Agenda — Ceres City Council, January 23, 2023

AGENDA
Amendment #1
Dated: January 23, 2023

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, January 23, 2023 at 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); Rosalinda L. Vierra (District 2); Daniel A.

Martinez (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 2022-148, 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/84872399595?pwd=Kys3RTV2WUVtNktaRmRXWVZpeWNFUT09

Webinar ID: 848 7239 9595; Passcode: 116537; or Dial: (669) 900-6833

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

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

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

AGENDA
Regular City Council Meeting
January 23, 2023

Page 2 ends

INVOCATION

Invocation by Pastor Tim Giannosa, Big Valley Grace Church.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. Regional Surface Water Supply Project Progress Report

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 agenda of the January 23, 2023 City Council Meeting was Posted on Wednesday, January 18, 2023. (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. Register of Audited Demand(s) Dated January 4, 2023 through January 11, 2023. (Dias)

4. General Correspondence – Information Only
a. Public Works Monthly Report for December 2022 (Royal) b. Semi-Annual Major Project List Report (Waugh)
AGENDA
Regular City Council Meeting
January 23, 2023

Page 3 ends

5. Resolution No. 2023-07, Authorizing the Second Amendment of the Site Lease Agreement with Verizon Wireless for Use of a Portion of Smyrna Park as a Cellular Radio Communications Facility. (Royal)

6. Resolution No. 2023-08, Approving the Appropriation of $10,000.00 to the Ochoa Park Public Outreach and A uthorize City Manager to R elease Payment to O’Dell Engineering. (Waugh)

7. Resolution No. 2023- 09, Awarding a Professional Design Services Contract for 2022 Water Main & Service Replacement Project to Black Water Consulting Engineers Inc. and Authorizing the City Manager to Execute the Contract. (Waugh)

8. Resolution No. 2023-10, Accepting the Subdivision Improvements for Cambridge Estates Phase 2 Subdivision as Complete, Accepting the Dedications, Releasing the Improvement Security, Accepting the 12-Month Warranty Bond, and Authorizing Filing of the Notice of Completion. (Hoem)

9. Resolution No. 2023-11 , Stating the Intent and Ordering the Annexation of Cambridge Estates Phase 2 Subdivision to the Landscape and Lighting District and Shall Pay all Appropriate Fees. (Hoem)

10. Resolution No. 2023-12, 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)

11. Resolution No. 2023-13, Accepting the Improvements for Ceres Gateway Center as Complete, Accepting the Dedications, Releasing the Improvement Security, Accepting the 12- Month Warranty Bond, and Authorizing Filing of the Notice of Completion. (Hoem)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

12. Resolution No. 2023-14, Authorizing the Use of American Rescue Plan Acts Funds and Neighborhood Park Fees for the Design and Construction of Ochoa Park Improvements, Approve the Conceptual Design, and Approve O’Dell Engineering to Perform the Phase II Design Work and Construction Support. (Waugh)

PUBLIC HEARING

None

NEW BUSINESS

AGENDA
Regular City Council Meeting
January 23, 2023

Page 4 ends

13. Resolution No. 2023 -15, Approving the Regional Surface Water Supply Project Operations Agreement between SRWA, City of Turlock, and City of Ceres and Presenting Progress Report on Regional Surface Water Supply Project. (Royal)

14. Resolution No. 2023-16, Authorizing the City Manager to Execute the Measure L Regional Control Project Cooperative Agreement with StanCOG for the Right of Way Support Phase of the SR 99/Service Road/Mitchell Road Interchange Project and Approve a Budget Amendment. (Waugh)

15. Resolution No. 2023- 17, Approving the Mid-Year Budget A mendment for Fiscal Year 2022-2023. (Dias)

DISCUSSION ITEMS

16. Discuss Remote Participation by Elected and Appointed Officials in Public Meetings under AB 2449. (City Attorney)

COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda (p ursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda).

REPORTS
At this time, any Councilmember s or City s taff will make an announcement, or report briefly on his /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 February 13, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

AGENDA
Regular City Council Meeting
January 23, 2023

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).

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, January 18, 2023, at the following locations in Ceres:

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

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

Regional Surface Water Supply Project
Progress Report
City of Ceres
City Council Meeting
Robert Granberg, P.E., DBIA
General Manager
Stanislaus Regional Water Authority
January 23, 2023
ITEM A
• Governance
• Project Goals (Local and Regional)
• Project Elements
• Planning, Design, and Construction
• Financing and Cost Control Measures
• Surface Water Delivery
• Public Outreach
Today’s Presentation Topics
ITEM A
• Formed in 2011 between Ceres, Turlock and
Modest
o to:
– Purchase surface water from the Turlock
Ir
rigation District
– Treat and deliver potable water “at cost” to
Citie
s
• Gov’t Code 6507 – SR WA as a separate
public entity from Cities
• 2015 Amendment
– Ceres and Turlock agree to plan, design
and const
ruct the Regional Surface Water
Supply Project
SRWA Joint Powers Authority
ITEM A
Improve water supply quality
Project Goals
Quality
Environmental
Diversify
Sustainable
GW
System
Operations
Provide environmental benefits to
Tuolumne River aquatic species
Improve supply reliability by
diversifying supply portfolio
Provide in-lieu aquifer recharge to
support groundwater sustainability
Increase operational flexibility
ITEM A
• Sustainable Groundwater
Man
agement Act (SGMA)
compliance
• Groundwater
sus
tainability and
replenishment
• Improved habitat for fish
an
d wildlife
• Water supply reliability
• Drought resiliency
• Improved access to safe
dri
nking water
Supports Co-Equal Goals of Water
Supply Reliability and Ecosystem Health
ITEM A
Surface Water Supply Project
Elements
River Intake & Pump
Station
Water Treatment
Plant
Transmission
Mains
ITEM A
Project Schedule
2016
Planning
Wet Well Design
Funding Strategy
2017
Environmental
Land Acquisition
Predesign
Funding Applications
Water Rights Modifications
2018
Environmental/Permitting
Procurement
Land Acquisition
Predesign
Funding Applications
Wet Well Construction
Water Rights Modifications
2020
Permitting
Design
Construction
2019
Permitting
Procurement
Design
Financing
Land Acquisition
Wet Well Construction
Local Facilities Design
Water Rights Modifications
2023
Construction
Commissioning
Operation

P L A N N I N G D E S I G N C O N S T R U C T I O N O P E R A T I O N 2021/22
Construction
ITEM A
Project Capital Cost Components
$237M Total Project Cost
$195.4M “Awarded” Capital Cost Components
• 15 mgd initial raw water pumping
• 45 mgd raw water transmission main
• 15 mgd Ceres finished water transmission
• 30 mgd Turlock finished water transmission
• 15 mgd Water Treatment Plant
• Aldrich Road Bridge Replacement
ITEM A
Financing
Total Ceres Turlock
RSWSP
only costs,
grants
included
$184.9M $61.6M $123.3M
Ceres Annual Debt Service = $2.5M for 30 yrs
Ceres Annual O&M = Approx. $1.7M (est.)
State Revolving Fund Loan
ITEM A
• State Revolving Fund (SRF) Loan Financing
Appr
ox. $100M savings over life of loan when
compared to municipal bond financing (1.2%
vs. 4%)
• Grants totaling $35M
• Design-Build (DB) Project Delivery
– DB procurement process provides opportunities
to
reduce capital and O&M costs
– Current Project Cost $192.8M, (-1.3% )
– Construction is 83.2% complete as of 12/31/22
Project Cost Reduction Measures
ITEM A
Wetwell and Infiltration Gallery
ITEM A
• Construction Started
in
2018
• 50’ Deep Excavation
Adj
acent to River
• Challenging
Gr
oundwater Control
• Environmental
Const
raints
• Infiltration Gallery
Testi
ng
• Completed in early
2020
Wetwell Construction
ITEM A
• 48-acre site purchased
f
rom TID
• First Phase Project =
15 m
gd
• Planned for 2 additional
phases (
30 & 45 mgd)
• Flow Split Structure to
all
ow TID to convey
irrigation water to Ceres
Main Canal
• New Bridge over canal
Water Treatment Plant
ITEM A
• Pretreatment and
chemi
cal addition
• Ozone disinfection
• Dual media
bio
logical filters
• Water storage tank
• Finished water pump
sta
tion
• Solids drying
Water Treatment Plant
ITEM A
• 30” Diameter, 5-mile long
• Capacity for ultimate buildout of 15 million
gall
ons per day
• Route from Water Treatment Plant westerly
along
Ceres Main Canal in Hatch Road to
Ceres River Bluff Park
• Ceres is finishing a terminal facility to accept
fi
nished water for pumping to Ceres water
system customers
Ceres Finished Water Pipeline
ITEM A
• Water Delivery Begins – August 2023
• New source to be introduced slowly
• New water to supplement groundwater
pumpi
ng
• Extensive efforts and coordination to ensure
wat
er compatibility
– Corrosion Study complete
– Hydraulic Modeling complete
• Advanced outreach to customers
Surface Water Delivery
ITEM A
Public Outreach & Education

PROJECT

INFORMATION

MONTHLY

PROJECT

UPDATES

CONSTRUCTION
PHOTOS
STANRWA.COM
ITEM A
Questions?
ITEM A
www.stanrwa.com
ITEM A
ITEM A
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4

MEETING DATE: January 23, 2023

TO: Mayor and City Council

FROM:

Alex Terrazas, City Manager

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

SUBJECT: Public Works Monthly Report for December 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 December 2022.

FACILITY SERVICES
• Completed 134 Facilities Maintenance work orders including: 127 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 7 preventive maintenance services
• Assisted with the set-up and event support for Recreation at the Ceres Community Center for the Holiday Festival
• Met with King’s Roofing to assess the condition of all the City’s roofs including the fire stations
• Met with the contracted City Electrical Engineer to evaluate the replacement of the UPS system for emergency power for Dispatch
• Met with Stanislaus County Department of Environmental Resources for inspection and compliance of hazardous materials throughout City buildings • Contracted with ACT/LVP to recycle 330 gallons of old Latex paint • Assisted with SCADA improvements, troubleshooting, and repairs to Well controls for Park’s irrigation improvements, Streets’ lift stations and Water’s wells and communications
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park
ITEM 4a
Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, and five (5) Custodians.

FLEET SERVICES
Completed 76 work orders

Fleet, Department 20
• Fleet received the new enclosed filter crusher (budgeted item) • Repaired small forklift, hydraulic ram leaks and tune up • Repaired large forklift, electronic distributor module and tune up

Fire, Department 15
• Fire Dept received new F150 (21/22 budget item)
• Repaired two West Port fire engines, tank leak and accident repair

Police, Department 10
• Repair emergency lighting on swat truck
• Serviced/repaired 12 patrol and detective units

Streets, Department 30
• Emissions repairs on street sweeper

Water, Department 35
• Water received new supervisor F150 (21/22 budget item)

Parks, Department 40
• Toro mower had rear axle- both mower wing decks -right door glass repaired/replaced
• Replaced wood bed and left fender on toro mower trailer

Wastewater, Department 25
• Vaccon sewer truck had suction hose and blower motor repairs/replace

Facilities, Department 41
• N/A

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 298 service requests in the following categories:
• Bike Path Repairs: 2
• City Grounds Maintenance: 42
• Park Landscape and Maintenance: 155
• Parks Landscape chemical usage: 0 gallons Parks / Grounds ITEM 4a
• Playground and Equipment Repairs; All parts for several playgrounds ordered 120-day plus on arrival
• Playground and Equipment Inspections: 5
• Right of Way (ROW) Irrigation Repairs: 34 sprinklers and 2 valves • Park Trees: 48 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 12 • Total Graffiti Vandalism & Repair cost is $6,000.00
Parks sprinklers repaired or replaced:
o Barry Grove – 2
o Costa Fields – 0
o Don Pedro – 2 vandalisms
o Independence –1 vandalism
o Neel Dog Park – 1 maintenance
o Neel Park – 4 vandalisms
o Persephone – 1 maintenance
o Redwood – 3 maintenances (due to overheating on SCADA) o Riverbluff – 24 vandalisms, 3 pop offs
o Riverview – 4 vandalisms
o Roeding Heights – 2 maintenances
o Sam Ryno – 4 maintenances
o Smyrna – 5 maintenances
o Strawberry – 1 vandalism
o Whitmore – 4 maintenances
Parks General Maintenance/Repairs:
o Maintenance on 3 Wells for winter
o Graffiti removal at Sam Ryno (6), Strawberry (2), River Bluff (4), Roeding (2), Neel (3), Persephone (1), Smyrna (7), Berry Grove, Don Pedro and Independence (2) parks
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 o Grid Prune on hold
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 Faith Home 2 more stolen again
o River road backflow stolen
o Re-staked 2 trees along Eastgate and 6 trees along Fowler Road; 5 trees damaged by vandalism
o East gate / Fiddleleaf 4 trees ran over in auto accident ITEM 4a

Strawberry Park:
o Repaired 12 valve covers screwed down on west side

Independence Park:
o Repaired well due to vandalism

Sam Ryno:
o Closed off 2 to 5 playgrounds due to vandalism, two times repaired. o Vandalism on 5-12 barricades repeatedly put on top of covered area

Smyrna Park:
o Re staked 3 trees along Presidential walkway due to vandalism

Riverview Park:
o 6 to 12 Playground damaged due to fire in slide, parts ordered possible 6-month delivery time. 6 months + on delivery

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 2 times
o Brush hogged trimmed trees lower area
o Wiring damaged by contractor Repaired
o 6’ mainline broken at entrance on hold due to weather

Guillermo Ochoa Park:
o Ongoing maintenance of Carousel and Merry-Go-Round
o Repaired carousel damaged by vandalism 1 time
o Removed Merry-Go-Round wheel due to vandalism, parts arrived to be repaired soon.

Storm update Parks 12/31/22 - 1 tree down
o 3 Parks employees out 6 hours doing drains and tree
City Parks Landscaping and Maintenance is performed by one (1) Supervisor, one (1) Sr.

Parks Maintenance Worker, four (4) Park Maintenance Workers, and one (1) part-time Maintenance Worker.

SOLID WASTE & RECYCLING
Reminder: The Leaf & Limb collection ended on January 9th.

Highlights of solid waste and recycling collection by Bertolotti for December 2022  Residential…………………….… 1116.63 tons
 Commercial……………………… 1,809.69 tons
 Illegal dump……………………… 19.47 tons, 151 locations
ITEM 4a
 Bulky items…………………….… 13.24 tons, 52 locations
 Leaf/limb ……….…………….… 378.63 tons
 Street Sweep………………….… 72.41 tons
 Residential Organics…………… 519.04 tons
 Commercial Organics…………. 373.66 tons
 Residential Recycle………….… 190.66 tons
 Commercial Recycle …………… 4.08 tons
 C&D (Construction/Demolition Debris) .36
 Used oil…………………………… 530 gallons
 Used oil filter……………...……… 62

• Streets/Code Enforcement staff collected 37,545 lbs. of illegally disposed of trash from 151 different locations in December! This has significantly decreased the need for scheduled collection pick -ups by Bertolotti and improved response times for debris removal.
• There were 9 garbage cart storage violation notices issued in December • There were 165 organic cart contamination violations issued in December • There were 2 Recycle cart contamination violations issued • There were 10 Leaf & Limb collection violations issued in December • A reminder about the upcoming free community disposal day for City of Ceres customers that is scheduled for Saturday, February 4
th at the River Bluff Regional
Soccer Complex Parking lot from 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. Outreach efforts to promote the event will include: newspaper advertisement, social media posts (Facebook & Instagram), the City’s website, a flyer in the January utility billing, a message printed on the utility bills, a written article in the Ceres Courier, as well as a comprehensive outreach program conducted through the Department of Transportation’s information distribution channels.
• Residents can pick up FREE compost and mulch at River Bluff Regional Park parking lot during the park’s open hours. The compost and mulch are self -serve and residents must bring their own containers/vehicles and shovels to collect the material. The program is funded by the SB1383 local assistance grant the City received to assist with procurement requirement mandates but will also serve to compliment the City’s turf rebate program and aid with water conservation efforts.

Solid Waste Division work is performed by one (1) Administrative Analyst.

STREETS SERVICES

• Staff responded to a total of 76 customer service requests • Responded to 213 Underground Service Alerts (USA) markings • Repaired 52 streetlights
• Fought 3 heavy rainstorms
• Deployed message boards For Christmas Tree Lane event • Performed traffic control for Christmas Tree Lane opening event • Please note the Streets Division has been down one staff member since January 2022 due to workers comp injury
ITEM 4a
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, six (6) Streets Maintenance Operators, one (1) Street Sweeper Operator and (2) part time Street/Code Enforcement Maintenance workers.

WASTEWATER (WWTP)

• Responded to 13 customer service requests and 30 sewer problems, during working hours and after hours
• Staff responded to 8 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s). There was (1) SSO in December resulted in 93 gals spilled and re-recovered
• Serviced or Repaired:
o Lift Stations – 9
o WWTP Equipment – 10
o Main line sewer plugs – 2
o Aerators – 14
• Staff perform ed weekly landscape maintenance, weed abatement, and levee erosion control
• Staff checked on force main to Turlock
• Staff cleaned 25,486 feet of Sewer Main Line
• Staff CCTV inspected 4,570 feet of sewer line
• Staff continues the process of updating the Wastewater Discharge Report (WDR) • SCADA Integrator, Jeff Burrows, and Wastewater Staff, continued converting lift station and treatment plant controls 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 assisted by HR, continued to review applicants to fill vacant operator positions • Staff assisted by Streets Department cleared plug that caused SSO and cleaned up • Staff assisted with clean-up of backed up storm water throughout the city on multiple occasions
• Staff checked & marked 219 USA tickets, which took 31 hours; preventing contractors from damaging City sewer lines
• Turlock sewer use charges $137,715.45 for the month of November • Modesto sewer use charges $132,273.04 for the month of November • Biochemical Oxygen Demand (BOD) 93 mg/L
• Treated and disposed of 75.23 MG of wastewater with an average of 2.43 MGD Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, one (1) Operator I, two (2) Operator-in-Training. There are still three (2) open Operator positions.

WATER SERVICES

• December 2022 well production was 110.031 million gallons • Average water use for December 2022 was 3.549 million gallons per day • Water staff responded to 57 customer service requests • Water staff responded to 62 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,812
ITEM 4a
o Meters/radios serviced: 43
o Meters replaced: 26
o Meters upgraded from ¾”, 5/8” to 1”: 2
o New meter installations: 1
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 65 were exercised • Blow-offs and hydrants flushed: 15
• Water main leaks: 0
• Service line leaks: 2
• Service lines have been replaced: 2
• Hydrants replaced: 0
• Touched up Tank 2 on rust spots
• Carbon exchange on Well 38

WATER CONSERVATION
December 2022 calculated residential gallons used per person per day: 56.29 • Annual average is 87.72 gallons per person per day
• Responded to 15 water conservation service requests
• Issued courtesy notifications: 13
• Performed 1 water audits
• Delivered 0 water waste warnings and 0 water waste fines • Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 0, Washing Machine: 0, and Turf Replacements: 0
Total Rebates YTD: 101
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 December 2022, we had a decrease 20.19% from the December 2020 production numbers.

ITEM 4a
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 4a

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: January 23, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering
[email protected], (209) 538-5617
SUBJECT:

Semi-Annual Major Project List Report
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGRO UND:

The purpose of this report is to provide an update to the council and the community regarding projects being managed and inspected by Engineering staff.

Projects addressed in this report include both City and private development projects. City projects include projects in construction and in the design process. Private projects are listed as being in review and construction. The review process entails plan checking and approval.

Staff has continued to track all of our construction projects since 2010 to provide the Council with an overview of project delivery, construction totals and use of contingency.

Year Number of
Projects
Construction
Cost ($)
Average
Contingency
2010/11 8 5.3M 7.00%
2011/12 12 5.6M 5.30%
2012/13 21 6.5M 3.10%
2013/14 20 7.3M 3.20%
2014/15 13 4.1M 3.20%
2015/16 19 10.5M 6%
2016/17 14 5.4M 0%
2017/18 18 10.7M 5.20%
2018/19 9 9.2M 2.60%
ITEM 4b
2019/20 11 8.4M 2.60%
2020/21 11 8.0M 2.90%
2021/22 4 1.6M 3.40%
2022/23* 5 1.7M 2.76%
AVERAGE 13 8.66M 3.64%
*FY 22/23 is still active

Use of contingencies depends upon design changes that could result from unknown conditions, impacted residents’ needs, and changes in scope. The Chart above shows the average cost of construction contracts that were accepted as complete since 20 10/2011. With the economic downturn and inflation, supply chain delays, and labor shortages associated with the pandemic, the trend in contingency use is expected to rise. Material cost s alone have risen at a rate of approximately 1% per month since 2019. Labor costs have also contributed to higher costs for projects.

Over the past decade, over $74 million dollars in projects have been delivered. The Engineering Department strives to continue delivering quality projects to maintain and improve our community.

In the five categories below are brief updates for our active capital improvement and land development projects.

Capital Improvement Projects Recently Complete or Active:

1. River Bluff Reservoir & Pump Station (P18-20) - Construction of 3-million-gallon water reservoir and boost pump station for surface water distribution system. Water source is from Stanislaus Regional Water Project (SRWA). This project is currently under construction (project completion 95%).

2. Traffic Signal at Morgan and Service (P18-014) – Construction of traffic signal at the intersection of Morgan Road and Service Road is complete and was accepted by Council on September 12, 2022.

3. Morrow Village Phase 1: The City of Ceres received funding through the Community Development Block Grant (CDBG) to provide public infrastructure for Morrow Village.

The project consists of installing ADA compliant pedestrian sidewalk, driveway ramps, corner ramps, and curb/gutter on Garrison Road from Moffett Road to Rose Avenue.

This project is complete and was accepted September 12, 2022.

4. School Traffic Safety Improvement – Construction of rapid flashing beacons at the Virginia Parks, Carroll Fowler and Walter White school locations. The project consists of furnishing and installing traffic safety solar units, including rectangular rapid flashing beacon devices, pedestrian push buttons, signage, and mounting poles. This project is complete and was accepted by Council on September 12, 2022.

5. ITS Signal Synchronization Phase III & IV: This project includes city -wide intelligent transportation system. This project is part of the City’s master plan for synchronization of existing traffic signals to the City’s traffic operation center. This project is complete and was accepted by Council on September 26, 2022.

6. Well 16 GAC C hambers - The project consists of furnishing and installing two (2) granular activated carbon (GAC) vessels, all related piping, fittings including chemical feed station to house chlorine tank, nitrate & residual analyzer, chain link fencing, ITEM 4b
gates, and site preparation at Well 16 located in the alley, north of Hatch Road and west of Angie Avenue in Ceres. This project is currently under construction (project completion 60%).

7. SRTS Morgan R oad - The project consists of pedestrian facility and street improvements, including pedestrian refuge islands, crosswalk improvements, curb ramp improvements, sidewalk installation and infill, streetlighting, hot mi x asphalt pavement overlay, striping, and other infrastructure improvements. This project is currently under construction (project completion 98%).

8. Whitmore Storm Lift Station - The project consists of removing the existing slab and hatch, constructing a reinforced concrete slab cover, and installing a traffic rated access hatch. This was an emergency project completed to maintain public health and safety. This project is complete and was accepted by Council on September 12, 2022.

9. Transparity Traffic Management System Update – Traffic Operation Center equipment upgrade. Project is in the construction phase; the contract is currently being negotiated with the consultant.

10. Storm Drain Masterplan – The City’s consultant has prepared the 95 % master plan document. Engineering and Public Works staff are preparing the item for Council Acceptance.

City Projects in design (
currently funded):

1. Morrow Village Phase 2 – The City of Ceres received funding through the Community Development Block Grant (CDBG) to provide public infrastructure for a suitable living environment. The scope of work will include sidewalk improvements to Morrow village Neighborhood.

2. Whitmore Avenue Rehabilitation – Roadway grind and overlay from Crows Landing to Morgan Road. (Roadway improvements)

3. Bike Path Extension: Eastgate Boulevard to Faith Home Road – Extend bike path along canal.

4. Morgan Storm Drainage Improvement – This project is to install French drains, drainage inlets or other methods to accommodate the excess volume of water that causes flooding on Morgan Road.

5. Bike Lane Corridors- Installation of Bike Lane striping and other improvements along Herndon Avenue (Hatch to Central), Eastgate Boulevard (Hatch to Helen Perry), and El Camino Avenue (2nd to Don Pedro).

6. Richland Avenue Sidewalk Replacement - Hatch Road to Phil Way sidewalk replacement and infill.

7. 2022 Pavement Preservation - Local Roadway preservation, roadway improvements ITEM 4b
funded with Measure L revenue.

8. Lucchesi Lane Sewer Rehabilitation – Remove and replace failing sewer main on Lucchesi Lane from Cadillac Drive to Musick Avenue.

9. Smyrna Park Revitalization – Resolution 2022-98 approved the Clean California Local Grant award of $2,872,661 with a local match of $410,380 in the FY 2022/23 budget.

10. Guillermo Ochoa Park Phase II – Public outreach events were held to garner input from residents on desired design features. City has revisited the design and amenities via two public outreach events and provided a conceptual design for council approval.

11. Richland Avenue Sewer Rehabilitation – An emergency response has identified an eroded sewer mainline in Richland Avenue from Giddings Street to Evans Road. A failed section of deteriorating pipe was replaced in November 2022. Upon camera footage on Richland Ave, inspection revealed that the interior of the pipe adjacent to the failed portion was heavily corroded. It was determined that the entire section of sewer main on Richland Ave needed to be replaced from Giddings Road to Evans road before another section fails.

12. Westpoint Lift Station Upgrades – The existing lift station at the intersection of Morgan Road and Hackett Road has a high maintenance demand and upgrades are necessary to keep the facility working optimally.

13. Water Transmission Main Phase 1- The Riverbluff Reservior Tank is near completion and water transmission lines to transmit water across the City are necessary to benefit from the surface water treatment plant. The first phase of transmission line will be on Hatch Road from Mitchell Road to Central Avenue.

Additional phases will be necessary.

14. Water Main Replacement – The City will remove, replace and relocate water mains within or adjacent to the roads Shushan, Mockingbird, Robin, Cardinal, Bluebird, Starling, Oriole, Hummingbird.

15. WWTP Road Improvements – The WWTP site has existing access roads in need of road maintenance.

16. Well 22 Treatment – The well needs to be rehabilitated to deal with sand infiltration in the system. Design is currently at 65%.

City Projects in de
sign (full funding needed):

1. Traffic Calming Program – Engineering Department staff have identified standard counter measures and an implementation strategy. Funding is currently not available and is planned for allocation in the next fiscal year.

2. Fire Training Facility Phase II Tactical Tower – City staff is coordinating with Modesto ITEM 4b
Fire about final design features of the training tower structure and allocation of additional funding for the project.

3. 6 th St Water Extension – Remove and r eplace existing water main from Caswell Avenue to Whitmore Avenue. Replace house laterals and meters. This project is under planning (0% design).

4. Palm Estates Storm Drain Rehabilitation – Remove and replace existing storm drain line from Standford to Pyramid Avenue that is failing. This project is under planning.

5. Whitmore Avenue Median Improvements - From Mitchell Road to Rose Avenue, roadway median improvements and crosswalk installation including striping and signage.

6. Mitchell Road Median Improvements - Garrison Road to Whitmore Avenue, roadway median improvements and crosswalk installation.

7. 2022 4th and El Camino Avenue Storm Drain Culvert - Replacing a failed pipe from 4th Street into SR 99 on/off ramps.

8. SR99 Service / Mitchell R oad Interchange (NV5): UPRR has approved the 30% design plans and the 90% plans will be submitted to UPRR next month. Right of way consultant RFP will be published next month after Council approval of StanCOG’s Measure L co-op agreement.

9. Public Facility Fee Update – The City needs a fee study completed to assess future changes to our currently fee schedule. This is related to the NEXUS study which fulfills collecting fees to operate our service. It is anticipated to need more funding allocated to complete this item.

10. Public Works Corporation Yard Master Plan – An assessment of future proj ects needed at the Public Works Corporation Yard.

Private Development Projects in Review:

1. Whitmore Ranch Ph I and II – Low and medium residential subdivision development proposed at Whitmore Avenue and Lunar Drive. Project includes 107 housing units in Phase I, 46 units in Phase II, a park with playground structures, and a traffic signal at Whitmore Avenue and Boothe Road. Construction to start in 2023.

2. Raising Canes – Project is located at the northeast corner of Hatch Road and Herndon Avenue. Construction is tentatively scheduled for Summer 2023.

3. Public Storage – This project is storage facility located at the northeast corner of Hatch Road and Herndon Avenue. Site preparation has started for this project.

4. El Rematito Parcel Map – Subdivision map is 99% ready, need to develop an Improvement Agreement.

ITEM 4b

5. 2125 Moffett Apartment Complex – Currently in plan checking the first submittal civil plans. Construction schedule is to be determined.

6. Sambella Plaza – Plan checking their third submittal civil plans for the Commercial Subdivision Plaza located at Rohde Road and Mitchell Road. Construction schedule is to be determined.

7. Gas & Convenience Store Building – Ceres Landing Service Station proposed at the Gateway Center. Plans are currently under review.

8. Lions Plaza – Proposed Commercial Plaza at Mitchell Road and Roeding Road. Plans are currently under review.

9. 1015 Marchy Lane – Proposed building storage. Plans currently under review.

Located at the Morgan Road Industrial Park.

10. Magnolia Square Apartments – Proposed apartment complex on Magnolia Street.

Plans to be submitted.

11. Popeyes – Proposed fast food located at the Gateway Center at Service Road and Mitchell Road. Plans are under review.

12. AMPM Gas Station and Market – Proposed gas station and convenience market at the northwest corner of Service Road and Morgan Road.

13. 4355 United Drive: Vargas Storage Building – Proposed storage and warehouse in the Morgan Industrial Park.

14. 3420 9
th Street Apartments – Proposed apartments at the subject property. Plans are under review.

15. 2125 Moffett Road Apartments – Proposed apartments at the subject property. Plans are under review.

16. 1230 & 1260 Partee Lane – Commercial Warehouse, plans currently under review.

Private Development Projects in Construction:

1. Gateway Center Phase I– Commercial development project located at the southwest corner of Mitchell & Service. Project consists of installing wet and dry utility infrastructure through the site for proposed commercial restaurants (In-n-O ut, Chipotle, Ono Hawaiian Barbeque, Starbucks, & Popeyes.) The infrastructure for this project is at 99% completion. Phase I is to be followed by Ph ase II with more development.

ITEM 4b

2. Gateway Center Phase II – Phase II of the commercial development project is located at the southwest corner of Mitchell Road and Service Road. City Staff is currently plan reviewing Phase II improvements. Estimated construction is late Spring 2023.

3. Walmart – The commercial building is open under a Temporary Certificate of Occupancy. Punch list items include programming video detection cameras for traffic signal, installing damaged fiber, crosswalk striping, and traffic calming measures on Don Pedro Road. This project is at 99% completion.

4. Olive Villas – Project includes townhouse units located just east of the Moffe tt and Hatch Road intersection. This project is at 45% completion.

5. Cambridge Estates – Low density residential subdivision project located at Hackett and Morgan Road. Infrastructure is fully installed and approved.

6. Hatch & Herndon Backbone Improvements – Project includes backbone infrastructure including water, sewer, and storm systems for the proposed commercial plaza development at the northeast corner of Hatch Road and Herndon Avenue.

Engineering Department is plan checking the third submittal. Construction is 85% complete.

7. Hatch and Herndon Water Relocation – Water infrastructure to provide City water to the proposed commercial development at Hatch Road and Herndon Avenue. This project is at 45% completion.

8. Nanik Plaza – Office building mirroring existing on Mitchell R oad. This project is delayed.

9. Tuscany Village – Project includes townhouse units located on Whitmore Ave nue, west of Railroad Avenue. This project is at 80% completion.

10. McDonald’s Remodel ( 1324 Hatch Road) – Demolition of existing McDonald’s building has begun. This project is in construction and projected to be completed the Summer of 2023.

11. 4475 Morgan Road Ochoa Truck Parking -Developer is working on finalizing construction. This project is at 95% completion.

12. Quick Quack Car Wash – This project is a car wash development at the new Gateway Center Plaza located at the southwest corner of Service Road and Mitchell Road.

Construction is 65% complete.

13. Dutch Brothers – The coffee shop project is located at the northeast corner of Hatch Road and Herndon Avenue. Construction is 85% complete.

ITEM 4b
ITEM 4b

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4

MEETING DATE: January 23, 2023

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Sam Royal, Director of Public Works
[email protected], (
209) 538-57 17

SUBJECT: Resolution No. 2023-07, Authorizing the Second Amendment of the Site Lease Agreement with Verizon Wireless for Use of a Portion of Smyrna Park as a Cellular Radio Communications Facility

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the extension of the current Site Lease Agreement with Verizon Wireless for private use of a portion of Smyrna Park as a Cellular Radio Communications Facility.

I. BACKG
ROUND:

Smyrna Park is a 20 -acre improved park site in central Ceres containing multiple improvements and park lands. On November 13, 2000, city council approved a resolution for a site lease agreement with Verizon Wireless for the lease of approximately 480 sf. space at Smyrna Park for the purpose of further ing their business operations by establishing the site for the transmission and reception of cellular radio communication signals. The effective date for the current term of the site lease agreement is June 27, 2001, with a five-year (5) term period, and with four (4) additional five -year (5) term extensions.

II. RE
ASONS FOR RECOMMENDATION:

The current term of the lease expires on September 30, 2026. Upon the expiration of the current term, staff recommends extending the site lease agreement with Verizon Wireless for three (3) additional five (5) year extension terms , the same terms and conditions in accordance with section 2 of the R enewal Site Lease Agreement. The first renewal date shall commence on October 1, 2026.

ITEM 5
III. FISCAL IMPACTS:

There is no cost to the City associated with this Site Lease Agreement. Instead, the City can expect a solid revenue stream.

Beginning on the commencement date of October 1, 2026, the current rent will be $1,524.29 per month. Commencing on the second renewal date of October 1, 2031, and on each renewal date thereafter the base rent shall be increased by an amount equal to 10% of the rent in effect during the immediately preceding term.

Commencing on the first renewal date of October 1, 2026, the current rent will be $1,524.29 per month. Commencing on the second renewal date of October 1, 2031, and on each renewal date thereafter, the base rent shall be increased by an amount equal to 10% of the rent in effect during the immediately preceding term.

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

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

V. P
OLICY ALTERNATIVES :

Should City Council decide not to extend the lease agreement then the City would lose the revenue stream that has been generated over the past 25 years.

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 City Council, the City Manager shall execute the agreement.

Approved by:_____________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution 2023-07
ITEM 5

2. Exhibit A, Original Lease & First Amendment to Lease Agreement

3. Exhibit B, Second Amendment to Lease Agreement & Property Description ITEM 5
ITEM 5
RESOLUTION NO. 2023-07

AUTHORIZING THE SECOND AMENDMENT OF THE SITE LEASE

AGREEMENT WITH VERIZON WIRELESS FOR USE OF A PORTION

OF SMYRNA PARK AS A CELLULAR RADIO COMMUNICATIONS

FACILITY

THE CITY COUNCIL
City of Ceres

WHEREAS, a Site Lease A greement with Verizon Wireless has been in effect since November 2000 for the use of a portion of Smyrna Park to establish cellular radio communications; and

WHEREAS, in June 2001 an amendment was made to the A greement to include more ground space; and

WHEREAS, Verizon has requested a second amendment to t he Agreement for three (3) additional five (5) year terms with the same terms and conditions as previously agreed upon; and

WHEREAS, there is no cost to the City associated with this Site Lease Agreement, and no other planned use for the specific site itself.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the second amendment of the Site Lease Agreement with Verizon Wireless for use of a portion of Smyrna Park as a cellular radio communications facility.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23
rd day of January 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 5
ITEM 5

EXHIBIT A
ITEM 5

Whitmore Avenue Second Amendment to Lease
#165395251v3< - Whitmore Avenue - 2nd Amendment (MW 10.5.22) 1 SECOND AMENDMENT TO LEASE
Thi
s SECOND AMENDMENT TO LEASE ("Amendment") is made as of the last signature date below, by and between the CITY OF CERES, a municipal corporation of the State of California ("Lessor"), and SACREMENTO-VALLEY LIMITED PART NERSHIP, dba VERIZON WIRELESS (“Lessee”), with reference to the facts set forth in the Recitals below:

RECITALS
A. Lesso
r is the owner of that certain real property located identified as Parcel Number 040-019-016, and located in the City of Ceres, County of Stanislaus, State of California (the "Property”), as legally described in Exhibit "A-1" to the Lease (as defined below).

B. Purs
uant to th at certain Lease dated June 27, 2001 (the “Original Lease ”), as amended by that certain First Amendment to Lease executed but erroneously undated (the “First Amendment”, and together with the Original Lease, the "Lease"), Lessee leases a portion of the Property together with easement s for access and utilities (the "Premises") from Lessor for the construction, operation and maintenance of Lessee’s communications facility, including required antennas and antenna support structure(s), as further described in the Lease.

C. Lesso
r and Lessee desire to amend the Lease to provide for three (3) additional five (5) year renewal terms on the terms set forth below.

D. Each
of Lessor and Lessee are sometimes referred to herein as a “ Party” or , collectively, the “Parties.”

AGREEMENT
NO
W, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and condit ions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Recitals. The foregoing Recitals are restated and incorporated herein by reference.

2. R enewal Terms. The parties acknowledge and agree that the current term of th e Lease expires on S eptember 30, 2026 (“Current Term ”). Upon the expiration of the Current Term, the Lease shall automatically extend for three (3) addition al five (5) year ex tension terms (each, a “ Renewal Term”) on the same term s and conditions except as amended herein, unless Lessee terminates the Lease at the end of the Current Term or the then-current Renewal Term, in accordance with Section 3 of the Ori ginal Lease. The first day of each Renewal Term shall be referred to as the “Renewal Date.”

3. B ase Rent In creases. Commencing October 1, 2026 (the “First Renewal Date”) Rent shall no longer increase in accordance with Section 4(b) of the Original Lease, but rather in accordance with Section 3 of this Amendm ent. Commencing on the F irst Renewal Date, base rent shall remain the same as the base rent in immediately preceding term and shall remain the same until October 1, 2031 (the “Second Renewal Date”). Commencing on the Second Renewal

EXHIBIT B
ITEM 5

Whitmore Avenue Second Amendment to Lease
#165395251v3< - Whitmore Avenue - 2nd Amendment (MW 10.5.22) 2 Date and on each Renewal Date thereafter the base rent shall be increased by an amount equal to 10% of the Rent in effect during the immediately preceding term.

4. A ssignment and Suble tting. Without any approval or consent of the other Part y, the Lease may be sold, assigned or transferred by either P arty to (i) any entity in which the Party directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party; or (iii) any entity directly or indirectly under common control with the Party. Lessee may assign this Lease to any entity which acquires all or substantially all of Lessee ’s assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization without approval or consent of Lessor . As to other parties, this Lease may not be sold, assigned or transferred without the written consent of the other Party, which such consent will not be u nreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of Le ssee or transfer upon partnership or corporate dissolution of either Party shall constitute an assignment hereunder. Lessee may sublet the Pr emises in Lessee’s sole discretion.”

5. Casualty. If a fire or ot her casualty damages the Property or the Premises and impairs Lessee’s use , rent shall abate until Lessee’s use is restored. If Lessee’s use is not restored within 45 days, Lessee may terminate the Lease.

6. Condemnation. If a condemnation of any portion of the Property or Premises impairs Lessee’s use, Lessee may terminate the Lease. Lessee may on its own behalf make a claim in any condemnation proceeding involving the Premises for losse s related to Lesse e’s communications equipment, relocation costs and, specifically excluding loss of Lessee’s leasehold interest, any other damages Lessee may incur as a result of any such condemnation.

7. Continued Effect. Except as specifically modif ied by t his Amendment, a ll the terms and conditions of the Le ase shall remain in full force and effect. In the event of a conflict between any term and provision of the Lease and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as othe rwise stated in this Amendment, all initially capitalized terms will have the same respectiv e defined meaning stated in the Lease. All captions are for reference purposes only and shall not be used in the construct ion or interpretation of this Amendment. T his Amendment may be executed in count erparts, including written and electronic forms. All executed counterparts shall constitute one A mendment, and each counterpart shall be deemed an original.

EXHIBIT B
ITEM 5

Whitmore Avenue Second Amendment to Lease
#165395251v3< - Whitmore Avenue - 2nd Amendment (MW 10.5.22) 3 IN W
ITNESS WHEREOF, Lessor and Lessee have c aused this Amen dment to be executed by each party's duly authorized representative effective as of the date of full execution last written below.

LES
SOR:

Ci
ty of Ceres,
a municipal corporation of the State of California
By:

Nam e: ______________________________
Title: _______________________________
Dat e:

LESS
EE:

Sacr
amento-Valley Limited Partnership, a
California limited partnership, dba Verizon
Wireless
By:

AirTouch Cellular Inc., a California
corporation, its general partner
By:

Name: ______________________________
Title: _______________________________
Dat
e:

EXHIBIT B
ITEM 5
ITEM 5
116767883_1.docx

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

Mc
GuireWoods LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067
Attention: Jacob E. Nielsen, Esq.

Re: Whitmore Avenue - Ceres
______________________________________________________________________________ (Space above this line for Recorder's use.)
ME

MORANDUM OF SECOND AMENDMENT TO LEASE
Thi
s Memorandum of First Amendment to Lease ("Memorandum") is made as of the latter signature date below between the City of Ceres ( “Lessor”) and Sacramento-Valley Limited Partnership, dba Verizon Wireless (“Lessee”). Lessor and Lessee originally entered into that certain Lease dated June 27, 2001, for which a Memorandum of Lease was recorded July 16, 2001 in the Stanislaus County Recorder’s office as Document No. 01-0079649- 00, as amended by that certain unrecorded First Amendment to Lease executed but erroneously undated (collectively, the “Lease”), pursuant to which Lessee leases a portion of certain real property in the City of Ceres and identified as Stanislaus County Assessor’s Parcel Number 040-019-016 (“Property”), as legally described in Exhibit “A” attached hereto and incorporated herein , for the construction, maintenance and operation of Lessee’s communications equipment on the Property.

Th
e unrecorded Second Amendment to Lease (“Amendment”), for which this is a Memorandum of, extends the term of the Agreement, all as more particularly described in the Amendment.

The terms, covenants and provisions of the Agreement, as amended by the Amendment , the terms of which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]

EXHIBIT B
ITEM 5
2 IN WITNESS WHEREOF, hereunto and to a duplicate hereof, Lessor and Lessee have caused this Memorandum to be duly executed on the date last written below.

LESS
OR:

City of Ceres,
a municipal corporation of the State of California
By:

Name: ______________________________
T
itle: _______________________________
Dat e:

LESS
EE:

Sacramento-Valley Limited Partnership, a
California limited partnership, dba Verizon
Wireless
By: AirTouch Cellular Inc., a California
corporation, its general partner
By:

Name: ______________________________
Title: _______________________________
Dat e:

EXHIBIT B
ITEM 5
3 LESSOR NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ATE OF CALIFORNIA
COUNT
Y OF _______________
On _____________________________ before me, , a Notary Public, personally appeared ___________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WI
TNESS my hand and official seal.
______________________________________
Signature of Notary Public
Place Notary Seal Above

EXHIBIT B
ITEM 5
4 LESSEE NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ATE OF CALIFORNIA
COUNT
Y OF _________________________
On _____________________________ before me, , a Notary Public, personally appeared _______________________________________, who proved to me on the basis of satisfact ory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WI
TNESS my hand and official seal.
______________________________________
Signature of Notary Public
Place Notary Seal Above

EXHIBIT B
ITEM 5
Exhibit "A"
EXHIBIT "A"
(LEGAL DESCRIPTION OF THE PROPERTY)
APN
040-019-016

EXHIBIT B
ITEM 5
ITEM 5

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4

MEETING DATE: January 23, 2023

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Kevin Waugh, P.E., Engineering Services Director/City Engineer [email protected], (
209) 538-57 17

SUBJECT: Resolution No. 2023- 08, Approving the Appropriation of $10,000.00 to the Ochoa Park Public Outreach and A uthorize the City Manager to Release Payment to O’Dell Engineering

RECOMMENDED COUNCIL ACTION:

Staff recommends City Council approve the appropriation of $10,000.00 for Ochoa Park Community Public Outreach and authorize City Manager to release payment to O’Dell Engineering.

I. BACKG
ROUND:

With many members of the community expressing input on Ochoa Park design. City Council approved a $10,000.00 budget for public outreach regarding the Ochoa Park Phase II design per Resolution 2022-116, signed on August 22, 2022. Engineering directed staff to conduct public outreach and survey efforts to capture desired features for the design of future Ochoa Park Improvement s. Typically , p ublic outreach efforts require tremendous amount of resources and cost about $25,000.00.

Staff have retained O’Dell Engineering under m aster on- call contract to perform public Outreach Workshop, community s urvey, and a conceptual design of Ochoa Park Improvements at a cost of not to exceed $10,000.00.

The City hosted two public outreach events on October 8th from 9 AM - 11 AM & October 12th from 5 PM - 7 PM. Promotion of the outreach events were advertised on the City’s website, as well as an online survey. City Staff also distributed approximately 1,250 event flyers door-to-door throughout the Ochoa Park Neighborhood. With the survey data and community feedback from the public outreach, staff worked with the design group and prepared a conceptual design.

ITEM 6
II. REASONS FOR RECOMMENDATION:

Staff have coordinated with O’Dell Engineering to perform two public outreach events, conceptual design survey and administer draft of conceptual design . Staff is requesting a budget amendment of $10,000.00 to the appropriate account payable to release payment to O’Dell Engineering.

III. F
ISCAL IMPACTS :

Staff requests a budget amendment of $10,000.00 into account 25395.800500 (170400), Neighborhood parks fees to be allocated and payable to O’Dell Engineering.

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, facilities) that fosters a quality community and supports a strong economy.

V. P
OLICY ALTERNATIVES :

Should the City Council decide not to approve the appropriation, the City would still be liable to compensate O’Dell engineering on the engineering services and for possible legal costs.

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 City Council, the Finance Director shall make the appropriate accounting entries.

Approved by: ________________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution 2023-08

2. Budget Amendment
ITEM 6

3. Survey Summary

4. Conceptual Design
ITEM 6
ITEM 6
RESOLUTION NO. 2023-08
APPROVING THE APPROPRIATION OF $10,000.00 TO THE OCHOA

PARK PUBLIC OUTREACH AND AUTHORIZE THE CITY MANAGER
TO RELEASE PAYMENT TO O’DELL ENGINEERING

THE CITY COUNCIL
City of Ceres
WHEREAS, the City has retained O’Dell Engineering to conduct in public outreach for desired features of future; and
WHEREAS, the cost for conducting the workshop and preparing meeting materials and the survey was not to exceed $10,000.00; and
WHEREAS, the City and O’Dell Engineering created two public outreach events, a survey and a conceptual design; and
WHEREAS, in order to compensate O’Dell Engineering for the engineering services provided for Ochoa Park Public Outreach. S taff is requesting a budget amendment in account 253.95.800500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the appropriation of $10,000.00 to the Ochoa Park Public Outreach and authorizes the City Manager to release payment to O’Dell Engineering.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of January 2023, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
__________________________
Javier Lopez, Mayor
ATTEST:
___
__________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2023-08, dated January 23, 2023 authorizing the appropriation of funds for the Ochoa Park Community Outreach as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Ochoa Park Public
Outreach
253 95 800500 10,000.00

Requested Appropriation $10,000.00
2022 - 2023 Current Appropriation $0.00
Total Appropriation $10,000.00

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 6
ITEM 6
ITEM 6
ITEM 6
6 9

CITY OF CERES
PHASE 2 - MASTER PLAN CONCEPT

FIDDLELEAF LANE

EASTGATE BOULEVARD

COMMUNITY OUTREACH DESIGN RESULTS

GUILLERMO OCHOA PARK
PHASE 2
PHASE 1
PHASE 2
PHASE 2

KIWI DRIVE
PHASE 2
3 1
2 LEGEND

OPEN FIELD

GAME AREA SURFACING

PARK ENTRANCE

PLANTING (TREES AND GRASSES)
SHADE STRUCTURES (2) OVER PICNIC
TABLES (4) & BBQ (1)
TRASH & RECYCLING RECEPTACLES(6)
DOGGIE-POT WASTE STATION (2)
HALF BASKETBALL COURT (1)
HALF BASKETBALL COURT (1)
PICKLEBALL COURT (2)
DRINKING FOUNTAIN (1)
PHASE 1 - INSTALLED
PHASE 2
6 4
5 8
7 1
3 4
4 PICKLEBALL COURT10
HALF BASKETBALL COURT8
GAME AREA SURFACING2
SHADE STRUCTURE5

3 3
9 5
5 6
6 7
7 2
10 8
4 10
11 3
4 11
9 ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: January 23, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., Engineering Services Director/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 202 3-09, Awarding a Professional Design Services Contract for 2022 Water Main & Service Replacement Project to Black Water Consulting Engineers Inc. and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council award a contract for 2022 Water Main & Service Replacement Project to Black Water Consulting Engineers Inc. in the amount of $243,960.00 and authorize the City Manager to execute the contract.

I. BACKGROUND:

The purpose of the project is to eliminate undersized and aging water infrastructure, in preparation of the SRWA water source to go online for the City. Staff determined that surface water will increase the corrosion rate for steel pipes in the City. Staff created a list of local water mains that are in need of replacement. The project scope includes the abandonment of 6400 LF of old steel main and the design of approx. 6400 LF of new 8- inch Polyvinyl Chloride (PVC) water pipe to current City Standards. Construction of this project is tentatively scheduled for late Summer 2023 to early Fall 2023.

Water Main and Service Replacement are typical for aging water infrastructure. Corrosion problems may develop in the line, as they could disrupt service lines to homes , inflict serious property damage, and, in some cases, lead to significant health hazards.

II. REASONS FOR RECOMMENDATION:

Staff recognized that water main and service replacement is needed to eliminate undersized and aging water infrastructure and in prevention of water pipe corrosion.

Proposal for the professional design services were publicly solicited on October 20th, 2022 with bids due December 1 st, 2022. Staff received proposals from seven consultants and ITEM 7
negotiated the contract terms with the highest rank consultant (Black Water Consulting Engineers)
III. FISCAL IMPACTS:

This project was included and programmed in Fiscal Year 2022/23 – Capital Improvement Plan (CIP) in account number 52795.800500 and 54095.800500. The total amounting for design services work is $243,960.00.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

This project is in conformance with the first goal of the strategic plan to ensure the community has adequate, well-maintained infrastructure that fosters a quality community.

V. POLICY ALTERNATIVES:

Council can choose to direct staff to reject the proposal and re- solicitate for the project design, or postpone the project to a later date, which may cost accelerated corrosion in approximately 6400 LF of steel water main from surface water supply.

VI. INTERDEPARTMENTAL COORDINATION:

Upon Notice to Proceed, the Public Works Water Division will assist in providing quality assurance and quality control to City’s distribution system.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

Environmental exception will be under review by consultant and City Staff.

IX. STEPS FOLLOWING APPROVAL:

Execute the contract with Black Water Consulting Engineers Inc. and issue the Notice to Proceed.

Approved by: ___________________________
Alex Terrazas, City Manager

Attachments:

1. Black Water Consulting Engineers General Service Agreement, Scope of Work & Fee Schedule

ITEM 7
RESOLUTION NO. 2023-09

AWARDING PROFESSIONAL DESIGN SERVICES CONTRACT FOR
2022 WATER MAIN & SERVICE REPLACEMENT PROJECT TO
BLACK WATER CONSULTING ENGINEERS INC. AND AUTHORIZING

THE CITY MANAGER TO EXCEUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres
WHEREAS, water main and service replacement is needed to eliminate undersize and aging water infrastructure; and
WHEREAS, proposals for design services soliciting for the 2022 Water Main & Service Replacement Project were due December 1, 2022; and WHEREAS, seven proposals were received and ranked by Staff; and WHEREAS, City staff has negotiated and finalized the proposal with Black Water Consulting Engineers and recommends the contract be awarded for $243,960,00; and WHEREAS, 2022 Water Main & Service Replacement Projects was programmed in the FY 2022/23 Capital Improvement Pr ogram in account number 527.95.800500 and 540.95.800500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award a professional design servic es contract for 2022 Water M ain & Service Replacement Project to Black Water Consulting Engineers 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 23rd day of January 2023, by the following vote:

AYES: Counci
lmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_________
_______________________
Javier Lopez, Mayor
ATTEST:
_________
_____________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7

GENERAL SERVICES AGREEMENT BETWEEN
THE CITY OF CERES AND BLACK WATER CONSULTING ENGINEERS, INC.

This agreement for general services (“Agreement”) is entered into on , 2023 (the “Effective Date”) between the City of Ceres (“City”) and Black Water Consulting Engineers Inc. (“Contractor”) (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Contractor agrees to perform all services described in the proposal dated December 14, 2022, Scope of Work shall include design of 2022 Water Main & Service Replacement. See attached as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Contractor completes the work described in Exhibit A, or no later than one (1) year from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.

1.2 Standard of Performance. Contractor shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. In the event of termination, Contractor shall be entitled to compensation for services satisfactorily completed as of the date of written notice of termination; City, however, may condition payment of such compensation upon Contractor delivering to City documents and records identified in Section 8.1 of this Agreement.

Section 2. COMPENSATION. City hereby agrees to pay Contractor an amount NOT TO EXCEED ($243,960.00) for all work set forth in Exhibit A, and made a part of this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal regarding the amount of compensation, this Agreement shall prevail.

2.1 Invoices. Contractor shall submit invoices once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

2.3 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

ITEM 7

General Services Agreement between
CITY OF CERES and Black Water Consulting Engineers Inc. Page 2 of 7

Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.

3.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident.

3.2 Commercial General and Automobile Liability Insurance. Contractor shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. At the sole option of the City, the City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City.

3.3 All Policies Requirements.

3.3.1 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ceres as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 4

3.3.2 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Section 4. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

4.1 Contractor shall to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against any and all claims that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the Contractor. Contractor will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, ITEM 7

General Services Agreement between
CITY OF CERES and Black Water Consulting Engineers Inc. Page 3 of 7

whether directly or indirectly (“Liabilities”). Such obligations to defend, hold harmless and indemnity the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

Section 5. STATUS OF CONTRACTOR.

5.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.

6.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.

Section 7. MODIFICATION.

7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

7.2 Assignment and Subcontracting. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City. Contractor shall not ITEM 7

General Services Agreement between
CITY OF CERES and Black Water Consulting Engineers Inc. Page 4 of 7

subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.

7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

7.4 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

7.4.1 Immediately terminate the Agreement;

7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;

7.4.3 Retain a different Contractor to complete the work described in Exhibit A not finished by Contractor; or

7.4.4 Charge Contractor the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor in accordance with Section 2 if Contractor had completed the work.

Section 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

8.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Contractor’s business.

ITEM 7
General Services Agreement between
CITY OF CERES and Black Water Consulting Engineers Inc. Page 5 of 7 S
ection 9

9.1 9
.2
9 .3
9 .4
9 .5
9 .6
9 .7
9 .8
MISCELLANEOUS PROVISIONS.

Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Merced County of Stanislaus or in the United States District Court for the Eastern District of California.

Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

Contract Administration. This Agreement shall be administered by Wing Chang, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

Notices. Any written notice to Contractor shall be sent to:

Any written notice to the City shall be sent to:

City of Ceres Engineering
2220 Magnolia St
Ceres, CA 95307
Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.

General Services Agreement between
CITY OF CERES and Black Water Consulting Engineers Inc. Page 6 of 7

9.9 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Contractor agree to re solve the dispute in accordance with the following:

Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action.

This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.

9.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF CERES Contractor
____________________________ ______________________________ Alex Terrazas, City Manager Black Water Consulting Engineers Approved as to Form:
____________________________
Nubia Goldstein, City Attorney
ATTEST:
_____________________________________
Fallon Martin, City Clerk
ITEM 7

General Services Agreement between
CITY OF CERES and Black Water Consulting Engineers Inc. Page 7 of 7

EXHIBIT A

SCOPE OF SERVICES

[ATTACH SCOPE OF SERVICES]

ITEM 7

602 LYELL DRIVE, MODESTO, CA 95356
T: 209.322.1820 | www.blackwater-eng.com
Scope of Work
Black Water (Consultant) has reviewed the typical duties/tasks for the general scope of work in the RFP. Our detailed understanding of the project needs, objectives, as well as knowledge of the City water system and experience with similar projects are cen tral to the development of the scope of work. We have combined tasks included in the RFP in our scope of work.

We have also identified the following tasks, included in the RFP typical scope of work, that we would consider additional/optional tasks that wo uld enhance the project, but may not be necessary for a successful project and if not done can provide a reduction in the design budget.

Environmental Document – CEQA: The project is subject to CEQA review, although it is likely exempt from detailed CE QA analysis if exemption criteria can be met. The subconsultant, BaseCamp Environmental, Inc. (BaseCamp), will conduct a two-step CEQA review for the project.

If, after analysis, the project qualifies for a CEQA exemption, BaseCamp would prepare the necessary support documentation and file a Notice of Exemption on direction from the City. If this is not the case, BaseCamp would prepare and assist the City in processing a CEQA Initial Study/Mitigated Negative Declaration which is included as an additional ta sk in the scope of work. If it is determined that the project does not qualify for a CEQA exemption, BaseCamp will prepare and assist the City in processing a CEQA Initial Study/Mitigated Negative Declaration.

Potholing: Typically, potholing is the responsibility of the Contractor to verify the location of utilities shown on the plans. Our scope of work includes extensive utility research and field investigation services, including ground penetrating radar (GPR) services. We believe that the information collected through field survey, GPR, and review of with existing City records will provide sufficient information for the contrac tor to determine locations to pothole prior to constriction to verify existing utilities. This scope of work includes 15 pothole.

Stormwater Pollution Prevention Plan (SWPPP): It is recommended that the project contract documents require that the Contractor prepare the project -specific Stormwat er Pollution Prevention Plan (SWPPP) and Best Management Practices (BMP's) to comply with the Construction General Permit and City requirements. The consultant will assist the City with the electronic submittal of the SWPPP to the State's Storm Water Monit oring and Report Tracking System (SMARTS), certified by the City, to obtain a valid WDID number by the State. Black Water will coordinate review of the contractor SWPPP submittal and assistance with City for submittal of the SWPPP to the State.

ITEM 7

2 Task 1. Project Management, Administration, and Coordination with Project Stakeholders • Conduct a virtual kick-off meeting with the City to review the project's scope, develop a project schedule, and confirm deliverables.
• Prepare a project execution schedule with significant milestones for the City for approval. • Consultant will serve as the central coordinator for all activities between the consulting team and City staff and coordinate with project stakeholder such as regulatory agencies, utility companies, and the community residents, as needed. • Prepare regular progress reports to City staff each month. Communication with affected property owners will be coordinated through the City. Consultant will assist the City with any public outreach documents, as needed.
• Design review meetings will occur after submittal of each design progress set to accelerate review with the City.

Deliverables: Meeting agendas and minutes, virtual progress meetings , Project Schedule, Invoices with Progress Reports, Public Outreach Documents.

Task 2. Research and Field Investigations
• Conduct thorough research t o obtain all available utility documents within the project area for all applicable agency and utility companies.
• Conduct field site visit to collect visible information of the project site. • Preparing a list and map of all underground and aboveground utilities and facilities in the project areas.
• Utility requests will be initiated and information obtained before any field investigations are done.
• Subconsultant CSR Locating, Inc. (CSR) will perform ground penetrating radar (GPR) services of the project limits to locate existing non-visible below grade improvements and utilities within the public right-of-way. Marked locations to be picked up by surveyor. City will be responsible to obtain temporary right of access at private properties, if needed. • Topographic survey will be completed by subconsultant NorthStar Engineering Group, Inc.
o Research existing horizontal and vertical control monuments in the vicinity of the project to be used for the basis of the project
ITEM 7

3 o Perform Topographic and Right -of-Way Survey s to provide design control and Right-of-Way Mapping for the project in accordance with City horizontal and vertical control requirements.
o The Topographic Survey mapping will include the following features needed to complete the design depicting existing visible improvements and utilities, including the following:
▪ Existing pavement and utilities located within the project limits ▪ Existing pavement profile
▪ Existing ground elevations
▪ Drainage features, as necessary, within the project limits ▪ Physical improvements located within the project limits ▪ Visible utilities located within the project limits
▪ Wet utility inverts where accessible
▪ Water valves, fire hydrants, meters, etc.
▪ Existing road crossings and intersections
▪ Lines of occupation including fenc es, structures, and apparent encroachments
▪ Trees (6” or larger)/Limits of tree clusters & landscaping improvements ▪ Utility paint marks painted by USA
▪ Structures
• Potholing services will be completed by subconsultant Badger Locating. This task includes approximately 15 potholes. However, this number may be significantly reduced based on the results of the work completed. Marked locations will be surveyed by NSE.

Deliverables: Electronic (AutoCAD Format) of topographic survey, utility data and maps.

ITEM 7

4 Task 3. Environmental Document: CEQA Categorical Exemption • Subconsultant will perform a detailed site visit with Consultant. • Consultation with City and Consultant regarding required permitting. • Identify options and criteria for CEQA exemption, including Class 2 Replacement or Reconstruction.
• Identify and discuss impact -reducing project modifications, if applicable, with Projec t Engineer.
• Memo to Project Engineer/City with CEQA findings and recommendations, applicability of CEQA Categorical Exemption option.
• Prepare Notice of Exemption and Support Documentation. • File NOE with Stanislaus County Clerk. As the lead agency, the C ity has the option to file with the State Clearinghouse if necessary.

Deliverables: County Filed NOE, State Clearinghouse Filing, if needed.

Task 4. Design Services
• Design of a new 8 -inch diameter water main for project areas, complete with all connections and appurtenances (restraints, stub outs, fire hydrants, air relief valves, isolation valves, services, etc.) shall be required to make the connection at the selected points.
• It is expected that the design will include both open-cut and, if required, boring for service laterals. Open -cut installations shall use PVC C900, trenchless service lines shall be Polyethylene Flexible Coil Pipe or design engineer’s recommendation will be considered. • Consultant shall prepare design drawings, details, and technical specifications adequate to apply for and receive all necessary governmental approvals (local zoning approval, permits, encroachments, etc.).
• Preliminary Drawings shall indicate easement areas, check valves, shut -off valves, directional drill locations, bore and jack locations, air release valves, vaults, and stub out for future use
• 30% Plans: Upon completing record document research, field data collection, and potholing, the Consultant shall compile all gathered information and prepare preliminary design p lans. The preliminary design shall include recommended alignment of the ITEM 7

5 pipeline (plan & profile) and connections to existing services. After the Preliminary Design is approved by the City, the Consultant shall proceed with the detailed design. • 60% Plans: With preliminary design review comments from the City and other entities, the Consultant shall prepare a detailed design PS&E for the proposed improvements.

Plans shall be prepared using computer -aided design software (AutoCAD) for print to scale at 24”x36”. The special conditions and technical specifications shall be prepared and submitted. The City will review the submitted PS & E, provide comments, and request revisions until it complies with City standards and policies. • 100% Plans: Upon approval of the detailed design PS&E from the City, the Consultant shall prepare the final PS&E for bid. The final package shall include plans and specifications. A California Registered Professional Engineer shall sign the final plan submittal.

Deliverables: 30-, 60- , 100-percent engineer stamped and signed PS&E to scale (24”x36”) in PDF format.

Task 5. Bidding Support and Engineering Services During Construction • Provide a conformed set of plans incorporating any changes addressed in addendums.

Black Water shall produce a digital copy of the construction package, signed and stamped as “Conformed Set.”
• The Consultant shall provide clarification and information about the PS&E package during the advertising and construction process.
• The Consultant shall assist the City in preparing any addenda to the PS&E during the advertisement period.
• The consultant shall review the contractor’s shop drawings and other required submittals (including SWPPP). Additionally, the Consultant shall be responsible for resolving any design errors identified during construction at no additional cost to the City and promptly to ensure construction delays are avoided or minimized. • Assist in reviewing contractor change order requests and any redesign efforts leading up to change order preparation for the construction contract and during construction. • Provide construction support (i.e., RFIs, submittals, as-builts), as needed. • Provide construction staking for the contractor (by subconsultant NSE).

ITEM 7

6 • Prepare Record Drawings showing appropriate record information based on project annotated record documents received from Contractor and furnish such Record Drawings to Owner.

Deliverables: Conformed plans (electronic copy), RFI responses, submittal review documents, final as -built drawings in AutoCAD and PDF format, cut sheets and staking diagram, Record Drawings.

Exclusions: Items not specifically included in this scope of work, Initial Study/Mitigated Negative Declaration Environmental Document and environmental special studies, agency permits and fees.

ITEM 7
Billing Rates $/hr 250 228 198 160 150 155 98
TASK Task Activity Principal
Project
Manager
Associate
Engineer
Assistant
Engineer
Engineer
Technician
Design/
Drafting
QAQC/
Admin.

BlackWater
Total Hours
BlackWater
Fee
BaseCamp
(Env.)
NorthStar
(Survey)
CSR
Locating
(GPR)
Badger
Daylighting
(Pothole)
Subconsultants
Total Fees3
Total Fee
1 Project Management and Other Coordination

1.1 Kickoff Meeting 2 2 2 1 7 $1,260 $0 $1,260

1.2 Stakeholder Coordination 2 2 4 1 9 $1,846 $0 $1,846

1.3 Monthly Budget, Progress and Schedule Updates 12 12 24 $3,912 $0 $3,912 Total Task 1 2 16 6 0 0 2 14 40 $7,018 $0 $0 $0 $0 $0 $7,018 Total Task 1 Street Segment #1 0.50 4.00 1.50 0.00 0.00 0.50 3.50 10 $1,755 $0 $1,755 Total Task 1 Street Segment #2 0.50 4.00 1.50 0.00 0.00 0.50 3.50 10 $1,755 $0 $1,755 Total Task 1 Street Segment #3 0.50 4.00 1.50 0.00 0.00 0.50 3.50 10 $1,755 $0 $1,755 Total Task 1 Street Segment #4 0.50 4.00 1.50 0.00 0.00 0.50 3.50 10 $1,755 $0 $1,755 2 Field Investigations

2.1 Utility Research and Coordination 1 3 8 4 16 $2,834 $0 $2,834

2.1 Ground Penetrating Radar 2 2 $456 $10,700 $11,770 $12,226

2.2 Topographic Survey 2 2 $456 $32,000 $35,200 $35,656

2.3 Potholing (16 locations) 4 4 4 12 $2,152 $3,245 $15,033 $20,106 $22,258 Total Task 2 1 11 0 12 4 4 0 32 $5,898 $0 $35,245 $10,700 $15,033 $67,076 $72,974 Total Task 2 Street Segment #1 0.25 2.75 0.00 3.00 1.00 1.00 0.00 8 $1,475 $0 $8,811 $2,675 $3,758 $16,769 $18,243 Total Task 2 Street Segment #2 0.25 2.75 0.00 3.00 1.00 1.00 0.00 8 $1,475 $0 $8,811 $2,675 $3,758 $16,769 $18,243 Total Task 2 Street Segment #3 0.25 2.75 0.00 3.00 1.00 1.00 0.00 8 $1,475 $0 $8,811 $2,675 $3,758 $16,769 $18,243 Total Task 2 Street Segment #4 0.25 2.75 0.00 3.00 1.00 1.00 0.00 8 $1,475 $0 $8,811 $2,675 $3,758 $16,769 $18,243 3 Environmental Document

3.1 Categorical Exemption Analysis and Documentation 4 4 $912 $6,000 $6,600 $7,512 Task 3 0 4 0 0 0 0 0 4 $912 $6,000 $0 $0 $0 $6,600 $7,512 Total Task 3 Street Segment #1 0.00 1.00 0.00 0.00 0.00 0.00 0.00 1 $228 $1,500 $0 $0 $0 $1,650 $1,878 Total Task 3 Street Segment #2 0.00 1.00 0.00 0.00 0.00 0.00 0.00 1 $228 $1,500 $0 $0 $0 $1,650 $1,878 Total Task 3 Street Segment #3 0.00 1.00 0.00 0.00 0.00 0.00 0.00 1 $228 $1,500 $0 $0 $0 $1,650 $1,878 Total Task 3 Street Segment #4 0.00 1.00 0.00 0.00 0.00 0.00 0.00 1 $228 $1,500 $0 $0 $0 $1,650 $1,878 4 Design Services

4.1 Field and Document Review 1 6 4 16 27 $4,970 $4,970

4.2 30% PS&E 4 8 12 24 8 64 6 126 $20,748 $20,748

4.3 Design Review Meeting 2 2 4 $852 $852

4.4 60% PS&E 4 8 32 56 8 80 6 194 $32,308 $32,308

4.5 Design Review Meeting 2 2 4 $852 $852

4.6 100% PS&E 4 8 40 56 8 64 6 186 $31,412 $31,412
Total Task 4 13 34 92 152 24 208 18 541 $91,142 $0 $0 $0 $0 $0 $91,142 Total Task 4 Street Segment #1 3.25 8.50 23.00 38.00 6.00 52.00 4.50 135 $22,786 $22,786 Total Task 4 Street Segment #2 3.25 8.50 23.00 38.00 6.00 52.00 4.50 135 $22,786 $22,786 Total Task 4 Street Segment #3 3.25 8.50 23.00 38.00 6.00 52.00 4.50 135 $22,786 $22,786 Total Task 4 Street Segment #4 3.25 8.50 23.00 38.00 6.00 52.00 4.50 135 $22,786 $22,786 5 Bidding Support and Engineering Service During Construction

5.1 Pre-Bid Meeting 3 3 6 $1,164 $0 $1,164

5.2 Bid Support / RFI's 2 2 864 2 24 $3,952 $0 $3,952

5.3 Construction Staking 2 2 $456 24,760$ $27,236 $27,692

5.4 Submittal, RFI, Change Order Review Construction Support 46 124 44 34 $5,900 $0 $5,900

5.4 Record Drawings 22 41 6 4 28 $4,428 $0 $4,428
Total Task 5 8 15 0 23 14 24 10 94 $15,900 $0 $24,760 $0 $0 $27,236 $43,136 Total Task 5 Street Segment #1 2.00 3.75 0.00 5.75 3.50 6.00 2.50 24 $3,975 $0 $6,190 $0 $0 $6,809 $10,784 Total Task 5 Street Segment #2 2.00 3.75 0.00 5.75 3.50 6.00 2.50 24 $3,975 $0 $6,190 $0 $0 $6,809 $10,784 Total Task 5 Street Segment #3 2.00 3.75 0.00 5.75 3.50 6.00 2.50 24 $3,975 $0 $6,190 $0 $0 $6,809 $10,784 Total Task 5 Street Segment #4 2.00 3.75 0.00 5.75 3.50 6.00 2.50 24 $3,975 $0 $6,190 $0 $0 $6,809 $10,784 24 80 98 187 42 238 42 711 $120,870 $6,000 $60,005 $10,700 $15,033 $100,912 $221,782 $22,178
$243,960
Notes:

1. All scope items and associated fees are based on the best approximation we can make given the current level of information we have.

2. Black Water will discuss and/or negotiate with the Client any scope or fee item shown on this Proposal.

3. Subconsultant work is charged at cost plus 10 percent.

Segment # Street Segments
1 Shushan Dr, Crete Ct, Hoyle Ct & Sergis Ct
2 Mockingbird Dr, Robin Dr, & Hummingbird Dr
3 Bluebird Dr, Starling Dr, Cardinal Dr, & Oriole Dr
4 Sixth St & Thomas Ave Alley
TOTALS
DESIGN CONTINGENCY (10%)

TOTAL FEE

CITY OF CERES
2022 WATER MAIN & SERVICE REPLACEMENT
level of effort ‐ staff time
Subconsultants Totals
1/11/2023
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: January 23, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778
SUBJECT:

Resolution No. 202 3-10, Accepting the Subdivision Improvements for Cambridge Estates Phase 2 Subdivision as Complete, Accepting the Dedications, Releasing the Improvement Security, Accepting the 12-Month Warranty Bond, and Authorizing Filing of the Notice of Completion
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council accept the subdivision improvements for Cambridge Estates Phase 2 Subdivision as complete, accepting the dedications, release the Improvement Security, accept the 12-Month Warranty Bond, and authorize filing of the Notice of Completion.

I. BACKG
ROUND:

A new, 8.26-acre, 38-lot single family residential subdivision is substantially complete and ready for new residents to move in. The development is located at 1200 & 1206 Hackett Road. The Vesting Tentative Subdivision Map was approved by the City of Ceres Planning Commission on May 7, 2018 and the City Council approved a Subdivision Improvement Agreement on May 9, 2022 (Exhibits B and C).

The Subdivision Improvement Agreement is in a form approved by the City Attorney. The Improvement Agreement obligates the Developer to construct improvements as presented on the improvement plans and project’s Tentative Map conditions of approval.

The agreement specifies public improvement securities that the Developer must provide including specific amounts and the duration.

In the case of many subdivisions, including Cambridge Estates, a bond is paid for by the Developer and the City holds the bond in case the Developer fails to construct the subdivision improvements. For example, the City could use the bond to construct the improvements even if the Developer were to abandon the project half -way through ITEM 8
construction. The bond is also called the “Improvement Security”, and it is attached as (Exhibit E).

The typical process continues as follows: once construction is complete and the City inspects and accepts the construction, then the Improvement Security is released. A separate Warranty Bond (Exhibit F), paid for by the Developer in the amount of 10% of the original Improvement Security, is kept by the City for 12 months. After 12 months, the City again inspects the improvements and returns the Warranty Bond upon acceptance.

Since 2022, some homes have finished construction while others are still being constructed. The improvements, including streets, curb, gutter, sidewalk, etc. have all been completed. Since the developer finished constructing the improvements, the Engineering Department performed inspections and found that the improvements are complete and in conformance with City standards. The City is now prepared to release the Improvement Security and replace it with the 12-month Warranty Bond. The City will inspect the site again in 12 months to ensure that the improvements remain in good condition and meet City standards. In January 2024, after confirming that all improvements still meet City standards, the City will then release the Warranty Bond.

The Subdivision Plans are attached (Exhibit G).

II. REASONS FOR RECOMMENDATION:

The Engineering Department has inspected the improvements at Cambridge Estates Phase 2 Subdivision and found them to be complete and meet City standards. The City is thus obligated to formally accept the improvements and release the Improvement Security. A Notice of Completion will then be recorded to finalize the City’s acceptance of the improvements. This procedure is in accordance with California Government Code 66499. A resolution to execute these items is attached (Exhibit A).

III. F
ISCAL IMPACTS :

The securities as required by Ceres Municipal Code section 17.18.070 were previously provided and approved by the City Council on May 9, 2022 through the Subdivision Improvement Agreement (Exhibit C).

The Engineering Department has determined that the required Warranty Bond ($91,541.50) is sufficient to warrant said improvements.

IV.

EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. P OLICY ALTERNATIVES:

N/A
VI. I NTERDEPARTMENTAL COORDINATION:

ITEM 8
This project was coordinated with the Engineering Department. Upon acceptance of this work, the Public Works Department will provide ongoing regular maintenance of the public improvements.

VII
. PUBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

All environmental documents have been completed.

IX. ST EPS FOLLOWING APPROVAL :

The City will coordinate with the Stanislaus County Recorder’s Office for the recordation of the Notice of Completion and resolution.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Exhibit A – Resolution No. 2023-10

2. Exhibit B – Resolution No. 2022-35

3. Exhibit C – Subdivision Improvement Agreement

4. Exhibit D – Memo from City Engineer

5. Exhibit E – Improvement Security

6. Exhibit F – Warranty Bond

7. Exhibit G – Cambridge Estates Phase 2 Plans
ITEM 8
ITEM 8
RE

CORDING REQUESTED BY &
WHEN RECORDED, MAIL TO:

C
ity Clerk
City of Ceres
2220 Magnolia Street
Ceres, California 95307
RESOLUTION NO. 2023-10
ACCE

PTING THE SUBDIVISION IMPROVEMENTS FOR CAMBRIDGE
ESTATES PHASE 2 SUBDIVISION AS COMPLETE, ACCEPTING THE

DEDICATIONS, RELEASING THE IMPROVEMENT SECURITY, ACCEPTING THE 12-MONTH WARRANTY BOND, AND AUTHORIZING FILING OF THE

NOTICE OF COMPLETION
T

HE CITY COUNCIL
City of Ceres, California
W
HEREAS, the City Engineer advised that all work on Cambridge Estates Phase 2 Subdi vision have been c ompleted in accordance with the Improvement Plans and Specifications.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the subdivision improvements for Cambridge Estates Phase 2 Subdivision as complete, accepts the dedications, releases the improvements security, accepts the 12- month warranty bond, and authorizes filing of the Notice of Complet ion in conformance with the Californ ia Government Code Section 66499.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of January 2023, by the following vote:

AYES
: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
__________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8
RESOLUTION NO. 2022-35

RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENT

AGREEMENT AND RECORDATION OF THE SUBDIVISION MAP FOR
THE CAMBRIDGE ESTATES SUBDIVISON, PHASE 2.

THE CITY COUNCIL
City of Ceres
WHEREAS, the Bright Development, a California Corporation. (DEVELOPER) owns the land situated in the City of Ceres, consisting of 8.26 acres, known as the Cambridge Estates Subdivision, Phase 2; and
WHEREAS, the DEVELOPER has executed a Subdivision Improvement Agreement (Attachment 1) and provided the required securities for all public improvements; and
WHEREAS, the Vesting Tentative Subdivision Map was approved by the City of Ceres Planning Commission on May 7, 2018 with conditions of approval as noted in the PC Resolution 18-12 VTSM (Exhibit B of the Attachment 1); and WHEREAS, a two year time extension was approved by the City of Ceres Planning Commission on July 20, 2020 in the PC Resolution 20-23 (Attachment 2); and WHEREAS, the City of Ceres Secretary of the Planning Commission and the City Engineer have certified that the Cambridge Estates Subdivision, Phase 2 Map (Attachment 3) substantially conforms to the approved tentative subdivision map; and WHEREAS, the required public improvements have not been completed; and WHEREAS, said securities are in forms acceptable to the City Attorney and in the amounts required by the City Engineer; and
WHEREAS, the City of Ceres City Engineer has certified that the Cambridge Estates Subdivision, Phase 2 Map meets the provisions of California Subdivision Map Act and the provisions of the Ceres Municipal Code relating to Subdivisions, and the City Surveyor has determined that the map is technically correct; and NOW THEREFORE BE IT HEREBY RESOLVED by the Council of the City of Ceres that it hereby approves the Cambridge Estates Subdivision, Phase 2 Map, and that the dedications for public streets and easements as shown thereon within the boundaries of said map be accepted on behalf of the public for public use.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to certify the map on behalf of the City of Ceres.

CC Resolution No. 2022-35; Page 1 of 2
Exhibit B
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Exhibit C
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Exhibit D
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Exhibit E
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ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: January 23, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778
SUBJECT:

Resolution No. 202 3-11, Stating the Intent and Order ing the Annexation of Cambridge Estates Phase 2 Subdivision to the Landscape and Lighting District and Shall Pay all Appropriate Fees RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council state its intent and order the annexation of Cambridge Estates Phase 2 Subdivision to the Landscape and Lighting District.

I. BACKG ROUND:

Whenever a new residential subdivision project includes streetlights and landscaping within the right-of-way, then the City requires, per conditions of approval, that the project be annexed into the Landscape and Lighting District (LLD). The LLD is an area in which property owners must pay an annual assessment to fund the maintenance of street lighting, public park and right-of-way landscaping. The City’s landscape maintenance responsibility includes trimming trees in the right -of-way, while each property owner is responsible for maintaining grass and watering trees.

Once annexed into the LLD, property owners within the area will have an assessment on their tax roll to cover the cost of the benefits received. The annual cost for each property owner is calculated with the assistance of NBS, a consulting firm contracted with the City.

An annual report detailing the cost is provided by NBS and presented to the City Council.

For example, the previous annual report was presented in June 2022 (Exhibit B). Last year’s report shows a combined cost per property owner for streetlighting, park, and right- of-way landscape maintenance approximating $200 per year.

ITEM 9
II. REASONS FOR RECOMMENDATION:

The Cambridge Estates Phase 2 Subdivision includes right -of-way landscaping and streetlights. Therefore, the City requires the development to be annexed into the LLD. The attached streetlight and landscape plans show the area of the LLD (Exhibits E and F). The attached resolution (Exhibit A) will order the annexation of the area into the LLD. A memo from the City Engineer is also attached (Exhibit D).

III. F ISCAL IMPACTS :

The City currently receives a monetary assessment for each property within the LLD.

These funds are used to maintain streetlighting, parks, and right -of-way landscaping. By annexing the subdivision into the LLD, the City can collect funds to offset the cos t of maintaining the right-of-way landscaping and streetlighting for this new development. State law (GOV §54954.6) has limitations on increasing assessments, which may necessitate future study and action in order to ensure a continued balance between cost s and revenues.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. P OLICY ALTERNATIVES :

N/A
VI. I NTERDEPARTMENTAL COORDINATION:

This report was coordinated with the Engineering Department.

VII . PUBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

All environmental documents have been completed.

IX. ST EPS FOLLOWING APPROVAL :

The City will coordinate with Stanislaus County and NBS to ensure the annexation to the LLD is completed and assessments are collected.

Approved by: _____________________________
Alex Terrazas, City Manager

Attachments:

1. Exhibit A – Resolution No. 2023-11

2. Exhibit B – Engineer’s Report for Fiscal Year 2022/23 LLD ITEM 9

3. Exhibit C – Resolution No. PC 18-12

4. Exhibit D – Memo from City Engineer

5. Exhibit E – Streetlight Plan

6. Exhibit F – Landscape Plan
ITEM 9
ITEM 9
RECO

RDING REQUESTED BY &
WHEN RECORDED, MAIL TO:

City
Clerk
City of Ceres
2220 Magnolia Street
Ceres, California 95307
RESOLUTION NO. 2023-11
STA

TING THE INTENT AND ORDERING THE ANNEXATION OF CAMBRIDGE ESTATES PHASE 2 SUBDIVISION TO THE LANDSCAPE AND LIGHTING

DISTRICT AND SHALL PAY ALL APPROPRIATE FEES
THE

CITY COUNCIL
City of Ceres, California
WHE
REAS, the City Council of the City of Ceres has established an Assessment District pursuant to the Landscaping and Lighting Act of 19 72, being Division 15, Part 2 of t he Streets and Highways Code of the State of California; and
WHEREAS, the Ceres Municipal Code sections 17.10.010, 17.10.130 and

17.10.170 require that the subdividers install street lighting and street trees; and WHEREAS, Cambridge Estates Phase 2 Subdivision is conditioned to join the Landscaping and Lighting District; and
WHEREAS, section 22608.2 of the Street and Highways Code states that if an ordinance requires the installation of any im provements described in the landscape and light ing district by a subdivider, the resolution of inte ntion may state that the territory owned by the subdivider comes under terms of such an ordinance and order that such territory be formed or annexed into an assessment district; and
WHEREAS, this subdivision comes under the terms of such an ordinance; and
WHEREAS, said subdivider has agr eed to par ticipate in the Landscape and Lighting District; and
WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment Distri ct, and to prepare and file an Annual Report, which is attached hereto.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby state the intent and order the annexation of Cambridge Estates Phase 2 Subdivis ion to the Landscape and Lighting District and s hall pay all appropriate fees.

ITEM 9

BE IT FURTHER RESOLVED that the City Council of the City of Ceres hereby orders the City Clerk to transmit, or cause to be transmitted to the County Recorder of Stanislaus County, State of Californi a, a copy of the plans for Cambridge Est ates Phase 2 Subdivision, upon which levies are to be charged and the County Tax Collector of said county (who is also the City tax collector for the City of Ceres) is hereby designated, requested, empowered, authori zed, instructed, ordered and directed to make collection of all assessments, an d to perform the acts and duties as required by law of, and to be performed by the officer, employee, or person so designated, said assessment as set by City Council Resolution.

BE IT FURTHER RESOLVED that the City Co uncil hereby orders and directs the C ity Finance Director, or des ignee, who shall place into the “ Ceres Street Lighting and Landscaping Maintenance Distr ict Fund ”, all payments o f assessments received from the County Tax Collector and payments shall be made out of said Special Fund only for the purposes provided for in said part 2, Division 15, Street s and Highways Codes, of the State of California, as set forth in Chapter 5, Section 22655, of said Code.

BE IT FURT HER RESOLVED that this resol ution shall tak e effect immediately.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of January 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk

ITEM 9

nbsgov.com
Prepared by:

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

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

ITEM 9

TABLE OF CONTENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.7 Darrah Street Landscaping Methodology ............................................................... 15 ITEM 9

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

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

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

ITEM 9

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

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

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

ITEM 9

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

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

Samir Royal, Associate Engineer
ITEM 9

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

PLANS AND SPECIFICATIONS

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

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

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

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

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

ITEM 9

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

ESTIMATE OF COSTS

3.1 Street Lighting Budget
Category Cost Estimate
Operating Cost

36.3 LED Wattage $57,751.43

60.5 LED Wattage 67,634.03

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

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

Total Cost $211,899.25

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

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

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

Total Cost $42,729.22

ITEM 9

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

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

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

Total Cost $50,531.63

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

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

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

ITEM 9

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

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

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

Total Cost $35,872.00

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

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

Total Cost $164,972.13

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

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

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

ITEM 9

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

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

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

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

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

ITEM 9

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

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

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

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

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

ITEM 9

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

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

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

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

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

ITEM 9

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

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

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

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

Rate Factor Street Frontage Assessment

0.620167 206.05 $127.79

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

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

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

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

ITEM 9

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

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

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

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

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

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

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

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

ITEM 9

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

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

Westpointe Median Zone Costs $32,729.22

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

Total Costs $42,729.22

Developed Parcels 679

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

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

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

ITEM 9

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

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

Zone Costs $38,531.63

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

Total Costs $50,531.63

Developed Parcels 529

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

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

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

ITEM 9

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

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

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

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

Zone Costs $26,297.63

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

Total Costs $41,297.63

Equivalent SFR 549.9

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

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

ITEM 9

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

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

Total Costs $11,302.07
Apartment Units 76

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

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

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

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

Total Costs $35,872.00

Parcels 55

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

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

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

ITEM 9

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

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

Total Costs
$164,972.13

Parcels 1,384

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

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

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

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

Total Costs $24,449.92

Parcels 6,479

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

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

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

ITEM 9

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

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

ITEM 9

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

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

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

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

ITEM 9

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

APPENDIX C - ANNEXATIONS

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

ITEM 9
1 CITY OF CERES

SUBDIVISIONS AND PARCELS WITHIN
THE 1987 LANDSCAPE AND LIGHTING DISTRICT

Resolution Date Description Recorded

1. 87-125

7/27/87

Rader Estates #2 7/31/87

2. 88-38

2/22/88

Inland Estates 3/16/88

3. 88-76

4/25/88

Riverview Manor 8/04/88

4. 88-83

5/09/88

Burton Estates 5/13/88

5. 88-83

5/09/88

Cherry Glen 5/13/88

6. 88-83

5/09/88

Don Pedro Park 5/13/88

7. 88-83

5/09/88

Glenbrook Park 5/13/88

8. 88-83

5/09/88

Orchard Estates 5/13/88

9. 88-83

5/09/88

Rainbow Village 5/13/88

10. 88-85

5/09/88

Maria Estates 5/13/88

11. 88-99

5/23/88

Carriage Square 7/19/88

12. 88-101

5/23/88

Cortel Estates 6/21/88

13. 88-105

5/23/88

Stonehenge 6/01/88

14. 88-127

6/13/88

Westwood Meadows Unit #1 6/21/88

15. 88-127

6/13/88

Westwood Meadows Unit #2 6/21/88

16. 88-131

6/27/88

Rader Estates #3 8/04/88

17. 88-136

6/27/88

Alpine Meadows Unit #1 8/04/88

18. 88-136

6/27/88

Alpine Meadows Unit #2 8/04/88

19. 88-136

6/27/88

Canyon Creek Estates 8/04/88

20. 88-136

6/27/88

Glenbrook 8/04/88

21. 88-136

6/27/88

Hillview Estates 8/04/88

22. 88-136

6/27/88

Northwoods Estates 8/04/88

23. 88-136

6/27/88

Oakwood Meadows 8/04/88
ITEM 9
2 Resolution

24. 88-136
Date

6/27/88
Description

Pink Estates
Recorded

8/04/88

25. 88-136

6/27/88

Rader Estates 6/27/88

26. 88-136

6/27/88

Terrace Oaks 8/04/88

27. 88-151

7/25/88

Sierra Park 8/02/88

8. 88-190

9/26/88

Riverpark 10/14/88

29. 88-192

9/26/88

Flora Estates 11/23/88

30. 88-194

31. 88-202

9/26/88

10/10/88

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

10/14/88

32. 88-204

10/10/88

Bradford Estates 11/07/88

33. 88-206

10/10/88

Whispering Woods 10/14/88

34. 88-208

10/10/88

Del Sol Estates 10/14/88

35. 88-220

10/24/88

Spring Meadows 11/10/88

36. 88-256

12/12/88

Cornish Estates 12/21/88

37. 89-65

1/23/89

Vanderpol Parcel Map 1/31/89

38. 89-68

4/10/89

Lonnie Estates 4/14/89

39. 89-71

4/10/89

Melba Estates 4/14/89

40. 89-108

5/22/89

Inland-Blaker Estates 5/25/89

41. 89-108

5/22/89

Inland-Blaker Estates #2 5/25/89

42. 89-138

7/10/89

Marchick Parcel Map 7/14/89

43. 89-151

7/24/89

Richland Meadows 8/16/89

44. 89-187

9/11/89

Inland-Richland Estates 9/21/89

45. 89-193

9/11/89

Arco Parcel Map 10/24/89

46. 89-202

10/09/89

Alpine Meadows Unit #3 10/16/89

47. 89-202

10/09/89

Alpine Meadows Unit #4 10/16/89

48. 89-204

10/09/89

Farris Estates 10/13/89

49. 89-217

11/13/89

Inland-Hackett Estates 12/14/89
ITEM 9
3 Resolution Date Description Recorded

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

51. 90-18

2/26/90

Blakemore Parcel Map 3/08/90

52. 90-24

3/12/90

Northwoods II 3/16/90

53. 90-26

3/12/90

Central Estates 6/19/90

54. 90-100

6/25/90

Morgan PM 6/29/90

55. 90-112

7/23/90

Castiglione Estates 8/16/90

56. 90-134

8/13/90

Philmore Estates 8/30/90

57. 90-141

8/27/90

Parks Unit II 9/05/90

58. 90-160

9/24/90

Atlantic Richfield PM 10/04/90

59. 90-198

11/26/90

Reynolds Estates 11/29/90

60. 91-10

1/14/91

Bruno PM 1/25/91

61. 92-04

1/13/92

Plaza Del Rio PM 1/16/92

62. 92-26

2/10/92

Beets PM 3/5/92

63. 92-82

6/08/92

City Hall Block 6/24/92

64. 92-94

7/27/92

Nineveh Estates PM 8/13/92

65. 92-101

8/10/92

Walnut Estates 8/13/92

66. 92-151

11/9/92

Hackett Estates Phase I 11/16/92

67. 93-02

1/25/93

Euro Village Phase I 2/3/93

68. 94-04

1/10/94

Great Valley Bank PM 1/25/94

69. 93-125

9/13/94

Hackett Estates Phase II 10/20/93

70. 94-48

4/25/94

Avery & Hayes 4/29/94

71. 93-111

8/23/93

Euro Village Phase II 8/27/93

72. 94-145

11/28/94

Sweetwater Glen II 1/13/95

73. 94-88

6/27/94

Serenity Estates 6/30/94

74. 94-110

8/8/94

Westpointe Sub. 1 & 2 8/11/94

75. 94-140

11/14/94

California Voyage Phase I 11/18/94
ITEM 9
4 Resolution Date Description Recorded

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

77.94-70

5/23/94

Jacquez Estates

06/07/94

78. 94-147

11/28/94

Highlands/Westpointe/Phase I

12/09/94

79. 95-130

10/25/95

Highlands/Westpointe/Phase II

10/25/95

80. 96-25

2/12/96

Highlands Park

02/21/96

81. 97-95

9/8/97

Boyle Parcel Map

09/12/97

82. 97-104

10/27/97

River Bluffs

11/17/97

83.97-106

10/27/97

Heavenly Estates Phase I

11/19/97

84. 98-17

1/26/98

Donella Estates

01/29/98

85. 98-39

4/27/98

Kingston Estates One

05/04/98

86. 98-41

4/27/98

Northwoods III

05/07/98

87. 98-65

6/22/98

Kingston Estates Two

06/26/98

88. 99-48

5/24/99

Ceres Market Place

06/08/99

89. 99-73

7/12/99

Kingston Estates Three

07/14/99

90. 99-131

11/22/99

Highlands South-Phase I

12/01/99

91. 2000-3

1/10/00

McDonald’s Parcel Map

02/15/00

92. 2000-22

2/28/00

Heavenly Estates - Phase II

03/07/00

93. 2000-31

3/13/00

Agresti Ranch

04/05/00

94. 2000-163

10/09/00

Highlands South-Phase 2

10/12/02

95. 2001-96

06/25/01

Olive Grove @ Westpointe Ph 1

07/10/01

96. 2001-138

08/27/01

Cameron Park II

08/30/01

97. 2001-65

04/23/01

Brown Estates Unit 1*

06/12/01

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

ITEM 9
5 Resolution Date Description Recorded

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

99. 2001-150

09/10/01

Brown Estates Unit 3 09/21/01

100. 2002-61

04/08/02

Cambridge Estates 04/11/02

101. 2002-91

05/28/02

Olive Grove Phase II 06/17/02

102.2002-136

07/22/05

River Ranch 07/26/02

103. 2002-133

07/22/02

Brown Estates #4 & 5 09/11/02

104. 2002-181

09/23/02

Claremont Oaks 10/01/02

105.2005-145

07/25/05

The Corner at Eastgate Unit 3 11/29/05

106. 2002-196

10/14/02

Hacienda Estates 12/20/02

107. 2000-21

02/28/00

Heavenly Estates II 03/07/00

108. 2003-71

04/28/03

Miller Industrial Park 05/07/03

109. 2003-27

02/24/03

Heavenly Estates Phase 3 03/24/03

110. 2003-80

05/12/03

Pinehurst North Unit 1&2 05/30/03

111. 2002-60

04/08/02

Cambridge Estates 2 06/20/03

112. 2003-93

05/27/03

River Heights 07/09/03

113. 2003-84

05/12/03

California Voyage Phase 2 06/06/03

114. 2000-15

07/24/00

Darrah Street - Lois Way to Memorial Drive

115. 2002-217

11/12/02

Pleasant Avenue

116. 2003-82

05/12/03

Kinser Estates 05/21/03

117. 2003-201

10/27/03

Changason Estates 11/04/03

118. 2003-222

11/24/03

Capistrano Unit 1 11/26/03

119.2003-225

11/24/03

Vine Parcel Map 11/26/03

120. 2004-11

01/26/04

Pinehurst South Unit 1 01/28/04

121. 2004-22

02/09/04

Davante Villas 01/27/04

122. 2004-23

02/23/04

Blaker Ranch 03/11/04

123. 2004-36

02/23/04

Claremont Oaks Phase 2 03/10/04
ITEM 9
6 Resolution Date Description Recorded

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

125. 2004-49

03/22/04

Pinehurst East at Eastgate 04/22/04

126. 2004-60

04/26/04

Capistrano Unit 2 05/04/04

127. 2004-94

06/28/04

Morgan Manor 07/21/04

128. 2004-117

07/26/04

Central Valley Marketplace 08/06/04

129. 2004-130

130. 2004-165

08/09/04

09/27/04

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

10/01/04

131. 2004-200

11/08/04

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

132. 2004-209

11/22/04

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

133. 2005-12

01/24/05

Ortiz Subdivision at Eastgate 01/26/05

134. 2005-107

06/13/05

Bing Cherry Unit 2 06/25/05

135.2005-230

11/14/05

Bing Cherry Unit 1 11/23/05

136. 2005-20

02/14/05

The Enclave 02/18/05

137. 2005-23

02/14/05

Pinehurst South Unit No. 2 02/25/05

138. 2005-38

03/14/05

Decker Parcel Map 03/21/05

139. 2005-59

03/28/05

Veranda at Eastgate 04/13/05

140. 2005-61

03/28/05

Van Horn Subdivision Phase II 04/08/05

141. 2005-88

05/09/05

Ledbetter Parcel Map 05/18/05

142. 2005-212

10/24/05

San Pedro Colony 10/24/06

143. 2005-77

04/25/05

Capistrano Estates #3 05/02/05

144.2005-233

11/14/05

Cherry Hollow 11/16/05

145. 2005-235

11/14/05

Stonum Subdivision 11/22/05

146. 2005-237

11/14/05

Westpointe 4 11/18/05

147. 2005-239

11/14/05

Vernada Estates Unit 2 11/17/05

148. 2006-11

01/23/06

Morgan Road Industrial Park 01/27/06

149. 2006-26

02/13/06

The Corners at Eastgate Unit 4 02/15/06
ITEM 9
7 Resolution Date Description Recorded

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

151. 2006-93

05/22/06

Maxim Estates 06/23/06

152. 2006-95

05/22/06

Green River Estates 05/30/06

153. 2006-97

05/22/06

Tuscany Village 06/08/06

154. 2006-104

06/12/06

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

155. 2006-106

06/12/06

Norwood Heights 06/26/06

156. 2006-114

06/26/06

Beckwith Parcel Map 06/27/06

157. 2006-154

08/14/06

Nguyen/Rothbard Parcel Map 08/17/06

158. 2007-11

01/22/07

Hiram Kemp Parcel Map 02/02/07

159. 2007-35

02/26/07

Dow Ranch No. 1 03/07/07

160. 2006-214

11/27/06

CW Enterprise Parcel Map 06/27/06

161. 2007-122

06/25/07

Sequeira Parcel Map 06/29/07

162. 2007-123

06/25/07

Morad Parcel Map 06/29/07

163. 2007-169

08/27/07

San Pedro North Unit#2 09/13/07

164. 2007-197

10/08/07

B & D United Builders 10/23/07

165. 2007-196

10/08/07

Shuman Parcel Map

166. 2007-209

11/13/07

Singh Parcel Map 11/20/07

166. 2011-47

4/11/11

Dow Ranch 2 05/16/11

ITEM 9
ITEM 9
along said south line, a distance of 568.26 feet to the TRUE POINT OF BEGINNING; South 00° 07’ 50” West, a distance of 202.00 fee; thence South 89° 52’ 10” East, a distance of 14.73 feet; thence South 00° 07’ 50” West, a distance of 150.00 feet; thence South 89° 52’ 10” East, a distance of 120.00 feet; thence South 00° 07’ 50” West, a distance of 358.00 feet; thence South 89° 52’ 10” East, a distance of 9.16 feet; thence South 00° 07’ 50” West, a distance of 150.00 feet; thence North 89° 52’ 10” West, a distance of 84.35 feet; thence South 00° 07’ 50” West, a distance of 189.23 feet to the north line of Lot 15 of Brown Estates Unit 3 as shown on the map recorded in Book 39 of Maps, Page 87, Stanislaus County Records; thence South 89° 43’ 02” East, along the north line of said Brown Estates Unit 3, a distance of 326.47 feet to the southwest corner of Parcel “D” as shown on the map recorded in Book 20 Parcel Maps, Page 23, Stanislaus County Records; thence North 00° 10’ 55” East along the west line of Parcels “D”, “C”, and “B” of said Parcel Map, a distance of 735.10 feet to a line that lies 315.00 feet south of and parallel with the said south line of Hackett Road; thence North 89° 52’ 10” West along said line, a distance of 138.32 feet; thence North 00° 10’ 55” East along a line that lies 138.32 feet west of and parallel with the west line of Parcels “B” and “A” of said Parcel Map, a distance of 315.00 feet to the said south line of Hackett Road; thence North 89° 52’ 10” West along said south line, a distance of 248.64 feet to the point of beginning.

Pursuant to Lot Line Adjustment recorded March 18, 2003, Instrument No. 2003- 0041443-00, Official Records; and,

WHEREAS, the Planning Commission held a duly noticed public hearing on May 7, 2018, at 6:00 p.m. and considered the appropriate documents regarding the potential environmental effects of the proposed application, including any comments received during the public review period whether orally or in writing; and,

WHEREAS, the Planning Commission based on the evidence within the staff report and project file find that:

1. The proposed Vesting Tentative Subdivision Map as conditioned, is consistent with the purpose and intent of the Planned Community - 49 (PC-49) designation of the Ceres Municipal Code.

2. The proposed Vesting Tentative Subdivision Map as conditioned, is consistent with the purpose and intent of the Low Density Residential (LDR) designation of the Ceres General Plan.

3. The proposal will have no adverse effect on surrounding properties.

4. The proposal will not endanger any wildlife or wildlife habitat.

5. None of the mandatory findings for denial within the State Subdivision Map Act (Section 66474) apply to this proposal.

ITEM 9
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows:

Section 1. The Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project, per the requirements of CEQA.

Section 2. The establishment and operation of Vesting Tentative Subdivision Map 15-03 requires compliance with the conditions of approval, which are contained in this resolution and attached as Exhibit “A” and on file in the Planning and Building Division, and shall be binding on all heirs, assignees, and successors in interest of said property.

Section 3. The Director of Community Development or designee is hereby directed to record this Resolution at the office of the County Recorder of the County of Stanislaus.

Section 4. The conditions of project approval set forth herein directly or by reference include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020 (d) (1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby furt her notified that the ninety (90) day appeal period in which you may protest these fees, dedications, and reservations other exactions, pursuant to Government Code Section 66020 (a), has begun. If you fail to file a protest within this ninety (90) period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exaction.

I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the Planning Commission of the City of Ceres at a regular meeting of said Planning Commission held on the 7
th day of May 2018, by the following vote:

AYES: Commissioners Del Nero, Johnson, Kachel, Chairperson Smith

NOES: Commissioner Condit

ABSENT: None

ATTEST:

TOM WESTBROOK, SECRETARY OF

THE CERES PLANNING COMMISSION

CITY OF CERES

ITEM 9
EXHIBIT “A”

CONDITIONS OF APPROVAL

Vesting Tentative Subdivision Map # 18-01

City of Ceres

1200 & 1206 Hackett Road, Ceres, CA, 95307

Prepared: April 23, 2018
Approved by the Planning Commission: May 7, 2018
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A

A. PROJECT AUTHORIZATION

1. The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this approval, but shall not be construed to permit violation of other laws and policies not so listed.

2. Approval is limited to the conformance of the land use and zoning. Use of the property shall be limited to those permitted by the PC -49 zoning district as applicable, as it exists now or may be amended in the future.

3. The Vesting Tentative Subdivision Map shall expire within 24 months of the approval date, unless a Final Map is filed by May 7, 2020, or a request for an extension is received and approved by the City.

B. PROJECT SPECIFIC CONDITIONS

Prior to approval of a Final Map, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Development Services Department:

1. The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall be in a letter format with each condition numbered and indexed for reference and shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. A copy of these responses shall be provided with each set of the final map and improvement plans.

ITEM 9

2. Prior to approval of the final map, the applicant shall complete or guarantee completion in a form satisfactory to the Engineering Division, any required improvements for this entitlement to the satisfaction of the City which may include, but are not be limited to: ensu ring that public water and sewer services are available to serve the lots of the subdivision; installation of roadway and curb, gutter, and sidewalk and frontage landscaping improvements; and curb cuts for future driveways for said lots.

3. The Vesting Tentative Subdivision Map shall create 38 residential lots on

8.26 +/- acres. Prior to constructing any homes for the 38 lots, the applicant must receive approval of a Planned Community Development Plan (PCDP) entitlement from the City Planning Commission for the home designs and their placement on the lots. A ll single -family homes for the Phase II lots shall be of single-story height.

4. Before any construction of the single- family homes takes place, the developer shall install a 7- foot tall chain link fence with slats for those ranchette properties along Morgan Road that have livestock to protect these non-conforming uses from the proposed single- family homes. If these non- conforming uses (livestock) do not exist, this condition is null and void and the traditional 6-foot tall solid wood fence would be constructed.

5. The final map shall be in substantial conformance to the approved Vesting Tentative Subdivision Map, as conditioned, and that the development shall be consistent with the applicable sections of the M unicipal Code and the Brown Annexation Master Plan.

6. The front setback for each residential lot for this vesting tentative subdivision map shall be measured from the back of sidewalk to be consistent with the Cambridge Estates - Phase I subdivision.

7. Building permits shall not be issued for new single- family homes for this subdivision prior to the recordation of the final map. Building permit(s) for new single-family homes shall be subject to City and County Public Facility Fees, Ceres Unified School District and the applicable Brown Annexation Master Plan Fees in place at the time of development. These fees may be adjusted yearly based on the construction cost index.

8. Hackett Road shall be improved from centerline with 20 feet of roadway, a 5-foot lands cape area and a 5- foot sidewalk along the six residential lots fronting on Hackett Road. The landscaping shall be approved by the Director of Community Development consistent with City of Ceres Water Efficient Guidelines and Standards.

9. Interior streets within the subdivision shall have a right -of-way of 50 feet, which includes from centerline 17 feet of roadway, 6 feet from flow line to face of sidewalk and two feet of sidewalk. The right -of-way splits the five- ITEM 9
foot sidewalk, with two feet being in the right -of-way and three feet being on the property owners’ lot.

10. The following dedications shall be made:
a) Water rights;
b) Street dedication on Hackett Road to 30 feet from centerline.

11. Full street improvements shall be installed along Hackett Road, as approved by the City Engineer. These improvements are to include, but not be limited to vertical face curb, gutter, sidewalk, storm drainage, water lines, sewer lines, street lights and street pavement. All improvements shall be constructed in accordance with City Standards. The project is within the Brown Annexation Street Improvement Benefit District and the applicant shall pay the fee per dwelling unit that is in place at the time the building permit is issued.

12. Street names and signs shall be provided as approved by the City Engineer.

13. A soil report shall be required.

14. A ten -foot street tree planting easement along all project streets shall be recorded on all lots.

15. All lots shall connect to public water and sewer as approved by the City Engineer.

16. All front and exterior side- yards shall be landscaped as approved by the Director of Community Development and automatic irrigation systems with seven-day timers shall be installed.

17. This subdivision shall connect to City storm drain system consistent with the Storm Drain Master Plan, as approved by the City Engineer. The development is within the Westpointe Storm Drain Benefit District and the applicant shall pay the appropriate fees.

18. Survey monuments shall be installed at intersections consistent with the City of Ceres standards.

19. All existing utilities shall be properly abandoned or relocated.

20. The subdivider shall be responsible for all dust control during the construction of this subdivision.

21. Prior to final acceptance, the subdivider shall provide the C ity with copies of the final map and record the construction drawings in an Auto Cad and PDF ITEM 9
format. Additionally, the record construction drawings shall also be provided on 5mil mylar.

22. All existing dwellings, structures and plumbing across property line shall be removed prior to filing the final map.

23. All interior streets shall be constructed consistent with adopted City Standards as approved by the City Engineer. Drive- over type curb and gutter is not permitted.

24. All water mains in the proposed subdivision shall be eight inches. The applicant shall also provide a “blow off” at the end of the water line on the east end of Bria Drive.

25. Public utility easements required by the utility companies serving the project shall be dedicated by the final map.

26. All existing structures, including such underground facilities as cesspools, septic tanks, basements, and wells not incorporated into the subdivision, shall be demolished or removed to the satisfaction of the City Engineer.

27. In case of removal and relocation of any structure within the City boundary, the applicant shall be required to obtain a conditional use permit to be approved by the Planning Commission. If the applicant chooses to demolish any structure or relocate the structure outside the city boundary , a building permit shall be required.

28. The developer shall record on each deed, that there are on going and permitted grandfathered uses that include both raising of livestock and competition animals which may produce odors, dust, noise, flies, etc. This recordation shall take place for all 38 lots.

29. The applicant shall comply with the requirements of the Turlock Irrigation District letter dated February 27, 2015.

30. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District letter dated February 24, 2015.

C. GENERAL CONDITIONS OF APPROVAL

Planning Division

1. Development shall conform to the map designated by the City Planning Division as “ Vesting Tentative Subdivision Map for Cambridge Estates – Phase II” drawn by GDR Engineering, Inc. , stamped received January 21, 2015. The “Vesting Tentative Parcel Map” shall consist of the submitted ITEM 9
map amended by the applicant to reflect any changes indicated above in the Project Specific Conditions or required by the City in the approval process.

The applicant shall submit any required amended maps to the Planning Division within 90 days of project approval. Failure to submit the amended map will result in a delay in processing and/or approval of the final map.

2. The Planning Division may approve minor amendments to the map, provided that the map is still in substantial conformance with the original approval. A request for a minor amendment shall be submitted in writing to the Planning Division.

3. The final map shall be in substantial compliance to the a pproved vesting tentative subdivision map and the development shall be consistent with applicable sections of the General Plan and Zoning Ordinance.

4. The developer will defend, indemnify, and hold harmless the City, its agents, officers, employees and volunteers from and against all claims, lawsuits or causes of action (whether brought solely against the City or jointly against both City, developer, or others), damages, losses, and expenses, including attorney fees, arising in any manner out of the approval of the application approved herein, including, without limitation, all actions or proceedings to attack, set aside, void or annul the permit granted pursuant to the City’s approval of the application referenced herein, provided the City notifies the developer within a reasonable time of any such claim, action or proceeding, and cooperates in the defense of such claims, actions or proceedings.

5. The development impact fees and project processing fees due in connection with this project shall be based upon the fees in effect at the time the fee is paid unless modified by a Development Agreement or other mechanism approved by the City. All developers of property within this project site shall pay the appropriate City and Count y Public Facility Fees, Ceres Unified School District Fees and other applicable fees in place. These fees may be adjusted yearly based on the construction cost index or other method as approved by the City.

6. The applicant shall meet all requirement s of Pa cific Gas & Electric, AT&T , San Joaquin Valley Air Pollution Control District, Turlock Irrigation District and other utility agencies serving the project site to the satisfaction of the Planning Division.

7. Prior to any construction activity, the developer shall inform all contractors of the possibility that human remains may be found on the site during construction activities. The applicant shall consult with the Native American Heritage Commission for recommended procedures if human remains are found.

ITEM 9

8. The applicant and/or outside party have the right to appeal, within 10- days, any decision of the Planning Commission to the City Council per the provisions of Chapter 18.46 of the Ceres Municipal Code.

Engineering Services Department/Public Works Department

1. A plan for preventing stormwater pollution and implementation of appropriate Best Management Practices (BMP’s) must be submitted to, and approved by, the Ceres Engineering Division prior to issuance of building permits for remaining development. If required, the applicant shall obtain coverage under the statewide NPDES General Construction permit and shall prepare a Storm Water Pollution Prevention Plan (SWPPP) and submit a Notice of Intent (NOI) and fee to the Regional Water Quality Control Board and have both on- site for reference and inspection. Furthermore, to obtain a building permit, a copy of the SWPPP and verification of a NOI, if required, must be submitted to the Building Division when building plans are submitted.

2. The applicant shall submit a grading and drainage plan with the proposed improvement plans, and shall obtain the necessary permit. No grade severance to adjoining properties may be permitted without masonry retaining walls. Storm water drainage shall not cross property lines. All walls, fences and utilities shall be shown on the grading plan. All lots adjoining irrigation ground must be graded so that the back of lot elevations and house pad elevations are at least 6 inches above the irrigated ground or as approved by the City Engineer. All pad elevations for new dwelling units shall be at least three inches above the top of the curb or as approved by the City Engineer. All lots shall drain to the street. Adequate elevations on adjacent properties shall be provided to confirm that this project does not impact adjacent properties.

3. The applicant shall be required to work with the Engineering Division and Public Works Department to take appropriate measures to accommodate storm drainage associated with the project. The applicant must abide by Ceres Municipal Code and not discharge sediments or pollutants (concrete wash, paint, etc.) into City stormdrain system.

4. All easements (i.e. public utility easements, tree planting easement, etc.) and agreements required for this project shall be recorded concurrent with recordation of the final map.

5. All lots shall connect to public water and sewer as approved by the City Engineer. The applicant shall ensure that water and sewer services are provided for the project to the satisfaction of the Engineering Division and Public Works Department.

ITEM 9

6. Prior to or concurrent with the filing of the final map, this subdivision shall become a part of a 1972 Lighting and Landscape Maintenance District.

7. Prior to approval of the final map, a soils report is required for the project.

The soils report shall comply with the current requirements of the International Building Code with the California Building Code. The soils report shall provide design parameters for proposed building foundation, soil preparation, and specifications and recommendations for pavement sections.

8. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement.

9. As applicable, all existing utilities shall be properly abandoned or relocated.

All new and relocated utilities shall be placed underground and consistent with City Council policy on location and undergrounding of utility boxes.

10. The subdivider shall be responsible for all dust control during the construction of this subdivision in compliance with the San Joaquin Valley Air Pollution Control District’s regulations.

11. All existing structures, including such underground facilities as cesspools, septic tanks, basements, and wells not incorporated into the subdivision, shall be demolished or removed to the satisfaction of the Engineering Division.

12. The applicant shall indicate, in writing to the City, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per County requirements.

13. All haul routes shall be approved by the City Engineer. Haul routes shall be limited to graded area only.

DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL
APPLY:

14. Prior to any work being conducted within the City right -of-way, the applicant shall obtain an Encroachment Permit from the City. The Encroachment Permit requires improvement plans approved by the City Engineer, plus payment of plan check and inspection fees.

15. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus County Environmental Health Department, the Fire Department, the Police ITEM 9
Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.

16. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.

17. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer.

18. Sufficient surety guaranteeing any required public improvements for a period of one year shall be provided.

19. If there are substantial changes in the size, alignment, grades, etc. during construction, then original "as -built" plans on the standard size sheets will be certified by the Project Civil Engineer and returned to the City Engineer's office.

Building Division

1. Approval of this project is not an authorization to commence construction.

Building construction, alterations, repairs, sign erection, or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits.

2. The applicant shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, Brown Annexation Street Improvement Benefit District Fees, and Ceres Unified School District fees for any new dwelling units . These fees are adjusted annually. The applicant shall pay these fees in place at the time the building permit is issued.

3. All construction shall meet the requirements of the currently adopted California Building Code, and disability accessibility as approved by the Building Division.

4. Construction of all improvements shall be completed by licensed contractor(s).

Fire Division

The applicant shall comply with the requirements of the Fire Division which may include, but are not limited to:

ITEM 9

1. Fire hydrants shall be provided as required by the Fire Chief. Reflectorized makers shall also be provided. Said fire hydrants shall be Rich Ranger 960 or equal and be spaced a maximum of 300 feet. Blue dot markers shall be placed in the roadway to denote fire hydrants.

2. All single-family residences shall be designed to include fire sprinklers to the satisfaction of the Fire Chief.

3. A minimum of 24-hour notice is required for all inspections.

4. The applicant shall ensure that street addresses are visible from the adjacent roadways for all units.

5. Cul-de-sacs shall have a bulb turning radius that meets City standards.

Police Division

1. The project will be required to conform to the provisions of the Public Peace, Safety and Morals Section of the Ceres Municipal Code.

I:\PLANNING\DEPT\PLANNING\PC\Resolutions\2018\Reso 18-12 (18-01 VTSM; Cambridge Estates II - 1200 & 1206 Hackett Road COA's).doc
ITEM 9
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ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: January 23, 2023
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 2 023-12, 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 adop t a Resolu tion 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 10

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 transit ion 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 36 1 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 officials 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 per son would 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 immi nent 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 Br own act. 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 10

meeting to the public using the call-in or internet-based service option or is within the local ag ency’s control and prevents the public from submitting public comments (any actions taken 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-pa rty 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, th e C eres C ity Council meet ings 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 Counc il 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 10

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A

V. P
OLICY ALTERNATIVES :

N/A

VI. I
NTERDEPARTME NTAL 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 measur es, 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 2023-12

ITEM 10
{CW116127.1}

RESOLUTION NO. 2023-12

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 10
{CW116127.1} Resolution No. 2023-___; Page 2 of 2

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

a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions /Committees, as well as staff and members of the public, from meeting safely in person; and
c. 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 23
rd day of January 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Fallon Martin, City Clerk
ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: January 23, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778
SUBJECT:

Resolution No. 202 3-13, Accepting the Improvements for Ceres Gateway Center as Complete, Accepting the Dedications, Releasing the Improvement Security, Accepting the 12- Month Warranty Bond, and Authorizing Filing of the Notice of Completion RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council a ccept the improvements for Ceres Gateway Center as complete, accepting the dedications, release the Improvement Security, accept the 12- Month Warranty Bond, and authorize filing of the Notice of Completion.

I. BACKG ROUND:

The Ceres Gateway Center is a commercial development at the southwest corner of Mitchell and Service Roads. It includes Quick Quack Car Wash, Chipotle, Ono Hawaiian BBQ, In-N-Out Burger, Popeye’s, Starbucks, Union 76, Woodspring Suites, a future junior box store and future retail or restaurant at the south corner of the development . The project’s Specific Plan Site Plan was approved by the City of Ceres Planning Commission on February 3, 2020 (Exhibit C).

An Improvement Agreement was approved by the City Council on July 26, 2021 (Exhibits D and E). The Improvement Agreement obligates the d eveloper to construct improvements as presented on the improvement plans and project’s conditions of approval. The improvements include water, sewer, and storm drain systems, curb, gutter, sidewalk, traffic signal and street lighting. The agreement specifies public improvement securities that the developer must provide including specific amounts and the duration. In the case of many developments, including Ceres Gateway Center, an I mprovement Security is paid for by the developer and the City holds the Security in case the developer fails to construct the improvements. For example, the City could use the S ecurity to construct the improvements even if the developer were to abandon the project half -way through construction.

ITEM 11

The typical process continues as follows: once construction is complete and the City inspects and accepts the construction, then the Improvement Security is released. A separate Warranty Bond, paid for by the developer in the amount of 10% of the original Improvement Security, is kept by the City for 12 months. After 12 months, the City again inspects the improvements and returns the Warranty Bond upon acceptance.

The Ceres Gateway Center developer opted for and the City agreed to an irrevocable letter of credit as the form of the Improvement Security. Although the letter of credit has an expiration date of January 15, 2023, by the time of this staff report, the Engineering Department has inspected the development and found that the improvements are substantially complete (Exhibit B). Furthermore, staff sent a letter to the developer explaining staff’s intention to recommend to the City Council to accept the improvements and release the Improvement Security at the regular meeting on January 23, 2023 (Exhibit F).

The City is now prepared to release the letter of credit and replace it with the 12-month Warranty Bond. The City will inspect the site again in 12 months to ensure that the improvements remain in good condition and meet City standards. In January 2024, after confirming that all improvements still meet City standards, the City will then release the Warranty Bond.

II. RE
ASONS FOR RECOMMENDATIO N:

The Engineering Department has inspected the improvements at Ceres Gateway Center and found them to be complete and meet City standards. The City is thus obligated to formally accept the improvements and release the Improvement Security (letter of credit).

A Notice of Completion will then be recorded to finalize the City’s acceptance of the improvements. This procedure is in accordance with California Government Code 66499.

A resolution to execute these items is attached (Exhibit A).

III. F
ISCAL IMPACTS :

The securities as required by Ceres Municipal Code section 17.18.070 were previously provided and approved by the City Council on July 26, 2021 through the Improvement Agreement (Exhibits D and E).

The Engineering Department has determined that the required Warranty Bond is sufficient to warrant said improvements.

IV.

EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. P OLICY ALTERNATIVES :

N/A
VI. I NTERDEPARTMENTAL COORDINATION:

ITEM 11
This project was coordinated with the Engineering Department. Upon acceptance of this work, the Public Works Department will provide ongoing regular maintenance of the public improvements.

VII
. PUBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

All environmental documents have been completed.

IX. ST EPS FOLLOWING APPROVAL :

The City will coordinate with the Stanislaus County Recorder’s Office for the recordation of the Notice of Completion and resolution.

Approved by: ___________________________
A lex Terrazas, City Manager

Attachments:

1. Exhibit A – Resolution No. 2023-13

2. Exhibit B – Memo from City Engineer

3. Exhibit C – Resolution No. PC 20-06

4. Exhibit D – Resolution No. 2021-77

5. Exhibit E – Improvement Agreement

6. Exhibit F – Letter of Credit Extension Memo
ITEM 11
ITEM 11
RE

CORDING REQUESTED BY &
WHEN RECORDED, MAIL TO:

C
ity Clerk
City of Ceres
2220 Magnolia Street
Ceres, California 95307
RESOLUTION NO. 2023-13
ACCE

PTING THE IMPROVEMENTS FOR CERES GATEWAY CENTER AS

COMPLETE, ACCEPTING THE DEDICATIONS, RELEASING THE
IMPROVEMENT SECURITY, ACCEPTING THE 12-MONTH WARRANTY

BOND, AND AUTHORIZING FILING OF THE NOTICE OF COMPLETION T

HE CITY COUNCIL
City of Ceres, California
W
HEREAS, the City Engineer advised that all public improvements at Ceres Gateway Center have been co mpleted in accordance with the Improvement Plans and Specifications.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the improvements for Ceres Gateway Center as complete, accepts the dedications, releases the improvement security, accepts the 12-month warranty bond, and authorizes the filing of the Notice of Completion in conformance with the California Government Code Section 66499.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of January 2023, by the following vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
__________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
WHEREAS, the property affected by this resolution is situated in the City of Ceres, County of Stani slaus, and State of Califor nia and is described as follows:

Commencing at the corner common to Sections 13 , 14, 23, and 23, and 24, above Township and Range; running thence North 89° 51' 40" West and along the dividing line between Sections 14 and 23, a distance of 110.00 feet; thence South 0° 11' 44" West and parallel with the East line of said Section 23, a distance of 34.55 feet to the point of begi nning; thence continuing South 0° 11' 44" West and parallel with the East line of said Sectio n 23, a distance of 59.55 feet’ thence South 47° 21' 24" East, a distance of 26.24 feet; thence South 0° 00' 17" West, a distance of 86.64 feet to a point on a curve concave to the Northwest and having a radius of 39.50 feet; thence along said curve through a central angle of 11° 19' 55", an arc distance of 7.81 feet to the point of reverse with a curve concave to the Southeast and having a radius of 562.55 feet; thence along said curve through a central angle of 11° 11' 15", an arc distance of 109.84 feet to a point on a tangent line that bears South 0° 08' 53” West; thence along last said line a distance of 100.66 feet to the point of intersection with the South line of above described property and the point of termination.

APN: 041-013-008

That portion of the Northeast quarter of Section 23, Township 4 South, Range 9 East, Mount Diablo Base and Meridian, described as follows: Commencing at a one inch iron pipe marking the section corner common to Sections 13, 14, 23, 24, above Township and Range running thence along the Section line common to said 23 and 24, South 00 11' 44" West 416.00 feet to a point marking the intersection thereof with the South line of that certain Pa rcel of land described in Deed to Joe L. Kennedy, Jr., et ux, recorded May 17, 1954 in Vol. 1217 of Official Records, page 612; thence along the South line of said Kennedy Parcel, North 89° 52' 43" West 64.72 feet to the true point of beginn ing of this description; thence continue North 89° 52' 43" West 265.29 feet more or less to the Southwest comer of that certain Parcel of land described in Deed to John Francis Gonsalves, et ux, recorded October 27, 1955 in Vol. 1323 of Official Records, page 536; thence along the West line of said Gonsalves parcel North 0° 11' 44" East 386.74 feet to a point thereon that lies South 0° 11' 44" West 9.26 feet from the South line of Service Road (a Count y Road 40 feet in wid th); thence North 89° 57' 33" West 481.72 feet; thence Nort h 89° 59' 15" West 92.20 feet; thence South 86° 00' 30" West 481.30 feet; thence South 42° 14' 15" East 292.81 feet; thence South 43° 57' 30" East 355.78 feet; thence South 52° 00' 41" East 667.98 feet; thence along a curve concave to t he Northeast having a radius of 450 feet through an angle of 37° 51' 49" a distance of 297.38 f eet; thence North 49° 49' 22" East 60.30 feet; thence North 9° 35' 14" East 152.07 feet; thence North 0° 07' 30" East 451.10 feet to the point of beginning. Excepting from above described land any portion thereof lying within Parc el A, described in Final Order of ITEM 11
Condemnation issued out of Superior Court of Stanislaus County case No. 79038 and recorded June 26, 1963 in Vol. 1864 page 475.

APN: 041-013-009

WHEREAS, the Planning Commission bas ed on the evidence within the staff report and project file find that:

1. The proposed Specific Plan Site Plan application is c onsistent with the purpose and intent of the “RC, Regional Commercial” land use designation of the Ceres General Plan.

2. The proposed Specific Plan Site Plan application is c onsistent with the purpose and intent of t he “RC, Regional Commercial” zoning designation as defined in the Mitchell Road Corridor Specific Plan.

3. With the conditions of approval im posed on this Specific Plan Site Plan application, the proposed use will have no adverse effect on surrounding properties or on any wildlife or wildlife habitat.

4. The conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.

NOW, THEREFORE, BE IT RESOL VED by the Planning Commission of the City of Ceres as follows:

Section 1. The Planning Commi ssion hereby adopts the Mitigated Negative Declaration prepared for this project, per the requirements of the California Environmental Quality Act (CEQA).

Section 2. The establishment and operation of SPSP 19-21 requires compliance with the conditions of approval contained in this resolution and attached as Exhibit “A” and on file in the Planning and Buildin g Division, which shall be binding on all heirs, assignees, and successors in interest of said property.

Section 3. The Director of Comm unity Development or designee is hereby directed to record this Resolution at the office of the County Recorder of the County of Stanislaus.

Section 4. The conditions of proj ect approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020 (d) (1), these conditions constitute written notice of a statement of the am ount of such fees, and a description of the dedications, rese rvations, and other exactions. You are hereby further notified that the ninety ( 90) day appeal period in which you may ITEM 11
ITEM 11
EXHIBIT “A”

CONDITIONS OF APPROVAL

Specific Plan Site Plan # 19-21

City of Ceres

2812 and 2942 E. Service Road
Ceres, CA 95307

Prepared: January 24, 2020
Approved by the Planning Commission: February 3, 2020
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A

A. PROJECT AUTHORIZATION

1. The project shall be in conforma nce with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this approval, but shall not be construed to permit violation of other laws and policies not so listed.

2. Approval is limited to the conf ormance of the land use and zoning.

Use of the property shall be limit ed to those permitted uses per the “RC, Regional Commercial” zoning district listed in the Mitchell Road Corridor Specific Plan.

3. This Specific Plan Site Plan ent itlement shall ex pire within 24 months (February 3, 2022) unless a building permit is issued, or the use is exercised, or a request for extension is received by the City prior to expiration of t he permit and approved by the Planning Commission. If the final map for VTPM 19-20 is adopted before its expiration date, then this Specif ic Plan Site Plan (SPSP 19-21) entitlement is valid and has no expiration date. IT SHALL BE THE

RESPONSIBILITY OF THE APPLICANT/PROPERTY OWNER TO

BE AWARE OF THE EXPIRATION DATE OF THIS

ENTITLEMENT AND TAKE THE NECESSARY STEPS TO

ENSURE THE APPROVAL OF THIS ENTITLEMENT REMAINS
VALID. IT SHALL NOT BE THE CITY OF CERES

RESPONSIBILITY TO NOTIFY THE APPLICANT/PROPERTY
OWNER OF THE PROJECT’S EXPIRATION DATE. IF AN

APPROVED ENTITLEMENT EXPIRES, THE

APPLICANT/PROPERTY OWNER SHALL BE REQUIRED TO
SUBMIT A NEW APPLICATION REQUEST FOR THIS PROJECT.

ITEM 11
B. PROJECT SPECIFIC CONDITIONS

Prior to issuance of a Final Site Pl an Map, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning and Building Division:

1. The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall be in a letter format wi th each condition numbered and indexed for reference and shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that dem onstrates compliance with the condition. These changes shall be indicated with a delta or cloud symbol. A copy of these responses shall be provided with each set of the final site map and improvement plans. These changes shall be approved by the Planning Division PRIOR to the submittal, and City acceptance, of a Building Permit application.

2. This Specific Plan Site Plan (SPSP) entitlement is for a phased approval of a retail commercial development that allows for the eventual construction of nine commerc ial/retail buildings that total 53,863 square feet, a 6,437 square foot convenience store with a gas station and carwash, a 64,000 squar e foot hotel consisting of 80 rooms and a freestanding pylon sign. The freestanding pylon sign shall be allowed to maintain a maxi mum overall height of 85 feet with a maximum tenant signage area allo wance of 500 square feet. A separate building permit will be required for each building and for the freestanding pylon sign, and the applicant shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, Mitchell Road Corridor Storm Drain Fees, Mitchell Road Corridor Specific Plan Reimbursement Fee, and Ceres Unified School District fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued. The proj ect is required to comply with the requirements of the Calif ornia Building C ode that are in place at the time said building permit applicat ion is made for each building and the freestanding pylon sign.

3. Prior to approval of the final map associated with VTPM 19-20, the applicant shall complete or guar antee completion in a form satisfactory to the Engineering Services Department, any required improvements associated with this entitlement (SPSP 19-21) and VTPM 19-20 to the satisfaction of the City which may include, but not be limited to: providing on and off site improvements such as:

Mitchell and Service Roads fr ontage improvements (sidewalks, landscaping, etc.), parking, land scape improvements, connection ITEM 11
between Mitchell Road entrance/exit and Service Road entrance/exit, signage, and water, sewer, and projec t storm drainage infrastructure.

These improvements shall be comple ted to the satisfaction of the Engineering Services Department/P ublic Works Department and the Planning Division.

4. As this development will be c onstructed in phases, the exterior appearance of only four of the sev en proposed buildi ngs associated with this Specific Plan Site Pl an (SPSP) entitle ment is being considered with this resolution, and those buildings include: a “Circle K” convenience store with a gas station and carwash (at 6,449 square feet), the “Shops 2” building (at 11,142 square feet), an “In and Out Burger” (aka: Restaurant 3 building at 3,974 square feet), and a “Chipolte” restaurant (aka: Restaurant 5 building at 2,500 square feet). The applicant shall in corporate colors, materials, and architectural features as approv ed by the Planning Commission and are represented with the project el evations and colored renderings that are on file with t he Planning Division. If the applicant desires to make any changes to the colors or materials for the proposed buildings, such request shall be made in writing and shall receive prior approval from the Director of Community Development or designee prior to their installation.

For the future construction of t he remaining buildings including:

Restaurant 1, Restaurant 2, Restaurant 4, and the Phase 2 development with JR Majors 1 and 2, and the 80-room hotel (as illustrated on the project site plan) , each of these future buildings shall be required to obtain a sepa rate entitlement (i.e. SPSP or CUP) which shall be subject to the re view and approval by the City Planning Commission.

5. Prior to issuance of building pe rmit(s) for the project, the applicant shall comply with the following requirements:

a. The applicant shall demonstrat e that reciprocal parking, maintenance, and access agreements have been recorded
between Parcel 1 through 8 of the VTPM 19-20 entitlement.

b. The applicant shall enter into a Landscape Maintenance Agreement (between the applicant and the City), which shall be signed and executed prior to the issuance of a building permit for the project. Landscape Plans shall meet State of California’s Model Water Efficient Landscape Ordinance (MWELO)
standards and said plans shall be designed by a California State Licensed Landscape Architect. At a minimum, the applicant ITEM 11
shall ensure the project landscape plan incorporates trees and shrubs for the landscape areas of the project as follows:

i. Include at least 1 tree and 10 shrubs for each 35 feet of project street frontage area (along Mitchell Road and Service Road) with a minimum planter width of 10 feet.

ii. Include perimeter landscaping of at least 1 tree and 5 shrubs for each 35 feet along the west, east, and south property lines of the property. The perimeter landscape planter width shall be a minimum of 5 feet.

iii. Include at least 1 tree for every 8 parking spaces in the interior of the project parking lot (i.e. tree wells).

iv. The applicant shall enhance the landscaping adjacent to the drive-thru operations proposed on Parcels 1-7. This
enhanced landscaping shall include some mounding or
berms or low walls with landscaping on top to screen
vehicles in the drive-thru. These details shall be called out on the landscaping and irrigat ion plans and meet the
satisfaction of the Director of Community Development or his designee.

6. The applicant shall ensure that the following measures (as proposed by the applicant) are incorporat ed to improve aesthetics of the buildings proposed with this entitle ment (as illustrat ed on the project elevations/colored renderings):

a. Each building shall include the combination of the contrasting earthtone colors which may be of smooth or rough textured finishes integrated with a concrete roofing tile system.

b. The building shall include the stone/brick veneer treatments for the column and base areas of the buildings, as well as provide awnings per the project building elevations.

7. The applicant shall comply with t he following conditions for the Phase 1 development, which shall be completed prior to occupancy of the first building constructed to the sa tisfaction of the Planning Division and Engineering Services Department:

a. The applicant shall provide 306 parking spaces to serve this Phase 1 development. The applic ant shall ensure that all parking stall lengths and widths and drive aisle widths meet City standards.

ITEM 11
b. As applicable, the applicant will be required to provide all the frontage improvements (i.e. str eet lighting, landscaping, roadway, curb, gutter, and sidew alk) along Mitchell Road and Service Road.

c. As applicable, the applicant shall install all water, sanitary sewer and storm drain systems, and relat ed utilities required to serve the project. Calculations for t hese utilities shall be prepared by a licensed civil engineer for revi ew and approval by the City Engineer.

d. The improvements associated wit h this project (i.e. parking lot striping/paving, sidewalks/walkwa ys, and lighting, etc.) shall comply with all City standards to the satisfaction of the Planning Division and Engineering Services Department.

e. The applicant shall install str eet lights, striping and signing, paving, and any necessary transi tions in accordance with the City of Ceres Procedures, St andard Specifications and
Standard Details.

f. Any proposed exterior lighting will need to be shielded and/or directed downward and away, so as not to create any glare onto Service Road, Mitchell Road, Highway 99, and the neighboring properties. The height of any new pole lighting proposed for the site shall not exceed the 30-foot tall height requirement per the Mitchell Road Corridor Specific Plan.

g. The applicant shall ensure that the proposed parking lot areas for the project comply with ADA requirements to the satisfaction of the City of Ceres. Walkwa y areas near the buildings need to comply with ADA standards and must be maintained by the property owner.

h. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service to serve this project and the applicant shall provide staff with detailed wate r calculations (sealed by a California licensed architect or Engineer).

8. The applicant shall construct th e proposed refuse enclosures as shown on the project site plan. Each refuse enclosure shall be constructed prior to granting occ upancy for each building that said refuse enclosure(s) is intended to serve. Placement of these enclosures, size and design, shall be subject to review and approval by the City. The refuse enclosures shall meet the size requirements ITEM 11
as established in the City of Cere s Water Efficient Guidelines and Standards. The enclosures shall have a 6’ masonry (split face block) wall with solid metal gates in front that match the building’s field color. At a minimum, textured block for the exteriors shall be provided for each enclosure and it is encouraged that they have some type of roof feature to limit the ability of someone to gain unauthorized access to the refuse bin. Plans for these enclosures shall be provided at building permit submi ttal. Trees/shrubs shall be positioned around the enclosure to screen from public view to the satisfaction of the Planning Division.

9. Prior to issuing any building permits for the project, the plans will need to demonstrate how drainage will be or has been
accommodated to the satisfaction of the Engineering Services Department. The City may require all storm drainage to be retained on site, if connection cannot be made in the street to the Storm Drain system. The applicant may wish to accommodate some storm drainage capacity on-site, as in a sign ificant rain event the collection system may become inundated and lose capacity, which may result in some temporary localized flooding on-site.

10. Signage for the project will be subject to the requirements of Chapter

18.42 (Ceres Sign Code) of the Municipal Code and the Master Sign Program associated with this SPSP entitlement (on file in the Planning Division). The applicant shall obtain the appropriate sign permit(s) and building pe rmit(s) for all projec t signage (which shall meet City standards) and shall be reviewed and approved administratively by the Director of Community Development or designee. Allowable signage for this project includes the following:

a. For any proposed shop wall signs, the City will require said wall signs to be designed as individual channel lettering with an appropriate background (not a cabinet type sign). The maximum allowable sign area for a wall sign is 1 square foot of sign area for every 1 lineal foot of primary building frontage and ½ square foot for every 1 linear foot of secondary
frontage. The maximum allowable sign area for the gas station canopy structure is ½ square foot of sign area for every 1 lineal foot of canopy side that faces a public street and the gas station canopy signs are not pe rmitted to project above the canopy roof.

b. One freestanding motor fuel price sign can be permitted for the Circle “K” gas station, not to exceed 30 square feet in area and 6 feet in height per Sign Co de Section 18.42.200(J). The ITEM 11
location of the sign shall be subject to the review and approval by the Planning Division.

c. Three freestanding double-sided multi-tenant shopping center signs may be permitted for this shopping center of which two 30-foot tall “street side” signs shall be located near the main entrances of the site (one on Service Road and the other on Mitchell Road) and the third is an 85-foot tall “freeway- oriented” pylon sign which is permitted on proposed Parcel 8.

The two street side signs at the main entrances on Service and Mitchell can each attain a maximum allowable sign area of 175 square feet per side. The freeway-oriented pylon sign shall be positioned on proposed Parcel 8 and can attain a maximum allowable sign area of 500 square feet per side.

That applicant shall work with the Engineering Services Department prior to placement to determine the location of the sign outside of the future work area of the Service/Mitchell Road Interchange project.

d. The “freeway-oriented” pylon sign for the Ceres Gateway Center shall not advertise any business that is not within the Ceres Gateway Center. For pu rposes of defining the Ceres Gateway Center, it is those parce ls that are south of Service Road, west of Mitchell Road and east of State Route 99. The logo for the City of Ceres shall be approved by the Director of Community Development and shall not count in the total
square foot area of the sign.

e. If offered for sale, the owner of the “freeway-oriented” pylon sign for the Ceres Gateway Cent er shall allow the City of Ceres the first right of refusal for purchase of the sign. If the City of Ceres is not interest ed, then the owner may sell to another property owner within th e Ceres Gateway Center who also runs a business within the Center. In no case shall the freeway sign be sold or operated by any party not owning property within the Ceres Gateway Center, the exception being the City of Ceres.

f. An access agreement shall be developed for the Ceres Gateway freeway-oriented sign and must be approved by the City which provides at a minimum equal access to all tenants, provision for maintenance and upk eep, and provisions filling vacant tenant slots to avoid blank spaces on the sign. The owner of the “freeway-oriented” sign shall ensure that once constructed, all of the sign areas are occupied and not vacant.

If tenants change and signage is removed, then the owner ITEM 11
shall place copy in its place until new tenant signage is in place.

11. The applicant/future tenant(s) s hall provide a standard food service grease trap for each building that has a kitchen/food prep area, which shall be approved by the County of Stanislaus Department of Environmental Resources. T he applicant/future tenant(s) shall secure the necessary permits for the food service operations.

12. The applicant shall ensure that they obtain all necessary approvals from the State of California Alcoholic Beverage Control (ABC) Licensing Division that may be required for this operation and provide the Planning Division staff with the necessary documentation of approval from the State of Californ ia ABC prior to selling alcohol related beverages.

13. Any proposed “Bike Racks” for the project should be equally distributed throughout the “commercial shops” area near all buildings.

14. Any roof top mechanical equipment for the new buildings shall be screened from public view to the satisfaction of the City.

15. The applicant is permitted to paint and use the materials on the buildings per those listed on the colo red renderings. If the applicant proposes any changes to color or materials they must make a written request to the Director of Communi ty Development who will consider all requests and has the authority to approve those administratively.

16. If proposing any elevation changes to the buildings, the applicant must submit a letter to the Dir ector of Community Development Director who will evaluate the request. If, in the opinion of the Director of Community Development or his designee, any proposed change meets the intent of this approv al or is superior to what was approved, staff has the ability to approve administratively. If the applicant is not satisfied with the opinion of the Director of Community Development or his designee, that decision is appealable to the Planning Commission and t he applicant would be responsible to pay the associated fee.

17. The applicant shall ensure that Enhanced Vapor Recovery equipment is sufficiently screened in an enclosure that matches the architectural elements and colors of the proposed gas station. The applicant shall submit the type of system, location, screening method, landscaping with the building permit fo r the gas station. The Director or Community Development or his designee will review and approve ITEM 11
any proposed Enhanced Vapor Recovery system administratively and this system shall meet City standards.

18. The applicant shall develop the ca r wash system at the gas station with a continuous belt system that takes vehicles from the entrance and exit without stopping the vehicle. This continuous belt car wash system shall be shown on the cons truction drawings for the gas station/car wash.

19. The applicant shall develop the car wash as a closed loop (recycling) system. Further, prior to the i ssuance of building permits, the applicant shall contact the Public Works Department to determine if an Industrial Waste Water Discharge Permit is required for this project.

20. The applicant shall record an irrevocable reciprocal access and parking easements across the proper ties. The easements shall be recorded for all portions of the drive aisles that are shown on the site plan. The applicant shall submit the irrevocable reciprocal access easement to the Director of Community Development for review and approval by the City Attorney prio r to the issuance of a building permit. This irrevocable reciprocal access and parking easement shall be reviewed and approved by t he City and recorded prior to the recordation of the final map.

21. The applicant shall provid e for the provision to have loading/unloading facilities for public transportation at th is site to the satisfaction of the City Engineer. The applicant shall work with the City Engineer to determine the appr opriate design and location of such facilities and the design and location shall be shown on the improvement plans, which shall not be issued until transit facilities have been addressed to the satisfaction of the City Engineer.

22. The applicant shall secure the nec essary demolition permit(s) from the City of Ceres to demolish all/any existing structures on site.

23. The applicant shall realign Rohd e Road per the requirements of the Traffic Impact Study and per the c onditions contained in DRAFT PC Resolution 20-05.

24. The applicant shall provide “As-Built” drawings of the improvements including plan and profiles of the water, sanitary sewer and storm drain systems. Alignments shall be tied to a monumented property corner.

ITEM 11
C. GENERAL CONDITIONS OF APPROVAL

Planning Division

1. Development shall conform to the plans designated by the City Planning Division as “Final Exhibit” . Final exhibit shall consist of the submitted map(s), site plan, floor plans, elevations and landscape plans amended by the app licant to reflect any changes indicated above in, Item B, Project Specific Conditions or required by the City in the approval process. The applicant shall submit any required amended site plans to the Planning Division within 90- days of project approval. Failure to submit the amended plans will result in a delay in processing and/or approval of those plans.

2. The development impact fees and project processing fees due in connection with this project shall be based upon the fees in effect at the time the fee is paid unle ss modified by a Development Agreement or other mechanism approved by the City. All developers of property within this project site shall pay the appropriate City and County Public Facility Fees, Ceres Unified School District Fees and other applicable fees in place. These fees may be adjusted yearly based on the construction cost index or other method as approved by the City.

3. Any plans associated with the permit shall be in substantial compliance to the approved site plan and the develop ment shall be consistent with applicabl e sections of the G eneral Plan, Zoning Ordinance and applicable master plan. Violation of any provision(s) may result in Code Enforcement action, which may include revocation of permit and/or monetary penalties.

4. As applicable, the applicant shall meet all requirements of Pacific Gas & Electric, AT&T, San Joaquin Valley Air Pollution Control District, Turlock Irrigation Distric t (TID) and other utility agencies serving the project site to the satisfaction of the Planning Division.

5. The developer will defend, indem nify, and hold harmless the City, its agents, officers, employees and volunteers from and against all claims, lawsuits, or causes of action (whether brought solely against the City or jointly against both City, develop er, or others), damages, losses, and expenses, including attorney fees, arising in any manner out of the approval or the application approved herein, including, without limitation, all actions or proceedings to attack, set aside, void or annul the permit granted pursuant to the City’s approval of the application referenced herein, provided the City notifies the developer within a reasonab le time of any such claim, ITEM 11
action or proceeding, and cooperates in the defense of such claims, actions or proceedings.

6. Prior to any construction activi ty, the developer shall inform all contractors of the possibility t hat human remains may be found on the site during construction activities. The applicant shall consult with the Native American Heri tage Commission for recommended procedures if human remains are found.

7. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, landscaping and/or public utilities over the proposed property. Where required, location of all easements shall be agreed to with the City prior to the issuance of building permits. These easements shall be recorded prior to issuance of a Certificate of Occupancy.

8. In addition to complying with the State of California’s Model Water Efficient Landscape Ordinance (MWELO) standards, the applicant shall be required to landscape and irrigate the property as stipulated by the City of Ceres Water Efficient Guidelines and Standards. The applicant, prior to building permit submittal, shall provide landscape and irrigation plans indicating the type, size and location of planted material, water usage calculations and irrigation plans. The Director of Community Development or his designee will review and approve all land scape and irrigation plans. A Landscape Maintenance Agreement form shall be signed and executed prior to issuance of a building permit.

9. The trash/recycling enclosures for this project shall meet the size requirements established in the City of Ceres Water Efficient Guidelines and Standards. Each enc losure shall have a six-foot textured masonry block with solid metal gates in front that match the building field color. In visi ble locations, the enclosures may be required to have stucco siding and provide landscape screening, such as climbing vines or bushes to the discretion of the Director of Community Development or his designee.

10. All signage shall be consistent with the standards and guidelines established in Section 18.42 of t he City of Ceres Municipal Code.

The placement and installation of said signs shall comply with both zoning and building codes in place at time of approval.

11. The applicant shall comply with t he visibility obstructions at public intersections provisions in Chap ter 12.26 of the City of Ceres Municipal Code.

ITEM 11

12. During the construction phase, the applicant shall ensure temporary outdoor storage of items will be scr eened with a fence or wall, as required. Depending on use, fences or walls shall not exceed eight (8’) feet in height including secu rity measures, unless required for environmental mitigation or approv al of the Planning Commission or City Council.

13. The applicant shall comply wit h the requirement s of the San Joaquin Valley Air Pollution Control District regarding Rule 9510 to the satisfaction of the City of Cere s. If applicable, applicant shall submit verification of complianc e or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City.

14. The Planning Division may appr ove minor amendments to the project, provided that the amendm ent is still in substantial conformance with the original approv al of this entitlement (SPSP 19-21). A request for a minor am endment shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presen ted to the Planning Commission through the amendment process and the applicant shall pay the necessary processing fees.

15. The applicant and/or outside party have the right to appeal, within 10-days, any decision of the Pl anning Commission to the City Council per the provisions of Chapt er 18.46 of the Ceres Municipal Code.

16. The applicant shall comply with the applicable sections of both the Mitchell Road Corridor Specific Plan and the Ceres Municipal Code.

Engineering Services Department/Public Works Department

The applicant shall comply with t he requirements imposed by the City of Ceres Engineering Services Department/Public Works Department, which may include, but not be limited to the following:

1. The applicant shall comply with t he Conditions of Approval for the Ceres Gateway Center listed in PC Resolution 20-05.

2. The applicant shall submit to the City of Ceres for review and approval, a grading and drainage plan prepared by a Registered Civil ITEM 11
Engineer; shall obtain a grading pe rmit; and shall post sufficient surety guaranteeing completion.

3. A soils report is required for the project. The applicant shall submit to the City of Ceres for review and approval, a detailed soils report certified by a Civil Engineer regist ered in the State of California and qualified to perform soils work. T he soils report shall comply with the requirements of the current edition of the International Building Code with the current California amendm ents. The soils report shall provide design parameters for propos ed building foundation, soil preparation, and specifications and recommendations for pavement sections, including loading areas and fire lanes.

4. The project may be subject to pr oviding the Engineering Services Department (209-538-5792) with water and sewer analysis to ensure the City has sufficient capacity to serve the development.

5. All services shall be installed a nd protected as per City standards.

Additional utility easements may be needed for sewer, water, and storm drainage.

6. Prior to issuance of building permits, a plan for preventing stormwater pollution and implementation of appropriate Best Management Practices (BMP’s) must be submitted to, and approved by, the Ceres Engineering Services Department. The plan shall comply with the State Water Regional Control Bo ard Storm water Best Management Practices during construction.

7. The project shall be design ed to incorporate “Low Impact Development (LID)” desi gn parameters as well as a Stormwater Pollution Prevention Plan (SWPPP) . The City needs a copy of the SWPPP prior to start of constructi on (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's stormdrain inlets, which includes gravel drives at entrance/exit points, wattles, and stormdrain inlet filters, as well as keeping concrete wash, chemicals, etc. out of the stormdrain system. This shall be done to the satisfaction of the Engineering Services Department.

8. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service.

9. Prior to any work being conducted within the City right-of-way and prior to issuance of building permi ts, the applicant shall obtain an Encroachment Permit from the City. Prior to i ssuance of the Encroachment Permit, the applicant s hall submit to the City of Ceres ITEM 11
for review and approval, improvement plans prepared by a registered Civil Engineer; shall pay plan c heck and inspection fees; shall provide a cost estimate of the improvements; and shall post sufficient surety guaranteeing the construction of the improvements.

10. The applicant shall provide tra ffic control plans, prepared by a registered civil engineer, for all proposed work within the City right-of- way.

11. The applicant shall indi cate, in writing to the City, the disposition of any water well(s) and any other water that may exist within the site.

If any wells are proposed to be a bandoned, or if they are abandoned and have not been properly sealed, t hey must be destroyed per County of Stanislaus requirements.

12. The project soils engineer shall subm it a soils certification prior to placement of building foundations and pavement.

13. The applicant shall submit pav ement design sections to the Engineering Services Department for review and approval prior to placement of pavement.

14. All improvements shall be cons tructed in accordance with City standards and to the satisfaction of the Engineering Services Department.

15. The applicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project.

DURING CONSTRUCTION, TH E FOLLOWING CONDITIONS
SHALL APPLY:

16. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work s hall not proceed until clearance has been issued by all of these agencies.

17. The developer shall keep adjoi ning public street s free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.

18. If grading is to take place between October 1 and May 1, both temporary and permanent erosion c ontrol plans shall be submitted for review and approval along wit h the grading plan. Permanent ITEM 11
erosion control measures shall in clude hydro-seeding of all graded slopes within 60-days of completion of grading.

19. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer.

20. Sufficient surety guaranteeing t he public improvements for a period of one year shall be provided.

21. If there are substant ial changes in the size, alignment, grades, etc. during construction, then original "as-built" plans on the standard size sheets will be certified by the Project Civil Engineer and returned to the City Engineering Services Department office.

Building Division

1. The proposed development requi res the approval of building permit(s) and it shall be subject to comply with the currently adopted California Building Code and disability accessibility as approved by the Building Division at the time of building permit issuance.

2. The applicant shall list all colo r and materials on the construction drawings when submitted to the City’s Building Division.

3. An automatic fire sprinkler system will be required for each building that is 5,000 square feet or more in size.

4. Approval of this project is not an authorization to commence construction. Building construc tion, alterations, repairs, sign erection or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits.

5. All construction shall meet the requirements of the current adopted California Building Code, and disability accessibility as approved by the Building Division.

6. The applicant shall obtain approval of a City of Ceres building permit for the project and shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Un ified School District fees. These ITEM 11
fees are adjusted annual ly. The applicant shall pay the fees in place at the time the building permit is issued.

7. The applicant shall provide on- site restroom facilities during construction.

8. Handicapped parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side. Handicapped accessibility to the proposed building shall be required. Handicapped accessibility to the proposed buildin g shall be required per State Law and to the approval of the Building official.

9. The project will be subject to approval from the San Joaquin Air Pollution Control District.

Fire Department

The project shall conform to any requirements imposed by the Fire Department, including, but not limited to:

1. All construction shall conform to the requirements of the Ceres Building Division and Ceres Ordinance 84-625, as amended pertaining to the Uniform Fire Code and Ordinance 80-546, as amended, pertaining to Automatic Sprinklers.

2. An automatic fire sprinkler system is required for each building that is 5,000 square feet or more in size . Each sprinkler system must be approved by the Fire Marshal.

3. A Hood and Duct Suppression S ystem is required for restaurant uses.

4. A Knox type key emergency access box is required for each building.

Location to be specified by the Ceres Emergency Services.

5. All emergency vehicle access points and proposed utilities shall ensure cross-easements and sha ll be located per the proposed development plans unless modified by these conditions.

6. All emergency vehicle access areas shall be constructed of an all weather material approved by the Ceres Emergency Services.

7. An approved fire alarm system is required for each building and each system shall be 24-hour monito red by an approved and UL listed monitoring station.

ITEM 11

8. Fire hydrant(s) are required. All fire hydrant(s) shall be spaced 300 feet apart in which both on and off site location to be approved by Ceres Fire Department. Fire hydrants shall also be within 50 feet of the Fire Department C onnection on the same side roadway for the Automatic Fire Sprinkler System . They shall be connected to a minimum main size of 8 inches for a dead-end hydrant and 6 inches for a looped system.

9. Each hydrant shall be Rich 96 0 or equal and be within 50 feet of each Fire Department Connection (FDC). Fire Department Connections (FDC’s) shall be located per Ceres Fire Department specifications.

10. Fire main layout shall be reviewed and approved by the Ceres Emergency Services. All water systems shall be looped when supplying more than one hydrant.

11. The applicant shall provide and install security lighting for the project.

12. A minimum of 24-hour notice is required for all inspections.

13. All vertical obstructions shall be higher than 13 feet 6 inches.

14. The applicant shall mark fire lanes within the project in the locations as approved by the Fire Marshall.

Police Department

1. The project will be required to confor m to the provisions of the Public Peace, Safety and Morals section of the Ceres Municipal Code.

I:\PLANNING\DEPT\PLANNING\PC\Resolutions\2020\Reso 20-06 (SPSP 19-21, Ceres Gateway Center).doc ITEM 11
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Reso 2021-77; 7/26/21
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COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: January 23, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., City Engineer
[email protected], (209) 538-5775
SUBJECT:

Resolution No. 202 3-14, Authorizing the Use of American Rescue Plan Act F unds and Neighborhood Park Fees for the D esign and Construction of Ochoa Park Improvements, Approve the
Conceptual Design, and Approve O’Dell Engineering to Perform the Phase II Design Work and Construction Support.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the use of American Rescue Plan Acts funds and Neighborhood Park Fees for the design and construction of Ochoa Park Improvements, approve the conceptual design, and approve O’Dell Engineering to perform the Phase II design work and construction support.

I. BACKG ROUND:

The preliminary improvements constructed at Ochoa Park were completed in March of 2020. Due to funding constraints the City did not move forward at that time with the full range of improvements that were in the park design. The 2020 improvements included grading and site work, installation of some landscaping materials, a play structure, a volleyball area, concrete benches, concrete pavement, and an area for cornhole play.

The improvements left uncompleted at Ochoa Park per the 2020 construction effort included additional site work, utilities, pavement, sidewalks, picnic tables, basketball courts , shade structures and additional landscaping such as trees and shrubs. To facilitate public input for completing the remaining park design features, Council adopted Resolution No. 2023-116 which directed the City to conduct two public workshops at the park , create a survey to solicit public input, and to select an On- Call Consultant to design and oversee the construction of the final Phase II Ochoa Park improvements . Public outreach flyers were developed in three languages and 1,250 door hangers ( containing the workshop and survey input invitations) were placed on ITEM 12
the doors of residences within walking distance of the park prior to the scheduled workshop events.

At the same time , notice of the public workshops and links to the survey were provided on the City’s website and on the City’s Recreation Department’s Facebook page. Results of all interviews with the public during the workshops, and responses to the surveys were collected and analyzed for design feature applicability to Phase II of Ochoa Park (a residential neighborhood park ) and incorporated into the conceptual design for Phase II Ochoa Park Improvements.

O’Dell Engineering has proposed a design fee for Phase II Ochoa Park Improvements of $88,100.00 which includes the provision of plans and specifications, cost opinion, SWPPP, attendance to project meetings, pre-construction services, and construction staking.

Phase II design features include:

1. Picnic Tables (EA 4)

2. Benches (EA 4)

3. Trash/Recycling Receptacles (EA 6)

4. Doggie-Pot Waste Station (EA 2)

5. Basketball Standard Half-Court (EA 2)

6. 16'x16' Shade Structure with Barbeque Grills (EA 2)

7. Drinking Fountain (EA 1)

8. Pickleball Courts (2)

9. 8' Black Vinyl High Fencing w/ Gate (LF 240)

10. Concrete Surfacing (SF)

11. Nets with Posts (EA 2)

The total project cost including design and construction is estimated not to exceed $2,310,100.00.

See the attached O’Dell Engineering Design Proposal for a rough order of magnitude (ROM) project estimate. Anticipated completion of Phase II Ochoa Park Improvements is Spring of 2024.

II. RE
ASONS FOR RECOMMENDATION:

Staff recommends the City Council authorize the use of American Rescue Plan Acts funds and Neighborhood Park Fees for the design and construction of Ochoa Park Improvements , select Option B Conceptual Design, and a pprove O’Dell Engineering to perform the Phase II design work.

Total project costs ( including design and construction) is estimated at $ 2,310,100.00 (which includes a 10% construction contingency). A pproval of the design and construction services will significantly improve the recreation and use of Ochoa Park by residents of the Eastgate Subdivision.

III. F ISCAL IMPACTS:

With the availability of both installments of the ARPA funds and use of Neighborhood Park Fees, $2,310,000.00 funding is available to design and construct the appropriate design feature improvements to the park that are most desired by the public.

ITEM 12
To fund the design and construction of this project, staff is proposing the following funding sources:
• $ 1,050,000.00 of first installment of ARPA Funds which includes $400,000 allocated to Ochoa Park, and $650,000 allocated to Lions Park.
• $1, 088,100.00 of second installment of ARPA Funds
• $172,000 of Neighborhood Park Fees
IV. E XISTING POLICY / RELATIONSHIP TO STRATEGIC P LAN:

The recommended action supports the strategic plan by making improvements to the park and contributes to the creation of a livable community and supports efforts related to economic development through public outreach.

V. P
OLICY ALTERNATIVES:

Council can choose not to approve the use of ARPA funding and direct staff to downsize design features to meet a reduced budget.

VI. I
NTERDEPARTMENTAL COORDINATION:

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

VII. P UBLIC PARTICIPATION:

To solicit public input to develop additional park features , Staff conducted two public workshops at the park, created and administered an online survey and developed the conceptual design and park features based upon public input.

VIII. EN VIRONMENTAL REVIEW:

This project is exempt from the environmental review process.

IX. ST EPS FOLLOWING APPROVAL:

If the recommended action is approved staff will move forward with the design and construction of the Phase II Ochoa Park improvements. After the design is completed, staff will solicit bids for construction according to public contract law . Start date for construction will be weather dependent. Estimated completion is Spring 2024.

Approved by: ________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Conceptual Design
ITEM 12

3. Preliminary Cost Construction

4. Budget Amendment

5. O’Dell Engineering Design Proposal

6. Task Agreement

ITEM 12
RESOLUTION NO. 2023-14

AUTHORIZING THE USE OF AMERICAN RESCUE PLAN ACT FUNDS

AND NEIGHBORHOOD PARK FEES FOR THE DESIGN AND

CONSTRUCTION OF OCHOA PARK IMPROVEMENTS, APPROVE THE
CONCEPTUAL DESIGN, AND APPROVE O’DELL ENGINEERING TO

PERFORM THE PHAS E II DESIGN WORK AND CONSTRUCTION
SUPPORT.

THE CITY COUNCIL
City of Ceres
WHEREAS t he preliminary improvements constructed at Ochoa Park were completed in March of 2020 and included only grading and site work, installation of some landscaping materials, a play structure, a volleyball ar ea, concrete benches, concrete pavement, a nd a cornhole play area for playing cornhole; and WHEREAS, Resolution No. 2022- 116 directed the City to contract with O’Dell Engineering to conduct two public workshops at the park, create a survey , develop a c onceptual design for Phase II Ochoa Park Improvement to City Council; and WHEREAS, City Council approves the Phase II Ochoa Park Conceptual Design; and
WHEREAS, City council approves the On-Call Consultant, O’Dell Engineering, to provide the final des ign and construction s upport for Phase II Ochoa P ark Improvements for the sum of $88,100.00; and
WHEREAS, the total project cost estimate for the design and construction of Phase II Ochoa Park Improvements is approxim ately $2,310,000.00; and WHEREAS, with the availability of both installments of ARPA funds and Neighborhood Park Fees there is funding available to c onstruct additional improvements at the park; and
WHEREAS, the funding plan comprises: (a) $1,050,000.00 of first installment ARPA Fund (including $650,000.00 that was allocated to Lions Park), (b) $1,088,100.00 of second installment ARPA Funds, and (b) $172,000.00 of Neighborhood Park Fees.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the use of American Rescue Plan Acts funds and Neighborhood Park Fees for the design and construction of Ochoa Park Improvements, approves the conceptual design, and approves O’Dell Engineering to perform the Phase II design work and construction support.

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

ITEM 12
P ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of January, by the following vote:

AYES:

N
OES:

ABSENT:

ABSTAIN:

Councilmembers:

Councilmembers:
___
__________________________
Javier Lopez, Mayor
ATTEST:
___
__________________________
Fallon Martin, City Clerk
ITEM 12
6 9

CITY OF CERES
PHASE 2 - MASTER PLAN CONCEPT

FIDDLELEAF LANE

EASTGATE BOULEVARD

COMMUNITY OUTREACH DESIGN RESULTS

GUILLERMO OCHOA PARK
PHASE 2
PHASE 1
PHASE 2
PHASE 2

KIWI DRIVE
PHASE 2
3 1
2 LEGEND

OPEN FIELD

GAME AREA SURFACING

PARK ENTRANCE

3 3
9 5
5 6
6 7
7 2
10 8
4 10
11 3
4 11
9 ITEM 12
ITEM 12

GUILLERMO OCHOA PARK CERES, CALIFORNIA
PHASE TWO - PRELIMINARY 1/13/2023
ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. Mobilization and General Conditions
1 General Conditions LS 1 $20,000.00 $20,000.00
2 Erosion Control LS 1 $25,000.00 $25,000.00
3 Construction Fencing LF 2,339 $3.00 $7,017.00
---------------------
SUB-TOTAL $52,017.00
B. Site Preparation and Grading
1 Site Grading (Rough) SF 20,629 $0.36 $7,426.44
2 Site Grading (Fine) SF 243,098 $0.50 $121,549.00
---------------------
SUB-TOTAL $128,975.44
C. Site Utilities
1 Electrical System LS 1 $200,000.00 $200,000.00
2 Storm Drainage Inlets (24" square) EA 9 $1,200.00 $10,800.00 3 Storm Drainage Inlets (12" square) EA 2 $800.00 $1,600.00 4 Stormwater Lines LF 1,343 $45.00 $60,435.00
5 3/4" Water Line to Drinking Fountain LF 370 $15.00 $5,550.00 ---------------------
SUB-TOTAL $278,385.00
D. Pavement and Surfacing
1 Concrete Flatwork SF 13,151 $20.00 $263,020.00
2 Concrete Subdivision Sidewalk SF 1,102 $20.00 $22,040.00 3 Concrete Mowband LF 874 $32.00 $27,968.00
4 Stabilized Decomposed Granite SF 5,782 $7.00 $40,474.00 5 Metal Edging LF 1,201 $12.00 $14,412.00
6 Basketball Concrete Surfacing SF 9,725 $13.00 $126,425.00 7 Engineered Wood Fiber CY 63 $90.00 $5,670.00
8 Basketball Court Striping LF 722 $5.00 $3,610.00
9 Pickleball Court Striping LF 396 $5.00 $1,980.00
---------------------
SUB-TOTAL $505,599.00
E. Site Features
1 Picnic Tables EA 4 $3,500.00 $14,000.00
2 Benches EA 4 $3,200.00 $12,800.00
3 BBQ EA 2 $4,800.00 $9,600.00
4 Trash/Recycling Receptacles EA 6 $1,500.00 $9,000.00
5 Doggie-Pot Waste Station EA 2 $1,000.00 $2,000.00
6 Basketball Standard (Hoop, Backboard, & Post) EA 2 $3,000.00 $6,000.00 7 16'x16' Shade Structure EA 2 $40,000.00 $80,000.00
8 Drinking Fountain LS 1 $8,500.00 $8,500.00
9 Pickleball Courts (2)
8' Black Vinyl High Fencing w/ Gate LF 240 $200.00 $48,000.00 Concrete Surfacing SF 3,600 $13.00 $46,800.00
Nets with Posts EA 2 $3,000.00 $6,000.00
---------------------
SUB-TOTAL $242,700.00
F. Planting
1 Soil Conditioning & Amendments SF 22,604 $0.50 $11,302.00 2 Shrub & Groundcover Planting SF 22,604 $3.50 $79,114.00 3 15 Gallon Trees EA 69 $250.00 $17,250.00
4 24" Box Trees EA 5 $400.00 $2,000.00
5 Root Barriers LF 120 $12.00 $1,440.00
6 Top Dressing - Decorative Mulch 3" Min Depth SF 22,604 $0.60 $13,562.40 7 Drill Seed or Hydroseed Turf Grass SF 179,454 $0.20 $35,890.80 8 180 Day Maintenance Establishment Period SF 196,904 $0.25 $49,226.00 ---------------------
SUB-TOTAL $209,785.20

PRELIMINARY CONSTRUCTION COST ESTIMATE
EST-2023-01-13-ROM Costs-23034 1
ITEM 12
G. Irrigation
1 Irrigation System - RWS EA 73 $100.00 $7,300.00
2 Irrigation System - Drip/ Bubbler SF 22,604 $2.50 $56,510.00 3 Irrigation System - Turf Rotors SF 179,454 $1.50 $269,181.00 4 Irrigation Controller EA 1 $12,000.00 $12,000.00
5 Irrigation Flow Sensor & Master Valve EA 1 $3,000.00 $3,000.00 6 Irrigation Backflow EA 1 $5,000.00 $5,000.00
7 Irrigation Booster Pump EA 1 $30,000.00 $30,000.00
---------------------
SUB-TOTAL $382,991.00
$1,800,452.64
10% Contingency $180,045.26
5% Mobilization & Demobilization $90,022.63

2.5% Bonding $45,011.32
10% Soft Costs $180,045.26
ROM Estimate Total $2,295,577.12
NOTES:

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

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

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

3. CONSTRUCTION SUBTOTAL
This estimate does not take inflation into consideration.

EST-2023-01-13-ROM Costs-23034 2
ITEM 12

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2023-14, dated January 23,2023, authorizing appropriations for Mid-Year Budget Adjustments as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
ARPA (Second
Installment)
219 95 800500 $1,088,100.00
Neighborhood Park Fees 253 95 800500 $172,00.00
ARPA (1st Installment)
PW 2221
219 95 80500 $650,000.00
ARPA (1st Installment)
PW 2225
219 95 80500 <$650,000.00>

Requested Appropriation $1,260,100.00
2022 - 2023 Current Appropriation $ 1,050,000.00
Total Appropriation $ 2,310,100.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2020 - 2021 Current Estimated Revenue
Total Estimated Revenue

Fiscal Impact:

ITEM 12
ITEM 12

LANDSCAPE ARCHITECTURE PROPOSAL

J:\Marketing\M Projects\M3458 Ochoa (Eastgate) Park Landscape Ceres\_Preliminary Proposals\PROP-2022-11-18-Ochoa Park Ph2 Improvements-M3458.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 1 Date: November 18, 2022

To: Kevin Waugh
City of Ceres

From: Jesse Grafton, P.L.A. #6127

Re: Ochoa Park Ph2 Improvements / M3458

Project Description

O’Dell Engineering is pleased to offer design services, SWPPP, construction administration support, construction staking, and QSP monitoring for Phase 2 improvements on Guillermo Ochoa Park, formerly know as Eastgate Neighborhood Park, located on Eastgate Blvd in Ceres, California. O’Dell Engineering worked with City staff on the park master plan, in addition to improvement plans and construction support for the Phase 1A and 1B buildout of this park. Most recently O’Dell provided crucial support in preparing and running two public outreach efforts leading to three design options for City Council to review and approve one moving forward.

We understand Phase 2 will primarily focus on the addition of landscape and irrigation improvements to the park, approximately 5.6 acres, that were not installed in Phase 1. A new dedicated irrigation well is to be installed on a similar timeline, by others as part of the Phase 2 improvements. Please refer to the following scope for a description of the work to be performed by O’Dell.

Scope of Work

Task 1: Improvement Plans (50% & Final Submittal)
• Based upon the prepared ROM cost opinions for Options A, B and C previously prepared by O’Dell Engineering in coordination with the City, and included below per Exhibit C, the O’Dell design team will prepare complete civil, landscape and electrical improvement plans, specs and cost opinion for review and comment. The main improvements proposed to be included in Phase 2 will be based upon the option the City Council approves.

• All plans will be consistent with the most recent additions of CBC, CalGreen, the State of California Water Efficiency Ordinances, and all City requirements. Plans will include the following:
o Cover sheet
 Project data
o Notes sheet
o Demolition plans (based off topographic survey base file and existing conditions provided by O’Dell from previous Phase 1 project)
o Erosion control plans
o Grading plans
o Utility plans
o Horizontal control plans
o Utility & drainage details
ITEM 12
J:\Marketing\M Projects\M3458 Ochoa (Eastgate) Park Landscape Ceres\_Preliminary Proposals\PROP-2022-11-18-Ochoa Park Ph2 Improvements-M3458.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 2 o Irrigation plans
 Irrigation layout to conform to city and state MWELO requirements.  Irrigation water use calculations (MAWA/ EWU)
 Irrigation schedule (pre and post establishment)
o Planting plans
 Planting plans
o Planting plan to conform to MWELO requirements.
 Planting legend
o Landscape construction details:
 Standard irrigation details
 Standard planting details
o Electrical site plan
o Electrical photometrics
o Electrical details
o Electrical calculations
• Cost opinion (at each submittal phase)
• Technical specifications
o TOC spec outline (50% Submittal)
o Full Specifications (100% Submittal)
o Bid item list
o Bid descriptions
• Respond to Client Feedback.
• Project coordination with Client.

DELIVERABLES:
• Electronic copies in PDF & ACAD format
• Hard copies in 24x36 format (as requested)
• Hard copies in 11x17 format (as requested)

Task Cost: $47,520

Task 2: Stormwater Pollution Prevention Plan (SWPPP)
• Prepare permit registration documents including Risk Assessment, Site specific SWPPP approved by QSD, Site Maps, and Notice of Intent (NOI) for Legally Responsible Person (LRP) review o (Fees provided by Client)

DELIVERABLES:
• Electronic copies in PDF format
• One (1) Hard copy of SWPPP binder for Client’s use

Task Cost: $2,700

Task 3: Meetings
• Attend kick-off meeting with city and design team.
• Attend one progress meeting for each improvement plan submittal phase. o Assumes one meeting per submittal = two (2) total.

Task Cost: Approximated at $1,900

ITEM 12
J:\Marketing\M Projects\M3458 Ochoa (Eastgate) Park Landscape Ceres\_Preliminary Proposals\PROP-2022-11-18-Ochoa Park Ph2 Improvements-M3458.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 3 Task 4: Construction Administration
• 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. • Complete As-built record drawings at the end of construction based upon contractor markups. • Attend punch walk and prepare and provide punch list. • Site observation (3 visits Max).

DELIVERABLES:
• Electronic copies in PDF format

Task Cost: $13,255

Task 4: QSP
• QSP Oversight
o Review Client photos and inspection reports. Notification within 48 hours of 50% probability of rain, NOAA rain report saved for qualifying rain events. Correspondence with Client onsite personnel assigned to SWPPP tasks.

DELIVERABLES:
• Reports emailed to responsible parties

Cost: $275 per month of construction

• Weekly, Pre, During, or Post Storm Visual Monitoring Oversight (as needed) o Site visits to review client installed BMPs (1st site visit will include training for client personnel) or provide visual observations of all drainage areas for spills, leaks, or uncontrolled pollutant sources within 48 hours of predicted rain event.

DELIVERABLES:
• Reports emailed to responsible parties

Cost: $225 per site visit

• (Level 2 or 3 Only) Qualifying Rain Event Monitoring Oversight (runoff due to 1/2” of rain or more)
o Provide visual observations; obtain grab samples of rain water discharge, and lab testing for PH & Turbidity.

DELIVERABLES:
• Reports emailed to responsible parties

Cost: $325 per site visit

• QSD Site Visit (after September 1
st, 2023)
o Site visit by QSD to review client installed BMPs and evaluate how construction activities will affect sediment transport, erosion, and other discharges of pollutants in stormwater runoff in SWPPP design and implementation.

ITEM 12
J:\Marketing\M Projects\M3458 Ochoa (Eastgate) Park Landscape Ceres\_Preliminary Proposals\PROP-2022-11-18-Ochoa Park Ph2 Improvements-M3458.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 4 o Visit performed twice annually, once August through October, and once January through March. Also, within 14 calendar days after numeric action level exceedance, or within the time period requested in writing from Water Board staff.

DELIVERABLES:
• Reports emailed to responsible parties

Cost: $525 per site visit

• SMARTS Management
o Annual Report for reporting year (July 1st – June 30th) o Change of Information (C.O.I.)
o Notice of Termination (N.O.T.)

DELIVERABLES:
• Reports prepared on SMARTS for LRP certification

Cost: $500 per report

Task Cost: Estimation for 6-month construction 26 weeks, 2 qualifying rain days, & 2 SMARTS Management tasks): $9,675

Task 4: Construction Staking
• Rough grade
o Stake high points, low points, and grade breaks.
• Utilities
o Storm Drain - offsets at 50’ intervals, point of connection, inlets, and changes in direction.

Grades to invert and rim.
o Domestic – provide offsets at 100’ intervals including water fountain. • Structure layout
o Provide offsets to center of post for new shade structures • Finish grade
o Provide stakes to edge of concrete at 33’ intervals including changes in direction with grades to finish surface. For flatwork not controlled by existing features.

DELIVERABLES:
• One set of construction stakes

Task Cost: $12,500 (Limited to five (5) mobilizations)

ITEM 12
J:\Marketing\M Projects\M3458 Ochoa (Eastgate) Park Landscape Ceres\_Preliminary Proposals\PROP-2022-11-18-Ochoa Park Ph2 Improvements-M3458.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 5 TOTAL FEES: $87,550

Task 6: Reimbursables
• Mileage
• Reimbursement for the following:
o Printing three (3) hard copy sets of final submittal package.

Task Cost: $550

TOTAL FEES WITH REIMBURSABLES: $88,100

Client to Provide:
• All agency fees
• Title and geotechnical reports (if needed)
• Soil laboratory fees (if necessary)
• USA requests (if appropriate)
• Client Program
• City to provide bid documents. O’Dell will provide technical supporting documents.

Limitations/ Assumptions:
• Scope and cost estimates are based upon Client direction. • Does not include joint trench improvement plans.
• Does not include traffic control plans.
• Does not include geotechnical investigation or engineering. • 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.
• Does not include well design. We understand the well design will be provided by others. • Does not include storm water quality control plan or maintenance agreement. • Does not include post construction storm water calculations. • Contract depends on using O’Dell Engineering standard agreement. • Includes one (1) set of construction stakes.
• Does not include any adjustments to City Standard Details. • Costs subject to adjustment after May 1, 2023.

Note:
• Land surveyors, civil engineers, electrical engineers, and landscape architects are licensed by the State of California.

ITEM 12
J:\Marketing\M Projects\M3458 Ochoa (Eastgate) Park Landscape Ceres\_Preliminary Proposals\PROP-2022-11-18-Ochoa Park Ph2 Improvements-M3458.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 6 EXHIBIT A – ESTIMATED LIMITS OF WORK

ITEM 12
J:\Marketing\M Projects\M3458 Ochoa (Eastgate) Park Landscape Ceres\_Preliminary Proposals\PROP-2022-11-18-Ochoa Park Ph2 Improvements-M3458.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 7 EXHIBIT B – O’DELL ENGINEERING FEE SCHEDULE

Classification: Regular Hourly Rate:

Principal $280
Senior Civil Engineer $215
Senior Engineer 2 $200
Senior Engineer 1 $185
Engineer 2 $180
Engineer 1 $170
Assistant Engineer 2 $145
Assistant Engineer 1 $130
Senior Landscape Architect 2 $200
Senior Landscape Architect 1 $180
Landscape Architect 2 $170
Landscape Architect 1 $160
Landscape Designer 3 $155
Landscape Designer 2 $145
Landscape Designer 1 $135
Planner $175
Assistant Planner $140
Dry Utility Project Manager 2 $170
Dry Utility Project Manager 1 $150
Utility Engineer $135
CADD Operator 2 $115
CADD Operator 1 $95
Survey Manager $205
Senior Land Surveyor $195
Senior Surveyor 2 $190
Senior Surveyor 1 $170
Surveyor 2 $150
Surveyor 1 $140
Assistant Surveyor 2 $130
Assistant Surveyor 1 $140
Survey Crew 2-man/1-man $320/$180
Survey Crew 2-man/1-man (Prevailing Wage) $396/$225
Administrative $96

Outside Services & Reproduction: Actual cost plus 10%
Cost of services and expenses charged to O’Dell Engineering by outside consultants, commercial printers, and professional or technical firms engaged in connection with the project.

Travel: Actual cost plus 10%
Mileage, per diem, and subsistence are not normally charged to the client unless specific prior authorization is negotiated between client and consultant.

ITEM 12
ITEM 12

O’Dell (2022-23)

PROJECT AGREEMENT No. 6

Ochoa Park Phase-2 Improvements Design

This PROJECT AGREEMENT is made this ____ day of January 2023, by and between the City of Ceres, a municipal corporation, hereinafter called “CITY” and O’Dell Engineering hereinafter called “CONSULTANT”.

1. SCOPE OF SERVICES. CONSULTANT shall provide all professional engineering services necessary and required to complete the work described in the Proposal, which contains Scope of Services, attached hereto as Exhibit “A”.

2. PRICE. The services shall be provided for a time & material fee not to exceed $88,100.00.

3. SCHEDULE. The services shall be endeavored in a timely manner and shall be substantially complete by June 28, 2023.

4. This PROJECT AGREEMENT includes all the terms and conditions contained in that certain Master Agreement for Professional Consultant Engineering Services, executed by the parties and approved by the Ceres City Council on June 10, 2019, executed by both parties on June 27, 2019, and amended June 14, 2021

5. SPECIAL PROVISIONS. The terms and conditions attached hereto as “SPECIAL PROVISIONS”, if any, are included as part of this PROJECT AGREEMENT.

ITEM 12
IN WITNESS WHEREOF, the parties have executed this Agre ement on the dates indicated below.

Dated: ______________________, 2023

CITY OF CERES, a municipal corporation

By_______________________________
Signature

Kevin Waugh, City Engineer
Name and Title

CONSULTANT

By_______________________________
Signature

Chad Kennedy, Principal
Name and Title

APPROVED AS TO FORM

__________________________________

CITY ATTORNEY

CONSULTANT’s Federal ID #

ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
M
EETING DATE: January 23, 2023
T
O:

FROM:

CO
NTACT:

SUBJECT:

Mayor and City Council
Alex Terrazas, City Manager
Sam Royal, Director of Public Works
[email protected], (209) 538-5717
Resolution No. 2023-15, Approving the Regional Surface Water Supply Project Operations Agreement between SRWA, City of Turlock, and City of Ceres
RECOMMENDED COUNCIL ACTION:

A
pproving Regional Surface Water Supply Project Operations Agreement dated January 1, 2023 between the City of Turlock, City of Ceres, and Stanislaus Regional Water Authority to operate the Regional Treatment Facility.

I. BACKGROUND:

T
he Stanislaus Regional Water Authority (SRWA) is a Joint Powers Authority (JPA), which includes the California Cities of Ceres and Turlock (Cities). The City of Ceres relies on groundwater as the only source for drinking water supply. Reliance on groundwa ter as a single source of supply is not sustainable and has become less reliable due to both the decline in water quality and the increasing number of regulated contaminants. For this reason, the SRWA has been building a surface water treatment plant to diversify the water portfolio and create a sustainable water supply for current and future growth in both Cities.

I
n partnership with Turlock Irrigation District (TID), SRWA has identified the Tuolumne River as a surface water supply that can be used in conjunction with groundwater to provide a long-term, reliable drinking water supply for both Cities. The project to divert, treat and deliver drinking water to the Cities is known as the Regional Surface Water Supply Project (Project). This Project provides a diversified regional water supply, allows for drought water management, improves water quality, and helps to replenish groundwater supplies. The Project is currently in the construction phase and is scheduled to be delivering water to the Cities in August of 2023.

ITEM 13
In 2011 the Cities of Ceres, Modesto, and Turlock formed a Joint Powers Authority (JPA) with the intent to purchase water from the Turlock Irrigation District to treat the water with a state-of-the-art surface water treatment plant and deliver safe and affordable drinking water at cost to the Cities. As a separate entity from the Cities , the Stanislaus Regional Water Authority was formed under Government Code 6507. The JPA was amended in 2015 with Ceres and Turlock to advance the project without the City of Modesto.

The project goals are to improve the quality and quantity of water supply, provide operational flexibility, diversify water resource availability, provide in- lieu aquifer recharge to support the groundwater sustainability, and environmental benefits to Tuolumne River aquatic species.

Construction of the Project began in 2018. In 2021, SRWA began efforts to establish the employment structure to eventually hire staff that would work for SRWA. At SRWA’s September 2022 Board meeting, SRWA General Manager Robert Granberg presented a previously approved staffing plan for immediate recruitment and hiring of certified water treatment operators and maintenance staff . At this meeting , the City of Turlock provided an alternative staffing plan at an estimated cost saving of roughly $1,000,000.00 annually.

The Board expressed interest in the City of Turlock ’s proposal subject to the preparation and approval of an operations agreement (the “Agreement”). Government Code section 54981 and the JPA authorize SRWA to contract with the City of Turlock for the performance by Turlock of municipal services and functions, including utility services. This proposal demonstrated potential substantial financial reduction by reducing the SRWA proposal from 18 full-time positions to 15 full-time positions.

The following positions were also included in the City of Turlock’s proposal to be provided by existing City of Turlock staff:

• General Manager (City of Turlock Municipal Services Director) 5% • Accountant (City of Turlock Finance Director) 5%
• Human Resources Analyst (City of Turlock Human Resources Department) 5%

Turlock’s cost for these services was estimated at 5% of both full labor cost (salaries, fringe benefits, unfunded accrued liability, etc.) to be charged to SRWA. In addition, a 15% factor would be allocated to cover all other administrative duties.

To date, as far as the City of Ceres has been informed, there have been interviews for the Plant Manager, Plant Supervisor, Senior Water Treatment Plant Operator, Treatment III Operators, Plant Mechanic Supervisor, and Plant Senior Mechanic. To date, t wo of the fifteen full-time positions have been filled internally from the City of Turlock , including a Staff Services Assistant and a Mechanical Supervisor.

The Agreement describes the scope of services to provide operations and maintenance staffing to ensure 24-hour per day, 7-day per week surface water treatment in accordance with federal and State drinking water standards and to deliver finished water to the member Cities in accordance with each City’s dedicated capacity. In addition to operations and maintenance service, the Agreement defines the budgeting, payments, audits, and other requirements. The Agreement also would establish a Policy Committee and Technical Committee to aid coordination and collaboration among the parties and provide a mechanism to resolve any disagreements or disputes.

ITEM 13

The City of Turlock’s proposal included General Manager services provided by the Turlock Municipal Services Director. Ceres staff recommended that a more equitable approach would be to assign General Manager duties to a Ceres staff member. At the December 15, 2022 meeting, the SRWA Board of Directors (“Board”) approved the Agreement with changes to limit the staffing services. The Board directed that a subcommittee be formed to formulate a recommendation for the General Manager position, to be considered by the Board at a later time and approved through a separate agreement.

The fiscal impacts may be significant if the plant positions cannot be filled in a timely fashion. If positions cannot be filled, the City of Turlock may choose to hire a consulting firm to temporarily fill positions. Alternatively, the plant could remain closed until all positions are filled and staff is trained. The first alternative may increase the monthly operating costs for both cities. The second alternative strands Ceres’ investment and prolongs the continued use of groundwater supply. Each City has the option to cancel the service agreement with one (1) years’ notice.

II. RE
ASONS FOR RECOMMENDATION:

The execution of this agreement is estimated to save $850,246.00 annually. This figure is lower than the original estimated savings of $1,000,000.00 due to calculation refinements performed by the City of Turlock in the September 2022 board meeting. These cost savings could assist the City of Ceres water rates.

III. F
ISCAL IMPACTS :

The total cost for SRWA Drinking Water Plant totals $184.9 million with $61.6 million being Ceres’ contribution. On September 12, 2017, a rate study was completed for the City of Ceres. The rate increase was necessary in order to fund the construction of t he SRWA, the Surface Water Supply Tank (River Bluff Tank), and the construction activities to prepare for the new supply. Ceres Annual Debt Service is $2.5 million for 30 years. Annual Operations and Maintenance is expected to be $1.7 million but this number is not final.

Grant funding efforts were successful totaling $35 million as well as a State Revolving Fund Loan (SRF) which is projected to save $100 million over the life of the loan.

City of Ceres Annual Operations and Maintenance is estimated to be $1.7 million but this number is not final. It is estimated that it will cost the City of Ceres $141,667.00 a month in operations and maintenance not including the debt service payments. It should be noted this is an enterprise project funded by the City of Ceres rate payers and has not impacted the General Fund.

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

ITEM 13
V. POLICY ALTERNATIVES:

Council could choose not to execute this agreement, but this is not recommended due to the projected savings and the need to hire staff at the new facility.

VI. I NTERDEPARTMENTAL COORDINATION:

N/A

VII. P
UBLIC PARTICIPATION:

N/A

VIII. EN
VIRONMENTAL REVIEW :

N/A

IX. ST
EPS FOLLOWING APPROVAL :

N/A

Approved by: ____________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution No. 2023-15

2. SRWA Approved Operations Agreement
ITEM 13
RESOLUTION NO. 2023-15

APPROVING THE REGIONAL SURFACE WATER SUPPLY PROJECT

OPERATIONS AGREEMENT BETWEEN SRWA, CITY OF TURLOCK,

AND CITY OF CERES

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres currently relies solely on groundwater for the drinking water supply; and

WHEREAS, reliance on groundwater as a single source supply is not sustainable due to both the decline in water quality and the increasing number of regulated contaminants; and

WHEREAS, the Tuolumne River had been identified as a surface water supply that can be used in conjunction with groundwater to provide long-term, reliable drinking water for Turlock and Ceres; and

WHEREAS, the Regional Surface Water Supply Project with SRWA will divert, treat, and deliver drinking water to both cities; diversifying the water supply allowing for drought water management, improve water quality, and help replenish groundwater supply; and

WHEREAS, the execution of this Agreement is estimated to save both Cities of Ceres and Turlock $850,246.00 annually in operations and maintenance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the Regional Surface Water Supply Project Operations Agreement between SRWA, City of Turlock, and City of Ceres.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23
rd day of January 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 13
ITEM 13
{00285922.5} -1- FINAL 12/15/22

STANISLAUS REGIONAL WATER AUTHORITY

REGIONAL SURFACE WATER SUPPLY PROJECT

OPERATIONS AGREEMENT

THIS AGREEMENT is made this January 1, 2023 by and between the Stanislaus Regional Water Authority, a joint powers authority (“SRWA”), City of Turlock, a general law city (“Turlock”), and City of Ceres, a general law city (“Ceres”), who agree as follows:

1. Definitions. For purposes of this Agreement, these words and phrases shall have the following meanings:

1.1. “Acceptance Date” means the acceptance date of the CH2M HILL-constructed Project Facilities as determined pursuant to the Design-Build Contract.

1.2. “Agreement” means this Stanislaus Regional Water Authority Regional Surface Water Supply Project Operations Agreement.

1.3. “Applicable Law” means any federal, state, or local statute, law, code, regulation, court decision, order, or standard that applies to the Operation of the Project Facilities or any other task, transaction, or matter contemplated by this Agreement, and including all registration, licensing, and certification requirements imposed by any government agency with jurisdiction.

1.4. “Approvals” mean the permits, licenses, entitlements, and approvals that are required under Applicable Law to Operate the Project Facilities, including, but not limited to, permits, licenses, entitlements, and approvals required to comply with the federal and state safe drinking water and other water quality laws and regulations.

1.5. “Board” means the Governing Board of the SRWA.

1.6. “Capital Costs” mean the costs of construction (including procurement of materials, parts and equipment, construction, construction management and related field services, design assistance during construction, as-built drawings, start-up, and testing), planning, designing, land and rights-of-way acquisition, environmental documentation and permitting (including any mitigation costs or filing fees related to permitting), and the funding of a reasonable capital reserve relating to the repair, replacement, modification, and improvement of the Project Facilities.

1.7. “Ceres” means the City of Ceres.

1.8. “Cities” mean the City of Ceres and City of Turlock. “City” means one of the Cities.

1.9. “CH2M HILL” means CH2M HILL Engineers, Inc.

1.10. “Dedicated Capacity” means the capacity of the Project Facilities dedicated to each City. The City of Ceres share is 33.3% and the City of Turlock share is 66.7%. The Cities may adjust the Dedicated Capacity shares in accordance with Joint Powers Agreement article 23.

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1.11. “Design-Build Contract” means the Design-Build Contract for the Regional Surface Water Supply Project dated July 6, 2020 between SRWA and CH2M HILL, as amended.

1.12. “Fixed Operating Costs” mean the Project-related Operating costs that are incurred irrespective of the amount of water conveyed through the Project Facilities, including, but not limited to, employee salaries, benefits, and expenses, subcontractor, consultant, and service provider costs, debt service costs on any loans, bonds, or other indebtedness issued to finance Capital Costs, financing costs, overhead, and insurance.

1.13. “Force Majeure” means an act, event, or condition that (a) is beyond the reasonable control of the Party claiming Force Majeure, (b) materially interferes with or delays performing an obligation of the Party under this Agreement, and (c) the Party, by the exercise of due diligence, is unable to prevent or overcome. Subject to the foregoing, Force Majeure includes a labor dispute such as a strike or lockout (except a labor dispute involving employees of a Party), failure or refusal of any person or entity (other than a Party) to comply with an agreement to obtain or ship material or equipment, industrial disturbance, act of a public enemy, war, blockade, insurrection, riot, epidemic, civil disturbance, explosion, sabotage, threat of physical harm or damage resulting in the evacuation or shutdown of a Party’s facilities, landslide, lightning, earthquake, volcanic eruption, fire, flood, washout, other natural disaster (except weather conditions normal for the area), and restraint by court order or government agency (other than a Party) having jurisdiction over the Party. Force Majeure does not include any act, event, or condition that is the result of the Party’s willful or negligent act, error or omission, failure to exercise reasonable diligence, or breach of this Agreement.

1.14. “General Manager” means the SRWA General Manager as appointed by the Board.

1.15. “Governing Documents” mean the following agreements, permits, and other documents:

A. Joint Powers Agreement (as defined below);
B. Water Sales Agreement dated July 28, 2015 between SRWA and TID, as amended; C. TID/SRWA Lease Concerning District Delivery Facilities for Regional Surface Water Supply Project dated April 16, 2020 between SRWA and TID; D. Design-Build Contract (as defined above);
E. Regional Surface Water Supply Phase 3 Project Design and Construction Funding Agreement dated February 28, 2020 among SRWA, Cities, and TID; F. SRF Loan Agreement (as defined below);
G. SRF Related Funding Agreement (as defined below);
H. Proposition 1, Round 1 Integrated Regional Water Management (IRWM) Implementation Grant, Agreement No. 4600013859, dated May 24, 2021; ITEM 13
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I. CEQA Surface Water Supply Project Mitigation Monitoring and Reporting Plan dated August 2018;
J. Approvals governing or regulating Operations of the Project Facilities, including:

Domestic water supply permit for the Project Facilities to be issued by the State Water Resources Control Board Division of Drinking Water for Water System 5010043; County of Stanislaus/SRWA Pipeline Maintenance Agreement; County of Stanislaus Septic Permit; San Joaquin Valley Air Pollution Control District Permit to Operate; and, NPDES Permits for Low Threat Discharges to Surface Water.

K. Applicable written manufacturers’ specifications, instructions, and safety requirements for Project Facilities related equipment, machinery, facilities, instrumentation, or controls;
L. SRWA Bylaws;
M. SRWA procurement and purchasing policy;
N. SRWA expense reimbursement policy; and
O. Annual SRWA budget as approved by the Board;
as the same may be amended or modified from time to time during the term of this Agreement.

1.16. “Joint Powers Agreement” means the Amended Drinking Water Supply Project Joint Exercise of Powers Agreement Between the Cities of Ceres and Turlock for the Purpose of Creating a Joint Powers Authority Responsible for Decisions in Certain Matters Pertaining to the Municipal and Industrial Water Supply Programs for the Aforementioned Public Entities dated December 15, 2015, as amended.

1.17. “Operate” means operate, maintain, manage, monitor, upgrade, repair, replace, modify, and improve and “Operation” means operation, maintenance, management of, monitoring of, upgrade, repair, replacement, modification, and improvement.

1.18. “Operating Costs” means Fixed Operating Costs and Variable Operating Costs.

1.19. “Parties” mean SRWA, City of Ceres, and City of Turlock. “Party” means one of the Parties.

1.20. “Plant Manager” is defined at section 4.2(A).

1.21. “Points of Delivery” mean the points of interconnection between the Project Facilities and the City water supply systems at which treated water enters the respective City terminal tanks as shown in Design-Build Contract Appendix 5.

1.22. “Policy Committee” means the Policy Committee established by section 12.

1.23. “Project” means the SRWA Regional Surface Water Supply Project as described in the Joint Powers Agreement and Design-Build Contract.

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1.24. “Project Facilities” mean and consist of (a) the water treatment plant, raw water pump station, raw water transmission main, finished water transmission mains, and all appurtenant and related structures, buildings, tanks, basins, piping, pumps, meters, machinery, electrical instrumentation and controls, monitoring and communications equipment, heating, ventilation and air conditioning equipment, chemical and other storage and feed systems, and other equipment and facilities constructed by CH2M HILL and accepted by SRWA pursuant to the terms of the Design-Build Contract, (b) the river intake infiltration gallery constructed by TID in 2002-03, and (c) the wet well and associated improvements constructed by SRWA in 2018-20 pursuant to its Raw Water Pump Station, Phase 1 Project.

1.25. “Project Sites” mean the real property parcels and easements on which the Project Facilities are located.

1.26. “Records” is defined at section 4.7(A).

1.27. “Services” mean the services, operations, and tasks to be provided and performed by Turlock as described in section 4.

1.28. “SRF Loan Agreement” means the Stanislaus Regional Water Authority and California State Water Resources Control Board Construction Installment Sale Agreement dated September 23, 2021.

1.29. “SRF Related Funding Agreement” means the SRWA Regional Surface Water Supply Project SRF-Related Funding Agreement dated February 1, 2021 among SRWA and the Cities.

1.30. “SRWA” means Stanislaus Regional Water Authority.

1.31. “Technical Committee” means the Technical Committee established by section 12.

1.32. “TID” means Turlock Irrigation District.

1.33. “Turlock” means City of Turlock.

1.34. “Utilities” is defined at section 4.4.

1.35. “Variable Operating Costs” mean the Project-related Operating costs that are dependent on, and vary based on, the volume of water actually conveyed through the Project Facilities, including, but not necessarily limited to, the costs of water supplied under the TID Water Sales Agreement, electricity, and chemicals.

2. Recitals. This Agreement is made with reference to the following background recitals:

2.1. The Cities formed SRWA pursuant to the Joint Powers Agreement. SRWA was established to design, construct, own, and operate the Project. In 2015, TID agreed to provide raw water for the Project pursuant to the terms of the Water Sales Agreement dated July 28, 2015, as amended.

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2.2. In 2002-03, TID constructed a river intake infiltration gallery. In 2018-20, SRWA and its contractor constructed the wet well and other Raw Water Pump Station, Phase 1 Project improvements part of the Project Facilities, which connect to the existing river intake infiltration gallery.

2.3. In 2020, SRWA and CH2M HILL approved the Design-Build Contract. Since then, CH2M HILL has been designing, constructing, and installing the Project Facilities (excluding the pre-existing Project Facilities referred to in section 2.2) in accordance with the Design-Build Contract. Under the current construction schedule, CH2M HILL expects to substantially complete construction and start acceptance testing and start-up in or about April 2023. After completion of these tasks and approval by SRWA, SRWA will accept the completed work from CH2M HILL. Commencing on the Acceptance Date, SRWA and its operations staff must begin the operation and management of the Project Facilities. Under the current construction schedule, CH2M HILL expects to achieve the Acceptance Date in or about August 2023.

2.4. In September 2022, Turlock submitted a proposal to SRWA to provide staffing to Operate the Project Facilities. At a meeting on September 22, 2022, the Board preliminarily approved the Turlock proposal subject to the preparation and approval of this Agreement.

Government Code section 54981 and the Joint Powers Agreement authorize SRWA to contract with Turlock for the performance by Turlock of municipal services and functions, including utility services.

2.5. The Parties acknowledge that the Services to be performed by Turlock and its staff under this Agreement will directly and significantly further the Cities’ objective of providing a safe and reliable water supply to its residents and, consequently, the work to be performed by Turlock staff will further and be consistent with the staff’s primary responsibilities as Turlock employees.

3. Term and Termination. This Agreement shall take effect on the date set forth at the top of the Agreement and shall remain in effect until terminated as provided in this section.

This Agreement may be terminated as follows: (a) by the mutual written consent of the Parties, which shall specify the termination date; (b) by a Party for any reason upon providing at least one-year prior written notice of termination to the other Parties; (c) by mutual written consent by Ceres and Turlock which shall specify the termination date and upon which Ceres shall have a right of first refusal to Operate the Project Facilities and provide the Services pursuant to a Ceres operations agreement to be approved by the Parties; or, (d) by Turlock for any reason upon providing at least one-year prior written notice of termination to the other Parties and upon which Ceres shall have a right of first refusal to Operate the Project Facilities and provide the Services pursuant to a Ceres operations agreement to be approved by the Parties. Any action to terminate the Agreement requires approval by the Party’s governing board. In the event of termination, SRWA will compensate Turlock for Services performed and costs incurred up to the effective date of termination in accordance with section 7. All tangible personal property paid for or reimbursed by SRWA under section 7 shall become the sole property of SRWA upon termination of this Agreement.

4. Scope of Services. Turlock shall perform the following Services for and on behalf of SRWA, subject to Board direction and oversight:

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4.1. Services Generally. Commencing on the Acceptance Date, Turlock shall Operate the Project Facilities on a 24-hour per day, 7-day per week basis and treat raw water and deliver treated water to the Cities in accordance with the Governing Documents and Applicable Law. Turlock shall be responsible for delivering treated water to the Points of Delivery. Turlock shall Operate the Project Facilities and use its best efforts to ensure that (a) Ceres’ share of the Dedicated Capacity is, at all times, fully available for use by Ceres within its service area, and (b) Turlock’s share of the Dedicated Capacity is, at all times, fully available for use by Turlock within its service area. Turlock shall provide all labor, services, equipment, tools, material, and supplies required or necessary to properly, competently, and completely perform the Services. Turlock shall determine the method, details, and means of performing the Services (subject to this Agreement), and the Technical Committee may provide comment and input concerning the method, details, and means of performing the Services.

4.2. Pre-Acceptance Date Duties
A. Turlock shall proceed expeditiously to recruit and employ qualified personnel who meet the state licensing and certification requirements and are qualified to staff and Operate the Project Facilities. The initial staffing shall be consistent with the Turlock Water Treatment Plant Staffing Plan, which is attached as Exhibit A. Turlock from time to time may modify the staffing plan in Exhibit A with the approval of the Board, which approval shall not be unreasonably withheld; however, the staffing plan must comply with the staffing and certification requirements in applicable Approvals, including the State Water Resources Control Board Division of Drinking Water permit. The staffing will include a full-time manager of the Project Facilities (the “Plant Manager”) whose sole responsibility shall be managing Turlock’s performance of the Services. The Plant Manager shall be licensed (as required by applicable Approvals, including the State Water Resources Control Board Division of Drinking Water permit), trained, experienced, and proficient in the management and operation of water treatment systems comparable to the Project Facilities.

B. Design-Build Contract section 5.4(A) requires SRWA to “employ or retain water treatment plant operators who are properly licensed by DDW to operate the Plant during the Acceptance Test and pending Acceptance.” It further provides that “(d)uring the time from and after first delivering Finished Water to the City Water Supply Systems and until the Acceptance Date, [CH2M HILL] shall operate the Regional Water Facilities and the other related Project facilities in coordination with and utilizing the SRWA water treatment plant operators.” Turlock shall timely employ sufficient and licensed water treatment plant operators so as to satisfy and allow effective implementation of section 5.4(A).

C. Design-Build Contract section 5.9 and Appendix 7 require CH2M HILL to provide training for the SRWA Operations staff during the Project Facilities start-up period.

Turlock and its personnel shall fully and timely participate in the training to be provided under section 5.9 and Appendix 7.

D. Turlock shall structure and implement its hiring plan in such a manner that Operations staff are in place in time for Operations during the Acceptance Test under section 5.4 and training under section 5.9 and that prior to the Acceptance Date there is employed a full, trained, and qualified staff to assume full responsibility for the Operation ITEM 13
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of the Project Facilities starting on the Acceptance Date. The Plant Manager shall be fully certified on or before the date of the commencement of start-up and initial testing of the Project Facilities. Other employee certifications may be obtained over time pursuant to a timetable approved by the Board to the extent allowed under Applicable Law and the Approvals.

4.3. Operations, Maintenance, and Repair Responsibilities A. Operation Manual. Turlock shall develop, prepare, implement, and comply with a comprehensive and site-specific operation and maintenance manual containing detailed standard operating and maintenance procedures and other specific instructions, policies, directives, routines, schedules, and other matters relating to the Operation of the Project Facilities. The manual shall incorporate the CH2M HILL-supplied computerized maintenance management system as appropriate under good industry standards for the type and scope Project Facilities. The manual shall be consistent with Applicable Law and good industry methods, techniques, standards, and practices. Turlock shall perform the Services substantially in compliance with the operation and maintenance manual. Turlock shall keep the operation and maintenance manual current in accordance with changing Applicable Law and good industry methods, techniques, standards, and practices.

B. Maintenance. Turlock shall perform all normal and ordinary maintenance of the equipment, structures, machinery, improvements, and all other property constituting the Project Facilities, keep the Project Facilities in good and neat working order, condition, and repair, and conduct predictive, preventive, and corrective maintenance of the Project Facilities in accordance with and as may be required by the Governing Documents, Applicable Law, operation and maintenance manual, and good industry methods, techniques, standards, and practices. Turlock shall provide, obtain, or make provisions for all labor, materials, supplies, equipment, spare parts, consumables (e.g., fuel, oil, lubricants, chemicals, sand, gravel, office supplies), and services that are necessary or appropriate for the normal and ordinary Operation of the Project Facilities.

C. Major Maintenance and Repairs. In addition to its obligation to perform ordinary maintenance, Turlock shall perform all major maintenance, repairs, and replacement of the machinery, equipment, structures, improvements, and all other property constituting the Project Facilities. Except in emergency situations, Turlock shall notify the Technical Committee about any planned major maintenance, repair, or replacement work at least 30 days prior to commencing the work and, if the work involves a bidding solicitation, the notification shall include a copy of the bid documents. Turlock shall notify the Technical Committee about the total final cost of any major maintenance, repair, or replacement work and the source of funding within 30 days after completion of the work.

D. Project Sites. Turlock shall keep the grounds of the Project Sites (including roads within the water treatment plant and raw water pump station sites) in a neat, orderly, and safe condition, including the cleanup of litter and debris on a regular basis and landscape and irrigation system maintenance (including the replacement of dead or dying plants).

Turlock shall maintain and repair all signage, fencing, and other security systems at the Project Sites.

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E. Security. Turlock shall be responsible for the security and protection of the Project Facilities, and appropriate cybersecurity to protect Project Facilities’ computers, networks, communications, other critical systems, and sensitive information from digital attacks. Turlock shall guard against all damage or injury to the Project Facilities and Project Sites caused by trespass, negligence, vandalism, or malicious mischief of third parties, and shall Operate all surveillance and other security equipment and assets of the Project Facilities.

F. Vehicles. Turlock shall procure (consistent with section 4.5) any vehicles necessary to Operate the Project Facilities. When practicable, Turlock shall provide and arrange for shared use of Turlock vehicles on both Project Facilities Operation and work with other Turlock utilities and departments. Turlock shall own or lease, insure, and be responsible to operate, maintain, and repair such vehicles.

The objective under this section is to assure that the Project Facilities are fully, properly, and regularly maintained, repaired, and replaced in such a manner as to preserve their long-term reliability, durability, and efficiency and provide a reliable and efficient treated water supply to the Cities.

4.4. Utilities. Upon completion of Project construction, the water treatment plant and raw water pump station sites will be served with electricity, internet, and telephone services and an on-site wastewater collection and disposal system (collectively the “Utilities”). SRWA is or will be the customer on the Utilities accounts. Turlock shall Operate the customer-side of the Utilities and represent SRWA as customer with the Utilities service providers.

4.5. Procurement. Turlock, acting on behalf of SRWA, may procure (including, without limitation, purchase or lease) vehicles, equipment, supplies, and material, approve construction, repair, and maintenance agreements, approve consultant, service provider, and other agreements, arrange and pay for Utilities, and make other purchases and incur other expenditures as necessary or appropriate to Operate the Project Facilities and perform the Services. Any such procurement, approval, or expenditure shall comply with the procedure and limitations set forth in the SRWA procurement and purchasing policy, as the same may be amended from time to time by the Board. The General Manager and Plant Manager and their designees are designated as purchasing agents under the policy. Turlock also shall review, approve, and pay all SRWA invoices, bills, and other demands for payment submitted to SRWA, in accordance with the SRWA procurement and purchasing policy.

4.6. Compliance With Applicable Law and Approvals. Turlock shall perform the Services in accordance with Applicable Law and shall cause all consultants, service providers, or subcontractors to comply with Applicable Law. Turlock shall timely make all filings, applications, and reports necessary to obtain and maintain all Approvals required to be made, obtained, maintained, renewed, or extended under Applicable Law in order to Operate the Project Facilities. Turlock shall comply with and implement the terms and conditions of all required Approvals. Turlock shall prepare all periodic reports, make all information submittals, and provide all notices to all government agencies with jurisdiction as required by the Governing Documents, Applicable Law, and Approvals.

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4.7. Project Records
A. General. Turlock shall establish and maintain good and thorough computerized (and, where appropriate or needed, paper) records management systems for safely keeping, storing, and retrieving correspondence, emails, data, records, files, financial information, reports, spreadsheets, plans, specifications, drawings, maps, photographs, computer data file, and other documents (collectively “Records”) relating to the Operation of the Project Facilities and Services, for and on behalf of SRWA. These systems will be maintained in such a manner as to isolate SRWA Records from Turlock Records and, for financial information, by Turlock creating a separate fund for SRWA Operations. Turlock shall promptly make SRWA Records available to SRWA and Ceres upon request for review and copying. Turlock shall keep and maintain the Records consistent and in accordance with the City of Turlock records retention policy (or, if SRWA adopts one, the SRWA records retention policy).

B. Financial Records. As part of the SRWA Records, Turlock will prepare and maintain proper, accurate, complete, and current financial books, records, and accounts in accordance with generally accepted accounting principles as applied to local government agencies for all aspects of Project Facilities Operation and Services. Turlock shall Operate the Project Facilities on a July 1 to June 30 fiscal year basis. The financial books and records shall record all expenses and revenue, including direct and indirect personnel expenses, consultant, service provider, and subcontractor costs, costs of material, equipment, and supplies, maintenance, repair and replacement costs, debt service, other Operating expenses, revenue received from the Cities, and any other revenue. The system of auditing, bookkeeping, and accounting of SRWA funds, receipts, deposits, and expenditures shall accurately depict SRWA’s financial condition. The financial books and records shall be kept in accordance with Government Code section 6505, State Controller’s Office regulations, other Applicable Law, and the Governing Documents. Turlock shall keep and maintain the SRWA monies and funds separate and apart from Turlock’s funds and shall not commingle SRWA money with Turlock money.

C. Annual Audit. The financial books and records shall be in form and substance sufficient to support all financial reporting, including a year-end independent audit of the financial information and preparation of audited year-end financial statements by SRWA’s independent public accountant. Turlock shall assist and support SRWA and its outside auditor in connection with the auditor’s preparation of audited financial statements, including responding to inquiries and requests for information and responding to and addressing any recommendations or findings included in a final audit.

D. Allocation of Costs. For the purpose of apportioning the costs of service to the Cities in accordance with the Joint Powers Agreement, Turlock shall allocate all costs and expenses among the categories of Capital Costs, Fixed Operating Costs, and Variable Operating Costs. Cost allocation information shall be estimated annually at the beginning of the fiscal year and in budget preparation and shall be reconciled and finalized as part of the post-fiscal year reconciliation under section 4.8(D).

E. Public Records Act. Turlock acknowledges that SRWA is a local government agency subject to the California Public Records Act and that Project Facilities-related Records (whether SRWA Records of Turlock Records) maintained by Turlock may constitute ITEM 13
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public records subject to inspection and copying by the public under the Act. Therefore, in the event of a public records request by a member of the public, Turlock shall manage and respond to the request in accordance with the Act.

F. Audit. Turlock shall make such books and records available to the State Auditor, SRWA, and Ceres for inspection, audit, and copying upon reasonable notice during regular business hours to the extent necessary to allow the State Auditor, SRWA, or Ceres to determine to its reasonable satisfaction the accuracy, completeness, currency, and propriety of the books and records, including any charges or request for payment under this Agreement. In accordance with Government Code section 8546.7, the Parties acknowledge that this Agreement, and performance and payments under it, are subject to examination and audit by the California State Auditor for three years following final payment under the Agreement.

G. Records Transfer at Termination. In the event of termination of the Agreement, Turlock forthwith shall do the following: (1) Deliver to SRWA or its designee all SRWA Records relating to the Operations, administration, and finances of the Project Facilities, including all SRWA Records stored or maintained on computer hard drives or a storage service; (2) For all SRWA Records stored on computer hard drives or a storage service, move or copy the computer SRWA Records to portable storage (hard drives, flash drives, DVDs, BDs, SD Cards, etc.) in Microsoft Word (.doc, .docx), Excel (.xls, .xlsx), Comma Separated Values (.csv), Portable Document Format (.pdf), or another format generally acknowledged as being an industry-standard format for information exchange between computers, and deliver the portable storage to SRWA or its designee; and (3) Cooperate in good faith and work with SRWA and any designee in transferring the SRWA Records and in otherwise implementing the transition and transfer of the Project Facilities Operations, administration, and finances to SRWA or its designee.

4.8. Budgets and Quarterly Payment Requests
A. Cost Allocation Principles. Operating costs shall be allocated to the Cities based on the following cost allocation principles:
(1) Annual SRF Loan Agreement loan payments shall be determined and allocated in accordance with the SRF Related Funding Agreement; (2) Other Capital Costs shall be allocated in accordance with each City’s share of the Dedicated Capacity;
(3) Fixed Operating Costs shall be allocated in accordance with each City’s share of the Dedicated Capacity; and,
(4) Variable Operating Costs shall be allocated based on each City’s share of the volume of water actually conveyed through the Project Facilities during the fiscal year.

B. Annual Budget. Turlock shall prepare a proposed annual budget for the Project Facilities Operation and present it to the Board and Ceres at least 45 days prior to the beginning of each fiscal year. Each budget shall include Capital Costs, Fixed Operating Costs, Variable Operating Costs, payment due under the SRF Loan Agreement (together ITEM 13
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with each City’s share of that payment as determined under the SRF Funding Agreement), funding of a reasonable capital reserve fund relating to the repair, replacement, modification, and improvement of the Project Facilities, a reasonable contingency, and revenue to be billed to and collected from the Cities (based on the cost allocation principles in subsection A). Turlock shall prepare the budget and Operate the Project Facilities in compliance with the Joint Powers Agreement, which includes this principle: “In preparing and reviewing budgets for the Project the Authority shall be guided by the principle that the Project shall be operated in as economic manner as practical in accordance with generally accepted municipal and industrial water practices as evidenced by similar size municipal and industrial water systems in Northern California.” If approved by the Board, Turlock shall Operate the Project Facilities for the fiscal year in accordance with the approved budget, including any additional appropriation as approved by the Board.

C. Quarterly Payment Requests. Prior to the beginning of each quarter, Turlock shall prepare and provide to the Cities a forecast of funds needed for the upcoming quarter together with a request for payment. The quarterly payment requests shall be based upon the approved budget and the cost allocation principles in subsection A. Within thirty (30) days after receipt of a quarterly payment request, each City shall pay and deposit its quarterly payment request amount with Turlock to fund the Services. Turlock shall collect and deposit payments from the Cities.

D. Annual Reconciliation. At the end of each fiscal year, Turlock shall undertake a year-end reconciliation by determining the actual Operating Costs, City payments, and City volume of water pumped through the Project Facilities for the prior fiscal year and comparing those actual amounts against the budget forecast. The reconciliation shall determine the amount to which the actual Operating Costs and City payment shares exceeded or were less than the quarterly payment requests and payments made by the Cities under subsection C for the year and the difference shall be credited or debited, as appropriate, into the calculation of the projected costs and quarterly payment requests for the subsequent fiscal year’s budget.

E. In preparing and managing the SRWA budgets, quarterly payment requests, and financial records, Turlock shall implement and comply with the conditions and requirements of the SRF Loan Agreement and SRF Funding Agreement, including keeping and maintaining required funds.

4.9. Periodic Reports. Turlock shall provide the Board and Ceres with a monthly operations and financial report at each regular Board meeting. Turlock shall prepare and provide to the Board and Ceres an annual report that describes for the preceding year the (a) water deliveries, (b) significant maintenance, repair, rehabilitation, and replacement work, (c) major maintenance, repair, or replacement work planned for the upcoming year, (d) number and type of complaints, (e) significant instances or events of noncompliance with the Agreement, Applicable Law, or Approval, and (f) any other major performance issues or problems. The periodic reports shall be in a form and content to be determined by Turlock staff, the Board, and Ceres.

4.10. Safety. Turlock shall develop and implement an employee health and safety program, including a site-specific written health and safety plan and injury and illness ITEM 13
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prevention plan designed to implement the requirements of Applicable Law and protect workers and visitors on the Project Sites.

4.11. Sampling, Testing, and Laboratory Work. Turlock shall be responsible for all sampling, laboratory testing and analyses, and quality assurance/quality control procedures and programs required by the Governing Documents and Applicable Law.

4.12. Emergency Action. If at any time Turlock determines in good faith that an emergency exists such that action must be taken to protect the safety of the public or its employees, to protect the safety or integrity of the Project Facilities, or to mitigate the immediate consequences of an emergency, then Turlock shall take all such action it deems in good faith to be reasonable and appropriate under the circumstances. As promptly thereafter as is reasonable, Turlock shall notify the Board Chair and Ceres about the emergency and related actions and expenditures. Turlock shall notify the full Board about the emergency and related actions and expenditures at the next Board meeting. If appropriate in Turlock’s judgment and in coordination with the Board Chair, Turlock shall arrange for a special or emergency meeting of the Board. For an “emergency” as defined at Public Contract Code section 1102 involving the need for public works contracting, Turlock shall follow and comply with the emergency contracting procedures at Public Contract Code sections 22050- 22050. The SRWA procurement and purchasing policy delegates to the General Manager and Plant Manager the authority to order emergency contracting action pursuant to Public Contract Code section 22050(a)(1).

4.13. Investigations of Non-Compliance with Applicable Law or Approval. In connection with any actual or alleged Project Facilities or Services related event of non-compliance with Applicable Law or an Approval, Turlock shall (in addition to any other duties required by Applicable Law and Approvals): (a) immediately correct any failure and resume compliance with Applicable Law and Approvals; (b) fully and promptly respond to all inquiries, investigations, inspections, and examinations undertaken by any government agency with jurisdiction; (c) attend all meetings and hearings required by any government agency with jurisdiction; (d) provide and implement all corrective action plans, reports, submittals, and documentation required by any government agency with jurisdiction; (e) pay any resulting fines, assessments, levies, impositions, penalties or other charges; (f) comply with any corrective action plan filed with or mandated by any government agency with jurisdiction; and (g) notify the Board and Ceres about the event, any consequences, and any corrective actions.

4.14. Non-Compliance with Agreement. If there is any material event of non-compliance with this Agreement, Turlock promptly shall notify the Board and Ceres about the event and resume full compliance with the Agreement.

4.15. Release Notification. Turlock shall be responsible for fulfilling all notification and reporting requirements established by Applicable Law related to any unauthorized release, discharge, leak, or spill of Project Facilities byproducts, residuals, or chemicals, raw water, or treated water into the environment from or in connection with its Operation of the Project Facilities. Turlock shall be responsible for any remediation or cleanup associated with any such unauthorized release, discharge, leak, or spill as may be required by Applicable Law.

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4.16. Warranty Enforcement. CH2M HILL has provided warranties and guarantees under the Design-Build Contract. There also are various manufacturers’ warranties on new equipment purchased and installed in the Project Facilities. Turlock shall monitor Project Facilities performance and, where appropriate, enforce the existing warranties and guarantees and act as the agent of SRWA in performing that work.

4.17. Relations with Cities. At no cost to the Cities, the Cities shall cooperate with and assist each other in performing their obligations under this Agreement, including providing all information, data, and reports reasonably requested by a City.

4.18. Complaints and Communications. Turlock shall respond in a timely and effective manner to all complaints and communications received by Turlock or SRWA regarding the treatment and distribution of water, odor and air emissions, noise, light emissions, or any other matter related to the Services or Project Facilities. Turlock shall investigate such complaints and communications, report back to the complainant about the outcome of any investigation, and, if it has a valid basis, promptly rectify the matter. Turlock shall establish, maintain, and make publicly known a telephone number, email address, and website to which customer or citizen complaints and communications may be directed.

4.19. Finance Director Services. Turlock (through its Finance Director) shall provide SRWA Finance Director services in accordance with the Joint Powers Agreement and Bylaws.

4.20. Office Space. Turlock may utilize the office space at the Project Facilities for use by its personnel. If SRWA appoints a General Manager who is someone other than a Turlock employee, an office at the Project Facilities shall be reserved for the General Manager.

5. SRWA Rights

5.1. Budget. The Board may adopt an annual budget for the Operation of the Project Facilities.

5.2. Policies. The Board may amend its Bylaws, procurement and purchasing policy, and expense reimbursement policy. The Board may adopt and amend other SRWA policies that could apply to or affect the Project Facilities or Services. Turlock shall comply with any such new or amended Bylaws or policy.

5.3. Records Review. SRWA or Ceres at any time during regular business hours may inspect the SRWA-related Records (whether SRWA Records or Turlock Records) that are kept and maintained by Turlock under this Agreement, including computerized Records.

SRWA or Ceres also may obtain a copy of any Record.

5.4. Audit. SRWA or Ceres, at its cost, may perform or commission an inspection or independent audit of the financial information required to be kept by Turlock under this Agreement. In any financial audit, SRWA may inspect all Records and related source documents to verify all expenses, charges, payments, and reimbursable costs under this Agreement.

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5.5. Access to Project Facilities. SRWA and Ceres shall have the right at any time, on a 24-hour per day, 365-day per year basis, to visit and inspect the Project Facilities and Project Sites and observe Turlock’s performance of the Services. Turlock shall permit and facilitate access to the Project Facilities for such purposes by SRWA officials and personnel and by agents and contractors designated by SRWA.

5.6. General Manager. The Board may appoint a SRWA General Manager pursuant to the Joint Powers Agreement and Bylaws.

5.7. Staffing Plan. The Board may review and approve any modification to Turlock’s Project Facilities staffing plan.

6. Document Ownership. Every SRWA Record or thing prepared, developed, created, or retained by Turlock in connection with the Services provided to SRWA under this Agreement shall be the property of SRWA and subject to its records retention, management, and other applicable policies and regulations. Until SRWA adopts a SRWA- specific records retention policy, SRWA shall be governed by, and Turlock shall comply with and implement, the Turlock records retention policy.

7. Compensation. In consideration of the provision of Services by Turlock, SRWA agrees to pay and reimburse Turlock for its actual, direct, and reasonable costs and expenses incurred in connection with the Services, as provided in this section.

7.1. For labor costs, SRWA shall pay the actual salary or wages and costs of employee benefits for the Turlock employees who work full-time in performing Services under this Agreement. The initial employee positions and estimated costs for Fiscal Year 2022-23 are shown on Exhibit A. The Parties understand that the estimated costs shown in Exhibit A will change over time.

7.2. For Finance Director services, SRWA shall pay a sum equal to 5% of the actual salary of the Turlock Finance Director.

7.3. For overhead, SRWA shall pay a sum equal to 15% of the total sum to be paid under sections 7.1 – 7.2. Overhead includes and covers all Turlock costs and expenses relating to workers’ compensation and other insurance, human relations/personnel, payroll, Turlock legal services, use of Turlock buildings and structures, interest, taxes, and administering this Agreement.

7.4. For any business-related travel or other business-related expense incurred by Turlock that is directly related to the Services, SRWA shall reimburse Turlock’s actual, direct, necessary, commercially reasonable, and substantiated costs (without markup) in accordance with the SRWA expense reimbursement policy, as the same may be amended from time to time by the Board.

7.5. For vehicle use, SRWA shall pay to Turlock commercially reasonable rental rates at such a price and on such terms as approved by the Technical Committee in consultation with Turlock. For vehicle maintenance and repair, SRWA shall reimburse Turlock’s actual and substantiated maintenance and repair costs (without markup) pursuant to section 7.6.

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7.6. For other costs and expenses incurred by Turlock in performing the Services (i.e., costs not covered by sections 7.1 – 7.5), SRWA shall reimburse Turlock’s actual, direct, necessary, commercially reasonable, and substantiated costs (without markup) for any costs and expenses incurred exclusively in the Operation of the Project Facilities. All such costs and expenses must be consistent with and within the Board-approved budget (except for emergency actions under section 4.12).

By the 15th of the following month, Turlock shall prepare and submit to SRWA an invoice showing the calculation of the sums due under sections 7.1 – 7.6 for the previous month and total fee due for the that month in a form and content satisfactory to SRWA and including an itemization of the reimbursable expenditures. Upon receipt of an invoice, SRWA (through its General Manager) shall evaluate it and confirm whether it is consistent with sections 7.1 – 7.6 and, upon such confirmation, SRWA will pay the invoice to Turlock within thirty (30) days of its receipt.

8. Turlock Employer Responsibilities. Turlock staff performing Services under this Agreement shall be and remain at all times employees of Turlock and limited agents of SRWA only for Operating the Project Facilities and performing the Services provided for by this Agreement. Turlock shall comply with and implement all employment-related Applicable Law regarding its employees. Turlock will be solely responsible for paying all employee staff salaries, wages, benefits, pension, taxes, withholding, insurance, and any other required or discretionary compensation. Turlock employees performing the Services shall be subject to Turlock’s personnel policies, rules and regulations and, if applicable, collective bargaining agreement(s). Turlock shall be responsible for keeping and maintaining the employment, personnel, and payroll related records and files of its employees. SRWA’s sole liability to Turlock for the Services provided under this Agreement shall be payment of the compensation described in section 7.

9. Insurance and Bond

9.1. Turlock shall procure and maintain for the duration of this Agreement workers’ compensation insurance or self-insurance covering Turlock staff pursuant to the requirements of the California Labor Code. In accordance with Labor Code section 3602(d), the Parties intend that this obligation constitute a valid and enforceable agreement by which Turlock agrees to obtain, and shall obtain, workers’ compensation coverage for Turlock staff working for the SRWA pursuant to this Agreement. SRWA therefore shall not be subject to civil, criminal, or other penalties for failure to provide workers’ compensation coverage or tort liability in the event of an injury to or illness of Turlock staff suffered in the course of providing Services to SRWA under this Agreement. Turlock is responsible for reporting any reportable injuries and illnesses on its OSHA 300 log and for other employer workplace incident reporting obligations involving the Services or its personnel.

9.2. The Parties designate the Turlock Finance Director as the public office and officer who has charge of, handles, and has access to any SRWA funds as required by Government Code section 6505.1. Turlock shall file an official bond in an amount determined by the Parties.

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10. Indemnity and Liability

10.1. SRWA shall indemnify, defend, protect, and hold harmless the Cities and their officers, employees, and agents, from and against any and all liability, losses, claims, damages, expenses, and costs (including attorney, expert witness and consultant fees, and litigation costs) of every nature arising out of or in connection with SRWA’s negligence, willful misconduct, or performance under this Agreement or failure to perform under this Agreement, except as otherwise provided or limited by law.

10.2. Turlock shall indemnify, defend, protect, and hold harmless SRWA and Ceres and their officers, employees, and agents, from and against any and all liability, losses, claims, damages, expenses, and costs (including attorney, expert witness and consultant fees, and litigation costs) of every nature arising out of or in connection with Turlock’s negligence, willful misconduct, or performance under this Agreement or failure to perform under this Agreement, except as otherwise provided or limited by law.

10.3. Ceres shall indemnify, defend, protect, and hold harmless SRWA and Turlock and their officers, employees, and agents, from and against any and all liability, losses, claims, damages, expenses, and costs (including attorney, expert witness and consultant fees, and litigation costs) of every nature arising out of or in connection with Ceres’ negligence, willful misconduct, or performance under this Agreement or failure to perform under this Agreement, except as otherwise provided or limited by law.

10.4. These indemnity obligations shall survive and continue in full force and effect after termination of this Agreement for any reason with respect to any actions or omissions that occurred before the date of termination. The indemnity provisions of this section shall apply in lieu of the right of contribution provisions at Government Code sections 895 to 895.8.

10.5. SRWA shall not be responsible or liable for the control, handling, use, disposal, delivery, or distribution of water supplied to the Cities after such water has passed the Points of Delivery to the Cities, nor for claim of damage of any nature whatsoever, including but not limited to property damage, personal injury, or death, arising out of or connected with the control, handling, use, disposal, or distribution of such water beyond the Points of Delivery. Each City is responsible for the Operation of its water distribution and delivery system beyond the Point of Delivery and related costs.

11. Conflict of Interest. Turlock and its personnel shall comply with applicable conflict of interest laws, including the SRWA conflict of interest code and including (to the extent required by the code) the timely preparation and filing of Form 700 disclosure statements.

12. Committees

12.1. General. The Parties intend to work collaboratively and strive to reach consensus on significant issues and any disagreements or disputes concerning the Operation of Project Facilities, Services, and implementation and administration of this Agreement. The Parties therefore establish these committees to facilitate collaboration and consensus. The committees may meet in person, via videoconference, or via telephone. The committees shall work collaboratively and in good faith in an effort to resolve questions, problems, ITEM 13
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disagreements, disputes, and other matters brought to the committee. The Plant Manager shall reasonably support the committees and keep the committees informed about the status of the Services.

12.2. Policy Committee. There is established a two-person Policy Committee consisting of each City’s City Manager or the City Manager’s designee. A City’s representative on the Policy Committee shall serve at the pleasure of that City and a City (through action of the City Manager or City Council) may change its representative at any time. The Policy Committee shall meet on an as-needed basis or on such a meeting frequency as determined by the committee. The Policy Committee shall have the following duties and responsibilities: to aid and provide policy and business input and recommendations to Turlock and the General Manager; and, to consider and seek to resolve or provide recommendation concerning such questions, problems, disagreements, disputes, and other matters as may be referred to the committee by a Party, Technical Committee, or General Manager.

12.3. Technical Committee. There is established a four-person Technical Committee consisting of two staff persons to be appointed by each City. A City’s representatives on the Technical Committee shall serve at the pleasure of that City and a City may change a representative at any time. The Technical Committee shall meet at least quarterly. The Technical Committee shall have the following duties and responsibilities:

A. Evaluate and coordinate with Turlock on monthly, quarterly, or annual operational goals;
B. Evaluate and make recommendations concerning operational efficiencies to reduce Operating Costs;
C. Evaluate the treatment plant filter re-rating and the effect on plant capacity; D. Monitor treated water delivery amounts, water quality of delivered water, raw water quantity and quality, and plant performance;
E. Evaluate and advise Turlock about the Project Facilities maintenance and repair plan, major maintenance, repair, and replacement funding, and related budgetary and City water service rate setting issues;
F. Evaluate and advise Turlock on equipment service life, replacement, and asset management;
G. Assist Turlock on preparation of the annual budget;
H. Review and comment on any proposed changes to Turlock’s Project Facilities staffing plan;
I. Monitor the need for, timing of, and scope of future Project Facilities expansion or improvement;
J. Monitor cybersecurity risks and evaluate and make recommendations concerning related improvements or modifications;
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K. Evaluate and monitor Project effects in the event TID begins pumping raw water for its irrigation purposes and related implementation of and compliance with the 2015 TID/SRWA Water Sales Agreement and 2020 TID/SRWA Lease Concerning District Delivery Facilities for Regional Surface Water Supply Project; L. Coordinate with Turlock about whether or how to allow public tours of the Project Facilities;
M. Evaluate, mediate, and seek to resolve any dispute or disagreement between Turlock and the General Manager, which either Turlock or the General Manager may refer to the committee; and,
N. Consider and decide or otherwise act on such other matters, questions, duties, and responsibilities as may be referred to the Technical Committee by a Party or the General Manager.

If the Technical Committee is unable to resolve any matter, the Technical Committee, a Party, or the General Manager may refer the matter to the Policy Committee. The Technical Committee shall provide periodic reports and updates to the Board at a frequency directed by the Board.

13. General Provisions

13.1. Entire Agreement. The Parties intend this document to be the sole, final, complete, exclusive, and integrated expression and statement of the terms of their contract concerning the subject matter of this document. This Agreement supersedes all prior oral or written negotiations, representations, contracts, or other documents that may be related to the subject matter of this Agreement, except those other documents that are expressly referenced in this Agreement.

13.2. Construction and Interpretation. The Parties agree and acknowledge that this Agreement has been arrived at through negotiation, and that each Party has had a full and fair opportunity to revise the terms of this Agreement. Consequently, the normal rule of construction that any ambiguities are to be resolved against the drafting Party shall not apply in construing or interpreting this Agreement.

13.3. Waiver. The waiver at any time by any Party of its rights with respect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or matter.

13.4. Amendment. This Agreement may be modified or amended only by a subsequent written agreement approved and executed by all Parties. Amendment by the Parties requires approval by the respective governing board of each Party.

13.5. Assignment. This Agreement and all rights and obligations under it are personal to the Parties. The Agreement may not be transferred, assigned, or delegated, in whole or in part, whether by assignment, merger, operation of law, or otherwise, by a Party without the prior written consent of the other Parties. Any transfer, assignment, or delegation in ITEM 13
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violation of this provision is null and void. Such prior written consent requires approval by the respective governing board of each Party.

13.6. Force Majeure. A Party is excused from an obligation under this Agreement in the event that the Party is rendered unable, wholly or in part, by Force Majeure to carry out the obligation. A Party’s performance will be suspended only during the continuance of the Force Majeure condition and the Party will perform all other obligations not affected by the Force Majeure condition. Upon the occurrence of an event of Force Majeure, the Party claiming Force Majeure must give notice and full particulars of the Force Majeure in writing to the other Parties and, to the extent reasonably practical, use its best efforts to promptly implement a plan to ensure the continued ability to perform its obligations and promptly bring to an end the Force Majeure condition.

13.7. Third-Party Beneficiary. This Agreement does not create and shall not be construed to create any third-party beneficiaries and this Agreement is for the sole benefit of the Parties. No other person or entity has enforceable rights or remedies under the Agreement.

13.8. Remedies Not Exclusive. The remedies provided in this Agreement are cumulative and not exclusive and are in addition to any other remedies that may be provided by law or equity. A Party’s exercise of any remedy under this Agreement will not prejudice or affect the enforcement of any other remedy.

13.9. Further Assurances and Cooperation. In order to carry out and give full effect to this Agreement, each Party will use all reasonable efforts to provide such information, sign and deliver such further instruments and documents, and take such actions as may be reasonably requested by another Party, so long as not inconsistent with the provisions of this Agreement and not involving the assumption of obligations or liabilities different from, in excess of, or in addition to those expressly provided for in this Agreement. The Parties will reasonably cooperate with each other to carry out the purpose and intent of this Agreement, including assisting in obtaining Approvals from regulatory agencies required to perform the obligations under this Agreement.

13.10. Notices. Any notice, demand, invoice or other communication required or permitted to be given under this Agreement must be in writing and delivered either (a) in person, (b) by prepaid, certified U.S. mail, return receipt requested. (c) by a nationally- recognized commercial overnight courier service that guarantees next day delivery and provides a receipt, or (d) by email with confirmed receipt. Such notices, etc. shall be addressed as follows:

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SRWA:

Secretary
Stanislaus Regional Water Authority
c/o City of Turlock
156 S. Broadway, Suite 270
Turlock, CA 95380
[email protected]
City of Turlock:

City Manager
City of Turlock
156 S. Broadway
Turlock, CA 95380
[email protected]
City of Ceres:

City Manager
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
[email protected]

Notice given as above will be deemed given (a) when delivered in person, (b) the date of delivery shown on the U.S. mail return receipt, (c) on the date of delivery as shown on the overnight courier service receipt, or (d) upon the sender’s receipt of an email from the other Parties confirming the delivery of the notice, etc. Any Party may change its contact information by notifying the other Parties of the change in the manner provided above.

14. General Manager Decision. The Parties acknowledge that it is important to Turlock that SRWA promptly appoint a new General Manager. Furthermore, it is important to Turlock that the General Manager be a Turlock employee; however, Turlock acknowledges that the Board has discretion to appoint someone else. SRWA therefore shall appoint a subcommittee to work with the Cities to evaluate the General Manager options and make a recommendation to the Board within four months from the date of this Agreement. The Board shall appoint a new General Manager no later than June 30, 2023. If either City is

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dissatisfied with the General Manager decision, then it may terminate the Agreement upon one-year notice pursuant to section 3.

STANISLAUS REGIONAL WATER CITY OF TURLOCK

AUTHORITY
Dated: __________, 2022 Dated: __________, 2022
By: By:

Robert Granberg Reagan Wilson
General Manager City Manager
Attest: Attest:

Approved as to form and content: Approved as to form and content:

Richard P. Shanahan George A. Petrulakis
General Counsel City Attorney

CITY OF CERES
Dated: __________, 2022
By:

Alex Terrazas
City Manager
Attest:

Approved as to form and content:

Nubia I. Goldstein
City Attorney
December 19
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EXHIBIT A
Turlock Water Treatment Plant Staffing Plan

ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023-16, Authorizing the City Manager to Execute the Measure L Regional Control Project Cooperative Agreement with StanCOG for the Right of Way Support P hase of the SR 99 / Service Road/Mitchell Road Interchange Project and A pprove a Budget Amendment
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council adopt a Resolution authorizing the City Manager to execute the Measure L Regional Control Project Cooperative Agreement with StanCOG for the for the Right of Way Support phase of the SR 99/ Service Road/Mitchell Road Interchange project and approve a budget amendment and recognizing the funds from StanCOG as revenue from Measure L in the fiscal year 2022/23 budget.

I. BACKG
ROUND:

With the adoption of the previous General Plan in 1997, the City identified the need for modifications to the interchange at Mitchell Road and State Route 99. In 2002, a Project Study Report (PSR) was approved by Caltrans that identified the four primary alternatives to address the improvements to the area that includes the Service Road overcrossing, the intersection of Service/Mitchell and Mitchell Road interchange with State Route 99.

In 2006, the City executed a contract with NV5 to complete the Project Approval and Environmental Document (PA&ED). The Cooperative Agreement for the Project PA&ED was approved by Council on February 13, 2017 with Caltrans with th e project report approved by Caltrans on December 14, 2018. A cooperative agreement with Caltrans for the Plans, Specifications, and Estimate (PS&E) was approved by Council on April 22, 2019 and the PS&E is currently underway.

NV5, Inc. has been involved with the SR99 Service Road / Mitchell Road Interchange project from the very beginning. Their current Contract with the City was originally executed in 2006 and was intended to move the Interchange project to the next step. The ITEM 14
agreement has been amended t welve (12) times to include additional work items associated with project changed conditions. Recent amendments includes : Amendment No. 10 (Resolution No. 2021- 11) for the preparation of the 95% PS&E and Amendment No. 11 (Resolution No. 2022- XX) for updates to the design due additional requirements from Caltrans.

II. RE ASONS FOR RECOMMENDATIO N:

The Measure L Expenditure Plan designates 28% of the funds for regional projects over the 25- year horizon of the Measure L. StanCOG approved a strategic plan that programmed the funds for the regional projects including $30 million for the Interchange Project. The Measure L 2022 Strategic Plan Update was recently adopted on August 17, 2022 by the StanCOG Policy Board. The update includes the previous allocated $6.589 million for the PS&E phase and $150,000 for ROW Support in FY22/23. An additional $10,850 million for ROW Acquisition is programmed for over 3-years starting in FY23/24 through FY 255/26.

The attached cooperative agreement is necessary to delineate the terms, conditions and requirements for receiving the ROW support funds from StanCOG to continue moving forward with the Interchange project. These funds will allow the retainment of an outside professional ROW agent who will initiate the preparation and set up to implement the ROW acquisition. The ROW acquisition phase will begin once the Project receives NEPA approval from Caltran; this approval is anticipated for July 2023.

III. F ISCAL IMPACTS :

There are no fiscal impacts associated with entering into the Cooperative Agreement with StanCOG. The attached budget amendment recognizes funds from StanCOG as revenue from Measure L in the fiscal year 2022/2023 budget.

IV. E XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN :

This amendment is in conformance with the first priority of the Strategic Plan to improve the City’s infrastructure and traffic safety.

V. P OLICY ALTERNATIVES :

There are no viable policy alternatives to not approving the Cooperative Agreement.

VI. I NTERDEPARTMENTAL COORDINATION:

The Engineering Department has been assisting in the review of the design of the project.

VII. P UBLIC PARTICIPATION:

No Public Participation/Involvement is expected during the ROW Support phase.

VIII. EN VIRONMENTAL REVIEW :

No additional environmental review is required at this time.

ITEM 14
IX. STEPS FOLLOWING APPROVAL:

Finalize and execute the Cooperative Agreement and continue project development.

Approved by: ______________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Cooperative Agreement

3. Budget Amendment
ITEM 14
ITEM 14
RESOLUTION NO. 2023-16

AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEASURE L REGIONAL

CONTROL PROJECT COOPERATIVE AGREEMENT WITH STANCOG FOR THE RIGHT OF WAY SUPPORT PHASE OF THE SR99/SERVICE ROAD/MITCHELL

ROAD INTERCHANGE PROJECT AND APPROVING A BUDGET AMENDMENT

THE CITY COUNCIL
City of Ceres, California
WHEREAS, the significant i mprovements t o the SR 99 /Service Road/Mitchell Road Interchange (Interchange) were identified in the 1997 General Plan; and WHEREAS, the r econstruction of the Interchang e is a critical c omponent of t he City of Ceres Strategic Plan; and
WHEREAS, in order to receive funding from the Measure L regional projects a Cooperative Agreement is required; and
WHEREAS, a budget amendment in the amount of $150,000.00 is required for the project; and
WHEREAS, the Cooperative Agreement has been prepared and appr oved by StanCOG to continue project development through the ROW Support Phase.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to execute the M easure L Regional Control Project Cooperative Agreement with StanCOG for the right of way support phase of the SR 99/Service Road/Mitchell Road Interchange project and approves a budget amendment.

BE IT FURTHER RESOLVED that the City Council does hereby approve the Budget Amendment and the Finance Director is hereby authorized and directed to record the appropriate ac counting entries as shown on the attached Budget Amendment.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of January 2023, by the following vote:

AYES: Councilmembers: NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14
{CW120721.1} 1 | Page

Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell

MEASURE L

REGIONAL CONTROL PROJECT COOPERATIVE AGREEMENT

FOR RIGHT OF WAY SUPPORT PHASE OF THE
SR 99/SERVICE ROAD/MITCHELL ROAD INTERCHANGE PROJECT

This Cooperative Agreement (“Agreement”) is made and entered into on January ___, 2023 (“Effective Date”) by and between the CITY OF CERES (“Sponsor”) and the STANISLAUS COUNCIL OF GOVERNMENTS, acting as the Local Transportation Authority (“Authority”).

Sponsor and Authority may be referred to herein individually as a “ Party” or collectively as the “Parties”. There are no other parties to this Agreement.

RECITALS

A. W HEREAS, Authority and Sponsor desire to enter into a Cooperative Agreement for funding of transportation improvements in Stanislaus County pursuant to the authority provided by Measure L: Local Roads First Transportation Funding Measure (“Measure L”) which was approved by the voters of Stanislaus County on November 8, 2016; and

B. W HEREAS, Sponsor desires to receive funding from the Authority for the particular transportation improvement project work specified herein and described in the attached Exhibit “A” (“Project”); and

C. WHEREAS, the Project is eligible as the Right of Way Support for the State Route 99 Service Road/Mitchell Road Interchange project in the Measure L Expenditure Plan; and

D. WHEREAS, the Authority is authorized to issue Measure L funds to Sponsor; and

E. W HEREAS, Authority shall issue Measure L reimbursement payments as provided in Section 2.1 of this Agreement to Sponsor pursuant to a request for reimbursement submitted by the Sponsor; however, the Sponsor understands that in no event shall the sum of all reimbursement payments issued to Sponsor pursuant to this Agreement, when aggregated with the previously approved reimbursement requests, exceed $150,000.00 (“Reimbursement Amount”); and

F. WHEREAS, any cost savings which result in less than the Reimbursement Amount being spent on the Project will be retained by the Authority and may be re-programmed for other Measure L eligible projects;

G. WHEREAS, Sponsor agrees to abide by the terms and conditions of the Authority as set forth herein for the receipt of Measure L funds; and

H. WHEREAS, Authority agrees to provide funding for the transportat ion improvements of the Sponsor’s Project according to the terms and conditions set forth herein.

/ / /
/ / /
ITEM 14
{CW120721.1} 2 | Page

Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell NOW, THEREFORE, in consideration of the mutual promises and undertakings herein and for other good and sufficient consideration, the receipt and adequacy of which is hereby acknowledged, the Parties represent, covenant and agree as follows:

AGREEMENT

SECTION I
C
ovenants of Sponsor

1.1. P roject Application. The complete Project description, scope of work, delivery schedule, estimate of cost by activity, anticipated amount and type of funds that will supplement Measure L funds, and the anticipated timing for release of Measure L funds are specified in the Project application, which is attached as Exhibit “A,” (“Project Application”) and incorporated herein by this reference.

1.2. C hange In Project Scope. A change in the Project scope as described in Exhibit “A” (“Change in Scope ”) may not be implemented until it has been approved in writing by the Authority. Changes in S cope implemented prior to Authority approval will not be eligible for reimbursement and in no event wil l a Change in S cope result in the Authority reimbursing more than the Reimbursement Amount.

1.3. E ligible Reimbursement Costs. Eligible reimbursement costs are the costs as specified in Exhibit “A” or as may be approved from time to time by the Authority pursuant to Section

1.2 (“Eligible Reimbursement Costs”). In no event shall expenses incurred by Sponsor prior to the execution of this Agreement be considered Eligible Reimbursement Costs.

1.4. I nvoices and Progress Reports. Starting one (1) month after the execution of this Agreement, Sponsor will submit monthly progress reports and invoices for activities conducted over the prior unbilled month to obtain Eligible Reimbursement Costs from the Authority . These documents will include the following specified information:

1.4.1. Invoices. S
ponsor will provide the Authority with one (1) copy of all invoices submitted to Sponsor by every contractor, subcontractor, consultant, or subconsultant performing work related to the Project, timecards reflecting hours invoiced for reimbursement by Sponsor’s employees and staff, and invoices supporting direct expenses billed to project by Sponsor.

1.4.2. Progress
Reports. The monthly progress reports will include a brief description of the status of the Project including the work completed to date. This summary may be included on the invoices submitted to the Authority or be attached to those invoices.

1.5. Us
e of Funds. Sponsor will use existing Measure L funds consistent with the Project scope of work described in Exhibit “A” or approved by the Authority pursuant to Section 1.2.

Sponsor shall encumber the Measure L funds no later than the Project schedule as listed in Exhibit “A.” Sponsor may submit extension requests which will be considered and evaluated by Authority.

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{CW120721.1} 3 | Page

Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell

1.6. Submittal of Documents . Sponsor will provide copies to the Authority of all executed contracts which relate to the Project scope as described in Exhibit “A” or approved by the Authority pursuant to Section 1.2. Sponsor will retain records pertaining to the Project for a five (5) year period following completion of the Project.

1.7. C ompletion of Project. Sponsor will be responsible for the timely completion of the Project, including meeting any timely use of funds deadlines, if applicable, as set forth in Exhibit “A,” and will provide management of consultant and contractor activities, including responsibility for schedule, budget and oversight of the services, consistent with the scope of work.

When Sponsor is responsible for the construction management and oversight, any and all costs which exceed the Reimbursement Amount, as set forth in Exhibit “A,” shall be the sole responsibility of Sponsor. This provision shall apply in all instances, including situations where a Change in Scope has been approved by the Authority pursuant to Section 1.2.

1.7.1. Letter of Completion . Sponsor will, within forty -five ( 45) days of the Project becoming operable, provide a letter of Project completion, which includes final cost, revenues, and schedule of completed and any future activities (“Letter of Completion”). The Letter of Completion shall accompany the final invoice for payment from the Sponsor to provide notice to the Authority to close Sponsor’s reimbursement account maintained under this Agreement.

1.8. P ublic Outreach. Sponsor will be responsible for the development and administration of a public outreach effort to ensure public awareness and involvement in the Project development and delivery process. Sponsor will provide a copy of the public outreach plan and all materials documenting the public outreach activities, including public notices, press releases, flyers, etc. to the Authority. The public outreach plan must accompany the first invoice for payment from the Sponsor. The materials documenting the public outreach activities must accompany the final invoice for payment from the Sponsor.

1.9. P
rovision of Signs. Sponsor shall install signs consistent with the Authority’s Project Signs Guidelines and Specifications set forth in Exhibit “B” of this Agreement, attached hereto and incorporated herein by this reference.

1.10. C ost Savings and Excess Costs.

1.10.1. Cost Savings . After the Project has been accepted by the Authority as complete, any positive difference between the cost, as listed in Exhibit “A” or approved by the Authority pursuant to Section 1.2, and the total amount invoiced to the Authority shall be considered cost savings. One Hundred Percent (100%) of the cost savings will be re-credited to the Measure L program for re-programming by the Authority on other eligible projects.

1.10.2. Excess Costs. In the event the actual Project cost exceeds the estimate shown in Exhibit “A,” this amount will be considered an excess cost. Sponsor is solely responsible for all costs over the amount identified in Section 1.2.

1.10.3. Reconciliation of Excess Costs. Excess project costs to complete a project are not eligible for reimbursement. The amount of Measure L funds as identified in Section 1.2 are the ITEM 14
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Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell ‘maximum’ funds available for reimbursement to the Sponsor and will not be exceeded by the Sponsor without an approved amendment to this A greement. The Sponsor shall request an amendment if needed for this purpose in writing to the Authority. Such amended Agreement shall be effective only if approved by the governing bodies of and signed by the duly authorized representatives of both the Authority and the Sponsor.

1.11. E rrors and Omissions . Sponsor shall diligently monitor and manage all aspects of the Project and shall aggressively pursue any and all remedies, including full restitution and damages from any consultant, contractor or sub-contractor and their insureds and sureties suspected of any acts, errors, or omissions committed during business activities that economically or legally damage the project.

SECTION II
C
ovenants of Authority

2.1. R eimbursement Payments. The Authority shall make reimbursement payments to Sponsor for eligible Project costs as specified in Exhibit “A”. To receive monthly reimbursement payments for work completed on the Project, Sponsor shall comply with the following reimbursement procedures:

2.1.1. Deadline to
Submit Reimbursement Requests. All invoices and progress reports shall be submitted to Authority on or before 5:00 p.m. on the tenth (10th) calendar day of the month in which the Sponsor requests reimbursement payments (“Reimbursement Request”). Copies of invoices must be complete and legible or the Reimbursement Request will be returned.

Reimbursement Requests should be accompanied by a cover letter stating the time period for which reimbursement is requested, name of the project, total amount requested and contact name and telephone number. Authority shall issue reimbursement payments to Sponsor on or before the last day of the month for all timely submittals. Invoices are deemed ineligible without the accompanying progress reports. The Authority reserves the right to stop reimbursement payments of invoices without progress reports.

2.1.2. Late S
ubmittals. If Sponsor fails to submit documents to Authority as set forth in Section 2.1.1, above, then Authority may provide reimbursement payments for late submittals in the following calendar month.

2.1.3. Ineligible Costs. The Authority reserves the right to adjust current or future reimbursement payments to Sponsor if an invoice includes ineligible costs.

2.1.4. Reimbursement Amount . The amount of reimbursement payments to Sponsor shall not ex ceed the Reimbursement Amount ( $150,000.00) of eligible expenditures submitted to the Authority as specified in Exhibit “A”.

2.1.5. Suspension of Reimbursement. If the Authority determines that any costs in an invoice are not allowable, or the lack of supporting documentation or progress reports, the Authority shall return the invoice to Sponsor, with an invoice dispute notice outlining the reason for the return and the proposed remedy, if one exists, which would make the invoice acceptable for ITEM 14
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Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell payment. Sponsor may re-submit the invoice for payment after reviewing the invoice dispute notice and making any necessary corrections. Sponsor may also immediately submit a new invoice representing only the amounts which are not in dispute, while setting aside the disputed amounts for review in accordance with the provisions set forth in this Section 2.1.

2.1.5.1. Meeting. Once a dispute has occurred, the Authority shall arrange a meeting between the Authority and the Sponsor staff to discuss and attempt to resolve the dispute. If the invoice was received on or before 5:00 p.m. on the tenth (10th) day of the month, the meeting shall be held no later than the twentieth (20th) day of the same month. If the invoice was received after this date and time, then the meeting shall be held no later than the twentieth (20th) day of the following month.

2.1.5.2. Subregional C ommittee. If an agreement cannot be reached at the meeting, then the Sponsor or the Authority shall have the option to take the dispute to the Authority's Executive Committee, with the understanding that by doing so the reimbursement for the disputed cost item(s) will be delayed until a resolution of the matter is reached.

2.1.5.3. Authority’s B oard Decision. If the Sponsor or the Authority disagrees with the resolution by the Executive Committee then the dispute shall be submitted to the Authority’s Board (“Board”) for resolution. If the Board determines that the disputed cost item(s) is ineligible, the Authority shall not provide reimbursement payment to the Sponsor for the disputed item(s). If the Board determines that the disputed cost item(s) is eligible, then the A uthority shall provide reimbursement payment to the Sponsor for the disputed cost.

2.1.5.4. Reservation of Rights. By utilizing the above procedures, the Sponsor does not surrender any rights to pursue available legal remedies if the Sponsor disagrees with the Board decision.

2.1.5.5. Acceptance
of Work Does Not Result In Waiver. Neither
acceptance of the work nor issuance of reimbursement payments will result in a waiver of the right of the Authority to require fulfillment of all terms of this Agreement.

2.2. R ight to Conduct Audit. The Authority shall have the right to conduct an audit of all Sponsors’ records pertaining to the Project at any time during the course of construction and up to a five (5) year period after completion of the Project.

2.3. M aximum Obligation . Authority’s maximum obligation for all costs under this Agreement shall not exceed the Reimbursement Amount, unless such maximum obligation is increased by an amendment to this Agreement. The P arties agree that Measure L funds shall not be used for reimbursement of expenses incurred by Sponsor for the Project that are not covered by this Agreement.

/ / /
/ / /
/ / /
ITEM 14
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Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell

SECTION III
Mutual Covenants

3.1. T erm . This Agreement shall remain in effect until discharged or terminated as provided in Section 3.2 or Section 3.15.

3.2. D ischarge. This Agreement shall be subject to discharge as follows:

3.2.1. Termination by Mutual Consent. This Agreement may be terminated at any time by mutual consent of the Parties.

3.2.2. Discharge Upon Completion of Project. E xcept as to any rights or obligations which survive discharge as specified in Section 3.14, this Agreement shall be discharged, and the P arties shall have no further obligation to each other, upon completion of the Project as certified by the Authority.

3.3. I ndemnity . It is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Sponsor:

3.3.1. S
ponsor shall fully defend, indemnify and hold harmless Authority, and any officer or employee of Authority, against any damage or liability occurring by reason of anything done or omitted to be done by Sponsor under the Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4, Sponsor shall fully defend, indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Sponsor under this Agreement or in connection with any work, authority, or jurisdiction delegated to Sponsor under this Agreement.

3.3.2. Authority shall fully defend, indemnify and hold harmless Sponsor, and any officer or employee of Sponsor, against any damage or liability occurring by reason of anything done or omitted to be done by Authority under or in connection with any work, authority or jurisdiction delegated to Authority under the Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, Authority shall fully defend, indemnify and hold the Sponsor harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Authority under this Agreement or in connection with any work, authority, or jurisdiction delegated to Authority under this Agreement.

3.4. L
iability . As Authority is not the primary or responsible agency for carrying out the Project herein identified, the Authority is not liable for any loss, cost, liability, damage, claim, lien, action, cause of action, demand or expense which may arise as a result of the acts or omissions of Sponsor or its agents, contractors, consultants, engineers, or representatives. Nor shall the Authority be liable for any loss, cost, liability, damage, claim, lien, action, cause of action, demand or expense which may arise as a result of Authority’s provision of funds which may be utilized in, but not limited to the acquisition of, the design, implementation, or construction of the Project herein described.

3.5. Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, or by certified or registered mail, return receipt ITEM 14
{CW120721.1} 7 | Page

Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell requested, overnight courier, or transmitted by facsimile or electronic mail transmission, to the respective Parties at the addresses set forth below:

TO AUTHORITY:
1111 “I” Street, Suite 308
Modesto, CA 95354
Attention: Executive Director
TO SPONSOR:
2220 Magnolia Street
Ceres, CA 95816
Attention: Kevin Waugh, City Engineer
Telephone: 209.538.5775
Email: [email protected]

Either Party may change its address by giving notice of such change to the other P arty in the manner provided in this Section 3.5. All notices and other communications shall be deemed to have been given on (i) the day such notice or communication is personally delivered, (ii) three (3) days after such notice or communication is mailed by prepaid certified or registered mail, (iii) one (1) business day after such notice or communication is sent by overnight courier, or (iv) the day such notice or communication is faxed or sent electronically, provided that the sender has received confirmation of such fax or electronic transmission.

3.6. A
dditional Acts and Documents. Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.

3.7. I ntegration . This Agreement represents the entire Agreement of the Parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the P arties except as expressly set forth herein, or in other contemporaneous written agreements.

3.8. A mendment. This Agreement may not be changed, modified or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

3.9. I ndependent Agency. Sponsor and Authority renders services under this Agreement each as an independent agency under the terms of this Agreement . None of the Sponsor’s agents or employees shall be agents or employees of the Authority and none of the Authority's agents or employees shall be agents or employees of Sponsor.

3.10. A
ssignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

3.11. B inding on Successors . This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the Authority or Sponsor, as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

ITEM 14
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Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell

3.12. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.

3.13. C
ounterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. Each P arty agrees that this Agreem ent and other documents delivered in connection herewith may be electronically signed, and that any electronic signature appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

3.14. S
urvival. The following provisions in this Agreement shall survive discharge:

3.14.1. Sponsor. As to Sponsor, the following sections shall survive discharge:

Section 1.5 (obligation to use funds for Project), Section 1.6 (obligation to provide copies and retain records), Section 1.7 (obligation to continue to manage Project).

3.14.2. Authority. As to Authority, the following section shall survive discharge:

Section 2.2 (right to conduct audit).

3.14.3. Both Parties . As to both P arties, the following section shall survive discharge: Section 3.3 (mutual indemnities).

3.15. L imitation . All obligations of Authority under the terms of this Agreement are expressly contingent upon the Authority's continued authorization to collect and expend the sales tax proceeds provided by Measure L. If for any reason the Authority's right or ability to collect or expend such sales tax proceeds is terminated or suspended in whole or part so that it materially affects the Authority's ability to fund the Project, the Authority shall promptly notify Sponsor, and the Parties shall consult on a course of action. If, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by mutual or joint consent. Any future obligation to fund this Project or any other project or projects of Sponsor, not already specifically covered by separate Agreement, shall arise only upon execution of a new Agreement.

3.16. A
ttorneys' Fees. Should any litigation commence between the Parties concerning the rights and duties of any Party pursuant to, related to, or arising from, this Agreement, the prevailing Party in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees and costs of such litigation, or in a separate action brought for that purpose.

3.17. T
ime . Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.

ITEM 14
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Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell

3.18. Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law.

3.19. A pplicable Law . This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California.

3.20. I ncorporation of Recitals . The Recitals to this Agreement are incorporated into and shall constitute a part of this Agreement.

3.21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions.

3.22. No Continuing Waiver. The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.

3.23. No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any Party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any party to this Agreement.

3.24. S ignator's Warranty. Each P arty warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other Party.

[
Signatures contained on next page]
ITEM 14
{CW120721.1} 10 | Page

Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell IN WITNESS WHEREOF, the undersigned parties have executed this Agreement, which shall become effective as of the date written above.

STANISLAUS COUNCIL OF
GOVERNMENTS, acting as the LOCAL

TRANSPORTATION AUTHORITY

By:__________________________________

Chair

CITY OF CERES

By:__________________________________
Alex Terrazas
City Manager

ATTEST:

By:__________________________________
Rosa De León Park
Executive Director

ATTEST:

By:__________________________________
Fallon Martin
City Clerk

APPROVED AS TO FORM:

By:__________________________________
Monica Streeter
General Counsel
APPROVED AS TO FORM:

By:__________________________________
Nubia Goldstein
City Attorney

ITEM 14
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Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell

EXHIBIT A

PROJECT SCOPE, COST, SCHEDULE AND

FUNDING PLAN

Project Name:

Project Contact:

PROJECT SCOPE

Responsible A
gency: City of Ceres

Project L
imits:

Project Phase:
□ Phase 1 – Preliminary Engineering (Includes Preliminary Design/Engineering (PS&E) and Environmental
□ X Phase 2 – Right-of-Way Support
□ Phase 3 – Construction (Includes Project Construction & Construction Management)

Project Phase Scope:

Right of Way Support.

Project Purpose:

To conduct right of way property management, utility relocation, obtain right of way interests for project right of way certification, and post right or way certification work.

Transportation Benefit:

The proposed improvements to the existing State Route99/Mitchell Road interchange will address issues of congestion, circulation, and access to and from SR99. The Project will include a fully accessible diverging diamond interchange (DOI) at Service Road on SR 99. The existing interchange at Mitchell Road will be converted to a partial interchange, with a northbound off-ramp and a southbound on-ramp to SR 99.

The project includes an extended deceleration lane at the northbound off-ramp to Mitchell Road, an extended acceleration lane at the southbound on-ramps from Mitchell Road and the Service Road, auxiliary lanes between Service Road interchange and the Fourth Street ramps, replacement of the Mitchell Road ITEM 14
{CW120721.1} 12 | Page

Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell Undercrossing and Service Road Overcrossing structures. Local road improvements included in the overall project are Service Road, Mitchell Road, El Camino Avenue, Rohde Road, Moffett Road, Don Pedro Road, Sixth Street, Ninth Street, Lucas Road, and Brickit Court. The proposed improvements to the existing State Route99/Mitchell Road interchange will address issues of congestion, circulation, and access to and from SR99. The Project will include a fully accessible diverging diamond interchange (DOI) at Service Road on SR 99. The existing interchange at Mitchell Road will be converted to a partial interchange, with a northbound off-ramp and a southbound on- ramp to SR 99. The project includes an extended deceleration lane at the northbound off-ramp to Mitchell Road, an extended acceleration lane at the southbound on-ramps from Mitchell Road and the Service Road, auxiliary lanes between Service Road interchange and the Fourth Street ramps, replacement of the Mitchell Road Undercrossing and Service Road Overcrossing structures. Local road improvements included in the overall project are Service Road, Mitchell Road, El Camino Avenue, Rohde Road, Moffett Road, Don Pedro Road, Sixth Street, Ninth Street, Lucas Road, and Brickit Court.

Current Status:

CEQA complete, NEPA pending. PS&E 95%. In order to complete a 100% PSE, the City of Ceres will need the right of way phase completed and approved by Caltrans. The ROW support phase will be the initial phase in preparing the project to receive ROW certification and NEPA approval before moving on to the ROW capital phase.

PROJECT COST

Project Work Description Cost
R/W Support $150,000

ITEM 14
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Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell EXHIBIT A Continued

PROJECT SCOPE, COST, SCHEDULE AND

FUNDING PLAN

Project Name:

Project Contact:

PROJECT SCHEDULE

Project Phase

Start

End
Timely Use of Funds
Deadline (if applicable)

R/W Support Jan. 1, 2023 Dec. 31, 2026

PROJECT FUNDING PLAN

Fund Source Fund Amount
Measure L Regional Funds $150,000

Total $150,000
ITEM 14
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Final Measure L Regional Cooperative Agreement: Ceres ROW Support Service Mitchell

EXHIBIT B

MEASURE L PROJECT SIGNS

During the Construction Phase and 1 month from Contractor starting work on site, the City of Ceres shall install Measure L signs in accordance with the adopted Measure L Project Sign Guidelines, attached hereto. Signs shall be at least 4 feet by 6 feet in dimension and shall be displayed prior to the project, during the project and for 3 months after project completion.

ITEM 14

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2023-16, dated January 23, 2023, authorizing appropriations for Mid-Year Budget Adjustments as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Measure L 271 19 95 $150,000.00

Requested Appropriation $150,000.00
2022 - 2023 Current Appropriation $ 1,119,871.80
Total Appropriation $1,269,871.80

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2020 - 2021 Current Estimated Revenue
Total Estimated Revenue

Fiscal Impact:

ITEM 14
ITEM 14

COUNCIL AGENDA REPORT

MEETING DATE: January 23, 2023

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

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

SUBJECT: Resolution No. 20 23-17, Approving the Mid- Year Budget Amendment for Fiscal Year 2022-2023

RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve a resolution approving the Mid -Year budget amendment for fiscal year 2022-2023.

I. BACKG
ROUND:

The purpose of this agenda item is for the City Council to consider mid-year adjustments, review general fund revenue projections and hear an update on the fiscal year 2023-2024 budget process.

Revenues for Fiscal Y ear 2022-2023 are tracking slightly higher than last fiscal year mostly due to the increase in the price of goods. As of December 31, 2022 we have received 38.6% of the budgeted revenues, as com pared to 36.6% as of December 31, 2021. General Fund revenu e received as of December 31, 2022 equals 36% of the budgeted revenues as compared to 2 5.1% as of Dec ember 31, 2021.

Total expenditures, including encumbrances, as of December 31, 2022 equal

39.6% of the budgeted expenditures as compared to 44.1% as of December 31, 2021. General Fund expenditures, including encumbrances, as of December 31, 2022 equal 44.4% as compared to 46.8% as of December 31, 2021.

The City is on a Modified Accrual basis of accounting. This means revenues are recorded when they be come measurable and available. Expenditures are recorded when the work is done or the item is purchased. At the fiscal year end,

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 15

revenue and expenditures that are related to the current fiscal year are recorded in the current fiscal year, even if the rev enue is received or the bills are paid in the next fiscal year. Revenue received through August will be recorded in June.

December is 50% of the way through the fiscal year. Revenue that is r eceived monthly would have at the most six months of revenue recorded. Revenue that is receiv ed on a s emi-annual basis such as property taxes have one payment recorded. A large semi -annual payment is received from the State of California for Motor Vehicl e in Lieu in January and May. Annual payments such as franchise fees are received in April and June and therefore show no revenue received as of December 31, 2022.

The attached budget amendment details the required changes to the 20 22-2023 budget allocat ions. The biggest change to the budget for this mid- year adjustment is in the Sewer Service Fund as a result of the Del Puerto Agreement and increased flow.

Overall expenditures in the General Fund are being increased by $ 93,000, $85,000 for Dispatch overtime needs and $8,000 for additional i rrigation supplies, requested by the Parks Department.

At the meeting of March 14, 2022, Council discussed the proposed expenditures for the American R escue Plan f unds received by t he City. The reallocation of $50,000 from Salaries and Wages to Contract Servic es is part of the approved allocation for Code Enforcement services and is needed to pay for graffiti abatement services for the Code Enforcement Unit.

Additions to the State Gas Tax, Water, Sewer, Landscape & Lighting, Equipment Maintenance and Building Maintanance F unds account for additional funding needed to complete projects already in progress.

G
eneral Information

Secured Property Taxes – The City of Ceres participates in the Stanislaus County Te eter Plan. Under the Teeter Plan, Stanislaus County makes the property tax distributions to the City in December 55%, April 40% and June 5%.

Assessed values increased to 5.50% for fiscal year 2022- 2023 compared to assessed value of 5.09% for fiscal year 2021-2022.

Sal
es Tax – Under an agreement with Stanislaus Cou nty, Ceres received 0.95% of its local 1% share and the County gets the remaining 0.05%. Sales Tax growth has increased slightly for fiscal year 2023.

Motor Vehicle In-Li
eu (VLF) – VLF revenue is based on registered automobiles in the City. The rate h as been lowered by the State from 2% to 0.65%. The State agreed to backfill the 1.35% difference with County property taxes. The County is required to distribute the backfill to the City in two payments – January 2022 and May 2022 . The backfill received in future years will increase at rates ITEM 15

corresponding to the rate of increase in local property taxes, not registered automobiles.

Utility Users Tax (UUT)
– Utility Users Tax is 3% of the utility bill, collected by the utility company, and remitted to the City by the end of the month following collection. Receipts are coming in as expected. Receipts for electrical service are highest from July through September when the weather is warmer. Rec eipts for natural gas are highest from December through March when the weather is colder. Receipts for cable TV continue to decline as people switch to satellite service and discontinue cable altogether. The City collects UUT on all phones and beginning January 2016 w e began collecting UUT on the prepaid phone cards sold in stores.

Business License – B
usiness License tax is based on gross receipts or a flat rate depending on the type of business. Licenses are issued annually and billed quarterly. Licensing revenue is tracking as expected.

F
ranchises – Franchise fees are imposed on companies for the privilege of using the City right-of-ways for profit. The City has Franchise agreements with Charter Cable (5%), Pacific Gas and Electric (5%) and Ber tolotti Dis posal (10.5%).

Charter and Pacific Gas and Electric remit their fees to the City in April of each year. The City collects revenue for garbage services and remits a check monthly to Bertolotti for 89.5% of the services billed.

Interest Earnings – F unds not needed for immediate use are invested in the Local A gency Investment Fund (LAIF), Treasury Notes, Agency Notes or Corporate Notes. The City uses a ‘pooled cash’ investment strategy. Interest earnings on pooled cash are allocated back to the c ontributing funds. The allocation is based on the respective ca sh balances at the end of the month.

Interest is received monthly and quarterly. The LAIF interest rate was 2.173% for December 2022. We began investing outside of LAIF in July of 2016. T he average rate of return for investments held outside of LAIF is 1.73%.

General Fund Revenue- Attached is the general fund future projection schedule.

With all the new commercial developments, we are working with Avenu Insights, our sales tax consultant, to determine the estimated revenue growth for the next fiscal year based on these new developments. We will have a better estimate when our budget is presented. Also a ttached is our budget calendar for fiscal year 2023-2024.

II. RE
ASONS FOR RECOMMENDATION:

In order to adhere to Generally Accepted Account Principl es we are required to adjust the budget to more accurately reflect our fiscal year revenues a nd expenditures.

III. F
ISCAL IMPACTS :

ITEM 15

The attached budget amendment lists, by fund, the expenditure or revenue account that will be either incr eased or decreased , based on department requests.

The adjustment to the General Fund expenditures results in a n et increase amount of $ 93,000. Th is adjustment results in a minimal decrease of General Fund reserves . General Fund reserves are currently $ 6,868,720 (25.3%). T he additional expenses in the Water Fund (527), Sewer Fund (567), Gas Tax Fund (255) and Equipment Maintenance Fund (600) will be covered by fund balance.

IV. E
XISTING POLICY / RELATIONSHIP TO THE STR ATEGIC PLAN:

N/A

V. P
OLICY ALTERNATIVES :

N/A

VI. I
NTERDEPART MENTAL COORDINATION:

N/A

VII. P
UBLIC PARTICIPATION:

N/A

VIII. ST
EPS FOLLOWING APPROVAL :

The Finance Department will process the attached budget amendment and make the necessary accounting entries.

Approved by: ___________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Budget Amendment

3. General Fund Future Projections

4. FY23-24 Budget Calendar

ITEM 15
RESOLUTION NO. 2023-17

APPROVING THE MID-YEAR BUDGET AMENDMENT
FOR FISCAL YEAR 2022-2023

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council approval of the Fiscal Year 2022- 2023 budget on June 27, 2022; and

WHEREAS, it is necessary and prudent to review all revenues and expenditures midway through the fiscal year and make any necessary adjustments; and

WHEREAS, staff has identified necessary adjustments in various funds which are detailed in the attached budget amendment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the mid-year budget amendment for Fiscal Year 2022-2023.

BE IT FURTHER RESOLVED the City of Ceres Finance Director is authorized to make all necessary accounting entries for this budget amendment.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23
rd day of January, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk

ITEM 15
ITEM 15
Resolution NO. 2023____
City of Ceres
Mid-Year Budget Adjustments
Fiscal Year 2022-2023 BA #
Account No. Amendment Amount Fund Totals
Expenditures
10009.011100 Overtime 85,000
10040.034800 Irrigation Heads, Fittings and Valves 8,000 Total Expenditures 93,000
General Fund Total 93,000$
21913.029900 Contract Services 50,000
21913.011000 Salaries & Wages (50,000)
21945.039900 Materials & Supplies 7,000
Total Expenditures 7,000$
American Rescue Plan Fund Total 7,000$
25530.022200 Subscriptions & Memberships 1,980
25530.024800 R&M Street lights 5,000
25530.034600 Traffic Control Supplies 12,000
25530.039900 Materials & Supplies 3,850
Total Expenditures 22,830
State Gas Tax Fund Total 22,830$
52719.011700 Temporary Employees 20,000
52719.011700 Temporary Employees 20,000
52719.029900 Contract Services 37,500
52719.029900 Contract Services 37,500
52719.033700 Small Tools 200
52719.033700 Small Tools 200
52735.023000 Printing and Binding 300
52735.031400 Gas, Oil and Lubricants 360
52735.039900 Materials and Supplies 2,520
52795.024000 Equipment Rentals 50
Total Expenditures 118,630$
Water Fund Total 118,630$
56725.022200 Subscriptions & Memberships 547
56725.028600 R& M Non Automotive-Lift Station/Equip 100,000 56725.029900 Contract Services 10,000
56725.034800 Water Pipes, Valves & Fittings 1,981
56725.039900 Materials & Supplies 2,289
56725.040600 Turlock Sewer Service 1,382,714
56730.029900 Contract Services 20,000
56730.039900 Materials & Supplies 2,926
ITEM 15
Resolution NO. 2023____
City of Ceres
Mid-Year Budget Adjustments
Fiscal Year 2022-2023 BA #
Account No. Amendment Amount Fund Totals
Total Expenditures 1,520,457
Sewer Fund Total 1,520,457$
29240.028600 R&M Non Automotive Equip 13,095
Total Expenditures 13,095
Landscape & Lighting Fund Total 13,095$
60020.039900 Materials & Supplies 452
Total Expenditures 452
Equipment Maintenance Fund Total 452$
67941.011100 Overtime 3,960
67941.028700 R&M Communication Equip 67
67941.028900 R&M-Non Structural Items 1,800
67941.028900 R&M-Non Structural Items 2,500
67941.029900 Contract Services 5,000
67941.029900 Contract Services 16,000
67941.030300 Janitorial Supplies 1,300
67941.049900 Fixed Charges 522
Total Expenditures 31,149
Building Maintenance Fund Total 31,149$
ITEM 15

GENERAL FUND FUTURE PROJECTIONS
1/17/2023
2020/2021
Actual
2021/2022
Actual (unaudit)
2022/2023
Projected
2023/2024
Projected
2024/2025
Projected
2025/2026
Projected
Beginning Budgetary Balance 5,565,094$ 7,574,250$ 6,868,720$ 6,775,720$ 6,682,560 7,450,316 Revenues (+5% 2023/24 and beyond) 20,903,474 22,767,588 24,019,869 25,770,862 27,609,406 29,539,876 Salary transfers from CFD Fund 270 (4% Inc 22/23 forward) 671,438 668,838 694,935 722,732 751,642 781,707 Kase and Patient First 1,460,000 1,380,000 1,380,000 1,380,000 1,380,000 1,380,000 Other One-time Revenue 162,383 152,000 152,000 152,000 152,000 152,000 ARP Act Funding-Recapture Lost Revenue - - 930,779 45,745 - - Subtotal Revenue & Transfers In 23,197,295 24,968,426 27,177,583 28,071,340 29,893,047 31,853,583 Salaries (Includes OT, FICA, Ptime) (8,222,276) (8,247,751) (8,872,927) (9,262,206) (9,540,072) (9,826,274) Retirement - General (720,553) (537,579) (521,158) (526,370) (531,633) (536,950) Retirement - Public Safety (3,061,691) (2,976,509) (3,371,756) (3,472,909) (3,577,096) (3,684,409) Workers Comp (5% Incr 2021/22 and Beyond) (649,743) (394,018) (575,481) (604,255) (634,468) (666,191) Group Insurance (1,894,201) (1,675,453) (1,834,965) (1,834,965) (1,834,965) (1,834,965) Fire Equipment Purchase Repayment to Sewer Fund (304,000) (304,000) (304,000) (304,000) (304,000) (304,000) Other Exp & Transfers Out (Inc 2% 21/22 & On) (6,335,675) (6,893,366) (6,265,617) (6,390,929) (6,518,748) (6,649,123) Fire Regionalization Contract - (4,645,280) (5,524,679) (5,768,866) (6,184,309) (6,184,309) CARES Act Funding -
LIUNA Contract
POA Proposal
Subtotal Expenditures & Transfers Out (21,188,139) (25,673,956) (27,270,583) (28,164,500) (29,125,291) (29,686,221) Adjustment to Cash Balance
Ending Budgetary Balance (Cash Reserves) 7,574,250 6,868,720 6,775,720 6,682,560 7,450,316 9,617,679 Amount of Reserves (Used) Added 2,009,156 (705,530) (93,000) (93,160) 767,756 2,167,362 Reserves as a % of expenditures 35.7% 26.8% 24.8% 23.7% 25.6% 32.4% ITEM 15
ITEM 15

CITY OF CERES

BUDGET CALENDAR
2023-2024

DUE DATE ACTIVITY
Feb 1 2023-2024 Budget entry available on-line in Munis Feb 15 Equipment rates, Building Maint, and IT support given to depts Feb 15 Personnel costs calculated and given to departments Feb 15 Fixed Costs given to departments
Feb 28 All budgets entered into the Munis system by departments March Summarize estimated Revenues and Department requests March Goal Setting/Preliminary Budget Workshop
City Manager review of budget requests with Departments Mar 27-Mar 31 schedule for meetings in Community Center:

Mar 28, 8:30 Engineering, CIP
Mar 28, 11:00 Recreation
Mar 28, 3:00 HR
Mar 29, 11:00 Finance, General City
Mar 29, 11:30 City Manager, City Council, City Clerk
Mar 29, 1:30 IT
Mar 29, 3:00 PW Admin, Equipment, Sewer, Water, Parks, Facilities, Streets Mar 30, 8:30 Planning, Building, Housing
Mar 30, 9:30 Economic Development, Successor Agency, CDRAB Mar 30, 1:00 Police/Animal Control/Code Enforcement
Mar 30, 3:00 Fire
May 5 Finalize and distribute proposed budget
TBD Council/Public review of the proposed budget (budget workshop) June 12 Adopt the Annual Budget
ITEM 15
ITEM 15
C

OUNCIL AGENDA REPORT
MEETING DATE: January 23, 2023
T
O: Mayor and City Council
F
ROM: Alex Terrazas, City Manager
CO
NTACT: Nubia Goldstein, City Attorney
nubi
[email protected], (916) 468-09 46
S
UBJECT: Discuss Remote Participation by Elected and A ppointed Officials in Public Meetings under AB 2449
RECOMMENDED COUNCIL ACTION:

D
iscuss and provide staff direction regarding remote participation in public meetings by Ceres elected and appointed officials pursuant to AB 2449.

I. DISCUSSION:

A. G
eneral Brown Act requirements
Under the default or traditional rules of the Brown Act pursuant to Government Code section 54953, to attend a meeting via teleconference, the legislative body must make each teleconference location accessible to the public and provide the public with the opportunity to provide comments from each location. In addition, each location must be identified in the notice and agenda of the meeting and at least a quorum of the body must be participating from within the agency’s jurisdiction.

B. A
B 361
Assembly Bill (“ AB”) 361 authorizes remote participation in public meetings by legislative bodies, such as city councils, when there is a declared state of emergency, among other requirements. Governor Newsom recently announced that the current state of emergency will end on February 28, 2023. After this date, AB 361 will no longer apply under the COVID-19 state of emergency.

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 16
C. AB 2449
On September 13, 2022, Governor Newsom signed AB 2449 into law, which went into effect January 1, 2023. AB 2449 amends requirements of the Brown Act relating to remote participation of legislative body members in public meetings.

Under AB 2449, legislative bodies may allow their members to remotely attend public meetings without complying with the Ralph M. Brown Act teleconferencing requirements as follows:
(I
) At least a quorum is physically present at the meeting, held within the jurisdiction of the agency;
(
II) the public is provided access to attend the meeting remotely; (
III) the member of the legislative body who is unable to attend in person shows just cause or emergency circumstances; and
(I
V) the member’s remote attendance must be by both audio and visual technology, such as Zoom.
“
Just cause” is defined as one of the following: a childcare or caregiving need that requires the individual to participate remotely, a contagious illness that prevents an individual from attending in person, a need related to a physical or mental disability, or travel while on official business of the legislative body or another state or local agency. “Emergency circumstances” mean a physical or family medical emergency that prevents an individual from attending in person.

A
B 2449 will sunset on January 1, 2026, unless extended by the legislature prior to that date.

D. I
mplementation of AB 2449
Beginning January 1, 2023 , should any member of the City Council, or its commissions and subcommittees need to remotely attend a public meeting the City will be required to allow the public to attend remotely as well. Remote public participation under AB 2449 must be provided via a two-way audiovisual platform, such as Zoom, or both a two- way telephonic service and live webcasting of the meeting. Should any disruption to the remote public attendance medium occur the legislative body will be prohibited from taking action on items appearing on the meeting agenda until remote public access to the meeting is restored.

A
ny legislative body member who needs to remotely attend a public meeting must notify the legislative body at the earliest opportunity, up to and including the start of a regular meeting, of their need to participate remotely, including a general description of the circumstances necessitating remote attendance. The general description does not require the member to disclose any medical diagnosis or disability, or any personal medical information.

ITEM 16
Under AB 2449, each member of a legislative body may only remotely attend a meeting for “just cause” twice in one calendar year. There is no restriction on the number of times remote attendance may be utilized pursuant to emergency circumstances; however, AB 2449 specifically disallows participation by remote means for a period of more than three consecutive months or 20% of the regular meetings for the local agency within a calendar year.

W
hen remote attendance is requested pursuant to emergency circumstances, the legislative body must take action to approve the request at the earliest opportunity.

If the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made, the legislative body may take such action at the beginning of the meeting.

T
he remotely attending member must participate through both audio and visual (video) technology. Additionally, the remotely attending member must publicly disclose at the meeting, before any action is taken, whether any other individuals who are 18 years of age or older are present in the room at the remote location and the general nature of the member’s relationship to such individuals.

T
he legislative body cannot require public comments to be submitted in advance of the meeting and must provide opportunity for the public to provide comment in real time. In the event of a disruption to the broadcast of the meeting, the body cannot take further action on agenda items until the public’s access has been restored.

II. REASON FOR RECOMMENDATION:

N/
A
III. FISCAL IMPACTS:

N/
A
IV
. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/
A
V. POLICY ALTERNATIVES:

T
he City Council’s options are:

1. P
rovide direction to staff regarding remote participation under AB 2449; or

2. C
ontinue the item for later consideration by the City Council.

V
I. INTERDEPARTMENTAL COORDIANTION:

ITEM 16
N/A
V
II. PUBLIC PARTICIPATION:

N/
A
V
III. ENVIRONMENTAL REVIEW:

N/
A
IX
. STEPS FOLLOWING APPROVAL:

N/
A
A
pproved by: __________________________
Alex Terrazas, City Manager
ITEM 16

Ceres City CouncilJanuary 23, 2023

Ceres City Council
January 23, 2023