AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, August 8, 2022 – 6:00 p.m.
Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez
ROLL CALL
Mayor Javier Lopez
Vice Mayor Bret Silveira (District 3)
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.
Click this link to join the webinar:
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AGENDA
Regular City Council Meeting
August 8, 2022
INVOCATION
Invocation by Pastor Tim Giannosa, Big Valley Grace Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.
PRESENTATIONS
A. Agent Orange Awareness Day Proclamation
B. StanRTA Comprehensive Operational Analysis
C. State Route 99 and Service Rd./Mitchell Rd. Interchange
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
D. Measure “H” Citizens’ Oversight Committee Appointments
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 Councilmember 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 August 8, 2022 City Council meeting was posted on Wednesday, August 3, 2022. (City Clerk)
2. Waive Readings. All r eadings of o rdinances and resolutions are waived. (Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)
3. Approval of Minutes
a. Minutes of July 25, 2022 Regular City Council meeting. (City Clerk) AGENDA
Regular City Council Meeting
August 8, 2022
4. Register of Audited Demand(s) Dated July 20, 2022 through July 27, 2022. (Dias)
5. General Correspondence – Information Only
a. Major Project List Report (Waugh/Royal)
6. Resolution No. 2022-100, A pproving a Three-Year Operational Agreement between HAVEN (Healthy Alternatives to Violent Environments) and the Ceres Police Department and Authorizing the City Manager to E xecute the Operational Agreement. (Collins)
7. Resolution No. 2022-101, Approving the Use of American Rescue Plan Act (ARPA) Funds for Audio-Visual Upgrades to the Council Chambers and Authorizing a Budget Amendment. (City Clerk)
8. Resolution No. 2022 -102, Authorizing the City Manager to Execute a Project Agreement to McCain Inc., for the Transparity Implementation Plan for the Engineering Services Department Traffic Management System. (Waugh)
9. Resolution No. 2022 -103, Authorizing the City Manager to A pprove a Purchase Order with Coastline Equipment for a Used 2019 Crane Truck Replacement Vehicle for the Wastewater Division and A pproving a Budget Amendment to A ppropriate Funds. (Royal)
10. Resolution No. 2022 -104, Approving an Agreement for the Exchange of Real Property and Joint Escrow Instruction with Parson Properties, LLC and Authorizing the City Manager to Execute the Agreement. (City Attorney)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
PUBLIC HEARING
NEW BUSINESS
DISCUSSION ITEMS
COUNCILMEMBER REFERRALS
Councilmembers 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 Councilmembers or City Staff will make an announcement, or report briefly on his or her activities.
• Mayor
AGENDA
Regular City Council Meeting
August 8, 2022
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor
CLOSED SESSION
11. Public Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Attorney
12. Conference with Legal Counsel – Existing Litigation , Cal. Gov’t Code §54956.9(d)(1)
Name of Case: City of Ceres vs. Erasmo and Maria Pena, Stanislaus County Superior Court Case CV-22-000383
3109 Vickinell Place, Ceres, California, Stanislaus County Assessor's Parcel Number 053-046-024
2609 10th Street, Ceres, California, Stanislaus County
Assessor's Parcel Number 127-051-027
2617 10th Street, Ceres, California, Stanislaus County
Assessor’s Parcel Number 127-051-026
1953 Hollister Street, Ceres, California, Stanislaus County Assessor’s Parcel Number 127-002-034
REPORT FROM CLOSED SESSION
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on August 22, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA
AFFIDAVIT OF POSTING
I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, August 3, 2022, at the following locations in Ceres:
• Community Center Display Case – 2701 Fourth Street
• City Hall Display Case – 2720 2
nd Street
• City Hall Display Case – 2220 Magnolia Street
__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk
AGENDA
Regular City Council Meeting
August 8, 2022
Council Agenda:
The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us
and posted at the time and places noted above.
Related Materials:
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2720 Second Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538- 5731.
Notice regarding Americans with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II)
IN RECOGNITION OF
AGENT ORANGE AWARENESS DAY
AUGUST 10, 2022
WHEREAS, August 10th of each year is an annual observation meant to raise awareness of the effects of Agent Orange; and
WHEREAS, Agent Orange was an herbicide containing dioxin that was used by the U.S. military during the Vietnam War to contain vegetation; and WHEREAS, dioxin is a highly toxic organic pollutant linked to numerous l ife threatening health conditions; and
WHEREAS, Agent Orange is responsible for a wide range of adverse e ffects in Vietnam veterans; and
WHEREAS, it has impacted the lives of thousands of V ietnam veterans and their families ; and
WHEREAS, the City of Ceres commends all veterans for their s acrifice and service to this great nation.
NOW THEREFORE , I, Javier Lopez, M ayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey and Mike Kline, do hereby recognize August 10, 2022 as AGENT ORANGE AWARENESS DAY in the City of Ceres and call upon the citizens of Ceres to joi n in the recognition of Vietnam veterans on this significant day.
Proclaimed this 8th day of August, 2022
___________________________
Javier Lopez, Mayor
ITEM A
ITEM A
The S Vision 2032
Stanislaus Regional Transit Authority
July 26, 2022
ITEM B
• Integrate old StaRT and MAX routes into a cohesive network • Increase ridership on fixed-routes
• Equitable distribution of service hours in urban and rural areas • Ensure equitable service to low-income and minority
communities
• Right size the service provided in marginal areas
• Effective use of Demand Response service options
• Maintain a safety net for paratransit users
Ride The S
Service Goals and Priorities
The S Vision 2032 Project Goals
ITEM B
Current System
ITEM B
Introductions
Ride The S
Community Outreach: 22
engagements with
community and local
government
Developed Proposed
Alternatives: Based on first
round of outreach and
background data, developed
preliminary system service
recommendations
Service Guidelines:
Established quantifiable,
consistent measures to
evaluate service
effectiveness
Onboard and Online
Surveys: Documented rider
demographics, needs, and
concerns as well as
community opinions on
transit
Existing Conditions Report:
Produced from planning
documents, operations data,
and demographics
Regional Traffic Flow:
Documented through
Streetlight cellular/traffic
survey
Project Recap
Project Milestones to Date
ITEM B
Ride The S
Restructure Unproductive or Poorly Timed Routes
Expand Service to Under-Served A reas
Develop a Transit Hub in Ceres and SW Modesto
Increase Service Frequency and Days of Operation
Add Bus Stops in Several Communities
Add Bus Shelters and Amenities
Project Recap
Early Community Feedback
ITEM B
• Introduce Sunday Service on All Routes
• Establish Service Frequency to 15, 30, and
60-minute Headways
• Add three New Routes, eliminate Non-
performing Routes
• Improve Connectivity with Turlock Transit
• Pilot weekend BART Commuter Service
Overall Service Schedule Deep Dive
Proposed System Alternatives
ITEM B
Proposed System
ITEM B
Introductions
• Direct Access to Modesto Transit Center
• Better Connectivity with Routes Throughout
the System
• Connect to the Community Services Agency
• Increase Service Days and Frequency
• Serve More Residential Areas
Ride The S
Proposed Improvements
Ceres Area Opportunities
ITEM B
Ride The S
Route 29
Ride The S
About the Route
Opportunities
• Productivity ranks 9 of 18 in passengers per revenue hour • The two one-way lo ops can be confusing for riders and make travel indirect • Restructure service in Ceres to eliminate one-way loops, make service easier to understand, and reduce duplication of service
• The transfer location at the intersection of Herndon Avenue/Hatch Road is not ideal
at this time and could be moved to another location
• Provide better residential connection to the new Ceres Walmart Proposed Changes
• Where it goes: Route would travel between Modesto Transit Center and Ceres Walm
art, via Howard Prep. Service west of Hwy 99 would be on a new Route 42.
Some stops in the Bret Harte neighborhood would no longer be served and may require riders to walk up to 0.35 mile to access service. • How often it runs: Improve to 30 mins all day
ITEM B
Ride The S
Route 29 Proposed
ITEM B
Ride The S
Route 36
Ride The S
About the Route
Opportunities
• Productivity ranks 14 of 18 in passengers per revenue hour • Parkway Plaza a key destination
• Routes 26, 33, and 36 provide duplicative service on Carpenter Road • Restructure routes 26, 33, and 36 to reduce duplication • Align routes to better serve local travel patterns in Southwest Modesto • Provide a new cross-town ro ute between Southwest Modesto and Ceres with strong anchors at both ends
Proposed Changes
• Where it goes: No change between the Modesto Transit Center and Carpenter Road.
Route would then travel south to Hatch Road to Mitchell Road in Ceres. It would travel along Mitchell Road terminating at the Walmart in Ceres.
ITEM B
Ride The S
Route 36 Proposed
ITEM B
Ride The S
Route 42
Ride The S
About the Route
Opportunities
• Productivity ranks 5 of 18 in passengers per revenue hour • High level of reliability
• A series of one-way loops make the route confusing and indirect. • Restructure service in Ceres to eliminate one-way loops, make service easier to understand, and reduce duplication of service
• The transfer location at the intersection of Herndon Ave/Hatch Rd is not ideal at this tim
e and could be moved to another location
Proposed Changes
• Where it goes: Route would be the same northbound and southbound serving the Bre
t Harte neighborhood in both directions. Existing Route 29 riders may need to walk up to 0.35 mile to access service on Route 42. • How often it runs: Remains every 30 Minutes
ITEM B
Ride The S
Route 42 Proposed
ITEM B
Ride The S
Route 44
Ride The S
About the Route
Opportunities
• Productivity ranks 18 of 18 in passengers per revenue hour. • Operates hourly, weekdays only
• The transfer location at Herndon Ave/Hatch Rd intersection is not ideal for bus operations • The deviations off of Hatch Road onto Glasgow Drive and Calcagno Street are confusing for cust
omers
• Expand bus service in Ceres to 7-days a week
• Connects residential areas in Ceres with the new Walmart Proposed Changes
• Where it goes: Route would serve the south side of Ceres between the CSA in Modesto, down
town Ceres, and the Ceres Walmart. Connections to Mitchell Road or Hatch Road would be made at Walmart by transferring to the proposed Route 36. Connections to downtown Modesto would be made on the proposed 29 in Downtown Ceres. • When it runs: Add Saturday and Sunday Service
ITEM B
Ride The S
Route 44 Proposed
ITEM B
Introductions
• Conducted Focus Groups in the Spaghetti Bowl Area to
Better Understand Service Needs
• Held Briefings with Local Government Staff
• Presented the Project at Select MAC Meetings
• Threw Pop-up events at the Modesto TC and Vintage
Faire Mall Transit Hub
• Community Outreach Meetings Throughout County
• Staffed an Outreach Booth at the Stanislaus County Fair Ride The S
July Outreach Activities
Phase 2 Community Feedback
ITEM B
Introductions
Accepting Community Feedback Through August 15th
Review the Proposed changes at:
https://www.stanrta.org/506/The-S-Vision-2032
Submit Comments at:
https://www.stanrta.org/146/Submit-a-Comment
Ride The S
Final Plan
There’s Still Time to Get Involved
ITEM B
Ride The S
Timeline
• Alternatives
• Outreach
Meetings
• Pop-up
Events
July
• Review
Alternatives
• Board
Presentation
August
• Begin Work
on Selected
Option
• Continue
Outreach
September
• Route Design
Continues
• Bus Stop
Improvements
• Microtransit
Alternatives
Developed
October
• Route Materials
Ordered
• Meet with local
agencies about
new/changed
routes
• Begin testing
Routes
November
• Focused Public
Outreach on
New Routes
• Driver training
on new routes
• Jan. 1 Launch
December
ITEM B
Questions
Discussion
ITEM B
SR-99 and Service
Rd/Mitchell Rd
Interchange
Project Status
August 8, 2022
City of Ceres
Engineering Services
ITEM C
Enhance a key gateway in the Stanislaus
C
ounty
SR-99 is part of th e Strategic Highway
Network, critical for the Department of
Defense’s emergency mobilization and
movement of military operations & support.
SR-99 and Service Rd/Mitchell Rd Interchange
Project Goals:
Improve regional mobility by better access to and from SR-99. Improve local traffic circulation and traffic safety due to p
lanned growth on Mitchell and Service Roads.
SR-99 is part of the Intermodal Corridor of Economic
Sig
nificance - reliability of freight movement is essential to State’s economy.
ITEM C
SR-99 and Service Rd/Mitchell Rd Interchange
Project Scope includes:
New interchange constructed at Service Road.
Existing Mitchell Road Interchange will be modified to a partial interchange. Local street improvements will be included as part of the project.
ITEM C
SR-99 Service Rd/Mitchell Rd Interchange
Funding Sources include:
MEASURE L REGIONAL FUNDS
SB1/FED GRANTS
DEVELOPMENT IMPACT FEES
STATE & FEDERAL GRANTS
ITEM C
Project Milestones
NV5 is the current design consultant, O riginal contract in 2006 was to complete Project Approval/Environmental Document (PAED).
Environmental document completed and Caltrans approved the Project Report on Dec
ember 14, 2018 – Refer to Resolution 2018-065.
NV5 was approved to start 65% PS&E, this was completed June 2020 – Refer to Resolution 2019-10.
In February 2021, NV5 was approved to start 95% PS&E. Completion is planned for ear
ly 2023 – Refer to Resolution 2021-11.
Upcoming
Right of Way services and acquisition will initiate in Fall 2022. Com pletion is planned for early 2025.
100% PS&E is anticipated to be completed Fall 2025
Construction of project is planned for Summer 2026 (28-32 m onths) SR-99 and Service Rd/Mitchell Rd Interchange
ITEM C
Project Concerns/Additional Costs
1. In June 2020, Union Pacific Railroad (UPRR) expressed concern with the bridge construction over t
heir tracks which will disrupt their train operations if construction exceeds 2 hours. They prefer a “pre-cast” bridge which can be constructed quicker. The original design is a “cast-in-place” which was reviewed/approved by UPRR in 2017. UPRR’s decision is expected in Sept/Oct 2022 after their review of the 95% PS&E submitted on July 15, 2022. Change to a “pre-cast” bridge, will cause the following:
A Re- design from a “cast-in-place” to a “pre-cast” bridge may take the PS&E design back to a 50% level.
Additional funding w ill be needed to generate new plans with new structural design and review.
The cost effort has not been reviewed and not known.
The Final PS&E completion would be delayed due to the re- design and also review time required from Caltrans and UPR.
2. Changes in Caltrans design guidelines have triggered additional structural calculations and traffic m
anagement plan of lane closures. Subsurface potholing are needed on the local roadway to finalize the 95% PS&E, this line item was inadvertently omitted in the proposal by the NV5 proposal team.
3. Developer improvements in the project area may be in conflict with the Interchange current design (
more driveways than planned, added Traffic Signal). Further coordination is required. This may trigger revisions to the plans, additional traffic analysis and environmental reports resulting in additional costs needed for the PS&E development. This decision will be based on a Caltrans meeting planned for September/October 2022.
SR-99 and Service Rd/Mitchell Rd Interchange
ITEM C
Project Funding
The below table shows funding programmed and needs for the various phases. Current funding shows PAED, PS&E and ROW phases are fully funded, based on current information.
Design changes to a “pre-cast” bridge will require additional funds to be programmed in the PS&E phase.
Construction Phase funding will rely heavily on pursuing State and Federal grants.
SR-99 and Service Rd/Mitchell Rd Interchange
PHASE MEASURE L
REGIONAL
SB1/FED LOCAL NEED TOTAL
PAED 1,830,000 1,830,000
PS&E 6,589,000 266,500 2,419,000 9,274,500
ROW 11,000,000 100,000 11,100,000
CONSTRUCTION** 13,157,850 176,332,000 189,489,850
TOTAL $30,746,850 $366,500 $4,249,000 $176,332,000 $211,694,350 **Construction Estimate is based on estimated 2025 dollars ITEM C
Next Steps
Design Contract Amendment for future Council consideration in Aug 2022. This A
mendment is approximately $400,000 to address the needed design changes. Design contract amendment for Counc il consideration in Oct/Nov 2022 based on Caltrans review of Interchange Plan changes. The Amendment amount is currently unknown but estimated at approximately $650,000.
Meet with UPRR in S ept/Oct 2022 regarding their concerns of bridge construction over their tracks and if design changes will be required.
Procurement of Right of Way acquisition process will initiate with contract award anti
cipated for Fall 2022.
SR-99 and Service Rd/Mitchell Rd Interchange
ITEM C
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: August 8, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Alex Terrazas, City Manager
[email protected], (209) 538-5751
SUBJECT:
Measure “H” Citizens’ Oversight Committee Appointments
RECOMMENDED COUNCIL ACTION:
Council concurrence with Mayor Lopez’s recommendation for three Measure “H” Citizens’ Oversight Committee vacancies, serving three-year terms that expired on June 30, 2022.
I. BACKGROUND:
The Measure “H” Citizens’ Oversight Committee has three vacancies , all of which are three-year terms that expired on June 30, 2022. Interviews will be conducted on Monday, August 8, 2022 prior to the City Council meeting. Mayor Lopez and Vice Mayor Silveira will conduct the interviews. A recommendation will be made to Council for the three Measure “H” Citizens’ Oversight Committee vacancies at the August 8, 2022 City Council meeting. The following applicants will be interviewed:
• Sopheap Dong-Carreon
• Joseph Jenkins
• John Osgood III
• Cerina Otero
• Vincent Truffa
II. REASONS FOR RECOMMENDATION:
The Ceres Municipal Code specifies the members of the Measure “H” Citizens’ Oversight Committee shall be appointed by the Mayor with the approval of City Council.
III. FISCAL IMPACTS:
There are no fiscal impacts associated with the appointments.
ITEM D
IV. STEPS FOLLOWING APPROVAL:
These appointments will be effective August 9, 2022 and will expire June 30, 2025 . All applicants that are appointed shall comply with the following ( within 30 days of appointment):
• F ile a Statement of Economic Interest
• C omply with AB 1234 – Ethics Code
Approved by: ______________________________
Alex Terrazas, City Manager
ITEM D
DRAFT MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in person)
City Council Chambers, 2701 Fourth Street
Monday, July 25, 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 25, 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) and Mike Kline (District 4) Note: District 2 - Vacant
District 1
Councilmember
Casey
District 2
Vacant
District 4
Councilmember
Kline
District 3
Vice Mayor
Silveira
Mayor Lopez
Present -- Present Present Present
INVOCATION
Provided by Pastor Jim Stochl, Harvest Presbyterian Church.
PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
N
one
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 25, 2022
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
K
aren Cox spoke regarding Ochoa Park.
Gene Yeakley spoke regarding those who have pulled and filed nomination papers as well as the sign ordinance.
APPOINTMENTS TO BOARDS/COMMISSIONS
A. I
nterview Process for Appointments to the Measure “H” Citizens’ Oversight Committee. (Terrazas)
City Manager, Terrazas, presented the staff report.
Mayor Lopez, with Council consensus, appointed Vice Mayor Silveira to serve on the committee to interview the Measure “H” Citizens’ Oversight Committee applicants.
CONFLICT OF INTEREST DECLARATION
N
o Council conflicts were declared.
CONSENT CALENDAR
C
onsent Calendar items 6 – 7 were removed by Councilmember Casey.
Consent Calendar item 12 was removed by Ceres resident, John Warren.
Consent Calendar item 14 was removed by Councilmember Kline.
Action: M
otion by Councilmember Kline , seconded by
Councilmember Casey, approving items 1 – 2, 4 – 5, 8 – 11, and 13. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
Action: M otion by Councilmember Kline , seconded by
Councilmember Casey, approving item 3. Motion carried 3/0/1 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Abstain Yes Yes
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
July 25, 2022
1. Clerks Report of Posting. The agenda of the July 25, 2022 City Council meeting was posted on Thursday, July 21, 2022. (City Clerk)
2. Waive Readings. All readings of ordinances and resolutions are waived. (Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)
3. Approval of Minutes
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)
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. Removed for separate consideration.
7. Removed for separate consideration.
8. Resolution No. 2022 -89, Authorizing the Acceptance of Awarded CalRecycle Grants and Payment Programs and Fiscal Year 2022/23 Budget Amendment to Appropriate Funds. (Royal)
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. (Royal)
10. 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. (Royal)
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 Fiscal Year 2022/23 Budget Amendment to Appropriate Funds. (Royal)
12. Removed for separate consideration.
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. (City Clerk)
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
July 25, 2022
14. Removed for separate consideration.
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
C
onsent Calendar items 6 and 7 were handled concurrently.
Item
6: Removed for separate consideration by Councilmember Casey
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). (Waugh)
Councilmember Casey inquired as to whether the Community Facilities Districts included landscape and lighting, the average increase per property and the total amount collected for the Community Facilities District.
Engineering Director, Kevin Waugh, spoke regarding the landscape and lighting not being included in Community Facilities District fees and the increase based on the Consumer Price Index of 1.722%.
Finance Director, Leticia Dias, spoke regarding the total amount collected for the Community Facilities District.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren spoke regarding the addition of Mello-Roos to the title of the item.
Mayor Lopez closed public comment.
Action: M
otion by Councilmember Casey, seconded by
Councilmember Kline, approving item 6. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
Item 7
: Removed for separate consideration by Councilmember Casey
Resolution No. 202 2-88, 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). (Waugh)
Action: M
otion by Councilmember Casey, seconded by
Councilmember Kline, approving item 7. Motion carried 4/0/0 by the following roll call vote:
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
July 25, 2022
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
Item 12 : Removed for separate consideration by Ceres resident, John Warren
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. (Royal)
John Warren spoke regarding the approval of ARPA funds for the purchase of an autonomous line striper.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Council and staff discussion included tabling this item until the next meeting and the purchase of two autonomous line stripers within the allocated budget.
Action: M
otion by Vice Mayor Silveira , seconded by Councilmember Kline, approving item 12. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
Item 14 : Removed for separate consideration by Councilmember Kline
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. (Dias)
Councilmember Kline spoke regarding staff developing a list of cost and feasibility for renovations at the property.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren spoke regarding whether the property would be a City island within the County.
Mayor Lopez closed public comment.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
July 25, 2022
Action: Motion by Vice Mayor Silveira, seconded by Mayor Lopez , approving item 14. Motion carried 3/1/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes
UNFINISHED BUSINESS
15. R
esolution 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 E quipment Purchases. (Collins)
Police Chief, Rick Collins, presented the staff report.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren spoke regarding the 5% pay differential for the Lieutenant assigned to supervise the Code Enforcement unit.
Gene Yeakley inquired as to the number of duties of the Lieutenant overseeing the Code Enforcement unit and the VIPS program.
Police Chief, Rick Collins, spoke regarding the number of duties the Lieutenant overseeing the Code Enforcement unit will have multiple duties as well as the VIPS program.
Paula Redfern spoke regarding the need for a Code Enforcement supervisor to oversee the Code Enforcement unit.
Mayor Lopez closed public comment.
Council and staff discussion included the work schedule and work plan, thanking Police Department staff, attending the League of California Cities Code Enforcement workshop, and how to continue funding going forward.
Action: M
otion by Councilmember Kline , seconded by Mayor Lopez , approving item 15. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
July 25, 2022
PUBLIC HEARING
N
one
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)
Engineering Director, Kevin Waugh, presented the staff report.
Mayor Lopez asked for public comment. The following members of the public spoke:
Mark Cox spoke regarding shade, trees, benches, and parking at Ochoa Park.
Rosalinda Vierra spoke regarding electricity being available for security cameras.
John Warren spoke regarding the ability to water the grass, funding, maintaining and completing future park projects and the funding sources for this project.
Mayor Lopez closed public comment.
Council and staff discussion included project contingency, project and design timeline, redesign the project including all phases, consider the use of ARPA funds (second round), the purpose of a design consultant, irrigation system, community involvement with design features, authorizing staff to proceed with design and bring the construction component before Council for consideration, and increased cost related to the project.
Action: M
otion by Vice Mayor Silveira, seconded by Mayor Lopez , approving item 16. Motion failed 2/2/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
No No Yes Yes
Action: M otion by Mayor Lopez to move forward with design, installation of grass, and for staff to bring the details of construction before Council for consideration at a future meeting. Motion failed due to lack of a second.
17. R
esolution No. 2022 -98, Authorizing Acceptance of the Clean California Local Grant Program Awarded to Improve Smyrna Park. (Waugh)
Engineering Director, Kevin Waugh, presented the staff report.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
July 25, 2022
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren spoke regarding whether cameras would be placed at Smyrna Park and funding.
Mayor closed public comment.
Council and staff discussion included when grant funds would be available, when the second round of ARPA funds would be available and when the project will commence.
Action: M
otion by Councilmember Kline , seconded by Vice Mayor
Silveira, approving item 17. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
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. (Royal)
Interim Public Works Director, Sam Royal, presented the staff report.
Mayor Lopez asked for public comment. The following members of the public spoke:
Paula Redfern spoke regarding future funding for staff and using the funds elsewhere.
Mayor Lopez closed public comment.
Council and staff discussion included the approval of funds for the item , allocating the ARPA funds for this project to Ochoa Park and the fund balance for the Neighborhood Park Fees.
Action: M
otion by Vice Mayor Silveira, seconded by Mayor Lopez , approving item 18. Motion carried 3/1/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes No Yes Yes
DISCUSSION ITEMS
N
one
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
July 25, 2022
COUNCILMEMBER REFERRALS
N
one
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 staff involvement with Concert in the Park.
Vice Mayor Silveira spoke regarding food and beverage vendors with Concert in the Park and looking forward to the 2023 season.
Councilmember Casey spoke regarding a fire at Ro eding Rd. and Mitchell Rd. and complimented PMZ Real Estate for discing the adjoining property.
• City Manager
Nothing to report.
• Departments
Police Chief, Rick Collins, spoke regarding National Night Out, which is Tuesday, August 2
nd at Whitmore Park from 5:00 p.m. – 8:00 p.m.
Engineering Director, Kevin Waugh, spoke regarding an engineer in the Engineering Department who went above and beyond to assist with an incident that occurred at the Morgan Rd. closure.
• County Supervisor
Field Representative, Russell Fowler, spoke on behalf of County Supervisor, Channce Condit, regarding Concert in the Park and thanked Vice Mayor Silveira for his efforts in leading the series.
CLOSED SESSION
N
one
ADJOURNMENT
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
July 25, 2022
The next regularly scheduled City Council Meeting will be held on August 8, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
There being no further business, Mayor Lopez adjourned the meeting at 8 :11 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.
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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: August 8, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering
[email protected], (209) 538-5617
SUBJECT:
Major Project List Report
RECOMMENDED COUNCIL ACTION:
Information only, no action required.
I. BACKG ROUND:
The purpose of this report is to provide an update to the council and the community regarding projects being managed and inspected by Engineering staff.
Projects addressed in this report include both City and private development projects. City projects include projects in construction and in the design process. Private projects are listed as being in review and construction. The review process entails plan checking and approval.
Staff has continued to track all of our construction projects since 2010 to provide the Council with an overview of project delivery, construction totals and use of contingency.
Year Number of
Projects
Construction
Cost ($)
Average
Contingency
2010/11 8 5.3M 7.00%
2011/12 12 5.6M 5.30%
2012/13 21 6.5M 3.10%
2013/14 20 7.3M 3.20%
2014/15 13 4.1M 3.20%
2015/16 19 10.5M 6%
2016/17 14 5.4M 0%
2017/18 18 10.7M 5.20%
ITEM 5a
2018/19 9 9.2M 2.60%
2019/20 11 8.4M 2.60%
2020/21 11 8.0M 2.90%
2021/22 4 1.6M 3.40%
AVERAGE 13 6.88M 3.71%
The Chart above shows the average cost of construction contracts that were accepted as complete since 2010/2011. Over the last 5 years, contingency use has decreased due to efficient planning and construction oversight. With the economic inflation, supply chain and labor shortages have been observed. Material cost s alone have risen at a rate of approximately 1% per month since 2019.
Over the past decade, over $74 million dollars in projects have been delivered.
City P ro jects in Construction:
1. River Bluff Reservoir & Pump Station (P18 -20) – Construction of 3- million-gallon water reservoir and boost pump station for surface water distribution system. Water source is from Stanislaus Regional Water Project (SRWA). This project is currently under construction (project completion 90%).
2. Traffic Signal at Morgan and Service (P18-014) – Construction of traffic signal at the intersection of Morgan Road and Service Road is complete and ready to be accepted.
3. Morrow Village Phase 1 – The City of Ceres received funding through the Community Development Block Grant (CDBG) to provide public infrastructure for Morrow Village.
The project consists of installing ADA compliant pedestrian sidewalk, driveway ramps, corner ramps, and curb/gutter on Garrison Road from Moffett Road to Rose Avenue.
This project is currently under construction (project completion 95%).
4. School Traffic Safety Improvement – Construction of rapid flashing beacons at the Virginia Parks, Carroll Fowler and Walter White school locations. The project consists of furnishing and installing traffic safety solar units, including rectangular rapid flashing beacon devices, pedestrian push buttons, signage, and mounting poles. This project is currently under construction (project completion 75%).
5. ITS Signal Synchronization Phase III & IV – This project includes city-wide intelligent transportation system. This project is part of the City’s master plan for synchronization of existing traffic signals to the City’s traffic operation center. This project is currently under construction (project completion 95%).
6. Well 16 GAC Chambers – The project consists of furnishing and installing two (2) granular activated carbon (GAC) vessels, all related piping, fittings including chemical feed station to house chlorine tank, nitrate & residual analyzer, chain link fencing, gates and site preparation at Well 16 located in the alley, north of Hatch Road and west of Angie Avenue in Ceres. This project is currently under construction ( project delayed).
7. SRTS Morgan R oad – T he project consists of pedestrian facility and street improvements, including pedestrian refuge islands, crosswalk improvements, curb ramp improvements, sidewalk installation and infill, streetlighting, hot mix asphalt ITEM 5a
pavement overlay, striping, and other infrastructure improvements. This project is currently under construction (project completion 10%).
8. Fire Training Facility Phase 2 Tactical Tower – The project consists of building the pad and foundation. This project is currently out to bid.
9. Whitmore Storm Lift Station – The project consists of removing the existing slab and hatch, constructing a reinforced concrete slab cover, and installing a traffic rated access hatch. This is an urgent project for health and safety reasons. This project is currently under construction (95% complete).
City P
rojects in design (currently funded):
1. Morrow Village Phase 2- 5 – The City of Ceres received funding through the Community Development Block Grant (CDBG) to provide public infrastructure for a suitable living environment. The scope of work will include sidewalk improvements to Morrow village Neighborhood.
2. Whitmore Avenue Rehabilitation – Roadway grind and overlay from Crows Landing to Morgan Road. Roadway improvements.
3. Bike Path Extension: Eastgate Boulevard to Faith Home Road – Extend bike path along canal.
4. Morgan Storm Drainage Improvement (French Drain) – This project is to install French drains to accommodate the excess volume of water that causes flooding on Morgan Road.
5. Bike Lane Corridors – Installation of Bike Lane striping and other improvements along Herndon Avenue (Hatch to Central), Eastgate Boulevard (Hatch to Helen Perry), and El Camino Avenue (2nd to Don Pedro).
6. Richland Avenue Sidewalk Replacement – Hatch Road to Phil Way sidewalk replacement and infill.
7. 2022 Pavement Preservation – Local Roadway preservation, roadway improvements funded with measure L revenue.
8. Lucchesi Lane Sewer Rehabilitation – Remove and replace failing sewer main on Lucchesi Lane from Cadillac Drive to Musick Avenue.
9. Smyrna Park Revitalization – Resolution 2022-98 approved the Clean California Local Grant award of $2,872,661 with a local match of $410,380 in the FY 2022/23 budget.
City Projects i
n design (full funding needed):
1. Traffic Calming requests – Department staff will perform traffic safety & calming.
2. 6 th St water extension – Remove and replace existing water main from Caswell Avenue to Whitmore Avenue. Replace house laterals and meters. This project is ITEM 5a
under planning (0% design).
3. Palm Estates Storm Drain Rehab – Remove and replace existing storm drain line from Standford to Pyramid Avenue that is failing. This project is under planning (0% design).
4. Ochoa Park Phase II – Phase II of Ochoa Park, this includes landscaping & irrigation.
5. 2022 Traffic Calming Pilot Program – Pending Council pre- approval, the City will begin project planning and design to install traffic calming measures at Virginia Parks Elementary School and River Park.
6. Whitmore Avenue Median Improvements – From Mitchell Road to Rose Avenue, roadway median improvements and crosswalk installation including striping and signage.
7. Mitchell Road Median Improvements – Garrison Road to Whitmore Avenue, roadway median improvements and crosswalk installation.
8. 2022 4th and El Camino Avenue Storm Drain Culvert – Replacing a failed pipe from 4th Street into SR 99 on/off ramps.
9. Service / Mitchell Road Interchange (NV5) – New overpass crossing highway 99 from east to west connections.
Private Development Projects in Review:
1. Whitmore Ranch Ph I and II – Low and medium residential subdivision development proposed at Whitmore Avenue and Lunar Drive. Project includes 107 housing units in Phase I, 46 units in Phase II, a park with playground structures, and a traffic signal at Whitmore/Boothe Rd. Construction to start in 2023.
2. Quick Quack Car Wash – Proposed car wash development at the new Gateway Center Plaza located at the southwest corner of Service/Mitchell. Construction to start this year in the fall.
3. Hatch & Herndon Backbone Improvements – Project includes backbone infrastructure including water, sewer, and storm systems for the proposed commercial plaza development at t he northeast corner of Hatch/Herndon. Engineering D epartment is plan checking the third submittal. Construction to started July 2022.
4. Raising Canes – Proposed fast-food restaurant located at the n ortheast corner of Hatch/Herndon. Construction to start this year in the fall.
5. Dutch Brothers – Proposed fast-food restaurant located at the northeast corner of Hatch/Herndon. Construction to start this year in the fall.
6. Public Storage – Proposed storage facility located at the n ortheast corner of Hatch/Herndon. Construction to start this year in the fall.
ITEM 5a
7. El Rematito Parcel Map – Subdivision map is 99% ready, need to develop an Improvement Agreement.
8. 2125 Moffett Apartment Complex – Currently in plan checking the first submittal civil plans. Construction schedule is to be determined.
9. Sambella Plaza – Plan checking their third submittal civil plans for the Commercial Subdivision Plaza located at Rohde/Mitchell. Construction schedule is to be determined.
Private Development Projects in Construction:
1. Gateway Center – Commercial development project located at the southwest corner of Mitchell & Service. Project is installing wet and dry utility infrastructure through the site for proposed commercial restaurants (In-n-O ut, Chipotle, Ono Hawaiian Barbeque, Starbucks, Popeyes, hotel, and others to be determined.) This project is at 70% completion. Construction estimated to be completed by the holiday season 2022. Project is at 75% completion.
2. Walmart – Project is open under a Temporary Certificate of Occupancy. Last items include programming video detection cameras for traffic signal, installing damaged fiber, and crosswalk striping. This project is at 98% completion.
3. Olive Villas – Project includes townhouse units located just east of the Moffet t/Hatch Road intersection. This project is at 45% completion.
4. Cambridge Estates – Low density residential subdivision located at Hackett/Morgan.
This project is at 45% completion.
5. Hatch/Herndon – Water Relocation – Water infrastructure to provide City water to the proposed commercial development at Hatch/Herndon. This project is at 4 5% completion.
6. 1064 Premier – This development consists of a commercial building in Morgan Industrial Park; project consists of two parcels. Project is at 90% completion.
7. 1172 Marchy Lane – This development consists of two commercial buildings in Morgan Industrial Park. Project is at 90% completion.
8. Nanik Plaza – Office building mirroring existing on Mitchell R oad. This project is delayed.
9. Tuscany Village – Project includes townhouse units located on Whitmore Ave nue, west of Railroad Avenue. This project is at 45% completion.
10. McDonald’s Remodel ( 1324 Hatch Road) – McDonald’s developer to start reconstructing old existing McDonald’s building sometime this year. This project is scheduled for fall 2022.
ITEM 5a
11. 1209 Marchy NGB Construction – Developer is working on finalizing construction for office and warehouse building construction at 1209 Marchy Lane. Construction is estimated to be completed by this fall. This project is at 80% completion.
12. 4475 Morgan Road Ochoa Truck Parking – Developer is working on finalizing construction. This project is at 80% completion.
13. 1299 Partee Lane Ability Access – Developer is working on finalizing construction.
This project is 95% completion.
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: August 8, 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 -100, Approving a T hree-Year Operational Agreement between HAVEN (Healthy Alternatives to Violent Environments) and the Ceres Police Department and Authorizing the City Manager to Execute the Operational Agreement.
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt the resolution approving a three- year Operational Agreement between HAVEN (Healthy Alternatives to Violent Environments) and the Ceres Police Department and authorizing the City Manager to execute the Operational Agreement.
I. BACKGROUND:
HAVEN provides comprehensive services and support to survivors of domestic violence, sexual assault and human trafficking. Their services include 24/7 trauma response, emergency shelter, safety planning, legal assistance and advocacy, peer counseling and support groups as well as youth and community education programs.
HAVEN is funded through a variety of g rants and there is no cost to use their services or to partner with them.
The Ceres Police Department has been working with HAVEN since 2013 with the mutual goal of providing maximum available assistance for crime victims (sexual assault, domestic violence and human trafficking) who reside in Stanislaus County.
II. REASONS FOR RECOMMENDATION:
Through a partnership with HAVEN, Ceres Police Department Officers are able to refer crime victims to services that would not otherwise be available in a law enforcement setting.
HAVEN staff can be contacted at any time, day or night, to provide a crime victim with counseling, trauma response, emergency shelter, safety planning, crisis intervention, ITEM 6
advocacy, and aid to escape human trafficking. This partnership is invaluable to our Officers.
III. FISCAL IMPACTS:
None
IV. POLICY ALTERNATIVES:
Council could choose to not approve the Operational Agreement between HAVEN and the Ceres Police Department. Our Officers would be unable to refer crime victims to valuable services available from this local organization.
V. STEPS FOLLOWING APPROVAL:
Upon City Council approval the City Manager will execute the Operational Agreement with HAVEN.
Approved by: ______________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution
2. Agreement
3. Certificate of Insurance
ITEM 6
RESOLUTION NO. 2022-100
APPROVING A THREE-YEAR OPERATIONAL AGREEMENT BETWEEN HAVEN (HEALTHY ALTERNATIVES TO VIOLENT ENVIRONMENTS) AND THE CERES
POLICE DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE OPERATIONAL AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the Ceres Police D epartment has been in partnership with HAVEN since 2013; and
WHEREAS, HAVEN provides comprehensive services and support to survivors of domestic violence, sexual assault and human trafficking; and
WHEREAS, HAVEN is an invaluable 24/7 resource to the City ’s Officers for counseling, trauma response, emergency shelter, safety planning, crisis intervention, advocacy and aid to escape human trafficking; and
WHEREAS, the re is no cost incurred to a crime victim or to the C eres Police Department.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ceres does hereby approve a three-year Operational Agreement between HAVEN (Health Alternatives to Violent Environments) and the Ceres Police Department and authori zing the City Manager to execute the Operational Agreement.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8
th day of August 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
ITEM 6
@HAVEN
HEALTHY ALTERNATIVES TO VIOLENT ENVIRONMENTS
OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that HAVEN (AKA Haven Women's Center of Stanislaus) and Ceres Police Department intend to work together toward the mutual goal of providing maximum available assistance for crime victims (Sexual Assault, Domestic Violence, and Human Trafficking) residing in Stanislaus County. Both believe that implementing HAVEN service proposal, as described herein, will further this goal. To this end, each agency agrees to participate in the program as funding allows by coordinating/providing the following services:
HAVEN will coordinate the following services with Ceres Police Department:
. HAVEN staff will be readily available to Ceres Police Department for services through advocacy programs coordinated with a representative from Ceres Police Department.
These representatives will coordinate and develop programs and training between the two agencies.
o Specifically: HAVEN staff and volunteers will be available for training and educational sessions provided by Ceres Police Department and will provide training as requested.
. HAVEN staff and/or volunteers will be available to crime victims (Sexual Assault, Domestic Violence, and Human Trafficking) and their families identified by Ceres Police Department for the crisis intervention, counseling, safety planning, and advocacy. o Specffically: HAVEN staff and/or volunteers will be available 24 hours a day to provide information and referrals to crime victims (Sexual Assault, Domestic Violence, and Human Trafficking) and their families.
. Regularly scheduled meetings (or other methods of communication agreeable to both) will be held quarterly between representatives of HAVEN and Ceres Police Department to discuss strategies, timetables, and implementation of mandated services.
Unless otherwise indicated, this agreement is in effect from 10/01./2022through0913012025.
As authorized representatives of HAVEN (AKA Haven Women's Center of Stanislaus) and
HONORARY BOARD
Yvonne Allen, Co-Founder
Pat Paul, Co-Founder
Kenni Friedman
Marie Gallo
BOARD OF
DIRECTORS
President
Rebeca Baeza
Vice President
Kinisha Campbell
Treasurer
Michelle Matos
Secretary
M. Geri Vargas
Julie Bernardo
Barbara Cummins
Michelle Mendelson
Jennifer Rangel
lmmediate Past President
Jennifer Nielsen
STAFF
Executive Director
May Rico
Ceres Police rtment, we, the undersigned, approve this document.
Richard Collins, Chief of Police
Ceres Police Department
618 13th Street
Modesto, CA 95354
(2O9) 524-4331 office
<2O9) 524-2045 fax
(2O9) 577-5980 crisis
havenstan.org
Tax lD # 94-2499361HAVEN (AKA) Haven Women's Center of Stanislaus #ePZ Date
We've rebranded and during the transition are still operating under the name of Haven Women's Center of Stanislaus for Federal Tax lD purposes ve Director
u\[:$@
ITEM 6
ITEM 6
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
7/29/2022
License # 0E02096
(209) 578-0183 (209) 578-1841
41297
Haven Women's Center of Stanislaus
618 13th Street
Modesto, CA 95354
11991
A 2,000,000
X OPS0070273 2/17/2022 2/17/2023 300,000
5,000
2,000,000
2,000,000
2,000,000
1,000,000A
OPS0070273 2/17/2022 2/17/2023
B
WCC335003A22 4/1/2022 4/1/2023 1,000,000
Y 1,000,000
1,000,000
A Professional Liabili OPS0070273 2/17/2022 Each Claim Made 1,000,000 A Professional Liabili OPS0070273 2/17/2022 2/17/2023 Aggregate 1,000,000 Professional Liability - Claims Made Coverage with Retroactive Date of 02/17/1987.
Certificate Holder is named as Additional Insured on the above General Liability policy per the attached CG2026 0704 endorsement.
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
HAVEWOM-01 JBYNUM
DiBuduo & DeFendis Insurance Brokers, LLC
1560 Cummins Drive, Suite A
Modesto, CA 95358-6406
Scottsdale Insurance Company
National Casualty Company
X
2/17/2023
X
X
X
X X
ITEM 6
City of Ceres
2220 Magnolia Street
Ceres CA 95307
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: August 8, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Re solution No. 2022 -101, Approving the Use of American Rescue Plan Act ( ARPA) Funds for Audio-Visual Upgrades to the Council Chambers and Authorizing a Budget Amendment
RECOMMENDED COUNCIL ACTION:
St
aff recommends the City Council approves the use of ARPA funds for audio visual upgrades to the Council Chambers.
I. BACKGROUND:
On Ma
rch 14, 2022, Council approved Resolution 2022- 15, the expenditure plan for the first installment of ARPA funds. Within that plan a total of $190,000.00 was allocated to the City Clerk’s Office to perform a number of items:
• Digit
ization of City’s Historical Mandated Microfilm = $25,000.00 • Complete Council Chambers Audio and Camera Control Upgrades = $15,000.00 • Remodel Council Dais = $150,000.00
An or
der was recently placed for new microphones at the dais as well as the City Manager and City Attorney’s seats. The total cost for the purchase and installation was $3,663.65 which brought the balance for completing the Council Chambers audio and camera control upgrades from $15,000.00 to $11,336.35.
The C
ity Clerk’s Office does not plan to move forward with the remodel of the council dais ($150,000.00) at this time. However, a number of upgrades still need to be made to the audio-visual equipment within the Council Chambers.
Si
nce the audio- visual upgrades exceed the amount of ARPA funds allocated, staff recommends using a portion of the money set aside for the council dais remodel. The total needed to perform the remaining audio-visual upgrades is $43,463.58. The audio-visual upgrades include:
ITEM 7
•
Monitors at the dais for the Mayor, Councilmembers, City Manager, and City Attorney
• Push to speak notification system
• Speaker system with amplification
• Programming add-ons to wall touch panel
• Web based backup controls
• Installation and labor
Ins
tallation of the above features will assist with a mo re seamless council meeting, eliminate the use of the television monitor currently used in front of the dais, and provide proper backup in the event there is equipment failure.
T
he work will be sole sourced to West Coast Sound and Light as they are the best fit based on their familiarity with the current setup, controls, and previous audio-visual upgrades they performed in the Council Chambers . Per Resolution 2010- 84, sole source purchases “include such items that are unique because of their quality, durability, availability, or fitness for a particular use.”
II. REASONS FOR RECOMMENDATION:
To assist with a more seamless council meeting and provide proper backup in the event there is equipment failure.
III. FISCAL IMPACTS:
The cost associated for the remaining audio-visual upgrades is $43,463.58, which exceeds the allocated amount for such upgrades by $32,127.23.
A budget amendment in the amount of $32 ,127.23 will need to be made, moving funds from CARES Act – Capital Projects ( 219.95.800500) to CARES Act – Communication Equipment (219.63.051500).
IV. POLICY ALTERNATIVES:
Council could choose to not approve the audio-visual upgrades or utilizing funds allocated for the council dais remodel.
V. STEPS FOLLOWING APPROVAL:
Upon City Council approval, the Finance Director will make the appropriate accounting entries.
A
pproved by: __________________________
Alex Terrazas, City Manager
A
ttachments:
1. Attachment 1 – Budget Amendment
2. Attachment 2 – Resolution 2022-15
3. Attachment 3 – Quotes from West Coast Sound & Light
4. Attachment 4 – Sole Source Memo
ITEM 7
RESOLUTION NO. 2022-101
APPROVING THE USE OF AMERICAN RESCUE PLAN ACT (ARPA)
FUNDS FOR AUDIO-VISUAL UPGRADES TO THE COUNCIL
CHAMBERS AND AUTHORIZING A BUDGET AMENDMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, on March 14, 2022, Council approved Resolution 2022- 15, the expenditure plan for the first installment of ARPA funds; and
WHEREAS, within that plan a total of $190,000.00 was allocated to the City Clerk’s Office to perform a number of items; and
WHEREAS, the total allocated included $25,000.00 for digitization of the City’s historical mandated microfilm, $15,000.00 for audio- visual upgrades to the Council Chambers, and $150,000.00 for a remodel of the council dais; and
WHEREAS, an order was recently placed for new microphones, which brought the balance for completing audio-visual upgrades from $15,000.00 to $11,363.35; and
WHEREAS, the City Clerk’s Office does not plan to move forward with the remodel of the council dais; and
WHEREAS, the audio- visual upgrades exc eed the amount of ARPA funds allocated, staff is recommending using a portion of the money set aside for the council dais remodel; and
WHEREAS, the total needed to complete the remaining audio- visual upgrades is $43,463.58; and
WHEREAS, staff is requesting a budget amendment in the amount of $32,127.23 be made, moving the funds from CARES A ct – Capital Projects ( 219.95.800500) to CARES Act – Communication Equipment (219.63.051500); and
WHEREAS, the work will be sole sourced to West Coast Sound and Light.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby approve the use of American Rescue Plan Act (ARPA) funds for audio-visual upgrades to the Council Chambers and authorizes a budget amendment.
BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.
ITEM 7
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of August 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
Attachment 1
Budget Amendment No.
Fiscal Year 2022 - 2023
Reference Resolution No. 2022-101, dated August 8, 2022 authorizing appropriations for the Audio-Visual Upgrades to the Council Chambers as follows:
Appropriations:
Fund Name Fund
No.
Dept.
No.
Object
No.
Appropriation
Amount
ARPA Fund 219 63 051500 $32,127.23
ARPA Fund 219 95 800500 ($32,127.23)
Requested Appropriation $0.00
2022 - 2023 Current Appropriation $5,187,500.00
Total Appropriation $5,187,500.00
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 7
ITEM 7
ITEM 7
Attachment 2
PROPOSED ARPA EXPENDITURES FY 21/22
8. Resolution No. 2022-15, Approving the American Rescue Plan Act (ARPA) Spending Plan. (Dias/Terrazas)
MOTION: Motion by Vice Mayor Silveira , seconded by Council Member Kline, approving Resolution No. 2022-15, Approving the American Rescue Plan Act (ARPA)Spending Plan and Exhibit A. 3/2/0 Motion passes see below by the following roll call vote:
AYES: 3
Council Members: Kline, Silveira, Mayor Lopez
NOES: 2 Council Members: Casey, Ryno
ABSENT: 0 Council Members: None
Council Direction/Consensus below:
1. INFORMATION TECHNOLOGY (IT)
UPGRADE TO AN ENTERPRISE CLASS WIRELESS INFRASTRUCTURE
$55,000
The City’s wireless infrastructure is residential-grade and does not meet the City’s technology needs.
This request would provide necessary funding for technology upgrades. Recurring costs $0 ACTION/DIRECTION: Council Consensus 5/0
2. MOBILE DATE COMPUTERS FOR PATROL CARS
$65,000
The mobile data computers are all past their end of life and need to be replaced. IT has developed a replacement schedule to replace the computers. This funding would allow for complete replacement of the patrol vehicle computers. Recurring costs $0 ACTION/DIRECTION: Council Consensus 5/0
3. CRADLEPOINT WIRELESS CONNECTION FOR PATROL CARS
$75,000
The cradlepoint wireless connection devices all need to be replaced due to the amount of data that is being pushed through the patrol cars. The updated devices will provide the necessary bandwidth to keep up with the technology needs of the Department.
Recurring costs $0
ACTION/DIRECTION: Council Consensus 5/0
ITEM 7
4. PUBLIC SAFETY CAMERAS
$300,000
This would provide funding for cameras and license plate readers to be deployed throughout the City to deter illegal dumping, vandalism and criminal activity . This is a placeholder request. Staff is in the process determining the scope of the project and recurring costs. Recurring costs TBD based on the scope of project
ACTION/DIRECTION: Council Consensus 5/0
5. POLICE BUILDING SECURITY SYSTEM
$250,000
The current security system is over 30 years old. This funding would provide for installation of a new card key system and replace all door locks in and around police building. Recurring costs $1,200/year
ACTION/DIRECTION: Council Consensus 5/0
6. UPGRADE POLICE OFFICERS DUTY GEAR STORAGE ROOM AND CHIEF’S BRIEFING ROOM $40,000
This would provide funding to replace wood shelving, secure area where duty gear is stored and update the Chief’s briefing room. Recurring costs $0
ACTION/DIRECTION: Council Majority 4/1 (Ryno No) Modified to include just the shelving, and removing the Chief’s Briefing Room.
7. CRITICAL INCIDENT RESPONSE VEHICLE
$125,000
The Police Department’s crisis negotiation team is in need of a mobile command post. Incidents require complex negotiations before tactical teams are deployed. The department has the trained personnel to handle these incidents but the Department does not have a mobile command post for critical incident management. It is essential to purchase a mobile command post for negotiators to safely work out of at critical incidents. Recurring costs $1,200/year
ACTION/DIRECTION: Council Consensus 5/0
8. SPEED TRAILERS
$50,000
Speed trailers are necessary to post at various locations throughout the city as a visual deterrent for vehicles driving fast and reckless when staffing does not allow an officer to be assigned to one specific location. This request would provide funding for the purchase of two trailers. Recurring costs $400/year
ACTION/DIRECTION: Council Consensus 5/0 (Kline requested they get three speed trailers instead of two.)
ITEM 7
9. UPGRADE CITY GYM FACILITY
$15,000
The police department’s gym equipment is in need of upgrading. Outdated equipment would be replaced with newer, more reliable equipment with this funding. Recurring costs $0 ACTION/DIRECTION: Council Consensus 5/0
10. MOBILE DEVICES FOR SOCIAL MEDIA PUBLIC OUTREACH $ 7,500 This request provides funds for equipment for the Police Department social media team to take and edit pictures and videos for posting to social media. Currently the social media team is using personal devices.
Recurring costs $0
ACTION/DIRECTION: Council Consensus 5/0
11. ADDITIONAL CODE ENFORCEMENT
$500,000
This funding request will provide funds to add two additional Code Enforcement officers and equipment to the Code Enforcement Unit for two years. Additional funding will be requested from the second installment to fund another two years. Recurring costs $0 ACTION/DIRECTION: Council Majority 3/2 (Casey and Ryno No) Modified to include a comprehensive plan. Discuss further at workshop.
12. CITY CLERK
DIGITIZATION OF CITY’S HISTORICAL MANDATED MICROFILM $ 25,000 Digitization of historical vital records from the City’s filing system is only available on microfilm (agreements, deeds, minutes, ordinances, and resolutions). This also includes the microfilm records from the community development departments (site plans, conditions of approval, permits and zoning maps 1966-1989). Currently the public cannot access these records as the microfilm printer is non- operational. This request would provide funding to digitize public records and make them accessible to the public. Recurring costs $0
ACTION/DIRECTION: Council Consensus 5/0
13. COMPLETE COUNCIL CHAMBERS AUDIO AND CAMERA CONTROL UPGRADES $15,000
Provides funding for upgrades and enhancements to the audio in the chambers and replacement of microphones to adjustable movable microphones at the dais. Recurring costs $10,500/year ACTION/DIRECTION: Council Consensus 5/0
ITEM 7
14. REMODEL COUNCIL DAIS
$150,000
Provides funding for installation of monitors at the dais and a remodel of the dais. Also provides funding for expansion of the staff desks and programming changes to the controls (one at the clerk and one at the dais) for chairperson and new chairs for the dais. Recurring costs $4,500/year
ACTION/DIRECTION: Council Majority 3/2 (Casey and Ryno No)
15. RECREATION
SOUND EQUIPMENT FOR OUTDOOR EVENTS $ 15,000
Provides funding for new sound equipment that will replace aging outdated equipment. Existing sound equipment is run down and not sufficient for future use. Sound equipment is used for concerts in the park, street fair, and all major city holiday events. Recurring costs $500/year
ACTION/DIRECTION: Council Consensus 5/0
16. MEMBERSHIP BASED WORKOUT ROOM AT COMM CENTER
$20,000
This proposed project will allow and encourage more of the public to come into the community center and engage in a healthy lifestyle while at the same time a new programming opportunity for recreation.
It will be a membership based program for the community to sign up for on a monthly basis. The proposed exercise room will include treadmills, ellipticals, spin bikes, assisted lifting machines, stretching area, and some free weights.
Recurring costs $1,000/year
ACTION/DIRECTION: NOT APPROVED 2/3(Kline, Ryno and Silveira No)
17. OCHOA PARK IRRIGATION, SOD, LANDSCAPE INSTALLATION
$400,000
This request provides funds for landscaping, sod and irrigation installation and will create opportunities for increased programming at the park. Recurring costs $ 160,000 ACTION/DIRECTION: Council Majority 3/2 (Kline and Ryno No) Note: City Manager to fully vet the reoccurring cost as part of the budget process.
ITEM 7
18. DON PEDRO/STRAWBERRY/RIVERBLUFF PARK ADDITIONAL TRAIL AND WALKWAYS $75,000
There are currently no walkways that connect through the park. Adding additional walkways throughout the park would encourage more of the community to come out and use them as well as make the park more accessible and walkable. Recurring costs $0
ACTION/DIRECTION: Council Consensus 5/0
19. RIVERBLUFF/ROEDING/STRAWBERRY PARK RESTROOM UPGRADES $250,000
The current restrooms at these parks are dilapidated and need to be updated or replaced. This request would provide funding for the much-needed upgrades. Recurring costs $0 ACTION/DIRECTION: ON HOLD will return as part of the budget process. Note: Staff to check restrooms as River Bluff as they are fairly new
20. ROBOT PAINT STRIPER FOR SOCCER FIELDS
$125,000
Provides funds for purchase of an automated paint striper for the soccer fields.
Recurring costs $1,000/year
ACTION/DIRECTION: Council Consensus 5/0
21. RECREATION FACILITY FEASIBILITY STUDY
$50,000
Provides funds to conduct a study for a potential City gymnasium/indoor soccer facility.
Recurring costs $0
ACTION/DIRECTION: Council Majority 4/1 (Ryno No)
ENGINEERING/PUBLIC WORKS
22. UPDATE TRAFFIC OPERATIONS CENTER (TOC) EQUIPMENT
$100,000
Provides funds to upgrade existing TOC equipment with latest technology including server, fiber optic terminal hub, program software and monitor unit. Recurring costs $0 ACTION/DIRECTION: Council Consensus 5/0
ITEM 7
23. CLEAN AIR DUCTS THROUGHOUT CITY FACILITIES
$400,000
Provides funding to clean all air ducts throughout City Hall, Police and Fire buildings, all Corporation Yard buildings, Sewer Treatment Plant buildings, Parks Department buildings, American Legion Hall and Community Center. Recurring costs
$0
ACTION/DIRECTION: Council Majority 3/2 (Kline and Ryno No)
24. REPLACE HVAC UNITS - POLICE BUILDING AND FIRE STATION #1 $60,000
Provides funds to replace three aging air conditioning units at the Police Station and one older unit at Fire Station #1 Recurring costs $2,500
ACTION/DIRECTION: NOT APPROVED 2/3 (Casey, Kline and Ryno No)
25. FOGGERS AND OTHER PPE
$10,000
Provides funds to purchase foggers to sanitize all office areas and any personal protective equipment that may be needed to help combat COVID-19. Recurring costs $0 ACTION/DIRECTION: Council Consensus 5/0
26. LIONS PARK DEVELOPMENT/IMPROVEMENTS
$650,000
Provides funds for the development and improvement of Lions Park. This phase of the project will include adding curb, gutter and sidewalk. A play structure and landscaping will be added during Phase II.
ACTION/DIRECTION: Council Consensus 5/0
Rec urring costs $ TBD
27. GRID PRUNE PROGRAM
Provides funds for the tree pruning program. $250,000
ACTION/DIRECTION: Council Consensus 5/0
ITEM 7
FIRE
28. UPGRADE EMS EQUIPMENT ON FIRE ENGINES
$ 90,000
This request is to purchase and upgrade the emergency medical equipment on two of the fire apparatus to allow for advanced life support services when a paramedic firefighter is assigned. The equipment would allow for a higher level of service to the community and better response to the COVID-19 pandemic. Equipment would include advanced life support monitors, airway equipment, and medications that can be utilized by a paramedic.
Recurring costs $0
ACTION/DIRECTION: Council Consensus 5/0
29. HUMAN RESOURCES
PREMIUM PAY FOR ELIGIBLE WORKERS PERFORMING ESSENTIAL WORK $ 750,000 Provides funds for eligible workers including workers needed to maintain continuity of operations of essential critical infrastructure sectors. Recurring costs $0
ACTION/DIRECTION: Council Majority 4/1 (Kline No)
30. TEMPORARY PROJECT MANAGEMENT
$ 100,000
Provides funds to hire a temporary project manager to oversee the completion of the vast list of projects in order to complete the projects in a timely manner. Recurring costs $0
ACTION/DIRECTION: Council Consensus 5/0
31. RECRUITMENT SERVICES
$100,000
Provides funds for recruiting services for key management positions. Recurring costs $0
ACTION/DIRECTION: Council Majority 3/2 (Casey, Ryno No)
FINANCE
32. RELOAD RAD CARD FUNDING
$ 200,000
The Relief Across Downtown (RAD) card is a digital gift card dedicated to the small, locally owned businesses in the area. The RAD card program funding in Ceres has run out. This will replenish the Ceres funding to allow shoppers to load their RAD card and get matched, dollar for dollar, up to $100 and thus shop local. It is proposed that this program be expanded to include businesses throughout the City. Recurring costs $0
ACTION/DIRECTION: Council Consensus 5/0
ITEM 7
COMMUNITY DEVELOPMENT/ECONOMIC DEVELOPMENT
33. WAY FINDING SIGN PROGRAM
$ 75,000
Provides funds to undertake a program recommended by the CDRA Board to enhance the economic vitality of downtown by providing a comprehensive and consistent directional signing and identification signing for visitors frequenting the downtown business district of Ceres, including identification of key public facilities (i.e., City Hall, Library, Community Center, Whitmore Museum, Whitmore Mansion, Police/Fire Departments, Ceres High School, future ACE Railroad station, and public parking areas.) Recurring costs $0
ACTION/DIRECTION: Council Majority 4/1 (Ryno No)
34. ENTITLEMENTS ASSISTANCE/BUSINESS INCENTIVES
$ 100,000
Provides funds to support local economic recovery efforts through the form of grants, fee waivers/deferrals, and/or other incentives that enhance the economic vitality of downtown Ceres.
Program to be developed and brought back to the City Council at a later date.
Recurring costs $0
ACTION/DIRECTION: Council Consensus 5/0
35. FREEWAY ORIENTED ROOF SIGN REPLACEMENT
$ 5,000
Provides funds to take advantage of a pre-existing and vacant free-standing sign structure situated on the roof of the former Interstate Bank building in downtown Ceres by purchasing/installing a new sign banner covering to advertise “Downtown Ceres” in a manner that is visible to passing motorists traveling on SR99.
Recurring costs $0
ACTION/DIRECTION: Council Majority 3/2 (Ryno No; Casey stated he would need more information before he can vote yes)
36. SEASONAL BANNER ENHANCEMENTS
$ 20,000
Provides funds to expand the Ceres Downtown existing seasonal overhead banner program by adding complimenting banners installed on streetlights on El Camino, 3 rd, and 5th, Lawrence and North Streets.
Recurring costs
ACTION/DIRECTION: ??
Kline stated he is fine with it; Ryno stated if the money is going to be spent on banners maybe they should look at using the money on the Veteran’s banners. A discussion ensued about cost of banners for Veterans and how much money would be needed for those banners. No clear poll of council was conducted.
ITEM 7
ITEM 7
Date 7/14/2022
Quote # 3132
Bill To:
City of Ceres
ACCOUNTS PAYABLE
2220 Magnolia St.
Ceres, CA 95307-3216
The WCSL Corporation dba West Coast Sound & Light
19740 Grace Way
Sonora, CA 95370
Project
Price good for 30 days
Approved by:
Phone #
209-522-4896
Fax #
209-297-4622
E-mail
[email protected]
Web Site
www.wcslonline.com
Total
Subtotal
Sales Tax (8.375%)Please review this Quote.
Feel free to contact us if you have any questions.
This is a Quote only and is valid for 30 days.
To confirm, sign at bottom and email to [email protected]. or Fax to 209-297-4622.
Item
Description Qty
Parts and labor to complete the following council upgrades New speaker system with amplification
New dias monitors for council members
New push to speak notification system
Speaker system to include:
60-1310-03 Extron SF 26CT Speakers (Pair) 8
60-1301-01 Extron XPA U 1004 SB, 4 Ch. Amp 1
Dias monitors to include:
13HD7 Beetronics
13 inch monitor
1920 x 1080 resolution (Full HD)
Input: HDMI, VGA, BNC and RCA
Desktop and wall mountable
12.5 x 7.9 x 1.3 inches
7 60-1609-01 Extron DA6 HD 4K PLUS, 6 OUTPUT 1
60-1608-01 Extron DA4 HD 4K PLUS, 4 OUTPUT 1
ITEM 7
Attachment 3
Date 7/14/2022
Quote # 3132
Bill To:
City of Ceres
ACCOUNTS PAYABLE
2220 Magnolia St.
Ceres, CA 95307-3216
The WCSL Corporation dba West Coast Sound & Light
19740 Grace Way
Sonora, CA 95370
Project
Price good for 30 days
Approved by:
Phone #
209-522-4896
Fax #
209-297-4622
E-mail
[email protected]
Web Site
www.wcslonline.com
Total
Subtotal
Sales Tax (8.375%)Please review this Quote.
Feel free to contact us if you have any questions.
This is a Quote only and is valid for 30 days.
To confirm, sign at bottom and email to [email protected]. or Fax to 209-297-4622.
Item
Description Qty
Push to speak to include:
60-1559-02 Extron TLP Pro 525T Black 1
60-1688-01 Extron NBP 105 D Decorator-Style, Black and White, 5 Button 7 60-1979-01 Extron IPCP Pro S1 xi 1
Parts-COG Misc. parts and supplies to complete job
-HDMI cables, CAT6 wire, speaker rigging parts, misc. patch cables, 1 x Netgear 16 port network switch, under counter mounting hardware
1 Labor Labor to install, program, test, train 1
_____________________________________
$38,854.58
$36,702.03
$2,152.55
ITEM 7
Date 7/19/2022
Quote # 3136
Bill To:
City of Ceres
ACCOUNTS PAYABLE
2220 Magnolia St.
Ceres, CA 95307-3216
The WCSL Corporation dba West Coast Sound & Light
19740 Grace Way
Sonora, CA 95370
Project
Approved by:
Phone #
209-522-4896
Fax #
209-297-4622
E-mail
[email protected]
Web Site
www.wcslonline.com
Total
Subtotal
Sales Tax (8.375%)Please review this Quote.
Feel free to contact us if you have any questions.
This is a Quote only and is valid for 30 days.
To confirm, sign at bottom and email to [email protected]. or Fax to 209-297-4622.
Item
Description Qty
Labor Labor to complete wall touch panel programming add-ons for council chamber, get computer set-up with web based back-up controls.
-Add table programming to the wall touch panel
-re-size graphics and layout to fit on smaller touch panel -test, commision
1 _____________________________________
$4,609.00
$4,609.00
$0.00
ITEM 7
ITEM 7
ITEM 7
Attachment 4
ITEM 7
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: August 8, 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. 2022-102, Authorizing the City Manager to E xecute a Project Agreement to McCain Inc., for the Transparity Implementation Plan for the Engineering Services Department Traffic Management System.
RECOMMENDED COUNCIL ACTION:
Staff recommends authorizing the City Manager to execute the project agreement for the Transparity Implementation Plan.
I. BACKGROUND:
The project includes removing and replacing computer equipment at the City’s Traffic Operation Center and installing new software. The consultant will m igrate our existing database to the new system. McCain Inc. will implement new configuration for our intersections and provide software training to City staff.
II. REASONS FOR RECOMMENDATION:
The existing equipment and software at the Traffic Operation Center is outdated and needs the upgrade to be compatible with new industry standard traffic signal controllers. The project is being sole sourced to McCain Inc. because they are named by the software developer as the sole source for maintenance.
Furthermore, McCain Inc. and the City have an excellent working relationship since McCain currently maintains and troubleshoots our existing system.
III. FISCAL IMPACTS:
The cost for this project was approved using ARPA funding.
ITEM 8
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate, well-maintained infrastructure.
V. POLICY ALTERNATIVES:
The City Council can choose to not authorize the City Manager to enter this project agreement; the Engineering Services Department would keep our existing system and software.
VI. INTERDEPARTMENTAL COORDINATION:
The Engineering Services Department coordinated with the Public Works Department.
VII. PUBLIC PARTICIPATION:
There were no committees or public participation involved in this project.
VIII. ENVIRONMENTAL REVIEW:
This project is exempt from CEQA per Section 15306 and 15308.
IX. STEPS FOLLOWING APPROVAL:
Execute the contract with the consultant, conduct a pre- project conference, and issue a Notice to Proceed.
Approved by: ___________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution
2. Sole Source Letter
3. Scope of Work
4. Project Quote
ITEM 8
RESOLUTION NO. 2022-102
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT
AGREEMENT TO MCCAIN INC., FOR THE TRANSPARITY
IMPLEMENTATION PLAN FOR THE ENGINEERING SERVICES
DEPARTMENT TRAFFIC MANAGEMENT SYSTEM
THE CITY COUNCIL
City of Ceres
WHEREAS, McCain Inc. is the sole source maintenance provider for the Transparity software and currently provides the City with support for our existing system; and
WHEREAS, City staff has determined an equipment and software update is necessary to continue to having a functional Traffic Management System; and
WHEREAS, the quote for this project was received from M cCain I nc., in the amount of $71,550.00; and
WHEREAS, a contingency in the amount of 10% or $7,155.00 is appropriate to accommodate any unforeseen costs bringing the total authorization to $78,705.00; and
WHEREAS, Transparity Implementation Plan and u pgrades to the City’s Traffic Management System was programmed for FY 2022/23 budget with ARPA funds from account 219.19.034600 in the amount of $100,000.00.
NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Ceres that it hereby authorizes the City Manager to execute the project agreement to Mc Cain Inc., in the amount of $ 71,550.00 and authorize a 10% contingency in the amount of $7,155.00.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8
th day of August, 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAINED: Council Members:
_______________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8
May 20, 2022
City of Ceres, CA
2220 Magnolia Street
Ceres, CA 95307
To whom it may concern:
This letter establishes that the City of Ceres, CA currently uses QuicNet software developed by McCain Inc., located in Vista, CA.
The City is migrating to a more updated central management system and as the developer of Transparity software, McCain is the sole source of maintenance of the said application. Working directly with McCain’s ITS Services and Solutions team greatly reduces system down time and blind troubleshooting that could result with the lack of a product expert ’s knowledge and proficiency.
Furthermore, as the maintenance provider, McCain’s support staff has fos tered an excellent working relationship with the City’s traffic operations personnel. McCain’s history of working with the City of Ceres' traffic department provide s an intimate familiarity of the City’s traffic system needs that cannot be replicated by any other provider.
McCain welcomes the opportunity to support the City of Ceres’ central traffic management system and looks forward to collaborating with the agency in ensuring that their system is in optimum condition.
Sincerely,
Bob Ung
Director of ITS Services and Solutions, McCain Inc.
ITEM 8
ITEM 8
Ceres, CA – Transparity Implementation Plan
Deployment of Transparity TMS – Cost: $71,550
1. Description: Implement Transparity TMS on a new traffic workstation
2. Prerequisites:
a. List of locations that will be migrated to Transparity (locations must be on the same communications channel)
b. System status inventory for locations identified in 2.a (pre-migration). This includes:
i. Communications status
ii. Other applicable configuration – are there detectors associated with the controllers, are they part of any groups, custom displays?
iii. Logging (are there any logs utilized by the agency – split monitor, etc.) iv. Schedules
v. Alert Notifications
c. Current controller timing uploaded and saved to QuicNet for locations to be migrated d. Any custom or very old McCain local software will need to be updated to supported versions e.g. 200SA
e. Any communications troubleshooting/upgrades will be provided by others
3. Scope/Tasks:
a. Purchase new workstation and install prerequisite software (e.g. SQL, Redis, etc.) NOTE: DELL is currently experiencing long lead times on non-standard configurations b. Migrate Eureka’s full database to Transparity
c. Create and implement 23 new custom graphics
d. Onsite implementation:
i. Cutover comms previously used by QuicNet system
ii. Compare status with pre-migration inventory (2.b.i) iii. Reconfigure users as well as any applicable configuration identified (2.b items ii-v, as applicable)
iv. Observe and verify proper configuration
ITEM 8
e. Provide onsite training. Prior to training, a sample agenda will be submitted to the agency for review and approval.
f. Provide onsite testing. Prior to testing, a sample test document will be submitted to the agency for review and approval. Successful completion of testing signifies project closure.
NOTE: Items d-f will be provided on consecutive days
g. Upon project sign-off, 3-yr. maintenance will commence
4. Cost:
a. Workstation with specs required to run Transparity TMS & 30-in. monitor = $13,000 (server spec document is provided)
b. Transparity TMS Licenses (discounted) – qty: 30 = $24,750 c. Onsite Install and config, comms cutover and system map population = $3,200 d. Custom intersection graphics – qty: 23 = $9,200
e. Onsite Transparity training – qty: 1 day = $3,200
f. Onsite Transparity testing – qty: 1 day = $3,200
g. Project Management = included
h. 3-yr. Maintenance = $15,000
NOTES:
• Agency may have pre-existing QN maintenance – we will start any Transparity maintenance upon expiration of QN maintenance
i. TOTAL = $71,550
ITEM 8
April 1, 2022
From: Ray Laigo
McCain, Inc.
2365 Oak Ridge Way
Vista, CA 92081
Attn: Sam Royal, Associate Engineer
City of Ceres
2220 Magnolia St.
Ceres, CA 95307
Reference: Quote #RL020122-2 - Ceres, CA - Transparity TMS (refreshed 4/1/2022) Dear Mr. Royal
McCain is pleased to provide this quotation on the following item(s):
Item # Qty Unit Description Unit Cost Ext. Cost
1 1 Lump (1) DELL Precision Workstation (see attached specs) + 30-in. monitor $13,000.00 $13,000.00 2 1 Lump (ES-TMS-30) Transparity TMS with 30 licenses - includes PM $24,750.00 $24,750.00 3 1 Lump
Professional Services to include:
Onsite installation and configuration
Database creation and system map configuration for 30 locations Assistance with communications cutover (server-to-field) $3,200.00 $3,200.00
4 1 Lump Custom Intersection Graphics for 23 locations - internet aerial backgrounds (7 locations will have new graphics provided through another project) $9,200.00 $9,200.00 5 1 Day Onsite Transparity TMS training - 1 Day (see scope note 4) $3,200.00 $3,200.00 6 1 Day Onsite Transparity Systems Testing - 1 Day (see scope note 4) $3,200.00 $3,200.00 7 1 Lump Discounted 3-Yr. Software Maintenance Agreement - 30 locations (see scope note 5) $15,000.00 $15,000.00
Total $71,550.00
NOTE: This amount
does not include tax
To be paid according to the following Billing Milestones Billable Amount Customer receipt of server $13,000.00
Completion of Transparity TMS installation and configuration for 30 locations $27,950.00 Completion of 23 intersection graphics $9,200.00
Completion of Transparity TMS training $3,200.00
Completion of Transparity testing. This marks project acceptance and start of 3-yr. maintenance period $18,200.00 Scope Notes:
1. All labor is remote unless indicated otherwise. VPN or internet access is required to provide remote support.
4. Onsite training and testing to be provided by McCain ITS Services and Solutions group. Training and testing must be consecutive days. McCain requires up to 8 weeks advance notice for training and testing sessions.
Quote Notes:
1. All prices are in US Dollars. All payments to be made in US Dollars.
2. Purchase order (PO) must match line items in quote.
3. Prices are firm for 30 days. Tax and freight are not included .
4. All software available through remote download only.
5. Sale is subject to McCain's standard terms and conditions.
Quotation prepared by:
Ray Laigo
ITS Project Manager
McCain, Inc.
cc: Jeff Pearson, CA Sales, McCain Inc.
cc: Bob Ung, Director of ITS Services and Solutions, McCain Inc. cc: Lori Tackett, Senior Project Manager, McCain Inc.
Central System Software and Hardware (see scope notes 1-3)
5. Maintenance agreement covers a total of thirty (30) hours ( ten hours annually) that include telephone, email, or remote support and six (6) remote maintenance sessions (2 sessions annually).
Maintenance cost is for a standard TMS implementation with up to 30 locations.
The information contained in this document is intended for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer.
Professional Services and Maintenance
2. Customer is responsible for ensuring that communications and detection are operational and that network connectivity is available.
3. Does not include timing conversions or field installation support.
QUOTE
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: August 8, 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- 103, A uthorizing the City Manager to A pprove a Purchase Order with Coastline Equipment for a Used 2019 Crane Truck Replacement Vehicle for the Wastewater Division and Approving a Budget Amendment to Appropriate Funds
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approves a resolution authorizing the City Manager to approve a purchase order with Coastline Equipment for a used 1998 large crane truck replacement vehicle for the Wastewater Division and approving a budget amendment to appropriate funds.
I. BACKGROUND:
City Council approved and appropriated $150,000.00 for FY 2022/23 to replace the Wastewater Division’s crane truck ( vehicle #202- 60-98) due to the vehicle’s years of service and no longer maintaining C.A.R.B Smog Complian ce. The cost to purchase a similar vehicle in today’s market is quite higher than what was requested and budgeted.
The allocated amount of $150,000.00 no longer covers the price to purchase this type of vehicle, although it is used, and a budget amendment is required.
II. REASONS FOR RECOMMENDATION:
Public Works’ fleet staff were trying for weeks to locate a similar used vehicle because purchasing a crane truck brand new is approximately $325,000.00. There is a large depreciation on certain large equipment, however the nature of use of a crane truck is not impactful on chassis or boom so buying used is a cost savings. Staff located three (3) used vehicles that meet the requirements, with just one (1) of them being available in California.
Although two (2) quotes were received at a slightly lower price point, these vehicles are located out of state and have shipping costs ranging from $10,000 - $15,000. Staff does not believe purchasing a sight unseen vehicle in this price range to be a safe avenue to ITEM 9
consider. Staff recommends purchasing from Coastline Equipment, where the vehicle is located in Sacramento, CA and requires no shipping fees.
III. FISCAL IMPACTS:
The purchase price is $215,192.50. Currently, $150,000.00 is programmed into the FY 2022/23 Fleet Budget Automotive Replacement Fund ( 610.20.051100). A budget amendment of $65, 200.00 is requested to cover the difference i n cost from the original approved budget amount and is attached hereto as “Exhibit A” . The additional funds can be appropriated from the same account, or from wastewater funds as this is a wastewater vehicle.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This is in accordance with the Government Operations section of the Strategic Plan to “provide quality services to meet community needs, assuring that the City is sufficiently staffed, trained and equipped overall.”
V. POLICY ALTERNATIVES:
Should the City Council decide not to authorize the purchase order or budget amendment for the purchase of the replacement vehicle, the vehicle needing replacement will no longer be within state compliance and will not be used, leaving the Wastewater Division without the necessary vehicles to operate sufficiently.
VI. STEPS FOLLOWING APPROVAL:
Upon Council approval, the Finance Director will make the accounting entries to execute the purchase order.
Approved by: _________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution 2022-103
2. Bid Summary
3. Full Quote for Coastline Equipment
4. Exhibit A Budget Amendment
ITEM 9
RESOLUTION NO. 2022-103
AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE
ORDER WITH COASTLINE EQUIPMENT FOR A USED 2019 CRANE
TRUCK REPLACEMENT VEHICLE FOR THE WASTEWATER DIVISION
AND APPROVING A BUDGET AMENDMENT TO APPROPRIATE FUNDS
THE CITY COUNCIL
City of Ceres
WHEREAS, Wastewater’s 1998 Crane Truck (vehicle #202- 60-98) is needing replacement due to its years of service and no longer maintaining C.A.R.B Smog Compliance; and
WHEREAS, due to low inventory of such specialized vehicles across the country, Fleet was able to locate three (3) used vehicles; and
WHEREAS, only one (1) of the vehicles is located in California and staff does not believe purchasing a sight unseen vehicle in this price range to be a safe avenue to consider; and
WHEREAS, Council approved $150,000.00 in the FY 2022/23 budget to replace this vehicle but the cost to purchase in today’s market is higher than what was budgeted; and
WHEREAS, a budget amendment of $65, 200.00 is requested due to the increase in price.
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 Coastline Equipment for a used 2019 crane truck replacement vehicle for the Wastewater Division and approves a 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.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8
th day of August 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
City of Ceres
QUOTE SUMMARY
ITEM: Large Crane Truck replacement vehicle for #202-60-98 DATE: July 19, 2022
BIDS RECEIVED:
COMPANY QUOTE TOTAL
Coastline Equipment
FOB: Sacramento, CA
$ 215,192.50 no shipping costs
Giuffre Bros Cranes, Inc.
FOB: Cicero, IL
$ 181,795.00 with shipping costs
Dozier Crane
FOB: Savannah, GA
$ 175,525.00 with shipping costs
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ITEM 9
ITEM 9
ITEM 9
Exhibit A
Exhibit "A"
Budget Amendment No.
Fiscal Year 2022 - 2023
Reference Resolution No. 2022-103, dated August 8, 2022 authorizing appropriations for a Crane Truck replacement vehicle for Wastewater
Appropriations:
Fund Name Fund
No.
Dept.
No.
Object
No.
Appropriation
Amount
Wastewater 567 25 051100 $65,200.00
Requested Appropriation $65,200.00
2022 - 2023 Current Appropriation $150,000.00
Total Appropriation $215,200.00
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 9
ITEM 9
COUNCIL AGENDA REPORT
MEETING DATE: August 8, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Tom Hallinan, City Attorney
[email protected] (916) 468-0950
SUBJECT: Resolution No. 2022-104, Approving an Agreement for the Exchange of Real Property and Joint Escrow Instructions with Parson Properties, LLC and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:
Staff recommends that City Council adopt a re solution approving an agreement for the exchange of real property and joint escrow instructions with Parson Properties, LLC.
I. BACKGROUND/DISCUSSION:
The City of Ceres (the “ City”) owns property located at 2936 5 th Street, Ceres, CA 95307.
Parson Properti es, LLC ( “Parson”) owns property located at 2761 6 th Street, Ceres, CA 95307. The City wishes to exchange properties for the purpose of increasing operational efficiencies. The resolution (the “Resolution”) will approve an agreement with Parson for the exchange of properties in accordance with the joint escrow instructions (the “Agreement”).
II. FISCAL IMPACTS:
None
III. POLICY ALTERNATIVES:
The City Council’s options are:
1. Adopt the Resolution;
2. Continue the item for later consideration of the City Council with direction to staff for additional analysis; or
3. Reject the Resolution.
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
ITEM 10
IV. STEPS FOLLOWING APPROVAL:
Upon approval, the City Manager will sign the attached Agreement and th e City and Parson will m ove forward with the exchange of properties in accordance wit h the joint esc row instructions set forth in the Agreement.
Approved by: ______________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution
2. Agreement
ITEM 10
RESOLUTION NO. 2022-104
APPROVING AN AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY AND
JOINT ESCROW INSTRUCTIONS WITH PARSON PROPERTIES, LLC AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres (the “ City”) owns a parcel consisting of approximately 0.17 acres of real property, improved by two residential buildings of approximately 1,836 square- feet, located at 2936 5 th Street, Ceres, CA 95307 in the County of Stanislaus, State of California, Assessor’s Parcel Number 127- 017-036-000, (“Parcel 1”) and more particularly described in the Agreement for Exchange of Real Property and Joint Escrow Instructions (the “Agreement”); and
WHEREAS, Parson Properties LLC (“Parson”) owns a parcel consisting of approximately 0.16 acres of real property, improved by a residential building of approximately 1,024 square- feet located at 2761 6 th Street, Ceres, CA 95307 in the County of Stanislaus, State of California, Assessor’s Parcel Number 127- 015-018-000 and more particularly described by the Agreement (“Parcel 2” and together Parcel 1 and Parcel 2 may hereinafter be referred to individually as “Property” and collectively as “Properties”); and
WHEREAS, the City and Parson wish to exchange the Properties upon the terms and conditions hereinafter set forth in the Agreement (Exhibit A).
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Ceres approves an a greement for the exchange of real property and joint escrow instructions with Parson Properties, LLC and authorizes the City Manager to execute the agreement.
PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting thereof held on the 8th day of August 2022, by the following vote:
AYES: Council members:
NOES: Council members:
ABSENT: Council members:
ABSAINED: Council members:
________________________________
Javier Lopez, Mayor
ATTEST:
______________________________
Fallon Martin, City Clerk
ITEM 10
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AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
Th is AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of this __ day of July, 2022 by and between Parson Properties LLC, a California limited liability company (“Parson”) and the City of Ceres, a California municipal corporation (“ City”). Parsons and City may be referred to herein individually as a “Party ” or collectively as the “Parties”. There are no other parties to t his Agreement.
RECITALS
A. City owns that certain parcel consisting of approxim ately .17 acres of real property, improved by 2 residential buildings of approximately 1,836 square-f eet, located at 2936 5 th Street, Ceres, CA 95307in the County of Stanislau s, State of California , being Assessor’s Parcel Number 127-017-036-000, and more particularly described on Exhibit A attached hereto and incorporated herein (“Parcel 1”).
B. Parson owns that certain parcel consisting of approxim ately .16 acres of real property, improved by a residential building of approximately 1,024 square-feet located at 2761 6th Street, Ceres, CA 95307 in the County of Stanislaus, State of California , being Assessor’s Parcel Number 127-015-018-000 and more particul arly described on Exhi bit B attached hereto and incorporated herein (“Parcel 2” and together Parcel 1 and Parcel 2 may hereinafter be referred to individually as “Property” and collectively as “Properties”).
B. The Parties wish to exchange the Properties upon the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual covenants and agreements her ein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowl edged, Parsons and City hereby agree that the terms and conditions of this Agreement and the instructions to CHICAGO TITLE INSURANCE COMPANY, 1700 Standiford Avenue, Suite 110, Modesto, CA 95350; Attn: Karla Sam -sin (“Escrow Holder”) with regard to the escrow (“Escrow”) created pursuant hereto, are as follows:
AGREEMENT
1. E xchange of Properties . This exchange of the Properties i ncludes any and all rights, title, and interest in any and all rights and interests appurt enant to the Properties, and all water rights, mineral rights, easements, and other property rights related exclusively to theProperties.
2. Effective Date: This Agreement shall only become effective on the date (“Effective Date”) following the date each of the following have occurred: (i) both the Seller and Buyer have executed the Agreement, and (ii) the City of Ceres City Council (“City Council”) has approved the executed form this Agreement. This Agreement shall be null and void without City Council approval.
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{CW108816.1} P age 2 of 14
3. T erms of Exchange . The Parties agree that City shall deed Parcel 1 to Parson through Escrow at Close of Escrow (as defined below). In exchange, Parson shall (i) deed Parcel 2 to City through Escrow at Close of Escrow, and (ii) remove all buildings from Parcel 2 within One Hundred Eighty (180) days after Close of Escrow as more particularly set forth in Section 12 below.
4. Opening o f Escrow. Concurrent with the execution of this Agreement, Parties shall promptly open Escrow with Escrow Holder by delivering an e xecuted form of this Agreement to the Escrow Holder. Escrow Holder shall sign and prom ptly a fully executed Acceptance as Escrow Holder. For purposes of this Agreement, as between the Parties, the Escrow shall be deemed opened on the date Escrow Holder delivers fully executed Acceptance of this Agreement to the Parties (the “Opening of Escrow”).
5. Pre-Closing Obligations.
(a) Title Reports. Parties will cause the Escrow Holder , in its capacity as title insurer (“Title Company”), to deliver to Parties, as soon as practicable following the Ope ning of Escrow, separate pr eliminary title reports for Parcel 1 and Parcel 2 (the “Reports”), together with legible copies of all documents referred to in the Report s. Within ten (10) business days after its receipt of the Report s, Parties shall notify each other, in writing, of any objection that Parties have to the title exceptions reflected in the Reports. Parties failure to timely deliver to each other an objection shall be deemed to constitut e approval of the Rep orts. Parties s hall have a period of five (5) business days after re ceipt of an objection to deliver written notice to either: (i) the parties can agree to remove, at their sole cost and expense, the objectionable ite ms prior to Closing (as defined below); or (ii) decline to remove the objectionable items . Failure to timely deli ver shall be deemed to constitute election not to remo ve the objectionable it ems. If a Party elects to remove the objectionable items and, thereafter, fails to do so prior to Closing, then that party shall be deemed in default under this Agreement. I f a Party elects (or is deemed to have elected) not to remove the objectionable items, then the objecting Party shall have the right, by written notice delivered within seven (7) business days after receipt of a Notice of Objection to either: (i) immediately ter minate this Agreement, in which event this Agreement and all of the rights and obliga tions of the Parties shall terminate, except th e Parties shall share equally the expenses of canceling Escrow; or (ii) waive its objection to the title exceptions in question. (b) Operations. Fr om the Effective Date through Closing or termination of this Agreement, whichever occurs earlier, the Parties shall: (a) maintain their Property in the same condition as presently exists, with the exception of reasonable wear and tear or changes attributable to the other Party; (b) not, without the other Party’s prior written consent (which may be withheld in that Parties’ sole discretion), terminate, amend, extend, or renew any lease or other contract affecting their Property or e nter i nto any contract or commitment or incur any expenditure or obligation affecting their Proper ty or the title thereto , which would extend beyond the Closing; (c) pay promptly when due all taxes, assessments, utility charges, indebtedness secured by deed of trust or other liens, and, generally, all expenses (including repairs and replacements) incurred by each Party in the operation of their Property; and (d) not, without the other Parties’ prior written consent, take o r consent to any action which could modify the status of title to, present zoning of, access to , licenses, permits or entitlements to, or assesse d valuation of , their Property, or cut or ITEM 10
{CW108816.1} P age 3 of 14
permit the cutting of any trees on their Property. The Parties shall promptly notify each other in writing, of any failure to comply with its obligations under this Section 5(b).
6. Du e Diligence Period . The Parties obligatio n under this Agreement to exchange the Properties and consummate the exchange transaction contemplated her eby is subjec t to and conditioned upon, among other things, the satisfaction or waiver by each Parties of the condition of the other Party’s Property, as discovered throu gh each of the Parties’ inspection of the physical condition , Title Reports, any documents requested pursuant to Section 6(b), below, and any written or oral inquiries of the other Party’s Property ( together, “Due Diligence”). Due Diligence shall be completed within ninety (90) days after the Effective Date (the “Due Diligence Period”). (a) Inspection. During the Due Dil igence Period, each Party, its agents, employees, contractors, and subcontractors shall have the right to make such inspections, surveys , and tests as are necessary in Party’s sole and absolute discretion, including, without l imitation soils tests, toxic w aste analysis, geological or engineering studies and land use or related studies.
Notwithstanding the foregoing, prior to performing any borings at a Property or a n environmental site assessmen t, the inspecting Party shall ob tain the other Party’ s prior w ritten consent, which consent shall not be unreasonably withheld, of permissio n to undertake the borings or environmental site assessment and the work plan therefor. The inspecting Party shall re pair an y damage and indemnif y, defend, and hold the other Party and each of their of ficers, dire ctors, employees, contractors, successors , and assigns harmless from any cost, claim , or expense arising directly fro m such entry or the performance of such tests by inspecting Party’s or its agents, employees, contractors, or subcontractors.
(b) Property Documents. D uring t he Due DiligencePeriod, each of the Parties shall make available to the other Party for inspection, within five (5) business days of the Effective Date of this Agreement, all doc uments and information in their possession or control pertaining to their Property, including, but not li mited to , any and all leases, liens, tentative and final maps, surveys, plats, title reports, soi l reports, assessment and financing district documentation, environmental studie s, property tax b ills, a nd entitlement documents (collectively , the “Property Documents”); provided t hat the Party shall not be obligated to disclose to the other Party any appraisal or opi nions of the value of their Property, nor any of the Party’s interna l finan cial analyses, credit analy ses, busi ness plans, mate rials relating to that Party’s cost to acquire their Property, or any documents or communications subject to the attorney-client privilege. (c) Du e Diligence. If a Party is not satisfied with the conditi on of the other Party’s Property or title of the other Party’s Property, at the expiration of the Due Diligence Period , the Party may, at it’ s sole discreti on, t erminate this Agreement. Upon such termination, Escrow Holder shall return all funds deposited into Escrow by the Parties and the Parties shall share equally the expenses of canceling Escrow.
7. Condition of Tit le. I t shall be a condition to the Close of Escrow, as defined in Section 8(a) of this Agreement, for the Parties’ benefit that title to each of the Properties be conveyed by Grant Deed subject to the following condition of title (“Condition of Title”):
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(i) a lien to secure payment of general and special real property taxes and assessments for the current tax year i n which the Close of Esc row occurs, a lien not yet due and payable;
(ii) the lien of supplement al taxes arising from this transaction assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code; (iii) all exceptions to title set forth in the Reports, which have been approved by the acquiring Party;
(iv) any new community facilities district bonds, special taxes, fire assessment districts, and the like for the Property, as approved by the City during the Due Diligence Period; and
(v) matters affecting the Condition of Title created by the acquiring Party or with the consent of the acquiring Party, includi ng, wit hout limitation, any mechanics liens or other encumbrances caused by or related t o the acquiring Party’s activities which occurred prior to the Close of Escrow.
Title t o each of the Properties s hall be evidenced by the willingness of Title Company to issue its CLTA Standard Owner’s Form Policy of Title Insurance (the “Title Polic y”) in the amount determined as to each Property by the acquiring Party showing title to the Property ve sted in acquiring Party subject only to the Condition of Title. Each Party shall have the ri ght, provided same does not delay theClose of Escrow , to elect to obtain an ALTA Extended Coverage Owner’s Title Insurance P olicy on the Property it is acquiring, at its sole cost and expense. The conveying Party shall pay t he cost of a CLTA Standard Owner’s Title Policy, and acquiring Party shall pay and be solely responsible for any additional premiums or other costs for ALTA Extended Coverage, or any endorsements to the Title Policy.
8. Conditions Precedent. If a ny of the conditions contained in Sections 5 through 8 (collectively, “Conditions Precedent”) are not met prior to the Close of Escrow, either of the Parties shall have the right to terminate this Agreement by written notice to the other Party, in which event Escrow Holder shall return all funds deposited into Escrow by the Parties and the Parties shall share equally the expenses of canceling Escrow
9. Closing Obligations.
(a) C
lose of Escrow. For purposes of this Agreement, the “Close of Escrow ” or “Closing” shall be defined as the date on which the Conditions Preced ent have been satisfied and the grant deed s in substantially the same form attached hereto as Exhibit C, conve ying the Properties are recorded in the Official Records of Stanislaus County, California (the “ Official Records”). Close of Escrow is anticipated to occur no later than thirty (30) days after the last day of the Due Diligence Period. The Close of Escrow may be extended, by a writing signed by all Parties to this Agreem ent, to a date necessary to accommodate completion of a ny of the Conditions Precedent.
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(b) On or before a date that is two (2) business days prior to the Close of Escrow, the following must be provided to the Escrow Holder:
(i) P arties shall deliver the following to the Escrow Holder: (1) the Grant Deed to their Property, properly executed and notarized; (2) a duly executed certification r equired by the Foreign Investment in Real Property Tax A ct and its California Revenue and Taxation Code equivalent (together, “FIRPTA”); (3) an affidavit on the Escrow Holder standard forms so that the Escrow Holdwer can delete or modify the standard printe d exceptions as to parties in possession, unrecorded liens (including st atutory materialmen’s liens), and similar matters; (4 ) an acknowledged closing statement reflecting the closing adjustments and prorations contemplated by this Agreement (the “Closing Statement”); and (5) with respect to City’s conveyance of its Property to Parson an executed Certificate of Acceptance in generally the fowm attrached hereto and incorporated herein by this reference as Exhibit D.
(
ii) Parties shall deliver an executed counterpart of the Closing Statement to the Escrow Holder.
(c) S upplemental Instructions. Parties agree to execute, deliver, and be bound by any reasonable or customary supplem ental escrow instr uctions of Escrow Holder, or other instruments as may reasonab ly be required by Escrow Holder, in order to consum mate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or s upersede any of the m aterial portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control.
(d) C losing Funds. Not l ess than one (1) business day prior to the date set for the Close of Escrow , Parties shall deposit or cause to be deposited with Escr ow Holder , in a form acceptable to Escrow Holder, Escrow Holder’s estimate of Parties share of closing costs, prorations, charges payable pursuant to this Agreement.
(e) Cos
ts and Expenses. The escrow fee of Escrow Holder and related co sts (including, without limitation, Escrow Holder ’s cu stomary charges to buyers and sellers for document drafting and miscellaneous cha rges), as well as all recording fees payable in connection with the recordation of the Grant Deed, shall be shared equally between the Parties.
(f) P rorations and Adjustments . The following prorations shall be made between Seller and Buyer on the Close of Escrow, computed as of the Close of Escrow (with income and expenses for the date of the Close of Escrow being allocated to Seller):
(i) P roperty T axes and Assessments. All current ad valorem taxes and all current general and special taxes and assessments on the Properties shall be pro rated through Escrow between the Parties as of the date of Close of Escrow based upon the latest available tax information and the portion of the taxable year each Party has possession of their Property, without regard to any reassessments or subsequent changes. All supplemental taxes (regardless of whether a bill for such taxes is received after the Close of Escrow bythe Parties ) and future assessments or encumbrances levied by any assessment, main tenance, school district or like entity, attributable to ITEM 10
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the Properties shall be prorated on the same basis, as shall special taxes and any assessments under Mello-Roos Community Facilities District and the like now encumbering the Properties or proposed to encumber the Properties.
(ii) Pro ration Statement. At least thre e (3) days prior to the Close of Escrow the P arties her eto shall agree upon all of the prorations to be made and sh all either (i) submit a statement to the Escrow Holder setting forth the same, or (ii) approve the Closing Statement prepared by Escrow Holder setting forth the prorations. In the event that any prorations, apportionments, or computations made under thi s Section shall require final adjustment after the Close of Escrow, then the P arties hereto shall make the appropriate adjustmen ts promptly when accurate information becomes available and either Party hereto shall be entitled to an adjustment to collect the same. Any corrected adjustment or proration shall be promptly paid in cash or a certified or bank cashier’s check to the Party entitled thereto.
10. Possession. At Closing, each Party shall deliver to the other posses sion of their Property, free and clear of occupancy by all persons, f irms, or corporations, whether or not under claim of right or color of title.
11. Representations and Warranti es. In con sideration of entering into this Agreement and as an inducement to each Party to exchange their Property, each Party makes the following representations, acknowledgements, and wa rranties to theother Party, as of the date of this Agreement and as of the Close of Escrow, each of which is material and is being relied on byother Party:
(a) Authority. The Party h as the legal r ight, power and authorit y to enter into this Agreement a nd to consummate the tra nsactions contemplated hereby, and the execu tion, delivery and performance of this Agreement and the documents required to be executed pursuant to this Agreement have been duly authorized and no other action is requisite to the valid and binding execution, delivery, and performance of this Agree ment and such docum ents. This Agreement has been, and the documents required to be executed pursuant to this Agreement have been, or as of the Close of Escrow w ill be, duly executed by the Party and legal, valid , and binding obligati ons enforceable ag ainst the Party in acco rdance with their respective terms, subject to applicable bankruptcy, insolvency, r eorganization, and other similar laws affecting the righ ts of creditors generally and general principles of equity.
(b) L itig ation. No litigation has b een served on the Party that is pending, or to the Party’s current actual knowledge, without duty of inquiry, propose d, threatened or anticipated, or any law enfor cement or other proceeding which may cause disgorgement or forfeiture with respect to any matter affecting their Property or the operation thereof.
(c) B
ankruptc y Ma tters. Neither Party has made a general assignment fo r the benefit of creditors, f iled any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its cr editors, suffered the appoi ntment of a receiver to take possession of substantially all of its assets, suffered the attachment or other judicial seizure of substantially all of its assets, admitted its inability to pay its debts as they come due, or made an offer of sett lement, extension, or composition to its creditors generally.
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(d) T itle. The Parties have good a nd marketable, fee simple title to their Property, free and clear of any and all liens, encumbrances, or other restrictions, whether existing of record or otherwise, othe r than the Condition of Title . Each Party has no actual know ledge of any unrecorded or undisclosed legal or equitabl e interest in their Property owned or claimed by anyone other thanthe Party.
(
e) During the Party’s ownership of their Property, no contracts, agreements, or options (other than those which have already expired) have been granted to othe rs to purchase or to lease any interest in their P roperty or any part thereof or which will survive the Close of Escrow or otherwise impose an obligation on the other Party, and the Party otherwise has the exclusive right of possession to the Property.
(f) During the Party’s ow nership, the Party has no actual knowledge of any violation of governmental laws, r egulations, or orders relating to their Property which may cause disgorgement or forfeiture wit h resp ect t o any matter affecting their Property or the operation thereof.
(g) T
o the best of each Party’ s know ledge: (1) their Property is free of Hazardous Materials (defined below); ( 2) there has been no storage, generation, disposal, release, discharge or treatment of any Hazardous Materials upon or in their Property; (3) no radon gas has been detected at their Property; and (4) their Property has not been the subject of any federal, state or local government action or third party claim because of the release, threat of r elease, discharge, storage, treatment, generation, emission or disposal of any Hazardous M aterials on, in or from their Property. Neither Party s hall, prior to Closing, bring or permit any Hazardous Materials to be brought onto their Property. The term “Hazardous Materials” shall mean, without limitation, any material or substance which is defined as a “hazardous waste”, “hazardous substance”, or t he like under the laws or regulations of the State of California or United States (collectively, “Environmental Laws”) including any material or substance that is: (a) petroleum, oil, gas, or any direct or de rivative product or byproduct thereof; (b) defined or listed as a hazardous waste, extremely hazardous waste or restricted hazardous waste under the Hazardous Waste C ontrol Law (Cal. Health and Safety Code §§ 25115, 25118, 25122.7 and 25140); (c) defined as a hazardous substance under the Carpenter -Presley-Tanner Hazardous Substance Account Act (Cal. Health and Safety Code § 25316); (d) defined as a hazardous material, hazardous substance, or hazardous waste under the Hazardous Materials Release Respon se Pl ans and Inventory (Cal. Health and Safety Code §§ 25501 and 25501.1); (e) defined as a hazardous substance under Underground Storage of Hazardous Substances (Cal. Health a nd Sa fety Code § 25281); (f) used oil ( see Cal.
Health and Safety Code § 25250.1; (g) asbestos; (h) material listed under Article 9 o r defined as hazardous or extremely hazardous pursuant to Article 1 of Title 22 of the California Code of Regulations, Division 4, Chapter 30; (i) material defined as waste or a hazardous substance pursuant to the Porter -Cologne Act (Cal. Water Code § 13050) ; (j) material designated as a toxic pollutant pursuant to the Fede ral Water Pollution Control Act ( 33 U.S.C. § 1318) ; (k ) material defined as a hazardous waste pursuant to the Federal Resource Conserva tion and Recovery Act, 42 U.S.C. § 6901 et seq.; (l) material defined as a hazardous substance pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, (42 U.S.C. § 9601 et seq.); (m) material ITEM 10
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defined as a hazardous m aterial p ursuant to the Hazardous Materials Transportation Act ; or (n) material regulated by any Superfund or Superlien law, or any other federal, state or local law, statute, ordinance code, rule, regulation, order or decree that is in effect and regulating, relat ing to, or imposing liability or standards of conduct concerning Hazardous Materials, oil wells, underground storage tanks or pipelines. Hazardous Materials include asbest os, petroleum products, and any other hazardous waste or substance which has, as of t he date hereof, been determined to be hazardous or a pollutant by the U.S. Environmental Protection Agency, the U.S. Department of Transportation, or any instrumentality a uthorized to regulate substances in the environment which has jurisdiction over their Property which substance causes the Property (or any part thereof) to be in material violation of Environmental Laws.
(h) Each Party has no knowledge of any latent or patent defect s to their Property that have not been disclosed.
(i) Each Party is not a foreign person and i s a “ United States Person” as such term is defined in the Internal Revenue Code, as amended. (See I.R.C. § 7701(a)(30)).
(j) Each Party is not an entity named on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S . Department of T reasury, as l ast upda ted prior to the Execution Date, and each party shall take any actions required to comply with the USA Patriot Act of 2001, as amended, and any regulations promulgated under the foregoing law, Executive Order No. 13244 on Terrorist Fin ancing, any sanctions program administrated by the U.S. Department of Treasury’s Office of Foreign Asset Control or Financial Crimes Enforcement Network, or any other laws, regulations, executive orders or government programs designed to combat terrorism or money laundering, if applicable to this Agreement.
(k) Each Party’s representation s and warranties shall survive for a period of six (6) months after the Close of Es crow, after which no action shall be permitted to be commenced by either Party with respect to such representations and warranties, except in the event of f raud by a Party occurring prior to the Close of Escrow.
12. P
arson’s Post-Closing Obligation. On or before the One Hundred Eightieth (180th) day after Close of Escrow, Parson shall cause the buildings on Parcel 2 to be removed from Parcel
2. Parson (and its agents, employees, contractors and representatives), at its sole cost and expense, shall have the right to enter upon Parcel 2 after Close of Escrow at any time (at its/their sole risk) to complete the removal of the buildings on Parcel 2. In addition to the foregoing, City agrees, at no cost to City, to execute any and all forms, applications, or other similar documentation necessary or advisable to enable Parson to process any and all permits, licenses, or other applications req uired in connection with the removal of the buildings from Parcel 2. Parson shall keep Parcel 2 free and clear of all liens arising out of Parson’s activities conducted upon Parcel 2 in connection with removal of the buildings thereon. Parson shall indemnify, defend and hold City and Parcel 2 free and harmless of and from all costs, expenses, damages, claims, liabilities, attorneys’ fees and costs or charges arising out of, or in any way connected with, Parson’s e ntry upon Parcel 2 and removal
of the buildings thereon; provided, however, the removal of the buildings on Parcel 2 shall not be considered damage to the Parcel 2. Prior to entering Parcel 2 after Close of Escrow, Parson shall provide City with a certificate of general liability insurance, with a combined single limit of liability ITEM 10
{CW108816.1} P age 9 of 14
not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). Parson shall notify City directly at least twenty -four twelve (24) hours prior to any ent ry by Parson or its agents onto the Parcel 2 after Close of Escrow. Parson’s right of entry and access to Parcel 2 shall termionate after the buildings on Parcel 2 have been removed.
13. B rokers. N either Party has contacted or entered into any agreement with any real estate broker, agent, finde r, or any other party in connection with this transactio n (“Broker”), and neither P arty has taken any action that would r esult in an y other B roker’s or other fees or commissions being due or payable to any other party with respect to this transaction. If a Broker brings a claim for a commis sion or fee related t o the Property, the P arty through whom the Broker makes the claim shall be s olely liable and responsible for any amount owed to B roker and any expenses incurred by the other P arty in defending against the same. The provisions of this paragraph shall survive Closing.
14. Termination.
(a) Failure to Close Escrow. If any of the condi tions to the Close of Esc row set forth in this Agreement are no t timely satisfied or waived: (i) the Escrow and t he respective rights and obligations of the Parties hereun der shall terminate at the election of the Party for whose benefit such condition exists (except for obligations which are expressly stated to survive any termination of this Agreement); (ii) Escrow Holder shall promptly return to the Parties all documents deposited by them respectively which are then held b y Escrow Holder; and (iv) the Parties shall equally pay Escrow Holder’s fees and costs.
(b) R isk of Loss. Each Party bears all risk of loss related to their Propertyprior to the Close of Escrow . I f, prior to the Close of Escrow , either Property is materially damaged by any casualty and such damage is not repaired or arr angements for the es crow of funds sufficient to pay for necessary repairs are not made prior to the Close of Escrow, then the other Party wi ll have the option to terminate this Agre ement by providing written notice to the Party. If the other Party does not elect to terminate this Agreement, it will remain in full force and effect and they shall purchase the Property "As Is.”
15. S
urvival. A ny obligations, representations, and wa rranties that are expressly provided to survive termination of this Agreement and, if the Close of Escrow occurs, any provision which by its nature and effect i s required to be performed after the Close of Es crow (collectively, the “ Survival Obligations ”) s hall survive the Clos e of Escrow and remain binding and for the benefit of the Parties until fully performed. U pon termination, neither Party shall have any further obligations under the Agreement except for the Survival Obligations.
16. No tices . Except where such other form of notice is expressly permitted by this Agreement, any notice required or permitted to be given in connection with this Agreement must be in writing and w ill be deemed to have been given: (a) when hand delivered (deemed received o n receipt or refusal of delivery); (b) when delivered by a nationally recognized overnight express delivery service (deemed received the next business day); or (c) when deposited in the United States Mail, registered or cer tified mail, postage prepaid, return receipt requested (deemed received the third business day after posting). N otices may be executed and sent by the other P arty’s lega l counsel.
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Each notice shall be addressed, transmitted, or delivered, as the case may be, as set out below, or at such other address as may from time to time be designated in writing in accordance with this subsection:
To : Shane Parson
6055 Central Ave.
Ceres, CA 95307
With copy to: Russell A. Newman, Esq.
1034 12
th Street
Modesto, CA 95354
Email: [email protected]
To: City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: City Manager
With copy to: White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, CA 95814
Attn:
Tom Hallinan
Email: [email protected]
Notice of change of address shall be given by written notice in the manner detailed in this Section 1 6. Rejection or othe r re fusal to accept or the inability to deliver because of change d address of which no notice was given s hall be deemed to constitute receipt of the notice, demand, request, or communication sent.
17. Leg al Fees . In the event any legal action or demand for ar bitration (if applicable) is filed in relation to th is Agreement, the unsuccessful P arty in that proceed ing s hall pay to the successful Party the latter’s reasonable attorney’s fees in addition to any other relief recovered.
18. Assignment. The Parties may not assign or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the other , which may b e withheld in its sole and absolute discreti on. In the e vent a Party consents to same, thi s Agreement and all rights of the other Party hereunder may be assigned or transferred to a transferee (the “Transferee”), in which event all instruments, documents and agreements required to be delivered hereunder shall be delivered to, and run for the be nefit of the Transferee, and the Transfere e shall execute and deliver any instruments, documents or agreemen ts required to be executed and delivered hereunder. Any assignment shall be in writing and shall contain an express assumption by the Transferee of all of the Party’s duties a nd obligations hereunder. Notwithstanding such assignment and assumption, the assignor shall not be released from any of it's obligations hereunder.
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19. G eneral Provisions.
(a) Survival of Covenants. The covenants, inde mnities, repr esentations and warranties of each of the Parties set forth in this Agreement shall survive the Close of Escrow and shall not be deemed merged into the Grant Deed from that Party upon its recordation. (b) Required Actions of the Parties . Parties agree t o execute such instruments and documents and to diligently undert ake such actions as may be reasonably requi red in order to consummate the exchange herein contemplated and s hall use good faith efforts to accomplish the Close of Escrow in accordance with the provisions hereof. (c) Time of Essence. Time is of the es s ence of each and every term, condition, obligation, and provision hereof. All references herein to a particular time of day shall be deemed to refer to California time.
(d) Counterparts. T his A greement may be executed in multiple counterparts, each of which shall be deemed an original, but all of w hich, together, shall co nstitute one and the same instrument. Further, the Parties shall consider a copy of the signed Agreement for all purposes as an original of the Agreement to the maximum extent permitted by law, and no Pa rty to this Agreement shall have any obligation to retain a version of this Agreement that contains original signatures in order to enforce this Agreement, or for any other purpose. The P arties may also deliver executed copies of this Agreement to each oth er by electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. No P arty may raise the use of any image transmission device or method or the fact that any signature was t ransmitted as an image as a defense to the enforcement of this Agreement. At the request of either P arty, the P arties will confirm signatures by signing and delivering an original document (e) Captions: In
terpretation. Any captions to, or h eadings of, the Paragraphs or Subparagraphs of this Agreement are solely for the convenience of the parti es hereto, are not a part of this Agreeme nt, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. The use of the terms “hereof,” “herein” and “hereunder” shall mean and refer to this Agree ment as a whole, unless the context expr essly requires otherwise.
This Agreement shall be construed without reg ard to any presumption or other rule requiring construction against the party or parties causing this Agreement to be drafted. (f) No Obligations to Third Parties . E xcep t as otherwise ex pressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto. (g) Exhibits. T he Exhibits attached hereto are hereby incorporated herein by this reference for all purposes.
(h) Amendment t o t his Agreement . The terms of thi s Ag reement may n ot be modified or amended except by an instrument in writing executed by each of the Partieshereto.
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(i) Wai ver . T he waiver or failure to enf orce any provision of thi s Agreement shall not operat e as a waiver of any f uture breach of any such provi sion or any other provision hereof.
(j) Applicable L aw a nd Venue. This Agreement shall be governed by and construed and enforc ed in accordance wit h t he laws o f the State of Califo rnia, and any action brought to interpret or enforce this Agreement shall be venued in the County of Stanislaus. (k) Fees a nd Other Expenses . Except as otherwise provided herein, each of t he parties shall pay its own fees and expenses in connection with this Agreement. (l) Entire Agreement . This Agree ment super sedes any prior agreements , negotiations, a nd communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subje ct matter hereof. N o subsequent agreement, representation , or promise made by either party hereto, or by or to an employee, offic er, agent or repr esentative of either part y shall be of any effect unless it is in writing and executed by the party to be bound thereby.
(m) Partial I nvalidity. I f a court adjudges any por tion of this Agreement as applied to either p arty or to any circumstanc es to be void or unenforceable, such portion shall b e deemed severed from this Agreement and shall in no way affect the validity or enforceability of the remaining portions of this Agreement.
(n) Successors and A s signs. Subject to th e provisions of Section 19, th is Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
(o) Calendar D ays. Un less othe rwise specified, all “days” referred to in this agreement are calendar days. In the event any date descri bed in this Agree ment relative to the performance of actions hereunder or the delivery of any item by the Parties or Escrow Holder falls on a Saturday, Sunday or legal holiday, such date shall be deemed postponed until the next business day thereafter.
(p) Good F aith. When ever a Party’s consent or approval is required under this Agreement, that consent or approval will not be unrea sonably withheld, conditi oned, or delayed, except as expressly provided to the contrary in this Agreement. (q) Submi ssion of Document . Submission of this Agreemen t to Parties for examination or signature does not constitute an offer, reservation, right or option to exchange theProperties, and will not be ef fective as a binding agreement or other wise until full execution by and delivery to bothParties and approval of the Agreement by the City Council. [Si gnature s on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above.
Parson Properties LLC, a California limited
liability company
By: _____________________________
Name: Shane Parson
Its: Member-Manager
Date: ___________________________
By: _____________________________
Name: Kimberly Parson
Its: Member-Manager
Date: ____________________________
City of Ceres, a California municipal
corporation
By: ________________________________
Alex Terrazas, City Manager
Date:________________________________
APPROVED AS TO FORM:
By: ________________________________
Tom Hallinan, City Attorney
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Acceptance by Escrow Holder:
Chicago Title Insurance Company hereby acknowledges that it has received originally executed counterparts or a fully executed original of the foregoing Agreement for Exchange of Real Estate and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder.
Dated:_______________, 2022
CHICAGO TITLE INSURANCE COMPANY
By:
Name:
Its: Authorized Agent
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{CW108816.1}
Exhibit A
PARCEL 1 LEGAL DESCRIPTION
[To Be Attached]
ITEM 10
{CW108816.1}
Exhibit B
PARCEL 2 LEGAL DESCRIPTION
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{CW108816.1}
Exhibit C
FORM OF GRANT DEED
Recording Requested By and
When Recorded Mail to:
MAIL TAX STATEMENTS TO:
______________________________________________________________________________ (Above Space for Recorder’s Use Only)
GRANT DEED
Assessor Parcel Number: ___-__-___
The undersigned Grantor declares:
Documentary transfer tax is: $
( ) computed on full value of property conveyed, or
(X) computed on full v alue less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area.
FOR VALUABLE CONSIDERATION, recei p t of which is her eby acknowledged, __________________(“Grantor”), hereby GRANT S to
________________________________(“Grantee”), the following described r eal p roperty (the “Property”) located in County of Stanislaus , State of Califo rnia, to gether with all bu ildings, structures and improvements affixed thereto:
SEE EXHIBIT “A” ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE
SUBJECT TO:
1. Taxes and assessments, not delinquent.
2. Matters which an examination of the prope rty or a survey thereof would reveal, whether of record or not.
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{CW108816.1}
IN WITNESS WHEREOF, Gr antor has caused this Grant Deed to be executed as of the ___ day of _________, 20__.
SIGNATURE BLOCK OF GRANTOR
Following Pages:
ACKNOWLEDGEMENTS
EXHIBIT A TO GRANT DEED
Legal Description
[To Be Attached]
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{CW108816.1}
Exhibit D
FORM OF CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the interest in re al property conveyed by the Grant Deed dated ______ ___, 20___, from Parson Properties LLC, a california limited liability company, to the City of Ceres, a California municipal corporation, is hereby accepted by the undersigned offic er on behalf of City of Ceres, pursuant to authority given by Resolution _____________ of City of Ceres City Council , and the Grantee cons ents to recordation thereof by its duly authorize d officer.
Dated: ______________________, 2022
City of Ceres, a California municipal corporation
By: _________________________________
Alex Terrazas, City Manager
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