Agenda — Ceres City Council, February 26, 2024

AGENDA
AMENDMENT #1
Dated: February 22, 2024

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, February 26, 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)
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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 26, 2024

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INVOCATION

Invocation by Jim Stochl, Harvest Presbyterian Church

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

None

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 no t 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 26, 2024 City Coun cil Meeting was Posted on Wednesday, February 21, 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. Register of Audited Demand(s) Dated January 31, 2024 through February 8, 2024. (Esenwein)

4. General Correspondence – Information Only
a. Public Works Monthly Report for January 2024 (Royal)

AGENDA
Regular City Council Meeting
February 26, 2024

Page 3 ends

5. Resolution No. 2024 -XXX, Approving Project Agreement #7 with GDR Engineering, Inc. to Provide Professional Engineering Services and Construction Support Services for the Smyrna Park Improvement Project and Authorizing the City Manager to Execute the Agreement. (Royal)

6. Resolution No. 2024 -XXX, Accepting River Bluff Pump Station Project as Complete, Approving the Balance Contract Change Order, Authorizing the Filing of the Notice of Completion , and Releasing the Remaining Retention to the Contractor. (Royal)

7. Resolution No. 2024 -XXX, Approving Amendment No. 1 with Black Water Consulting Engineers for the River Bluff Reservoir and Pump Station Project, Authorizing a Budget Amendment to Allocate Funds, and Authorizing the City Manager to Execute the Amendment. (Royal)

8. Resolution No. 2024-XXX, Approving an Agreement with Don Pedro Pump Co. for Well Rehabilitation at Wells 23 and 25 and Authorizing the City Manager to Execute the Agreement. (Royal)

9. Resolution No. 2024 -XXX, Approving the Subdivision Improvement Agreement and Recordation of the Parcel Map for Ceres 18, LLC. (City Manager)

10. Resolution No. 2024-XXX, Accepting the 2022 Pavement Resurfacing Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion and Releasing the Remaining Retention to the Contractor. (Royal)

11. Resolution No. 2024 -XXX, Council Concurrence of Mayor Lopez’s Recommendation to Appoint the Chief of Police as a City of Ceres Representative on the Modesto-Ceres Fire Protection Agency JPA Oversight Committee. (Perry)

12. Resolution No. 2024 -XXX, Approving a Letter of Support from the Ceres City Council to Present to Capital Advocacy Partners for a Community Project at the Veteran of Foreign Wars/American Legion Hall. (City Manager)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

None

AGENDA
Regular City Council Meeting
February 26, 2024

Page 4 ends

NEW BUSINESS

None

DISCUSSION ITEMS

13. Discussion Regarding Ceres Municipal Code Title 5, Business Licenses and Regulations, Chapter 18 Garage Sales. (City Manager)

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

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

• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

None

REPORT FROM CLOSED SESSION

None

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on March 11, 2024 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

AGENDA
Regular City Council Meeting
February 26, 2024

Page 5 ends

Council Agenda:

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

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538 - 5731.

Notice regarding Americans with Disabilities Act:

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

AFFIDAVIT OF POSTING
I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Thursday, February 22, 2024, at the following locations in Ceres:
• Community Center Display Case – 2701 Fourth Street
__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

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ITEM 3

COUNCIL AGENDA REPORT

Information only, no action required.

I. BACKGROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of January 2024.

FACILITY SERVICES:
• Completed 141 Facilities Maintenance work orders including: 107 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 34 preventive maintenance services.
• Assisted Cen Cal to remove and install a new UPS system to support Dispatch and the 9 -1-1 emergency communication systems at the Public Safety Building.

Project took one week to complete.
• Replaced the residential dryer at FS 18 with a new commercial rated dryer. • Completed the annual preventative maintenance at the CCC. Which included painting the large and small assembly rooms, repainted the classroom, meeting room and hallway on the second floor , and r eplaced several light fixtures and bulbs.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

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

FLEET SERVICES:

Completed 105 work orders.

ITEM 4
Fleet, Department 20
• Received new Public Works Ford F150 Lightening-Electric

Fire, Department 15
• N/A

Police, Department 10
• Repaired police portable message board from accident
• Fleet installed new LPR system in patrol unit #102
• Two police Harleys received new tires and services
• SRO vehicle 2016 Explorer unit 118 suffered non repairable engine failure. ▪ Fleet will swap engine from out of service vehicle 106 Explorer for repair of unit 118
• Remove transmission from unit 216 F150 code enforcement for warranty repair work & reinstall.
• (2) Patrol Explorers are at dealership for warranty repairs

Streets, Dept. 30
• Streets and fleet took part in demo of all electric “Ravo” street sweeper

Water, Department 35
• Call out flat tire

Parks, Department 40
• N/A

Wastewater, Department 25
• Field repair hydraulic leak on John Deere tractor

Facilities, Department 41
• N/A

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

LANDSCAPE MAINTENANCE:

Completed a total of 267 service requests in the following categories:
• Bike Path Repairs: 0
• City Grounds Maintenance: 21
• Park Landscape and Maintenance: 206
• 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: 13
• Right of Way (ROW) Irrigation Repairs: 3 sprinklers
• Park Trees: 18 Trimmed
ITEM 4
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 6 • Total Graffiti Vandalism & Repair cost is $2,569.00 for the month of January.

Parks sprinklers repaired or replaced:
• Barry Grove – 0
• Costa Fields – 0
• Don Pedro – 2 maintenance
• Independence – 2 vandalisms
• Dog Park – 0
• Neel Park – 0
• Persephone – 2 maintenance
• Redwood – 0
• River Bluff – 18 maintenances
• Riverview – 0
• Roeding Heights – 0
• Sam Ryno – 3 maintenance
• Smyrna – 0
• Strawberry – 0
• Whitmore – 0

Parks General Maintenance/Repairs:
• Graffiti removal at Sam Ryno (1), Strawberry (2), River Bluff (2), Roeding (1), Ochoa (1) Persephone (1), Smyrna (3), Don Pedro (1), and Independence Park (1)
• Repaired and updated marquee sign on Mitchell Road Electric pole ran over at river road No power to Marquee

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 98% completed. • Grid # 1 2023 – 2024 Started in October 2023 67% completed. • Grid #5 a total of 7,719 trees still unpruned
• Pending: 227 High Risk, 28 Removals and 96 inspect for Trims

Grounds
Rights of Way (ROWs):
• Faith Home Rd: pending water staff to schedule backflow install. • River Road: backflow replacement scheduled for next month . Currently water is shut off at River and Canyon Falls.
• All ROW irrigation controllers are off for winter season.

Parks
Sam Ryno:
• Repairing swing set, temporary fix for now. Waiting on parts for repair pending delivery.
• Parts for Spinning chair and Rocking cycle are delivered and in process of assembly.

Smyrna Park:

ITEM 4
• Construction for park improvement ongoing.
• Replaced 1 broken valves and 1 mainline break caused by park construction. • Repaired fence to Park yard due to vandalism
• Added large gates to park yard to allow for fabric when built by contractor.

Roeding Park:
• Repaired gate to irrigation well
Neel Park:
• Repaired spinner and changed bolts on steps in playground.

Independence Park:
• Replaced gate to irrigation well due to vandalism.

Riverview Park:
• Playground 2 -5 climbing ladder damaged by vandalism parts ordered for replacement.

River Bluff Park:
• Playground area - replaced 2 sprinklers due to vandalism. • Added tables and concrete trash cans to fields and lower Bluff area.

Guillermo Ochoa Park:
• Brush and chips being removed from eastside of park for prep work on upcoming construction.
• Playground exercise Equipment vandalized, and two slides' parts ordered for replacement.

Lions Park:
• No report, park to be disked in February weather permitting.

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:

The Leaf & Limb collection program ended on January 9th. • Highlights of solid waste and recycling collection by Bertolotti for January 2024

▪ Residential…………………….… 1196.39 tons
▪ Illegal dump/litter abate (code enforcement) 9.35 tons, 117 locations ▪ Illegal dump (Bertolotti) ………. .9 tons, 2 locations ▪ Bulky items…………………….… 27.38 tons, 112 locations
▪ Leaf/limb …...…………….… 134.48 tons
▪ Street Sweep………………….… 23.76 tons
▪ Residential Organics…………… 390.77 tons
▪ Commercial Organics…………. 258.71 tons
▪ Residential Recycle………….… 237.68 tons
▪ Commercial Recycle …………… 5.64 tons
▪ C&D (Construction/Demolition Debris) 0 tons ▪ Used oil…………………………… 485 gallons
▪ Used oil filter……………...……… 70

• There were 2 garbage cart storage violation notices issued in January. • There were 64 organic cart contamination violations issued in January.

ITEM 4
• The City of Ceres Free Community Disposal Day was held on Saturday, February 3rd, 2024 at the River Bluff Regional Park from 8am to 11:45pm. A total of 580 vehicles disposed of large items and appliances for free at the event. E -waste collected totaled; 4,215lbs. of CRTs, 247lbs. of computer towers, 4,208lbs. of flat screen TV’s, 625lbs. of printers, 282lbs. of computer monitors, and 5,298lbs. of miscellaneous E -waste. There were 249 mattresses and (preliminary estimate) approximately 900 waste tires dis posed of as well.

This event was funded by the Caltrans Clean California Grant in partnership with the California Conservation Corps and the Mattress Recycling Council. • 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.

Below is a summary of the solid waste collection totals for the 2023 year. ▪ Residential…………………….… 13,994.97 tons
▪ Illegal dump/litter abate (code enforcement) 360.36 tons, 1657 locations ▪ Illegal dump (Bertolotti) ………. 29.57 tons, 124 locations ▪ Bulky items…………………….… 417.82 tons, 1376 locations ▪ Leaf/limb …...…………….… 860.02 tons
▪ Street Sweep………………….… 536.08 tons
▪ Residential Organics…………… 6,429.41 tons
▪ Commercial Organics…………. 3,777 tons
▪ Residential Recycle………….… 2210.45 tons
▪ Commercial Recycle …………… 75.32 tons
▪ C&D (Construction/Demolition Debris) 81.95 tons
▪ Used oil…………………………… 6,568 gallons
▪ Used oil filter……………...……… 731

• There was a total of 45 cart storage violations issued in 2023. • There were 1,736 cart contamination violations issued in 2023. • There were 30 Leaf & Limb violations issued (during seasonal collection) in 2023.

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

STREETS SERVICES:
• Staff responded to a total of 103 customer service requests. • Responded to 210 Underground Service Alerts (USA) markings. • Repaired 25 streetlights.
• Flushed 7,566 feet of storm drain pipeline.
• Cleaned 5 French Drains
• Cleaned 14 Dry Wells
• Cleaned 30 DI’s
• Cleaned 4 storm lift stations.
• Replaced overloads electrical power at 3100 Whitmore Storm Lift Station • Replaced 3 floats at Farm Labor Storm Lift Station
• Repaired 2 bridge columns at Hatch and Faith Home
• Repaired damaged guard rail at Service and Moore due to vehicle accident. • Completed installation of LPR cameras
• Replaced street light pedestal due to vehicle accident.

ITEM 4
• Removed Christmas decorations.
• Removed Christmas Tree Lane signs and temporary crosswalk. • Central and Glenda installed rapid flashing beacons and signs at school crosswalk. • Assisted the water division with vacuum truck on 5 water leaks.

City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, (5) Streets Maintenance Operators, one (1) Street Sweeper Operator (2) part time Streets/Code Enforcement Maintenance workers and (1) part time Maintenance worker. 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 10 customer service requests and 33 sewer problems, during working hours and after hours.
• Staff responded to 5 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• There were (0) SSOs in December which resulted in 0 gallons spilled and recovered.
• Serviced or Repaired:
o Lift Stations – 8
o WWTP Equipment – 23
o Main line sewer plugs – 2
o Aerators – 1
• 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 26,142 feet of sewer main line.
• Staff CCTV inspected 1060 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 Confined Space Entry, and Collections System Operation.
• Staff assisted Water Department with troubleshooting Well 38 pressure/communications issue.
• Staff assisted Streets/Storms Department with storm water remediation on flooded roads.
• Staff assisted Parks Department with bark/mulch removal at Ochoa Park. • Staff assisted Parkson with headworks screening unit upgrades. • All WWTP flow meters were calibrated.
• All Wastewater backup generators were serviced.
• Staff completed cleaning sewer trouble spots. This is done every 3 months to prevent sewer issues in areas that have sewer problems.

ITEM 4
• Staff checked & marked 220 USA tickets, which took 32 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer use charges $83,110.62 for the month of December. • Modesto sewer use charge for the month of December has not been submitted by City of Modesto.
• Biochemical Oxygen Demand (BOD) 161 mg/L
• Treated and disposed of 75.28 MG of wastewater with an average of 2.44 MGD.

Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, 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
• January 2024 well production was 28.274 million gallons • Average water use for January was 0.912 million gallons per day • Water staff responded to 39 customer service requests • Water staff responded to 78 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,859
o Meters/radios serviced: 96
o Meters replaced: 30
o Meters upgraded from ¾”, 5/8” to 1”: 5
o New meter installations: 5
o Meters tested for accuracy: 38
• Total valves in water distribution system: 4,402 of which 172 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 continues Acceptance Testing for new source water (Surface water)

Water Conservation, Department 36
January 2024 calculated residential gallons used per person per day: 51.48 • Annual average is 81.94 gallons per person per day.
• Responded to 30 water conservation service requests - increase is due to Water Conservation Officer position being filled. A large portion of this position is to deliver courtesy leak notifications. Many residents call to request assistance in finding their leaks when they receive one of these courtesy notices. • Water portal has 249 residents registered.
• Issued courtesy notifications: 86
• Performed 0 water audits.

ITEM 4
• Delivered 2 water waste warnings, issued 0 water waste fines, issued 245 excess consumption fines.
• Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 3, Washing Machine: 0, and Turf Replacements: 0
Total Rebates YTD: 34
The graph below shows our (well) production numbers for 2020 in blue compared to 2024 in purple (only a dot for January) with the water reduction target of 15% in red. For January 2024, we had a decrease of 83.91% from the January 2020 production numbers. This reduction is largely due to the introduction of surface water into the distribution system.

Beginning next month (February 2024), surface water usage will be included in the production numbers to better reflect water conservation efforts and accurately depict the reduction of water use overall.

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, two (2) Field Service Technicians, and one (1) Water Conservation Officer.

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

COUNCIL AGENDA REPORT

Resolution No. 202 4-XXX, Approving Project Agreement #7 with GDR Engineering, Inc. to Provide Professional Engineering Services and Construction Support Services for the Smyrna Park Improvement Project and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council authorize the City Manager to e xecute Project Agreement #7 with GDR Engineering , Inc. to provide professional engineering services & construction management services associated with the Smyrna Park Project in a not to exceed the amount of $115,305.00.

I. BACKGROUND:

A construction manager provides the direct, day -to-day link between the contractor and the City. The construction manager ensures the project is constructed in accordance with the approved plans, records daily construction activities, monitors daily construction progress, administers and evaluates pay requests and changes in work, and works directly with the contractor and project manager to resolve disputes.

The Smyrna Park Improvement Project) is an approved project in the fiscal year 20 23- 2024 Capital Improvement Plan (CIP). Its scope of work includes numerous construction elements, including excavation, pavement, shade structure, new curb/gutter alignments, concrete sidewalk installation, park lighting installation, and streetscape/landscape enhancements.

The Clean California Grants, along with the local American Rescue Plan Act, fund the Smyrna Park Project . This project approach results in extra project cost monitoring, project administration, and construction oversight that the construction manager will need to manage during project construction. Since the project disturbance size is greater than ITEM 5
one acre, the project must adhere to the Storm Water Pollution Prevention Plan.

Inspections will need to be performed under a Qualified SWPPP Practitioner (QSP).

II. REASONS FOR RECOMMENDATION :

The recent vacancy of the Director of Engineering/ City Engineer position has created a void in staffing resources and immediate need to support the Smyrna Park Project which is currently under construction. GDR Engineering currently has a Master On- call agreement with the City, which provides Civil Engineering Services. Due to the immediate need for professional construction inspection and QSP (Qualified Storm Practitioner) for currently active projects, GDR was able to promptly provide these services.

GDR Engineering’s has the staffing and resources to meet best the needs of the City on construction inspection and management for the Smyrna Park Project. Furthermore, GDR Engineering, Inc. has extensive experience in managing Federal, State, and grant-funded projects, and they are well-versed in the project requirements set forth by Caltrans for the Smyrna Park P roject. Due to the immediate need, the City only reached out to GDR Engineering Inc. to provide a proposal as they are the best qualified to perform these services.

III. FISCAL IMPACTS:

This contracted amount for the proposed s ervices will be paid out of a previously approved Budget Amendment to add ARPA Project under Resolution No. 2023-107; account number 21995.800500 in the amount of $115,305.00, which will fully fund the agreement.

IV. EXISTING POLICY / RELATIONSHIP TO 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.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. ST EPS F OLLOWING APPROVAL:

Following approval of this item, the City Manager will execute Project Agreement #7 with GDR Engineering, Inc.

ITEM 5

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – GDR Project Agreement #7

ITEM 5
ITEM 5
RES
OLUTION NO. 2024-XXX
AP
PROVING PROJECT AGREEMENT #7 WITH GDR ENGINEERING, INC. TO

PROVIDE PROFESSIONAL ENGINEERING SERVICES AND

CONSTRUCTION SUPPORT SERVICES FOR THE SMYRNA PARK

IMPROVEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, GDR Engineering, Inc. currently holds a standing on- call agreement with the City for engineering services; and
W
HEREAS, the Smyrna Park Project disturbs an area greater than one acre, SWPPP (Storm Water Pollution Prevention Plan) and QSP (Qualified Storm Practitioner) services are needed for the project; and
W
HEREAS, the construction manager ensures the project is constructed in accordance with the approved plans, records daily construction activities, monitors daily construction progress, administers & evaluates pay requests and changes in work; and W
HEREAS, a proposal for th e engineering services and construction management service was received from GDR Engineering Inc. , not to exceed in the amount of $115,305.00, and
W
HEREAS, this contracted amount will be paid out of a previously approved Budget Amendment to add ARPA Project under Resolution No. 2023- 107; account number 21995.800500 in the amount of $115,305.00, which will fully fund the agreement.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve project agreement #7 with GDR Engineering, Inc. to provide professional engineering services and construction support services for the Smyrna Park Improvement Project 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 26th 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 5

ATTACHMENT A
ITEM 5
PROJECT AGREEMENT NO. 7

BETWEEN CITY OF CERES AND
GDR ENGINEERING INC.

Page 1 ends

Consultant – Professional Consultant (2023-24)
PROJECT AGREEMENT No. #7

TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR NON-FEDERAL PROJECTS: Civil Engineering
Providing: Professional Engineering Services & Construction Management Services expressed in Exhibit A
City of Ceres Engineering Services
This Project Agreement is made this 29th day of January 2024, by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and GDR Engineering INC., a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.

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

B. City seeks to hire an independent contractor to perform civil engineering consultant services to assist the City with the Professional Engineering Services & Construction Management Services, (the “Service”).

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

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

ITEM 5

ATTACHMENT B

PROJECT AGREEMENT NO. 7

BETWEEN CITY OF CERES AND
GDR ENGINEERING INC.

Page 2 ends

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

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

AGREEMENT

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

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

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

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

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

Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Compensation Schedule. City’s total compensation to Consultant shall not exceed ($115,305.00) (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.

Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice ITEM 5

PROJECT AGREEMENT NO. 7

BETWEEN CITY OF CERES AND
GDR ENGINEERING INC.

Page 3 ends

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

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

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

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

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

Exhibit Designation Exhibit Title
Exhibit A: Scope of Services

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

PROJECT AGREEMENT NO. 7

BETWEEN CITY OF CERES AND
GDR ENGINEERING INC.

Page 4 ends

a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

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

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

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

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

If to Consultant: GDR ENGINEERING INC.
3525 Mitchell Road
Ceres, California, 95307
Attention: Jason Chapman, P.E.

Tel: (209) 538-3360
[email protected]

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

Section 14. General Provisions

14.1. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver ITEM 5

PROJECT AGREEMENT NO. 7

BETWEEN CITY OF CERES AND
GDR ENGINEERING INC.

Page 5 ends

of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

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

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

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

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

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

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

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

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

ITEM 5

PROJECT AGREEMENT NO. 7

BETWEEN CITY OF CERES AND
GDR ENGINEERING INC.

Page 6 ends

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

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

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE.]

ITEM 5

PROJECT AGREEMENT NO. 7

BETWEEN CITY OF CERES AND
GDR ENGINEERING INC.

Page 7 ends

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

Dated: ______________________, 2024

CITY OF CERES, a municipal corporation

By_______________________________
Signature

Douglas D. Dunford, City Manager
Name and Title

CONSULTANT

By_______________________________
Signature

Jason Chapman P.E., Principal
Name and Title

APPROVED AS TO FORM

__________________________________
Nubia I. Goldstein, City Attorney

ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5
ITEM 5

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 26, 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, Accepting River Bluff Pump Station Project as Complete, Approving the Balance Contract Change Order, Authorizing the Filing of the Notice of Completion, and Releasing the Remaining Retention to the Contractor
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a resolution accepting River Bluff Pump Station Project as complete, approving the balancing contract changer order, authorizing the filing of the notice of completion, and authorizing releasing the remaining retention to the contractor.

I. BACKGROUND:

The Project was awarded to Garney Pacific Inc., at the May 24th, 20 21, City Council meeting. The scope of the improvements consists of grading, excavating, constructing a 3-million-gallon prestressed reinforced concrete reservoir, pump station, controls building, generator, up to 30 -inch diameter welded steel piping, 18 -inch pipe in Hatch Road, valves, vaults, asphalt pavement, and concrete work.

The project was accepted as partially complete on October 9, 2023 , under Resolution 2023-131, A pproving Partial Retainage Release . The contractor has completed the remaining punch list items, and the City has been accepting the surface water supply since November 2023.

II. REASONS FOR RECOMMENDATION:

All work has been substantially completed since December 18th, 2023, and has been completed in accordance with the contract, plans, specifications, and to the satisfaction of the City.

ITEM 6
III. FISCAL IMPACTS:

The construction authorization included a base bid amount of $9,989,675.00 and a 10% contingency of $998,967.00. Final construction costs came in at $10,544,723.13, which used up 5.6% of the project contingency.

Funds are available in account number 52795.800500 (Water Enterprise 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 Water Department will provide ongoing maintenance.

VIII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

This project was environmentally cleared and approved through the Environmental Impact Report for the SRWA Regional Water Supply Project.

IX. STEPS FOLLOWING APPROVAL:

Following the acceptance of the improvements, the Notice of Completion will be filed, and the remaining retention balance will be released.

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 6
RES
OLUTION NO. 2024-XXX
ACCE

PTING RIVER BLUFF PUMP STATION PROJECT AS

COMPLETE, APPROVING THE BALANCE CONTRACT CHANGE

ORDER, AUTHORIZING THE FILING OF THE NOTICE OF

COMPLETION, AND RELEASING THE REMAINING RETENTION TO

THE CONTRACTOR
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the contract for the River Bluff Pump Station Project was awarded to Garney Pacific Inc.; and
W
HEREAS, all work has been substantially completed since December 18th, 2023, and has been completed in accordance with the contract, plans, specifications, and to the satisfaction of the City; and
WHEREAS, the Public Works Director has recommended that this project be accepted as complete and that Garney Pacific , Inc., be paid all sums due under the contract; and
W
HEREAS, the final contract amount is $10,544,723.13 with Garney Pacific Inc. and the funds to cover the final payment and retention funds are available in account number 52795.800500; and
W
HEREAS, the contractor be paid all sums due under the contract after filing of the Notice of Completion; and
W
HEREAS, it appears that the sums due under the contract are reasonable.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept River Bluff Pump Station Project as complete, approves the balance contract change order, authorizes the filing of the notice of completion, and releases the remaining retention to the contractor.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26th 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 6

ATTACHMENT A
ITEM 6
RECORDING REQUESTED BY:

CITY OF CERES
W
hen recorded mail to:

Name: City of Ceres
Fallon Martin
2220 Magnolia St SPACE ABOVE THIS LINE RESERVED
Ceres, CA 95307 FOR RECORDER’S USE ONLY
N

OTICE OF COMPLETION
NO
TICE IS HEREBY GIVEN:

1. On Ma
y 24, 20 21, the City of Ceres , a Municipal Corporation in the County of Stanislaus, State of California, accepted the bid from Garney Pacific Inc., for the construction of the River Bluff Pump Station 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 26th day of February 2024.

B
y: _______________________________
Fallon Martin, City Clerk
City of Ceres
V

ERIFICATION
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 Califo rnia on this 26th day of February 2024.

B
y: ________________________________________,
Fallon Martin, City Clerk
ITEM 6

ATTACHMENT B
ITEM 6
ITEM 6

ATTACHMENT C
ITEM 6

COUNCIL AGENDA REPORT

Resolution No. 2024-XXX, Approving Amendment No. 1 with Black Water Consulting Engineers for the River Bluff Reservoir and Pump Station Project, Authorizing a Budget Amendment to Allocate Funds, and Authorizing the City Manager to Execute the Amendment
RECOMMENDED COUNCIL ACTION:

Staff recommends th at City Council to approve Project Amendment No.1 to the construction support services contract with Black Water Consulting Engineers for the River Bluff Reservoir and Pumping Station project , authorize a budget amendment , and authorize the City Manager to execute the amendment.

I. BACKGROUND:

On June 29, 2021, an On-Call Master Agreement was awarded to Black Water Consulting Engineers to provide engineering & construction support services for the three-million- gallon water storage tank project at River Bluff Regional Park . Engineering support services included construction plan review, submittal approvals, responding to request s for information (RFI’s), weekly field meetings, project oversight and coordination between the city water tank project and Stanislaus Regional Water Authority (SRWA) treatment plant improvements.

II. REASONS FOR RECOMMENDATION:

The SRWA treatment plant project completion date was extended several months until November 2023 due to major lead items on equipment, impacting surface water delivery to the City of Ceres, and project completion. The delay caused the River Bluff Reservoir and Pumping Station project from initiating start-up activities on schedule , resulting in additional construction support services provided by Black Water Consulting to oversee punch-list, including finalizing the project as complete and delivering record drawings to the city.

ITEM 7
III. FISCAL IMPACTS:

The construction support services provided by Black Water Consulting Engineers for the River Bluff Reservoir and Pumping Station Project were included in FY21/22 in account number 52795.132600, in the amount of $88,102.00. In February 2022, a contract change order in an amount of $36,000.00 was approved for increased project scope and additional services.

Due to lead item delays of the SRWA treatment plant improvement and additional construction support services provided, Black Water Consulting Engineers submitted a proposed task amendment CO3.2 to complete the project. A budget amendment in an amount of $47,428.62 is required to cover this task including all outstanding invoices, finalizing the project, provid ing as-built drawings and a credit to offset cost associated with project contract change orders . This brings the total appropriation amount to $171,530.62.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

City Council can choose to direct staff to reject the amendment and re-direct staff on the desired approach.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department and Engineering.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS 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
Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Project Amendment No.1
ITEM 7
R
ESOLUTION NO. 2024-XXX
AP
PROVING AMENDMENT NO. 1 WITH BLACK WATER

CONSULTING ENGINEERS FOR THE RIVER BLUFF RESERVOIR AND

PUMP STATION PROJECT, 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, Black water Consulting Engineers provided construction support services for River Bluff Reservoir & Pump Station Project; and W
HEREAS, SRWA treatment plant project completion date was extended several months until November 2023 due to major lead items for equipment, impact ing surface water delivery to the City of Ceres and project completion; and W
HEREAS, the delay caused the River Bluff Reservoir and Pumping Station project from initiating start-up activities on schedule, resulting in additional construction support services provided by Black Water Consulting to oversee punch- list items, including finalizing the project as complete and delivering record drawings to the city; and W
HEREAS, proposed task amendment CO3.2 was received from Black Water Consulting Engineers, in the amount of $47,428.62 to complete the project; and W
HEREAS, a budget amendment is necessary to complete the project, funding will be appropriated into the account number 52795.132600 in the amount of $47,428.62.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve Amendment No. 1 with Black Water Consulting Engineers for the River Bluff Reservoir and Pump Station Project, 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.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26th 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 7

ATTACHMENT A
ITEM 7
Budget Amendment No.

Fiscal Year 2023 - 2024
Reference Resolution No. 2024-xxx, dated February 26, 2024 authorizing appropriations for professional services contract with Black Water Consulting Engineers for the River Bluff Reservoir and Pumping Station Project
Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
River Bluff Tank
Design/Enviro
527 95 132600 $47,428.62
Requested Appropriation $47,428.62
2021 - 2022 Current Appropriation $124,102.00
Total Appropriation $171,530.62
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 7

ATTACHMENT B
ITEM 7
PROJECT AMENDMENT NO. 1
TO

THE AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

BETWEEN THE CITY OF CERES AND BLACK WATER CONSULTING ENGINEERS,

FOR RIVER BLUFF RESERVIOR AND PUMPING STATION PROJECT
T
his Amendment No. 1 to the Agreement for Professional Consultant Services with Black Water Consulting Engineers dated January 30, 2024, is made by and between the City of Ceres, a municipal corporation, "CITY", and Black Water Consulting engineers "CONSULTANT", and collectively referred to as the "PARTIES".

RE
CITALS
A.

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

CONSULTANT SERVICES FOR RIVER BLUFF RESERVIOR & PUMPING STATION PR
OJECT, executed on June 29, 2021 (Existing Project Master Agreement).

B. Th
e parties wish to provide additional construction support services due to delays caused by S
RWA treatment plant and surface water delivery.

C. The total compensation due under the terms of existing P roject Master Agreement an amount of $88,102.00, approved Project Change Order No.1 an amount of $36,000.00 and Project Amendment No. 1 an amount of $47,428.62, for a combined total amount of $171,530.62.

S
ee Attachment B for Budget Amendment.

N
OW THEREFORE the PARTIES agree as follows:

1. The "Scope of Services" contained in the Project A greement, together with Amendment No. 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 Master Agreement executed June 29, 2021, shall remain in full force and effect. If any provi
sions of the Project Master Agreement executed June 29, 2021, 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 s
ervice.

ITEM 7
IN WITNESS WHEREOF, the parties have executed this PROJECT AMENDMENT NO.1 TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH BLACK WATER CONSULTING ENGINEERS 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

Jeff Black, President
_________________________________
Name and Title

APPROVED AS TO FORM

Nubia I. Goldstein
__________________________________

CITY ATTORNEY

ITEM 7
J18221 River Bluff R
eservoir and Pumping Station
Ceres, CA
ESDC Task Am
endment CO3.2
1/30/2024
Additional services provided by Black Water Consulting Engineers, Inc for the River Bluff Reservoir, Pump Station , and Pipeline Project
Task CO3.2 C
onstruction Support Services
This A
mendment provides for engineering services during construction (ESDC) including unpaid invoices totalling $38,765.62 (statement attached), and projected engineering services to finalize the project and deliver record drawings to the City.

Cost:
$51,003.62
City sta
ff has requested that the Consultant include a credit to offset costs associated with contract change orders during the construction phase of the project. Change orders resulting from errors or omissions in the design relating components of the project that are necessary to the performance of the system, but were not addressed in the design are estimated here. A credit for the design fees and ESDC to address and resolve the issues:

Cred
it: ($3,575)
Task A
mendment CO3.2 Total: $47,428.62
Agreed to and accepted by:

City of Ceres Black Water Consulting Engineers Inc.

Client Consultant
Signature Jeff Black, P.E. Signature
01/30/2024
Date Date

EXHIBIT A
ITEM 7
Statement
Printed on: 1/30/2024

Page 1 of 1 ends

Black Water Consulting Engineers
602 Lyell Drive
Modesto, CA 95356-
Tel: 209-322-1820 Fax: 209-222-4088
www.blackwater-eng.com
Sam Royal
City of Ceres
2220 Magnolia Street
Ceres, CA 95307-
USA
Project ID - Name: J18221: - Ceres River Bluff Reservoir and Pump Station Invoice Number Invoice Date Bill Amount
Last Pay DateAmount Paid Invoice Balance
12/14/20225660 $9,853.68 $0.00 $9,853.68
1/16/20235745 $7,802.34 $0.00 $7,802.34
2/7/20235803 $6,679.80 $0.00 $6,679.80
3/7/20235862 $2,302.50 $0.00 $2,302.50
4/11/20235956 $4,563.30 $0.00 $4,563.30
5/11/20236017 $4,048.50 $0.00 $4,048.50
6/12/20236117 $632.00 $0.00 $632.00
7/3/20236129 $2,883.50 $0.00 $2,883.50
$38,765.62J18221: Balance:

ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 26, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT: Resolution No. 202 4-XXX, Approving a n Agreement with Don Pedro Pump Co. for Well Rehabilitation at Wells 23 and 25 and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve an agreement with Don Pedro Pump Co. for well rehabilitation at Wells 23 and 25 in order to meet offset water requirements as agreed to in the Water Sales Agreement between the Stanislaus Regional Water Authority (SRWA) and Turlock Irrigation District (TID).

I. BACKGROUND:

The SRWA is a Joint Powers Authority (JPA), which includes the California Cities of Ceres and Turlock (Cities). The City of Ceres relies on groundwater as the only source for drinking water supply. Reliance on groundwater as a single source of supply is no t sustainable and has become less reliable due to both the decline in water quality and the increasing number of regulated contaminants. For this reason, the SRWA has been building a surface water treatment plant to diversify the water portfolio and create a sustainable water supply for current and future growth in both Cities.

In partnership with Turlock Irrigation District (TID), SRWA has identified the Tuolumne River as a surface water supply that can be used in conjunction with groundwater to provide a long-term, reliable drinking water supply for both Cities. The project to divert, treat, and deliver drinking water to the Cities is known as the Regional Surface Water Supply Project (Project). This Project provides a diversified regional water supply, allows for drought water management, improves water quality, and helps to replenish groundwater supplies.

On November 13, 2023, the new supply of treated surface water began its deliveries into the City’s water distribution system. Currently, approximately 80% of our supply is of the newly treated surface water. The project to date has exceeded all expectations.

ITEM 8
On July 28, 2015, the SRWA board approved a Water Sales Agreement with TID. In that agreement, the City agrees to supply TID with offset water. The purpose of offset water is to offset the increased demand placed by the Project on TID water supplies to its existing agriculture customers. In a year where the TID Board adopts a reduced amo unt of water to be delivered to its agricultural customers, the SRWA is required under this agreement to deliver water to TID through its canal system. Each City has a responsibility to meet these demands dependent upon the water order delivery schedule for the year.

These waters are to be delivered to TID during its irrigation season. It is estimated with the City’s water order schedule for the next three (3) years, a maximum flow rate of 2,582 gallons per minute will be required to be delivered to the TID canal during its irrigation seasons.

As of today, the City operates three (3) wells that are designated to meet these demands.

Currently there is a combined total flow rate of 3,150 GPM of which we exceed the max demand by 20%. Well 23 located at 2607 Hatch Road and Well 25 located at 1501 Boothe Road, are two of these wells. Well 23 is currently offline due to a serious rust issue within the well, while Well 25 is currently offline due to nitrate concentration . These circumstances mean the wells need to be rehabilitated to meet water standards to offset to the TID canal. With the upgrade to Wells 23 and 25, we will be able to exceed our max demand by 35% giving staff the flexibility to take a well offline for a short t ime if repairs are needed.

II. REASONS FOR RECOMMENDATION:

To ensure the City’s ability to consistently produce water to TID’s canal system to meet the requirements of the Water Sales Agreement. This project will increase water supplies from both wells.

III. FISCAL IMPACTS:

A total amount of $ 97,208.66 is required to rehabilitate Wells 23 and 25. Funding is available in fiscal year 2023/24 account number 52735.029900 for Well Rehabilitation.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

Should Council decide not to approve this agreement, the City will not be able to meet its offset water demands per the Water Sales Agreement with TID, and the delivery of treated surface water will be stopped at that time.

VI. INTERDEPARTMENTAL COORDINATION:

N/A

ITEM 8
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval, the City Manager shall execute the agreement.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

3. Attachment C – Water Sales Agreement between TID and SRWA ITEM 8
ITEM 8

ATTACHMENT A
RESOLUTION NO. 2024-XXX
APPROVING AN AGREEMENT WITH DON PEDRO PUMP CO. FOR WELL REHABILITATION AT WELLS 23 AND 25 AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres
WHEREAS, the Stanislaus Regional Water Authority (SRWA) is a Joint Powers Authority (JPA), which includes the California Cities of Ceres and Turlock; and WHEREAS, in partnership with Turlock Irrigation District (TID), SRWA has identified the Tuolumne River as a surface water supply that can be used in conjunction with groundwater to provide a long-term, reliable drinking water supply for both Cities; and WHEREAS, on November 13, 2023, the new supply of treated surface water began its deliveries into the City’s water distribution system. Currently, approximately 80% of our supply is of the newly treated surface water; and
WHEREAS, the SRWA board approved a Water Sales Agreement with TID agreeing to supply TID with offset water during its irrigation season; and WHEREAS, the City operates three (3) wells that are designated to meet these demands, two of them being Wells 23 and 25; and
WHEREAS, Well 23 is currently offline due to a serious rust issue within the well, while Well 25 is currently offline due to nitrate concentration; these circumstances mean the wells need to be rehabilitated to meet water standards to offset to the TID canal; and WHEREAS, a total amount of $97,208.66 will required to rehabilitate these wells and is available in fiscal year 2023/24 account 52735.029900 for Well Rehabilitation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with Don Pedro Pump Co. for Well Rehabilitation at Wells 23 and 25 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 26th 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 8
ITEM 8

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGR
EEMENT is made and entered into in the CITY of Ceres, State of California,
this 26th 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 Don Pedro Pump Co., hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

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

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

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

ITEM 8

ATTACHMENT B

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

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

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

ITEM 8

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

7. TERM OF AGREEMENT
This Agreement shall be effective February 26, 2024 and will continue in effect until February 25, 2025, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit A. The total compensation to CONTRACTOR shall not exceed NINETY-SEVEN THOUSAND TWO HUNDRED AND EIGHT DOLLARS AND SIXTY-SIX CENTS ($97,208.66) unless the Parties mutually ITEM 8
agree in writing otherwise.

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

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

The Contract Officer’s decision shall be final.

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

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct ITEM 8
business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

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

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

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

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

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

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or ITEM 8
necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

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

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

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

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

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in ITEM 8
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: Don Pedro Pump Co.

Address: PO Box 1038
Hughson, CA 95326
Attention: Gary S. Rossiter
Phone: ( 209) 632-3161
FOR CITY: Nam
e: CITY of Ceres
Address: 2720 Second St.

Ceres, CA 95307
Attention: Sam Royal
Phone: (209) 538-5717

20. INSURANCE REQUIR
EMENTS
Insurance shall be provided as specified in Exhibit B.

21. TERMINATION OF AGREEMENT
ITEM 8
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.

Termination by CITY for Change of CONTRACTOR'S Tax Status ITEM 8
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 agents, officers, and employees harmless under the provisions of this paragraph is not ITEM 8
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 Department of Industrial Relations of the State of California.

ITEM 8

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. T he 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.

ITEM 8

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 gra
nted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.

Attorneys’ fees shall include attor neys’ fees on any appeal, and in addi tion 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 whi
ch are incurred in such litigation. All su ch fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to
judgment.

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

Dated , 2024 Dated February 9, 2024
CITY OF CERES, a municipal corporation CONTRACTOR
ITEM 8
ITEM 8
Invoice
DATE
2/8/2024
INVOICE #
29324

BILL TO
City of Ceres
[email protected].
2220 Hackett Rd.

Ceres, CA 95307
Don Pedro Pump
P.O. Box 1038
Hughson, Ca 95326
JOB #TERMS
Net 30

DUE DATE
3/9/2024
P.O.#
209 632 3161
Total

DESCRIPTION QTY RATE AMOUNTDATE
Well #23
1) Pull DWT - Disassemble & Inspect
2) Video Survey
3) Rehab & Test Pump to determine max. sustainable yield

0.00 0.00T
Hrs. Lead Man - Pull Pump 8 97.00 776.00
Hrs. Laborer " " 16 88.00 1,408.00
Truck #36 Pulstar Pump Truck JA 8 80.00 640.00
Truck #46 Dodge Flat Bed 8 50.00 400.00
Video Survey 1 800.00 800.00
Swab / Jetting / AirLift - per hr. 40 425.00 17,000.00
Hydronium Acid - Gal. 550 10.625 5,843.75T
360' x 10" Test Pump- In/Out per ft. 360 30.00 10,800.00 Test Pump - per hr. 24 285.00 6,840.00
Truck #56 - 40 Ton 16 275.00 4,400.00
Sales Tax for Stan. Co. 7.875% 460.20

DON PEDRO PUMP - MISSION STATEMENT
To serve our customers above all.

To help our employees reach their full potential.

To provide leadership and integrity within our industry.

To simply be, By any standard,
The very best.
$49,367.95

EXHIBIT A
ITEM 8

EXHIBIT A
ITEM 8
ITEM 8

EXHIBIT B
ITEM 8

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
2/1/2024
License # 0E02096
(209) 578-0183 (209) 578-1841
25682
Don Pedro Pump LLC; Don Pedro Company, Inc. DBA: Don
Pedro Pump
PO Box 1038
Hughson, CA 95326
25674
42376
A 1,000,000
4T22CO0N850451TCT24 2/1/2024 2/1/2025 500,000
10,000
1,000,000
2,000,000
2,000,000
Deductible 1,000
1,000,000B
BA4W582654242SG 2/1/2024 2/1/2025
10,000,000B
CUP0N869070242S 2/1/2024 2/1/2025 10,000,000
10,000
C
TWC4369428 1/1/2024 1/1/2025 1,000,000
N 1,000,000
1,000,000
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
DONPEDR-01 JVIEIRA
DiBuduo & DeFendis Insurance Brokers, LLC
1560 Cummins Drive, Suite A
Modesto, CA 95358-6406
Travelers Indemnity Company of Connecticut
Travelers Property Casualty Company of America
Technology Insurance Company
X
X
X
X
X
X X
X
X
X

EXHIBIT B
ITEM 8

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
2/1/2024
License # 0E02096
(209) 578-0183 (209) 578-1841
25682
Don Pedro Pump LLC; Don Pedro Company, Inc. DBA: Don
Pedro Pump
PO Box 1038
Hughson, CA 95326
25674
42376
A 1,000,000
X 4T22CO0N850451TCT24 2/1/2024 2/1/2025 500,000
10,000
1,000,000
2,000,000
2,000,000
Deductible 1,000
1,000,000B
BA4W582654242SG 2/1/2024 2/1/2025
10,000,000B
CUP0N869070242S 2/1/2024 2/1/2025 10,000,000
10,000
C
TWC4369428 1/1/2024 1/1/2025 1,000,000
N 1,000,000
1,000,000
The City of Ceres, its officers, directors, officers, and employees are included as additional insured as respects General Liability per the attached blanket from CG D2 46 04 19 and CG D3 16 02 19.

City of Ceres
2720 2nd St.

Ceres, CA 95307
DONPEDR-01 JVIEIRA
DiBuduo & DeFendis Insurance Brokers, LLC
1560 Cummins Drive, Suite A
Modesto, CA 95358-6406
Travelers Indemnity Company of Connecticut
Travelers Property Casualty Company of America
Technology Insurance Company
X
X
X
X
X
X X
X
X
X

EXHIBIT B
ITEM 8
Policy # 4T22CO0N850451TCT24 EXHIBIT B
ITEM 8

EXHIBIT B
ITEM 8
Policy #4T22CO0N850451TCT24 EXHIBIT B
ITEM 8

EXHIBIT B
ITEM 8

EXHIBIT B
ITEM 8
ITEM 8

ATTACHMENT C
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
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 26, 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, Approving the Subdivision Improvement Agreement and Recordation of the Parcel Map for Ceres 18, LLC
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approves the Subdivision Improvement Agreement and recordation of the Parcel Map for Ceres 18, LLC.

I. BACKGROUND:

The project consists of a subdivision of approximately 4.81 acres into four commercial properties sized 1.06, 0.82, 1.41, and 1.52 acres. The subject property is located at 1050 E. Whitmore Avenue, between Malik Avenue and Morgan Road, and immediately east of an existing Dollar General store. The Vesting Tentative Parcel Map (VTPM 23-10) was approved by the City of Ceres Planning Commission on September 5, 2023 . After approval of the Subdivision Improvement Agreement, recordation of the final parcel map, finalization of improvement plans, filing of the improvement security (bond), and issuance of building permits, staff expects construction to commence on a new Dutch Bros Coffee and O’Reilly’s Auto Parts on the first two parcels . Future approval by the City will be required for development of the third and fourth parcels.

II. REASONS FOR RECOMMENDATION:

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

The agreement specifies public improvement securities that the developer must provide including specific amounts and the duration. The agreement provides indemnification to the City by the Developer and requires the developer to maintain various insurance coverages. The Parcel Map for Ceres 18, LLC is ready for recordation, and it is in substantial conformance to the approved Vesting Tentative Parcel Map and the project’s ITEM 9
conditions of approval. The requirements for the filing and recordation of the Final Parcel Map have been met.

III. FISCAL IMPACTS:

Improvement securities will be provided by the developer and approved in form satisfactory to the City Attorney. There is no impact to the City’s general fund.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This effort is in conformance with goal #1.

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This project was coordinated with the Engineering Services Department and City Attorney.

VII. PUBLIC PARTICIPATION:

The public is invited to provide comment at the February 26, 2024 City Council meeting.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City will coordinate with the Stanislaus County Recorder’s Office for the recordation of the parcel map and execute the agreement with Ceres 18, LLC.

Approved by: ____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Subdivision Improvement Agreement

3. Attachment C – Parcel Map

ITEM 9

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND RECORDATION OF THE PARCEL MAP FOR CERES 18, LLC

THE CITY COUNCIL
City of Ceres
WHEREAS, Ceres 18, LLC (DEVELOPER) owns the land situated in the City of Ceres, consisting of approximately 4.81 acres, located at 1050 E. Whitmore Avenue (APN 086-016-079); and
WHEREAS, the Vesting Tentative Parcel Map (VTPM 23-10) was approved by the City of Ceres Planning Commission on September 5, 2023; and
WHEREAS, the City of Ceres Secretary of the Planning Commission and the Engineering Services Department have certified that the Parcel Map for Ceres 18, LLC substantially conforms to the approved Vesting Tentative Parcel Map; and
WHEREAS, the required public improvements have not been completed; and WHEREAS, the DEVELOPER has executed the attached Subdivision Improvement Agreement to provide the required securities for all public improvements; and WHEREAS, said securities shall be in forms acceptable to the City Attorney and in the amounts required by the Engineering Services Department; and WHEREAS, the Engineering Services Department has certified that the Parcel Map for Ceres 18, LLC meets the provisions of California Subdivision Map Act and the provisions of the Cere Municipal Code relating to Subdivisions, and the City Surveyor has determined that the map is technically correct.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the subdivision improvement agreement and recordation of the parcel map for Ceres 18, LLC.

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

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Subdivision Improvement Agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26th 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
{CW135915.4}

RECORDING REQUESTED
BY AND RETURN TO:

CITY OF CERES

DEPARTMENT OF

COMMUNITY DEVELOPMENT

AND PLANNING
2220 Magnolia Street
Ceres, CA 95307
Attn: Christopher Hoem

SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE CERES 18, LLC SUBDIVISION
THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is entered into on _______, 20___, by and between the City of Ceres, a political subdivision of the State of California, hereinafter referred to as "City," and Ceres 18, LLC, a California Limited Liability Company, hereinafter referred to as "Subdivider."

RECITALS
This Agreement is made with respect to the following recitals, which each party acknowledges as true and correct:

A. Subdivider is the owner of and intends to subdivide or sell to another subdivider that certain tract of land situated in the City of Ceres, California, generally known and described as Vesting Tentative Map No. 23-10, approved by the Planning Commission on September 5, 2023, more particularly described on Exhibit "A" attached hereto ("Subdivision.")
B. Subdivider has presented to City, for approval and recordation, a final map of the Subdivision.

C. Subdivider is required to satisfy certain conditions of development after the filing of the final map, specifically Subdivider and its successors are required to construct certain Improvements as specified in the Conditions of Approval, more particularly described on Exhibit “B” attached hereto.

D. Any successor of the original Subdivider that acquires ownership of one or more of the subject parcels as described in Exhibit “A” shall be bound by the requirements of this Agreement.

E. Subdivider is obligated to submit Improvement Plans subject to the City’s approval for the construction, installation and completion of the Improvements.

ITEM 9
{CW135915.4}
F. City and Subdivider desire to assure that all Improvements will be constructed in accordance with Improvement Plans approved by the City, the Conditions and Specifications, and the Subdivision Map Act, and that all remaining conditions of development are performed or satisfied within the time periods set forth herein.

NOW, THEREFORE, in consideration of the approval and recording of the final map, and the mutual covenants and agreements contained herein, the parties agree as follows:

1. Definitions

1.1. “City Council” shall mean the City Council of the City of Ceres.

1.2. “City Attorney” shall mean the City Attorney of the City of Ceres.

1.3. “City Engineer” shall mean the City Engineer (Director of Engineering) of the City of Ceres.

1.4. "Acceptance" or "Accept(s)” refers to the City Council’s formal acceptance of the Improvements or adoption of a resolution reflecting that the Improvements are complete and meet the requirements of the Conditions and Specifications.

1.5. "Improvements" includes the improvements required by the Conditions and Specifications, including but not limited to: road and street improvements, painted street medians, sidewalks, curbs, gutters, street signs, street striping, sanitary sewer system, water system, fire hydrants, street lights, monuments, other facilities, structures, grading, mitigation measures or conditions of development.

1.6. "Improvement Plans" refers to the plans and specifications applicable to the Subdivision that have been approved by the City. The Improvement Plans are hereby incorporated into this Agreement and made a part hereof.

1.7. "Conditions and Specifications" includes the Improvement Plans, the latest version of City of Ceres Design Standards as amended from time to time, the Ceres Municipal Code, all applicable laws, rules, regulations, ordinances, policies, resolutions, mitigation measures, planned development guidelines, zoning restrictions, conditions of development, and tentative map conditions. A copy of the tentative map Conditions of Approval is attached hereto as Exhibit "B".

1.8. "Subdivision Costs" includes all labor, materials, equipment, and costs associated with the construction, installation, and completion of the Subdivision.

1.9. “Subdivision Fees” includes all fees imposed or required by the Conditions and Specifications.

1.10. This Agreement includes all attachments, exhibits, and documents referenced herein.

ITEM 9
{CW135915.4}

2. Scope of Work

2.1. Subdivider shall, to the satisfaction of the City construct, install and complete, at Subdivider's sole cost and expense, all Improvements in accordance with the Conditions and Specifications.

2.2. Subdivider shall perform or satisfy, in a timely manner, any work or act to be performed as set forth in the Conditions and Specifications.

2.3. If the approved tentative map is amended, Subdivider must also apply for and obtain an amendment of this Agreement.

2.4. At the Subdivider’s sole cost and expense, Subdivider shall install subdivision monumentation in accordance with the Subdivision Map Act and to the satisfaction of the City.

2.5. A copy of the Cost Estimate for the construction of the Improvements is attached hereto as Exhibit “C”.

3. Improvement Security

3.1. Subdivider shall file securities with the City (“Improvement Security” or “Improvement Securities”) in the form of a cash deposit, a letter of credit, or a bond from a California admitted surety, pursuant to Ceres Municipal Code §17.09 and Government Code §66499 through §66499.10, in an amount determined by the City.

The Improvement Securities shall be delivered in the amount of One Hundred Fifty Percent (150%) of the Subdivision Costs to guarantee construction and installation of all the Improvements, and to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the Improvements.

3.2. The Improvement Security must be in a form approved by the City Attorney and include a guarantee of (a) faithful performance of all of the provisions of this Agreement; (b) the performance of any changes or alterations in such work provided; (c) the guarantee and warranty of the work for a period of one year following Acceptance of the Improvements, against any defective work or labor done or defective materials furnished, in the performance of this Agreement; (d) costs and reasonable expenses and fees, including reasonable attorneys' fees; and, (e) payment for the contractor, subcontractors, and persons renting equipment or furnishing labor or materials to them for the work required pursuant to this Agreement.

3.2.1. Subdivider may elect to cause to be filed with the City separate Improvement Securities, to guarantee construction of the Improvements required for (1) Parcel A, and (2) Parcels B, C, and D.

3.3. The Improvement Security shall reflect the requirements of Government Code §66499 through 66499.10, and any provisions of the Bond and Undertaking Law ITEM 9
{CW135915.4}
(Code of Civil Procedure §995.010- 995.190) that are not inconsistent with those Government Code sections.

3.4. Subdivider shall deliver a Warranty Bond or security to the City in a form approved by the City Attorney in the amount of ten percent (10%) of the Subdivision Costs, which shall guarantee and warrant all work for a minimum of one (1) year following the completion and Acceptance thereof by the City Council against any defective work or labor done, or defective materials furnished, and to maintain such work to the satisfaction of the City. In the event any work or materials are identified as defective and the infrastructure is replaced, the period of warranty shall be extended for an additional one year upon Acceptance by the City Council for that portion of the work.

The amount of that extended warranty will equal the costs and fees associated with the replaced infrastructure.

3.5. Subdivider shall deliver a cash deposit in the amount of two percent (2%) of the Subdivision Costs, or Three Thousand One Hundred Twenty Dollars ($3,120), whichever is greater, to secure the estimated costs related to the inspection of the Improvements. If the costs of inspection exceed the deposit, the Subdivider shall deposit an additional amount as determined by the City. Any balance remaining upon completion and Acceptance of the Improvements will be refunded.

3.6. Subdivider shall deliver a Monumentation Security in the form of a cash deposit in the amount of one hundred percent (100%) of the estimated cost for the installation of survey monuments. The Monumentation Security shall be released upon certification by the Subdivider’s surveyor that the monuments have been set and the surveyor has been paid.

3.7. Subdivider shall within thirty (30) days give notice of the event and provide additional or new Improvement Securities to the City in the following circumstances:
a. In the event any changes or alterations in the construction of the Improvements exceed ten percent (10%) of the original estimated Subdivision Costs. b. Upon the transfer of fifty percent (50%) or more of Subdivider’s ownership of the Project.
c. As a condition of any extension of time for the completion of the Improvements, a new estimate of the Subdivision Costs shall be prepared by the Subdivider and require approval by the City Engineer, and Subdivider shall provide new Improvement Securities in an amount determined in accordance with paragraph

3.1 above.

4. Completion

4.1. Subdivider shall complete all Improvements related to Parcels A and B within one (1) year from the date of this Agreement in a good and workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the Conditions and Specifications, and, where there is a conflict among any of the individual Conditions and Specifications, the stricter requirement shall govern.

ITEM 9
{CW135915.4}

4.2. Subdivider shall complete all Improvements related to Parcels C and D within two (2) years from the date of this Agreement in a good and workmanlike manner in accordance with accepted construction practices and in a manner equal or superior to the Conditions and Specifications, and, where there is a conflict among any of the individual Conditions and Specifications, the stricter requirement shall govern.

4.3. Once begun, all work on the Improvements shall be completed within one (1) year from the start of construction. The time for the completion of the Improvements may, in the sole discretion of the City Engineer, be extended for good cause, upon application by the Subdivider.

4.4. If Subdivider fails to complete the Improvements within the time periods stated herein, except for extension justified by force majeure delays, the Subdivider shall not proceed further with any work on the Improvements unless and until written approval to do so is obtained from the City Engineer. At the discretion of the City Engineer, the Improvement Plans are subject to additional review and may require items to be redesigned to meet new environmental conditions or updated Conditions and Specifications, the Ceres Municipal Code, all applicable laws, rules, regulations, ordinances, policies, and resolutions. Subdivider agrees that and consents to the following: if the work on the Improvements is not completed on time, is defective or deficient, or is not completed in accordance with accepted construction practices and the Conditions and Specifications, or if Subdivider abandons the project, or the Subdivider otherwise fails to perform its obligations herein, the City may take any appropriate action to enforce the terms of this Agreement, including but not limited to:

4.4.1. Exercising the City’s rights to the Improvement Security;

4.4.2. Completing the Improvements and recovering all Subdivision Costs and Fees associated with the completion of the Improvements from Subdivider or from the Improvement Security;

4.4.3. Instituting proceedings for reversion to acreage pursuant to Government Code §66499.12, et seq.

4.5. If the term of this Agreement expires without the completion of the Improvements, Subdivider specifically consents, and waives any objection it may have, to reversion of the Project to acreage pursuant to Government Code §66499.12, et seq., and will take all reasonable steps and do all things reasonably necessary to assist the City in the reversion to acreage.

5. Improvement Plan Warranty

5.1. Subdivider warrants that its Improvement Plans are adequate to accomplish the work in accordance with the Conditions and Specifications, and if at any time before the ITEM 9
{CW135915.4}
Acceptance of the Improvements the Improvement Plans prove to be inadequate in any respect, at the discretion of the City Engineer, Subdivider shall make changes necessary to complete the work required in accordance with the Conditions and Specifications.

6. Guarantee, Warranty and Maintenance

6.1. Subdivider guarantees and warrants that the work to be performed pursuant to this Agreement will be free from defects and will meet the requirements of the Conditions and Specifications. Subdivider shall maintain, repair, replace defective, stolen, or damaged work or materials and work that does not meet the requirements of the Conditions and Specifications. Subdivider shall be responsible for any Subdivision work or Improvements damaged by Subdivider, its contractors, or builders, before or after the City Council Accepts the Improvements. This guarantee and warranty shall extend for a period of one (1) year after Acceptance of the Improvements and shall be secured for one (1) year after Acceptance of the Improvements by a bond, cash, or letter of credit, in a form and in amounts acceptable to the City.

6.2. Included in the Subdivider’s guarantees and warrants, the City Engineer and their designees shall have access to inspect all subdivision Improvements required by this title during the period of one (1) year after City Council Acceptance.

6.3. Any damage to public streets or other public infrastructure, which may reasonably be expected to result from construction activities for the Subdivision Improvements, required by this title, including the importing, or exporting of earth for grading purposes, shall be repaired at the Subdivider’s expense.

7. Fees and Costs

7.1. Subdivider shall pay when due all Subdivision Costs and Subdivision Fees.

7.2. Subdivider shall pay for the cost of relocating any existing utilities or poles as may be required in the Conditions and Specifications.

8. Inspections

8.1. It is the responsibility of the Subdivider to request inspections as needed to ensure that the Improvements conform to the Conditions and Specifications. The City reserves the right to inspect all Improvements at any time. The Subdivider shall pay the City for the cost of all inspections.

8.2. The City Engineer shall have the right to reasonably reject any or all of the Improvements to be performed under this Agreement if the Improvements do not conform to the Conditions and Specifications.

ITEM 9
{CW135915.4}

8.3. Inspection of the work required under this Agreement or any statement by any officer, agent, or employee of the City indicating the Improvements or any part thereof comply with the requirements of this Agreement, or Acceptance of the Improvements, shall not relieve Subdivider of the obligation to perform the work in accordance with this Agreement; nor shall the City be thereby estopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.

9. Indemnity

9.1. Subdivider shall defend, indemnify, and hold harmless the City from any and all claims, losses, damages or liability arising out of or relating in any way to this Agreement or to the Subdivision, except due to the active negligence of the City.

10. Insurance

10.1. Prior to the approval of this Agreement, the Subdivider shall procure and maintain at Subdivider's expense for the duration of this Agreement the following insurance:

General liability: Two Million Dollars ($2,000,000) combined single limit 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, or the general aggregate limit shall be twice the required occurrence limit.

Auto liability: Owned/Non-owned automobile liability insurance providing combined single limits covering bodily injury liability with limits of no less than Two Million Dollars ($2,000,000) per accident and providing property damage liability of no less than One Hundred Thousand Dollars ($100,000) per accident.

Workers' Compensation: Workers' Compensation insurance as required by the Labor Code of the State of California.

10.2. Requirements of All Insurance: All insurance required herein is expressly subject to the following:

10.2.1. The insurance coverage shall contain or be endorsed to contain a provision stating that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to and approved by the City.

10.2.2. Insurance shall be placed with California admitted insurers with a Best's rating of no less than A-:VII; provided, however, that if no California admitted insurance company provides the required insurance, it is acceptable to provide the required insurance through a United States domiciled carrier that meets the required Best’s ITEM 9
{CW135915.4}
rating and that is listed on the current List of Eligible Surplus Line Insurers maintained by the California Department of Insurances.

10.2.3. Prior to performing any term or condition of this Agreement, Subdivider shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements shall be received and, in City’s sole and absolute discretion, approved by City before any term or condition of this Agreement is performed by Subdivider. City reserves the right to require complete copies of all required insurance policies and endorsements, at any time.

10.2.4. Subdivider shall require that all of its contractors and subcontractors be subject to all of the indemnity and insurance requirements stated in this Agreement.

10.2.5. The limits of insurance described herein shall not limit the liability of Subdivider and Subdivider's agents, representatives, employees, contractors, or subcontractors.

10.2.6. All deductibles, self-insured retentions or named insured’s must be declared in writing and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insured’s; or the Subdivider shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses.

10.3. Requirements of General Liability and Auto Liability Insurance: The general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:

10.3.1. The Subdivider shall provide a specific endorsement naming the City and City's officers, officials, employees, and volunteers as insured’s regarding: liability arising from or in connection with the performance or omission to perform any term or condition of this Agreement by or on behalf of the Subdivider, including the insured's general supervision of the Subdivider; services, products and completed operations of the Subdivider; premises owned, occupied or used by the Subdivider; and automobiles owned, leased, hired or borrowed by the Subdivider.

The coverage shall contain no special limitations on the scope of protection afforded to the City or City's officers, officials, employees, or volunteers.

10.3.2. The Subdivider's insurance coverage shall be primary insurance regarding the City and City’s officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City or City's officers, officials, employees, or volunteers shall be excess of the Subdivider's insurance and shall not contribute with Subdivider's insurance.

ITEM 9
{CW135915.4}

10.3.3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City or City's officers, officials, employees, or volunteers.

10.3.4. The Subdivider’s insurance shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer’s liability.

10.4. Requirements of Workers' Compensation Insurance: The Worker's Compensation insurance coverage shall contain, or be endorsed to contain, that insurer shall agree to waive all rights of subrogation against the City and City's officers, officials, employees, and volunteers for losses arising from the performance of or the omission to perform any term or condition of this Agreement by the Subdivider.

11. The Subdivision Site

11.1. The Subdivider, its contractors, and builders shall keep the Subdivision property clean and free of debris. No construction materials shall be stored in, on or along any public right-of-way.

11.2. It is the responsibility of the Subdivider to record and document existing conditions of the Subdivision property and areas immediately adjacent. The Subdivider shall be liable for any damage to infrastructure resulting from construction activities.

12. Assignment

12.1. This Agreement shall not be assigned by Subdivider without the prior written consent of the City.

13. Runs with Land and Recordation

13.1. This Agreement and all obligations contained herein shall run with the land and is binding on the Subdivider's heirs, successors, and assigns. The Subdivider and its heirs, successors and assigns shall inform potential buyers of parcels of land created by the underlying Subdivision of the obligation to complete the Improvements pursuant to this Agreement. Subdivider and its heirs, successors and assigns shall provide copies of this executed Agreement to potential buyers. Subdivider acknowledges and agrees that the sale of all or any portion of the Subdivision shall not relieve the Subdivider from its obligations herein. The Subdivider agrees that it shall have the obligation, in addition to and concurrent with the obligation of its successors and assigns, to maintain the Securities set forth in this Agreement until either all obligations under this Agreement have been completed, or the execution of a replacement agreement and filing with the City of replacement Improvement ITEM 9
{CW135915.4}
Securities by the Subdivider’s heirs, successors or assigns. The City shall cause this Agreement to be recorded with the County Recorder.

14. Notice of Completion and As Built Drawings

14.1. The City shall execute, acknowledge, and record in the manner provided by law, a notice of completion of the Improvements within ten (10) days after Acceptance of the Improvements.

14.2. Upon completion of the Improvements, the Subdivider's Engineer shall supply to the City one mylar set of "as built drawings." These drawings shall be certified on each page by a Registered Civil Engineer as being "as built drawings" and shall reflect the job as actually constructed, with all changes incorporated therein.

15. Acceptance of the Improvements and Occupancy

15.1. The City will not release the Improvement Security until all Improvements are completed to the satisfaction of the City and Acceptance of the Improvements by the City Council.

15.2. All required off-site Improvements must be completed prior to or concurrently with on-site work. The City Building Division shall not provide final inspection or occupancy approval of any structure within the Subdivision until all Improvements have been completed to the satisfaction of the Department of Engineering and Accepted by the City Council in accordance with the Conditions and Specifications.

The Subdivider expressly agrees that any structures or residences within the Subdivision shall not be occupied until all Improvements have been completed and Acceptance by the City Council in accordance with the Conditions and Specifications. The Subdivider shall provide a written disclosure of the occupancy restriction to all purchasers of Subdivision property.

15.3. The Improvement Security shall be released in whole or in part in the manner set forth in Government Code §66499.7. Prior to releasing the Improvement Security in whole or in part in the manner set forth in Government Code §66499.7, the Subdivider shall provide the City with a mechanics lien guarantee to the benefit of the City of Ceres in the amount of the payment bond, which is dated at least thirty-five (35) days after recordation of a Notice of Completion. The release shall not apply to any required guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees.

16. Effective Date of Agreement

16.1. This Agreement shall not become effective unless and until the final map is accepted for recordation by the County Recorder of the County of Stanislaus.

ITEM 9
{CW135915.4}

17. Special Conditions

17.1. Any special conditions concerning the Subdivision are set forth on Exhibit "D" attached hereto and incorporated herein by this reference. Subdivider shall perform, in a timely manner, all Special Conditions identified on Exhibit "D".

18. General Terms

18.1. The “Recitals” set forth above are hereby incorporated and made part of this Agreement. In the event of any conflict between the Recitals and the Sections contained in this Agreement, the Sections shall prevail.

18.2. Any dispute concerning this Agreement, or any action brought to enforce the terms and conditions of this Agreement, shall be submitted to a court of competent jurisdiction in the County of Stanislaus, State of California.

18.3. Any notices concerning this Agreement shall be mailed as follows to:

To City:

City of Ceres
Department of Community Development
2220 Magnolia Street
Ceres, CA 95307

To Subdivider:

Ceres 18, LLC
<<ADDRESS>>
<<CITY STATE ZIP>>

With a copy to:

<<NAME>>
<<ADDRESS>>
<<CITY STATE ZIP>>

18.4. If any section sentence, clause or phrase of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain effective and enforceable to the fullest extent allowed by law.

[Signatures on following page]

ITEM 9
{CW135915.4}
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the dates indicated below.

Dated: _________________, 20___
CITY OF CERES:

By _______________________
Javier Lopez
Mayor
City of Ceres,
a Municipal Corporation
Dated: _________________, 20___
SUBDIVIDER:

Ceres 18, LLC
A California limited liability company

By _____________________
Print: _____________________
Title: _____________________

ATTEST

By _______________________ By _____________________, Fallon Martin Print: ______________________ City Clerk Title: ______________________

APPROVED AS TO CONTENT

By _______________________
Christopher Hoem
Community Development Director

APPROVED AS TO FORM

By _______________________
Nubia Goldstein
City Attorney

ITEM 9
{CW135915.4}
EXHIBIT “A”

LEGAL DESCRIPTION

ITEM 9
{CW135915.4}
EXHIBIT “B”

TENTATIVE MAP CONDITIONS OF APPROVAL

ITEM 9
{CW135915.4}
EXHIBIT “C”

COST ESTIMATE

ITEM 9
{CW135915.4}
EXHIBIT “D”

SPECIAL CONDITIONS

ITEM 9
{CW135915.4}

The section below is for your information only.

Note to Subdivider:

1. Execute acknowledgment form and sign this
Agreement before a Notary Public; and

2. If a corporation, (a) attach a certified copy of the Bylaws or the Resolution of the Board of Directors
authorizing execution of this contract and the bond
required hereby; and (b) the corporate seal must be
affixed to the Agreement.

3. Required Exhibits: Exhibit A is a legal description of the subdivision. This will be the book and page this map is recorded in. Exhibit B is a copy of all tentative map conditions, including any revised tentative map
conditions. Exhibit “C” is the Cost Estimate and Exhibit "D" is a list of Special Conditions.

Thank you.

ITEM 9
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ITEM 9
EXHIBIT “B”

CONDITIONS OF APPROVAL
Vesting Tentative Parcel Map # 23-1 0
City of Ceres
1050E. Whitmore Avenue
Ceres, CA 95307
Approved by the Pl anning Commission: September 5, 2023 Appr
oved by the Ci ty Council: N/A
Amen
ded by Staff/PC/CC on N/A
A. PROJECT AUTHORIZATION

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

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

Use of the property shall be limited to those permitted by the PC-48 zoning district as applicable per the Westpointe Master Plan, as it exists now or may be amended in the future.

3. The Vesting Tentative Parcel Map shall expire within 24 months of the approval date, unless a Final Map is filed by September 5, 2025, or a request for an extension is received by the City. 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 9
B. PROJECT SPECIFIC CONDITIONS

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

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

2. Prior to recordation of the subdivision map, the applicant shall complete or guarantee completion in a form satisfactory to the Engineering Services Department, any required improvements for this entitlement including the installation of project improvements (i.e. repair existing curb & gutter as determined by the City, and provide new sidewalk improvements) along the property’s frontage of Whitmore Avenue. The subdivision map shall be recorded prior to issuance of any building permit(s) to allow for construction of the buildings intended for these lots.

3. The applicant is permitted to create four lots. Parcel A to contain 1.06 acres. Parcel B to contain 0.82 acres. Parcel C to contain 1.41 acres.

Parcel D to contain 1.52 acres.

4. Easements for reciprocal acce ss, emergency vehicle access (EVA), parking, landscaping and public utilities over the proposed property are required, including but not limited to:

a. The applicant shall record an irrevocable reciprocal access and parking maintenance easement agreement that grants non- restrictive access between Parcel A, Parcel B, Parcel C, and Parcel D to use the drive aisles and parking areas.

b. The applicant shall record an irrevocable reciprocal access and maintenance easement agreement that grants non-restrictive access to Parcel A, Parcel B, Parcel C, and Parcel D for the storm drain system, sanitary sewer, and water main utilities, and other utilities that may be required by the City Engineer.

c. All easements required for this project shall be recorded upon acceptance of the final map.

ITEM 9

5. Any existing dwellings, structures, plumbing, and fencing that bisect the property lines shall be removed prior to filing the final map.

6. The applicant shall comply with the requirements imposed by the Turlock Irrigation District (TID).

C. GENERAL CONDITIONS OF APPROVAL

Planning Division

1. Development shall conform to the map designated by the City Planning Division as “Vesting Tentative Parcel Map” drawn by Lore Engineering, Inc., dated October 28, 2022. The “Vesting Tentative Parcel Map” shall consist of the submitted map amended by the applicant to reflect any changes indicated above in the Project Specific Conditions or required by the City in the approval process. The applicant shall submit any required amended maps to the Planning Division within 90 days of project approval. Failure to submit the amended map will result in a delay in processing and/or approval of the final map.

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

3. The final map shall be in substantial compliance to the approved vesting tentative parcel map and the development shall be consistent with applicable sections of the Westpointe Master Plan, General Plan, and Zoning Ordinance.

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

5. The development impact fees and project processing fees due in connection with this project shall be based upon the fees in effect at ITEM 9
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, Westpointe Storm Drain Benefit District Fees, and other applicable fees in place. These fees may be adjusted yearly based on the construction cost index or other method as approved by the City.

6. The applicant shall meet all requirements of Pacific Gas & Electric, AT&T, San Joaquin Valley Air Pollution Control District, Turlock Irrigation District and other utility a gencies serving the project site to the satisfaction of the Planning Division.

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

8. The applicant and/or outside party have the right to appeal, within 10- days, any decision of the Planning Commission to the City Council per the provisions of Chapter 18.30 of the Ceres Municipal Code.

Engineering Services Department/Public Works Department

1. A plan for preventing stormwater pollution and implementation of appropriate Best Management Practices (BMP’s) must be submitted to, and approved by, the Ceres Engineering Services Department prior to issuance of building permits for remaining development. If required, the applicant shall obtain coverage under the statewide NPDES General Construction permit and shall prepare a Storm Water Pollution Prevention Plan (SWPPP) with a signature block for the City Engineer to approve, and submit a Notice of Intent (NOI) and fee to the Regional Water Quality Control Board and have both on-site for reference and inspection (3 copies; 2 for City & 1 for contractor). Furthermore, prior to issuance of a building permit, a copy of the SWPPP and verification of a NOI, if required, must be submitted to the Engineering Services Department.

2. The subdivider shall be responsible to prevent any material from any erosion that may occur from entering the existing storm drain system.

The subdivider shall pay for any and all cleanup this may cause. Prior to issuance of the first building permit for the subdivision, a $5,000.00 bond shall be posted to cover cleaning of the storm drain system after build-out of the subdivision.

ITEM 9

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

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

5. The applicant shall ensure that water and sewer services are provided for the project to the satisfaction of the Engineering Services Department and Public Works Department.

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

7. As applicable, all existing utilities shall be properly abandoned or relocated. All new and relocated utilities shall be placed underground and consistent with City Council policy on location and undergrounding of utility boxes.

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

9. Prior to final acceptance, the subdivider shall provide the City with copies of the final map and the record drawings in an Auto Cad compatible DXF format. Additionally, the record drawings shall also be provided on 5 mil mylar.

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

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

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

ITEM 9

DURING CONSTRUCTION, THE FOLLOWING CONDITIONS
SHALL APPLY:

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

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

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

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

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

ITEM 9
O'Reilly Auto Parts Store ‐ Ceres, CA (CE2)
REV 02/12/2023
Item Quantity Unit Unit Price Amount
Improvements
8" PVC Sewer Main Extension in ROW 150 LF 140 $             21,000$ 24" RCP Storm Main Extension in ROW 40 LF 290 $             11,600$ 1" IPS Water Service 25 LF 125 $             3,200$
6" PVC Sewer Service 40 LF 55 $               2,200$
6" PVC Fire Service 25 LF 150 $             3,800$
6" Gate Valve and Tap 1 EA 3,500 $          3,500$

1.5" SCH40 Conduit w/ #6 wire 150 LF 5 $                  800$ Asphalt in ROW 2290 SF 10$
22,900$
Sidewalk in ROW 2050 SF 12 $               24,600$
Landscaping in ROW 1 LS 5,000 $          5,000$
Curb and Gutter in ROW 30 LF 55 $               1,650$
Assumptions: SUBTOTAL: 100,250$
*This is an order of magnitude cost estimate and actual unit prices may vary based 50% CONTINGENCY: 50,125$ ESTIMATE: 150,375$
TOTAL: 150,375$
*Prices include all necessary sawcuts,  removals, disposals, subbase prep, base material, connection to manhole, backfill, compaction, traffic control and other necessary work and materials per the City of Ceres Standards ITEM 9
Lore Engineering, Inc
Project: CER.2201
Feburary 9, 2024

CIVIL ENGINEERING IMPROVEMENTS
Preliminary Estimate of
Construction Improvement Cost
Ceres 18, LLC
2355 Westwood Blvd.

Los Angelses, CA 90064
Bonding Estimate for Subdivision Parcel B of PM for Ceres 18, LLC Item Description Quantity Unit Unit Price Cost
Off Site Improvements Purposes Parcel B of PM for Ceres 18, LLC (E. Whitmore Ave.) 1 Clearing and grubbing 5,700 SF $0.15 $855
2 Street grading 1 LS $10,000.00 $10,000
3 Traffic Control 1 LS $10,000.00 $10,000
4 AC paving (6") 83 TON $90.00 $7,486
5 Aggregate base (8") 100 TON $35.00 $3,493
6 5' wide concrete sidwalk 860 SF $5.50 $4,730
7 36' wide drive approach 745 SF $5.00 $3,725
8 6" high concrete curb and gutter 12 LF $25.00 $300
9 ADA ramp 2 EA $800.00 $1,600
10 Striping and signage 1 LS $2,000.00 $2,000
11 Sawcutting 111 LF $4.00 $444
12 1.5" SCH 40 EPVC conduit and #6 wire 175 LF $25.00 $4,375 13 24" RCP (SD pipe) 175 LF $110.00 $19,250
14 18" RCP (SD pipe) 32 LF $100.00 $3,200
15 48" storm drain manhole 1 EA $4,500.00 $4,500
16 8" C-900, DR 18, class 150 PVC (DW) 26 LF $50.00 $1,300 17 Fire hydrant assembly and gate valve with lateral 1 EA $5,500.00 $5,500 18 8" gate valve 1 EA $1,800.00 $1,800
19 Trench repair for Utilities (SD) 513 SF $6.00 $3,078 Total $87,636
THIS ESTIMATE PERTAINS TO WORK ONLY SHOWN ON PLANS PREPARED BY LORE ENGINEERING, INC.

ATTACHMENT B - EXHIBIT C
ITEM 9
Lore Engineering, Inc
Project: CER.2201
Feburary 9, 2024

CIVIL ENGINEERING IMPROVEMENTS
Preliminary Estimate of
Construction Improvement Cost
Ceres 18, LLC
2355 Westwood Blvd.

Los Angelses, CA 90064
Bonding Estimate for Subdivision Parcel C & D of PM for Ceres 18, LLC Item Description Quantity Unit Unit Price Cost
Off Site Improvements Purposes Parcel C & D of PM for Ceres 18, LLC (E. Whitmore Ave.) 1 Clearing and grubbing 20,778 SF $0.15 $3,117
2 Street grading 1 LS $15,000.00 $15,000
3 Traffic Control 1 LS $10,000.00 $10,000
4 AC paving (6") 407 TON $90.00 $36,669
5 Aggregate base (8") 489 TON $35.00 $17,112
6 5' wide concrete sidwalk 2,228 SF $3.00 $6,684
7 6" high concrete curb and gutter 716 LF $25.00 $17,900 8 Striping and signage 1 LS $1,000.00 $1,000
9 Relocating telephone vault 1 EA $12,000.00 $12,000
10 Sawcutting 429 LF $4.00 $1,716
11 Install wood barricade 1 EA $500.00 $500
12 Streetlight with pull box per City std L-1 3 EA $6,500.00 $19,500 13 1.5" SCH 40 EPVC conduit and #6 wire 428 LF $25.00 $10,700 14 Pull box 1 EA $650.00 $650
15 Trench repair for Utilities (SD) 102 SF $6.00 $612
16 24" RCP (SD pipe) 429 LF $110.00 $47,190
17 12" RCP (SD pipe) 76 LF $90.00 $6,840
18 48" storm drain manhole 2 EA $4,500.00 $9,000
19 Curb inlet 1 EA $3,500.00 $3,500
20 8" C-900, DR 18, class 150 PVC (DW) 26 LF $50.00 $1,300 21 Fire hydrant assembly and gate valve with lateral 1 EA $5,500.00 $5,500 22 8" gate valve 1 EA $1,800.00 $1,800
Total $228,290
THIS ESTIMATE PERTAINS TO WORK ONLY SHOWN ON PLANS PREPARED BY LORE ENGINEERING, INC.

ITEM 9
ITEM 9

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A

FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF LORE ENGINEERING INC., IN OCTOBER, 2023. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS

TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY AND THE

MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
________________________________________ ____________________ NEIL E. THONESEN, PLS 8656 DATE
LICENSE EXPIRES 12-31-2025

OWNER'S STATEMENT

WE, THE UNDERSIGNED, HEREBY STATE THAT WE ARE ALL THE PARTIES HAVING RECORD TITLE

INTEREST IN THE LANDS SUBDIVIDED AND SHOWN ON THIS PARCEL MAP AND WE HEREBY

CONSENT TO THE PREPARATION AND FILING OF THIS MAP, IN THE OFFICE OF THE COUNTY RECORDER OF STANISLAUS COUNTY, CALIFORNIA.

CERES 18, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
BY: ______________________________________
______________________________________ ______________________ (PRINT NAME/TITLE) DATE

RECORDER'S STATEMENT
FILED THIS ____ DAY OF ___________________, 202__, AT ______ O'CLOCK ___.M.

IN BOOK ______, OF PARCEL MAPS, AT PAGE _____, AT THE REQUEST OF BASE CONSULTING GROUP, INC.

INSTRUMENT NO. ________________________ FEE $ _______
DONNA LINDER BY: __________________________________

CLERK RECORDER MARISA ADAMS

DEPUTY COUNTY RECORDER

CITY ENGINEER'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THE ACCOMPANYING PARCEL MAP, THAT THE

SUBDIVISION IS SHOWN SUBSTANTIALLY THE SAME AS IT APPEARED ON THE

TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL

PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES

APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.

DATED THIS _______ DAY OF ________________________, 202___. _________________________________________
KEVIN L. WAUGH, R.C.E. 38920

CITY ENGINEER
BEING A SUBDIVISION OF A PORTION OF LOT 1 IN BLOCK 5119 AND LOT 2 IN BLOCK 5129 OF "WESTPOINTE", AS PER MAP FILED AUGUST 11,1994 IN VOLUME 36 OF MAPS, AT PAGE 89, STANISLAUS COUNTY RECORDS, AND A PORTION OF PARCEL NO. 1 AND PARCEL NO. 2 OF THAT CERTAIN GRANT DEED TO REDWOOD MORTGAGE INVESTORS IV, A CALIFORNIA LIMITED PARTNERSHIP, ET AL, FILED FOR RECORD AS DOCUMENT NO. 2004-0212983, STANISLAUS COUNTY RECORDS, LYING IN THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 9 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF CERES, COUNTY OF STANISLAUS, STATE OF CALIFORNIA.

NOTARY ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF

THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF _____________________
COUNTY OF ____________________
ON ________________________________________ BEFORE ME, __________________________, NOTARY PUBLIC, PERSONALLY APPEARED _____________________________________________________________,

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL
SIGNATURE ________________________________ NAME ________________________________ COUNTY OF ________________________________ MY COMMISSION EXPIRES ______________ COMMISSION NUMBER ______________________

CITY LAND SURVEYOR'S STATEMENT
I HEREBY STATE THAT I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT.

DATED THIS _______ DAY OF ________________________, 202___. _________________________________
SEAN HARP, L.S. 7823

ACTING CITY LAND SURVEYOR
JOB NO. 22114
FOR
CERES 18, LLC

CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE

THIS IS TO CERTIFY THAT THE OWNER(S) OF THE PROPERTY SHOWN ON THE ACCOMPANYING MAP HAVE FILED WITH THE BOARD OF SUPERVISORS:
(CHECK ONE)
A. A BOND OR DEPOSIT APPROVED BY SAID BOARD TO SECURE THE

PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS

TAXES, WHICH ARE AT THE TIME OF FILING THIS MAP, A LIEN AGAINST SAID PROPERTY OR ANY PART THEREOF.

B. RECEIPTED TAX BILL OR BILLS OR SUCH OTHER EVIDENCE AS MAY BE

REQUIRED BY SAID BOARD SHOWING FULL PAYMENT OF ALL
APPLICABLE TAXES.

DATED THIS _______ DAY OF ________________________, 202___.

ELIZABETH A. KING

CLERK OF THE BOARD OF SUPERVISORS

STANISLAUS COUNTY, CALIFORNIA
BY: ___________________________, DEPUTY
____________________________
(PRINT NAME)

TAX COLLECTOR'S CERTIFICATE

THIS IS TO CERTIFY THAT THERE ARE NO LIENS AGAINST THE PROPERTY OF ANY

PART THEREOF FOR ANY UNPAID STATE, COUNTY, SCHOOL, MUNICIPAL OR LOCAL

TAXES, OR SPECIAL ASSESSMENTS, EXCEPT SPECIAL ASSESSMENT OR TAXES NOT YET PAYABLE AGAINST THE LAND SHOWN ON THIS MAP.

A.P.N.: 086-016-079

DONNA RILEY, COUNTY TAX COLLECTOR

OF STANISLAUS COUNTY, CALIFORNIA
DATED THIS _______ DAY OF ________________________, 202___.

BY: ___________________________, DEPUTY
PRINT NAME: ____________________________

PLANNING COMMISSION'S STATEMENT

THIS IS TO CERTIFY THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE

TENTATIVE MAP AND ACTION TAKEN THEREON BY THE CITY OF CERES PLANNING COMMISSION AT DULY AUTHORIZED MEETING HELD ON ______________________, 202___.

A.P.N.: _______________________

DONNA RILEY, COUNTY TAX COLLECTOR

OF STANISLAUS COUNTY, CALIFORNIA
DATED THIS _______ DAY OF ________________________, 202___.

BY: ____________________________________, DEPUTY

CHRISTOPHER HOEM

SECRETARY, PLANNING COMMISSION

NOTARY ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF

THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

BASE CONSULTING GROUP, INC
1713 11TH STREET, SUITE 1
REEDLEY, CA 93654
SHEET 1 OF 2 SHEETS

OMITTED SIGNATURE STATEMENT
PURSUANT TO SECTION 66436 OF THE CALIFORNIA SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING PARTIES HAVE BEEN OMITTED:

BASIC VEGETABLE PRODUCTS, L.P., HOLDER OF A GRANT OF FOOD PROCESSING OPERATION EASEMENT AND RELEASE, PER DOCUMENT RECORDED APRIL 7, 1994, AS DOCUMENT NO. 94-0035544, O.R.

COVENANTS, CONDITIONS AND RESTRICTIONS SET FORTH IN DOCUMENT RECORDED JUNE 22, 1994, AS DOCUMENT NO. 94-0062473, O.R.

MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS PER DOCUMENT RECORDED AUGUST 22, 1994, AS DOCUMENT NO. 94-0085997, O.R.

MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS PER DOCUMENT RECORDED NOVEMBER 9, 1994 AS DOCUMENT NO. 94-0107438, O.R.

CITY OF CERES, HOLDER OF A PUBLIC UTILITIES EASEMENT AS SHOWN AND DELINEATED ON MAP OF "WESTPOINTE" (36M89) AND SURVEY MAP (22S36).

REDWOOD MORTGAGE INVESTORS VII, REDWOOD MORTGAGE INVESTORS VIII, AND DG-CERES, CA-1, LLC, HOLDERS OF A RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS AND RESTRICTIONS, PER DOCUMENT RECORDED DECEMBER 19, 2013, AS DOCUMENT NO. 2013-0103971, O.R.

BENEFICIARY'S STATEMENT

REDWOOD MORTGAGE INVESTORS VIII, A CALIFORNIA LIMITED PARTNERSHIP, AS BENEFICIARY RECORDED SEPTEMBER 27, 2022 AS DOCUMENT NO. 2022-0064651, O.R.

BY: ______________________________________
______________________________________ ______________________ (PRINT NAME/TITLE) DATE

ATTACHMENT C
No Comments S.H. 01-19-2024
ITEM 9

MALIK AVENUE

WHITMORE AVENUE

SUN MEADOW DRIVE

BASIS OF BEARINGS

SET COTTON SPINDLE AND
WASHER, TAGGED, "LS 8656",

FLUSH IN ASPHALT

SET COTTON SPINDLE AND
WASHER, TAGGED, "LS 8656",

FLUSH IN ASPHALT
SET 3/4" IRON PIPE WITH

PLASTIC CAP, STAMPED
"THONESEN PLS 8656",

FLUSH IN ASPHALT
FOUND 5/8" REBAR,
CAPPED, "LS 6389", DOWN 15"
PER (R3)
FOUND 5/8" REBAR,
TAGGED, "6389", DOWN 6"
PER (R3)
FOUND 3/4" IRON PIPE,
CAPPED, "LS 5122", DOWN 12"
PER (R3 AND CR 3000)
FOUND MAG NAIL WITH 2'

SPREADERS, NORTH & WEST
IN LIEU OF 3/4" IRON PIPE, TAGGED
"LS 6805", IN MONUMENT WELL
PER (R8) (S89°51'00"E 1725.16' R1)
A
10'
35'
50'
50'
SET 3/4" IRON PIPE

WITH PLASTIC CAP,
STAMPED "THONESEN
PLS 8656", DOWN 8"
N90°00'00"W
N89°51'00"W 1725.23'
795.22'
S00°07'50"W 269.65'
245.34'
N89°50'55"W 27.31' (M&R6&R7)
N90°00'00"W 986.06'

87.09'
190.69'
S89°51'00"E 1273.28'
S00°09'41"W 546.83'

50.00' (M&R8)
272.23' (M&R2&R5&R7) 224.60'
218.05'
FOUND 3/4" IRON PIPE, TAGGED
"LS 5443", DOWN 6" IN WELL
PER (R5)
18'
18'
B
FOUND 3/4" IRON PIPE, TAGGED
"LS 5433", DOWN 8" IN WELL
PER (R5)

PARCEL B
52-M-56

CALIFORNIA VOYAGE PHASE II AT WESTPOINTE
BLOCK 5121
41-M-4
LOT 15LOT 14 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 28LOT 27LOT 26LOT 25LOT 24LOT 23LOT 22LOT 21LOT 1 (S00°00'00"E 269.65' R2&R3&R6)
(288.11' R1&R3)
NORTH LINE OF SECTION 16
(N00°09'05"E 546.64' R1&R2&R4&R5)
(S89°51'00"E 1725.16' R2&R4&R5)
(N90°00'00"E 985.81' R2&R4&R5)
(515.81' R2)
(224.41' R2&R4&R5)
(794.40' R6)
768.01' (767.81' R6)
(N00°06'05"E 51.08' R6)

GRANT DEED
DOC. NO. 2014-0042734, O.R.S.C.

REC. 7/02/2014
S.N.F.

IN LIEU OF 3/4" IRON PIPE,
TAGGED "LS 5122"
PER (R2)
FOUND 3/4" IRON PIPE,
TAGGED "LS 5122", DOWN 20"
PER (R2)
165.00' 43.91' 226.67'
515.92'
192.30'
131.00'
225.96' 245.95'
A A A

PARCEL A

1.06 ACRES
46,182 SQ. FT.

PARCEL B

0.82 ACRES
35,508 SQ. FT.

PARCEL C

1.41 ACRES
61,239 SQ. FT.

PARCEL D

1.52 ACRES
66,318 SQ. FT.

NORTH LINE OF SECTION 16
(N00°09'05"E 546.58' R8)
218.00' (R7)
N00°09'05"E 51.08' (M&R7)
N00°09'05"E 220.58' (M&R6&R7)
N00°09'00"E 271.23'
S00°09'00"W 270.89'
S00°00'00"E 270.29'
SET 3/4" IRON PIPE WITH

PLASTIC CAP, STAMPED
"THONESEN PLS 8656", DOWN 2"
SET 1/2" REBAR WITH PLASTIC CAP,
STAMPED "THONESEN PLS 8656", DOWN 2"
SET 3/4" IRON PIPE

WITH PLASTIC CAP,
STAMPED "THONESEN
PLS 8656", DOWN 2"
SET 3/4" IRON PIPE WITH

PLASTIC CAP, STAMPED
"THONESEN PLS 8656", DOWN 2"
SET 3/4" IRON PIPE WITH

PLASTIC CAP, STAMPED
"THONESEN PLS 8656", DOWN 2"
SET NAIL WITH 3/4" BRASS TAG,
STAMPED "PLS 8656", FLUSH IN

FOOTING OF WALL
(M&R6&R7)
CLCL
35'
287.38'
BLOCK 5119
LOT 1
BLOCK 5129
LOT 2
BLOCK 5139
LOT 3

CITY OF CERES

CITY OF MODESTO

CITY OF CERES

CITY OF MODESTO

MORGAN ROAD
N00°10'42"E 1641.06'
(N00°10'58"E 1641.05' R2&R3&R4)
CL CL

SCARLET DRIVE
FOUND 3/4" IRON PIPE,
TAGGED "LS 5122", DOWN 14"

IN MONUMENT WELL
PER (R2&R3&R4)
CL

BASIS OF BEARINGS

THE BASIS OF BEARINGS FOR THIS MAP IS
SOUTH 89°51'00" EAST, AS MEASURED

ALONG THE CENTERLINE OF WHITMORE
AVENUE PER MAP OF "WESTPOINTE", FILED
IN BOOK 36 OF MAPS, AT PAGE 89, S.C.R.

OCTOBER 2023

BASE CONSULTING GROUP, INC
1713 11TH STREET, SUITE 1
REEDLEY, CA 93654
FOUND 3/4" IRON PIPE,
TAGGED "LS 5122", DOWN 14"

IN MONUMENT WELL,
PER (R3 AND CR 02269)
LIES 20' WEST OF SECTION

CORNER ALONG LINE
PER (R2&R4)
SHEET 2 OF 2 SHEETS

REFERENCES
(R1) RECORD AND CALCULATED DIMENSIONS PER MAP OF "WESTPOINTE", FILED IN BOOK 36 OF MAPS, AT PAGE 89, S.C.R.
(R2) RECORD AND CALCULATED DIMENSIONS PER RECORD OF SURVEY FILED IN BOOK 22 OF SURVEYS, AT PAGE 25, S.C.R.
(R3) RECORD AND CALCULATED DIMENSIONS PER PARCEL MAP FILED IN BOOK 52 OF PARCEL MAPS, AT PAGE 56, S.C.R.
(R4) RECORD AND CALCULATED DIMENSIONS PER MAP OF "CALIFORNIA VOYAGE PHASE I", FILED IN BOOK 36 OF MAPS, AT PAGE 98, S.C.R. (R5) RECORD AND CALCULATED DIMENSIONS PER MAP OF "CALIFORNIA VOYAGE PHASE II AT WESTPOINTE", FILED IN BOOK 41 OF PARCEL MAPS, AT PAGE 4, S.C.R.
(R6) RECORD DIMENSIONS PER GRANT DEED RECORDED SEPTEMBER 27, 2022, AS DOCUMENT NO. 2022-0064650, O.R.S.C.
(R7) RECORD DIMENSIONS PER GRANT DEED RECORDED JULY 2, 2014, AS DOCUMENT NO. 2014-0042734, O.R.S.C.
(R8) RECORD AND CALCULATED DIMENSIONS PER TRACT NO. 04-43, WESTPOINTE, UNIT NO. 4, FILED IN BOOK 42 OF MAPS, AT PAGE 78, S.C.R.

CENTERLINE

PROPERTY LINE
ADJACENT PROPERTY LINE Feet
06 0 1 2 0
SCALE: 1' = 60'
LEGEND

SET MONUMENT AS NOTED HEREON

FOUND AND ACCEPTED MONUMENT AS NOTED HEREON
O.R.S.C. OFFICIAL RECORDS OF STANISLAUS COUNTY

CR CORNER RECORD DOCUMENT NUMBER
S.C.R. STANISLAUS COUNTY RECORDS
S.N.F. SEARCHED NOTHING FOUND
(M) MEASURED DISTANCE
FOUND 3/4" IRON PIPE, TAGGED "LS 5443",
DOWN 12" IN MONUMENT WELL (PER R5)
IN LIEU OF 3/4" IRON PIPE, TAGGED "LS 5122"
PER (R1, R2 & R4)

EASEMENT TABLE
A 10' WIDE EASEMENT FOR PUBLIC UTILITIES PER (R1)

B RECIPROCAL ACCESS AGREEMENT RECORDED
DECEMBER 19, 2013, AS DOCUMENT NO. 2013-0103971, O.R.S.C.

FOR
CERES 18, LLC
BEING A SUBDIVISION OF A PORTION OF LOT 1 IN BLOCK 5119 AND LOT 2 IN BLOCK 5129 OF "WESTPOINTE", AS PER MAP FILED AUGUST 11,1994 IN VOLUME 36 OF MAPS, AT PAGE 89, STANISLAUS COUNTY RECORDS, AND A PORTION OF PARCEL NO. 1 AND PARCEL NO. 2 OF THAT CERTAIN GRANT DEED TO REDWOOD MORTGAGE INVESTORS IV, A CALIFORNIA LIMITED PARTNERSHIP, ET AL, FILED FOR RECORD AS DOCUMENT NO. 2004-0212983, STANISLAUS COUNTY RECORDS, LYING IN THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 9 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF CERES, COUNTY OF STANISLAUS, STATE OF CALIFORNIA.

EASEMENT LINE
NOTES

1. ALL DISTANCES SHOWN ARE MEASURED, UNLESS OTHERWISE NOTED

2. THIS PARCEL IS AFFECTED BY DOCUMENT RECORDED ___________________, 20___, AS DOCUMENT NO. ______________________, STANISLAUS COUNTY RECORDS. (DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS)

ATTACHMENT C
No Comments S.H. 01-19-2024
ITEM 9

COUNCIL AGENDA REPORT

Resolution No. 2024-XXX, Accepting the 2022 Pavement
Resurfacing Project as Complete, Approv ing the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion and Re leasing the Remaining Retention to the Contractor
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council to adopt a Resolution accepting the 2022 Pavement Resurfacing Project as complete, approving the Balancing Contract Change Order, authorizing the filing of the Notice of Completion and releasing the remaining retention to the Contractor.

I. BACKGROUND:

The 2022 Pavement Resurfacing Project is the annual treatment of roadways throughout the city. The Pavement Resurfacing 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 including the full -depth repair of pavement and slurry seal at the City’s Wastewater Treatment Plant (WWTP). This project was funded by Measure L, SB1, and Sewer Service Funds. Improvements within the Wastewater Treatment Plant used Sewer Service Funds.

II. REASONS FOR RECOMMENDATION:

All work has been completed in accordance with the contract, plans, specifications, and to the satisfaction of the City.

III. FISCAL IMPACTS:

The contract was awarded in the amount of $1,315,212.00, plus a 10% contingency. The final construction cost for the project was $1, 324,323.44, and 1% contingency in the amount $9111.44 was used. Funds to cover final payment and retention funds are available in account 27195.800500, 56795.800500, and 27795.800500.

ITEM 10
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
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:

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 – Balancing Contract Change Order

ITEM 10

ATTACHMENT A
RESOLUTION NO. 2024-XXX
ACCEPTING THE 2022 PAVEMENT RESURFACING PROJECT AS

COMPLETE, APPROVING THE BALANCING CONTRACT CHANGE

ORDER, AUTHORIZING THE FILING OF THE NOTICE OF

COMPLETION AND RELEASING THE REMAINING RETENTION TO

THE CONTRACTOR

THE CITY COUNCIL
City of Ceres
WHEREAS, the contractor has completed all work required pursuant to their contract with the City of Ceres for the 2022 Pavement Resurfacing Project; and WHEREAS, the Director of Public Works has recommended that this project be accepted as complete, that the contractor, American Pavement Systems Inc., be paid all sums due under the contract; and
WHEREAS, the final contract amount is $1,324,323.44 and the funds to cover the final payment and retention funds are available in account numbers 2 7195.800500, 27795.800500, and 56795.800500; and
WHEREAS, it appears that the sums due under the contract are reasonable.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the 2022 Pavement Resurfacing Project as complete, approves the balancing contract change order, authoriz es the filing of the Notice of Completion and releases the remaining retention to the contractor.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26th 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 10
ITEM 10

NOTICE OF COMPLETION
NO
TICE IS HEREBY GIVEN:

1. On J
une 26, 2023 , the City of Ceres , a Municipal Corporation in the County of Stanislaus, State of California accepted the bid of American Pavement S ystems Inc., for the 2022 Pavement Resurfacing Project.

2. On J
anuary 22, 2024, the said contract as a whole was completed by American Pavement Systems Inc. and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 22nd day of January 2024.

3. A faithful performance bond and/or warranty bond in the amount of ten (10) percent of the contract price will be forced for a period on one year after notice of completion is filed.

B
y: _______________________________
Fallon Martin, City Clerk
City of Ceres
V

ERIFICATION
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 de
clare 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 22nd day of January, 2024.

B
y: ________________________________________,
Fallon Martin, City Clerk
ITEM 10
ITEM 10
1 Mobilization (5% max) LS 1.00 $35,000.00 $35,000.00 0.50 -0.50 $17,500.00 2 Water Pollution Control LS 1.00 $5,000.00 $5,000.00 0.50 -0.50 $2,500.00 3 Public Convenience and Safety LS 1.00 $158,500.00 $158,500.00 0.50 -0.50 $79,250.00 4 Tree Pruning and Balancing (40 tree min.) LS 1.00 $25,000.00 $25,000.00 1.00 0.00 $25,000.00 5 Crack Treatment (Less Than 1-1/2") LS 1.00 $50,000.00 $50,000.00 1.00 0.00 $50,000.00 6 Cape Seal SF 466,500.00 $0.90 $419,850.00 466,500.00 0.00 $419,850.00 7 Type II Slurry Seal SF 368,000.00 $0.28 $103,040.00 368,100.00 100.00 $103,068.00 8 Type II Slurry Seal at WWTP SF 412,000.00 $0.28 $115,360.00 412,000.00 0.00 $115,360.00 9 Remove and Apply Thermoplastic Traffic
Stripes, Pavement Markings, and Markers LS 1.00 $50,000.00 $50,000.00 0.50 -0.50 $25,000.00 10 Remove and Replace Street Name and
Traffic Signs EA 27.00 $600.00 $16,200.00 - -27.00 $0.00 11 Furnish and Install New Driver Speed
Feedback Signs EA 3.00 $15,000.00 $45,000.00 - -3.00 $0.00 12 Furnish and Install Solar Sign Replacement
Batteries (Ten 100 Ah, Twenty 22Ah) LS 1.00 $16,000.00 $16,000.00 - -1.00 $0.00 13 Full Depth Crack Treatment (4" Thick) SF 31,100.00 $4.42 $137,462.00 26,112.00 -4988.00 $115,415.04 14 Full Depth Asphalt Treatment at WWTP (4"
Thick) SF 30,000.00 $4.16 $124,800.00 30,000.00 0.00 $124,800.00 15 Adjust to Grade: Water Valve EA 4.00 $1,500.00 $6,000.00 2.00 -2.00 $3,000.00 16 Adjust to Grade: Sewer Manhole EA 4.00 $2,000.00 $8,000.00 - -4.00 $0.00 $1,315,212.00 $1,080,743.04

CONTRACT CHANGE ORDERS
CCO-01 Additional Pavement at WWTP SF 7,490.00 $4.16 $31,158.40 7,490.00 0 $31,158.40 $31,158.40
TOTAL $1,346,370.40 TOTAL $1,111,901.44
`
10%
-15%
American Pavement Systems, Inc.
______ None __________________________________________________________ ______ As indicated on the attached letter dated: _____________ BY: DATE:

Phase I (061)
$131,521.20

SUB-TOTAL
$1,111,901.44Final Total:

Contract Change Orders: $31,158.40
ITEM NO. ITEM DESCRIPTION UNIT OF

MEASURE

ESTIMATED

QUANTITY

CONTRACT

UNIT PRICE

SUB-TOTAL CCO
Original Contract Price:
$0.00
Total Net Increase:

Used Contingency:

Liquidated Damages/Contractor Claims:
-$203,310.56
Approved Contingency:
-$203,310.56
Total Net Decrease: $0.00
APPROVED: ______________________________________________ Kevin Waugh, City Engineer
XXXXXXX, Project Engineer
ACCEPTANCE BY CONTRACTOR:

I have examined the quantities of contract items and amounts indicated as payment for extra work and deductions on the proposed final estimate, and I agree to accept Exceptions (Check One)
RECOMMENDED: _________________________________________

BALANCING CONTRACT CHANGE ORDER
January 22, 2024

CONTRACT BID

ITEM TOTAL
ACTUAL

QUANTITIES

ADJUSTED

QUANTITIES

CONTRACT

UNIT PRICE
TOTALITEM DESCRIPTIONITEM NO. ESTIMATED

QUANTITY

UNIT OF

MEASURE
2022 PAVEMENT RESURFACING
PROJECT NO. P22-003
$1,315,212.00 Friday, December 15, 2023
Contract Change at Unit Prices: -$234,468.96 Final Project Completion: Friday, December 22, 2023 Date of Substantial Completion:

SUB-TOTAL

CHANGE ORDER
ITEM

ADJUSTED

QUANTIES
TOTAL
Monday, January 22, 2022
ACTUAL

QUANTITIES
City Council Scheduled Date:

ATTACHMENT C
ITEM 10
ITEM 10

COUNCIL AGENDA REPORT

Resolution No. 2024-XXX, Council Concurrence of Mayor Lopez’s Recommendation to Appoint the Chief of Police as a City of Ceres Representative on the Modesto-Ceres Fire Protection Agency JPA Oversight Committee
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council’s concurrence of Mayor Lopez’s recommendation to Appoint the Chief of Police as a City of Ceres representative on the Modesto -Ceres Fire Protection Agency JPA Oversight committee.

I. BACKGROUND:

On March 13, 2007, the Modesto -Ceres Fire Protection Agency was formed for the purpose of providing continuing fire protection and administrative services in those areas within the boundaries of the Industrial Fire District, which includes the cities of Mo desto and Ceres.

The Oversight Committee consists of five (5) Board Members, which includes three (3) representatives from the City of Modesto and two (2) representatives from the City of Ceres. The Committee members are appointed to indefinite terms and all appointments and removals must be approved by resolution of their respective governing bodies.

Meetings are held twice a year.

II. REASONS FOR RECOMMENDATION:

The City of Ceres representative currently serving as Acting President is the Ceres City Manager. Former Chief of Police, Rick Collins was appointed in February 2022 to serve as the other City of Ceres representative. Chief Collins’s position on the committee has been vacant since his retirement in January 2024. It is recommended that Chief Chris Perry fill this vacant position. This appointment must be approved by the Ceres City Council.

ITEM 11
III. FISCAL IMPACTS:

There are no fiscal impacts associated with this appointment.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council could choose to not appoint Chief Perry as the second representative from the City of Ceres. A different representative would need to be chosen and approved by council.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, the Chief’s Administrative Secretary will provide a certified copy of the Resolution to the Secretary of the Modesto-Ceres Fire Protection Agency JPA Oversight Committee.

Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2024-XXX
COUNCIL CONCURRENCE OF MAYOR LOPEZ’S RECOMMENDATION

TO APPOINT THE CHIEF OF POLICE AS A CITY OF CERES

REPRESENTATIVE ON THE MODESTO-CERES FIRE PROTECTION

AGENCY JPA OVERSIGHT COMMITTEE

THE CITY COUNCIL
City of Ceres
WHEREAS, the Modesto -Ceres Fire Protection Ag ency fun ctions to provide continuing fire pro tection and administrative services in those areas w ithin the boundaries of the Industrial F ire District, which includes the cities of Mo desto and Ceres; and
WHEREAS, the Committee consists of fi ve (5) Board members, which includes three (3) representatives from the City of Modesto and two (2) representatives from the City of Ceres; and
WHEREAS, the former Chief of Police retired in January, 2024, leaving a vaca nt spot on the committee; and
WHEREAS, Committee member appointments and removals must be approved by resolution of their respective governing bodies.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby concurs with Mayor Lo pez’s recommendation to appoint the Chi ef of Police as a City of Ceres representative on the Modesto-Ceres Fire Protection Ag ency JPA Oversight Committee.

NOW BE IT FURTHER RESOLVED that the Chief’s Administrative Secretary will provide a c ertified copy of the R esolution to the S ecretary of the Modesto -Ceres Fire Protection Agency JPA Oversight Committee.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26th 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 11
ITEM 11

COUNCIL AGENDA REPORT

Resolution No. 202 4-XXX, Approving a Letter of Support from the Ceres City Council to Present to Capital Advocacy Partners for a Community Project at the Veteran of Foreign Wars/ American Legion Hall
RECOMMENDED COUNCIL ACTION:

Approving the resolution in regard to a l etter of support from the Ceres City Council for the Veteran of Foreign Wars (VFW)/American Legion Hall community project.

I. BACKGROUND:

Staff has been working with Capital Advocacy Partners regarding a possible community project centered around the need for improvements at the VFW/American Legion Hall.

Staff has noticed the building has lacked upkeep and has been neglected on usage. The proposed improvements could include a new HVAC system, interior furnishings, flooring, interior paint , landscaping , and parking lot improvements to comply with ADA requirements.

The VFW/ American Legion Hall as being under utilized by the City. Staff has determined the VFW/American Legion Hall could be used for much more. Some additional uses could include a resiliency (heating and cooling) center and secondary rental location for smaller attended meetings.

The community project would be funded through Congressional order and support from Senator Butler’s office. Staff is seeking approximately $2 million dollars to make the improvements.

ITEM 12
II. REASONS FOR RECOMMENDATION:

This will allow the City to make necessary improvements to help the VFW/American Legion Hall be a sought after location by the public and relieve the Community Center from being used as a resiliency center during extreme temperatures.

III. FISCAL IMPACTS:

No fiscal impacts due to the costs being covered by the community project funding from Senator Butler.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Staff will prepare the letter of support from various entities for delivery to Senator Butler.

Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – Letter of Support
ITEM 12

ATTACHMENT A
RES
OLUTION NO. 2024-XXX
APP

ROVING A LETTER OF SUPPORT FROM THE CERES CITY

COUNCIL TO PRESENT TO CAPITAL ADVOCACY PARTNERS FOR A

COMMUNITY PROJECT AT THE VETERAN OF FOREIGN

WARS/AMERICAN LEGION HALL
THE

CITY COUNCIL
City of Ceres
WHERE
AS, staff has been working with Capital Advocacy Par tners regarding a possible community project for improvements to the Veteran of Foreign Wars (VFW)/American Legion Hall; and
WHE
REAS, the VFW/American Legion Hass has lacked upkeep and has been neglected on usage over the years; and
WHE
REAS, staff is seeking approximately $2 mi llion dollars to make improvements that would include a new HVAC system, interior furnishings, flooring, interior paint, landscaping, and parking lot improvements t o comply with ADA requirements; and
WHE
REAS, the proposed improvements would allow the VFW/American Legion Hall to be a sought after location by the public for events, meetings, and woul d relieve the Community Center from being used as a resiliency (heating and cooling) center during extreme temperatures.

NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby approves a letter of support from the Ceres City Cou ncil to present to Capital Advocacy Partners for a Community Project at the Veteran of Foreign Wars/American Legion Hall.

PAS
SED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26th day of February 2024 by the following vote:

AYES:

Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTE
ST:
______
__________________________
Fallon Martin, City Clerk
ITEM 12
ITEM 12

ATTACHMENT B

CITY OF CERES
2220 Magnolia Street
Ceres, CA 95307
(209) 538-5700

Ma
rch 1, 2024
T
he Honorable Alex Padilla The Honorable Laphonza Butler U.S. Senator U.S. Senator
112 Hart Senate Office Building Dirksen Senate Office Building RM G-12 Washington, D.C. 20510 Washington, D.C. 2051
R
e: Support for the City of Ceres’s Veterans of Foreign Wars’ Hall Renovation Community Project Request
D
ear Senators Padilla and Butler:

I
am writing to express my strong support for the City of Ceres’ Communi ty Project request to renovate and modernize the city’s local Veterans of Foreign Wars’ (VFW) Hall. This project will not only ensure that our respected veterans and their families have a proper place to receive services from the VFW and American Legion, but will also serve as a community cooling and heating center when required. Renovations include the installation of new heating, ventilation, and air conditioning (HVAC), Internet, upgraded appliances, and a new interior design.

E
nsuring that our veterans and their families have access to comprehensive support services is not only a moral obligation but also a testament to our commitment to honor their service. The proposed renovation project will not only enhance the physical infrastructure of the building but also improve the quality and accessibility of the services provided. This is significant since the building was originally constructed in the 1950s and has not received any major upgrades or renovations since.

T
he renovated building will not only be vital to supporting veterans and their families but will also be essential to the whole community when temperatures are scorching high or devastatingly low. According to a report released this year, 2023 was officially the hottest year on record, and in California’s Central Valley, temperatures can reach up to 116 degrees Fahrenheit. With the city’s existing cooling and heating center frequently overwhelmed in the summer months, many of our residents are consistently left wi thout air conditioning, which may place them at risk for experiencing a range of serious health issues, such as heat stroke, hypothermia, heat exhaustion, and even death.

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist.2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 12
Our veterans and their families deserve nothing but the best. I am confident that the renovated facility will serve as a beacon of hope and support while also serving as a safe and comfortable environment where individuals can seek refuge from the sweltering heat or frigid cold.

Pl
ease reach out if you have further questions on how this Community Project request will benefit our city and overall community.

Si
ncerely,
Jav
ier Lopez, Mayor
City of Ceres
ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 26, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected], (209) 538-5751
SUBJECT: Discussion Regarding Ceres Municipal Code Title 5, Business Licenses and Regulations, Chapter 18 Garage Sales
RECOMMENDED COUNCIL ACTION:

Staff recommends Council discuss various options and details regarding the City’s garage sale ordinance and provide direction to staff.

I. BACKGROUND:

On January 22, 2024, the City Council discussed options for holding a city -wide garage sale event. During the meeting, the City’s garage sale ordinance was discussed. Various questions were raised during the meeting, including the duration and frequency of garage sales, and how City code interacts with State law. City code is attached to this staff report for reference.

II. REASONS FOR RECOMMENDATION:

City code allows a garage sale permit to be up to 3 consecutive days or two consecutive Saturdays and Sundays. This means that a City garage sale permit could be used for up to four separate days, including Saturday and Sunday of the first weekend and Saturday and Sunday of the next weekend. Up to two garage sale permits may be issued within a 12-month period, if there is at least four months between the garage sale permits.

This means that a property could potentially be used for a garage sale up to 8 calendar days per year. A third garage sale permit would require a Conditional Use Permit from the Planning Commission.

In order to comply with State law, anyone holding a garage sale on more than two separate days within a 12-month period is generally required to obtain a California Seller’s Permit.

The City’s definition of “garage sale” is as follows (with highlights added):

ITEM 13
Garage sale means a sale conducted by an individual home owner or occupant of a home, or apartment owner, or occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible personal property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out . It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated, "lawn sale," "attic sale," "rummage sale," "moving sale," "flea market sale" or other terms of similar or like intent and having the forego ing characteristics and purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said institutions, and, excluding those sales sponsored by bona fide service clubs.

State law requires holders of California Seller’s Permits to keep certain records. Since permanent or detailed records are explicitly excluded from the City’s definition of a garage sale, there exists some contradiction between the City code and State law. While City code currently allows more than two days of garage sales, any additional garage sale days require a California Seller’s Permit. This could create issues if detailed records are not kept, according to City code, and required to be kept, according to State law.

Below are options that could reconcile City code with State law:

1. Limit garage sale permits to only allow 2 days per 12-month period (instead of up to 8 days).

2. For any garage sale permits which include more than two days of garage sales, require (1) proof of a valid Calfiornia Seller’s Permit, and (2) detailed, permanent records to be kept according to State law.

III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

As an alternative, the Council could choose to do nothing.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The public is invited to provide public comment at the City Council meeting on February 26, 2024 as well as any future meetings on this topic.

ITEM 13
VIII. ENVIRONMENTAL REVIEW:

This proposal is not a project subject to CEQA.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council direction, staff will prepare an ordinance amendment and move forward with public hearing notifications.

Approved by: ____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Current Ordinance
ITEM 13
ITEM 13
Title 5 ‐ BUSINESS LICENSES AND REGULATIONS
CHAPTER 18 GARAGE SALES
Ceres, California, Municipal Code Created: 2022‐02‐04 16:49:46 [EST] (Supp. No. 1)

Page 1 of 3 ends

CHAPTER 18 GARAGE SALES

5.18.010 Definitions.

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

Family unit means all those person
s who reside with the owner or occupant at the address of the residential unit.

Garage sale means a sale conducted by an individual home owner or occupant of a home, or apartment owner, or occupant of an apartment unit, or owner or occupant of any other residential or dwelling uni t, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible personal property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed re
cords are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated, "lawn sale," "attic sale," "rummage sale," "moving sale," "flea market sale" or other terms of similar or like intent an d having the foregoing characteristics and
purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said institutions, and, excluding those sales sponsored by bona fide service clubs. (Ord. No. 2020‐1057 , § 1, 3‐23‐2020)

5.18.020 Purpose and intent.

It is the intent and purpose of the City Council in adopting the ordinance codified in this chapter to regulate those activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly noncommercial in nature.

These regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licensed revenue‐produ
cing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially‐zoned property; and to curb the evasion of business license fees.
(Ord. No. 2020‐1057 , § 1, 3‐23‐2020)

5.18.030 Who may conduct a garage sale; frequency of sales.

A. Garage sales may be conducted by the following persons:

1. The owner of any residential unit within the City, or a member of the owner's family unit, provided such persons are actually residing upon said premises as their principal place of residence.

2. The occupant of any residential unit within the City, or a membe r of the occupant's family unit, provided such persons are actually residing upon the premises as their principal place of residence pursuant to a rental or lease agreement with the owner of the premises.

ITEM 13

ATTACHMENT A
Created: 2022‐02‐04 16:49:46 [EST]
(Supp. No. 1)

Page 2 of 3 ends

3. No more than two garage sales shall be conducted at any residential unit within the City during a 12‐ month period by the persons permitted to conduct such sales pursuant to this section. The 12‐month period shall commence on the date of the first garage sale.

B. In determining the number of garage sales condu cted during the 12‐month period at the residential unit, all sales conducted by the owner, occupant, or member of the owner's or occupant's family unit shall be included. The City Manager shall have the discretion to determine whether an applicant may conduct a garage sale if that individual demonstrates to the City Manager's satisfaction a comp elling justification for not meeting the requirements in this section.
(Ord. No. 2020‐1057 , § 1, 3‐23‐2020)

5.18.040 Application for permits.

Persons authorized to conduct garage sales pursuant to this chapter shall make verified application in a form satisfactory to the Finance Department. The application shall contain the following:

A. The name of the applicant and copy of a government ID or driver license; B. The address of the applicant;
C. The location of the proposed garage sale;
D. The date or dates upon whi
ch it is proposed to conduct the garage sale;
E. The date or dates of any prior garage sales held at the residence; F. A statement that the applicant is either an owner/occupant, a renter/lessee, or a member of the family unit of such owner/oc
cupant or renter/lessee. In the discretion of the Finance Department, the applicant may be required to provide verification of applicant's ownership, occupancy or family unit status in a form satisfactory to the Director of Finance.

G. Any fees as provided by section 5.02.010.
(Ord. No. 2020‐1057 , § 1, 3‐23‐2020)

5.18.050 Issuance of permits.

Upon receipt of the application, the Finance Director shall issue the permit to the applicant provided that the Director of Finance determines that all of the provisions of this chapter have been met. The permit shall specify the following:

A. The name of the permittee;
B. The exact address or location where the garage sale is to be cond ucted; C. The date or dates upon which the sale is to be conducted; D. The hours of the day during which said sale is to be conducted; E. The requirement that only one sign may be used to advertise said sale, which sign shall be displayed only at the sale, only during th
e date or dates and hours of said sale, and the further requirement that said sign shall not exceed six square feet in area nor six feet in height; F. A general description of the property to be offered for sale; G. The requirement that th
e permit shall be revoked for failure to comply with all terms and conditions thereof, or the provisions of this chapter, or other applicable provisions of law; ITEM 13
Created: 2022‐02‐04 16:49:46 [EST]
(Supp. No. 1)

Page 3 of 3 ends

H. The requirement that the permit shall be prominently displayed at the location of the garage sale; and, I. Such other conditions relating to the promotion, advertising, and conducting of the garage sale which, in the opinion of the Police Chief, are necessary or proper for the preservation of the peace, elimination of traffic hazards, safety of pedestrians, preservation of public or private pr operty, or like
or similar matters.
(Ord. No. 2020‐1057 , § 1, 3‐23‐2020)

5.18.060 Conduct of garage sales.

A. Sale items shall be limited to the personal property of permit applicant and his or her immediate family. Sale of items acquired for resale or consignment shall be prohibited.

B. The City shall issue no more than one permit to an individual in a four‐month period.

C. The permit must be displayed on the garage sale premises while the garage sale is op erated.

D. Garage sales shall not be operated between the hours of 7:00 p.m. and 8:00 a.m.

E. Goods for sale shall not be placed in any public right‐of‐way nor shall goods be left out in an open area visible to the public before or aft
er the sale.
(Ord. No. 2020‐1057 , § 1, 3‐23‐2020)

5.18.070 Duration of sale.

No garage sale permit shall be issued permitting the promotion, advertising, or conducting of a garage sale for more than three consecutive days or for more than two consecutive Saturdays and Sundays. (Ord. No. 2020‐1057 , § 1, 3‐23‐2020)

5.18.080 Permit applications exceeding two garage sales per 12‐month period.

For the third and subsequent garage sale in any consecutive 12‐month period, the applicant must apply for a conditional use permit from the Ceres Planning Commission and pay all appropriate fees. (Ord. No. 2020‐1057 , § 1, 3‐23‐2020)

5.18.090 Exceptions.

This chapter shall not apply to the following persons:

A. Persons selling goods pursuant to an order of process of a court of competent jurisdiction; B. Persons acting in accordance with their powers and duties as public officials; or C. Churches, public schools, or charitable organizations, where the sale is conducted on the organization's property
.
(Ord. No. 2020‐1057 , § 1, 3‐23‐2020)
ITEM 13
ITEM 13

Ceres City CouncilFebruary 26, 2024

Ceres City Council
February 26, 2024