Agenda — Ceres City Council, June 24, 2024 (part 2 of 2)

Violations of these restrictions may result in a personal liability for individual City Officials.

C onflict of Interest Forms
Annual disclosure statements are required of all Councilmembers, designated commissioners, and senior staff. These disclosure statements indicate potential conflicts of interest, including sources of income, ownership of property, and receipt of loans and gifts. Councilmembers often serve on the governing board of other local agencies as a result of appointment or delegation through the Council (e.g., ABAG, etc.). These agencies will also require the submittal of disclosure forms. These forms require information including income, loans, receipt of gifts, and interest in real property, among other items.

Liability
The City is a large institution offering a variety of services and may often find itself subject to legal actions through lawsuits. The City must always approach its responsibilities in a manner which reduces risk to all involved. However, with such a wide variety of high- profile services (e.g., police, fire) risk cannot be eliminated.

It is important to note that violations of certain laws and regulations by individual City Officials may result in that Oofficial being personally liable for damages which would not be covered by the City’s insurance. Examples may include discrimination, harassment, or fraud.

Ethics Training (
Government Code Section 53235(f))
State law requires the City to advise local officials, subject to California’s ethics education requirements, about their compliance requirements at least once a year.

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CHAPTER II

CITY COUNCIL MEETINGS

A. Regular Meetings:

Regular meetings of the City Council shall be open to the public and held on the second and fourth Mondays of every month at the hour of 6:00 p.m.

Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day not a holiday.

B. Special Meetings:

A special meeting may be ordered at any time by the Mayor whenever the public business may require it or upon the request from three members of the City Council. Only matters listed in the Notice of Special Meeting may be considered at the meeting. Whenever a special meeting shall be called, notice of such meeting shall be provided pursuant to State law. (Cal Govt. Code §54956)

C. W
orkshopsStudy Sessions :

The City Council may coordinate meet in a “study session”workshops called as a special meeting or an adjoined regular meeting for the purpose of acquiring information on a particular subject(s). Study sessions Workshops shall be open to the public. Study sessionsWorkshops are not public hearings;, however, public input will be received. The City Council may not vote or take any final action at a study session workshop. The City Council may by consensus give direction to City Staff regarding matters considered in study sessionworkshops. Final action on all study sessionworkshop items shall be taken at regular or special meetings with opportunity for public comment.

Prior to the change in City Council meetings to 6:00 pm in 2015, Study Sessions w orkshops were very common. However, with the meeting time change, Council directed staff for most informational type items to be included as part of the normal agenda as “Discussion Items .”.

Most informational items will be handled under Discussion Items, however, study sessionsworkshops could still be held if the Council deems it necessary.

D. V irtual Availability of Meetings:

A
ll City Council meetings must will be streamed live on Zoom or other similar virtual meeting service. To prevent vir tual harassment, public comment will not generally be permitted via Zoom or other sim ilar virtual meeting service . Public comment will be permitted via Zoom or other similar virtual meeting service when a member of the City ITEM 19
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Council participates in a City Council meeting virtually, as required by Government Code section 54953(f).

D.E. Adjournment of Meetings: (Govt. Code §54955)

1. The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to thea time and place specified in the motion to adjourn.

2. Less than a quorum may adjourn any meeting.

3. If all members are absent, the City Clerk may adjourn the meeting to a stated time and place, and the notice required by Govt. Code §54956 must be given by the City Clerk.

4. Wh
en a Council meeting is adjourned to a specific time, date and place, a notice of adjournment must be posted near the door where the meeting was held within 24 - hours after the adjournment.

E.F. C ontinuance of Hearings: (Govt. Code §54955.1)

1. Any hearing being held by the City Council may by motion be continued or re-continued to any subsequent meeting of the City Council.

2. N
otice of the continued hearing must be posted near the door where the meeting was held within 24-hours24 hours after the continuance.

3. I f the hearing is continued to a time less than 24-hours24 hours the notice must be posted immediately following the meeting.

F.G. V oting Requirements:

1. Regular Motions or Resolutions. (Those forare for most all items of City business).

A simple majority of a quorum (two votes if only three members are present) or simple majority of the members present.

2. Resolutions or Motions Authorizing the Expenditure of Public Funds.

A majority vote of the total Council membership is required (i.e. three votes).

Govt. Code §36936

3. R
egular Ordinances.

A majority vote of the total Council membership is required (i.e. three votes).

Govt. Code §36936

4. Urgency Ordinances .
(Ordinances for the immediate preservation of the peace, health or safety). A 4/5 vote of the total Council membership is required. Govt. Code §36937(b)

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5. Interim Urgency Ordinances Regarding Land Use Matters.

A 4/5 vote of the total Council membership is required. Govt. Code §65858

6. M
otions to Add Items to Agenda .

A 2/3 vote of members present is required, or a unanimous vote if less than 2/3 of members are present.

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G.H. Cancellation of Meeting:

If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take such action at the earliest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also appear as an informative item on the agenda for the meeting immediately preceding the canceled meeting date.

H.I.

Agenda:

In order to facilitate the orderly conduct of the business of the citizens of Ceres, the City Manager shall arrange an agenda of such matters as may have been timely provided for inclusion in the agenda. In normal circumstances the Council will be provided with a copy of the City Council agenda on the Wednesday prior to the City Council meeting. To meet this schedule the City Manager shall establish deadlines for the submittal of staff reports for inclusion in agendas.requests that all agenda items be submitted seventy -two (72) hours in advance for regular meetings and twenty-four (24) hours in advance for special meetings.

I.J. Agenda Format for Regular Meetings:

1. Order of Business:

Promptly at the hour set for any meeting, the members of the City Council, City Manager, City Attorney, and City Clerk shall take their regular stations in the Council Chambers and the business of the City Council shall be taken up for consideration and disposition in the following order:

a. Preliminary:
- Call to Order
- Roll Call
- Invocation
- Pledge of Allegiance
- Presentations/Ceremonial Items
- Citizen Communications to Council on Non-Agenda Items - -
- Declaration of Conflict of Interest
b. Appointments to Boards, Commissions
c. Consent Calendar (including the approval of the Minutes and Certification of Posting) d. Consideration of Item(s) Removed from the Consent Calendar e. Unfinished Business
f. Public Hearings
g. New Business
h. Discussion Items
i. Councilmember Referrals
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j. Reports:
- Mayor
- City Council
- City Manager
- City Attorney
- City Department Heads

J.K. S
elective Components of a Regular Meeting :

The published agenda shall consist of an agenda and summary reports providing sufficient information needed for deliberation and action.

1. Invocation:

The City of Ceres has a long history of invocational prayer preceding its City Council meetings. It is the policy of the City Council that the opportunity to offer the invocation at City Council meetings shall be made equally available to representatives of all faiths.

2. C itizen Communications :

Subject to the time limits described in this document, any member of the public or their authorized representative, may address the City Council on any matter concerning the City’s business, or any matter over which the City Council has control, whether on its posted agenda or not. Comments on items included on the agenda shall be reserved until the Council considers those items. However, the City Council is prohibited from extensively discussing, or taking action, on an item not appearing on its posted agenda under the provisions of the Brown Act. Any issue raised under “Citizen Communications” will therefore be limited to a determination whether it should be placed on a future agenda for discussion, action, or report. The City Council can, however, allow its members or staff to briefly respond to statements made and to ask questions for clarification.

3. Minutes :

a. Description:

The minutes of a City Council meeting shall be “ action minutes” which include the motions made, actions taken, and a brief summary of public comments and City Council comments germane to the outcome of the item.
b. Reading of Minutes:

If each Councilmember has been furnished with a copy of the minutes prior to the meeting, the minutes may be approved without reading. If a Councilmember raises a point of correction to the minutes of a City Council meeting, that correction may be approved at that meeting.

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c. Voting on Approval of Minutes:

City Council minutes may be approved by a majority vote of a quorum of the Council membership. Councilmembers who were not present at the meeting for which the minutes were prepared should abstain from voting. If a quorum of Councilmembers who were present at the meeting for which the minutes were prepared is not present, action on the minutes shall be continued to a future meeting. d. Signing of Minutes:

After their approval the minutes shall be signed by the Mayor (or the chair of the meeting) and the City Clerk.

e. Including Reasons for Dissent or Protest:

The Mayor and any Councilmember shall have the right to have the reasons for his or her dissent from or protest against, any action of the City Council entered into the minutes. In such case the member dissenting or protesting shall deliver to the City Clerk within five (5) days of the meeting at which action was taken a written statement of the reasons for dissent or protest. The City Clerk shall include such statement in the minutes of the meeting. Failure to submit the written statement within the time required shall be deemed a waiver of the right to have the statement included in the minutes.

4. Approval of Agenda as Posted (or Amended) / Adding Matters to the Agenda:

a. The Brown Act requires that the agenda for regular City Council meetings must be posted at least 72 hours prior to the meeting. (Govt. Code, Section 54954.2(a)) Except in very limited circumstances, the City Council may n ot discuss or take action on any item not appearing on the posted agenda.

The posted agenda may be amended at the meeting to include statutorily defined emergency items or matters which require immediate action subject to certain required findings.

b. An emergency item is defined a s a work stoppage, crippling activity that severely impairs public health, safety or both, as determined by a majority vote of the entire membership of the Council (Govt. Code §54956.5)

c. M
atters requiring immediate action by the City Council may be added to the agenda by a 2/3 vote of the Council members present at the meeting if the Council finds: (i) that there is a need to take action immediately; and (ii) that the need to take action came to the attention of the City after the agenda was posted. (Govt. Code §54954.2(b)(2))
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5. D eclaration of Conflict of Interest:

If a Councilmember has a conflict of interest with regard to any item on the agenda as posted (or amended) and certified, the Councilmember must declare that conflict publicly prior to consideration of the item. The circumstances creating the conflict must be stated and the Councilmember must leave the room when the matter is under consideration and not return until after the decision is made . However, should a Councilmember have a conflict of interest on a matter which appears on the consent calendar, the Councilmember is not required to leave the room when the item is considered, but public disclosure of the conflict is still required.

6. Consent Calendar:

Items of a routine, non-controversial nature may be placed on the consent calendar at the City Manager’s discretion. Consent calendar items may include the second reading and adoption of City ordinances. When such ordinance matters are placed on the consent calendar they shall be listed in the following manner:

“Waiver of Second Reading and Adoption of
Ordinance No. _________ (complete title of
ordinance).”

A
ll items may be approved by one motion and one vote. Any Councilmember , the City Manager, the City Attorney, or member of the public or their representative may request any item be withdrawn from the consent calendar for separate consideration in its regular order of business. Prior to consideration of the Consent Calendar the Mayor shall advise the public that they may request removal of a matter from the Consent Calendar for separate consideration by the Council. Prior to the approval of the Consent Calendar, corrections to item(s) on the Consent Calendar may be stated and corrected .

Councilmembers may register a “No” v ote on specific item(s) without removal from the Consent Calendar. As part of the roll call voting, the Council member wishing to vote “No” on a particular item s shall indicate it as part of their roll call vote and the Clerk shall cause all items for which “no votes” have been registered to be reflected in the minutes of the meeting.

7. Unfinished Business:

Matters continued by the City Council for further consideration by the City Council.

Such matters may include formal public hearings that are continued by the City Council to a specific date or other matters where the Council desires further information or materials from City Staff prior to making a decision on the matter.

8. C
ity Council Referrals/Determination of Items for Agenda:
a. Any Councilmember may, prior to the posting of the agenda for a regular City Council meeting, bring any matter to the attention of the City Council which is not otherwise scheduled on a City Council agenda. The matter will be placed on the agenda in the Council Referral section. The sponsoring ITEM 19
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Councilmember shall give the City Manager a brief description of the subject to be printed in the agenda, sufficient to inform the City Council and public of the nature of the referral. Any Ccouncil member may place an item on t he agenda prior to the posting of the agenda by bringing the matter to the attention of the City Mm anager by 5:00 p.m. on the Monday before agendas are posted. The sponsoring Councilmember shall give the City Mm anager a brief description of the subject to be printed on the agenda and the item will be placed in the referral section of the agenda. If the proposed agenda item is received after Monday at 5:00 p.m., every effort will be made to add the proposed item to the upcoming agenda. Any items received after the agenda has been posted will be added to the next agenda.

b. The City Council, after considering the referral, may do any of the following:

(1) Reject the request.

(2) Refer the matter to staff to schedule as a future City Council agenda item.

c. The Councilmember who requested the referral has the privilege of speaking first on the item.

d. No matter which has previously been brought before the Council under Council referral, and which a majority of the Council has declined to schedule as a future City Council agenda matter, shall be again brought before the Council under Council referral unless it is brought by a Councilmember other than the Councilmember who originally brought it.

e. The City Manager shall have the responsibility for determining all other matters which are placed on the agenda for the City Council meetings, including regular meetings or special meetings. In the exercise of his discretion, the City Manager shall place on the Agenda: (i) those matters which are necessary, in the judgment of the City Manager, to implement the stated policies, goals, priorities or objectives of the City Council; (ii) those matters which are necessary to implement the orderly day to day functioning of City affairs; (iii) those matters which are required by law to be considered or determined by the City Council.

9. Appointments:

Appointments to the City Boards, Committees and Commission shall be made as described in Chapter V of this document.

10. Reports:

On the Re ports section of the agenda the Mayor, Councilmembers, City Manager, City Attorney, and City Staff shall report on all committee meetings which they have attended as the official City representative and all conferences they have attended. They may also report on various community events and activities they have attended, and other matters related to the operations of the City and the general well-being of the community.

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Reports should be brief summaries of activities and concerns and generally should not exceed three to five minutes in length. Since these matters are not on the posted agenda, the Brown Act prohibits the City Council from making any formal decision or reaching a consensus regarding any issue that might be raised. There should be no significant discussion regarding such matters. If the City Council believes that the matter deserves the attention of the Council, it should direct the City Manager to place the matter on a future City Council agenda.

11. Closed Session:

On this portion of the agenda the City Council may discuss and decide certain types of matters which are autho rized by the Brown Act to be con sidered in closed session. The Brown Act prescribes specific descriptions of the various types of close d session matters which must appear on the posted agenda. The Mayor should adjourn the public meeting to closed session to consider such matt ers. In doing so, it is not necessary to re ad the agenda description. I t is s ufficient to simply refer to the numbered agenda item. The Brown Act requires that when ce rtain decisions are made in closed session those decisions must be reported to the public. Some decisions must be reported in public session immediately after conclusion of the closed session. The City Attorney will advise the City Council regarding the time and manner of publicly reporting their closed session decisions.

Information provided and discussions h
eld in closed session are confidential and must not
be disclosed to the public by any persons attending the closed session unless specifically authorized by a majority vote of the City Council. Violations of this rule of confidentiality may be punished by public censure, andcensure and may also be subject to prosecution by the District Attorney as a misdemeanor criminal violation.

K.L. C
ommencement of Successor Agency Meetings :

The City Council acts as the Successor Agency for the Former Ceres Redevelopment Agency and the Former Stanislaus-Ceres Redevelopment Commission. The Successor Agencies have a designated the start time for their meetings as 6:00 p.m. or as soon thereafter as business permits. Regular meetings of the Successor Agency for the Former Ceres Redevelopment agency and the Successor Agency for the Former Stanislaus Ceres Redevelopment Commission are held on the same dates and times of regular meetings of the City Council.

Items for the Successor Agency for the Former Stanislaus Ceres Redevelopment Commission will customarily be heard prior to the Reports Section of the City Council meeting. The City Council meeting adjourns to the meetings of the Successor Agencies and reconvenes to the City Council Meeting. Holding a Joint Meeting of the agencies is also an option depending on the agenda of the respective agencies.

ML.

Presentations and Proclamations

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All requests for presentations and proclamations shall be requested through the City Manager, who will determine the appropriate time to bring back the request to the Council for consideration. Proclamation requests shall be requested at least onea month before the City Council meeting in which it is needed. Presentation requests shall be requested in the same manner as Councilmember referrals.

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CHAPTER III

DECORUM

A. E nforcement of Decorum:

The City Manager shall assign a sergeant -at-arms when necessary to attend City Council meetings for the purpose of maintaining order and decorum in the City Council Chambers and in the lobby. Upon instructions from the Mayor, the sergeant -at-arms shall eject any member of the public present at the meeting from the City Council Chambers, whose conduct is in violation of any of the following adopted rules of order and decorum (see Govt. Code, §36813):

1. P ersons attending meetings of the City Council shall at all times conduct themselves in a courteous manner with regard to other members of the public attending the meeting and to Councilmembers and City Staff.

2. P ersons attending the meeting shall refrain from the use of profanity and rude or derogatory remarks.

3. N
o person attending the meeting shall engage in disorderly conduct which disturbs the peace and good order of the meeting. Continuation of such conduct after an admonition from the Mayor will result in removal from the Council chambers.

4. A
ny person who willfully disturbs or breaks up any assembly or meeting is guilty of a misdemeanor and will be subject to arrest. (Cal. Penal Code, §403.)

5. N
othing in these rules prohibits the right of the public to criticize the policies, procedures, programs or services of the City or of the acts or omissions of members of the City Council or City staff (Cal Govt. Code §54954.3(c))
To maintain the confidence and in tegrity of City business in a manner which is professional and efficient, all participants of the public hearing or meeting process must comply with the foregoing guidelines:

B.A. Courtesy:

1. Councilmembers, City Employees, and Appointed Members of Boards/Commissions:

Councilmembers, City Emp loyees, and Appointed Members of the Board/Commission, collectively (“City Representatives”) shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statements as to motives and personalities.

In addition, all City Representatives shall comply with the guidelines detailed in the Ceres Municipal Code (“Code”) sections 2.17.040 and 2.17.050.

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2. R ules of Civility :

All City Representatives and members of the public are expected to comply with the Rules of Civility detailed in Code section 2.17.080.

2. C ity Employees:

Employees of the City shall observe the same rules of order and decorum applicable to the City Council.

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3. A ppointed Members of Boards, Commissions and Committees:

Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.

3. E nforcement Aagainst City Representatives:

The City has formed a Rule Committee to enforce the City’s rules of civility against City Representatives. The Committee shall be responsible for issuing admonishments, reprimands, and censures to City Representatives who violate the provisions of the rules of civility pursuant to Code sections 2.17.120 through 2.17.160.

4. E nforcement aA gainst pPublic Aattendees:

In accordance with Code section 2.17.100 and Government Code section 54957.95, disruptive behavior during a meeting may result in the removal of the individual by the Mmayor. Prior to remov al of an individual, the Mm ayor shall warn the individual that their behavior is disrupting the meeting and their failure to cease may result in their removal by the sergeant of arms as defined in Code section 2.17.090.

Disruptive behavior is behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to : (A) failure to comply with reasonable regulations adopted by the Council , or (B) eEngagement in behavior that constitutes use of force or a true threat of force.

They
mMayor, upon his or / her discretion or upon the recommendation of another Ccouncilmember, may commence the removal process following the disruptive behavior of the individual member of the public.

4.5.Cell Phone Usage:

Cell phone usage is prohibited in the Council Chambers while a meeting is in session .

5. 6. Noise in the Lobby:

6. Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.

7. E
ntering/Exiting the Meeting Facility :

The designated facility for meetings and hearings contains an entrance for staff and a separate entrance for the public. For prompt and orderly seating and to ensure safe and structured exiting, all meeting participants shall endeavor to use the ir designated entrance/exit when attending City meetings and hearings.

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BD. Crowd Control in Council Chambers:

If the City Manager, or the City Manager’s designee, anticipates in advance a large number of attendees in the City Council Chambers, he or she shall open overflow viewing. shall provide for appropriate crowd control.

If a crowd larger than the maximum number of attendees is anticipated, the meeting shall be relocated to a more appropriate venue.

E. Smoking:

It is unlawful for any person to smoke in the City Council Chambers.

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CHAPTER IV

PROCEDURAL RULES FOR CONDUCTING MEETINGS OF THE CITY COUNCIL

A. Adoption of Procedural Rules:

These procedural rules are adopted by the City Council to assist the Council in conducting its meetings in an orderly and efficient manner. The rules are intended to facilitate and expedite a full and adeq uate consideration and debate, by elected officials and the public, of all matters which come before the City Council for decision. Except with respect to matters that are mandated by State law, any failure of the City Council to confirm to these rules shall not, in any instance, be deemed to invalidate the action taken.

B. Call to Order:

The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Vice Mayor. In the absence of the Mayor and the Vice Mayor , the meeting shall be called to order by the most senior Councilmember present. This person shall serve as the Council’s presiding officer until the arrival of the Mayor or Vice Mayor , or until adjournment of the meeting.

C. Roll Call:

Before proceeding with the business of the City Council, the City Clerk shall call the roll of the City Council and the names of those present and those absent shall be entered into the minutes of the meeting. The Presiding Officer shall announce that a late Councilmember has arrived for the benefit of the television audience.

D. Quorum:

Three members of the City Council shall constitute a quorum for the transaction of business.

A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law or ordinance , require a greater majority. All ordinances and all orders for the payment of money require at least three (3) affirmative votes.

E. Lack of Quorum:

If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned to a stated time and place and the City Clerk shall cause to be prepared a written notice of the adjournment and conspicuously post it at the entrance to the Council Chambers within 24 hours of adjournment. If all members of the City Council are absent from a regular or adjourned regular meeting, the City Clerk may adjourn the meeting to a stated time and place, and cause a notice to be posted in the same manner as above.

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F. Format for Processing Public Hearings/Appeals:

Generally, public hearings shall be conducted in the following order:

1. R egular Public Hearings : (no specific applicant or City is applicant) - Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
- Public Comments
- Hearing closed by Mayor
- Questions by Councilmembers
- Discussion by Councilmembers
- Action by City Council

2. Appeals:
- Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
• Appellant’s comments
• Public comments
• Rebuttal by Appellant (limited to addressing public comments) - Questions by Councilmembers of appellant or other public participants - Hearing closed by Mayor
- Discussion by Councilmembers
- Action by City Council

3. Public Hearing Involving a Specific Applicant
(i.e. land use matters and other matters proposed by a specific applicant) - Staff presentation & recommendations
- Questions of Staff by Councilmembers
- Hearing opened by Mayor
• Applicant’s presentation
• Comments from members of the public supportive of the matter • Comments from members of the public opposed to the matter • Rebuttal by Applicant (limited to comment or arguments made in opposition) - Questions by Councilmembers of Applicant or other public participants - Hearing closed by Mayor
- Discussion by Councilmembers
- Action by City Council
G. Mayor as Presiding Officer:

The Mayor shall be the Presiding Officer at all the meetings of the City Council. The Presiding Officer may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all Councilmembers by these rules and shall not be deprived of any of the rights and privileges of a Councilmember as such Presiding Officer. The Presiding Officer shall possess no veto power.

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The Presiding Officer shall preserve strict order and decorum at all times. The Presiding Officer may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: t he length of time persons may speak; require that, if desirable, a spokesperson address the Council on behalf of a group of persons ; and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents.

The P
residing Officer shall decide all questions of order, subject, however, to an appeal to the City Council, in which event a majority vote of the City Council shall govern and conclusively determine such question of order. The Presiding Officer is eligible to vote on all matters coming before the Council for decision , anddecision and shall direct the order of participation of Councilmembers. The Presiding Officer shall, in all instances, have the last chance to speak. The Presiding Officer shall sign all ordinances and resolutions adopted by the City Council during the Presiding Officer’s presence.

H. R ecognition to Speak, Councilmember:

Every Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine his or her remarks to the question under debate.

1. Interruptions:

A Councilmember, once recognized, shall not be interrupted while speaking unless called to order; unless a motion to raise a point of order is raised by another Councilmember, or unless the Councilmember speaking chooses to yield to questions from another Councilmember.

2. C
hallenged While Speaking:

A Councilmember, challenged while speaking, shall cease speaking until the point of order is determined. The Councilmember shall be permitted to proceed if ruled to be in order. Conversely, the Councilmember shall remain silent or alter any remarks to comply with the rules of the City Council if found not to be in order.

3. Public Hearings:

Councilmembers should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.

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I. Addressing the City Council:

1. S peaker Card and Speaker Time:

For all agenda items persons wish ing to address the City Council should use Speaker Cards. After the meeting is called to order, the Presiding Officer shall encourage those persons wishing to address the Council to complete and return to the Clerk , Speaker Cards, which list their name , address , and the matter on which they wish to be heard.

Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit the time for individual comments. When deemed necessary, the Presiding Officer may allocate a longer speaker time without objection from the City Council. The following time limits apply unless modified by the Presiding Officer.

Applicant/appellant - 10 minutes
Individual speakers - 5 minutes
Rebuttal by applicant/appellant - 5 minutes
Person speaking on non agenda items – 5 minutes

Each person shall stand at the podium, if one is available, and is requested to give his or h
er name and address for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person , other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the Presiding Officer. No question shall be asked of a Councilmember or a member of City staff except through the Presiding Officer.

2. One Speaker at a Time:

No person , other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Presiding Officer. All discussions shall be through the Presiding Officer, and no question shall be asked of a Councilmember except through the Presiding Officer.

3. Questions and Comments from the Public:

Questions and comments from the public shall be limited to the subject under consideration, except for Citizen’s Communication on non agenda items.

4. Addressing the City Council a fte
r a Motion is Made:

No person in the audience may address the City Council after a motion is made without first securing permission to do so. Upon recognition by the Presiding Officer and permission being granted by the City Council, the person so recognized shall confine him or herself to the question under discussion.

ITEM 19
Ceres City Council Rules & Procedures

{CW139107.3} - 25 -

J. Continued Agenda Item:

It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, in writing; as soon as possible prior to the meeting that such a request for continuance will be made. The City Clerk shall inform the Mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item. The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council so rules. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.

K. Public Hearing Closed:

Once a hearing is closed it is inappropriate fo r the public to speak except to answer an inquiry of a Councilmember addressed through the Presiding Officer. However, a public hearing may be re-opened by the Presiding Officer to hear new information.

L. Division of Question:

If the question contains two or more propositions, each of which is capable of standing as a complete proposition if the others are removed, the Presiding Officer may, and upon request of a Councilmember shall, divide the question.

M. Withdrawal of Motion:

A motion may not be withdrawn by the maker of the motion without the consent of the Councilmember who seconded the motion.

N. Voting:

All votes of the City Council be made by roll call and the results shall be announced and recorded in the minutes by the City Clerk .

ITEM 19
Ceres City Council Rules & Procedures

{CW139107.3} - 26 -

O. Failure to Vote:

Absent a disqualification under State law, including conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Councilmember to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Councilmember who fails to vote shall nonetheless be cou nted towards making up a quorum, unless the failure to vote is compelled by a legal disqualification.

P. Abstention/Recuse: Conflict of Interest:

Councilmembers shall disqualify themselves and abstain from voting if they have a f inancial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event an event , they may not participate in the discussion or the vote.

Councilmembers shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the abstaining Councilmember shall leave the Council da is until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum.

Q. Tie Votes:

All tie votes shall be deemed to be a denial of the matter that is before the Council for decision, unless the Council by a majority vote of the members present elects to continue the matter to the next Council meeting when it is reasonably known that all Council members will be present.

R. Appeal from the Presiding Officer’s Decision:

When the rules are silent, the Presiding Officer shall decide all questions of order, subject to appeal by any Councilmember. When in doubt, the Presiding Officer may submit the question to the City Council. Any decision or ruling of the Presiding Officer may be appealed by request of any Councilmember. The Presiding Officer shall immediately call for a vote to determine if the Presiding Officer’s ruling shall stand.

S. Parliamentary Motions and Procedures for the Processing of Council Business:

The City Council adopts Rosenberg’s Rules of Order, as modified by the provisions stated in these rules, as the parliamentary procedures and motions to be used as a guide for conducting the City’s business at meetings of the City Council. A copy of Rosenberg’s Rules of Order is attached hereto as EXHIBIT A. Strict adherence to these suggested parliamentary procedures and motions is not required, but their use is encouraged to the extent that such use helps to promote an orderly and efficient public meeting of the City’s elected officials. No provisions in these administrative processing procedures are intended to override State law or local ordinance provisions.

ITEM 19
Ceres City Council Rules & Procedures

{CW139107.3} - 27 -
T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion and Decision:

1. A nnouncement of Agenda Item.

The Presiding Officer (P/O) should announce the agenda item number and read the agenda description of the item under consideration.

2. R eports Concerning the Agenda Item.

The P/O should request report(s) on the item from City staff or other person(s) who have submitted a report to the Council on the agenda item.

3. Questions by Council.

The P/O should invite questions by the Council of those person(s) who have presented reports(s).

4. Public Comment.

The P/O should invite public comment on the agenda item, and upon the conclusion of public comment, announce that public comment has concluded. In the case of public hearings and appeals, the format in Chapter IV, F shall be followed.

5. Motion by City Council.

The P/O should invite a motion from any member of the Council. In most circumstances this will be a motion to approve or deny the proposed agenda item.

6. Seconding of Motion.

The P/O should determine if any member of the Council wishes to second the motion. If there is no second to the motion, the P/O shall have discretion to proceed with the motion in the absence of a second.

7. R
epeat the Motion.

The P/O, for clarity, should repeat the motion (i.e. “A motion has been made and seconded to….”)

8. D
iscussion of Motion.

The P/O should invite discussion of the motion by the City Council. - If there is no discussion the matter should proceed to a vote. - If discussion is lengthy P/O should repeat the motion.

9. C
ouncil Vote.

After discussion of the Council is concluded (and no motion to amend or substitute the motion has been made) the P/O should call for the roll call vote.

10. A
nnouncement of Vote.

City Clerk should announce the result of the vote.

U. Summary of Rosenberg’s Common Motions:

1. Motion to Amend.

ITEM 19
Ceres City Council Rules & Procedures

{CW139107.3} - 28 -
Used to change or modify a motion that is before the Council. - Retains the basic motion on the floor but modifies it in some way. - Requires a second.
- Debatable.
- Simple majority.

2. S ubstitute Motion.

Completely discards the motion on the floor and puts a new motion before the Council. - Requires a second.
- Debatable.
- Simple majority.

3. Motion to Adjourn.

Requires immediate adjournment to the next regularly scheduled meeting. - Requires a second.
- Not debatable.
- Simple majority.

4. Mo tion to Recess.

Requires an immediate recess with length determined by P/O. - Requires a second.
- Not debatable.
- Simple majority.

5. Motion to Fix Time to Adjourn.

Requires adjournment at a specific time stated in motion. - Requires a second.
- Not debatable.
- Simple majority.

6. Motion to Table or Continue.

Requires discussion of item to be halted.
- May contain a specific time at which item can come back to Council. - Requires a second.
- Debatable.
- Simple majority.

7. M otion to Limit Debate.

Stops debate on the item and in effect calls for a vote. - Requires a second.
- Not debatable.
- Should include a time limit.
- Requires a 2/3 vote.

8. M otion to Object to Consideration of Item.

Requires removal of items from the agenda.

ITEM 19
Ceres City Council Rules & Procedures

{CW139107.3} - 29 -
- Requires a second.
- Not debatable.
- Requires a 2/3 vote.
-

9. M otion to Suspend the Rules.

Allows Council’s existing rules to be suspended for a particular purpose. - Requires a second.
- Debatable.
- Requires a 2/3 vote.

10. M otion to Reconsider.

Allows a matter voted upon to be reopened for further debate. - A pplies only to extent existing law or ordinance provision does not prohibit reconsideration (i.e. an ordinance states that Council action on a particular type of item is final.)
- Requires a second.
- Debatable
- Requires a 2/3 vote.
- Mu st be made at the meeting where item was voted upon or at very next meeting of Council.
- M ust be made by a member who voted with the majority.

V. Processing of Multiple Motions:

1. Only three (3) motions may be on the floor simultaneously.

2. A fourth motion is out of order and would not be permitted.

3. T he Council should first consider and vote on the last motion made.

ITEM 19
Ceres City Council Rules & Procedures

{CW139107.3} - 30 -

CHAPTER V

BOARDS, COMMISSIONS & COMMITTEES

CITY REPRESENTATIVES & STANDING COMMITTEE

A. Boards, Commissions and Committees – City Representatives – Standing Committee:

1. D efinitions :
a. Boards, Commission and Committees:

T he City Council may establish by ordinance or resolution all boards and commissions, including ad hoc committees, which shall advise the City Council and perform such other functions and duties as prescribed by the City Council. Boards, commissions, and committees shall be governed by the same rules and procedures as the City Council.
b. City Representatives:

Councilmembers and citizens may be appointed by the Mayor to serve on County, regional or multi- purpose agencies, committees and commissions to represent the City, with confirmation by the City Council.
c. Standing Committees:

S tanding committees are those created by ordinance or resolution of the City Council which have a continuing subject matter jurisdiction , or a meeting schedule fixed by formal action of the City Council. Membership of such committees may consist of Council members and/or citizens who shall be appointed by the Mayor with confirmation of the Council. All standing committees are subject to the requirements of the Brown Act.
d. A
d Hoc Committees :

Ad hoc committees are those committees created by ordinance, resolution, or motion of the City Council which a re formed for a limited time and purpose and without any continuing subject matter jurisdiction. Such committees are not subject to the requirements of the Brown Act unless their membership includes a quorum of the City Council.

ITEM 19
Ceres City Council Rules & Procedures

{CW139107.3} - 31 -

2. Application and Appointment Process:

All members of boards, commissions and c ommittees, except Council members, shall be appointed by the Mayor with the confirmation of the City Council, in accordance with the following procedure:
a. Vacancy, Announcement, Interview and Applicant Pool:

The City Clerk shall maintain records of membership status of boards, commissions and committees. The Clerk shall notify the Mayor of each vacancy.

When a vacancy occurs, the vacancy s hall be announced at a Council meeting and invite the public to apply for the position or positions. The notice of vacancy shall be posted in the Ceres Courier and on the City’s website with notice of the closing date.

The final date for receipt of applications and the final date for receiving applications shall be at least one week following the Mayor’s announcement. At the meeting scheduled where the Mayor makes appointments, the City Clerk shall provide a copy of all applications received toby the City Council.
b. Application Required:

No person shall be appointed to a board, commission or committee without filing a written application for appointment with the City Clerk prior to 5:00 p.m. on the date of the deadline for receipt of applications.
c. Scheduling of Appointment:

The City Clerk will schedule, on the regular City Council meeting agenda, as designated by the Mayor, a notice of the Mayor’s intention to make an appointment to a board, commission or committee.
d. All Applications Provided to All Councilmembers:

The City Clerk shall include in the City Council’s agenda packet for the Council meeting at which the Mayor’s appointment is scheduled, all current applications filed for appointment to the board, commission or committee designated in the Appointments section of the Agenda. In the event there are multiple vacancies on the same board, commission or committee the Mayor shall schedule the appointment and name the appointees of all vacant positions of any one board, commission or committee on the same Council meeting.
e. Applications: Current List:

A current list of applicants is established each year. Applications may be submitted to t
he City Clerk at any time between January 1 and December 31. These applications may be considered for various vacancies throughout the year; however, on December 31, any remaining applications of these persons not appointed will be void. In order to be considered in the following year, new applications will need to be submitted starting January 1.

ITEM 19
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{CW139107.3} - 32 -

3. Councilmember Appointment:

The Mayor shall, instead of nominating, simply announce the appointment of the designated Councilmember as a member of a City, County, regional, multi -public agency, or other outside agency, committee or board at the time the matter is considered at the City Council meeting. If no motion is made by a Councilmember, immediately following the Mayor’s announcement, to submit the Mayor’s intended appointment to formal vote of the City Council, the Mayor’s announced appointment is deemed approved.

B. In
ability to Attend/Notification of Alternate:

If circumstances arise which prevent a member of a board, commission, or committee from attending a meeting of said body, and an alternate representative has been designated by the City, the member who will be unable to attend the meeting shall, to the extent reasonably possible, advise the alternate representative of his or her absence.

City Attorney Presence:

A representative of the City Attorney will be present for a commission, committee, or board meeting upon prior request.

C. D. Removal of Member of Board or Commission or Committee or City Representative:

Any member of a board, commission or committee and any City representative or liaison to a outside agency, serve at the pleasure of the City Council, and may be removed, without cause, by a vote of not less than three (3) Councilmembers, initiated by either the Mayor or a Councilmember. Any proposed removal shall be scheduled as a Council Referral on the agenda of a regular Council meeting, with the name of the person proposed to be removed printed on the agenda.

ITEM 19

COUNCIL AGENDA REPORT

Staff recommends the City Council approve the first reading and introduction of Ordinance No. 2024-XXX amending Title, 15, Chapter 8 of the Ceres Municipal Code, which adopts by reference the California Fire Code, 2022 Edition.

I. BACKGROUND:

The California Building Standards Commission (CBSC) adopted the California Fire Code in July 2022. This code was designed and promulgated to be adopted by ordinance by local jurisdictions as an enforceable set of regulations for the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and from conditions hazardous to life or property in the occupancy of buildings and premises.

II. REASONS FOR RECOMMENDATION:

This code establishes the minimum fire and life safety requirements for the State of California and is automatically adopted by state law. It is reviewed and updated at an interval of every three years. In addition, each local jurisdiction must adopt rules and requirements for administering this code. The local jurisdiction may also adopt the amendments identified by said ordinance that are reasonably necessary as affected by local climatic, geological, or topographical conditions. Additionally, the adoption of the fire code will provide a more unified administration as it applies to inspection and plan check of construction projects in the City of Ceres . This code allows for the use of the latest technologies, materials and methods allowed by the State of California and the ITEM 20
International Code Community. As the 2022 California Fire Code amendments were adopted by the City of Ceres in June of 2023, there were minor changes to some code sections that need to be added in order to provide greater fire protection for the City, as well as correcting date references from the 2019 version to 2022 version. These changes include the standards of materials used for fire and emergency apparatus access roads.

III. FISCAL IMPACTS:

No fiscal impact is anticipated.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

Council can choose not to approve the Ordinance and the Municipal Code will remain unchanged and out of alignment with the California Fire Code. The City will still be required to enforce all updated rules and regulations under the California Fire Code.

VI. INTERDEPARTMENTAL COORDINATION:

The Modesto Fire D epartment, which provides fire protection services to the City of Ceres, has worked in coordination with City of Modesto Attorney’s Office and City of Ceres City Clerk’s Office.

VII. PUBLIC PARTICIPATION:

Notice of Public Hearing will be posted and published prior to the public hearing scheduled on May 14, 2024.

VIII. ENVIRONMENTAL REVIEW:

Not Applicable.

IX. STEPS FOLLOWING APPROVAL:

Adoption of the Ordinance enacting changes to the Ceres Municipal Code to be immediately enforced by the Modesto Fire Department.

Approved by: _________________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Ordinance

2. Attachment B – Draft Ordinance of Chapter 8 of Title 15 of the Ceres Municipal Code

3. Attachment C – Public Hearing Notice
ITEM 20

ATTACHMENT A

{CW126823.1}
ORDINANCE NO. 2024-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES
AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION, CHAPTER
8, CALIFORNIA FIRE CODE, OF THE CERES MUNICIPAL CODE TO ADOPT THE 2022 CALIFORNIA FIRE CODE

WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and

WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and

WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and

WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings and changes have been filed with the California Building Standards Commission; and

WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and

WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.

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

SECTION 1. ADDITION OF CODE SECTION. Chapter 8 OF Title 15 of the Ceres Municipal Code is hereby amended with the following:

ATTACHMENT A

{CW126823.1}
but deleting section 111.1-111.4 and adopting chapter 26 and Sections 104.1, 104.11, 104.11.1, 104.12-104.12.3, 104.3, 104.3.1, 105.6.9, 106, 107.1, 108, 109, 113, 114, 303, 305, 306, 307, 308.1.4, 308.1.6.3, 309, 311, 321, 403.10.5, 503, 510.3, 805, 806, 807, and 808, Chapter 4 and Appendix B, BB, C,CC, D, E, F, G, I, K, N, O and Division 1 California Administration and Division II scope Administration as published by the International Code Council, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing f or the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said California Fire Code, 2023 Edition, on file in the office of the City of Ceres Building Division is hereby referred to, adopted, and made a part in accordance with, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this Chapter and is adopted as the Fire Code of the City of Ceres.

Section 503.2.3 is added to the California Fire Code and reads as follows:

Section 503.2.3 Surfaces. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced as to support all weather driving capabilities. All weather shall be concrete or asphalt.

Appendix D Section D101.1 is added to the California Fire Code and reads as follows:

Section D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the California Fire Code and apply only to private property and roads.

SECTION 2. FINDINGS AND DECLARATION. As required by the 2023 California Fire Code, Section 101.1 the Council of the City of Ceres finds and declares that the foregoing additions, modifications and changes to the regulations adopted pursuant to the 2023 California Fire Code are reasonably necessary because of local climate and geographic conditions. The ordinance also prescribes local procedures to be used in the administration and enforcement of this Code; provides for local interpretations of this Code and makes other changes in this Code consistent with local custom and practices as reflected in the prior local Fire Code.

SECTION 3. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 4. SAVINGS. The provisions of this ordinance shall not affect any proceedings, suit or prosecution heretofore or hereafter commenced under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be ITEM 20

ATTACHMENT A

{CW126823.1}
instituted or proceeded with in all respects as if this ordinance had not been adopted.

SECTION 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Ceres Courier, the official newspaper of the City of Ceres, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

SECTION 7. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 8. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL . This Ordinance was introduced at a special meeting of the City Council held on the 28th day of May 2024, and passed and adopted as Ordinance No. 2024- XXXX at a regular meeting of the City Council held on the 24th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

APPROVED:

___________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney
ITEM 20
ITEM 20
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION

{CW090978.8}

ATTACHMENT B
Chapter 08

CALIFORNIA FIRE CODE
Sections:

15.08.010 Title.

15.08.020 Adoption by Reference of the California Fire Code.

15.08.030 Administration.

15.08.040 Enforcement.

15.08.050 Section 105.1.2 of the CFC Amended; Types of Permits.

15.08.060 Section 105.2 of the CFC Amended; Application.

15.08.070 S ection 105.6.8 of the CFC Amended; Compressed Gases.

15.08.080 Section 105.6.10 of the CFC Amended; Cryogenic Fluids.

15.08.090 Section 105.6.16 of the CFC Amended; Flammable and Combustible Liquids.

15.08.100 Section 105.6.25 of the CFC Amended; Lumber Yards and Woodworking Plants.

15.08.110 Section 110.4 of the CFC Amended; Violation Penalties.

15.08.120 Section 312.1 of the CFC Amended; Vehicle Impact Protection.

15.08.130 Section 503 of the CFC Amended; Fire Apparatus Access Roads.

15.08.140 S ection 507.5.1 of the CFC Amended; Where Required.

15.08.150 Section 507.5.7 of the CFC Added; Hydrants.

15.08.160 Section 507.5.8 of the CFC Added; Hydrant Identification.

15.08.170 Section 603.8 of the CFC Amended; Incinerators.

15.08.180 Section 603.8.1 of the CFC Deleted; Residential Incinerators.

15.08.190 Section 603.8.2 of the CFC Deleted; Spark Arrestor.

15.08.200 Section 603.8.3 of the CFC Deleted; Restrictions.

15.08.210 S ection 603.8.4 of the CFC Deleted. Time of Burning.

15.08.220 Section 903.2 of the CFC Amended; Automatic Fire Sprinkler Systems.

15.08.230 Section 906.9.1 of the CFC Amended; Extinguishers Weighing 40 Pounds of Less.

15.08.240. Section 5001.5.2 of the CFC Amended. Hazardous Materials Inventory Statement.

15.08.250 Section 5003.3.1.4 of the CFC Amended. Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.

15.08.260 S ection 5601.2 of the CFC Added; Fireworks Manufacturing.

15.08.270 Section 3308.2 of the CFC Added; Fireworks Public Display.

15.08.280 Section 3308.3 of the CFC Added; “Safe and Sane” Fireworks Sales.

15.08.290 Findings for Changes, Modifications, and Additions to the 2010 California Fire Code Part 9.

ITEM 20
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION

{CW090978.8}

ATTACHMENT B

15.08.010 Title.

This Chapter shall be known and cited as the “Ceres Fire Code” and may hereinafter be referred to as “Ceres Fire Code.” Chapter, division, part, section, subsection, and appendix numbers used in sections 15.08.010 through 15.08.209 are those of the California Fire Code or codes adopted therein by reference.

15.08.020 Adoption by Reference of the California Fire Code.

That certain document, one copy of which is on file in the Office of the City Clerk of the City of Ceres being marked and designated as "California Fire Code" hereafter designated as "CFC" Part 9 of Title 24 California Code of Regulations as published by the International Code Council, 2022 Edition, including Chapter 1 with Divisions I and II but deleting section 111.1-111.4 and adopting chapter 26 and Sections 104.1, 104.11, 104.11.1, 104.12- 104.12.3, 104.3, 104.3.1, 105.6.9, 106, 107.1, 108, 109, 113, 114, 303, 305, 306, 307, 308.1.4, 308.1.6.3, 309, 311, 321, 403.10.5, 503, 510.3, 805, 806, 807, and 808, Chapter 4 and Appendix B, BB, C,CC, D, E, F, G, I, K, N, O and Division 1 California Administration and Division II scope Administration as published by the International Code Council, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and fr om conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said California Fire Code, 2022 Edition, on file in the office of the City of Ceres Building Division is hereby referred to, adopted, and made a part in accordance with, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this Chapter and is adopted as the Fire Code of the City of Ceres.

15.08.030
Administration.

This Chapter is to be administered in accordance with Chapter 15.01.040, Administration under General Provisions, unless more specific requirements are given in this Chapter.

15.08.040 Enforcement.

Enforcement of Ceres Fire Code shall be in accordance with Chapter 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.

15.08.050 Section 105.1.2 of the CFC Amended; Types of Permits.

Section 105.1.2 of the California Fire Code is hereby amended to read as follows:

Section 105.1.2 Types of Permits. Permits required by this Code, see Section 105.1.1 through 105.

6.24, shall be issued by the fire code official. Permit fees, if any, adopted by the Council of the City of Ceres by Resolution from time to time, affixing a fee for any permit issued pursuant to the Fire Code.

15.08.060 Section 105.2 of the CFC Amended; Application.

Section 105.2 Application. of the California Fire Code is hereby amended to read as follows:

Section 105.2 Application for a permit required by this Code shall be made to the fire code official in su
ch form and detail as prescribed by the fire code official. Applications for permits ITEM 20
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION

{CW090978.8}

ATTACHMENT B
shall be accompanied by such plans prescribed by the fire code official and applicable fees established by resolution by the Ceres City Council.

15.08.110 Section 112.4 of the CFC Amended; Violation Penalties.

Section 110.4 of the 2022 California Fire Code, Division II Administration is hereby amended to read as follows:

Section 112.4 Violations Penalties. People who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Chief, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by fine of not more one hundred thirty dollars ($130.00) for the first conviction, a fine not exceeding seven hundred dollars ($700.00) dollars for a second conviction within a one year period, and a fine of one thousand three hundred dollars ($1,300) for a third conviction within a one year period.

Each day that a violation continues after due notice has been served shall be deemed a separate offense.

15.08.120 Section 312.2 of the CFC Amended; Vehicle Impact Protection.

Section 312.2 of the California Fire Code is hereby amended to read as follows:

Section 312.2. Posts. Guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be:

1. Constructed of steel not less than six (6) inches in diameter and concrete filled.

15.08.130 Section 503 of the CFC Adopted; Fire Apparatus Access Roads.

Section 503.2.3 is added to the California Fire Code and reads as follows:

Section 503.6.1 is added to the California Fire Code and reads as follows:

Section 503.6.1 Plans and Specifications. Prior to the installation of any gate or other device that will obstruct the access of emergency vehicles or emergency personnel, to any area, the person wishing to install the device shall submit plans and specifications to the Ceres Building Division with routing to the Fire Department for plan approval. Plans shall include the following information:

ITEM 20
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION

{CW090978.8}

ATTACHMENT B

1. Site plan drawn to scale with the following:

a. Property lines.

b. Building footprint(s).

c. Proposed fence, pedestrian gate(s), vehicular gate(s).

d. Non-motorized gates shall include a Knox Key Switch/Knox Box and the proposed location.

e. Physical address.

f. California contractor's license number, company name, address, and telephone number.

Appendix D Section D101.1 is added to the California Fire Code and reads as follows:

15.08.170 Section 605.8 of the CFC Amended; Incinerators.

Section 603.8 of the 2022 California Fire Code is hereby amended to read as follows:

Section 603.8. Incinerators. The use of incinerators is prohibited inside the City limits of Ceres.

Exception: Incinerators used by state-licensed facilities for the cremation of human or pet remains.

15.08.180 Section 605.8.1 of the CFC Deleted; Residential Incinerators.

Section 605.8.1 of the California Fire Code is hereby deleted.

15.08.190 Section 605.8.2 of the CFC Deleted; Spark Arrestor.

Section 605.8.2 of the California Fire Code is hereby deleted.

15.08.200 Section 605.8.3 of the CFC Deleted; Restrictions.

Section 605.8.3 of the California Fire Code is hereby deleted.

ITEM 20
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Title 15 BUILDINGS AND CONSTRUCTION

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ATTACHMENT B

15.08.220 Section 903.2 of the CFC Amended. Automatic Fire Sprinkler Systems.

Section 903.2 of the California Fire Code is hereby amended to read as follows:

Section 903.2 Where required.

1. New Construction.

An approved automatic fire sprinkler system is required in the locations described in Sections 903.2.1 through 903.2.12 in all new buildings and structures constructed on or after the effective date of this ordinance, notwithstanding the use and occupancy thereof, when the total floor area under one roof exceeds five thousand (5,000) square feet. Fire area separation walls shall not be used for the purpose of eliminating automatic fire sprinkler systems required by this section. (a) Wh
en automatic sprinkler systems are required by the Ceres Municipal Code or the 2019 2022 California Fire Code for certain uses and/or occupancies, the requirements of Section
903.2 of the 2019 2022 California Fire Code shall also apply.

Exception: Carports, sheds, tanks, towers and agricultural buildings.

2. Existing Buildings and Structures.

An approved automatic fire sprinkler system shall be installed in the locations described in Section 903.2.1 through 903.2.12 in all existing buildings and structures when the value of additions, alterations or repairs are made within any twelve -month period that exceed fifty (50) percent of the current county assessed valuation for improvements only in the existing building or structure that exceeds five thousand (5,000) square feet or additions result in said building or structure exceeding five thousand (5,000) square feet.

1. Exception: Carports, sheds, tanks, towers and agricultural buildings.

2. Each portion of an existing building or structure separated by one or more fire walls, constructed in accordance with the current adopted edition of the Building Code, when each portion does not exceed five thousand (5,000) square feet.

15.08.230 Section 906.9.1 of the CFC Amended; Extinguishers Weighing 40 Pounds or Less.:

Section 906.9.1 of the California Fire Code is hereby amended to read as follows:

Section 906.9.1. Extinguishers Weighing 40 Pounds or Less. Portable fire extinguishers having a gross weight not exceeding forty (40) lbs. (18 kg) shall be installed so that their tops are not more than four (4) feet above the floor.

Existing Installations. Portable fire extinguishers shall only be required to be lowered during tenant improvements.

15.08.240 Section 5001.5.2 of the CFC Amended. Hazardous Materials Inventory Statement.

Section
5001.5.2 of the 2022 California Fire Code is hereby amended by adding the following:

ITEM 20
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION

{CW090978.8}

ATTACHMENT B

10. Key Box. When required by the Fire Code Official, an approved key box, sized to contain emergency information, (HMMP, HMIS, and Safety Data Sheets) shall be provided.

15.08.250 Section 5003.3.1.4 of the CFC Amended. Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.

Responsibility for Cleanup. The person, firm or corporation responsible for an unauthorized discharge shall initiate and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Fire Code Official, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.

For purposes of this section, costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker's compensation benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials. The authority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.

15.08.270
Section 5608.2 of the CFC Added; Fireworks Display.

Section 5608.2 of the California Fire Code is hereby added to read as follows:

Section 5608.2. Fireworks Display.

Section 5608.2.1 Permit. Every permit application for approval to conduct a public display of fireworks shall be accompanied by a non -refundable fee as established by resolution of the City Council from time to time.

15.08.280 Sales, Storage, Use, and Handling of Fireworks.

Section 5608 of the 2022 California Fire Code is hereby amended by adding the following:
5608.6 General. Sales, storage, use, and handling of fireworks shall be in accordance with this chapter.

1. Sales. Retail sale or display with the intent to sell fireworks is limited to State of California Fire Marshal approved and labeled "Safe and Sane" fireworks within the City of Ceres, by State of California licensed retailers, provided a permit to sell those fireworks has been approved and obtained from the Fire Code Official. Fireworks may be sold or offered for sale from 12:00 noon to 10:00 p.m. on June 28, 9:00 a.m. to 10:00 p.m. on June 29 through July 5, and 9:00 a.m. to 12:00 noon on July 6.

The storage of fireworks within the City of Ceres is limited to State of California Fire Marshal- approved and labeled "Safe and Sane" fireworks by State of California licensed wholesalers and retailers.

ITEM 20
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Title 15 BUILDINGS AND CONSTRUCTION

{CW090978.8}

ATTACHMENT B
(A) Wholesale Storage. Wholesalers may store "Safe and Sane" fireworks within the City of Ceres solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with H3 occupancy classification requirements as defined by the 2022 California Building Code.
(B) Retailers Storage. Retailers may store "Safe and Sane" fireworks within the City of Ceres solely during the period of June 22 through July 15 of each year. "Safe and Sane" fireworks that are not being sold or displayed with the intent to sell, shall be stored solely in the following manner:
(1) Within the permitted fireworks stand with a responsible adult on the premises at all times.
(2) In a completely enclosed and locked utility type trailer constructed of one-fourth (1/4) inch plywood or other approved noncombustible material. (3) In a completely detached garage on residential property with a minimum ten (10) feet clearance from other structures or property lines. There shall be no open- flame or spark producing equipment, or Class 1 flammable liquids stored or used within the garage.
(4) Fireworks shall not be stored within forty (40) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any place of public assembly that can accommodate fifty (50) or more persons. (5) In an approved and permitted fireworks warehouse.

2. Operator Safety. Each year, one (1) or more representatives from each organization, that is granted a permit to sell fireworks, shall attend a stand operator safety seminar conducted by the Fire Code Official and the fireworks industry. Failure to attend the seminar shall result in the revocation of the organization's permit to sale fireworks for that calendar year.

3. Temporary Fireworks Stands.
(1) All retail sales of "Safe and Sane" fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited.
(2) City Business License, Fire Department Permit and State License shall be displayed in the fireworks stand during hours of operation.
(3) Temporary fireworks stand shall not be set up before application for permit has been approved no earlier than June 14.
(4) The fireworks stands shall be located at least twenty (20) feet from other structures. (5) Zoning of property, in which the fireworks stand will be located, shall be in accordance with Section 10-2.2330 of the Modesto Municipal Code. (6) Fireworks shall not be stored, sold, offered for sale, or discharged within one hundred (100) feet of a location where gasoline, LPG, other class 1 flammable liquids or flammable gasses are stored or dispensed.

ITEM 20
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Title 15 BUILDINGS AND CONSTRUCTION

{CW090978.8}

ATTACHMENT B

(7) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on the 6th day of July.
(8) The fireworks stand shall be removed from the temporary location by 12:00 noon on the 12th day of July, and all accompanying litter shall be cleared from said location by said time and date.
(9) A penalty of one hundred dollars ($100.00) per day will be assessed to the permittee of any fireworks stand not removed by 12:00 noon on the 12th day of July.

4. Safety Precautions.
(1) No person under the age of eighteen (18) shall sell, or handle for sale, any classification of fireworks.
(2) No person under the age of eighteen (18) shall purchase or be allowed to purchase any classification of fireworks.
(3) Smoking, open- flame, and spark-producing equipment shall be prohibited for a distance of twenty (20) feet around any fireworks stand. (4) Dry grass, weeds, trash, and other combustible material shall be removed for a distance of twenty (20) feet around any fireworks stand. (5) Fireworks shall not be discharged within fifty (50) feet of a fireworks stand.

5. Stand Construction.
(1) Merchandise may be displayed in approved glass enclosed counters or showcases, or (2) Merchandise may be displayed in stands constructed in the following manner:
(A) Walls and roof shall be of plywood at least one-fourth (1/4) inches thick or of an approved noncombustible material.
(B) The stand shall be provided with a roof.
(C) Walls shall extend to a minimum height of six (6) feet eight (8) inches, on at least three (3) sides. These three (3) sides shall be without openings, except for an exit door.
(D) An exit door with a minimum size of twenty -four (24) inches in width and six (6) feet in height shall be provided in each stand. Exits shall be maintained clear and unobstructed at all times.
(E) The front wall of the stand shall provide a physical barrier not less than eighteen (18) inches in height between the public and the merchandise on display. (F) Approved "NO SMOKING" signs shall be prominently displayed in and on the stand.
(G) Approved "NO SALES TO PERSONS UNDER THE AGE OF 18" signs shall be prominently displayed in the stand.
(H) An approved fire extinguisher having a minimum classification of 2A10BC shall be located in the stand, near the exit and readily accessible.

ITEM 20
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Title 15 BUILDINGS AND CONSTRUCTION

{CW090978.8}

ATTACHMENT B
(I) Sellers of fireworks shall comply with all rules and regulations of Title 19 of the California Code of Regulations and with the rules and regulations of the Fire Code Official.
(J) Stands will be limited to twenty -four (24) feet by eight (8) feet or one hundred ninety-two (192) square feet in size. Pre-existing stands as identified by the fireworks suppliers shall retain the right to operate their oversized stands, without change, until said stand or organization forfeits or loses their operating permit. A copy of said list shall remain on file with the Fire Code Official.

6. Operation of Fireworks Stand Only by Permittee.
(1) It is unlawful for the permittee organization to allow any person or entity other than the permittee organization to operate the fireworks stand for which the permit is issued, whether by agreement, assignment or otherwise, or to otherwise participate in the profits of the operation of such fireworks stand. Violations will result in the immediate loss of the organization's permit.
(2) It is unlawful for a non -profit organization to allow any person other than the individuals who are members of the permittee organization, their spouses or adult children, or volunteers to whom no compensation is paid, to sell or otherwise participate in the sale of fireworks at such fireworks stand. (3) It is unlawful for a non -profit organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such fireworks stand, except the hiring of a night watchman or security officer.

ITEM 20
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION

{CW090978.8}

ATTACHMENT B

15.08.290 Findings for Changes, Modifications, and Additions to the 2022 California Fire Code Part 9.

Pursuant to California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5, the City of Ceres hereby expressly finds that all of the changes and modifications to the 2022 California Building Standard Code made by this Title and which are not merely administrative changes, are reasonably necessary because of local Climatic, Geological or Topographical condition within the City of Ceres as more particularly described in the table set forth below.

Finding(s)
Application
Condition Findings
CCR California
Fire
Code Part 9
Climactic Reduced visibility due to dense fog occurring during winter months which causes delays in fire response
CCR California
Fire
Code Part 9
Topographical Delayed fire response by railroad tracks that:
a. Divide the City from East to West

b. Tracks run parallel to Highway 99 through the City,
restricting response at locations where overpasses are not provided
CCR California
Fire
Code Part 9
Topographical Turlock Irrigation District canal restricts access to Neighborhood developments. Mitchell Rd. from Faith Home Rd. to Hwy 99 at Mitchell Rd.

CCR California
Fire
Code Part 9
Topographical Delayed fire response due to Hwy 99, which divides the City in half. Delays are due to major traffic congestion at overcrossings CCR California
Fire
Code Part 9
Climactic Summer conditions are very dry, hot and windy causing ordinary combustibles to easily ignite and fires to spread rapidly
ITEM 20
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION

{CW090978.8}

ATTACHMENT B

ITEM 20
ITEM 20

ATTACHMENT C
{CW138382.1}

CITY OF CERES

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing for an Ordinance, which was introduced for a first reading on Tuesday, May 28, 2024, at 6:00 p.m. and will be considered for adoption on June 24, 2024 or as soon thereafter as the matter may be heard, in the City Council Chambers located at 2701 Fourth Street, Ceres, California, to consider the following:

To receive and consider all evidence and reports relative to adoption of an Ordinance of the City Council of the City of Ceres amending Chapter 8, California Fire Code, of Title 15 of the Ceres Municipal Code to adopt the 2022 California Fire Code (“Ordinance”).

The purpose of the public hearing is to receive public comments on the proposed amendments to the California Fire Code as outlined in the proposed Ordinance. The proposed amendments to Chapter 8 include additions, modifications, and changes to the 2022 California Fire Code, which are deemed reasonably necessary due to local climate and geographic conditions.

All Interested parties are invited to attend the public hearing and provide comments in the proposed Ordinance. Written comments may be submitted to the City Clerk prior to the hearing.

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538- 5731.

If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.

/s/ Fallon Martin, City Clerk

Date Notice Posted: June 5, 2024 & June 12, 2024

ITEM 20
ITEM 20

COUNCIL AGENDA REPORT

Ordinance No. 2024-XXXX, An Ordinance of the City Council of the City of Ceres A mending Title 15 of the City of Ceres Municipal Code, and Adopting by Reference the California Code of
Regulations Title 24, 2022 Edition, of the California Building Standards Code and to Set a Public H earing on July 22, 2024, for a Second Reading and Adoption of the Ordinance
RECOMMENDED COUNCIL ACTION:

1. Int
roduce and waive the first reading of the ordinance amending Title 15 of the Ceres Municipal Code, and adopt, by reference, the California Code of Regulations Title 24, 2022 Edition, of the California Building Code; and

2. Set
a public hearing on July 22, 2024 to waive the second reading and adopt the ordinance; and
I. BACKGROUND:

The Cal
ifornia Building Standards Commission (BSC), an entity within the California Consumer Services Agency, develops the California Building Standards Code known as the California Code of Regulations (CCR) Title 24. Cities and counties are required by state law to enforce the CCR Title 24 (Health and Safety Code sections: 17950, 17958, 17960, 18938(b), 18941, 18941.5, 18945, and 18948).

The BS
C develops the State’s Building Standards by amending the existing model codes, known as the International Building Codes, which are enforced nationally, and publishes the amendments along with the body of the model codes in twelve parts. The BSC adopted and approved the 2022 Edition of the California Building Standards, CCR Title 24, Parts:
1, 2, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 on January 18-20, 2022, published them on July 1, 2022, and they became effective on January 1, 2023.

ITEM 21
Attached to this item, (see Attachments C and D), are the official bulletins issued by the BSC to the local jurisdictional Building Officials and other interested parties. The bulletin provides the local jurisdictions with the statewide effective date, availability of the code, and the notification of enforcement responsibility. The twelve CCR Title 24 parts are as follow:

• Part 1, 2022 California Administrative Code
• Part 2, 2022 California Building Code, Vol. 1 and Vol. 2 • Part 2.5, 2022 California Residential Code
• Part 3, 2022 California Electrical Code
• Part 4, 2022 California Mechanical Code
• Part 5, 2022 California Plumbing Code
• Part 6, 2022 California Energy Code
• Part 7, Vacant, formerly California Safety Construction Code • Part 8, 2022 California Historical Building Code
• Part 9, 2022 California Fire Code
• Part 10, 2022 California Existing Building Code
• Part 11, 2022 California Green Building Standards Code • Part 12, 2022 California Referenced Standards Code

The BSC publishes and adopts the CCR Title 24, in its entirety, every three years; commonly referred to as the triennial code cycle. The proposed ordinance amends Title 15 of the Ceres Municipal Code to adopt the entire 2022 CCR Title 24 with the exception of Parts 7 and 9 of the approved standards. CCR Title 24, Part 9, 2022 Fire Code, was previously presented for adoption by the Ceres Fire Department on May 28, 2024. Part 7 is currently vacant. The proposed ordinance amendment is provided as Attachment B as a Track Changes version.

The BSC does not mandate the adoption of specific administrative provisions within the model codes. Therefore, cities and counties must adopt ordinances specifically stating how they will administer the State’s Building Standards. This allows local jurisdictions to make changes appropriate to each jurisdiction’ s need. As an example, this proposed ordinance amends the 2022 California Building Code, Chapter 1, Division II, Scope and Administration, in order to bring it in line with the City’s business practices. Such adoptions and an express finding statement must be filed with the BSC but the majority of such changes are administrative in nature and do not constitute substantive amendments to the Building Standards Code. Those business practices are reflected in local amendments to Title 15 of the Ceres Municipal Code that have been adopted in the past and are being carried forward as part of this proposed update.

Per Health and Safety code section 17958.7, each jurisdiction may draft requirements that are more restrictive than that mandated by the CCR Title 24 due to local topographic, geological, or climatic conditions. No such requirements exist for this Code update.

As mentioned above, the 2022 CCR Title 24 is mandated by the State and passed down to the local jurisdictions to enforce without funding. Staff rely on the training received by it plans examiners to enforce and implement the mandatory measures, efficiently, and in the least evasive means possible for the building community.

ITEM 21
Copies of the 2022 CCR Title 24 and is available on the BSC’s website:
https://www.dgs.ca.gov/BSC/Codes.

II. REASONS FOR RECOMMENDATION:

Approval of this action supports public health, safety, and welfare by ensuring that new and rehabilitated infrastructure abides by the most current building codes. Ensuring compliance with the most up- to-date Building Code ensures development of a saf e and healthy community.

III. F
ISCAL IMPACTS:

There are no direct fiscal impacts to the City from the approval or denial of this Ordinance.

IV. EXI STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. O PTIONS FOR CITY COUNCIL :

The 2022 California Building Code was effective January 1, 2023, as established by the California Building Standards Commission. In accordance with California Health and Safety Code, Section 18938.5, all applications for building permits submitted on or after January 1, 2023, are subject to compliance with the 2022 California Building Standards Code, regardless if a particular City has adopted by reference the latest CBC. As such, the Council could choose to not adopt the 2022 CBC, but the City’s Chief Building Official is still obligated to enforce the updated standards. Adoption of the 2022 Code allows the City to avail itself of any amendments or modifications as previously discussed. Without adoption of a local Ordinance, the City may not except any part of the Code.

VI. I
NTERDEPARTMENTAL COORDINATION:

The proposed changes were drafted in coordination with the City Attorney’s Office and the Stanislaus County Building Permit Division.

VIII. ENVI RONMENTAL REVIEW:

Adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) in that, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that the ordinance may have a significant effect on the environment.

IX. ST
EPS FOLLOWING APPROVAL :

In accordance with Government Code section 50022.3, the City Council must schedule a public hearing after the first reading of the title of the proposed ordinance. At the public hearing, staff will recommend that the Council:

1. Find that the proposed ordinance is exempt under the provision of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and

ITEM 21

2. Find that the Ceres City Council Ordinance 2020- 1058, and any previous ordinance, in conflict with this proposed ordinance will be superseded and expressly repealed upon adoption of the proposed ordinance.

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

1. Attachment A – Proposed City Council Ordinance

2. Attachment B – Ordinance Amending Title 15 of the Ceres Municipal Code, and Adopting by reference the California Code of Regulations Title 24, 2019 Edition, of the California Building Standards Code (Track Changes Version)

3. Attachment C – California State B uilding Standards Commission Information Bulletin 22-01

4. Attachment D – California State B uilding Standards Commission Information Bulletin 22-02

5. Attachment E – Public Hearing Notice
ITEM 21

ATTACHMENT A

ORDINANCE NO. 2024-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES
AMENDING TITLE 15 OF THE CERES MUNICPAL CODE, AND

ADOPTING BY REFERENCE THE CALIFORNIA CODE OF
REGULATIONS TITLE 24, 2022 EDITION, OF THE CALIFORNIA

BUILDING CODE

WHEREAS the California Building Standards Commission ("Commission") adopts a comprehensive update to the California Building Standards Code every three years; and

WHEREAS, the Commission completed the adoption of the 2022 update to the California Building Standards Code ("2022 Code”) in early 2022, with updates made available to the public by July 1, 2022, and an effective date of January 1, 2023; and

WHEREAS, the City is authorized to adopt amendments to the 2022 Code in order to incorporate appendices, address unique administrative requirements of the City, and in order to modify building standards to the extent that the modifications are reasonably necessary because of local climatic, geological, or topographical conditions (pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, and California Government Code Section 50022.2); and

WHEREAS, Title 15, Chapter 8, California Fire Code was previously approved for amendment by the City Council on May 28, 2024; and

WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and

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

SECTION 1. AMENDMENT OF CODE SECTION. Title 15 of the Ceres Municipal Code is hereby amended to reflect the change from the 2019 edition of the California Building Standards Code, Title 24 to the 2022 edition of the California Building Standards Code, Title 24 as referenced in the following sections: 15.01.010; 15.01.030;

15.01.040; 15.02.040; 15.03.040; 15.04.010; 15.04.040; 15.05.020; 15.06.040;

15.07.020; 15.09.020; 15.10.020; 15.11.020; 15.12.020; and 15.13.020. Minor administrative changes were made to section 15.05.050; 15.05.060; 15.06.050;

15.06.070; and 15.090.060 was removed.

ITEM 21

ATTACHMENT A

SECTION 2. FINDINGS AND DECLARATION. Various provisions of this ordinance contain minor modification to the 2022 Edition of the California Building Standards Code. These changes are administrative in nature and do not constitute changes or modifications to requirements contained in the California Building Standards Code. References in City forms, documents and regulations to the formerly adopted Title 15 of the Ceres Municipal Code, shall be construed to apply to the most current and adopted corresponding provisions contained within Title 15 of the Ceres Municipal Code.

SECTION 3. EFFECTIVE DATE. This ordinance shall take effect 30 days from and after the date of its passage and before the expiration of 15 days after its passage it shall be published once, with the members voting for and against the same, in the Ceres Courier, a newspaper published in the City of Ceres, State of California in accordance with Government Code section 25124(b)(1).

SECTION 5. PUBLICATION. This Ordinance shall be posted 15 days prior to the public hearing. The first publication of Notice of Hearing and Ordinance shall be posted once a week for two weeks prior to the public hearing. A second publication of Notice of Hearing and Ordinance shall be posted once a week for two weeks prior public hearing.

ITEM 21

ATTACHMENT A

SECTION 8. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL . This Ordinance was introduced at a meeting of the Ceres City Council held on the 24th day of June 2024, and passed and adopted as Ordinance No. 2024-XXXX at a regular meeting of the City Council held on the 22nd day of July 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney
ITEM 21
ITEM 21
Ceres, California, Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION

Ceres, California, Municipal Code Created: 2024-01-21 14:17:27 [EST] (Supp. No. 2)

Page 1 of 31 ends

Title 15

BUILDINGS AND CONSTRUCTION
CHAPTER 01 GENERAL PROVISIONS

15.01.010 - Adoption by reference of the California Building Standards Code.

15.01.020 - Mandatory duty of care.

15.01.030 - Savings clause.

15.01.040 - Administration.

15.01.050 - Liability.

15.01.010 Adoption by reference of the California Building Standards Code.

The purpose of this title is to adopt by reference the 20222019 e dition of the California Building Standards Code, title 24—part 1; part 2, volumes I & II; part 2.5; part 3; part 4; part 5; part 6; part 8; part 9; part 10; and part 11 of the California Code of Regulations subject to the definitions, clarifications, and the amendments set forth in this title. The purpose of this title is also to provide minimum requirements and standards for the protection of public safety, health, property, and welfare of the City of Ceres. This chapter is adopted under the authority of Government Code section 50022.2 and Health and Safety Code section 18941.5.

15.01.020 M
andatory duty of care.

This title is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

15.01.030 Savings clause.

The provisions of this title shall not affect or impair an act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution shall remain in full force and effect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by this Municipal Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered.

ATTACHMENT B
ITEM 21

Created: 2024-01-21 14:17:24 [EST]
(Supp. No. 2)

Page 2 of 31 ends

15.01.040 Administration.

California Building Code, 20222019 e dition, chapter 1, divisions I and II shall serve as the administrative, organization and enforcement rules and regulations of this title, unless more specific requirements are given in another adopted code.

15.01.050 L iability.

This title shall not be construed as imposing upon the City, any liability or responsibility for damage resulting from defective buildings, nor shall the City, or any official or employee thereof, be held as assuming any such liability or responsibility by reason of the inspections authorized thereunder.

CHAPTER 02 BUILDING CODE

15.02.010 - Title.

15.02.020 - Administration.

15.02.030 - Enforcement.

15.02.040 - Adoption by reference of the California Building Code.

15.02.050 - Section 105.1.1 Annual Permits; deleted.

15.02.060 - Section 105.1.2 Annual Permit Record; deleted.

15.02.070 - Section 105.3.1 Action on Application; amended.

15.02.080 - Grading permit fees.

15.02.090 - Section 105.5 of the California Building Code Expiration; amended.

15.02.100 - Section 109.2 through section 109.4 of the California Building Code Schedule of Permit Fees; amended.

15.02.110 - Section 109.6 of the California Building Code Refunds; amended.

15.02.120 - Section 111 Certificate of Occupancy; Failure to Comply; Discontinuance of Utility Service; amended.

15.02.130 - Section 112.3 Authority to Disconnect Service Utilities; amended.

15.02.010 Title.

This chapter shall be known and cited as the "Ceres Building Code" and may hereinafter be referred to as "Ceres Building Code." Chapter, division, part, section, subsection, and appendix numbers used in sections 15.02.010. through 15.02.130 are those of the California Building Code or codes adopted therein by reference.

15.02.020 Administration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unl
ess more specific requirements are given in this chapter.

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15.02.030 Enforcement.

Enforcement of the Ceres Building Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.

15.02.040 Adoption by reference of the California Building Code.

In order to regulate the erection, construction, enlargement, alteration, repair, moving, re
moval, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area, and maintenance of all buildings and structures within the City of Ceres, the 20222019 edition of the California Building Code, Title 24, part 2, volumes 1 and 2, published by the International Code Council (ICC), administrative sections, chapter 29, appendices A, C, and I; and amendments, as adopted by the Building Standards Commission of the State of California and codified at title 24, part 2 in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made part of this chapter as though set forth in full. A true and correct copy of the 20222019 California Building Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection by the public.

15. 02.050 Section 105.1.1 Annual Permits; deleted.

Section 105.1.1 of the California Building Code is deleted.

15.02.060 Section 105.1.2 Annual Permit Record; deleted.

Section 105.1.2 of the California Building Code is deleted.

15.02.070 Section 105.3.1 Action on Application; amended.

Section 105.3.1 of the California Building Code is amended to read as follows:

PERMIT ISSUANCE. The application, plans, and specifications filed by an applicant for a permit shall be checked by the Building Official. Such plans may be reviewed by other departments of the City to check compliance with the laws and ordinances under their jurisdiction. If the Building Official is satisfied that the work described in an application for a permit and the plans filed therewith conform to the requirements of this Code and other pertinent laws and ordinances, and that the fee established by the City Council has been paid, he or she shall issue a permit therefor to the applicant.

When the Building Official issues the permit, he or she shall endorse in writing, or stamp, o
n both sets of plans and specifications, "ACCEPTED FOR CONSTRUCTION." Such approved ITEM 21

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plans and specifications shall not be changed, modified, or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans.

The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the entire building or structure have been submitted to be approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the Code. The holder of such permit shall proceed at his or her own risk, without assurance that the permit for the entire building or structure will be granted.

A permit shall not be issued for any new building or structure, or for any building or structure which changes the occupancy as herein defined, when said building is located on property abutting a public road, street, or alley for which improvement standards have been fixed and designated, until additional right of way for the improvement of all roads, streets, or alleys adjoining the property shall be dedicated and the improvements installed and accepted by the City, except as follows:

A. The first time an addition or new structure is added which is four hundred (400) square feet or less.

B. The City Council, by minute action, has granted approval for a second or later addition, or new structure of four hundred (400) square feet or less.

C. Where the existing structure or building has been destroyed by fire or natural disaster.

On garages or carports of four hundred (400) square feet or less, the dedications and improvements shall be constructed on the full street and/or alley frontage(s) to be used by the vehicle when entering and/or exiting the garage or carport. Where improvements are required pursuant to this section, the Building Official may issue a permit to the applicant, if an agreement to dedicate right of way with an approved security is given to insure the construction of improvements, which is accepted by the City Engineer.

15.02.080 Grading permit fees.

Grading permit fees shall be set by resolution of the City Council.

15.02.090 Section 105.5 of the California Building Code Expiration; amended.

Section 105.5 of the California Building Code is amended to read as follows:

PERMIT EXPIRATION AND EXTENSION: Every permit issued by the Building Official under the provisions of the Code shall expire by limitation and become null and void if the building or work authorized by such permit is not completed within two (2) years from date of issuance.

After expiration and before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and ITEM 21

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specifications for such work; and provided further, that such expiration has not exceeded one year. In order to renew action on a permit after expiration of more than one year, the permit holder shall pay a new full permit fee.

Any permit holder, holding an unexpired permit may, prior to the expiration of such permit, submit a request in writing to the Building Official for an extension of the permit. Upon the timely receipt of such request by the Building Official, the Building Official may grant a one- year extension of the permit upon the payment of the required fee for the extension, which fee shall be established by resolution of the City Council. No permit shall be extended more than twice.

15.02.100 Section 109.2 through section 109.4 of the California Building Code Schedule of Permit Fees; amended.

Section 109.2 through section 109.4 of the California Building Code are amended to add:

A. The City Council shall, by resolution, establish the number of permit fees required or authorized by this chapter to be paid to the Building Official. The determination of value or valuation under any of the provisions of the Code shall be made by the Building Official. The valuation to be used in computing the permit and plan check fee shall be based on the actual, reasonable costs for services provided by the City.

When work for which a permit is required by this Code is started prior to obtaining a permit, a penalty equal to the amount of the permit fee shall be paid in addition to the permit fee but the payment of such penalty and permit fee shall not relieve any persons from fully complying with the requirements of the Code in the execution of the work nor from any other penalties prescribed herein.

B. EXPIRATION OF PLAN CHECK: Applications for which no permit is issued within one hundred eighty (180) days following the submission date of application shall expire by limitation, and plans submitted for checking may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for issuance of a permit for a period not exceeding one hundred eighty (180) days, upon written request filed by the applicant, prior to the expiration of the initial one hundred eighty (180) days, showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan check fee.

The Building Official may extend the time for issuance of a permit beyond three hundred sixty (360) days from the submission of the application of the permit, provided no changes have been made or will be made in the original plans and specifications for such work; no changes have been made or will be made in the building codes that are applicable to such work; no changes have been made or will ITEM 21

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be made in developing plans which would affect such work; and provided that such extensions will not prevent the addition of new City fees.

C. REINSPECTION FEE: The fee for each reinspection shall be established by resolution of the City Council.

D. FEES TO GOVERNMENTAL AGENCIES: Plan checking fees and permit fees shall not be required for the issuance of building permits to governmental agencies.

E. ROUTINE PERMIT PROCEDURE: The Building Official is hereby authorized to establish a system for the issuance of routine permits and collection of routine permit fees and to issue such directives and regulations as are deemed necessary to facilitate and govern the operation and administration of such a system.

F. DEPOSITS: A work completion guarantee deposit may be required by the Building Official for demolition or relocation of buildings and where utility connections are requested prior to the completion of any new building or structure. The amount and form of said deposits shall be established, by resolution, by the City Council.

15.02.110 Section 109.6 of the California Building Code Refunds; amended.

Section 109.6 of the California Building Code is amended to read as follows:

A. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

B. The Building Official may authorize the refunding of not more than eighty (80%) of the permit fee paid, when no work has been commenced under a permit issued in accordance with this Code, and the permit, or any extension thereof, has not expired.

C. The Building Official may authorize the refunding of not more than eighty percent (80%) of the plan review fee paid, when an application for a permit for which a plan review fee has been paid is withdrawn or canceled, before any plan reviewing has commenced.

15.02.120 Section 111 Certificate of Occupancy; Failure to Comply; Discontinuance of Utility Service; amended.

Section 111.5 is added to the California Building Code to read as follows California Building Code:

Section 111.5 Discontinuance of Utility Services.

A. Whenever a temporary certificate of occupancy is granted under the authority of this Code prior to final inspection and/or final corrections, the occupant, owner, and contractor shall sign a temporary certificate of occupancy prior to occupying the building, agreeing to make all corrections required and/or listed within thirty (30) days of occupancy. If corrections are not completed within thirty (30) days, the ITEM 21

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Building Official shall have the power to request the immediate discontinuance of all services to the building or structure.

B. If any building or structure is occupied prior to the issuance of a certificate of occupancy or temporary certificate of occupancy, the Building Official shall have the power to request the immediate discontinuance of all utility services to the building or structure.

15.02.130 Section 112.3 Authority to Disconnect Service Utilities; amended.

Section 112.3 of the California Building Code is amended to read as follows:

Section 112.3 Authority to Disconnect Service Utilities

1. DEFINITION. "Utilities," as used in this section, means the gas, electricity, water, or telephone service served by a public utility

2. AUTHORITY. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code in case of an emergency where necessary to eliminate an immediate hazard to life or property, or in the case where such utility connection has been made without the approval required by sections 112.1 and 112.2. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, of the decision to disconnect prior to taking such action under the following conditions:

A. There is an immediate hazard to life or property.

B. Continued use of public utilities present a hazard to life or property.

C. The public interest is served by removing the utilities.

D. The lack of maintenance presents a hazard to life or property.

E. The utilities contribute to the structure being an active nuisance.

F. The structure has been posted "UNSAFE TO OCCUPY," and the disconnection of the utilities will deter illegal reoccupation of the structure.

G. Modifications have been made to a structure or equipment and said modifications create a hazard to life or property.

H. The connection has been made without approval as required by sections 112.1 or 112.2.

2. NOTICE OF DISCONNECTION.

A. When the Building Official has determined that utilities are to be disconnected, he or she shall notify the owner of the property. The notice shall state the reasons for disconnection and the length of time for the owner to correct.

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B. The notice shall be in writing and shall be posted in a conspicuous place upon the property for a period of seven days and be mailed to the property owner as shown on the assessment roll. The mailed notice shall be accompanied by a copy of this chapter.

3. APPEAL
If the property owner objects to the determination of the Building Official that the condition of the property is such as is described in this section, the property owner may file an appeal of the Building Official's determination pursuant to Chapter 14 of this title. If after all exhausting all appeals available under Chapter 14 of this title, the determination of the Building official is upheld, the property owner shall be allowed seven days thereafter to comply after which the Building Official can cause the utilities to be disconnected after providing notice in accordance with this section.

4. DISCONNECTION
If, after giving notice as provided by this section, the owner has failed to comply with the notice or has not successfully objected thereto, the building official shall cause the utilities to be disconnected.

CHAPTER 03 EXISTING BUILDING CODE

15.03.010 - Title.

15.03.020 - Administration.

15.03.030 - Enforcement.

15.03.040 - Adoption by reference of the California Existing Building Code.

15.03.010 Title.

This chapter shall be known and cited as the "Ceres Existing Building Code" and may hereinafter be referred to as "Ceres Existing Building Code." Chapter, division, part, section, subsection, and appendix numbers used in sections 15.03.010 through 15.03.040 are those of the California Existing Building Code or codes adopted therein by reference.

15.03.020 Administration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.

15.03.030 Enforcement.

Enforcement of Ceres Existing Building Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.

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15.03.040 Adoption by reference of the California Existing Building Code.

In order to provide minimum standards to safeguard life, limb, health, property, and public w
elfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance, and use of existing buildings while reducing the risk of death or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing wall buildings within the City of Ceres, the 20222019 California Existing Building Code, title 24, part 10, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made part of this chapter as though set forth in full. A true and correct copy of the 20222019 California Existing Building Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection by the public. (Ord. No. 2020-1 058 , § 1, 3-23-2020)
CHAPTER 04 SOLAR/PHOTOVOLTAIC POWER

15.04.010 - Title.

15.04.020 - Administration.

15.04.030 - Enforcement.

15.04.040 - Solar/photovoltaic power systems.

15.04.010 Title.

This chapter shall be known and cited as the "Ceres Solar/Photovoltaic Power Code" and may
hereinafter be referred to as "Ceres Solar Code." Chapter, division, part, section, subsection, and appendix numbers used in sections 15.04.010 through 15.04.040 are those of the 20222019 California Residential Code, 20222019 California Electrical Code, 20222019 California Building Code, 20222019 California Fire Code and California State Fire Marshal Solar Photovoltaic Installation Guidelines (the "Solar Photovoltaic Installation Guideline," published April 22, 2008), and codes adopted therein by reference.

15.04.020 A
dministration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.

15.04.030 Enforcement.

Enforcement of Ceres Solar Code shall be in accordance with section 15.02.020, California Bu
ilding Code Administration, unless more specific requirements are provided in this Municipal Code.

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15.04.040 Solar/photovoltaic power systems.

A. Whe re installed. Solar photovoltaic power systems shall comply with the requirements of the 20222019 California Residential Code, 20222019 California Electrical Code, 20222019 California Building Code, 20222019 California Fire Code and California State Fire Marshal Solar Photovoltaic Installation Guidelines (the "Solar Photovoltaic Installation Guideline," published April 22, 2008).

B. T he City may impose fees related to Solar/Photovoltaic Power Systems and from time to time amend said fees by resolution.

C. Small residential rooftop solar energy system.

1. The following words and phrases as used in this section are defined as follows:
a. Electronic submittal. The utilization of one or more of the following:
i. E- mail;
ii. The internet;
iii. Facsimile.
b. Small residential rooftop solar energy system. Includes all of the following:
i. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal.
ii. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Civil Code section 714, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
iii. A solar energy system that is installed on a single or duplex family dwelling. iv. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction. c. Solar energy system. Has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Civil Code section 801.5, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

2. Government Code section 65850.5 provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop and adopt such checklist.

3. T
he checklist shall be published on the City's website. The applicant shall submit the permit application and associated documentation to the City's building division either ITEM 21

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by personal or, if available, electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

4. Prior to submitting an application, the applicant shall:
a. Verify to the City's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
b. At the applicant's cost, verify to the City's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

5. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Inspector and Fire Department designee. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.

6. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

7. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations within one to three working days in which the permit application is submitted. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

ITEM 21
Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 05 CALIFORNIA ELECTRIC CODE

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CHAPTER 05 CALIFORNIA ELECTRIC CODE

15.05.010 - Title.

15.05.020 - Adoption by reference of the California Electric Code.

15.05.030 - Administration.

15.05.040 - Enforcement.

15.05.050 - Article 89.108.4.1.A amended; Work Not Requiring Permit.

15.05.060 - Article 89.108.9.1.A amended; Dangerous and Unsafe Construction.

15.05.010 Title.

This chapter shall be known and cited as the "Ceres Electrical Code" and may hereinafter be referred to as "Ceres Electrical Code." Chapter, division, part, section, subsection, and appendix numbers used in sections 15.05.010 through 15.05.060 those of the California Electrical Code or codes adopted therein by reference.
(Ord. No. 2020-1058 , § 1, 3-23-2020)

15.05.020 Adoption by reference of the California Electric Code.

In order to provide minimum standards for the proper regulation of the installation of e
lectrical systems within the City of Ceres, the 20222019 edition of the California Electrical Code, title 24, part 3, and all appendix chapters, published by the National Fire Protection Association (NFPA), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at title 24, part 3, of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made a part of the chapter as though set forth. A true and correct copy of the current California Electrical Code shall be in the office of the City of Ceres Building Division for inspection and use by the public.

15.05.030 A
dministration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.

15.05.040 Enforcement.

Enforcement of Ceres Electrical Code shall be in accordance with section 15.02.020, C
alifornia Building Code Administration, unless more specific requirements are provided in this Municipal Code.

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15.05.050 Article 89.108.4.1.A amended; Work Not Requiring Permit.

Article 89.108.4.1(a) of the California Electric Code is amended to add the following paragraphs:
dA. No permit shall be required for the installation, alteration or repair of electrical wiring, services, appliances, apparatus or equipment installed by or for any public utility, municipal corporation or public district for use of such utility, municipal corporation or public district in the generation, transmission, distribution or metering of electrical energy, or in the operation of signals with a transmission of intelligence in the exercise of its function as serving utility.

15.05.060 Article 89.108.9.1.A a
mended; Dangerous and Unsafe Construction.

Article 89.108.9.1 of the California Electric Code is amended to add the following paragraph:

A. Any portion of an electrical system found by the Building Official to be unsafe as defined by the Health and Safety Code, division 13 or herein is hereby declared to be a nuisance.

B. Whenever it is brought to the attention of the Building Official that any unsafe equipment or conditions exist or that any construction or work regulated by this Code is dangerous, a nuisance or a menace to life, health of property or otherwise in violation of this Code, the Building Official, upon determining such information to be a fact, shall order any person, firm or corporation using or maintaining any such equipment or condition or responsible for the use or maintenance thereof, to discontinue the use or maintenance thereof, or to repair, alter, change, remove or demolish the same, as necessary for the proper protection of life, health or property.

The Building Official may order any person, firm or corporation supplying electricity to such equipment or system to discontinue supplying electricity thereto until such equipment or system is made safe to life, health or property. Every such order shall be in writing, addressed to the permit holder and/or the owner, agent or person responsible for the premises in which such equipment or condition exists, and shall specify the date or time for compliance with such order.

C. Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this Code.

D. W
hen any electrical system is maintained in violation of this Code and in violation of any notice issued, pursuant to the provisions of this section or where a nuisance exists in any building or on any lot upon which a building is situated, the Building Official shall institute any appropriate action or proceedings in any court of competent jurisdiction to prevent, restrain, correct, or abate the violation or nuisance.

ITEM 21
Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 06 CALIFORNIA PLUMBING CODE

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CHAPTER 06 CALIFORNIA PLUMBING CODE

15.06.020 - Administration.

15.06.030 - Enforcement.

15.06.040 - Adoption by reference of the California Plumbing Code.

15.06.050 - Section 103.1 of the California Plumbing Code amended; GeneralAdministrative Authority.

15.06.060 - Section 104.4.3 of the California Plumbing Code deleted; Expiration of Permit.

15.06.070 - Section 104.5 of the California Plumbing Code deleted; Permit Fees.

15.06.010 Title.

This chapter shall be known and cited as the "Ceres Plumbing Code" and may hereinafter be referred to as "Ceres Plumbing Code." Chapter, division, part, section, subsection, and appendix numbers used in sections 15.06.010 through 15.06.070 are those of the Ceres Plumbing Code or codes adopted therein by reference.

15.06.020 Administration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are provided in this in chapter.

15.06.030 Enforcement.

Enforcement of Ceres Plumbing Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.

15.06.040 Adoption by reference of the California Plumbing Code.

In order to provide minimum requirements and standards for the protection of the public he
alth, safety, and general welfare and to regulate the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, and use of any plumbing system within the City of Ceres, the 20222019 edition of the California Plumbing Code, title 24, part 5 and all appendix chapters, published by the International Association of Plumbing and Mechanical Officials (IAPMO), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at title 24, part 5 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made a part of this chapter as though set forth in full. A true and correct copy of the 20222019 California Plumbing Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection and use by the public.

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15.06.050 Section 103.1 of the California Plumbing Code amended; Administrative AuthorityGeneral.

Section 103.1. of the California Plumbing Code is amended for clarification and to read as follows:

The Building Official shall be the authority duly appointed to enforce this Code.

Whe
never the term "Authority Having JurisdictionAdministrative Authority" is used in the said California Plumbing Code it shall be construed to mean the Building Official or his authorized representative.

15.06.060 Section 104.4.3 of the California Plumbing Code deleted; Expiration of Permit.

Section 104.4.3 of the California Plumbing Code is hereby deleted.

15.06.070 S ection 104.5 of the California Plumbing Code deleted; Permit Fees.

Section 104.5 of the California Plumbing Code is hereby deleted.

CHAPTER 07 CALIFORNIA MECHANICAL CODE

15.07.010 - Title.

15.07.020 - Adoption by reference to the California Mechanical Code.

15.07.030 - Administration.

15.07.040 - Enforcement.

15.07.050 - Section 104.4.3 of the California Mechanical Code deleted; Expiration.

15.07.060 - Section 104.5 of the California Mechanical Code amended; General.

15.07.010 Title.

This chapter shall be known and cited as the "Ceres Mechanical Code" and may hereinafter be referred to as "Ceres Mechanical Code." Chapter, division, part, section, subsection, and appendix numbers used in Sections 15.07.010 through 15.07.060 are those of the Ceres Mechanical Code or codes adopted therein by reference.

15.07.020 Adoption by reference to the California Mechanical Code.

A. I
n order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance, and use of heating, ventilating, cooling, refrigeration systems, and other heat-producing appliances and systems within the City of Ceres, the 20222019 edition of the California Mechanical Code, title 24, part 4, and all appendix chapters, published by the International Association of Mechanical and Plumbing Officials (IAPMO), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at title 24, part 4 of the ITEM 21

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California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 20222019 California Mechanical Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection and use by the public.

15.07.030 A dministration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.

15.07.040 Enforcement.

Enforcement of Ceres Mechanical Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.

15.07.050 Section 104.4.3 of the California Mechanical Code deleted; Expiration.

Section 104.4.3 of the California Mechanical Code is hereby deleted.

15.07.060 Section 104.5 of the California Mechanical Code amended; General.

Section 104.5 of the California Mechanical Code is hereby amended to read as follows:

The fees shall be determined and adopted by the City Council.

CHAPTER 09 CALIFORNIA RESIDENTIAL CODE

15.09.010 - Title.

15.09.020 - Adoption by reference of the California Residential Code.

15.09.030 - Administration.

15.09.040 - Enforcement.

15.09.050 - Section R105.5 of the California Residential Code deleted; Expiration.

15.09.060 - Appendix J of the California Residential Code; amended.

15.09.010 Title.

This chapter shall be known and cited as the "Ceres Residential Code" and may hereinafter be
referred to as "Ceres Residential Code." Chapter, division, part, section, subsection, and appendix numbers used in sections 15.09.010 through 15.09.060 are those of the California Residential Code or codes adopted therein by reference.

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15.09.020 Adoption by reference of the California Residential Code.

The purpose of the chapter is to establish minimum requirements to safeguard the public h
ealth, safety, and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting, ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to firefighters and emergency responders during emergency operations. The provisions of the Residential Code shall apply to the construction, alteration, enlargement, replacement, repair, equipment, use, occupancy, location, maintenance, removal, and demolition of every detached one and two single-family dwellings, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto within the City of Ceres. Therefore, the 20222019 California Residential Code, title 24, part 2.5, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made part of this chapter as though set forth in full.

A true and correct copy of the 20222019 California Residential Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection by the public.

15.09.030 A dministration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.

15.09.040 Enforcement.

Enforcement of Ceres Residential Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.

15.09.050 Section R105.5 of the California Residential Code deleted; Expiration.

Section R105.5 of the California Residential Code is hereby deleted.

15.09.060 A ppendix J of the California Residential Code; amended.

Appendix J of the California Residential Code is hereby amended to read as follows:

Appendix J Delete the word "international" and replace with "California".

CHAPTER 10 CALIFORNIA GREEN BUILDING STANDARDS CODE

15.10.010 - Title.

15.10.020 - Adoption by reference of California Green Building Standards Code.

15.10.030 - Administration.

ITEM 21
Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 10 CALIFORNIA GREEN BUILDING STANDARDS CODE

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15.10.040 - Enforcement.

15.10.010 Title.

This chapter shall be known as the "Green Building Regulations of the City of Ceres" and shall regulate the construction of new buildings within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the California Green Building Code, and hydraulic flood control structures. The Green Building Regulations shall also apply to City-owned buildings.

15.10.020 Adoption by reference of California Green Building Standards Code.

A. I n order to improve public health, safety, and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact, and encouraging sustainable construction practices within the City of Ceres, the 20222019 edition of the California Green Building Standards Code, title 24, part 11 (also known as the CALGreen Code), published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made part of this chapter as though set forth in full. The provisions of the Green Building Standards Code shall apply to the planning, design, use, and occupancy of every newly constructed building or structure, unless otherwise indicated in this title, throughout the City of Ceres. A true and correct copy of the 20222019 California Green Building Standards Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection and use by the public.

B. Whe
re in any specific case, different sections of the Green Building Regulations specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply.

15.10.030 Administration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.

15.10.040 Enforcement.

Enforcement of Green Building Regulations of the City of Ceres shall be in accordance with s
ection 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.

ITEM 21
Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 11 CALIFORNIA ADMINISTRATIVE CODE

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CHAPTER 11 CALIFORNIA ADMINISTRATIVE CODE

15.11.010 - Title.

15.11.020 - Adoption by reference of California Administrative Code.

15.11.030 - Administration.

15.11.040 - Enforcement.

15.11.010 Title.

This chapter shall be known and cited as the "Ceres Administrative Code" and may hereinafter be referred to as "Ceres Administrative Code." Chapter, division, part, section, subsection, and appendix numbers used in Sections 15.11.010 through 15.11.040 are those of the California Administrative Code or codes adopted therein by reference.

15.11.020 Adoption by reference of California Administrative Code.

In order to regulate the erection, construction, enlargement, alteration, repair, removal, d
emolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area, and maintenance of all buildings and structures within the City of Ceres, the 20222019 edition of the California Administrative Code, published by the International Code Council (ICC), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at title 24, part 1, of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 20222019 California Administrative Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for examination and use by the public.

The provisions of this Municipal Code shall not serve as the administrative, organizational, a
nd enforcement rules and regulations for the chapters contained in the title. The administrative, organizational, and enforcement rules for this title are contained in and based on California Building Code, part 2, volume 1, chapter 1, divisions I and II.

15.11.030 Administration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.

15.11.040 Enforcement.

Enforcement of Ceres Administrative Code shall be in accordance with section 15.02.020, C
alifornia Building Code Administration, unless more specific requirements are provided in this Municipal Code.

ITEM 21
Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 12 ENERGY CODE

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CHAPTER 12 ENERGY CODE

15.12.010 - Title.

15.12.020 - Adoption by reference of California Energy Code.

15.12.030 - Administration.

15.12.040 - Enforcement.

15.12.010 Title.

This chapter shall be known and cited as the "Ceres Energy Code" and may hereinafter be referred to as "Ceres Energy Code." Chapter, division, part, section, subsection, and appendix numbers used in sections 15.12.010 through 15.12.040 are those of the California Energy Code or codes adopted therein by reference.

15.12.020 Adoption by reference of California Energy Code.

In order to provide minimum standards to safeguard life, limb, health, property, and public w
elfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance and use of manufactured devices that have been certified by their manufacturer to meet or exceed minimum specifications or efficiencies by the California Energy Commission within the City of Ceres, the 20222019 edition of the California Energy Code, title 24, part 6, and all appendix chapters, published by the International Code Council, as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at title 24, part 6 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made a part of this chapter as though set forth in full. A true and correct copy of the 20222019 California Energy Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection and use by the public.

15.12.030 A dministration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.

15.12.040 Enforcement.

Enforcement of Ceres Energy Code shall be in accordance with section 15.02.020, C
alifornia Building Code Administration, unless more specific requirements are provided in this Municipal Code.

ITEM 21
Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 13 HISTORICAL BUILDING CODE

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CHAPTER 13 HISTORICAL BUILDING CODE

15.13.010 - Title.

15.13.020 - Historical Building Code.

15.13.030 - Administration.

15.13.040 - Enforcement.

15.13.010 Title.

This chapter shall be known and cited as the "Ceres Historical Building Code" and may hereinafter be referred to as "Ceres Historical Building Code." Chapter, division, part, section, subsection, and appendix numbers used in sections 15.13.010 through 15.13.040 are those of the California Historical Building Code or codes adopted therein by reference.

15.13.020 Historical Building Code.

In order to provide minimum standards to safeguard life, limb, health, property, and public w
elfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance and use of historical buildings to provide solutions for the preservation of qualified historical buildings or properties, to promote sustainability, to provide access for persons with disabilities, to provide a cost-effective approach to preservation, and to provide for the reasonable safety of the occupants or users within the City of Ceres, the 20222019 California Historical Building Code, title 24, part 8, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made part of this chapter as though set forth in full. A true and correct copy of the 20222019 California Historical Building Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection by the public.

15.13.030 A dministration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.

15.13.040 Enforcement.

Enforcement of Ceres Historical Building Code shall be in accordance with section 1 5.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.

ITEM 21
Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 14 BOARD OF BUILDING AND CONSTRUCTION APPEALS

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CHAPTER 14 BOARD OF BUILDING AND CONSTRUCTION APPEALS

15.14.010 - Board of Appeals.

15.14.020 - Selection of Board; term.

15.14.030 - Advisory Authority.

15.14.040 - Rules and procedures.

15.14.050 - Appeal procedure.

15.14.060 - Use of Stanislaus County Building Code Board of Appeals.

15.14.010 Board of Appeals.

In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, the California Green Building Standards, the California Historical Code, the California Existing Building Code, and the California Residential Code, and to hear appeals as provided for in said codes, the City Council may appoint a Board of Building and Construction Appeals (hereinafter referred to as the "Board") consisting of five members who are not City staff or members of City Council, who are qualified by experience and training to pass upon matters pertaining to building construction and safety. The Building Official shall be an ex-officio member of the Board without power to vote and shall act as secretary of the Board.

15.14.020 Selection of Board; term.

The Board shall be appointed by the City Council and shall hold office at its pleasure. Board members may be removed by a majority of the City Council for cause or otherwise. The employment, performance evaluation, compensation, and benefits of the Board shall not be directly or indirectly conditioned upon the amount of administrative decisions, orders, or determinations made by the Building Official upheld by the Board.

15.14.030 Advisory Authority.

The Board may recommend to the City Council such new legislation but these recommendations shall not be binding upon the City Council. The Board may advise and make recommendations to the Building Official in the interpretation of the codes set forth in this title, but such interpretations shall not be binding of the Building Official.

15.14.040 Rules and procedures.

Except as otherwise provided herein, the Board shall adopt reasonable rules and regulations for conducting its business. A quorum for conducting business shall be at least three voting members.

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15.14.050 Appeal procedure.

A. The Board shall hear appeals relating to decisions, orders, or determinations made by the Building Official relating to the application of the various codes set forth under this title, which adversely affect any person, firm, or corporation.

B. All appeals shall be in writing and shall be directed to the Building Official within ten days of the appellant(s)'s receipt of written notice of the decision to be appealed. As soon as practicable after receiving a written appeal, the Building Official shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall be not less than ten days nor more than 45 days from the date the appeal was filed with the Building Official.

C. Written notice of the date, time, and location of the hearing shall be served to the appellant (s) at least ten days prior to the date of the hearing by the Building Official either by personal service or by certified mail where postage thereof is prepaid and return receipt requested. Mailings shall be addressed to the appellant(s) at the address(es) shown on the appeal.

D. The hearing shall be informal in nature and the Board may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which shall provide a fair and impartial hearing. The administrative decision upon which the appeal is based may be reversed or modified only by an affirmative vote of a majority of the authorized membership of the Board. A vote of less than a majority of the Board shall result in upholding the original administrative decision.

E. The Board's decision shall be in writing and shall be rendered within 15 days after the close of the hearing. All decisions shall be delivered to the Building Official with a copy to the appellant. The Board's decisions relating to appeals shall be binding.

F. Decisions made by the Board may be appealed to City Council pursuant to title 1 General Appeal Process.

15.14.060 Use of Stanislaus County Building Code Board of Appeals.

Notwithstanding sections 15.14.010 to 15.14.050 of this chapter, the City may authorized the Stanislaus County Building Code Board of Appeals to hear appeals relating to decisions, orders, or determinations made by the Building Official relating to the application of the various codes set forth under this title, which adversely affect any person, firm, or corporation. If authorized, the Stanislaus County Building Code Board of Appeals shall be authorized to hear such appeals subject to the rules of the Stanislaus County Building Code Board of Appeals.

CHAPTER 15 POST-DISASTER SAFETY ASSESSMENT PLACARDS

15.15.010 - Intent.

15.15.020 - Application provisions.

ITEM 21
Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 15 POST-DISASTER SAFETY ASSESSMENT PLACARDS

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15.15.030 - Definitions.

15.15.040 - Placards.

15.15.010 Intent.

This chapter establishes the standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or manmade disaster. This chapter further authorizes the Building Inspection Division, as well as authorized representatives of the jurisdiction where the natural or manmade disaster occurred, to post the appropriate placard at each entry/exit point to a building or structure upon completion of a safety assessment.

15.15.020 Application provisions.

The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City following each natural or man-made disaster.

15.15.030 Definitions.

Safety assessment means a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or man-made disaster.

15.15.040 Placards.

A. The following are descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures.

1. INSPECTED Lawful Occupancy Permitted (GREEN): Is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

2. RESTRICTED USE (YELLOW): Is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

3. UNSAFE Do Not Enter or Occupy (RED): Is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety.

Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official or his/her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used as or considered as a ITEM 21

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demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

B. The name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard.

C. Once a placard has been attached to a building or structure, the placard is not to be removed, altered or covered until authorized to do so by the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section. Unauthorized removal of the placards is a misdemeanor and is punishable as provided in this title.

CHAPTER 16 DISASTER REPAIR AND RECONSTRUCTION

15.16.010 - Intent.

15.16.020 - Application of provisions.

15.16.030 - Definitions.

15.16.040 - Repair criteria.

15.16.050 - Repair criteria for chimneys.

15.16.060 - Repair criteria for essential services facilities.

15.16.070 - Repair criteria for historic buildings or structures.

15.16.080 - Masonry buildings and structures.

15.16.090 - Board of Appeals.

15.16.010 Intent.

This chapter establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared by the City Council. This chapter does not allow exemptions from the building, fire, electrical, mechanical, plumbing, or other codes.

15.16.020 Application of provisions.

A. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City following each disaster when a local emergency has been declared by the City Council. The Council may extend the provisions as necessary.

B. When approved by the Building Official, the requirements of this chapter may be waived in favor of repair recommendations included in an engineering evaluation as defined in section 15.16.030 of this chapter.

15.16.030 Definitions.

For the purposes of this chapter the following definitions apply:

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Architect means an individual licensed by the State of California to practice architecture as defined in the State of California Business and Professions Code.

Civil Engineer means an individual registered by the State of California to practice civil engineering as defined in the State of California Business and Professions Code.

Current Code means the latest adopted editions of the California Code of Regulations title 24 as adopted by the City of Ceres in accordance with operation of law pursuant to section 18941.5 of the State of California Health and Safety Code.

Engineering evaluation means an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer or architect retained by the owner of the building or structure.

Engineering evaluations shall, at a minimum, contain recommendations for repair with appropriate opinion of construction cost for those repairs.

Essential service facility means those buildings or structures which have been designated by the City Council to house facilities which are necessary for the emergency operations subsequent to a disaster.

Replacement value means the dollar value, as determined by the Building Official, of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site.

Structural engineer means an individual registered by the State of California to practice civil engineering and to use the title structural engineer as defined in the State of California Business and Professions Code.

Value of repair means the dollar value, as determined by the Building Official, of making the necessary repairs to the damaged structure.

15.16.040 Repair criteria.

Buildings and structures of all occupancies, except as otherwise noted, which have been damaged as a result of a disaster shall be repaired in accordance with the following criteria:

A. When the estimated value of repair does not exceed ten percent of the replacement value of the structure, the damaged portion(s) shall be restored to their pre-disaster condition.

Exception: When the damaged elements include suspended ceiling systems, the ceiling system shall be repaired and all bracing required by the current code shall be installed.

B. When the estimated value of repair is greater than ten percent, but less than 50 percent, of the replacement value of the structure, the damaged elements, as well as all critical ties, supported elements and supporting elements associated with the ITEM 21

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damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current code.

C. When the estimated value of repair is 50 percent or more than the replacement value of the structure, the entire structure shall be brought into conformance with the structural requirements of the current code.

D. In Group R, Division 3 occupancies, the repair value of damaged chimneys shall be excluded from the computation of percentage of replacement value. Damaged chimneys shall be repaired in accordance with section 15.16.050 of this chapter.

15.16.050 Repair criteria for chimneys.

A. All damaged chimneys must be repaired or reconstructed to comply with the requirements of the current code. Damaged portions of chimneys shall be removed in accordance with the following criteria:

1. When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portion shall be removed to the roof line, provided the roof and ceiling anchorage are in sound condition. The reconstructed portion of the chimney shall be braced to the roof structure.

2. For a single-story structure where the damaged portion of the chimney is below the roof line, or the damaged portion extends from above the roof line to below the roof line, the chimney shall be removed to the top of the fireplace.

3. For a multi-story structure, the damaged portion of the chimney shall be removed from the top to a floor line where sound anchorage is found.

4. In any structure where the fireplace has been damaged, the entire chimney and fireplace shall be removed to the foundation. If the foundation is in sound condition, the fireplace and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, it shall be removed and replaced.

B. Where existing conditions preclude the installation of all anchorage required by the current code, alternate systems may be used in accordance with the alternate methods and materials provisions of the current code when approved by the Building Official. Such alternate systems shall be designed and detailed by a structural engineer, civil engineer or architect.

C. When the portion of the chimney extending above the roof line exceeds two times the least dimension of the chimney, that portion above the roof line shall be braced to the roof structure.

15.16.060 Repair criteria for essential services facilities.

A. Buildings or structures housing essential services facilities which have been damaged as a result of a disaster shall have an engineering evaluation performed.

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B. Minimum criteria for repair shall be as follows:

1. When the estimated value of repair is less than 50 percent of the replacement value of the structure, the damaged elements, as well as all critical ties, supported elements and supporting elements associated with the damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current code.

2. When the estimated value of repair is 50 percent or more than the replacement value of the structure, the entire structure shall be brought into conformance with the structural requirements of the current code.

15.16.070 Repair criteria for historic buildings or structures.

A. Buildings or structures which are included on a national, State or local Register of Historic Places or which are qualifying structures within a recognized historic district, which have been damaged as a result of a disaster, shall have an engineering evaluation performed.

B. The minimum criteria for repair shall be as included in section 15.16.040, "Repair Criteria," of this chapter, with due consideration given to the historical rating and nature of the structures. Additional standards and criteria, as noted in part 8, title 24, California Code of Regulations, the State Historic Building Code shall apply.

C. Where conflicts exist between the standards contained herein and the State Historic Building Code, the Historic Building Code shall govern.

15.16.080 Masonry buildings and structures.

A. The latest adopted editions of the California Code of Regulations title 24 as adopted by the City of Ceres in accordance with operation of law pursuant to section 18941.5 of the State of California Health and Safety Code shall apply to determine repair criteria for masonry buildings and structures.

B. All damaged bearing walls constructed of unreinforced masonry shall be repaired and strengthened to fully comply with all current California Code of Regulations title 24 as adopted by the City of Ceres.

15.16.090 Board of Appeals.

The provisions of this chapter may be appealed to the City Board of Building and Construction Appeals, pursuant to section 15.17.050 of this title.

CHAPTER 17 POST-DISASTER DEMOLITION

15.17.010 - Intent.

15.17.020 - Application of provisions.

ITEM 21
Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 17 POST-DISASTER DEMOLITION

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15.17.030 - Definitions.

15.17.040 - Demolition criteria.

15.17.050 - Demolition criteria for historic buildings or structures.

15.17.060 - Board of Appeals.

15.17.010 Intent.

This chapter establishes demolition criteria for all buildings and structures damaged, as a result of a disaster for which a local emergency has been declared by the City Council to the degree where demolition is a viable alternative to repair.

15.17.020 Application of provisions.

The provisions of this chapter are applicable to all buildings or structures regulated by the City following each disaster when a local emergency has been declared by the City Council.

Except as modified by this title, the current California Code of Regulations as adopted by the City shall apply.

15.17.030 Definitions.

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

Event means any natural occurrence which results in the declaration of a disaster and shall include wind storms, earthquakes, floods, etc.

Historic building or structure means any building or structure included in the National Register of Historic Places, the State Register of Historic Places or Points of Interest, or a local register of historic places. Historic buildings and structures shall also include those buildings and structures within a recognized historic district wherein the specific building has historic significance.

State Historic Preservation Officer (SHPO) means the individual appointed by the Governor, pursuant to section 101(b)(1) of the National Historic Preservation Act of 1966, as amended, to administer the State Historic Preservation Program.

15.17.040 Demolition criteria.

A. Within seven days after the event, should any building or structure be determined by the Building Official to represent an imminent hazard to public health and safety, or to pose an imminent threat to the public right-of-way, it shall be condemned and immediately demolished. Such condemnation and demolition shall be performed in the interest of ITEM 21

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public health and safety without condemnation hearings otherwise required by this Municipal Code.

B. If, after the specified time frame noted in subsection A of this section, any building or structure is determined by the Building Official to represent a hazard to the health and safety of the public, or which poses a threat to the public right-of-way, the Building Official shall duly notify the building owner and proceed with a condemnation hearing within ten business days of the notice in accordance with section 15.14.010 of this title.

C. For any building or structure wherein the owner has decided to demolish rather than repair, the owner, or owner's representative shall follow the established procedures to secure a demolition permit.

15.17.050 Demolition criteria for historic buildings or structures.

A. Within seven days after the event, any historic building or structure determined by the Building Official to represent an imminent hazard to the health and safety of the public, or to pose an imminent threat to the public right-of-way, the Building Official shall notify the State Historic Preservation Officer that one of the following actions will be taken:

1. Whenever possible, within reasonable limits as determined by the Building Official, the building or structure shall be braced or shored in such a manner as to mitigate the hazard to public health and safety or the hazard to the public right-of-way.

2. Whenever bracing or shoring is determined not to be reasonable, the Building Official shall cause the building or structure to be condemned and immediately demolished.

Such condemnation and demolition shall be performed in the interest of public health and safety without a condemnation hearing as otherwise required by the California Building Code or by this Municipal Code. Prior to commencing demolition, the Building Official shall photographically record as much of the entire building or structure as may safely be done.

B. If, after the specified time frame noted in subsection A of this section, and less than 30 days after the event, an historic building or structure is determined by the Building Official to represent a hazard to the health and safety of the public, or to pose a threat to the public right-of-way, the Building Official shall duly notify the building owner of his/her intent to proceed with a condemnation hearing within ten business days of the notice in accordance with section 15.14.010 of this title. The Building Official shall also notify the Federal Emergency Management Agency, in accordance with the National Historic Preservation Act of 1966, as amended, of their intent to hold a condemnation hearing.

C. For any historic building or structure wherein the Building Official and the owner have agreed to demolish the building or structure within 30 days after the event, the Building Official shall submit to the Federal Emergency Management Agency, in accordance with the National Historic Preservation Act of 1966, as amended, a request to demolish. Said request shall include all substantiating data.

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D. If after 30 days from the event the Building Official and the owner of a historic building or structure agree that the building or structure should be demolished, such action will be subject to the review process established by the National Historic Preservation Act of 1966, as amended.

15.17.060 Board of Appeals.

The provisions of this chapter may be appealed to the City Board of Building and Construction Appeals pursuant to section 15.17.050 of this title.

ITEM 21
ITEM 21

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DEPARTMENT OF GENERAL SERVICES GOVERNOR GAVIN NEWSOM

BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833-2936
(916) 263-0916

CALIFORNIA BUILDING STANDARDS COMMISSION
INFORMATION BULLETIN 22-01
DATE: June 30, 2022
TO: LOCAL BUILDING DEPARTMENTS

STATE AGENCIES AND DEPARTMENTS

INTERESTED PARTIES
SUBJECT: 2022 California Building Standards Code – Now Available This Information Bulletin announces the publication of the 2022 California Building Standards Code, the effective date and application of the codes, availability, as well as enforcement responsibility.

The 2022 California Building Standards Code, Title 24, California Code of Regulations (Title 24) will be published on or before July 1, 2022, and is now available for purchase.

Effective Date and Application of the 2022 California Building Standards Code January 1, 2023, is the statewide effective date for the 2022 California Building Standards Code as established by the California Building Standards Commission (CBSC). In accordance with California Health and Safety Code, Section 18938.5, all applications for building permits submitted on or after January 1, 2023, are subject to compliance with the 2022 California Building Standards Code.

The 2019 California Building Standards Code remains in effect and is applicable to all plans and specifications related to construction performed where the application for a building permit is received on or before December 31, 2022.

Availability of the 2022 California Building Standards Code The 2022 edition of Title 24 may be purchased from the following publishers:
• International Code Council (ICC)
Parts 1, 2, 2.5, 6, 8, 9, 10, 11 and 12
ICC Online Store: shop.iccsafe.org
Telephone: ICC Store (800) 786-4452
• International Association of Plumbing and Mechanical Officials (IAPMO) Parts 4 and 5
IAPMO Online Store: www.iapmomembership.org
Telephone: (909) 472-4208
• National Fire Protection Association (NFPA)
Part 3
NFPA Online Store: www.nfpa.org
Telephone: (800) 344-3555

ATTACHMENT C
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The thirteen parts of Title 24 may be accessed through the California Building Standards Commission website https://www.dgs.ca.gov/BSC/ codes.

Enforcement Responsibility
Title 24 is the minimum standard established in law for the design and construction of buildings and structures in California. State law mandates that local governments enforce these regulations or enforce local ordinances containing qualified reasonably necessary and generally more restrictive building standards than those provided in the California Building Standards Code.

Exceptions are building standards applicable to hospitals, state buildings, public schools and colleges, and other occupancies that are subject to enforcement by state agencies.

For detailed information regarding enforcement responsibilities refer to Part 1 of Title 24 and Chapter 1 of most Parts of Title 24.

References in law pertaining to enforcement responsibility include, but are not limited to, Health and Safety Code Sections 17950, 17958.7, 17960, 18938 and 18941.5.

Additional information may be found in CBSC’s guide, It’s your Building Department.

This guide was developed to aid elected officials and executive managers of local governments in understanding the roles and responsibilities of their building departments which are established in state law.

Amendment by Local Ordinance
Local ordinances that amend Title 24 building standards are subject to requirements of California law and must be ratified and filed for each triennial edition of Title 24.

Generally, local ordinances must implement standards which are more restrictive than the building standards approved/adopted by the CBSC. Local ordinances containing building standards must be filed with CBSC, the Department of Housing and Community Development, the Office of the State Fire Marshal, or the State Historical Building Safety Board, as appropriate, before they are effective and operative. CBSC’s Information Bulletin 22-02, being issued shortly, contains additional information and resources to assist local jurisdictions with local ordinance filing requirements.

References in law pertaining to local ordinance adoption include, but are not limited to, H
ealth and Safety Code Sections 13143.5, 17950, 17958, 17958.5, 17958.7, 18938, 18941.5 and 18959. The Local Code Ordinances webpage on CB SC’s website has a number of helpful resources including the 2022 edition of the Guide for Local Amendments of Building Standards, examples of ordinances that were filed in accordance with state law, and the updated California Code Adoption for Local Jurisdictions video.
2022 Title 24 California Code Changes
Please see CBSC’s 2022 Title 24 California Code Changes document (or web page) for details of California code changes in the individual parts of Title 24 that were amended by state agencies during the 2021 Triennial Code Adoption Cycle. They will be listed by chapter, agency, and sections within each part, as appropriate. This information will be made available as both a downloadable PDF document and on the CBSC Resources webpage in the coming weeks. Pl ease note that for the 2022 edition of Title 24 ICC has changed the page number format of specified California codes to align with the numbering used by ICC for 2021 edition of model codes. Additionally, three recently issued NFPA Tentative Interim Amendments to the 2020 National Electrical Code, that were not included in the 2022 California Electrical Code, may be viewed in BSC Info Bulletin 22-03.

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Questions or comments regarding the subject of this information bulletin should be directed to CBSC’s staff at (916) 263-0916 or via email at [email protected].

Mia Marvelli
Executive Director
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DEPARTMENT OF GENERAL SERVICES GOVERNOR GAVIN NEWSOM

BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833-2936
(916) 263-0916

CALIFORNIA BUILDING STANDARDS COMMISSION
INFORMATION BULLETIN 22-02
DATE: June 30, 2022
TO: LOCAL BUILDING DEPARTMENTS

STATE AGENCIES AND DEPARTMENTS

INTERESTED PARTIES
SUBJECT: 2022 California Building Standards Code - Local Ordinance Filing Requirements and accessibility recommendations
The purpose of this Information Bulletin is to notify local jurisdictions and code users of changes impacting the ordinance filing requirements for the recently completed 2021 Triennial Code Adoption Cycle that resulted in the 2022 California Building Standards Code, Title 24 of the California Code of Regulations (Title 24), including the request that ordinances be filed in an accessible format so they can be posted directly on the California Building Standards Commission (CBSC) website. This Information Bulletin also serves to bring attention to requirements of state law establishing the application of Title 24, and how local government must enforce its provisions as applicable, may enact more restrictive requirements for local conditions, adopt administrative regulations and approve alternatives. This bulletin supersedes all other information bulletins previously issued by CBSC on this subject.

Referenced State Law and Code
All state laws referenced herein may be viewed at the California Legislative Information website http://leginfo.legislature.ca.gov/. The thirteen parts of the California Code of Regulations, Title 24 may be accessed through the California Building Standards Commission website https://www.dgs.ca.gov/BSC. Referenced California Code of Regulations, Title 25, and provisions may be viewed at the Office of Administrative Law website https://oal.ca.gov/.

Applicability
The applicability of Title 24 is identified in the California Health and Safety Code (HSC), which is state law. Within the HSC there are two bodies of law addressing the application of Title 24. First is the California Building Standards Law, located in HSC Division 13, Part 2.5, commencing with Section 18901, and the second is the State Housing Law, located in HSC Division 13, Part 1.5, commencing with Section 17910.

These provisions of law establish that Title 24, as published, and incorporating the latest editions of selected model codes, is the applicable code for all building occupancies throughout the state. Model codes by themselves do not include all applicable requirements for the design and construction of buildings in California. (The term

ATTACHMENT D
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“occupancy” as used in the California Building Standards Code is the method of classifying all buildings as to their designated use as structures).

Additionally, the Department of Housing and Community Development (HCD) has adopted regulations implementing the State Housing Law in the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1 (Title 25) for residential structures subject to the State Housing Law. These regulations, Title 24, and the requirements of the State Housing Law, are applicable throughout the state.

Local Government Adoption of Title 24 by Ordinance
• Title 24 is applicable to all occupancies throughout California as per HSC Sections 17950 and 18938(b). If a local government does not adopt Title 24 by ordinance, Title 24 becomes the applicable code for all building occupancies by default as per HSC Section 17958.
• The State Housing Law requires local building department enforcement of the Law, building standards, and implementation of regulations of the Department of Housing and Community Development for residential structures. HSC, Sections 17950 and 18948.
• Local government should work closely with its legal counsel to develop an adopting ordinance pursuant to Government Code, Section 50020, et. seq., express findings for any amendment of Title 24, and provide for enforcement of Title 24.

Amendment by Local Ordinance
Local governments may amend Title 24, including the adoption of appendices, and the regulations of the Department of Housing and Community Development in Title 25 applicable to residential structures. The provisions of law that permit these local government amendments contain subtle differences.

Local governments may also adopt other model codes, providing the adoption of such model codes does not conflict with state law, building standards or other adopted California regulations.

Local Government Amendments under the Building Standards Law The Building Standards Law takes a straightforward approach to amendments by local governments.
• The governing body of a local jurisdiction shall make express findings that amendments to the building standards, including green building standards, and adoption of appendices contained in Title 24 are reasonably necessary because of local climatic, geological, or topographical conditions. HSC, Sections 17958.7(a) and 18941.5(b).
• Local governments are not limited in their authority to establish more restrictive and reasonably necessary building standards, including green building standards, than those contained in Title 24. HSC, Section 18941.5 (b). • The local amendments are not effective or operative until a copy of the express findings and the amendments, with the amendments expressly marked and ITEM 21

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identified as to the applicable findings, have been filed with the California Building Standards Commission. HSC, Section 17958.7(a).

Local Government Amendments under the State Housing Law The State Housing Law provides for amendment of building standards related to residential construction and for amendment of Title 25. • The governing body of a local jurisdiction shall make an express finding that amendments to either the building standards, including green building standards, and the adoption of appendices for residential construction contained in Title 24, or the regulations of the Department of Housing and Community Development contained in Title 25, are reasonably necessary because of local climatic, geological, or topographical conditions. HSC, Sections, 17958.5 and 17958.7(a).

There is an exception in Title 25, Section 52 to the requirement for an express finding where alternate abatement procedures are determined by the local enforcement agency to be the equivalent of those contained in Title 25. • Unlike the California Building Standards Law, there is no specific requirement in the State Housing Law that local government amendments provide either more restrictive building standards, including green building standards, than those contained in Title 24, or more restrictive regulations than those contained in Title

25. However, Title 24 provisions are the minimum standards, thus local amendments must be equivalent or more restrictive, but not less restrictive. HSC, Sections, 17958.5, 17958.7(a), and 18941.5(b)
• The local amendments are not effective or operative until a copy of the express findings and the amendments, with the amendments expressly marked and identified as to the applicable findings, have been filed with the California Building Standards Commission. HSC, Section 17958.7(a).

Filings with the California Building Standards Commission Filings submitted to the California Building Standards Commission (CBSC) are reviewed and processed in the following manner:
• The absence of a filing with CBSC of local government amendments implies that Title 24 is applicable within that local jurisdiction without amendment. HSC, Section 17958.
• Local ordinances that only adopt Title 24 by reference without amendments need not be filed with the California Building Standards Commission or the Department of Housing and Community Development. Refer to HSC, Section 18909 regarding a local regulation that is not deemed a building standard and does not require filing.
• CBSC is not authorized by law to evaluate the merits of the express findings that support the local climatic, geological, or topographical (environmental for CALGreen) conditions necessitating its amendments.
• CBSC may reject, in writing, any filings by local governments proposing to adopt and amend model codes adopted by California without California amendments included. Only Title 24, incorporating model codes and including California amendments by the state agencies, and the related regulations of the ITEM 21

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Department of Housing and Community Development, are subject to adoption and amendment by local governments. HSC, Sections 17958.5 and 17958.7. • CBSC may reject, in writing, a local government filing for the following reasons:
o No express finding was submitted with the proposed amendments. HSC, Section 17958.7.
o The proposed amendments are not expressly marked and identified as to the applicable express findings. HSC, Section 18941.5.
o There is no evidence by signature(s), certification of the city/county clerk, transmittal letter or other reasonable means to validate that the express findings were a lawful action of the governing body of the local jurisdiction.

• CBSC will issue a letter to the local enforcement agency stating that the code modifications are accepted for filing when they meet the requirements of Health and Safety Code Sections 17958.7 and 18941.5.

Local Amendments for Universal Design in Housing
HSC Section 17959 authorizes local ordinances for universal design in residential occupancies based on guidelines and the Universal Design Model Ordinance developed by HCD. In general, the HCD model ordinance applies to new or substantially rehabilitated single-family, duplex, and triplex residential dwellings, except for custom- built homes, that are not otherwise subject to the accessibility requirements in Part 2 of Title 24. These ordinances are filed with HCD.

Local Amendments for Shelter Crisis
Government Code (GOV) Sections 8698.3 and 8698.4 permit local jurisdictions to adopt ordinances to address shelter crises arising from homelessness or a natural disaster, such as fire. These local jurisdictions, upon declaring a shelter crisis, may adopt reasonable local standards and procedures for the design, site development and operation of shelters in lieu of compliance with state and local building approval procedures or state housing, health, habitability, planning, zoning or safety standards, procedures and laws. To assist locals with quickly adopting shelter crisis regulations, Appendix O of the CBC and Appendix X of the CRC are available for adoption by ordinance without the need for express findings. Appendices O and X are the minimum standards that must be met by a local shelter crisis ordinance. Refer to HCD’s Information Bulletin 2020-09 for filing of Emergency Housing Ordinances with HCD.

Local Amendments for Shelter Crisis- Fire and Life Safety Government Code (GOV) Section 8698.1 permits a local jurisdiction with a population over 3.5 million to adopt ordinances related to fire and life safety to address shelter crises arising from homelessness or a natural disaster, such as fire. The alternative standards must be reasonable and, at a minimum, meet the requirements listed in the law and filed with the State Fire Marshal.

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Local Amendments under the Fire Protection District Law Local government amendments to building standards in Title 24 adopted by the State Fire Marshal for fire and panic safety that are more stringent are permitted under this provision of state law for fire protection districts organized under HSC, Division 12, Part

2.7. There are differences in how these amendments are implemented. These ordinances are filed with HCD.

Local Amendments for Energy Conservation
Public Resources Code (PRC) Section 25402.1(h)(2) allows more stringent local amendments to the energy conservation provisions in the California Energy Code, Title 24, Part 6. The California Administrative Code, Title 24, Part 1, Chapter 10, Section 10- 106, requires local government to gain approval from the California Energy Commission (CEC) for any local energy conservation requirement more restrictive than the regulations in the Energy Code. Filed with CBSC and application approval by the CEC.

Local Amendments under the State Historical Building Code HSC, Division 13, Part 2.7 (the State Historical Building Code), Section 18959 (f), authorizes local government to make amendments to the California Historical Building Code, Part 8 of Title 24, for qualified historical buildings. Filed with the State Historical Building Safety Board.

Local Amendments under the Earthquake Protection Law
CBSC does not review ordinances developed pursuant to the Earthquake Protection Law (HSC Section 19100, et seq.) relative to seismic retrofit standards for seismically hazardous buildings. HSC Section 19165 requires these amendments be filed with HCD for informational purposes.

Local Amendments for Accessory Dwelling Units
Local amendments developed for the purpose of regulating accessory dwelling units pursuant to GOV Section 65852.2 are subject to the requirements of those provisions of law and local building code requirements that apply to detached dwellings. Filed with HCD.

Note: Refer to the 2022 Guide for Local Amendments of Building Standards for detailed filing requirements for each of these types of amendments.

Submitting Accessible Documents for Posting on CBSC’s Website In accordance with GOV Sections 7405,11135 and11546.7, in order for ordinances to be posted to CBSC’s website for viewing or downloading by the public, they must be provided in a format that is accessible to persons with disabilities. The applicable standards for accessible documents are as follows:
• Meet WCAG 2.0 AA (see * below) standards for document attributes including headers, lists, tables, alternative text for images (including signatures and logos), font and text styles, color and/or meaningful links
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CBSC will review submitted documents for accessibility and will not be able to remediate those that do not meet these standards. When an ordinance document is not accessible, CBSC’s local amendments webpage will only list the identification number of the ordinance. Constituents will then be able to request a copy by contacting CBSC or the local jurisdiction.

Another alternative is for a jurisdiction to provide a link to the ordinance posted on their own website and that link will be shared on CBSC’s website.

CBSC highly encourages jurisdiction staff to obtain training in creating accessible documents to proactively meet the needs of constituents now and in the future. Some resources for accessibility information and training are:
• California Department of Technology (CDT) Web Accessibility Training at cdt.ca.gov/workforce-development/course-schedule/
• California Department of Rehabilitation (DOR) Accessibility Training at https://www.dor.ca.gov/Home/disabilityaccessservices
• Document Accessibility Information at dor.ca.gov/Home/DocumentAccessibility • Guides for Creating Accessible Documents at
dor.ca.gov/Home/ConstructingAccessibleElectronicContent • *Web Content Accessibility Guidelines (WCAG) by the World Wide Web Consortium (W3C) at www.w3.org/TR/WCAG20/

Local Administrative Ordinances
Local regulations necessary to carry out procedures by a city, county, or city and county relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards, may be enacted without meeting the requirements of HSC, Sections 17958, 17958.5, 17958.7 and 18941.5.

However, amendments to administrative provisions in Title 24 that relate to the implementation or enforcement of a building standard that do not have express findings that each amendment is reasonably necessary because of local climatic, geological, topographical, or environmental conditions and/or are not expressly marked is reason for rejection of the filing.

An example of an amendment of an administrative requirement necessitating an express finding is where a local ordinance changes when a permit is required by modifying the height provision for a fence. The administrative provisions of Title 24 do not require a permit for fencing not over 7 feet in height. A local ordinance changing the height requirement to 6 feet necessitates a permit, and compliance with design provisions (building standards) would be mandatory, thereby implementing or enforcing a building standard.

Local Approval of Alternatives
Local building departments have authority under HSC, Section 17951(e) to allow alternative materials and methods of construction that are not specifically adopted in Title 24. Said section is from the State Housing Law with application to the design and construction of hotels, motels, lodging houses, apartments, condominiums, and dwellings. Thus, an alternative material or method of construction not specifically ITEM 21

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adopted in Title 24 may be approved on a case-by-case basis for residential structure construction under the conditions stated in HSC, Section 17951(e), without the need for a local ordinance or code amendment. Additionally, Chapter 1 of various parts of Title 24 allows for the use of alternate materials, design, and methods of construction for both residential and nonresidential occupancies.

Additional Resources
The Local Code Ordinances webpage on CBSC’s website has a number of helpful resources including the 2022 edition of the Guide for Local Amendments of Building Standards, the 2022 California Code Adoption for Local Jurisdictions video presentation and a list of acceptable ordinances that were filed in accordance with state law. This video is a joint effort with the California Building Standards Commission, JAS Pacific, and the International Code Council. We highly recommend reviewing the guide and video after reading this bulletin, as these additional resources provide an in-depth overview of required ordinance filings with numerous state agencies and the approval of certain building standards such as amendments to the California Energy Code, Part 6 of Title 24. Additionally, please see BSC Information Bulletin 22-01 Announcing 2022 Codes and BSC Information Bulletin 22-03 NFPA Tentative Interim Amendments.

Questions or comments regarding the contents of this information bulletin should be directed to CBSC’s staff at (916) 263-0916 or via email at [email protected].

Mia Marvelli
Executive Director
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ITEM 21

ATTACHMENT E
City of Ceres

NOTICE OF PUBLIC HEARING
2022 BUILDING CODE ADOPTION

NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on July 22, 2024 at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following Ordinance of the City Council of the City of Ceres amending Title 15 of the Ceres Municipal Code, and adopting by reference the California Code of Regulations Title 24, 2022 Edition, of the California Building Standards Code. This ordinance amends those sections of Title 15 of the Ceres Municipal Code that incorporate superseded standards to incorporate by reference the 20219 Building Standards Code, as published by the Building Standards Commission.

Ordinance Summary: A hearing to Introduce and waive the second reading of the ordinance amending Title 15 of the Ceres Municipal Code, and adopt, by reference, the California Code of Regulations Title 24, 2022 Edition, of the California Building Code.

All Interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.

/s/ Fallon Martin, City Clerk

Date Notice Posted: July 3, 2024 & July 10, 2024
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{CW139036.1}

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Jam
es Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: JUNE 24, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT: Resolution No. 2024- XXX, Approving an Agreement for Turnkey Design and Construction Energy Services with Schneider Electric Buildings Americas, Inc. for the Design and Construction of an Energy Services Project for the City of Ceres Wastewater Treatment Plant Improvements and Upgrades and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the City Manager to approve an Agreement for Turnkey Design and Construction Energy Services with Schneider Electric Building Americas, Inc. for a Public Works Project for the Wastewater Treatment Plant Improvements and Upgrades.

I. BACKGROUND:

The City
of Ceres owns and operates a Wastewater Treatment Plant (WWTP) located at 4200 Morgan Road. The WWTP processes approximately 2.5 MGD (Million Gallons per Day) of average sewer flow. Currently, the City’s total average daily Wastewater Inflow is

3.5 MGD which exceeds the City’s plant capacity. Therefore, the City of Ceres diverts a portion of its wastewater to be treated by the C ities of Modesto and Turlock at a cost .

The City’s Wastewater Treatment Plant was constructed in 1970 and has not undergone any significant expansion or improvements. The City’s wastewater treatment plant works on an aerated lagoon system which is an energy intense process and limited on treatment capacity. The City of Ceres holds a Waste Discharge Requirements Permit to discharge effluent through percolation ponds.

The Cit
y of Ceres and Schneider Electric have been working together since October 2023 on developing an energy service, design- build program to implement significant improvements to the wastewater treatment plant. The Schneider Electric e ngineering team has visited the site, met with operators, collected data, discussed goals and vision, and current issues with the City staff. The Schneider Electric engineering team conducted ITEM 22
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a preliminary needs assessment to identify the project opportunities at the wastewater treatment plant. The main focus of the preliminary assessment is to develop a better understanding of how the City’s existing wastewater treatment plant can meet the C ity’s current and future status regarding capacity, operational needs, regulations and optimize budgeted dollars to provide the highest level of service.

Over the past few months, a combined effort between the Cit y of Ceres staff and the Schneider Electric t eam concluded that the current City’s wastewater treatment plant needs major improvements to accommodate expansion, regulations, and to help reduce significant operational expenses that the City is experiencing. City of Ceres staff identified the following as the highest priorities:

1- Increase City’s Wastewater Treatment Capacity
2- Reduce High Maintenance and Operational Costs
3- Reduce High Energy Consumption
4- Address Rising Regulations in the Central Valley Region

Together, these proposed improvements meet the City’s strategic goals of:
1- Infrastructure
2- Economic Development
3- Planning for Future
II. REASO
NS FOR RECOMMENDATION:

The City of Ceres is in the process of planning for new expansion at the Copper Trail s and West Landing Developments. In addition, the City is experiencing rising costs of the City’s Wastewater Treatment Plant operational and maintenance expenses due to limited plant capacity and existing infrastructure. Regionally, there are increasing regulations in the Central Valley region to protect ground water.

To provide a pathway to address these issues, California Government Code 4217.10- 4217.18 allows public agencies (cities, counties, schools, universities, special districts, and state government) to partner with an energy services company to acquire projects and services that save energy or create the more efficient use of energy. These projects are delivered in a manner most closely related to the design-build process but have the added benefit of no change orders and the option of measurement of savings related to the proposed improvements. This code does not require public bidding and no RFQ/RFP is required. Section 4217.18 states “The provisions of this chapter shall be construed to provide the greatest possible flexibility to public agencies structuring agreements entered into hereunder so that the economic benefits may be maximized, and financing and other costs associated with the design and construction of alternate energy projects may be minimized.”

In order to obtain a lump sum price for the improvements needed at the wastewater treatment plant, it is necessary for Schneider Electric to perform a design of the proposed projects. Should the City proceed with a construction agreement with Schneider Electric, the design and development costs will be absorbed into the construction agreement. If the City chooses not to proceed with a construction agreement with Schneider Electric, an exit fee would be paid to Schneider Electric for the work performed. This allows Schneider Electric to perform the necessary engineering and design to provide a firm, ITEM 22
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{CW139036.1}
lump sum price for construction of the project identified through the C ity’s discovery process. Schneider Electric will manage both the design and construction, delivering a turn-key project to the city.

The Design Phase of the Agreement for a Turnkey Design and Construction Energy Services includes the following development activities necessary to finalize engineering, planning and development for a shovel -ready project and construction contract.

Schneider Electric will represent the role of a design-builder and deliver to the city:
• S
cope of work for the improvements at the City of Ceres Wastewater Treatment Plant
• Fi
nal lump sum pricing, no change orders
• Assistance to obtain available wastewater grants and low interest funding • Quantified annual energy savings
• Plan for how Schneider Electric will manage the construction phase • Marketing/positive PR plan for project wins
The Design Phase consists of three primary milestone meetings which Schneider Electric will facilitate with City staff. At the conclusion of this planning process, staff will bring forth an Amendment to the Agreement for Turnkey Design and Construction Energy Services contract for approval at a future City Council meeting.

III. FISCAL IMPACTS:

Staff recommends approval of the Agreement for Turnkey Design and Construction Energy Services contract with Schneider Electric Buildings, Inc. for the Wastewater Treatment Plant Improvements and Upgrades Project. Included in the scope of work for the design phase portion is an effort to obtain funding sources to help pay for the construction portion of this project.

The design and development costs will be absorbed into the construction agreement.

However, if the city chooses not to proceed with a construction agreement with Schneider Electric, an exit fee would be paid to Schneider Electric for the work performed using account number 56725.029900.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

The recommended action supports the following sections of the City’s Strategic Plan:

Infrastructure “Ensure that the community has adequate, well maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy”, Economic Development “Proactively recruit and attract businesses to Ceres in order to add to the quality of life and enhance the fiscal base of the community.” and Planning for Future “Ensure the City has plans and policies in place to attract and create desirable development, maintain and improve ITEM 22
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{CW139036.1}
neighborhoods and annex land to achieve a livable community and support a strong economy.

V. POLICY ALTERNATIVES:

Should the Council decide not to approve the contract with Schneider Electric Buildings Americas, Inc., the City will not have an adequate operational Wastewater Treatment Plant to support expansion activities . T he City will continue to experience soaring operational cost s and potentially fall behind on the wastewater treatment increasing regulations in the Central Valley Region.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLI C PARTICIPATION:

N/A
VIII. ENVIRO NMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval, the City Manager shall execute the Agreement for Turnkey Design and Construction Energy Services contract with Schneider Electric Buildings, Inc. and the Finance Director shall make the appropriate accounting entries.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement for Turnkey Design and Construction Energy Services ITEM 22
ITEM 22

ATTACHMENT A
General
RESOLUTION NO. 2024-XXX

APPROVING AN AGREEMENT FOR TURNKEY DESIGN AND

CONSTRUCTION ENERGY SERVICES WITH SCHNEIDER ELECTRIC
BUILDINGS AMERICAS, INC. FOR THE DESIGN AND

CONSTRUCTION OF AN ENERGY SERVICES PROJECT FOR THE

CITY OF CERES WASTEWATER TREATMENT PLANT

IMPROVEMENTS AND UPGRADES AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the City Council of the City of Ceres recognizes the need for wastewater improvements in the City's wastewater treatment plant located at 4200 Morgan Rd, Ceres, CA 95307 located in the City of Ceres service area; and W
HEREAS, in support of City Strategic Goal #1, Infrastructure, Strategic Goal #2 Economic development, and Strategic Goal #3 Planning for the Future wastewater improvements are necessary to improve plant performance and reliability, introduce systems redundancy, address operation and maintenance concerns, reduce long- term energy and operational costs to the city and enhance the city’s ability to effectively treat wastewater for its customers; and
W
HEREAS, Schneider Electric Buildings Americas, Inc., in cooperation with city staff, has analyzed the needs of the wastewater treatment plant and service area in a Needs Assessment Report , commenced on January 31, 2024; and the city desires to proceed with the installation of certain energy conservation and operational improvement projects; and
W
HEREAS, Schneider Electric Buildings Americas, Inc. has represented that the proposed improvements will result in a reduction in energy consumption and operational costs and result in the more efficient use of energy benefitting the city; and W
HEREAS, staff recommends approving a n Agreement for Turnkey Design a nd Construction Energy Services with Schneider Electric Buildings Americas, Inc. to initiate project design for these improvements; and
W
HEREAS, the design and development costs will be absorbed into the construction agreement, and i f the City chooses not to proceed with a construction agreement with Schneider Electric, an exit fee would be paid to Schneider Electric for the work performed.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement for turnkey design and construction energy services with Schneider Electric Buildings Americas, Inc. for the design and construction of an energy services project for the City of Ceres Wastewater Treatment Plant improvements and upgrades and authorizes the City Manager to execute the agreement.

ITEM 22
ITEM 22

ATTACHMENT A
General
PA
SSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of June 2024, by the following vote:

AYE
S: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
___________________________
Fallon Martin, City Clerk
ITEM 22
ITEM 22
{
CW139163.3} Form Last Updated: November 2021
1 Design and Construction Agreement

AGREEMENT FOR TURNKEY DESIGN AND CONSTRUCTION ENERGY SERVICES T
his Agreement for Turnkey Design and Construction Energy Services (“Agreement”) is made effective as of July 1, 2024 (“Effective Date”) by and between the City of Ceres, a California General Law City (“City”), and Schneider Electric Buildings Americas , Inc., a Delaware corporation ( “Design/Builder””). City and Design/Builder may be referred to herein as the “Parties”, collectively, and each, individually, as a “Party”.

ECITALS
WH
EREAS, Design/Builder is a full-service energy service contractor with the qualifications and technical capabilities to provide the design and construction services described herein; WH
EREAS, City wishes to engage Design/Builder, pursuant to the terms and conditions of this “turnkey” Agreement, to design and construct a Project (defined below) for purposes of implementing certain “energy conservation facilities”, as such term is used and defined in California Government Code Section 4217.10 et seq.;
WH
EREAS, this Agreement constitutes an “energy service contract” within the meaning of California Government Code Section 4217.10 et seq.;
WH
EREAS, California Government Code Section 4217.10 et seq. (i) authorizes public agencies to enter into energy service contracts that satisfy the requirements of California Government Code Section 4217.12, (ii) allows public agencies to award such energy services contracts on the basis of the experience of the contractor, the type of technology employed by the contractor, the cost to the public agency, and any other relevant considerations, and (iii) expressly provides public agencies with the greatest possible flexibility in structuring such energy service contracts so that economic benefits may be maximized and financing and other costs associated with the design and construction of alternate energy projects may be minimized; and WH
EREAS, having considered the foregoing, City’s Governing Body has determined that the Project satisfies the requirements of California Government Code Section 4217.12 and has further determined, at a regularly scheduled public hearing of which public notice was given at least two weeks in advance, that the terms of this Agreement are in the best interests of the City.

N
OW, THEREFORE, in consideration of the foregoing and of the respective rights and obligations of the Parties set forth herein, the Parties hereby agree as follows:

A
RTICLE 0

DEFINITIONS

0. 1. “Applicable Law” shall mean any applicable federal, California state or local law, constitution, treaty, ordinance, code, rule, regulation, order, injunction, judgment, decree, ruling or other similar requirement lawfully enacted, adopted, promulgated or applied by a Governmental Authority.

0. 2. “Change Order” shall mean a written modification to the Agreement or any Contract Document, duly executed by City and Design/Builder, authorizing a change in the scope of the Work, the time for completion of any Work, and/or the compensation payable to Design/Builder in consideration for performance of any Work hereunder.

0. 3. “City” shall have the meaning set forth in the introductory paragraph to this Agreement. City may ITEM 22
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occasionally be referred to as “Customer” in the Contract Documents.

0.4. “City Project Manager” shall mean the Ceres City Manager or his or her designee.

0.5. “Construction Amendment” shall mean an Amendment and Notice to Proceed with the Construction Phase in substantially the form reviewed by City prior to execution of this Agreement, together with all exhibits, schedules, and/or documents attached thereto and/or expressly incorporated by reference therein, including, without limitation and as applicable, each of the Exhibits to the Construction Amendment listed below. Effective as of the Construction Amendment Effective Date, the Construction Amendment (inclusive of all exhibits, schedules, and/or documents attached thereto and/or expressly incorporated by reference therein) shall become part of this Agreement and shall modify and supersede any conflicting provisions hereof.

a. The Construction Amendment shall include the following Exhibits:
i. Exhibit D: Scope of Construction Work
ii. Exhibit E: Preliminary Construction Schedule
iii. Exhibit F: Project Fee

b. The Construction Amendment may include the following Exhibits, if applicable:
i. Exhibit G: Performance Assurance Support Services Agreement (if applicable) ii. Exhibit H: Performance Guarantee (if applicable)
iii. Exhibit I: Measurement & Verification (“M&V”) Plan (if applicable) iv. Exhibit J: City Responsibilities for Performance Guarantee (if applicable)

0.6. “Construction Amendment Effective Date ” shall mean the date on which the Construction Amendment is duly executed by both Parties.

0.7. “Construction Phase” shall mean the portion of the Project commencing as of the Construction Amendment Effective Date and concluding upon final completion of the Project.

0.8. “Construction Schedule” shall mean the Preliminary Construction Schedule attached to the Construction Amendment as Exhibit E, as updated and/or modified from time to time in accordance with this Agreement.

0.9. “Construction Work” s
hall mean all labor, equipment, materials and goods necessary to complete the Scope of Construction Work set forth on Exhibit D to the Construction Amendment.

0.10. “Contract Documents” shall mean, collectively, this Agreement and all schedules, exhibits, and/or documents attached hereto and/or expressly incorporated by reference herein; y; construction documents prepared by Design/Builder and approved by the City, including, the Drawings and Specifications prepared by Design/Builder; the Design/Builder’s Construction Schedule; all duly issued and mutually approved addenda, Change Orders, and supplemental drawings; all permits that Design/Builder is required by law to obtain for its performance of the Work; and any and all supplemental agreements, amendments or modifications mutually agreed to in writing by the parties, amending or extending the Work contemplated and which may re quired to complete the Work in accordance with the terms of the Contract. . Without limiting the foregoing, the following Exhibits are hereby expressly incorporated by reference into the Agreement, subject to the terms and conditions hereof:

a. Exhibits to the Agreement:
i. Exhibit A: Scope of Design Work
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ii. Exhibit B: Preliminary Design Schedule
iii. Exhibit C: Design Fee
b. Construction Amendment (effective as of the Construction Amendment Effective Date)

0.11. “Design/Builder” shall have the meaning set forth in the introductory paragraph to this Agreement.

Design/Builder may occasionally be referred to as “ESCO” in the Contract Documents.

0.12. “Design Fee” shall mean t he dollar amount set forth on Exhibit C attached hereto, which shall be payable to Design/Builder as compensation for the Design Work if City terminates this Agreement prior to the Construction Amendment Effective Date in accordance with Section 1.4.1 hereof.

0.13. “D
esign Phase” shall mean the portion of the Project commencing as of the Effective Date of this Agreement and concluding immediately prior to the Construction Amendment Effective Date.

0.14. “Design Work” s hall mean all labor, equipment , materials and goods necessary to complete the Scope of Design Work set forth on Exhibit A to this Agreement.

0.15. “Facilities” s hall mean City facilities listed under Section 3 of Exhibit A, and any additional facilities added by written agreement of the Parties.

0.16. “
Facility Improvement Measures” will be determined during the Design Phase and then specifically identified in the Construction Amendment.

0.17. “Final Completion” means that Substantial Completion of the Project has been achieved and all Punch List Items have been completed.

0.18. “Governing Body” means the governing board or other governing body of the City.

0.19. “Governmental Authority” shall mean any nation, government, state or political subdivision thereof, and any entity lawfully exercising executive, legislative, judicial, regulatory or administrative powers on behalf of any of the foregoing.

0.20. “Project” s hall mean the improvement to City ’s Facilities to be designed and constructed by Design/Builder in accordance with and subject to the terms and conditions of this Agreement, as more specifically set forth on Exhibit A (Scope of Design Work) and Exhibit D (Scope of Construction Work) hereto.

For the avoidance of doubt, notwithstanding the original scope of the Project as contemplated by Exhibit A, the Scope of Construction Work attached as Exhibit D and approved by City upon execution of the Construction Amendment shall represent the entirety of the intended and agreed upon scope for the Project.

0.21. “Project Fee ” shall mean total dollar amount payable to Design/Builder under the Agreement as compensation for Design/Builder’s performance of the Work, inclusive of the Design Fee. The Project Fee shall be determined at the conclusion of the Design Phase and shall be set forth on Exhibit F to the Construction Amendment.

0.22. “
Project Proposal” shall have the meaning set forth in Section 1.3.

0.23. “Project Site” or “Site” shall mean City property on or at which the Work is to be performed, specifically including City Facilities.

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0.24. “Substantial Completion" shall mean, with respect to the entirety of the Construction Work f, or a particular Facility Improvement Measure the point at which such Work has been completed in accordance with the Contract Documents, except for minor items, adjustments and/or corrections that the parties have agreed upon in writing (“Punch List Items”), such that it is operational and fit for use by City.

0.25. “Work” shall mean the Design Work and the Construction Work, collectively.

ARTICLE 1

DESIGN PHASE OF THE PROJECT

Section 1.1. Sc ope of Design Work. The scope of the design services to be performed by Design/Builder under this Agreement is described in Exhibit A attached hereto (the “Scope of Design Work”). Without limiting that scope of design services, Design/Builder shall design the Project so that it will conform with any requirements issued for the Project by the Central Valley Regional Water Quality Control Board, including any permits issued by that Board related to the Project provided such requirements and permits are submitted to Design/Builder during performance of the Scope of Design Work. Design/Builder shall be entitled to an increase in the Design Fee if compliance with such requirements and permits increase the Scope of Design Work.

Sect
ion 1.2. Government Code Section 1097.6. In accordance with California Government Code §1097.6(c)(1), Design/Builder’s duties and services under this Agreement shall not include preparing or assisting City with any portion of City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with City. City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project.

Design/Builder’s participation in the planning, discussions, or drawing of project plans or specifications for any subsequent or additional contract shall be limited to conceptual, preliminary, or initial plans or specifications.

Design/Builder shall cooperate with City to ensure that bidders (if City elects to utilize a bidding process) for a subsequent contract on any subsequent phase of this Project have access to the same information, prepared by Design/Builder pursuant to this Agreement.

Section 1.3. De
sign Schedule. The “Preliminary Design Schedule” attached hereto as Exhibit B sets forth a preliminary schedule for the Design Phase milestones.

Section 1.4. Pro ject Proposal. At or prior to the Design Completion Meeting described in Exhibit A, Design/Builder shall provide City with a proposal setting forth a proposed Scope of Construction Work , a proposed Project Fee, and any other information required to be included therein pursuant to Exhibit A (the “Project Proposal”). As more specifically set forth in the Exhibit A, the proposed Project Fee may include a written statement of its basis, a general list of drawings and specifications used in the preparation of the proposed Project Fee, and a list of the assumptions and clarifications made by Design/Builder in the preparation of the proposed Project Fee. Unless the Project Proposal states otherwise, the pricing set forth in the Project Proposal will remain valid for sixty (60) days from the date of the Project Proposal (the “ Project Proposal Date”). City may request clarifications and modifications to the Project Proposal, including the proposed Project Fee. If such clarifications and/are modifications are accepted in writing by Design/Builder, they shall remain valid for sixty (60) day from the date of Design/Builder’s acceptance of them.

Sect
ion 1.5. Option to Terminate Agreement or Proceed into Construction Phase. Within sixty (60) days of the Project Proposal Date or of any agreed upon clarifications or modifications thereto, whichever is later, City shall either (i) terminate this Agreement pursuant to Section 1.4.1 below, or (ii) execute the Construction Amendment in accordance with Section 1.5.2 below.

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1.5.1. Early Termination and Payment of Design Fee. If City does not wish to proceed into the Construction Phase on substantially the terms set forth in Design/Builder’s Project Proposal , including any clarifications and/or modifications thereto accepted in writing by Design/Builder, City may terminate this Agreement for convenience immediately upon providing Design/Builder with written notice of termination and payment in full for the Design Fee.

1.5.2. Execution of Construction Amendment. If City does wish to proceed with the Construction Phase on substantially the terms set forth in Design/Builder’s Project Proposal , including any clarifications and/or modifications thereto accepted in writing by Design/Builder, the Parties shall finalize and execute a Construction Amendment reflecting substantially the terms set forth in Design/Builder’s Project Proposal and any agreed upon revisions thereto. In such event, the Design Fee and any additional costs incurred by Design/Builder in the performance of the Design Work shall be rolled into and included in the Project Fee, and such total amount shall be payable in accordance with the provisions of Section 2.4.

Section 1.6. Sit
e Investigation . In performing the Design Work, Design/Builder shall exercise due diligence, consistent with the standard of care for its Work as set forth in Section 3.1, to understand the nature, location and extent of the Project, and it shall investigate the general and local conditions which are applicable to the Project Site, such as physical conditions at the Project Site, the conditions of the ground at the Project Site, and the character of equipment and materials needed for the performance of the Work at the Project Site (the “Site Investigation”).

Section 1.7. Ci ty Information. In order to facilitate the Design Work and to assist Design/Builder in recommending an appropriate Scope of Construction Work, City is responsible for providing Design/Builder with all such access, knowledge and history as may be relevant to Design/Builder’s analysis and/or design, including, without limitation, with respect to City’s existing Facilities, systems, and equipment, as well as its accounting, maintenance, and operation practices . City is required to disclose all known or suspected deficiencies, defects and malfunctions of or affecting the existing Facilities, systems, equipment and components thereof, as well as any site conditions that should be considered in planning and executing the construction services. City responsibilities are set forth in further detail on Exhibit A.

ARTICLE 2

CONSTRUCTION PHASE OF THE PROJECT

Section 2.1. Commencement of Construction Phase.

2.1.1. Execution of Construction Amendment Serves as Notice to Proceed. Unless the Construction Amendment expressly provides otherwise, ex ecution of the Construction Amendment shall serve as City’s notice to Design/Builder to commence the Construction Work.

2.1.2. Payment and Performance Bonds. Promptly following the Construction Amendment Effective Date and before commencing the Construction Work, Design/Builder shall provide payment and performance bonds, each for an amount equal to 100% of the Project Fee. Notwithstanding any provision to the contrary herein, any performance bonds and payment bonds provided in connection with this Agreement guarantee only the performance of the Construction Work and the payment of any Subcontractors engaged by Design/Builder in connection therewith, respectively, and shall not be construed to guarantee the performance of: (1) any efficiency or energy savings guarantees (if applicable pursuant to Section 2.5 hereof), (2) any support or maintenance services, ITEM 22
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or (3) any other guarantees, warranties or covenants with terms beyond one (1) year in duration from the Date of Substantial Completion.

Section 2.2. Sc ope of Work. The scope of the construction services to be performed by Design/Builder pursuant to this Agreement (the “Scope of Construction Work”) shall be determined at the conclusion of the Design Phase and set forth on Exhibit D to the Construction Amendment.

Section 2.3. Construction Schedule.

2.3.1. Construction Time. The scheduled date of Substantial Completion of the Construction Work (the “Completion Date”) and any applicable milestone dates shall be determined at the conclusion of the Design Phase and shall be set forth in the “Preliminary Construction Schedule” attached to the Construction Amendment as Exhibit E.

2.3.2. Substantial Completion. Upon Substantial Completion of the Construction Work (or any portion thereof, as appropriate), Design/Builder will issue to City a “Letter of Substantial Completion” with respect to such substantially complete Work (or portion thereof). The date on which Design/Builder issues any such Letter of Substantial Completion shall be the “Date of Substantial Completion” with respect to the applicable Work.

2.3.3. Delays. If Design/Builder’s progress on the critical path of the Work during the Construction Phase is at any point delayed due to changes in the requested scope of Work, labor disputes, fire, unusual delay in deliveries, abnormally severe weather conditions, unavoidable casualties, epidemic or pandemic conditions, quarantine restrictions, and/or any other causes which are beyond the reasonable control of Design/Builder, then the Parties agree to execute a Chang e Order reflecting an equitable extension of time (an Excusable Delay) . In the event of any suspension or delay to the critical path of the Work during the Construction Phase due to the acts or omissions of City or due to City’s instructions to stop Work by no fault of Design/Builder (a Compensable Delay): (i) all affected dates and milestones shall be extended to reflect such period of interruption; and (ii) the Project Fee shall be equitably adjusted to cover Design/Builder’s costs of demobilization, delay and remobilization related to such suspension or delay (provided, however, that Design/Builder shall cooperate with City, to the extent commercially reasonable, in mitigating such costs). If such suspension or delay continues for more than ninety (90) consecutive days, through no act or fault of Design/Builder, Design/Builder may terminate this Agreement in accordance with Article 5 If completion of the Work during the Construction Phase is delayed beyond the expiration of the time for completion due to fault of Design/Builder (an Inexcusable Delay), Design/Builder shall not be entitled to an extension of time or an adjustment of the Project Fee and shall be liable to City for liquidated damages in an amount to be set in the Construction Amendment.

Section 2.4. Compensation, Invoicing and Payment.

2.4.1. Project Fee. T
he Project Fee shall be determined at the conclusion of the Design Phase and shall be set forth on Exhibit F to the Construction Amendment. The Project Fee is inclusive of, and not in addition to, the Design Fee.

2.4. 2. Schedule of Values. Design/Builder will develop a schedule delineating the items to be completed pursuant to the Scope of Construction Work (the “ Schedule of Values ”) and shall provide such Schedule of Values to City within ten (10) days of the Construction Amendment ITEM 22
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Effective Date.

2.4.3. Project Mobilization Invoice and Payment . Within one (1) month of the Construction Amendment Effective Date, City shall make payment to Design/Builder for Project mobilization expenses and other expenses incurred to date (“Project Mobilization Payment”) in an amount not to exceed twenty percent (20%) of the Project Fee. Such Project mobilization and other expenses may include, without limitation, the Design Fee and any design, engineering and/or development expenses incurred in connection with the Project, expenses relating to procurement of equipment, materials, and/or bonds, and any other Project start-up and mobilization expenses incurred to date.

2.4.4. Design/Builder Invoices. Beginning on the date that is two (2) months following the Construction Amendment Effective Date, Design/Builder shall provide monthly invoices to City seeking payment for the Work performed in the prior month (based on the percentage completion of items delineated on the Schedule of Values) . Design/Builder’s submission of an invoice shall constitute a representation to City that the Work has progressed to the point indicated and has been performed in accordance with the Contract Documents and the Standard of Care for Design/Builder’s Work.

2.4.5. Payment. Payment of undisputed amounts is due within thirty (30) days of the date of each invoice. If any payment is over thirty (30) days late from the due date stated on the invoice, Design/Builder may impose a penalty of 0.8% of the undisputed amount(s) owed for each month overdue and/or may terminate the Agreement in accordance with Article 5 in the event the unpaid disputed sums amount to a material breach of contract. If applicable, City ’s payments may be made from an escrow account set up in accordance with City’s financing arrangement, in which case City shall be responsible for forwarding Design/Builder’s invoices to the escrow agent and for authorizing and directing the escrow agent to timely release the invoiced amounts to Design/Builder.

2.4.6. Final Payment and Release of Liens. Final payment shall not become due until Design/Builder has delivered to City a conditional release of all liens arising out of this Agreement , covering all labor, materials, and equipment for which a lien could be filed, or a bond satisfactory to City to indemnify City against such lien. The making of final payment shall constitute a waiver of claims by City except those arising from (1) unresolved liens, security interests or encumbrances arising out of the Agreement, (2) Design/Builder’s failure to perform the Construction Work in substantial compliance with the requirements of the Contract Documents, and (3) any warranties required by the Contract Documents. Acceptance of final payment shall constitute a waiver by Design/Builder of all claims against City related to Design/Builder’s Work except for unresolved claims that have been submitted in writing to City in accordance with the Contract Documents.

2.4.7. Retention.

Following payment of the Project Mobilization Payment, which shall not be subject to any retention, City may retain five percent (5%) of each monthly progress payment (the “Amounts Retained”). The Amounts Retained with respect to each particular Facility Improvement Measure (“FIM”) shall be released to Design/Builder within sixty (60) days of the Date of Substantial Completion of such FI M and any Amounts Retained remaining upon of the Date of Substantial Completion of the Project shall be released to Design/Builder with the final payment.

2.4. 8. Posting Securities in Lieu of Withholds. Pursuant to Public Contract Code Section 22300, at ITEM 22
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the request and expense of Design/Builder, securities equivalent to the amount withheld pursuant to Section 2.4.7 shall be deposited with City, State Treasurer or with a state or federally chartered bank in California as the escrow agent, who shall then pay the retainage to Design/Builder. Upon satisfactory completion of the Work, the securities shall be returned to the Design/Builder .

Alternatively Design/Builder may request, pursuant to Public Contract Code Section 22300, and City shall make payment of retentions under Section 2,4,7 directly to t he escrow agent.

Design/Builder shall receive the interest earned on the investments upon the same terms provided for in Section 22300 for securities deposited by the Design-Builder. Upon satisfactory completion of the Work , Design -Builder shall receive from the escrow agent all securities, interest and payments received by the escrow agent from City.

E
ither alternative under this Section may be exercised only if requested in writing by Design/Builder within five (5) days after City ’s execution of the Design/ Build agreement.

Design/Builder shall notify its Subcontractors in writing within fifteen (15) days of exercising this option.

S
ecurities eligible for investment under this Section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Design/Builder and City.

D
esign/Builder shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

2. 4.9. Withholding Additional Amounts; Grounds. In addition to the amounts which City may retain as provided in Section 2.4.7, City may withhold a reasonable amount from any payment or payments otherwise due to the Design/ Builder as in City’s reasonable discretion may be necessary to protect City in the event of the following:
(
a) Third party claims filed that are not covered under Contractor’s insurance; (b) Defective work not remedied or commenced to be remedied by Design/Builder within t
hirty (30) days of receipt of notice of such defect;
(c) The filing of a lien on the property that is not resolved by Design/Builder within thirty (30) days of its filing;
(
d) Any claim or penalty asserted against City where it is determined by the applicabl e enf
orcement agency that Design-Builder failed to comply with the provisions of governing laws, ordinances, regulations, rules, and orders that are specifically applicable to the Work performed by Design/Builder;
In order to adequately protect City, Design/Builder agrees that the basic standard to determine the amount to be withheld pursuant to this Section shall be one hundred percent (10 0%) of the amounts claimed or the value of the work not done or defectively done.

S
ection 2.5. Performance Guarantees. If Design/Builder is providing any efficiency or energy savings guarantees upon completion of the Construction Work , the terms of such efficiency or energy savings guarantees shall be set forth and/or incorporated in the Construction Amendment and the applicable Exhibits thereto. If no such terms are set forth and/or incorporated in the Construction Amendment and the applicable Exhibits thereto, then no efficiency or energy savings guarantees are being made by Design/Builder in connection with this Agreement.

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A
RTICLE 3

PERFORMANCE OF THE WORK
S
ection 3.1. Standard of Performance , Design/Builder represents and warrants that it has the professional skill, knowledge and experience necessary to perform and complete the Project in a timely and competent manner. Design/Builder shall perform, or cause to be performed, the Project using at least such degree of care as is reasonably expected of professionals providing similar services to public agencies within the State of California in similar circumstances (and considering City ’s goals and any financial or other constraints or parameters made known to Design/Builder before or after the Effective Date). Any review, approval or acceptance of any of Design- Builder’s work or services under this Contract shall not relieve Design/Builder from responsibility for failure to meet this standard of care in its Work, or the Work of any of its design consultants or Subcontractors.

S
ection 3.2. Licenses. Design/Builder represents and warrants that it currently has or shall timely obtain, and that it shall maintain, all licenses, permits, qualifications and approvals of whatever nature as are legally required to permit Design/Builder to perform the Work.

S
ection 3.3. Regular Working Hours. Except as City , in its sole discretion, may otherwise agree, Design/Builder shall perform such portions of the Work as are to occur at or in City ’s Facilities only: (i) on weekdays (i.e., any day, Monday through Friday, inclusive); and (ii) commencing at or after such time, and ending by or prior to such time, as may be specified in either an applicable local ordinance or any “Mitigation Monitoring Plan” adopted by City pursuant to the California Environmental Quality Act and made available to Design/Builder, whichever is more restrictive.

S
ection 3.4. Filings and Permits. Except for permits and fees that are to be obtained and paid for by Design/Builder as expressly stated in the Scope of Design Work or Scope of Construction Work, City shall make all such filings as are required by the State or other government authorities in connection with the Work and shall obtain and pay for all permits, approvals, inspections, easements, assessments and charges as are required for the use, operation, occupancy or modification of the real property or structures at and around the Project Sit e, including (without limitation) inspections for concrete and/or earthen compaction, where applicable. Design/Builder shall provide assistance to the City in connection with certain permits as specifically set forth in the Scope of Design Work and/or the Scope of Construction Work.

S
ection 3.5. Employees and Subcontractors.

3.5.1. Design/Builder’s Subcontractors. Design/Builder may use one or more subcontractors (each, a “Subcontractor”) to perform any portion(s) of the Project as Design/Builder may deem appropriate; provided, however, that Design/Builder shall remain ultimately responsible for the performance of its obligations under this Agreement. Design/Builder shall ensure that all of its Subcontractors have the skill, knowledge and experience necessary to perform the services assigned to them, and shall further ensure that each of its Subcontractors holds all licenses legally required for the practice of its profession and in the classification(s) required for their respective work under this Agreement. Design/Builder shall bind every Subcontractor to the applicable terms of the Contract Documents. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor or supplier and City or any of its representatives; nor shall the Contract Documents be construed to be for the benefit of any Subcontractor or supplier.

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3.5.2. Design/Builder’s Employees. The employees of Design/Builder shall at all times be under Design/Builder's exclusive direction and control on the Project. Design/Builder shall pay all wages, salaries, and other amounts due to such personnel in connection with their performance of services under this Agreement, as required by law. Design/Builder shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, federal and state income tax withholdings, unemployment insurance, and workers' compensation insurance. Design/Builder shall employ only competent workers for performance of the services and shall not employ any person who is unfit or unskilled in the Work assigned to him or her.

3.5.3. Supervision by Design/Builder. Design/Builder shall at all times enforce strict discipline and good order among its Subcontractors and employees performing any portion(s) of the services.

At City’s request, Design/Builder shall remove from the Project and Project Site(s) any person, regardless of whether employed by the Design/Builder or any Subcontractor, who is not performing the services in a competent manner or who is a threat to the safety of persons or the Project, and Design/Builder shall not thereafter permit any such person to perform any of the services or to be present on or at the Project Site(s). In addition, during the course of performing the Construction Work, Design/Builder shall have an experienced and competent superintendent (and any necessary assistants) present on the Project Site(s) to supervise the construction services and Design/Builder’s employees and Subcontractors on the Project.

3.5. 4. Prohibition Against Unlawful Discrimination. Design/Builder represents and warrants that it is an equal opportunity employer and agrees that it shall not discriminate in violation of any applicable federal, state, or other law, rule or regulation, including, but not limited, to discrimination against any employee or applicant for employment on account of such person's race, religion, color, national origin, ancestry, sex, or age. Design/Builder shall apply such policy of non
-dis
crimination in connection with all activities related to Design/Builder 's employees and Subcontractors, including with respect to initial employment, promotion, demotion, transfer, recruitment or recruitment advertising, and layoff or termination.

Sect
ion 3.6. Design/Builder’s Compliance with Law.

3.6.1. Compliance Generally. Design/Builder and each of its Subcontractors shall perform the Project in compliance with Applicable Law . Upon commencement of the Construction Phase, City will coordinate and conduct, and Design/Builder and each of its Subcontractors will attend, any mandatory construction conference held for purposes of ensuring that Design/Builder and its Subcontractors are aware of the Applicable Laws relevant to the Project.

3.6.2. DIR Registration. Design/Builder acknowledges that the Project will be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“ DIR”).

Design/Builder shall be responsible for ensuring that it and all of its Subcontractors are currently and properly registered with the DIR. Prior to commencing the Construction Work, Design/Builder and each of its Subcontractors shall: (i) complete, execute, and submit to City a "Certification Regarding Design/Builder Registration" form; and (ii) provide evidence of registration to City .

Notwithstanding anything to the contrary, if at any time during the performance of the Construction Work, Design/Builder or any of its Subcontractors is not properly registered with the DIR (including, without limitation, if the registration expires or the DIR revokes the registration), such failure of registration shall constitute a material breach of this Agreement for purposes of Section 5.2 hereof (City Termination for Cause).

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3.6.3. Labor Laws. Design/Builder and each of its Subcontractors shall, at no additional cost to City, comply with all applicable provisions of the California Labor Code (“Labor Code”) and the regulations promulgated thereunder (collectively, the “Labor Laws”), including, without limitation, any applicable Labor Laws requiring the payment of prevailing wages in connection with the Construction Work, submission of payroll records for inspection, posting of required notices at the Project Site, and cooperation with the DIR.

(a) Hours of Labor. E ight (8) hours of labor shall constitute a legal day's work and Design/Builder or any Subcontractor under it, shall not require more than eight (8) hours of labor in any Calendar Day, and forty (40) hours of labor in any calendar week, from any person employed in the performance of the Work, except as permitted under the provisions of Labor Code Sections 1810 to 1815. Design/Builder shall forfeit, as penalty to City, the amount specified in Labor Code section 1813 for each worker employed by Design/Builder or any Subcontractor in the execution of the Contract for each calendar day during which any worker is required or permitted to work more than eight (8) hours and for each calendar week during which any worker is required or permitted to work more than forty (40) hours, in violation of the provisions of Labor Code Sections 1810 to 1815.

Overtime shall be paid at the rate of not less than one and one half (1 1/2) times the basic rate of
pay, or at such higher rate as may be required by the DIR, applicable statutes or collective bargaining agreements.

City reserves the right to approve or disapprove the days scheduled for work, and the hours during which work is in progress, which the City will not unreasonably withhold. Overtime and shift work may be established by Design/Builder with reasonable notice and the written permission of City . No work other than overtime and shift work shall be done between the hours of 6:00 p.m. and 6:00 a.m., except such work as is necessary for the proper care and protection of the work already performed or except in case of an emergency, or as approved by City. Failure of Design/Builder to perform the Work in accordance with this policy shall be deemed to be a failure on Design/Builder’s part to comply with the Contract and may be considered by City as a cause for termination subject to the provisions in Section 5.2 of this Agreement.

(b) Prevailing Wages and Penalties for Violations . Without limiting the generality of Section

3.5.3, pursuant to Labor Code Section 1772, work ers employed in the execution of any contract for public work are deemed to be employed upon public work. Therefore, wages paid by Design/Builder and each of its Subcontractors in connection with the Construction Work shall be in accordance with the general prevailing rates of per diem wages determined by the DIR pursuant to Section 1770 et seq. of the Labor Code. Copies of such prevailing rate of per diem wages are available upon request at the City’s office at ________________ or on the internet at http://www.dir.ca.gov/OPRL/PWD.

Design/Builder shall obtain and post copies of these prevailing wage rates in a prominent place at the job site, in accordance with the regulations of the DIR.

The responsibility to check prevailing wage rates is Design/Builder’s.

Design/Builder agrees that in the event of underpayment of wages to any worker on the ITEM 22
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Project, whether by Design/Builder or any Subcontractor, City may retain from payments due to Design/Builder, an amount sufficient to pay such worker the difference between the wages required to be paid by the DIR and the wages actually paid such worker for the total number of hours worked. City may disburse such retention to such workers in compliance with California Labor Code Section 1771.6.

For each worker paid less than the applicable prevailing wages for any work done under this Contract by Design/Builder or any Subcontractor, Design/Builder shall forfeit to City as a penalty the sum determined by the Labor Commissioner in accordance with the considerations set forth in Labor Code Section 1775, over and above any retention or withholds otherwise authorized by the Contract. If a worker employed by a Subcontractor is paid less than the prevailing wages by the Subcontractor, Design/Builder is n ot subject to this penalty assessment if Design/Builder can demonstrate that it did not have knowledge of that failure of the Subcontractor to pay the prevailing wages and that it strictly complied with the requirements of Labor Code Section 1775(b). In addition to applicable penalties, Design/Builder shall pay each worker the difference between the prevailing wage and the amount paid for every hour the worker was paid less than the prevailing wage.

Contracts executed between Design/Builder and Subcontractors shall include a copy of the provisions of Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

Pursuant to Labor Code Section 1775, Design/Builder shall monitor the payment of the specified general prevailing rate of per diem wages by Subcontractors to their employees, by periodic review of the certified payroll records of the Subcontractor. Upon becoming aware of the failure of a Su bcontractor to pay workers the specified prevailing rate of wages, Design/Builder shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the S ubcontractor for work performed on the Project.

Prior to making final payment to S ubcontractors for work performed on the P roject, Design/Builder shall obtain an affidavit signed under penalty of perjury from the respective Subcontractors that the S ubcontractor has paid the specified general prevailing rate of per diem wages to the employees on the Project and any amounts due pursuant to Labor Code Section 1813.

The Division of Labor Standards Enforcement must notify the Design/Builder within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

3.5.3, Design/Builder and each of Design/Builder’s Subcontractors must comply with all applicable provisions of Labor Code Section 1776, which relates to preparing and maintaining accurate payroll records, and making such payroll records available for review and copying by City, the DIR's Division of Labor Standards Enforcement, and the DIR's Division of Apprenticeship Standards ("DAS"). Regulations implementing Section 1776 are located in Section 16000 and Sections 16401 through 16403 of Title 8, California Code of Regulations.

Design/Builder shall be responsible for compliance by all Subcontractors on the Project.

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Design/Builder and Subcontractors shall keep accurate payroll records, showing the name, address, Social Security number, work classification, dates of payroll period, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Design/Builder and by each Subcontractor in connection with the Work. Such records shall be certified under penalty of perjury that the information contained in the payroll record is true and correct and that the employer has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any work performed by its employees on the Project, and records shall be available for inspection at all reasonable hours at the principal offices of Design/Builder and Subcontractors in the manner set forth in Labor Code Sections 1776 and 1812.

To the extent provided in Labor Code Section 1776(e), upon a written request, Design/Builder and/or its Subcontractors shall file a certified copy of the payroll records with the requesting entity within 10 days after receipt of the written request. Failure to submit timely, complete certified payrolls shall subject Design/Builder and/or Subcontractor to the penalties specified in subdivision ( h) of the Labor Code section 1776, which penalties may be deducted from progress payments to Design/Builder.

Design/Builder shall not carry on its payrolls any person not actually employed by Design/Builder, nor shall it carry on its payrolls employees of a Subcontractor. Design/Builder shall show on its payrolls all persons actually employed by Design/Builder on the Project, in any capacity. Design/Builder shall supervise all Subcontractors to ensure that all Subcontractors comply with these provisions.

In accordance with Government Code Section 8546.7, or any amendments thereto, all books, records, and files of Design/Builder, or any Subcontractor connected with the performance of this Contract, shall be subject to examination and audit by the California State Auditor and/or by the United States Department of Labor. Design/Builder shall preserve and cause to be preserved such books, records and files for a period of three (3) years after final payment unless additional time is requested by the California State Auditor or the United States Department of Labor.

(d) Additional Requirements for Labor Compliance. Design-Builder shall comply with the following additional requirements and shall cause all Subcontractors on the Project to comply.

The records kept by the Contactor and all subcontractors of the hours and wages of all employees employed on Project also shall be open at all times for inspection by DIR and the Division of Labor Standards Enforcement (“ DLSE”), in accordance with Sections 1776 and 1812 of the Labor Code. Such records shall be furnished electronically to the Labor Commissioner of DIR monthly, unless more frequent submission is required herein, and shall be furnished within 10 days of any separate request by DIR or DLSE. Payroll records shall be furnished in a format prescribed by section 16401 of Title 8 of the California Code of Regulations, with use of the current version of DIR’s “Public Works Payroll Reporting Form” (A-1-131) and “Statement of Employer Payments” (DLSE Form PW26) constituting presumptive compliance with this requirement, provided the forms are filled out accurately and completely. Payroll data can be entered manually or uploaded into the electronic certified payroll reporting (eCPR) system once it is available.

On a random basis and at such other times as it deems appropriate, DIR also may confirm the accuracy of payroll reports, including by corroboration of information in payroll reports ITEM 22
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through independent sources, including without limitation worker interviews, examination of any time and pay records found within the definition of “Payroll Records” in section 16000 of Title 8 of the California Code of Regulations, direct verification of “Employer Payments” (as defined at section 16000 of Title 8 of the California Code of Regulations) through third -party recipients of those payments, or any other legal and reasonable method of corroboration. As part of its confirmation process, DIR may require Design-Builder and any of its Subcontractors to furnish for inspection itemized statements prepared in accordance with Labor Code Section 226. DIR may conduct random confirmation based on a recognized statistical sampling of the records submitted.

DIR may conduct in-person inspection(s) at the site or sites at which the Work of the Project is being performed (“On-Site Visits”). On-Site Visits may include visual inspection of required job site notices, including but not limited to (1) the determination(s) of the Di rector of DIR of the prevailing wage rate of per diem wages required to be posted at each job site in compliance with Labor Code Section 1773.2; (2) the Notice of pay days and time and place of payment required by Labor Code Section 207; and (3) any other notices prescribed by law.

On-Site Visits may also include inspections of records, inspections of the work site and observation of work activities, interviews of workers and others involved with the Project, and any other activities deemed necessary by DIR to ensure compliance with prevailing wage requirements. In accordance with Labor Code Section 90, the Labor Commissioner and his/her deputies and agents shall have free access to any construction site or other place of labor and may obtain any information or statistics pertaining to the lawful duties of the Labor Commissioner, including but not limited to evidence of compliance with Labor Code Section 226 (itemized wage statements for employees) and any other laws enforced by the Labor Commissioner.

In accordance with Section 16463 of Title 8 of the California Code of Regulations (“8 CCR Section 16463”), City may, on its own or if required by the Labor Commissioner, withhold funds due to Design- Builder when payroll records are delinquent or inadequate. The amount withheld shall be those payments due or estimated to be due to Design- Builder or Subcontractor whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against Design-Builder or Subcontractor whose payroll records are delinquent or inadequate. Design -Builder shall cease all payments to a S ubcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the Subcontractor has cured the delinquency or deficiency. When payments are withheld under 8 CCR Section 16463, the Labor Commissioner will provide Design- Builder and Subcontractor, if applicable, with immediate written notice that includes all of the following:
(1) a statement that payments are being withheld due to delinquent or inadequate payroll records, and that identifies what records are missing or states why records that have been submitted are deemed inadequate; (2) specifies what amounts City has been directed to withhold; and (3) informs Design-Builder or Subcontractor of the right to request an expedited hearing to review the withholding of payments under Labor Code Section 1742, limited to the issue of whether the records are delinquent or inadequate or the Labor Commissioner has exceeded his or her authority under 8 CCR Section 16463. Where the violation is by a Subcontractor, Design-Builder shall be notified of the nature of the violation and reference shall be made to Design-Builder’s rights to withhold or recover payments from the Subcontractor under Labor Code Section 1729. The withholdings under 8 CCR Section 16463 do not preclude assessment of penalties under Labor Code Section 1776( h) for f ailure to ITEM 22
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timely comply with a written request for certified payroll records, as set forth below.

(e) Apprentices. Attention is directed to the provisions of Sections 1777.5, 1777.6 and 1777.7 of the Labor Code concerning the employment of apprentices by the Design-Builder or any subcontractor.

Design-Builder and all S ubcontractors on the Project shall comply with the requirements of Sections 1777.5 and Section 1777.6 of the Labor Code in the employment of apprentices.

Violation of these requirements shall subject Design-Builder and/or S ubcontractor to the penalties set forth in Section 1777.7 of the Labor Code and/or otherwise provided by law or Contract.

Information relative to apprentice standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, from the Division of Apprenticeship Standards or its branch offices, and/or on the DLSR website at www.dir.ca.gov/DLSR/PWD. Apprentices employed on the Project must at all times work with or be under the direct supervision of a journeyman or journeymen.

(f) Compliance with Anti-Discrimination Laws. Without limiting the generality of Section 3.5.3, Design-Builder shall comply with Section 1735 of the Labor Code, which provides as follows:

“A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.”

(g) Workers’ Compensation Insurance. Without limiting the generality of Section 3.5.3, Design Builder, in compliance with the provisions of Labor Code Section 3700, shall provide, at all times in which it is providing or performing any work on the Project, at its sole cost and expense, workers’ compensation insurance for all of its employees engaged in work for the Project. In case any of Design -Builder’s work is sublet, Design- Builder shall require the Subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees. Any employee performing work directly or indirectly for Design -Builder on the Project and not covered by a Subcontractor’s insurance shall be covered by Design-Builder’s insurance. If any individual engaged in work for or on behalf of Design-Builder on or at the site of the Project is not protected under Workers’ Compensation laws, Design- Builder shall provide, or shall cause a Subcontractor to provide, adequate insurance coverage for the protection of such employee, not otherwise protected. Design -Builder shall file with City certificates of its insurance protecting workers.

(a) No Disqualification. Design/Builder represents and warrants that neither it, nor any of its Subcontractors, has been debarred by the California Labor Commissioner pursuant to Section 1777.1 of the California Labor Code or otherwise.

(b) Failure to Comply. Any failure of Design/Builder or its Subcontractors to comply with ITEM 22
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applicable Labor Laws shall constitute a material breach of this Agreement for purposes of Section 5.2 hereof (City Termination for Cause). In addition, City may withhold payment to Design/Builder as necessary to satisfy any civil wage or other penalty assessment issued by the California Labor Commissioner.

S
ection 3.7. Reliance on City Information. In performing the Work, Design/Builder shall be entitled to rely on the accuracy and completeness of any and all information provided to Design/Builder by City, including without limitation the information required to be provided pursuant to Section 1.6 of this Agreement, except where it would be unreasonable to do so.

S
ection 3.8. Design/Builder’s Warranties and Disclaimers. Design/Builder warrants to City that, for a period of one (1) year from the applicable Date of Substantial Completion of Work covered by a Letter of Substantial Completion (the “Warranty Period”), the materials and equipment manufactured by Design/Builder will be of good quality and new unless the Contract Documents require or permit otherwise, and further warrants that such Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. Design/Builder’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by or on behalf of Design/Builder, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. Design/Builder shall repair or replace defective material or equipment and re-perform Work to correct any defect within the applicable Warranty Period. In the event warranty Work by the Design/Builder is necessary, the Design/Builder shall provide an additional one-year warranty on the corrected Work only from the date the corrected Work is completed or the end of the initial warranty period, whichever is later.

Design/Builder does not warrant products not manufactured by Design/Builder, but it will pass on to City any manufacturer’s warranty to the extent permitted. THE FOREGOING WARRANTIES AND REMEDIES ARE

EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, WHETHER STATUTORY,

EXPRESS OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE) BUT DO NOT LIMIT CITY’S OTHER AVAILABLE REMEDIES UNDER LAW, INCLUDING, WITHOUT LIMITATIONS, TIME LIMITS AND REMEDIES FOR PATENT OR LATENT DEFECTS.

A
RTICLE 4

CHANGES
S
ection 4.1. Changes, Generally. Notwithstanding anything to the contrary contained herein no change shall be made or performed except pursuant to a written Change Order signed by the Design/Builder and the City and stating the Change Order is authorized by the City’s Project Manager.

S
ection 4.2. Change Orders. City may at any time request any change in the Scope of Design Work and/or the Scope of Construction Work. In response to any such request, Design/Builder shall provide to City a written proposal that describes in reasonable detail: (i) the change; (ii) the impact of the change on the time required for performance of Design/Builder's obligations; (iii) the impact of the change on the compensation to be paid by City to Design/Builder; and (iv) the impact of the change on any efficiency or energy savings guarantees (if applicable pursuant to Section 2. 5 hereof). Except as otherwise stated herein, Design/Builder shall have no obligation to perform such Change Order request until the City has provided evidence that the issuance of the Change Order request was approved by the City’s Project Manager . Signature by Design/Builder on the Change Order constitutes its agreement with and acceptance of the adjustments in the Project Fee and time for completion, if any.

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Section 4.3. Emergency Construction Change Order. City may issue an Emergency Change Order.

An Emergency Change Order shall be used only when implementation of an Emergency Change Order is critical for the protection of the Project as a whole and time does not permit processing of a Change Order prior to implementation of the Emergency Change Order. If the Parties are unable to agree upon the price of the Emergency Change Order prior to its implementation, it shall be priced on a time and materials basis.

Design/Builder shall, on a monthly basis with its progress payment submissions, submit a reconciliation for all work performed under a cost-plus Emergency Change Order during the period of the progress payment.

A final reconciliation shall be submitted within sixty (60) days after the work of the Emergency Change Order is completed. The reconciliation shall recap all costs and markups for the period. Notwithstanding anything to the contrary contained herein, City shall not issue an Emergency Change Order without prior approval of the City’s Project Manager.

Section 4.4. Materials and Equipment Procurement . In the event a significant delay in acquiring materials or equipment or a significant increase in the price of materials or equipment occurs during the performance of the Agreement by no fault of Design/Builder, the Project Fee and/or the Completion Date, as appropriate, shall be equitably adjusted by Change Order. A change in the price of an item of material or equipment will be considered significant when the price of an item increases by five percent (5)% between the Project Proposal Date and the date on which such item is due to be purchased and/or installed in accordance with the Schedule of Values or the Construction Schedule.

Section 4.5. Unforeseen Conditions . “ Unforeseen Site Conditions ” shall mean and include any subsurface, concealed or latent conditions, including without limitation the presence of hazardous materials, that differ materially from those conditions (i) actually known by Design/Builder, (ii) accurately reflected in available existing data, (iii) expected based on the results of Design/Builder’s Site Investigation, and/or (iv) that would have been identified, discovered and/or confirmed by the exercise of reasonable due diligence in Design/Builder’s Site Investigation. In the event Design/Builder encounters Unforeseen Site Conditions at the Project Site or that otherwise impact the Project, Design/Builder shall notify City of such conditions promptly and before such conditions are further disturbed, but in no event later than three (3) business days after observing such conditions. The Design/Builder will not proceed with performance of work affected by the Unforeseen Site Conditions until the parties have signed a Change Order. To the extent Design/Builder incurs additional costs or delays as a result of Unforeseen Site Conditions, the Parties shall execute a Change Order reflecting an equitable adjustment to the Project Fee and/or the Completion Date, as appropriate.

ARTICLE 5

SUSPENSION AND TERMINATION

Section 5.1. Termination for Convenience by City. City may terminate this Agreement at any time for convenience.

Termination shall be by written notice to Design -Builder. Upon receipt of such notice, Design- Builder shall, unless the notice directs otherwise, immediately discontinue its work and the placing of orders for materials, facilities and supplies in connection therewith, and shall, if requested, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms reasonably satisfactory to City .

Following receipt of notice of termination, Design/ Builder shall thereafter do only such work as may be necessary to preserve and protect portions of its work already in progress and to protect materials and equipment on or in transit to the Project. Notwithstanding anything to the contrary contained herein, Design/Builder shall be entitled to recover restocking fees for material ordered but cancelled prior to installation.

If the City terminates the Agreement or Design/Builder’s right to proceed for cause and it is later determined that the for-cause termination was wrongful, such termination automatically shall be converted to and treated ITEM 22
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as a termination for convenience under this Section. In such event, Design/Builder shall be entitled to receive only the amounts payable under Section 5.4 for a termination for convenience, and Design-Builder specifically waives any claim for any other amounts or damages, including any claim for consequent ial damages or lost profits except as allowed under Section 5.4.

Section 5.2. Termination for Cause by City . If Design/Builder repeatedly or materially breaches this Agreement, or is insolvent or has made a general assignment for the benefit of all creditors, or a receiver has been appointed on account of Design/Builder’s insolvency, and City has provided written notice to Design/Builder detailing the alleged breach or issue of insolvency, and within thirty (30) days of Design/Builder’s receipt of such written notice Design/Builder has neither cured the alleged breach nor diligently commenced to cure such breach, City may terminate this Agreement and/or Design/Builder’s right to proceed effective immediately upon the receipt of written notice by Design/Builder . If the Performance Bond surety refuses to take over the Work within 30 days of receipt of notice of termination for default thereby forcing the City to take over the Work, it may prosecute the same to completion by contract or by any other method it may in good faith deem advisable, for the account and at the expense of Design- Builder, and Design-Builder and its sureties shall be liable to the City for any reasonable excess costs, including management, supervision, and design support incurred in good faith by the City. In such event, City may take possession of and utilize in completing the Work, Design-Builder’s materials whether stored at the Site or elsewhere, that the City paid for and are necessary for completion of the Work. Design-Builder may agree to assign to City all of its interest in orders and/or contracts existing at the time of termination for default. The assignment of said orders and/or contracts shall be effective upon notice of acceptance by City in writing, and only as to those orders and/or contracts which City designates in writing. Nothing in this Agreement shall be deemed or construed as a waiver by Design/Builder of any rights it may have with respect to a wrongful suspension or termination by the City.

Section 5.3. Suspension or Termination for Cause by Design/Builder. If City fails to make any payment(s) to Design/Builder as required in this Agreement or repeatedly or materially fails, refuses or neglects to fulfill any of its other obligations or responsibilities under this Agreement or the Contract Documents, Design/Builder may, after delivery of written notice and providing City thirty (30) days to cure such failure, refusal or neglect, suspend the Project or terminate this Agreement. If Design/Builder suspends the Project pursuant to this Section, the Project schedule and any anticipated completion dates shall be adjusted accordingly. If Design/Builder terminates the Agreement pursuant to this Section, Design/Builder shall be entitled to recover payment from City in accordance with Section 5.4 below. Nothing in this Agreement shall be deemed or construed as a waiver by City of any rights it may have with respect to a wrongful suspension or termination by Design/Builder.

Section 5.4. Compensation to Design/Builder Upon Termination. In the event of any termination by City for convenience other than pursuant to Section 1.5.1 or a termination for cause by Public Agency pursuant to Section 5.2, City shall compensate Design/Builder: (i) for such portion of the Project as has been completed in conformity with the Contract Documents prior to the effective date of termination; (ii) for services in progress by Design/Builder and any of its Subcontractors at such time, including any overhead and/or anticipated profit attributable to such Work in progress, and (iii) for any costs and damages incurred by reason of the termination, including any proven loss with respect to subcontracts, materials, equipment, tools machinery, and restocking costs.

In the event of a termination pursuant to Section 1.5.1, City shall pay the Design Fee to Design/Builder on the date of such termination. In the event of any termination by City for cause Design-Builder shall not be entitled to receive any further payment until the Work is finished and shall be liable to City for actual losses reasonably incurred by City in good faith in completing the Work.

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Section 5.5. Design/Builder to Provide Copies of Project Documents. Not later than sixty days following the effective date of a termination pursuant to this Article 5, Design/Builder shall provide to City copies of all Project Documents (defined in Section 8.4).

Section 5.6. Effect of Termination. No termination except for a termination under Section 1.4.1 shall release Design/Builder of its obligations under the Contract Documents with respect to any Work performed prior to the date of termination. Except as otherwise provided in the Contract Documents, any termination shall relieve Design-Builder of all remaining obligations under the Agreement and the Contract Documents as of the effective date of termination, including, without limitation, any efficiency or energy savings guarantees (if applicable pursuant to Section 2.5 hereof).

Section 5.7. Survival of Obligations. The Parties' respective rights and obligations pursuant to this Article 5, Article 7 (subject to Section 7.9), and Article 8 shall survive termination of this Agreement.

ARTICLE 6

INSURANCE

Section 6.1. Required Insurance. Design/Builder shall, at its sole cost and expense, maintain in effect the following policies of insurance for the applicable period(s) set forth in Section 6.2:

(i) Commercial General Liability Insurance . A policy of commercial general liability insurance, written on an “occurrence” basis, with a limit of not less than two million dollars ($2,000,000) per occurrence (“General Liability Policy”).

(ii) Automobile Liability Insurance. A policy of automobile liability insurance, written on an “occurrence” basis, with a combined single limit of not less than one million dollars ($1,000,000) per accident for bodily injury and property damage (“Auto Liability Policy”). The Auto Liability Policy must include coverage for owned, hired and non-owned automobiles.

(iii) Workers' Compensation and Employer’s Liability Insurance. Workers' compensation insurance as required by California law, and employer's liability insurance, written on an “occurrence” basis, with a limit of not less than two million dollars ($2,000,000).

(iv) Professional Liability Insurance. Professional liability insurance, written on a claims made (and reported) basis, with a limit of not less than two million dollars ($2,000,000) per claim (“Professional Liability Policy”).

Section 6.2. Duration of Insurance. The insurance required pursuant to this Article 6 shall be procured by Design/Builder prior to Design/Builder’s commencement of the Project and shall be maintained in effect by Design/Builder at least until the date that is one year following the earlier of the termination of this Agreement or the Date of Substantial Completion of the Project. Notwithstanding the foregoing, Design/Builder shall maintain the Professional Liability Policy in effect at least until the date that is three years following the earlier of the termination of this Agreement or the Date of Substantial Completion of the Project.

Section 6.3. Insurer Rating Standards. The insurance policies required pursuant to this Article 6 must be issued by one or more insurers that are (i) licensed to do business in the State of California and (ii) have an A.M. Best Company rating of not less than “A-” and a financial size category of not less than “VII.”

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Section 6.4. Additional Insureds. City, members of City ’s Governing Body, and City's other officers, employees, and agents (collectively, including the Governing Body, the “City Agents”), shall all be named as additional insureds on Design/Builder’s General Liability Policy and Auto Liability Policy. The additional insured endorsements will be provided on the most current versions of ISO Form CG 2010 and ISO Form CG 2037 or their substantial equivalents.

Section 6.5. Waiver of Subrogation. Each of the General Liability Policy and the Auto Liability Policy shall provide a waiver of transfer of rights of recovery in favor of City.

Section 6.6. Design/Builder Insurance is Primary. The General Liability Policy and the Auto Liability Policy must be endorsed to provide that they are primary and non-contributory.

Section 6.7. Premiums, Deductibles and Self -Insured Retentions. Design/Builder shall be solely responsible for paying any and all deductibles and self -insured retentions applicable to any of the insurance policies that Design/Builder is required to have in effect pursuant to this Article 6.

Section 6.8. Evidence of Coverage. Prior to commencing the Work, Design/Builder must provide to City duly authorized and executed certificates of insurance evidencing that the insurance policies required to be maintained by Design/Builder pursuant to this Article 6 are in effect (each a “ Certificate of Insurance ”) As applicable, the Certificates of Insurance must identify those who are additional insureds in accordance with this Article 6. Not less than thirty days prior to the expiration of any insurance policy that Design/Builder is required to maintain pursuant to this Article 6, Design/Builder must provide an updated Certificate of Insurance to City evidencing the renewal of such policy.

Section 6.9. Notice of Change in Policies. Design/Builder shall notify City within thirty (30) days of its receipt of written notice from an applicable insurer that a policy required hereunder will expire without renewal or will be canceled, terminated, or materially reduced in coverage.

Section 6.10. Review of Coverage. City’s failure to identify any non-compliance by Design/Builder with the requirements of this Article 6 shall not be deemed or construed to relieve Design/Builder from any of its obligations hereunder.

Section 6.11. Subcontractor Insurance. Design/Builder shall require that each of its Subcontractors comply with substantially the same requirements as are set forth in this Article 6 for Design/Builder, except to the extent City has approved any different standards or requirements applicable to any particular Subcontractor.

ARTICLE 7

INDEMNIFICATION AND LIABILITY

Section 7.1. Indemnification of City. To the extent allowed under Applicable Law, Design/Builder shall indemnify, defend and hold harmless City and City Agents from and against any and all third -party claims, demands, actions, judgments, damages, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) to the extent caused by the negligence or misconduct of Design/Builder, any Subcontractor, or any officers, employees, or agents of Design/Builder or any Subcontractor (collectively, not including Design/Builder, the “Design/Builder Agents”) in connection with this Agreement.

Section 7.2. Defense of City. Design/Builder’s duty to defend City shall arise immediately upon tender and demand for defense. Design/Builder shall control the defense and handling of any claims for which ITEM 22
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Design/Builder is required to indemnify City and/or City Agents pursuant to Section 7.1, at Design/Builder’s sole cost and expense, using qualified and appropriately experienced legal counsel selected and retained by Design/Builder and to which City has no reasonable objection. Design/Builder’s obligations under Section 7.1 shall not apply to any claim that is settled or otherwise resolved by City and/or any City Agent without Design/Builder’s prior written consent.

Section 7.3. Limitation on Design/Builder Obligations. Design/Builder shall not be obligated to indemnify or hold harmless City or any City Agent pursuant to this Article 7 to the extent any claim, demand, action, judgment, damage, loss, cost or expense results from the negligence or willful misconduct of City or any of City Agents. Design/Builder shall be reimbursed for any costs and expenses incurred in the defense or handling of any claim to the extent such claim is determined by a court or arbitrator of competent jurisdiction to be attributable to the negligence or willful misconduct of City or any City Agent.

Section 7.4. Applicability of Civil Code Section 2782.8. To the extent Design/Builder or any Subcontractor will provide “design professional services” in connection with this Agreement, this Article 7 shall be interpreted consistent with, and shall be limited by, California Civil Code Section 2782.8 as in effect on the Effective Date, and any obligation to indemnify City and/or City Agents shall apply only to the extent arising from the negligence, recklessness, or willful misconduct of Design/Builder or any of the Design/Builder Agents.

Section 7.5. Notice; Cooperation. City and City Agents shall promptly provide written notice to Design/Builder of any claims , demands, actions, judgments, damages, losses, costs and/or expenses for which Design/Builder may be responsible pursuant to this Article 7. City and City Agents shall fully cooperate with Design/Builder, at Design/Builder’s cost and expense, to the extent reasonably necessary or appropriate in connection with the performance of Design/Builder’s obligations pursuant to this Article 7.

Section 7.6. Insurance Not a Limitation. The obligations of Design/Builder pursuant to this Article 7 shall not be deemed or construed to be conditioned upon, limited by or expanded by the existence of any insurance coverage maintained by a Party or other person or entity.

Section 7.7. Subcontractor Indemnity. Design/Builder shall require each of its Subcontractors to comply with the requirements of this Article 7 related to indemnifying, holding harmless, and defending City, except to the extent City agrees in writing to apply a different set of standards or requirements to a particular Subcontractor.

Section 7.8. Ro
yalties, Patents and Copyrights. Without limiting any of the foregoing, Design/Builder shall indemnify, defend and hold City harmless against any and all settlements, judgments, costs, damages, and expenses, including reasonable attorneys’ fees, which may be awarded against City in any suit, action, or proceeding brought against City for infringement or alleged infringement of any patent, trademark, or copyright arising out of the Work furnished hereunder or its use in the manner specified by Design/Builder’s specifications, without alteration, modification or use with equipment purchased from third parties.

Sect
ion 7.9. Limitations of Liability. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT

OR THE CONTRACT DOCUMENTS TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY, ITS

OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY FORM OF INDIRECT,

SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INC LUDING, BUT NOT LIMITED TO, LOSS OF

USE, LOSS OF PRODUCTION, LOSS OF PRODUCT, LOSS OF REVENUE, LOSS OF PROFITS OR LOSS

OF DATA DAMAGES, WHETHER SUCH DAMAGES ARISE IN CONTRACT OR TORT AND IRRESPECTIVE

OF FAULT, NEGLIGENCE OR STRICT LIABILITY OR WHETHER SUCH PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION ITEM 22
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OF THIS AGREEMENT OR THE CONTRACT DOCUMENTS AND TO THE EXTENT PERMITTED BY

APPLICABLE LAW, THE MAXIMUM LIABILITY OF DESIGN/BUILDER FOR DAMAGES UNDER THIS AGREEMENT AND THE CONTRACT DOCUMENTS SHALL NOT EXCEED 1.5 TIMES THE AMOUNTS

ACTUALLY PAID BY CITY FOR THE SERVICE(S) GIVING RISE TO THE CLAIM OR THE COST OF THE PROJECT, WHICHEVER IS HIGHER. . THE PRECEDING SENTENCE SHALL NOT APPLY TO ANY CLAIM FOR BODILY INJURY, OR TO ANY OTHER CLAIM TO THE EXTENT OF D ESIGN/BUILDER’S GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT

Section 7.10. Survival of Obligations. With respect to acts, omissions or incidents occurring prior to completion of the Project and/or termination of this Agreement, the Parties' respective rights and obligations pursuant to this Article 7 shall survive completion of the Project and/or termination of this Agreement for the applicable statute of limitations.

ARTICLE 8

MISCELLANEOUS

Section 8.1. Relationship of the Parties. Design/Builder is, for any and all purposes of or related to this Agreement, an independent contractor to City. In no event shall Design/Builder or any of its Subcontractors, or any officer, employee or agent of either, be deemed or construed to be an officer, employee or agent of City on account of this Agreement. Nothing herein shall be deemed to establish a relationship of principal and agent between Design/Builder and City, or any of their respective agents or employees, and neither this Agreement nor any of the Contract Documents may be construed as creating any form of legal association or arrangement that would impose liability upon one Party for the act or failure to act of the other Party.

Section 8.2. Taxes. The Project Fee shall be deemed and construed to include compensation to Design/Builder for any and all duties, sale, use, excise or other similar taxes required by federal, state or local laws in effect as of the Effective Date or promulgated thereafter and payable in connection with the Project.

Section 8.3. Project Records. Design/Builder shall keep and maintain all such books and records as are necessary for proper administration and performance of the Agreement and/or as are required by law and/or this Agreement to be maintained ( to the extent exclusively related to the performance of the Agreement, “Project Records”), including, but not limited to, plans and specifications, Change Orders, submittals, cut - sheets, projected energy-savings calculations, requests for information, written notices, permits, testing and inspection reports, and safety records . Pursuant to Government Code Section 8546.7, the California State Auditor has the right, for a period of three years after final payment is made under this Agreement, to examine and audit this Agreement at the request of City or as part of any audit of City . To the extent required by Government Code Section 8546.7 during such three-year period, Design/Builder shall allow the California State Auditor and City to examine and/or audit this Agreement and the relevant Project Records at Design/Builder’s offices during normal business hours and upon reasonable advanced notice.

Section 8.4. Ownership and Use of Documents. Any and all conceptual, preliminary, working, and final documents (both originals and reproductions), presentations, computations, analyses, and other documents, in whatever format or storage medium, that have been obtained or prepared for City by Design/Builder pursuant to this Agreement and that have been paid for by City in accordance with this Agreement (each a “Project Document”) shall be deemed and construed to be and remain the property of City. Assuming City has paid in full for the Project Documents, City shall have the unconditional right to use the Project Documents, for their intended purposes and, at City's sole discretion, for any other purpose, with no additional compensation due to Design/Builder. Except as expressly agreed in writing, City shall not be required to employ Design/Builder in connection with any future use of the Project Documents. However, n otwithstanding ITEM 22
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anything to the contrary, City acknowledges and agrees that the Project Documents are prepared with the expectation and intent that the Project is to be performed and completed by or on behalf Design/Builder; in the event City terminates this Agreement pursuant to Section 1.4.1, City acknowledges and agrees that the Project Documents are not intended to be, and shall not be, relied upon by City or any third party in performing or completing any aspect of the Project. City shall indemnify and hold Design/Builder harmless for any liabilities caused by City’s use of the Project Documents other than in connection with Design/Builder’s completion of the Project.

Section 8.5. Intellectual Property Rights. Nothing in this Agreement shall be deemed or construed to result in City acquiring any interest or rights in any intellectual property owned, possessed or developed by Design/Builder or any third parties (“Design/Builder Intellectual Property”), including without limitation any Design/Builder Intellectual Property in or underlying the Project Documents. However, Design/Builder hereby grants City a perpetual, paid-up, worldwide license to make use of Design/Builder Intellectual Property to the extent that s uch Design/Builder Intellectual Property is necessary for the proper use, operation and/or maintenance of the Project Documents and/or any other products, services or deliverables provided by Design/Builder pursuant to this Agreement. Design/Builder shall indemnify, defend and hold harmless City and City Agents for any infringement of third-party intellectual property rights caused by Design/Builder or any of its Subcontractors in connection with this Agreement.

Section 8.6. Force Majeure. Notwithstanding anything to the contrary, Design/Builder shall not be held responsible (whether by actual or liquidated damages, termination for default, or otherwise) for any delay or non-performance that is caused by circumstances beyond Design/Builder’s reasonable control (such as, for example, acts of God or the public enemy, acts of Governmental Authorities, fires, floods, epidemics and/or pandemics, quarantine restrictions, strikes, unusually severe weather, unusually severe shortages in the available supply of materials or equipment needed for performance of the Work, Unforeseen Site Conditions, and delays of common carriers ). In the event that Design/Builder ’s performance hereunder is impacted by such force majeure circumstances, then upon Design/Builder ’s reasonable request (with appropriate supporting documentation), the Parties shall execute a Change Order reflecting such equitable changes to this Agreement as may be necessary or appropriate under the circumstances.

Section 8.7. Export Control. The products, software, services, information, other deliverables and/or the technologies embedded therein (hereinafter referred to as “ Deliverables”) provided by Design/Builder under this Agreement contain or may contain components and/or technologies from the United States of America (“US”), the European Union (“EU ”) and/or other nations. City acknowledges and agrees that the assignment and/or usage of Deliverables under this Agreement shall fully comply with applicable US, EU and other national and international export control laws and/or regulations. Unless any applicable export licenses have been obtained from the relevant authority and the Design/Builder has approved, the Deliverables shall not (i) be exported and/or re-exported to any destination or party (including without limitation to any individual, group and/or legal entity) restricted by the applicable export control laws and/or regulations; or (ii) be used for those purposes and fields restricted by the applicable export control laws and/or regulations. City also agrees that the Deliverables will not be used either directly or indirectly in any rocket systems, unmanned air vehicles, and/or nuclear weapons delivery systems, nor will they be used in any design, development, production or use for any weapons (which may include, without limitation, chemical, biological or nuclear weapons). If any necessary or advisable licenses, authorizations or approvals are not obtained, whether arising from inaction by any relevant Governmental Authority or otherwise, or if any such licenses, authorizations or approvals are denied or revoked, or if the applicable export control laws and/or regulations would prohibit Design/Builder from fulfilling any order, or would in Design/Builder’s judgment otherwise expose Design/Builder to a risk of liability under the applicable export control laws and/or regulations if it fulfilled the order, Design/Builder shall be excused from all obligations under such order and/or this Agreement.

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Section 8.8. Ethics and Compliance with Laws. Each Party shall comply in all respects with all Applicable Law governing the duties, obligations, and business practices of that Party. Neither Party shall take any action in violation of any Applicable Law that could result in liability being imposed on the other Party. In the event City has concerns related to ethics, compliance or Design/Builder’ s Principles of Responsibility, and/or any potential violations of these policies, City is welcome to make use of Design/Builder’s GreenLine.

The GreenLine is Design/Builder’s global helpline for external stakeholders. It is a confidential channel through which Public Agencies can ask questions and raise concerns. Reports can be made using the following link:
https://secure.ethicspoint.eu/domain/media/en/gui/104677/index.html

Section 8.9. Cybersecurity.

8.9.1. City’s Obligations for Its Systems. City is solely responsible for the implementation and maintenance of a comprehensive security program (“Security Program”) that contains reasonable and appropriate security measures and safeguards to protect its computer network, systems, machines, and data (collectively, “Systems ”), including those Systems on which it runs the Deliverables provided by Design/Builder, against Cyber Threats. “ Cyber Threat ” means any circumstance or event with the potential to adversely impact, compromise, damage, or disrupt City’s Systems or that may result in any unauthorized access, acquisition, loss, misuse, destruction, disclosure, and/or modification of City’s Systems, including through malware, hacking, or similar attacks. Without limiting the foregoing, City shall at a minimum:
(i) have qualified and experienced personnel with appropriate expertise in cybersecurity maintain City’s Security Program, and have such personnel regularly monitor cyber intelligence feeds and security advisories applicable to City’s Systems or City’s industry; (ii) promptly update or patch its Systems or implement other appropriate measures based on any reported Cyber Threats and in compliance with any security notifications or bulletins, whether publicly disclosed on Design/Builder’s security notification webpage at https://www.se.com/ww/en/work/support/cybersecurity/security-notifications.jsp or otherwise provided to City;
(iii) regularly monitor its Systems for possible Cyber Threats; (
iv) regularly conduct vulnerability scanning, penetration testing, intrusion scanning, and other cybersecurity testing on its Systems; and
(v) meet the recommendations of Design/Builder’s Recommended Cybersecurity Best Practices, available at https://www.se.com/us/en/download/document/7EN52 -0390/, as may be updated by Design/Builder from time to time, and then-current industry standards.

8.9. 2. City’s Use of the Deliverables. Design/Builder may release Updates and Patches for its Deliverables from time to time. City shall promptly install any Updates and Patches for such Deliverables as soon as they are available in accordance with Design/Builder ’s installation instructions and using the latest version of the Deliverables, where applicable. An "Update" means any software that contains a correction of errors in a Deliverable and/or minor enhancements or improvements for a Deliverable, but does not contain significant new features. A “ Patch” is an Update that fixes a vulnerability in a Deliverable. City understands that failing to promptly and properly install Updates or Patches for the Deliverables may result in the Deliverables or City’s Systems becoming vulnerable to certain Cyber Threats or result in impaired functionality, and Design/Builder shall not be liable or responsible for any losses or damages that may result.

8.9.3. Identification of Cyber Threats . If City identifies or otherwise becomes aware of any vulnerabilities or other Cyber Threats relating to the Deliverables for which Design/Builder has not ITEM 22
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released a Patch, City shall promptly notify Design/Builder of such vulnerability or other Cyber Threat(s) via the Design/Builder Report a Vulnerability page (https://www.se.com/ww/en/work/support/cybersecurity/report-a -vulnerability.jsp#Public Agencies) and further provide De sign/Builder with any reasonably requested information relating to such vulnerability (collectively, “ Feedback”). Design/Builder shall have a non- exclusive, perpetual and irrevocable right to use, display, reproduce, modify, and distribute the Feedback (including any confidential information or intellectual property contained therein) in whole or part, including to analyze and fix the vulnerability, to create Patches or Updates for its Public Agencies, and to otherwise modify its Deliverables , in any manner without restrictions, and without any obligation of attribution or compensation to City ; provided, however, Design/Builder shall not publicly disclose City’s name in connection with such use or the Feedback (unless City consents otherwise). By submitting Feedback, City represents and warrants to Design/Builder that City has all necessary rights in and to such Feedback and all information it contains, including to grant the rights to Design/Builder described herein, and that such Feedback does not infringe any proprietary or other rights of third parties or contain any unlawful information.

Sect
ion 8.10. Notices.

Section 8.11. General Requirements. Any and all demands and notices required or permitted to be given pursuant to this Agreement (each a “Notice”) must be in writing and must be given or served in accordance with this Section 8.10.

Section 8.12. Methods of Delivery. Each Notice must be sent via: (i) personal delivery , with the name and signature of the recipient obtained upon delivery; (ii) registered or certified United States mail, with postage prepaid and return receipt requested; (iii) FedEx, U.P.S. or other reliable, private delivery service, with the name and signature of the recipient obtained upon delivery; or (iv) electronic mail, with the reference line indicating that it is a “Notice Pursuant to Agreement for Turnkey Design and Construction Services ”, with confirmation of transmission from the sender's machine or device retained in the sender's files (a copy of which shall be provided to the recipient upon request), and with the original Notice deposited for delivery pursuant to clauses (ii) or (iii) above within 12 hours after electronic transmission. Neither Party may unreasonably refuse to accept delivery of any Notice in an attempt to avoid the giving or service of the Notice, and any such refusal by a Party shall be deemed and construed as a material breach of such Party's obligations pursuant to this Agreement.

Section 8.13. Effect of Receipt. A Notice shall be deemed given or served only upon actual receipt by the addressee. In the case of electronic mail, “actual receipt” must be confirmed by a “Read Receipt” or other confirmation of receipt by the recipient. Notwithstanding the foregoing, if any Notice (including, without limitation, any Notice sent by electronic mail) is delivered after 4:00 p.m. on any weekday, on a weekend (Saturday or Sunday), on any federal or State of California holiday, or on any City furlough day mandated by the State of California or the Governing Body , the Notice shall be deemed to have been given or served as of 9:00a.m. on the next business day.

Section 8.14. Applicability of Notice Requirements. The requirements of this Section 8.10 shall not be deemed or construed to apply to: (i) communications between City and/or Design/Builder necessary for day-to-day administration of this Agreement or performance of the Project; or (ii) service of process in accordance with any Applicable Law or court rule.

Section 8.15. Contact Information; Changes. Notice must be addressed and delivered to a Party at the address set forth below, with attention to such Party’s representative named below. A Party ITEM 22
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must give Notice, in accordance with this Section 8.10, of each change in such Party's address, person to whom attention should be directed, or e-mail address. If any such information applicable to a Party changes and such Party does not give Notice of such change, any subsequent Notices addressed and delivered based on such Party's prior contact information shall be deemed and construed to have been properly given or served in accordance with this Section 8.10, regardless of whether “actual receipt” has occurred.

City:

City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attention: Douglas Dunford, City Manager

Design/Builder:

Schneider Electric Buildings Americas, Inc.
1650 West Crosby Rd
Carrollton, TX 75006
Attention: Tammy Fulop

Section 8.16. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law, regardless of any conflict-of-laws provisions applicable in California or any other jurisdiction.

Section 8.17. Dispute Resolution. To the extent allowed by Applicable Law, any controversy or claim arising out of or relating to this Agreement or the Contract Documents, or any breach thereof, shall be resolved by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration proceeding location shall be in the county in which the Project is located.

Section 8.18. Interpretation of Agreement.

Section 8.19. Fair and Reasonable Interpretations. Prior to execution and delivery of this Agreement, each Party has received, or had unqualified opportunities to receive, independent legal advice from its legal counsel with respect to the advisability of executing this Agreement and the meaning of the provisions herein. Therefore, the provisions of this Agreement shall be construed based on their fair and reasonable meaning, and not for or against any Party based on whether such Party or i ts legal counsel was primarily responsible for drafting this Agreement or any particular provision herein.

Section 8.20. Headings and Captions. The headings and captions set forth in this Agreement are for the convenience of the reader only and shall not be deemed or construed to establish, define or limit the meaning of any Article, Section or other provision herein.

Section 8.21. Applicable Law Deemed Included. Each and every provision required by any Applicable Law to be included in this Agreement is hereby deemed to be so included, and this Agreement shall be construed and enforced as if all such provisions are so included. If, for any reason, any provision required by any Applicable Law is not expressly included herein, or is not correctly included herein, then, upon request of either City or Design/Builder , the Parties shall amend this Agreement to include or incorporate, or to correctly include or incorporate, such provision.

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Section 8.22. Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable as written, such provision shall be construed consistent with and to the fullest extent permitted under Applicable Law, and any such determination shall not affect or impair the validity, legality and enforceability of the remaining provisions.

Section 8.23. Entire Agreement. This Agreement, together with the Contract Documents, constitutes the entire understanding and agreement between the Parties pertaining to the performance by Design/Builder of the services required by this Agreement, and all prior and contemporaneous agreements, representations and understandings of the Parties relating to such subject matter, whether oral or written, are hereby superseded and replaced.

Section 8.24. Modifications of Agreement. This Agreement may be amended or otherwise modified only by means of a written instrument duly approved, signed, and delivered by both Parties.

Section 8.25. Waiver. A waiver by a Party of any provision of this Agreement shall be binding only if the waiver is set forth in writing and has been duly approved and signed by the waiving Party. Unless so specified in the written waiver, a waiver by a Party of any provision of this Agreement shall not constitute a waiver of any other provision(s) herein, similar or not, and shall not be construed as a continuing waiver. Except as waived in accordance with this Section , a Party ’s failure to require performance of any requirement of this Agreement shall not, in any manner, affect the Party's right to enforce the same or any other provision of this Agreement at a later time.

Section 8.26. Successors and Assigns. Neither Party may assign this Agreement without the express written consent of the other Party, and any attempt to do so shall be null and void. Subject to the foregoing, this Agreement shall inure to the benefit of, and be binding on, the Parties' authorized successors and assigns.

Section 8.27. Third-Party Beneficiaries. The Parties have entered into this Agreement solely for their own purposes, and this Agreement shall not be deemed or construed to: (i) benefit any third party; (ii) create any right for any third party; or (iii) except as provided by law, provide a basis for any claim, demand, action or other proceeding by any third party.

Section 8.28. Agreement is Public Record. Subject to any legally permissible exceptions, this Agreement is a public record which City may disclose in accordance with California law.

Section 8.29. Execution of Agreement.

Section 8.30. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, taken together, shall constitute one and the same instrument. Signature pages may be detached from counterpart originals and combined to physically form one or more copies of this Agreement having original signatures of both Parties.

Section 8.31. Due Authority of Signatories. Each person signing this Agreement represents and warrants that he or she has been duly authorized by appropriate action of the Party he or she represents to execute, and thereby bind such Party to, this Agreement.

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In Witness Whereof , the Parties have executed this Agreement as evidenced by the signatures of their authorized representatives below.

C
ity of Ceres, California Schneider Electric Buildings Americas, Inc.

By
: By:

Pr
int Name: Prin t Name:

Pr
int Title: Prin t Title:

D
ate Signed: D ate Signed:

Fed. Tax ID No:

ITEM 22
ITEM 22
Exhibits to Design and Construction Agreement
Exhibit A
Scope of Work - Design Phase of the Project
Responsibilities
Public Agency Will:

A. Provide Design/Builder with all such access, knowledge and history as may be relevant to Design/Builder’s analysis and/or design, including, without limitation:
(i) access to Public Agency ’s Facilities, systems and equipment, including remote network access, as necessary or appropriate to facilitate Design/Builder’s analysis and design (i.e. , enabling Design/Builder to take equipment inventory, determine operating schedules, evaluate known operational deficiencies, perform an energy efficiency analysis, measure actual energy use, etc.);
(ii) access to key personnel to discuss operating requirements, maintenance practices, and other information relevant to Design/Builder’s analysis;
(iii) information relating to any and all known or suspected deficiencies, defects, and malfunctions of or affecting the Facilities, systems, equipment and components thereof; (iv) building plans and wastewater plant design documents for the purpose of facilitating understanding of the facility characteristics and the current operation; (v) plant operational data , including lab analysis, operating logs and/or reports, influent/effluent conditions, maintenance records, chemical invoices, and sludge hauling/disposal invoices ; (vi) information relating to any site conditions that should be considered in planning and executing the construction services;
(vii) twenty-six (26) months of electric, gas, and water data, including utility billings on meters for all premises owned by Public Agency; and
(viii) access to copies or loans of any other documentation as may be relevant to Design/Builder’s analysis, as applicable and without limitation.

B. Meet with the Design/Builder to establish Project criteria and make Project decisions in a timely manner.

C. Promptly inform the Design/Builder if at any point the Public Agency becomes aware of any portions of scope that will not be included or funding that will not be available for final Project implementation.

Design/Builder Will:

A. Conduct a Project programming meeting, Facility walk-through(s), and personnel interview(s) to gain an understanding of Facility operations, concerns, needs, and desired performance criteria.

B. Work with Public Agency to refine performance requirements, financial criteria, and Project scope.

C. Provide Public Agency a water, energy, revenue, and cost savings analysis demonstrating the simple ROI effect of project finances and operations.

D. Provide Public Agency a lifecycle financial analysis cash flow.

E. Assist in identifying and preparing applicable grant s or other applications for project funding (if necessary).

F. Provide Public Agency with a Project Proposal setting forth the following:
(i) Proposed Scope of Construction Work
(ii) Proposed Preliminary Construction Schedule
(iii) Proposed lump-sum Construction Fee
(iv) Proposed form of Performance Assurance Support Services Agreement (if necessary) ITEM 22
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(v) Proposed Performance Guarantee (if necessary)
(vi) Proposed Measurement & Verification (“M&V”) Plan (if necessary) (vii) Proposed schedule of Public Agency Responsibilities for Performance Guarantee (if necessary)

Background, Overview, and Assumptions
Public Agency owns and operates a n aerated lagoon wastewater treatment plant (WWTP) at 4200 Morgan Rd, Ceres, CA 95307. The City of Ceres WWTP receives an average daily flow of 2.5 MGD to process, while the current average daily flow for the City of Ceres collection system is 3.5 MGD. The excess 1.0 MGD gets diverted directly to the Modesto WWTP for treatment before reaching the City of Ceres WWTP. The current capacity limitations of the Ceres WWTP also require the City of Ceres to divert an additional 1.0 MGD of partially treated wastewater to the City of Turlock WWTP for further treatment. The net 1.5 MGD of effluent flow from the City of Ceres WWTP is diverted to ponds on site for percolation into the groundwater table.

The table below shows the design scope areas and associated phases. In addition, a description overview of the proposed improvements to the Ceres Wastewater Treatment Plant, along with associated design assumptions and clarifications, is included below.

SCOPE ITEM PHASE
PHASE 1
(PDR)
PHASE 2 PHASE 3 COMMENTS
Flows and Loads X
Site Layout &
Hydraulic Profile
X
Headworks - New in-
channel mechanical
Screen
X X X Phases 2 & 3 dependent on
recommendations from Phase 1
Headworks - Vactor
Truck Receiving
Station
X X X Phases 2 & 3 dependent on
recommendations from Phase 1
Headworks - Influent
Pump Station
Improvements
X X X Phases 2 & 3 dependent on
recommendations from Phase 1
Secondary Treatment
– Activated Granular
Sludge
X X X Design for Phases 2 & 3 is assuming
Activated Granular Sludge
Secondary Treatment
– Membrane
Bioreactor
X MBR will be evaluated in Phase 1 (PDR)
Tertiary Filters X X X
ITEM 22
Exhibits to Design and Construction Agreement
Disinfection - UV X X X
Disinfection – In pipe
to open channel
X
Reverse Osmosis X
Solids handling –
Anaerobic Digester
X The scope of the Anaerobic Digester is
only included in Phase 1 (PDR).

Solids Handling –
Sludge Stabilization
Lagoon
X X X
Effluent Pump Station
Rehabilitation
X X X
Solar Array System X X X

1. Flows and Loads: Historical flows and loads will be analyzed, and projected future design flows and loads will be determined.

2. Headworks: The WWTP currently has two mechanical screens with an estimated reliable capacity of 10 Mgal/d. Additional capacity may be required to accommodate future design peak flows.

3. Vactor Truck Receiving Station: A new Vactor Truck Receiving Station will be evaluated to capture trash and debris at the Headworks.

4. Influent Pump Station Improvements: The existing influent pump station capacity is limited to the reliable pumping capacity of approximately 6.3 Mgal/d (based on one of the existing four pumps being offline). Installing larger pumps will be evaluated to accommodate future design peak flows.

5. Secondary Treatment: Evaluation of the Membrane Bioreactor (MBR) versus Activated Granular Sludge (AGS). Sizing and a side-by-side comparison of both systems will be evaluated. The Activated Granular Sludge (AGS) design scope as a secondary treatment is currently assumed for phases 2 and 3.

6. Tertiary Filtration: Since the MBR effluent is already filtered, tertiary filtration might be needed only if AGS is selected. It is preferable to select a tertiary filtration technology that can be converted to a denitrification filter to reduce nitrogen further if needed in the future. Only one filter technology will be evaluated. The design fee assumes tertiary filter design for phases 2 and 3 unless MBR is selected in Phase 1.
a.

7. Disinfection: UV disinfection will be evaluated by comparing in -pipe to open channel design. The design fee is assuming UV disinfection in open channel design, pending Phase 1 analysis

8. Reverse Osmosis: A reverse osmosis (RO) system for salt removal and potential groundwater injection will be evaluated. The RO system will be sized for 25 percent of the design effluent flow.

9. Solids Handling: Two alternatives for solids handling will be evaluated: Anaerobic digestion versus sludge stabilization lagoons. The anaerobic digestion alternative will include mechanical dewatering ITEM 22
Exhibits to Design and Construction Agreement
with screw presses and anaerobic digestion with a mixing system. The anaerobic digesters will be evaluated for accepting processed food waste and reusing the digester gas. The design fee assumes sludge stabilization basins are the solid handling technology, pending Phase 1 analysis. The design fees will differ if an Anaerobic Digester design is selected as the solid handling process .

10. Effluent Pumping: The existing effluent pump station will be evaluated, and improvements will be recommended.

11. Site Layout and Hydraulic Profile: A site layout and a preliminary hydraulic profile of the recommended project will be presented to the reliable pumping capacity of approximately 6.3 Mgal/d (based on one of the existing

12. Solar The analysis and design of a single ground-mounted Solar Photovoltaic system to support 50% (preliminary estimate) of the annual electrical usage at the largest of three existing electric meters on the Ceres Wastewater Treatment Plant site.

The following items are excluded from the Design Phase of the Project scope of work:

1. Changes to the design due to Value Engineering conducted by a third party other than Design/Builder or Public Agency

2. Evaluation of collection systems and pump stations

3. Permit application submittal fees

4. Environmental fieldwork

5. Subsurface investigations, including potholing

6. Water right valorization and associated planning, marketing, and legal assistance

7. Any unforeseen permitting requirements

The project's Design Phase will be divided into three Phases, as outlined below, with specific deliverables identified for each Phase.

Phase 1 Deliverables

The objective of Phase 1 is to define the scope of work sufficient to develop a conceptual price estimate for the proposed improvements listed above. The design/Builder shall determine for the Public Agency whether each improvement is technically viable and quantify the financial benefits that can be derived from its implementation. This includes the Design/Builder providing a rough order of magnitude of the Project’s turnkey implementation price and any ongoing services price.

Design/Builder will collect all relevant information and design information pertaining to the wastewater plant, including energy use, chemical use, biosolids production, analytical data, and annual operation and maintenance expenditures. Design/Builder will also meet with the Public Agency staff to compile information with respect to operations of the plant and identify areas of concern that require immediate attention. Based on this data collected, the Design/Builder will prepare an agreed-upon scope of services and comprehensive project elements that address the Public Agency staff goals and concerns.

Preliminary Design Report

Design/Builder will prepare a Preliminary Design Report (PDR) that will evaluate and compare tertiary treatment alternatives for Title 22 compliance using Activated Granular Sludge (AGS) with deep bed sand filters versus Membrane Bioreactors (MBR). This analysis will in clude a life cycle cost comparison and decision matrix evaluation for these treatment processes. The PDR will also evaluate solids handling ITEM 22
Exhibits to Design and Construction Agreement
alternatives, comparing sludge dewatering and anaerobic digestion (for importing food waste) to solids stabilization basins and evaluate Reverse Osmosis (RO) for salt removal and groundwater injection. The PDR will provide the basis of the recommended project's design and unit process design criteria for the recommended project. The following report sections will be included in the PDR:
• Design Flows and Loads
• Headworks and Influent Pump Station Improvements
• Tertiary Treatment Alternative Analysis (AGS/Filters versus MBR) • UV Disinfection Alternative Analysis
• Solids Handling Alternative Analysis (Anaerobic Digestion versus Solids Stabilization Lagoons) • Reverse Osmosis (RO) Evaluation
• Electrical, Instrumentation, and SCADA Controls
• Project Site Layout, Hydraulic Profile, and Miscellaneous Improvements • Recommended Project and Preliminary Cost Estimate
Price Estimate
Design/Builder will prepare a price estimate range for the recommended project with the PDR.

Based on the proposed scope, project funding sources will be identified by the Design/Builder, including but not limited to the:
• Grants
• Loans
The project scope may be partially funded through energy and operational savings or Grants, if available.

Otherwise, the Public Agency will allocate capital dollars for the final project development and turnkey fixed - price development.

Scoping Meeting
After the Phase 1 design efforts, the Public Agency and Design/Builder will meet for a Scoping Meeting. The intent of the Scoping Meeting is to lay out all possible scopes of work, coordination considerations, and feasibility-level costs. The desired outcome of the meeting is for:
• Public Agency to have a clear understanding of the scope of work. • Alignment of design and operational assumptions made during this step and their impact on the project.

The Public Agency will have three weeks to review Phase 1 deliverables.

Phase 2 Deliverables
The scope of services for Phase 2 will focus on developing the proposed improvements selected by the Public Agency to proceed with from Phase 1. Any additional scope to be developed must be by mutual agreement between the Public Agency and the Design/Builder and may necessitate a fee adjustment.

ITEM 22
Exhibits to Design and Construction Agreement
The site evaluations and data gathering conducted during Phase 1 will be used in developing the engineering documents during Phase 2. In Phase 2, engineering documents will be created to outline the basis of the design for each proposed improvement, and drawings will be produced. The engineering documents will be of a level of completeness to establish a budgetary approval level, based on an improved price estimate. 30 Percent Design
The design/Builder will review and confirm the project's standard details and specifications. The design/Builder’s preliminary construction plan will be evaluated to guide any design requirements. A communication and review protocol will be established between the Design/Builder and the Public Agency during engineering document development.

Drawings will be advanced to an outline stage of completion to show the project's general concepts and help provide sufficient information for an associated price estimate range. • Process: plant process flow diagrams, hydraulic profile, 30 percent P&IDs (focus on piping and equipment, less emphasis on instrumentation), draft design criteria, preliminary equipment layout, and budgetary quotes for the following equipment: pumps, mecha nical screens, AGS, filters, UV equipment. Major equipment data sheets will be created for Design/Builder solicitation of bids from vendors and/or manufacturers. Up to two manufacturers will be requested to provide budgetary quotes for any major equipment unit.
• Civil: site layout showing all major structures, major demolition, process yard piping, and preliminary grading plans.
• Structural: The structural design criteria and foundation plans of tanks and building structures will be based on the geotechnical investigation performed during this phase —see the Survey and Geotech section below.
• Mechanical: layouts of all process areas, including new processes and modifications to existing processes.
• Electrical: site plan, single line diagrams, and load list. • QA/QC: The design/builder will track all public agency comments and the design/builder's responses to the 30 percent design.

Survey and Geotech
Design/Builder shall perform the specialty work as described below:
• Survey: perform a site survey and create a one -foot contour interval topographic map for the civil design and hydraulic profile. The survey will include the entire plant. • Geotechnical Report : Geotechnical services will consist of (1) a Geotechnical Engineer (GE) site reconnaissance, (2) current project-specific foundation analyses, (3) developing updated site-specific seismic design coefficients in accordance with the 2022 California Building Code (CBC), and (4) preparing a geotechnical report. Confirmation of the footprint for proposed improvements will occur prior to the start of soil borings.

Permits
The Design/Builder will prepare a list of permits necessary for the construction of the selected improvements.

Preparation of permit applications is not part of this work unless otherwise specifically noted below . Permit application fees are not included by Design/Builder and are the responsibility of the Public Agency.

ITEM 22
Exhibits to Design and Construction Agreement
Design/Builder will provide recommendations regarding Air Quality Management District (AQMD) impacts and permitting viability, as well as determine the permit application schedule, requirements, and potential up-front and ongoing costs.

Design/Builder will prepare the Report of Waste Discharge (ROWD) application for a new National Pollutant Discharge Elimination System (NPDES) permit, which includes the following:

• State Water Resources Control Board Form 200

• EPA Form 1

• EPA Form 2A

• EPA Form 2S

• ROWD Cover Letter

The Design/Builder will complete the forms identified above and submit them to the public agency for review of accuracy and completeness. After discussing any review comments with the Public Agency and incorporating revisions as appropriate, the Design/Builder will produce the final forms. Due to possible unforeseen permitting requirements and water rights permitting and negotiations, the Public Agency agrees that water right valorization and associated planning, marketing, and legal assistance are not included in this Scope of work.

Construction Phasing and Price Estimate

The Design/Builder will prepare a price estimate and construction phasing description, taking into account and limiting itself to construction staging, storage, and identifying partial plant or process shutdowns, if required.

Typically, engineering designs in Phase 2 would include a minimum of process flow diagrams, utility flow diagrams, preliminary piping and instrumentation diagrams, layout drawings, and essentially complete engineered process and utility equipment lists.

Mid-Term Review Meeting

A public agency review of key deliverables will be conducted during a mid -term review meeting to gain stakeholder alignment on the project's scope and direction before continuing into Phase 3. This review will be critical to ensure all expectations are being met and key considerations are satisfied. This phase intends to establish the final scope that will be engineered during the Phase 3 design development.

The Public Agency will have three weeks to review Phase 2 deliverables.

Phase 3 Deliverables

Phase 3 will continue to refine the level of completeness of preliminary -level deliverables listed above from Phase 2. Drawings will continue to be produced. Any additional scope to be developed must be by mutual agreement between the Public Agency and the Design/Builder and may necessitate a fee adjustment. Phase 3 design documents will be produced). During Phase 3, subcontractors and vendors will be qualified.

60 Percent Design

Drawings, refined Equipment Data Sheets, and specifications will be included in the Phase 3 deliverables .

The level of completeness will be as typical for a 60 percent design package. Drawings will be advanced to a detailed stage of completion and provide sufficient information

ITEM 22
Exhibits to Design and Construction Agreement
• Process: Plant process flow diagram update, hydraulic profile update, percent P&IDs, final design criteria, equipment layout, and specifications for major equipment. • Civil: site layout, demolition plan, yard piping plans and profiles, horizontal controls, grading and paving plans, and ductbank profiles; includes Civil details; • Structural: foundation design, roof plans, sections, and structural details. • Mechanical: plans & sections, mechanical details;
• Electrical: Single line diagrams update, load list update, yard electrical plan, panel and luminaire schedules, conduit development, conduit and cabling schedules, electrical distribution gear sizing.

Electrical schematic control ladder logic diagrams. Electrical lighting and receptacle plans. • Instrumentation: Includes instrumentation drawings (excluding P&IDs) • QA/QC: The Design/Builder will track all Public Agency comments and the design/builder's responses to the 60 percent design.

Updated Construction Phasing and Cost Estimate
Design/Builder will prepare a final price estimate. Estimates are generally prepared to form a detailed control baseline against which all project work is monitored in terms of cost and progress control. Typically, project definition is from 30% to 70% complete and would comprise at a minimum of the following: process flow diagrams, utility flow diagrams, preliminary piping and instrumentation diagrams, final plot plan, final layout drawings, complete engineered process and utility equipment lists, single line diagrams for electrical, electrical equipment, and motor schedules, vendor quotations, detailed project execution plans, resourcing and workforce plans, etc.

Final Review Meeting
At the completion of Phase 3, a Final Review Meeting will be conducted. This review will be critical to ensure all expectations are being met and key considerations are satisfied. This phase is expected to produce the details necessary to provide scope, pricing, and savings (if applicable) for this project.

The Public Agency will have three weeks to review Phase 3 deliverables.

ITEM 22
Exhibits to Design and Construction Agreement
Exhibit B
Preliminary Schedule – Design Phase of the Project
The following is the preliminary schedule for the Design Phase of the Project. Once the design/builder has discussed development requirements and timing with the public agency, a firm development schedule will be developed and presented for acceptance by the Agency. The schedule below is preliminary and subject to change.

Item Target Schedule
The Public Agency approves the selection of the Design/Builder and moves forward with the Project at regularly scheduled Council Meetings. 6/24/2024 Public Agency signs Agreement for Turnkey Design and Construction Energy Services authorizing Design/Builder to proceed with design services 7/01/2024 The Public Agency provides the Designer/Builder with complete utility information, as-built drawings, plant operating data, etc. July 2024 Design/Builder and Public Agency conduct Phase 1 Kick-Off Meeting August 2024 Design/Builder Prepares Selected Grant Application for Submission October/ November 2024
Design/Builder and Public Agency conduct Phase 1 Scoping Meeting December 2024 Design/Builder and Public Agency conduct Phase 2 Kick-Off Meeting January 2025 Design/Builder and Public Agency conduct Phase 2 Mid-Term Review Meeting June 2025 Design/Builder and Public Agency conduct Phase 3 Kick-Off Meeting July 2025 Design/Builder and Public Agency conduct Phase 3 Final Review Meeting December 2025 Public Agency and Design/Builder complete negotiations of the construction services scope and pricing for the Construction Amendment and iron out all details for the Council package.

January 2026
Public Agency posts public notice 2 weeks prior to Council Meeting of approval going forward with the Construction Phase. January 2026 The Public Agency approves a resolution authorizing the construction amendment at the regularly scheduled board meeting. January 2026 Construction Amendment is executed and serves as NTP, allowing the Design/Builder to proceed with the Construction Work. February 2025 The final Design and Construction kick-off meeting is held to prepare for the Construction Phase. March 2026
ITEM 22
Exhibits to Design and Construction Agreement

EXHIBIT C
Design Fee
The “Design Fee” shall be $2,800,000
ITEM 22
{CW135600.1}

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Jam
es Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 24, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Lea C. Simvoulakis, Community Development Director [email protected], (209) 538-5778
SUBJECT: Resolut ion No. 2024-XXX, Authorizing the Annexation of 3605 9th Street (APN: 127-025-009) into the Community Facilities District No. 3, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors
Resolution No. 2024- XXX, D eclaring the Results of a Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the First
Amendment to Notice of Special Tax Lien
Ordinance No. 2024- XXXX, An Ordinance of the City Council of the City of Ceres Introducing and Waiving the First Reading of Authorizing the L evy of a Special Tax in C ommunity Facilities District No. 3 Including Annexation No. 1
RECOMMENDED COUNCIL ACTION:

Staf
f recommends that the City Council take the following actions:

1. Hold t
he Public Hearing related to the Annexation of 3605 9th Street (APN: 127-025-009) into CFD No. 3;

2. Adopt
Resolution No. 2024-XXX, Authorizing the Annexation of 3605 9th Street (APN:
127-025-009) into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors;

3. Call upon t
he City Clerk to conduct the Special Election;

4. Adopt Res
olution No. 24-XXX, Declaring the Results of a Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the First Amendment to Notice of Special Tax Lien; and
ITEM 23
{CW135600.1}

5. I ntroduce and waive the first reading of Ordinance No. 2024-XXXX, authorizing the levy of Special Taxes within CFD NO. 3, including Annexation No. 1.

I. BACKGROUND:

Property owner Jorge Hernandez has submitted a petition to annex into Community Facilities District (CFD) No. 3 (Public Services) in connection with the subdivision of his property at 3605 9th Street (APN: 127-025-009). The property is expected to develop into two residential lots. On May 13, 2024, the City Council adopted a resolution declaring its intention to annex the territory into CFD No. 3, and such resolution set the Public Hearing on the matter for June 24, 2024. The City will need to conduct a special landowner election immediately following the Public Hearing.

II. REA SONS FOR RECOMMENDATIO N:

The City Council previously identified the need for a financing mechanism for maintenance and services on improvements related to new development within the City.

In response, the City Council formed CFD No. 3 (Publ ic Services) (the "CFD") and approved the levy of special taxes therein. The CFD provides funding for services including, but not limited to, the provision of police protection services, fire prevention and suppression services, ambulance and paramedic services, maintenance and repair of parks, parkways and open spaces, and appurtenances related thereto (the "Services").

The Rate and Method of Apportionment ("RMA") of the CFD defines the types of property that may be levied a special tax. The City levies taxes on eligible parcels within the CFD to mitigate the added cost of providing the Services to new development. After conducting the election and canvassing the results, also included with this item is the ordinance authorizing the levy of special taxes on the properties within CFD No. 3 for Fiscal Year 2024-25, including the annexed property.

III. F
ISCAL IMPACTS:

The annexation of territory into the CFD will assist in mitigating the cost of providing the Services. In Fiscal Year 2024/25, it is anticipated that the maximum special tax revenue would be $2,402 based upon full project buildout (two residential dwelling units).

IV. EXI
STING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

N/A
V. PO LICY ALTERNATIVES:

N/A
VI. I
NTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBL IC PARTICIPATION:

ITEM 23
{CW135600.1}
The Resolution of Intention set the Public Hearing date for June 24, 2024, during a regularly scheduled meeting of the City Council. The City Clerk has caused notice of the Public Hearing to be given by publication one time in a newspaper published in the area of the CFD. The publication of said notice was completed at least seven days before the date herein set for said hearing. A ballot has been mailed to the property owner(s) within the annexation territory to vote for or against the annexation.

VIII
. ENVIRONMENTAL REVIEW:

The project is exempt from CEQA.

IX. ST EPS FOLLOWING APPROVAL :

The City Clerk shall record with the County Recorder an amendment to the Notice of Special Tax Lien for CFD No. 3 within 15 days of the special landowner election, or by July 9, 2024.

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution Annexing Property w/Exhibit A Official Ballot

2. Attachment B – Resolution Declaring Results w/Exhibit A Results

3. Attachment C – Ordinance for Annexation

4. Attachment D – Public Hearing Notice

ITEM 23
ITEM 23

ATTACHMENT A
RESOLUTION NO. 2024-XXX
AUTHORIZING THE ANNEXATION OF 3605 9th STREET (APN 127- 025-009) INTO COMMUNITY FACILITIES DISTRICT NO. 3,

AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING

THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS

THE CITY COUNCIL
City of Ceres

COMMUNITY FACILITIES DISTRICT NO. 3
(PUBLIC SERVICES)

ANNEXATION NO. 1
WHEREAS, under the Mello- Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the City Council of the City of Ceres (the “ City”) previously conducted proceedings to establish the City of Ceres C ommunity Facilities District No. 3 ( Public Services) (the “District”); and
WHEREAS, this City Council on May 13, 2024, adopted its Resolution No. 2024- 58 entitled “A Resolution of the City Council of the City of Ceres , State of California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) stating its intention to annex the territory to the District pursuant to the Act; and WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District and stating the services to be funded by the District and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on the date hereof, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and
WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and
WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of territory to the District by (i) any registered voter ITEM 23

ATTACHMENT A
residing in the existing District, or (ii) any registered voter residing in the territory proposed to be annexed to the District, or (iii) any of the owners of land in the existing District, or (iv) any of the owners of land in the territory proposed to be annexed to the District; and WHEREAS, Annexation Map No. 1 to the District has been filed with the County Recorder of the County of Stanislaus , which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the City Clerk.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres, does hereby find as follows:

1. The foregoing recitals are true and correct.

2. All prior proceedings taken by this City Council with respect to the District and the proposed first annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act.

3. The boundaries of the territory to be annexed to the District, as set forth in the map entitled “Annexation Map No. 1 of City of Ceres Community Facilities District No. 3 (Public Services)“ on file with the City Clerk and heretofore recorded in the Stanislaus County Recorder’s Office on May 21, 2024, in Book 7 at Page 22 of Maps of Assessment and as Document No. 2024-0023265 and Community Facilities Districts are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

4. The provisions of the Resolution of Intention are, by this reference incorporated herein, as if fully set forth herein.

5. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefor as hereinafter provided.

6. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this City Council for the purposes of these annexation proceedings .

Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that the qualified electors for purposes of the annexation election are the landowners within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District.

ITEM 23

ATTACHMENT A

7. This City Council hereby calls a special election to consider the measure described in Section 5 above, which election shall be held in the meeting room of the City Council immediately following adoption of this Resolution. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed to the District, and a sufficient description to allow the City Clerk to determine the boundaries of the territory to be annexed to the District.

8. The voted ballot s shall be returned to the City Clerk no later than immediately following the adoption of this Resolution; and when the qualified elector s have voted the election shall be closed.

9. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to the California Elections Code.

10. This City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of the District a ballot in the form set forth in Exhibit A hereto. The ballot indicated the number of votes to be voted by each landowner.

11. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following:
(a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.

12. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

13. The City Clerk shall accept the ballot of the qualified elector s in the City of Ceres City Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The City Clerk shall have ballots available which may be marked by the qualified electors at said location on the election day.

14. This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District. The ballots to be executed by the qualified electors of the area to be annexed to the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that, ITEM 23

ATTACHMENT A
to the extent that the qualified elector submits its ballot, the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments and will have thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election.

15. This Resolution shall take effect upon its adoption.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of June, 2024 by the following vote.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk
ITEM 23

ATTACHMENT A

EXHIBIT A

CITY OF CERES
COMMUNITY FACILITIES DISTRICT NO. 3
(PUBLIC SERVICES)
ANNEXATION NO. 1

OFFICIAL BALLOT

SPECIAL TAX ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Ceres no later than the hour of 6:00 p.m. on Monday, June 24, 2024, either by mail or in person. The City Clerk’s office is located at 2220 Magnolia Street, Ceres, California.

To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Ceres and obtain another.

The estimated maximum amount of money raised annually by this measure is expected to be $2,402, in 2024/25 special tax rates, upon full build out of the territory to be annexed to the District , based on the rate and duration of the special tax and subject to the tax escalation factor, as set forth in the rate and method of apportionment of special taxes for the District.

BALLOT MEASURE : Shall the City of Ceres, by and for its Community Facilities District No. 3 ( Public Services) (the “District”), be authorized to levy special taxes within the territory annexed to the District pursuant to and as described in the Resolution of Intention to Annex Territory, adopted by the City Council of the City of Ceres on May 13, 2024?
Yes: __________
No: __________
By execution in the space provided below, you also confirm your written waiver of any time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.

Number of Votes: 1

Property Owner: ______________________

By:

ITEM 23
ITEM 23

ATTACHMENT B
RESOLUTION NO. 2024-XX

DECLARING THE RESULTS OF A SPECIAL ANNEXATION

LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR

PROCEEDINGS, AND DIRECTING THE RECORDING OF THE FIRST

AMENDMENT TO NOTICE OF SPECIAL TAX LIEN

THE CITY COUNCIL
City of Ceres

COMMUNITY FACILITIES DISTRICT NO. 3
(PUBLIC SERVICES)
ANNEXATION NO. 1
WHEREAS, under the Mello- Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the City Council of the City of Ceres (the “ City”) previously conducted proceedings to establish the City of Ceres C ommunity Facilities District No. 3 ( Public Services) (the “District”); and
WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this City Council has adopted a Resolution entitled “A Resolution of the City Council of the City of Ceres , State of California, Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors” (the “Resolution of Annexation”), which called for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the District; and
WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into the District.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does herby find as follows:

1. The foregoing recitals are true and correct.

2. The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this City Council, all as described in Resolution No. 2024- 58, ITEM 23

ATTACHMENT B
entitled “A Resolution of the City Council of the City of Ceres, State of California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” adopted by this City Council on May 13, 2024.

3. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowner s of the territory annexed to the District by more than two-thirds (2/3) of the votes cast at the special election.

4. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the District and this City Council may levy special taxes therein as heretofore provided in these proceedings.

5. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District and the territory annexed thereto were valid and in conformity with the Act.

6. Within 15 days of the date of adoption hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Stanislaus, a First Amendment to Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code.

7. This Resolution shall take effect upon its adoption.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of June 2024 by the following vote.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 23

ATTACHMENT B

EXHIBIT A

CITY OF CERES
COMMUNITY FACILITIES DISTRICT NO. 3
(PUBLIC SERVICES)
ANNEXATION NO. 1

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on June 24, 2024 , I canvassed the returns of the election held on June 24,2024, in the City of Ceres Community Facilities District No. 3 (Public Services), Annexation No. 1 of the City of Ceres and the total number of ballots cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of Ceres
Community Facilities District No. 3
(Public Services), Annexation No. 1
Special Tax Election, June 24, 2024 ______ _____ _____ _____

By:

City Clerk
City of Ceres
ITEM 23
ITEM 23

ATTACHMENT C
ORDINANCE NO. 2024-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES

INTRODUCING AND WAIVING THE FIRST READING OF

AUTHORIZING AND LEVYING OF SPECIAL TAXES IN
COMMUNITY FACILITIES DISTRICT NO. 3, INCLUDING
ANNEXATION NO.1

CITY OF CERES
COMMUNITY FACILITIES DISTRICT NO. 3

(PUBLIC SERVICES)
ANNEXATION NO. 1
WHEREAS, the City of Ceres (the “City”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) to establish the City of Ceres Community Facilities District No. 3 ( Public Services) (the “ District”) for the purpose of financing the costs of the certain public services and maintenance, and related appurtenances (the “Services) as provided in the Act; and WHEREAS, the rate and method of apportionment of special tax for the District (the “Rate and Method”) is set forth in City Council Resolution 2006-220 entitled “A Resolution of the City Council of the City of Ceres of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982” (the “Resolution of Intention”), which was adopted on December 11, 2006; and
WHEREAS, the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the City Council, on June 24, 2024, adopted a Resolution entitled “A Resolution of the City Council of the City of Ceres, State of California, Declaring the Results of Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the First Amendment to Notice of Special Tax Lien.”

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

1. The foregoing recitals are true and correct.

2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in fiscal year 2006-07 pursuant to Ordinance No. 2007-970 passed and adopted by the City Council on January 22, 2007, and the special tax is hereby levied ITEM 23

ATTACHMENT C
commencing in fiscal year 2024-25 in the District, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District.

3. The City’s Finance Director, designee, employee, or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation.

4. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act . In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation.

5. All of the collections of the special tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax.

6. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the audi tor/tax collector of the County of Stanislaus in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Stanislaus for fiscal year 2024-25 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

7. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District , including the Annexation Territory, by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District , including the Annexation Territory, shall not be affected.

8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation for the City.

9. This Ordinance takes effect upon its adoption.

ITEM 23

ATTACHMENT C
This Ordinance was introduced at a regular meeting of the City Council held on the 24th day of June 2024, and passed and adopted as Ordinance No. 2024-XXXX at a regular meeting of City Council held on the 8th of July 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_________________________________
Javier Lopez, Mayor
ATTEST:

_______________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney

ITEM 23
ITEM 23

ATTACHMENT D

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing on Monday, June 24, 2024, at 6:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 2701 Fourth Street, Ceres, California, to consider the following:

CITY OF CERES
COMMUNITY FACILITIES DISTRICT 3
(PUBLIC SERVICES)
ANNEXATION NO. 1

On May 13, 2024, the City Council, as the legislative body for the District, adopted a resolution entitled “A Resolution of the City Council of the City of Ceres, California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”). Pursuant to the Resolution of Intention, the City Council determined that the public convenience and necessity require that certain territory, as more particularly described in the Resolution of Intention, be annexed to the existing District, all as provided in the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code) (the “Act”). Reference is hereby made to the Resolution of Intention, on file with the City Clerk of the City for further particulars. The following is a summary of the provisions of the Resolution of Intention.

In the Resolution of Intention, the City Council declared its intention to annex territory into Community Facilities District No. 3 (Public Services) (the “District”). The area proposed to be annexed to the District is as shown on Annexation Map No. 1, on file with the City Clerk, and identified in Exhibit A of the Resolution of Intention. The District shall fund the provision of police protection services, fire prevention and suppression services, ambulance and paramedic services, maintenance and repair of parks, parkways and open spaces, and appurtenances related thereto. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the District and the territory proposed to be annexed to the District. The Resolution of Intention provides that the special taxes heretofore caused to be levied in the District shall be levied in the territory proposed to be annexed, subject to public hearing and owner consent proceedings as specified in the Act.

At the public hearing the testimony of all interested persons for and against the annexation of said territory to the District or the levying of special taxes within the territory proposed to be annexed will be heard. Any person interested may file a protest in writing with the City Clerk.
/s/ Fallon Martin, City Clerk
Date Notice Published: June 12, 2024
ITEM 23
ITEM 23

Ceres City CouncilJune 24, 2024

Ceres City Council
June 24, 2024