Agenda — Ceres City Council, September 25, 2023

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, September 25, 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 Stochl, Harvest Presbyterian.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

Click this link to join the webinar:
https://us02web.zoom.us/j/83174437631?pwd=YjlPNUdKQmVmdGErL3JYcGlNUmR1dz09

Webinar ID: 831 7443 7631; Passcode: 595747; 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
September 25, 2023

Page 2 ends

PRESENTATIONS

A. Hispanic Heritage Month Proclamation

B. StanCOG Unmet Transit Needs Presentation

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

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

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

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

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

1. Clerks Report of Posting. The agenda of the August 28, 2023 City Council Meeting was Posted on Tuesday, September 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. Register of Audited Demand (s) Date d August 30 , 202 3 through September 6 , 2023. (Robbins)

4. General Correspondence – Information Only
a. Public Works Monthly Report for August 2023

5. Resolution No. 2023 -XXX, Approving a Project Agreement for General Capital Improvement Project Support to Herner Solutions and Authorizing the Interim City Manager to Execute the Agreement. (Waugh)

6. Resolution No. 2023 -XXX, Awarding the Design Contract for the HSIPSL - 5241(076) Median Installations and HSIPSL -5241(077) Traffic Signal AGENDA
Regular City Council Meeting
September 25, 2023

Page 3 ends

Improvement Projects to TL Engineering and Authorizing the Interim City Manager to Execute the Contract. (Waugh)

7. Resolution No. 2023-XXX, Approving a Change in Cellular Service from Verizon Wireless to T-Mobile. (Frederick)

8. Resolution No. 2023 -XXX, Approving the Use of American Rescue Plan Act (ARPA) Funds and a Budget Amendment to Support the Service and Retirement Award Program. (Vasquez)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

9. Waiver of Second Reading and Adoption of Ordinance No. 2023 -XXXX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend the Regulations Related to Food Trucks. (Hoem)

PUBLIC HEARING

None

NEW BUSINESS

None

DISCUSSION ITEMS

10. River Road Mutual Water Company Request for Water Service. (Royal)

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

REPORTS
At this time, any Councilmembers or City staff will make an announcement, or report briefly on his /her activities.

• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor
AGENDA
Regular City Council Meeting
September 25, 2023

Page 4 ends

CLOSED SESSION

11. Public Employment, Cal. Gov’t Code §54957(b)(1)
Title: City Manager

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on October 9, 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 2 220 Magnolia Street, Ceres, CA during normal business ho urs.

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 parti cipate 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 th e Regular City Council Meeting was posted on Tuesday, September 19, 2023, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

DECLARING SEPTEMBER 15th – OCTOBER 15th, 2023 AS

HISPANIC HERITAGE MONTH

WHEREAS, National Hispanic Heritage Month, known as “Mes de Herencia Hispana”, is celebrated nationwide from September 15 th – October 15th each year. The observation started in 1968 as Hispanic Heritage Week and was expanded by President Ronald Reagan in 1988, to cover the month at which it is celebrated today. September 15
th is significant because it is the anniversary of
independence for Latin American countries Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16
th and 18th, respectively; and
WHEREAS, Latinos are individuals that are descendants from Latin American countries and may speak a v ariety of different languages. Hispanics are individuals that speak Spanish and are descendants from Spanish speaking countries, including Spain; and
WHEREAS, understanding that Hispanics are extremely entrepreneurial and play a vital role in our economy and workforce and the City of Ceres recognizes the significant contributions they have made; and WHEREAS, the City of Ceres is committed to recognizing the Hispanic/Latino culture and heritage as an important part of the city and i ts strong, inclusive community.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey and Mike Kline, do hereby proclaim September 15
th – October 15th, 2023 as Hispanic
Heritage Month in the City of Ceres.

Proclaimed this 25th day of September, 2023

___________________________
Javier Lopez, Mayor

The Unmet
Transit Needs
Kick-Off
September 25, 2023
A Presentation to the Ceres City Council
by Stanislaus Council of Governments
ITEM B
StanCOG and the
Transportation Development Act (TDA)
Unmet Transit
Needs Required
by TDA Law
Requirements
Include
Public Outreach
➢ Transportation Development Act (TDA) Law requires that StanCOG annually complete Unmet Transit Needs (UTN)
Process
➢ Requirements Include:
➢ 1 Public Hearing
➢ Outreach
➢ Determine if there are transit
needs reasonable to meet
➢ Prepare UTN Analysis Report
ITEM B
Unmet Transit Needs Schedule
Unmet Transit
Needs Required
by TDA Law
Requirements
Include
Public Outreach
Month Task
September 2023 Present UTN schedule to StanCOG
Standing Committees and Policy Board
September 5- November 14 2023
UTN Survey available at stancog.org
Social media, e-mail outreach, and pop-
up events
UTN Presentations and Pop-up Events
October Notification in local publications 30-days
prior to Public Hearing completed prior
to October 13
November 14, 2023 Public Hearing – StanCOG Policy Board November 15 - December 2023
Evaluation of Comments
Begin preparation of Draft UTN Report
January 2024 Present Draft UTN Report to StanCOG
Standing Committees and Policy Board
February Draft Analysis 30-day Comment Period
March 2024 Adopt Final UTN Report – StanCOG
Standing Committees and Policy Board
ITEM B
Unmet Transit
Needs Required
by TDA Law
Requirements
Include
Public Outreach
Team Approach to Maximize
Outreach Efforts
Presentations to local councils, boards, and other stakeholder groups Pop-up events at transit hubs
StanRTA, MOVE, and Turlock Transit provide updates to their community services agencies
MOVE hand out UTN flyers while providing travel training services ITEM B
UTN Flyer with QR Code for Survey
Unmet Transit
Needs Required
by TDA Law
Requirements
Include
Public Outreach
➢ Distributed at outreach events
➢ Posted on StanRTA and Turlock
Transit buses
➢ Social media posts
➢ Posted on StanCOG website
➢ Links to StanRTA, Turlock
Transit, and MOVE’s website

ITEM B
What’s Next?
Compile
Comments
Analysis Report
Policy
Board
Approval
Funds
Distributed
Establish
Reasonable
to Meet
ITEM B
UTN Definitions
Unmet Transit
Needs Required
by TDA Law
Requirements
Include
Public Outreach
➢StanCOG defines a UTN as a need for transportation
service(s) for an individual(s) within the County that have not been funded or implemented within the last five FY’s and been documented as a UTN
➢Reasonable to Meet?
ITEM B

QUESTIONS
Jean Foletta, Director of Mobility
Programs
[email protected]
209-525-4891
ITEM B
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3

COUNCIL AGENDA REPORT

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

MEETING DATE: September 25, 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 August 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 August 2023.

FACILITY SERVICES:
• Completed 145 Facilities Maintenance work orders including: 110 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 32 preventive maintenance services.
• Requested three quotes from Johnston Controls, Trane and American Chiller to replace/upgrade the HV AC controls for PD, Fire Station 15 and the Community Center.
• Event support in co- operation with Parks and Recreation for the Concert in the Park series. Concerts were held July 11th, 18th and the 25 th. Event is well
attended.
• Requested three proposals from Crown Painting, Lancaster and Joaquin Painting for exterior painting at Legion Hall.
• Concluded the custodial RFP and walk through for Janitorial services at the Community Center. Site visit was attended by Environmental Control and JaniTek Janitorial.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

ITEM 4a
Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, and five (5) Custodians.

FLEET SERVICES:

Completed 104 work orders

Fleet, Department 20
• Install new Tommy gate on facilities Ford Ranger
• Annual fleet aerial/crane/lift equip inspections completed • John Deere skip loader had joy stick/controller unit replaced

Fire, Department 15
• N/A

Police, Department 10
• Unit 112 returned to service from dealer warranty repairs • Unit 203 Sgt Tahoe back in service from warranty repairs • Unit 106 removed from service pending building of new replacement Unit.

• Install new LPR systems in patrol units, license plate readers.

Install new computers in 2 code enforcement pickups

Streets, Department 30
• Patch truck back in service from dealer warranty work

Water, Department 35
• N/A

Parks, Department 40
• Service tractor plus new drive tires

Wastewater, Department 25
• New Kubota spray tractor arrived in, 22/23 budgeted item

Facilities, Department 41
• New transit van back from dealer warranty work

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

LANDSCAPE MAINTENANCE:

Completed a total of 490 service requests in the following categories:
• Bike Path Repairs: 0
• City Grounds Maintenance: 32
• Park Landscape and Maintenance: 281
• Parks Landscape chemical usage: 1034 gallons Parks / Grounds ITEM 4a
• Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow delivery; still pending delivery.
• Playground and Equipment Inspections: 3
• Right of Way (ROW) Irrigation Repairs: 95 sprinklers • Park Trees: 32 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 47 • Total Graffiti Vandalism & Repair cost is $3842.00 for the month of July alone.

Parks sprinklers repaired or replaced:
• Barry Grove – 2 maintenances
• Costa Fields – 6 maintenance, 2 valves replaced
• Don Pedro – 8 maintenances
• Independence – 6 vandalisms
• Dog Park – 1 maintenance
• Neel Park – 5 maintenances
• Persephone – 0
• Redwood – 0
• Riverbluff – 11 maintenances
• Riverview – 3 maintenances
• Roeding Heights – 25 maintenances
• Sam Ryno – 2 maintenances 2
• Smyrna – 7 maintenances
• Strawberry – 6 maintenances
• Whitmore – 5 maintenances 1 new heads for dry areas

Parks General Maintenance/Repairs:
• Serviced all park irrigation wells and blew out drives • Power washed Covered areas at Smyrna tables and River Bluff parks • Graffiti removal at Sam Ryno (2), Strawberry (3), River Bluff (5), Roeding (3), Neel (2), Ochoa (2), Persephone (3), Smyrna (10) Don Pedro (2), and Independence Park (1)

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 2023 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

Grounds
Rights of Way (ROWs):
• Faith Home Rd.: modifying enclosure of backflow device to make it vandal -proof, due to past vandalisms backflows need to be reinstalled. Sending list in for replacement area
• River Road; backflow devices stolen and pending replacement. Turned off water at River and Canyon Falls.

ITEM 4a
• Morgan roundabout; the artificial grass inside the inner circle to be readjusted by park staff. Need possible crane to lift boulders and reset • Re-staked 4 trees along Eastgate, 3 on Brown and 2 trees along Fowler Road

Parks
Sam Ryno:
• Temporarily closed off 2- 5 age (small child) playgrounds due to vandalism, repaired same issues with staircase twice; it is pending installation by staff scheduled for August.
• Swings broken, waiting on parts for repair.

Smyrna Park:
• Re-staked 4 trees along Presidential walkway due to vandalism • Two are dead and need to be replaced in fall of this year Neel Park:
• Existing tree near playground was defaced, staff is monitoring the condition of the tree.
• Using water truck for new planted trees
Berry Grove Park:
• Prep work for tree removal and concrete work for bench and trash can next to playground for Rotary Club. Trees were removed and stump grinded. • Prepping for concrete pad

Riverview Park:
• 6- 12 age Playground equipment damaged by fire was replaced this month. • Prep work for installing pad for Rotary Club bench and trash can.

River Bluff Park:
• Playground area - replaced 3 sprinklers due to vandalism. • Gate still closed to Lower Bluff due to erosion along riverbank caused by flood.

Lower Bluff will be closed until further notice; preparing to address all safety concerns before opening the park; fences cut 5 times to lower area. • 4 trees fell over, removed by parks crew.
• Trimmed 5 trees along soccer fields.
• Brush hogged Lower area dirt areas.

Guillermo Ochoa Park:
• Brush hogged entire park
Lions Park:
• 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 AND RECYCLING DIVISION:

Reminder: The Leaf & Limb collection ended on January 9th. 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 July 2023  Residential…………………….… 1160.22 tons
 Commercial……………………… 1617.14 tons
ITEM 4a
 Illegal dump (code enforcement) 148.20 tons, 201 locations  Illegal dump (Bertolotti) ………. .54, 6 locations  Bulky items…………………….… 35.94 tons, 129 locations
 Leaf/limb (illegal).…………….… 4.19 tons
 Street Sweep………………….… 32.20 tons
 Residential Organics…………… 452.27 tons
 Commercial Organics…………. 327 tons
 Residential Recycle………….… 174.07 tons
 Commercial Recycle …………… 3.87 tons
 C&D (Construction/Demolition Debris) 0 tons
 Used oil…………………………… 415 gallons
 Used oil filter……………...……… 62

• There were 3 garbage cart storage violation notices issued in July. • There were 20 organic cart contamination violations issued in July.

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

STREETS SERVICES:
• Staff responded to a total of 45 customer service requests • Responded to 168 Underground Service Alerts (USA) markings • Repaired 16 streetlights
• Repaired DI inlet and ring at 1830 E Hatch Road
• Removed and replaced 40’ of curb, gutter and sidewalk at 1830 E Hatch Road • Repaired section of chain link fence at storm drain pond on Rose AVE due to vehicle accident
• Patched numerous potholes
• Repaired 2 sinkholes
• Performed excavation with vacuum truck at River Bluff Park for water leak 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 6 customer service requests and 29 sewer problems, during working hours and after hours.
• Staff responded to 6 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s). There were (0) SSOs in May which resulted in 0 gallons spilled and recovered.
• Serviced or Repaired:
o Lift Stations – 11
o WWTP Equipment – 14
o Main line sewer plugs – 0
o Aerators – 0
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.

ITEM 4a
• Staff performed pond discing and ripping for weed abatement and pond rehabilitation
• Staff checked on force main to Turlock.
• Staff cleaned 9,404 feet of sewer main line.
• Staff CCTV inspected 1,998 feet of sewer line.
• Staff continues the process of updating the Wastewater Discharge Report (WDR) • SCADA Integrator, Jeff Burrows, and Wastewater Staff, c ontinued converting lift station and treatment plant controls to the new SCADA system. • Staff continued to retrofit and install a new irrigation pump control system and integrate it into the SCADA system.
• Staff assisted contractor to install & program 2 new lift station panel. • Staff removed and sent in for repairs 1 lift station pump. • Staff repaired broken manhole ring, lid and cone, and a lamp hole cover • Staff worked on preparing all roads in the treatment plant for upcoming paving & resurfacing
• Staff assisted with palm tree pruning clean up
• Staff checked & marked 213 USA tickets, which took 30 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer use charges $77,190.64 for the month of June. • Modesto sewer use charges $131,624.33 for the month of June. • Biochemical Oxygen Demand (BOD) 129 mg/L
• Treated and disposed of 71.89 MG of wastewater with an average of 2.32 MGD Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, three (2) Operator-in- Training. There are two (3) open Operator positions.

WATER SYSTEM MAINTENANCE:

Water, Department 35
• July 2023 well production was 235.9 million gallons
• Average water use for June was 7.6 million gallons per day • Water staff responded to 23 customer service requests • Water staff responded to 152 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,835
o Meters/radios serviced: 17

o Meters replaced: 40
o Meters upgraded from ¾”, 5/8” to 1”: 2
o New meter installations: 0
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 49 were exercised • Blow-offs and hydrants flushed: 12
• Water main leaks: 1
• Service line leaks: 2
• Service lines have been replaced: 0
• Hydrants replaced: 0
• Water leak/service line replaced at Central and Evans ITEM 4a
• Water staff attended generator training for River Bluff tank and performed system walk through
• Water staff completed site visit to permit River Bluff tank

Water Conservation, Department 36
July 2023 calculated residential gallons used per person per day: 113.29 • Annual average is 83.51 gallons per person per day
• Responded to 20 water conservation service requests
• Water portal has 0 residents registered
• Issued courtesy notifications: 2
• Performed 0 water audits
• Delivered 27 water waste warnings, issued 2 water waste fines and 229 excess consumption fines
• Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 1, Washing Machine: 1, and Turf Replacements: 0
Total Rebates YTD: 22
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 July 2023, we had a decrease of

3.98% from the July 2020 production numbers.

Water system maintenance is performed by one (1) Administrative Analyst, two (2) Senior Water Operators, Five (5) Water Distribution Operators, two (2) Field Service Technicians, and one (1) part-time Water Conservationist.

Approved by: __________________
Douglas D. Dunford
Interim City Manager
ITEM 4a

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: September 25, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Kevin Waugh, PE., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT: Resolution No. 202 3-XXX, Approving a Project Agreement for General Capital Improvement Project Support to Herner Solutions and Authorizing the Interim City Manager to Execute the Agreement RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approves the Project A greement for General Capital Improvement Project Support to Herner Solutions in the amount of $100,000.00 and Authorizing the Interim City Manager to Execute the Agreement.

I. BACKGROUND:

Proposals for Engineering Administrative Professional services were solicited under the On-call Request for Proposals in July 2022. On November 28, 2022, a Master On-Call agreement was executed to retain Herner Solutions to provide these services. Retainer Consultant Services agreements have proven to be successful in project delivery and supports City staff in delivering capital projects with funding deadlines.

II. REASONS FOR RECOMMENDATION:

Engineering Administrative Professional services will continue to support the City’s Capital Improvement Program (CIP ) delivery with focus on State and Federal grant funds in transportation planning and programing, administration and reporting, project delivery and close out in conformance to grant guidelines . Services will also include research and working with staff on applying for transportation- related grant funds that will support the CIP.

The CIP currently has eight (8) active projects in varying phases with two (2) programmed for FY23/24 and FY24/25. Currently, these projects total in the amount of $12M in both federal and state grants. Just in the last two years, Herner Solutions has assisted the City in securing over $8M in grant funds on three projects including Smyrna Park, and Active Transportation Improvement Projects.

ITEM 5
III. FISCAL IMPACTS:

General Capital Improvement Project Support was included and programmed in the Capital Improvement Program budget under General Street Assessment and Planning account 27195.800500 in the amount of $100,000.00.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first strategic goal:
1) “Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.” V. POLICY ALTERNATIVES:

City Council can choose to direct staff to find other consultants to provide this service under the On-Call retainer consultants or a separate RFP.

VI. INTERDEPARTMENTAL COORDINATION:

These services have been coordinated with Public Works and Planning.

VII. PUBLIC PARTICIPATION:

Public participation is based on a project-by-project basis. This agreement is for general support of the CIP and not project specific.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Execute the agreement with Herner Solutions with issuance of a Notice to Proceed.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Professional Services Agreement

ITEM 5

ATTACHMENT A
PRESOLUTION NO. 2023-XXX

APPROVING A PROJECT AGREEMENT FOR GENERAL CAPITAL

IMPROVEMENT PROJECT SUPPORT TO HERNER SOLUTIONS AND

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE

AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres requires Engineering Administrative Professional Services to support the Capital Improvement Program (CIP); and

WHEREAS, responses to a Request for Statements of Qualifications were received on July 28, 2022 and Herner Solutions was awarded and retained under an On- Call Master Agreement to prov ide professional consulting services on November 28, 2022; and

WHEREAS, the agreement to provide General Capital Improvement Project Support throughout the year is in the amount of $100,000.00; and

WHEREAS, General Capital Improvement Project Support is programmed in the Capital Improvement Program budget under General Street Assessment and Planning account number 27195.800500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a p roject agreement for G eneral Capital Improvement Project Support to Herner Solutions and authoriz es the Interim City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25
th day of September 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 5
ITEM 5
Attachment B

Consultant – Professional Consultant (2023-24)

PROJECT AGREEMENT No. #2

TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR NON-FEDERAL PROJECTS: Administrative Services

Providing: General CIP Staff Augmentation Services

Civil Engineering Consultant Services
City of Ceres Engineering Services

This Project Agreement is made by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and Herner Solutions a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.

RECITALS

A. Following a Request for Qualifications ( “RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Non-Federal Projects (“Master Agreement”) on November 28th, 2022.

B. Consultant has made a proposal to the City to provide such professional engineering services for the Cite. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set for th in this Agreement , the Master Agreement, and the Amendment.

C. The Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A. The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement.

D. The Parties have outlined the rates and method of payment to consultant for its performance of the Services under this Agreement (“ Compensation Schedule ”), which shall be included in the Scope of Services in Exhibit A.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

ITEM 5

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

HERNER SOLUTIONS

Page 2 ends

Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.

Section 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A.

Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.

Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement and the Amend ment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.

Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“ Modification” or “Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Compensation Schedule. City’s total compensation to Consultant shall not exceed ($100,000.00) (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.

Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice to Proceed”). The Performance Schedule shall be adjusted for a start date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.

Section 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Section 9. Assurance of Performan ce. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to ITEM 5

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

HERNER SOLUTIONS

Page 3 ends

provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

Section 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not li mited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.

Exhibit Designation Exhibit Title
Exhibit A: Scope of Services

Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by regi stered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
[email protected]

With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
ITEM 5

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

HERNER SOLUTIONS

Page 4 ends

Attention: City Engineer
Tel: (209) 538-5792
[email protected]

and White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.

Tel: (916) 468-0950
[email protected]

If to Consultant: Herner Solutions
PO Box 162151
Sacramento, CA 95816
Attention: Ann Herner
Tel: (916) 502-5687
[email protected]

Section 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.

Section 14. General Provisions

14.1. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

14.2. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

14.3. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

ITEM 5

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

HERNER SOLUTIONS

Page 5 ends

14.4 Drafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement.

Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of fin al entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

14.5. Counterparts. This Agreement may be executed si multaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

13.6. Entire Agreement . This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.

14.7. Supersedes Prior Agreement . It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations , whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

14.8. Mandatory and Permissive . “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

14.9. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

14.10. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

14.11. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 24 of this Agreement , including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

ITEM 5

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

HERNER SOLUTIONS

Page 6 ends

14.12. Necessary Acts and Further Assurances . The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

14.13. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

[SIGNATURES ON FOLLOWING PAGE.]

ITEM 5

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

HERNER SOLUTIONS

Page 7 ends

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

Dated: ______________________, 2023

CITY OF CERES, a municipal corporation

By_______________________________
Signature

Douglas D. Dunford, Interim City Manager
Name and Title

CONSULTANT

By_______________________________
Signature

Ann Herner, Principal
Name and Title

APPROVED AS TO FORM

__________________________________
Nubia I. Goldstein, City Attorney

ITEM 5
Exhibit A

Scope of Services
General CIP Staff Support

Herner Solutions will work wit h the City engineering staff on a as needed basis to serve as augment staff for all general CIP related activities. These elements include, but are not limited to the following services:

Transportation Programming and Financing
• Assist in development of RFPs and selection process
• Assist in the planning and development of short/long range transportation plans • Engineering review and scoping of projects for federal/state or local funding • Assist in Federal/State programming of RSTP, CMAQ, STIP, ATP and other available funds, monitoring of fund delivery
• Review, prepare and/or recommend grant funding opportunities/applications from Federal, State, local or regional programs.
• Assist with review and preparation of filing claims for reimbursement for projects, including LTF claims.

Other
• DBE Assistance & Implementation
• Assist and recommend on reporting systems and tracking reports for capital project delivery and monitoring
• Assistance on Street Saver programming, training, reports and or updates. • Provide any other related services to support programming and Capital Project delivery.

Proposed Fee:

Fee will be billed on time and material based on Herner S olutions current hourly f ee schedule under the On-Call Master Agreement.

Proposed staff: Ann Herner

Not to Exceed Amount of: $100,000.00

Notes:

There are no travel costs from Herner Solutions to and from City of Ceres. Those costs are at Herner Solutions expense.

ITEM 5

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 202 3-XXX, Awarding the Design Contract for the HSIPSL-5241(076) Median Installations and HSIPSL -5241(077) Traffic Signal Improvement P rojects to TL Engineering and Authorizing the Interim City Manager to Execute the Contract RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council award the contract for Professional Design Services on both the HSIPSL-5241(076) Median Installations and HSIPSL-5241(077) Traffic Signal Improvement projects to TL Engineering in the amount of $87,598.00 and $109,177.00, respectively for each project, and authorize the Interim City Manager to execute the contract.

I. BACKGROUND:

The City of Ceres has applied for and been granted Highway Safety Improvement Program (HSIP) federal aid funding for the above-mentioned projects. The purpose of the fund and for the projects is to achieve a significant reduction in traffic fatalities and serious injuries.

II. REASONS FOR RECOMMENDATION:

Proposals for the professional design services were solicited to our on-call Civil Engineer Retainer with proposals due on August 29, 2023. The City of Ceres has received and reviewed the two proposals from TL Engineering and Odell Engineering . Upon staff review of proposals, staff negotiated the contract terms with the highest ranked consultant, TL Engineering.

III. FISCAL IMPACTS:

The HSIPSL -5241(076) Median Installations and HSIPSL -5241(077) Traffic Signal Improvement projects were included and programmed in the Capital Improvement ITEM 6
Program 22/23 FY Carry Over List in account 27195.800500 in the amount of $51,130.00 and account 26895.800500 in the amount of $190,170.00 totaling $241,300.00.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

City Council can choose to direct staff to reject the proposal and publicly post the project with a similar or modified scope or reject the proposal and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with Public Works.

VII. PUBLIC PARTICIPATION:

There will be limited outreach efforts shortly before construction to provide only information about the project’s construction activities to the adjacent community living in or near the project area.

VIII. ENVIRONMENTAL REVIEW:

The project will be CEQA Categorical Exempt
IX. STEPS FOLLOWING APPROVAL:

Execute the contract with TL Engineering, issue a Notice to Proceed, and conduct a pre- design conference. The project is anticipated to be completed in approximately seven months after issuance of a Notice to Proceed.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Professional Services Agreement

ITEM 6

ATTACHMENT A
RESOLUTION NO. 2023-XXX

AWARDING THE DESIGN CONTRACT FOR THE HSIPSL-5241(076)
MEDIAN INSTALLATIONS AND HSIPSL-5241(077) TRAFFIC SIGNAL

IMPROVEMENT PROJECTS TO TL ENGINEERING AND

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE

CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, proposals for the design contract for HSIPSL -5241(076) Median Installations and HSIPSL-5241(077) Traffic Signal Improvement projects were received on August 29th, 2023; and

WHEREAS, the design proposal selected was from TL Engineering, in the amount of $87,598.00 for HSIPSL-5241(076) Median Installations project and $109 ,177.00 for HSIPSL-5241(077) Traffic Signal Improvement project for a total of $196,775.00 for both projects combined; and

WHEREAS, HSIPSL-5241(076) Median Installations and HSIPSL- 5241(077) Traffic Signal Improvement projects were programmed in the Budget’s Capital Improvement Program list in account number 27195.800500 and in account number 26895.800500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award the design contract for the HSIPSL-5 241(076) Median Installations and HSIPSL -5241(077) Traffic Signal Improvement Projects to TL E ngineering and authorizes the Interim City Manager to execute the contract.

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 25
th day of September 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
PROJECT AGREEMENT NO. 4

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

Page 1 ends

Consultant – Professional Consultant (2023-24)

PROJECT AGREEMENT No. #4

TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR FEDERAL/STATE PROJECTS: Civil & Traffic Engineering

Providing: General professional consulting services to develop plans, specifications, cost opinion, SWPPP, attendance to project meetings, and pre-construction services expressed in Exhibit A

Civil Engineering Consultant Services
City of Ceres Engineering Services
HSIPSL-5241(076) Median Installations and HSIPSL-5241(077) Traffic Signal Improvements

This Project Agreement is made by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and TL Engineering a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.

RECITALS

A. F ollowing a Request for Qualifications ( “RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Non-Federal Projects (“Master Agreement”) on February 13 th, 2023.

B. C
ity seeks to hire an independent contractor to perform civil engineering consultant services to assist the City with the HSIPSL-5241(076) Median Installations and HSIPSL - 5241(077) Traffic Signal Improvements (the “Project”).

C. C
onsultant has made a proposal to the City to provide such professional engineering services for the Project. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement , the Master Agreement, and the Amendment.

D. T
he Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A. The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement.

ITEM 6
PROJECT AGREEMENT NO. 4

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

Page 2 ends

E. T he Parties have outlined the rates and method of payment to consultant for its performance of the Services under this Agreement (“ Compensation Schedule”), which shall be included in the Scope of Services in Exhibit A.

N
OW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

Section 1. R ecitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.

S
ection 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A.

Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.

Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement and the Amendment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement a nd those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.

Section 5. S
ervices. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“ Modification” or “Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

Section 6. Compensation. C
ity shall pay Consultant according to the rates and timing set forth in the Compensation Schedule. City’s total compensation to Consultant shall not exceed ($220,528.00) (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

Page 3 ends

to Proceed”) . The Performance Schedule shall be adjusted for a start date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.

S
ection 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Section 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

Section 10. Liability of City. Not withstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

Section 11. E
xhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.

Exhibit Designation E
xhibit Title
Exhibit A: Scope of Services

Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such n otice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written ITEM 6
PROJECT AGREEMENT NO. 4

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

Page 4 ends

notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
[email protected]

With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Engineer
Tel: (209) 538-5792
[email protected]

an
d White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.

Tel: (916) 468-0950
[email protected]

If to Consultant: TL Engineering
664 Heron Drive
Los Banos, CA 93635
Attention: Leo Trujillo, P.E., T.E.

Tel: (209) 829-1553
[email protected]

Section 14. General Provisions

ITEM 6
PROJECT AGREEMENT NO. 4

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

Page 5 ends

Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

14.5. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

14.8. Mandatory and Permissive . “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

ITEM 6
PROJECT AGREEMENT NO. 4

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

Page 6 ends

14.10. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

14.11. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 24 of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

14.13. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

[SIGNATURES ON FOLLOWING PAGE.]

ITEM 6
PROJECT AGREEMENT NO. 4

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

Page 7 ends

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

Dated: ______________________, 2023

CITY OF CERES, a municipal corporation

By_______________________________
Signature

Douglas D. Dunford, Interim City Manager
Name and Title

CONSULTANT

By_______________________________
Signature

Leo Trujillo,
Principal
Name and Title

APPROVED AS TO FORM

__________________________________
Nubia I. Goldstein, City Attorney

ITEM 6
664 Heron Drive
Los Banos, CA 93635
T 209‐829‐1553

CITY OF CERES HSIPSL‐5241(076) & HSIPSL‐5241(077) MEDIAN & SIGNAL MODIFICATION PROJECTS

Page 1 of 20 ends

SECTION 1 – COVER LETTER

August 28, 2023

Kevin Waugh, P.E., City Engineer
City of Ceres
Engineering Services
2220 Magnolia Street
Ceres, CA 95307

Subject: Request for Professional Design Services for:

Project #1‐ HSIPSL‐5241 (076) Median Installations at Intersections: Mitchell Road at Garrison St, Dale Ave, and Kay St
Project #2 ‐ HSIPSL ‐5241 (077) Traffic Signal Improvements and Median Installatio ns
at Intersections: Mitchell Road / Fowler Road and East Whitmore Ave / Moffett Road Proposal Deadline: Tuesday, August 29, 2023, at 3:00 PM

TL Engineering (TLE) is pleased to submit this proposal in response to the City’s RFP for the HSIPSL‐ 5241(076) and HSIPSL‐5241(077) median and signal modification projects (Projects). We are a dedicated team, possessing the knowledge, experience, versatility, and responsiveness necessary to serve th
e City of Ceres. As explained in the RFP, the City is accepting proposals from the City's existing On‐Call Consulting Engineer Master Agreements list (Federal/State) to provide the necessary Civil & Traffic Engineering services for these projects. TLE is submitting this proposal to provide the services requested in the RFP.

TLE’s civil an
d traffic engineering expertise extends from traffic planning to street‐level design, and from inception to implementation of projects, including complete streets design, traffic calming, ADA compliance, public transportation, intersection analysis, roadway design, pavement rehabilitation design, traffic signal design, and Caltrans processing. TLE’s civil and traffic engineers have extens
ive experience working with city, county, regional, and state agencies to produce effective designs that balance efficient travel with health, safety, and environmental concerns.

To provide all services necessary for this project, TLE has teamed with Kelley Engineering & Surveying (KES) and Engeo. KES will provide services such as topographic survey and right‐of‐way (ROW) map
ping. Although it is assumed no geotechnical engineering services are necessary for this project, Engeo will be part of our Team to provide any geotechnical engineering services that may be needed for the project. As mentioned in the RFP, the project will be CEQA Cat Exempt, and the City will be responsible fo
r environmental approvals.

ITEM 6

CITY OF CERES HSIPSL‐5241(076) & HSIPSL‐5241(077) MEDIAN & SIGNAL MODIFICATION PROJECTS

Page 3 of 20 ends

SECTION 2 ‐ PROJECT TEAM AND QUALITY ASSURANCE

TL Engineering (TLE) is a corporation recently founded in 2022, which provides consulting services in civil engineering and traffic engineering to public works and private sector clients. TLE also focuses on providing certain specialty services that supplement other general Civil Engineering firms, including traffic signal design, ITS and fiber optic des ign, complete streets design, traffic calming design, traffic signal timing and coordination, roadway lighting, roadway design, pavement rehabilitation, design of pedestrian and bicycle facilities, ADA compliance, project management, stop/signal warrants, and other traffic engineering services. TLE’s civil and traffic engineering expertise extends from planning to street‐level design, and from inception to implem
entation of projects, including providing construction support services. TLE staff members have successfully completed many corridor, roadway, and intersection improvement projects for many cities in the Monterey County, Santa Cruz County, Santa Clara County, and Stanislaus County areas. Below is a list of the typical services provided by TLE.

CIVIL ENGINEERING TRAFFIC ENGINEERING
 ADA Compliant Design
 Pavement Section Calculations
 Pavement Rehabilitation Design
 General Roadway Design
 Complete Streets Design
 Storm Drainage Design
 Utility Improvements
 Caltrans encroachment permit processing
 Caltrans PEER / DEER design oversight
processing
 Intersection geometrics
 Signing & Striping
 Traffic Signal Design & Signal Timing
 Street Lighting
 Traffic Contr
ol Plans
 ITS & fiber optic design
 At‐grade railroad crossing design
 Caltrans Intersection Control Evaluation
(ICE)
 Caltrans Design Standard Decision
Documents (DSDD)
 Stop warrants
 Signal Warrants
 Speed Surveys
 LOS Analysis

Experience with the City of Ceres
TLE staff members have worked in Stanislaus County and other surrounding Counties & Cities for approximately 20 years. In that time, we have provided a wide variety of civil and traffic planning and design projects from traffic impact studies and traffic calming plans to full roadway, intersection, traffic signal and roundabout designs. Our Civil and Traffic Engineerin g Team has successfully completed civil and traffic engineering design projects for the City of Ceres since 2012, and our Team has also provided traffic related review services on an as‐needed basis.

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TLE Service Capabilities
The company has strong expertise working in general civil design projects, such as grading & drainage, general road design, and pavement rehabilitation. TLE specializes in working with public transportation design projects such as complete streets design, safe routes to school, traffic signal design, roadway lighting, roadway design, ADA compliance, RRFB design, signing and striping design, bikeway design, IT
S design (including adaptive systems, fiber optic communications, and CCTV), traffic control plans, project management, stop/signal warrants, traffic engineering studies, and other transportation engineering services. The TLE Team has the expertise to successfully support the scope of services identified in the City’s RFP.

Public Agency Experience
TLE’s Team offers a full range of engineering services to public agencies throughout the region.

Our Team is familiar with public permit processing with local jurisdictions, like the City of Ceres.

In addition, our Team is also familiar with permit processing with larger jurisdictions, like Stanislaus County, Caltrans, and Union Pacific Railroad (UPRR). Our staff ha s extensive experience in processing projects with Caltrans, including through the encroachment permit process, the PEER / DEER process, and the PSR / PR process. TLE has also completed several railroad at‐grade crossing projects, so our staff is well‐versed with the UPRR process. The TLE Team be
comes an extension of your staff, and your projects' success defines our success.

In addition to providing on‐call civil & traffic engineering services to the City of Ceres over the past eleven years, our Team staff have also been providing these similar services to other agencies similar in size and charact er to Ceres.

TLE Key Team Members
Our project manager for this project, Leo Trujillo, has been successfully providing Civil and Traffic Engineering services to the City of Ceres since 2012. Celina Lee will be the lead Design Engineer for the project. Kelley Engineering & Surveying (KES) and Engeo will be our sub‐consultants for this project. KES will pr ovide topographic survey and right‐of‐way (ROW) mapping services.

Engeo will provide any geotechnical engineering services for any need that may arise during the project. KES provides services such as land surveying, right‐of‐way mapping, right‐of‐way acquisition, general civil engineering, and stormwater compliance. Engeo is on the Cit y's current on‐call Geotechnical Engineering list, so they can provide any type of Geotechnical Engineering services that may be needed for this project.

TLE Similar Project Experience
The TLE Team staff has completed hundreds of intersection improvement projects. Below is a brief list of some of our intersection improvement type projects designed by TLE staff, which led to successful construction. All listed projects were completed within the expected project schedule and the agreed upon budget.

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Quality Assurance & Quality Control
Quality control is an on‐going process that starts at the task scoping, budgeting, and scheduling phase. It continues during the communication of the project assignment phase and progresses on a daily basis when the various staff members assigned to the project check each other’s work.

QA/QC takes place again prior to any submittal to the reviewing agen cy. Either the Project Manager (PM), or someone assigned by the PM, will perform a review of the documents. The following discussion highlights the proven management approach that the TLE Team will implement throughout the duration of the project. Keys to producing a quality project includ e pursuing the work as an extension of City staff with continuous coordination, having an aggressive proactive approach to agency coordination, and accepting responsibility and ownership of the project.

Project Understanding/Site Reconnaissance
Our design team researches local standards, requirements, and design preferences before beginning any project, and we work directly with the responsible government agencies, maintaining frequent communication throughout the design process. A very important component of our design kick‐off effort involves conducting field reviews, collecting relevant project data, and collecting the own er/user input concerning existing deficiencies and goals for the project. The knowledge gained in this step is imperative to efficiently producing a timely and quality product that meets the agency’s and users’ needs.

Project Name Project Location # of
Intersections
Signal
Design
Intersection
Geometrics
American Canyon/Flosden Signal American Canyon, CA 1 X State College Boulevard Grade‐Sep Anaheim, CA 11 X X
Aptos Village Signal Design Project Aptos, CA 5 X X
Middlefield Rd/Oak Grove Ave Atherton, CA 1 X X
Winchester/Rincon Signal Modification Campbell, CA 1 X
Ceres Signal ITS Project Phase I Ceres, CA 6 X
Ceres Signal ITS Project Phase II Ceres, CA 3 X
Ceres Signal ITS Project Phase III & IV Ceres, CA 8 X
Mitchell Rd/Roeding Rd Improvements Ceres, CA 1 X X
Concord Blvd/6th St Si gnal Mod Concord, CA 1 X X
Mission (SR 238)/King Signal Mod Fremont, CA 1 X
1st St (SR 152)/Kelton Dr Imp. Gilroy, CA 1 X X
Camino Arroyo/152 Signal Design Gilroy, CA 1 X
Gonzales River Rd At‐Grade Crossing Gonzales, CA 1 X X Union Rd/SR 25 Signal Modfication Hollister, CA 1 X X
El Monte Ave Bike Lane Los Altos, CA 4 X X
Blossom Hill Rd/University Ave Los Gatos, CA 1 X X
Monterey Rd/Cochrane Rd Signal Mod Morgan Hi ll, CA 1 X X ITEM 6

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Scheduling/Budget Control Tools
Our scheduling and budgeting control will follow an approach to project administration that has proven effective in meeting schedules and budgets, and is responsive to client needs and expectations. This approach has been used on similar projects and resulted in the timely completion and approval of local agency projects, as well as proje cts requiring Federal and State (Caltrans) approvals.

Work Plans
Formal work plans will be prepared for this project. Upon receiving Notice‐to‐Proceed, an overall project work plan will be developed, including a detailed work plan for each project Team member. Work plans are revised as necessary to reflect subsequent events.

The overall scope of work is broken down into individual work tasks that have identifiable end products and can be assigned specific dollar values. Tying the performance of discrete work tasks to budgets and schedules, then tracking progress on these tasks, results in proactive control of both costs and schedules on projects of any size.

Administrative Control
Delegation of authority for initiating work and incurring costs is key in the administrative control process. Authorization to commence work is a formal and documented step for any project that applies to all TLE team members.
 Costs for work units are tracked by in‐house computerized management information system and are mo nitored by the Project Manager on regular basis to measure technical performance relative to budget and schedule.
 Maintenance of a complete data file and accurate records of project decisions. All correspondence is transmitted through the Project Manager, so that corrective action can be taken immediately if a situation occurs that may impact project cost or schedule.  Progress Repo
rts are prepared monthly, or on a schedule preferred by the client, and include work completed, progress relative to the schedule, upcoming work, and developing issues that may affect scope, schedule, or budget. Any changes in estimated construction costs are also identified .

Performance Accountability
A standard feature of our management approach is the establishment of objectives and milestones for completion at the task level, prior to the initiation of any work, and periodic assessments of project status in terms of these measures.

QA/QC Program Administration
Development of a project specific QA/QC Plan and a formal adherence to this plan is a necessary element in providing a quality project that remains on schedule and within budget. The QC activity will be a budgeted work plan element for every submittal and deliverable and reviews will be by experienced senior‐lev el staff. QA/QC requirements are equally enforced on all subconsultants’ work.

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SECTION 3A – PROJECT UNDERSTANDING, WORK PLAN,
AND SCHEDULE
Project #1 ‐ HSIPSL‐5241(076) Median Installations at Intersections:

Mitchell Road at Garrison St, Dale Ave, and Joy Ave

Project Understanding

Based on the City's RFP, this project will include the installation of a raised median along Mitchell Road from Whitmore Ave (south end) to Garrison Street (north end). The median will include dedicated left turn lanes to allow left turns from Mitchell Road onto the side‐streets and driveways located along Mitchell Roa d. However, the median will prohibit left turns out of these side‐streets and driveways. As mentioned here, the median will extend to the north leg of Mitchell Rd / Whitmore Ave, which is a signalized intersection. Due to the installation of the median and possible geometric modifications to this approach, it will likely be necessary to replace the signal detector loops for this approach. Below ar e additional project understanding
items and assumptions:

 The conceptual plan included in the RFP shows that the northwest and southwest corners of the Mitchell Road / Garrison St intersection will need to be removed and reconstructed.

Our Team will run vehicle turnin
g templates (using the City's recommended design
vehicle) to ensure that these curb returns are designed properly and can accommodate vehicle turn movements.  New ADA‐compliant curb ramps will be designed for these corners.
 The signal detector loops on the southbound ap proach of the Mitchell Road / Whitmore Ave intersection may need to be replaced due to the installation of the median improvements and due to any geometric modifications necessary to accommodate the median.  Our Team will prepare simple loop detector replacement plans for this southbound approach.
 To accommodate the ne w median improvements, our Team will also provide striping & signing plans along Mitchell Road within the project limits.  This is an opportunity for the City to implement any striping modifications to enhance or improve the striping conditions along this stretch of roadway.  Some design elements that could be improved, with consideration for th e existing bus stops within the project limits, include lengthening of turn lanes, addition of bike lanes (with or without bike buffers), installation of high‐ visibility crosswalks and advance warning signs.  Our Team will also provide the necessary signing & striping improvements on all side‐streets within the project limits to prohibit left turns onto Mitchel
l Road.  Our Team will evaluate the striping and geometric conditions and coordinate with City staff to develop the preferred design.

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Our TLE Team is well‐versed with all the items listed above and is able to assess the issues and provide solutions accordingly. The TLE Team knowledge necessary to address these issues comes from experience of a vast list of similar Civil & Traffic Engineering projects completed with various public agencies. This kno wledge and experience will be used to provide the City with a project that is assessed correctly and designed accordingly to meet the City's expectations and requirements.

Project Work Plan (Scope of Services)

The TLE Team will perform the following tasks as part of our scope of services:

TASK 1 PROJECT MANAGEMENT & COORDINATION

TLE will provide general coordination with City staff and the project sub‐consultants as necessary. TLE will participate in individual phone calls, team conference calls, and email correspondence as necessary to discuss and resolve project issues. This task also includes time for two (2) live me
etings. One will be the project kick‐off meeting, which will take place at the onset of the project. The second meeting will take place at a point during the design process when the Cit y deems it necessary or convenient for design review and/or issue resolution. TLE staff will prepare meeting minutes for the live meetings. The meeting minutes will be shared with City staff and TLE will revise the minutes based on feedback from the City. Our Team will also prepare a project schedule, which will include eac h task, milestones, critical path designation, and progress meeting/reporting. TLE will also prepare brief monthly progress reports, which will be submitted to the City along with the monthly invoicing.

Our Team will coordinate with City staff and the local utility companies which have utility facilities on Mitchell Road within the project limits. Th e goal will be to collect all available information for underground and above‐ground utilities. This information will be used to compile the existing conditions base map, as described in Task 2.

Deliverables:
 Meeting minutes
 Project Schedule
 Monthly invoicing and progress report

TASK 2 PUBLIC OUTREACH (Shortly Before Construction)

As mentioned in the City's RFP, there will be limited outreach efforts which will mostly be focused on providing information to the adjacent community living in or near the project ITEM 6

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area. Our Team work with the City in creating and providing a mailer with project information with graphics and/or exhibits informing the public of the project improvements, schedule, and overall effects to their traveling in and out of the project area. The City will be responsible for posting the delivery of the mail ers online and for sending the information out to the residents.

Deliverables:
 Mailer with graphics and/or exhibits

TASK 3 TOPOGRAPHIC SURVEY AND BASE MAPPING

The project area is limited to the following street segment:

 Mitchell Road: Whitmore Avenue intersection to approximately 300' north of Garrison Street intersection
 Side‐streets will also be included (about 200' into each side‐street)

Using the City's horizontal and vertical contr
ol system, our Team will provide ground survey
and base map production to provide sufficient information to design the proposed median improvements. Our Team will provide field survey within the project area and office support to obtain horizontal and vertical information within the vicinity of the pro ject. Our Team will also provide right‐of‐way (ROW) mapping along the project street segment and side‐streets.

Once the field work is completed, our Team will reduce the information using Civil 3D software.

The deliverable product for this task will be an existing conditions base map with appr opriate elevation points, contours, visible utilities (drain inlets, drain manholes, sanitary sewer manholes, water valves, water meters, gas valves, survey monuments, etc.), driveways, and limits of roadway pavement. Detailed information at the northwest and southwest corners of the Mitchell Rd / Garrison St intersection will also be collected to help des ign the new curb ramp and curb return improvements. The utility facility information collected under Task 1 will also be included in the existing condition base map.

Deliverables:
 Existing Conditions Base Map (Auto CAD / Civil 3d)

TASK 4 PRELIMINARY INVESTIGATION

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identified and addressed.

TASK 5 ENVIRONMENTAL COMPLIANCE & GEOTECHNICAL INVESTIGATION

As mentioned in the City's RFP, the City will take the lead on environmental approvals. It is anticipated that the project will be CEQA Cat Exempt. If additional environmental documents are needed for the project, our Team will prepare a scope and fee prop osal as necessary to be included as a contract amendment.

The RFP mentions that geotechnical investigation is not needed for this project. In case a geotechnical investigation is deemed necessary during the design process, our Team will prepare a scope and fee proposal as necessary to be included as a contr act amendment to cover the necessary geotechnical services.

Deliverables:
 Environmental Clearance Documents (if necessary)
 Geotechnical investigations (if necessary)

TASK 6 DESIGN IMPROVEMENT PLANS

Our Team will prepare construction documents, including Plans, Technical Specifications, and Engineer's Estimate of Probable Cost (PS&E) for the median and signal modification improvements. The design plans will include existing condition features, as well as the proposed i
mprovements, including the following:

 Median improvements
 Utility features to be protected or relocated as necessary  Curb returns and curb ramps to be reconstructed (including all ADA compliant grades & slopes)
 Signing & striping improvements along Mitchell Rd and the side streets within the project limit
s
 Signal detector loop replacement plans for the southbound approach of the Mitchell Rd / Whitmore Ave intersection

The sub‐tasks below cover the design services for this project:

TASK 6.1: 30% Design Plans & Estimate
TLE will prepare preliminary design plans for the median improvements, including striping and turn lane geometrics on Mitchell Road and the side‐streets within the project limits. The plans will be developed in conf
ormance with the latest Caltrans Standard Plans & Specifications (2023) and the latest City of Ceres Standard Specifications and Drawings ITEM 6

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(2018). The plans will include Project Notes to describe the basic project elements and material that are proposed. A 30%‐level engineer's estimate of probable cost will also be prepared during this task. The 30% plans & estimate will be submitted to the City for initial review and comment.

Deliverables:
 30% Plans & Estimate (AutoCAD, 3 hard copies at 36"x24" sheets, & PDF for every submittal package)

 Title Sheet
 Existing Conditions & Demolition Plans (2 Sheets)
 Median & Details Plans (2 Sheets)
 Signing & St
riping Plans (2 Sheets)
 Signal Modification Plan at Mitchell Road / Whitmore Ave (loop replacement)

The preparation of Traffic Control Plans (TCP) is not included in our scope of work. It is assumed that this task will be responsibility of the Contractor who is awarded the project.

Coordination with City staff will be maintain
ed throughout the preparation of the 70%
documents. The City typically provides plan check comments in table format or in plan‐check redline format, and expects consultants to respond to each comment. As such, TLE will prepare response to comments (R2C) to explain how each City co mment from the previous submittal was addressed. The Draft PS&E, along with the R2C document, will be submitted to the City for review and comment.

Deliverables:
 70% PS&E
 Response to comments

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documents. The 100% PS&E, along with the R2C document, will be submitted to the City for final review and approval.

Deliverables:
 100% PS&E
 Response to comments

TASK 6.4: 100% PS&E FINAL
Upon receipt of City comments (if any) from the previous submittal, TLE will make all appropriate revisions and prepare a Final set of Design Documents. The Final documents will include construction drawings for the median and signal loop replacement impr ovements (wet‐signed), technical specifications/special provisions (wet‐signed), and engineer’s opinion of probable construction cost. Our Team will maintain constant coordination with City staff during the preparation of the project documents. The 100% PS&E, along with the R2C document, will be submitted to the City for use on the bidding process.

Deliverables
:
 100% PS&E Final (wet‐signed)
 Response to comments

TASK 7 BIDDING SERVICES

Upon request by the City, TLE will provide bidding support services including any of the following:

Tasks & Deliverables:
 Prepare addenda as necessary
 Provide clarification to Contractor RFI's
 Provide responses for any errors, discrepancies, missing information, and oversights in the PS&E
 Revise the project plans & specifications (if necessary) to appropriately respond to Contractor inquiries

TASK 8 ADDITIONAL CONSTRUCTION TASKS

The following is a list of tasks that may be needed as part of the post construction award.

Upon request from the City, ou
r Team will provide any of the following tasks:

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 Review Contractor change orders and assist in preparation of updated plans as necessary
 Prepare Record Drawings showing appropriate record information based on project annotated record documents received from the Contractor

TASK 9 PROJECT CONTINGENCY TASKS

This task includes time for any additional services that may be necessary and requested by the City. Th
e requests may include, but are not limited to, the following tasks:

 Additional conceptual layouts
 Additional project meetings
 Additional public outreach assistance
 Additional design components

ANTICIPATED PROJECT SCHEDULE
HSIPSL‐5241(076) MEDIAN INSTALLATIONS AT INTERSECTIONS: MITCHELL ROAD AT GARRISON ST, DALE AVE, AND DALE AVE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 Project Management & Coord.
2 Public Outreach
3 Topo Surveying & Base Mapping
4 Preliminary Investigation
5 Env. Compliance & Geotech Inv.

6.1 30% Design Plans & Estimate

CITY REVIEW

6.2 70% PS&E

CITY REVIEW

6.3 100% PS&E

CITY REVIEW & APPROVAL

6.4 100% PS&E FINAL
7 Bidding Services
8 Additional Tasks
Project Work Task
Oct, 23 Nov, 23 Dec, 24 Jan, 24 March, 24 April, 24
Week No. Week No. Week No. Week No. Week No. Week No. Week No.

Feb, 24

AS NECESSARY DURING BIDDING STAGE

AS NECESSARY DURING CONSTRUCTION STAGE
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SECTION 3B – PROJECT UNDERSTANDING, WORK PLAN,
AND SCHEDULE
Project #2 ‐ HSIPSL‐5241(077) Traffic Signal Improvements and Median Installations at Intersections: Mitchell Road & Fowler Road and East Whitmore Ave & Moffett Road

Project Understanding

Based on the City's RFP, this project will include the installation of raised medians at the project intersections, as well as traffic signal modifications to improve intersection operations and to accommodate installation of the medians. Below are project understanding items and assumptions for both project intersections based on the City's RFP:

 The followin
g are design elements for the Mitchell Road / Fowler Road intersection:
 Add median improvements to the northbound and southbound approaches on Mitchell Road
 Add median improvements to the eastbound approach (west leg) on Fowler Road  Modify signal phasing from protected‐permissive phasing to protected phasing in the NB & SB approach
es on Mitchell Rd
 Provide advanced dilemma‐zone detection on the NB & SB approaches on Mitchell Rd  Switch out signal heads as necessary to accommodate the new signal phasing, replace all non‐12" signal indications to 12” LED signal indications, and add reflective borders around signal backplates
 Provide signal timing adjustments to implem
ent a leading pedestrian interval (LPI)
across Mitchell Rd
 Replace existing signal detector loops as necessary to accommodate the median installation and associated intersection geometric modifications  The following are design elements for the E. Whitmore Ave / Moffett Ro ad intersection:
 Add median improvements to the eastbound and westbound approaches on Whitmore Avenue
 Add median improvements to the southbound approach (north leg) on Moffett Road  Modify signal phasing from protected‐permissive phasing to protected phasing in the EB & WB approaches on Whitmore Ave
 Provide adv anced dilemma‐zone detection on the EB & WB approaches on Whitmore Ave
 Switch out signal heads as necessary to accommodate the new signal phasing, replace ITEM 6

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all non‐12" signal indications to 12” LED signal indications, and add reflective borders around signal backplates
 Provide signal timing adjustments to implement a leading pedestrian interval (LPI) across Whitmore Ave
 Replace existing signal detector loops as necessary to accommodate the median installation and associated intersection geometric modifications  To ac commodate the new median improvements, our Team will also provide striping & signing plans at the two project intersections. Some design elements that could be improved include lengthening of turn lanes and installation of high‐visibility crosswalks.

Our Team will evaluate the striping and geometric conditions and coordinate with City staff to develop intersect
ion geometric designs that satisfy the City's goals.

Our TLE Team is well‐versed with all the items listed above and is able to assess the issues and provide solutions accordingly. The TLE Team knowledge necessary to address these issues comes from experience of a vast list of similar Civil & Traffic Engineering projects complet ed with various public agencies. This knowledge and experience will be used to provide the City with a project that is assessed correctly and designed accordingly to meet the City's expectations and requirements.

Project Work Plan (Scope of Services)

The TLE Team will perform the following tasks as part of our scope of services:

TASK 1 PROJECT MANAGEMENT & COORDINATION

TLE will provide general coordination with City staff and the project sub‐consultants as necessary. TLE will participate in individual phone calls, team conference calls, and email correspondence as necessary to discuss and resolve project issues. This task also includes time for two (2) live me
etings. One will be the project kick‐off meeting, which will take place at the onset of the project. The second meeting will take place at a point during the design process when the City deems it necessary or convenient for design review and/ or issue resolution. TLE staff will prepare meeting minutes for the live meetings. The meeting minutes will be shared with City staff and TLE will revise the minutes based on feedback from the City. Our Team will also prepare a project schedule, which will include eac h task, milestones, critical path designation, and progress meeting/reporting. TLE will also prepare brief monthly progress reports, which will be submitted to the City along with the monthly invoicing.

Our Team will coordinate with City staff and the local utility companies which have utility facilities in the vicinity of the two project inters
ections. The goal will be to collect all available
information for underground and above‐ground utilities. This information will be used to ITEM 6

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compile the existing conditions base map, as described in Task 2.

Deliverables:
 Meeting minutes
 Project Schedule
 Monthly invoicing and progress report

TASK 2 PUBLIC OUTREACH (Shortly Before Construction)

As mentioned in the City's RFP, there will be limited outreach efforts which will mostly be focused on providing information to the adjacent community living in or near the project area. Our Te am work with the City in creating and providing a mailer with project information with graphics and/or exhibits informing the public of the project improvements, schedule, and overall effects to their traveling in and out of the project area. The City will be responsible for posting the delivery of the mail ers online and for sending the information out to the residents.

Deliverables:
 Mailer with graphics and/or exhibits

TASK 3 TOPOGRAPHIC SURVEY AND BASE MAPPING

The project area is limited to the following locations:
 Mitchell Road / Fowler Road intersection for the following limits:
 South leg of Mitchell Rd: 500' from the intersection
 North leg of Mitchell Rd: 500' from the intersection
 West leg of Fowler Rd: 300' from the intersection
 East leg of Fo
wler Rd: 250' from the intersection
 Whitmore Avenue / Moffett Road intersection for the following limits:
 West leg of Whitmore Ave: 400' from the intersection
 East leg of Whitmore Ave: 500' from the inters ection  North leg of Moffett Rd: 250' from the intersection
 South leg of Moffett Rd: 250' from the intersection

Using the City's horizontal and vertical control system, our Team will provide ground survey and base map production to provide sufficient information to design the proposed median improvements. Our Tea
m will provide field survey within the project area and office support to obtain horizontal and vertical information within the vicinity of the project. Our Team will also provide right‐of‐way (ROW) mapping at the project intersections. Once the field work is completed, our Team will reduce the information using Civil 3D software. The deliverable product for this task w
ill be an existing conditions base map with appropriate elevation ITEM 6

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points, contours, visible utilities (drain inlets, drain manholes, sanitary sewer manholes, water valves, water meters, gas valves, survey monuments, etc.), driveways, and limits of roadway pavement. The utility facility information collected under Task 1 will also be included in the existing condition base map.

Deliverables:
 Existing Conditions Base Map (Auto CAD / Civil 3d)

TASK 4 PRELIMINARY INVESTIGATION

Once the existing conditions base map is prepared, our Team will conduct a project site visit to assess the existing site features, including sensitive areas, access, utilities, and code requirements, as well as potential traffic, parking, and public transportation features. As is typical fo
r a signal modification project, our Team will also conduct a site reconnaissance of the traffic signal equipment at both project intersections. Data such as controller cabinet type & location, service equipment type & location, signal pole equipment & location, pull boxes, and conduit & wiring will be collected and incorp orated into our base plans.

TASK 5 ENVIRONMENTAL COMPLIANCE & GEOTECHNICAL INVESTIGATION

As mentioned in the City's RFP, the City will take the lead on environmental approvals. It is anticipated that the project will be CEQA Cat Exempt. If additional environmental documents are needed for the project, ou r Team will prepare a scope and fee proposal as necessary to be included as a contract amendment.

Deliverables:
 Environmental Clearance Documents (if necessary)
 Geotechnical investigations (if necessary)

TASK 6 DESIGN IMPROVEMENT PLANS

ITEM 6

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 Median improvements
 Utility features to be protected or relocated as necessary  Signing & striping improvements at both project intersections  Signal modification plans for both project intersections

TASK 6.1: 30% Design Plans & Estimate
TLE will prepare preliminary design plans for the median and signal modification improvements. The plans will be developed in conformance with the lat est Caltrans Standard Plans & Specifications (2023) and the latest City of Ceres Standard Specifications and Drawings (2018). The plans will include Project Notes to describe the basic project elements and material that are proposed. A 30%‐level engineer's estimate of probable cost will also be prepar
ed during this task. The 30% plans & estimate will be submitted to the City for initial review and comment.

Deliverables:
 30% Plans & Estimate (AutoCAD, 3 hard copies at 36"x24" sheets, & PDF for every submittal package)

TASK 6.2: 70% PS&E
Upon receipt of City comments from the previous submittal, TLE will make all appropriate revisions and prepare a set of 70% Design Documents. The 70% documents will include construction drawings for the med
ian and signal modification improvements, technical specifications/special provisions, and engineer’s opinion of probable construction cost. The following is a list of plans that is anticipated for this project:
 Title Sheet
 Existing Conditions & Demolition Plans (2 Sheets)
 Median & Details Plans (2 Sheets)
 Signing & St riping Plans (2 Sheets)
 Signal Modification Plans for Mitchell Rd / Fowler Rd (3 Sheets)  Signal Modification Plans for Whitmore Ave / Moffett Rd (3 Sheets)

The preparation of Traffic Control Plans (TCP) is not included in our scope of work. It is assumed that this task will be responsibility of the Contra ctor who is awarded the project.

Coordination with City staff will be maintained throughout the preparation of the 70% documents. The City typically provides plan check comments in table format or in plan‐check redline format, and expects consultants to respond to each comment. As such, TLE wil l prepare response to comments (R2C) to explain how each City comment from the previous submittal was addressed. The Draft PS&E, along with the R2C document, will be submitted to the City for review and comment.

Deliverables:

ITEM 6

CITY OF CERES HSIPSL‐5241(076) & HSIPSL‐5241(077) MEDIAN & SIGNAL MODIFICATION PROJECTS

Page 19 of 20 ends

 70% PS&E
 Response to comments

TASK 6.3: 100% PS&E
Upon receipt of City comments from the previous submittal, TLE will make all appropriate revisions and prepare a set of 100% Design Documents. The 100% documents will include construction drawings for the median and signal modification improvements, technical specifications/special provisions, and engineer ’s opinion of probable construction cost. Our Team will also prepare signal timing sheets for both project intersections to incorporate a lead pedestrian interval (LPI) for crossing of the major streets. Our Team will maintain constant coordination with City staff during the preparation of the project documents. The 100% PS&E, along with the R2C do cument, will be submitted to the City for final review and approval.

Deliverables:
 100% PS&E
 Response to comments
 Signal Timing Sheets

TASK 6.4: 100% PS&E FINAL
Upon receipt of City comments (if any) from the previous submittal, TLE will make all appropriate revisions and prepare a Final set of Design Documents. The Final documents will include construction drawings for the median and signal modification improvem ents (wet‐ signed), technical specifications/special provisions (wet‐signed), and engineer’s opinion of probable construction cost. Modification will be made to the signal timing sheets to address City comments (if any). Our Team will maintain constant coordination with City staff during the preparation of the project documents. The 100% PS&E, along with the R2C do cument, will be submitted to the City for use on the bidding process.

Deliverables:
 100% PS&E Final (wet‐signed)
 Response to comments
 Revised Signal Timing Sheets

TASK 7 BIDDING SERVICES

Upon request by the City, TLE will provide bidding support services for any of the following:

Tasks & Deliverables:
 Prepare addenda as necessary
 Provide clarification to Contractor RFI's
 Provide responses for any errors, discrepancies, missing information, and oversights in the PS&E
 Revise the project plans & specs to appropriately respond to Contractor inquiries ITEM 6

CITY OF CERES HSIPSL‐5241(076) & HSIPSL‐5241(077) MEDIAN & SIGNAL MODIFICATION PROJECTS

Page 20 of 20 ends

TASK 8 ADDITIONAL CONSTRUCTION TASKS

The following is a list of tasks that may be needed as part of the post construction award.

Upon request from the City, our Team will provide any of the following tasks:

Tasks & Deliverables:
 Attend progress meetings (assumed 2)
 Respond to Contractor RFI's
 Review & comment on Contractor's equipment submittal packages  Resolve any design errors and provide the necessary documentation  Review Contractor change orders and assist in preparation of updated plans as necessary
 Prepare Record Drawings

TASK 9 PROJECT CONTINGENCY TASKS
This task includes time for any additional services that may be necessary and requested by the City. Th
e requests may include, but are not limited to, the following tasks:
 Additional conceptual layouts
 Additional project meetings
 Additional public outreach assistance
 Additional design components

ANTICIPATED PROJECT SCHEDULE
HSIPSL‐5241(077) TRAFFIC SIGNAL IMPROVEMENTS AND MEDIAN INSTALLATIONS AT

INTERSECTI
ONS: MITCHELL RD & FOWLER RD AND E. WHITMORE AVE & MOFFETT RD

SECTION 4 – COST PROPOSAL AND FEE SCHEDULE
Included in a separately sealed envelope, as requested in the City's RFP. 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 1 Project Management & Coord.
2 Public Outreach
3 Topo Surveying & Base Mapping
4 Preliminary Investigation
5 Env. Compliance & Geotech Inv.

6.1 30% Design Plans & Estimate

CITY REVIEW

6.2 70% PS&E

CITY REVIEW

6.3 100% PS&E

CITY REVIEW & APPROVAL

6.4 100% PS&E FINAL
7 Bidding Services
8 Additional Tasks

AS NECESSARY DURING BIDDING STAGE

AS NECESSARY DURING CONSTRUCTION STAGE
March, 24 April, 24
Week No. Week No. Week No. Week No. Week No. Week No. Week No.Project Work Task Oct, 23 Nov, 23 Dec, 24 Jan, 24 Feb, 24
ITEM 6
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant MATTHEW J KELLEY, INC. ☐ Prime Consultant ☒ Subconsultant ☐ 2nd Tier Subconsultant Project No. TBD Contract No. TBD Participation Amount TBD Date 9/1/2023 For Combined Rate
+ General & Administration % = Combined Indirect Cost Rate (ICR) % 116.00%
For Home Office Rate
+ General & Administration % = Home Office ICR %

0.00%
For Field Office Rate
+ General & Administration % = Field Office ICR %

0.00%
FEE % = 10.00%
Actual or Avg. Hourly range - for
hourly rate4 classifications only
MATTHEW KELLEY $210.49 $315.73 $420.98 1/1/2023 12/31/2023 $88.59 Not Applicable Principal - FIELD $216.80 $325.21 $433.61 1/1/2024 12/31/2024 $91.25 3.00% $223.31 $334.96 $446.62 1/1/2025 12/31/2025 $93.99 3.00% ELIJAH VINCULADO $200.77 $301.16 $401.54 1/1/2023 12/31/2023 $84.50 Not Applicable Sr Surveyor - FIELD $206.80 $310.19 $413.59 1/1/2024 12/31/2024 $87.04 3.00% $213.00 $319.50 $426.00 1/1/2025 12/31/2025 $89.65 3.00% Name $0.00 $0.00 $0.00 1/1/2023 12/31/2023 Not Applicable Surveying Manager $0.00 $0.00 $0.00 1/1/2024 12/31/2024 $0.00 3.00% $0.00 $0.00 $0.00 1/1/2025 12/31/2025 $0.00 3.00%
$0.00 $0.00 $0.00 1/1/2023 12/31/2023 Not Applicable
$0.00 $0.00 $0.00 1/1/2024 12/31/2024 $0.00 3.00%
$0.00 $0.00 $0.00 1/1/2025 12/31/2025 $0.00 3.00%
$0.00 $0.00 $0.00 1/1/2023 12/31/2023 $0.00 Not Applicable $0.00 $0.00 $0.00 1/1/2024 12/31/2024 $0.00 3.00%
$0.00 $0.00 $0.00 1/1/2025 12/31/2025 $0.00 3.00%
(Add pages as necessary)
NOTES:

2. The cost proposal format shall not be amended.

4. F or named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

Page 1 of 3 ends

LPP 17-01 July 2022

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

EXHIBIT 10-H2 COST PROPOSAL Page 1 of 3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)

BILLING INFORMATION CALCULATION INFORMATION
Hourly Billing Rates3 Effective date of hourly rate
Name/Job Title/Classification1
Straight OT(1.5x) OT(2x) From To % or $ increase Fringe Benefit %
Fringe Benefit %
Fringe Benefit %
ITEM 6
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Consultant MATTHEW J KELLEY, INC ☐ Prime Consultant ☒ Subconsultant Project No. TBD Contract No. TBD Date 9/1/2023
Mile 0.655$
Bond Sheet 2.50$
Note: Add additional pages if necessary.

NOTES:

1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

Page 2 of 3 ends

Jul-22
EXHIBIT 10-H2 COST PROPOSAL Page 2 of 3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Unit Unit CostQuantityDescription of Items Total
Mileage Costs
Equipment Rental and Supplies
Permit Fees
Plan Sheets
Test
Vehicle
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

LPP 17-01 January 2022
ITEM 6
SCOPE OF SERVICE ITEM Pricipal Senior Associate Total Total Engineer Engineer Engineer Surveying Geotech Hour Fee
$200 $162 $140 KES Engeo
1P r o ject Management & Coordination 16 4 20 $3,848
2 Public Outreach 2 4 6 $1,048
3T o pographic Survey & Base Mapping 4 22,060$ 4 $22,860 4 Preliminar y Investigation
A. Collect & Review Project Data 4 2 $1,124
B. Field Reconnaissance 8 8 $2,896
C. Update Base Map 2 4 $1,048
5 Environmental Com pliance & Geotech Investigation
A. Environmental Services (upon City request)
B. Geotech Investigation (upon City request)

6.1 30% Desi gn Plans & Estimate 12 28 40 $6,936

6.2 70% PS&E
A. Title Sheet 2 4 6 $1,048
B. Existing Conditions / Demo Plans 4 12 16 $2,744
C. Median & Details Plans 10 24 34 $5,888
D. Signing & Striping Plans 8 16 24 $4,192
E. Signal Modification Plan 4 6 10 $1,772
F. Technical Specifications 12 12 $2,400
G. Engineer's Estimate of Probable Cost 2 4 6 $1,048
H. Response to Comments 2 2 $400

6.3 100% PS&E 24 36 60 $10,632

6.4 100% PS&E Final 6 8 14 $2,496
7 Biddin g Services 8 8 16 $2,896
8 Additional Construction Tasks 20 16 36 $6,592
9P r o ject Contingency Tasks 16 12 28 $5,144
Total Hours : 166 196 0 334
Staff Expenses : $33,200 $31,752 $0 $22,060 $0 $87,012
REIMBURSABLES Travel Expenses : $400
Printing, Shipping, etc. : $186
Total Costs : $87,598

PROPOSAL FEE ESTIMATE
PROJECT #1: HSIPSL-5241(076) Median Installations at Intersections:

CERES, CALIFORNIA
August 28, 2023

SUB-CONSULTANT
Mitchell Road at Garrison St, Dale Ave and Kay St
ITEM 6
SCOPE OF SERVICE ITEM Pricipal Senior Associate Total Total Engineer Engineer Engineer Surveying Geotech Hour Fee
$200 $162 $140 KES Engeo
1P r o ject Management & Coordination 16 4 20 $3,848
2 Public Outreach 2 4 6 $1,048
3T o pographic Survey & Base Mapping 4 26,625$ 4 $27,425 4 Preliminar y Investigation
A. Collect & Review Project Data 4 2 $1,124
B. Field Reconnaissance 10 10 $3,620
C. Update Base Map 4 6 $1,772
5 Environmental Com pliance & Geotech Investigation
A. Environmental Services (upon City request)
B. Geotech Investigation (upon City request)

6.1 30% Desi gn Plans & Estimate 20 40 60 $10,480

6.2 70% PS&E
A. Title Sheet 2 4 6 $1,048
B. Existing Conditions / Demo Plans 4 12 16 $2,744
C. Median & Details Plans 10 24 34 $5,888
D. Signing & Striping Plans 8 16 24 $4,192
E. Signal Modification Plans 16 32 48 $8,384
F. Technical Specifications 12 12 $2,400
G. Engineer's Estimate of Probable Cost 4 6 10 $1,772
H. Response to Comments 2 2 $400

6.3 100% PS&E 30 48 78 $13,776

6.4 100% PS&E Final 8 10 18 $3,220
7 Biddin g Services 8 8 16 $2,896
8 Additional Tasks (During Construction) 24 16 40 $7,392 9P r o ject Contingency Tasks 16 12 28 $5,144
0$ 0
0$ 0
0$ 0
0$ 0
0$ 0
Total Hours : 204 254 0 422
Staff Expenses : $40,800 $41,148 $0 $26,625 $0 $108,573 REIMBURSABLES Travel Expenses : $400
Printing, Shipping, etc. : $204
Total Costs : $109,177

PROPOSAL FEE ESTIMATE
PROJECT #2: HSIPSL-5241(077) Traffic Signal Improvements and Median Installations at Intersections: Mitchell Road & Fowler Road and East Whitmore Ave & Moffett Road

CERES, CALIFORNIA
August 28, 2023

SUB-CONSULTANT
ITEM 6
ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: September 25, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Jon Frederick, Information Technology Manager
[email protected], (209) 538-5742
SUBJECT: Resolution No. 202 3-XXX, Approving a Change in Cellular Service from Verizon Wireless to T-Mobile
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a resolution approving a switching to T-Mobile for cellular services.

I. BACKGROUND:

In order to spend City resources efficiently, the IT department has been testing T-Mobile’s cellular service in the City. No issues or dead zones were reported by the users in the City, allowing the City to switch with no functionality lost. The City currently receives Cellular services from Verizon.

II. REASONS FOR RECOMMENDATION:

T-Mobile provides Cellular services at lower rates than Verizon. Verizon offered no rate reduction during the testing period.

III. FISCAL IMPACTS:

The City currently has 188 voice & data devices with Verizon. The monthly cost on Verzion for these lines is $8,783,62. For the same services , the cost on T-Mobile would be $6,124.25, saving the City approximately $2600 a month, an annual savings of over $31,000.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A

ITEM 7
V. POLICY ALTERNATIVES:

The City Council can decline the switch and continue to receive Cellular services through Verizon.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval the City Manager will approve the switch to T-Mobile.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – T-Mobile Presentation

ITEM 7

ATTACHMENT A
RESOLUTION NO. 2023-XXX
APP

ROVING A CHANGE IN CELLULAR SERVICE FROM VERIZON

WIRELESS TO T-MOBILE
THE

CITY COUNCIL
City of Ceres
WHE
REAS, in order to provide cellular services to the City in a fiscally responsible manner; and
WHE
REAS, T-Mobile has been shown to provide adequate service in the City of Ceres, at a reduced cost to the City.

NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a change in cellular service from Verizon Wireless to T-Mobile.

PAS
SED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of September 2023, by the following vote:

AYES: Counc
ilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
___________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7
T-Mobile & City of Ceres
Wireless Project & Implementation

ATTACHMENT B
ITEM 7
Account Team
• Brenda Cotton Michele Harrell Account Executive
• Scott Wood - S olutions Architect
• Barbara Storer - A ccount Manager
• Jason Laigo - I mplementation
• Ryan Casey - S enior Manager
ITEM 7
T-Mobile for Government
Account SUPPORT Team! Brenda Cotton
Sr. Government Account Executive
Mobile (510) 421-1111
Email: brenda.cotton4@t-moile,com

Barb Storer
Account Manager
Mobile (925) 384-6794
[email protected]
Karen Moffett
Retention AM
Direct (925) 393-9992
[email protected]
Scott Wood
Solution Engineer
Mobile
[email protected]
Jason Laigo
Implementation
Manager
Mobile (510) 325-1121
[email protected]
Emmy Rivadeneiray
GSE
(425) 458-9304
[email protected]

Eric Weyand
Employee
Program
Mobile (425) 269-6902
[email protected]
Supports day to day
interaction for your
account.

Supports overall
account contracts
renewals &
retainment.

Provides technical
support & consultation
of T-Mobile wireless
solutions!
Supports, develops,
and delivers
implementation
program & transition
of wireless services.

Acct status, summary,
reports, voice & data
troubleshooting.

Equipment & Rate plan
analysis
Supports your employees
& families with Work
Perks discounts!
ITEM 7
Monthly Charges VZW vs. T-Mobile
VZW Account number VZW Monthly Charges TMO Monthly Charges 670637208-00003 229.4 174.25
670637208-00004 4026.27 2841.55
670637208-00006 210 139.4
670637208-00007 210 139.4
670637208-00008 335.8 243.95
670637208-00009 1226.59 864.45
670637208-00010 589.19 413.1
670637208-00011 694.21 462.4
670637208-00012 1062.78 706.35
670637208-00013 199.38 139.4
Total Monthly Charges 8783.62 6124.25
Total Voice & Data Devices 188
Monthly Savings $2,659.37
Currently you have 188 voice/data lines with Verizon your monthly bill is about $8700 By switching to T-Mobile your monthly bill will be about $6100 Savings of over $2600 per month
ITEM 7
Voice Price Plan Recommendation
Plan: GOV "L1" Subsidy Plan
Voice: Unlimited
Messaging: Unlimited SMS/MMS
LTE/5G Data: Unlimited
Tethering: (Hotspot Functionality) 11GB Included
HOME Coverage Area: US/Canada/Mexico
International Roaming: Simple Global - Included
Other Included Features: VM, VM to Text, SCAM ID & SCAM Alert Service Plan Price: (Pre-Discount) $41.00
Service Plan Price: (Post-Discount) $34.85
Voice, Messaging and Data are unlimited and unthrottled Tethering hotspot includes 11GB data, if user goes over 11GB no additional fee, however data speed will slow down.

ITEM 7
Data Plan for Cradlepoints (PD)
• Currently you have 25 c radlepoints with Verizon your monthly bill is about $950 ($37.99 x 25= 949.75)
• By switching to T-M obile your monthly bill will be about $745.00 ($29.75 x 25 = $743.75)
• Savings of over $2400 per year
Plan includes: No throttle, No data threshold
Wireless and priority services added to all PD lines free of charge ITEM 7
Mobile Device Management(MDM)
ManageEngine Mobile Device Manager Plus is a comprehensive mobile device management solution designed to empower your enterprise workforce with the power of mobility, by enhancing employee productivity without compromising on corporate security. It lets you manage smartphones, tablets, laptops, desktops, TVs, and rugged devices and multiple operating systems such as Android, iOS, iPadOS, tvOS, macOS, Windows, and Chrome OS.

T-Mobile can work with you to create the best MDM
partnership.

ITEM 7
Equipment Options valid through 8/31/23
iPhone 13 (128GB) FREE
$700 off any iPhone 11/12/13/14 device
$730 off iPhone 13 (128GB/256GB)
$600 off Samsung S21/S22 Family
$600 off Samsung Note 20, Flip 4 or Fold 4
Google Pixel 6a
ITEM 7
Thank you!
We look forward to working with the City of Ceres!
Thank you for the opportunity
Brenda Cotton and Michele Harrell
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: September 25, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Delilah Vasquez, Director of Human Resources
[email protected], (209) 538-5772
SUBJECT: Resolution No. 2023-XXX, Approving the Use of American Rescue Plan Act (ARPA) Funds and a Budget Amendment to Support the Service and Retirement Award Program
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a resolution approving the use of ARPA funds to support the service and retirement award program for City employees.

I. BACKGROUND:

The City lacks a program and funding to support an employee recognition program.

II. REASONS FOR RECOMMENDATION:

Staff recommends the use of $10,180.00 of ARPA funds to support the establishment of a service and retirement award program for City employees.

Recognition programs are essential to openly acknowledge City employees who reach significant milestones in City service and recognize retiring employees who have displayed years of dedicated service. Recognition programs are used to express appreciation, motivate employees, and reinforce desired behavior.

The funds will be utilized to purchase lapel pins, award certificates, and frames for 5, 10, and 15 years of service. Plaques will be purchased in recognition of 20+ years of dedicated service. Employees will have the option of receiving their plaques at a city council meeting in the presence of their family and peers.

In addition, staff will purchase select gifts with the City of Ceres logo and gift cards to allow employees with 20+ years of dedicated service to select an item of their choosing.

The gifts will not exceed a value of $100.00.

ITEM 8
III. FISCAL IMPACTS:

There is a remaining balance of approximately $10,180.00 , in ARPA funds from the second installment to support this request. Staff are recommending an increase of $10,180.00 in appropriations to the Human Resources budget as outlined in the budget amendment.

There is no fiscal impact for the next three years. The Human Resources Department is begin budgeting to support this program.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council could choose not to fund the program; however, this would hinder the City’s ability to recognize City employees who reach significant milestones and acknowledge retiring employees who have displayed years of dedication and loyalty to public service.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, the City Manager will authorize the use of ARPA Funds for the Service and Retirement Award Program.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Service and Retirement Award Program Guidelines

3. Attachment C – Certificate Example

4. Attachment D – Lapel Pin Example

5. Attachment E – Budget Amendment
ITEM 8
RES
OLUTION NO. 2023-XXX
AP

PROVING THE USE OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS

AND A BUDGET AMENDMENT TO SUPPORT THE SERVICE AND

RETIREMENT AWARD PROGRAM
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the American Rescue Plan Act of 2021 (ARPA) is a $1.9 trillion economic stimulus package passed by Congress and signed by President Bided on March 11, 2021, in response to the ongoing COVID-19 pandemic and associated economic challenges; and W
HEREAS, the City of Ceres received $11.6 million through the Rescue Plan. Funds must be obligated by December 31, 20224 and funds must be expended by December 31, 2026; and
W
HEREAS, the City of Ceres received the first installment payment of $5.8 million in July 2021 and the second installment payment in July of 2022; and W
HEREAS, the funding from the American Rescue Plan Act can be used to replace lost public sector revenue, support public health and economic impacts, provide premium pay to workers performing essential work and invest in water, sewer and broadband infrastructure; and W
HEREAS, City Council has approved the use of ARPA funds second installment for various projects, with a remaining balance of $10,108.00.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the use of American Rescue Plan Act (ARPA) funds and a budget amendment to support the Service and Retirement Award Program.

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

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of September 2023, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_____________________________________
Javier Lopez, Mayor
ATTEST:
___________________________________
Fallon Martin, City Clerk
ITEM 8

ATTACHMENT A
ITEM 8
Issued:

Adopted:

SERVICE AND RETIREMENT AWARD PROGRAM GUIDELINES
PU
RPOSE
The Service Award and Retirement Award Program serves as a way to recognize City employees who have reached significant milestones in City service and recognize retiring employees who have displayed years of dedication and loyalty to public service.

Departments may choose to honor employees’ years of service in addition to the process outlined below.

POLICY
Employees celebrating 5, 10, and 15 years of service will get a certificate and lapel pin provided by the Human Resources Department.

Employees celebrating or retiring with 20 + years of service shall receive a plaque and the option of receiving the plaque during a city council meeting.

PROCEDURE
The Human Resources Department is responsible for coordinating the recognition program. The following steps will be taken:

1. The Human Resources department will prepare the recognition certificates and plaques on a quarterly basis.

2. Human Resources will distribute service award certificates and lapel pins to the Director.

3. Human Resources will contact employee’s celebrating or retiring with 20 + years of service to determine if they wish to receive their plaque at a city council meeting.

4. Human Resources will distribute the plaques to the director for employee’s opting not to receive their plaque at a city council meeting.

5. Human Resources will contact the City Clerk to schedule the presentation convenient for the employee and director at a city council meeting.

6. Employee and director will be informed of the date of the presentation.

7. Director will present the plaque to the employee for their dedication and public service. Employee attendance is voluntary and will not incur overtime.

ITEM 8

ATTACHMENT B
ITEM 8

ON THE ANNIVERSARY OF

OF SERVICE TO THE PEOPLE OF THE CITY OF CERES
IS CONGRATULATED AND COMMENDED.

BEST WISHES FOR CONTINUED SUCCESS AS A CITY EMPLOYEE
5 YEARS

ATTACHMENT C
ITEM 8
ITEM 8

ATTACHMENT D
ITEM 8
ITEM 8
Budget Amendment No.

Fiscal Year 2023 - 2024
Reference Resolution No. 2023-XXX, dated September 25, 2023 authorizing appropriations for Service and Retirement Award Program as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
ARPA 219 66 026200 $10,180.00
Requested Appropriation $10,180.00
2023 - 2024 Current Appropriation $0.00
Total Appropriation $10,180.00
Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2023 - 2024 Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:

ITEM 8

ATTACHMENT E
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL

Waiver of Second Reading and Adoption of Ordinance No. 2023- XXXX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend the Regulations Related to Food Trucks

RECOMMENDED COUNCIL ACTION:

This is the second reading of Ordinance No 2023-XXX, which was first read by Council on July 24, 2023. Based on comments and direction received from the Food Truck Committee on July 31, 2023 and September 12, 2023, staff recommends Council deny Ordinance No 2023-XXXX.

The following staff report from Council’s first reading on July 24, 2023 is included below, which previously recommended that Council approve the first reading by title only, an ordinance of the City of Ceres amending Title 5 , Business Licenses and Regulations , Chapter 10, Mobile Food Vending from Motor Vehicles, of the Ceres Municipal Code to amend the regulations related to food trucks, including the following:

1. R emoving the limit of 10 food trucks and distance buffers from other uses;

2. D escribing the various types of Mobile Food Vendors and designating their approval authorities;

3. C larifying the definitions used;

4. I ncreasing single food truck permit terms from 1 year to 5 years;

5. A llowing limited tables, tents, and seating;

6. P rohibiting music except at approved Special Events;

7. R equiring lavatories within 200 feet;

8. C larifying the property owner's ability to revoke authorization and cause the permit to be revoked;

9. Limiting food trucks in Downtown Ceres; and,

10. Other miscellaneous amendments.

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I. BACKGROUND:

Until 2018, Mobile Food Vendors (food trucks) were generally not allowed in Ceres. T he City Council adopted an ordinance and policies permitting them on October 8, 2018. The original action allowed for a trial or “pilot” period to observe and determine the feasibility of the regulations. The pilot period was extended by Council action on August 26, 2019 for a period of 12 months. Due to the onset of the COVID-19 pandemic and staff turnover, the pilot period expiration date passed and the food truck program continued under existing rules and policies.

II.

REASONS FOR RECOMMENDATION:

1. Removing the limit of 10 food trucks and distance buffers from other uses One of the original limitations put in place by the City Council was a maximum limit of ten (10) total food truck locations for daily operations. Since 2021, the number of permitted food trucks has been at the cap. Staff began keeping a list of interested parties that are waiting for an opening on the list of 10 permits. The current waiting list contains an additional 17 individuals. Since this waiting list continues to grow, staff has evaluated the issues involved with keeping the limit.

Numerous issues are created by the limit of 10, including the following:
a. Free market forces are restrained, and businesses are prohibited from opening or expanding, thus limiting the City’s commercial growth, decreasing the availability of food options for residents and travelers, creating a monopoly for those that hold existing permits, and stifling job opportunities. b. Individuals on the waiting list face economic uncertainty in the process as they approach the “front of the line” and must immediately schedule the acquisition of equipment and health permits to avoid causing further delays for those waiting “behind them in line”.
c. Staff resources are being spent on time -consuming enforcement efforts to prove whether a food truck permit is being actively used and revok ing inactive permits to clear room on the list of 10 permits.

During the community meetings, there were some suggestions (see attached comments) from the community to increase the limit to a number greater than 10.

However, the above issues w ill remain if the limit persists. Therefore, staff proposes removing the limit.

The currently required distance buffers are 1,000 feet between food trucks, and 350 feet between food trucks and either parks or enclosed restaurants. These distance buffers create similar issues in restraining free market forces. According to public comments received, the greatest non- governmental hinderance for opening a food truck business is finding a non -residential property owner that is willing and able to support the food truck on site with appropriate lavatory and parking facilities. There is therefore a natural limitation on feasible locations for food trucks based on the requirement for lavatory and parking facili ties. Staff recommends removing the distance buffers considering that such buffers do not exist for any other type of business (for example, between fast food buildings) and given the natural limitation of feasible locations for food trucks.

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2. Describing the various types of Mobile Food Vendors and designating their approval authorities
Currently, the regulations for food trucks is contained in the Ceres Municipal Code and a policy document (see the attached Itinerant Restaurant Standard Conditions of Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits). Staff proposes to incorporate the key regulations from the policy document into the Municipal Code and only use the Municipal Code going forward in order to have all regulations in a single document for clarity and ease of use.

Therefore, clarifications were added to the Municipal Code to identify four types of Mobile Food Vendor Permits. See the attached draft Ordinance for details.

3. Clarifying the definitions used
Staff received community feedback to clarify the definitions used in the proposed ordinance, including vehicle, motor vehicle, trailer, trailer coach, and mobile food vendor. Staff therefore used definitions from the State Vehicle Code.

4. Increasing single food truck permit terms from 1 year to 5 years Through researching neighboring cities, staff found that the City of Modesto issues food truck permits on a 5- year basis. Based on the positive outcomes of food truck operations during the pilot period, staff agrees with this approach and proposes single- food truck permits to expire on December 31 on the fourth year following approval.

For example, a food truck permit issued on September 3, 2023 would expire December 31, 2027. In this way, the City of Ceres would allow up to 5 years for the food truck permit length. There would thus be greater regional permitting consistency.

Additionally, these small businesses would have more economic certainty to plan for their growth and stability in Ceres.

5. Allowing limited tables, tents, and seating
While gathering public comments at the community meetings, staff received two opposing views regarding customer seating and shade tents: These items are either an aesthetic nuisance or they are an important business component in attracting customers. Through researching neighboring cities, staff found that both Modesto and Turlock allow up to two small tables with accompanying shade tents. Staff recommends allowing the same options for Mobile Food Vendors in Ceres in order to help them remain competitive in our region.

6. Prohibiting music except at approved Special Events
In order to mitigate potential ongoing noise issues, staff recommends only allowing live or amplified music at food trucks when there is an approved Special Use Event.

7. R equiring lavatories within 200 feet
Requiring lavatories within 200 feet was a regulation found only in the policy and not in the Ceres Municipal Code. Staff recommends including this important regulation in the Municipal Code.

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8. Clarifying the property owner's ability to revoke authorization and cause the permit to be revoked
Staff recommends clearly stating in the Municipal Code that if the property owner that originally authorized a food truck decides to discontinue that authorization, then the City would acknowledge the property owner’s wishes by revoking the Mobile Food Vendor permit at that location. This procedure was implied but not clearly stated previously.

9. Limiting food trucks in Downtown Ceres
Staff received several comments at the community meetings requesting the prohibition of food trucks that may compete with community events in Downtown Ceres such as the Ceres Street Faire. The Ceres Street Faire Committee requires food vending participants to partner with local nonprofits for fundraising purposes.

Accordingly, staff recommends a prohibition on food truck permits in Downtown Ceres during the Street Faire event.

10. Other miscellaneous amendments
Other miscellaneous amendments, such as trash rece ptacles, lighting, and signage, are included in the attached draft ordinance.

III.

FISCAL IMPACTS:

The proposed ordinance amendment is not anticipated to cause any fiscal impact on the City.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Mobile Food Vendors provide the opportunity for a vibrant, livable community through increased cultural diversity in food options, and increase small business attraction and entrepreneurism. These opportunities coincide with strategic goals #2 and #3.

V. P
OLICY ALTERNATIVES :

As alternatives to amending the ordinance, the Council could decide to:

1. Leave the existing Mobile Food Vendor ordinance and policies in place as they currently exist by accepting the pilot program as permanent, or

2. End the Mobile Food Vendor pilot program by repealing the Mobile Food Vendor ordinance, thus banning existing and future Mobile Food Vendors.

VI. I
NTERDEPARTMENTAL COORDINATION:

City staff and the City Attorney were consulted in the preparation of this proposal.

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VII. PUBLIC PARTICIPATION:

Staff facilitated two community meetings held on April 26, 2023 and June 21, 2023 to solicit public comments and questions about updating the City’s ordinance regarding food trucks. These community meetings were noticed and facilitated in both English and Spanish languages to encourage a wider reach and response. Through this community engagement, ideas were shared and staff developed the proposed amendments based on community feedback, comparisons to neighboring cities, and professional j udgment.

Thus, staff believes that the proposal achieves mutual goals. The public is also encouraged to provide input at the July 10, 2023 City Council meeting.

VIII. EN
VIRONMENTAL REVIEW :

This proposal was reviewed pursuant to the California Environmental Quality Act (CEQA).

Per CEQA Section 15061(b-3), the proposed text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Thus, amending the applicable section of the Ceres Municipal Code as proposed is not subject to CEQA.

IX. N
EXT STEPS:

Staff recommends that Council deny the Ordinance as described in the above staff report and hold a new public hearing in the future to consider approval of the first reading of a revised Ordinance based on direction received from the Food Truck Committee on July 31, 2023 and September 12, 2023.

Approved by: _____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Ordinance

2. Attachment B – First Community Meeting Comments April 26, 2023

3. Attachment C – Second Community Meeting Comments June 21, 2023

4. Attachment D – Itinerant Restaurant (Mobile Food Vendor) Standard Conditions of Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits

5. Attachment E – Public Hearing Notice
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ITEM 9

ATTACHMENT A
ORDINANCE NO. 2023-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING CHAPTER 10, MOBILE FOOD VENDING FROM MOTOR VEHICLES OF TITLE 5,

BUSINESS LICENSES AND REGULATIONS, OF THE CERES MUNICIPAL CODE

TO AMEND THE REGULATIONS RELATED TO FOOD TRUCKS

WHEREAS, the City Council of the City of Ceres, State of California, has considered said proposal for an Ordinance Amendment to modify Chapter 5.10 of the Ceres Municipal Code, Mobile Food Vending from Motor Vehicles, to amend the regulations related to food trucks, including removing the limit of 10 food trucks and distance buffers from other uses, describing the various types of Mobile Food Vendors and designating their approval authorities, clarifying the definitions used, increasing single food truck permit terms from 1 year to 5 years, allowing limited tables, tents, and seating, prohibiting music except at approved Special Events, requiring lavatories within 200 feet, clarifying the property owner's ability to revoke authorization and cause the permit to be revoked, limiting food trucks in Downtown Ceres, and other miscellaneous amendments; and

WHEREAS, the Community Development Department held community meetings on April 26, 2023 and June 21, 2023 to solicit public feedback on this code, and considered all testimony and comments presented whether orally or in writing; and

WHEREAS, the Community Development Department , in making a recommendation to the City Council to amend this code, found that t his proposed Ordinance Amendment is consistent with the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b- 3), the proposed amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Amending the applicable section of the Ceres Municipal Code as proposed will not have any significant effect on the environment, and therefore, the proposal is not subject to CEQA.

NOW, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AND AMEND CHAPTER 10, MOBILE FOOD VENDING FROM MOTOR VEHICLES, OF TITLE 5, BUSINESS LICENSES AND REGULATIONS, OF THE CERES MUNICIPAL CODE, IN ITS ENTIRETY:

CHAPTER 10 M

OBILE FOOD VENDORSING FROM MOTOR VEHICLES

5.10.010 Purpose.

The purpose of this chapter is to establish a permitting and regulatory program for m
obile food vendors operating from motor vehicles, vehicles, trailers, and/or trailer coaches as defined in the California Vehicle Code. The provisions of this chapter allow the City to encourage small business activities while still permitting regulation and ITEM 9

enforcement of unpermitted mobile food vending activities to protect the public's health, safety, and welfare.

5.10.020 D efinitions. "Mobile food vendor" definition.

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Applicant i
s the owner and/or primary operator of the Mobile Food Vendor operation.

Approving Authority is the Community Development Director or designee for all types of Mobile Food Vendor permits except those issued as Conditional Use Permits by the Ceres Planning Commission.

Mobile food vendor means a person who displays, prepares, or processes food on a motor vehicle, vehicle, trailer, and/or trailer coach for the purpose of selling food to a consumer. Mobile food vendor does not include a handcart or bicycle-pulled cart, which are regulated under Title 5 Business Licenses and Regulations, Chapter 17 Sidewalk Vending, of the Ceres Municipal Code. For the purposes of this Chapter, “Mobile Food Vendor’s vehicle or trailer” includes their motor vehicle, vehicle, trailer, and/or trailer coach.

Motor vehicle (as defined in the California Vehicle Code 415) is a vehicle that is self-propelled.

Trailer (as defined in the California Vehicle Code 630) is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.

Trailer coach (as defined in the California Vehicle Code 635) is a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle.

Vehicle (as defined in the California Vehicle Code 670) is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

5.10.030 P ermit ted sales. and Business License Required.

Mobile food vendors shall acquire must obtain a mobile food vendor permit issued under the provisions of this chapter, and any necessary business license as required by this title.

5.10.040 T
ypes of Mobile Food Vendor Permits.

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T here are four (4) types of Mobile Food Vendor Permits:

(1) An Administrative Use Permit (AUP) is required for properties with only a single Mobile Food Vendor and may be approved ministerially by the Community Development Director or designee. Such permits expire on December 31 on the fourth year following approval. For example, an AUP Mobile Food Vendor permit issued on September 3, 2023 would expire December 31, 2027.

(2) A T emporary Use Permit (TUP) is required for Mobile Food Vendors operating only during a special event pursuant to a Special Use Event permit (see Ceres Municipal Code 05.09 Special Events and Temporary Street Closures) and may be approved ministerially by the Community Development Director or designee.

(3) A C onditional Use Permit (CUP) is required for properties with multiple Mobile Food Vendors and may be approved discretionally by the Planning Commission. Any expiration of such a permit is determined by the Planning Commission.

(4) I ce Cream Truck Permit: Standards for ice cream trucks shall be governed under California Vehicle Code 22456 and may be approved ministerially by the Community Development Director or designee.

5.10.0 40050 General development and operational standards for mobile food vendors.

Unless otherwise exempt, tA. The following general and operational standards shall apply to all mMobile fFood vVendors (including ice cream trucks):

A1. All mobile food vendors shall obtain any required permits from the City, County, and the State, if applicable. The use shall not be conducted within any public right-of-way, except as permitted pursuant to a City-approved street closure.

B2. All mobile food vendorsThe use shall comply with the Vehicle Code and Health and Safety Code and shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, water quality, and environmental regulations and laws.

C3. Mobile fFood vVendors shall not operate in an unsafe manner, including but not limited to impeding on- or off-site vehicle circulation and obstructing the view of pedestrians by motorists.

D4. Operations on private property.

1. Notwithstanding any other provision of this chapter, mobile food vendors may operate on private property; provided, that prior to conducting such ITEM 9

business operations, they have the authorization from the property owner upon which the operations are occurring; and provided further, that they have the authorization from any other building-enclosed restaurant located within a 350-foot radius of the operations, as measured from the primary customer entrance of the restaurant; and provided further, that neither such restaurant nor the City has articulated a public safety concern due to traffic, parking, or otherwise, arising out of such mobile food vendor's operations. Vendor must be able to demonstrate property owner authorization as provided in this section. Mobile Food Vendors must provide written authorization of the property owner at which the Mobile Food Vendor operates. At any time, the property owner upon which a Mobile Food Vendor operates may revoke their authorization and in such case the City shall revoke the Mobile Food Vendor permit.

5.2. Mobile fFood vVendors shall not use or permit use of parking spaces on the site (e.g., for customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the Community Development Director.

6.3. Mobile f
Food vVendors shall provide adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.

E. Operations in public right-of-wa y.

1. Mobile food vendors shall not operate within 350 feet of any building- enclosed restaurant as measured from the primary customer entrance of the restaurant, except when the mobile food vendor has written authorization from all building-enclosed restaurants that are within that same 350-foot radius.

1. 7. Mobile fFood vVendors shall not stop, stand, or park in any clear vision triangle or no parking zone.

2. Mobile food vendors shall not operate within 350 feet of a public or private school in which children at or below the twelfth grade level are enrolled, and which is in session.

2. 8. Mobile food vendors shall maintain a clear path of travel on the sidewalk pursuant to the Americans with Disabilities Act free of customer queuing, signage, and all portions of the vehicle for the clear movement of pedestrians.

9. Mobile F ood Vendors are prohibited from operating within Downtown Ceres (as defined in the Ceres Downtown Specific Plan) during the annual Ceres Street Faire unless they are authorized participants.

10. The Mobile Food Vendor's permit shall be attached to and prominently displayed on the Mobile Food Vendor's vehicle or trailer.

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11. Mobile Food Vendors shall only operate within the days and hours of operation established in the permit. Mobile Food Vendor vehicles and/or trailers shall not be parked at their approved site(s) during non-operating hours.

Notwithstanding approved hours of operation, all activities are subject to the restrictions of the City’s Noise Ordinance requirements.

12. Mobile Food Vendors shall have a written agreement from an existing non- residential business establishment for use of lavatory facilities for the operators/vendors within two hundred (200) feet of the Mobile Food Vendor location.

13. No Mobile Food Vendor operation may occur within twenty (20) feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway.

A greater distance or separation from similar uses may be required to preserve line-of-sight, or for other safety reasons. The operation shall not damage landscaped areas.

14. Mobile Food Vendors shall have a trash receptacle at the operation for use by customers for disposal of refuse generated from this activity and shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust-controlled condition. Additionally, Mobile Food Vendors must have authorization from the property owner to allow the disposal of waste in appropriate waste receptacles on site.

15. Mobile Food Vendors shall have no more than two (2) small tables seating up to a total of ten (10) people.

16. Temporary canopies or tents associated with the Mobile Food Vendor shall not be located closer than twenty (20) feet from any building or structure. Such canopies or tents shall not be located within 100 feet from any flammable, combustible, or liquid petroleum gas dispensing or storage container.

18. Mobile Food Vendors shall not have live or amplified outdoor music. However, music may be permitted at City-approved Special Use Events.

19. No signs, balloons, or flags may be displayed on or off the site to promote the Mobile Food Vendor except those permanently affixed to the Mobile Food Vendor vehicle or trailer.

5.10.050 A dditional operational standards for ice cream trucks.

Standards for ice cream trucks shall be governed under Vehicle Code section 22456. In addition, development and operational standards in section 5.01.040 shall apply to ice cream trucks. To the extent that section 5.01.040 is more restrictive, it shall supersede the requirements of Vehicle Code section 22456. (Ord. No. 2020-1057 , § 1, 3-23-2020)
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5.10.060 Permit application.

An applicant for a m Mobile fFood vVendor's permit shall submit an application to the City Manager Community Development Department. The application shall include, among other things, the following:

A. The t rue legal name of the applicant, together with the names of all persons directly or indirectly interested in the conduct of such business, including all members of any firm or partnership. A corporate applicant shall list the officers, directors and principal owners, including all owners of ten percent or more of the corporate stock;
B. The e mail address, phone number and mailing address of the applicant; C. Proof of valid health permit(s) from the Stanislaus County Department of Environmental Resources, as required by applicable law or regulation; Whether the applicant has at any time been convicted of a felony or of any offense involving moral turpitude or has been convicted of any narcotics violation;
D. The proposed operating days and hours; Whether or not any permit or license heretofore granted to applicant to engage in any business or to do any act within the City or elsewhere has been revoked or denied, and, if so, the circumstances surrounding the revocation or denial;
E. A site plan showing Tthe location at which the applicant proposes to conduct the business;
F. The type of food, wares, or merchandise to be sold, the proposed hours of operation, and a description, drawing or and pictures of the front, side, and rear of the vehicle and/or trailer.motor vehicle and/or trailer coach vehicle which is to be operated as a Mobile Food Vendor at the location; G. A letter (to the City’s attention) from the property owner authorizing the Mobile Food Vendor at the proposed location, if on private property;Such additional information bearing on the identity and character of the applicant or applicant's employees, the location proposed or the nature of the business as the City Manager may require; and
H. A nonrefundable application fee pursuant to section 5.01.140.

5.10.070 D ecision and limitations.

A. The City Manager may deny an application for a mobile food vendor's permit if the applicant has been convicted of one of the type of category of crimes enumerated in section 5.10.060 of this chapter or, if in his or her opinion, the business is to be located or operated under circumstances where it would tend to cause a law enforcement problem or create a public nuisance or where the granting of the permit would not be compatible with the public health, safety, or welfare, or would ITEM 9

not comply with the provisions of this chapter or would be contrary to the public interest. The City Manager shall deny the permit if the application does not meet the location requirements or any other requirements of this this chapter.

B. The City Manager shall have the authority to limit the area which a mobile food vendor may cover, to approve the design of any mobile food vendor's vehicle, and to specify the exact location on a block where the mobile vendor shall operate, taking into account pedestrian and vehicular traffic flow and the other standards imposed by this article. The City Manager may impose such additional reasonable terms and conditions upon the operation of the business as he or she deems necessary or desirable under the circumstances to protect the health, safety, and well-being of the public. The City Manager may require all food to be located on the mobile food vendor's vehicle and may prohibit the location of any food on sidewalks.

C. If, for a period of ten or more consecutive days between May 1 and September 30, or 60 or more consecutive days between October 1 and April 30, a person with a mobile food vendor's permit fails to maintain or operate their business, then the permit shall be deemed abandoned and shall be revoked.

D. The mobile food vendor's permit shall be attached to and prominently displayed on the mobile food vendor's vehicle.

E. Prior to the issuance of any permit under this chapter, the applicant shall pay to the City any business operations tax required by section 5.01.140.

F. Decisions of the City Manager relating to the granting or denial of an application for a mobile food vendor's permit shall be rendered in writing not less than 60 days after the date of application. Copies of decisions shall be mailed to the applicants not later than five days after the date of decision, and shall be mailed to the address of any business, conducted on the street level, which is located within 100 feet of the site of the mobile food vendor's permit.

5.10.0 80070 Transfer of permit.

A mobile food vendor's permit is not property and shall have no value. Permits may not be sold, leased, assigned, hypothecated or transferred in any manner to another person, firm, partnership, or corporation, including new owners in a corporation or partnership, except that a mobile food vendor holding a valid permit may transfer said permit to another location where the mobile food vendor wishes to operate with the consent of the City ManagerApproving Authority.

--End of Chapter 5.10 Amendments--

SEVERABILITY.

If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent ITEM 9

jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

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

CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL . This Ordinance was introduced at a regular meeting of the City Council held on the 24th day of July 2023, and passed and adopted as Ordinance No. 2023-XX XX at a regular meeting of the City Council held on the 25th day of September 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

APPROVED:

___________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney
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ATTACHMENT B
First Mobile Food Vendor Community Meeting – A pril 26, 2023 Public Comments

1. Are the food trucks at the bars permitted? Week 1 truck X is there, week 2 truck Y is there.

2. How many food trucks does Modesto allow?

3. Doesn’t want to see Ceres become heavy with food trucks. Agree to go up 5-10 more trucks but not unlimited. Likes GrubHub in Modesto. Said it is clean and nice.

4. As chamber president, wants to promote growth but still wants to limit to not impact existing business. Have brought in numerous restaurants and does not want to impact them negatively by adding too many food trucks.

5. Problem is that people are selling food from their homes more than vendors. Not everyone selling food from their homes are permitted to do so.

6. Important for staff and electives to consider the most important thing about sales is “Location, Location, Location”. Gateway Center draws a lot of customers from HWY 99. Does not think those restaurants will be severely impacted by more food trucks throughout the city.

7. Breweries and bars need food trucks if they don’t serve food. People are not going to drink then go to Gateway to get food. It will help the brewery or bar business to partner with food trucks.

8. Alfonso and other city restaurants away from Gateway that are inner-city will be impacted by more food trucks.

9. Food trucks for when restaurants close and people still leaving bars and wanting to get food.

10. Subcategory for different times and locations so if 5 of 10 permits not operating then other trucks can have opportunity to operate. (Truck permits by hours of operation possibly, like shifts so only 10 active at one time)

11. Have a 90-day probation period. If truck is not there when they state they will be operating, then they get their permit revoked, and given to someone who wants to operate. Staff should drop in to see if they are operating, if not there after X number of times visiting location and truck not in operation, then they get their permit revoked.

12. Also need some way to check after probation period to make sure truck still operating.

13. Not fair for people on waitlist if not all 10 trucks are operating. Could the business the truck is operating at contact City to report lack of operation of truck?

14. Possible solution, reporting requirement like how taxes are collected for their business. The truck must report they are still active every 2 months or so as a requirement of having a permit.

15. During Covid, to obtain a grant and/or loan, a requirement was to link their business to social media to prove the business was in operation. We can make it a requirement where the food truck must post their approved hours and locations on social media, Facebook, Instagram, and such, and then must operate when and where permitted. City can track them on social media to make sure they are operating as permitted. Will also help the food truck with marketing and can be used as an electronic tracking method.

16. Track sales tax to see if truck is in operation. If the food truck has not paid taxes in X amount of time, revoke permit. If they are paying taxes, then food truck is obviously still in operation.

17. It would be hard to require the community to keep up with social media, as not everyone is tech savvy and would be at a disadvantage if the city were to use it as their method to track if the food trucks are operating during their permitted times and their permitted location. Not everyone knows how to use social media or is willing to use them.

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18. The ordinance is obviously going to be change the number of allowed permits. It is always a compromise. But the other important thing involved with the addition of more permits is to have enforcement. Code Enforcement is not always most responsive when an illegal truck is operating. Maybe 20 permits max with rotating system for different times of days/locations.

19. Suggest 1 year trial for business to build clientele for new trucks to operate as it takes time to build up business. 2-3 months is not enough time to determine if business will be successful or not. If the business started in the winter, it may take longer to build up clientele than a business that started in the summer.

20. If a business has a food truck operating outside, do they need a Conditional Use Permit? Does the food truck need permission from business operator or from business owner?

21. Food truck permit and business license should be conjoined so if they want to continue to operate, they must renew both at the same time.

22. Need to update definitions in the ordinance of mobile food vendor, trailers, etc. Motor vehicle definition is wrong in City Ordinance. Need to be clear between truck and trailer. Does it drive itself or is it towed behind something?

23. Mobile Food Vendor ordinance to include trucks and trailers in new definition.

24. Distance requirements will help limit number of vendors, but also need to make sure number of permits works with the available locations in the city. We don’t want too many permits and not enough space.

25. Would distance between locations prevent a GrubHub idea?

26. Ceres needs to formalize GrubHub type Use Type in ordinance for someone to establish one within the city limits.

27. Participants in GrubHub should not count towards 10 permits, or how ever many is decided.

28. There should be a time clock to measure how long it can take to start operating their food truck.

They can’t go 2 years without operating, thus keeping the permit from being used by someone else. Make it a requirement that they must be operational within a month. Either they use the permit or lose the permit. This will also help prevent people from getting permits with the intentions of only preventing other vendors to get a permit to lessen the competition.

29. The “operation days” language in Ceres Code is probably a blanket statement for governments to use when they need to defend revoking a permit for lack of operating.

30. Ceres does need to enforce operation, but not sure how to go about it.

31. Could have waitlist people make up GrubHub location until permits become available. The City should find a location that would work for GrubHub. Maybe the City can buy a location to operate a GrubHub. What zones would this be permitted in?

32. Does not want trucks to show up at the Ceres Street Faire and take away business from vendors.

How would the city prevent trucks from parking near events? Street Fair is operating for the benefit of non-profits and does not want for-profits taking business away from vendors inside the Faire. There needs to be a requirement added for trucks to not be allowed near events.

Keep trucks away from events.

33. Are trucks paying for same services as brick and mortar business for emergency services?

34. If truck is permitted and operates downtown, they should not be allowed to operate during event times if event is downtown. City should preserve known events and not allow food trucks to operate during or near those events. Entity putting on event should not be allowed to say if truck can or cannot operate near or during events.

ITEM 9

35. Need to make it known that businesses need to partner with a non-profit to sell food at Street Faire. Truck owners did not know how to sell at Street Faire.

36. Need to be sensitive to non-profits.

37. Does not want Ceres to get to the point the GrubHub does during the winter months where the trucks rotate operating so that all trucks get business at Modesto GrubHub.

38. Who owns the Modesto GrubHub? Did the owner partner with the city to do GrubHub?

39. It is important to encourage different kinds of foods to come to Ceres and not limit to certain kinds of foods. We don’t have a lot of Asian food or seafood restaurants, so we need to encourage different varieties of vendors to get more options for the residents.

40. Brick and mortar business have not partnered with the Ceres Street Faire to grow business, despite invitations to do so.

41. GrubHub in Modesto has truck that sells sushi.

ITEM 9
ITEM 9

ATTACHMENT C
Second Mobile Food Vendor Community Meeting – June 21, 2023 Public Comments

1. What will prevent multiple businesses from having a Conditional Use Permit for several food trucks, thus making the 10 permits obsolete? (Maybe limit # of trucks allowed per property like Modesto)

2. What issues are other cities having? Time consuming for City employees processing permits.

About 10% of one employee’s time. Same applies to Modesto.

3. Limit of 10:
a. What are other cities maximum limit for food trucks? No max in either city. b. The limit of 10 in the city is fine.
c. We are getting a lot of new fast food places and a lot of pop-ups who are taking business away from us who do have permits. Vendors are showing up after 6pm and they are probably not regulated or permitted.
d. Stay at 10, no more than 20 max.
e. Adding more will add more struggling businesses. We are tying to update Ceres so we don’t need to add more trucks.
f. Look at current trucks hours of operation
g. Trucks operating at different hours
h. Right now is a happy medium of trucks and restaurants, it would be good to keep it the same.
i. Maybe charge more for permit to keep the number of permits allowed low

4. Maybe bring a food truck commissary to an industrial area

5. Distance from events should be left up to who is organizing the event, as they would know the purpose of the event, except from the trucks that are permitted to attend to the event.

6. Min. 1,000 feet from all special events – Lyons are non-profit so we don’t want for-profit trucks taking business away

7. Special events – have event coordinator regulate the distance of out-side trucks based on how many trucks will be at event

8. Street Faire organizer shared that they should not decide how far food trucks should be from the Faire, but that the City should make that decision

9. Do existing trucks have to stop operation if they are close to the Street Faire or special event, or should City not allow trucks to be permitted near where we know special events happen every year?

10. City should not permit food trucks near events because it is not right to tell food trucks they cannot operate during event hours

11. Would make it easier for Code Enforcement to know if a food truck is permitted or not in an area near special events

12. Permit holders should get preference for special events in Ceres over outside businesses (direct them to contact Chamber or look on Chamber website to get added to list for events)

13. The minimum distance requirement self regulates the number of vendors as the City is only so big

14. Everyone should renew their permit at the same time every year, for example January 1 st, to
make it easier on staff
ITEM 9

15. 3 years or 5 years would be reasonable for permit renewal

16. 5 year would be great – but if you sell your business, does the permit transfer to the new owners of the business?

17. Annual permit forces City to confirm whether food truck remains in compliance – then do two renewals per month to reduce staff time, and allows 24 permits for the City

18. People should have everything ready to go if they want to get on list for a permit or give a specific time limit for people to provide all required documents to obtain permit so it does not waste more time for others waiting on the list

19. 30 days max for a truck owner to turn in all paperwork once offered permit

20. Having tables and canopies doesn’t bring a good look for the City and will generate a lot of trash

21. I like the idea of 2 tables, we have a lot of people asking for tables so they can stay and eat. We make sure to keep our area clean around our truck and would keep the area around our tables clean if we could have them.

22. Canopies bring a lot of homeless people who just hang out all day, and also creates a safety concern with kids running around. We are by Whitmore and it would not be safe for kids to be running around there

23. Would food trucks take canopies and tables away with them when they leave at night? They should take tables and canopies with them every day and clean their site when they leave.

24. Required number of parking spaces for the food truck itself so it is not taking away from the businesses sharing the parking lot.

25. We already clean up everything at the end of the day, so removing the tables would not be a big deal. I would still like to have 2 tables at my location.

26. Would “GrubHub” location meet the location parameters in the ordinance?

27. Would “GrubHub” be allowed to have tables and canopies?

28. In Moab, Utah there is a “GrubHub” that has a central awning with tables for people to sit and enjoy food, about 20 food trucks, restrooms, it was very nice. We could have one here and make it very nice as well. I just don’t know how many homeless people are there.

ITEM 9
Itinerant Restaurant (Mobile Food Vendor)
Standard Conditions of Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits – SIX MONTH TRIAL PERIOD
The
differentiating factor between the Temporary Use Permit (TUP) a nd Administrative Use Permit (AUP) is the amount of time that each is authorized and the process by which they may be considered for approval. TUP’s and AUP’s for Mobile Food Vendors may be approved ministerially by the Planning Division. Time limits for Mobile Food Vendors are:

TUP
– For special use events (as defined under Section 18.50.050) and not more than 5 days during the six month trial period.

AUP – In conjunction with or to supplement an existing business and not more than 180 days during the s ix month trial period. No more than 10 AUP’s will be issued for locations within Ceres
Any
permit issued for a Mobile Food Vendor shall be reviewed annually for a possible renewal or a revocation, and it may be reviewed on a n as needed basis as determined by the City . If Conditions of Approval and Performance Standards are not being met, then either additional conditions may be imposed at the annual review, or the Permit may be terminated due to failure of compliance. I n no case, shall any Mobile Food Vendor be permitted to operate that would subject the public to health and safety concerns.

An a
dministrative use permit shall first be obtained authorizing the establishment of an itinerant restaurant vehicle in the Commercial and/or Industrial Zone Districts pursuant to Sections 18.20.040 (P-C) that have an underlying Commercial or Industrial General Plan designation), 18.24.080 (C-1), 18.26.080 (C-2), 18.30.080 (H-1), 18.32.080 (M -1), and 18.34.080 (M -2) of the Ceres Municipal Code, and to the “RC, Regional Commercial”, “CC, Community Commercial”, “HC, Highway Commercial” and “MX2, Mixed Use 2” zoning designations of the Mitchell Road Corridor Specific Plan.

Supplemental Temporary Use Permit and Administrative Use Permit Application Materials. In addition to the standard application submittal requirements, each TUP and AUP applicant shall provide the following:
(a) Co
mpleted application, including a written description of the proposed vending activity (which would also identify the applicant’s intended days and hours of the operation). (b) Legal names of vending business owner and/or operator. (c) Proof of valid City of Ceres business license. (AUP only) (d) Proof of valid health permit(s), if required by applicable law or regulation. (e) Photocopy of valid form of identification (i.e. driver’s license) for business owner and operator. (f) Color photographs showing the front, sides, and rear views of the vending vehicle (i.e. mobile food truck), and of the proposed location for vending.
(g) P rovide a site plan for all proposed stationary location(s) and a map of the proposed route/area of vending.
(h) Dimensioned sample or rendering of proposed signage. (i) Non-refundable application fee: * For a TUP: $250. * For an AUP: $360. (j) If an applicant proposes to vend from a single location for more than four (4) consecutive hours at a time, the applicant must identify the location of an available restroom to be used by the vendor. (k) A letter from the property-owner approving the proposed operation.

General TUP and AUP Conditions and Performance Standards for Itinerant Restaurant Vehicles

ATTACHMENT D
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(a) No person(s) may engage in vending in any location within the City of Ceres unless the conduct of that activity meets each of the following criteria listed below, and unless the person is operating under and by the authority of a valid TUP and AUP during the six month trial period, (Itinerant Restaurant Vehicle).

(b) The permit shall address, and the vendor shall comply with, the following items:

(1) General. The City may impose conditions on the Permit as it deems necessary for health and safety, and/or to mitigate the impact of vending on an area. This may include the imposition of additional conditions and/or stricter requirements than identified below.

(2) H ealth Permit. Vending of food, produce, or other edible items requires valid health or other permit(s) issued by the appropriate agency (i.e. Stanislaus County Department of Environmental Resources (DER). Said health permit(s) shall be obtained from the appropriate agency prior to the submission of a City TUP/AUP application to the Planning Department and evidence of the valid permits shall be supplied to the City with the application.

(3) Shall Not Obstruct or Create Hazards. Vendors shall not obstruct site visibility, vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to the curb, and shall not create public health or safety hazards.

(4) Hours of Operation. Vending shall be conducted within the hours of operation established in the Permit or be similar to the hours of operation of the business that they supplement . In no case, shall operators/vendors be allowed after the hour of 12:00 a.m. or prior to 7:00 a.m. Mobile food vehicles shall not be permitted to be parked at their approved site(s) during non- operating hours. Notwithstanding approved hours of operation, all activities are subject to the restrictions of the City’s Noise Ordinance requirements.

(5) Signage. No more than one sign is allowed associated with each Permit. The sign shall not exceed ten (10) square feet and shall be affixed to the vehicle or device from which the goods or merchandise are being vended. Any signage other that what is noted here is prohibited.

(6) Number of Permits. AUP - Each property or designated space of vending shall require a n AUP.

If multiple designated spaces of vending are under the same ownership or management at the same property, then they may secure one AUP for vending and allow multiple operators/vendors access to that approved location; however, in no case, for the said AUP shall there be more than one operator/vendor on a property at the same time. In locations where vendors are operating, they must provide proof that all provisions listed here have been met, including but not limited to, Stanislaus County Department of Environmental Resources (DER, aka: Health Department) approval and approval of a City of Ceres Business License.

TUP – Each property or designated space of vending shall require a TUP.

TUP’s may be granted for private property and may include multiple vendors during an event. TUP’s may be issued for vendors to locate upon public property, but in those instances may require additional approvals such as street closure permits.

(7) Business License. AUP vendors shall have a valid City of Ceres business license prior to being allowed to operate.

(8) Sanitary Facilities. Operators /vendors shall have a written agreement from an existing business establishment for use of lavatory facilities by the operators/vendors and patrons within 200 feet of the vehicle’s location. This requirement would apply to AUP applications. Sanitary Facilities for any TUP will be set at the time the application is filed and a permit issued.

ITEM 9
(9) Indemnification. As a condition of issuance, the vendor /operator agrees to indemnify, hold harmless, and defend the City and its representatives against liability and/or loss arising from activities connected with and/or undertaken pursuant to the Permit. The City is not liable for any business loss, property loss, or other damage that may result from use of the Permit, or suspension or revocation of the Permit, and no vendor shall maintain any claim or action against the City, its officials, officers, employees, or agents on account of any suspension or revocation.

(10) Property Owners Approval. Permit applications must include the written approval of any property owner (in the form of a letter to the City’s attention) whose property will be used for vending.

Vending on private property must comply with any development conditions imposed on the private property, and all requirements of the appropriate zoning category.

(11) Other Applicable Regulations. The vendor/operator shall conform at all times with all applicable City and governmental requirements, including without limitation, the Americans with Disabilities Act, health and safety regulations, local zoning, and applicable redevelopment regulations.

(12) Term of Permit during six month trial period. The maximum Term for a TUP is 5 days during the trial period, while an AUP is less than 180 days during the trial period. At the conclusion of the trial period, the City will either determine if an extension of the trial period is warranted, or direct staff to either amend the Municipal Code to allow mobile food vendors, or terminate the program altogether.

(13) Transferability. A Permit is not transferable to any entity or person or property and is valid only as to the original applicant and at their original location. AUP applications shall state if a property is requesting approval of a mobile food vendor that may have multiple vendors utiliz ing a property over the course of a permit. However, in no case, for any AUP shall there be multiple mobile food operators/vendors on a property operating at the same time.

(14) Proximity to Other Items. No vending may occur within twenty (20) feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway. A greater distance or separation from other uses may be required, under the Permit, in order to preserve line- of-sight, or for other safety reasons. The vending shall not damage landscaped areas.

(15) Appearance and Storage. The vendor shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust -controlled condition. With the exception of approved stands, the vendor shall remove all evidence of vending and leave the site in a clean state at the close of each business day including any trash that was generated by that activity.

(16) Lighting. Vending may not occur after dark unless appropriate lighting is provided, or an exemption from this requirement is specifically granted as a part of the Permit due to the type of activity (e.g. one-time permit for itinerant vending at a special nighttime event).

(17) Parking. Prior to issuance of any Permit, the City shall confirm that an acceptable area for customer parking exists, or must specifically exempt the vendor from this requirement due to the nature and/or location of the use. Parking for the vendor shall be specified pursuant to the permit. The vendor shall not indicate exclusive roadway parking or reserve any public parking area for the vendor’s customer parking.

Vendors shall not park or set up their operations within designated Amer ican Disability Act (ADA) handicapped parking stalls, loading spaces, and walkways or ramps that are part of an ADA designated space or area.

(18) Location on Particular Roadways. Vending is prohibited along roadways. This requirement would apply to AUP applications. A TUP proposal could potentially allow for vending within said roadways for a special event and with necessary street closure approvals from the City.

ITEM 9

(19) Security. Subject to review of the TUP or AUP, the City may require special security features for the mobile food vehicle or the vendor, including, but not limited to a condition that t he mobile food operator/permittee shall install signage that loitering is not permitted and customers may only remain on the lot for up to 15 minutes after receiving their food. If applicable, the operator shall enforce the no- loitering rule.

(20) Number of Vendors and/or Operators. The City may limit the number of vendors at any one location or within an area, or limit the number of operators, sales persons, or others engaged in the act of vending for any one owner or permittee at the requested or approved location. Additionally, approved locations for mobile food vehicles shall not be located within 1,000 foot radius from another approved mobile food vehicle location. Special events authorized by a TUP are not subject to the separation requirement noted above.

(21) Design and Set-up of Vehicle for Vending. The width, length, and height of all vendor vehicles and devices shall be subject to review as a part of consideration of the Permit. The City’s review shall include but not be limited to color, materials, and appearance of the vending vehicle or device; accessories (including ice chests and trash receptacles); and maneuvering necessary for set -up and takedown. Vending vehicles or devices shall be designed such that they add to the aesthetic value of the vicinity. A site plan of areas at which stationary vending will occur must be provided, and is subject to City discretionary review.

The area of vending activity (excluding parking) shall be specified under the Permit and shall not generally exceed 200 square feet.

(22) Tables/Chairs/Shade Structures/Easy-Ups/Pop-Out Tents. Tables/chairs/shade structures/easy- ups/pop-out tents for use by customers shall generally be prohibited unless the vending is occurring in an area that is already specifically designed for such purpose, su ch as a plaza, park, or other public open space area with adequate restroom facilities, or if specifically required as a part of the Health Department conditions.

(23) Trash Receptacles. Operators/vendors shall have a written agreement with property owner(s)/business owner(s) of existing business establishment(s) to allow for the use of their existing trash receptacle(s)/enclosure(s). Operators/vendors shall have a trash receptacle adjacent to t he vehicle for disposal of refuse generated from this activity.

(24) Permit Display. Vendor permits and business licenses must be prominently displayed on the vehicle or device for vending, or if stationary, at the location of vending.

I have read and understand the Itinerant Restaurant (Mobile Food Vendor) Standard Conditions of Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits and agree to operate in accordance with these conditions and standards.

___________________________________ ____________________ Owner/Operator/Vendor Date

_______________________________________ ____________________ City of Ceres Staff Date

i:\planning\dept\planning\pc\2018\mobile food vehicles\itinerant restaurant standards ceres - final 10-8-18.doc ITEM 9

ATTACHMENT E

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing on Monday , July 10, 2023 beginning at 6:00 p.m., or soon thereafter, at the Ceres Community Center, 2701 Fourth Street, Ceres, California, and via the application ZOOM for the following:

1. A hearing to consider an amendment to the Ceres Municipal Code, Title 5 Business Licenses and Regulations, Chapter 10 Mobile Food Vending from Motor Vehicles. In 2018, a pilot program was initiated to allow up to 10 food trucks in the City of Ceres. After reviewing the food truck program over the last five years, adjustments are being proposed based on feedback from community outreach meetings, including consideration of the limit of 10 food trucks.

Location: Citywide
Applicant: City of Ceres
CEQA: Exempt per Section 15061(b-3)

Public comment may be submitted by emailing [email protected] by 4:00 p.m. on the date of the meeting or verbally at the hearing.

The meeting agenda, staff report, project documents, and ZOOM webinar information will be publicly available by 6:00 p.m. Friday, July 7, 2023 at www.ci.ceres.ca.us and at 2220 Magnolia Street, Ceres during regular business hours.

Any person who challenges this action in court may be limited to raising only those issues that they or someone else raised at the public hearing, or in written correspondence delivered to the City of Ceres at, or prior to, the public hearing.

Date Published: June 28, 2023

/s/ Fallon Martin, City Clerk
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: September 25, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Samir Royal, Director of Public Works
[email protected], (209) 538-5732
SUBJECT: River Road Mutual Water Company Request for Water Service RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council provide direction for the request from the River Road Mutual Water Company to connect to the City of Ceres water system.

I. BACKGROUND:

Water Partnerships include formal and informal agreements between water systems and community partners that strengthen our ability in California to ensure safe and sustainable drinking water. The State Water Board supports water partnerships whenever feasible with SAFER project funding and project support outreach and engagement.

Over the course of the past several months, staff has met with the ownership and operators of the River Road Mutual Water System, located at 1230 Mitchell Rd, Modesto, CA 95351, in terms of finding a long- term and cost -effective solution to the water quality problems faced by the owners of eight homes. The properties are located on the north side of River Road and on both side of Mitchell Road before the Mitchell Bridge as shown on the ATTACHMENT B – Boundary map. Only five homes, those on Mitchell Road, are annexed into the City of Ceres.

ATTACHMENT A - letter details the request for the City to work with the owners and operators of the River Road Mutual Water System to secure a connection to the City of Ceres water. The request is to connect to the existing water service on River Road east of Mitchell Road.

This request for service is similar to the Ceres West Mobile Home Park and Monterey Park Tract Community Services District (MPTCSD). The River Road Mutual Water System will be a single master meter consolidation. A connection is provided to the water system, which will be responsible for operating and maintaining the infrastructure within its own boundaries. For this type of project, a water service agreement must be made between the ITEM 10
owner of the entity and the City of Ceres. The construction of the connection to the City of Ceres will be paid by the River Road Mutual Water System.

Staff is in support of the connection to the City’s water system. The City’s water main runs through River Road. The connection would not cause any changes to the City’s water system.

II. REASONS FOR RECOMMENDATION:

N/A
III. FISCAL IMPACTS:

N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Should the City Council give staff direction to move forward with this connection, staff will negotiate a water services agreement, establish a fee and rate structure consistent with the City’s existing rates, and develop an MOU.

This item will be brought back to council for formal adoption by resolution once all items above have been completed.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. A ttachment A - Stanislaus County Directive DER-23-0001

2. A ttachment B - Boundary Map
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ATTACHEMENT A
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CITY OF CERES
G3
G2
G1
JDE
1"=300'
JAN 2019
H2F2

PUBLIC WORKS

ENGINEERING DEPARTMENT

WATER SYSTEM BASEMAP

ATTACHMENT B
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Ceres City CouncilSeptember 25, 2023

Ceres City Council
September 25, 2023