Agenda — Ceres City Council, April 14, 2025 (part 1 of 2)

AGENDA
Amendment #1
Dated: April 11, 2025

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, April 14, 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 Patrick Davis, Ceres Christian Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/87481179231?pwd=00XEJytxBW2oZveHvGDdJ8u4C2Wj8n.1 Webinar ID: 874 8117 9231; Passcode: 010531; 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
April 14, 2025

Page 2 ends

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. Love Ceres Proclamation

B. Arbor Day Proclamation

C. Dispatcher Appreciation Week 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

None

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

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

1. Clerks Report of Posting. The agenda of the April 14, 2025, City Council Meeting was Posted on Wednesday, April 9, 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 24, 2025, Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand (s) Dated March 5 , 2025, through March 26 , 2025 . (Esenwein)

AGENDA
Regular City Council Meeting
April 14, 2025

Page 3 ends

5. Resolution No. 202 5-XXX, Approving a Professional Services Agreement with Blackwater Consulting Engineers for the 2025 Urban Water Management Plan Update and Authorizing the City Manager to Execute the Agreement. (Royal)

6. Waiver of Second Reading and Adoption of Ordinance No. 2025-XXXX, An Ordinance of the City Council of the City of Ceres, Adding Chapter 43 Regional Housing Needs As sessment Overlay District ( RHNAOD) to Title 18 of the Ceres Municipal Code. (Simvoulakis)

7. Resolution No. 2025-XXX, Approving a Construction Contract with West Painting for Repainting the Blaker Water Reservoir Tanks and Authorizing the City Manager to Execute the Contract. (Royal)

8. Resolution No. 202 5-XXX, Approving to Sponsor the Annual Ceres Street Faire and Authorizing Staff to Move Forward with the Expenditure. (City Manager)

9. Resolution No. 2025 -XXX, Accepting the Urban and Community Forestry Grant Program from the California Department of Foresty and Fire Protection. (Chavez)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

10. Resolution No. 2025 -XXX, Denying the Appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 24-09 (CUP) for a Maverik Fueling Station, Located at the Southeast Corner of Mitchell Road and Rohde Road in Ceres, CA (APN: 041-018-007). (Simvoulakis)

NEW BUSINESS

None

DISCUSSION ITEMS

11. City Council to Provide Direction on Advertising for Public Hearings. (City Clerk)

12. City Council to Provide Direction on Joining Sister City International . (City Manager)

AGENDA
Regular City Council Meeting
April 14, 2025

Page 4 ends

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).

13. Public Safety Forums
(Requested by Councilmember Otero)

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

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

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on April 28, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, April 9, 2025, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

AGENDA
Regular City Council Meeting
April 14, 2025

Page 5 ends

Council Agenda:

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

Related Materials:

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

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s 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).

PROCLAIMING APRIL 26, 2025, AS

LOVE CERES

THE CITY COUNCIL
City of Ceres
WHEREAS, Love Ceres was first introduced in 2011; and
WHEREAS, the Love Ceres team, comprised of community leaders from the non-profit, faith, business, and public sectors promote community activities; and WHEREAS, in 2024 over 180 volunteers tackled many different projects all over Ceres, including home and yard cleanups, plant ing of trees, downtown cleanup, park cleanups, canal cleanup, and much more; and
WHEREAS, a city-wide volunteer day brings individuals together to make a difference in their community; and
WHEREAS, the annual Love Ceres event has oppor tunities for volunteers of all ages and skill levels; and
WHEREAS, not only have the Love Ceres pr ojects directly improved the community infrastructure, but Love Ceres also serves as a catalyst, getting members of the community out in their city, allowing them to make connections with fellow volunteers and the organizations they are serving, getting them excited about giving back to their community and instilling love for their city.

NOW, THEREFORE, BE IT RESOLVED I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Ma yor Daniel A. Martinez, Councilmembers James Casey, Rosalinda L. Vierra, and Ce rina Otero, do hereby proclaim April 26, 2025, as Love Ceres. I urge all residents of Ceres to join forces, not only on Love Ceres day but every day, and make their community a better place to live and play.

Proclaimed this 14th day of April 2025
___________________________
Javier Lopez, Mayor
ITEM A
ITEM A

PROCLAIMING APRIL 25, 2025, AS

ARBOR DAY

THE CITY COUNCIL
City of Ceres

WHEREAS, in 1872, J. Sterling Morton propos ed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and

WHEREAS, Arbor Day, was first observed wit h the planting of more than a million trees in Nebraska; and

WHEREAS, the National Arbor Day Foundation has been a leader in the promotion of education and t he importance of planting tr ees in communities across America; and

WHEREAS, Arbor Day encourages the planting of trees in urban and wildland areas to protect, renew and manage our tr ees and forests, and to encourage a healthy ecosystem; and

WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and

WHEREAS, 2025 is the 153
rd anniversary of Arbor Day and it is now observed
throughout the nation and world.

NOW, THEREFORE, BE IT RESOLVED I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Ma yor Daniel A. Martinez, Councilmembers James Casey, Rosalinda L. Vierra, and Ce rina Otero, do hereby proclaim April 25, 2025, as Arbor Day. I urge all residents of Ceres to celebrat e Arbor Day by planting or caring for a tree.

Proclaimed this 14th day of April 2025

___________________________
Javier Lopez, Mayor
ITEM B
ITEM B
PROCLAIMING APRIL 13-19, 2025, AS

NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
(ALSO KNOWN AS DISPATCHER APPRECIATION WEEK)

THE CITY COUNCIL
City of Ceres
WHEREAS, emergencies requiring police, fire, or emergency medical services can occur at any time; and
WHEREAS, the prompt response of law enforcement officers, firefigh ters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our firs t responders is dependent upon the quality and accuracy of information obtained from citizens who contact emergency communications centers; and
WHEREAS, Public Safety Telecommunicators are the first and mos t critical contact our c itizens have with emergency s ervices, providing a vital link between the community and emergency responders; and
WHEREAS, Public Safety Telecommunicators of the City of Ceres have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; and
WHEREAS, each dis patcher has exhibited compassion, understanding, and professionalism during the performance of their duties; and WHEREAS, the City of Ceres Police Department values of integrity, respect, empathy, and compassion are exemplified daily by our Public Safety Telecommunicators.

NOW, THEREFORE, BE IT RESOLVED I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Da niel A. Martinez, Councilmembers James Casey, Rosalinda L. Vierra, and Cerina Otero, do hereby proclaim April 13-19, 2025, as National Public Safety Telecommunicators Week in honor of the men and women whose diligence and professionalism keep our city and citizens safe.

Proclaimed this 14th day of April 2025
___________________________
Javier Lopez, Mayor
ITEM C
ITEM C

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)

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 called the March 24, 2025, meeting to order at 6:00 p.m.

ROLL CALL – Present:

Mayor: Javier Lopez
Vice Mayor: Daniel A. Martinez (District 4)
Councilmembers: James Casey (District 1); Ro salinda L. Vierra (District 2); Cerina Otero (District 3)

District 1
Councilmember
Case
y
District 2
Councilmember
Vierra
District 3
Councilmember
Otero
District 4
Vice Mayor
Martinez
Mayor Lopez
Present Present Pres ent Present Present

INVOCATION

Invocation by Dick Conners, Ceres First Baptist Church.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS

A. Women’s History Month Proclamation

Soroptimist International of Ceres accepted the proclamation.

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

Justin Farkas spoke regarding updates on Assemblyman Juan Alanis’ office.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 24, 2025

Page 2 ends

Mike Angels spoke regarding the office of emergency management report, flag poles at county buildings, and Ceres dispatch services partnering with Stanislaus County Office of Emergency Services.

Milt Trieweiler spoke regarding housing and farmland in the Central Valley.

John Warren spoke regarding the seating arrangement during City Council meetings and acoustics within the Council Chambers.

CONFLICT OF INTEREST DECLARATION

None

APPOINTMENTS TO BOARDS/COMMISSIONS

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

City Clerk, Fallon Martin, introduced the item.

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

Brenda Herbert spoke regardi ng how boards and commissions interviews in the City of Ceres were conducted historically.

John Warren spoke in favor of conducting the boards and commissions interviews in an open City Council meeting.

Council and staff discussion included co nducting interviews in an open City Council meeting, updating bylaws, applicant information that would be shared, structure/logistics of interviews c onducted in an open City Council meeting, and establishing a policy.

Council provided consensus for staff to bring back an item on a future agenda to creating a policy on how to conduct/hold boards and commission interviews (5/0).

CONSENT CALENDAR

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 Or dinances and Resolutions are Waived. (Waive readings in full of all or dinances 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)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 24, 2025

Page 3 ends

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

4. Removed for separate consideration.

5. Resolution No. 2025-19, Appointing the Interim Chief of Police as a City of Ceres Representative on the Modesto-Ceres Fire Protection Agency JPA Oversight Committee. (Johnson)

6. Resolution No. 2025-20, 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. Removed for separate consideration.

8. Removed for separate consideration.

9. Removed for separate consideration.

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

11. Resolution No. 2025-23, Approving a Construction Cont ract for the Third Street Storm Drain Repair Project with United Pa vement Maintenance, Inc., Authorizing a 10% Contingency, Authorizing a B udget Amendment, and Aut horizing the City Manager to Execute the Contract. (Royal)

12. Resolution No. 2025-24, 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 Cere s, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement for the Whitmore Avenue Retail Subdivision. (Beltran)

13. Removed for separate consideration.

14. Resolution No. 2025-25 , 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. Removed for separate consideration.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving items 1-3, 5-6, 10-12, and 14 . Motion carried 5/0/0/0 by the followin
g roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 24, 2025

Page 4 ends

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 4: Removed for separate consideration by Councilmember Vierra

Councilmember Vierra spoke regarding pricing and shopping local.

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

Action: Motion by Councilmember Vierra , seconded by Vice Mayor Martinez, approving item 4. 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 Vierra

Resolution No. 2025-21 , Approving a Three-Year Agreement with Albonetti Investigations to Provide Pre-Employm ent Background Investigations for Sworn and Non-Sworn Staff. (Johnson)

Councilmember Vierra inquired as to t he difference between our current process and the recommended vendor.

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

Council and staff discussion included pric ing, turn-around time, and the vendors qualifications.

Action: Motion by Councilmember Vierra , seconded by Vice Mayor Martinez, approving 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 24, 2025

Page 5 ends

Item 8: Removed for separate consideration by Councilmember Otero

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)

Councilmember Otero inquired as to the hist orical charges for such use, hourly cost, future plans, cost determination, and insurance requirements.

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

John Warren spoke regarding the hours of use of the Ceres Police Department shooting range and his experience in negotiating the same type of contract.

Council and staff discussion included cost projections, reevaluating the cost/charge, insurance coverage, what ot her cities charge for their range, renovation of the facility, and pulling the item to do further research.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving to table item 8 and bring it back to a future council meeting. Motion carried 4/1/0/0 by the following roll call vote:

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

Item 9: Removed for separate consideration by Councilmember Casey

Resolution No. 2025-22 , Approving an Agreement wit h CivicPlus NextRequest for Public Records Request Management Software and Authorizing the City Manager to Execute the Agreement. (City Clerk)

Councilmember Casey spoke regarding approving a budget item for the next fiscal year and publication of public records requests on the City’s website.

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

Council and staff discussion included the pub lic records request process if the NextRequest agreement was not approved, annual cost, quantity of requests received via NextRequest, availability of previous submitted public records requests to the public, and manually processing public records requests.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 24, 2025

Page 6 ends

Action: Motion by Councilmember Casey , seconded by Vice Mayor Martinez, approving item 9. 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 13: Removed for separate consideration by Vice Mayor Martinez

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

Vice Mayor Martinez spoke regarding pu lling the proposed contract to address some concerns on it and extend the curr ent contract until the new contract addresses safety, transparency, outside food vendors, hours of the stadium lights, accessible gates (locked/unlocked).

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

Jorge Guerrero spoke regarding music at Costa Fields during the Christmas Parade, gates and accessibility, tournaments, Ceres Youth Baseball staff, stadium light repairs at field three, and American Rescue Plan Act funds.

Ismael Ontiveros spoke regarding the gates at Costa Fields, American Rescue Plan Act funds, lighting on field three, restroom upgrades

John Warren spoke regarding American Rescue Plan Act funds allocated to Ceres Youth Baseball, and exits and entrances at Costa Fields.

Council and staff discussion included the forma t of the contract, gradual increase of fees, current Ceres Youth Baseball board members, rental of Costa Fields, cost to the City to rent out Costa Fields and the logistics of doing so, maintenance and repair responsibilities of Costa Fields, American Rescue Plan Act funds allocated to Costa Fields, Ceres Youth Baseball sub- leasing Costa Fields for tournaments, first responder’s accessibility to the fi elds, Costa Fields’ evacuation plan, improvements to Costa Fields using American Rescue Plan Act funds, cost of stadium light repairs, and American Rescue Plan Act fund requirements.

Action: Motion by Vice Mayor Martinez , seconded by Mayor Lopez , approving Ceres Youth Baseball to continue with their
current/existing contract while staff addresses council suggestions for contract renewal. Motion carried 3/2/0/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 24, 2025

Page 7 ends

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

Item 15: Removed for separate consideration by Councilmember Otero

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

Councilmember Otero inquired about curr ent investments with the City and whether the City Treasurer had the opportunity to review the item.

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

Council and staff discussion included having the City Treasurer review the item.

Action: Motion by Councilmember Vierra , seconded by
Councilmember Otero, denying item 15. Motion carried 4/1/0/0 by the following roll call vote:

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

UNFINISHED BUSINESS

None

PUBLIC HEARING
16a. Resolution No. 2025-026, Adopting the Initial Study for the 2023-2031 Housing Element of the General Plan. (Simvoulakis)

16b. Resolution No. 2025-027, 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)

Community Development Director, Lea Simvoulakis, introduced the item.

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

Milt Trieweiler spoke regar ding preservation of farmland and building up rather than out.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 24, 2025

Page 8 ends

Council and staff discussion included Housing Element programs, impacts on staff due to offering new programs, housing developments, revisions needed to the Housing Element, fire station locations , emergency shelters, zoning, income segregation, protected land, late fees, and very low-income units.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 16a. Motion carried 4/1/0/0 by the following roll call vote:

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

Action: Motion by Vice Mayor Martinez , seconded by Mayor Lopez , approving item 16b. Motion carried 4/1/0/0 by the following roll call vote:

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

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

Community Development Director, Lea Simvoulakis, introduced the item.

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

Milt Trieweiler spoke regarding the incentive to build low-income housing.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 17. Motion carried 5/1/0/0 by the following roll call vote:

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

NEW BUSINESS

None

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 24, 2025

Page 9 ends

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS

16. Inclusionary Policy & Density Bonuses Discussion
(Requested by Councilmember Vierra)

17. Produce all Public Records Request Res ponses on the City’s Website for Public Viewing
(Requested by Councilmember Casey)

REPORTS

 Mayor

Nothing to report.

 City Council

Councilmember Vierra spoke regarding St anislaus Homeless Alliance and the City Easter event.

Councilmember Casey spoke regarding the anni versary of the Vietnam War coming to an end.

 City Manager

Nothing to report.

 City Attorney

Nothing to report.

 Departments

Public Works Director, Sam Royal, spoke regarding the closure of Neel Park March 27 th through May 1st.

CLOSED SESSION

18. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: Cit y Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 24, 2025

Page 10 ends

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

Item 18:
 Vice Mayor Martinez stated dire ction had been provided to staff.

ADJOURNMENT

The next 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.

There being no further business, Mayor Lopez adjourned the meeting at 10:50 p.m.

______________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

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

ITEM 3

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: April 14, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5764
SUBJECT:

City Council approve the register of audited demand(s) dated March 5, 2025 through March 26, 2025 covering obligations to be paid by general warrants in the amount of $6,264,232.24 I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented here with a summary of dem ands against the City of Ceres covering obligations to be paid for the period ending March 5, 2025 through March 26, 2025.

Each demand has been audited a nd 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 belie f is a true, correct and complete listing of claims audited and payable.

II. REASONS FOR RECOMMENDATION:

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

ITEM 4
III. FISCAL IMPACTS:

The attached listing represents the cash di sbursements required of normal and usual operations during the period. The disburse ments are accounted for in the FY 2024-25 budget. There is a $6,264,232.24 fiscal impact for the period of March 5, 2025 through March 26, 2025.

IV. EXISTING POLICY / RELATION SHIP 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 March 5, 2025 through March 26, 2025 ITEM 4
3/31/2025
1 Date Vendor Name Invoice Description Amount

49.95 49.95

49.95 49.95
199.80
161.00
161.00
476.32
476.32
952.64
100.00
100.00

66.95 66.95
22500062 4,928.00
4,928.00

96.32 24.70
121.02
488.00
488.00
850.00
850.00
MAR 25 ALARM SERVICES COMMUNITY CENTER
Total:
03/12/25 209 MULTIMEDIA CORPORATION LEGAL AD: 2/26/25 HOUSING ELEMENT 03/12/25 1ST SECURITY & SOUND, INC MAR 25 ALARM SERVICES CITY HALL/ ANEX MAR 25 ALARM SERVICES RIVERBLUFF PARK
MAR 25 ALARM SERVICES PUBLIC WORKS YARD
Voucher List
City of Ceres
Total:
03/12/25 DS SERVICES OF AMERICA, INC. FEB 25 LAB DI WATER WW JAN 25 ACA REPORTING FEE
Total:
03/12/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC MAR 25 SCADA SERVICE MONTHLY MONITORING Total:
03/12/25 ACCORD SYSTEMS, LLC FEB 25 ACA REPORTING FEE

HOSE CONNECTOR FOR FLEET SHOP AIR HOSE
Total:
03/12/25 APCO INTERNATIONAL ANNUAL DUES - DISPATCH CENTER Total:
03/12/25 AMAZON CAPITAL SERVICES, INC. WATER DEPT. TANK SPRAYER Total:
03/12/25 ALPINE PROTECTIVE SOLUTIONS LLC CITY SECURITY SERVICES FOR EIGHT PARKS Total:

Total:
03/12/25 APPLEGATE TEEPLES DRILLING CO. INC. CITY HALL SEWER LATERAL FLUSHING ITEM 4

ATTACHMENT A
3/31/2025
2 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
162.81
162.81

87.57 87.57

49.00 49.00

98.00 4,260.00
4,260.00
572,609.12
572,609.12
22500047 4,418.00
4,418.00
22500107 7,600.59
7,600.59
4,094.81
4,094.81
636.97
636.97

59.88 59.88
22500030 6,580.00
6,580.00
22500074 354.08
354.08
402.50
402.50
Total:
03/12/25 AT&T MOBILITY 01/24-02/23/25 MODEMS FOR PD/FIRE VEHICLES 03/12/25 AT&T 01/20-02/19/25 T-1 LINE FOR CONNECTION FROM CORP Total:
03/12/25 BERTOLOTTI CERES DISPOSAL, INC FEB 2025 GARBAGE FRANCHISE FEES LESS WRITE OFFS FEB 25 MONTHLY INTERNET SRVCS PARKS
Total:
03/12/25 BEAR ELECTRICAL SOLUTIONS, INC 1 TRAFFIC SIGNAL REPLACEMENT FROM ACCIDENT @ HATCH Total:
03/12/25 AYERA TECHNOLOGIES,INC. MAR 25 MONTHLY INTERNET SRVCS PARKS Total:
03/12/25 BRAY SALES, INC CONTROL VALVE D REPLACEMENT FOR WW Total:
03/12/25 BONANDER TRUCK & TRAILER INC. PURCHASE OF AN ENCLOSED TRAILER FOR STREETS DEPT Total:
03/12/25 BLACK WATER CONSULTING ENGINEERS, INC WATER MAIN AND SERVICE REPLACEMENT Total:
03/12/25 AMANDA FENTON FEB25 FEDERAL ADVOCACY GRANT SRVCS AGRMT INCREASE Total:
03/12/25 CALIFORNIA LANDSCAPE SUPPLY, INC. 1 1/2" RIVER ROCK FOR DRY WELL Total:
03/12/25 CA DEPT OF TRANSPORTATION JUL-SEPT 24 TRAFFIC SIGNAL MAINT SHARE OF COST Total:

Total:
03/12/25 CARLSON SCALE, INC. SCALE RECALIBRATION WELL #41 Total:
03/12/25 CARDIO PARTNERS INC AED'S
ITEM 4

ATTACHMENT A
3/31/2025
3 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
326.30

93.49 688.80
1,108.59
663,780.46
663,780.46
1,327,560.92

59.31 59.31

87.35 87.35
2,546,300.00
2,546,300.00
155.00
155.00
108.88

70.76 108.88
288.52
162.00
162.00
22500024 14,470.00
14,470.00
2,172.00
1,050.00
3,222.00
03/12/25 CHOICE ELECTRIC, INC LAMPS
03/12/25 CITY OF MODESTO 1/27-2/24/25 WATER SVCS ROW @ RICHLAND AVE Total:
03/12/25 CITY OF MODESTO FEB 25 FIRE PROTECTION PREVENTION MAR 25 FIRE PROTECTION PREVENTION
Total:

LAMPS

LAMP AND BALLAST KITS
Total:
03/12/25 COIT SERVICES BIOHAZARD CLEAN UP OF INTERVIEW ROOM Total:
03/12/25 CITY OF TURLOCK EXPENDITURES FOR 2024/25 2ND QTR (OCT-DEC24) Total:
03/12/25 CITY OF MODESTO 01/27-02/24/25 - WTR SVCS F/S #2 Total:

Total:
03/12/25 DOKKEN ENGINEERING FEB 25 CROWS LANDING RD REHAB PROJ RESO#2024-121 Total:
03/12/25 DEPT OF JUSTICE ACCOUNTING OFFICE- CASHIERING UNIT LIVE SCANS - JANUARY 03/12/25 CRESCENT SUPPLY ACADEMY RECRUIT - MENDOZA - BACKPACK

ACADEMY RECRUIT - MENDOZA - PANTS

ACADEMY RECRUIT - SINGH - BACKPACK
FEB 25 SAFETY CONTRACT
Total:

Total:
03/12/25 DU-ALL SAFETY, LLC SAFTEY TRAINING
ITEM 4

ATTACHMENT A
3/31/2025
4 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
22500063 24,019.75
24,019.75
109.36
109.36
231.50
129.06

18.35 150.80

55.70 296.39
881.80
103.37
103.37
866.51
866.51
696.15

42.80 37.80
696.15
2,508.40
1,056.50
696.15

42.80 37.80

42.80 42.80

37.80 982.05
Total:
03/12/25 FEDERAL EXPRESS DISPATCHER TESTING SHIPMENT 03/12/25 EMTS, INC. LANDSCAPE AND JANITORIAL MAINTENANCE FOR PARKS Total:
03/12/25 FISHER SCIENTIFIC COMPANY, LLC LAB BOD BUFFER PILLOWS

PLUMBING VACUUM BREAKER

PLUMBING

PLUMBING CCC

METER REPAIR HOWARD JOHNSON HOTEL
PARTS FOR WELL #22 SITE REPAIR
Total:
03/12/25 FERGUSON ENTERPRISES, INC SEALANT & FITTINGS TOILET REPAIR

DRINKING WATER BACTI SAMPLES

DRINKING WATER NITRATE SAMPLES
WELL 16 NITRATE SAMPLES

DRINKING WATER NITRATE SAMPLES

DRINKING WATER NITRATE SAMPLES
WELL 16 NITRATE SAMPLES

DRINKING WATER BACTI SAMPLES

DRINKING WATER BACTI SAMPLES
BACTI SAMPLES WELL 22
Total:
03/12/25 GEOANALYTICAL LABORATORIES, INC DRINKING WATER BACTI SAMPLES Total:
03/12/25 FRANTZ GARDEN CENTER TREE SHRUBS AT NEEL PARK WELL 16 NITRATE SAMPLES
NITRATE SAMPLES WELL 16
ITEM 4

ATTACHMENT A
3/31/2025
5 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
1,600.05
657.15
1,600.05
10,777.25
191.23

82.48 273.71
167.11

60.46 227.57
1,820.00
1,820.00

22.63 22.63
8,459.97
8,000.56
16,460.53

35.70 60.80
149.49
245.99
1,569.84
946.68
2,516.52
475.00
6,233.05
6,708.05

RECYCLING BOXES
Total:
03/12/25 GREEN RUBBER-KENNEDY AG NOZZLE FOR HEADWORKS Total:
03/12/25 GRAINGER BUG ZAPPER COSTA

DRINKING WATER NITRATE SAMPLES

DRINKING WATER BACTI SAMPLES

DRINKING WATER NITRATE SAMPLES
Total:
03/12/25 HUNT & SONS LLC FUEL FOR PW ACCT 76078 2/1-2/15/25 Total:
03/12/25 HUGHSON FARM SUPPLY 3 PAIRS OF SAFETY EYE WEAR

AIR FITTINGS
Total:
03/12/25 GROVER LANDSCAPE SERVICES, INC FEB 25 DOWNTOWN LANDSCAPING MAINTENANCE 03/12/25 I.C. REFRIGERATION SERVICE, INC. ANNUAL FIRE EXTINGUISHER SERVICE

ANNUAL FIRE EXTINGUISHER SERVICE
Total:

PROPANE FOR PATCH TRUCK STREETS

HYDROLIC OIL
Total:

FUEL FOR PD ACCT 76081 2/1-2/15/25
Total:
03/12/25 HUNT OIL OF CALIFORNIA PROPANE
03/12/25 INFOSEND, INC. FEB 2025 UB ONLINE MAINT & SUPPORT FEE FEB 2025 UB STMT PROC & POSTAGE
Total:

ITEM 4

ATTACHMENT A
3/31/2025
6 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
3,000.09
3,000.09
3,250.00
3,250.00
22500103 155,667.00
155,667.00
329.40
329.40
100.00

90.00 190.00

65.00 60.00
125.00
105.00
105.00

10.00 10.00

72.98 72.98

51.53 180.42

80.00 80.00
557.91
210.99
210.99
03/12/25 MGT IMPACT SOLUTIONS, LLC FY26 SB90 ANNUAL CLAIMS Total:
03/12/25 JACK DOHENY COMPANIES, INC. SEWER CAMERA REPAIR Total:
03/12/25 JONATHAN GOMES J. GOMES D3 EXAM REIMBURSEMENT J. GOMES D3 CERT REIMBURSEMENT
Total:
03/12/25 DELILAH VASQUEZ PER DIEM FOR NORCAL CONFERENCE Total:
03/12/25 MID-CAL PIPELINE & UTILITIES JAN 25 MORGAN RD STORM DRAIN(PROJ #2408)RESO24-143 Total:
3/10/25 UNIFORM SERVICES WASTEWATER
3/3/25 UNIFORM SERVICES STREETS
3/3/25 UNIFORM SERVICES FACILITIES
3/3/25 UNIFORM SERVICES WATER
3/10/25 UNIFORMS SERVICES WTR/WTR CON
03/12/25 MISSION LINEN SUPPLY 3/3/25 MATS FOR PW ADMIN BUILDING 3/10/25 MATS FOR PW ADMIN BUILDING
3/3/25 UNIFORM SERVICES WASTEWATER
03/12/25 JOSHUA CASAS REIM J. CASAS WTR TRTMNT GRADE 4 CERT Total:
03/12/25 JOSEPH FLORES REIM J. FLORES DISTRIBUTION GRADE 2 EXAM REIM J. FLORES DIST GRADE 2 CERT
Total:

Total:

Total:
03/12/25 MODESTO COLOR CENTER GRAFFITI IN RESTROOMS PARKS ITEM 4

ATTACHMENT A
3/31/2025
7 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
394.29
394.29
161.23

29.21 190.44
1,724.67
1,724.67
1,407.63
1,407.63
782.51
782.51
238.40

43.31 281.71
364.24

19.68 156.41
540.33
716.88
716.88
59,478.37
59,478.37
645.22
645.22
178.72
178.72

96.00 96.00
Total:
03/12/25 MODESTO WINDUSTRIAL CO REPAIR PARTS FOR METERS IN ELLENS WORKS TRUCK 03/12/25 MODESTO WELDING PRODUCTS INC. PARTS FOR PARKS TRAILER Total:
03/12/25 NORTHSTAR CHEMICAL CL2-WELL #27
Total:
03/12/25 MOTOROLA SOLUTIONS, INC RADIO MAINTENANCE

KNEE PADS FOR OMAR
Total:
03/12/25 MOTOR PARTS DISTRIBUTORS INC EXAUST,TIRE PATCH,PADS,OIL FILTER,AIR FILTER,WIPER

INK CARTRIDGES

TONER FOR REPORT WRITING
Total:

EXHAUST FLUID
Total:
03/12/25 ODP BUSINESS SOLUTIONS, LLC PRINT TONER
Total:
03/12/25 O'REILLY AUTO PARTS MOTOR OIL
03/12/25 PRESSURE WASHER CENTER INC. FLEET HOTSY REPAIR UNIT# 20-751-21 Total:
03/12/25 PACE SUPPLY CORP 200 3/4 METERS FOR REPLACEMENT/ STOCK Total:
03/12/25 ODP BUSINESS SOLUTIONS, LLC TONER FOR TRAFFIC Total:
03/12/25 PORAC LEGAL DEFENSE FUND LEGAL DEFENSE FUND - RESERVE OFFICERS Total:
03/12/25 B F T, LP DOGGY STATION LINERS PARKS
Total:

ITEM 4

ATTACHMENT A
3/31/2025
8 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres

48.00 48.00
339.86
339.86
100.00
100.00
885.54
2,469.62
3,355.16
1,492.71
1,492.71
5,092.00
5,092.00
22500041 955.00
955.00
236.36
236.36
333.82

37.49 371.31
558.02
397.02
955.04

37.63 37.63
3,601.75
472.25
4,074.00
03/12/25 PORAC-PEACE OFFICERS RESEARCH ASSOC DUES - RESERVE OFFICERS Total:
03/12/25 RECOLOGY BLOSSOM VALLEY ORGANICS COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ

COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ
Total:
03/12/25 REBECCA ALVAREZ R.ALVAREZ FIELD KEY CARD RFND Total:
03/12/25 PRICE FORD OF TURLOCK, INC. TIRE SENSOR KIT Total:
03/12/25 RIVER CITY GEOPROFESSIONALS, INC. FEB 25 WHITMORE GAZEBO PARK UPGRADES AGRMNT#1 Total:
03/12/25 RICHARD A. LIND JR. M.D. INC. JAN 25 PRE-EMPLOYMENT SCREENING Total:
03/12/25 REFRIGERATION SUPPLIES DIST WATER FILTERS Total:
03/12/25 SHANE PARSON 3/3/25 RECREATION STAFF UNIFORMS 3/11/25 RECREATION STAFF UNIFORMS
Total:
03/12/25 SAFE T LITE OF MODESTO INC 5 BROOMS
25 PAPER (NO PARKING) SIGNS
Total:
03/12/25 SAFE RESTRAINTS, INC. PROTECTIVE HELMETS Total:
03/12/25 SITEONE LANDSCAPE SUPPLY, LLC IRRIGATION ALL PARKS

GRASS SEED
Total:
03/12/25 SHARPENING SHOP/SHARP AUTO PARKS LAWN MOWER THROTTLE CABLE Total:

ITEM 4

ATTACHMENT A
3/31/2025
9 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
413.19
413.19
612.00
612.00
1,934.63
3,158.63
71,400.00
71,400.00
5,999.90
5,999.90
22400056 539.15
539.15
22500095 8,332.15
8,332.15
720.00
720.00
22500073 652.00
22500073 2,608.00
22500073 1,304.00
4,564.00
39,938.88
39,938.88
2,981.97
257.92
3,239.89
03/12/25 KIMBERLITE CORPORATION JANUARY - MARCH 2025 RANGE MONITORING Total:

Total:
03/12/25 T-MOBILE USA, INC JAN21- FEB20 2025 T-MOBILE PHONE SVCS Total:
03/12/25 SUN RIDGE SYSTEMS, INC. 2025 ANNUAL SUPPORT SERVICES 03/12/25 STANISLAUS FOUNDATION DENTAL CARE TRUST ACCOUNT JAN 2025 DENTAL ADMIN FEE FOR PAID CLAIMS FEB 2025 DENTAL ADMIN FEES FOR PAID CLAIMS
DENTAL CLAIMS PAID MARCH 2025
Total:
03/12/25 TOP DOG POLICE K9 TRAINING AND CONSULTING, LLC FEBRUARY 2025 K9 TRAINING Total:
03/12/25 TOM PONTON INDUSTRIES, INC WASTEWATER DEPT. FLOW METER REPLACEMENT Total:
03/12/25 TL ENGINEERING FEB 25 HSIPSL (076)MEDIAN INSTALLATION RESO23-129 03/12/25 U.S. BANK VISA FEB 25 VISAS
Total:

MUNIS PAYROLL IMPLEMENTATION

MUNIS PAYROLL IMPLEMENTATION
Total:

Total:
03/12/25 TYLER TECHNOLOGIES, INC. DEC 24 PROJECT MANAGEMENT 03/12/25 ULINE, INC BEVERAGE CONTAINER GRANT MATERIALS RECYCLING BINS

SAFETY HARNESSES
Total:

ITEM 4

ATTACHMENT A
3/31/2025
10 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
279.69
279.69
349.33
349.33
22500055 25,564.70
25,564.70
22400049 3,479.00
3,479.00
22500043 5,111.01
5,111.01
22500071 6,496.61
22500071 5,292.08
22500071 438.39
22500071 692.90
12,919.98
207.00
161.00
161.00
161.00
690.00
482.15
482.15

30.46 411.32

27.72 9.53
187.48

17.33 03/12/25 VALLEY TIRE SALES, INC. 4 TIRES FOR PUBLIC WORKS PICKUP Total:
03/12/25 UNITED SITE SERVICES FEBRUARY 2025 RANGE TOILET RENTAL Total:
03/12/25 WESTWOOD PROFESSIONAL SERVICES JAN 25 CENTRAL & HACKETT CORRIDOR PED SAFETY (081) Total:
03/12/25 WEST YOST & ASSOCIATES JAN 25 WATER MASTER PLAN RESO23-125 FY23/24 Total:
03/12/25 WEST COAST ARBORISTS, INC. ARPA GRID PRUNE PROGRAM FY24/25 Total:

LEGAL AD: PH NOTICE CC#2-8 6TH CYCLE HOUSING ELEM.

LEGAL AD: PH NOTICE CC#2-9 RHNAOD ORDINANCE
LEGAL AD: PH NOTICE #CC2-12 ORDINANCE 1ST READING
Total:

OCT2024 LABOR & EMPLOYMENT LEGAL SERVICES
Total:
03/19/25 209 MULTIMEDIA CORPORATION LEGAL AD: PH NOTICE CC#1-17 PC MTG. 2-18-25 03/12/25 WHITE BRENNER LLP OCT2024 GENERAL MUNI LEGAL SERVICES OCT2024 HR LEGAL SERVICES
OCT2024 LABOR NEGOTIATIONS LEGAL SERVICES

INSPECTION TAGS FOR FIRE EXTINGUISHERS

VENT FAN AND LIGHT FOR STREETS TRAILER

MANILA FOLDERS OFFICES SUPPLIES FLEET
03/19/25 AMAZON CAPITAL SERVICES, INC. ADHESIVE BANDAGES (BANDAIDS)

OFFICE SUPPLIES

HOLE BIT FOR SINK REPAIR
03/19/25 AL'S CERTIFIED SAFE & LOCK CYLINDERS FOR PARKS Total:

ITEM 4

ATTACHMENT A
3/31/2025
11 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
822.90

35.64 17.49

19.04 71.52
1,650.43
392.79
392.79
292.61
292.61
2,071.00
2,521.00
4,592.00
22500090 6,919.00
6,919.00
541.88
541.88
22500094 55,296.00
55,296.00
726.08
726.08
268.25
268.25
260.86
135.23
396.09
90,132.03
90,132.03

OFFICE SUPPLIES

JACK HANDLE

EXHAUST MUFFLER FOR STREETS TRAILER
Total:
2 FLEET OFFICE DESKS

OFFICE FLOOR MAT FLEET
03/19/25 BEAR ELECTRICAL SOLUTIONS, INC TRAFFIC SIGNAL RESPONSE

TRAFFIC SIGNAL ROUTINE
Total:
03/19/25 ATCO MANUFACTURING CO. CHEMICAL SPILL KITS Total:
03/19/25 AT&T 01/20-02/19/24 PHONE SVCS MULTIPLE LINES Total:
03/19/25 BYRON M PRICE FINANCE COUNTER REMODEL-RESO#2025-1 & 2024-146 Total:
03/19/25 BSN SPORTS LLC OCHOA, SMYRNA NETS
Total:
03/19/25 BSK ASSOCIATES FEB 25 MORGAN RD STORM DRAIN IMPROV PROJ ARGMNT #4 Total:
03/19/25 CHOICE ELECTRIC, INC LED BULLBS FS 3

RED TUBE GUARDS FOR PD
Total:
03/19/25 CHARTER COMMUNICATIONS 3/01-30/25 PD CABLE SVCS Total:
03/19/25 CALIFORNIA LANDSCAPE SUPPLY, INC. 2.5 GAL PLANTERS FOR PARKS Total:
03/19/25 CITY OF TURLOCK FEB 25 TURLOCK SEWER USE CHARGES 2/1-2/28/25 Total:

ITEM 4

ATTACHMENT A
3/31/2025
12 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
22400089 93,878.63
93,878.63

80.00 80.00
506.96
506.96
438.90
438.90
877.80
2,500.00
2,500.00

32.00 32.00

80.00 80.00
135.00
135.00
270.00
1,037.08
1,037.08
22500063 24,019.75
24,019.75

75.00 75.00

6.23 6.23
259,525.38
259,525.38
03/19/25 CONDIT, GARY MATTHEW PLANNING COMMISSION STIPEND - MARCH 2025 Total:
03/19/25 CONCO WEST INC. FEB 25 WELL 22(GAC)TREATMENT PROJ P23-008 2024-001 Total:
03/19/25 KAM SOFTWARE TECHNOLOGIES TICKET WRITERS ANNUAL MAINTENANCE FEE Total:
03/19/25 COSTAR REALTY INFORMATION, INC. 02/01/25 - 02/28/25 COMM REAL ESTATE DATABASE MARCH 2025 COMM REAL ESTATE DATABASE
Total:
03/19/25 CORELOGIC SOLUTIONS, LLC FEB METRO SCAN OLINE ACCESS STAN CO DATE, AERIAL Total:
03/19/25 ELEVATOR TECHNOLOGY, INC. PM SERVICE PD ELEVATOR

PM SERVICE CCC ELEVATOR
Total:
03/19/25 DORIS DAKIN PEREZ PLANNING COMMISSION STIPEND - MARCH 2025 Total:
03/19/25 DEPT OF JUSTICE ACCOUNTING OFFICE CASHIERING UNIT FEB 25 FINGERPRINT APPS Total:
03/19/25 EXPERIAN PRE-EMPLOYMENT CREDIT CHECKS
Total:
03/19/25 EMTS, INC. LANDSCAPE AND JANITORIAL MAINTENANCE FOR PARKS Total:
03/19/25 EMC PLANNING GROUP INC. HOUSING ELEMENT UPDATE - PROF. SVCS. FEB. 25 Total:
03/19/25 FIRE RISK MANAGEMENT SERVICES APRIL 2025 MED/VSN PREM Total:
03/19/25 FEDERAL EXPRESS LATE FEE FOR DISPATCH SHIPPING Total:

ITEM 4

ATTACHMENT A
3/31/2025
13 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
115.00
115.00
125.00
125.00
2,071.80
2,071.80
593.75
593.75
106.22
106.22

14.18 14.18
6,712.78
7,750.75
14,463.53
103.83

80.99 370.10
-192.85
362.07

80.00 80.00
160.00

80.00 80.00
312.00
312.00
03/19/25 GEOANALYTICAL LABORATORIES, INC MONTHLY LAB ANALYSIS MARCH 25 Total:
03/19/25 HERITAGE-CRYSTAL CLEAN, LLC PARTS WASHER AND FILTER Total:
03/19/25 HERITAGE LANDSCAPE SUPPLY GROUP, INC IRRIGATION AT SMYRNA AND RIVERBLUFF Total:
03/19/25 HAO VAN LE MONTHLY LAB ANALYSIS MARCH 25 Total:
03/19/25 HUNT & SONS LLC FUEL FOR PD ACCT 76081 2/16-2/28/25 FUEL FOR PW ACCT 76078 2/16-2/28/25
Total:
03/19/25 HUGHSON FARM SUPPLY SPRAY TANK FILLING
Total:
03/19/25 HOWK SYSTEMS, INC. PLAYGROUND REPAIR NEEL PARK Total:

PLANNING COMMISSION STIPEND - MARCH 2025
Total:
03/19/25 JAMMU, RULDIP PLANNING COMMISSION STIPEND - MARCH 2025

CREDIT/ RETURN OF CUSTIDIAL SUPPLIES
Total:
03/19/25 ISHWAR GILL PLANNING COMMISSION STIPEND - FEBRUARY 2025 03/19/25 IMPERIAL BAG & PAPER CO. LLC JANITORIAL SUPPLIES

CUSTODIAL SUPPLIES

JANITORIAL SUPPLIES
Total:

Total:
03/19/25 JANA KIRCHERT 3/3-13/25 GET FIT/ZUMBA GOLD CLASSES ITEM 4

ATTACHMENT A
3/31/2025
14 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres

80.00 80.00
124.71
154.61
279.32
2,900.45
2,900.45
1,144.28
1,144.28
2,900.45
2,900.45
414.00
414.00

72.98 51.53

74.70 199.21
189.23
189.23
1,407.63
1,407.63
386.38
386.38

62.09 52.01
114.10
197.35
197.35
Total:
03/19/25 MARTIN MARIETTA MATERIALS, INC. 1.60 TONS OF ASPHALT FOR PATCHING 03/19/25 JOHNSON, DAVID J. PLANNING COMMISSION STIPEND - MARCH 2025 Total:
03/19/25 MATTHEW VIERRA M.VIERRA: LODGING/PER DIEM SUPRVISR CRSE 4/7-18/25 Total:
03/19/25 JONATHAN BLOUNT BLOUNT: LODGING/PER DIEM ADV INST CRSE 4/8-11/25

2.02 TONS OF ASPHALT FOR PATCHING
Total:
03/19/25 AARON PINON PINON: LODGING/PER DIEM SPRVISOR CRSE 4/7-18/25 3/10/25 UNIFORM SERVICES STREETS
3/10/25 UNIFORM SERVICES FACILITIES
Total:

Total:
03/19/25 MISSION LINEN SUPPLY 3/17/25 UNIFORM SERVICES WASTEWATER Total:
03/19/25 MICHAEL VIERRA M.VIERRA: PER DIEM ADV INSTR CRSE 4/8-11/25 03/19/25 NDN INTERNATIONAL LEATHER GEAR FOR NEW HIRES Total:
03/19/25 MOTOROLA SOLUTIONS, INC MARCH 2025 - RADIO MAINTENANCE Total:
03/19/25 MODESTO WELDING PRODUCTS INC. PARTS FOR PARKS TRAILER Total:
03/19/25 PACIFIC STORAGE COMPANY MARCH 2025 PD SHREDDING SERVICE Total:
03/19/25 O'REILLY AUTO PARTS AIR FILTERS FOR WW
AIR FILTERS FOR WW UNIT 25-752-15
Total:

ITEM 4

ATTACHMENT A
3/31/2025
15 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
928.16
928.16
2,000.00
2,000.00
188.00
188.00
153.14
153.14
406.88
406.88
22500106 9,430.00
9,430.00
413.19
413.19
22500020 7,706.22
22500020 10,575.95
18,282.17
3,000.00
3,000.00
22500087 17,031.21
22500085 11,427.40
28,458.61
22500068 2,278.00
22500068 2,057.00
4,335.00
03/19/25 PRICE FORD OF TURLOCK, INC. BELT FOR ALTERNATOR Total:
03/19/25 SAFE T LITE OF MODESTO INC 4 RETRACTABLE CONE BARS FOR CONFINED SPACE ENTRY Total:
03/19/25 SACRAMENTO REGIONAL PUBLIC SAFETY TRAINING CENTER PINON/VIERRA: TUITION SUPRVISOR CRSE 4/7-18/25 Total:
03/19/25 ROSS-CAMPBELL, INC SB1383 LOCAL ASSISTANCE GRANT EDUCATION/OUTREACH Total:
03/19/25 KIMBERLITE CORPORATION APRIL-JUNE 2025 RANGE MONITORING Total:
03/19/25 SNS AUTOMATION PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION Total:
03/19/25 SITEONE LANDSCAPE SUPPLY, LLC CHEMICALS FOR WEEDS AT ALL PARKS Total:
03/19/25 STILES TRUCK BODY & EQUIP, INC SECOND STAGE OF WORK FOR F650 AUTOCRANE CARNE/BODY PURCHASE FOR THE REMOVAL/REFURBISHMENT OF F650
Total:
03/19/25 STATE CONTROLLER'S OFFICE DEPT ACCOUNTING OFFICE 07/01/24-6/30/25 ANNUAL STREET REPORT Total:
03/19/25 STANISLAUS COUNTY BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25 BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25
Total:
03/19/25 TROY E. SLAYBAUGH GRAFFITI ABATEMENT - CODE AND PARKS

GRAFFITI ABATEMENT - CODE AND PARKS
Total:

ITEM 4

ATTACHMENT A
3/31/2025
16 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
1,320.00
1,320.00
1,791.37
1,689.61
196.70
466.01
4,143.69
141.79
465.30
607.09
180.00
180.00
390.08
390.08
22500055 20,477.15
22500055 24,957.10
45,434.25
22500071 2,806.24
22500071 277.16
22500071 69.29
1,351.16
138.58
22500071 147.09
4,789.52
194.28
194.28
03/19/25 VALLEY AGRONOMICS, LLC SPREADER CHARGE PER DAY

TREATMENT FOR ALL PARKS

FIELD TEST FOR RIVERBLUFF
03/19/25 TRUEPOINT SOLUTIONS, LLC. ON-CALL SUPPORT-ACCELA-BLDG. DEPT. - FEB.25 Total:

Total:
03/19/25 VALLEY TIRE SALES, INC. 2 TIRES FOR STOCK K9 ODIN - ORAL HEALTH EXAM AND MEDS
Total:
03/19/25 VALLEY ENTRY SYSTEMS, INC. WRRF HEADWORKS GATE REPAIR

PESTICIDES FOR RICHLAND PARK
Total:
03/19/25 VALLEY CRITTER CARE, INC K9 FIONA - URGENT CARE EXAM NOV2024 LITIGATION LEGAL SERVICES
NOV2024 CONTRACTS LEGAL SERVICES
JAN2025 WATER LEGAL SERVICES
JAN2025 SEWER LEGAL SERVICES
JAN2025 HR LEGAL SERVICES
ARPA GRID PRUNE PROGRAM FY24/25
Total:
03/19/25 WHITE BRENNER LLP NOV2024 TOW ONE LEGAL SERVICES Total:
03/19/25 WEST COAST ARBORISTS, INC. ARPA GRID PRUNE PROGRAM FY24/25 Total:

Total:
03/19/25 WILLE ELECTRIC SUPPLY, INC. LIGHT SENSOR FOR PD ITEM 4

ATTACHMENT A
3/31/2025
17 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
125.00
125.00
250.00
272.65
272.65
376.41

14.07 24.70
415.18
814.73
814.73
2,698.54
915.12
899.90
648.61
5,162.17
22400075 1,121.25
22400075 3,708.75
22400075 545.25
5,375.25
22500094 6,240.00
6,240.00
187.19
187.19

65.53 65.53
276.72
276.72

ALARM SERVICES FOR RIVERBLUFF PARK
Total:
03/26/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC MARCH 2025 SCADA MONTHLY BACKUPS 03/26/25 1ST SECURITY & SOUND, INC ALARM SERVICES FOR CORP YARD 03/26/25 AZCO SUPPLY, INC. STREET LIGHT POLE AND 1 FIXTURE 2 STREET LIGHT FIXTURES
3 STREET LIGHT FIXTURES
03/26/25 AT & T 1/25-6/25 POLE LEASE FIBER OPTIC TRAFFIC SIGNAL Total:

HIGHLIGHTERS AND PENS

TRAILER WIRING HARNESS
Total:

Total:
03/26/25 AMAZON CAPITAL SERVICES, INC. TRUCK/TRAILER HITCH, LOAK, JACK,BRUSHES,AIR FRECHN 03/26/25 BYRON M PRICE FINANCE COUNTER REMODEL-RESO#2025-1 & 2024-146 Total:

FEB 25 SDMP CEQA INITIAL STUDY/MITIGATED NEGATIVE
FEB 25 SDMP CEQA INITIAL STUDY/MITIGATED NEG DECL
Total:
2 STREET LIGHT FIXTURES
Total:
03/26/25 BLACK WATER CONSULTING ENGINEERS, INC JAN 25 SDMP CEQA INITIAL STUDY/MITIGATED NEGATIVE 03/26/25 CHARTER COMMUNICATIONS 3/1-3/31 SCADA INTERNET WATER DEPT.

Total:
03/26/25 CERES PIPE & METAL INC BROKEN FENCE FOR CORP YARD Total:
03/26/25 CENTRAL SANITARY SUPPLY, LLC FLOOR SEALER LH Total:

ITEM 4

ATTACHMENT A
3/31/2025
18 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
22500114 225.00
22500114 8,055.80
8,280.80
22500024 14,345.00
14,345.00
1,095.00
1,095.00

18.44 269.56
288.00
140.00
1,450.00
1,318.95
696.15

37.80 42.80

42.80 1,258.95
4,987.45

70.05 70.05
236.73
236.73

54.00 54.00
981.23
981.23
03/26/25 ENGEO, INC NOV 24 OCHOA PARK PH II IMPROVEMENT PROJ AGRMNT #2 Total:
03/26/25 DOKKEN ENGINEERING JAN 25 CROWS LANDING RD REHAB PROJ RESO#2024-121 Total:
03/26/25 CRAWFORD & ASSOCIATES, INC. OCT 24 CENTRAL AVE STORM DRAIN RPR - FY24/25 SEPT 24 CENTRAL AVE STORM DRAIN RPR - FY24/25
Total:

Total:
03/26/25 HOWK SYSTEMS, INC. COUPLINS, CAP, PLUG, TRUCK PARTS FOR JG

DRINKING WATER BACTI SAMPLES
WELL 16 NITRATE SAMPLES

DRINKING WATER NITRATE SAMPLES

DRINKING WATER/ WATER QUALITY SAMPLES
03/26/25 GEOANALYTICAL LABORATORIES, INC TURLOCK EXPORT SAMPLE ANALYSIS MARCH #1

LAGOON FOG SAMPLES ANALYSIS

DRINKING WATER/ WATER QUALITY SAMPLES
03/26/25 FERGUSON US HOLDINGS, INC PLUMBING PARTS FOR STRAWBERRY PARK

SAW BLADES/ WATER PUMP
Total:

Total:
03/26/25 J.A. MOMANEY SERVICES, INC. 1 TRAFFIC SIGNAL FIVE HEAD Total:
03/26/25 INFOSEND, INC. PARKS OUTREACH INSERT BAL DUE Total:
03/26/25 HUNT OIL OF CALIFORNIA DIESEL EXHAUST FLUID Total:

ITEM 4

ATTACHMENT A
3/31/2025
19 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
22500112 147,473.54
22500112 79,610.67
227,084.21
121.15
121.15
6,400.00
6,400.00
158.94
158.94
256.68
256.68
790.44
790.44

10.00 52.43

53.30 53.30

98.60 267.63
824.98
507.87
1,332.85
192.84
192.84

61.45 61.45
16,803.05
16,803.05
Total:
03/26/25 MCLAIN DESIGNORI REPLACEMENT PUMP FOR CANYON LIFT STATION FEB 25 LUCCHESI LN SWR REHAB PROJ(2516) RESO24-142
Total:
03/26/25 MARTIN MARIETTA MATERIALS, INC. 1.55 TONS OF ASPHALT FOR PATCHING 03/26/25 KROEKER, INC. JAN 25 LUCCHESI LN SWR REHAB PROJ(2516) RESO24-142 Total:
03/26/25 GIOVANA PINEDA PINEDA: LODGING/PER DIEM WARRANT CONF 4/30-5/2/25 Total:
03/26/25 DELILAH VASQUEZ MAR 25 CSJVRMA BOARD MEETING Total:
03/26/25 ANTONIO LEPE A. LEPE BOOT REIM FY 24/25 03/26/25 MODESTO COLOR CENTER PAINT FOR PARKS

PAINT FOR PARKS
Total:
3/17/25 UNIFORM SERVICES STREETS
2/24/25 UNIFORM SERVICES PARKS
12/23/24 UNIFORM SERVICES PARKS
3/17/25 UNIFORM SERVICES WTR/WTR CON
Total:

Total:
03/26/25 MISSION LINEN SUPPLY 3/24/25 MATS FOR PW ADMIN BUILDING 03/26/25 PACIFIC GAS & ELECTRIC MAR 25 GAS SVCS
Total:
03/26/25 O'REILLY AUTO PARTS BATTERY FOR STREETS Total:
03/26/25 MODESTO STEEL COMPANY, INC MATERIAL TO INSTALL OVERHEAD STREET NAME SIGNS Total:

ITEM 4

ATTACHMENT A
3/31/2025
20 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
180.00
180.00
2,500.00
2,500.00
1,892.20
1,892.20

30.73 54.40

26.63 99.68
211.44
1,219.00
1,219.00
292.00
292.00

13.07 13.07
83,338.89
83,338.89
892.72
892.72
195.09
195.09
3,194.72
3,194.72
22500066 16,861.46
16,861.46
03/26/25 RELIASTAR LIFE INSURANCE COMPANY MAR 2025 ACCIDENT/HOSPITAL/ILLNESS PREM #0073144-7 Total:
03/26/25 LOVE CERES 04.26.25 LOVE CERES EVENT SPONSORSHIP Total:
03/26/25 PACIFIC STORAGE COMPANY DOCUMENT SHREDDING Total:

Total:
03/26/25 STANISLAUS FOUNDATION DENTAL CARE TRUST ACCOUNT DENTAL CLAIMS PAID MARCH 25 2 SIGNS FOR STREETS
Total:
03/26/25 SHARP ELECTRONICS CORPORATION MAR 1-31 2025 STANDARD PYMNT 8 COPIERS 1 PRINTER 03/26/25 SAFE T LITE OF MODESTO INC 1 PAIR OF RAIN BOOTS FOR STEVEN 2 STREET NAME SIGNS
1 PAIR OF RAIN PANTS FOR EDUARDO
Total:
03/26/25 ULINE, INC BEVERAGE CONTAINER GRANT RECYCLING BIN Total:
03/26/25 TURLOCK IRRIGATION DISTRICT FEB 07 - MAR 07 2025 TID ELECTRICITY SVCS Total:
03/26/25 TROPHY WORKS, INC. OTERO NAME PLATE FOR PHOTO Total:
03/26/25 THE WARDEN'S OFFICE INC. FINANCE REMODEL Total:
03/26/25 VERIZON WIRELESS FEB 5 - MAR 4 2025 PHONE SVCS Total:
03/26/25 VALLEY WIDE COOPERATIVE WEED WACKER FOR PARKS Total:

ITEM 4

ATTACHMENT A
3/31/2025
21 Date Vendor Name Invoice Description Amount
Voucher List
City of Ceres
350.50
350.50
1,559.02
22500071 1,385.80
22500071 252.15
22500071 34.64
22500071 2,598.38
5,829.99

45.42 45.42
7,765.00
7,765.00
22500093 137,419.50
137,419.50
6,264,232.24
JAN2025 REAL ESTATE LAND USE LEGAL SERVICES
FEB2025 HR LEGAL SERVICES
FEB2025 CODE ENF LEGAL SERVICES
FEB2025 REAL ESTATE LAND USE LEGAL SERVICES
Total:

Total:
03/26/25 WHITE BRENNER LLP DEC2024 WATER LEGAL SERVICES 03/26/25 WESTWOOD PROFESSIONAL SERVICES JAN 25 WHITMORE PRK GAZEBO PLNS/UPGRADE RESO23-99 Vouchers in this report Total vouchers:
03/26/25 WRT HOLDINGS DELAWARE INC WRT FOR REMOVAL, DISPOSAL, AND REPLACEMENT/URANIUM Total:
03/26/25 WOOD RODGERS, INC. COPPER TRAILS MASTER PLAN-PROF. SVCS. FEB. 25 Total:
03/26/25 WILLE ELECTRIC SUPPLY, INC. FIRE HOUSE CONNECTIONS/ BLAKER TANK CLEANING Total:

ITEM 4

ATTACHMENT A
Vendor: US BANK VISA
Check Date: 3/12/2025
Invoice No.: Feb-25
Invoice Descritpion: FEB 25 VISAS

CARD HOLDER CHARGE DESCRIPTION TOTAL
SCOTT KEYS MODIFICATION SET, CLEAN TRUCK CHECK SERVICE FEE, CLEAN TRUCK CHECK CERTIFICATE FEE, OPACITY TEST 483.22 VERONICA GONZALEZ OFFICE SUPPLIES, TRAINING 824.86

SHAWN WALKER
SHIPPING INVERTER UNIT TO HAVE REBUILT 10TH/MAG STORM LIFTSTATION, CHEMICAL DRUM PUMP FOR HERBICIDE, NEW HERBICIDE SPRAY GUNS, 10TH/MAG STORM LIFTSTATION PARTS, SAND BAGS FOR STORM SEASON 2025, 10TH/MAG STORM LIFTSTATION INVERTER REBUILD FOR CABNET. 3,287.42
MATTHEW WILLIAMS SO CORD FOR AERATOR 216 FEET, TRAINING MANUALS & COURSE, ACROBAT PRO MONTHLY SUBSCRIPTION 1,234.59

JONATHAN FREDERICK

DOMAIN NAME RENEWAL STANRWA, SYNOLOGY ROUTER FOR REMOTE ACCESS, REPLACEMENT PC FOR IT, DOMAIN NAME RENEWALS MULTIPLE, REPLACEMENT POWER SUPPLY, WINDOWS 11 LICENSE FOR IT, REPLACEMENT NETWORK POWER SUPPLIES, CREDIT FOR SYNOLOGY ROUTER RETURN 1,969.44

HANK UNRUH

TRAINING COURSES, NYLON ROPE, GROMMETS, ASPHALT RELEASE, BBS COPPER TERMINALS, WIRE BENCH WHEEL, LATEX WORK GLOVES, WORK BENCH GRINDER, ANCHORS, TAPE, ZIPTIES 2,167.43
TRAVIS HUDSON STORAGE DESK FOR CODE ENFORCEMENT OFFICE, FOOD AND DRINKS FOR THE ORAL PANEL MEMBERS FOR POLICE RECRUIT INTERVIEWS 355.10 MARK ANDERSON REPLACEMENT B-W LASER PRINTER, REPLACEMENT LABEL PRINTER, WALL MOUNT FOR TV, WALL MOUNT MONITOR BRACKETT 814.69

JOHN THOMAS
WATERWISEPRO TRAINING T2, BUCKET, BATTERY CHARGER, PVC CONDUIT, 1/2 ELBOW, TOGGLE COVER, NATURAL CABLE., CONCRETE MIX BRUSH, FLOAT MAG, LEVEL KNEE MAT, CONDUIT, FEMALE ADAPTER, LIQTITE CONN PVC 949.74 DYLAN W PALECEK OFFICE WATER - PW, OFFICE WATER - WATER DEPT, 2/1-28/25 GPS TRACKING FOR STREET SWEEPERS & WTR CONSERVATION VEHICLE 328.03 BRYAN N FERREIRA LIGHTER WEIGHT RIDING GLOVES 35.90

AMERICO R CASTANEDA

KEYS CCC, ICE MACHINE SANITIZER, HEATER PARTS / WATER SHOP, LIMIT CONTROL/FLEET, FUR CONTROL BOARD/ ANNEX, ELECTRICAL/ WW, KEYS/ FS 3, KEYS/ CCC, CREDIT/ RETURN, WALL TIMERS/ FS 4, TOOL/ BATTERIES, CHALK REEL/TOOL, FLOOR SANDER/ FS 15, ELECTRIAL, SENDING SHEET/ FS 15, CEMENT SEALERS/ FS 15, FLOOR SANDER/ FS 15, CREDIT/ RETURN 849.88 DIRK NIEUWENHUIS PR TEAM CLOUD STORAGE, PR TEAM ANNUAL CANVA SOFTWARE RENEWAL 129.98 MICHAEL VIERRA RANGE SUPPLIES 142.73

TONI CORDELL

CERES COURIER SUBSCRIPTION, FOOD FOR CLEAN-UP EVENT, PORTA POTTY RENTIAL FOR CLEAN UP EVENT, FOOD/ SUPPLIES FOR CLEAN- UP EVENT, FOOS/ SUPPLIES FOR CLEAN-UP EVENT, FOOD/SUPPLIES FOR EMP. APPREC./ SAFETY LUNCHEON, FOOD/ SUPPLIES FOR EMP.

APPREC./ SAFETY LUNCHEON 882.89
JOSEPH CHAVEZ HOMELESS COUNT STAFF FOOD 110.00

ANN M MONTGOMERY
OFFICE SUPPLIES: AVERY BIG TAB PLASTIC DIVIDERS - FOR PC INTERVIEW BINDERS, THREE 8x2 BLUE W/WHITE SATIN SILVER DESK PLATES FOR NEW PLANNING COMMISSIONERS. 134.89
AARON R OJEDA-MORENO PAINT FOR WRRF EQUIPTMENT, IRRIGATION SPRINKLERS 222.14 CRISTINA AGUILAR 1/22-2/21/25 ZOOM MEMBERSHIP SUBSCRIPTION, 2/22-3/21/25 ZOOM MEMBERSHIP SUBSCRIPTION 98.88 FALLON MARTIN COUNCIL MEETING SUPPLIES 26.00
ITEM 4

ATTACHMENT A
MATTHEW SCOTT WASTEWATER EXAMSUPPLEMENTAL, WATER BOARD FEE, RENEWAL, SEWER REPAIR MATERIALS, ANNUAL SAFETY TOE BOOTS 623.95

ANGELICA HERNANDEZ
TRAINING FOR K.KEIFER, AIRPORT PARKING LOT FEE FOR LCW CONFERENCE, HILTON HOTELS FOR LCW CONFERENCE A.HERNANDEZ, D.VASQUEZ, N.VARGAS/S.VENTURA, OFFICE SUPPLIES 1,358.11

DOUGLAS DUNFORD
COTERO-2025 LOCC NEW COUNCIL ACADEMY 1/22-24, DUNFORD-2025 LOCC NEW COUNCIL ACADEMY 1/22-24, 2025 LOCC NEW COUNCIL ACADEMY: 1/22-24, COTERO-2025 LOCC NEW COUNCIL ACADEMY: 1/22-24, COTERO-2025 LOCC NEW COUNCIL ACADEMY 1/22-24, 2025 LOCC CM CONF: 2/5-7, 2025 LOCC CM CONF: 2/5-7 2,229.27
RICHARD SUFFECOOL BIG CHANNEL LOCKS FOEWORK TRUCK 29.25 ABRAHAM OCHOA JR FS 1/ CHICAGO FAUCETS, FS 1/ FLAT WASHERS, PD PAINT, PD GLUE, LEGION HALL/ BUILDERS HARDWARE 151.08

JOSHUA CASAS
SPRAY ON LINER FOR SALE AT WELL 22, DEPOSIT FOR ROOM. WATER CONFRENCE OF THE WEST CA-NV AWWA CONVENTION, JOHN T, OMAR R, BRAD O, TREATMENT TRAINING, ANTONIO L, JOSEPH F, DISTRIBUTION TRAINING 2,144.84 JESSICA PULLIAM CITY EASTER EVENT AND SENIOR EVENT SUPPLIES, COOKING CLASS SUPPLIES, OFFICE SUPPLIES, OUTDOOR EVENT SUPPLIES 839.64 MICHAEL ESTACIO R&R SIDEWALK/ DI @ 5TH & CASEWELL, REPAIR BARRICADE @ CEADARVALE DR., CITY WIDE ASPHALT PATCHING 578.22

MARCY PEDERSON

PLAQUE FOR CHIEF PERRY'S PHOTO, DATA SEARCH PLATFORM FOR INVESTIGATIONS, CHIEF PERRY'S PHOTO, LUNCH FOR ORAL BOARD - CE

SECRETARY, FRAME FOR CHIEF PERRY'S PHOTO, LANYARDS FOR CONTRACTOR KEY CARDS, TOWELS FOR ACADEMY RECRUITS, BUSINESS CARDS - MARDIROSIAN, PHOTO FOR CHIEF'S WALL, LUNCH FOR ORAL BOARD - ACADEMY RECRUITS 671.46

ELLEN EDMONDSON
CHAIN TO LOOK UP CONSTRUCTION METERS, METER BOLTS FOR TWO INCH METERS, FLASH LIGHTS FOR WORK TRUCK, N-95 FACE MASKS, CAR CHARGER / BACKHOE KEYS, MUCKS, STEEL TOE RAIN BOOTS FOR JEFF ARNOLD, EAR PLUGS 632.81 KENNETH E VAUGHN FIX IPAD SCREEN, CAMERAS FOR SMYRNA PARK, PESTICIDE CLASS, PESTICIDE CLASS, BOOTS FOR PEDRO 615.99

JOHNNY CARRILLO

PAD LOCKS/CH, HEATER FOR ANNEX, COAT RACK/ PD, SCREWS/ PD, PAINT/ PD, UNCLOG DRAIN/ ROEDING PARK, SCREWS/ PD, VACUUM BELTS 2,229.32

SHAWN W HESS

WINDOW TINT ON NEW DUMP TRUCK, PRESSURE WASHER FITTINGS, REPLACEMENT TOILET SEAT, MOVING SUPPLIES WRRF OFFICE, HARDWARE STORES, MANHOLE BOLTS, PRESSURE WASHER RETURN, VEHICAL TAGS, SCREWDRIVERS & IBUPROFEN, BREAKROOMS BLINDS 832.69 Crystel Aguilar
C.AGUILAR TRAINING 03.18.25, RECREATION PROGRAMMING - SENIOR EVENT, BUILDING SUPPLIES AND RECREATION PROGRAMMING, SENIORS 725.81
BOBBY TITUS HYDRO PATCH ASPHALT, HMI SCREEN FOR WELL #23 2,774.64 ROBERT HERRINGTON PUNCH & CHISEL FOR R.O.W PLAYGROUND SIGNS 47.56 CHRISTOPHER PERRY REFUND FOR CANCELLED CLASS (300.00)
RENEE HOWERTON SUPPLIES - GUN BOXES FOR EVIDENCE BOOKING 268.05 JEFFREY VARNI AMAZON ORDER- BIRDROCK HOME LAWN & LEAF WASTE BAG 113.67

DELILAH VASQUEZ
HOTEL FOR NORCAL CONFERENCE D. VASQUEZ, TROPHY'S FOR EE RECOGNITION, CANDY, NUT, AND CONFECTI, NORCAL SPRING CONFERENCE 634.17
JEFFERY GODFREY JEFF GODFREY UNIFORM SHOES, JEFF GODFREY UNIFORM PANTS, JEFF GODFREY UNIFORM PATROL BOOTS 352.46

SONIA LEDEZMA
1099 ENVELOPES RETURN, BANKER BOXES FOR HR, PROFESSIONAL DEVELOPMENT S.LEDEZMA, PROFESSIONAL DEVELOPMENT S.LEDEZMA, CSMFO PARKING, CSMFO HOTEL STAY FOR S.LEDEZMA, CSMFO HOTEL STAY FOR B. ROSA 2,176.42 SAMIR ROYAL STORM WATER PERMIT APPLICATION, STORM WATER PERMIT APPLICATION 636.02 TRENTON JOHNSON DUTY BELT FOR NEW OFFICER 70.59
ARMANDO HERNANDEZ WORK BOOTS, CONCRETE FOR BACKFLOW AT MCNEIL, CONCRETE MIX FOR G5 BOX, SAMPLE COOLER 397.16 JULIAN AGUIRRE UNITED AIRLINES - ROUND TRIP TICKET-SAN FRANCISCO TO ONTARIO, CA FOR CALED CONFE 337.39 OSCAR HERNANDEZ 2 DEWALT STEEL TAMPERS, 2.03 TONS OF ASPHALT, 1.53 TONS OF ASPHALT 538.92 ITEM 4

ATTACHMENT A
SHIRLEY A VENTURA REFRESHMENTS FOR ORAL PANEL INTERVIEWS 21.74 ANDREA MAGDALENO DOCUMENT SHREDDING 520.00
REBECCA JOHNSON DESK ORGANIZERS RETURNED, LAMINATING SHEETS, 3 RING BINDERS, OFFICE SUPPLIES, OFFICE SUPPLIES FOR WATER DEPT. 196.20 JOSE BERBER DETECTIVE KEY FOB BATTERY 10.39
KHRISNA STITZELL 2025 CPRS CONFERENCE CLASS, REC DEPT OFFICE SUPPLIES 61.38 LEA SIMVOULAKIS REGISTRATION FOR LEAGUE OF CALIF. CITIES PLANNING COMMISSION ACADEMY MARCH 5-7,, PROFESSIONAL DEVELOPMENT MATERIAL, 2,371.87 Grand Total 39,938.88
ITEM 4

ATTACHMENT A

COUNCIL AGENDA REPORT

Resolution No. 2025-XXX, Approvi ng a Professional Services Agreement with Blackwater C onsulting Engineers for the 2025 Urban Water Management Plan U pdate and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to approve the professional services agreement with Blackwater Consulting Engineers for the Urban Water Management Plan U pdate, in the amount of $49,856.00, and authorize the City Manager to execute the agreement.

I. BACKGROUND:

The City of Ceres is required to update the Urban Water Management Plan (UWMP) every five (5) years to comply with the requirements of the Urban Water Management Planning Act, Water Code Section 10610 et seq. The 2025 UWMP includes requirements of new legislation, the Sustainable Groundwater Management Act (SGMA) of 2014, Assembly Bill 1739, Senate Bill 1168, and Senate Bill 1319. To update the City of Ceres’ current 2020 Urban Water Management Plan, as required by the Urban Water Management Planning Act, a qualified engineering firm is required.

The Act requires all urban water suppliers providing water for municipal purposes to more than 3,000 customers (or service connections) or supplying more than 3,000 acre-feet of water annually to adopt and submit an Urban Water Management Plan to the California Department of Water Resources (DWR) every fi ve years. The purpose of the UWMP is to ensure the efficient use of available wate r supplies as required by the Act. The Act states that the urban water suppliers should ma ke every effort to assure the appropriate level of reliability in its water service is sufficient to meet the needs of its various categories of customers during normal, dry and multiple dry years. The Act describes the Plan and how each urban water supplier should adopt and implement the Plan.

ITEM 5
II. REASONS FOR RECOMMENDATION:

In January 9, 2025, the City issued a Request for Proposal (RFP) for the preparation of the 2025 Urban Water Management Plan (UWMP) . After a thorough evaluation of proposals, Blackwater Consulting Engineer s, Inc. was determined to be the most responsive bidder, offering the most cost-effective solution for the City's needs.

Blackwater Consulting Engineers, bri ngs extensive experience and expertise in developing Urban Water Management Plans, hav ing successfully completed the City's 2020 UWMP. The firm has a comprehensive understanding of the requirements set forth by the Department of Water Resources (DWR) and is well-equipped to ensure timely and compliant completion of the 2025 UWMP. Their proven track record and familiarity with the City's water management needs make them the ideal choice for this critical project.

III. FISCAL IMPACTS:

The Urban Water Management Plan Update was included in the Capital Improvement Program for FY 2022-23. The Finance Depart ment will assign a new project string for tracking purposes, and the project will be funded through Water Enterprise Funds in the amount of $49,856.00, under account number 52795.800500 (New Project String). Funds will be transferred from account 52795.201100, to 52795.800500 (New Project String).

IV. EXISTING POLICY/RELATIONS HIP TO THE STRATEGIC PLAN:

The 2025 UWMP shall be in accordance with the first goal of the Strategic Plan to provide for the City’s primary infrastructure needs.

V. POLICY ALTERNATIVES:

Do not approve the professional services agreement with Blackwater Consulting Engineers for the 2025 UWMP update. This al ternative is not re commended if the City wishes to maintain conformance with the directives of the Urban Water Management Plan Act, Sustainable Groundwater Management Act (SGMA) of 2014, Assembly Bill 1739, Senate Bill 1168, and Senate Bill 1319. By not meeting the State’s deadline of submitting a 2025 UWMP by July 1, 2026, it puts the City at risk of potentially not receiving future State grants and loans.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with Engineering Department.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

ITEM 5
City Manager to execute the professional services agreement and Blackwater Consulting Engineers, may proceed in the 2025 Urban Water Management Plan Update.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

ITEM 5
ITEM 5

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
BLACKWATER CONSULTING ENGINEERS FOR THE 2025 URBAN

WATER MANAGEMENT PLAN UPDATE AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres is requir ed to update the Urban Water Management Plan (UWMP) every five (5) years and comply with the requirements of the Urban Water Management Planning Act; and

WHEREAS, the 2025 UWMP includes requirem ents of new legislation, the Sustainable Groundwater Management Act (SGMA) of 2014, Assembly Bill 1739, Senate Bill 1168, and Senate Bill 1319; and

WHEREAS , the purpose of the UWMP is to ensure the effi cient use of available water supplies as required by the Act and st ates that the urban water suppliers should make every effort to assure the appropriate level of reliability in its water service is sufficient to meet the needs of its customers; and

WHEREAS, the lowest responsive and responsible bid was received from Blackwater Consulting Engineers, in the amount of $49,856.00; and

WHEREAS, Blackwater Consulting Engineers, brings extensive experience and expertise in developing Urban Water Management Plans, having successfully completed the City's 2020 UWMP; and

WHEREAS, the Urban Water Management Plan Update was included in the Capital Improvement Program for FY 2022-23; and

WHEREAS, the Finance Department will assign a new project string for tracking purposes; and

WHEREAS, the project will be funded through Water Enterprise Funds in the amount of $49,856.00, under account number 52795.800500 (New Project String).

NOW, THEREFORE, BE IT RESOLVED that the City Coun cil of the City of Ceres does hereby approve a professional services agreement with Blackwater Consulting Engineers for the 2025 Ur ban Water Management Plan Update and authorizes the City Manager to execute the agreement.

ITEM 5

ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14th day of April 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 5

AGREEMENT
FOR

PROFESSIONAL CONSULTATION SERVICES
TH
IS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 3rd 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 BLACK WATER CONSULTING ENGINEERS, 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.

ATTACHMENT B
ITEM 5

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 5

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

7. TERM OF AGREEMENT
This Agreement shall be effective April 14, 2025 and will continue in effect until July 1, 2026 or when completed, 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 FORTY-NINE THOUSAND - EIGHT HUNDRED FIFTY- SIX DOLLARS ($49,856.00) unless the Parties mutually agree in writing otherwise.

ITEM 5

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 5

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 5

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 5

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: Black Water Consulting Engineers Address: 602 Lyell Drive
Modesto, CA 95356
Attention: Aja Verburg, P.E.

Phone: (209) 322-1820

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 for Professional Liability with the following limits and attached hereto as Exhibit B:
$2,000,000.00 each claim, $2,000,000.00 Aggregate
ITEM 5

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

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

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

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

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

ITEM 5

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

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

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

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

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

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its ITEM 5

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 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. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for ITEM 5

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.

28. 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.

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

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

31. 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 ITEM 5
ITEM 5

CITY OF CERES

REQUEST FOR PROPOSAL
2025
Urban Water
Management
Plan
MARCH 3, 2025
SUBMITTED BY:

Black Water Consulting Engineers
602 Lyell Drive, Modesto, CA 95356
209.322.1820 | www.blackwater-eng.com

EEXHIBIT A
ITEM 5
MODESTO | 602 Lyell Drive, Modesto, CA 95356 | 209.322.1820 | blackwater-eng.com March 3, 2025
Sam Royal, Director of Public Works
City of Ceres - Public Works Department
2220 Hackett Road,
Ceres, CA 95307
[email protected]

(VIA:EMAIL)
Subject: P
roposal Submission for the 2025 Urban Water Management Plan Dear Mr. Royal,
On behalf of Black Water Consulting Engineers Inc. (Black Water), I am pleased to submit our proposal for the 2025 Urban Water Management Plan (UWMP) for the City of Ceres (City). We appreciate the opportunity to contribute our expertise in urban water planning and regulatory compliance to support the City Water’s long-term goals.

With over a decade of experience, our firm has successfully completed multiple UWMPs for cities across California, including the City’s 2020 UWMP. We take a data-driven, strategic approach to ensuring compliance with the California Water Code and the upcoming DWR Guidebook, while integrating regional water supply planning and sustainability initiatives.

Our proposal highlights our ability to:
• Analyze water supply and demand using advanced methodologies. • Engage with key stakeholders for a coordinated approach. • Ensure compliance with DWR requirements and timely submission. • Deliver actionable insights for long-term resiliency planning.

Our team is committed to providing a thorough and efficient 2025 UWMP. We welcome the opportunity to discuss our proposal further. Please feel free to contact me at (209) 322-1820 or [email protected].

Thank you for your time and consideration. We look forward to working with the City on the UWMP again.

Sincerely,
Aja Verburg, P.E.

Vice President
ITEM 5
CITY OF CERES | 2025 URBAN WATER MANAGEMENT PLAN | 3

SCOPE OF SERVICES
Black Water understands the importance of a well-prepared Urban Water Management Plan document, which must be completed every five years. Black Water’s approach to the 2025 Urban Water Management Plan (2025 UWMP) focuses on precision, collaboration, and compliance. Preparation for the 2025 UWMP will follow the forthcoming California Department of Water Resources (DWR) Guidebook.

Black Water is committed to ensuring the UWMP not only fulfills all regulatory requirements but also serves as a reliable resource for long-term water supply planning. The 2025 UWMP will be developed in coordination with the City. Black Water will ensure the 2025 UWMP is submitted to the DWR through the WUEdata portal by July 1, 2026.

The following outlines the tasks to complete the 2025 UWMP.

TASK 1: Progress Meetings and Project Management
Black Water will actively participate in meetings and coordinate with stakeholders to ensure the project is completed on time. The following will be addressed:

Meetings
• Conduct one (1) kick-off meeting. Our team will discuss the roles and responsibilities of the City and Black Water team members, the process for preparing for the 2025 UWMP, project schedule, and data requirements.
• Includes three (3) additional meetings with the City. All meetings will be virtual via MS Teams.

Project Management and Administration
• Internal management of the project including staff scheduling, monthly project updates to City, budget oversight, project correspondence, document production, review of work, and other general overhead items.

TASK 2: Prepare 2025 UWMP
Black Water will review the 2025 Guidebook and prepare the 2025 UWMP to meet all requirements.

Additionally, Black Water will respond to any questions or comments from the DWR. The following will be addressed:

Collect and Review Data
•
Black W
ater will coordinate with the City staff to obtain and review existing data and previous reports to update the existing UWMP.
• Review the 2025 UWMP Guidebook when published.
• Black Water will coordinate with the Department of Water Resources (DWR) as needed.

ITEM 5
CITY OF CERES | 2025 URBAN WATER MANAGEMENT PLAN | 4 Prepare the 2025 UWMP
• P
repare the draft 2025 UWMP in accordance with the 2025 UWMP Guidebook. • P
repare the final 2025 UWMP, incorporating comments from City Council. • Submit t
o DWR.

Respond to Questions/Comments from DWR
• P
rovide support for responding to DWR’s questions and comments after submittal of the 2025 UWMP.

TASK 3: Public Hearing, Adoption, and Submission
Black Water will attend and participate in presentations at publicly scheduled meetings for the 2025 UWMP.
•
Respond t
o questions and comments by the City Council and/or the public. • Attendance at formal City Council meeting.

Deliverable(s): Final UWMP (Electronic PDF, GIS, database and other data management files, supporting documentation/methodology for analyses/calculations, and all other data/information used to develop the UWMP for City distribution and use.)
ITEM 5
CITY OF CERES | 2025 URBAN WATER MANAGEMENT PLAN | 5 D WR Guidebook Release Anticipat ed Early 2025
1 P
rogress Meetings and Project Management

Kick
off Meetings
August 4, 2025

P
rogress Meeting 1
No
vember 17, 2025

P
rogress Meeting 2
March 2, 2026

P
rogress Meeting 3
Ma
y 4, 2026

P
roject Management and Administration
August 4, 2025 – August 31, 2026
2 P
repare 2025 UWMP

Collect and Re
view Data
August 4, 2025 – Sept
ember 29, 2025

P
repare the Draft 2025 UWMP
Oct
ober 6, 2025 – January 26, 2026

Draft U
WMP City Review Period
January 26, 2026 – F
ebruary 23, 2026

P
repare the Final 2025 UWMP
F
ebruary 23, 2026 – April 13, 2026

Final U
WMP City Review Period
April 13, 2026 – Ma
y 11, 2026

Submit Final 2025 U
WMP
June 22, 2026

2025 U
WMP due
July 1, 2026

Respond t
o Questions/Comments from DWR
3 P
ublic Hearing, Adoption, and Submission Assistance

P
repare Presentation
Ma
y 11, 2026 – June 8, 2026

P
ublic Hearing and Adoption
June 8, 2026

TASK DESCRIPTION DATE

SCHEDULE
Black Water will prepare the 2025 UWMP to ensure timely submission to the State. The following shows the schedule for completing the proposed scope of work. Work will commence upon issuance of the Notice to Proceed and after the 2025 DWR Guidebook is released. The 2025 DWR Guidebook will be released one year before the due date of the UWMP. The guidebook is anticipated to be released in early 2025.

ITEM 5

COST ESTIMATE
CITY OF CERES | 2025 URBAN WATER MANAGEMENT PLAN | 6 Billing Rates $/hr 288 262 184 178 113
TASK Task Activity Principal
Project
Manager
Assistant
Engineer
Design/
Drafting
QAQC/
Admin.

BlackWater
Total Hours
BlackWater
Fee Total Fee
1 Progress Meetings and Project Management

1.1 Kick-Off and Progress Meetings (Virtual) 5 5 5 2 17 $3,896 $3,896

1.2 Project Management and Administration 4 8 4 16 $3,700 $3,700 Task 1 Total 9 13 5 0 6 33 $7,596 $7,596
2 Prepare 2025 UWMP

2.1 Review and Document Data 4 10 20 34 $7,452 $7,452

2.2 Prepare the 2025 UWMP 10 30 60 10 10 120 $24,690 $24,690

2.3 Respond to Questions/Comments from DWR 4 4 4 12 $2,936 $2,936 Task 2 Total 18 44 84 10 10 166 $35,078 $35,078
3 Public Hearing, Adoption, and Submission Assistance

3.1 Prepare presentation, Attend City Council Meeting 4 12 12 6 34 $7,182 $7,182 Task 3 Total 4 12 12 0 6 34 $7,182 $7,182
31 69 101 10 22 233 $49,856 $49,856 $49,856
Notes:

1. All scope items and associated fees are based on the best approximation we can make given the current level of information we have.

2. Black Water will discuss and/or negotiate with the Client any scope or fee item shown on this Proposal.

3. Subconsultant work is charged at cost plus 10 percent.

TOTAL FEE
TOTALS

CITY OF ATWATER
21-Feb-25
2025 URBAN WATER MANAGEMENT PLAN
Fee Proposal
Level of Effort
2/21/2025
ITEM 5

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: April 14, 2025
TO: Mayor and City Council
FROM: Douglas D. D unford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected], (209) 538-5751
SUBJECT:

Waiver of Second Reading and Adoption of 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 RECOMMENDED COUNCIL ACTION:

Staff recommends the City Coun cil adopt an Ordinan ce adding Chapter 43 Regional Housing Needs Assessment Overlay District (RHNAOD) to Title 18 of the Ceres Municipal Code.

I. BACKGROUND:

The City prepared a draft update to the Hous ing Element of the General Plan to affirmatively further fair housing and a ccommodate the 3,361-unit Regional Housing Needs Allocation (RHNA) for the 2023-2031 Housing Element 6th cycle. 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 thes e needs are addressed through policies and programs outlined within the Housing Element. Public review and input hav e been a critical component of this 6th Cycle Housing Element Update.

Policies and Programs

The Housing Element Update includes a se t of goals, policie s, and implementing programs intended to promote the preservation, rehabilitation, and production of housing throughout the City. Goals ar e long range, broad, and co mprehensive 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.

There is one program in t he Housing Element, Program 1.11, which needs to be implemented with the adoption of the Housing Element in order to satisfy the California Department of Housing and Community De velopment (HCD). Program 1.11 Non- Discretionary Approval Proce ss for 4th and 5th Reused Sites directs the City to allow development by-right pursuant to Governm ent Code Section 65583. 2(c) when 20% or more of the residential units built on those sites is reserved for affordable low- and very low-income households. By-right refers to a situation where a dev eloper can build a housing project on a designated site without needing to go through a discretionary review process, like a Conditional Use Permit, Planned Unit Development, or other discretionary review. In this instance, this overlay only allo ws this on those sites that were previously used in a RHNA cycle.

There are currently four reused sites in the 6th Cycle Housing Element, listed below.

Those sites all allow residential development and currently allow densities in the range of 12-30 dwelling units per acres. If a developer proposes 20% of those units be deed restricted affordable units, the approval pr ocess will be an administrative approval process with the Community Development Director. The goal of this overlay district is to encourage affordable housing development on those sites that are continuously noted in the City’s Housing Element documents as prime sites for dense and affordable residential development. The enactment of this policy ensures consistency with State Law.

Qualifying projects will continue to be required to comply with existing zoning regulations and objective design standards.

6th Cycle
Housing Element
Site Inventory
Number

APN Number

Zoning
Designation

General Plan Land
Use Designation

Allowable
Density under
Zoning District
19 053-052-036 PC-43 NC 12-25 DU/A
20 040-008-010 PC-47 HDR 20-30 DU/A
21 040-008-011 PC-47 HDR 20-30 DU/A
22 127-048-006 PC-47 HDR 20-30 DU/A
II. REASONS FOR RECOMMENDATION:

According to the HCD substantial conformance letter received by the City on February 3, 2025, Program 1.11 needs to be implemented with the adoption of the Housing Element.

As such, the current ordinance is being brought in concurrence with the Housing Element this evening.

III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

If this Ordinance is not recommended for adoption, 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 State Housing Elemen t Law. Further, state law provides for court- imposed penalties for persistent noncomplianc e, 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 c an multiply those penalties by a factor of size. Other potential ramifications could include the lo ss of local land use authority to a court- appointed agent. In addition to these legal rem edies available to the courts, under the Housing Accountability Act (Gov. Code Secti on 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 comm unity engagement and outreach strategy as required by the Government Code to info rm 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. Program 1.11 has been part of the Housing Element since the first draf t and the public has had the opportunity to comment on this policy since the beginning of the public review process.

VIII. ENVIRONMENTAL REVIEW:

The City prepared an Initial Stud y consistent with the Califo rnia Environmental Quality Act (CEQA), for the Draft 2023–2 031 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. This Ordinance is consistent with the Housing Element Initial Study.

IX. STEPS FOLLOWING APPROVAL:

The Ordinance, if approved, will then be sent to HCD with the approval resolution for the Housing Element. The completion of Program 1.11 will be documented as the first step in Ceres’ efforts to affirmatively further fair housing.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – City Council Draft Ordinance

ATTACHMENT A

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

WHEREAS, State Housing Element Law (Gover nment 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 a ccommodate the City of Cere s’ regional housing need allocation (RHNA) of 3,361 housing units, comp rised 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 El ement Law, the City of Ceres has prepared the 6th Cycle 2023-2031 Housing Element in comp liance with State Housing Element Law and has identifie d sites that can accommodat e housing units meeting the City’s RHNA; and
WHEREAS, on March 17, 2025 the Planning Commission conducted a duly and properly noticed public hearing regarding th e proposed Housing Element, reviewed the Housing Element and all per tinent maps, documents and ex hibits, 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 recommended approval of the Housing Element to the City Council; and
WHEREAS, on March 24, 2025, the City Co uncil adopted the City’s Sixth Cycle Housing Element 2023-2031 for the eight-year period in compliance with State law; and WHEREAS, the adopted Housing Element includes Section 2.4 Goals, Policies, and Programs that identifies goals, policies, and programs the City of Ceres is responsible for enabling the production of housing by r educing regulatory barriers, providing incentives, and supporting progr ams that create or preser ve housing, especially for vulnerable populations; and
WHEREAS, Program 1.11 Non-Discretiona ry Approval Process for 4 th and 5 th Reused Sites directs the City to allow dev elopments by-right pursuant to Government Code Section 65583.2(c) when 20% or more of the residential units are affordable to low- and very-low income households for sites ident ified on previous Housing Element sites inventories; and
WHEREAS, to comply with this Government Code Section, the City is establishing by Ordinance the Regional Housing Needs A ssessment Overlay District covering those 4th and 5 th cycle reused sited to allow development by-right when 20% or more of the residential units are affordable to lower income households; and WHEREAS, the Planning Commission, at a pr operly noticed public hearing on March 17, 2025 carefully consider ed all of the information pres ented to it, including the

ATTACHMENT A

staff report and information subm itted at the public hearing by interested persons, and adopted a resolution recommending that the City Council adopt an ordinance establishing the RHNAOD; and
WHEREAS, based on the approved Initial Study accepted by the City Council by Resolution on March 24, 2025, and incorporat ed by reference herein, there are no substantial changes proposed by the Project or under the circumstances in which the RHNAOD would be undertaken that would require major revisions to the Ceres Housing Element Initial Study. The proposed overla y does not require preparation of a new subsequent or supplemental EIR due to either 1) the involvement of new significant environmental effects; 2) a substantial increas e in the severity of previously identified significant effects, or 3) new information of substantial import ance. No mitigation measures or alternatives previously found not to be feasible would in fact be feasible.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES ORDAINS AS FOLLOWS:

SECTION 1. Chapter 43, Regional Housing Needs Assessment Overlay District, shall be added to Title 18, Zoning, of the Ceres Municipal Code as follows:

Chapter 43 Regional Housing Needs Assessment Overlay District

Sections:

18.43.010 Purpose.

18.43.020 Applicability.

18.43.030 By-Right Development

18.43.010 Purpose.

The Regional Housing Needs A ssessment Overlay District is intended to facilitate the development of affordable housing while promoting infill development on sites previously identified on housing inventories in the City’s Fourth and Fifth Housing Element Cycles.

Only those projects that have 20% of the to tal number of units deed restricted for low- and very-low income units are eligible for by-right development in this Overlay District.

18.43.020 Applicability.

The Regional Housing Needs A ssessment Overlay District is applicable to those sites identified in the table below. These sites are the reused sites in the 4 th and 5th Housing Element Cycles. These sites are al so identified in Appendix C of the 6 th Cycle Housing Element in the Site Inventory List

ATTACHMENT A

Table 18.43.020-1: Reused 4th and 5th Housing Element Cycle Sites 6th Cycle
Housing
Element Site
Inventory
Number

APN Number

Zoning
Designation

General Plan Land
Use Designation

Allowable
Density under
Zoning District
19 053-052-036 PC-43 NC 12-25 DU/A
20 040-008-010 PC-47 HDR 20-30 DU/A
21 040-008-011 PC-47 HDR 20-30 DU/A
22 127-048-006 PC-47 HDR 20-30 DU/A

18.43.030 By-Right Development
The City shall implement by-right development for the sites identified in Section 18.43.020 when a developer builds a project with at leas t 20% affordable units deed restricted for low- and very-low income units. Pursuant to Government Code Section 65583.2 (c), by- right development means the following are not required for development:

1. Conditional Use Permit;

2. Planned Unit Development Permit;

3. Design Review other than Object ive Development Design Standards; or

4. Other discretionary, review or approval that would constitute a “project” as defined in Section 2100 of the Public Resources Code (California Environmental Quality Act “CEQA”).

SECTION 2. Severability. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held inva lid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect t he validity of the rema ining portions thereof and shall continue to be in full force and effect.

SECTION 3. Effective Date and Publication. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least wit hin fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.

This Ordinance was introduced at a regular meeting of the City Council held on the 24th day of March 2025, and passed and adopted as Ordinance No. 2025-XXXX at a regular meeting of the City Council held on the 14th day of April 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTACHMENT A

___________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
Jame
s Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: April 14, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209)538-5717
SUBJECT: Resolution No. 2025-XXX, Approving a Construction Contract with West Painting for Repainting th e Blaker Water Reservoir Tanks and Authorizing the City Manager to Execute the Contract RECOMMENDED COUNCIL ACTION:

Staff recommends the City Counc il approve a construction contra ct with West Painting for

repainting the Blaker water reservoir tanks in the amount of $209,940.00 and authorize the City Manager to execute the contract.

I. BACKGROUND:

Water reservoir tanks are vital pieces of infrastructure which store and supply clean, fresh water for later distribution into the water s ystem. The water reservoir tanks located at 4029 Blaker Road (Blaker Water Reservoir Tanks) have a combined storage capacity of

3.8 million gallons of water. Tank 1, constructed in 1991, has a capacity of 1.5 million gallons, while Tank 2, built in 2006, has a capacity of 2.3 million gallons. There are also several below and above ground valve sections lo cated at the Blaker Pressure Station.

Over time, exposure to the elements causes significant damage, leading to leaks and structural issues. A high-quality paint coating acts as a barri er, shielding the tank from moisture and preventing rust formation. Tank painting is a practical investment with many benefits for safeguarding water assets. In 2020, it was determined that repainting at this site is essential for protecting against future corrosion and to ensure the long life and structural stability of the water tanks.

II. REASONS FOR RECOMMENDATION:

In 2021, an assessment determined that the Blaker water reservoir tanks required repainting to prevent deterioration. As a result, the project was added to the Capital Improvement Program (CIP) list for FY22-23. Staff solicited propos als from multiple contractors and received two (2) responses. After evaluation, West Painting was selected as the most responsible bidder, offeri ng a proposal of $209,940.00. Their extensive experience with municipal infr astructure projects, technica l expertise in protective coatings, and strong understandi ng of regulatory compliance made them the preferred choice for this project.

III. FISCAL IMPACTS:

This construction project was included in the Capital Improvement Program FY 2022-23.

A new project string will need to be created in Finance, and the project will be funded with Water Enterprise Funds in the amount of $209,940.00 from account 52795.800500 (New Project String). Funds will be tr ansferred from 52795.800500 (WTR2213) to 52795.800500 (New Project String).

IV. EXISTING POLICY / RELATION SHIP TO THE STRATEGIC PLAN:

This project supports the infrastructure se ction of the Strategic Plan: “Ensuring the community has adequate, well-maintained infrastructure that fosters a quality community and strong economy.”
V. POLICY ALTERNATIVES:

The alternative to repainting the tanks would be to further delay the project, risking tank deterioration and corrosion, potential struct ural failure, reduced water quality, and non- compliance with the State Water Resources Control Board.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Engineering Department.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the City Manager shall execute the contract.

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Bid Summary

3. Attachment C – Construction Contract

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A CONSTRUCTION CONTRACT WITH WEST PAINTING

FOR REPAINTING THE BLAKER WATER RESERVOIR TANKS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, water reservoir tanks are vital pieces of infrastructure which store and supply clean, fresh water for later distribution into the water system; and

WHEREAS, over time, exposure to the elements causes significant damage, leading to leaks and structural issues; and

WHEREAS , a high-quality paint coating acts as a barrier, shielding the tank from moisture and preventing rust formation; and

WHEREAS, in 2021, it was determined that repainting at this site is essential for protecting against future corrosion and to ensure the long life and structural stability of the water tanks; and

WHEREAS, staff requested proposals from various contractors and received two (2) responses; and

WHEREAS, West Painting not only has similar municipal infrastructure project experience, technical coating expertise, and regulatory awareness and understanding to ensure compliance, but they also submitted the most responsible bid in the amount of $209,940.00; and

WHEREAS, this construction project was included in the Capital Improvement Program FY 2022-23 and will be funded with Water Enterprise Funds from account 52795.800500 (New Project String).

APPROVE, THEREFORE, BE IT RESOLVED that the City Coun cil of the City of Ceres does hereby approve a construction cont ract with West Painting for repainting the Blaker Water Reservoir Tanks and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14th day of April 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ATTACHMENT B

City of Ceres

BID SUMMARY

JOB BID: Repainting Water Reservoir Tanks at Blaker
BID DATE: February 26, 2025

BIDS RECEIVED: March 26, 2025

COMPANY BID TOTAL

West Painting
6033 Leedom Rd
Hughson, CA 95326

$209,940.00

Mason Painting, Inc.

PO Box 1115
Orangevale, CA 95662

$244,425.00

AGREEMENT
FOR

CONSTRUCTION SERVICES
TH
IS AGREEMENT is made and entered into in the CITY of Ceres, State of Cal
ifornia, this 14th day of April 2025, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and WEST PAINTING, hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

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

ATTACHMENT C

7. TERM OF AGREEMENT
This Agreement shall be effective April 14, 2025 and will continue in effect until April 13, 2026, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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 TWO HUNDRED AND NINE THOUSAND NINE HUNDRED AND FORTY DOLLARS ($209,940.00) unless the Parties mutually agree in

ATTACHMENT C
writing otherwise.

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

The Contract Officer’s decision shall be final.

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

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

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or

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

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.

ATTACHMENT C
fulfilling the terms and obligations under this Agreement.

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: West Painting
Address: 6033 Leedom Rd.

Hughson, CA 95326
Attention: Mike West
Phone: ( 209) 602-2647

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

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

Termination by CITY for Change of CONTRACTOR'S Tax Status

ATTACHMENT C
If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

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

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not

ATTACHMENT C
limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

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.

ATTACHMENT C

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

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

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

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

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.

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.

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

ATTACHMENT C
March 25th
By By
Douglas D. Dunford, City Manager Signature
Typed name/title
APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

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

Fallon Martin, City Clerk

ATTACHMENT C
Michael West
77-0482579
4392982-7
/Owner

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).

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

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

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.

ATTACHMENT C

EXHIBIT A

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: April 14, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected], (209) 538-5751
SUBJECT:

Resolution No. 2025-XXX, Approving to Sponsor the Annual Ceres Street Faire and Authorizing Staff to Move Forward with the Expenditure

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a resolution approving an expenditure of $5,000 to sponsor the Ceres Street Faire.

I. BACKGROUND:

The Ceres Street Faire is an annual event implemented by the Ceres Street Faire Committee with support from t he Ceres Chamber of Commerce and the City of Ceres.

The City received a request for sponsorship from the Ceres Street Faire Committee in the amount of $5,000.

II.

REASONS FOR RECOMMENDATION:

The annual Ceres Street Faire is a tourist attraction and will bring thousands of people to Ceres. The history of the Street Faire has been structured to provide a venue for local non-profits and community groups to showcase their businesses and bring revenue to their programs.

III. FISCAL IMPACTS:

The $5,000 was budgeted in the fiscal year 2024/2025 budget This event is intended and planned to have a positive fiscal impact on the City. The funds will be appropriated from account 10055.026400.

ITEM 8
IV. EXISTING POLICY / RELATI ONSHIP TO STRATEGIC PLAN:

N/A

V. POLICY ALTERNATIVES:

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

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

Upon approval, the City Manager or designee will provide the sponsorship to the Ceres Street Faire Committee.

Approved by: ____________________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Invoice
ITEM 8

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING TO SPONSOR THE ANNUAL CERES STREET FAIRE AND

AUTHORIZING STAFF TO MOVE FORWARD WITH THE EXPENDITURE

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City of Ceres A nnual Budget is an action and financial plan of services to be provided to the citizens of Ceres; and

WHEREAS, the Ceres Street Faire is a to urism event that will boost the local economy by bringing tourists into the City to purchase f ood, gas, and lodging, thus generate additional sales tax; and

WHEREAS, the Ceres Street Faire sponsorship has been budgeted and funds to be used are directly related to Economic Development; and

WHEREAS, the expense to support this event in the amount of $5,000.00 is intended and planned to have a positive fiscal impact on the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve to sponsor the annual Cere s Street Faire and authorizes staff to move forward with the expenditure.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14
th day of April 2025, by the following vote:

AYES: C ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_______________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8

www.ceresstreetfaire.org
May 3rd and 4th, 2025
Invoice

Instructions: It is mandatory that we have your signature and all information below in order to process your application. PLEASE PRINT your information.

Sponsor – City of Ceres

Contact Name:

Address:

City: State: Zip Code:

Phone Number: Fax:

Mobile Phone: Email:

Sponsorship Level Commitment:  $5,000

Signature: Date:

THANK YOU FOR YOUR SPONSORSHIP!!!
Tax ID for your donation will be mailed to you

MAIL THIS FORM AND YOUR CHECK TO:

Ceres Street Faire
P.O. Box 1324
Ceres, CA 95307
(209) 409-2676

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
MEETING DATE: April 14, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Joseph Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT: Resolution No. 202 5-XXX, Accepting the Urban and Community Forestry Grant Program from the California Department of Foresty and Fire Protection
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council accepts the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection as it is a valuable opportunity to enhance our city’s landscape while utilizing external funding sources.

I. BACKGROUND:

The proposed grant was presented to the Council on May 28, 2024, for application approval. On April 10, 2025, the City received an award from the State of California Department of Forestry and Fire Protection for $1,084,600.00 to plant 1,300 trees. These initiatives include planting of native trees and shrubs, installation of sustainable irrigation systems, and creation of green spaces for community enjoyment. The project will offer relief from the sun’s harsh rays, particularly during the hot summer months, thereby fostering a more inviting and comfortable environment for children and families to gather, play and engage i n outdoor activities. Providing shade from trees not only promotes physical comfort b ut also encourages greater utilization of the park and public spaces, facilities social interaction and supports the overall health and wellbeing of our community members.

II. REASONS FOR RECOMMENDATION:

The benefits of this project are multifold. Not only will it contribute to the beautification of the city, but it will also improve air quality, habitat for wildlife, and promote a sense of community pride. Furthermore, investing in sustainable landscaping practices aligns with the City’s commitment to environmental stewardship and resilience.

ITEM 9
III. FISCAL IMPACTS:

There are potential maintenance costs associated with new landscaping features. While native plants and sustainable landscaping practices can often require less maintenance than traditional landscaping, there may still be ongoing expenses for upkeep and landscaping staff.

Overall, the fiscal impacts are favorable, with the potential for upfront saving s and long- term financial benefits for the City.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Livable Community: Ensure the City has plans and policies in place to attract and create desirable development, maintain, and improve neighborhoods and annex land to achieve a livable community and support a strong economy.

V. POLICY ALTERNATIVES:

The Council could decide to not accept the grant.

VI. INTERDEPARTMENTAL COORDINATION:

Interdepartmental coordination would be essential for the successful planning and implementation of the proposed City landscaping project. Given the multifaceted nature of the project, collaboration among various City departments is crucial to ensure efficiency and alignment with broader municipal goals. For example, Public Works staff would play a central role in overseeing the design and execution of the landscaping initiatives, leveraging their expertise in park management and horticulture. They would as sess the feasibility of prosed landscaping plans and coordinate any necessary infrastructure improvements, such as irrigation system installations or pathway enhancements.

Furthermore, collaboration with the Finance Department is essential to manage the allocation of gran t funds and track project expenditures to ensure accounting and compliance with funding requirements.

Other departments, such as Community Development, may also be involved to provide guidance on sustainability practices, environmental impact assessments, and zoning regulations.

By fostering interdepartmental coordination, the city can streamline decision making processes, optimize resource allocation and maximize the overall effectiveness for the landscaping project. This collaboration approach ensures that the project meets the diverse needs of the community while prompting synergy across different areas of municipal governance
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
ITEM 9
IX. STEPS FOLLOWING APPROVAL:

Upon approval from Council, staff will proceed with the award for the Urban and Community Forestry grant program.

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Contract
ITEM 9
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2025-XXX

ACCEPTING THE URBAN AND COMMUNITY FORESTRY GRANT PROGRAM

FROM THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE

PROTECTION

THE CITY COUNCIL
City of Ceres

WHEREAS, the governor of the State of California in cooperation with the State Legislature has appropriated General Funds for the state’s urban forestry programs; and

WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within in the State, setting up necessary procedures governing the application by the local agencies and non -profit organizations under the program, and

WHEREAS, said procedures established by the Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of application before submission of said application to the State; and

WHEREAS, the application will enter an agreement with the State of California to carry out an urban forestry project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby

1. Move forward with approved contract with the State Department of Forestry rewarding the City of Ceres with $1,084,600.00 to plant 1,300 trees within the City of Ceres.

2. Certifies the City of Ceres will expend grant funds prior to March 30, 2026.

3. Appoints DOUGLAS D. DUNFORD, or a designee, as agent of the CITY COUNCIL to conduct negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14th day of April 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
P.O. Box 944246
SACRAMENTO, CA 94244 -2460
(916) 653-7772
Website: www.f ire.ca.gov
April 10, 2025
Joseph Chave
z
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
8FG23418; City
of Ceres, “Branching Out: Enhancing Equity, Engagement, and Resilience in Ceres’ Urban Forest” This Agreement cannot be considered binding on either party until approved by appropriate authorized CAL FIRE designee. No services should be provided prior to approval, as the State is not obligated to make any payments on any Agreement prior to final approval. FAILURE TO RETURN ALL DOCUMENTS BY DATE BELOW MAY RESULT IN LOSS OF FUNDING.

Please con
tact Evan Jones at (916) 217-3623 if you have questions concerning services to be performed.

1. 2.

Full grant agreement including terms and conditions, project grant application form, budget, and other exhibits enclosed.

Please sign, scan,
and return the agreement to Matt Mercado at [email protected] no later than April 18, 2025.

Enclosed
for your record is one fully executed copy of the agreement referenced above . When billing for serv ices performed under this agreement, your invoice s must reference the agreement number above and be submitted to the contract manager.

Thank you,
Matt Mercad
o
Grants Analyst
Grants Management Unit
CC: Evan Jones, R
egional Urban Forester
Shayon Konjkav, Grants Manager
Walter Passmore, State Urban Forester
Rachel O’Leary, Partnership & Equity Supervisor
Enclosur
es
• Grant Agreement 8FG23418
• Complyi
ng with Civil Rights Requirements (FS-850)
• And Justice For All Poster (AD-475A)

ATTACHMENT B
ITEM 9
State of California
Department of Forestry and Fire Protection (CAL FIRE)
Resource Management

GRANT AGREEMENT

APPLICANT: City of Ceres
PROJECT TITLE: Branching Out: Enhancing Equity, Engagement, and Resilience in Ceres' Urban Forest
GRANT AGREEMENT: 8FG23418
PROJECT PERFORMANCE PERIOD is from date of latter signature by CAL FIRE Deputy Director or Grantee through March 31, 2028.

Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through the Department of Forestry & Fire Protection, agrees to fund the project up the total state grant amount indicated.

PROJECT DESCRIPTION:

The City of Ceres will plant 1,300 trees to systematically increase canopy coverage across the City. Funding will also allow Ceres to create and implement an Urban Forest Management Plan to institutionalize City policies and goals on canopy coverage while cementing best practices for irrigation, pest control, and other urban forestry- related matters so that the trees planted will reach their full lifespan of 50-80 years.

Total State Grant not to exceed $ 1,084,600.00 (or project costs, whichever is less). *The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement.

City of Ceres

STATE OF CALIFORNIA

DEPARTMENT OF FORESTRY

AND FIRE PROTECTION
Applicant
By

By
Signature of Authorized Representative
Print Name/
Title:

Title: Matthew Reischman
Deputy Director, Resource Management
Date Date

CERTIFICATION OF FUNDING

GRANT AGREEMENT NUMBER PO ID SUPPLIER ID
8FG23418 0000011691

FUND FUND NAME
General Fund 0001

PROJECT ID
354023DG2021272

ACTIVITY ID
SUBGNT

AMOUNT OF ESTIMATE FUNDING
$ 1,084,600.00

GL UNIT
3540

BUD REF
001
ADJ. INCREASING ENCUMBRANCE
$ 1,084,600.00
PROGRAM NUMBER ENY ADJ. DECREASING ENCUMBRANCE
9999000FED See Attached $ 0.00

ACCOUNT
5340580

ALT ACCOUNT
5340580000

UNENCUMBERED BALANCE
$ 840,565.00

REPORTING STRUCTURE
35409503

SERVICE LOCATION
96113

Acknowledged - I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

Certification of CAL FIRE Accounting Officer Date

ATTACHMENT B
ITEM 9
State of California
Department of Forestry Fire Protection

Page 1 ends

State Contract #: Project #: Purchase Order ID# Supplier ID# N/A 8FG23418 0000011691
$ 1,084,600.00
Fund
0001
Project ID Activity ID *GL Unit Bud Ref
354023DG2021272 SUBGNT 3540 001
Program Number ENY *Account Alt Acct
9999000FED 2024 5340580 5340580000
Rptg Structure Svc Loc
35409503 96113
-
244,035.00
-
$ 244,035.00
Fund
0001
Project ID Activity ID *GL Unit Bud Ref
354023DG2021272 SUBGNT 3540 001
Program Number ENY *Account Alt Acct
9999000FED 2025 5340580 5340580000
Rptg Structure Svc Loc
35409503 96113
-
420,282.50
-
$ 420,282.50
Fund
0001
Project ID Activity ID *GL Unit Bud Ref
354023DG2021272 SUBGNT 3540 001
Program Number ENY *Account Alt Acct
9999000FED 2026 5340580 5340580000
Rptg Structure Svc Loc
35409503 96113
-
420,282.50
-
$ 420,282.50
Prior Amount Encumbered for this Agreement:

Projected Expenditure INCREASE Encumbrance by:

Projected Expenditure DECREASE Encumbrance by:

Amount Encumbered by this Document:

Prior Amount Encumbered for this Agreement:

Projected Expenditure INCREASE Encumbrance by:

Projected Expenditure DECREASE Encumbrance by:

Amount Encumbered by this Document:

Prior Amount Encumbered for this Agreement:

Projected Expenditure INCREASE Encumbrance by:

Projected Expenditure DECREASE Encumbrance by:

Fund Name
General Fund
Agreement Funding Certification
Amount Encumbered by this Document:

Grantee Name
City of Ceres
Participant / Trustee
N/A
Fund Name
General Fund
Fund Name
General Fund
Grant Grand Total:

ATTACHMENT B
ITEM 9

TERMS AND CONDI

TIONS OF GRANT AGREEMENT
I. RECITALS

1. This Agreement, is entered into between the State of California, by and through the California Department of Forestry and Fire Protection (CAL FIRE), hereinafter referred to as “STATE” and, City of Ceres, hereinafter referred to as “GRANTEE”.

2. The STATE hereby grants to GRANTEE a sum (hereinafter referred to as “GRANT FUNDS”) not to exceed One Million Eighty-Four Thousand Six Hundred Dollars ($1,084,600.00).

3. In addition to the terms and conditions of this Agreement, the STATE and GRANTEE agree that the terms and conditions contained in the documents set forth below are hereby incorporated and made part of this agreement. a. Attachment A – Federal Financial Assistance Grant Agreement 23-DG- 11052021-272 between CAL FIRE and the USDA Forest Service (“FEDERAL AGREEMENT”)
b. Attachment B – Project Application

c. Attachment C – Project Budget

d. California Urban and Community Forestry Inflation Reduction Act 2024 Grant Guidelines

II. SPECIAL PROVISIONS

1. Recipients of GRANT FUNDS pursuant to Cooperative Forestry Assistance Act, P.L. 95-313 as amended, 16 U.S.C. 2105 and Public Law 117-169, Subtitle D, Section 23003(a) and the California Public Resources Code Section §4799.12 shall abide by the provisions in this Agreement. This includes the requirement that work shall not commence prior to the execution of this Agreement by both parties. Any work started prior to the execution of this Agreement will not be eligible for funding under the terms of this Agreement.

2. As precedent to the STATE’s obligation to provide funding, GRANTEE shall provide to the STATE for review and approval a detailed budget, specifications, and project description. Approval by the STATE of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope and quality of work, and shall not relieve GRANTEE of the obligation to

ATTACHMENT B
ITEM 9
carry
out any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity.

3. All informational products (e.g., data, studies, findings, management plans, manuals, photos, etc.) relating to California’s natural environment produced with the use of GRANT FUNDS shall be available for public use.

4. This is a subaward under the Inflation Reduction Act Urban and Community Forestry #23-DG-11052021-272 awarded to STATE by the United States Department of Agriculture (USDA) Forest Service on August 2, 2023 The Federal Assistance Listing for the award is 10.727, Inflation Reduction Act Urban & Community Forestry Program. This subaward is funded solely with Federal funds and is subject to the Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400. GRANTEE shall comply with the following requirements of the FEDERAL AGREEMENT.
a. C. SYSTEM FOR AWARD MANAGEMENT REGISTRATION

REQUIREMENT (SAM)
b. ATTACHMENT A: FOREST SERVICE AWARD PROVISIONS
i. D. SUBAWARDS
ii. I. USE OF FOREST SERVICE INSIGNIA
iii. J. FUNDING EQUIPMENT
iv. K. PUBLIC NOTICES
v. L. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS,
AUDIOVISUALS, AND ELECTRONIC MEDIA.
vi. M. COPYRIGHTING
vii. N. NONDISCRIMINATION STATEMENT – PRINTED,

ELECTRONIC, OR AUDIOVISUAL MATERIAL
viii. R. DEBARMENT AND SUSPENSION
ix. S. MEMBERS OF CONGRESS
x. T. TRAFFICKING IN PERSONS
xi. U. DRUG-FREE WORKPLACE
xii. V. PROHIBITION AGAINST USING FUNDS WITH ENTITITES

THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS.
xiii. W. ELIGIBLE WORKERS
xiv. X. FREEDOM OF INFORMATION ACT (FOIA)
xv. Y. TEXT MESSAGING WHILE DRIVING
xvi. Z. PROMOTING FREE SPEECH AND RELIGIOUS FREEDOM
xvii. AA. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
c. ATTACHMENT B: 2 CFR PART 170
d. ATTACHMENT C: WHISTLEBLOWER NOTICE

ATTACHMENT B
ITEM 9

III. GENERAL PROVISIONS

1. Definitions
a. The term “Agreement” means grant agreement number 8FG23418. b. The term “GRANT FUNDS” means the money provided by the STATE to the GRANTEE in this Agreement.
c. The term “GRANTEE” means an applicant who has a signed Agreement for the award for GRANT FUNDS.
d. The term “Other Sources of Funds” means all matching fund sources that are required or used to complete the Project beyond the GRANT FUNDS provided by this Agreement.
e. The term “STATE” means the State of California, Department of Forestry and Fire Protection (CAL FIRE).
f. The term “Project” means the development or other activity described in the “Project Application” as Attachment B.
g. The term “Project Budget Detail” as used herein defines the approved budget plan as Attachment C.
h. The term “Project Scope of Work” as used herein means the individual scope of work describing in detail the approved tasks.

2. Project Representatives
The project representatives during the term of the agreement will be:

STATE: CAL FIRE GRANTEE: City of Ceres
Section/Unit:

HQ Resource Management
Section/Unit: N/A
Attention:

Evan Jones
Attention:

Joseph Chavez
Mailing Address:

P.O. Box 944246
Sacramento, CA 94244-2460
Mailing Address:
2220 Magnolia Street
Ceres, CA 95307
Phone Number:
(916) 217-3623
Phone Number: (209) 538-5682
Secondary: (209) 538-5751
Email Address:

[email protected]
Email Address:
[email protected]

ATTACHMENT B
ITEM 9

Changes t
o the project representatives during the term of the agreement shall be made in writing. Notice shall be sent to the above representative for all notice provisions of this Agreement.

3. Project Execution
a. Subject to the availability of grant monies, the STATE hereby grants to the GRANTEE a sum of money (GRANT FUNDS) not to exceed the amount stated on Section I. RECITALS, Paragraph 2 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement.
b. GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the Project. Any amendment to the Project as set forth in the Application on file with the STATE must be submitted to the STATE for approval in writing. No amendment is allowed until written approval is given by the STATE.
c. GRANTEE shall complete the Project in accordance with the time of Project performance set forth in this Agreement, unless an amendment has been approved and signed by the STATE under the terms and conditions of this Agreement. Amendments must be requested in advance and will be considered in the event of circumstances beyond the control of the GRANTEE, but no less than 60 days from the Agreement expiration date. The STATE may waive the minimum timeframe for amendments at their discretion. Approval of amendment is at the STATE’s discretion.
d. GRANTEE certifies that the Project Scope of Work complies with all local, State, and federal laws and regulations.
e. GRANTEE shall comply with the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et. seq. Title 14, California Code of Regulations, Section 15000 et. seq.) and all other local, State, and federal environmental laws. A copy of the certified CEQA document must be provided to STATE before any GRANT FUNDS are made available for any Project activity that could directly impact the environment (e.g. cutting, piling or burning bush, masticating, dozer work, etc.). CEQA compliance shall be completed within one (1) year from start date of the Agreement. The start date is considered the latter date of signature by the Grantee Authorized Representative or CAL FIRE Deputy Director. GRANT FUNDS will be made available in advance of CEQA

ATTACHMENT B
ITEM 9
compli
ance for project activities that do not have the potential to cause a direct environmental impact (e.g. project planning, locating and marking property or project boundaries, contacting and signing up landowners, etc.).
f. GRANTEE shall permit periodic site visits by representative(s) of the STATE to ensure program compliance and that work is in accordance with the approved Project Scope of Work, including a final inspection upon Project completion.
g. GRANTEE, and the agents and employees of GRANTEE, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents, of the STATE. No person who, as an officer, employee, or agent of the STATE participated in the preparation or creation of or determination to award this Grant Agreement shall serve as an agent or employee of GRANTEE including but not limited to those acts prohibited by Government Code Sections 1090, and 87100.

4. Project Costs and Payment Documentation
a. Payment by the STATE shall be made after receipt of an acceptable invoice and approval by a duly authorized representative of the STATE.

GRANTEE shall submit an invoice for payment to the CAL FIRE Project Representative of the STATE. A final invoice shall be submitted no later than 30 days after completion, expiration, or termination of this Agreement.
b. For services satisfactorily rendered, and upon receipt and approval of invoices for payment, the STATE agrees to compensate GRANTEE for actual expenditures incurred in accordance with the rates and activities specified in the Attachments made a part of this Agreement. c. GRANTEE shall submit, in arrears, not more frequently than once a month and not less frequently than quarterly, an invoice to the STATE for costs paid by GRANTEE pursuant to this Agreement. In the event no expenses are incurred, GRANTEE shall identify that no costs have been incurred within the respective quarterly progress report in lieu of submitting a zero balance invoice. Each invoice shall contain the following information: the Agreement number, the dates or time period during which the invoiced costs were incurred, signature of an authorized representative of GRANTEE, expenditures for the current invoice and cumulative expenditures to date by major budget category (e.g., salaries, benefits, supplies, etc.), match funds when applicable, and appropriate supporting documentation consistent with 2 CFR Part 200.

ATTACHMENT B
ITEM 9
d. GRANT
FUNDS in this Agreement have a limited period in which they must be expended. All GRANTEE expenditures must occur prior to the end of the Project performance period of this Agreement. e. Except as otherwise provided herein, GRANTEE shall expend GRANT FUNDS in the manner described in the Budget approved by the STATE.

The dollar amount of an item in a budget category may be increased or decreased by up to ten percent (10%) of the budget item through reallocation of funds from other budget categories, without approval by the STATE; however, GRANTEE shall notify the STATE in writing when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any increase or decrease of an item of more than ten percent (10%) of the budget category must be approved in writing by the STATE before any such increase or decrease is made. A formal approved amendment is required to increase the total amount of GRANT FUNDS.
f. GRANTEE shall promptly submit any and all records or information at the time and in the form as the STATE may request.
g. GRANTEE shall submit each invoice for payment electronically to the CAL FIRE Project Representatives identified in Section III General Provisions, Item 2. Hard copy submissions will not be accepted.
h. The GRANTEE shall immediately reimburse or credit, as determined by the STATE, the STATE for any over payment of any invoice, including final invoice, when either party determines an overpayment was made.

5. Budget Contingency Clause
a. If STATE funding for any fiscal year is reduced or deleted for purposes of this Agreement, the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or if possible and desirable, offer an Agreement amendment to GRANTEE to reflect the reduced amount available for the Project.

6. Project Administration
a. GRANTEE must report to the STATE all sources of other funds for the Project. If this provision is deemed to be violated, the STATE will request an audit of GRANTEE and can delay the disbursement of funds until the matter is resolved.
b. GRANTEE shall promptly submit written Project reports quarterly no later than the end of the month following the calendar periods ending March 31, June 30, September 30 and December 31. STATE may request

ATTACHMENT B
ITEM 9
additio
nal progress reporting throughout the term of this Agreement to meet reporting requirements of the FEDERAL AGREEMENT.
c. GRANTEE shall submit a final accomplishment report, final invoice with associated supporting documentation, and copies of materials developed using GRANT FUNDS, including but not limited to plans, educational materials, etc. within 30 days of Project completion.
d. GRANTEE must report to the State all sources of other funds for the Project. GRANTEE shall not use GRANT FUNDS from this Agreement as match toward another Federal Award. The State may request an audit of any project that does not fully comply with this provision.

7. Financial Records
a. GRANTEE shall retain all records described in Section 7(c) below for three (3) years after final payment by the STATE. In the case an audit occurs, all such records shall be retained for one (1) year from the date the audit is completed or the three (3) years, whichever date is later. b. GRANTEE shall maintain satisfactory financial accounts, documents, and records for the Project and make them available to the STATE for review during reasonable times. This includes the right to inspect and make copies of any books, records, or reports of GRANTEE pertaining to this Agreement or matters related thereto.
c. GRANTEE shall keep such records as the STATE shall prescribe, including, but not limited to, records which fully disclose (a) the disposition of the proceeds of state funding assistance, (b) the total cost of the Project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the Project cost supplied by other sources, and (d) any other such records as will facilitate an effective audit. All records shall be made available to the STATE, other State of California agency, or other entity as determined by the State of California for auditing purposes at reasonable times.
d. GRANTEE shall use any generally accepted accounting system.

8. Project Termination
a. This Agreement may be terminated by the STATE or GRANTEE upon 30- days written notice to the other party.
b. If either party terminates the Agreement prior to the completion of the Project, GRANTEE shall take all reasonable measures to prevent further costs to the STATE under the Agreement and the STATE shall be

ATTACHMENT B
ITEM 9
responsi
ble for any reasonable and non-cancelable obligations incurred by GRANTEE in the performance of this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.
c. Failure by GRANTEE to comply with the terms of this Agreement may be cause for suspension of all obligations of the STATE hereunder at the discretion of the STATE.
d. Failure of GRANTEE to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of the STATE hereunder if in the judgment of the STATE such failure was due to no fault of GRANTEE.

At the discretion of the STATE, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
e. Final payment to GRANTEE may not be made until the STATE determines the Project conforms substantially to this Agreement.

9. Hold Harmless
a. GRANTEE shall defend, indemnify and hold the STATE, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of GRANTEE, its officers, agents, or employees. The duty of GRANTEE to indemnify and hold harmless includes the duty to defend as set forth in Civil Code Section 2778. This Agreement supersedes GRANTEE’s right as a public entity to indemnity (see Government Code Section 895.2) and contribution (see Government Code Section 895.6) as set forth in Government Code Section 895.4. b. GRANTEE waives any and all rights to any type of express or implied indemnity or right of contribution from the STATE, its officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement.
c. Nothing in this Agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this Agreement.

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10. To
rt Claims
FEDERAL:

The United States shall be liable, to the extent allowed by the Federal Tort Claims Act 28 United States Code 2671-2680, for claims of personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this Agreement.

STATE:

The State of California shall be liable, to the extent allowed by law and subject to California Government Code, Title 1, Division 3.6, providing for the filing of tort claims against the State of California, for personal injuries or property damage resulting from the negligent or wrongful act or omission of State of California employees while acting within the scope of his or her employment, arising out of this Agreement.

11. Nondiscrimination
This subaward is funded with Federal funds. The United States and the STATE prohibit discrimination in all Federal and STATE programs and activities, respectively, on the basis of race, color, national origin, age, disability, sex, marital status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. GRANTEE shall not discriminate against any person on any of these bases.

12. Civil Rights
GRANTEE agrees to comply with civil rights requirements as detailed in the Complying with Civil Rights Requirements brochure (FS-850) and the And Justice For All poster (AD-475A). The poster is to be placed at all public point of contact/reception areas.

13. Conflict of Interest
GRANTEE or anyone acting on behalf of GRANTEE shall not have any conflicting personal and/or financial interests in carrying out the duties of the Agreement.

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14. Inc
orporation
The grant guidelines and the Project Scope of Work, Project Budget Detail and any subsequent amendments or modifications to the Project Scope of Work and Project Budget Detail approved in writing by the STATE are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

15. Severability
If any provision of this Agreement or the Project Scope of Work thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

16. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

17. Assignment
This Agreement is not assignable by GRANTEE either in whole or in part.

18. Survival Clause
The obligations of the Parties under Section III General Provisions, Items 4 (i) Project Costs and Payment Documentation and Item 10 Hold Harmless of this Agreement shall survive the termination or expiration of the Agreement.

ATTACHMENT B
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ATTACHMENT A
Federal Financial Assistance Grant Agreement 23-DG-11052021- 272 between CAL FIRE and the USDA Forest Service

ATTACHMENT B
ITEM 9
Caring for the Land and Serving People Printed on Recycled Paper

FEDERAL FINANCIAL ASSISTANCE
AWARD OF DOMESTIC GRANT 23-DG-11052021-272
Between

FORESTRY AND FIRE PROTECTION, CALIFORNIA DEPARTMENT OF
And The

USDA, FOREST SERVICE
REGION 5
Project Title: Inflation Reduction Act Urban and Community Forestry Upon execution of this document, an award to Forestry and Fire Protection, California Department of, hereinafter referred to as “CAL FIRE,” in the amount of $43,200,000, is made under the authority of Cooperative Forestry Assistance Act, P.L. 95-313 as amended,16 USC 2105 and Public Law 117-169, Subtitle D, Section 23003(a). The Federal Assistance Listing (formerly Catalog of Federal Domestic Assistance - CFDA) number and name are 10.727 IRA Urban & Community Forestry. CAL FIRE accepts this award for the purpose described in the application narrative. Your application for Federal financial assistance, dated June 16, 2023, and the attached Forest Service provisions, ‘Forest Service Award Provisions,’ are incorporated into this letter and made a part of this award.

This authority requires a match of $43,200,000, which your organization has agreed to provide as shown in the attached application, financial plan and narrative.

As addressed in Provision E and F, the financial status and performance reports are due on a quarterly basis for the periods ending March 31, June 30, September 30 and December 31.

CAL FIRE will also submit a financial report for the quarter in which there was financial transaction.

The final performance report is to be submitted no later than 120 days from the expiration date of the grant. The first reports will be due October 30, 2023 for the period ending Septermber 30, 2023
Send the financial status reports to Beverly Smith at the address on page 2 of this award, and the performance reports to Miranda Hutten at the address on page 2 of this award.

This is an award of Federal financial assistance. Prime and sub-recipients to this award are subject to the OMB guidance in subparts A through F of 2 CFR Part 200 as adopted and supplemented by the USDA in 2 CFR Part 400. Adoption by USDA of the OMB guidance in 2 CFR 400 gives regulatory effect to the OMB guidance in 2 CFR 200 where full text may be found.

Electronic copies of the CFRs can be obtained at the following internet site: www.ecfr.gov. If you are unable to retrieve these regulations electronically, please contact your Grants and Agreements Office at 707-980-2967.

The following administrative provisions apply to this award:

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OMB 0596-0217
Expiration Date: 11/30/2017
Rev. (12-13)

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A. LEGAL AUTHORITY. CAL FIRE shall have the legal authority to enter into this award, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the non-Federal share of project costs, when applicable.

B. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this award.

Principal Cooperator Contacts:

Cooperator Program Contact Cooperator Administrative Contact Walter Passmore
State Urban Forester
P.O. Box 944246
Sacramento, CA 94244-2460
Telephone: 916-214-5420
Email: [email protected]
Parm Bains
Manager, Grants Management Unit
P.O. Box 944246
Sacramento, CA 94244-2460
Telephone: 916-894-9843
Email: [email protected]
Principal Forest Service Contacts:

Forest Service Program Manager
Contact
Forest Service Administrative Contact
Miranda Hutten
Urban and Community Forestry
Program Manager
State & Private Forestry
1323 Club Drive
Vallejo, CA 94592
Telephone: (707) 562-9025
Email: [email protected]
Beverly Smith
Grants Manager
State & Private Forestry
1323 Club Drive
Vallejo, CA 94592
Telephone: (707) 980-2967
Email: [email protected]
C. SYSTEM FOR AWARD MANAG

EMENT REGISTRATION REQUIREMENT
(SAM). CAL FIRE shall maintain current information in the System for Award Management (SAM) until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or award term(s). Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov.

D. ADVANCE AND REIMBURSABLE PAYMENTS – FINANCIAL ASSISTANCE.

Advance and reimbursable payments are approved under this award. Only costs for those project activities approved in (1) the initial award, or (2) modifications thereto, are allowable. Requests for payment must be submitted on Standard Form 270 (SF- 270), Request for Advance or Reimbursement, and must be submitted no more than monthly. In order to approve a Request for Advance Payment or Reimbursement, the Forest Service shall review such requests to ensure advances or payments for

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reimbursement are in compliance and otherwise consistent with OMB, USDA, and Forest Service regulations.

Advance payments must not exceed the minimum amount needed or no more than is needed for a 30-day period, whichever is less. If the Recipient receives an advance payment and subsequently requests an advance or reimbursement payment, then the request must clearly demonstrate that the previously advanced funds have been fully expended before the Forest Service can approve the request for payment. Any funds advanced, but not spent, upon expiration of this award must be returned to the Forest Service.

The Program Manager reserves the right to request additional information prior to approving a payment.

The invoic
e must be sent by one of three methods: Send a copy to:

EMAIL (preferred): [email protected]
FAX: 877-687-4894
POSTAL: Albuquerque Service Center
Payments – Grants & Agreements
101B Sun Ave NE
Albuquerque, NM 87109
E. INDIRECT CO
ST RATES. The approved indirect cost rate at the time of execution is

12.16% as shown in the NICRA provided by the Cooperator.

As new NICRAs are agreed to between CAL FIRE and their cognizant audit agency, the revised provisional or final rate(s) are automatically incorporated into this award, as appropriate, and must specify (1) the agreed upon rates, (2) the bases to which the rates apply, (3) the fiscal year for which the rates apply, and (4) the items treated as direct costs. The award obligation will not increase as a result of indirect cost rate increases.

Updates to NICRAs will not affect the total funds available for this award unless documented in a formally executed modification.

If the NICRA is for a provisional rate, CAL FIRE shall be reimbursed at the established provisional rate(s), subject to appropriate adjustment when the final rate(s) for the fiscal year are established.

F. PRIOR WRITTEN APPROVAL. CAL FIRE shall obtain prior written approval pursuant to conditions set forth in 2 CFR 200.407.

G. MODIFICATIONS. Modifications within the scope of this award must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 45 days prior

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to implementation of the requested change. The Forest Service is not obligated to fund any changes not properly approved in advance.

H. PERIOD OF PERFORMANCE. This agreement is executed as of the date of the Forest Service signatory official signature.

The end date, or expiration date is 06/30/2028. This instrument may be extended by a properly executed modification. See Modification Provision above.

I. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this award. In witness whereof the parties hereto have executed this award.

MATTHEW REISCHMAN, Deputy Director,
Resources Management, CAL FIRE
Date
SHERRY HAZELHURST, Director
USDA Forest Service, State & Private Forestry,
Region 5
Date
The authority and the format of this award have bee
n reviewed and approved for
signature.

JASON BUCKNER
USDA Forest Service Grants Management Specialist
Date

SHERRY

HAZELHURST
Digitally signed by SHERRY

HAZELHURST
Date: 2023.08.02 16:12:15 -07'00'

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ATTACHMENT A: FOREST SERVICE AWARD PROVISIONS
A. COLLABORATIVE ARRANGEMENTS. Where permitted by terms of the award and Federal law, CAL FIRE a may enter into collaborative arrangements with other organizations to jointly carry out activities with Forest Service funds available under this award.

B. FOREST SERVICE LIABILITY TO THE RECIPIENT. The United States shall not be liable to CAL FIRE for any costs, damages, claims, liabilities, and judgments that arise in connection with the performance of work under this award, including damage to any property owned by CAL FIRE or any third party.

C. NOTICES. Any notice given by the Forest Service or CAL FIRE will be sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e- mail or fax, as follows:

To the Forest Service Program Manager, at the address specified in the award.

To CAL FIRE, at the address shown in the award or such other address designated within the award.

Notices will be effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later.

D. SUBAWARDS. Prior approval is required to issue subawards under this grant. The intent to subaward must be identified in the approved budget and scope of work and approved in the initial award or through subsequent modifications. Approval of each individual subaward is not required, however the cooperator must document that each sub-recipient does NOT have active exclusions in the System for Award Management (sam.gov).

The Cooperator must also ensure that they have evaluated each subrecipient’s risk in accordance with 2 CFR 200.332 (b).

Any subrecipient under this award must be notified that they are subject to the OMB guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400. Any sub-award must follow the regulations found in 2 CFR 200.331 through .333.

All subawards $30,000 or more must be reported at fsrs.gov in compliance with 2 CFR 170. See Attachment B for full text.

E. FINANCIAL STATUS REPORTING. A Federal Financial Report, Standard Form SF- 425 (and Federal Financial Report Attachment, SF-425A, if required for reporting multiple awards), must be submitted quarterly. These reports are due 30 days after the reporting period ending March 31, June 30, September 30, and December 31. The final

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SF-425 (and SF-425A, if applicable) must be submitted either with the final payment request or no later than 120 days from the expiration date of the award. These forms may be found at https://www.grants.gov/web/grants/forms.html.

F. PROGRAM PERFORMANCE REPORTS. The recipient shall perform all actions identified and funded in application/modification narratives within the performance period identified in award.

In accordance with 2 CFR 200.301, reports must relate financial data to performance accomplishments of the federal award.

CAL FIRE shall submit quarterly performance reports. These reports are due 30 days after the reporting period ending March 31, June 30, September 30, and December 31.

The final performance report shall be submitted either with CAL FIRE’s final payment request, or separately, but not later than 120 days from the expiration date of the award.

Additional pertinent information:

Performance reports shall contain information on the following:
- A comparison of actual accomplishments to the goals established for the period.

Where the output of the project can be readily expressed in numbers, a computation of the cost per unit of output, if applicable,
- Reason(s) for delay if established goals were not met, - Changes planned,
- Budget status.

G. NOTIFICATION. CAL FIRE shall immediately notify the Forest Service of developments that have a significant impact on the activities supported under this award. Also, notification must be given in case of problems, delays or adverse conditions that materially impair the ability to meet the objectives of the award. This notification must include a statement of the action taken or contemplated, and any assistance needed to resolve the situation.

H. CHANGES IN KEY PERSONNEL. Any revision to key personnel identified in this award requires notification of the Forest Service Program Manager by email or letter.

I. USE OF FOREST SERVICE INSIGNIA. In order for CAL FIRE to use the Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted by the Forest Service’s Office of Communications (Washington Office). A written request will be submitted by Forest Service, Program Manager, to the Office of Communications Assistant Director, Visual Information and Publishing Services prior to use of the insignia. The Forest Service Program Manager will notify CAL FIRE when permission is granted.

J. FUNDING EQUIPMENT. Federal funding under this award is not available for reimbursement of CAL FIRE’s purchase of equipment. Equipment is defined as having

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a fair market value of $5,000 or more per unit and a useful life of over one year.

Supplies are those items that are not equipment.

K. PUBLIC NOTICES. It is Forest Service's policy to inform the public as fully as possible of its programs and activities. CAL FIRE is encouraged to give public notice of the receipt of this award and, from time to time, to announce progress and accomplishments.

CAL FIRE may call on Forest Service's Office of Communication for advice regarding public notices. CAL FIRE is requested to provide copies of notices or announcements to the Forest Service Program Manager and to Forest Service's Office Communications as far in advance of release as possible.

L. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS, AUDIOVISUALS, AND ELECTRONIC MEDIA. CAL FIRE shall acknowledge Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this award. Follow direction in USDA Supplemental 2 CFR 415.2.

M. COPYRIGHTING. CAL FIRE is/a re granted sole and exclusive right to copyright any publications developed as a result of this award. This includes the right to publish and vend throughout the world in any language and in all media and forms, in whole or in part, for the full term of copyright and all renewals thereof in accordance with this award.

No original text or graphics produced and submitted by the Forest Service shall be copyrighted. The Forest Service reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for federal government purposes.

This right shall be transferred to any sub-awards or subcontracts.

This provision includes:

The copyright in any work developed by CAL FIRE under this award.

Any right of copyright to which CAL FIRE purchase(s) ownership with any federal contributions.

N. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. CAL FIRE shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding.

In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.)

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Program information may be made available in languages other than English.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; o (2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: [email protected].

If the material is too small to permit the full Non-Discrimination Statement to be included, the material will, at a minimum, include the alternative statement:
“This institution is an equal opportunity provider.”

O. DISPUTES.

1. Any dispute under this award shall be decided by the Signatory Official. The Signatory Official shall furnish CAL FIRE a written copy of the decision.

2. Decisions of the Signatory Official shall be final unless, within 30 days of receipt of the decision of the Signatory Official, CAL FIRE appeal(s) the decision to the Forest Service's Director, State & Private Forestry (SPF). Any appeal made under this provision shall be in writing and addressed to the Director, SPF, USDA, Forest Service, Washington, DC 20024. A copy of the appeal shall be concurrently furnished to the Signatory Official.

3. In order to facilitate review on the record by the Director, SPF, CAL FIRE shall be given an opportunity to submit written evidence in support of its appeal. No hearing will be provided.

4. A decision under this provision by the Director, SPF is final.

5. The final decision by the Director, SPF doe s not preclude CAL FIRE from pursuing remedies available under the law.

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P. AWARD CLOSEOUT. CAL FIRE must submit, no later than 120 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award.

Any unobligated balance of cash advanced to CAL FIRE must be immediately refunded to the Forest Service, including any interest earned in accordance with 2 CFR 200.344(d).

If this award is closed without audit, the Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later.

Q. TERMINATION. This award may be terminated, in whole or part pursuant to 2 CFR 200.340.

R. DEBARMENT AND SUSPENSION. CAL FIRE shall immediately inform the Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should CAL FIRE or any of their principals receive a transmittal letter or other official federal notice of debarment or suspension, then they shall notify the Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. The Recipient shall adhere to 2 CFR Part 180 Subpart C in regards to review of sub-recipients or contracts for debarment and suspension.

All subrecipients and contractors must complete the form AD-1048, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions. Blank forms are available electronically. Completed forms must be kept on file with the primary recipient.

S. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this award, or benefits that may arise therefrom, either directly or indirectly.

T. TRAFFICKING IN PERSONS.

1. Provisions applicable to a Recipient that is a private entity. a. You as the Recipient, your employees, Subrecipients under this award, and Subrecipients’ employees may not:
(1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
(2) Procure a commercial sex act during the period of time that the award is in effect; or

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(3) Use forced labor in the performance of the award or subawards under the award.
b. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a Subrecipient that is a private entity:
(1) Is determined to have violated a prohibition in paragraph a.1 of this award term; or
(2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement),’’.

2. Provision applicable to a Recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity:
a. Is determined to have violated an app licable prohibition in paragraph a.1 of this award term; or
b. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either—
(1) Associated with performance under this award; or
(2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’’

3. Provisions applicable to any recipient.
a. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. b. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
(1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
(2) Is in addition to all other remedies for noncompliance that are available to us under this award.
c. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.

4. Definitions. For purposes of this award term:
a. ‘‘Employee’’ means either:
(1) An individual employed by you or a subrecipient who is engaged in the

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performance of the project or program under this award; or (2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. b. ‘‘Forced labor’’ means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. c. ‘‘Private entity’’:
(1) Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. (2) Includes:
i. A nonprofit organization, includ ing any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). ii. A for-profit organization.
d. ‘‘Severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ and ‘‘coercion’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

U. DRUG-FREE WORKPLACE.

1. CAL FIRE agree(s) that it will publish a drug-free workplace statement and provide a copy to each employee who will be engaged in the performance of any project/program that receives federal funding. The statement must a. Tell the employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace; b. Specify the actions CAL FIRE will take against employees for violating that prohibition; and
c. Let each employee know that, as a condition of employment under any award, the employee:

(1) Shall abide by the terms of the statement, and
(2) Shall notify CAL FIRE in writing if they are convicted for a violation of a criminal drug statute occurring in the workplace, and shall do so no more than 5 calendar days after the conviction.

2. CAL FIRE agree(s) that it will establish an ongoing drug-free awareness program to inform employees about
a. The dangers of drug abuse in the workplace;
b. The established policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation and employee assistance programs; and
d. The penalties that you may impose upon them for drug abuse violations occurring in the workplace.

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3. Without the Program Manager’s expressed written approval, the policy statement and program must be in place as soon as possible, no later than the 30 days after the effective date of this instrument, or the completion date of this award, whichever occurs first.

4. CAL FIRE agrees to immediately notify the Program Manager if an employee is convicted of a drug violation in the workplace. The notification must be in writing, identify the employee’s position title, the award number of each award on which the employee worked. The notification must be sent to the Program Manager within 10 calendar days after CAL FIRE learns of the conviction.

5. Within 30 calendar days of learning about an employee’s conviction, CAL FIRE must either
a. Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 USC 794), as amended, or
b. Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency.

V. PROHIBITION AGAINST USING FUNDS WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS.

1. The recipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

2. The recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (1) of this award provision are no longer in effect.

3. The prohibition in paragraph (1) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information.

4. If the Government determines that the recipient is not in compliance with this award provision, it;
a. Will prohibit the recipient’s use of funds under this award in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and b. May pursue other remedies available for the recipient’s material failure to comply with award terms and conditions.

W. ELIGIBLE WORKERS. CAL FIRE shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and

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Nationality Act (8 U.S.C. 1324(a)). CAL FIRE shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract or supplemental instruments awarded under this award.

X. FREEDOM OF INFORMATION ACT (FOIA). Public access to award or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 315(e).

Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2009 Farm Bill).

Y. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All Cooperators, their Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government.

Z. PROMOTING FREE SPEECH AND RELIGIOUS FREEDOM. As a recipient of USDA financial assistance, you will comply with the following:

1. Do not discriminate against applicants for sub-grants on the basis of their religious character.

2. 7 Code of Federal Regulations (CFR ) part 16.3(a), Rights of Religious Organizations.

3. Statutory and National policy requirements, including those prohibiting discrimination and those described in Executive Order 13798 promoting free speech and religious freedom, 2 CFR 200.300.

AA. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. The cooperator (including subrecipients) is responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232, Section 889 for additional information.

In accordance with 2 CFR 200.216, the grantee (including subrecipients) is prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to:
(1) procure or obtain, extend or renew a contract to procure or obtain; (2) enter into a contract (or extend or renew a contract) to procure; or (3) obtain the equipment, services or systems.

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BB. DAVIS BACON WAGES FOR CONSTRUCTION. Following the requirement in Section 41101 of the Bipartisan Infrastructure Law, P.L. 117-58, Davis-Bacon wage rates must be applied for all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under this Act. Laborers and mechanics shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ‘‘Davis-Bacon Act’’).

ATTACHMENT B: 2 CFR PART 170
Appendix A to Part 170—Award Term

I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.

1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).

2. Where and when to report.
i. The non-Federal entity or Federal age ncy must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting total compensation of recipient executives for non-Federal entities.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal

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Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if—
i. in the subrecipient’s preceding fi scal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward.

For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions.

If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five mo st highly compensated executives of any subrecipient.
e. Definitions. For purposes of this award term:

1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).

2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity;

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iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for-profit organization

3. Executive means officers, managing partners, or any other employees in management positions.

4. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward.

6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient’s or subrecipient’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)).

END OF ATTACHMENT B: 2 CFR PART 170

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ATTACHMENT C: WHISTLEBLOWER NOTICE
Whistleblowers perform an important service to USDA and the public when they come forward with what they reasonably believe to be evidence of wrongdoing. They should never be subject to reprisal for doing so. Federal law protects federal employees as well as personal services contractors and employees of Federal contractors, subcontractors, grantees, and subgrantees against reprisal for whistleblowing.

USDA bears the responsibility to ensure
that nothing in a non-disclosure agreement which a contractor, subcontractor, grantee, or subgrantee requires their employees to sign should be interpreted as limiting
their ability to provide information to the Office of Inspector General (OIG).

41 U.S.C. § 4712
requires the head of each executive agency to ensure that its contractors inform their workers in writing of the rights and remedies under the statute.

Accordingly, it is illegal for a personal services contractor or an employee of a Federal contractor, subcontractor, grantee, or subgrantee to be discharged, demoted, or otherwise discriminated against for making a protected whistleblower disclosure. In this context, these categories of individuals are whistleblowers who disclose information that the individual reasonably believes is evidence of one of the following:
• Gross mismanagement of a Federal contract or grant;
• A gross waste of Federal funds;
• An abuse of authority relating to a Federal contract or grant; • A substantial and specific danger to public health or safety; or • A violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.

To be protected under 41 U.S.C. § 4712, the disclosure must be made to one of the following:
• A Member of Congress, or a representative of a committee of Congress; • The OIG;
• The Government Accountability Office (GAO);
• A Federal employee responsible for contract or grant oversight or management at USDA;
• An otherwise authorized official at USDA or other law enforcement agency; • A court or grand jury; or
• A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.

Under 41 U.S.C. § 4712, personal services contractors as well as employees of contractors, subcontractors, grantees, or subgrantees may file a complaint with OIG, who will investigate the matter unless they determine that the complaint is frivolous, fails to allege a violation of the prohibition against whistleblower reprisal, or has been addressed in another proceeding.

OIG’s investigation is then presented to the head of the executive agency who evaluates the facts of the investigation and can order the contractor, subcontractor, grantee, or subgrantee

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to take remedial action, such as reinstatement or back pay.

Federal Acquisition Regulation (FAR) Subpart 3.903, Whistleblower Protections for Contractor Employees, Policy, prohibits government contractors from retaliating against a contract worker for making a protected disclosure related to the contract. FAR Subpart

3.909-1 prohibits the Government from using funds for a contract with an entity that requires its employees or subcontractors to sign internal confidentiality statements prohibiting or restricting disclosures of fraud, waste, or abuse to designated persons. This prohibition does not contravene agreements pertaining to classified information. The regulation also requires contracting officers to insert FAR clause 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights, in all solicitations and contracts that exceed the Simplified Acquisition Threshold as defined in FAR Subpart 3.908.

This clause requires notification to contractor employees that they are subject to the whistleblower rights and remedies referenced in 41 U.S.C. § 4712.

In order to make a complaint alleging any of the violations mentioned above, one should complete the OIG Hotline form located at: https://www.usda.gov/oig/hotline. For additional information, they may also visit the WPC’s webpage at: https://www.usda.gov/oig/wpc or they may directly contact the WPC at [email protected].

ATTACHMENT B
ITEM 9

ATTACHMENT B
Project Application

ATTACHMENT B
ITEM 9
Applications: Joseph Chavez
Please read through the
IRA Grant Guidelines
thoroughly before submitting the application. Applicants must answer all required questions which are identified with asterisks (*). Other questions are either optional or may not apply to all grant types. Grant applications are due May 30, 2024, by 5:00 PM PDT.

Note: Additional help text for some questions can be found under the text boxes.

Grant Type
Please select the grant type you are applying for.

Urban Forest Management Activities
Applicant Information
Profile
[email protected]
Primary Project Contact (First and Last Name)
Joseph Chavez
Organization
City of Ceres
Title
Recreation Manager
Email
[email protected]
Phone Number
(209) 538-5682
Secondary Project Contact
First and Last Name
Doug Dunford
Organization
City of Ceres
Title
City Manager
Email
[email protected]
Phone Number
(209) 538-5751
Organization Information
Organization Name
City of Ceres
Organization Legal Address
2220 Magnolia Street

ATTACHMENT B
ITEM 9
City
Ceres
State
California
Zip Code
95307
Organization Website
https://www.ci.ceres.ca.us/
Congressional District
CA-13
Please use
My Congressional District
link to determine your district.

Authorized Representative/Signatory
First and Last Name
Douglas Dunford
Title
City Manager
Email
[email protected]
Phone Number
(209) 538-5751
Business, Finance, or Accounting Representative
First and Last Name
Shannon Esenwein
Title
Finance Director
Email
[email protected]
Phone Number
(209) 538-5764
Did your agency receive a National Inflation Reduction Act grant award from the USDA Forest Service Urban and Community Forestry Program in 2023?
No
If yes, please include the award amount and a brief project description.

Project Eligibility
Please select which of the following describes your organization. Eligible applicants include cities, counties, qualifying districts, and federally recognized Tribal Nations. Districts include, but are not limited to, school, park, recreation, water, and local taxing districts.

Nonprofit organizations are not eligible for this grant type but may be partners in such projects.

City, County, or Qualifying District

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Upload IRS Determination Letter of 501(c)(3) status, if applicable

Upload proof that the project area, population, or community served through this project is identified as a priority population, disadvantaged and/or low-income per one of the tools listed on page 11 of the IRA Grant Guidelines Ceres - Priority Populations.pdf
Project Introduction
Project Title
Branching Out: Enhancing Equity, Engagement, and Resilience in Ceres' Urban Forest Brief Project Description
The City of Ceres requests $1,084,600 to plant 1,300 trees to systematically increase canopy coverage across the City. Funding will also allow Ceres to create and implement an Urban Forest Management Plan to institutionalize City policies and goals on canopy coverage while cementing best practices for irrigation, pest control, and other urban forestry-related matters so that the trees planted will reach their full lifespan of 50-80 years.

Ceres is 9.35 square miles with 48,397 residents: a majority Latino community (65%) with a poverty rate of 16% and median income of $64,153, almost $30,000 less than California’s median income ($91,551). Ceres’ canopy coverage ranges from 0-14%, with an average of 9% in the project’s targeted areas. With summer daytime temperatures commonly above 100°F and virtually no canopy cover, the urban heat island effect negatively impacts residents. This not only makes being outdoors uncomfortable - if not dangerous - it also drastically increases electricity consumption and costs for residents fortunate enough to have air conditioning. This results in a “double tax”- low-income residents are less likely to access the physical and mental benefits of canopy cover and clean air, and are forced to spend more on utilities or seek refuge in a cooling center during the summer months.
“Branching Out” will increase Ceres’ canopy cover, climate resilience, and community engagement and involvement, while decreasing the urban heat island effect and greenhouse gas emissions, with a focus on environment-related comorbidities such as asthma, cardiovascular incidents, and even obesity.

Total Grant Funding Requested (CAL FIRE Share)
$1,084,600.00
What is your primary source of technical advice?
The City of Ceres will partner with West Coast Arborist, a family-owned company providing professional tree maintenance and management services for over 330 municipalities and public agencies throughout California and Arizona. West Coast Arborist will spearhead the GIS Tree Inventory process, along with helping with tree planting to ensure that the 1,300 trees get properly and expeditiously planted.

Name: Tim Patterson
Title: Area Manager for Ceres
Phone: (209) 810-8023
Email: [email protected]
Partner Information
List the primary partners, including full name, organization, title, email, and phone number of key representatives supporting the project.

Briefly describe the project tasks/activities each partner will be involved with.

Partners will engage in tree planting and education campaigns. Where tree-planting is listed, the City will provide all tools and equipment needed for planting days and will pre-dig holes in preparation using equipment to limit civilian injuries and increase the number of trees planted. City staff will be on-site and engaged during each planting day hosted by external partners.

Ceres Chamber of Commerce
Brandy Meyer - President and CEO
209-988-6166
[email protected]
The Chamber of Commerce has committed to hosting at least two community planting days per year for the entirety of the grant period (6 days total). We anticipate 20 volunteers, at a minimum, with each volunteer planting at least one tree per planting day. These planting days will serve to

ATTACHMENT B
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1) help the City plant 1,300 trees during the grant period and 2) educate Ceres’ businesses and citizens on the importance of planning and taking care of public and private trees for the health and well-being of the City. During these planting days, Ceres personnel will pass out informational pamphlets on how each resident can properly take care of the trees on their property and answer questions. Chamber of Commerce representatives will be on hand to educate and encourage business owners and residents to plant climate-appropriate, shade-bearing, drought-tolerant trees and take personal care of trees on private property (commercial and residential) to further increase Ceres’ canopy cover. This will include information on the financial and health benefits to a healthy and robust tree canopy.

Ceres Unified School District
Denise Wickham - Superintendent
209-556-1501
[email protected]
CUSD has committed to hosting at least two community planting days per year (6 days total). Students, teachers, parents, and local residents will work together to plant trees in areas designated by the city, contributing to a greener and more sustainable environment. Additionally, this initiative will provide an opportunity to advance the goals of the Ceres Partnership for Healthy Families, for which the district is a partner. During these planting days, City or School personnel will pass out informational pamphlets on how each resident can properly take care of the trees on their property and answer questions. City staff will collaborate with School staff to ensure the information passed out meets a variety of different grade- levels and is tied into the environmental curriculum studied by the students, especially in middle and high school. We anticipate 20 volunteers, at a minimum, with each volunteer planting at least one tree per planting day.

Ceres Garden Club
Berni Hendrix - President
209-402-2351
[email protected]
The Garden Club has committed to hosting at least two community planting days per year. We anticipate 20 volunteers, at a minimum, with each volunteer planting at least one tree per planting day (6 days total). During these events City or Garden Club personnel will provide educational resources around gardening techniques and how to keep both public and private trees alive and healthy. The Garden Club will stress the importance of adequate canopy coverage on the health and well-being of residents. The Garden Club is an experienced planting day host and has a wide contact list of enthusiastic planting day supporters who are also interested in the community’s resources and development. Given the Garden’s Club expertise and interest, the City will work with Garden Club members and other community residents to review the City’s list of approved trees and vegetation to plant. While this list has been used by the City for decades, new climate science and the City’s commitment to biodiversity and climate-resilient species has convinced City officials that a full review is necessary with community and expert input. The City will reference tools such as SelecTree when creating the new list of approved planting species.

Legacy Health Endowment
Allie Jeffrey - Associate Director
209-250-2317
[email protected]
The Legacy Health Endowment, a local health-based nonprofit, has committed to spearheading a robust education campaign to engage and inform the community about the health benefits of an urban forest. The campaign will focus on educating residents on how to stay healthy and safe while working outdoors, collaborating with local businesses to encourage the adoption of healthy break practices, and organizing and facilitating community meetings to gather input and feedback from residents. Legacy is a trusted pillar of Ceres, especially among businesses and the low- income community, and will create educational materials that are appropriate for a wide variety of different grade levels to ensure that all residents are positively impacted and informed of the project.

Upload signed letters of commitment from all primary partner organizations.

Ceres - Letters of Commitment.pdf
Project Information

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Project Background
Need 1: Provide Shade, Diminishing the Heat Island Effect: The City’s canopy coverage ranges from 0-14%, with an average of 9% in the project’s targeted areas, based on the USDA’s Urban Tree Canopy guide. A 2023 USC analysis found that Stanislaus County had between 31-60 heat alerts last year and had a “High” vulnerability level. With summer daytime temperatures commonly above 100°F and virtually no canopy cover, the urban heat island effect negatively impacts the population. A high proportion of mobile home residents and migrant workers in Ceres lack access to air conditioning. Residents who can afford to own AC often cannot afford to run it, as utility prices in Ceres are 41% higher than the national average.

The heat island effect also increases electricity consumption and costs for residents fortunate enough to have air conditioning. This results in a “double tax”- low-income residents are less likely to access the physical and mental benefits of canopy cover and clean air, and are forced to spend more on utilities or seek refuge in a cooling center during the summer.

Need 2: Increase Sustainability of the Tree Canopy: In the past two years Ceres has lost over 20% of its nascent potential tree canopy to a massive die-off event of drought and pest infestation. The tree species selected and the lack of community infrastructure to sustain the trees through a foreseeable climate event contributed to the die-off. The City concluded that, in addition to replacing the lost trees, the City and community must re- think its approach to tree selection and tree maintenance at the public and private level to be sustainable in the future while maximizing the canopy impact.

Need 3: Improve Air Quality: The Ceres population is more vulnerable to the health impacts of heat and low-air quality that co-occur when a tree canopy is absent: 19.1% of Stanislaus County children suffer from asthma, higher than both the state average of 14.5% and national average of

6.5%- and is significantly higher than Stanislaus’ rates for senior citizens. As our air continues to worsen, our children suffer the most.

Targeted Communities: Ceres is 9.35 sq miles and 48,397 population: a majority Latino community (65%) with a poverty rate of 16% and median income of $64,153, almost $30,000 less than California’s annual median income ($91,551). Project neighborhoods were selected to focus on our most marginalized and disadvantaged communities and specific areas that can support large canopy trees. New plantings will increase canopy coverage along targeted residential and commercial corridors, and for residential homes that surround targeted parks. The Richland Avenue corridor (a residential and commercial street) and Independence Park areas have 9% canopy cover, 81% LMI population, and is in the 95th percentile for poverty, 79th for cardiovascular disease incidence, and 93rd for PM 2.5 pollution. Redwood park area is 57.51% Low to Moderate Income (LMI) population, and 85.3% CalEnviroScreen 4.0 Percentile, and 8% canopy cover.

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Project Goals
Goal 1: Increase the urban tree canopy in Ceres, with a focus on improvements in disadvantaged communities. “Branching Out” is a full-scale approach to increasing shade canopy across the City. It will address the need for increasing the tree canopy and improving air quality by planting 1,300 trees, which will increase the shade canopy by 52,000 square feet, with a minimum of 20% of new trees planted to provide shade over residential and commercial properties. Specific sites were selected to balance supporting large canopy trees, to maximize the potential shade impact, and residential and commercial structures that can benefit from increased shade while minimizing any negative property impact (such as obstructed light, or leaf litter). 40% of the resident population in the City to be impacted by increased canopy coverage in their neighborhoods, due to the focus of planting efforts on the City’s main residential and commercial corridorsDisadvantaged populations, like those in mobile homes, will be a priority for the City. For example, Right-of-Ways near “Westward-Ho Mobile Home Park” on Mitchell Road will have trees planted within 12 months of the grant award. Increasing the number of trees in Ceres will also improve the air quality, a first step toward environmental justice for our community.

Goal 2: Broaden community engagement in local urban forest planning, tree planting, and management activities. “Branching Out” aims to increase involvement in and awareness of the Ceres tree canopy by residents, business owners, property owners, and developers. It will do this through specialty outreach and engagement campaigns created in partnership with organizations like the Chamber of Commerce, Ceres Unified School District, Ceres Garden Club, and Legacy Health Endowment. Through these campaigns we will start to change the way residents and businesses value and approach tree planting, tree maintenance, landscaping, and the tree canopy, cultivating shared community appreciation and ownership of this joint resource. This is exemplified by joint community planting days, making resources available for private tree maintenance (like tree donuts or stakes), and a community-led effort to update the list of preferred city trees to take into account canopy benefit, climate tolerance, and allergens. This addresses the need for increased sustainability of the tree canopy, as it increases the likelihood of long-term tree survival, including that private property owners will choose to plant trees independently to increase (and/or sustain) the tree canopy.

Goal 3: Improve community and urban forest resilience to climate change, extreme heat, forest pests and diseases, and storm events through best management and maintenance practices.

A key activity is the creation of an UFMP, to include best practices on types of trees planted (focus on climate resiliency), pest control (prioritize keeping City trees alive and healthy), and drought and flood prevention and resiliency tactics. The City will look toward experts, including the International Society of Arboriculture, established best practices, such as the American National Standards Institute (ANSI) A300 Tree Care standards, and local companies, such as West Coast Arborist to create and implement best practices in Ceres.

Project Objectives

1. Increase tree and shade coverage in residential and commercial areas by an anticipated 175,000 sq feet of canopy coverage. - Completion of a tree inventory within year one of the grant to understand where canopy coverage is lacking, where there are sick or dead trees to treat or remove, and where pests are currently not handled (e.g. aphids). - Redesign of the Tree List that Ceres uses to determine which trees get planted within the City. The redesign will prioritize native trees, large canopies, Low/Very Low water usage, and drought/flood tolerance. Community will participate through engagement sessions to provide feedback or comment to ensure there is community buy-on for the types of trees to be planted - increasing the likelihood that trees in residential neighborhoods are supported.
- Planting of at least 325 trees in Right-of-Ways focused on Disadvantaged Communities within Ceres, such as surrounding mobile homes, senior housing, and low-income housing.

2. Increase tree and shade coverage in six Ceres parks by at least 400,000 sq feet of canopy coverage. - Completion of the tree inventory, with a specific focus on pest damage especially from beavers and aphids. The City will continue to work with USDA to tackle pest removal and remediation.
- Redesign of the Tree List that Ceres uses to determine which trees get planted within the City. There will be a focus on increasing the biodiversity in our parks to ensure that our native species and migratory birds can survive and thrive in their ecosystems. - Planting of at least 900 trees in our parks, with an emphasis of increasing shade coverage in Disadvantaged Communities. This will be done by: 1) Planting trees in parks that will have a dual purpose of shading both parks and residential neighborhoods (e.g. planting trees at Neel Park will shade residential sidewalks and school pathways for students as well); 2) Increasing canopy coverage in parks located in low-income and/or communities of color.

3. Increase the overall canopy coverage in Ceres by at least 750,000 sq feet of canopy coverage. - Plant 1,300 new trees around Ceres.
- Implement a UFMP, which establishes best practices, such as pest control, water irrigation, tree selections, and soil amendments.

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- Comprehensive community education campaign to 1) protect trees planted on Right-of-Ways and near residential communities and 2) encourage private residents and businesses to plant trees on private property, further increasing canopy coverage.

4. Capture at least 2,000 metric tons of carbon stored in trees planted during project period. - Plant 1,300 new trees around Ceres.

5. Increase community awareness of the benefits of an urban tree canopy and how to maintain private trees. - Ceres and External Partners will host at least 6 Planting Days per year which will also serve as educational campaigns. Each campaign will focus on a targeted population (businesses, youth, health, environmental enthusiasts) to provide information that is most impactful and relevant to the planters. Resources and instructional pamphlets on how to maintain business and residential trees will be provided, along with one-on-one conversations with the volunteers.
- Community engagement sessions to discuss the Urban Forestry Management Plan, revised Tree List - Ceres staff will attend at least one recurring meeting for the Chamber of Commerce and Garden Club to solicit feedback from members.

6. Create and implement an Urban Forest Management Plan. - Execute a contract with West Coast Arborist to complete a tree inventory and UFMP. - Schedule community engagement sessions for feedback and input. - Pass City Council.
- Implement best practices established in Plan.

7. Decrease the mortality rate of trees planted.
- Completion of a tree inventory to understand where sick and dying trees are located. - Expert analysis on the cause of tree mortality by West Coast Arborist and Ceres’ staff arborist, Kenneth Vaughn. - Plant flood-tolerant trees in the water retention basins. - Plant Low/Very Low water trees in parks and residential/business areas to decrease the effect of droughts. - Establish best practices in the UFMP around pest control and implement. - Continue to work with USDA and other resources to decrease the impact of pests. - Add soil amendments where necessary.
- Install water irrigation systems where necessary.

8. Increase tree species diversity ratio in alignment with the region’s best practices. - Solicit feedback and recommendations from regional experts in the Central Valley. - Revise and implement new City Tree List.

Project Scope of Work
Goal 1:
--- Tree Inventory Initiated
- Led by: West Coast Arborist (WCA)
- Within: 90 days
--- Solidify project locations based on tree inventory. - Led by: Kenneth Vaughn
- Within: 9 months
--- Initial Planting Plan for the entire project period established - Led by: Kenneth Vaughn, Joseph Chavez
- Within 10 month
--- Execute contract with local nursery for 1,300 trees to be delivered over 3 years. - Led by: Kenneth Vaughn
- Within 11 months
--- Signed order for additional materials (soil, irrigation if/as necessary, tools) - Led by: Kenneth Vaughn
- Within 60 days
--- Bi-annual evaluation of Planting Plan and review of goals and objectives. - Led by: WCA, Joseph Chavez
- Every 6 months
--- Plant 1,300 trees during the grant period, for an average of 430 per year. - Led by: Kenneth Vaughn, External Partners
- End of Project Period

ATTACHMENT B
ITEM 9
A tree inventory will provide Ceres with a base number of trees that the City has, their health, and location to understand where trees are lacking.

This is crucial to increasing equitable access to canopy coverage and spreading the health, economic, and environmental benefits of urban forests.

The creation of a comprehensive strategic Planting Plan will allow Ceres to plan for the equitable and deliberate distribution of canopy coverage over the entire grant period, with bi-annual reevaluations leaving room for revisions based on community input, the UFMP, and conditions in Ceres.

Ceres will purchase the trees and supplies from a local nursery to support our small businesses and ensure high-quality goods and services.

Kenneth Vaughn, a certified arborist and Parks Supervisor, will spearhead Goal 1 due to his acute knowledge of the Ceres landscape and experience with the community.

Goal 2:
--- Confirm partner participation
- Led by: Joseph Chavez
- Within 30 days
--- Establish the partner-led community planting days calendar for the grant period - Led by: Joseph Chavez
- Within 90 days
--- Creation of a Tree Planning Committee to review the City-approved list of trees eligible for planting in Ceres. Committee to include at least 3 local community members.
- Led by: Joseph Chavez
- Within 10 months
--- Community meetings in neighborhoods impacted by grant to discuss the tree options available to be planted on the Right-of-Ways. - Led by: Joseph Chavez, External Partners
- Within 120 days
--- Participate in 6 community planting days per year
- Led by: Kenneth Vaughn, External Partners
- First community planting day within 120 days
--- Bi-annual evaluation of partner-led community planting days - Led by: Joseph Chavez, External Partners
- Every 6 months
--- Bring revised Tree list to City Council for approval. - Led by: Joseph Chavez
- Within 11 months.

Joseph Chavez will spearhead community outreach and partner management given his experience and deep community relationships. Immediately after award notification, Joseph will reach out to committed partners to begin strategizing the Planting Days and community outreach events, and will make overtures to additional partners to increase the project’s impact. A grant-long Planting Calendar will be created, with modifications made throughout the project period. The community, as well as experts, will be consulted as the Tree List is revised and approved by Council to ensure that the trees being planted in Ceres are acceptable to residents while fitting the criteria needing for climate resiliency. Community engagement sessions will be planned in neighborhoods that have trees planted in them to educate residents on the importance of taking care of the trees and to solicit input on the species of tree being planted.

Goal 3:
--- Execute WCA Contract for Creation of Urban Forest Management Plan - Led by: Joseph Chavez
- Within 60 days
--- Ascertain the number of trees dying of pest-related illnesses and/or drought or flood related causes. - Led by: Kenneth Vaughn
- End of project period
--- Creation of UFMP
- Led by: WCA, Kenneth Vaughn
- Within 12 months
--- City Council to pass the UFMP
- Led by: Kenneth Vaughn, Joseph Chavez
- Within 14 months
--- Council to pass tree Ordinance
- Led by: Joseph Chavez

ATTACHMENT B
ITEM 9
- Within 16 months
--- Implementation of best practices and goals of UFMP
- Led by: Kenneth Vaughn
- Within 16 months
Ceres staff will reach out to WCA to finalize the contract and program scope within 1 week of award notification. WCA is an integral partner and will spearhead the tree inventory and creation of the UFMP, due to their knowledge and experience in Ceres.

Project Deliverables
Goal 1
- Add 975 additional climate-resilient trees to the following Ceres parks: Upper and Lower River Bluff Park, Sam Ryno Park, Redwood Park, Independence Park, River View Park, and Community Center Park. - Replace 325 dead and/or dying trees with climate-resilient trees on the following streets: East Hatch Road, Richland Avenue, Eastgate Boulevard, Boothe Road, Whitmore Avenue, Mitchell Road, and Brown Avenue. - Increase greenhouse gasses captured by 2,000 metric tons by the end of the grant period.

Goal 2
- Host community six planting days with partner leadership over the grant period, incorporating educational components on tree care, pest management, soil health, water irrigation, urban canopy benefits, and climate-safe strategies.

Goal 3
- Install 300 permanent water irrigation systems throughout the City. - Create an Urban Forest Management Plan in partnership with West Coast Arborist within 12 months of grant award. - City Council to pass the Urban Forest Management within 24 months of grant award. - Establish a tree ordinance based on UFMP and tree inventory findings, and community feedback. - 75% of trees planted at the bottom of water retention basins will be flood-resistant. - 80% of all trees planted will be drought-resistant.
- Implement best practices in: “forest pests and diseases”, “soil”, and “water irrigation in the Urban Forest Management Plan. - 15% decrease in newly-planted trees dying of pest-related illnesses by the end of the project period.

ATTACHMENT B
ITEM 9
Project Education, Outreach and Community Engagement Plan “Branching Out” benefits underserved communities in Ceres who are majority Latinx in low income neighborhoods. It includes partnerships to foster community engagement and collaboration during the lifecycle of the project and to facilitate continuous engagement in the environmental health of the City. Our four identified and confirmed partnerships are each designed to collaborate with different segments of our city and population:

Businesses: Ceres and Partners will host business-centric community engagement and education sessions to provide businesses with an opportunity to issue feedback on the UFMP and tree list and educate businesses through informational pamphlets and discussions. Chamber of Commerce Planting Days will focus on the economic benefits of canopy cover and on attracting customers Students/Youth: Ceres and CUSD staff, along with the Legacy Health Endowment, will collaborate on grade-specific information to disseminate to students and their families to connect real-life experiences with school science courses. This will authentically engage our students, teachers, and parents in the planting and decision-making process, while creating more tree-conscious generations.

Environmental enthusiasts: The City and Garden Club will partner to host community engagement sessions and Planting Days dedicated to improving the environment. This will include a focus on Arbor Day, feedback solicitation on the UFMP and tree list, and creating educational materials expounding the importance of taking care of public and private trees and resources for residents.

Healthcare: The Legacy Health Endowment has deep connections with the populations most impacted by the urban heat island effect and limited canopy coverage - seniors, migrant farm workers, and low-income individuals. They will facilitate community meetings with these groups and others to ensure that our most marginalized communities are the most impacted.

Additional opportunities for Planting Days will include instructions on how to care for, plant, and/or replace trees on private land to urge residents to protect trees in Ceres. Ceres Recreational Director Joseph Chavez will spearhead partner and community engagement, which will include creating a master plan on Planting Days and community meetings to be evaluated every six months and changed as necessary. City Council and the Mayor will be updated on project progress quarterly, ensuring that community feedback is properly assessed and incorporated.

The City will engage with additional stakeholders, such as Homeowners Associations and churches, to spread information, tools, and resources to protect and grow Ceres’ canopy and partner on Planting Days and education outreach. The City has already started engagement to facilitate the survey of named community neighborhoods with dead and/or dying trees. This survey will occur within the first three months of award.

City Council, the Mayor, and/or other City staff will be on hand during each Planting Day to personally encourage residents to support tree planting in both public and private spaces, and to receive feedback on the types of trees planted, targeted locations, and any impact on residents. As necessary, this feedback will be incorporated during the bi-annual evaluation of the Planting Plan to ensure substantial community involvement

ATTACHMENT B
ITEM 9
Project Timeline
Month 1: Confirm partner participation.

Month 2: Execute contract with West Coast Arboretum Contract for Creation of Urban Forest Management Plan (UFMP)
Month 3: Initiate tree inventory
Month 3: Establish calendar for partner-led community planting days for Year 1.

Month 3: Create Tree Planning Commission,
Month 9: Solidify project locations based on tree inventory.

Month 11: Execute contract with local nursery for 1,300 trees spread over the project period.

Month 11: Create purchasing timeline for trees and additional materials (soil, tools, irrigation).

Month 11: Present Tree Planning Commission's revised Tree list to City Council.

Month 12: Ascertain the number of trees dying of pest-related illnesses or other weather-related issues (drought, flood).

Month 12: Reevaluation of Planting Plan and review of goals and objectives.

Month 12: 35 trees planted.

Month 12: Drafted UFMP complete.

Month 13: Establish calendar for partner-led community planting days for Year 2.

Month 14: City Council passes the UFMP.

Month 16: Begin implementation of UFMP’s best practices and goals.

Month 18: Reevaluation of Planting Plan and review of goals and objectives.

Month 18: Council to pass a tree ordinance.

Month 24: Reevaluation of Planting Plan and review of goals and objectives.

Month 24: Done planting 650 trees.

Month 25: Establish calendar for partner-led community planting days for Year 3.

Month 30: Final evaluation goals and objectives.

Month 36: 1,300 trees planted.

Project Co-Benefits
Improved Air Quality, Improved Public Health, Reduced Urban Heat Island Effects, Improved Urban Forest Management, Community Engagement with Planting and/or Maintenance, Climate Change Adaptation, Outdoor classrooms and learning opportunities, Educational tools/media products

ATTACHMENT B
ITEM 9
Describe and/or quantify any co-benefits and describe how they will be achieved. “Branching Out” will allow Ceres to increase its climate resiliency by planting drought-resistant and native trees which will drastically increase the canopy coverage and decrease the urban heat island effect. Studies have found that the impacts of climate change are more pronounced in rural disadvantaged communities of the San Joaquin Valley compared to the rest of California. Heat stroke, valley fever, and conditions related to poor air and water quality are common illnesses and health hazards due to the Valley’s extremely degraded ecosystems.

The tree inventory and Urban Forestry Management Plan (UFMP) will provide crucial information on areas that lack pest control, water irrigation, or poor soil that are leading to the disease or death of trees. This knowledge will allow Ceres to modify its land, park, and resource management systems to gradually transform its urban forest into a more climate-resilient and sustainable commodity. “Branching Out” will plant 1,300 trees within our Disadvantaged Community, bringing with it a wealth of quality-of-life improvements. Trees can improve air quality by removing particles and gasses from the atmosphere, which are of considerable health concern in Ceres. Ceres has worse air quality than 80% of cities in California. Based on the EPA’s National Ambient Air Quality Standards (NAAQS), which shows where pollution levels are safe for people and the environment, Ceres does not meet standards for both PM2.5 and ozone. Improving air quality can improve rates of asthma, cardiovascular events, and other key health issues plaguing our City. Increasing access to green spaces can also increase rates of mental well-being and encourage residents to spend more time outdoors, impacting the obesity epidemic sweeping Ceres. “Branching Out” will bring our community together during the six planting days a year hosted by our External Partners, as well as during the Legacy Health-supporting community engagement, City Council participation, and Planting Commission deliberation. Our community will provide feedback on the program, help shape the trees to be enjoyed by future generations, and have a hand in growing Ceres’ urban forest. Planting Days will be treated as Outdoor Classrooms and learning opportunities by External Partners and City Staff. CUSD and Legacy Health will provide age- appropriate educational materials on urban forests, the urban heat island effect, and the impact that our climate has on human health to encourage residents to support public and private trees moving forward. City staff will provide information on how to keep private trees healthy and resilient through our changing climate.

The tree inventory and UFMP will help Ceres manage its urban forests moving forward and tackle issues stunting and/or killing current trees, including pests and drought. This will help build and sustain Ceres’ canopy coverage. “Branching Out” is the first step in the long process toward healing our ecosystem and allowing our residents to survive and thrive.

Upload existing urban forest/tree protection system, if available.

Describe how your project will fulfill the Urban Forest Management Activities requirements of this grant type.

A core activity for "Branching Out" is to perform a tree inventory (including mapping and analysis), establish a new urban forest management plan, and pass an urban forestry-related ordinance. Our budget is well within the grant requirements. West Coast Arborist, a family-owned company providing professional tree maintenance and management services for over 330 municipalities and public agencies throughout California and Arizona will spearhead the GIS Tree Inventory process, along with helping with tree planting to ensure that the 1,300 trees get properly and expeditiously planted.
"Branching Out" will develop policies, goals, best practices, standards, strategies, and partnerships, and build on current staffing, operational structure and culture, training, and budgets/funding to optimize long-term success while dramatically increasing the canopy coverage in Ceres. Our project will develop local goals to achieve an increase in urban tee canopy cover from a baseline to be established in Year 1. Maintaining and growing our community forest will increase tree canopy cover in Ceres and address the issues around pest control and drought tolerance through a long-term maintenance plan and community buy-in. Our tree inventory will be completed before we start the UFMP and begin planting trees, which will be a long-term and comprehensive document, periodically reviewed. Our City Council will pass the UFMP as a guiding policy document.

Project Tree Information
Blue Oak (Quercus Douglasii)
Carob (Ceratonia Siliqua)
Interior Live Oak (Quercus Wislizeni)
Japanese Zelkova (Zelkova Serrata)
Red Maple (Acer Rubrum)
Eastern Redbud (Cercis Canadensis)
Common Crapemyrtle (Lagerstroemia Indica)
Australian Willow (Geijera Parviflora)

ATTACHMENT B
ITEM 9
Total number of CAL FIRE funded trees to be planted through this project. 1,300
If your project includes a tree planting component, describe how you will care for the trees long-term.

Ceres’ Parks and Streets Department will be responsible for tree care and provide maintenance after the grant period ends. Ceres park staff inspect park trees on a weekly basis, Right-of-W trees on a monthly basis, and residential trees on a quarterly basis. Trees will be treated as necessary. Tree species have been selected to be “low” or “very low” water usage for Ceres climate but, if/as needed, water irrigation systems will be installed and/or fixed as necessary using t Parks budget or General Funds. Maintenance includes fertilizing, stake adjustments, pruning, dead tree replacement, pest management, mulching, and fixing irrigation apparatus as neede Depending on the situation, a post hole digger, auger, skid steer, pole saw pruner, chainsaw, lopper, shovel, rake, post pounder, and backhoe may be utilized. If the tree needs it, soil enhancements and a tree donut may be added.

The City will continue to engage and educate the community after the project period ends. The City will continue to build upon the partnerships mentioned in the grant, including Ceres Unifi School District, Ceres Chamber of Commerce, and Ceres Garden Club. We will continue to prioritize building and maintaining our canopy coverage by continuing to host Planting Days with an education component. Partnering with local businesses, Homeowners Associations, and private residents the City will emphasize the economic and health improvements of both public and private trees. The City will continue to pass out the educational and instructional pamphlets created during the grant period and revise as necessary. We are confident that if we demonstra our commitment to our community through wide-ranging engagement and feedback sessions, the community will demonstrate its commitment to our tree canopy.

Ceres will create guidelines on tree care best management practices and protocols in the Urban Forest Management Plan. The City will look toward experts, including the International Society of Arboriculture, established best practices, such as the American National Standards Institute (ANSI) A300 Tree Care standards, and local companies, such as West Coast Arborist.

Upload existing long-term tree care management plan, if applicable.

Ceres - Long Term Care Management (Updated).pdf
Upload site images. Provide 5-10 representative site photos.

Upload site images.pdf
Green House Gas (GHG) Methodology
If the project has a tree planting component, fill in the Green House Gas (GHG) calculated amounts below using the CARB CA Climate Investments Quantification Methodology as required in the grant guidelines and attach proof that the CARB methodology was followed. Use the CAL FIRE Benefits Calculator Tool
to assist with calculations.

Estimated carbon stored (MT C02e)
3,996
Estimated avoided emissions (MT C02e)
1,648
Estimated project emissions (MT C02e)
282
Net GHG benefit (MT C02e).  (5A + 5B) - 5C =
5,362
Describe the assumptions used to quantify GHG reductions using the CARB Quantification Methodology.

Ceres used i-Tree Planting application to determine the estimates. The information has been attached.

ATTACHMENT B
ITEM 9
Upload proof that the CARB specified quantification methodology was followed.

Updated Jan.2025 - CITYofCERES_GHG_calfire_ucf_finalcalculator_012820.xlsx Project Budget Information
All applicants must complete the Budget Worksheet and Budget Narratives in order for an application to be accepted. Please fill out the Budget Worksheet and Budget Narrative directly in eCivis.

See pages 49-55 of the IRA Grant Guidelines for detailed descriptions on Eligible Costs, Budget Worksheet and Narrative requirements.

Does your organization or agency have a Negotiated Indirect Cost Rate Agreement (NICRA) with the federal government? No
Upload Negotiated Indirect Cost Rate Agreement, if applicable.

Does your organization anticipate requesting Advance Payments from CAL FIRE to implement the proposed project due to cash flow needs?
No
Certification and Forms
To access the following forms, go to the
CAL FIRE Urban Forestry Website
. All forms need to be uploaded as a PDF.

Does your organization currently have active registration at SAM.gov
? If yes, please upload proof active status showing Unique Entity ID (UEI), and provide the expiration date. Active registration at SAM.gov will be required upon grant award and agreement, but applicants can upload proof of active status during application submission, if applicable. CAL FIRE recommends starting the registration or renewal process as soon as possible, as it can take 90+ days.

Upload proof of active status at SAM.gov
City of Ceres - SAM (1).pdf
Fill in expiration date for active SAM.gov registration November 16, 2024
Upload Payee Data Record form (STD. 204)
Payee Data Record form (STD. 204).pdf
Upload Nondiscrimination Compliance Statement form (STD. 19) Nondiscrimination.pdf
Upload A Drug-Free Workplace Certification form (STD. 21) Drug-Free Workplace.pdf
Upload CAL FIRE's Environmental Checklist
Ceres - Environmental Checklist (1).pdf
Upload Urban Forestry Grants Resolution
Ceres - City Council Resolution.pdf
Upload Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions (AD-1048) Certification Regarding Debarment.pdf

ATTACHMENT B
ITEM 9
Certification of Party Responsible for Establishment Care - For any trees planted through this project, I certify that we will either provide or ensure commitment to tree maintenance for a minimum of 3 years after the end of the grant period in accordance with ANSI A-300 tree care standards, the accompanying ISA Best Management Practices, and the standards outlined in the grant agreement and/or grant attachments with CAL FIRE.

Check here
Statement of Compliance with all Applicable Laws - I certify that we will abide by all applicable federal, state, and local laws, ordinances, regulations, and policies in carrying out this Federal and State-funded project. Failure to do so will lead to cancellation of the grant award.

Check here
Attestation:

I hereby attest and certify that the above and attached information is true and accurate. I am authorized to submit this application on behalf of my organization. I have read and understand the California Urban and Community Forestry Inflation Reduction Act 2024 Grant Guidelines.

Check here
Type Name as Signature:

Douglas Dunford
Title:

City Manager
Did you complete the Budget Worksheet, Budget Narrative and Application Goals? Applications without a completed budget, narrative and goals will not be eligible for award. Please check each box acknowledging it has been completed. View pages 49-55 of the IRA Grant Guidelines for details on the Budget Worksheet Requirements.

Budget Worksheet, Budget Narrative, Application Goals
View Budget Worksheet
https://portal.ecivis.com/#/peerBudget/0540EF4E-7979-4558-876D-58357184B4A7 View Application Goals
https://portal.ecivis.com/#/peerGoals/5D3427F4-07A7-4698-A5D2-4506640DADEE # of Reviews
5 # of Denials
0 ATTACHMENT B
ITEM 9

ATTACHMENT C
Project Budget

ATTACHMENT B
ITEM 9

Passthrough Agency: Report Date: 11/19/2024
Program: Requested By: Dante Moreno
Project Name/Title: [email protected] Org Name: City of Ceres
Stage: Pre-Award
Budget Items
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type CAL FIRE Comments Admin Costs MTDC

Tree Planting Worker Hours 3000 $ 29.00 $ 87,000.00 $ 87,000.00 $ - Direct Cost $ 87,000.00 Tree Planting Worker Hours 3000 $ 29.00 $ 87,000.00 $ 87,000.00 $ - Direct Cost $ 87,000.00 6000 $ 58.00 $ 174,000.00 $ 174,000.00 $ - $ -

0 $ - $ - $ - $ - Direct Cost 0 $ - $ - $ - $ - $ -

Urban Forestry Management
Plan
Contract 1 $ 219,699.21 $ 219,699.21 $ 219,699.21 $ - Direct Cost $ 25,000.00 Grant Management Services
(Capitol Advocacy Partners)
Contract 1 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ - Direct Cost $ 60,000.00 $ 25,000.00 1 $ 279,699.21 $ 279,699.21 $ 279,699.21 $ - $ -

Trees Each 1300 $ 150.00 $ 195,000.00 $ 195,000.00 $ - Direct Cost $ 195,000.00 Shovels Each 150 $ 10.00 $ 1,500.00 $ 1,500.00 $ - Direct Cost $ 1,500.00 Soil Bags Each 375 $ 60.00 $ 22,500.00 $ 22,500.00 $ - Direct Cost $ 22,500.00 Stakes Each 1300 $ 10.00 $ 13,000.00 $ 13,000.00 $ - Direct Cost $ 13,000.00 Vegetation Each 100 $ 40.00 $ 4,000.00 $ 4,000.00 $ - Direct Cost $ 4,000.00 Water Donut Each 100 $ 40.00 $ 4,000.00 $ 4,000.00 $ - Direct Cost $ 4,000.00 Irrigation Equipment Each 300 $ 800.00 $ 240,000.00 $ 240,000.00 $ - Direct Cost $ 240,000.00 3625 $ 1,110.00 $ 480,000.00 $ 480,000.00 $ - $ -

0 $ - $ - $ - $ - Direct Cost 0 $ - $ - $ - $ - $ -

Auger Lease 160.56 $ 163.36 $ 26,229.08 $ 26,229.08 $ - Direct Cost Gas for Auger Each 160.56 $ 14.00 $ 2,247.84 $ 2,247.84 $ - Direct Cost Gas for Skid Steer Each 160.56 $ 70.00 $ 11,239.20 $ 11,239.20 $ - Direct Cost Skid Steer Lease 160.56 $ 219.76 $ 35,284.67 $ 35,284.67 $ - Direct Cost Signage each 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ - Direct Cost $ 5,000.00 643.24 $ 5,467.12 $ 80,000.79 $ 80,000.79 $ - $ -

0 $ - $ - $ - $ - $ - Other
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type CAL FIRE Comments Admin Costs MTDC

0 $ - $ - $ - $ - $ - Extended Cost Direct Costs Indirect Costs Total CAL FIRE Award Cost Share Reallocate Admin Cost % Admin Costs MTDC $ 1,013,700.00 $ 1,013,700.00 $ 70,900.00 $ 1,084,600.00 $ - $ 0.00 6% $ 60,000.00 $ 709,000.00 $ 986,000.00 $ 986,000.00 $ 98,600.00 $ 1,084,600.00 $ - Indirect Rate
Budget Report, Created by Dante Moreno, [email protected], 11/19/2024 10.00% Source: eCivis™ Portal
http://www.ecivis.com/
Original Application Grant Total
Supplies Total
Travel & Per Diem
Travel & Per Diem Total
Other Costs
Other Costs Total
Indirect Cost
Indirect Cost Total
Other
Other Total
Total Award
Revised Grant Total
Supplies
Budget Report
California Department of Forestry and Fire Protection (CAL FIRE) IRA Urban and Community Forestry 2024
Joseph Chavez
Salaries & Wages
Salaries & Wages Total
Employee Benefits
Employee Benefits Total
Contractual
Contractual Total

ATTACHMENT B
ITEM 9

Passthrough Agency: Report Date: 11/19/2024
Program: Requested By: Dante Moreno
Project Name/Title: [email protected] Org Name: City of Ceres
Stage: Pre-Award
Salaries and Wages: $174,000
Tree planting: Basic labor to plant tree with favorable site conditions. Plant tree with up to 15gal with watering tube, soil prep and double staking. Includes planning, equipment and material acquisition, area preparation and protection, setup and cleanup. 2 workers working part-time, $29/hr loaded rate, for 1,300 trees, estimated at 2 hours per tree: 3,000 hours per worker. 2 x $29/hr. x 3,000 hrs = $174,000 Fringe: included in hourly rate
Contractual: $220,000
Urban Forestry Management Plan and Tree Inventory
A) Project Management
Initial Coordination Meeting (remote), Internal Work Plan, Internal Kickoff (remote), Project Updates B) Research & Analysis
Information Intake Form, Document / Data Gathering & Reviews (including ordinances), Request for Information Form, Tree Data Analyses, GIS Analyses, Research & Data Analysis Summary
C) Internal & External Engagement
Initial Coordination Meeting (remote), Stakeholder Lists, (optional), Steering Committee Setup & Meetings (up to 5 remote meetings), Engagement Strategy, Internal Stakeholder Online Survey, Follow-up Internal Stakeholder Interviews (up to 6 remote sessions), External Engagement Sessions (messaging, graphics, web content, up to 2 online surveys, 2 focus group remote meetings, 2 hybrid public events, up to 3 remote presentations to boards/committees), Engagement Analysis & Summary
D) Recommendations & Strategies
Benchmarking Research (2 rounds), Urban Forest Audit (2 rounds), Draft Strategies (e.g., maintenance, planting, staffing, structure, programming, funding, engagement, policy, sustainability, resiliency, data management, others), Draft Long-term Framework (Goals, Objectives, Strategies), Final Strategies & Recommendations
E) Tree Ordinances
Research findings on exisiting code, Urban Forest Audit, Draft Strategies, internal and external engagement, Draft Long-term Framework (Goals, Objectives, Strategies), Final Strategies & Recommendations as well as further bringing this information to council to be adopted city wide.

F) Plan Development & Delivery
Draft & Final Plan Outline, Documentation of Methodologies (e.g., canopy coals), Graphic Design & Mapping, 2 Draft Plans, 2 Review Meetings, Remote Presentations (covered in Task C), Final Plan, Final Delivery Training (remote) Contract for Grant Management = $60,000; Capitol Advocacy Partners will provide grant management services during the first 24 months of the grant period.

Activities will include holding regular meetings, such as a kick-off meeting, to ensure timely progress in grant execution, assisting with navigating necessary systems for reporting, and designing a comprehensive work plan.

Supplies: $512,000
trees- $150 per tree x 1300 trees = $195,000
shovels- 150 shovels for 1300 trees: $10/shovel x 150 shovels = soil bags- one soil bag sufficient for planting of 4 trees so for 375 soil bags for 1,500 trees: $60/soil bag x 375 bags = $22,500 stakes- $10 per stake x 1300 stakes = $13,000
vegetation- $40 per tree x 100 trees = $4,000
wter donuts- $40 per donut x 100 = $4,000
irrigation equipment- 1 Controller, pipe, tree admitters and other supplies to recondition site irrigation $800 per site x 300 sites = $240,000 Other cost: $80,000
Rent for special equipment for tree planting- Gas powered Auger and Skid Steer = $75,000 in total rental costs (Breakdown: Skid Steer Rental: $27.47/hour × 8 hours = $219.76 per day; Auger (Gas Powered, Trailer Mounted) Rental: $20.42/hour × 8 hours = $163.36 per day; Gas for Skid Steer: 2.5 gallons/hour × 8 hours × $3.50/gallon = $70/day; Gas for Auger: 0.5 gallons/hour × 8 hours × $3.50/gallon = $14/day; 160.56 is the unit and represents number of days the equipment will be used to plant trees)
Project sign- $5,000
Indirect Cost: $98,600
Deminimus rate of 10%: $986,000 direct cost x 10% = $98,600 Budget Report
California Department of Forestry and Fire Protection (CAL FIRE) IRA Urban and Community Forestry 2024
Joseph Chavez
Narrative

ATTACHMENT B
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

Resolution No. 202 5-XXX, Denying the Appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 24-09 (CUP) for a Maverik Fueling Station, L ocated at the Southeast Corner of Mitchell Road and R ohde Road in Ceres, CA (APN: 041-018-007)
RECOMMENDED COUNCIL ACTION:

Staf
f recommends that the City Council deny the appeal of Planning Commission’s Approval of Conditional Use Permit Number 24- 09 (CUP) for the Maverik Fueling Stations, located at the southeast corner of Mitchell Road and Rohde Road in Ceres, CA (APN: 041-018-007).

I. BACKGROUND:

Aft
er conducting a public hearing at its regularly scheduled meeting on November 18, 2024, the City of Ceres Planning Commission voted 4-0- 1 (Condit recused) to approve Conditional Use Permit Number 24-09 Maverik Fueling Station. A timely appeal was filed by George Petrulakis on behalf of Sunny Ghai (hereafter Appellant) on November 27 , 2024 with the Planning Division pursuant to City of Ceres Municipal Code Section

18.34.101. Staff recommends that the City Council review the project and deny the appeal upholding the approved Conditional Use Permit.

II. REASONS FOR RECOMMENDATION:

The Ap
pellant raised ten issues in his November 27, 2024, letter. Each issue is discussed below. Staff provides comments on each issue furthering the reasons why Council should deny the appeal and support the project as approved.

A. Iss
ue 1: The approval of the CUP changes the “branding” of the currently desirable commercial users to a trucking/fueling center at the entrance from State Route 99 to the commercial uses.

ITEM 10
Response: The project site is located within the Mitchell Road Corridor Specific Plan (MRCSP). The MRCSP was first adopted in June 1989 and then amended in September 1995. The MRCSP was established to shape the development in this area to respond to the physical and environmental constraints of the area, coordinate the mix of industrial, commercial, and residential uses, and provide adequate circulation, public facilities and internal community space amenities in the Plan area.

The project
site is designated Regional Commercial within the MRCSP, which is intended to provide for and promote concentrations of large-scale commercial uses, and because of its proximity to State Route 99, the RC Zone includes automobile-oriented uses that are traditionally associated with commercial zoning adjacent to freeway interchanges.

The only logical automobile- oriented uses near a freeway are those of service stations, which this is. There are fourteen (14) fuel pumps for freeway automobile users, and six (6) pumps for trucks to use that are already using the existing Mitchell and Service road truck routes. This designation is meant to serve the needs of the traveling public. Gas stations are exactly an “on brand” use in the Regional Commercial zoning district and land use designation, especially with the plethora of fast food destinations for travelers and the new hotel . The appellant also owns a gs station in the vicinity of the public, capitalizing on the site’s location adjacent to the freeway and fast food restaurants. The MRCSP also permits service stations with a CUP which is what the applicant applied for and was granted by the Planning Commission. As such, the assertion that a gas station is not “on brand” for the area is an incorrect statement.

B. Issue 2: Already difficult traffic conditions will be made worse by “stop and go” and additional truck traffic.

Response: The appellant did not provide a traffic study or a third -party review of the project’s traffic analysis to make this assessment. The notion that there is “stop and go” traffic issues is a personal opinion of the appellant and is not based in any factual analysis done by a traffic engineer.

C. Issue 3: The Mini -traffic study letter did not address full traffic concerns, including those required by CEQA.

Response: The proposed project was determined to be consistent with the Mitchell Ranch Center EIR (SCH# 2007092011) and the Ceres Gateway Center MND (SCH# 2019109006) per California Environmental Quality Act (CEQA) Section 15168(c)(2).

Per this section, if the agency finds that the activity was within the scope of the project covered by the program EIR, then no further environmental review is required.

Factors that an agency may consider in making that determination include but are not limited to consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the prior EIR. The project site is located in the Mitchell Road Corridor Specific Plan and has had the same land use designation since its adoption in 1995. The proposed use is an allowable use under the plan and the land use designation. Both prior EIRs discuss the development of the area in the Cumulative Section of the EIR and both reference the prior MRCS P environmental clearance. The site is also less than five acres, and under CEQA Exemption 15332, could also be potentially exempt from CEQA review altogether due to its consistency with an applicable general plan and zoning designation. Further, the ITEM 10
proposed development occurs within city limits on no more than five acres, the site has no value for habitat for rare species, and the site is adequately served by utilities and public services. Finally, the project has no significant effects related to t raffic, noise, air quality, or water quality as the site is in an existing urbanized area where growth has been planned and studied. Since VMT was not a metric of environmental impact back at the completion of any of prior environmental work, the applicant had the same traffic engineer prepare a memorandum on VMT which found the project to be classified as locally serving retail and therefore has a less than significant impact under CEQA. As such, the full traffic concerns have been vetted for the propose d project.

D. Issue 4: The staff report minimized the potential impact of this “super -station” by stating on page one that the affected parcel 1.16 acres when in fact the project involved three (3) previously approved parcels totaling 3.58 acres creating a pad out of dimension with the many businesses populating this commercial area.

Response: There was a typographical error in the staff report related to the parcel size which staff corrected on the record at the public hearing. The project summary information in the staff report did show the site as a 1.19 acre site, but the overall project site is 3.58 acres. The appellant is trying to assert that staff misrepresented the magnitude of the project. However, the report clearly states that the C -Store is 5,951 square feet with 20 pumps, 14 fueling positions for standard vehicles, and 6 (six) fueling positions for heavy trucks. The amount of fueling positions or the size of the C-store was never misrepresented at the hearing or in the staff report. Further, the first CUP finding in Section 18.30.090 of the municipal code states that the site needs to be adequate in size and shape to accommodate the use. A 1.19 acre site would not be adequate in size to accommodate the proposed gas station, further noting that this was a simple typographical error, rather than an attempt to hide a “super-station” from the Planning Commission. The project was analyzed as a 3.38 acre site and the typographical error in the staff report does not change the fact that all internal departments and external agencies reviewed the site as a 3.38 acres and provided comment accordingly.

E. Issue 5: There are inconsistencies between the project and the pertinent planning documents including the General Plan and the Mitchell Road Corridor Specific Plan.

Response: The project site is located within the Mitchell Road Corridor Specific Plan (MRCSP). The MRCSP was first adopted in June 1989 and then amended in September 1995. The MRCSP was established to shape the development in this area to respond to the physical and environmental constraints of the area, coordinate the mix of industrial, commercial, and residential uses, and provide adequate circulation, public facilities, and internal community space amenities in the Plan area.

The design guidelines established in the MRCSP were intended to reflect and reinforce the importance of the Mitchell Road Corridor as a gateway in to Ceres from Modesto. The plan took into account the amount of commuter traffic that goes through the area coming from the Beard Industrial District, a major employment center in Stanislaus County. The plan also contemplated the Corridor as a southern gateway ITEM 10
into Ceres with the Corridor connecting the City to the strategically important future State Route 99 interchange. It was anticipated at the Plan’s adoption that this area would emerge as an area that would accommodate a significant portion of the community’s retail and service needs, and the concentration of uses in the Corridor would help reduce the outflow of potential sales to other communities in the County.

Thirty years after the Plan’s adoption, the anticipated outcomes of the plan are starting to come to fruition . With the development of the Gateway project and the Wal -Mart development, this Service/Mitchell area is becoming a hub of economic activity for the City. The development of the Mavrik Fueling Station only further supports the intended goals and opportunities identified in the MRCSP.

The MRCSP states that a key function of the Plan is to increase the employment base of the City and enhance the City’s sales tax revenue through large commercial projects. The P lan envisioned the expansion of economic growth for Ceres, and ultimately predicted the expansion of Mitchell Road into a major thoroughfare for vehicles and trucks into Stanislaus County.

The project site is designated Regional Commercial within the MRCSP, which is intended to provide for and promote concentrations of those administrative professional, retail commercial, and service commercial uses which serve the needs of the traveling public. Currently, there are no fueling stations along Mitchell Road that can accommodate and support the commercial truck traffic that utilizes Mitchell Road, which is a designated truck route. The proposed project will fulfill that need and capitalize on the millions of dollars in sales tax revenue that this service station will provide to the City. As such, the proposed project is consistent with the Mitchell Road Corridor Specific Plan.

F. Issue 6: There are various violations of the California Environmental Quality Act including without limitation improper use of CEQA Guidelines Section 15168(c)(2), failure to properly address traffic and air quality impacts and new impacts requiring a subsequent or supplemental EIR.

Response: This is the same concern raised in issue 3. Please see the above analysis.

G. Issue 7: Various violations of the City’s Municipal Code:
a. M isapplication of the findings needed for approval of a CUP under CMC

18.30.090;
b. Failure to address the threshold matters in CMC 18.30.010 regarding the necessity of a particular development to the City and that the use is in no way detrimental to surrounding properties or uses permitted in the zone;

Response: Section 18.30.010 of the Ceres Municipal code states that certain uses are permitted subject to a Conditional Use Permit when the uses are necessary to the development of the City and are in no way detrimental to surrounding properties or uses permitted in the zone. This section goes on to state that Planning Commission may require certain safeguards and establish certain conditions deemed necessary to protect the health, safety and general welfare. Staff highlighted the significant economic benefit the proposed project would bring to the City. There are numerous General Plan policies identified that speak to the importance of growing the City’s economic base to be able to provide necessary services to the community. Both the ITEM 10
Police and Fire POAs spoke in favor of the project, siting the important tax dollars that this business will bring to the community which will in turn provide more public safety for the community. The staff also discussed how this project will only enhanc e the marketability of this intersection, promoting the development of the remaining lots in this area of the Mitchell Road Corridor. The appellant offered no indication of how this use is detrimental to the other properties in the area, other than making unverified statements about traffic and crime. The staff report also discussed the findings in Section 18.0.090 which directly speak to how the project is in fact not detrimental to surrounding properties. These findings are included below. If the use was detrimental to the surrounding properties, the Commission would not have been able to make the findings for approval, but they found the project to be in conformance with the findings.

H. Issue 8: Failure to properly consider the automobile service station portion of the project;

Response: The project was reviewed as an automobile and truck service station as discussed in the staff report.

I. Issue 9: Failure to address adverse impacts on the neighborhood such as increased crime;

Response: The CUP findings in Section 18.30.090 may not directly address crime, but the findings do directly imply that a project cannot impose negative impacts on the neighborhood. Staff impose conditions on a project that inevitably help control things like crime. For example, conditions related to hours of operation, site lighting, site improvements, site fencing, appropriate site ingress and egress, appropriate signage, necessary site upkeep, and site thoughtful site layout are all conditions of the project that inherently reduce the amount of crime potential for a project. All such conditions have been included in the attached resolution. In addition to all of the conditions of the project, the Maverik company itself supports reduced crime by readil y making camera footage available to the police when requested. Maverik typically provides a public view of camera monitoring in- store to remind patrons they can feel safe.

Maverik also archives all video footage for legal proceedings. Per Maverik, this archive has been useful in over 150 non- Maverik related incidents, including fraud, stolen property, and vehicular accidents. Maverik stores are also designed to adhere to common Crime Prevention Through Environmental Design (CPTED) concepts. The convenience store will have large storefront windows paired with adequate lighting which serves as deterrents to criminal activity. The site lighting never spills into neighboring properties, but is still sufficient to ensure that patrons feel safe on site.

The appellant has not offered any factual information correlating crime to Maverik gas stations. While crime is inevitable in an urban setting, the proposed project has taken measures to deter crime on their site and to not create adverse impacts on the neighborhood.

J. Issue 10: Misapplication of the “infill” policies of the City.

Response: Staff is unclear of the appellant’s understanding of “infill policies” in the General Plan and infill development in general. The Ceres General Plan does not directly define infill, but the goals and policies that reference infill development encourage the development and investment of vacant or underutilized parcels within ITEM 10
existing neighborhoods and commercial corridors in order to revitalize areas within the City limits. Goal 2.D promotes infill development to reuse underutilized parcels in the city to reduce pressure to develop on farmland or other “greenfield” sites. Goal 2.E.4 encourages infill development along the Mitchell Road Corridor Plan Area, especially land designated Regional Commercial along SR 99. If the appellant would like a more specific definition of infill, the California Governer’s Office of Planning and Research defines the term “infill development” as building within unused and underutilized lands within existing development patterns, typically but not exclusively in urban areas. The California Department of Housing and Community Development defines “infill development” as the construction of new buildings on underutilized or vacant land in existing urban areas. The project site meets these definitions of infill and meets and promotes the goals and policies of the Ceres General Plan by proposing development on an underutilized parcel in an urbanized area of Ceres. The development of this site where infrastructure exists, albeit incomplete, will prevent development from infringing on other less developed areas of the City where agriculture is still prospering. This vacant site will never go back to a farming use and is thus sorely underutilized unless developed with a commercial project. As development on this site occurs, this hole in the urban streetscape will be filled. There is a clear development pattern in the area that this project fits seamlessly into. As such, staff believes that the classification of this project as infill development is accurate.

The appellant stated that a further presentation of the appeal will be presented at Council.

At this time this staff report was published, no other comments from the appellant have been received. Staff believes that this additional information, along with the below Conditional Use Permit findings, is sufficient for the Council to be able to deny the appeal.

Per Section 18.30.090 of the Zoning Ordinance, the Planning Commission, and now the City Council, must make the following findings in order to approve a Conditional Use Permit:

1. The site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features requires by this title to adjust the use with land and uses in the neighborhood;

Analysis: The proposal was routed to various departments and agencies for review and was found to be in compliance with the City of Ceres standards for development.

The proposed development is in conformity with the current Mitchell Road Corridor Specific Plan, Zoning District, and General Plan Designations.

2. The site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generates by the proposed use;

Analysis: The proposal was routed to Ceres Engineering Division and Ceres Public Works Department. It was determined that with the off-site improvements required by the previously approved Tentative Parcel Map, Rohde Road will be brought up to the standards necessary to handle the traffic expected by the proposed project . Mitchell Road is already a designated truck route and can support the quantity and kind of traffic generated by the proposed project. Additionally, a Traffic Memorandum was ITEM 10
completed to analyze the trip generation and Vehicle Miles Traveled (VMT) for the project, in addition to the previously adopted Mitchell Ranch Center EIR and the Gateway Center MND, to confirm the traffic generated by the proposed project will not cause an increase in trip generation or VMT as Mitchell Road and Hwy 99 are already a heavily used truck corridor.

3. T
he proposed use will have no adverse effect on abutting property or the permitted use thereof;
A
nalysis: The subject property has one abutting property to the south which is also has the Regional Commercial zoning designation and General Plan designation. Any future development to the property will also be consistent with Regional Commercial use types.

4. T
hat the conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.

A
nalysis: The proposed project was routed to various departments and agencies, and the Conditions of Approval were prepared based on the comments provided from each department and agency to ensure the protection of public health, safety, and general welfare.

III. FISCAL IMPACTS:

I
t is expected that the construction and operation of the Maverik project will have an overall economic impact to the region of about $65.8 million over a thirty-year (36) period of construction and operation. The City will also receive Sales & Use Tax from the sale of fuel and taxable items in the convenience store. To begin, Maverik anticipates selling about 6 million gallons of fuel in its first operational year. While fuel prices can be volatile, the five (5) year average cost of fuel (gasoline and diesel) in California is about $4.50 per gallon. Based on this volume and price, the City would receive a total of $629,100 of Sales & Use Tax from the sale of fuel. Additionally, the convenience store is expected to generate an additional $41,940 in Sales & Use Tax to the City during its first full year of operation. In total, operational Sales & Use Tax is expected to be $671,040 in Year 1.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The project staff report was written in coordination with the City Attorney’s Office.

VII. PUBLIC PARTICIPATION:

The project was properly noticed for the November 18, 2024 Planning Commission Public Hearing as well as for the April 14, 2025 City Council public hearing.

ITEM 10
VIII. ENVIRONMENTAL REVIEW:

The proposal was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined to be consistent with the Mitchell Ranch Center EIR (SCH# 2007092011) and the Ceres Gateway Center MND (SCH# 2019109006) per California Environmental Quality Act (CEQA) Section 15168(c)(2).Fehr and Peers also provided a Trip Generation & VMT Screening Analysis for the proposed project and determined that the project is a locally serving retail project and is presumed to have a less-than-significant VMT impact.

IX. ST
EPS F OLLOWING APPROVAL:

If the appeal is denied, the Planning Commission’s approval will stand. If the appeal is approved, the Planning Commission’s approval will be overturned and the project will not be approved.

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – 24-09 CUP Appeal Letter
a. Exhibit A – Planning Commission Resolution 24-20 with COAs b. Exhibit B – Approved Plan Set

3. Attachment C – Planning Commission Staff Report with Resolution and Plans

4. Attachment D – Fehr & Peers Traffic Memorandum

5. Attachment E – Presentation
ITEM 10
RES
OLUTION NO. 2025-XXX
DE
NYING THE APPEAL OF PLANNING COMMISSION’S APPROVAL
OF CONDITIONAL USE PERMIT APPLICATION NUMBER 24-09 (CUP)

FOR A MAVERIK FUELING STATION LOCATED AT THE SOUTHEAST
CORNER OF MITCHELL ROAD AND ROHDE ROAD IN CERES (APN:
041-018-007)
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, this is an appeal of t he Planning Commission of the City of Ceres decision on Conditional Use Permit (CUP) 24-09 CUP for the Maverik Fueling Station, located at the Southeast corner of Mitchell Road and Rohde Road, Ceres, CA (APNs 041-018-007); and
W
HEREAS, the Planning Commission held a duly noticed public hearing on November 18 , 202 4 at 6:00 p.m. and approved Resolution PC 24- 20 to allow the construction of a 5,951 square foot Maverik Fueling Station convenience store with 24 fuel pumps and various site improvements; and
W
HEREAS, the Planning Commission voted 4 -0-1 (Condit recused) to approve Conditional Use Permit 24-09; and
W
HEREAS, on November 27, 2024, an appeal was filed by George Petrulakis on behalf of Sunny Ghai, pursuant to Ceres Municipal Code 18.34.010, to deny the Planning Commission approval; and
W
HEREAS, on January 29, 2025, a Notice of Public Hearing for the appeal hearing scheduled for February 10, 2025, was posted in the Ceres Courier pursuant to California Government Code 95090, and physical copy of the notice was mailed to the surrounding property owners within a 300-foot radius pursuant to City of Ceres Municipal Code 18.34.160; and
W
HEREAS, the City Council held a duly noticed public hearing on February 10 , 2025, to consider the appeal of the Planning Commission’s decision; and W
HEREAS, pursuant to section 18.30.140 of the Ceres Municipal Code, the City Council is authorized to hear and decide on the subject appeal, giving full consideration to the specific findings of the officer or commission appealed from and may affirm, reverse, or modify the action appealed as it deems just and equitable; and W
HEREAS, the City Council considers all Planning Commission findings and all evidence, testimony and public comments offered and presented at the public hearing; and
W
HEREAS, the City Council based on the evidence, supporting documents and the project file, in approving the appeal find as follows:

ITEM 10

ATTACHMENT A

1. T
hat the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this title to adjust the use with land and uses in the neighborhood;

2. That the site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

3. That the proposed use will have no adverse effect on abutting property or the permitted use thereof;

4. That the conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres as follows:

Section 1. The City Council hereby denies the appeal and upholds the Planning Commission approval of the project and the approved Conditions of Approval. A true and correct copy of the Conditions of Approval are attached and incorporated herein as Exhibit A. The approved Plan Set is incorporated herein as Exhibit B.

Section 2. The Director of Community Development or designee is hereby directed to record this Resolution and the Resolution No. 24-09 at the office of the County Recorder of the County of Stanislaus.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14
th day of April 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

EXHIBIT A – Conditions of Approval
EXHIBIT B – Approved Plan Set
ITEM 10

GEORGE A PETRULAKIS

ROSEMARY BUENO

SENIOR PARALEGAL

SHANA DARNELL

PARALEGAL

PETRULAKIS LAW & ADVOCACY, APC
1104 12TH STREET
MODESTO, CALIFORNIA 95354
TELEPHONE 209 522 - 0S00
FACSIMILE 209 522-0700 MAILING ADDRESS
POST OFFICE BOX 92
MODESTO, CA 95353-0092
November 27, 2024 Via Hand Delivery & Email to [email protected] Mayor Lopez and Councilmembers
City Clerk Martin
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Re: Appeal of Planning Commission Approval of Conditional Use Permit (CUP) 24-09 and Planning Commission Resolution 24-20
Ladies and Gentlemen:

This office represents Mr. Sunny Ghai, principal of the Popeyes Louisiana Kitchen restaurant (Quickserve Cajun, Inc.) located at 4101 Mitchell Road. This letter is Mr. Ghai's appeal of the Planning Commission's approval of Conditional Use Permit (CUP) 24-09 and Planning Commission Resolution 24-20.

Mr. Ghai, like many other entrepreneurs, has made a significant investment in the strategic south Mitchell Road corridor near its intersection with State Route 99. The area has emerged and continues to develop as a key commercial node for the City. Mr. Ghai opposes the CUP 24-09 for many reasons, including without limitation, the following: the approval of the CUP changes the "branding" of the currently desirable commercial users to a trucking/fueling center at the entrance from State Route 99 to the commercial uses; already difficult traffic conditions will be made worse by "stop and go" and additional truck traffic; the mini-traffic study letter did not address full traffic concerns, including those required by CEQA; the staff report minimized the potential impact of this "super-station" by stating on page one that the affected parcel 1.16 acres when in fact the project involves three (3) previously approved parcels totaling 3.58 acres creating a pad out of dimension with the many businesses populating this commercial area; there are inconsistencies between the project and the pertinent planning documents including the General Plan and the Mitchell Road Corridor Specific Plan; there are various violations of the California Environmental Quality Act including without limitation improper use of CEQA Guidelines §15168(c)(2), failure to ITEM 10

ATTACHMENT B
Mayor Lopez and Councilmembers
November 27, 2024

Page 2 ends

Ceres City CouncilApril 14, 2025

Ceres City Council
April 14, 2025