Agenda — Ceres City Council, October 13, 2025 (part 1 of 2)

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, October 13, 2025, at 6:00 p.m.

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

CALL TO ORDER
Mayor Lopez

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

INVOCATION
Invocation by Patrick Davis, Ceres Christian Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/88571828104?pwd=b3x4GCC9xKtjDX09092l3OwIo5xK50.1 Webinar ID: 885 7182 8104; Passcode: 908606; or Dial: (669) 900-6833

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING.

INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR WRITTEN

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

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

AGENDA
Regular City Council Meeting
October 13, 2025

Page 2 ends

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Santiago Alejandro Macias Valadez , Caswell Elementary School.

PRESENTATIONS

A. National Respiratory Care Week Proclamation

B. National 4-H Week Proclamation

C. Pacific Gas & Electric Presentation

D. Modesto Fire Department Presentation

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

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

CONFLICT OF INTEREST DECLARATION

APPOINTMENTS TO BOARDS/COMMISSIONS

None

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

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

1. Clerks Report of Posting. The agenda of the October 13, 2025, City Coun cil Meeting was Posted on Wednesday, October 8, 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 September 8, 2025, Regular City Council Meeting. (City Clerk)

AGENDA
Regular City Council Meeting
October 13, 2025

Page 3 ends

4. Approval of Minutes for the September 22, 2025, Regular City Council Meeting. (City Clerk)

5. Register of Audited Demand(s) Dated September 10, 2025, through September 24, 2025. (Esenwein)

6. Resolution 2025 -XXX, Accepting California Office of Emergency Services 911 Award Money for the Purpose of Upgrading the Current Ceres Police Department 911 Dispatch Center. (Johnson)

7. Consideration to Cancel the Regularly Scheduled City Council Meeting of December 22, 2025. (City Manager)

8. Resolution No. 202 5-XXX, Approving the General Services Agreement for the Crows Landing and Morgan Road Striping Project to Sierra Traffic Markings Inc. in the Amount of $99,210.00, Authorizing a Contingency in the Amount of $10,000.00 (Totaling $109,210.00) , and Authorizing the City Manager to Execute the Agreement. (Beltran)

9. Waiver of Second Reading and Adoption of 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)

10. Waiver of Second Reading and Adoption of Ordinance No. 2025 -XXXX, An Ordinance of the City Council 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)

11. General Correspondence – Information Only
a. Public Works Monthly Report for August 2025 (Casas)

12. Resolution No. 202 5-XXX, Approving an Agreement with Animal Damage Management, Inc. for Pest Control Services for an Annual Amount of $82,735.00 and Authorizing the City Manager to Execute the Agreement. (Casas)

13. Resolution No. 2025 -XXX, Approving a Retroactive Agreement with the Lew Edwards Group to Provide Planning, Communication and Engagement Services for Quality-of-Life Vision, Approving a Budget Amendment in the Amount of $115,500, and Authorizing the City Manager to Execute the Agreement. (City Manager)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None
AGENDA
Regular City Council Meeting
October 13, 2025

Page 4 ends

PUBLIC HEARING

14. Resolution No. 202 5-XXX, Establishing the Annual Assessment Levy for Fiscal Year 2025-2026 on the Businesses in the Downtown Area Defined in the Ceres Downtown Revitalization Area Board Annual Report for the Activities and Programs of the Ceres Downtown Area Board for Fiscal Year 2025-2026. (Aguirre)

NEW BUSINESS
None

DISCUSSION ITEMS

15. Customer Watering Schedule Update Recommendation. (Casas)

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. Staffing Levels & Recruitment Presentation
(Requested by Vice Mayor Martinez at the September 22, 2025, Regular City Council Meeting)

17. Landscape Services
(Requested by Councilmember Otero on September 25, 2025)

18. Public Information Officer Position
(Requested by Mayor Lopez on October 3, 2025)

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

19. 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: Rafid Khoshaba and Tow One Inc. vs. City of Ceres, Stanislaus County Superior Court Case Number: CV-24-005948
AGENDA
Regular City Council Meeting
October 13, 2025

Page 5 ends

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

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on October 27, 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, October 8, 2025, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

RECOGNIZING OCTOBER 19 - 25, 2025

AS RESPIRATORY CARE WEEK
WHEREAS, Respiratory Care Week became nationally recognized in 1982 when President Ronald Reagan signed a proclamation declaring the third week in October as National Respiratory Care Week; and
WHEREAS, National Respiratory Care Week’s purpose is to bring awareness to the importance of respiratory care; and
WHEREAS, respiratory care practitioners are the health professionals best suited to provide, monitor, adjust, and document mechanical ventilator care ; and
WHEREAS, respiratory care practitioners use their expertise to work in pulmonary function labs, sleep labs, and life flight services; and WHEREAS, respiratory care professional are an integral part of our medical care system.

NOW, THEREFORE, BE IT RESOLVED I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Daiel A. Martinez , Councilmembers James Casey , Rosalinda L. Vierra, and Cerina Otero , do hereby proclaim October 19 – 25, 2025, as Respiratory Care Week.

Proclaimed this 13th day of October 2025
___________________________
Javier Lopez, Mayor
ITEM A
ITEM A
RECOGNIZING OCTOBER 5 - 11, 2025
NATIONAL 4-H WEEK
WHEREAS, this year’s National 4 -H Week theme, “Beyond Ready,” reminds us that 4 -H is building a ready generation in a world of change and equips young people with skills for the future while meeting them where they are today; and
WHEREAS, 4-H is America’s largest youth development organization, supporting six million youth across the country become engaged, successful, and independent; and
WHEREAS, 4-H programs are delivered by the Cooperative Extension System – a community of more than 100 public lang -grant colleges and universities across the nation – that provides experiences for young people to learn by doing; and
WHEREAS, 4-H connects young people and adults to their communities, preparing them for work and life through experiential and inquiry -based learning while providing emerging research for positive youth development; and WHEREAS, expanding from its strong agricultural roots, 4 -H helps young people explore the world around them and grow into productive adults.

NOW, THEREFORE, BE IT RESOLVED 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 5 – 11, 2025, as National 4-H Week.

Proclaimed this 13th day of October 2025
___________________________
Javier Lopez, Mayor
ITEM B
ITEM B
Pacific Gas and Electric Company
City of Ceres Local Government Forum
September 2025
ITEM C
Safety
Prepare for Natural
Disasters or Emergencies
Build a disaster supply kit for you,
your family or your business.

Include food, water, medication,
flashlights, first aid kits, and a list
of emergency contacts.

Visit safetyactioncenter.pge.com
for more tips to help prepare for
an emergency.

ITEM C
Rates and Affordability and
Financial Assistance Programs
ITEM C
4Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires.

Savings Programs and Support for Customers
Savings Support for All Residential Customers
California Alternate Rates
For Energy Program (CARE)
Provides a monthly discount of 20%
or more on gas and electricity.
pge.com/care
Family Electric Rate
Assistance Program (FERA)
Provides a monthly discount of 18%
on electricity only.
pge.com/fera
Low-Income Home Energy
Assistance Program (LIHEAP)
Provides a one-time payment of up to
$1,000 to help with unpaid energy bills.
pge.com/liheap
Budget Billing
Offsets high winter heating peak bills by
averaging your energy costs to determine a
more predictable monthly payment amount.
pge.com/budgetbilling
Home Energy Checkup
Helps customers assess their
energy use and gives customized
savings tips.
pge.com/homecheckup
GoGreen Home Energy Financing
Helps finance energy saving improvements
to make your home more comfortable
and efficient.
gogreenfinancing.com
For more ways to save energy, visit pge.com/energysavingtips.

Savings
Programs
for Income-
Qualified
Customers
ITEM C
Customer Resources and Support
ITEM C
6Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires.

Disability Disaster Access and Resources
Emergency preparedness planning, portable batteries and support for customers requiring additional accommodations. pge.com/ddar
California 211 Providers Network
Dial 2-1-1, text ‘PREPARE’ to 211-211 or visit the website during an outage to connect to local resources.
211.org
Backup Power
Explore backup power options and potential rebates on certain generators to help prepare for an outage.
pge.com/backuppower
In-Language Support and California Relay
Service
For translation support, or to request print materials in Braille, large print or audio, call 1-800-743-5000. If you are Deaf, hard of hearing or need extra support, contact the California Relay Service at 7-1-1.
pge.com/accessibility
Customer Resources and Support for Outages
ITEM C
7Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires.

Resources for Customers with Access and Functional Needs We provide support options for customers with Access and Functional Needs, through our Medical Baseline and Self-Identified Vulnerable programs.

Medical Baseline (MBL) Program
A monthly discount or additional monthly allotment
of power based on rates.

Additional notifications ahead of Public Safety Power
Shutoffs.

Participants qualify through medical device or
medical condition needs .

Potential to qualify for additional resources including the generator rebate, portable battery or a Backup
Power Transfer Meter .

Customers can apply at pge.com/mbl.

Self-Identified Vulnerable Program
Various financial support programs available for
customers who have fallen behind on bills or additional programs to help customers save.

Additional notifications ahead of Public Safety Power
Shutoffs.

Service disconnection notifications 48 hours prior or at the time of disconnection due to nonpayment.

Potential to qualify for additional resources, including portable batteries
Customers can self-certify at pge.com/siv.

ITEM C
8Some of the measures included in this presentation are contemplated as additional precautionary measures intended to further reduce the risk of wildfires.

Additional Customer Resources
Dedicated wildfire safety contacts: Hotline: 1-866-743-6589 | Email: [email protected] Information on
wildfire prevention
efforts
Wildfire Safety
pge.com/wildfiresafety
pge.com/wildfiresafety
Submit photos of
nonemergency potential
safety concerns
Report It App
pge.com/reportit
pge.com/reportit
Create an emergency
safety plan to keep you
and your family safe
Safety Action Center
safetyactioncenter.pge.com
safetyactioncenter.pge.com
ITEM C
Thank You
ITEM C
ITEM C
“Proudly Serving, Protecting and Partnering for a Safer Community” ITEM D

CERES FIRE

DEPARTMENT
• Ceres Fire Department covers
more than the city of Ceres. The
area served includes:
• City of Ceres (Blue)
• Ceres Fire Protection
District(Dark Red)
• Portions of Industrial Fire
Protection District (Gray)
ITEM D

FULL-SERVICE

CONTRACT
• July of 2021 – June 30th,2026
• 5 year contract
• 1 two-year extension
• Benefits
• Supports
Regionalization Efforts
• Improve Efficiencies
• Reduce Redundancy
• Improve services to the
public
ITEM D
• 3 Staffed Fire
Stations
• 2 Fire Engines
• 1 Ladder Truck
• 1 Battalion Chief
• 11 Firefighters
Ceres
Fire
ITEM D
• 26 Staffed Fire
Stations
• 24 Fire Engines
• 4 Ladder
Trucks/Quints
• 5 Battalion Chiefs
• 1 Fire Investigator
• 1 EMS Captain
95 Firefighters
ITEM D
The fire stations and
apparatus remain City of
Ceres assets. The personnel
are City of Modesto
employees supervised under
the leadership one Fire Chief
and leadership team.

ITEM D
Total Resources
5 Fire Engines
1 Ladder Truck
2 Battalion Chiefs
Total Firefighters
18 Firefighters*
Additional
Resources
Fire Investigator
EMS Captain
*NFPA 1710 Recommends 17

OPERATIONAL ALLIGNMENT
ITEM D

NEXT STEPS
Bring to council a 5-year
contract to continue the
Partnership
ITEM D
Questions?
ITEM D
ITEM D

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, September 8, 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 September 8, 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 Present Present Present

INVOCATION
Invocation by Chris Henry, Hope Tree Church.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Danna Roman, Adkison Elementary School.

PRESENTATIONS
A. Patriot Day Proclamation
Modesto Fire accepted the proclamation.

B. Hispanic Heritage Month Proclamation
Central Valley High School’s AP Spanish Literature Club accepted the proclamation.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 8, 2025

Page 2 ends

C. Suicide Prevention Month Proclamation

American Foundation of Suicide Prevention accepted the proclamation.

D. California’s 175th Anniversary Proclamation

E. Cannabis Business Program (City Attorney)

City Attorney, Nubia Goldstein, presented the information.

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

Mike Warda spoke regarding smoke shops, police department resources, and proposed tobacco ordinance.

Ron Roberts spoke regarding cannabis retailers, illegal smoke shops, and tax rates.

John Warren spoke regarding the amount owed to the City by cannabis operators.

James (last name not provided) spoke regarding the black market and capping the amount of dispensaries.

Mayor Lopez closed public comment.

Council and staff discussion included employment and drug testing, police resources, response times, access to public cameras, amount of dispensaries within the city, black market, safety and security of cannabis businesses, fairness, background checks on new operators, tax rate, basis of the tax rate, permitting structure, tax collection, auditing cannabis businesses , timeline on updating the Ceres Municipal Code, tax rates of surrounding cities, and double taxation on retail and distribution.

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

Maggie Mejia spoke regarding Art, Family, & Culture’s National Hispanic Heritage Month celebration.

Jonathan Vazquez spoke regarding placing a mural at the Ceres Library.

John Warren spoke regarding the 9/11 ceremony at Whitmore Park.

Dave Pratt spoke regarding Stanislaus Council of Governments’ Oversight Committee for Measure L projects.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 8, 2025

Page 3 ends

Gene Yeakley thanked meeting attendees, City staff members, and the student led pledge of allegiance.

Brandy Meyer spoke regarding an upcoming ice cream social, WoodSprings Suites grand opening/ribbon cutting, River Classic Golf Tournament, Coffee & Conversation, and One Table One Community events.

CONFLICT OF INTEREST DECLARATION

Councilmember Casey abstained from item #15.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONSENT CALENDAR

1. Clerks Report of Posting. The agenda of the September 8, 2025, City Council Meeting was Posted on Wednesday, September 8, 2025. (City Clerk)

3. Removed for separate consideration.

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

5. Resolution No. 2025 -104, Approving the Project Agreement to the Master Agreement for Professional Consultant Services with Kleinfelder, Inc., for Construction Observation and Materials Testing Services for the 2024 Pavement Preservation (2512, 2513, & 2514) Project in the Amount of $30,954.80, Approving a $10,000 .00 Contingency, and Authorizing the City Manager to Execute the Agreement. (Beltran)

6. Resolution No. 2025-105, Approving an Agreement with Environment Control for Custodial Services at the Ceres Community Center for an Annual A mount of $69,364.00 and Authorizing the City Manager to Execute the Agreement. (Royal)

7. Removed for separate consideration.

8. Resolution No. 2025 -107, Approving a Three -year Operational Agreement between Healthy Alternatives to Violent Environments and the Ceres Police Department and Authorizing the City Manager to Execute the Agreement. (Johnson)
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 8, 2025

Page 4 ends

9. Resolution No. 2025 -108, Approving the Purchase of New Traffic Signal Controllers in Support of the Traffic Signal Timing Optimization Project (2414) from SWARCO McCain, Inc. (Beltran)

10. Resolution No. 2025-109, Approving the Purchase of New Traffic Signal Switches in Support of the Traffic Signal Timing Optimization Project (2414) from AZCO Supply. (Beltran)

11. Removed for separate consideration.

12. Waiver of Second Reading and Adoption of Ordinance No. 2025 -1091, 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)

13. Resolution No. 202 5-111, Approving a General Services Agreement with Taylor Backhoe Services Inc., dba TBS Contractors for the Crows Landing Road Rehabilitation Pothole Services Project in the Amount of $62,976.00, Authorizing a Contingency for Up to Fifteen Additional Potholes in the Amount of $14,760.00 (Totaling $77,736.00), and Authorizing the City Manager to Execute the Contract. (Beltran)

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving items 1-2, 4-6, 8-10, and 12-13. Motion carried 5/0/0/0 by the following roll call vote:

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 3: Removed for separate consideration by Councilmember Casey

Councilmember Casey spoke regarding water world and donated funds listed as expenses.

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

Council and staff discussion included SCADA communications.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 8, 2025

Page 5 ends

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

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

Item 7: Removed for separate consideration by Councilmember Otero

Resolution No. 2025-106, Approving an Agreement with Motorola Solutions, Inc. for the Purchase and Installation of a Security Camera System at the Wastewater Treatment Plant in the Amount of $257,121.00, A pproving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (Royal)

Councilmember Otero spoke regarding using Motorola for other areas throughout the city.

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

John Warren spoke regarding the wastewater treatment plant upgrades.

Mayor Lopez closed public comment.

Council and staff discussion included monthly fees and integration with other Motorola products used by the City.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving items 7. Motion carried 5/0/0/0 by the following roll call vote:

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

Item 11: Removed for separate consideration by Councilmember Vierra

Resolution No. 2025-110, Concurrence and Support of the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2024-2025 Prepared for the Stanislaus Urban County Consortium. (Aguirre)

Councilmember Vierra spoke regarding community and local meetings held regarding the CAPER.

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 8, 2025

Page 6 ends

John Warren spoke regarding Notify Me.

Mayor Lopez closed public comment.

Council and staff discussion included the dates the meetings were held, social media advertising, and notifying the community.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving items 11. Motion carried 4/1/0/0 by the following roll call vote:

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

UNFINISHED BUSINESS

14. Resolution No. 202 5-112, Adopting the Amended City Council Rules and Procedures Handbook Dated September 2025, to Further Amend the Committee Appointment Process. (City Clerk)

City Clerk, Fallon Martin, introduced the item.

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

Council and staff discussion included pre -determined set of questions, provid ing questions in advance of the meeting, ChatGPT, and how other cities conduct open- meeting interviews.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving items 14. Motion carried 5/0/0/0 by the following roll call vote:

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

PUBLIC HEARING

15. Resolution No. 2025 -XXX, Denying the Appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 24 -45 CUP for the Truck Stop Grub Hub and Outdoor Music Venue Located at 1379 E. Whitmore Avenue, Ceres, CA (APNs: 040-089-033, -034, -035). (Aguirre)

Planning Consultant, Lea Simvoulakis, introduced the item.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 8, 2025

Page 7 ends

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

Andy Sanchez spoke regarding alcohol licensing, Planning Commission, public noticing, and number of grub hubs.

Vito Ranuio spoke regarding his grub hub project.

Hardeep Gill spoke regarding the number of grub hubs allowed, alcohol licensing, commissary, and music.

Reyana Burciaga spoke regarding the number of grub hubs allowed.

Almarjit Singh Malhi spoke regarding the addresses of the Ceres Grub Hub, cannabis and liquor stores, money spent on his project.

Juan Ruis spoke regarding a food truck waitlist.

James (last name not provided) spoke regarding his neighborhood surroundings, warehouses in his area, traffic, alcohol, and amount of food trucks.

John Warren spoke regarding noise from music, alcohol, and amount of parking.

Galen Guzman spoke regarding agricultural surroundings, traffic, needing more grocery stores, and food truck approval.

Josue Padilla spoke regarding project location, noise from music, and alcohol.

Mayor Lopez closed the public hearing.

Council and staff discussion included traffic, alcohol, music venue, fairness and consistency with the Ceres Municipal Code’s food truck ordinance, maximum occupancy for an outdoor venue, future median on Whitmore Road, El Rematito restrictions, synthetic lawn, hours of operation, and food truck committee.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving the appeal of the Planning Commission approval of the Conditional Use Permit (CUP) 24 -45 for the Truck Stop Grub Hub and outdoor music venue located at
1379 East Whitmore Avenue based on concerns with public safety parking, music venue, alcohol, general public safety, and direction for staff to draft a resolution for Council approval at the next City Council meeting . Motion carried 4/0/1/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 8, 2025

Page 8 ends

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

16. Resolution No. 2025-113, Approving the Annual Report of the Ceres Downtown Revitalization Area (CDRA) for Fiscal Year 2025-2026 and Setting a Public Hearing for October 13, 2025, to Consider Approving the Levy Assessment for CDRA Activities and Projects. (Aguirre)

Redevelopment & Economic Development Manager, Julian Aguirre, presented the item.

Mayor Lopez opened the public hearing for public comment. No one spoke. Mayor Lopez closed public comment.

Mayor Lopez closed the public hearing.

Council and staff discussion included cost of the landscaping contract, outreach with the businesses in the CDRA, current contract vendor, landscape area for the CDRA, public meetings for businesses within the CDRA, services received by the businesses, and the collection of assessments.

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

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

NEW BUSINESS

17. Resolution No. 2025 -114, Accepting the 2024 -25 Military Equipment Annual Report and Approving the Military Equipment Funding, Acquisition and Use Policy. (Johnson)

Police Chief, Trenton Johnson, introduced the item.

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

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 8, 2025

Page 9 ends

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

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS

18. Short-Term Rental Ordinance
(Requested by Councilmember Otero on August 14, 2025)

Councilmember Otero introduced the item.

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

Council provided consensus for staff to bring back an item regarding a Short-Term Rental Ordinance. (5/0)

REPORTS

• Mayor

Nothing to report

• City Council

Vice Mayor Martinez spoke regarding his ride-along with Modesto Fire.

Councilmember Otero thanked Code Enforcement for their presentation at the August 25th City Council meeting and Recreation for the City of Ceres Night Market.

Councilmember Vierra spoke regarding an anti -bullying event, City of Ceres Night Market, Stanislaus Homeless Alliance meeting, upcoming Kabaddi event, retirement of Ann Montgomery, WoodSprings grand opening, and an upcoming mixer.

Councilmember Casey spoke regarding September 8th being the day the Virgin Mary was born.

• City Manager

Nothing to report.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 8, 2025

Page 10 ends

• City Attorney

Nothing to report

• Departments

Engineering Director, Mike Beltran, spoke regarding the Hatch Road Transmission Main Project, Pavement Preservation Project, and introduced Senior Engineer, Eric Soito.

CLOSED SESSION

19. 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

20. 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: Rafid Khoshaba and Tow One Inc. vs. City of Ceres, Stanislaus County Superior Court Case Number: CV-24-005948

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

REPORT FROM CLOSED SESSION

Mayor Lopez reported that staff was given direction.

ADJOURNMENT

The next scheduled City Council Meeting will be held on September 22, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 8, 2025

Page 11 ends

There being no further business, Mayor Lopez adjourned the meeting at 10:08 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
ITEM 3

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
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 called the September 22, 2025, meeting to order at 6:00 p.m.

ROLL CALL – Present:

INVOCATION
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
Modesto Fire Department accepted the proclamation.

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
Justin Farkas spoke regarding updates on Assemblyman Juan Alanis’ office.

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
September 22, 2025

Page 2 ends

Joe Spani spoke regarding Modesto Fire Department’s Fire Ops 101 training, ride -a- longs, and burn container drill.

Brandy Meyer spoke regarding ribbon cutting for Corazón Azteca and WoodSpring Suites, golf tournament, and the one table one community events.

CONFLICT OF INTEREST DECLARATION

Councilmember Casey abstained from item #12.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONSENT CALENDAR

1. Clerks Report of Posting. The agenda of the September 22, 2025, City Council Meeting was Posted on Wednesday, September 17, 2025. (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, 2025, through September 3, 2025. (Esenwein)

5. Resolution No. 2025 -115, Accepting the Lucchesi Lane Sewer Rehabilitation Project as Complete, Authorizing the Release of the Remaining Retention to the Contractor, and Authorizing the Filing of the Notice of Completion. (Beltran)

6. Resolution No. 2025 -116, 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 -117, 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. (Beltran)

8. Removed for separate consideration.

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
September 22, 2025

Page 3 ends

9. Removed for separate consideration.

10. Removed for separate consideration.

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)
*This item was pulled by staff and not considered by the Ceres City Council.

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

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

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

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 8: Removed for separate consideration by Councilmember Otero

Resolution No. 20 25-118, 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)

Councilmember Otero inquired as to why staff recommends MuniService.

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

Council and staff discussion included other vendors, cost of other vendors, past experience, and MuniService capabilities.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving item 8. Motion carried 4/1/0/0 by the following roll call vote:

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
September 22, 2025

Page 4 ends

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

Item 9: Removed for separate consideration by Councilmember Otero

Resolution No. 2025 -119, Approving the Elimination of One (1) Vacant Administrative Secretary Position and Adding One (1) Planning Technician Position. (Aguirre)

Councilmember Otero spoke regarding level of customer service and the vacancy versus elimination of the position.

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

John Warren spoke regarding past staffing levels of the Planning Division and increasing the duties of the Administrative Secretary position.

Mayor Lopez closed public comment.

Council and staff discussion included required experience, Planning Commission attendance, forward facing with customers, existing position, amending staff report to remove elimination of the position, and advanced communication for this type of item.

Action: Motion by Councilmember Otero, seconded by
Councilmember Vierra, approving the vacancy of one (1)
unfunded Administrative Secretary position and adding one (1) Planning Technician position. Motion carried 4/1/0/0 by the following roll call vote:

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

Item 10: Removed for separate consideration by Councilmember Otero

Resolution No. 2025 -120, 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)

Councilmember Otero spoke regarding the existing Gouveia Engineering contract.

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

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
September 22, 2025

Page 5 ends

Council and staff discussion included the purpose of the Northstar Engineering Group contract, how Gouveia Engineering was selected, conflict between the Gouveia Engineering contract and Planning Technician position.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 10. Motion carried 5/0/0/0 by the following roll call vote:

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

UNFINISHED BUSINESS

12. Resolution No. 2025 -121, 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)

City Attorney, Nubia Goldstein, introduced the item.

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

Ashley Ranuio confirmed the Ceres City Council received a letter from their attorney.

John Warren spoke regarding a contradiction between the Planning Commission and City Council.

Mayor Lopez closed public comment.

Council and staff discussion included timeframe to review documents, purpose of the item, and the process if the item is not approved.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 12. Motion carried 4/0/0/1 by the following roll call vote:

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

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
September 22, 2025

Page 6 ends

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)

Engineering Director, Mike Beltran, introduced the item.

Mayor Lopez opened the public hearing. No one spoke. Mayor Lopez closed the public hearing.

Council and staff discussion included ensuring the City would not be losing money with the proposed charges, the equation, and a service to use for tracking and calculating usage.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 13. Motion carried 4/1/0/0 by the following roll call vote:

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

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)

Deputy Fire Chief, Dave Bickle, introduced the item.

Mayor Lopez opened the public hearing. No one spoke. Mayor Lopez closed the public hearing.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving item 14. Motion carried 5/0/0/0 by the following roll call vote:

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

NEW BUSINESS

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)

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
September 22, 2025

Page 7 ends

Engineering Director, Mike Beltran, introduced the item.

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

Council and staff discussion included how often task orders exceed $25,000, council and public oversight, future leadership, and communication.

*Item failed due to lack of a motion.

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS

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

Councilmember Vierra introduced the referral.

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

Council and staff discussion included what kind of format they would like the information, deliverables, and register of audited demands.

Council provided consensus for staff to bring back a review of City Attorney costs. (5/1 → No = Casey)

REFERRAL REQUESTS

Staffing Levels and Recruitments
(Requested by Vice Mayor Martinez)

REPORTS

• Mayor

Nothing to report

• City Council

Vice Mayor Martinez thanked the VFW and American Legion for the 9/11 event and mentioned Trunk-or-Treat.

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
September 22, 2025

Page 8 ends

Councilmember Vierra spoke regarding Code Enforcement, Senior Prom, Night Market, the Kabbadi Event, and thanked the Police Department.

Councilmember Casey thanked the Police Department for their response to an incident.
• City Manager
Nothing to report.
• City Attorney
Nothing to report
• Departments
Engineering Director, Mike Beltran, spoke regarding the ADA Ramp & Preservation Project and the Hatch Road Water Main Transmission Main Project.

Recreation Manager, Joey Chavez, spoke regarding the Senior Prom and Night Market.

Assistant Fire Chief, Andrew Hunter, spoke regarding the Fire Ops 101 training.

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
Mayor Lopez introduced Closed Session.

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

REPORT FROM CLOSED SESSION
Mayor Lopez reported there was no reportable action.

ITEM 4

DRAFT MINUTES
Regular City Council Meeting
September 22, 2025

Page 9 ends

ADJOURNMENT
The next 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.

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 4
ITEM 4

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: October 13, 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 September 10, 2025, through September 24, 2025
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated September 10 , 2025 , through September 24, 2025, covering obligations to be paid by general warrants in the amount of $3,291,307.99
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 September 10, 2025 through September 24, 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 5
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 $3,291,307.99 fiscal impact for the period of September 10, 2025, through September 24, 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 September 10, 2025, through September 24, 2025
ITEM 5

ATTACHMENT A
9/26/2025
1 Date Vendor Name PO# Invoice Description Amount 22600002 89.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 105.00
22600002 105.00
22600002 105.00
804.55
437.00
437.00
484.64
484.64
969.28
100.00
100.00

21.12 55.75

29.65 23.38

67.41 197.31
Voucher List
City of Ceres
FIRE AND SECURITY ALARM SERVICES @PW YARD
FIRE AND SECURITY ALARM SERVICES @MUS/WHITEMORE HS
FIRE AND SECURITY ALARM SERVICES @PW FIRE
FIRE AND SECURITY ALARM SERVICES @CC FIRE
Total:

FIRE AND SECURITY ALARM SERVICES AT @PARKS YARD
FIRE AND SECURITY ALARM SERVICES @COSTA FIELDS
FIRE AND SECURITY ALARM SERVICES @CITY HALL/ANNEX
FIRE AND SECURITY ALARM SERVICES @LEGION HALL
FIRE AND SECURITY ALARM SERVICES @RIVERBLUFF PARK
09/10/25 1ST SECURITY & SOUND, INC FIRE AND SECURITY ALARM SERVICES AT 11 FACILITIES FIRE AND SECURITY ALARM SERVICES @COMMUNITY CENTER
FIRE AND SECURITY ALARM SERVICES @WHITMORE MANSION
09/10/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC SEP 25 SCADA SERVER MONTHLY MONITORING Total:
09/10/25 ACCORD SYSTEMS, LLC JULY 25 ACA REPORTING FEE AUG 25 ACA REPORTING FEE
Total:
09/10/25 209 MULTIMEDIA CORPORATION Q3 2025 TCP LEGAL NOTICE Total:

SAFETY GLASSES WIPES

PARKING BRAKE CABLE
Total:
09/10/25 AMAZON CAPITAL SERVICES, INC. MOUNTING BRACKET FOR COMPUTER UPS FUSES

SAFETY GLASSES, WEED TRIMMER, AIR FILTER
ITEM 5

ATTACHMENT A
9/26/2025
2 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres

32.24 120.13
159.03

31.20 214.66
498.03
162.66

64.04 60.85
155.40
149.78

41.05 64.13

62.81 1,816.01
265.00
22600004 4,666.00
4,931.00
818.58
818.58
4,059.20
4,059.20
22600008 23,744.00
23,744.00
154.76
116.07
270.83
4,291.65
4,291.65
07/20/2025 - 08/19/2025 CALNET
07/20/2025 - 08/19/2025 CALNET
07/20/2025 - 08/19/2025 CALNET
07/20/2025 - 08/19/2025 ATT T-1 LINE
07/20/2025 - 08/19/2025 CALNET
09/10/25 AT&T 07/20/2025 - 08/19/2025 CALNET
07/20/2025 - 08/19/2025 CALNET
07/20/2025 - 08/19/2025 CALNET

THE TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERVICES
Total:
09/10/25 BIG T HYDRAULIC INC. LIFT CYCLINDER FOR CRANE TRUCK UNIT 2026324 07/20/2025 - 08/19/2025 CALNET
Total:
09/10/25 BEAR ELECTRICAL SOLUTIONS, INC TRAFFIC SIGNAL RESPONSE 07/20/2025 - 08/19/2025 CALNET
07/20/2025 - 08/19/2025 CALNET
07/20/2025 - 08/19/2025 CALNET
07/20/2025 - 08/19/2025 CALNET
07/25/2025 - 08/24/2025 CALNET
Total:
09/10/25 CALIFORNIA LANDSCAPE SUPPLY, INC. FILL DIRT FOR SERVICE LINE REPAIR @ NAPA CT Total:
09/10/25 BRIGHTVIEW LANDSCAPE SERVICES, INC LANDSCAPE SERVICES FOR CITY PARKS Total:
09/10/25 BRIAN ALBONETTI POLICE BG
Total:

FILL DIRT FOR SERVICE LINE REPLACEMENT @ LUNAR RD
Total:
09/10/25 CALIFORNIA SURVEYING & DRAFTING SUPPLY INC HP DRAFTING PLOTTER/INK & PARTS JUL 2025-JUN 2026 ITEM 5

ATTACHMENT A
9/26/2025
3 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
595.00
545.00
1,140.00

25.00 25.00
22600030 669,331.58
669,331.58
148,385.39
148,385.39

93.95 93.95

80.00 80.00
154.15
154.15
128.00
128.00

80.00 80.00
22600032 3,000.00
3,000.00
22600034 75,010.83
249,994.46
325,005.29
22500044 3,588.00
3,588.00
AUGUST 25 CAR WASHES FOR PW
Total:
09/10/25 CERES BODY SHOP, INC EMERGENCY TOW - STREETS TRUCK 09/10/25 CAR WASH PARTNERS, INC. AUGUST 25 CAR WASHES FOR POLICE Total:
09/10/25 CITY OF MODESTO 07/21-08/25/25 - WTR SVCS F/S #2 Total:
09/10/25 CITY OF MODESTO 6/30-7/31/25 NORTH CERES SEWER SRVCS FY24/25 HOS Total:
09/10/25 CITY OF MODESTO SEP 25 CERES FIRE SRVS CONTRACT Total:
09/10/25 DEPT OF JUSTICE ACCOUNTING OFFICE JULY 25 FINGERPRINT APPS Total:
09/10/25 DASH MEDICAL GLOVES, LLC NITRILE GLOVES
Total:
09/10/25 CONDIT, GARY MATTHEW PLANNING COMMISSION STIPEND - SEPTEMBER 2025 Total:
09/10/25 FIRE RISK MANAGEMENT SERVICES SPECIAL ASSESSMENT 02 Total:
09/10/25 BERNARD A LICATA HR CONSULTING PROJECT
Total:
09/10/25 DORIS DAKIN PEREZ PLANNING COMMISSION STIPEND - SEPTEMBER 2025 Total:

OCTOBER 2025 MED/VISION PREMIUMS
Total:
09/10/25 GDR ENGINEERING, INC. JUL 25 WELL 42-27 GAC VESSELS & BLENDING ARGMNT#5 ITEM 5

ATTACHMENT A
9/26/2025
4 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
532.35

37.80 42.80

42.80 456.30
936.60
802.80
1,258.95
696.15

37.80 42.80

36.75 47.25
130.00
1,065.75
696.15

31.50 42.80

42.80 115.00
140.00
140.00
130.00
105.00
105.00
7,715.15
22600018 1,820.00
1,820.00
WELL 22 BACTI SAMPLES

DIST WATER QUALITY SAMPLES

DRINKING WATER BACTI SAMPLES
W16 NITRATE SAMPLE

DIST NITRATE SAMPLE
W16 NITRATE SAMPLE

DRINKING WATER NITRATE SAMPLE

DRINKING WATER NITRATE SAMPLES
W22 BACTI SAMPLES
WELL 22 BACTI SAMPLES
09/10/25 GEOANALYTICAL LABORATORIES, INC WELL 22 BACTI SAMPLES TURLOCK EXPORT SAMPLE ANALYSIS #1

INFLUENT SAMPLE ANALYSIS

EFFLUENT SAMPLE ANALYSIS

EFFLUENT SAMPLE ANALYSIS
Total:

W16 NITRATE SAMPLE

DRINKING WATER NITRATE SAMPLES

DRINKING WATER NITRATE SAMPLES
AUG 25 MONTHLY SAMPLE ANALYSIS
TURLOCK EXPORT SAMPLE ANALYSIS #2

DRINKING WATER NITRATE SAMPLES

DIST BACTI SAMPLE

INFLUENT SAMPLE ANALYSIS
W16 NITRATE SAMPLE

AUG DIST BACTI SAMPLES
09/10/25 GROVER LANDSCAPE SERVICES, INC LANDSCAPE SERVICES FOR DOWNTOWN BUSINESS DISTRICT Total:

ITEM 5

ATTACHMENT A
9/26/2025
5 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
8,210.42
8,301.14
16,511.56

57.00 57.00
22600009 1,356.94
22600009 1,250.38
22600009 600.00
3,207.32
208.11
208.11
1,647.35
1,953.01
3,600.36

80.00 80.00
8,670.00
8,670.00

80.00 80.00

80.00 80.00
5,115.00
5,115.00
400.00
400.00
100.00

90.00 190.00
09/10/25 IEH-JL ANALYTICAL SERV INC. WATER QUALITY SAMPLES W28/38 & W39/40 Total:
09/10/25 HUNT & SONS LLC 8/15-8/31/25 FUEL FOR PD 8/15-8/31/25 FUEL FOR PW
Total:

Total:
09/10/25 INTERSTATE SALES TRAFFIC MARKERS
Total:
09/10/25 INTERNATIONAL MAILING EQUIPMENT STANDARD METER INK IX - 3/5/7 PRO SERIES 09/10/25 INDUSTRIAL ELECTRICAL CO. GENERATOR PREV MAINT FS #4 FS #16 GENERATOR ANNUAL SERVICE & LOAD TEST

GENERATOR PREVENTATIVE MAINTENANCE BLAKER PUMP
Total:
09/10/25 JAMMU, RULDIP PLANNING COMMISSION STIPEND - SEPTEMBER 2025 Total:
09/10/25 J.A. MOMANEY SERVICES, INC. 2 CROSSWALK RFP'S FOR CASWELL SCHOOL

TRAFFIC MARKERS AND BASES
Total:
09/10/25 ISHWAR GILL PLANNING COMMISSION STIPEND - SEPTEMBER 2025 Total:
09/10/25 MARTIN ANTHONY PINEDA 9/25/25 SENIOR CITIZEN PROM DJ Total:
09/10/25 LIEBERT CASSIDY WHITMORE CONSORTIUM MEMBERSHIP JUL25-JUN26 Total:
09/10/25 JOHNSON, DAVID J. PLANNING COMMISSION STIPEND - SEPTEMBER 2025 J. GOMES T3 CERTIFICATION REIMBURSEMENT
Total:

Total:
09/10/25 JONATHAN GOMES J. GOMES T3 EXAM REIMBURSEMENT ITEM 5

ATTACHMENT A
9/26/2025
6 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
2,689.00
2,689.00
946.00
946.00
215.00
215.00
215.00
215.00
2,689.00
2,689.00

63.11 31.76

93.28 222.05

28.26 438.46
3,475.69
3,475.69
22600006 1,407.63
1,407.63
866.04
683.80
580.50
1,001.54
3,131.88
977.28
1,259.92
2,237.20
Total:
09/10/25 KEVIN GALLENKAMP PER DIEM SWT SCH 10/20-31/25 09/10/25 JUAN RAMOS LODGING/PER DIEM SWT SCH 10/20-31/25 Total:
09/10/25 TYLER WILSON LODGING/PER DIEM SWT SCH 10/20-31/25 Total:
09/10/25 SHAWN HESS PER DIEM AVEVA CONVENTION 10/29/2025 Total:
09/10/25 MATTHEW WILLIAMS PER DIEM AVEVA CONVENTION 10/29/2025 09/10/25 MOTOR PARTS DISTRIBUTORS INC BREAKPADS,PATCHES,CLUTCH,FILTERS,AIR FILTER,SENSOR Total:
7/21/25 UNIFORM SERVICES FLEET
7/21/25 UNIFORM SERVICES WASTEWATER
9/1/25 UNIFORM SERVICES WASTEWATER
7/28/25 UNIFORM SERVICES FLEET
Total:

Total:
09/10/25 MISSION LINEN SUPPLY 7/14/25 UNIFORM SERVICES FLEET

RIGHT HAND STEP SUPPORT
Total:
09/10/25 NORTHSTAR CHEMICAL CL2 FOR W27
09/10/25 MUNICIPAL MAINTENANCE EQUIPMENT INC WATER LEVEL SENSOR KIT

SPRAY NOZZLES STOCK

RIGHT HAND DRAG ARM
09/10/25 MOTOROLA SOLUTIONS, INC OCT 2025 MOTOROLA RADIO MAINTENANCE Total:

CL2 FOR W41
Total:

ITEM 5

ATTACHMENT A
9/26/2025
7 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres

15.07 279.57
294.64

96.00 96.00

48.00 48.00
110.14
110.14
3,059.36
3,059.36
173.79
173.79
1,803.04
1,803.04
1,739.72
1,739.72
3,816.00
3,816.00
1,219.00
1,219.00
22500106 9,545.00
9,545.00
22600036 11,011.00
22600036 201,519.75
212,530.75
612.00
612.00
6,031.37
6,031.37
Total:
09/10/25 PORAC-PEACE OFFICERS RESEARCH ASSOC RESERVE OFFICERS DUES

MOTOR OIL
Total:
09/10/25 PORAC LEGAL DEFENSE FUND RESERVE OFFICERS LEGAL DEFENSE FUND 09/10/25 O'REILLY AUTO PARTS HOSE CONNECTOR
Total:
09/10/25 QUADIENT, INC. 09/14-12/13/25 POSTAGE MTR RNTL & ONLINE RATE MA Total:
09/10/25 PUMPTECH HOLDINGS, LLC REPAIR OF BOOSTER PUMP #5 Total:
09/10/25 PRICE FORD OF TURLOCK, INC. TAIL LIGHT
Total:
09/10/25 COUNTY OF SACRAMENTO TUITION: RAMOS/WILSON/GALLENKAMP 10/20-31/25 Total:
09/10/25 RELIASTAR LIFE INSURANCE COMPANY AUG 2025 ACCIDENT/ILLNESS HOSPITAL PLAN PREMIUMS Total:
09/10/25 R & S ERECTION TRI-COUNTY INC WRRF FRONT GATE REPAIR Total:
09/10/25 STANISLAUS ANIMAL SERVICES AGENCY ANIMAL CONTROL 1ST QRT DEBT SERVICE Total:
09/10/25 SNS AUTOMATION PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION Total:
09/10/25 SHARP ELECTRONICS CORPORATION SEP 1-31 2025 STANDARD PYMNT 8 COPIERS 1 PRINTER Total:

Total:
09/10/25 T-MOBILE USA, INC JUL 21- AUG 20 2025 T-MOBILE PHONE SVCS ANIMAL CONTROL 1ST QRT OPERATIONAL COST
Total:
09/10/25 STANISLAUS FOUNDATION DENTAL CARE TRUST MARCH 2025 DENTAL ADMIN FEES - FINAL MONTH ITEM 5

ATTACHMENT A
9/26/2025
8 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
2,134.99
1,571.44
3,706.43
22400056 7,973.01
22400039 1,269.30
22400056 5,077.29
22400039 423.10
14,742.70
22600019 720.00
720.00
262.67
262.67
23,751.91
23,751.91
279.69
279.69
888.40
1,263.72
2,152.12
22500066 13,572.61
13,572.61
22500055 1,920.00
1,920.00
22500131 1,910.00
1,910.00
310.00
310.00
09/10/25 RENTOKIL NORTH AMERICA INC WEED ABATEMENT ROUNDUP 20 CASES 09/10/25 TOP DOG POLICE K9 TRAINING AND CONSULTING K9 MONTHLY TRAINING Total:

JUL 25 TRAFFIC SIGNAL IMPROVEMENTS HSIPSL-524(077)
AUG 25 HSIPSL (076) MEDIAN INSTALLATION RESO23-129
AUG 25 TRAFFIC SIGNAL IMPROV HSIPSL-5241 (077)
Total:

WEED ABATEMENT CAPSTONE
Total:
09/10/25 TL ENGINEERING JUL 25 HSIPSL(076)MEDIAN INSTALLATION RESO23-129 09/10/25 UNITED SITE SERVICES RANGE TOILET RENTAL Total:
09/10/25 U.S. BANK VISA AUG 25 VISAS
Total:
09/10/25 TURF STAR INC REPLACEMENT FILTER AND KNOB FOR MOWER Total:
09/10/25 WEST COAST ARBORISTS, INC. GRID PRUNE PROGRAM 08/01-08/15/2025 Total:
09/10/25 THE WARDEN'S OFFICE INC. FINANCE REMODEL Total:
09/10/25 VALLEY TIRE SALES, INC. TIRES FOR SWAT TRUCK 10-190-03

STOCK TIRES
Total:
09/17/25 1ST SECURITY & SOUND, INC ADDED SIRENS TO CH & ANNEX Total:
09/10/25 WESTWOOD PROFESSIONAL SERVICES MAY 25 TOOR HACKETT SUB FINAL MAP RVW ARGMNT #5 Total:

ITEM 5

ATTACHMENT A
9/26/2025
9 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
138.00
115.00
115.00
368.00
1,418.50
1,418.50
162.45
282.00
108.36
806.10

40.09 1,399.00
155.55

31.20 186.75
581,885.84
581,885.84
22500145 1,528.50
1,528.50
302.36

25.00 813.54
624.42
1,765.32
610.00
610.00
220.00
323.68
996.39
1,540.07
09/17/25 209 MULTIMEDIA CORPORATION LEGAL AD: PH NOTICE CC#8-12 GRUB HUB LEGAL AD: PH NOTICE CC#8-15 - 25-29 CUP
LEGAL AD: PH NOTICE CC#8-10 CDRAB

LIGHT SWITCH, PLUG COVERS, LIGHT SWITCH COVERS
SOLAR BATTERY CHARGER UNIT 10-255-23

FLEET PRINTER

PULLY PULLER FLEET
Total:

Total:
09/17/25 AMAZON CAPITAL SERVICES, INC. WEED TRIMMER BODY & CABLE LUBE Total:
09/17/25 A STARS & STRIPES FLAG CORP CITY WIDE FLAGS 09/17/25 BLACK WATER CONSULTING ENGINEERS, INC 2025 URBAN WATER MANAGEMENT PLAN UPDATE Total:
09/17/25 BERTOLOTTI CERES DISPOSAL, INC AUG 2025 GARBAGE BILLING FRANCHISE FEE Total:
09/17/25 AT&T CALNET SVCS
07/20/2025 - 08/19/2025 CALNET
Total:

Total:
09/17/25 PARDY BOUNTHAVONG LABOR FOR AC UNIT AT PARK SHOP RADIATOR AND HOSES FOR UNIT 10228
Total:
09/17/25 BSK ASSOCIATES WATER QUALITY SAMPLES
09/17/25 BONANDER TRUCK & TRAILER INC. MOTOR MOUNTS FOR UNIT 10-228 REPAIR ON UNIT 10-203-21 PD
HOSES, TEES FOR UNIT 10-228

AC UNIT AT CCC

HVAC DUCT INSTALL ANNEX
Total:

ITEM 5

ATTACHMENT A
9/26/2025
10 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
167.98
167.98

25.00 25.00

50.00 276.95
276.95
380.00
380.00
689.40
397.31
1,086.71
438.90
460.41
899.31
268.24
103.89
157.86
363.62
146.98
1,040.59
540.25
540.25
22500024 66,518.45
66,518.45
09/17/25 CERES BODY SHOP, INC JACKED UP TRAILER UNIT 422319 FLAT TIRE TAHOE VEH #64 PD
Total:
09/17/25 CALIFORNIA LANDSCAPE SUPPLY, INC. ½ YARD OF CONCRETE FOR CURB AT 5TH AND LAURENCE Total:
09/17/25 CORELOGIC SOLUTIONS, LLC JUL METRO SCAN OLINE ACCESS STAN CO DATE, AERIAL

AUG METRO SCAN OLINE ACCESS
Total:
09/17/25 CHARTER COMMUNICATIONS INTERNET FOR SCADA Total:
09/17/25 CHARTER COMMUNICATIONS 9/1-9/30-25 INTERNET FOR WATERWORLD Total:

JOHNSON - UNIFORM PURCHASE

ACADEMY RECRUIT UNIFORM - MALONEY
Total:
09/17/25 CRESCENT SUPPLY UNIFORM PURCHASE - VIPS ARBAUGH

UNIFORM - VIPS FUGGHETT

JOHNSON - UNIFORM PURCHASE
09/17/25 COSTAR REALTY INFORMATION, INC. JULY 2025 COMM REAL ESTATE DATABASE AUGUST 2025 COMM REAL ESTATE DATABASE
Total:
09/17/25 DOKKEN ENGINEERING CROWS LANDING RD REHAB PROJ RESO#2024-121 - FY24/2 Total:
09/17/25 DITTOS COPY CENTER, INC. ADMIN CITE BOOKLETS Total:

ITEM 5

ATTACHMENT A
9/26/2025
11 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
3,328.89
144.84
635.77
573.03
317.44
203.02
5,202.99
126.00
126.00
670.33

70.57 524.24
1,265.14
1,275.00
1,275.00
326.99
347.79
674.78
2,106.96
520.29
293.35
3,973.17
307.03
5,778.02
795.16
-3,547.30
10,226.68
09/17/25 FERGUSON US HOLDINGS, INC ANGLE CURB STOPS GATE VALVE WELL #22
PVC 4" PIPE FOR STOCK
09/17/25 GREEN RUBBER-KENNEDY AG FITTINGS AND HOSE TO CLEAN OUT STREET SWEEPERS BUSHING- NOZZLE @ WELL #22
½" TUBING CL2 INJECTION
09/17/25 FORD MOTOR COMPANY PD TELEMATICS
Total:

G5-BOXES @ MITCHELL & SERVICE
4" PIPE REPAIR @ CHRISTIAN TERRANCE

SERVICE LINE REPLACEMENT
Total:
¾ RUBBER GASKETS
Total:
09/17/25 HERITAGE LANDSCAPE SUPPLY GROUP, INC RB FALCON 6504 PC ROTOR Total:
09/17/25 HD SUPPLY, INC ¾ RUBBER GASKET
Total:
09/17/25 GROVER LANDSCAPE SERVICES, INC PRUNE PLAMS @ WRRF

REDWOOD PARK REPAIRS
IRRIG PARTS FOR SMYRNA PRK CR INV0012822366-001
Total:

WRENCH/NOZZLE CENTER STRIP

PIPE CUTTER/EXTENDABLE WRENCH

IRRIGATION VALVES, SPRINKLERS, FITTINGS

TREE STRAPS

PARK IRRIGATION
ITEM 5

ATTACHMENT A
9/26/2025
12 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
291.50
233.20
233.20
757.90
110.91

74.61 97.54
1,689.00
1,972.06
2,831.93
16,314.15
14,050.26
300.00
33,496.34
589.56
589.56
286.00
286.00
175.00
175.00
215.00
215.00
278.00
278.00
737.20
737.20
175.00
175.00
215.00
215.00
Total:
09/17/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES 09/17/25 IIA LIFTING SERVICES, INC CRANE INSPECTION UNIT 2026324 CRANE INSPECTION UNIT 2026019
MANLIFT INSPECTION UNIT 2022820
NEW BATTERY FOR GENE AT FS16
Total:
09/17/25 J.A. MOMANEY SERVICES, INC. 16 LED TRAFFIC SIGNAL ARROWS 09/17/25 INDUSTRIAL ELECTRICAL CO. AREATOR 30HP MPOTOR INSTALL & BALANCE AREATOR 3-3 MOTOR REPLACEMENT
WRRF INFLUENT PUMP #3 REPAIR
CUSTODIAL SUPPLIES FS 15

TOWEL DISPENSER

CUSTODIAL SUPPLIES
Total:

Total:
09/17/25 BOBBY TITUS PER DIEM AVEVA CONVENTION 10/29/2025 Total:
09/17/25 ANGELICA MARTINEZ PER DIEM CACEO MOD 3 10/13-17/25 Total:
09/17/25 JANA KIRCHERT 9/2-11/25 GET FIT/ZUMBA GOLD CLASSES Total:
09/17/25 JACK TAYLOR PER DIEM MOD 3 CACEO 10/13-17/25 Total:
09/17/25 DOUG DUNFORD D.DUNFORD: 2025 LOCC ANNUAL CONF Total:
09/17/25 DANIEL MARTINEZ D.MARTINEZ: 2025 LOCC ANNUAL CONF Total:

Total:
09/17/25 JOSHUA CASAS PER DIEM AVEVA CONVENTION 10/29/2025 ITEM 5

ATTACHMENT A
9/26/2025
13 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres

10.00 53.34
105.52

38.24 36.40

36.40 42.40

42.40 28.04
-355.00
113.48
151.22
189.38
189.38
250.00
250.00

27.93 278.84
306.77
15,986.25
15,986.25
198.69
217.33
184.05
600.07

54.84 54.84
2,405.57
2,405.57
9/8/25 N UNIFORM SERVICE PARKS
9/15/25 UNIFORM SERVICE PARKS
9/8/25 UNIFORM SERVICE FACILITIES

CREDIT FOR RETURNED UNIFORMS
9/8/25 UNIFORM SERVICE WATER/ WATER CONSERVATION
9/8/25 UNIFORM SERVICE WASTEWATER
9/15/25 UNIFORM SERVICE WASTEWATER
9/8/25 UNIFORM SERVICE STREETS
7/28/25 UNIFORM SERVICE PARKS
7/14/25 UNIFORM SERVICE PARKS
09/17/25 MISSION LINEN SUPPLY 9/8/25 MATS FOR PW ADMIN BUILDING Total:
09/17/25 MODESTO WINDUSTRIAL CO PIPE CUTTER TOOL
Total:
09/17/25 MODESTO POLICE DEPARTMENT TRAINING UNIT TUITION DUI COURSE 09/29-10/1/25 Total:
09/17/25 MODESTO COLOR CENTER 5 GAL OF YELLOW TRAFFIC PAINT/1 GAL BLUE PAINT

BATTERY/ BATTERY FEE

BATTERY/ BATTERY FEE
Total:

Total:
09/17/25 O'REILLY AUTO PARTS FUEL PUMP UNIT 10-244-13 GLOBE VALVE @ WELL #22
Total:
09/17/25 NORTHSTAR ENGINEERING GROUP, INC. PROFESSIONAL SERVICES THROUGH 8/31/25 09/17/25 BEN-KO-MATIC CO GEL COAT REPAIR
Total:
09/17/25 ODP BUSINESS SOLUTIONS, LLC BINDERS & MAILING LABELS Total:

ITEM 5

ATTACHMENT A
9/26/2025
14 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
322.37
322.37
135.00
135.00

74.47 74.47
22500109 1,501.15
1,501.15
340.80
126.93
104.19
571.92
781.00
781.00
264.80
264.80
22400061 6,809.35
6,809.35
103.11
103.11

83.15 83.15
166.30

37.32 37.32

12.69 12.69

49.57 49.57
09/17/25 PRESSURE WASHER CENTER INC. PRESSURE WAND & FILTER Total:
09/17/25 PROVOST AND PRITCHARD ENGINEERING, INC WELL 22 GRANULAR ACTIVATED CARBON TREATMENT VESSEL Total:
09/17/25 PB LOADER CORPORATION FILTER FOR PATCH TRUCK Total:
09/17/25 PACIFIC STORAGE COMPANY PD SHREDDING
Total:

Total:
09/17/25 KIMBERLITE CORPORATION RANGE MONITORING CANCELLED SVCS Total:
09/17/25 SJVAPCD ATTN: FINANCE PERMIT RENEWAL FOR N4967 GENERATOR @ BLAKER RES 09/17/25 SAFE T LITE OF MODESTO INC 8 STREET NAME SIGNS SAFETY EQUIPMENT FOR J. NASH
RAIN GEAR FOR C. MARTINEZ
Total:
09/17/25 M AND D FAMILY ENDEAVORS, INC K9 FOOD - FIONA Total:
09/17/25 TURF STAR INC LATCH FOR HANDLE ON PARKS MOWER Total:
09/17/25 TL ENGINEERING JUL 25 BIKE LANE CORRIDORS CLASS II CML-5241(074) Total:
09/17/25 CUNNINGHAM, LEROY UB REFUND 0100 Total:
09/17/25 CONNEL, WANDA UB REFUND 0200 K9 FOOD - ONYX
Total:
09/17/25 BURTON, JASMINE NICOLE UB REFUND 0470 Total:

ITEM 5

ATTACHMENT A
9/26/2025
15 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres

66.12 66.12

43.54 43.54
227.16
227.16

29.63 29.63

9.72 9.72

38.54 38.54

21.36 21.36

19.93 19.93

55.59 55.59

22.63 22.63

17.76 17.76
852.29
852.29
140.11
140.11

50.20 50.20
Total:
09/17/25 FLOREZ, ESTHER UB REFUND 0290 Total:
09/17/25 FLORES, ESMERALDA MORALES UB REFUND 0270 09/17/25 CUSTOM DECOR CABINETRY UB REFUND 0170 Total:
09/17/25 KASSIM, NASHER Y UB REFUND 0010 Total:
09/17/25 JULI ANN GENTRY UB REFUND 0830 Total:
09/17/25 HERNANDEZ, SERGIO UB REFUND 0060 Total:
09/17/25 RELIANT PROPERTIES LLC UB REFUND 0080 Total:
09/17/25 REDDING PROPERTY MANAGEMENT UB REFUND 0130 Total:
09/17/25 MITSOPOULOS, LEO UB REFUND 0100 Total:
09/17/25 THRIFTY PAYLESS INC #06003-02 UB REFUND 2110 Total:
09/17/25 SINGH, SALINDER UB REFUND 9760 Total:
09/17/25 REYES, FRANCISCO UB REFUND 0020 Total:

Total:
09/17/25 VARGAS, JOSEPH UB REFUND 0150 Total:
09/17/25 VALLEYWIDE PROPERTY MANAGEMENT UB REFUND 0020 ITEM 5

ATTACHMENT A
9/26/2025
16 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
503.40
304.11
548.26
917.65
-557.07
1,716.35
2,931.66
2,931.66
227.59
223.01

86.22 -122.70
414.12
230.00
138.00
115.00
483.00
279.21
279.21
114.76
114.76

14.73 26.54

97.23 27.30
1,729.23

28.82 1,923.85
22600017 6,505.00
6,505.00
09/17/25 VALLEY TIRE SALES, INC. 4 TIRES FLEET
09/17/25 WILLE ELECTRIC SUPPLY, INC. FUSES FOR HEADWORKS SCREEN

AERATOR STRAIN RELIEF

LABEL MACHINE FOR WIRES
09/17/25 VERIZON WIRELESS AUG 5 - SEP 4 2025 VERIZON SV Total:
2 TIRES FOR FLEET DEPT
6 TRAILER TIRES UNIT 20-415-16T
4 TIRES FOR AVA PICKUP UNIT 10-244-13

RETURNED FOR A CREDIT
Total:
09/24/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC SEPT 25 SCADA SYSTEM MANAGED BACKUPS Total:

LEGAL AD - BINGO HALL ORDINANCE
CC#-9 PUB HRNG NOTICE
Total:

RETURN WIRE FOR SCADA @ WELL #22
Total:
09/24/25 209 MULTIMEDIA CORPORATION CC#9-1/PUB HRNG FIRE FLOW ORD (159415)

REPLACEMENT OUTDOOR LIGHTBULBS

WATER FILTER STATION
3 JAW PULLERS KITS
Total:
09/24/25 AMAZON CAPITAL SERVICES, INC. REPLACEMENT LIGHT FOR EASEMENT TRAILER

REPLACEMENT LIGHT

OFFICE LIGHT SWITCH & COVER
09/24/25 AIRGAS USA, LLC SAFETY GLASSES- CLEANSING WIPES Total:
09/24/25 ANIMAL DAMAGE MANAGEMENT INC PEST CONTROL SERVICES FOR ALL CITY FACLITIES/PARKS Total:

ITEM 5

ATTACHMENT A
9/26/2025
17 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres

31.54 31.54
824.80
363.02

90.25 31.12

31.12 1,340.31
5,079.33
5,079.33
1,520.40
1,520.40
885.00
885.00

30.72 22600035 8,151.12

28.62 6.31
181.27
-738.91
675.35
-675.35
389.61

7.27 210.36
8,266.37
22600029 6,993.25
22600038 1,308.24
8,301.49
09/24/25 AT&T 07/07-08/06/25 SUPERTRUNK
07/20/2025 - 08/19/2025 CALNET
08/06 - 09/05/2025 CALNET SVCS
09/24/25 AT&T 09/07-10/06/25 FIRE ALARM SVCS
Total:
09/24/25 BADGE FRAME, INC PERPETUAL AWARD PLAQUE
Total:
09/24/25 AT&T SEP 5 - OCT 5 2025 SHORETEL
Total:
08/06 - 09/05/2025 CALNET SVCS
08/06 - 08/05/2025 CALNET SVC
Total:

SERVICE ON UNIT 25-291-16 PD
TRANSMISSION LINE /GASKET UNIT 10-228-20
SERVICE ON UNIT 10-133 PD
Total:

OIL FILL TUBE UNIT 10-228
LOWER ROAD HOSE FOR UNIT 10-228
CREDIT/RETURN HOSE UNIT 10-228
HOSES AND RADIATOR UNIT 228
RETURN/ CREDIT HOSE AND RADIATOR UNIT 228
09/24/25 BONANDER TRUCK & TRAILER INC. HOSES FOR UNIT 10-228

POLICE SERGEANT VEHICLE REPAIR
VACUUM TUBE UNIT 10-228
09/24/25 BAY ALARM COMPANY CAMERA & ALARM REPAIR
Total:
09/24/25 BSK ASSOCIATES AUG 25 OBSERV./MATERIALS TESTING RICHLAND SIDEWALK AUG 25 (ISA) HAZARDOUS MATERIAL WASTE BIKE LN (074
Total:

ITEM 5

ATTACHMENT A
9/26/2025
18 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
143.60
143.60
143.60
143.60
143.60
143.60

23.21 884.81
22600042 5,740.00
5,740.00
378.75
378.75
125.22

39.92 -49.48
115.66
256.19
256.19
101.00
101.00
74,400.40
74,400.40
460.41
460.41
353.40
353.40

62.05 66.38
128.43
FIBER FOR PLAYGROUND @ RIVERBLUFF
FIBER FOR PLAYGROUND @ RIVERBLUFF
FIBER FOR PLAYGROUND @ RIVERBLUFF
FILL DIRT @ ROEDING LEAK SERVICE LINE REPLACEMENT
Total:
09/24/25 CALIFORNIA LANDSCAPE SUPPLY, INC. FIBER FOR PLAYGROUND @ RIVERBLUFF FIBER FOR PLAYGROUND @ RIVERBLUFF
FIBER FOR PLAYGROUND @ RIVERBLUFF
09/24/25 CENTRAL SANITARY SUPPLY, LLC CARPET CLEANING KIT

SCRUBBER PARTS/ REPAIR

CUSTODIAL SUPPLIES
09/24/25 CARLSON SCALE, INC. SCALE- HOOK-UP WELL #22 Total:
09/24/25 AMANDA FENTON JULY2025 GRANT WRITING SERVICES Total:

Total:
09/24/25 CITY OF TURLOCK AUG25 TURLOCK SEWER USE CHARGES 8/1-8/31/25 Total:
09/24/25 CITY OF CERES "PETTY CASH" JUL 2024 - JUN 2025 Total:
09/24/25 CERES UNIFIED SCHOOL DISTRICT SUMMER LIFEGUARD CERTIFICATION Total:
09/24/25 CRESCENT SUPPLY RECRUIT UNIFORM - MALONEY Total:
09/24/25 CR RANCH, INC. BOARDING FOR K9 ODIN
Total:
09/24/25 COSTAR REALTY INFORMATION, INC. SEPTEMBER 2025 - COMM. REAL ESTATE DATA BASE

RECRUIT UNIFORM - MCCLAIN
Total:

ITEM 5

ATTACHMENT A
9/26/2025
19 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
5,400.00
5,400.00

73.93 54.05

69.58 49.70
247.26
162.00
162.00
1,050.00
1,050.00
22500130 3,090.00
22500130 6,180.00
9,270.00
22600021 33,276.00
22500108 19,554.70
52,830.70
135.00
135.00
270.00
1,016.52
2,515.37
3,531.89

31.86 31.86
2,677.00
2,677.00
520.00
520.00

OFFICE WATER-PW
OFFICE WATER- WATER DEPT.

OFFICE WATER-WATER DEPT.

Total:

Total:
09/24/25 DAIOHS USA INC. OFFICE WATER-PW
09/24/25 DAANISH TECHNOLOGIES SCADA RADIO DESIGN
09/24/25 E SOURCE COMPANIES LLC WATER AUDIT COMPILATION AND VALIDATION JULY

WATER AUDIT COMPILATION AND VALIDATION AUGUST
Total:
09/24/25 DU-ALL SAFETY, LLC AUG 25 SAFETY CONTRACT Total:
09/24/25 DEPT OF JUSTICE ACCOUNTING OFFICE AUG 25 PRE-EMPLOYMENT FINGERPRINTS Total:
09/24/25 FERGUSON US HOLDINGS, INC MKE POWER LIGHTING EQUIPMENT

POWER JACK HAMMER
Total:
09/24/25 ELEVATOR TECHNOLOGY, INC. ELEVATOR SERVICE @ CCC ELEVATOR SERVICE @ PD
Total:
09/24/25 EIDE BAILLY LLP AUG 2025 ACCOUNTING CONSULTING SERVICES AUDIT JUL 2025 ACCOUNTING CONSULTING SERVICES
Total:
09/24/25 GARYS FENCING & WIRE SUPPLY, INC EMERGENCY REPAIR TO GATE COSTA Total:
09/24/25 FORVIS MARZARS, LLP FYE24 CITY REPORT
Total:
09/24/25 FISHER SCIENTIFIC COMPANY, LLC SAMPLER THERMOMETER Total:

ITEM 5

ATTACHMENT A
9/26/2025
20 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
696.15
696.15
21,531.62
21,531.62
1,639.14
258.53
1,897.67
413.26

70.01 3.05
486.32
125.00
125.00

36.00 36.00
164.68
151.44
747.57
960.81
119.42
698.51
2,842.43
22600009 250.00
22600009 250.00
22600009 250.00
22600009 250.00
22600009 250.00
22600009 250.00
22600009 250.00
1,750.00
09/24/25 GRAINGER GLUE/ PAINT FOR USA/GREASE
PRIMER
Total:
09/24/25 GOVINVEST, INC. 2025 COSTING MODULE
Total:
09/24/25 GEOANALYTICAL LABORATORIES, INC AUG 25 DISTRIBUTION BACTIS Total:

Total:
09/24/25 HUGHSON FARM SUPPLY SPRAY UNIT FOR PARKS Total:
09/24/25 HAO VAN LE PRECISION MONTHLY ANALYSIS SEPT 25 09/24/25 GREEN RUBBER-KENNEDY AG HOSE ADAPTER & FLASHLIGHT FOR FLUSHING TRUCK

WIRE HOSE AND HOSE GASKETS PARKS

PIPE FITTING
Total:
09/24/25 INDUSTRIAL ELECTRICAL CO. GENERATOR PREVENTATIVE MAINT WWTP LAGOON & AERATOR CUSTODIAL FOR FS 15

CUSTODIAL SUPPLIES

CUSTODIAL SUPPLIES
CUSTODIAL SUPPLIES FS 15
Total:
09/24/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES GENERATOR PREVENTATIVE MAINTENANCE @WELL #34
Total:

GENERATOR PREVENTATIVE MAINTENANCE ADMIN & CONTROL
PORTABLE GENERATOR #2 PREVENTATIVE MAINTENANCE

GENERATOR PREVENTATIVE MAINT HEADWORKS & PUMPS
PORTABLE GENERATOR #1 PREVENTATIVE MAINTENANCE
GENERATOR PREVENTATIVE MAINTENANCE @ WELL #35
ITEM 5

ATTACHMENT A
9/26/2025
21 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
500.00
500.00
128.32
128.32
933.11
933.11

75.00 75.00
250.00
250.00

50.00 50.00

10.00 10.00

54.06 43.18
217.32

42.40 376.76

28.26 64.63

28.04 73.48

73.48 1,021.61
189.17
189.17

7.03 7.03
Total:
09/24/25 MIDWEST MOTOR SUPPLY CO. INC. FLAP DISC
09/24/25 JOCELYN E. ROLAND PH.D., ABPP, INC PRE-EMPLOYMENT PSYCH TESTS FOR POLICE Total:
09/24/25 JAIME VILLEGAS SAFETY BOOT REIMBURSEMENT Total:
09/24/25 AMANDEEP SINGH WASHING MACHINE REBATE #177 Total:
09/24/25 M&G-4 13 INC. 9/25/25 SENIOR PROM EVENT FOOD 9/22/25 UNIFORM SERVICE FLEET
9/8/25 UNIFORM SERVICE FLEET
9/15/25 UNIFORM SERVICE FLEET
9/15/25 UNIFORM SERVICE FACILITIES
9/22/25 UNIFORM SERVICE WTR/WTR CONSERVATION
9/22/25 MATS FOR PW ADMIN BUILDING
9/22/25 UNIFORM SERVICE WASTEWATER
9/22/25 UNIFORM SERVICE STREETS
9/15/25 UNIFORM SERVICE STREETS
9/22/25 UNIFORM SERVICE PARKS
Total:
09/24/25 MISSION LINEN SUPPLY 9/15/25 MATS FOR PW ADMIN BUILDING Total:
09/24/25 VICKY BAKER SMART IRRIGATION CONTROLLER REBATE #176 Total:

Total:
09/24/25 MODESTO WINDUSTRIAL CO FLUSHING TRUCK HOSE REDUCER 9/15/25 UNIFORM SERVICE WTR/WTR CONSERVATION
Total:
09/24/25 MODESTO BATTERY COMPANY & SUPPLIES, INC. BATTERY FOR PARKS MOWER ITEM 5

ATTACHMENT A
9/26/2025
22 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
1,899.84
1,899.84
22600006 450.73
450.73
1,235.97
1,221.60
2,457.57
217.33

59.47 235.10
184.05

33.73 729.68
333.55
333.55
4,362.14
4,274.90
2,405.15
2,405.15
22500102 358,245.63
358,245.63
632.52
535.48
1,168.00
177.18
177.18
2,880.00
2,880.00
1,717.88
1,717.88
09/24/25 MOTOROLA SOLUTIONS, INC LPR BASIC SERVICE 7/31 - 08/01/2025 CL2 AT WELL# 41
Total:
09/24/25 O'REILLY AUTO PARTS BATTERY FOR FLEET
Total:
09/24/25 NORTHSTAR CHEMICAL CL2 FOR WELL #38/28
Total:
09/24/25 MOTOROLA SOLUTIONS, INC MOTOROLA RADIO MAINTENANCE 09/24/25 PACE SUPPLY CORP WATER MAIN PROJECT@ 6TH AND SHUSHAN Total:
09/24/25 ODP BUSINESS SOLUTIONS, LLC TONER, STENO PADS, SCISSORS Total:

FUEL PUMP FOR UNIT 10-244-13

MOTOR OIL/ WIPER BLADES

BATTERY FOR FLEET
COOLANT HOSE UNIT 10-228
Total:
09/24/25 PRICE FORD OF TURLOCK, INC. A/C COMPRESSOR UNIT 10-102-21 REPAIRS DONE ON UNIT 10-111-20 PD
Total:
09/24/25 PARADIGM CONSTRUCTION MGMT, INC WASTEWATER TREATMENT PLANT ADMIN BUILDING UPGRADE Total:
09/24/25 PACIFIC GAS & ELECTRIC AUG 2025 PG&E SVCS Total:
09/24/25 RELIASTAR LIFE INSURANCE COMPANY SEPT 25 ACCIDENT/ILLNESS/HOSP INS PREMS Total:
09/24/25 RAYMOND R. LOPEZ PERP & PAINT FOR TAHOE PD Total:
09/24/25 R&H WHOLESALE SUPPLY, INC DOOR LATCH L.H Total:

ITEM 5

ATTACHMENT A
9/26/2025
23 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
1,277.09
5,442.33
6,719.42
22500132 67,946.56
67,946.56
5,332.00
5,332.00

26.90 26.90

61.22 61.22
22500106 9,200.00
9,200.00
22600016 3,660.00
3,660.00
8,169.00
8,169.00
22600046 41,711.00
41,711.00
22600010 77,905.00
77,905.00
1,133.04
1,133.04
1,686.29
1,686.29
22500032 3,999.00
3,999.00
131,640.20
131,640.20
09/24/25 RICHARD A. LIND JR. M.D. INC. MAY - AUG 25 PRE-EMP SCREENING Total:
09/24/25 RH BORDEN AND COMPANY LLC SEWER LINE RAPID ASSESSMENT AND INFLOW & INFILTRAT Total:
09/24/25 REXEL USA, INC. SCADA TELECOMMUNICATION RADIO PARTS

WELL REPLACEMENT RADIOS SCADA
Total:
09/24/25 SNS AUTOMATION PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION Total:
09/24/25 SCHWAAB, INC 2 PE STAMPS - P. FLORES & E. SOITO Total:
09/24/25 SAFE T LITE OF MODESTO INC SIGN FOR CITY HALL Total:
09/24/25 STANISLAUS COUNTY SHERIFF'S DEPT SR 911 DISPATCH SERVICES Q1 Total:
09/24/25 STANISLAUS COUNTY SHERIFF'S DEPT MARCH POLICE ACADEMY TUITION - SINGH & MENDOZA Total:
09/24/25 STANISLAUS COUNTY AUDITOR-CONT RADIO MAINTENANCE Total:
09/24/25 TURF STAR INC WINDOW FOR WASTEWATER TORO Total:
09/24/25 SUNBELT RENTALS, INC. BOOM RENTAL PERSEPHONE PARK SCADA Total:
09/24/25 SUBSURFACE TECHNOLOGIES, INC WELL 22 REHAB Total:
09/24/25 TURLOCK IRRIGATION DISTRICT AUG 07 - SEPT 07 2025 Total:
09/24/25 INTELLIGENT MARKING USA INC. LINE STRIPERS & MTRLS, SUPPLIES FOR PARKS DIVISION Total:

ITEM 5

ATTACHMENT A
9/26/2025
24 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
2,300.00
2,300.00
581.82
581.82
6,324.11
6,324.11

23.57 292.50
316.07
3,291,307.99
09/24/25 U.S. BANK 6/1/25-5/31/26 ADMIN FEE SUCCESSOR CRA TARB 2015 Total:

Vouchers in this report Total vouchers:
09/24/25 VALLEY WIDE COOPERATIVE SAFETY GLASSES
2 PAIRS OF RUBBER BOOTS/ STEVEN & CHRISTAIN
Total:
09/24/25 VALLEY WATER COLLABORATIVE VALLEY WTR COLLA CONTRIBUTION AS REQUIRED BY SWRCB Total:
09/24/25 VALLEY TIRE SALES, INC. 4 TIRES FOR STOCK Total:

ITEM 5
Vendor: US BANK VISA
Check Date: 9/10/2025
Invoice No.: Aug-25
Invoice Descritpion: AUG 25 VISAS

CARD HOLDER CHARGE DESCRIPTION TOTAL

HANK UNRUH

PAINT ( CODE ENFORCEMENT), PLIERS, SCREWDRIVERS, PRYBARS, PVC POUPLER , WIRE BRUSHES, PAINT GUN PROTECTION PLAN (CODE ENF), CORDLESS PAINT GUN (CODE ENF), PAINT ROLLER PADS, TRAYS (CODE ENF), HANDHELD SPRAYERS (3), CHAINSAW SCABBARD, BAR SCABBARDS, CHAINSAW CHAPS, SHOP HOSE REEL PROTECTION PLAN, SHOP HOSE REEL, BABY POWER FOR ELECT GLOVES 793.57

MARK ANDERSON
PRINTER TONER CARTRIDGE, ZIP TIE PACK (4), USB-C ADAPTER (7), SPIRAL CABLE WRAP (2), TAPE (1), VESA MONITOR ADAPTER (5), MOUSE (5), ETHERNET PATCH CABLE PACK OF 10 (2), REPLACEMENT B/W LASER PRINTER 1,063.43

JOHN THOMAS
NOZZEL, HOSE 4" BRASS, VIV, COUPLING, HOSE, AIR TIP, GANG COVER, KNOCKOUT, BULB, BRUSH, LED TUBE LIGHT, PIN LAMP, LED TUBE, DIAL TIMER, 9V 6PACK, RETURN, SHVL, CABLE TIE, FILTER CARTRIDGE, NUT DRIVER, CRVD PLRS, LEG TIP 1", CONDUIT BODY 444.41 DYLAN W PALECEK OFFICE WATER - WATER DEPT, PW, 8/1-13/25 GPS TRACKING FOR STREET SWEEPERS & WTR CONSERVATION VEHICLE, OFFICE WATER - PW 248.16 BRYAN N FERREIRA KJ MOTOR PIN, CNT POLOS, LIGHT WEIGHT RIDING GLOVES, KJ DESK NAME PLATE, TRAFFIC HATS 673.94

AMERICO R CASTANEDA

TV STAND/ STREETS, U BOLT/ PARKS, VACUUM/PW ADMIN, INK PAK/ FACILITIES, CASTERS/ CCC, DRILL BITS / TOOLS, PLATE COVER/ ANNEX, LADDER/ TOOL, SAFETY BOOTS FOR ROY, VACUUM HOSE/ CUSTODIAL, SHELVES/ CH, ELECTRICAL / FS 15, SAFETY BOOTS FOR BELJICA, SAFETY BOOTS FOR RICHARD 1,872.58
DIRK NIEUWENHUIS CLOUD STORAGE FOR SOCIAL MEDIA/PR TEAM, COMPUTER MONITOR STAND FOR RECORDS DIVISION 45.74 TONI CORDELL SUBSCRIPTION FOR ONLINE PUBLICATION DESIGN SERVICES, CERES COURIER SUBSCRITION 124.99 JOSEPH CHAVEZ AQUATICS SUPPLIES, FITNESS ROOM EQUIPMENT 219.18 AARON R OJEDA-MORENO ANNUAL WORK BOOTS 250.00
FALLON MARTIN WATER FOR COUNCIL MEETINGS & CM/CEO MONTHLY MEETINGS, CM/CEO MONTHLY MEETING, IIMC MEMBERSHIP RENEWAL 413.01

MATTHEW SCOTT

ICE FOR SAMPLER, COMPRESSOR MOISTURE TRAP, COMRESSOR FITTINGS, NITRILE SAFETY GLOVES, HOME SUPPLY WAREHOUSE STORES, CREDIT FROM DOUBLE BILLING 111.21
ANGELICA HERNANDEZ REFRESHMENTS FOR ORAL PANEL, OFFICE SUPPLIES, DOT INVESTIGATIVE SERVICES 77.64

ABRAHAM OCHOA JR
FS 18/ SMOKE & CARB, PD/ GREASE CARTRIDGE, CITY HALL/ 12IN WHITE AND MATTE BLACK, FA 18 SMPKE &CARB REFUND, WORK BOOTS FOR ABRAHAM 318.48
JOSHUA CASAS FIRST AID KIT, SCREWDRIVERS, PLIERS, NUT DRIVERS 217.67 JESSICA PULLIAM OFFICE SUPPLIES, NIGHT MARKET EVENT VENDOR PAYMENT 300.71

MARCY PEDERSON

REPLACEMENT SPOOLS FOR DYMO LABEL MAKERS, PROMOTIONAL BAGS FOR NATIONAL NIGHT OUT, OPEN SOURCE PLATFORM FOR

INVESTIGATIONS, PHOTOS OF AWARD WINNERS FOR PERPETUAL PLAQUE, BADGES SHIPPED FOR REFURBISHING AND RENUMBERING, SHIP COINS TO LT. HUDSON AT FBI ACA 950.81
ELLEN EDMONDSON TOTES TO STORE WELL MANUALS, SCREENS FOR OPEN END PIPES ON THE WELLS 46.94

JOHNNY CARRILLO
PD- CAULKING, PLUMBING/ FS 17, ELECTRICAL / ANNEX, SCREWS, PLUMBING / FS 17, DISHWASHER/ FS 19, BOOTS FOR ROBERTO ESCAMILLA, WORK BOOTS FOR JOHNNY C 1,287.91

SHAWN W HESS

ICE FOR SAMPLER, COLLECTIONS CERT RENEWAL, RETURNED ROUTER, STEAM CLEANER RENTAL & DEPOSIT, CONCRETE GRINDER BLADES, STEAM CLEANER 2ND DAY RENTAL, STRECH WRAP & TOTES, MEMBERSHIP ORGANIZATIONS, EQUIPTMENT PAINT & SCRUB PADS 956.29 ITEM 5

CRYSTEL AGUILAR
CPRS MEMBERSHIP - C.AGUILAR, SENIOR - RECREATION SUPPLIES, SENIOR - RECREATION PROGRAMMING, SENIOR - INTERNATIONAL EVENT SUPPLIES 711.41
ROBERT HERRINGTON WASP SPRAY AND GREASE 120.85
SONIA LEDEZMA ORAL PANNEL LUNCH, STORAGE BOXES, INK FOR STAMP AND LABELS 210.45 TRENTON JOHNSON TRENTON JOHNSON / UNIFORM BOOTS, ROKU DEVICE FOR DEPT TV AND AUDIO CABLE 234.03 KHRISNA STITZELL REFUND FOR MISSING ITEMS, COOKING CLASS SUPPLIES, FAMILY AQUATIC NIGHT SUPPLIES 209.69

MICHAEL BELTRAN

WEARING & SAFETY APPAREL, OFFICE SUPPLIES, PROFESSIONAL DEVELOPMENT, CERTIFICATION - MICHAEL BELTRAN, CERTIFICATON - PAUL FLORES, OFFICE SUPPLIES - CHAIR 1,442.48
SCOTT KEYS PRINTING POSTAGE, PARTS 100.98
VERONICA GONZALEZ OFFICE SUPPLIES 113.07
JONATHAN FREDERICK ANNUAL SUPPORT - UNTANGLE APPLIANCE 1,587.60 TRAVIS HUDSON RENTAL CAR FOR FBI ACADEMY 716.78
JULIO AMADOR FUEL FOR UNIT #112 61.27

MICHAEL ESTACIO

RECHARGABLE BATTERIES METER HANDHELD, TIE DOWNS FOR SERVICE TRUCK, WIRE WHEEL FOR GRINDER ON VALVE TRUCK, SHOVEL & HAMMER FOR JOHN G TRUCK, VALVE TRUCK REPAIRS, HOT TAP TRAINING SUPPLIES, 9V BATTERIES 229.52 BOBBY TITUS ABORBER/ CAR FRESHENER, AA/AAA BATTERIES 78.82

SHAWN WALKER
MATERIALS FOR FOWLER EAST STORM LIFTSTATION REPAIR, BOOTS FOR EDUARDO STREETS DEPT., BOOTS FOR STEVEN GONZALEZ CODE

ENFORCEMENT, BOOTS FOR SHAWN WALKER STREETS, PROPANE FOR CORP YARD FORKLIFT, FLOATS FOR STORM LIFTSTATIONS FOWLER EAST, BLAKER (WWTP) 1,828.53
JOHN BANTA CLEANING SWABS 8.66

JULIAN AGUIRRE
KEYBOARD TRAY - UNDER DESK, SUBSCRIPTION TO CANVA FY25/26, HAMPTON INN AND SUITES - CLOVIS - 8/10/25 - 8/14/25 - ATTENDANCE AT ECON. DEV. C 934.12
REBECCA JOHNSON PRIME SUBSCRIPTION ( CANCELED WILL BE A CREDITED NEXT STATEMENT) 16.25 KEVIN HALEY PAPA SEMINAR, SIGNS AND PENS 164.15
MATTHEW WILLIAMS CRACK FILTER, MORTAR REPAIR, GROUT SAMPLES, PARKSON STARTERS & OVERLOADS 1,029.96 JEFFREY VARNI TRUCODETM ACADEMY WWW.CIVICALAW -WEBINAR HOUSING INSPECTION LAW, RICHLAND ACE HARDWARE -TRASH BAGS 87.09 MICHAEL VIERRA TRAINING TUITION FOR NARCOTICS CLASS 360.00

CRISTINA AGUILAR
7/22-8/21/25 ZOOM MEMBERSHIP SUBSCRIPTION, C.AGUILAR: IIMC 2025 ANNUAL MEMBERSHIP DEPUTY CITY CLERK, C.AGUILAR: NEW LAW CONFERENCE 11/12-14/2025, C.AGUILAR: CANCEL NEW LAW CONFERENCE 11/12-14/2025, BLUE PENS, YELLOW PAPER 205.23 JONATHAN BLOUNT SWAT OPERATIONAL PLANNING AND BRIEFING TRAINING - SGT MI. VIERRA, NATIONAL NIGHT OUT 2025 SUPPLIES 411.02 RICHARD SUFFECOOL RICHIE & JEREMY WORK BOOTS, VINCENT WORK BOOTS 725.03

ELYSE DAVIS-CAPOEMAN

REPLACEMENT KEYBOARD / MOUSE FOR SCADA OFFICE, SPARE IRRIGATION CONTROLLER KEYS FOR FIELD TECHS, TISSUES FOR WATER

WORLD BUILDING STAFF, NOTEBOOKS, KEYS STORAGE FOR COMSERVATION STAFF, ADAPTERS FOR SCADA COMMUNICATIONS EQUIPTMENT 309.34
KENNETH E VAUGHN BOTTOM RAILS FOR GOALS VANDALIZED, FREIGHT FOR SHIPPING RAILS 1,155.42 AL BURKETT MEMBERSHIP RENEWAL, TRASH PICKUP TOOL 283.49 Grand Total 23,751.91
ITEM 5

COUNCIL AGENDA REPORT

Trenton Johnson, Police Chief
[email protected], (209) 538-5725
Keith Griebel, Lieutenant
[email protected], (209) 538-5723
SUBJECT:

Resolution No. 2025 -XXX, Accepting California Office of Emergency Services 911 Award Money for the Purpose of
Upgrading the Current Ceres Police Department 911 Dispatch Center
RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council accept California Office of Emergency Services (Cal- OES) 911 award money for the purpose of upgrading the current Ceres Police Department 911 Dispatch Center.

I. BACKGROUND:

Cal-OES provides funding to law enforcement agencies for the purpose of keeping their 911 Dispatch Centers upgraded and technologically current.

Typically, Cal-OES provides funding for upgrades every five (5) years. However, the last upgrade Cal-OES provided for the Ceres Police Department was eight (8) years ago, in 2017. The reason they have given for the delay was due to Cal-OES attempting to establish a cloud -based platform for agencies to use. While this technology was being developed, Cal-OES stopped releasing funds to agencies in the state of California.

To date, this technology is still being developed. However, Cal -OES has realized that upgrades are needed for agencies that are past the five (5) year mark for upgrades. Ceres Police Department has been identified as one of the agencies needing upgrades to their 911 Dispatch Center.

The funding for these upgrades comes from a 911 tax that is charged to every citizen in the State of California on their phone bill. The award amount is determined by the size of our 911 Dispatch Center and how many 911 calls are received by the Center.

ITEM 6
II. REASONS FOR RECOMMENDATION:

Accepting this funding from Cal -OES will allow the Ceres Police Department’s 911 Dispatch Center to be upgraded to 2025 standards.

Staff have identified the following upgrades needed in our 911 Dispatch Center:
• Update the Center’s Call Processing Equipment
• Add an additional Call Taking Station:
o Furniture
o 911 Answering Point
• Implement AI features that will include Auto Translation III. FISCAL IMPACTS:

Cal-OES has awarded the Ceres Police Department $490,000.00 to be used towards upgrades to our 911 Dispatch Center. This is not a grant, and the money does not require matching funding from the City of Ceres . The Ceres Police Department does not determine the awarded amount but has the flexibility to choose wh ich upgrades are needed for their 911 Dispatch Center, up to the awarded amount.

A budget amendment is not required , as no money changes hands. However, staff will submit a subsequent staff report once the project list has been completed.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Acceptance of these funds fulfills the strategic plan for government operations to provide quality services to meet community needs, assuring that the City has properly equipped staff.

V. POLICY ALTERNATIVES:

Council could choose to not accept the funds from Cal-OES to upgrade our 911 Dispatch Center. Since the City of Ceres does not have adequate budgetary funding to provide these upgrades without the award money from Cal-OES, the needed upgrades to our 911 Dispatch Center would not be able to be completed.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, Staff will proceed with developing the project list to present to Cal-OES.

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

1. Attachment A – Resolution
ITEM 6
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2025-XXX
ACCEPTING CALIFORNIA OFFICE OF EMERGENCY SERVICES 911

AWARD MONEY FOR THE PURPOSE OF UPGRADING THE
CURRENT CERES POLICE DEPARTMENT 911 DISPATCH CENTER

THE CITY COUNCIL
City of Ceres
WHEREAS, California Office of Emergency Services (Cal-OES) 911 provides funding to law enforcement agencies for the purpose of upgrading their 911 Dispatch Center; and
WHEREAS, the Ceres Police Department has been awarded $490,00.00 to upgrade the Ceres Police Department Dispatch Center; and WHEREAS, the Ceres Police Department has the freedom to choose how best to upgrade the 911 Dispatch Center to meet 2025 standards; and WHEREAS, there is no cost to the City of Ceres or required matching funding.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept California Office of Emergency Services 911 award money for the purpose of upgrading the current Ceres Police Department 911 Dispatch Center.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof 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
ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 13, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Consideration to Cancel the Regularly Scheduled City Council Meeting of December 22, 2025
RECOMMENDED COUNCIL ACTION:

By minute order, cancel the second regularly scheduled City Council meeting of December 2 2, 2025.

I. BACKGROUND:

Section 2.02.010 of the Ceres Municipal Code specifies the regular meetings of the City Council shall be held on the second and fourth Monday of each month at 6:00 p.m. in the Ceres City Council Chambers.

The second regular meeting in December typically falls near the Christmas holiday and has traditionally been canceled due to the holiday season and potential lack of a quorum as well as to avoid public criticism of conducting business during a time in which people are away from the City or focused on other matters.

Cancellation of this meeting requires an affirmative vote of the City Council. The next regular scheduled City Council meeting will be held on Monday, January 12, 202 6.

Should a meeting be necessary before January 12, 2026, a special meeting can be called which requires a 24-hour notice with posting the agenda.

II. REASONS FOR RECOMMENDATION:

The second regularly scheduled City Council meeting in December 2024 falls on the week of the Christmas holiday, a time in which many take off work to be with family.

III. FISCAL IMPACTS:

There are no fiscal impacts associated with this item.

ITEM 7
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

1. To not cancel the December 22, 2025, Regular City Council Meeting.

2. To hold a Special Meeting in lieu of the c ancelled December 22, 2205, Regular City Council Meeting, pending room availability.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Clerk will post a Notice of Cancellation as prescribed by law, in the locations required by the City of Ceres on the Affidavit of Posting and the City website.

Approved by: ____________________
Douglas D. Dunford,
City Manager
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 13, 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, Approving the General Services Agreement for the Crows Landing and Morgan Road Striping Project to Sierra Traffic Markings Inc. in the Amount of $99,210.00, Authorizing a Contingency in the Amount of $10,000.00 (Totaling $109,210.00), and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to approve the general services agreement for the Crows Landing and Morgan Road Striping Project to Sierra Traffic Markings Inc., in the amount of $99,210.00, and a contingency in the amount of $ 10,000.00, totaling $ 109,210.00, and authorizing the City Manager to execute the contract.

I. BACKGROUND:

City Staff have identified the need for pavement striping on two key roadway segments.

The segment of Crows Landing Road between Whitmore Avenue and Service Road plays a vital role as a north -south arterial road serving a mix of residential, commercial, and regional traffic . Morgan Road south of Service Road to the City Limits serves as a secondary arterial for the industrial park in the south of town. Over time, the pavement striping has significantly deteriorated due to regular wear from high traffic volumes and weather exposure. The faded and inconsistent striping contributes to driver confusion and increased risk of collisions, particularly during nighttime or inclement weather conditions.

City Staff issued an informal bid request for pavement striping services to three qualified contractors: Chrisp Company, Sierra Traffic Markings Inc., and Womack Striping Inc. In response the City received one proposal submitted by Sierra Traffic Markings Inc. in the amount of $99,210.00. Staff has reviewed the proposal and determined that it meets the project scope and specifications.

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II. REASONS FOR RECOMMENDATION:

Staff recommends pavement restriping to restore proper lane delineation and improve roadway safety.

Based on the lack of other bids and the contractor ’s qualifications staff recommend awarding the contract to Sierra Traffic Markings Inc.

III. FISCAL IMPACTS:

This project is included and programmed in the Capital Improvement Program Budget for Fiscal Year 2026. The cost for the striping is $99,210.00, and includes a contingency in the amount of $10,000.00, totals $109,210.00. The following account/amount will be utilized:

27795.800500(2520) - $109,210.00

This project does not use any General Fund resources
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

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

V. POLICY ALTERNATIVES:

City Council can choose to direct staff to reject the proposal and publicly post the project with a similar or modified scope later or reject the proposal and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

Public participation is not planned.

VIII. ENVIRONMENTAL REVIEW:

The project is a CEQA Categorical Exemption as per Section 15301 (c) Existing Facilities.

IX. STEPS FOLLOWING APPROVAL:

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

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

1. Attachment A – Resolution

2. Attachment B – General Services Agreement
ITEM 8
ITEM 8

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING THE GENERAL SERVICES AGREEMENT FOR THE

CROWS LANDING AND MORGAN ROAD STRIPING PROJECT TO
SIERRA TRAFFIC MARKINGS INC. IN THE AMOUNT OF $99,210.00, AUTHORIZING A CONTINGENCY IN THE AMOUNT OF $10,000.00
(TOTALING $109,210.00), AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Engineering Department sent out a bid invitation to three qualified contractors; and

WHEREAS, the lowest responsive and responsible bid was received from Sierra Traffic markings, Inc., in the amount of $99,210.00; and

WHEREAS, a contingency in the amount of $10,000 may be necessary and appropriate to accommodate any unforeseen circumstances, bringing the total authorization to $109,210.00; and

WHEREAS, funding is available and included in account 27795.800500 (2520); and

WHEREAS, there is sufficient funding to construct said project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the general services agreement for the Crows Landing and Morgan Road Striping Project to Sierra Traffic Markings Inc., in the amount of $ 99,210.00, authorizes a contingency in the amount of $1 0,000.00 (totaling $ 109,210.00), and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 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
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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: October 13, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: David Bickle, Deputy Fire Chief / Fire Marshal [email protected], (209) 571-5553
SUBJECT:

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 9
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 a public hearing and then being brought back 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 – Municipal Code Changes

3. Attachment C – Public Hearing Notice
ITEM 9

ATTACHMENT A
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:

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ATTACHMENT A
CHAPTER 08 - CALIFORNIA FIRE CODE
Sections:

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 2. 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 ITEM 9

ATTACHMENT A
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, BB, D, E, F, G, H, I, K, N, P and division 1 California Administration and divi sion 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 b uildings 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 3. 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 4. 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
ITEM 9

ATTACHMENT A
SECTION 5. Section 15.0 8.060, Section 105.2 of the CFC amended, 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 6. Section 15.08.070, Section 105.6.8 of the CFC amended, 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 7. Section 15.08.080, Section 105.6.10 of the CFC amended, 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 8. Section 15.08.090, Section 105.6.16 of the CFC amended, 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.

ITEM 9

ATTACHMENT A
SECTION 9. Section 15.08.100, Section 105.6.25 of the CFC amended, 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 10. Section 15.0 8.110, Section 1 10.4 of the CFC amended, 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 11. Section 15.0 8.120, Section 312.2 of the CFC amended, 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,

ITEM 9

ATTACHMENT A

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 12. Section 15.0 8.130, Section 503 of the CFC amended, 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 13. 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:

ITEM 9

ATTACHMENT A
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. 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 14. 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 15. 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 16. Section 15.0 8.170, Section 603.8 of the CFC amended, 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.

ITEM 9

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

SECTION 17. 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 18. 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 ITEM 9

ATTACHMENT A
rating and a water hose, water truck or medium of dirt/sand shall be immediately available.

SECTION 19. 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 automat ically 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 mai n 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 20. 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 21. Section 15.0 8.220, Section 903.2 of the CFC amended, 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, ITEM 9

ATTACHMENT A
notwithstanding the use and 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.

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.

ITEM 9

ATTACHMENT A
SECTION 22. 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:

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 3. 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 24. Section 15.08.250, Section 5003.3.1.4 of the CFC amended, 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:

ATTACHMENT A
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 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 5. 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 2 6. Section 15.08.2 70, Section 5608.2 of the CFC added, 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 2 7. Section 15.08.2 80, Section 5608.3 of the CFC added, 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.

ATTACHMENT A
Fire Chief. An operational permit as outlined in CFC 105.5.16 is required before storage will be authorized.

SECTION 28. 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 29. 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.

ITEM 9

ATTACHMENT A
SECTION 30. 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:

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 31. 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 32. 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:

ITEM 9

ATTACHMENT A

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 33. 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 34. 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.

ITEM 9

ATTACHMENT A
(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 35. 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 36. 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.

ITEM 9

ATTACHMENT A
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 37. 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 9

ATTACHMENT A

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 38. 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
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 39. 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 40. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation on January 1, 2026, after its final passage and adoption.

SECTION 4 1. 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 ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted or proceeded with in all respects as if this ordinance had not been adopted.

SECTION 42. 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 9

ATTACHMENT A
SECTION 43. 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 44. 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 45. 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 9

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 9

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 9

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 9

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 9

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 9

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 9

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 9

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 9

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 9

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 9

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 9

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 9

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 9

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 9

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:

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

ITEM 9

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 9

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.

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. (Ord. No. 2020-1058, § 1, 3-23-2020)

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 9

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:

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 9

ATTACHMENT B
Residential numbers shall be illuminated from dusk to dawn.

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 9

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 9

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 9

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 9

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 9
ITEM 9

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.

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

/s/ Fallon Martin, City Clerk

Date Notice Posted: October 1, 2025 & October 8, 2025
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 13, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering/City Engineer [email protected], (209) 538-5775
SUBJECT:

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 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.

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

ITEM 10
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.

V. POLICY ALTERNATIVES:

1. Reject the Ordinance

2. Modify the Ordinance
ITEM 10
VI. INTERDEPARTMENTAL COORDINATION:

N/A.

VII. PUBLIC PARTICIPATION:

N/A.

VIII. ENVIRONMENTAL REVIEW:

CEQA is not required.

IX. STEPS FOLLOWING APPROVAL:

If adopted by the Ceres City Council, the ordinance will go into effect in 30 days.

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

1. Attachment A – Ordinance

2. Attachment B – Municipal Code Changes

3. Attachment C – Public Hearing Notice
ITEM 10
ITEM 10

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 added 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 10

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 ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted or proceeded with in all respects as if this ordinance had not been adopted.

SECTION 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 10

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.

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

ITEM 10
ITEM 10

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.

ATTACHMENT C

public hearing.

/s/ Fallon Martin, City Clerk

Date Notice Posted: September 10, 2025
ITEM 10

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: October 13th, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT: Public Works Monthly Report for August 2025
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

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

FACILITY SERVICES:
• Completed 137 Facilities Maintenance work orders including: 92 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 45 preventive maintenance services.
• Meet with two contractors for the remodel of the WWTP Office and Lab. Inspected the new roof and stainless-steel cabinets and counter tops. Contractor did quality work.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, one (1) Facility Maintenance Worker, and four (4) Custodians. Two vacant positions, one vacant position in Custodial and one in Facilities Maintenance.

FLEET SERVICES:

Completed 49 work orders.

Fleet, Department 20
ITEM 11
• 3 repairs
• Replace battery on 20-226-24
• Service 20-261-08
• Repair 20-413-21
• Compleat all crane and lift truck certification and inspections • Perform 2 clean truck checks

Fire, Department 15
• N/A

Police, Department 10
• Performed 16 Vehicle repairs
• Repair transmission issue on unit 110
• Send new K9 Tahoe out for upfitting
• Install replacement engine in unit 228

Streets, Department 30
• Performed 4 Vehicle and equipment repairs
• Service 1 vehicles
• Repair step and bracket on street sweepers

Water, Department 35
• Performed 9 Vehicle Repairs
• Service 2 vehicle
Parks, Department 40
• Perform 5 vehicle repairs
• Service Toro mower
• Repair Pressure Washer

Wastewater, Department 25
• Perform 5 vehicle repairs
• Replace wheel hub and bearings on disc
• Replace windshield on Toro mower
Facilities, Department 41
• 3 vehicle repairs
• 1 Service

Emergency and non-emergency City vehicles and equipment is maintained and repaired by one (1) Supervisor, two (2) Maintenance Mechanics , one (1) Vacant Senior Fleet mechanic position.

LANDSCAPE MAINTENANCE:

Completed a total of 358 service requests in the following categories:

ITEM 11
• Bike Path Repairs: 0
• City Grounds Maintenance: 18
• Park Landscape and Maintenance: 191
• Parks Landscape chemical usage: 0 gallons All Parks / Grounds / Dog Park • Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow pending delivery. • Playground and Equipment Inspections: 13
• Right of Way (ROW) Irrigation Repairs: 30 sprinklers • Park Trees: 48 Trimmed, 6 removals.
• Customer Requests Tree or Limb Down: 52
Parks sprinklers repaired or replaced:
• Barry Grove – 2 maintenances.
• Costa Fields – 0 maintenance.
• Don Pedro – 2 vandalisms.
• Independence – 4 vandalisms.
• Ochoa Park -- 3 Sprinkler System upgrades 5000 to 6504 • Dog Park – 1 maintenance.
• Neel Park – 5 maintenances.
• Persephone – 2 maintenances.
• Redwood – 1 maintenance.
• River Bluff – 5 vandalisms.
• Riverview – 1 maintenance.
• Roeding Heights – 2 maintenances.
• Sam Ryno – 2 maintenances.
• Smyrna – 3 vandalisms.
• Strawberry – 1 maintenance.
• Whitmore – 2 vandalisms.

Parks General Maintenance/Repairs:
• Graffiti removal at Sam Ryno (1), Strawberry (1), River Bluff (4), Roeding (3), Ochoa (1) Persephone (4), Smyrna (6), Don Pedro (2) Riverview (1) and Independence Park (1) By Parks crew
• Grid Prune Program Performed by West Coast Arborists (WCA):
• Grid # 3a 2024-2025 45% - Started 2/4/2025 trimmed 445 trees, 33 removals • Grid # 4 2021-2022 99% - Completed with 2,450 trees pruned. • Grid # 2 2022-2023 Started in July 2023 99% completed. • Grid # 1 2023-2024 Started in October 2023 97% completed. • Grid #5 2024 -2025 Started December 2024 98% completed with 368 trees trimmed, 27 removals.
• Currently handling emergency tree requests.
• Pending: 236 high risk, 18 removals, and 96 inspections for trims.

ITEM 11
Grounds

Rights of Way (ROWs):
• River Road: Water was shut off at River and Canyon Falls due to stolen backflow prevention assembly. Spread chips along river road from Moffet to Canyon Falls area.
• River Road and Central repaired irrigation. 12 sprinklers 2 valves no common wires, valve not in use.
• Repaired ROW irrigation on Boothe and Eastgate. Replaced 18 sprinklers Parks
City Parks:
• Playground fiber placement finished for River Bluff on 9/12/25. • Reset all SCADA in park.

Sam Ryno:
• Playground 5/12 slide damaged vandalism; 2/5 toddler swings damaged vandalism. Parts ordered.

Smyrna Park:
• Temp Repair to table at skate park due to vandalism. Possible removal. Monitoring • Repaired 1 broken lateral line in planters east of volleyball area next to walk area.

Vandalism
• Repaired 14 trees and stakes.
• Rotary Grove sprayed 3 times for wasp.

Costa Fields:
• Irrigation valve was replaced. Field 5

Neel Park:
• Playground damage 5/12 gravity spinner mat removed. Due to Vandalism. Still on back order. Estimated 6 to 8 months.

Roeding Park:
• Flushed Well due to sand sediment.
• Repaired one portions of the fence at tennis nets.
• Tennis nets continue to be destroyed.
• Changed 9 sprinklers due to sand.

Persephone:
• No report.

Independence Park:
• Playground closed due to Fire.
• Fixed fence due to vandalism.

ITEM 11
Riverview Park:
• Damaged 5/12 slide entrance area.
• Waiting on Playground parts for repairs from vandalism.

River Bluff Park:
• Repaired gate at entrance to lower area, gate and fence damaged to vehicles locked in bottom area and cut locks to bottom areas. Vandalism. • Playground area - replaced 5 sprinklers due to vandalism. • Playground area spray 4 times for wasp in playground. • Trimmed 15 trees.
• Mowed and trimmed Lower Terrace- River Bluff Park, watered Cross Country track around bottom areas. Cross Country has had 3 races so far.

Guillermo Ochoa Park:
• Repaired 5 trees and re-stakes.
• In the process of installing 25-6504 more sprinklers for better coverage.

City Parks Landscaping and Maintenance is performed by one (1) Supervisor, one (0) Sr.

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

SOLID WASTE & RECYCLING:

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

▪ Residential…………………….… 1,116.89 tons
▪ Commercial………………………. 1,663.98 tons
▪ Illegal dump/litter abate (code enforcement) 6.52 tons ▪ Illegal dump/litter abate (Public Works staff) 1.66 tons, 15 locations ▪ Illegal dump (Bertolotti) ………. 4.35 tons, 20 locations ▪ Bulky items…………………….… 36 tons,113 locations
▪ Bulky recycling………………….. 1.36 tons
▪ Leaf/limb ………...…………….… 12.06 tons
▪ Street Sweep………………….… 118.09 tons
▪ Residential Organics…………… 414.82 tons
▪ Commercial Organics…………. 152.73 tons
▪ Residential Recycle………….… 231.75 tons
▪ Commercial Recycle …………… 4.11 tons
▪ C&D (Construction/Demolition Debris) 3.65 tons ▪ Used oil…………………………… 337 gallons
▪ Used oil filter……………...……… 65
.
• There were 45 residential cart violations issued in August. • There was 1 request for the new leaf & limb collection services offered by Bertolotti made in August.
• There were 42 leaf & limb illegal disposal (off-season) violations issued in August.

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

ITEM 11
STREETS SERVICES:

• Staff responded to a total of 140 customer service requests. • Staff responded to 290 USA’s.
• Patched 365 potholes
• Eliminated 19 sidewalk offsets
• Responded to 5 locations for graffiti removal
• Responded to 5 locations for tree issues
• Repaired 50 streetlights
• Moffett at Caswell replaced RFB’s
• Replaced RFB batteries at 2608 Garrison
• 2608 Service Road assisted with marijuana eradication • Cleaned 9 DI’s (Drop Inlet)
• Cleaned 2 drywells
• Cleaned 15 storm drain lift stations
• Flushed 950’ of storm drain pipeline
• Performed one excavation with Vaccon for the water division

Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr. Maintenance Workers, (6) Streets Maintenance Operators, one (1) Street Sweeper Operator (2) part time Streets/Code Enforcement Maintenance workers.

WASTEWATER (WRRF):

• Responded to 5 customer service requests and 41 sewer problems, during working hours and after hours.
• Staff responded to 4 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• There was (0) SSO’s in August which resulted in (0) gallons spilled and recovered. • Serviced or Repaired:
• Lift Stations – 20
• WWTP Equipment – 25
• Main line sewer plugs – 0
• Aerators – 4
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.
• Staff performed pond discing and ripping for weed abatement and pond rehabilitation.
• Staff inspected the forced main to Turlock.
• Staff cleaned 32,807 feet of sewer main line.
• Staff CCTV inspected 7,103 feet of sewer main line.
• Staff continues the process of updating the Wastewater Discharge Report (WDR), and Sewer Master Plan (SMP). Staff collected data, attended meetings & tours regarding the Ceres Water Resource Recovery Facility upgrades.

ITEM 11
• SCADA Integrator, Jeff Burrows, and Wastewater Staff continued integrating treatment plant controls to the new SCADA system.
• SCADA communications are still suffering due to an unknown outside signal, which is inhibiting the ability for SCADA to communicate with remote sites. • Public Works staff and Jeff Burrows are working on a viable long -term solution to these communication issues. Loss of alarms at the lift stations could result in Sanitary Sewer Overflows and fines from the state.
• Staff attended training on Fire Extinguisher safety and procedures • August 4th Paradigm Construction began repairs and upgrades to Wastewater Administration building & needed repairs to surrounding buildings. Work is expected to be completed in early September.
• Wastewater Staff and Engineering Staff inspected repairs on a lateral in the alley behind 5th Street.
• Staff investigated and, with assistance from Streets department, repaired a sinkhole above wastewater’s export forced main to Turlock • Staff checked & marked 304 USA tickets, which took 44 hours; preventing contractors from damaging City sewer lines.
• City of Turlock sewer usage charge for the month of July $72,934.87 • City of Modesto sewer usage charge for the month of July $148,385.39 • Effluent Biochemical Oxygen Demand (BOD) 158 mg/L.
• The Wastewater Treatment Plant treated and disposed of 75.39 MG (Million Gallons) of wastewater with an average of 2.43 MGD (Million Gallons per Day).

Ceres Wastewater Treatment Plant and Collections System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, three (3) Operator-in-Training.
*Please note there remain two (2) unfilled Wastewater Operator positions. These positions remain unfilled due to the inability to recruit qualified licensed operators at the level of compensation offered.

WATER SYSTEM MAINTENANCE:

Water, Department 35

• August 2025 well production was 84.5 million gallons. • Treated Water delivered from SRWA was 150.79 million gallons. • Average water use for August was 2.73 million gallons per day. • Water staff responded to 22 customer service requests. • Water staff responded to 78 Underground Service Alerts (USA) markings. • Meter statistics and repairs:
• Meters in water distribution system: 11,908
• Meters/radios serviced: 82
• Meters replaced: 63
• Meters upgraded from ¾”, 5/8” to 1”: 3
• New meter installations: 2
• Meters tested for accuracy: 0
ITEM 11
• Total valves in water distribution system: 4,402
• Blow-offs and hydrants flushed: 1
• Water main leaks: 0
• Service line leaks: 8
• Service lines have been replaced: 3
• Hydrants replaced or reset: 0
• Water quality samples taken: 52
Water Conservation, Department 36

• August 2025 calculated residential gallons used per person per day: 98.04 gallons • Annual average is 73.04 gallons per person per day.
• Responded to 9 water conservation service requests.
• Water portal has 446 residents registered, which is 8 more than the previous month.
• Issued courtesy notifications: 5
• Performed 1 water audits
• Delivered 58 water waste warnings and issued 6 water waste fines. • Rebates Issued: Dishwasher: 1, Smart Irrigation: 0, ULF Toilets: 2, Washing Machine: 0, and Turf Replacements: 0
• Total Rebates YTD: 14

In previous reports, staff has reported water production data compared to a target -use capped total objective of 3,591 million gallons. The state has shifted away from target - based use and moved to what is called objective -based use. Under the “Making Wate r Conservation a California Way of Life” regulations, urban water suppliers are now mandated to calculate an Urban Water Use Objective ( UWUO). The UWUO is a water efficiency target set by the state to help cities and water suppliers use water more wisely.

It tells each agency how much water they should be using based on local conditions like population, climate, and land use. The chart below compares FY 2025/26 production data to date with the most recent UWUO.

0 50
100
150
200
250
300

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Million Gallons
Water Reduction
2025 Urban Water Use Objective
ITEM 11
Water system maintenance is performed by one (1) Superintendent, one (1) Supervisor, one (1) Administrative Analyst, two (2) Senior Water Operators, nine (9) Water Distribution Operators, two (2) Field Service Technicians, and one (1) Water Conservation Officer. There is currently one vacancy for Water Distribution Operator.

Approved by: __________________
Douglas D. Dunford,
City Manager
ITEM 11
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 13, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 202 5-XXX, Approving an Agreement with Animal Damage Management, Inc. for Pest Control Services for an Annual Amount of $82,735.00 and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommend the City Council approve an agreement with Animal Damage Management, Inc. (ADM) for Pest Control Services for an annual not to exceed amount of $82,735.00 and authorize the City Manager to execute the agreement.

I. BACKGROUND:

The City has contracted with ADM for Pest Control Services for the past ten (10) years, covering eleven (11) City facilities and fourteen (14) park sites. The current agreement is set to expire in October 2025. Effective pest management is essential to reduce liability associated with burrowing rodents, particularly gophers, which create safety hazards in public parks if left untreated. In addition, regular pest control in food preparation areas is required to meet health and safety standards, necessitating monthly treatment. To ensure continued service and competitive pricing, the City issued a Request for Proposals (RFP), on July 22, 2025.

II. REASONS FOR RECOMMENDATION:

The RFP for Pest Control Services at City facilities and park sites was advertised, resulting in one proposal submitted by ADM in the amount of $82,735.00 annually. ADM has consistently demonstrated competence and reliability in providing the full scope of pest control services required under the contract. Since first being awarded the contract in 2015, ADM has maintained a strong performance record and proven ability to meet the City’s needs. Based on their experience, reliability, and competitive pricing, staff recommends continuing services with ADM.

ITEM 12
III. FISCAL IMPACTS:

Funding for pest control services at City facilities and park sites has been incorporated into the adopted FY 2025/26 budget across multiple operating accounts in the total amount of $84,626.00. The new proposed contract amount of $82,735.00 is within the budgeted allocation. Expenditures will be charged to the following accounts:
• Facilities – Account No. 67941.029900
• Facilities – Account No. 26641.029900
• Parks – Account No. 27040.029900
• Parks – Account No. 26940.029900
• Streets – Account No. 56730.029900
• Sewer – Account No. 56725.029900
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The City’s Strategic Plan emphasizes the importance of maintaining safe, clean, and functional public facilities and infrastructure to serve both residents and staff. Ongoing pest control services directly support this goal by ensuring that City buildings and park sites remain well-maintained, accessible, and free of health and safety hazards. Regular treatment protects the quality and usability of these facilities, reinforcing the City’s commitment to providing welcoming community spaces that promote publi c safety, comfort, and overall quality of life.

V. POLICY ALTERNATIVES:
1) The City Council may direct staff to reject all proposals. This action would leave City facilities and park sites without contracted pest control services, which could negatively impact facility operations, cleanliness, and overall availability for public use.
2) The City Council could direct staff to re -advertise the RFP in an effort to solicit additional proposals. While this may broaden competition, it would also delay the procurement process and risk disrupting ongoing pest control services, potentially affecting staff operations, scheduled events, and community programs.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
ITEM 12
IX. STEPS FOLLOWING APPROVAL:

Following City Council approval, the City Manager will execute the agreement with Animal Damage Management , Inc. (ADM) and the contractor will commence services on November 1, 2025.

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

1. Attachment A – Resolution

2. Attachment B – Contract Agreement

3. Attachment C – Environment Control Proposal
ITEM 12
ITEM 12

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING AN AGREEMENT WITH ANIMAL DAMAGE MANAGEMENT,
INC. FOR PEST CONTROL SERVICES FOR AN ANNUAL AMOUNT OF
$82,735.00 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, it is necessary to treat the City’s buildings and park sites for pests and burrowing rodents; and

WHEREAS, a Request for Proposal (RFP) for Pest Control Servies at City facilities and park sites was advertised on July 22, 2025; and

WHEREAS, the RFP resulted in one proposal submitted by Animal Damage Management, Inc. (ADM) for an annual amount of $82,735.00; and

WHEREAS, ADM has consistently demonstrated competence and reliability in providing the full scope of pest control services since first being awarded the contract in 2015, maintained a strong performance record and proven ability to meet the City’s needs; and

WHEREAS, funding for Pest Control Services at City facilities and park sites has been incorporated into the adopted FY 2025/26 budget across multiple operating accounts in the total amount of $84,626.00; and

WHEREAS, the proposed contract amount of $82,735.00 is within the budgeted allocation, and expenditures will be charged to various public works divisions ; Facilities, Parks, Streets and Sewer.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the agreement with Animal Damage Management, Inc. for pest control services for an annual amount of $82,735.00 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 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
ITEM 12
ITEM 12

ATTACHMENT B

AGREEMENT
FOR

CONSTRUCTION OR SERVICES
T
HIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 13 day of October 2025, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and “ANIMAL DAMAGE MANAGEMENT, INC.” hereinafter referred to as "CONTRACTOR".

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

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

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

ITEM 12

ATTACHMENT B

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

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

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

ITEM 12

ATTACHMENT B

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

7. TERM OF AGREEMENT
This Agreement shall be effective November 1, 2025, and will continue in effect until October 31, 2028, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Exhibit “B” with

Schedule “A” Amount Not to Exceed $82,735.00
ITEM 12

ATTACHMENT B

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

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

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

ITEM 12

ATTACHMENT B

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

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

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

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

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

ITEM 12

ATTACHMENT B

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the scope of work provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

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

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

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

ITEM 12

ATTACHMENT B

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

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

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

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

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

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to ITEM 12

ATTACHMENT B

the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name: Animal Damage Management, Inc.

Address: 16170 Vineyard Blvd. #150
Morgan Hill, CA 95037

Attention: Steve Aguilar
Phone: (408) 234-4602

FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.

Ceres, CA 95307

Attention: Sam Royal
Phone: (209) 538-5717

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “C”.

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

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

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement ITEM 12

ATTACHMENT B

shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty or theft.

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

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

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

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

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

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the ITEM 12

ATTACHMENT B

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

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

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

23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

24. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by ITEM 12

ATTACHMENT B

CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

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

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

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

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

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

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

Should the CITY give written notice to the CONTRACTOR of any defects in the work of ITEM 12

ATTACHMENT B

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

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

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

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

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of ITEM 12

ATTACHMENT B

California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

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

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

ITEM 12

ATTACHMENT B

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

Dated , 2025 Dated , 2025
CITY OF CERES, a municipal corporation CONTRACTOR NAME By By
Douglas D. Dunford, City Manager Signature

Steve Aguilar, Field Operations Manager
Name, Title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

#330468125
Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

SPCB #PR3860 & CDPR #30004
Fallon Martin, City Clerk

ITEM 12

ATTACHMENT B

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

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

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

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

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

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

ITEM 12

ATTACHMENT B

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 12

ATTACHMENT B

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

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

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

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

Acceptability of Insurers

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

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 12

ATTACHMENT B

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

Subcontractors

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

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ATTACHMENT B
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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: October 13, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected], (209) 538-5751
SUBJECT:

Resolution No. 2025 -XXX, Approving a Retroactive Agreement with the Lew Edwards Group to Provide Planning, Communication and Engagement Services for Quality-of-Life Vision, Approving a Budget Amendment in the Amount of $115,500, 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 and a budget amendment of $115,500.

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 13
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. The agreement for such work expired July 31, 2025. Staff is requesting Council approve an agreement, retroactively dated August 1, 2025, so LEG can 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 matters 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 13
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 13
ITEM 13

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A RETROACTIVE AGREEMENT WITH THE LEW EDWARDS

GROUP TO PROVIDE PLANNING, COMMUNICATION AND

ENGAGEMENT SERVICES FOR QUALITY-OF-LIFE VISION, APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $115,500, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City recently consulted with the Lew Edwards Group (LEG) to assess the communities perspective on the current quality-of-life in Ceres and identified priorities for improvement; and

WHEREAS, the agreement for such work expired July 31, 2025; and

WHEREAS, as a result of the assessment, the LEG has developed an engagement toolkit and strategic recommendations to inform the community , actively engage with the community, and collect additional input; and

WHEREAS, staff is requesting Council approve an agreement with LEG, retroactively dated to August 1, 2025, so LEG can continue working with City staff; 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 in the amount of $115,500 , 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 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
ITEM 13
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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 1st day of August 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.

3.1.1 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 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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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: Catherine Lew, Senior Strategist and Project Manager, Ivan Garcia.

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.

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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.

3.2.7 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.

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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.
(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.

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.

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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.

(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 ITEM 13
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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.

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.

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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.

3.2.11 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, 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 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.

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.

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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.

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.

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.

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 ITEM 13
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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.

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:

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

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.

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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.

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.

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.

3.5.6 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.

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11 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.

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.

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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.

3.5.19 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.

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.

ITEM 13
28859.00009\33887366.1

ATTACHMENT B

13 SIGNATURES ON FOLLOWING PAGE
ITEM 13
28859.00009\33887366.1

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 13
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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 13
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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 13
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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 13
ITEM 13
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 13

ATTACHMENT C
ITEM 13

ATTACHMENT C

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: October 13, 2025
TO: Mayor and City Council
FROM: Douglas Dunford, City Manager
CONTACT: Julian Aguirre, Redevelopment and Economic Development Manger [email protected], (209) 538-5773
SUBJECT:

Resolution No. 202 5-XXX, Establishing the Annual Assessment Levy for Fiscal Year 2025 -2026 on the Businesses in the Downtown Area Defined in the Ceres Downtown Revitalization Area Board Annual Report for the Activities and Programs of the Ceres Downtown Area Board for Fiscal Year 2025-2026
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve and establish the annual assessment levy for the 2025-2026 fiscal year on the businesses in the Downtown Area defined in the CDRAB annual report for the Activities and Programs of the Ceres Downtown Revitalization Area Board for the Fiscal Year 2025-26.

I. BACKGROUND:

At public hearing held on September 8 th, 2025, the City Council approved the Annual Report of the Ceres Downtown Revitalization Area Board for Fiscal Year 2025-26 and set a Public Hearing for October 13, 2025, to consider approving the levy of assessment for the Ceres Downtown Revitalization Area for FY2025 -26. The proposed method of assessing businesses located in the CDRAB area for the 2025-26 Fiscal Year will be the same as originally established in 1989 w ith the formation of the Parking and Business Improvement District for the Ceres Downtown Revitalization Area.

It is estimated that the annual assessment will generate approximately $10,000.

As reported to the City Council on September 8, 2025, the proposed activities, and projects for the Ceres Downtown Revitalization Area for the 2025 -26 fiscal year, as recommended by CDRA Board (Ceres Planning Commission) generally include the provision of electricity to streetlights, maintenance of street trees and landscaping.

ITEM 14
II. REASONS FOR RECOMMENDATION:

The activities and programs initiated and funded by CDRAB are of vital importance to the continued success of revitalization efforts in Downtown Ceres. Collecting the assessments is the only method to fund these projects that keep Downtown clean, well - lit, and supports other public and private efforts to promote this important commercial district in Ceres. The revenue also contributes to promotional and beautification efforts benefitting all Downtown businesses.

III. FISCAL IMPACTS:

The fiscal impact of the proposed levy of assessment is positive to the city, by generating revenue from assessments paid by the businesses located in the boundaries of the Ceres Downtown Revitalization Area. This supplemental and restricted revenue may only be used by the City to fund projects and activities in the CDRA, which contributes to the revitalization of the downtown area and as identified in the CDRA Annual Report for FY 2025-26.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Action on this item furthers the City’s Strategic Plan goal of “Economic Development:

Proactively implement the City Council’s Economic Development Strategic Plan 2013 - 2020 consistent with the Council’s long-term vision and priorities…”. As noted previously, action to approve this Annual Report furthers the progress in implementing the Strategic Plan, as well as the Ceres Downtown Specific Plan policy objectives that will enhance the community’s economic strength and vitality.

V. POLICY ALTERNATIVES:

Should the Council decide not to approve the Levy Assessment, the current CDRAB budget will be depleted, and future expenditures will impact the General Fund.

IVI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

A Community meeting for Downtown Business Improvement District was held on August 15th via Teams. An in-person meeting was held on October 2, 2025, at 5:30 PM at the Ceres community center. A public hearing notice was published in the Ceres Courier on August 27, 2025, for September 8, 2025, City Council meeting to review the annual report and set a public hearing for October 13, 2025. Notice for October 13, 2025, city council meeting was published on October 1, 2025, as well as notices mailed to all participating businesses located in the boundaries of the CDRA.

VIII. ENVIRONMENTAL REVIEW:

N/A
ITEM 14
IX. STEPS FOLLOWING APPROVAL:

Following approval of this resolution, staff shall assess businesses lcoated within the revitalization area according to the procedure identified in the Annual Report for Fiscal Year 2025-26.

Approved by: __________________
Douglas Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – Annual Report of the CDRA for Fiscal Year 2025-26

3. Attachment C – Boundary Map

4. Attachment D – Legal Description of Boundary

5. Attachment E – Method of Calculating Assessment
ITEM 14
ITEM 14

ATTACHMENT A

RESOLUTION NO. 2025-XXXX

ESTABLISHING THE ANNUAL ASSESSMENT LEVY FOR FISCAL YEAR 2025-26

ON THE BUSINESSES IN THE DOWNTOWN AREA DEFINED IN THE CERES

DOWNTOWN REVITALIZATION AREA BOARD ANNUAL REPORT FOR THE

ACTIVITIES AND PROGRAMS OF THE CERES DOWNTOWN AREA BOARD FOR FISCAL YEAR 2025-2026

THE CITY COUNCIL
Ceres, California

WHEREAS, the Ceres Downtown Revitalization Area Board (CDRAB) has duly prepared and filed with the City Clerk of the City of Ceres its Annual Report for the 2025- 26 Fiscal Year, and

WHEREAS, on September 8, 2025, the City Council of the City of Ceres, pursuant to Resolution No. 2025 -113, duly approved the Annual Report of the Ceres Downtown Revitalization Area Board for the 2023 -24 Fiscal Year and it further declare its intention to levy and collect assessments within the said Ceres Downtown Revitalization Area for FY 2025-26 as set forth in the Annual Report of the Ceres Downtown Revitalization Area Board; and

WHEREAS, the City Council of the City of Ceres duly caused a public hearing to be set for October 13, 2025, for the purpose of considering the proposed assessments to be made upon businesses located within the Ceres Downtown Revitalization Area for the 2025-26 fiscal year, and

WHEREAS, notice of said public hearing was duly published and given as required by law; and

WHEREAS, at the public hearing held on October 13, 2025, the Ceres City Council received all written and oral comments presented regarding the Annual Report and the proposed annual assessment levy; and

WHEREAS, the boundary and legal description of the properties included within the Ceres Downtown Revitalization Area are attached her eto as Attachments C and D; and

WHEREAS, the method of calculation and proposed levy of assessments for businesses with the Ceres Downton Revitalization Area is attached hereto as Attachment E; and

WHEREAS, the Annual Report of the Ceres Downtown Revitalization Board for 2025-26 fiscal year is attached hereto as Exhibit B.

ITEM 14

ATTACHMENT A

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby establishes the annual assessment levy for Fiscal Year 2025-2026 on the businesses in the downtown area defined in the Ceres Downtown Revitalization Area Board Annual Report for the activities and programs of the Ceres Downtown Area Board for fiscal year 2025-2026.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof 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

ITEM 14

ATTACHMENT B

CERES DOWNTOWN REVITALIZATION AREA BOARD
FISCAL YEAR 2025-2026 ANNUAL REPORT

CERES DOWNTOWN REVITALIZATION BOARD

The Ceres downtown Revitalization Area Board (CDRAB) was formed by the City Council on January 23, 1989, to assist business owners, merchants and landowners with the revitalization and promotion of Downtown Ceres.

BOUNDARIES

The boundaries for the Ceres Downtown Revitalization Area are reflected in Exhibit A and described with the attached legal description, Exhibit B. These boundaries generally include the area between 6 th Street to the east, Pine Street to the south, El Camino Avenue to the west and include south -facing properties on Magnolia Street from El Camino Avenue, east to 6 th Street. This area covers approximately ten (10) city blocks and approximately fifty (50) businesses.

IMPROVEMENTS AND ACTIVITIES TO BE PROPOSED FOR FISCAL YEAR 2025-26

The revenue generated from assessments will be used to fund the maintenance of tree grates, landscaping, sidewalks, and the payment of electricity for streetlights. It will also contribute to the potential downtown facade improvement program and the development of a new downtown incentive program. The details of the new program will be determined and presented to the board and City Council.

ESTIMATE OF THE COST OF PROVIDING THE IMPROVEMENTS AND ACTIVITIES FOR FISCAL YEAR 2025-2026

The proposed CDRAB budget for Fiscal Year 2025-2026 is approximately $25,216 which funds landscape maintenance, electricity, office supplies and advertising.

SURPLUS OR DEFICIT REVENUES TO BE CARRIED OVER FORM PRIOR FISCAL YEARS

The Ceres Downtown Revitalization Area Board creates a separate stand -alone budget each year. Any unexpended funds from this or prior fiscal years will be returned to the fund balance. All projects and activities proposed to be funded during the upcoming year shall be included in each proposed budget approved by the City Council annually.

METHOD AND BASE OF LEVYING ASSESSMENT

The assessment for Fiscal Year 202 5-2026 will replicate the parking and business improvement district assessment as outlined in Exhibit C.

ITEM 14

ATTACHMENT B

EXISTING POLICY

The City Council of the City adopted an ordinance, Chapter 3.36 of the City of Ceres Municipal Code, establishing a downtown parking and improvement area pursuant to the provisions of the Parking and Business Improvement Area Law of 1979. The area was designated as the “Ceres Downtown Revitalization Area” (Ord. 88-708, 1988)

ITEM 14

ATTACHMENT C

ITEM 14
ITEM 14

ATTACHMENT D

CERES DOWNTOWN REVITALIZATION AREA
Legal Description

All that certain real property situated in a portion of the Southeast ¼ of Section 14, Township 4 South, Range 9, Mount Diablo Base and Meridian, City of Ceres, County of Stanislaus, State of California described as follows:

BEGINNING at the Northwest corner of Lot 13, Block 22, of the CITY OF CERES, as shown on the map file din Volume 11 of maps at page 1, Stanislaus County Records, thence Northerly along the prolongation of the West line of said Lot 13, a distance of 15’ +/- to the true point of beginning; thence Easterly along a line which is 150’ North of the parallel to the centerline of Magnolia Street a distance of 1995’ +/- to the centerline of Sixth Street; thence South along the centerline of Sixth Street a distance of 1840’ +/- to the centerline intersection of Park Street; thence West along the center line of Park Street and its prolongation a distance of 500’ +/- to appoint on the Southerly prolongation of the Westerly right of way line of El Camino Avenue; thence Northwesterly along the Westerly right of way line of El Camino Avenue and its prolongation a distance of 2200’ +/- to a point on the Southerly prolongation of the West property line of said Lot 13; thence North along the West line of said Lot 13 and its prolongation a distance of 210’ +/- to the true point of beginning.

Adopted by the Ceres City Council August 8, 1988 (resolution 88-156)

ITEM 14
ITEM 14

ATTACHMENT E

CERES DOWNTOWN REVITALIZATION AREA

METHOD OF CALCULATING ASSESSMENT

1 Businesses with gross receipts of less than
$50,000.00 per quarter
$10.00 per month
2 Businesses with gross receipts of $50,000.00 or
more per quarter
$ 25.00 per month
3 Businesses with gross receipts of $200,000.00
or more per quarter
$ 25.00 per month PLUS one
mil (.001) on all gross
receipts over $200.000.00
per quarter
4 Membership fee for banks and savings and
loans
$500.00 per year
5 Gasoline service stations with gasoline sales of
$ 800,000.00 or more per year
$500.00 per year PLUS
$25.00 per month
6 Residential 0.00
7 Home occupation permits Same as #1,2,3 and 4

The aggregate or combined receipts shall be used for all businesses owned by the same party or parties and that are located at the same address.

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: October 13, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT: Information Only – Customer Watering Schedule Update Recommendation
RECOMMENDED COUNCIL ACTION:

No action required.

I. BACKGROUND:

The City of Ceres has implemented a Year -Round Watering Schedule as one of many water conservation efforts to assist in meeting the “target use” of potable water . After a reference made by City Council and u nder the direction of the City Manager , staff has researched and evaluated the possibility of adding one additional outdoor watering day considering current drought conditions and state regulations of water use standards.

Target use for urban water suppliers in California can be traced back to Senate Bill X7-7 (SB X7-7). SB X7-7, also known as the Water Conservation Act of 2009, established the initial 20% reduction target for urban consumption by 2020 and required water suppliers to set 2020 targets based on a baseline from 2005 or earlier.

In 2021, Governor Newsom issued three Executive Orders to further reduce water use.

Notably, Executive Order N-10-21 issued July 8, 2021 , urging Californians to voluntarily reduce water consumption by 15% compared to 2020 levels achieved with SB X7-7. The measure focused on simple actions like reducing landscape irrigation, fixing leaks and using water-efficient appliances, and came amidst worsening drought conditions at that time. In March 2023, Governor Newsom issued an Executive Order (N-5-23) which rolled back some drought emergency provisions that were no longer needed due to water conditions at that time including ending the voluntary 15% conservation target, as well as the requirement that local water agencies implement level 2 of their drought contingency plans, among other actions, while preserving smart water measures like maintaining bans on wasteful water use, preserving current orders focused on groundwater supply and specific watersheds which remained in drought, and retained state of emergency for 58 ITEM 15
counties to allow for drought response and recovery efforts to continue. Even though N- 5-23 rescinds some emergency drought provisions, the target use cap from SB X7-7 is still enforceable.

Meanwhile, in 2018, in an effort to move away from target-based use to objective-based use, Senate Bill 606 (SB 606) and Assembly Bill 1668 (AB 1668) were approved by Governor Newsom and established the legislative framework for “Making Water Conservation a California Way of Life” , which aims to create a more efficient and sustainable water management system in California, particularly for urban areas, in response to climate change and drought conditions , and will ultimately lessen the need for emergency water use reduction targets that were important in recent droughts. This legislation established the current regulations for California water use recommended by the State Water Resources Control Board (SWRCB) and the Department of Water Resources (DWR). The specific long -term standards, appropriate variances, guidelines, and methodologies for calculating an Urban Water Use Objective (UWUO) were adopted in 2022.

Following the adoption, urban water suppliers are now required to calculate their UWUO by January 1st of each year, starting 2025. This objective is then used to assess whether the supplier met its goal of efficient water use for the previous year’s operations. The UWUO is an aggregate estimate of efficient urban water use for the previous year based on the adopted urban water use efficiency standards set by the SWRCB and DWR, and local service area characteristics for that year. It is the sum of efficient indoor residential, efficient outdoor residential, efficient outdoor irrigation and CII water uses, water losses, and any approved variances or bonus incentive s. In other words, it is a standard for efficient water use that is set for the past year and is used to evaluate actual water usage for efficiency during that same period. Furthermore, this means suppliers do not know the UWUO for a reporting year until the reporting period has ended. The underlying framework for calculating the UWUO will remain consistent as adopted, but the specific numerical objective will change each year to reflect changes in local conditions and water use patterns. The calculated objectives are set to decrease gradually over time, getting smaller each year until 2040. Beginning January 1, 2027, each urban retail water supplier will be required to demonstrate compliance with its objective, unless the target-based use cap from SB X7-7 is lesser. Leading up to the 2027 deadline, the SWRCB will use a series of escalating actions , referred to as Progressive Enforcement, to bring suppliers into compliance. These actions include Informational Orders in 2024, Written Notices in 2025, and Conservation Orders as of 2026. The state will further enforce UWUOs on water suppliers by levying monetary and civil penalties starting in 2027.

Essentially, while SB X7 -7 established the overarching goal of reducing water consumption, the UWUO provides a more detailed and nuanced approach to achieving water use efficiency, building upon and refining the initial targets, and is intended to result in greater water savings and long-term objectives.

II. REASONS FOR RECOMMENDATION:

As mentioned above, urban water suppliers will be required to demonstrate compliance with their UWUO in 2027 unless the target-use amount determined by SB X7-7 is lesser.

The City has submitted its first required UWUO report in 2025 (2023/24 data). The UWUO was much less than the SB X7 -7 total use cap, therefore the City will be required to demonstrate compliance with the UWUO moving forward. The fiscal year 2023/24 UWUO ITEM 15
was calculated with a capped objective of 2,019 million gallons for that period , and the sum of the City’s water use components was 1,954 million gallons. If we subtract the excluded demands (CII Indoor use and any variances) then the final actual water use is 1,678 million gallons.

While the future objectives are unknown at this time, it is generally expected to get smaller each year. The objective could increase if the factors used to calculate it change, such as population growth, new development, or the inclusion of water reuse incentives. Since none of these factors changed significantly for Ceres in the past year , staff is not expecting an increase to the UWUO for the subsequent reporting period. Although the reporting is not due until January 1, 2026, staff has calculated what to expect from submitting curren t data. Using fiscal year 2024/25 production data and assuming the excluded demands remain the same, staff is expecting actual water use to equal approximately 1,921 million gallons. Also assuming the UWUO remains the same at 2,019 million gallons, the Cit y will be around 98 million gallons under the UWUO , which is a water budget surplus that could possibly be used for unexpected or emergency water use.

If an additional watering day is included in the year -round watering schedule , staff has projected an increase of nearly 97 million gallons annually . Due to the estimation of the upcoming report and how it correlates to the UWUO, as well as considering this increase would nearly deplete the remaining water budget if projections are correct, staff does not recommend intentionally increasing usage in anticipation of the 2027 compliance deadline and hereby does not advise changing the Year-Round Watering Schedule at this time.

III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
ITEM 15
IX. STEPS FOLLOWING APPROVAL:

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

1. Attachment A – Presentation

2. Attachment B – 2023/24 Urban Water Use Objective Summary

3. Attachment C – “Making Water Conservation a Way of Life” Regulation

4. Attachment D – Senate Bill 606

5. Attachment E – Assembly Bill 1668
ITEM 15

CUSTOMER WATERING SCHEDULE

UPDATE RECOMMENDATION
OCTOBER 13, 2025

PREPARED BY WATER QUALITY STAFF
1 ATTACHMENT A
ITEM 15

WATER CONSERVATION
ACT OF 2009
3,591
2,151
0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
in Million Gallons
Target vs. Actual Use
2020 Target 2020 Actual Use
The Water Conservation Act of 2009
established a 20% reduction target
for urban consumption by 2020. By
2020, Ceres’ conservation efforts
helped to achieve a total use of
2,151 million gallons, while the
capped target use was set to 3,591
million gallons. Amazing savings!
2 ATTACHMENT A
ITEM 15

WATER CONSERVATION
ACT OF 2009
2,151 2,097
1,828
0 500
1,000
1,500
2,000
2,500
3,000
in Million Gallons
Actual Use vs. Voluntary Reduction vs.

Reduction Goal
Actual Use (2020) Voluntary Reduction 15% Reduction Goal In 2020, Gov. Newsom requested a
voluntary additional reduction of
15% in order to further reduce use,
which the City attempted.

Although not successful in
achieving the 15% reduction from
2020 numbers, the City averaged

2.5% savings for 2021-2024 which is
about 54 million gallons per year!
3 ATTACHMENT A
ITEM 15
2018 WATER CONSERVATION
LEGISLATION AB 1668 AND SB 606
In 2018, the state decided to start moving away from target-based use to objective-based use. SB 606 and AB 1668 were approved and established the legislative framework for “Making Water Conservation a California Way of Life” which aims to create a more efficient and sustainable water management system in California. This included tasking the State Water Resources Control Board (SWRCB) and Department of Water Resources (DWR) with determining standards for urban water use efficiency and how to calculate an objective to assess efficient water use.

The long-term standards, appropriate variances, guidelines, and methodologies for calculating an Urban Water Use Objective introduced through this legislation from the SWRCB and DWR were approved in 2022 and are part of the Urban Water Use Efficiency Program.
4 ATTACHMENT A
ITEM 15

URBAN WATER USE EFFICIENCY

AND OBJECTIVE
As part of the “Making Water Conservation a California Way of Life” and Urban Water Use Efficiency Program, starting in 2025, urban water suppliers are now required to calculate an Urban Water Use Objective (UWUO). These objectives are based on efficiency standards and local service area characteristics for a given year.

The UWUO represents the volume of water a supplier would have used each year if they were using it efficiently and is a standard for efficient water use that is set for the past year which is used to evaluate actual water usage for efficiency during that same period.

Furthermore, this means suppliers do not know the UWUO for a reporting year until the reporting period has ended. The underlying framework for calculating the UWUO will remain consistent as adopted, but the specific numerical objective will change each year to reflect changes in local conditions and water use patterns. The calculated objectives are set to decrease gradually over time, getting smaller each year until 2040. 5 ATTACHMENT A
ITEM 15
(PROJECTED) 2026 UWUO VS.

ADDITIONAL WATERING DAY
2,019 1,921 2,018
0 500
1,000
1,500
2,000
2,500
3,000
in Million Gallons
Chart Title
2025 UWUO
Est. Actual Use (2024/25) for 2026 Reporting
With Additional Watering Day
Using current irrigation volumes, staff
has projected an average increase
of nearly 97 million gallons annually,
should a third watering day be
included in the Year-Round Watering
Schedule.

As the graph depicts, if the third
watering day was implemented and
compared to the 2025 UWUO, the
water budget surplus would be
nearly depleted, only 1 million
gallons under the UWUO.
6 ATTACHMENT A
ITEM 15

URBAN WATER USE EFFICIENCY

AND OBJECTIVE ENFORCEMENT
Urban Water Suppliers are mandated to demonstrate compliance with their UWUO by 2027; however Progressive Enforcement has already begun. ➢ In 2024 – SWRCB can issue Informational Orders to gather more data on why a supplier is failing to meet its UWUO
➢ In 2025 – Written Notices will warn a supplier about non-compliance and request a plan to address the issue
➢ In 2026 – Conservation Orders can require suppliers to implement specific actions to improve water efficiency
➢ In 2027 – if water suppliers are not demonstrating compliance, the SWRCB will issue Monetary Penalties up to $1,000 PER DAY. During a declared drought, this penalty significantly increases to $10,000 PER DAY.
7 ATTACHMENT A
ITEM 15

YEAR-ROUND WATERING

SCHEDULE
With California moving to objective-
based use, the next UWUO being
unknown until later this year, and
considering the 2027 UWUO
compliance deadline quickly
approaching, staff does not
recommend including an additional
day to the current Year-Round
Watering Schedule. Pending the result
of the next UWUO, the City may need
to increase conservation efforts in the
coming years.
8 ATTACHMENT A
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FINAL TEXT OF “MAKING CONSERVATION A CALIFORNIA WAY OF
LIFE” REGULATION
California Code of Regulations
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards Chapter 3.5. Urban Water Use Efficiency and Conservation Article 1. Urban Water Use Efficiency Standards, Objectives, and Performance Measures Effective January 1, 2025
Table of Contents
§ 965. Definitions ................................ ................................ ................................ ..... 2 § 966. Urban Water Use Objectives ................................ ................................ ......... 5 § 967. Indoor Residential Water Use Standard ................................ ......................... 7 § 968. Outdoor Residential Water Use Standard ................................ .................... 11 § 969. Standard for outdoor irrigation of landscape areas with DIMs or equivalent technology in connection with CII water use. ................................ ............................. 21 § 970. Water Loss ................................ ................................ ................................ .. 25 § 971. Bonus Incentive ................................ ................................ ........................... 26 § 972. Performance Measures: CII classification system ................................ ........ 27 § 973. Threshold for converting CII landscapes with mixed meters to DIMs or employing in- lieu water management technologies ................................ ................................ ........ 28 § 974. CII water use BMPs for customers that exceed a recommended size, volume of water use, or other threshold ................................ ................................ ..................... 29 § 975. Reporting ................................ ................................ ................................ ..... 31 § 978. Urban Water Use Objectives – Enforcement ................................ ............... 42

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Adopt new section 965:
§ 965. Definitions
Definitions used in this Article:
(a) “Animal type-classes” (T) means major categories of animal types based on similar water use and animal weight.
(b) “Annual precipitation” means total annual precipitation, in inches per year. Annual precipitation will be updated annually by the Department and derived from Parameter- elevation Regressions on Independent Slopes Model data. (c) “Augmented Surface Water Reservoir” or “Augmented Reservoir” has the same meaning as “reservoir water augmentation” in section 13561 of the Water Code. (d) “Augmented Groundwater Basin” or “Augmented Basin” has the same meaning as “indirect potable reuse for groundwater recharge” in section 13561 of the Water Code. (e) "Basin” means either a basin or subbasin as defined and delineated by bulletin 118, or as defined and delineated through an adjudication process. (f) “Board” means the State Water Resources Control Board. (g) “Budget” means the calculated volume of water for a discrete category of water use associated with efficiency standards, variances, or temporary provisions. (h) “Climate zones” means the California Energy Code climate zones as defined by zip code and listed in California Energy Commission Reference Joint Appendix JA2 (Title 24, Part 6, Section 100.1).
(i) “Climate-ready landscapes” are designed and maintained to reduce greenhouse gas emissions and weather more extreme conditions, save water, reduce waste, nurture soil, sequester carbon, conserve energy, reduce urban heat, protect air and water quality, and create habitat for native plants and pollinators.
(j) “Collaboration and Coordination best management practices” means formalized operational and institutional arrangements, such as cooperative agreements among parties to streamline requirements, data collection, or implementation of best management practices by coordinating with necessary entities.
(k) “Commercial, industrial, and institutional water user” means a CII water user meeting any of the definitions in Water Code section 10608.12 (f), (p) and (q). (l) “Crop-specific landscape area” means residential agricultural landscapes disaggregated by each crop or crop type grown within the supplier’s service area. (m) “Customer” has the same meaning as in section 10611.3 of the Water Code. (n) “Dedicated Irrigated Meter” (DIM) means a water meter that is operated and maintained by the supplier that exclusively measures the water a customer uses for irrigation. (o) “Department” means the Department of Water Resources. (p) “Direct Potable Reuse” (DPR) has the same meaning as in section 13561 of the Water Code. DPR does not require an environmental buffer.
(q) “Direct potable reuse project” or “DPR project” has the same meaning as in California Code of Regulations, title 22, section 64669.05.
(r) “Disclosable Building” has the same meaning as in section 1681 in California Code of Regulations, title 20.
(s) “Effective precipitation” (Peff) means 25 percent of total annual precipitation, or a lower value generated by the California Simulation of Evapotranspiration of Applied Water model if provided by the Department, in inches per year.
(t) “ENERGY STAR Portfolio Manager” means the tool developed and maintained by the United States Environmental Protection Agency to track and assess building performance. (u) “ENERGY STAR Portfolio Manager broad categories” means a superset of property types based on sector.

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(v) “ENERGY STAR Portfolio Manager property types” means a subgroup of ENERGY STAR Portfolio Manager broad categories.
(w) “Equivalent Technologies” are technologies that are functionally equivalent to Dedicated Irrigation Meters in terms of accuracy and supplier access to the data. (x) “Existing CII water users” means CII water users served by the supplier on or before the effective date of this article.
(y) "Finished water" has the same meaning as in California Code of Regulations, title 22, section 64400.41.
(z) “High levels of Total Dissolved Solids” (TDS) means concentrations above 900 mg/L. (aa) “Indirect Potable Reuse” (IPR) includes “Indirect potable reuse for groundwater recharge” and “reservoir water augmentation” as defined in section 13561 of the Water Code. IPR requires an environmental buffer, including a river, lake, reservoir, or a groundwater aquifer that is used as a source of drinking water.
(bb) “Irrigable Irrigated Area” is residential area of healthy vegetation where the vegetation appears to be in growth, not senesced, and is foliated. The area is presumed to be maintained and managed through active irrigation, comprising an irrigated hydro-zone.

Non-vegetative features may be included.
(cc) “Irrigable Not Irrigated Area” is residential area that is not currently being irrigated, but was irrigated in the past, or may be managed with irrigation in the future. (dd) “In-Lieu Technologies” are technologies that support landscape water use efficiency improvements by means other than the direct measure of water use. They include but are not limited to the technologies identified in section 973. (ee) “LAcrop” means the landscape area for a crop grown on residential landscapes included in the Department’s agricultural land mask and associated with an account the supplier categorizes as residential, in square feet.
(ff) “Landscape efficiency factor” (LEF) means a factor applied at the supplier -level that adjusts net reference evapotranspiration for plant factors and irrigation efficiency, two major influences upon the amount of water that is applied to the landscape. (gg) “Large landscapes” are Commercial, Industrial, and Institutional landscapes that are ½ acre in size or larger with Mixed-Use meters.
(hh) “Livestock” has the same meaning as in section 3080 of the Civil Code. (ii) “Low-impact development” means new development or redevelopment projects that employ natural and constructed features that reduce the rate of stormwater runoff, filter out pollutants, facilitate stormwater storage onsite, infiltrate stormwater into the ground to replenish groundwater supplies, or improve the quality of receiving groundwate r and surface water.
(jj) “Mixed-Use Meter” (MUM) means a water meter that is operated and maintained by the supplier and that measures the volume of water a customer uses indoors and outdoors. (kk) “Net reference evapotranspiration” or “Net ET0” is the difference between reference evapotranspiration and effective precipitation, in inches per year. (ll) “Net ET0 crop” means the net reference evapotranspiration for a supplier’s service area growing season, in inches per year.
(mm) “Newly constructed residential landscapes” (RLA new) means landscapes that were added to a supplier’s service area in accordance with section 968 (e) after the time period captured by the Landscape Area Measurements Project update released by the Department on December 6, 2023, or any subsequent update to the supplier’s residential landscape area pursuant to section 968 (b)(3).
(nn) "Newly constructed CII landscapes with DIMs" (DIM LA new) means CII landscapes with DIMs that are added to a supplier's service area in accordance with section 969 (d)(2) after the most recent analysis a supplier conducts in accordance with section 969 (b)(2).

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(oo) “Owner’s Agent” means a person with authorization from a building owner to act on behalf of the building owner.
(pp) “Plant factor” has the same meaning as in section 491. (qq) “Potable deliveries to residential properties and CII landscapes with DIMs” (DRLI) means the total potable water volume delivered to both residential and landscape irrigation connections, as reported to the Board pursuant to Health and Safety Code section 116530.
(rr) “Potable Reuse Water” includes water produced through both direct potable reuse and indirect potable reuse systems.
(ss) “Potable Reuse Volume” (VPR) is defined as the individual supplier’s volume of potable reuse water.
(tt) “Process water” has the same meaning as in section 10608.12 of the Water Code. (uu) “Recycled water” means water produced by a wastewater treatment plant or water recycling treatment plant permitted to produce recycled water pursuant to California Code of Regulations, title 22.
(vv) “Reference evapotranspiration” or “ET0” has the same meaning as in section 491 and is expressed in inches per year. Reference evapotranspiration will be updated annually by the Department and derived from the California Simulation of Evapotranspiration of Applied Water model using Spatial California Irrigation Management Information System data.
(ww) “Residential agricultural landscapes” means the residential agricultural area, in square feet, included in the Landscape Area Measurements Project update (released by the Department December 6, 2023), or as later updated by the Department. It is limited to land on which agricultural use is occurring and that is associated with a service connection the supplier categorizes as residential.
(xx) “Agricultural use” means “agricultural use” as defined in Government Code section 51201 (b), but does not include cleaning, processing, or other similar post-harvest activities. (yy) “Residential landscape area” (RLA) means residential Irrigable Irrigated area plus approved Irrigable Not Irrigated area, in square feet.
(zz) “Residential service area population” (P) means the service area population reported to the Board as “residential” pursuant to Health and Safety Code section 116530 and California Code of Regulations, title 22, section 64412. (aaa) “Residential special landscape area” (RSLA) means residential pools, spas, and similar water features, residential areas dedicated solely to edible plants, and residential areas irrigated with recycled water, in square feet.
(bbb) “Service Connection” (C) has the same meaning as in Health and Safety Code section 116275.
(ccc) “Temporary provision” means an additional volume of water that an urban retail water supplier may request to add to its urban water use objective for a limited time for a specified beneficial use that will require less water over time. (ddd) “Turf” has the same meaning as in section 491.
(eee) “Total potable water production” (TPW) means all potable water that enters into a supplier’s distribution system, excluding water placed into storage and not withdrawn for use during the reporting period and excluding water exported outsider the supplier’s service area during the reporting period, as reported to the Board pursuant to Health and Safety Code section 116530. Total potable water production includes all non-revenue water, which has the same meaning as in section 638.1 and is equal to the sum of the supplier’s unbilled authorized consumption and apparent and real losses. (fff) “Urban retail water supplier” or “supplier,” has the same meaning as in section 980.

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(ggg) “Urban water use objective” (WUO) means an estimate of aggregate efficient water use for the previous year based on adopted water use efficiency standards and local service area characteristics for that year, as described in Water Code section 10609.20 and as calculated pursuant to section 966 (d).
(hhh) “Variance” means an additional volume of water that an urban retail water supplier may request to add to its urban water use objective for a unique use that has a material effect on a supplier’s urban water use objective.

Authority: Sections 1058, 10609.2, and 10609.10, Water Code.

References: Article X, Section 2, California Constitution; Sections 3080, 4080, 4100, and 4100, Civil Code; Section 51201, Government Code; Section 116275 and 116530, Health and Safety Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, 10609.10, 10609.20, 10611.3, and 13561, Water Code.

Adopt new section 966:
§ 966. Urban Water Use Objectives
(a) No later than January 1, 2025, and by January 1 every year thereafter, each urban retail water supplier shall calculate its urban water use objective and, beginning January 1, 2027, annually demonstrate compliance with its objective. (b) The calculation shall be based on the supplier’s water use conditions for the previous state fiscal year.
(c) The objective shall be composed of the sum of the following budgets:
(1) A budget for efficient indoor residential water use (Rindoor) as described in section 967. (2) A budget for efficient outdoor residential water use (Routdoor) as described in section 968.
(3) A budget for efficient water use on commercial, industrial, and institutional landscapes with dedicated irrigation meters or equivalent technology (CIIDIM) as described in section 969.
(4) A budget for efficient real water losses (L) as described in section 970. (5) Budgets for any approved variances (V) and temporary provisions (Pr) as described in sections 967, 968, and 969.
(6) A bonus incentive for potable reuse (BPR) as described in section 971. (d) The formula for calculating a supplier’s urban water use objective (WUO), in gallons, is expressed mathematically as follows:

WUO = Rindoor + Routdoor + CIIDIM + L + V + Pr + BPR
(e) If any system owned and operated by a supplier is lacking the data needed to calculate the budgets described in subdivision (c)(1) through (4), that system shall be excluded from the overall objective calculation until the requisite data are obtained. The requisite data must be obtained no later than July 1, 2028, for use in the 2030 reporting year. (f) For systems that do not meet the criteria to be considered an urban retail water supplier until after the effective date of this section, and for a system that hydraulically consolidates with a supplier , this section applies beginning five (5) years after the system meets the criteria to be considered a supplier or consolidates with a supplier. (g) Compliance with this section shall be assessed on the overall objective, not the individual budgets identified in subdivision (c), except for water loss, which shall also be assessed individually pursuant to section 981.

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(h) If a supplier’s calculated objective-based total use is larger than its target-based total use, the supplier’s urban water use objective shall be its Water Code section 10608.20 individual target less excluded demands as described in paragraph (3). If the supplier’s section 10608.20 target is expressed in gallons per capita daily, the supplier shall multiply the target by its residential service area population for the reporting year and the number of days in the year.
(1) For purposes of this subdivision , objective-based total water use, in gallons, is the sum of excluded demands and the urban water use objective calculated pursuant to subdivision (c).
(2) For purposes of this subdivision, target-based total water use, in gallons, is a supplier’s individual Water Code section 10608.20 target plus demands not included in the target. Demands not included in the section 10608.20 target may include process water and recycled water.
(3) Excluded demands are those values provided by the supplier to the Board pursuant to Health and Safety Code section 116530, for the following delivery categories: other; commercial and institutional; and industrial.
(4) Until June 30, 2040, this subdivision does not apply to any supplier that is achieving its Water Code section 10608.20 target on a regional basis but has not achieved its individual target.
(i) Notwithstanding subdivision (a), a supplier shall be considered in compliance with its objective provided all of the following are met:
(1) The median household income of the supplier’s service area is equal to or less than the median household income of California. The median household income of the supplier’s service area shall be the average for the three years preceding the year the supplier initially asserts compliance with its objective pursuant to this subdivision; (2) The supplier’s urban water use objective calculated by the supplier pursuant to subdivision (c), using the standards that apply July 1, 2040, would result in an objective that is 80 percent or less of the supplier’s average annual water use for the reporting categories identified in section 975 (c)(1)(D) for the state fiscal years ending in 2024, 2025, and 2026;
(3) The supplier develops, posts to its public-facing website, and implements a plan that is designed with the goal of achieving, by June 30, 2041, or a different date approved by Board staff, the supplier’s urban water use objective. The plan must additionally include efforts to keep trees healthy; and
(4) The annual reports the supplier has submitted pursuant to section 975 show that the supplier is reducing its per capita water use by an average of no less than 1.0 percent per year, as shown by data from the reporting year and the immediately preceding two years, from its average per capita annual water use for the state fiscal years ending in 2024, 2025, and 2026.
(j) Notwithstanding subdivision (a), a supplier shall be considered in compliance with its objective provided all of the following are met:
(1) The supplier’s urban water use objective, calculated pursuant to subdivision (c), using the standards that apply July 1, 2040, would result in an objective that is 70 percent or less of the supplier’s average annual water use for the reporting categories identified in section 975 (c)(1)(D) for the state fiscal years ending in 2024, 2025, and 2026; (2) The supplier develops, posts to its public -facing website, and implements a plan that
is designed with the goal of achieving, by June 30, 2041, or a different date approved by Board staff, the supplier’s urban water use objective. The plan must demonstrate that the supplier has carefully analyzed the data used to calculate its urban water use objective, including, but not limited to, the data associated with variances and special landscape areas. The plan must additionally include efforts to:

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(A) Increase support for disadvantaged communities, as defined in title 22, section 64300 of the California Code of Regulations, and low-income households; (B) Leverage regional and local partnerships to support the installation and maintenance of climate-ready landscapes; and
(C) Keep trees healthy;
(3) The supplier verifies adherence to the American Water Works Association G480-20 Water Conservation and Efficiency Program Operation and Management Standard (published February 1, 2021), which is hereby incorporated by reference; and (4) The annual reports the supplier has submitted pursuant to section 975 show that the supplier is reducing its per capita urban water use by an average of no less than 2.0 percent per year, as shown by data from the reporting year and the immediately preceding two years, from its average per capita annual water use for the state fiscal years ending in 2024, 2025, and 2026.
(k) For the purposes of subdivisions (i) and (j):
(1) A supplier shall calculate average annual per capita water use by dividing the average annual demand for the reporting categories identified in section 975 ( c)(1)(D) for the state fiscal years ending in 2024, 2025, and 2026 , by the average annual residential service area population for the state fiscal years ending in 2024, 2025, and 2026, and by the days of the year; and
(2) A supplier shall calculate annual per capita water use for the reporting year and the immediately preceding two years by, for each year, dividing annual demand for the reporting categories identified in section 975 (c)(1)(D), by annual residential service area population, and by the days of the year.

Authority: Sections 1058, 10609.2, and 10609.20, Water Code.

References: Article X, Section 2, California Constitution; Section 3080, Civil Code; Section 51201, Government Code; Section 116530, Health and Safety Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10608.20, 10609.2, 10609.10, 10609.12, and 10609.27, Water Code.

Adopt new section 967:
§ 967. Indoor Residential Water Use Standard
(a)
(1) Each year, a supplier shall calculate its budget for residential indoor water use (Rindoor), in gallons, by multiplying the applicable standard (Sindoor) described in Water Code section 10609.4, subdivision (a) by the supplier’s residential service area population (P), and by the number of days in the year. This formula is expressed mathematically as follows:

Rindoor = Sindoor × P × days in year

(2) For any reporting year that includes more than one standard, each applicable standard shall be multiplied by the number of days for which the standard applies pursuant to Water Code section 10609.4 that occur in the reporting period. (b)
(1) An urban retail water supplier may, in calculating its urban water use objective, include budgets for variances identified in paragraph (2) for residential indoor use, if:
(A) The supplier submits supporting information meeting the criteria described in subdivision (e); and

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(B) The associated water use, for any individual variance, represents 5 percent or more of the budget associated with the standard described in section 966 (c)(1). (2) Variances may be requested for water use associated with any of the following:
(A) Significant use of evaporative coolers
(B) Significant fluctuations in seasonal population.
(c) Variances available pursuant to subdivision (b) shall be calculated as follows:
(1) A variance for water use associated with evaporative coolers (VEC) represents the volume of water evaporative coolers used on operating days. Operating days (N DAYS) are days when the average temperature in the supplier’s service area was greater than 78 degrees Fahrenheit for at least one hour. VEC shall be calculated by multiplying the number of evaporative coolers in the service area (N EC) by the number of operating days (NDAYS), the average daily evaporative cooler operating hours (HO), and the average daily evaporative rate (REC). This formula is expressed mathematically follows:

VEC = NEC × NDAYS × HO × REC
(A) The number of evaporative coolers in the service area (NEC) may be estimated based on a representative sample of customers meeting the criteria specified in paragraph (D).
(B) The evaporative cooler operating hours (H O) may be a daily average based on a sample meeting the criteria specified in paragraph (D). A supplier shall use the service area average operating hours or the daily maximum operating hours, whichever is lower.
(i) The service area wide average operating hours shall equal the average of all operating hours based on the sample.
(ii) The service area daily maximum operating hours shall equal the number of hours in a day when the temperature was above 78 degrees Fahrenheit within the supplier’s service area.
(C) The evaporative cooler evaporation rate (REC) may be a daily average based on a sample meeting the criteria specified in paragraph (D). REC, in gallons per hour, shall be calculated by multiplying the average air exchange rate of the evaporative cooler units within the supplier’s service areas (CFM), in cubic feet per minute, by the average daily difference in hourly wet and dry bulb temperatures (ΔTBulb), in degrees Fahrenheit, and by a representative efficiency rate of 80 percent. To convert the heat absorbed, in British Thermal Units, to the volume of water evaporated by the coolers, in gallons, that product shall be divided by 8700. This formula is expressed mathematically as follows:

The average air exchange rate of the evaporative cooler units within the supplier’s service areas (CFM) and the average daily difference in hourly wet and dry bulb temperatures (ΔTBulb) shall be calculated according to the Department’s Methods for Estimating Residential Cooler Water Consumption and Prevalence using Account-Level Water and Energy Consumption Data (published April 15, 2022), which is hereby incorporated by reference, or an alternative method that the supplier has demonstra ted to the Departmen t, in coordination with the Board, to be equivalent, or superior, in quality and accuracy.

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(D) For the purposes of this section, the sample must represent at least 10,000 residential connections, or ten percent of residential connections, whichever is smaller.
(2) A variance for water use associated with seasonal populations (VSP), in gallons, shall be calculated by multiplying the number of dwelling units associated with seasonal occupancy (NDU) by the occupancy rate (RO) and by the residential indoor use standard for the given time period (Sindoor). This formula is expressed mathematically as follows:

VSP = NDU × Ro × Sindoor
(A) The number of dwelling units associated with seasonal occupancy (N DU) shall be calculated according to the Department’s Methods for Estimating Seasonal Populations with Water and Energy Data (published by June 22, 2022), which is hereby incorporated by reference, or an alternative method that the supplier has demonstrated to the Department, in coordination with the Board, to be equivalent, or superior, in quality and accuracy.
(B) The occupancy rate (RO) shall be calculated by dividing the average number of seasonally occupied rooms (RS) by the average number of rooms occupied by permanent residents (R P) and multiplying the quotient by the average number of people per permanently occupied household (HP) and the average number of days households are seasonally occupied (SDAYS). This formula is expressed mathematically as follows:

The average number of days households are seasonally occupied (SDAYS) shall be calculated according to the Department’s Methods for Estimating Seasonal Populations with Water and Energy Data (published June 22, 2022), which is hereby incorporated by reference, or an alternative method that the supplier has demonstrated to the Department, in coordination with the Board, to be equivalent, or superior, in quality and accuracy.
(C) Notwithstanding subdivision (b)(1)(B), a supplier is eligible for the variance for water use associated with seasonal populations if the supplier uses detailed daily or hourly Advanced Metering Infrastructure (AMI) data to effectively identify dwelling units with seasonal population and the associated water use represents 1 percent or more of the budget associated with the standard described in section 966 (c)(1). If the supplier uses detailed daily or hourly AMI data, then the occupancy rate (RO) shall be calculated by multiplying the water used by seasonally occupied homes (WSO) by the supplier’s residential service area population (P) and dividing the product by the water used for permanently occupied homes (WPO). The quotient shall be multiplied by the average number of days households are seasonally occupied (SDAYS). This formula is expressed mathematically as follows:

The average number of days households are seasonally occupied (SDAYS) shall be calculated according to the Department’s Methods for Estimating Seasonal

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Populations with Water and Energy Data (published June 22, 2022), or an alternative method that the supplier has demonstrated to the Department, in coordination with the Board, to be equivalent, or superior, in quality and accuracy. (d) An urban retail water supplier may request a temporary provision to respond to negative impacts to wastewater collection, treatment, and reuse systems, if the supplier shows to the satisfaction of the Board that meeting the objective pursuant to section 966 would require adhering to the applicable residential indoor standard identified in Wat er Code section 10609.4 and that meeting the budget for efficient residential indoor use is causing challenges within wastewater collection, treatment, and reuse systems. (e) In order to receive approval for a variance or a temporary provision, an urban retail water supplier must submit to the Board, in a machine-readable format for review and approval by the Executive Director, or the Executive Director’s designee, a request that includes information quantifying and substantiating each request; information demonstrating that the water applicable to the request is water delivered by the supplier; information verifying that the approval of the request would not jeopardize the ability of a permittee within the supplier’s service area to comply with existing permit requirements ; and information describing and supporting the methodology the supplier will use to estimate the parameters described in subdivision (c), including the number of households sampled and the total number of residential connections, as report ed to the Board pursuant to Health and Safety Code section 116530.
(1) Approved variances or temporary provisions submitted between July 1 and October 1 may be included in the associated budget for the prior state fiscal year. (2) Approved variances or temporary provisions submitted between October 2 and June 30 may be included in the associated budget for the current state fiscal year. (3) Approved variances and temporary provisions may be included in the associated budget for up to five years. Variance and temporary provision approval constitutes approval of both methodology and data . Unless otherwise specified in section 975, a supplier may use the same data for each year or update the data annually in accordance with the approved variance or temporary provision methodology.

Authority: Sections 1058,10609.2, and 10609.20, Water Code.

References: Article X, Section 2, California Constitution; Section 51201, Government Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, 10609.4, and 10609.10, Water Code.

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Adopt new section 968:
§ 968. Outdoor Residential Water Use Standard
(a)
(1) Through June 30, 2035, the standard for efficient residential outdoor use (Soutdoor) shall be a landscape efficiency factor of 0.80.
(2) Beginning July 1, 2035, and through June 30, 2040, the standard for efficient residential outdoor use shall be a landscape efficiency factor of 0.63. (3) Beginning July 1, 2040, the standard for efficient residential outdoor use shall be a landscape efficiency factor of 0.55.
(4) The standard for efficient residential outdoor use for residential special landscape areas shall be a landscape efficiency factor of 1.0.
(5) The standard for newly constructed residential landscapes (Snew) shall be a landscape efficiency factor of 0.55.
(b)
(1) Each year, an urban retail water supplier shall calculate its budget for efficient residential outdoor water use (Routdoor), in gallons, by multiplying the applicable standard (Soutdoor) described in subdivision (a) by the square footage of the most current available residential landscape area (RLA) as described in subdivision (b)(2 ) or (b)(3), net reference evapotranspiration (Net ET 0), and a unit conversion factor of

0.62. This formula is expressed mathematically as follows:

Routdoor = Soutdoor × RLA × Net ET0 × 0.62
(2) Until updated residential landscape area data are available pursuant to paragraph (3), residential landscape area shall be, for each supplier:
(A)
(i) The supplier’s unique square footage of Irrigable Irrigated area included in the Landscape Area Measurements Project update released by the Department on December 6, 2023. After the effective date of this section, a supplier may adjust this value by adding the residential parkway area provided by the Department that the supplier has confirmed is associated with a residential service connection; or
(ii) For a supplier that has not received residential landscape area data from the Department by the effective date of this section, the supplier’s unique square footage of Irrigable Irrigated area shall be what the Department first provides after this section takes effect.
(B) If the supplier’s actual urban water use for the reporting year, calculated in accordance with Water Code section 10609.22, is greater than the urban water use objective calculated pursuant to section 966 without inclusion of Irrigable Not Irrigated area, a supplier may include:
(i) Twenty percent of the supplier’s unique square footage of Irrigable Not Irrigated area included in the Landscape Area Measurements Project update released by the Department on December 6, 2023; or
(ii) For a supplier that has not received residential landscape area data from the Department by the effective date of this section, twenty percent of the supplier’s unique square footage of Irrigable Not Irrigated area first provided by the Department after this section takes effect.
(3) Residential landscape area shall be, for each supplier, the most current updated Irrigable Irrigated area:

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(A) Provided by the Department;
(B) Updated by a supplier pursuant to paragraph (4); or (C) Provided by an entity other than the Department or a supplier according to the following criteria:
(i) The residential landscape area is generated as part of a transparent statewide analysis covering the service areas of all urban retail water suppliers; (ii) Developed with methodologies and procedures that have been demonstrated to the Department to be equivalent, or superior, in quality and accuracy, to those used by the Department to develop residential landscape area; and (iii) Results in landscape area data that have been demonstrated to the Department to be equivalent, or superior, in quality and accuracy to the data included in the Landscape Area Measurements Project update released by the Department on December 6, 2023.
(4) A supplier may, for each reporting year, use an alternative data source for reference evapotranspiration, effective precipitation, or its Irrigable Irrigated area, if it demonstrates to the Department, in coordination with the Board, that the data are equivalent, or superior, in quality and accuracy to the data included in the Landscape Area Measurements Project update released by the Department on December 6, 2023. Alternative data pursuant to this paragraph shall be reported pursuant to section 975.
(5) Notwithstanding subdivisions (b)(2) and (b)(3), a supplier may subtract landscape area that has been categorized as residential but that the supplier has identified as Commercial, Industrial, or Institutional (CII). If the area consists of CII landscapes with dedicated irrigation meters, it shall be included in a supplier’s objective pursuant to section 969.
(c)
(1) Notwithstanding subdivision (b)(1), an urban retail water supplier may calculate its residential outdoor water use budget (Routdoor), in gallons, by subtracting the square footage of residential special landscape areas (RSLA) from the square footage of the most currently available residential landscape area (RLA) as defined in subdivision (b)(2) and multiplying the result by the applicable standard (Soutdoor) described in subdivision (a); then, by adding that value to the product of the standard for residential special landscape areas (SRSLA) as described in subdivision (a)(4) and the square footage of residential special landscape areas (RSLA); and lastly, by multiplying that sum by net reference evapotranspiration (Net ET0) and a unit conversion factor of 0.62.

This formula is expressed mathematically as follows:

Routdoor = (Soutdoor × (RLA – RSLA) + SRSLA × RSLA) × Net ET0 × 0.62

(2) In order to calculate a residential outdoor budget pursuant to this subdivision, a supplier shall demonstrate to the Department, in coordination with the Board, that the landscape areas meet the definition specified in section 965 (aaa). Residential special landscape area data shall be reported pursuant to section 975, and, unless updated by a supplier pursuant to this paragraph, data approved by the Department may be included for up to five years.

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(3) For the purposes of this subdivision, the square footage of existing pools, spas, and similar water features shall be either (A) the value included in the Landscape Area Measurements Project update released by the Department on December 6, 2023, or any updates thereafter, or (B) alternative data, if the supplier demonstrates to the Department, in coordination with the Board, that the data are equivalent, or superior, in quality and accuracy to the data provided by the Department. (d) If not included as a variance pursuant to subdivision (g)(3), a n urban retail water supplier may add to its residential outdoor budget calculated pursuant to subdivisions (b)(1) or (c)(1) the volume of water associated with residential agricultural landscapes. The budget for residential outdoor water use associated with residential agricultural landscapes (RAg), in gallons, is calculated by multiplying a unit conversion factor of 0.62 by the standard for residential special landscape areas (SRSLA) described in subdivision (a)(4) and by the values provided by the Department for the following parameters: the square footage of residential agricultural landscapes (LAAg) and the net reference evapotranspiration for the aggregated growing seasons associated with the crops grown on residential agricultural landscapes (Net ET0 Ag). This formula is expressed mathematically as follows:

RAg = SRSLA × LAAg × Net ETO Ag × 0.62
(e)
(1) An urban retail water supplier may add to its residential outdoor budget calculated pursuant to subdivision (b)(1) or (c)(1) the volume of water associated with newly constructed residential landscapes. The budget for residential outdoor water use associated with newly constructed residential landscapes (Routdoor, new), in gallons, is calculated by multiplying the standard (Snew) described in subdivision (a)(5) by the square footage of the supplier’s newly constructed residential landscape area (RLAnew) as described in subdivision ( e)(2), net reference evapotranspiration (Net ET 0), and a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

Routdoor, new = Snew × RLAnew × Net ET0 × 0.62

(2) The
existence of newly constructed residential landscape area shall be demonstrated by using:
(A) Data from annual reporting required by section 495 (b)(6), provided the report has disaggregated newly constructed residential landscapes from the total landscape area reported;
(B) On the ground measurements of newly constructed residential landscapes; or (C) Measurements of newly constructed residential landscapes collected using accurate remote sensing methods.
(f)
(1) An urban retail water supplier may annually, in calculating its urban water use objective, include budgets for variances for residential outdoor water use as follows:
(A) the supplier submits supporting information meeting the criteria described in subdivision (j).
(B) The associated water use must, for any individual variance identified in paragraph (2)(A) through (C), represent 5 percent or more of the budget associated with the standard described in section 966 (c)(2).

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(C) The associated water use for the variances identified in paragraph (2)(D) and in section 969 (e)(2)(A), or the associated water use for the variance identified in paragraph (2)(E) and in section 969 (e)(2)(B), must represent 5 percent or more of the sum of the budgets associated with the standards described in section 966 (c)(2) and (3).
(2) Variances may be requested for water use associated with any of the following:
(A) Populations of horses and other livestock
(B) Controlling dust on horse corrals or other animal exercise arenas (C) Irrigating agricultural landscapes that are within residential areas but have not been classified as irrigable irrigated by the Department
(D) Responding to emergency events, not including drought (E) Landscapes irrigated with recycled water containing high levels of TDS (F) Supplementing ponds and lakes to sustain wildlife as required by existing regulations or local ordinances
(G) Irrigating existing residential trees.
(g) Variances available pursuant to subdivision (f) shall be calculated as follows:
(1) A variance for water use associated with horses and other livestock (Vlivestock), shall be calculated as the sum of water allocations for each animal type -class (T). The water allocation for an animal type-class shall be calculated by multiplying the daily water use of the animal type -class (VT), as specified in paragraphs (A) through (D), by the number of animals (NT), by the average number of days per year where water is provided to the animal type (DT). This formula is expressed mathematically as follows:
(A) For sheep, llama, donkey, swine, and other medium-sized livestock between 200 and 500 pounds, the daily water use shall be the lesser of 8 gallons of water per day per animal or the amount specified in section 697.
(B) For cattle, bulls, and other livestock greater than 500 pounds, the daily water use shall be 11 gallons of water per day per animal.
(C) For horses and mules, the daily water use shall be 13 gallons of water per day per animal.
(D) For milking cows, the daily water use shall be 16 gallons of water per day per animal.
(2) A variance for water use associated with dust control on horse corrals or other animal exercise arenas (Vcorral) shall be calculated by multiplying the square footage of corrals or other animal exercise arenas (Acorral) by the number of days per year the corrals or other animal exercise arenas may be watered (NW) pursuant to paragraph (B), by

0.021 feet of water per water day, and then by 7.48 gallons per cubic foot. This formula is expressed mathematically as follows:

Vcorral
= Aco rral ×NW × 0.021 × 7.48

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ITEM 15
(A) The square footage of corrals or other animal exercise arenas in the supplier’s service area (Acorral) shall be either the value included in the Landscape Area Measurements Project update released as a separate corral dataset by the Department on December 6, 2023, or any updates thereafter, or alternative data, if the supplier demonstrates to the Department, in coordination with the Board, that the data are equivalent, or superior, in quality and accuracy to the data provided by the Department.
(B) The number of days per year that corrals or other animal exercise arenas (NW) may receive a water budget varies by climate zone as follows:
(i) For climate zones 1 through 5 and zone 7, corrals or other animal exercise arenas shall be watered no more than 2 days per week.
(ii) For climate zones 6, 8 through 10, 12, and 16, corrals or other animal exercise arenas shall be watered no more than 3 days per week.
(iii) For climate zones 11 and 13 through 15, corrals or other animal exercise arenas shall be watered no more than 4 days per week.
(iv) If a supplier’s service area spans multiple climate zones, the supplier shall, for the purposes of calculating this variance, use the climate zone that covers the majority of the supplier’s service area. A supplier may, upon a showing to the satisfaction of the Board, use the climate zone that covers the majority of the square footage of corrals or other animal exercise arenas within the supplier’s service area.
(3) A variance for water used to irrigate residential agricultural landscapes (V Ag) shall be calculated by multiplying a unit conversion factor of 0.62 by the values provided by the Department for the following parameters: the landscape efficiency factor (LEFAg) as described in paragraph (B), the square footage of residential agricultural landscapes (LAAg), and the net reference evapotranspiration for the aggregated growing seasons associated with the crops grown on residential agricultural landscapes (Net ET0 Ag).

This formula is expressed mathematically as follows:

VAg
= LEFAg × LAAg × Net ETO Ag × 0.62
(A) Notwithstanding subdivision (f)(1)(B), if a supplier is using crop-specific landscape area, then the supplier may, in calculating its residential outdoor budget, include an approved variance for water used to irrigate residential agricultural landscapes if the associated water use for this variance represents 1 percent or more of the budget associated with the standard described in section 966 (c)(2).

A supplier
using crop-specific landscape area shall calculate a variance for water used to irrigate residential agricultural landscapes (V Ag) by multiplying the square footage of the landscape area used for each crop (LAcrop) by each crop’s unique efficiency factor (EFcrop) described in paragraph (C), by the net reference evapotranspiration associated with each crop’s growing season (Net ET0 crop), and by a unit conversion factor of 0.62; and then summing the products for each crop. This formula is expressed mathematically as follows:

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ITEM 15
(B) The landscape efficiency factor for residential agricultural landscapes (LEFAg) shall be the annual factor, calculated using data provided by the Department, as the average regional crop coefficient divided by the average regional irrigation efficiency. The average regional crop coefficient for the reporting year will be based on the most recent Statewide Crop Mapping dataset developed by the Department and the most recent crop coefficients identified in the Food and Agriculture Organization of the United Nation’s (FAO) Irrigation and Drainage Paper 24 (published in 1977), FAO’s Irrigation and Drainage Paper 56 (published in 1998), the University of California Cooperative Extension’s (UCCE) Leaflet 21427: Using Reference Evapotranspiration (ET0) and Crop Coefficients to Estimate Crop Evapotranspiration (ETC) for Agronomic Crops, Grasses, and Vegetable Crops (published in 1989), or UCCE’s Leaflet 21428 : Using Reference Evapotranspiration and Crop Coefficients to Estimate Crop Evapotranspiration for Trees and Vines (published in 1989), which are hereby incorporated by reference.

The irrigation efficiency shall be based on the Application Efficiency: Hydrologic Region 2010 values developed by the University of California (UC) Davis Water Management Research Group that are located in the Research Report: Spatial Analysis of Application Efficiencies in Irrigation for the State of California (published in June 2013), hereby incorporated by reference, or a comparable tool if the supplier demonstrates to the Department that the tool is equivalent, or superior, in quality and accuracy.
(C) Each crop’s unique efficiency factor (EFcrop) shall be calculated as the crop coefficient divided by efficiency of the irrigation system associated with that specific crop in the supplier’s service area. The crop coefficient values shall be the most recent crop coefficients identified in the FAO’s Irrigation and Drainage Paper 24 (published in 1977), FAO’s Irrigation and Drainage Paper 56 (published in 1998), UCCE’s Leaflet 21427 : Using Reference Evapotranspiration (ET0) and Crop Coefficients to Estimate Crop Evapotranspiration (ETC) for Agronomic Crops, Grasses, and Vegetable Crops (published in 1989) , or UCCE’s Leaflet 21428:

Using Reference Evapotranspiration and Crop Coefficients to Estimate Crop Evapotranspiration for Trees and Vines (published in 1989). The irrigation efficiency shall be based on Application Efficiency: Hydrologic Region 2010 values developed by the UC Davis Water Management Research Group that are located in the Research Report: Spatial Analysis of Application Efficiencies in Irrigation for the State of California (published in June 2013), or a comparable tool if the supplier demonstrates to the Department that the tool is equivalent, or superior, in quality and accuracy.
(4) A variance for water used to respond to a state or local emergency declared in accordance with Government Code section 8558 (b) or 8558 (c), not including a drought, shall be equal to the volume of water used to respond to the emergency event.
(A) To be eligible for this variance, a supplier shall provide a copy of the emergency declaration pursuant to Government Code section 8558 (b) or 8558 (c), official evacuation orders, official incident reports, a document describing or map showing impacted parcels, and records of the total volume of water used as part of the emergency response efforts.
(B) This variance shall not include water reported to the Board supporting a variance for unexpected adverse conditions pursuant to section 985.

ATTACHMENT C
ITEM 15
(5)
(A) A variance for the volume of water associated with landscapes irrigated with recycled water containing high levels of TDS (VHTDS) shall be calculated by multiplying the applicable landscape efficiency factor (LEFA) described in paragraph (i) or (ii) by the square footage of the landscape area irrigated with recycled water containing high levels of TDS (LAHTDS), by net reference evapotranspiration (Net ET0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

VHTDS =LEFA × LAHTDS × Net ET0 × 0.62

(i) The landscape efficiency factor (LEFA) for landscapes using recycled water with TDS concentrations between 900 and 1,600 milligrams per liter (mg/L) shall be calculated by multiplying 0.000371 by the difference between the TDS concentration, in mg/L, of the applied recycled water and 900. This formula is expressed mathematically as follows:

LEFA = 0.000371 × (Concentration of recycled water – 900)

(ii) The landscape efficiency factor (LEFA) for landscapes using recycled water with concentrations of TDS equal to or above 1,600 mg/L shall be 0.26. (B) Notwithstanding subdivision (f)(1)(C), a supplier may include a variance for water used to irrigate landscapes with recycled water containing high levels of TDS for which the sum of the associated water use calculated pursuant to this paragraph and section 969 (e)(2)(B) represents 1 percent or more of the sum of budgets described in section 966(c)(2) and (c)(3), if the supplier is using detailed plant based leaching requirements. A supplier using detailed, plant based leaching requirements shall calculate a variance for water used to irrigate landscapes with recycled water containing high levels of TDS (V HTDS) by subtracting one from the applicable landscape efficiency factor (LEF B) described below and multiplying the difference by the square footage of the landscape area irrigated with recycled water containing high levels of TDS (LAHTDS), net reference evapotranspiration (Net ET0), and a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

VHTDS = (LEFB -
1) × LAHTDS × Net ET0 × 0.62

(i
) The landscape efficiency factor (LEFB) for recycled water applied via sprinkler systems shall be calculated by dividing the plant factor (PF) described in paragraph (iii) by the product of an irrigation efficiency factor of 0.75 and the difference between one and the plants’ leaching requirement (LR) described in paragraph (iv). This formula is expressed mathematically as follows:

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ITEM 15
(ii) The landscape efficiency factor (LEF B) for recycled water applied via drip irrigation systems shall be calculated by dividing the plant factor (PF) as described in paragraph (iii) by the product of an irrigation efficiency factor of

0.81 and the difference between one and the plants’ leaching requirement (LR) as described in paragraph (iv). This formula is expressed mathematically as follows:
(iii) The plant factor shall be that of the lowest water-using plant that is present in at least 30 percent of the landscaped area.
(iv) The leaching requirement (LR) shall be equal to the salinity of the recycled water measured as electrical conductivity (ECiw), in dS/m, divided by the difference between the product of 5 and the plant’s salinity threshold measured as electrical conductivity (ECe), in dS/m, and the salinity of the recycled water measured as electrical conductivity (EC iw), in dS/m. ECiw shall be capped at the equivalent of 1,600 mg/L. This formula is expressed mathematically as follows:
(C) Suppliers delivering recycled water with high levels of TDS for landscape irrigation shall only be eligible for the variance if the following conditions are met:
(i) The facility that produces the recycled water has completed annual volumetric reporting requirements consistent with the Board’s Water Quality Control Policy for Recycled Water, Resolution No. 2018-0057 (adopted by the Board on December 12, 2018), which is hereby incorporated by reference; (ii) The application of the recycled water complies with all applicable waste discharge requirements;
(iii) The application of the recycled water does not violate the terms of the applicable salt or nutrient management plan;
(iv) The application of the recycled water adheres to the Board’s Anti-Degradation Policy, Resolution No. 68-16 (adopted by the Board on October 28, 1968), which is hereby incorporated by reference, or any update thereto. (6) A supplier may include a variance for water use associated with ponds and lakes for sustaining wildlife, if the pond or lake is required to be maintained by regulation or local ordinance. A variance for water associated with ponds or lakes required to be maintained by regulation or local ordinance (Vwildlife) shall be calculated by multiplying

1.1 by the square footage of applicable ponds and lakes, by reference evapotranspiration less annual precipitation, and by a unit conversion factor of 0.62.

This formula is expressed mathematically as follows:

Vwildlife=1.1 × Ponds and Lakes Area × (ET0 – Annual Precipitation) × 0.62 (A) A supplier may, for each reporting year, use an alternative data source for annual precipitation, if it demonstrates to the Department, in coordination with the Board, that t
he data are equivalent, or superior, in quality and accuracy to the data provided by the Department. Alternative data pursuant to this paragraph shall be reported pursuant to section 975.

ATTACHMENT C
ITEM 15
(7)
(A) Beginning July 1, 2040, a supplier may include a variance for water use associated with the irrigation of existing residential trees. This variance (V R-trees), in gallons, shall be calculated by multiplying the square footage of existing residential trees (AR-trees), by 0.08, by net reference evapotranspiration (Net ET0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

VR-trees = AR-trees × 0.08 × Net ET0 × 0.62

(B) The square footage of existing residential trees (AR-trees) shall be the square footage of existing residential tree canopy coverage within the supplier’s residential landscape area, as described in subdivisions (b)(2) and (3). A supplier must describe and substantiate how the square footage of existing tree canopy was quantified.
(C) A supplier shall only be eligible for the variance for existing residential trees if the following conditions are met:
(i) The supplier submits to the Board an analysis that quantifies the irrigation needs of existing trees and evaluates how those needs are being met. The analysis shall be based on an inventory of existing trees within the supplier’s service area. The inventory must include detailed tree data including but not limited to tree species and tree diameter at breast height for at least 10 percent of trees, or a statistically valid sample. The analysis and inventory must be prepared or validated by a credentialed or certified urban forester or certified arborist.
(ii) The supplier submits to the Board an analysis demonstrating that meeting its water use objective pursuant to section 966 would require adhering to the residential outdoor standard identified in section 968 (a)(3) and that meeting the budget for efficient residential outdoor use would unavoidably and adversely affect tree health. Th e analysis must also demonstrate that the supplier cannot meet its water use objective pursuant to section 966 by first taking, incentivizing, or causing other feasible actions, such as the conversion of high-water use landscapes to climate-ready landscapes. (iii) The supplier submits, as an attachment to its annual report required by section 975(a), a link to, or an electronic copy of, the urban forest management plan or plans covering the supplier’s service area and a description of efforts to prioritize water for existing residential trees, as described in subdivision (j); leverage regional and local partnerships to support the installation and maintenance of climate-ready landscapes; and expand green infrastructure, such as swales or rain gardens, to help meet tree irrigation needs.
(h)
(1) An urban retail water supplier may, in calculating its annual urban water use objective, include budgets for temporary provisions for residential outdoor use if the supplier submits supporting information meeting the criteria described in subdivision (j). (2) Temporary provisions may be requested for water use associated with any of the following:
(A) The planting of new, climate-ready trees
(B) The establishment of qualifying landscapes.
(i) Temporary provisions available pursuant to subdivision (h) shall be calculated as follows:

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ITEM 15
(1) A temporary provision for the volume of water associated with planting climate -ready trees (Prtrees) shall be calculated by multiplying the number of newly planted climate - ready trees (Ntrees) by 4 square feet, by the number of days per year the newly planted climate-ready trees may be watered (N W) pursuant to paragraph (C), by 0.85, by net reference evapotranspiration (Net ET 0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

Prtrees=(Ntrees × 4) × NW × 0.85 × Net ET0 × 0.62
(A) A climate-ready tree is a tree that can be reasonably expected to survive both present and future climatic challenges such as heat, drought, extreme weather events, and pests within the supplier’s service area. Each newly planted climate - ready tree is assumed to occupy 4 square feet.
(B) A temporary provision for the volume of water associated with planting climate - ready trees applies for three years, starting with the fiscal year in which the trees were planted.
(C) The number of days per year that newly planted climate-ready trees (NW) may receive a water budget varies by climate zone as follows:
(i) For climate zones 1 through 5 and zone 7, no more than 2 days per week. (ii) For climate zones 6, 8 through 10, 12, and 16, no more than 3 days per week. (iii) For climate zones 11 and 13 through 15, no more than 4 days per week. (iv) If a supplier’s service area spans multiple climate zones, the supplier shall, for the purposes of calculating this temporary provision, use the climate zone that covers the majority of the supplier’s service area. (2) A temporary provision for the volume of water associated with the establishment of qualifying landscapes (Prland) as described in paragraph (A), shall be calculated by multiplying the square footage of the qualifying landscapes (LA land) by 0.85, by net reference evapotranspiration (Net ET 0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

Prland=LAland × 0.85 × Net ET0 × 0.62
(A) Qualifying landscapes are those that require temporary irrigation and are associated with at least one of the following: low-im
pact development, ecological
restoration, and mined-land reclamation projects.
(B) A temporary provision for water for the establishment of qualifying landscapes applies for three reporting periods, starting with the fiscal year in which irrigation of the qualifying landscape begins.

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ITEM 15
(j) In order to receive approval for either a variance or a temporary provision, an urban retail water supplier must submit to the Board in a machine-readable format for review and approval by the Executive Director, or the Executive Director’s designee, a request that includes information quantifying and substantiating each request; information demonstrating that the water applicable to the request is water delivered by the supplier; information verifying that the approval of the request would not jeopardize the ability of a permittee within the supplier’s service area to comply with existing permit requirements; information describing and supporting the methodology the supplier will use to estimate the parameters described in section 968 (f) and 968 (h); and a description of efforts to prioritize water for existing trees, including, but not limited to service-area wide rebate, direct install, and educational programs focused on transitioning to irrigation systems that promote deep and healthy root growth. Such irrigation systems include but are not limited to soaker hoses, deep drip watering stakes, drip tubing, and emitters. (1) Approved variances or temporary provisions submitted between July 1 and October 1 may be included in the associated budget for the prior state fiscal year. (2) Approved variances or temporary provisions submitted between October 2 and June 30 may be included in the associated budget for the current state fiscal year. (3) Approved variances and temporary provisions may be included in the associated budget for up to five years. Variance and temporary provision approval constitutes approval of both methodology and data . Unless otherwise specified in section 975, a supplier may use the same data for each year or update the data annually in accordance with the approved variance or temporary provision methodology.

Authority: Sections 1058 and 10609.2, Water Code.

References: Article X, Section 2, California Constitution; Section 3080, Civil Code; Sections 8558 and 51201, Government Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, and 10609.6, Water Code.

Adopt new section 969:
§ 969. Standard for outdoor irrigation of landscape areas with dedicated irrigation meters or equivalent technology in connection with commercial, industrial, and institutional (CII) water use.
(a)
(1) Through June 30, 2028, an urban retail water supplier’s budget for commercial, industrial, and institutional landscapes with dedicated irrigation meters (S DIM) shall be the supplier’s actual deliveries associated with landscape irrigation reported to the Board pursuant to Health and Safety Code section 116530. (2) Beginning July 1, 2028, and through June 30, 203 5, the standard for CII landscapes with DIMs (SDIM) shall be a landscape efficiency factor of 0.80. (3) Beginning July 1, 2035, and through June 30, 2040, the standard for CII landscapes with DIMs (SDIM) shall be a landscape efficiency factor of 0.63. (4) Beginning July 1, 2040, the standard for CII landscapes with DIMs (S DIM) shall be a landscape efficiency factor of 0.45.
(5) For CII landscapes with DIMs that are special landscape areas, the standard (SDIM SLA) shall be a landscape efficiency factor of 1.0. The SDIM SLA shall be applied to CII landscapes with DIMs that are special landscape areas as defined in section 491 as well as CII landscapes with DIMs that are any of the following:
(A) Slopes designed and constructed with live vegetation as an integral component of stability;

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ITEM 15
(B) Ponds or lakes receiving supplemental water for purposes of sustaining wildlife, recreation, or other public benefit, excluding water reported to the Board supporting a variance for ponds and lakes for sustaining wildlife required to be maintained by regulation or local ordinance;
(C) Plant collections, botanical gardens, and arboretums; (D) Public swimming pools and similar recreational water features; (E) Cemeteries built before 2015; and
(F) Landscapes irrigated with recycled water.
(6) The standard for newly constructed CII landscapes with DIMs shall be a landscape efficiency factor of 0.45.
(b)
(1) Beginning July 1, 2028, an urban retail water supplier shall calculate its budget for commercial, industrial, and institutional landscapes with dedicated irrigation meters (CIIDIM), in gallons, by multiplying the applicable standard (SDIM) described in subdivision (a) by the measured total square footage of the irrigated area of CII landscapes with DIMs (DIM LA), by net reference evapotranspiration (Net ET 0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

CIIDIM = SDIM × DIM LA × Net ET0 × 0.62

(2) No later than July 1, 2028, and periodically thereafter, a supplier shall quantify the measured total square footage of the irrigated area of CII landscapes with DIMs (DIM LA) and describe and substantiate how that area was quantified. Annual updates shall include the square footage of large landscapes that have had DIMs installed in accordance with section 973.
(3) A supplier may, for each reporting year, use alternative data sources for reference evapotranspiration and effective precipitation if the supplier demonstrates to the Department, in coordination with the Board, that the data are equivalent, or superior, in quality and accuracy to the data provided by the Department. The alternative data shall be reported pursuant to section 975.
(c)
(1) Notwithstanding subdivision (b)(1), if an urban retail water supplier delivers water to commercial, industrial, and institutional landscapes with dedicated irrigation meters that are special landscape areas , the supplier may calculate its budget for CII landscapes with DIMs as follows: Subtract the square footage of CII landscapes with DIMs that are special landscape areas (DIM SLA) from the total area of CII landscapes with DIMs (DIM LA). Then multiply the result by the applicable standard for CII landscapes with DIMs (SDIM) described in subdivision (a). Add that value to the product of the standard for CII landscapes with DIMs that are special landscape areas (S DIM SLA) described in subdivision (a)(5) and the square footage of CII landscapes with DIMs that are special landscape areas (DIM SLA). Then, multiply that sum by net reference evapotranspiration (Net ET 0) and by a unit conversion factor of 0.62. This formula is expr
essed mathematically as follows:

CIIDIM = ((SDIM × (DIM LA – DIM SLA)) + (SDIM SLA ×DIM SLA)) × Net ETO × 0.62

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ITEM 15
(2) In order to calculate the budget pursuant to this subdivision, a supplier may demonstrate to the Department, in coordination with the Board, that the landscape areas meet the definition specified in subdivision (a)(5). Special landscape area data shall be reported pursuant to section 975, and, unless updated pursuant to this paragraph, approved data may be included for up to five years. (d)
(1) Beginning July 1, 202 8, an urban retail water supplier may add to its budget for commercial, industrial, and institutional landscapes with dedicated irrigation meters (CIIDIM) calculated pursuant to (b)(1) or (c)(1) the volume of water associated with CII landscapes with DIMs that are newly constructed landscapes. The budget for CII landscapes with DIMs that are newly constructed landscapes (C DIM, new), in gallons, is calculated by multiplying the standard (S DIM-new) described in subdivision (a)(6) by the square footage of newly constructed CII landscapes with DIMs (DIM LAnew), by net reference evapotranspiration (Net ET0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

CIIDIM, new = SDIM-new × DIM LAnew × Net ET0 × 0.62
(2) The existence of newly constructed CII landscapes with DIMs shall be demonstrated by using:
(A) Data from annual reporting required by section 495(b)(6), provided the report has disaggregated newly constructed CII landscapes with DIMs from the total landscape area reported,
(B) On the ground measurements of newly constructed CII landscapes with DIMs, or (C) Measurements of newly constructed CII landscapes with DIMs collected using accurate remote sensing methods.
(e)
(1) An urban retail water supplier may annually, in calculating its urban water use objective, include budgets for variances for water use on commercial, industrial, and institutional landscapes with dedicated irrigation meters, if the supplier submits supporting information meeting the criteria described in section 968(j), and, for the variances identified in (2)(A) and (2)(B), the associated water use meets the applicable criteria specified in section 968(f)(1)(C) or section 968(g)(5)(B). (2) Variances may be requested for water use associated with any of the following:
(A) Responding to emergency events, not including drought (B) Irrigating landscapes with recycled water containing high levels of TDS (C
) Supplementing ponds and lakes to sustain wildlife as required by existing regulations or local ordinances
(D) Irrigating existing trees on CII landscapes with DIMs. (f) Variances available pursuant to subdivision (e) shall be calculated as follows:
(1) A variance for water used to respond to a state or local emergency, not including a drought, shall be calculated in the manner described in section 968(g)(4). (2) A variance for water used for landscapes irrigated with recycled water containing high levels of TDS shall be calculated in the manner described in section 968(g)(5). (3) A variance for water used to supplement ponds and lakes to sustain wildlife as required by existing regulations or local ordinancesshall be calculated in the manner described in section 968(g)(6).

ATTACHMENT C
ITEM 15
(4)
(A) Beginning July 1, 2040, a supplier may include a variance for water use associated with the irrigation of existing trees on CII landscapes with DIMs. The variance (VCII- trees) for water used to irrigate existing trees on CII landscapes with DIMs, in gallons, shall be calculated by multiplying the square footage of existing trees (ACII- trees) by 0.18, by net reference evapotranspiration (Net ET0), and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

VCII-trees = ACII-trees × 0.18 × Net ET0 × 0.62

(B) The square footage of existing trees on CII landscapes with DIMs (A CII-trees) shall be the square footage of existing tree canopy coverage within the square footage of CII landscapes with DIMs calculated pursuant to subdivision (b)(2). A supplier must describe and substantiate how the square footage of existing tree canopy was quantified.
(C) A supplier shall only be eligible for this variance if the conditions described in section 968(g)(7)(C) are met for existing trees on CII landscapes with DIMs, except that the supplier must substantiate that meeting its water use objective pursuant to section 966 would require adhering to the outdoor standard identified in section 969(a)(3) and that meeting the budget for efficient outdoor use on CII landscapes with DIMs would unavoidably and adversely affect tree health. The analysis must also demonstrate that the supplier cannot meet its water use objective pursuant to section 966 by first taking, incentivizing, or causing other feasible actions, such as the conversion of high-water use landscapes to climate-ready landscapes. (g)
(1) An urban retail water supplier may annually, in calculating its urban water use objective, include budgets for temporary provisions for water use on commercial, industrial, and institutional landscapes with dedicated irrigation meters if the supplier submits supporting information meeting the criteria described in section 968(j). (2) Temporary provisions may be requested for water use associated with any of the following:
(A) Planting new, climate-ready trees
(B) Establishing qualifying landscapes, as defined in section 968(i)(2)(A). (h) Temporary provisions available pursuant to subdivision (g) shall be calculated as follows:
(1) A temporary provision for the planting of new, climate-ready trees shall be calculated in the manner described in section 968(i)(1).
(2) A temporary provision for water used for the establishment of qualifying landscapes that require temporary irrigation shall be calculated in the manner described in section 968(i)(2).

Authority: Sections 1058 and 10609.2, Water Code.

ATTACHMENT C
ITEM 15
Adopt new section 970:
§ 970. Water Loss
(a) Suppliers shall calculate system-specific standards for real water loss pursuant to section 982.
(b)
(1) Each year, suppliers that own and operate a single system shall calculate their water loss budget (Bwater loss), in gallons, by multiplying the applicable water loss standard (Swater loss) calculated pursuant to section 982 by the number of days in the year, and, depending on the units associated with the standard calculated pursuant to section 982, by either the number of total service connections (C) or the length of the distribution system, in miles (M). These formulas are expressed mathematically as follows:

Bwater loss = Swater loss × C × days in the year
OR
Bwater loss = Swater loss × M × days in the year
(2) Suppliers that own and operate multiple systems shall calculate an aggregate annual water loss budget (SBwater loss) as described in paragraph (1) for each system and then by summing the estimated efficient water loss budgets associated with each system.

This formula is expressed mathematically as follows, with Bwater loss for system (i) referring to the water loss budget for system i in the set of all the systems owned and operated by the supplier (i is the summation index):
(c) Prior to a supplier’s initial compliance deadline specified in section 981, the supplier’s water loss budget may, alternatively, be equal to its previous year’s real water losses reported in its annual water loss audit submitted to the Department pursuant to Water Code section 10608.34 (c).

Authority: Sections 1058 and 10609.2, Water Code.

References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10608.34, 10609.2, and 10609.12, Water Code.

ATTACHMENT C
ITEM 15
Adopt new section 971:
§ 971. Bonus Incentive
(a) If an urban retail water supplier delivers water from a groundwater basin, reservoir, or other source that is augmented by potable reuse water, the supplier may add a bonus incentive to its objective. The bonus incentive shall be calculated pursuant to subdivision (b), in accordance with one of the following:
(1) If the potable reuse water is produced at an existing facility as defined in Water Code section 10609.20(d)(4), the bonus incentive shall not exceed 15 percent of the sum of the budgets described in section 966(c)(1) through (5). (2) For potable reuse water produced at all other facilities , the bonus incentive shall not exceed 10 percent of the sum of the budgets described in section 966(c)(1) through (5).
(b) The bonus incentive shall be calculated by multiplying the urban retail water supplier’s potable reuse volume (VPR), in gallons, calculated in accordance with any combination of paragraphs (1), (2), or (3), depending on where the potable reuse water is obtained, by the portion of total potable water production (T PW) delivered to residential and landscape irrigation connections (DRLI) for the reporting year. This formula is expressed mathematically as follows:

(1) A supplier shall calculate the volume of potable reuse water obtained from a groundwater source (V PRG) by dividing the product of the loss factor for groundwater recharge and recovery (LFG) and the volume of potable recycled water recharging the groundwater basin (R) by total groundwater basin extractions (VBP). The quotient is then multiplied by the supplier's groundwater basin extraction (VG). The formula is expressed mathematically as follows:

The loss factor for groundwater recharge and recovery (LF G) shall be calculated according to the Department’s Recommendations for Bonus Incentive Methods of Calculation and Supporting Data Requirements (published September 22, 2022 ), which is hereby incorporated by reference, or an alternative method that the supplier has demonstrated to the Department, in coordination with the Board, to be equivalent, or superior, in quality and accuracy.
(2) A supplier shall calculate the volume of potable reuse water obtained from an augmented reservoir source (VPRS) by dividing the product of the loss factor for evaporation and seepage (LFS) and the volume of potable recycled water augmenting the reservoir (A) by the total volume of water produced from the augmented reservoir (VSWP). The quotient is then multiplied by the volume of water the supplier produced from the augmented reservoir (VSW). The formula is expressed mathematically as follows:

ATTACHMENT C
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(3) A supplier shall calculate the volume of potable reuse water obtained from a Direct Potable Reuse project (VPRD) by multiplying the volume of finished water produced from the DPR project (VFIN-DPR) by the fraction (F) of water the supplier derived from the facility producing the finished water. The formula is expressed mathematically as follows:

Authority: Sections 1058 and 10609.20, Water Code.

References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, 10609.20, and 10609.21, Water Code.

Adopt new section 972:
§ 972. Performance Measures: Commercial, Industrial, and Institutional classification system
(a) Each urban retail water supplier shall annually classify each commercial, industrial, and institutional water user, based on the end -use of water for the water user, in accordance with ENERGY STAR Portfolio Manager’s broad categories.
(b) In addition to ENERGY STAR Portfolio Manager’s broad categories, each supplier shall identify every CII water user associated with:
(1) CII laundries
(2) Landscapes with Dedicated Irrigation Meters
(3) Water recreation
(4) Car wash. For every CII water user associated with a car wash for which the car wash accounts for the majority of that water user’s water use, the supplier shall also identify the water user’s ENERGY STAR Portfolio Manager property type. (c) Each supplier shall classify its existing CII water users by June 30, 2027. By June 30, 2028 and thereafter, the supplier shall maintain, for each reporting year, at least a 95 percent classification rate of all its CII water users.
(d) For systems that do not meet the criteria to be considered an urban retail water supplier until after the effective date of this section, and for a system that hydraulically consolidates with a supplier, this section applies beginning five (5) years after the system meets the criteria to be considered a supplier or consolidates with a supplier.

Authority: Sections 1058 and 10609.10, Water Code.

References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, and 10609.10, Water Code.

ATTACHMENT C
ITEM 15
Adopt new section 973:
§ 973. Threshold for converting Commercial, Industrial, and Institutional landscapes with mixed meters to Dedicated Irrigation Meters or employing in-lieu water management technologies
(a) Each urban retail water supplier shall either:
(1) By June 30, 2027, identify all existing commercial, industrial, and institutional (CII) water users associated with large landscapes; or
(2) By June 30, 2029, identify all existing CII water users associated with a large landscape and for which estimated outdoor water use exceeds the water budget calculated pursuant to subdivision (c)(1).
(b)
(1) For existing CII water users identified pursuant to subdivision (a), a supplier shall either install dedicated irrigation meters (DIMs) or employ at least one of the in -lieu technologies from paragraph (2) and offer the best management practices (BMPs) from paragraph (3).
(2) In-lieu technologies include:
(A) Water budget-based management program without a rate structure (B) Water budget-based rate structures
(C) Installation of technologies that enables the supplier to identify, estimate, and analyze outdoor water use, which may include but is not limited to Advanced Metering Infrastructure
(D) Use of technologies that enable suppliers to identify, estimate, and analyze outdoor water use, which may include but are not limited to remote sensing (E) Other in-lieu technologies that enable suppliers to identify, estimate, and analyze water use or improve outdoor water use efficiency, subject to Board approval. (3) Best management practices include, at a minimum, one BMP from section 974(f)(1) and at least two BMPs identified in section 974 (f)(3), including (B) and (C). (c)
(1) A supplier that calculates a budget for commercial, industrial, and institutional water users associated with large landscapes (CIIMUM) pursuant to subdivision (a)(2) shall do so by multiplying the area of those landscapes (LA LL) by net reference evapotranspiration (Net ET0), by 0.63 or, for Special Landscape Areas, 1.0, and by a unit conversion factor of 0.62. This formula is expressed mathematically as follows:

CIIMUM = LALL × Net ET0 × (0.63 or, for Special Landscape Areas, 1.0) × 0.62

(2) For purposes of this section, the area of the landscapes (LA LL) shall include only CII water users associated with large landscapes and shall be quantified and substantiated by the supplier using data generated by the Department. (3) Notwithstanding paragraph (2), a supplier may use data that it has demonstrated to the Department, in coordination with the Board, to be equivalent or superior in quality and accuracy.

(d) By June 30, 2039, a supplier shall have either installed dedicated irrigation meters (DIMs) on, or employed in -lieu water technologies for and offered BMPs to, all the water users identified pursuant to subdivision (a). By June 30, 2040 and thereafter, the supplier shall either have installed a DIM on, or employed in-lieu water technologies for and offered BMPs to, at least 95 percent of all commercial, industrial, and institutional (CII) water users associated with large landscapes, as assessed on a reporting year basis.

ATTACHMENT C
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(e) For systems that do not meet the criteria to be considered an urban retail water supplier until after the effective date of this section, and for a system that hydraulically consolidates with a supplier, this section applies beginning fifteen (15) years after the system meets the criteria to be considered a supplier or consolidates with a supplier.

Authority: Sections 1058 and 10609.10, Water Code.

References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, and 10609.10, Water Code.

Adopt new section 974:
§ 974. Commercial, Industrial and Institutional water use best management practices for customers that exceed a recommended size, volume of water use, or other threshold (a) By June 30, 2024, or the effective date of this section, whichever comes later, each supplier shall identify the disclosable buildings in its service area. In identifying the disclosable buildings within its service area, a supplier shall use the list of disclosable buildings the California Energy Commission has made available on its public website pursuant to California Code of Regulations, title 20, section 1683. (b) For a building that meets the definition of a disclosable building in section 1681 of the California Code of Regulations at title 20, a supplier shall, upon the building owner or Owner’s Agent request, complete the following:
(1) For each meter, deliver the last four characters of the meter serial number serving the building.
(2) For each meter, aggregate water use data, in monthly intervals, for at least the previous year, by one of the following methods:
(A) A supplier not using ENERGY STAR Portfolio Manager’s Data Exchange Services shall send the data to the building owner or Owner’s Agent using the template provided by ENERGY STAR Portfolio Manager or in a format compatible with the template.
(B) Suppliers using ENERGY STAR Portfolio Manager’s Data Exchange Services shall provide the data by direct upload to the building owner’s or Owner’s Agent’s ENERGY STAR Portfolio Manager account, or, at the building owner’s or Owner’s Agent’s request, send the data to the building owner or Owner’s Agent using the template provided by ENERGY STAR Portfolio Manager or in a format compatible with the template.
(c) Each supplier shall identify CII water users according to one of the following paragraphs (1), (2), or (3):
(1) By June 30, 2025, identify:
(A) Existing CII water users at or above the 97.5th percentile for CII water use; and (B) Existing CII water users at or above the supplier’s 80th percentile for CII water use. (2) By June 30, 2027, identify:
(A) Existing CII water users at or above the supplier’s 97.5 th percentile for CII water use; and
(B) Existing CII water users at or above the supplier’s 80th percentile for water use in each of the classification categories described in section 972. (3) By June 30, 2029, identify existing CII water users that appear to be inefficient according to key business activity indicators (KBAI) the supplier has developed for the classification categories described in section 972. A supplier may also develop KBAIs for the specific ENERGY STAR Portfolio Manager property types.

ATTACHMENT C
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(d) For the water users identified pursuant to (c)(1)(A) or (c)(2)(A), a supplier shall design, and implement pursuant to subdivision (h), a conservation program that includes at least two of the best management practices from each of paragraphs (1) through (5) in subdivision (f).
(e) For the water users identified pursuant to (c)(1)(B), (c)(2)(B), or (c)(3), a supplier shall design, and implement pursuant to subdivision (h), a conservation program that includes at least one of the best management practices from each of paragraphs (1) through (5) in subdivision (f).
(f)
(1) Outreach, Technical Assistance, and Education best management practices. (A) Direct contacts via site visits or phone calls
(B) Informative or educational bill inserts
(C) Conducting workshop or developing training videos
(D) Webpage portals to access information, tools, and rebates (E) Cost-effectiveness analysis tools
(F) Commercials or advertisements
(G) Grass roots marketing
(H) Community based social marketing
(I) Other CII-best management practices derived from additional innovation and technology advancement that can be taken by suppliers, subject to Board approval (2) Incentive best management practices.
(A) Rebates and cost-sharing for replacing inefficient fixtures, equipment, irrigation systems or landscapes with water efficient ones
(B) Certification or branding programs that recognize customers as water efficient (C) Incentives for technologies that enable customers to identify, measure, and analyze indoor and outdoor water use
(D) Other CII-best management practices derived from additional innovation and technology advancement that can be taken by suppliers, subject to Board approval (3) Landscape best management practices.
(A) Landscape and irrigation management practices to promote improved water use efficiency
(B) Irrigation system inspections, audits, or surveys
(C) Training or guidance on irrigation scheduling and maintenance (D) New development landscape inspection, workshops, and training (E) Programs to remove turf and replace it with climate-ready vegetation (F) Programs to decrease urban heat and reduce turf water use by planting trees (G) Programs to install green infrastructure such as swales or rain gardens that offset irrigation needs
(H) Other CII-best management practices derived from additional innovation and technology advancement that can be used by suppliers, subject to Board approval (4) Collaboration and coordination best management practices. (A) Coordination with “green” building certification or recognition programs to promote water use efficiency
(B) Coordination with land use authorities to check new landscapes design and implementation
(C) Collaboration with non-governmental organizations on outreach and education (D) Collaboration with municipal arborists and tree planting organizations to expand and maintain urban forests
(E) Collaboration with stormwater agencies to install green infrastructure such as swales or rain gardens to also offset irrigation needs

ATTACHMENT C
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(F) Other CII-best management practices derived from additional innovation and technology advancement that can be taken by suppliers, subject to Board approval (5) Operational best management practices.
(A) Infrastructure changes (for example, smart meter replacement programs) (B) Billing or data collection procedures (for example, data tracking, analysis, and reporting improvements)
(C) Other operational best management practices to facilitate CII best management practices program implementation and evaluation
(D) Other CII best management practices derived from additional innovation and technology advancement that can be taken by suppliers, subject to Board approval (g)
(1) Notwithstanding subdivisions (d) and (e), a supplier for which annual CII water deliveries are 10 percent or less of total deliveries, as averaged over a five-year period, shall design and implement pursuant to subdivision (h) a conservation program that includes at least two of the best management practices from in subdivision (f)(1). (2) Notwithstanding subdivisions (d) and (e), a supplier need not offer BMPs from subdivision (f)(3) to customers that meet the criteria identified in this section but do not use water outdoors.
(3) For purposes of subdivisions (d) and (e), a supplier may rely on a regional entity in lieu of designing its own conservation program.
(h)
(1) By June 30, 2039, a supplier shall implement a conservation program for existing CII customers meeting the criteria identified in this section. After June 30, 2040, the supplier shall maintain a conservation program for all CII customers meeting the criteria identified in this section.
(2) For purposes of this section, a supplier may rely on implementation by a regional entity in lieu of implementing its own conservation program.
(i) For systems that do not meet the criteria to be considered an urban retail water supplier until after the effective date of this section, and for a system that hydraulically consolidates with a supplier, this section applies beginning fifteen (15) years after the system meets the criteria to be considered a supplier or consolidates with a supplier.

Authority: Sections 1058 and 10609.10, Water Code.

References: Article X, Section 2, California Constitution; Section 4185, Civil Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10609.2, and 10609.10, Water Code.

Adopt new section 975:

§ 975. Reporting
(a) Each urban retail water supplier shall submit to the Board, no later than January 1, 2024, and by January 1 every year thereafter, the report required by Water Code section 10609.24. The report shall reflect the conditions of the previous state fiscal year , except as specified in subdivision (b).
(b) No later than January 1, 2025, and by January 1 every year thereafter, each urban retail water supplier shall submit to the Board, on a machine -readable form provided by the Board, the supplier’s urban water use objective calculated pursuant to section 966 along with relevant and supporting data. Relevant and supporting data shall reflect the previous state fiscal year’s conditions, unless approved pursuant to section 967(e) or section 968(j), and shall include:

ATTACHMENT C
ITEM 15
(1) For the residential indoor water use budget described in section 967, the following parameters:
(A) The volume of water associated with the residential indoor budget (Rindoor) calculated pursuant to section 967.
(B) Residential service area population. The residential service area population shall be the annual value reported to the Board pursuant to Health and Safety code section 116530 and California Code of Regulations, title 22, section 64412. (C) If the supplier has requested and received approval to include in its objective a budget associated with the evaporative cooler variance pursuant to section 967(b)(2), the following information:
(i) The volume of water associated with the variance (VEC) calculated pursuant to section 967(c)(1). This must be calculated and updated annually. (ii) The number of evaporative coolers in the service area (NEC) (iii) The average daily operating hours (HO)
(iv) The average daily evaporative rate (REC)
(v) The number of operating days as described in section 967(c)(1). This must be calculated and updated annually.
(D) If the supplier has requested and received approval to include in its objective a budget associated with the seasonal population variance pursuant to section 967(b)(2), the following information:
(i) The volume of water associated with the variance (VSP) calculated pursuant to section 967(c)(2)
(ii) The number of dwelling units associated with seasonal occupancy (NDU) (iii) The occupancy rate (RO)
(iv) If using the method described in section 967(c)(2)(C), the parameters described in this paragraph must be calculated and updated annually. (2) For the residential outdoor water use budget described in section 968:
(A) The volume of water associated with the residential outdoor budget (Routdoor) calculated pursuant to section 968.
(B) Annual reference evapotranspiration and effective precipitation data provided by the Department, or alternative reference evapotranspiration or effective precipitation data meeting the criteria specified in section 968(b)(4). (C) Residential landscape area data provided by the Department, or alternative residential landscape area data meeting the criteria specified in section 968(b)(3). (D) Any residential special landscape area meeting the criteria specified in section 968 (c). For residential special landscape areas irrigated with recycled water, the supplier shall, unless otherwise specified, provide information to trace the recycled water network at least once every five years:
(i) The Public Water System Identification (PWSID) number associated with each system delivering recycled water to residential landscapes (ii) Annual metered non -potable residential landscape irrigation demand, as reported to the Board pursuant to Health and Safety Code section 116530.

This must be updated annually.
(iii) The GeoTracker Global Identification Number used for Volumetric Annual Reporting by each facility producing the recycled water that the supplier reported delivering to residential landscapes
(iv) The PWSID number associated with each system producing the recycled water from each facility identified in (iii)

ATTACHMENT C
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(v) The square footage of residential land irrigated with recycled water. If annually reported to a Regional Water Quality Control Board, the value reported pursuant to this section shall be the same value as annually reported to the Regional Water Quality Control Board.
(vi) The Waste Discharge Identification Number (WDID) associated with the land application of recycled water.
(E) Any residential landscape area associated with new construction and meeting the criteria specified section 968 (e)(2).
(F) If the supplier has requested and received approval to include in its objective a budget associated with the variance for horses and other livestock water use pursuant to section 968(f)(2):
(i) The volume of water associated with the variance (Vlivestock) calculated pursuant to section 968(g)(1)
(ii) The number of animals according to each animal type-class (iii) The average number of days per year that water is provided to each animal type-class.
(G) If the supplier has requested and received approval to include in its objective a budget associated with the variance for water associated with dust control on horse corrals or other animal exercise arenas pursuant to section 968(f)(2):
(i) The volume of water associated with the variance (Vcorral) calculated pursuant to section 968(g)(2)
(ii) The square footage of corrals or other animal exercise arenas provided by the Department, or alternative data as specified in section 968(g)(2)(A). (H) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate residential agricultural landscapes pursuant to section 968(f)(2), the following information:
(i) The volume of water associated with the variance (VAg) calculated pursuant to section 968(g)(3). This must be calculated and updated on an annual basis. (ii) Reference evapotranspiration and effective precipitation data for the aggregated growing seasons associated with the crops grown on residential agricultural landscapes This must be calculated and updated on an annual basis
(iii) The average regional crop coefficient
(iv) The average regional irrigation efficiency
(v) The square footage of residential agricultural landscapes. (I) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate residential agricultural landscapes pursuant to section 968(f)(2) and i f the variance is calculated using crop -specific landscape area, the following information:
(i) The volume of water associated with the variance (VAg) calculated pursuant to section 968(g)(3)(A). This must be calculated and updated on an annual basis (ii) The reference evapotranspiration and effective precipitation data associated with each crop’s growing season. This must be calculated and updated on an annual basis
(iii) The unique efficiency factor for each crop, calculated according to section 968(g)(3)(C)
(iv) The landscape area associated with each crop, as estimated by the supplier.

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(J) If the supplier has requested and received approval to include in its objective a budget associated with the variance for water used to respond to state or local emergency events pursuant to sections 968(f)(2), the following information, which must be calculated and updated on an annual basis:
(i) The volume of water associated with the variance
(ii) The required documentation described in section 968(g)(4). (K) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate landscapes with recycled water containing high levels of TDS pursuant to section 968(f)(2) and relied on the calculation method described in section 968(g)(5)(A):
(i) The volume of water associated with the variance (VHTDS) calculated pursuant to section 968(g)(5)(A). This must be calculated and updated on an annual basis.
(ii) The square footage of residential land irrigated with recycled water containing high levels of TDS. If reported to a Regional Water Quality Control Board, the value reported pursuant to this section shall be the same value as reported to the Regional Water Quality Control Board.
(iii) The concentration of TDS, in mg/L
(iv) The Public Water System Identification (PWSID) number associated with each system delivering to residential landscapes recycled water containing high levels of TDS
(v) Annual metered non -potable residential landscape irrigation demand, as reported to the Board pursuant to Health and Safety Code section 116530.

This must be updated annually.
(vi) The GeoTracker Global Identification Number used for Volumetric Annual Reporting by each facility producing the recycled water containing high levels of TDS
(vii) The PWSID associated with each system producing the recycled water from each facility identified in (vi)
(viii) The waste discharge identification number (WDID) for the Waste Discharge Requirements associated with the land application of treated recycled water with high levels of TDS
(ix) The permitted concentration of TDS, in mg/L
(x) The permitted volume of applied recycled water, in gallons (xi) An electronic copy of the applicable salt and nutrient management plan or plans, if any.
(L) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate landscapes with recycled water containing high levels of TDS pursuant to section 968(f)(2) and relied on the calculation method described in section 968(g)(5)(B):
(i) All parameters identified in paragraph (K), except (iii) (ii) The plant factor
(iii) The leaching requirement
(iv) The salinity of the recycled water
(v) The plant threshold salinity.
(M) If the supplier has requested and received approval to include in its objective the budget associated with the variance for water used to sustain wildlife in ponds and lakes pursuant to section 968 (f)(2):
(i) The volume of water associated with the variance (Vwildlife), calculated pursuant to section 968 (g)(6). This must be calculated and updated annually

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(ii) The area of ponds and lakes, in square feet
(iii) Annual precipitation data provided by the Department or annual precipitation data meeting the criteria in section 968 (g)(6)(A).
(N) If the supplier has requested and received approval to include in its objective the budget associated with the variance for water used to irrigate existing residential trees pursuant to section 968 (f)(2):
(i) The volume of water associated with the variance (VR-trees), calculated pursuant to section 968 (g)(7). This must be calculated and updated annually (ii) The area of existing residential trees, in square feet. (O) If the supplier has requested and received approval to include in its objective a budget associated with the temporary provision for new, climate-ready trees pursuant to section 968 (h)(2):
(i) The volume of water associated with the temporary provision (Prtrees), calculated pursuant to section 968 (i)(1). This must be calculated and updated annually
(ii) The number of newly planted trees.
(P) If the supplier has requested and received approval to include in its objective a temporary provision associated with establishing qualifying landscapes pursuant to section 968 (h)(2):
(i) The volume of water associated with the temporary provision (Prland), calculated pursuant to section 968 (i)(2). This must be calculated and updated annually
(ii) The square footage of qualifying landscapes receiving temporary irrigation. (3) For the budget for commercial, industrial, and institutional landscapes with Dedicated Irrigation Meters described in section 969:
(A) The volume of water for CII landscapes with DIMs (CIIDIM) calculated pursuant to section 969.
(B) Annual reference evapotranspiration and effective precipitation data provided by the Department, or alternative reference evapotranspiration or effective precipitation data meeting the criteria specified in section 969(b)(3). (C) The area of CII landscapes with DIMs measured by the supplier and meeting the criteria specified in section 969(b)(1).
(D) Any special landscape area meeting the criteria specified in section 969(c). For CII landscapes with DIMs irrigated with recycled water, the supplier shall, unless otherwise specified, provide information to trace the recycled water network at least once every five years:
(i) The Public Water System Identification (PWSID) number associated with each system delivering recycled water to CII landscapes with DIMs (ii) Annual Non-Residential Recycled Water demand, as reported to the Board pursuant to Health and Safety Code section 116530. This must be updated annually.
(iii) Annual Non -Residential Non -Potable demand, as reported to the Board pursuant to Health and Safety Code section 116530. This must be updated annually.
(iv) The GeoTracker Global Identification Number used for Volumetric Annual Reporting by each facility producing the recycled water (v) The PWSID associated with each system producing the recycled water from each facility identified in (iv)

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(vi) The square footage of CII landscapes with DIMs irrigated with recycled water.

If annually reported to a Regional Water Quality Control Board, the value reported pursuant to this section shall be the same value as annually reported to the Regional Water Quality Control Board
(vii) The Waste Discharge Identification Number (WDID) associated with the land application of recycled water.
(E) Any CII landscape area with DIMs associated with new construction and meeting the criteria specified section 969(d)(2).
(F) Any landscape area associated with a DIM that the Department classified as residential and included in the residential landscape area defined in section 968(b)(2), but that the supplier classifies as CII and has therefore subtracted from residential landscape area.
(G) If the supplier has requested and received approval to include in its objective a budget for the variance for water used to respond to state or local emergency events pursuant to section 969(f)(1), the following information, which must be calculated and updated on an annual basis:
(i) The volume of water associated with the variance
(ii) The required documentation described in section 968(g)(4). (H) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate landscapes with recycled water containing high levels of TDS pursuant to section 969(f)(2) and relied on the calculation method described in 968(g)(5)(A):
(i) The volume of water associated with the variance (V HTDS) calculated pursuant to section 968(g)(5)(A). This must be calculated and updated on an annual basis.
(ii) The square footage of CII landscapes with DIMs irrigated with recycled water containing high levels of TDS. If reported to a Regional Water Quality Control Board, the value reported pursuant to this section shall be the same value as reported to the Regional Water Quality Control Board.
(iii) The concentration of TDS, in mg/L
(iv) The Public Water System Identification (PWSID) number associated with each system delivering recycled water containing high levels of TDS to CII landscapes with DIMs
(v) Annual metered non-potable non-residential landscape irrigation demand, as reported to the Board pursuant to Health and Safety Code section 116530.

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(I) If the supplier has requested and received approval to include in its objective a budget associated with the variance to irrigate landscapes with recycled water containing high levels of TDS pursuant to section 969(f)(2) and relied on the calculation method described in section 968(g)(5)(B):
(i) All parameters identified in paragraph (H), except (iii) (ii) The plant factor
(iii) The leaching requirement
(iv) The salinity of the recycled water
(v) The plant threshold salinity
(J) If the supplier has requested and received approval to include in its objective a budget associated with the variance for water used to sustain wildlife in ponds and lakes pursuant to section 969(f)(3):
(i) The volume of water associated with the variance (Vwildlife), calculated pursuant to section 968(g)(6). This must be calculated and updated annually. (ii) The area of ponds and lakes, in square feet
(iii) Annual precipitation data provided by the Department or annual precipitation data meeting the criteria in section 968(g)(6)(A).
(K) If the supplier has requested and received approval to include in its objective the budget associated with the variance for water used to irrigate existing trees on CII landscapes with DIMs pursuant to section 969(f)(4):
(i) The volume of water associated with the variance (VCII-trees), calculated pursuant to section 969(f)(4). This must be calculated and updated annually (ii) The area of existing trees on CII landscapes with DIMs, in square feet. (L) If the supplier has requested and received approval to include in its objective a budget associated with the temporary provision to plant new, climate -ready trees pursuant to section 969(g)(2):
(i) The volume of water associated with the temporary provision (Prtrees), calculated pursuant to section 968(i)(1). This must be calculated and updated annually.
(ii) The number of newly planted trees.
(M) If the supplier has requested and received approval to include in its objective a budget associated with the temporary provision for qualifying landscapes pursuant to section 969(g)(2):
(i) The volume of water associated with the temporary provision (Prland) calculated pursuant to section 968(i)(2). This must be calculated and updated annually. (ii) The square footage of qualifying landscapes receiving temporary irrigation. (4) For the budget for real water losses described in section 970:
(A) The volume of water in gallons per year associated with the real water loss budget (Bwater loss) calculated pursuant to section 970.
(B) For systems with water loss standards expressed in units of gallons per connection per day, the supplier shall report the number of service connections for each system it owns and operates, as reported to the Department pursuant to Water Code section 10608.34.
(C) For systems with water loss standards expressed in units of gallons per mile per day, the supplier shall report the length of mains for each system it owns and operates, as reported to the Department pursuant to Water Code section 10608.34.
(5) For the bonus incentive described in section 971, the following parameters, which, unless otherwise specified, must be calculated and updated on an annual basis:
(A)

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(i) The volume of the bonus incentive calculated pursuant to section 971(b) and subject to the limitations described in section 971(a)
(ii) Annual total potable water production (TPW) reported to the Board pursuant to Health and Safety Code section 116530
(iii) Annual potable water deliveries to single-family residential, multi -family residential, and landscape irrigation (D RLI) reported to the Board pursuant to Health and Safety Code section 116530.
(B) If a supplier delivers water from a groundwater basin that is augmented by potable reuse water, the following information:
(i) Volume of potable reuse water obtained from a groundwater source (VPRG) for the reporting year, calculated pursuant to section 971(b)(1) (ii) The annual loss factor for recharge and recovery (LFG). The supplier shall document that the loss factor was calculated and provided by the appropriate groundwater basin management authority in accordance with section 971(b)(1).
(iii) The total volume of potable recycled water recharged into the basin. The total volume of potable recycled water recharged into the basin shall be an annual average, calculated using the values provided to the Board through the Volumetric Annual Report, for the preceding five years, for each facility producing recycled water used to recharge the basin. It shall be confirmed by the appropriate groundwater basin authority.
(iv) The GeoTracker Global Identification Number used for Volumetric Annual Reporting by each facility producing recycled water used to recharge the basin. This identifier shall be provided at least once every five years. (v) The total volume of water extracted from the augmented groundwater basin (VBP), to be obtained from the appropriate groundwater basin authority (vi) The Public Water System Identification (PWSID) number associated with each system drawing from the augmented basin
(vii) The Primary Station Codes identifying each source drawing from the augmented basin
(viii) The volume of water the supplier produces from the augmented basin (V G) reported to the Board pursuant to Health and Safety Code section 116530 (ix) The name of the basin augmented by potable reuse water. This shall be provided at least once every five years.
(x) The Bulletin 118 identification number. This shall be provided at least once every five years.
(C) If a supplier delivers water from a reservoir that is augmented by potable reuse water, the following information:
(i) The volume of potable reuse water obtained from an augmented surface water reservoir source (V PRS) for the reporting year, calculated pursuant to section 971(b)(2)
(ii) The annual loss factor for evaporation and seepage (LF S). The supplier shall document that the loss factor was calculated and provided by the owner or operator of the augmented surface water reservoir.
(iii) The total volume of potable recycled water used to augment the reservoir.

The total volume of potable recycled water used to augment the reservoir shall be an annual average, calculated using the values provided to the Board through the Volumetric Annual Report, for the preceding five years, for each facility producing recycled water used to augment the reservoir. It shall be confirmed by the appropriate surface water authority.

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(iv) The GeoTracker Identification Number used for Volumetric Annual Reporting by each facility producing recycled water used to augment the surface water reservoir. This identifier shall be provided at least once every five years. (v) The total volume of water obtained from the augmented reservoir (VSWP), to be obtained from the owner or operator of the augmented surface water reservoir (vi) The Public Water System Identification (PWSID) number associated with each system drawing from the augmented reservoir
(vii) The Primary Station Codes identifying each source drawing from the augmented reservoir
(viii) The volume of water the supplier produces from the augmented reservoir (VSW), as reported to the Board pursuant to Health and Safety Code section 116530.
(D) If a supplier delivers water from direct potable reuse (DPR) project, the following information:
(i) The volume of potable reuse water obtained from the DPR project (VPRD) (ii) The volume of finished water produced from the DPR project (VFIN-DPR) (iii) The fraction of water the supplier derived from the facility producing the finished water
(6) The supplier’s urban water use objective calculated pursuant to section 966. (7)
(A) If a supplier meets the criteria described in section 966(i), the following:
(i) For the reporting year the supplier initially asserts compliance with its objective pursuant to section 966(i), the average median household income of the service area in accordance with section 966(i)(1), based on data from the United States Census Bureau’s American Community Survey or an alternative source that the supplier has demonstrated to the Board to be equivalent, or superior, in quality and accuracy.
(ii) Average annual per capita water use for the state fiscal years ending in 2024, 2025, and 2026, pursuant to section 966(k)(1).
(iii) Annual per capita water use for the reporting year and the immediately preceding two years pursuant to section 966(k)(2).
(iv) A link to the plan required pursuant to section 966(i)(3). (B) If a supplier meets the criteria described in section 966(j), the following:
(i) Average annual per capita water use for the state fiscal years ending in 2024, 2025, and 2026, pursuant to section 966(k)(1).
(ii) Annual per capita water use for the reporting year and the immediately preceding two years pursuant to section 966(k)(2).
(iii) Verified adherence to the American Water Works Association G480-20 Water Conservation and Efficiency Program Operation and Management Standard (published February 1, 2021).
(iv) A link to the plan required pursuant to section 966(j)(2). (c) No later than January 1, 2025, and by January 1 every year thereafter, each urban retail water supplier shall submit to the Department and the Board, on a machine-readable form provided by the Board, the actual urban water use for the previous state fiscal year, calculated in accordance with section 10609.22 along with relevant supporting data for:
(1) Demands relevant to the objective, specifically:
(A)
(i) Annual deliveries to “Single-Family Residential” connections, as reported to the Board pursuant to Health and Safety Code section 116530

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(ii) Annual deliveries to “Multi-Family Residential” connections, as reported to the Board pursuant to Health and Safety Code section 116530 (iii) Annual “Residential Recycled Water Demand,” as reported to the Board pursuant to Health and Safety Code section 116530
(iv) Annual “Residential Non-potable Water Demand,” as reported to the Board pursuant to Health and Safety Code section 116530
(v) The volume of annual deliveries to single-family residential customers that are at or above the 90 th percentile for single -family residential water use across the supplier’s service area
(vi) The volume of annual deliveries to multi-family residential customers that are at or above the 90th percentile for multi-family residential water use across the supplier’s service area
(vii) Deliveries to residential landscapes with dedicated irrigation meters, where the supplier classifies those landscapes as residential, and the Department included those landscapes in the supplier’s residential landscape area described in section 968(b)(2)
(viii) Deliveries to landscapes the supplier categorizes as residential landscapes but were not included in the supplier’s residential landscape area described in section 968(b)(2). The supplier shall report these deliveries separate from paragraph (A)(i) or (A)(ii) until residential landscape area is updated to include these landscapes pursuant to section 968(b)(2) or 968(b)(3). (B) Aggregate annual deliveries to “Metered Irrigation of Commercial, Industrial, or Institutional Landscapes,” as reported to the Board pursuant to Health and Safety Code section 116530. This shall be limited to:
(i) Potable demand
(ii) Non-potable demand
(iii) Deliveries to landscapes the Department included in the supplier’s residential landscape area described in section 968(b)(2) but that the supplier categorizes as CII. If this condition is met, the supplier shall correspondingly adjust its residential landscape area pursuant to section 968(b)(2) or (b)(3). (C) Aggregated real water losses. If available, the real water losses shall be those reported in the water audits submitted to the Department pursuant to Water Code section 10608.34.
(D) Total demands relevant to the objective, which shall be the sum of the values reported in paragraphs (A)(i) through (iv), (B)(i) and (B)(ii), and (C). (2) Excluded demands, specifically:
(A) Aggregate annual water deliveries to “Commercial and Institutional” connections, as reported to the Board pursuant to Health and Safety Code section 116530. This includes deliveries to landscapes the supplier categorizes as commercial or institutional and that are served by mixed -use meters. If the Department included such landscapes in a supplier’s residential landscape area described in section 968(b)(2), then the supplier shall correspondingly adjust its residential landscape area pursuant to section 968(b)(2) or (b)(3).
(B) Aggregate annual water deliveries to “Industrial” connections, as reported to the Board pursuant to Health and Safety Code section 116530. The supplier shall additionally estimate the percentage of aggregate annual water deliveries to “Industrial” connections that is process water, as defined by Water Code section 10608.12(y).
(C) Aggregate annual water deliveries to “Other” connections, as reported to the Board pursuant to Health and Safety Code section 116530.

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(D) Aggregate annual water deliveries to “Agriculture” connections, as reported to the Board pursuant to Health and Safety Code section 116530. (E) Total aggregate demands excluded from the objective, which shall be the sum of the values reported in paragraphs (A), (B), and (C).
(d) No later than January 1, 2025, and by January 1 every year thereafter, each urban retail water supplier shall submit to the Department and the Board, for the previous state fiscal year, on a machine-readable form provided by the Board, the following:
(1) Relevant data pursuant to section 972, specifically:
(A) The total number of commercial, industrial, and institutional (CII) connections served, as reported to the Board pursuant to Health and Safety Code section 116530.
(B) The total number of CII water users classified pursuant to section 972. (C) The number of CII water users falling into each of the classification categories specified in section 972(a) and section 972(b).
(2) Relevant data pursuant to section 973, specifically:
(A) For all suppliers:
(i) The total number of water users associated with large landscapes (ii) The total estimated, aggregate volume of water applied to large landscapes (iii) The total aggregate square footage of large landscapes. (B) For suppliers that identified water users pursuant to section 973(a)(2):
(i) The number of water users associated with those large landscapes (ii) The estimated, aggregate volume of water applied to those large landscapes (iii) The total aggregate square footage of those large landscapes. (C) For suppliers that have installed dedicated irrigation meters (DIMs) pursuant to section 973(b):
(i) The number of water users associated with large landscapes that have had a DIM installed
(ii) The aggregate square footage of large landscapes that have had a DIM installed.
(D) For suppliers that have employed in-lieu technologies and offered Best Management Practices (BMPs) pursuant to section 973(b):
(i) The number of water users associated with large landscapes for which the supplier has employed in-lieu technologies and offered BMPs (ii) The aggregate square footage of those large landscapes (iii) The in-lieu technologies that have been employed
(iv) If the Board has approved the use of an in -lieu technology other than those listed in section 973(b)(2), a narrative description of the technology employed (v) The BMPs offered pursuant to section 973(b)(3)
(vi) The estimated annual water savings associated with section 973(b). (3) Relevant data pursuant to section 974(a) and (b), specifically:
(A) The number of disclosable buildings identified pursuant to 974(a). (B) The number of customers for which the supplier has provided the information required pursuant to section 974(b).
(4) Relevant data pursuant to section 974(c) through 974(h) in accordance with paragraph (A), (B), or (C) below, as applicable:
(A) For suppliers that have identified water users pursuant to 974(c)(1):
(i) The number of CII water users at or above the 97.5th percentile for water use (ii) The best management practices (BMPs) offered to the water users identified in paragraph (i)

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(iii) The estimated annual water savings associated with the BMPs identified in paragraph (ii)
(iv) The number of CII water users at or above the 8 0th percentile for CII water use
(v) The BMPs offered to the water users identified in paragraph (iv) (vi) The estimated annual water savings associated with the BMPs identified in paragraph (v).
(B) For suppliers that have identified water users pursuant to 974(c)(2):
(i) The number of CII water users at or above the 97.5th percentile for water use (ii) The best management practices offered to the water users identified in paragraph (i)
(iii) The estimated annual water savings associated with the BMPs identified in paragraph (ii)
(iv) The number of water users at or above the 80th percentile for water use in each of the classification categories specified in section 972(a) and 972(b) (v) The BMPs offered to the water users within each of the classification categories identified in paragraph (iv)
(vi) The estimated annual water savings associated with the BMPs identified in paragraph (v).
(C) For suppliers that have identified water users pursuant to 974(c)(3):
(i) The key business activity indicators (KBAI) developed for each of the classification categories specified in section 972(a) and 972(b) (ii) Any KBAI the supplier has developed for specific ENERGY STAR Portfolio Manager property types
(iii) For each of the classification categories specified in section 972(a) and(b), the number of water users identified pursuant to section 974(c)(3) (iv) The BMPs offered to the water users within each of the classification categories identified in paragraph (iii)
(v) The estimated annual water savings associated with the BMPs identified in paragraph (iv).
(e) Unless otherwise specified, any volume of water reported pursuant to this section shall be reported in gallons.
(f) On or before January 1, 2027, a copy of a supplier’s regulation, ordinance, or policy gover
ning water service that shows the supplier’s compliance with Water Code section 10608.14.

Authority: Sections 1058 and 10609.28, Water Code.

References: Article X, Section 2, California Constitution; Section 116530, Health and Safety Code; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10608.12, 10608.14, 10608.34, 10609.2, 10609.10, 10609.22, 10609.24, 10728, and 12924 Water Code.

Adopt new section 978:
§ 978. Urban Water Use Objectives – Enforcement
(a) The failure to provide the information requested under this article within the time provided in the order, or as specified under this article, is a violation subject to civil liability pursuant to Water Code section 1846 or 1846.5.

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(b) A decision or order issued under this article or under Water Code section 10609.24, subdivision (c), section 10609.26, subdivisions (a) or (c), or section 10609.28 is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
(c) Orders issued under this article are effective upon issuance.

Authority: Sections 1058, Water Code.

References: Article X, Section 2, California Constitution; Sections 102, 104, 105, 350, 1122, 1123, 1124, 1846, 1846.5, 10609.24, 10609.26, 10609.27, 10609.28, 10617, and 10632, Water Code.

Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 1Article 2. Water Loss Performance Standards for Urban Retail Water Suppliers …
Article 2Article 3. Reporting
…
Article 3 Article 4. Prevention of Drought Wasteful Water Uses …

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Senate Bill No. 606
CHAPTER 14
An act to amend Sections 350, 377, 1058.5, 1120, 10608.12, 10608.20, 10610.2, 10610.4, 10620, 10621, 10630, 10631, 10631.2, 10635, 10640, 10641, 10642, 10644, 10645, 10650, 10651, 10653, 10654, and 10656 of, to amend, renumber, and add Section 10612 of, to add Sections 10608.35, 10609.20, 10609.22, 10609.24, 10609.26, 10609.28, 10609.30, 10609.32, 10609.34, 10609.36, 10609.38, 10617.5, 10618, 10630.5, 10632.1, 10632.2, 10632.3, and 10657 to, to repeal Section 10631.7 of, and to repeal and add Section 10632 of, the Water Code, relating to water.
[Approved by Governor May 31, 2018. Filed with Secretary of State May 31, 2018.]
legislative counsel’s digest
SB 606, Hertzberg. Water management planning.
(1) Existing law requires the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020. Existing law requires each urban retail water supplier to develop urban water use targets and an interim urban water use target, as speciﬁed. Assembly Bill 1668 of the 2017–18 Regular Session, if enacted, would require the State Water Resources Control Board, in coordination with the Department of Water Resources, to adopt long-term standards for the ef ﬁcient use of water and would establish speciﬁed standards for per capita daily indoor residential water use.

The bill would require an urban retail water supplier to calculate an urban water use objective no later than November 1, 2023, and by November 1 every year thereafter, and its actual urban water use by those same dates.

The bill would require an urban retail water supplier to submit a report to the department for these purposes by those dates. The bill would authorize the board to issue information orders, written notices, and conservation orders to an urban retail water supplier that does not meet its urban water use objective, as speci ﬁed. The bill would authorize the board to waive these requirements for a period of up to 5 years, as speciﬁed.

The bill would impose civil liability for a violation of an order or regulation issued pursuant to these provisions, as speciﬁed. The bill would also authorize the board to issue a regulation or informational order requiring a wholesale water supplier, urban retail water supplier, or distributor of a public water supply to provide a monthly report relating to water production, water use, or water conservation.
(2) Existing law establishes procedures for reconsideration and amendment of speci ﬁed decisions and orders of the board. Existing law authorizes any party aggrieved by a speciﬁed decision or order of the board 89 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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to ﬁle, not later than 30 days from the date of ﬁnal board action, a petition for writ of mandate for judicial review of the decision or order.

This bill would apply these procedures to decisions and orders of the board issued pursuant to the provisions described in paragraph (1), including existing provisions and those added by this bill.
(3) Existing law, the Urban Water Management Planning Act, requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan. The act requires an urban water supplier to update its plan once every 5 years on or before December 31 in years ending in 5 and zero, the act requires the submission of a 2020 plan update by July 1, 2021.

The act requires an urban water management plan, among other things, to describe the reliability of the water supply and vulnerability to seasonal or climatic shortage, to the extent practicable, and provide data for an average, single-dry, and multiple-dry water years. The act requires that an urban water management plan provide an urban water shortage contingency analysis that includes, among other things, an estimate of the minimum water supply available during each of the next 3 water years based on the driest 3-year historic sequence for the agency’s water supply.

This bill would revise and recast these provisions. The bill would require an urban water management plan to be updated on or before July 1, in years ending in 6 and one, incorporating updated and new information from the 5 years preceding the plan update. The bill would require each plan to include a simple lay description of speci ﬁed information to provide a general understanding of the agency’s plan. The bill would require an urban water management plan to contain a drought risk assessment, as de ﬁned, that examines water shortage risks for a drought lasting the next 5 consecutive years.

The bill would require an urban water supplier to prepare, adopt, and periodically review a water shortage contingency plan, as prescribed, and as part of its urban water management plan. The bill would require a water shortage contingency plan to consist of certain elements, including, among other things, annual water supply and demand assessment procedures, standard water shortage levels, shortage response actions, and communication protocols and procedures. The bill would require an urban water supplier to make the water shortage contingency plan available to its customers and any city or county within which it provides water supplies no later than 30 days after adoption.

The bill would require an urban water supplier to conduct an annual water supply and demand assessment and submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan by June 1 of each year. The bill would require an urban water supplier to follow, where feasible and appropriate, the procedures and implement determined shortage response actions in its water shortage contingency plan.
89 — 2 —Ch. 14

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(4) The act requires an urban water supplier to submit copies of its urban water management plan and copies of amendments or changes to the plan to certain entities, including the department, no later than 30 days after adoption, as prescribed. The act requires the department to prepare and submit a report summarizing the status of plans adopted pursuant to the act to the Legislature on or before July 1, 2022, for the 2020 plan, and on or before December 31 in the years ending in 6 and one thereafter, and to provide a copy of the report to each urban water supplier that has submitted its plan to the department.

This bill would require an urban water supplier, if it revises its water shortage contingency plan, to submit to the department a copy of its water shortage contingency plan no later than 30 days after adoption. The bill would require an urban water supplier regulated by the Public Utilities Commission to include its most recent urban water management plan and water shortage contingency plan as part of its general rate case ﬁlings.

The bill would require the department to prepare and submit the report about plans adopted pursuant to the act to the Legislature on or before July 1 in the years ending in 7 and 2. The bill would require the department to prepare and submit to the board, on or before June 1 of each year, a report summarizing the submitted water supply and demand assessment results along with appropriate reported water shortage conditions developed by the department and information regarding various shortage response actions implemented as a result of water supply and demand assessments, as prescribed.
(5) Existing law makes an urban water supplier that does not prepare, adopt, and submit its urban water management plan to the department as prescribed ineligible to receive certain water grant and loan funding.

This bill would instead make an urban water supplier ineligible to receive any water grant or loan unless the urban water supplier complies with the requirements relating to urban water management plans.
(6) Existing law authorizes the governing body of a distributor of a public water supply to declare a water shortage emergency condition to prevail within the area served by the distributor whenever it ﬁnds and determines that the ordinary demands and requirements of water consumers cannot be satisﬁed without depleting the water supply of the distributor to the extent that there would be insuf ﬁcient water for human consumption, sanitation, and ﬁre protection.

This bill would instead require the governing body of a distributor of a public water supply to declare a water shortage emergency condition whenever it ﬁnds and determines the above-described circumstances. The bill would require an urban water supplier to coordinate with any city or county within which it provides water supply services for a possible proclamation of a local emergency.
(7) This bill would make its operation contingent on the enactment of AB 1668 of the 2017–18 Regular Session.
89 Ch. 14— 3 —

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The people of the State of California do enact as follows:

SECTION 1. Section 350 of the Water Code is amended to read:
350. The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, shall declare a water shortage emergency condition to prevail within the area served by such distributor whenever it ﬁnds and determines that the ordinary demands and requirements of water consumers cannot be satisﬁed without depleting the water supply of the distributor to the extent that there would be insufﬁcient water for human consumption, sanitation, and ﬁre protection.

SEC. 2. Section 377 of the Water Code is amended to read:
377. (a) From and after the publication or posting of any ordinance or resolution pursuant to Section 376, a violation of a requirement of a water conservation program adopted pursuant to Section 376 is a misdemeanor.

A person convicted under this subdivision shall be punished by imprisonment in the county jail for not more than 30 days, or by a ﬁne not exceeding one thousand dollars ($1,000), or by both.
(b) A court or public entity may hold a person civilly liable in an amount not to exceed ten thousand dollars ($10,000) for a violation of any of the following:
(1) An ordinance or resolution adopted pursuant to Section 376. (2) A regulation adopted by the board under Section 1058.5 or Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6, unless the board regulation provides that it cannot be enforced under this section or provides for a lesser applicable maximum penalty.
(c) Commencing on the 31st day after the public entity notiﬁed a person of a violation described in subdivision (b), the person additionally may be civilly liable in an amount not to exceed ten thousand dollars ($10,000) plus ﬁve hundred dollars ($500) for each additional day on which the violation continues.
(d) Remedies prescribed in this section are cumulative and not alternative, except that no liability shall be recoverable under this section for any violation of paragraph (2) of subdivision (b) if the board has ﬁled a complaint pursuant to Section 1846 alleging the same violation.
(e) A public entity may administratively impose the civil liability described in subdivisions (b) and (c) after providing notice and an opportunity for a hearing. The public entity shall initiate a proceeding under this subdivision by a complaint issued pursuant to Section 377.5. The public entity shall issue the complaint at least 30 days before the hearing on the complaint and the complaint shall state the basis for the proposed civil liability order.
(f) (1) In determining the amount of civil liability to assess, a court or public entity shall take into consideration all relevant circumstances, including, but not limited to, the nature and persistence of the violation, the extent of the harm caused by the violation, the length of time over which the violation occurs, and any corrective action taken by the violator. 89 — 4 —Ch. 14

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(2) The civil liability calculated pursuant to paragraph (1) for the ﬁrst violation of subdivision (b) by a residential water user shall not exceed one thousand dollars ($1,000) except in extraordinary situations where the court or public entity ﬁnds all of the following:
(A) The residential user had actual notice of the requirement found to be violated.
(B) The conduct was intentional.
(C) The amount of water involved was substantial.
(g) Civil liability imposed pursuant to this section shall be paid to the public entity and expended solely for the purposes of this chapter. (h) An order setting administrative civil liability shall become effective and ﬁnal upon issuance of the order and payment shall be made. Judicial review of any ﬁnal order shall be pursuant to Section 1094.5 of the Code of Civil Procedure.
(i) In addition to the remedies prescribed in this section, a public entity may enforce water use limitations established by an ordinance or resolution adopted pursuant to this chapter, or as otherwise authorized by law, by a volumetric penalty in an amount established by the public entity.

SEC. 3. Section 1058.5 of the Water Code is amended to read:
1058.5. (a) This section applies to any emergency regulation adopted by the board for which the board makes both of the following ﬁndings:
(1) The emergency regulation is adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports. (2) The emergency regulation is adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions.
(b) Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, any ﬁndings of emergency adopted by the board, in connection with the adoption of an emergency regulation under this section, are not subject to review by the Ofﬁce of Administrative Law.
(c) An emergency regulation adopted by the board under this section may remain in effect for up to one year, as determined by the board, and is deemed repealed immediately upon a ﬁnding by the board that due to changed conditions it is no longer necessary for the regulation to remain in effect. An emergency regulation adopted by the board under this section may be renewed if the board determines that the conditions speci ﬁed in paragraph (2) of subdivision (a) are still in effect.
(d) In addition to any other applicable civil or criminal penalties, any person or entity who violates a regulation adopted by the board pursuant to 89 Ch. 14— 5 —

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this section is guilty of an infraction punishable by a ﬁne of up to ﬁve hundred dollars ($500) for each day in which the violation occurs. (e) (1) Notwithstanding subdivision (b) of Section 1551 or subdivision (e) of Section 1848, a civil liability imposed under Chapter 12 (commencing with Section 1825) of Part 2 of Division 2 by the board or a court for a violation of an emergency conservation regulation adopted pursuant to this section shall be deposited, and separately accounted for, in the Water Rights Fund. Funds deposited in accordance with this subdivision shall be available, upon appropriation, for water conservation activities and programs. (2) For purposes of this subdivision, an “emergency conservation regulation” means an emergency regulation that requires an end user of water, a water retailer, or a water wholesaler to conserve water or report to the board on water conservation. Water conservation includes restrictions or limitations on particular uses of water or a reduction in the amount of water used or served, but does not include curtailment of diversions when water is not available under the diverter’s priority of right or reporting requirements related to curtailments.

SEC. 4. Section 1120 of the Water Code is amended to read:
1120. This chapter applies to any decision or order issued under this part or Section 275, Part 2 (commencing with Section 1200), Part 2 (commencing with Section 10500) of Division 6, Part 2.55 (commencing with Section 10608) of Division 6, or Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, or the public trust doctrine.

SEC. 5. Section 10608.12 of the Water Code is amended to read:
10608.12. Unless the context otherwise requires, the following deﬁnitions govern the construction of this part:
(a) “Agricultural water supplier” means a water supplier, either publicly or privately owned, providing water to 10,000 or more irrigated acres, excluding recycled water. “Agricultural water supplier” includes a supplier or contractor for water, regardless of the basis of right, that distributes or sells water for ultimate resale to customers. “Agricultural water supplier” does not include the department.
(b) “Base daily per capita water use” means any of the following:
(1) The urban retail water supplier’s estimate of its average gross water use, reported in gallons per capita per day and calculated over a continuous 10-year period ending no earlier than December 31, 2004, and no later than December 31, 2010.
(2) For an urban retail water supplier that meets at least 10 percent of its 2008 measured retail water demand through recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier, the urban retail water supplier may extend the calculation described in paragraph (1) up to an additional ﬁve years to a maximum of a continuous 15-year period ending no earlier than December 31, 2004, and no later than December 31, 2010.
(3) For the purposes of Section 10608.22, the urban retail water supplier’s estimate of its average gross water use, reported in gallons per capita per 89 — 6 —Ch. 14

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day and calculated over a continuous ﬁve-year period ending no earlier than December 31, 2007, and no later than December 31, 2010. (c) “Baseline commercial, industrial, and institutional water use” means an urban retail water supplier’s base daily per capita water use for commercial, industrial, and institutional users.
(d) “CII water use” means water used by commercial water users, industrial water users, institutional water users, and large landscape water users.
(e) “Commercial water user” means a water user that provides or distributes a product or service.
(f) “Compliance daily per capita water use” means the gross water use during the ﬁnal year of the reporting period, reported in gallons per capita per day.
(g) “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.
(h) “Gross water use” means the total volume of water, whether treated or untreated, entering the distribution system of an urban retail water supplier, excluding all of the following:
(1) Recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier. (2) The net volume of water that the urban retail water supplier places into long-term storage.
(3) The volume of water the urban retail water supplier conveys for use by another urban water supplier.
(4) The volume of water delivered for agricultural use, except as otherwise provided in subdivision (f) of Section 10608.24.
(i) “Industrial water user” means a water user that is primarily a manufacturer or processor of materials as de ﬁned by the North American Industry Classiﬁcation System code sectors 31 to 33, inclusive, or an entity that is a water user primarily engaged in research and development. (j) “Institutional water user” means a water user dedicated to public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonproﬁt research institutions.
(k) “Interim urban water use target” means the midpoint between the urban retail water supplier’s base daily per capita water use and the urban retail water supplier’s urban water use target for 2020. (l) “Large landscape” means a nonresidential landscape as described in the performance measures for CII water use adopted pursuant to Section 10609.10.
(m) “Locally cost effective” means that the present value of the local beneﬁts of implementing an agricultural ef ﬁciency water management practice is greater than or equal to the present value of the local cost of implementing that measure.
(n) “Performance measures” means actions to be taken by urban retail water suppliers that will result in increased water use efﬁciency by CII water 89 Ch. 14— 7 —

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users. Performance measures may include, but are not limited to, educating CII water users on best management practices, conducting water use audits, and preparing water management plans. Performance measures do not include process water.
(o) “Potable reuse” means direct potable reuse, indirect potable reuse for groundwater recharge, and reservoir water augmentation as those terms are deﬁned in Section 13561.
(p) “Process water” means water used by industrial water users for producing a product or product content or water used for research and development. Process water includes, but is not limited to, continuous manufacturing processes, and water used for testing, cleaning, and maintaining equipment. Water used to cool machinery or buildings used in the manufacturing process or necessary to maintain product quality or chemical characteristics for product manufacturing or control rooms, data centers, laboratories, clean rooms, and other industrial facility units that are integral to the manufacturing or research and development process is process water. Water used in the manufacturing process that is necessary for complying with local, state, and federal health and safety laws, and is not incidental water, is process water. Process water does not mean incidental water uses.
(q) “Recycled water” means recycled water, as de ﬁned in subdivision (n) of Section 13050.
(r) “Regional water resources management” means sources of supply resulting from watershed-based planning for sustainable local water reliability or any of the following alternative sources of water:
(1) The capture and reuse of stormwater or rainwater.
(2) The use of recycled water.
(3) The desalination of brackish groundwater.
(4) The conjunctive use of surface water and groundwater in a manner that is consistent with the safe yield of the groundwater basin. (s) “Reporting period” means the years for which an urban retail water supplier reports compliance with the urban water use targets. (t) “Urban retail water supplier” means a water supplier, either publicly or privately owned, that directly provides potable municipal water to more than 3,000 end users or that supplies more than 3,000 acre-feet of potable water annually at retail for municipal purposes.
(u) “Urban water use objective” means an estimate of aggregate efﬁcient water use for the previous year based on adopted water use ef ﬁciency standards and local service area characteristics for that year, as described in Section 10609.20.
(v) “Urban water use target” means the urban retail water supplier’s targeted future daily per capita water use.
(w) “Urban wholesale water supplier,” means a water supplier, either publicly or privately owned, that provides more than 3,000 acre-feet of water annually at wholesale for potable municipal purposes.

SEC. 6. Section 10608.20 of the Water Code is amended to read:
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10608.20. (a) (1) Each urban retail water supplier shall develop urban water use targets and an interim urban water use target by July 1, 2011.

Urban retail water suppliers may elect to determine and report progress toward achieving these targets on an individual or regional basis, as provided in subdivision (a) of Section 10608.28, and may determine the targets on a ﬁscal year or calendar year basis.
(2) It is the intent of the Legislature that the urban water use targets described in paragraph (1) cumulatively result in a 20-percent reduction from the baseline daily per capita water use by December 31, 2020. (b) An urban retail water supplier shall adopt one of the following methods for determining its urban water use target pursuant to subdivision (a):
(1) Eighty percent of the urban retail water supplier’s baseline per capita daily water use.
(2) The per capita daily water use that is estimated using the sum of the following performance standards:
(A) For indoor residential water use, 55 gallons per capita daily water use as a provisional standard. Upon completion of the department’s 2016 report to the Legislature pursuant to Section 10608.42, this standard may be adjusted by the Legislature by statute.
(B) For landscape irrigated through dedicated or residential meters or connections, water efﬁciency equivalent to the standards of the Model Water Efﬁcient Landscape Ordinance set forth in Chapter 2.7 (commencing with Section 490) of Division 2 of Title 23 of the California Code of Regulations, as in effect the later of the year of the landscape’s installation or 1992. An urban retail water supplier using the approach speciﬁed in this subparagraph shall use satellite imagery, site visits, or other best available technology to develop an accurate estimate of landscaped areas.
(C) For commercial, industrial, and institutional uses, a 10-percent reduction in water use from the baseline commercial, industrial, and institutional water use by 2020.
(3) Ninety-ﬁve percent of the applicable state hydrologic region target, as set forth in the state’s draft 20x2020 Water Conservation Plan (dated April 30, 2009). If the service area of an urban water supplier includes more than one hydrologic region, the supplier shall apportion its service area to each region based on population or area.
(4) A method that shall be identi ﬁed and developed by the department, through a public process, and reported to the Legislature no later than December 31, 2010. The method developed by the department shall identify per capita targets that cumulatively result in a statewide 20-percent reduction in urban daily per capita water use by December 31, 2020. In developing urban daily per capita water use targets, the department shall do all of the following:
(A) Consider climatic differences within the state.
(B) Consider population density differences within the state. (C) Provide ﬂexibility to communities and regions in meeting the targets. 89 Ch. 14— 9 —

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(D) Consider different levels of per capita water use according to plant water needs in different regions.
(E) Consider different levels of commercial, industrial, and institutional water use in different regions of the state.
(F) Avoid placing an undue hardship on communities that have implemented conservation measures or taken actions to keep per capita water use low.
(c) If the department adopts a regulation pursuant to paragraph (4) of subdivision (b) that results in a requirement that an urban retail water supplier achieve a reduction in daily per capita water use that is greater than 20 percent by December 31, 2020, an urban retail water supplier that adopted the method described in paragraph (4) of subdivision (b) may limit its urban water use target to a reduction of not more than 20 percent by December 31, 2020, by adopting the method described in paragraph (1) of subdivision (b).
(d) The department shall update the method described in paragraph (4) of subdivision (b) and report to the Legislature by December 31, 2014. An urban retail water supplier that adopted the method described in paragraph (4) of subdivision (b) may adopt a new urban daily per capita water use target pursuant to this updated method.
(e) An urban retail water supplier shall include in its urban water management plan due in 2010 pursuant to Part 2.6 (commencing with Section 10610) the baseline daily per capita water use, urban water use target, interim urban water use target, and compliance daily per capita water use, along with the bases for determining those estimates, including references to supporting data.
(f) When calculating per capita values for the purposes of this chapter, an urban retail water supplier shall determine population using federal, state, and local population reports and projections.
(g) An urban retail water supplier may update its 2020 urban water use target in its 2015 urban water management plan required pursuant to Part

2.6 (commencing with Section 10610).
(h) (1) The department, through a public process and in consultation with the California Urban Water Conservation Council, shall develop technical methodologies and criteria for the consistent implementation of this part, including, but not limited to, both of the following:
(A) Methodologies for calculating base daily per capita water use, baseline commercial, industrial, and institutional water use, compliance daily per capita water use, gross water use, service area population, indoor residential water use, and landscaped area water use.
(B) Criteria for adjustments pursuant to subdivisions (d) and (e) of Section 10608.24.
(2) The department shall post the methodologies and criteria developed pursuant to this subdivision on its Internet Web site, and make written copies available, by October 1, 2010. An urban retail water supplier shall use the methods developed by the department in compliance with this part. 89 — 10 —Ch. 14

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(i) (1) The department shall adopt regulations for implementation of the provisions relating to process water in accordance with Section 10608.12, subdivision (e) of Section 10608.24, and subdivision (d) of Section 10608.26. (2) The initial adoption of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption of an emergency regulation pursuant to this subdivision, the department shall not request approval from the Of ﬁce of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code.
(j) (1) An urban retail water supplier is granted an extension to July 1, 2011, for adoption of an urban water management plan pursuant to Part 2.6 (commencing with Section 10610) due in 2010 to allow the use of technical methodologies developed by the department pursuant to paragraph (4) of subdivision (b) and subdivision (h). An urban retail water supplier that adopts an urban water management plan due in 2010 that does not use the methodologies developed by the department pursuant to subdivision (h) shall amend the plan by July 1, 2011, to comply with this part. (2) An urban wholesale water supplier whose urban water management plan prepared pursuant to Part 2.6 (commencing with Section 10610) was due and not submitted in 2010 is granted an extension to July 1, 2011, to permit coordination between an urban wholesale water supplier and urban retail water suppliers.

SEC. 7. Section 10608.35 is added to the Water Code, to read:
10608.35. (a) The department, in coordination with the board, shall conduct necessary studies and investigations and make a recommendation to the Legislature, by January 1, 2020, on the feasibility of developing and enacting water loss reporting requirements for urban wholesale water suppliers.
(b) The studies and investigations shall include an evaluation of the suitability of applying the processes and requirements of Section 10608.34 to urban wholesale water suppliers.
(c) In conducting necessary studies and investigations and developing its recommendation, the department shall solicit broad public participation from stakeholders and other interested persons.

SEC. 8. Section 10609.20 is added to the Water Code, immediately following Section 10609.18, to read:
10609.20. (a) Each urban retail water supplier shall calculate its urban water use objective no later than November 1, 2023, and by November 1 every year thereafter.
(b) The calculation shall be based on the urban retail water supplier’s water use conditions for the previous calendar or ﬁscal year. (c) Each urban water supplier’s urban water use objective shall be composed of the sum of the following:
(1) Aggregate estimated ef ﬁcient indoor residential water use. 89 Ch. 14— 11 —

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(2) Aggregate estimated ef ﬁcient outdoor residential water use. (3) Aggregate estimated ef ﬁcient outdoor irrigation of landscape areas with dedicated irrigation meters or equivalent technology in connection with CII water use.
(4) Aggregate estimated ef ﬁcient water losses.
(5) Aggregate estimated water use in accordance with variances, as appropriate.
(d) (1) An urban retail water supplier that delivers water from a groundwater basin, reservoir, or other source that is augmented by potable reuse water may adjust its urban water use objective by a bonus incentive calculated pursuant to this subdivision.
(2) The water use objective bonus incentive shall be the volume of its potable reuse delivered to residential water users and to landscape areas with dedicated irrigation meters in connection with CII water use, on an acre-foot basis.
(3) The bonus incentive pursuant to paragraph (1) shall be limited in accordance with one of the following:
(A) The bonus incentive shall not exceed 15 percent of the urban water supplier’s water use objective for any potable reuse water produced at an existing facility.
(B) The bonus incentive shall not exceed 10 percent of the urban water supplier’s water use objective for any potable reuse water produced at any facility that is not an existing facility.
(4) For purposes of this subdivision, “existing facility” means a facility that meets all of the following:
(A) The facility has a certi ﬁed environmental impact report, mitigated negative declaration, or negative declaration on or before January 1, 2019. (B) The facility begins producing and delivering potable reuse water on or before January 1, 2022.
(C) The facility uses micro ﬁltration and reverse osmosis technologies to produce the potable reuse water.
(e) (1) The calculation of the urban water use objective shall be made using landscape area and other data provided by the department and pursuant to the standards, guidelines, and methodologies adopted by the board. The department shall provide data to the urban water supplier at a level of detail sufﬁcient to allow the urban water supplier to verify its accuracy at the parcel level.
(2) Notwithstanding paragraph (1), an urban retail water supplier may use alternative data in calculating the urban water use objective if the supplier demonstrates to the department that the alternative data are equivalent, or superior, in quality and accuracy to the data provided by the department.

The department may provide technical assistance to an urban retail water supplier in evaluating whether the alternative data are appropriate for use in calculating the supplier’s urban water use objective.

SEC. 9. Section 10609.22 is added to the Water Code, to read:
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10609.22. (a) An urban retail water supplier shall calculate its actual urban water use no later than November 1, 2023, and by November 1 every year thereafter.
(b) The calculation shall be based on the urban retail water supplier’s water use for the previous calendar or ﬁscal year.
(c) Each urban water supplier’s urban water use shall be composed of the sum of the following:
(1) Aggregate residential water use.
(2) Aggregate outdoor irrigation of landscape areas with dedicated irrigation meters in connection with CII water use.
(3) Aggregate water losses.

SEC. 10. Section 10609.24 is added to the Water Code, to read:
10609.24. (a) An urban retail water supplier shall submit a report to the department no later than November 1, 2023, and by November 1 every year thereafter. The report shall include all of the following:
(1) The urban water use objective calculated pursuant to Section 10609.20 along with relevant supporting data.
(2) The actual urban water use calculated pursuant to Section 10609.22 along with relevant supporting data.
(3) Documentation of the implementation of the performance measures for CII water use.
(4) A description of the progress made towards meeting the urban water use objective.
(b) The department shall post the reports and information on its Internet Web site.
(c) The board may issue an information order or conservation order to, or impose civil liability on, an entity or individual for failure to submit a report required by this section.

SEC. 11. Section 10609.26 is added to the Water Code, to read:
10609.26. (a) (1) On and after November 1, 2023, the board may issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective required by this chapter. Informational orders are intended to obtain information on supplier activities, water production, and conservation efforts in order to identify technical assistance needs and assist urban water suppliers in meeting their urban water use objectives. (2) In determining whether to issue an informational order, the board shall consider the degree to which the urban retail water supplier is not meeting its urban water use objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet the urban water use objective.
(3) The board shall share information received pursuant to this subdivision with the department.
(4) An urban water supplier may request technical assistance from the department. The technical assistance may, to the extent available, include guidance documents, tools, and data.
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(b) On and after November 1, 2024, the board may issue a written notice to an urban retail water supplier that does not meet its urban water use objective required by this chapter. The written notice may warn the urban retail water supplier that it is not meeting its urban water use objective described in Section 10609.20 and is not making adequate progress in meeting the urban water use objective, and may request that the urban retail water supplier address areas of concern in its next annual report required by Section 10609.24. In deciding whether to issue a written notice, the board may consider whether the urban retail water supplier has received an informational order, the degree to which the urban retail water supplier is not meeting its urban water use objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet its urban water use objective.
(c) (1) On and after November 1, 2025, the board may issue a conservation order to an urban retail water supplier that does not meet its urban water use objective. A conservation order may consist of, but is not limited to, referral to the department for technical assistance, requirements for education and outreach, requirements for local enforcement, and other efforts to assist urban retail water suppliers in meeting their urban water use objective.
(2) In issuing a conservation order, the board shall identify speci ﬁc deﬁciencies in an urban retail water supplier’s progress towards meeting its urban water use objective, and identify speci ﬁc actions to address the deﬁciencies.
(3) The board may request that the department provide an urban retail water supplier with technical assistance to support the urban retail water supplier’s actions to remedy the deﬁciencies.
(d) A conservation order issued in accordance with this chapter may include requiring actions intended to increase water-use efﬁciency, but shall not curtail or otherwise limit the exercise of a water right, nor shall it require the imposition of civil liability pursuant to Section 377.

SEC. 12. Section 10609.28 is added to the Water Code, to read:
10609.28. The board may issue a regulation or informational order requiring a wholesale water supplier, an urban retail water supplier, or a distributor of a public water supply, as that term is used in Section 350, to provide a monthly report relating to water production, water use, or water conservation.

SEC. 13. Section 10609.30 is added to the Water Code, to read:
10609.30. On or before January 10, 2024, the Legislative Analyst shall provide to the appropriate policy committees of both houses of the Legislature and the public a report evaluating the implementation of the water use ef ﬁciency standards and water use reporting pursuant to this chapter. The board and the department shall provide the Legislative Analyst with the available data to complete this report.
(a) The report shall describe all of the following:
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(1) The rate at which urban retail water users are complying with the standards, and factors that might facilitate or impede their compliance. (2) The accuracy of the data and estimates being used to calculate urban water use objectives.
(3) Indications of the economic impacts, if any, of the implementation of this chapter on urban water suppliers and urban water users, including CII water users.
(4) The frequency of use of the bonus incentive, the volume of water associated with the bonus incentive, value to urban water suppliers of the bonus incentive, and any implications of the use of the bonus incentive on water use efﬁciency.
(5) The early indications of how implementing this chapter might impact the efﬁciency of statewide urban water use.
(6) Recommendations, if any, for improving statewide urban water use efﬁciency and the standards and practices described in this chapter. (7) Any other issues the Legislative Analyst deems appropriate.

SEC. 14. Section 10609.32 is added to the Water Code, to read:
10609.32. It is the intent of the Legislature that the chairperson of the board and the director of the department appear before the appropriate policy committees of both houses of the Legislature on or around January 1, 2026, and report on the implementation of the water use efﬁciency standards and water use reporting pursuant to this chapter. It is the intent of the Legislature that the topics to be covered include all of the following:
(a) The rate at which urban retail water suppliers are complying with the standards, and factors that might facilitate or impede their compliance. (b) What enforcement actions have been taken, if any.
(c) The accuracy of the data and estimates being used to calculate urban water use objectives.
(d) Indications of the economic impacts, if any, of the implementation of this chapter on urban water suppliers and urban water users, including CII water users.
(e) The frequency of use of the bonus incentive, the volume of water associated with the bonus incentive, value to urban water suppliers of the bonus incentive, and any implications of the use of the bonus incentive on water use efﬁciency.
(f) An assessment of how implementing this chapter is affecting the efﬁciency of statewide urban water use.

SEC. 15. Section 10609.34 is added to the Water Code, to read:
10609.34. Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the board taken under this chapter shall be deemed to be a Class 8 action, within the meaning of Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve relaxation of existing water conservation or water use standards.

SEC. 16. Section 10609.36 is added to the Water Code, to read:
10609.36. (a) Nothing in this chapter shall be construed to determine or alter water rights. Sections 1010 and 1011 apply to water conserved through implementation of this chapter.
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(b) Nothing in this chapter shall be construed to authorize the board to update or revise water use ef ﬁciency standards authorized by this chapter except as explicitly provided in this chapter. Authorization to update the standards beyond that explicitly provided in this chapter shall require separate legislation.
(c) Nothing in this chapter shall be construed to limit or otherwise affect the use of recycled water as seawater barriers for groundwater salinity management.

SEC. 17. Section 10609.38 is added to the Water Code, to read:
10609.38. The board may waive the requirements of this chapter for a period of up to ﬁve years for any urban retail water supplier whose water deliveries are signiﬁcantly affected by changes in water use as a result of damage from a disaster such as an earthquake or ﬁre. In establishing the period of a waiver, the board shall take into consideration the breadth of the damage and the time necessary for the damaged areas to recover from the disaster.

SEC. 18. Section 10610.2 of the Water Code is amended to read:
10610.2. (a) The Legislature ﬁnds and declares all of the following:
(1) The waters of the state are a limited and renewable resource subject to ever-increasing demands.
(2) The conservation and ef ﬁcient use of urban water supplies are of statewide concern; however, the planning for that use and the implementation of those plans can best be accomplished at the local level. (3) A long-term, reliable supply of water is essential to protect the productivity of California’s businesses and economic climate, and increasing long-term water conservation among Californians, improving water use efﬁciency within the state’s communities and agricultural production, and strengthening local and regional drought planning are critical to California’s resilience to drought and climate change.
(4) As part of its long-range planning activities, every urban water supplier should make every effort to ensure the appropriate level of reliability in its water service sufﬁcient to meet the needs of its various categories of customers during normal, dry, and multiple dry water years now and into the foreseeable future, and every urban water supplier should collaborate closely with local land-use authorities to ensure water demand forecasts are consistent with current land-use planning.
(5) Public health issues have been raised over a number of contaminants that have been identiﬁed in certain local and imported water supplies. (6) Implementing effective water management strategies, including groundwater storage projects and recycled water projects, may require speciﬁc water quality and salinity targets for meeting groundwater basins water quality objectives and promoting beneﬁcial use of recycled water. (7) Water quality regulations are becoming an increasingly important factor in water agencies’ selection of raw water sources, treatment alternatives, and modiﬁcations to existing treatment facilities. (8) Changes in drinking water quality standards may also impact the usefulness of water supplies and may ultimately impact supply reliability. 89 — 16 —Ch. 14

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(9) The quality of source supplies can have a signiﬁcant impact on water management strategies and supply reliability.
(b) This part is intended to provide assistance to water agencies in carrying out their long-term resource planning responsibilities to ensure adequate water supplies to meet existing and future demands for water.

SEC. 19. Section 10610.4 of the Water Code is amended to read:
10610.4. The Legislature ﬁnds and declares that it is the policy of the state as follows:
(a) The management of urban water demands and ef ﬁcient use of water shall be actively pursued to protect both the people of the state and their water resources.
(b) The management of urban water demands and ef ﬁcient use of urban water supplies shall be a guiding criterion in public decisions. (c) Urban water suppliers shall be required to develop water management plans to achieve the efﬁcient use of available supplies and strengthen local drought planning.

SEC. 20. Section 10612 of the Water Code is amended and renumbered to read:
10611.3. “Customer” means a purchaser of water from a water supplier who uses the water for municipal purposes, including residential, commercial, governmental, and industrial uses.

SEC. 21. Section 10612 is added to the Water Code, to read:
10612. “Drought risk assessment” means a method that examines water shortage risks based on the driest ﬁve-year historic sequence for the agency’s water supply, as described in subdivision (b) of Section 10635.

SEC. 22. Section 10617.5 is added to the Water Code, to read:
10617.5. “Water shortage contingency plan” means a document that incorporates the provisions detailed in subdivision (a) of Section 10632 and is subsequently adopted by an urban water supplier pursuant to this article.

SEC. 23. Section 10618 is added to the Water Code, to read:
10618. “Water supply and demand assessment” means a method that looks at current year and one or more dry year supplies and demands for determining water shortage risks, as described in Section 10632.1.

SEC. 24. Section 10620 of the Water Code is amended to read:
10620. (a) Every urban water supplier shall prepare and adopt an urban water management plan in the manner set forth in Article 3 (commencing with Section 10640).
(b) Every person that becomes an urban water supplier shall adopt an urban water management plan within one year after it has become an urban water supplier.
(c) An urban water supplier indirectly providing water shall not include planning elements in its water management plan as provided in Article 2 (commencing with Section 10630) that would be applicable to urban water suppliers or public agencies directly providing water, or to their customers, without the consent of those suppliers or public agencies. (d) (1) An urban water supplier may satisfy the requirements of this part by participation in areawide, regional, watershed, or basinwide urban water 89 Ch. 14— 17 —

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management planning where those plans will reduce preparation costs and contribute to the achievement of conservation, ef ﬁcient water use, and improved local drought resilience.
(2) Notwithstanding paragraph (1), each urban water supplier shall develop its own water shortage contingency plan, but an urban water supplier may incorporate, collaborate, and otherwise share information with other urban water suppliers or other governing entities participating in an areawide, regional, watershed, or basinwide urban water management plan, an agricultural management plan, or groundwater sustainability plan development.
(3) Each urban water supplier shall coordinate the preparation of its plan with other appropriate agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable.
(e) The urban water supplier may prepare the plan with its own staff, by contract, or in cooperation with other governmental agencies. (f) An urban water supplier shall describe in the plan water management tools and options used by that entity that will maximize resources and minimize the need to import water from other regions.

SEC. 25. Section 10621 of the Water Code is amended to read:
10621. (a) Each urban water supplier shall update its plan at least once every ﬁve years on or before July 1, in years ending in six and one, incorporating updated and new information from the ﬁve years preceding each update.
(b) Every urban water supplier required to prepare a plan pursuant to this part shall, at least 60 days before the public hearing on the plan required by Section 10642, notify any city or county within which the supplier provides water supplies that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan. The urban water supplier may consult with, and obtain comments from, any city or county that receives notice pursuant to this subdivision.
(c) An urban water supplier regulated by the Public Utilities Commission shall include its most recent plan and water shortage contingency plan as part of the supplier’s general rate case ﬁlings.
(d) The amendments to, or changes in, the plan shall be adopted and ﬁled in the manner set forth in Article 3 (commencing with Section 10640). (e) Each urban water supplier shall update and submit its 2015 plan to the department by July 1, 2016.
(f) (1) Each urban water supplier shall update and submit its 2020 plan to the department by July 1, 2021.
(2) By January 1, 2024, each urban retail water supplier shall adopt and submit to the department a supplement to the adopted 2020 plan that includes information required pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 10631. This supplement is not an update or an amendment to the plan and, therefore, an urban water supplier is not required to comply with the public notice, hearing, and adoption requirements of Section 10642 before submitting the information to the department. 89 — 18 —Ch. 14

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SEC. 26. Section 10630 of the Water Code is amended to read:
10630. It is the intention of the Legislature, in enacting this part, to permit levels of water management planning commensurate with the numbers of customers served and the volume of water supplied, while accounting for impacts from climate change.

SEC. 27. Section 10630.5 is added to the Water Code, to read:
10630.5. Each plan shall include a simple lay description of how much water the agency has on a reliable basis, how much it needs for the foreseeable future, what the agency’s strategy is for meeting its water needs, the challenges facing the agency, and any other information necessary to provide a general understanding of the agency’s plan.

SEC. 28. Section 10631 of the Water Code is amended to read:
10631. A plan shall be adopted in accordance with this chapter that shall do all of the following:
(a) Describe the service area of the supplier, including current and projected population, climate, and other social, economic, and demographic factors affecting the supplier’s water management planning. The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in ﬁve-year increments to 20 years or as far as data is available. The description shall include the current and projected land uses within the existing or anticipated service area affecting the supplier’s water management planning. Urban water suppliers shall coordinate with local or regional land use authorities to determine the most appropriate land use information, including, where appropriate, land use information obtained from local or regional land use authorities, as developed pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(b) Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same ﬁve-year increments described in subdivision (a), providing supporting and related information, including all of the following:
(1) A detailed discussion of anticipated supply availability under a normal water year, single dry year, and droughts lasting at least ﬁve years, as well as more frequent and severe periods of drought, as described in the drought risk assessment. For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change.
(2) When multiple sources of water supply are identi ﬁed, a description of the management of each supply in correlation with the other identi ﬁed supplies.
(3) For any planned sources of water supply, a description of the measures that are being undertaken to acquire and develop those water supplies. (4) If groundwater is identi ﬁed as an existing or planned source of water available to the supplier, all of the following information:
(A) The current version of any groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720), 89 Ch. 14— 19 —

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any groundwater management plan adopted by the urban water supplier, including plans adopted pursuant to Part 2.75 (commencing with Section 10750), or any other speciﬁc authorization for groundwater management for basins underlying the urban water supplier’s service area. (B) A description of any groundwater basin or basins from which the urban water supplier pumps groundwater. For basins that a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the urban water supplier has the legal right to pump under the order or decree. For a basin that has not been adjudicated, information as to whether the department has identi ﬁed the basin as a high- or medium-priority basin in the most current ofﬁcial departmental bulletin that characterizes the condition of the groundwater basin, and a detailed description of the efforts being undertaken by the urban water supplier to coordinate with groundwater sustainability agencies or groundwater management agencies listed in subdivision (c) of Section 10723 to maintain or achieve sustainable groundwater conditions in accordance with a groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720).
(C) A detailed description and analysis of the location, amount, and sufﬁciency of groundwater pumped by the urban water supplier for the past ﬁve years. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. (D) A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the urban water supplier.

The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. (c) Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis.
(d) (1) For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same ﬁve-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following:
(A) Single-family residential.
(B) Multifamily.
(C) Commercial.
(D) Industrial.
(E) Institutional and governmental.
(F) Landscape.
(G) Sales to other agencies.
(H) Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination thereof.
(I) Agricultural.
(J) Distribution system water loss.
(2) The water use projections shall be in the same ﬁve-year increments described in subdivision (a).
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(3) (A) The distribution system water loss shall be quanti ﬁed for each of the ﬁve years preceding the plan update, in accordance with rules adopted pursuant to Section 10608.34.
(B) The distribution system water loss quanti ﬁcation shall be reported in accordance with a worksheet approved or developed by the department through a public process. The water loss quantiﬁcation worksheet shall be based on the water system balance methodology developed by the American Water Works Association.
(C) In the plan due July 1, 2021, and in each update thereafter, data shall be included to show whether the urban retail water supplier met the distribution loss standards enacted by the board pursuant to Section 10608.34.
(4) (A) Water use projections, where available, shall display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identi ﬁed by the urban water supplier, as applicable to the service area.
(B) To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following:
(i) Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections. (ii) Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans.

Water use projections that do not account for these water savings shall be noted of that fact.
(e) Provide a description of the supplier’s water demand management measures. This description shall include all of the following:
(1) (A) For an urban retail water supplier, as deﬁned in Section 10608.12, a narrative description that addresses the nature and extent of each water demand management measure implemented over the past ﬁve years. The narrative shall describe the water demand management measures that the supplier plans to implement to achieve its water use targets pursuant to Section 10608.20.
(B) For the supplement required of urban retail water suppliers by paragraph (2) of subdivision (f) of Section 10621, a narrative that describes the water demand management measures that the supplier plans to implement to achieve its urban water use objective by January 1, 2027, pursuant to Chapter 9 (commencing with Section 10609) of Part 2.55. (C) The narrative pursuant to this paragraph shall include descriptions of the following water demand management measures:
(i) Water waste prevention ordinances.
(ii) Metering.
(iii) Conservation pricing.
(iv) Public education and outreach.
(v) Programs to assess and manage distribution system real loss. (vi) Water conservation program coordination and staf ﬁng support. 89 Ch. 14— 21 —

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(vii) Other demand management measures that have a signiﬁcant impact on water use as measured in gallons per capita per day, including innovative measures, if implemented.
(2) For an urban wholesale water supplier, as deﬁned in Section 10608.12, a narrative description of the items in clauses (ii), (iv), (vi), and (vii) of subparagraph (C) of paragraph (1), and a narrative description of its distribution system asset management and wholesale supplier assistance programs.
(f) Include a description of all water supply projects and water supply programs that may be undertaken by the urban water supplier to meet the total projected water use, as established pursuant to subdivision (a) of Section 10635. The urban water supplier shall include a detailed description of expected future projects and programs that the urban water supplier may implement to increase the amount of the water supply available to the urban water supplier in normal and single-dry water years and for a period of drought lasting ﬁve consecutive water years. The description shall identify speciﬁc projects and include a description of the increase in water supply that is expected to be available from each project. The description shall include an estimate with regard to the implementation timeline for each project or program.
(g) Describe the opportunities for development of desalinated water, including, but not limited to, ocean water, brackish water, and groundwater, as a long-term supply.
(h) An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in ﬁve-year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water supplier’s plan that identi ﬁes and quanti ﬁes, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the wholesale agency to the urban water supplier over the same ﬁve-year increments, and during various water-year types in accordance with subdivision (f). An urban water supplier may rely upon water supply information provided by the wholesale agency in ful ﬁlling the plan informational requirements of subdivisions (b) and (f).

SEC. 29. Section 10631.2 of the Water Code is amended to read:
10631.2. (a) In addition to the requirements of Section 10631, an urban water management plan shall include any of the following information that the urban water supplier can readily obtain:
(1) An estimate of the amount of energy used to extract or divert water supplies.
(2) An estimate of the amount of energy used to convey water supplies to the water treatment plants or distribution systems.
(3) An estimate of the amount of energy used to treat water supplies. (4) An estimate of the amount of energy used to distribute water supplies through its distribution systems.
89 — 22 —Ch. 14

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(5) An estimate of the amount of energy used for treated water supplies in comparison to the amount used for nontreated water supplies. (6) An estimate of the amount of energy used to place water into or withdraw from storage.
(7) Any other energy-related information the urban water supplier deems appropriate.
(b) The department shall include in its guidance for the preparation of urban water management plans a methodology for the voluntary calculation or estimation of the energy intensity of urban water systems. The department may consider studies and calculations conducted by the Public Utilities Commission in developing the methodology.
(c) The Legislature ﬁnds and declares that energy use is only one factor in water supply planning and shall not be considered independently of other factors.

SEC. 30. Section 10631.7 of the Water Code is repealed.

SEC. 31. Section 10632 of the Water Code is repealed.

SEC. 32. Section 10632 is added to the Water Code, to read:
10632. (a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:
(1) The analysis of water supply reliability conducted pursuant to Section 10635.
(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:
(A) The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability. (B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following:
(i) Current year unconstrained demand, considering weather, growth, and other inﬂuencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. (ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier.
(iii) Existing infrastructure capabilities and plausible constraints. (iv) A deﬁned set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.
(v) A description and quantiﬁcation of each source of water supply. (3) (A) Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage. Urban water suppliers shall de ﬁne these shortage levels based on the suppliers’ water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other 89 Ch. 14— 23 —

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local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.
(B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.
(4) Shortage response actions that align with the deﬁned shortage levels and include, at a minimum, all of the following:
(A) Locally appropriate supply augmentation actions.
(B) Locally appropriate demand reduction actions to adequately respond to shortages.
(C) Locally appropriate operational changes.
(D) Additional, mandatory prohibitions against speci ﬁc water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.
(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action. (5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:
(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1. (B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.
(C) Any other relevant communications.
(6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.
(7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions speciﬁed in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions. (B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.
(C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as de ﬁned in Section 8558 of the Government Code.
(8) A description of the ﬁnancial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:
89 — 24 —Ch. 14

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(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).
(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).
(C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.
(9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.
(10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed. (b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and deﬁne water features that are arti ﬁcially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as deﬁned in subdivision (a) of Section 115921 of the Health and Safety Code.
(c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan.

SEC. 33. Section 10632.1 is added to the Water Code, to read:
10632.1. An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before June 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its ﬁnal allocations, or by June 1 of each year, whichever is later.

SEC. 34. Section 10632.2 is added to the Water Code, to read:
10632.2. An urban water supplier shall follow, where feasible and appropriate, the prescribed procedures and implement determined shortage response actions in its water shortage contingency plan, as identi ﬁed in subdivision (a) of Section 10632, or reasonable alternative actions, provided that descriptions of the alternative actions are submitted with the annual water shortage assessment report pursuant to Section 10632.1. Nothing in this section prohibits an urban water supplier from taking actions not speciﬁed in its water shortage contingency plan, if needed, without having 89 Ch. 14— 25 —

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to formally amend its urban water management plan or water shortage contingency plan.

SEC. 35. Section 10632.3 is added to the Water Code, to read:
10632.3. It is the intent of the Legislature that, upon proclamation by the Governor of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, the board defer to implementation of locally adopted water shortage contingency plans to the extent practicable.

SEC. 36. Section 10635 of the Water Code is amended to read:
10635. (a) Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in ﬁve-year increments, for a normal water year, a single dry water year, and a drought lasting ﬁve consecutive water years.

The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional, or local agency population projections within the service area of the urban water supplier.
(b) Every urban water supplier shall include, as part of its urban water management plan, a drought risk assessment for its water service to its customers as part of information considered in developing the demand management measures and water supply projects and programs to be included in the urban water management plan. The urban water supplier may conduct an interim update or updates to this drought risk assessment within the ﬁve-year cycle of its urban water management plan update. The drought risk assessment shall include each of the following:
(1) A description of the data, methodology, and basis for one or more supply shortage conditions that are necessary to conduct a drought risk assessment for a drought period that lasts ﬁve consecutive water years, starting from the year following when the assessment is conducted. (2) A determination of the reliability of each source of supply under a variety of water shortage conditions. This may include a determination that a particular source of water supply is fully reliable under most, if not all, conditions.
(3) A comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period. (4) Considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria. (c) The urban water supplier shall provide that portion of its urban water management plan prepared pursuant to this article to any city or county within which it provides water supplies no later than 60 days after the submission of its urban water management plan.
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(d) Nothing in this article is intended to create a right or entitlement to water service or any speciﬁc level of water service.
(e) Nothing in this article is intended to change existing law concerning an urban water supplier’s obligation to provide water service to its existing customers or to any potential future customers.

SEC. 37. Section 10640 of the Water Code is amended to read:
10640. (a) Every urban water supplier required to prepare a plan pursuant to this part shall prepare its plan pursuant to Article 2 (commencing with Section 10630). The supplier shall likewise periodically review the plan as required by Section 10621, and any amendments or changes required as a result of that review shall be adopted pursuant to this article. (b) Every urban water supplier required to prepare a water shortage contingency plan shall prepare a water shortage contingency plan pursuant to Section 10632. The supplier shall likewise periodically review the water shortage contingency plan as required by paragraph (10) of subdivision (a) of Section 10632 and any amendments or changes required as a result of that review shall be adopted pursuant to this article.

SEC. 38. Section 10641 of the Water Code is amended to read:
10641. An urban water supplier required to prepare a plan or a water shortage contingency plan may consult with, and obtain comments from, any public agency or state agency or any person who has special expertise with respect to water demand management methods and techniques.

SEC. 39. Section 10642 of the Water Code is amended to read:
10642. Each urban water supplier shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of both the plan and the water shortage contingency plan. Prior to adopting either, the urban water supplier shall make both the plan and the water shortage contingency plan available for public inspection and shall hold a public hearing or hearings thereon. Prior to any of these hearings, notice of the time and place of the hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code. The urban water supplier shall provide notice of the time and place of a hearing to any city or county within which the supplier provides water supplies. Notices by a local public agency pursuant to this section shall be provided pursuant to Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code. A privately owned water supplier shall provide an equivalent notice within its service area. After the hearing or hearings, the plan or water shortage contingency plan shall be adopted as prepared or as modiﬁed after the hearing or hearings.

SEC. 40. Section 10644 of the Water Code is amended to read:
10644. (a) (1) An urban water supplier shall submit to the department, the California State Library, and any city or county within which the supplier provides water supplies a copy of its plan no later than 30 days after adoption. Copies of amendments or changes to the plans shall be submitted to the department, the California State Library, and any city or county within which the supplier provides water supplies within 30 days after adoption. 89 Ch. 14— 27 —

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(2) The plan, or amendments to the plan, submitted to the department pursuant to paragraph (1) shall be submitted electronically and shall include any standardized forms, tables, or displays speciﬁed by the department. (b) If an urban water supplier revises its water shortage contingency plan, the supplier shall submit to the department a copy of its water shortage contingency plan prepared pursuant to subdivision (a) of Section 10632 no later than 30 days after adoption, in accordance with protocols for submission and using electronic reporting tools developed by the department. (c) (1) (A) Notwithstanding Section 10231.5 of the Government Code, the department shall prepare and submit to the Legislature, on or before July 1, in the years ending in seven and two, a report summarizing the status of the plans and water shortage contingency plans adopted pursuant to this part. The report prepared by the department shall identify the exemplary elements of the individual plans and water shortage contingency plans. The department shall provide a copy of the report to each urban water supplier that has submitted its plan and water shortage contingency plan to the department. The department shall also prepare reports and provide data for any legislative hearings designed to consider the effectiveness of plans and water shortage contingency plans submitted pursuant to this part. (B) The department shall prepare and submit to the board, on or before September 30 of each year, a report summarizing the submitted water supply and demand assessment results along with appropriate reported water shortage conditions and the regional and statewide analysis of water supply conditions developed by the department. As part of the report, the department shall provide a summary and, as appropriate, urban water supplier speciﬁc information regarding various shortage response actions implemented as a result of annual supplier-speci ﬁc water supply and demand assessments performed pursuant to Section 10632.1.
(C) The department shall submit the report to the Legislature for the 2015 plans by July 1, 2017, and the report to the Legislature for the 2020 plans and water shortage contingency plans by July 1, 2022.
(2) A report to be submitted pursuant to subparagraph (A) of paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(d) The department shall make available to the public the standard the department will use to identify exemplary water demand management measures.

SEC. 41. Section 10645 of the Water Code is amended to read:
10645. (a) Not later than 30 days after ﬁling a copy of its plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours. (b) Not later than 30 days after ﬁling a copy of its water shortage contingency plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours.

SEC. 42. Section 10650 of the Water Code is amended to read:
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10650. Any actions or proceedings, other than actions by the board, to attack, review, set aside, void, or annul the acts or decisions of an urban water supplier on the grounds of noncompliance with this part shall be commenced as follows:
(a) An action or proceeding alleging failure to adopt a plan or a water shortage contingency plan shall be commenced within 18 months after that adoption is required by this part.
(b) Any action or proceeding alleging that a plan or water shortage contingency plan, or action taken pursuant to either, does not comply with this part shall be commenced within 90 days after ﬁling of the plan or water shortage contingency plan or an amendment to either pursuant to Section 10644 or the taking of that action.

SEC. 43. Section 10651 of the Water Code is amended to read:
10651. In any action or proceeding to attack, review, set aside, void, or annul a plan or a water shortage contingency plan, or an action taken pursuant to either by an urban water supplier on the grounds of noncompliance with this part, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the supplier has not proceeded in a manner required by law or if the action by the water supplier is not supported by substantial evidence.

SEC. 44. Section 10653 of the Water Code is amended to read:
10653. The adoption of a plan shall satisfy any requirements of state law, regulation, or order, including those of the board and the Public Utilities Commission, for the preparation of water management plans, water shortage contingency plans, or conservation plans; provided, that if the board or the Public Utilities Commission requires additional information concerning water conservation, drought response measures, or ﬁnancial conditions to implement its existing authority, nothing in this part shall be deemed to limit the board or the commission in obtaining that information. The requirements of this part shall be satis ﬁed by any urban water demand management plan that complies with analogous federal laws or regulations after the effective date of this part, and which substantially meets the requirements of this part, or by any existing urban water management plan which includes the contents of a plan required under this part.

SEC. 45. Section 10654 of the Water Code is amended to read:
10654. An urban water supplier may recover in its rates the costs incurred in preparing its urban water management plan, its drought risk assessment, its water supply and demand assessment, and its water shortage contingency plan and implementing the reasonable water conservation measures included in either of the plans.

SEC. 46. Section 10656 of the Water Code is amended to read:
10656. An urban water supplier is not eligible for a water grant or loan awarded or administered by the state unless the urban water supplier complies with this part.

SEC. 47. Section 10657 is added to the Water Code, to read:
10657. The department may adopt regulations regarding the de ﬁnitions of water, water use, and reporting periods, and may adopt any other 89 Ch. 14— 29 —

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regulations deemed necessary or desirable to implement this part. In developing regulations pursuant to this section, the department shall solicit broad public participation from stakeholders and other interested persons.

SEC. 48. This act shall become operative only if Assembly Bill 1668 of the 2017–18 Regular Session is enacted and becomes effective.

O
89 — 30 —Ch. 14

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Assembly Bill No. 1668
CHAPTER 15
An act to amend Sections 531.10, 1120, 10608.12, 10608.20, 10608.48, 10801, 10802, 10814, 10817, 10820, 10825, 10826, 10843, 10845, and 10910 of, to add Sections 1846.5 and 10826.2 to, and to add Chapter 9 (commencing with Section 10609) and Chapter 10 (commencing with Section 10609.40) to Part 2.55 of Division 6 of, the Water Code, relating to water.
[Approved by Governor May 31, 2018. Filed with Secretary of State May 31, 2018.]
legislative counsel’s digest
AB 1668, Friedman. Water management planning.
(1) Existing law requires the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020. Existing law requires each urban retail water supplier to develop urban water use targets and an interim urban water use target, as speciﬁed.

This bill would require the State Water Resources Control Board, in coordination with the Department of Water Resources, to adopt long-term standards for the ef ﬁcient use of water, as provided, and performance measures for commercial, industrial, and institutional water use on or before June 30, 2022. The bill would require the department, in coordination with the board, to conduct necessary studies and investigations and make recommendations, no later than October 1, 2021, for purposes of these standards and performance measures. The bill would require the department, in coordination with the board, to conduct necessary studies and investigations and would authorize the department and the board to jointly recommend to the Legislature a standard for indoor residential water use.

The bill, until January 1, 2025, would establish 55 gallons per capita daily as the standard for indoor residential water use, beginning January 1, 2025, would establish the greater of 52.5 gallons per capita daily or a standard recommended by the department and the board as the standard for indoor residential water use, and beginning January 1, 2030, would establish the greater of 50 gallons per capita daily or a standard recommended by the department and the board as the standard for indoor residential water use.

The bill would impose civil liability for a violation of an order or regulation issued pursuant to these provisions, as speciﬁed.

The bill would require the department, in consultation with the board, to propose to the Governor and the Legislature, by January 1, 2020, recommendations and guidance relating to the development and implementation of countywide drought and water shortage contingency plans to address the planning needs of small water suppliers and rural 88 STATE OF CALIFORNIA

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communities, as provided. The bill would require the department, in consultation with the board and other relevant state and local agencies and stakeholders, to use available data to identify small water suppliers and rural communities that may be at risk of drought and water shortage vulnerability, no later than January 1, 2020, and would require the department to notify counties and groundwater sustainability agencies of those suppliers or communities.
(2) Existing law establishes procedures for reconsideration and amendment of speci ﬁed decisions and orders of the board. Existing law authorizes any party aggrieved by a speciﬁed decision or order of the board to ﬁle, not later than 30 days from the date of ﬁnal board action, a petition for writ of mandate for judicial review of the decision or order.

This bill would apply these procedures to decisions and orders of the board issued pursuant to the provisions described in paragraph (1), including existing provisions and those added by this bill.
(3) Existing law requires an agricultural water supplier to submit an annual report to the department that summarizes aggregated farm-gate delivery data using best professional practices.

This bill would require the annual report for the prior year to be submitted to the department by April 1 of each year, as provided, and to be organized by groundwater basin or subbasin within the service area of the agricultural water supplier, if applicable.
(4) Existing law requires an agricultural water supplier to prepare and adopt an agricultural water management plan with speci ﬁed components on or before December 31, 2012, and to update those plans on or before December 31, 2015, and on or before December 31 every 5 years thereafter.

Existing law requires the agricultural water supplier to submit copies of its plan to speciﬁed entities no later than 30 days after the adoption of the plan, and requires the department to prepare and submit to the Legislature, on or before December 31 in the years ending in 6 and one, a report summarizing the status of the plans.

This bill would revise the components of the plan and additionally require a plan to include an annual water budget based on the quanti ﬁcation of all inﬂow and outﬂow components for the service area of the agricultural water supplier and a drought plan describing the actions of the agricultural water supplier for drought preparedness and management of water supplies and allocations during drought conditions.

The bill would require an agricultural water supplier to update its agricultural water management plan on or before April 1, 2021, and thereafter on or before April 1 in the years ending in 6 and one. The bill would require an agricultural water supplier to submit its plan to the department no later than 30 days after the adoption of the plan. The bill would require the department to review an agricultural water management plan and notify an agricultural water supplier if the department determines that it is noncompliant, as provided. The bill would authorize the department, if it has not received a plan or determined that the plan submitted is 88 — 2 —Ch. 15

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noncompliant, to contract with certain entities to prepare or complete a plan on behalf of the agricultural water supplier.

The bill would require an agricultural water supplier to submit copies of its plan to speci ﬁed entities no later than 30 days after the department’s review of the plan. The bill would require the department to submit its report summarizing the status of the plans to the Legislature on or before April 30 in the years ending in 7 and 2.
(5) This bill would make its operation contingent on the enactment of SB 606 of the 2017–18 Regular Session.

The people of the State of California do enact as follows:

SECTION 1. Section 531.10 of the Water Code is amended to read:
531.10. (a) (1) An agricultural water supplier shall submit an annual report to the department that summarizes aggregated farm-gate delivery data, on a monthly or bimonthly basis, using best professional practices.

The annual report for the prior year shall be submitted to the department by April 1 of each year. The annual report shall be organized by basin, as deﬁned in Section 10721, within the service area of the agricultural water supplier, if applicable.
(2) The report, and any amendments to the report, submitted to the department pursuant to this subdivision shall be submitted electronically and shall include any standardized forms, tables, or displays speci ﬁed by the department.
(3) The department shall post all reports on its Internet Web site in a manner that allows for comparisons across water suppliers. The department shall make the reports available for public viewing in a timely manner after it receives them.
(b) Nothing in this article shall be construed to require the implementation of water measurement programs or practices that are not locally cost effective.
(c) It is the intent of the Legislature that the requirements of this section shall complement and not affect the scope of authority granted to the department or the board by provisions of law other than this article.

SEC. 2. Section 1120 of the Water Code is amended to read:
1120. This chapter applies to any decision or order issued under this part or Section 275, Part 2 (commencing with Section 1200), Part 2 (commencing with Section 10500) of Division 6, Part 2.55 (commencing with Section 10608) of Division 6, or Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, or the public trust doctrine.

SEC. 3. Section 1846.5 is added to the Water Code, to read:
1846.5. (a) An urban retail water supplier who commits any of the violations identiﬁed in subdivision (b) may be liable in an amount not to exceed the following, as applicable:
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(1) If the violation occurs in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, ten thousand dollars ($10,000) for each day in which the violation occurs.
(2) For all violations other than those described in paragraph (1), one thousand dollars ($1,000) for each day in which the violation occurs. (b) Liability pursuant to this section may be imposed for any of the following violations:
(1) Violation of an order issued under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6.
(2) Violation of a regulation issued under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6, if the violation occurs after November 1, 2027.
(c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.
(d) Civil liability may be imposed administratively by the board pursuant to Section 1055.

SEC. 4. Section 10608.12 of the Water Code is amended to read:
10608.12. Unless the context otherwise requires, the following deﬁnitions govern the construction of this part:
(a) “Agricultural water supplier” means a water supplier, either publicly or privately owned, providing water to 10,000 or more irrigated acres, excluding recycled water. “Agricultural water supplier” includes a supplier or contractor for water, regardless of the basis of right, that distributes or sells water for ultimate resale to customers. “Agricultural water supplier” does not include the department.
(b) “Base daily per capita water use” means any of the following:
(1) The urban retail water supplier’s estimate of its average gross water use, reported in gallons per capita per day and calculated over a continuous 10-year period ending no earlier than December 31, 2004, and no later than December 31, 2010.
(2) For an urban retail water supplier that meets at least 10 percent of its 2008 measured retail water demand through recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier, the urban retail water supplier may extend the calculation described in paragraph (1) up to an additional ﬁve years to a maximum of a continuous 15-year period ending no earlier than December 31, 2004, and no later than December 31, 2010.
(3) For the purposes of Section 10608.22, the urban retail water supplier’s estimate of its average gross water use, reported in gallons per capita per day and calculated over a continuous ﬁve-year period ending no earlier than December 31, 2007, and no later than December 31, 2010. 88 — 4 —Ch. 15

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(c) “Baseline commercial, industrial, and institutional water use” means an urban retail water supplier’s base daily per capita water use for commercial, industrial, and institutional users.
(d) “CII water use” means water used by commercial water users, industrial water users, institutional water users, and large landscape water users.
(e) “Commercial water user” means a water user that provides or distributes a product or service.
(f) “Compliance daily per capita water use” means the gross water use during the ﬁnal year of the reporting period, reported in gallons per capita per day.
(g) “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.
(h) “Gross water use” means the total volume of water, whether treated or untreated, entering the distribution system of an urban retail water supplier, excluding all of the following:
(1) Recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier. (2) The net volume of water that the urban retail water supplier places into long-term storage.
(3) The volume of water the urban retail water supplier conveys for use by another urban water supplier.
(4) The volume of water delivered for agricultural use, except as otherwise provided in subdivision (f) of Section 10608.24.
(i) “Industrial water user” means a water user that is primarily a manufacturer or processor of materials as de ﬁned by the North American Industry Classiﬁcation System code sectors 31 to 33, inclusive, or an entity that is a water user primarily engaged in research and development. (j) “Institutional water user” means a water user dedicated to public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonproﬁt research institutions.
(k) “Interim urban water use target” means the midpoint between the urban retail water supplier’s base daily per capita water use and the urban retail water supplier’s urban water use target for 2020. (l) “Large landscape” means a nonresidential landscape as described in the performance measures for CII water use adopted pursuant to Section 10609.10.
(m) “Locally cost effective” means that the present value of the local beneﬁts of implementing an agricultural ef ﬁciency water management practice is greater than or equal to the present value of the local cost of implementing that measure.
(n) “Performance measures” means actions to be taken by urban retail water suppliers that will result in increased water use efﬁciency by CII water users. Performance measures may include, but are not limited to, educating CII water users on best management practices, conducting water use audits, 88 Ch. 15— 5 —

Ceres City CouncilOctober 13, 2025

Ceres City Council
October 13, 2025