Agenda — Ceres City Council, July 22, 2024 (part 1 of 2)

AGENDA
AMENDMENT #1
Dated: July 18, 2024

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, July 22, 2024 at 6:00 p.m.

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

CALL TO ORDER

Mayor Lopez

ROLL CALL

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

Martinez (District 4)

INVOCATION

Invocation by Tim Giannosa, Big Valley Grace Community Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/88175335594?pwd=bfkbBfteLWJcsp7g5fd0Yo2rVVy2Lr.1

Webinar ID: 881 7533 5594 ; Passcode: 786831; or Dial: (669) 900-6833

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

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

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

AGENDA
Regular City Council Meeting
July 22, 2024

Page 2 ends

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. National Health Center Week Proclamation

B. Service Award for Jon Frederick, Information Technology Manager

C. Bertolotti Franchise Agreement Overview

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

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

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

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

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

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

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

3. Approval of Minutes for the July 8, 2024 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated July 3 , 2024 through July 10, 2024. (Esenwein)

AGENDA
Regular City Council Meeting
July 22, 2024

Page 3 ends

5. General Correspondence – Information Only
a. Redevelopment & Economic Development Report for April – June 2024 (Aguirre)
b. Public Works Monthly Report for June 2024 (Royal)

6. Resolution No. 2024-XXX, Approving the Elimination of Two (2) Vacant Assistant/Associate Engineer Positions and Adding One (1) Senior Civil Engineer Position. (Beltran)

7. Resolution No. 2024-XXX, Awarding the Construction Contract for Whitmore Park Gazebo Project to Sinclair General Engineering Construction Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract . (Beltran)

8. Resolution No. 2024-XXX, Declaring City-Owned Parcel 127-002-047 as Exempt Surplus Land Pursuant to Government Code Section 54221(f)(B) of the Surplus Land Act and Authorizing the City Manager to Conduct Negotiations for the Disposition of the Exempt Surplus Parcel. (Simvoulakis)

9. Resolution No. 202 4-XXX, Approving a Letter of Support from the Ceres City Council to Present to San Joaquin Regional Rail Commission for the Transit and Intercity Rail Capital Program (TIRCP) Grant. (City Manager)

10. Waiver of Second Reading and Adoption of Ordinance No. 2024- XXXX, An Ordinance of the City Council of the City of Ceres Amending 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 Hearing on July 22, 2024, for a Second Reading and Adoption of the Ordinance. (Simvoulakis)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

AGENDA
Regular City Council Meeting
July 22, 2024

Page 4 ends

11. Ordinance No. 2024-XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 5, Chapter 18 Garage Sales of the City of Ceres Municipal Code to Increase the Number of Garage Sale Events to Three Per Year and to Limit the Number of Sale Days to Three Per Garage Sale Event. (Simvoulakis)

12. Ordinance No. 2024-XXXX, An Ordinance of the City Council of the City of Ceres Adding Chapter 25, Murals, of Title 5, Business Licenses and Regulations, to the Ceres Municipal Code R egarding Murals, their L ocation, and Design. ( City Manager)

NEW BUSINESS

None

DISCUSSION ITEMS

13. Amending the Bertolotti Franchise Agreement Related to the Leaf & Limb Program. (Councilmember Martinez)

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

14. Reallocating American Rescue Plan Act Funds from Costa Field Upgrades to Public Safety Retention.
(Requested by Mayor Lopez)

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

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

CLOSED SESSION

15. Conference with Real Property Negotiations, Cal Gov’t Code §54956.8 Property: 0 Arthur Way (APN: 127-002-047)
Agency Negotiator: City Manager, Douglas D. Dunford and City Attorney, Nubia I.

Goldstein
Negotiating Parties: Pedro Orozco (Buyer) and Laura Diarte (Real Estate Agent) Under Negotiations: Price and/or terms of payment
AGENDA
Regular City Council Meeting
July 22, 2024

Page 5 ends

16. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Laborers’ International Union of North America (LiUNA!)

REPORT FROM CLOSED SESSION

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

Council Agenda:

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

Related Materials:

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

Notice regarding Americans with Disabilities Act:

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

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, July 17, 2024, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

RECOGNIZING AUGUST 4 - 10, 2024

AS NATIONAL HEALTH CENTER WEEK
WHEREAS, every August National Health Center Week (NHCW) is celebrated in an effort to increase awareness of America’s 1,400 Community Health Centers; and
WHEREAS, NHCW provides an opportunity to highlight the commitment and passion of Community Heath Center staff, board members, and suppo rters who make it possible to provide quality, comprehensive healthcare services to more than 31.5 million patients across nearlty 15,000 communities; and WHEREAS, the 2024 theme of NHCW is “Powering Communities through Caring Connections”; and
WHEREAS, this theme was chosen in an effort to focus on empowering communities by connecting them with health centers and elected officials from all levels of government; and
WHEREAS, Community Health Centers serve as a beacon of strength, service, and care in their communities; and
WHEREAS, they offer support and compassion in moments of pain and loss, as well as hope and a vision for the future in moments of triumph.

NOW, THEREFORE, BE IT RESOLVED I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey , Rosalinda L. Vierra, and Daniel A. Martinez , do hereby proclaim August 4 – 10, 2024 as National Health Center Week.

Proclaimed this 22nd day of July 2024
___________________________
Javier Lopez, Mayor
ITEM A
ITEM A
Franchise
Agreement &
Services Review
ITEM B
Exclusive Franchise Hauler
▪ Exclusivity
▪ Contract term- 8 years (beginning August 2021),
every other year from inception an additional 2
years is added to the term unless either party
notifies in writing its intention to not extend.
▪ Cost of Services- 10.5% of gross revenues
(quarterly) plus 1/3 of the City’s total cost for
billing services (annually).
7/22/2024 2
ITEM B
Materials Disposal/Processing
Waste/Garbage (black cart)
➢ Currently a portion of
the solid waste collected
is taken to the Covanta
Waste-to-Energy (WTE)
Facility. The remaining is
delivered to the
Stanislaus County
landfill.

Recycling (blue cart)
➢ Recyclables are
processed at Stockton
Recycling
Organics (green cart)
+ Organics and Green
Waste are initially
screened at Bertolotti
Transfer Station and
then taken to either City
of Modesto Compost
Facility or California Soils
in Vernalis for compost
processing.
3 ITEM B
Provided Services
▪ Collection, transport, and disposal/transfer of all solid waste, recyclables, and organic material for City of Ceres customers: Business/Commercial, Residential, Multi-family, City Facilities/Buildings, Educational Institutions, Construction & Demolition Waste, etc. ▪ City Sponsored Events and Clean-up Projects: Ceres Street Faire, Christmas Tree Lane, Concerts in the Park, Community Center (City hosted) events, Love Ceres, Ceres Free Disposal Day, etc.
▪ Acceptance of City Waste at Transfer Station- Waste
collected by City Staff, i.e. Code Enforcement, Public Works (street sweeping) illegal disposal sites.
▪ Bulky Item Pick-Up for Single Family Residential
Customers- Two (2) times per year/customer, scheduled and facilitated directly through Bertolotti.
▪ Construction & Demolition Waste Collection and
Recycling Services
4 ITEM B
Provided Services
▪ Collection of illegal disposal debris: Once per week removal of City identified illegal disposal sites.
▪ Residential Curbside Used Oil and Filter Collection
▪ Seasonal Leaf & Limb Collection for Residential (single family) households:
▪ In 2020, Council approved the program change from year-round to seasonal due to the addition of the 90-gallon organic/green waste weekly collection service for residential customers. The seasonal collection runs from October 1st to January 9th annually. Further reasoning was based on the cost-savings that helped to off-set the expense of the organics cart collection and recycling services, helping to reduce the rate increase that was implemented at the time.
▪ Leaf & Limb piles placed in the street during off-season months is considered illegal disposal. To enforce compliance with the program parameters, a violation and penalty structure was incorporated into the Municipal Code establishing penalty fines and enforcement process.
▪ Education and Outreach efforts to inform residents of the program change included; information in the recycling guide, landscape signs throughout the city, flyers in the utility billing, newspaper articles, door-to-door personal contact, website, social media posts (FB & Instagram)
5 ITEM B
Services Not Provided (residential and commercial collection) Hazardous Waste Collection
➢ Paints, solvents, pesticides, gasoline, pool chemicals, etc. ➢ E-waste- computers, microwaves, appliances, etc.
➢ Universal Waste- fluorescent light bulbs, batteries
➢ Medical Waste: syringes, prescription medications
6 ITEM B
Questions?
7 ITEM B
ITEM B
DRAF

T MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, July 8, 2024 at 6:00 p.m.

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

CALL TO ORDER
Ma
yor Lopez called the July 8, 2024 meeting to order at 6:00 p.m.

ROLL CALL – Present:

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

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

INVOCATION
Invocation by David Broyles, Bethel Tabernacle Church.

PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS
P
olice Chief, Chris Perry, and Fire Chief, Kevin Wise, provided a report regarding the 4 th of July holiday.

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
G
ene Yeakley spoke regarding the 4th of July holiday and the collection of administrative citation fines.

J
osh Lepper spoke regarding Miscellaneous Bargaining Unit.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 8, 2024

Page 2 ends

APPOINTMENTS TO BOARDS/COMMISSIONS

N
one

CONFLICT OF INTEREST DECLARATION

N
one

CONSENT CALENDAR

1. C
lerks Report of Posting. The agenda of the July 8, 2024 City Council Meeting was Posted on Tuesday, July 2, 2024. (City Clerk)

3. Approval of Minutes for the June 24, 2024 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated June 20, 2024 through June 27, 2024. (Esenwein)

5. Removed for separate consideration.

6. Removed for separate consideration.

7. Removed for separate consideration.

8. Removed for separate consideration.

9. Removed for separate consideration.

10. R
emoved for separate consideration.

11. Resolution No. 2024 -91, Ratifying the Application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership Grant to Reimburse up to Fifty Percent (50%) of the Purchase Cost of Ballistic Vests for the Police Department. (Perry)

12. Removed for separate consideration.

13. Removed for separate consideration.

14. Removed for separate consideration.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 8, 2024

Page 3 ends

15. Resolution No. 2024 -96, Approving a Memorandum of Understanding with the Stanislaus County Area Agency on Aging for the S enior Lunch Program and Authorizing the City Manager to Execute the Memorandum of Understanding. (Chavez)

16. Resolution No. 2024-97, Approving a Memorandum of Understanding with the Stanislaus County Area Agency on Aging for the S enior Special Events and Authorizing the City Manager to Execute the Memorandum of Understanding. (Chavez)

17. Resolution No. 2024-98, Authorizing the City Manager to Enter into an Amended Memorandum of Understanding with the Stanislaus Council of Governments for the Third and Final Suballocation of the Regional Early Action Planning Grant and Approving a Budget Amendment. (Simvoulakis)

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving items 1-4, 11 , and 15-17. Motion carried 5/0/0/0 by the following roll call vote:

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 5:

Removed for separate consideration by Mayor Lopez, Councilmember Martinez, and Ceres resident, John Warren

Resolution No. 2024 -85, Approving the Updated Use of the Range Revenue Funds Received from the Rental of the Ceres Police Range. (Perry)

Mayor Lopez spoke regarding the account balance.

John Warren spoke regarding improvements, training, and maintenance at the range.

Councilmember Martinez spoke regarding the rental fee for outside agencies and when the fees were established.

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

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 8, 2024

Page 4 ends

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes No
Item 6: Removed for separate consideration by Mayor Lopez Resolution No. 2024 -86, Approving the Construction Contract for the Richland Sanitary Sewer Replacement Project (New Project String) to Rolfe Construction Inc., Authorizing a 10% Contingency, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Beltran) Mayor
Lopez spoke regarding the funding for the project.

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

Acti
on: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 6. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
Item 7: Removed for separate consideration by Mayor Lopez Resolution No. 2024-87, Approving the Construction Contract for Central Avenue Storm Drain Repair to Rolfe Construction Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Beltran) Mayor
Lopez spoke regarding this during item 6.

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

Acti
on: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 7. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 8, 2024

Page 5 ends

Items 8: Removed for separate consideration by Mayor Lopez Resolution No. 2024 -88, Approving Project Agreement #3 to the Master Agreement for Professional Consultant Services for Non- Federal Project with Engeo Incorporated for Construction Observation, Materials Testing, and Inspection Services of the Richland Sanitary Sewer Replacement Project, and Authorizing the City Manager to Execute the Contract. (Beltran) Mayor
Lopez spoke regarding this item during item 6.

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

Acti
on: Motion by Councilmember Martinez , seconded by
Councilmember Vierra, approving item 8. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
Items 9: Removed for separate consideration by Councilmember Vierra Resolution No. 2024 -89, Approving a Contract Extension with JJACPA, Inc. to Perform the Annual Audit of the City of Ceres and i ts Component Units for Fiscal Year Ending June 30, 2023 and June 30, 2024. (Esenwein) Counci
lmember Vierra spoke regarding auditing compliance.

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

Counci
l and staff discussion included best practices, the Sarbanes-Oxley Act, using the same auditor, and next steps if the item was not approved.

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

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes No No Yes Yes
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 8, 2024

Page 6 ends

Items 10: Removed for separate consideration by Councilmember Vierra Res
olution No. 2024-90, Approving a Budget Amendment to Allocate Funds from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Allocation Fund for the Purchase of an Infrared Sauna, ColdTub and Accessories for Officer Wellness. (Perry)
Counci
lmember Vierra spoke regarding placement location, liability, chemical cost, and sanitation.

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

John War
ren spoke regarding the maintenance and monitoring of the water chemistry.

Counci
l and staff discussion included location of the units, safety implementation for slip hazards, outfit of the room the units will be stored within, cleaning schedule, and where the units are being purchased from.

Acti
on: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 10. Motion carried 4/1/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes Yes
Items 12: Removed for separate consideration by Mayor Lopez Res
olution No. 2024 -92, Ratifying the Application for the California Attorney General Tobacco Grant Program. (Perry)
Mayor
Lopez spoke in favor of the grant.

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

Counci
lmember Martinez spoke regarding a p ast meeting with staff where they discussed ways to enforce the flavored tobacco ban.

Acti
on: Motion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving item 12 . Motion carried 5/0 /0/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 8, 2024

Page 7 ends

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
Items 13: Removed for separate consideration by Mayor Lopez Res
olution No. 2024 -93, Ratifying the Application for the U.S. Department of Justice School Violence Prevention Program Grant. (Perry) Mayor
Lopez spoke in favor of the grant.

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

Acti
on: Motion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving item 13 . Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
Items 14: Removed for separate consideration by Councilmember Martinez and Ceres Resident, John Warren
A) Res
olution No. 2024 -94, Approving a Professional Services Agreement with VIP Audio Visual Company to Perform Audio Visual Upgrades to the Council Chambers, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (City Clerk)
B) Re
solution No. 2024-95, Authorizing the Use of the American Rescue Plan Act Funds to Complete Audio Visual Equipment Upgrades for the City Council Chambers. (City Clerk)
John W
arren spoke regarding the functionality of the existing audio-visual setup in the Council Chambers and the company that maintains the equipment.

Counci
lmember Martinez spoke regarding the company who will be performing the upgrades, rechargeable microphones, and the push-to-talk system.

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

Counci
l and staff discussion included difficulty hearing during the meetings.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 8, 2024

Page 8 ends

Acti
on: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 14. Motion carried 4/1/0/0 by the following roll call vote:

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

NEW BUSINESS
None

UNFINISHED BUSINESS
None

PUBLIC HEARING
None

DISCUSSION ITEMS
None

COUNCILMEMBER REFERRALS
Devel
oping a policy regarding event notification to all councilmembers. (Requested by Councilmember Vierra)
Devel
oping a citizen advisory committee with councilmembers and school board members to get more involvement in various sporting events.
(Requested by Councilmember Martinez)
Follo
w-up on a previous referral regarding amending the Leaf & Limb Program in the Bertolotti Franchise Agreement.
(Requested by Councilmember Martinez)

REPORTS
• Mayor
Mayor
Lopez spoke regarding Whitmore Mansion tour, Central Valley High School’s fireworks booth, San Jose Earthquakes 50 th anniversary, military banner program, American Legion Hall grant program, public safety promotions, Law Enforcement Torch Run, Skies the Limit video, Concerts in the Park, fourth of July festivities, and Ceres Blaze baseball team.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 8, 2024

Page 9 ends

• City Co
uncil
Counci
lmember Vierra spoke regarding the homeless alliance committee, affordable housing, Tuscany Village, job fair on July 11 th, San Jose Earthquakes soccer game, Concerts in the Park, dog vaccination, licensing, and microchip clinic, SMBU 4th of July events, and Town Hall meeting on July 10th.

Counci
lmember Martinez spoke regarding Concerts in the Park.

Vice
Mayor Silveira spoke regarding the Roger’s Run.
• City Manager
Nothing to report.
• City Attorney
Nothing to report.
• Departments
Economic Development/Redevelopment Manager, Julian Aguirre, spoke regarding the job fair on July 11th.
• County Supervisor
Nothing to report.

CLOSED SESSION

18. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Laborers’ International Union of North America (LiUNA!)

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

20. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Ruben Juares
Agency Claimed Against: City of Ceres
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 8, 2024

Page 10 ends

REPORT FROM CLOSED SESSION
It
ems 18 and 19:
• Mayor Lopez reported that direction was given to staff.

It
em 20:
• The liability claim was denied with a 5/0/0/0 vote.

ADJOURNMENT
The next scheduled City Council Meeting will be held on July 22, 2024, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Ther
e being no further business, Mayor Lopez adjourned the meeting at 7:38 p.m. ______
________________________
Javier Lopez, Mayor
______
________________________
Fallon Martin, City Clerk
Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.

ITEM 3

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 22, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5765
SUBJECT: Register of Audited Demand(s) Dated July 3, 2024 through July 10, 2024
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated July 03, 2024, through July 10, 2024 covering obligations to be paid by general warrants # 130339 through #130414 in the amount of $1,278,415.12.

I. BACKGROUND:

In ac
cordance with Section 37202 of the Government Code of the State of California this is presented herewith a summary of demands against the City of Ceres covering obligations to be paid for the period ending July 10, 2024.

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

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

II. REASONS FOR RECOMMENDATION:

The Finance Department monitors payments of invoices for accountability, accuracy, and completeness. Budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval. This allows for invoices to be paid in a timely manner to establish goodwill with merchants and allows for discounts to be taken where applicable.

ITEM 4
III. FISCAL IMPACTS:

The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2023- 24 and FY 2024-25 budget. There is a $1,278,415.12 fiscal impact for the period of July 03, 2024 through July 10, 2024.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

N/A

Approved by: __________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachement A – Warrant Register July 3, 2024 through July 10, 2024

ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 1/1/24-5/31/25 MUSIC LICENSE FEES 439.83
Total: 439.83
130340 07/03/24 1178 ASCAP 500610617
FUEL LINE GROMMET FOR PARKS CHAINSAW. 11.77
Total: 11.77
130339 07/03/24 5391 AMAZON CAPITAL SERVICES, INC. 117F-Y4RP-69FY JUN 24 PHONE SVCS CALNET 4,338.20
Total: 4,338.20
130342 07/03/24 1185 AT&T JUN 24
6/7-7/6/24 FIRE ALARM SVCS - PHONE LINE 31.57
Total: 31.57
130341 07/03/24 1184 AT&T JUN 24
4/24-5/23/24 MODEMS FOR PD/FIRE VEHICLES 87.57
Total: 87.57
130344 07/03/24 1187 AT&T MOBILITY 992499580X06012024
JUN 24 PHONE SVCS - SHORETEL 4,863.60
Total: 4,863.60
130343 07/03/24 1186 AT&T JUN 24
Total: 300.00
130346 07/03/24 1573 CERES PRO TOW 46416 TOWED UNIT 10-112-21 POLICE FORD EXPLORER 25.00 SEXUAL ASSAULT TEST - 0224002689 150.00
E6600103767201 SEXUAL ASSAULT EXAM - 0224002718 150.00 130345 07/03/24 1560 CEP AMERICA CALIFORNIA E6600103731201 M.VIERRA: RIFLE MM & SNIPER TRAINING 4/22-26/24 860.00
20004618 N.WELSH: RIFLE MM & SNIPER TRAINING 4/22-26/24 860.00 Total: 25.00
130347 07/03/24 1640 CITY OF FRESNO 20004619 J.BLOUNT: RIFLE MM & SNIPER TRAINING 4/22-26/24 860.00 20004617 K.SAECHAO: RIFLE MM & SNIPER TRAINING 4/22-26/24 860.00 20004616
Total: 3,440.00
7/10/2024 2:17:52 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 619,189.63
130349 07/03/24 5795 CONDIT, GARY MATTHEW JUN 2024 JUN PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00 Total: 80.00
130348 07/03/24 1643 CITY OF MODESTO JUN 2024 JUN 24 FIRE PROTECTION PREVENTION 619,189.63 Total:

JUN PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00 Total: 80.00
130351 07/03/24 1818 DEL NERO, GARY JUN 2024
UNIFORM PURCHASE - LT. GODFREY - PER MOU 735.86
Total: 735.86
130350 07/03/24 1733 CRESCENT SUPPLY 423676
22400053 APR 24 MORGAN RD STORM DRAIN IMPROVEMENTS FY23/24 1,040.00 28683 22400084 FEB 24 SMYRNA PRK IMP PROJ AGRMNT#7 ENG/CONST SVCS 1,200.00 130353 07/03/24 2131 GDR ENGINEERING, INC. 28767
28721
28777
SHIPPING FEE FOR DISPATCH TESTING 5.97
Total: 5.97
130352 07/03/24 1985 FEDERAL EXPRESS 967564512
22400084 MAY 24 SMYRNA PRK IMP PROJ AGRMNT#7 ENG/CONST SVCS 24,363.44 Total: 76,633.57
22400084 MAR 24 SMYRNA PRK IMP PROJ AGRMNT#7 ENG/CONST SVCS 30,752.13 28770 22400084 APR 24 SMYRNA PRK IMP PROJ AGRMNT#7 ENG/CONST SVCS 19,278.00 JUN 24 WATER SAMPLE ANALYSIS W22 URANIUM 89.00
K4F1706 JUN 24 WATER SAMPLE ANALYSIS DIST 13 546.00
JUN 24 WATER SAMPLES ANALYSIS WQP 1,258.95
K4F1704 JUN 24 WATER SAMPLE ANALYSIS W39 & 40 NITRATE 42.80 130354 07/03/24 2134 GEOANALYTICAL LABORATORIES K4F1108 K4F1705
Total: 1,936.75
7/10/2024 2:17:52 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount Total:
130355 07/03/24 2225 GRAINGER 9105457494 SCREEN CLEANER WELLS 23.07 9161813051 WEED SPRAYER PUMP REPLACEMENT 251.40
SAMPLE FOR CL2 RISIDUEL 474.38
Total: 474.38
130357 07/03/24 3939 HD SUPPLY, INC INV00386846
274.47
130356 07/03/24 2246 GROVER LANDSCAPE SERVICES, INC 0327416 PALM TREE PRUNING 1,645.00 Total: 1,645.00
FINANCE CHARGE ON PALLET JACK 11.16
V110083595 REPLACEMNET PALLET JACK 536.46
130359 07/03/24 2463 J.M. EQUIPMENT CO, INC. SC80026898 PARKS OUTREACH BILLING INSERT 1,439.80
Total: 1,439.80
130358 07/03/24 2429 INFOSEND, INC. 264238
Total: 554.25
130361 07/03/24 2510 JOHNSON, DAVID J. JUN 2024 JUN PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00 Total:

Total: 547.62
130360 07/03/24 2466 JACKS AUTOMOTIVE 48080 ANNUAL EMISSIONS TESTING FOR 14 VEHICLES 554.25 TOILET REBATE @ 1001 CHANGASON 75.00
Total: 75.00
130363 07/03/24 1001 BRETT JOHNSON 184170050-117420

80.00 130362 07/03/24 2540 KACHEL, GUY ROBERT JUN 2024 JUN PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00 Total: 80.00
FUEL FOR PRISONER TRANSPORT TO FRESNO JAIL 47.00
Total: 47.00
130364 07/03/24 1001 CERES POLICE OFFICERS

ASSOCIATION
35659
7/10/2024 2:17:52 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount SMART IRR CONTROLLER REBATE @ 2120 COPPERWOOD 50.00
Total: 50.00
130365 07/03/24 1001 KAMLESH MALHOTRA 167720080-116035 6/24/24 UNIFORM SVCS FLEET 31.95
Total: 31.95
130367 07/03/24 5362 MISSION LINEN SUPPLY 521845537
#24-4 WATER METER REFUND - 1628 KINSER RD 2,500.00
Total: 2,500.00
130366 07/03/24 1001 MICHELS PACIFIC ENERGY, INC. 24-4 130369 07/03/24 3102 O'REILLY AUTO PARTS 4452-399885
4452-401131
ANNEX1TOCFD3PARCEL2 - 2LOT SUBDIV. MAY PROF.SVCS. 2,055.00 Total: 2,055.00
130368 07/03/24 3039 NBS GOVT FINANCE GRP INC 202406-2209 2 BATTEREIES TRACTOR P.W VEH 303.44
Total: 626.98
BATTERY FOR F250 PARKS 180.52
4452-400100 OIL AND EXAUST FLUID 143.02
SENSOR FOR EXAUST UNIT 20-226-09 63.40
34148 VALVE STEM FOR TIRE/WHEEL 21.94
130371 07/03/24 3265 PRICE FORD OF TURLOCK, INC. 35093
JUN PLANNING COMMISIONER COMPENSATION RESO#89-183 80.00 Total: 80.00
130370 07/03/24 5656 OTERO, CERINA M. JUN 2024
Total: 12,229.00
130373 07/03/24 5291 T-MOBILE USA, INC 987694971 MAY-JUN 24 4/21-6/20/24 PHONE SVCS 12,056.62 Total:

Total: 85.34
130372 07/03/24 3744 STANISLAUS COUNTY AUDITOR

CONTROLLER
0220002497 ASSET FORFEITURE FUNDS RELEASED FOR DISTRIBUTION 12,229.00 12,056.62
7/10/2024 2:17:52 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 5/7/24 & 5/21/24 K9 TRAINING 450.00
Total: 450.00
130375 07/03/24 3870 TOP DOG POLICE K9 TRAINING AND

CONSULTING, LLC
24-05
130374 07/03/24 3820 TARGET SPECIALTY PRODUCTS INC INVP501486537 WWTP WEED ABATEMENT 2ND PART OF ORDER 476.43 Total: 476.43
CLEARVIEW/STARS SVC 4TH QRTR 2023 DATA W/ CPI ADJ 779.60 Total: 779.60
130377 07/10/24 1199 AVENU MUNISERVICES INV06-018743
1 YEAR SAFETY DATA SHEET MGMT & SAFETY HOTLINE 4,982.00 Total: 4,982.00
130376 07/10/24 1006 3E COMPANY ENVIRONMENTAL,

ECOLOGICAL & ENGINEERING
INV-US-117407
5/28-6/24/24 WTR SVCS F/S #2 81.51
Total: 81.51
130379 07/10/24 1644 CITY OF MODESTO 315721-133356 JUN24 HOT AIR BALLOON FESTIVAL 2024 PILOTS 1,250.00
Total: 1,250.00
130378 07/10/24 1561 CERES AREA CHAMBER OF

COMMERCE
23MD1300
22400089 MAY 24 WELL 22 GAC TRTMNT PROJ P23-008 RESO24-001 26,086.66 Total: 26,086.66
130381 07/10/24 1672 CONCO WEST INC. 2057
MAY 24 WWTP MIDGE ABATEMENT 640.00
Total: 640.00
130380 07/10/24 1649 CLARK PEST CONTROL, INC, 35288049
APR 24 HOUSING ELEMENT UPDATE-PROF. SVCS. 5,846.09
23-078-15 MAY 24 HOUSING ELEMENT UPDATE - PROF. SVCS. 15,506.62 130383 07/10/24 5679 EMC PLANNING GROUP INC. 23-078-14
JULY 24 JANITORIAL SVCS COMM CNTR 5,515.25
Total: 5,515.25
130382 07/10/24 1793 DAVID LANGLEY INC. 14993-290
Total: 286,645.73
Total: 21,352.71
130384 07/10/24 5727 FIRE RISK MANAGEMENT SERVICES JUL 24 MED/VSN INS JULY 2024 MEDICAL/VISION INSURANCE PREMIUMS 286,645.73 7/10/2024 2:17:52 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 130385 07/10/24 2232 GREEN RUBBER-KENNEDY AG M-510805 WELL 39 & 40 LEAK CL2 89.59 M-510914 REPAIR PARTS FOR VAC TRAILER 18.27
M-510942
M-510875 HOSE FOR STREET DEPT./ PATCH TRUCK ASPHALT 30.39 Total: 954.40
VAC TRAILER HOSE REPLACEMENT 801.42
M-510871 REPAIR PARTS FOR SAMPLE PORT WELL 38 14.73
BUILDING DEPARTMENT REMODEL 2,640.02
Total: 2,640.02
130387 07/10/24 5779 INTEGRATED FACILITY SERVICES,
INC.
39686
ADDED FREON TO MIMI-SPLIT SHOP 248.40
Total: 248.40
130386 07/10/24 2411 I.C. REFRIGERATION SERVICE, INC. 2439269 6/17-28/24 GET FIT/ZUMBA GOLD/AQUAFIT CLASSES 494.00
Total: 494.00
130389 07/10/24 5272 JANA KIRCHERT 098
FINANCE CHARGE ON PALLET JACK 10.73
Total: 10.73
130388 07/10/24 2463 J.M. EQUIPMENT CO, INC. SC80025841

1.51 TONS OF ASPHALT FOR POTHOLE PATCHING 123.18
42788638 1.53 TONS OF ASPHALT FOR POTHOLE PATCHING 126.32 130391 07/10/24 5557 MARTIN MARIETTA MATERIALS, INC. 42821412 ERC MEMBERSHIP 5,015.00
Total: 5,015.00
130390 07/10/24 2651 LIEBERT CASSIDY WHITMORE 268127
Total: 272.17
Total: 249.50
130392 07/10/24 1001 JEFF GODFREY 35695 UNIFORM PURCHASE - LT. GODFREY - PER MOU 272.17 7/10/2024 2:17:52 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 130393 07/10/24 5362 MISSION LINEN SUPPLY 521845538 6/24/24 UNIFORM SVCS FOR STREETS 45.78 521845514 6/24/24 UNIFORM SVCS FOR PARKS 45.12
521845536
EXAUST,TIRE PATCH,PADS,FILTERS,AIR FILTER,SENSORS 726.84 Total: 726.84
130394 07/10/24 2990 MOTOR PARTS DISTRIBUTORS INC STMNT6/26/24 6/24/24 UNIFORM SVCS FOR FACILITIES 30.46
Total: 121.36
OIL FOR FLEET STOCK 234.40
Total: 234.40
130396 07/10/24 3102 O'REILLY AUTO PARTS 4452-402418
22400048 4/28-5/25/24 WHITMORE AVE REHAB PROJ STPL(075)FY24 5,388.75 Total: 5,388.75
130395 07/10/24 3088 O'DELL ENGINEERING 1240601301
EXHAUST GASKETS FORD F550 FOR VERSA LIFT 20.00
Total: 20.00
130398 07/10/24 3265 PRICE FORD OF TURLOCK, INC. 35101
VAC TRAILER PRESSURE WAND 95.58
Total: 95.58
130397 07/10/24 5534 PRESSURE WASHER CENTER INC. 93612
Total: 1,152.91
130400 07/10/24 3330 RANK INVESTIGATION & PROTECTION,
INC.
22457 BACKGROUND INVESTIGATIONS FOR NEW HIRES 7,849.97 CUSTODIAL SUPPLIES/ PPE 936.01
230211 CUSTODIAL SUPPLIES 216.90
130399 07/10/24 3324 RANDIK PAPER CO. 223477
Total: 7,849.97
7/10/2024 2:17:52 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 1,000.00
130402 07/10/24 5823 SABLE CAPITAL FWTX, LLC 40643 TEMP SVCS SECRETARY WE 6/30/24 (R.JOHNSON) 1,276.00 Total: 1,276.00
130401 07/10/24 1004 KULJIT KAUR 73178771 KAUR P6701 5/13/24 RFND CC LRG RM 1,000.00 Total:

JULY 2024 BASIC/VOLUNTARY LIFE INSURANCE 2,897.55
Total: 2,897.55
130404 07/10/24 3736 STANDARD INSURANCE JUL 24 LIFE INS 7/2-30/24 SOUND SYSTEM TECH CONCERTS IN THE PARK 750.00 Total: 750.00
130403 07/10/24 3635 SILVEIRA, JOHN L JR. CCITP7202402
22400047 MAR 24 BLDG INSPECTION & PLAN CHECK SVCS FY23/24 6,902.91 4924 22400047 APR 24 BLDG INSPECTION & PLAN CHECK SVCS FY23/24 26,253.10 130405 07/10/24 3745 STANISLAUS COUNTY AUDITOR-CONT 4923 4925
Total: 43,466.36
130406 07/10/24 3759 STANISLAUS FARM SUPPLY INC 101215581 WEED ABATEMENT 1,029.56 101216105 WEED ABATEMENT 1,350.28
22400047 MAY 24 BLDG INSPECTION & PLAN CHECK SVCS FY23/24 3,679.95 4926 22400047 MAY 24 BLDG INSPECTION & PLAN CHECK SVCS FY23/24 6,630.40 4,098.00
52979 JUNE 2024 DENTAL CLAIMS 1,261.40
2,379.84
130407 07/10/24 3760 STANISLAUS FOUNDATION DENTAL

CARE TRUST ACCOUNT
53040 DENTAL BROKER FEES NOV 2023 - MAY 2024 1,258.10
53039 JUNE 2024 ADMIN/BROKER FEES 845.25
52997 JUNE 2024 DENTAL CLAIMS
Total:
23,302.50
Total: 7,462.75
130408 07/10/24 5682 STANTEC CONSULTING SERVICES
INC.
2247855 22400046 MAY 24 - 2023 SEWER MASTER PLAN RESO23-124 FY23/24 23,302.50 Total:
7/10/2024 2:17:52 PM
ITEM 4
Date
Voucher List
City of Ceres
Check # VND # Vendor Name Invoice # PO# Invoice Description Amount 130409 07/10/24 3842 THE CERES COURIER INC. 369941 NEWS ANNOUNCEMENT FOR ORDINANCE PUBLIC HEARING 105.00 369929 LEGAL AD:CC#5-1 21-09 VTPM, 21-10 SPA & 24-07 SPA 90.00 369940 LEGAL AD: PH NOTICE CC#5-6 EL REMATITO PC APPEAL JUN 11 2024 ADDTNL IMPLEMENTATION HR 1,304.00
045-473946 JUN/18/2024 ADDTNL IMPLEMENTATION HR 3,912.00 130410 07/10/24 3915 TYLER TECHNOLOGIES, INC. 045-473179 045-473180
125.00
Total: 320.00
WELL 28 GATE REPAIR 190.00
Total: 190.00
130411 07/10/24 3960 VALLEY ENTRY SYSTEMS, INC. 45422
JUN/12/2024 ADDTNL IMPLEMENTATION 2,608.00
Total: 7,824.00
Total: 1,680.00
130413 07/10/24 4053 W.M. LYLES CO. RET RELEASE - #PP08 5% RET RELEASE/WELL 16 GAC CHAMBER PROJ RESO21-127 51,792.72 6/10/24 AV TECH SUPPORT COUNCIL 840.00
387746 06/24/24 AV TECH SUPPORT COUNCIL 840.00
130412 07/10/24 5778 VIP AUDIO VISUAL COMPANY INC 387745 13,207.75
76 Vouchers in this report Total vouchers: 1,278,415.12 Total: 51,792.72
130414 07/10/24 4095 WEST YOST & ASSOCIATES 2058714 22400049 5/4-5/31/24 WATER MASTER PLAN RESO23-125 FY23/24 13,207.75 Total:
7/10/2024 2:17:52 PM
ITEM 4
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Cas
ey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 22, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Julian Aguirre, Economic Development/Redevelopment Manager [email protected] (209) 538-5773
SUBJECT: Redevelopment & Economic Development Quarterly Report for April – June 2024 (Information Only)
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

Overview Summary:

The Economic Development Department has increased its business engagement and retention efforts in the community, with a focus on recruitment efforts for vacant buildings in the Downtown area and for vacant lots in the surrounding area. Staff met with several developers and property owners to discuss the development potential of their buildings and lots . Staff attended several meetings with local organizations and volunteered/collaborated with them for their organization’s events. There are several franchises in the pipeline that were approved by the P lanning Commission over the last year that have building plans either in review or are close to building plan submittal.

Business Retention and Outreach:
• Engaged with seventeen (17) current businesses.
• 54 business licenses issued for April and May
• Reached out to 35 new business, which included “Welcome to Ceres” emails, phone calls and/or visits.

Business Attraction Efforts:
• Wrote emails and made cold calls to retailers that may be interest in establishing a business in Ceres. Cold calls/emails to the following businesses:

ITEM 5a
o Inspire Brands
o Five Below
o 85 degrees bakery
o Monarch Commercial
o Chick-fil-a
o Wendy’s
o Public Storage
o Crackel Barrel
• Met with local businesses to discuss needs from the City. The common need amongst businesses was how to increase sales and how to be more visible in the marketplace. Met with the following businesses:
o 99 cent store
 Closed, provided resources for employees.
o La Base Insurance – Landlord tenant referral made.
o Kidz Care
o Ceres Family Dental
o Le Salon
o All Valley Pool and Spa
o BMO bank
o American Pet Clinic
o ACE Hardware
o Babylon Cuts
o Sparkle Nails
o Sole Saver Show Repair
 Long time small business in ceres
o Uppercuts
o Metro Store
o Bargain Outlet
o Affordable automotive service
o **Engaged with local businesses to provide resources and support. Linked several businesses to free business cohorts – sponsored by STEP, CHASE and other community agencies.
• Developer Meetings
o Met with multiple developers and commercial brokers to discuss commercial development and residential development opportunities within the city of Ceres. o Met with developers to discuss the West Landing area.

Local/Regional Econ omic Development Events/Workshops/Activities:
• Attended the State of the City
• Attended the Love Ceres event
• Attended Economic Development Summit Modesto
• Attended Bridging the Gap
• Attended Skies the Limit, Hot Air Balloon event.
• Meeting with Women’s Entrepreneur Small Business Organization o How to help women with small business in our community • Meeting with Faith in the Valley
o Advocate for affordable housing
ITEM 5a
o Advocate for Small Businesses in the valley
• Meeting with Evan Moore, Manager CHASE bank
o Discussed bringing CHASE Bank to Ceres and discussed co-sponsoring events to assist small businesses.
• Participated in the CalED (California Economic Development) Webinar o California Small Business Loan Match
• Attended the Stanislaus County Opioid Coalition
• Participated in the CA SB 553 Workforce Violence Prevention o Attended to provide information to small businesses.

Grand Openings / Ribbon Cutti ng:
• Mural Lawrence and 4th street
• Flawless Suites
• Ceres Family Dental
Future Development Coming Soon:
• Dutch Bro
• Oreilly
• Mister
• Panda
• 76 Gas Station
• Woodsprings
• Pollo Compero
• Grub Hub (Service Rd)
A
pproved by: __________________
Douglas D. Dunford,
City Manager
ITEM 5a
ITEM 5a

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ME
ETING DATE: July 22, 2024
TO: M
ayor and City Council
FR
OM: Douglas D. Dunford, Cit y Manager
CONT
ACT: Sam Royal, Public Works Director
sam
[email protected], (209) 538-5717
SUBJ
ECT: Public Works Monthly Report for June 2024
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

Out
lined below are the significant actions performed by the Public Works Department for the month of June 2024.

FACILITY SERVICES:
• Com
pleted 172 Facilities Maintenance work orders including: 112 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 60 preventive maintenance services.
• Assisted Recreation with event set -up and support for the Concerts in the Park series at Whitmore PK Gazebo. June dates were 6/4, 6/11, 6/18 and 6/25/24. • Assisted the Balloons Over the Skies Committee with event set-up and support for the Ceres Hot Air Ballon Festival on 6/15/24 at River Bluff Regional Park. The festival was well attended by the general public and Saturday’s estimated attendance was 8,000.
• Assisted Al’s Certified Safe and Lock to rekey 37 pad locks and doors at Costa Fields for Ceres Youth Baseball to keep the ballpark secure. • Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

Mai
ntenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, and four (4) Custodians.

ITEM 5b
FLEET SERVICES:

Completed 91 work orders.

Fleet, Department 20
• Completed 12 dealer warranty repairs

Fire, Department 15
• n/a

Police, Department 10
• Serviced 5 police units.
• Two warranty repairs

Streets, Department 30
• Completed repairs on F550 Ford versa-lift, turbo heat tube sensors

Water, Department 35
• Fleet completed repair on large service truck compressor pto.

Parks, Department 40
• Serviced Parks small equip. annual

Wastewater, Department 25
• Ford dealership was unable to diagnose or resolve the issue on large crane truck, fleet received it back and was able after two days to find and repair a shorted wire in main boom. Back in service.

Facilities, Department 41
• Three vehicles repaired/serviced

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

LANDSCAPE MAINTENANCE:

Completed a total of 355 service requests in the following categories:
• Bike Path Repairs: 2
• City Grounds Maintenance: 12
• Park Landscape and Maintenance: 225
• Parks Landscape chemical usage: 350 gallons Parks / Grounds • Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow pending delivery. • Playground and Equipment Inspections: 13
• Right of Way (ROW) Irrigation Repairs: 26 sprinklers • Park Trees: 26 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 51 • Total Graffiti Vandalism & Repair cost is $1,200.00 for the month of June.

ITEM 5b
Parks sprinklers repaired or replaced:
• Barry Grove – 1 maintenance
• Costa Fields – 1 valve maintenance
• Don Pedro – 32 vandalisms
• Independence – 6 vandalisms
• Dog Park – 1 maintenance
• Neel Park – 0
• Persephone – 3 maintenances
• Redwood – 0
• River Bluff – 12 maintenances
• Riverview – 2 maintenances
• Roeding Heights – 10 vandalisms
• Sam Ryno – 4 sprinklers maintenance
• Smyrna – 8 sprinklers maintenance
• Strawberry – 9 maintenances
• Whitmore – 1 maintenance

Parks General Maintenance/Repairs:
• Graffiti removal at Sam Ryno (2), Strawberry (1), River Bluff (6), Roeding (3), Ochoa (1) Persephone (1), Smyrna (4), Don Pedro (6) Riverview (2) and Independence Park (5)
• Removed tree on Magnolia Street in front of City Hall. Stump to be ground in future Grid Prune by West Coast Arborists (WCA):

• Grid # 3 2020-2021 100% - Completed with 2,343 trees pruned. • Grid # 4 2021-2022 99% - Completed with 2,450 trees pruned. • Grid # 2 2022-2023 Started in July 2023 99% completed. • Grid # 1 2023-2024 Started in October 2023 97% completed. • Grid #5 2024-2025 Started February 2024 40% completed with 32 trees trimmed. • Pending: 247 high risk, 28 removals, and 96 inspect for trims • No updates for June (Exhausted grid prune funding for FY 23/24)

Grounds
Rights of Way (ROWs):
• Irrigation controller on Railroad ROW destroyed due vandalism. • Faith Home Rd: pending water staff to schedule backflow install. • River Road: backflow replacement scheduled with water. Currently water is shut off at River and Canyon Falls.
• All ROW irrigation controllers are turned on this season. • Repaired irrigation at Fire Training center on Service, controller to be replaced Whitmore Mansion / Museum
• Mowed and sprayed.

City Hall
• Trimmed and weeded all of City Hall, Fire and Library area. Sprayed all weeds.

Red wood chips will be added soon.

Parks
Don Pedro:
• Parts for playground received to be installed soon.

ITEM 5b
Sam Ryno:
• Parts for Spinning chair and Rocking cycle were delivered and in process of assembly to install.

Smyrna Park:
• Construction for park improvement completed.
• Repaired fence to Park yard due to vandalism.
• Started installation of water fountain at skate park
Costa Fields
• Replaced 1 valve infield area
Roeding Park:
• Repaired gate to well due to vandalism. Flushed well full of sand Neel Park:
• No update
Independence Park:
• Repaired fence vandalized / removed glass left in park 4 times.

Riverview Park:
• Playground 2-5 climbing ladders damaged due to vandalism; parts were ordered for replacement.
• Park flooded due to TID pushing water.

River Bluff Park:
• Playground area - replaced 5 sprinklers due to vandalism. • Removed damaged entrance fence due to vandalism.
• Adjusted all fields to different ware patterns.
• 3 trees down and large limbs were cleaned up.
• Gates to 4 fields repaired due to Kids climbing over fences.

Guillermo Ochoa Park:
• Contractor ongoing with park improvements.
• Well, being is put on Scada through city, all mechanical components installed 4 in flow sensor Tested on SCADA all ran with 600lb pressure Need all tree admitters in place to finish SCADA
Lions Park:
• No update

City Parks Landscaping and Maintenance is performed by one (1) Supervisor, one (1) Sr.

Parks Maintenance Worker, Five (5) Park Maintenance Workers, and none (0) full -time Temporary Maintenance Worker.

SOLID WASTE & RECYCLING:

• Highlights of solid waste and recycling collection by Bertolotti for June 2024

 Residential…………………….… 1151.10 tons
 Commercial………………………. 1659.21 tons
 Illegal dump/litter abate (code enforcement) 30.44 tons  Illegal dump (Bertolotti) ………. 6.02 tons, 22 locations  Bulky items…………………….… 59.9 tons, 132 locations
 Leaf/limb (illegal)...…………….… 7.33 tons
 Street Sweep………………….… 62.86 tons
 Residential Organics…………… 474.94 tons
ITEM 5b
 Commercial Organics…………. 226.34 tons
 Residential Recycle………….… 179.09 tons
 Commercial Recycle …………… 4.31 tons
 C&D (Construction/Demolition Debris) 0 tons  Used oil…………………………… 369 gallons
 Used oil filter……………...……… 58

• There were 9 residential cart storage violations issued in June. • There were 72 residential organic cart contamination violations issued in June. • There was 1 residential recycle cart contamination violation issued in June.

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

STREETS SERVICES:
• Staff responded to a total of 57customer service requests. • Responded to 151 Underground Service Alerts (USA) markings. • Repaired 17 streetlights.
• Installed 3 street light poles.
• Cleaned 21 storm drain ponds.
• Made 6 storm drain lift station checks.
• Installed 10 concert in the park signs.
• Removed Hot Air ballon signs.
• Two excavations for the water division
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, (5) Streets Maintenance Operators, one (1) Street Sweeper Operator (1) part time Streets/Code Enforcement Maintenance workers. Please note the Streets Division has had one staff member on light duty since 8/11/21.

WASTEWATER (WWTP):
• Responded to 4 customer service requests and 28 sewer problems, during working hours and after hours.
• Staff responded to 5 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• There were (0) SSO’s in June which resulted in (0) gallons spilled and recovered. • Serviced or Repaired:
o Lift Stations – 12
o WWTP Equipment – 11
o Main line sewer plugs – 0
o Aerators – 0
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.
• Staff performed pond discing and ripping for weed abatement and pond rehabilitation.
• Staff inspected the forced main to Turlock.
• Staff cleaned 49,358 feet of sewer main line.
• Staff CCTV inspected 8140 feet of sewer main line.
• Staff continues the process of updating the Wastewater Discharge Report (WDR), Sewer Master Plan (SMP), and Sanitary Sewer Management Plan (SSMP).

ITEM 5b
• SCADA Integrator, Jeff Burrows, and Wastewater Staff continued converting lift station and treatment plant controls to the new SCADA system. • Staff continued to work on SCADA integration of WWTP and lift stations. • Staff attended training on traffic control procedures & flagging. • Staff started and completed the 6 month and 12-month sewer trouble spot cleaning which help prevent sewage backups in the sewer collection system. • Staff checked & marked 160 USA tickets, which took 23 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer use charge was $78,675.52 for the month of April, the May bill has not been received.
• Modesto sewer use charge for the month of $136,375.65 for the month of April, the May bill has not been received.
• Effluent Biochemical Oxygen Demand (BOD) 128 mg/L.
• The wastewater treatment plant treated and disposed of 71.45MG (Million Gallons) of wastewater with an average of 2.38 MGD (Million Gallons per Day).

Ceres Wastewater Treatment Plant and Collections System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, three (3) Operator-in-Training. There are two (2) open Wastewater Operator positions.

Please note Wastewater has not been fully staffed since 2019. Nearly all veteran operators retired or moved to other cities locally. If qualified operators cannot be hired the vacant positions cannot be filled, leaving the department short-staffed for longer.

WATER SYSTEM MAINTENANCE:

Water, Department 35
• June 2024 well production was 84.718 million gallons. • Average water use for June was 6.69 million gallons per day. • Water staff responded to 17 customer service requests. • Water staff responded to 105 Underground Service Alerts (USA) markings. • Meter statistics and repairs:
o Meters in water distribution system: 11,874
o Meters/radios serviced: 62

o Meters replaced: 44
o Meters upgraded from ¾”, 5/8” to 1”: 1
o New meter installations: 0
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 151 were exercised • Blow-offs and hydrants flushed: 78
• Water main leaks: 0
• Service line leaks: 5
• Service lines have been replaced: 1
• Hydrants replaced: 0
• Water quality samples taken: 67
Water Conservation, Department 36
• June 2024 calculated residential gallons used per person per day: 78.89 • Annual average is 65.19 gallons per person per day.
• Responded to 19 water conservation service requests.
• Water portal has 329 residents registered.

ITEM 5b
• Issued courtesy notifications: 131
• Performed 0 water audits.
• Delivered 16 water waste warnings and issued 0 water waste fines. Excess consumption fines data was not available from Finance as of the due date of this report.
• Rebates Issued: Dishwasher: 0, Smart Irrigation: 3, ULF Toilets: 4, Washing Machine: 2, and Turf Replacements: 0
Total Rebates YTD: 55
The graph below shows our (well) production numbers for 2020 in blue compared to 2024 (well and surface water production) in purple with the water reduction target of 15% in red. For June 2024, we unfortunately had an increase of 7.57% from the June 2020 production numbers.

Water system maintenance is performed by one (1) Superintendent, one (1) Supervisor, one (1) Administrative Analyst, two (2) Senior Water Operators, nine (9) Water Distribution Operators, two (2) Field Service Technicians, and one (1) Water Conservation Officer.

Approved by: __________________
Douglas D. Dunford,
City Manager
ITEM 5b
ITEM 5b

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 22, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael Beltran, PE., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT: Resolution No. 2024- XXX, Approving the Eli mination of T wo (2) Vacant Assistant/Associate Engineer Positions and Adding One (1) Senior Civil Engineer Position
RECOMMENDED COUNCIL ACTION:

St
aff recommends City Council adopt a Resolution amending the Engineering Department’s position allocation to eliminate two (2) vacant assistant /associate engineer positions and the addition of one (1) senior civil engineer position.

I. BACKGRO UND:

The E
ngineering Department’s current organizational structure consists of a Director/City Engineer, five (5) Assistant/Associate Engineer positions, two (2) Engineering Technicians, and one (1) secretary allocated in the FY24/25 budget. T wo (2 ) Assistant/Associate Engineer positions are vacant, and all other positions are filled. The department is seeking to eliminate two vacant positions to add one Senior Civil Engineer which is critically needed to provide direct supervision over assigned personnel, assume the most difficult and complex assignments, including but not limited to in-house design of projects, streamlining project reviews, cost savings for projects in comparison to using consultants, efficient use of taxpayer dollars which will allow for more projects to be completed and mentorship of junior staff. The City has an existing Senior Civil Engineer classification in its Class Title and Salary Range.

II. REASONS FOR RECOMMENDATION:

The Senior Civil Engineer position will allow the E ngineering Department to expand its role by providing in-house design of certain Capital Improvement Projects. While the City will need to use consultants for design services for the foreseeable future, the Engineering Department should also produce designs in preparation for construction. The Engineering Department can produce a design set of plans and specifications for approximately 1/3 ITEM 6
the cost that a consultant would charge for the same service. This position will also produce quicker review times for projects being designed by consultants. In addition to providing in- house design, this position will also allow for more mentor ship of junior staff. With the additional mentoring, more projects will then be designed in- house allowing the city to utilize funding more efficiently. The more efficiently we use money, the more projects we can do with the limited funding that we receive.

III. FISCAL IMPACTS:

The position of Senior Civil Engineer will be funded through Measure L, Sewer, and Water Enterprise Fund, CMAQ, ATP, HSIP, STBG, RMRA. With the Elimination of two (2) vacant Assistant/Associate Engineer positions and the addition of one the Senior Civil Engineer, there will be a salary savings of approximately $ 79,500 based on Step E salaries. In addition to salary savings this will also save one FTE benefits package.

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

The elimination of two (2) vacant positions and one (1) added position to the City’s Engineering staff are consistent with the first and fifth goals of the City’s Strategic Plan:
ensuring that the community has adequate, well maintained infrastructure (including water, sewer, streets, traffic signals, p arks, sidewalks, facilities) that fosters a quality community and supports a strong economy; and, to provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped and sufficient staff who partner with other public agencies to provide efficient services.

V. P
OLICY ALTERNATIVES :

The City Council can choose not to eliminate the two (2) vacant positions and add one (1) position. This would hinder the City’s ability to retain and recruit senior -level engineering staff, limit in -house designs, continue the use of consultants to do most design work, continue the inefficient use of dollars due to paying consultants, and continue to miss deadlines for grant funding.

VI. I
NTERDEPARTMENTAL COORDINATION:

Engineering Department and Human Resources Department have coordinated on this effort.

VII. P UBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

N/A
IX. ST EPS FOLLOWING APPROVAL :

Upon approval of this recommendation, the Engineering and the Human Resources Departments will coordinate a recruitment to establish an eligibility list for the Senior Civil Engineer to be filled as soon as practicable.

ITEM 6
Appr
oved by: __________________
Douglas D. Dunford,
City Manager
Atta
chments:

1. Attachment A – Resolution
ITEM 6
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2024-XXX
APPRO
VING THE ELIMINATION OF TWO (2) VACANT

ASSISTANT/ASSOCIATE ENGINEER POSITIONS AND ADDING ONE
(1) SENIOR CIVIL ENGINEER POSITION
THE CI

TY COUNCIL
City of Ceres
WHERE
AS, the City has multiple Capital Improvements Projects (CIP) in planning, design, and construction phases; and
WHERE
AS, it is necessary to add skilled professionals to deliver CIP projects efficiently and effectively; and
WHERE
AS, two (2) vacant Assistant/Associate will be eliminated; and WHERE
AS, the new position of Senior Civil Engineer will help the City retain and acquire experienced professionals for both current and long- range development of the Engineering Department; and
WHERE
AS, the recruitment will establish a list of eligible candidates; and WHERE
AS, the net fiscal impact is a benefit to the City’s budget.

NOW, T
HEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the elimination of two (2) vacant Assistant/Associate Engineer positions and adding one (1) Senior Civil Engineer position.

PASS
ED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of July 2024, by the following vote:

AYES: Counci
lmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_________
_______________________
Javier Lopez, Mayor
ATTEST:
_________
________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

Resolution No. 2024-XXX, Awarding the Construction Contract for Whitmore Park Gazebo Project to Sinclair General Engineering Construction Inc. , Authorizing a 10% Contingency, and
Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to award the construction contract for Whitmore Park Gazebo Project to Sinclair General Engineering Construction Inc. in the amount of $491,649.00, plus a authorization of 10% contingency in amount of $49,164.90, totaling $540,813.90, and authorize the City Manager to execute the construction contract.

I. BACKGRO UND:

The per capita program is a competitive statewide program administered by the California State Parks. Funds are available for local park rehabilitation, creation, and improvement grants to local governments per capita. The City was encouraged to utilize the funds to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. These funds must be used by December 31, 2024.

The Whitmore Park Gazebo Project's goals are to create and enhance areas to increase safety for park users, provide more community gathering space, and provide users with better access and views of the park’s amenities. Major enhancements include accessible pathways to and within the park and upgrades to the covered gazebo and electrical improvements for event gatherings.

II. REASONS FOR RECOMMENDATION
:

The City solicited the bid package for construction on May 21, 2024, with the bid due on June 18, 2024. The City received zero bids on the due date.

ITEM 7
Staff requested responsive and responsible proposals from three qualified contractors.

Only Sinclair General Engineering Construction Inc. provided a bid, and the other two contractors refused to bid.

III. FISCAL IMPACTS:

The project construction was included in the capital improvement project list and remaining ARPA funds ($461,369.75) will be transferred from 219 95.800500 (PW2317) to 21995.800500 (New Project String ) to include sufficient funding for the construction contract, contingency, construction support, construction observation, materials testing, and staff time. In addition to ARPA funding, an appropriation in the amount of $208,214 for the State of California, Department of Parks and Recreation, Per Capita Grant, is allocated to account 29795.800500 (New Project String). The fund breakdown for the construction contract is as follows:
29795.800500 (New Project String) – $208,214.00
21995.800500 (New Project String) – $283,435.00
Open Project String: Whitmore Park Gazebo
A budget amendment is necessary to fund the construction costs, requesting additional funds in the amount of $208,214.00 added to account number 29795 .800500 covering construction contract, material testing geotechnical services and construction support, and unforeseen services needed for project scope.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

City Council can choose to direct staff to reject the bid or reject the proposal and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

None Required.

VIII. ENVIRONMENTAL REVIEW:

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

ITEM 7
IX. STEPS FOLLOWING APPROVAL:

Following approval of this item, the contract with Sinclair General Engineering Construction Inc. will be signed and executed. The contractor will then be issued a notice to proceed, and a pre-construction meeting will be held.

Appr
oved by: ___________________
Douglas D. Dunford,
City Manager
Atta
chments:

1. Attachment A – Resolution

2. Attachment B – Sinclair General Engineering Construction Inc.

3. Attachment C – Budget Transfer

4. Attachment D – Budget Amendment
ITEM 7
ITEM 7

ATTACHMENT A
RESOLUTION NO. 2024-XXX
AWARDI

NG THE CONSTRUCTION CONTRACT FOR WHITMORE PARK
GAZEBO PROJECT TO SINCLAIR GENERAL CONSTRUCTION INC.,
AUTHORIZING A 10% CONTINGENCY, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT
THE

CITY COUNCIL
City of Ceres
WHE
REAS, the Engineering Services department sent out a bid invitation to three qualified contractors after receiving zero public bids; and WHE
REAS, the lowest responsive and only bid was received from Sinclair General Engineering Construction Inc. in the amount of $491,649.00; and WHE
REAS, a construction contingency in the amount of 10% or $ 49,164.90 is necessary and appropriate to accommodate any unforeseen costs, bringing the total construction authorization to $540,813.90; and
WHE
REAS, the Whitmore Park Gazebo Project was included in the capital improvement project list; and
WHE
REAS, A budget amendment is necessary to fund the construction costs, requesting additional funds in the amount of $208,214.00 added to account number 29795.800500 covering construction contract, material testing geotechnical services and construction support, and unforeseen services needed for project scope.

NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award the construction contract for the Whitmore Park Gazebo Project to Sinclair General Engineering Construction Inc., authoriz es a 10% contingency and authorizes the City Manager to execute the contract.

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

PAS
SED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of July 2024, by the following vote:

AYES: Counc
ilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

CONSTRUCTION CONTRACT

WHITMORE PARK GAZEBO PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this 22nd day of Ju ly, 2024 by and between the City of Ceres, a public agency and public corporation of the State of California (“City”) and Sinclair General Engineering Construction, Inc., a corporation with its principal place of business at 538 South 5th Ave, Suite A, Oakdale, CA 95361 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing and building infrastructure and related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is fa miliar with the plans of City. The following license classifications are required for this Project: Class A General Contractor License

2.3 Project. City desires to engage the Contractor to render such services for the WHITMORE PARK GAZEBO PROJECT (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation , as required by the Contract.

3. TERMS

3.1 Incorporation of Documents . This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Federal Requirements (Exhibit “G”)
• Addenda
• Change Orders executed by the City
ITEM 7

2 • Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work . Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the abov e referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) bus iness days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contract or to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal” . Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or articl e desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Con tract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall ITEM 7

3 include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Condi tions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Work under this Contract within 30 calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.

Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contrac tor. Contractor agrees that if such Work is not completed within the Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledge d and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of three thousand and six hundred Dollars ($3,600.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees . Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perf orm the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including an City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship . City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this ITEM 7

4 Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation . City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below - referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of eight hundred seventy- two thousand two hundred fifty Dollars ($491,649.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay C ontractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) ITEM 7

5 unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the pro secution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as t hey come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title sh all pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. C ontractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage ra tes and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or ITEM 7

6 alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts . When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The pri mary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more tha n eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records . Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, 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 him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Co ntractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public W orks contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works pr oject that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration . Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works ITEM 7

7 project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders . This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’ s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated b y the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Con struction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the di sturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SW PPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It sh all be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

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8 3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impactin g water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give ITEM 7

9 all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agree d that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, dir ectors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses . Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, an City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving grou nd during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions . As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, n otify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

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10 3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is n ot acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 e t seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all proc edures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermo re, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

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11 3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be r equested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

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12 3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation . If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement ITEM 7

13 of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining t o extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may ter minate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and ITEM 7

14 authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officilas, employees, agents and authorized volunteers . In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connect ion therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.
(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Agreement including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors to obtain and maintain, with insurers of recognized responsibility authorized to do business in the California as admitted carriers having a rating not lower than “A” as rated by A.M. Best Company, Inc. or other independent rating companie s, the following insurance which shall include the minimum coverages and limits set forth below:
(i) Commercial General Liability Insurance Commercial general liability insurance on an “occurrence” basis arising out of claims for bodily injury (including death) and property damage, as will protect the Contractor, which may arise out of or result from the Contractor’s operations under the Agreement and for which the Contractor legally liable, whether such operations are by the Contractor, by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall protect the Contractor and Owner against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the performance of this Agreement, and (2) on account of injury to or destruction of property, including the resultant loss of use of the Project or other Owner facilities or equipment, resulting from acts ITEM 7

15 of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Agreement. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld and shall be in amounts not less than Five Million Dollars ($5,000,000) general aggregate, Two Million Dollars ($2,000,000) personal and advertising injury aggregate, with a per occurrence limit of One Million Dollars ($1,000,000) (tota l limits required may be satisfied with an excess or umbrella policy).

The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multiple insureds. The aggregate li mit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by Owner or other Persons identified in this Agreement will be excess only and will not contribute with this insurance; (ii) Automobile Liability. Automobile liability insurance, for Contractor’s liability arising out of claims for bodily injury and property damage covering all owned (if any), non-owned, leased, hired or borrowed automobiles of Contractor, including loadin g and unloading, with a minimum limit of not less than $1,000,000 per accident for combined bodily injury and property damage and containing appropriate no-fault insurance provisions or other endorsements in accordance with Applicable Law;
(iii) Worker’s Compensation Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the Owner for all persons whom they may employ in carrying out the work contemplated under this Agreement in accordance with the Workers’ Compensation Laws of the State of California. If the Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to emp loy prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the Owner immediately upon employment. If the Contractor is self -insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self-Insurance satisfactory to the Owner. (iv) Employer’s Liability Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance with an insurance carrier reasonably satisfactory to the Owner. During the cour se of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the Owner. If the Contractor is self -insured, the Contractor shall furnish a Certificate of Permission to Self -Insure and a Certificate of Self - Insurance reasonably satisfactory to the Owner.
(v) Errors and Omissions Insurance Errors and omissions insurance on a claims made basis with limits of at least One Million Dollars ($1,000,000) with a deductible or self-insured retention in an amount not to exceed the sum of One Hundred Thousand Dollars ($100,000), and Contractor will maintain such coverage for a period of five (5) years following the Final Completion Date.
(vi) Builder’s All-Risk Following completion of Phase 1 and approval by Owner of the Phase 2 portion of the Scope of Work and prior to commencing Phase 2, Contractor agrees to obtain and maintain Builder’s Risk/Course -of-Construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld.

This insurance shall insure against all risks, includi ng but not limited to the following perils:
vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, ITEM 7

16 collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the Owner’s costs and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall include the Owner, the Owner’s designated representative, and any other person or entity with an insurable interest in the Work as an additional named insured.
(vii) Other Insurance Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld. (b) Consultants If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of work, and Contractor shall include such provisions in its contracts with them. If any policy carried by any of the Consultants offers 50% or less of the limits required of the Contractor hereunder for an analogous policy, the Contractor shall notify the Owner of the proposed coverage to be carried by such Consultant, and the Owner shall have the right in its reasonable discretion to approve or reject the proposed coverage in each such case.
(c) Occupancy Owner may partially or fully occupy and/or use the Project before acceptance of the entire Project by the Owner. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer. (d) Additional Insured; Primary and Non -Contributory; Waiver of Subrogation The Contractor shall name the Owner and the Owner’s designated representative as additional insureds on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or exact equivalents), automobile liability, and excess/umbrella policies. The additional insured endorsement(s) included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of oper ations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced b y the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability, automobile liability, and excess/umbrella policies shall apply on a primary and non -contributory basis. The Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of Owner and the Owner’s designated representatives. Any excess/umbr ella policies provided by Contractor shall include a follow form endorsement or schedule of underlying coverage showing that such policies sit in excess of and shall follow the form of the underlying policies set forth herein, which Contractor intends the excess/umbrella policy to supplement. (e) Proof of Carriage of Insurance The Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Agreement until all required insurance certificates, additional insured endorsements and declarations p ages have been obtained for the period covered by this Agreement and delivered in duplicate to the Owner for approval, and such approval shall not be unreasonably withheld. (f) Notice of Cancellation or Non -Renewal The Contractor shall provide or shall obligate its insurance carriers or brokers/representatives to provide for thirty (30) Days written notice to the Owner of cancellation.

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17 (g) Project Schedule Changes At the time of making application for any extension of time pursuant to the Contract Documents, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. (h) Compliance If the Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) Days of receiving written notice of the defect(s), the Owner may, but shall not be required to, take out such insuran ce to cover any damages accrued for which the Owner might be held liable on account of the Contractor’s failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under this Agreement.
(i) No Limitation of Liability; Subcontractors and Consultant Obligations Nothing contained in this Agreement shall be construed as limiting, in any way, the extent to which the Contractor may be held responsible for the payment of damages resulting from t he Contractor’s operations. Each of Contractor’s Consultants and Subcontractors shall comply with all insurance obligations under this Section, and Contractor shall include such provisions in its contracts with them.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at lea st the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

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18 Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability . (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Wor k or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) th e insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.

Any insuranc e or self -insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages . Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been gi ven to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, ITEM 7

19 such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and relat ed investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The Ci ty reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requiremen ts stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

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20 3.14.3 Bond Provisions . Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminat e the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non -conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contracto r for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defect ive or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

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21 3.16.1 Contractor’s Labor Certification . By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

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

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

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his bes t skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site . Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contra ctor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any ITEM 7

22 other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine a ppropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims . This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Busin ess and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Sinclair General Engineering Construction Inc.
538 South 5th Ave Suite A
Oakdale, CA 95361
209-847-6100
Attn: Cody Butler

CITY:

City of Ceres
2220 Magnolia Street
Ceres, California 95307
Attn: City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence . Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by ITEM 7

23 Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees . This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against ITEM 7

24 contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the d ate of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects.

[SIGNATURES ON NEXT PAGE]

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25 Signature Page for CONSTRUCTION CONTRACT
Between the City of Ceres
and Sinclair General Engineering Construction Inc.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 22nd day of July, 2024.

CITY OF CERES Sinclair General Engineering Construction, Inc.

By: By:

Douglas D. Dunford
City Manager Its:

Printed Name:

ATTEST:

By:

Fallon Martin, City Clerk

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COUNCIL AGENDA REPORT

Resolution No. 2024-XXX, Declaring City-Owned Parcel 127-002-047 as Exempt Surplus Land P ursuant to Government Code Section 54221(f)(B) of the Surplus Land Act and Authorizing the City Manager to Conduct Negotiations for the Disposition of the Exempt Surplus Parcel
RECOMMENDED COUNCIL ACTION:

Sta
ff recommends that the City Council approve a resolution declaring city -owned parcel 127- 002-047 as “exempt surplus land” in compliance with the Gov Code 54221(f)(1)(b) and direct the City Manager to negotiate and execute the sale of the exempt surplus land.

I. BACKGRO UND:

Th
e City Council reviewed and discussed a previous proposal to declare City-owned properties as surplus land. The Surplus Land Act (SLA) requires the City Council to take formal action at a public hearing to declare City-owned land that is not necessary for the City’s use, to be surplus land prior to disposition. The Act also requires a consultation and public noticing process be followed prior to the disposition of surplus land, or prior to the selection of or engaging in negotiations with a housing partner. Local agenci es are also required to prioritize opportunities for certain uses of surplus land including affordable housing development.

The C
ouncil approved Resolution No. 2023-133 declaring parcel 127-002-047 as “surplus land”. After the approval of this resolution, staff followed what they thought to be the proper noticing procedures for posting the Notice of Availability (NOA) of the parcel on the Housing and Community Development’s (HCD) website. However, HCD does not have record of this posting, and is requiring that the City repost the NOA and wait the required 90 days before the parcel can be sold.

ITEM 8
Rather than go through this process again, staff would instead like the Council to declare the parcel in question as “exempt surplus land” to avoid the 90-day posting period. At the time this parcel was brought before the Council in Octo ber 2023, the proposed site did not qualify to be considered “exempt surplus land”. Specifically, the site needed to be less than 5,000 square feet in size. On February 3, 2024, HCD released new Surplus Land Procedure Guidelines which changed the size requirement for land to be considered exempt from posting requirements. Under the new regulations, a site that is less than .5 acres, or 21,780 square feet, and is not contiguous to land owned by a state or local agency that is used for open space or low- and moderate-income housing purposes, can be declared “exempt”. Parcel 127-002-047 is 0.17 acres or 7,405.2 square feet, and now falls within the “exempt” category. Categorizing the parcel as “exempt” means the City does not have to post the parcel on HCD’s website for 90 days waiting for affordable housing developers or schools to bid on the property.

II. RE
ASONS FOR RECOMMENDATION:

With the designation of the parcel as “exempt surplus land” staff can follow a different disposition process that is not subject to the standard SLA noticing requirements. The benefit of this is that the City can negotiate the purchase and sale of the property with interested parties much more quickly. The information of the parcel in question is provided below:

# APN Size (acres) Address Description
1 127-002-047 ~ 0.17 0 Arthur Way Vacant lot

Parcel 127-002-047 is a vacant corner property on Arthur Way at the terminus of Hollister Street. This site used to be a water well site and the well was removed. The lotting pattern of this site matches the existing neighborhood and would be suitable for a single- family dwelling. The site is not large enough to be counted as an affordable housing site in the Housing Element, as HCD has a minimum lot size of 0.5 acres for viable affordable housing projects.

III. F
ISCAL IMPACTS :

There is no direct financial impact as a result of declaring the parcel as exempt surplus land. Declaring the parcels as exempt surplus land and following the Surplus Land Act procedures allows the city to sell the parcel. Any proposed purchase of the exempt surplus parcels would be referred to the City Council for consideration and proceeds from sale would be placed into city revenue.

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

N/A
V. P OLICY ALTERNATIVES :

Any parcels not declared as exempt surplus land would not be eligible for property sale, transfer, or negotiation.

ITEM 8
VI. INTERDEPARTMENTAL COORDINATION:

The City Attorney and Community Development Department have been working to ensure compliance with the Surplus Land Act in advance of any decision on the property sales.

VII. P UBLIC PARTICIPATION:

The public is invited to provide comments at the City Council meeting.

VIII. EN VIRONMENTAL REVIEW :

N/A
IX. ST EPS FOLLOWING APPROVAL :

If parcel is declared to be exempt surplus land, then staff will follow the modified SLA procedures to declared parcel exempt surplus land and commence negotiations with interested purchaser.

Approved by: __________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Site Map
ITEM 8
ITEM 8

ATTACHMENT A

RESOLUTION NO. 2024-XXX

DECLARING CITY-OWNED PARCEL 127-002-047 AS EXEMPT

SURPLUS LAND PERSUANT TO GOVERNMENT CODE SECTION
54221(f)(B) OF THE SURPLUS LAND ACT AND AUTHORIZING THE

CITY MANAGER TO CONDUCT NEGOTIATIONS FOR THE

DISPOSITION OF THE EXEMPT SURPLUS PARCEL

THE CITY COUNCIL
City of Ceres

WHEREAS, prior to selling exempt surplus land owned by the City of Ceres (“City”), the City must follow the procedure of the Surplus Land Act (Government Code Section 54220 et seq.)( knows as the “Surplus Land Act”); and

WHEREAS, land shall be declared either “surplus land” or “exempt surplus land”, as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures; and

WHEREAS, per Government Code Section 54221(f)(B) surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes; and

WHEREAS, parcel 127-002-047 is 0.17 acres or 7,405.2 square feet and meets the size requirement to be exempt; and

WHEREAS, the declaration of exempt surplus land does not constitute actual sale of the identified parcel; and

WHEREAS, the identified parcel of exempt surplus land is as follows, and is further shown on the Maps attached hereto as “Exhibit 1”; and

WHEREAS, with the designation of the parcel as “exempt surplus land” staff can follow a different disposition process that is not subject to the standard SLA noticing requirements.

NOW, THEREFORE BE IT RESOLVED that the City Council of the city of Ceres does herby find parcel 127- 002-047 as exempt surplus land pursuant to Government Code Section 54221(f)(B) and authorizes the City Manager to conduct negotiations for the disposition of the exempt surplus parcel as none of the characteristics listed under Government Code section 54221(f)(2) applies to the property in question in that:

1. The parcel in question is not within a coastal zone; and

APN Size
(acres)
Address Description
127-002-047 ~ 0.17 0 Arthur Way Vacant lot
ITEM 8

ATTACHMENT A

2. The parcel in question is not adjacent to a historical unit of the State Parks System; and

3. The subject parcel is not listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places; and

4. The subject parcel is not within the Lake Tahoe region as defined in Section 66905.5.

BE IT FURHTER RESOLVED that the City Council of the City of Ceres does hereby declare City-owned parcel as exempt surplus land pursuant to the Surplus Land Act and authorizes the City Manager to conduct negotiations for the disposition of the exempt surplus parcel, and to otherwise follow the requirements of the Surplus Land Act.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22
nd of July 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 8
Exhibit 1\ ....,,,., ,�■- - · -.._-+if .l*i - ·

ATTACHMENT B
ITEM 7
ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

Resolution No. 202 4-XXX, Approving a Letter of Support from the Ceres City Council to Present to San Joaquin Regional Rail Commission for the Transit and Intercity Rail Capital Program (TIRCP) Grant
RECOMMENDED COUNCIL ACTION:

Appr
oving the resolution regarding a letter of support from the Ceres City Council for San Joaquin Regional Rail Commission ( Rail Commission) for the Transit and Intercity Rail Capital Grant Program (TIRCP).

I. BACKGROUND:

Th
e Rail Commission is applying for the TIRCP grant with the California State Transportation Agency (CalSTA) for the Bridging Rail Initiatives, Technology, and Education (BRITE) project. This project includes a package of projects and initiatives that will serve to deliver and further enhance service that the Rail Commission is working to implement as part of the Valley Rail Program.

II. REAS
ONS FOR RECOMMENDATION:

This important funding application includes funding required to complete the Stockton Diamond Grade Separation project and South Stockton Yard Crossover, along with additional components such as procurement of zero- emission equipment, development of a new integrated tick eting platform for passenger rail services in the San Joaquin Valley, workforce development, and final design funding needed to leverage other funding to complete the Madera High Speed Rail (HSR) Station.

III. FISCAL IMPACTS:

N/A
ITEM 9
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Staff will prepare the letter of support for the mayor’s signature and deliver to the Rail Commission.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Letter of Support
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A LETTER OF SUPPORT FROM THE CERES CITY

COUNCIL TO PRESENT TO SAN JOAQUIN REGIONAL RAIL

COMMISSION FOR THE TRANSIT AND INTERCITY RAIL CAPITAL

PROGRAM (TIRCP) GRANT

THE CITY COUNCIL
City of Ceres

WHEREAS, San Joaquin Regional Rail Commission ( Rail Commission ) is requesting a letter of support from the Ceres City Council for the Bridging Rail Initiatives, Technology, and Education (BRITE) project; and

WHEREAS, BRITE includes a package of projects and initiatives that will serve to deliver and further enhance service that the Rail Commission is working to implement as part of the Valley Rail Program; and

WHEREAS, the funding application includes funding required to complete the Stockton Diamond Grade Separation project and South Stockton Yard Crossover, along with additional components such as procurement of zero- emission equipment, development of a new integrated ticketing platform for passenger rail services in the San Joaquin Valley, workforce development, and final design funding needed to leverage other funding to complete the Madera High Speed Rail (HSR) Station.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby approves a letter of support from the Ceres City Council to present to San Joaquin Regional Rail Commission for the Transit and Intercity Rail Capital Program (TIRCP) Grant.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22
th day of July 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor

ATTEST:

________________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9

ATTACHMENT B

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

July 2
3, 2024
Se
cretary Toks Omishakin
California State Transportation Agency
915 Capitol Mall, Suite 350B
Sacramento, CA 95814
SUBJ
ECT: Support for 2024 Cycle 7 Transit and Intercity Rail Capital Program (TIRCP): Bridging Rail Initiatives, Technology, and Education (BRITE) Project
Dear
Secretary Omishakin,
The Cit
y of Ceres strongly supports the application by San Joaquin Regional Rail Commission (SJRRC) to the California State Transportation Agency’s (CalSTA) Cycle 7 Transit and Intercity Rail Capital Program (TIRCP) for the Fiscal Year (FY) 2024 for the Bridging Rail Initiatives, Technology, and Education (BRITE) Project (Project).

The
Project will address TIRCP’s goals and objectives by reducing greenhouse gas (GHG) emissions, improving safety, reducing vehicle miles traveled, expanding and integrating transit service to increase Valley Rail intercity and commuter passenger rail ridership as well as improving passenger experience. The Project benefits disadvantaged communities in the region by providing multi -modal transportation options, and workforce development opportunities.

The B
RITE Project includes the following Valley Rail components:
• Stockton Diamond Grade Separation – This project will separate the north- south Union Pacific Railroad (UPRR) mainline tracks from the two east -west Burlington Northern and Santa Fe Railway (BNSF) mainline tracks.
• South Stockton Yard Crossover – This project includes multiple switches, crossovers, signaling equipment and systems, special trackwork, and other needed improvements to support the Stockton Diamond track construction. • Hydrogen F40 Locomotive Conversion – This project will convert F40 Locomotives from diesel to hydrogen hybrid propulsion to reduce emissions on the ACE and Valley Rail Corridors.

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist.2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 9
• Integrated Ticketing – This project will develop an integrated ticketing platform that seamlessly integrates ACE, San Joaquins, California High Speed Rail Authority (CHSRA), and other services into a unified platform, which supports the integrated rail operations in SJRRC and SJJPA’s Valley Rail Program and the planned Central Valley Segment of CHSRA.
• The Rail Academy of Central California (TRACC), led by SJRRC and Sacramento City College, is a workforce training program that creates employment opportunities to enhance the region’s economic growth. The funds requested are for the operation of TRACC.
• Madera High Speed Rail Station Final Design – The project will construct a new station in Madera County for California’s Interim High- Speed Rail (HSR) Service between Merced and Bakersfield. Located along Avenue 12, the station will provide Madera County with direct access to HSR service and better connect it with Fresno, the greater Central Valley region, and the rest of California. Future transit-oriented development along the Avenue 12 Corridor, together with improved transit connectivity, will ensure that Madera County can capture the full economic and environmental benefits of HSR and sustainable growth patterns. • Network Integration Planning – Funding is requested to complete service planning needed to implement and coordinate a network of bus and rail services providing connections to the SJRRC Valley Rail program in the San Joaquin Valley, which will enhance the benefits of the BRITE project.

SJ
RRC is requesting $83.9 million in grant funding for the BRITE Project. SJRRC has secured a total of approximately $420 million already for improvements included in the BRITE Project application.

The B
RITE Project is comprised of critical initiatives that are needed to achieve the goals of the Valley Rail program. Each facet of the project aligns with and supports the State of California vision and goals for zero emission transportation capabilities, strengthen local economies with job creation, and prioritize equity in transportation and access to disadvantaged and underserved communities. An award of this magnitude will greatly impact on the agency’s ability to successfully complete these much- needed improvements for passenger rail in the San Joaquin Valley and Northern California.

The C
ity of Ceres would like to thank CalSTA for its consideration and welcomes the opportunity to support SJRRC in the pursuit of this Project.

Si
ncerely,
Jav
ier Lopez
Mayor, City of Ceres
ITEM 9

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 Hearing 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.

I. BACKGROUND:

The C
alifornia 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 B
SC 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 10
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 10
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. E XISTING 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. EN VIRONMENTAL 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 10

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 Building Standards Commission Information Bulletin 22-01

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

5. Attachment E – Public Hearing Notice
ITEM 10

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

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. 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 noted below. Specifically, changes to the ordinance were 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 10

ATTACHMENT A

15.01.010 Adoption by reference of the California Building Standards Code.

The purpose of this title is to adopt by reference the 2022 edition 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.

15.01.040 Administration.

California Building Code, 2022 edition, 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.

15.02.040 Adoption by reference of the California Building Code.

In order to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area, and maintenance of all buildings and structures within the City of Ceres, the 2022 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 Commis sion 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 2022 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.

15.03.040 Adoption by reference of the California Existing Building Code.

In order to provide minimum standards to safeguard life, limb, health, property, and public welfare 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 2022 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 2022 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.

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 2022 California Residential Code, 2022 California Electrical Code, 2022 California Building Code, 2022 California Fire Code and California State Fire Marshal ITEM 10

ATTACHMENT A

Solar Photovoltaic Installation Guidelines (the "Solar Photovoltaic Installation Guideline," published April 22, 2008), and codes adopted therein by reference.

15.04.040 Solar/photovoltaic power systems.

A. Where installed. Solar photovoltaic power systems shall comply with the requirements of the 2022 California Residential Code, 2022 California Electrical Code, 2022California Building Code, 2022 California Fire Code and California State Fire Marshal Solar Photovoltaic Installation Guidelines (the "Solar Photovoltaic Installation Guideline," published April 22, 2008).

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 electrical systems within the City of Ceres, the 2022 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.

15.05.050 Article 89.108.4.1. amended; Work Not Requiring Permit.

Article 89.108.4.1of the California Electric Code is amended to add the following paragraphs:

A. 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. amended; 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, ITEM 10

ATTACHMENT A

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. When 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.

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 health, 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 2022 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 mad e a part of this chapter as though set forth in full. A true and correct copy of the 2022 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.

15.06.050 Section 103.1 of the California Plumbing Code amended; General.

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. Whenever the term "Authority Having Jurisdiction" is used in the said California Plumbing Code it shall be construed to mean the Building Official or his authorized represent ative.

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

Section 104.4.3 of the California Plumbing Code deleted.

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

Section 104.5 of the California Plumbing Code is hereby deleted.

15.07.020 Adoption by reference to the California Mechanical Code.

A. In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality ITEM 10

ATTACHMENT A

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 2022 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 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 2022 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.

15.09.020 Adoption by reference of the California Residential Code.

The purpose of the chapter is to establish minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighti ng, 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 2022 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 2022 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.

15.09.060 DELETED

15.10.020 Adoption by reference of California Green Building Standards Code.

A. In 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 2022 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 2022 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.

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ATTACHMENT A

B. Where 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.

15.11.020 Adoption by reference of California Administrative Code.

In order to regulate the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area, and maintenance of all buildings and structures within the City of Ceres, the 2022 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 2022 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, and 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.

15.12.020 Adoption by reference of California Energy Code.

In 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 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 2022 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 2022 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.

15.13.020 Historical Building Code.

In 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 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 2022 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 ITEM 10

ATTACHMENT A

Ceres, is hereby adopted and made part of this chapter as though set forth in full. A true and correct copy of the 2022 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.

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

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.

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.

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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 10
Ceres, California, Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION

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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 Man
datory 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.

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15.01.040 Administration.

California Building Code, 2022 2019 edition, 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, u
nless 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.

15.0 2.050 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 10

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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 10

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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 10

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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 10

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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. 2020-10 58 , § 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 Ad
ministration.

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 B
uilding Code Administration, unless more specific requirements are provided in this Municipal Code.

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15.04.040 Solar/photovoltaic power systems.

A. W here 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 10

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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 10
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 Ad
ministration.

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.

ITEM 10

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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.

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 10
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 h
ealth, 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.

W
henever 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 o f 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 10

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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 Ad
ministration.

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 b
e 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.

ITEM 10

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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 he
alth, 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 Ad ministration.

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 10
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. W
here 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 10
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, de
molition, 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 10
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 Ad ministration.

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 10
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 Ad ministration.

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 10
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 10
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 10

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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 10

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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.

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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 10

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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 10
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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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Ceres City CouncilJuly 22, 2024

Ceres City Council
July 22, 2024