AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, June 12, 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)
INVOCATION
Invocation by Jim Hanna, Ceres Grace Community Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.
Click this link to join the webinar:
https://us02web.zoom.us/j/85164155282?pwd=MklGSWtBZGRERzhUU215ZjNuckx3Zz09
Webinar ID: 851 6415 5282; Passcode: 778324; or Dial: (669) 900-6833
REMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC 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
June 12, 2023
PRESENTATIONS
A. National Public Works Week Proclamation
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non -agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are e ntitled to address the City Council on any agenda item subject to the 5-minute provision.
APPOINTMENTS TO BOARDS/COMMISSIONS
B. Appointment to the Ceres Youth Baseball Board Meetings for Calendar Year 2023
C. Appointment to Tuolumne River Regional Park Citizens Advisory Committee
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 June 12, 2023 City Council Meeting was Posted on Wednesday, June 7, 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. Approval of Minutes. (City Clerk)
a. April 24, 2023 Regular City Council Meeting
b. April 27, 2023 Special City Council Meeting
c. May 8, 2023 Special City Council Meeting
d. May 8, 2023 Regular City Council Meeting
e. June 5, 2023 Special City Council Meeting
4. Register of Audited Demand(s) Dated May 3, 2023 through May 24, 2023. (Dias)
5. General Correspondence – Information Only
a. Public Works Monthly Report for April 2023. (Royal)
AGENDA
Regular City Council Meeting
June 12, 2023
6. Resolution No. 2023 -63, Authorizing the Purchase of License Plate Readers (LPRs) for the Police Department. (Collins)
7. Resolution No. 2023-64, Approving the FY 2023-2024 Project List to be Funded with Senate Bill 1 (SB 1): “The Road Repair and Accountability Act of 2017 .” (Waugh)
8. Resolution No. 2023 -65, Rescinding Resolution No. 2023 -55 and Authorizing a Construction Management Service Contract Amendment to ICM Group I nc., Authorizing a Budget Amendment, and Authorizing the Interim City Manager to Execute the Amendments. (Waugh)
9. Resolution No. 2023 -66, Authorizing the Interim City Manager to Approve a Budget Amendment and Contract with Jeremy Damas for Public Works Project Management and Consultation and to Serve as the Chief Operator of the Water System. (Royal)
10. Resolution No. 2023 -67, Authorizing the Interim City Manager to Approve Payment to Don Pedro Pump Company for Emergency Repairs Performed at Well
38. (Royal)
11. Resolution No. 2023 -68, Rescinding Resolution No. 2022-11 to Include Specific Language Required by CalRecycle to Authorize the Submittal of Applications for Grants and Payment Programs and Authorizing the City Manager or His/Her Designee to Sign All Necessary Documents. (Royal)
12. Resolution No. 2023-69, Accepting a $40,000 CalAPP Grant to Improve Building Permit Processing Related to Solar Panels and Authorizes the Director of Community Development to Execute the CalAPP Grant Agreement. (Hoem)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
None
PUBLIC HEARING
None
NEW BUSINESS
13. Resolution No. 2023 -70, Authorizing an Agreement with the Ceres Garden Club for Use of the Parcel Located at 2732 5th Street, Ceres CA and Approving a 90-Day AGENDA
Regular City Council Meeting
June 12, 2023
Extension for the Exchange of Real Property Agreement with Parsons Properties, LLC (Resolution 2022-104). (Royal)
DISCUSSION ITEMS
None
COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda (pursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda).
14. Audit for FY 2022-2023 to be completed no later than December 31, 2023 and reviewed at the first council meeting in January 2024.
(Requested by Councilmember Casey)
15. Quarterly budget reviews to be presented at council meetings. (Requested by Councilmember Casey)
16. Select a different audit firm every three years and have one selec ted to complete the FY 2023-2024 audit.
(Requested by Councilmember Casey)
17. Establish a committee with members of the public and staff to gather input on the process to build a new City Hall with Vice Mayor Silveira being the chair of the committee.
(Requested by Councilmember Casey)
REPORTS
At this time, any Councilmembers or City staff wil l 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
AGENDA
Regular City Council Meeting
June 12, 2023
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on June 26, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
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, June 7, 2023, at the following locations in Ceres:
• Community Center Display Case – 2701 Fourth Street
__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk
DECLARING MAY 21-27, 2023
AS
NATIONAL PUBLIC WORKS WEEK
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the City of Ceres; and
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders and children in the City of Ceres to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and
WHEREAS, the year 2023 marks the 63
rd annual National Public Works Week
sponsored by the American Public Works Association; and
WHEREAS, public servants include teachers, doc tors, scientists, train conductors, astronauts, nurses, safety inspectors, laborers, computer technicians, social workers, and countless other occupations. Day in and day out they provide the diverse services demanded by the American people of their government with efficiency and integrity; and
WHEREAS, without these public servants at every level, continuity would be impossible in a democracy that regularly changes its leaders and elected officials.
NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bre t Silveira, Councilmembers James Cas ey, R osalinda L.
Vierra, and Daniel A. Martinez , do hereby designate the week May 21– 27, 2023 as National Public Works Week; I urge all citizens to join with representati ves of the American Public Works Asso ciation and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they mak e to protecting our national health, safety, and quality of life.
Proclaimed this 12th day of June 2023
___________________________
Javier Lopez, Mayor
ITEM A
ITEM A
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: June 12, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Appointment to the Ceres Youth Baseball Board Meetings for Calendar Year 2023
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council appoints the City Manager or his/her designee to serve as a liaison between Ceres Youth Baseball (CYB) and the City of Ceres as well as attend CYB’s monthly board meetings.
I. BACKGROUND:
At the April 24, 2023 City Council meeting Councilmember Martinez made a referral to appoint someone to attend CYB’s monthly meetings on a regular basis. Staff recommends council appoint the City Manager or his/her designee to serve this role and act as a liaison between CYB and City Council.
This is a similar arrangement the City has with the Ceres Chamber of Commerce. I t has proven to be effective with regards to communication as well as logistics related to community events.
II. REASONS FOR RECOMMENDATION:
Communication can be more streamlined as well as facility requests by having a City staff member serve as a liaison between CYB and the City of Ceres.
III. FISCAL IMPACTS:
N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
ITEM B
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
N/A
Approved by: ____________________
Douglas D. Dunford
Interim City Manager
ITEM B
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: June 12, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Appointment to the Tuolumne River Regional Par k Citizens Advisory Committee
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council appoints Alvaro Zuniga Franco to the Tuolumne River Regional Park (TRRP) Citizens Advisory Committee (CAC) with the term ending December 31, 2027.
I. BACKGROUND:
The Tuolumne River Regional Park Citizens Advisory Group serves as an advisory body on the acquisition, development, maintenance and operation of the Tuolumne River Regional Park . Members serve four -year terms, are appointed by their respective legislative bodies, and serve at their direction. The City of Ceres has two seats on the CAC, one of which is currently filled with the term expiring December 31, 2025. Applicants may not be a paid City or County employee.
II. REASONS FOR RECOMMENDATION:
The City Clerk’s Office received an application from Mr. Zuniga Franco to serve on the TRRP CAC. Since there is an open vacancy and an application received, staff recommends the a ppointment of Alvaro Zuniga Franco. The second seat on the TRRP CAC has been vacant since September 2017.
III. FISCAL IMPACTS:
N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
ITEM C
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Staff will inform the Parks , Recreation & Neighborhoods Department with the City of Modesto of the appointment to the Ceres vacancy on the TRRP CAC.
Appr
oved by: ___________________
Douglas D. Dunford
Interim City Manager
Attachments:
1. Attachment A - TRRP CAC Application
ITEM C
ATTACHMENT A
ITEM C
ITEM C
ITEM C
ITEM C
DRAFT MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, April 24, 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
Ma
yor Lopez called the April 24, 2023 meeting to order at 6:00 p.m.
ROLL CALL – Present:
M
ayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A.
Martinez (District 4)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Present Present Present
INVOCATION
I
nvocation by Chris Henry, Valley Christian Center.
PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
A. C
inco de Mayo Proclamation
Nelson Gomez with South Modesto Business United accepted the proclamation.
B. Love Ceres Proclamation
Brandy Meyer accepted the proclamation.
C. Love Ceres Presentation
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
April 24, 2023
Brandy Meyer presented on Love Ceres.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
G
avin Cline with Congressman Duarte’s office spoke regarding the Legislative Breakfast and various activities happening within the Congressman’s office.
Justin Farkas with Assemblyman Alanis’ office spoke regarding the Legislative Breakfast and various activities happening within the Assemblyman’s office.
Destiny Suarez with Senator Alvarado- Gil’s office spoke regarding the Legislative Breakfast.
City Clerk, Fallon Martin, read an email into the record from Alvaro Franco regarding the proposed mobile food vendor ordinance amendment.
APPOINTMENTS TO BOARDS/COMMISSIONS
N
one
CONFLICT OF INTEREST DECLARATION
N
one
CONSENT CALENDAR
Action: M
otion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving items 1–4 and 7–8. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
1. Clerks Report of Posting. The agenda of the April 10, 2023 City Council Meeting was Posted on Wednesday, April 19, 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. Approval of Minutes for the April 10, 2023 Regular City Council Meeting. (City Clerk)
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
April 24, 2023
4. Register of Audited Demand(s) Dated April 5, 2023 through April 12, 2023. (Dias)
5. Removed for separate consideration.
6. Removed for separate consideration.
7. Resolution No. 2023-46, Approving a Five-Year Agreement with Valley First Credit Union for Continued Placement of an ATM at the Ceres Police Department and Authorizing the City Manager to Execute the Agreement. (Collins)
8. Resolution No. 2023-47, Approving a Contract with the California Department of Corrections & Rehabilitation for their Use of the Police Department Range for a Term of Three (3) Years at a Use Rate of $2,100.00 Per Year. (Collins)
9. Removed for separate consideration.
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
Item 5:
Removed for separate consideration by Dave Pratt
Waiver of Second Reading and Adoption of Ordinance No. 2023-1075, Amending Title 18, Zoning, Chapter 25, Off -Street Parking and Loading Standards, Subsection 010, Off-Street Parking Facilities of the Ceres Municipal Code to Allow Excess Vehicular Parking Areas, Beyond the Minimum Required, to be Gravel Surfaces with Certain Conditions. (Hoem)
Dave Pratt spoke regarding the edits to the ordinance to include alternative materials.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren inquired as to whether the final reading of the ordinance meant it was going to pass.
Mayor Lopez closed public comment.
Council and staff discussion included overflow parking.
Action: M otion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving item 5. Motion carried 4/1/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes Yes
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
April 24, 2023
Item 6: Removed for separate consideration by Councilmember Casey
General Correspondence – Information Only
a. Public Works Monthly Report for March 2023. (Royal)
Councilmember Casey spoke regarding the maintenance at Lions Park.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Council and staff discussion included locking bathrooms at Strawberry Fields Park and Public Works looking into both situations at both parks.
Action: M otion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving item 6. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
Item 9: Removed for separate consideration by Dave Pratt
Resolution No. 2023-48, Approving a Budget Amendment to Transfer Funds from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Allocation Fund to the General Fund for Impending Purchases. (Collins)
Dave Pratt spoke regarding the purpose for moving funds.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Council and staff discussion included the purpose of moving the funds to the General Fund.
Action: M
otion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 9. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
April 24, 2023
UNFINISHED BUSINESS
10. R
esolution No. 2023-44, Adopting in Concurrence with Stanislaus Urban County Consortium FY 2023-2024 CDBG and HOME Annual Action Plan and Support of Submission to Housing and Urban Development (HUD). (Hoem)
Community Development Director, Christopher Hoem, introduced the item.
Council and staff discussion include d the vetting process with CDBG, Morrow Village, if projects could still be added to the CDBG list, if HOME funding is still available and if it needs to be in the Annual Action Plan, land acquisition, affordable housing, and funds for the first-time home buyer program.
Ana San Nicolas, Stanislaus County Deputy Housing Director, spoke regarding the approval process of the HOME Annual Action Plan.
Mayor Lopez asked for public comment. The following members of the public spoke:
Dave Pratt inquired whether the funds can be used for sidewalks.
Mayor Lopez closed public comment.
Action: M
otion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 10 , including the supplemental information dated April 24, 2023. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
PUBLIC HEARING
11. O
rdinance No. 2023-1076, Amending the Ceres Municipal Code, Title 5 Business Licenses and Regulations, Chapter 10 Mobile Food Vending from Motor Vehicles to Apply Specific Conditions and to Remove the Limit of 10 Permits Allowed Citywide. (Hoem)
This public hearing will be continued to the May 8, 2023 Regular City Council meeting.
Community Development Director, Christopher Hoem introduced the item and stated a community meeting would be held Wednesday, April 26, 2023 at 5:30 p.m. at the Ceres Community Center.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
April 24, 2023
Mayor Lopez opened the public hearing and asked for public comment. The following members of the public spoke:
Gene Yeakley spoke regarding a designated area/location for food trucks.
John Warren spoke regarding the City’s mobile food vendor ordinance and enforcement.
Mayor Lopez closed the public hearing and public comment.
Action: M
otion by Councilmember Martinez , seconded by
Councilmember Vierra, approving the continuance of the public hearing to the May 8, 2023 Regular City Council meeting. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
NEW BUSINESS
12. R
esolution No. 2023 -49, Approving the Use of General Funds to Sponsor the Annual Love Ceres Event and Authorizing Staff to Move Forward with the Expenditures. (Hoem)
Councilmember Vierra abstained from the item.
Community Development Director, Christopher Hoem introduced the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
Dave Pratt spoke regarding whether funds were provided last year.
Brandy Meyer spoke regarding the need for volunteers for Love Ceres and the contest for naming the Love Ceres mascot.
Chris Vierra inquired why general funds are being used for the sponsorship.
John Warren spoke regarding budgeting this in the future for Parks & Recreation projects.
Mayor Lopez closed public comment.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
April 24, 2023
Action: M otion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 12. Motion carried 4/0/1 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes ABSTAIN Yes Yes Yes
13. Resolution No. 2023 -50, Authorizing the Acceptance of a Donation Valued at $8,015.18 for Waste and Recycling Disposal Containers for the Ceres Community Center and the Purchase and Installation of a Park Bench and Waste Receptacle for Berry Grove Park. (Royal)
Administrative Analyst, Toni Cordell, introduced the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
Liz Hosmer, President of Ceres Rotary Club, spoke regarding Ceres Rotary’s project donation history.
Mayor Lopez closed public comment.
Council and staff discussion included whether the waste receptacles were tamper proof.
Action: M
otion by Councilmember Martinez , seconded by
Councilmember Vierra, approving item 13. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
14. Resolution No. 2023 -51, Authorizing an Amendment to the City of Ceres Purchasing Policy to Include Stipulations for the Preference of Paper Products Containing Postconsumer Recycled Content. (Royal)
Public Works Director, Sam Royal, introduced the item.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Council and staff discussion included the significance of the CalRecycle grant.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
April 24, 2023
Action: M otion by Vice Mayor Silveira , seconded by Councilmember Martinez, approving item 14. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
DISCUSSION ITEMS
15. U
pdate on the Allocation of the First and Second Installments of American Rescue Plan Act (ARPA) Funding. (Dias)
Finance Director, Leticia Dias, introduced the item.
Council and staff discussion on the first installment of ARPA funding included grid pruning, Smyrna Park funding, Code Enforcement, recreational feasibility study funds being used for Costa Fields, appointing a designated City representative/liaison to attend Ceres Youth Baseball board meetings, tabling the ARPA update item to the May 8, 2023 Regular City Council Meeting, recreation trails, and reporting requirements on ARPA funding.
Gerardo Hernandez, Ceres Youth Baseball President, spoke regarding needed renovations at Costa Fields
Action: M
otion by Vice Mayor Silveira , seconded by Councilmember Martinez, approving to table item 15 to the May 8, 2023 Regular City Council Meeting. Motion carried 4/0/1 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
ABSTAIN Yes Yes Yes Yes
Mayor Lopez asked for public comment. The following members of the public spoke:
Chris Vierra spoke regarding whether the ARPA funds could be used for the Love Ceres sponsorship and whether ARPA funds go through the General Fund.
Mayor Lopez closed public comment.
16. Pavement Management Program. (Waugh)
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
April 24, 2023
Engineering Services Director/City Engineer, Kevin Waugh, introduced the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
Gene Yeakley spoke regarding the timeframe of the projects.
Mayor Lopez closed public comment.
Council and staff discussion included concerns received by a citizen, how the roads were selected for the program, if there is enough funding to cover the projects included in the program, why certain roads have been delayed.
Chris Vierra spoke regarding the amount of time to complete the pavement projects.
COUNCILMEMBER REFERRALS
1. R
equest to appoint a City representative/liaison to attend the monthly board meetings for Ceres Youth Baseball.
(Requested by Councilmember Martinez)
2. Request to review Bertolotti contract regarding Leaf and Limb. (Requested by Councilmember Martinez)
3. Request better collaboration to address unhoused individuals. (Requested by Councilmember Vierra)
REPORTS
•
Mayor
Nothing to report.
• City Council
Vice Mayor Silveira spoke regarding June 13
th being the first Concert in the Park and
the upcoming Ceres Street Fair.
Councilmember Martinez spoke regarding Ceres Youth Baseball’s Opening Day.
Councilmember Vierra spoke regarding a job fair on July 6 th, Economic Development
Advisory Committee meeting on April 27th, small business workshop and CUSD Town Hall meeting on April 25th, United Way’s tax preparation, Love Ceres on April 29th, and annual mental health workshop on May 11th.
Councilmember Casey spoke regarding communication improvement to the public.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
April 24, 2023
• City Manager
Nothing to report.
• City Attorney
Nothing to report.
• Departments
Nothing to report.
• County Supervisor
Nothing to report.
CLOSED SESSION
17. P
ublic Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Manager
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
REPORT FROM CLOSED SESSION
M
ayor Lopez reported that direction was provided to staff.
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on May 8, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
T
here being no further business, Mayor Lopez adjourned the meeting at 9:53 p.m.
_____________________________
Javier Lopez, Mayor
____________________________
Fallon Martin, City Clerk
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
April 24, 2023
Cons istent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.
ITEM 3
ITEM 3
DRAFT MINUTES
CITY COUNCIL SPECIAL MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Thursday, April 27, 2023 at 4:30 p.m.
Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez called the April 27, 2023 special meeting to order at 4:30 p.m.
ROLL CALL – Present:
Mayor: Javier Lopez
Vice Mayor: Brett Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniela A.
Martinez (District 4)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Present Present Present
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
CITIZEN COMMUNICATIONS to the Council on items which have been described in the notice of this Special Meeting (five minutes)
None
CLOSED SESSION
1. Public Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Manager
2. Public Employee Discipline/Dismissal/Release, Cal. Gov. Code §54957(b)(1)
3. Public Employee Appointment, Cal. Gov. Code §54957(b)(1) Title: Interim City Manager
ITEM 3
DRAFT MINUTES
Special City Council Meeting
April 27, 2023
REPORT FROM CLOSED SESSION
Mayor Lopez reported that direction was provided to staff.
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on May 8, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
There being no further business, Mayor Lopez adjourned the special meeting at 5:53 p.m.
_____________________________
Javier Lopez, Mayor
______________________________
Fallon Martin, City Clerk
Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.
ITEM 3
DRAFT MINUTES
CITY COUNCIL SPECIAL MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, May 8, 2023 at 5:00 p.m.
Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez called the May 8, 2023 special meeting to order at 5:01 p.m.
ROLL CALL – Present:
Mayor: Javier Lopez
Vice Mayor: Brett Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniela A.
Martinez (District 4)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Arrived at 5:26
p.m. Present Present Present
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
CITIZEN COMMUNICATIONS to the Council on items which have been described in the notice of this Special Meeting (five minutes)
None
CLOSED SESSION
1. Public Employee Discipline/Dismissal/Release, Cal. Gov. Code §54957(b)(1)
2. Public Employee Appointment, Cal. Gov. Code §54957(b)(1) Title: Interim City Manager
REPORT FROM CLOSED SESSION
ITEM 3
DRAFT MINUTES
Special City Council Meeting
May 8, 2023
Mayor Lopez reported the following:
• Council accepted Alex Terrazas’ resignation.
• Council voted 5/0/0 to appoint Doug Dunford as Interim City Manager.
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on May 8, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
There being no further business, Mayor Lopez adjourned the special meeting at 5:39 p.m.
_____________________________
Javier Lopez, Mayor
______________________________
Fallon Martin, City Clerk
Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.
ITEM 3
DRAFT MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, May 8, 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
Ma
yor Lopez called the May 8, 2023 meeting to order at 6:00 p.m.
ROLL CALL – Present:
M
ayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A.
Martinez (District 4)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Present Present Present
INVOCATION
I
nvocation by Tim Giannosa, Big Valley Grace Community Church.
PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
A. P
ublic Service Recognition Week Proclamation
Public Works Director, Sam Royal, accepted the proclamation.
B. Drinking Water Week Proclamation
Ellen Edmonson, Bobby Titus, Samir Royal, and Jeremy Likenhoker accepted the proclamation.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 8, 2023
C. National Stroke Awareness Month Proclamation
Dr. Jaffe, Dorothy Trivedi, and Breanna Cabeceiras accepted the proclamation.
D. National Stroke Awareness Month Presentation
Dr. Jaffe, Dorothy Trivedi, and Breanna Cabeceiras gave a presentation regarding stroke prevention.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
G
ene Yeakley spoke regarding the rules of decorum during City Council meetings.
Dave Pratt spoke regarding the flow of City Council meetings.
APPOINTMENTS TO BOARDS/COMMISSIONS
N
one
CONFLICT OF INTEREST DECLARATION
Councilmember Vierra declared a conflict of interest on Consent item 10 and abstained from voting.
CONSENT CALENDAR
Action: M
otion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving items 1–9. Motion carried 5/0 /0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
1. Clerks Report of Posting. The agenda of the May 8, 2023 City Council Meeting was Posted on Friday, May 5, 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 April 19, 2023 through April 26, 2023. (Dias)
4. Resolution No. 2023-52, Approving a Memorandum of Understanding (MOU) with ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 8, 2023
the Stanislaus County Regional Apprehension Team (RAT) for a Term of Three (3) Years and Authorizing the City Manager or his/her Designee to Execute the MOU. (Collins)
5. Resolution No. 2023-53, Authorizing the City Manager to Approve a Purchase and Sale Agreement of a Portion of the Tuolumne River Regional Park L and to Stanislaus Regional Housing Authority. (Royal)
6. Resolution No. 2023-54, Authorizing the City Manager to Approve a Purchase Order with Ontel Security Services, Inc. f or the Installation of a Security Camera System at the Public Works Corporation Yard. (Royal)
7. Resolution No. 2023-55, Authorizing a Construction Management Service Contract Amendment to ICM Group, I nc., Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Amendments. (Waugh)
8. Resolution No. 2023-56, Authorizing an Amendment to the Current 2022/2023 Budget Project Description and Authorizing the City Manager to Execute a Task Order to Design the Hatch Road 18” Water Transmission Line from Mitchell Road to Richland Avenue. (Waugh)
9. Resolution No. 2023-57, Accepting the Improvements for the Hatch and Herndon Commercial Development as Complete, Accepting the Dedications, Releasing the Improvement Security, Accepting the 12- Month Warranty Bond, and Authorizing Filing of the Notice of Completion. (Waugh)
10. Removed for separate consideration.
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
Item 10
: Removed for separate consideration by Councilmember Vierra Resolution No. 2023-58, Declaring an Intention to Levy and Collect Fees f or the 1987 Landscape and Lighting Districts for Fiscal Year 2023/24 and Direct the City Engineer to Sign and t he Public Works Director to File a n Engineer’s Report, and Establish June 26, 2023 as a Public Hearing f or the Levy o f the Annual Assessments. (Waugh)
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Action: M
otion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 10. Motion carried 4/0/1 by the following roll call vote:
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 8, 2023
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Abstain Yes Yes Yes
UNFINISHED BUSINESS
11. U
pdate on the Allocation of the First and Second Installments of American Rescue Plan Act (ARPA) Funding. (Dias)
Finance Director, Leticia Dias , presented on the First Installment of American Rescue Plan Act Funding.
Mayor Lopez asked for public comment. The following members of the public spoke:
Dave Pratt spoke regarding traffic calming.
John Warren spoke regarding the Hometown Heroes Military Recognition Program.
Mayor Lopez closed public comment.
Finance Director, Leticia Dias, present ed on the Second Installment of American Rescue Plan Act Funding.
Council and staff discussion included both council and staff preparing a list of requested projects for ARPA’s first installment (remainder of funds) and second installment and bringing it back to a future council meeting for discussion and direction.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
PUBLIC HEARING
N
one
NEW BUSINESS
12. R
esolution No. 2023-59, Appointing Doug Dunford to the Position of Interim City Manager, Approving a Budget Amendment, and Approving an Employment Agreement. (City Attorney)
City Attorney, Nubia Goldstein, introduced the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 8, 2023
John Warren welcomed Doug Dunford as the Interim City Manager.
Doug Dunford introduced himself and thanked the City Council.
Mayor Lopez closed public comment.
Action: M
otion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 12. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
DISCUSSION ITEMS
N
one
COUNCILMEMBER REFERRALS
13. A
ppointment to Ceres Youth Baseball Monthly Meetings
(Requested by Councilmember Martinez)
Councilmember Martinez introduced the item.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Action: M
otion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving item 13, appointment of the City Manager or his/her designee to attend Ceres Youth Baseball’s monthly meetings. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
14. Printing City Material in Multiple Languages
(Requested by Councilmember Vierra)
Councilmember Vierra introduced the item.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 8, 2023
Council and staff discussion included the development of a language and translation policy and the timeline for implementation.
Council consensus to bring the item back on a future agenda for further discussion.
REPORTS
•
Mayor
Mayor Lopez spoke regarding the Ceres Street Faire.
• City Council
Councilmember Vierra spoke regarding an upcoming job fair on June 6 th, a Youth
Advisory Committee meeting, Love Ceres event, and Mental Health Awareness Month.
Vice Mayor Silveira spoke regarding Ceres’ Concerts in the Park beginning June 13 th.
Councilmember Martinez spoke regarding the Ceres Street Faire and Love Ceres event.
• City Manager
Acting City Manager, Rick Collins, welcomed Doug Dunford as Interim City Manager.
• City Attorney
City Attorney, Nubia Goldstein, welcomed Doug Dunford as Interim City Manager, and announced the cancellation of the May 22, 2023 Regular City Council meeting due to lack of a quorum.
• Departments
Director of Engineering Services/City Engineer, Kevin Waugh, welcomed Doug Dunford as Interim City Manager.
Redevelopment & Economic Development Manager, Tamra Spade, welcomed Doug Dunford as Interim City Manager, spoke regarding Quick Quack Car Wash’s grand opening on May 9
th, and the Agribusiness Luncheon on May 15th.
• County Supervisor
Nothing to report.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
May 8, 2023
CLOSED SESSION
N
one
REPORT FROM CLOSED SESSION
N
one
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on June 12, 202 3 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
T
here being no further business, Mayor Lopez adjourned the meeting at 7:31 p.m.
_____________________________
Javier Lopez, Mayor
____________________________
Fallon Martin, City Clerk
Co
n sistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.
ITEM 3
ITEM 3
DRAFT MINUTES
CITY COUNCIL SPECIAL MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, June 5, 2023 at 4:00 p.m.
Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
M
ayor Lopez called the June 5, 2023 special meeting to order at 4:01 p.m.
ROLL CALL – Present:
Ma
yor: Javier Lopez
Vice Mayor: Brett Silveira (District 3)
Councilmembers: James Casey (District 1) ; Rosalinda L. Vierra (District 2); Daniel A.
Martinez (District 4)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Arrived at 4:23
p.m. Present Present
PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez.
CITIZEN COMMUNICATIONS to the Council on items which have been described in the notice of this Special Meeting (five minutes)
N
one
CONSENT CALENDAR
Action: M
otion by Councilmember Vierra, seconded by Vice Mayor
Silveira, approving item 1. Motion carried 4/0/1/0 by the following roll call vote:
ITEM 3
DRAFT MINUTES
Special City Council Meeting
June 5, 2023
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Absent Yes Yes
1. Resolution No. 2023 -60, Authorizing the Continuation of a School Resource Officer Agreement with Ceres Unified School District for the School Resource Officers to provide Law Enforcement Services to the School District. (Collins)
PUBLIC HEARING
2. R
esolution No. 2023-61, Adopting the Annual Budget for the City of Ceres for the 2023/2024 Fiscal Year, Approving Positions for Fiscal Year 2023/2024. (Dias) Resolution No. 2023 -62, Adopting the Appropriations Limitation for Fiscal Year 2023-2024. (Dias)
Finance Director, Leticia Dias, introduced the item.
Mayor Lopez opened the public hearing and asked for public comment. The following members of the public spoke:
John Warren spoke regarding the budget being balanced and the cost of animal control.
Mayor Lopez closed the public hearing and public comment.
Council and staff discussion included lighting and landscape district, clerk for the Planning Commission meetings, cost increase for building inspections, fee analysis, Whitmore Mansion, Information Technology upgrading software and Wi- Fi in the Community Center, deposit withholdings from Community Center rentals, FY 2021- 2022 audit completion, Community Center deficit, travel and training budgets, city council budget, revenue increases and projections, and Transient Occupancy Taxes.
Action: M
otion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving Resolution 2023- 61. Motion carried 4/1/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes Yes
Action: M otion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving Resolution 2023- 62. Motion carried 4/1/0/0 by the following roll call vote:
ITEM 3
DRAFT MINUTES
Special City Council Meeting
June 5, 2023
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes Yes
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on June 26, 202 3 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
T
here being no further business, Mayor Lopez adjourned the special meeting at 5:3 2 p.m.
_____________________________
Javier Lopez, Mayor
______________________________
Fallon Martin, City Clerk
Cons
istent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.
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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: June 12, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT: Public Works Monthly Report for April 2023
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 April 2023.
FACILITY SERVICES:
• Completed 182 Facilities Maintenance work orders including: 114 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 68 preventive maintenance services.
• Received a quote for the restroom plumbing remodel at Roeding Park for next year's budget, 2023-2024 at $52,115.
• Tru-Tech completed the re-roofs for Fire Station 15 and FS 18 for a total of 16,300 sq. ft. with a 20-year warranty.
• Event support at Whitmore Park for the Love Ceres event on Saturday, April 29, 2023.
• Completed the annual service for the Bauer Compressor for Modesto Fire for the SCBA air tanks at Fire Station 17.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.
Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, and four (4) Custodians.
ITEM 5
FLEET SERVICES:
Completed 98 work orders
Fleet, Department 20
• C ompleted setup on new Ford Explorer #102 patrol unit. • C ompleted setup of new replacement Explorer K9 unit, pending in-service.
Fire, Department 15
• Received in last of 21/22 fiscal year replacement Ford F150s for Fire Department.
Police, Department 10
• Warranty repairs completed on 2021 Ford Explorer, new engine, and is back in service.
• New patrol unit #102 put in service.
• Four vehicles went to dealer for warranty repairs.
Streets, Department 30
• Received in new pavement grinder/vacuum unit, budgeted item.
Water, Department 35
• N/A
Parks, Department 40
• Large toro mower warranty work completed and is back in service. • Second Toro mower is out of service pending a part backordered from Toro, • no ETA is available at this time per Toro.
• New replacement Ford F250 went into service, 22/23 budget item. • N ew replacement Kubota tractor/front loader arrived in and is in service • 21/22 budgeted item.
Wastewater, Department 25
• Disc. Repair/replacement completed on large wastewater John Deere tractor
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 430 service requests in the following categories:
• Bike Path Repairs: 0
• City Grounds Maintenance: 75
• Park Landscape and Maintenance: 230
• Parks Landscape chemical usage: 1500 gallons Parks / Grounds ITEM 5
• Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow after delivery. Still pending delivery.
• Playground and Equipment Inspections: 10
• Right of Way (ROW) Irrigation Repairs: 89 sprinklers • Park Trees: 56 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 26 • Total Graffiti Vandalism & Repair cost is $3,200.00 for the month of April alone.
Parks sprinklers repaired or replaced:
• Barry Grove – 1 maintenance
• Costa Fields – 1 maintenance, 2 valves replaced
• Don Pedro – 2 vandalisms
• Independence – 0
• Dog Park – 0
• Neel Park – 2 vandalism
• Persephone – 1 maintenance
• Redwood – 2 maintenances
• Riverbluff – 11 maintenances
• Riverview – 2 maintenances
• Roeding Heights – 2 maintenances
• Sam Ryno – 4 maintenances
• Smyrna – 2 maintenances
• Strawberry – 3 vandalism, well motor replaced
• Whitmore – 2 maintenances
Parks General Maintenance/Repairs:
• Serviced all park irrigation wells
• Power washed Covered areas at Smyrna and River Bluff parks • Graffiti removal at Sam Ryno (3), Strawberry (3), River Bluff (2), Roeding (3), Neel (4), Ochoa (4), Persephone (1), Smyrna (8), Don Pedro (3), and Independence (1) parks
Grid Prune by West Coast Arborists (WCA)
• Grid # 3 2020-2021 100% - Completed with 2,343 trees pruned • Gird # 4 2021=2022 99% - Completed with 2,450 trees pruned so far • Grid # 2 2022 – 2023 Started in July 45% completed
• Grid # 1 & 5 uncompleted with a total of 8,571 trees unpruned • Pending: 167 High Risk, 11 Removals and 56 Trims starting FY 2023-24 • Grid Prune has exhausted approved ARPA funds and this program is on hold until next year’s budget is available, FY 2023-24
Grounds
Rights of Way (ROWs):
• Faith Home; modifying enclosure of backflow device in order to make it vandal - proof, due to past vandalisms backflows need to be reinstalled. • River road; backflow devices stolen and pending replacement. Turned off water at River and Canyon Falls.
ITEM 5
• Morgan roundabout; Two (2) separate vehicle accidents causing the artificial grass inside the inner circle to be readjusted.
• Re-staked 4 trees along Eastgate and 2 trees along Fowler Road Sam Ryno:
• Temporarily closed off 2- 5 age (small child) playgrounds due to vandalism, repaired same issues with staircase twice.
• Swings broken, waiting on parts for repair.
• Replaced wood chips around trees and landscaped areas; Love Ceres event.
Smyrna Park:
• Re-staked 4 trees along Presidential walkway due to vandalism Neel Park:
• Planted 26 trees along path at park and playground. Trees were donated by Ceres resident, Mr. Sarabinder Dhaliwal.
• Existing tree near playground was defaced
Whitmore Park
• Rehab Whitmore triangle median with weed fabric and wood chips • Wood chips replaced at Rose Garden for Love Ceres event Riverview Park:
• 6- 12 age Playground fire damage to the slide obstacle, a 6- month lead time for equipment delivery, installation will take place right after delivery. Expected repair work May 30th.
River Bluff Park:
• Playground area - replaced 6 sprinklers due to vandalism. • Gate still closed to L ower Bluff due to f looding. Lower Bluff will be closed until further notice; fences cut 4 times to lower area.
• 1 tree fell over in storm, removed by parks crew.
• Replenished several areas with wood chips at entrance for Love Ceres event. • Trimmed 10 trees along soccer fields.
• Disked basins in park areas and brush hogged dirt areas.
Guillermo Ochoa Park:
• Ongoing maintenance of Carousel and Merry-Go-Round
• Removed Merry-Go-Round wheel due to vandalism, parts arrival still pending. • Brush hogged entire park
Strawberry Fields Park:
• Repaired and replaced irrigation well motor
Lions Park:
• Disked park and cleaned sidewalk areas
City Parks Landscaping and Maintenance is performed by one (1) Supervisor, one (1) Sr.
Parks Maintenance Worker, five (5) Park Maintenance Workers, and one (1) part -time Maintenance Worker.
SOLID WASTE & RECYCLING:
Reminder: The Leaf & Limb collection ended on January 9 th. Any piles placed in the street until October 1st is consider an illegal disposal violation. • Highlights of solid waste and recycling collection by Bertolotti for April 2023 Residential…………………….… 1123.25 tons
ITEM 5
Commercial……………………… 1723.74 tons
Illegal dump (code enforcement) 24.25 tons, 201 locations Illegal dump (Bertolotti) ………. 2.82 tons, 16 locations Bulky items…………………….… 39.59 tons, 109 locations
Leaf/limb (illegal).…………….… 2.87 tons
Street Sweep………………….… 48.52 tons
Residential Organics…………… 672.50 tons
Commercial Organics…………. 323.46 tons
Residential Recycle………….… 157.35 tons
Commercial Recycle …………… 3.26 tons
C&D (Construction/Demolition Debris) 0 tons
Used oil…………………………… 545 gallons
Used oil filter……………...……… 40 each
• There were 1 garbage cart storage violation notice issued in April. • There were 556 organic cart contamination violations issued in April. • The Solid Waste Division participated in the Ceres Street Faire with an information booth on Saturday, May 6th.
• The Ceres Unified School District in partnership with the City of Ceres and sponsored by Bertolotti Disposal participated in the annual Recycling Poster Contest winner’s reception on Tuesday, May 9
th. Twenty-one (21) students were
awarded 1st through 4th place as well as honorable mentions with a certificate and monetary prize in 5 different grade level categories. Over 500 students entered this year’s contest which celebrated its 30
th anniversary this year.
Solid Waste Division work is performed by one (1) Administrative Analyst.
STREETS SERVICES:
• Staff responded to a total of 104 customer service requests • Responded to 170 Underground Service Alerts (USA) markings • Repaired 19 streetlights
• Preformed graffiti removal at Don Pedro Park and at 1705 Lois Way • Repaired storm drain sinkhole at Dale and Eloise
• Disked 38 storm drain ponds
• Disked Lions Park
• Sprayed 39 storm drain ponds for weed control
• Sprayed all storm drain pump lots for weed control
• Sprayed 16 islands for weed control
• Patched numerous potholes
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 Streets/Code Enforcement Maintenance workers. Please note the Streets Division has been down one staff member since January 2022 due to workers comp injury.
WASTEWATER (WWTP):
• Responded to 7 customer service requests and 38 sewer problems, during working hours and after hours.
ITEM 5
• Staff responded to 5 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s). There were (0) SSOs in April which resulted in 0 gallons spilled and recovered.
• Serviced or Repaired:
o Lift Stations – 11
o WWTP Equipment – 15
o Main line sewer plugs – 0
o Aerators – 2
• Staff perform ed weekly landscape maintenance, weed abatement, and levee erosion control.
• Staff checked on force main to Turlock.
• Staff cleaned 24,114 feet of sewer main line.
• Staff CCTV inspected 4,071 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 attended training for Commercial Driver’s & Active Shooter Events. • Staff assisted contractor to install & program 1 new lift station panel. • Staff returned to service 1 repaired Aerator, and installed 1 repaired Aerator. • Staff installed repaired #3 pump at the export station. • Staff installed 2 new additional Smart Covers in trouble spots. • Staff checked & marked 184 USA tickets, which took 26 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer use charges $86,150.84 for the month of April • Modesto sewer use charges $129,186.48 for the month of April • Biochemical Oxygen Demand (BOD) 76 mg/L
• Treated and disposed of 70.00 MG of wastewater with an average of 2.33 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 -in- Training. There are four (4) open Operator positions.
WATER SYSTEM MAINTENANCE:
Water, Department 35
• April 2023 well production was 149.148 million gallons • Average water use for April was 4.97 million gallons per day • Water staff responded to 8 customer service requests
• Water staff responded to 115 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,835
o Meters/radios serviced: 151
o Meters replaced: 7
o Meters upgraded from ¾”, 5/8” to 1”: 0
o New meter installations: 12
o Meters tested for accuracy: 4
• Total valves in water distribution system: 4,402 of which 124 were exercised ITEM 5
• Blow-offs and hydrants flushed: 38
• Water main leaks: 0
• Service line leaks: 2
• Service lines have been replaced: 2
• Hydrants replaced: 0
• Water leak/service line replaced at Jared and McKnight • Installed 8 new meters at Cambridge Estates
• Water staff had formal training on the new Generator at Riverbluff park
Water Conservation, Department 36
April 2023 calculated residential gallons used per person per day: 78.66 • Annual average is 83.75 gallons per person per day
• Responded to 25 water conservation service requests
• Issued courtesy notifications: 74
• Performed 0 water audits
• Delivered 10 water waste warnings and issued 0 water waste fines • Rebates Issued: Dishwasher: 0, Smart Irrigation: 2, ULF Toilets: 1, Washing Machine: 0, and Turf Replacements: 1
Total Rebates YTD: 10
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 April 2023, we had a decrease of 1.31% from the March 2020 production numbers.
Water system maintenance is performed by one (1) Public Works Superintendent, one (1) Administrative Analyst, eight (8) Water Distribution Operators, two (2) Field Service Technicians, and one (1) part-time Water Conservationist.
Approved by: __________________
Douglas D. Dunford
Interim City Manager
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: June 12, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Rick Collins, Police Chief
[email protected], (209) 538-5725
SUBJECT: Resolution No. 2023-63, Authorizing the Purchase of License Plate Readers (LPRs) for the Police Department
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council authorize the purchase of License Plate Readers (LPRs) for the Police Department.
I. BACKG
ROUND:
The Vigilant LPR program at the Police Department continues to show success as we have been able to recover stolen vehicles, make arrests of subjects, and use the Vigilant LPR systems to assist in solving cases, including an attempted murder case. Our current Vigilant LPR systems have scanned 1,352,229 plates as of April 18, 2023. This does not include the demo system currently at Service and Mitchell, which averages 150,000 scans each week.
We currently have three (3) patrol vehicles that are equipped with Vigilant LPR cameras.
The three (3) vehicles have scanned 661,897 plates since being in service at the end of 2022.
II.
R EASONS FOR RECOMMENDATION:
We currently have $42,250.00 in the 2022- 2023 FY budget (26210.050800) for the purchase of additional LPR systems from Vigilant.
We are requesting Council’s approval to move forward with spending these funds on the following purchases:
• Vigilant Mobile LPR system s for two (2) additional vehicle s. These systems will include three (3) LPR cameras for each vehicle. Vigilant is giving us a $1,000.000 ITEM 6
credit for the old LPR system from Unit 101 that has been inoperable for several years.
o Subtotal: $ 26,190.00
o Credit: - $ 1,000.00
o Total Cost: $25,190.00
o Includes 1 year of software licensing
• Two (2) Vigilant Rapid Deployment Cameras that include solar panels to provide power to the cameras. The cameras will require SIM cards to allow remote access for monitoring from city phones. These cameras are mobile and can be moved to areas that need to be monitored.
o Total Cost: $7,400.00
• Vigilant Mobile Companion App + Multi-Plate Scan – 3 User Licenses o Total Cost: $900.00 ($300.00 per user)
o Includes 1 year of software licensing for 3 user licenses
• Vigilant Camera Licensing & Vigilant LEARN Data Hosting o Total Cost: $3,150.00
• Vigilant Technical Services: Start Up & Commissioning of “In Field” LPR Sys tem for two (2) vehicles
o Total Cost: $1,880.00
• Vigilant Travel via Client Site Visit
o Total Cost: $500.00
• Shipping and Taxes
o Total Cost: $3,229.84
III. F ISCAL IMPACTS :
There is $42,250.00 budgeted in 26210.050800 for this purchase. The total cost for the items above is $42,249.84.
Moving forward there will be an annual cost of $4,050.00 for software licensing & LEARN Data Hosting that the PD will need to include in their annual budget:
• $ 525.00 per camera per year
o There are six (6) cameras that will require annual software licensing for a total of $3,150.00.
• $300.00 per Mobile Companion App user license per year:
o There are three (3) user licenses that will require annual licenses for a total of $900.00.
ITEM 6
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
Approval of this purchase fulfills the strategic plan for Government Operations: “Provide quality services to meet community needs, assuring that the City has…well trained and properly equipped…staff.”
V. P
OLICY ALTERNATIVES :
Council could choose to not approve this purchase. The police department would continue to use the LPRs it currently has.
VI. I
NTERDEPARTMENTAL COORDINATION:
N/A
VII. P UBLIC PARTICIPATION:
N/A
VIII. EN VIRONMENTAL REVIEW :
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval, Staff will move forward with purchasing the Vigilant LPRs.
Approved by: __________________
Douglas D. Dunford
Interim City Manager
Attachments:
1. A ttachment A – Resolution 2023-63
2. Attachment B – Sole Source Letter
3. Attachment C – Quote
ITEM 6
ITEM 6
ATTACHMENT A
RESOLUTION NO. 2023-63
AUTHORIZING THE PURCHASE OF LICENSE PLATE READERS
(LPRS) FOR THE POLICE DEPARTMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the Police Department currently has a successful LPR program with LPR systems on three (3) vehicles; and
WHEREAS, there is $42,250.00 budgeted in 26210.050800 to purchase additional LPRs during the 2022-2023 fiscal year; and
WHEREAS, the on- going fiscal impacts for annual software licensing can be included in future budgets.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the purchase of license plate readers (LPRs) for the Police Department.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12
th day of June 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6
ATTACHMENT B
Memorandum
June 6, 2023
To: Finance
Re: Sole Source Letter – Vigilant Solutions
Vigilant Solutions is used by other law enforcement agencies in the county which allows us to share data with one another. This data-sharing helps with investigations and tracking criminals who travel from area to area. Some of the agencies in the county who use Vigilant are: Stanislaus County Sheriff, Modesto Police Department and Oakdale Police Department.
Vigilant Solutions systems are DOJ compliant and linked with State and Federal systems allowing us to identify license plates associated with wanted persons, felons and missing persons. These links are updated every few hours to provide us the best and most accurate data.
Vigilant Solutions also us access to their Commercial Data which provides information on bank scout cars and repossessed cars.
Vigilant Solutions provides 24 hour technical and training support.
For the reasons stated above, it is my recommendation that Vigilant Solutions be considered a Sole Source Provider.
Rick Collins
Chief of Police
Rick Collins
Chief of Police
[email protected]
209-538-5726
ITEM 6
ITEM 6
VYLELT,^'*'
Vigilant Solutions, LLC
P.O Box 841001
Dallas, Texas 75202
(P) 925{98-207e (F) 925-398-2113
@ norcnorr. soLUTtoNs
lssued To: Ceres Police Department - Attention: David McCann Date: 04-18-23 Project Name: LsM (Upgrade) - Ceres CA Quote lD: LOW-0632-04
PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:
Mobile Hardware
One Time Cost
atv Item # Description
(1) Mobile LPR SYS-2
cDM-3-234-L5M
$12,000.00 Each
Mobile LPR 3-Camera LsM High-Definition System (Expandable to 4 Cams) Hardware:
. OtY=1 8mm lens Package
. Oty=1 12mm lens package
. Oty=1 16mm lens package
. VLP-5200 Processing Unit
. Wiring hamess W ignition control (Direct to Battery)
o Single Point Power connection
. Field installed GPS antenna
Software:
. CarDetector Mobile LPR software application icr MDC unit o LPR vehicle license plate scanning / real time alerting o Fullsuite of LPR tools including video tool set
Subtotal Price $12,000.00
(1) Mobile LPR SYS-1
cDM-3-234-L5M
$'12.000.00 Each
Mobile LPR 3.camera LsM High-Definition System (Expandable to 4 cams) Hardware:
. aty=1 8mm lens Package
. Oty=1 12mm lens package
. Oty=1 16mm lens package
. VLP-5200 Processing Unit
. Wring harness w/ ignition control (Direct to Battery) o Single point Power connection
. Field installed GPS antenna
Software:
. CarDetector Mobile LPR sofrware application for MDC unit o LPR vehicle license piate scanning / realtime alerting o Full suite of LPR tools including video tool set
Subtotal Price $12,000.00
ATTACHMENT C
ITEM 6
(2) VS-LBB-02.E
$1,095.00 Each
LPR Camera Mounting Brackets - Light Bar Mounting Style - Complete Set . LPR Camera Mounting Bracket - Rooftop under light bar . Compatible with most Whelen, Code3, TOMAR, Federal Signal, Arjent 52 Light Bars . Mounts up to four (4) LPR cameras
Subtotal Price $2,190.00
Camera Licensing & LEARN Data Hosting
Annual Cost
1 Year Coverage
otv Item # Description
(1) vsBscsvc-01
$3,150.00 Each
vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments . Managed/hosted server account services by Vigilant
o lncludes access to all LEARN or Client Portal and CarDetector sofrware updates . Priced per camera per year for up to 14 total camera units registered . Requires new/existing Enterprise Service Agreement (ESA) Subtotal Price $3,150.00
Technical Services
One Time Cost
otv Item # Description
(2) SSU-SYS-COM
$940.00 Each
Vigilant System Start Up & Commissioning of 'ln Field' LPR system . Vigilant technician to visit customer site
. lncludes system start up, configuration and commissioning of LPR system o lncludes CDM/CDF Training
. Applies to mobile (1 System)and fixed (1 Camera) LPR systems Subtotal Price $1 ,880.00
(1) VS-TRVL-o1
$500.00 Each
Vigilant Travel via Client Site Visit
. Vigilant certified technician to visit client site
. lncludes all travel costs for onsite support services Subtotal Price $500.00
Hardware Upgrade Credit
One Time Credit
otv Item # Description
(1) U pg rade-C red it
'$1,000.00 Each
Hardware upgrade credit for PIPS Mobile System.
Subtotal Price -$1,000.00
ITEM 6
oty Item # Description
12) VSF-L5Q.S.KIT
$3,700.00 Each
LsQ Quick Deploy LPR Camera System
Offer lncludes:
. Small form-factor camera with solar-panel and integrated battery . Pole mount bracket
. SD Card for local storage/buffering
. Camera Security Enclosure
. Optional 12V power cord, sold separately
Ootional. Sold Separatelv:
. System may be user installed
o Professional installation services sold separately
Subtotal Price $7,400.00
LSQ Hardware
One Time Cost
Phone App
Annual Cost
1 Year Service
otv Item # Description
(3) VS-MC-MP.S
$300.00 Each
Mobile Companion App + Multi-Plate Single User License
. One (1) Concurrent Mobile Companion User License
. Unlimited use of multi-plate Scan feature
. Requires LEARN and/or Client Portal account
o Law Enforcement Data Sharing Option Purchased Separately . Priced per license
. Billed annually as a Subscription
Subtotal Price $900.00
Delivery
1tv
(2)
Item # Description
vs-sHP-01
$130.00 Each
vigilant Shipping Charges - Mobile
. Applies to each Mobile LPR System
. Shipping Method is FOB Shipping
Subtotal Price $260.00
(2) VS-SHP.O2
$77.50 Each
vigilant Shipping Charges - Fixed or Comms
. Applies to each fixed camera LPR System
. Or Communication Box Purchased without LPR System
. Shipping Method is FOB Shipping
Subtotal Price $1s5.00
ITEM 6
(1) Sales Tax
$2,8'14.84 Each
Sales Tax @ 8.38% of $33,590.00 = $2,8'14.84
Subtotal Price $2,814.84
Quote Notes:
'l . All prices are quoted in USD and will remain flrm and in effect for 60 days.
2. Returns or exchanges will incur a 15% restocking fee.
3. Orders requiring immediate shipment may be subject to a 15% Quickship fee.
4. This Quote does not include anything outside the above stated bill of materials.
5. Motorola's Master Customer Agreement and all applicable addenda, available at https:/ vww.motorolasolutions.com/en_us/abouulegal. html shall govern the products and services, and is incorporated herein by this reference.
6. Hardware installation is not included.
7. Customer to conflrm vehicle and light bar type prior to order.
8. One time hardware upgrade credit.
9. Demo hardware discount for L5Q cameras.
10. Camera Licensing & LEARN hosting is not included for LSQ cameras. 1 1. Customer to provide cellular data SlMs for L5Q cameras.
Quoted by: Louis Wershaw - 209-283-0990 - [email protected] Subtotal Price $43,249.84
Total Discount $1,000.00
Total Price $42,249.84
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: June 12, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Kevin Waugh, P.E., City Engineer
[email protected], (209) 538-5775
SUBJECT: Resolution No. 2023-64, Approving the FY 2023-2024 Project List to be Funded with Senate Bill 1 (SB 1): “The Road Repair and Accountability Act of 2017”
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve the FY 2023 -2024 project list to be funded by (SB 1), “The Road Repair and Accountability Act of 2017.”
I. BACKG ROUND:
On April 28, 2017, the Governor signed Senate Bill 1 (SB 1), which is known as the Road Repair and Accountability Act of 2017. The primary focus of that Bill is to address basic road maintenance, rehabilitation and critical safety needs on both the state highways and local streets and road systems. One of the criteria for funding requires cities to submit an approved project list to the California Transportation Commission by July 1st of every year.
The proposed project list must be adopted by Council and included into the FY 2023- 24 budget to be eligible for funding.
Beginning November 1, 2017, the State Controller’s Office will deposit various portions of this funding into the newly created Road Maintenance and Rehabilitation Account (RMRA).
These funds will be distributed to the State, Counties and Cities in monthly installments.
Ceres is estimated to receive $ 1,211,242 for FY 2023 -24 to expend on local projects (Exhibit A).
The City is r eceiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1. The City uses a Pavement Management System to help develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment.
ITEM 7
The funding from this year’s SB 1 will partially fund the preservation and rehabilitation of pavement on two streets totaling approximately 2 centerline miles in the City. The attached Exhibit A identifies the project title, location, estimated cost, estimated start date, estimated completion date and life expectancies of the improvements.
II.
REASONS FOR RECOMMENDATION:
SB1 requires that cities identify projects receiving RMRA for the FY2023- 24 and incorporate projects into their budget prior to receiving SB1 funding.
III. F ISCAL IMPACTS :
It is estimated that the City will receive and expend approximately $ 1,211,242 in SB1 funding in FY 2023-24.
IV. EXI STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :
These projects are in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.
V. PO LICY ALTERNATIVES:
Council approval of the project list is required prior to consideration and approval by the California Transportation Commission. The City Council can choose to not approve SB1 funding for these projects. This is not recommended as the intended projects would be underfunded and funds would not be available to the City.
VI. I
NTERDEPARTMENTAL COORDINATION :
The Engineering Services Department has coordinated with the Public Works Department.
VII. P UBLIC PARTICIPATION:
There are no committee or public participation events needed or anticipated for this action.
VIII. EN VIRONMENTAL REVIEW :
There is no environmental review needed for this action. Proposed projects will go through environmental review as necessary during the design phase.
IX. STEPS FOLLOWING APPROVAL:
Adopt resolution and submit project requirements for SB1 funding and incorporate into FY 2023-24 budget.
Approved by: __________________
Douglas D. Dunford
Interim City Manager
ITEM 7
Attachments:
1. Attachment A – Resolution 2023-64
2. Attachment B – Project List
3. Attachment C – Moffett Road Vicinity Map
4. Attachment D – Whitmore Overlay Vicinity Map
5. Attachment E – SB1 Project List Presentation
ITEM 7
ITEM 7
ATTACHMENT A
RESOLUTION NO. 2023-64
APPROVING THE FY 2023-2024 PROJECT LIST TO BE FUNDED WITH SENATE BILL 1 (SB 1): “THE ROAD REPAIR AND ACCOUTABILITY ACT OF 2017”
THE CITY COUNCIL
City of Ceres
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $1,211,242 RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 fundi ng and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City used a Pavement Management System to help develop the SB 1 project list to ensure revenues are being used on the most high- priority and cost- effective projects that also meet the communities’ priorities for transportation investment; and
WHEREAS, the funding from SB 1 will partially fund the preservation and rehabilitation of pavements on two streets totaling approximately 2 centerline miles in the City; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an “ At Risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade we anticipate our streets and roads will be in a “Good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete ITEM 7
ATTACHMENT A
streets infrastructure, and using cutting- edge technology, materials and practices, provides economic growth and stability in our transportation network to move goods and services; and
WHEREAS, the SB 1 project list and required information is identified in Exhibit A which includes newly proposed and relisted projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the FY 2023- 2024 project list to be funded with Senate Bill 1 (SB 1): “The Road Repair and Accountability Act of 2017.”
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12
th day of June 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_______________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Fallon Martin, City Clerk
ITEM 7
Project
Identifier Project Title Project Description Location
Estimated Cost
(Partially Funded w/
SB1)
Estimated Project
Start Date
Estimated Project
Completion Date
Project
Expected
Life
FY 23/24 -1
RELISTED (RP005) Whitmore Ave Pavement
Rehabilitation Project
Construction to include pavement overlay and
reconstruction of existing pavement including
curb ramp and sidewalk reconstruction, traffic
striping and associated roadway improvements
Whitmore Ave - Crows Landing Rd
to Morgan Rd $2,010,100 Apr-24 Dec-24
10 - 15
Years
FY 22/23 -2 NEW FY 23-24 Moffet Road Rehabilitation
Pre-Construction work will icnlude the design for
project that will include an overlay and
reconstruction of existing pavement, curb ramp
and sidewalk reconstruction, traffic striping and
associated roadway improvements.
Moffett Avenue from Whitmore
Ave to Hatch Road $1,400,000 Aug-23 Mar-24
10 - 15
Years
Exhibit "A"
ATTACHMENT B
ITEM 7
ITEM 7
CITY OF MODESTO
CITY OF CERES
PROJECT SITE
MOFFET RD. OVERLAY
PROJECT
CITY OF CERESSTBG Call FFY23 & FFY24
Moffet Rd. (Whitmore Ave. to Hatch Rd.)
Overlay Project
ATTACHMENT C
ITEM 7
ITEM 7
CITY OF MODESTO
CITY OF CERES
PROJECT SITE
WHITMORE AVE. OVERLAY
PROJECT
CITY OF CERESSTBG Call FFY23 & FFY24
Whitmore Ave. (Crows Landing Rd. to Morgan Rd.)
Overlay Project
ATTACHMENT D
ITEM 7
ITEM 7
SB 1 Project List
Fiscal Year 2023-24
Presented to Council on June 12,2023
ATTACHMENT E
ITEM 7
Project Title
Whitmore Ave Pavement Rehabilitation Project (RP005)
Legend
2000 ft
N➤➤
N
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus
ITEM 7
Project Title
Moffett Road Rehabilitation (Hatch Rd to Whitmore Ave)
Legend
3000 ft
N➤➤
N
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus
ITEM 7
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: June 12, 2023
TO:
FR
OM:
CONT
ACT:
SUBJECT:
Mayor and City Council
Douglas D. Dunford, Interim City Manager
Kevin Waugh, P.E., City Engineer
[email protected], (209) 538-5775
Resolution
No. 2023-65, Rescinding Resolution No. 2023-5 5 and
Authorizing a Construction Management Service Contract Amendment to ICM Group Inc ., Authorizing a Budget Amendment, and Authorizing the Interim City Manager to Execute the Amendments
RECOMMENDED COUNCIL ACTION:
Staff recommends that City Council rescind resolution 2023 – 55 and authorize an amendment for construction management services to ICM Group Inc., and to authorize a budget amendment for the River Bluff Reservoir and Pump Station Project (P18- 020), and to authorize the Interim City Manager to execute the contract amendment.
I. BACKGRO UND:
The Ceres City Council has previously passed a resolution approving the amendment to the construction management services agreement with ICM Group Inc on May 8th Council Meeting. (See Resolution 2023-55). Staff determined that it was necessary to bring back the item to amend the contract to increase the cost of the project as shown in Exhibit C.
ICM currently provides construction management services to oversee the construction of a three-million-gallon water storage tank and all the necessary components, such as a booster pumping facility, standby generator, and electrical building with controls along with the telemetry system to communicate back to the Stanislaus Regional Water Authority (SRWA) treatment plant.
The Stanislaus Regional Water Authority (SRWA), a Joint Power Authority (JPA), is responsible for constructing the Regional Surface Water Supply Project to supply high- quality drinking water to our terminal reservoir tank. Due to the supply chain and material delays in the semiconductor industry, the SRWA treatment plant is delayed. Missing electrical components have also delayed our River Bluff Reservoir and Pump Project.
ITEM 8
Project completion and sta rt up activities require additional construction management oversight.
II. REASONS FOR RECOMMENDATION :
Supply chain issues and delays in procurement of necessary electrical materials for the River Bluff Reservoir Pump Station Project has been significantly delayed project completion and start up activities. The completion date of the project has been extended for an additional twelve months to correspond to the completion of the SRWA treatment plant. As result, additional construction management services are required to continue construction management oversight and start-up activities.
III. FISCAL IMPACTS:
The ICM c ontract amendment for construction management services provides an additional $238,561.00 to complete the project. A Budget Amendment appropriation of $240,000.00 is needed from the W ater Enterprise Fund in account number 527.95.800500.
IV. EXISTING POLICY / R ELATIONSHIP TO THE STRATEGIC PLAN:
Thi
s project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
The Engineering Services Department coordinated with the Public Works Department.
VII. PUBLIC PARTICIPATION:
Public participation is not required for the approval of the budget amendment and contract amendment.
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOL LOWING APPROVAL:
Execute construction management services, amendment, and budget amendment.
Approved by: __________________
Douglas D. Dunford
Interim City Manager
ITEM 8
Attachments:
1. Attachment A – Resolution 2023-65
2. Attachment B – Budget Amendment
3. Attachment C – ICM Group Inc Proposal
4. Attachment D – Contract Amendment
5. Attachment E – Resolution 2023 -55 w/Budget Amendment Dated May 8, 2023 ITEM 8
ITEM 8
ATTACHMENT A
RESOLUTION NO. 2023-65
RESCINDING RESOLUTION NO. 2023-55 AND AUTHORIZING A
CONSTRUCTION MANAGEMENT SERVICE CONTRACT AMENDMENT TO
ICM GROUP, INC., AUTHORIZING A BUDGET AMENDMENT, AND
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE
AMENDMENTS
THE CITY COUNCIL
City of Ceres
W
HEREAS, ICM Group is currently providing construction management services for River Bluff Reservoir & Pump Station Project; and
WHEREAS, supply chain issues and semi-conductor delivery dates have delayed material deliveries and extended project completion by twelve months; and WHEREAS, continued construction management se rvices are r equired to oversee the construction completion and startup activities; and
WHEREAS, the quote for this contract amendment was received from IC M Group Inc., in the amount of $238,561.00 to complete the project; and
WHEREAS, a budget amendment is necessary to complete the said project, funding will be appropriated into the account number 527.95.800500 in the amount of $240,000.00 for the Water Enterprise Fund; and
WHEREAS, a previous resolution was adopted by the City Council under the Resolution No. 2023-55 at the May 8, 2023 City Counci l meeting; and WHEREAS, staff determined that it was necessary to bring back the item to amend the contract to increase the budget for the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby rescind R esolution No. 2023 -55 and authorizes a construction management service contract amendment to ICM Group, Inc ., authorizes a budget amendment, and authori zes the Interim City Manager to execute the amendments.
BE IT FURTHER RESOLVED the Director of Finance is hereby authorized and directed to record the appropriate accounting entries.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of June 2023, by the following vote:
AYES: C
ouncilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8
ATTACHMENT B
Budget Amendment No.
Fiscal Year 2022 - 2023
Reference Resolution No. 2023-65, dated June 12, 2023
authorizing appropriations for the Construction Management Service Contract Amendment as follows:
Appropriations:
Fund Name Fund
No.
Dept.
No.
Object
No.
Appropriation
Amount
Water Service Fund 527 95 800500 $240,000.00
Requested Appropriation $240,000.00
2022 - 2023 Current Appropriation $631,028.00
Total Appropriation $871,028.00
Estimated Revenues:
Fund Name Fund
No.
Type
No.
Object
No.
Estimated
Revenue Amt.
Total Estimated Revenue
2021 - 2022 Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:
ITEM 8
ITEM 8
7040 Settlers Trail
Shingle Springs, CA 95682
www.icmgroupusa.com Phone 916-792-9871
ICM
March 20, 2023
Mr. Kevin Waugh, PE
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
RE: River Bluff Reservoir and Pump Station Project
Subject: Proposed Amendment 1 Budget
Dear Kevin,
We are pleased to present this proposal for providing additional construction management and inspection services for the River Bluff Reservoir and Pump Station Project. We have been diligently progressing the work; however, a few tasks have expanded due to the following:
1. The original CM Contract anticipated a Project completion date ending in February 2022. SRWA Project delays have impacted the Project duration such that Project Final Completion is now expected in September 2023 with consequent increased construction management and inspection time.
2. Extended construction duration due to electrical equipment supply chain issues with consequent increased construction management and inspection time.
3. Design and construction issues requiring additional construction management and inspection resources.
4. Change order negotiations that required increased construction management support.
5. Extended soil testing.
Attached is our proposed Amendment 1 budget and Scope of Services to account for the expanded tasks. If you have any questions or comments, please let me know. Thank you for choosing ICM for this very important Project.
Sincerely,
Inferrera construction Management Group, Inc.
Jeffrey Inferrera, PE
President
Enclosure
ATTACHMENT C
ITEM 8
Scope of Services - Amendment 1
The following Scope of Services will continue as needed:
Construction Management Services
• Conduct Progress Meetings and distribute minutes.
• Conduct special meetings, as needed, and distribute minutes. • Review contractor’s monthly update schedules.
• Review and recommend for approval contractor’s payment applications. • Initiate, review, and process change orders.
Construction Inspection Services
• Inspection, as needed.
• Provide daily reports.
• Provide photographs of project progress, issues, and features of work.
Special Inspection
• Provide compaction testing of subgrade, soils, and aggregate base, as needed.
Post Construction/Close out
• Prepare a Punchlist and update it regularly.
• Provide Final Inspection and document.
• Assist Owner with Close Out Paperwork.
• Provide Owner with a File Transfer of Project documentation.
Other applicable Scope of Services and Exclusions from the original Contract apply.
ITEM 8
City of Ceres Local Facilities Project
ICM's Estimated Budget for CM and Inspection Services Amendment 1 S.C. F.C Total
Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Total Amend. 1 Role Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Rate Budget Construction Manager 68 43 40 40 40 12 12 12 12 12 40 12 343 189$ 64,827$ Construction Inspector 109 132 120.5 120 120 120 16 16 16 16 160 12 957.5 147$ 140,753$ Electrical Inspector 3 4 8 16 16 16 16 79 168$ 13,272$ Administrator 20 8 8 8 8 8 2 2 2 2 8 8 84 84$ 7,056$ Coatings Inspector -$
Material Testing 18,520$
Adminstrative Fee 1,852$
Expenses
Vehicle, Monthly 1 1 1 1 1 1 1 7 1,575$ 11,025$
Vehicle, Daily 6 6 6 6 6 6 6 6 6 6 6 6 72 63$ 4,536$ Computer 1 1 1 1 1 1 1 7 121$ 845$
Phone/Internet 1 1 1 1 1 1 1 7 63$ 441$
Original Budget 631,028.00$
Expended Budget 631,028.00$
October Actual Amount within Budget 24,501.89$
October Actual Amount Over Budget 21,743.00$
November Actual Amount Over Budget 33,871.49$
Estimated Remaining Budget Needed 182,947.00$
Grand Total Amendment 1 238,561$
Notes:
Swgr = Switchgear arrives November, 2023
S.C = Substantial Completion
F.C. = Final Completion
23-Dec-22 ICM
ITEM 8
ITEM 8
FIRST AMENDMENT TO AN EXISTING CONTRACT
WITH ICM GROUP, INC.
FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CITY OF CERES LOCAL
FACILITIES PROJECT
RECITAL
S
1. Pursua
nt to Ceres City Council Resolution No. 2020 -111 the City of Ceres (CITY) and ICM Group, Inc (CONTRACTOR) entered into a contract October 26, 2020, for the provision of construction management services for the City of Ceres local facilities project; River Bluff Reservoir and Pump Station Project (P18-020).
2. The term
of the October 2 6, 2020 contract was agreed upon an anticipated completion date ending in February 2022, with a provision to accept extensions for good cause. The CONTRACTOR and CITY have agreed to extend the contract to September 2023 with this Amendment 1 to Scope of Services and Budget Amendment.
3. Amende
d compensation for services provided to not exceed the initial limit of $631,028.00 (Reso. 2020-111) and Amendment 1 amount of $238,561.00 (Reso 2023- 55) for a total of $869,589.00, without additional authorization from the City Council.
NOW THE
REFORE, the parties agree as follows:
1. Grand t
otal of project amount not to exceed $869,589.00 and includes expanded tasks.
2. All of the remaining terms and conditions of the contract shall remain unchanged.
3. This Amendment shall become effective only upon its approval by the City Manager of the City of Ceres.
IN WI
TNESS WHEREOF, the parties have executed this FIRST AMENDMENT TO CONTRACT on the dates indicated below.
Dated: __
_________________, 2023 Dated: ___________________, 2023 CITY O
F CERES, A Municipal Corporation CONTRACTOR, ICM Group, Inc.
By: ____
_______________________ By: ______________________________ Doug Dunford, Interim City Manager Jeffrey Inferrera, PE APPROVED AS TO FORM:
ATTACHMENT D
______________________________
Nubia Goldstein, City Attorney
ITEM 8
ITEM 8
ATTACHMENT E
ITEM 8
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: June 12, 2023
TO:
FR
OM:
CONT
ACT:
SUBJECT:
Mayor and City Council
Douglas D. Dunford, Interim City Manager
Sam Royal, Public Works Director
[email protected], (209) 538-5717
Resolution
No. 2023-66, Authorizing the Interim City Manager to
A
pprove a Budget Amendment and Contract with Jeremy Damas for Public Works Project Management and Consultation and to Serve as the Chief Operator of the Water System
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve a contract with Jeremy Damas for Public Works Project and Program Management Consultation Services and to serve as the City’s Chief Operator of the Water System.
I. BACKGROUND:
The C
ity of Ceres is regulated by several boards and commissions as they relate to Water, Stormwater, and Wastewater standards. The City must maintain licenses and permits, meet reporting requirements , and adhere to strict legal requirements and compliance regulations. Complying with the State of California’s water laws is of utmost importance to ensure the residents have safe drinking water, that wastewater quality is monitored prior to discharge, and storm water regulations are followed to protect local waterways.
The w
ater laws and regulations of California are extensive and require dedicated time and knowledge in order to stay current on these laws and expectations the City is to oblige by. By state law, the City must have employees or consultants who are certified in specific areas to meet the state’s requirement and have an assigned Chief Water Operator for the water system who holds these certifications. Staff has determined it to be in the best interest of the City to hire a consultant to fulfill these requirements.
A R
equest for Proposals was sent out and due back by May 22, 2023. The Scope of Services called for a firm that could serve as Chief Water Distribution Officer, Chief Water Treatment Operator, and Radiation Safety Officer. It also called for technical support for water system operations, surface water introduction, water permit amendments, document writing, and direct support for the Public Works Director.
ITEM 9
II. REASONS FOR RECOMMENDATION:
Jeremy Damas was the previous Public Works Director and currently holds the certifications required by the RFP. He has extensive background knowledge on current Public Works projects, as well as future projects and impending regulations and laws on the horizon. Staff feels that the City will benefit greatly from his expertise and can rely confidently on his guidance, direction, and ability to maintain records. Jeremy will also act as liaison to the State Water Board and sit on several environmental boar ds and commissions. Staff is assured that he can perform all services necessary in an efficient and professional manner and his bid submittal demonstrates a clear understanding of the project and necessary resources to perform the intended services.
III. FI
SCAL IMPACTS:
A budget amendment , attached hereto as Exhibit A, will need to be processed, staff is asking to allocate $2 4,000.00 from Wastewater revenue fund 567.25.800500 and $72,000.00 from Water revenue fund 527.35.800500 which is a 25/75 percent split of the total $9 6,000.00 contract amount. For optional contract extensions, funding will be budgeted in future budget planning.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
The recommended action supports the Government Operations sections of the strategic plan, “Providing quality services to meet community needs, assuring the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services.”
V. POLICY ALTERNATIVES:
Shoul
d the Council decide not to approve the contract, the City will not have an identifiable and certified Chief Operator of the Water System and will fall out of compliance with current permits and several governing agencies, including the State Water Resources Control Board.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
V
III. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon a
pproval, the Interim City Manager shall execute the contract and the Finance Director shall make the appropriate accounting entries.
ITEM 9
Appr
oved by: ___________________
Douglas D. Dunford
Interim City Manager
Atta
chments:
1. Attachment A – Resolution 2023-66
2. Attachment B – Contract
3. Attachment C – Budget Amendment
ITEM 9
ITEM 9
ATTACHMENT A
RESOLUTION NO. 2023-66
AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE A BUDGET
AMENDMENT AND CONTRACT WITH JEREMY DAMAS FOR PUBLIC
WORKS PROJECT MANAGEMENT AND CONSULTATION AND TO SERVE
AS THE CHIEF OPERATOR OF THE WATER SYSTEM
THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres is regulated by several boards and commissions as they relate to Water, Stormwater, and Wastewater standards and must maintain licenses and permits, meet reporting requirements, and adhere to strict legal requirements and compliance regulations; and
WHEREAS, the City must have employees or consultants who are certified in specific areas to meet the state’s requirement and have an assigned Chief Water Operator for the water system who holds these certifications; and
WHEREAS, an RFP was sent out which called for a firm that could serve as Chief Water Distribution Officer, Chief Water Treatment Operator, and Radiation Safety Officer as well as for technical support for water system operations, surface water introduction, water permit amendments, document writing, and direct support for the Public Works Director; and WHEREAS, staff is assured that Jeremy Damas can perform all services necessary in an efficient and professional manner and his bid submittal demonstrates a clear understanding of the project and necessary resources to perform the intended services; and WHEREAS, a budget amendment will need to be processed, staff is asking to allocate $24,000.00 from Wastewater revenue fund 567.25.800500 and $72,000.00 from Water revenue fund 527.35.800500 which is a 25/75 percent split of the total $96,000.00 contract amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the Interim City Manager to approve a budget amendment and contract with Jeremy Damas for Public Works Project Management and Consultation and to serve as the Chief Operator of the Water system.
BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of June 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9
ATTACMENT B
AGREEMENT
FOR
PROFESSIONAL CONSULTATION SERVICES
TH
IS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 12th day of JUNE 2023, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and JEREMY DAMAS, hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.
NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES / PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide the contracted services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the CITY entering into this Agreement, CONTRACTOR represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by contractors in similar circumstances in accordance with sound practices and that CONTRACTOR is experienced in performing the work and services contemplated herein. CONTRACTOR covenants that it will follow sound practices and standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.
2. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.
ITEM 9
ATTACMENT B
3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.
4. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that
CONTRACTOR: (a) has thoroughly investigated and considered the Scope of Services to be performed; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR’S risk until written instructions are received from the City’s contract officer for this Agreement (“Contract Officer”).
5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
ITEM 9
ATTACMENT B
6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONTRACTOR, incorporating therein any adjustment in (i) the contract sum, as set forth in Exhibit A, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by City Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation, therefore.
7. TERM OF AGREEMENT
This Agreement shall be effective JUNE 12, 2023 and will continue in effect until JUNE 11, 2024 or when completed, with the option to renew for two (2) additional terms of one (1) year each, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
8. COMMENCEMENT OF WORK
CONTRACTOR shall not undertake any work or incur any costs whatsoever under the terms of this Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONTRACTOR prior to receipt of a purchase order shall be at CONTRACTOR’S expense.
9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit A. The total compensation to CONTRACTOR shall not exceed NINETY-SIX THOUSAND DOLLARS ($96,000.00) ITEM 9
ATTACMENT B
unless the Parties mutually agree in writing otherwise.
10. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services as provided in Exhibit A, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, if the extension is determined, in the sole discretion of the Contract Officer, to be justified and reasonable.
The Contract Officer’s decision shall be final.
12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.
13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct ITEM 9
ATTACMENT B
business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.
14. SUBCONTRACTING
Should the CONTRACTOR elect to engage any subcontractor(s) to perform any portion of the work, CONTRACTOR shall provide the CITY written notice of the name, address, telephone number, and State contractor’s license number of each such subcontractor, together with proof of workers’ compensation coverage for each such contractor. CONTRACTOR shall remain fully responsible for all acts or omissions of said subcontractors, their employees, agents or assigns.
15. INTEREST OF CONTRACTOR
CONTRACTOR warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.
CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this Agreement if so required at the option of CITY.
16. RECORDS
CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the work required by this Agreement and enable the Contract Officer to evaluate the performance of such work.
The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (5) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or ITEM 9
ATTACMENT B
necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.
Until a change order is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services, and CONTRACTOR shall not be required to perform any such additional services.
18. INDEPENDENT CONTRACTOR
All acts of CONTRACTOR, his agents, officers, and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
CONTRACTOR, his agents, officers and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
CONTRACTOR shall determine the method, details and means of performing the work and services to be provided by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement.
CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in ITEM 9
ATTACMENT B
fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to
the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.
FOR CONTRACTOR: Name: Jeremy Damas
Address: 2933 Middleboro Place
Modesto, CA 95355
Attention: Jeremy Damas
Phone: (209) 202-6664
FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.
Ceres, CA 95307
Attention: Sam Royal
Phone: (209) 538-5717
20. INSURANCE REQUIREMENTS
Insurance shall be provided for Professional Liability with the following limits and attached hereto as Exhibit B:
ITEM 9
ATTACMENT B
$2,000,000.00 each claim, $2,000,000.00 Aggregate
21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.
Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONTRACTOR, dishonesty, or theft.
Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty, or theft.
Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Agreement effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event, CITY shall give CONTRACTOR not less than 30 days written notice.
Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR notifies CITY in writing of such failure to pay. The termination date shall be the effective ITEM 9
ATTACMENT B
date of the notice.
Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.
Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.
In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors, and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.
If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the percentage of work completed on the termination date; this percentage shall be determined by CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONTRACTOR, CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
22. INDEMNITY
CONTRACTOR shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.
ITEM 9
ATTACMENT B
CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.
23. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
24. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
25. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
26. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONTRACTOR'S charges to CITY under this Agreement.
CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.
27. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its ITEM 9
ATTACMENT B
subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.
28. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
29. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
30. CITY BUSINESS LICENSE
CONTRACTOR will have a CITY of Ceres business license, as required.
31. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the ITEM 9
ATTACMENT B
prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.
Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
Dated , 2023 Dated , 2023
CITY OF CERES, a municipal corporation JEREMY DAMAS
By By
Doug Dunford, Interim City Manager Signature
Typed name/title
APPROVED AS TO FORM CONTRACTOR’S Federal ID#:
Nubia Goldstein, City Attorney
CONTRACTOR’S CA State License
ATTEST Board #:
Fallon Martin, City Clerk
ITEM 9
EXHIBIT A
ITEM 9
ITEM 9
EXHIBIT B
ITEM 9
ITEM 9
ATTACHMENT C
Budget Amendment No.
Fiscal Year 2022 - 2023
Reference Resolution No. 2023-67, dated June 12, 2023
authorizing appropriations for Jeremy Damas contract for Public Works Project Management and Consultation
Appropriations:
Fund Name Fund
No.
Dept.
No.
Object
No.
Appropriation
Amount
Water Contract Services 527 35 029900 $72,000.00
Wastewater Contract
Services
567 25 029900 $24,000.00
Requested Appropriation $96,000.00
2022 - 2023 Current Appropriation $0.00
Total Appropriation $96,000.00
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:
N/A
ITEM 9
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: June 12, 2023
TO:
FR
OM:
CONT
ACT:
SUBJECT:
Mayor and City Council
Douglas D. Dunford, Interim City Manager
Sam Royal, Director of Public Works
[email protected], (209)538-5717
Resolution No. 2023
-67, Au thorizing the Interim City Manager to
A
pprove P ayment to Don Pedro Pump Company for Emergency Pump Repairs Performed at Well 38
RECOMMENDED COUNCIL ACTION:
Staff recommends Council authorize the Interim City Manager to approve payment to Don Pedro Pump Company for emergency pump repair s performed at Water Well 38, l ocated at 1600 Eastgate Boulevard in the amount of $72,417.13.
I. BACKGRO UND:
The City of Ceres Water System currently operates 13 groundwater wells capable of producing 9,805 gallons per minute. Well 28 and 38 are a joined treatment system equipped with Granular Activated Carbon (GAC) to remove 1,2,3- Trochloropropane as well as treatment for n itrate by blending to lower effluent nitrate levels. This Treatment Plant is important for water quality and quantity and is needed for overall production to the water system’s capacity.
In June of 2022, Water Well 38 started to produce occasional positive bacterial samples during the required monthly samples. This is not uncommon nor is it a safety or health concern due to the chlorination system that would mitigate any bacteria entering the system. All samples taken from the effluent piping prior to entering the system have been negative for bacteria. Staff followed the AWWA Standard for Well Disinfection using sodium hypochlorite, however, the bacterial count would increase after treatment thus requiring another disinfection process. After performing this procedure four (4) times, Don Pedro Pumps was called to assist with disinfection on February 13, 2023 and was able to respond immediately. Don Pedro used an approved chemical disinfection method using Chlorapal, that lowers pH so that chlorination will be more effective. This was not successful. On February 21, 2023, Don Pedro Pumps pulled the pump to scrub and disinfect the well with sodium hypochlorite; this was successful for only a short time. On March 29, 2023, D on Pedro Pumps and the City worked together to pull the pump, ITEM 10
disinfect and scrub using the Chlorapal in a different manner that would disinfect the aquifer within a twenty -foot radius over several days. The water was retested, and the well was returned to service.
II. REASONS FOR RECOMMENDATION:
The City Water System is solely reliant upon its wells and pumping systems, and it is imperative that all wells are operating to their maximum efficiency. With Well 38 being such a critical part of the City’s water system, it was determined that it had to be repaired in a timely manner which constituted this emergency repair. Staff could not afford to wait three (3) to four (4) months for the bidding process, contracts , and approvals to get the work performed. Don Pedro Pump is a locally owned company that provides service to the City under emergency situations as well as continuously being the lowest and most responsible bidder on all well rehabilitation projects.
III. FISCAL IMPACTS:
Ci
ty Council approved funds in the 2022/23 Water Operations Budget account 527.35.0299 for well pump station maintenance and repairs. Although this project was not planned, there is sufficient funding in the Water Operations Budget for the well repair.
The total cost for this emergency repair work is $72,417.13.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
The recommended action supports the infrastructure section of the strategic plan, “Ensuring the community has adequate, well- maintained infrastructure that fosters a quality community and strong economy.”
V. POLICY ALTERNATIVES:
The alternative to performing the work to this critical piece of Water infrastructure would have been to not perform these repairs in a timely manner and risk low pressures, the lack of fire protection within the area, as well as jeopardize compliance with the State Water Resources Control Board.
VI. INTERDEPARTMENTAL COORDINATION:
NA
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon Council Approval, the Interim City Manager shall approve the payment to Don Pedro Pump Company.
ITEM 10
Appr
oved by: __________________
Douglas D. Dunford
Interim City Manager
Atta
chments:
1. Attachment A – Resolution 2023-67
2. Attachment B – Don Pedro Invoice #27925
3. Attachment C – Don Pedro Invoice #28141
ITEM 10
ITEM 10
ATTACHMENT A
RESOLUTION NO. 2023-67
AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE PAYMENT
TO DON PEDRO PUMP COMPANY FOR EMERGENCY PUMP REPAIRS
PERFORMED AT WELL 38
THE CITY COUNCIL
City of Ceres
WHE
REAS, the City of Ceres drinking water system operates 13 groundwater wells; and
WHE
REAS, Wells 28 and 38 are a joined treatment system which is critical for overall water quality and quantity and is needed for overall production to the water system’s capacity; and
WHE
REAS, Well 38 began testing positive for bacterial samples and while staff followed AWWA standards for well disinfection, after some time further treatment was needed; and
WHE
REAS, with Well 38 being a critical part of the City’s water system, it was imperative the well was rehabilitated immediately; and
WHE
REAS, Don Pedro Pump is a locally owned company that provides service to the City under emergency situations as well as continuously being the lowest and most responsible bidder on all well rehabilitation projects; and WHE
REAS, although this project was unplanned, there is sufficient funding available in the Water Operations budget account 52735.029900 for the total amount of $72,417.13.
NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby author ize the Interim City Manager to approve payment to Don Pedro Pump Company for emergency repairs performed at Well 38.
PAS
SED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of June 2023, by the following vote:
AYES: C
ouncilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________
________________________
Javier Lopez, Mayor
ATTEST:
________
_________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10
ATTACHMENT B
ITEM 10
ITEM 10
ATTACHMENT C
ITEM 10
ATTACHMENT C
ITEM 10
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 12, 2023
TO:
FRO
M:
CONTA
CT:
SUBJECT:
Mayor and City Council
Douglas D. Dunford, Interim City Manager
Sam Royal, Director of Public Works
[email protected], (209)538-5717
Resolution 2023-68, Rescinding Resolution No. 2022-11 to Include Specific Language Required by CalRecycle to
Authorize the Submittal of Applications f or Grants and Payment Programs and Authorizing the City Manager or His/ Her Designee to S ign al l Necessary Documents
RECOMMENDED COUNCIL ACTION:
Staf
f recommends Council approve an amendment to Resolution 2022-11 to include the updated language requirements for CalRecycle grant and payment program applications and reaffirming the authorization for the City Manager or his/her designee to sign all necessary documents.
I. BACKGROUND:
The Dep
artment of Resources Recycling and Recovery (CalRecycle) administers various Grants and Payment Programs to provide opportunities for recycling programs and activities to qualifying jurisdictions throughout the state. The City of Ceres has historically and currently benefited from several of these grants and payment programs to help fund activities related to various State mandates.
On F
ebruary 28th, 2022, Council authorized the submittal of applications for CalRecycle grants and payment programs for which the City is eligible to apply. CalRecycle has recently revised the language requirements for the authorizing Resolutions which are submitted as part of grant and payment program applications, therefore requiring an amendment to Resolution 2022- 11 to include the specific wording as required by CalRecycle.
II. REASONS FOR RECOMMENDATION:
City Council has approved the submittal of applications for CalRecycle grant and payment programs by Resolution 2022-11, however updated requirements necessitate the use of ITEM 11
specific language and require a minor amendment to the Resolution to reflect these changes.
III. FISCAL IMPACTS:
N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
The Council may elect not to approve the amendment to Resolution 2022- 11. This alternative is not recommended by staff as it will render the city ineligible to receive State funding available through CalRecycle grants and payment programs.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
The city will submit the revised Resolution to CalRecycle for grant and payment program applications.
Appr
oved by: __________________
Douglas D. Dunford
Interim City Manager
Atta
chments:
1. Attachment A – Resolution 2023 -68
2. Attachment B – Resolution 2022-11
ITEM 11
ATTACHMENT A
RESOLUTION NO. 2023-68
RESCINDING RESOLUTION NO. 2022-11 TO INCLUDE SPECIFIC LANGUAGE
REQUIRED BY CALRECYCLE TO AUTHORIZE THE SUBMITTAL OF
APPLICATIONS FOR GRANTS AND PAYMENT PROGRAMS AND AUTHORIZING
THE CITY MANAGER OR HIS/HER DESIGNEE TO SIGN ALL NECESSARY
DOCUMENTS
THE CITY COUNCIL
City of Ceres
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has established various grants and payment programs to qualifying jurisdictions; and WHEREAS, in furtherance of t his authority, CalRecycle is r equired to establish procedures governing the administration of the grants and payment programs; and WHEREAS, CalRecycle’s procedures for administering grants and payment programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the grant or payment program; and
WHEREAS, the City Council of the City of Ceres authorized the submittal of applications for grants and payment programs on February 28 th, 2022 by Resolution 2022-11; and
WHEREAS, new ap plication requirements nece ssitate minor r evisions t o Resolution 2022-11 to include the specific language required by CalRecycle; and WHEREAS, the City of Ceres will utilize this funding to support implementation of unfunded state mandates to promote solid waste, organics, and recycling programs and activities in Ceres.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby rescind Resolution No. 2022- 11 to include specific language required by CalRecycle to authori ze the submittal of applications for grants and payment programs and authorizes the City Manager or his/her designee to sign all necessary documents.
BE IT FURTHER RESOLVED that this authorization is effective until rescinded by the Signature Authority or this governing body.
ITEM 11
ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of June 2023 by the following vote:
AYES: Counc
ilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
_________________________
Fallon Martin, City Clerk
ITEM 11
RESOLUTION NO. 2022-11
AUTHORIZING THE SUBMITTAL OF APPLICATIONS TO CALRECYCLE FOR
GRANTS AND PAYMENT PROGRAMS AND AUTHORIZING THE CITY MANAGER
OR HIS/HER DESIGNEE TO SIGN ALL NECESSARY DOCUMENTS
THE CITY COUNCIL
City of Ceres
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1 (g), the Department of Resources Recycling and Recovery (CalRecycle) has established various payment programs to make payments to qualifying jurisdictions; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and WHEREAS, CalRecycle's procedures for administering payment programs require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the payment program; and WHEREAS, the City of Ceres will utilize this funding to support implementation of unfunded state mandates to promote solid waste, organics, and recycling programs and activities in Ceres.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize staff to submit applications to CalRecycle for various Payment Programs and authorize the City Manager or his/her designee to sign all necessary documents; and
BE IT FURTHER RESOLVED that this authorization is effective until rescinded by the Signature Authority or this governing body.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of February, 2022 by the following vote:
AYES:
NOES:
ABSENT:
Council Members: Casey, Kline, Ryno, Silveira, Mayor Lopez Council Members: None
Council Members: None
ATTACHMENT B
ITEM 11
ITEM 11
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: June 12, 2023
TO:
FR
OM:
CONT
ACT:
SUBJECT:
Mayor and City Council
Douglas D. Dunford, Interim City Manager
Christopher Hoem, Community Development Director
[email protected], (209) 538-577 8
Resolution No. 2023-69, Accepting a $40,000 CalAPP Grant to Improve Building Permit Processing Related to Solar Panels and Authorizes the Director of Community Development to Execute the CalAPP Grant Agreement
RECOMMENDED COUNCIL ACTION:
St
aff recommends the City Council adopt a resolution to accept a $40,000 CalAPP grant to improve building permit processing related to solar panels.
I. BACKGROUND:
Cal
ifornia Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting. By accepting this grant, the City would agree to use a streamlining software for the processing of solar panel permits.
II. REASONS FOR RECOMMENDATION:
The City of Ceres processed 182 solar panel permits in 2022. The Building Division would benefit from this grant to fund permitting activities and the use of software to make processes run more efficiently. The software would have the added, synergistic benefit of improving overall permit processing efficiencies beyond only solar panel permits.
III. FISCAL IMPACTS:
There is no matching requirement to receive this grant. There would be no negative fiscal impact to the City.
ITEM 12
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
1. Government Operations : Provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services.
V. POLICY ALTERNATIVES:
The City Council could choose not to accept this $40,000 grant.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
The public is welcome to provide comment at the duly scheduled City Council meeting.
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon approval, staff will move forward with grant agreement, attached herein.
Appr
oved by: ___________________
Douglas D. Dunford
Interim City Manager
Atta
chments:
1. Attachment A – Resolution 2023-69
2. Attachment B – Budget Amendment
3. Attachment C – CalAPP Agreement
ITEM 12
RESOLUTION NO. 2023-69
ACCEPTING A $40,000 CALAPP GRANT TO IMPROVE BUILDING PERMIT
PROCESSING RELATED TO SOLAR PANELS AND AUTHORIZES THE DIRECTOR
OF COMMUNITY DEVELOPMENT TO EXECUTE THE CALAPP GRANT
AGREEMENT
THE CIT
Y COUNCIL
City of Ceres, California
WHEREAS,
California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities to establish online solar permitting; and
WHEREAS, t
he $40,000 grant funding would improve the City’s building per mit processing through the use of new, streamlined software technology; and
NOW, THE
REFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept a $40,000 CalAPP grant to improve building permit processing related to solar panels and authorizes the Director of Community Development to execute the CalAPP grant agreement.
BE IT F
URTHER RESOLVED the Fiscal Year 2022- 23 Budget Amendment, as set forth in “Exhibit A,” is attached hereto and incorporated herein by reference, and the Director of Finance is hereby authorized and directed to record the appropriate account entries.
PASSE
D AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of June 2023, by the following vote:
AYES: Counci
lmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________
__________________
Javier Lopez, Mayor
ATTEST:
___________
__________________
Fallon Martin, City Clerk
ITEM 12
ATTACHMENT A
ITEM 12
Budget Amendment No.
Fiscal Year 2022 - 2023
Reference Resolution No. 2023-69, dated June 12, 2023
authorizing appropriations for the CalAPP Grant as follows:
Appropriations:
Fund Name Fund
No.
Dept.
No.
Object
No.
Appropriation
Amount
CalAPP Grant 100 95 800500 $40,000
Requested Appropriation $40,000
2022 - 2023 Current Appropriation 0
Total Appropriation $40,000
Estimated Revenues:
Fund Name Fund
No.
Type
No.
Object
No.
Estimated
Revenue Amt.
CalAPP Grant 100 70 005627 $40,000
Total Estimated Revenue $40,000
2022-2023 Current Estimated Revenue +0
Total Estimated Revenue $40,000
Fiscal Impact: $0 net impact to the city’s general fund.
ITEM 12
ATTACHMENT B
ITEM 12
RRECIPIENT AGREEMENT NUMBER
City of Ceres APP-22-189
ADDRESS AGREEMENT TERM
2220 Magnolia St.
Ceres, CA 95307
05/02/2023 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.
PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.
Exhibit A – Application with Scope of Work Page(s): 4
Exhibit B – APP General Terms and Conditions Page(s): 5 Exhibit C – Contact List Page(s): 1
REIMBURSABLE AMOUNT
$40,000
MINIMUM MATCH SHARE REQUIRED
$0
TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$40,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION CONTRACTOR
AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE
NAME NAME
Adrienne Winuk
TITLE TITLE
Contracts, Grants, and Loans Office Manager
CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814
ATTACHMENT C
ITEM 12
ATTACHMENT 01
Grant Application Form - EXHIBIT A
1. California Automated Permit Processing (CalAPP) Program
APPLICANT INFORMATION (REQUIRED)
Jurisdiction Name (please use full legal name as it would appear on the executed grant):
City of Ceres
Jurisdiction Type (select one):
�City D County D City and County
Current Estimated Population State of California DeQartment of Finance DemograQhics (https ://dof .ca .gov /forecasting/Demographics/):
!XI Less than 50,000 D From 100,000 to 200,000
D From 50,000 to 99,999 D Greater than 200,000
Project Manager Name Christopher Haem
(serves as point
of contact for all Street Address 2220 Magnolia St.
communications) City and Ceres 95307
Zip Code
Phone Number (209) 538-5778
E-Mail Address [email protected]
2. FUNDING (REQUIRED)
Assigned Maximum Grant Amount (select�)
!XI Group 1 ($40,000): Population less than 50,000
D Group 2 ($60,000): Population from 50,000 to 99,999
D Group 3 ($80,000): Population from 100,000 to 200,000 D Group 4 ($100,000): Population greater than 200,000
May 2023 Page 1 of 4
CalAPP Attachment 01
APP-22-189
City of Ceres
ITEM 12
3. PROJECT INFORMATION (REQUIRED}
A. Online, automated solar permitting platform to be adopted:
� SolarAPP+
D Other. If selected, complete Section 4 (''Additional Information'') B. Please select allowable budget item(s) anticipated to be used (Select at least one):
IXI Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform
IXI Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform
IXI Ongoing staff training and education, specific to the platform D Ongoing training events for local installers, specific to the platform IXI Essential hardware or equipment necessary to support adoption of the platform
IXI Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
Activity
Begin Development/Pilot
Full Adoption
Staff Training
j Date (Month/Year)
July 2023
1August2023
I
1August2023
Training for Local Installers
May 2023 Page 2 of 4
CalAPP Attachment 01
APP-22-189
Ci
ty of Ceres
ITEM 12
4. ADDITIONAL INFORMATION (if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.
Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs Supports immediate generation of a permit job card following payment confirmation
Blocks noncompliant applications from receiving a permit EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use
5. REPORTING (REQUIRED)
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity.
Please indicate your acceptance of these terms.
May 2023 Page 3 of 4
CalAPP Attachment 01
OYes □ No
OYes □ No
OYes □ No
OYes □ No
OYes □ No
�Yes □ No
APP-22-189
Ci
ty of Ceres
ITEM 12
6. CERTIFICATION (REQUIRED)
• I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.
• I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Name of AulhuriLec.l Christopher Hoem
Representative:
Title:
Phone Number:
E-mail Address:
Date:
Signature of
Authorized
Representative:
May 2023
Comm11nity Development Director
(209) 538-5778
Christopher. [email protected]. us
4/20/2023
��
NOTE: Do not overlap signature with surrounding border lines.
CalAPP Attachment 01
APP-22-189
Ci
ty of Ceres
ITEM 12
California Automated Permit Processing (CalAPP) Program ATTACHMENT 2 – Terms and Conditions
Added language appears in bold underlined fo nt and deleted language appears in strikethrough and within square brackets.
1. Background and Authority for this Grant
California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.
2. Documents Incorporated by Reference a nd Priority
Incorporated by reference into this agreement are the following documents:
A. Grant Funding Opportunity (GFO) 21-402.
B. Recipient’s application to CalAPP.
As between and the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.
3. Budget,
Invoices, and Payment s
a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.
The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet.
c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense.
d) Unallowable costs include:
• Software not related to the adoption of a qualifying online, automated permitting platform.
ITEM 12
• A
ny costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. • Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable.
• Unreasonable amounts or rates.
4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.
5. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.
The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.
The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
6. Drug-F
ree Workplace Certification
By signing this Agreement, the R
ecipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following ITEM 12
ha
s occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act.
[By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a).
2) Establish a Drug-F ree Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations.
3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project:
• Will receive a copy of the company's drug-fr ee policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project. ]
In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
7. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.
8. Accounting a
nd Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient ITEM 12
ag
rees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.
Access to Sites and Records.
9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.
10. Intellectual Property
As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.
11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.
12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.
13. Independent Capacity
In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.
14. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.
15. Waiver
ITEM 12
N
o waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.
16. Access to Sites and Records
The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.
17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.
18. Third-P arty Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.
19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:
• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary
ITEM 12
California Energy Commission Recipient
Commission Agreement Manager:
Adam Van Winkle
California Energy Commission
715 P Street, MS-45
Sacramento, CA 95814
Phone: 916-891-9060
e-mail: [email protected]
Project Manager:
Christopher Hoem
2220 Magnolia St.
Ceres, CA 95307
Phone: (209) 538-5778
e- mail:
[email protected]
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Administrator:
Christopher Hoem
2220 Magnolia St.
Ceres, CA 95307
Phone: (209) 538-5778
e- mail:
[email protected]
Invoices, Progress Reports and Non-
Confidential Deliverables to:
California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Accounting Officer:
Leticia Dias
2220 Magnolia St.
Ceres, CA 95307
Phone: (209) 538-5764
e-mail: [email protected]
Legal Notices:
Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]
Recipient Legal Notices:
Nubia Goldstein
1414 K Street, 3rd Floor
Sacramento, CA 95814
Phone: (916) 468-0946
e- mail: [email protected]
ITEM 12
ITEM 12
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: June 12, 2023
TO:
FR
OM:
CONT
ACT:
SUBJECT:
Mayor and City Council
Douglas D. Dunford, Interim City Manager
Sam Royal, Director of Public Works
[email protected], (209) 538-5717
Resolution
No. 2023-70, Authorizing an Agreement with the Ceres
Garden Club for Use of the Parcel Located at 2732 5th Street, Ceres CA and Approving a 90 -Day E xtension for the E xchange of Real Property A greement with Parsons Propert ies, LLC (Resolution 2022-104)
RECOMMENDED COUNCIL ACTION:
St
aff recommends the City Council authorize the Ceres Garden Club to utilize the parcel located at 2732 5th Street in Ceres, California (named Parcel 3) for the purposes of planting a community garden. Staff further recommends approving a 90- day extension on the agreement for the exchange of real property with Parsons Properties, LLC (Resolution 2022-104).
I. BACKGROUND:
On A
ugust 8th, 2002, Council approved Resolution 2022-104, authorizing an agreement for the exchange of real property and joint escrow instructions with Parson Properties, LLC who owns a parcel containing a residential building located at 2761 6th Street in Ceres, CA (named Parcel 2). The agreement authorizes a lateral exchange of property with the City of Ceres owned parcel located at 2936 5th Street in Ceres, CA (named Parcel 1) and for the removal of the residential structure that is housed there currently .
Parson Properties, LLC has indicated their desire to relocate said residential structure at Parcel 2 to an alternate parcel also owned by Parson Properties, LLC (named Parcel 4).
However, this referenced parcel currently houses a community garden that will need to be relocated before the necessary infrastructure can be developed to establish the residential structure from Parcel 2.
In r
esponse, the City has agreed to house the community garden at a separate City - owned parcel located at 2732 5th Street in Ceres, CA (Parcel 3) with the stipulation that Parson Properties, LLC will assume the cost for water utility service indefinitely, so long as the community garden is in operation at this location. Further, responsibility will be ITEM 13
assumed by the City of Ceres Recreation Division, in coordination with the Ceres Garden Club, to maintain and manage the community garden site activity and preservation.
Ef
fectively, the original agreement for property exchange indicates a 180- day term for exchange clause in which both parties agreed that the City shall deed Parcel 1 to Parson through Escrow at Close of Escrow (terms defined). In exchange, Parson shall deed Parcel 2 to City through Escrow at Close of Escrow and remove all buildings from Parcel 2 within One Hundred Eighty (180) days after Close of Escrow as set forth in the terms outlined in the agreement. Due to the extensive preparatory proceedings that will need to be enacted prior to the relocation of the residential structure from Parcel 2 to Parcel 4, the City finds sufficient cause for leniency with the 180-day term limitations set forth in the agreement, further grounded on the “good faith” efforts demonstrated thus far by Parson Properties LLC, and by written statement submitted by Shane Parson, owner of Parson Properties, LLC. As such, staff is recommending a 90-day extension be issued to provide sufficient time for the agreement stipulations to be completed.
II. REASONS FOR RECOMMENDATION:
The agreement for the Exchange of Real Property with Parsons Property, LLC (Resolution 2022- 104) is dependent upon the removal the community garden that is currently in operation. In an effort to provide the community garden with sufficient time to relocate to the new parcel, an extension of 90-days is warranted.
III. FISCAL IMPACTS:
There is no cost to the City to allow the Garden Club use of City owned land, nor by granting a 90-day extension on the agreement with Parsons Property, LLC.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
Council could choose not to grant the Garden Club use of the City -owned parcel and/or authorize the 90-day extension to Parsons Properties, LLC.
VI. INTERDEPARTMENTAL COORDINATION:
NA
VII. PUBLIC PARTICIPATION:
Public Works staff worked with the Ceres Garden Club representatives who operate the community garden and Shane Parsons of Parson Properties, LLC.
VIII. ENVIRONMENTAL REVIEW:
N/A
ITEM 13
IX. STEPS FOLLOWING APPROVAL:
The Garden Club will relocate to the new parcel and Parsons Property, LLC will execute the standing agreement for exchange of property.
Appr
oved by: ___________________
Douglas D. Dunford
Interim City Manager
Atta
chments:
1. Attachment A – Resolution 2023-70
2. Attachment B – Agreement with Ceres Garden Club for use of parcel
3. Attachment C – Letter of good faith from Parsons Property, LLC
4. Attachment D – Agreement for the Exchange of Real Property with Parsons Properties, LLC (Resolution 2022-104)
ITEM 13
ITEM 13
RESOLUTION NO. 2023-70
AUTHORIZING AN AGREEMENT WITH THE CERES GARDEN CLUB
FO
R USE OF THE PARCEL LOCATED AT 2732 5TH STREET, CERES
CA AND AP
PROVING A 90-DAY EXTENSION FOR THE EXCHANGE
OF REAL PROPERTY AGREEMENT WITH PARSONS PROPERTIES,
LLC (RESOLUTION 2022-104)
THE CITY COUNCIL
City of Ceres
WHEREAS, o n August 8, 2002, Council approved Resolution 2022- 104, authorizing an agreement for the exchange of real property with Parsons Properties, LLC; and
WHEREAS, the resolution includes the allowance of the residential structure that is housed on the property to be relocated to a new parcel by Parsons Properties, LLC; and
WHEREAS, the property that the structure will be relocated currently has a community garden in operation and the agreement for the Exchange of Real Property with Parsons Properties, LLC is dependent upon its removal; and WHEREAS, the City has offered an alternate location for the community garden to operate on a City-owned parcel; and
WHEREAS, in an effort t o provide the community gar den with sufficient t ime to relocate to the new parcel, an extension of 90-days is warranted.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize an agreement with the Ceres Garden Club for u se of the p arcel located at 2732 5th Street, Ceres CA and approves a 90-day extension for the exchange of real property agreement with Parsons Properties, LLC (Resolution 2022-104).
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of June 2023, by the following vote:
AYES: Counci
lmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________
_____________________
Javier Lopez, Mayor
ATTEST:
___________
______________________
Fallon Martin, City Clerk
ITEM 13
ATTACHMENT A
ITEM 13
LAND USE AGREEMENT
THIS IS A LAND USE AGREEMENT (the “AGREEMENT”), dated as of June 12, 2023, between [The City of Ceres], (“CITY”) and [ Ceres Garden Club], (“CGC”), a nonprofit corporation, to develop and operate a community garden. The City agrees to allow CGC to utilize the parcel located at 2732 5th Street, Ceres, CA 95307 for stated purpose in the terms outlined in this AGREEMENT. CITY and CGC Agree as Follows:
1. PARCEL, TERM AND RENT
1.1 Agreement.
CITY agrees to allow CGC to utilize the indicated open space of the parcel located at 2732 5th Street, Ceres, CA 95307(“Parcel”). [Exhibit A]
1.2 Use.
CGC will use the Parcel for the sole purpose of operating a community garden (“Garden”) with plots [or joint cultivation areas] to be assigned by CGC to community members.
1.3 Term.
The term of this AGREEMENT is valid for two [2] year(s), starting on [June 12, 2023] and ending on [June 12, 2025]. This AGREEMENT will terminate upon the expiration of this term or the final renewal term, if any, or if either party terminates it as described in Section.
1.4 Renewal.
This AGREEMENT will automatically renew for additional two-year terms unless either the CITY or CGC provides written notice to the other of nonrenewal no later than [three] months prior to the end of the current term.
2. OPERATION AND MAINTENANCE OF PARCEL
2.1 Parcel As-Is.
CGC acknowledges that CITY is not making any representations, warranties, promises, or guarantees of any kind to CGC, including, without limitation, any representations about the quality, condition, or suitability of the Parcel for use as a community garden. In deciding to enter this AGREEMENT, CGC has made its own independent evaluation of the suitability of the Parcel for a community garden.
2.2 No CITY Responsibilities.
CGC has sole responsibility for the planning, setup, management, and carrying out of operations on the Parcel, including, without limitation, obtaining any permits required for operating a community garden.
CITY has no obligation to make any alterations, improvements, or repairs of any kind on the Parcel, or to provide any services or other support.
2.3 Comply with Laws.
CGC will use and operate the Parcel in compliance with all applicable zoning, environmental, and other laws and regulations.
2.4 Garden Rules.
ATTACHMENT B
ITEM 13
CGC will operate the garden in accordance with a set of garden rules substantially in the form attached as Exhibit B. CGC will require all persons to whom it licenses plots to enter into a gardener agreement and waiver of liability substantially in the form attached as Exhibit C.
2.5 Security.
CGC will be responsible for securing, where practicable, to prevent entrance to the garden outside of operating hours and/or when the Parcel is unattended, such as a system of fences and locks.
2.6 No Alterations.
CGC may not make or permit any alterations or improvements to the Parcel without CITY’s prior written consent, except for fences, raised beds, benches, rain barrel systems, and other features common to gardens. On the expiration or termination of this AGREEMENT, all improvements and alterations to the Parcel will belong to CITY, minus the exceptions stated above and other non-permanent improvements, and CITY will have no obligation to reimburse CGC.
2.7 Equipment and Structures.
If CGC keeps equipment or tools on the Parcel, CGC must install a [toolbox, shed] and make a reasonable effort to keep tools stored away when not in use for gardening.
2.8 No Transfers.
CGC may not assign, mortgage, pledge, encumber, or otherwise transfer this AGREEMENT, or sublet or allow the Parcel or any part of the Parcel to be used or occupied by others, except by persons maintaining a plot and who are party to the gardener agreement contemplated by Section 2.4. Any attempted transfer in contravention of this Section 2.8 is void and is a default under this AGREEMENT.
2.9 Right of Inspection.
CITY may enter the Parcel at all reasonable times to inspect the Parcel and evaluate whether CGC is in compliance with the terms of this AGREEMENT, and for the purposes of taking any other actions CITY believes are appropriate to protect CITY’s interest in the Parcel, or to offer the Parcel for sale. This Section 2.9 does not impose any duty on CITY to inspect the Parcel, report to CGC the results of any inspection or assume any liability of any kind arising from inspecting or not inspecting the Parcel.
2.10 Liens.
CGC will not incur, create, assume, or permit the creation of, any lien on any portion of the Parcel (including any mechanic’s or materialmen’s liens). CGC will keep the Parcel clear of any and all liens arising out of any work performed or materials furnished to CGC for or at the Parcel, and any other obligations CGC incurs.
2.11 Commercial Enterprise Prohibited.
CGC will not undertake or allow the undertaking of any commercial enterprise, including but not limited to sales of produce, on the Parcel.
3. EXPENSES
3.1 Utilities.
Shane Parsons of Parson Properties, Inc. (third party) will have sole responsibility for obtaining and paying for water services supplied to the parcel. Garbage, recycling, and organics collection services will ITEM 13
be shared with the adjacent, CITY owned property, that houses the Whitmore Mansion. Electricity or any other utility service deemed necessary for operations will be the responsibility of the CGC to secure and pay for such services on the Parcel during the AGREEMENT term.
3.2 Taxes.
CITY will have sole responsibility for all property tax returns and payments relating to the Parcel required by any federal, state, or local tax authority. CGC will have sole responsibility for all tax returns and payments required by any federal, state, or local tax authority in connection with CGC’s operations.
4. TERMINATION
4.1 At Will.
This AGREEMENT may be terminated at any time by either CITY or CGC. Such a termination will be effective [ three months] after delivery by the terminating party to the other party of a written notice of termination under this Section 4.1.
4.2 Breach by CGC.
If CGC breaches any of its duties or obligations under this AGREEMENT, CITY may provide CGC with written notice of the breach. If CGC fails to cure the breach within [30] days after receipt of such notice, CITY may terminate this AGREEMENT by providing written notice, with the termination date effective [ 15 days] after delivery of such notice to CGC. CITY will, in its sole discretion, determine whether the breach has been cured.
4.3 Yielding Possession.
Upon termination of this AGREEMENT, CGC will leave and surrender the Parcel to CITY in at least as good order and condition as on the date that this AGREEMENT is signed.
4.4 Cooperate in Transition.
Upon termination or expiration of this AGREEMENT, the rights of CGC under this AGREEMENT will immediately, automatically, and without consideration terminate and revert to CITY. CGC and CITY will cooperate in good faith in reasonable transition activities with CITY prior to and after termination of this AGREEMENT in order to minimize impact on the community and CITY’s use of the Parcel.
4.5 Personal Property.
If CGC or any gardener leaves any of its personal property on the Parcel after the termination of this AGREEMENT, CITY may store it at a warehouse or any other location for CGC’s account and at CGC’s cost and risk. If CGC does not reclaim its property within the period permitted by law, CITY may sell or dispose of, or retain it in accordance with the law.
4.6 Holding Over.
If CITY terminates this AGREEMENT, any holding over by CGC after termination of this AGREEMENT without CITY’s express written consent is not a renewal or extension of the AGREEMENT and will not give CGC rights in or to the Parcel.
4.7 Cumulative Remedies.
All of CITY’s rights, powers and remedies under this AGREEMENT are cumulative and not alternative and will be in addition to all rights, powers, and remedies given to CITY at law or in equity. The exercise of ITEM 13
any one or more of these rights or remedies will not impair CITY’s right to exercise any other right or remedy including any all rights and remedies of a landowner under or any similar, successor, or related laws.
5. INDEMNITY AND WAIVER OF LIABILITY
5.1 Indemnification.
CGC will defend, indemnify, and hold CITY and CITY’s directors, officers, employees, agents, and assigns (CITY and such persons are referred to collectively as “CITY Parties”), harmless against all claims, liabilities, losses, damages, expenses, and attorneys’ fees (together, “Losses”), including, without limitation, losses arising from any death, property damage, or injury of any nature whatsoever that may be suffered or sustained by CGC or any of CGC’s licensed gardeners, employees, contractors, family members, guests, or any other person in a relationship with CGC or CGC’s licensed gardeners or otherwise participating in or present in the Garden (CGC and such persons are referred to collectively as “CGC Parties”), which may arise directly or indirectly from (a) CGC Parties’ use or operation of or presence on the Parcel, or (b) any breach by CGC of this AGREEMENT, including, without limitation, CGC’s failure to enforce garden rules and regulations, except to the extent the Loss is caused by the gross negligence or willful misconduct of CITY. This Section 5.1 will survive any termination of this AGREEMENT.
5.2 Waiver of Liability.
CGC releases and waives any and all claims against CITY with respect to or arising out of (a) any death or any injury of any nature whatsoever that may be suffered or sustained by CGC from any causes whatsoever, except to the extent that such injury or death is caused by the gross negligence or willful misconduct of such CITY; (b) any loss or damage or injury to any property on or about the Parcel belonging to CGC, except to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by CGC and is caused by gross negligence or willful misconduct of such CITY; or (c) the condition of the Parcel and suitability of the Parcel for use as a community garden.
Subject to the prior provisions, CITY shall not be liable for any damage or damages of any nature whatsoever to CGC caused by explosion, fire, theft, crime, or negligent behavior, by sprinkler, drainage, plumbing, or irrigation systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, rain, or other substances leaking, issuing, or flowing into any part of the Parcel, by natural occurrence, riot, court order, requisition, or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance, or alteration of any part of the Parcel, or by anything done or omitted to be done by CGC Parties or any other person on the Parcel. In addition, CITY shall not be liable for any Losses for which CGC is required to insure. This Section 5.2 will survive any termination of this AGREEMENT.
6. INSURANCE
6.1 Insurance.
CGC will, at its own cost, take out and maintain without interruption during the term of this AGREEMENT comprehensive general liability insurance naming CITY as an additional insured, affording coverage for bodily and personal injury liability, including liability for death, and property damage, or a combination thereof, in an amount not less than [ One Million Dollars ($1,000,000).] Coverage shall be made on an “occurrence” basis and not a “claims made” basis.
6.2 Evidence of Insurance.
ITEM 13
On or before CITY provides access to the Parcel to CGC, CGC will provide CITY with a copy of the insurance policies required by Section 6.1. CGC will deliver to CITY evidence of each renewal or replacement of any required insurance policy at least 10 days prior to the expiration of such policy. In lieu of the actual policies, CGC may deliver to CITY a certificate of insurance evidencing CGC’s insurance policies, provided that CITY also receives a copy of the endorsement naming CITY as an additional insured.
7. GENERAL PROVISIONS
7.1 Entire Agreement.
This AGREEMENT is the entire agreement between CITY and CGC and supersedes all prior or contemporaneous written and oral agreements, negotiations, correspondence, course of dealing and communications between CITY and CGC relating to the same subject matter.
7.2 Modification and Severability.
This AGREEMENT may be modified only as stated in a writing signed by both CITY and CGC which states that it is an amendment to this AGREEMENT. If any provision in this AGREEMENT is held invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law.
7.3 Waiver.
Any waiver of any term of this AGREEMENT must be in writing. Failure, neglect, or delay by a party at any time to enforce the provisions of this AGREEMENT will not be considered a waiver of that party’s rights under this AGREEMENT. Any waiver shall not be considered a waiver of any later breach or of the right to enforce any provision of this AGREEMENT.
7.4 Counterparts.
This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original and all of which will be taken together and deemed to be one instrument. Transmission by fax or PDF of executed counterparts constitutes effective delivery.
7.5 Third-Party Beneficiaries.
Except as specifically provided in Section 5 of this AGREEMENT, this AGREEMENT is for the exclusive benefit of CITY and CGC, and not for the benefit of any third party including, without limitation, any gardener, employee, or volunteer of CGC. All CITY Parties are an express third-party beneficiary of Section 5.
7.6 Notices.
Notices and consents under this AGREEMENT must be in writing and delivered by mail, courier, or fax to the addresses set out on the signature page of this AGREEMENT. These addresses may be changed by written notice to the other party. Notices given in the manner provided by this Section 7.4 will be considered given two business days after deposit in the mail, or the first business day after delivery to a courier or delivery by fax.
7.7 Governing Law; Jurisdiction and Venue.
This AGREEMENT is governed by California law. CGC consents to the exclusive jurisdiction and venue of the state and federal courts of Stanislaus County, California.
ITEM 13
This AGREEMENT is signed by CITY and CGC as of the date first written above.
CITY By: _________________________________ CGC By: _________________________________ Name: __________________________________ Name: __________________________________ Title: ___________________________________ Title: ____________________________________ Address: ________________________________ Address: _________________________________ ________________________________ _________________________________ Telephone: ______________________________ Telephone: _______________________________ Fax: ____________________________________ Fax: _____________________________________
EXHIBITS
Exhibit A: Parcel Map
Exhibit B: Form of Garden Rules and Regulations
Exhibit C: Form of Gardener Agreement and Waiver of Liability ITEM 13
EXHIBIT A, PG.1
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EXHIBIT A, PG.2
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EXHIBIT A, PG.3
CITY AND CGC AGREEMENT, 6/12/23
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EXHIB
IT B
CERES COMMUNITY GARDEN RULES
1) Each gardener is responsible for the maintenance and upkeep of their garden plot.
Watering, weeding, harvesting and any other garden related maintenance are all the responsibility of the gardener.
2) Garden plots should be maintained at least once a week. It is the gardener's responsibility to notify the coordinator if he or she is not able to care for their plot in any given week. If any plot remains unattended for more than three weeks that plot is subject to reassignment.
3) Gardeners are responsible for their own tools.
4) Do not put trash (plastic, metal, glass, meat, fish, dairy products, diseased plants or large branches) in the compost pile.
5) Children are welcome in the garden but must be accompanied by an adult and must be supervised at all times.
6) Each gardener must complete a Release of Liability form before any work in the garden can begin.
7) To protect the City’s water supply and the health of fellow Gardeners the use of any non-organic chemicals including fertilizers, weed killers (herbicides), pesticides, and fungicides is prohibited.
8) Be considerate of your neighbors. Do not plant sprawling crops or tall ones that might interfere with others. Harvest only from your assigned plot. Keep insects and weeds under control."
9) Gardeners may harvest from their garden only.
10) At the end of the growing season, gardeners are responsible for clearing their plot of all plant material and leaving the plot as they found it in the spring.
11) Municipal water will be made available, however, subject to any water restrictions or limitations as dictated by the City of Ceres Public Works Department.
12) No unattended watering is permitted, including the use of timers.
13) The Ceres Garden Club is responsible for ensuring that the rules are followed at all times.
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EXHIBIT C
GARDNER AGREEMENT/ WAIVER OF LIABILITY
I, __________________________________________________________________, am a participant in the Ceres Community Garden. As a condition of being allowed to participate in the Ceres Community Garden, I agree to the following:
1. I am duly aware of the risks and hazards that may arise through participation in the Ceres Community Garden and assume any expenses and liabilities I incur in the event of an accident, illness, or other incapacity. If I have had any questions about the Ceres Community Garden, its nature, risks, or hazards, I have contacted the garden coordinator and discussed those questions with him or her to my satisfaction.
2. In consideration of being granted the opportunity to participate in the Community Garden, I, for myself, my executors, administrators, agents and assigns do hereby indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the gardener’s performance of its obligations under this agreement or out of the operations conducted by Gardner, except for such loss or damage arising from the active negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Gardner’s performance of this agreement, the Gardner shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
I represent and certify that my true age is either 18 years old or, if I am under 18 years old on this date, my parent or legal guardian has read and signed this form. I have read this entire Release, fully understand it, and I agree to be legally bound by it.
Participant's Signature __________________________________________________________
Printed Name___________________________________________ Date___________________
Parent/Guardian's Signature ______________________________________________________
Printed Name___________________________________________ Date___________________
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ATTACHMENT C
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AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
This AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (" Agreement") is made and entered into as of this 22nd day of August, 2022 by and between Parson Properties LLC, a California limited liability company (" Parson") and the City of Ceres, a California municipal corporation (" City"). Parsons and City may be referred to herein individually as a " Party" or collectively as the " Parties". There are no other parties to this Agreement.
RECITALS
A. City owns that certain parcelconsistingof approximately .17acresof real property, improvedby2residentialbuildingsof approximately1,836square-feet, locatedat29365thStreet, Ceres, CA 95307in the County of Stanislaus, Stateof California, being Assessor's ParcelNumber 127-017- 036- 000, and more particularly describedon Exhibit A attachedheretoand incorporated herein(" Parcel 1").
B. Parson owns that certain parcel consisting of approximately . 16 acres of real property, improvedbyaresidentialbuildingofapproximately1,024square-feetlocatedat27616th Street, Ceres, CA 95307in the Countyof Stanislaus, Stateof California, beingAssessor's Parcel Number 127-015-018-000 and more particularly described on Exhibit B attachedhereto and incorporated herein (" Parcel2" and togetherParcel 1 and Parcel2 may hereinafterbe referredto individually as" Property" andcollectively as" Properties").
B. The Parties wish to exchange the Properties upon the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein containedandfor othergoodandvaluableconsideration, thereceiptandsufficiencyof whichare hereby acknowledged, Parsonsand City hereby agree that the terms and conditions of this Agreement and the instructions to CHICAGO TITLE INSURANCE COMPANY, 1700 Standiford Avenue, Suite 110, Modesto, CA 95350; Attn: Karla Sam- sin (" Escrow Holder") with regard to the escrow(" Escrow") createdpursuanthereto, areasfollows:
AGREEMENT
1. Exchange of Properties. This exchange of the Properties includes any and all rights, title, and interest in any and all rights and interestsappurtenantto the Properties, and all water rights, mineralrights, easements, andotherpropertyrights relatedexclusively to theProperties.
2. Effective Date: This Agreement shall only become effective on the date (" Effective Date") following the date each of the following have occurred: ( i) both the Seller and Buyer have executed the Agreement, and ( ii) the City of Ceres City Council (" City Council") has approved the executed form this Agreement. This Agreement shall be null and void without City Council approval.
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ATTACHMENT D
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3. Terms of Exchange. The Parties agree that City shall deed Parcel 1 to Parson through Escrow at Close of Escrow ( as defined below). In exchange, Parson shall ( i) deed Parcel 2 to City through Escrow at Close of Escrow, and (ii) remove all buildings from Parcel 2 within One Hundred Eighty ( 180) days after Close of Escrow as more particularly set forth in Section 12 below.
4. Opening of Escrow. Concurrent with the execution of this Agreement, Parties shall promptly open Escrow with Escrow Holder by delivering an executedform of this Agreementto the EscrowHolder. Escrow Holder shall sign and promptly a fully executedAcceptanceas Escrow Holder. For purposes of this Agreement, as between the Parties, the Escrow shall be deemed opened on the dateEscrowHolder delivers fully executedAcceptanceof this Agreementto the Parties (the Opening of Escrow").
5. Pre-Closing Obligations.
a) Title Reports. Parties will cause the Escrow Holder, in its capacity as title insurer (" Title Company"), to deliver to Parties, as soon as practicable following the Opening of Escrow, separate preliminary title reports for Parcel 1 and Parcel 2 ( the " Reports"), together with legible copies of all documents referred to in the Reports. Within ten ( 10) business days after its receipt of the Reports, Partiesshall notify eachother, in writing, of any objection that Partieshave to the title exceptions reflected in the Reports. Parties failure to timely deliver to each other an objection shall be deemedto constituteapprovalof the Reports. Partiesshall havea period of five 5) business days after receipt of an objection to deliver written notice to either: ( i) the parties can agree to remove, at their sole cost and expense, the objectionable items prior to Closing ( as defined below); or (ii) declineto removethe objectionableitems. Failure to timely deliver shall be deemed to constitute election not to remove the objectionable items. If a Party elects to remove the objectionableitemsand, thereafter, fails to do soprior to Closing,thenthat party shall bedeemedin default under this Agreement. If a Party elects ( or is deemed to have elected) not to remove the objectionableitems, thenthe objecting Party shall havethe right, by written noticedeliveredwithin seven ( 7) business days after receipt of a Notice of Objection to either: ( i) immediately terminate this Agreement, in which event this Agreement and all of the rights and obligations of the Parties shall terminate, except the Parties shall shareequally the expensesof canceling Escrow; or ( ii) waive its objection to the title exceptions in question. b) Operations. From the Effective Date through Closing or termination of this Agreement, whichever occurs earlier, the Parties shall: ( a) maintain their Property in the same condition as presently exists, with the exception of reasonable wear and tear or changes attributable to the other Party; (b) not, without the other Party'sprior written consent(which may bewithheld in that Parties' sole discretion), terminate, amend, extend, or renew any lease or other contract affecting their Property or enter into any contract or commitment or incur any expenditure or obligation affecting their Property or the title thereto, which would extend beyond the Closing; ( c) paypromptly whendueall taxes, assessments, utility charges, indebtednesssecuredby deedof trust or other liens, and, generally, all expenses (including repairsand replacements) incurred by each Party in the operation of their Property; and ( d) not, without the other Parties' prior written consent, take or consentto any action which could modify the statusof title to, presentzoning of, accessto, licenses, permits or entitlementsto, or assessedvaluation of, their Property, or cut or CWlO88161 Page2of14
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permit the cutting of any trees on their Property. The Parties shall promptly notify each other in writing, of any failure to comply with its obligations under this Section 5(b).
6. Due Diligence Period. The Parties obligation under this Agreement to exchange the Properties and consummate the exchange transaction contemplated hereby is subject to and conditioned upon, among other things, the satisfaction or waiver by each Parties of the condition of the other Party' s Property, as discovered through each of the Parties' inspection of the physical condition , Title Reports, any documents requested pursuant to Section 6( b), below, and any written or oral inquiries of the other Party' s Property ( together, " Due Diligence"). Due Diligence shall be completed within ninety( 90) days after the Effective Date (the " Due Diligence Period"). a) Inspection. During the Due Diligence Period, each Party, its agents, employees, contractors, and subcontractors shall have the right to make such inspections, surveys, andtestsas arenecessaryin Party's soleandabsolutediscretion, including, without limitation soils tests, toxic waste analysis, geological or engineering studies and land use or related studies.
Notwithstanding the foregoing, prior to performing any borings at a Property or an environmental site assessment, the inspecting Party shall obtain the other Party's prior written consent, which consent shall not be unreasonably withheld, of permission to undertake the borings or environmental site assessmentand the work plan therefor. The inspecting Party shall repair any damageand indemnify, defend, and hold the other Party and each of their officers, directors, employees, contractors, successors, and assignsharmlessfrom any cost, claim, or expensearising directly from such entry or the performanceof such tests by inspecting Party's or its agents, employees, contractors, or subcontractors.
b) Property Documents. During the Due DiligencePeriod, each of the Parties shall make available to the other Party for inspection, within five ( 5) business days of the Effective Date of this Agreement, all documentsand information in their possessionor control pertainingto their Property, including, but not limited to, any and all leases, liens, tentative and final maps, surveys, plats, title reports, soil reports, assessment and financing district documentation, environmental studies, property tax bills, and entitlement documents ( collectively, the " Property Documents"); provided that the Party shall not be obligated to disclose to the other Party any appraisal or opinions of the value of their Property, nor any of the Party's internal financial analyses, credit analyses, businessplans, materials relating to that Party's cost to acquire their Property, or any documentsor communicationssubjectto the attorney-client privilege. c) Due Diligence. If a Party is not satisfied with the condition of the other Party's Propertyor title of the other Party's Property, at the expirationof the Due Diligence Period, the Party may, at it' s sole discretion, terminate this Agreement. Upon such termination, Escrow Holdershallreturnall fundsdepositedintoEscrowby thePartiesandthePartiesshallshareequally the expensesof canceling Escrow.
7. Condition of Title. It shall be a condition to the Close of Escrow, as defined in Section 8(a) of this Agreement, for the Parties' benefit that title to each of the Properties be conveyed by Grant Deed subject to the following condition of title(" Condition of Title"):
CW 108816. 1) Page 3 of 14
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i) a lien to securepaymentof generaland specialreal propertytaxesand assessmentsfor the current tax year in which the Close of Escrow occurs, a lien not yet due and payable;
ii) the lien of supplementaltaxesarising from this transactionassessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code; iii) all exceptions to title set forth in the Reports, which have been approved by the acquiring Party;
iv) any new community facilities district bonds, special taxes, fire assessmentdistricts, andthe like for the Property, asapprovedby the City during the Due Diligence Period; and
v) mattersaffecting the Condition of Title createdby the acquiring Party or with the consentofthe acquiring Party, including, without limitation, any mechanicsliens or other encumbrancescausedby or relatedto the acquiring Party's activities which occurredprior to the Close of Escrow.
Title to eachof the Propertiesshall be evidencedby the willingness of Title Companyto issue its CLTA Standard Owner' s Form Policy of Title Insurance ( the " Title Policy") in the amount determined as to each Property by the acquiring Party showing title to the Property vested in acquiring Party subject only to the Condition of Title. Each Party shall have the right, provided same does not delay theClose of Escrow, to elect to obtain an ALTA Extended Coverage Owner' s Title InsurancePolicy on the Property it is acquiring, at its sole cost and expense. The conveying Party shall pay the cost of a CLTA StandardOwner's Title Policy, and acquiring Party shall pay andbe solely responsiblefor anyadditional premiumsor othercostsfor ALTA ExtendedCoverage, or any endorsements to the Title Policy.
8. Conditions Precedent. If any of the conditions contained in Sections 5 through 8 collectively, " Conditions Precedent") are not met prior to the Close of Escrow, either of the Parties shall havethe right to terminatethis Agreementby written noticeto the other Party, in which event Escrow Holder shall return all funds deposited into Escrow by the Parties and the Parties shall share equally the expensesof canceling Escrow
9. Closing Obligations.
a) Close of Escrow. For purposes of this Agreement, the " Close of Escrow" or Closing" shall be defined as the date on which the Conditions Precedent have been satisfied and the grant deedsin substantiallythe sameform attachedheretoas Exhibit C, conveyingthe Properties are recorded in the Official Records of Stanislaus County, California ( the " Official Records"). Closeof Escrowis anticipatedto occurno laterthanthirty (30)daysafterthelastdayof the Due Diligence Period. The Closeof Escrowmay beextended, by a writing signedby all Parties to this Agreement, to a date necessaryto accommodatecompletion of any of the Conditions Precedent.
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b) On or beforea datethat is two( 2) businessdaysprior to theCloseof Escrow, thefollowing mustbeprovidedto the EscrowHolder:
i) Parties shall deliver the following to the Escrow Holder: ( 1) the Grant Deed to their Property, properly executed and notarized; ( 2) a duly executed certification required by the Foreign Investmentin RealPropertyTax Act and its California Revenueand Taxation Code equivalent ( together, " FIRPTA"); ( 3) an affidavit on the Escrow Holder standard forms so that the EscrowHoldwercandeleteor modifythe standardprintedexceptionsasto partiesin possession, unrecorded liens ( including statutory materialmen' s liens), and similar matters; ( 4) an acknowledgedclosingstatementreflectingtheclosingadjustmentsandprorationscontemplatedby this Agreement( the " Closing Statement"); and (5) with respectto City' s conveyanceof its Property to Parson an executedCertificate of Acceptance in generally the fowm attrached hereto and incorporated herein by this reference as Exhibit D.
ii) Partiesshall deliver an executedcounterpartof the Closing Statement to the Escrow Holder.
c) SupplementalInstructions. Partiesagreeto execute, deliver, andbe boundby any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummatethe transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersedeany of the materialportionsof this Agreement. In the eventof any inconsistencybetweenthe provisions of such supplementalinstructionsand the provisions of this Agreement, the provisions of this Agreement shall control. d) Closing Funds. Not lessthanone( 1)businessdayprior to the datesetfor the Close of Escrow, Parties shall deposit or cause to be deposited with Escrow Holder, in a form acceptableto EscrowHolder, EscrowHolder's estimateof Partiesshareof closing costs, prorations, charges payable pursuant to this Agreement.
e) Costs and Expenses. The escrow fee of Escrow Holder and related costs including, without limitation, Escrow Holder's customary charges to buyers and sellers for document drafting and miscellaneous charges), as well as all recording fees payable in connection with therecordationof theGrantDeed, shallbe sharedequallybetweenthe Parties. f) Prorations and Adjustments. The following prorations shall be made between Seller and Buyer on the Close of Escrow, computed as of the Close of Escrow ( with incomeandexpensesfor the dateof theCloseof Escrowbeingallocatedto Seller):
i) Property Taxes and Assessments. All current ad valorem taxes and all currentgeneralandspecialtaxesandassessmentson the Propertiesshallbeproratedthrough Escrow between the Parties as of the date of Close of Escrow based upon the latest available tax informationandtheportionof thetaxableyeareachPartyhaspossessionof theirProperty, without regard to any reassessmentsor subsequent changes. All supplemental taxes (regardless of whether a bill for suchtaxes is receivedafter the Close of Escrow bythe Parties) and future assessmentsor encumbrancesleviedby anyassessment, maintenance, schooldistrictor like entity, attributableto CW 108816. I} Page 5 of 14
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the Properties shall be prorated on the same basis, as shall special taxes and any assessmentsunder Mello-RoosCommunity Facilities District andthe like now encumberingthe Propertiesor proposed to encumber the Properties.
ii) Proration Statement. At least three ( 3) days prior to the Close of Escrow the Parties hereto shall agree upon all of the prorations to be made and shall either ( i) submit a statement to the Escrow Holder setting forth the same, or ( ii) approve the Closing Statement prepared by Escrow Holder setting forth the prorations. In the event that any prorations, apportionments, or computations made under this Section shall require final adjustment after the Close of Escrow, then the Parties hereto shall make the appropriate adjustments promptly when accurate information becomes available and either Party hereto shall be entitled to an adjustment to collect the same. Any corrected adjustment or proration shall be promptly paid in cash or a certified or bank cashier' s check to the Party entitled thereto.
10. Possession. At Closing, each Party shall deliver to the other possession of their Property, free and clear of occupancy by all persons, firms, or corporations, whether or not under claim of right or color of title.
11. Representations and Warranties. In consideration of entering into this Agreement and as an inducement to each Party to exchange their Property, each Party makes the following representations, acknowledgements, and warranties to theother Party, as of the date of this Agreement and as of the Close of Escrow, each of which is material and is being relied on byother Party:
a) Authority. The Party has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery andperformanceof this Agreementandthe documentsrequiredto beexecutedpursuantto this Agreementhavebeenduly authorizedand no other action is requisiteto the valid and binding execution, delivery, and performance of this Agreement and such documents. This Agreement has been, andthe documentsrequiredto be executedpursuantto this Agreementhavebeen, or asof the Close of Escrow will be, duly executedby the Party and legal, valid, and binding obligations enforceable against the Party in accordance with their respective terms, subject to applicable bankruptcy, insolvency, reorganization, and other similar laws affecting the rights of creditors generally and general principles of equity.
b) Litigation. No litigation has been served on the Party that is pending, or to the Party' s current actual knowledge, without duty of inquiry, proposed, threatened or anticipated, or any law enforcement or other proceeding which may cause disgorgement or forfeiture with respect to any matter affecting their Property or the operation thereof. c) Bankruptcy Matters. Neither Party has made a general assignment for the benefit of creditors, filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its creditors, suffered the appointmentof a receiver to take possessionof substantiallyall of its assets, sufferedthe attachmentor otherjudicial seizureof substantiallyall of its assets, admittedits inability to pay its debtsas they comedue, or madean offer of settlement, extension, or composition to its creditors generally.
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d) Title. The Parties have good and marketable, fee simple title to their Property, freeandclearof anyandall liens, encumbrances, orotherrestrictions, whetherexistingof record or otherwise, other than the Condition of Title. EachParty hasno actualknowledge of any unrecorded or undisclosed legal or equitable interest in their Property owned or claimed by anyone other thanthe Party.
e) During the Party' s ownership of their Property, no contracts, agreements, or options ( other than those which have already expired) have been granted to others to purchase or to leaseany interestin their Propertyor any partthereof or which will survivethe Closeof Escrow or otherwise impose an obligation on the other Party, and the Party otherwise has the exclusive right of possession to the Property.
0 During the Party's ownership, the Party has no actual knowledge of any violation of governmentallaws, regulations, or ordersrelating to their Property which may cause disgorgement or forfeiture with respect to any matter affecting their Property or the operation thereof.
g) To the best of each Party' s knowledge: ( 1) their Property is free of Hazardous Materials ( defined below); ( 2) there has been no storage, generation, disposal, release, discharge or treatment of any Hazardous Materials upon or in their Property; ( 3) no radon gas has beendetectedat their Property; and (4) their Propertyhasnot beenthe subjectof any federal, state or local government action or third party claim because of the release, threat of release, discharge, storage, treatment, generation, emissionor disposalof any HazardousMaterialson, in or from their Property. Neither Party shall, prior to Closing, bring or permit any Hazardous Materials to be brought onto their Property. The term " Hazardous Materials" shall mean, without limitation, any material or substance which is defined as a " hazardous waste", " hazardous substance", or the like under the laws or regulations of the State of California or United States ( collectively, Environmental Laws") including any material or substance that is: ( a) petroleum, oil, gas, or any direct or derivative product or byproduct thereof; ( b) defined or listed as a hazardous waste, extremely hazardous waste or restricted hazardous waste under the Hazardous Waste Control Law Cal. Health and Safety Code §§ 25115, 25118, 25122. 7 and 25140); ( c) defined as a hazardous substance under the Carpenter-Presley-Tanner Hazardous Substance Account Act ( Cal. Health and Safety Code § 25316); ( d) defined as a hazardous material, hazardous substance, or hazardous waste under the Hazardous Materials Release Response Plans and Inventory ( Cal. Health and Safety Code §§ 25501 and 25501. 1); ( e) defined as a hazardous substance under Underground Storage of Hazardous Substances ( Cal. Health and Safety Code § 25281); ( f) used oil ( see Cal.
Health and Safety Code § 25250. 1; ( g) asbestos; ( h) material listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 1 of Title 22 of the California Code of Regulations, Division 4, Chapter 30; ( i) material defined as waste or a hazardous substance pursuant to the Porter- Cologne Act ( Cal. Water Code § 13050); ( j) material designated as a toxic pollutant pursuant to the Federal Water Pollution Control Act ( 33 U. S. C. § 1318); ( k) material definedasa hazardouswastepursuantto the FederalResourceConservationandRecoveryAct, 42 U. S. C. § 6901 et seq.; ( 1) material defined as a hazardous substance pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, ( 42 U. S. C. § 9601 et seq.); ( m) material CW1088I6. 1} Page 7 of 14
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defined as a hazardous material pursuant to the Hazardous Materials Transportation Act; or n) material regulated by any Superfund or Superlien law, or any other federal, state or local law, statute, ordinance code, rule, regulation, order or decree that is in effect and regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials, oil wells, underground storage tanks or pipelines. Hazardous Materials include asbestos, petroleum products, and any other hazardous waste or substance which has, as of the date hereof, been determined to be hazardous or a pollutant by the U. S. Environmental Protection Agency, the U.S. Department of Transportation, or any instrumentality authorized to regulate substances in the environment which hasjurisdiction over their Property which substance causes the Property ( or any part thereof) to be in material violation of Environmental Laws.
h) Each Party has no knowledge of any latent or patent defects to their Property that have not been disclosed.
i) Each Party is not a foreign person and is a " United States Person" as such term is defined in the Internal Revenue Code, as amended. ( See I. R. C. § 7701( a)( 30)). j) Each Party is not an entity named on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of Treasury, as last updated prior to the Execution Date, and each party shall take any actions required to comply with the USA Patriot Act of 2001, as amended, and any regulations promulgated under the foregoing law, Executive Order No. 13244 on Terrorist Financing, any sanctions program administrated by the U.S. Department of Treasury' s Office of Foreign Asset Control or Financial Crimes Enforcement Network, or any other laws, regulations, executive orders or government programs designed to combat terrorism or money laundering, if applicable to this Agreement. k) EachParry's representationsand warrantiesshall survive for a period of six 6) monthsafter the Closeof Escrow, after which no action shall be permittedto becommencedby either Party with respectto suchrepresentationsand warranties, exceptin the event of fraud by a Party occurring prior to the Close of Escrow.
12. Parson' s Post-Closing Obligation. On or before the One Hundred Eightieth ( 180th) day after Close of Escrow, Parson shall cause the buildings on Parcel 2 to be removed from Parcel
2. Parson ( and its agents, employees, contractors and representatives), at its sole cost and expense, shall havethe right to enteruponParcel2 after Closeof Escrowat anytime (at its/their solerisk) to completethe removal of the buildings on Parcel2. In addition to the foregoing, City agrees, at no costto City, to executeany andall forms, applications, or othersimilar documentationnecessaryor advisable to enable Parson to process any and all permits, licenses, or other applications required in connectionwith the removal of the buildings from Parcel2. Parsonshall keep Parcel2 free and clear of all liens arising out of Parson's activities conducted upon Parcel 2 in connection with removal of the buildings thereon. Parsonshall indemnify, defendand hold City and Parcel2 free and harmless of and from all costs, expenses, damages, claims, liabilities, attorneys' fees and costs or chargesarising out of, or in any way connectedwith, Parson's entry upon Parcel2 andremoval of the buildings thereon; provided, however, the removal of the buildings on Parcel 2 shall not be considered damage to the Parcel 2. Prior to entering Parcel 2 after Close of Escrow, Parson shall provide City with a certificateof generalliability insurance, with a combinedsinglelimit of liability CW 108816. 1 y Page 8 of 14
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not less than ONE MILLION AND NO/ 100 DOLLARS ($ 1, 000, 000. 00). Parson shall notify City directly at leasttwenty-four twelve (24) hours prior to any entry by Parsonor its agentsonto the Parcel2 after Closeof Escrow. Parson's right of entry and accessto Parcel2 shall termionateafter the buildings on Parcel 2 have been removed.
13. Brokers. Neither Party has contactedor enteredinto any agreementwith any real estate broker, agent, finder, or any other party in connection with this transaction (" Broker"), and neither Party has taken any action that would result in any other Broker's or other fees or commissionsbeing due or payableto any other party with respectto this transaction. If a Broker brings a claim for a commission or fee related to the Property, the Party through whom the Broker makesthe claim shall be solely liable and responsiblefor any amount owed to Broker and any expensesincurred by the other Party in defending against the same. The provisions of this paragraph shall survive Closing.
14. Termination.
a) Failure to Close Escrow. If any of the conditions to the Close of Escrow set forth in this Agreement are not timely satisfied or waived: ( i) the Escrow and the respective rights and obligations of the Parties hereunder shall terminate at the election of the Party for whose benefit such condition exists ( except for obligations which are expressly stated to survive any termination of this Agreement); ( ii) Escrow Holder shall promptly return to the Parties all documents deposited by them respectively which are then held by Escrow Holder; and ( iv) the Parties shall equally pay Escrow Holder' s fees and costs.
b) Risk of Loss. Each Party bears all risk of loss related to their Propertyprior to the Close of Escrow. If, prior to the Close of Escrow, either Property is materially damaged by any casualty and such damage is not repaired or arrangements for the escrow of funds sufficient to pay for necessary repairs are not made prior to the Close of Escrow, then the other Party will have the option to terminate this Agreement by providing written notice to the Party. If the other Party does not elect to terminate this Agreement, it will remain in full force and effect and they shall purchase the Property " As Is."
15. Survival. Any obligations, representations, and warranties that are expressly provided to survive termination of this Agreement and, if the Close of Escrow occurs, any provision which by its nature and effect is required to be performed after the Close of Escrow ( collectively, the " Survival Obligations") shall survive the Close of Escrow and remain binding and for the benefit of the Parties until fully performed. Upon termination, neither Party shall have any further obligations under the Agreement except for the Survival Obligations.
16. Notices. Except where such other form of notice is expressly permitted by this Agreement, any notice required or permitted to be given in connection with this Agreement must be in writing and will be deemed to have been given: ( a) when hand delivered ( deemed received on receipt or refusal of delivery); ( b) when delivered by a nationally recognized overnight express delivery service ( deemed received the next business day); or( c) when deposited in the United States Mail, registered or certified mail, postage prepaid, return receipt requested ( deemed received the third business day after posting). Notices may be executed and sent by the other Party' s legal counsel.
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Each notice shall be addressed, transmitted, or delivered, as the casemay be, as set out below, or at suchother addressas may from time to time be designatedin writing in accordance with this subsection:
To : Shane Parson
6055 Central Ave.
Ceres, CA 95307
With copy to: Russell A. Newman, Esq.
1034 12th Street
Modesto, CA 95354
Email: russ. newman51@gmail. com
To: City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: City Manager
With copy to: White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, CA 95814
Attn: Tom Hallinan
Email: Tom@whitebrennerllp. com
Notice of changeof addressshall be given by written notice in the mannerdetailed in this Section 16. Rejection or other refusal to accept or the inability to deliver becauseof changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request, or communication sent.
17. Legal Fees. In the event any legal action or demand for arbitration ( if applicable) is filed in relation to this Agreement, the unsuccessfulParty in that proceeding shall pay to the successfulPartythe latter's reasonableattorney's feesin addition to anyotherrelief recovered.
18. Assignment. The Parties may not assign or otherwise transfer its rights or obligations under this Agreement without the prior written consentof the other, which may be withheld in its sole and absolutediscretion. In the event a Party consentsto same, this Agreement and all rights of the other Party hereundermay be assignedor transferred to a transferee (the Transferee"), in which event all instruments, documents and agreements required to be delivered hereunder shall be delivered to, and run for the benefit of the Transferee, and the Transferee shall execute and deliver any instruments, documents or agreements required to be executed and deliveredhereunder. Any assignmentshallbein writingandshallcontainanexpressassumptionby the Transfereeof all of the Party's duties and obligationshereunder. Notwithstandingsuch assignment and assumption, the assignor shall not be released from any of it's obligations hereunder.
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ITEM 13
19. General Provisions.
a) Survival of Covenants. The covenants, indemnities, representations and warranties of each of the Parties set forth in this Agreement shall survive the Close of Escrow and shall not be deemed merged into the Grant Deed from that Party upon its recordation. b) Required Actions of the Parties. Parties agree to execute such instruments and documents and to diligently undertake such actions as may be reasonably required in order to consummate the exchange herein contemplated and shall use good faith efforts to accomplish the Close of Escrow in accordance with the provisions hereof. c) Time of Essence. Time is of the essenceof each and every term, condition, obligation, and provision hereof. All references herein to a particular time of day shall be deemed to refer to California time.
d) Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Further, the Parties shall consider a copy of the signed Agreement for all purposes as an original of the Agreement to the maximum extent permitted by law, and no Party to this Agreement shall have any obligation to retain a version of this Agreement that contains original signatures in order to enforce this Agreement, or for any other purpose. The Parties may also deliver executed copies of this Agreement to each other by electronic mail ( including pdf or any electronic signature complying with the U. S. federal ESIGN Act of 2000, e.g., www. docusign. com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. No Party may raise the use of any image transmission device or method or the fact that any signature was transmitted as an image as a defense to the enforcement of this Agreement. At the request of either Party, the Parties will confirm signatures by signing and delivering an original document e) Captions: Interpretation. Any captions to, or headings of, the Paragraphs or Subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. The use of the terms " hereof," " herein" and " hereunder" shall mean and refer to this Agreement as a whole, unless the context expressly requires otherwise.
This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party or parties causing this Agreement to be drafted. f) No Obligations to Third Parties. Except as otherwise expressly provided herein, the executionanddelivery of this Agreementshall not bedeemedto confer anyrights upon, nor obligate anyof the partieshereto,to anypersonor entity otherthanthe partieshereto. g) Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference for all purposes.
h) Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Partieshereto.
CW108816. 1} Page 11 of 14
ITEM 13
i) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operateas a waiver of any future breachof any such provision or any other provision hereof
i) Applicable Law and Venue. This Agreement shall be governed by and construedand enforced in accordancewith the laws of the State of California, and any action broughtto interpretor enforcethis Agreementshallbe venuedin the County of Stanislaus. k) Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expensesin connection with this Agreement. 1) Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby.
m) Partial Invalidity. If a court adjudges any portion of this Agreement as applied to either party or to any circumstances to be void or unenforceable, such portion shall be deemed severed from this Agreement and shall in no way affect the validity or enforceability of the remaining portions of this Agreement.
n) Successors and Assigns. Subject to the provisions of Section 19, this Agreement shall be binding upon and shall inure to the benefit of the successorsand assigns of the parties hereto.
o) Calendar Days. Unless otherwise specified, all " days" referred to in this agreement are calendar days. In the event any date described in this Agreement relative to the performance of actions hereunder or the delivery of any item by the Parties or Escrow Holder falls on a Saturday, Sunday or legal holiday, such date shall be deemed postponed until the next business day thereafter.
p) Good Faith. Whenever a Party' s consent or approval is required under this Agreement, that consent or approval will not be unreasonably withheld, conditioned, or delayed, except as expressly provided to the contrary in this Agreement. q) Submission of Document. Submission of this Agreement to Parties for examination or signature does not constitute an offer, reservation, right or option to exchange theProperties, and will not be effective as a binding agreement or otherwise until full execution by and delivery to bothParties and approval of the Agreement by the City Council.
Signatures on Following Page]
CW108816. 1} Page 12 of 14
ITEM 13
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above.
Parson Properties LLC, a California limited City of Ceres, a California municipal liability company corporat'
By:
By: Alex Terrazas, City Manager
Name: Shane Parson
Its: Member- Manager
I/'Date: Date:
By:
Name: Kimberly Parson
Its: Member- Manager
Date:
APPROVED AS TO FORM:
BY: yC Z
Nu a Goldstei City Attorney
CW 108816. 1) Page 13 of 14
ITEM 13
ITEM 13
Acceptance by Escrow Holder:
Chicago Title Insurance Company hereby acknowledgesthat it has received originally executedcounterpartsor a fully executedoriginal of the foregoingAgreementfor Exchangeof Real Estate and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder.
Dated: 2022
CHICAGO TITLE INSURANCE COMPANY
By:
Name:
Its: Authorized Agent
CW 108816. 1} Page 14 of 14
ITEM 13
Exhibit A
PARCEL 1 LEGAL DESCRIPTION
THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF STANISLAUS, CITY OF CERES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 13 OF BLOCK 35 OF THE CITY OF CERES, ACCORDING TO THE OFFICIAL
MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF STANISLAUS COUNTY, CALIFORNIA, ON MARCH 29, 1927 IN VOLUME 11 OF MAPS, AT PAGE 1.
APN: 127- 017- 036
END OF LEGAL DESCRIPTION***
CW 108816. 1}
ITEM 13
Exhibit B
PARCEL 2 LEGAL DESCRIPTION
THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF STANISLAUS, CITY OF CERES.
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS
ALL THAT PORTION OF LOT 6 IN BLOCK 14 OF THE CITY OF CERES, ACCORDING TO THE
OFFICIAL MAP THEREOF, FILED IN THE OFFICE OF THE RECORDER OF STANISLAUS COUNTY, CALIFORNIA, ON MARCH 29, 1927, IN VOLUME 11 OF MAPS, PAGE 1, DESCRIBED AS
FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 6, 60 FEET- THENCE WESTERLY AND PARALLEL TO THE SOUTH LINE OF SAID LOT 6, 115 FEET. THENCE SOUTHERLY AND PARALLEL TO THE EAST LINE OF SAID LOT 6 TO A POINT ON THE SOUTH LINE OF SAID LOT 6; THENCE EASTERLY, ALONG THE SOUTH LINE OF SAID LOT 6, 115 FEET TO THE TRUE POINT OF BEGINNING.
APPC 127•- 015- 018
END OF LEGAL DESCRIPTION-
CW108816 I:
ITEM 13
Exhibit C
FORM OF GRANT DEED
Recording Requested By and
When Recorded Mail to:
MAIL TAX STATEMENTS TO:
Above Space for Recorder' s Use Only)
GRANT DEED
Assessor Parcel Number: - -
The undersigned Grantor declares:
Documentary transfer tax is: $
computed on full value of property conveyed, or
X) computed on full value less value of liens and encumbrances remaining at time of sale.
Unincorporated area.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor"), hereby GRANTS to
Grantee"), the following described real property ( the
Property") located in County of Stanislaus, State of California, together with all buildings, structures and improvements affixed thereto:
SEE EXHIBIT " A" ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE
SUBJECT TO:
1. Taxes and assessments. not delinquent.
2. Matters which an examination of the property or a survey thereof would reveal, whether of record or not.
CW 108816. 1}
ITEM 13
IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as of the day of 20 .
SIGNATURE BLOCK OF GRANTOR
Following Pages:
ACKNOWLEDGEMENTS
EXHIBIT A TO GRANT DEED
Legal Description
To Be Attached]
CW 108816. 1}
ITEM 13
Exhibit D
FORM OF CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the interest in real property conveyed by the Grant Deed dated 20 , fromParson Properties LLC, a california limited liability company, to the City of Ceres, a California municipal corporation, is hereby accepted by the undersigned officer on behalf of City of Ceres, pursuant to authority given by Resolution of City of Ceres City Council, and the Grantee consents to recordation thereof by its duly authorized officer.
Dated: 2022
City of Ceres, a California municipal corporation
By:
Alex Terrazas, City Manager
CW 108816. 1}
ITEM 13
16F
C '
t
Ad(_- .• N CONTRACT ROUTING SHEET
VFr P
J
For Contracts that REQUIRE COUNCIL APPROVAL
R WE Contracts of more than$ 25, 000, and contracts for a lesser amount but are either not budgeted or will not be completed within one (1) year.)
Date: 8/ 30/ 2022 Department: City Manager
Submitted by: Cristina A. Division: City Manager
Name of Vendor: Parson Properties LLC
Amount of Contract: Account#:
Council Meeting Date: August 8, 2022 Reso No. 2022- 104 Two( 2) Original Contracts Required
Funding Source ( select & complete applicable category) Funds Available
Requires Administrative Budget Amendment— Attach completed form ( I.:IEveryonelFORMSI Administrative Budget Amendment)
Purchases Exceeding$ 25, 000 require a Formal Bid Process, and approval by the City Council. ( Purchasing Policy) City Attorney Review
Insurance Requirements
e
Contract terms reviewed
Approved as to Form
Reviewed& Approved by:
Initials)
Department Head
Date
Director of Financecag) 10,5c. i.„...a.,. \ --26.16k3 9 ( w 122_ Date
Human Resources/ Risk Managemen(
4..., se)/ 2Z
Date
City Attorney VZZ
Date
9.1City Manager 3/ rz.
Date
City Clerk
Attest and File in LaserFiche) Date
Purchase Order, Administrative Budget Amendment & copy of contract to Finance Dept: Date: Initials ITEM 13
RESOLUTION NO. 2022- 104
APPROVING AN AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY AND
JOINT ESCROW INSTRUCTIONS WITH PARSON PROPERTIES, LLC AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres ( the " City") owns a parcel consisting of approximately 0 17 acres of real property, improved by two residential buildings of approximately 1,836 square-feet. located at 2936 5th Street, Ceres, CA 95307 in the County of Stanislaus, State of California, Assessor' s Parcel Number 127-017- 036-000.
Parcel 1") and more particularly described in the Agreement for Exchange of Real Property and Joint Escrow Instructions ( the " Agreement"); and WHEREAS, Parson Properties LLC ( Parson") owns a parcel consisting of approximately 0. 16 acres of real property, improved by a residential building of approximately 1,024 square-feet located at 2761 6th Street, Ceres, CA 95307 in the County of Stanislaus, State of California, Assessor' s Parcel Number 127-015-018-000 and more particularly described by the Agreement (" Parcel 2" and together Parcel 1 and Parcel 2 may hereinafter be referred to individually as " Property' and collectively as Properties.): and
WHEREAS, the City and Parson wish to exchange the Properties upon the terms and conditions hereinafter set forth in the Agreement ( Exhibit A) NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Ceres approves an agreement for the exchange of real property and joint escrow instructions with Parson Properties. LLC and authorizes the City Manager to execute the agreement.
PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting thereof held on the 8th day of August 2022, by the following vote:
AYES: Council Members: Casey, Kline, Silveira and Mayor Lopez NOES: Council Members: None
ABSENT: Council Members: None
ABSTAINED: Council Members: None
4ffavier Lopez. Mayor
ATTEST:
40-1A-k)
Fallon Martin, City Clerk
ITEM 13