Agenda — Ceres City Council, March 24, 2025 (part 1 of 5)

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, March 24, 2025 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: Daniel A. Martinez (District 4)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Cerina Otero (District 3)

INVOCATION
Invocation by Dick Conners, Ceres First Baptist Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/83091290582?pwd=drpiDBEUJR2m3AmVCkXys4YCpYAY4q.1 Webinar ID: 830 9129 0582; Passcode: 908551; 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
March 24, 2025

Page 2 ends

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. Women’s History Month Proclamation

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

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

CONFLICT OF INTEREST DECLARATION

APPOINTMENTS TO BOARDS/COMMISSIONS

B. Measure “H” Citizens’ Oversight Committee Appointment Process

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 March 24, 2025, City Council Meeting was Posted on Wednesday, March 19, 2025. (City Clerk)

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

3. Approval of Minutes for the March 10 , 2025 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand (s) Dated January 29 , 2025, through February 18 , 2025. (Esenwein)

5. Resolution No. 2025-XXX, Appointing the Interim Chief of Police as a City of Ceres Representative on the Modesto-Ceres Fire Protection Agency JPA Oversight Committee. (Johnson)

AGENDA
Regular City Council Meeting
March 24, 2025

Page 3 ends

6. Resolution No. 2025-XXX, Authorizing the City Manager to Accept a Donation of a Police Canine and Complete the Transfer of Ownership of the Police Canine from the Ceres Police Canine Association to the City of Ceres. (Johnson)

7. Resolution No. 2025 -XXX, Approving a Three -Year Agreement with Albonetti Investigations to Provide Pre -Employment Background Investigations for Sworn and Non-Sworn Staff. (Johnson)

8. Resolution No. 2025-XXX, Approving a Contract with the Department of California Highway Patrol for Their Use of the Police Department Range for a Term of Three (3) Years. (Johnson)

9. Resolution No. 2025-XXX, Approving an Agreement with CivicPlus NextRequest for Public Records Request Management Software and Authorizing the City Manager to Execute the Agreement. (City Clerk)

10. General Correspondence – Information Only
a. Public Works Monthly Report for February 2025. (Royal)

11. Resolution No. 2025-XXX, Approving a Construction Contract for the Third Street Storm Drain Repair Project with United Pavement Maintenance, Inc., Authorizing a 10% Contingency, Authorizing a Budget Amendment , and Authorizing the City Manager to Execute the Contract. (Royal)

12. Resolution No. 2025-XXX, Approving the Subdivision Improvement Agreement and Recordation of the Subdivision Map for the Whitmore Avenue Retail Subdivision, Authorizing the City Clerk to Certify the Final Map for the Whitmore Avenue Retail Subdivision on Behalf of the City of Ceres, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement for the Whitmore Avenue Retail Subdivision. (Beltran)

13. Resolution No. 2025-XXX, Approving a Three-Year Agreement with Ceres Youth Baseball for the Use of Costa Fields Baseball Complex and Authorizing the City Manager to Execute the Agreement. (Chavez)

14. Resolution No. 2025-XXX, Accepting the Richland Sanitary Sewer Replacement Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Authorizing the Release of the Remaining Retention to the Contractor. (Beltran)

15. Resolution No. 2025-XXX, Approving an Investment Resolution with US Bank for the City of Ceres. (Esenwein)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

AGENDA
Regular City Council Meeting
March 24, 2025

Page 4 ends

UNFINISHED BUSINESS

None

PUBLIC HEARING
16a. Resolution No. 2025-XXX, Adopting the Initial Study for the 2023-2031 Housing Element of the General Plan. (Simvoulakis)

16b. Resolution No. 2025 -XXX, Adopting a General Plan Amendment to Repeal the 2015-2023 Housing Element and Adopting the 2023-2031 Housing Element of the General Plan in Compliance with State Housing Element Law. (Simvoulakis)

17. Ordinance No. 2025-XXXX, An Ordinance of the City Council of the City of Ceres, Adding Chapter 43 Regional Housing Needs Assessment Overlay District (RHNAOD) to Title 18 of the Ceres Municipal Code. (Simvoulakis)

NEW BUSINESS

None

DISCUSSION ITEMS

None

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

None

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

• Mayor
• City Council
• City Manager
• City Attorney
• Departments

CLOSED SESSION

18. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford and Human AGENDA
Regular City Council Meeting
March 24, 2025

Page 5 ends

Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers
Under Negotiations: Price and/or terms of payment

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on April 14, 2025 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 off ice 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, March 19, 2025, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

DECLARING MARCH 2025 AS
WOMEN’S HISTORY MONTH
WHE
REAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; and
WHE
REAS, American women have played and continue to play critical economic, cultural, and social roles in every sphere of life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; and
WHE
REAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; and
WHE
REAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement and have served our country courageously in the military; and WHE
REAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which created a more fair and just society for all; and
WHE
REAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history.

NOW
THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Daniel A. Martinez, Councilmembers James Casey, Rosalinda L. Vierra, and Cerina Otero, in recognition of the significant role played by women, whose courage and vision inspire hope and possibility for today’s women to make tomorrow’s history, thereby proclaim the month of March 2025 as National Women’s History Month in the City of Ceres.

Proclaimed this 24th day of March 2025
__
_________________________
Javier Lopez, Mayor
ITEM A
ITEM A

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 24, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Measure “H” Citizens’ Oversight Committee Appointment Process RECOMMENDED COUNCIL ACTION:

S
taff recommends City Council create a sub- committee consisting of two members of council to conduct interviews and provide a recommendation on who to appoint to the Measure “H” Citizens’ Oversight Committee.

I. BACKGROUND:

T
he Measure “H” Citizens’ Oversight Committee has three vacancies, all of which will expire June 30, 2025. A notice of vacancies will be published in the Ceres Courier on April 2, 2025, and again on April 16, 2025. Applications will be posted on the City’s website and will also be advertised on various department’s social media pages. The final filing date to apply is Wednes day, April 30, 202 5. Per Ceres Municipal Code (CMC) 3.03.160(B) it states, “ Members of the Citizens’ Oversight Committee shall be appointed by the City Council. Additionally, CMC 3.03.160(B)(2) states, “All applications will be reviewed by the City Council, which will have the authority to make all final decisions on Committee representation, subject to these guidelines.”
P
rior Council practice has been the mayor, and a member of the council conducts the interviews of the applicants which would occur prior to the start of a council meeting.

Following the interviews, the mayor would bring back recommendations to the full council for consideration at the next meeting. Interviews are tentatively scheduled for Monday, May 12, 2025.

II. REASONS FOR RECOMMENDATION:

The Ceres Municipal Code specifies the members of the Measure “H” Citizens’ Oversight Committee shall be appointed by the City Council.

ITEM B
III. FISCAL IMPACTS:

N/A
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:

If the Council maintains the same appointment process, Mayor Lopez and the appointed councilperson will review applications with interviews tentatively scheduled for Monday, May 12, 2025.

Mayor Lopez will recommend appointments to the Measure “H” Citizens’ Oversight Committee, pending approval of the City Council.

Each appointment will be a three-year term, effective July 1, 2025, through June 30, 2028.

All applicants that are appointed shall comply with the following (within 30 days of appointment):
• File a Statement of Economic Interests (Form 700)
• Comply with AB 1234 – Ethics Code
Approv
ed by: _____________________
Douglas D. Dunford,
City Manager
ITEM B

DRAFT

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
Ci
ty Council Chambers, 2701 Fourth Street
Monday, March 10, 2025 at 6:00 p.m.

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

CALL TO ORDER
May
or Lopez called the March 10, 2025, meeting to order at 6:00 p.m.

ROLL CALL – Present:

May
or: Javier Lopez
Vice Mayor: Daniel A. Martinez (District 4)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Cerina Otero (District 3)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 3
Councilmember
Otero
District 4
Vice Mayor
Martinez
Mayor Lopez
Present Present Present Present Present

INVOCATION
Inv
ocation by Jerry Swain, New Vision Christian Center.

PLEDGE OF ALLEGIANCE
Pl
edge of Allegiance was led by Mayor Lopez.

PRESENTATIONS
None
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
Kat
herine Reeves spoke regarding carports in driveways.

Mi
lt Trieweiler spoke regarding housing and farmland in the Central Valley.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 10, 2025

Page 2 ends

John Warren spoke regarding notifications for meetings.

CONFLICT OF INTEREST DECLARATION

N
one

APPOINTMENTS TO BOARDS/COMMISSIONS

N
one

CONSENT CALENDAR

1. Clerks Report of Posting. The agenda of the March 10, 2025, City Council Meeting was Posted on Wednesday, March 5, 2025. (City Clerk)

3. Approval of Minutes for the January 27, 2025, Regular City Council Meeting. (City Clerk)

4. Approval of Minutes for the February 10, 2025, Regular City Council Meeting. (City Clerk)

5. Removed for separate consideration.

6. General Correspondence – Information Only
a. Public Works Monthly Report for January 2025. (Royal)

7. Removed for separate consideration.

8. Resolution No. 2025-018, Authorizing the City Manager to Accept a Donation of a Chrysler Van for Police Department Operations and Complete the Transfer of Ownership from the Stanislaus County Sheriff’s Office to the City of Ceres. (Johnson)

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving items 1-4, 6, and 8. Motion carried 5/0/0/0 by the following roll call vote:

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 10, 2025

Page 3 ends

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 5:

Removed for separate consideration by Councilmember Vierra

Councilmember Vierra inquired about Union Pacific invoices.

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

Council and staff discussion included payment timing on Union Pacific invoices and Measure L budget.

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

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

Item 7: Removed for separate consideration by Councilmember Casey

Resolution No. 2025-XXX, Approving a Five-Year Agreement with NetFile, Inc. for Electronic Filing of Campaign Statements, Statements of Economic Interests (Form 700), and AB 1234 Ethics Training and Authorizing the City Manager to Execute the Agreement. (City Clerk)

Councilmember Casey spoke regarding the cost of the program, the City’s financial audit, and financial status.

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

Council and staff discussion included funding for the agreement, what the program offers, length of the agreement and status of the City’s financial audit.

Action: Motion by Mayor Lopez, seconded by Councilmember Vierra , to table item 7. Motion carried 5/0/0/0 by the following roll call vote:

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 10, 2025

Page 4 ends

UNFINISHED BUSINESS

N
one

PUBLIC HEARING

None

NEW BUSINESS

None

DISCUSSION ITEMS

N
one

COUNCILMEMBER REFERRALS

9. S
trategic Plan Update
(Requested by Councilmember Otero at the January 13, 2025, Regular City Council Meeting)

Councilmember Otero introduced the item.

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

Council provided consensus for staff to bring back an item on a future agenda for plans to conduct a Strategic Plan Update to explore options to increase communications related to public hearings. (5/0)

10. Create a Committee to Review the Modesto Fire Contract (Requested by Councilmember Casey at the January 13 , 2025, Regular City Council Meeting)
`
Councilmember Casey introduced the item.

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

Council and staff discussion included the timeline of staff reviewing the contract, committee structure, public participation, special meeting or workshop and Measure H.

Council provide d consensus for staff to conduct a workshop on renewing the Modesto Fire contract. (4/1
 No = Martinez)
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 10, 2025

Page 5 ends

11. Service Groups and Students to Lead Flag Salute
(Requested by Councilmember Otero)

Councilmember Otero introduced the item.

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

Gene Yeakley spoke in favor of getting children involved with conducting the flag salute.

John Warren spoke regarding a parent accompanying a child and having them stay throughout the meeting.

Shirley Rogers spoke regarding students in civics classes and/or clubs.

Mayor closed public comment.

Council and staff discussion included structure and logistics of the program, liability, and importance of involving the youth.

Council provided consensus for staff to bring back an item on a future agenda detailing the program for conducting the flag salute. (4/1  No = Martinez)

REPORTS

•
Mayor

Nothing to report.

• City Council

Councilmember Vierra spoke regarding the youth leadership high school speech and art contest and the Stanislaus Homeless Alliance.

Councilmember Otero spoke regarding speeding on Eastgate Blvd.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 10, 2025

Page 6 ends

Community Development Director, Lea Simvoulakis, spoke regarding Stanislaus County Consolidated Plan Survey and the letter of performance on the Housing Element.

CLOSED SESSION

12. C
onference 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: 1 case

13. C onference with Labor Negotiators , Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers
Under Negotiations: Price and/or terms of payment

Mayor Lopez introduced the Closed Session items.

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

REPORT FROM CLOSED SESSION

Ite
ms 12 and 13:
• Mayor Lopez stated there was nothing to report out.

ADJOURNMENT

The next scheduled City Council Meeting will be held on March 24, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

T
here being no further business, Mayor Lopez adjourned the meeting at 8:26 p.m.

______________________________
Javier Lopez, Mayor

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 10, 2025

Page 7 ends

______________________________
Fallon Martin, City Clerk

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

ITEM 3
ITEM 3

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 24, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5764
SUBJECT: Register of Audited Demand(s) Dated January 29, 2025 through February 18, 2025
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated January 29, 2025 through February 18, 2025 covering obligations to be paid by general warrants in the amount of $2,569,472.40 I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented here with a summary of demands against the City of Ceres covering obligations to be paid for the period ending January 29, 2025 through February 18, 2025.

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.

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 2024-25 ITEM 4
budget. There is a $2,569,472.40 fiscal impact for the period of January 29, 2025 through February 18, 2025.

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. Attachment A – Warrant Register January 29, 2025 through February 18, 2025 ITEM 4
3/10/2025
1 Date
MARCH 2025 DENTAL PREMIUMS 10,520.96
Total: 10,520.96
02/26/25 DELTA DENTAL OF CALIFORNIA
REFUND OVERPMT CLAIM FR250366 E. SOUZA 1,433.38
Total: 1,433.38
02/26/25 CSJVRMA
JAN 25 TURLOCK SEWER USE CHARGES 1/1-1/31/25 82,227.16
Total: 82,227.16
02/26/25 CITY OF TURLOCK
270.00
02/26/25 CITY OF MODESTO 12/31-1/31/25 NORTH CERES SEWER SRVCS FY24/25 HOSM 142,383.12 Total: 142,383.12
Total: 1,020.23
02/26/25 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
SOCIAL SECURITY ADMIN 218 ANNUAL FEE 270.00
Total:

Total: 536.46
02/26/25 AASIM PROPANE & GAS CORPORATION PROPANE FOR OFFICE WW 1,020.23 1/2 YD CONCRETE FOR CORP YARD STORM DRAIN PROJECT 167.98 5 YARDS OF SAND 368.48
02/26/25 CALIFORNIA LANDSCAPE SUPPLY, INC.
'23-'25 ONLINE DRIVER'S ED CLASSES 559.88
Total: 559.88
02/26/25 BAY AREA DRIVING SCHOOL, INC.

JAN 25 PHONE SVCS - SHORETEL 5,055.96
Total: 5,055.96
02/26/25 AT&T
PEST CONTROL SERVICES FOR CITY 6,505.00
Total: 6,505.00
02/26/25 ANIMAL DAMAGE MANAGEMENT INC
FEB 25 SCADA MANAGED BACKUPS 273.82
Total: 273.82
02/26/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC
ACA REPORTING 1095-C PRINT AND FULFILLMENT 903.20
Total: 903.20
02/26/25 ACCORD SYSTEMS, LLC
FUEL FILTER FOR STREETS PATCH TRUCK 267.08
Total: 267.08
02/26/25 A & B TRUCK PARTS, INC
Vendor Name Invoice Description Amount
Voucher List
City of Ceres

ATTACHMENT A
ITEM 4
3/10/2025
2 Date Vendor Name Invoice Description Amount Voucher List
City of Ceres
CUSTODIAL SUPPLIES 666.47
Total: 666.47
02/26/25 IMPERIAL BAG & PAPER CO. LLC
PROPANE 53.95
Total: 53.95
02/26/25 HUNT OIL OF CALIFORNIA
SHOVEL/ PROBE FOR J.THOMAS WORK TRUCK 120.12
Total: 1,675.21
IRRIGATION PARKS 674.14
TRUNK PROTECTOR, SAW BLADES 880.95
02/26/25 HERITAGE LANDSCAPE SUPPLY GROUP, INC
468.54
02/26/25 HAO VAN LE MONTHLY LAB ANALYSIS FEB 125.00
Total: 125.00
Total: 283.58
02/26/25 GREEN RUBBER-KENNEDY AG FLUSHING TRUCKS LEADRER HOSES 468.54 Total:

Total: 526.21
02/26/25 GRAINGER ELECTRICAL SAFTY GLOVES 283.58

4.05 TONS OF ASPHALT FOR CITY WIDE PATCHING 381.71

1.46 TONS OF ASPHALT FOR CITY WIDE PATCHING 144.50
02/26/25 GEORGE REED, INC.

MARCH 2025 MEDICAL/VISION PREMIUMS 266,558.43
Total: 266,558.43
02/26/25 FIRE RISK MANAGEMENT SERVICES
PVC, GALV, FITTINGS FOR WELLS 117.53
Total: 748.50
Total: 270.00
02/26/25 FERGUSON ENTERPRISES, INC MEASURE WHEEL 107.84 SEWER PIPE & FITTINGS 523.13
PM ELEVATOR SERVICE CCC 135.00
PM ELEVATOR SERVICE PD 135.00
02/26/25 ELEVATOR TECHNOLOGY, INC.

WINDOW & REGULAR ENVELOPES FOR PD & CODE 2,472.74
Total: 2,472.74
02/26/25 DITTOS COPY CENTER, INC.

ATTACHMENT A
ITEM 4
3/10/2025
3 Date Vendor Name Invoice Description Amount Voucher List
City of Ceres
204.63
02/26/25 ODP BUSINESS SOLUTIONS, LLC ENVELOPES FOR PROPERTY, PENS ETC FOR RECRUITS 137.80 Total: 137.80
Total:

Total: 1,476.59
02/26/25 O'REILLY AUTO PARTS FILTERS FOR PATCH TRUCK 162.36 BELT FOR CONCRETE GRINDER STREETS DEPT 42.27
TRAFFIC SIGNAL BBS BATTERIES 1,187.60
10 BATTERIES 288.99
02/26/25 MODESTO BATTERY COMPANY & SUPPLIES, INC.
2/10/25 UNIFORM SERVICES FACILITIES 35.98
Total: 358.05
2/17/25 UNIFORM SERVICE STREETS 171.79
2/17/25 UNIFORM SERVICE PARKS 60.30
2/17/25 MATS FOR PW ADMIN BUILDING 10.00
2/17/25 UNIFORM SERVICE WASTEWATER 79.98
02/26/25 MISSION LINEN SUPPLY
HUDSON: PER DIEM TACT COMMANDER CLASS 3/17/2025 473.00
Total: 473.00
02/26/25 T. HUDSON
VIERRA: PER DIEM TACT COMMANDER CLASS 03/17-21/25 473.00 Total: 473.00
02/26/25 M. VIERRA
BLOUNT:PER DIEM SWAT TEAM LEADER CLASS 03/17-21/25 473.00 Total: 473.00
02/26/25 J. BLOUNT
WASHING MACHINE REBATE @ 2209 PROMENADE LN 75.00
Total: 75.00
02/26/25 EDGAR TORRES
C.AGUILAR: PER DIEM/MILEAGE 25 CPRS CONF & EXPO 497.18
Total: 497.18
02/26/25 C. AGUILAR
FY25 SB90 ANNUAL CLAIMS Q2 1,625.00
Total: 1,625.00
02/26/25 MGT IMPACT SOLUTIONS, LLC

ATTACHMENT A
ITEM 4
3/10/2025
4 Date Vendor Name Invoice Description Amount Voucher List
City of Ceres
PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION 9,200.00 Total: 9,200.00
02/26/25 SNS AUTOMATION
FEB 2025 STANDARD PYMNT 8 COPIERS 1 PRINTER 1,219.00
Total: 1,219.00
02/26/25 SHARP ELECTRONICS CORPORATION
2/14/25 RECREATION STAFF UNIFORMS 323.21
Total: 323.21
02/26/25 SHANE PARSON
SENSUS CUSTOMER WATER METER PORTAL 7,462.82
Total: 7,462.82
02/26/25 SENSUS USA INC
114.19
Total: 511.60
979.76
02/26/25 SAFE T LITE OF MODESTO INC TOOLS FOR ROB 123.06 WELL SIGN/ BATTERY 274.35

RUBER GLOVES/ KNEE PADS
Total:

Total: 627.00
02/26/25 RECOLOGY BLOSSOM VALLEY ORGANICS COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 612.82 COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 366.94
PAD LOCKS FOR WATER DEPT. 486.80
PAD LOCKS 140.20
02/26/25 R&H WHOLESALE SUPPLY, INC
479.81
02/26/25 QUADIENT, INC. 03/14-06/13/25 POSTAGE MTR RNTL & ONLINE RATE MAIN 173.79 Total: 173.79
Total: 3,730.38
02/26/25 PUMPTECH HOLDINGS, LLC HEADWORKS FRESH WATER PUMP REPAIR PARTS 479.81 Total:

Total: 79.86
02/26/25 PRICE FORD OF TURLOCK, INC. STERRING PARTS FOR PD EXPLORER UNIT 10-111 3,730.38 NOTEBOOK DIVIDERS, COPY PAPER 67.84
PLASTIC KEY RING TAGS 12.02
02/26/25 ODP BUSINESS SOLUTIONS, LLC

ATTACHMENT A
ITEM 4
3/10/2025
5 Date Vendor Name Invoice Description Amount Voucher List
City of Ceres
370.46
Total: 89,446.40
02/26/25 ULINE, INC PLAYGROUND STEAL SET UP 370.46
Total:

Total: 2,475.00
02/26/25 TURLOCK IRRIGATION DISTRICT JAN 07 - FEB 07 2025 TID ELECTRICITY SVCS 89,446.40 ON-CALL SUPPORT FOR BUILDING & FIRE FEES-JAN.25 2,392.50 ON-CALL SUPPORT-ACCELA - NOV.24 82.50
02/26/25 TRUEPOINT SOLUTIONS, LLC.

TCP HARDWARE SUPPORT & MAINTENANCE 8,576.47
Total: 8,576.47
02/26/25 TIMECLOCK PLUS
115.40
02/26/25 THE SHERWIN-WILLIAMS CO. STORE #8149 PAINT 26.34 Total: 26.34
Total: 6,038.76
02/26/25 STANISLAUS FOUNDATION DENTAL CARE TRUST

ACCOUNT
DENTAL CLAIMS PAID FEB 2025 115.40
Total:

FERTILIZER FOR ALL PARKS 1,941.62
CHEMICAL SPRAY FOR WEEDS WELLS 303.45
Total: 1,202.00
02/26/25 STANISLAUS FARM SUPPLY INC FERTILIZER FOR PARKS 1,901.85 FERTILIZER RIVERBLUFF PARK 1,891.84
BUSNESS PLAN FEE/ CUPA FS #3 FA0000297 286.00
BUSNESS PLAN FEE/ CUPA FS #4 FA0001480 344.00
BUSINESS PLAN FEE/ CUPA FA# 1 FA0001844 286.00
BUSNESS PLAN FEE/ CUPA FA#2 FA0000298 286.00
02/26/25 STANISLAUS COUNTY DEPT OF ENVIRONMENTAL

RESOURCES
MARCH 2025 BASIC/VOLUNTARY LIFE INSURANCE 3,133.20
Total: 3,133.20
02/26/25 STANDARD INSURANCE

ATTACHMENT A
ITEM 4
3/10/2025
6 Date Vendor Name Invoice Description Amount Voucher List
City of Ceres
SPLIT WIRE LOOM SLEVE 10.83
Total: 29.13
ZIP TIE MOUNTS 7.58
ZIP TIE MOUNTS 10.72
03/04/25 AMAZON CAPITAL SERVICES, INC.

COPPER TRAILS MASTER PLAN - PROF. SVCS. JAN. 25 3,444.21 Total: 26,195.46
COPPER TRAILS MASTER PLAN - PROF. SVCS. NOV. 24 11,908.75 COPPER TRAILS MASTER PLAN - PROF. SVCS. DEC.24 10,842.50 02/26/25 WOOD RODGERS, INC.
#10 BLANK WINDOW ENVELOPES FOR PAYROLL 319.71
Total: 319.71
02/26/25 WILLEY PRINTING CO., INC.

DEC24 CODE ENF LEGAL SERVICES 34.64
Total: 25,956.59
DEC24 CONTRACTS LEGAL SERVICES 1,559.02
DEC24 HR LEGAL SERVICES 126.08
DEC24 TOW ONE V CERES LEGAL SERVICES 9,547.13
DEC24 LITIGATION LEGAL SERVICES 2,286.57
DEC24 GENERAL LEGAL SERVICES 10,116.58
DEC24 CANNABIS LEGAL SERVICES 2,286.57
02/26/25 WHITE BRENNER LLP
ARPA GRID PRUNE PROGRAM FY24/25 31,518.40
Total: 31,518.40
02/26/25 WEST COAST ARBORISTS, INC.
883.68
02/26/25 VERIZON WIRELESS JAN 5 FEB 4 2025 PHONE SVCS 3,104.74 Total: 3,104.74
Total: 2,091.16
02/26/25 VALLEY TIRE SALES, INC. 2 TIRES FOR POLICE DEPT. 883.68 Total:
522.79
FENCE RENTAL AT ROCKAFELLER 522.79
02/26/25 UNITED SITE SERVICES FENCE RENTAL AT ROCKAFELLER 522.79 FENCE RENTAL AT ROCKAFELLER 522.79

FENCE RENTAL AT ROCKAFELLER

ATTACHMENT A
ITEM 4
3/10/2025
7 Date Vendor Name Invoice Description Amount Voucher List
City of Ceres
482.10
Total: 274.27
03/04/25 CHOICE ELECTRIC, INC CABINET LIGHT FOR WELL 38 482.10 Total:

Total: 641.04
03/04/25 CHARTER COMMUNICATIONS 2/1-2/28 SCADA INTERNET WATER DEPT. 274.27 CONCRETE WELL #22 HYDRANT PLACEMENT 170.69
SAND FOR WHITMORE LEAK REPAIR 156.06
1/4 YARD OF CONCRETE FOR CITY PATCHING 135.47
NEEL PARK BENCH PAD 178.82
03/04/25 CALIFORNIA LANDSCAPE SUPPLY, INC.
5,284.00
03/04/25 BSK ASSOCIATES WATER QUALITY SAMPLES 885.00
Total: 885.00
Total:

Total: 5,755.00
03/04/25 BRIAN ALBONETTI PRE-EMPLOYMENT BACKGROUND - WALL & KENT 3,477.72 PRE-EMPLOYMENT BACKGROUND - HUFF 1,806.28
JAN 25 STORM DRAIN MASTER PLAN FY18 115.00
SDMP CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARA 5,640.00 03/04/25 BLACK WATER CONSULTING ENGINEERS, INC
WINTER 25 VIRTUAL DRIVER'S ED CLASS 164.50
Total: 164.50
03/04/25 BAY AREA DRIVING SCHOOL, INC.

ALARM SYSTEM & MONITORING SYSTEM 3/01/-5/31/25 1,747.95 Total: 1,747.95
03/04/25 BAY ALARM COMPANY
01/13-2/12/2025 CLETS LINE 294.59
Total: 294.59
03/04/25 AT&T
FIRE TRAINING FACILITY PH 3 TACTICAL TWR ARGMNT 470,187.77 Total: 470,187.77
03/04/25 AMERICAN FIRE TRAINING SYSTEMS INC

ATTACHMENT A
ITEM 4
3/10/2025
8 Date Vendor Name Invoice Description Amount Voucher List
City of Ceres
SAFETY HARNESSES/ LANYARDS 517.88
Total: 2,677.10
Total: 518.40
03/04/25 GRAINGER SAFETY HARNESSES 1,079.61
SAFETY HARNESSES 1,079.61
WELL 16 NITRATE SAMPLES 37.80
NITRATE SAMPLES 42.80
MONTHLY LAB ANALYSIS FEB 25 115.00
NITRATE SAMPLES 42.80
Total: 2,919.69
03/04/25 GEOANALYTICAL LABORATORIES, INC TURLOCK EXPORT ANALYSIS FEB 25 #2 140.00 TURLOCK EXPORT ANALYSIS FEB 25 #1 140.00
PIPE FOR CORP YARD STORM DRAIN 636.55
BACKFLOW DEVICE 2,283.14
03/04/25 FERGUSON ENTERPRISES, INC
FEB 2025 ACCOUNTING CONSULTING SRVCS 7,795.50
Total: 7,795.50
03/04/25 EIDE BAILLY LLP
K9 TRACKING PLATFORM 522.00
Total: 522.00
03/04/25 EDEN K9 CONSULTING & TRAINING CORP.

JANUARY MONTHLY SAFETY MAINTENANCE CONTRACT 1,050.00
Total: 1,050.00
03/04/25 DU-ALL SAFETY, LLC
MARCH 25 JANITORIAL SVCS COMM CNTR 5,515.25
Total: 5,515.25
03/04/25 DAVID LANGLEY INC.

ACADEMY RECRUIT UNIFORM - SINGH 1,100.26
Total: 2,380.11
207.94
ACADEMY RECRUIT UNIFORM - MENDOZA 1,034.89
03/04/25 CRESCENT SUPPLY NEW HIRE UNIFORM - BERRIATUA - PANTS - CREDIT -155.68 NEW HIRE - HAT - BERRIATUA 192.70

NEW HIRE - HAT - HENN

ATTACHMENT A
ITEM 4
3/10/2025
9 Date Vendor Name Invoice Description Amount Voucher List
City of Ceres
Total: 550.88
2/10/25 UNIFORM SERVICES WATER 190.42
2/24/25 UNIFORM SERVICES WTR/ WTR CONSERVATION 81.98
2/17/25 UNIFORM SERVICES FACILITIES 35.98
2/24/25 UNIFORM SERVICES FACILITIES 74.70
2/24/25 UNIFORM SERVICES WASTEWATER 72.98
2/17/25 UNIFORM SERVICES FLEET 32.39
2/24/25 MATS FOR PW ADMIN BUILDING 10.00
2/24/25 UNIFORM SERVICES STREETS 52.43
03/04/25 MISSION LINEN SUPPLY
S. ROYAL 3-18-3/20 PER DIEM CONFERENCE 256.00
Total: 256.00
03/04/25 S. ROYAL
PER DIEM - PLANNING COMM. ACADEMY-MAR.25 408.80
Total: 408.80
03/04/25 J. AGUIRRE
REIMBURSEMENT FOR UBER AT SD CONFERENCE 52.92
Total: 52.92
03/04/25 A. HERNANDEZ
JAN 24 MORGAN RD STORM DRAIN(PROJ #2408)RESO24-143 147,883.64 Total: 147,883.64
03/04/25 MID-CAL PIPELINE & UTILITIES
953.10
03/04/25 MGT IMPACT SOLUTIONS, LLC FY25 SB90 ANNUAL CLAIMS 3,250.00 Total: 3,250.00
Total: 234.00
03/04/25 M&G-4 13 INC. 3/14/25 SENIOR BREAKFAST EVENT 953.10 Total:

Total: 3,806.37
03/04/25 JANA KIRCHERT 2/18-27/25 GET FIT/ZUMBA GOLD CLASSES 234.00 CUSTODIALN SUPPLIES FOR COSTA 2,584.89
CUSTODIAL SUPPLIES FS 1 1,221.48
03/04/25 IMPERIAL BAG & PAPER CO. LLC
TIRE SENSOR FOR STOCK 135.95
Total: 135.95
03/04/25 HAIDLEN FORD

ATTACHMENT A
ITEM 4
3/10/2025
10 Date Vendor Name Invoice Description Amount Voucher List
City of Ceres
SCREWS RETURNED FROM ORIGINAL INV# 37929 -10.58
TIRE SENSOR FOR PD UNIT 10-102-21 203.92
BELTS AND SEALS FOR PARKS 67.65
PARTS FOR RETURN -227.59
NUT FOR EXAUST ORIGINAL INV #38253 -6.91
CROSS BAR PROTECTOR FOR PD 394.28
RADIATOR BRACKET RETURN -18.38
03/04/25 PRICE FORD OF TURLOCK, INC.

OFFICE SUPPLIES - TONER & PENCILS 143.85
Total: 143.85
03/04/25 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES - ENVELOPES & COPY PAPER 199.61
Total: 199.61
03/04/25 ODP BUSINESS SOLUTIONS, LLC
BATTERY CORE CREDIT -22.00
Total: 851.64
BATTERY FOR FACILITY VAN 215.33
TOOL PULLER 57.43
RETURN CREDIT FOR PULLER -82.35
TIRE SENSOR 59.66
MOTOR OIL 238.40
TIRE SENSOR FOR PD UNIT 10-223-20 79.63
TIRE SENSOR 59.63
BATTERY AND BATTERY CORE CHARGE 245.91
03/04/25 O'REILLY AUTO PARTS

49.58 03/04/25 NATIONAL BUSINESS FURNITURE LLC FURNITURE FOR CODE ENFORCEMENT 3,242.68 Total: 3,242.68
Total: 2,403.24
03/04/25 MODESTO WINDUSTRIAL CO SAW BLADES FOR SERVICE TRUCK 49.58 Total:
03/04/25 MODESTO BATTERY COMPANY & SUPPLIES, INC. TRAFFIC SIGNAL BBS BATTERIES 2,403.24

ATTACHMENT A
ITEM 4
3/10/2025
11 Date Vendor Name Invoice Description Amount Voucher List
City of Ceres
PAINT FOR CITY HALL 296.55
Total: 296.55
03/04/25 THE SHERWIN-WILLIAMS CO. STORE #8149
TRAFFIC SIGNAL BBS BATTERIES 5,071.95
Total: 5,071.95
03/04/25 TESCO CONTROLS, LLC
NO PARKING SIGN 337.38
Total: 655.49
SAFETY VEST 80.25
3 TRAFFIC SIGNS 237.86
03/04/25 SAFE T LITE OF MODESTO INC
JAN 25 SEWER REHAB PROJ (LUCCESSI LN) AGRMNT NO.#2 810.00 Total: 810.00
03/04/25 RIVER CITY GEOPROFESSIONALS, INC.

FEB 25 ACCIDENT/ILLNESS/HOSPITAL PREMS #0073144-7 1,804.04 Total: 1,804.04
03/04/25 RELIASTAR LIFE INSURANCE COMPANY
TOOLS FOR WORK TRUCK ARMANDO 193.17
Total: 2,472.62
GRINDER AND TOOLS FOR JOHN G WORK TRUCK 447.16
TOOLS FOR WORK TRUCK 554.09
TOOLS FOR WORK JT TRUCK 994.14
TOOLS FOR JT WORK TRUCK 284.06
03/04/25 RAYCO INDUSTRIAL SUPPLY INC
WELL 41 TREATMENT 4,797.50
Total: 4,797.50
03/04/25 PUMPTECH HOLDINGS, LLC
JAN 25 WELL 22 GRANULAR ACTIVATED CARBON(GAC)RMVL 395.20 Total: 395.20
03/04/25 PROVOST AND PRITCHARD ENGINEERING, INC
MOLDING RIVET 21.15
Total: 205.44
OIL SEPRATOR RETURN FROM ORIGINAL INV #40456 -218.10

ATTACHMENT A
ITEM 4
3/10/2025
12 Date Vendor Name Invoice Description Amount Voucher List
City of Ceres
Total: 2,530.62
Vouchers in this report Total vouchers: 1,569,622.00
OCT 24 WHITMORE PARK GAZEBO PLANS & SPECS UPGRADE 645.00 JAN 25 MOFFETT RD REHAB PROJ AGRMNT/SWR RPLMNT 1,146.62 DEC 24 WHITMORE PARK GAZEBO PLANS & SPECS UPGRADE 654.00 NOV 24 WHITMORE PARK GAZEBO PLANS & SPECS UPGRADE 85.00 03/04/25 WESTWOOD PROFESSIONAL SERVICES
911.59
03/04/25 THE WARDEN'S OFFICE INC. CUBICLES FOR CITY HALL ANNEX RESO#2024-134 FY24/25 108,758.26 Total: 108,758.26
Total:

Total: 359.17
03/04/25 VALLEY TIRE SALES, INC. 6TIRES FOR PD UNITS 10-11-21/10-104-21 869.42 TIRE REPAIR FOR STREETS 42.17
VET SERVICES - K9 VEKO 79.00
VET SERVICES - K9 ODIN 79.62
VET SERVICE - K9 FIONA 164.30
VET SERVICES - K9 FIONA 36.25
03/04/25 VALLEY CRITTER CARE, INC
GRAFFITI ABATEMENT - CODE AND PARKS 1,360.00
Total: 1,360.00
03/04/25 TROY E. SLAYBAUGH
3/4 REGISTERS 7,808.78
Total: 7,808.78
03/04/25 THIRKETTLE CORPORATION

ATTACHMENT A
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 24, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Trenton Johnson, Interim Police Chief
[email protected], (209) 538-5743
SUBJECT: Resolution No. 2025-XXX, Appointing the Interim Chief of Police as a City of Ceres Representative on the Modesto -Ceres Fire Protection Agency JPA Oversight Committee
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council appoints the Interim Chief of Police as a City of Ceres representative on the Modesto-Ceres Fire Protection Agency JPA Oversight committee.

I. BACKGROUND:

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

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

Meetings are held twice a year.

II. REASONS FOR RECOMMENDATION:

The City of Ceres representative currently serving as Acting President is the Ceres City Manager. Former Chief of Police, Chris Perry was appointed in February 2024 to serve as the other City of Ceres representative. Chief
Perry’s position on the committee has
been vacant since his retirement in January 202 5. It is recommended that Interim Chief Trenton Johnson fill this vacant position. This appointment must be approved by the Ceres City Council.

ITEM 5
III. FISCAL IMPACTS:

There are no fiscal impacts associated with this appointment.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

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

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

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

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

1. Attachment A – Resolution
ITEM 5
RE
SOLUTION NO. 2025-XXX
AP

POINTING THE INTERIM CHIEF OF POLICE AS A

CITY OF CERES REPRESENTATIVE ON

THE MODESTO-CERES FIRE PROTECTION AGENCY JPA

OVERSIGHT COMMITTEE
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the Modesto -Ceres Fire Protection Agency functions to provide continuing fire protection and administrative services in those areas within the boundaries of the Industrial Fire District, which includes the cities of Modesto and Ceres; and
W
HEREAS, the Committee consists of five (5) Board members, which includes three (3) representatives from the City of Modesto and two (2) representatives from the City of Ceres; and
W
HEREAS, the former Chief of Police retired in January 2025 , leaving a vacant spot on the committee; and
W
HEREAS, Committee member appointments and removals must be approved by resolution of their respective governing bodies.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby appoint s the Interim Chief of Police as a City of Ceres representative on the Modesto-Ceres Fire Protection Agency JPA Oversight Committee.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of March 2025, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
__________________________________
Javier Lopez, Mayor
A
TTEST:
___
____________________________
Fallon Martin, City Clerk

ATTACHMENT A
ITEM 5
ITEM 5

COUNCIL AGENDA REPORT

Resolution No. 2025-XXX, Authorizing the City Manager to Accept a Donation of a Police Canine and Complete the Transfer of Ownership of the Police Canine from the Ceres Police Canine Association to the City of Ceres
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council authorize the City Manager to accept the donation and complete the Transfer of Ownership of the Police canine from the Ceres Police Canine Association to the City of Ceres.

I. BACKGROUND:

The C
eres Police Canine unit currently has four canine teams allotted to patrol. Each team consists of a canine handler and a dual trained narcotics detection/apprehension canine. Having four canine teams allows the department to have a handler and canine working 24 hours a day, 7 days a week.

In A
ugust 2024 Council approved the retirement of Canine Banner due to health issues.

This left one vacant canine position in the canine unit.

II. REASONS FOR RECOMMENDATION:

The p
urchase of a replacement canine was scheduled to be budgeted during the 202 4- 25 fiscal year but needed to be cut from the budget. However, Rich and Kathy Wood generously donated the funds needed to purchase a canine for Ceres Police Department during the current fiscal year, allowing the department to fill the position left vacant with the retirement of Canine Banner.

Addi
tionally, another private party is paying for 100% of the cost to send the K9 Team to training.

ITEM 6
The Ceres Police Canine Association has identified an appropriate canine and have paid the Vendor. The canine is currently being held by the Vendor until Council accepts the donation of the canine and approves the transfer of ownership to the City.

The canine identified for purchase is a one -year-old German Shepherd by the name of Onyx.

III. FISCAL IMPACTS:

There are no fiscal impacts. D onors have covered 100% of the cost of the purchase of the canine and the required training.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Approval of this Agreement aligns with the City’s Strategic Plan to “provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provi de efficient services.”
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, Police personnel will obtain the proper signatures from the Ceres Police Canine Association and submit the paperwork to City Hall to obtain the City’s signatures to transfer the ownership to the City.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Transfer of Ownership
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2025-XXX

AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION OF A POLICE

CANINE AND COMPLETE THE TRANSFER OF OWNERSHIP OF THE POLICE

CANINE FROM THE CERES POLICE CANINE ASSOCIATION TO THE CITY OF CERES

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the Ceres Police Canine Unit currently has four canine teams allotted to patrol; and

WHEREAS, only three of the four allotted canine teams are currently filled; and

WHEREAS, the funding for the purchase of a fourth canine was removed from the FY 2024-25 budget; and

WHEREAS, the funding for the purchase of the fourth canine was provided by a generous donation from Rich and Kathy Wood.

NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Ceres does hereby authorize the City Manager to accept a donation of a police canine and complete the transfer of ownership of the police canine from the Ceres Police Canine Association to the City of Ceres.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of March 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6

ATTACHMENT B
___________

AGREEMENT REGARDING TRANSFER AND ACCEPTANCE OF POLICE CANINE

This agreement is made this 24 th day of March 2025, by and between the City of Ceres and the Ceres Police Canine Association.

The Ceres Police Canine Association is willing to transfer ownership of a one-year-old German Shepherd named, “Onyx” to the City of Ceres pursuant to certain terms and conditions as hereinafter set forth.

NOW, WHEREFORE, in consideration of the mutual covenants made herein, the parties to this agreement do hereby agree as follows:

1. The Ceres Police Canine Association does hereby transfer canine Onyx to the City of Ceres where the one-year-old German Shepherd will be assigned to a police canine handler to be used as a working police canine.

2. The City of Ceres does hereby accept the transfer of ownership of said dog and shall cause the ownership of the animal to be registered and titled in said name.

3. The Ceres Police Canine Association agrees that upon the transfer of the title of said dog to the City of Ceres, City of Ceres will indemnify and hold harmless the said Ceres Police Canine Association from any and all liability or claims from damages arising out of any event, act, or disturbance involving the subject police dog, including attorney fees and court costs.

Dated: _____________________________ Dated: ______________________________

___________________________________ ____________________________________ Douglas D. Dunford, City Manager Trenton Johnson, Interim Chief of Police

APPROVED AS TO LEGAL FORM
Dated: _____________________________ Dated: ______________________________

___________________________________ ____________________________________ Nubia Goldstein, City Attorney Kevin Gallenkamp, President, Ceres Police Canine Association

ATTEST:

___________________________________
Fallon Martin, City Clerk

CITY COUNCIL

Javier Lopez, Mayor
James Casey Rosalinda L. Vierra
Cerina Otero Daniel A. Martinez

City of Ceres
2220 Magnolia Street
Ceres, CA 95307
209-538-5731
209-538-5780 FAX

ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 24, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Trenton Johnson, Interim Police Chief
[email protected], (209) 538-5743
SUBJECT: Resolution No. 2025-XXX, Approving a Three-Year Agreement with Albonetti Investigations to Provide Pre -Employment Background Investigations for Sworn and Non-Sworn Staff
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a three-year agreement with Albonetti Investigations to provide pre-employment background investigations for sworn and non-sworn staff.

I. BACKGROUND:

Applicants for a position within the Ceres Police Department are required to undergo a thorough background investigation before being hired.

In the Fall of 2024 staff began to look for a new Background Investigation company.

Due to the requirements set down by POST (Police Officers Standards and Training) for all Background Investigations , it is imperative that the Background Investigator prove themselves trustworthy, communicative, reliable, expedi tious, and professional. Their background narratives must be clear and concise and able to convey all the pertinent information the Chief of Police needs to make a final hiring decision.

II. REASONS FOR RECOMMENDATION:

The Police Department has been using Albonetti Investigations on a trial basis for several months allowing staff to observe their work-ethic and to make an informed and intelligent decision regarding the quality, consistency and timeliness of their work product.

Staff has found that Albonetti Investigations far surpass es our expectations. They are prompt to pick up the Background packets from HR; they readily communicate with both HR and the Police Department regarding questions or issues they see; they expedite the ITEM 7
process to ensure the background is completed with little or no delay; and the final document is always well-written and presented professionally.

III. FISCAL IMPACTS:

The cost for applicant background investigations is currently budgeted in 10010.021700 (sworn personnel – Investigative Services) and 10009.021700 ( non-sworn personnel – Investigative Services). This is an on- going, annual cost that is always included in the budget.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council could choose to not approve this agreement. Staff would need to continue looking for an acceptable company to perform our background investigations.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, the Chief’s Administrative Secretary will route the Professional Services Agreement through the proper workflow at City Hall to obtain all of the needed signatures to fully execute the agreement.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Professional Services Agreement
ITEM 7
RESOLUTION NO. 2025-XXX

APPROVING A THREE-YEAR AGREEMENT WITH ALBONETTI

INVESTIGATIONS TO PROVIDE PRE-EMPLOYMENT BACKGROUND

INVESTIGATIONS FOR SWORN AND NON-SWORN STAFF

THE CITY COUNCIL
City of Ceres

WHEREAS, all applicants for a position within the Ceres Police Department are required to undergo a thorough background investigation before being hired; and

WHEREAS, the Police Department has been using Albonetti Investigations on a trial basis in order to determine if we want to use them full-time; and

WHEREAS, Albonetti Investigations has surpassed staff’s expectations in their work-ethic and staff would like to continue using their services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby approves a three-year agreement with Albonetti Investigations to provide pre-employment background investigations for sworn and non-sworn staff.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of March 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor

ATTEST:

______________________________
Fallon Martin, City Clerk

ATTACHMENT A
ITEM 7
ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 1 of 16 ends

PROFESSIONAL SERVICES AGREEMENT

THIS PROFESSIONAL SERVICES AGREEMENT (“ Agreement”) is made and entered into this 1st day of April, 2025 (the “Effective Date”), by and between the City of Ceres, a California municipal corporation (“City”), and Albonetti Investigations, a California company (“Professional”). City and Professional may herein be referred to individually as a “Party” and collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS

A. City seeks to hire an independent PROFESSIONAL to perform pre -employment Background Investigation services for the City (the “Project”).

B. Professional has agreed to provide such professional services (“Services”) as described and attached hereto as Exhibit A : Services . City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.

C. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement, which shall be included in the Scope of Services in Exhibit A.

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

AGREEMENT

Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections 1 through 32 of this Agreement, Section 1 through 32 shall prevail.

Section 2. Term. The term of this Agreement shall be three (3) years and will commence on April 1, 2025, and terminate on March 28, 2028 (“Term”) unless the Term is extended or the Agreement is terminated earlier pursuant to this Agreement.

Section 3. Extension of Agreement . City may elect to extend this Agreement for one (1) additional year, on the same terms and conditions, upon issuing an “Election to Extend Agreement” letter executed by the City Manager to Professional thirty (30) days prior to the expiration of this Agreement.

Section 4. Work .

4.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibit A. If any conflicts exist between the terms of this Agreement and Exhibit A, the terms of this Agreement shall control. Any request for Services not included in Exhibit A will be considered a request for additional or modified ITEM 7

ATTACHMENT B

PR OFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 2 of 16 ends

Services (“Modification” or “Modifications”). Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

4.2. C
ity Requested Modification of Services . City may, by written order, authorize Modifications to the Services described in Exhibit A . If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the rates to be paid to Professional.

The Services shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, tim e for performance, or such other terms or conditions mutually agreed upon by the Parties.

4.3. P
rofessional Requested Modification in Services . Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(
a) Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
(i) be supported by substantial evidence that the work is outside the Services; and (ii) set forth the Professional’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; and
(b
) City agrees that the work requires a Modification;
(
c) The Parties execute a written amendment to this Agreement describing any Modification. Compensation for any additional Services shall not exceed fifty Dollars ($50.00) per hour.

S
ection 5. Compensation .

5.1. Amount, Time, and Manner of Payment for Professional Services . City shall pay Professional according to the rates and timing set forth in Exhibit A. City’s total compensation to Professional shall not exceed Two Thousand Two Hundred Fifty Dollars ($ 2,250.00) per applicant (“Maximum Payment” ) unless the Parties mutually agree in writing otherwise.

Professional hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Professional anticipates and that Professional shall not be entitled to additional compen sation unless agreed otherwise by the Parties.

5.2. Subs
equent Payments. City shall make monthly payments in the amount invoiced by Professional within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.

5.3. I
nvoices. Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 3 of 16 ends

by Professional shall be in a form approved by City . The payments specified shall be the only payments made to Professional for performance of the Services, including compensation for any Modification. Professional shall submit all billings for Services to City within forty-five (45) days of the performance of such Services. City shall issue payment according to City ’s customary procedures and practices for issuing payments to independent PROFESSIONALs.

5.4. Reimbursement. City shall pay Professional for reimbursable expenses specified in Exhibit A incurred related to Professional ’s performance of the Services. Such reimbursable costs shall be invoiced and billed to City on a monthly basis, provided that in no event shall reimbursable expenses exceed Two Thousand Two Hundred Fifty Dollars ($ 2,250.00) per applicant

Section 6. Notice to Proceed . Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”).

Section 7 Time of Performance. Professional will commence performance of the Services within five (5) calendar days of the date the Notice to Proceed. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Section 8. Professional’s Resources. Professional shall, at its sole cost and expense, furnish all facilities, equipment, materials, information, personnel, and administrative assistance which may be required to perform its obligations under this Agreement , with the exception of items of City assistance specified in Exhibit A.

Section 9. Duties of City . In order to permit Professional to render the services required hereunder, City shall, at its expense and in a timely manner: (a) Provide such information as Professional may reasonably require to undertake or perform the Services; (b) Promptly review any and all documents and materials submitted to City by Professional in order to avoid unreasonable delays in Professional’s performance of the Services; and (c) Promptly notify Professional of any fault or defect in the performance of Professional’s services hereunder.

Section 10. Time and Personnel Devoted to Services. Professional shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with this Agreement.

Section 11. Performance by Qualified Personnel; No Subcontracting . Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Professional. Professional will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City ’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.

ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 4 of 16 ends

Section 12. Representations of Professional . City relies upon the following representations by Professional in entering into this Agreement:

12.1. Qualifications. Professional represents that it is qualified to perform the Services provided in Exhibit A and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Professional shall also ensure that all subPROFESSIONAL s are similarly licensed and qualified. Professional represents and warrants to City that Professional shall, at Professional's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Professional to practice Professional's profession at the time the Services are rendered.

12.2. Professional Performance. Professional represents that all Services under this Agreement shall be performed in a manner consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. Professional shall perform its services as expeditiously as is consistent with such professional skill and care and as necessary for the orderly progress of the Project. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re- perform or replace unsatisfactory Service at no additional expense to City.

12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re -perform or replace unsatisfactory Service, including, but not limited to, case s where the unsatisfactory character of such Service may no t have been apparent or detected at the time of such payment, inspection, review or approval.

12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City , whether under this Agreement or applicable law, shall be cumulative.

12.5. No Conflict of Interest. Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.

Section 13. Conformity with Law and Safety. Professional shall observe and comply with all applicable laws, ordinances, codes, regulations, and permits of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulati ons, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes, and regulations, including ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 5 of 16 ends

the administrative policies and guidelines of City pertaining to the work. Professional’s failure to comply with any laws, ordinances, codes, o r regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal injury, or substantial property damage occurs in connection with the performance of this Agreement, Professional shall immediately notify City Manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City , in such form as City may require. This report shall include the following information: (a) Name and address of the injured or deceased person(s); (b) N ame and address of Professional's subPROFESSIONAL , if any; (c) N ame and address of P rofessional's liability insurance carrier; and (d) A detailed description of the accident, including whether any of City's equipment, tools or materials were involved.

If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City Manager.

Section 14. Contact by Professional with Project Owner or Project Applicant . Unless otherwise set forth in the Services, neither Professional nor Professional's subPROFESSIONAL s shall directly contact the owner of the property involved in the Project or any party who is the applicant for the Project (“Interested Party”), or an employee or PROFESSIONAL of an Interested Party, on any matter relating to the Project without the prior consent of City . In no event shall Professional take any instructions or directions from an Interested Party on any matter pertaining to the Professional's Services to be performed for City under this Agreement.

Section 15. Confidentiality. Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).

Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City . If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City ’s General Counsel on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Pr oject and, in such event, Professional agrees that it will treat all communications between itself, its employees and its sub PROFESSIONALs as being communications which are within the attorney-client privilege.

Notwithstanding the foregoing, Professional may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Professional shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City ’s Confidential Information not be disclosed. This exception is limited to the extent disclosure is required under law.

ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 6 of 16 ends

Section 16. Ownership of Work Product . Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Professional or its subPROFESSIONAL s or sub PROFESSIONALs in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Professional or its subPROFESSIONAL s, or subPROFESSIONALs under this Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to such Products to City. With the prior written approval of City ’s point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of its experience and capabilities.

All Products shall become the property of City irrespective of where located or stored, and Professional agrees to deliver all such documents and information to City , without charge and in whatever form it exists, on the completion of the Professional's Services hereunder. Professional shall have no ownership interest in such Products.

All work product of Professional under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specified in Exhibit A.

Upon the conclusion of the Term or in the event of Termination of this Agreement , Professional agrees, at its expense and in a timely manner, to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its PROFESSIONALs, or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.

Section 17. Assignment Prohibited . No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.

Section 18. Excusable Delays; Notice to Other Party of Delay. Professional shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Professional.

Section 19. Suspension of Services by City . City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 7 of 16 ends

notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City . If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.

Section 20. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional (“Termination”). In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:

(a) Professional shall deliver copies of all Products prepared by it pursuant to this Agreement.

(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Professional or before Professional commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Professional. If City terminates this Agreement after City has issued the Notice to Proceed to Professional and after Professional has commenced performance under this Agreement, City shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination.

(c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination.

(d) Notwithstanding this Section, this Agreement may be terminated by City for cause based on the loss or suspension of any licenses, permits or registrations required for the continued provision of the Services, or Professional’s malfeasance. Termination of the Agreement for cause as set forth in this Section shall relieve City from compensating Professional.

Section 21. Assurance of Performance. If, at any time, City believes Professional may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Professional for written assurances of performance and a plan to correct observed deficiencies in Professional's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

Section 22. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 8 of 16 ends

thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.

Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Professional's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.

City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.

Section 23. Dispute Resolution . In the event of any dispute between the Parties to this Agreement, the Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each party holding sufficient authority to resolve the dispute. If such dispute cannot be resolved within fifteen (15) business days, the dispute shall be submitted to mediation as a condition precedent to initiating formal litigation.

Section 24. Insurance Coverage. During the Term, the Professional shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII and will provide City with written proof of said insurance.

Professional shall maintain coverage as follows:

24.1. General Liability . Professional shall carry general liability insurance in the amount of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Proje ct or the general aggregate shall be Two Million Dollars ($2,000,000.00).

24.2. Workers’ Compensation Insurance and Employer's Liability . Professional shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Professional shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollar ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollar ($1,000,000.00) limit for each employee’s bodily injury by disease.

24.3. Errors and Omissions Liability . Professional shall carry errors and omissions liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or greater if appropriate for the Professional's profession. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City , elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to the City ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 9 of 16 ends

guaranteeing payment of losses and related investigations, claims administration and defense expenses.

24.4. Commercial Automobile Liability . Professional shall carry commercial automobile liability insurance in the amount of One Million Dollars ($1,000,000) or greater per occurrence for owned, leased, hired, and borrowed automobiles.

24.5. Waiver of Subrogation . With the exception of e rrors and omissions liability insurance, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Professional, its agents, employees, independent PROFESSIONALs, and subPROFESSIONAL s. Professional agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

Section 25. Additional Insurance Requirements. Within five (5) days of the commencement of the Term , Professional shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required workers’ compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the workers’ compensation and errors and omissions liability insurance, all of the insurance policies required in this Agreement shall:

(a) Provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such;

(b) Name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work, or operations performed by or on behalf of Professional;

(c) Cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City;

(d) Be primary with respect to any insurance or self -insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it;

(e) Contain standard separation of insured provisions; and

(f) State that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.

Section 26. Indemnification by Professional . To the fullest extent permitted by law (including, without limitation, California Civil Code sections 2782 and 2782.8), Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless the City and ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 10 of 16 ends

City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subPROFESSIONALs), expense and liability of every kind, nature and description that arise out of, pertain to or relate to acts or omissions of Professional, or any direct or indirect subPROFESSIONAL , employee, PROFESSIONAL, representative or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third -party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.

Section 27. Liability of City . Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

Section 28. Independent PROFESSIONAL. At all times during the Term, Professional shall be deemed to be an independent PROFESSIONAL and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement. Professional shall be liable for its acts and omissions and those of its employees, PROFESSIONAL s, subPROFESSIONALs, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, CITY , or partnership relationship between City and Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.

Section 29. Professional Not Agent . Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 30. Payment of Taxes and Other Expenses . Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.

Section 31. Notices. Any notice or communication required hereunder between City and Professional must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Notices given by registered or certified mail shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, (b) on the date delivered as shown on a receipt issued by the courier, or (c) five (5) days after a registered or certified letter containing ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 11 of 16 ends

such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at the addresses in this paragraph set forth below:

If to City: City of Ceres
Attn: City Manager
2220 Magnolia Street
Ceres, California 95307

With courtesy copies to: White Brenner LLP
Attn: Nubia I. Goldstein
1608 T Street
Sacramento, CA 95811

If to Professional: Albonetti Investigations
Attn: Brian Albonetti
228 Laurel Avenue
Oakdale, CA 95361

Section 32. General Provisions.

A. Modification. No alteration, modification , or termination of this Agreement shall be valid unless made in writing and executed by all Parties.

B. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

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

D. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.

E. Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Stanislaus.

ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 12 of 16 ends

F. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be deemed a single agreement.

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

H. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.

I. Entire Agreement . This Agreement sets forth the entire understanding between the Parties as to the subject matter of this A greement and merges all prior discussions, negotiations, proposal letters or other promises, whether oral or in writing.

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

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

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

M. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

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

O. Attorney’s Fees and Costs . If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 13 of 16 ends

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

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

R. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

[Signatures on Following Page]

ITEM 7

ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Albonetti Investigations

Page 14 of 16 ends

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last day and date below written.

CITY:

CITY OF CERES, a California municipal
corporation

By:

Douglas D. Dunford, City Manager

Date:

PROFESSIONAL:

ALBONETTI INVESTIGATIONS, a California
company

By:

Brian Albonetti, Owner

Date:

By:

Trenton Johnson, Interim Chief of Police

Date:

Approved as to Form:

Nubia I. Goldstein, City Attorney

Date: ______________________________

ITEM 7

ATTACHMENT B

EXHIBIT A

SERVICES

PROFESSIONAL agrees to provide Background Investigation Services for the CITY for the purpose of vetting all Sworn and Civilian applicants for employment with the CITY.

Services by the PROFESSIONAL shall meet or exceed POST Standards and shall include, but not be limited to, immediate communication with the CITY regarding any and all concerns regarding an applicant that could lead to possible disqualification.

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

PROFESSIONAL shall include any and all documents related to an applicant’s Background for employment in their completed Background notebook. No files shall be maintained by the PROFESSIONAL regarding any CITY applicant.

The CITY agrees to complete the following services for the PROFESSIONAL:
• Live Scan each applicant
• Notarize, free of charge, the PROFESSIONAL’S Release and Waiver • Compile an applicant packet, for each applicant, to include:
o Applicant’s name, Position, Background Level to be completed, cell phone number and email address.
o POST Background Divider Tabs
o Background Level Worksheet
o Applicant’s Personal History Statement
o Applicant’s Job Application with the City of Ceres
o CLETS database check Report which includes the DMV check o Ceres Police Department Release and Waiver (notarized) o Rank Investigation Release and Waiver (notarized)
o Live Scan Results, if available at the time the packet is completed.  If Live Scan results have not been received at the time the packet is completed, the results will be emailed to the PROFESSIONAL as soon as they are received by the CITY.
• Notify the PROFESSIONAL when the Applicant Packet is completed and ready for pick-up.
• Release to the PROFESSIONAL a copy of the Polygraph.
• Communicate immediately with the PROFESSIONAL if an applicant’s vetting process has stopped due to:
o Disqualification of the applicant.
o The applicant pulling out of the vetting process.

ITEM 7

ATTACHMENT B

FEES

The CITY shall pay the PROFESSIONAL based on the following fee schedule:
• Investigative Hours: Fifty dollars ($50.00) per hour, not to exceed forty- five (45) hours per applicant, unless approved by the CITY.
• Mileage: Seventy cents ($.70) per mile for any travel outside of a thirty (30) mile radius from the CITY’S business address of 2727 Third Street, Ceres, CA 95307. • Incurred travel expenses resulting from air travel, overnight accommodations and/or meals. All travel must be approved by the CITY before the travel takes place.
• Database Checks: Forty-five dollars ($45.00) per applicant.

The PROFESSIONAL shall invoice the CITY within four (4) weeks of the completion of a background. The CITY will process the voucher for any invoice if it is received by end of day on Wednesday. Vouchers are paid by the CITY’s Finance Department each Monday and subsequently mailed out that same week. Occasional changes to this schedule may occur due to an observed holiday, vacation or illness. The CITY will make all efforts possible to process the vouchers as described above. Any changes that may delay the payment of an invoice will be communicated by the CITY to the PROFESSIONAL.

It is understood that the CITY is under no obligation to supply the PROFESSIONAL with a minimum number of applicants each year. Work by the PROFESSIONAL will be done on an “as-needed” basis.

NO EMPLOYER-EMPLOYEE RELATIONSHIP

No relationship of employer or employee is created by this agreement. It is understood that the PROFESSIONAL will act hereunder as an independent PROFESSIONAL and shall have no claim under this Agreement or otherwise against the CITY for vacation with pay, sick leave, retirement, medical, dental, social security, workers’ compensation, disability or unemployment insurance benefits, or employee benefits of any kind. The parties agree that the PROFESSIONAL will not be treated as an employee for federal or state tax purposes.

ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 24, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Trenton Johnson, Interim Police Chief
[email protected], (209) 538-5743
SUBJECT: Resolution No. 202 5-XXX, Approving a Contract with the Department of California Highway Patrol for Their Use of the Police Department Range for a Term of Three (3) Years
RECOMMENDED COUNCIL ACTION:

Staff recommends the C ity Council approve a contract with the Department of California Highway Patrol (CHP) for their Use of the Police Department Range for a term of three (3) years.

I. BACKGROUND:

The CHP began using the Police Department Range in 2016 for their firearms requalification requirements. This would be our third three (3) year contract with them.

II. REASONS FOR RECOMMENDATION:

Accepting another three (3) year contract will help minimize the time spend on the State- mandated clerical paperwork. Continuing the contract with the CHP will help foster a cooperative relationship between the City of Ceres and the CHP III. FISCAL IMPACTS:

None. The CHP will be paying the City of Ceres $3,600.00 per year for a total of $10,800.00 over the life of the contract.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council could choose to not approve this agreement. In which case, the contract will need to be renewed on a year-to-year basis.

ITEM 8
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, the Chief’s Administrative Secretary will route the contract through the proper workflow at City Hall to obtain all the needed signatures to fully execute the contract.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Contract
ITEM 8

RESOLUTION NO. 2025-XXX

APPROVING A CONTRACT WITH THE DEPARTMENT OF CALIFORNIA

HIGHWAY PATROL FOR THEIR USE OF THE POLICE DEPARTMENT
RANGE FOR A TERM OF THREE (3) YEARS

THE CITY COUNCIL
City of Ceres

WHEREAS, the Department of California Highway Patrol has been using the Ceres Police Department Range since 2016; and

WHEREAS, this would be the third three (3) year contract with the CHP; and

WHEREAS, accepting another three (3) year contract will help minimize the time spent on State-mandated clerical paperwork.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby approves a contract with the Department of California Highway Patrol for their use of the Police Department Range for a term of three (3) years.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of March 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_______________________________
Fallon Martin, City Clerk

ATTACHMENT A
ITEM 8
ITEM 8

ATTACHMENT B
ITEM 8

ATTACHMENT B
ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
ME
ETING DATE: March 24, 2025
TO: M
ayor and City Council
FR
OM: Douglas D. Dunford, City Manager
CONT
ACT: Fallon Martin, City Clerk
fal
[email protected], (209) 538-57 31
SUBJ
ECT: Resolution No. 202 5-XXX, Approving a n Agreement with CivicPlus NextRequest for Public Records Request Management Software and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

St
aff recommends Council approve a five-year agreement with CivicPlus NextRequest for Public Records Request Management Software.

I. BACKGROUND:

The C
ity of Ceres Clerk’s Office is responsible for the administration of public records requests. Public records requests are received in several ways, which include via email, telephone, in-person, postal mail, and through a management software program called NextRequest. NextRequest is an online program where customers can submit requests online. The program tracks the request’s due dates, auto-responses, reporting, and various other functions. The program also maintains an audit trail of communications, notes and files that have been shared.

Nex
tRequest has been utilized by staff since 2019. This has been a free of charge service the past six years because the City did not exceed the number of records request via NextRequest that would trigger having to pay for the program. With the number of public records requests steadily increasing year to year, the City has reached a point where we must pay for the service. Below is a table showing the increase from one year to the next since implementing NextRequest.

Year T
otal Public
Records Requests
Total Public Records
Requests
(received via NextRequest)
2020 104 41
ITEM 9
2021 147 83
2022 200 94
2023 267 144
2024 256 154
Nex
tRequest is a very effective and effici ent program for staff and the public. The program provides transparency by allowing the public to submit a records request at their fingertips. The program tracks the requests due date, sends autoreplies to the requestor, and provides reminders to City staff as well as stores requests and responses and allows for a search by keyword and/or date range to assist with repetitive public records requests. With an average of half the public records requests received via NextRequest, it would be detrimental to the public to no longer be able to submit requests using the NextRequest program.

II. REASONS FOR RECOMMENDATION:

Cont
inuing to use NextRequest will allow the public to continue submitting public records requests online and maintain the timely responsiveness the Clerk’s Office has provided in the past.

III. FISCAL IMPACTS:

The c
ost of NexRequest is $3,988/year and will increase each year by 5% for five years.

Money is currently budgeted in 10067, 52767, and 56767.029900 (Contract Services).

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Counc
il could choose not to approve the proposed agreement and eliminate the use of NextRequest. This alternative is not recommended as it limits how public records requests can be submitted. In addition, staff will lose the ability to search historical requests, and more time may be spent accepting and detail ing requests received via phone or in-person.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
ITEM 9
IX. STEPS FOLLOWING APPROVAL:

Upon C
ouncil approval, staff will finalize and execute the agreement.

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

1. Attachment A – Resolution

2. Attachment B – Statement of Work
ITEM 9
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2025-XXX
APP

ROVING AN AGREEMENT WITH CIVICPLUS NEXTREQUEST FOR PUBLIC

RECORDS REQUEST MANAGEMENT SOFTWARE AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
THE

CITY COUNCIL
City of Ceres
WHE
REAS, the Clerk’s Office is responsible for the administration of public records request; and
WHE
REAS, since 2019 staff has utilized NextRequest for all public records requests submitted online; and
WHE
REAS, because the number of public records requests have exceeded the amount to utilize the program for free, the City must now enter into an agreement and pay for the services; and
WHE
REAS, such services will cost $ 3,988 per year with a 5% increase each year for five years and year one is currently budgeted for Fiscal Year 2025/2026.

NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a n agreement with CivicPlus NextRequest for public records request management software and authorizes the City Manager to execute the agreement.

PAS
SED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of March 2025, by the following vote:

AYES: Counc
ilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_________
_______________________
Javier Lopez, Mayor
ATTEST:
______
_________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-88448-1
Date: 12/5/2024 5:21 PM
Expires On: 4/30/2025
Client:

City of Ceres, CA
Bill To:

CERES, CALIFORNIA
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Angelique Mansell (843)
829-4562
[email protected] Net 30
Recurring Service(s)
QTY PRODUCT NAME DESCRIPTION 12 Month
Value

1.00 NextRequest Economy NextRequest Economy with up to 5 Admin-Publisher Users and 1TB of Storage
USD 3,988.00
Initial Term 7/1/2025 - 6/30/2030, Renewal Term 7/1 each calendar year Initial Term Invoice Schedule Year One Annual Total invoiced upon the signature date of this Agreement. Subsequent
Annual Totals invoiced on renewal date.

Annual Subscription One Time Fees Annual Total
Year One USD 3,988.00 USD 0.00 USD 3,988.00
Year Two USD 4,187.40 USD 4,187.40
Year Three USD 4,396.77 USD 4,396.77
Year Four USD 4,616.61 USD 4,616.61
Year Five USD 4,847.44 USD 4,847.44
Subtotal USD 22,036.22
Annual Recurring Services Starting Year 6 USD 5,089.81
Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date
Annual Uplift 5% to be applied in year 2
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legal- V. PD 06.01.2015-0048

Page 1 of 3 ends

ATTACHMENT B
ITEM 9
stuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.

Please note that this document is a SOW and not an invoice. Upon signing and submitting this SOW, Client will receive the applicable invoice according to the terms of the invoicing schedule outlined herein.

V. PD 06.01.2015-0048

Page 2 of 3 ends

ATTACHMENT B
ITEM 9
Acceptance of Quote # Q-88448-1
The undersigned has read and agrees to the Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:

For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus
By (please sign):
___________________________________
By (please sign):
___________________________________
Printed Name:
___________________________________
Printed Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________
V. PD 06.01.2015-0048
Page
3 of 3

ATTACHMENT B
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
ME
ETING DATE: March 24, 2025
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 February 2025
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of February 2025.

FACILITY SERVICES:
• Com
pleted 110 Facilities Maintenance work orders including: 75 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 35 preventive maintenance services.
• Receiving three quotes from Siemens. Johnston Control and Trane to upgrade the HVAC Building Automation controls at the Ceres Community Center and Public Safety Building.
• Prepared Costa Fields for the 2025 baseball season including ball field lighting, C
ustodial and securing the stands.
• Completed the annual fire extinguisher service for all Fire Stations, PD, CCC, City Hall, Legion Hall, Annex, Costa Fields and all other city with building under Public Works.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, and four (5) Custodians.

ITEM 10
FLEET SERVICES:

Completed 81 work orders.

Fleet, Department 20
• Put new patrol unit 109 in service
• Field repair on Parks toro mower
• Field repair for flat tire on dump truck

Fire, Department 15
• N/A

Police, Department 10
• Put new patrol unit 109 in service
• Started to build out new patrol car
• Removed unit 103 from service
• 4 vehicles serviced (general maintenance)

Streets, Department 30
• 2 vehicles repaired/serviced.
• 4 Street sweeper repairs.

Water, Department 35
• 2 vehicles serviced.

Parks, Department 40
• 4 vehicles serviced.
• Toro mower field repair performed
• Replaced small equipment

Wastewater, Department 25
• 2 vehicles serviced.
• Performed 90-day inspection on Flusher unit.

Facilities, Department 41
• 1 vehicle 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 213 service requests in the following categories:
• Bike Path Repairs: 0
• City Grounds Maintenance: 9
• Park Landscape and Maintenance: 158
• Parks Landscape chemical usage: 950 gallons All Parks / Grounds ITEM 10
• Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow pending delivery. • Playground and Equipment Inspections: 13
• Right of Way (ROW) Irrigation Repairs: 3 sprinklers
• Right of Way Landscape area Eastgate, 4 trees need to be removed and several shrubs due to vehicle accident.
• Park Trees: 10 Trimmed, 2 removals.
• Customer Requests Tree or Limb Down: 18
Parks sprinklers repaired or replaced:
• Barry Grove – 0 maintenance.
• Costa Fields – 0 maintenance.
• Don Pedro – 0 maintenance.
• Independence – 1 vandalism.
• Dog Park – 2 maintenances.
• Neel Park – 3 maintenances.
• Persephone – 0 maintenance.
• Redwood – 0 maintenance.
• River Bluff – 2 maintenances.
• Riverview – 2 maintenances.
• Roeding Heights – 2 maintenances.
• Sam Ryno – 1 maintenance.
• Smyrna – 2 maintenances.
• Strawberry – 0 maintenance.
• Whitmore – 0 maintenance.

Parks General Maintenance/Repairs:
• Graffiti removal at Sam Ryno (1), Strawberry (2), River Bluff (2), Roeding (1), Ochoa (1) Persephone (1), Smyrna (8), Don Pedro (1) Riverview (1) and Independence Park (2)
• Grid Prune Program Performed by West Coast Arborists (WCA):
• Grid # 3 2024-2025 05% - Started 2/4/2025 trimmed 89 trees, 2 removals • 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 December 2024 98% completed with 499 trees trimmed, 18 removals on grid.
• Pending: 236 high risk, 18 removals, and 96 inspect for trims. • Trimmed trees around Costa fields.

Grounds

Rights of Way (ROWs):
• Faith Home Rd: Pending schedule for backflow installs. All Unlocked for testing.

ITEM 10
• River Road: backflow replacement scheduled with water division. Currently water is shut off at River and Canyon Falls.
• Whitmore Mansion and Museum: mowed both sites.
• Trimmed trees and shrubs at Fowler Rd Fire Station.

City Hall:
• Cleared shrubs and trees at Fire station. Sprayed both areas.

Parks
City Parks:
• Playground fiber needed for River, Bluff, Neel, and Ochoa. • Aerated and fertilized the remaining 50% of River Bluff soccer fields.

Sam Ryno:
• No update

Smyrna Park:
• Damage to large slide 5-12 and damage to small slide 2-5. • Damaged toddler swing removed.
• Damage to balance board removed.
• Damaged swings repaired (2)
• Cleaned and adjusted horseshoe pits. Needs paint when warmer.

Costa Fields:
• No update

Neel
• Damaged Bobble rider in playground. Parts ordered.
• Damaged swings repaired (2)
Roeding Park:
• Flushed Well due to sand sediment.
• Repaired fence at tennis nets.

Independence Park:
• Fixed fence due to vandalism. Fence at basin needs repair due to homeless.

Riverview Park:
• No update
River Bluff Park:
• Playground area - replaced 8 sprinklers due to vandalism. • Repaired damaged fence at water well due to vandalism. • Trimmed 6 trees.
• Cleaned and sprayed both ramps leading to lower terrace.

ITEM 10
Guillermo Ochoa Park:
• Repaired Carousel and leg elliptical walker due to excessive use.

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

Parks Maintenance Worker, and Five (5) Park Maintenance Workers.

SOLID WASTE & RECYCLING:

• Highlights of solid waste and recycling collection by Bertolotti for February 2025:

 Residential…………………….… 1,112.91 tons
 Commercial………………………. 1,494.94 tons
 Illegal dump/litter abate (code enforcement) 30.74 tons  Illegal dump (Bertolotti) ………. 1.39, 9 locations  Bulky items…………………….… 22.44 tons, 125 locations
 Leaf/limb ………...…………….… 4.80 tons
 Street Sweep………………….… 72.28 tons
 Residential Organics…………… 438.08 tons
 Commercial Organics…………. 157.88 tons
 Residential Recycle………….… 141.18 tons
 Commercial Recycle …………… 5.41 tons
 C&D (Construction/Demolition Debris) 0 tons  Used oil…………………………… 81 gallons
 Used oil filter……………...……… 31

• There were 14 residential organic cart violations issued in February.

• There were 33 leaf & limb illegal disposal (off season) violations issued in February.

• The annual Community Free Disposal Day was held on Saturday, February 1st at the River Bluff Regional Sports Complex from 8am to 11:45am. A total of 422 vehicle loads of large appliances and furniture, waste tires, e- waste and mattresses were disposed of at the event. Total tire, e-waste and mattress count are still not available however the remaining material totals that were collected are:

• Total of trash weight only: 52,620 LB = TO 26.31 TONS • Metal weight including appliances: 18,440 LB = TO 9.22 TONS • Refrigerators =32
• Washers=11
• Dryers= 12
• Stoves = 6
• Water heaters = 11
• Dish washers =4
• Total of weight tags/dumps 15

• Inspections of those businesses that fall under the edible food recovery stipulations of SB1383 are currently underway. The city has fifteen Tier 1 Edible Food Generators (EFG’s) and two Tier 2 EFG’s. These 17 organizations donate recovered food products to 4 local ITEM 10
Food Recovery Organizations in the area. SB 1383 requires the EFG’s to conduct reporting activities including:
• A written contract(s) or agreement(s) on record with a food recovery organization or services that collect edible food for recovery or self -haul to a food recovery organization
• A list of food recovery organizations or services that receive the donated edible food -This list includes name, address, and contact information of the service or organization
• Recordkeeping of the types of food that is collected
• Recordkeeping includes established frequency
• Recordkeeping includes quantity of food collected/self -hauled in pounds (lbs) per month donated to each food recovery organization or service

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

STREETS SERVICES:

• Staff responded to a total of 58 customer service requests. • Staff responded to 221 USA’s.
• 2 Staff members worked Community cleanup
• Installed Easter banners for Recreation
• Cleaned 2 French Drains
• Cleaned 20 Dry Wells
• Cleaned 21 DI’s
• Cleaned 1,800’ of storm drain pipeline
• Corporation Yard installed 2 DI’s, storm drain line and connected to positive system
• 1 Vac-con excavation for the Water Division
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, (6) Streets Maintenance Operators, one (1) Street Sweeper Operator (1) part time Streets/Code Enforcement Maintenance worker.

WASTEWATER (WRRF):

• Responded to 7 customer service requests and 25 sewer problems, during working hours and after hours.
• Staff responded to 3 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• There were (0) SSO’s in February which resulted in (0) gallons spilled and recovered.
• Serviced or Repaired:
• Lift Stations – 15
• WWTP Equipment – 16
• Main line sewer plugs – 0
• Aerators – 0
ITEM 10
• 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 27.908 feet of sewer main line.
• Staff CCTV inspected 14,890 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). • Staff attended mandatory trainings on Confined Space Procedures & Pesticide Application

• Staff gathered data and attended meetings & tours regarding the Ceres Water Resource Recovery Facility upgrades.
• SCADA Integrator, Jeff Burrows, and Wastewater Staff continued integrating treatment plant controls to the new SCADA system.
• Construction continues on Cadillac & Lucchesi Sewer Rehabilitation CIP. This project is to repair known trouble spots, and potential SSO’s.

• Staff inspected Cadillac & Lucchesi Rehabilitation & Morgan Rd. Storm Rehabilitation being performed by contractors.
• Staff continues to prepare the WRRF Administration building for imminent construction.
• Staff performed emergency sewer line repair. Issue was found during CCTV operations in alley off of Hollister.

• Senior operator, Shawn Hess, conducted a tour of the Ceres WRRF for operators from Waterford Wastewater Department.

• Staff assisted Facilities division with sewer lateral issues at City Hall on multiple occasions. The lines were flushed by a contractor and by the wastewater division.

The lines were also inspected with a camera by the wastewater division. The sewer in City Hall is backing up due to old pipe condition and improper use of bathrooms. The pipes are old ductile iron, and they are very deteriorated. The insides of the pipes are heavily pitted and scaled causing materials to hang up.

Wipes and feminine hygiene products are being flushed contributing to the problem.

• Staff investigated sewer lines for a source of storm water entering the sewers, causing the increase in flow to the sewer system every time it rains.

• Staff checked & marked 218 USA tickets, which took 32 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer usage charge for the month of January $82,227.16 • Modesto sewer usage charge for the month of January $142,383.12 • Effluent Biochemical Oxygen Demand (BOD) 57 mg/L.
• The Wastewater Treatment Plant treated and disposed of 66.48 MG (Million Gallons) of wastewater with an average of 2.37 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.

ITEM 10
Please note there remain two (2) unfilled Wastewater Operator positions.

WATER SYSTEM MAINTENANCE:

Water, Department 35

• February 2025 well production was 20.006 million gallons. • Treated Water delivered from SRWA was 86.73 million gallons. • Average water use for February was .7145 million gallons per day. • Water staff responded to 46 customer service requests. • Water staff responded to 75 Underground Service Alerts (USA) markings. • Meter statistics and repairs:
o Meters in water distribution system: 11,886
o Meters/radios serviced: 33
o Meters replaced: 78
o Meters upgraded from ¾”, 5/8” to 1”: 2
o New meter installations: 0
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402
• Blow-offs and hydrants flushed: 37
• Water main leaks: 0
• Service line leaks: 0
• Service lines have been replaced: 0
• Hydrants replaced or reset: 0 replaced, 2 reset
• Water quality samples taken: 52
Water C onservation, Department 36

• February 2025 calculated residential gallons used per person per day: 48 • Annual average is 78 gallons per person per day.
• Responded to 8 water conservation service requests.
• Water portal has 399 residents registered.
• Issued courtesy notifications: 29
• Performed 1 water audit
• Delivered 14 water waste warnings and issued 0 water waste fines. • Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 0, Washing Machine: 0, and Turf Replacements: 0
• Total Rebates YTD: 1

The graph below shows our (well) production numbers for 2020 in red compared to 2025 (well and surface water production) in green with the water reduction target of 15% in blue. For February 2025, we had a decrease of 7.29% from the February 2020 production numbers.

ITEM 10

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 10
ITEM 10

COUNCIL AGENDA REPORT

Resolution No. 2025-XXX, Approving a Construction Contract for the Third Street Storm Drain Repair Project with United Pavement Maintenance, Inc., Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to award the construction contract for the Third Street Storm Drain Repair Project (New Project String) to United Pavement Maintenance, Inc., in the amount of $54,750.00, plus a 10% contingency of $5,475.00, totaling $ 60,225.00, authoring a budget amendment and authorizing the City Manager to execute the contract.

I. BACKGROUND:

Public Works staff took video footage of the 18- inch storm drainpipe on 3rd Street and discovered a collapsed section of the pipe. There is obstructed flow, blockages, and undermining of roadway infrastructure all occurred. Public Works staff analyzed this impact and found replacing a segment of the 18-inch storm drainpipe was necessary.

II. REASONS FOR RECOMMENDATION:

Staff requested responsive and responsible proposals from three (3) qualified contractors.

United Pavement Maintenance, Inc. provided the lowest rates responsive and responsible bid.

Staff recognized that emergency repairs are needed to address health and safety concerns, blockages, and ongoing roadway infrastructure deterioration due to undermining. Currently, United Pavement Maintenance is on stand -by and ready to mobilize.

ITEM 11
III. FISCAL IMPACTS:

The project construction was not included in the C apital Improvement Program and should be added. A new Project string should be opened, and the Project will be funded with the remaining Sewer Enterprise Funds in an amount of $50,119.20, account number 56795.800500. A Budget amendment in the amount of $25,000.00 is necessary to cover total construction cost including inspection services, a nd material testing bringing total appropriation amount to $75,119.20. See attachment B-Budget Amendment 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 proposal and publicly post the project with a similar or modified scope later or reject the proposal and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with Engineering 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.

IX. STEPS FOLLOWING APPROVAL:

Following approval of this item, the contract will be signed and executed with United Pavement Maintenance, Inc. And the Finance Director shall record the appropriate accounting entries. The contractor will then be issued a notice to proceed, and a pre- construction meeting will be held.

Approved by: __________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Bid Results

4. Attachment D – Contract Agreement
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A CONSTRUCTION CONTRACT FOR THE THIRD STREET STORM DRAIN REPAIR PROJECT WITH UNITED PAVEMENT MAINTENANCE, INC., AUTHORIZING A 10% CONTINGENCY, AUTHORIZING A BUDGET AMENDMENT,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Public Works Department sent out a bid invitation to three (3) qualified contractors; and

WHEREAS, the lowest responsive and responsible bid was received from United Pavement Maintenance, Inc., in the amount of $54,750.00; and

WHEREAS, a construction contingency in the amount of 10% or $5,475.00 is necessary and appropriate to accommodate any unforeseen costs, bringing the total construction authorization to $60,225.00; and

WHEREAS, the Third Street Strom Drain Repair Project was included in the C apital Improvement Program and sound be added; and

WHEREAS, a new project string should be assigned to the project; and

WHEREAS, the project will be funded with remaining Sewer Enterprise Funds in an amount of $50,119.20, account number 557695.800500; and

WHEREAS, a budget amendment in the amount of $25,000.00 in necessary to cover total construction cost including inspection services and material testing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a construction contract for the Third Street Storm Drain Repair Project with United Pavement Maintenance, Inc., authorizing a 10% contingency, authorizing a budget amendment, and authorizing the City Manager to execute the contract.

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

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of March 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11

ATTACHMENT B

Budget Amendment No.1

Fiscal Year 2024 - 2025

Reference Resolution No. 2025- , dated March 24, 2025 Approving a Construction Contract Agreement for 3rd Street Storm Drain Repair with United Pavement Maintenance, Inc.

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Sewer Fund-Capital
Projects
567 95 800500 $25,000.00

Requested Appropriation $25,000.00
2024 - 2025 Current Appropriation $50,119.20
Total Appropriation $75,119.20

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue $0.00
2024 - 2025 Current Estimated Revenue $0.00
Total Estimated Revenue $0.00

Fiscal Impact: A budget amendment for a requested amount is necessary to cover the construction contract agreement with United Pavement Maintenance.

ITEM 11
ITEM 11
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 R&R 18" Storm Drain Piping LF 85 $350.00 $29,750.00 $280.00 $23,800.00 $330.00 $28,050.00 $450.00 $38,250.00 2 Connection to Existing DI Structure EA 2 $5,000.00 $10,000.00 $4,500.00 $9,000.00 $4,000.00 $8,000.00 $2,600.00 $5,200.00 3 R&R Concrete Work - Curb/Gutter & Sidewalks LS 1 $10,000.00 $10,000.00 $11,950.00 $11,950.00 $10,000.00 $10,000.00 $18,000.00 $18,000.00 4 Reposition Park Monument LS 1 $7,000.00 $7,000.00 $6,500.00 $6,500.00 $7,000.00 $7,000.00 $3,450.00 $3,450.00 5 Traffic Control System LS 1 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $4,800.00 $4,800.00 $61,750.00 $54,750.00 $58,050.00 $69,700.00

ATTACHMENT C
3RD STREET STORM DRAIN REPAIR

BID TABULATION SHEET
Total Base Bid
Sinclair General
Engineering Construction,
Inc.Engineer's Estimate
United Pavement
Maintenance, Inc.

MidCal Pipeline &
Utilities, Inc.
1 of 1
ITEM 11
ITEM 11

ATTACHMENT D

AGREEMENT
FOR

CONSTRUCTION SERVICES
THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 24th day of March 2025, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and UNITED PAVEMENT MAINTENANCE, INC, hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

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

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

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

ITEM 11

ATTACHMENT C

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

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

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

ITEM 11

ATTACHMENT C

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

7. TERM OF AGREEMENT
This is a six (6) months Agreement shall be effective March 24, 2025 and will continue in effect until September 24, 2025, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit A. The total compensation to CONTRACTOR shall not exceed FIFTY-FOUR THOUSAND, SEVEN HUNDRED- FIFTY DOLLARS ($54,750.00) unless the Parties mutually agree in writing otherwise.

ITEM 11

ATTACHMENT C

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

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

The Contract Officer’s decision shall be final.

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

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional ITEM 11

ATTACHMENT C
capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

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

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

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

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

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

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to ITEM 11

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

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

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

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

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

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

ITEM 11

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

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

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

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR:

Name: United Pavement Maintenance, Inc.

Address: P.O. Box 1017
Hughson, CA 95326
Attention: Rudy Ruvalcaba
Phone: (209) 883-4345
FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.

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

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

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
ITEM 11

ATTACHMENT C
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

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

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

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

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

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements ITEM 11

ATTACHMENT C
of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

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

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

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

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

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to ITEM 11

ATTACHMENT C
procure and maintain a policy of insurance.

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

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

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

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

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

27. PAYMENT OF REVAILING WAGES
CONTRACTOR shall pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.

28. WARRANTY
ITEM 11

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

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

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

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

ITEM 11

ATTACHMENT C

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

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

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

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

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

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

ITEM 11

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

Dated , 2025 Dated , 2025
CITY OF CERES, a municipal corporation CONTRACTOR
By By
Douglas D. Dunford, City Manager Signature
Rudy Ruvalcaba/Owner
APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

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

Fallon Martin, City Clerk
ITEM 11

ATTACHMENT C

EXHIBIT B

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

Minimum Scope of Insurance
Coverage shall be at least as broad as:

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

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

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

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

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

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

ITEM 11

ATTACHMENT C

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

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

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

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 11

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

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

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

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

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

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

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

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

Verification of Coverage
Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 11

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

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

ITEM 11
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 24, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 202 5-XXX, Approving the Subdivision
Improvement Agreement and Recordation of the Subdivision Map for the Whitmore Avenue Retail Subdivision, Authorizing the City Clerk to Certify the Final Map for the Whitmore Avenue Retail Subdivision on Behalf of the City of Ceres , and Authorizing the City Manager to Execute the Subdivision Improvement Agreement for the Whitmore Avenue Retail Subdivision
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve the Subdivision Improvement Agreement and recordation of the Subdivision Map for the Whitmore Avenue Retail Subdivision.

I. BACKGRO UND:

The pr
oject consists of a subdivision of 8.66 acres located at 1200 E Whitmore Avenue into 5 commercial parcels by the owner Ajmer Singh Randhawa (Developer). The Vesting Tentative Parcel Map was approved by the City of Ceres Planning Commission on December 4, 2023.

II. REASONS FOR RECOMMENDATION
:

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

The agreement specifies public improvements securities (Bonds) that the Developer must provide including specific amounts and the duration. The agreement provides indemnification to the City by the Developer and requires the Developer to maintain various insurance coverages. The Whitmore Avenue Retail Subdivision Map is ready for recordation, and it is in substantial conformance to the approved Vesting Tentative Parcel Map and the project’s conditions of approval. The requirements for the filing and recordation of the Subdivision Map have been met.

ITEM 12
III. FISCAL IMPACTS:

The securities as required by Ceres Municipal Code Section 17.18.070 have been provided by Bonds and been approved by the City Attorney.

The City Engineer has determined that the required security is sufficient to cover the cost of said improvements, engineering, inspection, fees and incidental expenses. The securities are based on the total Engineer’s Estimate of $274,125.00 for the value of all improvements to be constructed for the Whitmore Avenue Subdivision.

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

This project is in conformance with the Third Priority of the Strategic Plan to proactively recruit and attract businesses to Ceres in order to add to the quality of life and enhance the fiscal base of the community.

V. P
OLICY ALTERNATIVES :

The City Council can choose to:

1. A pprove the request as recommended by staff; or

2. D eny the request; or

3. Continue to a future City Council Meeting
VI. I NTERDEPARTMENTAL COORDINATION:

Coordination with Planning Department for Tentative Map and Conditions of Approval.

VII. P UBLIC PARTICIPATION:

Public comment occurred during the Planning Commission Meeting held on December 4, 2023.

VIII. EN
VIRONMENTAL REVIEW :

The project is a CEQA Mitigated Negative Declaration which is filed with Stanislaus County Clerk as document 50-2023-211.

IX.

STEPS FOLLOWING APPROVAL:

City Manager signs Subdivision Improvement Agreement for Whitmore Avenue Retail Subdivision. City Staff will coordinate recordation of the subdivision final map with Stanislaus County.

Approved by: ___________________
Douglas D. Dunford,
City Manager

ITEM 12
Attachments:

1. Attachment A – Resolution

2. Attachment B – Subdivision Improvement Agreement

3. Attachment C – Final Map

ITEM 12
ITEM 12

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND

RECORDATION OF THE SUBDIVISION MAP FOR THE WHITMORE

AVENUE RETAIL SUBDIVISION, AUTHORIZING THE CITY CLERK TO

CERTIFY THE FINAL MAP FOR THE WHITMORE AVENUE RETAIL

SUBDIVISION ON BEHALF OF THE CITY OF CERES, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION

IMPROVEMENT AGREEMENT FOR THE WHITMORE AVENUE RETAIL

SUBDIVISION

THE CITY COUNCIL
City of Ceres

WHEREAS, Ajmer Singh Randhawa (DEVELOPER) owns the land situated in the City of Ceres, consisting of 8.66 acres, known as the Whitmore Avenue Retail Subdivision (SUBDIVISION); and

WHEREAS, the Vesting Tentative Subdivision Map was approved by the City of Ceres Planning Commission on December 4, 2023, with conditions of approval as noted in PC Resolution 23-25; and

WHEREAS, the City of Ceres Secretary of the Planning Commission and the City Engineer have certified that the Whitmore Avenue Retail Subdivision Map substantially conforms to the approved tentative subdivision map; and

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

WHEREAS, the DEVELOPER has executed a Subdivision Improvement Agreement and provided the required securities for all public improvements through bonds; and

WHEREAS, said
securities are in forms acceptable to the City Attorney and in the amounts required by the City Engineer; and

WHEREAS, the City of Ceres , City Engineer has certified that the Whitmore Avenue Retail Subdivision Map meets the provisions of California Subdivision Map Act and the provisions of the Ceres Municipal Code relating to Subdivisions, and the City Surveyor has determined that the map is technically correct.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the Subdivision Improvement Agreement and R ecordation of the Subdivision Map for the Whitmore Avenue Retail Subdivision , authorizes the City Clerk to certify the final map for the Whitmore Avenue Retail Subdivision on behalf of the City of Ceres , and authorizes the City Manager to e xecute the Subdivision Improvement Agreement for the Whitmore Avenue Retail Subdivision.

ITEM 12

ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of March 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 12

ATTACHMENT B
ITEM 12

ATTACHMENT B
ITEM 12
ITEM 12

ATTACHMENT C
ITEM 12
ITEM 12
ITEM 12
ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Ontero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 24, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT: Resolution No. 2025-XXXX, Approving a Three-Year Agreement with Ceres Youth Baseball for the Use of Costa Fields Baseball Complex and Authorizing the City Manager to Execute the Agreement RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve a three-year agreement with Ceres Youth Baseball (CYB) and the City of Ceres for the use of Costa Fields Baseball complex and authorize the City Manager to execute said agreement.

I. BACKGROUND:

Th
e City has a long standing and well-established relationship with the Ceres Youth Baseball (CYB) program. The current agreement between the City and the CYB program was approved by Council in June 2021. The new agreement between the City of Ceres and CYB would establish terms and conditions beginning March 24 th, 2025, running
through March 23rd 2028.

The a
greement offers CYB full access to Costa Fields from January – November for their recreational / competitive games, practices and tournaments. This access includes any practice, games, tournaments and all concession stand revenue. Please note that the City of Ceres Recreation Department grants CYB priority access to Costa Fields from January to November. However, if external entities wish to rent the field during this period, the City of Ceres Recreation Department may allow rentals based on CYB's scheduling and availability.

II. REAS
ONS FOR RECOMMENDATION:

CYB wishes to conduct baseball programs in Ceres to serve the youth of the community though the use of facilities owned by the City of Ceres.

ITEM 13
III. FISCAL IMPACTS:

The contract with CYB is projected to generate $38,880 in revenue, with estimated costs for water, electricity, lighting, and janitorial services totaling $36,736.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Create a vibrant, safe, attractive, and walkable community that maintains a small town feel with parks, trails, shopping, entertainment and other desirable amenities.

V. POLICY ALTERNATIVES:

Should the City Council deny the agreement, the City would attempt to renegotiate with CYB. If the City and CYB cannot come to an acceptable agreement, the CYB would cease to operate at the field until an agreement can be made.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following approval, the City Manager will sign the agreement with CYB.

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

1. Attachment A – Resolution

2. Attachment B – CYB Agreement

3. Attachment C – Costa Ball Field Complex Rules & Regulations Brochure ITEM 13

AT TACHMENT A
RE
SOLUTION NO. 2025-XXX
AP

PROVING A THREE-YEAR AGREEMENT WITH CERES YOUTH BASEBALL FOR

THE USE OF COSTA FIELDS BASEBALL COMPLEX AND AUTHORIZING THE

CITY MANAGER TO EXECUTE SAID AGREEMENT

THE CITY COUNCIL
City of Ceres, California
W HEREAS , the City has a long- standing and well established relationship with the Ceres Youth Baseball (CYB) program; and
W
HEREAS, the City of Ceres and CYB would establish terms and conditions for a new agreement beginning on March 24, 2025 running through March 23, 2028 and offers CYB full access to Costa Fields from January through November; and W
HEREAS, CYB wishes to conduct baseball programs in Ceres to serve the youth of the community through the use of facilities owned by the CITY pursuant to CITY'S agreement; and
W
HEREAS, the CITY wish to assist the baseball program sponsored by CYB for the benefit of the youth of the community.

N
OW, THEREFORE, IT IS RESOLVED that the City Council of the City of Ceres does hereby approve a three-year agreement with Ceres Youth Baseball for the use of Costa Field s Baseball Complex and authorizeS the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of March 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
______________________________
Fallon Martin, City Clerk
ITEM 13
ITEM 13

ATTACHMENT B

Page 1 of 6 ends

4912-2321-9240, v. 2

AGREEMENT BETWEEN THE CITY OF CERES AND
CE
RES YOUTH BASEBALL, INC.

THIS AGREEMENT is made this March 24, 2025, between the City of Ceres, hereinafter referred to as the ("C ity"), and C ERES YOUTH BASEBALL, INC , hereinafter referred to as ( "CYB")’ (each a “ Party” or collectively the “ Parties”). There are no other parties to this Agreement.

W
HEREAS, CYB seeks to offer baseball programs in Ceres for the community's youth, utilizing facilities owned by the City under the terms of this Agreement; W
HEREAS, the City agrees to support CYB's baseball program for the benefit of the community's youth;
NO
W, THEREFORE, the parties as follows:

A. RIGHTS AND RESPONSIBILITIES OF THE CITY:

T
hat in consideration of CYB offering baseball programs for Ceres youth, the City shall::
1) D
esignate CYB as the recognized athletic organization responsible for providin g and organizing youth baseball recreational programs conducted within Ceres. 2) Provide CYB with priority rights for the use of George Costa Fields January 1 st – November 30th which accounts for recreation, Blaze, Sizzle Play, tournaments, and practices.
a) C
YB shall have priority rights for the use of the f acilities at Costa Ball Field Complex located at Smyrna Park for its Recreational League and five (5) Competitive League tournaments . The “ Recreational L eague” is hereby defined as an intraclub league in which any Ceres youth may participate in sports without being denied the ability to play based on talent. The “Competitive League” is hereby defined as a league where the use of tryouts, invitations, recruiting, or any similar process that rosters players to any team on the basis of talent or ability is used. At least 80% of the players in both recreational and non- recreational play must be Residents of Stanislaus County .
b) C
YB shall pay a flat fee of $13,000 to host the tournaments, with $6,500 due by March 1st and the remaining $6,500 due by April 1st.. 3) Prior to any field use, CYB must submit a full season schedule to the City by ITEM 13

ATTACHMENT B

Page 2 of 6 ends

4912-2321-9240, v. 2
February 1st for Spring and Summer, and by July 1st for Fall. 4) CYB must provide the City witha list of all Board Members including their names and positions, by January 1st each year..
5) CYB must make available the board meeting schedule, meeting agendas (posted at least 48 hours before the meeting), and meeting minutes available to the public prior to the next scheduled meeting.
6) CYB must provide the Recreation Supervisor with a list of authorized key holders, with no more than ten (10) keys assigned. CYB is responsible for those key holders.

If keys are lost, CYB must cover the cost of replacing locks and keys, with the City coordinating the replacement.
7) The City will schedule tournaments, games, and practices for organized activities within the Complex after CYB’s Recreational League and Annual Tournaments have concluded. City scheduling will follow CYB’s submission of its schedule. 8) City scheduled events shall take priority over any CYB event s, excluding the Recreational League and Tournaments . The City shall grant CYB free use of the field for practices outside of the Recreation League and Tournaments. 9) The City shall be responsible for the maintenance and repair of the main structures within the Complex beyond routine day-to-day maintenance . 10) Vehicle use within the Complex requires prior approval from the Manager of Recreation.
11) No City property may be removed from the Complex without prior approval from the Director of Public Works or Recreation Supervisor.

B. RIGHTS AND RESPONSIBILITIES OF CYB
I
n consideration of the rights granted by the City for the use of the facilities in this Agreement, CYB shall:
1) S
ubmit a schedule for the Recreational League and Annual Tournaments for the Complex by February 1st for Spring/Summer and July 1st for Fall. CYB shall not sublet any ball fields, and no general public scheduling will occur during the Recreational League season or Tournaments.
2) P
rovide a list of authorized CYB agents to the Recreation Department no later than March 15th of each year.

ITEM 13

ATTACHMENT B

Page 3 of 6 ends

4912-2321-9240, v. 2
3) Coordinate all concession activities during the Recreational League, T ournaments, any other events scheduled by the City. The Concession Stand will be open during all events.
4) C
YB shall be responsible for marketing the Costa Ball Field Complex , including all advertisements . Banners shall be four (4) feet in height and either six (6), eight (8), or ten (10) feet in length. Any additional banner sizes must be approved by the Public Works Director.
5) Co
llection of Revenues:
a) CYB shall retain all gate fees and registration during the Recreational L eague and the Tournaments.
b) CYB shall retain all concession revenues.
6) CY
B shall be responsible for all field and facility preparation for all scheduled tournaments, games, and events at the Costa Ball Field Complex during the contract period .
7) C
YB shall be responsible for all field preparation at the Costa Ball Field Complex. In return for the field preparation, the City provide CYB:
1) One (1) pallet of base line chalk
2) One (1) pallet of drying agent
8) CY
B shall m aintain the Costa Ball Field Complex in a clean and safe manner throughout the entire year. In return, the City shall deliver to CYB:
1) 20 cases of toilet paper,
2) 10 cases of toilet seat covers,
3) 10 cases of 55 gallon trash bags
4) Two (2) cases of 33 gallon trash bags
9) CY
B shall assume all lawn maintenance.
a) CYB is responsible all irrigation system maintenance. Annually, in January, the City shall provide to CYB:
1) Three (3) cases of sprinklers to CYB
10)CY
B shall be responsible for all field conditioning throughout the year. 11)Fi
eld lighting may only be used from dusk until 11:00 p.m ., Lighting for league play and tournaments is allowed from 6:00 a.m. to 7:30 a.m. for field preparation. 12)CY
B will pay the City a player fee based on the number of registered players. Player fees are assessed per registered player to help offset the operation and maintenance cost associated with the Costa Ball Field Complex.The payment is due no later than April 30th of each year. Fees schedule are as follows:
a) Recreational League: $40.00 per player
ITEM 13

ATTACHMENT B

Page 4 of 6 ends

4912-2321-9240, v. 2
b) Blaze Fees:$40.00 per player.
c) Sizzle Fees: $40.00 per player.
13)C
YB shall provide the City with complete rosters by March 15th, including all travel teams, all-star, including all rosters of teams outside of CYB recreational league.

This includes players with hardship/scholarships, whose registration fees are fully or partially paid, or waived.
14)CYB shall include youth softball activities as a part of its program. 15)C
YB shall make every effort to shop locally.
16)CY
B shall provide weekly landscape services for the Costa Fields, including weed eating, edging, and blowing all hard edges, walkways, and tree skirts throughout the year.
17)CY
B shall provide monthly financial reports including but not limited to: revenue and expenditure reports, concession reports , and Board minutes. These reports must be submitted to the Recreation Supervisory no later than the last day of the month for the prior month’s operations. On a quarterly basis, CYB shall meet with the City to discuss the financial reports, and review past, current and future goals for the facility and CYB.
18)C
YB shall pay to all individuals performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.
19)CY
B shall cooperate with the City, other affiliated groups, to assist the City in funding the necessary improvements to the baseball facilities utilized by CYB . No new or existing improvements may be constructed by CYB without approval by the Recreation Manager or the City Council, depending on the facility .

ITEM 13

ATTACHMENT B

Page 5 of 6 ends

4912-2321-9240, v. 2
20)By March 15th of each year, CYB shall provide a copy of the sign-up forms indicating a Release/Waiver of Liability from the parents of all participants in any leagues or tournaments.

C. INSURANCE REQUIREMENTS
CY
B shall maintain Commercial General Liability coverage, which will protect the City, CYB from all liability for death, injury or property damage arising out of the use of City property. The policy shall name the City as an additional insured by a separate written endorsement and shall cover no less than
$2 million per occurrence for bodily injury and property damage. CYB shall provide the City with proof of such insurance coverage annually. CYB shall provide proof of workers’ compensation for all employees providing services at City properties.

D. INDEMNITY
C
YB shall indemnify, defend, and hold harmless the C ity, their officers, officials , volunteers, and employees from all claims, damages, losses, and expenses including reasonable attorney fees arising out of the performance of any services or activities conducted, including acts of negligence of the City.

CYB's obligation to defend, indemnify, and hold C, or its agents, officers, volunteers and employees harmless Lender the provision of this paragraph is not limited to or restricted by any requirements in this Agreement for CYB to procure and maintain a policy of insurance.

E. RULES AND REGULATIONS

1. CY
B shall comply by all Rules of the Costa Ball Field Complex and this Agreement, as adopted by the C ity Council and may be amended from time to t ime. Violations of the Rules or this Agreement will result in the following penaltied :
1st Violation A written warning advising CYB of the violation 2nd Violation $100 fine
3rd Violation $200.00 fine (and subsequent violations)
4th Violations Termination

2. A violation, if any, is reported and verified breach of the Rules, Rates, Standards ITEM 13

Page 6 of 6 ends

4912-2321-9240, v. 2

ATTACHMENT B
and this Agreement. The violations will be cumulative per calendar year. The City’s Recreation and/or Public Works Department will be the determining agency. • E
xhibit “C” Costa Ball Field Complex Rules, Regulations Brochure • Exhibit “D” Recreation Reservation Rates

3. T
he City shall reserve the right to terminate this agreement upon the failure of CYB to perform the obligations required by the Agreement. In the event CYB fails to perform any of its obligations under this agreement, it shall be given thirty (30) days written notice of such failure by the City. If the failure to perform is not rectified within thirty (30) days of the service of said notice, the City may terminate this Agreement.

F. TERM OF AGREEMENT
The t
erms of t his Agreement shall commence on March 24, 2025, and continue until March 23, 2028. Both parties agree to meet in good faith prior to the expiration to negotiate a new agreement. Either party may request to meet and confer on the Agreement at any time, with such requests made in writing.

G. TERMINATION
T
his agreement may be terminated by mutual agreement at any time or as set forth in Section E.

I
N WITNESS WHERE OF, the parties have signed this agreement on the date set forth herein above
D
ated: ____________________________ Dated: _______________________________ C
ITY OF CERES, a municipal corporation Ceres Youth Baseball, Inc.

B
y: _______________________ By: _________________________ Doug Dunford, City Manager Jorge Guerrero, CYB President 2713 Oasis Avenue
Ceres, CA 95307
APPR
OVED AS TO FORM:

By:
_____________________________
Nubia I. Goldstein, City Attorney
ITEM 13
ITEM 13
ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 24, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering / City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2025-XXX, Accepting the Richland Sanitary Sewer Replacement Project as Complete, Approving the Balancing Contract Change Order , A uthorizing the Filing of the Notice of Completion, and Authoriz ing the Release of the Remaining Retention to the Contractor
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council to adopt a Resolution accepting the Richland Sanitary Sewer Replacement Project as complete; approve the Balancing Contract Change Order, authorize the filing of the Notice of Completion and releasing the remaining retention to the Contractor.

I. BACKGROUND:

In O
ctober 2022, Public Works staff discovered deterioration and defects in the Richland Avenue sanitary sewer main including a collapsed section which required emergency repairs. Emergency repairs were completed in November of 2022 by Mozingo Construction Inc. The Richland Sanitary Sewer Replacement Project was then developed in order to replace remaining deteriorated pipes. The project consisted of the replacement of approximately 1,674 linear feet of 18- inch sewer main and 286 linear feet of 8- inch sewer main, all related manholes, laterals, and restoration on Richland Avenue between Rancho Drive and Darby Lane. During construction it was determined that the connection at Darby Lane to Richland Avenue had been installed incorrectly. It was further determined that this was a trouble spot for Public Works maintenance crews who had to flush the Darby Lane main several times a year. To correct this, the sanitary sewer main along Darby Lane needed to be replaced from Richland Avenue to Bernice Drive.

II. REASONS FOR RECOMMENDATION:

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

ITEM 14
III. FISCAL IMPACTS:

The contract was awarded in the amount of $872,250.00, plus a 10% contingency. The final construction cost for the project was $991,293.00, and a 14% contingency in the amount of $119,043.00 was used. Additional funds to cover final payment and retention are available in project no. 2417.

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.

This project also conforms with the Fifth Goal to increase the efficiency and effectiveness of Government Opperations by proactively fixing the discovered problems at Darby Lane and reducing strain on Public Works maintenance crews.

V. POLICY ALTERNATIVES:

The City Council can choose to:

1. A pprove the request as recommended by staff; or

2. D eny the request; or

3. Continue to a future City Council Meeting
VI. INTERDEPARTMENTAL COORDINATION:

The Engineering Services Department has coordinated with the Public Works Department, Sewer Division.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

The project was filed with a Categorical Exemption under section 15301 Class I (b)(c)(d) IX. STEPS FOLLOWING APPROVAL:

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

Approved by: __________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Notice of Completion

3. Attachment C – Balance Change Order
ITEM 14

ATTACHMENT A
RESOLUTION NO. 2025-XXX

ACCEPTING THE RICHLAND SANITARY SEWER REPLACEMENT

PROJECT AS COMPLETE, APPROVING THE BALANCING

CONTRACT CHANGE ORDER, AUTHORIZING THE FILING OF THE

NOTICE OF COMPLETION, AND AUTHORIZING THE RELEASE OF

THE REMAINING RETENTION TO THE CONTRACTOR

THE CITY COUNCIL
City of Ceres

WHEREAS, Rolfe Construction Inc. has completed all work required pursuant to their contract with the City of Ceres for the Richland Sanitary Sewer Replacement Project; and

WHEREAS, the Director of Engineering has recommended that this project be accepted as complete, and that the contractor, Rolfe Construction Inc., be paid all sums due under the contract; and

WHEREAS, the final contract amount is $991,293.00 and the funds to cover the final payment and retention funds are available in account number (2417) 56795.800500; and

WHEREAS, it appears that the sums due under the contract are reasonable.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby a ccept the Richland Sanitary Sewer Replacement Project as c omplete, approves the Balancing Contract Change Order , authorizes the Filing of the Notice of Completion, and authorizes the release of the remaining retention to the contractor

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of March 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14

ATTACHMENT B

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN:

1. On July 8 , 2024, the City of Ceres , a Municipal Corporation in the County of Stanislaus, State of California accepted the bid of Rolfe Construction Inc., for the Richland Sanitary Sewer Replacement Project.

2. On February 21, 20 25, the said contract was completed by Rolfe Construction Inc. and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 24th day of March 2025.

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

By: _______________________________
Fallon Martin, City Clerk
City of Ceres

VERIFICATION

I, the undersigned, affirm:

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

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

Executed in the City of Ceres, County of Stanislaus, State of California on this 24th day of March 2025.

By: ________________________________________,
Fallon Martin, City Clerk

ITEM 14
ITEM 14
ITEM NO.
l
2 3
4 s
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 Z1
22 BALANCING CONTRACT CHANGE ORDER
March 6, 2025
RICHLAND SANITARY SEWER SEWER REPLACEMENT PROJECl
PROJECT NO. P23-007

ITEM DESCRIPTION UNIT OF ESTIMATED CONTRACT CONTRACT BID ACTUAL ....... o. nUANTITV llNITDD•r• ITEM TOTAL QUANTITIES
Pennits, Bonds, Licenses, & Insurance LS 1.00 $ 42,952.00 $ 42,9S2.00 1 Public Convenience and Safety LS 1.00 $ 15,704.00 $ lS,704.00 1 Water Pollution Control LS 1.00 $ 18,954.00 $ 18,954.00 1 Street Sweeping LS 1.00 $ 15,704.00 $ 15,704.00 1
Surveying Services LS 1.00 $ 27,476.00 s 27,476.00 1
Portable Changeable Message Signs LS 1.00 $ 49 ,452.00 s 49,452.00 1 Bypass pumping / Plug a1 Manholes LS 1.00 $ 65,520.00 $ 65,520.00 1 Remove and Dispose Santtary Sewer Pipe LF 1,851 $ 12.00 $ 22,212.00 2087 Abandon Sanitary Sewer Main LF 444.00 $ 63.00 s 27,972.00 426 Abandon Sanitary Sewer Manhole EA 1.00 $ 9,854.00 $ 9,854.00 1 Remove and Dispose Sanitary Manhole EA 7.00 $ 557.00 $ 3,899.00 8 Furnish and Install 6--inch VCP Sewer Main LF 18.00 $ 363.50 $ 6,543.00 18 Furnish and Install 8-inch PVC Sewer Main LF 286.00 $ 118.50 $ 33,891.00 741 Furnish and Install 18-inch Sanitite RP Sewer LF 1,674 $ 116.00 s 194,184.00 1620 Main Furnish and Install 18-inch PVC (PS 115) LF 563.00 $ 156.00 $ 87,828.00 216 Sewer Main Furnish and Install Sanitary Manhole EA 13.00 $ 5,059.00 s 65,767.00 10 Connect to Existing Sanitary Sewer Manhole EA 3.00 s 5,252.00 s 15,756.00 5 Connect to Existing Sanitary Sewer Pipe EA 7.00 $ 2,537.00 $ 17,759.00 7 Connect Sanitary Sewer Lateral to Manhole EA 4.00 s 2,301.00 s 9,204.00 4 Sanitary Sewer Lateral to Sewer Main EA 3.00 s 3,285.00 $ 9,855.00 18 IGiddinas\ Trench Patch SF 20,648 $ 5.50 $ 113,564.00 34587
Pavement Delination Restoration LS 1.00 $ 18,200.00 $ 18,200.00 1 SUB-TOTAL $ 872,250.00

CONTRACT CHANGE ORDERS

ATTACHMENT C

ADJUSTED TOTAL
nuANTITIES
0 $ 42,9S2.00
0 $ 15,704.00
0 s 18,954.00
0 s 15,704.00
0 $ 27,476.00
0 $ 49,452.00
0 $ 65,520.00
236 s 25,044.00
-18 $ 26,838.00
0 $ 9,854.00
1 $ 4,456.00
0 $ 6,543.00
455 $ 87,808.50
-54 s 187,920.00
-347 $ 33,696.00
-3 s 50,590.00
2 s 26,260.00
0 s 17,759.00
0 s 9,204.00
15 $ 59,130.00
13939 s 190,228.50
0 s 18,200.00
SUB-TOTAL $ 989,293.00
ITEM NO., ITEM DESCRIPTION UNITOF ESTIMATED CONTRACT I CHANGE ORDER I ACTUAL I

ADJUSTED TOTAL

MEASURE QUANTITY UNIT PRICE ITEM QUANTITIES QUANTIES
CC0-01 IAdditlonal Traffic Control Darbv Lane
Original Contract Price:

Contract Change at Unit Prices:

Contract Change Orders:

Final Total:

Total Net Increase:

Total Net Decrease:

Approved Contingency:

Used Contingency:

Liquidated Damages/Contractor Claims:

ACCEPTANCE BY CONTRACTOR:

LS
$872,250.00
$117,043.00
$2,000.00
$991,293.00
$119,043.00
$0.00
$87,225.00
$119,043.00
$0.00
1 $ 2,000.00 I s 2,000.00 I 1 I 0 s 2,000.00
SUB-TOTAL CCO $ 2,000.00
10%
14%
TOTALI $ s14,2so.oo I
Date of Substantial Completion:

Final Project Completion:

City Council Scheduled Date:

TOTAL $ 991,293.00
Friday, January 24, 2025
Friday, February 21, 2025
Monday, March 24, 2025
I have examined the quantities of contract items and amounts indicated as payment for extra work and deductions on the proposed final estimate, and I a ree to accept the total.

Exceptions (Check One)
None
As indicated on the attached letter dated: ____ _ BY: Dennis Rolfe RECOMMENDED: _______________ _
Eric Soito, Senf or Civil Engineer
APPROVED: ___ _____________ _
ITEM 14
ITEM 14

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 24, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5764
SUBJECT: Resolution No. 202 5-XXX, Approving an Investment Resolution with US Bank for the City of Ceres
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve the Investment Resolution for the City of Ceres.

I. BACKGRO UND:

The City of Ceres adopted a Statement of Investment Policy in 2007. The primary objectives of investment activities, in order of priority, are safety, liquidity, and yield. The safety and risk associated with an investment refers to the potential loss of principal, interest, or a combination of these amounts. The City only operates in those investment that are considered very safe. Liquidity refers to the ability to “cash in” at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs .

Yield is the potential dollar earnings an investment can provide and sometimes is described as the rate of return. Yield is a consideration only after the basic requirements of safety and liquidity have been met.

Municipal Code section 3.02.040 states that city funds which have been deposited as provided in 3.02.030 of the Municipal Code, may be invested in accordance with the requirements of law and any investment policy statement approved by the City Council.

All funds paid to or received by the City, shall be invested in accordance with the provision of the contract approved by the City Council. The City Council is responsible for the investment of such funds.

Pr
ior to this fiscal year, the City of Ceres invested a percentage of its idle cash in certificate of deposits, agency bonds, and the Local Agency Investment Fund (LAIF). The remainder of the money was held in the operating account, which had not been earning interest. Over the last six months , money in the investment account was reinvested in additional agency bonds and certificate of deposits, action was taken to negotiate a rate ITEM 15
of return for deposits at the City operating bank (WestAmerica), and additional money was transferred to LAIF.

The C
ity’s investments are held by a Third Party Safekeeping account with US Bank.

Based on discussion with US Bank, staff determined that opening a money market account with US Bank would be beneficial to the city. This account would yield higher returns while maintaining safety and liquidity . T his resolution authorizes the Finance Director and/or the City Manager to open a money market account with US Bank.

II. REASONS FOR RECOMMENDATION :

There are multiple investment opportunities that will protect the City’s cash (princi pal) while maximizing interest earrings. Opening a money market account with US Bank will allow liquidity and safety of funds while earning a higher interest rate than those offered by WestAmerica and LAIF.

III. FISCAL IMPACTS:

Opening a money market account with US Bank will increase the City’s investment revenue. Investment income will be allocated to the various funds proportionately based on their respective participation in the pooled cash account and in accordance with generally accepted accounting principles.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Do nothing and continue using the City’s accounts at WestAmerica and LAIF.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. ST EPS F OLLOWING APPROVAL:

Complete the US Bank new account application and submit the investment resolution to US Bank.

Appr
oved by: __________________
Douglas D. Dunford,
City Manager
ITEM 15
Attachments:

1. Attachment A – Resolution

2. Attachment B – Investment Resolution

3. Attachment C – US Bank New Account
ITEM 15
ITEM 15

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING AN INVESTMENT RESOLUTION WITH US BANK FOR

THE CITY OF CERES

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres adopted a Statement of Investment Policy in 2007; and

WHEREAS, Municipal Code section 3.02.040 states that city funds which have been deposited as provided in 3.02.030 of the Municipal Code, may be invested in accordance with the requirements of law and any investment policy statement approved by the City Council; and

WHEREAS, all funds paid to or received by the City, the deposit of which by the City is governed by contract approved by the City Council or by statue or regulation, shall be invested in accordance with the provision of the contract approved by the City Council or in accordance with any applicable statue or regulation which governs the investment of such funds. The City Council shall be responsible for the investment of such funds ; and

WHEREAS, all other funds are subject to investment by the City Council under the provisions of Government Code section 53601, and

WHEREAS, it is in the best interest of the City of Ceres to deposit monies which may from time to time be surplus to the immediate needs of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an investment resolution with US Bank for the City of Ceres.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of March 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 15
ITEM 15

INVESTMENT RESOLUTION
(Name of Public Agency)
RESOLVED, that any one of the officers of this public agency designated below:
(identify authorized officers by title e.g. Treasurer, Controller, Director of Finance, etc.) is/are authorized, on behalf of and in the name of this public agency, (a) to direct, orally or in writing or electronically or through any other medium agreed to by said officer(s) and the Money Center Department of U.S. Bank National Association ("Money Center"), the opening of an investment account and the investment of public agency funds in securities and/or time deposits with and/or through the Money Center through such account; (b) to execute, on behalf of the public agency, contracts or agreements in connection with such investment account in the usual form provided by the Money Center for such accounts generally; ( c) to receive in respect of said investment account confirmations, receipts, notices, demands, reports, and communications of any kind; ( d) to receive in respect of said investment account money, securities, time deposits, and property of every kind, and to dispose of same; ( e) to endorse and deliver for deposit, negotiation, transfer, pledge, or sale, and to identify or guarantee signatures or endorsements on, notes, certificates of deposit, checks, and securities of all kinds, either belonging to or coming into the possession of the public agency; and (f) to authorize, orally or in writing or through any other medium agreed to by said officer(s) and the Money Center, the debiting and/or crediting by the Money Center of this public agency's deposit account(s) at any financial institution for the purpose of effecting such transaction.

FURTHER RESOLVED, that the City Clerk (identify certifying officer by title) of this public agency is authorized and directed to certify to the Money Center the foregoing resolutions and that the provisions thereof are in conformity with the resolutions, articles, bylaws, policies or other governing document of this public agency and to certify to the Money Center the names of the persons now holding the offices referred to above and any changes hereafter in the persons holding said offices together with specimens of the signature of such present and future officers.

FURTHER RESOLVED, that the authority granted to the officers of this public agency shall continue in full force and effect, and the Money Center may rely thereon in dealing with such officers, unless and until written notice of any change in or revocation of such authority shall be delivered to the Money Center by an officer of this public agency, and any action taken by said officers and relied on by the Money Center pursuant to the authority granted herein to its receipt of such written notice shall be fully and conclusively binding on this public agency.

FURTHER RESOLVED, that the actions of any officer of this public agency heretofore taken in opening an investment account with the Money Center and in the investment of public agency funds through such account, be, and the same hereby are in all respects, ratified, confirmed, and approved.

FURTHER RESOLVED, that all prior resolutions of this public agency authorizing the opening of an investment account with the Money Center and the investment of public agency funds through such account, be, and the same hereby are, rescinded and superseded as to all such transactions with respect thereto effected after the date of adoption of these resolutions.

City of Ceres
Finance Director
City Manager
Attachment B
ITEM 15
City Clerk
City of Ceres
California
City Manager
Finance Director
Attachment B
ITEM 15
[!Ljbank.
us bank.com

IMPORTANT INFORMATION FOR

OPENING A NEW ACCOUNT
The following applies to Customer if Customer is classified as a municipality or an "obligated pers on" under the Municipal Advisor Rule.

Municipal Advisor Rule Disclosure
For purposes of Rule 15Ba1-1 et seq. (the"Rule") under Section 15B of the Securities Exchange Act of 1934 (the "Act"), U.S. Bank National Association ("Bank"): (1) is not recommending and will not recommend an action to Customer; (2) is not providing and will not provide "advice" to Customer as defi ned in the Rule, and any information or communication from Bank in respec t of Customer's account with the Money Cen ter or the Safek e eping Departments of Bank (the "Account(s)") or in respec t of any se curities transaction or potential se curities transaction to be executed via the Account(s) is not inten ded to be and should not be const11..1e1 as "advice" as defined in the Rule ; and (3) Bank is not acting as an advisor to Customer and does not owe Customer any fiduciary duty pursuant to Section 15B of the Act or otherwise with respec t to any such Accout(s), information, communication, transaction or potential transaction.

Customer should discuss any information or material provided to Customer by Bank in connection with tradirvJ, investing, or other activity in the Account(s) with any and all of Customer's internal or external advisors and experts that Customer de ems appropriate before acting on any such information or material.

Page 1 ends

Money Center & Safekeeping Customer Ag-eement (Revised 1/14/2022)

ATTACHMENT C
ITEM 15
X
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Finance Director
209-538-5764
209-538-5780
[email protected]
X
US Bank

ATTACHMENT C
ITEM 15

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 24, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Lea C. Simvoulakis, Community Development Director [email protected], (209) 538-5778
SUBJECT:

Resolution No. 2025-XXX, Adopting the Initial Study for the 2023- 2031 Housing Element of the General Plan
Resolution No. 2025-XXX, Adopting a General Plan Amendment to Repeal the 2015- 2023 Housing Element and Adopting the 2023 - 2031 Housing Element of the General Plan in Compliance with State Housing Element Law
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council adopt the Initial Study for the 2023- 2031 Housing Element of the General Plan and adopt a General Plan Amendment repealing the 2015- 2023 Housing Element and adopting the 2023-2031 Housing Element of the General Plan in compliance with State Housing Element Law.

I. BACKGRO UND:

The C
ity prepared a draft update to the Housing Element of the General Plan (Attachment E) to affirmatively further fair housing and accommodate the 3,361-unit Regional Housing Needs Allocation (RHNA) for the 2023-2031 6th Cycle Housing Element. The content of the draft 2023-2031 Housing Element is structured for consistency with the requirements set forth in state law. In addition to responding to requirements of state law, the Housing Element also demonstrates the City’s strategy for meeting the City’s locally determined housing needs and that these needs are addressed through policies and programs outlined within the Housing Element. Public review and input have been a critical component of this 6th Cycle Housing Element Update.

Thi
s staff report provides a summary of the Housing Element requirements, an overview of the status of the City’s draft Housing Element, and the findings provided to the City by the California Department of Housing and Community Development (HCD) on the fi rst 90-day review and subsequent 60- day review of the draft. The City has responded to HCD’s comments and believes that the draft Housing Element substantially complies with ITEM 16
Housing Element Law. The Housing Element and all pertinent information can also be found on the City’s website here: https://www.ceres.gov/1825/Housing-Element

State Housing Element Law

CA Government Code Title 7, Division 1, Chapter 3, Article 10.6 [65580 – 65589.11] regulates the use and requirements of housing elements in California. The state law requires jurisdictions to update their General Plan Housing Element every eight years.

State law further requires the current update for jurisdictions in the Stanislaus Council of Governments (StanCOG) region to comply by December 31, 2023.

The City’s 2023-2031 Draft Housing Element was prepared with the benefit of input from the community and discussion at public meetings held by the City Council. Guidance was also provided by HCD throughout the process.

On July 17, 2023 the City released the Public Review Draft Housing Element for a 30-day review and public comment period. The public comment period ended on August 21, 2023. The draft was subsequently revised to address public comment, and on September 15, 2023, the City submitted the Initial Draft Housing Element to Housing and Community Development (HCD) for a 90-day review.

The City received HCD’s 90 -day findings letter on December 14, 2023. Based on discussions with HCD, staff revised the draft Housing Element to include additional information and analysis. Prior to resubmittal to HCD, the draft Housing Element was posted for a seven -day public review and comment period beginning on June 21, 2024 and ending on June 28, 2024. All public comments were considered during preparation of the subsequent drafts.

On July 1, 2024 the revised document was submitted to HCD for subsequent 60- day review period. The City received a 60- day findings letter on August 30, 2024 indicating minor edits were necessary to substantially comply with State law. Prior to resubmittal to HCD, the draft Housing Element was posted for a seven-day public review and comment period beginning on January 10, 2025 and ending on January 17, 2025. On January 22, 2025 the City submitted the revised draft to HCD for review.

The following section summarizes the required components of Housing Element Updates per State law, new requirements since the 5th Cycle Housing Element Update (2015- 2023), and penalties for noncompliance with Housing Element laws. The section also includes a summary of public meetings related to the 6th Cycle Housing Element Update prior to today’s meeting.

Required Components of a Housing Element

Pursuant to Government Code Section 65583, local governments are required to include the items below as components within their Housing Elements and subsequent updates thereto. Newly required components introduced as part of the 6th Cycle are noted below and discussed in further detail within the “New Requirements for the 6th Cycle Housing Element Update” Section below.

1. Housing Needs Assessment
ITEM 16

2. Evaluation of Past Performance

3. Housing Sites Inventory

4. Community Engagement

5. Constraints Analysis

6. Policies and Programs

7. Affirmatively Furthering Fair Housing

New Requirements for the 6th Cycle Housing Element Update

Pursuant to recent State legislation, the following items are now required as part of the Housing Element Update process:

Affirmatively Furthering Fair Housing (AFFH)

Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing. According to AB 686, affirmatively furthering fair housing means to take “meaningful actions, in addition to combating discrimination, which overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics (such as race, sexual orientation, or disability)” and is Federally mandated by the 1968 Fair Housing Act.

Public Comment on Draft Revisions

Assembly Bill 215 (AB 215, 2021) requires local governments to make the first draft revision of their housing element update available for public comment for at least 30days.

Further, if any comments are received, a local government must take at least ten additional business days to consider and incorporate public comments into the draft revision before submitting to HCD. HCD must review the draft and report its written findings to the planning agency within 90 days of receiving the first draft submittal for each housing element revision or within 60 days of its receipt for a subsequent draft amendment or adoption.

Penalties for Non-C
ompliance

Under new 6th Cycle regulations, jurisdictions face several new consequences for not having a certified Housing Element. Under legislation enacted in recent years, if a jurisdiction does not comply with State housing law, HCD may refer the jurisdiction to the Attorney General. Significant fines may be imposed if a jurisdiction does not comply with a court order within one year. A court finding a Housing Element inadequate may limit local land use decision-making authority until the jurisdiction brings its Housing Element into compliance, or local governments may lose the right to deny certain projects, including those submitted under the “Builder’s Remedy”.

Conversely, an HCD -certified housing element makes jurisdictions eligible for, or with higher priority for, numerous sources of funding, such as Local Housing Allocations, Affordable Housing and Sustainable Communities Grants, SB 1 Planning Grants, CalHOME Program Grants, Infill Infrastructure Grants, Pro- Housing Design funding, Local Housing Trust Funds and Regional Transportation Funds (such as Stanislaus Regional Transportation Authority grants).

ITEM 16
Summary of Prior Meetings and Outreach

The City has conducted a comprehensive community engagement and outreach strategy as required by the Government Code to inform the 6th Cycle Housing Element Update Process. These meetings and outreach events are summarized in Appendix E Outreach and Public Participation of the final draft Housing Element. Feedback received throughout the ongoing community engagement and outreach process has assisted the consulting team in preparing the draft Housing Element Update and related items.

Regional Housing Needs Allocation (RHNA)

In December 2021, the California Department of Housing and Community Development (HCD) issued a Final Regional Housing Need Determination to the StanCOG region for the 6th Cycle planning period of June 30, 2023 to December 31, 2031 and determined that the region must zone to accommodate a minimum of 34,344 housing units during this period.

California housing law (Government Code § 65580 et seq.) requires StanCOG to develop a Regional Housing Needs Allocation (RHNA) Plan to allocate existing and projected housing needs to local jurisdictions within Stanislaus County. Based on the final RHNA Plan, each city and the county must update its housing element to demonstrate how the jurisdiction will meet the expected growth in housing needs over this period of time. On August 17, 2022, the StanCOG Board of Directors adopted the Final 2023-2031 6th Cycle RHNA Plan. StanCOG’s Plan distributes the RHNA across the region’s county and cities based on demographic, and population data received from the California Department of Finance (DOF). Local jurisdictions must then utilize their ascribed RHNA to update the housing elements of their general plans for the 6th Cycle planning period, inclusive of identifying eligible land resources to accommodate this RHNA. The City of Ceres’ RHNA is 3,361 units.

RHNA requirements are organized into four affordability categories, established according to the Area Median Income (AMI) of a geography. These categories include very low-income residential units, which are affordable to households earning less than 50% of AMI; low -income residential units, which are affordable to households earning between 50% and 80% of AMI; moderate income residential units, which are affordable to households earning between 80% and 120%; and above moderate-income residential units which are affordable to households earning upwards of 120% of AMI. The City’s RHNA breakdown is as follows:

• 706 very low-income units;
• 489 low-income units;
• 661 moderate-income units; and
• 1,505 above moderate-income units.

Housing Needs Assessment

As part of the Housing Element Update process the City is required to analyze the existing and projected housing needs of the City, including its fair share of RHNA requirements.

The City’s analysis of housing needs is required to include an assessment of detailed demographic data, including population, age, size, and ethnicity; household ITEM 16
characteristics; overpayment trends; housing stock conditions; units in need of replacement or rehabilitation; and needs of special needs populations including the elderly, persons with disabilities, unhoused persons, extremely low -income households, and farmworkers. The 6th Cycle Housing Element Update outlines the housing needs of the City in Appendix A.

Constraints Analysis

In addition to analyzing the existing and projected housing needs of the City, the Housing Element Update must also identify and analyze potential and actual governmental and nongovernmental constraints to the maintenance, improvement, or development of housing for all income levels in the community, regardless of protected class. A summary of constraints to the development and improvement of housing in the City can be found in Appendix B of the Housing Element.

Housing Resources & Sites Inventory

As part of the 6th Cycle housing element update, the City is also required to identify resources available to the City for the preservation, rehabilitation, and production of housing throughout the community. This includes programmatic and financial resources, such as those offered locally or through State or Federal partners. These resources also include land resources within the City that were identified as eligible for accommodation of the City’s RHNA Requirements. Pursuant to Government Code Section 65583.2(a) the following land resources are eligible for accommodation of the City RHNA: vacant sites zoned for residential use; or vacant sites zoned for nonresidential use that allow residential development; or residentially zoned sites that are capable of being developed at a higher density; or sites zoned for nonresidential use that can be redeveloped for residential use, and for which the Housing Element includes a program to rezone the site.

The City’s Housing Sites Inventory is included in Appendix C of the Housing Element.

Policies and Programs

The Housing Element Update includes a set of goals, policies, and implementing programs intended to promote the preservation, rehabilitation, and production of housing throughout the City. Goals are long range, broad, and comprehensive targets that describe the future outcomes the City desires. A policy is a specific instructional guideline that seeks to promote goals. Together, goals and policies are implemented through a series of programs that identify specific, quantifiable actions the City will undertake during the 6th Cycle planning period. A summary of Draft Goals, Policies, and Programs can be found in Chapter 2 of the Housing Element.

Affirmatively Furthering Fair Housing (AFFH)

Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing as part of the Housing Element Update process. These requirements found in Government Code Section 8899.50 are intended to address racial inequalities seen today throughout the region which developed through historical policies and practices enacted at federal, state, regional and local levels and across the public and private sectors. Though many of these explicit forms of historical discrimination have been outlawed, the results of these systems have left a lasting imprint on both the region ITEM 16
and the City. Racially explicit practices (e.g., racial covenants) that excluded persons of color from predominately white neighborhoods have been replaced with race-neutral land use policies that continue to exclude these same groups. Furthermore, rapidly increasing housing costs have deepened racial and economic disparity and segregation, displacing many low-income individuals and people of color to the peripheries of the region or out of the region altogether.

Accordingly, the City must incorporate fair housing considerations into its 6th Cycle Housing Element Update to increase housing opportunities in high- resource neighborhoods and bring additional resources to traditionally under -resourced neighborhoods. A summary of the required AFFH component can be found in Chapter 1, Section 1.4 of the Housing Element.

Targeted Community Outreach

The City must demonstrate “meaningful, frequent, and ongoing community participation, consultation, and coordination” as part of the 6th Cycle Housing Element Update process.

This is intended to ensure that input has been received from groups historically and presently most impacted by fair housing issues and that local knowledge is incorporated into Housing Elements. A summary of the City’s targeted community outreach efforts can be found in Chapter 1, Section 1.6 of the Housing Element. Additional information can be found in Appendix E.

Assessment of Fair Housing

The City must also describe and analyze the unique housing circumstances of the City.

This analysis is referred to as an Assessment of Fair Housing (AFH) and analyzes circumstances within the City pertaining to Fair Housing which can be found in Chapter 4 and Appendix A of the Housing Element.

Segregation and Integration Patterns

The City’s AFH also analyzes segregation and integration patterns within the jurisdiction as well as regionally. Segregation and integration patterns are analyzed by evaluating the concentration (or lack thereof) of protected groups within the community, relative to their distribution across a larger geography.

Disparities In Access to Opportunity

The City’s AFH also evaluates disparities in access to opportunity within the City, which are areas within the City that have substantial differences in access to education, transportation, economic and environmental outcomes than other areas as identified by the California Tax Credit Allocation Committee (TCAC).

Disproportionate Housing Needs (For Low-I
ncome Households and Protected Classes)

The City’s AFH also evaluates disproportionate housing needs among low -income households and protected classes within the City. Disproportionate housing needs are evident when members of a protected group disproportionately experience a housing ITEM 16
need compared to other groups or the total population. Disproportionate housing needs typically refer to the risk of displacement, overcrowding, or cost-burden, among others.

Sites Inventory

State Law requires the City to evaluate whether Housing Sites identified as suitable for accommodation of the City’s RHNA requirements are identified relative to the full scope of the assessment of fair housing (e.g., segregation and integration, racially and ethnically concentrated areas of poverty and affluence, access to opportunity, etc.). A summary of how Housing Sites were identified consistent with AFFH can be found in Chapter 4 of the Housing Element.

Goals, Policies, and Actions

The policies and programs responsive to State Law demonstrating the City’s commitment to affirmatively further fair housing as part of the Housing Element Update process can be found in Chapter 2 of the Housing Element.

Evaluation of Past Progress

Pursuant to State Law, the implementation status of Goals, Policies, and Programs from the City’s 5th Cycle Housing Element Update has been included in Appendix D of the Housing Element.

Review Process

Below is a summary of the formal review process. Numerous informal rounds of review with HCD also occurred.

• On September 15, 2023, the City submitted the draft Housing Element to HCD for a mandatory 90-day review.
• On December 14, 2023, the City received HCD’s 90- day findings regarding the Element’s compliance with state law, included as Attachment C. • On July 1, 2024, the City submitted a revised draft Housing Element to HCD for a mandatory 60-day review.
• On August 30, 2024, the City received HCD’s 60- day findings regarding the Element’s compliance with state law, included as Attachment D. • On January 22, 2025, the City submitted a final draft Housing Element to HCD for review, included as Attachment E.
• On February 3, 2025, the City received HCD’s findings regarding the revised draft Housing Element’s compliance with state law, included as Attachment F.

II. RE
ASONS FOR RECOMMENDATIO NS:

The recommendation for adopting the 2023 –2031 Housing Element and associated CEQA documentation is based on HCD’s confirmation that it meets statutory requirements, and its alignment with the City's RHNA allocation and fair housing goals.

The Housing Element has undergone extensive public review, revisions in response to HCD feedback, and environmental review under CEQA, culminating in an Initial Study ITEM 16
that confirms no significant environmental impacts, thereby supporting the City's eligibility for critical housing-related funding and avoiding penalties for non-compliance.

III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

If these Resolutions are not approved by the City Council, the City’s Housing Element will not be certified by HCD , and the City will be out of compliance with State Law. If a Housing Element is not certified by HCD, HCD may notify the Attorney General, which may bring suit for violations of S tate Housing Element Law. Further, state law provides for court-imposed penalties for persistent noncompliance, including financial penalties.

Such penalties include a fine of $10,000 per month, up to $100,000 per month. If a jurisdiction remains noncompliance, a court can multiply those penalties by a factor of size. Other potential ramifications could include the loss of local land use authority to a court-appointed agent. In addition to these legal remedies available to the courts, under the Housing Accountability Act (Gov. Code Section 65589.5 subd. (d)), jurisdictions without a substantially compliance housing element cannot rely on inconsistency with zoning and General Plan standards as a basis for denial of a housing project for very low, low-, or moderate-income households (known as the “Builder’s Remedy”).

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The City conducted a comprehensive community engagement and outreach strategy as required by the Government Code to inform the 6th Cycle Housing Element Update Process. These meetings and outreach events are summarized in Appendix E Outreach and Public Participation of the final draft Housing Element.

VIII. ENVIRONMENTAL REVIEW:

The City prepared the necessary environmental review, consistent with the California Environmental Quality Act (CEQA), for the Draft 2023 –2031 Housing Element Update.

The City Council will be considering the adoption of an Initial Study consistent with CEQA, for the Draft 2023 – 2031 Housing Element Update (Resolution 2025- XXX, Attachment A).

IX. ST
EPS F OLLOWING APPROVAL:

Upon approval of the two resolutions, the City will submit the resolutions to HCD along with a sites inventory map. After approval, the City will begin to implement the policy and program recommendations found in the Housing Element to increase the availability of fair housing throughout the City of Ceres.

ITEM 16

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Initial Study Resolution

2. Attachment B – Housing Element Resolution

3. Attachment C – HCD 90-day Findings Letter 12.14.23

4. Attachment D – HCD 60-day Findings Letter 08.30.24

5. Attachment E – Housing Element Final

6. Attachment F – HCD Substantial Compliance Letter 2.3.25

7. Attachment G – Housing Element Final Initial Study

8. Attachment H – PowerPoint Presentation

ITEM 16
ITEM 16

ATTACHMENT A
RESOLUTION NO. 2025-XXX

ADOPTING THE INITIAL STUDY FOR THE 2023-2031 HOUSING ELEMENT

OF THE GENERAL PLAN

THE CITY COUNCIL
City of Ceres, California

WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City of Ceres City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Ceres regional housing need allocation (RHNA) of 3,361 housing units, comprised of 706 very low-income units, 489 low-income units, 661 moderate-income units, and 1,505 above moderate- income units; and

WHEREAS, to comply with State Housing Element Law, the City of Ceres has prepared the 2023- 2031 Housing Element in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City’s RHNA; and
WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and WHEREAS, the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”), together with State Guidelines (14 California Code Regulations §§ 15000, et seq., the “CEQA Guidelines”) and City Environmental Regulations (CMC 17.60) require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City completed an Initial Study consistent with CEQA (California Public Resources Code §§ 21000, et seq.,) and State Guidelines (14 California Code Regulations §§ 15000, et seq., the “CEQA Guidelines”); and

WHEREAS, notice of the public hearing scheduled for March 17, 2025, was published in the Ceres Courier in compliance with State law (California Government Code 65091) indicating the date and time of the public hearing; and WHEREAS, on or before March 20, 2025, the meeting agenda was posted in compliance with State law indicating the date and time of the public hearing; and

WHEREAS, on March 17, 2025, the Planning Commission held a duly noticed public hearing to receive public testimony regarding the 6th cycle 2023- 2031 Housing Element update and Initial Study, including, without limitation, the information provided to the Planning Commission by City staff and through public testimony; and

ITEM 16

ATTACHMENT A
WHEREAS, on March 24, 2025, the City Council held a duly noticed public hearing to receive public testimony regarding the 6th cycle 2023- 2031 Housing Element update and Initial Study, including, without limitation, the information provided to the Planning Commission by City staff and through public testimony; and WHEREAS, this Resolution and its findings are made based upon the evidence presented to the Council at the hearing, including, without limitation, the staff report and attachments submitted by the Community Development Department; and

WHEREAS, the City Council did hear and consider all said reports, attachments, recommendations, and testimony herein above set forth and used their independent judgment to evaluate the project; and
WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby adopt the Initial Study for the 2023- 2031 Housing Element of the General Plan.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th day of March 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 16

ATTACHMENT B
RESOLUTION NO. 2025-XXX

ADOPTING A GENERAL PLAN AMENDMENT TO REPEAL THE 2015-2023 HOUSING ELEMENT AND ADOPTING THE 2023-2031 HOUSING ELEMENT OF

THE GENERAL PLAN IN COMPLIANCE WITH STATE HOUSING ELEMENT LAW

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Government Code Section 65589.5.); and

WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low -income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Government Code Section 65589.5.); and

WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita…California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and

WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City of Ceres City Council adopt a Housing Element for the eight- year period 2023- 2031 to accommodate the City of Ceres’ regional housing need allocation (RHNA) of 3,361 housing units, comprised of 706 very low-income units, 489 low-income units, 661 moderate-income units, and 1,505 above moderate-income units; and

WHEREAS, to comply with State Housing Element Law, the City of Ceres has prepared the 6th Cycle 2023- 2031 Housing Element in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City’s RHNA; and

WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and

WHEREAS, as provided in Government Code sections 65352 – 65352.5 the City of Ceres mailed a public notice to California Native American tribes provided by the Native American Heritage Commission and to other entities listed; and

WHEREAS, none of the California Native American Tribes requested consultation after being provided with information, including documents, website resources, and notification of public meetings; and

ITEM 16

WHEREAS, the preparation, adoption, and implementation of the Housing Element requires a diligent effort to include all economic segments of the community; and

WHEREAS, the City of Ceres conducted community outreach over the last 12 months including, one City Council meeting; an online stakeholder survey; distribution of property owner forms with housing element information; and one City Council adoption hearing; and

WHEREAS, in accordance with Government Code Section 65585 (b), on July 17, 2023 the City of Ceres posted the draft Housing Element and requested public comment for a 30-day review period from July 17 to August 21, 2023; and

WHEREAS, on September 15, 2023, after responding to public comments, the City of Ceres submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and

WHEREAS, on December 14, 2023, the City of Ceres received a letter from HCD providing its findings regarding the draft Housing Element; and

WHEREAS, on June 21, 2024, the City of Ceres posted a revised draft Housing Element responding to HCD’s comments and findings for a 7- day public review and comment period from June 21 to June 28, 2024; and

WHEREAS, on July 1, 2024, after responding to public comments, the City of Ceres re-submitted the draft Housing Element to the HCD for its review; and

WHEREAS, on August 20, 2024, the City of Ceres received a letter from HCD providing its findings regarding the draft Housing Element; and

WHEREAS, on January 10, 2025, the City of Ceres posted a revised draft Housing Element responding to HCD’s findings for a 7-day public review and comment period from January 10 to January 17, 2025; and

WHEREAS, on January 22, 2025, after responding to public comments, the City of Ceres re-submitted the draft Housing Element to the HCD for its review; and

WHEREAS, on February 3, 2025, the City of Ceres received a letter from HCD stating that the draft Housing Element is in substantial compliance with State Housing Element Law, and will comply with State Housing Element Law when it is adopted; and

WHEREAS, the City completed an Initial Study consistent with CEQA (California Public Resources Code §§ 21000, et seq.,) and State Guidelines (14 California Code Regulations §§ 15000, et seq., the “CEQA Guidelines”); and

WHEREAS, on March 17, 2025, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider ed a Resolution regarding the proposed Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report, and all attachments, and oral and written public comments; and

ITEM 16

WHEREAS, on March 24, 2025, the City Council held a duly noticed public hearing to receive public testimony regarding the 6th cycle 2023-2031 Housing Element update and Initial Study, including, without limitation, the information provided to the Planning Commission by City staff and through public testimony; and

WHEREAS, this Resolution and its findings are made based upon the evidence presented to the Council at the hearing, including, without limitation, the staff report and attachments submitted by the Community Development Department; and

WHEREAS, the City Council did hear and consider all said reports, attachments, recommendations, and testimony herein above set forth and used their independent judgment to evaluate the project; and

WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby adopt a General Plan amendment to repeal the 2015-2023 Housing Element and adopts the 2023-2031 Housing Element of the General Plan in compliance with State Housing Element Law.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24
th day of March 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 16
ITEM 16
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Gover nor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Decem
ber 14, 2023
Chri
stopher Hoem, Director
Department of Community Development
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Dear C
hristopher Hoem:

RE: C
ity of Ceres’ 6th Cycle (2023-2031) Draft Housing Element Thank y
ou for submitting the City of Ceres’ (City) draft housing element received for review on September 15, 2023. HCD also received revisions on December 7, 2023, but these revisions were not considered as part of this review period given the revisions were not made available to the public for seven days. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation with you, Ande Flower, Kylie Pope, and Kailon Thompson on November 15, 2023. In addition, HCD considered comments from David Kellogg, 350 Contra Costa, Greenbelt Alliance, the California Rural Legal Assistance Foundation, Scott O’Neil, Watson Ladd, Marven Normal, Dara Dadachanji, and George Grohwin pursuant to Government Code section 65585, subdivision (c).

The dra
ft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes these and other revisions needed to comply with State Housing Element Law.

Pub
lic participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

ATTACHMENT C
ITEM 16
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates your cooperation and effort provided during the course of our review.

We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Emily Hovda, of our staff, at [email protected].

Sincerely,

Paul McDougall
Senior Program Manager

Enclosure

ATTACHMENT C
ITEM 16

APPENDIX

CITY OF CERES

The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and- community-development/housing-elements/building-blocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision

Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)

A thor
ough program-by-program review is necessary to evaluate City's performance in addressing housing goals. As part of this analysis, the element should describe the actual results of the prior element’s programs, compare those results to the objectives projected or planned, and based on an evaluation of any differences between what was planned versus achieved, provide a description of how the objectives and programs of the updated element incorporate changes resulting from the evaluation. This information and analysis provide the basis for developing a more effective housing program. For example, Program 1.8 (Infill Site Inventory) states that “some sites in the inventory have been developed in the last few years” but provides no further details. As another example, Program 1.11 (Downtown Underutilized Sites) includes a series of questions to evaluate its effectiveness but does not contain any analysis or information on program outcomes.

Lastly, the element must provide an evaluation of the cumulative effectiveness of past goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness).

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)

Fair Housing Enfor
cement and Outreach: While the element included a summary of fair housing enforcement at the regional level, the element must include information on fair housing enforcement specific to the City and analyze any complaints for trends, patterns, and impact on protected classes. The element must also include an analysis of any

ATTACHMENT C
ITEM 16
findings, lawsuits, or judgements related to enforcement actions regarding fair housing. In addition, the element analysis must describe compliance with existing fair housing laws and regulations and include information on fair housing outreach capacity. For additional information, please see HCD’s AFFH Guidance Memo at:
https://www.hcd.ca.gov/community-develop
ment/affh/docs/AFFH_Document_Final_4-27-
2021.pdf.

Integration and Segreg
ation: The element reports some data on race at the local (areas within the City compared to each other) and regional (City compared to Region) but should also address integration and segregation patterns and trends with respect to disability, familial status, and income. The analysis should address patterns and trends over time, coincidences with other components of the assessment of fair housing and incorporate local data and knowledge and other relevant factors.

Disparities in Access to Opportunity: The e
lement reports some local data on disparities in
access to education, economic, and environmental opportunities but it should also address disparities in access to transportation opportunities, including accessibility and combined transportation and housing costs experienced by protected groups. Further, the element should also analyze the data for patterns and trends over time, particularly at the regional level and incorporate local data and knowledge and other relevant factors. Please refer to page 35 of the AFFH guidebook at: https://www.hcd.ca.gov/community- development/affh/docs/AFFH_Document_Final_4-27-2021.pdf.

Disproportionate Housi
ng Needs (Substandard Housing Conditions and Displacement):

While the element included some data regarding housing conditions (cost burden, overcrowding, homelessness). However, a complete analysis should evaluate local and regional trends and patterns related to substandard housing conditions and displacement across census tracts, blocks, or neighborhoods. The analysis should also analyze coincidences across other fair housing components including any neighborhood level concentrations.

Identified Sites and Aff
irmatively Furthering Fair Housing (AFFH): While the element provides some analysis regarding how sites affirmatively further fair housing, it should quantify the number of units by income category and location. Then, the element should evaluate the impacts of identified sites on existing patterns, including addressing any isolation of the regional housing need allocation (RHNA) by income group, lack of identified sites by income groups in any areas of the City and whether the identification of sites improves or exacerbates existing patterns of socio-economic characteristics. This is particularly relevant for lower-income sites to accommodate the RHNA identified in the West Landing Specific Plan Area.

Contributing Factors to Fair Housing Issues: Upon a c
omplete analysis of AFFH, the
element should re-assess and prioritize contributing factors to fair housing issues.

2. Include an analysis of population and employment trends and documentation of proj
ections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)

ATTACHMENT C
ITEM 16
Household Characteristics: The element must quantify the number of existing households by tenure (i.e. renter and owner) and the number of lower-income households by total and tenure (i.e. renter and owner). While the element provided percentages for these factors, percentages without a baseline figure do not document the scope of the potential housing problems.

3. Include an analysis and documentation of household characteristics, including level of paym
ent compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)

Overcrowding: The ele
ment must quantify the number of overcrowded households by tenure (i.e. renter and owner).

Housing Conditions: While
the element identifies the age of the housing stock and utilizes American Community Survey (ACS) data , it must also include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations. This information is critical as the element notes “the City has tagged a number of residential structures due to substandard conditions” (p. A-72).

4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.

Code, § 65583, subd. (a)(3).)

Progress in Meeting the RHNA: The el
ement relies on several pipeline projects to meet its
RHNA. Specifically, the element identifies 270 units that are either pending, approved, or under construction. While the element includes some information on Table B-8 on the status of the City’s projects, the element must demonstrate these units are expected to be constructed during the planning period. To demonstrate the availability of units within the planning period, the element could analyze infrastructure schedules, the City’s past completion rates on pipeline projects, outreach with developers, and should describe any expiration dates on entitlements, anticipated timelines for final approvals, and any remaining steps for projects to receive final entitlements. In addition, the element must demonstrate the anticipated affordability for the Dhillon Villas and Moffett projects are based on actual or anticipated rents or sales prices or other mechanisms ensuring affordability such as inclusionary requirements or deed-restrictions.

Specific Plan Areas: The elem
ent may utilize residential capacity in specific plans to accommodate the regional housing need allocation (RHNA) but should account for the number of units realistically anticipated to occur in the planning period. Specifically, the element indicates that the West Landing Specific Plan has an anticipated build-out horizon of 12-15 years and the Whitmore Ranch Specific Plan “is anticipated to be built out over a number of years” (pp. C-13; C-15) but is unclear or provides minimal information on its capacity assumptions. Further, HCD also understands that residential development in the

ATTACHMENT C
ITEM 16
West Landing Specific Plan has been constrained by the lack of sewer infrastructure and some parcels may also necessitate the conversion of existing farmland uses (pp. B-31).

Therefore, the element should review and adjust its capacity assumptions and modify programs as necessary based on the outcomes of a complete analysis.

Large Sites and Specific Plans: S ites larger than ten acres in size are deemed inadequate to accommodate housing for lower-income households unless it is demonstrated, with sufficient evidence, that sites are suitable to accommodate housing for lower-income households. HCD understands acreage within both the West Landing and Whitmore Ranch Specific Plan Areas has yet to be parceled or subdivided. Additionally, the element indicates that likely future parceling for the Whitmore Ranch Specific Plan will be aligned with sub areas by uses and intensity that may result in much smaller than the identified acreage in the inventory (pp.C-16).

The element must include a discussion of the specific plan including an analysis of potential future parceling. Additionally, HCD understands that the West Landing Specific Plan requires the construction of a sewer lift station. As part of the analysis, the element must address the availability and access to water and sewer infrastructure to accommodate the RHNA. The analysis should provide additional description of the specific plans, the acreage of sub-areas, presence of any land use maps, future parcel sizes, infrastructure schedules, and add or modify programs to facilitate development on parcel sizes that are deemed appropriate to accommodate housing during the planning period. Programs should include a commitment to facilitating the subdivision of parcels, outreach and working with property owners and providing incentives for appropriate parceling, development and monitoring.

Addit
ionally, the element identifies one large site (pps. C-3; C-9) accounting for 11.8 acres to accommodate 251 units for the lower-income RHNA. The element included the Dhillon Villas is a 145-unit development (60% affordable to lower-income) on 6.29 acres as an example of redevelopment on large sites. However, this example is not reflective the assumptions for site size and affordability in the inventory. The element must provide an analysis demonstrating the sites larger than 10 acres are suitable to accommodate the lower-income RHNA. The analysis should consider evaluating past trends or other relevant information to demonstrate the suitability and feasibility of developing of these sites. Based on a complete analysis, the element may need to add or modify programs to facilitate development affordable to lower- income households on large sites accommodating the RHNA.

Suitability of Non-Vaca
nt Sites: While the element identifies nonvacant sites, including the West Landing and Whitmore Specific Plan Areas, to accommodate the regional housing need for lower-income households, it provides minimal methodology or description of their potential for redevelopment. The element must describe the methodology used to determine the additional development potential within the planning period. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, and regulatory or other incentives or standards to encourage additional residential development on these sites. (Gov. Code, § 65583.2, subd. (g).) Additionally, the element should connect the site characteristics included in Table C-8 to past development trends to demonstrate the feasibility of these sites being developed during the planning period.

ATTACHMENT C
ITEM 16
In addition, the element relies on nonvacant sites to accommodate more than 50 percent of the housing needs for lower-income households. As a result, the housing element must demonstrate that the existing use is not an impediment to additional residential development in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). This can be demonstrated by providing substantial evidence that the existing use is likely to be discontinued during the planning period (Gov. Code, § 65583.2, subd. (g)(2).).

Accessory Dwellin
g Units (ADUs): ADUs may be counted toward the RHNA based on past permitted units and other factors. The element projects 306 ADUs or approximately 39 ADUs per year over the eight-year planning period. However, in other areas, the element reports varying ADU projections. The element must reconcile this information and accurately indicate how many ADUs are being projected for the planning period.

Additionally, this assumption is based solely on the City’s implementation of Program 1.10 (Changes to the West Landing Specific Plan and Other Future Large Developments), which will require a minimum of 25 percent of single-family homes in the West Landing Specific Plan include an ADU or JADU (pp. 2-7). However, the element also indicated that the build-out horizon for this Specific Plan is projected at 12-15 years. Therefore, the element must address the likelihood that the ADUs will be realized during the eight-year planning period. As noted in the finding above regarding the West Landing Specific Plan, the element must discuss and analyze any timing, phasing requirements, and any potential barriers to development. Further, these assumptions are inconsistent with the City’s ADU trends (nothing reported in 2018, 2019, 2020, and 2021) and do not support an assumption of 39 ADUs per year. The element must provide information on previous trends and reconcile that information with the City’s Annual Progress Reports. In addition, the element must demonstrate the anticipated affordability of ADUs based on actual or anticipated rents or other mechanisms ensuring affordability (e.g. deed restrictions). For example, the element may utilize a rent survey or other information from Stanislaus County that examines rents and ADU affordability in the region. Lastly, a cursory review of the City’s ADU ordinance by HCD discovered areas which appear to be inconsistent with State ADU Law. As a result, the element should add or modify a program to update the City’s ADU ordinance to comply with state law with discrete timing (e.g., 6 months). HCD will provide a complete listing of ADU noncompliance issues under a separate cover.

Electronic Sites Inventory: Purs
uant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-community-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].

Infrastructure Availability: The el
ement has identified a portion of its RHNA in Specific Plan Areas. HCD understands that these areas may still necessitate infrastructure improvements. First, the element must specifically indicate if total infrastructure capacity and access (existing and planned) is available to accommodate the RHNA. Second, the element must include a program committing to actions and a timeline to make sufficient infrastructure available to accommodate the RHNA.

ATTACHMENT C
ITEM 16

Zoning for a Variety of Housing Types:

• Emergency Shelters: The element should describe the development standards of the M-1 zone that allows emergency shelters by-right and should provide an analysis of proximity to transportation and services for these sites, hazardous conditions, and any conditions inappropriate for human habitability. In addition, the element should describe how emergency shelter parking requirements are in line with AB139/Government Code section 65583, subdivision (a)(4)(A) or include a program to comply with this requirement.

• Transitional and Supportive Housing: The element states that the City permits supportive and transitional housing in all residential zones and zones permitting residential uses by-right (pp. B-16). Program 1.6 (Zoning for Transitional and Permanent Supportive Housing) should be modified to explicitly state that supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651.

• Single Room Occupancy (SRO) Units: The element notes that the City does not define SROs in the Zoning Ordinance (pp. B-15). As a result, Program 1.9 (Changes to the Zoning Code) should be modified accordingly to include a specific definition of SROs, irrespective of the City’s existing boarding or rooming house definitions.

• Housing for Agricultural Employees: The element must demonstrate zoning is consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone. To address this, the element references Program 3.11 (Employee Housing) on page B-17, but this program does not reflect updates to the Zoning Code to conform with these requirements and should be revised.

• Manufactured Housing: Manufactured homes that are built on a permanent foundation must be allowed in the same manner and in the same zones as conventional or stick-built structures. Specifically, manufactured homes on a permanent structure should only be subject to the same development standards that a conventional single-family residential dwelling would be subject to. However, the element presents contradicting information on Tables B-1 and B-4 regarding mobilehomes and manufactured housing permitted in the R-A zone. The element must reconcile this discrepancy and add or modify programs to demonstrate consistency with this requirement. And on page B-14 that manufactured homes are not permitted in the R-A zone. The element must add or modify a program to allow manufactured housing in the R-A zone in the same manner as single-family homes demonstrate consistency with this requirement.

ATTACHMENT C
ITEM 16

5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)

Land Use Controls: Whi le the element includes some discussion of land use controls in Appendix B, it is not clear whether projects at the current zoning and development standards are feasible. The element must identify and analyze all relevant land use controls independently and cumulatively with other land use controls for their impacts as potential constraints on a variety of housing types. The analysis should specifically address requirements related to parking, heights, lot coverage, minimum unit sizes, and limits on allowable densities. For example, the element should address multifamily parking requirements as potential constraints on housing (e.g., two parking spaces per unit, covered parking) and add or modify programs to remove constraints. The analysis should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints.

Local Processing and Permit Procedures: Whil
e the element includes some information
about the City’s permit and processing procedures, (pp. B-23-25), it should also describe the procedures for a typical single-family and multifamily development. The analysis should address the approval body, the number of public hearings, if any, approval findings, and any other relevant information. This analysis is particularly important for the Planned Community Development Plan (PCDP) process. The analysis should address impacts on housing cost, supply, timing, and approval certainty and add or modify programs as appropriate. In addition, the element should address public comments on this revised draft submittal and discuss compliance with the Permit Streamlining Act and intersections with CEQA and timing requirements, including streamlining determinations and add or modify programs as appropriate.

SB 330: The element should demonstrate how the City complies with SB 330 and add or modify programs if necessary. For example, the element should address actions that result in lesser intensification pursuant to Government Code section 66300 as well as provisions related to the Housing Accountability and Permit Streamlining Acts.

Fees and Exactions: Whil
e the element provides a table of impact fees for single-family and multifamily housing development (pp. B-22-23), it should also compare these fees with those of comparable jurisdictions in the region.

On/Off-Site Improvements: The
element must identify actual subdivision level
improvement requirements, such as minimum street widths (e.g., 40-foot minimum street width), and analyze their impact as potential constraints on housing supply and affordability. In addition, , the element references the construction of a wall or vegetative barrier if a multi-family project abuts a single-family neighborhood, which should be

ATTACHMENT C
ITEM 16
addressed as a potential constraint on a variety of housing types. Based on a complete analysis, the element should add or modify program(s) to address potential constraints.

Codes and Enforcement: The el ement provides a general discussion of the City’s building codes and notes that the City has adopted the 2022 California Building Code. The element should also identify any local amendments to the building code and analyze impacts on the cost and supply of housing. The element must also analyze how municipal codes are enforced (e.g., proactive versus reactive enforcement, typical citations, resources) and add programs as necessary to address any identified constraints.

Housing for Persons with Disabilities: Th
e element briefly describes its reasonable
accommodation procedures. However, the element should also describe the process and decision-making criteria such as approval findings and analyze any potential constraints on housing for persons with disabilities. Based on a complete analysis, the element should add or modify program(s) to address any potential constraints.

Group Homes: While
the element notes that licensed residential care facilities are principally permitted use in residential zones (pp. B-15), it must also identify and evaluate how unlicensed group homes facilities that serve six or fewer persons or seven or more persons are permitted. The element should add or modify programs based on the outcomes of a complete analysis, as necessary. For more information, please consult HCD’s Group Home Technical Advisory Memo at
https://www.hcd.ca.gov/sites/default/files/docs/planningand-comm unity/group-home- technical-advisory-2022.pdf.

Zoning, Development Standards, and Fees Transparency: The el ement must clarify
compliance with new transparency requirements for posting all zoning, development standards and fees on the City’s website and add a program to address these requirements, if necessary.

6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2... (Gov. Code, § 65583, subd. (a)(6).)

Developed Densities: The element must be revised to analyze requests to develop housing at densities below those anticipated in the sites inventory if any, including hinderance on the construction of a locality’s share of the regional housing need.

7. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)

Special Needs Households: While
the element includes some data, a general discussion
of housing challenges faced by special needs households, and proposed programs, it must still provide an analysis of the existing needs and resources for each special needs group. For example, the element should discuss the existing resources to meet housing

ATTACHMENT C
ITEM 16
needs (availability of shelter beds, number of large units, number of deed-restricted units, community services, etc.,) and an assessment of gaps in resources. Local officials, special needs service providers or County social and health service providers may be able to assist with information to complete the analysis. The element may need to add or revise programs and policies based on the outcomes of a complete analysis.

Farmworkers: The
element must specifically quantify the number of permanent and seasonal farmworkers within the County (USDA Agriculture Census data).

8. Analyze existing assisted housing developments that are eligible to change to non-low - income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).).

The ele
ment indicates that Ceres Christian Terrace (67 assisted units) is at risk of conversion in the planning period. Therefore, the element must include additional analysis that estimates the total cost of preserving these units, include a list of entities with the capacity to acquire at-risk developments, and identify potential sources of funding that can be used to preserve the development.

C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each wi
th a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)

Progr
ams must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Deliverables should occur early in the planning period to ensure actual housing outcomes. The element must also provide quantified objectives where appropriate, and all programs should be evaluated to ensure provision of discrete timing (e.g., month and year) to account for how the action will occur as well as to ensure a beneficial impact throughout the planning period. The element may include aspirational and complex programs with actions and timelines beyond the planning period (“ongoing,” “research,” “create a study…”). However, these programs should be ancillary and denoted in some manner. As an example, Program 2.1 (Preserving Mobile Home Parks) commits the City to encouraging the preservation and rehabilitation of mobile home parks but does not describe any specific action as to how the City will do so. As another example, Program 3.11 (Employee Housing) commits the City to preserving and supporting the expansion of affordable housing opportunities for local employees but does not describe any specific actions the City will undertake nor does it provide a quantified objective number of housing units preserved or created. In addition:

ATTACHMENT C
ITEM 16
Program 1.5 (Promote Secondary Dwelling Units): The element includes Program 1.5 to establish incentives and other concessions for ADUs. However, given the City’s assumptions for ADUs exceed recent trends, Program 1.5 should also be revised to include a commitment to monitor permitted ADUs and affordability every other year and take appropriate action such as adjusting assumptions or rezoning within a specified time period (e.g., 6 months).

Program 2.4 (Cons erve At-Risk Units): The element includes Program 2.4 that specifies actions to monitor at-risk units. However, the program should be modified to include noticing requirements within three years and six months of the affordability expiration dates, in addition to coordinating with qualified entities such as non-profit organizations and establish specific time parameters around such actions.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)

As not
ed in Finding B4, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Replacement Housing Requirements: The e
lement includes Program 2.5 (Replacement
Unit Program) to provide replacement housing in accordance with Government Code section 65915 (c)(3). However, the program should be modified to also adhere to the requirements referenced in Government Code section 65583.2(g).

Program 1.11 (Non-Di
scretionary Approval Process for 4th and 5th Cycle Reused Sites):

The element indicates the West Landing Specific Plan is not subject to the requirements of Government Code section 65583.2, subdivision (c) because subdivision is required for these newly annexed areas (pps. 2.8; 4-1; C-5). However, while discretionary approval is required to comply with the Subdivision Map Act, all other relevant entitlements should still meet by right-requirements and the program should be revised, as appropriate.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.

The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)

ATTACHMENT C
ITEM 16

As noted in Findings B5 and B6, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

4. P romote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)

Goals, Actions, Metrics, and Milestones: As n
oted in Finding B1, the element must be
revised to add goals and actions based on the outcomes of a complete analysis. Currently, the City’s AFFH actions are mostly limited to outreach and marketing activities. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitments, metrics and milestones as appropriate, and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, and place-based strategies for community preservation and revitalization and displacement protection.

D. Public Participation

Local governments shall make a diligent effort to achieve public participation of all economic segment
s of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).)

Whil
e the element includes a summary of public participation including outreach to the community (Appendix E), it should employ additional methods of public outreach and participation moving forward to include all segments of the community in the public participation process, including engaging organizations which represent lower-income and special needs groups. In addition, the element should address public comments related to site feasibility and include discussion of how they were incorporated in the element.

ATTACHMENT C
ITEM 16
ITEM 16
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Gov ernor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Augus
t 30, 2024
Lea C.

Simvoulakis, Director
Department of Community Development
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Dear
Lea C. Simvoulakis:

RE: C
ity of Ceres’ 6th Cycle (2023-2031) Revised Draft Housing Element Thank
you for submitting the City of Ceres’ (City) revised draft housing element received for review on July 1, 2024. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on August 14, 2024 with you and your consultant.

The r
evised draft element addresses many statutory requirements; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

As
a reminder, the City’s 6th Cycle housing element was due December 31, 2023. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described in the Appendix, adopt, and submit to HCD to regain housing element compliance.

For
your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (December 31, 2023), Programs (Program 1.11 - Non-Discretionary Approval Process for 4th and 5th Cycle Reused Sites) to make prior identified sites available or rezone to accommodate the remaining regional housing needs allocation (RHNA) must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City does not adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until all necessary rezones are completed

ATTACHMENT D
ITEM 16
Lea C. Simvoulakis, Director

Page 2 ends

Ceres City CouncilMarch 24, 2025

Ceres City Council
March 24, 2025