Property Tax Revenue for all Tax Rate Areas identified in Exhibit A, shall be shared evenly between City and County: fifty percent (50%) to City and fifty percent (50%) to County. The County’s Incremental Property Tax Revenue sharing established under this Section 5 is calculated prior to any property tax revenue shift for ERAF. This Section 5 is prospective only and shall begin being applied by the County Auditor-Controller when property tax revenues are distributed during Fiscal Year 2022/2023. An example of the calculation performed by the Auditor-Controller to implement this agreement is attached as Exhibit C.

The provisions of this Section 5 shall survive and remain in eff ect following any termination of this Agreement, i.e., there will be no reversion back to the 1996 Agreement tax sharing rates.

Section 6. Adjustment of Appropriation Limit. Pursuant to Section 3(b) of Article XIII of the Constitution of the State of California, City shall increase its appropriation limit by the amount of Ad Valorem Property Tax revenue received after the adjustment provided for in Section 4 is completed. County shall decrease its ap propriation limit by the amount of Ad Valorem Property Tax revenue that is transferred to City. It is also expected that any specia l district will decrease its appropriation limit by the amount of Ad Valorem Pr operty Tax revenue it has had transferred to City upon detachment or dissolution.

Section 7. Additional Property Tax Agreement Discussions. County agrees to continue to meet and confer with City to address alternatives models of Ad Valorem Property Tax distribution to lessen the impact of ERAF.

Section 8. Term of This Agreement. The term of this Agreement shall commence as of the Effective Date and continue thereafter until one of the parties terminates this Agreement.

Any party may terminate this Ag reement by formal action upon no less than 60 days’ notice and termination shall be effective on the first day of July following service of the notice of termination.

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Section 9. Modification This Agreement constitutes the entire agreement between the Parties hereto. To be effective, any amendment, modification, or revision of this Agreement must be a writing duly authorized and signed by both Parties.

Section 10. Entire Agreement With respect to the subject matter hereof only, this Agreement replaces and supersed es the 1996 Agreement, as well as any and all previous negotiations, proposals, commitme nts, writings, and understandi ng of any nature whatsoever between County and City.

Section 11. Notices Any notice or communication required hereunder between the parties must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express or other similar courie r promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving party's email server. Notices transmitted by email after 5:00 p. m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day; if given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

County of Stanislaus City of Ceres
Chief Executive Officer City Manager
County Counsel City Attorney
County of Stanislaus City of Ceres
1010 Tenth Street, Suite 6800 2220 Magnolia Street
Modesto, CA 95354 Ceres, CA 95307

Section 12. General Provisions

(a) Governing Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.

(b) Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus.

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(c) Severability. This Agreement shall automatically terminate if this Agreement, in its entirety, is determined by a court of competent ju risdiction to be invalid or unenforceable. If any discrete provision of this Agreement shall be determined by such court to be invalid and unenforceable, or if any discrete provision of this Agreement is rendered invalid or unenforceable according to the terms of any fede ral or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions sh all continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

(d) Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such Party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition herein contained or of any continued or subsequent right to the same right or remedy. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.

(e) Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement.

(f) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.

(g) Successors and Assigns. All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of or for the benefit of any or all of the Parties hereto, shall be binding upon an inure to the benefit of such Party, its successors, and assigns. The Parties warrant and represent that they have the right and authority to execute this Agreement and that they have not assigned or transferred, or purported to assign or transfer, to any person or entity this Agreement or any portion thereof. The Parties shall not assign or transfer this Agreement without the written consent of the other Party.

(h) Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

(i) Other Documents. The Parties agree that they sh all cooperate in good faith to accomplish the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to the fulfill the purposes and intentions of this Agreement.

(j) Authority. The signatories to this Agreement warrant and represent that they have the power and authority to enter into this Agre ement on behalf of their respective Party, and all formal
requirements necessary or required to enter into this Agreement have been fulfilled.

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(k) Document Preparation. This Agreement will not be construed against the Party preparing it, but will be construed as if prepared by all Parties.

(l) Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legal c ounsel and, based upon the advice of that counsel, freely entered into this Agreement.

(m) No Joint Venture. Neither this Agreement, nor payment, shall constitute or create any form of association, joint venture, partnership, or cooperative activity, of any nature whatever, for any purpose between the City and the County.

[Signatures on following page]

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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth above.

COUNTY OF STANISLAUS

By: ____________________
Jody L. Hayes
Chief Executive Officer

“County"

CITY OF CERES

By: ____________________
Alex Terrazas
City Manager

"City"

APPROVED AS TO FORM:

Thomas E. Boze, County Counsel

By: ____________________
Thomas E. Boze
County Counsel

APPROVED AS TO FORM:

By: ____________________
Tom Hallinan
Ceres City Attorney

Authorized by Resolution No.2022-0298
Adopted June 14, 2022, by the
Stanislaus Count
y Board of Supervisors

Authorized by Resolution No.

Adopted ,2022, by the
Ceres City Council

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EXHIBIT A

B o a r d o f
Annexation Tax Rate Equalization
Annexation Date Area Roll Year

1. Eastgate Reorganization 03/20/2001 001-087 2002/2003

2. North River Road Reorganization 06/18/2001 001-089 2002/2003

3. Erickson-Alameda Reorganization 08/07/2001 001-090 2002/2003

4. River Bluff Regional Park Reorg. 06/28/2004 001-103, 001-104 2005/2006

5. Mitchell Road No. 2 Reorganization 06/28/2004 001-101, 001-102 2005/2006

6. Service Road No 1 Reorganization 04/24/2006 001-105** 2007/2008

7. Mitchell-Service Reorganization 11/27/2007 001-107** 2008/2009

8. Hatch Road Reorganization 04/27/2009 001-108, 001-109 2010/2011

9. Central-Hatch No. 2 Reorganization 09/06/2011 001-110, 001-111** 2012/2013

10. West Landing Specific Plan Reorg. 06/04/2012 001-113, 001-116** 2013/2014 001-117, 001-118

11. Whitmore Ranch Reorganization 06/27/2019 001-119 2020/2021

** Redevelopment Areas as Identified by State Board of Equalization

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EXHIBIT B

THERE ARE NO AREAS EXCEPTED FROM THIS AGREEMENT

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EXHIBIT C

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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: July 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Alex Terrazas , City Manager
[email protected], (209) 538-5751
SUBJECT:

Vice Mayor Silveira Referral Requesting the Initiation of a Process to Plan for the Relocation/Building of a New City Hall
RECOMMENDED COUNCIL ACTION:

Consider Vice Mayor Silveira’s request regarding initiating a process to plan for the relocation/building of a new City Hall.

I. BACKGROUND:

At the June 27, 2022 City Council meeting Vice Mayor Silveira requested City Council consider initiating a process to plan for the relocation/building of a new City Hall.

The purpose of this agenda item is to provide the opportunity for the City Council to consider this request and provide direction to City staff.

If the City Council wi shes to proceed with a process , staff will bring back additional information at a future meeting for Council’s consideration and potential action.

Approved by: ___________________________________
Alex Terrazas, City Manager

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