Agenda — Ceres City Council, August 25, 2025

AGENDA
Amendment #1
Dated: August 21, 2025

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, August 25, 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 Stan Risen, Big Valley Grace Community Church.

Click this link to join the webinar:
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Webinar ID: 825 3843 3427; Passcode: 139042; 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
August 25, 2025

Page 2 ends

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Ismael Pulido, Ceres High School.

PRESENTATIONS

A. Code Enforcement Presentation

B. Stanislaus Animal Services Agency Presentation

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 August 25, 2025, City Council Meeting was Posted on Wednesday, August 20, 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 August 11, 2025, Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand (s) Dated July 30 , 202 5, through August 6 , 2025 . (Esenwein)

5. Resolution No. 2025 -XXX, Authorizing an Application Submittal to the U.S.

Department of Justice, Bureau of Justice Assistance for a 2025 Edward Byrne Memorial Justice Assistance Grant. (Johnson)
AGENDA
Regular City Council Meeting
August 25, 2025

Page 3 ends

6. Resolution No. 2025 -XXX, Approving the Project Agreement to the Master Agreement for Professional Consultant Services with Kleinfelder, Inc., for Construction Observation and Materials Testing Services for the Hatch Road 18” Transmission Line Ph2 (2525) Project in the Amount of $31,701.06, Approving a $10,000 Contingency, and Authorizing the City Manager to Execute the Agreement. (Beltran)

7. Waiver of Second Reading and Adoption of Ordinance No. 2025 -XXXX, An Ordinance of the City Council of the City of Ceres Adding Section 5.19.000, Definitions, Amending Section 5.19.040 – Eligible Organizations, Section 5.19.080 – Chief of Police Investigation, Amending Section 5.19.090 from Summary Suspension or Revocation to Renewal of Permit to Operate, Section 5.19.100 from Enforcement to Bingo Location Security, Adding Section 5.19.110 – Conduct of Games, Section 5.19.120 – Financial Records, and Section 5.19.130 – Enforcement, of the Ceres Municipal Code. (Johnson)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

8. Ordinance No. 2025-XXXX, An Ordinance of the City Council of the City of Ceres Adding Chapter 10, Tobacco and Smoke Shop Restrictions, to Title 6, Health and Sanitation, of the Ceres Municipal Code. (Johnson)

NEW BUSINESS

9. Resolution No. 2025 -XXX, Approving a Budget Amendment in the Amount of $750,108.30 for Fire Risk Management Services Medical Benefits Coverage Special Assessment . Approving the Allocation of $750,108.30 for Fiscal Year 2025/26 and $600,086.68 for Fiscal Year 2026/27 and Approving a Budget Amendment in the Amount of $750,108.30 for Fiscal Year 2025/ 26 for Fire Risk Management Services Medical Benefits Coverage Special Assessment. (Vasquez)

DISCUSSION ITEMS

None

AGENDA
Regular City Council Meeting
August 25, 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).

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

10. Conference with Legal Counsel – Existing Litigation , Cal. Gov’t Code §54956.9(d)(1)
“For purposes of this section, litigation shall be considered pending when any of the following circumstances exist… Litigation, to which the local agency is a party, has been initiated formally.” Name of Case: Tom Mitsopoulas vs. City of Ceres; Stanislaus Superior Court Case No. CV-24-009325

11. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) “Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fridge benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.”
Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on September 8, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

AGENDA
Regular City Council Meeting
August 25, 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 office at (209) 538 - 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, August 20, 2025, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

CERES CODE ENFORCEMENT
“Together We Achieve”
ITEM A
CODE

ENFORCEMENT

ACTIVITIES
(2024-2025)
ITEM A

PUBLIC NUISANCE
• Examples of a Public Nuisance:
• Any condition that constitutes a visual blight, but is not limited to, the keeping, storing, depositing, scattering over, or accumulation on the premises.
• Storing, parking, keeping, or maintaining of operative vehicles, boats, vessels, trailers, or camper shells on any portion of a required front yard area other than the driveway.
• The existence of any condition dangerous to children or others. • The existence of any condition which unlawfully obstructs, injures, or interferes with the free passage of any public park, street, highway, sidewalk, and any other portion of the public right-of-way.

ITEM A
• EXAMPLES:

ITEM A

BEFORE & AFTER
ITEM A
Illegal Vendors
Concerning Issues
• Recent Increase In Stanislaus County
• Public health risk due to improper handling and storage procedures • Unsanitary conditions
Procedures
• Contact all vendors and educate them
• Provide them with a vendors permit application
• Administrative Citation after being warned
Final Measure
• Coordinate with Department of Environmental Resources • Confiscate equipment
• Restitution Fines
ITEM A
Vendors are legally allowed to sell within the City of
Ceres if they obtain the proper permits and
licenses required.

ITEM A
Partnered with the
Department of Environmental Resources (DER)
ITEM A
Homeless Encampments
• We are dealing with slightly fewer camps this year compared to last year (a decrease of 9.23%) but the camps have changed in size, type, and location. • 884 Last year
• 806 This year
• The changes are due to employment of Consistent and Persistent contact, enforcing Local Ordinances while offering caring alternatives. The camps we are seeing now have gotten smaller (mostly ground sleepers) less permanent, and less visible (hiding from Code Officers)
• Code Enforcement is out daily contacting these subjects, enforcing laws such as trespassing, possession of shopping carts, blocking sidewalks and numerous other violations. This constant contact and enforcement prevents the camps from growing out of control, occupying empty lots, parking areas, and public parks. • Our partnership with patrol has allowed us to remove non-cooperative subjects for Trespassing, Outstanding warrants and other violations. This cooperation has sent a message that illegal/unpermitted camping will not be tolerated. • Our collaboration with the CARE Team (Community Assessment Response Engagement) has assisted greatly in that we are able to offer the homeless a connection to services that will help them get off the street. We have had several success stories of subjects who are now housed and thriving due to this partnership.

ITEM A
1351 E. HATCH
(OLD KMART)
Large scale camps 2024-
Multiple Subjects and
Large amount of property
ITEM A
West end of Old Kmart
Large Camp Example
2024
ITEM A
Front of Old Kmart 2024
ITEM A
Note, large scale of camps.

Full tents, multiple subjects.

ITEM A
1351 E. HATCH (PRESENT)
FRONT OF OLD KMART JULY 2025

CAMPS ARE NO LONGER AN ISSUE HERE
ITEM A
1550 HATCH (NEW KING BUFFET)

ANOTHER EXAMPLE OF LARGE CAMPS OCCUPYING PUBLIC
AREAS WITH LARGE AMOUNTS OF PROPERTY .

ITEM A
ITEM A
1550 HATCH RD (PRESENT)
SAME PARKING LOT, JULY 2025, THIS IS NO LONGER AN
ONGOING ISSUE DUE TO 602PC ENFORCEMENT
ITEM A
INDEPENDENCE PARK (2024)
THIS PARK WAS COMPLETELY TAKEN OVER BY TRANSIENTS IN 2024. CODE

ENFORCEMENT AND PATROL WORKED TOGETHER TO RETURN THIS PARK BACK TO THE PUBLIC USING MAXIMUM ENFORCEMENT.

ITEM A
ITEM A

INDEPENDENCE PARK (PRESENT)
THE PARK IS NOW MONITORED DAILY AND IS NOT CURRENTLY AN ISSUE.

DAILY ENFORCEMENT IS REQUIRED TO MAINTAIN THIS.

ITEM A

STANISLAUS ANIMAL SERVICES AGENCY
LILY YAP – EXECUTIVE DIRECTOR
ITEM B

CONTACTING STANISLAUS ANIMAL SERVICES

ANIMAL CONTROL OFFICER
209-558-7387 LISTEN FOR PROMPTS
EMAIL
[email protected]

LOST & FOUND HOTLINE
209-558-7369
ITEM B
EXPERIENCING STRAY DOGS?
ITEM B

ACTIONS TO

TAKE WITH

STRAY DOGS
 Exercise caution with any unfamiliar dog. Do not approach if you are unsure.  Contact Stanislaus Animal Services Agency for a field officer at 209-558- 7387, follow the prompts for an officer. Emergencies, including sick, injured, and/or aggressive animals are responded to 24/7.
 Finder to Foster Programming facilitates community-based solutions for lost animal support. Most dogs are found within a mile from their homes and are much more likely to be reunited when remaining in the area.  Call “priority” is based on nature of call; 6 Animal Services Officers serve communities across the county 7 days a week.

ITEM B

SEEING CATS IN THE NEIGHBORHOOD
ITEM B

COMMUNITY CATS
 Community cats are unowned stray or feral cats that live outdoors in our neighborhoods. It is normal for these cats to be outside. Stanislaus Animal Services Agency (SASA) offers stray cat intake, which can lead to Trap-Neuter- Return (TNR) for cats brought in.
 The Vacuum Effect - The traditional 'catch and kill' approach to managing feral cats is ineffective and inhumane. Removing cats from an area creates a vacuum, as other cats will soon move in to take advantage of the available resources and begin breeding, forming a new colony. This phenomenon, known as the vacuum effect, is well-documented in various animal species worldwide. 'Catch and kill' leads to an endless, costly, and cruel cycle.
 SASA supports responsible feeding and spay/neuter practices for community cats.

As a short-term solution, humane deterrents can reduce the impact on neighbors that do not feed.
 Whether you support or oppose community cats, Trap-Neuter-Return (TNR) is the most effective and humane method to reduce their numbers and minimize nuisance behaviors. TNR prevents male cats from fighting, spraying, and roaming, and stops female cats from yowling for mates and having kittens. SASA has been involved in TNR for many years because euthanizing thousands of cats annually did not resolve these issues.

ITEM B

OTHER SERVICES SASA PROVIDES
Assist with loose livestock
Investigate reports of neglect
Vaccination clinics
Outreach, education
and
adoption events
And
everything
In-between
ITEM B
QUESTIONS?
ITEM B

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

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

City Council Chambers, 2701 Fourth Street
Monday, August 11, 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

M
ayor Lopez called the August 11, 2025, meeting to order at 6:00 p.m.

ROLL CALL – Present:

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

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 3
Councilmember
Otero
District 4
Vice Mayor
Martinez
Mayor Lopez
Present Present Present Present Present

INVOCATION

I
nvocation by Pastor Dick Connors, Ceres First Baptist Church.

PLEDGE OF ALLEGIANCE

Ple
dge of Allegiance was led by Mayor Lopez.

PRESENTATIONS

N
one

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

John Warren spoke regarding the September 11th services that will be held at Whitmore Park at 8:00 a.m.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 11, 2025

Page 2 ends

Brandy Meyer spoke regarding the September 26th golf tournament and the October 10th One Table event.

Kimberly Oliveira spoke regarding civic engagement for youth and youth internships.

City Clerk, Fallon Martin, read an email into the record from David Yonan regarding Code Enforcement.

CONFLICT OF INTEREST DECLARATION

Councilmember Otero recused herself from item 14.

APPOINTMENTS TO BOARDS/COMMISSIONS

A. C
ouncil Designation of a Voting Delegate and Alternate Delegate to Represent the City of Ceres at the League of California Cities’ 2025 Annual Conference.

City Clerk, Fallon Martin, introduced the item.

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

Council consensus to designate Vice Mayor Martinez as the voting delegate with Councilmember Casey as the alternate voting delegates at the League of California Cities Annual Conference.

CONSENT CALENDAR

1. Clerks Report of Posting. The agenda of the August 11, 2025, City Council Meeting was Posted on Wednesday, August 6, 2025. (City Clerk)

3. Approval of Minutes for the July 28, 2025, Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated July 16, 2025, through July 24, 2025. (Esenwein)

5. General Correspondence – Information Only
a. 2025 Public Health Goals. (Royal)
b. PFAS Presence Exceedance Letter. (Royal)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 11, 2025

Page 3 ends

6. Resolution No. 2025-92, Approving a Construction Contract with DSS Company (dba Knife River Construction) for the Hatch Road 18” Water Transmission Main Project (Project No. 2525) in the Amount of $1,895,750.00, Approving a 10% Contingency, Approving a 10% Construction Support Budget, Resulting in a Total Construction Budget Authorization of $2,274,900.00, and Authorizing the City Manager to Execute the Contract. (Beltran)

7. Resolution No. 2025- 93, Approv ing an Amendment to the Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority and Authorizing the City Manager to Execute the Amendment. (Vasquez)

8. Resolution No. 2025- 94, Appropriating Additional Funding for CML- 5241(074) Bike Lane Corridors – Class II and Approving a Budget Amendment in the Amount of $50,000.00. (Beltran)

9. Resolution No. 2025-95, Accepting the George Costa Fields Lighting Grant from the Turlock Irrigation District in the Amount of $69,546.00, Appropriating the Grant Amount to a New Project String, and Authorizing the City Manager to Sign the Award Letter. (Beltran)

10. Removed for separate consideration.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving items 1 – 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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Ite
m 10: Removed for separate consideration by Councilmember Vierra

Resolution No. 2025-96, Approving an Agreement with Access Electric for George Costa Fields Lighting in the Amount of $178,708.00, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (Beltran)

Councilmember Vierra inquired about the budget amendment and prevailing wage.

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 11, 2025

Page 4 ends

Council and staff discussion included the Recreation Facilities fund, prevailing wage, City staff making contact with Ceres Youth Baseball, and the fields that will get new lighting.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 10. 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

UNFINISHED BUSINESS

11. R
esolution No. 2025 -97, Ordering the Levy and Collection of Special Taxes for Fiscal Year 2025/26 within the City of Ceres Community Facilities District No. 1 (Public Services). (Beltran)

Engineering Director, Mike Beltran, introduced the item.

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

Council and staff discussion included residents receiving the services efficiently and how the money is allocated/split.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 11. 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

12. Resolution No. 2025- 98, Ordering the Levy and Collection of Special Taxes for Fiscal Year 2025/26 within the City of Ceres Community Facilities District No. 2 (Public Services). (Beltran)

Engineering Director, Mike Beltran, introduced the item.

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

Angela Huerta asked if the fees were only for FY2025-2026 or if they will continue after.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 11, 2025

Page 5 ends

Mayor Lopez closed public comment.

Council and staff discussion included the impact to general fund reserves.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 12. 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

PUBLIC HEARING

13. R
esolution No. 2025-99, Approving the Fiscal Year 2025-26 Amended Engineer’s Report and Ordering the Levy of Assessments for the 1987 Landscape and Lighting District for Fiscal Year 2025-26. (Beltran)

Engineering Director, Mike Beltran, introduced the item.

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

Kimberly Oliveira asked for clarification regarding the engineer’s assessment.

Mayor Lopez closed the public hearing.

Council and staff discussion included the range of the increase per parcel.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 13. 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

14. Resolution No. 2025-100, Denying the Appeal of Planning Commission’s Approval of Conditional Use Permit (CUP) Application Number 24-09 for a Maverik Fueling Station, Located at the Southeast Corner of Mitchell Road and Rohde Road in Ceres, CA (APN: 041-018-007). (City Manager)

Planning Consultant, Lea Simvoulakis, introduced the item.

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 11, 2025

Page 6 ends

Diane Kindermann, legal counsel for the appellant, spoke in opposition of the project.

Sergio Valdez spoke regarding the traffic study report.

Sunny Ghei spoke in opposition of the project.

Todd Meyers, project applicant, spoke in favor of the project.

Farman Shir spoke regarding the electronic vehicle charging station and site distance and circulation.

George Ghossain spoke regarding the traffic study.

Mayor Lopez closed the public hearing.

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

William Rossi spoke in opposition of the project.

Greg Scudder spoke in support of the project.

AJ Singh spoke in opposition of the project.

Brandy Meyer spoke in support of the project.

Jacob Collins spoke in opposition of the project.

Nirmal Chandi spoke in opposition of the project.

Jagpreet S. spoke in opposition of the project.

Vickram spoke in opposition of the project.

Nirin T. spoke in opposition of the project.

Esam Khacho spoke in favor of the project.

Frank Orosco spoke in opposition of the project.

Mandeep Kaur spoke in opposition of the project.

Ranjeet Singh spoke in opposition of the project.

John Warren spoke regarding the pros and cons of the project.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 11, 2025

Page 7 ends

Galen Guzman spoke in opposition of the project and communication.

Kimberly Oliveira spoke in opposition of the project.

Gene Yeakley spoke in opposition of the project.

City Clerk, Fallon Martin, read an email into the record from Surainder Singh regarding his support of the project

Mayor Lopez closed public comment.

Council and staff discussion included hours of operation, cameras, overnight parking, CEQA, concerns from the Fire Department and Police Department, electronic vehicle chargers, public improvements, previous use permits for the site, traffic mitigation, truck stop verses fueling station, separation of passenger vehicles, zoning.

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

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

15. Ordinance No. 2025-XXXX, An Ordinance of the City Council of the City of Ceres Adding Section 5.19.000, Definitions, Amending Section 5.19.040 – Eligible Organizations, Section 5.19.080 – Chief of Police Investigation, Amending Section

5.19.090 from Summary Suspension or Revocat ion to Renewal of Permit to Operate, Section 5.19.100 from Enforcement to Bingo Location Security, Adding Section 5.19.110 – Conduct of Games, Section 5.19.120 – Financial Records, and Section 5.19.130 – Enforcement, of the Ceres Municipal Code. (Johnson)

City Attorney, Nubia Goldstein, introduced the item.

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

Mike Warda thanked the City Attorney and Police Department for revising the ordinance.

Mayor Lopez closed the public hearing.

Council and staff discussion included enforcement of code and congratulating bingo halls.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 11, 2025

Page 8 ends

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 15. 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

NEW BUSINESS

N
one

DISCUSSION ITEMS

N
one

COUNCILMEMBER REFERRALS

16. R
eestablish the Transient Occupancy Tax Advisory Committee (Requested by Councilmember Otero at the July 14, 2025, Regular City Council Meeeting)

Councilmember Otero introduced the item.

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

Council and staff discussion included why the committee dissolved and the history of the committee.

Council provided consensus for staff to bring back an informational item regarding the summary and history of the committee. (3/2
 No = Lopez & Martinez)

17. Increase Permitted Watering Days from Two to Three Days per Week (Requested by Councilmember Otero on July 22, 2025)

Councilmember Otero introduced the item.

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

Council provided consensus for staff to bring back an item to increase the number of watering days from two to three days per week. (5/0)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 11, 2025

Page 9 ends

REPORTS

•
Mayor

Nothing to report

• City Council

Councilmember Vierra spoke regarding touring the new fire training facility upgrades and a ride along with the Ceres Police Department.

• City Manager

Nothing to report.

• City Attorney

Nothing to report

• Departments

Engineering Director, Mike Beltran, spoke regarding Hatch Road closure at Central Avenue for one to two weeks in November.

CLOSED SESSION

18. C
onference with Labor Negotiators, Cal Gov’t Code §54957.6(a) “Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fridge benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.”
Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

REPORT FROM CLOSED SESSION

M
ayor Lopez stated there was no reportable action.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 11, 2025

Page 10 ends

ADJOURNMENT

The next scheduled City Council Meeting will be held on August 25, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Ther
e being no further business, Mayor Lopez adjourned the meeting at 9:52 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: August 25, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5764
SUBJECT: Register of Audited Demand(s) Dated July 30, 2025, through August 6, 2025
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated July 30, 2025 through August 06, 2025 covering obligations to be paid by general warrants in the amount of $2,127,498.75 I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented here with a summary of demands against the City of Ceres covering obligations to be paid for the period ending July 30, 2025 through August 06, 2025.

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

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

II. REASONS FOR RECOMMENDATION:

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

ITEM 4
III. FISCAL IMPACTS:

The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2024- 25 and FY 2025-26 budget. There is a $2,127,498.75 fiscal impact for the period of July 30, 2025 through August 06, 2025.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

N/A

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Warrant Register July 30, 2025, through August 6, 2025 ITEM 4

ATTACHMENT A
8/11/2025
1 Date PO# Invoice Description Amount
22600002 49.95
22600002 105.00
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 105.00
22600002 105.00
714.60
22600012 184.00
138.00
138.00
460.00
331.30
331.30
22600001 4,620.00
4,620.00
132.42
384.63

37.93 197.24
383.65

25.39 1,161.26Total:

FLOOR MATS, SAFTY GLASSES, ETHERNET STRAIN RELIEF

ELECTRICAL FITTINGS FOR AERATOR REPAIR

TOOL BOX SHELF LINERS FOR TRUCKS

PRINTER INK FOR FLEET
9V BATTERY
Total:
07/29/25 AMAZON CAPITAL SERVICES, INC. NITRILE GLOVES & BATHROOM SPRAY Total:
07/29/25 ALPINE PROTECTIVE SOLUTIONS LLC CITY SECURITY SERVICES FOR EIGHT PARKS Total:
07/29/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC JULY 2025 SCADA STSTEM MANAGED BACK-UPS 07/29/25 209 MULTIMEDIA CORPORATION CC#6-13 PUB IMPRVMNT ORD FINAL (157559)

PUBLIC NOTICE

PUBLIC HEARING NOTICE
FIRE AND SECURITY ALARM SERVICES AT CC 4TH ST.

FIRE AND SECURITY ALARM SERVICES AT PW (FIRE)

FIRE AND SECURITY ALARM SERVICES AT CC (FIRE)
Total:

FIRE AND SECURITY ALARM SERVICES AT CH/ANNEX

FIRE AND SECURITY ALARM SERVICES AT RIVERBLUFF PK

FIRE AND SECURITY ALARM SERVICES AT LEGION HALL

FIRE AND SECURITY ALARM SERVICES AT COSTA FIELDS

FIRE AND SECURITY ALARM SERVICES AT PW CORP YARD
07/29/25 1ST SECURITY & SOUND, INC FIRE AND SECURITY ALARM SERVICES AT PARKS YARD

FIRE AND SECURITY ALARM SERVICES AT WHITMORE HOUSE
FIRE AND SECURITY ALARM SERVICES AT WM 6TH ST.

Voucher List
City of Ceres
ITEM 4

ATTACHMENT A
8/11/2025
2 Date PO# Invoice Description Amount
Voucher List
City of Ceres

91.63 91.63
294.31
477.57
709.00
2,521.00
3,230.00
22600011 7,250.79
7,250.79
22500123 47,318.94
47,318.94
775.80
775.80
220.00
220.00
2,800.00
2,800.00
22500118 3,304.78
3,304.78

25.00 25.00
22500146 2,451.97
2,451.97
2,100.00
2,100.00
1,148.31
1,148.31
424.92
424.92

23.9607/29/25 CRESCENT SUPPLY NEW HIRE UNIFORM-SINGH-ADD PATCHES 07/29/25 CORELOGIC SOLUTIONS, LLC JUN METRO SCAN OLINE ACCESS STAN CO DATE, AERIAL Total:
07/29/25 BRAGG INVESTMENT COMPANY, INC. STANDARD HARDWARE AND ENVIROMENTIAL FEE Total:
07/29/25 CNOA CNOA TUITION REIMBURSIBLE THRU BHRS AGREEMENT Total:
07/29/25 CIVICPLUS, LLC MUNI CODE CODIFICATION SUPPLEMENT 3 Total:
07/29/25 CERES BODY SHOP, INC FLAT TIRE
Total:
07/29/25 CDW-G ANNUAL ADOBE SUBSCRIPTION RENEWAL
Total:
07/29/25 CAREIT CO SB1383 ANNUAL REPORTING SOFTWARE COMPLIANCE Total:
07/29/25 PARDY BOUNTHAVONG EXHAUST FAN SERVICE AT FS 18 Total:
07/29/25 CA BUILDING STANDARDS COMM QE 6/30/2025 CA BUILDING STD FEES Total:
07/29/25 BYRON M PRICE PLANNING & ENG SECURITY IMPROV. RESO2025-01-FY24/2 Total:
07/29/25 BONANDER TRUCK & TRAILER INC. TRAFFIC TRAILER FOR WATER DAPARTMENT Total:
07/29/25 BEAR ELECTRICAL SOLUTIONS, INC TRAFFIC RESPONSE

TRAFFIC SIGNAL ROUTINE MAINTENANCE
Total:
0612-07112025 CALNET SVCS
06/13-7/12/2025 CLETS LINE
Total:
07/29/25 AT&T 06/12/25-07/11/25 CALNET
ITEM 4

ATTACHMENT A
8/11/2025
3 Date PO# Invoice Description Amount
Voucher List
City of Ceres

23.96 22600013 1,386,602.00
1,386,602.00
22600005 5,515.25
5,515.25
290.00
290.00
300.00
300.00
135.00
135.00
270.00
117.05
117.05
145.62
521.63
1,591.37
2,258.62
9,271.04
9,271.04

59.00 59.00
630.00
630.00
115.00
115.00

14.86 14.86
4,656.00
4,656.00Total:

Total:
07/29/25 GOGOVAPPS 07/01/25-06/30/26 GOENFORCE SUBSCRIPTION Total:
07/29/25 GEORGE REED, INC. AP WITHHOLDING: AP RETAINAGE 5% Total:
07/29/25 GEOANALYTICAL LABORATORIES, INC MONTHLY SAMPLE ANALYSIS JULY Total:
07/29/25 GDR ENGINEERING, INC. MAY SVCS WHITMORE RANCH MAP (PROJ: 21041) Total:
07/29/25 FRESNO CITY COLLEGE FTO SUPERVISOR TRAINING Total:
07/29/25 FERGUSON ENTERPRISES, INC 2 HYDRANT CONSTRUCTION METERS 07/29/25 FERGUSON US HOLDINGS, INC PLUMMING PARTS/URINAL FOR FACILITIES

PIPE CUTTER , PUMPS, TAPE

CONCRETE BOX REPLACEMENT CASEWELL/ SCHOOL METER
07/29/25 ELITE SUPPLY SOURCE, INC HAND CLEANER FOR FLEET & WWTP Total:
07/29/25 ELEVATOR TECHNOLOGY, INC. ELEVATOR SERVICE AT CCC

ELEVATOR SERVICE AT PD
Total:
07/29/25 DU-ALL SAFETY, LLC ONLINE TRAINING
Total:
07/29/25 DON'S MOBILE GLASS, INC. LAMINATED PICK-UP 25-250-19 FOR WW Total:
07/29/25 DAVID LANGLEY INC. JULY 2025 MONTHLY MAINTENANCE Total:
07/29/25 CSJVRMA W/C LIABILITY INSURANCE FY 25/26 Total:

Total:

ITEM 4

ATTACHMENT A
8/11/2025
4 Date PO# Invoice Description Amount
Voucher List
City of Ceres
983.50
156.12
1,139.62
388.47

18.51 43.64

59.54 510.16
125.00
4,750.00
4,875.00
7,852.71
7,683.15
15,535.86
125.86

72.59 198.45
20,187.83
19,178.85
150.00
904.51
40,421.19
6,241.87
6,241.87
500.00
22600003 12,000.00
12,500.00
123.55
123.55

86.71 Total:
07/29/25 MARTIN MARIETTA MATERIALS, INC. 1.02 TONS OF ASPHALT FOR CITY PATCHING

PSYCHOLOGICAL SERVICES ANNUAL RETAINER
Total:
07/29/25 KATHRYN FOSTER POLOS, TEES & HOODIES FOR NEW DISPATCHERS Total:
07/29/25 JOCELYN E. ROLAND PH.D., ABPP, INC PRE-EMPLOYMENT PSYCH SCREENING

GENERATOR DOORHANDLE REPAIR AT BLAKER
Total:
07/29/25 INFOSEND, INC. JULY 2025 UB STMT PROCESSING MAIL PREP AND POSTAGE 07/29/25 INDUSTRIAL ELECTRICAL CO. AERATOR 1-2 MOTOR REPLACEMENT AERATOR 1-4 MOTOR REPLACEMENT
GENERATOR SERVICE AT FS 2
07/29/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES

CUSTODIAL SUPPLIES
Total:
07/29/25 HUNT & SONS LLC 7/1-15/24 FUEL FOR PD
7/1-15/24 FUEL FOR PW
Total:
07/29/25 HAO VAN LE PRECISION MONTHLY ANALYSIS JULY PRECISION 3RD QUARTER SAMPLING & ANALYSIS
Total:

SAMPLER TUBING
WIRE FOR FLEET 30-518-24

HOSE AND FITTINGS
Total:
1 GAL BATTERY RECYCLING KIT
Total:
07/29/25 GREEN RUBBER-KENNEDY AG FILL HOSE & VALVE FOR FLUSHING TRUCK 07/29/25 GRAINGER 250 FUSES FOR STREET LIGHT REPAIR ITEM 4

ATTACHMENT A
8/11/2025
5 Date PO# Invoice Description Amount
Voucher List
City of Ceres

86.71 10.00

10.00 10.00

38.54 48.54
267.45
267.45

84.13 84.13
136.80
152.62

67.80 357.22
22600006 1,407.63
22600006 1,407.63
2,815.26
1,269.50
1,269.50
1,571.44
1,571.44

86.68 86.68
117.74
323.01
440.75
2,573.92
31,685.05
33,573.79
756.5507/29/25 PRICE FORD OF TURLOCK, INC. OUTSIDE LABOR REPAIR ON PD VEHICLE 10-102 07/29/25 PACE SUPPLY CORP CURBSTOP/COUPLINGS-STOCK

WATER METERS
Total:
07/29/25 ODP BUSINESS SOLUTIONS, LLC PENS & TONER TONER
Total:
07/29/25 ODP BUSINESS SOLUTIONS, LLC PARCHMENT PAPER FOR FORMAL SWEARING IN Total:
07/29/25 NVB EQUIPMENT INC. SCAN TOOL UPDATE
Total:
07/29/25 NORTHSTAR CHEMICAL CL2 FOR WELL #41
Total:
07/29/25 MOTOROLA SOLUTIONS, INC AUG 2025 MOTOROLA RADIO MAINTENANCE JUL 2025 MOTOROLA RADIO MAINTENANCE
Total:

GALV PARTS FOR BACKFLOW AT EL CAMINO
SAMPLE PORT PARTS AT WELL #42
Total:

Total:
07/29/25 MODESTO WINDUSTRIAL CO FITTINGS FOR AERATOR REPLACEMENT Total:
07/29/25 MODESTO STEEL COMPANY, INC ½" SAW CUTTING FLAT PLATE 7/21/25 UNIFORM SERVICE FACILITIES
Total:
07/29/25 MODESTO BATTERY COMPANY & SUPPLIES, INC. EQUIPMENT BATTERIES Total:
07/29/25 MISSION LINEN SUPPLY 7/28/25 MATS FOR PW ADMIN BUILDING Total:
07/29/25 GRACIELA CANDIDO REIMBURSEMENT OF CITE SIGN-OFF ADMIN FEE ITEM 4

ATTACHMENT A
8/11/2025
6 Date PO# Invoice Description Amount
Voucher List
City of Ceres
756.55Total:

ITEM 4

ATTACHMENT A
8/11/2025
7 Date PO# Invoice Description Amount
Voucher List
City of Ceres
22500109 470.10
470.10
365.50
365.50
209.56
209.56

35.78 35.78
49,564.66
49,564.66
2,000.00
2,000.00
4,000.00
48,613.00
48,613.00
22500137 8,150.00
8,150.00
225.00
225.00
5,073.72
5,073.72

40.00 1,052.00
640.00
1,732.00
1,233.31
1,233.31
246.69
246.69
3,481.01
Total:
07/29/25 UNITED ROTARY BRUSH CORPORATION 16 BLUE STEEL BRUSHES FOR STREET SWEEPER Total:
07/29/25 TURF STAR INC WASTEWATER TORO
Total:
07/29/25 TELEDYNE INSTRUMENTS, INC EFFLUENT SAMPLER COOLING FAN & MOTOR 07/29/25 STANISLAUS COUNTY SHERIFF'S DEPT STOP TRAINING SERVICE FEE

STOP TRAINING

STOP EVOC TRAINING
07/29/25 STANISLAUS COUNTY AUDITOR-CONT RADIO MAINTENANCE REMAINING BILL FOR 2024-25 Total:
07/29/25 STANISLAUS CARDIOLOGY STRESS TESTS FOR POLICE OFFICERS Total:
07/29/25 SOCAL WATER PRO, LLC CROSS-CONNECTION CONTROL PLAN Total:
07/29/25 SADDLE CREEK CORP BUSINESS LICESE FEES RFND 12/31/22-06/30/24 Total:
07/29/25 ROSS-CAMPBELL, INC BEVERAGE CONTAINER GRANT PROMO ITEMS SB1383 LOCAL ASSISTANCE GRANT PROMO ACTIVITIES
Total:
07/29/25 ROLFE CONSTRUCTION INC. 5% RET RELEASE: RICHLAND SANITARY SWR RPLMNT Total:
07/29/25 RAYCO INDUSTRIAL SUPPLY INC TOOLS FOR FACILITIES DEPT.

Total:
07/29/25 R&H WHOLESALE SUPPLY, INC PADS LOCKS FOR FACILITIES Total:
07/29/25 R & S ERECTION TRI-COUNTY INC OVERHEAD DOOR REPAIR AT FS 2 Total:
07/29/25 PROVOST AND PRITCHARD ENGINEERING, INC JUN 2025 WELL 22 GRANULAR ACTIVATED CARBON Total:

ITEM 4

ATTACHMENT A
8/11/2025
8 Date PO# Invoice Description Amount
Voucher List
City of Ceres
3,481.01

87.68 87.68

83.00 373.50
456.50
22500056 6,180.00
6,180.00
12,272.16
3,404.02
103.94
554.32
5,404.62
1,143.28
13,277.44
373.36
4,781.01
2,736.96
1,247.22
3,363.83
48,662.16
22500117 985.00
22500117 6,070.00
7,055.00

45.56 1,320.50
1,366.06
300.00
300.00Total:

SO CORD FOR AERATOR 1-4
Total:
08/06/25 1ST SECURITY & SOUND, INC ALARM INSTALL FOR PARKS SHOP WTR & WW RATE STUDY UPDATE AGRMNT RESO25-017 FY25
Total:
07/29/25 WILLE ELECTRIC SUPPLY, INC. AERATOR 1-2 FITTINGS JUN2025 MITSOPOULAS LEGAL SERVICES
Total:
07/29/25 WILLDAN FINANCIAL SERVICES WTR & WW RATE STUDY UPDATE AGRMNT RESO25-017 FY25 JUN2025 TOW ONE LEGAL SERVICES
JUN2025 LITIGATION LEGAL SERVICES
JUN2025 CONTRACTS LEGAL SERVICES
JUN2025 LABOR & EMP LEGAL SERVICES
JUN2025 REAL ESTATE LAND USE LEGAL SERVICES
JUN2025 HR LEGAL SERVICES
JUN2025 CODE ENF LEGAL SERVICES
JUN2025 SOLID WASTE LEGAL SERVICES
JUN2025 CANNABIS LEGAL SERVICES
JUN2025 NEGOTIATIONS LEGAL SERVICES
Total:
07/29/25 WHITE BRENNER LLP JUN2025 GEN MUNI LEGAL SERVICES JUNE 25 INVESTIGATION FEES
Total:
07/29/25 WEST COAST ARBORISTS, INC. ARPA EMERGENCY TREE MAINTENANCE AND REMOVAL Total:
07/29/25 VAN DERMYDEN MAKUS LAW CORPORATION JUNE 25 INVESTIGATION SERVICES Total:
07/29/25 UNITED SITE SERVICES FENCE RENTAL ROCKAFELLER 06/02- 06/29/25 ITEM 4

ATTACHMENT A
8/11/2025
9 Date PO# Invoice Description Amount
Voucher List
City of Ceres

52.00 184.00
161.00
397.00
100.00
100.00
1,172.09
1,172.09

11.90 11.90
22600017 6,505.00
6,505.00
155.40

91.63 151.68
498.03

61.61 28.18

64.04 31.58
284.09
159.03

31.58 214.66
155.40
1,926.91
5,055.19
5,055.19

87.36 87.36Total:

Total:
08/06/25 AT&T MOBILITY 06/24-07/23/25 MODEMS FOR PD/FIRE VEHICLES Total:
08/06/25 AT&T JUL 5 - AUG 4 2025 PHONE SVCS SHORETEL 06/07/2025 - 07/06/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
06/06/2025 - 07/05/2025 CALNET SVCS
08/06/25 AT&T 06/07/25 - 07/06/25 CALNET SVCS
06/06/2025 - 07/05/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
08/06/25 ANIMAL DAMAGE MANAGEMENT INC PEST CONTROL SERVICES FOR ALL CITY FACLITIES/PARKS Total:
08/06/25 AMAZON CAPITAL SERVICES, INC. TAG FOR TRUCK KEYS Total:
08/06/25 ALL WEST EQUIPMENT COMPANY WELL 38 MOV REPLACEMENT Total:
08/06/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC AUGUST 2025 SCADA SERVER MONTHLY MONITORING Total:

PUBLIC HEARING NOTICE-LEGAL AD CC#7-1 7/21/25 PC
LEGAL AD: PH NOTICE CC#7-5 - MAVERIK APPEAL REV.

Total:
08/06/25 209 MULTIMEDIA CORPORATION 2025-2026 ANNUAL NEWSPAPER SUBSCRIPTION ITEM 4

ATTACHMENT A
8/11/2025
10 Date PO# Invoice Description Amount
Voucher List
City of Ceres
498.47
498.47
791.11
791.11
299.48
299.48
242.20

77.38 77.38
396.96

25.00 25.00
4,592.00
4,592.00
101.87
101.87
143,249.07
143,249.07
666.00
666.00
22600005 5,515.25
5,515.25
10,240.92
10,240.92
1,610.00
1,610.00
1,539.74
511.28
2,051.02
22500044 5,394.0008/06/25 GDR ENGINEERING, INC. MAR-JUN 25-WELL 42-27(GAC)VESSELS/BLENDING 08/06/25 FERGUSON US HOLDINGS, INC HYDRANT REPLACEMENT EVANS/HERNDON MIERO HOTEL

LARGE CONCRETE BOX- METER BOX
Total:
08/06/25 E&M ELECTRIC AND MACHINERY, INC AVEVA WEB SERVICES Total:
08/06/25 DELTA DENTAL OF CALIFORNIA AUGUST 2025 DELTA DENTAL INSURANCE PREMIUMS Total:
08/06/25 DAVID LANGLEY INC. AUGUST 25 MONTHLY JANITORIAL SVCS Total:
08/06/25 CLARK PEST CONTROL, INC, MIDGE/VECTOR ABATEMENT JULY 2025 Total:
08/06/25 CITY OF MODESTO 5/31-6/30/25 NORTH CERES SEWER SRVCS FY24/25 HOS Total:
08/06/25 CHARTER COMMUNICATIONS BALANCE DUE AFTER CANCELLING SERVICES Total:
08/06/25 CHARLOTTE ROSE EWING 2025 SUMMER DANCE CLASSES INSTRUCTOR SVCS Total:
08/06/25 CERES BODY SHOP, INC TORO TRACKER MOWER
Total:

FILL DIRT- WAYNEBORO SERVICE LINE REPLACEMENT
FILL DIRT SERVICE LINE REPAIR @ LAUREL AVE
Total:

Total:
08/06/25 CALIFORNIA LANDSCAPE SUPPLY, INC. 1YD OF CONCRETE FOR FOWLER E STORM LIFT STATION Total:
08/06/25 PARDY BOUNTHAVONG HVAC BLAKER- WATER DEPT Total:
08/06/25 CA STATE DEPT OF CONSERVATION QE 6/30/2025 SMI FEES 08/06/25 CA DEPT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE SHARE OF COST ITEM 4

ATTACHMENT A
8/11/2025
11 Date PO# Invoice Description Amount
Voucher List
City of Ceres
5,394.00
140.00
140.00

37.80 696.15

45.00 1,258.95
1,959.95
1,258.95
145.00

90.00 42.80
696.15

42.80 37.80
6,591.35
22300043 9,840.95
9,840.95
283.79
389.64
673.43

50.33 50.33
327.23
260.58
270.00
857.81
1,529.98
370.86
1,900.84
08/06/25 IMPERIAL BAG & PAPER CO. LLC CAN LINERS

CUSTODIAL SUPPLIES
Total:

SEMI-ANNUAL HOOD SERVICE @ LH

FIRE EXTINGUSHER SERVICE CORP YARD
Total:

Total:
08/06/25 I.C. REFRIGERATION SERVICE, INC. SEMI- ANNUAL HOOD SERVICE @ CCC

HVAC FITTERS
Total:
08/06/25 GREEN RUBBER-KENNEDY AG COUPLER FOR WRRF IRRIGATION REPAIR Total:
08/06/25 GRAINGER IMPACT WRENCH FOR LIFT STATION

DRINKING WATER NITRATE SAMPLES
Total:
08/06/25 GOUVEIA ENGINEERING, INC. PLANNING SERVICES JUNE 25

DRINKING WATER BACTI SAMPLES

DRINKING WATER NITRATE SAMPLES

DRINKING WATER BACTI SAMPLES

DRINKING WATER NITRATE SAMPLES

DRINKING WATER BACTI SAMPLES

DRINKING WATER- WATER QUALITY SAMPLES
WELL 16 NITRATE SAMPLES

DRINKING WATER - WATER QUALITY SAMPLES
08/06/25 GEOANALYTICAL LABORATORIES, INC TURLOCK EXPERT EFFLUENT ANALYSIS JULY #2 TURLOCK EXPORT EFFLUENT ANALYSIS JULY #1
WELL 16 NITRATE SAMPLES
Total:

ITEM 4

ATTACHMENT A
8/11/2025
12 Date PO# Invoice Description Amount
Voucher List
City of Ceres
715.00
715.00
500.00
500.00
113.25
113.25
500.00
500.00

54.78 42.72

28.04 111.32
236.86

25.20 22.40

59.66 107.26
2,149.74
2,149.74
1,006.02
1,006.02
8,452.50
8,452.50
135.00
135.00
306.68
306.68

56.72 56.72
925.0008/06/25 ALICIA VILLASENOR VILLASENOR P8049 6/21/25 RFND CC LRG RM 08/06/25 RAYCO INDUSTRIAL SUPPLY INC PLIER/CHISEL- FOR ON CALL TRUCK Total:
08/06/25 R&H WHOLESALE SUPPLY, INC PAD LOCKS FOR PARKS Total:
08/06/25 PACIFIC STORAGE COMPANY SHREDDING OF 2024 PURGE DOCUMENTS Total:
08/06/25 NORTHSTAR ENGINEERING GROUP, INC. PLANNING SERVICES - JUNE 2025 Total:
08/06/25 NORTHSTAR CHEMICAL CL2-WELL #27
Total:
08/06/25 NBS GOVT FINANCE GRP INC DIST. ADMIN-CFD/SPECIAL TAX-PROF.SVS. 1STQ FY25/26 Total:

RED HEAD ANCHORS AT EL CAMINO ROUNDABOUT
PVC PIPE 1" FOR SERVICE TRUCK
Total:
7/28/25 UNIFORM SERVICE WTR/WTR CONSERVATION
Total:
08/06/25 MODESTO WINDUSTRIAL CO PVC ADAPTERS/ STOCK 08/06/25 MISSION LINEN SUPPLY 7/28/25 UNIFORM SERVICE WASTEWATER 7/28/25 UNIFORM SERVICE STREETS
7/28/25 UNIFORM SERVICE FACILITIES
08/06/25 T. HUDSON HUDSON - FBI ACADEMY TRIP #2 Total:
08/06/25 MIDWEST MOTOR SUPPLY CO. INC. SCREWS FOR FLEET DEPT.

Total:
08/06/25 JOCELYN E. ROLAND PH.D., ABPP, INC PRE-EMPLOYMENT PSYCH TEST FOR PD Total:
08/06/25 JANA KIRCHERT 7/21-31/25 GET FIT/ZUMBA GOLD/AQUAFIT CLASSES Total:

ITEM 4

ATTACHMENT A
8/11/2025
13 Date PO# Invoice Description Amount
Voucher List
City of Ceres
925.00
22500106 6,095.00
6,095.00
2,928.95
2,928.95
400.00
400.00
6,375.08
6,375.08
22300045 6,750.00
22300045 6,750.00
13,500.00

14.97 14.97
22500121 14,753.75
22500121 18,708.75
22500122 14,611.25
22500122 17,576.25
22500034 1,333.06
22400054 2,533.00
69,516.06
22500043 944.66
944.66
2,000.00
2,000.00

71.53 80.20
407.49
559.22
2,127,498.75
Total:

Vouchers in this report Total vouchers:
08/06/25 WILLEY PRINTING CO., INC. BUSINESS CARDS - PLANNING DEPARTMENT

BUSINESS CARDS - JULIAN AGUIRRE

ENVELOPES - COMMUNITY DEVELOPMENT
08/06/25 WILLDAN FINANCIAL SERVICES ARBITRAGE REBATE SRVCS FOR SUCCESSOR AGENCY CRA Total:
08/06/25 WESTWOOD PROFESSIONAL SERVICES CENTRAL & HACKETT CORRIDOR PED SAFETY ARGMNT (081) Total:

JUN 25 CENTRAL AVE RECON PROJ (S.OF HWY 99)#25-015
MOFFETT RD REHAB PROJ AGRMNT/SWR RPLMNT RESO#24-57
PARKS AND RECREATION MASTER PLAN RESO23-123 FY23/2
Total:
08/06/25 WESTWOOD PROFESSIONAL SERVICES MAY 25 N.CENTRAL AVE RECONST(N.OF HWY 99)AGRMNT #3 JUN 25 N.CENTRAL AVE RECONST(N.OF HWY 99)AGRMNT #3
MAY 25 CENTRAL AVE RECON PROJ(S.OF HWY 99)#25-015
08/06/25 TROPHY WORKS, INC. COUNCIL NAME PLATE POLICE CHIEF Total:
08/06/25 THE LEW EDWARDS GROUP PLANNING, COMMUNICATION & ENGAGEMENT SERVICES

PLANNING, COMMUNICATION & ENGAGEMENT SERVICES
Total:
08/06/25 T-MOBILE USA, INC JUN 21- JUL 20 2025 T-MOBILE PHONE SVCS Total:
08/06/25 STANISLAUS COUNTY BLOUNT/AMADOR: TUITION EMOTIONAL INTEL 08/12/2025 Total:
08/06/25 STANDARD INSURANCE AUGUST 2025 BASIC/VOLUNTARY LIFE INSURANCE PREMS Total:
08/06/25 SNS AUTOMATION PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION Total:

Total:

ITEM 4
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL

Trenton Johnson, Police Chief
[email protected], (209) 538-5726

Keith Griebel, Police Lieutenant
[email protected], (209) 538-5723
SUBJECT: Resolution No. 2025-XXX, Authorizing an Application Submittal to the U.S. Department of Justice, Bureau of Justice Assistance for a 2025 Edward Byrne Memorial Justice Assistance Grant
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize an application to the U.S. Department of Justice, Bureau of Justice Assistance for a 2025 Edward Byrne Memorial Justice Assistance Grant (JAG) I. BACKGROUND:

The purpose of this grant is to help law enforcement agencies improve or enhance their law enforcement-related programs or projects. The program allocates funds based on a formula with no match requirement.

II. REASONS FOR RECOMMENDATION:

The grant will be utilized to provide funding to cover backfill and overtime costs incurred by SWAT and K9 trainings.

These bi-monthly trainings allow our officers to train in their collateral assignments and develop skills as individuals and as teams to prepare them for crisis situations.

III. FISCAL IMPACTS:

The awarded g rant money will help cover the backfill and overtime expenditures for SWAT and K9 trainings.

ITEM 5
Pros: By allowing staff to apply for this g rant, the strain on the department’s annual overtime budget will be alleviated by the amount of the grant award.

Cons: By not allowing staff to apply for the g rant, the backfill and overtime expenditures will need to be paid out of the current 2025-26 budget, putting additional strain on an overtime budget that is already stretched thin.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This approval is in relation to the Government Operations section of the Strategic Plan to “Provide quality services to meet community needs, assuring that the City has helpful, well-trained, properly equipped and sufficient staff…to provide efficient services.” V. POLICY ALTERNATIVES:

Council could choose to not approve the application for this grant. Staff would be unable to continue their SWAT and K9 Trainings as these expenditures have not been budgeted in the 2025-26 FY Budget.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval from council, staff will proceed with the application for the Bureau of Justice Assistance 2025 Edward Byrne Memorial Justice Assistance Grant allocation.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

ITEM 5

ATTACHMENT A
RESOLUTION NO. 2025-XXX

AUTHORIZING AN APPLICATION SUBMITTAL TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR A 2025 EDWARD BYRNE

MEMORIAL JUSTICE ASSISTANCE GRANT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (JAG) provides funding to law enforcement agencies to support activities that prevent and control crime and improve the criminal justice system; and

WHEREAS, the money received from this grant will fund training for the critical response teams of the Ceres Police Department; and

WHEREAS, there is not fiscal impact to the General Fund.

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby authorize an application submittal to the U.S. Department of Justice, Bureau of Justice Assistance for a 2025 Edward Byrne Memorial Justice Assistance Grant.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25
th day of August 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 5
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: August 25, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, PE, Director Of Engineering [email protected], (209) 538-5792
SUBJECT:

Resolution No. 2025-XXX, Approving the Project Agreement to the Master Agreement for Professional Consultant Services with Kleinfelder, Inc., for Construction Observation and Materials Testing Services for the Hatch Road 18” Transmission Line Ph2 (2525) Project in the A mount of $31,701.06, Approving a $10,000 Contingency, and Authoriz ing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a resolution authorizing the execution of a Project Agreement under the Master Agreement for Professional Consultant Services with Kleinfelder, Inc., in the amount of $31,701.06, for Construction Observation and Materials Testing Services for the Hatch Road 18” Transmission Line Phase 2 (Project No. 2525). Staff also recommends approval of a $10,000 contingency and authorization for the City Manager to execute the agreement.

I. BACKGROUND:

Phase 2 of the Hatch Road Water Transmission Line project involves the installation of approximately 2,000 linear feet of 18- inch water transmission main. This extension is a critical component in the build-out of the City’s surface water transmission system and is intended to improve system -wide water circulation and address low pressure issues, particularly in areas north of Hatch Road.

A jack-and-bore method will be used to install the pipeline beneath the Turlock Irrigation District Lateral Canal at Central Avenue.

II. REASONS FOR RECOMMENDATION:

While City staff will provide oversight, additional support is required from a qualified professional firm to perform construction observation and materials testing services.

ITEM 6
Kleinfelder, Inc. will conduct critical inspections and compaction testing for soils, base, and asphalt during trench backfill operations. The firm will also provide support and monitoring during the jack-and-bore process beneath the canal, ensuring compliance with applicable standards and reducing the risk of trench or surface failure.

III. FISCAL IMPACTS:

Sufficient funds are available in the following accounts to fully cover the cost of these services:
• 52795.800500 (2525)
• 54095.800500 (2525)
This project will not require the use of General Fund resources.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first goal of the Strategic Plan:

Infrastructure: Ensure that the community has adequate, well-maintained infrastructure that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

The City Council may choose not to approve the resolution. However, this would eliminate the use of a professional testing and observation firm for the project, significantly increasing the risk of long-term trench or pavement failures due to inadequate compaction or improperly executed construction techniques.

VI. INTERDEPARTMENTAL COORDINATION:

The Engineering Department has coordinated closely with the Public Works Department – Water Division to plan and manage this phase of the project.

VII. PUBLIC PARTICIPATION:

No committee meetings or formal public outreach are required for this item. However, the selected construction contractor will be responsible for providing advance notification to nearby residents and businesses regarding any construction impacts, including road closures or access limitations.

VIII. ENVIRONMENTAL REVIEW:

This project has been environmentally reviewed and cleared under the approved Environmental Impact Report (EIR) for the overall transmission line project.

IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the City Manager will execute the agreement with Kleinfelder, Inc., and staff will proceed with scheduling the necessary inspection and testing services in coordination with the construction timeline.

ITEM 6

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Project Agreement
ITEM 6
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING THE PROJECT AGREEMENT TO THE MASTER

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH
KLEINFELDER, INC., FOR CONSTRUCTION OBSERVATION AND
MATERIALS TESTING SERVICES FOR THE HATCH ROAD 18”
TRANSMISSION LINE PH2 (2525) PROJECT IN THE AMOUNT OF
$31,701.06, APPROVING A $10,000 CONTINGENCY, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Hatch Road Project was included in the capital improvement project list and will be funded by existing account number 52795.800500 and 54095.800500; and

WHEREAS, the City of Ceres is implementing Phase 2 of the Hatch Road 18” Water Transmission Line project to enhance water circulation and improve pressure in the northern areas of the city; and

WHEREAS, the project requires construction observation and materials testing services to ensure quality assurance and compliance with applicable standards, including trench backfill compaction and support during jack-and-bore operations; and

WHEREAS, Kleinfelder, Inc. is a qualified firm under the City's Master Agreement for Professional Consultant Services and has submitted a proposal to provide the necessary testing and observation services for the project; and

WHEREAS, staff recommends approving a Project Agreement to Kleinfelder, Inc., in the amount of $31,701.06 and approving a contingency in the amount of $10,000 for potential unforeseen testing services; and

WHEREAS, sufficient funding for this work is available in accounts 52795.800500 (2525) and 54095.800500 (2525); and

WHEREAS, this project does not require the use of General Fund resources.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the project agreement to the master agreement for professional consultant services with Kleinfelder, Inc., for construction observation and materials testing services for the H atch Road 18” Transmission Line Ph2 (2525) project in the amount of $31,701.06, approves a $10,000 contingency, and authorizes the City Manager to execute the agreement.

ITEM 6

ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of August 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 6

ATTACHMENT B

PROJECT AGREEMENT No. 1

TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

FOR CAPITAL PROJECTS

Providing: Construction Observation and Material Testing Services described in Exhibit A

Professional Consultant Services for
City of Ceres Engineering Department
Project – Hatch Road Transmission Line Ph2 (2525)

This Project Agreement is made this 25 th day of August 2025, by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and Kleinfelder, Inc., a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.

RECITALS

A. Following a Request for Qualifications (“RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Capital Projects (“Master Agreement”) on July 14, 2025.

B. City seeks to hire an independent contractor to perform Construction Observation and Materials Testing services to assist the City with the Hatch Road Transmission Line Ph2 (the “Project”).

C. Consultant has made a proposal to the City to provide such professional engineering services for the Project. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement, the Master Agreement, and the Amendment.

D. The Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A. The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement.

E. The Parties have outlined the rates and method of payment to consultant for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in the Scope of Services in Exhibit A.

ITEM 6

PROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND
KLEINFELDER, INC.

Page 2 ends

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

AGREEMENT

Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.

Section 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A.

Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.

Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement and the Amendment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.

Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Master Agreement. City’s total compensation to Consultant shall be on a time and materials, not to exceed sum of $31,701.06 (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.

Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice to Proceed”). The Performance Schedule shall be adjusted for a start ITEM 6

PROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND
KLEINFELDER, INC.

Page 3 ends

date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.

Section 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Section 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

Section 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.

Exhibit Designation Exhibit Title
Exhibit A: Scope of Services

Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with ITEM 6

PROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND
KLEINFELDER, INC.

Page 4 ends

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

If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
cityclerk@ ceres.gov

With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Engineer
Tel: (209) 538-5792
[email protected]

and White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.

Tel: (916) 468-0950
[email protected]

If to Consultant: KLEINFELDER, INC.
3649 W. Holland Ave, Suite 105
Fresno, California, 93722
Attention: Stephen Plauson, P.E.

Tel: (559) 406-0750
[email protected]

Section 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.

ITEM 6

PROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND
KLEINFELDER, INC.

Page 5 ends

Section 14. General Provisions

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

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

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

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

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

14.5. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

13.6. Entire Agreement. This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to ITEM 6

PROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND
KLEINFELDER, INC.

Page 6 ends

the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.

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

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

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

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

14.11. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 24 of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

14.12. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

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

[SIGNATURES ON FOLLOWING PAGE.]

ITEM 6

PROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND
KLEINFELDER, INC.

Page 7 ends

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.

Dated: ______________________, 2025

Dated: ______________________,
2025

CITY OF CERES, a municipal corporation

By____________________________
Signature

Douglas Dunford, City Manager
Name and Title

CONSULTANT

By_____________________________

Signature

Stephen Plauson, Principal
Name and Title

APPROVED AS TO FORM

_______________________________
Nubia I. Goldstein, City Attorney

ITEM 6
LOCALMKT.WEOH/STO25P184738R1 Page 1 of 7 July 24, 2025
© 2025 Kleinfelder Revised July 25, 2025
KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700

July 24, 2025
Revised July 25, 2025

Michael Beltran
Director of Engineering
2220 Magnolia Street
Ceres CA, 95307
[email protected]>
Subject: Proposal to provide Materials Testing and Inspection Services Hatch Road 18 in. Water Transmission Line Project

Dear Michael Beltran:

Kleinfelder is pleased to present this proposal to provide construction materials testing and inspection services for the subject project per the current on-call agreement between the city of Ceres and Kleinfelder Inc. The purpose of our services will be to provide the City of Ceres (or your representative) and your design professionals with field data and information to assess conformance with the project plans and specifications. We welcome the opportunity to be part of the Project Team. The following proposal presents: our understanding of the project, the scope of services we anticipate providing, our assumptions, fee estimate, authorization, and our limitations.

PROJECT UNDERSTANDING

We understand that the project will consist of Construction Materials Testing (CoMET) services during construction of the Hatch Road Water Transmission Line Project in Ceres California. Kleinfelder understands that the project will consist of the following items.

• Approximately two thousand fifteen (2015) lineal feet of 18-inch water main piping replacement per the project plans and specifications including approximately two hundred (200) lineal feet of Jack and Bore pipe installation.
• Removal and replacement of raised center medians disturbed by construction activities.

The project falls under the jurisdiction of the City of Ceres Engineering Department.

Our understanding of the project is based on our experience with similar projects in the same jurisdiction and a cursory review of the following documents provided by the City of Ceres Engineering Department:

• Email correspondence, Subject Line: “request for cost proposal” dated July 22, 2025 • Project plans titled “Hatch Road 18” transmission Line Project” dated May 29, 2025. • Geotechnical Engineering Report-Crawford & Associates. Dated December 2023

If the project understanding is different than described, please contact us so we can adjust our scope.

ITEM 6
LOCALMKT.WEOH/STO25P184738R1 Page 2 of 7 July 24, 2025
© 2025 Kleinfelder Revised July 25, 2025
KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700

SCOPE OF SERVICES

The scope of services for this project was based on information provided by Michael Beltran representing the City of Ceres Engineering Department. The estimated durations, quantities and services should be considered approximate and subject to change based on the contractor’s actual methodology and schedule. Kleinfelder will provide a Project Manager to coordinate and provide oversight of our field personnel for our services. The Project Manager and main point of contact assigned to this project is anticipated to be Lance Young. The Project Manager will receive support from Kayla Barrera, our dispatcher, and Johan Jacobsen, our CoMET Program Manager. Kleinfelder will staff the project from our Stockton California office with inspectors and technicians appropriately qualified to perform inspection services on each element of work being observed, tested, or inspected. The following lists the anticipated scope of services and proposed team members to be provided by Kleinfelder:

GEOTECHNICAL OBSERVATION AND TESTING (Reporting Role Only)

Although Kleinfelder is proposing to perform soils related testing and inspection for this project this will be in a testing and reporting role only.

Utility Trench Backfill Compaction Testing

Kleinfelder will provide a field representative to test that the compaction of fill required to backfill utility excavations and raise site grades to proposed subgrade elevations is carried out in general accordance with the contract drawings and project specifications. This service will be performed by qualified personnel using nuclear, moisture-density gauges or alternative methods as deemed appropriate.

Specific items included with this service are outlined below.

• Visual observation and laboratory testing of fill materials for suitability and compliance with specifications.
• Observation and documentation of the compaction procedure, and performance of in-place density tests using a nuclear, moisture-density gauge to verify the specified percent compaction. • Laboratory testing will be performed to determine the moisture-density relationship of fill materials for subsequent use in compaction control, as required. • Laboratory soils testing and field compaction testing will be performed in accordance with the project specifications under the direction of a professional engineer, licensed in the state of California.
• Upon completion of backfill activities, we will prepare a letter summarizing backfill activities, laboratory testing performed, and field density testing results as well as a test location plot map.

Asphalt Concrete Testing

Our services will include field density testing during the placement of asphalt concrete pavement. Batch tickets will be verified for conformance to the project plans and samples will be obtained at the project site and delivered to our laboratory for testing if requested by the City of Ceres. Field sampling and testing services will include nuclear density testing, sampling of mixtures used, coring of in-place compacted asphalt concrete (if requested by jurisdiction), and preparation of daily summary reports of our field activities. Batch plant inspection can be performed at the discretion of the jurisdiction, but due to the minimal amount of tonnage anticipated, has not been included in our Fee scope at this time.

ITEM 6
LOCALMKT.WEOH/STO25P184738R1 Page 3 of 7 July 24, 2025
© 2025 Kleinfelder Revised July 25, 2025
KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700 Geotechnical Observation and Testing

Our Senior Project Manager will review the daily progress reports during utility trench backfill operations. Items found in non-compliance with the project requirements will be brought to the immediate attention of the general contractor, designated design professionals, and your responsible representative.

Laboratory Testing Services

Laboratory testing will be performed in conjunction with the field-testing and observation described above in accordance with the plans, specifications, and local jurisdictional requirements to evaluate that the materials comply with project requirements and are suitable for their intended use:

PROJECT MANAGEMENT & REPORTS

Project Management

The project manager, or a qualified representative, will review the daily progress reports during construction. Our team will bring items found in non-conformance with the project requirements to the immediate attention of the general contractor’s construction superintendent, designated design professionals, and/or your responsible representative. During the project, the Senior Project Manager will conduct periodic field visits as needed. When the project is completed, we will provide a final summary report to document the conducted inspection services.

Preconstruction Meeting & Report / Plan Review

A Kleinfelder representative will attend a preconstruction conference to review the project requirements and testing guidelines. The budget allows for one two-hour meeting at the project site. In preparation for the meeting, the project manager will perform a review of the project plans, specifications, and contractor schedule.

Reports

Kleinfelder’s project manager will oversee the field staff assigned to the project to oversee that our services are provided in a manner that meets the standard of care. Kleinfelder’s qualified field staff will prepare daily field and testing reports detailing work items observed. A copy of these reports will be provided after the reports have been reviewed and approved by our project manager. Items found in non-conformance with the project requirements will be brought to the attention of the contractor and the City of Ceres’s responsible representative upon discovery. Our manager will also be available to attend project meetings as necessary or as requested throughout the project life.

ESTIMATED FEES

Based on the scope of services provided, we have developed a tentative budget estimate of $31,701.60 (Attachment A). Should the construction schedule require a lesser or greater amount of service than that estimated herein, the cost for construction testing services would vary accordingly. A detailed summary of our estimated fees is presented in Attachment A, for your review.

ITEM 6
LOCALMKT.WEOH/STO25P184738R1 Page 4 of 7 July 24, 2025
© 2025 Kleinfelder Revised July 25, 2025
KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700 We propose our services be compensated on a time-and-expense basis.

While we are diligent in our review of the project schedule and plans, deviations may occur once the project begins. The actual cost of our services will depend on the contractor's efficiency, actual schedule and progress, as well as the impact of weather and work stoppages. These occurrences are beyond our control. Our total fees may fluctuate depending on the quality and performance of the construction materials used, the contractor’s approach and scheduling of construction sequences, jurisdictional requirements, other unknown events, and work force.

Kleinfelder will attempt to coordinate our services with the contractor’s site superintendent or your designated representative to efficiently service the project. The fees above do not anticipate overtime work on the project. If overtime is required, the overtime work rates are charged 1.5 higher than the rates listed in Table 1. Overtime is defined as work on the project by a single person, exceeding 8-hours per day, weekends, night shifts, and/or holidays. Overtime may significantly impact our testing and inspection budget for the project. Please be aware that contractor scheduling and performance are the primary cause for overtime. Efficient contractor performance and scheduling minimize additional testing and inspection time, resulting in lower total fees. When conditions arise that are beyond our control, were unknown at the time this proposal was prepared, unanticipated based on the available information, or differ significantly from the assumptions shown below, we may need to revise our scope of work and estimated fees to complete the project. If this occurs, we will contact you for authorization before exceeding the project budget.

ASSUMPTIONS AND EXCLUSIONS

Based on information available during our preparation of this proposal, the following assumptions apply:

• Kleinfelder will provide services on a part-time and continual basis as scheduled by the City of Ceres’s responsible representative.
• Designated representatives will coordinate, and schedule inspections and testing needs a minimum of 24 hours in advance.
• Hourly Rates shall be escalated annually on January 1 of each calendar year, starting 12/31/26.Labor escalation Rate to be 3%.
• Kleinfelder assumes that the work to be inspected and/or tested by will be reasonably ready for inspections and/or testing and that the Contractor’s quality control procedures will be completed prior to our Kleinfelder representative’s scheduled arrival. • The basis for determination of conformance will be the approved construction documents. • Contractor will ensure that proper submittals of material compliance will be provided to eliminate qualification testing by Kleinfelder.
• Reinspection and/or testing of nonconforming work is excluded from this proposal. If required, Kleinfelder will provide these services on a time and expenses basis to our Client. • It is anticipated that work will be conducted during standard construction hours (6AM – 4PM).

Services performed outside of these hours are billed as overtime. • There is no overtime, night, or weekend work anticipated during construction for our staff. If overtime, night, or weekend work is required, we will bill this time at our overtime work rates which are 1.5 higher than the rates listed in Attachment A. • Our services will be invoiced based on hourly increments.

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© 2025 Kleinfelder Revised July 25, 2025
KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700 • Our estimate was based on a standard 40-hour work week. • This proposal excludes the cost of any equipment (i.e. scaffolds, scissor lifts, telescopic booms, ladders, shoring, etc.) required to gain access to inspection or sampling of materials areas. • Parking for our personnel is anticipated to be provided on-site. • Information gathered by Kleinfelder for this project is considered confidential and will be released only with written authorization by the Client or as required by law. • Observations and testing not specifically mentioned in this proposal will be the responsibility of others or may be negotiated prior to the time of service. • Requests for additional laboratory testing, including re-tests performed as the result of initial failing results are outside of the scope of services outlined and will be charged to the client based on the standard billing rates.
• We have assumed the proper submittals of material compliance (for trench sands, aggregate and asphalt) will be submitted to eliminate qualification testing by us. • It should be noted our services will not include: supervision, direction, or acceptance of the contractor's work; interpretation or modification of the project plans or specifications; submittal of test results or reports to any regulatory agency (unless specifically requested by the Client in writing); or job site safety.
• It should be noted that the fee rates, shown in Attachment A, are inclusive of labor costs and standard equipment charges. Equipment that is non-standard (coring equipment, rebar locators, floor flatness equipment, etc.), will be invoiced on a per-unit use basis, in accordance with our current fee schedule.
• Mileage charges will be invoiced at a rate of $0.70 per mile. Our services will be invoiced on a portal-to-portal basis from our Stockton California office. Services requested and not listed in this proposal may be provided and will be charged in accordance with our current Fee Schedule. • The fees above do not anticipate overtime work on the project. If overtime is required, the overtime work rates are charged 1.5 higher than the rates listed in Attachment A. Overtime is defined as “work on the project by a single person, exceeding 8-hours per day, weekends, night shifts, and/or holidays. Overtime may significantly impact our testing and inspection budget for the project. Please be aware that contractor scheduling and performance are the primary cause for overtime. Efficient contractor performance and scheduling minimize additional testing and inspection time, resulting in lower total fees.
• Due to the limited amount (tonnage) of asphaltic concrete placement, batch plant inspection will not be provided. Plant supplied maximum density will be verified by ASTM D 2041.

This proposal may be subject to modification on receipt of an updated construction schedule, plans, and/or specifications for the project or should additional staff or equipment be required to meet adjustments to the contractors schedule or convenience.

AUTHORIZATION

These services will be performed in accordance with the existing on-call agreement between Kleinfelder and the City of Ceres. Please indicate your approval of the proposal by signing the attached proposal and returning it to our office. A fully executed copy will be returned to you. Any modifications of the attached language must be accepted by both parties and may result in an increase in scope and compensation. Acceptance of the proposal indicates the Client’s review and understanding of the scope of services and budget.

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© 2025 Kleinfelder Revised July 25, 2025
KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700 These services will be performed in accordance with the existing agreement between The City of Ceres and Kleinfelder, dated July 14, 2025. We understand that you will provide a task authorization as our notice to proceed. Acceptance of the proposal indicates Client’s review and understanding of the scope of services.

LIMITATIONS

Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions, and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided.

This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder’s express permission. This proposal will remain valid for 30-days unless a longer period is specifically required by the RFP in which case that time frame will apply. If a signed agreement is not received by that time, we may need to review the proposal scope, assumptions, and associated fees for performance of our services and issue a revised proposal.

Materials testing and observation services provided by Kleinfelder will be performed in accordance with generally accepted procedures practiced within the project area at the time of our services. Even with diligent monitoring, construction defects may occur. In all cases the contractor is solely responsible for the direction and quality of the work, adherence to plans and specifications, and repair of defects regardless of when they are found.

The fees presented in this proposal are based on prompt payment for services presented in Kleinfelder’s standard invoicing format. Additional charges will be applied for specialized invoicing and/or if backup documentation is needed. These special services will be charged on a time and expense basis. Late fees will be charged if payment is not received in accordance with terms contained in our contract.

The safety of our employees is of paramount concern to Kleinfelder. You will be notified if the location of your project represents a potential safety concern to our employees. Unsafe conditions for field work will require a modification of our estimated scope of work and associated fees. We will advise you of the additional costs necessary to mitigate these unanticipated conditions, if applicable.

Kleinfelder is committed to providing quality service to our clients, commensurate with their wants, needs, and desired level of risk. If a portion of this proposal does not meet your needs, or if those needs have changed, Kleinfelder will consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications such as changes in scope, methodology, scheduling, and contract terms and conditions may result in changes to the risks assumed by the client, as well as adjustments to our fees.

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© 2025 Kleinfelder Revised July 25, 2025
KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700

CLOSURE

We appreciate the opportunity to present our proposal for concrete testing services for this project and look forward to its forthcoming success. If you have questions regarding this proposal, our services and fees or if additional information is required, please contact our office.

Sincerely,

KLEINFELDER, INC.

Lance Young Johan Jacobsen
Sr. Project Manager CoMET Program Manager

Attachments: Attachment A – Fee Estimate

ITEM 6
Special Inspection and Construction Materials Testing
Number of Visits Hours each visit Total Rate Cost
(days) (hours) (hours)
Soils Inspector - Soils Observation and Testing Services 22 4 88 $210.00 $18,480.00 Travel (PW) 22 1.5 33 $210.00 $6,930.00
Number of trips
Miles per day
22 61.4 $0.70 $859.60
Mileage
ESTIMATED SUBTOTAL $26,269.60
Soils and Asphaltic Concrete Laboratory Testing Total Rate Cost (each)
Modified Proctor, 4" Mold 2 $305.00 $610.00
Modified Proctor, 6" Mold 1 $305.00 $305.00
Sieve Analysis, % Finer than 200 Sieve 1 $115.00 $115.00 Sand Equivalency 1 $190.00 $190.00
Maximum Theoretical Specific Gravity 1 $210.00 $210.00
ESTIMATED SUBTOTAL $1,430.00
Project Management, Administration and Quality Assurance Number of Weeks Hours each week Rate Cost (weeks) (hours)
Project Manager - Project Management/Review 6 1.5 9 $263.00 $2,367.00 Assistant Project Manager - Project Controls 6 1 6 $110.00 $660.00 Administrator - Dispatch/Field Coordination/Word Processing/Misc. 6 0.5 3 $75.00 $225.00 Final Inspection Report 1 $750.00 $750.00
ESTIMATED SUBTOTAL $4,002.00
ESTIMATED TOTAL FEE $31,701.60

ATTACHMENT A
Special Inspection and Construction Materials Testing
Hatch Road WL Transmission Project
Ceres, CA.

FEE ESTIMATE
Copyright 2018 Kleinfelder 1
ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 25, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Trenton Johnson, Chief of Police
[email protected], (209) 538-5726
SUBJECT:

Ordinance No. 2025-XXXX, An Ordinance of the City Council of the City Council of the City of Ceres Adding Section 5.19.000, Definitions, Amending S ection 5.19.040 – E ligible O rganizations, Section 5.19.080 – Chief of Police Investigation, Amending Section

5.19.090 from Summary Suspension o r Revocation to Renewal o f Permit to Operate, Section 5.19.100 from Enforcement t o Bingo Location Security, Adding Section 5.19.110 – Conduct of Games, Section 5.19.120 – Financial Records, and Section 5.19.130 – Enforcement, of the Ceres Municipal Code
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the second reading and adoption of Ordinance No. 2025-XXXX, reading by title only, waiving further reading, an O rdinance of the City of Ceres Amending Title 5 – Business Licenses and Regulations, Chapter 19 - Bingo, to add the following Sections: Section 5.19.000 – Definitions, Section 5.19.110 – Conduct of Games, Section

5.19.120 – Financial Records and Section 5.19.130 – Enforcement and amending Section

5.19.040 – Eligible Organizations and Section 5.19.080 – Chief of Police Investigation and Amending Section 5.19.090 from Summary Suspension or Revocation to Renewal of Permit to Operate and Section 5.19.100 from Enforcement to Bingo Location Security.

I. BACKGROUND:

The City of Ceres is currently home to two Bingo Halls that are regulated by the Ceres Municipal Code. The regulatory wording in Title 5, Chapter 19 has not been updated since March 23, 2020 (Ord. No. 2020- 1057, §1) and it has never completely aligned with the State and Federal regulations.

This Ordinance was presented to Council at a regularly scheduled Council meeting on July 28, 2025. The item was pulled to allow time for the City Attorney to make revisions to the Ordinance. These revisions have been completed and are noted in Attachment A.

ITEM 7
II. REASONS FOR RECOMMENDATION:

The Police Department has received complaints from the community regarding the current practices of the two Bingo Halls. After months of intensive investigation and research, along with calls and meetings with IRS and State Regulators, Staff has developed the necessary wording to add to or amended Title 5, Chapter 19 of the Ceres Municipal Code.

These proposed changes to the ordinance will ensure the Police Department will be able to regulate the practices of the two Bingo Halls in the City of Ceres and establishes the parameters for any future Bingo Halls.

III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

Should Council decide not to approve the additions and amendment to the ordinance, the Police Department will continue to attempt to regulate the Bingo Halls using the current regulations in the Ceres Municipal Code.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval and adoption by the City Council, the Ordinance will go into effect in 30 days.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Ordinance

2. Attachment B – Redline Changes

3. Attachment C – Public Hearing Notice
ITEM 7

ATTACHMENT A

ORDINANCE NO. 2025-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES
ADDING SECTION 5.19.000, DEFINITIONS, AMENDING SECTION

5.19.040 – ELIGIBLE ORGANIZATIONS, SECTION 5.19.080 – CHIEF OF POLICE INVESTIGATION, AMENDING SECTION 5.19.090 FROM

SUMMARY SUSPENSION OR REVOCATION TO RENEWAL OF
PERMIT TO OPERATE, SECTION 5.19.100 FROM ENFORCEMENT TO BINGO LOCATION SECURITY, ADDING SECTION 5.19.110 –
CONDUCT OF GAMES, SECTION 5.19.120 – FINANCIAL RECORDS, AND SECTION 5.19.130 – ENFORCEMENT, OF THE CERES

MUNICIPAL CODE

WHEREAS, the City of Ceres is currently home to two (2) Bingo Halls that are regulated by the Ceres Municipal Code; and

WHEREAS, the regulatory wording in Title 5, Chapter 19 of the Ceres Municipal Code has not been updated since March 23, 2020, and does not align with the State and Federal regulations regarding Bingo and

WHEREAS, the Police Department has received complaints from the community regarding the current practices of the two (2) Bingo Halls; and

WHEREAS, staff has completed intensive investigation and research, including calls and meetings with Internal Revenue Services and State Regulators that have enabled them to develop the necessary wording to amend Title 5, Chapter 19 of the Ceres Municipal Code; and

W
HEREAS, these proposed changes to the ordinance will ensure the Police Department will be able to regulate the practices of the current Bingo Halls and any future Bingo Halls.

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

SECTION 1. Section 5.19.000, Definitions, of Chapter 19, Bingo, of Title 5, Business Licenses and Regulations, shall be added to read as follows:

5.19.000 – Definitions.

Bingo means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player’s possession and that conform to numbers or symbols, selected at random and announced by a live caller. The game of bingo shall include tangible cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes.

Remote Caller Bingo means a game of bingo, as defined in subdivision (o) of Section 326.5 of the Penal Code, in which the numbers or symbols on randomly drawn plastic ITEM 7

ATTACHMENT A

balls are announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased or rented by that organization, or as described in subdivision (o) of Section 326.3 of the Penal Code.

Member means an individual who is an officer or has membership in the nonprofit organization whether pursuant to its Articles of Incorporation, Constitution, Charter or other instrument of formation or association, its Bylaws or other written instrument formally adopted pursuant thereto.

Bingo Session means a single gathering at which a series of successive bingo games is played.

SECTION 2. Section 5.19.040, Eligible Organizations, of Chapter 19, Bingo, of Title 5, Business Licenses and Regulations, shall be amended to read as follows:

A. Each permitted bingo establishment is required to submit to the City once a year at the time of their license renewal proof of nonprofit status. This proof shall be in the form of financial statements certified by a licensed Certified Public Accountant. The financial statements shall be submitted to the City 30 days prior to renewal of permit to operate.

B. Such permits may be issued only to charitable organizations as defined by Penal Code section 326.5(a).

SECTION 3. Section 5.19.080, Chief of Police Investigation, of Chapter 19, Bingo, of Title 5, Business Licenses and Regulations, shall be amended to read as follows:

Upon receipt of the completed application, the Chief of Police or his agents shall make an investigation to determine if all of the statements in the application are true and shall refer the application to the Director of Planning and Community Development, the Chief Building Official, the Health Officer and the Fire Chief to determine if the appropriate zoning regulations, building codes, health regulations and the provisions of the Uniform Fire Code have been or will be complied with. The Chief of Police or his agents may refuse to issue a permit based on section 5.02.040 and if any officer of the organization or any operator mentioned in 5.19.050:

A. Has a felony conviction;
B. Has a conviction for theft, fraud, gambling, crimes involving moral turpitude or bingo ordinance violations in this or any other city or county; C. Is under current investigation for a criminal offense set forth in subsections A and B of this section by any law enforcement agency.

SECTION 4. Section 5.19.090, Renewal of Permit to Operate, of Chapter 19, Bingo, of Title 5, Business Licenses and Regulations, shall be amended to read as follows:

ITEM 7

ATTACHMENT A

5.19.090 – Renewal of Permit to Operate.

Each bingo organization shall submit a new bingo application as defined in section

5.19.050 15 business days prior to the expiration on their current permit. The organization shall also submit a renewal fee of $50.00 to the City of Ceres. The fee will cover the costs of reviewing the application, financial statements, inspection, and other administrative functions.

SECTION 4. Section 5.19.100, Bingo Location Security, of Chapter 19, Bingo, of Title 5, Business Licenses and Regulations, shall be amended to read as follows:

5.19.100 – Bingo Location Security.

Each bingo organization shall supply security to their games to ensure the safety and security of all persons in attendance. The security shall comply with section 5 chapter 06 of this code. Each bingo organization shall also maintain security cameras at the location with video recording for a minimum of 30 days. The cameras shall cover the exterior as well as the interior gaming areas, cashiers’ office and any other public areas.

Video must be high quality video and be made available to law enforcement, code enforcement, or other police personnel upon request.

SECTION 5. 5.19.110, Conduct of Games, of Chapter 19, Bingo, of Title 5, Business Licenses and Regulations, shall be added to read as follows:

5. 19.110 – Conduct of Games.

A. Premises. A licensed organization shall conduct a bingo game only upon property owned or leased by it, and which property is used by such organization for an office or performance of the purposes for which the organization is organized.

B. Hours of Operation. No organization licensed under this chapter shall conduct any bingo game more than 8 hours in length. No bingo game shall be conducted prior to the hour of 10:00 am. or after 12:00 midnight.

C. Games Open to the Public. All bingo games shall be open to the public and shall not be restricted to members of the organization so licensed.

D. Operators of Game. A bingo game shall be operated and staffed only by members of the licensed organization which conducts it. Such members shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion or supervision or other phase of the game.

E. Financial Interest Prohibited. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a bingo game shall hold a financial interest in the conduct of such game.

ITEM 7

ATTACHMENT A

F. Special Account for Funds. All profits derived from bingo games conducted under the authority of this chapter shall be kept in a special fund or account and shall not be co-mingled with any other fund or account. Such profit shall be used only for charitable purposes, except as follows:

a. Such proceeds may be used for prizes awarded at such games.

b. A portion of such proceeds not to exceed 10 percent of the proceeds before deduction for prizes or $500.00 per month, whichever is less, may be used for rental of property, overhead, including purchase of bingo equipment, and administrative expenses.

c. Such proceeds may be used to pay license fees.

d. No such proceeds or profit shall be used to pay any salary to any staff member, officer or employee of the organization conducting such bingo games.

G. Physical Presence Required. No person shall be allowed to participate in a bingo game unless that person is physically present at the time and place in which the bingo game is being conducted.

H. Intoxicated Persons. No person who is obviously intoxicated shall be allowed to participate in any bingo game conducted under this chapter.

I. Prizes. The total value of prizes awarded during the conduct of any bingo game hereunder shall not exceed $500.00 in cash or prizes of any kind, or aggregate of both such cash and prizes for each separate game which is held.

J. Account Books. All licensees under this chapter shall keep and maintain full, complete and accurate records and accounts and shall include in such accounts the amount of money obtained from players, the amount of money or type and value of prizes given for each game played, all expenses associated with the conduct of such games, and the disposition of all funds generated by the conduct of such bingo games. The City of Ceres shall have the right to inspect such records upon reasonable notice to any licensed organization.

K. A member of the licensee organization shall be designated as “Bingo Manager”. The Bingo Manager shall be responsible for the conduct and operation of the bingo game(s) and for the compliance with all applicable laws, rules, and regulations. The Bingo Manager shall be present at all times during the playing of any bingo game.

L. All staff members of a bingo game shall wear on their outside clothing an identification insignia or badge, no less than 2 ½” x 3 ½” in dimension, indicating the name of the organization and the name and title of the staff member.

ITEM 7

ATTACHMENT A

M. Games prohibited. Games that do not meet the definition of “Bingo” under section 5.19.000 are prohibited. Games such as “hot ball” and pull tabs where winners are predetermined or winning numbers are not selected at random and announced by a live caller are prohibited. Any game that causes more than $500.00 to be paid on a single bingo game or a single card is also prohibited. Any game that is prohibited under the United States Internal Revenue Code and regulations is prohibited.

N. No one under the age of 18 is allowed to be in a bingo game area while bingo is in session. Nor is anyone under the age of 18 allowed to play or participate in bingo.

SECTION 6. 5.19.120, Financial Records, of Chapter 19, Bingo, of Title 5, Business Licenses and Regulations, shall be added to read as follows:

5.19.120 – Financial Records.

A. All bingo sales shall be recorded on a cash register that features a non- resettable grand total. The cash register tape shall be kept for not less than three years. A cash register shall not be required for any licensee with average gross receipts under $50,000 per month during the preceding twelve months.

B. At least two members of the licensed organization shall jointly count all bingo proceeds. Such proceeds shall be deposited in a special bingo account the next banking day.

C. All funds from bingo games shall be deposited into a special bingo bank account identified on the licensee’s application and shall not be commingled with any other funds. Funds deposited in such special bank account may, however, be transferred to another account or fund of the licensee organization or to another account or fund of any other organization or entity associated or affiliated therewith for purposes of implementing charitable expenditures of bingo proceeds, provided, (1) no monies from any source other than bingo proceeds are placed in such fund; (2) the purpose of such fund is clearly designated as part of the title or subtitle of the fund and in the books and records of the organization; (3) expenditures therefrom for such purpose are permitted under the provisions of Section 326.5 of the Penal Code of the State of California. No person shall play the game(s) of bingo on credit.

ATTACHMENT A

marked “for deposit to the petty cash fund.” Such petty cash fund shall not at any time contain more than twenty-five dollars ($25) and a receipt shall be obtained for each disbursement, indicating the amount of cash disbursed, the individual or organization receiving the cash disbursement and the purpose for which the disbursement is made.

E. On or before the 15th of each month, the licensee shall report on forms prescribed by the Department an accounting of all receipts and expenditures for the prior calendar month. Bingo financial records, including all books and records of the licensee or any other organization or entity associated or affiliated with the licensee for purposes of disbursing charitable expenditures of bingo proceeds, shall at all times be available for inspection by the Department.

SECTION 7. 5.19.130, Enforcement, of Chapter 19, Bingo, of Title 5, Business Licenses and Regulations, shall be added to read as follows:

5.19.130 – Enforcement.

A. Any violation of this chapter shall result in the following:
a. First Violation: A $2,000.00 fine and a suspension of the operating permit for 10 Days.
b. Second Violation: A $3,000.00 fine and a suspension of the operating permit for 20 Days.
c. Third Violation: A $5,000.00 fine and a suspension of the operating permit for 30 Days.
d. Any Violation after the third will result in a $5,000.00 Fine and a suspension of the operating permit for a minimum of 90 days.

B. Five Violations or more may also result in a misdemeanor along with the items listed in (d) above.

C. Request for a hearing may be done in writing to the Chief of Police once the fine has been paid to the city.

D. For a misdemeanor the case will result in a case being filed by the City Attorney in the Supervisor Court of Stanislaus County against the operator(s) listed on the operating permit and/or the Bingo Manager. Nothing within this section prohibits violations of California Law being submitted to the Stanislaus County District for review and charges.

E. Bingo permit holders shall also be subject to chapter 9.18.

SECTION 8. SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid 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 the validity of the remaining portions thereof.

ITEM 7

ATTACHMENT A

SECTION 9. PUBLICATION AND EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of a general circulation at least within 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 fifteen (15) days after its passage.

SECTION 10. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a regular meeting of the City Council held on the 11th day of August 2025, and passed and adopted as Ordinance No. 2025-XXXX at a regular meeting of the City Council held on the 25th day of August 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:

Javier Lopez, Mayor

Fallon Martin, City Clerk
APPROVED AS TO FORM:

Nubia I. Goldstein, City Attorney
ITEM 7
ITEM 7

ATTACHMENT B
TITLE 5 – BUSINESS LICENSES AND REGULATIONS
CHAPTER 19 – BINGO

5.19.000 – Deﬁnitions.

Remote Caller Bingo means a game of bingo, as deﬁned in subdivision (o) of Section 326.5 of the Penal Code, in which the numbers or symbols on randomly drawn plastic balls are announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased or rented by that organization, or as described in subdivision (o) of Section 326.3 of the Penal Code.

Member means an individual who is an officer or has membership in the nonproﬁt organization whether pursuant to its Articles of Incorporation, Constitution, Charter or other instrument of formation or association, its Bylaws or other written instrument formally adopted pursuant thereto.

Bingo Session means a single gathering at which a series of successive bingo games is played.

5.19.010 - Bingo authorized.

Bingo games are allowed pursuant to and as restricted by article IV , section 19(c) of the California Constitution, Penal Code section 326.5 (including future amendments thereto), and the provisions of this section.

5.19.020 - License required.

No charitable organization shall conduct a bingo game without a currently valid, unrevoked, unsuspended license as provided for by this section. No person shall promote, supervise, operate, conduct, or staff any bingo game, or participate in such activity, unless he is a member of a charitable organization which is lawfully licensed to do so and which has designated him to do so and he is designated in its license to do so.

ITEM 7

ATTACHMENT B

5.19.030 - License posted.

An organization licensed pursuant to this section shall not conduct or permit to be conducted a bingo game unless said license is posted in a conspicuous place during the conduct of any bingo game. The licensee shall produce and exhibit the same, when applying for renewal thereof, and whenever requested to do so by any peace officer or officer authorized to issue, or inspect licenses.

5.19.040 - Eligible organizations.

A. Each permitted bingo establishment is required to submit to the City of Ceres once a year at the time of their license renewal proof of nonproﬁt status. This proof shall be in the form of ﬁnancial statements certiﬁed by a licensed Certiﬁed Public Accou ntant. The ﬁnancial statements shall be submitted to the City of Ceres 30 days prior to renewal of their permit to operate. The Certiﬁed Public Accountant shall be approved by the Police Department prior.

B. Such permits may be issued only to charitable organizations as deﬁned by Penal Code section 326.5(a).

5.19.050 - Bingo application.

The application for a license to conduct bingo shall be made to the Chief of Police on forms provided by his or her office. The application shall include the following information:

A. The name, address, date and place of birth, physical description, and driver's license number of every officer of the charitable organization; B. The name, address, date and place of birth, physical description, and driver's license number of not more than 20 members to be authorized to operate bingo on behalf of the organization;
C. The date(s) and location(s) of the proposed bingo game(s); D. Proof that the organization is a charitable organization as deﬁned by Penal Code section 326.5(a);
E. The signatures of at least two officers, including the presiding officer of the organization;
F. A statement certiﬁed by the secretary of the organization that the applicant has received and has reviewed copies of this chapter, the authorized rules of play for bingo games, and Penal Code section 326.5, and has been advised that the license to conduct bingo games may be revoked by the Chief of Police upon violation of any of such provisions;
G. The location where all records, account books and ledgers pertaining to the operation of bingo games by the organization will be kept, the location of the bank account in ITEM 7

ATTACHMENT B
which the bingo receipts will be placed, and an authorization for the City to inspect and audit the records, books and accounts; and
H. Such other information as the Chief of Police may require.

5.19.060 - License not transferable.

Each license shall be issued to a speciﬁc charitable organization authorizing not more than 20 named members to conduct a bingo game on its behalf at one or more named locations.

This license is not transferable from organization to another, from one member to another, or from one location to another. The license is only a temporary and non-transferable permit to act within the provisions of this section and all other applicable laws and regulations, and always expires no later than one year from its date. It has no validity when it has been seized, suspended, or revoked by the Chief of Police. Any attempt to transfer, assign, pledge, mortgage, or hypothecate the license, or to attach or execute on it, immediately and permanently voids it.

5.19.070 - Chief of Police entry and inspection.

The application for and acceptance of a license constitutes consent to the entry of any peace officer or code enforcement officer to investigate all locations identiﬁed in the application before the issuance of a license as well as during any games thereafter and consent to the Chief of Police or his agents reviewing or auditing the charitable organization's records relating to the conduct of bingo and to the special account required by Penal Code section 326.5(j), for the purpose of verifying compliance w ith the ﬁnancial interest and special fund requirements of Penal Code section 326.5 and with this section and all other applicable laws and regulations.

5.19.080 - Chief of Police investigation.

Upon receipt of the completed application, the Chief of Police or his agents shall make an investigation to determine if all of the statements in the application are true and shall refer the application to the Director of Planning and Community Development, the Chief Building Official, the Health Officer and the Fire Chief to deter mine if the appropriate zoning regulations, building codes, health regulations and the provisions of the Uniform Fire Code have been or will be complied with. The Chief of Police or his agents may refuse to issue a permit based on section 5.02.040 and if any officer of the organization or any operator mentioned in 5.19.050:

A. Has a felony conviction;
ITEM 7

ATTACHMENT B
B. Has a conviction for theft, fraud, gambling, crimes involving moral turpitude or bingo ordinance violations in this or any other city or county; C. Is under current investigation for a criminal offense set forth in subsections A and B of this section by any law enforcement agency.

5.19.090 - Summary suspension or revocation. Renewal of Permit to Operate.

A. In addition to the grounds in section 5.04.050, the Chief of Police may immediately suspend or revoke a bingo license upon the licensee's refusal to:

1. Permit the entry of any peace officer to investigate the conduct of a bingo game;

2. Permit the Chief of Police to review or audit the charitable organization's records relating to the conduct of bingo under the license and to the special account required by Penal Code section 326.5(j);

3. Failure to meet the provisions of this chapter and chapter 9.18.

4. For any reason in chapter 5.04.

B. Upon taking such action, the Chief of Police shall within 48 hours serve on the licensee a written statement of the reasons for this action, and schedule a show cause hearing on re-instatement of the license within ﬁve days of a request to do so by the licensee.

C. The Chief of Police shall issue his written decision within seven days after the conclusion of a show cause hearing.

Each bingo organization shall submit a new bingo application as deﬁned in section 5.19.050 15 business days prior to the expiration on their current permit. The organization shall also submit a renewal fee of $250.00 to the City of Ceres. The fee will cover the costs of reviewing the application, ﬁnancial statements, inspection, and other administrative functions.

5.19.100 -
Enforcement. Bingo Location Security.

Bingo permit holders shall also be subject to chapter 9.18.

Each bingo organization shall supply security to their games to ensure the safety and security of all persons in attendance. The security shall comply with section 5 chapter 06 of this code.

Each bingo organization shall also maintain security cameras at t he location with video recording for a minimum of 30 days. The cameras shall cover the exterior as well as the interior gaming areas, cashiers’ office and any other public areas. Video must be high quality video and be made available to law enforcement, code enforcement, or other police personnel upon request.

5.19.110 – Conduct of Games.

ITEM 7

ATTACHMENT B
A. Premises. A licensed organization shall conduct a bingo game only upon property owned or leased by it, and which property is used by such organization for an office or performance of the purposes for which the organization is organized.

C. Games Open to the Public. All bingo games shall be open to the public and shall not be restricted to members of the organization so licensed.

D. Operators of Game. A bingo game shall be operated and staffed only by members of the licensed organization which conducts it. Such members shall not receive a proﬁt, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion or supervision or other phase of the game.

E. Financial Interest Prohibited. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a bingo game shall hold a ﬁnancial interest in the conduct of such game.

F. Special Account for Funds. All proﬁts derived from bingo games conducted under the authority of this chapter shall be kept in a special fund or account and shall not be co-mingled with any other fund or account. Such proﬁt shall be used only for charitable purposes, except as follows:
a. Such proceeds may be used for prizes awarded at such games. b. A portion of such proceeds not to exceed 10 percent of the proceeds before deduction for prizes or $500.00 per month, whichever is less, may be used for rental of property, overhead, including purchase of bingo equipment, and administrative expenses.
c. Such proceeds may be used to pay license fees.
d. No such proceeds or proﬁt shall be used to pay any salary to any staff member, officer or employee of the organization conducting such bingo games.

G. Physical Presence Required. No person shall be allowed to participate in a bingo game unless that person is physically present at the time and place in which the bingo game is being conducted.

H. Intoxicated Persons. No person who is obviously intoxicated shall be allowed to participate in any bingo game conducted under this chapter.

ITEM 7

ATTACHMENT B
J. Account Books. All licensees under this chapter shall keep and maintain full, complete and accurate records and accounts and shall include in such accounts the amount of money obtained from players, the amount of money or type and value of prizes given for each game played, all expenses associated with the conduct of such games, and the disposition of all funds generated by the conduct of such bingo games. The City of Ceres shall have the right to inspect such records upon reasonable notice to any licensed organization.

K. A member of the licensee organization shall be designated as “Bingo Manager” . The Bingo Manager shall be responsible for the conduct and operation of the bingo game(s) and for the compliance with all applicable laws, rules, and regulations. The Bingo Manager shall be present at all times during the playing of any bingo game.

L. All staff members of a bingo game shall wear on their outside clothing an identiﬁcation insignia or badge, no less than 2 ½” x 3 ½” in dimension, indicating the name of the organization and the name and title of the staff member.

M. Games prohibited. Games that do not meet the definition of “Bingo” under section

5.19.000 are prohibited. Games such as “hot ball” and pull tabs where winners are predetermined or winning numbers are not selected at random and announced by a live caller are prohibited. Any game that causes more than $500.00 to be paid on a single bingo game or a single card is also prohibited. Any game that is prohibited under the United States Internal Revenue Code and regulations is prohibited.

N. No one under the age of 18 is allowed to be in a bingo game area while bingo is in session. Nor is anyone under the age of 18 allowed to play or participate in bingo.

5.19.120 - Financial Records.

A. All bingo sales shall be recorded on a cash register that features a non-resettable grand total. The cash register tape shall be kept for not less than three years. A cash register shall not be required for any licensee with average gross receipts under $50,000 per month during the preceding twelve months.

B. At least two members of the licensed organization shall jointly count all bingo proceeds. Such proceeds shall be deposited in a special bingo account the next banking day.

C. All funds from bingo games shall be deposited into a special bingo bank account identiﬁed on the licensee’s application and shall not be commingled with any other funds. Funds deposited in such special bank account may, however, be transferred to another account or fund of the licensee organization or to another account or fund of any other organization or entity associated or affiliated therewith for purposes of ITEM 7

ATTACHMENT B
implementing charitable expenditures of bingo proceeds, provided, (1) no monies from any source other than bingo proceeds are placed in such fund; (2) the purpose of such fund is clearly designated as part of the title or subtitle of the fund and in the books and records of the organization; (3) expenditures therefrom for such purpose are permitted under the provisions of Section 326.5 of the Penal Code of the State of California. No person shall play the game(s) of bingo on credit.

D. All disbursements from the special bingo bank account shall be by consecutively numbered checks signed by two authorized officers of the licensee and shall be payable to a speciﬁc individual or organization. There shall be written on each check the nature of the expenditure for which the check is drawn. No check shall be drawn to “cash” other than for the purpose of depositing such cash in a petty cash fund established and maintained for the payment of incidental bingo expenses. Such checks shall in that event be marked “for deposit to the petty cash fund. ” Such petty cash fund shall not at any time contain more than twenty -ﬁve dollars ($25) and a receipt shall be obtained for each disbursement, indicating the amount of cash disbursed, the individual or or ganization receiving the cash disbursement and the purpose for which the disbursement is made.

E. On or before the 15th of each month, the licensee shall report on forms prescribed by the Department an accounting of all receipts and expenditures for the prior calendar month. Bingo ﬁnancial records, including all books and records of the licensee or any other organization or entity associated or affiliated with the licensee for purposes of disbursing charitable expenditures of bingo proceeds, shall at all times be available for inspection by the Department.

5.19.130 - Enforcement.

A. Any violation of this chapter shall result in the following:
a. First Violation: A $2,000.00 ﬁne and a suspension of the operating permit for 10 Days.
b. Second Violation: A $3,000.00 ﬁne and a suspension of the operating permit for 20 Days.
c. Third Violation: A $5,000.00 ﬁne and a suspension of the operating permit for 30 Days.
d. Any Violation after the third will result in a $5,000.00 Fine and a suspension of the operating permit for a minimum of 90 days.

B. Five Violations or more may also result in a misdemeanor along with the items listed in (d) above.

ITEM 7

ATTACHMENT B
C. Request for a hearing may be done in writing to the Chief of Police once the ﬁne has been paid to the city.

D. For a misdemeanor the case will result in a case being ﬁled by the City Attorney in the Supervisor Court of Stanislaus County against the operator(s) listed on the operating permit and/or the Bingo Manager. Nothing within this section prohibits violations of California Law being submitted to the Stanislaus County District for review and charges.

E. Bingo permit holders shall also be subject to chapter 9.18.

ITEM 7

ATTACHMENT C

City of Ceres

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA on July 28, 2025, at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following: An Ordinance of the City Council of the City of Ceres amending Title 5 – Business Licenses and Regulations, Chapter 19 – Bingo, Sections 5.19.000 – Definitions, 5.19.040 – Eligible Organizations, 5.19.100 – Renewal of Permit to Operate, 5.19.110 – Bingo Location Security, 5.19.120 – Conduct of Games,

5.19.130 – Financial Records and 5.19.140 – Enforcement of the City of Ceres Municipal Code.

The Ceres City Council will consider an amendment to the Ceres Municipal Code to define bingo games and locations , along with establishing game rules and regulations that comply with State and Federal laws in order to ensure equal play and safety for all patrons. This is in response to community concerns regarding operations of the b ingo locations within the city of Ceres.

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

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

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

/s/ Fallon Martin, City Clerk

Date Notice Posted: July 16, 2025
ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 25, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Trenton Johnson, Chief of Police
[email protected], (209) 538-5725
SUBJECT:

Ordinance No. 2025-XXX, An Ordinance of the City Council of the City of Ceres Adding Chapter 10, Tobacco and Smoke Shop Restrictions, to Title 6, Health and Sanitation, of the Ceres Municipal Code
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt and implement Chapter 10, Tobacco and Smoke Shop Restrictions, to Title 6, Health and Sanitation to the Ceres Municipal Code.

I. BACKGROUND:

On November 8, 2022, California voter s upheld the state law (“SB 793”) prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, most flavored tobacco products including flavored e- cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations.

Given these circumstances, the City of Ceres Police Department recognizes the urgent need to address this public health and safety issue. An ordi nance on tobacco retailer businesses aims to tackle the immediate concerns of increased accessibility and the attractiveness of tobacco products to the City’s youth and increasing amounts of crime and safety issues presented by such business.

This Ordinance was presented to Council at a regularly scheduled Council meeting on July 28, 2025. The item was pulled to allow time for Staff to make revisions to the ordinance. These revisions have been completed and are noted in Attachment A.

II. REASONS FOR RECOMMENDATION:

The City of Ceres seeks to protect and preserve public peace, health, safety, and welfare by addressing issues associated with tobacco use, tobacco retailing, and criminal activities ITEM 8
often linked to such establishments. The Police Department has been analyzing regulatory options and examining approaches used by other jurisdictions to address the challenges posed by these businesses.

This ordinance applies exclusively to businesses within the City of Ceres that meet the criteria of a "Tobacco Retailer Business." This designation includes any retailer, wholesale business, or individual that:

1. Sells or exchanges for consideration:
o Tobacco or tobacco products.
o Tobacco paraphernalia.

2. Utilizes significant retail space:
o Devotes 15% or more of the establishment’s square footage to the sale or display of the above products.

Regulatory Measures
Under the proposed ordinance:
• The issuance of new business licenses, building permits, conditional use permits, or other land use approvals for the establishment, relocation, or expansion of a tobacco retailer business must comply with the ordinance's provisions. • If adopted, all new and existing tobacco retailer businesses will be required to adhere to the ordinance.

Enforcement and Oversight
The Police Department will continue inspecting current smoke shops to evaluate their compliance and assess their impact on public welfare. These efforts are aimed at mitigating any negative consequences associated with tobacco retailing and ensuring adherence to the new regulations.

III. FISCAL IMPACTS:

Monitoring businesses and issuing permits will be part of the Police Department’s current duties. Revenues will be generated from the permits that every tobacco and/or smoke shop must obtain and renew annually.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Community Engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity, focus on public health and safety and increase community involvement in creating the future of the city.

V. POLICY ALTERNATIVES:

The City Council could choose to not approve the ordinance.

VI. INTERDEPARTMENTAL COORDINATION:

N/A

ITEM 8
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Council will consider approval of second reading and adoption of the Ordinance at a later meeting of the City Council.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Ordinance

2. Attachment B – Public Hearing Notice

3. Attachment C – Tobacco Retailer Permit Application
ITEM 8
ITEM 8

ATTACHMENT A
ORDINANCE NO. 2025-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES ADDING CHAPTER 10, TOBACCO AND SMOKE SHOP RESTRICTIONS, TO TITLE 6,

HEALTH AND SANITATION, OF THE CERES MUNICIPAL CODE

WHEREAS, the Ceres Police Department has determined that Specialty Tobacco and Smoke Shops potentially create impacts on the community and therefore require specific conditions of approval to address these uses; and WHEREAS, City of Ceres (“City”) staff has recommended standard conditions of approval for new and existing Specialty Tobacco and Smoke Shop locations; and WHEREAS, the Ceres Police Department has reviewed the proposed ordinance and finds the ordinance beneficial to the health and safety of our community; and WHEREAS, the City ordinance sets forth standards for specific uses and activities that are permitted or conditionally permitted in some or all Tobacco and Smoke Shops; and
WHEREAS, the Ceres Police Department will review all businesses that sell tobacco and electronic smoking devices and related equipment, materials, and paraphernalia, and will implement restrictions on such businesses that receive a significant amount of their business and retail revenue from the sales of such items; and WHEREAS, the City Council for the City of Ceres (“City Council”) finds that the City has an interest in establishing restrictions for tobacco and smoke shops; and WHEREAS, restrictions on tobacco and smoke shops protect the public welfare, health, and safety of the community.

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

SECTION 1. Chapter 10, Tobacco and Smoke Shop Restrictions, shall be added to Title 6, Health and Sanitation, of the Ceres Municipal Code as follows:

Chapter 6 Tobacco and Smoke Shop Restrictions
Sections:

6.10.010 Legislative Findings and Declarations.

6.10.020 Definitions.

6.10.030 Flavored Tobacco Restrictions - Prohibition on the Sale of Flavored Tobacco City-wide.

6.10.040 Sale of Flavored Tobacco by Wholesalers and Distributors.

6.10.050 Electronic Smoking Devices and Related Paraphernalia Restrictions - Prohibition on the Sale of Electronic Smoking Devices and related Paraphernalia City-wide.

6.10.060 Sale of Electronic Smoking Devices and related Paraphernalia by a Wholesalers and Distributors.

ITEM 8

ATTACHMENT A

6.10.070 Minimum Package Size and Prices for Tobacco Products - Tobacco Product Pricing and Packaging.

6.10.080 Tobacco Retailer Permitting and other Regulations - Tobacco Retailer and Tobacco Store Requirements and Prohibitions.

6.10.090 Application Process.

6.10.100 Issuance of Tobacco Retailer Permit- Standards.

6.10.110 Tobacco Retailer Permit Renewal and Expiration.

6.10.120 Fees for Tobacco Retailer Permit.

6.10.130 Tobacco Retailer Permit Nontransferable.

6.10.140 Compliance Monitoring.

6.10.145 Security Requirements.

6.10.150 Violation.

6.10.160 Tobacco Retailing Without a Valid Permit.

6.10.170 Fine, Suspension or Revocation of Tobacco Retailer Permit.

6.10.180 Notices.

6.10.190 Hearing and Appeal.

6.10.200 Enforcement (AB935) (B&P 22978.3) (H&S 104559.1).

6.10.210 Sale of Tobacco Products from Self-service Displays.

6.10.010 Legislative Findings and Declarations.

The City Council hereby finds and determines that the adoption of this chapter is necessary to promote public health, safety and welfare. The reasons set forth below provide a separate and independent basis for the council’s adoption.

A. Substantial scientific evidence supports the causal relationship between using tobacco products and deadly diseases such as lung cancer, chronic bronchitis, heart disease, emphysema, and other types of cancer. The Surgeon General of the United States has determined that smoking is the leading cause of preventable death in this country.

B. The Centers for Disease Control and Prevention (CDC) reports that cigarette smoking is responsible for more than 480,000 deaths per year in the United States, including more than 41,000 deaths resulting from secondhand smoke exposure.

C. The California Department of Public Health (CDPH) Tobacco Control program report of 2023 indicates that 21.6% of California high school have used tobacco with vapes being the most common among high school students at 18.3% and

current use at 5.9%. For Stanislaus County 24.8% of high school students have used tobacco with 7.9% current use. (CDPH Survey 2023)

D. The compelling purpose and intent of this chapter includes:

1. To prevent young people from using nicotine until they are mature and capable of making an informed and rational decision.

ITEM 8

ATTACHMENT A

2. To reduce significantly the ability of young people from illegally obtaining tobacco products by banning the retail sale of flavored tobacco products, electronic smoking devices and related paraphernalia.

3. To reduce youth exposure to tobacco products at point of sale in grocery stores, pharmacies, convenience stores and gas stations, as well as exposure to tobacco store advertising, near youth- gatherings places such as public schools, parks and recreation facilities.

4. To reduce the ability of young people to possess e-cigarettes in public parks or other public places where youth gather, as that may influence other youth to try such tobacco products.

5. To promote generally the health and welfare of all people in the community against the health hazards and harmful effects of using addictive tobacco products.

6.10.020 Definitions.

For the purposes of this chapter, the following terms shall be defined as set forth herein:
“Arms length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of violations of this chapter is not an arm’s length transaction. “Characterizing flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice.
“Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco weighing more than three pounds per thousand.
“Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described herein.
“Consumer” means a person who purchases or intends to purchase a tobacco product or tobacco paraphernalia for consumption or use and not for sale to another. “Coupon” means any voucher, rebate card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

ITEM 8

ATTACHMENT A
“Deliver” means to commercially transfer tobacco products or tobacco paraphernalia to a consumer at a location not permitted under this chapter “Distribution” means to give, sell, deliver, dispense, issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue. “E-cigarette” or “electronic cigarette” means an activated or functioning device, whether an electronic device as defined by California Health and Safety Code Section 104495 or a similar device, including, but not limited to a device intended to emulate smoking, which permits a person to inhale vapors, vaporized liquids or mists that may or may not include nicotine.
“Electronic smoking device” means an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to an electronic cigarette, cigar, pipe, or hookah. (See California Health and Safety Code Section 104495.)
“Flavored tobacco product” means any tobacco product that imparts a characterizing flavor.
“Full retail price” means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold, plus all applicable taxes and fees if such taxes and fees are not included in the listed price. “Labeling” means written, printed, or graphic matter upon any tobacco product or any of its packaging, or accompanying such tobacco product.
“Little cigar” means any rolled tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand. “Little cigar” includes but is not limited to tobacco products known or labeled as small cigar, little cigar or cigarillo.
“Manufacturer” means any person, including any re- packer or re -labeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. “Package” or “packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.
“Person” shall mean any natural person, firm, partnership, joint venture, unincorporated association, corporation, estate, trust, trustee, or any other group or combination of the above acting as a unit, or other legal entity, excepting however the United States of America, the state of California, and any political subdivision or unit thereof. “Proprietor” means a person with an ownership interest in a business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets or income of a business other than the sole interest of security for debt. “Sale” or “sell” or “sold” means any transfer, exchange, barter, gift, sale, distribution for a commercial purpose, or offer of any of the foregoing, in any manner or means whatsoever.

ITEM 8

ATTACHMENT A
“Smoke” or “smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. (California Health and Safety Code Section 104495)
“Tobacco accessories” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.
“Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps, pipes, holders of smoking materials of all types, cigarette rolling machines, e- cigarette liquid pods and any other item designed primarily for the smoking or ingestion of tobacco products. (See California Business and Professions Code section 22962) “Tobacco products” means any of the following:

1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, and blunt wraps.

2. An electronic device that delivers nicotine, other substances or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

3. Any component, part, or accessory of a tobacco product, whether or not sold separately.

4. Exception. “Tobacco product” does not include drugs, devices or combination of products that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other Therapeutic purposes where the product is marketed and sold solely for such an approved purpose. (See California Business and Professions Code Section 22950.5) “Tobacco products sample” means a tobacco product and/or tobacco accessories distributed to members of the general public at no cost or at a nominal cost for product promotional purposes.
“Tobacco retailer” means any person who sells tobacco products and tobacco paraphernalia on a retail basis (but not in the quantity that qualifies the business as a tobacco store) in addition to other products and services being offered by the business.

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“Tobacco retailer permit” or “permit” means the certification issued by the department which allows a location to sell tobacco products and tobacco paraphernalia on a retail basis.
“Tobacco store or smoke shop” means any person which primarily sells tobacco products generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia; does not permit any person under 18 to enter unless with a parent or guardian; and does not sell alcoholic beverages or food for consumption on the premises. (See California Business and Professions Code Section 22962)

6.10.030 Flavored Tobacco Restrictions - Prohibition on the Sale of Flavored Tobacco City-wide.

A. It shall be unlawful for any tobacco retailer, tobacco store or their agents or employees to sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any flavored tobacco product.

This prohibition is applicable citywide.

B. There shall be a rebuttable presumption that a tobacco retailer or tobacco store in possession of four or more flavored tobacco products, including, but not limited to, individual flavored tobacco product, packages of flared tobacco product, or any combination thereof, possesses such flavored tobacco product with intent to sell or offer for sale.

C. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, tobacco store, manufacturer, or their agents or employees:

1. Made a public statement or claim that the tobacco product imparts a characterizing flavor.

2. Used text and/or images on the tobacco products labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor or

3. A ction directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

6.10.040 Sale of Flavored Tobacco by Wholesalers and Distributors.

Wholesalers and distributors may sell flavored tobacco products to other wholesalers, distributors and retailers.

6.10.050 Electronic Smoking Devices and Related Paraphernalia Restrictions - Prohibition on the S ale of Electronic Smoking Devices and related Paraphernalia City-wide.

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A. It shall be unlawful for any tobacco retailer, tobacco store or their agents or employees to sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any electronic smoking device and related paraphernalia, which includes, but is not limited to; cartridges, cartomizers, e -liquid ( i.e. any liquid or substance that can be used by an electronic smoking device), smoke juice, tips, atomizers, electronic smoking device batteries and chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. This prohibition is applicable citywide.

B. There shall be a rebuttable presumption that a tobacco retailer or tobacco store in possession of four or more electronic smoking devices or related paraphernalia possesses such electronic smoking devices and related paraphernalia with intent to sell or offer for sale

6.10.060 Sale of E lectronic Smoking Devices and related Paraphernalia by a Wholesalers and Distributors.

Wholesalers and distributors may sell electronic smoking devices and related paraphernalia to other wholesalers, distributors and retailers.

6.10.070 Minimum Package Size and Prices for Tobacco Products - Tobacco Product Pricing and Packaging.

A. Packaging and Labeling. No tobacco retailer or tobacco store may sell any tobacco product to any consumer unless such product:

1. Is sold in the original manufacturer’s packaging intended for sale to consumers; and

2. Conforms to all applicable federal labeling requirements.

B. Display of Price. The price of each tobacco product offered for sale must be clearly and conspicuously displayed to indicate the price of the product.

C. Prohibition of Tobacco Products Coupons and Discounts. No tobacco retailer or tobacco store may:

1. Honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;

2. Sell any tobacco product to a consumer through a multi-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for purchase of any tobacco product or any other item; or

3. Provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.

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D. Minimum Package Size for Little Cigars. No tobacco retailer or tobacco store may sell to a consumer any little cigar unless it is sold in a package of at least 20 little cigars.

E. Minimum Package Sizes and Prices for Cigarettes, Little Cigars, and Cigars.

No tobacco retailer or tobacco store may sell to a consumer:

1. Cigarettes at a price that is less than $8.00 per package of 20 Cigarettes, plus sales tax:

2. Little cigars at a price less than $8.00 per package of 20 little cigars, plus sales tax;

3. Cigars at a price that is less than $8.00 per package of five cigars, plus sales tax; or

4. An individual cigar at a price that is less than $7.00 for an individual cigar, plus sales tax.

F. Consumer Price Index Adjustment. The minimum prices in subsection E above, shall be adjusted July 1
st of each year beginning 2026 based on Consumer
Price Index for all urban users for all items for Central Valley statistical area as reported by the U.S. Bureau of Labor Statistics or successor index.

6.10.080 Tobacco Retailer Permitting and other Regulations - Tobacco Retailer and Tobacco Store Requirements and Prohibitions.

A. Tobacco Retailer Permit Required. It is unlawful for any person to act as a tobacco retailer, tobacco store or smoke shop in the city without first obtaining and maintaining a valid tobacco retailer permit under this chapter for each location at which the sale of tobacco products or tobacco paraphernalia on a retail basis is to occur. The sale of tobacco products or tobacco paraphernalia on a retail basis without a valid permit constitutes a nuisance as a matter of law unless such business is operating under a City Conditional Use Permit.

B. Lawful Business Operation. It is a violation of this chapter for any person to violate any local, state or federal law applicable to tobacco retailing.

C. Display of Tobacco Retailer Permit. Each tobacco store or smoke shop shall prominently display its tobacco retailer permit in a publicly visible area at the permitted location.

D. Positive Identification Required. No tobacco retailer, tobacco store or smoke shop may sell a tobacco product or tobacco paraphernalia to a person who is under the age of 30 years without first examining the identification of the consumer to confirm that the consumer is at least the minimum age for sale of tobacco products as established by state and federal law.

E. On -Site Sales. All sales of tobacco products and tobacco paraphernalia to consumers must be conducted in person at the permitted location. It is a ITEM 8

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violation of this chapter for any tobacco retailer, tobacco store or any agents or employees to:

1. Deliver tobacco products or tobacco paraphernalia

2. K nowingly or recklessly sell a tobacco product or tobacco paraphernalia to any person that intends to deliver such tobacco products or tobacco paraphernalia to a consumer in the city

3. S ell a tobacco product or tobacco paraphernalia at a non- fixed location, including, but not limited to, tobacco retailing by persons on foot or from vehicles.

F. False and Misleading Advertising Prohibited. A tobacco retailer or tobacco store without a valid permit, including, for example, a person whose permit has been suspended or revoked:

1. Must keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products and tobacco paraphernalia in violation of this provision constitutes tobacco retailing without permit in violation of Section 6.10 .060; and

2. Must not display any advertisement related to tobacco products and tobacco paraphernalia that promotes the sale of such products from the tobacco retailer or tobacco store’s location or that could lead a reasonable consumer to believe that such products can be obtained a that location.

G. Limited, Conditional Privilege. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a permit any status or right other than the limited conditional privilege to act as a tobacco retailer or tobacco store at the location in the city identified on the face of the permit.

6.10.090 Application Process.

A. Application for a tobacco retailer permit must be submitted in the name of each person proposing to conduct sales of tobacco products or tobacco paraphernalia and each person or an authorized agent thereof shall furnish to the business license division a sworn statement setting forth the information in this section.

B. It is the responsibility of each person to be informed of all laws applicable to tobacco retailing.

C. No person may rely on the issuance of a permit as a determination by the city that the person is in compliance with all a laws related to its operation. A permit issued contrary to this chapter or any other law, or on the basis of false or misleading information supplied by an applicant, shall be revoked under Section 06.10.170 of this chapter. Nothing in this chapter shall be construed to ITEM 8

ATTACHMENT A
vest in any person obtaining and maintaining a permit any status or right to act as a tobacco retailer or tobacco store in contravention of any provision of law.

D. All applications must be submitted on a form supplied by the business license division and must contain the following information:

1. The name, address and telephone number of each proprietor of the business seeking a permit;

2. The business name, address, and telephone number of the single fixed location for which a permit is sought;

3. An address for receipt of legal notice;

4. Proof that the location for which a permit is sought conforms with applicable zoning;

5. Proof that the location for which a permit is sought has been issued a valid California Cigarette and Tobacco Products Retailers Permit for the sale of tobacco products, if the tobacco retailer or tobacco store sells products that require such permit; (Cal Department of Tax and Fee Administration- AB71 C890 S2003)

6. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years; and

7. Such other information as the business license division deems appropriate for the administration or enforcement of this chapter.

E. A permitted tobacco retailer or tobacco store must inform the business license division and Police Department in writing of any change in the information submitted on an application for a permit within 10 business days of said change.

F. Tobacco Store or Smoke shop shall comply with current zoning regulations and not be within 1000 feet from any public or private elementary school, middle school, or high school or any public park or recreation center G. No specialty tobacco store or smoke shop shall be permitted to be located within 1000 feet of an existing specialty tobacco retailer or smoke shop.

H. Specialty tobacco retailers and smoke shops may operate up from 7:00 AM to 11:00 PM.

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6.10.100 Issuance of Tobacco Retailer Permit- Standards.

After receipt of a complete application for a tobacco retailer permit and the permit fee required by this chapter, the business license division and police department, after consultation with the community development department, shall issue a permit within 30 days unless substantial evidence demonstrates that one or more of the following bases for denial exists:

A. The application is incomplete or inaccurate;

B. The application seeks authorization for tobacco retailing by a person or at a location for which a suspension or revocation is in effect under S ection

6.10.170 of this chapter;

C. The application seeks authorization for tobacco retailing for a person to whom this chapter prohibits a permit to be issued; or

D. The application seeks authorization for tobacco retailing at a location that is in violation of applicable city zoning under Title 18 of this code, or is in violation of any other local, state, or federal law.

E. The applicant has had their permit suspended or revoked in another city or county.

6.10.110 Tobacco Retailer Permit Renewal and Expiration.

A. Renewal of Tobacco Retailer Permit. A tobacco retailer permit is invalid if the permit fee has not been timely paid in full or if the permit term has expired. The term of a permit is one year from January 1
st to December 31st of each calendar
year. Each tobacco retailer and tobacco store must apply for the renewal of their permit and submit the permit fee as required by the business license division and police department.

B. Expiration of Tobacco Retailer Permit. A permit that is not timely renewed shall expire at the end of its term. To renew a permit that was not timely renewed under subsection “A” above, the renewal applicant must:

1. Submit the permit fee and renewal application form; and

2. Submit a signed affidavit affirming the proprietor has not sold and will not sell any tobacco product or tobacco paraphernalia after the permit expiration date and before the permit is renewed.

C. If the proprietor has engaged in tobacco retailing during a period in which its permit is invalid, a permit may only be re-issued to eligible applicants following the applicable periods set forth in Section 6.10.160.

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6.10.120 Fees for Tobacco Retailer Permit.

A. The fee is $550.00 to issue, or $450.00 to renew, a tobacco retailer permit. The fee shall be adjusted July 1 st of each year beginning in 2026 based on Consumer Price Index for all urban users for all items for the Central Valley statistical area as reported by the U.S. Bureau of Labor Statistics or successor index.

B. For failure to pay the fee when due, the city shall add a penalty of: (1) 25 percent of said fee on the first day of February; and (2) 50 percent (non- cumulative) of said fee on the first day of March. When the first day of the month falls on a day when the City Hall is closed, payment of the fee due may be made on the next business working day without penalty.

C. Any permit issued pursuant to this title may be suspended by the city upon the failure of the tobacco retailer to pay any charges imposed by this title within 60 days after such charges or reports become delinquent.

D. No permit shall be issued, nor one which has been suspended or revoked shall be reinstated or reissued, to any person, who at the time of applying therefor, is indebted to the city for any delinquent permit, unless such person, with the consent of the city, enters into a written agreement with the city, to pay such delinquent taxes, plus five percent simple annual interest upon the unpaid balance, in monthly installments, or oftener, extending over a period not to exceed one year (12 months).

E. In any agreement so entered into, such person shall acknowledge the obligation owed to the city and agree that, in the event of failure to make timely payment of any installment, the whole amount unpaid shall become immediately due and payable and that his or her current permit shall be revocable by the city and/or police department upon a 30-day notice.

F. In the event legal action is brought by the city to enforce collection of any amount included in the agreement, such person shall pay all costs of suit incurred by the city or its assignee, including a reasonable attorneys fee. The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate provided in this section, but no penalties shall accrue on account of fees included in the agreement, after the execution of the agreement, and the payment of the first installment and during such time a such person shall not be in breach of the agreement.

6.10.130 Tobacco Retailer Permit Nontransferable.

A. A tobacco retailer permit may not be transferred from one person to another or from one location to another. A new permit is required if a tobacco retailing location has a change in proprietor, or a person issued a permit changes a business location for tobacco retailing.

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B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and permit ineligibility periods shall continue to apply to a location unless:

1. The location has been transferred to new proprietor in an arm’s length transaction; and

2. The new proprietor provides the city with clear and convincing evidence that the new proprietor has acquired or is acquiring the location in an arm’s length transaction.

6.10.140 Compliance Monitoring.

A. Compliance with this chapter shall be monitored by the police department. Any peace officer may enforce the provisions of this chapter. The city manager may designate additional persons to monitor compliance with this chapter.

B. A minimum of two compliance visits to each tobacco retailer permit location may occur each year.

C. Nothing in this section creates a right of action in any permittee or other person against the city or its agents.

D. Any and all investigating officials of the city shall have the right to enter a tobacco retailer or tobacco store’s business location from time to time during regular business hours to make reasonable inspections, including review of financial records to determine the percentage of gross receipts related to the sale of tobacco products and tobacco paraphernalia, to observe and enforce compliance with state or federal law, provisions of this chapter, and provisions of the municipal code. (AB935)

6.10.145 Security Requirements.

A. Security Plan required. Smoke Shop Operators/Applicants shall submit a security plan consistent with California State laws and this municipal code regarding the sales of tobacco. Prior to the approval of the Smoke Shop Permit, the applicant shall prepare and submit, for review by the Ceres Police Department Chief of Police or their designee, a security plan for approval.

Approval of the security plan by the Chief of Police or their designee shall not be unreasonably denied.

B. The Content of the security plan shall be incorporated as conditions of approval for the Smoke Shop Permit. As a part of the annual inspection process, the security plan shall be resubmitted for approval by the Chief of Police or their designee.

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C. Additional security measures such as reduced hours of operations, security guards, door monitors, and burglar alarm systems may be required if harm, nuisance, or related problems are demonstrated to occur as a result of business practices or operations. This will be determined on a case- by-case basis upon review by the Police Department.

Video Surveillance. Smoke Shops must maintain a fully functional color digital video camera system meeting the following requirements:

A. Security surveillance cameras and a video recording system shall be installed to monitor the interior, main entrance, all entries and exits (from both the inside and outside of the building), and the exterior Smoke Shop area to discourage loitering, crime, and illegal or nuisance activities.

B. The camera and recording system must be of adequate quality (at least HD), color rendition, and resolution to allow the identification of any individual present in the Smoke Shop area.

C. At each point-of-sale location, camera coverage must enable recording of the customer(s) and employee(s) facial features with sufficient clarity to determine identity.

D. In addition, remote and real -time, live access to the video footage from the cameras shall be provided to the Chief of Police or his/her designee(s) using such software as designated by the Chief of Police. The Smoke Shop Operator shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the Chief of Police or his/her designee(s), and that it is compatible with the City’s software and hardware.

E. All surveillance equipment, records, and recordings must be stored in a secure area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system.

F. Video from the security surveillance system camera shall be maintained for a period of not less than forty -five (45) days and shall be made available to the City upon request.

6.10.150 Violation.

A. It is a violation of this chapter to do any of the following:

1. Conduct tobacco retailing without permit

2. Conduct tobacco retailing at a location that is not permitted ITEM 8

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3. Conduct tobacco retailing at a location that is not fixed

4. Conduct tobacco retailing that involves the delivery of tobacco products or tobacco paraphernalia from a fixed location in the city to a customer at a different location in the city

5. Fail to fulfill the permittee obligations set forth in Section 6.10.080

6. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any flavored tobacco product prohibited by Section 6.10.030

7. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any electronic smoking device and related paraphernalia device prohibited by Section 6.10.060

8. Sell or offer for sale tobacco products which do not meet the minimum package sizes and prices in Section 6.10.070

9. Honor coupons or provide discounts to allow a consumer to purchase a tobacco product for less than full retail price as set forth in Section 6.10.070

10. Violate any local, state or federal law applicable to tobacco products, tobacco paraphernalia or tobacco retailing
B. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter C. Each sale in violation of this chapter shall be regarded as a new and separate offense. Each day any violation of this chapter continues shall be regarded as a new and separate offense. The remedies provided in this chapter shall be cumulative and exclusive.

D. Violations of this chapter are hereby declared to be public nuisances.

E. No monetary fines under the municipal code are to be assessed on employees of the permittee for such employee’s violations of this chapter. Violations of this chapter are subject to tobacco retailer fine, permit suspension or revocation as provided in Section 6.10.170.

6.10.160 Tobacco Retailing Without a Valid Permit.

A. In addition to any other penalty authorized by law, if the city finds or a court of competent jurisdiction determines, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid ITEM 8

ATTACHMENT A
tobacco retailer permit, either directly or through the person’s agents or employees, the person shall be ineligible to receive a permit as follows:

B. Upon a first violation of this section at a location within any five-year period, no new permit may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 30 days have passed from the date of the violation.

C. Upon a second violation of this section at a location within any five-year period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), unit one year has passed from the date of the violation.

D. Upon a third or subsequent violation of this section at a location within any five- year period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction).

6.10.170 Fine, Suspension or Revocation of Tobacco Retailer Permit.

A. Fine, Suspension or Revocation of Tobacco Retailer Permit for Violation. In addition to any other penalty authorized by law, a tobacco retailer permit shall be fined, suspended or revoked if the city finds or a court of competent

jurisdiction determines, after the permittee is afforded notice and an opportunity to be heard, that the permittee, or any of the permittee’s agents or employees, has violated any provision of this chapter.

1. Upon a finding of a first violation of this chapter at a location within any five-year period, the Business shall be Fined $500.00 for first violation.

2. Upon a finding of a second violation for this chapter at a location within any five-year period, the permit shall be suspended for 30 days or fined by the police department in the amount of $1000.00.

3. Upon a finding of three or more violations of this chapter at a location within any five-year period, the permit shall be revoked.

4. Upon a finding of any illegal activity such as gambling, Illegal sales of controlled substance or incidents outside of any tobacco related issues shall have permit revoked.

B. Revocation of Tobacco Retailer Permit Wrongly Issued. A permit shall be revoked if the police department finds, after the permittee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a permit under Section 6.7.100 existed at any time before the permit issued. Such a revocation shall be without prejudice to the filing of a new permit application.

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6.10.180 Notices.

A. Whenever the Police Department and/or Community Development department denies an application for a permit or permit renewal, the designated department shall issue a written notice of denial sent by either regular mail to the applicant’s address for notice listed on the permit application, or by personal delivery. The notice must include:

1. The reason for denial

2. A statement that the applicant may request a hearing on the denial of a permit by submitting a hearing request, writing, to the city clerk within 10 calendar days of the date of the notice and

3. A statement that the failure to request a hearing on the notice of denial will constitute a waiver of all hearing and appeal rights, and the denial of the permit will be final.

B. Whenever the city determines that a person has violated any provision of this chapter, the Police and/or designee shall send a written notice of the violation to the person by personal service or regular mail to the person’s address for notice listed on the permit application, if the person is a permit holder, otherwise to the location at which the violation occurred. The notice of violation may be combined with the notice of suspension or revocation below C. Whenever the Police Department or designee determines that grounds for suspension or revocation exits, it shall send a written notice of the suspension or revocation to the permit holder by personal service or by regular mail with proof of service, to the permit holder’s address listed for notice in the permit application. The notice must include:

1. A statement that the permit holder’s permit is being suspended or revoked under this chapter

2. The code section(s) violated, or applicable state or federal law violated, and a brief description of the violation(s)

3. The address or other description of the location where the violation(s) occurred

4. The date of the applicable violations(s)

5. The time period of the suspension or revocation

6. A statement that the permit holder may request a hearing on the suspension or revocation by submitting a hearing request in writing, to the city clerk within 10 calendar days of the date of the notice

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7. A statement that the failure to request a hearing on the notice of suspension or revocation will constitute a waiver of all hearing and appeal rights and the suspension or revocation will be final.

D. Service of notice shall be deemed complete at the time of personal service or the time the notice is deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceeding hereunder.

6.10.190 Hearing and Appeal.

A. Requesting for Hearing. Any recipient of a notice of denial for an application for a permit; denial of a renewal of a permit; or violation of this chapter described in Section 6.7.230 (A “notice”) may contest the determination described in the notice by completing a request for hearing form and returning it to the city clerk within 10 days from the date of the notice. The request for hearing shall include a statement of the specific action protested, together with any facts claimed to support the protest, as well as a statement of relief sought.

If such a timely request for hearing is made, it shall stay enforcement of the contested notice. If the request for hearing is found not timely or incomplete by the city clerk, the city clerk shall provide a written response to the requestor rejecting the hearing request.

B. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing. Written notice of the time and place for the hearing shall be provided in person or by mailing a copy thereof, postage prepaid, to the mailing address provided in the request for hearing form. Service shall be deemed to be complete at the time notice is personally served or deposited in the mail. The failure of any person to receive notice of hearing shall not affect the validity of any proceedings under this chapter.

C. If the Police Department or designee submits an additional written report concerning the notice to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing.

D. The failure of any person to file a request for hearing in accordance with this section shall constitute waiver of that person’s rights to administrative determination of the merits of the notice and any penalties assessed.

E. Hearing Officer. The City Manager shall designate the hearing officer.

F. Hearing Procedure.

1. A hearing before the hearing officer shall be set for a date that is not less than 10 business days and not more than 30 calendar days from the date that the request for hearing is filed in ITEM 8

ATTACHMENT A
accordance with the provisions of this chapter, unless otherwise agreed to by the police department and person requesting the hearing.

2. The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Oral evidence shall be taken only upon oath or affirmation. The Police department and the person requesting the hearing shall have the right to call witnesses, introduce documentary and physical evidence.

3. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the hearing and failure to exhaust administrative remedies.

4. The notice and any additional report or information submitted by the Police Department shall constitute prima facie evidence of the respective facts contained in those documents and records.

5. The hearing officer may continue the hearing and request additional information from the Police Department or the person requesting the hearing prior to issuing a written decision.

G. Hearing Officers Decision.

1. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the action described in the notice and shall list tin the decision the reasons for that decision.

2. If the hearing officer determines that the action described in the notice should be upheld, the hearing officer set forth a written decision including the applicable penalty as set forth in Section

6.7.220.

3. The person requesting the hearing shall be served with a copy of the hearing officer’s written decision. The decision shall include a statement that; person requesting the hearing may request an appeal of the hearing officer’s decision by submitting an appeal request, in writing, to the city clerk within 10 calendar days of the date of the hearing officer’s decision; failure to request an appeal will constitute a waiver of all appeal rights, and the decision of the hearing officer will be final.

4. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of fines or penalties upheld by the hearing officer.

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H. Appeal to the City Manager.

1. After receipt of the hearing officer’s written decision, the person requesting the hearing may appeal by sending a written appeal request to the city clerk within 10 days from the date of the hearing officer’s decision.

2. The appeal request should include facts that may justify rescinding the hearing officer’s decision. If such an appeal request is timely made, it shall stay enforcement of the appealed hearing officer's decision. The city clerk will forward the appeal request and supporting documents concerning the original notice and request for hearing to the city manager.

3. The city manager will review all information and determine if the hearing officer’s decision will stand.

4. The city manager, at his or her discretion, may hold a public hearing on the matter and accept oral and written testimony.

5. The person requesting the hearing will be notified in writing of the city manager’s decision concerning the appeal within 30 days after sending the written appeal request.

6. The decision of the city manager shall be final.

I. Judicial Review

1. Judicial review of the city manager’s decision and any penalties imposed under this chapter shall be taken under California Government Code Section 53069.4(b) and commenced within 20 days of the date of service of the decision.
(1) Cal Code Section 53069 (b) (1) Notwithstanding
Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition,
enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency’s file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the ITEM 8

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notice of appeal shall be served in person or by first -class mail upon the local agency by the contestant.
(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agency’s file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.
(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
(4) If no notice of appeal of the local agency’s final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.
(5) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.

6.1 0.2 00 Enforcement (AB935) (B&P 22978.3) (H&S 104559.1).

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. The Police Department, Hearing officer, or city manger shall suspend or revoke a permit for a violation of this chapter as set forth in Section 6.7.220

1. A violation of this chapter may be documented by an
administrative citation issued by police officer, community services officer, code enforcement officer of the police department.

2. A copy of the administrative citation may be provided to the person violating this chapter and another copy provided to the Police Department for it to commence enforcement as provided in the Section 6.7.400.

6.10.210 Sale of Tobacco Products from Self-service Displays.

Tobacco stores may have self -service displays of tobacco products only when in compliance with the Stop Tobacco Access to Kids Enforcement Act (STAKE) in California Business and Professions Code Sections 22950-22963 and other applicable federal and state laws.

ITEM 8

ATTACHMENT A
SECTION 2. SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid 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 the validity of the remaining portions thereof and shall continue to be in full force and effect.

SECTION 3. PUBLICATION AND EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of a general circulation at least within 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 fifteen (15) days after its passage.

This Ordinance was introduced at a regular meeting of the City Council held on the 25 th
day of August 2025, and passed and adopted as Ordinance No. 2025-XXX at a regular meeting of the City Council held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

APPROVED:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_________________________________
Nubia I. Goldstein, City Attorney
ITEM 8

ATTACHMENT B
City of Ceres

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA on Ju ly 28, 2025 at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following: An Ordinance of the City Council of the City of Ceres adding Chapter 10, Tobacco and Smoke Shop Restrictions, to Title 6, Health and Sanitation, of the Ceres Municipal Code.

The ordinance prohibits the sale of any flavored tobacco product, electronic smoking device, or related paraphernalia in the City of Ceres, with exceptions for wholesalers and distributors to sell to other wholesalers, distributors, and retailers. The ordinance also provides guidelines for the packaging, display, and pricing of tobacco products. In addition, the ordinance requires tobacco retailers to obtain a permit , and the ordinance provides a permitting and enforcement process. The ordinance imposes additional regulations on the sale of tobacco products in the City of Ceres.

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

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

/s/ Fallon Martin, City Clerk

Date Notice Posted: July 16, 2025
ITEM 8
ITEM 8

ATTACHMENT C

TOBACCO RETAILER PERMIT APPLICATION Citation Permit #______________ This Application is for (check one):
___ NEW ___ Annual Renewal ____ Change of Ownership (non-transferable) ____ Reissuing Revoked Permit

BUSINESS INFORMATION:

Business Name/DBA:_____________________________________________________________________________ Business Address: _______________________________________________________________________________ Mailing Address: _________________________________________________________________________________ Bus Ph#(_____)_______________ Alt #(_____)_______________ Email: ___________________________________ CDTFA Cigarette and Tobacco Products Retailer License #________________________________________________ (Copy must accompany this application)
OWNER INFORMATION:

Owner Name/s:___________________________________________________________________________________ Owner/s Address: _________________________________________________________________________________ Authorized Agent Mailing Address: ____________________________________________________________________ Owner Ph#(_____)_______________ Alt/Mobile #(_____)______________ Email: _____________________________ Owner ID/Driver’s License No.__________________________________ Expiration Date:________________________

Has the proprietor, or agent of the proprietor, admitted to violating, or has been found to have violated, Chapter 9.32 and, if so, please submit on a separate sheet, the dates and locations of all such violations within the previous five (5) years.

YES,__________ NO__________ (if yes, attach a written statement) □ I certify that I have verified that the location for which this permit is sought conforms with applicable zoning regulations.

I certify that I have read, understand, and will comply with all regulations governing all TOBACCO RESTRICTIONS as listed in Chapter 6.10.000 of the Ceres Municipal Code (and on the reverse side of this form). If, at any time in the future, I can no longer comply with all of the regulations, I shall immediately cease operation of the business.

Applicant’s Signature: _______________________________________________ Date: _______________

Please Submit Fees with application - New Permit $550.00 and Renewal Permit $450.00

(OFFICE USE ONLY)
Business License Verified Date: _____________ CDTFA Tobacco License Verified: ___________________ Received: $_________________________ Date: _________________________Check No.___________________

Approved:__________________________Date:___________________________ Denied:____________________________Date:___________________________

City of Ceres Police Department

ITEM 8

ATTACHMENT C

PLEASE SEE REVERSE SIDE FOR ADDITIONAL INFORMATION

Any person or business which intends to sell tobacco products or tobacco paraphernalia on a retail basis must obtain and maintain a tobacco retailer permit.

“Tobacco product” means any of the following:
a. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, and blunt wraps.
b. An electronic device that delivers nicotine, other substances or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.
c. Any component, part, or accessory of a tobacco product, whether or not sold separately. d. Exception. “Tobacco Product” does not include drugs, devices or combination of products that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. (See Cal. Business and Professions Code §22950.5.) https://leginfo.legislature.ca.gov

“Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps, pipes, holders of smoking materials of all types, cigarette rolling machines, e-cigarette liquid pods and any other item designed primarily for the smoking or ingestion of tobacco products. (See Cal. Business and Professions Code §22962.) https://leginfo.legislature.ca.gov

The sale of tobacco products and tobacco paraphernalia is governed by City of Ceres Municipal Code Chapter

6.10.000, which includes, but is not limited to, the following restrictions:

 Prohibition on the sale of flavored tobacco products citywide  Prohibition on the sale of electronic smoking devices and related paraphernalia citywide  Minimum package sizes and pricing
 No new tobacco retail sales sites within 1,000 feet of public schools, parks or recreation facilities

Please check each box and sign and date below to indicate that you understand and will comply with the following regulations:
□ Must have a valid CDTFA Cigarette and Tobacco Products Retailer License □ Must comply with City of Ceres Municipal Code Chapter 6.10.000

I understand, acknowledge, and agree that I am responsible for the conduct of the tobacco retailer business and the business’s employees and independent contractors, and that failure to comply with applicable state, federal, or local (including, but not limited to, City of Ceres Municipal Code Chapter 6.1 0.000) law may result in suspension or revocation of the Tobacco Retailer Permit, and other additional administrative, criminal, or civil fines, penalties and actions. I hereby declare, under penalty of perjury, that the foregoing is true and correct.

Applicant’s Signature: ___________________________________________ Date: ___________________

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: August 25, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Delilah Vasquez, Human Resources Director
[email protected], (209) 538-5772
SUBJECT:

Resolution No. 2025-XXX, Approving a Budget Amendment in the Amount of $750,108.30 for Fire Risk Management Services Medical Benefits Coverage Special Assessment Approving the Allocation of $750,108.30 for Fiscal Year 2025/26 and $ 600,086.68 for Fiscal Year 2026/27 and Approving a Budget Amendment in the Amount of $750,108.30 for Fiscal Year 2025/26 for Fire Risk Management Services Medical Benefits Coverage Special Assessment
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a budget amendment in the amount of $750,108.30 for the Fire Risk Management Services medical benefits coverage assessment.

I. BACKGROUND:

The City of Ceres is a participating member of the Joint Powers Authority (JPA) known as the Fire Risk Management Services (FRMS) . The purpose of FRMS is to establish , operate, and manage health and welfare benefit programs for active and retired employees, officers, and legislative members of public agencies . FRMS is a non -profit public benefit corporation organized to support and represent the interests of its member agencies.

On July 1, 2023, the Fire Districts Association of California Employment Benefits Association (FDAD EBA) and Fire Agencies Self Insurance System (FASIS) consolidated to form FRMS. The new JPA provides a multi-line risk pool offering employee benefits and worker’s compensation coverage to eligible fire districts and emergency service agencies across California. The consolidation was intended to streamline administrative resources and financial operations , reduce redundancy, and improve efficiency for the benefit of member agencies.

On March 27, 2023, the Ceres City Council authorized participation in the amended and restated JPA with FRMS. The City began participating in FRMS’s self-insured ITEM 9
employment benefits program for medical, dental, vision, and life accidental death & dismemberment coverage starting January 1, 2024, through the present.

II. REASONS FOR RECOMMENDATION:

On July 24, 2025, the City received formal notification from the FRMS Board of Directors regarding two actions approved on June 23, 2025, to address the deteriorating financial condition of the medical benefits program:

1. Adoption of Resolution 2025-04 - Imposing a Special Assessment on all members for plan years 2024 and 2025.

2. Adoption of Resolution 2025 -05 - Terminating the medical benefits coverage program effective December 31, 2025.

These actions do not affect other FRMS programs such as workers compensation, which remains in good financial standing.

FRMS continues to evaluate medical coverage options for members but has encouraged all agencies to seek their own solutions for 2026. The city is working with Keenan and Associates to secure new benefits coverage beginning January 1, 2026.

FRMS maintains funds for each coverage program based on member contributions.

However, starting in mid -2024, contributions for the medical benefits program became insufficient to meet the cost of claims and expenses. As of April 30, 2025, the program’s net position (assets minus liabilities) was negative $11,791,932, which includes $2,704,748 deficit for calendar year 2024, $3,073,942 deficit for January – April 2025, and $6,013,243 projected deficit for May through December 2025.

The deteriorating trend in program costs is attributable to both increase d medical utilization across member agencies as well as an un usually high number of costly procedures and treatments over the past 24 months. Delays in processing and payments have compounded the program’s financial decline. FRMS is currently in dispute with a stop-loss carrier over more than $5,000,000 in reimbursements for 2023 and 2024. This has added to cash flow pressure on the program and need for immediate action by the board.

To address the funding shortfall, the FRMS Board approved a Special Assessment for calendar 2024 and 2025. Assessments are calculated based on each agency’s portion of total medical contributions over the two-year period.

On July 30, 2025, the City of Ceres received a Special Assessment for a total of $1,350,194.98. The assessment is broken down as follows: $330,275.53 for 2024 and $1,019,919.49 for 2025 . Payment is due in eighteen (18) equal monthly installments of $75,010.83 beginning September 1, 2025. A 1% penalty per month will be applied to late or missed payments and final installment due by February 1, 2027. Payments are due on the 1st of each month unless this date falls on a weekend or holiday then payment is due the business day prior.

ITEM 9
There is an early payoff option if paid in full by October 1, 2025, the City will receive an 8% discount totaling $108,015.59. The discounted payoff amount is $1,242,179.39.

FRMS has agreed to waive the three-year participation requirement, allowing the City to exit the program without penalty. Ongoing reviews by FRMS and Keena n may lead to adjustments in assessment amounts based on stop-loss recoveries, claims audit finding, and variation in actual versus expected claims. Updates will be reported by FRMS at 6 - month intervals going forward.

While the early payoff option discount is financially attractive in isolation, the current uncertainty surrounding potential claim recoveries and the stop-loss dispute creates a risk of overpayment and difficulty in obtaining reimbursement. Selecting the monthly payment option preserves liquidity, aligns with fiscal responsibility, and positions the City to adjust quickly to any changes in assessment amounts. Staff recommends monthly installments of $75,010.83 beginning September 1, 2025.

III. FISCAL IMPACTS:

The total fiscal impact of the FRMS Special Assessment, if paid in monthly installments beginning September 1, 2025, is $1,350,194.98. For Fiscal Year 2026, payments totaling $750,108.30 will be required. Funding for this portion will be allocated from the following sources:
• $472,568.23 from the General Fund
• $150,021.66 from the Water Fund
• $127,518.41 from the Sewer Fund
Approval of this recommendation will require a budget amendment in the amount of $750,108.30 as indicated above.

The remaining balance of $600,086.68 will be budgeted in Fiscal Year 2027, allocated as follows:
• $378,054.60 from the General Fund
• $120,017.34 from the Water Fund
• $102,014.74 from the Sewer Fund
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The proposed action aligns with government operations within the Strategic Plan of providing quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped and sufficient staff who partner with other public agencies to provide efficient services.

V. POLICY ALTERNATIVES:

The Council may defer or decline payment of the FRMS Special Assessment.

Should the City choose not to authorize payment of the FRMS Special Assessment, either in full or by monthly installments, the following consequences would apply:

ITEM 9
• The City will incur a penalty of 1% per month on any unpaid installment amount, as outlined by FRMS. This would result in escalating costs over time, ultimately increasing the total financial obligation beyond the current assessment amount. • If the City does not pay the full assessment by October 1, 2025, it will forfeit the 8% discount ($108,015.59), resulting in a higher financial burden of $1,350,194.98 versus the reduced lump-sum option of $1,242,179.39.
• As a participating member of the JPA, the City has a legal and financial obligation to comply with board -imposed assessments. Non -payment could result in legal action or further financial liabilities as determined by the FRMS board.

VI. INTERDEPARTMENTAL COORDINATION:

Staff collaborated with the City Manager and Finance Department to evaluate the financial impact of the FRMS Special Assessment and to identify appropriate funding. This joint effort ensured that the funding plan minimizes disruption to existing department budgets while fulfilling the City’s financial obligations to FRMS in a responsible and timely manner.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Finance will process the budget amendment and issue payment to FRMS for the Special Assessment.

Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – FRMS Invoice
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF
$750,108.30 FOR FIRE RISK MANAGEMENT SERVICES MEDICAL

BENEFITS COVERAGE SPECIAL ASSESSMENT
APPROVING THE ALLOCATION OF $750,108.30 FOR FISCAL YEAR 2025/26 AND $600,086.68 FOR FISCAL YEAR 2026/27 AND

APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF
$750,108.30 FOR FISCAL YEAR 2025/26 FOR FIRE RISK

MANAGEMENT SERVICES MEDICAL BENEFITS COVERAGE

SPECIAL ASSESSMENT

THE CITY COUNCIL
City of Ceres
WHEREAS, on March 27, 2023, the Ceres City Council authorized participation in the amended and restated Joint Powers Authority (JPA) with Fire Risk Management Services (FRMS) for medical, dental, vision, and life/AD&D coverage; and WHEREAS, on July 24, 2025, the City of Ceres received notification from FRMS terminating coverage effective December 31, 2025, and imposing a special assessment on all members for plan years 2024 and 2025; and
WHEREAS, starting in mid-2024, contributions for medical benefits program became insufficient to meet the cost of claims and expenses. As of April 30, 2025, the programs net position (assets minus liabilities) was negative $11,791,932, which includes $2,704,748 deficit for calendar year 2024, $3,073,942 deficit for January – April 2025, and $6,013,234 projected deficit for May through December 2025; and WHEREAS, to address the funding shortfall, the FRMS Board approved a Special Assessment for calendar year 2024 and 2024 for all members. Assessment was calculated based on each agency’s portion of total medical contributions over the two- year period; and
WHEREAS, on July 30, 2025, the City of Ceres received a Special Assessment for a total of $1,350,194.98. The assessment is broken down as follows: $330,275.53 for 2024 and $1,019,919.49 for 2025. Payment is due in eighteen (18) equal monthly installments of $75,010.83 beginning September 1, 2025, or in a lump sum payment of $1,242,179.39 if paid in full by October 1, 2025, to receive an eight percent (8%) discount.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a budget amendment in the amount of $750,108.30 for Fire Risk Management Services Medical Benefits Coverage Special Assessment the allocation of $750,108.30 for Fiscal Year 2025/26 and $600,086.68 for Fiscal Year 2026/27 and approves a budget amendment in the amount of $750,108.30 for Fiscal Year 2025/26 for Fire Risk Management Services Medical Benefits Coverage Special Assessment.

ITEM 9

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

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of August 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 9
Budget Amendment No.

Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:

Appropriations:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenues:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:

ITEM 9

ATTACHMENT B
ITEM 9
Inquiries can be directed to the following:

Billing and remittance questions – Email [email protected], CC [email protected] General questions – Email [email protected], CC [email protected] 1750 CREEKSIDE OAKS DRIVE
SUITE 200
SACRAMENTO, CA 95833

INVOICE
COVERAGE PERIOD: 01/01/2024 – 12/31/2025
INVOICE NO.: FRMS00579
INVOICE DATE: 07/28/2025
DUE DATE: 1ST OF EACH MONTH
BILL TO: City of Ceres
2220 Magnolia Street
CERES, CA 95307
2024 & 2025 SPECIAL ASSESSMENT

DESCRIPTION AMOUNT
Special Assessment 2024 $330,275.53
Special Assessment 2025 $1,019,919.45
TOTAL AMOUNT DUE $1,350,194.98
If paying in full (reduced by 8%):

If paying in 18 monthly installments:

If
Total Special Assessment is paid in full by October 1, 2025 (Post-marked), the total amount would be reduced by 8%. For example, if a member owes a Total Special Assessment of $100,000 (from 2024 and 2025 combined), Total Special Assessment would be $92,000 if all $92,000 is paid and post-marked by October 1, 2025. $1,242,179.39
$75,010.83
ITEM 9

ATTACHMENT C
Inquiries can be directed to the following:

Billing and remittance questions – Email [email protected], CC [email protected] General questions – Email [email protected], CC [email protected] No Prepayment Penalty at any time.
18 Equal Monthly Installment: Each Monthly Payment is Due on the 1 st of each month starting September 1 st, 2025. (If the 1 st falls on a weekend or holiday, we would expect payment prior to that weekend or holiday). The last monthly installment would be February 1 st, 2027.

If a member does not pay a Special Assessment installment within 30 days of the due date stated on the FRMS assessment invoice, the member shall pay to FRMS a penalty in the amount of one percent (1%) of the installment amount per month outstanding.

ACH/Wire Transfer Instructions:

Fire Risk Management Services
Bank Name: California Bank & Trust
Bank Address: 520 Capital Mall, Suite 750
Sacramento, CA 95814-4714
ABA/Routing Number: 121002042
Account Number: 1030063411
Check must be made payable to “FRMS” and mailed to:

Fire Risk Management Services
Dept. C359
P.O. Box 509015
San Diego, CA 92150-9015
ITEM 9

ATTACHMENT C

Ceres City CouncilAugust 25, 2025

Ceres City Council
August 25, 2025