Agenda — Ceres City Council, September 22, 2025

AGENDA
Amendment #1
Dated: September 18, 2024

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, September 22, 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
Click this link to join the webinar:
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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
September 22, 2025

Page 2 ends

Invocation by Jim Stochl, Harvest Presbyterian Church.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Camila Torrez, Carroll Fowler Elementary School.

PRESENTATIONS

A. National Fire Prevention Week Proclamation

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

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

CONFLICT OF INTEREST DECLARATION

APPOINTMENTS TO BOARDS/COMMISSIONS

None

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

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

1. Clerks Report of Posting. The agenda of the September 22, 2025, City Council Meeting was Posted on Wednesday, September 17, 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 25 , 2025, Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand (s) Dated August 27 , 202 5, through September 3 , 2025. (Esenwein)

5. Resolution No. 2025 -XXX, Accepting the Lucchesi Lane Sewer Re habilitation Project as Complete, Authorizing the Release of the Remaining Retention to the AGENDA
Regular City Council Meeting
September 22, 2025

Page 3 ends

Contractor, and Authorizing the Filing of the Notice of Completion. (Beltran)

6. Resolution No. 2025-XXX, Accepting the Ochoa Park Phase II Improvements as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Authorizing the Release of the Remaining Retention to the Contractor. (Beltran)

7. Resolution No. 2025 -XXX, Ratifying the Applications to S tanislaus Council of Governments for the Congestion Mitigation Air Quality Grant and the Surface Transportation Block Grant to Reimburse up to 80% of the Design and Construction of Eight (8) Projects. (Beltran)

8. Resolution No. 20 25-XXX, Approving a Three-Year Professional Service s Agreement with MuniService LLC in the Amount of $9,825.00 for Sales, Use and Transaction Tax Audit and Recovery Audit Services , and Authorizing the City Manager to Execute the Agreement. (Esenwein)

9. Resolution No. 2025 -XXX, Approving the Elimination of One (1) Vacant Administrative Secretary Position and Adding One (1) Planning Technician Position. (Aguirre)

10. Resolution No. 2025 -XXX, Approving a Professional Services Agreement with Gouveia Engineering in the amount of $35,000.00 for Principal Planner Services and Authorizing the City Manager to Execute the Agreement. (City Manager)

11. Resolution No. 2025-XXX, Approving an Agreement with the Lew Edwards Group to Provide Planning, Communication and Engagement Services for Quality -of-Life Vision, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (City Manager)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

12. Resolution No. 2025 -XXX, Approving the Appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 24 -25 for the Truck Stop Grub Hub and Outdoor Music Venue Located at 1379 E. Whitmore Avenue, Ceres, CA (APNs: 040-089-033, -034, -035). (City Attorney)

PUBLIC HEARING

13. Ordinance No. 2025-XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 13 – Water and Sewer, Chapter 3 – Rates and Charges, Section 030 – Water Connection Fee, of the Ceres Municipal Code. (Beltran)

AGENDA
Regular City Council Meeting
September 22, 2025

Page 4 ends

14. Ordinance No. 2025-XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 15, Building and Construction, Chapter 8, California Fire Code, of the Ceres Municipal Code to Adopt the 2025 California Fire Code. (Bickle)

NEW BUSINESS

15. Resolution No. 2025-XXX, Authorizing the Increase of the City Manager’s Signing Authority from $25,000 to $250,000 for On-Call Engineering Contract Task Orders. (Beltran)

DISCUSSION ITEMS

None

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

16. Review City Attorney Cost
(Requested by Councilmember Vierra at the August 25, 2025, Regular City Council Meeting)

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

17. Conference with Legal Counsel – Existing Litigation , Cal Gov’t Code §54956.9 “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: Charanjit “Sunny” Ghai; Ghai Management Services, Inc. vs. City of Ceres City Council, et al. Stanislaus County Superior Court Case Number: CV - 25-008787

REPORT FROM CLOSED SESSION

AGENDA
Regular City Council Meeting
September 22, 2025

Page 5 ends

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on October 13, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Council Agenda:

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

Related Materials:

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

Notice regarding Americans with Disabilities Act:

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

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for th e Regular City Council Meeting was posted on Wednesday, September 17, 2025, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

DECLARING OCTOBER 5th – 11th, 2025 AS

NATIONAL FIRE PREVENTION WEEK
WHEREAS, the City of Ceres is committed to ensuring the safety and security of all those living in Ceres and visiting; and
WHEREAS, fire remains a serious public safety concern both locally and nationally, and the presence of lithium -ion batteries in many household devices introduces unique fire risks; and
WHEREAS, most of the electronics used in homes daily — including smartphones, tablets, laptops, power tools, e -bikes, e-scooters, and toys — are powered by lithium -ion batteries, which if misused, damaged, or improperly charged, can overheat, start a fire, or explode; and
WHEREAS, the National Fire Protection Association ® (NFPA®) reports an increase in battery -related fires, underscoring the need for public education on the safe use of lithium-ion batteries; and
WHEREAS, residents should follow three key calls to action: buy only listed products, charge batteries safely, and recycle them responsibly to prevent battery -related fires; and
WHEREAS, lithium-ion batteries store a large amount of energy in a small space, and improper use such as overcharging, using off -brand chargers without safety certification, or exposing batteries to damage can result in fire or explosion; and WHEREAS, the proper disposal and recycling of lithium -ion batteries help prevent environmental hazards and reduce fire risks in the home and community; and WHEREAS, Ceres first responders are dedicated to reducing the occurrence of fires through prevention, safety education, and community outreach; and WHEREAS, the 2025 Fire Prevention Week ™ theme, “Charge into Fire Safety ™:

Lithium-Ion Batteries in Your Home,” serves to remind us of the importance of using, charging, and recycling lithium -ion batteries safely to reduce the risk of fires in homes and communities.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Daniel A. Martinez, Councilmembers James Casey , Rosalinda L.

Vierra, and Cerina Otero, do hereby proclaim October 5th – 11th, 2025, as Fire Prevention Week throughout Ceres.

Proclaimed this 22nd day of September 2025
___________________________
Javier Lopez, Mayor
ITEM A
ITEM A

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
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 called the August 25, 2025, meeting to order at 6:00 p.m.

ROLL CALL – Present:

Mayor: Javier Lopez
Vice Mayor: Daniel A. Martinez (District 4)
Councilmembers: James Casey (District 1); 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 Absent Present Present

INVOCATION
Invocation by Stan Risen, Big Valley Grace Community Church.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS
A. Code Enforcement Presentation
Code Enforcement staff gave the presentation.

Council and staff discussion included Independence Park, CARE, and street vendors.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 25, 2025

Page 2 ends

B. Stanislaus Animal Services Agency (SASA) Presentation

Lily Yap gave the presentation.

Council and staff discussion included after hour calls, SASA phone tree, low -cost vaccination clinics, and call out stats for FY 2023/24.

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

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

John Warren spoke regarding the VFW and American Legion’s Patriots Day (September 11th) event, Code Enforcement presentation, and American Rescue Plan Act (ARPA) funds.

Brandy Meyer spoke regarding a non-profit mixer, ribbon cutting for WoodSpring Suites, golf tournament, and the one table one community events.

Gene Yeakley spoke regarding trespassing, child abuse, and thanked Code Enforcement.

CONFLICT OF INTEREST DECLARATION

None

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONSENT CALENDAR

1. Clerks Report of Posting. The agenda of the August 25, 2025, City Council Meeting was Posted on Wednesday, August 20, 2025. (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 , 2025, through August 6 , 2025. (Esenwein)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 25, 2025

Page 3 ends

5. Resolution No. 2025 -101, 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)

6. Resolution No. 2025 -102, 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 -1090, 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)

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving items 1 – 7. Motion carried 4/0/1/0 by the following roll call vote:

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

None

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)

Police Chief, Trenton Johnson, 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 25, 2025

Page 4 ends

Mike Warda spoke regarding illegal operations of smoke shops, live security, affect smoke shops have on cannabis shops, product lists, and application process.

David Cisneros spoke in support of the ordinance, effectiveness of this ordinance in other cities, undercover purchases at smoke shops, and survey data.

Ava Alvarado spoke regarding smoking and vaping in schools and the effect the ordinance will have on students.

Katie Moosespoke regarding enforcement with the proposed ordinance.

Mayor Lopez closed the public hearing.

Council and staff discussion included concerns with tobacco use in schools, investigating, cap on smoke shops in Ceres, current number of smoke shops in Ceres, private security, product list, and thanks to Assemblyman Juan Alanis’ office.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 8. Motion carried 3/1/1/0 by the following roll call vote:

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

NEW BUSINESS

9. Resolution No. 2025-103, 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)

Human Resources Director, Delilah Vasquez, introduced the item.

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

Council and staff discussion included employee coverage through the calendar year, estimated total cost, City representative on the Fire Risk Management Services board or attending the board meetings, what the total cost is based on, timeline of notification, and how the City will be moving forward with health insurance coverage.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 9. Motion carried 4/0/1/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 25, 2025

Page 5 ends

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

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS

Presentation on Attorney Fees
(Requested by Councilmember Vierra)

REPORTS

• Mayor

Nothing to report

• City Council

Councilmember Vierra spoke regarding MCERT, Coffee with a Cop, Measure H meeting, book signing at BK Bookstore & More, and Tuscany Village.

Councilmember Casey spoke regarding September 11 th and the meaning behind the POW and MIA flag.

• City Manager

Nothing to report.

• City Attorney

Nothing to report

• Departments

Redevelopment & Economic Development Manager, Julian Aguirre, spoke regarding business licenses and going live with HdL.

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.” ITEM 3

DRAFT MINUTES
Regular City Council Meeting
August 25, 2025

Page 6 ends

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

Mayor Lopez introduced Closed Session item #10 and announced that Closed Session item #11 had been cancelled.

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

REPORT FROM CLOSED SESSION

Mayor Lopez reported that staff has been given direction.

ADJOURNMENT

The next 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.

There being no further business, Mayor Lopez adjourned the meeting at 7:57 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: September 22, 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 August 27, 2025 , through September 3, 2025
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated August 27, 2025 , through September 3, 202 5, covering obligations to be paid by general warrants in the amount of $1,367,650.75
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 August 27, 2025, through September 3, 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 2025-26 budget. There is a $1,367,650.75 fiscal impact for the period of August 27, 2025, through September 3, 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 August 27, 2025, through September 3, 2025 ITEM 4

ATTACHMENT A
9/5/2025
1 Date Vendor Name PO # Invoice Description Amount
300.00
22600002 89.95
22600002 89.95
479.90
115.00
115.00
175.90

81.03 74.77

28.82 52.02

17.24 429.78
22600017 6,505.00
6,505.00
364.14
364.14
1,903.53
1,903.53
22500145 436.50
22500047 3,062.50
3,499.00
486.92
491.50
978.42

77.38 77.38Total:

ICE MAKER SEMI-ANNUAL SERVICE @ COSTA FIELDS
Total:
08/27/25 CALIFORNIA LANDSCAPE SUPPLY, INC. FILL DIRT 4TH ST JUL 25 2022 WATER MAIN AND SERVICE REPLACEMENT
Total:
08/27/25 PARDY BOUNTHAVONG SERVICED ICE MAKER @ FS 17 Total:
08/27/25 BLACK WATER CONSULTING ENGINEERS, INC 2025 URBAN WATER MANAGEMENT PLAN UPDATE Total:
08/27/25 BAY ALARM COMPANY WRRF COMPOUND CAMERAS $ MONITORING QUARTERLY Total:
08/27/25 AZCO SUPPLY, INC. 12 STREET LIGHT POLE ANCHOR BOLTS.

Total:
08/27/25 ANIMAL DAMAGE MANAGEMENT INC AUG 25 PEST CONTROL SRVCS CITY FACLITIES/PARKS

SPRINKLERS IRRIGATION/ EQUIPTMENT GREASE
2 CYCLE OIL FOR EQUIPMENT

WEED TRIMMER HEADS

BEARING SHAFT FOR EDGER

AMBER STROBE LIGHT FOR WATER PICK-UP
Total:
08/27/25 AMAZON CAPITAL SERVICES, INC. SIGN,BATTERIES,GAS CAN,INDICATOR BULBS,PVC COUPLER Total:
08/27/25 209 MULTIMEDIA CORPORATION LEGAL AD: CC#7-12 PH NOTICE-25-13 TPM & 25-14 SPA 08/27/25 1ST SECURITY & SOUND, INC SERVICE ON SECURITY CAMERAS @ CCC FIRE AND SECURITY ALARM SERVICES @ ROCKEFELLER
FIRE AND SECURITY ALARM SERVICES @ ROCKEFELLER
Voucher List
City of Ceres
ITEM 4

ATTACHMENT A
9/5/2025
2 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres

25.00 25.00

25.00 275.00
398.00
398.00
1,578.99
1,578.99
22600030 669,331.58
669,331.58
22400089 5,799.75
5,799.75
10,581.24
10,581.24
1,290.47
1,290.47
22600034 75,010.83
75,010.83
712.00
712.00Total:

Total:
08/27/25 GARYS FENCING & WIRE SUPPLY, INC GATE FOR MOON VIEW STORM DRAIN POND REPLACE DAMAGE Total:
08/27/25 FIRE RISK MANAGEMENT SERVICES SPECIAL ASSESSMENT AUG 25 Total:
08/27/25 FERGUSON US HOLDINGS, INC 14' SDR PIPE FOR DI PROJECT ON HATCH RD Total:
08/27/25 DELTA DENTAL OF CALIFORNIA SEPTEMBER 2025 DENTAL PREMIUMS Total:
08/27/25 CONCO WEST INC. AUG 25 WELL 22 GAC TRTMNT PROJ P23-008 RESO24-001 Total:
08/27/25 CITY OF MODESTO AUG 25 CERES FIRE SRVS CONTRACT Total:
08/27/25 CHARTER COMMUNICATIONS 8/1 TO 8/31/2025 INTERNET SVCS FIBER AND CABLE Total:
08/27/25 CHARTER COMMUNICATIONS 08/04 - 08/31/25 SCADA FIBER SVCS WASTEWATER FLAT TIRE PD UNIT #105
PD FORD TAURUS UNIT #101 DOLLY
FLAT TIRE PD UNIT #234
FORD F150 PD SIREN OUT UNIT #4121319
FORD POLICE INTERCEPTOR UNIT #104
FLAT TIRE PD UNIT #109
FLAT TOW PD UNIT #14-216-08
LAWN MOWER TORO MOTOR UNIT #4064123
FLAT TIRE PD UNIT #102
FLAT TIRE PD UNIT #110
08/27/25 CERES BODY SHOP, INC FLAT TOW PD TRUCK #228 ITEM 4

ATTACHMENT A
9/5/2025
3 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
2,891.60
2,512.95

42.80 696.15
6,143.50
101.57
149.25
148.33
399.15
22300043 4,309.85
4,309.85
149.00
149.00

92.81 199.87

12.12 304.80
125.00
125.00
810.55
810.55
115.42
115.42
7,633.00
8,301.91
15,934.91

55.53 55.53
111.06
08/27/25 HUNT OIL OF CALIFORNIA PROPANE FOR FLEET DEPT.

PROPANE FOR PATCH TRUCK
Total:
08/27/25 HUNT & SONS LLC 8/1-8/15/25 FUEL FOR PD
8/1-8/15/25 FUEL FOR PW
Total:
08/27/25 HUGHSON FARM SUPPLY 1 PAIR OF LOPPER PRUNERS Total:
08/27/25 HERITAGE-CRYSTAL CLEAN, LLC PARTS/ AQUEOUS COMBINATION WASHER Total:
08/27/25 HAO VAN LE MONTHLY ANALYSIS AUGUST 2025
Total:

HYDROLIC HOSES
T-BOLT CLAMP WATER DEPT.

Total:

Total:
08/27/25 GREEN RUBBER-KENNEDY AG FITTINGS FOR SWEEPER CLEAN OUT Total:
08/27/25 GOVERNMENT FINANCE OFFICERS ASSOCIATION GAAFR PLUS Total:
08/27/25 GOUVEIA ENGINEERING, INC. PLANNING SERVICES JULY 25 08/27/25 GEORGE REED, INC. 0.99 TONS OF ASPHALT FOR CITY PATCHING

1.93 TONS OF ASHPALT FOR CITY PATCHING

1.50 TONS OF ASPHALT FOR CITY PATCHING

DRINKING WATER QUALITY SAMPLES

DRINKING WATER NITRATE SAMPLES

DRINKING WATER BACTI SAMPLES
Total:
08/27/25 GEOANALYTICAL LABORATORIES, INC DRINKING WATER QUALITY SAMPLES ITEM 4

ATTACHMENT A
9/5/2025
4 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres

97.47 97.47
16,468.98
1,472.28
1,472.28
22600009 250.00
22600009 250.00
22600009 250.00
22600009 250.00
22600009 250.00
22600009 250.00
20,913.54

68.06 68.06
181.61
156.26
337.87
201.89
201.89

57.00 57.00
114.00
128.69
128.69

10.00 77.54

45.54 75.24
208.32
8/18/25 UNIFORM SERVICE STREETS
8/18/25 UNIFORM SERVICE FACILITIES
8/18/25 UNIFORM SERVICE WATER
Total:

Total:
08/27/25 MISSION LINEN SUPPLY 8/25/25 MATS FOR PW ADMIN BUILDING REIMBURSEMENT FOR FILING FEES 25-13 SP & 25-14 TPM
Total:
08/27/25 D. VASQUEZ MILEAGE CSJVRMA OCT 25 Total:
08/27/25 A. MONTGOMERY REIMBURSEMENT FOR FILING FEES - MAVERIK 24-09 CUP

1.56 TONS OF ASPHALT FOR PATCHING
Total:
08/27/25 MIRACLE PLAYSYSTEMS INC SMYRNA PARK TETTER TOTTER Total:
08/27/25 MARTIN MARIETTA MATERIALS, INC. 2.15 TONS OF ASPHALT FOR CITY PATCHING GENERATOR PREVENTATIVE MAINTENANCE @ WELL 41
Total:
08/27/25 MIDWEST MOTOR SUPPLY CO. INC. SCREW FOR WIRES GENERATOR PREVENTATIVE MAINTENANCE @ WELL 28
GENERATOR PREVENTATIVE MAINTENANCE @ WELL 38
GENERATOR PREVENTATIVE MAINTENANCE @ BLAKER RES.

GENERATOR PREVENTATIVE MAINTENANCE @ WELL 39/40
GENERATOR PREVENTATIVE MAINTENANCE @ WELL 42
08/27/25 INDUSTRIAL ELECTRICAL CO. AERATOR 2-3 NEW 30HP MOTOR

ANNUAL SERVICE & LOAD TEST

ANNUAL SERVICE & LOAD TEST
08/27/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES Total:

ITEM 4

ATTACHMENT A
9/5/2025
5 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
22500072 106,744.46
106,744.46
1,029.97
1,029.97
22500109 296.40
296.40
1,000.00
1,000.00
3,200.00
3,200.00
3,067.60
3,067.60

86.63 270.47
357.10
128,742.40
128,742.40
16,000.00
16,000.00
455.18
455.18
1,321.11
1,321.11
433.50
433.50
22500043 5,370.00
5,370.00
313.11
313.11
08/27/25 WILLE ELECTRIC SUPPLY, INC. LABEL MAKER FOR 4-20 WIRES.

Total:
08/27/25 WESTWOOD PROFESSIONAL SERVICES CENTRAL & HACKETT CORRIDOR PED SAFETY ARGMNT (081) Total:
08/27/25 WESTERN STATE DESIGN EXTRACTOR SERVICE # FS 18 Total:
08/27/25 VALLEY TIRE SALES, INC. 8 TIRES FOR STOCK Total:
08/27/25 VALLEY AGRONOMICS, LLC CAPSTONE CHEMICAL 5 GAL Total:
08/27/25 UNITED PAVEMENT MAINTENANCE, INC POTHOLE PROJECT WHITMORE AVE-HARRISON CT Total:
08/27/25 TURLOCK IRRIGATION DISTRICT JUL 07 - AUG 06 2025 TID ELECTRICITY SVCS Total:
08/27/25 TURF STAR INC HYDRAULIC TUBE FOR PARKS TORO MOTOR

FILTERS
Total:
08/27/25 STANDARD INSURANCE SEPT 2025 BASIC/VOLUNTARY LIFE INSURANCE PREMIUMS Total:
08/27/25 RICHTER FENCE, INC. EMERGENCY FENCE REPAIR BLAKER RD. VEHICLE ACCIDENT Total:
08/27/25 MARIA PEREZ PEREZ P9008 7/18/25 RFND CC LRG RM Total:
08/27/25 PROVOST AND PRITCHARD ENGINEERING, INC WELL 22 GRANULAR ACTIVATED CARBON TREATMENT VESSEL Total:
08/27/25 NORTHSTAR CHEMICAL CL2-WELL #39 & 40
Total:
08/27/25 MOTOROLA SOLUTIONS, INC CARD ACCESS SYSTEM UPGRADE Total:

ITEM 4

ATTACHMENT A
9/5/2025
6 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
11,377.50
11,377.50
483.00
483.00
22600001 4,774.00
4,774.00

19.50 63.72
167.97

49.30 300.49

31.19 294.31
325.50

87.36 87.36
515.65
515.65
765.17
765.17
72,934.87
72,934.87
666.00
666.00
1,148.31
1,148.31Total:

Total:
09/03/25 BRAGG INVESTMENT COMPANY, INC. STANDARD HARDWARE AND ENVIROMENTIAL FEE Total:
09/03/25 CLARK PEST CONTROL, INC, WRRF MIDGE ABATEMENT AUGUST Total:
09/03/25 CITY OF TURLOCK JULY25 TURLOCK SEWER USE CHARGES 7/1-7/31/25 Total:
09/03/25 PARDY BOUNTHAVONG CONDENSER FAN MOTOR @ CITY HALL Total:
09/03/25 ATCO MANUFACTURING CO. PAINT FOR THE SOCCER FIELDS 07/13-08/12/25 CLETS LINE
Total:
09/03/25 AT&T MOBILITY 07/24-08/23/25 MODEMS FOR PD/FIRE VEHICLES

HYDROLIC CRIMPING TOOL KIT
Total:
09/03/25 AT&T 07/24/2025 - 08/23/2025 CALNET
09/03/25 AMAZON CAPITAL SERVICES, INC. LOCK FOR EASEMENT GATE

AMBER CLEARENCE LIGHTS

WATER PUMP
09/03/25 ALPINE PROTECTIVE SOLUTIONS LLC CITY SECURITY SERVICES FOR EIGHT PARKS Total:
09/03/25 209 MULTIMEDIA CORPORATION LEGAL AD: CC#8-5 CAPER COMMUNITY MEETINGS Total:
08/27/25 WOOD RODGERS, INC. COPPER TRAILS MASTER PLAN - PROF. SVS. JULY 2025 Total:

ITEM 4

ATTACHMENT A
9/5/2025
7 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
145.86
108.85
608.99
760.17
231.74
1,855.61
22600005 5,515.25
5,515.25

32.00 32.00
1,221.95
1,221.95
22600032 2,500.00
2,500.00
233.26

96.11 329.37

65.00 90.00

90.00 45.00
657.00
1,258.95
799.80
1,593.75
1,426.80
6,026.30
104.77
104.77Total:

DRINKING WATER NITRATE SAMPLES
Total:
09/03/25 GEORGE REED, INC. .99 TONS OF ASPHALT FOR CITY PATCHING

DRINKING WATER REPEAT BACTI SAMPLES

DRINKING WATER BACTI SAMPLES

DRINKING WATER QUALITY SAMPLES

DRINKING WATER BACTI SAMPLES

DRINKING WATER NITRATE SAMPLES
09/03/25 GEOANALYTICAL LABORATORIES, INC EFFLUENT SOLIDS TESTING

WWTP INFLUENT SOLIDS TESTING

DRINKING WATER REPEAT BACTI SAMPLES
09/03/25 FERGUSON US HOLDINGS, INC PLUMBING REPAIR AT RIVER BLUFF PARK

PLUMBING REPAIR AT PD
Total:
09/03/25 BERNARD A LICATA HR CONSULTING PROJECT
Total:
09/03/25 DONALD WENTWORTH BADGE STICKERS
Total:
09/03/25 DEPT OF JUSTICE ACCOUNTING OFFICE JULY 2025 LIVE SCANS Total:
09/03/25 DAVID LANGLEY INC. SEP 25 MONTHLY JANITORIAL SVCS Total:

T. JOHNSON - UNIFORM EXPENDITURE

RECRUIT UNIFORM - MALONEY

RECRUIT UNIFORM - MCCLAIN

NEW HIRE UNIFORM - SINGH - CAMPAIGN HAT
Total:
09/03/25 CRESCENT SUPPLY T. JOHNSON - UNIFORM EXPENDITURE ITEM 4

ATTACHMENT A
9/5/2025
8 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
389.64
429.56

67.13 181.09
1,067.42
151.25

45.14 196.39
312.00
312.00
22500126 17,000.00
17,000.00
1,100.01
1,100.01
5,672.00
5,672.00
120.00
120.00

10.00 54.50

39.04 246.07

28.26 10.00

10.00 147.29

28.26 42.40

28.04 52.54
9/1/25 UNIFORM SERVICES FLEET
9/1/25 UNIFORM SERVICES PARKS
8/25/25 UNIFORM SERVICES FACILITIES
9/1/25 UNIFORM SERVICES FACILITIES
8/25/25 UNIFORM SERVICE PARKS
8/25/25 UNIFORM SERVICE FLEET
8/4/25 MATS FOR PW ADMIN BLDG
9/1/25 MATS FOR PW ADMIN BLDG
9/1/25 UNIFORM SERVICES WTR/WTR CONSERVATION
09/03/25 MISSION LINEN SUPPLY 5/19/25 MATS FOR PW ADMIN BUILDING 8/25/25 UNIFORM SERVICE WASTEWATER
8/25/25 UNIFORM SERVICE STREETS
09/03/25 Z. TRIO Z. TRIO D2 CERT RENEWAL REIMBURSEMENT Total:
09/03/25 LEADSONLINE PARENT LLC CELLHAWK SUBSCRIPTION 11/15/25 - 11/14/26 Total:
09/03/25 K & D ENTERPRISES INC. 29 YDS BASE ROCK FOR TREE WELLS Total:
09/03/25 JOSE ALONZO MANRIQUEZ MURALS SMYRNA PRK SHADE STRUCTURE/CORP YARD AGRMNT Total:
09/03/25 JANA KIRCHERT 8/18-28/25 GET FIT/ZUMBA GOLD CLASSES Total:
09/03/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES

CUSTODIAL SUPPLIES
Total:

HVAC FILTERS

SAFETY GLOVES

BLUEPRINT FILE
Total:
09/03/25 GRAINGER HVAC FILTERS
ITEM 4

ATTACHMENT A
9/5/2025
9 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
113.74

39.04 420.00

74.34 1,343.52
270.59
270.59
22400093 36,595.27
36,595.27
550.00
550.00
948.11

64.93 1,013.04
4,193.98
4,193.98
146.29
154.68
300.97

59.49 398.17
457.66
135.00
135.00
15,152.68
15,152.68

52.86 52.86
280.00
280.00
09/03/25 SJVAPCD ATTN: FINANCE PORTABLE GENERATOR ANNUAL PERMIT 25/26 FC ID C8036 Total:
09/03/25 SAFE T LITE OF MODESTO INC 100 PAPER NO PARKING SIGNS Total:
09/03/25 GELCO SUPPLY INC ROOT-X FOR SEWER LINE TREATMENT Total:
09/03/25 PACIFIC STORAGE COMPANY AUGUST 2025 PD SHREDDING Total:
09/03/25 ODP BUSINESS SOLUTIONS, LLC LEGAL PADS FOR RECRUITS FOR ACADEMY

TONER - DISPATCH
Total:
09/03/25 O'REILLY AUTO PARTS BATTERY FOR UNIT 36-115

BATTERY
Total:
09/03/25 TOUCHDOWN FIRE, INC FIRE EXTINGUISHERS
Total:
09/03/25 NDN INTERNATIONAL LEATHER GEAR NEW HIRES & RECRUITS

LIGHT HOLDERS NEW OFFICERS & RECRUITS
Total:
09/03/25 N.C.R.P.S.T.A. SWAT TRAINING - LIVE FIRE SHOOTHOUSE Total:
09/03/25 MOTOROLA SOLUTIONS, INC SECURITY CAMERA SYSTEM FOR PW Total:
09/03/25 MODESTO BATTERY COMPANY & SUPPLIES, INC. 4 BATTERIES FOR CROSSWALK LIGHTS RFB'S @ MOFFET Total:
9/1/25 UNIFORM SERVICES STREETS
4/21/25 UNIFORM SERVICES WTR/WTR CONSERVATION
8/25/25 UNIFORM SERVICE WTR\WTR CONSERVATION
Total:
8/11/25 UNIFORM SERVICES WTR/WTR CONSERVATION
ITEM 4

ATTACHMENT A
9/5/2025
10 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
22500020 24,291.39
22500020 5,998.85
30,290.24
136.33
136.33
2,212.50
2,212.50
311.84
311.84
22500073 1,304.00
1,304.00
454.21
454.21
908.42
18,451.96
4,295.98
762.19
3,118.05
103.94
1,455.09
4,122.76
5,267.04
37,577.01
1,367,650.75
Total:

Vouchers in this report Total vouchers:

JUL2025 TOW ONE LEGAL SERVICES
JUL2025 LITIGATION LEGAL SERVICES
JUL2025 CONTRACTS LEGAL SERVICES
JUL2025 REAL ESTATE LAND USE LEGAL SERVICES
JUL2025 MITSOPOULAS LEGAL SERVICES
09/03/25 WHITE BRENNER LLP JUL2025 GENERAL MUNI LEGAL SERVICES JUL2025 CANNABIS LEGAL SERVICES
JUL2025 LABOR NEGOTIATIONS LEGAL SERVICES
09/03/25 VALLEY TIRE SALES, INC. 1 TIRE FOR BACKHOE STREETS DEPT.

TIRE FOR SKIP LOADER
Total:
09/03/25 TYLER TECHNOLOGIES, INC. MUNIS IMPLEMENTATION Total:
09/03/25 THOMAS BETTENCOURT ROCKERS FOR EXPLORER UNIFORMS Total:
09/03/25 THIRKETTLE CORPORATION ARCHER 4 HANDLED UNIT FOR METERS Total:
09/03/25 THE PAPE GROUP INC WHEEL STUD, NUT, WASHER Total:
09/03/25 STANISLAUS COUNTY BUILDING INSPECTION & PLAN CHECK SERVICES

BUILDING INSPECTION & PLAN CHECK SERVICES
Total:

ITEM 4

COUNCIL AGENDA REPORT

Resolution No. 202 5-XXX, Accepting the Lucchesi Lane Sewer Rehabilitation Project as Complete, and Authorizing the Release of the Remaining Retention to the Contractor, and Authorizing the Filing of the Notice of Completion
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council to adopt a Resolution accepting the Lucchesi Lane Sewer Rehabilitation Project as complete and authorize the filing of the Notice of Completion.

I. BACKGROUND:

The Lucchesi Lane Sewer Main Rehabilitation Project included the installation of approximately 1,100 linear feet (LF) of new sewer main along Lucchesi Lane, the replacement of 22 sewer laterals, several critical infrastructure improvements in nearby areas, raising a manhole located at the intersection of Hatch Road and Herndon Road to meet current grade s, and the replacement of a manhole servicing the Paramount Lift Station.

Construction was completed in accordance with the approved plans and specifications.

A final inspection has verified that all work has been completed to the City's satisfaction, and no outstanding items remain. Staff is now recommending the filing of a Not ice of Completion to formally close out the project.

II. REASONS FOR RECOMMENDATION:

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

ITEM 5
III. FISCAL IMPACTS:

The contract was awarded in the amount of $ 329,050.00, plus a 10% contingency. The final construction cost for the project was $ 335,203.37, and 1.8% of the contingency in the amount of $6,153.37 was used.

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 can choose to:

1. approve the request as recommended by staff; or

2. aeny the request; or

3. continue to a future City Council meeting.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department and the Fire Department.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

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

Upon Council approval, the Notice of Completion will be filed.

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

1. Attachment A – Resolution

2. Attachment B – Notice of Completion
ITEM 5

ATTACHMENT A
RESOLUTION NO. 2025-XXX

ACCEPTING THE LUCCHESI LANE SEWER REHABILITATION

PROJECT AS COMPLETE AND, AUTHORIZING THE RELEASE OF

THE REMAINING RETENTION TO THE CONTRACTOR, AND

AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION

THE CITY COUNCIL
City of Ceres

WHEREAS, Kroeker Inc . has completed all work required pursuant to their contract with the City of Ceres for the Lucchesi Lane Sewer Rehabilitation Project; and

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

WHEREAS, the final contract amount is $ 335,203.37 and the funds to cover the final payment are available in account number (2516) 56795.800500; and

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

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the Lucchesi Lane Sewer Rehabilitation Project as complete, authorizes the release of the remaining retention to the contractor, and authorizes the filing of the Notice of Completion.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of September 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

ATTACHMENT B

RECORDING REQUESTED BY &
WHEN RECORDED, MAIL TO:

City Clerk
City of Ceres
2220 Magnolia Street
Ceres, California 95307

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN:

1. On October 28, 2024, the City of Ceres, a municipal Corporation in the County of Stanislaus, State of California accepted the bid of Kroeker Inc., for the Lucchesi Lane Sewer Rehabilitation.

2. On August 8, 2025 , the said contract was completed by Kroeker Inc., and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on August 8, 2025

VERIFICATION

I, the undersigned, affirm:

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

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

Executed in the City of Ceres, County of Stanislaus, State of California on this 22nd day of September 2025.

By: ________________________________________
Fallon Martin, City Clerk
ITEM 5
ITEM 5

COUNCIL AGENDA REPORT

Resolution No. 202 5-XXX, Accepting the Ochoa Park Phase II Improvements as Complete , Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Authorizing the Release of the Remaining Retention to the Contractor
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council to adopt a Resolution accepting the Ochoa Park Phase II Improvements as complete, approving the balancing contract change order, authorizing the filing of the Notice of Completion, and authorizing the release of retention to the contractor.

I. BACKGROUND:

The Ochoa Park Phase II Improvement project was awarded to Stockbridge General Contracting, Inc. on October 23, 2023, with construction beginning on January 16, 2024.

The project included the installation of landscaping and sod grass, irrigation, electrical and lighting, pickleball courts, two half basketball courts, sidewalk, trash and recycling receptacles, concrete picnic tables, and shade structures.

Construction was deemed substantially complete on October 10, 2024, with the second half of the landscape maintenance and a few items on the punch list remaining. Repairing the surface on the basketball and pickleball courts was a punch list item, but was delayed until June 2, 2025, due to winter weather conditions affecting the application of the court surface material. A final inspection has verified that all work has been completed to the City's satisfaction, and no outstanding items remain. Staff is now recommending the filing of a Notice of Completion to formally close out the project.

II. REASONS FOR RECOMMENDATION:

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

ITEM 6
III. FISCAL IMPACTS:

The contract authorization included a base bid of $1,910,715.23, two added alternate bids totaling $27,247.00, a 10% contingency of $193,796.22, along with $80,000.00 in construction support activities, for a total project authorization of $2,211,758.45. The final construction cost for the project was $2,140,122.16, and 10.4% of the contingency in the amount of $202,159.93 was used.

Funds are appropriated and available in the Ochoa Park Phase II project (PW2221).

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first and second goals of the Strategic Plan:
1) Infrastructure: Ensure the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy. 2) Livable Community: Create a vibrant, safe, attractive, and walkable community that maintains a small -town feel, with parks, trails, shopping, entertainment, and other desirable amenities.

V. POLICY ALTERNATIVES:

The City Council can choose to:

1. Approve the request as recommended by staff; or

2. deny the request; or

3. continue to a future City Council meeting.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department . Upon acceptance of the work, the Public Works Department will provide ongoing maintenance.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

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

ITEM 6
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – Notice of Completion

3. Attachment C – Balancing Contract Change Order
ITEM 6
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2025-XXX

ACCEPTING THE OCHOA PARK PHASE II IMPROVEMENTS AS

COMPLETE, APPROVING THE BALANCING CONTRACT CHANGE

ORDER, AUTHORIZING THE FILING OF THE NOTICE OF

COMPLETION, AND AUTHORIZING THE RELEASE OF THE

REMAINING RETENTION TO THE CONTRACTOR

THE CITY COUNCIL
City of Ceres

WHEREAS, Stockbridge General Contracting, Inc., has completed all work required pursuant to their contract with the City of Ceres for the Ochoa Park Phase II Improvements; and

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

WHEREAS, the final contract amount is $2,140,122.16 and the funds to cover the final payment and retention are available in the Ochoa Park Phase II project (PW2221); and

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

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the Ochoa Park Phase II Improvements as complete, approves the Balancing Contract Change Order, authorizes the filing of the Notice of Completion, and authorizes the release of the remaining retention to the contractor.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6

ATTACHMENT B

RECORDING REQUESTED BY &
WHEN RECORDED, MAIL TO:

City Clerk
City of Ceres
2220 Magnolia Street
Ceres, California 95307

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN:

1. On October 23, 2023, the City of Ceres, a municipal Corporation in the County of Stanislaus, State of California accepted the bid of Stockbridge General Contracting, Inc., for the Ochoa Park Phase II Improvements.

2. On September 1, 2025, the said contract was completed by Stockbridge General Contracting, Inc., and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on September 22, 2025

VERIFICATION

I, the undersigned, affirm:

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

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

Executed in the City of Ceres, County of Stanislaus, State of California on this 22nd day of September 2025.

By: ________________________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6

ATTACHMENT C
1 Site Preparation (Clearing, Grubbing, and Disposal) SF 267,763 $0.17 $45,519.71 267,763 0 $ 45,519.71 2 Tree Protection LS 1.00 $11,240.00 $11,240.00 1 0 $ 11,240.00 3 Tree Removal EA 1.00 $875.00 $875.00 1 0 $ 875.00 4 Temporary Construction Fencing LF 2,271 $8.75 $19,871.25 2,271 0 $ 19,871.25 5 Temporary Erosion & Sediment Control LS 1.00 $30,250.00 $30,250.00 1 0 $ 30,250.00 6 Site Grading (Rough & Fine) SF 267,763 $0.63 $168,690.69 267,763 0 $ 168,690.69 7 Site Electrical System LS 1.00 $133,000.00 $133,000.00 1 0 $ 133,000.00 8 Storm Drain Inlets (24” square) EA 5.00 $4,550.00 $22,750.00 5 0 $ 22,750.00 9 Storm Drainage Inlets (12” square) w/ sump EA 4.00 $3,900.00 $15,600.00 4 0 $ 15,600.00 10 6” Storm Drain Line LF 46.00 $21.00 $966.00 46 0 $ 966.00 11 8” Storm Drain Line LF 620.00 $48.25 $29,915.00 620 0 $ 29,915.00 12 12” Storm Drain Line LF 292.00 $70.00 $20,440.00 292 0 $ 20,440.00 13 18” Storm Drain Line LF 24.00 $292.00 $7,008.00 24 0 $ 7,008.00 14 1” Water Line to Drinking Fountain LF 428.00 $15.60 $6,676.80 428 0 $ 6,676.80 15 4” Concrete Flatwork SF 22,178 $12.60 $279,442.80 22,178 0 $ 279,442.80 16 12” Wide Concrete Band LF 510.00 $17.60 $8,976.00 510 0 $ 8,976.00 17 Stabilized Decomposed Granite SF 6,354 $5.25 $33,358.50 6,354 0 $ 33,358.50 18 Metal Edging LF 252.00 $20.50 $5,166.00 252 0 $ 5,166.00 19 2x4 PT Edging/ Header LF 588.00 $15.70 $9,231.60 588 0 $ 9,231.60 20 Basketball Court Striping LF 2,400 $1.50 $3,600.00 2,400 0 $ 3,600.00 21 Pickleball Court Striping LF 400.00 $9.00 $3,600.00 400 0 $ 3,600.00 22 Concrete Std Picnic Tables EA 2.00 $1,750.00 $3,500.00 2 0 $ 3,500.00 23 Concrete Accessible Picnic Tables EA 2.00 $1,800.00 $3,600.00 2 0 $ 3,600.00 24 Concrete Trash Receptacles EA 2.00 $1,860.00 $3,720.00 2 0 $ 3,720.00 25 Concrete Recycling Receptacles EA 2.00 $2,050.00 $4,100.00 2 0 $ 4,100.00 26 Basketball Standard (Hoop, Backboard, & Post) EA 2.00 $11,000.00 $22,000.00 2 0 $ 22,000.00 27 Drinking Fountain (Includes Sump) LS 1.00 $10,800.00 $10,800.00 1 0 $ 10,800.00 28 Dog Waste Station EA 1.00 $1,700.00 $1,700.00 1 0 $ 1,700.00 29 8' Tall Black Vinyl C.L. Fencing at Pickleball Courts LF 232.00 $114.00 $26,448.00 232 0 $ 26,448.00 30 Nets with Posts at Pickleball Courts EA 2.00 $7,500.00 $15,000.00 2 0 $ 15,000.00 31 16’x16’ Shade Structure EA 2.00 $74,850.00 $149,700.00 2 0 $ 149,700.00 32 Soil Conditioning & Amendments SF 238,721 $0.60 $143,232.60 238,721 0 $ 143,232.60 33 1 Gallon Shrubs EA 941.00 $18.30 $17,220.30 941 0 $ 17,220.30 34 5 Gallon Shrubs EA 130.00 $40.00 $5,200.00 130 0 $ 5,200.00 35 15 Gallon Trees EA 84.00 $135.00 $11,340.00 84 0 $ 11,340.00 36 24” Box Trees EA 13.00 $1,000.00 $13,000.00 13 0 $ 13,000.00 37 Tree Root Barriers LF 650.00 $13.50 $8,775.00 650 0 $ 8,775.00 38 Top Dressing – Decorative Bark Mulch 3” Min. Dept SF 23,561 $0.58 $13,665.38 23,561 0 $ 13,665.38 39 Hydroseed Turf Grass SF 215,160 $0.21 $45,183.60 215,160 0 $ 45,183.60 40 Landscape Maintenance Establishment Period (180
Days) LS 1.00 $70,200.00 $70,200.00 1 0 $ 70,200.00 41 Irrigation System – RWS EA 194.00 $380.00 $73,720.00 194 0 $ 73,720.00 42 Irrigation System – Low Flow Bubbler SF 23,561 $5.00 $117,805.00 23,561 0 $ 117,805.00 43 Irrigation System – Turf Rotors SF 215,160 $0.80 $172,128.00 215,160 0 $ 172,128.00 44 Irrigation Controller EA 1.00 $24,000.00 $24,000.00 0.95 -0.05 $ 22,800.00 45 Irrigation Flow Sensor & Master Valve EA 1.00 $4,500.00 $4,500.00 1 0 $ 4,500.00 46 Mobilization/ Demobilization (Max 5%) LS 1.00 $94,000.00 $94,000.00 1 0 $ 94,000.00 1,910,715.23$ 1,909,515.23$
ADD. ALTS.

ADD-01 Drinking Fountain Change SF 4070 $2.50 10,175.00$ 4070 0 $ 10,175.00 ADD-02 Tree Removal and Concrete Replacement SF 1760 $9.70 17,072.00$ 1760 0 $ 17,072.00 SUB-TOTAL ADD. $ 27,247.00
SUB-TOTAL 1,937,962.23$ SUB-TOTAL 1,936,762.23$

CONTRACT CHANGE ORDERS
CCO-01 Drinking Fountain Change LS 1 $1,373.40 1,373.40$ 1 0 $ 1,373.40 CCO-02 Tree Removal and Concrete Replacement LS 1 $2,952.60 2,952.60$ 1 0 $ 2,952.60 CCO-03 Additional Blow Off (Not Approved) LS 1 $0.00 -$ 1 0 $ - CCO-04 Concrete Catch Basins LS 1 $13,074.98 13,074.98$ 1 0 $ 13,074.98 CCO-05 Building Permit LS 1 $5,654.16 5,654.16$ 1 0 $ 5,654.16 CCO-06 Concrete Tops at Sump Drains LS 1 $5,216.66 5,216.66$ 1 0 $ 5,216.66 CCO-07 Additional Metal Header LS 1 $3,188.83 3,188.83$ 1 0 $ 3,188.83 CCO-08 Hydroseed to Sod LS 1 $153,991.37 153,991.37$ 1 0 $ 153,991.37 CCO-09 Shade Structure Footing LS 1 $4,488.00 4,488.00$ 1 0 $ 4,488.00 CCO-10 Storm Drain Pipe LS 1 13,419.93$ 13,419.93$ 1 0 $ 13,419.93 ITEM NO. ITEM DESCRIPTION UNIT OF

MEASURE

ESTIMATED

QUANTITY

CONTRACT

UNIT PRICE

SUB-TOTAL
ITEM NO. ITEM DESCRIPTION UNIT OF

MEASURE

ESTIMATED

QUANTITY

CONTRACT

UNIT PRICE

BALANCING CONTRACT CHANGE ORDER
August 21, 2025

CONTRACT BID

ITEM TOTAL
ACTUAL

QUANTITIES

ADJUSTED

QUANTITIES

CONTRACT

UNIT PRICE
TOTALITEM DESCRIPTIONITEM NO. ESTIMATED

QUANTITY

UNIT OF

MEASURE
Ochoa Park Phase II Improvements
PROJECT NO. P22-011 (PW2221)

SUB-TOTAL

CHANGE ORDER
ITEM

ADJUSTED

QUANTIES
TOTAL

CHANGE ORDER
ITEM
ACTUAL

QUANTITIES

ADJUSTED

QUANTIES
TOTAL
ACTUAL

QUANTITIES
ITEM 6

ATTACHMENT C
$ 203,359.93
TOTAL 1,912,088.63$ TOTAL $ 2,140,122.16
`
10%
10%
Stockbridge General Contracting, Inc.
______ None __________________________________________________________ ______ As indicated on the attached letter dated: _____________ BY: DATE:
$193,796.22
$2,140,122.16Final Total:

Contract Change Orders: $203,359.93

SUB-TOTAL CCO
Original Contract Price: $1,937,962.23
Contract Change at Unit Prices:
$0.00
Total Net Increase:

Used Contingency:

Liquidated Damages/Contractor Claims:
$202,159.93
Approved Contingency:
$202,159.93
Total Net Decrease: $0.00
APPROVED: ______________________________________________ Kevin Silva, Associate Engineer
ACCEPTANCE BY CONTRACTOR:

I have examined the quantities of contract items and amounts indicated as payment for extra work and deductions on the proposed final estimate, and I agree to accept the total.

Exceptions (Check One)
RECOMMENDED: _________________________________________
-$1,200.00 Final Project Completion: Monday, September 1, 2025 Date of Substantial Completion:

Monday, September 22, 2025City Council Scheduled Date:

Thursday, October 10, 2024
ITEM 6

COUNCIL AGENDA REPORT

Resolution No. 2025-XXX, Ratifying the Applications to Stanislaus Council of Governments for the Congestion Mitigation Air Quality Grant and the Surface Transportation Block Grant to Reimburse up to 80% of the Design and Construction of Eight (8) Projects RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council ratify a submission of eight (8) applications to Stanislaus Council of Governments (StanCOG) for the Congestion Mitigation Air Quality Grant (CMAQ) and the Surface Transportation Block Grant (STBG) to reimburse up to 80% of the design and construction of the following projects:

1. Crows Landing Road Rehabilitation

2. Service / Mitchell Interchange

3. Hatch Road Widening

4. Herndon Street Widening and Overlay

5. Morrow Village Sidewalks

6. Downtown Rehabilitation

7. Walnut Avenue Sidewalks

8. TBD
I. BACKGROUND:

The City of Ceres regularly seeks external funding opportunities to support critical transportation and infrastructure improvements. Two primary federal funding sources available to local jurisdictions in California are the Congestion Mitigation and Air Qu ality (CMAQ) Improvement Program and the Surface Transportation Block Grant (STBG) Program. Both programs are administered at the regional level through StanCOG, which allocates funds to member agencies based on federal and state guidelines.

ITEM 7
The CMAQ Program provides funding for transportation projects and programs that reduce traffic congestion and improve air quality in areas that do not meet federal air quality standards. Eligible projects include intersection improvements, traffic signal coordination, bicycle and pedestrian facilities, transit investments, and other transportation strategies that reduce vehicle emissions. Ceres has previously utilized CMAQ funding to implement traffic signal upgrades, active transportation improvements, and safety enhancements.

The STBG Program is one of the most flexible federal funding sources, intended to preserve and improve the condition and performance of the transportation system.

Eligible uses include roadway rehabilitation, bridge improvements, safety projects, complete streets elements, and in some cases transit and active transportation infrastructure. Funding is typically distributed through a regional competitive process and requires local matching funds.

For the current funding cycle, the City of Ceres is eligible to apply for up to $25 million in federal transportation funding through StanCOG. This allocation includes funding for up to three large-scale projects (up to $5 million each) and five small -scale projects (up to $2 million each). By strategically applying for these funds, the City can address major infrastructure priorities while also advancing smaller -scale safety and mobility improvements that directly benefit neighborhoods and local corridors.

By pursuing both CMAQ and STBG funding opportunities, the City of Ceres can leverage regional, state, and federal resources to address local transportation needs, reduce the burden on the City’s General Fund, and support projects that improve mobility, saf ety, and air quality for the community.

II. REASONS FOR RECOMMENDATION:

Pursuing CMAQ and STBG funding is in the City’s best interest because these programs provide federal resources that significantly reduce the City’s reliance on local funds for transportation improvements. Both programs are designed to support projects that align with the City of Ceres’ goals of improving traffic flow, enhancing roadway safety, expanding bicycle and pedestrian options, and reducing vehicle emissions.

CMAQ funding directly supports projects that reduce congestion and improve air quality, which is especially critical in the San Joaquin Valley, an area designated as non - attainment for several federal air quality standards. Similarly, STBG provides flexibl e funding that can be applied toward maintaining and improving the City’s roadway network and other transportation facilities, addressing deferred maintenance needs and improving long-term system performance.

By applying for and securing these funds, the City can leverage limited local dollars, maximize return on investment, and deliver priority transportation projects more quickly than would otherwise be possible. In addition, utilizing these competitive grant opportunities ensures that Ceres continues to receive its fair share of regional transportation funding and maintains its eligibility for future funding cycles through StanCOG.

ITEM 7
III. FISCAL IMPACTS:

Projects funded through the CMAQ Program and the STBG Program require a local match contribution of up to 20 % of total project costs. If the City of Ceres successfully secures the maximum available funding of $25 million in federal allocations, the City would be responsible for providing up to $5 million in local matching funds.

The match requirement can be met through a combination of local transportation funds, development impact fees, Measure L sales tax revenue, or other eligible funding sources as determined by project type and availability of funds. While this represents a significant local commitment, leveraging $5 million in local resources would bring in up to $25 million in outside funding for critical infrastructure projects, resulting in a total of $30 million in transportation improvements within the community.

By utilizing CMAQ and STBG funds, the City can deliver large-scale roadway, safety, and active transportation projects that would otherwise be financially infeasible using local resources alone.

General Fund resources would not be used for any of the projects.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

The City Council may consider the following alternatives:

1. Approve Staff’s Recommendation to Apply for CMAQ and STBG Funds • This action would authorize staff to prepare and submit applications for up to $25 million in available funding through StanCOG. The City would be required to provide up to $5 million in matching funds, but this approach would maximize leverage of outside resources for local transportation improvements.

2. Authorize Staff to Apply for a Reduced Number of Projects • Council may choose to prioritize only the highest -need projects and apply for less than the maximum allocation. This would reduce the City’s matching fund obligation but could also result in fewer improvements being delivered during the funding cycle.

3. Defer Participation in the Current Funding Cycle
• Council may elect not to pursue CMAQ or STBG funds at this time. This option would avoid any immediate fiscal impact from local match requirements but would forgo up to $25 million in potential federal transportation funding, delaying needed improvements a nd reducing the City’s competitiveness for future allocations.

ITEM 7
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

No committee or public participation events are anticipated for this action.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

If the City Council approves staff’s recommendation, the following steps will be taken:

1. Project Prioritization – Staff will finalize a list of proposed large and small projects based on Council direction, community needs, and eligibility under CMAQ and STBG guidelines.

2. Application Preparation – Staff will prepare and submit detailed applications to StanCOG for consideration, including project scopes, cost estimates, and local match funding sources.

3. StanCOG Review and Ranking – StanCOG will evaluate and rank submitted projects from all member jurisdictions based on established criteria such as congestion relief, air quality benefits, safety, and regional significance.

4. Funding Allocation – Projects selected for funding will be programmed into StanCOG’s Federal Transportation Improvement Program (FTIP), establishing eligibility for reimbursement of costs.

5. Project Implementation – Once funding is awarded, the City will move forward with design, environmental clearance, right -of-way (if needed), and construction, with federal funds reimbursed as eligible costs are incurred.

By following these steps, the City can maximize its competitiveness for federal funding and ensure timely delivery of high -priority transportation projects that benefit the Ceres community.

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

1. Attachment A – Resolution
ITEM 7

ATTACHMENT A
RESOLUTION NO. 2025-XXX

RATIFYING THE APPLICATIONS TO STANISLAUS COUNCIL OF

GOVERNMENTS FOR THE CONGESTION MITIGATION AIR QUALITY

GRANT AND THE SURFACE TRANSPORTATION BLOCK GRANT TO
REIMBURSE UP TO 80% OF THE DESIGN AND CONSTRUCTION OF
EIGHT (8) PROJECTS

THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres seeks to improve transportation infrastructure, enhance mobility, reduce congestion, and improve air quality for the benefit of its residents and businesses; and
WHEREAS, the federal Congestion Mitigation and Air Quality (CMAQ) Improvement Program provides funding for projects that reduce vehicle emissions, improve traffic flow, and expand active transportation options; and WHEREAS, the Surface Transportation Block Grant (STBG) Program provides flexible funding to support roadway rehabilitation, safety improvements, bridge projects, and complete streets elements; and
WHEREAS, both programs are administered regionally through the Stanislaus Council of Governments , which allocates funds to eligible jurisdictions in Stanislaus County, including the City of Ceres; and
WHEREAS, the City of Ceres is eligible to apply for up to $25 million in federal funding in the current cycle, including up to three large projects (up to $5 million each) and five small projects (up to $2 million each); and
WHEREAS, projects funded through CMAQ and STBG require up to a twenty percent (20%) local match, which the City intends to provide through a combination of eligible local sources, including but not limited to transportation funds, development impact fees, and Measure L sales tax revenue; and
WHEREAS, leveraging federal funds through CMAQ and STBG will allow the City to maximize return on investment, accelerate the delivery of priority transportation improvements, and minimize reliance on the City’s General Fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby ratify the applications to S tanislaus Council of Governments for the Congestion Mitigation Air Quality Grant and the Surface Transportation Block Grant to reimburse up to 80% of the design and construction of eight (8) projects.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of September 2025, by the following vote:

ITEM 7

ATTACHMENT A
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 7

COUNCIL AGENDA REPORT

Resolution No. 202 5-XXX, Approving a Three-Year Professional Services Agreement with MuniService LLC in the Amount of $9,825.00 for Sales, Use and Transaction Tax Audit and Recovery Audit Services, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a Resolution authorize the City Manager to execute a Professional Services Agreement with MuniServices LLC for Sales , Use and Transaction Tax Audit and Recovery Services.

I. BACKGROUND:

The City has identified a need for specialized consulting services to assist in detecting, correcting, and recovering sales and use tax reporting errors. Muniservices LLC has been designated and authorized to examine all of the sales, transactions, and use tax records of the California Department of Tax and Fee Administration (CDTFA) pertaining to sales and use taxes collected for the City of Ceres since 1995. MuniServices LLC was selected due to its extensive experience in providing local tax recovery ser vices throughout California, and its familiarity with the City of Ceres’ use tax data and historical filings.

II. REASONS FOR RECOMMENDATION:

MuniServices LLC will continue to assist the City in identifying and correcting complex sales tax misallocations and recovering lost revenues resulting from reporting errors.

Their work includes the identification of discrepancies caused by misinterpretations of tax liabilities or reporting requirements, ensuring the City receives accurate allocations.

The consultant will also audit business permit registrations and tax area code assignments. Occasionally, businesses may incorrectly register outside City limits due to ITEM 8
jurisdictional confusion. By correcting these errors, the City can recover tax revenue that should have been properly attributed to it.

During audits conducted by the CDTFA, businesses often receive deficiency assessments. MuniServices will review these assessments to determine whether any local tax revenue has been misallocated and will submit corrections on the City's behalf where necessary.

The consultant will also provide the Finance Director and City Manager with Quarterly Distribution Report (QDR). These reports include data from the current economic quarter, along with the three previous reporting periods. The analysis will identify taxpa yers reporting to the City and review the City’s share from the countywide sales tax pool to detect potential allocation errors.

Through these efforts, MuniServices will help the City ensure full and accurate revenue distribution, correct historic reporting errors, and secure additional funding that may otherwise be lost.

III. FISCAL IMPACTS:

Staff recommends approval of the agreement with MuniServices LLC in the amount of $3,275 annual fee with four quarterly payments of $818.75. In addition, MuniServices LLC charges a 15% contingency fee for correction of taxpayer reporting errors detected and documented by the Sales, Use and Transaction Tax Audit and Recovery Services .

Sufficient funds have been identified within the existing budget, and no budget amendment is necessary.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

If not approved, the City would lose access to Quarterly Distribution Reports and 5-year revenue projection estimates, and it could also miss out on revenue that was underreported or mistakenly reported to another jurisdiction.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A

ITEM 8
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, the City Manager will execute the agreement with MuniServices LLC., MuniServices will begin conducting audits and analyzing tax data, with regular reporting provided to City staff throughout the duration of the agreement.

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

ITEM 8
ITEM 8

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A THREE-YEAR PROFESSIONAL SERVICES

AGREEMENT WITH MUNISERVICE LLC IN THE AMOUNT OF
$9,825.00 FOR SALES, USE AND TRASACTION TAX RECOVERY

AUDIT SERVICES, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres has identified a need for specialized consulting services to assist in identifying, correcting, and recovering sales and use tax reporting errors; and

WHEREAS, MuniServices LLC possesses extensive experience in providing tax recovery audit services to municipalities throughout California, and has specific experience working with the City’s historical use tax data; and

WHEREAS, the services to be provided by MuniServices LLC will include auditing sales tax allocations, correcting jurisdictional misreporting, reviewing the California Department of Tax and Fee Administration ( CDTFA) assessments, and preparing Quarterly Distribution Reports to assist in the recovery of misallocated tax revenues; and

WHEREAS, the City has sufficient funds available in the approved budget for this contract, and no budget amendment is necessary.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a professional services agreement with MuniService LLC for sales, use and transaction tax recovery audit services , and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8

ATTACHMENT B
City of Ceres, Master Consultant Services Agreement 1

Consultant Services Agreement

This Consultant Services Agreement (the “Agreement”) is made as of September 23, 2025 (“Effective Date”) by and between City of Ceres, a municipal corporation of the State of California ("CLIENT") and MuniServices, LLC., a Delaware limited liability company, (“CONSULTANT”), collectively the Parties. In consideration of the mutual promises herein contained and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows:

A. Services

1. CONSULTANT will provide CLIENT with the Services described in EXHIBIT A , Statement of Work which is attached hereto and incorporated by reference. CONSULTANT shall provide said services at the time, place, and in the manner specified in EXHIBIT A.

2. If any conflicts exist between the terms of this Agreement and E XHIBIT A, the terms of this Agreement shall control. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “Modifications”). CONSULTANT shall not receive additional compensation for any Modification of the services unless the parties agree otherwise in a writing executed by both parties.

3. CONSULTANT shall furnish at its own expense all labor, materials, equipment and other items necessary to carry out the terms of this Agreement.

B. Compensation

1. Upon execution of this Agreement, CLIENT will pay CONSULTANT as outlined in EXHIBIT B, Compensation Schedule incorporated and included herein.

C. General Provisions

1. Term of the Agreement : The initial term of this Agreement shall be for a period of three years (3) following the Effective Date, and automatically renew for two (2) successive one (1) -year terms if neither party has cancelled (the “Term”). Either party shall have the right to terminate this Agreement in the event of a material breach by the other party. Any such termination may be made only by providing sixty (60) days prior written n otice to the other party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches. In the event that such cure is not made, this Agreement shall terminate in accordance with the initial sixty (60) days’ notice. Provided, however, this Agreement is subject to termination upon not less than thirty (30) days written notice to CONSULTANT if CLIENT has failed to receive funds for the continued procurement of the Products or Services after every reasonable effort has been made by CLIENT to secure the necessary funding and if no substitute arrangement is made by CLIENT to obtain the same or similar System or Services from anoth er source. CLIENT shall also have the right to terminate this Agreement at any time for its convenience by giving ninety days (90) written notice of such termination to CONSULTANT. CLIENT shall not in any manner be liable for CONSULTANT's actual or projected lost profits had CONSULTANT completed the Services under this Agreement. Upon termination of this Agreement, CONSULTANT shall deliver to CLIENT copies of all documents prepared by it pursuant to this Agreement. CLIENT agrees to discontinue use of all hardware, ITEM 8

ATTACHMENT B
City of Ceres, Master Consultant Services Agreement 2

software, and other CONSULTANT-owned materials no later than the effective date of termination and return the hardware, software, and other CONSULTANT -owned materials to CONSULTANT within thirty (30) calendar days after termination.

2. Effect of Termination: Notwithstanding non-renewal or termination of this Agreement, CLIENT shall be obligated to pay CONSULTANT for services performed through the effective date of termination for which CONSULTANT has not been previously paid. In addition, because the service s performed by CONSULTANT prior to termination or non -renewal of this Agreement may result in the CLIENT’s receipt of revenue after termination which are subject to CONSULTANT’s fee, the CLIENT shall remain obligated after termination or non-renewal to provide to CONSULTANT such information as is necessary for CONSULTANT to calculate compensation due as a result of the receipt of revenue by the CLIENT.

Termination of this Agreement for any reason will not affect any liabilities or obligations of either party arising before termination or out of events causing termination and will not affect any damages or other remedies to which a party may be entitled under this Agreement, at law, or in equity, arising from any breach or default.

3. Independent Contractor : It is understood that CONSULTANT and its subcontractors, if any, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the CLIENT. CLIENT understands that CONSULTANT may perform similar services for others during the term of this Agreement and agrees that CONSULTANT representation of other government sector clients is not a conflict of interest. CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CLIENT's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights. CLIENT shall have the right to control CONSULTANT only insofar as the result of CONSULTANT’s Services rendered pursuant to this Agreement; however, C LIENT shall not have the right to control the means by which CONSULTANT accomplishes Services rendered pursuant to this Agreement. CONSULTANT, in rendering performance under this Agreement , shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership.

CONSULTANT shall be solely responsible for and shall hold CLIENT harmless from any and all claims for any employee -related fees and costs including without limitation employee insurance, employment taxes, workman’s compensation, withholding taxes or income taxes.

4. Subcontractors: CONSULTANT shall have the right to hire subcontractors to provide the services described herein only if expressly approved by CLIENT in writing.

5. Notice: Any notice required to be given under this Agreement shall be in writing and either served personally, sent prepaid certified mail, or by express mail courier (i.e. FedEx, UPS, etc.) with delivery confirmation. Any such notice shall be addressed to the other party at the address set forth below. All notices, including notices of address changes, provided under this Agreement are deemed received on the date of delivery confirmation.

If to CLIENT:

City of Ceres
Attn: Finance Director
2220 Magnolia Street
Ceres, CA 95307
Phone: 209-538-5764
Email: [email protected]
If to CONSULTANT:

MuniServices LLC
Attn: Contracts Department
5860 Trinity Parkway., Suite 120
Centreville, VA 20120
Email: [email protected]

ITEM 8

ATTACHMENT B
City of Ceres, Master Consultant Services Agreement 3

6. Representative or designees: CONSULTANT Primary Representative/Project Manager shall be:

McKinley Larkin, Client Services Manager
5860 Trinity Parkway., Suite 120
Centreville, VA 20120
Email: [email protected]

7. Indemnity: CONSULTANT shall indemnify, defend with legal counsel reasonably acceptable to CLIENT, and hold harmless the CLIENT, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys’ fees) to extent occurring or resulting from CONSULTANT’s negligent or unlawful performance of its obligations under or breach of the terms of this Agreement, unless su ch claims, liabilities, or losses arise out of, or are caused at least in part by the sole negligence or willful misconduct of the CLIENT. “CONSULTANT’s performance” includes CONSULTANT’s action or inaction and the action or inaction of CONSULTANT’s officers, employees, agents and subcontractors.

With respect to third-party claims against CONSULTANT, CONSULTANT waives any and all rights of any type of express or implied indemnity against CLIENT and CLIENT’s Agents.

8. Limitation of Liability : IN NO EVENT SHALL CONSULTANT, ITS EMPLOYEES,

CONTRACTORS, DIRECTORS, AFFILIATES AND/OR AGENTS BE LIABLE FOR ANY

SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED

TO, DELAY, LOST DATA, DISRUPTION, AND LOSS OF ANTICIPATED PROFITS OR

REVENUE ARISING FROM OR RELATED TO THE SERVICES, WHETHER LIABILITY IS

ASSERTED IN CONTRACT OR TORT, AND WHETHER OR NOT CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN ADDITION, CONSULTANT’S TOTAL LIABILIT Y HEREUNDER, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEES DESCRIBED IN EXHIBIT B. THE FOREGOING SETS FORTH THE CLIENT’S

EXCLUSIVE REMEDY FOR CLAIMS ARISING FROM OR OUT OF THIS AGREEMENT

9. Liability of CLIENT: Notwithstanding any other provision of this Agreement, in no event shall CLIENT 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.

10. Insurance: CONSULTANT shall keep in full force and effect insurance coverage during the term of this Agreement, including without limitation statutory workers’ compensation insurance; employer’s liability and commercial general liability insurance; comprehensive au tomobile liability insurance; professional liability and fidelity insurance. The insurance certificate shall name the CLIENT, its agents, officers, servants and employees as additional insureds under the CGL and Automobile policies with respect to the operations and work performed by the named insured as required by written contract. The General Liability policy is Primary & Non -Contributory. Waiver of Subrogation applies under the General Liability and Workers’ Compensation policies. The CGL insur ance minimum coverage shall be at least $1,000,000 per incident, claim or occurrence and $2,000,000 aggregate. The Cybersecurity insurance minimum coverage shall be at least $2,500,000 per incident, claim or occurrence. The Automobile Liability insurance minimum coverage shall be at least $1,000,000 covering all owned, non -owned, and hired vehicles. The certificate shall provide that there will be no cancellation, termination, or non-renewal ITEM 8

ATTACHMENT B
City of Ceres, Master Consultant Services Agreement 4

of the insurance coverage without a minimum 30-day written notice to the CLIENT, except in the case of cancellation for non-payment of premium which shall be at least 10-days written notice.

11. Equal Opportunity to Draft: The parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language.

12. Assignment: This Agreement shall be binding upon and inure to the benefit of the parties, their successors, representatives and assigns. CONSULTANT shall not assign this Agreement, or delegate its duties or obligations under this Agreement, without the prior written consent of CLIENT, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, CONSULTANT may assign this Agreement, in whole or in part, without the consent of CLIENT to any corporation or entity into which or with which CONSULTANT has merged or consolidated; any parent, subsidiary, successor or affiliated corporation of CONSULTANT; or any corporation or entity which acquires all or substantially all of the assets of CONSULTANT. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns.

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

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

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

16. Ownership of Documents : Except for CONSULTANT’s preexisting proprietary information and processes, any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by CONSULTANT pursuant to this agreement shall be the property of the CLIENT at the moment of their completed preparation.

17. Intellectual Property Rights: The entire right, title and interest in and to CONSULTANT’s database and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, proc esses, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created in the course of this Agreement (collectively, the "Work Product") shall vest exclusively in CONSULTANT or ITEM 8

ATTACHMENT B
City of Ceres, Master Consultant Services Agreement 5

its subcontractors. The foregoing notwithstanding, in no event shall any CLIENT-owned data provided to CONSULTANT be deemed included within the Work Product.

18. Public Release and Statements: Neither party or its representatives or agents shall disseminate any oral or written advertisement, endorsement or other marketing material relating to each other’s activities under this Agreement without the prior written approval of the other party. Neither party shall make any public release or statement concerning the subject matter of this Agreement without the express written consent and approval of the other party. No party or its agent will use the name, mark or logo of the other party in any advertisement or printed solicitation without first having prior written approval of the other party.

The parties shall take reasonable efforts to ensure that its subcontractors shall not disseminate any oral or written advertisement, endorsement or other marketing materials referencing or relating to the other party without that party’s prior written approval. In addition, the parties agree that their contracts with all subcontractors will include appropriate provisions to ensure compliance with the restrictions of this Section.

19. Force Majeure: CONSULTANT shall not be in default of its obligations hereunder to the extent that its performance is delayed or prevented by causes beyond its control, including but not limited to acts of God, government, quarantines, pandemics, endemics, weather, fire, flood, earthquake, weather, climate change, elements of nature, war, terrorism, civil disturbance, labor disruptions, strikes, embargoes, power or telecommunications failures, inability to obtain supplies, breakdown of equipment or interrupt ion in vendor services or communications, or cause beyond the reasonable control of CONSULTANT (“Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party that has experienced a delay or failure of performance caused by the Force Maje ure Event will be excused from further performance or observance of the affected obligation(s) for as long as the extenuating circumstances prevail and that party continues to attempt to recommence performance or observance whenever and to whatever extent possible without delay. Force Majeure does not include: (a) CONSULTANT’S’s financial inability to perform; or (b) CONSULTANT’s failure to obtain any necessary permits or licenses from other governmental agencies. The party that experienced a delay or failure of performance caused by the Force Majeure Event will immediately notify the other party and describe in reasonable detail the circumstances causing the delay or failure of performance. The provisions of this Section shall survive termination of this Agreement.

20. Relationship of the Parties This Agreement shall not constitute, create, give effect to, or otherwise imply a joint venture, partnership, or business organization of any kind. CONSULTANT and CLIENT are independent parties, and neither party shall act as an agent for or partner of the other for any purpose.

Nothing in this Agreement shall grant to either party any right to make any commitments of any kind for or on behalf of the other party without the prior written consent of the other party. Neither party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other party. An agreement made in violation of this provision shall confer no rights on any party and shall be null and void. CONSULTANT shall not be restricted from providing products or performing services for others unless doing so creates an unlawful conflict of interest and shall not be bound to CLIENT except as provided under this Agreement.

21. Severability If all or part of any term or condition of this Agreement, or the application of any term or condition of this Agreement, is determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of the terms and conditions of this Agreement (other than those portions determined to be invalid or unenforceable) shall not be affected, and the remaining terms and conditions (or portions of terms or conditions) shall be valid and enforceable to the fullest extent permitted ITEM 8

ATTACHMENT B
City of Ceres, Master Consultant Services Agreement 6

by law. If a judicial determination prevents the accomplishment of the purpose of this Agreement, the invalid term or condition (or portions of terms or conditions) shall be restated to conform to applicable law and to reflect as nearly as possible the original intent of the parties.

22. Waiver Or Forbearance Any delay or failure of either party to insist upon strict performance of any obligation under this Agreement or to exercise any right or remedy provided under this Agreement shall not be a waiver of that party’s right to demand strict compliance, irres pective of the number or duration of any delay(s) or failure(s). No term or condition imposed on either party under this Agreement shall be waived and no breach by either party shall be excused unless that waiver or excuse of a breach has been put in writing and signed by both parties. Waiver in any instance of any right or remedy shall not constitute waiver of any other right or remedy under this Agreement. Consent to or forbearance of any breach or substandard performance of any oblig ation under this Agreement shall not constitute consent to modification or reduction of the other obligations or forbearance of any other breach.

23. Entire Agreement : This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter contained herein. Said Agreement shall not be amended, alt ered, or changed, except by a written amendment signed by both parties.

24. Headings The section headings used in this Agreement are merely for reference and have no independent legal meaning and impose no obligations or conditions on the parties.

25. Governing Law This Agreement shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of California, without reference to the principles of conflict of laws. Venue for all legal proceedings shall be in the Superior Court of California for the County of Stanislaus.

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

27. Counterparts: This Agreement may be signed in separate counterparts including facsimile copies. Each counterpart (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties.

28. Invalidity: If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

29. Implementation: Implementation should begin as soon as possible from the signing of this Agreement (the “Implementation Date”) for the performance of services under the terms of this Agreement.

30. Audit: CLIENT shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT’s charges to CLIENT under this Agreement.

ITEM 8

ATTACHMENT B
City of Ceres, Master Consultant Services Agreement 7

31. Conformity with Law and Safety : CONSULTANT shall observe and comply with all applicable laws, ordinances, codes, regulations, and permits of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by CONSULTANT must be in accordance with these laws, ordinances, codes, and regulations, including the administrative policies and guidelines of CLIENT pertaining to the work. CONSULTANT’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract.

In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

32. 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.

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

[SIGNATURES ON FOLLOWING PAGE]

ITEM 8

ATTACHMENT B
City of Ceres, Master Consultant Services Agreement 8

IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above.

“CLIENT”
City of Ceres
a Municipal Corporation

By: \signature1\

Name: ______________________________

Title: \title1\

Date: \date1\

“CONSULTANT”
MuniServices, LLC
a Delaware limited liability company

By: \signature2\

Name: ______________________________

Title: \title2\

Date: \date2\

ITEM 8

ATTACHMENT B
9 EXHIBIT A – STATEMENT OF WORK

1. SALES, USE AND TRANSACTION TAX AUDIT AND RECOVERY SERVICES CONSULTANT’s Sales/Use and Transaction Tax Audit and Recovery Services is designed to assist CITY in enhancing its sales/use tax revenues by detecting, documenting, and correcting sales/use tax errors thereby producing previously unrealized revenue for CITY. Some of the more common types of errors detected and corrected are as follows:

1. Sales misreported as "use tax" transactions that are distributed to the countywide pools rather than to "point of sale" for the City.

2. "Point of sale" transactions mis-reported to administrative offices or other locations outside the City rather than to the location within the City where principal negotiations or orders are initiated.

3. E-commerce orders allocated to billing or switching equipment sites rather than the location of human intervention.

4. Misallocations occurring because sales from multiple retail outlets, order desks, or offices are credited to a single location outside the incorporated area rather than to sub outlets located within the City boundaries.

5. Individual "use tax" transactions exceeding $500,000 that are reported to the countywide pools rather than "point-of-use;"

6. Erroneous reporting of sales associated with construction materials and fixtures to countywide pools due to misclassified as an installed sale rather than "over-the-counter" sale.

7. Failure to designate in-state warehouses as "point of sale" for orders placed or negotiated outside of California.

8. Misallocations that occur due to zip code, boundary or other jurisdictional inconsistencies or because of failure of new addresses to be picked up in the CDTFA registration rolls; and

9. Misallocations by companies that self-impose "use tax" for materials taken out of inventory and misreport the usage as taking place at locations other than the City.

Objectives and Methodology

CONSULTANT captures the obvious sales tax errors and the more complicated ones that involve different interpretations of tax liability.

Taxable Nexus Field Audit.

We target City-based businesses that may not be properly reporting local sales and use tax to the City. We do this via physical canvassing of the City’s borders in addition to the commercial and industrial areas. We evaluate taxes paid by businesses for th eir products, will -call operations and other sales -related activities. Without this labor - intensive undertaking, misallocations may remain undetected even when electronic data mining is applied.

Tax Area Code (TAC)/Permit Audits.

We identify and correct improperly registered permits of companies with point-of-sale or use operations. We also look for businesses with an incorrect tax area code due to jurisdictional/boundary confusion. Wholesalers, contractors, manufacturers and other non-retail businesses frequently do not hold a permit registered to the City because their operations do not include a point -of-sale qualifying activity. However, these companies often ITEM 8

ATTACHMENT B

generate tax from the CDTFA audit deficiency assessments, new or changed operations, or the self-accrual of use tax on purchases through direct payment permits.

Deficiency Assessment Audit.

With a CDTFA audit, taxpayers often receive a substantial deficiency assessment due to underpayments and/or under collections. Our proprietary criteria and techniques detect and correct what are often misallocations to the state or County pool. Accordingly , we have developed proprietary criteria and techniques to detect and correct CDTFA deficiency assessment misallocations and thus expand the benefits produced by our allocation audit service.

Quarterly Distribution Report (QDR) Audit.

We conduct QDR audits when we see a substantial change in historical allocation because of declining or missing payments, negative fund transfers, and audit adjustments in the sales and use tax allocation. QDR audits have the same objective as the other audits: to detect, document and assist in correcting errors and thereby generate new, previously unrealized Sales, Transaction and Use Tax revenue for the City. To make sure the City gets the maximum amount of misallocated revenue, we include the current economic period based on the calendar quarter and the three prior tax return periods. MuniServices LLC reviews 100% of taxpayers reporting local tax to the City each quarter in addition to a comprehensive review of the Citywide pool to ensure all possible all ocation errors and aberrations are identified and submitted for correction.

Accounts Payable Audit Reviews.

In order to identify opportunities for the City to recover the local allocation on purchase transactions subject to tax, and facilitate the recovery of such funds, MuniServices LLC may perform an accounts payable audit that identifies the opportunity to fa cilitate the issuance of a direct payment permit (use tax) to the City. They also provide the foundation necessary for the City to get a direct payment permit (use tax) and recover funds. Cities also receive our technical assistance in preparing and filing the required tax returns as needed, which is essential because the CDTFA has specific procedures and timing for filing claims.

Sales, Use and Transaction Tax Audit Process:

In providing the Sales, Use and Transaction Tax Audit and Recovery Services, CONSULTANT shall:

• Data Acquisition – Data from multiple sources is acquired and loaded into CONSULTANT/MuniServices’ data warehouse for analysis and mining. • Data Review and Analysis – CONSULTANT/MuniServices thoroughly reviews payment and registration data for possible registration and/or local tax reporting errors. • Taxpayer Investigation – CONSULTANT/MuniServices verifies taxpayer information including address verification and business activity. If a misallocation is confirmed, CONSULTANT/MuniServices will gather applicable documentation which includes email communication with taxpayer and copies of tax returns, questionnaires, contracts, and invoices. • Petition Preparation and Submission – CONSULTANT/MuniServices carefully documents verified misallocation errors into petitions and prepares for submission to CDTFA. • Correction Case Review and Follow-Up – New incoming CDTFA decision letters are reviewed for confirmation of correction of the misallocated sales or use tax. Additionally, case backlog is reviewed to determine those requiring follow-ups with taxpayers and/or CDTFA.

ITEM 8

ATTACHMENT B

• CITY Audit Reports – CONSULTANT/MuniServices provides a Quarterly Audit Update Report, a report containing details on all now petitions filled with the CDTFA on their behalf. Additionally, CONSULTANT/MuniServices also provides an Open Account Status Report, which is a repor t containing all cases that remain uncorrected which reflect status and estimated revenue.

Use Tax Audit & Recovery Opportunities

Our Use Tax Audit Services are designed to not only capture use tax revenue through the review of past purchase activity by the businesses in the City, but also to assist in establishing new processes and procedures designed to prevent the pooling of these revenues and increase the direct allocation to the City. The use tax audits identify taxpayers purchasing tangible personal property directly from out -of-state retailers where the transactions are subject to use tax (rather than sales tax). The use tax is often collected by the vendor who in turn remits it to the CDTFA, with the local allocation typically distributed statewide or Citywide through the pools. These audits include proprietary techniques used to identify purchases made by businesses located in the City from out -of- state vendors that are in excess of $500,000. Additional use tax audits can focus on the practice of “Use Tax Accrual” in certain conditions where the purchaser may elect to self-accrue the use tax and remit it directly to the CDTFA, in which case the local portion will come back to the City in the same manner as sales tax. This can involve both purchases made by the City itself or working directly with businesses and construction contractors to establish the practice of self-accrual and direct remittance of the use tax to the CDTFA.

Business Cooperation Program (BCP)

MuniServices LLC pioneered the BCP program, which can generate significant revenues. Our BCP consulting services encourage construction contractors and major vendors to obtain a direct pay permit or job site registration to encourage them to report the app licable local use tax so that the local use payments can be directly allocated to the City instead of the Citywide pool. There are many complexities associated with determining which contractors are eligible to register a job site, in addition to reviewing purchasing contracts for major fixtures, machinery and equipment from overseas manufacturers in order to provide proper instructions to the purchasers.

We are actively working with multiple CITYs on major construction projects to maximize the use tax reve nue associated with their purchases of materials, fixtures and machinery and equipment involving sports arenas to include the Sacramento Golden One Arena, hotels, airport expansions (Sacramento International Airport), energy/solar projects in addition to o ther major commercial and industrial projects (major online distribution warehouses). We are the only firm with experience and verifiable results working with local jurisdictions to maximize use tax revenues on major construction projects such as large commercial and industrial projects, sports arenas, airports, ports, solar arrays –tracking and managing these use tax issues from pre -construction through project completion.

Deliverables

Progress Reports

CONSULTANT will provide periodic progress reports to CITY in the form of status updates. CONSULTANT’s progress reports will identify errors detected, documented and corrected.

CITY Assistance
CITY shall assist CONSULTANT by providing information and assistance necessary to perform the Sales, Use and Transaction Tax Audit and Recovery Services to include, without limitation, the following:

ITEM 8

ATTACHMENT B

• Providing CONSULTANT historical sales/use tax information including but not limited to confidentiality reports previously received from the Comptroller for past periods, if available. • Issuing necessary documentation to the Comptroller to allow CONSULTANT to access and receive detailed confidentiality reports on an on-going monthly basis. • Providing a letter of introduction identifying CONSULTANT as an authorized agent of the CITY to perform the Sales, Use and Transaction Tax Audit and Recovery Services and to receive and examine taxpayer records necessary to assure sales/use tax compliance. • Pursuing in good faith corrective action on errors detected by CONSULTANT. • Issuing necessary documentation to the Comptroller to correct errors validated by CONSULTANT.

The parties agree that the CITY and/or the Comptroller retain exclusive authority and responsibility to administer, interpret and enforce the CITY’s sales/use tax, recognizing that CONSULTANT’s role is limited to employing its unique expertise and proprietary tools for: i) detecting and documenting errors by taxpayers in the application, calculation, collection, and/or remittance of sales/use taxes and, ii) providing CITY with technical assistance, without assuming or being delegated the authority or responsibility of CITY to administer, interpret, and enforce its sales/use taxes.

Confidentiality
Section 7056 of the State of California Revenue and Taxation code specifically limits disclosure of confidential taxpayer information contained in the records of the California Department of Tax and Fee Administration. This section specifies the conditions under which a CITY may authorize persons other than City officers and employees to examine State Sales, Use and Transactions Tax records.

The following conditions specified in Section 7056 (b)(1) of the State of California Revenue and Taxation Code are hereby made part of this Agreement.
a) CONSULTANT is authorized by this Agreement to examine sales, use or transactions and use tax records of the Department of Tax and Fee Administration provided to the CITY pursuant to contract under the Bradley-Bums Uniform and Use Tax Law.
b) CONSULTANT is required to disclose information contained in, or derived from those sales, use or transactions and use tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information.
c) CONSULTANT is prohibited from performing consulting services for a retailer, as defined California Revenue and Taxation Code Section 6015 during the term of this Agreement. d) CONSULTANT is prohibited from retaining the information contained in or derived from those sales or transaction and use tax records, after this Agreement has expired. Information obtained by examination of the Department of Tax and Fee Administration records shall be used only for purposes related to collection of local sales and use tax for other governmental functions of the CITY as set forth by resolution adopted pursuant to Section 7056(b) of the Revenue and Taxation Code. The resolution shall designate the CONSULT ANT as a person authorized to examine sales and use tax records and certify this Agreement meets the requirements set forth above and in Section 7056(b)(1) of the Revenue and Taxation Code.

CLEARVIEW, SALES/USE TAX ANALYSIS & REPORTING SERVICE
In conjunction with the CONSULTANT’s comprehensive SUTA service, the CONSULTANT will provide a state-of-the-art Sales, Transactions, and Use Tax Reporting online software titled ‘ CLEARVIEW’ (formerly known as STARS), as well as Quarterly Sales Tax Review Meetings and Consulting. CLEARVIEW software includes the following key features:

Consolidated Economic Reports
ITEM 8

ATTACHMENT B

1. Key trends at the category, segment, and retailer levels.

2. High-level view of key retailer performance.

3. Search function for retailers and recent payment history (within the jurisdiction).

4. Review and export the rankings of the sales tax producers in your jurisdiction for recent periods.

5. Export the Excel data behind the reports for further analysis or inclusion in internal reports.

Geo Area Reports (Economic)

1. Review trends/growth/declines within specified geo-areas.

2. Export a 3-year history of each geo-area directly to excel.

Cash Trends and Distribution Summaries

1. Review the fiscal year-to-date totals for cash.

2. Compare cash performance to other jurisdictions as a quick way of benchmarking performance.

3. Review cash distributions from the State (including pool amounts, where applicable).

4. Locate potential one-time payments

GIS Maps

1. Visualize your geo-areas and summarize by category and segment.

2. Compare the performance of one geo-area to another.

Accuracy. The CLEARVIEW reports rely on information provided by applicable governmental authorities and third parties. CONSULTANT has no obligation to verify, remove redundancies, or otherwise clean or standardize the information provided by state authorities or any third parties.

Timing. CONSULTANT’s obligation to provide the CLEARVIEW Service is conditioned on the CITY’s delivery of required, signed documentation to CONSULTANT to access the proper data from the applicable governmental authorities.

CITY Assistance

1. Confidentiality. The information provided to the CITY in the CLEARVIEW Reports is confidential. It is not open to public inspection. A CITY may use the information only for lawfully permitted purposes. CITY shall not distribute the CLEARVIEW Reports to any person unless that person is legally entitled to access the information in the CLEARVIEW Reports, or except as may otherwise be required by law or court order.

2. Data. In order for CONSULTANT to provide the CLEARVIEW Reports, the CITY will need to deliver to CONSULTANT the signed documents/authorizations required to access the proper data from the applicable governmental authorities as may be required by law.

Additional Terms.

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ATTACHMENT B

a. License. CONSULTANT grants to CITY a license for each of CITY’s designated users to access the CLEARVIEW reports service for so long as this Agreement is in effect. Each of the CITY’s designated users must be submitted in writing to the CONSULTANT. CONSULTANT will provide the user with the necessary login information. Any passwords issued for this service may only be used by the person to whom the password is issued; sharing of passwords is STRICTLY PROHIBITED. CITY has the obligation to protect those passwords.

b. Limitations of Liability. CONSULTANT is not responsible for any breach of data resulting from CITY’s failure to protect passwords or systems used to access the Service. Some jurisdictions do not allow the exclusion of implied warranties or limitations of how long an implied warranty may last, or the exclusion of limitation of incidental damages, so the above limitations or exclusions may not apply to CITY. In no event shall CONSULTANT or its licensors, suppliers, or licensees be liable to CITY for any consequential, special, incidental, or indirect damages of any kind arising out of the performance or use of the service, even if CONSULTANT has been advised of the possibility of such damages.

c. Non-disclosure. CITY’s use of the CLEARVIEW services is conditioned on CITY’s agreement not to make the service or any of the output of the system available to anyone other than authorized CITY staff.

Nothing in this provision prohibits the CITY from exporting data and formatting it for its own use or from making documents marked as ‘public’ known to the public.

ITEM 8

ATTACHMENT B

EXHIBIT B - COMPENSATION

1. SALES, USE AND TRANSACTION TAX AUDIT AND RECOVERY SERVICES

In exchange for CONSULTANT performing the work indicated above, the CITY will pay CONSULTANT as follows:

The CITY shall pay CONSULTANT a 15% contingency fee. The fee applies to the sales/use tax revenue received by the CITY from correction of taxpayer reporting errors detected and documented by the Sales, Use and Transaction Tax Audit and Recovery Services. The Contingency Fee applies to both: (a) past compliance (as applicable) – sales/use tax revenues received by the CITY from prior periods; and (b) prospective compliance (as applicable) -- incremental increase in sales/use tax revenues received for the first six consecutive reporting quarters following correction of the errors and confirmation of receipt of revenue by the CITY.

CONSULTANT will invoice CITY quarterly based on past and/or prospective compliance secured on behalf of CITY and based on revenue actually received by City. Invoices are due and payable upon receipt.

All expenses incurred by CONSULTANT in providing the Sales, Use and Transaction Tax Audit and Recovery Services are the sole and exclusive responsibility of CONSULTANT, except those expenses that receive prior written approval by CITY.

Completion of Service

CITY shall remain obligated to compensate the CONSULTANT, in accordance with the terms set forth herein, for all services commenced prior to the effective date of termination or expiration of this Agreement, irrespective of whether payment is received by the CITY after such date. CONSULTANT will provide CITY with a list of taxpayer accounts submitted but not yet corrected as of the expiration or termination within a reasonable time after the expiration or termination (“completion list”).

2. CLEARVIEW, SALES/USE TAX ANALYTICS & REPORTING

Base Package Annual fee

CITY shall pay CONSULTANT an annual fee of $3,275.00 (“annual fee”) payable in four equal quarterly payments of $818.75 CONSULTANT will invoice the CITY on a quarterly. Invoices are due and payable within thirty (30) days of receipt. If this Agreement is terminated for any reason, the CITY remains obligated to pay CONSULTANT the quarterly payments of the annual fee for the quarters before the notice of termination.

Adjustments

CONSULTANT will adjust the Base Package Annual Fee and any of the optional fees at the beginning of each calendar year by a 5% percentage change.

Additional Consulting

CITY may request that CONSULTANT provide additional consulting services at any time during the term of this Agreement. If the CITY and C ONSULTANT agree in writing on the scope of the additional consulting ITEM 8

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services requested, then CONSULTANT shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, standard hourly rates range from ninety dollars ($90) per hour to three-hundred fifty dollars ($350) per hour. These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred.

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: September 22, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Julian Aguirre, Economic Development Manager
[email protected], (209) 538-5773
SUBJECT: Resolution No. 202 5-XXX, Approving the Elimination of One (1) Vacant Administrative Secretary Position and Adding One (1) Planning Technician Position
RECOMMENDED COUNCIL ACTION:

Staff recommends council approve the elimination of one (1) Administrative Secretary position and adding one (1) Planning Technician Position to the Community Development Department.

I. BACKGROUND:

The Community Development Department is currently experiencing significant challenges in meeting the growing demands of the community, largely due to an influx of planning and development requests. The department is critically understaffed and is currently operating without a Director of Community Development and a Senior Planner, both key leadership and operational positions.

Since July 2025, the City has contracted with an off -site planning consultant to provide essential support, which has enabled the department to manage its core functions and maintain service levels. However, over the past several months, there has been a substantial increase in public inquiries related to planning, building, and development, placing additional pressure on the remaining staff.

To address the larger-scale projects, the department has engaged a part-time consultant to provide added capacity. While this measure has helped in the short term, the recent retirement of the department administrative secretary has further strained internal resources. The remaining team members are now facing difficulty balancing day -to-day operations alongside the increasing volume of community requests.

ITEM 9
II. REASONS FOR RECOMMENDATION:

Given the department’s current staffing limitations and the continued rise in planning - related inquiries, the addition of a full -time Planning Technician is a necessary and strategic response to restore operational capacity and improve service delivery.

A recent assessment of the department’s workload indicates that the majority of public inquiries are related to building, planning, and future activity. Many of these requests involve tasks that can be appropriately handled by a Planning Technician, allowing higher-level staff and consultants to focus on complex projects without compromising the overall efficiency of the department.

The retirement of the department administrative secretary and the resignation of the Senior Planner have further underscored the need for an entry -level position that possesses a foundational understanding of planning, building, and development. A full - time Planning Technician would serve as a front -line resource to assist community members, whether in person, by phone, or via email, helping guide them through the development process and ensuring timely responses to their inquiries.

This staffing adjustment is expected to significantly alleviate pressure on current staff, enhancing internal workflow, and improving the overall customer experience for residents and developers engaged with the department.

III. FISCAL IMPACTS:

There is no fiscal impact associated with this request , as both the Administrative Secretary and Planning Technician positions fall within the same J49 salary range in the City’s Class Title and Salary Range Schedule . The salary range for th e Planning Technician position is $53,310.40 to $64,792.00 annually.

The position is fully funded for Fiscal Year 2025-2026 and is anticipated to remain funded in future fiscal years.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The addition of a Planning Technician to the Community Development Department will ensure the on-going needs to provide better customer service.

This person will allow the department to provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped and sufficient staff who partner with other public agencies to provide efficient services.

V. POLICY ALTERNATIVES:

Maintain the current vacancy or seek to fill the position as an Administrative Secretary.

Choosing not to reclassify the position could prolong service delays and increase pressure on remaining staff, particularly as planning and development demands continue to rise.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
ITEM 9
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval, the City Manager will direct the Human Resources Director to open a recruitment for the Planning Technician position.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Job Description
ITEM 9
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING THE ELIMINATION OF ONE (1) VACANT
ADMINISTRATIVE SECRETARY POSITION AND ADDING ONE (1)

PLANNING TECHNICIAN POSITION

THE CITY COUNCIL
City of Ceres

WHEREAS, the Community Development Department is critically understaffed and is currently operating without a Director of Community Development and a Senior Planner, both key leadership and operational positions; and

WHEREAS, the Community Development Department has had the recent retirement of the department administrative secretary has further strained internal resources, and the loss of the Senior Planner, a full -time Planning Technician, would serve as a front-line resource to assist community members; and

WHEREAS, the Planning Technician and staff adjustment is expected to significantly alleviate pressure on current staff, enhancing internal workflow and improving overall customer service.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the elimination of one (1) vacant Administrative Secretary position and adding one (1) Planning Technician position.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9

CITY OF CERES

PLANNING TECHNICIAN
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

SUMMARY DESCRIPTION
Under general supervision, provides professional planning staff with a wide variety of technical assistance involving planning, zoning, and land use matters ; provides information to developers and the general public; assists with the preparation of comprehensive reports and planning resolutions.

REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.

1. Assist professional planning staff with technical and administrative work related to code, ordinance, and regulation requirements.

2. Provide preliminary review and analysis of development plans at the public counter ; review plans for completeness and conformance to planning, building, zoning and other appropriate land use and development policies and procedures; confer with developers and the general public regarding City development standards and guidelines.

3. Receive telephone and counter inquiries on zoning and development matters; provide correspondence to the general public ; assist and direct the public to the appropriate staff member or department ; provide information regarding department policies and procedures.

4. Conduct basic studies and prepare routine staff reports related to planning, zoning, and land use activities.

5. Provide technical assistance to higher level planning staff; research, gather , and compile data and information relevant to environmental and natural resources for use in environmental review documents.

6. Prepare and present graphic material for public meeting presentations.

7. Make field inspections on related development proposals, zoning, or other planning matters.

8. A ssist in the maintenance of the City land use data base; produce various reports derived from the data base; research and compile data for special projects and various reports.

9. Assist in the collection of data for annexations; assist in processing annexation applications.

10. Maintain a variety of statistical records; check and tabulate statistical data; prepare simple statistical reports; prepare monthly/annual report on department activity.

11. Compose routing documents for department comments and outside agencies’ comments.

12. Perform clerical duties related to department activities.

13. Serve as a member of various staff committees as assigned.

14. May be required to attend Planning Commission meetings to present information.

ATTACHMENT B
ITEM 9

CITY OF CERES
Planning Technician (Continued)

15. Attend professional development workshops and conferences to keep abreast of trends and developments in the field of municipal planning.

16. Perform related duties as required.

QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.

Knowledge of:
• Basic planning and development process terms and codes. • Principles, practices, and theories of graphic design, drafting and related equipment. • English usage, spelling, grammar, and punctuation.
• The City’s municipal codes and plans.
• Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Ability to:
• Prepare maps, graphs, charts, site plans, and other descriptive material. • Assist with the preparation of comprehensive reports and planning resolutions. • Provide information to the public, developers and realtors regarding address and zoning regulations.
• Research, analyze and interpret data.
• Maintain complex records and prepare reports and answer questions from records. • Learn the organization, procedures, and operating details of the department. • Learn planning, land use and zoning terms and codes.
• Perform administrative work including maintenance of appropriate records and preparation of general reports.
• Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
• Understand and follow oral and written instructions.
• Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.

Education and Experience Guidelines -
Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education/Training:

Equivalent to the completion of the twelfth grade. Additional specialized training in drafting, graphic design, urban planning, surveying, engineering, mathematics, computer science, the physical sciences or a related field is desirable.d
Experience:

Two years of work experience, preferably in a municipal setting.

License or Certificate:

Possession of an appropriate, valid driver’s license.

ATTACHMENT B
ITEM 9

CITY OF CERES
Planning Technician (Continued)

PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.

Environment: Work is performed primarily in a s tandard office setting; some outdoor exposure and travel from site to site; exposure to all types of weather and temperature conditions.

Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate a vehicle to travel from site to site; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information.

Vision: See in the normal visual range with or without correction.

Hearing: Hear in the normal audio range with or without correction.

Bargaining Group: Miscellaneous
FLSA Status: Non-Exempt
June, 2007
Johnson & Associates

ACKNOWLEDGMENT
I acknowledge that I have read the job description and requirements for the Planning Technician position and I certify that I can perform these functions.
______________________________ __________ ______________________________ Applicant Signature Date Witness
*Management has the right to add or change these duties of the position at any time.

ATTACHMENT B
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

Resolution No. 2025 -XXX, Approving a Professional Services Agreement with Gouveia Engineering in the amount of $35,000.00 for Principal Planner Services and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends Council to approve a professional service agreement with Gouveia Engineering for principal planner services and authorize the City Manager to execute the agreement.

I. BACKGROUND:

The City has been without a Senior Planner or Community Development Director since March 2025. The Planning Department is in need of a qualified individual to help move projects forward. The City has been contracting with Gouveia Engineering for a Principal Planner since May 2025.

II. REASONS FOR RECOMMENDATION:

The City of Ceres has an ongoing need for professional planning services to support various long -range planning projects, development review processes, and policy initiatives. Due to staff turnover and an increased workload associated with upcoming housing element updates, infrastructure projects, and development applications, the City is currently operating with limited in-house planning resources.

To maintain continuity in services, ensure timely processing of development applications, and meet statutory deadlines for planning deliverables, staff identified the need to supplement internal staffing with contract planning support.

Gouveia Engineering has a proven track record of providing high-level municipal planning and engineering consulting services to local jurisdictions throughout the region. The firm ITEM 10
has proposed the assignment of a qualified Principal Planner with over eleven (11) years of experience in land use planning, CEQA compliance, and project management for municipal clients.

Staff has reviewed the qualifications of the proposed Principal Planner and finds them well-suited to meet the City’s planning needs. The scope of work will include:
• Review of development applications
• Preparation of staff reports and presentations for Planning Commission and Council
• CEQA documentation review and coordination
• Long-range planning support including general plan and zoning ordinance updates • Inter-departmental coordination on planning-related issues The City of Ceres needs a person with a deep understanding of the unique challenges that face Ceres and excels in guiding projects through. The City must have an individual that understands residential, commercial and industrial projects and ensuring compliance with local regulations as well as state and federal. Gouveia Engineering has been able to supply that person over the last three (3) months. Staff is asking to approve a contract to help the city to continue to function as we seek a Senior/ Principal Planner.

III. FISCAL IMPACTS:

Staff has negotiated a n amount of $150 /hour for the services and has $35,000 already budgeted for Fiscal Year 2025/2026 for this position. The rate schedule is included as Attachment C.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

The Council could cho ose not to approve the contract and direct staff to seek other options. The position is critical in that it keeps the new projects moving forward as well as the projects that were previously started continue through the process.

VI. INTERDEPARTMENTAL COORDINATION:

Staff worked with the Planning Department and Finance Department on this position.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A

ITEM 10
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval the City Manager will execute a professional services agreement with Gouveia Engineering in an amount not to exceed $ 35,000 for the provision of a contract for Principal Planner services.

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement
ITEM 10
ITEM 10

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
GOUVEIA ENGINEERING IN THE AMOUNT OF $35,000.00 FOR

PRINCIPAL PLANNER SERVICES AND AUTHROIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City has been without a Senior Planner or Community Development Director since March 2025 and needs a qualified individual to help move development projects forward; and

WHEREAS, the City has various long -range planning projects, development review processes, and policy initiatives that require an experienced Planner; and

WHEREAS, to ensure timely processing of development applications and meet statutory deadlines for planning deliverables, staff identified the need to supplement internal staffing with contract planning support; and

WHEREAS, Gouveia Engineering provides a high-level of municipal planning and engineering consulting services to local municipalities throughout the region; and

WHEREAS, the cost is $150.00 per hour for services and there is $35,000.00 budgeted for Fiscal Year 2025/2026 for such services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a professional services agreement with Gouveia Engineering in the amount of $35,000.00 for Principal Planner Services and authorizes the City Manager to execute the agreement.

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 22nd day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10
28859.00009\33887366.1

ATTACHMENT B
1 CITY OF CERES

AGREEMENT FOR PLANNING SERVICES

1. PARTIES AND DATE.

This Agreement for Planning Services (“Agreement”) is made and entered into this 23rd day of September, 2025, by and between the City of Ceres ("City") and Gouveia Engineering, Inc., an Incorporation, with its principal place of business at 456 Sixth Street, Gustine, California 95322 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Planning Services required by City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing Planning Services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Community Development Department project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services . Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from the date first specified above to January 30, 2026 , unless earlier terminated as provided herein. City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one -year terms.] Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

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28859.00009\33887366.1

ATTACHMENT B

2 3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services . Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.

Contractor represents that it has the skilled personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel . Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as follows: Kelsey George and Mario Gouveia.

3.2.5 City's Representative . City hereby designates Doug Dunford, City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.

ITEM 10
28859.00009\33887366.1

ATTACHMENT B

3 3.2.6 Contractor's Representative . Contractor hereby designates Mario Gouveia, P.E. Owner, or his or her designee, to act as its representative for the performance of this Agreement (" Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement.

Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services . Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and othe r staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees . Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein , and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor’s errors and omissions. . Any employee of Contractor or its subcontractors who is determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to City, shall be promptly removed from the Project by Contractor and shall not be re-employed to perform any of the Servi ces or to work on the Project.

3.2.9 Laws and Regulations . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

ITEM 10
28859.00009\33887366.1

ATTACHMENT B

4 (a) Time for Compliance. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives , employees or subcontractors.

Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
(b) Types of Required Coverages . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, Contractor in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance.
(i) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as the latest version of the Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least $1,000,000 per occurrence. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims; or (4) cross liability exclusion for claims or suits by one insured against another.
(ii) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as the latest version of Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident.

(iii) Workers' Compensation and Employer’s Liability :

Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.10(b) (i) Commercial General Liability and (ii ) Automobile Liability Insurance , shall be endorsed to provide the following:
(1) Additional Ins ured: City, its officials, officers, employees and ITEM 10
28859.00009\33887366.1

ATTACHMENT B

5 agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Endorsements shall be issued on a combination of ISO CG 20 10 and CG 20 37 or exact equivalents. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the Agreement.

(2) Primary Insurance and Non -Contributing Insurance: This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees and agents shall not contribute with this primary insurance.

(3) Severability: In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.

(4) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon City except ten (10) days prior written notice shall be allowed for non - payment of premium.

(5) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees and agents.

(6) Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officials, officers, employees and agents.

(7) Applicability: That the coverage provided therein shall apply to the obligations assumed by Contractor under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.

(ii) The policy or policies of insurance required by Section

3.2.10(b) (iii) Workers' Compensation shall be endorsed, as follows:

ITEM 10
28859.00009\33887366.1

ATTACHMENT B

6 (d) Deductible. Any deductible or self -insured retention must be approved in writing by City and shall protect the City, its officials, officers, employees and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. (e) Evidence of Insurance . Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Failure to Maintain Coverage . Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to City. City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement.

In the event that Contractor's operations are suspended for failure to maintain required insurance coverage, Contractor shall not be entitled to an extension of time for completion of the work because of production lost during suspension.

(g) Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A -:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. (h) Insurance for Subcontractors. Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding City as an Additional Insured to the subcontractor's policies.

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, ITEM 10
28859.00009\33887366.1

ATTACHMENT B

7 equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty-Five Thousand Dollars ($35,000.00) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth in Exhibit "C" shall be adjusted each year at the time of renewal in accordance with the Consumer Price Index, All Urban Consumers, San Francisco Price Index, or at the percentage rate set forth in Exhibit "C."

3.3.6 California Labor Code Requirements
(a) Contractor is aware of the requirements of California Labor Code Section 1720, et seq ., and 1770, et seq ., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

ATTACHMENT B

8 project site. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). (b) If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.
(a) Grounds for Termination . Either party may terminate this Agreement by giving at least Thirty Days (30) before the effective date of such termination.

Upon termination, said Party shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination , and Contractor shall be entitled to no further compensation.
(b) Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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ATTACHMENT B

9 (c) Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

GOUVEIA ENGINEERING, INC.
456 Sixth Street
Gustine, California 95322
Mario Gouveia

City:

City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: Doug Dunford, City Manager

Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorneys’ Fees . If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.5.5 Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payme nt of all consequential damages, attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, agents or volunteers.

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ATTACHMENT B

10 Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs , including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise. This Section 3.5.5 shall survive any expiration or termination of this Agreement.

3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.

3.5.7 Governing Law . This Agreement shall be governed by the laws of the State of California. Venue shall be in Merced County.

3.5.8 Time of Essence . Time is of the essence for each and every provision of this Agreement.

3.5.9 City's Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with this Project.

3.5.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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ATTACHMENT B

11 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

3.5.16 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.18 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employ ment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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ATTACHMENT B

12 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.22 Employment Adverse to City. Contractor shall notify City, and shall obtain City’s written consent, prior to accepting work to assist with or participate in a third -party lawsuit or other legal or administrative p roceeding against City during the term of this Agreement.

3.5.23 Conflict of Employment . Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee’s regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City’s payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.

3.5.24 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination.

3.5.25 Subcontracting. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

SIGNATURES ON FOLLOWING PAGE
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ATTACHMENT B

13 SIGNATURE PAGE FOR AGREEMENT

FOR PLANNING SERVICES

IN WITNESS WHEREOF , this Agreement was executed on the date first written above.

CITY OF CERES

Approved By:

Douglas D. Dunford
City Manager

Date

Attest:

City Clerk
GOUVEIA ENGINEERING, INC.

Signature

Name

Title

Date

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ATTACHMENT B

14 EXHIBIT "A"

SCOPE OF SERVICES

Planning support and services

Conducting Zoning and General Plan consistency checks

Prepare recommendations for Staff and applicants

Coordinate with internal departments and external agencies

Respond to public inquiries to zoning, land use, and development standards

Provide housing policy implementation and entitlement processing

Processing residential and mixed use development projects

Handling multimodal infrastructure projects

Understand CEQA and NEPA concepts and practice same

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ATTACHMENT B

15 EXHIBIT "B"

SCHEDULE OF SERVICES

Complete Copper Trails Annexation project

Work with engineering on infill projects and ADU’s

Manage citywide amendments to General Plan and Zoning Ordinance

Assess and identify necessary modifications to housing needs

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ATTACHMENT B

16 EXHIBIT "C"

COMPENSATION

Principal Planner rate is $150 per hour. The City of Ceres anticipates that the contract will not exceed $35,000 before January 30, 2026 .

ITEM 10

COUNCIL AGENDA REPORT

Resolution No. 2025-XXX, Approving an Agreement with the Lew Edwards Group to Provide Planning, Communication and
Engagement Services for Quality -of-Life Vision , Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt the attached resolution to approve a sole source agreement with the Lew Edwards Group (“LEG”), in the City’s standard Professional Services Agreement format, to provide planning, communication and engagement services in connection with the City’s strategic plan vision.

I. BACKGROUND:

The City Council has expressed its intent to assess community perspective on the current qualify of life in Ceres by identifying the priorities for improvement and explore potential strategies to achieve those goals.

The first step in achieving this City Council goal was to determine the attitudes , beliefs, and priorities of the community in a reliable and statistically sound survey. LEG serve d as Lead Consultant on this effort and has, as an initial step, facilitated the development of appropriate questions in consultation with FM3 Research, resulting in the production of the Summer 2025 Community Survey.

The City was interested in conducting an objective, statistically reliable survey of Ceres residents and voters to profile their needs, priorities, preferences, and satisfaction related to city services and infrastructure measure community interest in additional funding for city services and facilities and gather data on a variety of quality-of-life issues, and policy- related matters.

ITEM 11
Following the assessment of the City’s updated opinion research, LEG has developed an initial recommended engagement toolkit and Strategic Recommendations to inform the community and collect additional input as described in its proposal. LEG will assist the City in developing or adding value to selected copy for appropriate engagement and communications materials to provide informational messaging to the public, such as copy for links on the City website, assistance with rapid response needs, and focused Power Point Presentations for informational Speakers’ Bureau, Stakeholder, Key Influential and community presentations.

LEG conducted the initial community survey for the Qualify of Life project and, if approved, will continue working with City staff and the City attorney to prepare draft materials for review and approval. This community outreach will need to continue to actively engage with the community and share useful information on different mat ters and deemed necessary.

Staff has reviewed the marketplace for reliable firms that can perform this service, and determined that the nature of the service, the reputation of the service provider and the quality of the work vary widely in the available firms. For this reason, staff is strongly recommending a sole source contract with LEG, rather than a lengthy and expensive request for proposals, which would result in various levels of cost but with no assurance of work quality or reliability. The Government Code and the City’s M unicipal Code both permit sole source contracts for the performance of specialized professional services and staff believes that this is an instance when a sole source procedure is the preferred method. In addition, LEG has previously worked with the City of Ceres on vario us other successful projects.

Although LEG has previously performed such services for the City, their reputation in the state is extremely strong.

II. REASONS FOR RECOMMENDATION:

Staff believes the partnering with the LEG will benefit the City to fully understand the position of the citizens of the City of Ceres and what they see as the important needs and priorities of the City.

III. FISCAL IMPACTS:

The agreement with the Lew Edwards Group (LEG) has a monthly rate of $6,750 and will continue through November 2026. Staff is requesting a budget amendment in the amount of $ 115,500 for the current fiscal year. The remaining agreement costs will be incorporated into the fiscal year 2026/27 budget for Council’s consideration during the annual budget process. This budget amendment will ensure sufficient funds are available to support the continuation of planning, communication, and commun ity engagement services as outlined in the contract.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A

ITEM 11
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The City Manager worked with Finance , Human Resources, Engineering, Planning and police departments for coordination
VII. PUBLIC PARTICIPATION:

The City conducted a Summer 2025 Community Services Survey with the public.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon the Council approving the contract and resolution, Staff will engage the LEG immediately per their scope of services

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Professional Services Agreement

3. Attachment C – Budget Amendment
ITEM 11
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING AN AGREEMENT WITH THE LEW EDWARDS GROUP

TO PROVIDE PLANNING, COMMUNICATION AND ENGAGEMENT

SERVICES FOR QUALITY-OF-LIFE VISION, APPROVING A BUDGET

AMENDMENT, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City recently assessed the communities perspective on the current quality-of-life in Ceres and identified priorities for improvement; and

WHEREAS, as a result, the Lew Edwards Group (LEG) has developed an engagement toolkit and strategic recommendations to inform the community , actively engage with the community, and collect additional input; and

WHEREAS, the Lew Edwards Group is qualified and experienced in overseeing appropriate surveys and preparing strategic plans to address the results of said surveys; and

WHEREAS, a budget amendment appropriating an additional $ 115,500 from General Fund Reserves to account 10065.029900 is necessary to fund the agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with the Lew Edwards Group to provide planning, communication and engagement services for quality-of-life vision, approving a budget amendment, and authorizing the City Manager to execute the agreement.

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 22nd day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11
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ATTACHMENT B

1 CITY OF CERES

AGREEMENT FOR PLANNING, COMMUNICATION AND ENGAGEMENT

SERVICES

1. PARTIES AND DATE.

This Agreement for Planning, Communication and Engagement Services (“Agreement”) is made and entered into this 23rd day of September, 2025, by and between the City of Ceres ("City") and The Lew Edwards Group, a Corporation, with its principal place of business at 5454 Broadway, Oakland, California 94618 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Planning, C ommunication and Engagement services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Planning, Communication and Engagement services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Community Survey and Vision project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.2 Term. The term of this Agreement shall be from the date first specified above to November 30, 2026 , unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

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ATTACHMENT B

2 3.2 Responsibilities of Contractor.

3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.

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ATTACHMENT B

3 3.2.6 Contractor's Representative. Contractor hereby designates Catherine Lew, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.10 Insurance.

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ATTACHMENT B

(iii) Workers' Compensation and Employer’s Liability :

Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(iv) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of Contractor 's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. Non - owned disposal site coverage shall be provided if handling, storing or generating hazardous materials or any material/substance otherwise regulated under environmental laws/regulations.

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ATTACHMENT B

5 (c) Endorsements.
(i) The policy or policies of insurance required by Section

3.2.10(b) (i) Commercial General Liability and (ii ) Automobile Liability Insurance and shall be endorsed to provide the following:
(1) Additional Ins ured: City, its officials, officers, employees and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Endorsements shall be issued on a combination of ISO CG 20 10 and CG 20 37 or exact equivalents. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the Agreement.

(5) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees and agents.

(7) Applicability: That the coverage provided therein shall apply to ITEM 11
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ATTACHMENT B

6 the obligations assumed by Contractor under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.

(ii) The policy or policies of insurance required by Section

3.2.10(b)
(iii) Workers' Compensation shall be endorsed, as follows:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees and agents.

(2) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon City except ten (10) days prior written notice shall be allowed for non - payment of premium.

(d) Deductible. Any deductible or self -insured retention must be approved in writing by City and shall protect the City, its officials, officers, employees and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. (e) Evidence of Insurance . Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Failure to Maintain Coverage . Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to City. City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement.

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ATTACHMENT B

7 (g) Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A -:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. (h) Insurance for Subcontractors. Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding City as an Additional Insured to the subcontractor's policies.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fifteen Thousand Five Hundred Dollars ($115,500.00) without written approval of City's City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed during the invoicing period. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

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ATTACHMENT B

8 Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth in Exhibit "C" shall not be adjusted each year at the time of renewal in accordance with the Consumer Price Index, All Urban Consumers.

If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). (b) If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

3.4 Accounting Records.

ATTACHMENT B

9 shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.
(a) Grounds for Termination . City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination , and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. (b) Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. (c) Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

Contractor:

Lew Edwards Group
5454 Broadway
Oakland, CA 94618
Catherine Lew

City:

City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: Doug Dunford, City Manager

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ATTACHMENT B

10 3.5.3 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs , including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section 3.5.5 shall survive any expiration or termination of this Agreement.

3.5.7 Governing Law . This Agreement shall be governed by the laws of the State of California. Venue shall be in Merced County.

3.5.8 Time of Essence . Time is of the essence for each and every provision of this Agreement.

3.5.9 City's Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with this Project.

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ATTACHMENT B

11 3.5.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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

ITEM 11
28859.00009\33887366.1

ATTACHMENT B

12 3.5.18 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employ ment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

ITEM 11
28859.00009\33887366.1

ATTACHMENT B

13 SIGNATURES ON FOLLOWING PAGE
ITEM 11
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ATTACHMENT B

14 SIGNATURE PAGE FOR AGREEMENT

FOR PLANNING, COMMUNICATION AND ENGAGEMENT SERVICES

IN WITNESS WHEREOF , this Agreement was executed on the date first written above.

CITY OF CERES

Approved By:

Douglas D. Dunford
City Manager

Date

Attest:

City Clerk
Lew Edwards Group

Signature

Catherine Lew

Title

Date

ITEM 11
28859.00009\33887366.1

ATTACHMENT B

15 EXHIBIT "A"

SCOPE OF SERVICES

• Update the City on Best Practices
• Review archival files on past City of Ceres projects
• Conduct audit of City issues /media coverage in the public arena • Facilitate and continuously update a coordinated strategy and timeline for Project • Facilitate design of tailored study/s by City’s designated public opinion research professional • Independently analyze survey results
• Provide Strategic Recommendations for community engagement • Draft Public Messaging/Engagement Platform
• Draft text copy for selected communications collaterals such as FAQs, web content, mailings, utility inserts, digital/online vehicles, and other materials (paid digital costs are not included within this Agreement; City to design, translate, print, and mail using its own vendors and budget outside of this Agreement)
• Conduct message training
• Work with City staff on methods to engage constituents, expand community awareness of policy, fiscal/service needs and solicit additional community input on City’s proposal/vision • Recommend to staff methods of engaging/informing constituents about Project in City communications vehicles, including newsletters, guest columns, website, digital/online • Provide recommendations for proposed city budget reports, presentations, or documents • Participate in selected City briefing and planning sessions related to budget adoption to maximize messaging
• Assist with rapid response needs from media or the community as necessary to correct misinformation or clarify confusing information (LEG does not function as a city spokesperson) • Advise City of viability and feasibility of any potential ballot measure and confer with City Attorney on measure components
• Work with City staff on related staff report and measure development

THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT LEGAL SERVICES OR ADVICE ARE NOT WITHIN CONSULTANT’S SCOPE OF SERVICES . CONSULTANT’S SERVICES WILL BE PROVIDED EXCLUSIVELY VIA TELECONFERENCE OR VIDEOCONFERENCE —NO ON-SITE VISIT OR TRAVEL WILL BE REQUIRED BY THE CITY.

ITEM 11
28859.00009\33887366.1

ATTACHMENT B

16 EXHIBIT "B"

SCHEDULE OF SERVICES

Participate in selected City briefing and planning sessions related to budget adoption to maximize messaging

Assist with rapid response needs from media or the community as necessary to correct misinformation or clarify confusing information

Advise City of viability and feasibility of any potential measure and confer with City Attorney on measure components

Work with City staff on related staff report and measure development

Conduct public audit of City demographics, budget/policy, information, and media coverage

Review/provide added value to City Budget messaging, presentation/s, staff reports

Update project plan/build out Engagement Calendar for balance of 2025

ITEM 11
28859.00009\33887366.1

ATTACHMENT B

17 EXHIBIT "C"

COMPENSATION

Consultant’s professional rate is Six Thousand, Seven Hundred and Fifty Dollars ($6,750) per month due and payable on the last business day of each month for the term of this Agreement commencing August 1, 2025, and ending on November 30, 2026.

Professional fees do not include other project costs such as opinion research, graphic design, translation, printing, bulk postage, mail house processing fees, or digital media buys, which will be budgeted separately by the City throughout the project. Consultant will advise the City on the level of investment necessary following survey.

ITEM 11
ITEM 11
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 11
ITEM 11

COUNCIL AGENDA REPORT

Resolution No. 2025 -XXX, Approving the Appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 24 -25 for the Truck Stop Grub Hub and Outdoor Music Venue Located at 1379 E. Whitmore Avenue, Ceres, CA (APNs:
040-089-033, -034, -035)
RECOMMENDED COUNCIL ACTION:

Approve the appeal of Planning Commission’s approval of Conditional Use Permit Number 24 - 45 for the Truck Stop Grub Hub and Outdoor Music Venue located at 1379 E. Whitmore Avenue, Ceres, CA (APNs: 040-089-033, -034, -035).

I. BACKGROUND:

Pursuant to the City of Ceres’ (“City”) Mobile Food Vendor Ordinance, the Truck Stop Grub Hub (“Project”) seeks Conditional Use Permit Number 24-25 (“CUP 24-25”) to allow up to twenty (20) mobile food vendors and a live music venue on the property located at 1379 E. Whitmore Avenue, Ceres, CA (APNs: 040-089-033, -034, -035) (the “Site”).

The Ceres Planning Commission (“Planning Commission”) held the first duly noticed public hearing for CUP 24 -45 on June 16, 2025. At that meeting, the Planning Commission also considered Conditional Use Permit 24 -24 (“ CUP 2 4-24”), a second mobile food vendor conditional use permit for a site accommodating ten mobile food vendors. The Planning Commission continued both mobile food vendor CUPs to a future, undetermined meeting due to concerns regarding the interpretation of the City’s Mobile Food Vendor Ordinance and requested guidance from the City Council.

City Staff brought both mobile food vendor conditional use permits back to the Planning Commission on July 21, 2025, recognizing that each applicant was entitled to timely processing of their conditional use permit. During a duly noticed public hearing on July 21, 2025, the Planning Commission voted to approve both CUP 24-45 and CUP 24 -24 ITEM 12
4920-3579-1210, v. 3
for mobile food vendor conditional use permits allowing multiple mobile food vendors at each respective site.

On July 24, 2025 ., Andres Sanches appealed the Planning Commission’s approval of CUP 24-45. The second conditional use permit, CUP 24-24 was not appealed.

Ceres Municipal Code Section 18.30.140 Appeal Hearing Procedures, Section B Decision, states that the City Council shall hear and decide on the subject of the appeal, giving full consideration to the specific findings of the officer or commission appealed from, and may affirm, reverse, or modify the action appealed as it deems just and equitable. Based on this code section, the City Council has the authority to reconsider any finding made by the Planning Commission and choose to approve, deny, or modify the decision of the Planning Commission.

II. REASONS FOR RECOMMENDATION:

On September 8, 2025, at 6:00 p.m., the City Council held a duly noticed public hearing on the appeal of CUP 24-45. After considering all Planning Commission findings, along with all evidence, testimony, and public comments presented at the public hearing, the City Council determined that the project would present a danger to public health, safety, and welfare. Accordingly, the City Council voted to approve the appeal and deny CUP 24-45 based on the following findings:

1. The Project does not provide sufficient on -site parking to accommodate the proposed use. The resulting overflow of parking onto adjacent residential and commercial streets would create unsafe traffic conditions and hazards for pedestrians and vehicles.

2. The intensity of the proposed use is anticipated to significantly increase vehicle trips to and from the site. The surrounding street network lacks the capacity to safely accommodate this additional traffic.

3. The on-site consumption of alcohol will result in detrimental impacts to public health, safety due to increases to the potential for alcohol -related disturbances and impaired driving. The applicant has not demonstrated that such impacts could be sufficiently mitigated through reasonable conditions of approval.

4. The proposed use would generate noise, including amplified music, that would adversely affect the quiet enjoyment of nearby residential properties. The applicant has not demonstrated that such impacts could be sufficiently mitigated through reasonable conditions of approval.

5. The proposed use is inconsistent with the character of the surrounding neighborhood. The combination of insufficient parking, traffic, consumption of alcohol and amplified music is incompatible with nearby residential uses and would impair the integrity and character of the community.

III. FISCAL IMPACTS:

Denial of the Project will result in the loss of any potential tax revenue from the Site.

ITEM 12
4920-3579-1210, v. 3
V. POLICY ALTERNATIVES:

The City Council may:

1. Adopt the Resolution Approving the Appeal and Denying the Project; or

2. Reject the proposed Resolution; or

3. Continue the matter to a future meeting of the City Council and provide further direction to staff.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

The approval of the appeal and denial of the Project does not meet the definition of a ‘project’ under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378.

IX. STEPS FOLLOWING APPROVAL:

N/A
Approved by: ______________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – City Council Appeal Resolution
ITEM 12

ITEM 12

ATTACHMENT A
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERES
APPROVING THE APPEAL OF PLANNING COMMISSION’S

APPROVAL OF CONDITIONAL USE PERMIT APPLICATION NUMBER
24-45 FOR THE TRUCK STOP GRUB HUB AND OUTDOOR MUSIC
VENUE LOCATED AT 1379 E. WHITMORE AVENUE, IN CERES
(APNS: 040-089-033, -034, -035)

THE CITY COUNCIL
City of Ceres
WHEREAS, an appeal of the Planning Commission of the City of Ceres decision on Conditional Use Permit 24-45 (“CUP 24-25”) for the Truck Stop Grub Hub and Outdoor music venue located at 1379 E. Whitmore Avenue, Ceres, CA (APNs 040-089-033, -034, -035.) was filed on July 24, 2025; and
WHEREAS, the appeal followed the Planning Commission ’s holding of a duly noticed public hearing on June 16, 2025, at 6:00 p.m. to consider Resolution PC 25-13 to approve CUP 24-45 allowing construction of the Truck Stop Grub Hub and Outdoor Music Venue; and
WHEREAS, the Planning Commission continued th at item to an undetermined future meeting due to concerns with interpretations of the City’s Mobile Food Vendor Ordinance; and
WHEREAS, the item returned to the Planning Commission on July 21, 2025, when the Planning Commission held a duly noticed public hearing and voted 3-1-1 (Johnson nay, Gill absent) to approve CUP 24-45; and
WHEREAS, Andres Sanches filed an appeal of the Planning Commission’s July 21st decision pursuant to Ceres Municipal Code 18.34.010, to deny the Planning Commission’s approval of CUP 24-45; and
WHEREAS, pursuant to section 18.30.140 of the Ceres Municipal Code, the City Council is authorized to hear and decide on the subject appeal, giving full consideration to the specific findings of the officer or commission appealed from and may affirm, reverse, or modify the action appealed as it deems just and equitable; and WHEREAS, the City Council held a duly noticed public hearing on September 8, 2025, to consider the appeal of the Planning Commission’s decision; and WHEREAS, the City Council, based on all Planning Commission findings and all evidence, testimony and public comments offered and presented at the public hearing , moved to approve the appeal and deny the project and provided direction to staff to draft the necessary documents to announce the City Council’s decision.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres as follows:

ITEM 12

ATTACHMENT A
4922-4432-6762, v. 4
Section 1. The recitals set forth above are true and correct and are hereby incorporated by reference.

Section 2. Based on the information presented in the staff report with attachments, and all related information presented to the City Council, the City Council hereby approves the appeal and denies the Planning Commission approval of the project and the approved Conditions of Approval based on the following findings:

3. The on-site consumption of alcohol will result in detrimental impacts to public health and safety due to increases to the potential for alcohol -related disturbances and impaired driving. The applicant has not demonstrated that such impacts could be sufficiently mitigated through reasonable conditions of approval.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 12

COUNCIL AGENDA REPORT

Ordinance No. 2025-XXX, An Ordinance of the City Council of the City of Ceres Amending Title 13 – Water and Sewer, Chapter 3 – Rates and Charges, Section 030 – Water Connection Fee, of the Ceres Municipal Code
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt an ordinance amending Title 13, Water and Sewer, of the Ceres Municipal Code to:

1. Add Sub-Section G to Section 13.03.030 “Fire Flow Charge” I. BACKGROUND:

The City’s existing water connection fees are designed to recover the proportional costs of providing potable water service for new developments or expansions of existing uses.

These fees are based on the size of the service connection and the estimated reasonable cost of providing domestic water service, as required by State law.

However, certain developments, particularly larger commercial, industrial, and institutional projects, often require water connections designed to provide higher fire flow capacities than a standard residential or small commercial connection. The City’s current fee structure does not distinguish between domestic water supply and the additional capacity required solely to meet increased fire flow demands. As a result, projects requiring larger meters for fire protection purposes are assessed connection charg es based on total meter size, even when the larger capacity is not intended for regular water use.

additional fire flow capacity—such as upsizing mains, storage, or pumping facilities—are distinct from the costs of normal domestic service.

To address this issue, staff recommends adoption of a separate Fire Flow Charge. This charge would apply only to the incremental increase in fire flow requirements above the standard service level (one -inch meter equivalent at 1,500 gallons per minute for two hours). Establishing a separate fire flow charge ensures that:

1. Developments are charged equitably based on actual use and demand.

2. The City recovers the costs associated with providing additional system capacity for fire protection.

The proposed code amendment to add subsection 13.03.030(G) provides the legal framework for implementing a Fire Flow Charge.

II. REASONS FOR RECOMMENDATION:

1. Equity in Charges – The current water connection fee structure does not distinguish between capacity needed for normal domestic service and additional capacity required exclusively for fire protection. A separate Fire Flow Charge ensures that customers are not overcharged for capacity they do not use for domestic purposes.

2. Cost Recovery – Providing additional fire flow often requires upsizing mains, pumps, or storage capacity beyond what is necessary for domestic use. A dedicated charge allows the City to recover these incremental costs directly from developments that create the additional demand.

3. Encourages Economic Development – Many commercial, industrial, and institutional projects require larger fire flow capacities. Under the current structure, these projects are assessed significantly higher connection fees, which may discourage investment.

A reduced, separate Fire Flow Charge removes this barrier by fairly allocating costs.

4. System Reliability and Safety – The funds collected through the Fire Flow Charge will be dedicated to improvements necessary to provide adequate fire flow, ensuring that the City maintains a reliable water system that supports both public safety and community growth.

III. FISCAL IMPACTS:

Fund collected from the Fire Flow charge will go directly to the water fund. There will be no fiscal impact to the General Fund.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

ITEM 13

V. POLICY ALTERNATIVES:

1. Reject the Ordinance

2. Modify the Ordinance
VI. INTERDEPARTMENTAL COORDINATION:

N/A.

VII. PUBLIC PARTICIPATION:

N/A.

VIII. ENVIRONMENTAL REVIEW:

CEQA is not required.

IX. STEPS FOLLOWING APPROVAL:

Second reading of ordinance will be on October 13, 2025.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Ordinance

2. Attachment B – Redline Municipal Code Changes

3. Attachment C – Public Hearing Notice

ITEM 13
ITEM 13

ATTACHMENT A
ORDINANCE NO. 2025-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING TITLE 13 – WATER AND SEWER, CHAPTER 3 – RATES AND CHARGES, SECTION 030 – WATER CONNECTION FEE, OF THE CERES MUNICIPAL CODE WHEREAS, Title 13, Sewer and Water, Chapter 3 Water Connection Fee set forth the provisions for fees when connecting to water within the City of Ceres; and WHEREAS, certain developments require larger water connections to satisfy fire flow demands, which results in higher connection fees under the current structure even though the additional capacity is not used for normal domestic water consumption; and WHEREAS, the City Council finds it necessary to distinguish between capacity needed for normal domestic service and capacity needed solely for fire protection, to ensure fairness and proportionality; and
WHEREAS, the establishment of a separate Fire Flow Charge will ensure that developments requiring increased fire flow capacity above the standard service level pay only for the incremental costs associated with providing such additional capacity; and WHEREAS, the City Council desires to amend Section 13.03.030 of the Ceres Municipal Code to authorize adoption of a Fire Flow Charge by resolution.

WHEREAS, notice of this Ordinance change was published such that sufficient notice was given to interested persons of the purpose of the ordinance and the subject matter thereof.

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

SECTION 1. Sub-Section G of Section 030, Water Connection Fee, of Chapter 3, Rates and Charges, of Title 13, Water and Sewer, shall be amended to read as follows:

13.03.030
G. Fire flow charge will be calculated for any extra fire flow required above the standard (one-inch meter) fire flow requirement of one thousand five hundred (1,500) gpm for two (2) hours. The fire flow charge will be based on the incremental increase in the fire flow requirements above the "standard" (one -inch meter). The incremental fire flow charge will be calculated as follows:

The fire flow charge shall be deposited to the water fund.

ITEM 13

ATTACHMENT A
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect 30 days from and after the date of its passage.

SECTION 3. SAVINGS. The provisions of this ordinance shall not affect any proceedings, suit or prosecution heretofore or hereafter commenced under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance shall be discharged or affected by the adoption of this ord inance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted or proceeded with in all respects as if this ordinance had not been adopted.

SECTION 4. PUBLICATION. This Ordinance shall be posted 10 days prior to the public hearing.

SECTION 5. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more se ctions, subsections, sentences, clauses or phrases be declared invalid.

SECTION 6. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a meeting of the Ceres City Council held on the 22nd day of September 2025, and passed and adopted as Ordinance No. 202 5-XXXX at a regular meeting of the City Council held on the 13th day of October 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________________
Javier Lopez, Mayor
ATTEST:
________________________________
Fallon Martin, City Clerk
APPROVED AS TO FORM:
_______________________________
Nubia I. Goldstein, City Attorney
ITEM 13

ATTACHMENT B

13.03.030 Water connection fee.

A. When the City installs a service connection or meter, the City shall collect the connection fees prescribed by resolution of the City Council from the applicant prior to the installation of service connections and meters, except for service under section 13.03.020.D, for temporary business water service. The installation of any service connection or meter which entails unusual conditions resulting in additional costs shall be installed on the basis of actual cost.

B. The water connection impact fee (public facility fees—water) shall not exceed the estimated reasonable cost of providing the water service. The fee shall be established by resolution by the City Council, which may be amended from time to time, in accordance with State law.

C. Any establishment of a new water connection or of an increase in an existing water connection fee shall adhere to the notice and hearing requirements established by State law.

D. In addition to the charges required herein, a water connection fee (public facility fee—water), as appropriate, shall be paid for any new connections or expansions of use as provided in the administrative procedures of the Ceres public facility fees.

The amount of the fee shall be set by resolution of the City Council.

E. The minimum connection fee outside the City limits shall be 1½ times the base fee in the City limits, except for public school district schools.

F. The purpose of the connection fee is to provide the City with funds to construct, or reimburse for the construction of major improvements, such as wells and water treatment facilities, to achieve the above stated goal. The funds may also be used to construct or reimburse for the construction of pipelines, if the purpose of the pipeline is to create a loop in the water system, and the pipeline extends through an area where no development is occurring or is part of the City's large diameter water distribution system as defined in the Ceres public facility fee program.

G. Fire flow charge will be calculated for any extra fire flow required above the standard (one-inch meter) fire flow requirement of one thousand five hundred (1,500) gpm for two (2) hours. The fire flow charge will be based on the incremental increase in the fire flow requirements above the "standard" (one -inch meter). The incremental fire flow charge will be calculated as follows:

The fire flow charge shall be deposited to the water fund.

ITEM 13
ITEM 13

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 September 22, 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 section 13.03.030, Water Connection Fee, of the Ceres Municipal Code.

The City’s existing water connection fees are designed to recover the proportional costs of providing potable water service for new developments or expansions of existing uses.

These fees are based on the size of the service connection and the estimated re asonable cost of providing domestic water service, as required by State law.

However, certain developments, particularly larger commercial, industrial, and institutional projects, often require water connections designed to provide higher fire flow capacities than a standard residential or small commercial connection. The City’s current fee structure does not distinguish between domestic water supply and the additional capacity required solely to meet increased fire flow demands. As a result, projects requiring larger meters for fire protection purposes are assessed connection charges based on total meter size, even when the larger capacity is not intended for regular water use.

This creates an inequity in the application of fees, as developments with higher fire protection requirements are charged as if the additional capacity were for ongoing domestic consumption. In practice, the incremental costs associated with providing addi tional fire flow capacity—such as upsizing mains, storage, or pumping facilities—are distinct from the costs of normal domestic service.

The Fire flow charge will be calculated for any extra fire flow required above the standard (one-inch meter) fire flow requirement of one thousand five hundred (1,500) gpm for two (2) hours. The fire flow charge will be based on the incremental increase in the fire flow requirements above the "standard" (one -inch meter). The incremental fire flow charge will be calculated as follows:

The fire flow charge shall be deposited to the water fund.

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 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 ITEM 13

ATTACHMENT C
public hearing.
/s/ Fallon Martin, City Clerk
Date Notice Posted: September 10, 2025
ITEM 13

COUNCIL AGENDA REPORT

Ordinance No. 2025-XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 15, Building and Construction, Chapter 8, California Fire Code, of the Ceres Municipal Code to Adopt the 2025 California Fire Code
RECOMMENDED COUNCIL ACTION:

Resolution approving an Ordinance repealing and replacing Chapter 8 of Title 15 of the Ceres Municipal Code amending the Fire Code to adopt the 2025 California Fire Code.

I. BACKGROUND:

The California Building Standards Commission (CBSC) adopted the California Fire Code in July 202 5. This code was designed and promulgated to be adopted by ordinance by local jurisdictions as an enforceable set of regulations for the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and from conditions hazardous to life or property in the occupancy of buildings and premises.

II. REASONS FOR RECOMMENDATION:

This code establishes the minimum fire and life safety requirements for the State of California and is automatically adopted by state law. It is reviewed and updated at an interval of every three years. In addition, each local jurisdiction must adopt rules and requirements for administering this code. The local jurisdiction may also adopt the amendments identified by said ordinance that are reasonably necessary as affected by local climatic, geological, or topographical conditions. Additionally, the adoption of the fire code will provide a more unified administration as it applies to inspection and plan check of construction projects in the City of Ceres. This code allows for the use of the latest technologies, materials and methods allowed by the State of California and the International Code Community.

ITEM 14
III. FISCAL IMPACTS:

No fiscal impact is anticipated.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

Council can choose not to approve the Ordinance and the Municipal Code will remain unchanged and out of alignment with California Fire Code.

VI. INTERDEPARTMENTAL COORDINATION:

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

VII. PUBLIC PARTICIPATION:

This is being presented to the public as the first of two (2) Public Hearings for adoption of the proposed amended ordinance.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

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

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Ordinance

2. Attachment B – Redline Municipal Code Changes

3. Attachment C – Public Hearing Notice
ITEM 14

ATTACHMENT A
{CW126823.1}
ORDINANCE NO. 2025-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING TITLE 15, BUILDING AND CONSTRUCTION, CHAPTER 8, CALIFORNIA FIRE CODE, OF THE CERES MUNICIPAL CODE TO ADOPT THE 2025 CALIFORNIA

FIRE CODE

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

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

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

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

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

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

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

SECTION 1. Chapter 8, California Fire Code, of Title 15, Buildings and Construction, of the Ceres Municipal Code shall be amended as follows:

CHAPTER 08 - CALIFORNIA FIRE CODE
Sections:

ITEM 14

ATTACHMENT A
{CW126823.1}

15.08.050 - Permit for Storage of Flammable and Combustible Liquids.

15.08.060 - Application.

15.08.070 - Compressed Gases.

15.08.080 - Cryogenic Fluids.

15.08.090 - Flammable and Combustible Liquids.

15.08.100 - Lumber Yards and Woodworking Plants.

15.08.110 - Violation Penalties.

15.08.120 - Vehicle Impact Protection.

15.08.130 - Fire Apparatus Access Roads.

15.08.140 - Hydrants for New Buildings or Facilities.

15.08.150 - Hydrant Location to FDC.

15.08.160 - Pallet Storage Yards.

15.08.170 - Incinerators.

15.08.180 - Portable Unvented Heaters.

15.08.190 - Open Burning, Recreational Fires and Portable Outdoor Fireplaces.

15.08.200 - Electrical Service Disconnect.

15.08.210 - Standpipes.

15.08.220 - Automatic Fire Sprinkler Systems.

15.08.230 - Fire Extinguishers.

15.08.240 - Combustible Vegetation.

15.08.250 - Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.

15.08.260 - Explosives and Fireworks.

15.08.270 - Fireworks Display.

15.08.280 - "Safe and Sane" Fireworks Sales.

15.08.290 - Access to Buildings.

15.08.300 - Premise Address.

15.08.310 - Fire Alarm.

15.08.320 - Spray Booth.

15.08.330 - False Alarm.

15.08.340 - Hazardous Materials.

15.08.350 - Cryogenic Liquids.

15.08.360 - Bulk Transfer Operations.

15.08.370 - Liquified Petroleum Gas.

15.08.380 - Fire Department Roadways.

15.08.390 - Findings for changes, modifications, and additions to the 2025 California Fire Code Part 9.

SECTION 1. Section 15.08.020, Adoption by reference of the California Fire Code, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

That certain document, one copy of which is on file in the Office of the City Clerk of the City of Ceres being marked and designated as "California Fire Code" hereafter designated as "CFC" part 9 of title 24 California Code of Regulations as published by the International Code Council, 2025 edition, including appendix chapter 4 and appendix B, ITEM 14

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BB, D, E, F, G, H, I, K, N, P and division 1 California Administration and division II Administration but deleting Sections 112.1 through 112.4 and adopting sections 104.1, 303, 305, 306, 307, 308.1.6.3, 309, 311, 321, 403.10.5, 503, 510.3, 805, 806, 807, 1103.2, 1106, and chapter 26 as published by the International Code Council, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said California Fire Code, 2025 edition, on file in the office of the City of Ceres Building Division is hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this chapter be and is adopted by reference as the Fire Code of the City of Ceres.

SECTION 2. Section 15.08.040, Enforcement, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

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

Section 103.1 of the 2025 California Fire Code is hereby amended to read as follows

Section 103.1 The MODESTO FIRE DEPARTMENT official in charge shall be known as the fire code official. The function of the agency shall be the implantation, administration and enforcement of the provisions of this code.

Section 103.3 of the CFC is hereby adopted in reference and added to read as follows:

Section 103.3 The Fire Chief, Division Chiefs, Fire Marshal, and members of the Fire Department conducting Prevention Bureau and/or Fire Investigation unit duties shall have the powers of a Police Officer in performing their duties under this Code.

SECTION 3. Section 15.08.050, Section 105.1.2 of the CFC amended; Types of Permits, of Chapter 8, California Fire Code , of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.050 - Permit for Storage of Flammable and Combustible Liquids

Section 105.5.18(3) of the CFC is amended as follows

To store, handle or use Class II, Class III -A and Class III -B liquids in excess of twenty-five (25) gallons in a building or in excess of fifty-five (55) gallons outside a building

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SECTION 4. Section 15.0 8.060, Section 105.2 of the CFC amended; Application, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

Section 15.08.060 - Application

SECTION 5. Section 15.0 8.070, Section 105.6.8 of the CFC amended; Compressed Gasses, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.070 - Compressed Gases.

Section 105.5.2 of the California Fire Code is hereby amended to read as follows:

Section 105.5.2 Compressed Gases. An operational permit is required for the storage, use, or handling at normal temperatures and pressures of compressed gases in excess of the amounts listed in Table 105.5.22, and to install any piped distribution system for compressed gases, or to install a non -flammable medical gas manifold system. When the compressed gases in use or storage exceed the amounts listed in Table 105.5.22, a permit is required to install , repair, abandon, remove, place temporarily out of serv ice, close or substantially modify a compressed gas system.

SECTION 6. Section 15.0 8.080, Section 105.6. 10 of the CFC amended; Cryogenic Fluids, of Chapter 8, California Fire Code , of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.080 - Cryogenic Fluids.

Section 105.5.11 of the California Fire Code is hereby amended to read as follows:

Section 105.5.11 Cryogenic Fluids. An operational permit is required to produce, store, transport onsite, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.5.11. A construction permit is required to install a cryogenic vessel or piping system for the storage or distribution of cryogens. See also Chapter 55.

Exception: Permits are not required where federal or state regulations apply and for fuel systems of a vehicle.

SECTION 7. Section 15.08.090, Section 105.6.16 of the CFC amended; Flammable and Combustible Liquids , of Chapter 8, California Fire Code , of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.090 - Flammable and Combustible Liquids.

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SECTION 8. Section 15.08.100, Section 105.6.25 of the CFC amended; Lumber Yards and Woodworking Plants, of Chapter 8, California Fire Code , of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.100 - Lumber Yards and Woodworking Plants.

SECTION 9. Section 15.08.110, Section 110.4 of the CFC amended; Violation Penalties, of Chapter 8, California Fire Code , of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.110 - Violation Penalties.

Section 113.4 of the 2025 California Fire Code, division II Administration is hereby amended to read as follows:

Section 113.4 Violations Penalties. People who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Chief, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by fine of not more one hundred thirty dollars ($130.00) for the first conviction, a fine not exceeding seven hundred dollars ($700.00) dollars for a second conviction within a one year period, and a fine of one thousand three hundred dollars ($1,300) for a third conviction within a one year period. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

SECTION 10. Section 15.08.120, Section 312.2 of the CFC amended; Vehicle Impact Protection, of Chapter 8, California Fire Code , of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.120 - Vehicle Impact Protection.

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

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

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

2.Spaced not more than three (3) feet between posts on center,

3.Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter,

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4.Set with the top of the posts not less than three (3) feet above ground, and

5.Located not less than five (5) feet from the tank.

SECTION 11. Section 15.0 8.130, Section 503 of the CFC amended; Fire Apparatus Access Roads, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.130 - Fire Apparatus Access Roads.

Section 503.2.3 of the California Fire Code is hereby amended by adding:

All weather shall be concrete or asphalt only.

SECTION 12. Section 15.08.140, Section 507.5.1 of the CFC amended; Where Required, of Chapter 8, California Fire Code , of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.140 - Hydrants for New Buildings or Facilities.

Section 507.5 of the 2025 California Fire Code is hereby amended to read as follows:

Fire hydrant systems. Fire hydrant systems shall comply with section 507.5.1 through 507.5.6 and Appendix C or by an approved method. Fire hydrants shall be located on the supply side of the fire suppression system check valve and accessible from the apparatus roads in compliance with Section 503.1 and Appendix D. Fire hydrants shall not be on the fire pump supply system unless supplied municipal pressures are in adequate for fire flow requirements. The fire code official may require a looped underground fire service for large projects when deemed necessary.

Section 507.5.1 of the 2025 California Fire Code is hereby amended to read as follows:

Where required. When a portion of the facility or building here after constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided where required by the fire code official.

Exception: For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 500 feet.

Section 507.5.1.1 of the 2025 California Fire Code is hereby amended to read as follows:

Hydrants for Standpipe systems. Buildings equipped with a standpipe system ITEM 14

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installed in accordance with section 903 shall have a fire hydrant within 75 feet of the fire department connection.

Exception: DELETED

Section 507.5.1.2 of the 2025 California Fire Code is hereby added to read as follows:

Spacing. Fire hydrants shall be spaced nominally every 500 liner feet in residential areas and 300 liner feet in commercial or industrial areas and shall comply with city building standards. Divided streets shall have hydrants on both sides of the street and shall, where applicable, be installed in alternative or staggered positions so that hydrants will not be directly opposite from each other.

SECTION 13. Section 15.0 8.150, Section 507.5.7 of the CFC amended; Hydrants, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.150 - Hydrant Location to FDC

Section 912.8 of the 2025 California Fire Code is amended by adding:

A fire hydrant shall be located within 75’ of all required fire department connections (FDC). Fire department connections and hydrants shall be installed to prevent the FDC from pressurizing any hydrants

SECTION 14. Section 15.0 8.160, Section 507.5. 8 of the CFC amended; Hydrant Identification, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.160 - Pallet Storage Yards

Section 1106.2 of the California Fire Code is hereby added to read as follows:

Pallet Storage, Manufacturing and/or Recycling Facilities shall be maintained in accordance with Section 2810 of the California Fire Code.

SECTION 15. Section 15.08.170, Section 603.8 of the CFC amended; Incinerators, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.170 - Incinerators.

Section 605.7 of the 2025 California Fire Code is hereby amended to the following:

Incinerators. The use of incinerators is prohibited inside the city.

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

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SECTION 16. Section 15.0 8.180, Section 603.8 .1 of the CFC deleted; Residential Incinerators, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.180 - Portable Unvented Heaters

Section 4103.1 of the 2025 California Fire Code is hereby amended to read as follows:

Portable unvented fuel-fired heating equipment which produces carbon monoxide (CO) shall be prohibited in any occupancy or building.

Exception: Buildings or structures under construction as outlined in chapter 33 of the 2025 California Fire Code.

SECTION 17. Section 15.08.190, Section 603.8.2 of the CFC deleted; Spark Arrestor, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.190 - Open Burning, Recreational Fires and Portable Outdoor Fireplaces

Section 307.1-307.5 of the 2025 California Fire Code is hereby amended by adding the following:

307.1 No person shall kindle, conduct, or maintain any burning of grass, weeds, agricultural trimmings, or other combustibles or authorize any such fire to be kindled, conducted, or maintained without a permit as required by the San Joaquin Valley Unified Air Po llution Control District and compliance with all safeguards pursuant thereto. Any such permitted burning shall be restricted to agricultural purposes and confined to areas in the city limits in which agricultural uses are lawful or as regulated or prohibited by other municipal codes.

307.4.1 Deleted

307.4.2 Shall be prohibited except for religious ceremonies and shall comply with other regulation or prohibitions of other city municipal codes or uses. Permit required.

307.4.3 Add shall comply with other regulation or prohibitions of other city municipal codes or uses.

307.5 Open burning or use of portable outdoor fireplaces as used at one and two- family dwellings shall be constantly attended until the fire extinguished. Not fewer than one portable fire extinguisher complying with section 906 with a 4A minimum rating and a water hose, water truck or medium of dirt/sand shall be immediately available.

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SECTION 18. Section 15.08.200, Section 603.8.3 of the CFC deleted; Restrictions, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.200 - Electrical Service Disconnect

Section 603.4.1 of the CFC is amended by adding:

The main electrical service to any commercial building must be accessible for emergency shut-off from the outside of the building. This may be accomplished by providing a (one) main disconnect or a shunt trip device. If a generator system activates automatically when the shunt trip or main disconnect is shut down, a control to stop the generator must be located with the main disconnect or shunt trip. Photovoltaic (PV) power disconnects shall be located with the main electrical disconnect. Shunt trips or main disconnects, PV and generator controls shall be identified by signs approved by the Fire Chief . All disconnects shall not be separated by obstruction or fences. Exception: Electrical control room with a marked door that is accessible from the outside of the building.

SECTION 19. Section 15.08.210, Section 603.8.4 of the CFC deleted; Time of Burning, of Chapter 8, California Fire Code , of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.210 - Standpipes

Section 905.3.1 of the 2025 California Fire Code is amended to read as follows:

Occupancies three or more stories in height shall be provided with a Class 1 standpipe system approved by the Fire Chief. (Except Group R-3 and R-3.1)

Garden type apartment complexes may be required to install Class 1 standpipe systems approved by the Fire Chief.

SECTION 20. Section 15.08.220, Section 903.2 of the CFC amended; Automatic Fire Sprinkler Systems , of Chapter 8, California Fire Code , of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.220 - Automatic Fire Sprinkler Systems.

Section 903.7 of the California Fire Code is hereby amended to read as follows:

1. An approved automatic fire sprinkler system is required in all new buildings and structures constructed on or after the effective date of this ordinance, notwithstanding the use and occupancy thereof, when any fire area, as defined in the California Fire Code exceeds five thousand (5,000) square feet.

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a. Fire area calculations shall include all floors, mezzanine, basements and any attached projections greater than four (4) feet. b. Structures which are within six (6’) feet of each other as measured from the outside walls, or any projection therefrom, or are attached by a breezeway or a covered walkway, the measured floor area of each shall be aggregated.
c. Buildings three (3) stories or more, irrespective of height; including basements, cellars and or mezzanines.
d. Any Group A occupancy as defined in the California Building Code or modified for Group A use.
e. CFC 901.4.4 may not be exercised to add fire walls to avoid the installation of fire sprinklers in new buildings or to existing buildings during remodel/ addition.

2. Condominium /apartment buildings up to 4 stories may be approved with NFPA 13R fire sprinkler systems with full attic protection. Attic protection shall consist of quick -response sprinklers spaced throughout the attic in accordance with NFPA 13. Attic hydr aulic calculations shall be based on flowing a minimum four sprinklers. Piping in the attic shall be listed steel piping. Listed CPVC piping may be utilized under attic insulation with special application sprinklers installed in accordance with their listi ng and the manufacturer’s guidelines.

3. The sprinklers are to have interior warning devices approved by the Fire Chief.

4. Existing buildings and structures shall have approved automatic fire sprinklers installed when any of the following exist:

a. When doing a remodel or addition the value of additions, alterations or repairs that exceed fifty (50) percent of the current county assessed valuation for improvements only in the existing building or structure that exceeds five thousand (5,000) square fe et.
b. The remodel or addition cause the building to exceed five thousand (5,000) square feet as outlined in this code above.

5. Nothing in this subsection is intended to provide a lesser degree of protection than that required in the presently adopted version of the California Building Code or provide for a waiver of its provisions unless such provision of this subsection provides for sprinkler protection in an area or areas not required in the building.

SECTION 21. Section 15.08.230, Section 90 6.9.1 of the CFC amended; Extinguishers Weighing 40 Pounds or Less , of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

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15.08.230 - Fire Extinguishers

Section 309 of the CFC is amended by adding Section 309.5.1 to read:

Forklifts. All LPG or natural gas driven equipment which operate inside shall have a minimum 1A:10BC fire extinguisher mounted to the equipment and shall comply with Section 906

Section 3504.2.6 of the CFC is amended to read as follows:

Not less than one portable fire extinguisher complying with section 906 and with a minimum 2-A:20BC rating shall be provided with ready access within 30 feet of the location where the hot works is being performed and without climbing stairs.

SECTION 2 2. Section 15.08.2 40, Section 5001.5.2 of the CFC amended; Hazardous Materials Inventory Statement, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.240 - Combustible Vegetation.

Section 304.1.3 of the 2025 California Fire Code is hereby amended by adding the following:

Vegetation abatement shall comply with the city municipal codes. The city may recover from the property owner those costs associated with the suppression costs incurred in fighting a fire and for providing rescue or emergency medical services should a fire occur on said property after the owner has been notified to abate such public nuisance and has failed to do so.

SECTION 23. Section 15.08.250, Section 5003.3.1.4 of the CFC amended; Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs , of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.250 - Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.

Section 5003.3.1.5 of the 2025 California Fire Code is hereby added to read as follows:

Section 5003.3.1.5. Responsibility for Cleanup. The person, firm or corporation responsible for an unauthorized discharge shall initiate and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Fire Chief, cleanup can be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. The remedy provided by ITEM 14

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this section shall be in addition to any other remedies provided by law.

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

SECTION 2 4. Section 15.08.2 60, Section 5601.1 of the CFC amended; Scope, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.260 - Explosives and Fireworks.

Section 5605.1.1 of the CFC shall be amended to read:

Manufacturing. Explosive materials and fireworks shall not be manufactured within the city limits of Ceres.

SECTION 25. Section 15.08.270, Section 5608.2 of the CFC added; Fireworks Display, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.270 - Fireworks Display.

SECTION 26. Section 15.08.280, Section 5608.3 of the CFC added; “Safe and Sane” Fireworks Sales , of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.280 - "Safe and Sane" Fireworks Sales.

Section 5608.3 of the California Fire Code is hereby added to read as follows:

Section 5608.3 Storage of Safe and Sane Fireworks.

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

B. Wholesalers may store safe and sane fireworks within the City of Ceres solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with NFPA 1124 adopted 2006 or as approved by the Fire Chief. An operational permit as outlined in CFC 105.5.16 is required before storage will be authorized.

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SECTION 27. Section 15.08.290, Findings for changes, modification, and additions to the 2019 California Fire Code Part 9, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.08.290 - Access to Buildings

Section 504.1 of the CFC is amended by adding:

For commercial projects the clear walkway shall have the minimum following: 32 - inch gate in fences and a 36 -inch clear path. The clear path may be grass, soil or solid surface.

Section 506.3 of the CFC is amended by adding:

All commercial projects (new, remodel, addition and change of occupancy, or occupancy inspection) in the City may be required to provide a Knox Box (key box).

A Knox Box capable of containing Material Data Safety Sheets (MSDS) sheets and Hazardous Material s plans will be required at commercial sites with significant amounts of hazardous materials. The Fire Chief may require additional Knox Boxes and padlocks to large buildings or projects.

SECTION 28. Section 15.08.300, Premise Address, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be added to read as follows:

15.08.300 Premise Address

Section 505.1 of the CFC is amended by adding:

Residential numbers shall be illuminated from dusk to dawn.

Section 505.1 of the CFC is amended by adding 505.1.1:

New commercial buildings, commercial buildings undergoing occupancy change and commercial buildings undergoing renovation shall have a minimum of 6 inch Arabic numerals or alphabet letters indicating the building’s street address. The numerals and letters are to have a 3/4 inch stroke and contrast with their background. The address shall be internally or externally illuminated from dusk until dawn. The address shall face the street or road fronting the property. Buildings which set back from the road or street over 100 feet may be required to have larger numerals/letters as required by the Fire Chief. Rear addresses may be required due to property configuration.

SECTION 29. Section 15.08.310, Fire Alarm, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be added to read as follows:

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15.08.310 Fire Alarm

Section 907.1.6 of the 2025 California Fire Code is hereby amended by adding the following:
a. All new fire alarm/ monitoring systems shall be UL certified for which permits are required, on or after 1/1/2020.

b. Any existing fire alarm system in a commercial occupancy wherein the fire alarm control panel and alarm system components require replacement, shall be considered newly installed for the purposes of this section and shall require the system to be UL certified on or after 1/1/2026.

c. When UL certification is required by this code, it shall be maintained for commercial fire alarm/monitoring systems throughout the life of the alarmed/monitored building.

d. Central Station Service in accordance with NFPA 72 is required on all fire alarm/ monitoring systems, existing or new.

Exception. Supervisory service is not required for:

Automatic sprinkler systems in one and two-family dwellings.

SECTION 30. Section 15.08.320, Spray Booth, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be added to read as follows:

15.08.320 Spray Booth

Section 2402 of the 2025 California Fire Code is hereby amended by adding:

2402.2 Spray booth is a listed mechanically ventilated appliance of varying dimensions and construction provided to enclose or accommodate a spraying operation and to confine and limit the escape of spray vapor and residue and to exhaust it safely.

Section 2401.1 of the 2025 California Fire Code is hereby amended by adding:

6. Flammable spraying, combustible spraying, bedliner spraying and powder coating operations shall be conducted in a listed spray booth. Existing operations to be upgraded at change of occupancy

SECTION 31. Section 15.08.330, False Alarm, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be added to read as follows:

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15.08.330 False Alarm

Section 907.1.6 of the CFC is hereby added to read as follows:

It shall be unlawful for a person to give, signal or transmit a false fire alarm. The City Council may adopt by resolution reasonable fees to recover the costs associated with responses to buildings or similar structures that have excessive false fire alarms. Excessive false alarms shall be defined as more than three (3) false alarms in twelve (12) consecutive months.

SECTION 32. Section 15.08.340, Hazardous Material Definition, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be added to read as follows:

15.08.340 Hazardous Material Definition

Section 5001.2 of the CFC, the definition of “Hazardous Materials,” is hereby amended to read as follows:

Definition: Hazardous materials . are those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 50, or as defined in the California Health and Safety Code, Division 20, Chapter 6.95, commencing with Section 25500, whether the materials are in useable or waste condition.

NFPA 704 placards shall be required on all commercial buildings/structures with hazardous materials as required by the Fire Chief.

SECTION 33. Section 15.08.350, Prohibited Storage of Flammable Cryogenic Fluids, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be added to read as follows:

15.08.350 Prohibited Storage of Flammable Cryogenic Fluids

Section 5504.3.1.1.3 of the 2025 California Fire Code is adopted by reference, in addition to the following:

Location. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law (table 5504.3.1.1). All R- 1, R-2 and R-3 zoning designations as identified in the municipal code.

Section 5704.2.9.5 of the CFC is amended by adding the following:

The storage of Class I, II, and III A/B flammable and combustible liquids in aboveground tanks inside of buildings shall be in an approved double walled/protected tank. The tank shall be approved by the Fire Chief and installed per the CFC/NFPA.

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(b) Section 5704.2.9.6.1 of the CFC is amended by adding the following:

The storage of Class I, II and III A/B flammable and combustible liquids in aboveground tanks outside a building is prohibited. Exception: Protected/ double walled aboveground tanks shall be approved by the Fire Chief. Aboveground tanks shall be installed per the CFC/NFPA.

Section 5705.3.3 of the CFC is hereby amended to read as follows:

Heating, lighting or cooking appliances which utilize Class I,II or III liquids shall not be operated within a building or structure within the city limits.

Section 5706.5.1.1 is hereby amended to read as follows:

Tank Vehicles delivering to or receiving from flammable and combustible liquid tanks shall stand entirely on private property. Dispensing into any Tank Truck cargo tank with service station dispensing facilities is prohibited.

SECTION 34. Section 15.08.360, Bulk Transfer Operations, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be added to read as follows:

Section 5706.5 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Bulk Transfer and Process Transfer Operations. Bulk transfer and process transfer operations shall be in approved locations. Tank cars shall be unloaded only on private sidings or railroad siding facilities equipped for transferring flammable or combustibl e liquids. Tank vehicle and tank car transfer facilities shall be separated from buildings, aboveground tanks, combustible materials, property lines, streets, alleys or public ways by a distance of twenty (25) feet (7620 mm) for Class I liquids and fifteen (15) feet (4572 mm) for Class II and III liquids measured from the nearest position of any loading or unloading valve.

Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Unless otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than twenty -four (24) hours while connected for transfer operations.

SECTION 35. Section 15.08.370, Liquified Petroleum Gas, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be added to read as follows:

Section 6101.2 of the 2025 California Fire Code is hereby amended to read as follows:

Permits shall be required as set forth in Sections 105.6 and 105.7.

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EXCEPTION:

1. Containers not exceeding a five (5) gallon water capacity, used for "barbecue" cooking, when used and stored outside of buildings.

2. Approved containers not exceeding 16.4 ounces when displayed for sale in mercantile occupancies.

3. Factory-installed containers for recreational vehicles not exceeding ten- gallon water capacity.

4. Factory-installed tanks that are permanently attached to recreational vehicles.

Distributors shall not fill an LP-gas container for which a permit is required unless the Fire Code Official has issued a permit for installation for that location.

Section 6103.1.1 of the California Fire Code is herby add to read as follows:

Prohibited. LP -gas installations pertinent to systems are not permitted in any residential (R) zones regardless of water capacity.

Section 6104.2 of the California Fire Code is amended to read as follows:

Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed 2,000 gallon water capacity.

The storage of liquefied petroleum gases is restricted to those areas of the City zoned Commercial-Industrial zone; M-1 and M-2 Industrial zones and in addition thereto to properties used as Automotive Service Stations located in the areas of the City zoned for commercial use.

Whenever the Fire Chief, in his discretion, determines the storage of liquefied petroleum gases is necessary in other areas, the aggregate capacity of any such installation shall not exceed 2,000 gallon water capacity, except that in particular installations this capacity limit may be altered at the discretion of the Fire Chief, after consideration of special features such as topographical condition, nature of occupancy and proximity of buildings, capacity of proposed tanks, degree of private fire protection to be provided and facilities of the local Fire Department. The storage of liquefied petroleum gas shall conform to the provisions of the local zoning ordinance.

SECTION 36. Section 15.08.380, Appendix D, of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be added to read as follows:

ITEM 14

ATTACHMENT A
{CW126823.1}

15.08.380 APPENDIX D

Appendix D Section D101.1 is amended by adding:

Appendix D shall only be enforced on private roadways, property and streets not public roadways.

Appendix D Section D103.5(1) of the CFC is amended by adding:

Where a fire apparatus road consists of a divided roadway, the gate width shall not be less than 15 feet.

Appendix D Section D103.5(6) of the CFC is amended by adding:

Manual opening access gates may not be locked with a chain and padlock unless a Knox padlock is installed in the chain. Dual keyed access for the Police Department shall be required.

Appendix D Section D103.5(5) of the CFC is amended by adding:

Electric gates shall be operable by means of a Knox key switch accessible by both police and fire. Electric gates at housing complexes, gated communities or rental storage facilities shall also be dual equipped with Opticom strobe light system or as requi red by the Fire Chief. All Gate shall automatically open upon power failure.

SECTION 37. Section 15.08.390, Findings for changes, modifications, and additions to the 2025 California Fire Code Part 9 , of Chapter 8, California Fire Code, of Title 15, Buildings and Construction, shall be added to read as follows:

15.08.390 Findings for changes, modifications, and additions to the 2025 California Fire Code Part 9.

Pursuant to California Health and Safety Code sections 17958.5, 17958.7 and 18941.5, the City of Ceres hereby expressly finds that all of the changes and modifications to the 2025 California Building Standard Code made by this title and which are not merel y administrative changes, are reasonably necessary because of local climatic, geological or topographical condition within the City of Ceres as more particularly described in the table set forth below.

ATTACHMENT A
{CW126823.1}
Finding(s)
Application
Condition Findings
Code part 9 b. Tracks run parallel to Highway 99 through the City, restricting response at locations where
overpasses are not provided
CCR California
Fire
Code part 9
Topographical Turlock Irrigation District canal restricts access to Neighborhood developments. Mitchell Rd. from
Faith Home Rd. to Hwy 99 at Mitchell Rd.

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

SECTION 38. FINDINGS AND DECLARATION. As required by the 2025 California Fire Code, Section 101.1 the Council of the City of Ceres finds and declares that the foregoing additions, modifications and changes to the regulations adopted pursuant to the 2023 California Fire Code are reasonably necessary because of local climate and geographic conditions. The ordinance also prescribes local procedures to be used in the administration and enforcement of this Code; provides for local interpretations of this Code and makes other changes in this Code consistent with local custom and practices as reflected in the prior local Fire Code.

SECTION 39. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 4 0. SAVINGS. The provisions of this ordinance shall not affect any proceedings, suit or prosecution heretofore or hereafter commenced under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance shall be discharged or affected by the a doption of this or dinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted or proceeded with in all respects as if this ordinance had not been adopted.

SECTION 41. PUBLICATION. Two successive publications noticing the public hearing, with at least five days intervening between the respective publication dates in a newspaper of general circulation following the first reading (Gov’t Code § 50022.3 and § 6066) .

ITEM 14

ATTACHMENT A
{CW126823.1}
SECTION 42. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA appl ies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

SECTION 43. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 44. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL . This Ordinance was introduced at a regular meeting of the City Council held on the 22nd day of September 2025, and passed and adopted as Ordinance No. 2025-XXXX at a regular meeting of the City Council held on the 13th day of October 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney
ITEM 14

ATTACHMENT B
CHAPTER 08 - CALIFORNIA FIRE CODE Amended

15.08.010 - Title.

15.08.020 - Adoption by reference of the California Fire Code.

15.08.030 - Administration.

15.08.040 - Enforcement.

15.08.050 - Section 105.1.2 105.5.18(3) of the CFC amended; Types of Permits. Permit for Storage of Flammable and Combustible Liquids

15.08.060 - Section 105.2 of the CFC amended; Application.

15.08.070 - Section 105.6.8 of the CFC amended; Compressed Gases.

15.08.080 - Section 105.6.10 of the CFC amended; Cryogenic Fluids.

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

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

15.08.110 - Section 110.4 of the CFC amended; Violation Penalties.

15.08.120 - Section 312.2 of the CFC amended; Vehicle Impact Protection.

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

15.08.140 - Section 507.5.1 of the CFC amended; Where Required Hydrants for New Buildings or Facilities.

15.08.150 - Section 507.5.7 of the CFC added; Hydrants. Hydrant Location to FDC

15.08.160 - Section 507.5.8 of the CFC added; Hydrant Identification.

Pallet Storage Yards

15.08.170 - Section 603.8 of the CFC amended; Incinerators.

15.08.180 - Section 603.8.1 of the CFC deleted; Residential Incinerators. Amended Portable Unvented Heaters

15.08.190 - Section 603.8.2 of the CFC deleted; Spark Arrestor. Amended Open Burning, Recreational Fires and Portable Outdoor Fireplaces

15.08.200 - Section 603.8.3 of the CFC deleted; Restrictions. Amended Electrical Service Disconnect

15.08.210 - Section 603.8.4 of the CFC deleted; Time of Burning.

Standpipes
ITEM 14

ATTACHMENT B

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

15.08.230 - Section 906.9.1 of the CFC amended; Extinguishers Weighing 40 Pounds or Less. Fire Extinguishers.

15.08.240 - Section 5001.5.2 of the CFC amended; Hazardous Materials Inventory Statement. Amended Combustible Vegetation.

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

15.08.260 - Section 5601.1 of the CFC amended; Scope Explosives and Fireworks.

15.08.270 - Section 5608.2 of the CFC added; Fireworks Display.

15.08.280 - Section 5608.3 of the CFC added; "Safe and Sane" Fireworks Sales.

15.08.290 - Findings for changes, modifications, and additions to the 2019 California Fire Code Part 9.

Access to Buildings.

15.08.300 – Premise Address

15.08.310 - Fire Alarm.

15.08.320 – Spray Booth.

15.08.330 – False Alarm.

15.08.340 – Hazardous Materials.

15.08.350 – Cryogenic Liquids.

15.08.360 – Bulk Transfer Operations.

15.08.370 – Liquified Petroleum Gas.

15.08.380 – Fire Department Roadways.

15.08.390 – Findings for changes, modifications, and additions to the 2025 California Fire Code Part 9.

ITEM 14

ATTACHMENT B
CHAPTER 08 - CALIFORNIA FIRE CODE
Amended by Ordinance No. 2024-1082

15.08.010 - Title.

This chapter shall be known and cited as the "Ceres Fire Code" and may hereinafter be referred to as "Ceres Fire Code." Chapter, division, part, section, subsection, and appendix numbers used in sections

15.08.010 through 15.08.209 are those of the California Fire Code or codes adopted therein by reference.
(Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.020 - Adoption by reference of the California Fire Code.

Amended by Ordinance No. 2023-1076
That certain document, one copy of which is on file in the Office of the City Clerk of the City of Ceres being marked and designated as "California Fire Code" hereafter designated as "CFC" part 9 of title 24 California Code of Regulations as published by the International Code Council, 20192025 edition, including appendix chapter 4 and appendix B, BB, D, E, F, G, H, I, K, N, O P and division 1 California Administration and division II Administration but deleting Sections 112.1 through 112.4 and adopting sections 104.1, 303, 305, 306, 307, 308.1.6.3, 309, 311, 321, 403.10.5, 503, 510.3, 805, 806, 807, 1103.2, 1106, and chapter 26 as published by the International Code Council, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said California Fire Code, 20192025 edition, on file in the office of the City of Ceres Building Division is hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this chapter be and is adopted by reference as the Fire Code of the City of Ceres. (Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.030 - Administration.

This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.
(Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.040 - Enforcement.

ITEM 14

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

Section 103.1 of the 2025 California Fire Code is hereby amended to read as follows Section 103.1 The MODESTO FIRE DEPARTMENT official in charge shall be known as the fire code official.

The function of the agency shall be the implantation, administration and enforcement of the provisions of this code.

Section 103.3 of the CFC is hereby adopted in reference and added to read as follows:

15.08.050 - Section 105.1.2 of the CFC amended; Types of Permits. Permit for Storage of Flammable and Combustible Liquids
Amended by Ordinance No. 2023-1076
Section 105.1.2 of the California Fire Code is hereby amended to read as follows:

Section 105.1.2 Types of Permits. Permits required by this Code, see section 105.1.1 through 105.7.25, shall be issued by the fire code official. Permit fees, if any, adopted by the Council of the City of Ceres by Resolution from time to time, affixing a fee for any permit issued pursuant to the Fire Code.

Section 105.5.18(3) of the CFC is amended as follows
To store, handle or use Class II, Class III-A and Class III-B liquids in excess of twenty-five (25) gallons in a building or in excess of fifty-five (55) gallons outside a building (Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.060 - Section 105.2 of the CFC amended; Application.

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

Section 105.2 Application for a permit required by this Code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for permits shall be accompanied by such plans prescribed by the fire code official and applicable fees established by resolution by the Ceres City Council.
(Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.070 - Section 105.6.8 of the CFC amended; Compressed Gases.

ITEM 14

ATTACHMENT B
Section 105.6.8105.5.2 of the California Fire Code is hereby amended to read as follows:

Section 105.6.8105.5.2 Compressed Gases. An operational permit is required for the storage, use, or handling at normal temperatures and pressures of compressed gases in excess of the amounts listed in Table105.6.8105.5.22, and to install any piped distribution system for compressed gases, or to install a non-flammable medical gas manifold system. When the compressed gases in use or storage exceed the amounts listed in Table 105.6.8105.5.22, a permit is required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system.
(Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.080 - Section 105.6.10 of the CFC amended; Cryogenic Fluids.

Section 105.6.10105.5.11 of the California Fire Code is hereby amended to read as follows:

Section 105.6.10105.5.11 Cryogenic Fluids. An operational permit is required to produce, store, transport onsite, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10105.5.11. A construction permit is required to install a cryogenic vessel or piping system for the storage or distribution of cryogens. See also Chapter 55.

Exception: Permits are not required where federal or state regulations apply and for fuel systems of a vehicle.
(Ord. No. 2020-1058, § 1, 3-23-2020)

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

Section 105.6.16 of the California Fire Code is hereby amended to add the following:

To store, handle or use class III-B liquids with a flashpoint of less than 500 degrees F., in excess of 110 gallons.

To install, alter, remove, test, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank.
(Ord. No. 2020-1058, § 1, 3-23-2020)

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

Section 105.6.25 of the California Fire Code is hereby amended to read as follows:

Section 105.6.25 Lumber Yards and Woodworking Plants. An operational permit is required to operate any woodworking plant. See Chapter 28.
(Ord. No. 2020-1058, § 1, 3-23-2020)
ITEM 14

ATTACHMENT B

15.08.110 - Section 110.4 of the CFC amended; Violation Penalties.

Amended by Ordinance No. 2023-1076
Section 110.4113.4 of the 20192025 California Fire Code, division II Administration is hereby amended to read as follows:

Section 110.4113.4 Violations Penalties. People who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Chief, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by fine of not more one hundred thirty dollars ($130.00) for the first conviction, a fine not exceeding seven hundred dollars ($700.00) dollars for a second conviction within a one year period, and a fine of one thousand three hundred dollars ($1,300) for a third conviction within a one year period. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.120 - Section 312.2 of the CFC amended; Vehicle Impact Protection.

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

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

2.Spaced not more than four (4)three (3) feet between posts on center,

3.Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter,

4.Set with the top of the posts not less than three (3) feet above ground, and

5.Located not less than five (5) feet from the tank.
(Ord. No. 2020-1058, § 1, 3-23-2020)

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

Amended by Ordinance No. 2023-1076
Section 503.2.3 of the California Fire Code is hereby amended by adding:

All weather shall be concrete or asphalt only.

ITEM 14

ATTACHMENT B
Section 503.5 of the California Fire Code is hereby amended to read as follows:

Section 503.5 Closure of Accessway. The Fire Prevention Bureau is authorized to require the installation and maintenance of gates or other approved barricades across roads, trails or other access ways, not including public streets, alleys or highways.

Section 503.5.1 of the California Fire Code is hereby amended to read as follows:

Section 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Locks, gates, doors, barricades, chains, enclosures, signs, tags or seals which have been installed by the Fire Prevention Bureau or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner.

Exception: The restriction on use shall not apply to public officers acting within the scope of their duty.

Section 503.5.2 of the California Fire Code is unchanged and remains as adopted.

Section 503.5.3 is added to the California Fire Code and reads as follows:

Section 503.5.3 Control of and Obstruction of Fire Apparatus Access. The required width of a fire apparatus road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established by Section 503.2.1 shall be maintained at all times.

Entrances to roads, trails or other access ways that have been closed with gates and barriers in accordance with Section 503.5.1 shall not be obstructed by parked vehicles.

Section 503.6 of the California Fire Code is hereby amended to read as follows:

Section 503.6 Security Gates. The installation of security gates across from fire apparatus access roads shall be approved by the Fire Chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation system shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325 and ASTM 2200.

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

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

1.Site plan drawn to scale with the following:
a.Property lines.
b.Building footprint(s).

ITEM 14

ATTACHMENT B
c.Proposed fence, pedestrian gate(s), vehicular gate(s). d.Non-motorized gates shall include a Knox Key Switch/Knox Box and the proposed location.
e.Motorized gate systems shall include a "Puck" system with a wire loop in the ground. f.Physical address.
g.California contractor's license number, company name, address, and telephone number.

2.Product specifications shall be provided which include:
a.Method of operation.

Section 503.6.2 is added to the California Fire Code and reads as follows:

Section 503.6.2 Unguarded gates.

1.If the vehicle gate is for one-way traffic, the gate width must be a minimum of twelve feet. If the vehicle access gate is for two-way traffic, the gate width must be a minimum of 20 feet in width. A Knox Key Switch must be installed on the "Entrance" and "Exit" side of each gate.

2.The Knox switch on the "Exit" side of each gate can be eliminated if the gate has a "free exit." A "free exit" is a sensor pad in the asphalt that senses the vehicle and automatically opens the gate. If you do not have a "free exit", you shall install a Knox switch on the "exit" side of the gate.

3.You may install one Knox switch on a vehicle access gate provided that the switch is "easily" accessible from both the "exit" and the "entrance" side of the gate. The switch must also be mounted in a location that will not cause harm to the firefighters. Please contact the Ceres Fire Department to verify that the location is acceptable prior to installation.

4.You shall install a minimum of one pedestrian walk-thru gate per the complex.

5.All pedestrian walk-thru gates shall swing in the direction of exit travel.

6.The locking hardware on all pedestrian walk-thru gates shall have self-releasing hardware. The hardware must have either a doorknob or a door handle. Thumb operated deadbolts, double-keyed deadbolts, or combination keypads are not acceptable.

7.When pedestrian walk-thru gates are installed more than ten (10) feet from any vehicle access gate, a Knox Box in required within eighteen (18) inches of the pedestrian walk-thru gate opening.

Section 503.6.3 is added to the California Fire Code and reads as follows:

Section 503.6.3 Definitions.

ITEM 14

ATTACHMENT B

1."Pedestrian gate" means a gate used exclusively for pedestrian ingress and egress.

2."Vehicular gate" means a gate for vehicle ingress and egress.

3."Residential properties" include single- and multi-family dwellings, such as apartments and condominiums.

4."Gated community development" means a community that may consist of single- or multi-family dwellings, or other accessory uses, that are enclosed within a geographical area by restrictive gates.
(Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.140 - Section 507.5.1 of the CFC amended; Where Required Hydrants for New Buildings or Facilities.

Section 507.5.1 of the California Fire Code is hereby amended to read as follows:

Section 507.5.1 Distribution of Fire Hydrants. Fire hydrants shall be nominally spaced every 500 linear feet in residential areas comprised of single-family dwellings. In commercial or industrial areas, and in residential areas containing condominiums, townhouses, or apartments, fire hydrants shall be nominally spaced every 300 feet. The Fire Chief may require that fire hydrants be placed at closer intervals to conform to street intersections, unusual street curvatures, or fire flow requirements.

Divided streets shall have hydrants on both sides of the street and shall, where applicable, be installed in alternative or staggered positions so that hydrants will not be directly opposite from each other.

Exception: For Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 the distance requirements shall be not more than 600 feet (183 m).

Section 507.5 of the 2025 California Fire Code is hereby amended to read as follows:

The fire code official may require a looped underground fire service for large projects when deemed necessary.

Section 507.5.1 of the 2025 California Fire Code is hereby amended to read as follows:

Where required. When a portion of the facility or building here after constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains shall be provided where required by the fire code official.

ITEM 14

ATTACHMENT B
Exception: For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 500 feet.

Section 507.5.1.1 of the 2025 California Fire Code is hereby amended to read as follows:

Hydrants for Standpipe systems. Buildings equipped with a standpipe system installed in accordance with section 903 shall have a fire hydrant within 75 feet of the fire department connection.

Exception: DELETED
Section 507.5.1.2 of the 2025 California Fire Code is hereby added to read as follows:

Spacing. Fire hydrants shall be spaced nominally every 500 liner feet in residential areas and 300 liner feet in commercial or industrial areas and shall comply with city building standards.

15.08.150 - Section 507.5.7 of the CFC added; Hydrants. Hydrant Location to FDC Section 507.5.7 of the California Fire Code is hereby added to reads as follows:

Section 507.5.7 Hydrants. The Fire Chief is authorized to determine the types of hydrants acceptable for installation. In areas where public or private water mains are not available for the provision of required fire flow, the Fire Chief may require that water supply for firefighting be in accordance with NFPA Standard # 1142, 2017 edition (standard on Water Supplies for Suburban and Rural Fire Fighting).

Section 912.8 of the 2025 California Fire Code is amended by adding:

15.08.160 - Section 507.5.8 of the CFC added; Hydrant Identification. Pallet Storage Yards Section 507.5.8 of the California Fire Code is hereby added to read as follows:

Section 507.5.8 Hydrant Identification. All fire hydrants shall be identified with a blue pavement marker which is raised and reflective.

ITEM 14

ATTACHMENT B
Section 1106.2 of the California Fire Code is hereby added to read as follows:

Pallet Storage, Manufacturing and/or Recycling Facilities shall be maintained in accordance with Section 2810 of the California Fire Code.
(Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.170 - Section 603.8 of the CFC amended; Incinerators.

Amended by Ordinance No. 2023-1076
Section 603.8 of the 2019 California Fire Code is hereby amended to read as follows:

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

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

Section 605.7 of the 2025 California Fire Code is hereby amended to the following:

Incinerators. The use of incinerators is prohibited inside the city.

EXCEPTION: Incinerators used by state licensed facilities for the cremation of human or pet remains.
(Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.180 - Section 603.8.1 of the CFC deleted; Residential Incinerators. Portable Unvented Heaters
Amended by Ordinance No. 2023-1076
Section 603.8.1 of the California Fire Code is hereby deleted.

Section 4103.1 of the 2025 California Fire Code is hereby amended to read as follows:

Portable unvented fuel-fired heating equipment which produces carbon monoxide (CO) shall be prohibited in any occupancy or building.

Exception: Buildings or structures under construction as outlined in chapter 33 of the 2025 California Fire Code.
(Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.190 - Section 603.8.2 of the CFC deleted; Spark Arrestor. Open Burning, Recreational Fires and Portable Outdoor Fireplaces
Amended by Ordinance No. 2023-1076
ITEM 14

ATTACHMENT B
Section 603.8.2 of the California Fire Code is hereby deleted.

Section 307.1-307.5 of the 2025 California Fire Code is hereby amended by adding the following:
307.1 No person shall kindle, conduct, or maintain any burning of grass, weeds, agricultural trimmings, or other combustibles or authorize any such fire to be kindled, conducted, or maintained without a permit as required by the San Joaquin Valley Unified Air Pollution Control District and compliance with all safeguards pursuant thereto. Any such permitted burning shall be restricted to agricultural purposes and confined to areas in the city limits in which agricultural uses are lawful or as regulated or prohibited by other municipal codes. 307.4.1 Deleted
307.4.2 Shall be prohibited except for religious ceremonies and shall comply with other regulation or prohibitions of other city municipal codes or uses. Permit required. 307.4.3 Add shall comply with other regulation or prohibitions of other city municipal codes or uses.
307.5 Open burning or use of portable outdoor fireplaces as used at one and two-family dwellings shall be constantly attended until the fire extinguished. Not fewer than one portable fire extinguisher complying with section 906 with a 4A minimum rating and a water hose, water truck or medium of dirt/sand shall be immediately available. (Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.200 - Section 603.8.3 of the CFC deleted; Restrictions. Electrical Service Disconnect Amended by Ordinance No. 2023-1076
Section 603.8.3 of the California Fire Code is hereby deleted.

Section 603.4.1 of the CFC is amended by adding:

The main electrical service to any commercial building must be accessible for emergency shut-off from the outside of the building. This may be accomplished by providing a (one) main disconnect or a shunt trip device. If a generator system activates automatically when the shunt trip or main disconnect is shut down, a control to stop the generator must be located with the main disconnect or shunt trip. Photovoltaic (PV) power disconnects shall be located with the main electrical disconnect. Shunt trips or main disconnects, PV and generator controls shall be identified by signs approved by the Fire Chief. All disconnects shall not be separated by obstruction or fences. Exception: Electrical control room with a marked door that is accessible from the outside of the building. (Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.210 - Section 603.8.4 of the CFC deleted; Time of Burning. Standpipes ITEM 14

ATTACHMENT B
Section 603.8.4 of the California Fire Code is hereby deleted.

Section 905.3.1 of the 2025 California Fire Code is amended to read as follows:

Occupancies three or more stories in height shall be provided with a Class 1 standpipe system approved by the Fire Chief. (Except Group R-3 and R-3.1) Garden type apartment complexes may be required to install Class 1 standpipe systems approved by the Fire Chief.
(Ord. No. 2020-1058, § 1, 3-23-2020)

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

Section 903.2 7 of the California Fire Code is hereby amended to read as follows:

Section 903.2 Where required.

1.New Construction.

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

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

2.Existing Buildings and Structures.

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

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

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

1. An approved automatic fire sprinkler system is required in all new buildings and structures constructed on or after the effective date of this ordinance, notwithstanding the use and ITEM 14

ATTACHMENT B
occupancy thereof, when any fire area, as defined in the California Fire Code exceeds five thousand (5,000) square feet.
a. Fire area calculations shall include all floors, mezzanine, basements and any attached projections greater than four (4) feet.
b. Structures which are within six (6’) feet of each other as measured from the outside walls, or any projection therefrom, or are attached by a breezeway or a covered walkway, the measured floor area of each shall be aggregated. c. Buildings three (3) stories or more, irrespective of height; including basements, cellars and or mezzanines.
d. Any Group A occupancy as defined in the California Building Code or modified for Group A use.
e. CFC 901.4.4 may not be exercised to add fire walls to avoid the installation of fire sprinklers in new buildings or to existing buildings during remodel/ addition.

3. The sprinklers are to have interior warning devices approved by the Fire Chief.

4. Existing buildings and structures shall have approved automatic fire sprinklers installed when any of the following exist:
a. When doing a remodel or addition the value of additions, alterations or repairs that exceed fifty (50) percent of the current county assessed valuation for improvements only in the existing building or structure that exceeds five thousand (5,000) square fe et.
b. The remodel or addition cause the building to exceed five thousand (5,000) square feet as outlined in this code above.

(Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.230 - Section 906.9.1 of the CFC amended; Extinguishers Weighing 40 Pounds or Less. Fire Extinguishers
Section 906.9.1 of the California Fire Code is hereby amended to read as follows:

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

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

ITEM 14

ATTACHMENT B
Section 309 of the CFC is amended by adding Section 309.5.1 to read:

Forklifts. All LPG or natural gas driven equipment which operate inside shall have a minimum 1A:10BC fire extinguisher mounted to the equipment and shall comply with Section 906 Section 3504.2.6 of the CFC is amended to read as follows:

15.08.240 - Section 5001.5.2 of the CFC amended; Hazardous Materials Inventory Statement.Combustible Vegetation.

Amended by Ordinance No. 2023-1076
Section 5001.5.2 of the 2019 California Fire Code is hereby amended by adding the following:

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

Section 304.1.3 of the 2025 California Fire Code is hereby amended by adding the following:

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

Amended by Ordinance No. 2023-1076
Section 5003.3.1.5 of the 2019 2025 California Fire Code is hereby added to read as follows:

ITEM 14

ATTACHMENT B
For purposes of this section, costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker's compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials. The authority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department. (Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.260 - Section 5601.1 of the CFC amended; Scope Explosives and Fireworks.

Section 5601.1 of the California Fire Code is hereby amended to read as follows:

Section 5601.1. Scope. The provisions of this chapter shall govern the possession, storage, handling, sale and use of explosives, explosive materials, fireworks, rockets, emergency signaling devices, and small arms ammunition. The manufacturing of fireworks is prohibited in the City of Ceres. The term "Fireworks" shall be as defined by the Health and Safety Code section 12511.

Section 5605.1.1 of the CFC shall be amended to read:

Manufacturing. Explosive materials and fireworks shall not be manufactured within the city limits of Ceres.
(Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.270 - Section 5608.2 of the CFC added; Fireworks Display.

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

Section 5608.2 Fireworks Display.

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

Section 5608.2.2 Approval. The Fire Chief may grant the permit as applied for, or with conditions thereto, unless he/she finds that to do so would be contrary to the public health, safety, or welfare. The decision of the Fire Chief shall be in writing and shall be mailed, postage prepaid, to the applicant.

Section 5608.2.3 Appeal Process. The decision of the Fire Chief, in acting on an application for permission to conduct a public display in accordance with the provisions of this section may be appealed to the City Manager. Notice of an appeal of the Fire Chief's decision shall be filed by the applicant, with the City Clerk, within ten (10) days after the date of the decision. Upon failure to file such notice within the ten-day period, the action of the Fire Chief shall be final and conclusive. The applicant may appeal the decision of the City Manager to the City Council by ITEM 14

ATTACHMENT B
filing a notice of appeal to the City Clerk within ten (10) days after the date of the City Manager decision. Upon failure to file such notice within the ten-day period, the action of the City Manager, or his/her designee, shall be final and conclusive. (Ord. No. 2020-1058, § 1, 3-23-2020)

15.08.280 - Section 5608.3 of the CFC added; "Safe and Sane" Fireworks Sales.

Section 5608.3 of the California Fire Code is hereby added to read as follows:

Section 5608.3 Storage of Safe and Sane Fireworks.

15.08.290 - Findings for changes, modifications, and additions to the 2019 California Fire Code Part 9.

Access to Buildings
Pursuant to California Health and Safety Code sections 17958.5, 17958.7 and 18941.5, the City of Ceres hereby expressly finds that all of the changes and modifications to the 2025 California Building Standard Code made by this title and which are not merely administrative changes, are reasonably necessary because of local climatic, geological or topographical condition within the City of Ceres as more particularly described in the table set forth below.

ITEM 14

ATTACHMENT B

Section 504.1 of the CFC is amended by adding:

For commercial projects the clear walkway shall have the minimum following: 32-inch gate in fences and a 36-inch clear path. The clear path may be grass, soil or solid surface.

Section 506.3 of the CFC is amended by adding:

All commercial projects (new, remodel, addition and change of occupancy, or occupancy inspection) in the City may be required to provide a Knox Box (key box). A Knox Box capable of containing Material Data Safety Sheets (MSDS) sheets and Hazardous Materials plans will be required at commercial sites with significant amounts of hazardous materials. The Fire Chief may require additional Knox Boxes and padlocks to large buildings or projects.

15.08.300 Premise Address
Section 505.1 of the CFC is amended by adding:

Residential numbers shall be illuminated from dusk to dawn.

Finding(s)
Application
Condition Findings
CCR California
Fire
Code part 9
Climactic Reduced visibility due to dense fog occurring during winter months which causes delays in fire response
CCR California
Fire
Code part 9
Topographical Delayed fire response by railroad tracks that:
a. Divide the City from East to West
b. Tracks run parallel to Highway 99 through the City, restricting response at locations where overpasses are not provided CCR California
Fire
Code part 9
Topographical Turlock Irrigation District canal restricts access to Neighborhood developments. Mitchell Rd. from Faith Home Rd. to Hwy 99 at Mitchell Rd.

CCR California
Fire
Code part 9
Topographical Delayed fire response due to Hwy 99, which divides the City in half.

Delays are due to major traffic congestion at overcrossings CCR California
Fire
Code part 9
Climactic Summer conditions are very dry, hot and windy causing ordinary combustibles to easily ignite and fires to spread rapidly ITEM 14

ATTACHMENT B
Section 505.1 of the CFC is amended by adding 505.1.1:

15.08.310 Fire Alarm
Section 907.1.6 of the 2025 California Fire Code is hereby amended by adding the following:
a. All new fire alarm/ monitoring systems shall be UL certified for which permits are required, on or after 1/1/2020.
b. Any existing fire alarm system in a commercial occupancy wherein the fire alarm control panel and alarm system components require replacement, shall be considered newly installed for the purposes of this section and shall require the system to be UL certified on or after 1/1/2026.
c. When UL certification is required by this code, it shall be maintained for commercial fire alarm/monitoring systems throughout the life of the alarmed/monitored building. d. Central Station Service in accordance with NFPA 72 is required on all fire alarm/ monitoring systems, existing or new.

Exception. Supervisory service is not required for:

Automatic sprinkler systems in one and two-family dwellings.

15.08.320 Spray Booth
Section 2402 of the 2025 California Fire Code is hereby amended by adding:
2402.2 Spray booth is a listed mechanically ventilated appliance of varying dimensions and construction provided to enclose or accommodate a spraying operation and to confine and limit the escape of spray vapor and residue and to exhaust it safely.

Section 2401.1 of the 2025 California Fire Code is hereby amended by adding:

6. Flammable spraying, combustible spraying, bedliner spraying and powder coating operations shall be conducted in a listed spray booth. Existing operations to be upgraded at change of occupancy

15.08.330 False Alarm
Section 907.1.6 of the CFC is hereby added to read as follows:

ITEM 14

ATTACHMENT B
It shall be unlawful for a person to give, signal or transmit a false fire alarm. The City Council may adopt by resolution reasonable fees to recover the costs associated with responses to buildings or similar structures that have excessive false fire alarms. Excessive false alarms shall be defined as more than three (3) false alarms in twelve (12) consecutive months.

15.08.340 Hazardous Material Definition
Section 5001.2 of the CFC, the definition of “Hazardous Materials,” is hereby amended to read as follows:

Definition: Hazardous materials. are those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 50, or as defined in the California Health and Safety Code, Division 20, Chapter 6.95, commencing with Section 25500, whether the materials are in useable or waste condition.

NFPA 704 placards shall be required on all commercial buildings/structures with hazardous materials as required by the Fire Chief.

15.08.350 Prohibited Storage of Flammable Cryogenic Fluids Section 5504.3.1.1.3 of the 2025 California Fire Code is adopted by reference, in addition to the following:

Location. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law (table 5504.3.1.1). All R-1, R-2 and R-3 zoning designations as identified in the municipal code.

Section 5704.2.9.5 of the CFC is amended by adding the following:

Section 5705.3.3 of the CFC is hereby amended to read as follows:

Heating, lighting or cooking appliances which utilize Class I,II or III liquids shall not be operated within a building or structure within the city limits.

Section 5706.5.1.1 is hereby amended to read as follows:

ITEM 14

ATTACHMENT B

15.08.360 Bulk Transfer Operations
Section 5706.5 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Unless otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than twenty-four (24) hours while connected for transfer operations.

15.08.370 Liquified Petroleum Gas
Section 6101.2 of the 2025 California Fire Code is hereby amended to read as follows:

Permits shall be required as set forth in Sections 105.6 and 105.7.

EXCEPTION:

1. Containers not exceeding a five (5) gallon water capacity, used for "barbecue" cooking, when used and stored outside of buildings.

2. Approved containers not exceeding 16.4 ounces when displayed for sale in mercantile occupancies.

3. Factory-installed containers for recreational vehicles not exceeding ten-gallon water capacity.

4. Factory-installed tanks that are permanently attached to recreational vehicles.

Distributors shall not fill an LP-gas container for which a permit is required unless the Fire Code Official has issued a permit for installation for that location.

Section 6103.1.1 of the California Fire Code is herby add to read as follows:

Prohibited. LP-gas installations pertinent to systems are not permitted in any residential (R) zones regardless of water capacity.

Section 6104.2 of the California Fire Code is amended to read as follows:

ITEM 14

ATTACHMENT B
The storage of liquefied petroleum gases is restricted to those areas of the City zoned Commercial-Industrial zone; M-1 and M-2 Industrial zones and in addition thereto to properties used as Automotive Service Stations located in the areas of the City zoned for commercial use.

15.08.380 APPENDIX D
Appendix D Section D101.1 is amended by adding:

Appendix D shall only be enforced on private roadways, property and streets not public roadways.

Appendix D Section D103.5(1) of the CFC is amended by adding:

Where a fire apparatus road consists of a divided roadway, the gate width shall not be less than 15 feet.

Appendix D Section D103.5(6) of the CFC is amended by adding:

Manual opening access gates may not be locked with a chain and padlock unless a Knox padlock is installed in the chain. Dual keyed access for the Police Department shall be required.

Appendix D Section D103.5(5) of the CFC is amended by adding:

Electric gates shall be operable by means of a Knox key switch accessible by both police and fire.

Electric gates at housing complexes, gated communities or rental storage facilities shall also be dual equipped with Opticom strobe light system or as required by the Fire Chief. All Gate shall automatically open upon power failure.

15.08.390 Findings for changes, modifications, and additions to the 2025 California Fire Code Part 9.

Pursuant to California Health and Safety Code sections 17958.5, 17958.7 and 18941.5, the City of Ceres hereby expressly finds that all of the changes and modifications to the 2025 California Building Standard Code made by this title and which are not merely administrative changes, are reasonably necessary because of local climatic, geological or topographical condition within the City of Ceres as more particularly described in the table set forth below.

ITEM 14

ATTACHMENT B
Finding(s)
Application
Condition Findings
CCR California
Fire
Code part 9
Climactic Reduced visibility due to dense fog occurring during winter months which causes delays in fire response
CCR California
Fire
Code part 9
Topographical Delayed fire response by railroad tracks that:
a. Divide the City from East to West
b. Tracks run parallel to Highway 99 through the City, restricting response at locations where overpasses are not provided CCR California
Fire
Code part 9
Topographical Turlock Irrigation District canal restricts access to Neighborhood developments. Mitchell Rd. from Faith Home Rd. to Hwy 99 at Mitchell Rd.

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

ITEM 14
ITEM 14

ATTACHMENT C
{CW116206.2}
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 October 13, 2025, at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of an Ordinance of the City Council of the City of Ceres amending Chapter 8, California Fire Code, of Title 15 of the Ceres Municipal Code to adopt the 2025 California Fire Code (“Ordinance”).

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: October 1, 2025 & October 8, 2025
ITEM 14
ITEM 14

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: September 22, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, PE, Director of Engineering [email protected], (209) 538-5775
SUBJECT: Resolution No. 202 5-XXX, Authorizing the Increase of the City Manager’s Signing Authority from $25,000 to $250,000 for On-Call Engineering Contract Task Orders
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council to increase the authorized amount for the City Manager to execute task orders under the City’s existing on -call engineering contracts without requiring additional Council approval for amounts over $25,000 .00, provided the task orders are within approved project budgets and do not exceed $250,000.00. Any task order over $250,000.00 will require council approval
I. BACKGROUND:

The City of Ceres Engineering Department maintains on -call contracts with ten (10) professional consulting firms. These firms provide a wide range of services including:
• Traffic Engineering
• Geotechnical Engineering and Construction Materials Testing • General Civil Engineering and Surveying
• City Surveyor Services
The purpose of on -call contracts is to streamline the process of obtaining specialized services quickly and efficiently in support of City projects. However, under the City’s current practice, any task order exceeding $25,000 .00 requires separate Council approval, regardless of whether the work is already included within the adopted budget.

This requirement has proven inefficient and undermines the intent of on -call contracting, often delaying projects that have already been approved and funded through the Capital Improvement Program (CIP), the City budget, or the creation of new projects by Council action.

ITEM 15
II. REASONS FOR RECOMMENDATION:

Streamlining Processes: Allowing the City Manager to execute task orders under the e on-call contracts will save significant staff time and eliminate unnecessary delays to approved projects.

Council Oversight Remains: All projects funded through the CIP, City budget, or by specific Council action have already been reviewed and approved by the City Council.

The City Manager will not have the authority to exceed these approved budgets.

Consistency with On -Call Concept: On -call contracts are designed to expedite the contracting process. Requiring separate Council approval for each task order over $25,000.00 is contrary to this purpose , as most services provided with on-call contracts are more than $25,000.00.

Efficient Use of Resources: Granting this authority ensures that City resources are used more effectively, with projects moving forward in a timely manner without unnecessary administrative burden.

III. FISCAL IMPACTS:

There is no fiscal impact to the General Fund. Task orders executed under the on -call contracts will be funded through previously approved project budgets, including those in the Capital Improvement Program or other Council -approved funding sources. The Ci ty Manager will not have authority to authorize spending beyond these approved budgets without further Council action.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

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

V. POLICY ALTERNATIVES:

The City Council may consider the following alternatives:

1. Adopt the Resolution as Presented
• Authorizes the City Manager to execute task orders under existing on -call engineering contracts without requiring separate Council approval for amounts over $25,000 .00, provided expenditures remain within Council -approved project budgets and are under $250,000.00.
• This option streamlines project delivery and aligns with the purpose of on -call contracting while maintaining Council oversight of overall budgets.

2. Maintain Current Practice (Status Quo)
• Requires that staff return to the City Council for approval of any task order exceeding $25,000.00, regardless of whether the project is already budgeted. • This option preserves maximum Council oversight but continues to cause inefficiencies and potential project delays.

ITEM 15
VI. INTERDEPARTMENTAL COORDINATION:

Coordination with other departments was not necessary for this report.

VII. PUBLIC PARTICIPATION:

Public participation is not planned.

VIII. ENVIRONMENTAL REVIEW:

Environmental review is not necessary for this report.

IX. STEPS FOLLOWING APPROVAL:

If the City Council approves the resolution authorizing the City Manager to execute task orders under the on-call engineering contracts, staff will proceed with the following steps:

1. Finalize Authority Delegation
• Update internal administrative procedures to reflect the City Manager’s authority to execute task orders under existing on -call contracts above $25,000.00, provided they remain within Council -approved project budgets and are under $250,000.00.

2. Staff Training and Communication
• Notify Engineering Department staff and project managers of the updated approval process to ensure consistency in implementation. • Provide guidance to ensure that all task orders include clear documentation showing the connection to an approved project budget.

3. Contract Administration
• Begin processing pending task orders currently awaiting Council approval that fall under the new delegation of authority.
• Execute new task orders as needed to advance Capital Improvement Program (CIP) and other approved projects without unnecessary delay.

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution
ITEM 15
ITEM 15

ATTACHMENT A
RESOLUTION NO. 2025-XXX
AUTHORIZING THE INCREASE OF THE CITY MANAGER’S SIGNING
AUTHORITY FROM $25,000 TO $250,000 FOR ON-CALL

ENGINEERING CONTRACT TASK ORDERS

THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres has established on -call professional services contracts with ten (10) consulting firms to provide a range of engineering and surveying services, including traffic engineering, geotechnical engineering and construction materials testing, general civil engineering, and city surveyor services; and WHEREAS, the purpose of on -call contracts is to streamline the process of securing professional services needed to support City projects in a timely and efficient manner; and
WHEREAS, current City practice requires staff to return to the City Council for approval of each task order exceeding $25,000 .00, even when the projects are already approved and budgeted through the Capital Improvement Program, the City budget, or through Council authorization of a new project; and
WHEREAS, this requirement is inefficient and creates unnecessary delays to projects that have already received Council approval and allocated funding; and WHEREAS, authorizing the City Manager to execute task orders under the existing on -call contracts will streamline project delivery while maintaining full Council oversight, as no task orders may exceed approved project budgets or $250,000.00 without additional Council action; and
WHEREAS, there is no fiscal impact to the General Fund as all task orders will be funded through previously approved project budgets.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the increase of the City Manager’s signing authority from $25,000 to $250,000 for on-call engineering contract task orders.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 22nd day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 15
ITEM 15

Ceres City CouncilSeptember 22, 2025

Ceres City Council
September 22, 2025