Agenda — Ceres City Council, October 24, 2022 (part 1 of 2)

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, October 24, 2022 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2220 Magnolia 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 54 953, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 2022-123, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT. WHILE THIS MEETING WILL BE PHYSICALLY

OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID- 19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE APPLICATION, ZOOM.

Click this link to join the webinar:
https://us02web.zoom.us/j/89028212584?pwd=NXJLa0dhZXYyc0FDTkRBdHlXVXlHZz09

Webinar ID: 890 2821 2584; Passcode: 507859; or Dial: (669) 900-6833

REMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COM MENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR

WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.

*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected] .

AGENDA
Regular City Council Meeting
October 24, 2022

Page 2 ends

INVOCATION

Invocation by Pastor Jim Stochl, Harvest Presbyterian Church.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. Veterans Day Proclamation

B. C ode Enforcement Officer Appreciation Week Proclamation

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

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

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

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 A genda of the October 24 , 2022 City Coun cil Meeting was Posted on Wednesday, October 19, 2022. (City Clerk)

2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings 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. A pproving Minutes of the October 10, 2022 Regular City Council Meeting. ( City Clerk)

AGENDA
Regular City Council Meeting
October 24, 2022

Page 3 ends

4. Register of Audited Demand(s) Dated October 5, 2022 through October 12, 2022. (Dias)

5. General Correspondence – Information Only
a . Public Works Monthly Report for September 2022. (Royal)

6. Resolution No. 2022-134, Awarding a Pest Control Service Contract to Animal Damage Management, Inc. , and Authoriz ing the City Manager to Execute the Contract. (Royal)

7. Resolution No. 2022- 135, Award ing a Contract to TK Elevator Corporation for Elevator Maintenance Services and Authorizing the City Manager to Execute the Contract. (Royal)

8. Resolution No. 2022-136, Appropriating $10,000.00 from Water Contract Services for the Turf Removal Rebate Program. (Royal)

9. Resolution No. 2022-137, 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)

10. Resolution No. 2022-138, Awarding a Professional Design Services Contract for Smyrna Park Improvements Project to O’Dell Engineering and Authorizing the City Manager to Execute the Contract. (Waugh)

11. Motion Accepting the 2020-2021 Measure H Financial Report for the Period Ending June 30, 2021. (Dias)

12. Resolution No. 2022 -139, Approving a Professional Services Agreement for Professional Consult ing Services with Marjorie Blom and Authorizing the City Manager to Execute the Contract. (Hoem)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

13. Ordinance No. 2022-1073, An Ordinance of the City Council of the City of Ceres Amending Title 9, Public Peace, Morals and Welfare, of the Ceres Municipal Code to Add Chapter 22, Adopting a Military Equipment Use Policy. (City Attorney)

AGENDA
Regular City Council Meeting
October 24, 2022

Page 4 ends

NEW BUSINESS

14. Motion Accepting the 2020- 2021 City of Ceres Audited Financial Statements and Audit Report for the Period Ending June 30, 2021. (Dias)

DISCUSSION ITEMS

None

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
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

None

REPORT FROM CLOSED SESSION

None

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on November 14, 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, October 19, 2022, at the following locations in Ceres:

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

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk
AGENDA
Regular City Council Meeting
October 24, 2022

Page 5 ends

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 2220 Magnolia 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)

HONORING NOVEMBER 11, 2022 AS

VETERANS DAY

WHEREAS, Veterans Day originated as “Armistice Day” on November 11, 1919, the first anniversary marking the end of World War I; and

WHEREAS, th ere are approximately 18.2 million military veterans in the United States; and

WHEREAS, the citizens of C eres owe a debt of gratitude to those who have served in defense of this great nation; and

WHEREAS, throughout generations, veterans have preserved our nation’s ideals of liberty and democracy; and

WHEREAS, not just on Veterans Day , but every day , the community of Ceres honors their service, dedication, and valor and are forever grateful for their service; and

WHEREAS, we get to enjoy the freedoms we have and live in this great country because of veterans and their sacrifices; and

WHEREAS, in honor of these de dicated men and women, we pledge our continued defense of our nation so their sacrifice will stand before the entire world as a tribute to the spirit and determination dedicated to the principles of freedom and democracy.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey and Mike Kline, do hereby honor November 11, 202 2 as Veterans Day in the City of Ceres.

Proclaimed this 24th day of October, 2022

___________________________
Javier Lopez, Mayor
ITEM A
ITEM A

DECLARING THE 2ND WEEK OF OCTOBER AS

CODE ENFORCEMENT OFFICER APPRECIATION WEEK

WHEREAS, California State Legislature passed a resolution on September 7, 201 8 designating the 2 nd week of October as Code Enforcement Officer Appreciation Week; and

WHEREAS, the health, safety, and welfare throughout the city is highly relied upon by Code Enforcement Officers; and

WHEREAS, Code Enforcement Officer s have a huge impact on a community by improving the quality of life for res idents within the city by addressing issues related to every aspect of City government , such as animal control, illegal dumping, environmental health, building, and so much more; and

WHEREAS, the challenge and demand of the Code Enforcement Officer has significantly evolved and increased throughout the years; and

WHEREAS, Code Enforcement Officers regularly interact with the citizens of the community in which they serve and play a large role in improving the aesthetics of the city; and

WHEREAS, the City of Ceres recognizes , honors a nd acknowledges Code Enforcement Officers that serve this community.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey and Mike Kline , do hereby declare the 2
nd w eek of October as Code Enforcement
Officer Appreciation Week in the City of Ceres.

Proclaimed this 24th day of October, 2022

___________________________
Javier Lopez, Mayor
ITEM B
ITEM B

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

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

City Council Chambers, 2701 Fourth Street
Monday, October 10, 2022 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

M
ayor Lopez called the October 10, 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
District 4
Councilmember
Kline
District 3
Vice Mayor
Silveira
Mayor Lopez
Present VACANT Present Present Present

INVOCATION

I
nvocation by Pastor Tim Giannosa, Big Valley Grace 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
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)

C
ynthia Ruiz spoke regarding the effects of the parking lot closure at El Rematito.

Rosalinda Vierra spoke regarding the City and El Rematito being on the same page when it comes to the parking lot at El Rematito.

Rosy Quintana spoke regarding the impacts of the closure of the parking lot at El Rematito.

Gene Yeakley spoke regarding water conservation and if t he City will be holding a candidate forum.

Ramon Rodriguez spoke regarding traffic issues due to the closure of the parking lot at El Rematito.

City Clerk, Fallon Martin, read an e mail into the record from John Warren regarding the shaved ice business operating as a drive-thru, the fees El Rematito pays to the City and the municipal code, as it applies to food trucks.

APPOINTMENTS TO BOARDS/COMMISSIONS

N
one

CONFLICT OF INTEREST DECLARATION

N
one

CONSENT CALENDAR

Action: M
otion by Councilmember Kline , seconded by Vice Mayor
Silveira, approving items 1 – 9 . Motion carrie d 4/0/0 by the following roll call vote:

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

1. Clerks Report of Posting. The Agenda of the October 10, 2022 City Council Meeting was Posted on Wednesday, October 5, 2022. (City Clerk)

3. Approval of Minutes for the September 26, 2022 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated September 21, 2022 through September 28, 2022. (Dias)

5. General Correspondence – Information Only
a. Public Health Goals 2022 (Morgan)

6. Resolution No. 2022-125, Accepting Well 42 Design and Construction Project as Partially Complete and Releasing a Partial Retention Amount to the Contractor. (Waugh)

7. Resolution No. 2022-130, Accepting the State of California Office of Traffic and Safety Special Traffic Enforcement Program (STEP) Grant and Approving a Fiscal Year 2022-23 Budget Amendment to Appropriate Funds. (Collins)

8. Resolution No. 2022-131, Authorizing the Purchase of a FARO Focus Premium Laser Scanner and Computer. (Collins)

9. Resolution No. 2022 -132, Approving the Application for State 2023 Active Transportation Program Grant Funds for Improving Connectivity and Access in the City. (Waugh)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

N
one

UNFINISHED BUSINESS

N
one

PUBLIC HEARING

10. R
esolution No. 2022-133, Approving the 2020 Water Shortage Contingency Plan Amendment. (Morgan)

Karen Morgan, Public Works Superintendent, presented the staff report.

Council discussion included if amendments to the reporting requirements for the plan needed to be brought to Council or if it could be streamlined through Public Works.

Mayor Lopez opened the public hearing.

ITEM 3
Deneane {no last name was provided} inquired about the changes to the reporting requirements that were being proposed.

Mayor Lopez closed the public hearing.

Council and staff discussion included the reporting requirements and reporting timelines.

Action: Resolution No. 2022-133, Approving the 2020 Water Shortage Contingency Plan Amendment was introduced by Vice Mayor Silveira, seconded by Councilmember Kline, and carried 4/0/0 by the following roll call vote:

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

NEW BUSINESS

N
one

DISCUSSION ITEMS

N
one

COUNCILMEMBER REFERRALS

N
ew Referral:
(Requested by Councilmember Kline)
Requested speakers be installed to improve sound at the dais.

REPORTS

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

• M ayor

None

• City Council

Vice Mayor Silveira spoke regarding the improvements to school facilities discussed at the City and Ceres Unified School District 2+2+2 meeting and the status of the Stanislaus Regional Water Authority surface water project.

ITEM 3
Councilmember Casey reminded everyone about the Out of Darkness walk to fight suicide at Graceada Park on Saturday, October 22, 2022 and endorsements made to council candidates when serving on City boards and commissions.

• City Manager

City Manager Alex Terrazas spoke regarding the ballot drop box that is now available in the City Hall l obby, the creation of the City of Ceres City Hall Facebook page for general city information, at and the g rand opening of Lower River Bluff Park on November 4th at 10 a.m.

• City Attorney

None

• Departments

Director of Engineering Services/City Engineer, Kevin Waugh, spoke regardin g the attendance at the Ochoa Park workshop on Saturday, October 1 st, the workshop
scheduled for Wednesday , October 12 th, the various surveys on the City website requesting input from the community and keeping safety in mind during paving on Morgan Road that is taking place on October 11th.

• County Supervisor

None

CLOSED SESSION

M
ayor Lopez introduced the Closed Session items.

11. Conference with Legal Counsel – Existing Litigation, Cal. Gov. Code, § 54956.9 Name of Case: Reed v. City of Ceres, Stanislaus County Superior Court Case No.

SC-22-000730

12. Conference with Legal Counsel – Anticipated Litigation, Initiation of Litigation Pursuant to Cal. Gov. Code § 54956.9(d): One (1) potential case

REPORT FROM CLOSED SESSION

M
ayor Lopez reported that no direction was given.

ADJOURNMENT

ITEM 3
The next regularly scheduled City Council Meeting will be held on October 24, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

T
here being no further business, Mayor Lopez adjourned the meeting at 7:50 p.m.

_____________________________
Javier Lopez, Mayor

_______________________________
By Cristina Aguilar, Deputy City Clerk
for Fallon Martin, City Clerk

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

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

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: October 24, 2022

TO: Mayor and City Council

FROM:

Alex Terrazas, City Manager

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

RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKG ROUND:

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

FACILITY SERVICES:

• Completed 190 Facilities Maintenance work orders including: 121 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 50 preventive maintenance services
• Assisted with the 9/11 memorial at Whitmore Park and Legion Hall • Assisted in the reconfiguring of some of the trash cans, bicycle rack and clean up on 4 th Street in preparation of the Farm to Fork event
• Assisted with SCADA improvements, troubleshooting, and repairs to w ell controls for Park’s irriga tion improvements, Streets’ lift stations and Water’s wells and communications
• Continued cleanup of homeless camps/debris at Independence Park and Roeding Park.

Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, four (4) Custodians, with one (1) vacant Custodian.

FLEET SERVICES:

ITEM 5a
Completed 87 work orders

Fleet, Department 20
• Installed three LPR camera systems on patrol units with manufacturer training tech • New admin chevy malibu for PW superintendent was delivered and in service

Fire, Department 15
• N/A

Police, Department 10
• Chief Collins’ new Explorer went into service
• Patrol explorer had transmission work repair at dealer, under warranty • Code enforcement pickup had transmission work and electrical work repair

Streets, Department 30
• Replace two drive axle tires and one foam filled on street sweeper

Water, Department 35
• Chevy pickup went to dealer for warranty repair

Parks, Department 40
• Toro mower a/c compressor and electrical issue repaired

Wastewater, Department 25
• New large service truck was delivered and waiting equip install for service

Facilities, Department 41
• Three Ford Rangers were delivered and setup for custodial service

Emergency and non-emergency City vehicles and equipment is maintained and repaired by one (1) Supervisor, one (1) Sr. Maintenance Mechanic , and two (2) Maintenance Mechanics.

LANDSCAPE MAINTENANCE:
• Completed a total of 490 service requests in the following categories:
• Bike Path Repairs: 0
• City Grounds Maintenance: 12
• Park Landscape and Maintenance: 139
• Parks Landscape Chemical Usage: 280 gallons parks/grounds • Playground and Equipment Repairs; All parts for several playgrounds ordered 120-day plus on arrival
• Playground and Equipment Inspections: 0
• Right of Way (ROW) Irrigation Repairs: 57 sprinklers and 2 valves • Park Trees: 13 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 59 • Parks sprinklers repaired or replaced:
• Barry Grove – 1 vandalism
ITEM 5a
• Costa Fields – 0
• Don Pedro – 5 vandalism
• Independence –0
• Neel Dog Park – 1 maintenance
• Neel Park – 2 vandalisms
• Persephone – 2 maintenance
• Redwood – 2 maintenance
• Riverbluff – 5 maintenances 1 pop off
• Riverview – 3 vandalisms
• Roeding Hts. – 0
• Sam Ryno – 1 maintenances
• Smyrna – 5 maintenances
• Strawberry – 6 Vandalism 3 valves
• Whitmore – 0
• Parks General Maintenance/Repairs:
o Steam cleaned covered areas of River Bluff, Sam Ryno and Smyrna and 4th street
o Graffiti removal at Sam Ryno (2), Strawberry (7), River Bluff (4), Roeding (3), Neel (3), Persephone (3), Smyrna (8), Berry Grove, Don Pedro and Independence (2) parks
• Total Vandalism & Repair cost is $5,800.00
• Grid Prune by West Coast Arborists (WCA)
o Grid # 3 2020-2021 100% - Complete with 2,343 trees pruned o Gird # 4 2021=2022 99% - Completed with 2,450 trees pruned so far o Grid # 2 2022 – 2023 Started in July 45% completed
o Grid # 1 & 5 uncompleted with a total of 8,571 trees unpruned o Pending: 167 High Risk, 11 Removals and 56 Trims from July Grounds
• Rights of Way (ROWs):
o Hatch Road - Code Enforcement involved due to property damages, boulders moved, and trees cut down by homeowners. Still awaiting approval from Engineering to approve “No Parking Signs” in City ROW or Boulders
o Placed boulders at Central and Park and along Railroad ROW o Faith Home replaced 1 backflow stolen 2 replaced 2 more stolen again o Re-staked 6 trees along Eastgate and 3 trees along Fowler Road; 3 trees damaged by vandalism
o Installed two new trash cans and moved them and the bike racks • Strawberry Park
o Repaired 3in mainline
o Repaired 4 valves on west side
o Repaired air valve for well improvements
• Independence Park
o Repaired well due to vandalism
• Smyrna Park
o Re staked 4 trees along Presidential walkway due to vandalism • Riverview Park
ITEM 5a
o 6 to 12 Playground damaged due to fire in slide, parts ordered possible 6- month delivery time.
• Whitmore Museum:
o Getting estimates on removal of elm tree
o Elm tree is dying in front WCA and Grover ($8,600) to look at tree • River Bluff Park:
o Playground area - replaced 2 sprinklers due to vandalism o Repaired fence to lower area due to fire 6 times
o New fence and gate installed
o Brush hogged trimmed trees lower area
o Installed directional signs around pond area Lower Bluff o Wiring damaged by contractor Repaired
o Cross country had two days of races on lower bluff
o Trimmed trees at entrance for new generator for well
• Guillermo Ochoa Park:
o Ongoing maintenance of Carousel and Merry-Go-Round
o Repaired carousel damaged by vandalism 2 times
o Removed Merry-Go-Round wheel due to Vandalism parts arrived to be repaired soon.

City Parks landscaping and maintenance is performed by one (1) Supervisor, one (1) Sr.

Parks Maintenance Worker, three (3) Park Maintenance Workers, and zero (1) part-time Maintenance Worker.

SOLID WASTE & RECYCLING:

The Leaf and Limb collection started for the season on October 1 st and will end on January 9th.

Highlights of solid waste and recycling collection by Bertolotti for September 2022:
• Residential…………………….… 1,261.40 tons
• Commercial……………………… 1,413.55 tons
• Illegal dump……………………… 5.74 tons, 30 locations
• Bulky items…………………….… 33.51 tons,104 locations
• Leaf/limb (illegal) …………….… 5.53 tons
• Street Sweep………………….… 43.10 tons
• Residential Organics…………… 431.80 tons
• Commercial Organics…………. 373.24 tons
• Residential Recycle………….… 167.76 tons
• Commercial Recycle …………… 2.29 tons
• C&D ……………………………… 0
• Used oil…………………………… 933 gallons
• Used oil filter……………...……… 85

• City staff collected 13 illegal dump sites in the City’s non-right-of-way locations. • There were 11 garbage cart storage violation notices issued in September. • A free comm unity disposal day for City of Ceres customers is scheduled for Saturday, February 4th at the River Bluff Regional Soccer Complex Parking lot from ITEM 5a
8am to 12:45pm. Ceres residential garbage customers will be able to dispose of large items such as furniture and appliances, e-waste, waste tires (up to 9), and old mattresses. This event is being funded through a Department of Transportation Clean California Grant.
• The city recently received a Local Assistance Grant for SB1383 program implementation requirements. SB 1383 procurement requirements mandate that the city purchases and distributes 3,915 tons of compost annually. Working with the local farming community, the city has developed a program to purchase the compost from Recology and allow farmers that submit a request to pick -up and transport directly from the facility to their operations. This program has allowed the city to exceed its compliance requirements as well as provide an additional resource to local farmers. A small portion of the procured compost will also be distributed to residential customers through a free giveaway pilot program that is currently in development.

Solid Waste Division work is performed by one (1) Administrative Analyst and (2) Field Service Technicians.

STREETS SERVICES:

• Staff responded to a total of 46 customer service requests • Responded to 286 Underground Service Alerts (USA) markings • Repaired 20 streetlights
• Poured 3 foundations for camera poles at River Bluff
• Poured concrete runner for sliding gate at River Bluff • Removed trash and weeds on Crows Landing Rd., between Whitmore and Service. 60 hours labor.
• Performed 1 excavation for the Water Division
• Removed blight and weeds from the alley in the 1900 block of Darrah. Total of 6 dump truck loads removed.
• Assisted Code Enforcement with property cleanup at 2121 Venus Dr • Responded to 13 illegal dumps
• Please note the Streets Division has been down one staff member since January due to workers comp injury
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr. Maintenance Workers, six (6) Streets Maintenance Operators, and one (1) Street Sweeper Operator.

WASTEWATER (WWTP):

• Responded to 5 customer service requests and 15 sewer problems, during working hours and after hours
• Staff responded to 1 Smart Cover alarm that prevented Sanitary Sewer Overflows (SSO’s). There were (0) SSO’s in September
• Serviced or Repaired:
o Lift Stations – 15
o WWTP Equipment – 15
o Main line sewer plugs – 2
o Aerators – 5
ITEM 5a
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control
• Staff checked on force main to Turlock
• Staff cleaned 20,525 feet of Sewer Main Line
• Staff CCTV inspected 2,660 feet of sewer line
• Staff continues the process of updating the Wastewater Discharge Report (WDR) • SCADA Integrator, Jeff Burrows, and Wastewater Systems Supervisor, Matthew Williams, continued converting lift station and treatment plant control panels to the new SCADA system
• Staff continued to retrofit and install a new irrigation pump control system and integrate it into the SCADA system
• Staff performed pond maintenance by discing ponds
• Staff assisted Parks Division by mowing 2 parks due to Parks equipment failure • Staff completed collection system 90-day trouble spot maintenance • Staff assisted by HR, held 1
st and 2nd interviews of applicants to fill vacant positions. 1 candidate was selected but declined due to wage offered. An offer was then extended to a second candidate who has accepted ; pending successful background check and physical exam
• Staff checked & marked 349 USA tickets, which took 49 hours; preventing contractors from damaging City sewer lines
• Turlock sewer use charges $131,868.48 for the month of August • Modesto sewer use charges $130,268.05 for the month of August • Biochemical Oxygen Demand (BOD) 74 mg/L
• Treated and disposed of 72.31 MG of wastewater with an average of 2.41 MGD Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, two (2) Operator-in-Training. There are still three (3) open Operator positions.

WATER SERVICES:

• September 2022 well production was 194.94 million gallons • Average water use for September 2022 was 6.50 million gallons per day • Water staff responded to 77 customer service requests • Water staff responded to 101 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,805
o Meters/radios serviced: 128
o Meters replaced: 90
o Meters upgraded from ¾”, 5/8” to 1”: 0
o New meter installations: 2
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 129 were exercised • Blow-offs and hydrants flushed: 47
• Water main leaks: 0
• Service line leaks: 4
• Service lines have been replaced: 0
• Hydrants replaced: 0
ITEM 5a
• Upgraded two dead ends blow off to 4”
• Replaced carbon at Wells 28 & 38 for two GAC tanks
WATER CONSERVATION:

September 2022 calculated residential gallons used per person per day: 97.44 • Annual average is 86.78 gallons per person per day
• Responded to 36 water conservation service requests
• I ssued courtesy notifications: 33
• Performed 0 water audits
• Delivered 71 water waste warnings and 11 water waste fines • Rebates Issued: Dishwasher: 2, Smart Irrigation: 0, ULF Toilets: 6, Washing Machine: 0, and Turf Replacements: 0
Total Rebates YTD: 83
The graph below shows our production numbers for 2020 in blue compared to 2022 in purple with the water reduction target of 15% in red. For September 2022, we had a decrease of 10.73% from the September 2020 production numbers.

Water system maintenance is performed by one (1) Public Works Superintendent, one (1) Water Distribution Supervisor, one (1) Administrative Analyst, one (1) Sr. Water Distribution Operator, eight (8) Water Distribution Operators, two (2) Field Service Technicians, and two (2) part-time Water Conservationists.

Approved by: _____________________________
Alex Terrazas, City Manager
ITEM 5a
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: October 24, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (
209) 538-56 17

SUBJECT: Resolution No. 2022-134, Awarding a Pest Control Service Contract to Animal Damage Management, Inc., and Authorizing the City Manager to Execute the Contract

RECOMMENDED COUNCIL ACTION:

Staff recommends Council award a contract for pest control services to Animal Damage Management, Inc. (ADM) for pest control needs of the City’s buildings and grounds.

I. BACKG
ROUND:

The contract for pest control services for City buildings and grounds has been held with ADM for the past seven years and recently expired. Burrowing rodents are a continued liability for the City due to the quantity of gopher holes throughout parks , if they are not managed properly. It is also a health and safety mandate to have food preparation areas treated monthly . A Request for Proposals (RFP) was posted and bids were due on September 22, 2022.

II. RE
ASONS FOR RECOMMENDATION:

Bids were received from two companies with the proposal summary below . C ompanies subscribed to the Bid & RFP Opportunities contact list on the City website were automatically notified of the RFP. ADM was the lowest responsible and responsive bidder.

Not only is the bid received from ADM more fiscally responsible, but with their ongoing experience with the City, staff believes they remain the most qualified to continue achieving the standard of work necessary for successful pest control services.

ITEM 6

III. F ISCAL IMPACTS:

Funds are appropriated and budgeted annually in the approved F acilities account (679.41.299), Parks accounts ( 100.40.299) and (266.40.299), Streets account (567.30.299), and Wastewater account (567.25.299).

IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Ensure the community has adequate, well -maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, and facilities) that fosters a quality community and supports a strong economy.

V. P
OLICY ALTERNATIVES :

Council can decide not to approve the pest control contract and put the City at risk of health and safety liabilities and violations.

VI. I
NTERDEPARTMENTAL CO ORDINATION:

N/A

VII. P
UBLIC PARTICIPATION:

N/A

ITEM 6
VIII. ENVIRONMENTAL REVIEW:

N/A

IX. ST EPS FOLLOWING APPROVAL :

Following Council approval, the Finance Director is to make the appropriate accounting entries and the City Manager may proceed with executing the contract.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Contract Agreement

2. Resolution 2022-134

ITEM 6
ITEM 6
RESOLUTION NO. 2022-134

AWARDING A PEST CONTROL SERVICE CONTRACT TO ANIMAL
DAMAGE MANAGEMENT, INC. AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, it is necessary to treat the City’s buildings and grounds for pests and burrowing rodents; and

WHEREAS, request for proposals were posted to the City website; and

WHEREAS, the City received two responses to the request for proposals with Animal Damage Management, Inc. being the lowest, responsive bidder; and

WHEREAS, funds are appropriated annually in the approved Facilities, Parks, Streets, and Wastewater budgets; and

WHEREAS, staff recommends approving a three year contract term with Animal Damage Management, Inc. for pest control services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award a pest control service contract to Animal Damage Management, Inc. and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of October 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State o
f California, this 24th day of October 2022, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Animal Damage Management, Inc., hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

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

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

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

ITEM 6

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

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

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

ITEM 6

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

7. TERM OF AGREEMENT
This Agreement shall be effective November 1, 2022, and will continue in effect until October 31, 2025, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit A. The total compensation to CONTRACTOR shall not exceed Two Hundred Thirty-Two Thousand Seven Hundred and Twenty Five Dollars ($232,725.00) unless the Parties mutually agree in writing ITEM 6
otherwise.

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

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

The Contract Officer’s decision shall be final.

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

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct ITEM 6
business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

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

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

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

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

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

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or ITEM 6
necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost sha ll be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

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

18. INDEPENDENT CONTRACTOR
All acts of CONTRACTOR, his agents, officers, and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

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

CONTRACTOR shall determine the method, details and means of performing the work and services to be provided by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement.

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in ITEM 6
fulfilling the terms and obligations under this Agreement.

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

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

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

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR:

Name: ADM, Inc.

Address: 16170 Vineyard Blvd., #150
Morgan Hill, CA 95037
Attention: Steve Aguilar
Phone: ( 408)234-4602

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

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

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

21. TERMINATION OF AGREEMENT
ITEM 6
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

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

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

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

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

Termination by CITY for Change of CONTRACTOR'S Tax Status ITEM 6
If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

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

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

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

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

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not ITEM 6
limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

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

24. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

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

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

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

CONTRACTOR agrees to retain reports, records, documents, and files ITEM 6
related to charges under this Agreement for a period of four (4) years following the date of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

28. CONTRACT BONDS
CONTRACTOR shall provide in accordance with Sections 3247 and 3248 of the California Civil Code a payment bond for not less than 100% of the Agreement price. CONTRACTOR shall also provide a faithful performance bond for not less than 100% of the Agreement price. All bonds must be executed by a corporate surety licensed to conduct business in the State of California and approved by the CITY.

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

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

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

31. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and ITEM 6
subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

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

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

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

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

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

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

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party ITEM 6
entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

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

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

Typed name/title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk
ITEM 6

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONTRACTORS

Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$2,000,000 per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.

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

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

ITEM 6

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 6

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

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

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

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

Acceptability of Insurers

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

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 6

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

Subcontractors

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

ITEM 6
ITEM 6
SCO

PE OF SERVICES
CIT

Y BUILDINGS
Fur
nish all materials and equipment required to perform effective pest control for all insects and rodents. Pay special attention to insects in the kitchen and birds on the roof areas for all buildings or properties of the City of Ceres. The frequency of treatment will vary depending on building or area being treated including monthly applications in food preparation areas. The primary treatment areas will be the exterior of the buildings listed, (Exhibit A-1 and A-3); however, it may be required to treat the interiors on an as needed basis due to infestation or pest activity. Should an infestation occur between treatments, an additional treatment will be required on an as needed basis at no additional charge.

The Whi
tmore Mansion (Exhibit A-2) will need to have lawn areas sprayed as needed in summer months for mosquitos. Please quote price per monthly treatment and annual price for five monthly summer applications.

PARKS
Speci
al attention to gophers and moles on all landscaped, irrigated, and maintained areas at the City of Ceres parks locations (Exhibit B). All locations shall be inspected regularly twice per month and treated as needed for gophers and squirrels. Should any gopher and or squirrel issues arise between visits, contractor shall return to perform additional treatments at no additional charge.

ORM DRAINS/PONDS
Speci
al attention to gophers, squirrels, rodents, and insects including all spiders at the City of Ceres Storm Drains/Ponds (Exhibit C). Access must be provided to gated area by the City of Ceres. Should an infestation occur between treatments an additional treatment will be required on an as needed basis at no additional charge.

STEWATER

EXHIBIT A
ITEM 6
Special attention to gophers at the Wastewater Treatment Plant in area specified on the map (Exhibit D). Should any pest issues arise between visits, contractor shall return to perform additional treatments to a specific location up to five times a month.

Pe
sts include but are not limited to, insects, spiders, beetles, roaches, rodents, pigeons, squirrels, lawn fungus or any other type of unwanted infestation.

EXHIBIT A
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: October 24, 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. 20 22-135, Awarding a Contract to TK Elevator Corporation for Elevator Maintenance Services and Authorizing the City Manager to Execute the Contract

RECOMMENDED COUNCIL ACTION:

Staff recommends Council award the Elevator Maintenance Service contract to TK Elevator Corporation in the amount of $9,360.00 and authorizing the City Manager to execute the contract.

I. BACKGROUND:

The City has two elevators; one is located in the Public Safety Building and the other is located at the Community Center. California Title 8, Division of Industrial Safety, Subchapter 6 for Elevator Safety O rders, requires quarterly, semi -annual, and annual testing and certifications for safe operations of elevators. The most recent elevator maintenance contract has expired.

II. REASONS FOR RECOMMENDATION:

Requests for Proposals (RFP) were posted to the City website and bids were due September 22, 2022. One responsive bid packet was received (from TK Elevator Corporation) with a total amount of $9,360.00 over a three-year contract term.

III. FISCAL IMPACTS:

Funds are appropriated annually in the approved Facilities Operations Budget (679.41.299).

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

ITEM 7
Ensure the community has adequate, well -maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to re-bid the project or reject the bids and leave the City in non-compliance with State Elevator Inspection guidelines.

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, the Finance Director is to make the appropriate accounting entries and the City Manager is to execute the contract.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Contract agreement

2. Resolution 2022-135

ITEM 7
RESOLUTION NO. 2022-135

AWARDING A CONTRACT TO TK ELEVATOR CORPORATION FOR

ELEVATOR MAINTENANCE SERVICES AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City has two elevators that require quarterly, semi-annual, and annual testing and certifications for safe operations in the state of California; and

WHEREAS, requests for proposals were posted to the City website; and

WHEREAS, one responsive bid was received from TK Elevator Corporation in the amount of $9,360.00; and

WHEREAS, funds are appropriated annually in the approved Facilities Operations Budget 679.41.299; and

WHEREAS, staff recommends approving a three year contract with TK Elevator Corporation for the maintenance of both elevators.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award a contract to TK Elevator Corporation for elevator maintenance services and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of October 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_______________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State o
f California, this 24th day of October 2022, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and TK Elevator Corporation, hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

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

ITEM 7

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit B. The total compensation to CONTRACTOR shall not exceed Nine Thousand Three Hundred Sixty Dollars ($9,360.00) unless the Parties mutually agree in writing otherwise.

ITEM 7

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

The Contract Officer’s decision shall be final.

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional ITEM 7
capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to ITEM 7
modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

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

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

ITEM 7
If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

FOR CONTRACTOR:

Name: TK Elevator Corporation
Address: 940 Riverside Pkwy, Ste 20
West Sacramento, CA 95605
Attention: Thomas Krimmel
Phone: (916) 213-2730

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

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

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

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
ITEM 7
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements ITEM 7
of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

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

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to ITEM 7
procure and maintain a policy of insurance.

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

CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date ITEM 7
of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

31. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and ITEM 7
applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

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

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

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

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

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating ITEM 7
such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

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

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

Typed name/title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk
ITEM 7

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

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

ITEM 7

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

Other Insurance Provisions

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

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

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

Waiver of Subrogation

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

Acceptability of Insurers

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

Verification of Coverage

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

Subcontractors

ITEM 7
ITEM 7

SCOPE OF SERVICES
Prov
ide service and maintenance of the elevators located at the Ceres Community Center and Police Department (Public Safety Building).
• Conv
eyance Number: 083488 Unit ID or Serial # E-93543
located at Ceres Public Safety Building, 2727 Third Street, Ceres, CA. 95307 • Conv
eyance Number: 152790 Unit ID or Serial # EX8857
located at Ceres Community Center, 2701 Fourth Street, Ceres, CA. 95307 Thi
s Scope of Services includes tasks to be completed to assist the City with service and maintenance of its existing elevators. Items within this scope include:

1. Pr
eventive Maintenance Program

2. Full coverage parts repair and replacement

3. Load testing

4. Smoke testing

5. 24 Hour telephone service for emergency call service Sp
ecifications:

1. Prev
entive Maintenance Program
a. Control and Landing position systems
b. Signal fixtures
c. Machines, drives, motors, governors, sheaves, and wire ropes d. Power units, pumps, valves, and jacks
e. Car and hoist way door operating devices and door protection equipment f. Load weights, car frames and platforms, and counterweights g. Safety mechanisms
h. Lubricate equipment for smooth and efficient performance i. Adju st elevator parts and components to maximize performance and safe operations

EXHIBIT A
ITEM 7

2. Ful
l coverage parts repair and replacement
a. Contractor shall provide full coverage parts repair and or replacement for all components within the 2 elevators found worn due to normal wear b. All replacement parts shall be new or refurbished and meet quality standards c. Contractor shall re-lamp all signals as required during visit

3. Load T
esting
a. Perform annual load testing as per State of California regulations

4. Sm
oke Testing
a. Perform annual smoke and fire alarm testing as per State of California regulations outside of normal operating hours

5. 24- H
our telephone service for emergency call service
a. Contractor must be able to respond to emergency calls 24/7 with trained staff to make any repairs necessary to continue the operation of the elevator system

EXHIBIT A
ITEM 7
Elevator Services
Bid Summary
Description Cost
Annual Cost
Monthly rate
Scheduled time hourly rate
Scheduled overtime hourly rate

Emergency call out hourly rate
Materials markup (Note % Markup)
$260.00
10%
$275.00
$275.00
$275.00
$3,120.00

EXHIBIT B
ITEM 7
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: October 24, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (
209) 538-56 17

SUBJECT: Resolution No. 2022-136, Appropriating $10,000.00 from Water Contract Services for the Turf Removal Rebate Program

RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve an appropriation of $10,000.00 for the Turf Removal Rebate Program.

I. BACKG
ROUND:

On March 28, 2022, Governor Newsom and the Water Board put into law Executive Order N-7-22 which included an emergency regulation that bans using potable drinking water on decorative or non- functional turf and mowed grass at commercial, industrial, and institutional properties. This includes areas like the grass in front of , or next to, large commercial buildings and common areas managed by homeowners’ associations. The ban did not include watering grass used for human recreation or other community activities, watering residential grass , or watering trees. The ban also did not prohibit the use of recycled water for irrigation of non-functional turf. Additionally, this ban is intended to result in a 10% – 20% water use savings.

This new mandate is now focused on commercial irrigation usage, when in the 2015 orders they were for single family homes. The outreach for the turf rebate program has assisted businesses in complying with the new regulation.

City of Ceres turf removal rebate program is offered to all accounts that are served by the City of Ceres water system to reduce outside consumption and meet goals set by the State Water Resources Control Board.

The program has been utilized mostly by single family resident (SFR) and multi -family resident (MFR) accounts since the program began in 2015. Usage has only increased from 2016 – 2021 by 1% for SFR and MFR accounts, which were the primary focus for ITEM 8
conservation during the last major drought. To date, two commercial properties and five SFR’s have applied for the rebate, and we expect more to apply by the end of calendar year 2022.

II. RE ASONS FOR RECOMMENDATION:

Single family residents are eligible for a rebate up to $500.00 and all other accounts up to $1,000.00. Since the new ban took effect , more commercial properties have taken advantage of the program to meet state regulations and mandates. The approved budget for fiscal year 2022/ 2023 is $5, 000.00 with only $500.00 sti ll available. The additional appropriation for the turf removal rebate program will allow the City to offer additional assistance to 20 SFR accounts or 10 commercial properties, or a combination of both.

III. F ISCAL IMPACTS :

Staff requests a budget amendment , attached hereto as Exhibit A, from Water Fund Reserves to account 527.36.026405 Promotional Activit ies-Turf Rebates for this appropriation.

IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :

Ensure the City has plans and policies in place to attract and create desirable development, maintain, and improve neighborhoods and annex land to achieve a livable community and support a strong economy.

V. P
OLICY ALTERNATIVES :

Should Council decide not to approve the appropriation, only $500.00 will be available in the program for the remainder of the fiscal year.

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A

VII. P
UBLIC PARTICIPATION:

N/A

VIII. EN
VIRONMENTAL REVIEW :

N/A

IX. ST
EPS FOLLOWING APPROVAL:

Upon approval from Council, the Finance Director is to make the appropriate accounting entries.

ITEM 8

Approved by: ________________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution 2022-136

2. Budget Amendment

ITEM 8
ITEM 8
RESOLUTION NO. 2022-136

APPROPRIATING $10,000.00 FROM WATER CONTRACT SERVICES

FOR THE TURF REMOVAL REBATE PROGRAM

THE CITY COUNCIL
City of Ceres

WHEREAS, the turf rebate replacement program was implemented to meet state mandate conservation efforts; and

WHEREAS, the State Water Resources Control Board has put into law Executive Order N-7-22, to include a ban on using potable water on decorative or non- functional turf, mowed grass at commercial, industrial, and institutional properties; and

WHEREAS, staff is requesting a budget amendment from Water Contract Services account 527.35.029900 to Water Conservation account 527.36.026405 in order to assist more residents with meeting the new ban by Executive Order N-7-22; and

WHEREAS, this appropriation will offer assistance to an additional 20 single family resident accounts, 10 commercial accounts, or a combination of both.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby appropriate $10,000.00 from Water Contract Services for the Turf Removal Rebate Program.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of October 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2022-136, dated October 24, 2022 authorizing the appropriation of additional funds for the Turf Removal Rebate Program as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Promotional Activities 527 36 026405 $10,000.00

Requested Appropriation $10,000.00
2022 - 2023 Current Appropriation $5,000.00
Total Appropriation $15,000.00

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:

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: October 24, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
Nubia Goldstein, City Attorney
CONTACT: Nubia Goldstein, City Attorney, [email protected] Fallon Martin, City Clerk, [email protected] SUBJECT:

Resolution 2 022-137, A uthorizing the City to Continue Teleconferenced Pub lic Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment

RECOMMENDED COUNCIL ACTION:

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

I. BACKG
ROUND:

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

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

ITEM 9
II. REASO NS FOR RECOMMENDATION:

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

As multiple variants have surged in California, the legislature has taken action to extend the COVID -19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional s afeguards. AB 361 a llows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:

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

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

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

• Allow the public to access the meeting and require that the ag enda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions. • In each instance when the local agency provides n otice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physi cal location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the ITEM 9
m
eeting to the public using the call-in or internet-based service option or is within the local ag ency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions). • Not require comments be submitted in advance (though the le gislative body may pr ovide th at as an option) and provide the opportunity to comment in real time.
• Provide adequate time for public comment, either by establishing a timed public comment per iod or by allowing a reasonable amount of time to comment.
• If the legisla tive b ody uses a third- party we bsite or platform to host the teleconference, and the third- party service requires users to register to participate, the legislative body must provid e adequate time during the comment period for users to register a nd may not close the registration comment period until the comment period has elapsed.

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

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

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

Since Ja nuary of 2021, the C eres C ity Council me etings h ave been held with virtual hybrid teleconference components. The City Council Chamber is open for public attendance and allows for public participat ion through a virtual environment. On October 11, 2021, the Ceres City Council adopted Resolution No. 2021-101 authorizing the City to implement telec onferenced public meetings pursuant to Assembly B ill 361. This allowed the City to continue a hybrid vir tual meeting environment. The legislative body must now conduct the 30-day review and make the n ecessary f indings to cont inue to meet in a virt ual hybr id environment.

III. F
ISCAL IMPACTS :

There is no fiscal impact.

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

N/A

V. P
OLICY ALTERNATIVES :

N/A

VI. I
NTERDEPARTMENTAL COORDINATION:

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

VII
. PUBLIC PARTICIPATION:

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

VIII.

E NVIRONMENTAL REVIEW:

N /A

IX.

STEPS FOLLOWING APPROVAL:

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

Prepared by: _______________________________
Nubia Goldstein, City Attorney

Submitted by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution 2022-137

ITEM 9
RE
SOLUTION NO. 2022-137

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

THE CITY TO CONTINUE A HYBRID VIRTUAL MEETING

ENVIRONMENT

THE CITY COUNCIL
City of Ceres

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

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

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

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

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

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

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

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

WHEREAS, because of the ongoing health risks associated with the rapid spread of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings and there is a need to continue the virtual hybrid meeting environment.

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

ITEM 9

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

a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions /Committees, as well as staff and members of the public, from meeting safely in person; and
c. State and local officials continue to recommend measures to promote social distancing.

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

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

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of October 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Fallon Martin, City Clerk
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: October 24, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2022-138, Awarding a Professional Design Services Contract for Smyrna Park Improvements Project to O’Dell Engineering and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council award a contract for the Smyrna Park Improvements Project to O’Dell Engineering in the amount of $261,869.92 and authorize the City Manager to execute the contract.

I. BACKGROUND:

City of Ceres was among the applications awarded the Clean California Local Grants Fund (CCLGP), a state program administered by the California Department of Transportation (Caltrans). The grant funding is intended to decrease litter and graffiti , improve, and beautify local streets, parks, pathways, and other public spaces and increase community engagement. Smyrna Park was identified as a popular park in the city where improvements and beautification to the park will significantly improve park safety, increase space for more community events, and improve access to park amenities. The project is estimated to be $3,283,041, including the City’s 12 % local match. The project schedule estimates 100% PS&E on May 2023; construction begins in September 2023; construction completed on April 2024; and project closeout October 2024.

II. REASONS FOR RECOMMENDATION:

Proposals for the professional design services were publicly solicited on August 25, 2022, with bids due September 20, 202 2. The City received one proposal fro m O’Dell Engineering. The O’Dell proposal includes 8 tasks. Public Outreach (task 2) includes two events. The first event will identify community park needs and issues. An online survey will also be available for public input. The second event will take place at 30% PS&E stage ITEM 10
and will include the preliminary design based upon the results at the first public outreach.

The results will consist of an outreach summary narrative, sign-in logs, event photos, and survey tallies. Both events will be advertised through electronic exhibits (flyers and posters), city website and social media event postings.

After discussions with Caltrans on procurement requirements, review of the grant schedule deadline, review of the proposal and fee from O’Dell Engineering , City staff is recommending to award the contract to O’Dell Engineering. Attached is a copy of the City’s request and approval from Caltrans for a non- competitive determination due to the City receiving only one proposal.

III. FISCAL IMPACTS:

This project was included and programmed in Fiscal Year 2022/23 - Capital Improvement Plan (CIP) in account number 253.95.800500 for $37,50 0.00 and 268.95.800500 for $262,500, totaling $300,000 budgeted for design service.

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 and well-maintained infrastructure.

V. POLICY ALTERNATIVES:

Council can choose to direct staff to reject the proposal and re-solicitate for the project design.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

The public was engaged during the application process. Public outreach on design will be conducted at a later date.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Execute the contract with O’Dell Engineering and issue the Notice to Proceed.

Approved by: _______________________________
Alex Terrazas, City Manager

Attachments:

1. Caltrans approval of Non-Competitive Determination Request

2. Contract Agreement

3. Concept Drawing
ITEM 10
RESOLUTION NO. 2022-138

AWARDING A PROFESSIONAL DESIGN SERVICES CONTRACT FOR
SMYRNA PARK IMPROVMENTS PROJECT TO O’DELL

ENGINEERING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City was awarded t he Clean California Local Grants Fund (CCLGP) for the Smyrna Park Improvements Project from the state; and

WHEREAS, proposals for design services soliciting for the Smyrna Park Improvements Project were due September 20, 2022; and

WHEREAS, the only proposal received was from O’Dell Engineering; and

WHEREAS, Caltrans approved the City’s request for a Non- Competitive Determination as only one proposal was received after soliciting the request for proposals; and

WHEREAS, City staff has reviewed and finalized the proposal with O’Dell Engineering and recommends the contract be awarded for $261,869.92; and

WHEREAS, the Smyrna Park Improvements project was programmed in the FY 2022/23 Capital Improvement Program in account number s 2 53.95.800500 and 26895.800500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award a professional design services contract f or Smyrna Park Improvements Project to O’Dell Engineering and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of October 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10
Parminder Singh
10/10/2022
ITEM 10
ITEM 10

The City did not receive any request for information or clarification during the advertisement. No addendums were issued for the RFP. On September 20, 2022, the City received ONE proposal in response to the RFP. Due to the lack of responses, city staff reached out to some of the consultants previously notified to inquire about their lack of interest and response to the RFP. The following responses were provided:
• Our firm is focused on civil engineering design and construction management services for water, wastewater, drainage utility projects. Since the Smyrna Park Improvements projects involves recreational and civil site design, this was not a project we chose to pursue. • The Landscape Architect being considered for the project was unable to provide a proposal in time for the deadline listed in the RFP as well as completing the design work. • We do not have landscape architect on our team to complete the design work in the RFP.

The one proposal the City received is from a local consultant the City has used in the past. The consultant has in-house landscape architects, civil engineering, land surveying and public outreach professionals that will be able to design the project within the time frame of the grant. They have worked on many projects design in the City/Region and are knowledgeable with public design standards and improvements. More specifically, they have landscape architects as part of the team who have in-depth knowledge and experience in Park development and enhancement.

Re-bidding the RFP will add 2 months to the schedule (See original schedule below) which will minimize any future contingency time available for the entire project.

CURRENT MILESTONES (Re-bidding will shift the dates back by approximately 2 months) • Award/NTP Contract: November 2022
• 100% PS&E Completion – Ready to List: May 2023
• Award Contract/Begin Construction: September 2023
• Construction Complete: March-April 2024
• Non-Infrastructure Complete: May 2024
• Project Closeout/Final Report by: October 2024
ITEM 10
Based on the time constraints of the grant fund, the current climate of resource shortages in professional services locally and state-wide, the specific responses provided by some of our consultants, and lack of overall responses received from the solicitation, we strongly feel that re-bidding the project will not result in more bids or a better proposal. It will also result in a time schedule that will reflect critical paths for every milestone listed above and will minimize any time contingency in the schedule (i.e., Potential of rebidding the Construction contract or extending bid due dates, delays in the construction contract) For the reasons listed above, the City is requesting Caltrans approval for the A&E Noncompetitive Determination and allowing the City to move forward with award of the contract, after negotiations, to the Consultant who submitted a proposal. We would appreciate your review and response at your earliest convenience as time is critical.

ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10

3. project understandIng, approach, & scheduLe

Scope of Work
Task 1: Project Management
• Tight and frequent project management is of utmost importance to keep this tight project timeline on schedule. O’Dell Engineering is very familiar and has a strong track record for providing close and frequent communications with Clients and being responsive to Clients’ needs in a timely fashion from start to finish.

• The following project management tasks at a minimum are expected to include:
» Close and frequent communication with project team, both internal and subconsultants. » Project schedule, budget, and deliverables will be frequently reviewed and updated as needed. » Invoice review and oversight, including all subconsultants and vendors. » Assist City with miscellaneous Caltrans grant coordination support. • O’Dell will assign an experienced landscape architect familiar with City of Ceres and state standards as a dedicated Quality assurance/quality control (QAQC) specialist to ensure all submittal package s are reviewed and updated prior to each submittal. • O’Dell Engineering will attend and conduct an initial kick-off meeting with City and key design team staff. An agenda will be sent out prior and meeting minutes will follow the meeting. • Following the outreach meetings described in task 2 below, O’Dell will attend and conduct one progress meeting for the design submittal and at each improvement plan submittal phase. • Assumes one meeting per submittal = five (5) total.

Task 2: Public Outreach
• Completing the first public outreach meeting as early as possible following project kick -off will identify any community park needs/ issues and set this project on the right track moving into the preliminary design plans. Per the project schedule, providing the first meeting in addition to providing an online survey should allow for the majority of those who wish to attend and/ or comment the opportunity to do so.
» O’Dell will attend the outreach meetings with the City and answer questions during the event. • O’Dell will coordinate closely with the City and provide outreach support through the electronic creation of exhibits such as flyers and posters for printing, web, and social media event postings.

Development of questionnaire docs and online survey postings, monitoring, and tallies will be prepared.
• The timing of the second event will be closely coordinated with the City and will take place after the 30% design development level plans have been prepared. The prepared preliminary design, based on community feedback from the first workshop and in accordance with the overall grant goals, will be presented to the City. This workshop will discuss recorded items that came from the first meeting and which items were implemented. Project scheduling will be shared as well. • To close out the outreach process, O’Dell Engineering will provide a summary package of outreach meeting results containing items such as an outreach summary narrative, sign in logs from both events, event photos, survey tallies, etc.

Task 3: Preliminary Investigation & Topographic Survey
• Perform topographic survey of all hardscape and softscape, including grade breaks, high points, and low points. In flat areas, measure spot elevations in a grid pattern at 50 -foot intervals. • Locate surface-visible utility features and improvements, such as signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, irrigation heads, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes. • All trees will be located and diameter/drip line will be noted.

ITEM 10
• At manholes and accessible structures measure invert elevation of all gravity storm drains and sewer pipes. Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, O’Dell Engineering shall indicate by notation on the mapping deliverable. • Draft client-provided utility records and incorporate into topographic map. • Prepare topographic map at a 1” = 20’ scale.

Deliverables
• Digital copy of the topographic survey drawing in AutoCAD Civil 3D 2020 format • PDF copy of topographic survey on O’Dell titleblock
Task 4: Geotechnical Investigation/Reports
Investigation
• Crawford & Associates will complete hand auger borings, Dynamic Cone Penetrometer (DCP), non-Standard Penetration Testing (nSPT), test borings with a drill rig subcontractor, and laboratory testing to complete sampling and testing to develop recommendation s for the proposed improvements.
• Coordination and Preliminary Review will include:
» Geotechnical coordination with the design team to review the preliminary plans and discuss the project.
» A site visit to determine and mark boring locations for Underground Service Alert (USA). » Obtaining the required boring permit.
» Scheduling the drilling subcontractor and field staff. » Supporting design needs, goals, and schedule.

Subsurface Exploration
• To characterize the subsurface conditions and obtain soil samples for laboratory testing, they will complete two test borings to depths of 15 to 25 ft near the shade structure area and about 10 hand auger borings to depths of 5 to 15 ft near the parking lot, retaining walls, concrete walkways, and light pole foundations. The 10 hand augers will consist of three dynamic co ne penetrometers and three nSPT with hand equipment, located near proposed light poles and seven hand augers throughout the park to obtain bulk samples. • Crawford’s Engineer/Geologist will direct the sampling and log the boring. At a minimum, they will sample at 5-foot intervals. They will deliver the samples to the laboratory for evaluation and testing. The drilling contractor will advance the borings with a rubber -tired, truck-mounted drill rig using 6-to 8-inch-diameter hollow and solid stem augers. Stand ard Penetration Testing (SPT) and Standard California sampling will be performed within the borings to obtain samples and blow count information. The borings will be backfilled according to the County permit requirements.
• The DCP and nSPT will be driven with hand-operated equipment to a maximum depth of 15 ft or refusal. The DCP will be driven continuously and the nSPT will be complete at specified intervals. Crawford’s Engineer/Geologist will direct the sampling and log the borings. At a minimum, they will obtain bulk samples and drive nSPT samples every 3 to 5 ft at each test location. They will deliver the samples to the laboratory for testing. Visual soil classification will be performed on all samples. Hand auger locations will be backfilled with native material and/or sand.

Infiltration Rate Testing
• Following the completion of the subsurface exploration, Crawford will perform infiltration rate testing at 3 to 4 locations.

ITEM 10

3. project understandIng, approach, & scheduLe

• The infiltration rate depths will be determined based on the proposed site grades and the soil conditions encountered in our subsurface exploration. For this proposal, we assume that the infiltration rate tests will be located approximately 5 to 10 ft below existing grade. Crawford’s Engineer/Geologist will perform the infiltration rate tests in the field usin g the constant or falling - head test method.

Laboratory Testing
• Crawford will perform laboratory tests on representative soil samples obtained from the exploratory borings that may include:
» Moisture content and dry density
» Grainsize analysis and plasticity index testing
» Expansion potential
» Unconfined compression
» Max density curve
» Sand equivalent
» R-Value
» Landscape suitability
Geotechnical Report
• Crawford will perform engineering analysis and prepare a geotechnical report containing the following:
» Project description
» Summary of subsurface exploration and subsurface conditions » Infiltration rates
» Laboratory test results
» CBC seismic design parameters for structures (non-site specific) » Foundation recommendations for shade structures and retaining walls including minimum depth/width/ diameter, allowable support, lateral soil resistance, skin friction, and settlement estimates
» Recommendations for grading and construction, including ground preparati on, materials excavation, stability and placement, compaction, trench backfill compaction, and OSHA soil types for use by the design team
» Pavement section recommendations
» Minimum unreinforced flatwork sections
» Risk management and limitations
» Vicinity map
» Site plan with boring and infiltration test locations » Boring logs with laboratory test results

Plan Review
• Crawford will coordinate with the design team for concurrence with the recommendations in the Geotechnical Report.

Deliverables
• Electronic submittal of 8.5x11 Geotechnical Report in PDF Format • Hard copies in 24x36 format (as requested)
• Hard copies in 11x17 format (as requested)

Task 5: Design Improvement Plans (PS&E)
30% Design Development
ITEM 10
Based upon the awarded grant submittal design prepared by O’Dell Engineering with the City, the 30% design development plans will include supporting imagery and site -specific drawings with enough detail to provide planning level estimated costs of construction. Preliminary plans may include the following:
• Cover Sheet
• Grading Intent Plan
• Utilities Intent Plan
• Landscape Layout Plan
• Irrigation Intent Plan
• Planting Intent Plan
• Preliminary landscape sections/elevations
• Preliminary landscape details
• Electrical site design intent
• Supporting precedent imagery
Additional services will include:
• Preliminary Cost Opinion
• New electrical service coordination with Turlock Irrigation District (TID) • Response to Client feedback
• Project coordination with subconsultants
PS&E
Following approval of the design development package the O’Dell design team and Pezzoni design team will prepare 70%, 100%, and 100% final and complete civil, landscape, and electrical improvement plans for review and comment. All plans will be consistent with the most recent additions of CBC, CALGreen, the State of California Water Efficiency Ordinances, Title 24 requirements, and all requirements for AHJ.

Plans will include the following:
• Cover sheet including project data
• Project data
• Notes sheet
• Demolition plans (based off topographic survey base file and existing conditions provided by O’Dell)
• Erosion control plans
• Grading plans
• Utility plans
• Horizontal control plans
• Signage & striping plans
• Civil improvement details
• Site features and finishes plans
• Irrigation plans including irrigation layout to conform to City and state MWELO requirements, irrigation water use calculations (MAWA/EWU), and irrigation schedule (pre and post establishment)
• Planting plans in conformance to MWELO requirements with planting legend • Landscape construction details including custom site furnishings, pavement, etc., standard irrigation details, and standard planting details
• Electrical notes
• Electrical demolition plan
• Electrical site plan
• Electrical photometric analysis
ITEM 10

3. project understandIng, approach, & scheduLe

• Electrical details
• Electrical Title 24 calculations
• Cost opinion (at each submittal phase)
• Stormwater Pollution Prevention Plan (SWPPP)
» Prepare registration documents including risk assessment, site maps, and NOI. » Prepare a site -specific Stormwater Pollution Prevention Plan with submission to State Water Board.

Additional services will include:
• Response to Client feedback
• Project coordination with subconsultants

Deliverables
• Electronic submittals in PDF & ACAD format
• Hard copies in 24x36 format (as requested)
• Hard copies in 11x17 format (as requested)
• One (1) Hard copy of SWPPP binder

Task 6: Bidding & Award
• Attend pre-bid meeting.
• Coordinate and respond to Requests for Information (RFIs) from contractors on the project plans.
• Review, respond, and make plan and technical specification revisions where needed and coordinate with City to issue addenda.

Deliverables
• Electronic copies in PDF format

Task 7: Additional Tasks (CA Services)
• Attend pre-construction meeting.
• Coordinate and respond to Requests for Information (RFIs) from contractors on the project plans.
• Review and respond to submittals from contractors for material use within the project. • Review and respond to potential change orders, including minor plan changes. • Complete As-built record drawings at the end of construction based upon contractor markups. • Attend punch walk and prepare and provide punch list memorandum. • Site observation (3 site visits max).

Deliverables
• Electronic copies in PDF format

Task 8: Additional Tasks (Outreach/Coordination Meetings/Art Program) May include the following additional items outside of Tasks 1 - 7:
• Additional outreach efforts.
• Additional coordination meetings.
• Additional project progress meetings.
• Art program support (to be further coordinated with City).

ITEM 10
Client to Provide:
• All agency fees
• Soil laboratory fees (if necessary)
• USA requests, if appropriate
• Client program
• Grant documentation

Limitations/Assumptions:
• Scope and cost estimates are based upon Client direction and grant requirements.
• Does not include structural calculations for structures. • Does not include joint trench improvement plans. or traffic control plans.
• Does not include Stormwater Quality Control Plan.
• Does not include fees, permits, or processing of permits. • Includes one round of revisions. Additional revisions will be billed hourly based upon the attached fee schedule.
• CAD deliverables will be prepared using the software noted above. Client shall verify compatibility prior to the start of work. Additional charges and delays may apply if changes are requested after the preparation of deliverables has begun. • A survey control statement will be provided, including the location, elevation, and description of the benchmark utilized, as well as a horizontal survey coordinate table with the point number, northing, easting, and description for at least three (3) points.
• Obstructed or inaccessible areas may not be mapped.
• Scope does not include mapping of shrubs or other minor vegetation.
• O’Dell Engineering makes every effort to provide accurate pipe diameter measurements. However, due to the limitations of the physical space and variations in design, pipe diameter measurements within gravity structures may vary up to 2 inches. Pipe diameters will be annotated as measured unless the client provides an alternate source of information such as as-built/record drawings or pothole data.
• Pipe inverts that are not visible and exposed at the time of the survey due to inundation with water, trash, dirt, debris, etc. may not be measured. If any such invert is required for design, an additional mobilization charge may be required and will be scheduled after the client has made arrangements with the local agency to clean out the structure.
• Scope does not include subsurface utility locating.
• Scope does not include survey monument preservation as defined and required by Section 8771 of the Professional Land Surveyors’ Act.
• Scope does not include boundary surveying as defined in Section 8726(c) of the Professional Land Surveyors’ Act. • City will be responsible for clearance of utilities not covered by USA. We cannot be held responsible for damage to
utilities not identified by the city.
• Geotechnical auger cuttings can be spread onsite.
• Geotechnical boring locations are accessible by field staff and drilling equipment.
• Geotechnical hand augers and DCP in existing park areas are feasible.
• Geotechnical mitigation of liquefaction and seismic settlement is beyond this scope of services.
• Geotechnical right of entry will be provided by others.

Note:
• Land Surveyors, Civil Engineers, Geotechnical Engineers, Electrical Engineers, and Landscape Architects are licensed by the State of California.

ITEM 10
ITEM 10
Version: 1.0
10/13/2022
Project Fees by Task
PROJECT #: M3566
PROJECT: Smyrna Park
CLIENT: City of Ceres
DATE: 9/13/2022
Principal
Chad Kennedy
Project
Manage/Landscape
Architect 1 Jesse
Grafton
Senior Civil Engineer
Mike Persak
Engineer 2
Stephanie Kong
Engineer 2
Matt Vinson
Assistant Engineer 1
Erick Prado
Assistant Engineer 1
JJ Beyronneau
CADD 2
Julissa Humphrey
Survey Manager
Scott Roberts
QA/QC Landscape
Architect 1
Tyler Fay
Public
Outreach/Landscape
Designer 3 Kat Lewis
Public
Outreach/Landscape
Designer 2 Beverly Yee
Landscape Designer 1
Jasmine Saing
Landscape Designer 1
Yasmine Cordova
Landscape Designer 1
Angelica Latina
Landscape Designer 1
Jack Liang
Landscape Designer 3
Ting Li
Surveyor 2
Zaida Munoz
Jeffrey Ahart
Jason Amderson
Nicole Gallego
Reimbursables
Reproduction Costs
Electrical (Pezzoni
Engineering)
Geotech (Crawford &
Associates)
Hours
Task Subtotal
Task Total Fee
$265.63 $88.63 $254.58 $128.92 $131.22 $69.07 $78.27 $66.76 $138.13 $95.20 $79.43 $73.67 $57.55 $58.71 $57.55 $62.16 $96.69 $80.58 $147.75 $138.82 $142.74 120 $11,372 $11,372

1.1 Project coordination, minutes, & scheduling updates 51 51 $4,520 $4,520

1.2 Invoice review & coordination 1 16 17 $1,684 $1,684

1.3 Progress meetings (6) 2 16 18 $1,949 $1,949

1.4 Caltrans coordination 20 12 2 34 $3,218 $3,218
156 $13,208 $13,208

2.1 Prepare outreach material exhibits & coordination 1 20 25 60 106 $8,444 $8,444

2.2 Outreach meetings (2) 18 30 2 500 50 $4,764 $4,764
296 $33,759 $33,759

3.1 Site Analysis 1 25 12 12 33 83 $10,274 $10,274

3.2 Topographic survey 12 21 100 40 40 213 $23,485 $23,485

3.3 0 $0 $0
6 $33,775 $33,775

4.1 Geotechnical report 6 $33,243 6 $33,775 $33,775
1339 $127,782 $127,782

5.1 30% Preliminary PS&Es 2 60 10 40 50 60 12 20 60 50 30 52 1500 $1,500 446 $40,057 $40,057

5.2 70% Preliminary PS&Es 2 50 6 30 50 60 6 20 50 60 30 40 1500 $4,500 404 $38,120 $38,120

5.3 100% Preliminary PS&Es 2 40 4 30 50 30 10 40 40 40 2 1500 $3,000 288 $29,134 $29,134

5.4 100% Final PS&Es 2 40 2 10 20 20 6 20 35 2 1500 $1,000 157 $16,690 $16,690

5.5 SWPPP 2 10 32 44 $3,780 $3,780
45 $4,488 $4,488

6.1 Bidding coordination 1 20 4 20 45 $4,488 $4,488
174 $20,415 $20,415

7.1 Pre-Construction Meeting Attendance 4 0 $2,966 4 $3,321 $3,321

7.2 Progress Meetings w/ City & Contractor (3) 12 0 12 $1,064 $1,064

7.3 RFI & Submittal review & response 2 30 2 20 12 20 86 $9,354 $9,354

7.4 Contractor Change Order coordination 1 8 2 11 $1,233 $1,233

7.5 Punch walk & memorandum 6 6 12 $1,305 $1,305

7.6 Record Drawings 8 2 20 19 49 $4,139 $4,139
163 $14,996 $14,996

8.1 Additional Outreach Efforts 2 31 9 17 59 $5,246 $5,246

8.2 Additional Coordination Meetings 2 16 18 $1,949 $1,949

8.3 Additional Project Progress Meetings 2 16 18 $1,949 $1,949

8.4 Art Program Support 2 16 25 24 1 68 $5,851 $5,851
25 541 36 158 10 32 170 190 21 46 64 77 65 170 150 60 295 100 40 40 9 0 6500 2136 $6,641 $47,949 $9,165 $20,369 $1,312 $2,210 $13,306 $12,684 $2,901 $4,379 $5,084 $5,673 $3,741 $9,981 $8,633 $3,730 $28,524 $8,058 $5,910 $5,553 $1,285 $0 $6,500 $12,966 $33,243 $259,795 $259,795 $0
$6,641 $47,949 $9,165 $20,369 $1,312 $2,210 $13,306 $12,684 $2,901 $4,379 $5,084 $5,673 $3,741 $9,981 $8,633 $3,730 $28,524 $8,058 $5,910 $5,553 $1,285 $0 $6,500 $12,966 $33,243 $259,795 2,075.04
$261,869.92

TASK/DESCRIPTION
O'Dell Engineering Subcons.

Tasks
TASK 1 - PROJECT MANAGEMENT
TASK 2 - PUBLIC OUTREACH
TASK 5 - DESIGN IMPROVEMENT PLANS (PS&Es)
TASK 4 - GEOTECHNICAL REPORTS/ INVESTIGATION
TASK 6 - BIDDING & AWARD
TASK 3 - DATA COLLECTION AND REVIEW
10-H1 Escalation
Grand Total:

TOTAL COST
CONSULTANT MARK-UP 10%

GRAND TOTAL
TASK 7 - ADDITIONAL TASKS (CA SERVICES)

TOTAL HOURS
TASK 8 - ADDITIONAL TASKS (OUTREACH/ COORDINATION MEETINGS/ ART PROGRAM) O'Dell Engineering
EST-2022-10-13-M3566 Smyrna-10H Rates.xls
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10

COUNCIL AGENDA REPORT

MEETING DATE: October 24, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

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

SUBJECT: Accepting the 2020- 2021 Measure H Financial Report for the Period Ending June 30, 2021

RECOMMENDED COUNCIL ACTION:

Staff recommends the acceptance of the 20 20-2021 Measure H Financial Report for the period ending June 30, 2021.

I. BACKGROUND:

Attached is the Measure H Annual Report on Compliance for the f iscal year ending June 30, 2021.

As noted in the Auditor’s report, the compliance audit was conducted in accordance with generally accepted audit ing standards. The auditors issued an unqualified report on the statements, meaning the statements present fairly, in all material respects, the financial position of the Measure H f und as of June 30, 20 21, in conformity with generally accepted accounting principles.

As of June 30, 2021 , Measure H Sales Tax Revenue amounted to $4,534,969. The cash reserve balance of the fund totaled $1,734, 762. The following table provides information about the expenditures:

Expenditures Description Amount
Police
Salaries & Benefits $1,505,742
Contract Services Equip. maint., training, investigations, phone
$ 351,816
Materials & Supplies Uniforms, Unit supplies $ 39,234

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
ITEM 11
Capital Outlay Autos, computer equip., tactical equip. $ 230,360

Fire

Salaries & Benefits $1,239,014
Contract Services Training, investigations, phone $ 242,909 Materials & Supplies Uniforms, Unit Supplies $ 12,923 Capital Outlay Firefighting equip., computer equip. $ 158,522

TOTAL $3,780,520

II. R EASONS FOR RECOMMENDATION:

Acceptance by the governing body of the annual compliance report is required.

III. FISCAL IMPACTS:

There is no fiscal impact.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A

V. POLICY ALTERNATIVES:

N/A

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

There are no additional requirements after Council Approval.

Approved by: _______________________________
Alex Terrazas, City Manager

Attachments:

1. Measure H Financial Report
ITEM 11

CITY OF CERES

REPORT ON COMPLIANCE WITH

STANISLAUS COUNTY MEASURE H

FOR FIRE AND POLICE PUBLIC PURPOSES
FOR THE YEAR ENDED JUNE 30, 2021
ITEM 11
City of Ceres
Measure H Compliance Report
For the year ended June 30, 2021

Table of Contents

Page

Independent Accountant’s Report on Applying Agreed-Upon Procedures…….……………………...1 Financial Statements:

Balance Sheet ................................................................................................................................... 4

Statement of Revenues, Expenditures and
Changes in Fund Balances ......................................................................................................... 5

Notes to Financial Statements ......................................................................................................... 6

Supplementary Information:

Schedule of Revenues, Expenditures and Changes in Fund Balance s - Budget and Actual ................................................................................................................... 11

Note to Supplementary Information .............................................................................................. 12

ITEM 11

7080 Donlon Way, Suite 204, Dublin, CA 94568 ● phone (925) 556-6200 ● fax: (707) 242-7392 1102 South Main Street, #1, Fort Bragg, CA 95437 ● phone (707) 964-6325 www.jjacpa.com
Independent Accountant’s Report on Applying Agreed-Upon Procedures

To the Honorable Mayor and Members of City Council
of the City of Ceres
Ceres, California

We have performed the procedures enumerated below, which were agreed to by the management of the City of Ceres (City), solely to assist you with compliance with the reporting requirements of the Stanislaus County Initiative Measure H (Initiative) requirements for the year ended June 30, 2021. The City’s management is responsible for the financial information included in this report and the compliance with the Stanislaus County Measure H Funds use of funds. This agreed-upon procedures engagement was conducted in accordance with attestation st andards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of the parties specified in this report. Consequently, we make no representation regardi ng the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose.

a. Verified the appropriateness of personnel and support costs, including equipment purchases, using the City’s policies and procedures as the standard for verification.

Findings: No exceptions were noted.

b. Determined that the Balance Sh eet and Schedule of Changes in Fund Balance are an accurate reflection of information contained in the City’s records.

Findings: No exceptions were noted.

c. Determined that revenues from the Measure H Funds for the period are included in the Schedule of Changes in Fund Balance even if they were deposited by the City after the end of the period (i.e., treats revenues from Measure H on a modified accrual basis).

Findings: No exceptions were noted.

d. Determined that personnel time charged to the program were e xpended only for fire and police services.

Findings: No exceptions were noted.

e. Determined that personnel expen ses charged to the program are limited to personnel funded by the Initiative for the purposes stated in d above.

Findings: No exceptions were noted.

ITEM 11

Page – 2 – Findings (continued)

f. Determined that direct charges to Measure H Funds are not al so included in indirect costs (i.e., space charges) also charged to the Fund.

Findings: No exceptions were noted.
g. Determined that equipment purchases made with Measure H Fund s are only for items specifically approved by the Initiative in the City’s budget.

Findings: No exceptions were noted.
h. Determined that equipment purchased with Measure H Funds is in the custody and use of the personnel funded by Measure H.

Findings: No exceptions were noted.
i. Identified non-compliance with applicable statute, regulatio n, City policy, or Initiative requirements, and any questionable or disallowed amounts received for the period.

Findings: No exceptions were noted.

Had we performed additional proc edures, other matters might hav e come to our attention that would have been reported to you.

This report is intended solely for the information and use of City management, the City Council, others within the entity, and Stanislaus County or other applicable go vernmental entities and is not intended to be and should not be used by anyone other than these specified parties.

]]TVcT? \ÇvA
March 7, 2022 JJACPA, Inc.

Dublin, CA
ITEM 11

FINANCIAL STATEMENTS
3 ITEM 11
City of Ceres
Measure H Fund
Balance Sheet
June 30, 2021

ASSETS 2021
Assets:

Cash 917,899$
Taxes receivable 837,185
Interest receivable 42
Total assets 1,755,126$

LIABILITIES AND FUND BALANC
E
Liabilities:

Accounts payable 20,364$
Total liabilities 20,364
Fund Balance:

Restricted for fire and police public services 1,734,762 Total fund balance 1,734,762
Total liabilities and fund balance 1,755,126$
The accompanying notes are an integral part of these financial statements. 4 ITEM 11
City of Ceres
Measure H Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances For the year ended June 30, 2021
2021
REVENUES:

Sales tax 4,529,152$
Use of money and property 5,817
Total revenues 4,534,969
EXPENDITURES:

Payroll and related costs 2,744,757
Contractual services 278,933
Materials and supplies 604,830
Total expenditures 3,628,520

REVENUES OVER (UNDER)
EXPENDITURES 906,449
OTHER FINANCING SOURCES (USES):

Transfers in 8,336
Transfers out (152,000)
Total other financing sources (uses) (143,664)
Net change in fund balances 762,785
FUND BALANCES:

Beginning of year 971,977
End of year 1,734,762$
The accompanying notes are an integral part of these financial statements. 5 ITEM 11
City of Ceres
Measure H Compliance Report
For the year ended June 30, 2021

Notes to Financial Statements

6 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

A. Reporting Entity

All transactions of the Measure H Fund of the City of Ceres (City) are included as a separate special revenue fund in the basic financi al statements of the City. The Measure H Fund is used to account for the City’s share of revenues ear ned and expenditures incurred u nder Measure H. The accompanying financial statements are for the Measure H Fund only and are no t intended to fairly present the financial position of the City and the results of its operations.

B. Basis of Accounting and Measurement Focus

The accompanying financial statements are prepared on the modified accrual basis of accounting.

Revenues are generally recorded when measurable and available, and expenditures are recorded when the related liabilities are incurred.

The accounting and financial re porting treatment applied to a fund is determined by its measurement focus. All governmental funds are accounted for using a current financial resources measurement focus, wherein only current assets and current liabilities gene rally are included on the balance sheet.

Operating statements of governme ntal funds present increases (r evenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets.

C. Description of Funds

The accounts are maintained using fund accounting. A fund is a separate accounting entity with a self- balancing set of accounts.

The City uses a special revenue fund to account for financial r esources received from the half cent sales tax provision of Measure H. These funds are to be used to wards salaries and benefits, and the obtaining, furnishing, operating, and/or maintaining of fire and police public services.

D. Fund Balance

Fund balance consists of only re stricted amounts. Restricted a mounts consist of resources that are subject to externally enforceable legal restrictions imposed by parties altogether outside the government.

ITEM 11
City of Ceres
Measure H Compliance Report
For the year ended June 30, 2021

Notes to Financial Statements, Continued

7 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, Continued

E. Cash and Investments

The Measure H Fund pools its cash with the City . The City pools cash resources from all funds in order to facilitate the management of cash and achieve the goal of obtaining the highest yield with the greatest safety and least risk. The balance in the pooled cash account is available to meet current operating requirements. Cash in e xcess of current requirements is invested in various interest-bearing accounts and other investments for varying terms.

Highly liquid market investments with maturities of one year or less at time of purchase are stated at amortized cost. All other investme nts are stated at fair value. Market value is used as fair value for those securities for which market quotations are readily availa ble. Interest earned on investments is allocated to all funds on the basis of monthly cash and investm ent balances. The Measure H Fund, through the City pool, participates in an investment pool manag ed by the State of California titled Local Agency Investment Fund (LAIF), which has invested a porti on of the pool funds in Structured Notes and Asset-Backed Securities (See Note 2D). LAIF’s investm ents are subject to credit risk with the full faith and credit of the State of California collateral izing these investments. In addition, these Structured Notes and Asset-Backed Securities are subject to market risk as to change in interest rates.

F. Receivables

Receivables represent the sales tax revenues due from the California State Board of Equalization.

G. Use of Estimates

The preparation of financial sta tements in conformity with accounting principles generally accepted in the United States of America requires management to make estima tes and assumptions that affect the reported amounts of assets and liabilities and disclosure of co ntingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates.

2. CASH AND INVESTMENTS

A. Summary of Cash and Investments

The Measure H Fund participates i n the City’s cash and investme nt pool that includes all other City funds, which the City Treasurer invests to enhance interest ear nings. The pooled interest earned is allocated to each fund based on average month-end and investmen t balances in these funds. The Measure H Fund had cash and investments balance of $909,984 at June 30, 2021.

ITEM 11
City of Ceres
Measure H Compliance Report
For the year ended June 30, 2021

Notes to Financial Statements, Continued

8 2. CASH AND INVESTMENTS, Continued

A. Summary of Cash and Investments, Continued

The California Government Code requires California banks and savings and loan associations to secure cash deposits by pledging securities as collateral. This Code s tates that collateral pledged in this manner shall have the effect of perfecting a security interest in such collateral supe rior to those of a general creditor. Thus, collatera l for cash deposits is conside red to be held in the City’s name. The market value of pledged securities must equal at least 110% of the City’s cash deposits. California law also allows institutions to secure City deposits by pledging fi rst trust deed mortgage notes having a value of 150% of the City’s total cash deposits. The City may w aive collateral requirements for cash deposits which are fully insured up to $250,000 by the Federal Deposit Insurance Corporation.

B. Investments

The investments made by the City Treasurer are limited to those allowable under State statutes as incorporated into the City’s Investment Policy, which is more conservative than State statutes. Under provisions of this policy, the City is authorized to invest in the following types of investments:

Medium-term Corporate Notes Government Agency Securities Certificates of Deposit Treasury Bills and Notes
Bankers' Acceptances Passbook Savings Accounts
Commercial Paper State of California Local Agency Investment Fund Repurchase Agreements

C. Risk Disclosure

Interest Rate Risk: As a means of limiting its exposure to fair value losses arisin g from rising interest rates, the City’s investment pol icy provides that final maturit ies of securities cannot exceed five years.

Specific maturities of investments depend on liquidity needs. A t June 30, 2021, the City’s pooled cash and investments had the following maturities:

Maturity Percentage of Investment
Less than one year 100%

Credit Risk: It is the City’s policy that commercial paper has a rating of “ A-1” or higher by a nationally recognized statistical ra ting organization (NRSRO) a nd have a maturity date not exceeding 180 days from the date of purchase. Medium-term notes, with a final maturity not exceeding five years from the date of purchase, must h ave a rating of A or the equiv alent by a NRSRO. Federal instrumentalities must have a rat ing of AAA or the equivalent b y a NRSRO at the time of purchase with a maximum maturity of five years at the time of purchase. LAIF has a separate investment policy, governed by Government Code Sections 16480-16481.2, that provid es credit standards for its investments.

ITEM 11
City of Ceres
Measure H Compliance Report
For the year ended June 30, 2021

Notes to Financial Statements, Continued

9 2. CASH AND INVESTMENTS, Continued

C. Risk Disclosure, Continued

Custodial Credit Risk: For an investment, custodial credit risk is the risk that, in the event of the failure of the counter party, the City w ill not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The City currently has no security investments other than LAIF.

D. External Investment Pool – Local Agency Investment Fund

The City’s investments with LAIF at June 30, 2021, included a portion of the pool funds invested in Structured Notes and Asset-Backed Securities. These investments may include the following:

Structured Notes - debt securities (other than Asset-Backed Securities) whose ca sh-flow characteristics (coupon rate, rede mption amount, or stated matu rity) depend upon one or more indices and/or that have embedded forwards or options.

Asset-Backed Securities - generally mortgage-backed securities which entitle their purchasers to receive a share of the cash flows from a pool of assets such as principal and interest repayments from a pool of mortgages (such as Collatera lized Mortgage Obligations) or credit card receivables.

The City is a voluntary participant in California Local Agency Investment Fund (LAIF), which is regulated by California Governme nt Code Section under the overs ight of the Local Investment Advisory Board (Board). The Board consists of five members as d esignated by state statute and is chaired by the State Treasurer who is responsible for day to da y administration of LAIF. The total amount invested by all public agencies as of June 30, 2021 was $37,066,592,514 of which the City had a balance of $4,511,560. LAIF is part of the California Pooled Money Investment Account (PMIA), which at June 30, 2021 has a portfolio with market valuation of $193,463,490,765. The fair value of the City’s investment in this pool is reported in the accompany ing financial statements at amounts based upon the City’s pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The bala nce available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis.

ITEM 11

10 SUPPLEMENTARY INFORMATION

ITEM 11
City of Ceres
Measure H Fund
Statement of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual For the year ended June 30, 2021
Variance
Original Final Positive
Budget Budget Actual (Negative)
REVENUES:

Sales tax 3,516,912$ 3,516,912 $ 4,529,152 $ 1,012,240 $ Investment income - - 5,817 5,817 Total revenues 3,516,912 3,516,912 4,534,969 1,018,057 EXPENDITURES:

Payroll and related costs 2,687,564 2,687,564 2,744,757 (57,193) Contractual services 371,849 328,044 278,933 49,111 Materials and supplies 617,540 710,925 604,830 106,095 Total expenditures 3,676,953 3,726,533 3,628,520 98,013

REVENUES OVER (UNDER)
EXPENDITURES (160,041) (209,621) 906,449 1,116,070 OTHER FINANCING SOURCES (USES):

Operating transfers in - - 8,336 (8,336) Operating transfers out (152,000) (152,000) (152,000) - Total other financing sources (uses) (152,000) (152,000) (143,664) -

REVENUES OVER (UNDER) EXPENDITURES
AND OTHER FINANCING (USES) 762,785
FUND BALANCES:

Beginning of year 971,977
End of year 1,734,762 $
11 ITEM 11
City of Ceres
Measure H Compliance Report
For the year ended June 30, 2021

Note to Supplementary Information

12 A. Budget

An annual budget is adopted by City Council for the special rev enue funds. The budget is the maximum authorization for spendi ng in a fiscal year. An encumbr ance system is used to record commitments and obligations incu rred throughout the year to ens ure the budget authorization is not exceeded. The budget is developed for the Special Revenue Funds using the modified accrual basis of accounting. Amendments to the a pproved budget are approved by C ity Council. Supplemental appropriations are authorized b y City Council during the year. All unencumbered budget appropriations lapse at the end of each fiscal year. Encumbrances for significant capital projects are re- appropriated as part of the follo wing year’s budget. Outstandin g encumbrances are committed in fund balance. At the fund level, expenditures may not legally exceed appropriations.

ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: October 24, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Community Development Director [email protected], (209) 538-5778
SUBJECT: Resolution No. 2022- 139, Approving a Professional Services Agreement for Professional Consulting Services with Marjorie Blom and Authorizing the City Manager to Execute the Contract RECOMMENDED COUNCIL ACTION:

Adop
t a resolution awarding a contract for professional consulting services with Marjorie Blom and authorize the City Manager to execute the contract.

I. BACKGROUND:

Thi
s resolution is to approve a one- year agreement for consulting services with Marjorie Blom in t he amount of $45,000. I t is not necessary to amend the City’s budget to accommodate this approval as it is already budgeted for the Planning Division.

The
following excerpt from the Ceres Municipal Code explains that this contract agreement is not subject to the formal purchasing procedures:

4.07 .010 – Contracting for professional services in general:
“B
ecause of their unique nature, it is in the best interest of the public, as allowed by State law, that contracts for professional services such as attorneys, architects, planning consultants, engineers, auditors, financial advisors, election service providers, public relations consultants, real estate agents and brokers, insurance and bond agents and brokers, or other professional or consultant services of a similar nature, be selected on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, negotiated between the parties at fair and reasonable prices. Contracts for such services are not required to be let to the lowest responsible bidder, nor shall they be subject to the formal purchasing procedures.” ITEM 12
Ms. Blom has been a planning consultant , contracting with the City of Ceres since 2015.

During her time as the City’s consultant, she assisted the City with the General Plan update, prepared grant applications, provided administrative support for awarded grants (CDBG, HOME, etc.), participated as staff on a variety of boards, commissions, and committees, including the preparation and presentation of staff reports, and provided consultant support for specific and master plans, annexations, and entitlement processing for new development projects, among other activities. Among the various grants she has helped win for the city, she helped secure the California River Parkways Award for the Ceres River Bluff Regional Park Lower Terrace in the amount of $489,250.00.

California Government Code Section 65588 requires cities to update the Housing Element of their General Plan at certain frequencies. The City of Ceres is due for an update to the Housing Element and Ms. Blom is prepared to assist the City with this update, as well as a variety of other technical planning related duties.

The California Environmental Quality A ct requires studies to be completed to identify potential environmental impacts that would result from proposed land use development.

Land use developers pay an application fee for these studies. Major developments often require an Environmental Impact Report (EIR), which is the final document showing the impacts and required mitigation measures. EIRs are often assembled by highly-specialized third-party environmental consultants, such as hydrologists, biologists, botanists, geologists, traffic engineers, and others. These consultants are chosen by the City.

However, developers are responsible for all expenses related to the EIR. The Planning Division is responsible for managing the third-party environmental consultants that work on EIRs. Due to current and historic workloads, this technical oversight of the third- party consultants would be best handled by a professional planning consultant, such as Ms.

Blom. The cost of this oversight is also built into the EIR fees that the developer pays.

Therefore, City funds would not be expended in the case of contracting Ms. Blom to perform project management for EIRs.

Similarly, the various grants the City applies for typically include funding to pay for the administration of the grant. Therefore, Ms. Blom’s work related to administering these grants would be reimbursable by grant funds and would not come out of the City’s budget.

II. RE
ASONS FOR RECOMMENDATIO N:

The Community Development Department operates with limited staff that consists of only five members, including the Director, a Senior Planner, a Planning Secretary , a Building Permit Technician, and an Economic Development Manager. While the staff has maintained and kept both current and long-term projects moving, the Housing Element Update and other items in the Scope of Services (Exhibit A of the Attached Agreement) are anticipated to take a significant amount of staff time and resources to accomplish. As such, staff desires to continue to contract with Ms. Blom to receive consultancy and facilitation of the Housing Element Update among other duties as defined in the Scope of Services (Exhibit A of the attached Agreement).

III. F
ISCAL IMPACTS :

A Resolution awarding the contract reflects funding already budgeted and allocated to General Consulting Services in Department 75 – Planning Division in accounts 100.75.029900, ITEM 12
527.75.029900, and 567.75.029900. These accounts would only be utilized for those duties not reimbursed by developer fees, grant administration funding, or other such non-city sources.

Local Early Action Planning (LEAP) grant funds, in the amount of $150,000, are available for the City to select a planning consultancy firm to complete the Housing Element Update and related studies. As that effort progresses, Ms. Blom would perform project management and oversee that firm’s work on behalf of the City.

IV. E
XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN :

A goal that was established in the Strategic Plan was to “Plan for the Future”. In the strategies section of that document, it further describes the importance of updating the General Plan, which includes the Housing Element, to create a well -planned community for the long- term. Enterin g into a contract with Ms. Blom will support the Strategic Plan goal of Planning for the Future and the strategy for update of the General Plan Housing Element. The Strategic Plan also encourages affordable housing as part of the City’s strategy for creating Livable Communities.

V. P
OLICY ALTERNATIVES :

An alternative would be to not move forward on the contract with Ms. Blom and assign the duties related to the Housing Element Update to existing staff members.

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A

VII. P
UBLIC PARTICIPATION:

N/A

VIII. EN
VIRONMENTAL REVIEW :

The negotiation or entering into a contract does not fall under the description of a “Project” under the California Environmental Quality Act (CEQA) and therefore this action is not subject to environmental review.

IX.

STEPS FOLLOWING APPROVAL:

The City Manager will execute the agreement for Professional Consultant Services with Marjorie Blom for an amount not to exceed $45,000.00.

Approved by: __________________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution 2022-139

2. Contract
ITEM 12
ITEM 12

RESOLUTION NO. 2022 - 139

APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR

PROFESSIONAL CONSULTING SERVICES WITH MARJORIE BLOM AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City has a need for professional consulting services related to the Housing Element Update process and may also direct the consultant to complete tasks associated with grant writing, housing, and other services related to the Community Development Department; and WHEREAS, the City has negotiated a proposal for Professional Consulting S ervices with Marjorie Blom for an hourly rate of $85 per hour and shall not exceed the maximum of $45,000.00; and
WHEREAS, the City finds the proposed scope of work and hourly rate and amended contract terms to meet the needs of the City; and WHEREAS, the funds to pay for the a greement are available in accounts 100.75.029900, 527.75.029900, and 567.75.029900.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a professional services agreement for professional consulting services with Marjorie Blom and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of October 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

__________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk

ITEM 12
ITEM 12
AGR
EEMENT
FOR

PROFESSIONAL

CONSULTANT SERVICES
THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Marjorie Blom, hereinafter referred to as "CONSULTANT", jointly referred to as the “parties”.

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

1. SCOPE OF SERVICES
In compliance with all terms and conditions of this Agreement, the CONSULTANT shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or ''work" hereunder. As a material inducement to the CITY entering into this Agreement, CONSULTANT represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar circumstances in accordance with sound professional practices and that CONSULTANT is experienced in performing the work and services contemplated herein.

CONSULTANT covenants that it will follow professional standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.

2. COMPLIANCE WITH LAW
ITEM 12
All services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

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

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

6. ADDITIONAL SERVICES
ITEM 12
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the City Council to the CONSULTANT and approved by the CONSULTANT.

CONSULTANT hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONSULTANT anticipates and that CONSULTANT shall not be entitled to additional compensation therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective upon execution by both parties and will continue in effect for one (1) year until CITY'S acceptance of and payment for all services authorized by CITY and performed by CONSULTANT, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement. The term of this Agreement may be extended beyond one year, not to exceed two years from the effective date of this Agreement, upon Agreement in writing between the CONSULTANT and the CONTRACT OFFICER.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONSULTANT shall be compensated at an hourly rate of Eighty-Five ($85.00) dollars per hour for work performed.

CONSULTANT shall submit an invoice every 30 (thirty) days for work performed.

CONSULTANT shall be paid within thirty (30) days of receipt by the CITY of a properly prepared invoice identifying the task(s) performed, the number of hours and the hourly rate. Total compensation under this agreement shall not exceed Forty-Five Thousand Dollars ($45,000.00) for CONSULTANT services related to planning activities from the following City accounts:
100.75.029900, 527.75.029900, and 567.75.029900. Any compensation to CONSULTANT for services that are reimbursed from grant funds, developer fees, or other similar sources are not counted toward the $45,000 compensation limit. CONSULTANT shall not be compensated for ITEM 12
travel time or vehicle expense to and from the City of Ceres. CONSULTANT shall not be entitled to any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement, including consideration in the form of overtime, health insurance benefits, retirement benefits, disability retirement benefits, sick leave, vacation time, paid holidays, or other paid leaves of absence of any kind whatsoever.

10. WORK SCHEDULE, WORK HOURS, OFFICE SPACE
CONSULTANT'S obligation is to perform, in a timely manner, the services required to fulfill the CITY'S objectives of the overall work tasks described in Exhibit A. It is understood by both parties that the performance of the services may require a varied schedule, with the times for completion of various work activities to be set by CITY. The CONSULTANT shall determine the days and hours she will work from week-to-week and report that schedule on a regular basis to the CONTRACT OFFICER. CONSULTANT is expected to perform certain work duties at the work location in the CITY and the CITY will provide CONSULTANT with the office space and work station equipment and materials necessary to complete those expected services.

Additionally, in coordination with the CONTRACT OFFICER, CONSULTANT may also perform work duties off-site at the CONSULTANT'S office.

11. PERSONAL PERFORMANCE BY CONSULTANT
CONSULTANT has represented to CITY that she will be personally responsible for the performance of the services referred to in this Agreement. CITY has entered into this Agreement in reliance on that representation by CONSULTANT. CONSULTANT therefore agrees that she will not during the term of this Agreement engage others to perform any of the services under this Agreement.

12. CONTRACT OFFICER
The CONTRACT OFFICER for the services performed under this Agreement shall be Christopher Hoem, Director of Community Development, or such person as he may designate.

It shall be the CONSULTANT'S responsibility to assure that the CONTRACT OFFICER is kept informed of the progress of the performance of the services and the CONSULTANT shall refer any decisions, which must be made by CITY to the CONTRACT OFFICER. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the CONTRACT OFFICER. The CONTRACT OFFICER shall have authority to sign all documents ITEM 12
on behalf of the CITY required hereunder to carry out the terms of this Agreement.

13. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGMENT
The experience, knowledge, capability, and reputation of CONSULTANT were a substantial inducement for the CITY to enter into this Agreement. Therefore, CONSULTANT shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the CONTRACT OFFICER. In addition, neither this agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITY. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall, at CITY's option, be void. No approved transfer shall release the CONSULTANT or any surety of CONSULTANT of any liability hereunder without the express consent of CITY.

14. OWNERSHIP OF DOCUMENTS Title TO DATA
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by CONSULTANT for purposes other than this contract without the express prior written consent of CITY. All materials, documents, data or information obtained from CITY data files or any CITY medium furnished to CONSULTANT in the performance of this Agreement will at all times remain the property of CITY. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of this Agreement without written consent of CITY.

15. INTEREST OF CONTRACTOR
CONSULTANT warrants that she presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONSULTANT warrants that, in performance of this Agreement, CONSULTANT shall not employ any person having any such interest. CONSULTANT agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.

ITEM 12

16. REPORTS
CONSULTANT shall periodically prepare and submit to the CONTRACT OFFICER such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.

17. RECORDS
CONSULTANT shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the CONTRACT OFFICER to evaluate the performance of such services.

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

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

19. INDEPENDENT CONTRACTOR
All acts of CONSULTANT relating to the performance of this Agreement, shall be performed as independent contractor and not as an agent, officer, or employee of CITY.

CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONSULTANT at all times during the term of this Agreement, shall represent and ITEM 12
conduct herself as independent contractor and not as an employee of CITY.

CONSULTANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under this Agreement. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONSULTANT in fulfillment of this Agreement.

CONSULTANT has control over the manner and means of performing the services under this Agreement. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY under this Agreement.

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

20. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective either (i) upon actual delivery, if delivery is by hand or email; or (ii) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONSULTANT: Name: Marjorie Blom
Address: 76 NW 33
rd Place
Unit E
Newport, Oregon 97365
Phone: (209) 996-2005
FOR CITY: Name: CITY of Ceres
Address: 2220 Magnolia Street
Ceres, CA 95307
Attention: Christopher Hoem
Community Development Director
Phone: (209) 538-5774
ITEM 12

21. INSURANCE REQUIREMENTS
CONSULTANT shall provide proof of insurance which meets the requirements as specified in Exhibit "B".

CONSULTANT has represented to the CITY that she has no employees. So long as this representation remains true, CONSULTANT shall not be required to show proof of Worker's Compensation Insurance coverage.

22. TERMINATION OF AGREEMENT
Either party may terminate this Agreement by giving the other party at least thirty (30) days’ notices of its intention to terminate.

Either party may terminate this Agreement immediately should the other party commit an act of dishonesty, theft or willful destruction of property of the other party.

The parties may terminate this Agreement at any time upon the mutual written agreement of the parties.

If this Agreement is terminated pursuant to this section, CONSULTANT shall cease all her work on the project as of the termination date. If CITY so requests, and at CITY'S cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT'S work. Further, if CITY so requests, CONSULTANT shall deliver to CITY any work products whether in draft or final form which have been produced to date.

If the Agreement is terminated pursuant to any of the subsections contained in this section, CITY will pay CONSULTANT an amount based on the percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion

23. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONSULTANT and CITY. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they ITEM 12
have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

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

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

26. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONSULTANT covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

28. CITY BUSINESS LICENSE
CONSULTANT will have a CITY of Ceres business license, as required.

29. ATTORNEYS' FEES
If either party to this Agreement is required to initiate or defend or is made a party to any ITEM 12
action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

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

CI
TY OF CERES, a municipal corporation CONSULTANT
Alex Terrazas Date Marjorie Blom Date
City Manager Consultant
Nubia Goldstein Date
City Attorney
ITEM 12
EXHIBIT “A”

SCOPE OF SERVICES
CONSULTANT, Marjorie Blom, under administrative direction from the City Manager, or Director of Community Development, will provide administrative assistance and related services to the City of Ceres as directed on a time and materials basis. Individual tasks will be further scoped and defined by Task Orders pursuant to such tasks. Such services shall include but are not limited to the following:
 As
sist with community development, planning, housing and grant writing activities by providing professional assistance to the Director of Community Development.  Wor
k closely with the City Manager, Director of Community Development, Planning Commission, City Council, other City departments, Consultants, various public organizations and citizens groups related to the City’s Community Development functions.  As
sist and participate in the development and implementation of goals, objectives, policies, and priorities for assigned projects or programs; recommend and administer policies and procedures.
 As
sist with liaison functions to other divisions, departments, and outside public and private agencies regarding related department activities and City functions. Roles may include participating as staff on a variety of boards, commissions and committees, including the requisite preparation and presentation of staff reports and other necessary correspondence at Planning Commission, City Council, community meetings, or other public gatherings.
 Pr
epare grant applications; also coordinate with City, federal, state and non- profit agencies and private companies to develop resources for City-specific projects.  Pr
ovide administrative and project support to the Director of Community Development, as assigned, related to housing (including upcoming Housing Element Update), land use, the Ceres Municipal Code, and the implementation of the Ceres General Plan 2035.  Cont
inue to provide administrative support for awarded annual Community Development Block Grant (CDBG) and HOME programs under the Urban County CDBG & HOME Consortium’s; as well as preparation of annual progress reports to the State Department of Housing and Community Development (HCD) for programs related to State CDBG, BEGIN, CalHOME, and HOME Long-Term Monitoring.
 As
sist with project management for General Plan 2035, various state and federal grants, specific/master plans, sphere of influence, annexation and entitlement processing for new development projects.
 Rem
ain active in professional and trade associations or groups that provide continuing training opportunities in order to maintain awareness of new trends and developments in the fields of land use planning, housing and grant writing.  Cons
ultant shall establish and adhere to a mutually agreed work schedule with the City that includes working off-site and performing assigned duties at the Consultant’s office, as well as maintaining an on-site presence, when requested, at the City of Ceres offices with attendance expected at regularly -scheduled internal and external meetings relating to Community Development, Housing and/or grant writing activities, in order to properly represent the City at these functions.

ITEM 12
EXHIBIT "B''

INSURANCE REQUIREMENTS FOR CONSULTANTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his/her agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).

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

Minimum Limits of Insurance
CONSULTANT shall maintain limits no less than:

1. General Liability (Including operations, products and completed operations as applicable.):
$1,000,000 per occurrence for bodily injury, personal injury and property damage.

If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.

SPECIAL SITUATIONS/CLAI MS HANDLING PROCEDURES
Deductibles and Self-Insured Retentions
ITEM 12
Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-- i
nsured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the consultant shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, clam administration and defense expenses.

O
ther Insurance Provision
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The Entity, its officers, officials, employees, are to be covered as insured as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT.

2. For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees.

Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the CONSULTANT'S insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the entity.

If General liability, Contractors Pollution Liability and/or Asbestos Pollution liability and/or Errors and Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at ITEM 12
least five (5) years after completion of the contract of work.

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

4. A copy of the claims reporting requirements must be submitted to the entity for review.

5. If the services involve lead-based paint or asbestos identification/remediate on, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remedy ation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of "pollution" shall include microbial matter including mold.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: Vll, unless otherwise acceptable to the Entity.

Verification of Coverage
CONSULTANT shall furnish the Entity with original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity's forms, provided those endorsements conform to Entity requirements. All certificates and endorsements are to be received and approved by the Entity before work commences; however, failure to do so shall not operate as a waiver of these insurance policies, including endorsements effecting the coverage required by these specifications at any time.

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

ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL

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

MEETING DATE: October 24, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager
Nubia Goldstein, City Attorney

CONTACT: Nubia Goldstein, City Attorney
[email protected]

SUBJECT: Ordinance No. 2022-1073, An Ordinance of the City Council of the City of Ceres Amending Title 9, Public Peace, Morals and Welfare, o f the Ceres Municipal Code t o Add Chapter 22, Adopting a Military Equipment Use Policy

RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve the first reading and introduction of Ordinance No 2022-1073, reading by title only, waiving further reading, an ordinance of the City of Ceres amending Title 9, Public Peace, Morals and Welfare, of the Ceres Municipal Code to add Chapter 22, Adopting a Military Equipment Use Policy.

I. BACKG
ROUND:

On September 30, 2021, Governor Newsom signed into law Assembly Bill 481 (“AB 481”) relating to the use of military equipment by law enforcement agencies. AB 481, codified in California Government Code sections 7070 through 7075, requires that any law enforcement agency seeking to use existing or new military equipment to create a military use policy, present the policy for governing board approval by ordinance, and produce annual reports pertaining to the policy and use of military equipment.

The City of Ceres (“City”) Police Department (“Department”) seeks the City Council’s adoption of Ordinance No. 2022- 1073 (“Ordinance”), which establishes the requirements of the City’s Militar y Equipment Use Policy as required under AB 481 to allow the department to continue using the vital equipment in the course of the Department’s activities and adopt the policy.

II. RE
ASONS FOR RECOMMENDATION:

ITEM 13
The proposed ordinance (“Ordinance”) establishes the requirements for the Department’s Military Equipment Use Policy (“Policy”) and approves a Policy. Under AB 481 and the Ordinance, the Policy must outline each item identified in Government Code section 7070 as military equipment that the City currently owns or uses. The military equipment (the “Equipment”) identified in Government Code section 7070 that must be identified in the Policy, includes:

1. Unmanned, remotely piloted, air or ground vehicles, such as drones.

2. Armored vehicles.

3. Humvees.

4. Battering rams.

5. Firearms and ammunition of .50 caliber or greater, not including shotguns and shotgun ammunition.

6. Flashbangs and other explosive breaching tools.

7. Rubber bullets and other associated specialty impact munitions.

Where the Department seeks to use any of the Equipment, the City Council must adopt a Policy by ordinance that must include:

1. A description of the Equipment, the quantity sought, its capabilities, and expected lifespan.

2. The purposes and authorized uses of the Equipment.

3. The fiscal impact of acquiring and maintaining each type of Equipment.

4. The legal and procedural rules that govern use of the Equipment.

5. The training required to use the Equipment.

6. The compliance mechanisms to enforce the Policy.

7. The procedure for the public to register complaints or submit questions about the Equipment.

If the City Council e lects to adopt the Ordinance, the City Council both establishes the criteria for military use policy that will be added to the City of Ceres Municipal Code and adopts a Policy. As required under AB 481 and the Ordinance, the Policy proposed for adoption has been made publicly available on the Department’s website thirty (30) days prior to this meeting to consider the Ordinance. In adopting the Ordinance to approve the Policy, the City Council must find all of the following:

1. The Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

ITEM 13

2. The Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. If Equipment is being purchased, the Equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Equipment use complied with the Policy that was in effect at that time or where Equipment use did not comply, corrective action has been taken to remedy nonconforming use and ensure future compliance.

Should the City Council adopt the Ordinance, each calendar year, an annual military equipment report will be submitted to City Council for review and approval, as long as military equipment is maintained by the Department. As required under the Ordinance, the annual military equipment report must include:

1. A summary of how the Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Equipment.

3. The results of any internal audits, any information about violations of the Policy, and any actions taken in response.

4. The total annual cost for each type of Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of Equipment.

6. If the law enforcement agency intends to acquire additional Equipment in the next year, the quantity sought for each type of Equipment.

Future acquisitions of any item deemed “military equipment” will require further public meetings, Policy updates, and City Council approval.

Items identified as military equipment by AB 481 are resources used in overall best practices for law enforcement agencies throughout the country. There are numerous examples of incidents that demonstrate the need for more effective options for law enforcement, such as patrol rifles and armored rescue vehicles. In addition, military equipment items are field-tested tools used to enhance the safety of communities and the officers that serve them.

III. F
ISCAL IMPACTS :

No budget adjustment would be required. Annual maintenance costs to support the Equipment identified in the Policy have already been budgeted.

IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :

N/A
ITEM 13
V. POLICY ALTERNATIVES:

N/A

VI. I NTERDEPARTMENTAL COORDINATION:

N/A

VII. P UBLIC PARTICIPATION:

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

VIII. EN
VIRONMENTAL REVIEW :

N/A

IX. ST
EPS FOLLOWING APPROVAL :

The City Council will consider approval of second reading and adoption of the Ordinance at a later meeting of the City Council.

S
ubmitted by: ___/s/_____________________________
Nubia Goldstein, City Attorney

Approved by: __________________________________
Alex Terrazas, City Manager

Attachments:

1. O
rdinance No. 2022- 1073, Establishing the requirements for a Military Equipment Use Policy and approving of the City of Ceres Policy Department Military Equipment Use Policy

2. C
eres Police Department Military Equipment Use Policy

3. Public Hearing Notice

ITEM 13
ORDINANCE NO. 2022-1073

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES
AMENDING TITLE 9, PUBLIC PEACE, MORALS AND WELFARE, OF THE CERES MUNICIPAL CODE TO ADD CHAPTER 22, ADOPTING A MILITARY EQUIPMENT

USE POLICY

THE CITY COUNCIL
City of Ceres
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body by an ordinance adopting a military equipment use policy at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “Military Equipment” is defined in California Government Code section 7070; and WHEREAS, the Ceres Police Department currently has items in its inventory deemed to be Military Equipment under the provisions of Assembly Bill 481, and California Government Code 7070 through 7075; and
WHEREAS, the Ceres Police Department has established a Military Equipment Use Policy that meets the requirements set forth in Assembly Bill 481; and WHEREAS, the Military Equipment identified in the Ceres Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives for officer and civilian safety; and WHEREAS, the Ceres Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

NOW, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Title 9, Public Peace, Morals, and Welfare, of the Ceres Municipal Code shall be amended to add Chapter 9.22, Military Equipment Use Policy Adoption, that shall read as follows:

Chapter 22

MILITARY EQUIPMENT USE POLICY ADOPTION

ITEM 13
Sections:

9.22.010 Findings.

9.22.020 Determinations.

9.22.010 Findings.

A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

B. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term military equipment is defined in California Government Code section 7070.

C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes the determinations established in California Government Code section 7070, subdivision (d)(1).

D. The proposed military equipment use policy is found within Ceres Police Department Policy and Procedural manual.

E. Ceres Police Department Policy was published on the Ceres Police Department’s internet website on September 21, 2022. In addition, the Ceres Police Department, Military Equipment Use Policy was presented to City Council on October 24, 2022.

F. The Ceres Poli ce Department, Military Equipment Use Policy, meets the requirements of California Government Code section 7070, subdivision (d).

9.22.020 Determinations.

Based on the findings above, in addition to the information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the Ceres Police Department, Military Equipment Use Policy, is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. Ceres Police Department, Military Equipment Use Policy, will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in the Ceres Police Department, Military Equipment Use Poli cy, is reasonably cost -effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Ceres Police Department, Military Equipment Use Policy, is approved and adopted.

ITEM 13
SECTION 2. SEVERABILITY. If any sectio n, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 3. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.

SECTION 4. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a regular meeting of the City Council held on the 24 th day of
October 2022, and passed and adopted as Ordinance No. 2022 -1073 at a regular meeting of City Council held on the 14th day of November, 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

________________________________
Nubia I. Goldstein, City Attorney

Published with permission by Ceres Police Division
Military Equipment - 513
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body
– The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Ceres Police Division
Military Equipment - 514
709.2 POLICY
It is the policy of the Ceres Police Division that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Ceres Police Division (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment at the end of Section 709 - starting at page 686 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The ITEM 13
Ceres Police Division
Ceres PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/01, All Rights Reserved.

Published with permission by Ceres Police Division
Military Equipment - 515
military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department Policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction or completing a lawful function shall comply with their respective military equipment use policies.
709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Published with permission by Ceres Police Division
Military Equipment - 516
709.9 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment that is not included in the Military Equipment Use Police.

If the Police Department acquires, borrows and/or uses Military Equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:

Provide written notice of that acquisition or use to the City Council within 30 days following the completion of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

Include the Military Equipment in the Police Department's next annual Military Equipment Report.

Published with permission by Ceres Police Division
LEXIPOL FINAL APRIL 2022.pdf - 686
LEXIPOL FINAL APRIL 2022.pdf
LEXIPOL FINAL APRIL 2022.pdf
ITEM 13
2022 Ceres Police Department Military Equipment Use Supplement California Government Code §7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.

California Government Code §7070(d) describes a Military Equipment Use Policy as a publicly released, written document that includes, at Ma minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, which must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

California Government Code § 7070(c) defines Military Equipment as any of the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

ITEM 13

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the Ceres Police Department will submit to the Ceres City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Ceres City Council will use the Annual Military Equipment Report as a mechanism to ensure the Ceres Police Department’s compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:

ITEM 13

1. Via Ceres Police website; www.ci.ceres.ca.us

2. Via phone call to the Police Administrative Sergeant at (209) 538-5719

3. Via mail sent to: Ceres Police Department
Attn: Military Equipment Use Coordinator
2727 3rd. St.

Ceres, CA. 95307
The Ceres Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.

a. Manufacturer description, quantity, capabilities, and purchase cost of current UAS:
i. Matrice 300, cost $30,000, quantity 1: The DJI Matrice 300 is a powerful, industrial-grade fight platform with world-class agility and speed. The M300 has a flight time of 55 minutes without a payload and 45 minutes with 1 payload (one external camera). It is equipped with an anti- collision strobe beacon. It has ADS-B for sensing nearby air traffic. It has full 6-way directional sensing and positioning. It has a IP45 weather resistant rating. The M300 has both pinpoint and smart track modes. It is equipped with a distance finder. The M300 RTK’s mechanical design, along with quick release landing gears and mounted folding arms, makes it easy to transport, store, and prepare for flight.
ii. Mavic II Enterprise, cost $5,000.00, quantity 3: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems, and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12 megapixels photos that support up to 6x FHD zoom. DJI signature tecUologies such as Obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II Enterprise also has attachable modular accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.
iii. Mavic Mini 2, quantity 1, cost $449.00 (per UAV): The DJI Mavic Mini 2 features a downward vision system and infrared sending system. The Mini 2 can hover and fly indoors as well as ITEM 13
outdoors and automatically initiate Return to Home feature. It comes with a fully stabilized 3-azis gimbal and 1/2.3” sensor camera. The Mini 2 camera is a 4k video camera and takes 12MP photos The Mavic Mini 2 has a maximum flight speed of 36 mph and a maximum flight time of 31 minutes.
iv. Mavic Mini, quantity 4, cost $389.00 (per UAV): The DJI Mavic Mini features downward vision system and infrared sending system The Mini 2 can hover and fly indoors as well as outdoors and automatically initiate Return to Home feature. It comes with a fully stabilized 3-azis gimbal and 1/2.3” sensor camera The Mini camera is a 2.7K video camera and takes 12MP photos. The Mavic Mini boasts a maximum flight speed of 29 mph and a maximum flight time of 30 minutes.

b. Purpose and authorized use: UAS/Drones and robots may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of CPD drones will be for official law enforcement purposes, and in a manner that respects the privacy of our community. Uses may include but are not limited to, search and rescue, suspect apprehension, crime scene documentation, tactical operations, scene security, hazard monitoring, identification, and mitigation, response to emergency calls, crisis communications, legally authorized surveillance.

c. Fiscal Impact: Varies depending on replacement parts and re-occurring costs due to software associated with the drone program $1,000.00 to $2,500.00.

d. Legal and procedural rules: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

e. Required training: Prior to piloting any UAS/Drone staff members must secure an FAA ITEM 13
Remote Pilot License and complete all training required by our FAA certificate or authorization. For the ground vehicles agency-authored orientation course with annual refresher training.

f. Lifespan: All UAS equipment, 5-7 years.

___________________________________________________________________________

2. Robots: Unmanned remotely operated machines on the ground utilized to enhance the safety to the community and officers.

a. Manufacturer description, quantity, capabilities, and purchase cost:
i. Transcend Vantage Patrol Robot, cost $25,000, quantity 1: The Transcend Vantage Patrol Robot enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, there is no longer a need to send personnel in before you’ve had a chance to assess the situation. It has the ability to climb stairs and push open doors. It can deliver chemical agents. The Vantage Patrol Robot saves lives by keeping first responders out of harm’s way.

b. Purpose and authorized use: To be used to remotely gain visual/audio intelligence, deliver equipment, open doors, deliver chemical agents and clear buildings ahead of a search team.

Officers who have been trained may deploy the robot. Any use of CPD robots will be for official law enforcement purposes, and in a manner that respects the privacy of our community. Uses may include but are not limited to: search and rescue; suspect apprehension; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.

c. Fiscal Impact: Varies depending on replacement parts and repairs $1,000.00 to $2,500. d. Legal and procedural rules: Any use of a CPD robot will be for official law enforcement purposes, and in a manner that respects the privacy of our community.

e. Required training: Officers utilizing the robot will have received training from a CPD ITEM 13
SWAT members prior to deployment of the robots.
f. Lifespan: All robots and associated equipment, 8-10 years. _________________________________________________________________________________

3. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Manufacturer description, quantity, capabilities, and purchase cost:
i. LENCO BEAR, cost $250,000.00, quantity 1: The LENCO BEAR is an armored rescue vehicle- designed specifically for tactical response teams. It has an all-steel construction with high ballistic protection.

b. Purpose and authorized uses: To provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents. Any use of the armored rescue vehicle will be for official law enforcement purposes.

c. Fiscal Impact: Purchased in 2005 with a $1500.00 annual maintenance.

d. Legal and procedural rules: Use shall be in accordance with California State law regarding the operation of motor vehicles.

e. Required training: Agency-authored orientation course; annual refresher.

f. Lifespan: indefinite

___________________________________________________________________________

4. Rifles and Corresponding Ammunition: A shoulder fired rifle capable of firing a projectile accurately at over 100 yards.

a. Manufacturer description, quantity, capabilities and purchase cost:

ITEM 13

i. Bushmaster XM-15, cost $1,000.00 each, quantity 50: The AR15 style firearm features a M4-type hand guards. Models have either a fixed butt stock or a collapsible stock. They are chambered for 5.56 NATO ammunition. They weigh approximately 6 pounds.

They have a 16” 4150 chrome-moly steel barrel. They have a birdcage style muzzle to reduce flash signature. They have a 1913 Picatinny rail on top that allow for sights and optics. ii. Colt M4 Carbine, cost $1,227.00 each, quantity 14: Colt Enhanced Patrol Rifle (EPR). Features an extended handguard that accepts modular rail segments for mounting a wide variety of pro- grade optics, lighting, and ergonomics-enhancing accessories, as well as the highly durable Magpul® MBUS® Pro Series front and rear back up sights and B5 Bravo buttstock. They have a

11.5” 4150 chrome-moly steel barrel. They have a SF3P-556-1/2-28 thread suppressor adapter/flash hider They are chambered for 5.56 NATO ammunition and weighs approximately 6 pounds.
iii. Colt M4 Carbine, cost $1,699.99 each, quantity 1: Colt M4A1 Features an extended handguard that accepts modular rail segments for mounting a wide variety of pro- grade optics, lighting, and ergonomics-enhancing accessories, as well as the highly durable Magpul® MBUS® Pro Series front and rear back up sights and B5 Bravo buttstock. It has a 16” 4150 chrome-moly steel barrel They have a birdcage style muzzle to reduce flash signature They are chambered for 5.56 NATO ammunition and weighs approximately 6.95 pounds.
iv. Smith and Wesson M&P Carbine, cost $769.00 each, quantity 4: Smith and Wesson M&P carbine an extended handguard that accepts modular rail segments for mounting a wide variety of pro-grade optics, lighting, and ergonomics-enhancing accessories, as well as the highly durable Magpul® They have collapsible buttstocks. They have a 16” 4150 chrome-moly steel barrel They have a birdcage style muzzle to reduce flash signature They are chambered for 5.56 NATO ammunition and weighs approximately 6.63 pounds.
v. Ruger SR-556e, cost $1,000.00 each, quantity 1: Ruger SR-556 is an AR-15 style rifle that uses a gas piston operation. It has an extended handguard that accepts modular rail segments for mounting a wide variety of pro-grade optics, lighting, and ergonomics-enhancing accessories, as well as the highly durable Magpul® It has a collapsible buttstock. It has a 16” 4150 chrome-moly steel barrel. It has a birdcage style muzzle to reduce flash signature. It is chambered for 5.56 NATO ammunition and weighs approximately 6 pounds.

ITEM 13
vi. Heckler & Koch MP5, cost $5,000.00 each, quantity 4: The HK MP5 is a compact sub- machine gun chambered for 9mm NATO ammunition. They are equipped with a folding stock or fixed stock vii Heckler & Koch UMP40, cost $5,000.00 each, quantity 4: The HK UMP40 is a compact sub- machine gun chambered for 40 cal. ammunition. They are equipped with a folding stock. viii. SPEER GOLD DOT .223 CALIBER 55 GRAIN RIFLE ROUND, cost: $260 per case of 500, quantity 6 cases: Ammunition made by Speer is reloadable, features nickel plated brass cases and Boxer primers, and this is a non-corrosive round. It is loaded with a soft point bullet.
ix. Ruag Swiss P Target 7.62mm 168 grain HPBT, cost $1,800.00, quantity 1,000 rounds: Swiss P target cartridges are a highly accurate target rounds used for training. x. Ruag Swiss P Styx Action 7.62mm 167 grain HP, cost $3090.00, quantity 1,000 rounds. Swiss P Styx cartridges are highly accurate rounds designed to not over penetrate its target.
xi. Ruag Swiss P AP 7.62mm 196 grain AP, cost $4,000.00, quantity 1,000 rounds:

Swiss P AP cartridges are highly accurate rounds designed to penetrate hard target.

b. Purpose and authorized uses: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. The use and deployment of the rifle falls under Lexipol policy 312 and 408 and 433. Only Officers who have attended the POST certified patrol rifle course may deploy the rifle.

c. Fiscal impact: Annual maintenance is $25.00 per rifle. Total ammunition budget is $30,000 per year.

d. Legal and procedural rules: Use is established under Lexipol policy 312, 408 and 433. It is the policy of CPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

e. Required training: Quarterly qualifications and ongoing training.

f. Lifespan: Rifles 10-20 years depending on use. No expiration on ammunition. ____________________________________________________________________________

ITEM 13

5. Distraction Devices: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

a. Manufacturer description, quantity, capabilities, and purchase cost:
i. Defense Technology, 8922, 1089841 low roll DD distraction device, cost $59.90, quantity 21:

A non-bursting, non-fragmenting device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

b. Purpose and authorized uses: Distraction devices are ideal for distracting dangerous suspects to allow tactical teams to complete a dangerous mission or task. Distraction devices shall only be used by officers trained in the proper use and deployment.

Diversionary Devices shall only be used:
i. By officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety. v. During training exercises.

c. Fiscal Impact: Varies depending on use.

d. Legal and procedural rules: It is the policy of the CPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

e. Required training: Officers must attend training hosted by certified POST instructors which is followed by an annual refresher training.

f. Lifespan: Upon use.

____________________________________________________________________________

ITEM 13

6. Explosive breaching tools: Tools that are used to conduct a positive breach using kinetic energy.
a. Manufacturer description, quantity, capabilities, and purchase cost:

i. REMINGTON 870 BREACHING SHOTGUN, cost: $500, quantity 2: This weapon allows for breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges
ii. DEFENSE TECHNOLOGY FRANGILBE BREACHING ROUND, cost: $5 per round quantity 50: The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.
iii. KBT 3-1000 Kinetic Breaching Tool Cost $10,000, quantity 1: This mechanically driven breaching tool has a self-contained impact ram that has no projectile or explosive pressures. It uses a black cartridge to actuate the ram.

b. Purpose and authorized use: To safely create a positive breach and enter a structure.

Kinetic and shotgun breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.

c. Fiscal Impact: Cost varies depending on use in the field. Annual maintenance and training costs are approximately $1,500.00.

d. Training: All Officers who use kinetic and shotgun breaching tools shall attend a 40- hour breaching course and will train regularly.

e. Legal and procedural rules: Breaching tools will only be used for official law enforcement purposes and will be pursuant to State and Federal law.

f. Lifespan: breaching shotguns 20 years, breaching shotgun rounds 5 years.

_____________________________________________________________________________ ITEM 13

7. Chemical agents: Canisters that contain OC and CS chemical agents that are released when deployed.

a. Manufacturer description, quantity, capabilities, and purchase cost:
i. Defense Technology 1050 1012500 Aerosol OC/CS, cost $60.15 each, quantity 20: This device is designed for indoor use. It does not contain CFCs and is not a fire hazard. It needs minimal decontamination by comparison to smoke, powders, or liquids. It is most effective when used in confined area and close to the target area. This device is used to minimize the risk to all parties through pain compliance, temporary discomfort and or incapacitation of potentially violent or dangerous subjects. The aerosol device is ideal for cell extractions or barricades situations where the use of pyrotechnic, powder, or liquid devices is not practical or desired. The OC and CS combination provide sufficient effects in confined areas of up to 1,500 square feet. ii. Defense Technology 1062 1012502 Smoke, cost $50.70 each, quantity 41: This device is designed for outdoor use. It has a high-volume continuous burn that expels its payload in approximately 30-40 seconds through four gas ports. This device can be used to conceal tactical movements or to route a crowd. The volume of smoke and agent is vast and obtrusive. iii. Defense Technology 1030 1177120 Flameless Tri-Chamber OC, cost $49.00 each, quantity 13: This device is a flameless pyrotechnic grenade which combines the effectiveness of Oleoresin Capsicum as an incapacitating agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions. This device can be used in crowd control and barricade situations as a less lethal solution to incapacitate subjects through temporary respiratory discomfort, while reducing or negating the chance of fire to structures. i v. Defense Technology 1032 1012473 Flameless Tri-Chamber CS, cost $46.25 each, quantity 7:

This device is a flameless pyrotechnic grenade which combines the effectiveness of CS agent as an incapacitating agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions. This device can be used in crowd control and barricade situations as a less lethal solution to incapacitate subjects through temporary respiratory discomfort, while reducing or negating the chance of fire to structures.

b. Purpose and authorized use: To limit the escalation of conflict where deployment of lethal force is prohibited or undesirable. Situations for use may include, but are not limited to:

ITEM 13
i. Self-destructive, dangerous, and/or combative individuals ii. Barricaded suspects
iii. Riot/crowd control and civil unrest incidents
iv. Training exercises

c. Fiscal impact: Varies depending on use in the field, $1,500.00 to $2,500.00 per year.

d. Training: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents’ instructors.

e. Legal and procedural rules: It is the policy of the SMPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

f. Lifespan: 5 years from date of manufacture.
________________________________________________________________________________

8. 40mm Launchers and rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch less lethal impact and OC/CS rounds.

a. Manufacturer description, quantity, capabilities, and purchase cost:
i. 40mm LMT tactical single launcher, cost $1,000.00, quantity 4: The 40mm launcher is a single shot launcher that was manufactured exclusively for Defense Technology. It features and expandable ROGERS Super Stoc and an adjustable integrated front grip with a light rail. The ambidextrous lateral sling mount and QD mounting systems allows both a single- and two-point sling. This launcher will fire standard 40mm less lethal ammunition, up to 4.8-inch cartridges length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics / sighting systems.
ii . 40mm multi launcher Penn Arms cost $3146, quantity 1: This 40mm multi-round launcher is a spring advanced launcher with a 5” cylinder. It has the capability of firing 6 shots in succession.

It has a 12-inch barrel and weighs 9.2 pounds. It has a top Picatinny rail to allow for sights or optics. It has a fixed stock with a push button cross bolt trigger safety. iii. 40mm eXact impact standard range sponge round (6325), Cost $28.65, quantity 31: This ITEM 13
round is a point of aim, point of impact direct fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore have velocities that are extremely consistent. iv. 40mm eXact impact extended range sponge round(6325LE), Cost $30.80, quantity 13 round is a point of aim, point of impact direct fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore have velocities that are extremely consistent. v. 40mm Direct Impact OC Crushable Foam round (6320), Cost $31.90, quantity 40 This round is a point of aim, point of impact direct fire round. This round is designed to be a solution for incapacitating a single subject or control a crowd When loaded with OC it combines the impact of the foam round with the effects of an irritant powder maximizing the potential for incapacitation
vi. 40mm Ferret barricade round CS (2292), Cost $27.85, quantity 11 The ferret Barricade Penetrating round is filled with a CS powder chemical agent. It is frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. It is designed to penetrate barriers, such as window, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.
vii. 40mm Ferret barricade round OC (2290), Cost $28.65, quantity 10 The ferret Barricade Penetrating round is filled with an OC powder chemical agent. It is frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barrier. This round is primarily used to dislodge barricaded subjects, it can also be used for area of denial. It is designed to penetrate barriers, such as window, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.

b. Purpose and authorized uses: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use may include, but are not limited to:
i. Self-destructive, dangerous, and/or combative individuals ii. Barricaded suspects
ITEM 13
iii. Riot/crowd control and civil unrest incidents
iv. Training exercises

c. Fiscal impact: Annual costs can range from $2,000.00 to $5,000.00 depending on use.

d. Training: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agents’ instructors.

e. Legal and procedural rules: It is the policy of CPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

f. Lifespan: Penn arms 40mm launcher 20 years, LCT 40mm single launcher 20 years. 40mm foam tipped projectile until used, all chemical agent rounds 5 years from date of manufacture

ITEM 13
ITEM 13
City of Ceres

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on October 24, 2022 at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of an Ordinance of the City Council of the City of Ceres amending Title 9, Public Peace, Morals and Welfare, of the Ceres Municipal Code to add Chapter 22, adopting a Military Equipment Use Policy (“Ordinance”).

On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (AB 481) relating to the use of military equipment by law enforcement agencies. AB 481, codified in California Government Code section 7070 through 7075, requires that any law enforcement agency seeking to use existing or new military equipment to create a military equipment use policy, present the policy for governing body approval by ordinance, and produce annual reports pertaining to the policy and use of military equipment. The proposed ordinance seeks to approve the Ceres Police Department’s Military Equipment Use Policy, which outlines each item identified in Government Code section 7070 that the City currently owns or uses. The identified equipment includes :
unmanned, remotely piloted, air or ground vehicles, such as drones ; armored vehicles; nattering rams ; f irearms and ammunition of .50 caliber or greater, not including shotguns and shotgun ammunition; flashbangs and other explosive breaching tools; and rubber bullets and other associated specialty impact munitions.

All Interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Stre et Ceres, CA 95307 or by telephone at (209) 538-5731.

If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.

/s/ Fallon Martin, City Clerk

Date Notice Posted: October 19, 2022

ITEM 13
ITEM 13

COUNCIL AGENDA REPORT

MEETING DATE: October 24, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

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

SUBJECT: Accepting the 2020-2021 City of Ceres Audited Financial Statements and Audit Report for the Period Ending June 30, 2021

RECOMMENDED COUNCIL ACTION:

Staff recommends the acceptance of the 20 20-20221 City of Ceres audited Financial Statements and the Audit Report for the period ending June 30, 2021.

I. BACKGROUND:

The independently audited Financial Statements for the Ci ty of Ceres, as of June 30, 2021, are hereby forwarded for review and acceptance by the City Council.

An unqualified opinion has been gi ven by the auditors JJACPA, Inc. to the Financial Statements. The unqualified opinion is the highest , or best , opinion that an auditor can provide . The auditor is making no exceptions , nor inserting any qualifications in this report.

This report is presente d in com pliance with the Government Accounting Standards Board pronouncements. Included in this report are several sections such as highlights, financial analysis, and economic factors to give the reader a more informed perspective as to the fiscal health of the City.

General Fund revenue received as of June 30, 2021 equals $23,237,183 as compared to $23, 649,921 as of June 30, 20 20. General Fund expenditures, including encumbrances as of June 30, 20 21 equal $21,205,782 as compared to $23,722,757 as of June 30, 2020.

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
ITEM 14
II. REASONS FOR RECOMMENDATION:

Acceptance by the governing body of the annual audit report is required.

III. FISCAL IMPACTS:

There is no fiscal impact.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A

V. POLICY ALTERNATIVES:

N/A

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

There are no additional requirements after Council approval.

Approved by: ________________________________
Alex Terrazas, City Manager

Attachments:

1. Communication Letter

2. Basic Financial Statements

3. GANN Report

4. Transportation Development Act Financial Report
ITEM 14

CITY OF CERES

COMMUNICATION WITH THOSE CHARGED WITH GOVERNANCE AND

COMMUNICATION OF INTERNAL CONTROL RELATED MATTERS

JUNE 30, 2021

ITEM 14

7080 Donlon Way, Suite 204, Dublin, CA 94568 ● phone (925) 556-6200 ● fax: (707) 232-6226 1102 South Main Street, #1, Fort Bragg, CA 95437 ● phone (707) 964-6325 www.jjacpa.com

June 28, 2022

City Council
City of Ceres
Ceres, California

We have audited the basic financial statements of the City of C eres (City) as of and for the year ended June 30, 2021 and have issued our report thereon dated June 28, 2022. Professional standards require that we advise you of the following matters relating to our audit.

Our Responsibility in Relation to the Financial Statement Audit

As communicated in our engageme nt letter dated July 29, 2022, o ur responsibility, as described by professional standards, is to form and express an opinion(s) about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your respective responsibilities.

Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the f inancial statements are free of material misstatement. An audit of financial statements includes conside ration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opini on on the effectiveness of th e entity’s internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of City of Ceres solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control.

We are also responsible for commu nicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in ove rseeing the financial reporting process.

However, we are not required to design procedures for the purpo se of identifying other matters to communicate to you.

Planned Scope and Timing of the Audit

We conducted our audit consistent with the planned scope and timing we previously communicated to you.

ITEM 14

Compliance with All Ethics Requirements Regarding Independence

The engagement team, others in our firm, as appropriate, and ou r firm have complied with all relevant ethical requirements regarding independence.

Qualitative Aspects of the Entity’s Significant Accounting Practices

Significant Accounting Policies

Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the City is included in Note 1 to the financial statements.

There have been no initial selection of accounting policies and no changes in significant accounting policies or their application dur ing fiscal year ended June 30, 2021. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the eff ect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus.

Significant Accounting Estimates

Accounting estimates are an integral part of the financial stat ements prepared by management and are based on management’s current judgments. Those judgments are no rmally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments.

The most sensitive accounting estimates affecting the financial statements are useful lives of capital assets (“useful lives”).

Management’s estimate of the useful lives is based on experience with and observation of capital assets, by category (e.g. infrastructure) as well as industry standards , when applicable (i.e. buildings). We evaluated the key factors and assumptions used to develop the u seful lives and determined that it is reasonable in relation to the basic financial statements taken as a whole.

Financial Statement Disclosures
Certain financial statement disc losures involve significant jud gment and are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the City’s financial statements relate to commitments and contingencies.

Significant Difficulties Encountered during the Audit

We encountered no significant difficulties in dealing with management relating to the performance of the audit

Uncorrected and Corrected Misstatements
ITEM 14

For purposes of this communicatio n, professional standards requ ire us to accumulate all known and likely misstatements identified during the audit, other than th ose that we believe are trivial, and communicate them to the appropriate level of management. Furthe r, professional standards require us to also communicate the effect of uncorrected misstatements rel ated to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole and each applicable opinion unit. Management has corrected all identified misstatements.

In addition, professional standards require us to communicate to you all material, corrected adjustments that were brought to the attention of management as a result of our audit procedures. The following material adjustments were known by management and communicated to us in the form of request for assistance:

To update pension disclosures for GASB 68 management made entri es of $2,532,941 for the pension expense adjustment, $9,620,580 for the net pension obligation, $,306,19 2 for the deferred inflows of resources and $2,781,447 for the deferred outflows of resources.

Disagreements with Management

For purposes of this letter, professional standards define a di sagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the City’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit.

Representations Requested from Management

We have requested certain written representations from management, which are included in the attached letter dated June 28, 2022.

Management’s Consultations with Other Accountants

In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, the re were no consultations with other accountants regarding auditing and accounting matters.

Other Significant Matters, Findings, or Issues

In the normal course of our profe ssional association with the C ity, we generally discuss a variety of matters, including the applica tion of accounting principles and auditing standards, operating and regulatory conditions affecting the City, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted i n a condition to our retention as the entity’s auditors.

Other Information in Documents Containing Audited Financial Statements

Pursuant to professional standards, our responsibility as auditors for other information in documents containing the City’s audited fi nancial statements does not ext end beyond the financial information identified in the audit report, and we are not required to perform any procedures to corroborate such other information. However, in accordance with such standards, we have read the Management’s ITEM 14

Discussion and Analysis and considered whether such information or the manner of its presentation was materially inconsistent with its presentation in the financial statements.

Our responsibility also includes communicating to you any information which we believe is a material misstatement of fact. Nothing came to our attention that caused us to believe that such information, or its manner of presentation, is materially inconsistent with the information, or manner of its presentation, appearing in the financial statements.

This report is intended solely for the information and use of the City Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties.

Communication of Internal Control Related Matters

In planning and performing our audit of the financial statement s, we considered the City’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the p urpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness o f the City’s internal control.

Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allo w management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that the re is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal c ontrol was for the limited purpo se described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficien cies. Given these limitations , during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

Very truly yours,
]ÉáxÑ{ ] TÜv{?VcT

JOSEPH J ARCH, CPA
President/CEO
JJACPA, INC.

ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14

CITY OF CERES, CALIFORNIA

ANNUAL FINANCIAL REPORT

FOR THE FISCAL YEAR ENDED

JUNE 30, 2021

Prepared by:

Leticia Dias
Finance Director

ITEM 14

This page intentionally left blank.

ITEM 14
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2021

Table of Contents

Page

Table of Contents .................................................................................................................................. i

Organization Chart ............................................................................................................................. v

List of Officials .................................................................................................................................. vii

Independent Auditors’ Report ........................................................................................................... 1

Management’s Discussion and Analysis (Required Supplementary Information) ....................... 3

Basic Financial Statements:

Government-Wide Financial Statements:

Statement of Net Position ........................................................................................................ 19 Statement of Activities ............................................................................................................ 20

Fund Financial Statements:

Governmental Funds:

Balance Sheet ................................................................................................................................ 24 Reconciliation of Governmental Funds Balance Sheet to the Statement of Net Position .................................... .................................................................... 26 Reconciliation of Fund Basis Balance Sheet to Government-wide Statement of Net Positio n – Governmental Activities ............................................................. 27 Statement of Revenues, Expenditures, and Changes
in Fund Balances – Governmental Funds ................................................................................ 28 Reconciliation of Fund Basis Sta tements to Government-wide Statement of Activities ............................................................................................................ 30 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities ............................... 31 Statement of Revenues, Expenditures, and Changes in
Fund Balances - Budget to A ctual – General Fund and
Major Special Revenue Funds ................................................................................................. 32

INTRODUCTORY SECTION

FINANCIAL SECTION
ITEM 14
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2021

Table of Contents, Continued

Page
Basic Financial Statements, Continued:

Fund Financial Statements, Continued:

Proprietary Funds:

Statement of Net Position – Proprietary Funds ............................................................................ 38 Statement of Revenues, Expenses, and Changes in Fund Net Position – Proprietary Funds ............................................................................................................... 39 Statement of Cash Flows – Proprietary Funds ............................................................................. 40

Fiduciary Funds:

Statement of Fiduciary Net Position – Fiduciary Funds ................................................................ 41 Statement of Changes in Fiduciary Net Position – Private Purpose Trust Funds ......................... 42

Notes to Basic Financial Statements .......................................................................................... 45

Required Supplementary Information:

Schedule of Employer Contributions ...................................................................................... 94 Schedule of the Changes in Net Pension Liability and Related Ratios .................................. 95

Combining and Individual Fund Financial Statements and Schedules:

Nonmajor Special Revenue Funds:

Combining Balance Sheet ............................................................................................................ 102 Combining Statement of Reve nues, Expenditures, and Changes i n F und Balances .............................................................................................................. 108 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Street Tree ........................................................................................ 114 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Storm Drain Benefit Districts ........................................................... 115 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Brown Annex ................................................................................... 116 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Eastgate Street Benefit District ........................................................ 117 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – AB 939 ............................................................................................. 118 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Neighborhood Park Fees .................................................................. 119 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – BEGIN Grant .................................................................................... 120 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Program Income BEGIN .................................................................. 121 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Measure H ........................................................................................ 122 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – State Gas Tax .................................................................................... 123 ITEM 14
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2021

Table of Contents, Continued

iii

Page
Combining and Individual Fund Financial Statements and Schedules, Continued:

Nonmajor Special Revenue Funds, Continued:

Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Prop 1B ............................................................................................. 124 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – SLESF .............................................................................................. 125 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Abandoned Vehicle Abatement ........................................................ 126 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Seized Property ................................................................................. 127 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Downtown Revitalization ................................................................. 128 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Street-Light and Landscape District ................................................. 129 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Traffic Offender ............................................................................... 130 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Traffic Safety .................................................................................... 131 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Used Oil Grants ................................................................................ 132 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – ARRA ............................................................................................... 133 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Department of Conservation Grant .................................................. 134 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – CMAQ .............................................................................................. 135 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Community Facilities District .......................................................... 136 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Fire Hydrant Benefit District ............................................................ 137 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Transportation Development Act ..................................................... 138 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Community Center ........................................................................... 139

Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – LLEBG ............................................................................................. 140 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Public Facilities Fees ........................................................................ 141

ITEM 14
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2021

Table of Contents, Continued

Page
Combining and Individual Fund Financial Statements and Schedules, Continued:

Nonmajor Special Revenue Funds, Continued:

Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Daniel Whitmore House ................................................................... 142 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – River Bluff Regional Park ................................................................ 143 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Ceres Community Foundation .......................................................... 144 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – 2020 Public Safety Grants ................................................................ 145 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Clinton Whitmore Mansion .............................................................. 146 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Measure L ......................................................................................... 147 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Road Maintenance and Rehab .......................................................... 148

Internal Service Funds:

Statement of Fund Net Position – Internal Service Funds ...... ..................................................... 151 Statement of Revenues, Expens es, and Changes in Fund Net Position– Internal Service Funds ..................................................................................................... 152 Combining Statement of Cash Flo ws – Internal Service Funds .................................................. 153

Trust and Agency Funds:

Combining Statement of Net Pos ition – Private Purpose Trust Funds ........................................ 155 Combining Statement of Changes in Fiduciary Net Position– Private Purpose Trust Funds ........................................................................................... 156

Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with G overnment Auditing Standards ......................................... 157

ITEM 14
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2021

Organization Chart

ITEM 14

This page intentionally left blank.

ITEM 14
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2021

List of Officials

vii

 Javier Lopez, Mayor
 James Casey
 Linda Ryno
 Brett Silveira
 Mike Kline

 Alex Terrazas, City Manager
 Leticia Dias, Finance Director
 Kayla Martinez, City Treasurer
 Diane Nayares-Perez, City Clerk
 Tom Hallinan, City Attorney

CITY COUNCIL

CITY OFFICIALS
ITEM 14

viii

This page intentionally left blank.

ITEM 14

7080 Donlon Way, Suite 204, Dublin, CA 94568 ● phone (925) 556-6200 ● fax: (707) 232-6226 1102 South Main Street, #1, Fort Bragg, CA 95437 ● phone (707) 964-6325 www.jjacpa.com

INDEPENDENT AUDITORS’ REPORT

To the Honorable Mayor and City Council
of the City of Ceres
Ceres, California

Report on the Financial Statements

We have audited the accompanying financial statements of the go vernmental activities, the business-type activities, each major fund, the aggregate remaining fund information, and budgetary comparison information of the City of Ceres, California (City), as of and for the year ended June 30, 2021, and the rel ated notes to the financial st atements, which collectively comprise the City's basic financial statements as listed in the table of contents.

Management’s Responsibility for the Financial Statements

Management is responsible for the preparation and fair presenta tion of these financial statements in accordance with accounting principles generally accepted in the United States o f America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

Auditor’s Responsibility

Our responsibility is to express opinions on these financial st atements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the Un ited States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan a nd perform the audit to obtain reasonable assurance about whet her the financial statements are free from material misstatement.

An audit involves performing procedures to obtain audit evidenc e about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s jud gment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design aud it procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion.

An audit also includes evaluating the appropriateness
of accounting policies used and the reasonableness of significa nt accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

Opinions

In our opinion, the financial statements referred to above pres ent fairly, in all material respects, the respective financial position of the governmental activities, the business-type acti vities, each major fund, the aggregate remaining fund information, and budgetary comparison information of the City of Ceres, California, as of June 30, 2021, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.

ITEM 14

To the Honorable Mayor and City Council
of the City of Ceres
Ceres, California

Page 2 ends

Ceres City CouncilOctober 24, 2022

Ceres City Council
October 24, 2022