Ceres City Council
July 25, 2022

AG
ENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
C
ity Council Chambers, 2701 Fourth Street
Monday, July 25, 2022 – 6:00 p.m.

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

CALL TO ORDER
Ma
yor Lopez

ROLL CALL
Ma
yor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: 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.

Clic
k this link to join the webinar:
https://us02web.zoom.us/j/89083642678?pwd=SUgvZSs2YlduQXZLczVqSVFHeFBUZz09 W
ebinar ID: 890 8364 2678 ; Passcode: 992546; or Dial: (669) 900-6833

REMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM T HE 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 meetin g, please contact the City Clerk at (209) 646-4812 or by email at [email protected] AGENDA
Regular City Council Meeting
July 25, 2022

2 INVOCATION
Inv
ocation by Pastor Jim Stochl, Harvest Presbyterian Church

PLEDGE OF ALLEGIANCE
Pl
edge of Allegiance led by Mayor Lopez

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

While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non-agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5- minute provision.

APPOINTMENTS TO BOARDS/COMMISSIONS
A. Int
erview Process for Appointments to the Measure “H” Citizens’ Oversight Committee. (Terrazas)

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Council Member or public for special consideration.

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

1. Clerks Report of Posting. The agenda of the July 25, 202 2 City Council meeting was posted on Thursday, July 21, 20 22. (City Clerk)

2. Waive Readings. All re adings of or dinances 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 July 11, 2022 Regular City Council meeting. (City Clerk)

4. Register of Audited Demand(s) Dated July 1, 2022 through July 13, 2022. (Dias) AGENDA
Regular City Council Meeting
July 25, 2022

3 5. General Correspondence – Information Only
a. Public Works Monthly Report for June 2022 (Royal)
b. Redevelopment & Economic Development Activities Report – Months of May and June 2022 (Hoem)

6. Resolution No. 2022-87 , Ordering the Levy and Collection of Special Taxes for Fiscal Year 2022/2 3 within the City of Ceres Community Fac ilities District No. 1 (Public Services). (Waugh)

7. Resolution No. 2021-88, Ord ering the Levy and Collection of Special Taxes for Fiscal Year 2022/2 3 within the City of Ceres Community Fac ilities District No. 2 (Public Services). (Waugh)

8. Resolution No. 2022-89 , Authorizing the Acc eptance of Awa rded CalRecycle Grants and Payment Program s and Fis cal Year 2022/23 Budget Amendm ent to Appropriate Funds. (Royal)

9. Resolution No. 2022-90, Authorizing the City Manager to Execute a Contract with Grover Landscape Servic es, Inc. for the Downtown Business District Landscape Services. (Royal)

10. Resolution No. 2022-91, A uthorizing the City Manager to App rove a Pur chase Order with Calgon Carbon Corporation for Carbon Rep lacement for Well Head Treatment of Wells 28, 38, 39 & 40. (Royal)

11. Resolution No. 2022-92, Authorizing the City Manager to App rove a Purchase Order with Aveva Select California for the Annual Supervisory Control and Data Acquisition Licensing Agreement and Fiscal Year 2022/23 Budget Amendment to Appropriate Funds. (Royal)

12. Resolution No. 2022-93, Approving the Use of ARPA Funds to Purchase Two (2) Autonomous Line Stripers, Maintenance Warranties and Sup plies from Tur f Tank for a Variety of Applications throughout City Parks and Authorizing Staff to Proceed with the Purchase. (Royal)

13. Resolution No. 2022-94, Authorizing the City to Continue Teleconfer enced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (City Clerk)

14. Resolution No 2022-95, A ccepting the Tra nsfer of Rea l Property at 830 Pecos Avenue, Modesto, CA 95351, from the Industrial Fir e District to the City of Ceres and Authorize the City Manager to Execute the Trans fer. (Dias)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR AGENDA
Regular City Council Meeting
July 25, 2022

4 UNFINISHED BUSINESS

15. Resolution No. 2022-96, Approving the Use of American Rescue Plan Act (ARPA) Funds to Increase Code Enforcement Staff and Purchase Nec essary Equipment and Authorizing Staff to Move Forward with the Staff Recruitment and Equipment Purchases. (Collins)

PUBLIC HEARING

NEW BUSINESS

16. R
esolution No. 2022-97, Authorizing the use of American Rescue Plan Act (ARPA) Funds and Neighborhood Park Fees for the Design and Construction of Ochoa Park Improvements. (Waugh)

17. R
esolution No. 2022 -98, Authorizing Acceptance of the Clean California Local Grant Program Awarded to Improve Smyrna Park. (Waugh)

18. R
esolution No. 2022 -99, Authorizing the City Manager to A pprove the U se of ARPA Funds for Maintenance Operations, Staffing, Equipment, and Improvements of the River Bluff Regional Park Lower Terrace. (Royal)

DISCUSSION ITEMS

COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2- City Council Meetings, J -8.

City Council Referrals/Determination of Items for Agenda.)

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities. • M
ayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on Monday, August 8, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA AGENDA
Regular City Council Meeting
July 25, 2022

5 Council Agenda:

The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us
and posted at the time and places noted above.

Related Materials:

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

Notice regarding Americans with Disabilities Act:

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

AFFIDAVIT OF POSTING

I, 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 Thursday, July 21, 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

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 25, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Alex Terrazas, City Manager
[email protected], (209) 538-5751
SUBJECT:

Interview Process for Appointments to the Measure “H” Citizens’ Oversight Committee
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council appoint a councilmember to serve on the interview panel, along with the Mayor, for the appointment process of the Measure “H” Citizens’ Oversight Committee.

I. BACKGROUND:

The City of Ceres recently conducted a recruitment for three (3) Measure “H” Citizens’ Oversight Committee vacancies. The notice of vacancies, along with instruc tions on how to apply were published in the Ceres Courier. In addition, the advertisement was posted on the City’s website and various social media platforms from various City department’s social media accounts. The final filing date was 5:00 PM on Friday, July 8, 2022. There were a total of five applications submitted.

Members of the Measure “H” Citizens’ Oversight Committee are appointed by the Mayor with Council consensus. Prior Council practice has been the Mayor along with one other Councilmember would interview the applicants. Interviews would be conducted prior to the start of a council meeting and their recommendations would then be made at the meeting.

II. STEPS FOLLOWING APPROVAL:

Mayor Lopez and appointed councilperson to review applications and schedule interviews on August 8, 2022.

Mayor Lopez will recommend appointments to the Measure “H” Citizens’ Oversight Committee, pending Council consensus.

Approved by: ______________________________
Alex Terrazas, City Manager
ITEM A
ITEM A

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

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

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

M
ayor Lopez called the July 11, 2022 meeting to order at 6:00 p.m.

ROLL CALL – Present:

Ma
yor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1)
Note: Mike Kline (District 4) – Absent, Vacant (District 2)

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

INVOCATION

Provided by Pastor Jim Hanna, Ceres Grace Community Church.

PLEDGE OF ALLEGIANCE

P
ledge of Allegiance was led by Mayor Lopez.

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
July 11, 2022

PRESENTATIONS

N
one

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

J
ohn Osgood spoke regarding fireworks and thanked the Chief and his staff for their efforts. In addition, he suggested Bertolot ti Disposal pick up blue recycle totes every week instead of every other week.

Rosalinda Vierra spoke regarding homelessness in the community.

Carol Blomquist and Jane Man ley with Stanislaus Library Foundation spoke regarding the services provided by the Stanislaus library system.

APPOINTMENTS TO BOARDS/COMMISSIONS

N
one

CONFLICT OF INTEREST DECLARATION

N
o Council conflicts were declared

CONSENT CALENDAR

C
onsent Calendar items 7, 9, and 10 were removed by Councilmember Casey.

Consent Calendar item 8 was removed by Ceres resident, John Osgood.

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

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

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 readings of ordinances and resolutions are waived. (Waive ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 11, 2022

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)

5. General Correspondence – Information Only
a. None

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. (Waugh)

7. Removed for separate consideration.

8. Removed for separate consideration.

9. Removed for separate consideration.

10. Removed for separate consideration.

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item
7 : Removed for separate consideration by Councilmember Casey

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)

Councilmember Casey spoke regarding the desire to obtain additional information since there was only one bid.

Interim Public Works Director, Sam Royal, stated that staff reached out to three contractors and only received one bid.

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

John Osgood spoke regarding ARPA funds being used for annual routine maintenance.

John Warren spoke regarding the bid not being itemized.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 11, 2022

Mayor Lopez closed public comment.

A ction : Motion by Mayor Lopez, seconded by Vice M ayor Silveira, tabling item 7 to be considered at a future City Council meeting.

Motion carried 2/1/0 by the following roll call vote:

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

Item 8: Removed for separate consideration by Ceres resident, John Osgood

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. (Collins)

John Osgood inquired about project funding.

Council and staff discussion included information regarding asset forfeiture funds.

Mayor Lopez asked for public comment. No one spoke.

Mayor Lopez closed public comment.

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

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

Item 9: Removed for separate consideration by Councilmember Casey

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. (Collins)

Councilmember Casey spoke regarding camera placement.

Council and staff discussion included additional ARPA funds, scope of project, size, and funding as well as Ochoa Park.

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 11, 2022

John Warren spoke regarding purchasing versus leasing the cameras.

Dave Pratt spoke regarding lighting and fencing of Ochoa Park.

Rosalinda Vierra spoke regarding Measure “H” funding.

Council and staff discussion included the monitoring of the cameras , tech support, and maintenance provided.

Mayor Lopez closed public comment.

Vice Mayor Silveira introduced a motion to approve this item, seconded by Mayor Lopez.

Vice Mayor Silveira rescinded his motion.

A
ction : Motion by Vice Mayor Silveira, seconded by Mayor Lopez , approving item 9:

Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
No Absent Yes Requested Item
be Tabled

M
otion by Vice Mayor Silveira, seconded by Mayor Lopez , to rescind original motion for item 9, by the following roll call vote:

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

M
otion by Mayor Lopez , seconded by Vice Mayor Silveira, tabling item 9. Motion passed 3/0/0 by the following roll call vote:

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

Item 10 : Removed for separate consideration by Councilmember Casey

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)

Councilmember Casey requested clarification regarding the purchase of this item.

Council and staff discussion included the history and purpose of purchasing this item.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 11, 2022

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

John Osgood spoke regarding the use of this equipment by other fire stations.

John Warren spoke regarding the number of compressors in Ceres.

Mayor Lopez closed public comment.

Action: M
otion by Vice Mayor Silveira , seconded by Councilmember Casey, approving item 10. Motion carried 3/ 0/0 by the following roll call vote:

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

UNFINISHED BUSINESS

N
one

PUBLIC HEARING

N
one

NEW BUSINESS

N
one

DISCUSSION ITEMS

11. R
esolution 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)

City Manager, Alex Terrazas, presented the staff report.

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

Jon Osgood spoke regarding the amount of time given for the public to review this item.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 11, 2022

Maylor Lopez closed public comment.

Action: M otion by Vice Mayor Silveira , seconded by Councilmember Casey, approving item 11. Motion carried 3/0/0 by the following roll call vote:

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

COUNCILMEMBER REFERRALS

12. I
nitiation of a Process to Plan for the Relocation/Building of a New City Hall (Requested by Vice Mayor Silveira)

Vice Mayor Silveira spoke regardin g the need to begin discussions and research related to design, process, and funding of a new City Hall.

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

Dave Pratt inquired as to the amount owed by the City on the Community Center building.

John Osgood spoke regarding the need for a new City Hall.

Mayor Lopez closed public comment.

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

Mayor Lopez spoke regarding the job fair being held Tuesday, July 12, 2022.

Vice Mayor Silveira spoke regarding concert in the park.

Councilmember Casey spoke regarding concert in the park, Code Enforcement, improving communication, and using the My Ceres app to submit a request.

• City Manager

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 11, 2022

Nothing to report.

• Departments

Director of Community Development, Christopher Hoem, spoke regarding the job fair that is being held at the Ceres Community Center on Tuesday, July 12, 2022 from 10:00 a.m. – 3:00 p.m. He also thanked Anthony Sims for his service; his last day with the City is Tuesday, July 12, 2022.

Police Chief, Collins , provided an update on Ceres Police Department’s fireworks campaign.

Deputy Fire Chief, Wise, provided an update on Fire Department calls and numbers.

• County Supervisor

Nothing to report.

CLOSED SESSION

N
one

REPORTS FROM CLOSED SESSION

N
one

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on July 25, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

T
here being no further business, Mayor Lopez adjourned the meeting at 7:12 p.m.

______________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

Cons
istent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.

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

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 25, 2022

TO: Mayor and City Council

FROM:

Alex Terrazas, City Manager

CONTACT: Sam Royal, Interim Public Works Director
[email protected], (209) 538-56
17 SUBJECT: Public Works Monthly Report for June 2022

RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKG
ROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of June 2022.

FACILITY SERVICES:
• Completed 170 Facilities Maintenance work orders including: 107 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs and 63 preventive maintenance services.
• Completed the carpet, flooring replacement and painting at Fire Station 17 in the training room and entryway.
• Received bids for the carpet and mirror replacement for the exercise room at the Ceres Community Center.
• Assisted in the set-up, event support and tear down for the Concerts in the Park series with the new sound equipment. Provided support for three- day event. The Concert in the Park series has a good attendance after being suspended for a length of time. • Assisted with SCADA improvements, troubleshooting and repairs to well controls for Park’s irrigation improvements, S treets’ lift stations and Water’s we lls and communications.
• Cleaned up homeless debris at Independence Park and at Roeding Park.

ITEM 5a
Maintenance activities performed by one (1) supervisor, one (1) senior facilities maintenance worker, two (2) f acility maintenance workers, three (3) custodians, with one (1) vacant custodian.

FLEET SERVICES:

Completed 98 work orders.

• Fleet Dept. 20
o Skid Steer received all new tires
o John Deere backhoe all new tires
• Fire Dept. 15
o Westport Fire District service two fire engines and pump repairs on one • PD Dept. 10
o Three dealer recalls completed
o K9 unit all new brakes/rotors and calipers
o Continue to install new mobile computers in patrol vehicles • Streets Dept. 30
o Street sweeper new front tires x 2
o Both street sweepers received a/c work, one received a new air compressor and one received new air drier & both new freon o Both sweepers received new thermal window tint for heat protection • Water: Dept. 35
o Service truck received all new tires
• Parks Dept. 40
o Ongoing electrical i ssue with large T oro mower ; F leet was unable to duplicate issue
• WW Dept. 25
o Wastewater received new Kabota tractor
o Service/repair large service truck
• Facilities: Dept. 41

Emergency and non-emergency City vehicles and equipment are maintained and repaired by one (1) supervis or, one (1) senior maintenance mechanic and two (2) maintenance mechanics.

LANDSCAPE MAINTENANCE:

Completed a total of 418 service requests in the following categories:

• Bike path repairs: 1
• City grounds maintenance: 29
• Park landscape and maintenance: 292
• Parks l andscape chemical usage: 550 gallons Parks / Grounds • Playground and equipment repairs: All parts for several playgrounds ordered 60- day plus on arrival
• Playground and equipment inspections: 3
• Right of way (ROW) irrigation repairs: 67 sprinklers and 1 valve • Park trees: 40 Trimmed
• Tree customer requests (tree or limb down, trims or removals): 27 ITEM 5a
• Parks sprinklers repaired or replaced:
o Barry Grove = 0
o Costa Fields = 1 valve 2 maintenances
o Don Pedro = 5 vandalisms
o Independence = 3 vandalism
o Neel Dog Park = 6 maintenances
o Neel Park = 5 vandalisms
o Persephone = 2 maintenances
o Redwood = 6 maintenances
o Riverbluff = 12 maintenances 1 valve
o Riverview = 2 vandalisms
o Roeding Hts. = 12 vandalisms
o Sam Ryno = 4 maintenances
o Smyrna = 1 valve & 16 maintenances
o Strawberry = 0
o Whitmore = 2 maintenances

• Parks General Maintenance/Repairs:
o Disinfected all playgrounds in parks once per week
o Steam cleaned covered areas of River Bluff, Sam Ryno and Smyrna and 4th street
o Added woodchips to Community Center and City Hall
o Graffiti removal at the following parks: Sam Ryno (3), Strawberry (3), River Bluff (2), Roeding (3), Neel (4), Persephone (3), Smyrna (8), Berry Grove, and Independence (3)
o Total vandalism & repair cost was $4,700.00
• Grid Prune by West Coast Arborists (WCA)
o Grid # 3 2020-2021 = 100% - Complete with 2,343 trees pruned o Gird # 4 2021-2022 = 70% - Completed with 2,450 trees pruned o Grid # 1,2,4 & 5 uncompleted with a total of 8,571 trees unpruned o Pending = 167 high risk, 11 removals and 56 trims from July

Grounds:

• Right of Ways (ROWs):
o Hatch Road - Code Enforcement involved due to property damages, boulders moved, and trees cut down by homeowners. Still awaiting approval from Engineering to approve “No Parking Signs” in City ROW or boulders o Brown and Hackett placed wood chips in ROW
o Replaced three (3) sprinklers along 4th Street at the Community Center due to vandalism
o Faith Home replaced two (2) stolen backflows
o Re-staked six ( 6) trees along Eastgate and three ( 3) trees along Fowler Road; one (1) tree damaged by vandalism

• Neel Dog Park
o Closed from May 11th to June 11th
o Fertilize, aeriated and slip seed park

ITEM 5a
• Smyrna Park
o Re-staked four (4) trees along Presidential Walkway due to vandalism

• Whitmore Mansion:
o Repaired one (1) valve and two (2) sprinklers

• River Bluff Park
o R eplaced four (4) sprinklers and capped one (1) in the playground area due to vandalism
o Repaired fence to lower area due to fire, six (6) times o Brush hogged trimmed trees lower area

• Guillermo Ochoa Park:
o Ongoing maintenance of carousel and merry-go-round
o Repaired damaged carousel two (2) times due to vandalism o Removed merry-go-round wheel due to vandalism (parts arrived and will be repaired soon)
o Brush hogged whole park

• City parks, landscaping and maintenance is performed by one (1) supervisor, one (1) senior parks maintenance worker, five (5) park maintenance workers, and zero (0) part-time maintenance worker.

SOLID WASTE & RECYCLING:

Reminder: Leaf & limb collection season ended on January 9 th. Further, the courtesy collection service that was being offered by Bertolotti concluded on May 1st. Any piles left out on the street will be subject to violation penalties as dictated through the City’s municipal code.

Highlights of solid waste and recycling collection by Bertolotti for June 2022:
• Residential…………………….… 1,076.17 tons
• Commercial……………………… 1,524.70 tons
• Illegal dump……………………… 7.08 tons, 38 locations
• Bulky items…………………….… 51.1 tons,137 locations
• Leaf/limb (illegal) …………….…. 3.43 tons
• Street Sweep………………….… 41.13 tons
• Commercial Organics…………... 105.24 tons
• Residential Recycle………….…. 226.80 tons
• Commercial Recycle …………… 6.38 tons
• Used oil…………………………... 792 gallons
• Used oil filter……………...……... 59

Public Works staff assisted with nine (9) code enforcement illegal disposal sites.

CalRecycle has awarded the City of Ceres $69,946 to assist with the implementation of regulation requirements associated with SB 1383 through the SB 1383 Local Assistance Grant Program for FY 2021-22. If accepted, these funds will be utilized to fulfill the annual ITEM 5a
recovered organic waste product procurement stipulations outlined in SB 1383 that require the City to purchase back recovered organic waste products such as compost and mulch.

A portion of the funding would also assist with education and outreach efforts.

Education and outreach efforts for the recent changes to the City’s solid waste collection services have included:
• Numerous phone calls and responses to individual customers via phone and email requests
• City website updates
• Landscape signs posted throughout town
• Social media pages have been created on Facebook and Instagram to deliver regular announcements on Public Works important information (including the new garbage collection service)
• Studio 209 commercial (was shown on the Ceres Courier and all affiliate newspapers) websites as well as the Public Works social media pages • There have been ten (10) Ceres Courier articles and three (3) Modesto Bee articles on the program changes
• Advertisement in the Stanislaus County Fair tab published in the Ceres Courier and affiliate newspapers
• Utility billing insert was included in the November utility billing mailer • A second utility billing insert with the garbage, organics, and recycling schedule information was included in February’s billing mailer as well as on the City’s website • A doorhanger was delivered to customers when they received their additional cart • A partnership with the Ceres Courier now provides a bi -weekly column, written by Public Works staff to provide regular updates on important information and projects affecting residents (including changes to garbage service) • A promotional magnet with information on what material goes in each bin is being distributed with violation notices and with community outreach activities • A presentation to a local civic was provided in November. Any further community groups interested will be accommodated as well.
• Leaf and limb program noti ces were distributed to customers still placing piles for collection past the program end date by Public Works, Code Enforcement and Bertolotti employees
• Garbage cart storage violation notices were distributed to incompliant residents to notify them of code requirements by Public Works, Code Enforcement and Bertolotti employees
Solid Waste Division work is performed by one (1) administrative analyst and (2) f ield service technicians.

STREETS SERVICES:

• Staff responded to a total of 39 customer service requests • Responded to 125 Underground Service Alerts (USA) markings • Responded to nine (9) Code Enforcement cleanups
• Repaired 12 street lights
• Pe rformed five (5) excavations for the water division • Replaced two (2) fence panels on Whitmore due to a vehicle accident ITEM 5a
• Repaired/replaced crosswalk lighting at Ninth and Standford due to vehicle accident • Striped two (2) fog lines on the pine street overpass • Striped centerline on Canyon Dr between Moffet Rd and Shadow Ridge Dr • Striped Fire Station 3 parking lot
• Striped centerline on Second St between El Camino and Whitmore • Striped centerline on Third St between El Camino and Whitmore • Striped North St between El Camino and Third St
• Lower River Bluff project added concrete to ramp to make it wider for vehicle travel and added signage
• The street division has been loaning out one ( 1) staff member 1-2 days per week to work on Wastewater and Parks Division’s SCADA issues
• Please note the Streets Division has been down one staff member since January due to a workers comp injury
Streets Division maintenance is performed by one (1) supervisor, two (2) senior maintenance workers, six (6) streets maintenance operators, one (1) street sweeper operator.

WASTEWATER (WWTP):

• Responded to eight ( 8) customer service requests and 24 sewer problems during working hours and after hours
• Staff responded to two ( 2) Smart Cover alarms that prevented Sanitary Sewer Overflows (SSO’s). There were (0) SSO’s in June
• Serviced or repaired:
o Lift Stations – 10
o WWTP Equipment – 14
o Main line sewer plugs – 2
o Aerators – 0
• Staff performing weekly landscape maintenance, weed abatement, and levee erosion control
• Staff checked on force main to Turlock
• Staff cleaned 31,290 feet of sewer main lines
• Staff CCTV inspected 4,698 feet of sewer line
• Staff is continuing the process of updating the Wastewater Discharge Report (WDR) • Staff assisted Turlock’s Wastewater Department with repairs on the Export Line at their Treatment Plant
• On June 2
nd staff began pumping at full capacity to Turlock’s t reatment plant via the Export Pipeline per the Del Puerto Emergency Water Agreement • SCADA Integrator, Jeff Burrows, and Wastewater Systems Supervisor, Matthew Williams, continued converting lift station and treatment plant control panels to the new SCADA system
• Staff continued working with Shawn Walker from the Streets Division to retrofi t and install a new irrigation pump control system and integrate it into SCADA • Staff also assisted Shawn Walker with the installation of a replacement motor starter, input card, and level transducer that failed at the Service Road Lift Station • Staff assist ed the Engineering Department with locating a sewer connection on 7 th
Street
• Staff attended training:

ITEM 5a
o Crane Operator Training
o Training for new CCTV van equipment, software training has not yet been completed
o Training for pesticide and herbicide application/spraying • Staff performed pond maintenance by discing Infiltration Ponds 1 and 2; and Percolation Ponds 1 and 4
• Staff completed six-month trouble-spot cleaning to prevent sewer issues • Staff sampled and delivered samples for TID Almond Power Plant Discharge Study • Staff marked 270 USA tickets, which took 38 hours; preventing contractors from damaging city sewer lines
• Turlock sewer use charges $72,612.72 for the month of April and $77,472.82 for the month of May
• Modesto sewer use charges $128,141.19 for the month of May • Biochemical Oxygen Demand (BOD) 118 mg/L
• Treated and disposed of 69.24 mg of wastewater with an average of 2.35 mg/D Ceres Wastewater System operations and maintenance are performed by one (1) supervisor, two (2) senior wastewater operators, two (2) operator II, two (2) operator-in-training. There are still three (3) open operator positions.

WATER SERVICES:

• June 2022 well production was 226.591 million gallons • Average water use for April 2022 was 7.55 million gallons per day • Water staff responded to 51 customer service requests • Water staff responded to 71 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system = 11,802
o Meters/radios serviced = 27
o Meters replaced = 27
o Meters upgraded from ¾”, 5/8” to 1”: 5
o New meter installations: 0
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 89 were exercised • Blow-offs and hydrants flushed: 47
• Water main leaks: 0
• Service line leaks: 5
• Service lines have been replaced: 5
• Hydrants replaced: 1
• Five service lines were repaired and run
• Well 23 filters pulled and replaced
• Well 22 motor was pulled and replaced
WATER CONSERVATION:

June 2022 calculated residential gallons used per person per day: 111.02 • Annual average is 89.40 gallons per person per day
• Responded to 42 water conservation service requests
ITEM 5a
• Issued courtesy notifications: 8
• Performed two (2) water audits
• Delivered 176 water waste warnings and 15 water waste fines • Rebates issued: d ishwasher = 1, smart irrigation = 0, ULF t oilets = 4, washing machine = 0, and turf replacements = 0
Total Rebates YTD = 70
The graph below shows our production numbers for 2020 in blue compared to 2022 in purple with the water reduction target of 15% in red. For June 2022, we had an increase of

3.58% from the June 2020 production numbers.

Water system maintenance is performed by one (1) p ublic works superintendent, one (1) water distribution supervisor, one (1) a dministrative analyst, o ne (1) senior w ater distribution operator, nine (9) water distribution operators, two (2) field service technicians, one (1) part-time water conservationist.

Approved by: ______________________________
Alex Terrazas, City Manager
ITEM 5a

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: July 25, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Community Development Director [email protected], (209) 538-5778
SUBJECT:

Redevelopment & Economic Development Activities Report
– Months of May and June 2022 (Information Only)
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

O verview Summary:

General activity in the Economic Development Division varied for the months of May and June 2022 which focused on business retention visits, recruiting downtown businesses, recruiting businesses for other vacant Ceres locations, and collaborating with local networks and organizations. Below, please find summaries of specific work activities related to Redevelopment and Economic Development Division listed by specific area.

CRA/SCRA Succession Agency Activities:
• Ceres Economic Development Strategic Plan (CEDSP) Update - Received and reviewed proposals regarding the update to the CEDSP. The last CEDSP was executed in 2012, covered the years 2013 – 2022, and had a project cost of $121,000. An update to the CEDSP will take six months to complete. The update will provide an analysis of geographic and economic data, highlight economic opportunities and goals, and identify milestones to strive for in the community.

• Way Finding Sign Program Presentations – In June 2022, the City Council designated ARPA f unding in the amount of $75,000 to be used for a Way ITEM 5b
Finding Sign Program for Ceres. Since approval of the budgeted ARPA funds, the Economic Development Department has been reviewing presentations of potential consultants that can complete the Way Finding Sign Program for Ceres. More information to come.

• The Retail Coach – Monthly Update Calls on potential retailers that have an interest in operating within the Ceres community. The Retail Coach has attended retailer conferences throughout the year advertising Ceres, as well as provided the City with feasibility data analysis reports that can assist the City in attracting retailers. In June of 2022, City Council had approved the 12 month contract extension with The Retail Coach to continue retail recruitment for the City of Ceres.

Business Retention and Outreach:

Monthly new Ceres businesses which include “Welcome to Ceres” emails, phone calls, and/or visits. These are the new businesses that recently received City business licenses in the months of May and June 2022:

May &
June New Business Licenses:

May 2022:

1. Expert Auto Collision

2. GX Travel & Multiservices

3. KBM Gift Shop

4. Gina’s House Keeping

5. Rafter J Cattle

6. Partners Personnel Management

7. Golden State Collision

8. Plus Pet Supplies

9. Generation Fashion

10. First Call Handyman

11. Villegas Power Wash

12. Saarloos Boutique

13. New Beginnings Recovery Residence

14. Friends Crafts Creations & Goodies
June 2022:

1. The Tint House

2. Cali Tobacco Shop

3. S & S Fashion

4. Amazing Discounts

5. Alvarez Masonry

6. Accurate Service Repair LLC

7. Adkins Construction

8. Erik Diaz Heating & Air Inc.

ITEM 5b

9. Simi Laundry

10. Classic Sunroofs

11. Schneider Acoustic Specialties

12. DAC Consulting

13. Angels Nails & Spa

14. Root Basics

15. J.S.R.

16. TNT Heating and Air

17. Bernis Mayorga Consulting

18. Turn Up With Em

19. King Pin Freight

20. Oasis Pool & Spa

21. APS Market

22. Brown Box Bakery LLC

23. Preferred Pools LLC

24. A & L Photography

25. Lara Flooring

26. Diego’s PT
May a nd June Total Business Retention Visits:

May 2022 Total Business Retention Visits: 10
 Manufacturing 1
 Restaurant/Food Services 1
 Retail 1
 Service 3
 Commercial Development 3
 W orkforce Development 1
Total 10
June 2022 Total Business Retention Visits: 9
 Manufacturing 1
 Service 3
 Potential New Business 2
 W orkforce Development 3
Total 9
Common Needs:

The most common needs were workforce and talent related. All businesses and organizations met with were struggling to retain and attract employees.

Business Attraction E fforts:
• Cold emails and introductory phone calls to various craft breweries, pubs, downtown type restaurants, and other retailers that may be interested in ITEM 5b
establishing a business location in Ceres.

• Developer Meetings – Met with multiple developers and commercial brokers to discuss commercial development and residential development opportunities within the City of Ceres.

Local/Regional Eco nomic Development Events/Workshops/Activities:
• Stanislaus County Employer Advisory Business Workshop on CalSavers Mandatory Retirement Plan (June 3, 2022) – Event hosted at the Ceres Community Center. Employers were able to learn about the mandatory retirement plan that employers will soon be required to offer their employees in California.
• Bridging the Gap Business Resource Event (June 23, 2022) – Event hosted at the Ceres Community Center. Small businesses and entrepreneurs learned business strategy resources and funding opportunities that were presented by:

SBA, Valley Sierra Small Business Development Center ( SBDC), Stanislaus Equity Partners, Ledbetter & Associates-Exit Realty Consultants, Social Media Marketing, Commercial Leasing Strategies.
• 2022 Ceres Community Job Fair (July 12, 2022) – Job seekers were able to meet with 60+ employers at this well-attended event.
• City of Ceres Co-Sponsor Free Small Business Webinar (July 14, 2022) – The City of Ceres co- sponsored this small business webinar with the City of Modesto, and the State Controller Betty Yee’s office. The City of Ceres had the opportunity to discuss current and future economic development activities going on within the Ceres community.

• Californians Together Central Valley Multilingual Consortium (August 10, 2022) – This event will be hosted on August 10 th at the Ceres Community Center and will discuss the current needs, issues and opportunities for English Learning Workforce across the Central Valley Region. This event will provide an opportunity for leaders from many of the Central Valley’s professional school-related and community organizations to join together and learn about the current state of affairs for English learners in California’s Central Valley.

Registration Link:
https://docs.google.com/forms/d/e/1FAIpQLSeFk09VKIU0qalEz441fO5HRDIv nAxyz0KQkqgQJ4W3I51HBw/viewform
• SBDC Small Business Workshop (August 11, 2022) – This event will be hosted on August 11 th at the Ceres Community Center. SBDC will share information to help small businesses. More information will be available soon.

ITEM 5b

Downtown Revitalization Initiatives:
• LOZA Wine & Crepe – Opened for business in late June. A grand opening will occur once the business has settled in. More information will follow. • Bishop Coffee – New coffee shop located across from Ceres Drug that is due to open in August/September.
• Researched quotes for further seasonal banners for light posts that have no banners yet.
• Ceres Military Banners Program launched and accepting applications for the allotment of 37 banners which will be displayed throughout the Ceres downtown area.

Approved by: ______________________________
Alex Terrazas, City Manager

ITEM 5b
ITEM 5b

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 25, 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. 2022-87, Ordering the Levy and Collection of Special Taxes for Fiscal Year 202 2/23 within the City of Ceres Community Facilities District No. 1 (Public Services)

RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve a resolution o rdering the levy and collection of special taxes for fiscal year 202 2/23 within the City of Ceres Community Facilities District No. 1 (Public Services).

I. BACKGROUND:

The City of Ceres has, by previous resolutions or other proceedings, declared its intent to levy special taxes within Community Facilities District No. 1 for police, fire, and park maintenance under the provisions of the Mello-Roos Community Facility Act of 1982. The special taxes against the real property are not levied with regard to property values, but rather per parcel of land within said district (Exhibit A).

This Resolution sets the new adjusted amount of the tax rate and orders its collection.

Each year the tax rate can be adjusted by the Consumer Price Index (CPI). The CPI used is titled All Urban Consumers for the San Francisco- Oakland-San Jose area based on all items. The annual value is used in the calculations and the adjustment is not to exceed 4% in any year. The specific CPI to be used was determined when the district was created in 2002. This year the CPI increase is 1.722% and the rate is $327.82.

The City of Ceres has determined and certifies the special taxes are either exempt from or in compliance with all the provisions of Proposition 218, which was passed by the voters in November 1996. The City of Ceres has further determined the special taxes are in compliance with all laws pertaining to the levy of such special taxes.

ITEM 6
II. REASONS FOR RECOMMENDATION:

Last year, Council chose not to increase the levy and kept the rates at the FY 2020/21 levy amount. Staff recommends the r esolution be adopt ed with the new tax rate in order to continue to offer the appropriate level of service to the districts. Once approved, staff can place the new rate on the FY 2022/23 tax roll.

III. FISCAL IMPACTS:

If the r esolution is adopted, the City will be able to collect the assessments during the 2022/23 fiscal year.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

This recommendation is consistent with the Strategic Plan Summary in accordance with “Strategies: Livable Community.”
V. POLICY ALTERNATIVES:

If the City Council does not adopt this r esolution, last year’s rates will be collected on all the parcels.

VI. STEPS FOLLOWING APPROVAL:

Prepare a tax listing based on the new rate for FY 2022/23. Submit the resolution and tax listing to the Assessor of Stanislaus County so the levy will be placed on the tax roll.

Approved by: _________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Exhi bit A
ITEM 6
RESOLUTION NO. 2022-87

ORDERING THE LEVY AND COLLECTION OF
SPECIAL TAXES FOR FISCAL YEAR 2022/23 WITHIN THE CITY OF CERES COMMUNITY FACILITIES DISTRICT NO. 1 (PUBLIC SERVICES)
The City Council
City of Ceres
WHEREAS, the City’s Community Facilities District No. 1 (Public Services) (the “District”) was previously established in accordance with and pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); and WHEREAS, the Council has by previous resolution or other proceedings declared it s intent to levy special taxes within the District for certain public services, and determined said special taxes are levied and col lected pursuant to the Rate and Method of Apportionment of Special Tax within the District and are not levied with regard to property values; and
WHEREAS, the Council certifies the special taxes are not subject to the provisions of California Cons titution Article XIII D (“Proposition 218”) as enacted by the voters of the State of California in November, 1996; and NOW, THE REFORE BE IT RESOLVED, that the City Council of the City of Ceres does hereby order the levy and collection of special taxes for fiscal year 2022/23 within the City of Ceres Com munity Facilities District No. 1 (Public Services).

BE IT F URTHER R ESOLVED, the special taxes will be levied and collected in the same manner as ordinary ad valorem property taxes are collected.

BE IT FURTHER RESOLVED, that a certified copy of t his resolution be delivered to the Assessor of Stanislaus County.

PASSED AND AD OPTED by t he Council at a regular m eeting thereof held on the 25th 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

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* 039-013-027-000 Taxable 039-014-036-000 Taxable 039-058-098-000 Exempt 039-067-013-000 Taxable 039-013-028-000 Taxable 039-014-037-000 Exempt 039-060-001-000 Taxable 039-067-014-000 Taxable 039-013-029-000 Taxable 039-014-038-000 Taxable 039-060-028-000 Taxable 039-067-015-000 Taxable 039-013-030-000 Taxable 039-014-039-000 Taxable 039-060-029-000 Taxable 039-067-016-000 Taxable 039-013-031-000 Taxable 039-014-040-000 Taxable 039-060-030-000 Taxable 039-067-017-000 Taxable 039-013-032-000 Taxable 039-014-041-000 Exempt 039-060-031-000 Taxable 039-067-018-000 Taxable 039-013-033-000 Taxable 039-014-042-000 Exempt 039-060-032-000 Taxable 039-067-019-000 Taxable 039-013-034-000 Exempt 039-014-043-000 Exempt 039-060-033-000 Taxable 039-067-020-000 Taxable 039-013-035-000 Taxable 039-014-044-000 Taxable 039-060-034-000 Taxable 039-067-021-000 Taxable 039-013-037-000 Exempt 039-014-045-000 Taxable 039-060-035-000 Taxable 039-067-022-000 Exempt 039-013-038-000 Exempt 039-017-012-000 Taxable 039-060-036-000 Taxable 039-067-023-000 Taxable 039-014-010-000 Taxable 039-054-076-000 Taxable 039-060-037-000 Taxable 039-067-024-000 Taxable 039-014-011-000 Taxable 039-054-077-000 Taxable 039-060-038-000 Taxable 039-067-025-000 Taxable 039-014-012-000 Taxable 039-054-078-000 Taxable 039-062-082-000 Taxable 039-067-026-000 Taxable 039-014-013-000 Taxable 039-054-079-000 Taxable 039-062-083-000 Taxable 039-067-027-000 Taxable 039-014-014-000 Taxable 039-054-080-000 Taxable 039-062-084-000 Taxable 039-067-028-000 Taxable 039-014-015-000 Taxable 039-054-081-000 Taxable 039-062-085-000 Taxable 039-067-029-000 Taxable 039-014-016-000 Exempt 039-054-082-000 Taxable 039-062-086-000 Taxable 039-067-030-000 Taxable 039-014-017-000 Taxable 039-054-083-000 Taxable 039-062-087-000 Taxable 039-067-031-000 Taxable 039-014-018-000 Taxable 039-054-084-000 Taxable 039-062-088-000 Taxable 039-067-032-000 Taxable 039-014-019-000 Taxable 039-054-085-000 Taxable 039-062-089-000 Taxable 039-067-033-000 Taxable 039-014-020-000 Exempt 039-054-086-000 Taxable 039-062-090-000 Taxable 039-067-034-000 Taxable 039-014-021-000 Taxable 039-054-087-000 Taxable 039-067-001-000 Taxable 039-067-035-000 Taxable 039-014-022-000 Taxable 039-054-088-000 Exempt 039-067-002-000 Taxable 039-067-036-000 Taxable 039-014-023-000 Exempt 039-054-089-000 Exempt 039-067-003-000 Taxable 039-067-037-000 Taxable 039-014-024-000 Taxable 039-058-091-000 Taxable 039-067-004-000 Taxable 039-067-038-000 Exempt 039-014-028-000 Taxable 039-058-092-000 Taxable 039-067-007-000 Taxable 039-067-039-000 Taxable 039-014-029-000 Taxable 039-058-093-000 Taxable 039-067-008-000 Taxable 039-067-040-000 Taxable 039-014-032-000 Taxable 039-058-094-000 Taxable 039-067-009-000 Exempt 039-067-041-000 Taxable 039-014-033-000 Taxable 039-058-095-000 Taxable 039-067-010-000 Taxable 039-067-042-000 Taxable 039-014-034-000 Exempt 039-058-096-000 Taxable 039-067-011-000 Taxable 039-067-043-000 Taxable 039-014-035-000 Exempt 039-058-097-000 Exempt 039-067-012-000 Taxable 039-067-044-000 Taxable CFD 1
ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
039-067-045-000 Taxable 039-067-078-000 Taxable 040-009-067-000 Taxable 040-093-021-000 Taxable 039-067-046-000 Taxable 040-009-038-000 Taxable 040-009-068-000 Taxable 040-093-022-000 Taxable 039-067-047-000 Taxable 040-009-039-000 Taxable 040-009-069-000 Taxable 040-093-023-000 Taxable 039-067-048-000 Taxable 040-009-040-000 Taxable 040-009-070-000 Taxable 040-093-024-000 Taxable 039-067-049-000 Taxable 040-009-041-000 Taxable 040-009-071-000 Taxable 040-093-025-000 Taxable 039-067-050-000 Taxable 040-009-042-000 Taxable 040-009-072-000 Taxable 040-093-026-000 Taxable 039-067-051-000 Taxable 040-009-043-000 Taxable 040-014-090-000 Exempt 040-093-027-000 Taxable 039-067-052-000 Taxable 040-009-044-000 Taxable 040-067-046-000 Taxable 040-093-028-000 Taxable 039-067-056-000 Taxable 040-009-045-000 Taxable 040-067-047-000 Exempt 040-093-029-000 Taxable 039-067-057-000 Taxable 040-009-046-000 Taxable 040-086-072-000 Taxable 040-093-030-000 Taxable 039-067-058-000 Taxable 040-009-047-000 Taxable 040-093-001-000 Exempt 040-093-031-000 Taxable 039-067-059-000 Taxable 040-009-048-000 Taxable 040-093-002-000 Taxable 040-093-032-000 Taxable 039-067-060-000 Taxable 040-009-049-000 Taxable 040-093-003-000 Taxable 040-093-033-000 Taxable 039-067-061-000 Taxable 040-009-050-000 Taxable 040-093-004-000 Taxable 040-093-034-000 Taxable 039-067-062-000 Taxable 040-009-051-000 Taxable 040-093-005-000 Taxable 040-093-035-000 Taxable 039-067-063-000 Taxable 040-009-052-000 Taxable 040-093-006-000 Taxable 053-004-049-000 Taxable 039-067-064-000 Taxable 040-009-053-000 Taxable 040-093-007-000 Taxable 053-022-062-000 Taxable 039-067-065-000 Taxable 040-009-054-000 Taxable 040-093-008-000 Taxable 053-029-023-000 Exempt 039-067-066-000 Taxable 040-009-055-000 Taxable 040-093-009-000 Taxable 053-033-005-000 Taxable 039-067-067-000 Taxable 040-009-056-000 Taxable 040-093-010-000 Taxable 053-033-006-000 Taxable 039-067-068-000 Exempt 040-009-057-000 Taxable 040-093-011-000 Taxable 053-033-007-000 Taxable 039-067-069-000 Taxable 040-009-058-000 Taxable 040-093-012-000 Taxable 053-058-043-000 Taxable 039-067-070-000 Taxable 040-009-059-000 Exempt 040-093-013-000 Taxable 053-058-045-000 Taxable 039-067-071-000 Taxable 040-009-060-000 Taxable 040-093-014-000 Taxable 053-058-046-000 Taxable 039-067-072-000 Taxable 040-009-061-000 Taxable 040-093-015-000 Taxable 053-058-047-000 Taxable 039-067-073-000 Taxable 040-009-062-000 Taxable 040-093-016-000 Taxable 053-058-048-000 Taxable 039-067-074-000 Taxable 040-009-063-000 Taxable 040-093-017-000 Taxable 053-058-049-000 Taxable 039-067-075-000 Taxable 040-009-064-000 Taxable 040-093-018-000 Taxable 053-058-050-000 Taxable 039-067-076-000 Taxable 040-009-065-000 Taxable 040-093-019-000 Taxable 053-058-054-000 Taxable 039-067-077-000 Taxable 040-009-066-000 Taxable 040-093-020-000 Taxable 053-058-056-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
053-059-001-000 Taxable 053-059-031-000 Taxable 053-060-003-000 Exempt 053-060-033-000 Exempt 053-059-002-000 Taxable 053-059-032-000 Taxable 053-060-004-000 Exempt 053-060-034-000 Exempt 053-059-003-000 Taxable 053-059-033-000 Taxable 053-060-005-000 Exempt 053-060-035-000 Exempt 053-059-004-000 Taxable 053-059-034-000 Taxable 053-060-006-000 Exempt 053-060-036-000 Exempt 053-059-005-000 Taxable 053-059-035-000 Taxable 053-060-007-000 Exempt 053-060-037-000 Exempt 053-059-006-000 Taxable 053-059-036-000 Taxable 053-060-008-000 Exempt 053-060-038-000 Exempt 053-059-007-000 Taxable 053-059-037-000 Taxable 053-060-009-000 Exempt 053-060-039-000 Exempt 053-059-008-000 Taxable 053-059-038-000 Taxable 053-060-010-000 Exempt 053-060-040-000 Exempt 053-059-009-000 Taxable 053-059-039-000 Taxable 053-060-011-000 Exempt 053-060-041-000 Exempt 053-059-010-000 Taxable 053-059-040-000 Taxable 053-060-012-000 Exempt 053-060-042-000 Exempt 053-059-011-000 Taxable 053-059-041-000 Taxable 053-060-013-000 Exempt 053-060-043-000 Exempt 053-059-012-000 Taxable 053-059-042-000 Taxable 053-060-014-000 Exempt 053-060-044-000 Exempt 053-059-013-000 Taxable 053-059-043-000 Taxable 053-060-015-000 Exempt 069-015-011-000 Taxable 053-059-014-000 Taxable 053-059-044-000 Taxable 053-060-016-000 Exempt 069-016-002-000 Taxable 053-059-015-000 Taxable 053-059-045-000 Taxable 053-060-017-000 Exempt 069-016-003-000 Taxable 053-059-016-000 Taxable 053-059-046-000 Taxable 053-060-018-000 Exempt 069-029-001-000 Taxable 053-059-017-000 Taxable 053-059-047-000 Taxable 053-060-019-000 Exempt 069-029-002-000 Taxable 053-059-018-000 Taxable 053-059-048-000 Taxable 053-060-020-000 Exempt 069-029-003-000 Taxable 053-059-019-000 Taxable 053-059-049-000 Taxable 053-060-021-000 Exempt 069-029-004-000 Taxable 053-059-020-000 Taxable 053-059-050-000 Taxable 053-060-022-000 Exempt 069-029-005-000 Taxable 053-059-021-000 Taxable 053-059-051-000 Taxable 053-060-023-000 Exempt 069-029-006-000 Taxable 053-059-022-000 Taxable 053-059-052-000 Taxable 053-060-024-000 Exempt 069-029-007-000 Taxable 053-059-023-000 Taxable 053-059-053-000 Taxable 053-060-025-000 Exempt 069-029-008-000 Taxable 053-059-024-000 Taxable 053-059-054-000 Taxable 053-060-026-000 Exempt 069-029-009-000 Taxable 053-059-025-000 Taxable 053-059-055-000 Taxable 053-060-027-000 Exempt 069-029-010-000 Taxable 053-059-026-000 Taxable 053-059-056-000 Taxable 053-060-028-000 Exempt 069-029-011-000 Taxable 053-059-027-000 Taxable 053-059-057-000 Taxable 053-060-029-000 Exempt 069-029-012-000 Taxable 053-059-028-000 Taxable 053-059-058-000 Taxable 053-060-030-000 Exempt 069-029-013-000 Taxable 053-059-029-000 Taxable 053-060-001-000 Exempt 053-060-031-000 Exempt 069-029-014-000 Taxable 053-059-030-000 Taxable 053-060-002-000 Exempt 053-060-032-000 Exempt 069-029-015-000 Taxable 069-029-016-000 Taxable 069-029-047-000 Taxable 069-029-077-000 Taxable 069-030-016-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-029-017-000 Taxable 069-029-048-000 Taxable 069-029-078-000 Taxable 069-030-017-000 Taxable 069-029-018-000 Taxable 069-029-049-000 Taxable 069-029-079-000 Taxable 069-030-018-000 Taxable 069-029-019-000 Taxable 069-029-050-000 Taxable 069-029-080-000 Taxable 069-030-019-000 Taxable 069-029-020-000 Taxable 069-029-051-000 Taxable 069-029-081-000 Taxable 069-030-020-000 Taxable 069-029-021-000 Taxable 069-029-052-000 Taxable 069-029-082-000 Taxable 069-030-021-000 Taxable 069-029-022-000 Taxable 069-029-053-000 Taxable 069-029-083-000 Taxable 069-030-022-000 Taxable 069-029-023-000 Taxable 069-029-054-000 Taxable 069-029-084-000 Taxable 069-030-023-000 Taxable 069-029-024-000 Taxable 069-029-055-000 Taxable 069-029-085-000 Taxable 069-030-024-000 Taxable 069-029-025-000 Taxable 069-029-056-000 Taxable 069-029-086-000 Taxable 069-030-025-000 Taxable 069-029-026-000 Taxable 069-029-057-000 Taxable 069-029-087-000 Taxable 069-030-026-000 Taxable 069-029-027-000 Taxable 069-029-058-000 Taxable 069-029-088-000 Taxable 069-030-027-000 Taxable 069-029-028-000 Taxable 069-029-059-000 Taxable 069-029-089-000 Taxable 069-030-028-000 Taxable 069-029-029-000 Taxable 069-029-060-000 Taxable 069-029-090-000 Taxable 069-030-029-000 Taxable 069-029-031-000 Taxable 069-029-061-000 Taxable 069-029-091-000 Taxable 069-030-030-000 Taxable 069-029-032-000 Taxable 069-029-062-000 Taxable 069-030-001-000 Taxable 069-030-031-000 Taxable 069-029-033-000 Taxable 069-029-063-000 Taxable 069-030-002-000 Taxable 069-030-032-000 Taxable 069-029-034-000 Taxable 069-029-064-000 Taxable 069-030-003-000 Taxable 069-030-033-000 Taxable 069-029-035-000 Taxable 069-029-065-000 Taxable 069-030-004-000 Taxable 069-030-034-000 Taxable 069-029-036-000 Taxable 069-029-066-000 Taxable 069-030-005-000 Taxable 069-030-035-000 Taxable 069-029-037-000 Taxable 069-029-067-000 Taxable 069-030-006-000 Taxable 069-030-036-000 Taxable 069-029-038-000 Taxable 069-029-068-000 Taxable 069-030-007-000 Taxable 069-030-037-000 Taxable 069-029-039-000 Taxable 069-029-069-000 Taxable 069-030-008-000 Taxable 069-030-038-000 Taxable 069-029-040-000 Taxable 069-029-070-000 Taxable 069-030-009-000 Taxable 069-030-039-000 Taxable 069-029-041-000 Taxable 069-029-071-000 Taxable 069-030-010-000 Taxable 069-030-040-000 Taxable 069-029-042-000 Taxable 069-029-072-000 Taxable 069-030-011-000 Taxable 069-030-041-000 Taxable 069-029-043-000 Taxable 069-029-073-000 Taxable 069-030-012-000 Taxable 069-030-042-000 Taxable 069-029-044-000 Taxable 069-029-074-000 Taxable 069-030-013-000 Taxable 069-030-043-000 Taxable 069-029-045-000 Taxable 069-029-075-000 Taxable 069-030-014-000 Taxable 069-030-044-000 Taxable 069-029-046-000 Taxable 069-029-076-000 Taxable 069-030-015-000 Taxable 069-030-045-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-030-046-000 Taxable 069-030-076-000 Taxable 069-031-024-000 Taxable 069-031-054-000 Taxable 069-030-047-000 Taxable 069-030-077-000 Taxable 069-031-025-000 Taxable 069-031-055-000 Taxable 069-030-048-000 Taxable 069-030-078-000 Taxable 069-031-026-000 Taxable 069-032-001-000 Taxable 069-030-049-000 Taxable 069-030-079-000 Taxable 069-031-027-000 Taxable 069-032-002-000 Taxable 069-030-050-000 Taxable 069-030-080-000 Taxable 069-031-028-000 Taxable 069-032-003-000 Taxable 069-030-051-000 Taxable 069-030-081-000 Taxable 069-031-029-000 Taxable 069-032-004-000 Taxable 069-030-052-000 Taxable 069-030-082-000 Taxable 069-031-030-000 Taxable 069-032-005-000 Taxable 069-030-053-000 Taxable 069-031-001-000 Taxable 069-031-031-000 Taxable 069-032-006-000 Taxable 069-030-054-000 Taxable 069-031-002-000 Taxable 069-031-032-000 Taxable 069-032-007-000 Taxable 069-030-055-000 Taxable 069-031-003-000 Taxable 069-031-033-000 Taxable 069-032-008-000 Taxable 069-030-056-000 Taxable 069-031-004-000 Taxable 069-031-034-000 Taxable 069-032-009-000 Taxable 069-030-057-000 Taxable 069-031-005-000 Taxable 069-031-035-000 Taxable 069-032-010-000 Taxable 069-030-058-000 Taxable 069-031-006-000 Taxable 069-031-036-000 Taxable 069-032-011-000 Taxable 069-030-059-000 Taxable 069-031-007-000 Taxable 069-031-037-000 Taxable 069-032-012-000 Taxable 069-030-060-000 Taxable 069-031-008-000 Taxable 069-031-038-000 Taxable 069-032-013-000 Taxable 069-030-061-000 Taxable 069-031-009-000 Taxable 069-031-039-000 Taxable 069-032-014-000 Taxable 069-030-062-000 Taxable 069-031-010-000 Taxable 069-031-040-000 Taxable 069-032-015-000 Taxable 069-030-063-000 Taxable 069-031-011-000 Taxable 069-031-041-000 Taxable 069-032-016-000 Taxable 069-030-064-000 Taxable 069-031-012-000 Taxable 069-031-042-000 Taxable 069-032-017-000 Taxable 069-030-065-000 Taxable 069-031-013-000 Taxable 069-031-043-000 Taxable 069-032-018-000 Taxable 069-030-066-000 Taxable 069-031-014-000 Taxable 069-031-044-000 Taxable 069-032-019-000 Taxable 069-030-067-000 Taxable 069-031-015-000 Taxable 069-031-045-000 Taxable 069-032-020-000 Taxable 069-030-068-000 Taxable 069-031-016-000 Taxable 069-031-046-000 Taxable 069-032-021-000 Taxable 069-030-069-000 Taxable 069-031-017-000 Taxable 069-031-047-000 Taxable 069-032-022-000 Taxable 069-030-070-000 Taxable 069-031-018-000 Taxable 069-031-048-000 Taxable 069-032-023-000 Taxable 069-030-071-000 Taxable 069-031-019-000 Taxable 069-031-049-000 Taxable 069-032-024-000 Taxable 069-030-072-000 Taxable 069-031-020-000 Taxable 069-031-050-000 Taxable 069-032-025-000 Taxable 069-030-073-000 Taxable 069-031-021-000 Taxable 069-031-051-000 Taxable 069-032-026-000 Taxable 069-030-074-000 Taxable 069-031-022-000 Taxable 069-031-052-000 Taxable 069-032-027-000 Taxable 069-030-075-000 Taxable 069-031-023-000 Taxable 069-031-053-000 Taxable 069-032-028-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-032-029-000 Taxable 069-032-059-000 Taxable 069-033-035-000 Taxable 069-033-065-000 Taxable 069-032-030-000 Taxable 069-033-006-000 Taxable 069-033-036-000 Taxable 069-033-066-000 Taxable 069-032-031-000 Taxable 069-033-007-000 Taxable 069-033-037-000 Taxable 069-033-067-000 Taxable 069-032-032-000 Taxable 069-033-008-000 Taxable 069-033-038-000 Taxable 069-033-068-000 Taxable 069-032-033-000 Taxable 069-033-009-000 Taxable 069-033-039-000 Taxable 069-034-001-000 Taxable 069-032-034-000 Taxable 069-033-010-000 Taxable 069-033-040-000 Taxable 069-034-002-000 Taxable 069-032-035-000 Taxable 069-033-011-000 Taxable 069-033-041-000 Taxable 069-034-003-000 Taxable 069-032-036-000 Taxable 069-033-012-000 Taxable 069-033-042-000 Taxable 069-034-004-000 Taxable 069-032-037-000 Taxable 069-033-013-000 Taxable 069-033-043-000 Taxable 069-034-005-000 Taxable 069-032-038-000 Taxable 069-033-014-000 Taxable 069-033-044-000 Taxable 069-034-006-000 Taxable 069-032-039-000 Taxable 069-033-015-000 Taxable 069-033-045-000 Taxable 069-034-007-000 Taxable 069-032-040-000 Taxable 069-033-016-000 Taxable 069-033-046-000 Taxable 069-034-008-000 Taxable 069-032-041-000 Taxable 069-033-017-000 Taxable 069-033-047-000 Taxable 069-034-009-000 Taxable 069-032-042-000 Taxable 069-033-018-000 Taxable 069-033-048-000 Taxable 069-034-010-000 Taxable 069-032-043-000 Taxable 069-033-019-000 Taxable 069-033-049-000 Taxable 069-034-011-000 Taxable 069-032-044-000 Taxable 069-033-020-000 Taxable 069-033-050-000 Taxable 069-034-012-000 Taxable 069-032-045-000 Taxable 069-033-021-000 Taxable 069-033-051-000 Taxable 069-034-013-000 Taxable 069-032-046-000 Taxable 069-033-022-000 Taxable 069-033-052-000 Taxable 069-034-014-000 Taxable 069-032-047-000 Taxable 069-033-023-000 Taxable 069-033-053-000 Taxable 069-034-015-000 Taxable 069-032-048-000 Taxable 069-033-024-000 Taxable 069-033-054-000 Taxable 069-034-016-000 Taxable 069-032-049-000 Taxable 069-033-025-000 Taxable 069-033-055-000 Taxable 069-034-017-000 Taxable 069-032-050-000 Taxable 069-033-026-000 Taxable 069-033-056-000 Taxable 069-034-018-000 Taxable 069-032-051-000 Taxable 069-033-027-000 Taxable 069-033-057-000 Taxable 069-034-019-000 Taxable 069-032-052-000 Taxable 069-033-028-000 Taxable 069-033-058-000 Taxable 069-034-020-000 Taxable 069-032-053-000 Taxable 069-033-029-000 Taxable 069-033-059-000 Taxable 069-034-021-000 Taxable 069-032-054-000 Taxable 069-033-030-000 Taxable 069-033-060-000 Taxable 069-034-022-000 Taxable 069-032-055-000 Taxable 069-033-031-000 Taxable 069-033-061-000 Taxable 069-034-023-000 Taxable 069-032-056-000 Taxable 069-033-032-000 Taxable 069-033-062-000 Taxable 069-034-024-000 Taxable 069-032-057-000 Taxable 069-033-033-000 Taxable 069-033-063-000 Taxable 069-034-025-000 Taxable 069-032-058-000 Taxable 069-033-034-000 Taxable 069-033-064-000 Taxable 069-034-026-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-034-027-000 Taxable 069-035-004-000 Taxable 069-035-034-000 Taxable 069-036-014-000 Taxable 069-034-028-000 Taxable 069-035-005-000 Taxable 069-035-035-000 Taxable 069-036-015-000 Taxable 069-034-029-000 Taxable 069-035-006-000 Taxable 069-035-036-000 Taxable 069-036-016-000 Taxable 069-034-030-000 Taxable 069-035-007-000 Taxable 069-035-037-000 Taxable 069-036-017-000 Taxable 069-034-031-000 Taxable 069-035-008-000 Taxable 069-035-038-000 Taxable 069-036-018-000 Taxable 069-034-032-000 Taxable 069-035-009-000 Taxable 069-035-039-000 Taxable 069-036-019-000 Taxable 069-034-033-000 Taxable 069-035-010-000 Taxable 069-035-040-000 Taxable 069-036-020-000 Taxable 069-034-034-000 Taxable 069-035-011-000 Taxable 069-035-041-000 Taxable 069-036-021-000 Taxable 069-034-035-000 Taxable 069-035-012-000 Taxable 069-035-042-000 Taxable 069-036-022-000 Taxable 069-034-036-000 Taxable 069-035-013-000 Taxable 069-035-043-000 Taxable 069-036-023-000 Taxable 069-034-037-000 Taxable 069-035-014-000 Taxable 069-035-044-000 Taxable 069-036-024-000 Taxable 069-034-038-000 Taxable 069-035-015-000 Taxable 069-035-045-000 Taxable 069-036-025-000 Taxable 069-034-039-000 Taxable 069-035-016-000 Taxable 069-035-046-000 Taxable 069-036-026-000 Taxable 069-034-040-000 Taxable 069-035-017-000 Taxable 069-035-047-000 Taxable 069-036-027-000 Taxable 069-034-041-000 Taxable 069-035-018-000 Taxable 069-035-048-000 Taxable 069-036-028-000 Taxable 069-034-042-000 Taxable 069-035-019-000 Taxable 069-035-049-000 Taxable 069-036-029-000 Taxable 069-034-043-000 Taxable 069-035-020-000 Taxable 069-035-050-000 Taxable 069-036-030-000 Taxable 069-034-044-000 Taxable 069-035-021-000 Taxable 069-035-051-000 Taxable 069-036-031-000 Taxable 069-034-045-000 Taxable 069-035-022-000 Taxable 069-036-001-000 Exempt 069-036-032-000 Taxable 069-034-046-000 Taxable 069-035-023-000 Taxable 069-036-003-000 Taxable 069-036-033-000 Taxable 069-034-047-000 Taxable 069-035-024-000 Taxable 069-036-004-000 Taxable 069-036-034-000 Taxable 069-034-048-000 Taxable 069-035-025-000 Taxable 069-036-005-000 Taxable 069-036-035-000 Taxable 069-034-049-000 Taxable 069-035-026-000 Taxable 069-036-006-000 Taxable 069-036-036-000 Taxable 069-034-050-000 Taxable 069-035-027-000 Taxable 069-036-007-000 Taxable 069-036-037-000 Taxable 069-034-051-000 Taxable 069-035-028-000 Taxable 069-036-008-000 Taxable 069-036-038-000 Taxable 069-034-052-000 Taxable 069-035-029-000 Taxable 069-036-009-000 Taxable 069-036-039-000 Taxable 069-034-053-000 Taxable 069-035-030-000 Taxable 069-036-010-000 Taxable 069-036-040-000 Taxable 069-035-001-000 Taxable 069-035-031-000 Taxable 069-036-011-000 Taxable 069-036-041-000 Taxable 069-035-002-000 Taxable 069-035-032-000 Taxable 069-036-012-000 Taxable 069-036-042-000 Taxable 069-035-003-000 Taxable 069-035-033-000 Taxable 069-036-013-000 Taxable 069-036-043-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-036-044-000 Taxable 069-036-074-000 Taxable 069-037-022-000 Taxable 069-037-052-000 Taxable 069-036-045-000 Taxable 069-036-075-000 Taxable 069-037-023-000 Taxable 069-037-053-000 Taxable 069-036-046-000 Taxable 069-036-076-000 Taxable 069-037-024-000 Taxable 069-037-054-000 Taxable 069-036-047-000 Taxable 069-036-077-000 Taxable 069-037-025-000 Taxable 069-037-055-000 Taxable 069-036-048-000 Taxable 069-036-078-000 Taxable 069-037-026-000 Taxable 069-037-056-000 Taxable 069-036-049-000 Taxable 069-036-079-000 Taxable 069-037-027-000 Taxable 069-037-057-000 Taxable 069-036-050-000 Taxable 069-036-080-000 Taxable 069-037-028-000 Taxable 069-037-058-000 Taxable 069-036-051-000 Taxable 069-036-081-000 Taxable 069-037-029-000 Taxable 069-037-059-000 Taxable 069-036-052-000 Taxable 069-036-082-000 Taxable 069-037-030-000 Taxable 069-037-060-000 Taxable 069-036-053-000 Taxable 069-037-001-000 Taxable 069-037-031-000 Taxable 069-037-061-000 Taxable 069-036-054-000 Taxable 069-037-002-000 Taxable 069-037-032-000 Taxable 069-037-062-000 Taxable 069-036-055-000 Taxable 069-037-003-000 Taxable 069-037-033-000 Taxable 069-037-063-000 Taxable 069-036-056-000 Taxable 069-037-004-000 Taxable 069-037-034-000 Taxable 069-037-064-000 Taxable 069-036-057-000 Taxable 069-037-005-000 Taxable 069-037-035-000 Taxable 069-037-065-000 Taxable 069-036-058-000 Taxable 069-037-006-000 Taxable 069-037-036-000 Taxable 069-037-066-000 Taxable 069-036-059-000 Taxable 069-037-007-000 Taxable 069-037-037-000 Taxable 069-037-067-000 Taxable 069-036-060-000 Taxable 069-037-008-000 Taxable 069-037-038-000 Taxable 069-037-068-000 Taxable 069-036-061-000 Taxable 069-037-009-000 Taxable 069-037-039-000 Taxable 069-037-069-000 Taxable 069-036-062-000 Taxable 069-037-010-000 Taxable 069-037-040-000 Taxable 069-037-070-000 Taxable 069-036-063-000 Taxable 069-037-011-000 Taxable 069-037-041-000 Taxable 069-037-071-000 Taxable 069-036-064-000 Taxable 069-037-012-000 Taxable 069-037-042-000 Taxable 069-037-072-000 Taxable 069-036-065-000 Taxable 069-037-013-000 Taxable 069-037-043-000 Taxable 069-037-073-000 Taxable 069-036-066-000 Taxable 069-037-014-000 Taxable 069-037-044-000 Taxable 069-037-074-000 Taxable 069-036-067-000 Taxable 069-037-015-000 Taxable 069-037-045-000 Taxable 069-037-075-000 Taxable 069-036-068-000 Taxable 069-037-016-000 Taxable 069-037-046-000 Taxable 069-037-076-000 Taxable 069-036-069-000 Taxable 069-037-017-000 Taxable 069-037-047-000 Taxable 069-037-077-000 Taxable 069-036-070-000 Taxable 069-037-018-000 Taxable 069-037-048-000 Taxable 069-037-078-000 Taxable 069-036-071-000 Taxable 069-037-019-000 Taxable 069-037-049-000 Taxable 069-037-079-000 Taxable 069-036-072-000 Taxable 069-037-020-000 Taxable 069-037-050-000 Taxable 069-037-080-000 Taxable 069-036-073-000 Taxable 069-037-021-000 Taxable 069-037-051-000 Taxable 069-037-081-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-037-082-000 Taxable 069-038-023-000 Taxable 069-039-003-000 Taxable 069-039-034-000 Taxable 069-037-083-000 Taxable 069-038-024-000 Taxable 069-039-004-000 Taxable 069-039-035-000 Taxable 069-037-084-000 Taxable 069-038-025-000 Taxable 069-039-005-000 Taxable 069-039-036-000 Taxable 069-037-085-000 Taxable 069-038-026-000 Taxable 069-039-006-000 Taxable 069-039-037-000 Taxable 069-037-086-000 Taxable 069-038-027-000 Taxable 069-039-007-000 Taxable 069-040-001-000 Taxable 069-037-087-000 Taxable 069-038-028-000 Taxable 069-039-008-000 Taxable 069-040-002-000 Taxable 069-037-088-000 Taxable 069-038-029-000 Taxable 069-039-009-000 Taxable 069-040-003-000 Taxable 069-037-089-000 Taxable 069-038-030-000 Taxable 069-039-010-000 Taxable 069-040-004-000 Taxable 069-038-001-000 Taxable 069-038-031-000 Taxable 069-039-011-000 Taxable 069-040-005-000 Taxable 069-038-002-000 Taxable 069-038-032-000 Taxable 069-039-012-000 Taxable 069-040-006-000 Taxable 069-038-003-000 Taxable 069-038-033-000 Taxable 069-039-013-000 Taxable 069-040-007-000 Taxable 069-038-004-000 Taxable 069-038-034-000 Taxable 069-039-014-000 Taxable 069-040-008-000 Taxable 069-038-005-000 Taxable 069-038-035-000 Taxable 069-039-015-000 Taxable 069-040-009-000 Taxable 069-038-006-000 Taxable 069-038-036-000 Taxable 069-039-016-000 Taxable 069-040-010-000 Taxable 069-038-007-000 Taxable 069-038-037-000 Taxable 069-039-017-000 Taxable 069-040-011-000 Taxable 069-038-008-000 Taxable 069-038-038-000 Taxable 069-039-018-000 Taxable 069-040-012-000 Taxable 069-038-009-000 Taxable 069-038-039-000 Taxable 069-039-019-000 Taxable 069-040-013-000 Taxable 069-038-010-000 Taxable 069-038-040-000 Taxable 069-039-020-000 Taxable 069-040-014-000 Taxable 069-038-011-000 Taxable 069-038-041-000 Taxable 069-039-021-000 Taxable 069-040-015-000 Taxable 069-038-012-000 Taxable 069-038-042-000 Taxable 069-039-022-000 Taxable 069-040-016-000 Taxable 069-038-013-000 Taxable 069-038-043-000 Taxable 069-039-023-000 Taxable 069-040-017-000 Taxable 069-038-014-000 Taxable 069-038-044-000 Taxable 069-039-024-000 Taxable 069-040-018-000 Taxable 069-038-015-000 Taxable 069-038-045-000 Taxable 069-039-025-000 Taxable 069-040-019-000 Taxable 069-038-016-000 Taxable 069-038-046-000 Taxable 069-039-026-000 Taxable 069-040-020-000 Taxable 069-038-017-000 Taxable 069-038-047-000 Taxable 069-039-027-000 Taxable 069-040-021-000 Taxable 069-038-018-000 Taxable 069-038-048-000 Taxable 069-039-029-000 Taxable 069-040-022-000 Taxable 069-038-019-000 Taxable 069-038-049-000 Taxable 069-039-030-000 Taxable 069-040-023-000 Taxable 069-038-020-000 Taxable 069-038-050-000 Taxable 069-039-031-000 Taxable 069-040-024-000 Taxable 069-038-021-000 Taxable 069-039-001-000 Taxable 069-039-032-000 Taxable 069-040-025-000 Taxable 069-038-022-000 Taxable 069-039-002-000 Taxable 069-039-033-000 Taxable 069-040-026-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-040-027-000 Taxable 069-042-014-000 Taxable 069-042-044-000 Taxable 069-043-009-000 Taxable 069-040-028-000 Taxable 069-042-015-000 Taxable 069-042-045-000 Taxable 069-043-010-000 Taxable 069-040-029-000 Taxable 069-042-016-000 Taxable 069-042-046-000 Taxable 069-043-011-000 Taxable 069-040-030-000 Taxable 069-042-017-000 Taxable 069-042-047-000 Taxable 069-043-012-000 Taxable 069-040-031-000 Taxable 069-042-018-000 Taxable 069-042-048-000 Taxable 069-043-013-000 Taxable 069-040-032-000 Taxable 069-042-019-000 Taxable 069-042-049-000 Taxable 069-043-014-000 Taxable 069-040-033-000 Taxable 069-042-020-000 Taxable 069-042-050-000 Taxable 069-043-015-000 Taxable 069-040-034-000 Taxable 069-042-021-000 Taxable 069-042-051-000 Taxable 069-043-016-000 Taxable 069-040-035-000 Taxable 069-042-022-000 Taxable 069-042-052-000 Taxable 069-043-017-000 Taxable 069-040-036-000 Taxable 069-042-023-000 Taxable 069-042-053-000 Taxable 069-043-018-000 Taxable 069-040-037-000 Taxable 069-042-024-000 Taxable 069-042-054-000 Taxable 069-043-019-000 Taxable 069-040-038-000 Taxable 069-042-025-000 Taxable 069-042-055-000 Taxable 069-043-020-000 Taxable 069-040-039-000 Taxable 069-042-026-000 Taxable 069-042-056-000 Taxable 069-043-021-000 Taxable 069-040-040-000 Taxable 069-042-027-000 Taxable 069-042-057-000 Taxable 069-043-022-000 Taxable 069-040-041-000 Taxable 069-042-028-000 Taxable 069-042-058-000 Taxable 069-043-023-000 Taxable 069-040-042-000 Taxable 069-042-029-000 Taxable 069-042-059-000 Taxable 069-043-024-000 Taxable 069-041-001-000 Taxable 069-042-030-000 Taxable 069-042-060-000 Taxable 069-043-025-000 Taxable 069-042-001-000 Taxable 069-042-031-000 Taxable 069-042-061-000 Taxable 069-043-026-000 Taxable 069-042-002-000 Taxable 069-042-032-000 Taxable 069-042-062-000 Taxable 069-043-027-000 Taxable 069-042-003-000 Taxable 069-042-033-000 Taxable 069-042-063-000 Taxable 069-043-028-000 Taxable 069-042-004-000 Taxable 069-042-034-000 Taxable 069-042-064-000 Taxable 069-043-029-000 Taxable 069-042-005-000 Taxable 069-042-035-000 Taxable 069-042-065-000 Taxable 069-043-030-000 Taxable 069-042-006-000 Taxable 069-042-036-000 Taxable 069-043-001-000 Taxable 069-043-031-000 Taxable 069-042-007-000 Taxable 069-042-037-000 Taxable 069-043-002-000 Taxable 069-043-032-000 Taxable 069-042-008-000 Taxable 069-042-038-000 Taxable 069-043-003-000 Taxable 069-043-033-000 Taxable 069-042-009-000 Taxable 069-042-039-000 Taxable 069-043-004-000 Taxable 069-043-034-000 Taxable 069-042-010-000 Taxable 069-042-040-000 Taxable 069-043-005-000 Taxable 069-043-035-000 Taxable 069-042-011-000 Taxable 069-042-041-000 Taxable 069-043-006-000 Taxable 069-043-036-000 Taxable 069-042-012-000 Taxable 069-042-042-000 Taxable 069-043-007-000 Taxable 069-043-037-000 Taxable 069-042-013-000 Taxable 069-042-043-000 Taxable 069-043-008-000 Taxable 069-043-038-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-043-039-000 Taxable 069-044-004-000 Taxable 069-044-034-000 Taxable 069-045-018-000 Taxable 069-043-040-000 Taxable 069-044-005-000 Taxable 069-044-035-000 Taxable 069-045-019-000 Taxable 069-043-041-000 Taxable 069-044-006-000 Taxable 069-044-036-000 Taxable 069-045-020-000 Taxable 069-043-042-000 Taxable 069-044-007-000 Taxable 069-044-037-000 Taxable 069-045-021-000 Taxable 069-043-043-000 Taxable 069-044-008-000 Taxable 069-044-038-000 Taxable 069-045-022-000 Taxable 069-043-044-000 Taxable 069-044-009-000 Taxable 069-044-039-000 Taxable 069-045-023-000 Taxable 069-043-045-000 Taxable 069-044-010-000 Taxable 069-044-040-000 Taxable 069-045-024-000 Taxable 069-043-046-000 Taxable 069-044-011-000 Taxable 069-044-041-000 Taxable 069-045-025-000 Taxable 069-043-047-000 Taxable 069-044-012-000 Taxable 069-044-042-000 Taxable 069-045-026-000 Taxable 069-043-048-000 Taxable 069-044-013-000 Taxable 069-044-043-000 Taxable 069-045-027-000 Taxable 069-043-049-000 Taxable 069-044-014-000 Taxable 069-044-044-000 Taxable 069-045-028-000 Taxable 069-043-050-000 Taxable 069-044-015-000 Taxable 069-044-045-000 Taxable 069-045-029-000 Taxable 069-043-051-000 Taxable 069-044-016-000 Taxable 069-044-046-000 Taxable 069-045-030-000 Taxable 069-043-052-000 Taxable 069-044-017-000 Taxable 069-045-001-000 Taxable 069-045-031-000 Taxable 069-043-053-000 Taxable 069-044-018-000 Taxable 069-045-002-000 Taxable 069-045-032-000 Taxable 069-043-054-000 Taxable 069-044-019-000 Taxable 069-045-003-000 Taxable 069-045-033-000 Taxable 069-043-055-000 Taxable 069-044-020-000 Taxable 069-045-004-000 Taxable 069-045-034-000 Taxable 069-043-056-000 Taxable 069-044-021-000 Taxable 069-045-005-000 Taxable 069-045-035-000 Taxable 069-043-057-000 Taxable 069-044-022-000 Taxable 069-045-006-000 Taxable 069-045-036-000 Taxable 069-043-058-000 Taxable 069-044-023-000 Taxable 069-045-007-000 Taxable 069-045-037-000 Taxable 069-043-059-000 Taxable 069-044-024-000 Taxable 069-045-008-000 Taxable 069-045-038-000 Taxable 069-043-060-000 Taxable 069-044-025-000 Taxable 069-045-009-000 Taxable 069-045-039-000 Taxable 069-043-061-000 Taxable 069-044-026-000 Taxable 069-045-010-000 Taxable 069-045-040-000 Taxable 069-043-062-000 Taxable 069-044-027-000 Taxable 069-045-011-000 Taxable 069-045-041-000 Taxable 069-043-063-000 Taxable 069-044-028-000 Taxable 069-045-012-000 Taxable 069-046-001-000 Taxable 069-043-064-000 Taxable 069-044-029-000 Taxable 069-045-013-000 Taxable 069-046-002-000 Taxable 069-043-065-000 Taxable 069-044-030-000 Taxable 069-045-014-000 Taxable 069-046-003-000 Taxable 069-044-001-000 Taxable 069-044-031-000 Taxable 069-045-015-000 Taxable 069-046-004-000 Taxable 069-044-002-000 Taxable 069-044-032-000 Taxable 069-045-016-000 Taxable 069-046-005-000 Taxable 069-044-003-000 Taxable 069-044-033-000 Taxable 069-045-017-000 Taxable 069-046-006-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-046-007-000 Taxable 069-046-037-000 Taxable 069-047-029-000 Taxable 069-048-009-000 Taxable 069-046-008-000 Taxable 069-046-038-000 Taxable 069-047-030-000 Taxable 069-048-010-000 Taxable 069-046-009-000 Taxable 069-047-001-000 Taxable 069-047-031-000 Taxable 069-048-011-000 Taxable 069-046-010-000 Taxable 069-047-002-000 Taxable 069-047-032-000 Taxable 069-048-012-000 Taxable 069-046-011-000 Taxable 069-047-003-000 Taxable 069-047-033-000 Taxable 069-048-013-000 Taxable 069-046-012-000 Taxable 069-047-004-000 Taxable 069-047-034-000 Taxable 069-048-014-000 Taxable 069-046-013-000 Taxable 069-047-005-000 Taxable 069-047-035-000 Taxable 069-048-015-000 Taxable 069-046-014-000 Taxable 069-047-006-000 Taxable 069-047-036-000 Taxable 069-048-016-000 Taxable 069-046-015-000 Taxable 069-047-007-000 Taxable 069-047-037-000 Taxable 069-048-017-000 Taxable 069-046-016-000 Taxable 069-047-008-000 Taxable 069-047-038-000 Taxable 069-048-018-000 Taxable 069-046-017-000 Taxable 069-047-009-000 Taxable 069-047-039-000 Taxable 069-048-019-000 Taxable 069-046-018-000 Taxable 069-047-010-000 Taxable 069-047-040-000 Taxable 069-048-020-000 Taxable 069-046-019-000 Taxable 069-047-011-000 Taxable 069-047-042-000 Taxable 069-048-021-000 Taxable 069-046-020-000 Taxable 069-047-012-000 Taxable 069-047-043-000 Taxable 069-048-022-000 Taxable 069-046-021-000 Taxable 069-047-013-000 Taxable 069-047-044-000 Taxable 069-048-023-000 Taxable 069-046-022-000 Taxable 069-047-014-000 Taxable 069-047-045-000 Taxable 069-048-024-000 Taxable 069-046-023-000 Taxable 069-047-015-000 Taxable 069-047-046-000 Taxable 069-048-025-000 Taxable 069-046-024-000 Taxable 069-047-016-000 Taxable 069-047-047-000 Taxable 069-048-026-000 Taxable 069-046-025-000 Taxable 069-047-017-000 Taxable 069-047-048-000 Exempt 069-048-027-000 Taxable 069-046-026-000 Taxable 069-047-018-000 Taxable 069-047-049-000 Exempt 069-048-028-000 Taxable 069-046-027-000 Taxable 069-047-019-000 Taxable 069-047-050-000 Taxable 069-048-029-000 Taxable 069-046-028-000 Taxable 069-047-020-000 Taxable 069-047-051-000 Taxable 069-048-030-000 Taxable 069-046-029-000 Taxable 069-047-021-000 Taxable 069-048-001-000 Taxable 069-048-031-000 Taxable 069-046-030-000 Taxable 069-047-022-000 Taxable 069-048-002-000 Taxable 069-048-032-000 Taxable 069-046-031-000 Taxable 069-047-023-000 Taxable 069-048-003-000 Taxable 069-048-033-000 Taxable 069-046-032-000 Taxable 069-047-024-000 Taxable 069-048-004-000 Taxable 069-048-034-000 Taxable 069-046-033-000 Taxable 069-047-025-000 Taxable 069-048-005-000 Taxable 069-048-035-000 Taxable 069-046-034-000 Taxable 069-047-026-000 Taxable 069-048-006-000 Taxable 069-048-036-000 Taxable 069-046-035-000 Taxable 069-047-027-000 Taxable 069-048-007-000 Taxable 069-048-037-000 Taxable 069-046-036-000 Taxable 069-047-028-000 Taxable 069-048-008-000 Taxable 069-048-038-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-048-039-000 Taxable 069-049-003-000 Exempt 069-049-033-000 Taxable 069-050-010-000 Taxable 069-048-040-000 Taxable 069-049-004-000 Taxable 069-049-034-000 Taxable 069-050-011-000 Taxable 069-048-041-000 Taxable 069-049-005-000 Taxable 069-049-035-000 Taxable 069-050-012-000 Taxable 069-048-042-000 Taxable 069-049-006-000 Taxable 069-049-036-000 Taxable 069-050-013-000 Taxable 069-048-043-000 Taxable 069-049-007-000 Taxable 069-049-037-000 Taxable 069-050-014-000 Taxable 069-048-044-000 Taxable 069-049-008-000 Taxable 069-049-038-000 Taxable 069-050-015-000 Taxable 069-048-045-000 Taxable 069-049-009-000 Taxable 069-049-039-000 Taxable 069-050-016-000 Taxable 069-048-046-000 Taxable 069-049-010-000 Taxable 069-049-040-000 Taxable 069-050-017-000 Taxable 069-048-047-000 Taxable 069-049-011-000 Taxable 069-049-041-000 Taxable 069-050-018-000 Taxable 069-048-048-000 Taxable 069-049-012-000 Taxable 069-049-042-000 Taxable 069-050-019-000 Taxable 069-048-049-000 Taxable 069-049-013-000 Taxable 069-049-043-000 Taxable 069-050-020-000 Taxable 069-048-050-000 Taxable 069-049-014-000 Taxable 069-049-044-000 Taxable 069-050-021-000 Taxable 069-048-051-000 Taxable 069-049-015-000 Taxable 069-049-045-000 Taxable 069-050-022-000 Taxable 069-048-052-000 Taxable 069-049-016-000 Taxable 069-049-046-000 Taxable 069-050-023-000 Taxable 069-048-053-000 Taxable 069-049-017-000 Taxable 069-049-047-000 Taxable 069-050-024-000 Taxable 069-048-058-000 Taxable 069-049-018-000 Taxable 069-049-048-000 Taxable 069-050-025-000 Taxable 069-048-059-000 Taxable 069-049-019-000 Taxable 069-049-049-000 Taxable 069-050-026-000 Taxable 069-048-060-000 Taxable 069-049-020-000 Taxable 069-049-050-000 Taxable 069-050-027-000 Taxable 069-048-061-000 Taxable 069-049-021-000 Taxable 069-049-051-000 Taxable 069-050-028-000 Taxable 069-048-062-000 Taxable 069-049-022-000 Taxable 069-049-052-000 Taxable 069-050-029-000 Taxable 069-048-063-000 Taxable 069-049-023-000 Taxable 069-049-053-000 Taxable 069-050-030-000 Taxable 069-048-064-000 Taxable 069-049-024-000 Taxable 069-050-001-000 Taxable 069-050-031-000 Taxable 069-048-065-000 Taxable 069-049-025-000 Taxable 069-050-002-000 Taxable 069-050-032-000 Taxable 069-048-066-000 Taxable 069-049-026-000 Taxable 069-050-003-000 Taxable 069-050-033-000 Taxable 069-048-067-000 Taxable 069-049-027-000 Taxable 069-050-004-000 Taxable 069-050-034-000 Taxable 069-048-068-000 Taxable 069-049-028-000 Taxable 069-050-005-000 Taxable 069-050-035-000 Taxable 069-048-069-000 Taxable 069-049-029-000 Taxable 069-050-006-000 Taxable 069-050-036-000 Taxable 069-048-070-000 Taxable 069-049-030-000 Taxable 069-050-007-000 Taxable 069-050-037-000 Taxable 069-048-071-000 Taxable 069-049-031-000 Taxable 069-050-008-000 Taxable 069-050-038-000 Taxable 069-049-002-000 Exempt 069-049-032-000 Taxable 069-050-009-000 Taxable 069-050-039-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-050-040-000 Taxable 069-051-024-000 Taxable 069-051-053-000 Taxable 069-052-017-000 Taxable 069-050-041-000 Taxable 069-051-025-000 Taxable 069-051-054-000 Taxable 069-052-018-000 Taxable 069-050-042-000 Taxable 069-051-026-000 Taxable 069-051-055-000 Taxable 069-052-019-000 Taxable 069-050-043-000 Taxable 069-051-027-000 Taxable 069-051-056-000 Taxable 069-052-020-000 Taxable 069-050-044-000 Taxable 069-051-028-000 Taxable 069-051-057-000 Taxable 069-052-021-000 Taxable 069-050-045-000 Taxable 069-051-029-000 Taxable 069-051-058-000 Taxable 069-052-022-000 Taxable 069-051-001-000 Taxable 069-051-030-000 Taxable 069-051-059-000 Taxable 069-052-023-000 Taxable 069-051-002-000 Taxable 069-051-031-000 Taxable 069-051-060-000 Taxable 069-052-024-000 Taxable 069-051-003-000 Taxable 069-051-032-000 Taxable 069-051-061-000 Taxable 069-052-025-000 Taxable 069-051-004-000 Taxable 069-051-033-000 Taxable 069-051-062-000 Taxable 069-052-026-000 Taxable 069-051-005-000 Taxable 069-051-034-000 Taxable 069-051-063-000 Taxable 069-052-027-000 Taxable 069-051-006-000 Taxable 069-051-035-000 Taxable 069-051-064-000 Taxable 069-052-028-000 Taxable 069-051-007-000 Taxable 069-051-036-000 Taxable 069-051-065-000 Taxable 069-052-029-000 Taxable 069-051-008-000 Taxable 069-051-037-000 Taxable 069-052-001-000 Taxable 069-052-030-000 Taxable 069-051-009-000 Taxable 069-051-038-000 Taxable 069-052-002-000 Taxable 069-052-031-000 Taxable 069-051-010-000 Taxable 069-051-039-000 Taxable 069-052-003-000 Taxable 069-052-032-000 Taxable 069-051-011-000 Taxable 069-051-040-000 Taxable 069-052-004-000 Taxable 069-052-033-000 Taxable 069-051-012-000 Taxable 069-051-041-000 Taxable 069-052-005-000 Taxable 069-052-034-000 Taxable 069-051-013-000 Taxable 069-051-042-000 Taxable 069-052-006-000 Taxable 069-052-035-000 Taxable 069-051-014-000 Taxable 069-051-043-000 Taxable 069-052-007-000 Taxable 069-052-036-000 Taxable 069-051-015-000 Taxable 069-051-044-000 Taxable 069-052-008-000 Taxable 069-052-037-000 Taxable 069-051-016-000 Taxable 069-051-045-000 Taxable 069-052-009-000 Taxable 069-052-038-000 Taxable 069-051-017-000 Taxable 069-051-046-000 Taxable 069-052-010-000 Taxable 069-052-039-000 Taxable 069-051-018-000 Taxable 069-051-047-000 Taxable 069-052-011-000 Taxable 069-052-040-000 Taxable 069-051-019-000 Taxable 069-051-048-000 Taxable 069-052-012-000 Taxable 069-052-041-000 Taxable 069-051-020-000 Taxable 069-051-049-000 Taxable 069-052-013-000 Taxable 069-052-042-000 Taxable 069-051-021-000 Taxable 069-051-050-000 Taxable 069-052-014-000 Taxable 069-052-043-000 Taxable 069-051-022-000 Taxable 069-051-051-000 Taxable 069-052-015-000 Taxable 069-052-044-000 Taxable 069-051-023-000 Taxable 069-051-052-000 Taxable 069-052-016-000 Taxable 069-052-045-000 Taxable 069-052-046-000 Taxable 069-053-019-000 Taxable 127-001-037-000 Taxable 127-055-003-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-052-047-000 Taxable 069-053-020-000 Taxable 127-014-036-000 Taxable 127-055-004-000 Taxable 069-052-048-000 Taxable 069-053-021-000 Taxable 127-014-037-000 Taxable 127-055-005-000 Taxable 069-052-049-000 Taxable 069-053-022-000 Taxable 127-014-038-000 Taxable 127-055-006-000 Taxable 069-052-050-000 Taxable 069-053-023-000 Taxable 127-019-013-000 Taxable 127-055-007-000 Taxable 069-052-051-000 Taxable 069-053-024-000 Taxable 127-020-043-000 Taxable 127-055-008-000 Taxable 069-052-052-000 Taxable 069-053-025-000 Taxable 127-020-044-000 Taxable 127-055-009-000 Taxable 069-052-053-000 Taxable 069-053-026-000 Taxable 127-021-023-000 Exempt 127-055-010-000 Taxable 069-052-054-000 Taxable 069-053-027-000 Taxable 127-021-033-000 Taxable 127-055-011-000 Taxable 069-052-055-000 Taxable 069-053-028-000 Taxable 127-021-035-000 Taxable 127-055-012-000 Taxable 069-052-056-000 Taxable 069-053-029-000 Taxable 127-021-036-000 Taxable 127-055-013-000 Taxable 069-052-057-000 Taxable 069-053-030-000 Taxable 127-021-037-000 Taxable 127-055-014-000 Taxable 069-053-001-000 Taxable 069-053-031-000 Taxable 127-021-038-000 Taxable 127-055-015-000 Taxable 069-053-002-000 Taxable 069-053-032-000 Taxable 127-021-039-000 Taxable 127-055-016-000 Taxable 069-053-003-000 Taxable 069-053-033-000 Taxable 127-021-040-000 Taxable 127-055-017-000 Taxable 069-053-004-000 Taxable 069-053-034-000 Taxable 127-021-041-000 Taxable 127-055-018-000 Taxable 069-053-005-000 Taxable 069-053-035-000 Taxable 127-021-042-000 Taxable 127-055-019-000 Taxable 069-053-006-000 Taxable 069-053-036-000 Taxable 127-022-062-000 Taxable 127-055-020-000 Taxable 069-053-007-000 Taxable 069-053-037-000 Taxable 127-022-063-000 Taxable 127-055-021-000 Taxable 069-053-008-000 Taxable 069-053-038-000 Taxable 127-024-014-000 Taxable 127-055-022-000 Taxable 069-053-009-000 Taxable 069-053-039-000 Taxable 127-024-044-000 Taxable 127-055-023-000 Taxable 069-053-010-000 Taxable 069-053-040-000 Taxable 127-024-045-000 Taxable 127-055-024-000 Taxable 069-053-011-000 Taxable 069-053-041-000 Taxable 127-024-046-000 Taxable 127-055-026-000 Taxable 069-053-012-000 Taxable 069-053-042-000 Taxable 127-025-020-000 Taxable 127-055-027-000 Taxable 069-053-013-000 Taxable 069-053-043-000 Taxable 127-025-036-000 Taxable 127-055-028-000 Taxable 069-053-014-000 Taxable 069-053-044-000 Taxable 127-025-037-000 Taxable 127-055-029-000 Taxable 069-053-015-000 Taxable 069-053-045-000 Taxable 127-046-040-000 Taxable 127-055-030-000 Taxable 069-053-016-000 Taxable 069-053-046-000 Taxable 127-048-006-000 Exempt 127-055-031-000 Taxable 069-053-017-000 Taxable 069-053-047-000 Taxable 127-055-001-000 Taxable 127-055-032-000 Taxable 069-053-018-000 Taxable 069-053-048-000 Taxable 127-055-002-000 Taxable 127-055-033-000 Taxable 127-055-034-000 Taxable
ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
127-055-035-000 Taxable
127-055-036-000 Taxable
127-055-037-000 Taxable
127-055-038-000 Taxable
127-055-039-000 Taxable
127-055-040-000 Taxable
127-055-041-000 Taxable
127-055-042-000 Taxable
127-055-043-000 Taxable
127-055-044-000 Taxable
127-055-045-000 Taxable
127-055-046-000 Taxable
127-055-047-000 Taxable
127-055-048-000 Taxable
127-055-049-000 Taxable
127-055-050-000 Taxable
127-055-051-000 Taxable
127-055-052-000 Exempt
127-055-053-000 Taxable
* May be exempt because it's vacant, or non-residential.

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 25, 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. 2022-88, Ordering the Levy and Collection of Special Taxes for Fiscal Year 2022/23 within the City of Ceres Community Facilities District No. 2 (Public Services)
RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve a resolution ordering the levy and collection of special taxes for fiscal year 2022/23 within the City of Ceres Community Facilities District No. 2 (Public Services).

I. BACKGROUND:

The City of Ceres has by previous resolutions or other proceedings declared its intent to levy special taxes within Community Facilities District No. 2 for police, fire, and park maintenance under the provisions of the Mello-Roos Community Facility Act of 1982. The special taxes against the real property are not levied with regard to property values, but rather per parcel of land within said district (Exhibit A).

This resolution sets the new adjusted amount of the tax rate and orders its collection. Each year the tax rate can be adjusted by the Consumer Price Index (CPI). The CPI used is titled All Urban Consumers for the San Francisco-Oakland-San Jose area based on all items. The annual value is used in the calculations and the adjustment is not to exceed 4% in any year. The specific CPI to be used was fixed when the district was created in 2002.

This year the CPI increase is 1.722% and the rate is $971.86.

The City of Ceres has determined and certifies the special taxes are either exempt from or in compliance with all the provisions of Proposition 218, which was passed by the voters in November 1996. The City of Ceres has further determined the special taxes are in compliance with all laws pertaining to the levy of such special taxes.

II. REASONS FOR RECOMMENDATION:

ITEM 7
Last year, Council chose not to increase the levy, due to the pandemic, and kept the rates at the FY 2020/2021 levy amount. Staff recommends the resolution be adopted with the new tax rate in order to continue to offer the appropriate level of service to the districts.

Once approved staff can place the new rate on the FY 2022/23 tax roll.

III. FISCAL IMPACTS:

If the resolution is adopted, the City will be able to collect the assessments during the 2022/23 fiscal year.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

This recommendation is consistent with the Strategic Plan Summary in accordance with “Strategies: Livable Community.”
V. POLICY ALTERNATIVES:

If the City Council does not adopt this resolution, last year’s rates will be collected on all the parcels.

VI. STEPS FOLLOWING APPROVAL:

Prepare a tax listing based on the new rate for FY 2022/23. Submit the resolution and tax listing to the Assessor of Stanislaus County so that the levy will be placed on the tax roll.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Exhibit A
ITEM 7
RESOLUTION NO. 2022-88

ORDERING THE LEVY AND COLLECTION OF
SPECIAL TAXES FOR FISCAL YEAR 2022/23 WITHIN THE CITY OF CERES COMMUNITY FACILITIES DISTRICT NO. 2 (PUBLIC SERVICES)
The City Council
City of Ceres
WHEREAS, the City’s Community Facilities District No. 2 (Public Services) (the “District”) was previously established in accordance with and pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); and WHEREAS, the Council has by previous resolution or other proceedings declared its intent to levy special taxes within the District for certain public services, and determined said special taxes are levied and collected pursuant to the Rate and Method of Apportionment of Special Tax within the District and are not levied with regard to property values; and
WHEREAS, the Council certifies the special taxes are not subject to the provisions of California Constitution Article XIII D (“Proposition 218”) as enacted by the voters of the State of California in November, 1996; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Ceres does hereby order the levy and collection of special taxes for fiscal year 2022/23 within the City of Ceres Community Facilities District No. 2 (Public Services).

BE IT FURTHER RESOLVED, the special taxes will be levied and collected in the same manner as ordinary ad valorem property taxes are collected.

BE I T FURTHER RESOLVED , that a certified cop y of this resolution be delivered to the Assessor of Stanislaus County.

PASSED AND ADOPTED by the Council at a regular meeting thereof held on the 25th 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
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* 039-019-033-000 Taxable 040-095-013-000 Taxable 040-096-019-000 Taxable 086-019-057-000 Taxable 040-094-001-000 Taxable 040-095-014-000 Taxable 040-096-020-000 Taxable 086-019-058-000 Exempt 040-094-002-000 Taxable 040-095-015-000 Taxable 040-096-021-000 Taxable 086-019-059-000 Taxable 040-094-003-000 Taxable 040-095-016-000 Taxable 040-096-022-000 Taxable 086-019-060-000 Taxable 040-094-004-000 Taxable 040-095-017-000 Taxable 040-096-023-000 Taxable 086-019-061-000 Taxable 040-094-005-000 Taxable 040-095-018-000 Taxable 040-096-024-000 Taxable 086-019-062-000 Taxable 040-094-006-000 Taxable 040-095-019-000 Taxable 040-096-025-000 Taxable 086-019-063-000 Taxable 040-094-007-000 Exempt 040-095-020-000 Taxable 040-098-001-000 Taxable 086-019-064-000 Taxable 040-094-008-000 Exempt 040-095-021-000 Taxable 040-098-002-000 Taxable 086-019-065-000 Taxable 040-094-009-000 Exempt 040-095-022-000 Taxable 040-098-003-000 Taxable 086-019-066-000 Taxable 040-094-010-000 Taxable 040-095-023-000 Taxable 040-098-004-000 Taxable 086-019-067-000 Taxable 040-094-011-000 Taxable 040-095-024-000 Taxable 040-098-005-000 Taxable 086-019-068-000 Taxable 040-094-012-000 Taxable 040-095-025-000 Taxable 040-098-006-000 Taxable 086-019-069-000 Taxable 040-094-013-000 Taxable 040-095-026-000 Taxable 040-098-007-000 Taxable 086-019-070-000 Taxable 040-094-014-000 Taxable 040-095-027-000 Taxable 040-098-008-000 Taxable 086-019-071-000 Taxable 040-094-015-000 Taxable 040-095-028-000 Taxable 040-098-009-000 Taxable 086-019-072-000 Taxable 040-094-016-000 Taxable 040-095-029-000 Taxable 040-098-010-000 Taxable 086-019-073-000 Taxable 040-094-017-000 Taxable 040-095-030-000 Taxable 040-098-011-000 Taxable 086-019-074-000 Taxable 040-094-018-000 Taxable 040-095-031-000 Taxable 040-098-012-000 Taxable 040-094-019-000 Taxable 040-095-032-000 Exempt 040-098-013-000 Taxable 040-094-020-000 Taxable 040-095-033-000 Exempt 040-098-014-000 Taxable 040-094-021-000 Taxable 040-096-001-000 Taxable 040-098-015-000 Taxable 040-094-022-000 Taxable 040-096-002-000 Taxable 040-098-016-000 Taxable 040-094-023-000 Taxable 040-096-003-000 Taxable 040-098-017-000 Taxable 040-094-024-000 Taxable 040-096-004-000 Taxable 040-098-018-000 Taxable 040-094-025-000 Taxable 040-096-005-000 Taxable 040-098-019-000 Taxable 040-094-026-000 Exempt 040-096-006-000 Taxable 040-098-020-000 Taxable 040-095-001-000 Taxable 040-096-007-000 Taxable 040-098-021-000 Taxable 040-095-002-000 Taxable 040-096-008-000 Taxable 053-047-023-000 Exempt 040-095-003-000 Taxable 040-096-009-000 Taxable 086-019-047-000 Taxable 040-095-004-000 Taxable 040-096-010-000 Taxable 086-019-048-000 Taxable 040-095-005-000 Taxable 040-096-011-000 Taxable 086-019-049-000 Taxable 040-095-006-000 Taxable 040-096-012-000 Taxable 086-019-050-000 Taxable 040-095-007-000 Taxable 040-096-013-000 Taxable 086-019-051-000 Taxable 040-095-008-000 Taxable 040-096-014-000 Taxable 086-019-052-000 Taxable 040-095-009-000 Taxable 040-096-015-000 Taxable 086-019-053-000 Taxable 040-095-010-000 Taxable 040-096-016-000 Taxable 086-019-054-000 Taxable 040-095-011-000 Taxable 040-096-017-000 Taxable 086-019-055-000 Taxable CFD 2
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: July 25, 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: R esolution No. 2022 -89, Authorizing the Acceptance of A warded CalRecycle Grants and Payment Programs and Fiscal Year 2022/23 Budget Amendment to Appropriate Funds
RECOMMENDED COUNCIL ACTION:

S
taff recommends that City Council authorize the acceptance of all CalRecycle grants and payment programs for which the City of Ceres has been authorized to apply for and is awarded and approve an amendment to the Fiscal Year 2022-23 Budget as set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference and authorize the Director of Finance to record the appropriate accounting entries.

I. BACKGROUND:

On February 28, 2022, the City Council authorized the application to CalRecycle f or various funding programs and grants available to eligible jurisdictions to provide opportunities for recycling programs and activities to various state mandates. Most of the payment programs administered by CalRecycle are applied for and awarded on a tw o- year funding cycle term.

Pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), CalRecycle has awarded the City of Ceres $69,946.00 to assist with the implementation of regulation requirements associated with SB 1383 through the SB 1383 Local Assistance Grant Program for FY 2021-22. If accepted, these funds will be utilized to fulfill the annual recovered organic waste product procurement stipulations outlined in SB 1383 that require the City to purchase back recovered organic waste products such as compost and mulch. A portion of the funding would also assist with education and outreach efforts.

II. REASONS FOR RECOMMENDATION:

ITEM 8
A. The City of Ceres is subject to implementation of all SB 1383 regulations , beginning January 1, 2022.

B. T
he City of Ceres has been awarded grant funding from CalRecycle to be used for implementation of regulation requirements associated with SB 1383.

III. F
ISCAL IMPACTS:

There is no cost to the City of Ceres to accept the awarded grant funds.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Ensure 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. POLICY ALTERNATIVES:

Council may elect not to accept the awarded funds from CalRecycle. This option would result in a loss of funding for necessary implementation of regulation requirements associated unfunded state mandates.

VI. PUBLIC PARTICIPATION:

The programs and activities funded by grants and payment programs directly benefit the community by offering redemptive opportunities and compliance assistance to citizens and local businesses.

VII. STEPS FOLLOWING APPROVAL:

Following Council approval, staff will move forward with completing the programs specified in the grant application. The Finance Director will appropriate the funds as noted in the Budget Amendment.

A
pproved by: _________________________
Alex Terrazas, City Manager
A
ttachments:

1. Resolution

2. Exhibit “A” (Budget Amendment)
ITEM 8
RESOLUTION NO. 2022-89
AUT

HORIZING THE ACCEPTANCE OF AWARDED CALRECYCLE
GRANTS AND PAYMENT PROGRAMS AND FISCAL YEAR 2022/23

BUDGET AMENDMENT TO APPROPRIATE FUNDS
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has established various payment programs to make payments to qualifying jurisdictions; and W
HEREAS, the City of Ceres benefits from awarded grant and payment program funding by supporting the implementation of unfunded mandates requiring solid waste, organics, and recycling programs and activities in Ceres; and W
HEREAS, CalRecycle has awarded the City of Ceres $69,946.00 to assist with the implementation of regulation requirements associated with SB 1383 through the SB 1383 Local Assistance Grant Program; and
W
HEREAS, the funds awarded will provide the means to f ulfill the annual recovered organic waste product procurement stipulations outlined in SB 1383 that require the City to purchase back recovered organic waste products such as compost and mulch and for education and outreach; and
NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the acceptance of awarded CalRecycle grants and payment programs and fiscal year 2022/23 budget amendment to appropriate funds.

BE
IT FURTHER RESOLVED, staff shall accept and execute all necessary grant- related documents, including but not limited to, applications, agreements, amendments, and payment requests necessary for the purposes of securing grant funds and to implement and carry out the program specified in the grant application.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of July, 2022 by the following vote:

AYES: C
ouncil 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. 2022-89, dated July 25, 2022
authorizing appropriations for the acceptance of awarded CalRecycle Grants and Payment Programs as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
SB-1383 Local Asst Grant 245 18 026400 $69,946.00

Requested Appropriation $69,946.00
2022 - 2023 Current Appropriation $0.00
Total Appropriation $69,946.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue $0.00
2020 - 2021 Current Estimated Revenue $0.00
Total Estimated Revenue $0.00

Fiscal Impact:

N/A
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 25, 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. 2022-90, Authorizing the City Manager to Execute a Contract with Grover Landscape Services, Inc. for the Downtown Business District Landscape Services
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council approve a resolution authorizing the City Manager to execute a contract with Grover Landscape Services, Inc. for the Downtown Business District l andscape services.

I. BACKGROUND:

The Downtown Business District Renovation project was done in 2017 by George Reed, Inc..

Their sub-contractor, Emert Construction, maintained the landscape for an additional year for a sum of $31.500.00. From that time, City staff had been performing these services. Due to staffing levels, staff could not perform the services required to maintain the downtown area. In 2020, Council approved Resolution No. 2020- 78 a warding a contract for the necessary services. The area being maintained is on 4th Street from North Street to El Camino Avenue and Lawrence Street from 5th Street to El Camino Avenue.

II. REASONS FOR RECOMMENDATION:

Requests for bids were advertised on June 13, 2022. Four bid packets were received ranging from $21,841.00 to $39,000.00 per year. Grover Landscaping Services, Inc. not only currently maintains the downtown area but also submitted the most economically feasible bid at $21,841.00, which reflects a 0% increase from the last contract amount.

III. FISCAL IMPACTS:

The funds have been appropriated in the FY 2022/23 budget in various accounts :

Downtown Revitalization account 293. 45.029900 and Ceres Redevelopment Agency account 466.58.029900. There is no impact to the General Fund.

ITEM 9
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

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. POLICY ALTERNATIVES:

City Council can decide not to approve the contract ; however, just as in 2020, staffing levels will not meet the needs of maintaining this area.

VI. STEPS FOLLOWING APPROVAL:

Upon approval, the City Manager will execute the contract.

Approved by: _____________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Agreement

3. Bid Summary
ITEM 9
RESOLUTION NO. 2022-90

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH GROVER LANDSCAPE SERVICES, INC. FOR THE DOWNTOWN

BUSINESS DISTRICT LANDSCAPE SERVICES

THE CITY COUNCIL
City of Ceres

WHEREAS, the downtown landscape services on 4
th Street from North Street to
El Camino Avenue and Lawrence Street from 5th Street to El Camino Avenue have been conducted by a contracted vendor since 2020; and

WHEREAS, the contract has expired and requests for bids were advertised on June 13, 2022; and

WHEREAS, of the four bid packets received, Grover Landscape Services, Inc. submitted the most economically feasible bid of $21,841.00 which reflects a 0% increase from the most recent contract pricing; and

WHEREAS, the funds have been appropriated in the FY 2022/23 budget in various accounts, Downtown Revitalization account 293.45.029900 and Ceres Redevelopment Agency account 466.58.029900; and

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to execute a contract with Grover Landscape Services, Inc. for the Downtown Business District landscape services.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th 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 9
ITEM 9

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 25th 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 Grover Landscape Services, Inc. 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 9

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 9

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 September 1, 2022 and will continue in effect until August 31, 2023, unless an additional year’s extension is agreed upon mutually or 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.

ITEM 9

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.

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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.

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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 9

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 9

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: Grover Landscape Services, Inc.

Address: 6224 Stoddard Road
Modesto, CA 95356
Attention: Curtis Moffett
Phone: (209)545-4401

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 9

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 9

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 9

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.

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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 9

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.

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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
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 9

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).

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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 9

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 9

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.

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EXHIBIT A
ITEM 9
Trees Keep trees pruned not less than 8' over
sidewalk and not less than 12' over street.

Keep tree limbs 1 0' away from streetlight
pole, sign pole, street name sign or similar
j0/300 signs.

Trim Palm trees and remove seed pods
twice a year.

Fertilize Trees in Spring and Fall.

Location Planter Area # of Trees # of Palms
Includes:
4th St, Lawrence, North and El
Camino Ave. 14,575 SQ. ft. 22
4th St, Lawrence, North and El
Camino Ave. 20,000 sq. ft. Blow Down Entire Area
TOTAL ANNUAL PRICING s � � <J T /. 00
18 4

EXHIBIT A
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EXHIBIT A
ITEM 9
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EXHIBIT A
ITEM 9

EXHIBIT A
ITEM 9
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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 25, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (209) 538-5717

SUBJECT: Resolution No. 2022-91, Authorizing the City Manager to Approve a Purchase Order with Calgon Carbon Corporation for Carbon Replacement for Well Head Treatment of Wells 28, 38, 39 & 40

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the City Manager to approve a purchase order with Calgon Carbon Corporation for carbon replacement in the Granular Activated Carbon (GAC) tanks at Wells 28, 38, 39 & 40 for 1,2,3-Trichloropropane (1,2,3-TCP) removal. Carbon replacement for GAC tanks at Wells 28, 38, 39 & 40 from Calgon Carbon Corporation as the sole provider for the City of Ceres and authorize the City Manager to execute the purchase order.

I. BACKGROUND:

1,2,3-TCP is an impurity in soil fumigants used from the 1950’s to the 1980’s and has been detected in multiple wells used by the City for drinking water within our community. The State Water Resources Control Board (SWRCB) adopted a Maximum Contaminant Level (MCL) for 1,2,3 -TCP of 0.000005 mg/L that went into effect on January 1, 2018. At that time the City had six (6) wells that were not in compliance with the order. Due to the City’s noncompliance, a Compliance Order was issued by the SWRCB to have the contaminant either treated or the well removed from service.

On September 19, 2019 and May 6, 2021 the City was approved for two new GAC treatment facility at Wells 28, 38, 39 & 40 to remove 1,2,3-TCP. The City was approved to operate the wells using a Calgon Carbon Adsorber System utilizing Virgin Calgon Filtrasorb 400 Granular Activated Carbon media. Any change of GAC media would require a permit amendment from the SWRCB. Calgon Carbon Corporation is the sole provider of carbon replacement for GAC tanks for the City of Ceres.

II. REASONS FOR RECOMMENDATION:

ITEM 10
Over time and with use the carbon will become exhausted, reducing the ability to adsorb 1,2,3-TCP which then requires fresh virgin carbon to be replaced. There are three (3) pairs of GAC vessels at both Wells 28, 38, 39 & 40. One (1) of the six (6) GAC vessels at Wells 28 & 38 is exhausted and the carbon needs to be replaced to maintain service levels as well as water qu ality. It is expected this site will require carbon replacement in one (1) to two (2) vessels every four (4) months due to the high concentrations of 1,2,3- TCP. Three (3) of the six (6) vessels at Well 39 & 40 are currently being monitored and expected to require a change out late this fiscal year. Carbon orders can take six (6) to twelve (12) weeks to be delivered. The GAC system operations shall not be manipulated while waiting for a carbon delivery. It is imperative to respond swiftly and order carbon once the sample results indicate that carbon is near exhaustion to reduce the time the wells will be shut down. A purchase order for six (6) vessels wi ll reduce the wait time for a carbon change out ensuring the wells may run at the optimal capacity with little down time.

Calgon Carbon is a sole source purchase due to the bidding process for the replacement of the tanks and original carbon along with the operating permit that was written by the SWRCB. The SWRCB requires Filtrasorb 400 be used at City facilities. GAC Systems for 1,2,3-TCP is the Best Available Technology that is also the most fiscally responsible compared to other treatment solutions.

III. FISCAL IMPACTS:

The purchase price for the carbon replacement of GAC from Calgon Carbon for six (6) vessels is $286,649.93. These monies were programmed into the FY 2022/23 Water Operations Budget 527.35.040800.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Ensure 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. POLICY ALTERNATIVES:

Should the City Council decide to not approve this purchase , Wells 28 , 38, 39, & 40 will exceed the MCL for 1,2,3-TCP and be required to be shut off by the SWRBC with potential implications of not being able to meet minimum pressure and fire flow demands , should they arise.

VI. STEPS FOLLOWING APPROVAL:

The Finance Director to make the accounting entries to execute the purchase order.

Approved by: ___________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Quote
ITEM 10
RESOLUTION NO. 2022-91

AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE

ORDER WITH CALGON CARBON CORPORATION FOR THE CARBON
REPLACEMENT FOR WELL HEAD TREATMENT OF WELLS 28, 38, 39 & 40

THE CITY COUNCIL
City of Ceres

WHEREAS, the State Water Resources Control Board adopted a Maximum Contaminate Level for 1,2,3-TCP on January 1, 2018 and a Compliance Order was issued to the City of Ceres for noncompliance; and

WHEREAS, the City relies upon Granular Activated Carbon (GAC) tanks for 1,2,3- TCP removal at Wells 28, 38, 39 & 40 to maintain compliance; and

WHEREAS, Calgon Carbon Corporation is the sole provider of carbon replacement for GAC tanks for the City of Ceres; and

WHEREAS, the purchase and replacement of GAC for the six (6) vessels needed is $286,649.93 and was programmed into the FY 2022/23 Water Operations Budget account 527.35.040800; and

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to approve a purchase order with Calgon Carbon Corporation for the carbon replacement for w ell head treatment of wells 28, 38, 39 & 40.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25
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
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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 25, 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. 2022-92, Authorizing the City Manager to Approve a Purchase Order with Aveva Select California for the Annual Supervisory Control and Data Acquisition Licensing Agreement and Fiscal Year 2022/23 Budget Amendment to Appropriate Funds RECOMMENDED COUNCIL ACTION:

Staff recommends City Council authorize the City Manager to approve a purchase order with Aveva Select California for the annual Supervisory Control and Data Acquisition (SCADA) licensing agreement for an amount not to exceed $33,965.00 and a fiscal year 2022/23 b udget amendment attached hereto as “Exhibit A” to appropriate funds.

I. BACKGROUND:

The City of Ceres Water & Wastewater utilities rely on SCADA for oversight, control, historical recording of operational activities, and operator call outs for emergencies. The current licensing is set to expire 7/29/2022. Payment will need to be made in order to maintain the high functionality that SCADA demands.

II. REASONS FOR RECOMMENDATION:

The City’s critical infrastructure depends on a responsive SCADA system for process control which interacts directly with valves, pumps, and sensors; data monitoring, gathering, and processing in real time. The stormwater system and parks irrigation systems also depend on SCADA for proper operational control and oversight. These processes can be viewed onsite or remotely. Alarm systems alert operations staff when processes and controls are working outside of preset parameters or in critical fail allowing corrections to be made onsite or remotely.

An efficient and reliable SCADA system is used to make process and operational control decisions and reduce critical infrastructure downtime. The SCADA software processes, ITEM 11
distributes, and displays the data, helping operators and other employees analyze the data and make important decisions. The SCADA server is a highly functional device that is for computer-to-computer contact, can store a significant amount of data, run and process data very quickly, and is designed to never shutdown. The SCADA server takes the data in the field, processes it, records it historically, and makes the data available to the operators on handheld devices or computers.

III. FISCAL IMPACTS:

The fiscal impacts for the purchase and installation, programming setup, and process start up shall not exceed $33,965.00. This cost is shared and included in the FY 2022/23 Wastewater budget 567.25.029900 for 60% ($15,715.00) and Water Operations b udget 527.35.029900 for 40% ($10,094.00). Price increases and additional licensing fees have increased the costs above the expected budgeted amount which requires a budget amendment. Staff is requesting an increase of $8,156.00 ( $4,894.00 to the Wastewater budget 567.25.029900 and $3,262.00 to the Water Operations budget 527.35.029900) as reflected in “Exhibit A” attached hereto.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Ensure the community has adequate, well -maintained infrastructure (including water, sewer, storm drains, and parks) that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

The alternative to this proposal is to not move forward with the purchase of the Aveva Select California licensing and technical support and leave the SCADA system non- accessible or operable causing the possibility of failing to meet the operational needs of the City’s utility infrastructure.

VI. STEPS FOLLOWING APPROVAL:

The Finance Director to make the accounting entries to execute the purchase order.

Approved by: _________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Budget Amendment

3. Quote
ITEM 11
RESOLUTION NO. 2022-92

AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE

ORDER WITH AVEVA SELECT CALIFORNIA FOR THE ANNUAL

SUPERVISORY CONTROL AND DATA ACQUISITION LICENSING
AGREEMENT AND A FISCAL YEAR 2022/23 BUDGET AMENDMENT

TO APPROPRIATE FUNDS

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres ’ utilities rely on the Supervisory Control and Data Acquisition (SCADA) for oversight, control, historical recording, and operator callouts for emergencies; and

WHEREAS, the SCADA software processes, distributes, and displays data helping operators analy ze and make important decisions to meet the City’s utility infrastructure needs; and

WHEREAS, the licensing agreement is renewed annually, with the current license set to expire on July 29, 2022; and

WHEREAS, the cost is shared and included in the FY 2022/23 Wastewater budget for 60% ($15,715.00) from account 567.25.029900 and Water Operations budget for 40% ($10,094.00) from account 527.35.029900; and

WHEREAS, prices have increased above the projected budgeted amounts ; therefore, a budget amendment of $8,156.00 is necessary ($4,894.00 to the Wastewater budget 567.25.029900 and $3,262.00 to the Water Operations b udget 527.35.029900); and

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to approve a purchase order with Aveva Select California for the annual Supervisory Control and Data Acquisition licensing agreement and a fiscal year 2022/23 budget amendment to appropriate funds.

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

ITEM 11
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th 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

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2022-92, dated July 25, 2022
authorizing appropriations for the Annual SCADA Licensing Agreement with Aveva as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Wastewater Contract
Services
567 25 029900 $4,894.00
Water Contract Services 527 35 029900 $3,262.00

Requested Appropriation $8,156.00
2022 - 2023 Current Appropriation $25,809.00
Total Appropriation $33,965.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue $0.00
2022 - 2023 Current Estimated Revenue $0.00
Total Estimated Revenue $0.00

Fiscal Impact:

N/A
ITEM 11
ITEM 11
06/13/2022
AVEVA - CFA # 101768, Exp. 07/29/2022
Attn: Samir Royal
CCERES
Direct
126 Mill Street
Healdsburg, CA 95448
(866) 966-3376
QUOTE 281430.1
Revision Delivered
Bill To:
2220 HACKETT ROAD
CERES, CA 95307
Ship To:

CITY OF CERES
direct (209) 538-5617
fax
direct
fax
main
(707) 473-3176
(707) 473-3190
(866) 966-3376
From: Ty Brown
[email protected]

CITY OF CERES

CITY OF CERES
2220 HACKETT ROAD
CERES, CA 95307
According to our records, your Wonderware by AVEVA Customer First Agreement # 101768 will expire on 07/29/2022.

Customer Site ID: 125374, City of Ceres, 2200 Hackett Road Ceres, California 95307 � WW HMI SCADA License(s) covered:
789189, 789190, 1078429, 1078430, 1160488, 1419496, 1467192 1467193, 1467194, 1467195, 1467196, 1484666, 1086305
� Historian License(s) covered:
1049834, 1078428, 1049833
� Dream Report License(s) covered:
1073192, 1482344, 2018335, 2018336
� WW InSight Standard Online:
2122876; 2122878
*Please note: Quoted licenses are perpetual, unless specifically noted as subscription or Flex licensing Please send your renewal order as soon as possible to avoid a lapse in service and late renewal fees. ______________________________________________________________________ • For Wonderware by AVEVA training, please visit our website and view our events schedule at www.california.wonderware.com.
california.wonderware.com
FOB: Healdsburg, CA
Pages:

Terms:

Freight:

Duration:

PO Number:

This quote is valid for 30 days.

Net 30 Days
Prepaid and Add
1 of 3 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 ITEM 11
06/13/2022
AVEVA - CFA # 101768, Exp. 07/29/2022
Attn: Samir Royal
CCERES
Direct
126 Mill Street
Healdsburg, CA 95448
(866) 966-3376
QUOTE 281430.1
Revision Delivered
Bill To:
2220 HACKETT ROAD
CERES, CA 95307
Ship To:

CITY OF CERES
direct (209) 538-5617
fax
direct
fax
main
(707) 473-3176
(707) 473-3190
(866) 966-3376
From: Ty Brown
[email protected]

CITY OF CERES

CITY OF CERES
2220 HACKETT ROAD
CERES, CA 95307
Included with Wonderware by AVEVA Premium Customer First Program are the following services:
• Emergency 24/7/365 Technical Telephone Support
• Wonderware by AVEVA Direct Technical Support: Access to technical resources at both the local distributor and directly from AVEVA • No Charge for Version Upgrades (*Please note that no charge version upgrades are only available while the CF contract is valid) • Access to the Wonderware by AVEVA Global Customer Support Website Access: Search for answers to your questions and log and track cases • Customer Support Shipments Including New Releases of Software, maintenance releases, Service Packs, and Patches, updates and hotfixes • Online Training Webinars: Access to library of eLearning webinars • Support Usage and Summary Reports: Automatically receive a monthly summary of all of your support activity • Software Asset Manager
***Please note: Customer first support contracts START from the date of license issue and are due for renewal one (1) year after date of contract inception. Support is calculated based on the list price of all licenses at the site.*** Premium Support
PriceQuantity ExtensionAvailability* TaxPart Number/Description 1 $13,140.00 $13,140.00N1-2 WeeksEstimated1
CFA# 101768, Customer FIRST - Premium -
Renewal - WW HMI, Exp 07/29/2023
Line:1

CF-PREMIUM-R-WW
1 $4,440.00 $4,440.00N1-2 WeeksEstimated1
CFA# 101768, Customer FIRST - Premium -
Renewal - Historian, Exp 0729/2023
Line:2

CF-PREMIUM-R-HST
1 $2,415.00 $2,415.00N1-2 WeeksEstimated1
CFA# 101768, Customer FIRST - Premium -
Renewal - RFO, Exp 07/29/2023
Line:3

CF-PREMIUM-R-RFO
Sub-Total $19,995.00
Insight Online
PriceQuantity ExtensionAvailability* TaxPart Number/Description 1 $9,070.00 $9,070.00N1-2 WeeksEstimated1
CFA# 101768, AVEVA Insight, Standard Plan,
Subscription; Premium Support - 1 Year, Exp
07/29/2023
Line:4
INSIGHT-12-S-P1
1 $4,240.00 $4,240.00N1-2 WeeksEstimated1
CFA# 101768, AVEVA Insight, Additional 5
Standard User(s), Subscription; Premium
Support - 1 Year, Exp 07/29/2023
Line:5
INSIGHT-20-S-P1
Sub-Total $13,310.00
california.wonderware.com
FOB: Healdsburg, CA
Pages:

Terms:

Freight:

Duration:

PO Number:

This quote is valid for 30 days.

Net 30 Days
Prepaid and Add
2 of 3 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 ITEM 11
06/13/2022
AVEVA - CFA # 101768, Exp. 07/29/2022
Attn: Samir Royal
CCERES
Direct
126 Mill Street
Healdsburg, CA 95448
(866) 966-3376
QUOTE 281430.1
Revision Delivered
Bill To:
2220 HACKETT ROAD
CERES, CA 95307
Ship To:

CITY OF CERES
direct (209) 538-5617
fax
direct
fax
main
(707) 473-3176
(707) 473-3190
(866) 966-3376
From: Ty Brown
[email protected]

CITY OF CERES

CITY OF CERES
2220 HACKETT ROAD
CERES, CA 95307
Win911
PriceQuantity ExtensionAvailability* TaxPart Number/Description 1 $660.00 $660.00N1-2 WeeksEstimated1
Annual Renewal of Customer Care Subscription
for WIN-911/PRO Exp 07/29/2023
Line:6
WIN-911/MAINT-R
Base Quotation Pricing Summary
Freight is NOT included in this total. Your final invoice may include freight charges. TOTAL:

Freight:

Subtotal:

Tax (8.38%):

Taxable:

Non-Taxable:Availability:
- Part availability is subject to change and is based on the availability at the time this quote was created. - Time in transit is subject to change depending on the "Ship To" address that is provided by the customer at the time the order is placed and the method in which customer requests that the part(s) ship. - For "In Stock" parts, orders must be received by 3:00PM PST to ship same day. - For Factory Stock parts, please allow approximately one week for delivery via our standard shipping methods. $0.00
$33,965.00
TBD
$33,965.00
$0.00
$33,965.00
california.wonderware.com
FOB: Healdsburg, CA
Pages:

Terms:

Freight:

Duration:

PO Number:

This quote is valid for 30 days.

Net 30 Days
Prepaid and Add
3 of 3 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 ITEM 11
ITEM 11

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 25, 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- 93, Approving the U se of ARPA F unds to Purchase Two (2) Autonomous Line Striper s, Maintenance Warranties, and Supplies from Turf Tank for a V ariety of Applications throughout City P arks and Authorizing S taff to Proceed with the Purchase
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the use of ARPA funds to purchase two (2) autonomous line stripers , maintenance warranties, and supplies for a variety of applications throughout City parks.

I. BACKGROUND:

On April 11, 2022, the City Council approved a mid- year budget amendment which included the approval of use of ARPA funds for various purchases per Resolution No. 2022-31. Line striping the sports fields of City parks is an important, yet time consuming task. Currently, line striping is done manually by staff, walking behind the striper as the fields are painted after the initial measuring is completed. Autonomous line stripers are designed to mark all types of sports fields easier, faster, and more efficiently. The use of autonomous line stripers will highly benefit the City by allowing staff to program the auto layout system, increasing productivity and reallocating manpower to more pres sing needs.

II. REASONS FOR RECOMMENDATION:

Demos were performed for Public Works Parks Division and Recreation Division by two companies who supply these kinds of line stripers: Tiny Mobile Robots and Turf Tank.

Tiny Mobile Robots had noticeable foreseen future issues with programming and technical support. Staff believes Turf Tank offers a better overall product that would suit the City’s needs and recommends moving forward with the purchase. The line stripers ITEM 12
ITEM 12
from Turf Tank are equipped with a low -pressure paint pump and nozzle system which delivers consistent markings and reduces paint consumption on an average of 50% or more, optimizing the use of funds. They also have advanced GPS technology that can identify the correct position of lines with 100% accuracy for initial markings as well as re- markings. The Autonomous Line Striper equipment will reduce the time to stripe the fields, increase efficiency and allow staff to do other maintenance activities while they are operating.

III. FISCAL IMPACTS:

Staff requests the use of ARPA funds for this purchase, totaling $ 124,874.00 through account number 21910.051100. Any ongoing costs are typically accounted for in the annual budget for paint supplies and equipment parts.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Ensure 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. POLICY ALTERNATIVES:

Council can decide not to appropriate funds for this purchase and line striping of the fields will continue to be done manually, consuming a significant amount of time for the already short-staffed Parks Division.

VI. INTERDEPARTMENTAL COORDINATION:

Public Works Recreation Division and Parks Division both attended the demos and agree the line striper from Turf Tank will be highly beneficial to the City.

VII. STEPS FOLLOWING APPROVAL:

The Director of Finance to make the accounting entries to appropriate the funds and execute the purchase order.

Approved by: ____________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Q uote
ITEM 12
ITEM 12
RESOLUTION NO. 2022-93

APPROVING THE USE OF ARPA FUNDS TO PURCHASE TWO (2)

AUTONOMOUS LINE STRIPERS, MAINTENANCE WARRANTIES, AND

SUPPLIES FROM TURF TANK FOR A VARIETY OF APPLICATIONS

THROUGHOUT CITY PARKS AND AUTHORIZING STAFF TO

PROCEED 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 purchases; and

WHEREAS, currently line striping of City parks and sports fields is done manually, consuming a significant amount of time for staff; and

WHEREAS, autonomous line stripers increase productivity and reallocate manpower to more pressing needs; and

WHEREAS, two demos were performed for the Public Works Parks Division and Recreation Division; and

WHEREAS, staff believes Turf Tank offers a superior product that will suit the City’s needs easier, faster, and more efficiently; and

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby approve the use of ARPA funds to purchase two (2) autonomous line stripers, maintenance warranties, and supplies from Turf Tank for a variety of applications throughout City parks and authorizing staff to proceed with the purchase.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th 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 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: July 25, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
Tom Hallinan, City Attorney
CONTACT: Tom Hallinan, City Attorney, [email protected] Fallon Martin, City Clerk, [email protected] SUBJECT:

Resolution 2022-94, Authorizing the City to Continue
Teleconferenced Pub lic Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a Resoluti on authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361.

I. BACKG
ROUND:

Governor Gavin Newsom signed Executive Order N -15-21 cl arifying that cities may continue to meet remotely in accordance with procedures est ablished by prior Executive Orders. On September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the r ules and pr ocedures established by the previous Executive Brown Act Orders.

This bill, u ntil January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown A ct when a legislative bo dy of a local agency holds a meeting during a declared state of emerg ency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.

ITEM 13

II. REASO NS FOR RECOMMENDATION:

On June 11, 2021, Governor Newsom issued Ex ecutive Order N -08-21, which among other things rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As the Delta variant has s urged in California, the legislature has taken action to extend the COVID -19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional s afeguards. AB 361 allows a local agency to use teleconferencing without complying with the Br own Act provisions in any of the following circumstances:

• The legislative body holds a meeting during a proclaimed state of emergency, and state or local offici als have imposed or rec ommended measures to promote social distancing.
• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person w ould present immine nt risks to the health or safety of attendees.
• The legislative body hold s a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under thes e circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown a ct. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:

• Allow the public to access the meeting and require that the ag enda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions. • In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physi cal location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.

ITEM 13

• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local ag ency’s control and prevents the public from submitting public comments (any actions taken du ring such a service disruption can be challenged under the Brown Act’s existing challenge provisions). • Not require comments be submitted in advance (though the le gislative body may pr ovide that as an option) and provide the opportunity to comment in real time.
• Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment.
• If the legislative b ody uses a third -party website or platform to host the teleconference, and the third -party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register a nd may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue usi ng the bill’s exemption to the Brown Act teleconferencing rules:

• The legislative body has reconsidered the circumstances of the emergency; and
• Either of the following circumstances exist: The state of emergency continues to directly i mpact the ability of members to meet safely in person, or State or local officials conti nue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID -19 pandemic and future appl icable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N -29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.

Since Ja nuary of 2021, the C eres C ity Council meetings have been held with virtual hybrid teleconference components. The City Council Chamber is open for public attendance and allows for public participation through a virtual environment. On October 11, 2021, the C eres City Council adopted Resolution No. 2021-101 authorizing the City to implement telec onferenced public meetings pursuant to Assembly Bill 361. This a llowed the City to continue a hybrid virtual meeting environment. The legislative body must now conduct the 30-day review and make the ne cessary fin dings to continue to meet in a virt ual hybr id environment.

III. F
ISCAL IMPACTS :

ITEM 13

There is no fiscal impact.

IV. I NTERDEPARTMENTAL COORDINATION:

The response was prepared by the City Attorney in coordinati on with the City Manager and City Clerk.

V. PUBL IC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

VI.

STEPS FOLLOWING APPROVAL:

If Council makes the finding that the state of emergency continues to directly impact the abil ity of m embers to meet safely in person, and/or State or local officials continue to impose or recommend social distancing measures , the City will continue using the hybrid environment. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

Prepared by: _______________________________
Tom Hallinan, City Attorney

Submitted by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

ITEM 13

RESOLUTION NO. 2022-94

AUTHORIZING THE CITY TO CONTINUE TELECONFERENCED
PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 ALLOWING

THE CITY TO CONTINUE A HYBRID VIRTUAL MEETING

ENVIRONMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and

WHEREAS, on March 23, 2020, the City Council adopted Resolution N umber 2020-23 declaring a local emergency due to COVID-19; and

WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.

Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and

WHEREAS, as a result of Executive Order N -29-20, staff set up Zoom meetings for all City Council, Planning Commission and Measure H Oversight Committee meetings; and

WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N -08- 21, which placed an end date of September 30, 2021, for agencies to meet remotely; and

WHEREAS, since issuing Executive Order N -08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and

WHEREAS, on October 11, 2021, the City Council adopted Resolution No. 2021- 101 a uthorizing the City to i mplement teleconferenced public meetings pursuant to Assembly Bill 361 allowing the City to continue a hybrid virtual meeting environment. The City will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings and there is a need to continue the virtual hybrid meeting environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CIT Y OF CERES
RESOLVES AS FOLLOWS:

ITEM 13
Resolution No. 2022-__; Page 2 of 2

1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:

a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions /Committees, as well as staff and members of the public, from meeting safely in person; and
c. The Stanislaus County Health orders require all individuals in public spaces to maintain social distancing.

2. City Council and Commission/Committee meetings will continue to be conducted with a virtual hybrid component for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.

3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25
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 13

COUNCIL AGENDA REPORT
M
EETING DATE: July 25, 2022
T
O: Mayor and City Council
F
ROM: Alex Terrazas, City Manager
CO
NTACT: Leticia Dias, Finance Director
Let
[email protected], (209) 538-5725
SUBJ
ECT: Resolution No. 2022-95, Accepting the Transfer of Real Property at 830 P ecos Avenue, Modesto, CA 95351, from the Industrial Fire District to the City of Ceres and Authorize the City Manager to Execute the Transfer
RECO
MMENDED COUNCIL ACTION:

S
taff recommends Council approve a resolution accepting the transfer of real property at 830 Pecos Ave. , Modesto, CA 95351 from the Industrial Fire District and authorize the City Manager to execute the transfer.

I. BA
CKGROUND:

The I
ndustrial Fire Protection District currently owns the certain real property and improvements located at 830 Pecos Ave., Modesto, CA 95351, also know as Fire Station #2. The Industrial Fire Protection District previously entered into that certain Joint Exercise of Powers Agreement with the City of Ceres and the City of Modesto in 2007, and the Ceres City Manager and Chief of Police are currently appointed to the board.

The I
ndustrial Fire Protection District is located between the cities of Ceres and Modesto and consists of predominately developed territory. The entire district boundaries are located within the city of Modesto’s and the C ity of Ceres’ sphere of influence. Pursuant to the JPA Agreement, the Industrial Fire Protection District has complete control over all of the District’s assets and has the power to dispose of any District property. The Industrial Fire Protection District desires to transfer the property to the City of Ceres to support fire protection activities undertaken by the City of Ceres. This property is used only by contracted City of Modesto

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
ITEM 14

2 employees and is not being used by the Fire Protection District and therefore should reside with the agency who is operating and maintaining the property.

The maintenance of Fire Station #2, along with Fire Stations #1, #3 and # 4, are the responsibility of the City of Ceres. The annual, and ongoing, utility and maintenance costs, funded by the General Fund, for Fire Station #2 are approximately $62,805 and are included in the annual budget.

II. REASONS FOR RECOMMENDATION:

It is recommended the ownership of the property be transferred to the City of Ceres. The property at 830 Pecos Ave., Modesto, CA 95351 is located within the City of Ceres sphere of influence. The property, known as Fire Station # 2, is maintained by the City of Ceres and is used by City of Modesto fire personnel who respond to emergency calls within the City of Ceres.

III. EXISTING POLICY/RELATIONSHIP TO THE STRATEGIC PLAN:

The transfer of ownership of this property to the City of Ceres helps to achieve goal number one of the Strategic Plan, Infrastructure : Ensure 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.

IV. FISCAL IMPACTS:

There is no additional fiscal impact as the City of Ceres already maintains the building.

V. S TEPS FOLLOWING APPROVAL:

Upon approval, the City Manager will sign the agreement and the conversion process will begin. The Finance Department will handle the conversion and coordinate updates to the City’s website as appropriate.

Submitted by: ______________________________
Alex Terrazas, City Manager

ATTACHMENTS:

1. Resolution

2. Modesto-Ceres Fire Protection Agency signed resolution ITEM 14
RESOLUTION NO. 2022-95
ACCEPTING THE TRANSFER OF REAL PROPERTY AT 830 PECOS
AVENUE, MODESTO, CA 95351, FROM THE INDUSTRIAL FIRE

DISTRICT TO THE CITY OF CERES AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE TRANSFER

THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres entered into a contract for Fire Services Agreement with the City of Modesto; and
WHEREAS, the City of Ceres and the City of Modesto are part of a Joint Exercise of Powers Agreement with the Industrial Fire District; and WHEREAS, the Industrial Fire District owns and has complete control over that certain real property and improvements located at 830 Pecos Ave., Modesto, CA 95351, also known as Fire Station #2; and
WHEREAS, the Industrial Fire District desires to transfer the property to the City of Ceres to support fire protection activities undertaken by the City.

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby accept the transfer of real property at 830 Pecos Avenue, Modesto, CA 95351, from the Industrial Fire District to the City of Cer es and authorize the City M anager to execute the transfer.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of July, 2022, by the following vote:

AYES: C
ouncil Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:
_______
_________________________
Javier Lopez, Mayor
ATTEST:
_______
_________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14

MODESTO CITY COUNCIL
RESOLUTION NO. 2007-166

A RESOLUTION APPROVING A JOINT EXERCISE OF POWERS

AGREEMENT BY AND BETWEEN THE INDUSTRIAL FIRE DISTRICT, THE

CITY OF MODESTO, AND THE CITY OF CERES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.

WHEREAS, the City of Modesto and the City of Ceres entered into a fifteen year contract in 1993 with the Industrial Fire District (District) to provide fire and life safety services to the residents and properties of the District, and WHEREAS, the revenue collected by the District has been divided equally between the City of Modesto and the City of Ceres, with 4 percent being retained by the District for administrative costs and insurance, and
WHEREAS, the response areas for Modesto and Ceres were determined by the general plan spheres of influence, and
WHEREAS, the current agreement expires in August 2008, and it is critical to establish a new, long-term agreement prior to this date, and WHEREAS, the City of Modesto desires to enter into a Joint Exercise of Powers Agreement with the Industrial Fire District, the City of Modesto, and the City of Ceres, which will increase the City of Modesto's designated revenue, and WHEREAS, by participating in the Joint Powers Agency, the City of Modesto will acquire Fire Station #10, which will increase the City'S property assets, and WHEREAS, the Safety and Communities Committee approved this request at the November 6, 2006, meeting for recommendation to the full Council, 0313071FireIJMigueliitem06 2007-166
ITEM 14
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Joint Exercise of Powers Agreement between the Industrial Fire District, the City of Modesto, and the City of Ceres.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Joint Exercise of Powers Agreement between the Industrial Fire District, the City of Modesto, and the City of Ceres and the Industrial Fire District.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of March, 2007, by Councilmember Dunbar, who moved its adoption, which motion being duly seconded by Councilmember O'Bryant, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Dunbar, Hawn, Keating, Marsh, O'Bryant NOES: Councilmembers: None
ABSENT: Councilmembers: Olsen, Mayor Ridenour
ATTEST: ~ /'vio\..JJ.u
JEA MORRIS, CItYCIefk
APPROVED AS TO FORM:
~
.'"
By:

Susana cala Wood, City Attorney
031307/FireJJMigueilitem06 2 2007·166
ITEM 14
ITEM 14

MODESTO-CERES FIRE PROTECTION AGENCY

JOINT POWERS AUTHORITY

MINUTES
June 20, 2022
CALL TO ORDER: 10:36 a.m.

ROLL CALL:

Present: Joe Lopez, Alan Ernst, Alex Terrazas, Richard Collins, Valerie Fabela Other Attendees: DeAnna Christensen, Rylee Silva, Maria Garnica, Alex Mog,

Absent: Stacey Pratt

NEW BUSINESS:
a) Approval of the December 9, 2021 Meeting Minutes
Motion: Joe Lopez
Second: Alex Terrazas
Abstain: n/a
b) Annually elect President per agreement section 9.1
• City Manager Joseph P. Lopez was voted president for this FY 22-23.

Motion: Alan Ernst
Second: Richard Collins
Abstain: n/a
c) City of Ceres approved at 2/14/22 Council to appoint Ceres Police Chief Richard Collins to the JPA Board Commission.

Motion: Richard Collins
Second: Alan Ernst
OLD BUSINESS:
d) Cost Recovery Program and District Revenues follow-up from Legal • Alex Mog will look at the agreement and report by next bi-annual meeting what powers the City has to raise the fire assessment cost.
• Valerie will share the agreement with Alex.
e) Grant Deed transfer from Industrial Fire District to City of Ceres for the 830 Pecos property
• This property is used only by City of Ceres Fire & after research the current grant deed references Industrial Fire as the property owner. It is recommended to transfer ownership of the property to City of Ceres. It’s not being used by the district and should reside with the agency who is operating and maintaining the property which is City of Ceres. City of Ceres needs to solidify the transfer by obtaining approving from their Council. Ceres will plan to put this item on an upcoming Ceres council.

Motion: Richard Collins
Second: Alex Terrazas
ITEM 14
There being no further business of the board, Joe Lopez adjourned the meeting at 10:50 a.m.

Submitted by,

Valerie Fabela
Secretary
ITEM 14

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 25, 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 -96, Approving the Use of American Rescue Plan Act ( ARPA) F unds to Increase Code Enforcement Staff and Purchase Necessary Equipment and Authorizing Staff to M ove Forward with the Staff Recruitment and Equipment Purchases RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve s the use of ARPA funds to increase Code Enforcement Staff and purchase necessary equipment.

I. BACKG ROUND:

On April 11, 2022, Council approved a mid- year budget amendment which included the use of ARPA funds for various projects at the Police Department. One of those projects included adding staff and equipment to the Code Enforcement program. Council allocated $500,000.00 to the program but directed staff to bring back a comprehensive plan for Council’s consideration. During a City Council Workshop, held on May 4, 2022, staff presented a plan that outlined proposed staffing for the unit. The plan also included strategies to increase the overall efficiency within the unit. The agenda and staff report for this workshop is included as Attachment 1. Minutes for the workshop are also included with this staff report as Attachment 2.

II. RE
ASONS FOR RECOMMENDATIO N:

Illegal dumping, unpermitted street vendors, and homelessness (camping) have been an issue in the City of Ceres for many years . Business activities, property maintenance standards, and zoning violations are also a concern. To address thes e areas, staff recommends adding additional resources to the Code Enforcement program.

ITEM 15
It is recommended that one additional Code Enforcement Officer position be added and two part-t ime positions be added to address issues related to illegal dumping. These two part-time positions would supplement the illegal dumping pick-u ps being done by Bertolotti Disposal Company.

Staff had initially proposed adding a supervisory position to the unit. However , in order to reduce costs, staff is now recommending that an existing Lieutenant be assigned to supervise the unit. It is proposed the Lieutenant assigned will receive a 5% pay differential increase for the time they are in the position.

The cost for adding these positions and purchasing necessary equipment is approximately $480,000.00. This is within the $500,000.00 allocated by the City Council for an expanded Code Enforcement program and will provide two years of funding for the expanded program. As the Council may recall , this funding was allocated by the Council as part of the first allocation of ARPA funds.

If the recommendation is approved Code Enforcement staffing will be as follows:
• T
hree (3) full-time Code Enforcement Officers
• One (1) full-time Code Enforcement Secretary
• Two (2) part-time staff to combat illegal dumping
• Supervision will be provided by an existing Lieutenant III. FISCAL IMPACTS:

A
s indicated above , the cost associated with the recommendation is approximately $480,000 and provides for two years of funding for salaries and benefits and one vehicle and equipment for the proposed new positions.

P
rior to the conclusion of two years of operations, staff will examine the feasibility of sustaining the increased staffing. If it is not possible to sustain, reductions to the staffing levels in Code Enforcement will need to be considered.

IV. POLICY ALTERNATIVES:

C
ouncil could choose to not approve the use of ARPA funds to add additional staff to the Code Enforcement Unit. Staff would look for alternative ways to combat illegal dumping, unlicensed street vendors, and building maintenance standards.

V
. STEPS FOL LOWING APPROVAL:

Upon City Council approval staff will coordinate with the Human Resources Department to recruit for the approved positions. Staff will also purchase the necessary equipment for the officers and any vehicles purchased.

A
pproved by: __________________________
Alex Terrazas, City Manager
A
ttachments:

ITEM 15

1. Resolution

2. Attachment 1 - Agenda and Staff Report from May 4, 2022 City Council Workshop

3. Attachment 2 - Minutes from May 4, 2022 City Council Workshop ITEM 15
ITEM 15

RESOLUTION NO. 2022-96

APPROVING THE USE OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS TO

INCREASE CODE ENFORCEMENT STAFF AND PURCHASE NECESSARY

EQUIPMENT AND AUTHORIZING STAFF TO MOVE FORWARD WITH THE STAFF

RECRUITMENT AND EQUIPMENT PURCHASES

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council approved a mid-year budget which included the use of ARPA funds for various projects at the Police Department, including increas ing the Code Enforcement staff and purchasing necessary equipment; and

WHEREAS, the issues of illegal dumping, unpermitted street vendors and homelessness have been an issue in the City of Ceres for many years a s well as business activities, property maintenance standards and zoning violations; and

WHEREAS, the hiring of one (1) additional full-time Officer and two (2) new part- time employees will have no fiscal impact on the City.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ceres does hereby approve the use of American Rescue Plan Act ( ARPA) funds to increase Code Enforcement staff and purchase necessary equipment and authorize staff to move forward with the staff recruitment and equipment purchases.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25rd 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 15
ITEM 15

REVISED AGENDA

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

CITY OF CERES, CALIFORNIA
City Council Chambers is located at 2701 Fourth Street
Wednesday, May 4, 2022, at 5:30 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
Members of the public are advised that all cellular telephones and any other communication devices are to be turned off upon entering the City Council Chambers.

CALL TO ORDER
Mayo
r Javier Lopez

ROLL CALL
Mayo
r: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Council Members: District 1 James Casey; District 2, Vacant; District 4 Mike Kline NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 2022 -21, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT.

LIN
K TO JOIN: https://us02web.zoom.us/j/82785846164?pwd=eFp0QU1ZV3QxNUxiSUtVajg3UWliUT09 ZOOM
MEETING ID: 827 8584 6164; PASSCODE: 406859; BY PHONE: (669) 900-6833

REMOTE PUBLIC COMMENT 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 y
ou 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] Attachment 1
ITEM 15

CITIZEN COMMUNICATIONS
While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes for comments (Resolution No. 2007-106 ). Citizens are entitled to address the City Council on items described in the agenda for this special meeting. 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.

S
aid Special Meeting shall be for the following purpose:

NEW BUSINESS

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

CLOSED SESSION
Added

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

REPORTS FROM CLOSED SESSION

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

R
elated 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.

N
otice 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 24 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-

35.104 ADA TITLE II)

AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California that this Notice and Call of a Special City Council Meeting was posted in accordance with the Ralph M. Brown Act, at least 24 hours prior to the meeting. Locations: Ceres Community Center located at 2701 Fourth Street, and on the City’s website at www.ci.ceres.ca.us.

P
osted on April 29, 2022. /s/ Annabelle Aguilar, CMC, Interim City Clerk ITEM 15

COUNCIL AGENDA REPORT
MEETING DATE: May 4, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Rick Collins, Chief of Police
[email protected] (209) 538-5726
SUBJECT: Code Enforcement Workshop

CITY COUNCIL
Javier Lopez, Mayor
Bret Silveira James Casey
Mike Kline
One of the essential functions of the Code Enforcement Unit is investigating violations of city municipal codes and state laws regulating public health and safety, public welfare, and public nuisances. The unit also investigates business activities, property maintenance standards , and zoning violations.

Since early 2020, blight, illegal dumping, and a variety of public nuisances have been a major concern for members of our community and City Council. These issues can have a negative impact on quality of life in the City and community character. Staff recognizes the need to improve the effectiveness and efficiencies of the Code Enforcement unit. To address this City Council and community priority staff is recommending the addition of personnel and equipment to the unit using American Rescue Plan Act (ARPA) funds.

The purpose of the workshop is for staff to present background information related to code enforcement and present a proposed plan to address code enforcement issues in the City.

The plan outline is an attachment to this staff report. The City Council will have the opportunity to provide input regarding the proposed plan so that any changes requiring funding can be included in the Fiscal Year 22-23 operating budget. This will be a publicly noticed meeting and open to members of the community.

After receiving Council direction, staff will work to develop a finalized plan that includes components approved by the City Council. The presentation provided by staff at the workshop will include recommendations to hire additional staff and purchase the necessary equipment to include:
• (1) Working Code Enforcement Supervisor
• (1) Code Enforcement Officer

ITEM 15
• (2) Part-time staff to deal with illegal dumps
• (3) Code Enforcement Vehicles.
• Furniture, safety equipment, and uniforms.

Approved by:~ ~ ~ :!:2!-~= =----------- --­
~ as, City Manager
Attachments :

1. Code Enforcement Plan Outline

ITEM 15
Code Enforcement Unit Plan Outline
Mission:

Investigate violations of city municipal code and state laws regulating public health and safety, public welfare, public nuisances, business activities, consumer protection, property maintenance standard, and/or zoning violations. When violations are verified, enforcement efforts are applied in accordance with the City of Ceres municipal code, state laws, and federal laws. The goal is gaining compliance.

Proposed Staffing:

1. (1) Code Enforcement working supervisor

2. (3) Code Enforcement Officers

3. (1) Code Enforcement Secretary

4. (2) Part-time staff to deal with illegal dumps
Illegal Dumping Strategy:

A. Assign part-time staff to handle this priority task.

B. Proactive and reactive approach to this
a. Illegal dump site is assigned to officer and documented (case created) in Gov Outreach.
b. Dump site is inspected. Review camera footage if available to identify responsible party.
c. Issue 3-5-day (determine a final length of time) notice of violation to responsible party. Currently we have a 10-day notice of violation. d. Code Unit inspects after 3-5 days. If abated, case is closed. e. If not abated, issue appropriate fine to the responsible party. f. Removal of dump site by city staff and/or Bertolotti Disposal g. Collaborate and communicate with Public Works to ensure consistency, efficiency, and teamwork.

C. Implement a robust camera monitoring system.
a. Place conspicuous cameras at known hotspots throughout the city to eliminate and/or reduce the frequency of illegal dumps.
b. Create and place sign age at the same locations as the camera. Include muni code violation and fine schedule.
c. Create PSA notices to distribute via utility bills and social media platforms. d. Take a more assertive approach with leaf and limb violators.

ITEM 15
Street Vendor Strategy:

A. Continue to enforce and investigate with non-sworn staff.

B. Attempt to locate mid-level/high level employees who drop off vendors a. Try to get them in compliance with our permitting process. b. Should we consider lowering the insurance policy requirement? It is currently set at 2 million dollars.
c. Take a closer look at private property versus public property. i. We get resistance and pushback from businesses like Home Depot, La Sequoia, and others
d. Issue citations to those whom we have encountered before. No warning cites for them. Continue to issue notices of violation (warnings) to everyone else.

Graffiti & Park Vandalism:

A. Implement a robust & conspicuous camera system to monitor the parks that experience the most problems (budget permitted).
a. Try to get data to identify when graffiti and vandalism occurs. b. Coordinate with Parks Dept to ensure proper communication and documentation between our contract vendor and code enforcement. c. Look at establishing on-call procedures for extremely offensive or large-scale graffiti on the weekends.
d. Code Enforcement Unit can cover small-scale graffiti. e. Ideally, we would like to assign a code enforcement officer to handle this every day.

Homeless, Camping, RV:

A. Get in touch with local business to get them to install proper sign age (loitering, trespassing, etc.)
a. It's not against the law to be homeless but loitering and trespassing is something we can enforce.
b. Inquire about shelter space in the county. This will allow us to cite if space is available but there are limited beds in the county (Martin v. Boise 2018). c. Parks and other public spaces?
B. Camping in public spaces, parks, vacant lots to include RV camping a. Refer to section A regarding Martin v. Boise decision b. Continue to have officers assist code enforcement by tagging RV in parking lots open to the public.
c. We are close to eliminating the towing issues we had with the tow companies on our rotation. Increased efficiency will come once that is finalized. d. Can we change the notice of violation time from 10 days to 5 days?

ITEM 15
Substandard Housing:

A. Take a more proactive approach to this task.
a. Engage early to gain compliance with use of violation notices, communication, and/or fines.
b. If this approach does not work, we'll have to resort to red tagging procedures or court ordered remedies. Either approach takes time.
c. Early engagement with legal team.

Work Schedule:

A. Stay on a 4-10 schedule or move to a staggered 5-8 schedule? B. Infuse the part-time illegal dump crew into the code enforcement schedule based on data for illegal dumps if we have it.

C. Code Officers will rotate working Saturdays every three months.

D. Is there a need to transition to a seven day a week coverage? Work Operations/Efficiency:

A. Have MDC's installed in the code enforcement vehicles.

B. Do case notes out in the fields via Surface Pro laptops or iPads.

C. Work in collaboration with Planning, Fire, Public Works, and AVA. a. Communication between departments is essentially to the overall mission.

D. Identify what cases will take priority depending on who calls in a complaint or violation.

E. Consider implementing a beat assignment for the code enforcement officers. Like the patrol officers.

F. Develop performance measures to track the effectiveness of the unit. a. What are other cities using as performance measures? b. Provide council with a monthly activity report to show the unit's progress/performance.

ITEM 15
ITEM 15
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.

Co
F
lick.

MINUTES

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

CITY OF CERES, CALIFORNIA
City Council Chambers is located at 2701 Fourth Street
Wednesday, May 4, 2022, at 5: 30 p. m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: ( 209) 538- 5700 Fax: ( 209) 538- 5780
Members of the public are advised that all cellular telephones and any other communication devices are to be turned off upon entering the City Council Chambers.

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

ROLL CALL

Present:

Mayor Javier Lopez
Vice Mayor Bret Silveira ( District 3)
Council Members: District 1 James Casey and District 4 Mike Kline Note: District 2 ( Vacant)
1CITIZEN COMMUNICATIONS
1 Dave Pratt commented on the debris that falls off of trucks with trailers that do not secure their loads.

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

Said Special Meeting shall be for the following purpose:

NEW BUSINESS

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

Police Chief Rick Collins gave the presentation.

Attachment 2
ITEM 15
City Council Minutes of May 4, 2022
Council Member Casey suggested that the street sweeper report any necessary clean- up seen along their route.

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

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

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

CLOSED SESSION
Cancelled

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

REPORTS FROM CLOSED SESSION

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

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

JavierZ, Mayor
aj. dits.,
By Cristina Aguilar, De ty City Clerk
for Kellie E. Weaver, Interim City Clerk
Consistent with Council Policy, the minutes referencedaboveare in action format. Thecompleterecording of the meeting can be viewed at https:// www. ci. ceres. ca. us/ agendacenter

ITEM 15

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: July 25, 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. 2022-97, Authorizing the Use of American Rescue Plan Act (ARPA) Funds and Neighborhood Park Fees for the Design and Construction of Ochoa Park Improvements
RECOMMENDED COUNCIL ACTION:

Staff recommends the Council adopt a resolution authorizing the use of American Rescue Plan Act (ARPA) funds and Neighborhood Park Fees for the design and construction of Ochoa Park improvements.

I. BACKGROUND:

The preliminary improvements constructed at Ochoa Park were completed in March 2020.

Due to funding constraints the City did not move forward with the full range of improvements that were in the park design. The improvements that were completed in March 20 20 included grading and site work, installation of some landscaping materials, a play structure, a volleyball area, concrete benches, concrete pavement and an area for playing cornhole.

The full design at Ochoa Park was not completed and included additional site work, utilities, pavement, sidewalks, picnic tables, basketball courts shade structures and additional landscaping.

With the availability of ARPA funds and Neighborhood Park Fees there is funding available to construct additional improvements at the park. Unfortunately, there continues to be funding constraints; therefore, the improvements recommended at this time are limited to installation of irrigation, hydroseeding for turf grass and the installation of an irrigation well.

A copy of the preliminary cost estimate of $1.2 million for these improvements is included as Attachment 1. This amount is significantly higher than the amount of ARPA funds that has been allocated to this project ($400,000).

To fund the design and construction of this project staff is proposing the following funding plan:
• $1,050,000 of ARPA Funds (including $650,000 that was allocated to Lions Park) ITEM 16
• $172,000 of Neighborhood Park Fees
II. REASO NS FOR RECOMMENDATION:

Approval of the recommendation will provide funding for construction of the proposed improvements and additional areas for recreation and park usage.

III. FISCAL IMPACTS:

P
reliminary cost estimate for construction of the proposed improvements is $1.2 m illion.

Sources of funding for the project are ARPA funds and Neighborhood Park Fees.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

The recommended action supports the strategic plan by making improvements to the infrastructure and parks contributes to the creation of a livable community and supports efforts related to economic development.

V. POLICY ALTERNATIVES:

Postpone proposed improvements to a later date.

VI. INTERDEPARTMENTAL COORDINATION:

The Engineering and Public Works Department have been coordinating preliminary design and project cost estimate efforts.

VII. PUBLI C PARTICIPATION:

A
genda posting.

VIII. ENVIRO NMENTAL REVIEW:

This project is exempt from the environmental review process.

IX. STEPS FOLLOWING APPROVAL:

I
f the recommended action is approved staff will move forward with design of the improvements. After the design is completed, staff will solicit bids for construction. Sta rt date for construction will be weather dependent.

A
pproved by: _________________________
Alex Terrazas, City Manager
A
ttachments:

1. Preliminary Construction Cost Estimate

2. Exhibit showing areas to be hydroseeded

3. Photos of Ochoa Park
ITEM 16

4. Resolution Authorizing the use of American Rescue Plan Act funds and Neighborhood Park Fees for the Design and Construction of Ochoa Park Improvements.

ITEM 16
ITEM 16

GUILLERMO OCHOA PARK CERES, CALIFORNIA
P
HASE TWO 7/13/2022
ITEM DESCRIPTION U NIT QUANT. UNIT COST AMOUNT
A. Mobilization and General Conditions
1 General Conditions LS 1 $20,000.00 $20,000.00
2 Erosion Control LS 1 $25,000.00 $25,000.00
3 Construction Fencing LF 2,339 $3.00 $7,017.00
---------------------
SUB-TOTAL $52,017.00
B. Site Preparation and Grading
1 Site Grading (Rough) SF 20,629 $0.36 $7,426.44
2 Site Grading (Fine) SF 243,098 $0.50 $121,549.00
---------------------
SUB-TOTAL $128,975.44
C. Site Utilities
1 Storm Drainage Inlets (24" square) EA 9 $1,200.00 $10,800.00 2 Storm Drainage Inlets (12" square) EA 2 $800.00 $1,600.00 3 Stormwater Lines LF 1,343 $45.00 $60,435.00
---------------------
SUB-TOTAL $72,835.00
D. Pavement and Surfacing
1 Stabilized Decomposed Granite SF 5,782 $7.00 $40,474.00 2 Loose Fill Decomposed Granite SF 17,613 $4.00 $70,452.00 ---------------------
SUB-TOTAL $110,926.00
E. Planting
1 Drill Seed or Hydroseed Turf Grass SF 201,921 $0.25 $50,480.25 2 180 Day Maintenance Establishment Period SF 201,921 $0.25 $50,480.25 ---------------------
SUB-TOTAL $100,960.50
F. Irrigation
1 Irrigation System - Turf Rotors SF 201,921 $1.50 $302,881.50 2 Irrigation Controller EA 1 $12,000.00 $12,000.00
3 Irrigation Flow Sensor & Master Valve EA 1 $3,000.00 $3,000.00 4 Irrigation Backflow EA 1 $5,000.00 $5,000.00
5 Irrigation Booster Pump EA 1 $30,000.00 $30,000.00
---------------------
SUB-TOTAL $352,881.50
G. City Well
1 Dedicated Irrigation Well (Cost per City Water Dept.) LS 1 $200,000.00 $200,000.00 ---------------------
SUB-TOTAL $200,000.00
$1,018,595.44
10% Contingency $101,859.54
5% Mobilization & Demobilization $50,929.77

2.5% Bonding $25,464.89
10% Soft Costs $101,859.54
ROM Estimate Total $1,196,849.64

PRELIM CONSTRUCTION COST ESTIMATE - EXHIBIT C

CONSTRUCTION SUBTOTAL
EST-2022-07-13-ROM Costs-M3458 1
ITEM 16
NOTES:

1. Items not included as a part of this estimate:

A. Permits
B. Environmental Permits & Planning
C. Utility Fees
D. Construction Escalation Costs

2. This is a preliminary estimate only and not to be used as a bidding quantity sheet.

3. C. Site Utilities
4 Electrical System LS 1 $300,000.00 $300,000.00
---------------------
$300,000.00
D. Pavement and Surfacing
2 Loose Fill Decomposed Granite SF -17,613 $6.00 ($105,678.00) 3 Concrete Flatwork SF 12,197 $20.00 $243,940.00
4 Concrete Subdivision Sidewalk SF 1,102 $20.00 $22,040.00 5 Concrete Mowband LF 731 $32.00 $23,392.00
6 Metal Edging LF 1,201 $12.00 $14,412.00
7 Basketball surfacing SF 2,035 $3.00 $6,105.00
8 Engineered Wood Fiber CY 63 $90.00 $5,670.00
H. Site Features
1 Picnic Tables EA 8 $3,500.00 $28,000.00
2 Basketball Standard EA 1 $3,000.00 $3,000.00
3 Shade Structure Type 1 EA 1 $75,000.00 $75,000.00
4 Shade Structure Type 2 EA 1 $85,000.00 $85,000.00
5 Dramatic Play Equipment LS 1 $85,000.00 $85,000.00
Train Town Structure #R50DD77FA EA 1
Tree house #R504514BA EA 1
---------------------
$485,881.00
E. Planting
3 Soil Conditioning & Amendments SF 20,548 $0.50 $10,274.00 4 Shrub & Groundcover Planting SF 20,548 $3.50 $71,918.00 5 15 Gallon Trees EA 69 $250.00 $17,250.00
6 24" Box Trees EA 4 $400.00 $1,600.00
7 Root Barriers LF 120 $12.00 $1,440.00
8 Top Dressing - Decorative Mulch 3" Min Depth SF 20,548 $0.80 $16,438.40 9 180 Day Maintenance Establishment Period (Additional) SF 20,548 $0.25 $5,137.00 F. Irrigation
6 Irrigation System - RWS EA 73 $100.00 $7,300.00
7 Irrigation System - Drip/ Bubbler SF 20,548 $2.75 $56,507.00 ---------------------
$187,864.40
$785,881.00
10% Construction Contingency $ 78,588.10
$864,469.10
$
1,064,469.10Total Estimated Construction Cost + Add Alternates Estimated Construction Add Alternate Total
Add Alternate Construction Subtotal
Add Alternate 2 Sub-Total
A
dd Alternate 2 - Pavement Surfacing & Site Features
Add Alternate 3 - Tree & Shrub Planting & Irrigation
Add Alternate 2 Sub-Total
Add Alternate 1 Sub-Total
Add Alternate 1 - Add Park Lighting
Item and Description Numbers below correlate to the Item and Description Numbers in the Base Bid above.

This estimate does not take inflation into consideration.

A

DD ALTERNATES
EST-2022-07-13-ROM Costs-M3458 2
ITEM 16
J:\Marketing\M Projects\M3458 Ochoa (Eastgate) Park Landscape Ceres\_Preliminary Proposals\PROP-2022-06-21-Ochoa Park Ph2 Improvements-M3458.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 4 EXHIBIT A – ESTIMATED LIMITS OF WORK
ITEM 16
ITEM 16
OCHO PARK- JULY 2022
ITEM 16
ITEM 16
RESOLUTION NO. 2022-97
A

UTHORIZING THE USE OF AMERICAN RESCUE PLAN ACT (ARPA)

FUNDS AND NEIGHBORHOOD PARK FEES FOR THE DESIGN AND

CONSTRUCTION OF OCHOA PARK IMPROVEMENTS
T

HE CITY COUNCIL
City of Ceres
W
HEREAS t he preliminary improvements constructed at Ochoa Park were completed in March 2020; and
W
HEREAS, t he improvements that were completed in March 2020 included grading and site work, installation of some landscaping materials, a play structure, a volleyball area, concrete benches, concrete pavement and an area for playing cornhole; and
W
HEREAS, due to funding constraints the City did not move forward with the full range of improvements that were in the park design; and WHEREAS, t he full design at Ochoa Park was not completed and included additional site work, utilities, pavement, sidewalks, picnic tables, basketball courts shade structures and additional landscaping
; and
W
HEREAS, with the availability of ARPA funds and Neighborhood Park Fees there is funding available to construct additional improvements at the park; and W
HEREAS, there unfortunately continues to be funding constraints; therefore, the improvements recommended at this time are limited to installation of irrigation, hydroseeding for turf grass and the installation of an irrigation well; and W
HEREAS, the preliminary cost estimate for these improvements is $1.2 million, which is significantly higher than the amount of ARPA funds that has been allocated to this project ($400,000); and
W
HEREAS, to fund the design and construction of this project staff is proposing the following funding plan: $1,050,000 of ARPA Funds (including $650,000 that was allocated to Lions Park) and $172,000 of Neighborhood Park Fees.

NO
W THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby authorize the use of American Rescue Plan Act (ARPA) funds and Neighborhood Park Fees for the design and construction of Ochoa Park improvements.

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

ITEM 16
PA SSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of July 2022, by the following vote:

AYE
S: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
_________________________
Fallon Martin, City Clerk
ITEM 16
Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023
Reference Resolution No. 2022-97, dated July 25, 2022
authorizing appropriations for the Ochoa Park Improvements as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Neighborhood Park Fees 253 95 800500 $172,000.00
ARPA Fund 219 95 800500
(PW 2221)
$650,000.00
ARPA Fund 219 95 800500
(PW 2225)
-$650,000.00
Requested Appropriation $172,000.00
2022 - 2023 Current Appropriation $1,050,000.00
Total Appropriation $1,222,000.00
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:

ITEM 16
ITEM 16

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
M
EETING DATE: July 25, 2022
T
O: Mayor and City Council
F
ROM: Alex Terrazas, City Manager
CO
NTACT: Kevin Waugh, P.E., City Engineer
k
[email protected], (209) 538-5775
S
UBJECT: R esolution No. 2022-98, Authorizing Acceptance of the Clean California Local Grant Program Awarded to Improve Smyrna Park
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council authorize the acceptance of the Clean California Local Grant Program (CCLGP), awarded by the state to improve Smyrna Park in the amount of $2,872,661 with local matching funds of $410,380, totaling the project cost at $3,283,041.

I. BACKGRO UND:

The Clean California Local Grant Program (CCLGP) is a competitive statewide program, administered by the California Department of Transportation (Caltrans) to provide $296 million as a part of a two- year program to beautify and improve local streets and roads, tribal lands, parks, pathways, transit centers and other public spaces. Eligible projects must meet at least one of the following goals: litter and graffiti abatement, greening and the use of native drought tolerant plantings, improving access to public space, public engagement in project development, and projects in underserved communities.

The total program budget is $296 million, with a maximum individual grant award of $5 million. Proposals were due February 1, 2022 and grant awards were announced in early March 2022. Awarded projects must be completed by June 30, 2024.

II. REASONS FOR RECOMMENDATION:

In November 2021, City staff began review of the grant requirements and met in January 2022 to discuss the grant program and public areas within the City that would meet the grant goals and provide the most benefit to the community. Smyrna Park was identified as the highest priority due to community demand, need for improvement, and meeting the goals of the grant requirements for competitive success. Smyrna Park was identified as the highest priority based on:

ITEM 17
• High usage from the community year round
• Located centrally in the City
• Aging facility within the p ark has created barriers for accessibility, security and overall cleanliness
• High volume of vandalism and graffiti which causes blight , security concerns and increase maintenance cost
• The park has many amen ities but are not useable due to safety or maintenance :
softball fields, skate park, rose garden, playground, horseshoe pits, volleyball courts, covered picnic areas, and open grass fields
• High demand for more covered picnic areas
• Lack of pathways around the park inhibits access for users In collaboration with different C ity departments and Ceres Unified School District, staff prepared and submitted the grant application prior to the February 1, 2022, deadline.

III. REASONS FOR RECOMMENDATION:

In March 2022, Caltrans announced they received 329 applications requesting a total of $758 million in grant funds. Of the total grant applications received, 105 projects (or 30%) of the applications were awarded grant funds. City of Ceres was among the applications awarded for the Smyrna Park improvements. The total project cost is $3,283,041 with grant funds of $2,872,661 and local matching funds of $ 410,380 (from Park Facility Fee and American Rescue Plan Act [ARPA]).

These grant funds will provide transformative changes to a dated, over 50+ year old park that is highly used by the community, youth sports group, school/students and City sponsored events. The demand for recreation, community events, and family gatherings have exceeded the capacity of the park’s facilities, adding strain on the City’s maintenance staff as well as the community needs. Rental areas are booked 100% during spring/summer and the weekends and 70% during the fall/winter months. Daily litter, graffiti removal, lack of pathways, pavement deterioration and "band-aid" solutions are a constant reminder that resources are limited.

The proposed improvements will enhance the park's amenities and improve the space to support the community’s needs, reduce blight by replacing outdated features and beautify the space with community artwork. Solicited artwork from the community/local high school students will build confidence, pride and community unity as well as provide an outlet for self-expression and investment with our younger population.

The City reached out to the Ceres Unified School District an d Argus High School ’s a rt program was interested in being involved with the p roject. As part of the grant funds, the high school students and teacher(s) will be involved with providing art murals at the skate park.

This grant will fund improvements that will recreate and enhance areas to increase safety for park users, more community gathering space, and provide users better access and view of the park's amenities. Key enhancements include:
• Increased pathways to/and within the park including traffic crossing improvements at intersections for students/pedestrians
ITEM 17
• Increased covered and shade areas for event gatherings • Installation of shade trees and bio swale areas (capture rainfall) • Additional receptacle bins
• Replacement of chain link fence with new architectural fence • Safety lighting and security features
• Community base art will be installed in several key locations throughout the park (murals will be installed along the skate park ’s concrete structure from Ceres High School students)
• An art program will be developed and implemented to solicit local artwork that can be changed throughout the park every 1-2 years
Without this grant fund, Smyrna Park would struggle to see any future improvements to the amenities that would significantly improve access, mobility, safety and overall services to support community gatherings for recreation and events. Current maintenance efforts and needed improvements to outdated systems and daily vandalism are difficult to maintain due to limited local resources. This grant fund would provide transformative changes to a public space that would enhance the quality of life of all ages in the community.

IV
. FISCAL IMPACTS:

A
pproval of this recommendation will allow the Engineering Department to initiate the state agreement to deliver the Smyrna Park improvements.

The total Project cost is $3,283,041 with grant funds of $2,872,661 and local matching funds of $410,380 (from the second installment of ARPA funds). Funds, in the amount of $2.1 million, from the second installment of ARPA funds have already been allocated to balance the FY 2022/23 budget and for Council approved premium pay for eligible employees. Staff will present prospective projects for the remaining ARPA funds of $3.3 million at a later council meeting.

V. RECOMMENDED ACTION:

A
ccept grant award and state agreement to complete Smyrna Park improvements by June 30, 2024.

A
pproved by: ______________________________
Alex Terrazas, City Manager
A
ttachments:

1. Resolution

2. Conceptual Design of Smyrna Park
ITEM 17
ITEM 17
RESOLUTION NO. 2022-98

AUTHORIZING ACCEPTANCE OF THE CLEAN CALIFORNIA LOCAL GRANT

PROGRAM AWARDED TO IMPROVE SMYRNA PARK
T
he City Council
City of Ceres
W
HEREAS, the Clean California Local Grant Program has awarded grant funds for improvements to Smyrna Park; and
W
HEREAS, the Smyrna Park project meets the grant goals for: litter and graffiti abatement, greening and the use of native drought tolerant plantings, improving access to public space, public engagement in project development, and projects in underserved communities; and
W
HEREAS, the grant award is $2,872,661 with a local match of $410,380 totaling the project cost at $3,283,041 is in the FY 2022/23 budget; and W
HEREAS, Smyrna Park project improvements must be completed by June 30, 2024 to meet the grant requirements.

N
OW, THEREFORE BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize acceptance of the Clean California Local Grant Program awarded to improve Smyrna Park.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th 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 17
ITEM 17
ITEM 17
ITEM 17
ITEM 17
ITEM 17

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 25, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (209) 538-5717

SUBJECT: Resolution No. 2022-99, Authorizing the City Manager to A pprove the Use of ARP A Funds for M aintenance Operations, Staffing, Equipment and Improvements of the River Bluff Regional Park Lower Terrace

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approves the use of $200,000.00 ARPA funds for maintenance operations, staffing for a one- year period, and park improvements to include gate access, equipment supports, and signage of the River Bluff Regional Park Lower Terrace.

I. BACKGROUND:

In 2018, the State of California Natural Resources Agency approved grant funding to the City of Ceres for a project to convert approximately 17 acres of a retired orchard to a stormwater basin, including restoration, a multi-use trail and a non-motorized kayak ramp as part of the Tuolumne River Parkway. A contract was awarded to Hanford Applied Restoration and the contractor completed the work required in April 2020. In June 2020 another contract was awarded to Sierra Mountain Construction to install a kayak ramp into the river, which was completed in 2021; thus, completing the Lower Terrace project . The City of Ceres has not been able to open the Lower Terrace to residents due to landscap e improvements of new shrubs and tree planting monitoring period, and growth establishment throughout the park. Now that landscaping has matured, staff is needed in order to provide proper maintenance and monitoring of park activities.

II. REASONS FOR RECOMMENDATION:

Staff recommends City Council approve the use of ARPA funds in the amount of $200,000.00 for staffing, maintenance operations, equipment, and improvement costs of the park. This cost would include one (1) full -time staff for weekday park maintenance as well as two (2) part -time staff to monitor weekend activities. The requested amount for ITEM 18
staffing and operation cost is sufficient to cover a one (1) year period. It also includes park improvements, installing gate access for the lower terrace, equipment support, and signage.

III. FISCAL IMPACTS:

Staff requests the use of ARPA funds from the remaining balance of the first installment totaling $200,000.00 to include the following: $150,000.00 for staffing & operation for one (1) year, and $50,000.00 for park improvements to include equipment support, signage and gate access.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Ensure 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. POLICY ALTERNATIVES:

Council can decide not to approve the request and keep the Lower Terrace of River Bluff Park closed, continuing to restrict the use of the park for residents. However, the longer the park is closed and residents become aware, the more likely it is they will begin entering illegally.

VI. STEPS FOLLOWING APPROVAL:

Upon approval from Council, the Director of Finance will make the appropriate accounting entries and staff may proceed with the hiring of staff, installation of a security system, operations and other park improvements.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

ITEM 18
RESOLUTION NO. 2022-99

AUTHORIZING THE CITY MANAGER TO APPROVE THE USE OF

ARPA FUNDS FOR MAINTENANCE OPERATIONS, STAFFING,

EQUIPMENT AND IMPROVEMENTS OF THE RIVER BLUFF

REGIONAL PARK LOWER TERRACE

THE CITY COUNCIL
City of Ceres

WHEREAS, in 2018 the St ate of California Natural Resources Agency approved grant funding to the City of Ceres to convert a retired orchard to a stormwater basin, including restoration, a multi -use trail and a non-motorized kayak ramp as part of the Tuolumne River Parkway; and

WHEREAS, a contract was awarded and work was completed by Hanford Applied Restoration in April 2020; and

WHEREAS, the next phase of the project was contracted to Sierra Mountain Construction to install a kayak ramp and was completed in 2021 thus completing the project in its entirety; and

WHEREAS, the City had not been able to utilize this portion of the park after the planting of new landscaping and now requires staffing, equipment, and other improvements; and

WHEREAS, staff request the use of ARPA funds from the remaining balance of the first installment in the amount of $200,000.00 for maintenance operations, staffing, equipment support, and other park improvements in order to open the park to residents and provide the necessary maintenance and operation.

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to approve the use of ARPA funds for maintenance operations, staffing, equipment, and improvements off the River Bluff Regional Park Lower Terrace.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th 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 18
ITEM 18