Ceres City Council
February 12, 2024

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, February 12, 2024 at 6:00 p.m.

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

CALL TO ORDER

Mayor Lopez

ROLL CALL

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

Martinez (District 4)

INVOCATION

Invocation by Dick Conners, Ceres First Baptist Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/81851696533?pwd=TDBLMmZpMndIczNONy9ST1VMZVBmdz09

Webinar ID: 818 5169 6533; Passcode: 918661; or Dial: (669) 900-6833

PUBLIC COMMENTS VIA ZOOM HAVE BEEN SUSPENDED. PUBLIC COMMENT DURING THE MEETING MUST BE MADE IN-PERSON. MEMBERS OF THE PUBLIC MAY STILL VIEW THE MEETING VIA ZOOM.

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

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

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

AGENDA
Regular City Council Meeting
February 12, 2024

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. Black History Month Proclamation

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

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

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

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

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

1. Clerks Report of Posting. The agenda of the February 12, 2024 City Coun cil Meeting was Posted on Wednesday, February 7, 2024. (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 January 22, 2024 Regular City Council Meeting. (City Clerk)

4. Approval of Minutes for the January 29, 2024 Special City Council Meeting. (City Clerk)

5. Register of Audited Demand(s) Dated January 10, 2024 through January 25, 2024. (Esenwein)

AGENDA
Regular City Council Meeting
February 12, 2024

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

7. Resolution No. 2024- XXX, Authorizing a Budget Amendment for the 2022 Pavement Resurfacing Project to Utilize Additional Sewer Service Funds. (Royal)

8. Resolution No. 2024- XXX, Approving Amendment No. 1 with Crawford & Associates for Geotechnical and Testing Services and Authorizing the City Manager to Execute the Amendment. (Royal)

9. Resolution No. 2024- XXX, Accepting Morrow Village Phase 2 CDBG Sidewalk Improvement Project as Complete, Approving the Balance Contract Change Order, Authorizing the Filing of the Notice of Completion, and Authorizing the Release of the Retention to the Contractor. (Royal)

10. Resolution No. 2024-XXX, Approving an Agreement with Rolfe Construction, Inc. for the River Ranch Sewer Lift Station Power Upgrade Project, Authoriz ing a 10% Contingency, and Authorizing the City Manager to Execute the Agreement. (Royal)

11. Resolution No. 2024- XXX, Approving Amendment No. 1 with Provost and Pritchard Consulting Group to Develop Well 22 Granular Activated Carbon (GAC) Treatment Vessels, Authorizing a Budget Amendment to Allocate Funds and Authorizing the City Manager to Execute the Amendment. (Royal)

12. Resolution No. 2024-XXX, Approving Amendment No. 1 with Jeremy Damas for Public Works Project Management and Consultation and to S erve as the Chief Operator of the Water System, Authorizing a Budget Amendment to Allocate Funds, and Authorizing the City Manager to Execute the Amendment. (Royal)

13. Resolution No. 2024- XXX, A pproving the Submission of an Application to the Office of Traffic Safety for a Special Traffic Enforcement Program (STEP) Grant . (Perry)

14. Resolution No. 2024- XXX, Approving a Professional Consultant Services Agreement with Monument for the Right of Way Acquisition Services for the SR99 Service Road / Mitchell Road Interchange Project , Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (Royal)

15. Resolution No. 2024-XXX, Approving a Contract with Artificial Turf & Landscaping Co. Inc. for the Infield/Turf Renovations at Costa Fields and Authorizing the City Manager to Execute the Contract. (Chavez)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

AGENDA
Regular City Council Meeting
February 12, 2024

UNFINISHED BUSINESS

16. Resolution No. 2024- XXX, Approving an Appeal and Modifying City of Ceres Planning Commission Resolution PC 23-26 for Conditional Use Permit Application Number 23- 18 to Develop a Gas Station and Convenience Store at 1200 E.

Whitmore Avenue (APN: 086-016-077). (City Attorney)

PUBLIC HEARING

None

NEW BUSINESS

17. Resolution No. 2024-XXX, Ratifying the Appointment of Christopher Perry to the Position of Police Chief, Approving an Employment Agreement, and Authorizing the City Manager to Execute the Agreement. (City Manager)

18. Resolution No. 202 4-XXX, Ratifying t he Appointment o f Michael Beltran t o the Position of Director of Engineering Services/City Engineer, Approving a n Employment Agreement, a nd Authorizing the City Manager t o Execute the Agreement. (City Manager)

DISCUSSION ITEMS

None

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

19. Schedule a Special City Council Meeting on Tuesday, May 28, 2024 in Lieu of the Cancelled Regular City Council Meeting on Monday, May 27, 2024 (Memorial Day) (Requested by Councilmember Casey)

20. Schedule a Special City Council Meeting on Tuesday, November 12, 2024 in Lieu of the Cancelled Regular City Council Meeting on Monday, November 11, 2024 (Veterans Day)
(Requested by Councilmember Casey)

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

• Mayor
• City Council
AGENDA
Regular City Council Meeting
February 12, 2024

• City Manager
• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

21. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford 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

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on February 26, 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.

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, February 7, 2024, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk
AGENDA
Regular City Council Meeting
February 12, 2024

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).

DECLARING FEBRUARY 2024 AS

BLACK HISTORY MONTH

WHEREAS, Black History Month has been officially celebrated in the United States since 1976 in order to promote the cultural, economic, political, and social contributions made by our black community to help build this great nation; and

WHEREAS, the 2024 national theme for the observance focuses on “African Americans and the Arts,” which recognizes the contributions African Americans have made towards visual and performing arts, literature, fashion, folklore, language, film , music, archite cture, culinary and other forms of cultur al expressions; and

WHEREAS, the City of Modesto is committed to equity and inclusion and continues to work toward becoming an inclusive community in which all residents, past, present, and future, are respected and recognized for their contributions to our community and country.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City C ouncil, Vice Mayor Bret Silveira, C ouncilmembers James Cas ey, Rosalinda L. Vierra, and Daniel A. Martinez , do hereby proclaim February 2024 as “Black History Month” in the City of Ceres, and urges all our residents to commit to working toward the ideals of equality, freedom, unity, and the abundance of opportunities that our country represents.

Proclaimed this 12th day of February 2024

___________________________
Javier Lopez, Mayor
ITEM A
ITEM A

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

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

City Council Chambers, 2701 Fourth Street
Monday, January 22, 2024 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

M
ayor Lopez called the January 22, 2024 meeting to order at 6:00 p.m.

ROLL CALL – Present:

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

Martinez (District 4)

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

INVOCATION

Invocation by Jeff Thompson, Big Valley Grace Community Church.

PLEDGE OF ALLEGIANCE

Ple
dge of Allegiance was led by Mayor Lopez.

PRESENTATIONS

A. Re
cognizing Police Chief Rick Collins.

Ceres City Council presented Police Chief, Rick Collins, a plaque for his retirement.

Gavin Cline with Congressman Duarte’s office presented a certificate.

Destiny Suarez presented a certificate from the California State Senate.

Danielle Morgart with Assemblyman Alanis’ office presented a certificate.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
January 22, 2024

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

D
anielle Morgart provided a legislative update from Assemblyman Alanis’ office.

Gavin Cline provided a legislative update from Congressman Duarte’s office.

Destiny Suarez provided a legislative update from Senator Marie Alvarado-Gil’s office.

Joshua Lepper, representative for LiUNA, spoke regarding City staff negotiations.

Ashley Shaw spoke regarding salaries for Ceres Police Department dispatchers.

City Clerk, Fallon Martin, read an email into the record from Manny Obaid regarding the Service Road/Morgan Road medians.

APPOINTMENTS TO BOARDS/COMMISSIONS

N
one

CONFLICT OF INTEREST DECLARATION

C
ouncilmember Casey abstained from item 15.

CONSENT CALENDAR

A
ction: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 1 – 6, 8 – 9, and 12. 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

1. Clerks Report of Posting. The agenda of the January 22, 2024 City Council Meeting was Posted on Wednesday, January 17, 2024. (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 January 8, 2024 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated December 13, 2023 through January 3, 2024.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
January 22, 2024

(Esenwein)

5. General Correspondence – Information Only (Aguirre)
a. R edevelopment and Economic Development Activities

6. Resolution No. 2024- 02, Approving a Professional Services Agreement with Alpine Protective Solutions to Provide Private Security Services to Patrol City Parks, Authorizing a Budget Amendment , and Authorizing the City Manager to Execute the Agreement. (Royal)

7. Removed for separate consideration.

8. Resolution No. 2024-04, Authorizing the City Manager to E xecute an Agreement with Mission Linen & Uniform Services to Provide Uniform Services for the Public Works Department. (Royal)

9. Resolution No. 2024-05, Approving the Change of the Ceres Police Department’s Community Service Officer (CSO) Position from Part-Time to a Full-Time Position. (Perry)

10. Removed for separate consideration.

11. Removed for separate consideration.

12. Resolution No. 2024- 08, Approving an Agreement with NBS for Community Facilities District #3 Annexation Services and Authorizing the City Manager to Execute the Agreement. (Hoem)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 7:

Removed for separate consideration by Councilmember Vierra

Resolution No. 2024- 03, Authorizing the City Manager to Approve a Purchase Order with Rush Truck Centers for Four (4) Public Works Fleet Replacement Vehicles and Approving a Budget Amendment to Allocate Funds. (Royal)

Councilmember Vierra spoke regarding electric vehicles, regulations and requirements of having electric vehicles, and potential grants for electric vehicles.

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

John Warren spoke regarding funding for the vehicles.

Council and staff discussion included quotes from various car dealerships and extended warranties.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
January 22, 2024

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 7. 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 10 : Removed for separate consideration by Councilmember Martinez

Resolution No. 2024-06, Approving the Use of American Rescue Plan Act (ARPA) Funds for Costa Fields Upgrades. (Chavez)

Councilmember Martinez spoke regarding turf options, tree trimming quote, opening day, field three lighting, and artificial turf.

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

Shane Parson spoke regarding obtaining jobs with Ceres Youth Baseball.

Gene Yeakley spoke regarding the funding of ongoing maintenance.

Council and staff discussion included overall cost and completion time of the project.

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 10 (artificial turf option). 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 11 : Removed for separate consideration by Councilmember Martinez

Resolution No. 2024-07, Approving the Part-Time (Non-Regular) Employee Hourly Pay Rate Schedule, Effective in the Pay Period Beginning February 4, 2024. (Vasquez)

Councilmember Vierra spoke regarding the labor union and unfair labor practices.

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

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 11. Motion carried 5/0 /0/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
January 22, 2024

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

UNFINISHED BUSINESS

N
one

PUBLIC HEARING

13. R
esolution No. 2024-09, Approving an Increase of the Per -Vendor, Per-Day Fee for Flea Market Vendors. (Hoem)

Community Services Director, Christopher Hoem, introduced the item.

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

Nelson Gomez spoke regarding El Rematito’s agreeance to the fee increase.

John Warren spoke regarding how payment would be submitted.

Mayor Lopez closed public comment.

Council and staff discussion included who the fee increase applies to, how the increase amount was determined, seller’s permit through the State Board of Equalization, and business license annual fee.

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 13. 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

14. Ordinance No. 2024-XXXX, Amending Various Chapters in Title 13 and Title 15 of the Ceres Municipal Code to Adopt to the Most Current Version of the Following Building Codes and Replacing Those Versions Dated 2019 or Prior: California Building Standards Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Fire Code, California Residential Code, California Green Building Standards Code, California Administrative Code, California Energy Code, and California Historical Building Code. (Hoem)

City Manager, Douglas D. Dunford, stated the public hearing would be moved to a future city council meeting.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
January 22, 2024

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

15. Consider an Appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 23-18 (CUP) – Ajmer Singh Randhawa / Brian Rosenberger, Located at 1200 E. Whitmore Avenue, Ceres (APN: 086-016-077). (Hoem)

Senior Planner, Teddie Hernandez, introduced the item.

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

Ajmer Randhawa, project applicant, spoke regarding the project.

Hardeep Gill , appeal applicant, spoke regarding the notifications and public hearing.

Brian Rosenberger, project architect, stated he was available for any questions the council may have regarding the project.

Jatinder Randhawa stated he was available for any questions the council may have regarding the project.

Elizabeth Velasquez-Williams spoke in opposition to the truck stop.

Mike Flores spoke in opposition to the project.

Andrew Sanchez spoke in opposition to the project.

Harley Brock spoke in opposition to the project.

Amardeep Singh spoke in opposition to the project.

Cody Clark spoke in opposition to the project.

John Warren spoke regarding the notification for the Planning Commission.

Gurmet Ghag spoke in opposition to the project.

City Clerk, Fallon Martin, read an email into the record from Edgar Aguilar regarding opposition to the project.

City Clerk, Fallon Martin, read an email into the record from Heather Woodard regarding opposition to the project.

City Clerk, Fallon Martin, read an email into the record from Carolina Estrada ITEM 3

DRAFT MINUTES
Regular City Council Meeting
January 22, 2024

regarding opposition to the project.

City Clerk, Fallon Martin, read an email into the record from Yadira Tova regarding opposition to the project.

Mayor Lopez closed the Public Hearing.

Council and staff discussion included the projects included in the appeal, who denied the appeal applicant’s request, what businesses the area needs, communication to the public, access to the retail space adjacent to the proposed gas station, placement of gas stations per Ceres Municipal Code Title 18, Chapter 28 Section 090, joint Planning Commission & Ceres City Council workshop, City of Ceres vision, General Plan policies, zoning designation, drafting reasons behind the appeal approval, and next steps.

Action: M otion by Councilmember Martinez , seconded by Councilmember Vierra, approving option two listed in the staff report, denying the Planning Commission approval based on inconsistencies with the General Plan. Motion carried 3/1/0/1 by the following roll call vote:

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

NEW BUSINESS

N
one

DISCUSSION ITEMS

16. Cit
y-Wide Garage Sale. (Hoem)

Community Services Director, Christopher Hoem, introduced the item.

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

Amy Claus spoke regarding when the yard sale cycle begins and ends.

J
ohn Warren spoke regarding two three-day permits.

Mayor Lopez closed public comment.

Council and staff discussion included seller’s permit and waiving all permits for one day.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
January 22, 2024

Council consensus for staff to bring back presentation and report regarding garage/yard sales.

COUNCILMEMBER REFERRALS

C
ouncilmember Vierra requested a presentation from the City’s contracted grant writing consultant, Capitol Advocacy Partners.

REPORTS

•
Mayor

Mayor Lopez provided an update on the U.S. Conference of Mayors that he attended and StanCOG.

• City Council

Councilmember Vierra spoke regarding economic development, West Landing development, transitional housing, point -in-time count, and San Joaquin Valley Air Pollution meeting.

Councilmember Martinez spoke regarding 55
th Annual Community Service Awards and
thanked Public Works’ Water Division staff for fixing a broken water line during the weekend.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Nothing to report.

• C ounty Supervisor

Nothing to report.

CLOSED SESSION

17. C
onference 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 ITEM 3

DRAFT MINUTES
Regular City Council Meeting
January 22, 2024

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): (2 cases)

18. L iability Claims , Cal. Gov. Code §54956.95
Claimant: Mr. Rafid Khoshaba and Tow One Inc.

Agency Claimed Against: City of Ceres

19. C
onference with Labor Negotiators , Cal Gov’t Code §54957.6(a) Agency Designated Representative: 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

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

REPORT FROM CLOSED SESSION

M
ayor Lopez reported the following:
• Item 17 – Direction was provided to staff.
• Item 18 – The liability claim was rejected with a 5/0/0/0 vote. • Item 19 – Direction was provided to staff.

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on February 12, 2024 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Ther
e being no further business, Mayor Lopez adjourned the meeting at 10:38 p.m.

_____________________________
Javier Lopez, Mayor

____________________________
Fallon Martin, City Clerk

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
January 22, 2024

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

ITEM 3

DRAFT MINUTES

CITY COUNCIL SPECIAL MEETING
City Council and Planning Commission Workshop

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, January 29, 2024 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

M
ayor Lopez called the January 29, 2024 meeting to order at 6:00 p.m.

ROLL CALL – Present:

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

Martinez (District 4)

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

Chair: Cerina Otero
Vice Chair: Robert Kachel
Commissioners: Gary Condit; Gary Del Nero; David Johnson

Commissioner
Condit
Commissioner
Del Nero
Commissioner
Johnson
Vice Chair
Kachel
Chair
Otero
Present Present Present Present Present

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

A
lvaro Franco spoke regarding a future Ace train station in Ceres with high density residential and commercial surrounding it, Planning Commission to respect existing farmland and bike lanes, and minimizing water pollution and the threat to parks by future developments.

Shane Parson spoke regarding grub hub locations.

Dave Pratt spoke regarding traffic calming mechanisms.

ITEM 4

DRAFT MINUTES
Special City Council Meeting
City Council and Planning Commission Workshop
January 29, 2024

John Warren spoke regarding information contained within the staff report, annexation, and signage.

Andy Sanchez spoke regarding grub hubs.

Jatinder Randhawa spoke regarding protocol, processes, and his experience with inconsistencies between City Council and Planning Commission.

NEW BUSINESS

1. C
ity Council and Planning Commission Workshop. (City Manager)

City Manager, Doug Dunford, introduced the item.

Council, Planning Commission, and staff discussion included the following items:

1. Transportation
a. Raised concrete street medians vs two-way center turn lanes b. Bike lanes
c. Curb extensions (bulb outs)
i. Commercial and/or residential
d. Speed bumps

2. Residential Growth
a. Single family vs multi-family – preference for one or the other b. Maximum number of stories on housing vs buildings
c. Maximum densities
d. Minium densities - lot sizes

3. Commercial Growth
a. Grocery stores, west side targeting
b. Gas stations - annexations
c. Car Washes - annexations
d. Fast food
e. Grub Hubs
i. Locations
ii. Aesthetics
iii. ADA Compliance
f. RV sales

4. Industrial Growth
a. New areas in general - annexation
b. Storage uses

5. Signage
a. A- frames
b. Digital signs
c. Billboards
d. Flags for advertisements
ITEM 4

DRAFT MINUTES
Special City Council Meeting
City Council and Planning Commission Workshop
January 29, 2024

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on February 12, 2024 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Ther
e being no further business, Mayor Lopez adjourned the meeting at 8:33 p.m.

_____________________________
Javier Lopez, Mayor

____________________________
Fallon Martin, City Clerk

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

ITEM 4
ITEM 4

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: February 12, 2024
Mayor and City Council TO:

FROM: Doug Dunford, City Manager
CONTACT:

SUBJECT:

Shannon Esenwein, Finance Director
[email protected] .ca.us, (209) 538-5765
Register of Audited Demand(s) Dated January 10, 2024 through January 25, 2024
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated January 10, 2024, January 17, 2024, January 18, 2024 and January 25, 2024 covering obligations to be paid by general warrants #128718 through #128936 in the amount of $9,729,205 .56.

I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented herewith a summary of demands against the City of Ceres covering obligations to be paid for the period ending January 25, 2024.

Each demand has been audited and I hereby certify to their accuracy and conformance with the budget. Sufficient funds are available for payment of these demands.

I declare under penalty of perjury that the register of audited demands has been examined by me and to the best of my knowledge and belief is a true, correct and complete listing of claims audited and payable.

Approved by:~ ~ ~
Shannon Esenweln,in ance Director
Attachments :

1. Warrant Register January 10, 2024 through January 25, 2024 ITEM 5
ITEM 5
Check#
128718
Date VND# Vendor Name
01/10/24 1082 ALHAMBRA
128719 01/10/24 1211 AXON ENTERPRISE, INC.
128720 01/10/24 1216 AYERA TECHNOLOGIES ,INC.
128721 01/10/24 1606 CHARTER COMMUNICATIONS
128722 01/10/24 1818 DEL NERO, GARY
128723 01/10/24 1888 DSA-786 DIVISION OF STATE

ARCHITECT
128724 01/10/24 5612 EMILY SARAH RENEE EIKEBERG
128725 01/10/24 1992 FERGUSON ENTERPRISES , INC
Voucher List
City of Ceres
Invoice#
12203096 121523
INUS216401
531705
170060601120123
PO# Invoice Description
DEC 23 LAB DI WATER

ANNUAL MAINTENANCE BWCS AND TASERS
JAN 24 MONTHLY INTERNET SMYRNA PARK
12/1-31/23 INTERNET SVCS FIBER & COPPER
1/29/2024 8:24:07 AM
Total:

Amount

66.95 66.95
137,813.01
Total: 137,813.01
Total:

49.00 49.00
1,449.99
Total: 1,449.99
JAN 2024 JAN PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00

80.00 68.60

68.60 14,00

14.00 JUL-SEPT 23 DSA
796
DECEMBER 23
WP049052
JUL-SEPT 2023 CASP FEE 10%
DEC 23 TURN UP WITH EM

HAND PUMPS & VALVE TRUCK SPRAY FOR VALVES
1/29/2024 8:24:07 AM
Total:

Total:

Total:
623.91
ITEM 5
Checl:# Date VND# Vendor Name
128726 01/10/24 5766 GATEWAY CAR WASH & DETAILING
INC
128727 01/10/24 2134 GEOANAL YTICAL LABORATORIES
128728 01/10/24 2307 HAO VAN LE
128729 01/10/24 5661 KIRKMAN BECK, LLC
128730 01/10/24 5277 INFERRERA CONSTRUCTION
MANAGEMENT GROUP, INC.
128731 01/10/24 2429 INFOSEND, INC.
128732 01/10/24 5272 JANA KIRCHERT
Voucher List
City of Ceres
Invoice# PO#
WP049061
104
J3L0705
P23003093-COC
3861 2
23139
251506
085
Invoice Description

PROBES FOR LOCATING SERVICE
12/16-31/23 CAR WASHES FOR PD
DEC 23 MONTHLY LAB ANALYSIS WWTP
12/13/23 MONTHLY LAB ANALYSIS
TEMP SVCS SECRETARY WE 12/24/23 (R.JOHNSON)
OCT 23 CONST MANAGEMENT LOCAL FACILITIES PROJ
NOV 23 UB STMT PROC, POSTAGE & MAILING
12/11-21/23 GET FIT/ZUMBA GOLD CLASSES
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Amount
457.88
Total: 1,081.79

50.00 Total: 50.00
115.00
Total: 115.00
123.00
Total: 123.00
1,269.20
Total: 1,269.20
7,943.53
Total: 7,943.53
7,583.04
Total: 7,583.04
312.00
ITEM 5
Check# Date VND# Vendor Name
128733 01/10/24 2510 JOHNSON , DAVID J.
128734 01/10/24 5773 LIGHTFORCE USA INC
128735 01/10/24 2763 MANCO
128736 01/10/24 1001 CHRIS PERRY
128737 01/10/24 1001 KATHLEEN BERGMAN
128738 01/10/24 1001 KENJO SERVICES
128739 01/10/24 1001 MA TT BERLIER
Voucher List
City of Ceres
Invoice# PO#
086
Invoice Description
12/27/23-1/4/24 GET FIT/ZUMBA GOLD CLASSES
1/29/2024 8:24:07 AM
Amount
156.00
Total: 468.00
JAN 2024 JAN PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00 Total: 80.00
310617 RIFLE SCOPES 3,000.00
Total: 3,000.00
566960 22400014 (4) SCADA RADIOS FOR LIFT STATION WASTEWATER FY24 8,404.86 Total: 8,404.86
C.PERRY 1/24-25/24 C.PERRY: PER DIEM BUILD A SUPPORTIVE RELATIONSHIP 224.00 Total: 0.00
12/20/23 CHRISTMAS STAFF HOLIDAY LUNCH RAFFLE PRIZES 65.00 Total: 65.00
23-17WTR 23-17 WATER METER REFUND HATCH RD 2,442.80
Total: 2,442.80
BERLIER CATO GAS M.BERLIER: FUEL REIMB FOR 2023 CATO CONF 12/3-6/23 110.21 1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
128740 01/10/24 5362 MISSION LINEN SUPPLY
Voucher List
City of Ceres
Invoice# PO#
520298045
519719007
520712837
520751556
520751549
520104103
520428751
520675703
Invoice Description
10/23/23 UNIFORM SVCS FOR STREETS
7/24/23 UNIFORM SVCS FOR FACILITIES
12/25/23 UNIFORM SVCS FOR PARKS
1/1/24 UNIFORM SVCS FOR WASTEWATER
1/1/24 UNIFORM SVCS FOR PARKS
9/25/23 MAT CLEANING SVCS PW ADMIN
11/13/23 MAT CLEANING SVCS PW ADMIN
12/18/23 UNIFORM SVCS FOR WASTEWATER
1/29/2024 8:24:07 AM
Amount
Total: 110.21

39.32 38.88

57.40 373.16

67.90 10.00

10.00 56.74
520670637 12/18/23 UNIFORM PANTS REPLACEMENT FOR WAST EWATER 48.50 520161409 10/02/23 UNIFORM SVCS FOR PARKS 45.70
520062430 9/18/23 MAT CLEANING SVCS PW ADMIN 10.00
520385892 11/6/23 UNIFORM SVCS FOR PARKS 57.40
520483269 11/20/23 UNIFORM SVCS FOR PARKS 57.40
520342311 10/30/23 UNIFORM SVCS FOR PARKS 57.40
1/29/2024 8:24:07 AM
ITEM 5
Check#
oF C
"'
~
~~
£R W£ ~c;
Date VND# Vendor Name
Voucher List
City of Ceres
Invoice# PO#
520253712
520210850
520675696
520527564
520483289
520385911
520342331
520298042
520527544
520675720
520656636
520675719
520161429
520210869
520253732
Invoice Description
10/16/23 UNIFORM SVCS FOR PARKS
10/9/23 UNIFORM SVCS FOR PARKS
12/18/23 UNIFORM SVCS FOR PARKS
11/27/23 MAT CLEANING SVCS FOR PW ADMIN
11/20/23 MAT CLEANING SVCS FOR PW ADMIN
11/6/23 MAT CLEANING SVCS FOR PW ADMIN
10/30/23 MAT CLEANING SVCS FOR PW ADMIN
10/23/23 MAT CLEANING SVCS FOR PW ADMIN
11/27/23 UNIFORM SVCS FOR PARKS
12/18/23 UNIFORM SERVICES STREETS
12/11/23 UNIFORM SVCS FOR STREETS
12/18/23 UNIFORM SVCS FOR FLEET
10/2/23 MAT CLEANING SVCS FOR PW ADMIN
10/9/23 MAT CLEANING SVCS FOR PW ADMIN
10/16/23 MAT CLEANING SVCS FOR PW ADMIN
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Amount

57.40 45.70

45.70 10.00

10.00 10.00

10.00 10.00

57.40 44.37

48.50 31 .51

10.00 10.00

10.00 ITEM 5
Chee<# Date VND# Vendor Name
128741 01/10/24 2943 MODESTO BATTERY CO
128742 01/10/24 2947 MODESTO STEEL COMPANY, INC
Voucher List
City of Ceres
Invoice#
520253733
520161430
520210870
520675717
520483290
520428752
520104104
520062431
520298043
520342332
250910
423615
PO# Invoice Description
10/16/23 UNIFORM SVCS FOR FACILITIES
10/2/23 UNIFORM SVCS FOR FACILITIES
10/9/23 UNIFORM SVCS FOR FACILITIES
12/18/23 MAT CLEANING SVCS FOR PW ADMIN
11/20/23 UNIFORM SVCS FOR FACILITIES
11/13/23 UNIFORM SVCS FOR FACILITIES
9/25/23 UNIFORM SVCS FOR FACILITIES
9/18/23 UNIFORM SVCS FOR FACILITIES
10/23/23 UNIFORM SVCS FOR FACILITIES
10/30/23 UNIFORM SVCS FOR FACILITIES

ENTRY GATE BACKUP BATTERY
1/29/ 2024 8:24:07 AM
Amount

30.08 32.06

30.08 10.00

26.48 26.48

36.46 36.46

30.08 30.08
Total: 1,628.64

82.98 Total:

METAL FOR POLICE RADAR TRAILER CAMERA ENCLOSURE

82.98 24.81

24.81 Total:
1/29/2024 8:24:07 AM
ITEM 5
Check#
128743
Date VND # Vendor Name
01/10/24 3100 ONTEL SECURITY, INC.
128744 01/10/24 5767 APLPD HOLDCO, INC.
128745 01/10/24 3495 SAFE T LITE OF MODESTO INC
Voucher List
City of Ceres
Invoice#
39211
39055-1
39054-1
39054-2
39055-2
39055-3
PODS006061220
PODS006262085
PODS006446787
395140
393255
394345
PO# Invoice Description
DEC 23 RIVERBLUFF PARK SECURITY PATROL
11/17/23 SECURITY SVCS CC EVENT LRG RM
11/18/23 SECURITY SVCS CALMB EVENT
11/25/23 SECURITY SVCS CALMB EVENT
11/18/23 SECURITY SVCS CC EVENT LRG RM
11/18/23 SECURITY SVCS CC EVENT SML RM
1/29/2024 8:24:07 AM
Amount
2,125.00
677.60
762.30
462.00
877.80
639.10
Total: 5,543.80

PODS M UNIT FOR SMYRNA SKATEPARK MATERIAL STORAGE

PODS M UNIT FOR SMYRNA SKATEPARK MATERIAL STORAGE

PODS M UNIT FOR SMYRNA SKATEPARK MATERIAL STORAGE
365.48
258.18
258.18

SAFETY GEAR FOR JAIME VILLEGAS/ ADAM WEST

PAINT FOR LISA'S
NO TRESPASSING & 24 HR SURVEILLANCE SIGNS SMYRNA
Total: 881.84
299.91

92.63 225.40
Total: 617.94
1/29/2024 8:24:07 AM
ITEM 5
Check # Date VND# Vendor Name
128746 01/10/24 3759 STANISLAUS FARM SUPPLY INC
128747 01/10/24 3842 THE CERES COURIER INC.
128748 01/10/24 5676 TL ENGINEERING
128749 01/10/24 3905 TURF STAR INC
128750 01/10/24 5778 VIP AUDIO VISUAL COMPANY INC
128751 01/10/24 4090 WEST COAST ARBORISTS, INC.
128752 01/10/24 4111 WILLE ELECTRIC SUPPLY , INC.

Voucher List
City of Ceres
Invoice# PO#
101203837
356012
1356 22400045
7312554-00
3-87564
3-87565
208512
Invoice Description

CORE TEST RIVER BLUFF
11/22-29/23 LEGAL AD TCP CC#11-3 NOTICE 2023
10/29-12/1 HATCH RD CLASS I BIKE PATH PHASE V PROJ

BLADE CUP & DECK SIDES FOR PARKS TARO MOWER
12/11/23 TECH SUPPORT COUNCIL MEETING
11/13/23 TECH SUPPORT COUNCIL MEETING

SMYRNA PARK IMPROVEMENTS
1/29/2024 8:24:07 AM
Amount
320 .00
Total: 320.00
600.00
Total: 600.00
3,898 .00
Total: 3,898.00
496.12
Total: 496.12
840.00
840.00
Total: 1,680.00
1,447.50
Total: 1,447.50
S2175274 .001 PLUG ON BREAKER FOR SMYRNA IMPROVEMENT PROJECT 65.19 Total: 65.19
1/29/2024 8:24:07 AM
ITEM 5
Check#
128753
Date VND# Vendor Name
01/10/24 4112 WILLEY PRINTING CO., INC.
128754 01/17/24 5480 1ST SECURITY & SOUND, INC
Voucher List
City of Ceres
Invoice#
149260
0232030
29747
PO#
128755 01/17/24 5789 ADF PROTECTION SERVICES 3940
128756 01/17/24 1039 ADTECH INC
128757 01/17/24 5609 ALL STAR TROPHIES & SIGNS, LLC.
128758 01/17/24 5391 AMAZON CAPITAL SERVICES . INC.
3985
3939
378407
10/4/23
11VK-GJMJ-NPQK
11VK-GJMJ-43C9
1/29/2024 8:24:07 AM
Invoice Description Amount
J.AGUIRRE: BUSINESS CARDS 71 .53
Total: 71 .53
FEB-APR 24 ALARM MONITORING @ 1921 ROCKEFELLER DR 269.85 REWIRED CAMERA TO NEW BUILDING AT ROCKEFELLER 125.00
Total: 394.85
12/16/23 SECURITY SVCS CC EVENT SML RM 630.00
1/6/24 SECURITY SVCS CC EVENT LRG RM 1,080.00
12/16/23 SECURITY SVCS CALMS EVENT 1,080.00
Total: 2,790.00
JAN 24 SCADA SERVER MONTHLY MONITORING 100.00
Total: 100.00
MILITARY BANNERS 2,607.00
Total: 2,607.00
GREASE GUN,GUN LOCK, END HOSE-FLEET 114.72
COPY PAPER OFFICE SUPPLIES FLEET 62.79
1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
Voucher List
City of Ceres
Invoice#
1VCL-FKMX-FHYT
PO# Invoice Description

VACUUM CLEANER TOOLS FOR FLEET/SHOP
128759 01/17/24 1122 AMERICAN PAVEMENT SYSTEMS INC 4306 22400051 PP3 2022 PAVEMENT RESURFACING PROJECT RESO23-73 128760 01/17/24 1183 AT & T
128761 01/17/24 1184 AT&T
128762 01/17/24 1185 AT&T
128763 01/17/24 1186 AT&T
311490514 DEC 23
223-841-5496 DEC 23
000021003795
000021002211
000021080363
000020974410
6908193806
12/12-1/11/24 HIGH TECH CRIMES LINE
12/7-1/6/24 FIRE ALARM SVCS - PHONE LINE
11/20-12/19/23 PHONE SVCS MULTIPLE LINES
11/20-12/19/23 T1 LINE CONNECTION CORP YD-CTY HALL
12/7-1/6/24 CH SUPERTRUNK PAC BELL T-1 LINE
11/13-12/12/23 CLETS LINE CONNECTION
NOV 23 PHONE SVCS - SHORETEL
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Total:

Amount

24.93 202.44
201 ,827.50
Total: 201,827.50
Total:

Total;

84.89 84.89

31.43 31.43
371 .32
162.11
772.78
293.31
Total: 1,599.52
4,889.66
Total: 4,889.66
ITEM 5
Check# Date VND# Vendor Name
128764 01/17/24 5626 ATCO MANUFACTURING CO.
128765 01/17/24 1199 AVENU MUNISERVICES
128766 01/17/24 1216 AYERA TECHNOLOGIES .INC.
128767 01/17/24 1279 BAUER COMPRESSORS , INC
128768 01/17/24 1289 BEAR ELECTRICAL SOLUTIONS , INC
128769 01/17/24 1465 CALIFORNIA PROPANE
Voucher List
City of Ceres
Invoice# PO#
10623729
I NV06-017926
I NV06-017927
INV06-017928
527994
0000316044
21264
21265
022439
Invoice Description

MARKING PAINT FOR SOCCER FIELD
OCT 23 PROCESSING BL ADMIN SVCS (67) LICENSES
NOV 23 PROCESSING BL ADMIN SVCS (67) LICENSES
DEC 23 PROCESSING BL ADMIN SVCS (67) LICENSES
JAN 24 MONTHLY INTERNET SVCS FOR FLEET DEPT
SERVICE REPAIRS F/S #3
DEC 23 TRAFFIC SIGNAL RESPONSE VARIOUS LOCATIONS
DEC 23 TRAFFIC SIGNAL MAINTENANCE ROUTINE

PROPANE FOR TREATMENT PLANT BUILDING HEATING
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Amount
243.75
Total: 243 .75
710.87
689.65
657.82
Total: 2,058 .34

59.00 Total: 59.00
600.00
Total: 600.00
1,469.00
3,028.00
Total: 4,497.00
551 .63
Total: 551.63
ITEM 5
Chect # Date VND # Vendor Name
128770 01/17/24 5753 AMANDA FENTON
128771 01/17/24 1491 CAR WASH PARTNERS, INC.
128772 01117124 5774 GEN CAL ELECTRIC INC
128773 01117/24 1573 CERES PRO TOW
128774 01117124 1606 CHARTER COMMUNICATICNS
128775 01/17124 1606 CHARTER COMMUNICATIONS
Voucher List
City of Ceres
Invoice#
2024CAP021
219504
219907
1432
45611
45710
46209
170060501120123
170061001010124
PO#
22400037
22400043
1/29/2024 8:24:07 AM
Invoice Description Amount
DEC 23 FEDERAL ADVOCACY & GRANT WRITING SVCS 5,600.00
Total: 5,600.00
DEC 23 CAR WASHES FOR PW ACCT #12605 160.00
DEC 23 CAR WASHES FOR PD ACCT #12794 275.00
Total: 435.00
UPS INSTALLATION FOR'PD RESO23-137 PROGRESS PYMNT 79,150.00 Total: 79,150.00
FLAT TIRE- UNIT 112 25.00
FLAT BED TOW TO CORP YARD-WC VEHICLE 25.00
EVIDENCE TOW 80.00
Total: 130.00
12/1-31123 PD CABLE SVCS 240.38
Total: 240.38
1/1-31/24 INTERNET FOR SCADA WW 259.96
Total: 259.96
1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
128776 01/17/24 1606 CHARTER COMMUNICATIONS
128777 01/17/24 1606 CHARTER COMMUNICATIONS
128778 01/17/24 1643 CITY OF MODESTO
128779 01/17/24 1644 CITY OF MODESTO
128780 01/17/24 1644 CITY OF MODESTO
128781 01/17/24 1644 CITY OF MODESTO
128782 01/17/24 1646 CITY OF TURLOCK
128783 01/17/24 1646 CITY OF TURLOCK
Voucher List
City of Ceres
Invoice# PO#
170062001010124
170060201010124
JAN 2024
315721-133356 DEC
23 315721-134894 DEC
23 253025-234516 NOV 22400013
23 2023-028
2023-029
Invoice Description
1/1-2/3/24 SCADA FIBER OPTIC SVC CONNECTION
1/1-31/24 CABLE SVCS FOR FLEET
JAN 24 FIRE PROTECTION PREVENTION
11/27-12/26/23 WTR SVCS FS#2 (19)
11/28-12/29/23 WATER SVCS ROW@ RICHLAND AVE
10/31-11/30/23 NORTH CERES SEWER SERVICES FY23/24
JUL-SEPT 23 3RD QTR SRWA SHARE OF COST
OCT-DEC 23 4TH QTR SRWA SHARE OF COST
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Amount
360.00
Total: 360.00
109.06
Total: 109.06
619,189.63
Total: 619,189.63
81 .51
Total: 81.51

36.98 Total: 36.98
135,091.11
Total: 135,091.11
4,046,997 .00
Total: 4,046,997 .00
2,405,567 .00
ITEM 5
Check# Date VND# Vendor Name
128784 01/17/24 1646 CITY OF TURLOCK
128785 01/17/24 1646 CITY OF TURLOCK
128786 01/17/24 1648 CIVICPLUS, INC
128787 01/17/24 1659 COIT SERVICES
128788 01/17/24 1723 CR RANCH, INC.
128789 01/17/24 1733 CRESCENT SUPPLY
128790 01/17/24 1793 DAVID LANGLEY INC.

Voucher List
City of Ceres
Invoice# PO#
P000021-001 NOV23 22400008
P000021-001 DEC23 22400008
282148
MOD-C-000882471
67032
069944
069945
14081-290
Invoice Description
NOV 23 TURLOCK SEWER USE CHARGES FY23/24
DEC 23 TURLOCK SEWER USE CHARGES FY23/24

CIVIC PLUS PW WEBSITE CHARGES
BIOHAZARD CLEANUP - UNIT 104
BOARDING - K9 VEKO

UNIFORM - CHAPLAIN BROYLES

UNIFORM - CHAPLAIN BROYLES
JAN 24 JANITORIAL SVCS COMM CNTR
1/29/2024 8:24:07 AM
1/29/ 2024 8:24:07 AM
Amount
Total: 2,405,567.00
80,603.54
Total: 80,603.54
83,110.62
Total: 83,110.62
889.27
Total: 889.27
175.00
Total: 175.00
256.50
Total: 256.50
81 .38

84.89 Total: 166.27
5,515.25
ITEM 5
Check# Date VND# Vendor Name
128791 01/17/24 5400 DITTOS COPY CENTER, INC.
128792 01/17/24 5589 E SOURCE COMPANIES LLC
128793 01/17/24 1993 FERGUSON WATERWORKS #1423
128794 01/17/24 2131 GDR ENGINEERING, INC.
128795 01/17/24 2134 GEOANALYTICAL LABORATORIES
Voucher List
City of Ceres
Invoice# PO#
201957
11735
1832607
28546
Invoice Description
3X4 PRESSED ALUMINUM SIGN OCHOA PRK IMPRVMNTS

ANNUAL WATER AUDIT VALIDATION

GLOVES FOR WORKING-TAPE FOR SERVICE TRUCK
NOV 23 CITY ENGINEERING & LAND SUVEYING SVCS
DEC 23 WATER SAMPLE ANALYSIS WQP DIST
DEC 23 WATER SAMPLE ANALYSIS W39 & 40
DEC 23 WATER SAMPLE ANALYSIS W28 & 38
DEC 23 WATER SAMPLE ANALYSIS DIST 13
AUG 23 WATER SAMPLE ANALYSIS URANIUM W22
1/29/2024 8:24:07 AM
Amount
Total: 5,515.25
261 .30
Total: 261 .30
2,700.00
Total: 2,700 .00

94.36 Total: 94.36
1,512.00
Total: 1,512 .00
1,199.00
41 .00

41.00 520.00

85.00 J3L2611
J3L2610
J3L2609
J3L2608
J3H2811
J3L1820 DEC 23 WATER SAMPLE ANALYSIS NITRATE W28&38 REPEAT 41 .00
1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
Voucher List
City of Ceres
Invoice# PO#
J3L1908
K4A0312
K4A0313
K4A0315
J3L1203
J3L1303
J3L1816
J3L1817
J3L1818
J3L1819
J3L0531
J3L0532
J3L1107
J3L 1108
J3L1109
1/29/ 2024 8:24:07 AM
Invoice Description Amount
DEC 23 WATER SAMPLE ANALYSIS WQP REPEAT 5,258.00
JAN 24 WATER SAMPLE ANALYSIS NITRATE W28&38 41 .00
JAN 24 WATER SAMPLE ANALYSIS DIST 13 520.00
JAN 24 WATER SAMPLE ANALYSIS NITRATE W39 & 40 41.00
DEC 23 WATER SAMPLE ANALYSIS WQP REPEAT 1,166.00
DEC 23 WATER SAMPLE ANALYSIS W38 277.75
DEC 23 WATER SAMPLE ANALYSIS DIST 13 REPEAT 520.00
DEC 23 WATER SAMPLE ANALYSIS W38 REPEAT 34.00
DEC 23 WATER SAMPLE ANALYSIS W22 URANIUM 91 .00
DEC 23 WATER SAMPLE ANALYSIS NITRATE W39&40 REPEAT 41 .00 DEC 23 WATER SAMPLE ANALYSIS W28 & 38 1,017.50
DEC 23 WATER SAMPLE ANALYSIS WELLS 1,257.00
DEC 23 WATER SAMPLE ANALYSIS DIST 13 REPEAT 520.00
DEC 23 WATER SAMPLE ANALYSIS TANK 3.0 40.00
DEC 23 WATER SAMPLE ANALYSIS NITRATE W39&40 REPEAT 41 .00 1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
128796 01/17/24 2225 GRAINGER
Voucher List
City of Ceres
PO#
1/29/2024 8:24:07 AM
Invoice Description Invoice#
J3L 1110 DEC 23 WATER SAMPLE ANALYSIS NITRATE W28&38 REPEAT Amount

41.00 J3K2012
J3K2823
J3K2824
J3L0407
J3L0409
J3L0530
J3I0511
J3I0512
J3I0513
J3J0317
J3J1011
J3J1907
9939675345
NOV 23 WATER SAMPLE ANALYSIS WQP
NOV 23 WATER SAMPLE ANALYSIS WQP REPEAT
NOV 23 WATER SAMPLE ANALYSIS WQP REPEAT
DEC 23 WATER SAMPLE ANALYSIS WQP
DEC 23 WATER SAMPLE ANALYSIS WQP REPEAT
DEC 23 WATER SAMPLE ANALYSIS W39 & 40
SEPT 23 WATER SAMPLE ANALYSIS DIST 13
SEPT 23 WATER SAMPLE ANALYSIS NITRATE W28 & 38
SEPT 23 WATER SAMPLE ANALYSIS NITRATE W39&40
OCT 23 WATER SAMPLE ANALYSIS Q3 TTHM
OCT 23 WATER SAMPLE ANALYSIS W22 URANIUM
OCT 23 WATER SAMPLE ANALYSIS W27 REPEAT

GLOVES & HYDRANT WRENCHES
1/29/2024 8:24:07 AM
6,110.00
6,705.00
5,390.00
6,705.00
5,390.00
1,295.25
520.00
41 .00
41 .00
1,796.00

85.00 68.00
Total: 46,979.50
505.20
ITEM 5
Check# Date VND# Vendor Name
128797 01/17/24 2232 GREEN RUBBER-KENNEDY AG
Voucher List
City of Ceres
Invoice#
M-503672
M-503664
PO# Invoice Description

BUSHING FOR SADDLE-ON TAPS-FOR MAINS

FILL HOSE COUPLER & CLAMPS
1/29/ 2024 8:24:07 AM
Total:

Amount
505.20

74.54 115.24
Total: 189.78
128798 01/17/24 2246 GROVER LANDSCAPE SERVICES, INC 0321724 22400017 DEC 23 DOWNTOWN BUSINESS LANDSCAPING SVCS FY23/24 1,820.00 128799 01/17/24 2288 HACH COMPANY INC
128E00 01/17/24 2329 HERITAGE-CRYSTAL CLEAN, LLC
128E01 01/17/24 5661 KIRKMAN BECK, LLC
128E02 01/17/24 5282 HUNT & SONS, INC.
13855504
18416288
38772
783737
796093
796094

NITRATE ANALYSER CALIBRATION

SHOP/ FLEET PARTS WASH MACHINE
TEMP SVCS SECRET ARY WE 1/7/24 (R.JOHNSON)
12/1-15/23 FUEL FOR PW ACCT #76078
12/16-30/23 FUEL FOR PW ACCT #76078
12/16-31/23 FUEL FOR PD ACCT #76081
1/29/202 4 8:24:07 AM
Total: 1,820.00
3,023.54
Total: 3,023.54
Total:
574.77
574.77
765.60
Total: 765.60
8,152.79
4,410.66
6,762.87
ITEM 5
Check# Date VND# Vendor Name
Voucher List
City of Ceres
Invoice#
783738
PO#
128803 01/17/24 2411 1.C. REFRIGERATION SERVICE, INC. ZC36281 128804 01/17/24 2419 IEH-JL ANALYTICAL SERV INC.
128805 01/17/24 5277 INFERRERA CONSTRUCTION
MANAGEMENT GROUP, INC.

ZC36278
ZC36272
ZC36274
ZC36276
ZC36275
ZC36280
2436203
621637
23156
Invoice Description
12/1-15/23 FUEL FOR PD ACCT #76081
ANNUAL FIRE SPRINKLER INSPECTION F/S #3
ANNUAL FIRE SPRINKLER INSPECTION F/S #4
1/29/2024 8:24:07 AM
Amount
7,501.18
Total: 26,827.50
195.00
295.00

ANNUAL FIRE SPRINKLER INSPECTION CERES COMM CNTR

ANNUAL FIRE SPRINKLER INSPECTION P/S
195.00
195.00
195.00
201 .50
295.00
125.00

ANNUAL FIRE SPRINKLER INSPECTION LEGION HALL

ANNUAL FIRE SPRINKLER INSPECTION CORP YRD
ANNUAL FIRE SPRINKLER INSPECTION F/S #1
HVAC SERVICES FOR F/S #1
DEC 23 WATER SAMPLE ANALYSIS HPC
NOV 23 CONST MANAGEMENT LOCAL FACILITIES
Total: 1,696.50
Total:

60.00 60.00
2,789.33
Total: 2,789.33
1/29/2024 8:24:07 AM
ITEM 5
Voucher List
City of Ceres
Check # Date VND # Vendor Name
128806 01/17/24 2429 INFOSEND, INC.
128807 01/17/24 5685 JEREMY DAMAS
Invoice#
2541 88
253508

12.2023.2
1288·)8 01/17/24 2501 JOCELYNE. ROLAND, PH.D., ABPP 22384 1288)9 01/17/24 2529 JORGENSEN & COMPANY, INC
128810 01/17/24 2592 KJELDSEN, SINNOCK & NEUDECK,
INC.
6102938
36717
128811 01/17/24 2835 MCFADDEN CONSTRUCTION, INC PP2
128812 01/17/24 2909 MGT OF AMERICA CONSULTING, LLC 56149 PO#
22300103
22400018
22400044
1/29/2024 8:24:07 AM
Invoice Description Amount
DEC 23 UB ONLINE MAINT & SUPPORT FEE 475.00
DEC23 UB STATMENT PROCESSING & POSTAGE 6,617.17
Total: 7,092.17
12/11-25/23 PW PROJECT MANAGEMENT AND CONSULTATION 6,400.00 Total: 6,400.00
PRE-EMPLOYMENT PSYCH EXAM - LOPEZ 475.00
Total: 475.00
SHOE COVERS 16.26
Total: 16.26
NOV 23 HATCH RD 18-INCH WATER TRANSMISSION LINE 32,828.63 Total: 32,828.63
PP2 NOV 23 SMYRNA PARK IMPROVEMENTS FY23/24 322,181.69
Total: 322,181.69
FY24 SB90 NEW AND ANNUAL CLAIMS Q2 1,625.00
Total: 1,625.00
1/29/2024 8:24:07 AM
ITEM 5
Check#
128813
Date VND# Vendor Name
01/17/24 1001 DAVID MCCANN
128814 01/17/24 1001 DELIUI.H VASQUEZ
128815 01/17/24 1001 DOUGUI.S D. DUNFORD
128816 01/17/24 1001 MIGUELJIMENEZ
128817 01/17/24 1001 SHANNON ESENWEIN
128818 01/17/24 1001 DOUG DUNFORD
128819 01/17/24 5599 TW ASSOCIATES , LLC
Voucher List
City of Ceres
Invoice#
D.MCCANN REIMB
CE
D.VASQUEZ 1/25-
26/24
D.DUNFORD 1/24-
25/24
D.DUNFORD

MILEAGE
M.JIMENEZ REIMB
S.ESENWEIN 1/30-
2/2
D.DUNFORD 2/7-9/24
20384PABR
20516PABR
PO# Invoice Description

REIMB FOR ILLEGAL DUMP CAMERA PROJ-CODE ENF
1/29/2024 8:24:07 AM
Amount
597.05
Total: 597.05
D.VASQUEZ: MILEAGE CSJVRMA 39TH ANNUAL WORKSHOP 155.44
Total: 155.44
D.DUNFORD:PER DIEM BUILD A SUPPORTIVE REUI.TIONSHIP
D.DUNFORD: MILEAGE POLICE CHIEF & CM CONF 1/24-25
224.00
471.68

0.00 229.25
Total:

M.JIMENEZ: REIMB FOR TRNG MTRLS WATER TRTMNT CERT
S.ESENWEIN : PER DIEM & MILEAGE CSMFO CONF 1/30-2/2
D.DUNFORD: PER DIEM & MILEAGE LOCC CM CONF 2/7-9
REPUI.CEMENT CHLORINE SENSOR WELL 41
CHLORINE PUMP REPUI.CEMENT WELL #41
Total: 229.25
310.00
Total: 310.00
610.34
Total: 610.34
1,873.76
5,000.31
1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
128820 01/17/24 5362 MISSION LINEN SUPPLY
Voucher List
City of Ceres
Invoice#
19891PABR
520712862
520675721
520796547
520751573
520751571
520796545
520796528
520796522
520796546
520796543
520712860
520751570
520675718
PO# Invoice Description

SPARE PARTS FOR CHLORINE PUMPS AT VARIOUS WELLS
12/25/23 UNIFORM SERVICES WATER
12/18/23 UNIFORM SVCS FOR WTR/WTR CONSERVATION
1/8/24 UNIFORM SVCS FOR WTR/WTR CONSERVATION
1/1/24 UNIFORM SVCS FOR WTR/WTR CONSERVATION
1/1/24 UNIFORM SVCS FOR FLEET
1/8/24 UNIFORM SVCS FOR FLEET
1/8/24 UNIFORM SVCS FOR WWTP
1/8/24 UNIFORM SVCS FOR PARKS
1/8/24 UNIFORM SVCS FOR STREETS
1/8/24 MATS SERVICES PW ADMIN BUILDING
12/25/23 UNIFORM SVCS FOR FLEET
1/1/24 UNIFORM SVCS FOR FACILITIES
12/18/23 UNIFORM SVCS FOR FACILITIES
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Amount
4,467 .79
Total: 11,341.86

80.22 234.71

82.64 121 .14

31.51 31.51

72.98 57.40
51 .91

10.00 31.51

26.48 26.48
ITEM 5
Check# Date VND# Vendor Name
128821 01/17/24 2943 MODESTO BATTERY CO
128822 01/17/24 5768 MONUMENT ROW
128823 01/17/24 2990 MOTOR PARTS DISTRIBUTORS INC
Voucher List
City of Ceres
Invoice# PO#
520428731
520298022
520712861
520712681
520751572
520712843
520751569
520712858
251412
1865 22400040
STMNT 12/26/23
Invoice Description
11/13/23 UNIFORM SVCS FOR PARKS
10/23/23 UNIFORM SVCS FOR PARKS
12/25/23 UNIFORM SVCS FOR STREETS
12/25/23 UNIFORM SVCS FOR STREETS
1/1/24 UNIFORM SVCS FOR STREETS
1/1/24 UNIFORM SERVICES WASTEWATER
1/1/24 MATS CLEANING SVCS PW ADMIN
12/25/23 MATS CLEANING SVCS PW ADMIN

ALARM BATTERIES FOR STOCK
DEC 23 ROW AQUISITION SVCS SERVICE/MITCHELL IC
OIL.FIL TERS,WIPER BLADES ,GLOVES,TIRE SENSOR,FUSE
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Amount

57.40 57.40
51 .91
48,50
51 .91

64.18 10.00

10.00 Total: 1,209.79
180.63
Total: 180.63
2,713.75
Total: 2,713.75
2,853.29
Total: 2,853.29
ITEM 5
~ .
0~
OF C
. -,,__.
,e,:r
- /teR wt
Check # Date VND # Vendor Name
128824 01/17/24 5771 NOR CAL SIGNAL SUPPLY LLC
128825 01/17/24 3062 NORTHSTAR CHEMICAL
128826 01/17/24 3088 O'DELL ENGINEERING
128827 01/17/24 3102 O'REILLY AUTO PARTS
128828 01/17/24 5583 ODP BUSINESS SOLUTIONS, LLC
128829 01/17/24 3090 OFFICE TEAM
Voucher List
City of Ceres
Invoice#
1251-1
271012
4157014
4452-370905
345039931001
345849218001
6296238 1
62994362
63058475
63073885
PO#
22300066
Invoice Description

BATTERY FOR TRAFFIC SIGNAL BBS AT HATCH/RICHLAND
CL2 FOR WELL #38-28
11/6-12/3/23 SMYRNA PARK IMPROVEMENTS FY22/23
HEADLIGHTS TAHOE #10-288 POLICE DEPT

OFFICE SUPPLIES - BINDERS AND KLEENEX

PRINTER INK FOR COUNCIL
TEMP SVCS UTILITY CLERK W/E 12/15/23 (J.SANTIAGO)
TEMP SVCS UTILITY CLERK W/E 12/22/23 (J. SANTIAGO)
TEMP SVCS UTILITY CLERK W/E 1/5/24 (J.SANTIAGO)
TEMP SVCS UTILITY CLERK W/E 1/12/24 (J.SANTIAGO)
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Amount
1,854.82
Total: 1,854.82
650.04
Total: 650.04
7,919.83
Total: 7,919.83
206.97
Total: 206.97
9122
405 ,43
Total: 496.65
1,386.00
1,316.70
846.24
1,128.32
ITEM 5
Check# Date VND# Vendor Name
128830 01/17/24 5534 PRESSURE WASHER CENTER INC.
128831 01/17/24 3129 PACIFIC GAS & ELECTRIC
128832 01/17/24 3156 PARKSON CORPORATION
128833 01/17/24 5700 PEZZONI ENGINEERING, INC
128834 01/17/24 5466 POWERGEN, INC.
128835 01/17/24 3335 RAY R. LOPEZ
128836 01/17/24 1004 MARGARITA MARTINEZ DE LIRA
Voucher List
City of Ceres
Invoice# PO#
92084
DEC 2023
Invoice Description

PRESSURE WASHER REPAIR FOR FLEET
DEC 23 GAS SVCS
1/29/2024 8:24:07 AM
Amount
Total: 4,677.26
889.13
Total: 889.13
14,499.71
Total: 14,499.71
AR 1/51039008 22400022 WASTE WTR RPRS & UPGRADE TO MAIN HEADWORKS SCREEN 540.80 Total: 540.80
23-949-001 22300106 POLICE DEPT ELECTRICAL UPS REPLACEMENT 4,455.00 Total: 4,455.00
23-1933 WELL #38 REPAIR FOR GENERATOR 760.00
23-1932 SERVICE ON BATTERY CHARGER FOR F/S #1 950.00
Total: 1,710.00
10911 POLICE DETECTIVE REAR BUMPER REPAIR 1,125.00
Total: 1,125.00
64287967 MARTINEZ DE LIRA P5873 11/4/23 RFND CC LRG RM 1,000.00 1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
128837 01/17/24 1004 ROSALVA CUEVAS
128838 01/17/24 5675 RELIASTAR LIFE INSURANCE

COMPANY
128839 01/17/24 3677 SJVAPCD
128840 01/17/24 3677 SJVAPCD
128841 01/17/24 3677 SJVAPCD
128842 01/17/24 3677 SJVAPCD
128843 01/17/24 2483 SNS AUTOMATION
Voucher List
City of Ceres
Invoice# PO#
64301933
12A5281914
N160902
N160900
N160901
N160903
12 2023-2
Invoice Description
CENDEJAS P606811/18/23 RFND CC LRG RM
DEC 23 ACCIDENT/ILLNESS/HOSPITAL PREMS #0073144-7
AIR BOARD - ANNUAL GENERATOR PERMIT WELL 38 N8876
AIR BOARD -ANNUAL GENERATOR PERMIT WELL 34 N8874
AIR BOARD - ANNUAL GENERATOR PERMIT WELL 28 N8875
AIR BOARD -ANNUAL GENERATOR PERMIT WELL 21 N8877
DEC 23 SCADA SYSTEM INTERGRATION RESO22-05
1/29/2024 8:24:07 AM
1/29/ 2024 8:24:07 AM
Amount
Total: 1,000.00
1,000.00
Total: 1,000.00
2,082.24
Total: 2,082.24
290.00
Total: 290.00
290.00
Total: 290.00
290.00
Total: 290.00
290.00
Total: 290.00
7,245.00
Total: 7,245.00
ITEM 5
Check# Date VND# Vendor Name
128844 01/17/24 3736 STANDARD INSURANCE
128845 01/17/24 3737 STANISLAUS ANIMAL SERVICES
AGENCY
128846 01/17/24 5682 STANTEC CONSUL TING SERVICES
INC.
128847 01/17/24 3807 SWRCB ACCOUNTING OFFICE
128848 01/17/24 3808 SWRCB ACCOUNTING OFFICE
128849 01/17/24 5291 T-MOBILE USA, INC
128850 01/17/24 3820 TARGET SPECIAL TY PRODUCTS INC
Voucher List
City of Ceres
Invoice# PO#
JAN 24 LIFE INS
R23-566029
R23-566031
R23-566027
2174289 22400046
WD-0260781
LW-1046022
987694971 DEC 2023
INVP501353919
Invoice Description
JAN 24 BASICNOL LIFE INSURANCE
2ND QUARTER DEBT SERVICE ANIMAL CONTROL
1 ST QUARTER OPERATIONAL COSTS ANIMAL SVCS
1 ST QUARTER DEBT SERVICE ANIMAL CONTROL
NOV 23 SEWER MASTER PLAN RESO23-124 FY23/24

RIVER BLUFF LOWER TERRACE ANNUAL PERMIT FEES
ANNUAL PERMIT FOR WATER SYSTEM 7/1-6/30/24
DEC 23 PHONE SVCS

WWTP WEED ABATEMENT HERBICIDE
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Amount
3,025.43
Total: 3,025 .43
11 ,011 .00
161,829.50
11,011.00
Total: 183,851 .50
17,553.50
Total: 17,553 .50
2,509.00
Total: 2,509 .00
39,409.06
Total: 39,409 .06
4,081.56
Total: 4,081 .56
2,115.27
ITEM 5
Check# Date VND# Vendor Name
128851 01/17/24 5676 TL ENGINEERING
128852 01/17/24 3870 TOP DOG POLICE K9 TRAINING AND

CONSUL TING, LLC
128853 01/17/24 5590 INTELLIGENT MARKING USA INC.
128854 01/17/24 3906 TURLOCK IRRIGATION DISTRICT
128855 01/17/24 4053 W.M. LYLES CO.

Voucher List
City of Ceres
Invoice# PO#
1373 22400045
1378 22400039
1377 22400056
23-11
23-12
34552 22300028
34557 22300028
JAN 2024
PP07 22200371
1/29/2024 8:24:07 AM
Invoice Description Amount
Total: 2,115.27
DEC 23 HATCH RD CLASS I BIKE PATH PHASE V PROJ 9,249.45 DEC 23 TRAFFIC SIGNAL IMPROVEMENTS HSIPSL-5241(077 22,826.49 DEC 23 HSIPSL (076) MEDIAN INSTALLATION RESO23-129 15,324.45 Total: 47,400.39
11/7 & 11/21/23 K9 TRAINING (4) TEAMS 900.00
12/6 & 12/19/23 K9 TRAINING (4) TEAMS 900.00
Total: 1,800.00
LINE STRIPERS & MTRLS, SUPPLIES FOR PARKS DIVISION 4,333.92 LINE STRIPERS & MTRLS, SUPPLIES FOR PARKS DIVISION 4,333.92 Total: 8,667.84
JAN 24 ELECTRICITY SVCS 91,769.34
Total: 91,769.34
NOV 23 WELL 16 GAG CHAMBER PROJ RESO21-127 FY21/22 22,575.92 Total: 22,575.92
1/29/2024 8:24:07 AM
ITEM 5
F
· -
'' .... ~
OC".
°c'l', 11£R Wi.

Check# Date VND # Vendor Name
128856 01/17/24 4090 WEST COAST ARBORISTS, INC.
128857 01/17/24 4092 WEST COAST SOUND & LIGHT
128858 01/17/24 4095 WEST YOST & ASSOCIATES
128859 01/17/24 1627 WHITE BRENNER LLP
128860 01/17/24 4111 WILLE ELECTRIC SUPPLY. INC.

Voucher List
City of Ceres
Invoice#
209262
206907
206385-A
208757-A
3519CR
3603
3559
2056434
49005
S2175511 .001
PO# Invoice Description
12/16-31/23 GRID PRUNE
10/16-31/23 GRID PUNE
10/1-15/23 TREE SVC REQUEST & EMERGENCIES
12/1-15/23 GRID PRUNE-ARPA
1/29/2024 8:24:07 AM
Amount
3,124.80
28,904.40
4,390.75
31 ,029.15
Total: 67,449.10
22300042 AUDIO-VISUAL UPGRADES FOR COUNCIL CHAMBERS FY22/23 22300042 AUDIO-VISUAL UPGRADES FOR COUNCIL CHAMBERS FY22/23 22300042 AUDIO-VISUAL UPGRADES FOR COUNCIL CHAMBERS FY22/23 -12,527.64
19,703.54
7,179.36
22400049 11/4-12/8 WATER MASTER PLAN RESO23-125 FY23/24 NOV 23 PW LEGAL SVCS

PANEL WIRE & ELECTRICAL TAPE
1/29/2024 8:24:07 AM
Total: 14,355.26
29,979.75
Total: 29,979.75
Total:

80.00 80.00
459.50
Total: 459.50
ITEM 5
Check#
128861
128!!62
Date VND# Vendor Name
01/17/24 L112 WILLEY PRINTING CO., INC.
01/18/24 5780 BANNER BANK
128!!63 01/25/24 1039 ADTECH INC
1281'!64 01/25/24 1098 AL'S CERTIFIED SAFE & LOCK
1281'!65 01/25/24 1082 ALHAMBRA
Voucher List
City of Ceres
Invoice#
149201
RET#2
378745
266657
12203096 011224
PO# Invoice Description
(1) CS #10 ENVELOPES W/WINDOW FOR AP
RET#2 RELEASE SMYRNA PARK IMPRVMNTS MCFADDEN
JAN 24 SCADA MANAGED BACKUPS

SERVICE CALL RPRS ALARM AT CITY HALL UTILITY AREA
DEC 23 LAB DI WATER
128E66 01/25/24 5792 ALPINE PROTECTIVE SOLUTIONS LLC 01-CITYOFCERES SECURITY PATROL FOR SMYRNA, RIVER BLUFF, NEEL ETC 12BE67 01/25/24 5391 AMAZON CAPITAL SERVICES, INC.
128E68 01/25/24 '185 AT&T
1 NQD-1 MFT-PHNK
1WTH-H3DX-P4YD
DEC 2023

MASKING TAPE FOR FLEET SHOP STOCK

AIR GUN FOR FLEET SHOP TOOLS
DEC 23 PHONE SVCS CALNET 3
1/29/202 4 8:24:07 AM
1/29/ 2024 8:24:07 AM
Amount
316.46
Total: 316.46
16,956.94
Total: 16,956.94
207.93
Total: 207.93
141.00
Total: 141.00

39.97 Total: 39.97
2,432 00
Total: 2,432.00

44.73 34.09
Total: 78.82
3,473.84
ITEM 5
Check# Date VND# Vendor Name
128869 01/25/24 1186 AT&T
128870 01/25/24 1321 BERTOLOTTI CERES DISPOSAL. INC
128871 01/25/24 1443 CA STATE DEPT OF CONSERVATION
128872 01/25/24 1606 CHARTER COMMUNICATIONS
128873 01/25/24 1623 CHOICE LIGHTING SUPPLY
128874 01/25/24 5795 CONDIT, GARY MATTHEW
128875 01/25/24 1693 CORELOGIC SOLUTIONS, LLC
Voucher List
City of Ceres
Invoice# PO#
0252015807
DEC 2023
DEC2023
0016460010124
349849
350209
350208
JAN 2024
Invoice Description
DEC 23 PHONE SVCS - SHORETEL
DEC 23 GARBAGE BILLING LESS FRANCHISE FEE
QE 12/31/2023 STRONG MOTION INSTRUMENTATION FEES
1/1-31/24 PW CABLE SVCS

ELECTRONIC DRIVER FOR LIGHT FIXTURE

BULBS FOR ELEVATOR

LAMP & SOCKET
JAN PLANNING COMMISIONER COMP RESO#89-183
1/29/2024 8:24:07 AM
Amount
Total: 3,473.84
4,891.72
Total: 4,891.72
542,146.51
Total: 542,146.51
265.96
Total: 265.96

45.03 Total: 45.03

87.05 17.20
112.03
Total: 216.28

80.00 Total: 80.00
30700148 DEC METRO SCAN ONLINE ACCESS STAN CO DATA,AERIAL,S 410.00 1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
128876 01/25/24 1874 DON PEDRO PUMP
128877 01/25/24 1889 DU-ALL SAFETY, LLC
128878 01/25/24 5437 ELEVATOR TECHNOLOGY, INC.
128879 01/25/24 1991 FERGUSON US HOLDINGS, INC
128880 01/25/24 1993 FERGUSON WATERWORKS #1423
128881 01/25/24 2134 GEOANAL YTICAL LABORATORIES
Voucher List
City of Ceres
Invoice# PO#
29032
28667
25016
91658
91657
4800349
4809594
1834576
K4A1112
Invoice Description
FLOW METER RENTAL W28 & 38
VFD REPLACEMENT W27
DEC 23 MONTHLY SAFETY CONTRACT

ELEVATOR PREVENTATIVE MAINTENANCE FOR PD

ELEVATOR PREVENTATIVE MAINTENANCE FOR CCC

PLUMBING SUPPLIES

PLUMBING SUPPLIES

CLAY & PLASTIC COUPLERS
JAN 24 GEO MONTHLY ANALYSIS WWTP
1/29/2024 8:24:07 AM
1/29/ 2024 8:24:07 AM
Amount
Total: 410.00
1,050.00
11,094.67
Total: 12,144.67
1,050.00
Total: 1,050.00
135.00
135.00
Total: 270.00

21.53 85.01
Total: 106.54
595.10
Total: 595.10
115.00
ITEM 5
Check# Date VND# Vendor Name
128882 01/25/24 5661 KIRKMAN BECK, LLC
128883 01/25/24 5282 HUNT & SONS, INC.
128884 01/25/24 2418 IDN-WILCO INC
Voucher List
City of Ceres
Invoice#
K4A0314
bJ3G1305
K4A0803
K4A0802
K4A0804
38853
441145
10326206-01
PO#
128885 01/25/24 5793 IKE'S APPLIANCE & ASSOCIATES 8345
8367
Invoice Description
JAN 24 WATER SAMPLE ANALYSIS W22 URANIUM
JAN 24 WATER SAMPLE ANALYSIS REPORTING WELLS
JAN 24 WATER SAMPLE ANALYSIS W39 & 40 NITRATE
JAN 24 WATER SAMPLE ANALYSIS DIST 13
JAN 24 WATER SAMPLE ANALYSIS W28 & 38 NITRATE
TEMP SVCS SECRETARY WE 1/14/24 (R.JOHNSON)

PROPANE FILL PW FORKLIFT

PAD LOCKS
REPAIRS TO OVEN AT F/S #4
REPAIRS TO DRYER F/S #4
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Amount

85.00 20.00
41 .00
520.00
41 .00
Total: 822.00
1,276.00
Total: 1,276.00

66.16 Total: 66.16
136.03
Total: 136.03
1,563.23
238.88
Total: 1,802.11
ITEM 5
Voucher List
City of Ceres
Check # Date VND # Vendor Name
128886 01/25/24 5685 JEREMY DAMAS
Invoice#

12.2023.3
01 .2024.1
128887 01/25/24 2587 MIDWEST MOTOR SUPPLY CO. INC. 101792352 128888 01/25/24 5790 LAGUNA 3P PRO 12221
128889 01/25/24 5557 MARTIN MARIETTA MATERIALS, INC. 41482179 128890 01 /25/24 2909 MGT OF AMERICA CONSUL TING, LLC 53706 128891 01/25/24 1001 ANGELICA HERNANDEZ A.HERNANDEZ 2/8- 9124
128892 01/25/24 1001 JUAN RAMOS J.RAMOS 2/13-16/24
PO#
22300103
22300103
Invoice Description
12/25-31/23 PW PROJ MANAGEMENT AND CONSULTATION
1/1-14/24 PW PROJ MANAGEMENT AND CONSULTATION

STOCK BOLTS & NUTS

INCIDENT BOARDS - SERGEANTS & WATCH COMMANDER

1.91 TONS OF ASPHALT FOR CITYWIDE PATCHING
FY23 SB90 NEW AND ANNUAL CLAIMS Q1
A.HERNANDEZ: PER DIEM LCW 2024 ANNUAL CONF 2/8-9
J.RAMOS: PER DIEM PERSH SKILLS TRNG 2/13-16/24
1/29/2024 8:24:07 AM
1/29/ 2024 8:24:07 AM
Amount
3,200.00
3,600.00
Total: 6,800.00
124.63
Total: 124.63
2,168.29
Total: 2,168.29
155.02
Total: 155.02
1,625.00
Total: 1,625.00
177.
50 Total: 177.50

60.00 Total: 60.00
ITEM 5
Check#
128893
Date VND # Vendor Name
01/25/24 1001 SHIRLEY VENTURA
128894 01/25/24 1001 WESTECH INDUSTRIES
128895 01/25/24 1001 DELILAH VASQUEZ
128896 01/25/24 1001 DELILAH VASQUEZ
128897 01/25/24 1001 DELILAH VASQUEZ
128898 01/25/24 1001 JORDAN JUSTICE
128899 01/25/24 1001 KEITH GRIEBEL
128900 01/25/24 5599 TW ASSOCIATES, LLC
Voucher List
City of Ceres
Invoice#
S.VENTURA 2/8-9/24
2023-10
□ .VASQUEZ 2/27-
28/24
□ .VASQUEZ PER
DIEM
□ .VASQUEZ 3/14-
15/24
J.JUSTICE 2/13-16/24
K.GRIEBEL 2/20-
21/24
20824PABR
PO# Invoice Description
S.VENTURA: PER DIEM LCW 2024 ANNUAL CONF 2/8-9/24
#23-10 WTR MTR DEPOSIT RFND NORTH RIDGE
1/29/2024 8:24:07 AM
Amount
177.50
Total: 177 .50
2,440.60
Total: 2,440.60
□ .VASQUEZ : MILEAGE/PER DIEM HR SHAW HR CONSUL TING 234.93 Total: 234.93
□ .VASQUEZ: PER DIEM CSJVRMA 39TH ANNUAL WORKSHOP 92.50

92.50 246.20 □ .VASQUEZ: PER DIEM/MILEAGE NORCAL HR FALL CONF J.JUSTICE : PER DIEM PERSH SKILLS TRNG 2/13-16/24
K.GRIEBEL: PER DIEM TRNG CORDINATOR CRSE 2/20-21
CHLORINE INJECTION VALVE WELL 38
Total:

Total: 246.20
Total:

60.00 60.00
241 .50
Total: 241.50
784.69
1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
128901 01/25/24 5362 MISSION LINEN SUPPLY
128902 01/25/24 2937 MITCHELL'S MODESTO HARLEY

DAVIDSON INC
128903 01/25/24 2943 MODESTO BATTERY CO
Voucher List
City of Ceres
Invoice# PO#
520844185
520844186
520844184
520796544
520837849
520844183
520844187
520844169
520837646
954871
251618
Invoice Description
1/15/24 UNIFORM SVCS FOR FLEET
1/15/24 UNIFORM SVCS FOR STREETS
1/15/24 UNIFORM SVCS FOR FACILITIES
1/8/24 UNIFORM SVCS FOR FACILITIES
1/15/24 UNIFORM SVCS FOR WASTEWATER
1/15/24 UNIFORM SVCS FOR ADMIN BLDG
1/15/24 UNIFORM SVCS FOR WATER
1/15/24 UNIFORM SVCS FOR WASTEWATER
1/15/24 UNIFORM SVCS FOR STREETS
BRAKES & OIL FILTER FOR POLICE HARLEY #10-06115
BATTERIES & PARTS FOR PRESSURE STATIONS 10 & 15
1/29/2024 8:24:07 AM
1/29/ 2024 8:24:07 AM
Amount
Total: 784.69
31 .51
51 .91

26.48 26.48

97.00 10.00

82.64 111.48

50.54 Total: 488.04

89.11 Total: 89.11
128.50
Total: 128.50
ITEM 5
Check# Date VND# Vendor Name
128904 01/25/24 3088 O'DELL ENGINEERING
128905 01/25/24 3102 O'REILLY AUTO PARTS
128906 01/25/24 3100 ONTEL SECURITY, INC.
128907 01/25/24 3265 PRICE FORD OF TURLOCK, INC.

Voucher List
City of Ceres
Invoice# PO#
4241003 22400048
1/29/2024 8:24:07 AM
Invoice Description Amount
11/6-12/3 WHITMORE AVE REHABILITATION PROJ STPL075 23,432.48 2820203 22400038 11/6-12/3 WHITMORE PRK GAZEBO PLAN & SPECS UPGRADE 4,933.75 Total: 28,366.23
4452-374756 BATTERY STOCK 128.57
4452-373667 (2) BATTERIES STOCK 363.05
223477 CUSTODIAL SUPPLIES F/S #1 936.01
Total: 1,427.63
39201-3 12/6/23 SECURITY SVCS CC EVENT SML RM 242.40
39201-2 12/5/23 SECURITY SVCS CC EVENT SML RM 123.20
39201-4 12/9/23 SECURITY SVCS CC EVENT LRG RM 1,004.85
39201-5 12/9/23 SECURITY SVCS CC EVENT SML RM 431 .20
39055-5 11/25/23 SECURITY SVCS CC EVENT SML RM 269.50
39055-4 11/25/23 SECURITY SVCS CC EVENT LRG RM 1,016.40 Total: 3,087.55
30557 AIR TIRE SENSOR FOR UNIT #35-239-11 WTR DEPT 203.92 1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
128908 01/25/24 3324 RANDIK PAPER CO.
128909 01/25/24 3341 RAYCO INDUSTRIAL SUPPLY INC
128910 01/25/24 1004 ALEJANDRA NAVA
Voucher List
City of Ceres
Invoice# PO#
1/29/2024 8:24:07 AM
Invoice Description Amount
8481 0 TOWED TO SHOP, REPLACED AXEL POLICE, FORD EXPLORE 2,819.69 29951 HEATER VALVE FOR POLICE TAURUS UNIT #10-103 59.41 29916 DOOR HANDLE FOR STREETS PICKUP UNIT #30-206-11 36.80 30204 PLUGS & COIL FOR POLICE UNIT #10-110 118.58
Total: 3,238.40
222566 LOCKS FOR TISSUE DISPENCER 33.18
222738 DISPENSER LOCKS 45.89
223114 CLEANING PRODUCTS 15.32
218540 IMPACT FOAM GUN 577.34
222632 WAX SPRAY F/S #1 153.46
222628 CUSTODIAL SUPPLIES 2,241.44
Total: 3,066.63
1537894 WELDING SUPPLIES FLEET/SHOP 196.10
Total: 196.10
64475681 NAVA P601811/18/23 RFND CALMB 576.90
1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
128911 01/25124 1004 ERICKA ZEPEDA
128912 01/25/24 1004 TEHAL DOSANJH
128913 01/25/24 5615 RECOLOGY BLOSSOM VALLEY

ORGANICS
128914 01125124 3353 REFRIGERATION SUPPLIES DIST
Voucher List
City of Ceres
Invoice# PO#
64479051
64470685
00215055/RI
00215042/RI
00215268/RI
00215019/RI
00214483/RI
00214486/RI
00215039/RI
00215038/RI
42191216-00
Invoice Description
ZEPEDA P7089 11/18/23 RFND CC SML RM
DOSANJH P703711/17/23 RFND CC LRG RM

COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ

COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ

COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ

COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ

COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ

COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ

COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ

COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ

ICE MAKER FILTERS AND CLEANING CHEMICALS
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Amount
Total: 576.90
600 .00
Total: 600.00
1,098.49
Total: 1,098.49
13,400.03
544.40
645.11
523.76
1,600.49
3,570.35
703.86
1,773.03
Total: 22,761.03
2,632.58
ITEM 5
Check# Date VND# Vendor Name
128915 01/25/24 3364 REXEL USA, INC.
128916 01/25/24 3380 RICHARD A. LIND JR. M.D. INC.
128917 01/25/24 3495 SAFE T LITE OF MODESTO INC
Voucher List
City of Ceres
Invoice#
42191097-00
S138162917.001
DEC 2023 STMNT
395150
395526
PO#
128918 01/25/24 3523 SAN DIEGO POLICE EQUIPMENT CO 659984 128919 01/25/24 3694 SMITH CHEVROLET, INC. PCP-708843
1289.20 01/25/24 2483 SNS AUTOMATION 1 2024-1
1/29/ 2024 8:24:07 AM
Invoice Description Amount
LIMIT SWITCH ADMIN PW 87.58
Total: 2,720.16
WWTP SCADA REPLACEMENT PARTS 320.08
Total: 320.08
OCT/NOV 23 PRE-EMPL MEDICAL SCREENINGS 2,227.00
Total: 2,227.00
RAIN PANTS, EARPLUGS & SAFETY GLASSES 125.22
W.TUN: SAFETY REFLECTIVE VEST -ASSOCIATE ENGINEER 80.25 Total: 205.47
DUTY AMMUNITION 3,030.32
Total: 3,030.32
BELT FOR TAHOE #10-133 POLICE DEPT 48.66
Total: 48.66
JAN 24 SCADA SYSTEM INTERGRATION RESO22-05 5,865.00
Total: 5,865.00
1/29/2024 8:24:07 AM
ITEM 5
Check# Date VND# Vendor Name
128921 01/25/24 3752 STANISLAUS COUNTY RECORDER
128922 01/25/24 3759 STANISLAUS FARM SUPPLY INC
128923 01/25/24 3760 STANISLAUS FOUNDATION DENTAL

CARE TRUST ACCOUNT
128924 01/25/24 3820 TARGET SPECIAL TY PRODUCTS INC
128925 01/25/24 3842 THE CERES COURIER INC.
128926 01/25/24 3898 TROY E. SLAYBAUGH
Voucher List
City of Ceres
Invoice# PO#
NOE23-36
101203800
52452
52431
52471
INVP501371161
358125
358126
1093
1090
Invoice Description
NOTICE EXEMPTION FILING 23-26 CUP STORAGE

RAIN WEAR
DEC 23 DENTAL ADMIN FEE
DEC 23 DENTAL CLAIMS
JAN 24 DENTAL CLAIMS

WEED ABATEMENT & CONTROL
12/20/23 LEGAL AD
PH ORDINANCE 2023-1079
12/20/23 LEGAL AD PH ORDINANCE 2023-1080

CLEAR COAT & MATERIALS FOR SMYRNA SKA TE PARK
12/1-15/23 GRAFFITI ABATEMENT - CE & PARKS
1/29/2024 8:24:07 AM
1/29/2024 8:24:07 AM
Amount

57.00 Total: 57.00

16.79 Total: 16.79
635.50
2,983.80
4,074.88
Total: 7,694.18
785.72
Total: 785.72

60.00 60.00
Total: 120.00
5,564.00
3,026.00
ITEM 5
Check# Date VND# Vendor Name
128927 01/25/24 3917 U.S. BANK VISA
128928 01/25/24 1002 KUM 0 . VOGEL
128929 01/25/24 1002 BLACK, STEVE & GLENDA
128930 01/25/24 3966 VALLEY TIRE SALES, INC.
128931 01/25/24 4016 VERIZON WIRELESS
Voucher List
City of Ceres
Invoice# PO#
1092
DEC 2023
1-4211-0260-001
166120100-1045 96
103936
103537
103729
NOV/DEC 2023
Invoice Description
12/16-31/23 GRAFFITI ABATEMENT-CE & PARKS
DEC 23 VISAS**SEE ATTACHMENT FOR DESCRIPTIONS**
UB REFUND 3616 CHANDRA CT
UB 166120100 3313 SAGITTARIUS
(2) TIRES F250 #30-208-12 FOR STREETS DEPT
(4) TIRES #10-243-09 PICK-UP POLICE DEPT
NEW TRACTOR TIRE #20--408-10/PICKUP #30-516-23 RPRS
NOV/DEC 2023 PHONE SVCS
1/29/2024 8:24:07 AM
1/29/ 2024 8:24:07 AM
Amount
2,006 _00
Total: 10,596.00
40,078 .75
Total: 40,078.75
206.47
Total: 206.47
106.05
Total: 106.05
328.67
860.52
330.37
Total: 1,519.56
5,616.60
ITEM 5
Check# Date VND# Vendor Name
128932 01/25/24 4044 VIRTUAL PROJECT MANAGER LLC
128933 01/25/24 4070 WATER QUALITY & TREATMENT SOL
128934 01/25/24 1627 WHITE BRENNER LLP
128935 01/25/24 4111 WILLE ELECTRIC SUPPLY, INC.
128936 01/25/24 5791 WILLIAM JAY LEIST
219 Vouchers in this report
Voucher List
City of Ceres
Invoice#
12-3893
24-3655
49001
49002
49003
49004
48999
S2180113.001
0000212
PO#
22400042
1/29/2024 8:24:07 AM
Invoice Description
Total:

JAN-MAR 24 CLOUD BASED SOFTWARE CIP MANAGER
Total:

SURFACE WATER PLAN & PREPARE ENG REPORT FOR PERMIT
Total:

NOV 23 POLICE LEGAL SVCS
NOV 23 HR LEGAL SVCS
NOV 23 COMM DEV LEGAL SVCS
NOV 23 PRA LEGAL SVCS
NOV 23 GEN MUNICIPAL LEGAL SVCS
Total:

WIRE AND Z LUGS FOR STREET LIGHT PEDESTAL
Total:

IA INVESTIGATION - 223-0002
Total:

Total vouchers:

Amount
5,616.60
3,000.00
3,000.00
5,375.00
5,375.00
460.00
684.40
3,280.00
2,200.40
6,686.00
13,310.80
105.91
105.91
9,441.50
9,441.50
9,729,205.56
1/29/2024 8:24:07 AM
ITEM 5
Check
128927
Date
01/25/24

CARD HOLDER CHARGE DESCRIPTION
Vendor Name
U.S. BANK VISA
Invoice Description
DEC 23 VISAS
AARON R OJEDA-MORENO BUNGEES, PIPE SEALANT, SEWER CLEANOUT COVERS, J VILLEGAS: SAFETY BOOTS ABRAHAM OCHOA JR RESTROOM PART RPRS FOR COMM CNTR, GFCI OUTLET FOR F/S 3, RING WAX, HARDWARE, TOILETS FOR COMM CNTR, ABS TWIST AND SET AL BURKETT ORAL PANEL LUNCH FOR PART TIME STREETS, KEY & KEYRING FOR SWEEPER, A.BURKETT: CWEA CERT RNWL AMERICO R CASTANEDA WORK GLOVES, PAINTH, HITCH BUSHING . TOOL . LIGHT FIXTURE, MATS, VAN TOOL BOX. TIMER, DRYER BELT, CHAMBER WRENCH , MARKERS

ANGELICA HERNANDEZ REFRESHMENTS FOR INTERVIEWS, LUNCHES FOR INTERVIEWS, PHONE CASE, PRINTER INK CARTRIDGES, TISSUE, ERGONOMIC KEYBOARD ARMANDO HERNANDEZ 1/4 TEE AND STAINLESS NIPPLES FOR SAMPLES STATION AT WELL 34, PRESSURE GAUGES FOR RIVER BLUFF CLA-VAL, SMALL EXTRACTOR SCREWS AND HAND

TOOLS - STOCK
BOBBY TITUS B.TITUS/A HERNANDEZ: REG FEE T1-4 TREATMENT EXAM PREP CRSE 1/30/24, B,OLIVER/S .PALACIOS/M .JIMENEZ: REG FEE DISTRIBUTION EXAM PREP CRSE 1/31/24

IPAD CASES FOR NEW IPADS
BRYAN N FERREIRA YARD STICK FOR FARO OPERATION, SD CARDS FOR FARO, 35' TAPE MEASUREMENT TOOL, HITCH LOCK, PADLOCK FOR SPEED LPR TRAILER

CHRISTOPHER PERRY SUPPLIES FOR LPR PROJECT
CRISTINA AGUILAR 11/22-12/21/23 ZOOM MEMBERSHIP SUBSCRIPTIOKN, C AGUILAR: AIRPORT PARKING & LODGING FOR LCC NEW LAW CONF 12/13-15/23, UD.DUNFORD: BUSINESS CARDS FOR CITY MNGR, C AGUILAR: REG FEE & AIRFARE FOR MCI CCAC 2/16-23/24 CRYSTEL AGUILAR HAIR SPRAY FOR SANTA CHRISTMAS EVENT. COMMERCIAL COFFEE MAKER FOR SPECIAL EVENTS, FOOD FOR SENIORS SPECIAL EVENT DELILAH VASQUEZ D.VASQUEZ : REG FEE PAYROLL TAX CHANGES FOR 2024 WEBINAR TRNG 1/18/24 & D.VASQUEZ: REG FEE LCW TRNG NEW EMPLOYER OBLIGATIONS 12/19/23

DIRK NIEUWENHUIS CLOUD STORAGE FOR PR TEAM, REPLACEMMENT PARTS FOR BODY CAMERAS DOUGLAS DUNFORD PARKING FEE FOR MEETING 12/7/23
DYLAN W PALECEK 12/1-31/23 GPS TRACKING FOR STREET SWEEPER & WTR CONSERVATION VEHICLE, OFFICE WATER FOR PW & WATER DEPARTMENT ELLEN EDMONDSON E.EDMONDSTON : REG FEE FOR T1-4 TREATMENT EXAM PREP CRSE CEU CREDITS 1/30/24, RESPIRATOR, ROAD PATCH ELYSE DAVIS-CAPOEMAN GUEST CHAIRS FOR PW DIRECTOR OFFICE, PAPER TRAY FOR PW DEPUTY DIRECTOR, J.CASAS/E .DAVIS: REG FEES T1-4 TREATMENT EXAM PREP CRSE 1/30/24, E.DAVIS: REG FEE DISTRIBUTION EXAM PREP CRSE 1/31, WATER BUILDING PAPER SHREDDERS , IPAD CASE FOR SCADA SYSTEM CONTRACTOR ASSIGNED IPAD,

OFFICE SUPPLIES- TISSUE & EXPO PENS
FALLON MARTIN J LOPEZ : REG FEE, AIRFARE, CHECKED BAGGAGE US MAYORS CONF 1/17-19/24, COUNCIL GOAL SETTING WORKSHOP, 2024 CALENDARS, WATER & LUNCH FOR CM REGIONAL MEETING, F.MARTIN: CAR RENTAL, AIRPORT PARKING & LODGING FOR NEW LAW 12/13-15/23

HANK UNRUH ELECTRIC TAPE, ZIPTIES (LPR PROJECT), TRAILER HITCH LOCKS, BATTERY CHARGER, BATTERY TERMINAL LUGS, LED ROAD FLARES, ZIPTIES, ELECTRIC TAPE, FLY SPRAY, FLY SWATTERS, BOLTS, WASHERS, BATTERY LUGS, D UNRUH: REG FEE 1 DAY COLLECTION SYSTEM MAIN TRNG 1-4 EXAM 1/29/24

JOHN BANTA PHONE PROTECTORS FOR NEW CELL PHONE
Invoice
DEC 2023
TOTAL
287.01
367.02
241.63
1,313.78
890.53
260.79
1,267.25
173.26

93.52 1,377.34
443.21
398.00
640.84

3.75 312.20
1,269.03
1,563.15
6,549.44
805.42

54.15 ITEM 5

JOHN THOMAS

JOHNNY CARRILLO
J:>NATHAN BLOUNT

JONATHAN FREDERICK
J:>SE BERBER
J::>SEPH CHAVEZ
J::>SHUA CASAS

JULIAN AGUIRRE

JULIO AMADOR

KATHLEEN L LEMBURG

KEITH GRIEBEL

KENNETH E VAUGHN

KEVIN HALEY

KHRISNA STITZELL

LAUREN MEDINA

MARCY PEDERSON

MARK ANDERSON

MATTHEW SCOTT

MATTHEW WILLIAMS

RICK COLLINS

ROBERT HERRINGTON

SCOTT KEYS
EASY STREET COLD PATCt- , VINYL TUBING, PUSH TEE, BUSHING, SHAN HOSE, PUSH COUPLINGS , WRENCH HOUSING, WATER FILTER, OIL FILTER WRENCH , JOINT PLIERS

WELL SOUNDER SHIPPING FOR REPAIRS , BOOT DRYERS, TRUCK KEYS

KEYS FOR PD, WALL CLOCK FOR HR, PEST CONTROL SUPPLIES FOR FACILITIES, WAX RING FOR PD

RANGE UNIFORMS FOR INSTRUCTORS
FLUKE NETWORK TESTER REMOTE, WIFI ACCESS POINTS FOR TESTING, NEW PC FOR DEPUTY PW DIRECTOR , REPLACEMENT WIRELESS BRIDGES FOR P2MP PROJ

MAVERICK WARRANT BUILDER PRO LICENSE

SUPPLIES FOR CHRISTMAS EVENT
B.OLIVER: 01 APPLICATION FEE & OPC STATE WEB APPLICATION FEE, PHONE CASE, SCREEN PROTECTOR FOR NEW DUTY PHONE, STEEL FISH TAPE, BRASS FITTINGS RAIN JACKET FOR JOSHUA CASAS, J THOMAS, J LINKEHOKER , A.LEPE, J.CASAS, Z TRIO, B.BILICH: 1 DAY TREATMENT TRNG REG FEES J AGUIRRE : ANNUAL MEMBERSHIP DUES & REG FEE ICSC@MONTEREY CONF 3/25-27/24

CELLPHONE CASE & SCREEN PROTECTOR
CHRISTMAS EVENT DECORATIONS, OFFICE SUPPLIES, CHRISTMAS EVENT SUPPLIES & DECORATIONS, CITY HALL LUNCHEON RAFFLE ITEMS, SPECIAL TY CRP.FT CLASS

SUPPLIES, COOKING CLASS SUPPLIES , CPRS MEMBERSHIP
J.AMADOR REG FEE SUPERVISOR CRSE & RFND, K GRIEBEL: POLO SHIRTS UNIFORM ALLOWANCE CAMERAS FOR SMYRNA PARK, K VAUGHN : RECERTIFICATION CA DEPT OF PESTICIDES & ISA ARBORIST RECERTIFICATION K.HALEY: 2024 PAPA ANNUAL MEMBERSHIP , GLUE TRAPS & SPIDER SPRAY, A.WEST : SAFETY BOOTS K STITZELL: REG FEE CPRS CONF 2/27•3/1/24, SUPPLIES FOR CHRISTMAS HOLIDAY EVENT, APPRECIAT ION SUPPLIES FOR CHRISTMAS EVENT

IPAD CASES WITH KEYBOARD, IPAD CASE, NITRILE GLOVES

I PHONE CASES, WHITEBOARD TAPE, BUSINESS CARDS FOR DETECTIVE PETERSEN & CHAPLAIN BROYLES, SUPPLIES FOR LPR PROJECT, BUSINESS CARD HOLDERS

WHITEBOARD TAPE
NETWORK PATCH CABLES (30), LAPTOP BAG, POWER STRIPS (6), CABLE ROUTING TAPE (2) CONDUIT FOR PARKSON SCREEN VFD, MULTI CONDUCTOR ELECTRICAL WIRE, MORTAR &ADHESIVE FOR MANHOLE, J.VILLEGAS: WASTEWATER OPERATOR CRSE,

BRICK ANCHORS
ACROBAT PRO MONTHLY SUBSCRIPTION, M.WILLIAMS: SWRCB CERT RNWL R.COLLI NS: WORK SHOES, R.COLLINS : FUEL FOR 2023 CATO TRNG CONF 12/3-6/23 IPAD CASE, CONDUCT FOR SMYRNA PARK ALARM, CONDUCT FOR NEW DRINKING FOUNTAIN SMYRNA PARK, CANVAS GLOVES FOR PARKS CREW, TARPS FO~ PAINTING

ALL THE PARKS

OFF ROAD EQUIPMENT COMPLIANCE FEES & TRAILER JACK
979.91

87.86 491.11
3,786.43
257.78

17.29 1,935.83
625.00

43.27 3,419.41
138.73
367.99
287.88
842.33
345.27
299.01
235.49
424.13
574.79
272.96
415.50
497.57
ITEM 5
SHANNON ESENWEIN S ESENWEIN: AIRFARE CSMFO CONFERENCE 1/30-2/2/24 SHAWN W HESS WWTP GASKET MATERIAL FOR MOTORM CONCRETE, S.HESS: CWEA ANNUAL ASSOCIATION MEMS, S HESS: REG FEE WATER WISE PRO COLLECTIONS TRNG, S,HESS: REG FEE PAPA 2024 MEMS & SEMINARS , WEED SPRAY DYE, WING NUTS, COVER, RAIN BOOTS FOR A.WEST & J.VILLEGAS , A.WEST: REG FEE SAFETY BEGINNING TREATMENT & LAGOON SYSTEMS CRSE, PHONE CASES & SCREEN PROTECTORS, WWTP BATTERY MOUNTING HARDWARE, LAGOON SKIMMER POLES, UNIFORM PATCHES, WWTP

IRRIGATION PIPE & FITTINGS
SHAWN WALKER MATERIALS FOR CHRISTMAS TREE LANE DECORATIONS , S WALKER : CWEA COLLECTION SYSTEM GRADE 1 ASSOCIATION MEMB RNWL, S.WALKER: REG FEE COLLECTION SYSTEM MATENANCE GRADE 1-4 PREP CRSE TRNG 1/29/24 SHIRLEY A VENTURA S VENTURA : PARKING RFND 48TH ANNUAL CALPELRA CONF 11/14-17/23 & ORAL PANEL INTERVIEWS ADMIN SECRETARY

TONI CORDELL SUBSCRIPTION FOR ONLINE CERES COURIER

TRAVIS HUDSON UNIFORM ALLOWANCE WORK CLOTHING & EMBROIDERED WORK POLOS

TRINIDAD VIRAMONTES JR PUBLIC SAFETY EQUIPMENT FOR LESS LETHAL LAUNCHER

VERONICA GONZALEZ OFFICE SUPPLIES
VIANEY PELAYO J JONES: SAFETY BOOTS, K.SILVA & W,TUN: OFFICE CHAIRS, SPRAY PAINT FOR SMYRNA PARK SKATE PARK IMPROVEMENTS, WATERS & GATORADES FOR STUDENTS

WORKING AT SKATE PARK, PHONE CASE FOR CITY ENGINEER'S NEW WORK CELL OPHONE 196.49
1,677 .28
572.39
-23.64

5.00 740 .64
375.69
867.63
1,010.41
40,078 .75
ITEM 5

COUNCIL AGENDA REPORT

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

MEETING DATE: February 12, 2024

TO: Mayor and City Council

FROM:

Douglas D. Dunford, City Manager

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

SUBJECT: Public Works Monthly Report for December 2023

RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BA CKGROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of December 2023.

FACILITY SERVICES:
• Completed 94 Facilities Maintenance work orders including: 59 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 35 preventive maintenance services.
• Reviewed proposals from Mission Linen, Cintas and Aramark for the uniform contract at Public Works. It was determined Mission Linen was the low bidder. • Event support and setup of four light towers for Recreation’s Christmas parade on December 2nd. Event was well attended by the citizens of Ceres. • Recycled 230 pounds of E-waste with the assistance of Tri-Valley Recycling. • Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.
• Received slightly used office furniture from Stanislaus County that was donated to the City of Ceres including 60 chairs, 40 office cubicles, 40 adjustable desks and 30 file cabinets. The newer office furniture will used to replace older and dilapidated furniture throughout city buildings.

Maintenance activities performed by one (1) Supervisor, (1) Senior Facilities Maintenance Worker, one (2) Facility Maintenance Worker, and three (3) Custodians.

ITEM 6a
FLEET SERVICES:

Completed 70 work orders

Fleet, Department 20
• New sweeper received two new foam filled tires curb side • Four field calls, repairs

Fire, Department 15
• N/A

Police, Department 10
• Fleet finished new patrol Explorer #106, went into service, new radar and LPR systems
• Fleet installed new LPR system in patrol unit #110
• Fleet installed new LPR system on police depts new radar trailer

Streets, Department 30
• Field repairs call out for street sweeper

Water, Department 35
• N/A

Parks, Department 40

• Toro mower serviced
• Mower trailer repairs, hitch

Wastewater, Department 25
• N/A

Facilities, Department 41
• Field call out, flat tire

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 263 service requests in the following categories:
• Bike Path Repairs: 0
• City Grounds Maintenance: 19
• Park Landscape and Maintenance: 134
• 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: 4
• Right of Way (ROW) Irrigation Repairs: 85 sprinklers • Park Trees: 18 Trimmed
ITEM 6a
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 3 • Total Graffiti Vandalism & Repair cost is $2569.00 for the month of December.

Parks sprinklers repaired or replaced:
• Barry Grove – 0
• Costa Fields – 1 maintenance
• Don Pedro – 0
• Independence – 4 vandalisms
• Dog Park – 2 maintenances
• Neel Park – 1 maintenance
• Persephone – 0
• Redwood – 0
• River Bluff – 11 maintenances
• Riverview – 0
• Roeding Heights – 2 maintenances
• Sam Ryno – 1 maintenance
• Smyrna – 6 maintenances
• Strawberry – 1 maintenance
• Whitmore – 2 maintenances

Parks General Maintenance/Repairs:
• Repaired fence along bike path on Moore Road and Service damaged in auto accident
• Graffiti removal at Sam Ryno (3), Strawberry (2), River Bluff (2), Roeding (1), Neel (1), Ochoa (4), Persephone (1), Smyrna (3), Don Pedro (1), and Independence Park (1)
• Repaired and updated marquee sign on Mitchell Road

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 45% completed • Grid #5 a total of 7,719 trees still unpruned
• Pending: 195 High Risk, 8 Removals and 336 Trims starting

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.
• River Road; backflow device stolen and pending replacement. Turned off water at River and Canyon Falls.
• All ROW irrigation controllers are off for winter season.

Parks
Sam Ryno:
• Second time repairing swing set, temporary fix for now. Waiting on parts for repair pending delivery.

ITEM 6a
• Ordered parts for Spinning chair and Rocking cycle, pending delivery.

Smyrna Park:
• Construction for park improvement ongoing.
• Replaced 2 broken valves and 1 mainline break caused by park construction. • Added drinking fountain line for skate park
• Trimmed 5 trees around construction site.

Roeding Park:
• No report
Neel Park:
• Repaired steps in playground
• 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:
• Power washed playground
River Bluff Park:
• Playground area - replaced 5 sprinklers due to vandalism. • Fences cut and repaired twice for lower bluff area.
• Trimmed 11 trees in playground area and 58 along soccer field • Cleaned graffiti at Howards memorial
• Brush hogged Lower area dirt area
• Repaired door vandalized in attempt to break-in storage area • Aerified fields 1, 2, 3, 4 5, 6, and 7
Guillermo Ochoa Park:
• Brush and chips removed from eastside of park for prep work on upcoming construction
• Playground exercise Equipment vandalized, and two slides' parts ordered Lions Park:
• No report, park to be disked in January

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) full -time Temporary Maintenance Worker 1.

SOLID WASTE & RECYCLING:

Reminder: The Leaf & Limb collection program ended on January 9 th. This includes Christmas tree collection as well.

• Highlights of solid waste and recycling collection by Bertolotti for December 2023  Residential…………………….… 1193.09 tons
 Illegal dump (code enforcement) 4.13 tons, 42 locations  Illegal dump (Bertolotti) ………. 0.51 tons, 1 location  Bulky items…………………….… 23.35 tons, 100 locations
 Leaf/limb …...…………….… 340.04 tons
 Street Sweep………………….… 79.27 tons
 Residential Organics…………… 435.68 tons
ITEM 6a
 Commercial Organics…………. 250.70 tons
 Residential Recycle………….… 176.61 tons
 Commercial Recycle …………… 26.72 tons
 C&D (Construction/Demolition Debris) 12.41 tons
 Used oil…………………………… 459 gallons
 Used oil filter……………...……… 47

• There were 1 garbage cart storage violation notice issued in December. • There were 186 organic cart contamination violations issued in December. • There were 3 Leaf & Limb violations issued in December.

• Reminder that the second annual Free Community Disposal Day is scheduled for Saturday, February 3rd, 2024, at the River Bluff Regional Park from 8am to 11:45pm. City of Ceres residents can dispose of large item and appliances for free, up to one truck load per utility account. A maximum of 7 tires and 4 mattresses per vehicle and no loose/bagged household garbage will be accepted at the event. The free disposal event is funded by the Clean California program in partnership with CalTrans.

• The 2024 Collection & Disposal Service Guide (Recycling schedule) is now available on the City website. A hardcopy of the publication will be included in the February billing mailer.

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

STREETS SERVICES:
• Staff responded to a total of 47 customer service requests • Responded to 114 Underground Service Alerts (USA) markings • Repaired 13 streetlights
• Flushed 850 feet of storm drain pipeline
• Cleaned 2 French Drains
• Cleaned 8 Dry Wells
• Cleaned 5 DI’s
• Installed 36 LPR cameras
• Performed traffic control at Hatch and Boothe due to fatality traffic accident • Performed traffic control at Hatch and Mitchell due to traffic accident on the Mitchell Road bridge
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, six (5) Streets Maintenance Operators, one (1) Street Sweeper Operator and (1) 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 and one staff member on light duty since 8/11/21.

WASTEWATER (WWTP`):
• Responded to 6 customer service requests and 27 sewer problems, during working hours and after hours.
• Staff responded to 3 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).

ITEM 6a
• There were (0) SSOs in December which resulted in 0 gallons spilled and recovered.
• Serviced or Repaired:
o Lift Stations – 8
o WWTP Equipment – 13
o Main line sewer plugs – 3
o Aerators – 5
• 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 22,255 feet of sewer main line.
• Staff CCTV inspected 0 feet of sewer line.
• Staff continues the process of updating the Wastewater Discharge Report (WDR), Sewer Master Plan (SMP), and Sanitary Sewer Management Plan (SSMP). • SCADA Integrator, Jeff Burrows, and Wastewater Staff, continued converting lift station and treatment plant controls to the new SCADA system • Staff continued to work on SCADA integration of WWTP and lift stations. • Staff attended trainings on Traffic Control and Flagging, Asbestos, Silica, Pest and Weed Abatement, and Hearing Conservation.
• Staff continued cleaning sewer trouble spots. This is done every 3 months to prevent sewer issues in areas that have sewer problems
• Staff checked & marked 96 USA tickets, which took 14 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer use charges $80,603.54 for the month of November. • Modesto sewer use charge $135,091.11 for the month of November. • Biochemical Oxygen Demand (BOD) 9 mg/L
• Treated and disposed of 75.23 MG of wastewater with an average of 2.43 MGD Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, three (3) Operator-in- Training. There are two (2) 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
• December 2023 well production was 56.476 million gallons • Average water use for December was 1.82 million gallons per day • Water staff responded to 14 customer service requests • Water staff responded to 67 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,854
o Meters/radios serviced: 90

o Meters replaced: 65
o Meters upgraded from ¾”, 5/8” to 1”: 1
ITEM 6a
o New meter installations: 1
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 198 were exercised • Blow-offs and hydrants flushed: 70
• Water main leaks: 0
• Service line leaks: 5
• Service lines have been replaced: 3
• Hydrants replaced: 2
• Water quality samples taken: 60
• Staff began Acceptance Testing for new source water (Surface water)

Water Conservation, Department 36
December 2023 calculated residential gallons used per person per day: 57.32 • Annual average is 81.86 gallons per person per day
• Responded to 10 water conservation service requests
• Water portal has 232 residents registered
• Issued courtesy notifications: 37
• Performed 0 water audits
• Delivered 1 water waste warnings, issued 0 water waste fines, and 49 (preliminary) excess consumption fines
• Rebates Issued: Dishwasher: 0, Smart Irrigation: 1, ULF Toilets: 0, Washing Machine: 1, and Turf Replacements: 0
Total Rebates YTD: 31
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 December 2023, we had a decrease of 59.03% from the December 2020 production numbers.

ITEM 6a
Water system maintenance is performed by one (1) Superintendent, one (1) Supervisor, one (1) Administrative Analyst, two (2) Senior Water Operators, eight (8) Water Distribution Operators, and two (2) Field Service Technicians.

One (1) part-time Water Conservationist position has been filled, with an employee start date pending.

Approved by: __________________
Douglas D. Dunford
City Manager
ITEM 6a
{CW135631.1}

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected], (209) 538-5751
SUBJECT: Resolution No. 2024-XXX , Authorizing a Budget Amendment for the 2022 Pavement Resurfacing Project to Utilize Additional Sewer Service Funds
RECOMMENDED COUNCIL ACTION:

S
taff recommends the Council to approve the budget amendment for the 2022 Pavement Resurfacing Project to utilize additional Sewer Service Funds, in the amount of $21,500.00.

I. BACKGROUND:

The 2022 Pavement Resurfacing Project is the annual treatment of roadways throughout the City. The 2022 Pavement Resurfacing project scope included Crack Seal, Slurry Seal, Cape Seal, full -depth crack treatment with Hot -Mix Asphalt, striping, and sign improvements on various streets throughout the city . The project included the full-depth repair of pavement and slurry seal on access roads within the City’s Waste Water Treatment Plant (WWTP).

The pavement rehabilitation and resurfacing work for both city wide roadways and at WWTP was awarded to by American Pavement Systems Inc. on June 26, 2023, Reso. 2023-73 for a total bid amount of $1,315,212.00 and 10% contingency for a total project amount of $1,490,733.00.

II. REASONS FOR RECOMMENDATION:

Du
ring pavement resurfacing activities at WWTP, city staff encountered several failed areas of pavement outside the original scope which required immediate attention. The City requested the contractor to perform additional full depth asphalt replacement which resulted in additional cost of $21,500.00 over the budget sewer amount of $250,000.00 in account 56795.800500.

ITEM 7
{CW135631.1}
III. FISCAL IMPACTS:

This project was included and programmed in the Fiscal Year 2022/23 Capital Improvement Program Budget in various account numbers, 27195.800500 in the amount of $800,000.00, 27795.800500 in the amount of $200,000.00, and 56795.800500 in the amount of $250,000.00. Staff is requesting a budget amendment to allow for the additional resurfacing work performed at the WWTP by utilizing sewer funds account number 56795.800500 in the amount of $21,500.00. A revised total budgeted amount of $271,500.00 included in the sewer service fund account number 56795.800500. A budget amendment request is attached (Attachment B).

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the proposed amendment.

VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

N/A.

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Execute the budget amendment and record the appropriate accounting entries.

Approved by: ____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment
ITEM 7

ATTACHMENT A
RESOLUTION NO. 2024-XXX
A
UTHORIZING A BUDGET AMENDMENT FOR THE 2022 PAVEMENT

RESURFACING PROJECT TO UTILIZE ADDITIONAL SEWER

SERVICE FUNDS
T

HE CITY COUNCIL
City of Ceres
WHEREAS, the 2022 Pavement Resurfacing Project is the annual treatment of roadways throughout the City; and
W
HEREAS, the 2022 Pavement Resurfacing project scope included Crack Seal, Slurry Seal, Cape Seal, full -depth crack treatment with Hot -Mix Asphalt, including full- depth repair of pavement and slurry seal on all access roads within the City’s Waste Water Treatment Plant (WWTP); and
W
HEREAS, d uring pavement resurfacing activities at WWTP , city staff encountered several failed areas of pavement which required immediate attention, and requested the contractor to perform the additional full depth asphalt replacement; and W
HEREAS, additional funds are required to allow the completion of full depth asphalt treatment in the failed areas within the WWTP that were outside the original scope of the project; and
W
HEREAS, staff is requesting a budget amendment to allow for the additional work performed at the WWTP, utilizing the amount of $21,500.00. The sewer funds account number 56795.800500.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize a budget amendment for the 2022 Pavement Resurfacing Project to utilize additional sewer service funds.

BE I
T FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.

PA
SSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of February 2024, by the following vote:

AYE
S: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
___________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7

A TTACHMENT B
Budget Amendment No.

Fiscal Year 2023 – 2024
Reference Resolution No. 2024-__, dated February 12,2024, authorizing appropriations for Budget Adjustments to the 2022 Pavement Resurfacing Project as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Sewer Service Fund 567 95 800500 $21,500.00
Requested Appropriation $21,500.00
2022 - 2023 Current Appropriation $250,000.00
Total Appropriation $271,500.00
Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

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

ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Samir Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT: Resolution No. 2024- XXX, Approving Amendment No. 1 with Crawford & Associates for Geotechnical and Testing Services and Authorizing the City Manager to Execute the Amendment
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to approve the contract amendment for geotechnical and testing services with Crawford & Associates, Inc. in the amount of $17,99 6.00, and authorize the City Manager to execute the amendment.

I. BACKGROUND:

To support the material testing requirements for the current improvement project, funded under ARPA, the City requested proposals from two on- call geotechnical consultants to perform material testing and inspection. Crawford and Associates was selected as the lowest cost provider in the amount of $23,178.00. The amount for the original scope was sufficient to carry out the project. However, the contractor did not meet testing requirements. As a result, an amendment with the consultant is required to fulfill the testing needs.

II. REASONS FOR RECOMMENDATION:

Additional construction material engineering and testing are required to ensure successful outcomes on both civil and structural improvements. This optimizes foundation designs and enhances the overall performance and longevity of infrastructure. This includes time for a bolt and weld inspection at the project site. The proposed amendment is estimated to fully meet the needs of material testing and inspections for the Smyrna Park Improvement Project in the amount of $17,996.00.

ITEM 8
III. FISCAL IMPACTS:

This project was included and programmed in the Fiscal Year 2023/ 24 Capital Improvement Plan (CIP) a ccount number 21995.800500, which will fully fund the amendment.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first and second goals of the Strategic Plan:
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

City Council can choose to direct staff to reject the proposal and no further Geotechnical Services will occur.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

None Required.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following approval of this item, the project amendment will be signed and executed with Crawford & Associates, Inc.

Approved by: ____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Existing Contract

3. Attachment C – Contract Amendment No. 1

ITEM 8

ATTACHMENT A
RESOLUTION NO. 2024-XXX
APPRO
VING AMENDMENT NO. 1 WITH CRAWFORD & ASSOCIATES FOR

GEOTECHNICAL AND TESTING SERVICES AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AMENDMENT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, Crawford and Associates is currently providing construction material engineering and testing for the Smyrna Park Improvement Project; and W
HEREAS, The current contract with Crawford and Associates is in the amount of $23,178.00; and
W
HEREAS, additional construction material engineering and testing are needed; and
W
HEREAS, the quote for this contract amendment was received from Crawford & Associates, in the amount of $17,996.00 to complete the project; and W
HEREAS, the project was included and programmed in the Fiscal Year 2023/24 Capital Improvement Plan (CIP) account number; 21995.800500, which will fully fund the amendment.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve contract Amendment No. 1 with Cra wford & Associates for geotechnical and testing services and authorizes the City Manager to execute the amendment.

PA
SSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of February 2024, by the following vote:

AYE
S: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
___________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
PROJECT AMENDMENT NO. 1

TO THE AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
BETWEEN THE CITY OF CERES AND CRAWFORD & ASSOCIATES INC.

FOR THE SMYRNA PARK IMPROVEMENT PROJECT
This Amendment No. 1 to the Agreement For Professional Consultant Services with Crawford & Associates Inc. dated ____________, 2024, is made by and between the City of Ceres, a municipal corporation, "CITY", and CRAWFORD & ASSOCIATES INC. "CONSULTANT", and collectively referred to as the "PARTIES".

RECITALS
A. The "PARTIES" previously entered into an Agreement entitled “PROJECT AGREEMENT #1 TO THE MASTER AGREEMENT FOR PROFESSIO1919NAL CONSULTANT SERVICES FOR NON-FEDERAL PROJECTS: Geotechnical Services" executed on October 23, 2023 (the Project Agreement).

B. The parties wish to refine and update the current scope of services to reflect changed project conditions and updated information to complete the Plans, Specifications and Estimates (PS&E) component of the Project Agreement.

C. The total compensation due under the existing terms of the Project Agreement in an amount of $23,178.00, together with Amendment 1 in an amount of $17,996.00, totaling $41,174.00.

NOW THEREFORE the PARTIES agree as follows:

1. The "Scope of Services" contained in the Project Agreement, together with Amendments 1, is amended to include the items set forth in EXHIBIT "A", attached hereto.

2. Except as amended as provided herein, all the remaining terms and conditions of the Project Agreement executed October 11, 2023, shall remain in full force and effect. If any provisions of the Project Agreement executed October 11, 2023, are inconsistent with the provisions of this Amendment No.1, the provisions of this Amendment No. 1 shall control.

3. CITY will provide specific written authorization for each task item consistent with allocated budget for the project and the CONSULTANT shall only then proceed with the scope of service.

ITEM 8
IN WITNESS WHEREOF, the parties have executed this AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH CRAWFORD & ASSOCIATES, INC. the dates indicated below.

Dated: _______________, 2024

Dated: _________________, 2024
CITY OF CERES, a municipal corporation

By_______________________________
Signature

Douglas D Dunford, City Manager
__________________________________
Name and Title

CONSULTANT

By_______________________________
Signature

Benjamin D Crawford, President
_________________________________
Name and Title

APPROVED AS TO FORM

Nubia I. Goldstein
__________________________________

CITY ATTORNEY

ITEM 8

1 Corporate Office: 4701 Freeport Boulevard, Sacramento, CA 958 22 Modesto: 1405 8th Street , Modesto, CA 95354
Pleasanton: 6200 Stoneridge Mall Road, Suite 330, Pleasanton , CA 94588 Rocklin: 4220 Rocklin Road, Suite 1, Rocklin, CA 95677
Seattle: 1448 NW Market Street, Suite 500, Seattle, WA 98107 Ukiah: 100 North Pine Street, Ukiah, CA 95482

December 8, 2023

Kevin Waugh
City Engineer
City of Ceres | Engineering Services Department
2220 Magnolia Street
Ceres, CA 95307

Smyrna Park Improvements Project
Environmental and Materials Testing Services
Ceres, California
Amendment 1

Dear Mr. Waugh,

At your request, Crawford & Associates, Inc. (Crawford) prepared this Amendment 1 proposal to provide the following additional services to complete the construction for the Smyrna Park Improvements project. We understand the remaining tasks include subgrade compaction, aggregate base (AB) placement and compaction, HMA placement and compaction, concrete placement, and bolt and weld inspections for the pre-manufactured shade structure.

• Compaction Testing: Crawford will perform additional compaction testing on remaining trench backfill soils, subgrade, aggregate base, and HMA, as applicable; • Concrete Strength Testing: Crawford will perform additional concrete special inspection sampling and testing per ACI;
• Masonry Grout Testing: Crawford will perform masonry grout special inspection sampling and testing;
• Bolt and Weld Inspection: Crawford will perform bolt and weld inspection at the project site for the pre-manufactured shade structure;
• Laboratory Testing: Crawford will perform additional laboratory testing on sampled material including compaction curves for soil and aggregate base, and concrete and grout compressive strength testing.

Our field technicians will prepare daily field reports with a description of the daily events and test results. The daily field reports will be reviewed by a Crawford project manager and provided to the City.

FEE ESTIMATE
Based on our construction experience and the project size, visits will likely be half-day to a full- day. The fee estimate below is based on our experience with similar projects. The actual cost depends on the actual construction schedule, process, number of tests required, and on the contractor’s ability to schedule multiple concurrent tasks. Based on our experience, our fee could be as much as 45% lower or higher than our estimate due to contractor’s actual scheduling, size of grading crews, construction delays, retests, expanded scope and other items not known at this time.

ITEM 8
Smyrna Park Improvements Project
Amendment 1
Ceres, California December 8, 2023

2 We will only invoice you for the time required to complete the project. We will notify you in a timely manner if we expect to exceed the estimated fee due to contractor’s schedule or required retesting. All laboratory and nuclear density testing will be per ASTM procedures. Over-time rates (rate x 1.5) may apply for site visits requested before 7:00 a.m. or after 4:00 p.m.; site visits requested with less than 48-hours notice; and same-day schedule changes. Site visits on Sundays or holidays will be billed at the straight-time hourly rate times two.

Crawford will perform the materials testing services for the estimated fee below.

Smyrna Park Improvements Project
Coordination and Preparation $530
Compaction Testing $5,579
(5 visit – 5 hrs per visit)
Concrete Sampling/Testing $2,699
(3 visits – 4 hrs per visit)
Bolt and Weld Inspection
Masonry Grout Testing
$5,115
(2 visits – 6 hrs per visit)
(2 visits – 4 hrs per visit)
Laboratory Tests $1,737
Daily Field Reports and Review $2,336
Total Estimate $17,996

Crawford calculated the above fee estimates based on the following hourly rates (per our Non- Federally Funded contract dated March 21, 2023 and our May 2023 to May 2024 rates) and the above estimated durations onsite.

Special Inspector (Bolt/Weld) $225/hour
Masonry Technician $190/hour
Senior Project Manager $210/hour
Project Manager $189/hour
Senior Geologist $173.25/hour
Field Technician (PW, w/ Nuclear Gauge) $152.25/hour
Project Engineer I $141.75/hour
Staff Engineer $120.75/hour
Administrative Assistant $94.50/hour
Mileage $0.65/mile

ITEM 8
Smyrna Park Improvements Project
Amendment 1
Ceres, California December 8, 2023

3 Please contact us if you have any questions or require additional information.

Crawford & Associates, Inc.

Johnathan Wright, PE, GE
Project Manager

Attachment: Fee Itemization

ITEM 8
Crawford Associates, Inc., 1100 Corporate Way, Suite 230, Sacramento, CA 95831 - (916) 455-4225 - www.crawford-inc.com Project Name:

Description:

County / City:

TASK CLASSIFICATION / SERVICES HOURS /

QUANTITY RATE UNIT MULT SUBTOTAL TOTAL

MATERIALS TESTING SERVICES
TASK No. 1 - Coordination and Preparation
Senior Project Manager 0.5 210.00$ Hour 1 105.00$ Project Manager 1 189.00$ Hour 1 189.00$ Project Engineer I 1 141.75$ Hour 1 141.75$ Staff Engineer 0 120.75$ Hour 1 -$
Administrative Assistant 1 94.50$ Hour 1 94.50$ 530$
TASK No. 2 - Sample Collection and Compaction Testing
5 visits (5 hrs/visit) for Project Manager 2 189.00$ Hour 1 378.00$ compaction testing. Field Technician (Prevailing Wage) 25 152.25$ Hour 1 3,806.25$ Project Engineer I 4 141.75$ Hour 1 567.00$ Staff Engineer 2 120.75$ Hour 1 241.50$
Nuclear Density Test 55 10.00$ Test 1 550.00$ Mileage 55 0.65$ Mile 1 35.75$
5,579$
TASK No. 3 - Concrete Testing and Cylinder Pickup
3 visits (4 hrs/visit) Project Manager 1 189.00$ Hour 1 189.00$ 3 visits - pick up cylinders Concrete Technician (Prevailing Wage) 12 141.75$ Hour 1 1,701.00$ Project Engineer I 2 141.75$ Hour 1 283.50$ Staff Engineer 4 120.75$ Hour 1 483.00$
Mileage (Testing and Cylinder Pickup) 66 0.65$ Mile 1 42.90$ 2,699$
TASK No. 4 - Bolt, Weld & Masonry Inspection
Bolt: 1 visit total (6 hrs/visit) Project Manager 2 189.00$ Hour 1 378.00$ Weld: 1 visit total (6 hrs/visit) Bolt Inspector (Prevailing Wage) 6 225.00$ Hour 1 1,350.00$ Weld Inspector (Prevailing Wage) 6 225.00$ Hour 1 1,350.00$ Masonry Technician (Prevailing Wage) 8 141.75$ Hour 1 1,134.00$ Project Engineer I 6 141.75$ Hour 1 850.50$ Mileage (Testing and Cylinder Pickup) 80 0.65$ Mile 1 52.00$ 5,115$
TASK No. 5 - Laboratory Analysis
Project Manager 0 189.00$ Hour 1 -$
Staff Engineer 1 120.75$ Hour 1 120.75$
Compaction Curve (6-inch, ASTM D1557) 1 450.00$ Test 1 450.00$ Compaction Curve (4-inch, ASTM D1557) 1 500.00$ Test 1 500.00$ Concrete Cylinder (4x8) 10 37.00$ Test 1 370.00$ Grout 8 37.00$ Test 1 296.00$
1,737$
TASK No. 6 - Daily Field Reports and Review
Senior Project Manager 1 210.00$ Hour 1 210.00$ Project Manager 5 189.00$ Hour 1 945.00$ Project Engineer I 7 141.75$ Hour 1 992.25$ Administrative Assistant 2 94.50$ Hour 1 189.00$ 2,336$
CRAWFORD & ASSOCIATES TOTAL (MATERIALS TESTING ) 17,996$

ENVIRONMENTAL AND COMET SERVICES - COST PROPOSAL
Masonry: 2 visits total (4
hrs/visit)
* Overtime and Graveyard Charges May Apply
Smyrna Park Improvements
Proposal Date: December 8, 2023
City of Ceres
COMET Services - Amendment 1
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: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 2024- XXX, Accepting M orrow V illage P hase 2 CDBG Sidewalk Improvement Project as Complete, Approving the Balance Contract C hange O rder, A uthorizing the F iling of the Notice of C ompletion, and Authorizing the Release of the Retention to the Contractor
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a Resolution accepting Morrow Village Phase 2 CDBG Sidewalk Improvements Project as complete, approving the balancing contract change order, authorizing the filing of the notice of completion, and authorizing releasing the retention to the contractor.

I. BACKGROUND:

The Project was awarded to United Pavement Maintenance Inc ., at the April 10th, 2023, City Council meeting. The scope of the improvements included concrete sidewalk, curb, gutter, and driveways on Rose Avenue from Garrison Avenue to Whitmore Avenue.

II. REASONS FOR RECOMMENDATION:

All work has been substantially completed since November 28th, 2023, and has been completed in accordance with the contract, plans, specifications and to the satisfaction of the City.

III. FISCAL IMPACTS:

The construction authorization included a base bid amount of $445,827.00 and a 10% contingency of $46,582.70. Final construction costs came in at $463,662.07 which used up 4% of the project contingency.

ITEM 9
Funds are available in account number 29195.800500 (Federal CDBG funds) and 27195.800500 (Measure L funds). This does not impact the General Fund or any other City Fund.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

Upon acceptance of this work, the Public Works Street Department will provide ongoing maintenance.

VII.

PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

The subject project is an infill project to an existing roadway therefore, a California Environmental Quality Act (CEQA) Categorical Exemption, per Section 15301(c) Existing Facilities.

IX. STEPS FOLLOWING APPROVAL:

Following the acceptance of the improvements, the Notice of Completion will be filed, and the 5% retention will be released after 35 days if no claims are filed.

Approved by: _______________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Notice of Completion

3. Attachment C – Balance Contract Change Order
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2024-XXX
ACCE
PTING MORROW VILLAGE PHASE 2 CDBG SIDEWALK

IMPROVEMENTS PROJECT AS COMPLETE, APPROVING THE BALANCE

CONTRACT CHANGE ORDER, AUTHORIZING THE FILING OF THE NOTICE

OF COMPLETION, AND AUTHORIZING THE RELEASE OF THE RETENTION

TO THE CONTRACTOR
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the contract for the Morrow Village Phase 2 CDBG Sidewalk Improvement Project was awarded to United Pavement Maintenance, Inc.; and W
HEREAS, the contractor has completed all work required pursuant to their contract with the City of Ceres for the Morrow Village Phase 2 CDBG Sidewalk Improvement Project; and WHEREAS, the Public Works Director has recommended that this project be accepted as complete, and that United Pavement Maintenance, Inc., be paid all sums due under the contract; and
W
HEREAS, the final contract amount is $463,662.07 with United Pavement Maintenance and the funds to cover the final payment and retention funds are available in account number 291.95.800500 and 271.95.800500; and
W
HEREAS, the contractor be paid all sums due under the contract less five percent (5%) retention, which said five percent (5%) retention shall be paid no earlier than 35 days after filing of the Notice of Completion; and
W
HEREAS, it appears that the sums due under the contract are reasonable.

N
OW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept Morrow Village Phase 2 CDBG Sidewalk Improvement Project as complete, approves the balance contract change order, authorizes the filing of the Notice of Completion, and authorizes the release of the retention to the contractor.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of February 2024, by the following vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_______________________________

Javier Lopez, Mayor
ATTEST:
_________________________________
_
Fallon Martin, City Clerk
ITEM 9
ITEM 9

ATTACHMENT B
NO

TICE OF COMPLETION
NO
TICE IS HEREBY GIVEN:

1. On Ap
ril 10, 2023, the City of Ceres, a Municipal Corporation in the County of Stanislaus, State of California accepted the bid from United Pavement Maintenance, Inc., for the construction of the Morrow Village Phase 2 CDBG Sidewalk Improvement Project

2. On N
ovember 28, 2 023, the said contract as a whole was completed by United Pavement Maintenance, Inc ., and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 12th day of February 2024.

By
: _______________________________
Fallon Martin, City Clerk
City of Ceres
VERI

FICATION
I
, the undersigned, affirm:

I
am the person who signed the foregoing notice. I have read and understand the above notice and know its contents, and the facts stated therein are true and correct to the best of my knowledge.

I
declare under penalty of perjury that the foregoing is true and correct.

E
xecuted in the City of Ceres, County of Stanislaus, State of California on this 12th day of February 2024.

By
: ________________________________________,
Fallon Martin, City Clerk
ITEM 9
ITEM 9
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Samir Royal, Director of Public Works
[email protected] , (209) 538-5717
SUBJECT:

Resolution No. 2024- XXX, Approving an Agreement with Rolfe Construction, Inc. for the River Ranch Sewer Lift Station Power Upgrade Project, Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to award the Construction Agreement for the River Ranch Sewer Lift Station Power Upgrade Project to Rolfe Construction Inc. in the amount of $90,240.00, plus a 10% contingency of $9,024.00, and authorize the City Manager to execute the Agreement.

I. BACKGROUND:

Existing River Ranch sewer lift station serving River Ranch Community sub-division is located between 2045 Bridget Marie Drive & 761 Ehlers Dr ive in the City of Ceres. The sewer lift station was constructed and in service in 2002. The lift station is 16 feet deep, 6 feet in diameter , consists of dual pumps at 40 GPM capacity , equipped with variable speed drive and powered with single-phase electrical power.

By using the existing outdated single- phase 120-volt AC (VAC) power system, it takes 125 amps to power the rack equipment for the River Ranch sewer lift station. To run a more efficient lift station, w astewater staff is coordinating with TID to provide plans to upgrade the existing single-phase 120-volt system, to a three-phase 240-volt system.

River Ranch lift station will also be upgraded and integrated into the Wastewater SCADA system. The old SCADA system is failing, and River Ranch has not communicated with it in months. All lift station control panels have been modified or built new so that they are all standardized to use the same parts and troubleshooting methods. To install the new panel, the TID supplied power needs to be upgraded.

ITEM 10

II. REASONS FOR RECOMMENDATION:

Proposals for construction were due on January 4, 2024. Rolfe Construction, Inc. submitted the lowest responsive and responsible bid in the amount of $90,240.00. A ten percent contingency in an amount of $9,024.00 is required for unforeseen construction costs which brings the project total amount to $99,264.00. A full bid summary is attached hereto.

III. FISCAL IMPACTS:

The project was included and programmed in fiscal year 22/23 Capital Improvement Plan (CIP) budget account number 56795.800500 for $250,000.00.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.

V. POLICY ALTERNATIVES:

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

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

The project is CEQA Categorically Exempt per Section 15301 Class 1 (b) (c) Existing Facilities and (d) Restoration of Facilities.

IX. STEPS FOLLOWING APPROVAL:

Following City Council approval, the City Manager shall execute the contract.

Approved by: ____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Bid Summary

3. Attachment C –Agreement for Construction Services
ITEM 10

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING AN AGREEMENT WITH ROLFE CONSTRUCTION, INC.

FOR THE RIVER RANCH SEWER LIFT STATION POWER UPGRADE
PROJECT, AUTHORIZING A 10% CONTINGENCY, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the existing River Ranch sewer lift station serving River Ranch Community sub-division is located between 2045 Bridget Marie Drive & 761 Ehlers Drive in the City of Ceres; and

WHEREAS, the sewer lift station was constructed and in service in 2002, consists of dual pumps, a variable speed drive and is powered with single-phase electrical power; and

WHEREAS, to run an efficient lift station, wastewater staff is coordinating with TID to provide plans to upgrade the existing single-phase 120 Volt system, to a three-phase 240-volt system; and

WHEREAS, p roposals for the project were due on January 4, 2024. Rolfe Construction, Inc. submitted the lowest responsive and responsible bid in the amount of $90,240.00; and

WHEREAS, a ten percent contingency in the amount of $9,024.00 is required for unforeseen construction costs bringing the project total amount to $99,264.00; and

WHEREAS, the project was included and programmed in the f iscal year 22/23 Capital Improvement Plan (CIP) budget account number 56795.800500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with Rolfe Construction, Inc. for the River Ranch Sewer Lift Station Power Upgrade Project, authorizes a 10% contingency, and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12
th day of February 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ITEM 10

ATTACHMENT A
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 10

ATTACHMENT B

PUBLIC WORKS DEPARMENT
2220 HACKETT ROAD
CERES, CA 95307-3600
(209) 538-5732
City of Ceres River Ranch Power Upgrade Project

BID SUMMARY
January 4, 2024, 3:00 p.m.

Contractor Company Bid
Rolfe Construction Inc.

1. Mobilization $7,226.00

2. Re-route Non TIO Facilities as needed $20,306.00

3. Furnish and Install Large Pull Box $38,454.00

4. Remove & Replace Concrete Walk $10,500.00

5.Restoration-lrrigation, SOD replacement & $13,754.00
artificial turf adjustment
Lowest Bidder Total Base Bid $90,240.00
Bockman & Woody Electric Co., Inc.
1 . Mobilization $5,000.00

2. Re-route Non TIO Facilities as needed $28,750.00

3. Furnish and Install Large Pull Box $36,595.00

4. Remove & Replace Concrete Walk $10,000.00

5.Restoration-lrrigation, SOD replacement & $12,500.00
artificial turf adjustment
Total Base Bid $92,845.00
Staff recommends going with the lowest bidder, as this bidder is already serving the City of Ceres Recreation
ITEM 10
ITEM 10

AGREEMENT
FOR

CONSTRUCTION SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of
California, this 12th day of February 2024, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and ROLFE CONSTRUCTION, INC., hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

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

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

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

ITEM 10

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

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

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

ITEM 10

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

7. TERM OF AGREEMENT
This Agreement shall be effective FEBRUARY 12, 2024, and will continue in effect until JULY 12, 2024, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the construction services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit B. The total compensation to CONTRACTOR shall not exceed NINETY THOUSAND TWO HUNDRED AND FORTY DOLLARS ($90,240.00). CITY will make progress payments ITEM 10

monthly upon the request of CONTRACTOR based upon the percentage of the work completed as determined by the CITY.

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

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

The Contract Officer’s decision shall be final.

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

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or ITEM 10

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 Agreement if so required at the option of CITY.

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

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

17. AMENDMENTS
ITEM 10

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 Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

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

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

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

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

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has ITEM 10

the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

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

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

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

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

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

FOR CONTRACTOR: Name: Rolfe Construction, Inc.

Address: 3573 Southern Pacific Ave.

Atwater, CA. 95301
Attention: Dennis Rolfe
Phone: (209) 358-5548

FOR CITY: Name: CITY of Ceres
Address: 2220 Hackett Rd
Ceres, CA 95307
Attention: Sam Royal
Phone: (209) 538-5717

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

ITEM 10

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

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

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

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

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

ITEM 10

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

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

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

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

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

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its ITEM 10

agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

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

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

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

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

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

27. 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 ITEM 10

Department of Industrial Relations of the State of California.

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

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

29. 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 Agreement by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This CONTRACTOR shall include the nondiscrimination and compliance ITEM 10

provisions of this clause in all subcontracts to perform work under the Contract.

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

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

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

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

33. 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.

IN WITNESS WHEREOF, the parties have executed this Agreement on ITEM 10

the dates indicated below.

Dated , 2024 Dated , 2024
CITY OF CERES, a municipal corporation CONTRACTOR
By By
Douglas D. Dunford, City Manager Signature

Dennis Rolfe/Owner
Typed name/title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk
ITEM 10

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

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

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$5,000,000 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: $5,000,000 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 10

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 10

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 10

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 10
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EXHIBIT B
ITEM 10
ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Samir Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 2024- XXX, Approving Amendment No. 1 with Provost and Pritchard Consulting Group to Develop Well 22 Granular Activated Carbon (GAC) Treatment Vessels, Authorizing a Budget Amendment to Allocate Funds and Authorizing the City Manager to Execute the Amendment
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the City Manager to approve Project Amendment No.1 for the Professional Services C ontract with Provost & Pritchard Consulting Group to Develop Well 22 GAC Treatment Vessels and a uthorizing a Budget Amendment to allocate funds.

I. BA CKGROUND:

Well 22, located at 1921 Rockefeller Ave, can produce 1,300 gallons per minute at 55 psi.

Water currently produced from Well 22 contains 10- 29 pCi/L uranium. Well 22 water is treated by ion exchange with side- stream blending to meet State Water Resources Control Board Title 22 Drinking Water Standards to consistently and reliably maintain treated water uranium concentrations of less than 16 pCi/L. The ion exchange treatment system is comprised of five pressure vessels loaded with DOW Dowex 1 strong base anion exchange resin for uranium removal. Well 22 als o exceeds the primary maximum contaminant level (MCL) of .005 parts per billion (ug/L) for Synthetic Organic Contaminant 1,2,3,-Trichloropropane (1,2,3-TCP) so Granular Activated Carbon treatment is required.

A professional services contract to design Well 22 GAC vessels to treat MCL for 1,2,3- TCP was awarded by City Council to Provost & Pritchard Consulting Group on November 22, 2021, Resolution 2021-119 for an amount of $70,800.00.

II. REA
SONS FOR RECOMMENDATION:

The design plan & specification by the consulting group Provost & Pritchard for Well 22 ITEM 11
consists of two pairs of 20,000 -lb GAC treatment vessels installed on an at -grade foundation, including above & below grade piping, concrete, and site fencing. Well 22 produces a large volume of potable water for the city and is one of the main supply wells for water system. Currently, Well 22 is not equipped with a standby emergency generator, which the other high producing Wells serving the City water system have.

A request for proposal for the additional standby emergency generator, including updating project plans and specifications was submitted by the consulting group Provost & Pritchard for an amount of $15,000.00. See Attachment C, Exhibit A.

III. F ISCAL IMPACTS:

As a result in scope change, staff recommends increasing Provost & Pritchard Consulting Group’s professional services contract for an amount of $15,000.00 . A budget amendment, attached hereto, will need to be processed. S taff is asking to allocate $15,000.00 from Water E-WTR2211-Design fund 52795.800500.

IV. EXI STING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

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

V. PO LICY ALTERNATIVES:

The alternative to this proposal is to not move forward with the standby emergency generator potentially leav ing Well 22 out of service for a period during power outages, resulting in water pressure loss throughout water distribution system.

VI. I NTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBL IC PARTICIPATION:

N/A
VIII. ENVI RONMENTAL REVIEW:

N/A
IX. ST EPS FOLLOWING APPROVAL :

Upon approval, the City Manager shall approve Project Amendment No.1 and the Finance Director shall make the appropriate accounting entries.

Approved by: ________________________
Douglas D. Dunford
City Manager
ITEM 11

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Contract Amendment No.1
ITEM 11
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING AMENDMENT NO. 1 WITH PROVOST AND PRITCHARD
CONSULTING GROUP TO DEVELOP WELL 22 GRANULAR

ACTIVATED CARBON (GAC) TREATMENT VESSELS, AUTHORIZING

A BUDGET AMENDMENT TO ALLOCATE FUNDS, AND

AUTHORIZING CITY MANAGER TO EXECUTE THE AMENDMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, Well 22, located at 1921 Rockefeller Ave, is capable of producing 1,300 gallons per minute at 55 psi. Water currently produced from Well 22 contains 10- 29 pCi/L uranium; and

WHEREAS, Well 22 also exceeds the primary maximum contaminant level (MCL) of .005 parts per billion (ug/L) for Synthetic Organic Contaminant 1,2,3,-Trichloropropane (1,2,3-TCP) and Granular Activated Carbon treatment is required; and

WHEREAS, a professional services contract to design Well 22 GAC vessels to treat MCL for 1,2,3 -TCP was award ed to Provost & Pritchard Consulting Group on November 22, 2021, Resolution 2021-119 for an amount of $70,800.00; and

WHEREAS, Well 22 produces a large volume of potable water for the city, and is one of the main supply wells for water system but is not equipped with a standby emergency generator; and

WHEREAS, a request for proposal for the additional standby generator including updating project plans and specifications was submitted by the consulting group Provost & Pritchard for an amount of $15,000.00; and

WHEREAS, a budget amendment in the amount of $15,000.00 will need to be processed to allocate funds from Water E-WTR2211-Design fund 52795.800500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve Amendment No. 1 with Provost and Pritchard Consulting Group to develop Well 22 Granular Activated Carbon ( GAC) Treatment Vessels, authorizes a budget amendment to allocate funds, and authorizes the City Manager t o execute the amendment.

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 12
th day of February 2024, by the following vote:

AYES: Councilmembers:

ITEM 11

ATTACHMENT A
NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 11

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2024- , dated February 12, 2024 authorizing appropriations for professional services contract with Provost & Pritchard Consulting Group to Develop Well 22 GAC treatment vessels

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
E-WTR2211-Design 527 95 800500 $15,000.00

Requested Appropriation $15,000.00
2021 - 2022 Current Appropriation $70,800.00
Total Appropriation $85,800.00

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
PROJECT AMENDMENT NO. 1
TO

THE AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

BETWEEN THE CITY OF CERES AND PROVOST & PRITCHARD

CONSULTING GROUP
FOR WELL 22 GAC TREATMENT VESSELS SPECIFICATIONS, CONSTRUCTION

MANAGEMENT AND INSPECTIONS PROJECT
Thi
s Amendment No. 1 to the Agreement for Professional Consultant Services with Provost & Pritchard Consulting Group dated January 18, 2024, is made by and between the City of Ceres, a municipal corporation, "CITY", and Provost & Pritchard Consulting Group "CONSULTANT", and collectively referred to as the "PARTIES".

RECI
TALS
A. T
he "PARTIES" previously entered into an Agreement entitled “PROFESSIONAL CONSULTANT SERVICES FOR WELL 22 GAC TREATMENT VESSLES

SPECIFICATIONS, CONSTRUCTION MANAGEMENT AND SPECIFICATIONS PROJECT, executed on November 22, 2021, Reso. 2021-119 (the Project Agreement).

B. T
he parties wish to update the Plans & Specifications for the current project scope of services to include a standby emergency generator.

C. The total compensation due under the terms of existing Proj ect Agreement for an amount of $70,800.00, and Project Amendment No. 1, for the amount of $15,000.00 for a combined total amount of $85,800.00. See Attachment B for Budget Amendment.

NO
W THEREFORE the PARTIES agree as follows:

1. The "Scope of Services" contained in the Project Ag reement, together with Amendment No. 1, is amended to include the items set forth in EXHIBIT "A", attached hereto.

2. E
xcept as amended as provided herein, all the remaining terms and conditions of the Project Agreement executed November 22, 2021, shall remain in full force and effect. If any provisions of the Project Agreement executed November 22, 2021, are inconsistent with the provisions of this Amendment No.1, the provisions of this Amendment No. 1 shall control.

3. CIT
Y will provide specific written authorization for each task item consistent with allocated budget for the project and the CONSULTANT shall only then proceed with the scope of service.

ITEM 11

ATTACHMENT C

IN WITNESS WHEREOF, the parties have executed this PROJECT AMENDMENT NO.1 TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH PROVOST & PRITCHARD CONSULTING GROUP the dates indicated below.

Dated: _______________, 2024

Dated: _________________, 2024
CITY OF CERES, a municipal corporation

By_______________________________
Signature

Douglas D Dunford, City Manager
__________________________________
Name and Title

CONSULTANT

By_______________________________
Signature

Keith Mortensen, Dir. of Operations
_________________________________
Name and Title

APPROVED AS TO FORM

Nubia I. Goldstein
__________________________________

CITY ATTORNEY

ITEM 11
455 W Fir Ave • Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
G:\Ceres_City of-3553\355322001-Well 22 Wellhead Treatment\000 Project Management\010 Base Contract\Contract Amendment 1 - Ceres\Ceres Well 22 Contract Ammnedment 1.docx
Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID SCOPE & BUDGET CHANGE AMENDMENT NO. 1
To: Sam Royal
City of Ceres Email: [email protected]
CC: Email:

From: Keith Mortensen Date: 1/18/2024
Subject: City of Ceres Well 22 Wellhead Treatment Project COMMENTS:

A scope and budget amendment are hereby submitted for Provost & Pritchard Consulting Group to incorporate the following changes:

JOB NAME, JOB NO. 03553-22-001, AMENDMENT

1. Addition of standby generator to provide power for both Well 22 and future tenant improvements

2. Coordination of new TID Service to existing multitenant building with new centralized service and related electrical distribution

3. Additional site visits

4. Preparation of separate fencing plan
The signature below hereby authorizes a change in the time and materials budget:

BUDGET AMENDMENT
Current Budget: $70,800
Incremental Fees for Additional Scope: $15,000
New Budget: $85,800
Please sign, date and return to Keith Mortensen at Provost & Pritchard Consulting Group by emailing [email protected].

Client: City of Ceres Provost & Pritchard Engineering Group, Inc. dba Provost & Pritchard Consulting Group
By: By:

Name/Title: Name/Title: Keith Mortensen
Director of Operations
Date Signed: Date Signed: 1/18/2024

EXHIBIT A
ITEM 11
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Samir Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT: Resolution No. 202 4-XXX, Approving Amendment No. 1 with Jeremy Damas for Public Works Project Management and
Consultation and to S erve as the Chief Operator of the Water System, Authorizing a Budget Amendment to Allocate Funds, and Authorizing the City Manager to Execute the Amendment
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the City Manager to approve Project Amendment No. 1 to the Professional Services Contract with Jeremy Damas for P ublic Works Project and Program Management Consultation Services, and to serve as the City’s Chief Operator of the Water System and authorizing a Budget Amendment to allocate funds.

I. BACKGROUND:

The Ci
ty of Ceres is regulated by several boards and commissions as they relate to Water, Stormwater, and Wastewater standards. The City must maintain licenses and permits, meet reporting requirements , and adhere to strict legal requirements and compliance regulations. Complying with the State of California’s water laws is of utmost importance to ensure the residents have safe drinking water, that wastewater quality is monitored prior to discharge, and storm water regulations are followed to protect local waterways.

The wat
er laws and regulations of California are extensive and require dedicated time and knowledge in order to stay current on these laws and expectations the City is to oblige by. By state law, the City must have employees or consultants who are certified in specific areas to meet the state’s requirement and have an assigned Chief Operator of the Water System who holds these certifications. Staff has determined it to be in the best interest of the City to hire a consultant to fulfill these requirements.

A professional services contract was awarded by City Council on June 12, 2023 to Jeremy Damas, to serve as a Chief Water Distribution Officer, Chief Water Treatment Operator, and Radiation Safety Officer for the City.

ITEM 12
II. REASONS FOR RECOMMENDATION:

Jeremy Damas was the previous Public Works Director and currently holds the certifications for water and wastewater. He has extensive background knowledge on current Public Works projects, as well as future projects and impending regulations and laws. The City has benefited greatly from his expertise during his contract term, especially for the newly added treated surface water project. The introduction of surface water into the distribution system has consumed most of Jeremy’s time, with unanticipated work analyzing data, Stanislaus Regional Water Authority ( SRWA) meetings, upsets in the system, and programing and integration into the existing distribution . The goal to have the surface water supply meet 80% of the system demands has been accomplished with 0 water quality complaints to date.

Now that the surface water supply has been integrated since mid-November of 2023, there is daily maintenance necessary to supply treated surface water as well as the analysis of the test results and reporting required. As Chief Operator, Jeremy is required to complete a Technical and Operations Plan as it relates to the entire water system with the integration of the new supply. Along with this plan, there is the daily analysis of charts and trends, managing the integration of the new supply, and review ing water quality results. In addition to this work, there is technical guidance needed to complete the construction of new facilities, operations plan s for those facilities, long term disinfection by-product planning and testing, l ead and copper testing and analyzing, and giving recommendations for system improvements or enhancements as needed to continue the integration. It is anticipated that the bulk of this work will be completed by June 30, 2024.

III. F
ISCAL IMPACTS :

Staff recommends increasing Jeremy Damas’ professional service contract in the amount of $48,000.00 for additional work required to complete his assignments . A budget amendment, attached heret o, will need to be approved. S taff is asking to allocate $12,000.00 from Wastewater Contract Services fund 56725.029900 and $36,000.00 from Water Contract Services fund 52735.029900 which is a 25/75 percent split.

IV. E XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN :

The recommended action supports the Government Operations sections of the strategic plan, “Providing quality services to meet community needs, assuring the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services.”
V. P
OLICY ALTERNATIVES :

Should the Council decide not to approve the amendment(s) , the City will not have an identifiable and certified Chief Operator of the Water System and will fall out of compliance with current permits and several governing agencies, including the State Water Resources Control Board.

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A

ITEM 12
VII. PUBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW:

N/A
IX. ST EPS FOLLOWING APPROVAL:

Upon approval, the City Manager shall execute Project Amendment N o.1 for the professional services contract and the Finance Director shall make the appropriate accounting entries.

Approved by: ________________________
Doug Dunford, City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Amendment No. 1
ITEM 12
ITEM 12

ATTACHMENT A
RESOLUTION NO. 2024-XXX
AP
PROVING AMENDMENT NO. 1 WITH JEREMY DAMAS FOR

PUBLIC WORKS PROJECT MANAGEMENT AND CONSULTATION

AND TO SERVE AS THE CHIEF OPERATOR OF THE WATER

SYSTEM, AUTHORIZING A BUDGET AMENDMENT TO ALLOCATE

FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AMENDMENT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the City of Ceres is regulated by several boards and commissions as they relate to Water, Stormwater, and Wastewater standards and must maintain licenses and permits, meet reporting requirements, and adhere to strict legal requirements and compliance regulations; and
W
HEREAS, t he City must have employees or consultants who are certified in specific areas to meet the state’s requirement and have an assigned Chief Water Operator for the water system who holds these certifications; and W
HEREAS, a professional services contract was awarded by City Council on June 12, 2023 to Jeremy Damas, to serve as a Chief Water Distribution Officer, Chief Water Treatment Operator, and Radiation Safety Officer for the City; and W
HEREAS, the integration of treated surface water into the distribution system consumed most of Jeremy’s time, with unanticipated work analyzing data, Stanislaus Regional Water Authority ( SRWA) meetings, upsets in the system, programing and integration into the existing system; and
W
HEREAS, staff recommends increasing Jeremy Damas ’ professional services contract in the amount of $48,000.00 for additional work required to complete his assignments as a Chief Operator of the Water System; and W
HEREAS, a budget amendment will need to be processed to allocate $12,000.00 from Wastewater Contract Services fund 56725.029900 and $36,000.00 from Water Contract Services fund 52735.029900 which is a 25/75 percent split for a total amendment of $48,000.00.

N
OW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approves Amendment No. 1 with Jeremy Damas for Public Works Project Management and Consultation and to serve as the Chief Operator of the w aste system, authorizes a budget amendment to allocate funds, and authorizes the City Manager to execute the amendment.

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

ITEM 12

ATTACHMENT A

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of February 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 12

ATTACHMENT B
Budget Amendment No.

Fiscal Year 2023 - 2024
Reference Resolution No. 2024- , dated February 12, 2024 authorizing appropriations for Jeremy Damas contract for Public Works Project Management and Consultation
Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Water Contract Services 527 35 029900 $36,000.00
Wastewater Contract
Services
567 25 029900 $12,000.00
Requested Appropriation $ 48,000.00
2022 - 2023 Current Appropriation $ 96,000.00
Total Appropriation $144,000.00
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 12
ITEM 12
PROJECT AMENDMENT NO. 1
TO

THE AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

BETWEEN THE CITY OF CERES AND JEREMY DAMAS FOR PUBLIC WORKS

PROJECT MANAGEMENT AND CONSULTATION AND TO SERVE AS THE CHIEF

OPERATOR OF THE WATER SYSTEM
T
his Amendment No. 1 to the Agreement for Professional Consultant Services with Jeremy Damas dated January 5, 2024, is made by and between the City of Ceres, a municipal corporation, "CITY", and Jeremy Damas "CONSULTANT", and collectively referred to as the "PARTIES".

RE
CITALS
A.

The "PARTIES" previously entered into an Agreement entitled “PROFESSIONAL

CONSULTANT SERVICES WITH JERMEY DAMAS FOR PUBLIS WORKS PROJECT

MANAGEMENT AND CONSULTATION AND TO SERVE AS THE CHIEF OPERATOR OF THE WATER SYSTEM, executed on June 12, 2022, Reso. 2023-66 (the Project Agreement).

B. Th
e parties wish to provide additional services of work supporting newly added treated s
urface water to the city water system, monitoring daily maintenance necessary to integrate surface water as well as the analysis of the test results and reporting requirement to the State Water Board, also supporting water/sewer CIP project improvements and operations.

C. The total compensation due under the terms of existing P rofessional Service Agreement for a
n amount of $96,000, and project Amendment No. 1, for an amount of $48,000 for a combined total amount of $144,000.00. See Attachment B, Budget Amendment.

N
OW THEREFORE the PARTIES agree as follows:

1. The "Scope of Services" contained in the Project A greement, together with Amendment 1, is amended to include the items set forth in EXHIBIT "A", attached hereto.

2. Except as amended as provided herein, all the remaining terms and conditions of the Professional Services Agreement executed June 12, 2023, shall remain in full force and e
ffect. If any provisions of the Professional Services Agreement executed June 12, 2023, are i
nconsistent with the provisions of this Amendment No.1, the provisions of this Amendment No. 1 shall control.

3. CITY will provide specific written authorization for each task item consistent with allocated budget for the project and the CONSULTANT shall only then proceed with the scope of s
ervice.

ITEM 12

IN WITNESS WHEREOF, the parties have executed this AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH JEREMY DAMAS the dates indicated below.

Dated: _______________, 2024

Dated: _________________, 2024
CITY OF CERES, a municipal corporation

By_______________________________
Signature

Douglas D Dunford, City Manager
__________________________________
Name and Title

CONSULTANT

By_______________________________
Signature

Jeremy Damas, Owner/Consultant
_________________________________
Name and Title

APPROVED AS TO FORM

Nubia I. Goldstein
__________________________________

CITY ATTORNEY

ITEM 12
2933 Middleboro Pl, Modesto, Ca. 95355 209.202.6664 [email protected] Jeremy Damas
Professional Services
1/
5/2024
Sam Royal, Director of Public Works
City of Ceres
2220 Hackett Road
Ceres, Ca. 95307
Pro
ject: Service agreement to assist the City with Project and Program Management and serve as the City’s Chief
Water Operator
Subject: Proposal for additional services thru June 30, 2024 Dear Mr. Royal:

Th
is scope for additional services of work entails my
understanding of what the city is needing for project and program management as well as a certified chief operator to oversee the water system.

Wi
th the addition of the newly added Treated Surface Water, the amount of work necessary to get this completed and added to the system was underestimated. The surface water has been added to the system and is operating as originally designed if not better than planned. The goal to have the newly added supply be 80% of the system demands has been accomplished with 0 water quality complaints to date.

EXHIBIT A
ITEM 12

Although the supply has been added, there was several
hundred hours of unanticipated work to analyze the data, meetings, upsets in the system, programming and integration into the existing system. Now that the system has been in operation since mid-November of 2023, there is daily maintenance necessary to move water as well as the analysis of the test results and reporting required. We are required to complete a technical and operations plan as it relates to the entire water system with the integration of the new supply. Along with this report, there is the daily analysis of charts and trends, managing the integration of the new supply, review water quality results. In addition to this work, there is technical guidance needed to complete the construction of new facilities, operations plans with those facilities, Long term disinfection by product planning and testing, Lead and Copper testing and analyzing, and giving recommendations for system improvements or enhancements as needed to complete the
addition of the new supply. It is anticipated that the bulk of this work will be completed by June 30, 2024.

My rate of pay for these services would be $100 per hour to get through June 30, 2024 not to exceed $48,000.00

Sincerely,

Jeremy Damas

ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Chris Perry, Interim Chief of Police
[email protected], (209) 538-5725
SUBJECT: Res olution No. 20 24-XXX, Approving the Submission of an Application to the Office of Traffic Safety for a Special Traffic Enforcement Program (STEP) Grant
RECOMMENDED COUNCIL ACTION:

Staf
f recommends Council authorize the submission of an application to the Office of Traffic Safety for a Special Traffic Enforcement Program (STEP) Grant.

I. BACKGROUND:

The Of
fice of Traffic Safety has created a grant that will provide funding for equipment and personnel overtime costs associated with the department organizing and staffing the following:
• DUI Checkpoints
• DUI Saturation Patrols
• Distracted Driving Patrols
• Night-time Click it or Ticket Patrols
• Enforcing traffic violations, which are the primary causes of collisions, during Selective Traffic Enforcement.

The Gr
ant will provide funding for Traffic Enforcement items such as a new traffic enforcement/equipment vehicle. It will also provide up to 80, 8- hour shifts of overtime (including the cost of benefits) to be used for DUI Checkpoints, Saturation Patrols, Selective Traffic Enforcement, Distracted Driving Patrols, Night -time Click it or Ticket Patrols and Community Education
II. REASONS FOR RECOMMENDATION:

Havi
ng equipment and funding for overtime will enable our officers to spend more time in the community for the purpose of prevention, enforcement, and education in Traffic Safety.

ITEM 13
III. FISCAL IMPACTS:

The Grant will provide $65,000.00 for the purchase of equipment, and $104,663.29 to pay for overtime expenses (including the cost of benefits) incurred during DUI Checkpoints, Saturation Patrols, Selective Enforcement, Distracted Driving Patrols, and Night -time Click it or Ticket Patrols.

There is no fiscal impact to the City. The equipment purchased by the g rant will become the property of the City of Ceres and the overtime for o fficers will be covered 100% for the life of the grant, which is one year.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Approval of this g rant application fulfills the strategic plan for Government Operations:
“Provide quality services to meet community needs, assuring that the City has…well trained and properly equipped…staff.”
V. POLICY ALTERNATIVES:

Council could choose to not approve the application for this g rant. If not approved, additional traffic checkpoints, patrols, enforcements and community education would not be feasible.

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, Ceres Police personnel will move forward with completing and submitting the grant application for approval.

Approved by: ____________________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – STEP Grant Application Information

ITEM 13

ATTACHMENT A
RESOLUTION NO. 2024-XXX
APPR

OVING THE SUBMISSION OF AN APPLICATION TO THE OFFICE OF

TRAFFIC SAFETY FOR A SPECIAL TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT
T
he City Council
City of Ceres
W
HEREAS, the Selective Traffic Enforcement Program (STEP) Grant will assist law enforcement units in obtaining funds to purchase equipment and pay for overtime cost in association with DUI Checkpoints, Saturation Patrols, illegal street racing and Selective Traffic Enforcement; and
W
HEREAS, this equipment and overtime will allow our Officers to spend more time in the Community for the purpose of prevention, enforcement, and education in Traffic Safety; and
W
HEREAS, the Grant award of $ 65,00.00 for equipment and $ 104,663.29 for overtime costs is funding that the Police Department could not cover at this time; and W
HEREAS, there is no additional fiscal impact to the City of Ceres.

N
OW, THEREFORE BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the submission of an application to the Office of Traffic Safety for a Special Traffic Enforcement Program (STEP) Grant.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of February 2024, by the following vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
A
TTEST:
___
__________________________________
Fallon Martin, City Clerk
ITEM 13
ITEM 13
Application :: Page 1 of 15

1. 2.

3. 4.

Application Information
Application No: 25-005385
Application Type: STEP Agency (City or
County): Ceres
Department
(Police
Dept, DA
Office, etc):

Ceres
Police
Department
Authorized
Representative: Aaron Pinon DUNS/SAM
Number: SR2CBKJTJLN3

DUNS/SAM
Expiration
Date:
11/16/2024

DUNS/SAM
Registered Address:
2220
Magnolia
Street
DUNS/SAM City: Ceres, California DUNS/SAM
ZIP+4: 95307-3216
Application Summary
Grants Made Easy Application Titles and Descriptions are pre-populated. For General Grants, provide the Application Title and Application Description.

Application Title:

Selective Traffic Enforcement Program (STEP)
Application Description:

Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

Problem Statement
Describe the problem(s) to be addressed by providing the following:

Describe the city, county, or jurisdiction this grant will impact.

Describe the problem(s) to addressed, supported by current and relevant crash data. (most recent calendar year data/stats)
Define the target population the grant intends to serve and how they are affected by the problem(s).

Do not include state or national information.

ATTACHMENT B
ITEM 13
Application :: Page 2 of 15
Problem Statement:

As of the year 2021, the City of Ceres has a population of 49,282 and covers approximately eight square miles. Ceres is part of the Modesto metropolitan statistical area, and is located in the San Joaquin Valley along State Route 99, south of Modesto and north of Turlock in Stanislaus County. The City of Ceres has four main thoroughfares leading from one city to another, and there are seven entrances/exits from State Route 99 into the city, causing a consistently substantial amount of vehicular traffic at all times of the day and night. All the fatal crashes in Ceres occurred on one of the four main thoroughfares. The City of Ceres is also a popular weekend and night destination with a thriving downtown area containing multiple bars within one block of one another. Additionally, the City of Ceres has multiple breweries within the city limits.

California State University- Stanislaus is only a short eight miles from the City of Ceres. With CSU Stanislaus being in close proximity, officers are frequently faced with crowded bars and restaurants. Evenings and weekends result in an increased populace at local bars, restaurants, and breweries. DUI enforcement has never been so important within the City of Ceres. Incidents of motorists found to be driving under the influence have grossly surpassed that of the year 2022. In the year 2022, the Ceres Police Department made 107 DUI arrests, and in 2023 the Ceres Police Department has made 139 DUI arrests, which is a 30% increase in DUI arrests.

The City of Ceres also faces a continually increasing number of traffic complaints for some of the most dangerous driving behaviors to include speeding, stop sign, and school violations.

The City of Ceres has experienced an increase in the number of traffic crashes. In 2022, there were 693 crashes and in 2023 there were 715 crashes, which is a 3% increase. Of the 693 crashes in 2022, 206 were injury crashes. Of the 715 crashes in 2023, 209 of them were injury crashes. Injury crashes increased by 1%.  Alcohol-related injury crashes decreased by 18% from 22 in 2022, to 18 in 2023.

The City of Ceres saw an increase in the number of fatal crashes and fatalities. In 2022, there was one (1) fatal crash resulting in one fatality. In 2023 there were five (5) fatal crashes, with six fatalities which is a in fatal car crashes and a in total fatalities.400% increase 500 % increase The City of Ceres intends to utilize all enforcement and education efforts to help reduce future crashes. One of the fatal crashes was a DUI fatal crash.

The number of collisions that occurred during nighttime hours (2100-0259) in 2022 was 119, while the number of collisions that occurred during the same timeframe in 2023 was 102, which was a 14% decrease. This may be attributed to the Ceres Police Department’s efforts in directing heavier enforcement to minimize traffic crashes.

Speed remains the top primary crash factor for crashes. In 2022, there were 129 crashes with unsafe speed determined to be the primary crash factor. In 2023, these numbers increased by 2% with 132 crashes with unsafe speed being the primary crash factor. By reducing a driver’s speed, it would also reduce other types of crash factors since drivers would obtain additional stopping distances and additional time to react to hazards, thus avoiding crashes.

The Ceres Police Department plans to stagger days and times that the traffic unit is out on patrol to maximize the effectiveness of enforcement around the city. The Ceres Police Department traffic unit primarily utilizes Harley Motorcycles; however, it makes it uncomfortable and unsafe to ride motorcycles during inclement weather. The City of Ceres is in the central valley where temperatures often exceed 100 degrees during the summer months and temperatures drop below 30 degrees during winter months. Conducting traffic enforcement during low light conditions, such as nighttime, also raises a significant officer safety concern due to a motorcycle’s limited visibility to other motorists sharing the roadway.

The city of Ceres has multiple main thoroughfares throughout the city which has a high amount of traffic throughout the city. A new patrol car/SUV would give officers the ability to carry necessary equipment needed for major traffic collision investigations. One of the most recent fatal collisions in the city of Ceres involved a commercial vehicle, specifically a semi-truck. With ITEM 13
Application :: Page 3 of 15
a new traffic car/SUV, a traffic officer would also be able to store necessary equipment needed to conduct an investigation for a major traffic accident or fatal accident. Currently, traffic officers are forced to go to the traffic garage and load the necessary tools and equipment into a truck and transport it to the scene of the collision. Having the needed equipment readily accessible at all times will create greater efficiency, expedite investigations and thereby allow investigators to return to traffic enforcement services.

The Ceres Police Department’s patrol fleet is already limited as it is, and we are experiencing an aging fleet with some vehicles nearing 100,000 miles or have already exceed 100,000 miles.

Each patrol car is assigned to an officer, and a vehicle in the patrol fleet is not typically available for the use of the traffic division. It is not uncommon for the traffic division to assist patrol with calls for service when the call volume is high and there are several calls pending, some of which can be priority calls. When a traffic officer assists patrol, there is a high likelihood that a subject may have to be detained. This is not feasible while responding on a motorcycle. If the responding traffic officer has a traffic car/SUV, the officer would have the ability to safely detain the subject in the back of a caged police car.

Currently, the Ceres Police Department Traffic Division plans to stager days & times traffic officers are on patrol to combat the DUI problem the city has. An ideal traffic patrol car/SUV would be one that could be outfitted with subdued emergency lighting and official police markings to better blend in with traffic. A traffic car/SUV with subdued lighting emergency equipment would be an effective tool for DUI enforcement and would also be a great asset in assisting with OTS grant operations such as DUI check points, and DUI saturation patrols. If the Ceres Police Department can be granted funding for a new traffic car/SUV, an anti-dui message will be displayed on the vehicle to act as a mobile billboard.

The city of Ceres is rapidly growing with new businesses, new homes, and plans for new housing developments/sub-divisions, which naturally would lead to a higher population density and more vehicular traffic on the already heavily traversed roadways in Ceres.

Due to the growing population in the city and the increase in traffic collisions and fatalities, the Ceres Police Department plans to expand the traffic division by adding additional officers to the traffic enforcement unit in the near future. With the traffic division growing, and the inability to ITEM 13
Application :: Page 4 of 15
use vehicles from the regular patrol fleet, it would assist our department to add a traffic car/SUV, which would allow us to deploy more officers onto the street for traffic enforcement.

Traffic Data Summary:

City Applicants: Complete the table below using the most current local data and update the 20XX years in the table (do not use the OTS Rankings or SWITRS).

County or State Applicants: Complete the table below using SWITRS data and update the 20XX years in the table.

Crash
Type 2021 2022 2023
Crashes Victims Crashes Victims Crashes Victims
Fatal 3 4 1 1 5 6
Injury 19 350 206 302 209 279
Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol -
Involved 2 20 3 34 0 22 0 30 1 18 1 24
Hit & Run 0 ***** 0 ***** 0 10 0 12 1 4 1 3
Nighttime
(2100-0259
hours)
0 **** 0 **** 0 33 0 51 1 34 1 34
Top 3 Primary Crash Factors Fatal Injury Killed Injured #1 - Unsafe speed  0 42 0 56
#2 - Fail to yield right of way 0 42 0 43
#3 -  Unsafe turning movement 0 22 0 25
Proposed Solution
Equity:

The Ceres Police Department will concentrate enforcement on safety-related violations, rather than administrative or equipment violations. As a result, racial disparities will be reduced and total crash rates and fatal crash rates will likely be reduced. The Ceres Police Department will refocus traffic enforcement efforts on traffic safety and prioritize the most dangerous and unlawful driving behaviors, such as speeding and driving under the influence, that put all road users at risk.

ITEM 13
Application :: Page 5 of 15
Strategies:

The Ceres Police Department will efficiently and effectively manage the Selective Traffic Enforcement Program grant. We will coordinate all DUI enforcement efforts and strategies within our department to meet all objectives to the grant. The3 grant coordinator will create a list of expectations for officers to adhere to while working grant details/operations. The grant coordinator will ensure that all required statistics and reports are collected and reported to the Office of Traffic Safety as warranted.

The Ceres Police Department will participate in the following campaigns:
-NHTSA Winter and summer mobilizations
-National bicycle safety month
-National child passenger safety week
-National Distracted driving awareness month
-National Click it or Ticket mobilization
The Ceres Police Department will continue to maintain a "HOT sheet" to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of a DUI conviction.

The Ceres Police Department will schedule DUI enforcement in the evening hours at the later part of the week where the likelihood of detecting a DUI driver is high. We will also deploy officers during morning and late afternoon hours while conducting PCF enforcement, where there is a high likelihood to locate offenders.

Agency Qualifications:

Ceres Police Department staffing levels are adequate to complete mentioned strategies and objectives.

Several different officers have been asked about their willingness/interest in the participation of this grant and they expressed great interest in working traffic/DUI enforcement operations. The Ceres Police Department has been awarded grants in the passed, and we have been successful in the detection and arrest of DUI drivers.

Officers have also been proactive in conducting traffic enforcement targeting PCF violations. The Ceres Police Department administration fully supports the application of this grant as it will make the community and streets of Ceres a safer place for our citizens.

Community Collaboration and Engagement
Provide a description of the community collaboration and engagement activities that will be conducted by your department and addresses traffic safety. Community collaboration and engagement allows for the appropriate department personnel to engage in conversations to both share information and receive input from the community members regarding traffic safety.

Community Collaboration and Engagement:

The Ceres Police Department will periodically publish traffic safety tips on our social media platforms, and make education material available to the public. By the material being published on the police departments social media platforms, there will be availability of open dialog between the police department and the public.

The Ceres Police Department will also submit press releases notifying the public of extra police officers being deployed on certain days and times for maximum traffic enforcement.

ITEM 13
Application :: Page 6 of 15
Goals
Description
Reduce the number of persons killed in traffic crashes.

Reduce the number of persons injured in traffic crashes.

Reduce the number of pedestrians killed in traffic crashes.

Reduce the number of pedestrians injured in traffic crashes.

Reduce the number of bicyclists killed in traffic crashes.

Reduce the number of bicyclists injured in traffic crashes.

Reduce the number of persons killed in alcohol-involved crashes.

Reduce the number of persons injured in alcohol-involved crashes.

Reduce the number of persons killed in drug-involved crashes.

Reduce the number of persons injured in drug-involved crashes.

Reduce the number of persons killed in alcohol/drug combo-involved crashes.

Reduce the number of persons injured in alcohol/drug combo-involved crashes.

Reduce the number of motorcyclists killed in traffic crashes.

Reduce the number of motorcyclists injured in traffic crashes.

Reduce hit & run fatal crashes.

Reduce hit & run injury crashes.

Reduce nighttime (2100 - 0259 hours) fatal crashes.

Reduce nighttime (2100 - 0259 hours) injury crashes.

Custom Description
Objectives
Included Target
Number Description
Yes 1
Issue a press release announcing the kick-off of the grant by November 15.  The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at , and copied to your OTS Coordinator, for approval 7 days [email protected]
prior to the issuance date of the release.

Yes 1
Participate and report data (as required) in the following campaigns; Quarter 1: National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.

ITEM 13
Application :: Page 7 of 15
Yes 1
Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.

Yes 2 Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training.

No 0 Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training.

Yes 1 Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).

No 0 Send law enforcement personnel to the DRE Recertification training.

No 0 Send law enforcement personnel to SFST Instructor training.

No 0 Send law enforcement personnel to DRE Instructor training.

Yes 2
Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.

Yes 20 Conduct DUI Saturation Patrol operation(s).

No 0 Conduct Court Sting operation(s) to cite individuals driving to and from the court after having their driver's license suspended or revoked.

Yes 1 Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.

No 0 Conduct Stakeout operation(s) that employ law enforcement officers to observe repeat DUI offender probationers with suspended or revoked driver licenses.

Yes 15 Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.

Yes 5 Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.

Yes 1
Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers.

Yes 1 Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s).

Yes 1
Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers.

Yes 1
Conduct Traffic Safety educational presentation(s) with an effort to reach community members.

Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.

No 0 Conduct Know Your Limit campaigns with an effort to reach members of the community.

Yes 1 Participate in highly visible collaborative DUI Enforcement operations.

Yes 1 Participate in highly visible collaborative Traffic Enforcement operations.

Yes 1 Send law enforcement personnel to DUI Checkpoint Planning and Management training.

Yes 2 Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.

No 0 Conduct Illegal Street Racing and Modified Vehicle training classes for law enforcement personnel.

No 0 Identify grant funded, straight time personnel. Include any vacancies or staff changes that have occurred. For any vacancies, include the status of filling the vacancy.

ITEM 13
Application :: Page 8 of 15
No 0
Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.

No 0
Utilize the oral fluid drug screening device at roadside to assist with identifying drug use during DUI investigations. Report on the use, accomplishments, or challenges associated with the use of the oral fluid drug screening device.

Yes 1 Send law enforcement personnel to a POST certified implicit bias training, such as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias.

No 0
Execute subcontracts referenced in the budget. Prior to finalizing the subcontract, grantee should work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide ETA.

Included Target Number Custom Description
Method of Procedure
Phase 1 - Program Preparation:

The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.

All training needed to implement the program should be conducted in the first quarter.

All grant related purchases needed to implement the program should be made in the first quarter.

In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.

Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

Phase 1 - Program Preparation Addendum:

Phase 2 - Program Operations:

The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:

ITEM 13
Application :: Page 9 of 15
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at
[email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.

The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.

Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at
[email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.

If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at
[email protected] for approval and copy to your OTS
grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).

Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your
OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.

Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at
[email protected] for approval and copy your grant
coordinator at least 3 business days prior to the scheduled release date.

Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.

Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at
[email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.

Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.

Email the OTS PIO at
[email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant-related event or program. Media and program highlights are to be reflected in QPRs.

Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.

For additional guidance, refer to the
OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.

Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

Phase 2 - Program Operations Addendum:

ITEM 13
Application :: Page 10 of 15
Phase 3 - Data Collection:

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.

Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.

Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.

Collect, analyze and report statistical data relating to the grant goals and objectives.

Phase 3 - Data Collection Addendum:

Budget
Personnel Costs
Hourly Rates - When requesting hours for personnel, enter them as straight time or overtime (for Enforcement Overtime, please use section below) and include the amount of hours that they will spend on grant operations.

Example: Personnel getting paid 100% by the grant working a full year at $41.00 per hour would be entered as Straight time, 2080 Units, $41.00 Unit cost or Rate, and 100% Percent Paid by Grant. This gives a total of $85,280.00 for the year.
– If requesting benefits for personnel, enter all benefits as a separate line item for each. Start the Item NameBenefits with the word 'Benefits', enter the corresponding straight time or overtime total amount in the Unit Cost or Rate, and enter the Benefits Rate to have the system calculate Benefit Costs. (Unit Cost) X (Benefits Rate) = Benefit Costs. To properly relate benefits to the correct personnel line item use the Display Order field, for example use 100.0 for Display Order for the personnel line item and 100.1 for Display Order for the associated Benefits.

ITEM 13
Application :: Page 11 of 15
Display
Order
Cost
Category Item Name Position
Type
Benefit
Rate
Unit Cost
or Rate Units
Percent
Paid by
Grant
Calculated
Cost to
Grant

1.0 A.

Personnel
Costs
DUI Saturation Overtime   $2,447.40 20 100.00% $48,948.00

2.0 A.

Personnel
Costs
Traffic enforcement
operation Overtime   $1,223.48 15 100.00% $18,352.20

3.0 A.

Personnel
Costs
Distracted driving
enforcement Overtime   $1,019.57 5 100.00% $5,097.85

4.0 A.

Personnel
Costs
Collaborative DUI
enforcement Overtime   $1,427.40 1 100.00% $1,427.40

5.0 A.

Personnel
Costs
Collaborative Traffic
Enforcement Overtime   $1,427.00 1 100.00% $1,427.00

6.0 A.

Personnel
Costs
Night time (1800-0559)
Click it or Ticket Overtime   $1,019.57 1 100.00% $1,019.57

7.0 A.

Personnel
Costs
Street racing/side show
enforcement Overtime   $1,427.40 2 100.00% $2,854.80

8.0 A.

Personnel
Costs
Warrant service
operation Overtime   $2,446.97 1 100.00% $2,446.97

9.0 A.

Personnel
Costs
DUI Check Point Overtime   $5,709.60 2 100.00% $11,419.20

10.0 A.

Personnel
Costs
Benefit 164 Overtime 12.55% $64,240.00 1 100.00% $8,062.12

11.0 A.

Personnel
Costs
Benefits 402 Overtime 12.55% $28,750.40 1 100.00% $3,608.18 Display
Order
Cost
Category
Enforcement
Activity
Item
Name
Unit Cost or
Rate Units Calculated Cost to
Grant
Personnel Costs: $104,663.29
Travel Expenses
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 200.0 B. Travel Expenses 0 $0.00 0 $0.00
Travel Expenses: $0.00
Contractual Services
Do not include brand names or names of specific organizations.

Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 300.0 C. Contractual Services 0 $0.00 0 $0.00
ITEM 13
Application :: Page 12 of 15
Contractual Services: $0.00
Equipment (must have Unit Cost of at least $5,000)
Do not include brand names or names of specific organizations.

Please include an equipment quote in the Upload Documents Tab.

NOTE : When creating a new "Equipment" budget item, the Standard Language Item drop down list may not be available. When this is the case, complete only the required fields and save the budget item. Once saved, select the Edit button (pencil icon); the Standard Language Item drop down list will be available for selection. Alternatively, if not requesting a Standard Language Item, please utilize the Custom Narrative field to enter an appropriate narrative.

Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 400.0 D. Equipment Traffic vehicle/suv $65,000.00 1 $65,000.00 500.0 D. Equipment DUI checkpoint supplies $5,000.00 1 $5,000.00 Equipment: $70,000.00
Other Direct Costs (must have Unit Cost of less than $5,000, including tax and shipping) Do not include brand names or names of specific organizations.

NOTE : When creating a new "Other Direct Cost" budget item, the Standard Language Item drop down list may not be available. When this is the case, complete only the required fields and save the budget item. Once saved, select the Edit button (pencil icon); the Standard Language Item drop down list will be available for selection. Alternatively, if not requesting a Standard Language Item, please utilize the Custom Narrative field to enter an appropriate narrative.

Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 500.0 E. Other Direct Costs 0 $0.00 0 $0.00
Other Direct Costs: $0.00
Indirect Costs
Item Name should indicate the % and the Cost Category for Indirect Costs e.g. 15% of Salaries and Benefits. Use the Percent Paid by Grant for the Indirect Rate and the Unit Cost or Rate field to indicate the total amount for which Indirect Costs will be claimed. The system will calculate the Cost to Grant.

Indirect Cost Rate must be supported by a federally approved indirect cost rate letter and uploaded to the application.

Display Order Cost Category Item Name Indirect Rate Amount Subject to Indirect Calculated Cost to Grant 600.0 F. Indirect Costs -- 0.00% $0.00 $0.00
Indirect Costs: $0.00
Total Requested Funding: $174,663.29
ITEM 13
Application :: Page 13 of 15
Narrative Review
Review and update Narrative for Budget Items
ITEM 13
Application :: Page 14 of 15
Cost
Category Item Narrative Custom Narrative
A.

Personnel
Costs
DUI
Saturation DUI Saturation patrol
A.

Personnel
Costs
Traffic
enforcement
operation
Traffic enforcement operations; PCF enforcement
A.

Personnel
Costs
Distracted
driving
enforcement
Distracted driving enforcement
A.

Personnel
Costs
Collaborative
DUI
enforcement
Collaborative DUI enforcement
A.

Personnel
Costs
Collaborative
Traffic
Enforcement
Collaborative Traffic Enforcement
A.

Personnel
Costs
Night time
(1800-0559)
Click it or
Ticket
Night time (1800-0559) Click it or Ticket operation
A.

Personnel
Costs
Street
racing/side
show
enforcement
Street racing/side show enforcement operation
A.

Personnel
Costs
Warrant
service
operation
Warrant service operation targeting multiple DUI offenders who fail to appear in court.

A.

Personnel
Costs
DUI Check
Point DUI Check Point during spring/summer months
A.

Personnel
Costs
Benefit 164 Benefits
A.

Personnel
Costs
Benefits 402 402 Benefits
B. Travel
Expenses 0
C.

Contractual
Services
0 D.

Equipment
Traffic
vehicle/suv Traffic enforcement/equipment vehicle
D.

Equipment
DUI
checkpoint
supplies
On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28'' traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2) generator, gas for generators, lighting, reflective banners, electronic flares, PAS device/calibration supplies, heater, propane for heaters, anti-fatigue matts, and canopies. Additional items may be purchased may be purchased if approved by OTS. The cost of food and beverages will not be purchased using funds provided by OTS.

E. Other
Direct
Costs
0 F. Indirect
Costs --
ITEM 13
Application :: Page 15 of 15
Upload Documents (Optional)
Please try to include all information in the application itself, but if necessary, upload additional documents here
Document Name Update Date/Time
Evaluation, Support, and Submittal
Evaluation, Support, and Submittal
Method of Evaluation:

Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

Administrative Support:

This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

Total Requested Funding:
$174,663.29
ITEM 13
ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 202 4-XXX, Approving a Professional Consultant Services Agreement with Monument for the Right of Way
Acquisition Services for the SR99 Service Road / Mitchell Road Interchange Project , Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staf
f recommends the Council adopt a Resolution authorizing the City Manager to execute the Professional Consultant Services Agreement with Monument for Right of Way Acquisition Services for the SR99 Service Road / Mitchell Road Interchange Project and amend the Project Budget.

I. BACKGROUND:

The City i
s currently under design to construct a new interchange at Service Road and SR-99 and Union Pacific Railroad (UPRR). The interchange configuration will require a new bridge over UPRR and SR99 and will widen Service Road from 2 lanes to up to 6 lanes. The project purpose is to reduce current peak -hour congestion at Mitchell Road, provide capacity for forecast traffic volumes along both Service and Mitchell Roads, improve local traffic circulation and improve access between SR99 and areas to its west, which is currently constrained by the Union Pacific Railroad.

The pr
oject design will complete 95% plans and estimate currently anticipated for December 2024. In parallel to the design phase, the City needs to implement the Right - of-Way (ROW) acquisition phase to secure the necessary property for the project improvements anticipated in Spring 2026. Due to the project location and work on California Department of Transportation (Caltrans) facilities, the City is in partnership with Caltrans under a Cooperative Agreement for the Design and ROW work on the Project.

The City of Ceres is the implementing and lead for the ROW work.

ITEM 14
On April 5, 2023, the City of Ceres solicited Statements of Qualifications (SOQ) from consulting firms to provide professional Right of Way Acquisition services. The City received six (6) SOQs by April 27, 2023. Review of the SOQs was conducted by the evaluation panel consisting of Ceres Engineering staff, Stanislaus County Engineering staff, and Caltrans ROW staff. Based on the submitted SOQs and Proposals and interviews conducted, the evaluation panel identified Monument as the top consultant.

After further review of the project details , a proposal for scope and fee was negotiated and finalized for the ROW services from Monument.

Monument’s primary services will include: close coordination with the City, Design team, Caltrans and other stakeholders; ROW services for 70 parcels to include and obtain appraisals, property acquisitions, temporary cons truction easements, utility and UPRR agreements, relocation services , environmental assessments, ROW certification from Caltrans, and building and property management.

II. RE ASONS FOR RECOMMENDATIO N:

This project is considered an “on- system” project because a portion of the right -of-way necessary for the project will eventually be Caltrans operating right -of-way. This means Caltrans will require full oversight of the right -of-way portion of the project and full compliance with Caltrans guidelines which requires a higher level of scrutiny, experienced personnel and required certifications for right -of-way services. Under the Cooperative Agreement, the City of Ceres is the implementing and lead for the ROW work.

In order to meet an anticipated construction date of Spring 2026, the ROW work needs to be initiated now. Due to the various process in the ROW phase and in compliance with Caltrans guidelines , the critical components of the ROW elements can take 18 to 24 months to complete and to obtain ROW certification. The ROW certification approved by Caltrans is required to allow the project to move forward into the construction phase.

III. F
ISCAL IMPACTS :

The contract amount for providing Right of Way Acquisition Services and Property management of buildings is in the amount of $2,819,663.00.

The Project has been programmed in Fiscal Year 202 3/24 - Capital Improvement Plan (CIP) in account number 27195.151500 with an amount of $632,894 .00 for ROW Services. A total of $2,186,769.00 will need to be amended into the project budget to account number 27195.151500. The funding source will come from Measure L Regional funds as adopted on August 17, 2022 under the 2022 Strategic Plan Update from StanCOG.

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

This project is in conformance with the first priority of the Strategic Plan to improve the City’s infrastructure and traffic safety.

ITEM 14
V. POLICY ALTERNATIVES:

The contract award is required to move the project forward. The City Council can choose to not perform the work or re-solicit the work . These actions will jeopardize the project construction timeline and affect overall costs due to delays.

VI. I NTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Planning and Engineering Department.

VII. P UBLIC PARTICIPATION:

Public Participation/Involvement is not expected during the final design and ROW phase.

VIII. EN VIRONMENTAL REVIEW :

No additional environmental review is required at this time.

IX. STEPS FOLLOWING APPROVAL:

Execute the Contract Agreement with Monument and increase the project budget by $2,186,769.00.

Approved by: ____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Agreement

ITEM 14
ITEM 14

AT TACHMENT A
RESOLUTION NO. 2024-XXX
A

PPROVING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT

WITH MONUMENT FOR THE RIGHT OF WAY ACQUISITION SERVICES FOR THE SR99 SERVICE ROAD / MITCHELL ROAD INTERCHANGE PROJECT,

AUTHORIZING A BUDGET AMENDMENT, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, a total of six ( 6) proposals for Right -of-Way Acquisition professional consultant services were received for the SR99 Service Road / Mitchell Road Interchange Project on April 27, 2023; and
W
HEREAS, a review of the proposals from the evaluation panel identified Monument as the best qualified consultant to perform the work; and
W
HEREAS, a final scope and fee in an amount of $2,819,663.00 was negotiated for the Right-of-Way Acquisition services; and
W
HEREAS, the Right-of-Way Acquisition services is anticipated to be completed by Fall 2025; and
W
HEREAS, the Right-of-Way Acquisition services for the SR99 Service Road / Mitchell Road Interchange Project was programmed in the Capital Improvement Budget in account numbers 27195.151500 in the amount of $632,894.00; and
W
HEREAS, a budget amendment appropriating Measure L Regional funds is needed in an amount of $2,186,769.00 to the account number 27195.151500.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a professional consultant services agreement with Monument for the Right of Way Acquisition Services for the SR99 Service Road / Mitchell Road Interchange Project , authorizes a budget amendment, and authorizes the City Manager to execute the agreement.

B
E IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to amend and record the appropriate accounting entries.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of February 2024, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________

Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14

ATTACHMENT B
Budget Amendment No.

Fiscal Year 2023 - 2024
Reference Resolution No. 2024- , dated February 12, 2024 authorizing appropriations for the Right-of-Way Acquisition Service Contract Amendment as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Measure L Regional 271 95 151500 $2,186,769.00
Requested Appropriation $2,186,769.00
2023 - 2024 Current Appropriation $632,894.00
Total Appropriation $2,819,663.00
Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

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

ITEM 14
ITEM 14
1 CITY OF CERES

PROFESSIONAL SERVICES AGREEMENT
This Agr
eement is made and entered into as of February 12, 2024, by and between the City of Ceres, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 2220 Magnolia Street, Ceres , California 95307 (“City”), and Monument, a California corporation with its principal place of business at 3626 Fair Oaks Boulevard, Suite 100, Sacramento, CA 95864, (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITAL
S
A. City is a public agency of the State of California and requires professional services for the following project:

Right of W
ay Acquisition Services for SR99 Service R oad/Mitchell Road Interchange Project (hereinafter referred to as “the Project”).

B. Consultant i
s duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the fee set forth in Exhibit “B” and "C". In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $2,819,663.00. This amount is to cover all related costs, and the City will not pay any additional fees for additional expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly
billing basis.
b. Per
iodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

ATTACHMENT C
ITEM 14
2 If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work and follow the schedule as shown in Exhibit “D”.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.

Consultant shall have no responsibility for jobsite safety or security, and Consultant does not have any control or responsibility over the means and methods of the construction contractor or the construction contractor's subcontractors.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

ITEM 14

3 8. S tandard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

Consultant makes no other representations and no warranties, whether express or implied, with respect to its services performed under this Agreement.

9. A ssignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent
Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Ins
urance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
ITEM 14

4 (6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. A
utomobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Wor
kers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provision s of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts ITEM 14

5 indicated herein. Consultant shall require all sub-consultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. P
rofessional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of Consultant in the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend.
e. M
inimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2 ,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $2 ,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $2 ,000,000 per occurrence
Professional Liability $2 ,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. E
vidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the ITEM 14

6 insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. P olicy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub- consultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Q
ualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

ITEM 14

7 i. A dditional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j.

Sub-consultant Insurance Requirements. Consultant shall not allow any subcontractors or sub- consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub-consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular sub- contractors or sub-consultants.

12. Indem
nification.
a. To the fullest extent permitted by law, Consultant shall indemnify and hold the City, its elected and appointed officials, officers, attorneys, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, acti ons, proceedings, costs, expenses, liabilities, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') to the extent caused by any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, consultants in connection with the performance of Consultant's services, the Project or this Agreement, including without limitation the payment of all expert witness fees and reasonable attorney's fees and other related costs and expenses Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

b. A
dditional Indemnity Obligations . Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees or volunteers. The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, ITEM 14

8 agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents, designated volunteers or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its officials, officers, employees and volunteers, for any and all reasonable legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers.

13. California Labor Code Requirements
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall indemnify and hold the City, its officials, officers, employees free and harmless from any claims, liabilities, costs, penalties or interest to the extent caused by negligent failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all sub-consultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all sub -consultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any sub-consultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. [reserved]

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Stanislaus, State of California. 17 Ter
mination or Abandonment
ITEM 14

9 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Mr. Bob Morrison as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Li mitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: City Engineer
CONSULTANT:

Monument
3626 Fair Oaks Blvd., Suite 100
Sacramento, CA 95864
Attn: Mr. Bob Morrison

and shall be effective upon receipt thereof.

ITEM 14

10 22. Thi rd Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. E qual Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. E
ntire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. S
everability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

26. S uccessors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. No
n -Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

28. Ti me of Essence
Time is of critical importance for each and every provision of this Agreement.

29. C ity’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

ITEM 14

11 30. P rohibited Interests
Consultant represents and confirms that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant represents and confirms that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this obligation, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CERES

AND MONUMENT

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF CERES MONUMENT

By:

By:

Douglas D. Dunford
City Manager Its :

P rinted Name:

ATTEST:

By:

Fallon Martin
City Clerk

ITEM 14
January 28, 2024
K
evin Waugh, City Engineer
City of Ceres
2720 Second Street
Ceres, CA 95307
Subject: ROW Services for the SR-99 Service/Mitchell Road Interchange Dear Mr. Waugh,
Monument is pleased to submit the attached scope and fee for ROW Services for the SR-99 Service/Mitchell Road Interchange.

The scope was developed over the last six months in conjunction with City staff and the engineering consultant team. Based on the updated plans and parcel list provided by the design team, right of way is required from 70 parcels, with up to 25 residential relocations, 2 business relocations, 2 billboard relocations, and 1 church relocation. Of the 70 parcels required, 20 will be dedicated, 9 will be full acquisitions, 25 will be a partial acquisition with permanent rights (including UPRR), and 16 will be temporary construction easements.

Monument is pleased to include CBRE, Desmond, Marcello & Amster, Blackburn Consulting, and Nossaman on the team for appraisal, fixture/goodwill appraisals, phase 1 site assessments, and legal support.

We are very excited to get started on the project and look forward to working with you and your team!!!
Sincerely,
Bob Morrison, PE, Broker
Vice President.

Attachment:

Exhibit A – Scope
Exhibit B – Fee
Exhibit C – Hourly Rate Sheet
Exhibit D - Schedule
ITEM 14
Project Understanding
The proposed new interchange at Service Road and SR-99 includes a divergent diamond at the existing Service Road overcrossing of S R-99 and Union Pacific Railroad (UPRR). The interchange configuration will require a new bridge over UPRR and SR-99 and will widen Service Road from 2 lanes to up to 6 lanes. The proposed improvements will impact a number of parcels and require the realignment of frontage roads.

This project is considered an “on-system” project because a por tion of the right-of-way necessary for the project will eventually be Caltrans operating right-of-way. This means Caltrans wi ll require full oversight of the right-of-way portion of the project and full compliance with the Caltrans Right of Way Manual. This includes a detailed review of all right-of-way documents and a higher level of scrutiny to ensure the project follows all of the right-of-way processes a nd procedures outlined in the Caltrans Manual. The Right-of-Way cooperative agreement between Caltrans and the City will outline these requirements.

In preparation of this proposal Monument visited the site, reviewed the State Transportation Improvement Plan (STIP), reviewed the CEQA document, met with City Engineering, th e City’s design consultant, Ci ty Management and Caltrans. The project funding sources include Measure L with anticipation of federal funding for construction. Measure L w ill fund the right-of-way effort a nd completion of the design. Advertisement for the project construction is tentatively scheduled for late 2025. Based on the updated plans and parcel list provided by the design team , right of way is required from 70 parcels, with up to 25 residential relocations, 2 business relocations, 2 billboard relocations, and 1 church relocation. Of the 70 parcels required, 20 will be dedicated, 9 will be full acquisitions, 25 will be a partial acquisition with permanent rights (including UPRR), and 16 will be temporary construction easements. Monument assumes that all permanent rights of way will require an appraisal and review, while all temporary construction easements will only require a waiver valuation in lieu of an appraisal.

Project Approach and Scope
Based on our initial discussions with City Engineering Team, Design Team, Caltrans, and City Management the following is our scope and understanding of the tasks required to co mplete the ROW effort.

Task 1 - Project Management
Monument’s Project Manager and our key staff will be responsible for the technical and administrative functions req
uired to provide all needed right-of-way services for the City’s Project. The management team will plan, organize, supervise, coordinate, and administer the various elements of the scope of work. This typically includes the
following tasks:
• Monument’s Project Manager will meet with the project team to identify acquisition issues, and/or to discuss project status, procedural issues, budget, and schedules. • Monument’s Project Manager will work closely with City staff to clearly define roles and responsibilities and prepare and implement an effective Acquisition Management Plan. The Acquisition Management Plan to ensure the Project is delivered in the most efficient and effective manner and in compliance with all applicable laws, regulations, and procedures. • Within three months of the NTP, Monument will prepare a detailed right of way estimate for the project.

EXHIBIT "A"
ITEM 14
• Monument’s Project Manager will work with City staff to update the City Council on the pending right-of-way activities and work with City legal to develop a potential resolution delegating various right of way approvals to City staff.
• Monument’s Project Manager will regularly meet with the City to communicate project updates, coordinate right-of-way issues and make recommendations on policy development, risk mitigation and general project consultation.
• The Monument Team will prepare and deliver written progress status reports for acquisition and relocation cases and create, monitor and update project schedules as needed. • Monument’s Project Manager will participate in project related meetings, make public presentations to individuals and organizations and represent the City in presentations and public hearings on all matters pertaining to the acquisition process. • Our Team will maintain a Quality Assurance/Quality Control (QA/QC) plan throughout the duration of each project. The QA/QC plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, offer documents, agreements and other documents submitted under the scope of work are complete, accurate, checked, and proofread to meet professional standard practices. • Our Team will finalize all work products and provided services, and prepare and deliver presentations to City staff and key stakeholders, as appropriate. • Monument will initiate coordination activities with Caltrans, invite them to participate in our bi - weekly status updates, and provide status updates as appropriate. • Our Team will assist the City with any file audits.

Deliverables
16 Status Meetings (remote)
8 meetings with Caltrans (remote)
4 in person City Council Meetings
16 Status updates.

Assumptions:

1. The performance period will not last longer than 16 months.

Task 2 & Task 2.1 - Appraisal and Appraisal Review
The primary scope includes the appraisal, appraisal review, waiver valuations, and Furniture Fixture and Equipment appraisals to support delivery of the ROW Certification. Additional services may be necessary, including appraisal updates and goodwill appraisals. Additional services will only be performed upon approval by the City.

Monument recommends sending an introductory letter to each property owner prior to the beginning of the appraisal phase. The letter’s purpose is to provide an overview of the project to the owners and let them know that a portion of their parcel may be imp acted by the project. This will generate interest and set the stage for a series of project-specific discussions with owners. This early dialogue will help build rapport and confidence with the affected property owners and ultimately expedite the acquisition process. Monument does this well and it is one of our success factors.

With the boundary information in hand, Monument will work with the City Surveyor, O’Dell, to finalize the right - of-way requirements for each parcel. The surveyor will then complete all appraisal mappings to Caltrans standards.

ITEM 14
Upon receiving the Right-of-Way Appraisal Maps and Plats and Legals, Monument will issue a Notice of Decision to Appraise to each impacted property owner and arrange for a property inspection. This inspection is critical to understanding the impacts on each of the properties. Our appraiser, CBRE will work closely with city staff to thoroughly understand the specific plan requirements and timelines that may impact value. All appraisals will be completed to applicable State and Federal Standards.

Upon completion of the inspection, the appraisal team will finalize their valuations and forward the appraisals to Monument’s review appraiser, Vaughn Hosmann, to conduct a formal review in accordance with the URA and Caltrans Right of Way Manual. Because federal funds are anticipated on the project, and Caltrans will be the ultimate owner of much of the right -of-way acquired, the project appraisal will require independent appraisal reviews. Vaughn will complete a field review of each subject and comparable property and review the valuations to ensure consistency in methodology throughout the project. After the review is complete, the final appraisal and review report will be forwarded to the City for approval and establishment of just compensation.

Waiver Valuations. With the approval of the City, we plan to complete Waiver Valuations in lieu of an appraisal for TCE acquisitions less than $10,000. In turn, we will only appraise the permanent right-of-way necessary and TCEs over $10,000. An appraisal review is not required on Waiver Valuations, saving both time and money. In the event the City does not elect Waiver Valuations, we will proceed with the formal appraisal process or Caltrans’ Non-Complex Valuations.

Furniture, Fixture, and Equipment Appraisals & Business Goodwill Valuation. While not a specific task in the requested scope of services, Monument has included specialty appraisers Marcus Pigrom for FF&E appraisals and Ricardo Goni for Goodwill Appraisals from Desmond, Marcello, and Amster (DMA) to meet potential project needs. In certain situations, FF&E and goodwill appraisals are necessary to value the assets and goodwill of a business. They will meet with and coordinate their efforts with City staff and legal counsel, other consultants or Caltrans staff, and participate in office or project site meetings. The appraisers will request legal opinion by the City’s legal counsel if any legal issues exist during the course of the appraisal assignment.

DM&A
will prepare Goodwill Valuations in accordance with the California Code of Civil Procedure, and the Uniform Standards of Professional Appraisal Practice (USPAP).

Assumptions:

1. No Changes after the initial inspection

2. One set of review comments

3. No comments or changes from Caltrans

4. Appraisals are good for up to 4 months. If there are delays in approvals, a revised appraisal may be required.

5. Waiver valuations are only for TCE parcels less than $10,000. If the valuation exceeds $10,000 an appraisal may be required and will result in a change of scope and fee.

Primary Deliverables:
a. Up to 34 Appraisals
b. Up to 34 Appraisal Reviews
c. Up to 16 Waiver Valuations
d. Up to 2 Furniture, Fixture, and Equipment (FFE) billboard appraisals. e. Up to 2 FFE business appraisals
As Needed Deliverables:
• 20 appraisal updates
• 20 appraisal review updates
• 2 business goodwill appraisals
ITEM 14
• 2 billboard goodwill appraisals
Task 3 & Task 3.1 - Acquisition & Negotiation
The primary scope is to provide acquisition and negotiation services for 33 permanent acquisitions with additional TCE on the parcel, plus up to 16 TCE only acquisitions. Additional services may be necessary, including UPRR negotiation support. Additional services will only be performed upon approval by the City.

Based on the preliminary mapping Monument anticipates acquiring permanent rights from up to 33 properties and negotiating temporary construction easements from another 16 properties. While this may sound like a daunting task, this is exactly the type of project Monument excels at delivering. Monument’s Project Manager, Jeremy, and the Monument Team will provide right-of-way delivery services required for the City to purchase all right-of-way required. The tasks will be performed in accordance with applicable federal, state and local regulations, Caltrans Policies and Procedures and the City’s Policies and Procedures. Monument will provide the following services under the direction of the City staff:
• Provide acquisition services to acquire the property interests needed for the project for up to 60 days from the initial offer.
• Coordinate and manage the acquisition process with the City, legal counsel, NV5, property owners, and tenants along with the title company, appraisers and other consultants to insure effective cross-discipline communications.
• Review right-of-way plans, appraisal reports, title reports, appraisal maps and legal descriptions and all other pertinent documents.
• Prepare acquisition offer packages consisting of the City’s written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of Amount of Just Compensation, plat maps and legal descriptions, and Title VI Information. • As necessary, prepare and develop a Real Estate Acquisition and Management Plan, which will encompass all phases or work necessary for the acquisition and delivery of right-of-way. • Monument’s agents will meet personally or electronically (at choice of the owner), with each property owner to present the City’s purchase offer, explain the project design requirement and inform them of the City’s right-of-way
acquisition process.
• Monument agents will then negotiate in good faith with each property owner, their agent, or representative and discuss appraisal and valuation of the property interests, gather information from the property for consideration and address any questions or concerns that may arise during the acquisition process. • Monument will then establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist pursuant to the City’s specifications. • We will promptly transmit executed documents to the City for acceptance and processing. A report summarizing pertinent information will be included.
• At this stage, Monument will prepare and submit a Letter of Recommendation to the City for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and an explanation of the benefits and rationale behind the recommendation.
• Our agents will prepare applicable forms, secure property owners’ approval and signatures, and submit forms to the City for review and acceptance.
• Upon completion of the acquisition process for each property or property interest, or at project completion, Monument will provide the City with the original acquisition file as well as electronic copy of files for future audit purposes.

ITEM 14
Primary Deliverables:
• Up to 49 signed purchase and sale agreements, or memo of impasse.

As Needed Deliverables:
• UPRR Negotiation Support
Assumptions:

1. The Project Engineer or right of way engineering consultant will supply all legal descriptions, plat maps, title reports, right-of-way requirements maps and environmental assessments

2. Any modification to the legal descriptions and property requirements after the appraisal process has been initiated will result in a change to the above scope of work and fee.

3. Assumes 60 days of good faith negotiations following the presentation of the City’s purchase offer to the property owner.

4. The City will initiate condemnation action after 60 days of negotiations for any parcel where a settlement has not been reached.

5. Negotiations and settlement discussions will continue for up to 3 months or up to the number of 24 hours whichever comes first, unless settlement or impasse is reached prior to this time frame. After this time frame it is assumed all properties will be turned into condemnation if voluntary settlements cannot be reached. The City will timely pursue Orders of Possession for all parcels in condemnation. All Monument negot iation efforts cease after
the RON, unless otherwise directed in writing with a corresponding budget.

6. Updates to preliminary title reports over 1 year or the conversion to a litigation guarantees will be at an additional charge.

7. It is assumed no partial acquisition will result in the displacement of any occupants or personal property.

8. Escrow due diligence only involves the removal and clearance of monetary encumbrances. The clearance of non-monetary encumbrances and/or escrows extending beyond 90 days may require an additional fee.

9. Bulk sale escrow fees for acquisition of improvements pertaining to the realty, if applicable, will be billed directly to the City through escrow.

10. City will process acquisition agreements expeditiously.

11. Monument will attempt to obtain Permits to Enter and Construct on a voluntary basis, otherwise, the City will discontinue efforts if the owner objects to the providing access or requires compensation.

12. Translating acquisition brochures, forms, offers, agreements and other documents is not included in our scope of work and will require an additional charge for professional translation services.

13. Excludes expert testimony
Task 4 - Relocation Services
Based on our review of the project site, we anticipate one or two business relocations, two billboard relocations, one church relocation, and up to 25 residential tenant relocations from 5 different parcels. In addition, the project may be required to move personal property items stored on various parcels. While the church may be the long ITEM 14
lead relocation, the unknown business operation in the back of parcel 40 may be the most contentious.

Monument is pleased to have Jesse Ortiz lead our relocation efforts for the City. Jesse is an expert in the Federal and State relocation guidelines and understands the nuances between the two regulations and is one of the leading Project Managers in the State of California in relocation services. Relocation services include the following:

Relocation Plan. During the project planning phase, Monument will prepare a Relocation Impact Document per Chapter 10.02.00 of the Caltrans ROW Manual . The purpose of the Relocation Plan is to provide the City with summary and statistical information regarding the impact of the project to potential displacees. Specifically, this report will address and identify the potential impact it may have on individuals within the project area and a plan to mitigate respective impacts. No interviews will be performed.

Relocation Assistance. Promptly after the initiation of negotiations to purchase the property, a Notice of Relocation Eligibility will be delivered to the owner/occupants of the property. This notice is a formal notification presented to the owner/occupant that informs them of the date they are eligible for relocation entitlements, which include a possible Replacement Housing Payment (RHP) and moving expenses. Monument’s Relocation Agents will inform displacees of available relocation assistance services, b enefits, and the relocation assistance program, and provide advisory services on an ongoing basis and referrals with other agencies. Agents will determine the eligibility of each displacee and the amount of relocation benefits, including moving payments, rental or down payment assistance, and replacement housing payments, and to the extent possible, include at least three comparables in the computation and prepare an Entitlement Letter for each displacee. For residential relocations, agents will conduct “de cent, safe, and sanitary” inspections of comparable replacement dwellings and advise displacee of findings. Agents will also prepare all necessary claim forms, secure the displacee’s signature on claim forms, and submit claim forms to the City for processi ng. Moving cost estimates will be obtained as needed, and the move will be monitored as necessary. Agents will provide status updates of each displacee to the City.

Deliverables
o Relocation Planning Document to Caltrans Standards
o 2 Business Relocation
o 2 Billboard Relocations
o 1 Church Relocation
o 25 Residential tenant relocations
Assumptions

1. All occupants of all parcels are as currently understood as to the kind, type and number of residential and business displacees as described in the Project Understanding. Additional relocations, including but not limited to split households, should they become necessary, will result in additional fees.

2. Relocation assistance services will continue for up to 6 months or up to the number of hours shown in the [project budget or occupancy list], whichever comes first.

3. Additional fees may apply if any occupant resides on the property under Section 8 housing

4. Excludes expert testimony

5. After close of escrow for properties requiring relocation, City will enforce Notices to Vacate.

6. Translating relocation notices, brochures, and other documents is not included in our scope of work and will require an additional charge for professional translation services.

7. City will process relocation claims within 2 weeks of receipt.

ITEM 14
Task 5 – Title and Escrow Coordination
Caltrans requires all operating right-of-way that will be conveyed to Caltrans be free of any title encumbrances.

Monument will procure preliminary title reports and copies of all underlying documents for each property to determine present ownership, encumbrances affecting the subject property and matters to be cleared and taken “subject to” as part of each real estate transaction. Monument will perform the following:
• Order and examine Preliminary Title Reports and Litigation Guaranties, determine title deficiencies, develop a plan to resolve and cure title deficiencies and clear liens and encumbrances.
• Assist the City, its consultants and agents in resolving issues affecting marketable title to properties through recordation of corrective instruments and/or other appropriate means. • Provide necessary assistance to the City to clear exceptions stated in the preliminary title report unless waived by the City in writing.

Signing the property owner is only half the battle, closing escrow is the second half. As part of our scope of services, Monument will coordinate opening of escrows with direction from Monument’s Project Manager and the Acquisition Team. Monument will assist the escrow company in obtaining additional documentation as necessary to provide clear title to the City, supervise and review the closing of escrows, and review closing statements for completeness and accuracy. We will serve as liaison between the title company, escrow holder, and the City. Upon closing of escrow, tax cancellation letters will be prepared for City signature, as necessary, for fee interest acquisitions.

Deliverables:
• 49 Title reports
• Escrow Coordination for up to 49 transactions.
• Title insurance on 33 permanent rights
Assumptions:

1. City will process payment requests within 2 weeks of receipt.

Task 6 - Eminent Domain & Condemnation Support
Monument anticipates obtaining all necessary property rights through negotiated settlements. However, there is a possibility that some negotiations will reach an impasse. If negotiations are not successful and the right-of-way Agent determines that an administrative settlement is not feasible or project timing requires use of the eminent domain process, Monument’s Project Manager and the Team will submit a recommendation to the City to initiate condemnation proceedings. Monument’s Team will work closely with the City’s condemnation counsel in preparing the resolution hearing notices, providing a duplicate copy of the Agent’s acquisition file, and assist in the eminent domain complaint and in trial preparation as requested. Settlement negotiations by legal staff may continue until the trial begins, including alternative dispute resolution and negotiations for Stipulated Use and Possession to assure access to the property consistent with project schedules.

Task 7 - Eminent Domain Legal Support.

Monument anticipates closing all offers through negotiation. However, some transactions may need to go to eminent domain. If that is the case, Monument’s Project Manager Morrison will submit a recommendation to the City to initiate condemnation proceedings. Monument is pleased to include Nossaman on our team to support ITEM 14
the City through eminent domain processes. Monument has worked with Nossaman on multiple projects throughout California, including the 7th Street Bridge Replacement.

Together the team will prepare the staff report and Resolution of Necessity (RON) presentation for City Council approval. This effort becomes the basis for following court action, if necessary. Often, the Resolution of Necessity spurs additional negotiations with a property owner. If requested by the City, Monument will continue to work with owners after the RON is passed to see if there is a renewed interest in negotiations.

If the negotiations continue at an impasse, Nossaman will file the court action and motion for immediate possession. Ninety days after service, Nossaman will represent the City at the motion hearing. Once possession is granted, the project can be certified.

Specific Tasks include:
• Review Project Documents, Title Reports, Appraisal and Property Information •
Case Review and Strategy, and Develop Acquisition Plan/Schedule • Meetings with Appraisers, Acquisition and Relocation Consultants, City Staff and Counsel, and other Stakeholders
• Review and Edit/Draft Various Legal Documents Including Form Deeds, Takings Scopes, etc • Evaluate and Advise on Relocation, FF&E and Goodwill, and Prepare Related Notices • Review, Edit, and Prepare Pre-condemnation Offer, Eminent Domain Information Package, and Related Documents
• Participate in settlement negotiations and prepare voluntary acquisition documents • Review and Assist with Preparing Resolution of Necessity, Staff Reports and Other Documents and Related Notices
• Attend RON Hearing and/or other Condemnation Evaluation/Review Meetings (not including travel)
• Prepare and File Summons, Complaint, Lis Pendens, Motion for Prejudgment Possession, Summary of the Basis for Appraisal, Notice of Deposit, and Related Pleadings •
Deliverables:
• Up to 5 Court Case Filings and Associated Documents
Task 8 - Right-of-Way Certification
The final phase of the right -of-way program is Right -of-Way Certification approval which documents that the construction project is ready for advertising. During this process, Monument will coordinate and attend certification planning activities and meet w ith the City, Caltrans Right- of-Way Local Assistance staff, and the project partners to determine project requirements and the certification level required to meet the project construction schedule. Monument will coordinate with the project engineer, utility relocation, railroad acquisition, and right-of-way engineering managers to ensure their respective activities have been completed in compliance with applicable policy and certification requirements.

Monument will assist the City in the preparation of the submittal package that will include the certification form and compilation of the necessary back -up documents. This would generally include deeds, resolutions of necessity, final orders of condemnation, access agreements, cooperative agreements, permits, utility relocation agreements and notices, utility relocation plans, and railroad C&M agreement, among other documents.

ITEM 14
Deliverable:
o ROW Certification for 70 properties necessary for the project o Coordination with Engineering team for Rail and Utility portion of the ROW Certification Assumptions:
• City will provide necessary documentation for all dedicated parcels.

Task 9 - Environmental Site Assessments Phase 1
Monument has teamed with Blackburn Consulting to provide the City with quality environmental services.

Blackburn Consulting and Monument Project Managers have successfully worked together for years and will successfully meet the needs of the City. Blackburn Consulting focuses on the earth sciences, encompassing the geotechnical and environmental disciplines. Blackburn provides a balanced team of geotechnical engineers, geologists, and engineering geologists experienced in identifying and mitigating geotechn ical and geologic hazards and investigating and remediating environmental hazards. There scope includes:

1. Coordination and Review of Background Information

2. Records Review, Owner Interview and Field Reconnaissance

3. Historical Research

4. Report Preparation
Deliverables:
• Environmental Site Assessment covering 37 parcels
• Environmental Site Assessment of UPRR property
Task 10 – Utility Coordination
Monument excels in delivering utility agreements in support of public projects. We understand that the City, with support of the engineering consultant, has initiated discussions with all utility providers within the project area.

Monument’s role will be to support the final utility agreement efforts and issue the notice to relocate.

In summary, Monument's Utility Relocation Support includes:
• Act as the primary point of contact between the utility owners and the project team identified on the utility plans.
• Actively participate in PDT/ utility focus meetings.
• Prepare the introductory request for as-built notices (6 utility owners – assumes this is complete).
• Pre
pare and issue the utility verification notices to make sure the facilities are accurately plotted on the project utility plans.
• Review and verify with the design team which facilities are considered in conflict. • Prepare and send the Relocation Claim Letter to the utility owner (Est. 6 letters). • Coordinate and plan a meeting amongst the utility owner, design team, and the City as needed to discuss the project design, the utility conflict, relocation alternatives, and a plan to resolve the conflict (Est. 16 meetings).
• Det
ermine the liability for the conflicted facilities impacting the project (Est. 30 conflicts). • Obtain detailed relocation plans from utility owners.

ITEM 14
• Draft and issue Notice to Owner to Relocate (Est. 6 notices). • Create Caltrans utility certification binder.
• Provide final close-out file to the City.

As Needed Utility Coordination Services for Additional Utility Owners • Prepare the introductory request for as-built notices (additional utility owners) • Prepare and issue the utility verification notices to make sure the facilities are accurately plotted on the project utility plans.
• Review and verify with the design team which facilities are considered in conflict. • Prepare and send the Relocation Claim Letter to the utility owner (Est. 6 letters). • Coordinate and plan a meeting amongst the utility owner, design team, and the City as needed to discuss the project design, the utility conflict, relocation alternatives, and a plan to resolve the conflict (Est. 16 meetings).
• Det
ermine the liability for the conflicted facilities impacting the project Optional Services
Services under this section will require a written notice to proceed from the City before initiating any work. A more detailed estimate may be required to reflect the project scope which should be more defined at this stage.

Property Management
Interim property management and security is available for all properties acquired for each project. Once the property is vacant, and based on the construction schedule, our Property Management Manager, Curtis Bibolet, will make recommendations as to interim leasing of properties or securing the site until construction is ready to begin. This typically includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance, and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks o r other environmental concerns. Curtis and the Monument Team will inspect all City -owned properties and to confirm the tenancy of occupants. All work will be performed in accordance with the City’s Right -of-Way Policies and Procedures and Federal, State, and local regulations.

Assumptions:
• Demolition Costs Shown in the Budget are an estimate. Actual costs will be based on a bid for services. • Lead and Asbestos Surveys and Abatement will be based on estimate at the time of work. • Monument does not provide formal construction inspection services. Monument will coordinate demolition oversite activities with the City.
• Monument will visit each site once at beginning of property management efforts, once for utility shut off and twice for demolition.

Deliverables:
• Property Management Oversite
• Preparation of RFP in support of buildings demolition • Demolition Site Review (not construction inspection)
• Board, Fencing, and Utility Shut off of up of 20 Buildings on 7 sites. On • Up to 20 Lead and Asbestos Studies
ITEM 14
• Lead and Asbestos Surveys
• Lead and Asbestos Abatement
• Demolition of up to 20 buildings.

ITEM 14
Task Count $/Ea or $/hr Sub Total Note

1. Project Management
Principal Manager 80 290$ 23,200$
Senior Project Manager 376 190$ 71,440$ 10% time 6 months, 12.5% time for 12 months Project Coordinator 200 110$ 22,000$
Project Researcher 80 90$ 7,200$

2. Appraisal
Full Acquisition Appraisals 9 5,000$ 45,000$ CBRE Partial Acquisition Appraisals 24 6,500$ 156,000$ CBRE Appraisal Review 33 2,500$ 82,500$ Monument
UPRR Appraisal 1 10,000$ 10,000$ CBRE
UPRR Appraisal Review 1 4,500$ 4,500$ Monument
Waiver Valuation 16 2,300$ 36,800$ Monument
FFE Appraisal (business) 2 10,000$ 20,000$ DM&A
FFE Appraisal (billboard) 2 1,000$ 2,000$ DM&A

2.1 As Needed Appraisal Services
Appraisal Updates 20 2,500$ 50,000$ CBRE
Appraisal Review Updates 20 1,000$ 20,000$ CBRE
Goodwill Appraisal (business) 2 20,000$ 40,000$ DM&A Goodwill Appraisal (billboard) 2 7,000$ 14,000$ DM&A

3. Acquisition
Permanent ROW 33 4,500$ 148,500$ Monument
TCE Only Parcels 16 3,500$ 56,000$ Monument

3.1 As Needed Negotiations
UPRR Railroad 1 10,000$ 10,000$ Monument

4. Relocation
Relocation Planning Document 1 10,000$ 10,000$ Monument - Relocation Impact Report Residential Tenant Relocation 25 4,500$ 112,500$ Monument Business Relocation (2 businesses +1 Church) 3 7,500$ 22,500$ Monument Billboard 2 7,500$ 15,000$ Monument

5. Title & Escrow Coordination 49 700$ 34,300$ Monument

6. Eminent Domain & Condemnation Support 5 2,500$ 12,500$ Preperation of up to staff reports and presentations

7. Eminent Domain Legal Support - 5 22,525$ 112,625$ Nossaman, Placeholder budget

8. ROW Certification 70 250$ 17,500$ Monument

9. Environmental Site Assessments
Fee Acquisition 37 1,250.00$ 46,250$ Blackburn Consulting UPRR 1 10,000.00$ 10,000$ Blackburn Consulting

10. Utility Coordination 160 160.00$ 25,600$

10.1 As Needed Utility Coordination 80 160.00$ 12,800$ Sub Total Labor w/o as needed services 1,103,915$
ODCS
Standard Title Report 49 850$ 41,650$
UPRR Title Report 1 8,500$ 8,500$
Mileage 1200 1$ 798$
UPS and USPS 120 50$ 6,000$
Sub Total ODC 56,948$
As Needed Services (2.1, 3.1 & 10.1) 146,800$
Grand Total 1,307,663$
Optional Services
Property Management
Property Management Oversite 280 150$ 42,000$ 40 hrs/ property @ 7 properties with 20 buildings Lead and Aesbestos Testing 20 5,000$ 100,000$ Placeholder Lead and Asbestos Abatement 20 15,000$ 300,000$ Placeholder Board Up / Utility Shut Off 20 10,000$ 200,000$ Placeholder Demolition (residential) 18 40,000$ 720,000$
Placeholder (6 apartment Buildings, 6 SFR buildings, 2
Houses + Outbuldings, 1 SFR, 1 SFR, Recylcing Center)
Demolition (commercial) 2 75,000$ 150,000$ Church and Pool Company Sub Total Optional Services 1,512,000$
Grand Total w/ as needed services and optional services 2,819,663$ EXHIBIT B - Monument ROW Fee
SR 99 / Mitchell Rd - Service Rd Interchange Improvement Project Services under this section will require a written notice to proceed from the City before initiating any work. A more detailed estimate may be required to reflect the project scope which should be more defined at this stage.

EXHIBIT "B"
ITEM 14

MONUMENT
2024 HOURLY RATE SCHEDULE
Right of Way Management & Implementation
Program Manager / Principal $290.00 per hour
Senior Project Manager / Sr. Utility Project Manager $210.00 per hour ROW Project Manager 2 / Utility Project Manager 2 $190.00 per hour ROW Project Manager 1 / Utility Project Manager 1 $160.00 per hour Utility Coordinator $130.00 per hour
Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst $145.00 per hour
Acquisition Agent 2 / Relocation Agent 2 / Property Manager $120.00 per hour Acquisition Agent 1/ Relocation Agent 1 $110.00 per hour Senior Project Coordinator $120.00 per hour
Project Coordinator 2 $110.00 per hour
Project Coordinator 1 $100.00 per hour
Senior Project Analyst $135.00 per hour
Project Analyst $110.00 per hour
Researcher $90.00 per hour
Project Support / Administrative
Professional Staff $85.00 per hour
Project Controller 2 $100.00 per hour
EXHIBIT "C"
ITEM 14

Project Controller 1 $75.00 per hour
Project Support Specialist $75.00 per hour

The above hourly rates are exclusive of local travel/mileage, photocopying, first class postage and overnight courier service . These expenses including out-of-pocket expenses such as pre -approved travel and lodging, outside exhibit preparation, requested o vernight courier or registered and/or certified mail (return receipt requested) charges, and specialty reproduction (unless otherwise specified) are in addi tion to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination, and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%).

In the event Monument is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of thi s contract, nor are they part of our normal fees.

If required, these types of services will be invoiced at two times the regular hourly rates.

In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract.

Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge.

Monument will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule prov ided above. The client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice. Upon completion of services, the remaining unbilled amount of the project balance shall become immediately due and payable.

Sub Consultants:

Nossaman:

CBRE
• Fees will be charged on a per parcel basis as shown in Exhibit B

Desmond Marcello & Amster
• Fees will be charged on a per parcel basis as shown in Exhibit B

Blackburn Consulting
• Fees will be charged on a per parcel basis as shown in Exhibit B

KEY PERSONNEL
Name (First Last)
Title

Not To
Exceed
Attorney
Blended Rate
Option*
Annual
Escalation
Rate
Artin N. Shaverdian Lead Partner $495 5%
Alexei Brenot Counsel $495 5%
Kristin L. Mendenhall Counsel $495 5%
Aleene Madikians Associate $495 5%
Diana Nowlin McMillin Paralegal $250 5%
ITEM 14
Below is the proposed schedule for the ROW phase of the project.

Finalize Scope/Fee and Approve
Monument’s contract February 2024
ROW Process Presentation to City Council March 2024
City Council closed session approving
ROW budget May 2024
City Council resolution delegating ROW
authorities to the City Engineer May 2024
Begin ROW appraisal process June 2024
Finalize ROW appraisals September 2024
City approval of appraisal and
establishment of Just Compensation October 2024
Initiate negotiations October 2024
Begin relocation assistance efforts October 2024
Open escrows and deposit funds January 2025
Resolutions of Necessity January 2025
ROW Certification Fall 2025 (after court process)
EXHIBIT "D"
ITEM 14
ITEM 14

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT: Resolution No. 2024-XXX, Approving a Contract with Artificial Turf & Landscaping Co. Inc. for the I nfield/Turf R enovations at Costa Fields and Authorizing the City Manager to Execute the Contract RECOMMENDED COUNCIL ACTION:

Staf
f recommends the City Council to award the construction contract with Artificial Turf & Landscaping Co. Inc. for Costa Fields infield/turf renovations project in the amount of $72,755.00 and authorizing the City Manager to execute the contract.

I. BACKGROUND:

At t
he April 24, 2023, City Council meeting Council Member Daniel Martinez for District 4 made a referral to appoint city staff to attend Ceres Youth Baseball ( CYB’s) monthly meetings on a regular basis. Council appointment of the City Manager or his/her designee to serve the role and act as a liaison between CYB and City Council.

II. REASONS FOR RECOMMENDATION:

On January 22, 2024 City Council approved APRA funding for the amount of $72,755.00 and awarded Artificial Turf & Landscaping Co. Inc. for the infield/turf renovations at Cosa Fields.

The scope of work for the infield/turf renovation includes the following: 70/30 infield mix, till, and grade. Install packing clay at bat ter boxes/catcher’s box. Install conditioner and drag/smooth out infield transition. Fertilize outfield grass areas and provide two outfield mowing. One mowing prior to fertilize and the second mowing approx. ten days after fertilizing and remove weeds and spray fence lines.

ITEM 15
III. FISCAL IMPACTS:

The City Council approved the use of $ 200,000.00 of ARPA funds for the Costa fields upgrades. Resolution 2024-06 approved the allocation of ARPA funds and Resolution 2023-107 approved the appropriations. ARPA account number 21940. 039900 for the amount of $72,755.00.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Approval of this project fulfills the strategic plan for Community engagement : Establish strong relationships with all sectors of the community, recognizing its culture diversity and increase their involvement in creating the future of this City.

V. POLICY ALTERNATIVES:

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

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Recreation Department.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOL LOWING APPROVAL:

Following City Council approval, the City Manager shall execute the contract.

A
pproved by: ____________________
Douglas D. Dunford
City Manager
A
ttachments:

1. Attachment A – Resolution

2. Attachment B – Proposal

3. Attachment C – Agreement
ITEM 15

ATTACHMENT A
RESOLUTION NO. 2024-XXX
AP

PROVING A CONTRACT WITH ARTIFICIAL TURF &
LANDSCAPING CO. INC. FOR THE INFIELD/TURF RENOVATIONS AT

COSTA FIELDS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, The City Council has recognized the need for Costa fields turf/infield renovations; and
W
HEREAS, $72,755.00 of ARPA funds were approved for Costa fields turf/infield renovations; and
W
HEREAS, The CITY wishes to conduct baseball /softball programs in Ceres to serve the youth of the community through the use of the facility owned by the City; and W
HEREAS, authorization to proceed with payment to Artificial Turf & Landscaping Co. Inc. requires a resolution adopted by City Council.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a contract with Artificial Turf & Landscaping Co. Inc. for the infield/turf renovations at Costa Fields and authorizes the City Manager to execute the contract.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of February 2024, 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

ATTACHMENT B
Artificial Turf & Landscaping Co. Inc.

Modesto Office
1467 Crawford Rd
Modesto, CA 95357
[email protected]
Phone: {209)483-2259 Fax: {209)633-0345
CL# 1001046 DIR# 1000009229
T
o: Costa Fields
Project: Field Rehab
RE: Infield & Outfield Prep@ 5 Fields
Date:1/4/24
Work Description- Import 70/30 infield mix, till, and grade. Install packing clay at batters/catcher's box.

Install infield conditioner and drag. Grade/smooth- out infield-outfield transition. Fertilize outfield grass areas and provide two outfield mowings, one mowing prior to fertilizing and the second mowing approx. :, • ten days after fertilizing. Remove weeds and spray fence lines.

Notes: The infield-outfield transition work to consist of mowing/dethatching grass at transition, regrading infield mix at transition, and rolling.

More aggressive transition work would consist of cutting out existing grass, removal of soil, and laying new sod. There would be an additional cost for this work and would require the field to be closed down for approximately 3- 4 weeks.

P
rice ............................................................. $ 72,755.00 P
rice to include: Tax, Labor, Materials.

N
otes: Irrigation heads to be adjusted as need. Any irrigation repair to be done and a time and material basis. Project quoted California State Prevailing Wage.

ITEM 15
ITEM 15
AT

TACHMENT C

AGREEMENT
FOR

CONTRACT SERVICES
T
HIS AGREEMENT is made and entered into in the CITY of Ceres, State of C
alifornia, this 12th day of February 2024, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and ARTIFICIAL TURF & LANDSCAPING CO. INC., hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

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

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

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

ITEM 15

ATTACHMENT C

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

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

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

ITEM 15

ATTACHMENT C

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

7. TERM OF AGREEMENT
This Agreement shall be effective FEBRUARY 12, 2024, and will continue in effect until JULY 12, 2024, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit B. The total compensation to CONTRACTOR shall not exceed SEVENTY TWO THOUSAND SEVEN HUNDRED AND FIFTY FIVE DOLLARS ($72,755.00).

ITEM 15

ATTACHMENT C

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

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

The Contract Officer’s decision shall be final.

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

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional ITEM 15

ATTACHMENT C

capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

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

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

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

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

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

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to ITEM 15

ATTACHMENT C

modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

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

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

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

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

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

ITEM 15

ATTACHMENT C

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

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

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

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

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

FOR CONTRACTOR: Name: Artificial Turf & Landscaping Co. Inc.

Address: 1467 Crawford Road
Modesto, CA. 95357
Attention: Jim Lawrence
Phone: (209) 483-2259

FOR CITY: Name: CITY of Ceres
Address: 2701 4th street
Ceres, CA 95307
Attention: Joey Chavez
Phone: (209) 538-5682

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

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
ITEM 15

ATTACHMENT C

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

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

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

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

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

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements ITEM 15

ATTACHMENT C

of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

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

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

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

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

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to ITEM 15

ATTACHMENT C

procure and maintain a policy of insurance.

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

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

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

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

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

27. 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.

28. WARRANTY
ITEM 15

ATTACHMENT C

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

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

29. 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 Agreement by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

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

30. GOVERNING LAW
ITEM 15

ATTACHMENT C

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

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

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

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

33. 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 15

ATTACHMENT C

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

Dated , 2024 Dated , 2024
CITY OF CERES, a municipal corporation CONTRACTOR
By By
Douglas D. Dunford, City Manager Signature

Jim Lawrence/Owner
Typed name/title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk
ITEM 15

ATTACHMENT C

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

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

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$5,000,000 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: $5,000,000 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 15

ATTACHMENT C

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 15

ATTACHMENT C

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 15

ATTACHMENT C

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 15
ITEM 15
{CW135600.2}

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Nubia Goldstein, City Attorney
SUBJECT: Res
olution No. 2024 -XXX, Approving an Appeal and Modifying City of Ceres Planning Commission Resolution PC 23 -26 for Conditional Use Permit Application Number 23 -18 to Develop a Gas Station and Convenience Store at 1200 E. Whitmore Avenue (APN: 086-016-077)
RECOMMENDED COUNCIL ACTION:

At t
heir regular meeting on December 4, 2023, the Ceres Planning Commission approved Conditional Use Permit 23- 18 (CUP) by a 5- 0 vote. A n appeal of th is decision was filed on December 5, 2023, with the Planning Division. On January 22, 2024, the City Council directed staff to prepare a Resolution to (1) uphold the appeal and (2) deny the development of the gas station and convenience store (collectively referred to herein as simply “gas station”).

I. BACKGROUND:

On Aug
ust 10, 2023, Property Owner Ajmir Singh Randhawa and Applicant Brian Rosenberger submitted Conditional Use Permit Application 23- 18 (CUP) to establish a 4,500 square foot gas station with convenance store, sixteen ( 16) fuel pumps, and seventeen (17) Electric Vehicle (EV) charging stations.

On Dec
ember 4, 2023, during the Planning Commission Public Hearing, Conditional Use Permit 23-18 (CUP) was presented and approved with the Conditions of Approval contained in Resolution PC 23-26.

On Dec
ember 5, 2023, an appeal was filed by Parminder Gill of Gill Bro Inc., the property owners of 1240 E. Whitmore Avenue pursuant to City of Ceres Municipal Code 18.34.010.

On Ja
nuary 22, 2024, the City Council directed staff to prepare a Resolution to (1) uphold the appeal and (2) deny the development of the gas station.

ITEM 16
{CW135600.2}
II. REASONS FOR RECOMMENDATION:

The City Council directed staff to prepare a Resolution to deny the development of the gas station and convenience store. The main reasons cited included the heavy concentration of gas stations in the project site vicinity and the lack of communication with surrounding business owners.

Ceres Municipal Code (CMC), section 18.28.090(A). and (A.1.), states the following:

A. When considering a conditional use permit (CUP) application under this title to permit an automobile service station, the following criteria may be taken into consideration but shall not be mandatory:

1. A maximum of two (2) automobile service stations shall be allowed at a cross intersection one at a "T" intersection.

The project is located west of the intersection of Morgan Road and Whitmore Avenue.

There is already a gas station west of the intersection. The proposed gas station would be further west of the existing gas station. The proximity of the proposed gas stati on is inconsistent with the intent of CMC 18.29.090 A.1.

Further supporting the denial of the gas station is the failure of the project to meet General Plan Policies 2.G., 2.L.9., 7.A., and 7.D.1., as follows:

General Plan Policy 2.G. Promote development of commercial uses compatible with surrounding land uses to meet the present and future needs of the Ceres market area and to maintain economic vitality.

The proposed gas station is not compatible with existing surrounding land uses on Whitmore Avenue and would not bolster the economic vitality of the surrounding area in a manner to meet present or future needs.

General Plan Policy 2.L.9. Commercial and Office Design. Ensure development in the Community Commercial and Office land use designation balances the goals of providing convenient services and retail with adding attractive, quality design that contributes to the Ceres community.

The proposed gas station does not contribute a new convenient service. Furthermore, having multiple gas stations on the same side of Whitmore Avenue and in such close proximity to each other does not achieve a balance in services.

General Plan Policy 7.A. Support a wide range of economic activity in Ceres that capitalizes on the city’s location, strengthens the City’s tax base, and supports and enhances quality of life.

The proposed gas station does not widen the economic activity in Ceres in a manner to enhance the quality of life for residents in the area.

ITEM 16
{CW135600.2}
For these reasons, the proposed gas station should be denied, and the appeal should be upheld.

III. F ISCAL IMPACTS :

N/A

IV. E XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

N/A
V. P OLICY ALTERNATIVES :

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. P UBLIC PARTICIPATION:

On November 22, 2023, a Notice of Public Hearing for the December 4, 2023, Planning Commission was posted in the Ceres Courier and a physical copy of the notice was mailed to surrounding property owners within a 300- foot radius pursuant to California Government Code 65090, et al . The notice contained a description of the project and instructions on how to participate in the public hearing.

On December 1, 2023, the December 4, 2023, Planning Commission Agenda was posted in front of the City Council Chambers located at 2701 4 th Street, Ceres pursuant to California Government Code 54954.2.

On December 4, 2023, during the Planning Commission Public Hearing the floor was opened to members of the public who would like to speak in support or in opposition of the project.

On January 10, 2024, a Notice of Public Hearing for the January 22, 2024 , City Council Meeting was posted in the Ceres Courier and a physical copy of the notice was mailed to the surrounding property owners within a 300-foot radius. Members of the public provided comments at the January 22, 2024, City Council meeting and are invited to comment at the February 12, 2024, City Council meeting.

VIII. EN
VIRONMENTAL REVIEW :

The gas station project is exempt from CEQA as an “In-Fill” project.

IX. ST EPS FOLLOWING APPROVAL :

The proposed Resolution modifies Planning Commission Resolution No. 23-26 consistent with the findings set forth above. Once approved by the Council, s taff will record Resolution 23-26.

ITEM 16
{CW135600.2}

Approved by: _____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Resolution PC 23-26
ITEM 16

ATTACHMENT A
{CW135577.2}
RE
SOLUTION NO. 2024-XXX
AP

PROVING AN APPEAL AND MODIFYING CITY OF CERES PLANNING
COMMISSION RESOLUTION PC 23-26 FOR CONDITIONAL USE PERMIT APPLICATION NUMBER 23-18 (CUP) TO DEVELOP A GAS STATION AND CONVENIENCE STORE AT 1200 E. WHITMORE AVENUE
(APN: 086-016-077)
T

HE CITY COUNCIL
City of Ceres
PROPERTY OWNER: Ajmer Singh Randhawa
641 N. San Marcos Drive
Mountain House, CA 94391
APPL
ICANT: Brian Rosenberger
4335 B North Star Way
Modesto, CA 95356
SI
TE LOCATION: 1 200 E. Whitmore Avenue, Ceres, CA 95307
W
HEREAS, on August 10, 2023, Property Owner Ajmir Singh Randhawa and Applicant Brian Rosenberger submitted Conditional Use Permit (CUP) Application 23-18 to develop Parcels 1 and 2 (APN: 086-016-077) of 23-17 (VTSM) in two phases; and
W
HEREAS, CUP 23 -18 proposed developing phase one of the project consisting of a 4,000 square foot car wash with eighteen (18) vacuum stalls to be developed on parcel 2; and
WHEREAS, phase 2 of the project consists of a 4,500 square foot gas station with convenance store, sixteen ( 16) fuel pumps, and seventeen (17) Electric Vehicle (EV) charging stations to be developed on parcel 1; and W
HEREAS, on August 30, 2023, the Planning Division of the City of Ceres Community Development Department deemed the application for CUP No. 23- 18 complete for processing; and
W
HEREAS, on November 22, 2023, a Notice of Public Hearing was posted in the Ceres Courier pursuant to California Government Code 65090, and a physical copy of the notice was mailed to surrounding property owners within a 300-foot radius pursuant to City of Ceres Municipal Code 18.32.160; and W
HEREAS, on December 4, 2023, the Planning Commission held a duly noticed public hearing at 6:00 p.m. and considered all testimony and comment presented whether orally or in writing; and
ITEM 16

ATTACHMENT A
{CW135577.2}
WHEREAS, during the Planning Commission p ublic hearing, Conditional Use Permit 23- 18 (CUP) was presented and approved by the Planning Commission by a 5-0 vote with the Conditions of Approval contained in Resolution PC 23-26; and

WHEREAS, on December 5, 2023, an appeal was filed by Parminder Gill of Gill Bro Inc., the property owners of 1240 E. Whitmore Avenue pursuant to Ceres Municipal Code 18.34.010, seeking an appeal of the Planning Commission’s approval of the gas station and convenience store portion of the proposed project; and

WHEREAS, on January 10, 2024, a Notice of Public Hearing for the appeal hearing scheduled for the January 22, 2024, City Council meeting was posted in the Ceres Courier pursuant to California Government Code 65090, and physical copy of the notice was mailed to the surrounding property owners within a 300-foot radius pursuant to City of Ceres Municipal Code 18.34.160; and

WHEREAS, on January 22, 2024, the City Council held a duly noticed public hearing to consider the appeal of the Planning Commission’s approval of the gas station and convenience store; and

WHEREAS, pursuant to section 18.30.140 of the Ceres Municipal Code, the City Council is authorized to hear and decide on the subject of the appeal, giving full consideration to the specific findings of the officer or commission appealed from, and may affirm, reverse, or modify the action appealed as it deems just and equitable; and

WHEREAS, the City Council considered all Planning Commission findings and all evidence, testimony and public comments offered and presented at the public hearing; and

WHEREAS, the City Council based on the evidence, supporting documents and the project file find that:

1. The gas station and convenience store proposal is in consistent with the purpose and intent of the “CC, Community Commercial” land use designation of the Ceres General Plan.

2. The gas station and convenience proposal is inconsistent with the purpose and intent of the “PC -48, Planned Community - 48” zoning designation as defined in the City of Ceres Municipal Code.

3. With the proposed conditions of approval approved by the Planning Commission on this project, the proposed use will have an adverse effect on surrounding properties or on any wildlife or wildlife habitat.

ITEM 16

ATTACHMENT A
{CW135577.2}

4. The Council’s decision to deny the gas station and convenience store is deemed necessary to protect the public health, safety, and general welfare.

WHEREAS, the City Council, based on the evidence, supporting documents and the project file, further find that:

5. Ceres Municipal Code section 18.28.090 A. and A.1. provide in part, “[w]hen considering a conditional use permit (CUP) application under this title to permit an automobile service station, the following criteria may be taken into consideration but shall not be mandatory:

1. A maximum of two (2) automobile service stations shall be allowed at a cross intersection; one at a "T" intersection.”

The project is located west of the intersection of Morgan Road and Whitmore Avenue. There is already a gas station west of the intersection.

The proposed gas station would be further west of the existing gas station.

The proximity of the proposed gas station is inconsistent with the intent of CMC 18.29.090 A.1.

6. The proposed gas station fails to meet General Plan Policies 2.G., 2.L.9.,

7.A., and 7.D.1., as follows:

General Plan Policy 2.G. Promote development of commercial uses compatible with surrounding land uses to meet the present and future needs of the Ceres market area and to maintain economic vitality.

The proposed gas station is not compatible with existing surrounding land uses on Whitmore Avenue and would not bolster the economic vitality of the surrounding area in a manner to meet present or future needs.

General Plan Policy 2.L.9. Commercial and Office Design. Ensure development in the Community Commercial and Office land use designation balances the goals of providing convenient services and retail with adding attractive, quality design that contributes t o the Ceres community.

The proposed gas station does not contribute a new convenient service.

Furthermore, having multiple gas stations on the same side of Whitmore Avenue and in such close proximity to each other does not achieve a balance in services.

General Plan Policy 7.A. Support a wide range of economic activity in Ceres that capitalizes on the city’s location, strengthens the City’s tax base, and supports and enhances quality of life.

ITEM 16

ATTACHMENT A
{CW135577.2}
The proposed gas station does not widen the economic activity in Ceres in a manner to enhance the quality of life for residents in the area.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres as follows:

Section 1. The City Council hereby grants the appeal specifically as to the approval of the gas station and convenience store and hereby modifies the approval of CUP 23-18 consistent with the findings in this Resolution. A true and correct copy of the revised Resolution No. PC 23-26 is attached and incorporated herein as Exhibit A.

Section 2. The Director of Community Development or designee is hereby directed to record this Resolution and the revised Resolution No. PC 23- 26 at the office of the County Recorder of the County of Stanislaus.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12
th day of February 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

__________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 16

ATTACHMENT A
{CW135577.2}

EXHIBIT A

ITEM 16
ITEM 16

ATTACHMENT B
RECORDING REQUESTED BY:

CITY OF CERES
W
hen Recorded mail to:

C
ity of Ceres
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
RE
SOLUTION NO. PC 23-26
RE

SOLUTION OF THE CITY OF C ERES PLANNING COMMISSION

APPROVING A CONDITIONAL USE PERMIT APPROVAL TO DEVELOP PARCELS 1 AND 2 OF 23-17 (VTSM) IN TWO PHASES. PHASE 1 CONSISTS OF A 4,000 SQUARE FOOT CAR WASH WITH 18 VACUUM STALLS TO BE DEVELOPED ON PARCEL 2. PHASE 2 CONSISTS OF A 4,500 SQUARE FOOT GAS STATION WITH CONVENANCE STORE, 16 FUEL PUMPS, AND 17 ELECTRIC VEHICLE (EV) CHARGING STATIONS TO BE DEVELOPED ON PARCEL 1. PARCELS 1, 3, 4, AND 5 WILL BE DEVELOPED AT A LATER DATE. LOCATED AT 1 200 E. WHITMORE AVENUE, CERES , CALIFORNIA.

APPLICATION NUMBER: 23-18 (CUP).

PRO
PERTY OWNER: Ajmer Singh Randhawa
641 N. San Marcos Drive
Mountain House, CA 94391
APPL
ICANT: Brian Rosenberger
4335 B North Star Way
Modesto, CA 95356
S
ITE LOCATION: 1 200 E. Whitmore Avenue, Ceres, CA 95307 WHEREAS, the Planning Commission of the City of Ceres, State of California, ha s considered said application proposing a Conditional Use Permit involving the construction of a 4,000 square foot car wash with 18 vacuum stalls and a 4,500 square foot gas station with convenience store, 16 fuel pumps, and 17 Electric Vehicle (EV) charging stations located at 1200 E. Whitmore Avenue, Modesto, California.

WHE
REAS the Planning Commission held a duly noticed public hearing on December 4, 2023 at 6:00 p.m. and considered all testimony and comment presented whether orally or in writing; and,
W
HEREAS the property affected by this resolution is located at 1200 E.

Whitmore Avenue, Ceres, CA 95307; and,
ITEM 16

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

1. The proposal is consistent with the purpose and intent of the “CC, Community Commercial” land use designation of the Ceres General Plan.

2. The proposal is consistent with the purpose and intent of the “ PC-48, Planned Community - 48” zoning designation as defined in the City of Ceres Municipal Code.

3. With the conditions of approval imposed on this project, the proposed use will have no adverse effect on surrounding properties or on any wildlife or wildlife habitat.

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

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

Section 1. The Planning Commission hereby confirms that the project is Categorically Exempt from Environmental review pursuant to Section 15332 of the California Environmental Quality Act.

Section 2. The establishment and operation of CUP 23-18 requires compliance with the conditions of approval contained in this resolution and attached as Exhibit “A” and on file in the Community Development Department , which shall be binding on all heirs, assignees, and successors in interest of said property.

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

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

ITEM 16

ATTACHMENT B

I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the Planning Commission of the City of Ceres at a regular meeting of said Planning Commission held on the 4
th d ay of December 2023, by the
following vote:

AYES: Commissioners Del Nero, Jammu, Johnson, Otero,
Chairperson Kachel

NOES: None

ABSENT: None

ABSTAIN: None

CHRISTOPHER HOEM, SECRETARY OF

THE CERES PLANNING COMMISSION

CITY OF CERES

ATTEST:

___________________________________

ANN MONTGOMERY

ADMINISTRATIVE SECRETARY

CITY OF CERES

ITEM 16

ATTACHMENT B
EXHIBIT “A”

CONDITIONS OF APPROVAL

Conditional Use Permit # 23-18

City of Ceres

1200 E. Whitmore Avenue
Ceres, CA 95307

Approved by the Planning Commission: December 4, 2023
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A

A. PROJECT AUTHORIZATION

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

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

3. This entitlement shall expire within 24 months (December 4, 2025) unless a building permit is issued, or the use is exercised, or a request for extension is received by the City prior to expiration of the permit. If the final map for 23 -17 (VTSM) is adopted before its expiration date, then this entitlement is valid and has no expiration date. IT SHALL BE THE RESPONSIBILITY OF THE

APPLICANT/PROPERTY OWNER TO BE AWARE OF THE

EXPIRATION DATE OF THIS ENTITLEMENT AND TAKE THE

NECESSARY STEPS TO ENSURE THE APPROVAL OF THIS
ENTITLEMENT REMAINS VALID. IT SHALL NOT BE THE CITY

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

EXPIRES, THE APPLICANT/PROPERTY OWNER SHALL BE

REQUIRED TO SUBMIT A NEW APPLICATION REQUEST FOR
THIS PROJECT.

ITEM 16

ATTACHMENT B

B. PROJECT SPECIFIC CONDITIONS

Prior to issuance of a Certificate of Occupancy, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Community Development Department:

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

2. T
his entitlement is for the approval and construction of 4,000 square foot car wash with 18 vacuum stalls and a 4,500 square foot gas station with convenience store, 16 fuel pumps, and 17 Electric Vehicle (EV) charging stations.

3. A b uilding permit will be required, and the applicant shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees , and Ceres Unified School District fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued. The project is required to comply with the requirements of the California Building Code that are in place at the time said building permit application is made.

4. The applicant shall incorporate colors, materials, and architectural features as approved by the Planning Commission and are represented with the project elevations and colored renderings that are on file with the Planning Division. If the applicant desires to make any changes to the colors or materials for the proposed building, such request shall be made in writing to the Director of Community Development or designee who will consider all requests and has the authority to approve those administratively. Approval of such requests shall be required prior to their installation.

ITEM 16

ATTACHMENT B

5. The applicant shall ensure that this development is included as part of the overall irrevocable reciprocal access , parking, and maintenance agreement with adjacent parcels.

6. The applicant shall obtain and maintain a valid City business license through the City of Ceres for this business operation.

7. The applicant/operator shall have HD quality monitoring cameras with 4k/1080p resolution for the exterior of the building at all times to the satisfaction and approval of the Ceres Police Chief. The applicant/operator shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.

8. The applicant shall comply with the following conditions for the development, which shall be completed prior to occupancy of the building constructed to the satisfaction of the Planning Division and Engineering Services Department:

a. The ap
plicant shall provide a minimum of 23 parking spaces to serve Parcel 1 and a minimum of 19 parking stalls to serve Parcel 2. The applicant shall ensure that all parking stall lengths and widths and drive aisle widths meet City standards.

b. A
s applicable, t he applicant will be required to provide all the frontage improvements (i.e. street lighting, landscaping, roadway, curb, gutter, and sidewalk) along E. Whitmore
Avenue.

c. As applicable, the applicant shall install all water, sanitary sewer and storm drain systems, and related utilities required to serve the project. Calculations for these utilities shall be prepared by a licensed civil engineer for review and approval by the City Engineer.

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

e. The applicant shall install street lights, striping and sign age, paving, and any necessary transitions in accordance with the City of Ceres Procedures, Standard Specifications and
Standard Details.

ITEM 16

ATTACHMENT B
f. The applicant shall provide landscaping as required by the Ceres Municipal Code.

g. Any proposed exterior lighting will need to be shielded and/or directed downward and away, so as not to create any glare onto E. Whitmore Avenue and the neighboring properties.

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

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

9. The applicant shall construct the proposed refuse enclosure as shown on the proj ect site plan. The refuse enclosure shall be constructed prior to granting occupancy for the building. P lacement of th is enclosure, size and design, shall be subject to review and approval by the City. The refuse enclosure shall meet the size requirements as established in the City of Ceres Water Efficient Guidelines and Standards. The enclosure shall have a 6’ masonry (split face block) wall with solid metal gates in front that match the building’s field color. At a minimum, textured block for the ext eriors shall be provided for the enclosure and it is encouraged that it has some type of roof feature to limit the ability of someone to gain unauthorized access to the refuse bin. Plans for th is enclosure shall be provided at building permit submittal. Trees/shrubs shall be positioned around the encl osure to screen from public view to the satisfaction of the Planning Division.

10. Prior to issuing any building permits for the project, the plans will need to include storm calculations and demonstrate how drainage will be or has been accommodated to the satisfaction of the Engineering Services Department . The applicant may wish to accommodate some storm drainage capacity on- site, as in a significant rain event the collection system may become inundated and lose capacity, which may result in some temporary localized flooding on-site.

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

18.26 (Ceres Sign Code) of the Municipal Code and the Master Sign ITEM 16

ATTACHMENT B
Program associated with this entitlement (on file in the Planning Division). The applicant shall obtain the appropriate sign permit(s) and building permit(s) for all project signage (which shall meet City standards) and shall be reviewed and approved administratively by the Director of Community Development or designee. Allowable signage for this project includes the following:

a. For any proposed wall signs, the City will require said wall signs to be designed as individual channel lettering with an appropriate background (not a cabinet type sign). The
maximum allowable sign area for a wall sign is 1 square foot of sign area for every 1 lineal foot of primary building frontage and ½ square foot for every 1 linear foot of secondary
frontage.

12. Any proposed “Bike Racks” for the project shall be equally distributed throughout the area near all buildings.

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

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

15. The applicant shall comply with any requirements imposed by the Turlock Irrigation District (TID) in memo dated August 31, 2023.

16. The applicant shall comply with any requirements imposed by the Central Valley Regional Water Quality Control Board (CVRWQCB) in memo dated November 27, 2023.

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

C. GENERAL CONDITIONS OF APPROVAL

Planning Division

1. Development shall conform to the plans designated by the City Planning Division as “Final Exhibit”. Final exhibit shall consist of the submitted map(s), site plan, floor plans, elevations and landscape plans amended by the applicant to reflect any changes indicated above in, Item B, Project Specific Conditions or required ITEM 16

ATTACHMENT B
by the City in the approval process. The applicant shall submit any required amended site plans to the Planning Division within 90- days of project approval. Failure to submit the amended plans will result in a delay in processing and/or approval of those plans.

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

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

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

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

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

ITEM 16

ATTACHMENT B

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

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

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

10. All signage shall be consistent with the standards and guidelines established in Section 18. 26 of the City of Ceres Municipal Code.

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

11. The applicant shall comply with the visibility obstructions at public intersections provisions in Chapter 12. 07 of the City of Ceres Municipal Code.

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

13. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District (SJVAPCD) regarding ITEM 16

ATTACHMENT B
Rule 9510 to the satisfaction of the City of Ceres. If applicable, applicant shall submit verification of compliance or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit.

Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City.

14. The Planning Division may approve minor amendments to the project, provided that the amendment is still in substantial conformance with the original approval of this e ntitlement. A request for a minor amendment shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presented to the Planning Commission through the amendment process and the applicant shall pay the necessary processing fees.

15. The applicant and/or outside party have the right to appeal, within 10-days, any decision of the Planning Commission to the City Council per the provisions of Chapter 18. 34 of the Ceres Municipal Code.

Engineering Services Department/Public Works Department

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

1. Prior to any work being conducted on the project site or within the City right -of-way and prior to issuance of building permits, the applicant shall obtain an Encroachment Permit from the City. Prior to issuance of the Encroachment Permit, the applicant shall submit to the City of Ceres for review and approval, on- site and off -site improvement plans prepared by a Registered Civil Engineer; shall pay plan check and inspection fees; shall provide a cost estimate of the improvements; and shall post sufficient surety guaranteeing the construction of the improvements wholly or partially dedicated with this project. Said surety shall have an AM Best rating for financial strength of B++ or higher.

2. All services and improvements shall be installed and protected as per City standards and to the satisfaction of the Engineering Services Department. Additional utility easements may be needed for sewer, water, and storm drainage.

ITEM 16

ATTACHMENT B

3. The project may be subject to providing the Engineering Services Department (209- 538-5792) with water system analysis, sewer system analysis, and storm system analysis performed by a Registered Civil Engineer to ensure the City has sufficient capacity to serve the development.

4. A soils report is required for the project. The applicant shall submit to the City of Ceres for review and approval, a detailed soils report certified by a Civil Engineer registered in the State of California and qualified to perform soils work or a Geotechnical Engineer registered in the State of California (herein after referred to as Soil Engineer).

The soils report shall comply with the requirements of the current edition of the International Building Code with the current California amendments. The soils report shall provide design parameters for proposed building foundation, soil preparation, soil percolation rates, storm water drainage recommendations, and specifications and recommendations for pavement sections, including loading areas and fire lanes.

5. Prior to placement of building foundations, structural foundations, or pavement the project Soils Engineer shall submit a soils certification and field test results, verifying import soil quality and methods of material compaction.

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

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

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

ITEM 16

ATTACHMENT B

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

10. If any reasonably justified life and public safety issues are recognized during the improvement plan review, construction, or the warranty period following completion of the improvements the applicant shall be responsible for revising the plans and addressing the issues to the satisfaction of the Engineering Services Department. For a period of at least one year following acceptance of improvements, the applicant shall provide sufficient surety guaranteeing the quality of all public improvements.

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

DURING CONSTRUCTION, THE FOLLOWING CONDITIONS
SHALL APPLY:

12. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus County Environmental Resources Department, the Fire Department, the Police Department, the Engineering Services Department, and Building Department shall be notified immediately.

Work shall not proceed until clearance has been issued by all agencies listed and not listed, as required by State Law or other regulatory agencies.

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

Additionally, construction entrances shall be shown on the erosion control plans and kept clean and effective.

14. If grading is to take place during the rainy season between October 1 and May 1, both temporary and permanent erosion control plans shall be submitted for review and approval along with the grading plan.

15. Permanent erosion control measures shall include hydro- seeding of all graded slopes within 60-days of completion of grading.

ITEM 16

ATTACHMENT B

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

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

18. Drywell installation is not allowed on Whitmore Avenue. Developer shall extend public storm drain facilities from the west for roadway drainage purposes in Whitmore Avenue.

19. Developer shall implement striping and/or median improvements on Whitmore Avenue to the satisfaction of the City Engineer.

20. Developer shall implement a private utility easement and accompanying 6-inch sewer line running across the parcel frontages on both Whitmore Avenue and Morgan Road.

Building Division

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

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

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

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

5. The applicant shall obtain approval of a City of Ceres building permit for the project and shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School District fees. These ITEM 16

ATTACHMENT B
fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued.

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

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

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

Fire Department

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

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

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

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

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

Location to be specified by the Ceres Emergency Services.

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

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

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

ITEM 16

ATTACHMENT B

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

9. Each hydrant shall be Rich 960 or equal and be within 50 feet of each Fire Department Connection ( FDC). Fire Department Connections (FDC’s) shall be located per Ceres Fire Department specifications.

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

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

12. A minimum of 48-hour notice is required for all inspections.

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

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

15. Site development plan review and approval is required to include the civil plans and fire inspections as required.

16. Onsite fire hydrants and fire department connection to the fire sprinkler system and required standpipes in the stairwells must be shown on the plans.

17. The parking lot plan must show any parking spots required to accommodate vehicles with a trailer in tow or tractor-trailer vehicles.

18. Fire lanes shall be clear at all times with a minimum of 26 feet width and 13’6” clearance.

19. Building and Fire permits will be reviewed for compliance with the code at the time of application.

Police Department

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

ITEM 16

ATTACHMENT B

ITEM 16
ITEM 16

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected] (209) 538-5751
SUBJECT:

Resolution No. 2024-XXX, Ratifying the Appointment of Christopher Perry to the Position of Chief of Police, Approving an Employment Agreement, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staf
f recommends the City Council adopt the resolution ratifying the appointment of Christopher Perry to the position of Chief of Police and approving the employment agreement.

I. BACKGROUND:

Rick Co
llins has been the Chief of Police since March 1, 2019, and has since retired.

Chief
Collins appointed Christopher Perry as Captain soon after taking the role as Chief.

Captain Perry has held the second in command role for the past year and was designated as the Acting Chief when Chief Collins was out of the office.

Aft
er careful and thorough consideration of the alternatives for filling the critically important role, it is clear the obvious and best choice for the City of Ceres is Christopher Perry.

II. REASONS FOR RECOMMENDATION:

The Chief of Police position has been vacant since January 6 , 2024, after 27 y ears of dedicated service, Interim Chief Christopher Perry is ready for his next step. He has served in various assignments and worked his way through the traditional ranks of law enforcement.

Christopher Perry became a Ceres Police Explorer in 1992 and graduated high school in 1994. He began working for the Ceres Police Department in 1997. He has served as a field training officer, narcotics detective, canine handler, and tactical flight officer. He was ITEM 17
promoted to Sergeant in 2006 and oversaw various departments and functions of the department.

During his tenure as a Sergeant , he wrote several grants for DUI checkpoints, electric motorcycles, San Joaquin Valley air Pollution Control grant, and the Avoid 12 for the County of Stanislaus.

He was promoted to Lieutenant in 2016 and oversaw the special operations section of the department. He developed the first air unit for Ceres and is a certified drone operator.

In 2023, Christopher was promoted to Captain to oversee all police operations, preparing him for promotion to the rank of Chief of Police.

III. FISCAL IMPACTS:

Funding for this position is included in the current budget.

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

The services provided by Mr. Perry will assist the City in accomplishing its goals of enhanced government operations to provide quality of services to meet community needs.

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/ A
VII. PUBLIC PARTICIPATION:

Agenda posting and the public will have the opportunity to comment on this item at the City Council meeting.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Manager will execute the agreement.

A
pproved by: ____________________
Douglas D. Dunford
City Manager
A
ttachments:

1. Attachment A – Resolution

2. Attachment B – Employment Agreement
ITEM 17

ATTACHMENT A
RE
SOLUTION NO. 2024-XXX
RAT

IFYING THE APPOINTMENT OF CHRISTOPHER PERRY TO THE

POSITION OF CHIEF OF POLICE, APPROVING AN EMPLOYMENT

AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT
T

HE CITY COUNCIL
City of Ceres, California
W
HEREAS, as provided in Section 2.08.040, of the Ceres Municipal Code, the City Manager has the authority to appoint all Department Heads subject to ratification by the City Council; and
W
HEREAS, the City Manager has appointed Christopher Perry to the position of Chief of Police; and
W
HEREAS, an Employment Agree ment has b een negotiated with Christopher Perry, 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; and W
HEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds that the terms and conditions contained therein are reasonable and in the best interest of the citizens of the City of Ceres.

NO
W, THEREFORE , IT IS HEREBY RESOLVED that the City Council of the City of Ceres does hereby ratify the appointment of Christopher Perry to the position of Chief of Police, approves an employment agreement, and authorizes the City Manager to execute the agreement.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of February 2024, by the following vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
_____________________________
Fallon Martin, City Clerk
ITEM 17
ITEM 17

ATTACHMENT B
1 EMPLOYMENT AGREEMENT

FOR THE CHIEF OF POLICE
Th
is Employment Agreement (“Ag reement”) is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “EMPLOYER” or “City,” and Christopher Perry, hereinafter called "EMPLOYEE”.

WITNESSETH:

WH
EREAS, it is the desire of the EMPLOYER to provide certain benefits, establish certain conditions of employment and to set working conditions of said EMPLOYEE, which conditions will help to:

1. Secure and retain the services of EMPLOYEE and to provide inducement for EMPLOYEE to remain in employment;

2. M
ake possible EMPLOYEE’S full productivity by setting forth the terms and conditions of EMPLOYEE’S employment;

3. S
et forth the process by which either EMPLOYEE or EMPLOYER may terminate this Agreement and EMPLOYEE’S services.

W
HEREAS, EMPLOYEE has agreed to accept employment as the Chief of Police for the City of Ceres.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the EMPLOYER and EMPLOYEE agree as follows:

SECTION I – EMPLOYMENT
EMPLOYEE is employed to serve as the EMPLOYER’ S Chief of Police. EMPLOYEE shall serve as an "at-will employee" at the pleasure of the City Manager, who has the power pursuant to local ordinance to appoint, remove, promote, and demote EMPLOYEE, subject to ratification by the City Council.

EMPLOYEE understands and agrees that the terms of EMPLOYEE’S employment are governed solely by this Agreement. EMPLOYEE further understands and agrees that this Agreement does not confer a property right in EMPLOYEE’S employment or a right of employment for any specified term and that EMPLOYEE is not entitled to due process for any disciplinary action, including termination, under state or federal law or the EMPLOYER’S personnel policies and rules , other than as may be set forth in this Agreement.

EMPLOYEE agrees to devote all of EMPLOYEE’S productive time, ability, and attention to the EMPLOYER’S business to the extent necessary to perform EMPLOYEE’S duties and responsibilities in a manner satisfactory to the City. During the Term of the Agreement, as defined in Section V, EMPLOYEE shall not hold secondary employment or engage in ITEM 17

ATTACHMENT B
2 activities which conflict with, or present the appearance or possibility of conflicting with, the EMPLOYER’S legitimate business interests. As such, EMPLOYEE agrees that EMPLOYEE will notify the City Manager or the City Council in writing if EMPLOYEE accepts secondary employment. The EMPLOYER shall determine whether there is the appearance of or an actual conflict, or potential conflict, with the performance of EMPLOYEE’S duties and/or the best interest of the EMPLOYER . EMPLOYEE has the right to volunteer for such nonprofit organizations as EMPLOYEE may see fit; provided that such volunteer services shall not interfere with EMPLOYEE’ S duties or the business interests of EMPLOYER.

SECTION II - DUTIES
EMPLOYEE shall perform those duties as set forth in the job description attached hereto, with respect to her position of Chief of Police, and such other duties as may be requested from time to time by the City Manager.

Unless otherwise specified in this Agreement, EMPLOYEE shall be bound by all the policies, rules, and regulations of City now in force and effect applicable to EMPLOYEE’S position, and by all such other applicable policies, rules, and regulations as may be hereafter implemented and called to EMPLOYEE’S notice and will faithfully observe and abide by the same. No such policy, rule, or regulation shall alter, modify, or revoke EMPLOYEE’S status as an at-will employee or any other provision of this Agreement.

SECTION III – HOURS OF WORK
It is recognized that the EMPLOYEE’S position is an exempt executive management position which often requires more than a conventional forty (40) hour week to provide the desired level of professional service. It is further recognized that to properly fulfill the duties and responsibilities of the position, EMPLOYEE will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, while EMPLOYEE shall spend sufficient hours on site to perform the duties of the position, EMPLOYEE has discretion over the work schedule and work location and will not be required to maintain a strict forty (40) hour-per-week on-site presence at City Hall and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate.

SECTION IV-
SALARY
The salary for the EMPLOYEE shall be set at Range J91, Step D ($14,882 per month) of the 7/09/23-6/30/24 City of Ceres Class Titles and Salary Ranges Schedule.

EMPLOYER agrees that EMPLOYEE’S compensation for subsequent fiscal years will be reconsidered as part of the budgetary process for those Fiscal Years. Step increases to be considered consistent with City Personnel Rules on an annual basis. ///
ITEM 17

ATTACHMENT B
3 SECTION V – TERM, TERMINATION AND SEVERANCE PAY
A. Term. The term of this Agreement shall be for three (3) years from the Effective Date set forth in Section VIII (“Term”), unless terminated earlier pursuant to this Section V. The City Manager in his or her sole discretion may extend the Term for one (1) year. No later than three (3) months prior to the expiration of the Term, the City Manager shall provide written notice to EMPLOYEE as to whether the City Manager intends to extend the Term.

This Agreement shall become effective upon its Effective Date; upon the adoption of a resolution of the City Council approving this Agreement.

B. V
oluntary Resignation . EMPLOYEE may resign at any time and agrees to give the City at least thirty (30) calendar days advance written notice of the effective date of EMPLOYEE’S resignation unless the Parties otherwise agree in writing. If EMPLOYEE retires from full-time public service with the City, EMPLOYEE shall provide ninety (90) calendar days advance written notice. EMPLOYEE’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 of resignation or retirement, the City shall pay to EMPLOYEE all salary and benefit amounts accrued and owing under this Agreement.

C. Employer Termination/Severance. EMPLOYER may, with or without cause or prior notice, terminate this Agreement and EMPLOYEE’S employment with the City.

EMPLOYEE shall be provided a written notice setting forth the reasons for such termination. City shall tender EMPLOYEE all wages due and owing, as well as accrued and unused vacation for all hours worked as of EMPLOYEE’S last day of employment, in accordance with standard City practice, federal or state law and this Agreement.

In the event EMPLOYEE’S employment and this Agreement are terminated by the EMPLOYER during such time that EMPLOYEE is willing and able to perform the duties required under this Agreement, EMPLOYER agrees to pay EMPLOYEE a lump sum cash payment (“Severance”) equal to three (3) months’ aggregate salary, increasing by two (2) weeks per each calendar year of Employee’s service in the position of Chief of Police. The total Severance pay will not exceed six (6) months ’ aggregate salary in total. For the purpose of this SECTION V, the term “aggregate salary” is defined as the EMPLOYEE’S regular gross monthly salary on the date of termination, less all mandatory statutory withholdings.

Any S everance payable under this Agreement shall be contingent on EMPLOYEE’S signature on a release of all claims in a format satisfactory to the EMPLOYER 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 unexpired term of the contract, not to exceed eighteen (18) months. Additionally, any cash settlement related to the termination of this Agreement received by EMPLOYEE from EMPLOYER shall be fully reimbursed to EMPLOYER if EMPLOYEE is convicted of a crime involving an abuse of office or position while employed by EMPLOYER , pursuant to Government ITEM 17

ATTACHMENT B
4 Code section 53243.2. Any Severance shall be paid in the same manner as other employees unless otherwise agreed to by EMPLOYER and EMPLOYEE.

Notwithstanding the foregoing, in the event EMPLOYEE’S employment is terminated “for cause” EMPLOYER 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 EMPLOYEE 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 EMPLOYEE’S conduct which would constitute the basis for disciplinary action under Rule 13.2 of the City’s Personnel Rules, or any revised or successor rule.

In the event EMPLOYEE is terminated by Employer for misconduct which has been publicly disclosed and could stigmatize EMPLOYEE’S reputation for honesty or morality or impair EMPLOYEE’S ability to earn a living, EMPLOYEE may, within ten (10) calendar days, make a written request for a “name-clearing” hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340, and its progeny) before the City Council. Any such “name -clearing” hearing will be held solely to provide EMPLOYEE an opportunity to clear EMPLOYEE’S name. The City Council may determine whether the allegations in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that EMPLOYEE’S termination was without fault. Such a decision, however, will not require that EMPLOYEE be reinstated.

SECTION VI – F

RINGE BENEFITS AND OTHER TERMS AND CONDITIONS

OF EMPLOYMENT
A. Term Life Insurance

1. EMPLOYEE shall receive an EMPLOYER paid term life insurance policy having a face policy value of Fifty Thousand Dollars ($50,000).

2. The EMPLOYER 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 the EMPLOYER.

B.

Health and Welfare Plan

1. EMPLOYEE must enroll in an available City medical plan unless s he opts out. In order to opt out, the EMPLOYEE must provide the following:
a. Proof that the EMPLOYEE and all individuals for whom EMPLOYEE intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the EMPLOYER’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

ITEM 17

ATTACHMENT B
5 b. EMPLOYEE must sign an attestation that EMPLOYEE and his/her tax family have or will have such minimum essential coverage for the opt out period. EMPLOYEE must provide the attestation every plan year at open enrollment.

2. The EMPLOYER shall contribute the following amounts toward the combined premiums for medical, dental and vision on a semi -monthly basis (24 pay periods). The EMPLOYER’S contribution shall not exceed the actual premiums, or the contribution amounts listed below, whichever is less.

EMPLOYEE shall be responsible for the balance of premiums, if any. a. $355 semi -monthly ($710 monthly) for EMPLOYEE enrolled EMPLOYEE-Only medical coverage.
b. $735 semi-monthly ($1,470 monthly) for EMPLOYEE enrolled in EMPLOYEE + 1 medical coverage.
c. $1,045 semi-monthly ($2,090 monthly) for EMPLOYEE
enrolled in EMPLOYEE + Family (more than one dependent) medical coverage.

3. The City shall pay one hundred percent (100%) of the dental and vision premiums for EMPLOYEE who waives medical coverage.

4. EMPLOYEE who waives medical coverage shall receive $100 semi-monthly ($200 monthly) taxable compensation.

5. The City shall continue a Section 125 program for pre-tax deductions for the EMPLOYEE share of medical, dental and vision insurance premiums.

6. Benefits shall stop at the end of the month when City employment is ended 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 the City to pay, either in money or premiums, any remaining City or EMPLOYEE obligations beyond the month of termination of EMPLOYEE’S employment.

Cash payment for medical waivers will be paid only through the end of the month in which EMPLOYEE’S employment terminated. Such payment will be included in EMPLOYEE’S final pay received from the City.

Any outstanding premiums required to continue benefits through the end of the month of EMPLOYEE’S termination of City employment will be withheld from the final pay received from the City.

The City retains the discretion to select the City plan(s) each year. In the event the City makes changes to the plan selection, EMPLOYEE will receive ITEM 17

ATTACHMENT B
6 advance notice and an opportunity to discuss concerns regarding the changes.

C. S ick Leave & Sick Leave Conversion

1. Sick leave accumulation for EMPLOYEE shall be one day (8 hours) per month for 12 days per year (3.692 hours earned per pay period). Sick le ave accumulation is unlimited.

2. If EMPLOYEE has not taken more than 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, EMPLOYEE shall be entitled to convert up to 24 hours of unused sick leave to pay or leave with pay (1:1 ratio), providing that at no time shall EMPLOYEE’S sick leave balance fall below 192 hours.

3. Accumulated sick leave shall be paid to EMPLOYEE at 50% of the accumulated balance upon retirement from City service at the EMPLOYEE’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, EMPLOYEE’S separation from employment with the City at a time when the EMPLOYEE qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by EMPLOYEE for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of EMPLOYEE to commence receipt of current benefits from the retirement system. Discontinuanc e of paid work for the City under any circumstances other than defined herein, or election by EMPLOYEE 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. The City agrees to implement upon retirement a retiree health savings plan administered by a provider selected by the City.
c. Upon retirement, EMPLOYEE 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.

ITEM 17

ATTACHMENT B
7 D. Vacation & Vacation Conversion

1. Vacation shall be accrued as follows:

Years of
Continuous Service
Hours Earned Per Pay
Period
Annual
Accumulation
0-2 3.08 hours 10 days
3-10 4.62 hours 15 days
11-19 6.15 hours 20 days
20 Plus 1 additional day per year for
each year over 20 to a
maximum of 25 days per year

2. Maximum vacation accumulation shall be 480 hours. If EMPLOYEE reaches the 480 hours maximum vacation accumulation, he shall not accrue additional vacation hours. Accrual of vacation hours shall resume once the balance is reduced through time off.

3. Pay-out of accumulated vacation hours at separation of service shall be limited to 480 hours.

4. EMPLOYEE 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 the EMPLOYEE irrevocably elects to convert the amount of vacation leave at least twelve (12) months prior to the conversion. Payment will be at EMPLOYEE’S current hourly rate of pay (1:1 ratio).

E. C
onversion of Leave to Deferred Compensation Account

1. EMPLOYEE shall be given the opportunity to convert forty (40) hours per fiscal year of a combination of sick and/or vacation leave to EMPLOYEE’S individual deferred compensation account.

F. Management Leave

1. EMPLOYEE is declared as exempt under Fair Labor Standards Act executive exemption guidelines.

2. EMPLOYEE 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 Manager.

ITEM 17

ATTACHMENT B
8 G. Holidays
EMPLOYEE shall receive such paid City holidays as are granted to the Mid- Managers’ Bargaining Group.

H. B ereavement Leave

1. EMPLOYEE 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 domestic partner, parent-in-law, or other “designated person” —as well as a sibling, parent or grandparent of EMPLOYEE’S spouse or registered domestic partner. EMPLOYEE shall be entitled to bereavement leave with pay as follows:
• EMPLOYEE shall be entitled to leave with pay for a maximum of five (5) scheduled workdays in the event of the death of the EMPLOYEE’S spouse, registered domestic partner or children.
• EMPLOYEE shall be entitled to leave with pay for a maximum of three (3) scheduled workdays, in the event of the death of the EMPLOYEE’S parents, siblings or grandchildren.
• EMPLOYEE shall be entitled to leave with pay for a maximum of one (1) scheduled workday in the event of the death of an EMPLOYEE’S brother or sister by marriage or domestic partnership, parents by marriage or domestic partnership, and grandparents of EMPLOYEE or by marriage or domestic partnership.

2. Additional bereavement time may be granted but paid from the EMPLOYEE’S accrued vacation or management leave time upon request from the EMPLOYEE and approval by the City Manager.

3. The EMPLOYER reserves the right to request proof of the death of the deceased and the EMPLOYEE’S relationship to the deceased.

I. R
etirement System and Contribution

1. The EMPLOYER shall provide EMPLOYEE enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.14 commonly known as “3% at 50.”

2. The EMPLOYEE shall pay 100% of the EMPLOYEE’S contribution into the 1937 Act Stanislaus County EMPLOYEE’S Retirement System. Said contribution shall be vested in the EMPLOYEE’S name as permitted under the rules and regulations of the Act.

ITEM 17

ATTACHMENT B
9 J. Professional Development

1. As an incentive for furthering individual , professional and managerial growth by EMPLOYEE, EMPLOYER will annually budget $900.00 for EMPLOYEE in the interest of promoting and supporting EMPLOYEE’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 EMPLOYEE to attend a national or international professional conference associated with or related to the EMPLOYEE’S profession and responsibilities with this 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 software, or other technological equipment may be allowed, provided it is for EMPLOYEE’S individual use and benefit in the course of performing EMPLOYEE’S employment responsibilities and the purchase(s) remain the property of the City.

2. EMPLOYEE shall obtain the City Manager’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 the EMPLOYEE for cash purposes or as additional compensation.

K. A
utomobile Allowance
A vehicle will be provided to EMPLOYEE in lieu of a car allowance. The m ake and model will be approved by City Manager. Vehicle is to be utilized solely for work-related activities, except EMPLOYEE will be permitted to use the vehicle as transport to and from work and EMPLOYEE’S primary place of residence. It is not permissible to use the vehicle for personal use or to transport any non- city personnel. Use is subject to any applicable surcharges in accordance with any and all IRS vehicle use laws.

L. O
ther Voluntary Benefits
Through a Section 125 program and effective with the plan year beginning January 1, 2017, the City shall provide EMPLOYEE a $1,200 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 the EMPLOYEE.

The allowance shall be provided on a semi -monthly basis —$50 over 24 pay periods.

ITEM 17

ATTACHMENT B
10 The City shall continue a Section 125 program for pre -tax deductions for the EMPLOYEE share of other supplemental insurance premiums, and for Flexible Spending Accounts (daycare and unreimbursed Medical expenses) or Health Savings Accounts (HSA).

The City retains the discretion to select the voluntary benefit plans offered to EMPLOYEE. In the event the City makes changes to the plan selection, EMPLOYEE will receive advance notice and an opportunity to discuss concerns regarding the changes.

M. E ducational Incentive
In order to promote highly trained and skilled professionals, the City is willing to provide educational incentive to those individuals who demonstrate their improved education level. Education must be from an accredited college. Should Employee obtain a Master’s degree, EMPLOYEE shall receive an additional pay incentive of twelve percent (12%).

SECTION VII - GENERAL PROVISIONS

1. Modification of Agreement . This Agreement may be supplemented, amended, or modified only by a writing signed by the City and EMPLOYEE and approved by a resolution of the City Council.

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.

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.

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 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.

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.

ITEM 17

ATTACHMENT B
11 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.

7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

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.

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.

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.

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.

SECTION V
III – EFFECTIVE DATE

This Employment Agreement shall be effective on .

[Signature Page to Follow]

ITEM 17

ATTACHMENT B
12 IN WITNESS WHEREOF, this Agreement has been entered into by and between EMPLOYEE and CITY as of the date of the Agreement set forth above.

Dated: Dated:

CITY OF CERES, EMPLOYER

By:

Douglas D. Dunford,
City M anager

Christopher Perry, EMPLOYEE

APPROVED AS TO FORM: ATTEST:

Nubia Goldstein, City Attorney

Fallon Martin, City Clerk (Seal)

ITEM 17

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: February 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected], (209) 538-5751
SUBJECT:

Resolution No. 202 4-XXX, Ratifying the Appointment of Michael Beltran to the Position of Director of Engineering Services/City Engineer, Approving an Employment Agreement, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve the resolution ratifying the appointment of Michael Beltran to the position of Director of Engineering Services/City Engineer and approving the employment agreement.

I. BACKGROUND:

The position had been vacant since the abrupt resignation of Kevin Waugh on January 8, 2024. Staff immediately began a search and opened a recruitment for the position. Staff received three applicants that exceeded the requirements of the position.

Interviews were held on January 30, 2024 with the candidates and a panel representative of the City. After careful and thorough consideration of all candidates for the critically important role, the panel made a unanimous decision that Mr. Beltran should be offered the position.

Mr. Beltran brings 18 years of experience in the engineering field. He has both private and governmental experience as an engineer. He was recently the Director of Engineering for the City of Merced.

While in Merced, Mr. Beltran was responsible for a staff of 12 and worked on the Hwy 59 project, Merced airport terminal project along with various other projects.

ITEM 18
II. REASONS FOR RECOMMENDATION:

Mr. Beltran has the necessary skills, knowledge and a comprehensive understanding of city government. He has extensive city engineer experience and will build a cohesive team around him.

III. FISCAL IMPACTS:

The position is included in the current budget ; therefore, there is no fiscal impacts associated with the appointment.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The services provided by Mr. Beltran will assist the City in accomplishing its goal of enhancing its government operations to provide quality services to meet community needs and assuring the City is sufficiently staffed and trained.

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Execute the agreement with Mr. Beltran for his services as the Director of Engineering/City Engineer.

Approved by: ____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

ITEM 18

ATTACHMENT A
RE
SOLUTION NO. 2024-XXX
RAT

IFYING THE APPOINTMENT OF MICHAEL BELTRAN TO THE

POSITION OF DIRECTOR OF ENGINEERING SERVICES/CITY

ENGINEER, APPROVING AN EMPLOYMENT AGREEMENT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
T

HE CITY COUNCIL
City of Ceres, California
W
HEREAS, as provided in Section 2.08.040, of the Ceres Municipal Code, the City Manager has the authority to appoint all Department Heads subject to ratification by the City Council; and
W
HEREAS, the City Manager has appointed Michael Beltran to the position of Director of Engineering Services/City Engineer; and
W
HEREAS, an Employment Agreement has b een negotiated with Michael Beltran, 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; and
W
HEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds that the terms and conditions contained therein are reasonable and in the best interest of the citizens of the City of Ceres.

N
OW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Ceres does hereby ratify the appointment of Michael Beltran to the position of Director of Engineering Services/City Engineer , approves an e mployment agreement, and authorizes the City Manager to execute the agreement.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of February 2024, by the following vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
_____________________________
Fallon Martin, City Clerk
ITEM 18
ITEM 18

ATTACHMENT B
1 EMPLOYMENT AGREEMENT

FOR THE DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER
Th
is Employment Agreement (“Ag reement”) is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “EMPLOYER” or “City,” and Michael Beltran, hereinafter called "EMPLOYEE”.

WITNESSETH:

WH
EREAS, it is the desire of the EMPLOYER to provide certain benefits, establish certain conditions of employment and to set working conditions of said EMPLOYEE, which conditions will help to:

1. Secure and retain the services of EMPLOYEE and to provide inducement for EMPLOYEE to remain in employment;

2. M
ake possible EMPLOYEE’S full productivity by setting forth the terms and conditions of EMPLOYEE’S employment;

3. S
et forth the process by which either EMPLOYEE or EMPLOYER may terminate this Agreement and EMPLOYEE’S services.

WH
EREAS, EMPLOYEE has agreed to accept employment as the Director of Engineering Services/City Engineer for the City of Ceres.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the EMPLOYER and EMPLOYEE agree as follows:

SECTION I – EMPLOYMENT
EMPLOYEE is employed to serve as the EMPLOYER’ S Director of Engineering Services/City Engineer. EMPLOYEE shall serve as an "at-will employee" at the pleasure of the City Manager, who has the power pursuant to local ordinance to appoint, remove, promote, and demote EMPLOYEE, subject to ratification by the City Council.

EMPLOYEE understands and agrees that the terms of EMPLOYEE’S employment are governed solely by this Agreement. EMPLOYEE further understands and agrees that this Agreement does not confer a property right in EMPLOYEE’S employment or a right of employment for any specified term and that EMPLOYEE is not entitled to due process for any disciplinary action, including termination, under state or federal law or the EMPLOYER’S personnel policies and rules , other than as may be set forth in this Agreement.

EMPLOYEE agrees to devote all of EMPLOYEE’S productive time, ability, and attention to the EMPLOYER’S business to the extent necessary to perform EMPLOYEE’S duties and responsibilities in a manner satisfactory to the City. During the Term of the Agreement, as defined in Section V, EMPLOYEE shall not hold secondary employment or engage in ITEM 18

ATTACHMENT B
2 activities which conflict with, or present the appearance or possibility of conflicting with, the EMPLOYER’S legitimate business interests. As such, EMPLOYEE agrees that EMPLOYEE will notify the City Manager or the City Council in writing if EMPLOYEE accepts secondary employment. The EMPLOYER shall determine whether there is the appearance of or an actual conflict, or potential conflict, with the performance of EMPLOYEE’S duties and/or the best interest of the EMPLOYER . EMPLOYEE has the right to volunteer for such nonprofit organizations as EMPLOYEE may see fit; provided that such volunteer services shall not interfere with EMPLOYEE’ S duties or the business interests of EMPLOYER.

SECTION II - DUTIES
EMPLOYEE shall perform those duties as set forth in the job description attached hereto, with respect to his position of Director of Engineering Services/City Engineer, and such other duties as may be requested from time to time by the City Manager.

Unless otherwise specified in this Agreement, EMPLOYEE shall be bound by all the policies, rules, and regulations of City now in force and effect applicable to EMPLOYEE’S position, and by all such other applicable policies, rules, and regulations as may be hereafter implemented and called to EMPLOYEE’S notice and will faithfully observe and abide by the same. No such policy, rule, or regulation shall alter, modify, or revoke EMPLOYEE’S status as an at-will employee or any other provision of this Agreement.

SECTION III – HOURS OF WORK
It is recognized that the EMPLOYEE’S position is an exempt executive management position which often requires more than a conventional forty (40) hour week to provide the desired level of professional service. It is further recognized that to properly fulfill the duties and responsibilities of the position, EMPLOYEE will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, while EMPLOYEE shall spend sufficient hours on- site to perform the duties of the position, EMPLOYEE has discretion over the work schedule and work location and will not be required to maintain a strict forty (40) hour-per-week on-site presence at City Hall and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate.

SECTION IV-
SALARY
The salary for the EMPLOYEE shall be set at Range J89, Step E ($14,875 per month) of the 7/09/23-6/30/24 City of Ceres Class Titles and Salary Ranges Schedule.

EMPLOYER agrees that EMPLOYEE’S compensation for subsequent fiscal years will be reconsidered as part of the budgetary process for those Fiscal Years. Step increases to be considered consistent with City Personnel Rules on an annual basis. ///
ITEM 18

ATTACHMENT B
3 SECTION V – TERM, TERMINATION AND SEVERANCE PAY
A. Term. The term of this Agreement shall be for three (3) years from the Effective Date set forth in Section VIII (“Term”), unless terminated earlier pursuant to this Section V. The City Manager in his or her sole discretion may extend the Term for one (1) year. No later than three (3) months prior to the expiration of the Term, the City Manager shall provide written notice to EMPLOYEE as to whether the City Manager intends to extend the Term.

This Agreement shall become effective upon its Effective Date; upon the adoption of a resolution of the City Council approving this Agreement.

B. V
oluntary Resignation . EMPLOYEE may resign at any time and agrees to give the City at least thirty (30) calendar days advance written notice of the effective date of EMPLOYEE’S resignation unless the Parties otherwise agree in writing. If EMPLOYEE retires from full-time public service with the City, EMPLOYEE shall provide ninety (90) calendar days advance written notice. EMPLOYEE’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 of resignation or retirement, the City shall pay to EMPLOYEE all salary and benefit amounts accrued and owing under this Agreement.

C. Employer Termination/Severance. EMPLOYER may, with or without cause or prior notice, terminate this Agreement and EMPLOYEE’S employment with the City.

EMPLOYEE shall be provided a written notice setting forth the reasons for such termination. City shall tender EMPLOYEE all wages due and owing, as well as accrued and unused vacation for all hours worked as of EMPLOYEE’S last day of employment, in accordance with standard City practice, federal or state law and this Agreement.

In the event EMPLOYEE’S employment and this Agreement are terminated by the EMPLOYER during such time that EMPLOYEE is willing and able to perform the duties required under this Agreement, EMPLOYER agrees to pay EMPLOYEE a lump sum cash payment (“Severance”) equal to three (3) months’ aggregate salary, increasing by two (2) weeks per each calendar year of Employee’s service in the position of Director of Engineering Services/City Engineer. The total S everance pay will not exceed six (6) months’ aggregate salary in total. For the purpose of this SECTION V, the term “aggregate salary” is defined as the EMPLOYEE’S regular gross monthly salary on the date of termination, less all mandatory statutory withholdings.

Any S everance payable under this Agreement shall be contingent on EMPLOYEE’S signature on a release of all claims in a format satisfactory to the EMPLOYER 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 unexpired term of the contract, not to exceed eighteen (18) months. Additionally, any cash settlement related to the termination of this Agreement received by EMPLOYEE from EMPLOYER shall be fully reimbursed to EMPLOYER if EMPLOYEE is convicted of a crime involving an abuse of office or position while employed by EMPLOYER , pursuant to Government ITEM 18

ATTACHMENT B
4 Code section 53243.2. Any Severance shall be paid in the same manner as other employees unless otherwise agreed to by EMPLOYER and EMPLOYEE.

Notwithstanding the foregoing, in the event EMPLOYEE’S employment is terminated “for cause” EMPLOYER 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 EMPLOYEE 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 EMPLOYEE’S conduct which would constitute the basis for disciplinary action under Rule 13.2 of the City’s Personnel Rules, or any revised or successor rule.

In the event EMPLOYEE is terminated by Employer for misconduct which has been publicly disclosed and could stigmatize EMPLOYEE’S reputation for honesty or morality or impair EMPLOYEE’S ability to earn a living, EMPLOYEE may, within ten (10) calendar days, make a written request for a “name-clearing” hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340, and its progeny) before the City Council. Any such “name -clearing” hearing will be held solely to provide EMPLOYEE an opportunity to clear EMPLOYEE’S name. The City Council may determine whether the allegations in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that EMPLOYEE’S termination was without fault. Such a decision, however, will not require that EMPLOYEE be reinstated.

SECTION VI – F

RINGE BENEFITS AND OTHER TERMS AND CONDITIONS

OF EMPLOYMENT
A. Term Life Insurance

1. EMPLOYEE shall receive an EMPLOYER paid term life insurance policy having a face policy value of Fifty Thousand Dollars ($50,000).

2. The EMPLOYER 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 the EMPLOYER.

B.

Health and Welfare Plan

1. EMPLOYEE must enroll in an available City medical plan unless he opts out.

In order to opt out, the EMPLOYEE must provide the following:
a. Proof that the EMPLOYEE and all individuals for whom EMPLOYEE intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the EMPLOYER’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

ITEM 18

ATTACHMENT B
5 b. EMPLOYEE must sign an attestation that EMPLOYEE and his/her tax family have or will have such minimum essential coverage for the opt out period. EMPLOYEE must provide the attestation every plan year at open enrollment.

2. The EMPLOYER shall contribute the following amounts toward the combined premiums for medical, dental and vision on a semi -monthly basis (24 pay periods). The EMPLOYER’S contribution shall not exceed the actual premiums, or the contribution amounts listed below, whichever is less.

EMPLOYEE shall be responsible for the balance of premiums, if any. a. $355 semi -monthly ($710 monthly) for EMPLOYEE enrolled EMPLOYEE-Only medical coverage.
b. $735 semi-monthly ($1,470 monthly) for EMPLOYEE enrolled in EMPLOYEE + 1 medical coverage.
c. $1,045 semi-monthly ($2,090 monthly) for EMPLOYEE
enrolled in EMPLOYEE + Family (more than one dependent) medical coverage.

3. The City shall pay one hundred percent (100%) of the dental and vision premiums for EMPLOYEE who waives medical coverage.

4. EMPLOYEE who waives medical coverage shall receive $100 semi-monthly ($200 monthly) taxable compensation.

5. The City shall continue a Section 125 program for pre-tax deductions for the EMPLOYEE share of medical, dental and vision insurance premiums.

6. Benefits shall stop at the end of the month when City employment is ended 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 the City to pay, either in money or premiums, any remaining City or EMPLOYEE obligations beyond the month of termination of EMPLOYEE’S employment.

Cash payment for medical waivers will be paid only through the end of the month in which EMPLOYEE’S employment terminated. Such payment will be included in EMPLOYEE’S final pay received from the City.

Any outstanding premiums required to continue benefits through the end of the month of EMPLOYEE’S termination of City employment will be withheld from the final pay received from the City.

The City retains the discretion to select the City plan(s) each year. In the event the City makes changes to the plan selection, EMPLOYEE will receive ITEM 18

ATTACHMENT B
6 advance notice and an opportunity to discuss concerns regarding the changes.

C. S ick Leave & Sick Leave Conversion

1. Sick leave accumulation for EMPLOYEE shall be one day (8 hours) per month for 12 days per year (3.692 hours earned per pay period). Sick le ave accumulation is unlimited.

2. If EMPLOYEE has not taken more than 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, EMPLOYEE shall be entitled to convert up to 24 hours of unused sick leave to pay or leave with pay (1:1 ratio), providing that at no time shall EMPLOYEE’S sick leave balance fall below 192 hours.

3. Accumulated sick leave shall be paid to EMPLOYEE at 50% of the accumulated balance upon retirement from City service at the EMPLOYEE’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, EMPLOYEE’S separation from employment with the City at a time when the EMPLOYEE qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by EMPLOYEE for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of EMPLOYEE to commence receipt of current benefits from the retirement system. Discontinuanc e of paid work for the City under any circumstances other than defined herein, or election by EMPLOYEE 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. The City agrees to implement upon retirement a retiree health savings plan administered by a provider selected by the City.
c. Upon retirement, EMPLOYEE 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.

ITEM 18

ATTACHMENT B
7 D. Vacation & Vacation Conversion

1. In recognition of Employee’s years of experience in city management, EMPLOYEE shall accrue 6.15 hours per pay period ( 20 days). Thereafter, EMPLOYEE shall accrue as follows:

Years of
Continuous Service
Hours Earned Per Pay
Period
Annual
Accumulation
0-5 6.15 hours 20 days
6 Plus 1 additional day per year for
each year over 20 to a
maximum of 25 days per year

2. Maximum vacation accumulation shall be 480 hours. If EMPLOYEE reaches the 480 hours maximum vacation accumulation, he shall not accrue additional vacation hours. Accrual of vacation hours shall resume once the balance is reduced through time off.

3. Pay-out of accumulated vacation hours at separation of service shall be limited to 480 hours.

4. EMPLOYEE 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 the EMPLOYEE irrevocably elects to convert the amount of vacation leave at least twelve (12) months prior to the conversion. Payment will be at EMPLOYEE’S current hourly rate of pay (1:1 ratio).

E. C
onversion of Leave to Deferred Compensation Account

1. EMPLOYEE shall be given the opportunity to convert forty (40) hours per fiscal year of a combination of sick and/or vacation leave to EMPLOYEE’S individual deferred compensation account.

F. Management Leave

1. EMPLOYEE is declared as exempt under Fair Labor Standards Act executive exemption guidelines.

2. EMPLOYEE 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 Manager. ///
ITEM 18

ATTACHMENT B
8 G. Holidays
EMPLOYEE shall receive such paid City holidays as are granted to the Mid- Managers’ Bargaining Group.

H. B ereavement Leave

1. EMPLOYEE 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 domestic partner, parent-in-law, or other “designated person” —as well as a sibling, parent or grandparent of EMPLOYEE’S spouse or registered domestic partner. EMPLOYEE shall be entitled to bereavement leave with pay as follows:
• EMPLOYEE shall be entitled to leave with pay for a maximum of five (5) scheduled workdays in the event of the death of the EMPLOYEE’S spouse, registered domestic partner or children.
• EMPLOYEE shall be entitled to leave with pay for a maximum of three (3) scheduled workdays, in the event of the death of the EMPLOYEE’S parents, siblings or grandchildren.
• EMPLOYEE shall be entitled to leave with pay for a maximum of one (1) scheduled workday in the event of the death of an EMPLOYEE’S brother or sister by marriage or domestic partnership, parents by marriage or domestic partnership, and grandparents of EMPLOYEE or by marriage or domestic partnership.

2. Additional bereavement time may be granted but paid from the EMPLOYEE’S accrued vacation or management leave time upon request from the EMPLOYEE and approval by the City Manager.

3. The EMPLOYER reserves the right to request proof of the death of the deceased and the EMPLOYEE’S relationship to the deceased.

I. R
etirement System and Contribution

1. The EMPLOYER shall provide EMPLOYEE enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.14 commonly known as “2% at 62.”

2. The EMPLOYEE shall pay 100% of the EMPLOYEE’S contribution into the 1937 Act Stanislaus County EMPLOYEE’S Retirement System. Said contribution shall be vested in the EMPLOYEE’S name as permitted under the rules and regulations of the Act.

ITEM 18

ATTACHMENT B
9 J. Professional Development

1. As an incentive for furthering individual , professional and managerial growth by EMPLOYEE, EMPLOYER will annually budget $900.00 for EMPLOYEE in the interest of promoting and supporting EMPLOYEE’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 EMPLOYEE to attend a national or international professional conference associated with or related to the EMPLOYEE’S profession and responsibilities with this 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 software, or other technological equipment may be allowed, provided it is for EMPLOYEE’S individual use and benefit in the course of performing EMPLOYEE’S employment responsibilities and the purchase(s) remain the property of the City.

2. EMPLOYEE shall obtain the City Manager’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 the EMPLOYEE for cash purposes or as additional compensation.

K. A
utomobile Allowance
A vehicle will be provided to EMPLOYEE in lieu of a car allowance. The m ake and model will be approved by City Manager. Vehicle is to be utilized solely for work-related activities, except EMPLOYEE will be permitted to use the vehicle as transport to and from work and EMPLOYEE’S primary place of residence. It is not permissible to use the vehicle for personal use or to transport any non- city personnel. Use is subject to any applicable surcharges in accordance with any and all IRS vehicle use laws.

L. O
ther Voluntary Benefits
Through a Section 125 program and effective with the plan year beginning January 1, 2017, the City shall provide EMPLOYEE a $1,200 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 the EMPLOYEE.

The allowance shall be provided on a semi -monthly basis —$50 over 24 pay periods.

ITEM 18

ATTACHMENT B
10 The City shall continue a Section 125 program for pre -tax deductions for the EMPLOYEE share of other supplemental insurance premiums, and for Flexible Spending Accounts (daycare and unreimbursed Medical expenses) or Health Savings Accounts (HSA).

The City retains the discretion to select the voluntary benefit plans offered to EMPLOYEE. In the event the City makes changes to the plan selection, EMPLOYEE will receive advance notice and an opportunity to discuss concerns regarding the changes.

M. E ducational Incentive
In order to promote highly trained and skilled professionals, the City is willing to provide educational incentive to those individuals who demonstrate their improved education level. Education must be from an accredited college. Should Employee obtain a Master’s degree, EMPLOYEE shall receive an additional pay incentive of twelve percent (12%).

SECTION VII - GENERAL PROVISIONS

1. Modification of Agreement . This Agreement may be supplemented, amended, or modified only by a writing signed by the City and EMPLOYEE and approved by a resolution of the City Council.

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.

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.

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 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.

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.

ITEM 18

ATTACHMENT B
11 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.

7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

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.

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.

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.

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.

SECTION V
III – EFFECTIVE DATE

This Employment Agreement shall be effective on .

[Signature Page to Follow]

ITEM 18

ATTACHMENT B
12 IN WITNESS WHEREOF, this Agreement has been entered into by and between EMPLOYEE and CITY as of the date of the Agreement set forth above.

Dated: Dated:

CITY OF CERES, EMPLOYER

By:

Douglas D. Dunford,
City Manager

Michael Beltran, EMPLOYEE

APPROVED AS TO FORM: ATTEST:

Nubia Goldstein, City Attorney

Fallon Martin, City Clerk (Seal)

ITEM 18