Agenda — Ceres City Council, December 11, 2023

AGENDA

JOINT REGULAR CITY COUNCIL MEETING AND SUCCESSOR AGENCY TO THE

FORMER CERES REDEVELOPMENT AGENCY, AND THE SUCCESSOR AGENCY

TO THE STANISLAUS-CERES REDEVELOPMENT COMMISSION MEETINGS

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, December 11, 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/Chair: Javier Lopez
Vice Mayor/Vice Chair: Bret Silveira (District 3)
Councilmembers/Members: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A. Martinez (District 4)
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AGENDA
Joint Regular City Council Meeting and Successor Agency to the Former Ceres Redevelopment Agency, and the Successor Agency to the Stanislaus-Ceres Redevelopment Commission Meetings
December 11, 2023

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INVOCATION
Invocation by Pete Kirchhoff, Youth for Christ Central Valley.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS
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
A. Planning Commission Appointment.

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 December 11, 2023 City Council Meeting was Posted on Thursday, December 7, 2023. (City Clerk)

2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)

3. Approval of Minutes for the following City Council Meetings (City Clerk) a. November 8, 2023 Special City Council Meeting
b. November 13, 2023 Regular City Council Meeting
c. November 27, 2023 Special City Council Meeting
d. December 4, 2023 Special City Council Meeting
AGENDA
Joint Regular City Council Meeting and Successor Agency to the Former Ceres Redevelopment Agency, and the Successor Agency to the Stanislaus-Ceres Redevelopment Commission Meetings
December 11, 2023

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4. Register of Audited Demand(s) Dated November 1, 2023 through November 22, 2023. (Esenwein)

5. General Correspondence – Information Only ( Royal)
a. Public Works Monthly Report for October 2023

6. Adding and Repealing Ceres Municipal Code Ordinances. (City Attorney) a. Waiver of Second Reading and Adoption of Ordinance No. 2023-XXXX , Adding Chapter 7, Protection of Critical Infrastructure, of Title 6, Health and Sanitation, to the Ceres Municipal Code.
b. Waiver of Second Reading and Adoption of Ordinance No. 2023-XXXX , Adding Chapter 8, Health and Hygiene, of Title 6, Health and Sanitation, to the Ceres Municipal Code.

7. 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 Mobile Food Truck Regulations. (City Manager)

8. Resolution No. 2023-XXX, Approving a Three-Year Contract with Top Dog Police K9 Training and Consulting, LLC (Top Dog) for Monthly Maintenance Training of the Police K9 Teams and Initial Training to New Police K9 Teams. (Collins)

9. Resolution No. 2023-XXX, Authorizing the Purchase of a Bonander Dump Trailer for the City of Ceres Code Enforcement Division. (Collins)

10. Resolution No. 2023-XXX , Approving the Extension of a Contract for Graffiti Removal Services with Affordable Custom Painting for a Term of Two (2) Years at a Rate of $68.00 Per Hour, Not to Exceed $50,000.00 Annually without Prior Council Approval, and Authorizing the Interim City Manager to Execute the Contract. (Collins)

11. Resolution No. 2023-XXX , Authorizing the Interim City Manager to Execute a Construction Contract for the Improvement of the Don Pedro Park Trail with George Reed, Inc. and Authorizing a Budget Amendment to Allocate the Approved ARPA Funds for the Project. (Royal)

12. Resolution No. 2023-XXX , Approving the Use of American Rescue Plan Act (ARPA) Funds to Install Point to Multi-Point Wireless Network Base Station. (Frederick)

13. Resolution No. 2023-XXX , (SA-SCRC) Approving the Recognized Obligation Payment Schedule Pursuant to the Health and Safety Code Section 34177 for the AGENDA
Joint Regular City Council Meeting and Successor Agency to the Former Ceres Redevelopment Agency, and the Successor Agency to the Stanislaus-Ceres Redevelopment Commission Meetings
December 11, 2023

Page 4 ends

Period Commencing July 1, 2024 and Ending June 30, 2025 (ROPS 24-25 and Taking Certain Actions in Connection. (Hoem)

14. Resolution No. 2023-XXX, (SA-CRA) Approving the Recognized Obligation Payment Schedule Pursuant to the Health and Safety Code Section 34177 for the Period Commencing July 1, 2024 and Ending June 30, 2025 (ROPS 24-25) and Taking Certain Actions in Connection. (Hoem)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

None

NEW BUSINESS

15. Resolution No. 2023-XXX, Ratifying the Appointment Approving an Employment Agreement with Douglas Dunford for the Position of City Manager. (Vasquez)

DISCUSSION ITEMS

16. Report on Homelessness. (Collins)

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

Page 5 ends

CLOSED SESSION

17. Conference with Legal Counsel, Cal. Gov’t Code §54956.9(d)(2) “For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist… A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Potential Case(s): (1 case)

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on January 8, 2024 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Council Agenda:

The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours.

Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538-5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).

AFFIDAVIT OF POSTING I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Thursday, December 7, 2023, at the following locations in Ceres: Community Center Display Case – 2701 Fourth Street __________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

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: December 11, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Christopher Hoem, Community Development Director [email protected], (209) 538-5778
SUBJECT: Planning Commission Appointment
RECOMMENDED COUNCIL ACTION:

Council concurrence with the subcommittee’s recommendation for a Planning Commission appointment of a four-year term expiring December 31, 2027.

I. BACKGROUND:

The Planning Commission has one vacancy for a full four -year term expiring December 31, 2027 . A subcommittee was selected by the Council at their regular meeting on November 13, 2023 consisting of Mayor Lopez and Councilmember Martinez. The subcommittee had three scheduled interviews with candidates on December 11, 2023.

The Council will decide to either renew the incumbent’s appoint ment or appoint a new member to the Planning Commission for a four-year appointment.

The following people applied for the appointment and were scheduled for interviews:
• Ruldip “RJ” Jammu (incumbent)
• Gary Condit
• Kelly Cerny
II. REASONS FOR RECOMMENDATION:

The Ceres Municipal Code (section 2.05.020) states that “ The members of the Commission shall be appointed by the Mayor with the approval of the City Council and shall serve at the pleasure of the City Council.”
III. FISCAL IMPACTS:

There are no fiscal impacts associated with the appointment.

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

N/A
V. POLICY ALTERNATIVES:

N/A
V
I. INTERDEPARTMENTAL COORDINATION:

N/A
V
II. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

This appointment will be effective January 1, 2024 and will expire on December 31, 2027.

Within 30 days of appointment, the appointee must comply with AB 1234 (Ethics Code) and file a Statement of Economic Interest.

Appr
oved by: ____________________
Douglas D. Dunford
Interim City Manager
Atta
chments:

1. Attachment A – Applications
ITEM A

ATTACHMENT A
ITEM A
ITEM A
ITEM A
ITEM A
ITEM A
ITEM A

DRAFT MINUT
ES

CITY COUNCIL SPECIAL MEETING

COUNCIL RULES AND PROCEDURES WORKSHOP

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City C
ouncil Chambers, 2701 Fourth Street
Wednesday, November 8, 2023 at 9:00 a.m.

Mailing A
ddress: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
Mayor Lopez
called the November 8, 2023 special meeting to order at 9:00 a.m.

ROLL CALL – Present:

Mayor: Javi
er Lopez
Vice Mayor: Brett Silveira (District 3)
Councilmembers: James Casey (District 1) ; Rosalinda L. Vierra (District 2); Daniel A.

Martinez (District 4)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Present Present Present

PLEDGE OF ALLEGIANCE
Pledge of A
llegiance was led by Mayor Lopez.

CITIZEN COMMUNICATIONS to the Council on items which have been described in the notice of this Special Meeting (five minutes)
None

COUNCIL RULES AND PROCEDURES

1. Council
Rules and Procedures Workshop.

Council an
d staff discussed updates to the Council Rules and Procedures.

ITEM 3

DRAFT MINUTES
Special City Council Meeting
Council Rules and Procedures Workshop
November 8, 2023

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ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on November 13, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

There being no further business, Mayor Lopez adjourned the special meeting at 10 :50 a.m.

_____________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

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

ITEM 3

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

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

City Council Chambers, 2701 Fourth Street
Monday, November 13, 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 Lo
pez called the November 13, 2023 meeting to order at 6:00 p.m.

ROLL CALL – Present:

Mayor:

Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A.

Martinez (District 4)

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Present Present Present

INVOCATION

Invoca
tion by Tim Giannosa, Big Valley Grace Community Church.

PLEDGE OF ALLEGIANCE

Pledge of
Allegiance was led by Mayor Lopez.

PRESENTATIONS

A. Small
Business Saturday Proclamation

Ceres Chamber of Commerce President, Brandy Meyer , accepted the proclamation.

B. Lung Cancer Awareness Month Proclamation

Mayor Lopez presented the proclamation.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 13, 2023

Page 2 ends

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

Sophea Tuy sp
oke regarding the median at Morgan Rd. & Service Rd.

Manny Obaid spoke regarding the median at Morgan Rd. & Service Rd and submitted a petition.

Tom Mitsopoulos spoke regarding the median at Morgan Rd. & Service Rd.

Angie Riley spoke regarding the traffic at Blaker-Kinser Junior High School.

Shawna Moore spoke regarding the Hometown Heroes Banner Program.

Violet Saveh spoke in regard to being a small business owner in Ceres and signage for businesses.

Virginia Guitron spoke regarding the median at Morgan Rd. & Service Rd.

Pete Samaniego spoke regarding the Hometown Heroes Banner Program.

Dave Bridges spoke regarding traffic at Morgan Rd. & San Pedro Ave.

John Warren spoke regarding the Hometown Heroes Banner Program.

Freddy Morales spoke regarding the Hometown Heroes Banner Program.

Shane Parson spoke regarding a Thanksgiving dinner he is sponsoring on Thursday, November 16, 2023 at the Ceres Community Center.

Gene Yeakley spoke regarding public attendance at City Council meetings, Hometown Heroes Banner Program, and funding for traffic control.

City Clerk, Fallon Martin, read an email into the record from David Bridges regarding Morgan Rd. & San Pedro Ave.

City Clerk, Fallon Martin, read an email into the record from Jenny Weese regarding public service employee salaries for the City of Ceres.

City Clerk, Fallon Martin, read an email into the record from Vanessa Crane regarding the median at Morgan Rd. & Service Rd.

City Clerk, Fallon Martin, read an email into the record from Stephanie Marquez regarding the median at Morgan Rd. & Service Rd.

City Clerk, Fallon Martin, read an email into the record from Nick Maynard regarding the ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 13, 2023

Page 3 ends

median
at Morgan Rd. & Service Rd.

City Clerk, Fallon Martin, read an email into the record from Dennis Brazil regarding the City Manager recruitment.

APPOINTMENTS TO BOARDS/COMMISSIONS

C. Interv
iew Process for Appointment to the Planning Commission

Community Development Director, Christopher Hoem, introduced the item.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included appointing Mayor Lopez and Councilmember Martinez to the sub-committee for Planning Commission interviews.

Action: Motion by Vice Mayor Silveira , seconded by Councilmember Martinez, appointing Mayor Lopez and Councilmember Martinez to serve as the sub- committee for Planning Commission
interviews. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes

CONFLICT OF INTEREST DECLARATION

None

CONSENT CALENDAR

Consent
Calendar item 5 were removed by John Warren.

Consent Calendar items 9, 11, 12, and 13 were removed by Councilmember Vierra.

Action: Motion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving items 1 – 4, 6 – 8, and 10. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 13, 2023

Page 4 ends

1. Cler
ks Report of Posting. The agenda of the November 13, 2023 City Council Meeting was Posted on Wednesday, November 8, 2023. (City Clerk)

3. Approval of Minutes for the following Regular City Council Meetings. (City Clerk) a. October 9, 2023
b. October 23, 2023

4. Register of Audited Demand(s) Dated October 12, 2023 through October 25, 2023. (City Manager)

5. Removed for separate consideration.

6. Consideration to Cancel the Regularly Scheduled City Council Meeting of December 25, 2023. (City Clerk)

7. Resolution No. 2023 -143, Approving a Filing Fee for Massage Establishments, Schools of Massage, Every Person Who Proposes to Engage in the Practice of Massage, and Every Person Who Proposes to be an Instructor or Trainee in a School of Massage. (Collins)

8. Resolution No. 2023-144, Awarding a Professional Engineering Services Contract for the Storm Drain Master Plan (SDMP) – Programmatic CEQA Initial Study and Mitigated Negative Declaration to Black Water Consulting Engineers, Authorizing a Budget Amendment, and Authorizing the Interim City Manager to Execute the Contract. (Royal)

9. Removed for separate consideration.

10. Resolution No. 2023 -146, Awarding the Construction Contract for Well 38 Discharge and Irrigation Project to Rolfe Construction Inc., Authorizing a 10% Contingency, and Authorizing the Interim City Manager to Execute the Contract. (Waugh)

11. Removed for separate consideration.

12. Removed for separate consideration.

13. Removed for separate consideration.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 13, 2023

Page 5 ends

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 5: Removed for separate consideration by John Wa rren

Consideration to Cancel the Regularly Scheduled City Council Meeting of November 27, 2023. (City Clerk)

John Warren spoke regarding the purpose of cancelling the Regular City Council Meeting on November 27, 2023.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included why there is a request to cancel the Regular City Council Meeting on November 27, 2023.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 5. Motion carried 4/1/0 /0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes Yes

Item 9: Removed for separate consideration by Cou
ncilmember Vierra

Resolution No. 2023-145, Authorizing a Budget Amendment and Authorizing the Interim City Manager to Purchase a Ford F -150 Electric Vehicle (EV) from Rush Ford for Use by the Public Works Superintendent. (Royal)

Councilmember Vierra spoke regarding the expense of the project , how it will be paid for, and the deadline to apply for the grant.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included tabling the item to ensure the grant deadline has not passed, the accessibility of obtaining the vehicle, purchasing the truck through a Ceres car dealership, and whether money is budgeted.

Action: Motion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving item 9. Motion carried 3/2/0/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 13, 2023

Page 6 ends

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No No Yes Yes Yes

Item 11: Removed for separate consideration by Co uncilmember Vierra

Resolution No. 2023 -147, Approving Spectrum Enterprise Internet for a Three- Year Term and Authorizing the Interim City Manager to Execute the Agreement. (Frederick)

Councilmember Vierra spoke regarding the cost difference, internet speed, and whether the cost was budgeted.

Mayor Lopez asked for public comment.

John Warren inquired as to whether this would provide Wi -Fi and internet at the American Legion Hall.

Mayor Lopez closed public comment.

Action: Motion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving item 11 . Motion carried 4/1/0 /0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes Yes

Item 12: Removed for separate consideration by Co
uncilmember Vierra

Resolution No. 2023 -148, Approving a Budget Amendment to Correct the 23475.029900 Budget Account to Reflect the Balance of the Awarded SB2 Grant. (Hoem)

Councilmember Vierra spoke regarding how and underestimation of the budget occurred and why actuals were not reflected in the budget.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included how the mistake was caught and audit of the City budget.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 13, 2023

Page 7 ends

Acti
on: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 12. Motion carried 3/2/0 /0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No No Yes Yes Yes

Item 13: Removed for separate consideration by Co uncilmember Vierra

Resolution No. 2023 -149, Approving an Expenditure to Remodel the Building Division Office Area and Authorizing the Interim City Manager to Execute the Contract with Integrated Systems. (Hoem)

Councilmember Vierra spoke regarding the approved uses for the SB 2 grant.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included confirmation from the Department of Housing the approved uses for the SB 2 grant.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 13. Motion carried 3/2/0 /0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No No Yes Yes Yes

UNFINISHED BUSINESS

None

PUBLIC HEARING

14. Ordina
nce No. 2023 -XXXX, Amending Chapter 10, Mobile Food Vending f rom Motor Vehicles o f Title 5, Business Licenses a nd Regulations, o f the Ceres Municipal Code to Amend Mobile Food Truck Regulations. (City Manager)

Interim City Manager, Doug Dunford, introduced the item.

Mayor Lopez asked for public comment.

John Warren spoke regarding enforcement with the regulations pertaining to food truck vendors.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 13, 2023

Page 8 ends

Shane P
arson spoke regarding the allowable uses of a- frame signs and placing tents and chairs on private property.

Violet Saveh spoke regarding the fees and requirements of the Stanislaus County Health Department.

Shawna Moore spoke regarding the benefits of a grub hub.

City Clerk, Fallon Martin, read an email into the record from Lisa Mantarro Moore with the Ceres Street Faire regarding the impact that food truck vendors would have on the annual Ceres Street Faire.

Mayor Lopez closed public comment.

Council and staff discussion included:
• regulations on private property;
• ordinance language related to private property;
• food truck committee’s intention as it pertains to private property; • reason why the code needs to be revisited;
• moving the ordinance forward and revisiting item #6 of the presentation at a later date and ability to edit the proposed ordinance;
• tabling the ordinance to obtain additional public input; • the impact the ordinance will have on the Code Enforcement Division; • the affect tabling the ordinance would have on the Planning Commission ; and
• if tabling the ordinance establishing parameters for the food truck committee (when they meet, how many times they meet, what they need to discuss, and when council wants the ordinance to be brought back).

Vice Mayor Silveira introduced a motion to approve #14 in the public hearing section striking prohibit table, tents, canopies, and seating at individual food trucks and authorize grub hub, special events, eatery food trucks in breweries, pubs, and bars, pending further investigation by the food truck committee.

Vice Mayor Silveira rescinded his motion.

Councilmember Casey introduced a motion to table the item and obtain additional public input, seconded by Councilmember Martinez.

Councilmember Martinez rescinded his second, motion failed due to lack of second.

Action: Motion by Councilmember Casey, seconded by
Councilmember Vierra, to table the item and obtain additional public input. Motion failed 2/3/0/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 13, 2023

Page 9 ends

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes No No No

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 14 and have the food truck committee reconvene to address recommendation #6 of the presentation .

Motion carried 3/2/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No No Yes Yes Yes

15. Adding and Repealing Ceres Municipal Code Ordinances. (City Attorney) a. Ordinance No. 2023 -XXXX, Adding Chapter 7, Protection of Critical Infrastructure, of Title 6, Health and Sanitation, to the Ceres Municipal Code.

b. Ordinance No. 2023-XXXX, Adding Chapter 8, Health and Hygiene, of Title 6, Health and Sanitation, to the Ceres Municipal Code.

City Attorney, Nubia I. Goldstein, introduced the ordinances.

Mayor Lopez asked for public comment. The following members of the public spoke:

Dave Pratt spoke regarding the treatment of the unhoused.

John Warren inquired about the public hearing for item 15c.

Mayor Lopez closed public comment.

Council and staff discussion included compliance with the law, critical infrastructure, how the ordinances will affect the Code Enforcement Division, encampment cleanups, and addressing the unhoused.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 1 5a. Motion carried 3/2/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No No Yes Yes Yes

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 1 5b. Motion carried 4/1/ 0/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 13, 2023

Page 10 ends

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes Yes

c. Ordinance No. 2023 -XXXX, Repealing Section 18.28.120 – Overnight Camping in Residential, Commercial and Industrial Related Zoned Properties, of Chapter 18.28 Special Provisions, of Title 18, Zoning; adding Chapter 22, Camping Within City Limits, of Title 9, Public Peace, Safety and Morals, to the Ceres Municipal Code; and amending Title 6, Chapter 1,Section 6.01.160, Illegal/unauthorized dumping, of the Ceres Municipal Code.

This public hearing will be continued to a future Regular City Council Meeting.

Mayor Lopez asked for public comment. The following members of the public spoke:

John Warren spoke regarding the staff report for item 15c.

Mayor Lopez closed public comment.

NEW BUSINESS

None

DISCUSSION ITEMS

16. Public
Murals and the Creation of a Mural Ad Hoc Committee. (Hoem)

Community Development Director, Christopher Hoem, introduced the item.

Mayor Lopez asked for public comment. The following members of the public spoke:

Gene Yeakley spoke regarding the selection of the Mural Ad Hoc Committee members.

Irene Ortiz spoke regarding her experience with similar mural projects.

Mayor Lopez closed public comment.

Council and staff discussion included grants to fund the project, having Mayor Lopez, Councilmember Martinez, and Irene Ortiz make up the Mural Ad Hoc Committee, reopening public comment, and having a sunset of three months for the Mural Ad Hoc Committee.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 13, 2023

Page 11 ends

Acti
on: Motion by Councilmember Martinez, seconded by Mayor Lopez, approving a Mural Ad Hoc Committee consisting of Mayor Lopez, Councilmember Martinez, and Irene Ortiz. Motion carried 3/2/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes No Yes No Yes

COUNCILMEMBER REFERRALS

None

REPORTS

• Mayor

N
othing to report.

• City Council

Councilmember Casey spoke regarding his recent interaction with dispatch and thanked the City for the Hometown Heroes Banner Program.

Councilmember Vierra spoke regarding the creation of a hummingbird garden in front of the Ceres Library and Downtown Streets Team.

Councilmember Martinez spoke regarding Saturday, December 2 nd being the opening
of Christmas Tree Lane and Christmas festivities.

Vice Mayor Silveira spoke regarding the Stanislaus Regional Water Authority ribbon cutting event occurring Tuesday, November 14
th.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Public Works Director, Samir Royal, spoke regarding the Stanislaus Regional Water Authority ribbon cutting event occurring Tuesday, November 14 th.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 13, 2023

Page 12 ends

• Count
y Supervisor

Nothing to report.

CLOSED SESSION

17. Conference with Labor Negotiators, C
al Gov’t Code §54957.6(a)
Agency Designated Representative: Interim City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

REPORT FROM CLOSED SESSION

Mayor Lo
pez reported out there was no direction given to staff.

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on December 11, 202 3 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

There bei
ng no further business, Mayor Lopez adjourned the meeting at 9:56 p.m.

_____________________________
Javier Lopez, Mayor

____________________________
Fallon Martin, City Clerk

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

ITEM 3

DRAFT MINUTES

CITY COUNCIL SPECIAL MEETING

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

City Council Chambers, 2701 Fourth Street
Monday, November 27, 2023 at 8:00 a.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Lopez called the November 27, 2023 special meeting to order at 8:04 a.m.

ROLL CALL – Present:

Mayor: Javier Lopez
Vice Mayor: Brett Silveira (District 3)
Councilmembers: James Casey (District 1) ; Rosalinda L. Vierra (District 2); Daniel A.

Martinez (District 4)

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Present Present Present

PLEDGE OF ALLEGIANCE

Pledge of Allegiance was led by Mayor Lopez.

CITIZEN COMMUNICATIONS to the Council on items which have been described in the notice of this Special Meeting (five minutes)

None

CLOSED SESSION

1. Public Employment, Cal. Gov’t Code §54957
Title: City Manager Interviews

REPORT FROM CLOSED SESSION

Mayor Lopez reported out that direction had been given to staff.

ITEM 3

DRAFT MINUTES
Special City Council Meeting
November 27, 2023

Page 2 ends

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on December 11, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

There being no further business, Mayor Lopez adjourned the special meeting at 2:27 p.m.

_____________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

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

ITEM 3

DRAFT MINUT
ES

CITY COUNCIL SPECIAL MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City C
ouncil Chambers, 2701 Fourth Street
Monday, December 4, 2023 at 8:00 a.m.

Mailing A
ddress: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
Mayor Lopez
called the December 4, 2023 special meeting to order at 8:02 a.m.

ROLL CALL – Present:

Mayor: Javi
er Lopez
Vice Mayor: Brett Silveira (District 3)
Councilmembers: James Casey (District 1) ; Rosalinda L. Vierra (District 2); Daniel A.

PLEDGE OF ALLEGIANCE
Pledge of A
llegiance was led by Mayor Lopez.

CITIZEN COMMUNICATIONS to the Council on items which have been described in the notice of this Special Meeting (five minutes)
None

CLOSED SESSION

1. Public Employment, Cal. Gov’t Code §54957
Title: City Manager
ITEM 3

DRAFT MINUTES
Special City Council Meeting
December 4, 2023

Page 2 ends

REPORT FROM CLOSED SESSION

Mayor Lopez reported out that direction had been given to staff.

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on December 11, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

There being no further business, Mayor Lopez adjourned the special meeting at 8:35 a.m.

_____________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

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

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COUNCIL AGENDA REPORT

Information only, no action required.

I. BACKGROUND:

Out
lined below are the significant actions performed by the Public Works Department for the month of October 2023.

FACILITY SERVICES:
• Completed 124 Facilities Maintenance work orders including: 87 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 37 preventive maintenance services.
• Completed the LED retrofit of 8 chandelier light fixtures in the Small Assembly Room at the Ceres Community Center.
• Provided event set -up and support for the Recreation’s Trunk or Treat event at Whitmore Park. Event was well attended by the public.
• Contracted with Joaquin Painting to paint the Whitmore House, Carriage building and parts of the Museum.
• Provided event support to the Ceres Unified School District with light towers for their Fall Festival on 10/26 and 10/27/23.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

Mai
ntenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, one (1) Facility Maintenance Worker, and four (4) Custodians.

ITEM 5a
FLEET SERVICES:

Completed 105 work orders

Fleet, Department 20
• New sweeper at dealer for engine warranty repairs

Fire, Department 15
• N/A

Police, Department 10
• 3 police units had warranty repairs at dealer

Streets, Department 30
• New storm water F550 pickup went into service
• Second sweeper had new foam filled curb side tires installed

Water, Department 35
• F350 pickup, 2003, fleet installed new turbo and oil leaks repaired

Parks, Department 40
• Toro trailer had new tires and electrical repairs made • Toro mower was serviced

Wastewater, Department 25
• Waste Waters new Nixon Egli Jet rodder truck arrived in. 22/23 budgeted item.

Facilities, Department 41
• Install hitch on new transit van

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 357 service requests in the following categories:
• Bike Path Repairs: 0
• City Grounds Maintenance: 18
• Park Landscape and Maintenance: 232
• Parks Landscape chemical usage: 0 gallons Parks / Grounds • Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow pending delivery. • Playground and Equipment Inspections: 2
• Right of Way (ROW) Irrigation Repairs: 48 sprinklers • Park Trees: 31 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 26 • Total Graffiti Vandalism & Repair cost is $2550.00 for the month of October.

ITEM 5a
Parks sprinklers repaired or replaced:
• Barry Grove – 2 maintenances
• Costa Fields – 4 maintenances
• Don Pedro – 3 maintenances
• Independence – 1 vandalism
• Dog Park – 2 maintenances
• Neel Park – 6 maintenances
• Persephone – 0
• Redwood – 0
• River Bluff – 8 maintenances
• Riverview – 3 maintenances
• Roeding Heights – 5 maintenances
• Sam Ryno – 2 maintenances
• Smyrna – 9 maintenances
• Strawberry – 2 maintenances
• Whitmore – 1 maintenance

Parks General Maintenance/Repairs:
• Power washed Covered areas at Roeding Park tables and River Bluff parks • Graffiti removal at Sam Ryno (4), Strawberry (2), River Bluff (5), Roeding (4), Neel (1), Ochoa (4), Persephone (2), Smyrna (10) , Don Pedro (3), and Independence Park (1)

Grid Prune by West Coast Arborists (WCA)
• Grid # 3 2020-2021 100% - Completed with 2,343 trees pruned • Grid # 4 2021=2022 99% - Completed with 2,450 trees pruned so far • Grid # 2 2022 – 2023 Started in July 2023 95% completed • Grid # 1 2023 – 2024 Started in October 2023 5% completed • Grid #5 a total of 8,571 trees still unpruned
• Pending: 182 High Risk, 5 Removals and 336 Trims starting FY 2023-24

Grounds
Rights of Way (ROWs):
• Faith Home Rd.: modifying enclosure of backflow device to make it vandal -proof, pending water staff to schedule backflow install.
• Staff will provide a list of backflow replacement for water division. • River Road; backflow devices stolen and pending replacement. Turned off water at River and Canyon Falls.
• Pine Street roundabout repaired broken valve and sprinkler caused by vehicle accident.

Parks
Sam Ryno:
• Temporarily repaired swings, waiting on parts for repair. • Ordered parts for Spinning chair and Rocking cycle.

Smyrna Park:
• Construction for park improvement has started.
• Replaced 3 broken valves to prepare for park construction and improvements.

ITEM 5a
• Re-staked 3 trees along Presidential walkway due to vandalism. • Cleared old restroom for construction demolition
Roeding Park
• Installed 3 concrete trash cans
Neel Park:
• Installed fiber in playground
• Staff utilizing water truck to water newly planted trees which has no irrigation. • All trees in park trimmed
Independence Park:
• Replaced tamper resistant lid for power box due to vandalism.

Berry Grove Park:
• Completed concrete pad and installed picnic table and trash can.

Riverview Park:
• Trimmed all trees in park
River Bluff Park:
• Playground area - replaced 3 sprinklers due to vandalism. • Fences cut and repaired 4 times to lower bluff area.
• Trimmed 22 trees along soccer fields.
• Brush hogged Lower area dirt areas.
• Cross country had scheduled two tournament events.

Guillermo Ochoa Park:
• Brush hogged entire park
• Playground exercise Equipment vandalized
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 started on October 1st and will run until January 9th. This program is only for residential customers and not business or multi-family complexes.
o Highlights of solid waste and recycling collection by Bertolotti for October 2023  Residential…………………….… 1049.18 tons
 Illegal dump (code enforcement) 29.22 tons, 31 locations  Illegal dump (Bertolotti) ………. 2.51 tons, 3 locations  Bulky items…………………….… 37.90 tons, 94 locations
 Leaf/limb …...…………….… 159.54 tons
 Street Sweep………………….… 48.95 tons
 Residential Organics…………… 463.21 tons
 Commercial Organics…………. 260.54 tons
 Residential Recycle………….… 173.85 tons
 Commercial Recycle …………… 4.79 tons
 C&D (Construction/Demolition Debris) 13.84 tons
 Used oil…………………………… 389 gallons
ITEM 5a
 Used oil filter……………...……… 52

• There were 6 garbage cart storage violation notices issued in October. • There were 33 organic cart contamination violations issued in October. • There were 13 Leaf & Limb violations issued in October.

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

STREETS SERVICES:
• Staff responded to a total of 131 customer service requests • Responded to 245 Underground Service Alerts (USA) markings • Repaired 49 streetlights
• Flushed 2,550’ of storm drain pipeline
• Deployed message boards for Trunk or Treat event and active shooter training • Preformed traffic control on Hatch Road due to fatality • Handled graffiti work orders while Troy was off
• Removed and replaced 4 flags of sidewalk on Electric Court • Repaired sinkhole on Railroad Ave
• Paved Central and Evans due to water leak
• Shawn installed 3 pressure stations for the water division • Paved a section of Roeding Road e/o McGee Road for the water division City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, six ( 6) Streets Maintenance Operators, one (1) Street Sweeper Operator and (2) part time Streets/Code Enforcement Maintenance workers. Please note the Streets Division has been down one staff member since January 2022 due to workers comp injury.

WASTEWATER (WWTP`):
• Responded to 7 customer service requests and 26 sewer problems, during working hours and after hours.
• Staff responded to 4 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s). There were (0) SSOs in October which resulted in 0 gallons spilled and recovered.
• Serviced or Repaired:
o Lift Stations – 13
o WWTP Equipment – 15
o Main line sewer plugs – 1
o Aerators – 2
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.
• Staff performed pond discing and ripping for weed abatement and pond rehabilitation
• Staff checked on force main to Turlock.
• Staff cleaned 21,930 feet of sewer main line.
• Staff CCTV inspected 3,206 feet of sewer line.
• Staff continues the process of updating the Wastewater Discharge Report (WDR) • SCADA Integrator, Jeff Burrows, and Wastewater Staff, continued converting lift station and treatment plant controls to the new SCADA system ITEM 5a
• Staff continued to work on SCADA integration of WWTP irrigation. • Staff repaired 1 aerator
• Staff assisted & completed work with contractor to resurface all asphalt throughout the 200-acre treatment plant.
• Staff completed sewer cleaning and root treatment throughout the Morrow Village Backyard easements. This is done every other year to prevent root issues and SSO’s in this area due to the sewer lines being in the backyards, and not in the street. It costs over $25,000 in product and 3 weeks with a minimum of 4 operators to complete.
• Staff assisted Street Department with the clean-up of a feed spill at the intersection of Hatch & Herndon
• Staff checked & marked 264 USA tickets, which took 37 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer use charges $78,913.70 for the month of September. • Modesto sewer use charges $140,004.92 for the month of August. • Biochemical Oxygen Demand (BOD) 55 mg/L
• Treated and disposed of 75.63 MG of wastewater with an average of 2.44 MGD Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, one (1) Operator -in- Training. There are four (4) open Wastewater Operator positions. Please note Wastewater has not been fully staffed since 2019. Nearly all veteran operators retired or moved to other cities locally. We have tried to recruit experienced operators but did not receive a single applicant. Multiple applicants have turned down job offers citing low wages as the reason for declining the offers.

WATER SYSTEM MAINTENANCE:

Water, Department 35
• October 2023 well production was 189.56 million gallons • Average water use for October was 6.11 million gallons per day • Water staff responded to 14 customer service requests • Water staff responded to 90 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,852
o Meters/radios serviced: 89

o Meters replaced: 21
o Meters upgraded from ¾”, 5/8” to 1”: 6
o New meter installations: 5
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 163 were exercised • Blow-offs and hydrants flushed: 66
• Water main leaks: 0
• Service line leaks: 6
• Service lines have been replaced: 6
• Hydrants replaced: 0
• Water quality samples taken: 60
• Staff accepted the River Bluff tank station project as complete

ITEM 5a
Water Conservation, Department 36
October 2023 calculated residential gallons used per person per day: 79.99 • Annual average is 85.99 gallons per person per day
• Responded to 31 water conservation service requests
• Water portal has 195 residents registered
• Issued courtesy notifications: 96
• Performed 0 water audits
• Delivered 0 water waste warnings, issued 1 water waste fine, and 189 excess consumption fines
• Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 0, Washing Machine: 0, and Turf Replacements: 0
Total Rebates YTD: 27
The graph below shows our production numbers for 2020 in blue compared to 2023 in

purple with the water reduction target of 15% in red. For October 2023, we had a decrease of 5.46% from the October 2020 production numbers.

Water system maintenance is performed by one (1) Superintendent, one (1) Administrative Analyst, two (2) Senior Water Operators, eight (8) Water Distribution Operators, two (2) Field Service Technicians, and one (1) part -time Water Conservationist.

Approved by: __________________
Douglas D. Dunford
Interim City Manager
ITEM 5a
ITEM 5a

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: December 11, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Nubia I. Goldstein, City Attorney
[email protected], (916) 468-0950
SUBJECT: Ordinance No 2023-XXXX, Adding Chapter 7, Protection of Critical Infrastructure, of Title 6, Health and Sanitation, to the Ceres Municipal Code
Or
dinance No 2023-XXXX, Adding Chapter 8, Health and Hygiene, of Title 6, Health and Sanitation, to the Ceres Municipal Code RECOMMENDED COUNCIL ACTION:

1. St
aff recommends Council approves the second reading and adoption of Ordinance No. 2023-XXXX, reading by title only, waiving further reading, an ordinance of the City of Ceres adding Chapter 7, Protection of Critical Infrastructure, of Title 6, Health and Sanitation, to the Ceres Municipal Code.

2. St
aff recommends Council approves the second reading and adoption of Ordinance No. 2023-XXXX, reading by title only, waiving further reading, an ordinance of the City of Ceres adding Chapter 8, Health and Hygiene, of Title 6, Health and Sanitation, to the Ceres Municipal Code.

I. BACKGROUND:

In recent years, there has been an increase of unpermitted camping activity within City limits due to a shelter crisis, resulting in a significant number of persons unable to obtain shelter. These types of encampments attract illegal dumping, rodents, fire hazards and contamination of the surrounding areas, which pose an immediate threat to the health, safety, and welfare of the public, including encampment occupants. The proposed ordinances establish the necessary framework to regulate and manage encampments to maintain healthy and hygienic communities. The ordinances authorize City personnel to conduct temporary clean and clear operations and establish regulations for the removal of individuals and their personal property in, on, or near critical infrastructure intended for the provision of public services.

ITEM 6

II. REASONS FOR RECOMMENDATION:

The critical infrastructure protection ordinance will address the threat to public health, safety, and welfare posed by encampments near critical infrastructure (the “Critical Infrastructure Protection Ordinance”). The Critical Infrastructure Protection Ordinance will declare it a public nuisance for any person to camp, occupy camp facilities, use camp paraphernalia, or store personal property within twenty -five (25) feet of critical infrastructure, within twenty-five (25) feet of a vehicular or pedestrian entrance or exit of critical infrastructure, and in portions of right-of-way that are required by law to be free of obstructions to first responders. The Critical Infrastructure Protection Ordinance does not apply to camping on private property if authorized by the private property’s owner.

Violations of the Critical Infrastructure Protection Ordinance will be subject to abatement after seventy-two (72) hours’ written notice. If conditions and violations are so severe that immediate action is required to prevent serious threat of harm, the City can pursue summary abatement without prior notice. Further, violations of the Critical Infrastructure Protection Ordinance will be subject to criminal, civil, and administrative penalties, in addition to any legally available remedies.

The health and hygiene ordinance will address the threat to public health, safety , and welfare posed by encampments (the “Health and Hygiene Ordinance”). The Health and Hygiene Ordinance authorizes the Public Works Department to carry out clean and clear operations of camp sites to prevent the buildup of hazardous waste, illegal dumping , infectious waste, refuse, or solid waste. The clean and clear operations require seventy - two (72) hours’ notice to affected occupants. Any property left at the campsite during the clean and clear operations will be considered abandoned and subject to disposal.

Unabandoned and temporarily unattended items will be collected for safe storage and retrieval by occupants unless the items are not safe for storage. Any items not safe for storage will immediately be discarded. Further, permanent closure of a campsite can occur if an existing or expected natural disaster or environmental harm poses a threat to the health and safety of the camp’s occupants.

Compliance with Martin v. City of Boise.

Due to the Martin v. City of Boise (“Martin”) decision, ordinances that prohibit camping in public places are unenforceable against homeless individuals when there is no practical alternative shelter available.
1 Ordinances prohibiting camping in public places at
particular times or in particular locations, however, are still enforceable. 2 The Critical Infrastructure Protection Ordinance is designed to comply with Martin since the Critical Infrastructure Protection Ordinance only prohibits camping within twenty -five (25) feet of critical infrastructure and in portions of right-of-way that are required by law to be free of obstruction to first responders. The Camping Within City Limits Ordinance also complies with Martin since the Campling Within City Limits Ordinance only prohibits camping in specific locations.

Further, the Health and Hygiene Ordinance only authorizes permanent closure of an encampment site when there is an existing or expected natural disaster or environmental harm posed by a threat to the health and safety of a camp’s occupants. Ordinances

1 Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584, 618. 2 Id. at 617.

ITEM 6
requiring the temporary vacating of an encampment in a public space on a regular basis for public health and safety purposes are also enforceable. 3 The Health and Hygiene Ordinance provides for “clean and clear” operations to protect public health and safety.

Collecting Personal Property Located within Encampments.

When the City abates encampments by collecting personal property of the encampment’s occupants, the United States Constitution’s due process clause requires that the City take reasonable steps to give notice to the property owner.
4 Further, the City must provide
owners of taken property the opportunity to retrieve their property. 5 The Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance comply with the United States Constitution’s due process clause by providing encampment occupants seventy-two (72) hours’ written notice prior to abatement and clean and clear operations. 6 The Critical Infrastructure Ordinance only authorizes summary abatement in the limited circumstance where conditions or violations are so severe that immediate action is required to prevent the serious threat of harm. Further, when the City abates pursuant to the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance the City will store taken unabandoned and temporarily unattended property for at least ninety (90) days for retrieval by property owners, unless such property is not safe for storage.
7 III.

FISCAL IMPACTS:

The City will bear the cost of enforcing the ordinances. The Critical Infrastructure Protection Ordinance authorizes the City to recover the cost of abating camping and use of camping paraphernalia near critical infrastructure. Practically, however, the recovery of abatement cost can be difficult.

IV.

EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

The Critical Infrastructure Protection Ordinance ensures that the community has adequate, well-maintained infrastructure and coincides with strategic goal #1. The Health and Hygiene Ordinance and the Camping Within City Limits and Garbage Removal Ordinance both address the health, safety, and welfare of the community and coincide with strategic goal #2.

V. P OLICY ALTERNATIVES :

As alternatives to adopting the ordinances, the Council could decide to:

1. C ontinue introduction of the proposed ordinances to a later City Council meeting, with direction to staff to provide changes, or

2. Reject the proposed ordinances.

3 Shipp v. Schaaf (N.D. Cal. 2019) 379 F.Supp.3d 1033, 1037 (“Shipp”). 4 Lavan v. City of Los Angeles (9th Cir. 2012) 693 F.3d 1022, 1032. 5 Ibid.
6 See Shipp, supra, at 379 F.Supp.3d at p. 1038.
7 See ibid.

ITEM 6

VI. I NTERDEPARTMENTAL COORDINATION:

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

VII. P
UBLIC PARTICIPATION:

N/A

VIII. EN
VIRONMENTAL REVIEW :

N/A

IX. ST
EPS FOLLOWING APPROVAL :

The ordinances shall take effect 30 days following the City Council approval and adoption of the second reading.

Approved by: _____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Critical Infrastructure Protection Ordinance

2. Attachment B – Health and Hygiene Ordinance

3. Attachment C – Public Hearing Notice

ITEM 6

ATTACHMENT A
{CW133972.1}
ORDINANCE NO. 2023-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES, ADDING CHAPTER 7, PROTECTION OF CRITICAL INFRASTRUCTURE, OF TITLE 6,

HEALTH AND SANITATION, TO THE CERES MUNICIPAL CODE

WHEREAS, camping and use of camping paraphernalia near critical infrastructure poses an immediate threat to public health, safety , and welfare due to potential destruction of, damage to, and interference with infrastructure critical to the provision of public services, such as law enforcement, fire prevention, transportation, and utilities, including communication, water and waste disposal; and

WHEREAS, destruction of, damage to, or interference with critical infrastructure is caused by fire, contamination, blocked access, or other causes; and

WHEREAS, destruction of, damage to, or interference with critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure; and

WHEREAS, the City of Ceres City Council (“City Council”) desires to mitigate the threat of fire and other potential causes of destruction and damage to and interference with critical infrastructure to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

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

SECTION 1 . C
hapter 7, Protection of Critical Infrastructure shall be added to Title 6 , Health and Sanitation, of the Ceres Municipal Code as follows:

Chapter 7 Protection of Critical Infrastructure
Sections:

6.07.010 Findings and purpose.

6.07.020 Definitions.

6.07.030 Relation to other laws.

6.07.040 Prohibited Activities.

6.07.050 Abatement.

6.07.060 Interference.

6.07.070 Violation—Penalty.

ITEM 6

ATTACHMENT A
{CW133972.1}

6.07.010 Findings and purpose.

The city council finds as follows: (1) an immediate threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities, including communication, water, and waste disposal; (2) destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, blocked access, or other causes; and (3) destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.

The purpose of this chapter is to mitigate the threat of fire and other potential causes of destruction and damage to and interference with critical infrastructure to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

6.07.020 Definitions.

When used in this chapter, the following words and phrases have the following meanings:

A. “ Camp” and “camping” mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, mobile homes, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.

B. “ Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.

C. “ Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.

D. “ Critical infrastructure" means real property or a facility, whether privately or publicly owned, that the City Manager designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, waterways, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.

E. “ Facility" means a building, structure, equipment, system, or asset.

ITEM 6

ATTACHMENT A
{CW133972.1}
F. “ Fire prevention official" means the Fire Chief, or designee.

G. “ Garbage” includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of, foodstuffs.

H. “ Hazardous waste” has the same meaning as in California Public Resources Code Section 40141.

I. “ I
nfectious waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.

J. “ Refuse” includes garbage and rubbish.

K. “Solid waste or wastes” includes all putrescible and non- putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

6.07.030 Relation to Other Laws.

Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Ceres Municipal Code or as otherwise permitted under law.

6.07.040 Prohibited activities.

A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia at the following locations:

1. Critical infrastructure;

2. Within twenty-five feet (25) of critical infrastructure;

3. Within twenty-five feet (25) of a vehicular or pedestrian entrance or exit of critical infrastructure; or

4. On those portions of a right -of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies.

B. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in the following locations without the written consent of the owner, except as otherwise provided by resolution of the city council:

ITEM 6

ATTACHMENT A
{CW133972.1}

1. Critical infrastructure;

2. Within twenty-five (25) feet of critical infrastructure;

3. Within twenty-five (25) feet of a vehicular or pedestrian entrance or exit of critical infrastructure; or

C. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to the period that the owner has given their consent. All overnight camping on private residential property within the City is subject to applicable building and fire codes under the Ceres Municipal Code and prohibitions on the use of trailers and mobile homes as set forth in the Ceres Municipal Code.

D. Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private propert y for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by Title 6 or other laws, ordinances, and regulations.

6.07.050 Abatement.

A. Any violation of Section 6.07.040 may result in abatement of an occupant’s personal property after providing them with no less than seventy -two (72) hours’ written notice that the occupant’s camp, camp paraphernalia, or camp facility is located in or on a designated Critical Infrastructure area.

B. Summary abatement without prior notice is warranted when conditions or violations are so severe that immediate action is required to prevent the serious threat of harm.

C. Abatement pursuant to subsections A or B may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or refuse; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.

D. Regardless of the city's authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with the Ceres Municipal Code, and applicable provisions of state and federal law; and is liable for violations thereof.

ITEM 6

ATTACHMENT A
{CW133972.1}
E. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Chapter 19.12.

6.07.060 Interference.

In accordance with California Penal Code § 148, no person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official in their execution of an abatement pursuant to this chapter.

6.07.070 Violation—Penalty.

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal, civil, and administrative penalties pursuant to Title

19. B. Violations of this chapter are hereby declared to be a public nuisance.

All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

SECTION 2. S
everability. 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 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 and shall continue to be in full force and effect.

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

T
his Ordinance was introduced at a regular meeting of the City Council held on the 13 th day of November 2023, and passed and adopted as Ordinance No. 2023- XXXX at a regular meeting of City Council held on the 11th of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

__________________________
Javier Lopez, Mayor
ITEM 6

ATTACHMENT A
{CW133972.1}
ATTEST:

_______________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney

ITEM 6

ATTACHMENT B
{CW133971.1}
ORDINANCE NO. 2023-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES, ADDING CHAPTER 8, HEALTH AND HYGIENE, OF TITLE 6, HEALTH AND SANITATION TO

THE CERES MUNICIPAL CODE
WHEREAS, a shelter crisis exists due to a significant number of persons without the ability to obtain shelter; and
WHEREAS, homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; and WHEREAS, the shelter crisis is an immediate threat to the health, safety , and welfare of the public, including encampment occupants; and WHEREAS, until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities.

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

SECTION 1 . C hapter 8, Health and Hygiene, shall be added to Title 6, Health and Sanitation of the Ceres Municipal Code as follows:

Chapter 6 .08 Health and Hygiene
Sections:

6.08.010 Findings and purpose.

6.08.020 Definitions.

6.08.030 Relation to other laws.

6.08.040 Abatement.

6.08.050 Interference.

6.08.010 Findings and purpose.

The city council finds as follows: (1) a shelter crisis exists due to a significant number of persons without the ability to obtain shelter; (2) homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; (3) the shelter crisis is an immediate threat to the health, safety, and welfare of the public, including encampment occupants; (4) until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities.

The purpose of this chapter is to alleviate the hazardous conditions of encampments by authorizing the Public Works Department , or a City authorized agent, to conduct temporary clean and clear operations and permanent encampment closures as necessary to protect the public welfare, health, and safety.

ITEM 6

ATTACHMENT B
{CW133971.1}

6.08.020 Definitions.

When used in this chapter, the following words and phrases have the following meanings:

A. “Abandoned” shall mean any property that based on words, act , or other objective indications, it is reasonable to conclude that a person has relinquished ownership of the property.

B. “Camp” and “camping” mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.

C. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.

D. “Camp paraphernalia” i ncludes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non- city designated cooking facilities and similar equipment.

E. “Clean and Clear” means the temporary closure of an encampment to all occupants to remove hazardous materials, refuse, or other types of waste.

F. “Environmental” means relating to the natural or artificial conditions of the environment of the area of concern.

G. “Fire Hazard” means the accumulation of dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

H. "Hazardous waste" has the same meaning as in California Public Resources Code Section 40141.

I. “ Illegal Dumping” means to deposit or allow to remain in any street, alley, public park or other public owned property any of the following: discarded boxes, cartons, earth, concrete, bricks, waste construction materials, tin or metal cans, bottles, glass, rags, paper and any and all like items which have been discarded or are no longer desired by the owner thereof.

J. “Infectious waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.

ITEM 6

ATTACHMENT B
{CW133971.1}
K. “Natural Disaster” includes floods, earthquakes, wildfires, and other serious environmental events that create emergencies that endanger the safety of the city’s population.

L. "Refuse” includes garbage and rubbish.

M. “Routine” means occurring repeatedly on a weekly, monthly, or annual basis at any interval (bi-weekly, bi-monthly, etc.)

N. “ Solid waste or wastes” includes all putrescible and non- putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition, and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

6.08.030 Relation to Other Laws
Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Ceres Municipal Code or as otherwise permitted under law.

6.08.040 Abatement
A. The Public Works Department is authorized to carry out both one- time or routine Clean and Clear operations at camping locations to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste.

B. Clean and Clear operations require that affected occupants receive notice of the action at least seventy -two (72) hours prior to its scheduled time, in accordance with Ceres’s encampment management policy, as it may be amended from time to time.

C. Any property left at the campsite during the Clean and Clear operation shall be considered abandoned and subject to disposal. City officials will collect and log any unabandoned and temporarily unattended items that are safe for storage for retrieval by occupants after the operation ends. The city shall secure any collected belongings for no less than ninety (90) days.

D. Any items that are not safe for storage, including but not limited to food, food wrappers, soiled items, or items used for personal hygiene (not including medication), may be immediately discarded. Additionally, property that is hazardous or poses an immediate threat to public health and safety may also be discarded.

ITEM 6

ATTACHMENT B
{CW133971.1}
E. Permanent closure of a campsite is warranted where an existing or expected natural disaster or environmental harm poses a threat to the health and safety of a camp’s occupants. Permanent closure entails the same requirements of this Section, unless an emergency makes notice and logging personal property infeasible.

6.08.050 Interference.

In accordance with California Penal Code § 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of their office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

SECTION 2 . S
everability. 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 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 and shall continue to be in full force and effect.

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

This Ordinance was introduced at a regular meeting of the City Council held on the 13 th
day of November 2023, and passed and adopted as Ordinance No. 2023- XXXX at a regular meeting of City Council held on the 11 th of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

__________________________
Javier Lopez, Mayor

ITEM 6

ATTACHMENT B
{CW133971.1}
ATTEST:

_______________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney

ITEM 6
ITEM 6
{CW133684.2}
City of Ceres

NOTICE OF PUBLIC HEARING
NOT
ICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing on Monday, November 13, 2023, beginning at 6:00 p.m., or soon thereafter, at the Ceres Community Center , 2701 Fourth Street , Cere s, C alifornia, to consider the following:

An or
dinance of the C ity Council of the City of Ceres, adding Chapter 7 , Protection of Critical Infrastructure, of Title 6, Health and Sanitation, of the Ceres Municipal Code.

An or
dinance of the City Council of the City of Ceres, adding Chapter 8 , Health and Hygiene, of Title 6, Health and Sanitation, of the Ceres Municipal Code.

An or
dinance of the C ity Council of the City of Ceres, rep ealing Section 18.28.120 – Overnight Camping in Residential, Commercial and Industrial Related Zoned Properties, of Chapter 18.28 Special Provisions, of Title 18, Zoning; adding Chapter 22, Camping Within City Limits, of Title 9, Public Peace, Safety and Morals , to the Ceres Municipal Code; and amending Title 6, Chapter 1,Section 6.01.160, Illegal/unauthorized dumping, of the Ceres Municipal Code.

In r
ecent years, there has been an increase of unpermitted campin g activity within City limits due to a shelter crisis, resulting in a significant number of persons unable to obtain shelter. These types of encampments attract illegal dumping, rodents, fire hazards and contamination of the surrounding areas, which pose an immedi ate threat to the health, safety, and welfare of the public, including encampment occupants. The proposed ordinances establish the necessary framework to regulate and manage encampments to maintain healthy and hygienic communities. The ordinances authorize City personnel to conduct temporary cl ean and clear operations and establish regulations for the removal of indiv iduals and their personal property in, on, or near critical infrastructure intended for the provision of public services.

Publi
c 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 m
eeting agenda, staff report, and project documents will be publicly available by 6:00 p. m. Fr iday, November 10, 2023, at www.ci.ceres.ca.us and at 2220 M agnolia Street, Ceres, California during regular business hours.

Any
person who challenges thi s action in c ourt may b e limited to raising only those issues that t hey or someone else raised at the public h earing, or in wr itten correspondence delivered to the City of Ceres at, or prior to, the public hearing. /s
/ Fallon Martin, City Clerk
Date Not
ice Published: November 1, 2023

ATTACHMENT C
ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

Ordinance No. 2023-XX XX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend Mobile Food Truck Regulations
RECOMMENDED COUNCIL ACTION:

Staf
f recommends Council approve the second reading and adopt Ordinance No. 2023-XXXX, reading by title only, waiving further reading, 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 Mobile Food Vendors.

I. BACKGROUND:

Until 2018, food trucks were generally not allowed in Ceres. The 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.

On July 24, 2023, the City Council had their first reading of a proposed ordinance amendment. The Council also decided to create a Food Truck Committee (“Committee”) to further discuss the proposed changes. The Committee met on July 31 and September 12, 2023. The committee consisted of members of the public and two City Councilmembers.

After receiving feedback from the Committee, the City Council rejected the second reading of the original proposal at the September 25, 2023 City Council meeting. Staff is now presenting the following proposal, referred to as “Food Truck Ordinance 2.0”, based on community feedback and direction from the Mobile Food Truck Committee.

ITEM 7
II. REASONS FOR RECOMMENDATION:

The Committee made the following recommendations:

1. Increase the limit of 10 stand-alone food trucks to 20

2. Maintain the distance buffers of 1000 feet for stand- alone food trucks and 350 feet from parks

3. Incorporate the existing food truck policies in the Ceres Municipal Code

4. Clarify the definitions used in the new recommendations to align with the California Vehicle Code

5. Increase the stand-alone food truck permit terms from 1 to 2 years, unless the process can be automated

6. Prohibit tables, tents and seating at stand-alone food trucks

7. Prohibit music from stand-alone food trucks, except at approved special events

8. Require lavatories within 200 feet for all food trucks

9. Clarify that the property owner has the ability to revoke authorization and cause the permit to be revoked

10. Limit the number of food trucks in downtown Ceres
III. FISCAL IMPACTS:

The City would see an increase in revenue from the additional food trucks and the permitting process.

IV. EXISTING POLICY / RELATIONSHIP TO THE S TRATEGIC PLAN:

The ordinance presented coincides with strategic goals #2 and #3.

V. POLICY ALTERNATIVES:

As alternatives, the Council can elect to do the following:

1. Do nothing and keep the pilot program continuing

2. Approve the ordinance presented tonight to amend the Municipal Code to establish new guidelines and processes.

3. Discontinue the current pilot program, banning existing food trucks.

4. Direct Staff to reconvene the Food Truck Committee for possible options that were not discussed.

VI. INTERDEPARTMENTAL COORDINATION:

City Staff and the City Attorney were consulted on this proposal.

VII. PUBLIC PARTICIPATION:

Staff coordinated with the Mobile Food Truck Committee to hold two meetings that were scheduled for July 31, 2023 and September 12, 2023.

VIII. ENVIRONMENTAL REVIEW:

This proposal is not subject to CEQA.

ITEM 7
IX. STEPS FOLLOWING APPROVAL:

Upon approval of the second reading and adoption of ordinance, the new Food Truck Ordinance would become effective in 30 days.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Draft Food Truck Ordinance

2. Attachment B – Current Ordinance (Mobile Food Vending from Motor Vehicles)

3. Attachment C – Public Hearing Notice
ITEM 7
ITEM 7
ORDINANCE NO. 2023-XXXX
AN O

RDINANCE 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 MOBILE FOOD TRUCK REGULATIONS
W
HEREAS, the City Council of the City of Ceres, State of California, has considered a 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; and
W
HEREAS, the Community Development Department held community meetings on April 26, 2023 and June 21, 2023 to solicit public feedback on proposed revisions to the City’s food truck regulations, and considered all testimony and comments presented whether orally or in writing; and
W
HEREAS, at the July 24, 2023, City Council meeting, the City Council decided to create a Food Truck Committee to provide a recommendation to the City Council on the proposed changes; and
WHEREAS, the Food Truck Committee held public meetings on July 31, 2023 and September 12, 2023 to review the proposals and recommend changes to the food truck regulations; and
WHEREAS, the 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.

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

S
ECTION 1. Chapter 10, Mobile Food Vending From Motor Vehicles, of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code, is amended to read as follows:

CHAP
TER 10 MOBILE FOOD VENDORS

5.10.010 Purpose.

The purpose of this chapter is to establish a permitting and regulatory program for mobile 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 ITEM 7

ATTACHMENT A
the City to encourage small business activities while still permitting regulation and enforcement of unpermitted mobile food vending activities to protect the public's health, safety, and welfare.

5.10.020 Definitions.

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 is the owner and/or primary operator of the Mobile Food Vendor operation.

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

Hearing Officer means an impartial individual designated by the City Manager to determine appeals pursuant to and in accordance with Chapter s 5.10 and 19.11 of the Ceres Municipal Code.

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 t railer 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 Permit and Business License Required.

Mobile food vendors shall obtain a mobile food vendor permit issued under the provisions of this chapter and any necessary business license as required by the Ceres Municipal Code in order to operate within the City.

ITEM 7

5.10.040 General and operational standards for Mobile Food Vendors.

Unless otherwise exempt, the following general and operational standards shall apply to all mobile food vendors:

A. All mobile food vendors shall obtain any required permits from the City, County, and the State, if applicable.

B. All mobile food vendors shall comply with the California 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.

C. No more than 20 Administrative Use Permits, as established pursuant to section 5.10.050, may be issued within the City at one time.

D. Mobile food vendors shall not impede on- or off-site vehicle circulation at the site in which the mobile food vendor operates.

E. Mobile food vendors must provide written authorization of the property owner at which the m obile food vendor operates. At any time, the property owner may revoke their authorization and in such case the City shall revoke the Mobile Food Vendor permit at that property.

F. Mobile food vendors shall not use 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 as determined by the City Manager or designee.

G. Mobile food vendors shall provide adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.

H. Mobile food vendors shall not stop, stand, or park their vehicle or trailer in any clear vision triangle or no parking zone.

I. 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.

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

K. Mobile Food Vendors shall only operate within the days and hours of operation established in the permit.

L. Mobile Food Vendors must have a written agreement with an existing non- residential business establishment within two hundred (200) feet of the Mobile Food Vendor location for use of lavatory facilities by the Mobile Food Vendor operator during operating hours.

M. 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 ITEM 7
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.

N. 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. The trash receptacles shall comply with all applicable requirements of the Ceres Municipal Code and any regional, state, and federal regulations. Mobile food vendors must have authorization from the property owner to allow the disposal of waste in appropriate waste receptacles on site.

O. 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. CUP Mobile Food Vendors shall adhere to sign regulations as described in Ceres Municipal Code Section 18.26.

5.10.050 Mobile Food Vendor Permits.

A. An Administrative Use Permit (AUP) is required for individual Mobile Food Vendors operating within the City. An AUP may be issued by the Approving Authority and shall be subject to the following additional requirements:

1. A distance buffer of at least 1,000 feet is required between AUP Mobile Food Vendors.

2. A distance buffer of at least 350 feet is required between AUP Mobile Food Vendors and any school or park.

3. A distance buffer of at least 350 feet is required between AUP Mobile Food Vendors and any b uilding-enclosed restaurant unless written permission is provided by the restaurant operator.

4. Amplified music or sound is prohibited.

5. Tables, chairs, canopies, and tents are prohibited.

6. AUP Mobile Food Vendors shall not operate in Downtown Ceres , as defined by the Ceres Downtown Specific Plan, during the annual Ceres Street Faire unless the Mobile Food Vendor is an authorized participant.

7. AUP Mobile Food Vendors shall only be allowed to operate in the IP, M-1, M-2, A- P, C-1, C-2, C-3, H-1, CC, HC, RC, MX-1, MX-2, C-F and PC zones. AUP Mobile Food Vendors shall only be allowed to operate in PC zones that have a General Plan land use designation of industrial, commercial, or mixed-use.

8. AUP Mobile Food Vendors shall only operate on private property as authorized by the property owner.

9. AUP Mobile Food Vendors shall not operate in any public right-of-way.

10. AUP Mobile Food Vendor vehicles and trailers shall not be parked at their approved site during non-operating hours.

11. AUP Mobile Food Vendor permits expire two years following approval.

B. A Temporary Use Permit (TUP) is required for Mobile Food Vendors operating during ITEM 7
a special event pursuant to a Special Use Event permit as set forth in Ceres Municipal Code Chapter 5.09. A TUP may be issued by the Approving Authority.

C. A Conditional Use Permit (CUP) is required for properties where either (1) a Mobile Food Vendor applicant seek s an exception to the requirements that apply to AUP Mobile Food Vendors; or (2) multiple Mobile Food Vendors seek to operate on a single property. A CUP shall be processed in accordance with the provisions set forth in Chapter 30 of Title 18 of the Ceres Municipal Code. Mobile Food Vendors operating with a CUP shall be subject to the following additional requirements:

1. A legally permitted and permanent public restroom facility is required.

2. L ighting, landscaping, parking, signage, and other development standards must adhere to Title 18, Zoning, of the Ceres Municipal Code.

3. T he Planning Commission may establish certain conditions deemed necessary to protect the public health, safety, welfare, and aesthetics of the community.

4. The permit length and expiration date, if applicable, shall be determined by the Planning Commission.

D. An Eatery Food Truck Permit is required for Mobile Food Vendors that operate at breweries, pubs, and bars. A n Eatery Food Truck Permit may be issued by the Approving Authority and shall be subject to the following additional requirements:

1. Amplified music or sound is prohibited.

2. Operation of an Eatery Food Truck shall only be allowed on private property containing a brewery, pub, or bar.

3. Operation of an Eatery Food Truck shall only be within the operating hours of the brewery, pub or bar that is on the same property as the Eatery Food Truck.

4. Eatery Food Truck Permits expire two years following approval.

5.10.060 Additional operational standards for ice cream trucks.

Standards for ice cream trucks shall be governed under Vehicle Code section 22456.

Operation of an ice cream truck business requires a business license from the City of Ceres.

5.10.070 Permit application.

An applicant for a mobile food vendor permit shall submit an application to the City Manager or designee. The application shall include the following:

A. The legal name of any person operating or managing the mobile food vendor operation.

B. The email 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.

D. A site plan showing the location at which the applicant proposes to conduct the business.

ITEM 7
E. T he proposed days and hours of operation, and a description and pictures of the front, side, and rear of the mobile food vendor trailer or vehicle which is to be operated at the location.

F. A letter from the property owner or designee authorizing the mobile food vendor operation at the proposed location, if on private property.

G. A letter from the property owner or designee of the lavatory facility within 200 feet of the mobile food vendor operation, authorizing use of the lavatory by the mobile food vendor during hours of operation.

H. A letter authorizing the mobile food vendor operation, for any AUP mobile food vendor, from any building-enclosed restaurant owner (s) or designee(s) within 350 feet of the mobile food vendor operation.

I. A nonrefundable application fee pursuant to section 5.01.140.

5.10.080 Transfer of permit.

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 Approving Authority.

5.10.090 Permit suspension, revocation, and appeal procedures.

A. The Approving Authority may suspend or revoke the mobile food vendor permit where any provision of this chapter, state law, or a condition of a mobile food vendor permit is violated.

B. Notification of the suspension or revocation of the mobile food vendor permit must be made in writing, must state the reason(s) for the action, and must notify the mobile food vendor of the appeal process as set forth in this section. The revocation or suspension shall become effective at the end of the appeal period and, if an appeal is requested, the action shall be stayed pending the appeal decision.

C. In the case of a Conditional Use Permit, the Planning Commission shall hold a public hearing pursuant to the requirements set forth in Chapter 30 of Title 19 of the Ceres Municipal Code.

D. Any person who has been denied a mobile food vendor permit or any person whose mobile food vendor permit has been suspended or revoked may appeal the decision and request an appeal hearing pursuant to the administrative hearing procedure set forth in Chapter 11 of Title 19 of the Ceres Municipal Code.

5.10.100 Violations.

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor. In addition, the Code Enforcement Officer(s) or any duly authorized ITEM 7
representative of the City may elect to seek punishment as an infraction or issue an administrative citation as authorized by Title 19 of the Ceres Municipal Code.

SECTION 2. 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 jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 3. PUBLICATION AND EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of 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.

SECTION 4. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL . This Ordinance was introduced at a regular meeting of the City Council held on the 13th day of November 2023, and passed and adopted as Ordinance No. 2023-XXXX at a regular meeting of the City Council held on the 11th day of December 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
ITEM 7
ITEM 7
11/2/23, 10:18 AM Ceres, CA Municipal Code
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A.

CHAPTER 10 - MOBILE FOOD VENDING FROM MOTOR VEHICLES

5.10.010 - Purpose.

The purpose of this chapter is to establish a permitting and regulatory program for mobile food vendors operating from motor vehicles. The provisions of this chapter allow the City to encourage small business activities while still permitting regulation and enforcement of unpermitted mobile food vending activities to protect the public's health, safety, and welfare.
(Ord. No.
2020-1057 , § 1, 3-23-2020)

5.10.020 - "Mobile food vendor" denition.

Mobile food vendor means a person who displays, prepares, or processes food on a motor vehicle for the purpose of selling food to a consumer.
(Ord. No. 2020-1057 , § 1, 3-23-2020)

5.10.030 - Permitted sales.

Mobile food vendors shall acquire mobile food vendor permit issued under the provisions of this chapter, and any necessary business license as required by this title. (Ord. No.
2020-1057 , § 1, 3-23-2020)

5.10.040 - General development and operational standards for mobile food vendors.

Unless otherwise exempt, the following general and operational standards shall apply to all mobile food vendors (including ice cream trucks):

All mobile food vendors shall obtain any required permits from the City, County, and the State, if applicable.

All mobile food vendors shall comply with the Vehicle Code and Health and Safety Code.

Mobile food vendors 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.

ATTACHMENT B
ITEM 7
11/2/23, 10:18 AM Ceres, CA Municipal Code
about:blank 2/4
D.

1. 2.

3. E.

1. 2.

3. 4.

Operations on private property.

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

Mobile food vendors shall provide adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.

Operations in public right-of-way.

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.

Mobile food vendors shall not stop, stand, or park in any clear vision triangle or no parking zone.

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.

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.
(Ord. No.
2020-1057 , § 1, 3-23-2020)

5.10.050 - Additional 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.

ITEM 7
11/2/23, 10:18 AM Ceres, CA Municipal Code
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A.

B.
(Ord. No. 2020-1057 , § 1, 3-23-2020)

5.10.060 - Permit application.

An applicant for a mobile food vendor's permit shall submit an application to the City Manager. The application shall include, among other things, the following:

The true 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;
The phone number and address of the applicant;
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; 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; The location at which the applicant proposes to conduct the business; The type of food, wares, or merchandise to be sold, the proposed hours of operation, and a description, drawing or picture of the vehicle which is to be operated at the location; 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
A nonrefundable application fee pursuant to
section 5.01.140.
(Ord. No. 2020-1057 , § 1, 3-23-2020)

5.10.070 - Decision and limitations.

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 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.

ITEM 7
11/2/23, 10:18 AM Ceres, CA Municipal Code
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C.

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.

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.

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

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.

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. (Ord. No.
2020-1057 , § 1, 3-23-2020)

5.10.080 - 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 Manager.
(Ord. No.
2020-1057 , § 1, 3-23-2020)
ITEM 7
NOT

ICE OF PUBLIC HEARING
N
OTICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing on Monday, October 23, 2023 beginning at 6:00 p.m., or soon thereafter, at the Ceres Community Center, 2701 Fourth Street, Ceres, California, for the following:

1. A hear
ing to cons ider an amendment to the Ceres Municipal Code, Title 5 Business Licenses and Regulations, Chapter 10 Mobile Food Vending from Motor Vehicles . Adjustments to the food truck ordinance are being proposed based on feedback from community outreach and Food Truck Committee meetings. Changes include increasing the limit of 1 0 stand-alone food trucks citywide to a limit of 20 , maintaining distance buffers, incorporating existing food truck policies into the Ceres Municipal Code, and other miscellaneous changes.

Loc
ation: Citywide
Applicant: City of Ceres
CEQA: Exempt per Section 15061(b-3)
Publ
ic comment may be submitted by emailing [email protected] by 4 :00 p.m. on the date of the meeting or verbally at the hearing.

T
he meeting agenda, staff report, and project documents will be publicly available by 6:00 p.m. on Friday, October 20, 2023 at www.ci.ceres.ca.us and at 2220 Magnolia St ., Ceres, California during regular business hours.

A
ny person who challenges thi s action in c ourt may b e limited to raising only those issues they or someone els e raised at the public hearing, or in wr itten correspondence delivered to the City of Ceres at, or prior to, the public hearing.

Date No
tice Published: October 11, 2023
/
s/ Fallon Martin, City Clerk
ITEM 7

ATTACHMENT C
ITEM 7

COUNCIL AGENDA REPORT

Resolution No. 2023 -XXX, Approving a Three -Year Contract with Top Dog Police K9 Training and Consulting, LLC (Top Dog) for Monthly Maintenance Training of the Police K9 Teams and Initial Training to New Police K9 Teams
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approv e a three -year contract with Top Dog Police K9 Training and Consulting, LLC (Top Dog) for monthly maintenance training of the police K9 teams and initial training to new police K9 teams.

I. BACKGRO
UND:

Top D
og has been providing the monthly maintenance training of the police K9 teams since 2015. In addition to the monthly maintenance training, Top Dog also provides the eight-week intensive training for all new police K9 teams.

II. REAS
ONS FOR RECOMMENDATION:

Cont
inuing the contract with Top Dog will provide consistency in the training for the K9 teams. Top Dog has provided excellent training at an affordable price.

III. FI
SCAL IMPACTS:

The c
ost for the training during the three-year contract is as follows:
2024 = $225.00 per team per month = $10,800.00 annually 2025 = $240.00 per team per month = $11,520.00 annually 2026 = $250.00 per team per month = $12,000.00 annully
The t
raining costs are budgeted annually and split between 10010.039600 (75%) and 26210.039600 (25%)
ITEM 8
IV. EXISTING POLICY:

N/A

V. POLICY ALTERNATIVES:

Council could choose to not approve the three-year contract with Top Dog. In which case, the Police Department would need to find alternate training for their K9 Teams or disband the K9 Unit.

VI. INTERDEPARTMENTAL COOPERATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval the City Manager will execute the three-year contract with Top Dog Police K9 Training and Consulting, LLC.

Approved by:_____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A - Resolution

2. Attachment B - Contract
ITEM 8

RESOLUTION NO. 2023-XXX

APPROVING A THREE-YEAR CONTRACT WITH TOP DOG POLICE K9 TRAINING

AND CONSULTING, LLC (TOP DOG) FOR MONTHLY MAINTENANCE TRAINING OF THE POLICE K9 TEAMS AND INITIAL TRAINING TO NEW POLICE K9 TEAMS

THE CITY COUNCIL
City of Ceres

WHEREAS, the Ceres Police Department has been using Top Dog Police K9 Training and Consulting, LLC (Top Dog) since 2015 for the monthly maintenance training of the police K9 teams and the initial training to new police K9 teams; and

WHEREAS, Top Dog has provided the Ceres K9 Teams excellent training at an affordable price.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the C ity of Ceres does hereby approve a three-year contract with Top Dog Police K9 Training and Consulting, LLC (Top Dog) for m onthly maintenance training of the Police K9 Teams and initial training to new Police K9 Teams.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11
th day of December 2023, by the following vote:

AYES: Councilmembers:

NOES: C ouncilmembers:

ABSENT: Councilmembers:

ABSTAIN: C ouncilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk

ATTACHMENT A
ITEM 8
ITEM 8
1 Top Dog Police K9
Training and Consulting, LLC
3805 Wesson Ranch Rd.0
Modesto, CA 95356
209-596-4336
[email protected]
www.topdogpolicek9.com

City of Ceres
Monthly Dual Maintenance Training Agreement

This training agreement is made and entered into by and between the City of Ceres, a municipal corporation, through its Ceres Police Department, and Top Dog Police K9 Training and Consulting, LLC.

RECITALS

A. Whereas the Ceres Police Department is in need of monthly maintenance training services,

B. Whereas Ceres Police Department solicited Top Dog Police K9 Training and Consulting, LLC, and

C. Whereas staff selected Top Dog Police K9 Training and Consulting, LLC to conduct the training,

NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. SC
OPE OF SERVICES.

• Top Dog Police K9 Training and Consulting, LLC will provide the City of Ceres with monthly maintenance training for dual purpose police canines. The training program will meet and exceed California P.O.S.T. voluntary guidelines. The g uidelines below will be followed:

1. Safety procedures

2. K9 First aid

3. Working obedience

4. Tracking

5. Search techniques

6. Officer protection

7. Call off/Call out

Ron Cloward,
Lt. Retired and
K9 Pele

ATTACHMENT B
ITEM 8
2 8. Narcotic detection

9. Person detection

10. Controlled aggression and Bite work

11. Preparation of K9 records and reports

12. Problem solving/Decision making

13. Scenario-based training

14. Other training and services as needed and mutually agreed upon by both parties

• Top Dog Police K9 Training and Consulting, LLC will provide t he City of Ceres with a block of the instruction/training outlined above; providing a minimum of sixteen (16) hours of canine maintenance training per month for two years. It is the responsibility of the City of Ceres to have their personnel present during the scheduled blocks of instruction/training.

• The services shall be performed by, or under the direct supervision of, Top Dog Police K9 Training and Consulting, LLC or its authorized representative:

2. T
IME OF PERFORMANCE . Time is of the essence in the performance of services under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Top Dog Police K9 Training and Consulting, LLC shall commence performance, and shall complete all required services no later than the dates set forth in this agreement. Any services for which times for performance are not specified in this Agreement shall be commenced and completed by Top Dog Police K9 Training and Consulting, LLC in a reasonably prompt and timely manner based upon the circumstances and direction communicated to Top Dog Police K9 Training and Consulting, LLC by the City of Ceres.

3. I
NDEPENDENT CONTRACTOR STATUS . Top Dog Police K9 Training and Consulting, LLC is an independent contractor and is solely responsible for all acts of its employees or agents, including any negligent acts or omissions.

Top Dog Police K9 Training and Consulting, LLC is not the City of Ceres ’s employee and Top Dog Police K9 Training and Consulting, LLC shall have no authority, express or implied, to act on behalf of the City of Ceres as an agent, or to bind the City of Ceres to any obligation whatsoever, unless the City of Ceres provides prior written authorization to Top Dog Police K9 Training and Consulting, LLC . Top Dog Police K9 Training and Consulting, LLC is free to work for other entities while under contract with the City of Ceres. Top Dog Police K9 Training and Consulting, LLC and its agents or employees are not entitled to City of Ceres benefits.

ITEM 8
3 4. COMPENSATION.

For services performed by TOP DOG POLICE K9 TRAINING AND CONSULTING, LLC in accordance with this Agreement, the CERES POLICE DEPARTMENT shall pay TOP DOG POLICE K9 TRAINING AND
CONSULTING, LLC:

A. We offer our training for a sixteen (16) hour monthly service contract for $225.00 per canine team through 2024.

B. Effective 1/1/2025 our rates will increase to $240.00 per canine team.

C. Effective 1/1/2026 our rates will increase to $250.00 per canine team.

Our rates guarantee the trainer to have more than ten (10) years of K9 handling and training experience and to have worked more than one (1) police K9 themselves.

• In addition, the City of Ceres will reimburse Top Dog Police K9 Training and Consulting, LLC the cost of the required annual City of Ceres business license if required by the City.

• Top Dog Police K9 Training and Consulting, LLC shall su bmit monthly invoices to the C ity describing the services performed, including times and dates for services provided in the prior month.

• If Top Dog Police K9 Training and Consulting, LLC is unable to be present for the scheduled training, the City of Ceres will not be held responsible for payment for the day absent. It is the responsibility of the City of Ceres to have their personnel present during the scheduled blocks of instruction/training. If a contracted K9 team is absent from training, the previously agreed fee is still due and payable. However, the City shall not be responsible for the agreed fee if Top Dog Police K9 Training and Consulting, LLC is notified at least 24 hours prior to the scheduled training. If the K9 is injured and cannot participate in the training, in which case, the fee will be based on the training conducted up to the time of injury and training will continue when said canine has recovered from injury. If the canine is unable to return, the City of Ceres agrees to pay for services rendered to the point of injury.

• Within thirty (30) days after the C ity’s receipt of invoice, the City of Ceres shall make payment to Top Dog Police K9 Training and Consulting, LLC based upon the services described on the invoice and approved by the City of Ceres.

ITEM 8
4 5. TERM OF AGREEMENT. The terms of this agreement shall be as follows:

• Start date: December 1, 2023
• End date: November 30, 2026

The City of Ceres shall pay Top Dog Police K9 Training and Consulting, L LC for all services satisfactorily performed in accordance with this Agreement, through the end date.

6. O
WNERSHIP OF WO RK. All original documents prepared by Top Dog Police K9 Training and Consulting, LLC for this Agreement, whether complete or in progress, are the property of the City of Ceres , and shall be given to the City at the completion of Top Dog Police K9 Training and Consulting, LLC services, or upon demand from the C ity. No such documents shall be revealed or made available by To p Dog Police K9 Training and C onsulting, LLC to any third party without the prior written consent of the City of Ceres.

7. AT
TORNEY’ S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

8. I
NDEMNIFICATION. Top Dog Police K9 Training and Consulting, LLC shall indemnify, defend, and hold harmless the City of Ceres and its elected officials, officers, agents, volunteers, and employees from and against any and all claims, demands, damages, liabilities, costs, and expenses (including court costs and attorney’s fees) result ing from or arising out of Top Dog Police K9 Training and Consulting, LLC performance of services under this Agreement.

9. BUS
INESS LICENSE . Prior to the commencement of any work under this Agreement, Top Dog Police K9 Training and Consulting, LLC will o btain a City of Ceres Business License(s), if required.

10. NO
TICES . All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the respective party as follows:

Cit
y of Ceres Police Top Dog Police K9 Training and Consulting, LLC 2727 3rd St. 3805 Wesson Ranch Rd.

Ceres, CA 95307 Modesto, CA 95356

ITEM 8
5 11. INSURANCE.
• General. Top Dog Police K9 Training and Consulting, LLC shall, throughout the duration of this Agreement, maintain insurance to cover Top Dog Police K9 Training and Consulting, LLC, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

• Commercial General Liability “Per occurrence” coverage shall be maintained in an amount not less than $2,000,000 general aggregate and $1,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

• Automobile Liability “Claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

• Workers’ Compensation coverage shall be maintained as required by the State of California.

• General Liability “Claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of TOP DOG POLICE K9 TRAINING AND CONSULTING, LLC in an
amount not less than $300,000 per claim.

• Endorsements. TOP DOG POLICE K9 TRAINING AND CONSULTING, LLC shall obtain endorsements if desired by the CITY to the automobile and commercial general liability with the following provisions: The CITY (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”

• For any claims related to this Agreement, Top Dog Police K9 Training and Consulting, LLC’s coverage shall be primary insurance with respect to the City of Ceres. Any insurance maintained by the City shall be excess of the Top Dog Police K9 Training and Consulting, LLC’s insurance and shall not contribute with it.

12. M
ODIFICATION S. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

13. W AIVERS . Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

ITEM 8
6 14. SEVERABILITY. In the event any term of this Agreement is held invalid by a court of competent jurisdiction or if it is found to be in contravention o f any federal or state statute or regulation or C ity ordinance, the Agreement shall be construed as not containing that portion or ter m, and the remainder of this Agreement shall remain in full force and effect.

15. J URISDICTION AND VENUE . The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, cl aim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.

16. E NTIRE AGREEMENT . This Agreement comprises the entire integrated understanding between the parties concerning the services to be performed for this project. This Agreement supersedes all prior negotiations, representations, or agreements.

17. CO
MPLIANCE WITH THE LAW . Top Dog Police K9 Training and Consulting, LLC shall comply with all local, state, and f ederal laws, whether or not said laws are expressly stated in this Agreement.

T
his area intentionally left blank

ITEM 8
7 18. S IGNATURES . The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Top Dog Police K9 Training and Consulting, LLC and the City of Ceres. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

I
N WITNESS WHEREOF the parties do hereby agree to the ful l performance of the terms set forth herein.

City of Ceres Top Dog Police K9 Training and Consulting, LLC

By:________________________
By: Ronald Cloward
Douglas D. Dunford

Title: I
nterim City Manager T itle: Owner/Trainer

Date: ___________________ D ate: _11/3/2023________

Fed. Employer ID No. 83-1941233
By: _______________________
Nubia Goldstein

Title: City Attorney

Date: ______________________
Attest:

By:_______________________
Fallon Martin

Title: City Clerk

Date: _____________________

ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: December 11, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Richard Collins, Chief of Police
[email protected], 209-538-5725
SUBJECT: Resolution No. 2023-XXX, Authorizing the Purchase of a Bonander Dump Trailer for the City of Ceres Code Enforcement Division RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council authorize the purchase of a Bonander Dump Trailer for Ceres Code Enforcement.

I. BACKGROUND:

Ceres Code Enforcement has been utilizing a 20 06 dump trailer (CA License number 4JR4767) for transporting trash and other large items that were illegally discard ed within the City of Ceres. The trailer has also been used to pick up and dispose of large illegal camping areas that have large amounts of trash and debris. In addition, the trailer has also been utilized by other departments in the city to move large items, especially if those items needed to be disposed of.

On October 25, 2023, the 2006 dump trailer was stolen from a secure City of Ceres fenced and gated facility. The trailer has been reported stolen but has not been located (Ceres Police Report Number 0223005414).

II. REASONS FOR RECOMMENDATION:

With the theft of the 2006 dump trailer, Code Enforcement does not have access to the necessary equipment for the removal of large illegal dumps and debris left at abandon ed illegal camp sites.

III. FISCAL IMPACTS:

The total cost to replace the stolen dump trailer is $16, 897.91. The cost of this purchase will be taken from two sources, which currently have money budgeted for this type of expenditure:

ITEM 9
• $10,000.00 from 61020.051100 – Equipment: Automotive Equipment. • $ 6,897.91 from 10013.051300 – Code Enforcement: Automotive Accessories.

Three (3) quotes are attached. We will be purchasing the least expensive dump trailer.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This purchase is in relation to the Government Operations section of the Strategic Plan to “Provide quality services to meet community needs, assuring that the City has helpful, well- trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services.”
V. POLICY ALTERNATIVES:

Should Council decide not to approve this purchase, Code Enforcement will have to operate without the ability to dispose of a substantial amount of large trash items and will have to make multiple trips to the refuse facility using only their trucks.

VI. INTERDEPARTMENTAL COORDINATION:

NA
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, Staff will move forward with the purchase of the Bonander Dump Trailer.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A - Resolution

2. Attachment B - Quotes (3)
ITEM 9

RESOLUTION NO. 2023-XXX

AUTHORIZING THE PURCHASE OF A BONANDER DUMP TRAILER FOR

THE CITY OF CERES CODE ENFORCEMENT DIVISION

THE CITY COUNCIL
City of Ceres

WHEREAS, Ceres Code Enforcement has been utilizing a 2006 Dump Trailer for transporting trash and other large items t hat were illegally discarded within the city limits; and

WHEREAS, the 2006 Dump Trailer was stolen from a secure facility on October 25, 2023 and has not been recovered; and

WHEREAS, there is available funding to purchase a new Dump Trailer from Fleet’s Automotive Equipment fund and Code Enforcem ent’s Automotive Accessories fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the C ity of Ceres does authorize the purchase of a B onander Dump Trailer for the City of Ceres Code Enforcement Division.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11th day of December 2023, by the following vote:

AYES: Councilmembers:

NOES: C ouncilmembers:

ABSENT: Councilmembers:

ABSTAIN: C ouncilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk

ATTACHMENT A
ITEM 9
ITEM 9
Dale 1012712023
For: Citv of Ceres
Bonander Trailer
4/lol Golden Etate BlYd
Tudock GA 95380
2O9.668.33rtO bonandertrailer.com
Atten:

Addresr 3420 Harold St. Ceres CA 95307
Phones (209)538-5796 E-Mail: [email protected]
Type __*Dum,p_Model DM
Mls.-u-width 83'
teng r Ti-
Trailet Proposal & Specitications
Color Black
Deck Material -----EGEf-
Axle Ouantity
Axle Size
Stock#
vlN#
Mfg. GVWR
Approx. Curb Weight
Approx. Payload
1419.9K lbs.
4000 lbs.
11000 lbs.Axle WBrakes
7,000
2 ElectricBrake
Accepted By: Bonander Trailer b'
New PJ 7x14x4 DM dump trailer
6 sDare tire and wheel included
Total Of Options:

Total Base & Options:

Freight
Misc.

Trailer Subtotal
Doc Fee
DNiIV Fee:

CA. Tire Fee:

Delivery

TOTAL AMOUNT
estimates only and cannot be guaranleed by Bonander Trailet Sales.

Deposits are non relundabte. Any modillcations lo this proposal must b in $ 16,897.91 Keith Mello
Signature: Date:raEe I Signature: Keith Mello
Attachment B
Quote #1
ITEM 9
Date 10/27 t2023
For: City ol Ceres
Featherlite of Bakersfield
1130James Rd. aakerstield CA 93308
16611322-3222
Atlen:

Addre$ Ceres CA
Phones: E-Mail:

New PJ DM Oump lrailer
Tolal Of Options:

Total Base & Oplons:

Freight
Misc.

Trailer Subtotal
Doc Fee

8.38%
DIVIV Fee:

CA. Tke Fee:

Labor
Delivery

TOTAL AMOUNT
$ 18,034.91
$ 18,034.91
estlmates only anal cannot be guenntaecl by sonandet TniLr Sales.

Ibposits arc non rclundeua. Any modilications to lhls Prop$al must be ln Length
Sionalure: Date: Slqnature: Steven Armas
Type Dump
ilodel OM
14 Color
Deck Materlal
Axle Ouantlty
Axlo Size
Axle dBrakes
Mfq
width
Length
Helqht
Tnilet Prcposal & Specllications
Black stock# _______9p99i11_vtN#_
Mlg. GVWR
Approx. Curb weight
Approx. Payload l1k lbs.

Bonander Trailer b' Steven Armas
Brake
Accepted By:

Quote #2
ITEM 9
Date 1012712023
Merced Truck Trailer
659 N Martin Luther King Jr Or Merced CA 95348
(209)722-9500
mercedtruckandtrailer.com
E-Mail:

Steel
Total Of Options:

Total Base & Options:

Freight
Misc.

Trailer Subtotal
Doc Fee
DMV Fee:

CA. Tire Fee:

TOTAL AMOUNT $ 18,576.79
estimates only and cannot be guaran,eed by Bonander Trailet Sales.

Wosits arc non rcfunctable. Any moclilications to this proposal must be in Accepted By: Bonander Trailer b'\lberto Armendariz
Signature, Date,rr ri.

For: Ceres
Color
Deck Material
Axle Ouantlty
Axle Size
Axle WBrakes
Stock#
vtN#
Mfg. GVWR
Approx. Curb Weight lbs'
ADDrox. Pavload lbs.Approx. Payload
Quote #3
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

Resolution No. 2023-XXX, Approving the Extension of a Contract for Graffiti Removal Services with Affordable Custom Painting for a Term of Two (2) Years at a Rate of $68.00 Per Hour , Not to Exceed $50,000.00 Annually without Prior Council Approval , and Authorizing the Interim City Manager to Execute the Contract RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council adopt the resolution approving extending a contract for graffiti removal services with Affordable Custom Painting for a term of two (2) years at a rate of $68.00 per hour, not to exceed $50,000.00 annually without prior Council approval and authorizing the City Manager to execute the contract.

I. BACKGRO
UND:

Af
fordable Custom Painting (ACP) has provided the City with graffiti removal services since 2004. The work performed by ACP consists of performing graffiti removal from public and private property. The graffiti removal is administered through the Code Enforcement Division of the Police Department.

The c
ontractor furnishes, at their own expense, all labor, equipment, and materials necessary for the satisfactory performance of graffiti removal work, with the exception of the City approved paint colors.

II. REAS
ONS FOR RECOMMENDATION:

St
aff has found the work of ACP to be acceptable and has no reservations about continuing to contract with this company.

Wi
th the help of ACP, the City has been proactive in finding graffiti and having it removed before it is officially reported. When it is reported, the City tries to have it removed within ITEM 10
24 hours of the initial report. Since contracting with ACP, the contractor has demonstrated the ability to meet this 24-hour time frame.

III. FISCAL IMPACTS:

The hourly contract amount submitted by ACP is $68.00 per hour. The expected annual cost for this contract is $50,000.00 and shall not exceed this amount without prior Council approval. The funds have been budgeted in 10013.029900 and 10040.029900.

IV. EXISTING POLICY:

This contract is in relation to the Strategic Plan to “Create a vibrant, safe, attractive and walkable community that maintains a small-town feel, with parks, trails, shopping, entertainment and other desirable amenities.”

V. POLICY ALTERNATIVES:

Council could choose to not approve the contract with ACP and direct staff to conduct a Request for Proposal from other companies. During the process, graffiti removal in the City would cease.

VI. INTERDEPARTMENTAL COOPERATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the City Manager will execute the contract with Affordable Custom Painting and the program will continue to be administered through the Code Enforcement Division.

Approved by:_____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A - Resolution

2. Attachment B - Contract
ITEM 10

RESOLUTION NO. 2023-XXX

APPROVING THE EXTENSION OF A CONTRACT FOR GRAFFITI REMOVAL SERVICES WITH AFFORDABLE CUSTOM PAINTING FOR A TERM OF TWO (2) YEARS AT A RATE OF $68.00 PER HOUR, NOT TO EXCEED $50,000.00

ANNUALLY WITHOUT PRIOR COUNCIL APPROVAL, AND AUTHORIZING THE

INTERIM CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Ceres City Council desires to remove blight caused by graffiti ; and,

WHEREAS, Affordable Custom Painting has held the Graffiti Removal contract since 2004 and has proved themselves to be competent; and,

WHEREAS, the funds are budgeted in the FY 2023- 24 budget : Account 10013.029900 and 10040.029900.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the C ity of Ceres does hereby approve the extension of a contract for graffiti removal service with Affordable Custom Painting for a term of two (2) years at a rate of $68.00 per hour, not to exceed $50,000.00 annuall y with out prior Council approval , and authorizing the Interim City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11
th day of December 2023, by the following vote:

AYES: Councilmembers:

NOES: C ouncilmembers:

ABSENT: Councilmembers:

ABSTAIN: C ouncilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk

ATTACHMENT A
ITEM 10
ITEM 10

AGREEMENT
FOR

GRAFFITI REMOVAL SERVICES
THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this l't day of December, 2023, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Troy Slaybaugh dba.

Affordable Custom Painting, hereinafter referred to as "CONTRACTOR".

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

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

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

3. LICENSED CONTRACTOR
CONTRACTOR warrants that it is a duly licensed contractor under the laws of the State of California and shall provide proof thereof to the CITY.

4. FAMILIARITY WITH WORI(
By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (a) has thoroughly investigated and considered the scope of services to be performed; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement

ATTACHMENT B
ITEM 10
of services hereunder. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR'S risk until written instructions are received from the Contract Officer.

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

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is firstgiven by the Contract Officer to the CONTRACTOR, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of five percent (5%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by the CITY Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Work or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation therefore.

7. TERM OFAGREEMENT
This Agreement shall be effective upon execution by both parties and will continue in effect for a period of two (2) years from the date the agreement commences, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement. The term of this Agreement may be extended at the option of the CITY for an additional period of one additional year under the same terms and conditions. The CITY shall give written notice to the CONTRACTOR of its intention to exercise this option at least sixty (60) days prior to the expiration of the initial two (2) year term of this Agreement.
2 ITEM 10
The continuation of this Agreement for the initial term or the additional term shall be subject to the appropriation by the Ceres City Council of sufficient funds in its annual budget to cover the cost of the services required by this Agreement.

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

9. COMPENSATION/PAYMENT
For the graffiti removal services specified in Exhibit "A", Scope of Services/Specifications, CONTRACTOR shall be paid at the rate of $68.00 per hour with a two (2) hour minimum charge for services rendered at the specific request of the CITY at hours other than the normal work times. (i.e.

Monday through Friday from 8:00 a.m. to 5:00 p.m.) Compensation shall not exceed $50,000.00 without prior City Council approval.

CONTRACTOR shall submit invoices for services rendered under this Agreement on every other Friday to the CITY'S Code Enforcement Officer. If all proper documentation has been provided as required by this Agreement, the CITY will remit payment to the CONTRACTOR within thirty (30) business days after receipt of said invoices.

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

11. SCHEDULE OF PERFORMAI\CE
CONTRACTOR shall promptly respond to graffiti referrals and requests for graffiti removal and abate the graffrti within forty-eight (48) hours of notice, unless instructed by Code Enforcement to remove the graffiti immediately due to the nature of the graffiti.

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

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

14. CONTRACT OFFICER
The Contract Officer for the CITY for the services performed under this Agreement shall be the CITY'S Code Enforcement Officer, or such person as may be designated by the City Manager of the CITY. It shall be the CONTRACTOR'S responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the construction services and the CONTRACTOR shall refer any decisions, which must be made by CITY to the Contract Officer.

Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of this Agreement.

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

Until a change order is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services, and CONTRACTOR shall not be required to perform any such additional services.
4 ITEM 10

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

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

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

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

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

As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. 5 ITEM 10

17. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (l) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (retum receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing. FOR CONTRACTOR: Name: Affordable Custom Painting
Address: 2654F,. Taylor Rd.

Ceres, CA 95307
Attention: Troy Slaybaugh
Phone:

FOR CITY: CITY of Ceres
2220Magnolia St.

Ceres, CA 95307
Code Enforcement Offi cer
209-s38-s799

18. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit "B", with proof of coverage provided to the CITY in the form of a valid current Certificate of Insurance.

19. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any ofthe following events occur: (1) bankruptcy or insolvency of CONTRACTOR; (2) legal dissolution of CONTRACTOR; or (3) a determination by the City Council not to appropriate sufficient funds in its annual budget to pay for the cost of the services required by this Agreement.

Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties; failure to maintain professional standards; failure to meet requests for service time requirements as stated in Paragraph I I "Schedule of Performance" of this Agreement; abandonment of the project; provision of defective products or services; willful destruction of CITY'S property by CONTRACTOR; dishonesty or theft.

Name:

Address:

Attention:

Phone:
6 ITEM 10
Termination by CONTRACTOR for Default of CITY
Should CITY default in the perforrnance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include butnot be limited to any of the following: failure to pay CONTRACTOR as provided herein, willful destruction of CONTRACTOR'S property by CITY, dishonesty or theft.

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

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

In the Event of Termination
lf this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors and agents are notified of such termination and cease their work. lf CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR'S work on the project. lf the Agreement is terminated pursuant to any of the subsections contained in this paragraph, except where termination results from CONTRACTOR'S default, CITY will pay CONTRACTOR for all work satisfactorily completed on the termination date, as determined by CITY in its sole discretion. lf the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONTRACTOR, CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

In addition, CITY may elect to have any uncompleted work or unsatisfactory work completed by a third party selected by CITY; and, if the cost incurred by the CITY exceeds the Contract price as provided in this Agreement the CITY may recover from the CONTRACTOR such additional costs and expenses, including any attorney fees or legal costs reasonably incurred to 7 ITEM 10
collect said costs and expenses, including the cost of any expert witnesses necessary to present the CITY'S case in any litigation associated with legal proceedings to collect such costs and expenses.

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

CONTRACTOR'S obligation to defend, indemnifu, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance. 2I. RETENTION OF FUNDS
CONTRACTOR hereby authorizes CITY to deduct from any amount payable to CONTRACTOR (whether or nor arising out of this Agreement): (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY; and, (ii) all amounts for which CITY may be liable to third parties, by reason of CONTRACTOR'S acts or omissions in performing or failing to perform CONTRACTOR'S obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by CONTRACTOR, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim.

The failure of CITY to exercise such right to deduct or to withhold shall not, however, affect the obligations of the CONTRACTOR to insure, indemniff, and protect CITY as elsewhere provided herein.

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

23. PARTIAL INVALIDITY
ITEM 10
lf any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

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

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

26. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, or age.

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

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

29. ATTORNEYS'FEES
lf either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys'fees. Attorneys'fees shall include attorneys'fees on any appeal, and in addition aparty entitled to attorneys' fees shall be entitled to all other I
ITEM 10
reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

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

Dated: 2023
CITY OF CERES, a municipal corporation
Douglas D. Dunford, Interim City Manager
Nubia Goldstein, City Attorney
ATTEST:

City Clerk
Reso No. 2023-_._-.-..______- I I/I3/23
Dated: /k/'/ ,ron
s904s8
CONTRACTOR'S Federal ID#:
10 ITEM 10

EXHIBIT A

SCOPE OF'WORK
Graffiti Removal Service:

A. CONTRACTOR shall fumish at its own expense, all labor, equipment, and materials necessary for the satisfactory performance of graffiti removal work set forth herein, except paint. All paint and paint colors will be provided by the CITY.

B. CONTRACTOR shall inspect all graffiti referral and requests and secure written permission of the responsible person prior to the removal of graffiti on private property. Methods of removal may include sand blasting, pressure washing or other pressurized removal systems, the use of hazardous chemicals, matching of existing painted surfaces, or other eradication procedures as approved by the City.

C. CONTRACTOR shall remove graffiti from public property. For the purpose of this contract, "public property" is defined as all buildings and structures owned by the City of Ceres, andall sound walls located within or adjacent to public right of way. The CITY will require that colors used to paint out graffiti on "public property" must be approved by the CITY, and the CITY agrees that it will provide and pay for the cost of such paint.

D. CONTRACTOR shall determine the most effective method of graffiti removal at each prescribed location. The method(s) of removal shall vary depending upon the method used toapply the graffiti or the condition of the surface on which the graffiti is applied. Unless otherwise requested, CONTRACTOR shall use the City approved colors and recycled paint to match the surface as closely as possible. All painted surfaces must be squared-off.

E. With regard to private property, if the owner does not provide matching paint, the CONTRACTOR shall use his best effort to paint out the graffiti with the color provided by the CITY that is most compatible with the existing structure.

F. CONTRACTOR shall be responsible for removal of graffiti from U.S. Postalproperty, including but not limited to, mailboxes and mail bins, using the proper chemicals. CONTRACTOR shall not paint over graffiti on mailboxes or mail bins.

G. CONTRACTOR shall notpaintover orremove graffiti from any AT&T utility boxesin the City. CONTRACTOR must notiff Code Enforcement and they will notiff the responsible persons for clean-up.
11 ITEM 10
(Exhibit A-pS. 2)
Materials and Equipment:

A. CONTRACTOR shall properly prepare all stucco, masonry, metal, wood, or other exterior surfaces in a manner that will result in an acceptable bonding of the applied paint and eliminate the visibility of the graffiti.

B. CONTRACTOR shall provide any and all equipment as may be necessary to perform graffitiremoval, which shall include but not be limited to:
l. A pressure washer with a minimum of 3,000 lbs. or better capability.

2. An airless sprayer with a minimum of 400 ft. of hose.

3. A sandblaster and the knowledge of the proper methods of use.

4. Traffic safety cones and knowledge of proper cone patterns.

5. A vehicle(s) equipped with safety and directional lights.

6. Color rack and be able to hand-match colors effectively.

7. Personal safety equipment such as respirators, gloves, safety glasses,protective clothing, etc.

C. CONTRACTOR shall provide the necessary equipment used for the taking, processing, saving and transferring of electronic photographs to be used as evidence, which equipment shall include, but not be limited to the following:

A digital camera with a memory card of no less than lG.

A computer, either personal or lap top.

An SSD (Memory Stick) with aminimum of lG of memory.

D. CONTRACTOR shall provide all required chemicals, sand, rags, WD-40, paint roller covers and frames, paint poles, etc. at their own expense.

E. As lead-based paint has been determined dangerous or detrimental to health, CONTRCTOR shallnot use lead-based products in any area in the City.

F. All work performed on public and private property shall be cleaned of all debris, residue, or excess paint.

G. Performance of this contract shall not include matching the existing paint to surfaces on private property. CONTRACTOR may agree with a private property owner to remove graffiti by matching the existing paint at owner's expense.

Schedulin g of Work/Documentation:

A. The Ceres Code Enforcement Division shall utilize the existing Graffiti Hotline and retrieve messages indicating the locations of, graffiti within the City of Ceres as well as requests from other sources within the City. CONTRACTOR shall on a daily basis, between thehours of 8:00 a.m. and 9:00 a.m., excluding weekends and holidays, check in with the Ceres Code Enforcement Division office for written referrals and requests compiled by the Code Enforcement Officer identifring locations requiring the removal of graffiti.
t.

2. 3.
12 ITEM 10
(Exhibit A -pS. 3)
B. CONTRACTOR shall promptly respond to graffiti referrals and requests for graffiti removal and abate the graffiti within forty-eight (48) hours of receipt, unless instructed by CodeEnforcement to remove the graffiti immediately due to the nature and content of the graffiti.

C. CONTRACTOR shall be available to perform services under this Agreement Mondaythrough Friday between the hours of 8:00 a.m. and 5:00 p.m.

D. CONTRACTOR must obtain all of the necessary materials and equipment used for graffiti abatement on its own time, this includes paint which is paid for by the City, and may not bill the City for the time required to do so for any reason.

E. CONTRACTOR will be required to respond on a "Call Out" basis on weekends and/or after hours, for special circumstances only.

F. CONTRACTOR will submit graffiti photos on a daily basis identified by location, date and type of graffiti.

G. CONTRACTOR shall possess a cellular telephone. Any voice mail message left by CITY personnel for CONTRACTOR shall be returned promptly, but no later than one hour after message isleft by CITY.

Ri ght of Entry/Contractor Assistance :

A. CONTRACTOR shall obtain a signed RIGHT OF ENTRY form from the resident, business owner, lessee, property owner, or authorized agent, prior to performing any work on private property.

Such forms will be provided by the CITY.

B. Ifthe person responsible for the property is not present or there is nobody present at the property atthetimeofinspection,theCONTRACTOR shallleavea blank RIGHT OFENTRY formattheproperty with either a resident or by securing it to the property and then photographing the form.

C. If the CONTRACTOR receives a signed RIGHT OF ENTRY form, CONTRACTOR must deliver the signed form to the Code Enforcement Office no later than the next business day. 13 ITEM 10
(Exhibit A -pS. 4)
D. If the CONTRACTOR fails to obtain a signed RIGHT OF ENTRY form allowing the City of Ceres to remove the graffiti from the property, due to the property owner stating they will remove thegraffiti themselves, the CONTRACTOR shall either have the responsible party indicate such on the RIGHT OF ENTRY form and sign it, or if they refuse to sign iL fill in the form themselves and underthe signature line indicate "refused to sign".

E. If the CONTRACTOR leaves a RIGHT OF ENTRY form at a private property site, CONTRACTOR must inform the Code Enforcement Division of that fact. After seventy-two (72) hours, the Code Enforcement Division will fill out a request for a re-inspection of the property. If the CONTRACTOR inspects the property and the graffiti has not been removed, CONTRACTOR shall complete the request form appropriately and inform the Code Enforcement Division of its findings so Code Enforcement can draft a Notice of Violation to be served the following business day by the CONTRACTOR.

Public Relations:

A. CONTRACTOR shall at all times conduct its services with the utmost courtesy to the public.

All employees of CONTRACTOR shall wear clean clothing in the performance of their duties and equipment shall be clean and maintained in a safe operating matter. All equipment shall be subject to inspection by the Code Enforcement Officer or his/her designee.

Dailv Statement Required:

As a prerequisite to payment, CONTRACTOR shall submit a statement regarding all graffrti referrals and request forms, as well as any self-initiated forms, daily to the Code Enforcement Division office,which statement shall include the following information:

1. The date and time the referral was made, the manner in which the referral was given, and the address/location where the graffiti was located.

2. The owner of the property, the property vandalized, and what the graffiti monikers were.

3. The method of removal and the materials used for the removal.

4. The total amount of time spent at location and the date and time work was completed.

5. A completed RIGHT OF ENTRY form for all work completed on private property. 14 ITEM 10

EXHIBIT B

TNSURANCE REQUTREMENTS FOR CONTRACTORS
(Without Construction Risks)
CONTRACTOR shall procure and maintain forthe duration of the contract insurance against claimsfor injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representatives, employees or subcontractors.

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

1. Insurance Services Office (ISO) Commercial General Liability coverage (occurrence For cG 0o o1).

2. Insurance Services Office (ISO) Form Number CA 00 0l covering Automobile Liability, Code 1 (any auto).

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

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

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

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

3. Employer's Liability:
$1,000,000 per accident for bodily injury or disease.

4. Workers' Compensation: as required by the State of California If the CONTRACTOR maintains higher limits than the minimums shown above, the entityshall be entitled to coverage at the higher limits maintained by the contractors. 15 ITEM 10
(ExhibitB- page2)
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The general
l.
liability policy is to contain, or be endorsed to contain, the following provisions:

The entity, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf ofthe Contractor including materials , pffis or equipment fumished in connection with such work or operations. General liability coverage can be provided with two endorsement forms: l) in the form of an additional insured endorsement to the Contractor's insurance, or as a separate owner's policy (CG 20 l0 I I 85 or its equivalent language) and 2) a CG 20 27 37 l0 01 endorsement form or its equivalent language. A later edition of the CG 20 10 form along with the CG 20 37 coverage form will give some protection to the entity for specific locations.

For any claims related to this project, the CONTRACTOR'S insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees and volunteers.

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

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

Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnifi, the additional insured would be invalid under Subdivision (b) of Section2782 of the Civil Code.

2. J.

4. 16
ITEM 10
(Exhibit B- page 3)
Waiver of Subrogation
Contractor hereby agrces to waive subrogation which any insurer of CONTRACTOR mayAcquire from CONTRACTOR by virlue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

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

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

VeriJic atio n of C ov erage
CONTRACTOR shall fumish the Entity with original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate as a waiver of these insurance requirements. The entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors
CONTRACTOR shall include all subcontractors as insures under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all requirements stated herein
17 ITEM 10
ITEM 10

COUNCIL AGENDA REPORT

Resolution No. 2023-XXX, Authorizing the Interim City Manager to Execute a Construction Contract for the Improvement of the Don Pedro Park Trail with George Reed, Inc. and Authorizing a Budget Amendment to Allocate the Approved ARPA Funds for the Project RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council authorize the Interim City Manager to execute a construction contract for the Don Pedro Park Trail with George Reed, Inc. in the amount of $68,700.00, with an eight percent ( 8%) contingency in the amount of $ 5,500.00 and authorize a budget amendment to allocate previously approved ARPA funds for the project.

I. BACKGROUND:

In March of 2022, City council approved the use of ARPA funds in the amount of $75,000.00 to complete walking trails for three neighborhood parks: Strawberry Park, Don Pedro Park, and Riverview Park . Currently the three parks are missing one walking trail section each. The addition of these trail segments will provide each park with a complete walking path that connects from one side of the park to the opposite side.

On April 2023, the City Finance Director presented Council with updates on the first round of ARPA expenditures and projects status. Council was informed that the $75,000.00 that was approved for the walking trail project was insufficient to complete all three parks.

Council then directed staff to provide the total cost of the project for Council to revisit at a future date.

Staff informed Council at the September 1, 2023, meeting that the total construction costs to improve the walking trails on all three city parks is estimated at $254,500.00. To move this project forward with the current project improvement specifications, an additional $179,500.00 would need to be budgeted to complete all three locations.

ITEM 11
In order to proceed with the project without reducing the scope of work, staff recommends limiting the project to Don Pedro Park at this time, since the $75,000.00 budgeted is sufficient to cover the expenses for this specific location.

II.

REASONS FOR RECOMMENDATION:

Bids were requested for the Don Pedro Park walking trail improvements on October 17, 2023. Of the three (3) bids received, George Reed, Inc. submitted the lowest, responsive, and responsible bid in the amount of $68, 700.00. An eight percent (8%) contingency is required for unforeseen construction cost of $ 5,500.00 which brings the project construction total amount to $74,200.00. A bid summary is also attached hereto as attachment B.

III. F ISCAL IMPACTS :

Funding for the walking trails for three neighborhood parks: Strawberry Park, Don Pedro Park, and Riverview Park has been approved in the first round of ARPA allocations in account 219.95.800500 for an amount of $75,000.00. The budgeted amount is sufficient to cover the expenses for Don Pedro Park improvement only. A budget amendment is required to allocate the funds and is attached hereto; no other amendments are necessary.

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

This would help accomplish the Livable Community section of the Strategic Plan, to “Create a vibrant, safe, attractive and walkable community that maintains a small-town feel, with parks, trails, shopping, entertainment and other desirable amenities.” V. P
OLICY ALTERNATIVES :

Should Council decide not to proceed with the project, a section of the walking trail path around the park will remain incomplete, and the park project will be put on complete hold until sufficient funding is available.

VI. I NTERDEPARTMENTAL COORDINATION:

N/A
VII. P UBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

This project is a CEQA Categorical Exemption as per Section 15301(c) Existing Facilities.

IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the Interim City Manager will proceed with executing the contract with George Reed, Inc. and the Finance Director shall make the necessary accounting entries.

ITEM 11

Approved by: ___________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Bid Summary

4. Attachment D – Contract Agreement

ITEM 11
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2023-XXX

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A

CONSTRUCTION CONTRACT FOR THE IMPROVEMENT OF DON PEDRO
PARK TRAIL WITH GEORGE REED, INC. AND AUTHORIZING A BUDGET

AMENDMENT TO ALLOCATE THE APPROVED ARPA FUNDS FOR THE

PROJECT

THE CITY COUNCIL
City of Ceres

WHEREAS, in March 2022, City Council approved the use of ARPA funds in the amount of $75,000 for trail improvements at Strawberry, Don Pedro, and Riverview Parks; and

WHEREAS, in September 2023, total construction costs to improve the trails on all three parks was estimated at $254,500.00; and

WHEREAS, in order to proceed with the project without reducing the scope of work, staff recommends limiting the project to Don Pedro Park; and

WHEREAS, bids were requested for Don Pedro Park walking trail improvements in October 2023 and staff recommends executing a contract agreement with George Reed, Inc. who was the lowest, responsive, and responsible bidder at $68,700.00; and

WHEREAS, an eight percent contingency is required for unseen construction costs of $5,500.00 for a total project cost of $74,200.00; and

WHEREAS, upon approval, a budget amendment is required to allocate the budgeted funds.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the Interim City Manager to execute a construction contract for the improvement of Don Pedro Park trail with George Reed, Inc. and authorizes a budget amendment to allocate approved ARPA funds for the project.

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 11
th day of December 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2023-XXX, dated December 11, 2023 authorizing appropriations for Don Pedro Park - Walking Trail Improvement project

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Capital Projects (ARPA) 219 95 800500 $75,000.00

Requested Appropriation $75,000.00
2023 - 2024 Current Appropriation $0.00
Total Appropriation $75,000.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue $0.00
2023 - 2024 Current Estimated Revenue $0.00
Total Estimated Revenue $0.00

Fiscal Impact:

N/A
ITEM 11
ITEM 11

ATTACHMENT C
City of Ceres

BID SUMMARY
JOB BID: Don Pedro Park Pathway Project
BID DATE: October 17, 2023
BIDS RECEIVED: November 7, 2023

COMPANY BID TOTAL
George Reed Inc.
140 Empire Ave
Modesto, CA 95354
Total Base Bid: $68,700.00
Machado & Sons
Construction, Inc.
1000 S Kilroy
Turlock, CA 95380
Total Base Bid: $80,690.00
United Pavement Maintenance, Inc.

P.O. Box1017
Hughson CA 95326
Total Base Bid: $86,400.00
ITEM 11
ITEM 11

AGREEMENT
FOR

CONSTRUCTION
THI
S AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 11th day of December 2023, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and George Reed Inc. hereinafter referred to as "CONTRACTOR".

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

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

ATTACHMENT D
ITEM 11

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

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

ITEM 11

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

7. TERM OF AGREEMENT
This Agreement shall be effective December 11, 2023, with the project being completed on June 14, 2024, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Exhibit “B” with Amount Not to Exceed $68,700.00.

ITEM 11

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

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

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

ITEM 11

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

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

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

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

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

ITEM 11

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

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

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

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

ITEM 11

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

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

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to ITEM 11

the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name: George Reed Inc.

Address: 140 Empire Ave
Modesto, CA 95354

Attention: Kenneth Luyster, Project Manager
Phone: (209) 557-3157

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

Ceres, CA 95307

Attention: Jesus Jr Chavez
Phone: (209) 538-5732

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

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

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement ITEM 11

shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty or theft.

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

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

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

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

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the ITEM 11

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

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

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

23. RETENTION
CITY shall retain five percent (5%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

24. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by ITEM 11

CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

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

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

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

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

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

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

Should the CITY give written notice to the CONTRACTOR of any defects in the work of ITEM 11

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

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

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

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

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of ITEM 11

California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

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

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

ITEM 11

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

Dated , 2023 Dated , 2023
CITY OF CERES, a municipal corporation George Reed Inc.

By By
Douglas D. Dunford, Interim City Manager Signature

George Reed Inc. Title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk

ITEM 11

BID BOOK

BID ITEM LIST
Don Pedro Park Concrete Pathway Project

BASE BID
ITEM
NO. ITEM

UNIT OF

MEASURE

ESTIMATED

QUANTITY

UNIT PRICE
(IN FIGURES)

ITEM TOTAL
(IN FIGURES)
1 MOBILZATION LS 1
2 GRADING LS 1
3 4” CONCRETE FLAT WORK LF 600
4 IRRIGATION LS 1
5 LANDSCAPE LS 1
6 RESTORATION LS 1

TOTAL BASE BID

NOTE:

The City will award the contract to the lowest, responsive, and responsible bidder based on of "TOTAL BASE BID”. The City reserves the right to award the TOTAL amount of the Contract.

The Bidder shall list the name, address, license number, DIR number, and a description of work of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 2-1.10, "Subcontractor List," of the State Standard Specifications.

ITEM 11

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

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

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

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

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

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

ITEM 11

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 11

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

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

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

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

Acceptability of Insurers

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

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 11

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

Subcontractors

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

ITEM 11
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: December 11, 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. 2023-XXX, Approving the Use of American Rescue Plan Act (ARPA) Funds to Install Point to Multi -Point Wireless Network Base Station
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council adopt a resolution approving an expenditure using ARPA funds not spent at the Community Center to install a wireless point to multi -point wireless base station at the Police department radio tower.

I. BACKGROUND:

The C
ity has a need to extend network services to multiple locations, in order to provide this connectivity without ongoing data services costs, wireless bridges are used throughout the City. Joey Chavez, Recreation Manager, suggested the use of unspent ARPA funds allocated to replacement tables in the Community Center, to move this project forward this year, instead of next budget year.

II. REASONS FOR RECOMMENDATION:

In order to provide City services at remote locations without wireless bridges, we would require fiber optic services from AT&T or Spectrum to reach usable speeds. This point to multi-point solution allows for up to 15 remote locations, as long as they have line of sight to the Police department radio tower, to connect to the City infrastructure at high speeds.

III. FISCAL IMPACTS:

The City Council approved the use of $81,773.02 of ARPA funds for the Community Center table replacements. $51, 583.67 was spent, leaving $30,189.35 unspent. This ITEM 12
project would cost $1,900 to have the base stations installed on the tower. The wireless hardware will be purchased from the IT budget for replacement Wireless bridges.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Approval of this project fulfills the strategic plan for Government Operation: “Provide quality services to meet community needs.

POLICY ALTERNATIVES:

The Council can decline to spend ARPA funds and this project will be budgeted for next fiscal year.

VI. INTERDEPARTMENTAL COORDINATION:

The Recreation Department suggested the use of these ARPA funds, allowing this project to move forward before next fiscal year.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval, staff will work with Howell Communications to install the wireless base station to move forward with this project.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Quote from Howell Communications
ITEM 12

ATTACHMENT A
RESOLUTION NO. 2023-XXX

APPROVING THE USE OF AMERICAN RESCUE PLAN ACT (ARPA)

FUNDS TO INSTALL POINT TO MULTI-POINT WIRELESS NETWORK

BASE STATION

THE CITY COUNCIL
City of Ceres

WHEREAS, The City Council has recognized the need to expand City services to remote locations; and

WHEREAS, $81,773.02 of ARPA funds were approved for projects at the Community Center, and $51,582,67 was spent of these funds; and

WHEREAS, in order to proceed with this expansion this budget year , the cost of $1,900 to Howell Communications for the installation of wireless bridges on the Police radio tower; and

WHEREAS, authorization to proceed with payment to Howell Communications requires a resolution adopted by City Council.

NOW, 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 to install point to multi-point wireless network base station.

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 11
th day of December 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 12
ITEM 12

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. , dated Dec. 11, 2023
authorizing appropriations for as follows: Use of ARPA funds to install wireless bridges at the Police radio tower.

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
ARPA Fund 219 55 050300 $1,900

Requested Appropriation $1,900
2023 - 2024 Current Appropriation + 0
Total Appropriation $1,900

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: These are sufficient funds available in the ARPA fund for this project.

ATTACHMENT B
ITEM 12
ITEM 12
Howell Communications
Howell Communications Inc.
24154 Whitney Ln
Raymond, CA 93653 US
(559)674-8989
[email protected]
Quote

ADDRESS
City of Ceres
QUOTE # 6313
DATE 11/03/2023
JOB AT:

Ceres PD Tower

DATE ACTIVITY QTY RATE AMOUNT

TRAVEL, LABOR, MATERIALS
Howell Communications to install (1)
UISP Wave Nano at highest
elevation possible on Ceres PD
tower. Howell also to install feedline
from antenna to radio room.

Customer to supply antenna, Howell
to supply mounting method and cat5
cable / connectors.
1 1,900.00 1,900.00
Thank you for the opportunity to bid on this
project. If you have any questions please feel
free to call us at 559-674-8989. Thank you
and have an outstanding day!
SUBTOTAL 1,900.00
TAX 0.00
TOTAL $1,900.00
Accepted By Accepted Date

ATTACHMENT C
ITEM 12
ITEM 12
SCR

C SUCCESSOR AGENCY

AGENDA REPORT
MEETING DATE: December 11, 2023
TO: C
hair and Board Members
FR
OM: Doug Dunford, Interim City Manager/SCRC SA Executive Director CONT
ACT: Christopher Hoem, Community Development Director
[email protected] 209 538-577 8
SUBJ
ECT: SA-SCRC Resolution 20 23-001, A pproving the Recognized Obligation Payment Schedule Pursuant to the Health and Safety Code Section 34177 f or the Period Commencing July 1, 2024 and Ending June 30, 202 5 (ROPS 24-25) and Taking
Certain Actions in Connection
RECOMMENDED BOARD ACTION:

Ad
opt a r esolution approv ing the Stanislaus -Ceres Redevelopment Commission – Successor Agency Recognized Obli gation Payment Schedule for the p eriod commencing July 1, 20 24 and ending June 30, 2025 (ROPS 24-25) and t aking certain actions in connection therewith.

I. BACKGROUND:

The S
uccessor Agency to the former Stanislaus -Ceres Redevelopment Commission (SCRC) is r equired under the provisions of State Law to prepare a Recognized Obligation Payment Schedule (ROPS) for the period of Jul y 1, 2024 through June 30, 2025 and submit the approved ROPS to the County Auditor/Controller, the Chief Executive Officer of th e County a nd the State Department of Finance no later than February 1, 2024.

The ROPS is an accounting of the financial obligations pertaining to the Successor Agency during the wind down period. The ROPS being now considered includes the following items:
• Agency Bond payments and related fees;
• Consulting expenses;
• Successor Agency Administration Allowance.

CITY COUNCIL
Jav
ier Lopez, Mayor
James Casey, District 1
Rosalinda Vierra, Dist. 2
Bret Silveira, District 3
Daniel Martinez, Dist. 4
ITEM 13

It i s noted that pursuant to changes in State Law , following the implementation of Senate Bill 1 07, all Successor Agencies now prepare an annual ROPS for eac h fiscal year, no longer requiring preparation of ROPS on a semi -annual cycle. This proposed ROPS is therefore applicable for the entire 2024-25 fiscal year.

Additionally, in 2018, State Law eliminated the Oversight Boards within each unique redevelopment a gency, ins tead, creating a single Oversight Board within each County. As a result, the Successor Agency to the SCRC will approve the proposed ROPS and then direct staff to transmit the applicable SCRC ROPS to the Stanislaus County Auditor Contro ller, the entity dee med responsible to administer the single, county-wide Oversight Board. The Stanislaus County Oversight Board will consider action on all the ROPS submitted by the various Successor Agencies at its meeting in January 2024, and thereafter transmit all of the ROPS to the State Department of Finance for appropriate acceptance and action.

II. RE
ASONS FOR RECOMMENDATION:

Approval of the ROPS is required under the RDA Dissolution Act and the Successor Agency Board will consider, discuss and act upon the ROPS before transmittal to the County Auditor -Controller for consideration by the County’s Oversight Board.

III. F ISCAL IMPACTS:

Approval of this ROPS is necessary in order that the SCRC Successor Agency will continue t o receive adequate tax i ncrement from the former Stanislaus Ceres Redevelopment Agency necessary to fully cover all outstanding RDA Bond payments and related fees, applicable consulting expenses of the Agency, and the Successor Agency Administrative Allowance.

IV. E
XISTING POLICY / RELATIONSHI P TO THE STRATEGIC PLAN:

N/A

P OLICY ALTERNATIVES:

N/A

VI. I NTERDEPARTMENTAL COORDIANTION:

N/A

VII. P
UBLIC PARTICIPATION :

The public has an opportunity to provide input at the SCRC Successor Agency Board meeting and the County -wide Oversight Board meeting at which this item is being considered.

ITEM 13

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. ST
EPS FOLLOWING APPROVAL :

Following approval by the Successor Agency the ROPS will be sent to the County Auditor-Controller for final subsequent approval by the Stanislaus County Oversight Board at a meeting to be scheduled in January, 2024, and thereafter be transmitted to the State Department of Finance, State Control ler’s Office and must be posted on the Successor Agency page of the City website.

Approved by: __________________________________
Doug Dunford,
Interim City Manager/ Executive Director

Attachments:

1. Attachment A – Resolution

2. Attachment B – Recognized Obligation Payment Schedule (ROPS 24-25) ITEM 13
ITEM 13
RE
SOLUTION NO. 2023-XXX (SA-SCRC)
AP

PROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE
PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 FOR THE PERIOD COMMENCING JULY 1, 2024 AND ENDING JUNE 30, 2025 (ROPS 24-25) AND TAKING CERTAIN ACTIONS IN CONNECTION
T

HE STANISLAUS-CERES REDEVELOPMENT COMMISSION

SUCCESSOR AGENCY BOARD
City of Ceres
W
HEREAS, the Stanislaus -Ceres Redevelopment Commission was a Redevelopment Agency organized and existing under the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.; hereinafter, the "CCRL") and pursuant to the CCRL was responsible for the administration of redevelopment activities in certain unincorporated areas within the City of Ceres; and W
HEREAS, pursuant to Health and Safety Code § 34169, until successor agencies were authorized, redevelopment agencies continued to make all scheduled payments for enforceable obligations as defined in Health and Safety Code § 34167(a); and
W
HEREAS, pursuant to Health and Safety Code § 34167, redevelopment agencies shall not make payments unless they were listed in an adopted enforceable obligation payment schedule, other than payments required to meet obligations with respect to bonded indebtedness; and
W
HEREAS, on August 25, 2011, the Agency adopted Resolution No. 2011- 13 SCRC approving an original Enforceable Obligation Payment Schedule (the “EOPS”); and
W
HEREAS, on January 9, 2012, the Ceres City Council adopted Resolution No. 2012-04 electing to serve as the Successor Agency to the former Stanislaus -Ceres Redevelopment Commission; and
W
HEREAS, on January 23, 2012, the Agency adopted Resolution No. 2012- 01 SCRC approving an amended EOPS; and
W
HEREAS, on February 1, 2012, all California redevelopment agencies were dissolved and successor agencies were designated as successor entities to the former redevelopment agencies; and
W
HEREAS, Health and Safety Code Section 34177 and AB 1484 provide that before each twelve-month fiscal period, a successor agency to a former redevelopment agency must prepare a Recognized Obligation Payment Schedule (“ROPS”) for the ITEM 13

ATTACHMENT A
enforceable obligations of the former redevelopment agency in accordance with the requirements of Section 34177 and AB 1484; and
W
HEREAS, the Successor Agency has prepared a ROPS for the twelve- month fiscal period that commences on July 1, 2024 and ends on June 30, 2025, attached hereto as Exhibit “A” and incorporated herein by reference, on the California Departm ent of Finance form (ROPS 24-25); and
W
HEREAS, pursuant to Health and Safety Code Section 34180(g) and AB 1484, establishment of a ROPS by the Successor Agency shall also be approved by the Stanislaus County Oversight Board; and
W
HEREAS, pursuant to subdivisions (l)(2)(C) and (l)(3) of Health and Safety Code Section 34177 and AB 1484, a copy of the certified and approved ROPS for the period of July 1, 2024 through June 30, 2025 must be submitted by the Successor Agency and the Stanislaus County Oversight Board, to the California Department of Finance (“DOF”) and to Stanislaus County by February 1, 2024; and
W
HEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.

N
OW, THEREFORE, BE IT RESOLVED by the Successor Agency of the former Stanislaus-Ceres Redevelopment Commission, as follows:

S
ection 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

S
ection 2. The Agency’s ROPS, which is attached hereto as Exhibit “A”, is ratified, approved and adopted pursuant to Health and Safety Code Section 34177.

S
ection 3. The Successor Agency hereby approves the ROPS for the period of July 1, 2024 through June 30, 2025, and hereby acknowledges that the Successor Agency will hereby submit the ROPS to the County Auditor Controller and the Stanislaus County Oversight Board for consideration of approval at the Oversight Board meeting to be held in January, 2024.

S
ection 4. The officers and the staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution.

S
ection 5. This Resolution shall take effect upon the date of its adoption.

ITEM 13
PASSED AND ADOPTED by the Successor Agency of the former Stanislaus - Ceres Redevelopment Commission at a regular meeting thereof held on the 11th day of December 2023, by the following vote:

AYES:

Board Members:

NOES: Board Members:

ABSENT: Board Members:

ABSTAIN: Board Members:
___
__________________________
Javier Lopez, Chairperson
ATTEST:
___
__________________________
Fallon Martin, City Clerk
ITEM 13
ITEM 13
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Stanislaus Ceres
County: Stanislaus
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 118,049 $ 48,361 $ 166,410 F RPTTF 90,399 20,712 111,111
G Administrative RPTTF 27,650 27,649 55,299
H Current Period Enforceable Obligations (A+E) $ 118,049 $ 48,361 $ 166,410 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
ITEM 13

ATTACHMENT B
Stanislaus Ceres
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$1,179,662 $166,410 $- $- $- $90,399 $27,650 $118,049 $- $- $- $20,712 $27,649 $48,361 1 2000 Tax
Allocation
Bonds
Bonds Issued
On or Before
12/31/10
05/08/
2000
11/01/2030 US
Bank
NA
Funding for
RDA Projects
SCRP 764,360 N $108,471 - - - 90,399 - $90,399 - - - 18,072 - $18,072 7 Securities
Servicing
Fees 05/08/
2000
11/01/2030 US
Bank
NA
Securities
Servicing for
2000 TABs
SCRP 18,480 N
$2,640 - - - - - $- - - - 2,640 - $2,640
8 Successor
Agency
Administration
Admin Costs 02/01/
2012
11/01/2040 City of
Ceres
Successor
Agency
Administration
SCRP 396,822 N $55,299 - - - - 27,650 $27,650 - - - - 27,649 $27,649 ITEM 13
Stanislaus Ceres
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin

1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
115,100 - C-1 is debt service reserve fund held by Bond Trustee Bank
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
170,029
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
170,029
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
115,100 C-4 is debt service reserve fund held by Bond
Trustee Bank
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $- $-
ITEM 13
Stanislaus Ceres
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
1 7
8 ITEM 13
CRA

SUCCESSOR AGENCY

AGENDA REPORT
MEETING DATE: December 11, 2023
TO: C
hair and Board Members
FR
OM: Doug Dunford, Interim City Manager/SA CRA Executive Director CONT
ACT: Christopher Hoem, Community Development Director
[email protected], 209 538-577 8
SUBJ
ECT: SA-CRA Resolution 20 23-XXX, A pproving the Recognized Obligation Payment Schedule Pursuant to the Health and Safety Code Section 34177 f or the Period Commencing July 1, 2024 and Ending June 30, 202 5 (ROPS 24-25) and Taking
Certain Actions In Connection
RECOMMENDED BOARD ACTION:

Adop
t a Resolution approv ing the Ceres Redevelopment Agency – Successor Agency Recognized Obli gation P ayment Schedule f or t he Period Commencing Jul y 1, 20 24 and ending June 30, 2025 (ROPS 24-25) and Taking Certain Actions in Connection therewith.

I. BACKGROUND:

The S
uccessor Agency to the former Ceres Redevelopment Agency ( CRA) is required under the provisions of State Law to prepare a Recognized Obligation Payment Schedule (ROPS) for the period of July 1, 2024 through June 30, 2025 and submit the approved ROPS to the County Auditor/Controller, the Chief Executive Officer of the County and the State Department of Finance no later than February 1, 2024.

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda Vierra, Dist.2
Bret Silveira, Dist. 3
Daniel Martinez, Dist. 4
ITEM 14

It i s noted that pursuant to changes in State Law , following the implementation of Senate Bill 1 07, all Successor Agencies now prepare an annual ROPS for eac h fiscal year, no longer requi ring preparation of ROPS on a semi -annual cycle. This proposed ROPS is therefore applicable for the entire 2024-25 fiscal year.

Additionally, in 2018, State Law eliminated the Oversight Boards within each unique redevelopment a gency, instead, creating a single Over sight Board within each County. As a result, the Successor Agency to the CRA will approve the proposed ROPS and then direct staff to transmit the applicable CRA- SA ROPS to the Stanislaus County Auditor Controller, the ent ity deemed responsibl e to admi nister the single, county-wide Oversight Board. The Stanislaus County Oversight Board is scheduled to consider action on all the ROPS submitted by the various Successor Agencies in January, 20 24, and thereafter tr ansmit all of the R OPS to the State Department of Finance for appropriate acceptance and action.

II. RE ASONS FOR RECOMMENDATION:

Approval of the ROPS is required under the RDA Dissolution Act and the Successor Agency Board will consider, discuss and act upon the ROPS before transmittal to the County A uditor-Controller for consideration by the County’s Oversight Board.

III. F ISCAL IMPACTS:

Approval of this ROPS is necessary in order that the CRA Successor Agency will continue t o receive ade quate tax increm ent from the former Stanislaus Ceres Redevelopment Agency necessary to fully cover all outstanding RDA Bond payments and related fees, applicable consulting expenses of the Agency, and the Successor Agency Administrative Allowance.

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

N/A

V. POL
ICY ALTERNATIVES:

N/A

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A

VII. P
UBLIC PARTICIPATION :

The public has an opportunity to provide input at th e CRA Successor Agency Board meeting and the County -wide Oversight Board meeting at which this item is being considered.

ITEM 14

VIII. E NVIRONMENTAL REVIEW:

N/A

IX. ST
EPS FOLLOWING APPROVAL :

Approved by: _____________________________
Doug Dunford, Interim City Manager/
Executive Director

Attachments:

1. Attachment A – Resolution

2. Attachment B – Recognized Obligation Payment Schedule (ROPS 24-25) ITEM 14
ITEM 14
RESOLUTION NO. 2023-XXX (SA-CRA)
AP

HE CERES REDEVELOPMENT AGENCY SUCCESSOR AGENCY BOARD
City of Ceres
W
HEREAS, the Ceres Redevelopment Agency was a Redevelopment Agency organized and existing under the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.; hereinafter, the "CCRL") and pursuant to the CCRL was responsible for the administration of redevelopment activities in certain unincorporated areas within the City of Ceres; and
W
HEREAS, pursuant to Health and Safety Code § 34169, until successor agencies were authorized, redevelopment agencies continued to make all scheduled payments for enforceable obligations as defined in Health and Safety Code § 34167(a); and
W
HEREAS, pursuant to Health and Safety Code § 34167, redevelopment agencies shall not make payments unless they were listed in an adopted enforceable obligation payment schedule, other than payments required to meet obligations with respect to bonded indebtedness; and
W
HEREAS, on August 25, 2011, the Agency adopted Resolution No. 2011- 13 SCRC approving an original Enforceable Obligation Payment Schedule (the “EOPS”); and
W
HEREAS, on January 9, 2012, the Ceres City Council adopted Resolution No. 2012-04 electing to serve as the Successor Agency to the former Stanislaus -Ceres Redevelopment Commission; and
W
HEREAS, on January 23, 2012, the Agency adopted Resolution No. 2012- 01 SCRC approving an amended EOPS; and
W
HEREAS, on February 1, 2012, all California redevelopment agencies were dissolved and successor agencies were designated as successor entities to the former redevelopment agencies; and
W
HEREAS, Health and Safety Code Section 34177 and AB 1484 provide that before each twelve-month fiscal period, a successor agency to a former redevelopment agency must prepare a Recognized Obligation Payment Schedule (“ROPS”) for the enforceable obligations of the former redevelopment agency in accordance with the requirements of Section 34177 and AB 1484; and
ITEM 14

ATTACHMENT A
WHEREAS, the Successor Agency has prepared a ROPS for the twelve- month fiscal period that commences on July 1, 2024 and ends on June 30, 2025, attached hereto as Exhibit “A” and incorporated herein by reference, on the California Departm ent of Finance form (ROPS 24-25); and
W
HEREAS, pursuant to Health and Safety Code Section 34180(g) and AB 1484, establishment of a ROPS by the Successor Agency shall also be approved by the Stanislaus County Oversight Board; and
W
HEREAS, pursuant to subdivisions (l)(2)(C) and (l)(3) of Health and Safety Code Section 34177 and AB 1484, a copy of the certified and approved ROPS for the period of July 1, 2024 through June 30, 2025 must be submitted by the Successor Agency and the Stanislaus County Oversight Board, to the California Department of Finance (“DOF”) and to Stanislaus County by February 1, 2024; and
W
HEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.

N
OW, THEREFORE, BE IT RESOLVED by the Successor Agency of the former Stanislaus-Ceres Redevelopment Commission, as follows:

S
ection 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

S
ection 2. The Agency’s ROPS, which is attached hereto as Exhibit “A”, is ratified, approved and adopted pursuant to Health and Safety Code Section 34177.

S
ection 5. This Resolution shall take effect upon the date of its adoption.

ITEM 14
PASSED AND ADOPTED by the Successor Agency of the former Ceres Redevelopment Agency at a regular meeting thereof held on the 11th day of December 2023, by the following vote:

AYES:

Board Members:

NOES: Board Members:

ABSENT: Board Members:

ABSTAIN: Board Members:
___
__________________________
Javier Lopez, Chairperson
ATTEST:
___
__________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Ceres
County: Stanislaus
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 1,932,413 $ 405,662 $ 2,338,075 B Bond Proceeds - - -
C Reserve Balance 1,932,413 405,662 2,338,075
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 125,000 $ 2,475,750 $ 2,600,750 F RPTTF - 2,350,750 2,350,750
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 2,057,413 $ 2,881,412 $ 4,938,825 Certification of Oversight Board Chairman:

ATTACHMENT B
Ceres
Recognized Obligation
Payment Schedule (ROPS 24-25) - ROPS Detail
July 1, 2024 through June 30, 2025

Continuing
Disclosure for
TABs
RDA
No. 1
43,175 N $4,475 - - - - - $- - - - 4,475 - $4,475
12 Successor
Agency
Administration
Admin
Costs
02/01/
2012
12/08/2043 City of
Ceres
Successor
Agency
Administration
RDA
No. 1
2,625,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 21 HSC § 34171
(d)(1)(A)
Reserve
Bonds
Issued On
or Before
12/31/10
12/08/
2003
12/08/2033 US Bank
NA
D.S. Reserve
request per
Trust
Indenture for
2015 Bonds
RDA
No. 1
2,343,075 N $2,343,075 - - - - - $- - - - 2,343,075 - $2,343,075 36 Bond Trustee
Fees
Fees 12/08/
2003
12/08/2033 US Bank
NA
Bond Trustee
Administration
Fees
RDA
No. 1
49,300 N $3,200 - - - - - $- - - - 3,200 - $3,200
37 2015 Tax
Allocation
Refunding
Bonds
Refunding
Bonds
Issued
After 6/
27/12
06/07/
2015
12/15/2033 US Bank
NA
Refunding of
2003 Bonds
6,959,218 N $582,975 -
481,113 - - - $481,113 - 101,862 - - - $101,862
39 2020 Tax
Allocation
Refunding
Bonds
Refunding
Bonds
Issued
After 6/
27/12
02/01/
2020
12/15/2035 US Bank
NA
Refunding of
2006 non-
housing and
2006 Housing
Bonds
20,581,800 N $1,755,100 - 1,451,300 - - - $1,451,300 - 303,800 - - - $303,800 ITEM 14
Ceres
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

Non-Admin
and Admin

1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
-
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
3,124,773
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
3,100,306
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $- $24,467
ITEM 14
Ceres
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
7 9
12 21
36 37
39 ITEM 14

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: December 11, 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. 202 3-XXX, Ratifying the Appointment and Approving an Employment Agreement with Douglas Dunford for the Position of City Manager
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve the resolution ratifying the appointment and approving an Employment Agreement with Douglas Dunford for the position of City Manager.

I. BACKGROUND:

The C
ity Manager positions has been vacant since May 23, 2022. Council appoint ed Douglas Dunford as interim City Manager pending the outcome of a competitive recruitment. The recruitment opened on September 19, 2023, and closed on October 19, 2023. Six candidates participated in oral examinations and three were invited to selection interviews. Selection interviews were concluded on November 27, 2023.

II. REASONS FOR RECOMMENDATION:

The recruitment process to fill the position of City Manager has been concluded and City Council selected Doug Dunford as the most qualified candidate for the position. An employment agreement is required for the City Manager and the negotiations have been completed.

III. FISCAL IMPACTS:

The position is included in the current budget to support this recommendation.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The services provided by Mr. Dunford will assist the City in accomplishing its goals of enhancing its government operations to provide quality services to meet community needs and assuring that the City is sufficiently staffed and trained.

ITEM 15
V. POLICY ALTERNATIVES:

Council may approve the Employment Agreement as presented or make such agreed upon modifications, as it may deem appropriate.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Execute the Agreement.

A
pproved by: ____________________
Douglas D. Dunford
Interim City Manager
A
ttachments:

1. Attachment A – Resolution

2. Attachment B – Employment Agreement
ITEM 15

ATTACHMENT A
RESOLUTION NO. 2023-XXX
RAT

IFYING THE APPOINTMENT AND APPROVING AN

EMPLOYMENT AGREEMENT WITH DOUGLAS DUNFORD FOR THE

POSITION OF CITY MANAGER
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the City Manager position has been vacant since May 23, 2022; and W
HEREAS, Council appointed Douglas Dunford as Interim City Manager pending the outcome of a competitive recruitment; and
W
HEREAS, the recruitment process to fill the position of City Manager has been concluded; and
W
HEREAS, City Council selected Doug las Dunford for the position of City Manager; and
W
HEREAS, the Employment Agreement has been negotiated with Douglas Dunford, which sets forth the rights, duties and obligations of the parties, a copy of which Agreement is attached hereto as Exhibit “A” and incorporated herein by reference.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the appointment and approve an employment agreement with Douglas Dunford for the position of City Manager.

BE
IT FURTHER RESOLVED the City Council of the City of Ceres approves an Employment Agreement with Douglas Dunford to serve as City Manager.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11th day of December 2023, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
______________________________
Fallon Martin, City Clerk
ITEM 15
ITEM 15
1 ATTACHMENT B
{CW134593.7}

EMPLOYMENT AGREEMENT
for the Position of

CITY MANAGER
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Ceres, a California municipal corporation (“CITY”) and Douglas Dunford, an individual (“DUNFORD”). CITY and DUNFORD may individually be referred to herein as “Party” or collectively as “Parties.” There are no other parties to this Agreement.

RECITALS
WHEREAS, CITY desires to employ DUNFORD as its City Manager, to carry out the duties and responsibilities of City Manager as provided for by the Ceres Municipal Code, in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.

WHEREAS, DUNFORD desires to accept employment as City Manager in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.

WHEREAS, the Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of the California Government Code section 53260.

NOW THEREFORE, in consideration of the mutual promises herein contained, CITY and DUNFORD agree as follows:

AGREEMENT
Section 1. Recitals. The recitals set forth above are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between the Recitals and Sections 1 through 12 of this Agreement, Sections 1 through 12 will prevail.

Section 2. Effective Date. This Agreement shall become effective once executed by both CITY and DUNFORD (“Effective Date”).

Section 3. Appointment of City Manager, Duties, and Term.

3.1. Appointment. DUNFORD accepts employment with CITY as its City Manager and shall perform all functions, duties, and services set forth in Section 3.3 [Duties] of this Agreement.

3.2 Term. DUNFORD shall commence the performance of his duties as the City Manager at 8:00 A.M. on December 12, 2023 (“Effective Date”) and shall continue for a term of five (5) years (“Term”). This Agreement shall expire on December 11, 2028 , unless terminated earlier pursuant to Section 7 [Termination] of this Agreement. No later than six (6) months prior to the expiration of th is Agreement, the City shall provide written notice to DUNFORD as to whether CITY intends to extend or renegotiate this Agreement. If the Agreement is to be renegotiated, then negotiations shall commence no later than five (5) months prior to the expiration of the existing Agreement.

3.3. Duties. DUNFORD shall serve as the City Manager and shall for the Term of the Agreement set forth in Section 3.2, be vested with the powers, duties, and responsibilities of the City Manager as set forth in the Ceres Municipal Code, which is incorporated herein by reference.

ITEM 15
2 ATTACHMENT B
{CW134593.7}
DUNFORD shall provide services at the pleasure of the City Council. The City Manager shall keep the City Council fully apprised of all significant ongoing operations of CITY. DUNFORD shall function as the Chief Executive Officer of the CITY, will report directly to the City Council and will periodically, or as may be otherwise specifically requested by the City Council, provide status reports to the City Council on his activities and those of CITY. DUNFORD shall provide such other services as are customary and appropriate to the position of City Manager, including attending after hour City and/or community events, together with such additional services assigned from time to time by the City Council as may be consistent with California law and the Ceres Municipal Code.

DUNFORD shall devote his best efforts and attention to the performance of these duties.

3.4. Secondary Employment. DUNFORD shall not hold secondary employment or engage in activities which conflict with or present the appearance of or possibility of conflicting with, CITY’S legitimate business interests. As such, DUNFORD agrees that DUNFORD will notify the City Council in writing if DUNFORD wishes to accept secondary employment, with sufficient advance notice to allow the City Council to determine whether there is the appearance of, or an actual conflict or potential conflict with the satisfactory performance of DUNFORD’S duties and/or the best interest of CITY. Should the City Council make such a determination, DUNFORD agrees that DUNFORD will forgo the proposed secondary employment. Notwithstanding the foregoing, DUNFORD shall have the right to volunteer for such nonprofit organizations as he may see fit, provided that such volunteer services shall not interfere with his duties on behalf of CITY.

3.5. Exempt Employee. The general business hours for CITY employees are Monday through Friday, 8:00 A.M. to 5:00 P.M. However, it is recognized by the Parties that DUNFORD is an exempt employee for purposes of the Fair Labor Standards Act (29 U.S.C., § 201 et seq.).

DUNFORD acknowledges that he does not have set hours of work and is expected to be reasonably available at all times and work such hours as may be necessary to fully accomplish his duties. As such, DUNFORD shall not receive overtime or extra compensation for hours worked outside of CITY’S general business hours which are necessary to fulfill the duties of the City Manager, unless otherwise provided in this Agreement. DUNFORD agrees to be reachable by telephone for consultation and advice when he is not physically present and working in CITY. DUNFORD also agrees to respond to CITY for emergency situations.

Section 4. At Will.

DUNFORD acknowledges that he is an at-will employee of CITY who shall serve at the pleasure of the City Council at all times during the period of his service hereunder. The terms of CITY’S personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding City administrative personnel (collectively “Personnel Policies ”), as they may be amended or supplemented from time to time, shall not apply to DUNFORD, unless otherwise required by law.

Nothing in this Agreement is intended to, or does, confer upon DUNFORD any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate his employment, except as expressly provided for in Section 3.2 [Term] or Section 7 [Termination] of this Agreement.

Section 5. Compensation.

5.1. Rate of Pay. For all services performed by DUNFORD as the City Manager under this Agreement, CITY shall pay DUNFORD an annual salary of Two Hundred Ten Thousand Dollars ($210,000.00) per year, which equals Seventeen Thousand Five Hundred Dollars ($17,500.00) per ITEM 15
3 ATTACHMENT B
{CW134593.7}
month and One Hundred Dollars Ninety-Six Cents ($100.96) per hour.

5.2. Reimbursement. DUNFORD shall be provided with a car allowance of Four Hundred Dollars ($400.00) per month, which the Parties agree is reasonable compensation for automobile expenses in the course and scope of employment. CITY shall also reimburse DUNFORD for other reasonable and necessary travel and other business expenses incurred by DUNFORD in performance of his duties. All reimbursement shall be subject to and in accordance with California law and applicable CITY reimbursement policies.

Section 6. Benefits.

6.1 Term Life Insurance. DUNFORD shall receive a CITY paid term life insurance policy having a face policy value of Fifty Thousand Dollars ($50,000 .00). CITY reserves the right to provide this life insurance through a self-insured plan or under a group insurance policy or policies issued by an insurance company or insurance companies selected by CITY.

6.2 Health and Welfare Plan. DUNFORD must enroll in an available CITY medical plan unless he opts out. In order to opt out, DUNFORD must provide the following:
a. Proof that DUNFORD and all individuals for whom DUNFORD intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the CITY’S plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and
b. DUNFORD must sign an attestation that DUNFORD and his tax family have or will have such minimum essential coverage for the opt out period. DUNFORD must provide the attestation every plan year at open enrollment.

CITY shall contribute the following amounts toward the combined premiums for medical, dental , and vision on a semi -monthly basis (24 pay periods). CITY’S contribution shall not exceed the actual premiums, or the contribution amounts listed below, whichever is less. DUNFORD shall be responsible for the balance of premiums, if any.
a. $355 semi-monthly ($710 monthly) for DUNFORD enrolled in DUNFORD-Only medical coverage.
b. $735 semi-monthly ($1,470 monthly) for DUNFORD enrolled in DUNFORD + 1 medical coverage.
c. $1,045 semi-monthly ($2,090 monthly) for DUNFORD enrolled in DUNFORD + Family (more than one dependent) medical coverage.

CITY shall pay one hundred percent (100%) of the dental and vision premiums for DUNFORD, if he opts out and waives medical coverage. Should DUNFORD opt out and waive medical coverage, he shall receive $100 semi-monthly ($200 monthly) taxable compensation. CITY shall continue a Section 125 program for pre-tax deductions for DUNFORD’S share of medical, dental, and vision insurance premiums. Benefits shall stop at the end of the month when City employment is ended ITEM 15
4 ATTACHMENT B
{CW134593.7}
for any reason. All coverage, except as required to be offered or extended under federal and state law, shall end.

There is no responsibility on the part of CITY to pay, either in money or premiums, any remaining CITY or DUNFORD obligations beyond the month of termination of DUNFORD’S employment.

Cash payment for medical waivers will be paid only through the end of the month in which DUNFORD’S employment terminated. Such payment will be included in DUNFORD’S final pay received from CITY. Any outstanding premiums required to continue benefits through the end of the month of DUNFORD’S termination of City employment will b e withheld from the final pay received from CITY.

CITY retains the discretion to select the City plan(s) each year. In the event CITY makes changes to the plan selection, DUNFORD will receive advance notice and an opportunity to discuss concerns regarding the changes.

6.3 Sick Leave & Sick Leave Conversion. Sick leave accumulation for DUNFORD shall be one day (8 hours) per month for twelve (12) days per year (3.69 hours ) earned per pay period.

Sick leave accumulation is unlimited. If DUNFORD has not taken more than thirty-six (36) hours of sick leave during the twelve (12) month period beginning the first pay period in January and ending the second pay period in December of each year, DUNFORD shall be entitled to convert up to twenty-four (24) hours of unused sick leave to pay or leave with pay (1:1 ratio), provided that at no time shall DUNFORD’S sick leave balance fall below one hundred ninety-two (192) hours.

Accumulated sick leave shall be paid to DUNFORD at fifty percent ( 50%) of the accumulated balance upon retirement from City service at DUNFORD’S current base hourly rate at time of retirement (“Retirement Cash-Out Amount”).
a. For the purpose of this section, the term “retirement” is defined, understood , and intended to mean, DUNFORD’S separation from employment with CITY at a time when DUNFORD qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by DUNFORD for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of DUNFORD to commence receipt of current benefits from th e retirement system. Discontinuance of paid work for CITY under any circumstances other than defined herein, or election by DUNFORD for deferral of retirement payments, are not considered as “retirement” for eligibility to receive payment for a portion of any unused sick leave benefit as stated herein. b. CITY agrees to implement upon retirement a retiree health savings plan administered by a provider selected by CITY.
c. Upon retirement, DUNFORD shall have the option of: 1) being paid all or any portion of the Retirement Cash -Out Amount; 2) contributing all or any portion of the Retirement Cash-Out Amount to a Retiree Health Savings account; 3) contributing all or any portion of the Retirement Cash-Out Amount to deferred compensation account; or 4) any combination of the foregoing.

6.4 Vacation & Vacation Conversion. In recognition of DUNFORD’S years of experience in city management, DUNFORD shall accrue twenty (20) vacation days per year from ITEM 15
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the inception of his employment as City Manager and shall be credited with ten (10) days accrued vacation as of the Effective Date of this Agreement. Beginning on December 24, 2023, DUNFORD shall accrue 6.15 hours of vacation per pay period (20 days annually) through the end of his fifth year of continuous employment as City Manager.

Maximum vacation accumulation shall be four hundred eighty (480) hours. If DUNFORD reaches the 480 hours maximum vacation accumulation, he shall not accrue additional vacation hours until some vacation time is used. Accrual of vacation hours shall resume once the balance is reduced through time off. Pay-out of accumulated vacation hours at separation of service shall be limited to 480 hours. DUNFORD may convert per fiscal year up to forty (40) hours of vacation leave to be accrued in the coming fiscal year into cash, so long as DUNFORD irrevocably elects to convert the amount of vacation leave at least twelve (12) months prior to the conversion. Payment will be at DUNFORD’S current hourly rate of pay (1:1 ratio).

6.5 Conversion of Leave to Deferred Compensation Account. DUNFORD shall be given the opportunity to convert forty (40) hours per fiscal year of a combination of sick and/or vacation leave to DUNFORD’S individual deferred compensation account.

6.6 Management Leave. DUNFORD shall receive fifteen (15) management leave days (120 hours of leave) per fiscal year, including the current fiscal year. Management leave must be used during the fiscal year in which it is earned and is not accumulative. Carryover of unused management leave days into the subsequent fiscal year may be allowed only upon prior written approval of the City Council.

6.7 Holidays. DUNFORD shall receive such paid City holidays as are granted to the Mid- Managers’ Bargaining Group.

6.8 Bereavement Leave. DUNFORD shall be entitled to take up to five (5) scheduled workdays of bereavement leave in the event of death of a family member as defined by the California Family Rights Act —which includes a parent, child, grandparent, grandchild, sibling, spouse, registered d omestic partner, parent -in-law, or other “designated person” —as well as a sibling, parent, or grandparent of DUNFORD’S spouse or registered domestic partner. DUNFORD shall be entitled to bereavement leave with pay as follows:
a. DUNFORD shall be entitled to leave with pay for a maximum of five (5) scheduled workdays in the event of the death of the DUNFORD’S spouse, registered domestic partner, or children.
b. DUNFORD shall be entitled to leave with pay for a maximum of three (3) scheduled workdays, in the event of the death of the DUNFORD’S parents, siblings, or grandchildren. c. DUNFORD shall be entitled to leave with pay for a maximum of one (1) scheduled workday in the event of the death of DUNFORD’S brother or sister by marriage or domestic partnership, parents by marriage or domestic partnership, and grandparents of DUNFORD or by marriage or domestic partnership.

Additional bereavement time may be granted but paid from DUNFORD’S accrued vacation or management leave time upon request from DUNFORD and approval by the City Council. CITY reserves the right to request proof of the death of the deceased and DUNFORD’S relationship to ITEM 15
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the deceased.

6.9 Retirement System and Contribution . CITY shall provide DUNFORD enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.14 commonly known as “2% at 55.” DUNFORD shall pay one hundred percent ( 100%) of DUNFORD’S contribution into the 1937 Act Stanislaus County DUNFORD’S Retirement System.

Said contribution shall be vested in DUNFORD’S name as permitted under the rules and regulations of the Act.

6.10 Professional Development. As an incentive for furthering individual, professional , and managerial growth by DUNFORD, CITY will annually budget Nine Hundred Dollars ($900.00) for DUNFORD in the interest of promoting and supporting DUNFORD’S professional development. Independent of, supplemental to, and not to be used as a substitution for or in conjunction with other budgeted City funds for training or conferences, this benefit may be used to assist in the payment of expenses for DUNFORD to attend a national or international professional conference associated with or related to DUNFORD’S profession and responsibilities with CITY, enrollment in pertinent management training courses, enrollment in academic/educational classes or curriculum relative to City employment, and/or payment for applicable tuition, books, or reference resources. Acquisition of computer hardware, computer so ftware, or other technological equipment may be allowed, provided it is for DUNFORD’S individual use and benefit in the course of performing DUNFORD’S employment responsibilities and the purchase(s) remain the property of the CITY.

DUNFORD shall obtain the City Council’s written approval of the intended use of said professional development funds prior to each encumbrance or expenditure. The annual allocation of funds for this purpose may be carried over into one (1) subsequent fiscal year. No portion of these monies shall be provided to DUNFORD for cash purposes or as additional compensation.

6.11 Other Voluntary Benefits . Through a Section 125 program and effective with the plan year beginning January 1, 20 24, CITY shall provide DUNFORD a One Thousand Two Hundred Dollar ( $1,200.00) annual allowance for payment of pretax supplemental insurance premiums, and contributions to Flexible Spending Accounts (daycare and unreimbursed medical expenses) or Health Savings Accounts (HSA). The selection of these benefits is voluntary on the part of DUNFORD. The allowance shall be provided on a semi -monthly basis —Fifty Dollars ($50.00) over twenty-four (24) pay periods.

CITY shall continue a Section 125 program for pre-tax deductions for DUNFORD’S share of other supplemental insurance premiums, and for Flexible Spending Accounts (daycare and unreimbursed medical expenses) or Health Savings Accounts (HSA). CITY retains the discretion to select the voluntary benefit plans offered to DUNFORD. In the event CITY makes changes to the plan selection, DUNFORD will receive advance notice and an opportunity to discuss concerns regarding the changes.

6.12 Educational Incentive. In order to promote highly trained and skilled professionals, CITY is willing to provide educational incentive to those individuals who demonstrate their improved education level. Education must be from an accredited college. Should DUNFORD obtain a Master’s degree, DUNFORD shall receive an additional pay incentive of twelve percent (12%).

ITEM 15
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{CW134593.7}
Section 7. Termination.

7.1. City Termination/Severance. CITY may, with or without cause or prior notice, terminate this Agreement and DUNFORD’S employment with CITY. DUNFORD shall be provided five (5) days written notice setting forth the reasons for such termination. C ITY shall tender DUNFORD all wages due and owing, as well as accrued and unused vacation for all hours worked as of DUNFORD’S last day of employment, in accordance with standard C ITY practice, federal or state law, and this Agreement.

In the event DUNFORD’S employment and this Agreement are terminated by CITY during such time that DUNFORD is willing and able to satisfactorily perform the duties required under this Agreement (i.e., other than “for cause” as defined below), CITY agrees to pay DUNFORD a lump sum cash payment (“Severance”) as follows:
a. An amount equal to four (4) months’ aggregate salary if termination takes place in the first through the end of the second year of this Agreement. b. An amount equal to five (5) months’ aggregate salary if termination takes place in the third year of this Agreement.
c. An amount equal to six (6) months ’ aggregate salary if termination takes place in the fourth or through the end of the fifth year of this Agreement. In no even t shall total Severance exceed six (6) months’ aggregate salary . For the purpose of this S ection 7, the term “aggregate salary” is defined as DUNFORD’S regular gross monthly salary on the date of termination, less all mandatory statutory withholdings.

Any Severance payable under this Agreement shall be contingent on DUNFORD’S signature on a release of all claims in a format satisfactory to CITY and is subject to the restrictions of Government Code section 53260 which provides that the maximum cash payment that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the une xpired term of the contract, not to exceed eighteen (18) months. Additionally, any cash settlement related to t he termination of this Agreement received by DUNFORD from CITY shall be fully reimbursed to CITY if DUNFORD is convicted of a crime involving an abuse of office or position while employed by CITY, pursuant to Government Code section 53243.2. Any Severance shall be paid in the same manner as other employees unless otherwise agreed to by CITY and DUNFORD.

Notwithstanding the foregoing, in the event DUNFORD’S employment is terminated “for cause” CITY shall have no obligation to pay the Severance, nor any portion of it, but shall only be obligated to provide all wages due and owing to DUNFORD at the time of termination, including any accrued unused vacation, promptly in accord with standard City practice. For purposes of this Agreement, “cause” shall be defined as termination resulting from DUNFORD’S conduct which would constitute the basis for disciplinary ac tion under Rule 13.2 of CITY’S Personnel Rules, or any revised or successor rule.

In the event DUNFORD is terminated by the City Council for a reason which has been publicly disclosed and could stigmatize DUNFORD’S reputation or impair his ability to earn a living, DUNFORD may, within seven (7) calendar days of receipt of the notice of termination, make a written request for a “name-clearing” hearing (as described in Lubey v. City and County of San ITEM 15
8 ATTACHMENT B
{CW134593.7}
Francisco (1979) and its progeny) before the City Council. Any such “name -clearing” hearing will be held in accordance with CITY’s standard procedures and solely to provide DUNFORD an opportunity to clear his name.

7.2. Voluntary Resignation /Retirement. This Agreement may be terminated by DUNFORD for any reason thirty (30) days after providing written notice to CITY of such termination. CITY shall have the option, in its complete discretion, to make DUNFORD’S termination effective at any time prior to the end of such period, provided CITY pays DUNFORD all compensation as set forth in Section 5.1 [Rate of Pay] then due and owing through the last day actually worked. If DUNFORD retires from full-time public service with CITY, DUNFORD shall provide ninety (90) calendar days advance written notice. DUNFORD’S actual retirement date will be mutually established between the Parties. During the notice period, unless otherwise set forth in this Agreement, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date o f resignation or retirement, CITY shall pay to DUNFORD all salary and benefit amounts accrued and owing under this Agreement.

7.3. Termination Obligations. After notice of resignation or termination, D UNFORD shall cooperate with the City, as requested by C ITY, to affect a transition of DUNFORD’S responsibilities and duties and to ensure that C ITY is aware of all matters being handled by DUNFORD. Additionally, DUNFORD agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him in the course of his employment belongs to CITY and shall be returned within forty-eight (48) hours to CITY upon termination or expiration of DUNFORD’S Employment Agreement unless otherwise agreed upon by CITY. DUNFORD’S obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.

7.4. Proprietary Information. “Proprietary Information” is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his/her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of CITY’S organization, and all Proprietary Information known only through improper means, shall be deemed “Confidential Information.” During DUNFORD’S employment by CITY, DUNFORD shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is, or maybe, necessary to perform his job responsibilities under this Agreement. Following termination, DUNFORD shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. DUNFORD’S obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.

Section 8. Indemnification.

Subject to, in accordance with, and to the extent permitted by the California Government Claims Act (Government Code section 810 et seq. ), CITY will indemnify, defend, and hold DUNFORD harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or ITEM 15
9 ATTACHMENT B
{CW134593.7}
omission occurring during DUNFORD’S tenure as City Manager, except that this provision shall not apply with respect to any intentional tort or crime committed by DUNFORD, or any actions outside the course and scope of his employment as City Manager. CITY shall obtain and keep in full force and effect liability insurance, or risk pool coverage, including errors and omissions coverage on a “per occurrence” basis, in sufficient amounts to ensure fulfillment of this hold harmless and indemnification clause. In the event CITY provides funds for legal criminal defense pursuant to this Section, DUNFORD shall reimburse C ITY for such legal criminal defense funds if DUNFORD is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243 through 53243.4.

Section 9. Abuse of Office/Reimbursement to City.

Pursuant to Government Code section 53243, et seq., which became effective on January 1, 2012, if DUNFORD is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (1) if DUNFORD is provided with administrative leave pay pending an investigation, DUNFORD shall be required to fully reimburse such amounts paid; (2) if CITY pays for the criminal legal defense of DUNFORD (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), DUNFORD shall be required to fully reimburse such amounts paid; and (3) if this Agreement is terminated, any cash settlement related to the termination that DUNFORD may receive from CITY shall be fully reimbursed to the C ITY. For this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including a crime described in Title 7 commencing with section 92 of the Penal Code.

Section 10. Bonding.

CITY shall bear the full cost of any bonds required of the City Manager under any law or ordinance.

Section 11. Acknowledgment.

DUNFORD acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.

Section 12. Notices.

Any notice or communication required hereunder between CITY and DUNFORD must be in writing, and may be given either personally, 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 shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) 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 ITEM 15
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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:

City’s Notice Address:

City of Ceres
ATTN: Mayor and City Council
2220 Magnolia Street
Ceres, CA 95307
City Manager’s Address:

Douglas Dunford
12295 South Avenue
Ballico, CA 95303
Section. 13. General Provisions.

13.1. Council Approval/ Modification of Agreement . This Agreement is contingent on approval by the City Council. The terms and conditions of this Agreement may not be modified or amended at any time except by written agreement signed by both Parties and approved by the City Council.

13.2. Entire Agreement . This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

13.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any Section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

13.4. 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 this Agreement ha ve 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.

13.5. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any Section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

13.6. 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.

ITEM 15
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{CW134593.7}

13.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

13.8. 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.

13.9. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

13.10. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.

13.11. Attorney’s Fees and Costs . If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret Sections 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.

IN WITNESS THEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and DUNFORD has signed and executed this Agreement, as of the date first indicated above.

CITY MANAGER CITY OF CERES
_______________________________ __________________________ Douglas Dunford Javier Lopez, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ __________________________ Fallon Martin, City Clerk Nubia Goldstein, City Attorney ITEM 15
ITEM 15

COUNCIL AGENDA REPORT

Inf
ormation only, no action required.

I. BACKGROUND:

Thi
s report is being brought before the Council as a result of Councilmember Vierra’s referral at the June 26, 2023 council meeting and as a follow-up to the presentation made at the August 14, 2023 council meeting and an informal meeting in September with Mayor Lopez and Councilmember Martinez.

St
aff has prepared an informational report on homelessness.

The Police Department and Code Enforcement Division have teamed up to provide a report on homelessness within the community.

II. REASONS FOR RECOMMENDATION:

To inform and educate the public on homelessness within the community.

III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

N/A
ITEM 16
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

N/A
A
pproved by: ____________________
Douglas D. Dunford
Interim City Manager
ITEM 16
Attachments:

1. Attachment A - Presentation
Code Enforcement
Update
ITEM 16

ATTACHMENT A
Stats
(Sept-Nov 26th
2023)
• Homeless camps abated- 216
with 90% compliance from
tagged camps.
• Tagged camps- 80
• Trash abated from homeless-
18,328 lbs
• Carts retrieved and returned to
stores- 227
ITEM 16
Code Enforcement
redirected to focus on
the homeless
• CARE Team now has a full-time staff member covering
Ceres Mon-Fri.
• CE Officers working closely with the homeless to offer resources and encourage a better future.
• Business owners have reached out and work together with Code Enforcement to make a difference. 602 orders have
been turned in to better assist CE Officers when responding to homeless camps.
• Reaching out to local agencies and coordinating meetings to discuss similar topics and solutions relating to common issues around our city. Turlock Code Enforcement along
with Modesto Police Department.
• CE Officers Varni, Taylor, and Hopkins attended the annual CACEO Conference with Captain Perry and Lieutenant
Johnson. Many topics were covered and very helpful
information to contribute to our department.

ITEM 16
• Code Enforcement officers are often cleaning camps minimum 4 hours. • Teamwork is in full effect every day, involving other departments such as Streets.
• Above and beyond attitude has gone into Wednesday projects from the entire team, making it easier for the division to work efficiently and proudly.

TEAMWORK
MAKES THE DREAM WORK!
ITEM 16
Wednesday
Projects
ITEM 16
The future and
what Code
Enforcement will
focus on!
• Continue working closely with businesses to gain
more support from our business owners.
• Growing Wednesday project days, taking on
more areas.
• Continue partnership with the CARE Team.
• Attending CACEO training.
• CPD creating a HOT Team (Homeless Outreach
Team)
• Application will be submitted in Jan 2024
• Working Supervisor
• Analyst
• Outreach members working directly
with the homeless
ITEM 16

Ceres City CouncilDecember 11, 2023

Ceres City Council
December 11, 2023