Ceres City Council
April 8, 2024

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, April 8, 2024 at 6:00 p.m.

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

CALL TO ORDER

Mayor Lopez

ROLL CALL

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

Martinez (District 4)

INVOCATION

Invocation by Chris Henry, Hope Tree Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/89233781953?pwd=WEVQSmJPbTdPOHhuSlpDamFKWExwUT09

Webinar ID: 892 3378 1953; Passcode: 114615; or Dial: (669) 900-6833

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

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

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

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

AGENDA
Regular City Council Meeting
April 8, 2024

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 not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are e ntitled to address the City Council on any agenda item subject to the 5-minute provision.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

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

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

1. Clerks Report of Posting. The agenda of the April 8, 2024 City Council Meeting was Posted on Wednesday, April 3, 2024. (City Clerk)

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

3. Approval of Minutes for the March 25, 2024 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand (s) Dated March 14, 2024 through March 20, 2024. (Esenwein)

5. Resolution No. 2024 -XXX, Accepting the Fire Training Facility Phase 2 Tactical Tower Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Releasing the Remaining Retention. (Beltran)
AGENDA
Regular City Council Meeting
April 8, 2024

6. Resolution No. 2024 -XXX, Approving a Professional Services Agreement with Bear Electrical Solutions, Inc. for Traffic Signal Maintenance and Repair Services and Authorizing the City Manager to Execute the Contract. (Royal)

7. Resolution No. 2024 -XXX, Approving an Amendment to the Agreement for Professional Engineering Services with Black Water Consulting Engineers for the Storm Drain Master Plan (SDMP) Study, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Amendment. (Royal)

8. Resolution No. 2024 -XXX, Approving the Use of General Funds to Sponsor the Annual Love Ceres Event in the Amount of $2,500.00 and Authorizing Staff to Move Forward with the Expenditures. (Aguirre)

9. Resolution No. 2024 -XXX, Approving the Use of American Rescue Plan Act (ARPA) Funds in the Amount of $10,000.00 to Plan and Implement the Ceres Hot Air Balloon Festival and Authorizing Staff to Move Forward with the Expenditures. (Chavez)

10. Resolution No. 2024 -XXX, Approving the Subdivision Improvement Agreement and Recordation of the Final Subdivision Map for the Wh itmore Ranch Phase 1 Subdivision. (City Manager)

11. Resolution No. 2024-XXX, Approving Contract Amendment #1 with EMC Planning Group, Inc. to Perform Professional Planning Services Related to the Continued Preparation of the 2024-2031 Housing Element Update, Including Compliance with the California Environmental Quality Act and Authorizing the City Manager to Execute the Amendment. (City Manager)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

None

NEW BUSINESS

12. Resolution No. 2024 -XXX, Ratifying the Appointment of Lea Simvoulakis to the Position of Director of Community Development, Approving an Employment Agreement, and Authorizing the City Manager to Execute the Agreement. (City Manager)

AGENDA
Regular City Council Meeting
April 8, 2024

DISCUSSION ITEMS

None

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

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 April 22, 2024 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, April 3, 2024, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk
AGENDA
Regular City Council Meeting
April 8, 2024

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).

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, March 25, 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 called the March 25, 2024 meeting to order at 6:00 p.m.

ROLL CALL – Present:

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

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

INVOCATION
Invocation by Jim Stochl, Harvest Presbyterian Church.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS
A. Women’s History Month Proclamation
Nancy Johnson with the Persephone Guild accepted the proclamation.

B. Presentation of the 2024 Senate District 4 Honoree for 2024 California Woman Making Herstory: Irene Ortiz
Council and Destiny Suarez with Senator Marie Alvarado -Gil’s office presented Irene Ortiz with certificates.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 25, 2024

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

Justin Farkas spoke regarding updates from Juan Alanis’ office

Destiny Suarez spoke regarding updates from Senator Marie Alvarado Gil’s office.

Gene Yeakley spoke regarding Vietnam Veteran’s Appreciation Day on March 29, 2024.

John Warren spoke regarding Memorial Day on May 27, 2024 and the ceremonies that will be held at the Ceres Cemetery and Lakewood Memorial Park.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

None

CONSENT CALENDAR

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 1 – 7. Motion carried 5/0/0/0 by the following roll call vote:

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

1. Clerks Report of Posting. The agenda of the March 25, 2024 City Council Meeting was Posted on Wednesday, March 20, 2024. (City Clerk)

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

3. Approval of Minutes for the March 11, 2024 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated February 28, 2024 through March 6, 2024. (Esenwein)

5. General Correspondence – Information Only
a. Public Works Monthly Report for the month of February 2024 (Royal) ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 25, 2024

6. Resolution No. 2024-32, Approving the Use of American Rescue Plan Act Funds to Complete the Customization of the Ceres Police Crisis Negotiator Van. (Perry)

7. Resolution No. 2024-33, Approving a Letter of Support from the Ceres City Council to Present to Stanislaus Regional Transit Authority for the Federal Transit Administration’s (FTA) Low/No Emission Bus and Bus Facilities Grant Program. (Vasquez)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

None

UNFINISHED BUSINESS

None

PUBLIC HEARING

None

NEW BUSINESS

None

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS

None

REPORTS

• Mayor

Nothing to report.

• City Council

Vice Mayor Silveira congratulated Destiny Suarez and Planning Commissioner, Gary Condit’s, upcoming nuptials and congratulated Captain Trenton Johnson on his recent promotion.

Councilmember Martinez spoke regarding Ceres Youth Baseball’s opening day and Carroll Fowler’s Read Across America program that he and Mayor Lopez participated in.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 25, 2024

Councilmember Vierra spoke regarding Recreation’s Eggstravaganza event, Lathrop’s Tesla Battery Plant, Turlock Irrigation District workshops, Concerts in the Park, Christmas Tree Lane, and the Municipal Management Conference.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Police Chief, Chris Perry, spoke regarding the Peace Officer Memorial taking place on the first Wednesday of May at 10:00 a.m. at Lakewood Memorial Park.

Public Works Director, Sam Royal, spoke regarding the closure of the dog park April 1 – 19 for maintenance and the completion of the walking path at Don Pedro Park.

• County Supervisor

Nothing to report.

CLOSED SESSION

None

REPORT FROM CLOSED SESSION

None

ADJOURNMENT

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

There being no further business, Mayor Lopez adjourned the meeting at 6:27 p.m.

______________________________
Javier Lopez, Mayor

____________________________
Fallon Martin, City Clerk

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

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COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: April 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael Beltran, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT: Re solution No. 2024-XXX, Accepting the Fire Training Facility Phase 2 Tactical Tower Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Releasing the Remaining Retention
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a Resolution accepting the Fire Training Facility Phase 2 Tactical Tower 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 Project was awarded to Machado & Sons Construction Inc., at the August 22nd, 2022, City Council meeting. The project improvements included installation of foundation spread footings and a fire hydrant for the future regional F ire Training Tactical Tower located at the Ceres Fire Station No. 3, 420 Service Road.

II. REASONS FOR RECOMMENDATION:

All work has been substantially completed since February 23 rd, 202 4, and has been completed in accordance with the contract, plans, specifications and to the satisfaction of the City.

III. FISCAL IMPACTS:

The construction authorization included a base bid amount of $154,612.00 and a 10% contingency of $15,461.00. The project did not use any contingency. Funds are available in account 49995.800500 (Project String 2201).

ITEM 5
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 Facilities Department will provide ongoing maintenance.

VII. PUBLIC PARTICIPATION:

N/ A
VIII. ENVIRONMENTAL REVIEW:

This project is a CEQA Categorical Exemption as per Section 15311 and 15301.

IX. STEPS FOLLOWING APPROVAL:

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

A
pproved by: _______________________
Douglas D. Dunford
City Manager
A
ttachments:

1. Attachment A – Resolution

2. Attachment B – Notice of Completion

3. Attachment C – Balancing Contract Change Order
ITEM 5

ATTACHMENT A
{CW137021.1}
RESOLUTION NO. 2024-XXX

ACCEPTING THE FIRE TRAINING FACILITY PHASE 2 TACTICAL TOWER

PROJECT AS COMPLETE, APPROVING THE BALANCING CONTRACT

CHANGE ORDER, AUTHORIZING THE FILING OF THE NOTICE OF

COMPLETION, AND RELEASING THE REMAINING RETENTION

THE CITY COUNCIL
City of Ceres

WHEREAS, the contract for the Fire Training Facility Phase 2 Tactical Tower Project was awarded to Machado & Sons, Inc.; and

WHEREAS, the contractor has completed all work required pursuant to their contract with the City of Ceres for the Fire Training Facility Phase 2 Tactical Tower Project; and

WHEREAS, the Director of Engineering has recommended that this project be accepted as complete; and

WHEREAS, the final contract amount is $154,612.00 with Machado & Sons, Inc., and the funds to cover the final payment and retention funds are available in account number 49995.800500 (Project String 2201); and

WHEREAS, the Director of Engineering has recommended that Machado & Sons, Inc. be paid all sums due under the contract less five percent (5%) retention, which said five percent (5%) retention shall be paid no earlier than 35 days after filing of the Notice of Completion; and

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 Fire Training Facility Phase 2 Tactical Tower Project as complete, approves the balancing contract change order, authoriz es the filing of the notice of completion, and releases the remaining retention.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8
th day of April 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Fallon Martin, City Clerk
ITEM 5
ITEM 5

ATTACHMENT B

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN:

1. On August 22, 2022, the City of Ceres, a Municipal Corporation in the County of Stanislaus, State of California accepted the bid from Machado & Sons , Inc., for the construction of the Fire Training Facility Phase 2 Tactical Tower Project.

2. On February 23, 2024, the said contract as a whole was completed by Machado & Sons, Inc., and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 8
th day of April 2024.

By: _______________________________
Fallon Martin, City Clerk
City of Ceres

VERIFICATION

I, the undersigned, affirm:

I am the person who signed the foregoing notice. I have read and understand the above notice and k now 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.

Executed in the City of Ceres, County of Stanislaus, State of California on this 8 th day of
April 2024.

By: ________________________________________,
Fallon Martin, City Clerk

ITEM 5
ITEM 5
ITEM 5
ITEM 5
{CW137022.1}

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: April 8, 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 Professional Services Agreement with Bear Electrical Solutions, Inc. for Traffic Signal Maintenance and Repair Services and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the professional services agreement for the Traffic Signal Maintenance and Repair Services with Bear Electric al Solutions, Inc. for an annual amount not to exceed $32,397.00, for a three (3) year term and authorize the City Manager to execute the contract.

I. BACKGROUND:

The project involves monthly and annual maintenance checks of the City’s forty ( 40) signalized intersections. In addition to the maintenance checks the contractor has provided a rate schedule for call outs and other services as required by the City.

Bear Electrical Solutions , Inc. (BES) has been performing annual service routine maintenance on all controlled intersections and has promptly responded to any additional requests for emergency work for the past three years.

II. REASONS FOR RECOMMENDATION:

The City posted a Request for Proposals for Traffic Signal maintenance, with all proposals due on March 21, 2024. The City received two (2) proposals. Bear Electrical Solutions, Inc. (BES) submitted the lowest proposal in the amount of $32,397.00 annually and for a term of three (3) years. A full bid summary is attached hereto.

ITEM 6
{CW137022.1}
III. FISCAL IMPACTS:

The project was included and programmed in fiscal year 23/24 Public Works Operations Budget account number 25530.029900.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

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

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following City Council approval, the City Manager shall execute the contract with Bear Electrical Solutions, Inc. and they will continue performing the City of Ceres Traffic Signals Maintenance and Repair Services.

A
pproved by: ____________________
Douglas D. Dunford
City Manager
A
ttachments:

1. Attachment A – Resolution

2. Attachment B – Bid Summary

3. Attachment C – Professional Services Contract
ITEM 6

ATTACHMENT A
{CW137023.1}
RESOLUTION NO. 2024-XXX

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
BEAR ELECTRICAL SOLUTIONS, INC. FOR TRAFFIC SIGNAL

MAINTENANCE AND REPAIR SERVICES AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, requests for proposals were posted on February 26, 2024 for Traffic Signal Maintenance and Repair Services and bids were due on March 21, 2024; and

WHEREAS, the lowest responsive proposal for Traffic Signal Maintenance and Repair Services was received from Bear Electrical Solutions , Inc. (BES) for an annual amount of $32,397.00 and a term of three (3) years; and

WHEREAS, BES has been performing annual service routine maintenance on all controlled intersections and has promptly responded to any additional requests for emergency work for the past three years; and

WHEREAS, City staff is extremely pleased with BES’s performance and response time to any emergencies that have arisen; and

WHEREAS, this project was included and programmed in the Fiscal Year 23/24 Public Works Operations Budget in account 25530.029900.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a professional services agreement with Bear Electrical Solutions, Inc. for Traffic Signal Maintenance and Repair Services and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8
th day of April 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6

City of Ceres

BID SUMMARY

JOB BID: T raffic Signal Maintenance and Repair Services BID DATE: March 21, 2024

BIDS RECEIVED: March 21, 2024 @ 2:00 PM

COMPANY BID TOTAL

1. Bear Electrical Solutions, Inc.

P.O. Box 924
Alviso, CA 95002
$ 32,397.00

2. St. Francis Electric, LLC
975 Carden Street
San Leandro, CA 94577
$ 35,761.00

No other responses

ITEM 6
ITEM 6

AGREEMENT
FOR

PROFESSIONAL SERVICES
TH
IS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 8th day of April 2024, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and BEAR ELECTRICAL SOLUTIONS, INC., hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

NOW, THEREFORE, in 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 6

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 6

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 April 08, 2024, and will continue in effect until April 08, 2027, 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 THIRTY TWO THOUSAND-THREE HUNDRED AND NINETY SEVEN DOLLARS ($32,397.00) unless the Parties mutually agree in writing ITEM 6

otherwise.

10. T IME 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 6

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 6

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 sha ll 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 6

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: Bear Electrical Solutions, Inc.

Address: P.O. Box 924
Alviso, CA, 95007
Attention: Robert Asuncion
Phone: (408)449-5147

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

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

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

21. TERMINATION OF AGREEMENT
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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 6

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 6

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.

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

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

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

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

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

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

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

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

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

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

ITEM 6
IN WI
TNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated _____________________, 2024 Dated ________________,2024 CITY OF CERES, a municipal corporation CONTRACTOR
By By
Douglas D. Dunford, City Manager Signature
Robert Asuncion/President
Typed name/title
APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubi
a Goldstein, City Attorney
CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk
ITEM 6
1 P u b l i c W o r k s D e p a r t m e n t
2220 Hackett Road
Ceres, Ca. 95307
Phone: ( 209) 538-5732
Fax: ( 209) 538-5605
City of Ceres
Public Works Department
Request for Proposal
Traffic Signal Maintenance and
Repair Services
Noti
ce is hereby given that the City of Ceres, County of Stanislaus, State of California, will receive at the Department of Public Works, 2220 Hackett Road, Ceres, CA 95307, sealed proposals for the Traffic Signal Maintenance and Repair Services for the Department of Public Works until Thursday, March 21, 2024 at 2:00 P.M.

Proposals will be received only at the address shown above, and should refer to Bids:

Traffic Signal Maintenance and Repair Services on the front of the sealed envelope.

Any proposal received after said time and date, or at a place other than the stated above address cannot be considered and will be returned to the vendor.

The pur
pose of this request is to hire a qualified contractor to perform Traffic Signal Maintenance and Repair services to the City’s signalized intersections.

1. Background
The City of Ceres Street Maintenance Division is responsible for all traffic signs, traffic signals, lane striping, legends, streetlights, pavement, sidewalks, curb and gutter, alley, storm drain system, street sweeping and street trees. This specific project includes approximately Forty (40) signalized intersections for traffic signal maintenance and repair services. The work to be done under this contract consist of providing all tools, equipment, apparatus, facilities, labor, incidentals and material, and perform all work necessary to maintain traffic signal systems within the City of Ceres.

2. Scope of Services
The successful bidder shall furnish all labor, materials, equipment, facilities, and incidentals to satisfactorily perform the City’s Traffic Signal Maintenance and Repair Services of its Signalized intersections.

3. Contract Terms
a. Terms of this contract shall be for three (3) years beginning May 1st 2024 after City Council approval of the project. The Contract shall remain in force for a period of thirty-six (36) months, at which time it shall terminate unless prior to that date the

EXHIBIT A
ITEM 6
2 City of Ceres notifies the Contractor in writing that it elects to extend the Contract for an additional thirty six (36) months period. On each anniversary date, Contractor will be allowed to increase prices. Increases may not exceed increases in the San Francisco-Oakland Consumer Price Index for all urban consumers or percentage increases in Contractor’s published prices, whichever is lower. In all cases, the City may cancel the contract if a requested price increase is not acceptable.
b. The Contract may be terminated at any time by the City if it is determined that the Contractor is unable to fulfill his/her responsibilities in accordance with the terms of the Contract documents.

4. Contr
actor Employees
a. Contractor shall employ sufficient, properly trained, and licensed personnel, to perform all work identified within the specifications.
b. Contractor shall provide sufficient supervisory personnel that can represent the Contractor at all times.
c. All employees of the Contractor shall wear uniform style shirts bearing the Contractor’s business name while performing services under this agreement.

Contractor’s vehicles shall be identified with the Contractor’s name and or logo on both the driver’s and passenger’s side doors.

5. Work
Schedule
a. Contractor working hours shall be from 7:00 a.m. – 5:00 p.m. Monday thru Friday, excluding all City holidays. There shall be no work performed on City of Ceres holidays, unless authorized by a City representative. With the exceptions for emergency repairs.

6. Compe
nsation
a. Payment shall be made in the arrears, after satisfactory service, as determined and approved by the City, has been provided. Payments shall be made only for work completed.
b. The Contractor shall submit a single itemized invoice each month for traffic signal service, listing each intersection, to the City for approval. The invoice shall indicate the actual labor (hours per employment classification and individual classification rates), material, and equipment units utilized with their cost to the City shown together with separate indication of the material markup. Payments will be made within 30 days following the receipt and approval by the City of the Contractors itemized invoice.
c. If City disputes any items on an invoice for a reasonable cause, which includes but is not limited to unsatisfactory service, Contractor shall correct invoice to remove the disputed item. City will only pay approved invoices. d. Should work be requested by the City that is not part of the scheduled preventive maintenance program, this work shall be done on a Time and Materials basis with a Percentage markup on materials. Invoices will only be paid for materials with the actual submission of the original invoice. All work shall be approved by the City prior to beginning the project.

ITEM 6
3 e. Should materials be needed to be replaced as part of the preventive maintenance being performed, submit actual invoice along with invoice including percent markup.

7. Equipment
a. The Contractor shall furnish and maintain equipment and vehicles necessary to perform all work within these specifications. The Contractor shall be responsible to complete the work within the time period as specified within this scope of work. b. The Contractor shall at all times be responsible for proper signage, employee safety, and the safety of traffic as it flows within work areas.

8. Specifications
a. Technicians: All work shall be conducted by at least one signal technician. An inspection report shall be completed for each inspection / repair indicating the location, date, inspector’s name, a list of all maintenance tasks performed, and troubles found. (See attached)
b. Inventory: Cit y shall maintain within its inventory all spare parts necessary to make repairs.
c. Emergency Res ponse time: contractor shall respond within 1 hour of being noticed for traffic signal outage due to mechanical or electrical failure. d. Materials: All materials that are no longer working properly shall be replaced with like material unless approved by the City prior to replacement. e. Signal setting: Tim e intervals for traffic signal controller functions, interconnect system functions, emergency vehicle and railroad preempt functions and settings for vehicle detector operations shall be established by the City. The contractor shall be responsible to see that the signal settings so established are maintained. f. Preventative mai
ntenance: The work to be done consists of providing monthly inspections, quarterly inspections, semiannual inspections, annual inspections, preventative maintenance, traffic signal repairs, service, and consultation for estimates, records and supervision for the maintenance of traffic signals with the City.
g. Traffic Signal Repair: Thi
s work consists of correcting signal deficiencies except those which are the result of accident damage, vandalism, or obsolescence.

Contact Streets Division Supervisor or Streets Lead Worker before repairs are made. Signal repair includes repair needed to correct equipment deterioration, malfunction or failure. Traffic signal detectors in the pavement, video, radar and wireless vehicle detection, their lead-in cables and pedestrian signal indication equipment shall be included in this work.
h. Accident damage repair: Cons
ists of repairing damage to signal systems
resulting from traffic accidents. Accident damage repair work includes cleanup of debris from an accident, erection of barricades or signs or hookup of a temporary signal or controller. The Contractor shall, if necessary, install and connect temporary poles and signals, and shall do whatever is required to give adequate warning to the public of any dangerous conditions to be encountered as signs as may be required by the current California Manual on Uniform Traffic Control Devices (CA MUTCD), as published by the State of California, Department of ITEM 6
4 Transportation. All temporary signals, controllers or other equipment shall provide the same functional capability as the original installation. i. T raffic Signal System Modification : Whenever the City deems it necessary to make modifications to exiting equipment, the City shall request a quote from the Contractor to make the necessary modifications. The City reserves the right to get additional quotes from other contractors. The contractor submitting the lowest or best quote may be authorized by the City to proceed with the modifications. j. Testing and Inspection: T
he Contractor shall provide a service to test and certify traffic signal controllers, cabinets and equipment. This testing service will include an environmental testing chamber, allowing the City to test the entire signal control cabinet for compliance with NEMA and Caltrans testing standards. Testing shall conform to Section 86-2.14 of the Standard Specifications. The Contractor will certify and furnish the City with a report of the operational tests and discrepancies found and/or corrected.
k. Vandalism:

This work consists of repairing damage to traffic signal systems which has been caused by acts of vandalism. This work shall not include painting over and or removal of graffiti. The Contractor shall offer a service to paint metal traffic signal heads, black plates, visors, frameworks, cabinets and other incidental items.

Painting of traffic signal equipment shall conform to Sections 86-2.16, 59 and 91 of the Standard Specifications.
l. Consultation: The contractor shall designate representatives in the organiza tion,
one of whom shall be available at all times to the City for consultation at no added expense to the City.
m. Disabled Equipment: The c
ontractor shall promptly notify the City of the
disablement of any piece of equipment on any system due to an accident or other causes, such as damaged cable, broken parts or other difficulties when such pieces of equipment cannot be readily repaired, making it necessary to discontinue normal operation of all or part of the system. After 5:00 p.m., before 7:00 a.m., weekends and holidays, the City shall also be notified of such occurrences; i.e., if the system must be placed in a flashing mode of operation.
n. Experience: The c
ontractor shall retain, on a full-time basis, qualified engineering or technical personnel capable of, and available for, maintenance and overhaul work on the control mechanisms. The Contractor must have as part of the work force personnel having a minimum of two (2) years of working experience. o. Maintenance Facilities: T
he Contractor shall maintain adequate storage and shop
repair facilities to perform this contract, including a sufficient stock of spare parts, standby controllers and signal equipment to effect permanent repairs to the system within a fifteen (15) day period. Failure to effect permanent repairs within this time limit shall be sufficient cause for the City to authorize repairs to be completed by others. Repetitive failure shall be sufficient cause to the City to cancel the Contract. p. Controller Service: C
ontroller assemblies including, conflict monitors, detector sensors, preempt equipment, auxiliary equipment, and appurtenances, and overhauled as recommended by the manufacturer. The Contractor shall accept the cost and responsibility for replacing parts under the provisions of the preventative maintenance program. When total controller mechanisms become obsolete or deteriorated to the point of being beyond repair, the Contractor shall report such conditions to the City and provide evidence that replacement is necessary. The ITEM 6
5 Contractor shall prepare estimates indicating the breakdown of material and labor costs for replacement of control mechanisms and submits this information to the City. No permanent change of control mechanisms shall be done without prior approval from the City.
q. Lamp Replacement:

The Contractor shall replace LED indications as burnouts occur. Compensation for LED indication replacement shall be actual cost plus percent overhead quoted on the appropriate unit price schedule. r. Spare equipment: T
he Contractor shall be responsible for furnishing all spare standby controllers necessary to maintain the continued safe, efficient operation of the signals whenever the original unit is withdrawn for maintenance repair or alteration. Standby controllers shall be the same type as those in operation at the intersection and shall contain all the control features unless specific authority is granted for variance by the City. No separate extra rental or compensation shall be paid for such usage for standby controllers. The Contractor shall also have spare Sensys Wireless Vehicle Detection System equipment. This spare equipment shall include Access Point, Repeater, Contact Closure Card and two (2) flush-mount wireless sensors.
s. Salvaged equipment: Cont
ractor shall deliver any salvaged equipment or
materials to the City’s corporation yard after work has been completed. t. Service: Service shall be provided on a 24-hour-per-day, 7 day-per-week basis.

Immediate action shall be taken to safeguard the public at any time a signal installation becomes partly or fully inoperative from any cause whatsoever. u. Subcontracting: T he Contractor shall not subcontract any part of this maintenance contract work and shall not retain another organization to perform maintenance or overhaul of traffic signal mechanisms unless specifically authorized by the City of Ceres
v. Traffic Signal Turnoffs: T
he Contractor shall notify Emergency Services, or their authorized representative, of any signal turn-offs or turn-ons necessitated by maintenance operations when such turn-offs or turn-ons will require enforcement personnel assistance. Temporary stop signs shall not be installed. Must be available upon request for any new construction or remodel. w. Unauthorized Work: T he Contractor shall promptly report to the City any unauthorized construction or repair work being done by others upon the City’s equipment being maintained by the Contractor. The Contractor shall also report any construction or repair work in progress which work may endanger or damage the equipment of the system.
x. Unsatisfactory Work: A
ny maintenance operations found unsatisfactory, any
equipment found not properly maintained or any repair or extra work found necessary by the City shall be reported to the Contractor and confirmed in writing.

Upon receipt of such report, the Contractor shall immediately make the necessary corrections and perform any work necessary to bring the system up to the prescribed standard. The Contractor shall submit a report to the City indicating that the work covered the City’s report has been completed, giving the date of completion of the work.
y. Work Force: T
he contractor shall at all times maintain a force of qualified traffic signal maintenance personnel sufficient to perform the work required and described herein. The force of qualified workers shall be sufficient to respond to emergency ITEM 6
6 calls, which may be received at any time, and to promptly make temporary and permanent repairs.
z. Signage:
i. Lane Closures; whenever it is necessary to block any traffic lanes to complete any portion of the work, the contractor shall submit to the city plans and times for lane closures, subject to approval by the city prior to work beginning.
ii. Cont
ractor shall provide and erect flags, signs, flashing lights and barricades as may be required to properly protect the workers and motoring public when repairs are being performed on or near the roadway.

9. Re
cord Keeping
a. A record of all service calls, repairs, monthly and semiannual inspections and pertinent data pertaining to each individual intersection shall be kept in the controller cabinet on a form approved by the City. Contractor shall maintain a copy of the records on their website.
b. Signal timing charts will be kept in the controller cabinets to record signal timing settings and dates of changes. Only the city shall authorize timing changes. The Contractor may make changes required on a temporary basis due to maintenance operation, such as detector failures.
c. A stock of blank records shall be provided in each controller cabinet. After completing the maintenance record, the Contractor shall leave a copy in the cabinet.
d. A record of the results of the semiannual inspections of the detectors shall be made and a copy will be included in the controller cabinet. e. A record of the results of the annual test of the Conflict Monitor shall be made. A copy of this record shall be included in the controller cabinet

10. General Conditions
a. Any information that the City cannot provide that is necessary to properly perform the scope of work is the responsibility of the contractor to obtain and or develop. b. For contractors performing field work on public works contracts on which prevailing wages are required, contractor shall comply with the provisions of the California Labor Code including, but not limited to, Section 1776 regarding payroll records, and shall require its sub consultants and sub-contractors to comply with that section as may be r equired by law. I t shall be the contractor’s responsibility t o make t he l abor rate determination. I t sh all a lso be t he contractor’s r esponsibility to maintain al l records for a minimum o f five y ears and m eet a ll reporting requirements from the (DIR) D epartment of Industrial Relations.
c. There will not be a pre bid meeting.
d. The bidder shall carefully examine each work site. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials and equipment to be furnished as to the requirements.

ITEM 6
7 e. The City reserves the right to reject any and all bids. Proposals may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, obviously unbalanced prices, or irregularities of any kind. f. No interpretation of the meaning of the bid or specifications will be made to any bidder orally.
g. Contractor shall be responsible to hold any licenses, permits, and certifications required to perform any task within these specifications. h. Monthly Contractor meetings will be held on the First Wednesday of every month, time to be determined. This meeting is to discuss contract related issues, concerns and comments for both the City and the Contractor. i. At time of contract award, the contractor will be required to have a City of Ceres Business license on file, provide insurance as per requirements in draft contract, and enter into a standard public works contract. All these requirements shall be met prior to City Council approval. After approval, a pre-construction meeting will be set where the contractor shall provide City staff with important contact information.

11.Traffic Signal Systems Preventative Maintenance Checklist and Intersections a. The Contractor must be able to perform all maintenance listed on the Preventative Maintenance Checklist (Exhibit A). This includes all items listed under the Monthly Routine Maintenance section along with the Annual (12-month) section. b. The Contractor must be able to perform maintenance and repairs at all the intersections within the City of Ceres (Exhibit B).

12. Deli verables:
a. References; as a deliverable at time of bid opening, contractor shall provide a list of three (3) references of work experience as it directly relates to this RF P of similar size. Reference shall include:

1. Agency name

2. Contact person and phone number administering contract

3. Dates of service work being performed

4. Annual contract value

13. Important Dates:

A. Bid Advertisement Date: Monday, February 26, 2024
B. Bids Due: Thursday, March 21, 2024, at 2:00 p.m.

C. Tentative City Council Award Date: Monday, April 22, 2024 D. New Service Agreement Effective Date: Wednesday May 01, 2024 Contact & Mailing Information:

Sam Royal – Director of Public Works
2220 Hackett Road
Ceres, CA. 95307
Phone: (209) 538-5717
Email: [email protected]
ITEM 6
8 BID S
UMMARY
THE

UNDERSIGNED AFFIRMS THAT IT IS DULY AUTHORIZED TO SUBMIT THIS

BID, THAT THIS BID HAS NOT BEEN PREPARIED IN COLLUSION WITH ANY

OTHER RESPONDENT, AND THAT THE CONTENT OF THIS BID HAS NOT BEEN COMMUNICATED TO ANY OTHER RESPONDENT. CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

CO
MPANY NAME: _____________________________________________________ RE
PRESENTATIVE’S NAME: ____________________________________________ REPR
ESENTATIVE’S E-MAIL: ___________________________________________ PH
ONE NUMBER: ___________________ FAX NUMBER: ____________________ ST
ATE OF CA CONTRACTOR’S LICENSE #: _______________________________ MAT
ERIALS % MARKUP: ______
TOTA
L ANNUAL PROJECT COST:_________________
--------
------------------------------------------------------------------------------------------------------------ REPRESENTATIVE’S SIGNATURE
ITEM 6
9 BID PROPOSAL EXHIBIT “A”
PREV
ENTATIVE MAINTENANCE (as stated in the RFP)
The fol
lowing Monthly Routine Maintenance inspections and corrective work will be performed, followed by an inspection report submitted to City of Ceres • Insp
ect controller and cabinet for proper orientation, clean/vacuum as necessary. • Inspect all vehicular signal heads to confirm their alignment in the direction programmed; align signal heads as necessary and replace outages found. • Inspect all pedestrian signals and push button assemblies for proper operation and replace outages found.
• Inspect IISNS and brackets to verify that panels are intact and are visibly oriented toward approaching traffic.
• Inspect signs, sign brackets, and cables on traffic signal mast arms; repair/reattach as necessary.
• Check load switches for proper operation and replace as necessary. • Check relay for proper operation and replace as necessary. • Check video detection system. Confirm alignment of video detection cameras on the signal mast-arms, and their ability to detect vehicle presence. • Check Inductance Loops in the controller to confirm the detection of vehicle presence.

Adjust sensitivity as needed.
• Check for bent visors and back-plates and loose bolts and cables attaching IISNS signs, signal heads, and signs to traffic signal mast-arms and traffic signal poles.

Recommend repairs as needed.
• Check BBS battery voltage/amp output, load test batteries, and test charging system (ensure BBS system can operate in battery mode for at least 30 minutes). • Check BBS, Service Pedestals, and Traffic Signal cabinets’ exterior surfaces; clean/remove graffiti as necessary.
• Check pedestrian signals actuate each pedestrian push button.

In addi
tion to the monthly maintenance, the CONTRACTOR shall conduct an Annual (12-month) Routine Maintenance and submit a report that shall include all of the following elements:
• Check
the Traffic Signal Controller timing and compare with existing traffic signal controller timing sheets provided by City of Ceres.
• Replace cabinet filter and replace as necessary.
• Check ground rod clamp and wire. 10
• Check wire schematics (a.k.a blueprints) and records to make sure they are in the cabinet.
• Check operation of the fan.
• Vacuum BBS Cabinet, check battery terminals for corrosion. • Check waterproof gasket seal on BBS, Service Pedestal, and traffic signal cabinets. • Lubricate hinges and lock on BBS, Service Pedestal, and traffic signal cabinets. • Check operation of ground fault receptacle (GFCI).
• Measure voltage at service inputs in cabinet and record.

ITEM 6
10 • Check integrity of splices in pull boxes and that there is no retention of water within the box.
• Check controllers for wear and function.
• Clean all lenses on signal heads, pedestrian heads, luminaires on traffic signal poles. • Vacuum and clean Service Pedestal, and traffic signal controller cabinets and their contents.
• Check for water accumulation and duct sealant in all traffic signal pull boxes within the Traffic Signalized intersection.
• Check all connectors in BBS, Service Pedestal, and traffic signal • Perform conflict monitor test and provide a report back to the City of Ceres ITEM 6
ITEM 6
BID PROPOSAL EXHIBIT "B"
FOR THE SUM OF $ 32,397.00 , the
undersigned hereby proposes and agrees that he will contract with the City of Ceres, California to furnish labor, materials, tools, and all incidental work and services required in the specifications, entitled "Request for Proposals - Traffic Signal Maintenance and Repair Services". This sum represents a FIRM FIXED ANNUAL TARGET COST as detailed below:

Please indicate costs for the following categories
Item Location Controller Make Controller Battery Monthly Annual Annual Cost Model Backup Maintenance Maintenance
1 Hackett-Morgan McCain 170 Tesco $ 64.00 $ 55.00 $ 823.00 2 Hackett-Crows Landing Signal Control Co 170 Tesco $ 64.00 $ 55.00 $ 823.00 3 Service-Crows Landing Signal Control Co 170 Tesco $ 64.00 $ 55.00 $ 823.00 4 Service-Blaker McCain 170 Tesco $ 64.00 $ 55.00 $ 823.00 5 Service-Central McCain 170 Dimensions $ 64.00 $ 55.00 $ 823.00 6 Central-Don Pedro McCain 170 Tesco $ 64.00 $ 55.00 $ 823.00 7 Service-Mitchell Signal Control Co 170 Dimensions $ 64.00 $ 55.00 $ 823.00 8 Don Pedro-Mitchell Safetran 170 Tesco $ 64.00 $ 55.00 $ 823.00 9 Roeding-Mitchell DTS 170 Dimensions $ 64.00 $ 55.00 $ 823.00 10 Whitmore-Eastgate McCain 2070 Tesco $ 64.00 $ 55.00 $ 823.00 11 Hatch-Eastgate McCain 2070 Tesco $ 64.00 $ 55.00 $ 823.00 12 Hatch-Boothe McCain 2070 Alpha $ 64.00 $ 55.00 $ 823.00 13 Hatch-Mitchell McCain 2070 Tesco $ 64.00 $ 55.00 $ 823.00 14 Whitmore-Morgan McCain 2070 Tesco $ 64.00 $ 55.00 $ 823.00 15 Whitmore-Moore McCain 2070 E Tesco $ 64.00 $ 55.00 $ 823.00 16 Whitmore-Railroad McCain 170 Dimensions $ 64.00 $ 55.00 $ 823.00 17 Whitmore-Central Safetran 170 Tesco $ 64.00 $ 55.00 $ 823.00 18 Whitmore-Third Signal Control Co 170 Dimensions $ 64.00 $ 55.00 $ 823.00 19 Whitmore-Fifth McCain 170 Dimensions $ 64.00 $ 55.00 $ 823.00 20 Whitmore-Moffett McCain 170 Dimensions $ 64.00 $ 55.00 $ 823.00 21 Whitmore-Mitchell McCain 2070 Clary $ 64.00 $ 55.00 $ 823.00 22 Mitchell-Fowler McCain 170 Tesco $ 64.00 $ 55.00 $ 823.00 23 Mitchell-Mitchell Plaza McCain 170 Tesco $ 64.00 $ 55.00 $ 823.00 24 Mitchell-Old Walmart Enterance Signal Control Co 170 Dimensions $ 64.00 $ 55.00 $ 823.00 25 Hatch-Moffett Signal Control Co 170 Dimensions $ 64.00 $ 55.00 $ 823.00 26 Hatch-Central McCain 2070 Clary $ 64.00 $ 55.00 $ 823.00 27 Hatch-Ceres Market Place Signal Control Co 170 Dimensions $ 64.00 $ 55.00 $ 823.00 28 Hatch-Home Depot McCain 170 Dimensions $ 64.00 $ 55.00 $ 823.00 29 Hatch-Richland McCain 170 Clary $ 64.00 $ 55.00 $ 823.00 30 Hatch-Herndon DTS 170 Clary $ 64.00 $ 55.00 $ 823.00 31 Herndon-Joyce McCain 170 Tesco $ 64.00 $ 55.00 $ 823.00 32 Central-Herndon DTS 170 Dimensions $ 64.00 $ 55.00 $ 823.00 33 Whitmore-Crows Landing McCain 170 None $ 64.00 $ 55.00 $ 823.00 34 Crows Landing-Pedro Marquez McCain 2070 E Tesco $ 64.00 $ 55.00 $ 823.00 35 Whitmore-Faith Home Flashing 4-Way $ 25.00 $ 25.00 $ 300.00 36 Whitmore-Blaker McCain 170 Dimensions $ 64.00 $ 55.00 $ 823.00 37 Service-Morgan McCain 2070E Tesco $ 64.00 $ 55.00 $ 823.00 38 Service-Ceres Gateway McCain 2070E Tesco $ 64.00 $ 55.00 $ 823.00 39 Mitchell-Rohde Rd. McCain 2070E Tesco $ 64.00 $ 55.00 $ 823.00 40 Mitchell-New Walmart Enterance McCain 2070E Tesco $ 64.00 $ 55.00 $ 823.00 Total $ 32,397.00
ITEM 6
ITEM 6

EXHIBIT B
INS

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

Min
imum Scope of Insurance
Co
verage shall be at least as broad as:

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

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

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance
Minimum Limits of Insurance
Cont
ractor shall maintain limits no less than:

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

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

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

ITEM 6

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 6

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

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

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

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

Acceptability of Insurers

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

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 6

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

Subcontractors

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

ITEM 6
{CW137025.1}

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: April 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Samir Royal, Director of Public Works
[email protected] , (209) 538-5717
SUBJECT:

Resolution No. 202 4-XXX, Approving an Amendment t o the Agreement for Professional Engineering Services with Black Water Consulting Engineers for the Storm Drain Master Plan (SDMP) Study, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Amendment
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve an amendment to the agreement for professional engineering services with Black Water Consulting Engineers for the Storm Drain Master Plan (SDMP), increasing the amount of compensation by $ 13,384.00, authorize a budget amendment, and authorize the City Manager to execute the amendment.

I. BACKGRO UND:

In 1
995, the City adopted a Storm Drain Study and Master Plan to address deficiencies and identify growth induced improvements to the City’s storm drain system . Since the adoption of the 1995 St orm Drain Master Plan (SDMP), there have been significant planning and regulatory changes, including the identification of several large development projects and promulgation of Low Impact Development (LID) practices.

On M
ay 9th, 2018, Black Water Consultant Engineers were awarded a contract to prepare a Storm Drain Master Plan (SDMP) update for the City of Ceres to discern necessary improvements to the City’s storm drainage collection, treatment, and disposal system and identify potential new development within the City’s existing service area and “Sphere of Influence,” as defined in Ceres General Plan 2035.

II. REASONS FOR RECOMMENDATION :

The Copper Trails Specific Plan project was not identified and/or adopted in the 2035 Ceres General Plan. Currently the City’s Planning, Economic Development & Engineering ITEM 7
{CW137025.1}
departments are working with developers regarding future development of the Copper Trails project. Staff recommends the Storm Drain Master Plan (SDMP) study currently being performed by Black Water Consulting Engineers include Copper Trails as a future development and annexation study for an additional cost of $13,384.00.

III. FISCAL IMPACTS:

The Storm Drain Master Plan project (SDMP) was included and programmed in the Capital Improvement Program (CIP) list FY18/19 in account 56795.132300, which included the SDMP consultant contract with Black Water for an amount of $215,425.00 and a Project Agreement No. 1 for CEQA Environmental study for an amount of $59 ,884.00. Staff recommends approval of additional funds and a budget amendment in the amount of $13,384.00 to fund this project in its entirety.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project e nsures 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:

If the City Council chooses to direct staff not to include future Copper Trails project study, it will impede the City’s capability to continue the development of the SDMP project and likely delay progress on any new development planned in the near future.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

A CEQA environmental initial study will be conducted before completion of the updated Storm Drain Master Plan (SDMP) prior to adoption.

IX. ST EPS F OLLOWING APPROVAL:

City manager to execute the project amendment with Black Water Consultant Engineers to include the Copper Trails project in the SDMP study.

A
pproved by: ____________________
Douglas D. Dunford,
City Manager
ITEM 7

{CW137025.1}
Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Professional Services Amendment Agreement ITEM 7
ITEM 7

ATTACHMENT A
{CW137026.1}
RESOLUTION NO. 2024-XXX

APPROVING AN AMENDMENT TO THE AGREEMENT FOR

PROFESSIONAL ENGINEERING SERVICES WITH BLACK WATER

CONSULTING ENGINEERS FOR THE STORM DRAIN MASTER PLAN
(SDMP) STUDY, AUTHORIZING A BUDGET AMENDMENT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, in 1995, the City adopted a Storm Drain Study and Master Plan to address deficiencies and identify growth induced improvements to the City’s storm drain system; and

WHEREAS, since the adoption of the 1995 St orm Drain M aster Plan (SDMP), there has been significant planning and regulatory changes, such as the identification of several large development projects and promulgation of Low Impact Development (LID) practices; and

WHEREAS, on May 9
th, 2018, Black Water Consultant Engineers was awarded a contract to prepare a Storm Drain Master Plan (SDMP) update for the City of Ceres to discern necessary improvements to the City’s storm drainage collection, treatment and disposal system and identify potential new development within the City’s existing service area and “Sphere of Influence,” as defined in the Ceres General Plan 2035; and

WHEREAS, the future Copper Trails project was not identified and/or adopted in the 2035 Ceres General Plan; and

WHEREAS, the City’s Planning, Economic Development & Engineering departments are currently working with developers regarding future development of the Copper Trails Specific Plan project; and

WHEREAS, Black Water Consultant Engineers, the City’s on- call consultant, submitted a proposal to include future Copper Trails project to the Storm Drain Master Plan (SDMP) study for a total amount of $13,384.00; and

WHEREAS, the Storm Drain Master Plan (SDMP) study was included and programmed in the Capital Improvement Program (CIP) list FY18/19 in account 56795.132300; and

WHEREAS, C ity staff recommends approval of additional funds and a budget amendment in the amount of $13,384.00 to fully fund this project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby a pprove a n amendment to the agreement for professional engineering services with Black Water Consulting Engineers for the Storm Drain Master Plan (SDMP) ITEM 7

ATTACHMENT A
{CW137026.1}
Study, authorizes a budget amendment, and authorizes the City Manager to execute the amendment.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of April 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 7

ATTACHMENT B
Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2024-__, dated April 8,2024,
authorizing appropriations for Budget Adjustments to the Storm Drain Master Plan (SDMP) Study to include Copper Trails Development Study as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Storm Drain Master Plan 567 95 132300 $13,384.00

Requested Appropriation $13,384.00
2023 - 2024 Current Appropriation $275,309.00
Total Appropriation $288,693.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2023 - 2024 Current Estimated Revenue
Total Estimated Revenue

Fiscal Impact: Requesting additional funds to include future Copper Trails Development Study to the Storm Drain Master Plan.

ITEM 7
ITEM 7

ATTACHMENT C
ITEM 7
ITEM 7

EXHIBIT A
ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: April 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Julian Aguirre, Economic Development/Redevelopment Manager [email protected], (209) 538-5773
SUBJECT: Resolution No. 2024-XXX, Approving the Use of General Funds to Sponsor the Annual Love Ceres Event in the Amount of $2,500.00 and Authorizing Staff to Move Forward with the Expenditures RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council adopt a resolution approving a $2,500 City sponsorship for the Love Ceres event to be held at Whitmore Park on April 27, 2024 I. BACKGROUND:

Love C
eres is an annual community event where community members come together to provide various service projects within Ceres. The Love Ceres concept originated with Love Modesto in 2011 partially through the efforts of Bryan and Becki Nicholes. Brandy and Kieth Meyer resurrected the Love Ceres event in 2022. The model for this service project has expanded to many cities throughout California.

II. REASONS FOR RECOMMENDATION:

Financially supporting the Annual Love Ceres event will improve the aesthetics in our City parks and streets. Additionally, the City’s involvement and sponsorship will improve community cohesion and public relations. Some of the service projects include cleaning up parks and public rights-of-way, washing emergency vehicles, assisting with the Ceres Library, and feeding the unhoused individuals. The Love Ceres Organization has agreed to include city logo on Love Ceres website. Being a sponsor will allow us to be highlighted during the event. This will increase positive exposure to the City of Ceres.

III. FISCAL IMPACTS:

The $2,500 sponsorship would come from the General Fund. A budget amendment and resolution are attached to this staff report.

ITEM 8
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Community engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increase their involvement in creating the future of the city.
a. Collaborate with community groups to achieve mutual goals V. POLICY ALTERNATIVES:

The City Council could choose to not participate in sponsoring Love Ceres VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

There is no required environmental review.

IX. STEPS FOLLOWING APPROVAL:

Upon approval, staff would remit a check to the Love Ceres organization in the amount of $2,500.

A
pproved by: ________________________________
Douglas D. Dunford,
City Manager
A
ttachments:

1. Resolution

2. Budget Amendment
ITEM 8

ATTACHMENT A

RESOLUTION NO. 2024-XXX

APPROVING THE USE OF GENRAL FUNDS TO SPONSOR THE ANNUAL LOVE CERES EVENT IN THE AMOUNT OF $2,500.00 AND AUTHORIZING STAFF TO

MOVE FORWARD WITH THE EXPENDITURES

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the Love Ceres event will bring positive public exposure and promote clean public parks and streets, community cohesion, and collaboration; and

WHEREAS, the expense to support these events is intended and planned to have a positive fiscal impact on the City; and

WHEREAS, staff recommends a budget amendment to appr ove appropriations from the General Fund account 10058.026400 in the amount of $2,500.00 to sponsor the Love Ceres event.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the use of General Funds to sponsor the annual Love Ceres event in the Amount of $2,500.00 and authorizes staff to move forward with the expenditures.

BE IT FURTHER RESOLVED the Fiscal Year 2023-24 Budget Amendment, as set forth in “Exhibit A,” is attached hereto and incorporated herein by reference, and the Director of Finance is hereby authorized and directed to record the appropriate account entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8
th day of April 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

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2024- , dated
_____4/8/2024______ authorizing appropriations for as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
General Fund 100 58 026400 $2,500

Requested Appropriation $2,500
2023-2024 Current Appropriation 0
Total Appropriation $2,500

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue $0
2022-2023 Current Estimated Revenue +0
Total Estimated Revenue $0

Fiscal Impact: $2,500 from General Fund

ITEM 8
ITEM 8
{CW137029.1}

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: April 8, 2024
TO:

FR
OM:

CONT
ACT:

SUBJECT:

Mayor and City Council
Douglas D. Dunford, City Manager
Jo
ey Chavez, Recreation Manager
[email protected], (209) 538-5682
Resolution No. 2024-X XX, Approving the Use of American Rescue Plan Act (ARPA) Funds in the Amount of $10,000.00 to Plan and Implement the Ceres Hot Air Balloon Festival and Authorizing Staff to Mo ve Forward with the Ex penditure RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a resolution approving an expenditure of $10,000.00 using ARPA funds and to plan and implement the City of Ceres Hot Air Balloon Festival.

I. BACKGROUND:

The Ceres Hot Air Balloon Festival, Sky’s the L imit, would be an annual family -friendly community event. This event would provide entertainment for community members and people in the region. The Ceres Hot Air Balloon Festival would be the only festival of its kind in the Central Valley. This would draw people from all over to come to Ceres, purchase gas, stay in hotels and eat in Ceres restaurants. The event would be held on June 15th, 4:00 am to 1 :00 pm, and will be open to the public at no charge. The event would be held at River Bluff Regional Park. The festival will include an opening ceremony and follow with attractions such as the balloon launch from the soccer fields, vendors , and a Bounce House for the kids. Any additional funds raised for sponsor ship will go to the Hometown Heroes Military Recognition Program. The American Legion and Veterans of Foreign Wars will be invited to participate in the opening ceremony.

The City-designated staff support for this event would involve Public Works employees to set up the stage, sound system, tents, traffic cones and signage, garbage cans, etc. At least one Police officer will be on site in addition to private security.

In 2022, the City Council approved $100,000 of ARPA funding from the first tranche to be used for economic development and business incentives. This event is directly related to economic development and will boost local tourism as attendees visit Ceres and spend tax dollars at local venues.

ITEM 9
{CW137029.1}
II. REASONS FOR RECOMMENDATION:

Financially supporting The Ceres Hot Air Balloon Festival this year would guarantee the financing needed to provide a successful family fun community event. In future years, we plan to raise the needed revenue through fundraising. The Ceres Chamber of Commerce will be a co-sponsor. Promoting tourism is extremely important, such as providing events that attract people from other cities and counties that would contribute t o tax dollars through gas, food and lodging while they are visiting the City.

III. FISCAL IMPACTS:

Funding of $10,000 would be allocated to the event using existing ARPA funds. This event is intended and planned to have a positive fiscal impact on the City. The funds originally appropriated in account 21945.054400 will be transferred to account 21955.026502. A budget amendment is attached as Exhibit A.

IV
. EXISTING POLICY / R ELATIONSHIP TO STRATEGIC PLAN:

1. C
ommunity engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increase their involvement in creating the future of the City.
a. Collaborate with community groups to achieve mutual goals.

V. POLICY ALTERNATIVES:

The Council could decide to not fund or sponsor this event.

V
I. INTERDEPARTMENTAL COORDINATION:

N/
A
V
II. PUBLIC PARTICIPATION:

N/
A
V
III. ENVIRONMENTAL REVIEW:

N/
A
I
X. STEPS FOLLOWING APPROVAL:

U
pon approval, staff will plan and implement the Ceres Hot Air Balloon Festival.

A
pproved by: ____________________________
Douglas D. Dunford
City Manager
ITEM 9

{CW137029.1}
Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment
ITEM 9
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE USE OF AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $10,000.00 TO PLAN AND IMPLEMENT THE CERES HOT AIR BALLOON FESTIVAL

AND AUTHORIZING STAFF TO MOVE FORWARD WITH THE EXPENDITURE

THE CITY COUNCIL
City of Ceres, California
WHEREAS, the City of Ceres Annual Budget is an action and financial plan of services to be provided to the citizens of Ceres; and
WHEREAS, the City Council approved the 2022-2023 budget which included the use of American Rescue Plan Act (ARPA) funds for various projects in the Economic Development Division , including $100,000 for Economic Development and business incentives. An $80,000.00 carryover was included in the 2023-2024 budget. The transfer of $10,000.00 from account 21945.054400 will help fund the Ceres Hot Air Balloon Festival; and WHEREAS, the Ceres Hot Air Balloon Festival is a tourism event that will boost the local economy by bringing tourists into the City to purchase food, gas, lodging and thus generate additional sales tax; and
WHEREAS, the expense to support th is event i s intended and planned to have a positive fiscal impact on the City; and
WHEREAS, a budget amendment to transfer fund s from account 21945.054400 to account 21955.026502 to plan and implement the Ceres Hot Air Balloon Festival.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the use of American Rescue Pl an Act (ARPA) funds in the amount of $10,000.00 to plan and implement the Ceres Hot Air Balloon Festival and authorizes staff to move forward with the expenditure.

BE IT FURTHER RESOLVED the Fiscal Year 2023-24 Budget Amendment, as set forth in “Exhibit A,” is attached hereto and incorporated herein by reference, and the Director of Finance is hereby authorized and directed to record the appropriate account entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of April 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

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2024-XX, dated April 8,2024,
authorizing appropriations for Budget Adjustments as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
ARPA funds 219 55 026502 $10,000.00
219 45 054400 ($10,000.00)

Requested Appropriation $10,000.00
2023 - 2024 Current Appropriation 0
Total Appropriation $10,000,00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2023 - 2024 Current Estimated Revenue
Total Estimated Revenue

Fiscal Impact:

The City Council approved the 2023-2024 budget which included the use of ARPA funds for various projects. The appropriations of $10,000.00 from one account to another will have no Fiscal impact to the budget.

ATTACHMENT B
ITEM 9
ITEM 9
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COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: April 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Teddie Hernandez, Senior Planner
[email protected], (209) 538-5789
SUBJECT: Re solution No. 2024-XXX, Approving the Subdivision Improvement Agreement and Recordation of the Final Subdivision Map for the Whitmore Ranch Phase 1 Subdivision
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve the Subdivision Improvement Agreement and Final Map for the Whitmore Ranch Phase 1 Subdivision.

I. BACKGRO UND:

On May 17, 2021, the City of Ceres Planning Commission approved Vesting Tentative Subdivision Map No. 20-10 to subdivide 19.3 acres into 107 residential lots at 3340 E.

Whitmore Avenue.

On April 17, 2023, the City of Ceres Planning Commission approved a 2- year extension for the Vesting Tentative Subdivision Map.

The Subdivider has presented to the City for its approval and recordation a final map for the tentative subdivision map. The public improvements required for the tentative subdivision map are not yet complete, and therefore the Subdivider is required to execute a Subdivision Improvement Agreement with the City. The Subdivision Improvement Agreement guarantees the construction of the public improvements required for the subdivision.

The Subdivider is also constructing certain public improvements eligible for im pact fee credits and reimbursement from benefiting parcels within the Whitmore Ranch Specific Plan, including sewer lines, traffic signal design, a bus turnout, and a water irrigation well.

The Subdivision Improvement Agreement contains provisions which allow the Subdivider to receive fee credits against certain City impact fees, and also reimbursement from ITEM 10
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benefiting parcels within the Whitmore Ranch Specific Plan at the time of future development.

II. REASONS FOR RECOMMENDATION :

The Subdivision Improvement Agreement (“Agreement”) has been reviewed be City Staff and the City Attorney. The Agreement obligates the Subdivider to construct the improvements and provide securities to guarantee construction of the improvements. The Agreement further establishes the terms by which the Subdivider will receive fee credits and future reimbursement for eligible improvements. The Whitmore Ranch Phase 1 Final Map is ready for recordation and is in substantial conformance to the approved Vesting Tentative Subdivision Map and the project’s conditions of approval. The requirements for the filing and recordation of the Final Map have been met.

III. FISCAL IMPACTS:

The securities as required by Ceres Municipal Code section 17.18.070 will be provided, pursuant to the Subdivision Improvement Agreement.

The required Engineering Department has determined that the required Warranty Bond per Section 4 and Exhibit C of the Improvement Agree ment is sufficient to warrant said improvements.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This project was coordinated with the City Manager, Engineering Department, and the City Attorney. Upon recordation of the Agreement and the Final Map, the Subdivider may commence construction of the improvements. The City will not be required to accept the improvements until construction is complete.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

All environmental documents have been completed.

IX. STEPS FOLLOWING APPROVAL:

The City will record the Final Map and the Agreement with the Stanislaus County Recorder’s Office, and commence implementation of the terms of the Agreement.

ITEM 10
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Approved by: _______________________
Douglas D. Dunford,
City Manager
Atta
chments:

1. Attachment A – Resolution

2. Attachment
B – Subdivision Improvement Agreement

3. Attachment C – Subdivision Map
ITEM 10

ITEM 10

ATTACHMENT A
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RESOLUTION NO. 2024-XXX

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND

RECORDATION OF THE FINAL MAP FOR THE WHITMORE RANCH
PHASE 1 SUBDIVISION

THE CITY COUNCIL
City of Ceres

WHEREAS, the Alvernaz Enterprises, LLC, a California Corporation (“Subdivider”) owns land situated in the City of Ceres consisting of 19.3 acres, known as the “Whitmore Ranch Phase 1 Subdivision”; and

WHEREAS, the Vesting Tentative Subdivision Map (VTSM No. 2010) was approved by the City of Ceres Planning Commission on May 17, 2021 subject to Conditions of Approval, as provided by PC Resolution No. 21-10; and

WHEREAS, a 2-year extension for the Vesting Tentative Subdivision Map was approved by the Planning Commission on April 17, 2023; and

WHEREAS, the City Engineer has certified that the Whitmore Ranch Phase 1 Final Map substantially conforms to the approved Vesting Tentative Subdivision Map; and

WHEREAS, the required public improvements have not been completed; and

WHEREAS, prior to recording of the Final Map, the Subdivider is required to execute a Subdivision Improvement Agreement and provide the required securities for all public improvements; and

WHEREAS, the Final Map and the Subdivision Improvement Agreement conform to the provisions of California Subdivision Map Act and the provisions of the Ceres Municipal Code relating to subdivisions.

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 Final Map for the Whitmore Ranch Phase 1 Subdivision.

BE IT FURTHER RESOLVED that the appropriate City staff and departments are hereby authorized to certify and acknowledge the Final 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 8th day of April 2024, by the following vote:

AYES: Councilmembers:

ITEM 10

ATTACHMENT A
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NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 10
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RECORDING REQUESTED
BY AND RETURN TO:

CITY OF CERES

DEPARTMENT OF

COMMUNITY DEVELOPMENT

AND PLANNING
2220 Magnolia Street
Ceres, CA 95307

SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE WHITMORE RANCH SUBDIVISION, PHASE 1
THIS SUBDIVISION IMPROVEMENT AGREEMENT (“ Agreement”) is entered into on _______, 2024, by and between the City of Ceres, a political subdivision of the State of California, hereinafter referred to as " City," and Alvernaz Enterprises, LLC , a California Corporation, hereinafter referred to as "Subdivider."

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

A. Subdivider is the owner of and intends to subdivide that certain tract of land situated in the City of Ceres, California, generally known and described as Vesting Tentative Subdivision Map No. 20-10, approved by the City of Ceres Planning Commission on May 17, 2021 by Resolution No. PC 20-10, and extended for an additional two (2) years on April 17, 2023 by Resolution No. PC 23 -14, and 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 is required to construct certain improvements as specified in the Conditions of Approval.

D. Subdivider is required to prepare Improvement Plans for the construction, installation and completion of the Improvements, subject to the City’s approval.

E. City and Subdivider desire to assure that all Improvements will be constructed in accordance with the Improvement Plans, the Conditions and Specifications, the Ceres Municipal Code and Design Standards, and the Subdivision Map Act, and that all

ATTACHMENT B
ITEM 10

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remaining conditions of development are performed or satisfied within the time 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:

AGREEMENT

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)" means 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, median islands, 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" means the plans and specifications applicable to the Subdivision that have been approved by the City. The Improvement Plans are on file with the City Engineer and are 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, the Whitmore Ranch Specific Plan, 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 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.

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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 subdivision Improvements is attached hereto as Exhibit “C”.

3. Fee Offsets/Reimbursement

3.1. Improvements which are oversized to serve other properties will be subject to reimbursement as provided for in Subdivision Map Act §66485 and §66486, and Ceres Municipal Code §17.09.040, and as further described this Section.

3.2. Certain Improvements being installed by Subdivider are improvements that benefit the entire Whitmore Ranch Specific Plan (“Specific Plan”) or are included in the City’s Capital Facilities Fee (“CFF”) program (collectively, the “Eligible Improvements”). As such, the Eligible Improvements are subject to either direct reimbursement or fee offsets to be provided as building permits are issued in the Subdivision.

3.3. The Eligible Improvements shall be subject to no less than three (3) competitive bids, obtained by Subdivider and approved by the City. If three (3) competitive bids cannot be obtained by Subdivider, City may waive this requirement in its sole discretion. The actual amount reimbursed will be based on the actual cost of construction, plus change orders, and verified by payment receipts. Any change orders that will increase the overall bid more than ten percent (10%) over the original bid amount must be approved by the City. In the event Subdivider chooses to utilize a contractor other than the apparent low bidder, the maximum amount of reimbursement will be based on the total of the lowest responsive bid, plus the amount for any change orders, with any change orders over ten percent (10%) of the total bid amount requiring approval from the City.

3.4. CFF Improvements

3.4.1. The following “ CFF Improvements ” shall be subject to fee offsets and reimbursement as provided in this Section.

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3.4.2. The existing twelve -inch (12”) sewer line in Whitmore Avenue will be upgraded to a n eighteen-inch (18”) sewer line between Boothe Road and Mitchell Road. This is an upgrade contemplated in the City’s Wastewater Master Plan and is a reimbursable expense. The Wastewater component of the CFF will be offset by the cost of these lines and appurtenances . Any additional reimbursement owed to Subdivider after receipt of fee offsets shall be provided from the Wastewater component of the CFF collected from benefiting parcels within the Specific Plan. Exhibit D identifies the estimated project costs.

3.4.3. At the City’s request, the CFF Improvement discussed in Section 3.4.2 will also be extended an additional 180 feet to the east to a point in Whitmore Avenue near Hidden Oak Court extended . This line is contemplated in the City’s Wastewater Master Plan and is a reimbursable expense. The City has agreed to put this extended segment of sewer line in the City’s 2024 Capital Improvement Program and immediately reimburse Subdivider for this work upon completion and Acceptance by the City , at such time that the Wastewater CFF account has sufficient funds to reimburse Subdivider .

Exhibit D identifies the estimated project costs.

3.4.4. A new traffic signal is proposed at Whitmore Avenue and Boothe Road and is included in the City’s CFF Program. Subdivider has designed and prepared the construction drawings for the signal. The City will construct the traffic signal at a time of its choosing. The City will reimburse Subdivider for the signal design and engineering at a value of $18,824.00.

This reimbursement will occur by offset to the Transportation component of the CFF in the amount of $175.92 per lot for the 107 lots provided in the Subdivision, as indicated in Exhibit I.

3.5. CEQA Mitigation/Oversized Improvements

3.5.1. The following improvements are construction obligations of benefiting parcels within the Specific Plan (“Specific Plan Improvements ”): A Bus Turnout; a barrier at Whitmore Avenue/Boothe Road; a barrier at Whitmore Avenue/Lunar Driv e; and a Water Irrigation Water Well, as further described herein.

3.5.2. The Specific Plan Improvements are an obligation of benefiting parcels within the Specific Plan. Exhibits E-1 and E -2 identify the per parcel obligations for the Bus Turnout, the barrier at Whitmore Avenue/Boothe Road, and the barrier at Whitmore Avenue/Lunar Drive.

Subdivider is constructing the Bus Turnout and is therefore building Improvements greater than its obligation. Exhibit E-1 shows the reimbursement amount for the Bus Turnout that the other parcels are ITEM 10

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responsible for, to be reimbursed to Subdivider until full reimbursement is provided.

3.5.3. An approximately 2 14 gallon per minute Water Irrigation Well will be constructed to provide irrigation water to the dual -use park/basin (“Park/Basin”) within the Specific Plan. This Water Irrigation Well will be sized and constructed to serve the entire Park/Basin as described in the Specific Plan. Exhibit F shows the reimbursement amount owed by benefiting parcels within the Specific Plan.

3.5.4. Exhibit G identifies the total estimated costs and reimbursement obligations for the Specific Plan Improvements, and also includes a current Assessor’s Parcel Map of the benefiting parcels . City shall collect the reimbursement amount from each benefiting parcel at the time of final map recordation of issuance of building permit, whichever comes first. Upon collection of the reimbursement, the City shall promptly remit payment to Subdivider, and the obligation of the applicable parcel(s) for the Specific Plan Improvements shall be considered satisfied.

3.5.5. Consistent with Subdivision Map Act §66486, upon the completion and Acceptance of the Specific Plan Improvements, interest will begin to accrue on the actual reimbursement amounts due from the benefit ing parcels as identified in Exhibits E through G at the rate of four percent (4%) per annum applied each year on January 1.

3.6 Parks

3.6.1 The Subdivision includes adequate parkland to be dedicated and developed that will meet the Subdivision’s park obligations. An analysis of the parkland requirement is contained in Exhibit H. As such, the Park component of the City’s CFF will not be collected for the Subdivision.

3.7 Storm Drainage

3.7.1 The Subdivision will construct its own storm drainage collection and disposal system. As such, the Storm Drainage component of the City’s CFF will not be collected for the Subdivision.

3.8 Amount of Reimbursement

3.8.1 Costs subject to reimbursement or fee offsets will include engineering, construction staking, project management, fees, and actual construction cost, as well as any other costs reasonably related to the construction of the Eligible Improvements. The actual amount reimbursed will be based on verified payments. Subdivider shall provide documentation to the City for verification of costs (including the bid documentation) , as may be reasonably requested by the City.

ITEM 10

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3.8.2 The actual amount subject to reimbursement will be verified by the bids received as described in more detail in Section 3.3. The construction estimates set forth herein (including the Exhibits attached hereto) are the current engineer’s estimate, but will be verified by competitive bid. If the bids come in lower than the estimated amounts, then reimbursement shall be based on the lower amounts. If the bids come in higher than the estimated amounts, the City agrees to increase the reimbursement amount up to 10% of the amounts shown on Exhibits D through F . Upon Subdivider’s written request, City in its sole discretion may agree to increase the reimbursement amount greater than 10% of the estimated amounts based on the actual costs of the Eligible Improvements.

3.8.3 City will have no obligation to reimburse Subdivider for the Specific Plan Improvements shown in Exhibits D through F by any method other than through the collection and reimbursement of fees paid by development projects within the Specific Plan.

3.9 Fee Offsets

3.9.1 Based on the foregoing provisions, Exhibit I has been prepared to show the City’s existing CFF by category (subject to future increases applicable Citywide), the authorized fee offsets, and the adjusted fees that will apply to the Subdivision. The actual fee offsets will be based on actual bids received, and will be consistent with the provisions contained in this Section

3. 4. Improvement Security

4.1. Prior to recordation of a Final Map, Subdivider shall file with the City an “Improvement Security” 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, in an amount determined by the City pursuant to Government Code §66499 through §66499.10, as both faithful performance and payment securities. Faithful performance security shall be delivered in the amount of 100% of the Subdivision Costs to guarantee construction and installation of any Improvements not previously constructed and Accepted by the City.

Payment security shall be delivered in the amount of 100% of the Subdivision Costs to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the Improvements.

4.2. The faithful performance 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.

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4.3. The payment security must be in a form approved by the City Attorney and shall secure payment for the contractor, subcontractors, and persons renting equipment or furnishing labor or materials to them for the work required pursuant to this Agreement.

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

4.5. Subdivider shall deliver a Warranty Bond or security to the City in a form approved by the City Attorney in the amount of 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 infrastructur e 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.

4.6. Subdivider shall deliver a cash deposit in the amount of 2% of the Subdivision Costs, or $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.

4.7. Subdivider shall deliver a Monumentation Security in the form of a cash deposit in the amount of 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.

4.8. Subdivider shall within 30 days give notice of the event and provide additional or new Securities to the City in the following circumstances:
a. In the event any changes or alterations in the construction of the Improvements exceed 10% of the original estimated Subdivision Costs. b. Upon the transfer of 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 pro vide new security in an amount determined in accordance with paragraph 4.1 above.

5. Completion

5.1. Subdivider shall complete all Improvements within two (2) years from the date of this Agreement in a good and workmanlike manner in accordance with accepted ITEM 10

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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. This time limit will be extended by the term of any Tentative Subdivision Map extension approved by City.

5.2. 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.

5.3. If Subdivider fails to complete the Improvements within the period stated in paragraphs

5.1 and 5.2 above, 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. If the vesting protections of the approved Tentative Subdivision Map or recorded Final Map have lapsed, then a t the discretion of the City Engineer, the Improvement Plans may be subject to additional review and may require items to be redesigned to me et new environmental conditions or updated City of Ceres Design Standards, the Ceres Municipal Code, all applicable laws, rules, regulations, ordinances, policies, 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 it s obligations herein, the City may take any appropriate action to enforce the terms of this Agreement, including but not limited to:

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

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

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

5.4. 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.

6. Improvement Plan Warranty

6.1. 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 Acceptance of the Improvements the Improvement Plans prove to be inadequate in any ITEM 10

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respect, Subdivider shall make changes necessary to complete the work required in accordance with the Conditions and Specifications.

7. Guarantee, Warranty and Maintenance

7.1. 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.

7.2. 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 year after City Council Acceptance.

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

8. Fees and Costs

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

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

9. Inspections

9.1. 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.

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

9.3. 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 ITEM 10

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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.

10. Indemnity

10.1. 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.

11. Insurance

11.1. 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: $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.

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

11.2.1. 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.

11.2.2. 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 rating and that is listed on the current List of Eligible Surplus Line Insurers maintained by the California Department of Insurances.

11.2.3. Prior to performing any term or condition of this Agreement, Subdivider shall furnish City with certificates of insurance and with original endorsements effecting ITEM 10

{CW137039.1}
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.

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

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

11.2.6. 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.

11.3. 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:

11.3.1. 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.

11.3.2. 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 C ity's officers, officials, employees, or volunteers shall be excess of the Subdivider's insurance and shall not contribute with Subdivider's insurance.

11.3.3. 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.

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

ITEM 10

{CW137039.1}

11.4. 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.

12. The Subdivision Site

12.1. 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.

12.2. 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.

13. Assignment

13.1. This Agreement shall not be assigned by Subdivider without the prior written consent of the City, which will not be unreasonably withheld.

14. Runs with Land and Recordation

14.1. 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 Securities by the Subdivider’s heirs, successors or assigns. The City shall cause this Agreement to be recorded with the County Recorder.

15. Notice of Completion and As Built Drawings

15.1. 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.

15.2. 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 ITEM 10

{CW137039.1}
page by a Registered Civil Engineer as being "as built drawings" and shall reflect the job as actually constructed, with all changes incorporated therein.

16. Acceptance of the Improvements and Occupancy

16.1. The City will not release the Improvement Security until all Improvements are completed to the satisfaction of the City and Acceptance of Improvements in accordance with the Conditions and Specifications.

16.2. 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 Accepted 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.

16.3. 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 payment 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 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.

17. Effective Date of Agreement

17.1. 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.

18. Special Conditions

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

19. General Terms

19.1. 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.

ITEM 10

{CW137039.1}

19.2. 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.

19.3. 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:

Grant Alvernaz
___________________
___________________
___________________

With a copy to:

___________________
___________________
___________________

19.4. 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.

ITEM 10

{CW137039.1}
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the dates indicated below.

Dated: _________________, 2024

CITY OF CERES

By _______________________
Javier Lopez
Mayor
City of Ceres,
a Municipal Corporation
Dated: _________________, 2024

SUBDIVIDER

By _______________________
Print: _____________________
Company: _________________
Title: _____________________

ATTEST

By _______________________
Fallon Martin
City Clerk

APPROVED AS TO CONTENT

By _______________________
Print______________________
Community Development Director

APPROVED AS TO FORM

By _______________________
Nubia Goldstein
City Attorney

ITEM 10

{CW137039.1}
EXHIBIT “A”

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ITEM 10

{CW137039.1}
EXHIBIT “B”

TENTATIVE MAP CONDITIONS OF APPROVAL

ITEM 10
Stanislaus,
County
Recorder
When
Recorded
mail
to:

RESOLUTION
NO.

PC
21-10
SITE
LOCATION:
069-017-008
APN:APN:
069-017-008WHEREAS,
the
Planning
Commission
held
a
duly
noticed
public
hearing
on
May
17,
2021
at
6:00
p.m.
and
considered
all
testimony
and
comment
presented
whether
orally
or
in
writing;
and,

PROPERTY
OWNER/
APPLICANT: City
of
Ceres
Planning
and
Building
Division
2220
Magnolia
Street
Ceres,
CA
95307

RECORDING

REQUESTED
BY:

CITY
OF
CERES
3340
E.

Whitmore
Avenue
Ceres,
CA
95307
Grant
Alvernaz
and
Steve
Alvernaz
11207
Fulkerth
Road
Turlock,
CA
95380
Lot
6 as
shown
on
that
certain
Parcel
Map
in
the
County
of
Stanislaus,
State
of
California,
filed
November
6,
1967
in
Book
4 of
Parcel
Maps
at
Page
61,
Stanislaus
County
Records. WHEREAS,
the
Planning
Commission
of
the
City
of
Ceres,
State
of
California,
has
considered
said
application
proposing
a
Vesting
Tentative
Subdivision
Map
entitlement
to
subdivide

19.3 acres
into
107
residential
lots
at
3340
E.

Whitmore
Avenue;
and,

WHEREAS,
the
property
affected
by
this
resolution
is
located
at
3340
E.

Whitmore
Avenue,
Ceres,
CA
95307;
and,

WHEREAS,
the
property
affected
by
this
resolution
is
situated
in
the
City
of
Ceres,
County
of
Stanislaus,
and
State
of
California
and
is
described
as
follows:

RESOLUTION
OF
THE
CITY
OF
CERES

PLANNING

COMMISSION

APPROVING
A

VESTING

TENTATIVE

SUBDIVISION
MAP

ENTITLEMENT
TO

SUBDIVIDE

19.3 ACRES
INTO
107

RESIDENTIAL
LOTS
AT
3340
E.

WHITMORE
AVENUE.

APPLICATION
NUMBER:
20-10
VTSM.

Donna
Linder
Co
Recorder
Office
DOC-
2021-0051826-00
Acct
402-Counter
Customers
Friday,
MAY
28,
2021
09:12:11
Ttl
Pd
$0.00
Rcpt
ft
0004615539
0JC/R2/1-40
020219005182600040
ITEM 10

1.2. The
proposal
will
have
no
adverse
effect
on
surrounding
properties.

3. The
proposal
will
not
endanger
any
wildlife
or
wildlife
habitat.

4.5. The
proposed
Vesting
Tentative
Parcel
Map
as
conditioned,
is
consistent
with
the
purpose
and
intent
of
the
“PC
-
69,
Planned
Community
-
69"
zoning
designation
of
the
Whitmore
Ranch
Specific
Plan
(WRSP).

None
of
the
mandatory
findings
for
denial
within
the
State
Subdivision
Map
Act
(Section
66474)
apply
to
this
proposal.

The
proposed
Vesting
Tentative
Subdivision
Map
as
conditioned,
is
consistent
with
the
purpose
and
intent
of
the
“LDR,
Low
Density
Residential”,
“MDR,
Medium
Density
Residential”,
and
“P,
Parks”
designations
of
the
Ceres
General
Plan.THEREFORE,
BE
IT

RESOLVED
by
the
Planning
Commission
of
the
City
of
Ceres
as
follows:

WHEREAS,
the
Planning
Commission
based
on
the
evidence
within
the
staff
report
and
project
file
find
that:

Section

1. The
Planning
Commission
hereby
confirms
that
the
Vesting
Tentative
Subdivision
Map
entitlement
was
reviewed
pursuant
to
the
California
Environmental
Quality
Act
(CEQA)
and
is
determined
to
be
Exempt
per
Section
15182
(Residential
Projects
Pursuant
to
a
Specific
Plan).

The
proposal
is
exempt
from
further
CEQA
analysis
pursuant
to the
Whitmore
Ranch
Specific
Plan
that
was
adopted
by
the
City
in
October
2018
with
an
Environmental
Impact
Report
(EIR).

The
proposed
vesting
tentative
subdivision
map
request
conforms
to
the
Specific
Plan,
thereby
meeting
the
exemption
requirements
of
the
above
noted
CEQA
Guidelines
section.

Section

2. The
establishment
and
operation
of
20-10
VTSM
requires
compliance
with
the
conditions
of
approval
contained
in
this
resolution
and
attached
as
Exhibit
“A”
and
on
file
in
the
Planning
and
Building
Division,
which
shall
be
binding
on
all
heirs,
assignees,
and
successors
in
interest
of
said
property.

Section

3. The
Director
of
Community
Development
or
designee
is
hereby
directed
to
record
this
Resolution
at
the
office
of
the
County
Recorder
of
the
County
of
Stanislaus.

Section

4. The
conditions
of
project
approval
set
forth
herein
include
certain
fees,
dedication
requirements,
reservation
requirements,
and
other
exactions.

Pursuant
to
Government
Code
Section
66020
(d)
(1),
these
conditions
constitute
written
notice
of
a
statement
of
the
amount
of
such
fees,
and
a
description
of
the
dedications,
reservations,
and
other
exactions.

You
are
hereby
further
notified
that
the
ninety
(90)
day
appeal
period
in
which
you
may
protest
these
fees,
dedications,
and
reservations,
ITEM 10
Commissioners
Del
Nero,
Kachel,
Chairperson
Smith
AYES:NOES:

None
ABSENT:

Commissioner
Johnson
ABSTAIN:

None
ATTEST:
and
other
exactions,
pursuant
to
Government
Code
Section
66020
(a),
has
begun.

If
you
fail
to
file
a
protest
within
this
ninety
(90)
day
period
complying
with
all
of
the
requirements
of
Section
66020,
you
will
be
legally
barred
from
later
challenging
such
exaction.
<W
'V
OM

WESTBR'
I
HEREBY

CERTIFY
that
the
foregoing
Resolution
was
duly
and
regularly
adopted
by
the
Planning
Commission
of
the
City
of
Ceres
at
a
regular
meeting
of
said
Planning
Commission
held
on
the
17th
day
of
May
2021,
by
the
following
vote:
it)
OK,

SECRETARY
OF
The
ceres
planning
commission
CITY
OF
CERES
ITEM 10

EXHIBIT
“A”

CONDITIONS
OF

APPROVAL
Vesting
Tentative
Subdivision
Map
#
20-10
City
of
Ceres
3340
E.

Whitmore
Avenue,
Ceres,
CA,
95307

PROJECT

AUTHORIZATION
A.

1.2.3.4. For
deviations
from
ordinance
or
policy
requirements,
the
applicant
shall
submit
a
request
in
a
letter
and
specifically
describe
the
requested
deviation. 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-69
zoning
district
as
applicable,
as
it
exists
now
or
may
be
amended
in
the
future.

Prepared:

May
5,
2021
Approved
by
the
Planning
Commission:

May
17,
2021
Approved
by
the
City
Council:

N/A
Amended
by
Staff/PC/CC
on
N/A
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.

The
Vesting
Tentative
Subdivision
Map
shall
expire
within
24 months
(May
17,
2023)
unless
a
Final
Map
is
filed
by
May
17,
2023,
or
a
request
for
a
second
time
extension
is
received
by
the
City
prior
to
expiration
of
the
permit
and
approved
by
the
Planning
Commission.

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 10
that
existing
streets
exhibit
showing
the
improvements
to
be

10. If
it
becomes
necessary
to
obtain
any
off
site
right
of
way
and
if
the
subdivider/developer
is
unable
to
obtain
the
required
right
of
way,
then
they
shall
pay
to the
City
the
upfront
costs
for
eminent
domain
proceedings
and
enter
into
an
agreement
and
post
security
for
the
purchase
and
improvement
of
said
right
of
way.

7. An
administrative
fee
will
apply
if
the
number
of
phases
or
the
boundaries
of
the
phases
are
changed.

5. Approval
of
this
tentative
map
does
not
indicate
approval
of
grading,
drainage
lines
and
appurtenant
facilities
shown,
or
any
variations
from
ordinance,
standard,
and
policy
requirements
which
have
neither
been
requested
nor
specifically
approved.

9. The
subdivider/divider
is
responsible
for
verifying
within
the
boundary
of
the
tract
are
constructed
to
City
Standards
or
per
the
Whitmore
Ranch
Specific
Plan
and
they
will
reconstruct
streets
within
the
boundary
if
not to
standard.

8. Or,
if
the
number
of
phases
and
phase
boundary
lines
are
not
shown
on
the
tentative
map,
then
prior
to
the
submission
of
improvement
plans,
the
developer
shall
supply
to
the
City
Engineer
an
proposed
phases
and
phase
boundary
lines.

The
constructed
with
each
phase.

6. If
the
number
of
phases
or
the
boundaries
of
the
phases
are
changed,
the
developer
must
submit
to
the
City
Engineer
an
exhibit
showing
the
number
and
configuration
of
the
proposed
phases.

The
City
Engineer
will
review
the
exhibit
and
determine
the
order
and
extent
of
improvements
to
be
constructed
with
each
new
phase.

The
improvement
plans
will
require
revision
to
conform
to
the
new
conditions.

12. The
subdivider/developer
shall
submit
an
enforceable,
recordable
document
approved
by
the
City
Attorney
to
be
recorded
concurrently
with
the
Final
Map
containing
information
with
respect
to
the
addition
of
this
subdivision
to
the
consolidated
maintenance
district.

Said
covenant
shall
also
contain
information
pertaining
to
the
maximum
anticipated
annual
cost
per
single
family
dwelling
for
the
maintenance
of
landscaping
associated
with
this
tract.

Said
covenant
shall
be
provided
to
each
new
property
owner
through
the
escrow
proceedings.

If
the
parcel
is
already

11. The
subdivider/developer
shall
submit
an
enforceable,
recordable
document
approved
by
the
City
Attorney
to
be
recorded
concurrently
with
the
Final
Map
which
will
prohibit
occupancy
of
any
lot
until
all
improvements
have
been
completed
by
the
subdivider
and
accepted
by
the
City.

ITEM 10

PROJECT

SPECIFIC

CONDITIONS
B.
within
a
consolidated
maintenance
district,
the
owner
shall
update
the
maintenance
district
documents,
including
a
Proposition
218
Ballot
and
Covenant,
which
shall
be
signed
and
notarized.

1. The
developer
shall
fulfill
all
the
requirements
of
the
Whitmore
Ranch
Specific
Plan.

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:

7. The
final
map
shall
be
in
substantial
conformance
to the
approved
Vesting
Tentative
Subdivision
Map,
as
conditioned,
and
that
the
development
shall
be
consistent
with
the
applicable
sections
of
the
Ceres
Municipal
Code
and
the
Whitmore
Ranch
Specific
Plan.

5. Prior
to
approval
of
the
final
map,
the
applicant
shall
complete
or
guarantee
completion
in
a
form
satisfactory
to
the
Engineering
Services
Department,
any
required
improvements
for
this
entitlement
to
the
satisfaction
of
the
City
which
may
include,
but
are
not
be
limited
to:
ensuring
that
public
water
and
sewer
services
are
available
to
serve
the
lots
of
the
subdivision;
installation
of
roadway
and
curb,
gutter,
and
sidewalk
and
frontage
landscaping
improvements;
and
curb
cuts
for
future
driveways
for
said
lots.

2. The
developer
shall
fulfill
the
terms
of
the
agreements
with
the
Ceres
Unified
School
District,
regarding
off-site
improvements.

3. The
developer
shall
enter
or
join
the
City
of
Ceres
Community
Facility
District
and
fulfill
the
necessary
requirements.

6. The
Vesting
Tentative
Subdivision
Map
shall
create
107
residential
lots
(comprised
of
77 Low
Density
Residential
lots
and
30 Medium
Density
Residential
lots)
and
Lots
“A”
and
“B”
on
a

19.3 +/-
acre
site.

Prior
to
constructing
any
homes
for
this
subdivision,
the
applicant
must
receive
approval
of
a
Planned
Community
Development
Plan
(PCDP)
entitlement
from
the
City
Planning
Commission
(and
if
applicable,
the
City
Council)
for
the
home
designs
and
their
placement
on
the
lots.

4. The
applicant
shall
respond
in
writing
to
all
conditions
contained
in
this
document
and
its
attachments.

Responses
shall
be
in
a
letter
format
with
each
condition
numbered
and
indexed
for
reference
and
shall
describe
how
the
condition
has
been
met
and
shall,
where
applicable,
direct
the
plan
checker
to the
page
and/or
drawing
detail
that
demonstrates
compliance
with
the
condition.

A
copy
of
these
responses
shall
be
provided
with
each
set
of
the
final
map
and
improvement
plans.

ITEM 10
a.

12. The
subdivision
right-of-way
areas
shall
be
dedicated
and
appropriately
developed
to
meet
the
following
improvement
width
standards
and
consistent
with
the
Whitmore
Ranch
Specific
Plan:

8. The
applicant
shall
enter
into
a
reimbursement
benefit
district
agreement
with
the
City
as
part
of
this
project.

This
agreement
is
intended
to
cover
the
applicant’s
costs
for
the
construction
of
off-site
infrastructure
improvements
being
provided
with
the
proposed
project
including
but not
limited
to:
park/storm
drainage
systems,
landscaped
areas,
community
facilities
district,
EIR
work,
water
lines,
sewer
lines,
paved
roadways,
school
district
improvements
etc.

The
homebuilder
shall
be
required
to
pay
a
fee
per
dwelling
unit
that
is
in
place
at
the
time
the
building
permit
is
issued
to
cover
the
costs
of
these
improvements.

Whitmore
Avenue
along
the
north
end
of
the
subdivision
shall
include
the
existing
30-foot
right-of-way
with
an
additional
20 feet of
dedicated
right-of-way
for
a
total
of
50 feet
of
right-of-way
from
centerline,
and
include
the
following
improvements:
landscape
area,
block
wall,
sidewalk,
stamped
concrete
median,
parkway,
and
pavement
for
one
additional
travel
lane
as
illustrated
with
detail
“H”
on
page
2 of
3 of
the
tentative
map.

9. Building
permits
shall
not
be
issued
for
the
new homes
for
this
subdivision
prior
to
the
recordation
of
the
final
map.

Building
permit(s)
for
the
new
homes
shall
be
subject
to
City
and
County
Public
Facility
Fees,
Ceres
Unified
School
District
Fees,
and
the
applicable
Whitmore
Ranch
Specific
Plan
Fees
in
place
at
the
time
of
development.

These
fees
may
be
adjusted
yearly
based
on
the
construction
cost
index.

11. The
applicant
shall
construct
the
full
street
improvements
associated
with
this
Vesting
Tentative
Subdivision
Map
to
the
satisfaction
of
the
City
Engineer.

All
improvements
shall
be
constructed
in
accordance
with
City
Standards
or
the
Whitmore
Ranch
Specific
Plan.

Prior
to
recordation
of
the
final
map,
the
applicant
shall
complete
or
guarantee
completion
in
a
form
satisfactory
to the
City
Engineer,
the
required
improvements
(i.e.
vertical
face
curb,
gutter,
sidewalk,
storm
drainage
lines,
water
lines,
sewer
lines,
streetlights,
and
street/roadway
pavement,
intersection
signalization,
landscaping,
etc.)
for
this
entitlement
to
the
satisfaction
of
the
City.
lO.Easements/Agreements/Dedications
for
roadway
access,
emergency
vehicle access
(EVA),
parking,
landscaping
and
public
utilities
(i.e.
storm
drain
system,
sanitary
sewer
and
water
main
utilities)
over
the
proposed
property
shall
be
as
determined
by
the
City
Engineer.

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

ITEM 10
b.c.d.e.f.a.

Install
a
minimum
16-inch
transmission
water
main
line
within
Whitmore
Avenue
adjacent
to
the
proposed
subdivision
and
connecting
it
to
the
existing
12-inch
line
in
Whitmore
Avenue.

One-way
streets “Street
F”
and
“Street
G”
of
the
subdivision
shall
include
31 feet of
dedicated
right-of-way
and
include
the
following
improvements:
19 feet
of
roadway
(consisting
of
pavement
for
an
11 -foot
wide
travel
lane
and
an
8-foot
wide
parking
lane),
and
a
6-
foot
wide
landscape
area
with
a
5-foot
wide
sidewalk
along
the
parking
lane
side
of
each
street
as
illustrated
with
detail
“A”
on
page
2 of
3 of
the
tentative
map.

Proposed
Lot
“B”
(aka:
the
Park/Storm
Drain
Retention
Basin)
of
the
subdivision
shall
include
125
feet
of
dedicated
right-of-way
and
include
the
basin
and
a
6-foot
wide
sidewalk
with
a
6-foot
wide
landscape
planter
area
along
each
side
of
the
basin
as
illustrated
with
detail
“G”
on
page
2 of
3 of
the
tentative
map.

The
two
Alleys
proposed
of
the
subdivision
shall
include
28 feet of
dedicated
right-of-way
and
include
the
following
improvements:
20 feet of
paved
alleyway
and
a
4-foot
wide
landscape
area
along
each
side
of
the
alleyway
as
illustrated
with
detail
“D”
on
page
2 of
3 of
the
tentative
map.

Lunar
Drive
along
the
west
end
of
the
subdivision
shall
include
44 feet of
the
60 feet
of
dedicated
right-of-way
and
include
the
following
improvements:
a
3-foot
wide
drainage
swale,
pavement
for
two
11 -foot
wide
travel
lanes,
a
5-foot
wide
bike
lane,
a
9-foot
wide
parking/landscape
area,
and
a
5-foot
wide
sidewalk
as
illustrated
with
detail
“E”
on
page
2 of
3 of
the
tentative
map.

Improvements
will
be
to
industry
standard
or
as
approved
by
the
City
Engineer.

13. In
regard
to
providing
water
service
for
this
project,
the
applicant
shall
provide
the
necessary
improvements
as
illustrated
on
the
tentative
map
and
all
improvements
necessary
to
extend
utility
service
to
the
subdivision,
to
the
satisfaction
of
the
City:

Local
Roads
“Street
A”,
“Street
B”,
“Street
C”,
“Street
D”,
“Street
E”,
and
“Street
H”
of
the
subdivision
shall
include
54 feet of
dedicated
right-of-way
and
include
the
following
improvements:
34 feet
of
roadway
(consisting
of
pavement
for
two
7-foot
wide
parking
lanes
and
two
10-foot
wide
travel
lanes),
and
a
5-foot
wide
landscape
area
with
a
5-foot
wide
sidewalk
along
each
side
of
the
parking
lanes
as
illustrated
with
detail
“C”
on
page
2 of
3 of
the
tentative
map.

ITEM 10
b.a.b.c.a.b.

16. Setbacks
for
each
residential
lot
for
this
vesting
tentative
subdivision
map
shall
be
measured
from
their
respective
property
lines.

The
front
setback
for
each
residential
lot
for
this
vesting
tentative
subdivision
map
shall
be
measured
from
the
back
of
sidewalk
(which
is
also
the
property
line
as
noted
in
the
Whitmore
Ranch
Specific
Plan).

Install
minimum
15-inch
and
18-inch
RCP
pipe
storm
drain
lines
within
the
proposed
streets
and
easements
as
illustrated
on
the
tentative
map
or
as
required
to
meet
City
Standards.

All
other
sanitary
sewer
lines shall
meet
City
Standards
and
shall
be
approved
by
the
City
Engineer.

Install
a
minimum
12-inch
sanitary
sewer
line
at
the
south
end
of
Lunar
Drive
and
Stanford
Road
right-of-way
area,
that
runs
westward
to
Moore
Road,
and
continuing
said
line
southward
along
Moore
Road
to
the
point
of
connection
at
the
Roeding
Road
and
Moore
Road
intersection.

Install
a
minimum
18-inch
sanitary
sewer
main
line
within
Roeding
Road,
that
runs
from
the
Roeding
Road
and
Moore
Road
intersection
to
the
point
of
connection
at the
Mitchell
Road
and
Roeding
Road
intersection.

Install
minimum
8-inch
water
lines
within
the
proposed
streets
and
easements
as
illustrated
on
the
tentative
map.

15. In
regard
to
addressing
projected
storm
drainage
associated
with
this
project,
the
applicant
shall
provide
the
following
improvements
to the
satisfaction
of
the
City:

14. In
regard
to
providing
sanitary
sewer
service
for
this
project,
the
applicant
shall
provide
the
necessary
improvements
as
illustrated
on
the
tentative
map
and
all
improvements
necessary
to
extend
utility
service
to
the
subdivision,
to
the
satisfaction
of
the
City:

The
applicant
shall
construct
proposed
Lots
“A”
and
“B”
(aka:
central
park
area)
of
this
subdivision,
which
shall
be
utilized
for
the
purposes
of
landscaping
and
storm
drainage
associated
with
the
proposed
subdivision
as
illustrated
on
the
tentative
map.

Both
Lots
“A”
and
“B”
shall
be
appropriately
landscaped
and
irrigated
consistent
with
Sections

6.26 (Plant
Palette
and
Design)
and

6.27 (Irrigation
and
Water
Conservation)
of
the
Whitmore
Ranch
Specific
Plan
and
City
Standards.

This
shall
be
completed
to
the
satisfaction
of
the
City
Engineer.

ITEM 10

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

24. All
water
mains
in
the
proposed
subdivision
shall
be
of
a
minimum
diameter
of
eight
(8”)
inches.

23. All
interior
streets
shall
be
constructed
consistent
with
adopted
City
Standards
or
as
specified
in
the
Whitmore
Ranch
Specific
Plan
as
approved
by
the
City
Engineer.

Drive-over
type
curb
and
gutter
is
not
permitted.

22. Proposed
street
names
and
signs
shall
be
subject
to
review
and
approval
by
the
City
Engineer.

21. Prior
to
final
acceptance,
the
subdivider
shall
provide
the
City
with
copies
of
the
final
map
and
record
the
construction
drawings
in
an
Auto
Cad
and
PDF
format.

Additionally,
the
record
construction
drawings
shall
also
be
provided
on
5mil
mylar.

20. As
required,
all
existing
utilities
shall
be
properly
abandoned
or
relocated
to
the
minimum
standards
recognized
by
the
respective
Local,
State
or
Private
authority
or
owner.

It
is
the
responsibility
of
the
subdivider
to
coordinate
with
all
involved
agencies
to
ensure
proper
inspections
and
approval.

19. Survey
monuments
shall
be
installed
at
intersections
consistent
with
the
City
of
Ceres
standards
and
in
accordance
with
the
California
Subdivision
Map
Act.

18. All
front
yard,
exterior
side-yard,
street
frontage
areas
and
alleys
for
each
residential
lot
of
this
subdivision
shall
initially
be
landscaped
by
the
developer
as
approved
by
the
Director
of
Community
Development
and
automatic
irrigation
systems
with
seven-day
timers
shall
be
installed
for
these
areas.

Said
areas
shall
be
appropriately
landscaped
with
select
plant
species
(consistent
with
Section

6.26 Plant
Palette
and
Design
of
the
Whitmore
Ranch
Specific
Plan)
to
comply
with
the
State
of
California’s
Model
Water
Efficiency
Landscape
Ordinance
(MWELO)
requirements.

Following
the
developer’s
completion
of
the
installation
of
the
landscaping
improvements,
it
shall
then
be
the
responsibility
of
the
future
home
owners/tenants
of
these
residential
lots
to
maintain
said
landscaping
along
the
front
yard,
exterior
side-yard,
street
frontage
areas,
and
alleys
of
said
residential
lots
to
the
satisfaction
of
the
City.

17. Tree
planting
areas/easements
along
all
project streets
and
alleys
shall
be
recorded
on
all
lots,
which
shall
be
consistent
with
Roadway
Design
Improvements
Section

5.23 of
the
Whitmore
Ranch
Specific
Plan.

ITEM 10

PROJECT

SPECIFIC

MITIGATION

MEASURES
C.

Prior
to
Recordation
of
the
Final
Map

1. In
accordance
with
MM

3.2-1
of
the
Whitmore
Ranch
Specific
Plan
EIR,
prior
to
the
approval
of
improvement
plans,
building
permits,
or
recordation
of
the
final
map,
project
applicants
for
projects
in
the
Specific
Plan
Area
shall
offset
the
loss
of
Prime
Farmland.

This
shall
be
done
in
coordination
with
the
City,
through
the
acquisition
of
conservation easements
in
Stanislaus
County
at
a 1:1
ratio
(i.e.,
1 acre
on
which
easements
are
acquired
to
1 acre
of
Prime
Farmland
removed
from
agricultural
use)
that
provide
in-kind
or
similar
resource
value
protection;
payment
of
in-lieu
fees
to
an
established,
qualified,
mitigation
program
to
fully
fund
the
acquisition
and
maintenance
of
agricultural
land
or
easements;
or
compliance
with
the
City’s
Plan
for
Agricultural
Preservation,
as
adopted
by
Stanislaus
LAFCO
in
accordance
with
LAFCO
Policy

22. 32.

All
public
infrastructure
will
meet
the
minimum
standards
and
requirements
called
for
in
the
Whitmore
Specific
Plan,
City
Standards,
Sewer
Study,
Water
Study, Storm
Drain
Study
and
all
other
applicable
planning
documents.

31. The
subdivider/developer
shall
comply
with
all
applicable
Local,
State
and
Federal
regulations
and
requirements.

29. The
subdivider/developer
shall
comply
with
any
requirements
imposed
by
the
Turlock
Irrigation
District
(TID).

30. The
subdivider/developer
shall
comply
with
any
requirements
imposed
by
the
San
Joaquin
Valley
Air
Pollution
Control
District
(SJVAPCD).

27. Public
utility
easements
required
by
the
utility
companies
serving
the
project
shall
be
dedicated
by
the
final
map.

28. 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
City
Engineer.

26. The
subdivider/developer
shall
be
responsible
for
all
dust
control
during
the
construction
of
this
subdivision.

The
applicant
shall
comply
with
the
Mitigation
Measures
(MM)
listed
in
Appendix
B
(the
Mitigation
Monitoring
and
Reporting
Program)
of
the
Whitmore
Ranch
Specific
Plan
Environmental
Impact Report
(EIR)
as
applicable
to
this
proposed
project.

Such
mitigation
measures
shall
include,
but
are
not
limited
to:

ITEM 10

3. In
accordance
with
MM

3.9-3
of
the
Whitmore
Ranch
Specific
Plan
EIR,
a
detailed
BMP
and
water
quality
maintenance
plan
shall
be
prepared
by
a
qualified
engineer
retained
by
the
project
applicant.

Drafts
of
the
plan
shall
be

2. In
accordance
with
MM

3.7-1
b
of
the
Whitmore
Ranch
Specific
Plan
EIR,
the
following
mitigation
measures
shall
be
implemented
to
reduce
GHG
emissions
to
an
emissions
rate
per
service
population
that
would
be
consistent
with
the
emissions
rate
for
land
use-related
emissions
needed
to
achieve
the
State’s
emission
targets
for
2030
(Executive
B-30-15
and
SB
32)
and
2050
(Executive
Order
S-3-05):

Provide
EV-ready
parking
spaces
with
electric
vehicle
charging
stations
for
at
least
3%
of
the
parking
spaces
provided
in
the
HDR-designated
area.

Projects
may
propose
alternative
mitigation
strategies
to
those
listed
above
that
are
determined
by
the
City
to
achieve
a
GHG
emissions
to
an
emissions
rate
per
service
population
that
would
be
consistent
with
the
emissions
rate
for
land
use-related
emissions
needed
to
achieve
the
State’s
emission
targets
for
2030
(SB
32)
and
2050
(Executive
Order
S-3-05).

One
alternative
to
accomplish
this
performance
standard
could
be,
for
the
life
of
the
project,
to
participate
in
TID’s
B-Green
Energy
Program,
which
is
a
renewable
energy
program
providing
credits
that
are
in
excess
of
the
legislatively
mandated
renewable
portfolio
standard.

As
an
alternative,
if
the
City
has
developed
a
greenhouse
gas
reduction
program
consistent
with
CEQA
Guidelines
Section
15183.5,
projects
proposed
under
the
Specific
Plan
may
demonstrate
consistency
with
the
City’s
greenhouse
gas
reduction
program
as
alternative
to
implementing
the
mitigation
measures
listed
above.

When
project
applications
for
projects
located
in
the
Specific
Plan
Area
are
deemed
complete
by
the
City,
the
City
will
communicate
with
Stanislaus
Regional
Transit
and
Ceres
Area
Transit
to
determine
whether
the
Specific
Plan
Area
can
accommodate
an
extension
of
transit
and
whether
an
additional
bus
stop
should
be
provided
on
the
south
side
of
Whitmore
Avenue.

If
the
City
determines
that
a
bus
stop
should
be
provided,
projects
shall
be
designed,
as
applicable,
to
accommodate
the
provision
of
a
bus
stop,
a
turnout,
a
bus
shelter,
bench,
route
information,
and
other
appropriate
amenities
identified
by
the
City,
including
shade,
lighting,
and
trash
receptacles.

Provide
safe
and
convenient
pedestrian
and
bicycle
connections
to
the
Central
Park
Blocks,
to
schools
within
the
Specific
Plan
Area,
and to
existing
and
planned
pedestrian/bicycle
facilities
along
Whitmore
Avenue
and
Moore
Road,
which
connect
to
destinations
in
the
vicinity
of
the
Specific
Plan
Area.

Projects
proposed
under
the
Specific
Plan
shall
be
consistent
with
the
allowable
densities
and
land
uses
specified
in
the
Specific
Plan
and
in
the
EIR
Project
description.

ITEM 10
A
pond
management
component
for
the
proposed
detention
basin
that
shall
include
management
and
maintenance
requirements
for
the
design
features
and
BMPs,
and
responsible
parties
for
maintenance
and
funding.

5. In
accordance
with
MM

3.13-1
of
the
Whitmore
Ranch
Specific
Plan
EIR,
prior
to
the
issuance
of
any
building
permit,
the
project
applicants
for
projects
proposed
under
the
Specific
Plan
shall
pay
to
the
City,
the
fees
adopted
by
Chapter

3.13 of
the
City
of
Ceres
Municipal
Code.

The
fee
shall
be
determined
by
the
fee
schedule
in
effect
on
the
date
the
building
permit
application
is
submitted
and
deemed
complete
by
City
staff.

Per
Chapter

3.11 of
the
City
of
Ceres
Municipal
Code,
projects
applicants
for
projects
proposed
under
the
Specific
Plan
shall
be
required,
before
the
approval
of
final
maps,
to
participate
in
the
establishment
of
LID
control
measures
shall
be
integrated
into
the
BMP
and
water
quality
maintenance
plan.

These
may
include,
but
are
not
limited
to:
-
surface
swales;
-
replacement
of
conventional
impervious
surfaces
with
pervious
surfaces
(e.g.,
porous
pavement);
-
impervious
surfaces
disconnection;
and
-
trees
planted
to
intercept
stormwater.
submitted
to
the
City
of
Ceres
Engineering
Services
Department
for
review
and
approval
concurrently
with
development
of
the
final
subdivision
maps.

The
plan
shall
finalize
the
water
quality
improvements
and
further
detail
the
structural
and
nonstructural
BMPs
proposed
for
the
project.

The
plan
shall
include
the
following
elements
described
below.

Source
control
programs
to
control
water
quality
pollutants,
which
may
Include,
but
are
not
limited
to
recycling,
street
sweeping,
storm
drain
cleaning,
household
hazardous
waste
collection,
waste
minimization,
prevention
of
spills
and
illegal
dumping,
and
effective
management
of
public
trash
collection
areas.

Pre-development
and
post-development
calculations
demonstrating
that
the
proposed
water
quality
BMPs
meet
or
exceed
requirements
established
by
the
City
of
Ceres
and
including
details
regarding
the
size,
geometry,
and
functional
timing
of
storage
and
release
pursuant
to the
City
of
Ceres
Public
Works
Department
Engineering
Improvement
Standards.

A
quantitative
hydrologic
and
water
quality
analysis
of
proposed
conditions
incorporating
the
proposed
drainage
design
features,
which
shall
include
final
water
quality
basin
sizing
and
design
configuration.

4. In
accordance
with
MM

3.9-4b
of
the
Whitmore
Ranch
Specific
Plan
EIR,
Implement
Mitigation
Measure

3.9-3:
(Develop
and
Implement
a
Best
Management
Practice
and
Water
Quality
Maintenance
Plan).

ITEM 10
a
community
facilities
district
for
the
purpose
of
imposing
a
residential
service
operations
fee,
or
if
such
district
has
been
previously
established,
to
annex
the
proposed
residential
project
to
the
existing
district.

The
community
facilities
district
shall
be
established,
or
properties
shall
be
annexed
to
an
existing
district,
pursuant
to
the
provisions
of
California
Government
Code
Sections
53318,
et
seq.

The
precise
amount
of
the
annual
residential
services
operations
fee
to
be
levied
against
those
properties
included
within
the
district
shall
be
determined
at
the
time
of
the
initial
formation
of
the
district
and
in
accordance
with
the
statutes
and
laws
applicable
to
the
levying
of
such
fees.

6. In
accordance
with
MM

3.13-2
of
the
Whitmore
Ranch
Specific
Plan
EIR,
Implement
Mitigation
Measure

3.13-1
(Demonstrate
Payment
of
Public
Facilities
Fee
and
Annexation
into
a
Community
Facilities
District).

7. In
accordance
with
MM

3.13-6
of
the
Whitmore
Ranch
Specific
Plan
EIR,
project
applicants
for
projects
proposed
under
the
Specific
Plan
shall
prepare
a
detailed
water
conveyance
infrastructure
improvement
plan
that
depicts
the
locations
and
appropriate
sizes
of
all
required
conveyance
infrastructure,
in
conjunction
with
other
site-specific
improvement
plans.

Proposed
on-site
water
facilities
shall
be
designed
and
sized
to
provide
adequate
service
to
the
project
site
for
the
amount
of
development
identified
in
the
tentative
subdivision
map,
based
on
City
of
Ceres
Improvement
Standards.

A
final
water
conveyance
infrastructure
improvement
plan
shall
be
approved
by
the
City
of
Ceres
Engineering
Division
before
approval
of
the
final
subdivision
map
and
issuance
of
building
permits
from
the
City
of
Ceres
Planning
and
Building
Division.

All
required
infrastructure
shall
be
in
place
prior
to
occupancy
of
development
anticipated
under
the
proposed
project.

8. In
accordance
with
MM

3.13-7
of
the
Whitmore
Ranch
Specific
Plan
EIR,
project
applicants
for
projects
proposed
under
the
Specific
Plan
shall
prepare
a
detailed
wastewater
infrastructure
improvement
plan
that
depicts
the
locations
and
appropriate
sizes
of
all
required
conveyance
infrastructure
in
conjunction
with
other
site-specific
improvement
plans.

Proposed
on-site
wastewater
facilities
shall
be
designed
and
sized
to
provide
adequate
service
to
the
project
site
for
the
amount
of
development
identified
in
the
tentative
subdivision
map
based
on
the
City’s
Sewer
System
Management
Plan
and
the
City’s
Improvement
Standards.

A
final
wastewater
infrastructure
improvement
plan
shall
be
approved
by
the
City
of
Ceres
Engineering
Department
before
approval
of
the
final
subdivision
map
by
the
City
Council.

All
required
infrastructure
shall
be
in
place
prior
to
occupancy
of
development
anticipated
under
the
proposed
project.

ITEM 10
Prior
to
approval
of
Improvement
Plans
Prior
to
and
During
Construction

11. In
accordance
with
MM

3.4-1a
of
the
Whitmore
Ranch
Specific
Plan
EIR,
Tree
removal
shall
be
completed
during
the
nonbreeding
season
for
raptors
(between
September
1 and
the
end
of
February).

10. In
accordance
with
MM

3.3-3
of
the
Whitmore
Ranch
Specific
Plan
EIR,
site
developers/leaseholders/project
applicants
who
wish
to
develop
facilities
in
the
Specific
Plan
Area
shall
construct
all
facilities
using
current
phase
construction
equipment
(currently
Tier
4)
to
reduce
exposure
of
sensitive
receptors
to
any
toxic
air
contaminants.

9. In
accordance
with
MM

3.11-3
of
the
Whitmore
Ranch
Specific
Plan
EIR,
the
project
applicant(s)
and
contractor(s)
for
proposed
residential
development
along
Whitmore
Avenue
that
could
be
exposed
to
transportation
noise
levels
in
excess
of
City
noise
policies
shall
incorporate
one
or
both
of
the
following
strategies
to
ensure
noise
exposure
levels
that
are
consistent
with
the
Ceres
2035
General
Plan:To
avoid,
minimize,
and
mitigate
potential
impacts
on
Swainson’s
hawk
and
other
raptors
(not
including
burrowing
owl)
nesting
on
or
adjacent
to
the
project
site,
the
project
applicant
shall
retain
a
qualified
biologist
to
conduct
preconstruction
surveys
and
identify
active
nests
on
and
within

0.5 mile
of
the
project
site
for
construction
activities
conducted
during
the
breeding
season
(between
March
1 and
August
31).

The
surveys
shall
be
conducted
before
the
approval
of
grading
and/or
improvement
plans
(as
applicable)
and
no
less
than
14 days
and
no
more
Construct
sound
walls
along
the
affected roadways,
between
the
Specific
Plan
Area
and
the
roadways
with
noise
levels
above
65 dB
Ldn.

After
all
practical
site
planning
and
design
strategies
are
exhausted,
the
City
may
allow
construction
of
sound
walls
along
the
south
side
of
Whitmore
Avenue,
if
needed,
to
achieve
acceptable
or
conditionally
acceptable
exterior
noise
exposure
policies
in
the
Ceres
2035
General
Plan.

Soundwalls
should
be
high
enough
to
cut
the
line
of
sight
between
the
roadway
and
outdoor
gathering
areas.

Provide
site
planning
and
design
strategies
demonstrated
to
achieve
acceptable
or
conditionally
acceptable
exterior
noise
exposure
policies.

This
can
include
placing
distance
between
outdoor
gathering
spaces
and
Whitmore
Avenue,
placement
of
buildings
between
Whitmore
Avenue
and
outdoor
gathering
spaces
associated
with
proposed
residential
uses,
or
other
approaches
that
are
demonstrated
to
achieve
acceptable
or
conditionally
acceptable
exterior
noise
exposure
policies
in
the
Ceres
2035
General
Plan.

ITEM 10

12. In
accordance
with
MM

3.4-1
b
of
the
Whitmore
Ranch
Specific
Plan
EIR,
to
avoid,
minimize,
and
mitigate
potential
impacts
on
burrowing
owls,
the
project
applicant
shall
retain
a
qualified
biologist
to
conduct
focused
breeding
and
nonbreeding
season
surveys
for
burrowing
owls
in
areas
of
suitable
habitat
on
and
within
1,500
feet of
the
project
site.

Surveys
will
be
conducted
prior
to
the
start
of
construction
activities
and
in
accordance
with
Appendix
D
of
CDFW’s
Staff
Report
on
Burrowing
Owl
Mitigation
(2012).

If
no
occupied
burrows
are
found,
a
letter
report
documenting
the
survey
methods
and
results
will
be
submitted
to
CDFW
and
no
further
mitigation
will
be
required.

If
an
active
burrow
is
found
during
the
breeding
season
(between
February
1 and
August
31),
occupied
burrows
will
not
be
disturbed
and
will
be
provided
with
a
150-
to
1,500-foot
protective
buffer
unless
a
qualified
biologist
verifies
through
noninvasive
means
that
either:
(1)
the
birds
have
not begun
egg
laying,
or
(2)
juveniles
from
the
occupied
burrows
are
foraging
independently
and
are
capable
of
independent
survival.

The
appropriate
size
of
the
buffer
(between
150
and
1,500
feet)
will
depend
on
the
time
of
year
and
level
of
disturbance,
as
outlined
in
the
CDFW
Staff
Report
(2012:9).

Once
the
fledglings
are
capable
of
independent
Impacts
on
nesting
Swainson’s
hawks
and
other
raptors
shall
be
avoided
by
establishing
appropriate
buffers
around
active
nest
sites
identified
during
preconstruction
raptor
surveys.

No
project
activity
shall
commence
within
the
buffer
areas
until
a
qualified
biologist
has
determined
in
coordination
with
CDFW
the
young
have
fledged,
the
nest
is
no
longer
active,
or
reducing
the
buffer
would
not
result
in
nest
abandonment.

CDFW
guidelines
recommend
implementation
of

0.25-
or

0.5-mile-wide
buffers,
but the
size
of
the
buffer
may
be
adjusted
if
a
qualified
biologist
and
the
City,
in
consultation
with
CDFW,
determine
that
such
an
adjustment
would
not
be
likely
to
adversely
affect
the
nest.
than
30 days
before
the
beginning
of
construction.

Guidelines
provided
in
Recommended
Timing
and
Methodology
for Swainson’s
Hawk
Nesting
Surveys
in
the
Central
Valley
(Swainson’s
Hawk
Technical
Advisory
Committee
2000)
shall
be
followed
for
surveys
for
Swainson’s
hawk.

If an
active
burrow
is
found
during
the
nonbreeding
season
(between
September
1 and
January
31),
the
project
applicant
will
consult
with
CDFW
regarding
protection
buffers
to
be
established
around
the
occupied
burrow
and
maintained
throughout
construction.

If
occupied
burrows
are
present
that
cannot
be
avoided
or
adequately
protected
with
a
no-disturbance
buffer,
a
burrowing
owl
exclusion
and
relocation
plan
will
be
developed
in
consultation
with
CDFW
and
in
accordance
with
CDFW’s
Staff
Report
on
Burrowing
Owl
Mitigation
(2012).

Owls
will
be
relocated
outside
of
the
impact
area
using
passive
or
active
methodologies
developed
in
consultation
with
CDFW
and
may
include
active
relocation
to
preserve
areas
if
approved
by
CDFW
and
the
preserve
managers.

No
burrowing
owls
will
be
excluded
from
occupied
burrows
until
the
burrowing
owl
exclusion
and
relocation
plan
is
approved
by
CDFW.

ITEM 10

13. In
accordance
with
MM

3.4-2
of
the
Whitmore
Ranch
Specific
Plan
EIR,
to
the
extent
feasible,
City
shall
encourage
vegetation
removal,
grading,
and
other
ground
disturbing
activities
to
be
carried
out
during
the
nonbreeding
season
(between
September
1 and
January
31)
for
protected
bird
species
in
this
region
to
avoid
and
minimize
impacts
to
loggerhead
shrike
and
other
nesting
birds.

For
any
project
activity
that
would
occur
during
the
nesting season
(between
February
1 and
August
31),
the
project
applicant
shall
conduct
a
preconstruction
survey.

The
preconstruction
survey
shall
be
conducted
by
a
qualified
biologist
before
any
activity
occurring
within
500
feet
of
suitable
nesting
habitat
for
any
If
active
burrowing
owl
nests
are
found
on
the
project
site
and
these
nest
sites
are
lost
as
a
result
of
implementing
the
project,
then the
project
applicant
shall
mitigate
the
loss
through
preservation
of
other
known
nest
sites
at
a
ratio
of
1:1.

Preservation
shall
be
provided
through
purchase
of
credits
from
a
CDFW-
approved
burrowing
owl
conservation
bank
if
credits
are
available
in
an
appropriate
location.

If
mitigation
credits
are
not
available,
the
applicant
shall
develop
a
mitigation
and
monitoring
plan
for
the
compensatory
mitigation
areas
in
consultation
with
CDFW.

The
mitigation
and
monitoring
plan
will
include
detailed
information
on
the
habitats
present
within
the
preservation
areas,
the
long-term
management
and
monitoring
of
these
habitats,
legal
protection
for
the
preservation
areas
(e.g.,
conservation
easement,
declaration
of
restrictions),
and
funding
mechanism
information
(e.g.,
endowment).

All
burrowing
owl
mitigation
lands
shall
be
preserved
in
perpetuity
and
incompatible
land
uses
shall
be
prohibited
in
habitat
conservation
areas.

Burrowing
owl
mitigation
lands
shall
be
located
as
close
as
possible,
based
on
availability
of
sufficient
suitable
habitat,
to
the
project
site.

The
project
applicants
shall
transfer
said
burrowing
owl
mitigation
land,
through
either
conservation
easement
or
fee
title,
to
a
third-party,
nonprofit
conservation
organization
(Conservation
Operator),
with
the
City
and
CDFW
named
as
third-party
beneficiaries.

The
Conservation
Operator
shall
be
a
qualified
conservation
easement
land
manager
that
manages
land
as
its
primary
function.