On the agenda: Ceres meeting — ALPR (Mar 23)
Past ⚠ Agenda Watch Ceres, California · Monday, March 23, 2026 — 6 months ago
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The published agenda for this March 23 meeting contains: "ALPR", "Surveillance camera". The meeting has passed; the record and its outcome live here permanently.
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AGENDA
AMENDMENT #1
Dated: March 20, 2026
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, March 23, 2026, 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:
Vice Mayor:
Councilmembers:
Javier Lopez
Daniel A. Martinez (District 4)
James Casey (District 1); Rosalinda L. Vierra (District 2); Cerina Otero
(District 3)
INVOCATION
Invocation by Tim Giannosa, Valley Grace Church.
AGENDA
Regular City Council Meeting
March 23, 2026
Page 2
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Lexi Farinha, Virginia Parks Elementary School.
PRESENTATIONS
None
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 March 23, 2026, City Council Meeting
was Posted on Wednesday, March 18, 2026. (City Clerk)
2.
Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive
readings in full of all ordinances and resolutions on the agenda and declare that
said titles which appear on the public agenda shall be determined to have been
read by title). (City Clerk)
3.
Approval of Minutes for the March 9, 2026, Regular City Council Meeting.
(City Clerk)
4.
Register of Audited Demand(s) Dated February 25, 2026, through March 11, 2026.
(Portillo)
5.
Resolution No. 2026-XXX, Approving a Professional Services Agreement with
Goodwin Consulting Group in the Amount of $55,000 for Consulting Services to
Establish Community Facilities District No. 4 and Authorizing the City Manager to
Execute the Agreement. (Beltran)
AGENDA
Regular City Council Meeting
March 23, 2026
Page 3
6.
Resolution No. 2026-XXX, Approving Amendment No. 1 to the Agreement with
Schneider Electric Buildings Americas, Inc. in an Amount Not to Exceed $4,988,067
for Turnkey Design and Construction Energy Services, Authorizing the Construction
of a 995-Kilowatt Solar Photovoltaic System at the City of Ceres Wastewater
Treatment Plant, and Authorizing the City Manager to Execute the Amendment.
(Beltran)
7.
Resolution No. 2026-XXX, Approving a Three-Year Service Agreement with Jay's
Tires for Upfitting Police Department Vehicles and Authorizing the City Manager to
Execute the Agreement. (Johnson)
8.
Resolution No. 2026-XXX, Approving a Budget Amendment in the Amount of
$45,427.88 for Fiscal Year 2025-26 to Appropriate COPS (SLESF) Funds to Add
Command Boxes and Upgraded Police Radios to the Two Watch Commander
Police Vehicles. (Johnson)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
None
PUBLIC HEARING
9.
Ordinance No. 2026-XXXX, An Ordinance of the City Council of the City Council
of the City of Ceres Amending Chapter 10, Tobacco and Smoke Shop Restrictions,
to Title 6, Health and Sanitation, of the Ceres Municipal Code. (Johnson)
*This public hearing is being continued to the April 13, 2026, Regular City Council
Meeting.
10.
Ordinance No. 2026-XXXX, An Ordinance of the City Council of the City of Ceres
Amending Title 5, Business Licenses and Regulation, Chapter 20, Fireworks Sales
of the Ceres Municipal Code. (Johnson)
11a.
Ordinance No. 2026-XXXX, An Ordinance of the City Council of the City of Ceres
Amending Title 5, Business Licenses and Regulations, Chapter 3, General Permit
Procedure, Section 010, General and Title 5, Business Licenses and Regulation,
Chapter 22, Cannabis Pilot Program, of the Ceres Municipal Code. (City Attorney)
11b.
Ordinance No. 2026-XXXX, A Zoning Ordinance Text Amendment of the City
Council of the City of Ceres Adding Chapter 43, Cannabis Conditional Use
Permits, to Title 18, Zoning, and Amending Sections 18.02.010, 18.13.020,
18.16.040, 18.17.040, 18.18.040, 18.19.040, and 18.20.040, of Title 18, Zoning, of
the Ceres Municipal Code. (City Attorney)
AGENDA
Regular City Council Meeting
March 23, 2026
Page 4
12.
Resolution No.
(City Attorney)
2026-XXX,
Approving
Cannabis
Business
Tax
Rates.
NEW BUSINESS
None
DISCUSSION ITEMS
13.
Official Bonding of City Treasurer and Addition of Vice Mayor to Bonding Coverage.
(Portillo)
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).
14.
Create Ad-Hoc Committee for Christmas Tree Lane that Includes Christmas Tree
Lane Residents
(Requested by Councilmember Otero at the December 8, 2025, Regular City
Council Meeting).
REPORTS
At this time, any Councilmembers or City staff will make an announcement, or report briefly on his/her
activities.
•
•
•
•
•
Mayor
City Council
City Manager
City Attorney
Departments
CLOSED SESSION
15.
Conference with Legal Counsel – Anticipated Litigation, Significant Exposure to
Litigation Pursuant to 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: 2 cases
16.
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 fringe benefits of its represented and unrepresented
employees, and, for represented employees, any other matter within the statutorily provided scope
of representation.”
AGENDA
Regular City Council Meeting
March 23, 2026
Page 5
Agency Designated Representative: City Manager, Douglas D. Dunford and Human
Resources Director, Delilah Vasquez
Employee Organization: Laborers’ International Union of North America (LiUNA!)
17.
Liability Claims, Cal. Gov. Code §54956.95
“For the purposes of Section 54956.9, ‘existing facts and circumstances’ shall consist only of one of
the following: The receipt of a claim pursuant to the Government Claims Act (Division 3.6
(commencing with Section 810) of Title 1 of the Government Code) or some other written
communication from a potential plaintiff threatening litigation, which claim or communication shall
be available for public inspection pursuant to Section 54957.5.”
Claimant: Ronald Smith
Agency Claimed Against: City of Ceres
18.
Conference with Real Property Negotiators, Cal Gov’t Code §54956.8
“Notwithstanding any other provisions of this chapter, a legislative body of a local agency may hold
a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property
by or for the local agency to grant authority to its negotiator regarding the price and terms of payment
for the purchase, sale, exchange, or lease.”
Property: 041-007-013
Agency Negotiator: City Manager, Douglas D. Dunford and City Attorney, Nubia I.
Goldstein
Negotiating Parties: Allen & Victoria Moore and G3 Enterprises
Under Negotiations: Price and/or terms of payment
19.
Conference with Real Property Negotiations, Cal Gov’t Code §54956.8
“Notwithstanding any other provisions of this chapter, a legislative body of a local agency may hold
a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property
by or for the local agency to grant authority to its negotiator regarding the price and terms of payment
for the purchase, sale, exchange, or lease.”
Property: 041-007-010
Agency Negotiator: City Manager, Douglas D. Dunford and City Attorney, Nubia I.
Goldstein
Negotiating Parties: Daniel Lamb Trust and G3 Enterprises
Under Negotiations: Price and/or terms of payment
20.
Public Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1)
Title: City Manager
REPORT FROM CLOSED SESSION
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on April 13, 2026, at 6:00 p.m. in the City
Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
AGENDA
Regular City Council Meeting
March 23, 2026
Page 6
AFFIDAVIT OF POSTING
I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the
foregoing agenda for the Regular City Council Meeting was posted on Wednesday, March
18, 2026, at the following locations in Ceres:
•
Community Center Display Case – 2701 Fourth Street
________________________________________________________________________________________________________________________________________________________ __
Fallon Martin, City Clerk
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) 5385731.
Notice regarding Americans with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you need
special assistance to participate in this meeting or if you need the
agenda and/or the documents in the agenda packet provided in an
alternative format, please contact the city clerk’s office at (209) 5385731 at least 48 hours prior to the meeting to ensure that reasonable
arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).
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comuníquese con la Secretaria Municipal a través de la dirección de correo electrónico [email protected].
AGENDA
Enmienda n.º 1
Fecha: 20 de marzo de 2026
REUNIÓN REGULAR DEL CONCEJO MUNICIPAL
CIUDAD DE CERES, CALIFORNIA
Sala del Concejo Municipal, 2701 Fourth Street
Lunes, 23 de marzo de 2026, a las 6:00 p.m.
Dirección de envio: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292
Teléfono: (209) 538-5700
Fax: (209) 538-5780
LLAMAR AL ORDEN
Alcalde Lopez
PASE DE LISTA
Alcalde:
Vicealcalde:
Concejales:
Javier Lopez
Daniel A. Martinez (Distrito 4)
James Casey (Distrito 1); Rosalinda L. Vierra (Distrito 2); Cerina
Otero (Distrito 3)
INVOCACIÓN
Invocación por Tim Giannosa, Valley Grace Church.
AGENDA
Reuniòn Regular Del Consejo Municipal
23 de marzo de 2026
Página 2
JURAMENTO A LA BANDERA
Juramento a la bandera dirigido por Lexi Farinha, Virgina Parks Elementary School.
PRESENTACIONES
Nada
COMENTARIOS PÚBLICOS al Consejo sobre asuntos no incluidos en la agenda (cinco minutos).
El Consejo Municipal da la bienvenida y fomenta la participación en sus reuniones. Las reglas adoptadas
permiten un máximo de 5 minutos (Resolución n.° 2007-106) para la expresión sobre temas no incluidos
en la agenda. El público general puede dirigirse aserca de asuntos que esten bajo la jurisdicción del
Consejo Municipal y que no estan incluidos en la agenda que fue publicada; sin embargo, la ley de
California prohíbe que el Consejo Municipal tome decisiones sobre cualquier asunto que no esté en la
agenda publicada, a menos que el Consejo Municipal lo declare como una emergencia. Cuidadanos tienen
el derecho a dirigirse al Consejo Municipal sobre cualquier punto de la agenda, con la limitación de 5
minutos.
DECLARACIÓN DE CONFLICTO DE INTERESES
NOMBRAMIENTOS PARA JUNTAS/COMISIONES
Nada
CALENDARIO DE CONSENTIMIENTO
Todos los asuntos incluidos en el Calendario de Consentimiento se consideran de rutina ordinaria y se
aprobarán por una sola moción, a menos que algún Concejal o miembro del público solicite su consideración
por separado. Si no, se aceptará la recomendación del personal y se procederá a la votación nominal.
1.
Informe de la Secretaria Municipal sobre la publicación de la agenda. La agenda
de la Reunión del Concejo Municipal del 23 de marzo de 2026 se publicó el
miércoles 18 de marzo de 2026. (Secretaria Municipal)
2.
Renuncia procesal de lectura. Renuncia de la lectura de todas las ordenanzas y
resoluciones. (Se renuncia la lectura completa de todas las ordenanzas y
resoluciones incluidas en la agenda y se declara que los títulos mencionados en la
agenda pública se considerarán leídos por título). (Secretaria municipal)
3.
Aprobación de la acta de la Renuión Regular del Consejo Municipal del 9 de marzo
de 2026. (Secretaria Municipal)
4.
Registro de demandas de pago del 25 de febrero de 2026 al 11 de marzo de 2026.
(Portillo)
AGENDA
Reuniòn Regular Del Consejo Municipal
23 de marzo de 2026
Página 3
5.
Resolución Nº 2026-XXX, Aprobación de un contrato de servicios profesionales
con Goodwin Consulting Group por un monto de $55,000 para servicios de
consultoría destinados a la creación del Distrito de Instalaciones Comunitarias No.
4, y autorización al Administrador Municipal para la firma del contrato. (Beltran)
6. Resolución Nº 2026-XXX, Aprobación de la enmienda n° 1 al acuerdo con
Schneider Electric Buildings Americas, Inc. por un monto que no exceda
$4,988,067 para servicios integrales de diseño y construcción de energía,
autorizando la construcción de un sistema solar fotovoltaico de 995 kilovatios en la
planta de tratamiento de aguas residuales de la ciudad de Ceres, y autorizando al
Administrador Municipal a firmar la enmienda. (Beltran)
7.
Resolución Nº 2026-XXX, Aprobación de un acuerdo de servicios por tres años
con Jay's Tires para el equipamiento de vehículos del Departamento de Policía, y
autorización al Administrador de la Ciudad para firmar el contrato. (Johnson)
8.
Resolución Nº 2026-XXX, Aprobación de una enmienda presupuestaria por un
monto de $45,427.88 para el año fiscal 2025-26 para asignar fondos del programa
COPS (SLESF) para agregar cajas de mando y radios policiales mejorados a los
dos vehículos policiales de los Comandantes de Turno. (Johnson)
CONSIDERACIÓN DE LOS ASUNTOS RETIRADOS DEL CALENDARIO DE
CONSENTIMIENTO
ASUNTOS PENDIETES
Nada
AUDIENCIA PÚBLICA
9.
Ordenanza Nº 2026-XXXX, Una Ordenanza del Concejo Municipal de la Ciudad
de Ceres que modifica el Capítulo 10, Restricciones a Estancos y Tiendas de
Tabaco, al Título 6, Salud y Saneamiento, del Código Municipal de Ceres.
(Johnson)
*Esta audiencia pública se pospone para la Reunión Regular del Consejo Municipal
del 13 de abril de 2026.
10.
Ordenanza Nº 2026-XXXX, Una Ordenanza del Concejo Municipal de la Ciudad
de Ceres que enmienda el Título 5, Licencias y Regulación de Negocios, Capítulo
20, Venta de Fuegos Artificiales, del Código Municipal de Ceres. (Johnson)
11a.
Ordenanza Nº 2026-XXXX, Una Ordenanza del Consejo Municipal de la Ciudad
de Ceres que enmienda el Título 5, Licencias y Reglamentos Comerciales, Capítulo
3, Procedimiento General de Permisos, Sección 010, General y el Título 5,
Licencias y Reglamentos Comerciales, Capítulo 22, Programa Piloto de Cannabis,
del Código Municipal de Ceres. (Abogada Municipal)
AGENDA
Reuniòn Regular Del Consejo Municipal
23 de marzo de 2026
Página 4
11b.
Resolución Nº 2026-XXX, Enmienda al Texto de la Ordenanza de Zonificación del
Concejo de la Ciudad de Ceres que añade el Capítulo 43, Permisos de Uso
Condicional de Cannabis, al Título 18, Zonificación, y modifica las Secciones
18.02.010, 18.13.020, 18.16.040, 18.17.040, 18.18.040, 18.19.040 y 18.20.040 del
Título 18, Zonificación, del Código Municipal de Ceres. (Abogada Municipal)
12.
Resolución Nº 2026-XXX, Aprobación de las tasas impositivas para negocios de
cannabis. (Abogada Municipal)
ASUNTOS NUEVOS
Nada
TEMAS DE DISCUSIÓN
13.
Fianza oficial del Tesorero Municipal y adición del Vice Alcalde a la cobertura de la
fianza. (Portillo)
RECOMENDACIONES DE LOS CONCEJALES
Los concejales solicitan que se incluya un punto en la agenda de una futura reunión (en conformidad con
el Capítulo 2 - Reuniones del Consejo Municipal, J-8. Recomendaciones/Determinación de puntos para la
agenda del Consejo Municipal).
14.
Crear un comité especial para Christmas Tree Lane que incluya a los residentes
de Christmas Tree Lane.
(Solicitado por la Concejal Otero en la Reunión Regular del Consejo Municipal del
8 de diciembre de 2025).
INFORMES
En este momento, cualquier miembro del Consejo o del personal municipal podrá hacer un anuncio o informar
brevemente sobre sus actividades.
•
•
•
•
•
Alcalde
Consejales
Administrador Municipal
Abogada Municipal
Departmentos
SESIÓN A PUERTA CERRADA
15.
Conferencia con el asesor legal – Litigio Previsto, Exposición Significativa a Litigios
de conformidad con el Código de Gobierno de California §54956.9(d)(2)
“Para los efectos de esta sección, se considerará que existe un litigio pendiente cuando se presente
alguna de las siguientes circunstancias… Se ha llegado a un punto en el que, a juicio del órgano
legislativo de la agencia local, con el asesoramiento de su asesor legal y basándose en los hechos
y circunstancias existentes, existe una exposición significativa a litigios contra la agencia local.”
Casos Potenciales: 2 casos
AGENDA
Reuniòn Regular Del Consejo Municipal
23 de marzo de 2026
Página 5
16.
Conferencia con con negociadores laborales, Código Gubernamental de California
§54957.6(a)
“No obstante cualquier otra disposición legal, un órgano legislativo de una agencia local podrá tener
sesiones a puerta cerrada con los representantes designados de dicha agencia local con respecto
a los salarios, las escalas salariales o la compensación pagada en forma de beneficios
complementarios a sus empleados representados y no representados y, en el caso de los
empleados representados, cualquier otro asunto comprendido dentro del ámbito de representación
establecido por la ley.”
Representantes Designados de la Agencia: Administrador Municipal, Douglas D.
Dunford, y Directora de Recursos Humanos, Delilah Vasquez
Organización de Empleados: Laborers’ International Union of North America
(LiUNA!)
17.
Reclamaciones de Responsabilidad Civil, Código de Gobierno de California
§54956.95
“Para los efectos de la Sección 54956.9, los ‘hechos y circunstancias existentes’ consistirán
únicamente en uno de los siguientes: la recepción de una reclamación conforme a la Ley de
Reclamaciones Gubernamentales (División 3.6 (que comienza con la Sección 810) del Título 1 del
Código de Gobierno) o cualquier otra comunicación escrita de un posible demandante que amenace
con iniciar un litigio, la cual estará disponible para inspección pública conforme a la Sección
54957.5.”
Demandante: Ronald Smith
Organización Demandado: Ciudad de Ceres
18.
Reunión para negociaciones sobre bienes inmuebles, Código de Gobierno de
California §54956.8
“Sin perjuicio de cualquier otra disposición de este capítulo, un órgano legislativo de una agencia
local podrá celebrar una sesión a puerta cerrada con su negociador antes de la compra, venta,
intercambio o arrendamiento de bienes inmuebles por o para la agencia local, a fin de otorgarle
autoridad a su negociador con respecto al precio y las condiciones de pago de dicha compra, venta,
intercambio o arrendamiento.”
Propiedad: 041-007-013
Negociador de la agencia: Administrador Municipal, Douglas D. Dunford y Abogada
Municipal, Nubia I. Goldstein
Partes negociadoras: Allen y Victoria Moore and G3 Enterprises
Negociación: Precio y/o condiciones de pago
19.
Reunión para negociaciones sobre bienes inmuebles, Código Gubernamental de
California §54956.8
Propiedad: 041-007-010
Negociadores de la agencia: Administrador Municipal, Douglas D. Dunford y
Abogada Municipal, Nubia I. Goldstein
Partes negociadoras: Daniel Lamb Trust y G3 Enterprises
En negociación: Precio y/o condiciones de pago
20.
Evaluación del desempeño de los empleados públicos, Código de Gobierno de
California §§54957(b)(1)
Título: Gerente municipal
AGENDA
Reuniòn Regular Del Consejo Municipal
23 de marzo de 2026
Página 6
INFORME DE LA SESIÓN A PUERTA CERRADA
APLAZAMIENTO
La próxima reunión regular del Consejo Municipal será el 13 de abril de 2026, a las 6:00 p.m., en la sala del
Consejo Municipal ubicada en el Centro Comunitario, en 2701 Fourth Street, Ceres, CA.
DECLARACIÓN JURADA DE PUBLICACIÓN
Yo, Fallon Martin, Secretaria Municipal de la Ciudad de Ceres, declaro bajo pena de
perjurio que la agenda para la Sesiòn Regular del Concejo Municipal fue publicado el
miércoles 18 de marzo de 2026 en los siguientes lugares de Ceres:
•
Vitrina del Centro Comunitario – 2701 Fourth Street
________________________________________________________________________________________________________________________________________________________ _________________
Fallon Martin, Sectretaria Municipal
Agenda del Consejo:
La agenda del consejo está disponible para revisión pública en el sitio web de la ciudad
en www.ci.ceres.ca.us y se publica en la fecha y los lugares indicados anteriormente.
Materiales relacionados:
Cualquier escrito o documento proporcionado a la mayoría del Consejo Municipal en
relación con cualquier punto de esta agenda estará disponible para inspección pública en
la Oficina de la Secretaria Municipal, ubicada en el Ayuntamiento, en 2220 Magnolia
Street, Ceres, CA, durante el horario commercial normal. Las personas que tengan
preguntas sobre cualquier punto de la agenda pueden llamar a la Oficina de la Secretaria
Municipal al (209) 538-5731.
Aviso acerca de la Ley de Estadounidenses con Discapacidades:
En conformidad con la Ley para Estadounidenses con
Discapacidades, si necesita asistencia especial para participar en
esta reunión o si necesita que la agenda o los documentos incluidos
en el paquete de la agenda se le proporcionen en una forma
alternativa, comuníquese con la oficina de la secretaria municipal al
(209) 538-5731 con al menos 48 horas en anticipación a la reunión
para garantizar que se puedan realizar los arreglos necesarios (28
CFR 35.102-35.104, Título II de la ADA).
DRAFT MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, March 9, 2026, 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 February 9, 2026, meeting to order at 6:00 p.m.
ROLL CALL – Present:
Mayor:
Vice Mayor:
Councilmembers:
Javier Lopez
Daniel A. Martinez (District 4)
James Casey (District 1); Rosalinda L. Vierra (District 2); Cerina
Otero (District 3)
District 1
Councilmember
Casey
Present
District 2
Councilmember
Vierra
Present
District 3
Councilmember
Otero
Present
District 4
Vice Mayor
Martinez
Present
Mayor Lopez
Present
INVOCATION
Invocation by Tim Giannosa, Big Valley Grace Community Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Cayden Perez Grandberry, Mae Hensley Junior High School.
PRESENTATIONS
A.
Women’s History Month Proclamation
The Persephone Guild of Ceres and Soroptimist International of Ceres accepted
the proclamation.
B.
StanCOG Regional Transportation Plan and Sustainable Communities Strategy
Chris Gregerson with Kimley-Horn gave the presentation.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
March 9, 2026
Page 2
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda
(five minutes)
Narinder Bahia provided an update on Senator Alvarado-Gil’s office.
Ismael Ontiveros spoke regarding lighting at Costa Fields, City Manager comments, and
American Rescue Plan Act (ARPA) funds.
Jorge Guerrero spoke regarding documentation on lighting at Costa Fields and March
27th being opening day for Ceres Youth Baseball.
Brandy Meyer spoke regarding a Soroptimist International of Ceres event, multi-chamber
mixer event, coffee and conversation event, underserved business workshop, Ceres
Street Faire, and Love Ceres.
John Warren thanked the Persephone Guild of Ceres and Soroptimist International of
Ceres for accepting the Women’s History Month proclamation, thanked Council for the
VFW donation, spoke regarding Memorial Day services, and Copper Trails.
CONFLICT OF INTEREST DECLARATION
None
APPOINTMENTS TO BOARDS/COMMISSIONS
None
CONSENT CALENDAR
1.
Clerks Report of Posting. The agenda of the March 9, 2026, City Council Meeting
was Posted on Wednesday, March 4, 2026. (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 January 26, 2026, Regular City Council Meeting.
(City Clerk)
4.
Approval of Minutes for the February 9, 2026, Regular City Council Meeting.
(City Clerk)
5.
Register of Audited Demand(s) Dated January 23, 2026, through February 18,
2026. (Portillo)
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
March 9, 2026
Page 3
6.
Resolution No. 2026-19, Approving a Memorandum of Understanding with the
Stanislaus County Regional Apprehension Team (RAT) for a Term of Three (3)
Years and Authorizing the City Manager to Execute the MOU. (Johnson)
7.
Resolution No. 2026-20, Approving an Amendment to the Professional Services
Agreement with GDR Engineering for Additional Surveying Services for the Morrow
Village Phase 3 Sidewalk Improvements Project in the Amount of $2,360 and
Authorizing the City Manager to Execute the Amendment. (Beltran)
8.
Removed for separate consideration.
9.
General Correspondence – Information Only
a. Annual Economic Development Report (Aguirre)
b. Public Works Monthly Report for January 2026 (Casas)
10.
Resolution No. 2026-22, Approving the Project Agreement to the Master
Agreement for Professional Consultant Services with Westwood Professional
Services in the amount of $26,084.44 for National Environmental Policy Act (NEPA)
Studies for the Moffett Road Rehabilitation Project (2407) and Authorizing the City
Manager to Execute the Agreement. (Beltran)
11.
Resolution No. 2026-23, Accepting the Annual Fire Inspection Report for 2025.
(Hunter)
Action:
Councilmember
Casey
Yes
Motion by Vice Mayor Martinez, seconded by Councilmember
Vierra, approving items 1 – 7 and 9 – 11. Motion carried 5/0/0/0
by the following roll call vote:
Councilmember
Vierra
Yes
Councilmember
Otero
Yes
Vice Mayor
Martinez
Yes
Mayor Lopez
Yes
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
Item 8: Removed for separate consideration by Councilmember Casey
Resolution No. 2026-21, Approving the Project Agreement to the Master
Agreement for Professional Consultant Services with Consor North America for
North Ceres Pump Station, Force Main and Downstream Up-Sizing (New Project
String) Project in the Amount of $971,881.00, Approving the Creation of a New
Project String, Approving a Budget Amendment in the Amount of $1,000,000.00,
and Authorizing the City Manager to Execute the Agreement. (Beltran)
Councilmember Casey spoke regarding the funding source.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
March 9, 2026
Page 4
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public
comment.
Council and staff discussion included water and sewer funds.
Action:
Councilmember
Casey
Yes
Motion by Vice Mayor Martinez, seconded by Councilmember
Vierra, approving item 8. Motion carried 5/0/0/0 by the following
roll call vote:
Councilmember
Vierra
Yes
Councilmember
Otero
Yes
Vice Mayor
Martinez
Yes
Mayor Lopez
Yes
UNFINISHED BUSINESS
None
PUBLIC HEARING
None
NEW BUSINESS
None
DISCUSSION ITEMS
12.
Approving Letters of Support from the Ceres City Council to Present to Stanislaus
Regional Transit Authority for the Transit and Intercity Rail Capital Program
Application (TIRCP). (City Manager)
City Manager, Doug Dunford, introduced the item.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public
comment.
Council and staff discussion included funding percentage and additional required
support from the City.
Action:
Councilmember
Casey
Yes
Motion by Vice Mayor Martinez, seconded by Councilmember
Vierra, approving item 12. Motion carried 5/0/0/0 by the following
roll call vote:
Councilmember
Vierra
Yes
Councilmember
Otero
Yes
Vice Mayor
Martinez
Yes
Mayor Lopez
Yes
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
March 9, 2026
Page 5
COUNCILMEMBER REFERRALS
None
REPORTS
•
Mayor
Mayor Lopez spoke regarding his federal advocacy trip to Washington DC and letters
of support for the VFW project.
•
City Council
Councilmember Vierra spoke regarding Stanislaus Homeless Alliance, school district
meeting, Code Enforcement, chamber of commerce event, annual Easter event, and
boxing event.
Vice Mayor Martinez spoke regarding the upcoming Easter event and Ceres Youth
Baseball’s opening day.
•
City Manager
Nothing to report.
•
City Attorney
Nothing to report.
•
Departments
Engineering Director, Mike Beltran, provided an update on Hatch Road.
Redevelopment & Economic Development Manager, Julian Aguirre, spoke regarding
EMC and the implementation of the housing project.
Acting Deputy Public Works Director, Josh Casas, thanked Public Works staff and Joey
Chavez for their efforts while on family leave.
CLOSED SESSION
None
REPORT FROM CLOSED SESSION
None
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
March 9, 2026
Page 6
ADJOURNMENT
The next scheduled City Council Meeting will be held on March 23, 2026, 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 6:52 p.m.
______________________________
Javier Lopez, Mayor
______________________________
Fallon Martin, City Clerk
Consistent with Council Policy, the minutes referenced above are in Action Format. The
complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda
center.
ITEM 3
CITY COUNCIL
COUNCIL AGENDA REPORT
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE:
March 23, 2026
TO:
Mayor and City Council
FROM:
Douglas D. Dunford, City Manager
CONTACT:
Vanessa Portillo, Director of Finance
[email protected], (209) 538-5764
SUBJECT:
Register of Audited Demand(s) Dated February 25, 2026, through
March 11, 2026
RECOMMENDED COUNCIL ACTION:
City Council approve the register of audited demand(s) dated February 25, 2026, through March
11, 2026, covering obligations to be paid by general warrants in the amount of $2,585,146.77
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 February 25, 2026, through March 11, 2026.
Each demand has been audited and I hereby certify to their accuracy and conformance
with the budget. Sufficient funds are available for payment of these demands.
I declare under penalty of perjury that the register of audited demands has been examined
by me and to the best of my knowledge and belief is a true, correct and complete listing
of claims audited and payable.
II.
REASONS FOR RECOMMENDATION:
The Finance Department monitors payments of invoices for accountability, accuracy, and
completeness. Budgeted payrolls and demands paid by warrants or checks may be
presented to the legislative body for ratification and approval. This allows for invoices to
be paid in a timely manner to establish goodwill with merchants and allows for discounts
to be taken where applicable.
ITEM 4
III.
FISCAL IMPACTS:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY 2025-26
budget. There is a $2,585,146.77 fiscal impact for the period of February 25, 2026,
through March 11, 2026.
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 February 25, 2026, through March 11, 2026
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
02/25/26
AGILE OCCUPATIONAL MEDICINE, PC
02/25/26
AGILE OCCUPATIONAL MEDICINE, PC
02/25/26
02/25/26
02/25/26
02/25/26
02/25/26
02/25/26
PO #
AGILE OCCUPATIONAL MEDICINE, PC
AGILE OCCUPATIONAL MEDICINE, PC
AMAZON CAPITAL SERVICES, INC.
AT&T
AT&T
AT&T
02/25/26
AVENU GRS, LLC
02/25/26
BEAR ELECTRICAL SOLUTIONS, INC
ATTACHMENT A
3/16/2026
1
Invoice Description
Amount
JAN 26 DOT PHYSICAL V.AYALA
125.00
Total:
125.00
OCT 25 PRE EMP PD NON SWORN MEDICAL SCREENS
615.00
Total:
615.00
NOV 25 DOT PHYSICAL S.KEYS
125.00
Total:
125.00
JAN 26 PD MEDICAL PRE-EMPLOYMENT TESTS
477.00
Total:
477.00
SCREEN CLIPS
132.34
OUTDOOR LIGHT BULB
22.49
MOWER BLADES
230.21
Total:
385.04
02/07 - 03/06/25 FIRE ALARM SVC
31.76
Total:
31.76
12/20/2025 - 01/19/2026 CALNET SVCS
369.04
12/07/2025 - 01/06/2026 CALNET SVC
283.02
01/07 - 02/06/2025 CALNET SVC
284.97
01/07/2026 - 02/06/206 CALNET SVCS
156.45
01/12/2026 - 02/11/2026 CALNET SVC
92.46
Total:
1,185.94
FEB 5 - MAR 6 2026 SHORETEL
5,110.00
Total:
5,110.00
CLEARVIEW/STARS 3RD QRT JUL- SEP 2025 DATA
822.32
Total:
22600004
822.32
JAN 2026 TRAFFIC SIGNAL MAINTENANCE & REPAIR SRVCS
2,521.00
TRAFFIC SIGNAL RESPONSE
1,950.00
Total:
4,471.00
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
02/25/26
02/25/26
BLACK WATER CONSULTING ENGINEERS, INC
PARDY BOUNTHAVONG
ATTACHMENT A
3/16/2026
2
PO #
Invoice Description
Amount
22500047
JAN 26 2022 WATER MAIN AND SERVICE REPLACEMENT
383.00
22500145
JAN 2026 URBAN WATER MANAGEMENT PLAN UPDATE
8,602.50
22500145
2025 URBAN WATER MANAGEMENT PLAN UPDATE
217.00
Total:
9,202.50
HEATER FOR FLEET DEPT.
3,791.68
SOUTH HEATER @ FIRE STATION #17
6,560.69
NORTH HEATER @ FIRE STATION # 17
6,560.69
FS #17 ICE MACHINE REPAIR
526.94
Total:
02/25/26
CALIFORNIA LANDSCAPE SUPPLY, INC.
02/25/26
AASIM PROPANE & GAS CORPORATION
17,440.00
5 YARDS OF SAND
313.20
Total:
313.20
PROPANE FOR ADMIN UTILITY HEATING (WRRF)
798.22
Total:
02/25/26
CITY OF TURLOCK
02/25/26
CORELOGIC SOLUTIONS, LLC
02/25/26
02/25/26
02/25/26
CRESCENT SUPPLY
DELTA DENTAL OF CALIFORNIA
DEPT OF JUSTICE ACCOUNTING OFFICE
798.22
JAN26 TURLOCK SEWER USE CHARGES 1/1-1/31/25
103,756.90
Total:
103,756.90
JAN 1 - JAN 31 2026 METRO SCAN OLINE ACCESS
392.92
Total:
392.92
ACADEMY RECRUIT UNIFORM CREDIT - IBARRA
-138.24
ACADEMY RECRUIT UNIFORM - IBARRA
118.64
ACADEMY RECRUIT UNIFORM RETURN - MADSEN
-138.24
ACADEMY RECRUIT UNIFORM - MADSEN
118.64
ACADEMY RECRUIT UNIFORM - MADSEN
370.13
NEW HIRE UNIFORM - MALONEY - CAMPAIGN HAT
231.89
NEW HIRE UNIFORM - MCCLAIN - CAMPAIGN HAT
231.89
Total:
794.71
MARCH 2026 DENTAL PREMS & CREDITS JAN/FEB 2026
3,996.64
Total:
3,996.64
LIVE SCANS - 1/1/26 - 1/31/26
93.00
Total:
93.00
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
02/25/26
02/25/26
PO #
ENVIRONMENTAL INCENTIVES, INC
GEORGE REED, INC.
02/25/26
GREEN RUBBER-KENNEDY AG
02/25/26
HUNT & SONS LLC
ATTACHMENT A
3/16/2026
3
Invoice Description
Amount
UWUO ANNUAL REPORT DELIVERABLES 11/01/25 -01/31/26
6,900.00
Total:
6,900.00
3.17 TONS OF ASPHALT FOR CITY PATCHING
301.46
2.02 TONS OF ASPHALT FOR CITY PATCHING
196.01
Total:
497.47
GREASE HOSE FOR DISK
38.19
Total:
02/25/26
38.19
2/1-15/26 FUEL FOR PD
INSTITUTE FOR ENVIRONMENTAL HEALTH INC.
6,783.93
2/1-15/26 FUEL FOR PW
7,978.50
Total:
14,762.43
WATER QUALITY SAMPLES
167.00
Total:
02/25/26
KAISER FOUNDATION HEALTH PLAN, INC
02/25/26
KLEINFELDER, INC
02/25/26
02/25/26
LLOYD R SMITH VFW POST 10293
MICROBAC LABORATORIES, INC
167.00
MARCH 2026 MEDICAL PREMIUMS
143,948.82
Total:
143,948.82
22600043
JAN 26 RICHLAND AVE RECON GEO ENG SVCS-AGRMNT#5
3,052.20
22600045
JAN 26 CENTRAL AVE RECON GEO ENG SVCS-AGRMNT#4
3,181.07
22600044
JAN 26 N CENTRAL RECON GEO TECH ENG SVCS AGRMNT#3
3,023.36
Total:
9,256.63
DISTRICT 1 -DONATION TO VFW POST 10293
5,000.00
Total:
5,000.00
EFFLUENT MONTHLY ANALYSIS FEB 26
125.75
TURLOCK EXPORT ANALYSIS FEB #2
152.00
TURLOCK EXPORT ANALYSIS #1 FEB 26
152.00
DRINKING WATER QUALITY SAMPLES
732.10
DRINKING WATER QUALITY SAMPLES
1,503.47
DRINKING WATER QUALITY SAMPLES
573.43
DRINKING WATER QUALITY SAMPLES
1,740.26
DRINKING WATER QUALITY SAMPLES
1,740.26
DRINKING WATER QUALITY SAMPLES
320.97
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
ATTACHMENT A
3/16/2026
4
PO #
Invoice Description
Amount
DRINKING WATER QUALITY SAMPLES
738.69
DRINKING WATER QUALITY SAMPLES
97.40
DRINKING WATER QUALITY SAMPLES
386.16
DRINKING WATER QUALITY SAMPLES
481.03
DRINKING WATER QUALITY SAMPLES
1,432.80
DRINKING WATER QUALITY SAMPLES
1,578.56
DRINKING WATER QUALITY SAMPLES
738.69
Total:
02/25/26
02/25/26
02/25/26
DIRK NIEUWENHUIS
JULIAN AGUIRRE
MISSION LINEN SUPPLY
12,493.57
NIEUWENHUIS: LODGING/PER DIEM SLI SESS 3 MAR 25-28
707.80
Total:
707.80
ICSC MONTEREY PERDIEM 3/23-3/25/2026
395.16
Total:
395.16
2/16/26 UNIFORM SERVICE STREETS
98.23
2/16/26 UNIFORM SERVICE WTR/WTR CONSERVATION
72.36
Total:
02/25/26
PACIFIC GAS & ELECTRIC
170.59
01/03/26 - 02/03/2026 PG&E SRVCS 420 SERVICE RD
3,229.24
01/06/2026 - 02/04/2026 PG&E SRVCS 2701 4TH ST
867.67
01/01/2026 - 02/02/2026 PG&E SRVCS 3101 FOWLER RD
1,250.65
01/06/2026 - 02/04/2026 PG&E SRVCS 2928 5TH ST
02/25/26
STANISLAUS COUNTY SHERIFF'S DEPT
02/25/26
SUTTER HEALTH ALLIANCE
02/25/26
ADROIT CAPITAL LLC
02/25/26
AVELINO ESCOBAR, LAURA
12.35
Total:
5,359.91
09/22/25 - 02/06/26 ACADEMY TUITION
16,340.00
Total:
16,340.00
MARCH 2026 MEDICAL PREMIUMS
96,160.00
Total:
96,160.00
UB OVERPAYMENT REFUND 0040
15.47
Total:
15.47
UB OVERPAYMENT REFUND 0080
82.13
Total:
82.13
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
02/25/26
CERRILLO, NATASHA NICHOLE
02/25/26
CHRISTIAN, DAN
02/25/26
DAVID, SAM
02/25/26
02/25/26
02/25/26
ESPIRITU, DORA ISELA
ESQUIVEL, FRANCISCO
GONZALEZ, RICARDO
02/25/26
GUTIERREZ, SALVADO OCHOA
02/25/26
HINDMAN, JOSHUA VINCENT
02/25/26
KHROENG, SOHPY
02/25/26
MAX VAL INC.
02/25/26
MINHAS, AMRIT PAL SINGH
02/25/26
MORA, ADAN
02/25/26
RAMIREZ RIOS, EULALIA
02/25/26
RAMIREZ, MARIA
02/25/26
RICE, JORDAN
ATTACHMENT A
3/16/2026
5
PO #
Invoice Description
Amount
UB OVERPAYMENT REFUND 0160
34.83
Total:
34.83
UB OVERPAYMENT REFUND 0080
105.97
Total:
105.97
UB OVERPAYMENT REFUND 0150
101.39
Total:
101.39
UB OVERPAYMENT REFUND 0141
42.36
Total:
42.36
UB OVERPAYMENT REFUND 0970
20.44
Total:
0.00
UB OVERPAYMENT REFUND 0120
153.84
Total:
153.84
UB OVERPAYMENT REFUND 9735
59.60
Total:
59.60
UB OVERPAYMENT REFUND 0680
26.93
Total:
26.93
UB OVERPAYMENT REFUND 0110
44.35
Total:
44.35
UB OVERPAYMENT REFUND 0090
81.01
Total:
81.01
UB OVERPAYMENT REFUND 0250
23.37
Total:
23.37
UB OVERPAYMENT REFUND 0230
90.78
Total:
90.78
UB OVERPAYMENT REFUND 0120
35.78
Total:
35.78
UB OVERPAYMENT REFUND 0150
158.82
Total:
158.82
UB OVERPAYMENT REFUND 0790
50.87
Total:
50.87
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
02/25/26
RIVERA, JAIME
02/25/26
ROMO, DENISE
02/25/26
SALINAS, JESUS
02/25/26
02/25/26
02/25/26
SANCHEZ, GERARDO
SOLORIO, DANIEL
SOUSA, MANUEL SOARES DE
02/25/26
TRICON SFR 2025-1 BORROWER LLC
02/25/26
VALLEYWIDE PROPERTY MANAGEMENT
02/25/26
ZACHARIAH, ALVIN
02/25/26
WESTERN STATE DESIGN
02/25/26
WHITE BRENNER LLP
ATTACHMENT A
3/16/2026
6
PO #
Invoice Description
Amount
UB OVERPAYMENT REFUND 0060
14.75
Total:
14.75
UB OVERPAYMENT REFUND 0230
8.54
Total:
8.54
UB OVERPAYMENT REFUND 0250
38.81
Total:
38.81
UB OVERPAYMENT REFUND 0340
133.16
Total:
133.16
UB OVERPAYMENT REFUND 0071
171.71
Total:
171.71
UB OVERPAYMENT REFUND 0070
59.58
Total:
59.58
UB OVERPAYMENT REFUND 0210
140.46
Total:
140.46
UB OVERPAYMENT REFUND 0160
127.97
Total:
127.97
UB OVERPAYMENT REFUND 0100
65.82
Total:
65.82
FS #15 EXTRACTOR REPAIR
413.50
Total:
413.50
1/1–1/31/26 GEN MUNI LEGAL SERVICES
9,035.70
1/1–1/31/26 HR LEGAL SERVICES
3,868.86
1/1–1/31/26 CODE ENF LEGAL SERVICES
1,879.64
1/1–1/31/26 COPPER TRAILS LEGAL SERVICES
3,298.24
ITEM 4
Voucher List
City of Ceres
Date
Vendor Name
ATTACHMENT A
3/16/2026
7
PO #
Invoice Description
Amount
1/1–1/31/26 TOW ONE LEGAL SERVICES
3,944.42
1/1–1/31/26 LITIGATION LEGAL SERVICES
283.72
1/1–1/31/26 REAL ESTATE LAND USE LEGAL SERVICES
35.46
1/1–1/31/26 MAVERIK LEGAL SERVICES
02/25/26
03/04/26
03/04/26
WILLEY PRINTING CO., INC.
209 MULTIMEDIA CORPORATION
A & B TRUCK PARTS, INC
6,664.91
1/1–1/31/26 RANUIO LEGAL SERVICES
2,720.96
Total:
31,731.91
#10 WINDOW SECURITY ENVELOPES A/P DEPT
319.71
Total:
319.71
PHN COPPER TRAILS CC#26-002
200.00
Total:
200.00
FUEL FILTERS & FUEL FILTER ELEMENT
334.58
LIGHTING MODULE
829.75
Total:
03/04/26
ADVANCED TECHNOLOGY DISTRIBUTORS, INC
03/04/26
AMAZON CAPITAL SERVICES, INC.
1,164.33
FEB 2026 SCADA SYSTEM MANAGED BACKUPS
276.60
Total:
276.60
MONTHLY PLANNER FOR ADMIN
8.66
REPLACEMENT OFFICE EXTERIOR LIGHT BULB
14.08
BOOKENDS FOR SHELVES
22.59
HOSE CLAMPS/ PIPE PLUG
39.58
PHONE CASE FOR AL BURKETT
21.50
PULL ROPE
21.64
DECAL REMOVER
42.24
SOLDER IRON KIT
42.26
PRINTER PAPER FOR FLEET
23.83
TUBING
31.42
Total:
03/04/26
ANIMAL DAMAGE MANAGEMENT INC
22600058
267.80
FEB 2026 PEST CONTROL FOR CITY BUILDINGS AND PARKS
6,855.00
Total:
6,855.00
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
03/04/26
03/04/26
03/04/26
PO #
AT&T
03/04/26
CARLSON SCALE, INC.
03/04/26
CITY OF MODESTO
Invoice Description
Amount
01/20/2026 - 02/19/2026 CALNET SVC
ATCO MANUFACTURING CO.
AMANDA FENTON
ATTACHMENT A
3/16/2026
8
22600042
31.84
01/20/2026 - 02/19/2026 CALNET SVC
31.84
01/20/2026 - 02/19/2026 CALNET SVC
156.45
01/20/2026 - 02/19/2026 CALNET SVC
122.67
01/20/2026 - 02/19/2026 CALNET SVC
32.89
01/20/2026 - 02/19/2026 CALNET SVC
64.09
01/20/2026 - 02/19/2026 CALNET SVC
41.76
Total:
481.54
TRAFFIC SUPPLY MARKING WAND
668.67
Total:
668.67
2/1-28/2026 GRANT WRITING SERVICES
4,095.14
Total:
4,095.14
WELL #22 MOD BUS SCALE
698.49
Total:
698.49
FEBRUARY 2026 WTR SVCS F/S 2
93.59
Total:
03/04/26
CIVICPLUS, LLC
03/04/26
CNA SURETY
03/04/26
22600091
DFM ASSOCIATES
03/04/26
EIDE BAILLY LLP
14,555.79
Total:
14,555.79
2/26-2/27 OFFICIALS BOND VICE MAYOR & TREASURE
DAIOHS USA INC.
03/04/26
93.59
1/16/26-1/15/27 CIVICREC SOFTWARE ANNUAL RNWL
37.81
2/26-2/27 OFFICIALS BOND VICE MAYOR & TREASURE
81.51
Total:
119.32
OFFICE WATER - WATER DEPT
49.70
OFFICE WATER - PW
54.05
Total:
103.75
2026 ELECTIONS CODE BOOKS
150.15
Total:
22600021
150.15
FEB 2026 ACCOUNTING CONSULTING SERVICES AUDIT
13,074.70
Total:
13,074.70
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
03/04/26
03/04/26
03/04/26
EMTS, INC.
EWING IRRIGATION PRODUCTS INC.
FERGUSON US HOLDINGS, INC
03/04/26
FERGUSON US HOLDINGS, INC
03/04/26
FISHER SCIENTIFIC COMPANY, LLC
03/04/26
PRYOR LEARNING, LLC
03/04/26
STATE CENTER COMMUNITY COLLEGE DISTRICT
03/04/26
GATE-OR-DOOR INC.
03/04/26
GEORGE REED, INC.
03/04/26
HAO VAN LE
ATTACHMENT A
3/16/2026
9
PO #
22600074
Invoice Description
Amount
FEBRUARY MONTHLY MAINTENANCE SERVICES
3,339.00
Total:
3,339.00
ROW IRRIGATION PARKS
148.95
ROW IRRIGATION
265.64
ROW IRRIGATION
444.55
Total:
859.14
CURBSTOP KEYS
384.95
SHUT OFF TOOL
437.29
Total:
822.24
PULLING SOCK-SERVICE LINE REPLACEMENT TOOL
172.74
Total:
172.74
SAMPLE DIPPER
193.92
Total:
193.92
ANNUAL PLUS ACCESS TRAINING
249.00
Total:
249.00
JAN 26 BACKGROUND INVESTIGATION COURSE (2)
232.00
Total:
232.00
RIVERBLUFF GATE
360.00
Total:
360.00
2.09 TONS OF ASPHALT FOR CITY PATCHING
202.43
Total:
202.43
MONTHLY EFFLUENT ANALYSIS FEB 26
140.00
Total:
03/04/26
03/04/26
03/04/26
HERITAGE LANDSCAPE SUPPLY GROUP, INC
VALLEY FARM SUPPLY STORES, INC
INSTITUTE FOR ENVIRONMENTAL HEALTH INC.
140.00
IRRIGATION SPRINKLERS
1,226.54
Total:
1,226.54
6 AIR FILTERS FOR WEED EATER
48.42
Total:
48.42
WELL 22 START UP HPC ANALYSIS
411.50
Total:
411.50
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
03/04/26
03/04/26
PO #
IMPERIAL BAG & PAPER CO. LLC
INDUSTRIAL ELECTRICAL CO.
03/04/26
JJMS ENTERPRISES INC
03/04/26
M&G-4 13 INC.
03/04/26
MARTIN MARIETTA MATERIALS, INC.
03/04/26
ALEJANDRO RODRIGUEZ
03/04/26
ANTONIO LEPE
03/04/26
ENRIQUE AND DORA LEPE
ATTACHMENT A
3/16/2026
10
Invoice Description
Amount
CUSTODIAL SUPPLIES
215.52
Total:
215.52
PORTABLE GENERATOR LEAK REPAIR/DIAGNOSIS
500.00
22600009
ANNUAL GENERATOR PREVENTATIVE MAINTENANCE
1,745.42
22600009
ANNUAL GENERATOR PREVENTATIVE MAINTENANCE
1,745.42
22600009
ANNUAL GENERATOR PREVENTATIVE MAINTENANCE #1
1,438.94
22600009
ANNUAL GENERATOR PREVENTATIVE MAINTENANCE #2
1,438.94
22600009
GENERATOR PREVENTATIVE MAINTENANCE WELL 28
2,532.71
Total:
9,401.43
PARTS FOR TIRE MACHINE
345.72
Total:
345.72
3/6/26 SENIOR KARAOKE & BRUNCH EVENT LUNCH FOOD
714.92
Total:
714.92
2.05 TONS OF ASPHALT FOR CITY PATCHING
176.65
Total:
176.65
REFUND UNION INITIATION FEE DEDUCTED IN ERROR JAN
25.00
Total:
25.00
A. LEPE 4/27-4/30/26 PER-DIEM CRWA EXPO
140.00
Total:
03/04/26
03/04/26
03/04/26
03/04/26
GLORIA ORDAZ-ZARCO
JEFF ARNOLD
JOHNATHAN GOMES
OMAR REBOLLEDO
140.00
REIMBURSEMENT LEPE GPA25-02
4,090.00
Total:
4,090.00
TOILET REBATE #183
75.00
Total:
75.00
J. ARNOLD 4/27-4/30/26 PER-DIEM CRWA EXPO
140.00
Total:
140.00
J. GOMES 4/27-4/30/26 PER-DIEM CRWA EXPO
140.00
Total:
140.00
O. REBELLEDO 4/27-4/30/26 PER-DIEM CRWA EXPO
140.00
Total:
140.00
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
03/04/26
ROSALBA MUNETON LOPEZ
03/04/26
ROSE ALBERTO
03/04/26
MISSION LINEN SUPPLY
ATTACHMENT A
3/16/2026
11
PO #
Invoice Description
Amount
REFUND UNION INITIATION FEE DEDUCTED IN ERROR JAN
25.00
Total:
25.00
WASHING MACHINE REBATE #184
75.00
Total:
75.00
2/16/26 MATS FOR PW ADMIN BUILDING
10.00
2/16/26 UNIFORM SERVICE WASTEWATER
70.16
2/23/26 UNIFORM SERVICE WASTEWATER
88.32
NITRILE GLOVES
129.23
2/23/26 UNIFORM SERVICE STREETS
67.89
1 BOX OF NITRILE GLOVES
129.23
1 BOX OF NITRILE GLOVES
129.23
2/16/26 UNIFORM SERVICE PARKS
160.92
2/23/26 UNIFORM SERVICE PARKS
187.92
2/16/26 UNIFORM SERVICE FLEET
38.73
2/23/26 MATS FOR PW ADMIN BUILDING
10.00
2/23/26 NITRILE GLOVES FLEET
89.51
2/23/26 UNIFORM SERVICE FLEET
31.73
2/16/26 UNIFORM SERVICE FACILITIES
28.30
2/23/26 UNIFORM SERVICE FACILITIES
24.80
2/23/26 UNIFORM SERVICE WTR/WTR CONSERVATION
72.36
Total:
03/04/26
03/04/26
MODESTO BATTERY COMPANY & SUPPLIES, INC.
MODESTO WINDUSTRIAL CO
1,268.33
BATTERIES FOR LOCATOR
17.37
Total:
17.37
BUSHINGS FOR CONDUIT BOXES
32.88
PIPE WRENCH
127.72
Total:
03/04/26
MOTOROLA SOLUTIONS, INC
160.60
RADIO FOR NEW K-9
8,622.98
Total:
8,622.98
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
03/04/26
03/04/26
NORTHSTAR ENGINEERING GROUP, INC.
O'REILLY AUTO PARTS
ATTACHMENT A
3/16/2026
12
PO #
22600024
Invoice Description
Amount
JAN 2026 PLANNING PROJECT MANAGEMENT SERVICES
2,450.00
Total:
2,450.00
LIGHT FOR STOCK
44.18
A/C SEAL KIT FOR UNIT 10-244-13
27.53
A/C CONDENSOR FOR UNIT 10-244-13
141.18
BATTERY
371.80
Total:
03/04/26
PACE SUPPLY CORP
03/04/26
PRICE FORD OF TURLOCK, INC.
584.69
MAG METER AMPLIFIER
1,808.25
Total:
1,772.08
SEATBELT UNIT 10-110-21
124.12
MOLDING FOR UNIT 10-102-23
204.66
FOG LIGHT BRACKET UNIT 10-102
86.53
EXHAUST PIPES FOR UNIT 10-104-21
464.65
TRANS MOUNT FOR UNIT 10-104-21
223.85
Total:
03/04/26
QUADIENT, INC.
03/04/26
RAYCO INDUSTRIAL SUPPLY INC
03/04/26
IRMA GUTIERREZ
1,103.81
03/14/26 - 06/13/26 POSTAGE MTR RNTL & ONLINE MA
173.79
Total:
173.79
FILTER @ FS #15
104.20
Total:
03/04/26
03/04/26
03/04/26
RELIASTAR LIFE INSURANCE COMPANY
SITEONE LANDSCAPE SUPPLY, LLC
JEFF C BURROWS
104.20
GUTIERREZ P9589 1/10/26 RFND CC LRG RM
1,000.00
Total:
1,000.00
FEB 26 ACCIDENT/ILLNESS/HOSPITAL
2,617.40
Total:
2,617.40
IRRIGATION PARKS
2,111.71
APHIDS TREATMENT
471.82
ROW IRRIGATION
1,903.16
Total:
4,486.69
PLC HEADWORKS EMERGENCY DIAGNOSIS & REPAIR
1,000.00
Total:
1,000.00
ITEM 4
Voucher List
City of Ceres
Date
03/04/26
03/04/26
03/04/26
Vendor Name
THE LEW EDWARDS GROUP
03/04/26
THE PAPE GROUP INC
03/04/26
TRUEPOINT SOLUTIONS, LLC.
03/04/26
03/04/26
PO #
STANDARD INSURANCE
STANISLAUS COUNTY
VALLEY TIRE SALES, INC.
VALLEY WIDE COOPERATIVE
ATTACHMENT A
3/16/2026
13
Invoice Description
Amount
MAR 2026 BASIC/VOLUNTARY LIFE INSURANCE PREMS
3,138.05
JAN 2026 BASIC/VOLUNTARY LIFE INS PREMS
3,145.95
FEB 2026 BASIC/VOLUNTARY LIFE INS PREMS
3,153.05
Total:
9,437.05
22600051
STAN COUNTY INSPECTIONS DEC 2025
5,537.40
22600051
STAN COUNTY PLAN CHECK DEC 2025
8,994.00
22600051
STANCOUNTY INSPECTIONS JANUARY 2026
5,122.10
22600051
STANCOUNTY PLAN CHECK JAN 2026
23,962.00
Total:
43,615.50
22600066
12/1-12/31/25 PLANNING, COMMUNICATION & ENGAGEMENT
6,750.00
22600066
1/1-1/31/26 PLANNING, COMMUNICATION & ENGAGEMENT
6,750.00
Total:
13,500.00
FILTERS FOR FLEET
269.92
Total:
269.92
22500084
CONSERO INTACCT 3/31/25 ACCELA SUPPORT
288.75
22500084
ACCELA SUPPORT SEPTEMBER 2025
330.00
22500084
ACCELA SUPPORT MAY 2025
495.00
22500084
ACCELA SUPPORT JUNE 2025
165.00
22500084
ACCELA SUPPORT JUL 2025
577.50
Total:
1,856.25
FOAM FILL
1,278.03
2 TIRES
221.44
Total:
1,499.47
GLUE TRAPS FOR H. WORKS AERATOR BLDG
46.41
(4) MONTEREY WEED WACKER FOR WATER DEPT.
173.36
Total:
03/04/26
VERIZON WIRELESS
219.77
AUG 5 - SEP 4 2025 VERIZON SV
2,499.15
Total:
2,499.15
ITEM 4
Voucher List
City of Ceres
Date
03/04/26
03/04/26
03/04/26
Vendor Name
WESTWOOD PROFESSIONAL SERVICES
WILLDAN FINANCIAL SERVICES
ATTACHMENT A
3/16/2026
14
PO #
Invoice Description
Amount
22600073
1/1-31/26 - CROWS LANDING IRR DESIGN (2520)
2,072.00
22500043
1/1-31/26 - CENTRAL & HACKETT CORRIDOR
9,348.00
Total:
11,420.00
WTR & WW RATE STUDY UPDATE AGRMNT RESO25-017 FY25
1,120.00
Total:
1,120.00
119 PHOTO CELLS FOR STREET LIGHTS
3,231.26
22500117
WILLE ELECTRIC SUPPLY, INC.
100 PHOTO CELLS FOR STREETLIGHTS
977.52
Total:
03/04/26
03/04/26
03/11/26
WILLEY PRINTING CO., INC.
WOOD RODGERS, INC.
1ST SECURITY & SOUND, INC
4,208.78
BUSINESS CARDS FOR JC
71.53
Total:
71.53
COPPER TRAILS MASTER PLAN
1,520.00
Total:
1,520.00
22600002
FIRE AND SECURITY ALARM SERVICES @ COSTA FIELDS
49.95
22600002
FIRE AND SECURITY ALARM SERVICES @PARKS YARD
49.95
22600002
FIRE AND SECURITY ALARM SERVICES @LEGION HALL
49.95
22600002
FIRE AND SECURITY ALARM SERVICES @MUSEUM/WHITMORE
105.00
22600002
FIRE AND SECURITY ALARM SERVICES @WHITMORE MANSION
49.95
22600002
FIRE AND SECURITY ALARM SERVICES @CC (FIRE)
105.00
22600002
FIRE AND SECURITY ALARM SERVICES @ WATER YARD
89.95
22600002
FIRE AND SECURITY ALARM SERVICES @ RIVERBLUFF PARK
149.85
22600002
FIRE AND SECURITY ALARM SERVICES @CITY HALL/ANNEX
154.95
22600002
FIRE AND SECURITY ALARM SERVICES @PW YARD
49.95
22600002
FIRE AND SECURITY ALARM SERVICES @ CC
49.95
22600002
FIRE AND SECURITY ALARM SERVICES @ PW-FIRE
105.00
SERVICE CALL OUT TO PW CORP YARD
150.00
Total:
03/11/26
A & B TRUCK PARTS, INC
1,159.45
FILTERS
200.38
Total:
200.38
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
03/11/26
PO #
ACCORD SYSTEMS, LLC
03/11/26
ADVANCED TECHNOLOGY DISTRIBUTORS, INC
03/11/26
ALPINE PROTECTIVE SOLUTIONS LLC
ATTACHMENT A
3/16/2026
15
Invoice Description
Amount
FEB 26 ACA REPORTING FEE
497.12
Total:
497.12
MAR 2026 SCADA SYSTEM MONTHLY MONITORING
100.00
Total:
03/11/26
03/11/26
AMAZON CAPITAL SERVICES, INC.
AT&T
22600001
100.00
CITY SECURITY SERVICES FOR EIGHT PARKS
4,312.00
Total:
4,312.00
SUBMERSIBLE PUMP FOR DEWATERING
97.47
RUBBER BOOTS
105.15
MIXING CUP, MAGNETIC FLOOR SWEEPER
232.16
WELDING TORCH KIT
40.63
12 VOLT WATER PUMP
200.76
Total:
676.17
01/20/2026 - 02/19/2026 CALNET SVC
501.39
01/20/2026 - 02/16/2026 CALNET SVC
216.11
01/20/2026 - 02/19/2026 ATT T-1 LINE
163.76
01/20/2026 - 02/19/2026 CALNET SVC
152.95
CLETS LINE - 1/13/26 - 2/12/26
296.30
Total:
03/11/26
AT&T MOBILITY
1,330.51
JAN 24 - FEB 23 2026 MODEMS FOR PD/FIRE VEHICLES
88.36
Total:
03/11/26
BACKFLOW APPARATUS & VALVE CO INC
03/11/26
BERTOLOTTI CERES DISPOSAL, INC
03/11/26
BRIAN ALBONETTI
03/11/26
BSK ASSOCIATES
88.36
CITY BACKFLOWS REPLACEMENT PARTS
5,772.42
Total:
5,772.42
FEB 2026 BERTOLOTTI FRANCHISE FEE
589,321.21
Total:
589,321.21
FEB 26 BACKGROUND INVESTIGATIONS
6,003.20
Total:
6,003.20
WATER QUALITY SAMPLES
335.00
Total:
335.00
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
03/11/26
03/11/26
03/11/26
03/11/26
03/11/26
CAR WASH PARTNERS, INC.
CERES BODY SHOP, INC
CHARTER COMMUNICATIONS
03/11/26
CITY OF MODESTO
03/11/26
CONDIT, GARY MATTHEW
03/11/26
PO #
CALIFORNIA LANDSCAPE SUPPLY, INC.
CITY OF MODESTO
ATTACHMENT A
3/16/2026
16
22600030
Invoice Description
Amount
¼ OF CONCRETE FOR 2005 CENTRAL AVE
146.31
½ YARD OF CONCRETE AT CENTRAL AND SERVICE
167.98
Total:
314.29
2/1/ -2/28/25 CAR WASHES FOR PD
189.00
2/1/ -2/28/25 CAR WASHES FOR PW
260.00
Total:
449.00
DOLLY TOW
25.00
Total:
25.00
3/4-4/3/26 INTERNET FOR SCADA WW
380.00
Total:
380.00
MAR 26 CERES FIRE SRVS CONTRACT
669,331.58
Total:
669,331.58
1/01 - 01/31/2026 NORTH CERES SEWER SRVCS
143,460.53
Total:
143,460.53
G. CONDIT MTHLY PC STIPEND 3/1-3/31/2026
CRESCENT SUPPLY
80.00
Total:
80.00
RECRUIT UNIFORM - DIAZ - SHOES
146.98
RECRUIT UNIFORM - MADSEN - SHORTS
40.26
Total:
03/11/26
03/11/26
03/11/26
DAVID LANGLEY INC.
DELTA DENTAL OF CALIFORNIA
DEPT OF JUSTICE ACCOUNTING OFFICE
22600059
187.24
MARCH 26 JANITORIAL SVCS COMM CNTR
5,780.33
Total:
5,780.33
COBRA PREMIUMS DECEMBER 2025
25.56
Total:
25.56
JAN 26 FINGERPRINT APPS
66.00
FEB 26 FINGERPRINT APPS
128.00
Total:
03/11/26
DIESEL LAPTOPS, LLC
194.00
SOFTWARE
1,500.00
Total:
1,500.00
ITEM 4
Voucher List
City of Ceres
Date
03/11/26
Vendor Name
EDEN K9 CONSULTING & TRAINING CORP.
03/11/26
ELEVATOR TECHNOLOGY, INC.
03/11/26
03/11/26
PO #
DORIS DAKIN PEREZ
03/11/26
ATTACHMENT A
3/16/2026
17
Invoice Description
Amount
D. PEREZ MTHLY PC STIPEND 3/1-3/31/2026
BERNARD A LICATA
FERGUSON US HOLDINGS, INC
80.00
Total:
80.00
KATS PLATFORM FOR K9 TRACKING
756.00
Total:
756.00
ELEVATOR SERVICE @ CC 12/1-12/31/25
135.00
Total:
135.00
FEB 26 CONTRACT SERVICES
2,218.75
Total:
2,218.75
COMMUNITY CENTER PLUMBING REPAIR
121.29
SERVICE LINE/ REPLACEMENT / STOCK
304.53
LINE CRIMP TOOL GATE VALVE WRENCH
03/11/26
FORD MOTOR COMPANY
03/11/26
FRANCISCO MIRELES JR
835.78
CURBSTOPS FOR SERVICE TRUCK
1,665.88
Total:
2,927.48
TELEMATICS FOR P.D CARS
144.00
Total:
144.00
F. MIRELES MTHLY PC STIPEND 3/1-3/31/2026
80.00
Total:
03/11/26
FIRE RISK MANAGEMENT SERVICES
03/11/26
GARTON TRACTOR, INC
03/11/26
22600034
GARYS FENCING & WIRE SUPPLY, INC
80.00
APRIL 2026 SPECIAL ASSESSMENT
75,010.83
Total:
75,010.83
AXLE WASHER
107.19
Total:
107.19
STEEL FOR FENCE REPAIRS AT PARKS
29.13
HIGH ROLL GATE FOR FENCE REPAIR AT SMYRNA PARK
987.00
Total:
03/11/26
GEORGE REED, INC.
1,016.13
2.01 TONS OF ASPHALT FOR PATCHING
195.09
1.88 TONS OF ASPHALT FOR CITY PATCHING
183.17
Total:
03/11/26
GOUVEIA ENGINEERING, INC.
22600056
378.26
PRINCIPAL PLANNER SERVICES 11/1-11/30/2025
5,797.75
Total:
5,797.75
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
03/11/26
03/11/26
ATTACHMENT A
3/16/2026
18
PO #
GRAINGER
VALLEY FARM SUPPLY STORES, INC
Invoice Description
Amount
RETURN ON AED AND CPR PADS
-281.42
AED'S AND CPR UNI PADS
281.42
BRUSH/ CLEANING FILTERS
35.00
USA PAINT SUPPLIES
211.99
USA PAINT
354.61
Total:
601.60
1 POLE PRUNER, CHAIN SAW FUSE
835.94
3 WEED EATERS
1,388.33
HITCH FOR TOWING `
03/11/26
HUNT & SONS LLC
03/11/26
HUNT OIL OF CALIFORNIA
03/11/26
INDUSTRIAL ELECTRICAL CO.
122.14
Total:
2,346.41
2/16-28/26 FUEL FOR PW
8,501.21
2/16-28/26 FUEL FOR PD
6,411.18
Total:
14,912.39
PROPANE UNIT 30-230-23
70.61
Total:
03/11/26
03/11/26
INFOSEND, INC.
JAMMU, RULDIP
70.61
GEN. SERVICE CALL OUT REPAIR @ PD
2,173.72
VFD WATER PUMP EQUIPMENT
9,106.19
22600009
GENERATOR PREVENTATIVE MAINTENANCE BLAKER RES TANK
1,951.49
22600009
GENERATOR PREVENTATIVE MAINTENANCE WELL 35
1,677.02
22600009
GENERATOR PREVENTATIVE MAINTENANCE WELL #42
1,794.33
22600009
GENERATOR PREVENTATIVE MAINTENANCE WELL #34
1,700.87
22600009
GENERATOR PREVENTATIVE MAINTENANCE WELL # 41
1,804.57
22600009
GENERATOR PREVENTATIVE MAINTENANCE BLAKER RES
660.00
Total:
20,868.19
JAN 2026 CITIZEN SURVEY BILL INSERT
1,792.72
FEB 2026 COMMUNITY SURVEY INSERT
1,070.98
Total:
2,863.70
RJ JAMMU MTHLY PC STIPEN 3/1-3/31/2026
80.00
Total:
80.00
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
03/11/26
03/11/26
JANA KIRCHERT
JOCELYN E. ROLAND PH.D., ABPP, INC
ATTACHMENT A
3/16/2026
19
PO #
Invoice Description
Amount
2/16-26/26 GET FIT/ZUMBA GOLD CLASSES
208.00
FEB 26 BEGIN LINE DANCING CLASSES
188.30
Total:
396.30
FEB 26 PRE-EMPLOYMENT PSYCH SCREENING
500.00
FEB 26 PRE-EMPLOYMENT PSYCH SCREENING
500.00
Total:
03/11/26
MICROBAC LABORATORIES, INC
1,000.00
TURLOCK EXPORT ANALYSIS #2 FEB 26
131.00
DRINKING WATER QUALITY SAMPLES
738.69
DRINKING WATER QUALITY SAMPLES
639.70
DRINKING WATER QUALITY SAMPLES
738.69
DRINKING WATER QUALITY SAMPLES
515.67
DRINKING WATER QUALITY SAMPLES
386.16
Total:
03/11/26
ANGELICA MARTINEZ
03/11/26
DELILAH VASQUEZ
03/11/26
MICHELE BRUMBAUGH
03/11/26
MISSION LINEN SUPPLY
3,149.91
GAS REIMBURSEMENT - CACEO MODULE II
60.19
Total:
60.19
MAR26 CSJVRMA MEETING D.VASQUEZ
132.24
Total:
132.24
TOILET REBATE #185 (3 TOILETS @ $75 EA)
225.00
Total:
225.00
3/2/26 MATS FOR PW ADMIN BUILDING
10.00
HEAVY DUTY NITRILE GLOVES
129.23
3/2/26 UNIFORM SERVICE WASTEWATER
70.78
3/2/26 UNIFORM SERVICE STREETS
53.85
3/2/26 UNIFORM SERVICE PARKS
61.32
3/2/26 UNIFORM SERVICES FLEET
31.73
ITEM 4
Voucher List
City of Ceres
Date
Vendor Name
ATTACHMENT A
3/16/2026
20
PO #
Invoice Description
Amount
3/2/26 UNIFORM SERIVCE FACILITIES
24.58
3/9/26 UNIFORM SERVICE FACILITIES
29.30
3/2/26 UNIFORM SERVICE WTR/WTR CONSERVATION
72.36
Total:
03/11/26
03/11/26
03/11/26
03/11/26
03/11/26
MODESTO COLOR CENTER
MODESTO POLICE DEPARTMENT TRAINING UNIT
MODESTO WINDUSTRIAL CO
MOTOR PARTS DISTRIBUTORS INC
MUNICIPAL MAINTENANCE EQUIPMENT INC
483.15
PAINT FOR GRAFFITI
1,149.01
Total:
1,149.01
CHRIM: TUITION SFST COURSE 03/23-25/26
125.00
Total:
125.00
PVC AT ROCKEFELLER
348.39
Total:
348.39
VALVE COR,COOLING FAN,BULBS,FILTERS,WIPERS,BRK PAD
3,500.72
Total:
3,500.72
SEWER TRACTOR CAMERA REPAIR
5,873.65
SWEEPER FLAP SET
03/11/26
03/11/26
NORTHSTAR CHEMICAL
NUTRIEN AG SOLUTIONS, INC
670.30
Total:
6,543.95
CL2 AT WELL# 39-40
1,240.76
Total:
1,240.76
HERBICIDE FOR PARKS
608.52
FERTILIZER FOR PARKS
2,176.68
FERTILIZER FOR PARKS
1,510.96
CHEMICALS
185.09
HERBICIDE FOR PARKS
906.15
Total:
5,387.40
ITEM 4
Voucher List
City of Ceres
Date
03/11/26
03/11/26
Vendor Name
O'REILLY AUTO PARTS
ODP BUSINESS SOLUTIONS, LLC
ATTACHMENT A
3/16/2026
21
PO #
Invoice Description
Amount
WELDING HELMET, BATTERIES VEHICLE PROTECTANT
50.89
EQUIPMENT COOLANT
99.66
DEODORIZER
28.16
EVAP VALVE UNIT 10-133-26
33.55
Total:
212.26
UB CREDIT CARD RECEIPT ROLLS
93.28
TONER FOR DISPATCH
402.02
Total:
03/11/26
03/11/26
PACE SUPPLY CORP
PACIFIC GAS & ELECTRIC
03/11/26
PORAC LEGAL DEFENSE FUND
03/11/26
PORAC-PEACE OFFICERS RESEARCH ASSOC
03/11/26
PRICE FORD OF TURLOCK, INC.
495.30
WATER METERS 2"
6,264.81
Total:
6,264.81
02/03/206 - 03/04/2026 PG&E SRVCS 3101 FOWLER RD
464.72
Total:
464.72
LEGAL DEFENSE FUND - RESERVE OFFICERS - APR-JUN 26
96.00
Total:
96.00
DUES FOR RESERVE OFFICERS - APRIL - JUNE 2026
48.00
Total:
48.00
SCREW PINS
84.53
RIVETS/ NUTS
42.27
SHOCK ABSORBERS UNIT 10-156-20
357.64
A/C PARTS UNIT 40-200-19
167.30
A/C COMPRESSOR AND PARTS UNIT 35-233-18
829.22
HOSE FOR FLEET
03/11/26
BARRY R. VALLERAND
03/11/26
RAYMOND R. LOPEZ
18.42
RUBBER FLOOR UNIT 20-25-220
1,123.10
Total:
2,622.48
OUTSIDE CITY TOWING SERVICE CALL
495.00
Total:
495.00
OUTSIDE SERVICE ON VEHICLE 10-228-20
15,597.21
Total:
15,597.21
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
03/11/26
PO #
ROBERT R GOBBLE JR
03/11/26
RYAN HERCO PRODUCTS CORP
03/11/26
SAFE T LITE OF MODESTO INC
ATTACHMENT A
3/16/2026
22
Invoice Description
Amount
R. GOBBLE MTHLY STIPEND 3/1-3/31/2026
80.00
Total:
80.00
CHECK VALVE
338.56
Total:
338.56
10 TRAFFIC SIGNS
1,086.84
GLOVES 14 MIL FOR WATER DEPT.
113.67
USA BLUE (WATER) FLAGS
03/11/26
03/11/26
03/11/26
SHARP ELECTRONICS CORPORATION
SHARP ELECTRONICS CORPORATION
SITEONE LANDSCAPE SUPPLY, LLC
154.15
Total:
1,354.66
SEP 19 - DEC 30 2025 DUPLICATING COST
2,519.28
Total:
2,519.28
03/01 - 03/31/2026 MNTHLY PYMT 8 COPIERS 1 PRINTER
1,219.00
Total:
1,219.00
IRRIGATION FOR PARKS
630.41
TREE POLES AND STAKES
1,711.11
Total:
03/11/26
03/11/26
STANISLAUS ANIMAL SERVICES AGENCY
2,341.52
22600036
ANIMAL CONTROL OPERATIONAL COST JAN - MAR 2026
201,519.75
22600036
ANIMAL CONTROL DEBT SERVICE JAN - MAR 2026
11,011.00
Total:
212,530.75
STANISLAUS CARDIOLOGY
FEB 26 PRE-EMPLOYMENT SCREENING
225.00
FEB 26 PRE-EMPLOYMENT SCREENING
225.00
FEB 26 PRE-EMPLOYMENT SCREENING
225.00
Total:
03/11/26
03/11/26
03/11/26
STANISLAUS COUNTY
STERICYCLE, INC
SUN BADGE COMPANY INC
675.00
22600051
STAN COUNTY PLAN CHECKS FEB2026
5,354.30
22600051
STAN COUNTY INSPECTION FEB2026
4,706.79
Total:
10,061.09
HAZARDOUS WASTE PICKUP
695.27
Total:
695.27
BADGE RENUMBERING
91.20
Total:
91.20
ITEM 4
Voucher List
City of Ceres
Vendor Name
Date
03/11/26
INTERNATIONAL TELE-PATH
03/11/26
THE SHERWIN-WILLIAMS CO. STORE #8149
03/11/26
PO #
T-MOBILE USA, INC
03/11/26
ATTACHMENT A
3/16/2026
23
TOP DOG POLICE K9 TRAINING AND CONSULTING, LLC
Invoice Description
Amount
01/21/2026 - 02/20/2026 T-MOBILE PHONE SRVCS
6,447.47
Total:
6,447.47
PW YARD CAMERA REPAIR
470.00
Total:
470.00
PAINT FOR F/S #18
74.81
PAINT AT F/S #18
68.99
Total:
143.80
K9 TRAINING - FEB 1-28, 2026
750.00
Total:
03/11/26
U.S. BANK VISA
03/11/26
ULINE, INC
03/11/26
US ARMOR CORPORATION
03/11/26
VALLEY TIRE SALES, INC.
750.00
FEB 26 VISAS
30,745.71
Total:
30,745.71
REPLACEMENT FLAMMABLES CABINET
2,812.15
Total:
2,812.15
BULLET PROOF VEST - KHUON
1,790.09
Total:
1,790.09
SWEEPER TIRES FOAM FILL
1,899.88
4 TIRES
581.82
2 TIRES
922.19
2 TRAILERS TIRES
362.16
Total:
03/11/26
VALLEY WIDE COOPERATIVE
03/11/26
VIP AUDIO VISUAL COMPANY INC
03/11/26
WEST COAST ARBORISTS, INC.
3,766.05
GRASS FERTILIZER
30.50
Total:
22600000
30.50
AV UPGRADES TO COUNCIL CHAMBER
11,901.25
Total:
11,901.25
TREE MAINTENANCE AND REMOVAL PROGRAM 2/1-1/15/26
2,375.00
Total:
Vouchers in this report
2,375.00
Total vouchers:
2,585,146.77
ITEM 4
Vendor: US BANK VISA
Check Date: 3/11/2026
Invoice No.: Feb-26
Invoice Descritpion: FEB 26 VISAS
CARD HOLDER
CHARGE DESCRIPTION
JOSEPH CHAVEZ
FALLON MARTIN
12/5/26 CHRISTMAS EVENT DECORATION
CMCA MEMBERSHIP RENEWAL, D.DUNFORD: REFUND LOCC CM CONF REGISTRATION
REQUIRED ANNUAL OSHA POSTERS & OFFICE SUPPLIES, REFRESHMENTS FOR ORAL PANEL, BADGE PRINTER
COLOR RIBBON, LUNCH FOR ORAL PANEL
RIVERBLUFF/ BATTERIES, WW/ SILICONE CAULKING, 1733 DOYAL/ PLYWOOD
SHOP ORGANIZATION BINS, 3 FLASHLIGHTS, LEAK REGISTRY REPORTING CLASS- ELYSE D, EVENT SUPPLIES FOR
COMMUNITY CLEAN UP- TONI CORDELL, EXPO REGISTRATION -OMAR, EXPO REGISTRATION - JOHNATHAN G,
EXPO REGISTRATION - TONI L
OFFICE SUPPLIES, SENIOR EVENT TABLECLOTH CLEANING, COUNTY SENIOR EVENTS, KIDS CRAFT CLASS & OFFICE
SUPPLIES, SENIOR ACTIVITY SUPPLIES, 3/28/26 CITY EASTER EVENT SUPPLIES, SENIOR PROGRAMMING, SENIOR
LOUNGE SUPP
CCJWSA 2026 MEMBERSHIP, ACADEMY RECRUIT SUPPLIES - DUFFLE BAGS, ACADEMY RECRUIT SUPPLIES MOUTHGUARDS, KEYBOARD FOR CODE CONFERENCE ROOM, MAIL BADGES TO SUN BADGE TO BE REFURBISHED,
ANGELICA HERNANDEZ
ABRAHAM OCHOA JR
JOSHUA CASAS
JESSICA PULLIAM
MARCY PEDERSON
JOHNNY CARRILLO
SONIA LEDEZMA
SCOTT KEYS
JONATHAN FREDERICK
TRAVIS HUDSON
ELECTRICAL -PW ADMIN, PADLOCKS-STOCK, FLOOR MATS-PD, COAT HOOK- CITY HALL, DISTILLED WATER FLOOR
SCRUBBER @ LEGION HALL, INK TONER- FACILITIES, DOOR CLOSERS, PLUMBING, OFFICE SUPPLIES, INTERVIEW
PANEL- LUNCHEON, OFFICE SUPPLIES, CAULKING- FS 18, VACUUM CLEANER PARTS
(1) ERGO MOUSE, PRINTING PAPER CITY HALL, LUNCH FOR ACCOUNTANT INTERVIEW PANEL 02/10/26, (2)
WIRELESS MOUSE AND KEYBARD COMBO FOR UB COUNTER, ELECTRIP STAPLER, TAPE DISPENSE, BULLETIEN STRIP
BOARD
FILTERS RETURN, SEAL, FILTERS, SPOTLIGHT
REPLACEMENT SSD FOR PD COMPUTER, MINI PC FOR PORTABLE BACKUP NETWORK CONNECTION, TV
STREAMING DEVICE FOR DIGITAL SIGNAGE AT COMMUNITY CENTER, MINI PC FOR VPN SERVER AT PD, OUTDOOR
GRADE LOCKING TV MOUNT FOR DIGITAL SIGNAGE AT COMM. CENTER, IPHONE OTTERBOX CASE FOR PD,
WILDCARD SSL CERTIFICATE FOR MULTIPLE SERVERS, DOMAIN NAME RENEWALS
STORAGE BINS FOR INVESTIGAITONS, CRIME SCENE TENT FOR INVESTIGAITONS, EVIDENCE PLACARDS FOR
INVESTIGATIONS, CACEO MODULE 2 TRAININS FOR DE LA CRUZ, CACEO MODULE 2 TRAINING FOR MARTINEZ,
POSSEE BOXES AND HAND CARTS FOR INVESTIGATIONS
TOTAL
18.59
(400.00)
585.53
166.49
2,317.61
2,099.41
3,995.07
1,184.45
453.87
835.46
1,640.79
2,042.12
ITEM 4
BOBBY TITUS
JULIAN AGUIRRE
MATTHEW WILLIAMS
CRISTINA AGUILAR
KENNETH E VAUGHN
AL BURKETT
KEITH GRIEBEL
JEFFERY GODFREY
VANESSA PORTILLO
DELILAH VASQUEZ
SAMIR ROYAL
Grand Total
BATTERIES FOR HANDHELDS, ZACH TRIO BOOTS, METER COVERS/WELLS, LEAK REGISTRY REQUIRMENTS, METER
COVERS/WELLS, ELLENS WATER USE EFFICENCY #1, FILTER UBIT/ VALVE/ POWER TOOL BATTERIES
SUPPLIES FOR PLANNING STAMP/PAPER/PPCLICKER
OPERATOR CERTIFICATION, STATE FEE, LUMBER FOR SAMPLER PLATFORM, BINDER & KEYBOARD/ MOUSE
COMBO, NUTS AND SCREWS, TRAINING SEMINAR X4 OPERATORS, DI WATER FOR LAB TESTING, BUCKETS & WALL
PLATE, ROOMS FOR CONFERENCE, FEE FOR ROOM, BATTERIES FOR BARRICADE LIGHTS, OPERATOR
CERTIFICATION RENEWAL, STATE FEE, CWEA ANNUAL CONFERENCE FULL ADMISSION
1/22-2/21/26 ZOOM MEMBERSHIP SUBSCRIPTION, LUNCH FOR REGIONAL CM MONTHLY MEETING, 2/22-3/21/26
ZOOM MEMBERSHIP SUBSCRIPTION
CALANDERS FOR PARKS SHOP, MISC FOR BOOTS COLE BODEY, BOOTS FOR COLE BODEY, IRRIGATION ELECTRIC
COMPONENTS
CABLE TIES, TONERS FOR PRINTING USA'S, STREETS ORAL PANEL INTERVIEW LUNCH, CERTIFICATION RENEWAL
GRADE 1, BREAKER FOR BLUERIDGE LIFT STATION
TUITION: FUTURE LEADERSHIP 3/2-3/26, LODGING: ICI ROBBERY COURSE PETERSEN ATTENDING, STORAGE BINS
FOR ARMORY, AMMO STORAGE AND TOOL CART FOR ARMORY, ROLLING CARTS FOR ARMORY, DISPATCH
HEADSETS, 4) FOREGRIPS FOR RIFLES, LODGING: D. NIEUWENHUIS FOR 1ST MOD OF SLI, TUITION: KASSANDRA
POND CTO ONLINE COURSE
TRAFFIC UNIT GLOVES AND GLASSES, MOTOR BOOTS FOR BRYAN AND KJ, E CITE PAPER FOR TICKET WRITERS,
UNIFORM ALLOWANCE, HOSTED LEX MEETING BREAKFAST
CSMFO CHAPTER MTG 2.12.26, GFOA 2026 CITY MEMBERSHIP RENEWAL, GFOA CONFERENCE REGISTRATION
6/28-7/01 V. PORTILLO
JAN 26 TRAINING HYATT HOTEL, JAN 26 PARKING LOT FEES FOR TRAINING, JAN 26 EMPLOYEE RECOGNITION
AWARDS, JAN 26 EMPLOYEE RECOGNITION GIFTS
FOOD FOR CLEAN UP EVENT (LUNCH), OFFICE FURNITURE/ STORAGE FOR TONI
2,391.06
116.40
2,967.83
212.81
354.92
955.91
3,762.17
1,167.63
1,160.00
1,525.74
1,191.85
30,745.71
ITEM 4
ITEM 4
CITY COUNCIL
COUNCIL AGENDA REPORT
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE:
March 23, 2026
TO:
Mayor and City Council
FROM:
Douglas D. Dunford, City Manager
CONTACT:
Michael R. Beltran II, P.E., Director of Engineering/City Engineer
[email protected], (209) 538-5775
SUBJECT:
Resolution No. 2026-XXX, Approving a Professional Services
Agreement with Goodwin Consulting Group in the Amount of
$55,000 for Consulting Services to Establish Community Facilities
District No. 4 and Authorizing the City Manager to Execute the
Agreement
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council adopt a resolution authorizing the Professional Services
Agreement for consultant services between the City of Ceres and Goodwin Consulting Group,
in the amount of $55,000, to provide professional services necessary to establish Community
Facilities District No. 4 (CFD No. 4) and authorize the City Manager to execute the agreement.
I.
BACKGROUND:
The City currently utilizes Community Facilities Districts to fund and administer municipal
services for defined development areas, including Community Facilities District No. 3.
As the City continues to experience new residential and commercial development, it is
necessary to establish a new services-based Community Facilities District to ensure that
ongoing municipal service costs associated with new growth are appropriately funded.
Community Facilities District No. 4 (CFD No. 4) is proposed to include all new residential
and commercial developments within the City that are not already subject to the existing
services CFD.
CFD No. 4 will be established as a services district, and is intended to fund, at a minimum,
the following municipal services:
•
•
•
Police services
Fire services
Landscaping and landscape maintenance
ITEM 5
•
•
•
Storm drain system maintenance
Storm drain pump station operations and maintenance
Street lighting operations and maintenance
The City proposes to retain Goodwin Consulting Group to assist with the legal, financial,
and procedural steps necessary to form CFD No. 4 in accordance with applicable State
law and City practices.
These services include, but are not limited to:
•
•
•
•
•
II.
Preparation of formation proceedings and documentation
Coordination with City staff and City Attorney
Development of rate and apportionment methodology
Assistance with public noticing, hearings, and formation actions
Coordination through final establishment of the district
REASONS FOR RECOMMENDATION:
Establishing CFD No. 4 is necessary to ensure that new residential and commercial
development contributes proportionately to the ongoing cost of public services that
directly serve those developments.
The creation of citywide services CFD for future development will:
•
•
•
Protect the City’s General Fund from absorbing new growth-related service costs;
Provide a consistent and transparent funding structure for new development; and
Support long-term fiscal sustainability for public safety and infrastructure-related
services.
Goodwin Consulting Group specializes in the formation of community facilities districts
and public financing programs for California municipalities and has extensive experience
assisting cities with the creation of services CFDs.
Approval of this agreement will allow staff to begin the formal process of establishing CFD
No. 4 in a timely manner to support upcoming and future development activity.
III.
FISCAL IMPACTS:
The cost for professional consulting services to establish CFD No. 4 is $55,000.
Sufficient funds are available in the departmental Fiscal Year 2026 Adopted Budget within
the contract services appropriations 10019.029900 to support this agreement. No
additional budget appropriations are required to support this agreement.
This agreement is for consulting services only and does not obligate the City to levy
special taxes until the formation process is completed and approved by the City Council.
IV.
EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
The recommended action supports the following elements of the City’s Strategic Plan:
ITEM 5
1) Infrastructure – Ensure that the community has adequate, well-maintained
infrastructure that supports a strong economy and quality of life.
2) Economic Development – Improve long-term fiscal sustainability by
reducing operating costs of major public facilities.
V.
POLICY ALTERNATIVES:
The City Council can choose to:
1. Approve the request as recommended by staff; or
2. Deny the request, which would delay the City’s ability to implement a long-term
services funding mechanism for new development.; or
3. Continue to a future City Council Meeting.
VI.
INTERDEPARTMENTAL COORDINATION:
The proposed CFD No. 4 and associated consultant services have been coordinated
between the Engineering, Finance, and Community Development Departments.
VII.
PUBLIC PARTICIPATION:
Public participation will occur as part of the formal CFD formation process, including
required public hearings and noticing prior to establishment of CFD No. 4.
VIII.
ENVIRONMENTAL REVIEW:
The proposed action is not a project under the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15378, as it involves organizational and
administrative activities of government that will not result in direct or indirect physical
changes in the environment.
IX.
STEPS FOLLOWING APPROVAL:
Upon approval, the City Manager will execute the Agreement and Staff will initiate formal
proceedings to establish Community Facilities District No. 4.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Agreement
ITEM 5
ITEM 5
ATTACHMENT A
RESOLUTION NO. 2026-XXX
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
GOODWIN CONSULTING GROUP IN THE AMOUNT OF $55,000 FOR
CONSULTING SERVICES TO ESTABLISH COMMUNITY FACILITIES
DISTRICT NO. 4 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres desires to establish a new community facilities
district to fund ongoing municipal services associated with new residential and
commercial development; and
WHEREAS, the proposed Community Facilities District No. 4 (CFD No. 4) will be
a services district and will include, at a minimum, police services, fire services,
landscaping and landscape maintenance, storm drain maintenance, storm drain pump
station operations and maintenance, and street lighting operations and maintenance; and
WHEREAS, the City desires to retain a qualified consulting firm to provide
professional services necessary to form CFD No. 4, including preparation of formation
documentation, development of the rate and method of apportionment, coordination with
City staff and the City Attorney, and assistance with public notice and hearings; and
WHEREAS, Goodwin Consulting Group has demonstrated experience and
expertise in the formation of community facilities districts and public finance consulting
services for California public agencies; and
WHEREAS, staff has negotiated a Professional Services Agreement with Goodwin
Consulting Group in the amount of $55,000 to provide consulting services required to
establish Community Facilities District No. 4; and
WHEREAS, approval of this agreement is an administrative action that does not
obligate the City to levy any special tax and does not constitute final formation of the
district; and
WHEREAS, the proposed action is not a project under the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as it
involves organizational and administrative activities of government that will not result in
direct or indirect physical changes in the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres
hereby approves a Professional Services Agreement with Goodwin Consulting Group in
the amount of $55,000 for consulting services to establish Community Facilities District
No. 4 and authorizes the City Manager to execute the agreement.
ITEM 5
ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof
held on the 23rd day of March 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 5
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and
entered into this ____ day of ___________, 2026 (the “Effective Date”), by and between the City
of Ceres, a California municipal corporation (“City”), and Goodwin Consulting Group, a
California corporation (“Professional”). City and Professional may herein be referred to
individually as a “Party” and collectively as the “Parties.” There are no other parties to this
Agreement.
RECITALS
A.
City seeks to hire an independent contractor to perform a Fiscal Shortfall Analysis,
CFD Formation, and CFD Administration services for the City (the “Project”).
B.
Professional has submitted a proposal to City to provide such professional services.
A description of the services Professional proposes to provide (“Services”) is attached hereto as
Exhibit A: Services. City desires to retain Professional to perform the Services, subject to the
terms and conditions set forth in this Agreement.
C.
The Parties have outlined the rates and method of payment to Professional for its
performance of the Services under this Agreement, which shall be included in the Scope of
Services in Exhibit A.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below, the Parties agree as follows:
AGREEMENT
Section 1.
Recitals. The recitals set forth above (“Recitals”) are true and correct and are
hereby incorporated into and made part of this Agreement by this reference. In the event of any
inconsistency between the Recitals and Sections 1 through 31 of this Agreement, Section 1 through
31 shall prevail.
Section 2.
Term. The term of this Agreement shall be 1 year and will commence on
__________________, 2026, and terminate on __________ ______, 20___ (“Term”) unless the
Term is extended or the Agreement is terminated earlier pursuant to this Agreement.
Section 3.
Extension of Agreement. City may elect to extend this Agreement for one (1)
additional years, on the same terms and conditions, upon issuing an “Election to Extend
Agreement” letter executed by the City Manager to Professional thirty (30) days prior to the
expiration of this Agreement.
Section 4.
Work.
4.1. Services. Subject to the terms and conditions set forth in this Agreement,
Professional shall provide City the Services described in Exhibit A. If any conflicts exist between
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Goodwin Consulting Group
Page 1 of 16
ITEM 5
the terms of this Agreement and Exhibit A, the terms of this Agreement shall control. Any request
for Services not included in Exhibit A will be considered a request for additional or modified
Services (“Modification” or “Modifications”). Professional shall not receive additional
compensation for any Modification of the Services unless the Parties agree otherwise in a writing
executed by both Parties.
4.2.
City Requested Modification of Services. City may, by written order, authorize
Modifications to the Services described in Exhibit A. If such Modifications cause an increase in
the cost or time required for performance of Professional’s Services, the Parties shall enter into a
written amendment to this Agreement to adjust the Services and the rates to be paid to Professional.
The Services shall not be revised unless City and Professional mutually agree to a written
amendment to this Agreement reflecting such revisions, additional compensation, time for
performance, or such other terms or conditions mutually agreed upon by the Parties.
4.3.
Professional Requested Modification in Services. Professional shall not be
compensated for work outside the Services described in this Agreement, unless, prior to the
commencement of the Services:
(a)
Professional provides City with written notice that specific work requested
by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
(i) be supported by substantial evidence that the work is outside the Services; and (ii) set forth the
Professional’s proposed course of action for completing the work and a specific request for City
to approve the Modification to the Services; and
(b)
City agrees that the work requires a Modification;
(c)
The Parties execute a written amendment to this Agreement describing any
Modification. Compensation for any additional Services shall not exceed ______ Dollars
($______) per hour.
Section 5.
Compensation.
5.1.
Amount, Time, and Manner of Payment for Professional Services. City shall
pay Professional according to the rates and timing set forth in Exhibit A. City’s total compensation
to Professional shall not exceed fifty five thousand Dollars ($55,000) (“Maximum Payment”)
unless the Parties mutually agree in writing otherwise. Professional hereby acknowledges that it
accepts the risk that the services to be provided pursuant to the Scope of Services may be more
costly or time consuming than Professional anticipates and that Professional shall not be entitled
to additional compensation unless agreed otherwise by the Parties.
5.2. Subsequent Payments. City shall make monthly payments in the amount invoiced
by Professional within thirty (30) calendar days of receiving such invoice. In the event that an
amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the
dispute and may withhold the amount which is in dispute until the dispute has been resolved.
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5.3.
Invoices. Professional shall provide City with monthly invoices sufficiently
evidencing Professional’s expenses and completion of the Services. All invoices furnished to City
by Professional shall be in a form approved by City. The payments specified shall be the only
payments made to Professional for performance of the Services, including compensation for any
Modification. Professional shall submit all billings for Services to City within forty-five (45) days
of the performance of such Services. City shall issue payment according to City’s customary
procedures and practices for issuing payments to independent contractors.
5.4. Reimbursement. City shall pay Professional for reimbursable expenses specified
in Exhibit A incurred related to Professional’s performance of the Services. Such reimbursable
costs shall be invoiced and billed to City on a monthly basis, provided that in no event shall
reimbursable expenses exceed zero Dollars ($0).
Section 6.
Notice to Proceed. Professional shall not commence the performance of the
Services until it has been given notice by City (“Notice to Proceed”).
Section 7
Time of Performance. Professional will commence performance of the Services
within fourteen (14) calendar days of the date the Notice to Proceed. The time of performance is
a material term of this Agreement relied on by City in entering into this Agreement.
Section 8.
Professional’s Resources. Professional shall, at its sole cost and expense, furnish
all facilities, equipment, materials, information, personnel, and administrative assistance which
may be required to perform its obligations under this Agreement, with the exception of items of
City assistance specified in Exhibit A.
Duties of City. In order to permit Professional to render the services required
Section 9.
hereunder, City shall, at its expense and in a timely manner: (a) Provide such information as
Professional may reasonably require to undertake or perform the Services; (b) Promptly review
any and all documents and materials submitted to City by Professional in order to avoid
unreasonable delays in Professional’s performance of the Services; and (c) Promptly notify
Professional of any fault or defect in the performance of Professional’s services hereunder.
Section 10. Time and Personnel Devoted to Services. Professional shall devote such time and
personnel to the performance of this Agreement, as is necessary to perform the Services in
compliance with this Agreement.
Section 11. Performance by Qualified Personnel; No Subcontracting. Services under this
Agreement shall be performed only by competent personnel under the supervision and direct
employment of Professional. Professional will conform with City’s reasonable requests regarding
assignment of personnel, but all personnel, including those assigned at City’s request, shall be
supervised by Professional. Professional is prohibited from subcontracting this Agreement or any
part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall,
on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An
agreement made in violation of this provision shall confer no rights on any Party and shall be null
and void.
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Section 12. Representations of Professional. City relies upon the following representations
by Professional in entering into this Agreement:
12.1. Qualifications. Professional represents that it is qualified to perform the Services
provided in Exhibit A and that it possesses the necessary licenses and permits required to perform
the Services or will obtain such licenses or permits prior to the time such licenses or permits are
required. Professional shall also ensure that all subcontractors are similarly licensed and qualified.
Professional represents and warrants to City that Professional shall, at Professional's sole cost and
expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses,
permits, and approvals which are legally required for Professional to practice Professional's
profession at the time the Services are rendered.
12.2. Professional Performance. Professional represents that all Services under this
Agreement shall be performed in a manner consistent with the professional skill and care ordinarily
provided by consultants practicing in the same or similar locality under the same or similar
circumstances. Professional shall perform its services as expeditiously as is consistent with such
professional skill and care and as necessary for the orderly progress of the Project. Professional
agrees that, if a Service is not so performed, in addition to all of its obligations under this
Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no
additional expense to City.
12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt
thereof by Professional, or any inspection, review, approval or oral statement by any representative
of City, or state certification shall not, in any way, waive, limit, or replace any certification or
approval procedures normally required or lessen the liability of Professional to re-perform or
replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory
character of such Service may not have been apparent or detected at the time of such payment,
inspection, review or approval.
12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver
or limitation of any right or remedy, whether in equity or at law, which City or Professional may
have under this Agreement or any applicable law. All rights and remedies of City, whether under
this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest. Professional represents that no conflict of interest will be
created under state or federal law by entering into or in carrying out this Agreement.
Section 13. Conformity with Law and Safety. Professional shall observe and comply with all
applicable laws, ordinances, codes, regulations, and permits of governmental agencies, including
federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope
of Services, including all provisions of the Occupational Safety and Health Act of 1979 as
amended, all California Occupational Safety and Health Regulations, the California Building
Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other
applicable federal, state, municipal and local safety regulations, appropriate trade association
safety standards, and appropriate equipment manufacturer instructions. All Services performed by
Professional must be in accordance with these laws, ordinances, codes, and regulations, including
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Goodwin Consulting Group
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the administrative policies and guidelines of City pertaining to the work. Professional’s failure to
comply with any laws, ordinances, codes, or regulations applicable to the performance of the
Services hereunder shall constitute a breach of contract. In cases where standards conflict, the
standard providing the highest degree of protection shall prevail.
If a death, serious personal injury, or substantial property damage occurs in connection
with the performance of this Agreement, Professional shall immediately notify City Manager by
telephone. If any accident occurs in connection with this Agreement, Professional shall promptly
submit a written report to City, in such form as City may require. This report shall include the
following information: (a) Name and address of the injured or deceased person(s); (b) Name and
address of Professional's subcontractor, if any; (c) Name and address of Professional's liability
insurance carrier; and (d) A detailed description of the accident, including whether any of City's
equipment, tools or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the
performance of this Agreement, Professional shall immediately notify City Manager.
Section 14. Confidentiality. Professional understands and agrees that, in the performance of
Services under this Agreement or in the contemplation thereof, Professional may have access to
private or confidential information that may be owned or controlled by City and that such
information may contain proprietary or confidential details, the disclosure of which to third parties
may be damaging to City (“Confidential Information”).
Professional shall not, either during or after the Term, disclose to any third party any
Confidential Information without the prior written consent of City. If City gives Professional
written authorization to make any such disclosure, Professional shall do so only within the limits
and to the extent of that authorization. Professional may be directed or advised by the City’s
General Counsel on various matters relating to the performance of the Services on the Project or
on other matters pertaining to the Project and, in such event, Professional agrees that it will treat
all communications between itself, its employees and its subcontractors as being communications
which are within the attorney-client privilege.
Notwithstanding the foregoing, Professional may disclose Confidential Information
required to be disclosed under law, provided that, prior to disclosure, Professional shall first give
notice to City and make a reasonable effort to obtain a protective order requiring that City’s
Confidential Information not be disclosed. This exception is limited to the extent disclosure is
required under law.
Section 15. Ownership of Work Product. Any and all work, artwork, copy, posters,
billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs,
specifications, drawings, diagrams, surveys, source codes, professional or technical information
or data, photographs, notes, letters, emails or any original works of authorship created by
Professional or its subcontractors or subcontractors in connection with Services performed under
this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States
Code, and all copyrights in such works are the property of City. In the event it is ever determined
that any Product created by Professional or its subcontractors, or subcontractors under this
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Goodwin Consulting Group
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Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to
such Products to City. With the prior written approval of City’s point of contact for the Project,
Professional may retain and use copies of such Products for reference and as documentation of its
experience and capabilities.
All Products shall become the property of City irrespective of where located or stored, and
Professional agrees to deliver all such documents and information to City, without charge and in
whatever form it exists, on the completion of the Professional's Services hereunder. Professional
shall have no ownership interest in such Products.
All work product of Professional under this Agreement, including written information which
City will cause to be distributed for either internal or public circulation, including both preliminary
and final drafts, shall be delivered to City in both printed and electronic form, or as may be
specified in Exhibit A.
Upon the conclusion of the Term or in the event of Termination of this Agreement,
Professional agrees, at its expense and in a timely manner, to return to City all documents,
drawings, photographs and other written or graphic material, however produced, that it received
from City, its contractors, or agents, in connection with the performance of its Services under this
Agreement. All materials shall be returned in the same condition as received.
Section 16. Assignment Prohibited. No Party to this Agreement may assign any right or
obligation pursuant to this Agreement. Any attempt or purported assignment of any right or
obligation pursuant to this Agreement shall be void and of no effect.
Section 17. Excusable Delays; Notice to Other Party of Delay. Professional shall not be in
breach of this Agreement in the event that performance of Services is temporarily interrupted or
discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil
disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides,
fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond
the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial
inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from
other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of
any public utility where such failure is due solely to the acts or omissions of the Professional.
Section 18. Suspension of Services by City. City reserves the right to suspend Professional's
Services under this Agreement when City determines that it is necessary to do so. When possible,
City shall give Professional notice of such suspension and Professional shall, upon receipt of said
notice, suspend all Services except any Services, the completion of which is authorized by the
notice given by City. If the Services are suspended by City for more than sixty (60) consecutive
days, for reasons other than the fault of the Professional, the Professional shall be compensated for
Services performed prior to notice of such suspension. When the Project is resumed, the
Professional's compensation shall be equitably adjusted by City to provide for expenses incurred
by the interruption of the Services. In this regard, Professional shall furnish to City such financial
information that, in the judgment of the City Manager, is necessary to determine the reasonable
value of the Services rendered by Professional during the period when Services were suspended.
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Section 19. Termination of Work by City for Its Convenience. City shall have the right to
terminate this Agreement at any time for its convenience by giving notice of such termination to
Professional (“Termination”). In the event City shall give such notice of termination, Professional
shall cease rendering Services upon receipt of said notice given as required in this Agreement. If
City terminates this Agreement:
(a)
Agreement.
Professional shall deliver copies of all Products prepared by it pursuant to this
(b)
If City terminates this Agreement for convenience before City issues the Notice to
Proceed to Professional or before Professional commences any Services hereunder, whichever last
occurs, City shall not be obligated to make any payment to Professional. If City terminates this
Agreement after City has issued the Notice to Proceed to Professional and after Professional has
commenced performance under this Agreement, City shall pay Professional the reasonable value
of the Services rendered by Professional pursuant to this Agreement prior to termination of this
Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits
had Professional completed the Services. Professional shall furnish to City such financial
information that, in the judgment of the City Manager, is necessary to determine the reasonable
value of the Services rendered by Professional prior to termination.
(c)
Except as provided in this Agreement, in no event shall City be liable for costs
incurred by or on behalf of Professional after the date of the notice of termination.
(d) Notwithstanding this Section, this Agreement may be terminated by City for cause
based on the loss or suspension of any licenses, permits or registrations required for the continued
provision of the Services, or Professional’s malfeasance. Termination of the Agreement for cause
as set forth in this Section shall relieve City from compensating Professional.
Section 20. Assurance of Performance. If, at any time, City believes Professional may not be
adequately performing its obligations under this Agreement or may fail to complete the Services
as required by this Agreement, City may submit a written request to Professional for written
assurances of performance and a plan to correct observed deficiencies in Professional's
performance. Failure to provide written assurances subsequent to such written request, constitutes
grounds to declare a breach under this Agreement.
Section 21. Cancellation for Breach by Either Party. Should either Party fail to substantially
perform its obligations in accordance with the provisions of this Agreement, the other Party shall
thereupon have the right to cancel the Agreement by giving written notice and specifying the
effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently
determined that Professional did not fail to substantially perform its obligations in accordance with
this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination
for convenience.
Neither Party waives the right to recover damages against the other for breach of this
Agreement, including any amount necessary to compensate City for all detriment proximately
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Goodwin Consulting Group
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ITEM 5
caused by Professional's failure to perform its obligations hereunder or which in the ordinary
course of things would be likely to result therefrom. City reserves the right to offset such damages
against any payments owed to Professional.
City shall not in any manner be liable for Professional's actual or projected lost profits had
Professional completed the Services required by this Agreement.
Section 22. Arbitration of Disputes. All claims, disputes and other matters in question
between City and Professional arising out of, or relating to this Agreement or the breach thereof,
including claims of Professional for extra compensation for Services related to the Project, shall
be decided by arbitration before a single arbitrator in accordance with the provisions of Sections
1281 to 1284.2 of the California Code of Civil Procedure (the “Arbitration Laws”) unless the
Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply
to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall
have authority to decide all issues between the Parties including, but not limited to, claims for
extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving
defects in the work product of the Professional, rights to payment, and whether the necessary
procedures for arbitration have been followed. The award rendered by the arbitrator shall be final,
and judgment may be entered upon it in accordance with applicable law in any court having
jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The
demand for arbitration shall be made within a reasonable time after the claim, dispute or other
matter in question has arisen, and in no event shall it be made after the date when institution of
legal or equitable proceedings based on such claim, dispute or other matter in question would be
barred by the applicable statute of limitations.
The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date
of giving the notice of the demand for arbitration. If the Parties are unable to jointly agree upon
the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in
writing to extend said period for a fixed period, then either Party may seek to have the arbitrator
appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such
right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder,
the following shall apply:
(a)
Promptly upon the filing of the arbitration each Party shall be required to
set forth in writing and to serve upon each other Party a detailed statement of its contentions of
fact and law.
(b)
All parties to the arbitration shall be entitled to the discovery procedures as
provided in Section 1283.05 of the California Code of Civil Procedure.
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(c)
The arbitration shall be commenced and conducted as expeditiously as
possible consistent with affording reasonable discovery as provided herein.
(d)
These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but
each Party shall bear its own attorney's fees associated with the dispute with the other Party and to
the arbitration.
Section 23. Insurance Coverage. During the Term, the Professional shall maintain in full force
and effect policies of insurance set forth herein, which shall be placed with insurers with a current
A M Best’s rating of no less than A VII and will provide City with written proof of said insurance.
Professional shall maintain coverage as follows:
23.1. General Liability. Professional shall carry general liability insurance in the
amount of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury,
and property damage. If commercial general liability insurance or another form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this Project or
the general aggregate shall be Two Million Dollars ($2,000,000.00).
23.2. Workers’ Compensation Insurance and Employer's Liability. Professional
shall carry workers’ compensation insurance as required by the State of California under the Labor
Code. Professional shall also carry employer’s liability insurance in the amount of One Million
Dollars ($1,000,000.00) per accident, with a One Million Dollar ($1,000,000.00) policy limit for
bodily injury by disease, and a One Million Dollar ($1,000,000.00) limit for each employee’s
bodily injury by disease.
23.3. Errors and Omissions Liability. Professional shall carry errors and omissions
liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or
greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions
must be declared to and approved by City. At the option of the City, either the insurer shall reduce
or eliminate such deductibles or self-insured retentions with respect to the City, elected and
appointed councils, commissions, directors, officers, employees, agents, and representatives
(“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claims administration and defense
expenses.
23.4. Commercial Automobile Liability. Professional shall carry commercial
automobile liability insurance in the amount of One Million Dollars ($1,000,000) or greater per
occurrence for owned, leased, hired, and borrowed automobiles.
23.5. Waiver of Subrogation. With the exception of errors and omissions liability
insurance, Professional hereby agrees to waive subrogation which any insurer of Professional may
acquire from Professional by virtue of the payment of any loss. The commercial general liability
policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in
favor of City for all work performed by Professional, its agents, employees, independent
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Goodwin Consulting Group
Page 9 of 16
ITEM 5
contractors, and subcontractors. Professional agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation.
Section 24. Additional Insurance Requirements. Within five (5) days of the commencement
of the Term, Professional shall provide City with certificates of insurance for all of the policies
required under this Agreement (“Certificates”), excluding the required workers’ compensation
insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional
shall be responsible for providing updated copies and notifying City if a policy is cancelled,
suspended, reduced, or voided. With the exception of the workers’ compensation and errors and
omissions liability insurance, all of the insurance policies required in this Agreement shall:
(a) Provide that the policy will not be cancelled, allowed to expire, or materially reduced
in coverage without at least thirty (30) days’ prior written notice to City of such cancellation,
expiration, or reduction and each policy shall be endorsed to state such;
(b) Name City, and City’s Agents as additional insureds with respect to liability arising out
of Services, work, or operations performed by or on behalf of Professional;
(c) Cover products and completed operations of Professional, premises owned, occupied,
or used by the Professional, or automobiles owned, leased, or hired or borrowed by the
Professional; contain no special limitations on the scope of protection afforded to City;
(d) Be primary with respect to any insurance or self-insurance programs covering City or
City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in
excess of Professional’s insurance and shall not contribute to it;
(e) Contain standard separation of insured provisions; and
(f) State that any failure to comply with reporting or other provisions of the policy including
breaches of warranties shall not affect the coverage provided to City.
Section 25. Indemnification by Professional. To the fullest extent permitted by law
(including, without limitation, California Civil Code sections 2782 and 2782.8), Professional shall
defend with legal counsel reasonably acceptable to City, indemnify and hold harmless the City and
City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without
limitation, injury to or death of an employee of Professional or its subcontractors), expense and
liability of every kind, nature and description that arise out of, pertain to or relate to acts or
omissions of Professional, or any direct or indirect subcontractor, employee, contractor,
representative or agent of Professional, or anyone that Professional controls (collectively
“Liabilities”). Such obligations to defend, hold harmless and indemnify City and City’s Agents
shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active
negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities.
With respect to third-party claims against the Professional, the Professional waives any and all
rights of any type of express or implied indemnity against City and City’s Agents.
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Section 26. Liability of City. Notwithstanding any other provision of this Agreement, in no
event shall City be liable, regardless of whether any claim is based on contract or tort, for any
special, consequential, indirect, or incidental damages, including, but not limited to, lost profits or
revenue, arising out of or in connection with this Agreement or the Services performed in
connection with this Agreement.
Section 27. Independent Contractor. At all times during the Term, Professional shall be
deemed to be an independent contractor and shall be wholly responsible for the manner in which
Professional performs the Services required under this Agreement. Professional shall be liable for
its acts and omissions and those of its employees, contractors, subcontractors, representatives,
volunteers, and its agents. Nothing contained herein shall be construed as creating an employment,
agency, or partnership relationship between City and Professional. City shall have the right to
control Professional only insofar as the result of Professional’s Services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Professional
accomplishes Services rendered pursuant to this Agreement.
Section 28. Professional Not Agent. Except as City may specify in writing, Professional shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind
City to any obligation whatsoever.
Section 29. Payment of Taxes and Other Expenses. Payment of any taxes, including
California sales and use taxes, levied upon this Agreement, the transaction, or the Services or
goods delivered pursuant hereto, shall be the obligation of Professional.
Section 30. Notices. Any notice or communication required hereunder between City and
Professional must be in writing, and may be given either personally, by registered or certified mail
(return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight
delivery. If personally delivered, a notice shall be deemed to have been given when delivered to
the Party to whom it is addressed. Notices given by registered or certified mail shall be deemed to
have been given and received on the first to occur of (a) actual receipt by any of the addressees
designated below as the party to whom notices are to be sent, (b) on the date delivered as shown
on a receipt issued by the courier, or (c) five (5) days after a registered or certified letter containing
such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If
given by Federal Express or similar courier, a notice or communication shall be deemed to have
been given and received on the date delivered as shown on a receipt issued by the courier. Any
Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto,
designate any other address in substitution of the address to which such notice or communication
shall be given. Such notices or communications shall be given to the Parties at the addresses in
this paragraph set forth below:
If to City:
City of Ceres
Attn: City Manager
2220 Magnolia Street
Ceres, California 95307
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Goodwin Consulting Group
Page 11 of 16
ITEM 5
With courtesy copies to:
White Brenner LLP
Attn: Nubia I. Goldstein
1608 T Street
Sacramento, CA 95811
If to Professional:
Goodwin Consulting Group
655 University Ave., Ste 200
Sacramento, CA 95825
Attn: Cindy Yan, Senior Principal
Section 31.
General Provisions.
A.
Modification. No alteration, modification, or termination of this
Agreement shall be valid unless made in writing and executed by all Parties.
B.
Waiver. No covenant, term, or condition or the breach thereof shall be
deemed waived, except by written consent of the Party against whom the waiver is claimed, and
any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver
of any preceding or succeeding breach of the same or any other covenant, term, or condition.
C.
Assignment. No Party shall assign, transfer, or otherwise dispose of this
Agreement in whole or in part to any individual, firm, or corporation without the prior written
consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding
upon, and inure to the benefit of, the respective successors and assigns of the Parties.
D.
Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of California.
E.
Venue. Venue for all legal proceedings shall be in the Superior Court of
California for the County of Stanislaus.
F.
Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall constitute an original and all of which shall be deemed a single
agreement.
G.
Severability. If this Agreement in its entirety is determined by a court to be
invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry
of judgment. If any provision of this Agreement shall be determined by a court to be invalid and
unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable
according to the terms of any federal or state statute, which becomes effective after the execution
of this Agreement by any Party, the remaining provisions shall continue in full force and effect
and shall be construed to give effect to the intent of this Agreement.
H.
Audit. City shall have access at all reasonable times to all reports, contract
records, contract documents, contract files, and personnel necessary to audit and verify
Professional’s charges to City under this Agreement.
PROFESSIONAL SERVICES AGREEMENT
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I.
Entire Agreement. This Agreement sets forth the entire understanding
between the Parties as to the subject matter of this Agreement and merges all prior discussions,
negotiations, proposal letters or other promises, whether oral or in writing.
J.
Supersedes Prior Agreement. It is the intention of the Parties hereto that
this Agreement shall supersede any prior agreements, discussions, commitments, or
representations, whether written, electronic or oral, between the Parties with respect to the subject
matter of this Agreement.
K.
Headings Not Controlling. Headings used in this Agreement are for
reference purposes only and shall not be considered in construing this Agreement.
L.
Successors and Assigns. All representations, covenants, and warranties
specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the
Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and
assigns.
M.
Interpretation. As used herein, any gender includes each other gender, the
singular includes the plural and vice versa.
N.
Mandatory and Permissive. “Shall” and “will” and “agrees” are
mandatory. “May” and “can” are permissive.
O.
Attorney’s Fees and Costs. If any action at law or in equity, including
action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the
prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the
court in the same action or in a separate action brought for that purpose, in addition to any other
relief to which such Party may be entitled.
P.
Time is of the Essence. Time is of the essence in this Agreement for each
covenant and term of a condition herein.
Q.
Authority. All Parties to this Agreement warrant and represent that they
have the power and authority to enter into this Agreement and the names, titles, and capacities
herein stated on behalf of any entities, persons, states, or firms represented or purported to be
represented by such entities, persons, states or firms and that all former requirements necessary or
required by the state or federal law in order to enter into the Agreement have been fully complied
with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms
or conditions of any other contract or agreement to which such Party is obligated, which such
breach would have a material effect hereon.
R.
Drafting and Ambiguities. Each Party acknowledges that it has reviewed
this Agreement with its own legal counsel, and based upon the advice of that counsel, freely
entered into this Agreement. Each Party has participated fully in the review and revision of this
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Goodwin Consulting Group
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Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party
does not apply in interpreting this Agreement.
[Signatures on Following Page]
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Goodwin Consulting Group
Page 14 of 16
ITEM 5
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last day and date
below written.
CITY:
PROFESSIONAL:
CITY OF CERES, a California municipal
corporation
Goodwin Consulting Group, a California
corporation
By:
By:
Douglas D. Dunford, City Manager
Name:
Date:
Date:
Approved as to Form:
Nubia I. Goldstein, City Attorney
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Goodwin Consulting Group
Page 15 of 16
ITEM 5
EXHIBIT A
Services
ITEM 5
EXHIBIT A
CITY OF CERES
FISCAL IMPACT ANALYSIS AND
COMMUNITY FACILITIES DISTRICT
FOR GENERAL CITY SERVICES AND PROJECT-SPECIFIC MAINTENANCE NEEDS
SCOPE OF WORK
Goodwin Consulting Group (GCG) will assist the City of Ceres (City) in evaluating the annual
fiscal impacts associated with providing municipal services and project-specific maintenance
services to new development within the Copper Trails Specific Plan, Whitmore Ranch Specific
Plan, and West Landing Specific Plan. This analysis will be a comprehensive evaluation of the
City’s revenues and expenses associated with future development that the City will be required to
serve.
Based on the results of the fiscal analysis, and as requested by the City, GCG will serve as special
tax consultant to assist the City in the formation of a Mello-Roos Community Facilities District
(CFD) that will fund public services that support future residential and non-residential
development. The CFD will include both an initial CFD boundary and a future annexation area to
facilitate annexation of future development projects into the CFD. After the CFD is formed, GCG
will manage the annual administration of the CFD, including preparing the annual special tax levy
and monitoring delinquencies within the CFD. Specifically, GCG will provide the following tasks
pursuant to this Scope of Work:
A.
FISCAL SHORTFALL ANALYSIS
Task A-1.
Background Research and Data Collection
GCG will coordinate with City staff regarding components of the fiscal analysis and sources of
data and information that will be needed for the study. Information needed for the fiscal analysis
includes, but will not be limited to, the following:
a.
Land uses to be analyzed. Generally, citywide fiscal analyses consider five major
land use categories—single family residential, multi-family residential, retail,
office, and industrial. GCG will discuss with the City whether any other uses
should be included in the analysis.
b.
Market values. For each land use category that will be analyzed, GCG will work
with city staff to estimate average market values to be used in the projection of
project revenues.
c.
Budget to be used as basis of analysis. GCG and the City will discuss how to best
reflect preferred service levels.
d.
Other demographic assumptions. In addition to the items set forth above, GCG
will coordinate with City staff regarding other demographic assumptions that will
be factored into the fiscal analysis, including household income levels, average
Fiscal and CFD
A-1
Scope ofITEM
Work5
population per household, square feet per employee, sales tax per square foot, and
other factors.
e.
Task A-2.
Project-Specific Maintenance Needs and Associated Costs. For each specific
plan area, GCG will rely on City staff to provide annual recurring maintenance
costs associated with providing project-specific maintenance services (e.g., storm
drainage maintenance, street lighting, landscape maintenance, etc.) to future
development. These costs will be added to any potential general citywide services
shortfall to arrive at the required mitigation amount .
Budget Review
Based on the discussion from Task A-1, GCG will review the City’s current budget to develop
case study and per-capita multiplier assumptions for applicable fiscal revenues. This analysis will
ensure that: (i) property tax projections account for the ERAF shift, (ii) basic sales taxes and Prop
172 sales taxes are taken into account, and (iii) the VLF for property tax swap is incorporated into
the analysis. In addition, GCG will work with staff to identify the tax rate areas that cover proposed
new development projects and growth areas to get a breakdown of the general levy tax allocation
factors from the Stanislaus County Auditor/Controller. For the Copper Trails Specific Plan area,
GCG will coordinate with staff regarding possible property tax sharing assumptions between the
City and Stanislaus County (County).
Standard fiscal methodologies will be applied but will be customized where appropriate to fit
unique circumstances related to Ceres. Many of the operating revenues and expenses will be
examined and projected on a persons-served multiplier basis, but others will be analyzed utilizing
a detailed “case study” approach. Note that water and sewer enterprise funds, and other nonGeneral Fund accounts that are self-supported through user charges, will not be evaluated.
Task A-3.
Fiscal Impact Model
GCG will create a dynamic fiscal model to estimate the average annual fiscal impacts of projected
new development in the City. The model can also be used to provide sensitivity analysis of
changes in value, population per household, density, or other factors that may affect the fiscal
impacts.
Task A-4.
Mitigation of Projected Deficits (if applicable)
To the extent negative fiscal impacts are forecasted, GCG will estimate the impacts by land use to
identify the annual CFD special tax or other funding amount that would be needed to relieve
anticipated deficits and achieve revenue neutrality.
Task A-5.
Technical Memorandum
GCG will summarize the analysis and findings in a brief technical memorandum. Technical
analyses will be presented in easy-to-read charts and tables, which will be attached to, and
referenced in, the memorandum. GCG will review one draft of the memorandum with City staff
and make appropriate revisions prior to finalizing the memorandum.
Fiscal and CFD
A-2
Scope ofITEM
Work5
Task A-6.
Meeting Attendance
GCG will attend up to two in-person meetings to collect data, formulate assumptions, and review
draft findings, which may include working group meetings and/or City Council meetings. Virtual
meetings are not included in this limitation.
B.
CFD FORMATION
Task B-1.
Background Research and Data Collection
GCG will coordinate with City staff, affected developers, and the City’s legal counsel to discuss
the structure and components of the CFD, including special tax categories, maximum special tax
rates, development triggers for levy of the special tax, boundaries of the CFD and future annexation
area, the use of tax zones, and the CFD formation timeline and action items. GCG will review
service costs and coordinate with the City regarding annual administration costs to determine the
maximum special tax rates for property in the CFD.
Task B-2.
Rate and Method of Apportionment of Special Tax
Based on the special tax structure selected by the working group, GCG will prepare the Rate and
Method of Apportionment of Special Tax (RMA), which will serve as the official special tax
formula for the CFD. The RMA will provide detail and direction as to how the special tax should
be levied in future years to ensure adequate revenues are available for timely payment of costs
funded by the CFD. The RMA will be included as an exhibit to the Resolution of Intention to
Form the CFD, which will be adopted by the City Council as part of the first set of actions taken
towards forming the CFD.
Task B-3.
Preparation of CFD Boundary Map
GCG will prepare the official boundary map for the CFD in a format acceptable to the County
Recorder’s Office. The map will identify the initial CFD boundaries, as well as the boundaries of
the future annexation area. GCG will record the CFD boundary map pursuant to Section 3111 of
the Streets and Highways Code.
Task B-4.
Review of Legal Documents
GCG will coordinate with the City’s legal counsel to review and contribute to CFD formation
documents, including preparing the CFD Report required pursuant to the Mello-Roos law.
Task B-5.
Meeting Attendance
GCG will attend up to two in-person meetings during the CFD formation process, which may
include working group meetings and/or City Council meetings. Virtual meetings are not included
in this limitation.
Fiscal and CFD
A-3
Scope ofITEM
Work5
C.
CFD ADMINISTRATION
Task C-1.
Background Research and Data Collection
Each fiscal year, GCG will confirm the Assessor’s parcel numbers for lots within the CFD and
determine which parcels are Developed Property and which remain Undeveloped Property. GCG
will allocate parcels to the special tax categories set forth in the RMA to determine the maximum
special tax for each parcel.
Task C-2.
Annual Special Tax Levy Calculation
GCG will calculate the special tax levy for each taxable parcel in the CFD by applying the RMA.
Each fiscal year, GCG will coordinate with City staff to identify the maintenance costs and
administrative expenses to be covered by special taxes, and the special tax will be levied in the
amount needed, up to the maximum special tax for each parcel.
Task C-3.
Summary of Annual Special Tax Levy
GCG will annually prepare a summary of the special tax levy which contains the results of our
parcel research and identification of costs to be paid in the current fiscal year. The appendix to
this summary will identify the special tax levy for each Assessor’s parcel for the fiscal year.
Task C-4.
Annual Special Tax Enrollment
GCG will compile a list of parcels in the CFD that will be subject to the special tax levy and format
it in compliance with the specific formatting instructions of the County Auditor-Controller’s
Office. The formatted tax levies will be submitted on or before August 10 (or other specified date)
for inclusion on the consolidated property tax bills.
Task C-5.
Delinquency Management
GCG will monitor the County’s tax collection summaries and report on delinquent parcels and
corresponding delinquent CFD taxes.
Task C-6.
Annexation Services
With each annexation, GCG will: (i) prepare a consolidated CFD boundary map reflecting the
annexation area in the CFD, (ii) work with City staff to identify costs and land uses to calculate
the maximum special taxes for the area being annexed, (iii) prepare the rate supplement to be
attached to the unanimous approval form for new tax zones, and (iv) assist the City and legal
counsel with anything related to annexing property into the CFD.
Task C-7.
Answer Inquiries from Various Parties
GCG will respond to property owners, realtors, title companies, appraisers and other parties’
questions regarding the special tax and other CFD related issues. A GCG staff member will be
designated as the primary contact for inquiries received by the County Tax Collector’s Office, and
most inquiries will be responded to on the same day they are received.
Fiscal and CFD
A-4
Scope ofITEM
Work5
EXHIBIT B
CITY OF CERES
FISCAL IMPACT ANALYSIS AND
COMMUNITY FACILITIES DISTRICT FOR GENERAL CITY SERVICES
BUDGET & FEE SCHEDULE
A.
Fiscal Shortfall Analysis
The budget for the fiscal shortfall analysis is $30,000. This budget represents a maximum amount
not to be exceeded. Additional consulting services beyond those included in the scope of work
may be provided within the maximum budget if total hourly billings are less than the budget
maximum. Alternatively, if the scope of work can be completed for less than the maximum budget,
only hours expended will be billed. A total of two in-person meetings is included in the maximum
budget. Additional in-person meetings will be billed on an hourly basis, not to exceed a total of
$1,200 per meeting. Services will be billed based on the hourly service rates shown below in
Table A.
B.
CFD Formation
The budget for CFD Formation is $25,000. This budget represents a maximum amount not to be
exceeded. Additional consulting services beyond those included in the scope of work may be
provided within the maximum budget if total hourly billings are less than the budget maximum.
Alternatively, if the scope of work can be completed for less than the maximum budget, only hours
expended will be billed. A total of two in-person meetings is included in the maximum budget.
Additional in-person meetings will be billed on an hourly basis, not to exceed a total of $1,200 per
meeting. Services will be billed based on the following hourly service rates:
Table A
Goodwin Consulting Group, Inc.
Managing Principal
$380/Hour
Senior Principal
$365/Hour
Principal
$330/Hour
Senior Vice President
$310/Hour
Vice President
$290/Hour
Senior Associate
$265/Hour
Associate
$250/Hour
Analyst
$230/Hour
Research Assistant
$95/Hour
Note: These hourly rates are effective through December 31, 2026, and may be adjusted thereafter.
Fiscal and CFD
B-1
Budget
ITEM 5
C.
CFD Administration
The budget for CFD administration services, not including annexation services, is $5,000 per year
plus $2.25 per parcel. The budget for annexation services is $5,000 per annexation. These fees
will be subject to an inflation adjustment beginning after fiscal year 2025-26 and include direct
expenses. Expenses may entail travel, parcel data purchases, photocopying, courier, overnight
delivery, long-distance telephone, and other direct costs. Administration services shall be billed
in two semiannual installments.
Fiscal and CFD
B-2
Budget
ITEM 5
CITY COUNCIL
COUNCIL AGENDA REPORT
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE:
March 23, 2026
TO:
Mayor and City Council
FROM:
Douglas D. Dunford, City Manager
CONTACT:
Michael R. Beltran II, P.E., Director of Engineering/City Engineer
[email protected], (209) 538-5775
SUBJECT:
Resolution No. 2026-XXX, Approving Amendment No. 1 to the
Agreement with Schneider Electric Buildings Americas, Inc. in an
Amount Not to Exceed $4,988,067 for Turnkey Design and
Construction Energy Services, Authorizing the Construction of a
995-Kilowatt Solar Photovoltaic System at the City of Ceres
Wastewater Treatment Plant, and Authorizing the City Manager to
Execute the Amendment
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council adopt a Resolution approving an amendment to the
Agreement for Turnkey Design and Construction Energy Services with Schneider Electric
Buildings Americas Inc. in the not to exceed amount of $ 4,988,067 to authorize the construction
of a 995-Kilowatt Solar Photovoltaic System at the City of Ceres Wastewater Treatment Plant
and authorize the City Manager to execute the amendment.
I.
BACKGROUND:
On June 24, 2024, the City Council approved an Agreement for Turnkey Design and
Construction Energy Services with Schneider Electric Buildings Americas, Inc. for the
development of energy and infrastructure improvement projects at the City of Ceres
Wastewater Treatment Plant (WWTP) in accordance with California Government Code
Sections 4217.10 through 4217.18.
The purpose of the original agreement was to allow Schneider Electric to act as the City’s
design-build energy services provider to evaluate, design, and develop energy efficiency
and infrastructure improvement projects that would improve plant capacity, reduce
operating costs, and address increasing regulatory and operational demands at the
Wastewater Treatment Plant.
As part of the project development and engineering effort, Schneider Electric evaluated
multiple energy and infrastructure improvement measures at the Wastewater Treatment
ITEM 6
Plant. One of the major components identified to reduce the City’s long-term operational
and energy costs is the installation of a large-scale on-site solar photovoltaic system.
Schneider Electric has completed technical evaluation and engineering design to
advance a proposed 995-kilowatt solar photovoltaic system at the City’s Wastewater
Treatment Plant. The proposed system is intended to significantly offset the facility’s
electrical demand associated with existing operations and future planned upgrades.
This amendment to the existing agreement authorizes the City to proceed with the
construction of the 995-kilowatt solar photovoltaic system as a defined project under the
City’s existing turnkey design-build energy services agreement.
The solar project is consistent with the original intent of the agreement and supports the
City’s goals to reduce energy consumption, control long-term utility costs, and improve
the financial sustainability of wastewater operations.
II.
REASONS FOR RECOMMENDATION:
The Wastewater Treatment Plant is one of the City’s highest energy-consuming facilities,
and electrical demand is expected to continue to increase as the City implements future
regulatory compliance and capacity improvement projects.
Construction of the 995-kilowatt solar photovoltaic system will:
•
•
•
•
Reduce long-term electricity costs at the Wastewater Treatment Plant;
Provide greater budget stability for wastewater operations;
Reduce the City’s exposure to future utility rate increases; and
Support the City’s long-term infrastructure and operational resiliency goals.
In addition, advancing the project at this time allows the City to be eligible for the federal
Investment Tax Credit (ITC) associated with the construction of the solar photovoltaic
system. The ITC benefit for this project is currently estimated to be approximately
$1,496,420 and represents a significant financial benefit to the overall project.
Approving this amendment allows the City to move directly into construction of a fully
designed project and secure the associated federal tax credit benefits.
III.
FISCAL IMPACTS:
Funding for construction of the 995-kilowatt solar photovoltaic system is available in
Capital Improvement Project No. 2510. The project currently has $5,000,000 funded from
the Sewer Fund. No General Fund resources will be used for this project.
Approval of this amendment authorizes construction of the solar photovoltaic system in
accordance with the scope, schedule, and payment terms contained in the amendment
to the existing agreement. The project is expected to generate long-term operational
savings by reducing purchased electrical power for wastewater treatment operations and
will allow the City to be eligible for the federal Investment Tax Credit (ITC), currently
estimated at approximately $1,496,420.
ITEM 6
IV.
EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
The recommended action supports the following elements of the City’s Strategic Plan:
1) Infrastructure – Ensure that the community has adequate, wellmaintained infrastructure that supports a strong economy and quality of
life.
2) Economic Development – Improve long-term fiscal sustainability by
reducing operating costs of major public facilities.
3) Planning for the Future – Invest in infrastructure that supports future
growth and regulatory requirements.
V.
POLICY ALTERNATIVES:
The City Council can choose to:
1. Approve the request as recommended by staff; or
2. Deny the request, which would delay the construction of the solar photovoltaic
system, and the City would forgo the opportunity to secure the estimated $1.5
million federal Investment Tax Credit and the associated long-term energy cost
savings.; or
3. Continue to a future City Council Meeting
VI.
INTERDEPARTMENTAL COORDINATION:
The Engineering Department has coordinated with the Waste Water Treatment
Department .
VII.
PUBLIC PARTICIPATION:
N/A
VIII.
ENVIRONMENTAL REVIEW:
Environmental review for the solar photovoltaic project will be completed in accordance
with the California Environmental Quality Act (CEQA) prior to or in conjunction with project
implementation.
IX.
STEPS FOLLOWING APPROVAL:
Upon approval, the City Manager will execute the amendment to the Agreement for
Turnkey Design and Construction Energy Services with Schneider Electric Buildings
Americas, Inc., and staff will proceed with construction, inspection, and project
administration for the 995-kilowatt solar photovoltaic system at the Wastewater Treatment
Plant.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Amendment No. 1
ITEM 6
ITEM 6
ATTACHMENT A
RESOLUTION NO. 2026-XXX
APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH
SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. IN AN AMOUNT
NOT TO EXCEED $4,988,067 FOR TURNKEY DESIGN AND
CONSTRUCTION ENERGY SERVICES, AUTHORIZING THE
CONSTRUCTION OF A 995-KILOWATT SOLAR PHOTOVOLTAIC
SYSTEM AT THE CITY OF CERES WASTEWATER TREATMENT
PLANT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the City Council of the City of Ceres recognizes the need to reduce
long-term energy and operational costs at the City’s wastewater treatment plant located
at 4200 Morgan Road, Ceres, California; and
WHEREAS, on June 24, 2024, the City Council approved an Agreement for
Turnkey Design and Construction Energy Services with Schneider Electric Buildings
Americas, Inc. for the design and construction of an energy services project for the City
of Ceres Wastewater Treatment Plant improvements and upgrades, by Resolution No.
2024-083, pursuant to California Government Code sections 4217.10 through 4217.18;
and
WHEREAS, the design of a 995-kilowatt solar photovoltaic system at the City of
Ceres Wastewater Treatment Plant has been completed under the previously approved
Agreement and part of the Capital Improvement Plan Project 2510; and
WHEREAS, the City desires to proceed with construction of the 995-kilowatt solar
photovoltaic system in order to reduce energy consumption, improve operational
efficiency, and support the long-term financial sustainability of wastewater operations;
and
WHEREAS, staff recommends approval of an amendment to the Agreement with
Schneider Electric Buildings Americas, Inc. to authorize construction of the 995-kilowatt
solar photovoltaic system; and
WHEREAS, advancing the project at this time allows the City to be eligible for the
federal Investment Tax Credit associated with the construction of the solar photovoltaic
system, which is currently estimated to be approximately $1,496,420.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres
hereby approves Amendment No. 1 to the agreement with Schneider Electric Buildings
Americas, Inc. in an amount not to exceed $4,988,067 for turnkey design and construction
energy services, authorizes the construction of a 995-kilowatt solar photovoltaic system
at the City of Ceres Wastewater Treatment Plant, and authorizes the City Manager to
execute the amendment.
ITEM 6
ATTACHMENT A
BE IT FURTHER RESOLVED The City Council of the City of Ceres hereby
reaffirms all findings previously made by the City Council in connection with its approval
of that certain Agreement for Turnkey Design and Construction Energy Services with
Schneider Electric Buildings Americas, Inc. for the design and construction of an energy
services project for the City of Ceres Wastewater Treatment Plant improvements and
upgrades, approved by the City Council on June 24, 2024, by Resolution No. 2024-083,
pursuant to California Government Code sections 4217.10 through 4217.18.
The City Council further finds and determines that:
1. The proposed amendment to the Agreement with Schneider Electric Buildings
Americas, Inc. for the City of Ceres Wastewater Treatment Plant improvements
and upgrades does not materially change the scope, purpose, or structure of the
original energy services project approved by the City Council, and does not
invalidate or require modification of the findings previously adopted by the City
Council pursuant to California Government Code sections 4217.10 through
4217.18; and
2. The findings adopted by the City Council in Resolution No. 2024-083 on June 24,
2024, remain true and correct and continue to apply to the Agreement as
amended; and
3. The Agreement, as amended, continues to provide for energy conservation and
operational improvements at the City of Ceres Wastewater Treatment Plant and
continues to satisfy all applicable requirements of California Government Code
sections 4217.10 through 4217.18.
Accordingly, the City Council of the City of Ceres hereby reaffirms and incorporates by
reference all findings previously adopted in Resolution No. 2024-083 approving the
Agreement for Turnkey Design and Construction Energy Services with Schneider Electric
Buildings Americas, Inc., as though fully set forth herein.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof
held on the 23rd day of March 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 6
ATTACHMENT B
AMENDMENT AND NOTICE TO PROCEED WITH THE SOLAR PV CONSTRUCTION PHASE
PURSUANT TO AGREEMENT FOR TURNKEY DESIGN AND CONSTRUCTION ENERGY SERVICES
This Amendment and Notice to Proceed with the Solar PV Construction Phase (this “Construction
Amendment No. 1”) is executed and made effective as of March 23, 2026 (the “Construction Amendment
No. 1 Effective Date”) by and between the City of Ceres, a California General Law City (“City”), and
Schneider Electric Buildings Americas, Inc., a Delaware corporation with California Contractors License
Number 708952 (“Design/Builder”). City and Design/Builder may be referred to herein as the “Parties”,
collectively, and each, individually, as a “Party”. This Construction Amendment No. 1 is executed pursuant
to and made part of the Agreement (defined and described below). The Agreement, as amended by this
Construction Amendment, shall be referred to herein as the "Amended Agreement", and any capitalized
terms used but not defined herein shall have the respective meanings ascribed to such terms in the
Agreement.
RECITALS
WHEREAS, the Parties previously entered into that certain Agreement For Turnkey Design And
Construction Energy Services dated as of June 27, 2024 (the "Agreement"), whereby City engaged
Design/Builder to perform Design work related to Solar PV and the City’s Wastewater Treatment Plant;
WHEREAS, Design/Builder has completed the Design work for the Solar Photovoltaic (“PV”) and provided
a Project Proposal to the City for the Solar PV work, while Design/Builder continues to work on preparing
a Project Proposal for the Wastewater Treatment Plant;
WHEREAS, pursuant to California Government Code Section 4217.12, City held a regularly scheduled
public hearing on March 23, 2026, of which two weeks advance public notice was given, regarding this
Construction Amendment and its subject matter;
WHEREAS, at such meeting, City accepted the Solar PV Project Proposal (“Solar Project Proposal”), and
determined that Design/Builder has the technical and management capabilities and experience to
implement the Solar Project Proposal, and that the anticipated cost to City to implement the Energy
Conservation Measures (“ECMs”) identified in the Solar Project Proposal will be less than the anticipated
cost to City for thermal, electrical, and other energy, together with anticipated operational, maintenance and
other costs, that would have been consumed by City in the absence of the identified ECMs in compliance
with California Government Code Sections 4217.10 through 4217.18;
WHEREAS, City has further determined that the Agreement, as amended hereby, constitutes an “energy
service contract” within the meaning of California Government Code Section 4217.10 et seq., that entering
into this Construction Amendment to implement the Project Proposal is in the best interests of City, and
that California Government Code Section 4217.10 et seq. allows City to enter into this Construction
Amendment No. 1;
WHEREAS, City now wishes to engage Design/Builder, pursuant to the terms and conditions of this
Construction Amendment No. 1, to finalize the design and construct the Solar Project for purposes of
implementing the ECMs; and
WHEREAS, effective as of the Construction Amendment No. 1 Effective Date, this Construction
Amendment No. 1 shall become part of the Agreement and shall serve to incorporate the details of the
Construction Phase therein.
NOW, THEREFORE, in consideration of the foregoing and of the respective rights and obligations of the
Parties set forth in the Amended Agreement, the Parties hereby agree as follows:
ITEM 6
General
ATTACHMENT B
I.
CONSTRUCTION AMENDMENT NO. 1
The following provisions shall modify, supplement, and become part of the Agreement, as applicable:
Section 1. Amended Agreement. This Construction Amendment No. 1 and all of the Exhibits attached
hereto are hereby made part of the Agreement as if set forth in full therein. In the event of any conflict
between the provisions of the Agreement and the provisions of this Construction Amendment No. 1, the
provisions of this Construction Amendment No. 1 shall prevail.
Section 2. Scope of Construction Services. In accordance with Section 0.5 of the Agreement, the Scope
of the Solar Construction Work to be performed by Design/Builder in connection with the Solar Project is
set forth on Exhibit D, attached hereto and incorporated in the Agreement by this reference. ESCO makes
no representation, warranty or guarantee that the Solar Project or the performance thereof will entitle the
Customer to receive any Incentive Funds. Procurement, or lack thereof, of the Incentive Funds will not alter
the Solar Project Fee or the payment timeline associated with payment of the Solar Project Fee. Incentive
Funds means tax credits, energy efficiency rebates, incentives, and/or loan programs for which City may
apply or otherwise be eligible in connection with the Solar Project.
Section 3. Preliminary Construction Schedule. In accordance with Section 0.5 of the Agreement, the
Preliminary Construction Schedule, setting forth the Completion Date for the Solar Construction Work and
any applicable milestone dates, is attached hereto as Exhibit E, and incorporated in the Agreement by this
reference.
Section 4. Project Fee. The Solar Project Fee is set forth in Exhibit F, attached hereto, and incorporated
in the Agreement by this reference. The Project Fee is inclusive of ONLY the Solar PV portion of the Design
Fee (equal to $250,000), such Design Fee having been rolled into the Project Fee pursuant to Section 1.5.2
of the Agreement. If City does not wish to proceed into the Construction for the scope of work set forth in
Design/Builder’s subsequently issued Project Proposal, then the terms of Section 1.5.1 of the Agreement
shall apply and City may terminate the Agreement for convenience immediately upon providing
Design/Builder with written notice of termination and payment in full for the Design Fee not included in the
Solar PV Design Fee. The parties agree that such termination shall not terminate this Construction
Amendment No. 1 unless City elects to terminate this Construction Amendment No. 1 for convenience or
Construction Amendment No. 1 is terminated for other reasons allowed under the Agreement.
Section 5. Project Mobilization Payment. In accordance with Section 2.4.3 of the Agreement, the Project
Mobilization Payment for the Solar Project will not exceed twenty percent (20%) of the Solar Project Fee,
as noted in Exhibit F, and the Project Mobilization Payment is due within one month of the Construction
Amendment No. 1 Effective Date.
Section 6. Notice to Proceed. In accordance with Section 2.1 of the Agreement, the execution of this
Construction Amendment No. 1 serves as City’s Notice to Proceed with the Solar Construction Work.
Section 7. Performance Guarantee. Upon completion of the Solar Construction Work, Design/Builder
shall provide certain energy and/or efficiency savings guarantees to City, subject to the terms and
conditions of this Section 7 and Exhibits G through J, attached hereto and incorporated in the Agreement
by this reference:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Performance Assurance Support Services Agreement
Performance Guarantee and Definitions
Measurement & Verification (“M&V”) Plan
City Responsibilities for Performance Guarantee
Section 8. Project Proposal for Wastewater Treatment Plant. The parties acknowledge that
Design/Builder continues to perform Design work under the Agreement related to the Wastewater
Treatment Plant. The parties agree that they may in the future enter into an additional Amendment and
ITEM 6
General
ATTACHMENT B
Notice to Proceed for the performance of work related to the Wastewater Treatment Plant pursuant to a
Project Proposal resulting from said Design work.
II.
GENERAL PROVISIONS
The following provisions shall govern the interpretation and enforcement of this Construction Amendment
No. 1:
Section 1. No Other Modifications. The provisions of Part I of this Construction Amendment No.
1, together with the Schedules referenced therein, shall be construed as the sole extent of the modifications
being made to the Agreement pursuant to this Construction Amendment No. 1. Except as hereby modified,
the Agreement shall continue in full force and effect in accordance with its provisions.
Section 2. Governing Law. This Construction Amendment No. 1 shall be governed by and
interpreted in accordance with California law, regardless of any conflict-of-laws provisions applicable in
California or any other jurisdiction.
Section 3. Severability. If any provision of this Construction Amendment No. 1 is determined to
be invalid, illegal, or unenforceable as written, such provision shall be construed consistent with and to the
fullest extent permitted under applicable law, and any such determination shall not affect or impair the
validity, legality, and enforceability of the remaining provisions.
Section 4. Entire Agreement. The Amended Agreement constitutes the entire understanding and
agreement between the Parties pertaining to the performance by Design/Builder of the services required by
the Amended Agreement.
Section 5. Counterparts. This Construction Amendment No. 1 may be executed in one or more
counterparts, each of which shall be deemed to be an original and all of which, taken together, shall
constitute one and the same instrument. Signature pages may be detached from counterpart originals and
combined to physically form one or more copies of this Construction Amendment No. 1 having original
signatures of both Parties.
Section 6. Due Authority of Signatories. Each person signing this Construction Amendment No.
1 represents and warrants that he or she has been duly authorized by appropriate action of the Party he or
she represents to execute, and thereby bind such Party to, this Construction Amendment No. 1.
In Witness Whereof, the Parties have executed this Construction Amendment No. 1 as evidenced
by the signatures of their authorized representatives below.
ITEM 6
General
ATTACHMENT B
City of Ceres, California
Schneider Electric Buildings Americas,
Inc.
By:
By:
Print Name:
Print Name:
Title: _____________________________________
Title: ________________________________
Date Signed:
Date Signed:
Fed. Tax ID No:
ITEM 6
General
ATTACHMENT B
EXHIBIT D
SCOPE OF CONSTRUCTION WORK
City hereby acknowledges and agrees that the scope of work shall be limited to, and Design/Builder shall
only perform the following:
Solar Photovoltaic Installation
Design/Builder shall design, engineer, obtain required permits where required, procure required devices
and materials, construct, start-up, and commission a public utility interconnected solar photovoltaic (PV)
system(s) as defined below:
Project Site
Ceres Water Reclamation Facility
4200 Morgan Road, Ceres, CA
PV System Size - 995.5 kW DC
Design Basis
• Final electrical design of the PV system and associated infrastructure will be completed prior to
installation. See System Layout (below) noting location of proposed PV system, and for basis of
Project Fee. Final system configuration to be shown on the 100% design drawings.
• Primary System Component Basis of Design
o PV module basis of design is 550W modules.
o Inverter basis of design is 480v, 100kW AC inverters.
o Racking basis of design is Terrasmart Wave and Fuse systems.
o Monitoring system basis of design is five years of service from Data Acquisition System
using ALSO Energy Package, relying on City-provided intranet connection drop, in
existing electrical room. Solar data monitoring system will allow for remote web-based
monitoring and access.
o Solar arrays shall be installed with a 20-degree tilt for 2P systems, a 12.5-degree tilt for
4P system, and a front lip clearance height of 36” minimum for all systems.
• Installation of ground mounted structural solar racking system in locations designated on System
Layout (below).
• Installation of solar modules and associated wiring and combiner boxes connected to solar
inverters.
• Installation of solar inverters and associated electrical equipment, connections, and gear to connect
inverters into new switch board.
• Installation of new switch board and concrete pad extension for Electrical Interconnection at
location of existing switch gear as designated on System Layout (below).
• Provide energy production enclosure which will include production meter, weather station, and
network switch for array monitoring.
• Provide solar temperature and irradiance sensors
• Existing City-provided asphalt grindings stored on site will be loaded, hauled, and placed on
graded and prepped areas by Design/Builder, to include - array footprint areas, a vehicle access
way 10’ wide around arrays, and Design/Builder laydown/ storage area - up to a maximum depth
of 6”. Actual depth of grindings placed will be based on total quantity of City grindings available on
site at the time of construction.
• Tree removal in the Solar PV installation area as required shall be performed by Design/Builder.
• Cut, cap and modification to all irrigation system piping to the solar array footprint areas will be
completed by City prior to construction.
• Design/Builder will complete the Interconnect Agreement Application, pay the Interconnection
Application fee, and coordinate Interconnection Application Inspection and Issuance of Permit to
Operate with Turlock Irrigation District (local Utility).
• Start up and commissioning of PV system.
ITEM 6
General
ATTACHMENT B
•
Training for Solar System Components, Operations and Maintenance upon completion of each
array.
Clarifications
• Permanent fencing around the arrays or PV system components shall not be required per
discussions with City staff and AHJ (Stanislaus County), as the project site already has secure
fencing and controlled access. Design/Builder shall be responsible for obtaining electrical &
building permits as required from the local AHJ for the installation of the Solar PV system, including
coordinating and passing inspections upon completion of work. Stanislaus County shall be the
permitting and inspection authority.
• Special inspections including any lab of records or testing are excluded and the responsibility of
the City.
• Other than the Utility Interconnection Application fee paid for by Design/Builder, City is
responsible to pay all fees associated with Permitting, Plan Check Review, and any 3 rd party lab
of record testing and inspections as required. (if necessary)
• City of Ceres shall utilize City Staff, or hire and pay for, an Inspector of Record (if required).
• Final equipment selection inclusive of modules, inverters, electrical components, and monitoring
system are subject to change based on final design and equipment lead-time at the discretion
of Design/Builder.
• Due to construction phasing, while Racking, Modules and Inverters may be installed, PV system
will not be operable until all long lead Electrical switch gear arrives and can be installed as well as
permission to operate (PTO) by Utility.
• Multiple Electrical shutdowns will be required and will be coordinated with the City and Utility for
system interconnection:
o During the design phase to inspect the switchgear for switchboard manufacturing.
o During construction for interconnection of PV array into the existing switchgear.
• Scope is based on, first shift, normal working hours, Monday through Friday, 7 a.m. to 5 p.m., nonFederal Holidays. Some after-hours work may be required to accomplish the Scope of Work. This
proposal assumes City will grant Design/Builder access to the facilities after hours if needed.
• On-site staging areas will be made available by City for storage of equipment and materials in
generally close area to project.
• Owner shall provide Design/Builder complete access to the site for installation activities and support
of those activities with relocation of vehicles as required while providing suitable laydown area to
support installation as shown on conceptual plans.
• The City is responsible to notify Design/Builder of any projects that may impact the project schedule
or require coordination. Design/Builder currently has not accounted for coordination with other City
projects or contractors. Design/Builder is not responsible for delays caused by other projects
occurring within the designated project areas.
• Storm water pollution prevention plan (SWPPP) is responsibility of Design/Builder, as required
to comply with applicable code.
• Design/Builder will provide temporary sanitary facilities.
• City will provide working office space for Design/Builder Site Management personnel, in Admin
Building and/or Electrical Room.
• The City will be responsible for any and all future landscaping maintenance specific to weed
mitigation or trimming of foliage around the solar array following the installation of the project
• Design/Builder receiving payment from City for mobilization and completed work is not
contingent on loan, bond, or grant funding.
Exclusions
• Added scope or changes required by AHJ are excluded.
• Changes to array locations initiated by City are excluded.
• Upgrades to Utility company infrastructure or mitigation work, that is not included in the design,
discovered by the Utility company during the Interconnection Application review process, is
ITEM 6
General
ATTACHMENT B
•
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
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•
•
•
excluded.
All utility driven sub-meters (i.e. NGOM) costs are excluded and will be the responsibility of the
City, if required.
Expansion of City’s network or coverage to serve data monitoring system is excluded.
Design changes and or relocation of underground utility lines including but not limited to electrical,
gas, water, sewer, irrigation, fiber optic, television, etc. is excluded. Hard rock drilling, underground
obstructions, caving soils, casing, and water mitigation are excluded.
Design/Builder is not responsible for replacing inverter fuses.
Lightning protection systems are excluded.
Any temporary utilities including temporary power and lighting during scheduled utility shutdown is
excluded.
Fire alarm, fire sprinkler, CCTV, security, and communication work beyond data monitoring system
is excluded.
Additional labor cost resulting from the restriction of allowable work hours or days is excluded.
Night/Holiday/Overtime work not performed at Design/Builder’s discretion is excluded.
Costs incurred due to lack of access to required areas or due to access to storage areas to which
materials are to be delivered are excluded.
Costs of providing access, access control, or security escorts not specified in the Scope of Work is
excluded.
This project assumes all existing utility and City owned electrical, mechanical, plumbing,
architectural, or drainage systems are currently code complaint. Bringing non-compliant systems
up to current codes is excluded.
Ground contamination and/or hazardous materials handling, testing, and/or removal are excluded.
Asbestos or hazardous material abatement of any kind of any kind is excluded.
Environmental permits/approvals of any type are excluded.
Any environmental reviews, investigations, assessments, and/or ornithologist observations,
reports, and associated schedule impacts which may result from the project Scope of Work are
excluded.
Coordination with other projects occurring within City’s facilities has been excluded from this
scope of work. Design/Builder is not responsible for delays caused by other City projects.
Painting or any other "decorative work" on the PV Power Systems or any of its components are
excluded.
Repairs or upgrades to the property which are otherwise required or discovered during the project
are excluded. This can include existing electrical equipment and civil or structural improvements.
Any reporting that must be completed to government entities, other than what is required for labor
compliance in the Agreement For Turnkey Design And Construction Energy Services, is excluded.
Unforeseen underground conditions are excluded.
Suitable soil conditions, as noted in the Geotechnical Investigation Reports previously provided to
Design/Builder by the City, are assumed at the installation site. Any added work due to differing
soil conditions, seismic issues, liquefaction issues, land-use issues, or environmental concerns is
excluded.
Easements that could affect proposed underground and/or aboveground conduit or equipment
installation are excluded.
Site will be returned to previous condition where trenching takes place. New paving, new
landscaping, and/or irrigation work not defined in Scope of Work is excluded.
The guarantee of tax credits from the Inflation Reduction Act are excluded.
Any new tariffs enacted after the date of the Construction Amendment No. 1 Effective Date and
any increases in existing tariffs enacted after the date of the Construction Amendment No. 1
Effective Date are excluded.
ITEM 6
General
ATTACHMENT B
System Layout
ITEM 6
General
ATTACHMENT B
EXHIBIT E
PRELIMINARY CONSTRUCTION SCHEDULE
The schedule below is a preliminary construction schedule which reflects Design/Builder’s best estimation
of activity durations for construction to account for anticipated design durations, equipment lead times,
implementation durations, and TID Permission to Operate. While Design/Builder will strive to finish
construction in advance of this schedule, actual implementation durations will be based on coordination
with City of Ceres and TID. Construction schedule updates will be periodically provided throughout the
construction phase and shall reflect Design/Build best estimates.
Milestone
Start Date
End Date
Notice to Proceed
3/23/2026
3/23/2026
Issue Contracts
3/24/2026
4/08/2026
Complete 100% Design & Issue for Construction
4/09/2026
8/08/2026
Review and Approval of Submittals
4/09/2026
5/09/2026
Equipment Procurement Lead Time
5/10/2026
8/08/2026
Site Mobilization
8/09/2026
8/16/2026
Installation
8/17/2026
11/07/2026
Substantial Completion - Punchlist, Cx, Startup, TID PTO
11/08/2026
12/09/2026
Final Completion - Training, O&M Manuals, Closeout Docs
12/10/2026
1/09/2027
ITEM 6
General
ATTACHMENT B
EXHIBIT F
PROJECT FEE
The Project Fee, inclusive of ONLY the Solar PV portion of the Design Fee (equal to $250,000), shall be:
$4,988,067
ITEM 6
General
ATTACHMENT B
EXHIBIT G
PERFORMANCE ASSURANCE SUPPORT SERVICES AGREEMENT
1. TERM AND TERMINATION:
The Performance Assurance Support Services (“PASS”) Agreement described in this Exhibit G will
commence on the Savings Guarantee Commencement Date and will continue for an initial term of 1
year (the “Initial Term”). Upon expiration of the Initial Term and upon commencement of each
Guarantee Year thereafter, the PASS Agreement will automatically renew for additional one-year
periods (each, a “Renewal Term”) unless City terminates the PASS Agreement by giving Design/Builder
written Notice of termination at least thirty (30) days prior to the end of the then-current term.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT THE PASS AGREEMENT
EXPIRES OR IS CANCELED OR TERMINATED BY CUSTOMER FOR ANY REASON, THE
PERFORMANCE GUARANTEE SET FORTH IN EXHIBIT H OF THE AGREEMENT SHALL BE
DEEMED TO HAVE BEEN SATISFIED AND FULFILLED AS OF THE EFFECTIVE DATE OF
EXPIRATION, CANCELLATION OR TERMINATION OF THE PASS AGREEMENT, AND
DESIGN/BUILDER SHALL HAVE NO FURTHER OBLIGATIONS OR LIABILITIES ASSOCIATED
WITH SUCH PERFORMANCE GUARANTEE.
2. SERVICE SCOPE:
a.
Initial Term (Guarantee Year 1):
i.
PASS Services for Guarantee Year 1. Design/Builder shall provide the following PASS
Services during Guarantee Year 1:
Remote System Monitoring & Reporting
Design/Builder will remotely access your solar system on a monthly basis. During each
session, the system will be inspected, and variables will be compared to the contractual
agreement. Additionally, Design/Builder will inspect the system for other areas of malfunction
or energy waste and report those findings for City review. All findings will be reported and that
report will be delivered to City electronically. Design/Builder will notify City if remote access
is not available. City is responsible for restoring remote access and notifying Design/Builder.
Design/Builder is not responsible for providing the planned service session if remote access
is unavailable. Design/Builder is also not responsible for O&M of the solar system
components or solar system subscription fees, unless otherwise included in Exhibit D Scope
of Work.
Measurement & Verification with Savings Reporting Portal
Design/Builder will perform the measurement & verification as outlined in the M&V plan and
will update the energy savings and performance portal as data is received. This website
contains charts and graphs showing the energy savings by month and by meter for the
project. City will be given web access to the Schneider Electric Resource Advisor website for
the contacts specified by City. Changes to that contact list can be made at any time. Data
can only be updated on this website if utility bills and other necessary information are
provided. If bills and other necessary information are not provided, Design/Builder is not
responsible for maintaining updated information in the energy savings and performance portal
until the missing data is provided.
On-Site Visit
Design/Builder will provide On-Site Energy Consulting consisting of 4 site visits per year (once
ITEM 6
General
ATTACHMENT B
per quarter). This service will include a site assessment to determine current conditions and
identify areas of improvement. Each site visit will be documented in a report indicating the
findings and outlining a plan for further improvement. Each site visit will vary depending upon
the needs of that particular visit. City is responsible for providing access to all PV system
equipment and any supervision required by City. Site visits must be requested fourteen (14)
days or more prior to the requested date. Design/Builder and City will work to schedule a
mutually acceptable date for each visit.
b.
Renewal Terms (Guarantee Years 2-20):
i.
PASS Services for Guarantee Year 2. Unless City terminates the PASS Agreement
pursuant to Section 1 above or selects a change in the PASS Agreement pursuant to Section
2(c) below, the first Renewal Term (Guarantee Year 2) shall include the following PASS
Services:
Remote System Monitoring & Reporting
Design/Builder will remotely access your solar system on a monthly basis. During each
session, the system will be inspected, and variables will be compared to the contractual
agreement. Additionally, Design/Builder will inspect the system for other areas of malfunction
or energy waste and report those findings for City review. All findings will be reported and that
report will be delivered to City electronically. Design/Builder will notify City if remote access
is not available. City is responsible for restoring remote access and notifying Design/Builder.
Design/Builder is not responsible for providing the planned service session if remote access
is unavailable. Design/Builder is also not responsible for O&M of the solar system
components or solar system subscription fees, unless otherwise included in Exhibit D Scope
of Work.
Measurement & Verification with Savings Reporting Portal
Design/Builder will perform the measurement & verification as outlined in the M&V plan and
will update the energy savings and performance portal as data is received. This website
contains charts and graphs showing the energy savings by month and by meter for the
project. City will be given web access to the Schneider Electric Resource Advisor website for
the contacts specified by City. Changes to that contact list can be made at any time. Data
can only be updated on this website if utility bills and other necessary information are
provided. If bills and other necessary information are not provided, Design/Builder is not
responsible for maintaining updated information in the energy savings and performance portal
until the missing data is provided.
On-Site Visit
Design/Builder will provide On-Site Energy Consulting consisting of four (4) site visits per
year (once per quarter). This service will include a site assessment to determine current
conditions and identify areas of improvement. Each site visit will be documented in a report
indicating the findings and outlining a plan for further improvement. Each site visit will vary
depending upon the needs of that particular visit. City is responsible for providing access to
all PV system equipment and any supervision required by City. Site visits must be requested
fourteen (14) days or more prior to the requested date. Design/Builder and City will work to
schedule a mutually acceptable date for each visit.
ii.
PASS Services for Later Guarantee Years: Unless City terminates the PASS Agreement
pursuant to Section 1 above or selects a change in the PASS Agreement pursuant to Section
2(c) below, each Renewal Term shall include the same PASS Services included with the
PASS Agreement in the immediately prior Renewal Term.
ITEM 6
General
ATTACHMENT B
c.
Change in PASS Agreement for Renewal Term. Approximately ninety (90) days prior to the end
of the then-current Renewal Term, Design/Builder and City will discuss any recommended and/or
requested changes in the PASS Services for the upcoming Renewal Term. Any agreed changes
to the PASS Agreement will be documented in writing and signed by both Parties at least thirty
(30) days prior to the end of the then-current term, and such changes shall take effect upon
commencement of the upcoming Renewal Term.
3. PASS FEES AND PAYMENT:
a.
PASS Fee for Initial Term. The PASS Fee for the Initial Term is included in the Project Fee.
b.
PASS Fees for Renewal Terms. Unless City terminates the PASS Agreement pursuant to Section
1 above or selects a change in the PASS Agreement pursuant to Section 2(c) above, the PASS
Fee for the first Renewal Term (Guarantee Year 2) shall be $30,000.00, and such PASS Fee shall
be adjusted upwards for each Renewal Term thereafter in accordance with the increase in
Consumer Price Index (“CPI”).
c.
Payment. After the Initial Term, the PASS Fee for each Renewal Term shall be paid within thirty
(30) days of the commencement of such Renewal Term. If Design/Builder has not received
payment of all undisputed amounts within thirty (30) days of the applicable invoice date, then a
late penalty equal to one percent (1%) or the late penalty imposed by applicable law will be applied
to the overdue amounts each month until paid.
ITEM 6
General
ATTACHMENT B
EXHIBIT H
PERFORMANCE GUARANTEE
Subject to the terms and conditions of this Exhibit H and the other Performance Guarantee Exhibits,
Design/Builder hereby provides the Performance Guarantee described below.
1. DEFINITIONS:
The terms listed in this Exhibit H shall have the respective meanings assigned to them below. Any other
capitalized terms used but not defined in the Performance Guarantee Exhibits shall have the respective
meanings assigned to them in the Agreement.
1.1.
“Actual Savings” means the total savings realized or stipulated to by City during a specified period of
time, as determined in accordance with the provisions of Exhibits H - J.
1.2.
“Excess Savings” means the amount (if any) by which Actual Savings exceed the Guaranteed
Cumulative Savings to date, including and Actual Savings achieved prior to the Savings Guarantee
commencement Date.
1.3.
“Guaranteed Annual Savings” means the amount of savings guaranteed by Design/Builder for a given
Guarantee Year, as set forth in the Savings Table under Exhibit H.
1.4.
“Guaranteed Cumulative Savings” means, with respect to the entire Performance Period or any other
specified period, the total amount of savings guaranteed by Design/Builder for such period, as set
forth in the Savings Table under Exhibit H.
1.5.
“Guarantee Year” means any twelve (12) month period that begins on the Savings Guarantee
Commencement Date or any anniversary thereof and that occurs during the Performance Period.
1.6.
“Initial Term” has the meaning set forth in Exhibit G.
1.7.
“M&V” means measurement and verification.
1.8.
“M&V Plan” means the Measurement & Verification Plan set forth in Exhibit I.
1.9.
“PASS Fee” means the annual dollar amount to be paid by City under the PASS Agreement.
1.10. “PASS Agreement” means the Performance Assurance Support Services Plan set forth in Exhibit G.
1.11. “PASS Services” means the services to be provided by Design/Builder under the PASS Agreement.
1.12. “Performance Guarantee” has the meaning set forth in Section 1 of the Agreement. means
Design/Builder’s guarantee to City as set forth in Exhibit H, as supplemented and/or modified by the
terms and conditions of the Performance Guarantee Exhibits applicable thereto.
1.13. “Performance Period” has the meaning set forth in Exhibit H.
1.14. “Renewal Term” has the meaning set forth in Exhibit G.
1.15. “Savings Guarantee Commencement Date” means the first day of City’s first utility billing period
following Design/Builder’s issuance of the Project Substantial Completion Letter, unless the Parties
agree in writing to a different Savings Guarantee Commencement Date.
1.16. “Savings Reconciliation” has the meaning set forth in Exhibit H.
ITEM 6
General
ATTACHMENT B
1.17. “Savings Shortfall” means the difference between the Guaranteed Annual Savings and the Actual
Savings for a given Guarantee Year.
2. TERM AND TERMINATION:
The Performance Guarantee shall commence on the Savings Guarantee Commencement Date and
shall continue in effect for a period of 20 years thereafter, unless sooner terminated in accordance with
the Agreement Documents (the “Performance Period”).
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT THE AGREEMENT OR THE
PASS PLAN EXPIRES OR IS CANCELED OR TERMINATED FOR ANY REASON, THE
PERFORMANCE GUARANTEE SET FORTH IN THIS EXHIBIT H SHALL BE DEEMED TO HAVE
BEEN SATISFIED AND FULFILLED AS OF THE EFFECTIVE DATE OF SUCH EXPIRATION,
CANCELLATION OR TERMINATION, AND DESIGN/BUILDER SHALL HAVE NO FURTHER
OBLIGATIONS OR LIABILITIES ASSOCIATED WITH SUCH PERFORMANCE GUARANTEE.
3. SAVINGS RECONCILIATION:
City shall send Design/Builder all utility and energy data in accordance with the requirements of Exhibit
J. Within sixty (60) days of receipt of such information for the previous Guarantee Year, Design/Builder
will determine the Actual Savings for such Guarantee Year in accordance with the M&V Plan set forth
in Exhibit I (such determination, the “Savings Reconciliation”).
If the Actual Savings for a Guarantee Year are less than the Guaranteed Annual Savings for such
Guarantee Year, Design/Builder will pay City the Savings Shortfall, less any Excess Savings, within
forty-five (45) days of completing that year's Savings Reconciliation.
Except as set forth in this Performance Guarantee, Design/Builder makes no express or implied
representations, warranties, guarantees or covenants concerning the potential energy efficiency or cost
savings benefits of the Work, and payment by Design/Builder for any Savings Shortfall(s) in accordance
with this Performance Guarantee shall be City’s sole and exclusive remedy for any alleged energy
efficiency or cost savings deficiencies.
4. GUARANTEE:
SAVINGS TABLE
Guarantee
Year #
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Measured
Savings
$0
$170,330
$176,257
$222,100
$229,829
$237,827
$246,103
$254,668
$263,530
$272,701
$282,191
$292,011
$302,173
$312,689
$323,571
Non-Measured
Savings
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Guaranteed
Annual Savings
$0
$170,330
$176,257
$222,100
$229,829
$237,827
$246,103
$254,668
$263,530
$272,701
$282,191
$292,011
$302,173
$312,689
$323,571
Guaranteed
Cumulative Savings
$0
$170,330
$346,587
$568,687
$798,516
$1,036,343
$1,282,447
$1,537,115
$1,800,645
$2,073,346
$2,355,537
$2,647,549
$2,949,722
$3,262,411
$3,585,982
ITEM 6
General
ATTACHMENT B
SAVINGS TABLE
Guarantee
Year #
15
16
17
18
19
20
Total
Measured
Savings
$334,831
$346,483
$358,541
$371,018
$383,929
$397,290
$5,778,073
Non-Measured
Savings
$0
$0
$0
$0
$0
$0
$0
Guaranteed
Annual Savings
$334,831
$346,483
$358,541
$371,018
$383,929
$397,290
$5,778,073
Guaranteed
Cumulative Savings
$3,920,813
$4,267,296
$4,625,836
$4,996,854
$5,380,783
$5,778,073
ITEM 6
General
ATTACHMENT B
EXHIBIT I
MEASUREMENT & VERIFICATION (M&V) PLAN
PROJECTED ANNUAL SAVINGS
The Performance Guarantee as established in Exhibit H shall consist of savings from multiple scopes of
work. The projected savings from each scope of work is presented in the table below.
Annual Projected Savings
Electric
Scope of Work
kWh
kW
City of Ceres Solar PV
1,422,709
0
Total
1,422,709
0
The projected savings in the table above are provided for reference only and are not intended to construe
a savings guarantee by meter, facility, or energy unit. The savings guarantee is fully defined in Exhibit H.
ENERGY, WATER, AND OPERATIONS & MAINTENANCE (O&M) RATE DATA
The cost of energy in any period will be determined by applying the rates as defined below (“Baseline
Energy Rates”), or the actual energy rates during the period, at the discretion of Design/Builder, to the
energy used in a given period for each fuel type. These rates will escalate at eight percent (8%) beginning
in year 1, and four percent (4%) per year beginning in Year 2.
Option B Solar Marginal Rate
Site
Ceres WWTP Solar Years 1 & 2
Ceres WWTP Solar Years 3 – 20*
* Assume higher load from
upgraded Water Resources
Recovery Facility (WRRF)
$/kWh
$0.1114
$0.1357
ITEM 6
General
ATTACHMENT B
Option B – Solar PV
A.
B.
C.
D.
Overview of M&V Plan, and Savings Calculation
Energy Savings Calculations
Parameter Measurement Strategy
Cost Savings Calculations
A. Overview of M&V Plan, and Savings Calculation
Savings in this section are determined by using an “Option B: Retrofit Isolation – All Parameter
Measurement” approach as described in the International Performance Measurement & Verification
Protocol (IPMVP Volume I, EVO 10000-1:2012). The remainder of this section describes the energy savings
calculations, parameter measurements that will be conducted, and how cost savings will be calculated. The
energy and cost savings will be determined using this approach for each year of the Performance Period.
B. Energy Savings Calculations
Provided within this section is an explanation of the calculations that will be used to perform energy savings
calculations for this verification method.
The production, solar irradiance, ambient temperature, and module temperature will be measured
beginning in the Performance Period. The relationship between those variables will be determined and a
performance curve created. Savings are calculated as the production normalized to a typical year’s
irradiance. Normal solar irradiance is based on the TMY3 weather data for Modesto, CA. This approach
verifies the performance characteristics of the PV system but does not take accountability for
excess/insufficient solar opportunity.
PV savings will be calculated each year of the Performance Period at the end of the guaranteed year.
During the construction period, PV savings will be reported as actual production rather than as normalized
production and will be considered Excess Savings.
Design/Builder reserves the right to make non-routine adjustments in the case of inverter failure outside the
control of Design/Builder, shading resulting from structures or vegetation constructed after the Effective
Date, snow cover, or other causes as detailed in Exhibit J.
C. Parameter Measurement Strategy
This section outlines the measurements that will be conducted to determine the measured values in the
equations provided above in Paragraph B. For this PV project, the parameters that will be measured are
the production from the solar panels, the available solar irradiance, and module temperature. Production
will be measured with the installed production meter(s), and solar irradiance and module temperature will
be measured with the installed local sensors at intervals no longer than one hour. All production at the
Ceres Wastewater Treatment Plant (WWTP) will be included in the Solar PV savings calculations.
D. Cost Savings Calculations
This section provides the methods and equations used to determine the cost savings associated with this
particular methodology.
Normalized production will be converted to cost savings using the utility rates as defined in Exhibit I, Energy,
Water, and O&M Rate Data. These rates will escalate at eight percent (8%) beginning in Year 1, and four
percent (4%) per year beginning in Year 2.
ITEM 6
General
ATTACHMENT B
Equation 1 – Total Cost Savings
𝑛
$𝑠𝑎𝑣𝑒 = ∑(𝐸𝑠𝑎𝑣𝑒 × $𝐸 )𝑖
𝑖=1
Where,
$save = Guarantee year cost savings
Esave = Total production (kWh)
$E = Marginal rate for kWh
n = Total number of production meters
ITEM 6
General
ATTACHMENT B
EXHIBIT J
CITY RESPONSIBILITIES FOR PERFORMANCE GUARANTEE
GENERAL RESPONSIBILITIES
City acknowledges and agrees that proper maintenance is essential to any energy conservation program.
Therefore, City agrees to undertake the following responsibilities:
City agrees to: (1) provide, or cause its suppliers to provide, periodic utility invoices to Design/Builder within
ten (10) days of receipt, (2) execute all City responsibilities as outlined herein, and (3) provide to
Design/Builder reasonable access to all City facilities and information necessary for Design/Builder to
perform its responsibilities. Access will include, but is not limited to, the following items:
•
•
•
•
•
•
•
•
All buildings listed within this Contract
All buildings served by the meters listed within this Contract
All mechanical equipment rooms in the buildings listed within this Contract
Remote connection to all temperature control and energy management systems which control part
or all of any of the buildings listed within this Contract. Remote connections will use a cyber secure
access point approved by Design/Builder.
Personnel with responsibility for operating and/or managing any of the buildings listed within this
Contract
Monthly utility invoices and billing history for all of the meters listed within this Contract
Construction documents, equipment inventories, and other documents that may be helpful in
evaluating a cause for adjustment as listed within this Contract
Any data from meters or sub-meters relevant to M&V associated with this Contract
City will be solely responsible for providing communications and/or network interface to all buildings for
operation and PASS support.
City will perform daily facilities monitoring and promptly review any alarm summaries.
City will designate a “Primary Operator” of the system. The Primary Operator is defined as the individual
who will be trained by Design/Builder during the installation period and will be responsible for daily operation
and maintenance of the equipment and systems necessary to achieve the Performance Guarantee. City
will notify Design/Builder within five (5) days after the departure or termination of the Primary Operator.
Within ten (10) days of the departure of the current Primary Operator, City will designate a new Primary
Operator and shall provide Design/Builder access to train the new Primary Operator. Design/Builder shall
train a new Primary Operator at the sole expense of City on a time and materials basis.
MAINTENANCE RESPONSIBILITIES
City agrees to use its best efforts to maintain the ECMs in original operating condition (“Original Operating
Condition”) with allowance for normal wear and tear. If an ECM is operating at any state other than the
Original Operating Condition as defined above (“Failed ECM”), City agrees to (1) repair or replace the ECM
immediately, and (2) contact a PASS representative at 1-800-274-5551, within twenty-four (24) hours of
such event. Design/Builder reserves the right to adjust the amount of Performance Guarantee associated
with the Failed ECM for the duration of the failure in the Annual Savings Guarantee.
City will agree to maintain all parts of the Project site(s) where the ECM(s) reside including but not limited
to components, equipment, machinery, energy management systems, structure of the facility(s), computer
hardware, network, and IT systems, either existing or newly installed. City must comply with the general
maintenance requirements specified by equipment manufacturers and the maintenance tasking guidelines
included in the operating and maintenance manual. City will be responsible to, provide to Design/Builder
documentation that proper maintenance has been performed at Design/Builder’s request within fifteen (15)
days of written request.
ITEM 6
General
ATTACHMENT B
Notwithstanding anything to the contrary contained herein, all ECM(s) must be maintained in proper working
condition, in all cases where the performance of said ECM(s) affects or could affect the ability to achieve,
measure, or verify the Annual Savings Guarantee. Should City refuse to perform the required maintenance
as required in this Contract, Design/Builder and City shall agree to one of the following means of recourse:
(1) Design/Builder will adjust the Performance Guarantee associated with that ECM pursuant to Exhibit J,
or (2) Design/Builder may terminate this Performance Guarantee and any and all obligations and liabilities
of Design/Builder associated therewith upon fifteen (15) days written notice.
ADJUSTMENT RESPONSIBILITIES
In addition to the responsibilities of City set forth in this Exhibit, City also agrees to undertake the
responsibilities set forth in the Adjustment Schedule Is necessary.
ADJUSTMENT SCHEDULE
Below is the procedure for accounting for non-routine adjustments for any of the utility meters included in
Exhibit I. A non-routine adjustment is required for any change outside of those explicitly defined in Exhibit I
that will impact the energy use or the verified savings under this Contract. It is City’s responsibility to notify
Design/Builder of any changes that may necessitate a non-routine baseline adjustment and to perform the
required non-routine baseline adjustment steps identified below at City’s sole expense.
CITY REQUIRED NON-ROUTINE BASELINE ADJUSTMENT RESPONSIBILITIES
If the required non-routine baseline adjustment steps are not performed, and the change is greater than the
threshold limit, savings will be determined with the Assumed Savings Procedure Adjustment, as defined
below. Actual Savings will be determined using the Assumed Savings Procedure Adjustment for all billing
periods until the required non-routine baseline adjustment steps have been completed, or until the change
which necessitated the non-routine baseline adjustment is no longer in place. If City fails to notify
Design/Builder of a change necessitating a non-routine baseline adjustment or fails to provide details of the
change, savings will be determined with the Assumed Savings Procedure Adjustment.
If the required non-routine baseline adjustment steps are not performed, and the change is less than the
threshold limit, savings will be determined with the “Estimated Savings Procedure Adjustment”. Actual
Savings will be determined using the Estimated Savings Procedure Adjustment for all billing periods until
the required non-routine baseline adjustment steps have been completed, or until the change which
necessitated the non-routine baseline adjustment is no longer in place.
1. Addition of New Building or New Energy User
• All utility services to the building or energy user which affect the energy use of any meter included
in Exhibit I must be sub-metered at City’s expense.
• Threshold limit: the lesser of ten percent (10%) of the area served by any affected meter, as defined
in Exhibit I or 20,000 ft2.
2. Addition to Existing Building
• All utility services to the addition which affect the energy use of any meter included in Exhibit I must
be sub-metered at City’s expense.
• Threshold limit: the lesser of ten percent (10%) of the area served by any affected meter, as defined
in Exhibit I or 20,000 ft2.
3. Renovation / Modification to Existing Building or Utility Service
• All utility services for the affected portion of the building must be sub-metered before and after the
change until the effect on the energy consumption has been determined at City’s expense.
• Threshold limit: the lesser of ten percent (10%) of the area served by any affected meter, as defined
in Exhibit I or 20,000 ft2.
ITEM 6
General
ATTACHMENT B
4. Demolition / Abandonment of Existing Building or Utility Service
• All utility services for the affected buildings must be sub-metered before and after the change until
the effect on the energy consumption has been determined at City’s expense.
• Threshold limit: the lesser of ten percent(10%) of the area served by any affected meter, as defined
in Exhibit I or 20,000 ft2.
5. Re-commissioning of Out of Service Building
• All utility services for the affected buildings must be sub-metered before and after the change until
the effect on the energy consumption has been determined at City’s expense.
• Threshold limit: the lesser of ten percent (10%) of the area served by any affected meter, as defined
in Exhibit I or 20,000 ft2.
6. Change in Occupancy
• City must perform, or cause to be performed, at City’s expense, a calibrated computer simulation
to account for the change. If the impact computed by the simulation is greater than twenty percent
(20%) of the projected savings on the meter, the “Assumed Savings Procedure” listed below will
be followed. In no event will the adjusted savings be reported as less than the savings achieved in
the preceding project year.
• Threshold limit: five percent (5%) of the total occupant count in the base year.
7. Change in Schedule
• City must perform, or cause to be performed, at City’s expense, a calibrated computer simulation
to account for the change. If the impact computed by the simulation is greater than twenty percent
(20%) of the projected savings on the meter, the Assumed Savings Procedure will be followed. In
no event will the adjusted savings be reported as less than the savings achieved in the preceding
project year.
• Threshold limit: five percent (5%) of the total scheduled hours for the meter as defined in Exhibit I.
8. Change in Set-points
• City must perform, or cause to be performed, at City’s expense, a calibrated computer simulation
to account for the change. If the impact computed by the simulation is greater than twenty percent
(20%) of the projected savings on the meter, the Assumed Savings Procedure will be followed. In
no event will the adjusted savings be reported as less than the savings achieved in the preceding
project year.
• Threshold limit: An average of 0.5° from the set-points defined in Exhibit I.
9. Change in Operational Calendar
• City must perform, or cause to be performed, at City’s expense, a calibrated computer simulation
to account for the change. If the impact computed by the simulation is greater than twenty percent
(20%) of the projected savings on the meter, the Assumed Savings Procedure will be followed. In
no event will the adjusted savings be reported as less than the savings achieved in the preceding
project year.
• Threshold limit: five percent (5%) of the total scheduled hours for the meter as defined in Exhibit I.
10. Change in Plug Load
• City must perform, or cause to be performed, at City’s expense, a simulation of energy impact to
account for the change. If the computed impact is greater than twenty percent (20%) of the
projected savings on the meter, the Assumed Savings Procedure will be followed. In no event will
the adjusted savings be reported as less than the savings achieved in the preceding project year.
• Threshold limit: one percent (1%) of the base year peak 15-minute average kW for the affected
meter.
ITEM 6
General
ATTACHMENT B
11. City Initiated ECMs
• City must develop and execute an M&V plan at City’s expense, which has been reviewed and
approved by Design/Builder, to evaluate the impact of the change. If the impact determined by the
M&V plan is greater than twenty percent (20%) of the projected savings on the meter, the Assumed
Savings Procedure will be followed. In no event will the adjusted savings be reported as less than
the savings achieved in the preceding project year.
• Threshold limit: two percent (2%) of the projected savings on any affected meter.
12. Missing Bills
• City is required to provide Design/Builder with utility bills for meters defined in Exhibit I within ten
(10) days of receipt of each bill or provide Design/Builder direct access to retrieve the utility bills
electronically. If utility bills are not received by Design/Builder within sixty (60) days of the end of
the service date, the Assumed Savings Procedure will be used.
13. Failure to Operate ECMs According to Operational and Design Intent
• City agrees to operate the ECMs according to the Operational and Design Intent of the ECMs.
Failure to do so will necessitate a baseline adjustment using the Assumed Savings Procedure.
14. Failure to Perform Project Specific City Responsibilities
• City agrees to perform the project specific City responsibilities as defined in Exhibit J. Failure to do
so will necessitate a baseline adjustment using the Assumed Savings Procedure.
15. Other Causes
• Any change that impacts the energy use on the meters defined in Exhibit I that does not fit into any
of the other categories may still require a non-routine baseline adjustment. City will notify
Design/Builder before any change is made so that an agreeable adjustment strategy can be
determined. If no agreeable adjustment method can be reached, the Assumed Savings Procedure
will be used.
ASSUMED SAVINGS PROCEDURE ADJUSTMENT
•
•
•
If the Actual Savings for the affected meter(s) in the prior Guarantee Year are greater than or equal
to the projected savings for the affected meter(s), the Actual Savings from the prior Guarantee Year
will be reported while savings are assumed for the affected meter(s).
If the Actual Savings for the affected meter(s) in the prior Guarantee Year are less than the
projected savings for the affected meter(s) and there have been less than twenty-four (24) months
since the commencement of the Performance Period, Actual Savings will be reported at the
projected savings level while savings are assumed for the affected meter(s).
If the Actual Savings for the affected meter(s) in the prior Guarantee Year are less than the
projected savings for the affected meter(s) and there have been twenty-four (24) months or more
since the commencement of the Performance Period, Actual Savings will be reported as the
average of the achieved savings over the two (2) most recent Guarantee Year plus half (1/2) of the
difference between the projected savings and the average of the achieved savings over the two (2)
most recent Guarantee Years.
o If pursuant to the Assumed Savings Procedure, Design/Builder makes improvements to the
Project beyond the original scope as defined in Exhibit D Construction Scope of Work., which
results in an increase in the Actual Savings, an M&V plan accounting for those improvements
will be executed and the resulting savings will be added to the Actual Savings.
ESTIMATED SAVINGS PROCEDURE ADJUSTMENT
•
At Design/Builder’s sole discretion, Design/Builder will estimate the impact of the change using
computerized building simulations, manual calculations, or other generally accepted estimating
procedures and may ignore any changes which fall below the threshold limit.
ITEM 6
General
ITEM 6
CITY COUNCIL
COUNCIL AGENDA REPORT
MEETING DATE:
March 23, 2026
TO:
Mayor and City Council
FROM:
Douglas D. Dunford, City Manager
CONTACT:
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
Trenton Johnson, Police Chief
[email protected], (209) 538-5725
Travis Hudson, Lieutenant
[email protected], (209) 538-5607
SUBJECT:
Resolution No. 2026-XXX, Approving a Three-Year Service
Agreement with Jay’s Tires for Upfitting Police Department
Vehicles and Authorizing the City Manager to Execute the
Agreement
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council authorize the City Manager to enter into a three-year service
agreement with Jay’s Tires for upfitting Police Department vehicles and authorizing the City
Manager to execute the agreement.
I.
BACKGROUND:
The Police Department patrol fleet has evolved to include increasingly complex electrical,
communications and safety systems. Traditionally, the City’s Fleet Department has
performed patrol vehicle upfitting in addition to its primary responsibility of maintaining
vehicles for all City departments.
The Fleet Department is currently managing a high workload with limited staffing
resources. Patrol vehicle upfitting is a labor-intensive and highly specialized process that
competes with essential fleet maintenance and repair functions.
II.
REASONS FOR RECOMMENDATION:
Jay’s Tires is owned by Jason Brown and Cody Williams. The location providing the
upfitting is located in Ceres, keeping the business revenue local. They have been
ITEM 7
providing upfitting services for the Modesto Police Department and the Stanislaus County
Sheriff’s Office. Two years ago, Jay’s upfitted our CNT Van and staff found the level of
service and workmanship to be superior.
Private patrol vehicle upfitting companies, such as Jay’s Tires, specialize exclusively in
law enforcement vehicle construction. These vendors utilize standardized designs,
dedicated technicians, and purpose-built facilities that allow patrol vehicles to be
completed in a more timely and consistent manner.
Using Jay’s Tires will reduce the time required to place new patrol vehicles into service,
improving fleet availability and operational readiness. In addition, vendor-built vehicles
typically demonstrate improved workmanship, organization of electrical systems, and
long-term reliability, resulting in fewer equipment-related issues during service life.
Transitioning this function from in-house to Jay’s Tires will reduce the operational burden
on our Fleet Department. By removing patrol vehicle responsibilities, Fleet staff will be
able to focus on preventative maintenance, repairs, and support for the City’s overall
vehicle inventory. This is particularly important given current staffing levels and workload
demands within the Fleet Department.
In conclusion, the use of Jay’s Tires for patrol vehicle upfitting provides operational
efficiencies, improved build quality and timely deployment of patrol vehicles, while
relieving workload pressures on an understaffed Fleet Department. This approach
supports both the Police Department operations and reflects responsible management of
City resources.
III.
FISCAL IMPACTS:
This agreement establishes and secures the hourly rate of $125.00 and the maximum of
$30,000 per vehicle for upfitting with Jay’s Tires. There is no fiscal impact associated with
this item at this time. Any future vehicle upfitting will be presented to City Council for
approval and will include a detailed budget appropriation outlining the cost.
IV.
EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
Approval of this agreement fulfills the strategic plan for Government Operations: “Provide
quality services to meet community needs, assuring that the City has…properly
equipped…staff.”
V.
POLICY ALTERNATIVES:
Council could choose not to approve this service agreement. Staff would then continue
to use in-house patrol vehicle upfitting which will result in delays in patrol vehicle
deployment and added strain on the Fleet Department staff.
VI.
INTERDEPARTMENTAL COORDINATION:
This transition was coordinated with the Fleet Department, Finance Department, IT
Department, and the City Manager. It was determined that the Fleet Department will
continue to research and purchase Police Department vehicles, and the IT Department
ITEM 7
will continue to install and maintain the in-vehicle computers and associated
equipment.
VII.
PUBLIC PARTICIPATION:
N/A
VIII.
ENVIRONMENTAL REVIEW:
N/A
IX.
STEPS FOLLOWING APPROVAL:
Following Council approval, the Service Agreement will be routed through the City Clerk’s
office for the appropriate signatures.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Agreement
ITEM 7
ITEM 7
ATTACHMENT A
RESOLUTION NO. 2026-XXX
APPROVING A THREE-YEAR SERVICE AGREEMENT WITH JAY’S TIRES
FOR UPFITTING POLICE DEPARTMENT VEHICLES AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres Police Department relies on a safe, reliable, and fully
equipped patrol vehicle fleet to effectively provide public safety services to the community; and
WHEREAS, the patrol fleet has evolved to include increasingly complex electrical,
communications and safety systems; and
WHEREAS, the City of Ceres Fleet Department is currently managing a high workload
with limited staffing resources; and
WHEREAS, Patrol vehicle upfitting is a labor-intensive and highly specialized process
that competes with essential fleet maintenance and repair functions; and
WHEREAS, qualified private patrol vehicle upfitting vendors specialize in law
enforcement vehicle construction and are able to complete vehicle builds in a timely, consistent
and high-quality manner; and
WHEREAS, utilizing Jay’s Tires to upfit our vehicles will improve the efficiency of patrol
vehicle deployment, enhance build quality and reliability, and all the Fleet Department personnel
to focus on core maintenance and repair responsibilities; and
WHEREAS, all future vehicle upfit projects to be paid for through this agreement will be
brought before the Council for approval, including the required budget appropriation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres
hereby approves a three-year service agreement with Jay’s Tires for upfitting Police Department
vehicles and authorizes the City Manager to execute the agreement.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held
on 23rd day of March 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
______________________________________
Javier Lopez, Mayor
ATTEST:
______________________________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and
entered into this 23rd day of March, 2026 (the “Effective Date”), by and between the City of Ceres,
a California municipal corporation (“City”), and Jay’s Tires, a California corporation
(“Professional”). City and Professional may herein be referred to individually as a “Party” and
collectively as the “Parties.” There are no other parties to this Agreement.
RECITALS
A.
City seeks to hire an independent contractor to perform vehicle build out services
for the City of Ceres Police Department (the “Project”)
B.
Professional has submitted a proposal to City to provide such professional services.
A description of the services Professional proposes to provide (“Services”) is attached hereto as
Exhibit A: Services. City desires to retain Professional to perform the Services, subject to the
terms and conditions set forth in this Agreement.
C.
The Parties have outlined the rates and method of payment to Professional for its
performance of the Services under this Agreement, which shall be included in the Scope of
Services in Exhibit A.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below, the Parties agree as follows:
AGREEMENT
Section 1.
Recitals. The recitals set forth above (“Recitals”) are true and correct and are
hereby incorporated into and made part of this Agreement by this reference. In the event of any
inconsistency between the Recitals and Sections 1 through 32 of this Agreement, Section 1 through
32 shall prevail.
Section 2.
Term. The term of this Agreement shall be three years and will commence on
March 2 3 , 2026, and terminate on March 22, 2029 (“Term”) unless the Term is extended or
the Agreement is terminated earlier pursuant to this Agreement.
Section 3.
Extension of Agreement. City may elect to extend this Agreement for two (2)
additional years, on the same terms and conditions, upon issuing an “Election to Extend
Agreement” letter executed by the City Manager to Professional thirty (30) days prior to the
expiration of this Agreement.
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 1 of 18
ITEM 7
ATTACHMENT B
Section 4.
Work.
4.1.
CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses,
bonds and insurance necessary to perform and complete the required work as specified below and
in strict accordance with the conditions of the complete agreement.
CONTRACTOR shall do and perform the work contemplated hereby in a good
workman-like manner under the direction of and to the satisfaction of the CITY representative.
CONTRACTOR shall maintain proper insurance with the CITY for the duration of
the AGREEMENT.
CONTRACTOR shall maintain a CITY business license for the duration of the
AGREEMENT.
CONTRACTOR shall furnish said services at the following AGREEMENT rates.
AGREEMENT PRICING
1
2
STANDARD ORDER PARTS1
Minimum Discount Off List Price
SPECIAL ORDER PARTS2
Minimum Discount Off List Price
LABOR RATES (per hour)
Pickup/Delivery/Travel
Custom Box Fabrication
Law Enforcement/Small Vehicle Upfitting/Strip-Outs
Shop Rate
Fabrication
Mobile Service
Vehicle Down/Emergency
20%
20%
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
“Standard-Order Parts” refers to parts from manufacturers for whom the contractor is a licensed reseller.
“Special Order Parts” refers to parts from manufacturers for whom the contractor is not a licensed reseller.
4.2.
Services. Subject to the terms and conditions set forth in this Agreement,
Professional shall provide City the Services described in Exhibit A. If any conflicts exist between
the terms of this Agreement and Exhibit A, the terms of this Agreement shall control. Any request
for Services not included in Exhibit A will be considered a request for additional or modified
Services (“Modification” or “Modifications”). Professional shall not receive additional
compensation for any Modification of the Services unless the Parties agree otherwise in a writing
executed by both Parties.
4.3.
City Requested Modification of Services. City may, by written order, authorize
Modifications to the Services described in Exhibit A. If such Modifications cause an increase in
the cost or time required for performance of Professional’s Services, the Parties shall enter into a
written amendment to this Agreement to adjust the Services and the rates to be paid to Professional.
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 2 of 18
ITEM 7
ATTACHMENT B
The Services shall not be revised unless City and Professional mutually agree to a written
amendment to this Agreement reflecting such revisions, additional compensation, time for
performance, or such other terms or conditions mutually agreed upon by the Parties.
4.4.
Professional Requested Modification in Services. Professional shall not be
compensated for work outside the Services described in this Agreement, unless, prior to the
commencement of the Services:
(a)
Professional provides City with written notice that specific work requested
by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
(i) be supported by substantial evidence that the work is outside the Services; and (ii) set forth the
Professional’s proposed course of action for completing the work and a specific request for City
to approve the Modification to the Services; and
(b)
City agrees that the work requires a Modification;
(c)
The Parties execute a written amendment to this Agreement describing any
Modification. Compensation for any additional Services shall not exceed One hundred twenty five
Dollars ($125.00) per hour.
Section 5.
Compensation.
5.1.
Amount, Time, and Manner of Payment for Professional Services. City shall
pay Professional according to the rates and timing set forth in Exhibit A. City’s total compensation
to Professional shall not exceed thirty thousand Dollars ($30,000.00) (“Maximum Payment”) per
vehicle unless the Parties mutually agree in writing otherwise. Professional hereby acknowledges
that it accepts the risk that the services to be provided pursuant to the Scope of Services may be
more costly or time consuming than Professional anticipates and that Professional shall not be
entitled to additional compensation unless agreed otherwise by the Parties.
5.2.
Subsequent Payments. City shall make monthly payments in the amount invoiced
by Professional within thirty (30) calendar days of receiving such invoice. In the event that an
amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the
dispute and may withhold the amount which is in dispute until the dispute has been resolved.
5.3.
Invoices. Professional shall provide City with monthly invoices sufficiently
evidencing Professional’s expenses and completion of the Services. All invoices furnished to City
by Professional shall be in a form approved by City. The payments specified shall be the only
payments made to Professional for performance of the Services, including compensation for any
Modification. Professional shall submit all billings for Services to City within forty-five (45) days
of the performance of such Services. City shall issue payment according to City’s customary
procedures and practices for issuing payments to independent contractors.
5.4.
Reimbursement. City shall pay Professional for reimbursable expenses specified
in Exhibit A incurred related to Professional’s performance of the Services. Such reimbursable
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 3 of 18
ITEM 7
ATTACHMENT B
costs shall be invoiced and billed to City on a monthly basis, provided that in no event shall
reimbursable expenses exceed thirty thousand Dollars ($30,000.00) per vehicle.
Section 6.
Notice to Proceed. Professional shall not commence the performance of the
Services until it has been given notice by City (“Notice to Proceed”).
Section 7
Time of Performance. Professional will commence performance of the Services
within seven (7) calendar days of the date the Notice to Proceed. The time of performance is a
material term of this Agreement relied on by City in entering into this Agreement.
Section 8.
Professional’s Resources. Professional shall, at its sole cost and expense, furnish
all facilities, equipment, materials, information, personnel, and administrative assistance which
may be required to perform its obligations under this Agreement, with the exception of items of
City assistance specified in Exhibit A.
Section 9.
Duties of City. In order to permit Professional to render the services required
hereunder, City shall, at its expense and in a timely manner: (a) Provide such information as
Professional may reasonably require to undertake or perform the Services; (b) Promptly review
any and all documents and materials submitted to City by Professional in order to avoid
unreasonable delays in Professional’s performance of the Services; and (c) Promptly notify
Professional of any fault or defect in the performance of Professional’s services hereunder.
Section 10. Time and Personnel Devoted to Services. Professional shall devote such time and
personnel to the performance of this Agreement, as is necessary to perform the Services in
compliance with this Agreement.
Section 11. Performance by Qualified Personnel; No Subcontracting. Services under this
Agreement shall be performed only by competent personnel under the supervision and direct
employment of Professional. Professional will conform with City’s reasonable requests regarding
assignment of personnel, but all personnel, including those assigned at City’s request, shall be
supervised by Professional. Professional is prohibited from subcontracting this Agreement or any
part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall,
on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An
agreement made in violation of this provision shall confer no rights on any Party and shall be null
and void.
Section 12. Representations of Professional. City relies upon the following representations
by Professional in entering into this Agreement:
12.1. Qualifications. Professional represents that it is qualified to perform the Services
provided in Exhibit A and that it possesses the necessary licenses and permits required to perform
the Services or will obtain such licenses or permits prior to the time such licenses or permits are
required. Professional shall also ensure that all subcontractors are similarly licensed and qualified.
Professional represents and warrants to City that Professional shall, at Professional's sole cost and
expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses,
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 4 of 18
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ATTACHMENT B
permits, and approvals which are legally required for Professional to practice Professional's
profession at the time the Services are rendered.
12.2. Professional Performance. Professional represents that all Services under this
Agreement shall be performed in a manner consistent with the professional skill and care ordinarily
provided by consultants practicing in the same or similar locality under the same or similar
circumstances. Professional shall perform its services as expeditiously as is consistent with such
professional skill and care and as necessary for the orderly progress of the Project. Professional
agrees that, if a Service is not so performed, in addition to all of its obligations under this
Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no
additional expense to City.
12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt
thereof by Professional, or any inspection, review, approval or oral statement by any representative
of City, or state certification shall not, in any way, waive, limit, or replace any certification or
approval procedures normally required or lessen the liability of Professional to re-perform or
replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory
character of such Service may not have been apparent or detected at the time of such payment,
inspection, review or approval.
12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver
or limitation of any right or remedy, whether in equity or at law, which City or Professional may
have under this Agreement or any applicable law. All rights and remedies of City, whether under
this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest. Professional represents that no conflict of interest will be
created under state or federal law by entering into or in carrying out this Agreement.
Section 13. Conformity with Law and Safety. Professional shall observe and comply with all
applicable laws, ordinances, codes, regulations, and permits of governmental agencies, including
federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope
of Services, including all provisions of the Occupational Safety and Health Act of 1979 as
amended, all California Occupational Safety and Health Regulations, the California Building
Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other
applicable federal, state, municipal and local safety regulations, appropriate trade association
safety standards, and appropriate equipment manufacturer instructions. All Services performed by
Professional must be in accordance with these laws, ordinances, codes, and regulations, including
the administrative policies and guidelines of City pertaining to the work. Professional’s failure to
comply with any laws, ordinances, codes, or regulations applicable to the performance of the
Services hereunder shall constitute a breach of contract. In cases where standards conflict, the
standard providing the highest degree of protection shall prevail.
If a death, serious personal injury, or substantial property damage occurs in connection
with the performance of this Agreement, Professional shall immediately notify City Manager by
telephone. If any accident occurs in connection with this Agreement, Professional shall promptly
submit a written report to City, in such form as City may require. This report shall include the
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 5 of 18
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ATTACHMENT B
following information: (a) Name and address of the injured or deceased person(s); (b) Name and
address of Professional's subcontractor, if any; (c) Name and address of Professional's liability
insurance carrier; and (d) A detailed description of the accident, including whether any of City's
equipment, tools or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the
performance of this Agreement, Professional shall immediately notify City Manager.
Section 14. Contact by Professional with Project Owner or Project Applicant. Unless
otherwise set forth in the Services, neither Professional nor Professional's subcontractors shall
directly contact the owner of the property involved in the Project or any party who is the applicant
for the Project (“Interested Party”), or an employee or contractor of an Interested Party, on any
matter relating to the Project without the prior consent of City. In no event shall Professional take
any instructions or directions from an Interested Party on any matter pertaining to the
Professional's Services to be performed for City under this Agreement.
Section 15. Confidentiality. Professional understands and agrees that, in the performance of
Services under this Agreement or in the contemplation thereof, Professional may have access to
private or confidential information that may be owned or controlled by City and that such
information may contain proprietary or confidential details, the disclosure of which to third parties
may be damaging to City (“Confidential Information”).
Professional shall not, either during or after the Term, disclose to any third party any
Confidential Information without the prior written consent of City. If City gives Professional
written authorization to make any such disclosure, Professional shall do so only within the limits
and to the extent of that authorization. Professional may be directed or advised by the City’s
General Counsel on various matters relating to the performance of the Services on the Project or
on other matters pertaining to the Project and, in such event, Professional agrees that it will treat
all communications between itself, its employees and its subcontractors as being communications
which are within the attorney-client privilege.
Notwithstanding the foregoing, Professional may disclose Confidential Information
required to be disclosed under law, provided that, prior to disclosure, Professional shall first give
notice to City and make a reasonable effort to obtain a protective order requiring that City’s
Confidential Information not be disclosed. This exception is limited to the extent disclosure is
required under law.
Section 16. Ownership of Work Product. Any and all work, artwork, copy, posters,
billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs,
specifications, drawings, diagrams, surveys, source codes, professional or technical information
or data, photographs, notes, letters, emails or any original works of authorship created by
Professional or its subcontractors or subcontractors in connection with Services performed under
this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States
Code, and all copyrights in such works are the property of City. In the event it is ever determined
that any Product created by Professional or its subcontractors, or subcontractors under this
Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
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ATTACHMENT B
such Products to City. With the prior written approval of City’s point of contact for the Project,
Professional may retain and use copies of such Products for reference and as documentation of its
experience and capabilities.
All Products shall become the property of City irrespective of where located or stored, and
Professional agrees to deliver all such documents and information to City, without charge and in
whatever form it exists, on the completion of the Professional's Services hereunder. Professional
shall have no ownership interest in such Products.
All work product of Professional under this Agreement, including written information which
City will cause to be distributed for either internal or public circulation, including both preliminary
and final drafts, shall be delivered to City in both printed and electronic form, or as may be
specified in Exhibit A.
Upon the conclusion of the Term or in the event of Termination of this Agreement,
Professional agrees, at its expense and in a timely manner, to return to City all documents,
drawings, photographs and other written or graphic material, however produced, that it received
from City, its contractors, or agents, in connection with the performance of its Services under this
Agreement. All materials shall be returned in the same condition as received.
Section 17. Assignment Prohibited. No Party to this Agreement may assign any right or
obligation pursuant to this Agreement. Any attempt or purported assignment of any right or
obligation pursuant to this Agreement shall be void and of no effect.
Section 18. Excusable Delays; Notice to Other Party of Delay. Professional shall not be in
breach of this Agreement in the event that performance of Services is temporarily interrupted or
discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil
disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides,
fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond
the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial
inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from
other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of
any public utility where such failure is due solely to the acts or omissions of the Professional.
Section 19. Suspension of Services by City. City reserves the right to suspend Professional's
Services under this Agreement when City determines that it is necessary to do so. When possible,
City shall give Professional notice of such suspension and Professional shall, upon receipt of said
notice, suspend all Services except any Services, the completion of which is authorized by the
notice given by City. If the Services are suspended by City for more than sixty (60) consecutive
days, for reasons other than the fault of the Professional, the Professional shall be compensated for
Services performed prior to notice of such suspension. When the Project is resumed, the
Professional's compensation shall be equitably adjusted by City to provide for expenses incurred
by the interruption of the Services. In this regard, Professional shall furnish to City such financial
information that, in the judgment of the City Manager, is necessary to determine the reasonable
value of the Services rendered by Professional during the period when Services were suspended.
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
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ATTACHMENT B
Section 20. Termination of Work by City for Its Convenience. City shall have the right to
terminate this Agreement at any time for its convenience by giving notice of such termination to
Professional (“Termination”). In the event City shall give such notice of termination, Professional
shall cease rendering Services upon receipt of said notice given as required in this Agreement. If
City terminates this Agreement:
(a)
Agreement.
Professional shall deliver copies of all Products prepared by it pursuant to this
(b)
If City terminates this Agreement for convenience before City issues the Notice to
Proceed to Professional or before Professional commences any Services hereunder, whichever last
occurs, City shall not be obligated to make any payment to Professional. If City terminates this
Agreement after City has issued the Notice to Proceed to Professional and after Professional has
commenced performance under this Agreement, City shall pay Professional the reasonable value
of the Services rendered by Professional pursuant to this Agreement prior to termination of this
Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits
had Professional completed the Services. Professional shall furnish to City such financial
information that, in the judgment of the City Manager, is necessary to determine the reasonable
value of the Services rendered by Professional prior to termination.
(c)
Except as provided in this Agreement, in no event shall City be liable for costs
incurred by or on behalf of Professional after the date of the notice of termination.
(d) Notwithstanding this Section, this Agreement may be terminated by City for cause
based on the loss or suspension of any licenses, permits or registrations required for the continued
provision of the Services, or Professional’s malfeasance. Termination of the Agreement for cause
as set forth in this Section shall relieve City from compensating Professional.
Section 21. Assurance of Performance. If, at any time, City believes Professional may not be
adequately performing its obligations under this Agreement or may fail to complete the Services
as required by this Agreement, City may submit a written request to Professional for written
assurances of performance and a plan to correct observed deficiencies in Professional's
performance. Failure to provide written assurances subsequent to such written request, constitutes
grounds to declare a breach under this Agreement.
Section 22. Cancellation for Breach by Either Party. Should either Party fail to substantially
perform its obligations in accordance with the provisions of this Agreement, the other Party shall
thereupon have the right to cancel the Agreement by giving written notice and specifying the
effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently
determined that Professional did not fail to substantially perform its obligations in accordance with
this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination
for convenience.
Neither Party waives the right to recover damages against the other for breach of this
Agreement, including any amount necessary to compensate City for all detriment proximately
caused by Professional's failure to perform its obligations hereunder or which in the ordinary
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 8 of 18
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ATTACHMENT B
course of things would be likely to result therefrom. City reserves the right to offset such damages
against any payments owed to Professional.
City shall not in any manner be liable for Professional's actual or projected lost profits had
Professional completed the Services required by this Agreement.
Section 23. Dispute Resolution. In the event of any dispute between the Parties to this
Agreement, the Parties agree to first negotiate in good faith toward a resolution with participation
by representatives of each party holding sufficient authority to resolve the dispute. If such dispute
cannot be resolved within fifteen (15) business days, the dispute shall be submitted to mediation
as a condition precedent to initiating formal litigation.
Section 24. Insurance Coverage. During the Term, the Professional shall maintain in full force
and effect policies of insurance set forth herein, which shall be placed with insurers with a current
A M Best’s rating of no less than A VII and will provide City with written proof of said insurance.
Professional shall maintain coverage as follows:
24.1. General Liability. Professional shall carry general liability insurance in the
amount of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury,
and property damage. If commercial general liability insurance or another form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this Project or
the general aggregate shall be Two Million Dollars ($2,000,000.00).
24.2. Workers’ Compensation Insurance and Employer's Liability. Professional
shall carry workers’ compensation insurance as required by the State of California under the Labor
Code. Professional shall also carry employer’s liability insurance in the amount of One Million
Dollars ($1,000,000.00) per accident, with a One Million Dollar ($1,000,000.00) policy limit for
bodily injury by disease, and a One Million Dollar ($1,000,000.00) limit for each employee’s
bodily injury by disease.
24.3. Errors and Omissions Liability. Professional shall carry errors and omissions
liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or
greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions
must be declared to and approved by City. At the option of the City, either the insurer shall reduce
or eliminate such deductibles or self-insured retentions with respect to the City, elected and
appointed councils, commissions, directors, officers, employees, agents, and representatives
(“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claims administration and defense
expenses.
24.4. Commercial Automobile Liability. Professional shall carry commercial
automobile liability insurance in the amount of One Million Dollars ($1,000,000) or greater per
occurrence for owned, leased, hired, and borrowed automobiles.
24.5. Waiver of Subrogation. With the exception of errors and omissions liability
insurance, Professional hereby agrees to waive subrogation which any insurer of Professional may
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 9 of 18
ITEM 7
ATTACHMENT B
acquire from Professional by virtue of the payment of any loss. The commercial general liability
policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in
favor of City for all work performed by Professional, its agents, employees, independent
contractors, and subcontractors. Professional agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation.
Section 25. Additional Insurance Requirements. Within five (5) days of the commencement
of the Term, Professional shall provide City with certificates of insurance for all of the policies
required under this Agreement (“Certificates”), excluding the required workers’ compensation
insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional
shall be responsible for providing updated copies and notifying City if a policy is cancelled,
suspended, reduced, or voided. With the exception of the workers’ compensation and errors and
omissions liability insurance, all of the insurance policies required in this Agreement shall:
(a) Provide that the policy will not be cancelled, allowed to expire, or materially reduced
in coverage without at least thirty (30) days’ prior written notice to City of such cancellation,
expiration, or reduction and each policy shall be endorsed to state such;
(b) Name City, and City’s Agents as additional insureds with respect to liability arising out
of Services, work, or operations performed by or on behalf of Professional;
(c) Cover products and completed operations of Professional, premises owned, occupied,
or used by the Professional, or automobiles owned, leased, or hired or borrowed by the
Professional; contain no special limitations on the scope of protection afforded to City;
(d) Be primary with respect to any insurance or self-insurance programs covering City or
City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in
excess of Professional’s insurance and shall not contribute to it;
(e) Contain standard separation of insured provisions; and
(f) State that any failure to comply with reporting or other provisions of the policy including
breaches of warranties shall not affect the coverage provided to City.
Section 26. Indemnification by Professional. To the fullest extent permitted by law
(including, without limitation, California Civil Code sections 2782 and 2782.8), Professional shall
defend with legal counsel reasonably acceptable to City, indemnify and hold harmless the City and
City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without
limitation, injury to or death of an employee of Professional or its subcontractors), expense and
liability of every kind, nature and description that arise out of, pertain to or relate to acts or
omissions of Professional, or any direct or indirect subcontractor, employee, contractor,
representative or agent of Professional, or anyone that Professional controls (collectively
“Liabilities”). Such obligations to defend, hold harmless and indemnify City and City’s Agents
shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active
negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities.
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 10 of 18
ITEM 7
ATTACHMENT B
With respect to third-party claims against the Professional, the Professional waives any and all
rights of any type of express or implied indemnity against City and City’s Agents.
Section 27. Liability of City. Notwithstanding any other provision of this Agreement, in no
event shall City be liable, regardless of whether any claim is based on contract or tort, for any
special, consequential, indirect, or incidental damages, including, but not limited to, lost profits or
revenue, arising out of or in connection with this Agreement or the Services performed in
connection with this Agreement.
Section 28. Independent Contractor. At all times during the Term, Professional shall be
deemed to be an independent contractor and shall be wholly responsible for the manner in which
Professional performs the Services required under this Agreement. Professional shall be liable for
its acts and omissions and those of its employees, contractors, subcontractors, representatives,
volunteers, and its agents. Nothing contained herein shall be construed as creating an employment,
agency, or partnership relationship between City and Professional. City shall have the right to
control Professional only insofar as the result of Professional’s Services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Professional
accomplishes Services rendered pursuant to this Agreement.
Section 29. Professional Not Agent. Except as City may specify in writing, Professional shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind
City to any obligation whatsoever.
Section 30. Payment of Taxes and Other Expenses. Payment of any taxes, including
California sales and use taxes, levied upon this Agreement, the transaction, or the Services or
goods delivered pursuant hereto, shall be the obligation of Professional.
Section 31. Notices. Any notice or communication required hereunder between City and
Professional must be in writing, and may be given either personally, by registered or certified mail
(return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight
delivery. If personally delivered, a notice shall be deemed to have been given when delivered to
the Party to whom it is addressed. Notices given by registered or certified mail shall be deemed to
have been given and received on the first to occur of (a) actual receipt by any of the addressees
designated below as the party to whom notices are to be sent, (b) on the date delivered as shown
on a receipt issued by the courier, or (c) five (5) days after a registered or certified letter containing
such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If
given by Federal Express or similar courier, a notice or communication shall be deemed to have
been given and received on the date delivered as shown on a receipt issued by the courier. Any
Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto,
designate any other address in substitution of the address to which such notice or communication
shall be given. Such notices or communications shall be given to the Parties at the addresses in
this paragraph set forth below:
If to City:
City of Ceres
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 11 of 18
ITEM 7
ATTACHMENT B
Attn: City Manager
2220 Magnolia Street
Ceres, California 95307
With courtesy copies to:
White Brenner LLP
Attn: Nubia I. Goldstein
1608 T Street
Sacramento, CA 95811
If to Professional:
Jay’s Tires
Attn: Cody Williams
2940 Geer Road
Turlock, CA 95382
Section 32.
General Provisions.
A.
Modification. No alteration, modification, or termination of this
Agreement shall be valid unless made in writing and executed by all Parties.
B.
Waiver. No covenant, term, or condition or the breach thereof shall be
deemed waived, except by written consent of the Party against whom the waiver is claimed, and
any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver
of any preceding or succeeding breach of the same or any other covenant, term, or condition.
C.
Assignment. No Party shall assign, transfer, or otherwise dispose of this
Agreement in whole or in part to any individual, firm, or corporation without the prior written
consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding
upon, and inure to the benefit of, the respective successors and assigns of the Parties.
D.
Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of California.
E.
Venue. Venue for all legal proceedings shall be in the Superior Court of
California for the County of Stanislaus.
F.
Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall constitute an original and all of which shall be deemed a single
agreement.
G.
Severability. If this Agreement in its entirety is determined by a court to be
invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry
of judgment. If any provision of this Agreement shall be determined by a court to be invalid and
unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable
according to the terms of any federal or state statute, which becomes effective after the execution
of this Agreement by any Party, the remaining provisions shall continue in full force and effect
and shall be construed to give effect to the intent of this Agreement.
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 12 of 18
ITEM 7
ATTACHMENT B
H.
Audit. City shall have access at all reasonable times to all reports, contract
records, contract documents, contract files, and personnel necessary to audit and verify
Professional’s charges to City under this Agreement.
I.
Entire Agreement. This Agreement sets forth the entire understanding
between the Parties as to the subject matter of this Agreement and merges all prior discussions,
negotiations, proposal letters or other promises, whether oral or in writing.
J.
Supersedes Prior Agreement. It is the intention of the Parties hereto that
this Agreement shall supersede any prior agreements, discussions, commitments, or
representations, whether written, electronic or oral, between the Parties with respect to the subject
matter of this Agreement.
K.
Headings Not Controlling. Headings used in this Agreement are for
reference purposes only and shall not be considered in construing this Agreement.
L.
Successors and Assigns. All representations, covenants, and warranties
specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the
Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and
assigns.
M.
Interpretation. As used herein, any gender includes each other gender, the
singular includes the plural and vice versa.
N.
Mandatory and Permissive. “Shall” and “will” and “agrees” are
mandatory. “May” and “can” are permissive.
O.
Attorney’s Fees and Costs. If any action at law or in equity, including
action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the
prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the
court in the same action or in a separate action brought for that purpose, in addition to any other
relief to which such Party may be entitled.
P.
Time is of the Essence. Time is of the essence in this Agreement for each
covenant and term of a condition herein.
Q.
Authority. All Parties to this Agreement warrant and represent that they
have the power and authority to enter into this Agreement and the names, titles, and capacities
herein stated on behalf of any entities, persons, states, or firms represented or purported to be
represented by such entities, persons, states or firms and that all former requirements necessary or
required by the state or federal law in order to enter into the Agreement have been fully complied
with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms
or conditions of any other contract or agreement to which such Party is obligated, which such
breach would have a material effect hereon.
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 13 of 18
ITEM 7
ATTACHMENT B
R.
Drafting and Ambiguities. Each Party acknowledges that it has reviewed
this Agreement with its own legal counsel, and based upon the advice of that counsel, freely
entered into this Agreement. Each Party has participated fully in the review and revision of this
Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party
does not apply in interpreting this Agreement.
[Signatures on Following Page]
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 14 of 18
ITEM 7
ATTACHMENT B
IN WITNESS IilHEREOF, the Parties have executed this Agreement as of the last day and dxe
below written.
CITY:
PROFESSIONAL:
CITY OF CERES, a Califomia municipal
corporation
Jay
fornia corporation
By
r/tso,
Douglas D. Dunford. City Manager
Date
/
,/,t /2, 2{"
Dale
Approved as to Form:
Nubia I. Goldstein, City Attomey
PROFESSIONAL SERVICES AGREEMENT
City of Cer€s ond Jay's TiEs
Psge r5 of lE
ITEM 7
ATTACHMENT B
EXHIBIT A
Services
SCOPE OF WORK – LAW ENFORCEMENT VEHICLE UPFITTING
1. Project Intake & Planning
•
Vehicle inspection upon receipt (condition, mileage, baseline electrical checks).
•
Review of agency specifications, equipment lists, wiring diagrams, and operational
requirements.
•
Develop an upfitting plan including equipment layout, wiring route, power load calculations, and
safety considerations.
•
Coordination with fleet managers and command staff regarding special requirements.
2. REMOVAL & PREPARATION
•
Removal of OEM interior panels, seats, trim, headliners, and consoles as needed.
•
Preparation of mounting surfaces for equipment.
•
Installation or modification of partitions, cargo storage systems, or K-9 transport units.
3. ELECTRICAL SYSTEM INTEGRATION
•
Installation of primary and secondary power distribution systems.
•
Use of agency-approved wiring standards (proper gauge, color coding, fusing, circuit protection).
•
Battery management systems, idle reduction tech, and load-shedding systems.
•
Grounding, bonding, and surge protection.
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 16 of 18
ITEM 7
ATTACHMENT B
4. EMERGENCY LIGHTING & WARNING EQUIPMENT
•
Lightbar installation (roof, interior, low-profile as specified).
•
Front/rear/interior lights, grille lights, corner strobes, and integration of siren amplifiers.
•
Proper synchronization of flash patterns; compliance with state regulations.
•
Testing for line-of-sight visibility and electrical reliability.
5. COMMUNICATION & TECHNOLOGY SYSTEMS
•
Radios (VHF/UHF/700-800 MHz), mobile data terminals (MDTs), docking stations.
•
GPS, AVL systems, LoJack, broadband modems, routers, Wi-Fi.
•
In-car video systems (front, rear, bodycam integration).
•
External antenna installation with correct grounding and roof reinforcement.
6. CONSOLES & INTERIOR EQUIPMENT
•
Installation of center consoles, equipment racks, armrests, and organizer systems.
•
Switch panels, control heads, cup holders, and cable management.
•
Gun racks (vertical, horizontal, trunk-mounted) with secure wiring for locks.
7. VEHICLE PROTECTION SYSTEMS
•
Push bumpers, prisoner partitions, rear seat conversions, window barriers.
•
K-9 units: temperature sensors, fans, alarms, dog compartments, door pop systems.
•
Skid plates, brush guards, protective housings for sensitive electronics.
8. EXTERNAL EQUIPMENT INSTALLATION
•
Spotlights, ALPR systems, radar units.
•
License plate brackets, stealth lighting, rear deck lighting.
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 17 of 18
ITEM 7
ATTACHMENT B
•
Speaker and siren installation (grille or external mount).
9. SOFTWARE & SYSTEM PROGRAMMING
•
Programming and configuration of lighting controllers (e.g., Whelen, Code 3, Federal).
•
Radio programming (if permitted by agency).
•
Integration of MDT software, cameras, GPS, ALPR, and vehicle gateways.
•
Troubleshooting network connectivity and device interoperability.
10. QUALITY CONTROL & TESTING
•
Full system power-on diagnostics.
•
Load tests, voltage drop tests, and alternator capacity verification.
•
Operational tests for lights, sirens, cameras, radios, MDT, sensors, and K-9 systems.
•
Road test (if authorized).
11. DOCUMENTATION & DELIVERY
•
As-built wiring diagrams, equipment locations, fuse charts, serial numbers.
•
Warranty documentation and user instructions.
•
Vehicle hand-over inspection with agency personnel.
•
Post-delivery support and maintenance plans.
12. OPTIONAL ONGOING SUPPORT
•
Preventive maintenance checks.
•
Warranty service and repair.
•
Upgrades, add-ons, or reconfiguration for new missions or technology.
PROFESSIONAL SERVICES AGREEMENT
City of Ceres and Jay’s Tires
Page 18 of 18
ITEM 7
CITY COUNCIL
COUNCIL AGENDA REPORT
MEETING DATE:
March 23, 2026
TO:
Mayor and City Council
FROM:
Douglas D. Dunford, City Manager
CONTACT:
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
Trenton Johnson, Police Chief
[email protected], (209) 538-5725
Travis Hudson, Lieutenant
[email protected], (209) 538-5607
SUBJECT:
Resolution No. 2026-XXX, Approving a Budget Amendment in the
Amount of $45,427.88 for Fiscal Year 2025-26 to Appropriate COPS
(SLESF) Funds to Add Command Boxes and Upgraded Police
Radios to the Two Police Watch Commander Vehicles
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council approve a Budget Amendment in the amount of
$45,427.88 for Fiscal Year 2025-26 to appropriate COPS (SLESF) funds to add command boxes
and upgrade police radios to the two police Watch Commander Vehicles.
I.
BACKGROUND:
The City of Ceres Police Department currently utilizes two Chevrolet Tahoe vehicles as
Patrol Watch Commander units. Both vehicles are equipped with radio systems that have
reached end-of-life and are no longer serviceable. Additionally, neither vehicle has the
capability to operate the radio from the rear compartment.
At present, these vehicles lack mobile command functionality. There are no command
boxes installed in the rear workspace, no integrated screens to display UAV feeds, which
are now frequently utilized, and no systems that allow Watch Commanders to effectively
track incidents or personnel during critical incidents. There is no power to run other
needed devices or chargers.
II.
REASONS FOR RECOMMENDATION:
Police Watch Commanders (Sergeants) serve as first-line supervisors and must assume
immediate command of any critical incident occurring within the City of Ceres. In addition,
ITEM 8
they are frequently called upon to respond throughout the county to assist partner public
safety agencies with incidents ranging from major law enforcement operations and
structure fires to natural disasters such as flooding and large vegetation fires in neighboring
jurisdictions.
Our current Watch Commander vehicles are equipped with radio systems that have been
recycled from other vehicles. These radios are now at end-of-life, no longer supported by
the manufacturer, and lack the capability to operate from the rear compartment. The
proposed replacement radios incorporate updated technology, including encryption
capability when required, and dual control heads that will be mounted in both the front and
rear of the vehicle to allow operational use from either position.
At present, the rear compartment of each Watch Commander vehicle contains only a lock
box and lacks the equipment necessary to effectively manage critical incidents. The
requested mobile command center retrofit will include an integrated command box
equipped with a screen capable of displaying live UAV feeds, allowing the Watch
Commander to obtain real-time situational awareness. The unit will also include a power
inverter to support laptops, cellular phones, and other mission-critical devices. Additional
features include secured storage for a drone and a secondary lock box for controlled
equipment.
This retrofit will provide Watch Commanders with the necessary tools to effectively manage
critical incidents and maintain reliable communication. The mobile command units are
modular and can be removed and reinstalled in future Watch Commander vehicles,
ensuring long-term usability and cost efficiency.
The vehicles to be retrofitted are Vehicle 203 and Vehicle 228. The retrofitting will be
completed by BWE 209 / Jay’s Tires.
III.
FISCAL IMPACTS:
Funding for the retrofitting of the two Watch Commander vehicles with mobile command
centers and upgraded radio systems will be provided through the COPS (SLESF) Fund.
Approval of this item will require a budget amendment to appropriate $45,427.88 to
account 29610.051100. Sufficient fund balance is available in the COPS (SLESF) Fund
to support this amendment. No General Fund monies will be required.
The total requested amount for this project is $45,427.88 and is broken down as
follows:
•
$25,837.93 – Retrofitting of two Watch Commander vehicles with mobile command
center units, including integrated UAV display screens (see Attachment C).
•
$19,589.95 – Police radio systems for two Watch Commander vehicles (see
Attachment D).
ITEM 8
IV.
EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
Approval of these retrofits to the Watch Commander vehicles fulfills the strategic plan for
Government Operations: “Provide quality services to meet community needs, assuring that
the City has…properly equipped…staff.”
V.
POLICY ALTERNATIVES:
Council could choose not to approve these vehicle retrofits. The Sergeants will continue
to use existing vehicles as they are.
VI.
INTERDEPARTMENTAL COORDINATION:
These retrofits will be coordinated between the Fleet Services Department, Finance
Department, IT Department, and the Police Department.
VII.
PUBLIC PARTICIPATION:
N/A
VIII.
ENVIRONMENTAL REVIEW:
N/A
IX.
STEPS FOLLOWING APPROVAL:
Following Council approval, the Motorola Radio Quote will be routed through the City
Clerk’s office for the appropriate signatures, and the Finance Director will implement the
Budget Amendment.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Budget Amendment
3. Attachment C – Upfitting Quote
4. Attachment D – Radio Quote
ITEM 8
ITEM 8
ATTACHMENT A
RESOLUTION NO. 2026-XXX
APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $45,427.88 FOR
FISCAL YEAR 2025-26 TO APPROPRIATE COPS (SLESF) FUNDSTO ADD
COMMAND BOXES AND UPGRADED POLICE RADIOS TO THE TWO WATCH
COMMANDER POLICE VEHICLES
THE CITY COUNCIL
City of Ceres
WHEREAS, the Police Department has two Chevrolet Tahoe vehicles that are
assigned as Patrol Watch Commander units; and
WHEREAS, both of these vehicles are equipped with radio systems that have
reached end-of-life, are no longer serviceable and do not have the capacity to operate from
the rear compartment; and
WHEREAS, both of these vehicles also lack mobile command functionality, including
no command boxes in the rear workspace, no integrated screens to display UAV feeds, no
power to run needed devices and chargers, and no systems that allow Watch Commanders
to effectively track incidents or personnel during critical incidents; and
WHEREAS, the retrofit of these vehicles will include units that are modular and can
be removed and installed in future Watch Commander vehicles, ensuring long-term usability
and cost efficiency; and
WHEREAS, approval of this project requires a budget amendment to appropriate
$45,427.88 to account 29610.051100, and sufficient fund balance is available to support
this amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres
hereby approves a budget amendment in the amount of $45,427.88 for Fiscal Year 2025-26
to appropriate COPS (SLESF) funds to add command boxes and upgraded police radios to
the two Watch Commander police vehicles.
BE IT FURTHER RESOLVED that 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 23rd day of March 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
______________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8
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 8
ITEM 8
ATTACHMENT C
ITEM 8
ITEM 8
QUOTE-3474567
ATTACHMENT D
CERES, CITY OF
Sgt. Vehicle APX8500 DH (2) Vehicular Chargers (2)
01/26/2026
The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity
providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be
disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license.
All other
ITEM
8 trademarks are
the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved.
ATTACHMENT D
QUOTE-3474567
01/26/2026
CERES, CITY OF
2727 THIRD ST., POLICE DEPARTMENT
CERES, CA 95307
RE: Motorola Quote for Sgt. Vehicle APX8500 DH (2) Vehicular Chargers (2)
Dear Dave McCann,
Motorola Solutions is pleased to present CERES, CITY OF with this quote for quality communications equipment and
services. The development of this quote provided us the opportunity to evaluate your requirements and propose a
solution to best fulfill your communications needs.
This information is provided to assist you in your evaluation process. Our goal is to provide CERES, CITY OF with the
best products and services available in the communications industry. Please direct any questions to Nathan
Tran at [email protected].
We thank you for the opportunity to provide you with premier communications and look forward to your review and
feedback regarding this quote.
Sincerely,
Nathan Tran
Motorola Solutions Manufacturer's Representative
ITEM 8
ATTACHMENT D
QUOTE-3474567
Sgt. Vehicle APX8500 DH (2)
Vehicular Chargers (2)
Billing Address:
CERES, CITY OF
2727 THIRD ST., POLICE
DEPARTMENT
CERES, CA 95307
US
Quote Date:01/26/2026
Expiration Date:03/27/2026
Quote Created By:
Nathan Tran
[email protected]
End Customer:
CERES, CITY OF
Dave McCann
[email protected]
209-595-6068
Summary:
Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms
and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents.
Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms.
Line #
Item Number
Description
Qty
List Price
Sale Price
Ext. Sale Price
APX™ 8500
1
M37TSS9PW1CN
APX8500 ALL BAND MP
MOBILE
2
$6,558.00
$4,787.34
$9,574.68
1a
GA00250AA
ADD: GNSS/BT-WIFI THRU
MNT ANT, 17FT LOW LOSS
PFP-100A/240, QMA
2
$118.00
$86.14
$172.28
1b
HA00694AA
ADD: 7Y ESSENTIAL SERVICE
HTM
2
$604.80
$604.80
$1,209.60
1c
GA01513AB
ADD: ALL BAND MOBILE
ANTENNA (7/8/V/U)
2
$112.00
$81.76
$163.52
1d
G51AT
SOFTWARE LICENSE
ENH:SMARTZONE
2
$1,766.00
$1,289.18
$2,578.36
1e
GA05508AA
DEL: DELETE VHF BAND
2
-$800.00
-$584.00
-$1,168.00
1f
GA05509AA
DEL: DELETE UHF BAND
2
-$800.00
-$584.00
-$1,168.00
1g
B18CR
ADD: AUXILIARY SPKR 7.5
WATT APX
4
$71.00
$51.83
$207.32
1h
G843AH
ADD: AES ENCRYPTION AND
ADP
2
$560.00
$408.80
$817.60
1i
G444AH
ADD: APX CONTROL HEAD
SOFTWARE
2
$0.00
$0.00
$0.00
1j
G67EH
ADD: REMOTE MOUNT E5 MP
2
$350.00
$255.50
$511.00
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the
""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between
Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
ITEM 8
Page 3
ATTACHMENT D
QUOTE-3474567
Sgt. Vehicle APX8500 DH (2)
Vehicular Chargers (2)
Line #
Item Number
Description
Qty
List Price
Sale Price
Ext. Sale Price
1k
GA01517AA
DEL: NO J600 ADAPTER CABLE
NEEDED
2
$0.00
$0.00
$0.00
1l
G806BL
SOFTWARE LICENSE ENH:
ASTRO DIGITAL CAI OP APX
2
$607.00
$443.11
$886.22
1m
GA01670AA
ADD: APX E5 CONTROL HEAD
2
$767.00
$559.91
$1,119.82
1n
W22BA
ADD: STD PALM
MICROPHONE APX
4
$85.00
$62.05
$248.20
1o
QA09113AB
ADD: BASELINE RELEASE SW
2
$0.00
$0.00
$0.00
1p
W969BG
SOFTWARE LICENSE ENH:
MULTIKEY OPERATION
2
$388.00
$283.24
$566.48
1q
G361AH
SOFTWARE LICENSE ENH: P25
TRUNKING SOFTWARE APX
2
$353.00
$257.69
$515.38
1r
G628AC
ADD: REMOTE MOUNT CABLE
17 FT APX
2
$18.00
$13.14
$26.28
1s
GA00092AU
ADD: APXM DUAL E5 CH
2
$671.00
$489.83
$979.66
1t
G618AC
ADD: REMOTE MOUNT CABLE
10 FT APX
2
$12.00
$8.76
$17.52
2
NNTN7624C
CHARGER, VEHICULAR
IMPRES 12VDC HARDWIRE
2
$545.44
$409.08
$818.16
Subtotal
$18,076.08
Estimated Tax
$1,513.87
Grand Total
$19,589.95(USD)
Notes:
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the
""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between
Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
ITEM 8
Page 4
ATTACHMENT D
Purchase Order Checklist NA OM
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead
(PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.
Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name
Bill-To Address
Ship-To Address (If we are shipping to a MR location, it must be documented on PO)
Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination
address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted)
Tax Exemption Status
Signatures (As required)
NOTE: When an email order is submitted a confirmation is sent from Motorola AutoNotify referencing a
case number.
Once checklist is complete, order still must go through Order Validation/Credit Approval
ITEM 8
ITEM 8
CITY COUNCIL
COUNCIL AGENDA REPORT
MEETING DATE:
March 23, 2026
TO:
Mayor and City Council
FROM:
Douglas D. Dunford, City Manager
CONTACT:
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
Trenton Johnson, Chief of Police
[email protected], (209) 538-5726
David McCann, Community Service Officer
[email protected], (209) 538-5700, ext. 1010
SUBJECT:
Ordinance 2026-XXX, An Ordinance of the City Council of the City
of Ceres Amending Title 5, Business Licenses and Regulation,
Chapter 20, Fireworks Sales of the Ceres Municipal Code
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve the first reading and introduction of Ordinance No.
2026-XXX, reading by title only, waiving further reading, an Ordinance of the City Council of the
City of Ceres amending Title 5, Business Licenses and Regulation, Chapter 20, Fireworks Sales
of the Ceres Municipal Code.
I.
BACKGROUND:
The City of Ceres currently permits the seasonal sale of State Fire Marshal-approved
“safe and sane” fireworks pursuant to Title 5, Chapter 20 of the Ceres Municipal Code.
Over recent years, staff have identified recurring issues during the fireworks sales period,
including:
• Increased illegal fireworks activity
• Fire hazards and property damage
• Enforcement challenges
• Neighborhood complaints related to noise, debris and safety
In response, staff reviewed the existing ordinance to develop recommended revisions.
II.
REASONS FOR RECOMMENDATION:
Staff is recommending these revisions to the existing ordinance to accomplish the
following:
ITEM 10
•
•
•
•
•
III.
Broaden the definition of dangerous fireworks
Address Point of Sale safety requirements
Strengthen the requirements for the storage of fireworks
Provide updated standards for Safety Training
Augment the fines imposed for violations
FISCAL IMPACTS:
Depending on the fines issued during the fireworks season, these revisions could result
in improved cost recovery to the city.
IV.
EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V.
POLICY ALTERNATIVES:
Should Council decide not to approve the revisions to the ordinance, the Police
Department will continue to attempt to regulate fireworks sales using the existing
municipal code.
VI.
INTERDEPARTMENTAL COORDINATION:
N/A
VII.
PUBLIC PARTICIPATION:
N/A
VIII.
ENVIRONMENTAL REVIEW:
N/A
IX.
STEPS FOLLOWING APPROVAL:
The City Council will consider a second reading and adoption of the Ordinance at a later
meeting of the City Council.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Ordinance
2. Attachment B – Redline Changes
3. Attachment C – Public Hearing Notice
ITEM 10
ATTACHMENT A
ORDINANCE NO. 2026-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING
TITLE 5, BUSINESS LICENSES AND REGULATION, CHAPTER 20, FIREWORKS
SALES OF THE CERES MUNICIPAL CODE
WHEREAS, the City of Ceres currently permits the seasonal sale of State Fire
Marshal-approved “safe and sane” fireworks; and
WHEREAS, staff has identified recurring issues during the fireworks sales period
to include increased illegal fireworks activity, fire hazards and property damage,
enforcement challenges and neighborhood complaints; and
WHEREAS, staff is recommending revisions to address dangerous fireworks,
Point of Sale safety requirements, the storage of fireworks, Safety Training, and fines
imposed for violations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 5.20.010, Definitions, of Chapter 20, Fireworks Sales, of Title 5,
Business Licenses and Regulations, shall be amended to read as follows:
5.20.010 Definitions.
For the purpose of this chapter, and except where otherwise expressly defined in another
section of this chapter, the following words and phrases shall have the meanings provided
in this section. Where words and phrases are not expressly defined under this chapter,
they shall be construed as their ordinary meaning within the context which they are used:
“Applicant” means the person that files an application for a permit.
“Dangerous fireworks” has the same meaning as that term is defined by Health and Safety
Code section 12505. Dangerous fireworks may also be defined as illegal fireworks, those
fireworks not having the California State Fire Marshal seal for safe and sane fireworks.
“Fire Chief” means the Fire Chief or designated representative.
“Fireworks sales booth” means the booth, stand, or other approved temporary structure
used for the purpose of selling safe and sane fireworks.
“Local nonprofit organization” means a nonprofit organization that:
1.
2.
Has a primary meeting place within the official sphere of influence of the City of
Ceres, as approved by the Local Agency Formation Commission;
Has been organized and established within the City of Ceres' sphere of influence
for a minimum of one continuous year preceding the filing of the application for
a permit; and
ITEM 10
3.
ATTACHMENT A
Has a bona fide membership of at least ten members who reside in the City of
Ceres.
“Nonprofit organization” means any nonprofit association or corporation organized
primarily for veteran, patriotic, welfare, religious, civic betterment or charitable purposes
that has been approved by the Internal Revenue Service as a tax-exempt organization
under Section 501(c)(3) of the Internal Revenue Code. Groups that are integral part of a
recognized national organization must also operate under the organization’s IRSrecognized 501(c)(3) tax-exempt status.
“Owner-occupant” means the record owner of real property as listed in the most current
equalized assessment roll as maintained by the Stanislaus County Assessor.
“Permit” means a permit for the sale of safe and sane fireworks issued pursuant to section
5.20.030.
“Permittee” means a local nonprofit organization that has received a permit for the sale
of safe and sane fireworks.
“Responsible party” means any person with an ownership interest or right of possession
of the real property where unpermitted fireworks are possessed, sold, used,
manufactured or discharged, including, but not limited to:
1.
2.
3.
Any owner-occupant.
Any lessee, subtenant, licensee, or other person having possessory control over
a property, structure, or parcel of land.
Any person that organizes, supervises, officiates, conducts, or controls the
gathering or any other person accepting responsibility for such a gathering.
“Safe and sane fireworks” has the same meaning as that term is defined by California
Health and Safety Code section 12529. All safe and sane fireworks shall be approved by
the California Fire Marshal and labeled as safe and sane.
SECTION 2. Section 5.20.030, Permit applications, of Chapter 20, Fireworks Sales, of
Title 5, Business Licenses and Regulations, shall be amended to read as follows:
5.20.030 Permit applications.
A.
The Fire Chief shall cause a standard application to be prepared for a permit. In
addition to the requirements of section 5.02.010 the permit application shall include
all of the following:
1.
2.
3.
4.
5.
Proper identification and signature of the applicant.
A proposed location of the fireworks sales booth that includes the nine digit
accessor's parcel number of the Stanislaus County Assessor.
Proof of safety training.
A site plan for the fireworks sales booth.
The written consent of the owner of the property upon which the proposed
fireworks sales booth will be located.
ITEM 10
6.
7.
B.
ATTACHMENT A
A nonrefundable applicable fee as established by resolution of the City Council
pursuant to Section 9.30.120.
Any other reasonable information that the Fire Chief may deem necessary to
properly implement and administer the provisions of this chapter.
Applications shall be submitted during normal business hours from April 15 through
June 15 of the same year.
C. All applications shall be submitted to the Fire Chief on or before June 15 of each
year. Each application must be complete and contain all required information. Any
application that is not properly completed and submitted to the office of the Fire Chief
by 5:00 p.m. on June 15 will not be considered.
D. The Fire Chief or his or her designee shall review all submitted applications, and may
consult with the Departments of Public Works, Engineering Services, and Community
Development to ensure that the proposed location meets existing zoning regulations
and does not create pedestrian or vehicular traffic hazards.
SECTION 3. Section 5.20.060, Firework sales, of Chapter 20, Fireworks Sales, of Title 5,
Business Licenses and Regulations, shall be amended to read as follows:
5.20.060 Fireworks sales.
A.
Safe and sane fireworks may only be sold or offered for sale from 12:00 noon to
10:00 p.m. on June 28 and from 9:00 a.m. to 10:00 p.m. from June 29 through July
6.
B.
Each of the following are mandatory point-of-sale safety requirements:
1.
2.
3.
4.
5.
No person under the age of 18 shall sell, or handle for sale, any fireworks.
No person under the age of 18 shall purchase or be allowed to purchase any
fireworks.
Smoking, open flame, or spark-producing equipment shall be prohibited for a
distance of 100 feet in all directions of a fireworks sale booth.
Dry grass, weeds, trash, and all other combustible material shall be removed for
a distance of 20 feet if the booth is on concrete or asphalt or 100 feet when on
an open, unimproved lot in all directions of a fireworks sale booth.
Fireworks shall not be discharged within 150 feet in all directions of a fireworks
sale booth.
C. Merchandise may be displayed in an approved glass-enclosed counter or showcase,
or displayed in fireworks sale booths constructed in the following manner:
1.
2.
3.
Walls and roof shall be of plywood at least one-third-inch thickness or of an
approved noncombustible material.
The fireworks sale booth shall have a roof.
Notwithstanding an exit door, walls shall extend to a minimum height of six feet,
eight inches on at least three sides. These three sides shall not have any
openings.
ITEM 10
4.
5.
6.
7.
8.
ATTACHMENT A
Two exit doors shall be provided in each fireworks sale booth, with a minimum
size of 24 inches in width and six feet in height. Exits shall be maintained clear
and unobstructed at all times while open to the public.
The front wall of the fireworks sale booth shall provide a physical barrier not less
than 18 inches in height between the public and the merchandise on display.
Approved "NO SMOKING" signs shall be securely fastened to the fireworks sale
booth and prominently displayed in and on the exterior of the stand.
Approved "NO SALES TO PERSONS UNDER THE AGE OF 18" signs shall be
securely fastened to the fireworks sale booth and prominently displayed in and
on the exterior of the booth.
An approved fire extinguisher having a minimum U.L. classification of 2A shall
be located in the fireworks sale booth near the exit and be readily accessible.
SECTION 4. Section 5.20.070, Storage of fireworks, of Chapter 20, Fireworks Sales, of
Title 5, Business Licenses and Regulations, shall be amended to read as follows:
5.20.070 Storage of fireworks.
A. Permittees may only store safe and sane fireworks within the City solely during the
period of June 22 through July 15 of each year.
B.
Safe and sane fireworks that are not being sold or displayed with the intent to sell
shall be stored in the following manners:
1.
2.
3.
4.
5.
Within the permitted fireworks sale booth with a responsible adult on the
premises at all times.
In a completely enclosed and locked utility type trailer constructed of onequarter-inch plywood or other approved noncombustible material.
In a completely detached garage on residential property with a minimum of tenfoot clearance to other structures or property lines and 100 feet from any place
of habitation. There shall be no open flame or spark producing equipment, or
class 1 flammable liquids stored or used within the garage.
Fireworks shall not be stored within 100 feet of any building classified or used
as a public or private school, day care facility, residential care facility, hospital,
place of detention, public oil/gas station, or public garage, or any place of public
assembly that can accommodate 50 or more persons.
The following information shall be submitted to and approved by the Fire Chief:
a. Storage location.
b. Description of storage facility.
SECTION 5. Section 5.20.080, Permittee safety training, of Chapter 20, Fireworks Sales,
of Title 5, Business Licenses and Regulations, shall be amended to read as follows:
5.20.080 Permittee safety training.
Each calendar year one or more representatives from each permittee shall attend a
fireworks sales booth safety seminar conducted by the Fire Department. Failure to attend
the seminar shall result in the revocation of the permittee's permit for that calendar year.
ITEM 10
ATTACHMENT A
SECTION 6. Section 5.20.100, Dangerous fireworks prohibited, of Chapter 20, Fireworks
Sales, of Title 5, Business Licenses and Regulations, shall be amended to read as
follows:
5.20.100 Dangerous fireworks prohibited.
A person shall not sell, use, possess, manufacture, or discharge dangerous fireworks
within the City as defined by section 5.20.010.
SECTION 7. Section 5.20.110, Penalties, of Chapter 20, Fireworks Sales, of Title 5,
Business Licenses and Regulations, shall be amended to read as follows:
5.20.110 Penalties.
A.
In addition to any other remedies set forth in this title, administrative penalties may
be imposed against any responsible party for violations of this chapter. The
administrative penalty for violations of this chapter shall be as follows within a 36month period:
1. First violation: $2,500.00 fine.
2. Second violation: $3,500.00 fine.
3. Third violation and any thereafter: $4,500.00 fine.
Any violation of this section shall constitute a misdemeanor, which may result in
imprisonment for a period not exceeding six (6) months. Any person who possesses
less than 25 pounds of dangerous fireworks is also in violation of 12700 of the
California Health and Safety Code and the City may refer the violation to the District
Attorney’s Office for criminal prosecution.
B.
Any person who engages in the sales, manufacture, or distribution of dangerous
fireworks shall be guilty of a misdemeanor and may be subject to an administrative
penalty of $10,000.00 per occurrence or imprisonment for a period not exceeding six
(6) months. Any person who sales, manufactures, or transports dangerous fireworks
is also in violation of 12676 of the California Health and Safety Code and can have
the violation referred to the District Attorney’s Office for criminal prosecution.
C. Every owner, occupant, lessee, tenant, or holder of any possessory interest of a
residence or other private property within the City is required to maintain, manage
and supervise property and all persons thereon in a manner so as not to violate the
provisions of this chapter. A responsible party need not be present at the time
dangerous fireworks are possessed, manufactured, sold, used, or discharged in
order for the City to issue an administrative citation under this section.
D. For the purposes of this section, the term “responsible party” means any person with
an ownership interest or right of possession of the real property where unpermitted
fireworks are possessed, sold, used, manufactured or discharged, including but not
limited to:
ITEM 10
ATTACHMENT A
1. Any owner-occupant
2. Any lessee, subtenant, licensee, or other person having possessory control over
a property, structure or parcel of land.
3. Any person that organizes, supervises, officiates, conducts or controls the
gathering or any other person accepting responsibility for such a gathering.
4. Every parent, guardian or other person, having the legal care, custody or control
of any person under the age of eighteen (18) years old may be issued a citation in
accordance with the provisions of this article, in addition to any citation that may
be issued to the offending minor.
E.
Nothing in this section shall be intended to limit any of the penalties provided for
under the Health and Safety Code or Penal Code.
SECTION 2. SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of the remaining
portions thereof.
SECTION 3. PUBLICATION AND EFFECTIVE DATE. This ordinance shall become
effective thirty (30) days from and after its final passage and adoption, provided it is
published in a newspaper of a general circulation at least within fifteen (15) days after its
passage or a summary of the Ordinance is published in a newspaper of general circulation
at least five (5) days prior to adoption and again at least fifteen (15) days after its passage.
SECTION 4. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This
Ordinance was introduced at a regular meeting of the City Council held on the 23rd day
of March 2026, and passed and adopted as Ordinance No. 2026-XXXX at a regular
meeting of the City Council held on the 13th day of April 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED:
___________________________________
Javier Lopez, Mayor
ATTEST:
________________________________
Fallon Martin, City Clerk
APPROVED AS TO FORM:
________________________________
Nubia I. Goldstein, City Attorney
ITEM 10
ATTACHMENT B
Title 5 – Business Licenses and Regulations
Chapter 20 - Fireworks Sales Amended
5.20.010 Definitions.
For the purpose of this chapter, and except where otherwise expressly defined in another
section of this chapter, the following words and phrases shall have the meanings provided
in this section. Where words and phrases are not expressly defined under this chapter,
they shall be construed as their ordinary meaning within the context which they are used:
“Applicant” means the person that files an application for a permit.
“Dangerous fireworks” has the same meaning as that term is defined by Health and Safety
Code section 12505. Dangerous fireworks may also be defined as illegal fireworks, those
fireworks not having the California State Fire Marshal seal for safe and sane fireworks.
“Fire Chief” means the Fire Chief or designated representative.
“Fireworks sales booth” means the booth, stand, or other approved temporary structure
used for the purpose of selling safe and sane fireworks.
“Local nonprofit organization” means a nonprofit organization that:
1.
Has a primary meeting place within the official sphere of influence of the City of
Ceres, as approved by the Local Agency Formation Commission;
2.
Has been organized and established within the City of Ceres' sphere of influence
for a minimum of one continuous year preceding the filing of the application for
a permit; and
3.
Has a bona fide membership of at least ten members who reside in the City of
Ceres.
“Nonprofit organization” means any nonprofit association or corporation organized
primarily for veteran, patriotic, welfare, religious, civic betterment or charitable purposes,
that has been approved by the Internal Revenue Service as a tax-exempt organization
under Section 501(c)(3) of the Internal Revenue Code. Groups that are integral part of a
recognized national organization must also operate under the organization’s IRSrecognized 501(c)(3) tax-exempt status.which has been issued a tax exempt certificate
as required under the California Revenue and Taxation Code or a group that is an integral
part of of a recognized national organization having a tax exempt status.
“Owner-occupant” means the record owner of real property as listed in the most current
equalized assessment roll as maintained by the Stanislaus County Assessor.
“Permit” means a permit for the sale of safe and sane fireworks issued pursuant to section
5.20.030.
“Permittee” means a local nonprofit organization that has received a permit for the sale
of safe and sane fireworks.
ITEM 10
“Responsible party” means any person with an ownership interest or right of possession
of the real property where unpermitted fireworks are possessed, sold, used,
manufactured or discharged, including, but not limited to:
1.
Any owner-occupant.
2.
Any lessee, subtenant, licensee, or other person having possessory control over
a property, structure, or parcel of land.
3.
Any person that organizes, supervises, officiates, conducts, or controls the
gathering or any other person accepting responsibility for such a gathering.
“Safe and sane fireworks” has the same meaning as that term is defined by California
Health and Safety Code section 12529. All safe and sane fireworks shall be approved by
the California Fire Marshal and labeled as safe and sane.
5.20.030 Permit applications.
A.
B.
The Fire Chief shall cause a standard application to be prepared a standard
application for a permit. In addition to the requirements of section 5.02.010 the permit
application shall include all of the following:
1.
Proper identification and signature of the applicant.
2.
A proposed location of the fireworks sales booth that includes the nine digit
accessor's parcel number of the Stanislaus County Assessor.
3.
Proof of safety training.
4.
A site plan for the fireworks sales booth.
5.
The written consent of the owner of the property upon which the proposed
fireworks sales booth will be located.
6.
A nonrefundable applicable fee as established by resolution of the City Council
pursuant to Section 9.30.120.
7.
Any other reasonable information that the Fire Chief may deem necessary to
properly implement and administer the provisions of this chapter.
Applications shall be submitted during normal business hours from April 15 through
June 15 of the same year.
C. All applications shall be submitted to the Fire Chief on or before June 15 of each
year. Each application must be complete and contain all required information. Any
application that is not properly completed and submitted to the office of the Fire Chief
by 5:00 p.m. on June 15 will not be considered.
D. The Fire Chief or his or her designee shall review all submitted applications, and may
consult with the Departments of Public Works, Engineering Services, and Community
Development to ensure that the proposed location meets existing zoning regulations
and does not create pedestrian or vehicular traffic hazards.
ITEM 10
5.20.060 Fireworks sales.
A.
Safe and sane fireworks may only be sold or offered for sale from 12:00 noon to
10:00 p.m. on June 28 and from 9:00 a.m. to 10:00 p.m. from June 29 through July
6.
B.
Each of the following are mandatory point-of-sale safety requirements:
1.
No person under the age of 18 shall sell, or handle for sale, any fireworks.
2.
No person under the age of 18 shall purchase or be allowed to purchase any
fireworks.
3.
Smoking, open flame, or spark-producing equipment shall be prohibited for a
distance of 100 feet in all directions of a fireworks sale booth.
4.
Dry grass, weeds, trash, and all other combustible material shall be removed for
a distance of 20 feet if the booth is on concrete or asphalt or 100 feet when on
an open, unimproved lot in all directions of a fireworks sale booth.
5.
Fireworks shall not be discharged within 150 feet in all directions of a fireworks
sale booth.
C. Merchandise may be displayed in an approved glass-enclosed counter or showcase,
or displayed in fireworks sale booths constructed in the following manner:
1.
Walls and roof shall be of plywood at least one-third-inch thickness or of an
approved noncombustible material.
2.
The fireworks sale booth shall have a roof.
3.
Notwithstanding an exit door, walls shall extend to a minimum height of six feet,
eight inches on at least three sides. These three sides shall not have any
openings.
4.
Two exit doors shall be provided in each fireworks sale booth, with a minimum
size of 24 inches in width and six feet in height. Exits shall be maintained clear
and unobstructed at all times while open to the public.
5.
The front wall of the fireworks sale booth shall provide a physical barrier not less
than 18 inches in height between the public and the merchandise on display.
6.
Approved "NO SMOKING" signs shall be securely fastened to the fireworks sale
booth and prominently displayed in and on the exterior of the stand.
7.
Approved "NO SALES TO PERSONS UNDER THE AGE OF 18" signs shall be
securely fastened to the fireworks sale booth and prominently displayed in and
on the exterior of the booth.
8.
An approved fire extinguisher having a minimum U.L. classification of 2A shall
be located in the fireworks sale booth near the exit and be readily accessible.
5.20.070 Storage of fireworks.
A.
Permittees may only store safe and sane fireworks within the City solely during the
period of June 22 through July 15 of each year.
ITEM 10
B.
Safe and sane fireworks that are not being sold or displayed with the intent to sell
shall be stored in the following manners:
1.
Within the permitted fireworks sale booth with a responsible adult on the
premises at all times.
2.
In a completely enclosed and locked utility type trailer constructed of onequarter-inch plywood or other approved noncombustible material.
3.
In a completely detached garage on residential property with a minimum of tenfoot clearance to other structures or property lines and 100 feet from any place
of habitation. There shall be no open flame or spark producing equipment, or
class 1 flammable liquids stored or used within the garage.
4.
Fireworks shall not be stored within 100 feet of any building classified or used
as a public or private school, day care facility, residential care facility, hospital,
place of detention, public oil/gas station, or public garage, or any place of public
assembly that can accommodate 50 or more persons.
5.
The following information shall be submitted to and approved by the Fire Chief
will be required:
a.
Storage location.
b.
Description of storage facility.
5.20.080 Permittee safety training.
Each calendar year one or more representatives from each permittee shall attend a
fireworks sales booth safety seminar conducted by the Fire Department or the fireworks
industry. Failure to attend the seminar shall result in the revocation of the permittee's
permit for that calendar year.
5.20.100 Dangerous fireworks prohibited.
A person shall not sell, use, possess, manufacture, or discharge dangerous fireworks
within the City as defined by section 5.20.010.
5.20.110 Penalties.
A.
In addition to any other remedies set forth in this title, administrative penalties may
be imposed against any responsible party for violations of this chapter. The
administrative penalty for violations of this chapter shall be $2,500.000 or
imprisonment for a period not exceeding six months. as follows within a 36-month
period:
1. First violation: $2,500.00 fine.
2. Second violation: $3,500.00 fine.
3. Third violation and any thereafter: $4,500.00 fine.
Any violation of this section shall constitute a misdemeanor, which may result in
imprisonment for a period not exceeding six (6) months. Any person who possesses
less than 25 pounds of dangerous fireworks is also in violation of 12700 of the
ITEM 10
California Health and Safety Code and the City may refer the violation to the District
Attorney’s Office for criminal prosecution.
B.
Any person who engages in the sales, manufacture, or distribution of dangerous
fireworks shall be guilty of a misdemeanor and may be subject to an administrative
penalty of $10,000.00 per occurrence or imprisonment for a period not exceeding six
(6) months. Any person who sales, manufactures, or transports dangerous fireworks
is also in violation of 12676 of the California Health and Safety Code and can have
the violation referred to the District Attorney’s Office for criminal prosecution.
B.C. Every owner, occupant, lessee, tenant, or holder of any possessory interest of a
residence or other private property within the City is required to maintain, manage
and supervise property and all persons thereon in a manner so as not to violate the
provisions of this chapter. A responsible party need not be present at the time
dangerous fireworks are possessed, manufactured, sold, used, or discharged in
order for the City to issue an administrative citation under this section.
D. For the purposes of this section, the term “responsible party” means any person with
an ownership interest or right of possession of the real property where unpermitted
fireworks are possessed, sold, used, manufactured or discharged, including but not
limited to:
1. Any owner-occupant
2. Any lessee, subtenant, licensee, or other person having possessory control over
a property, structure or parcel of land.
3. Any person that organizes, supervises, officiates, conducts or controls the
gathering or any other person accepting responsibility for such a gathering.
4. Every parent, guardian or other person, having the legal care, custody or control
of any person under the age of eighteen (18) years old may be issued a citation in
accordance with the provisions of this article, in addition to any citation that may be
issued to the offending minor.
C.E. Nothing in this section shall be intended to limit any of the penalties provided for
under the Health and Safety Code or Penal Code.
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 March 23, 2026,
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 and adding to Title 5 – Business Licenses and Regulations, Chapter
20 – Fireworks Sales, amending Section 5.20.010 – Definitions, amending Section
5.20.060 – Fireworks Sales, amending Section 5.20.070 – Storage of Fireworks,
amending Section 5.20.080 – Permittee Safety Training, amending Section 5.20.100 –
Dangerous Fireworks Prohibited, and amending Section 5.20.110 – Penalties, of the City
of Ceres Municipal Code.
The Ceres City Council will consider an amendment to the Ceres Municipal Code to
broaden the definition of dangerous fireworks, address Point of Sale safety requirements,
strengthen the requirements for the storage of fireworks, provide updated standards for
safety training and augment the fines imposed for violations. This amendment is being
proposed in response to staff identifying the following recurring issues during the
fireworks sales period: increased illegal fireworks activity, fire hazards and property
damage, enforcement challenges and neighborhood complaints.
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: March 11, 2026
ITEM 10
ITEM 10
CITY COUNCIL
COUNCIL AGENDA REPORT
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE:
March 23, 2026
TO:
Mayor and City Council
FROM:
Douglas D. Dunford, City Manager
CONTACT:
Nubia I. Goldstein, City Attorney
Ordinance No. 2026-XXXX, An Ordinance of the City Council of the
City of Ceres Amending Title 5, Business Licenses and
Regulations, Chapter 3, General Permit Procedure, Section 010,
General and Title 5, Business Licenses and Regulation, Chapter 22,
Cannabis Pilot Program, of the Ceres Municipal Code
SUBJECT:
Ordinance No. 2026-XXXX, A Zoning Ordinance Text Amendment of
the City Council of the City of Ceres Adding Chapter 44, Cannabis
Conditional Use Permits, to Title 18, Zoning, and Amending
Sections 18.02.010, 18.13.020, 18.16.040, 18.17.040, 18.18.040,
18.19.040, and 18.20.040, of Title 18, Zoning, of the Ceres Municipal
Code
RECOMMENDED COUNCIL ACTION:
Staff recommends Council take the following actions to revise the City of Ceres’ Cannabis
Business Regulations in the Ceres Municipal Code:
1. Approve the first reading and introduction of Ordinance No. 2026-XXX (Attachment A),
reading by title only, waiving further reading, an Ordinance of the City of Ceres amending
Section 5.03.010, General, of Chapter 5.03, General Permit Procedure, and amending
Chapter 5.22, Cannabis Pilot Program, of Title 5, Business License and Regulation, of
the Ceres Municipal Code.
2. Approve the first reading and introduction of Zoning Ordinance Text Amendment No.
2026-XXX (Attachment B), reading by title only, waiving further reading, a Zoning
Ordinance Text Amendment of the Ceres City Council adding Chapter 18.44, Cannabis
Conditional Use Permits, to Title 18, Zoning, and amending Sections 18.02.010,
18.13.020, 18.16.040, 18.17.040, 18.18.040, 18.19.040, and 18.20.040, of Title 18,
Zoning of the Ceres Municipal Code.
ITEM 11a & 11b
I.
BACKGROUND:
The Medical and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), codified
in Business and Professions Code section 26000 et seq., established the comprehensive
state regulatory framework for commercial medicinal and adult-use cannabis activity.
MAUCRSA expressly preserves the authority of local jurisdiction to regulate or prohibit
cannabis operations within their boundaries.
The City of Ceres (“City”) has permitted and regulated medical and adult use cannabis
businesses under the Cannabis Pilot Program codified in Chapter 5.22 (“Pilot Program”),
of the Ceres Municipal Code (“CMC”), established on May 29, 2018. Since the
establishment of the Pilot Program, the City has gained a better understanding of the
commercial cannabis industry and its impact to public health, safety, and welfare. Based
on this experience, staff and the Ceres City Council (“City Council”) have identified the
need to update the Pilot Program to a permanent regulatory structure to strengthen the
City’s enforcement authority and ensure consistent compliance with local and state
regulations.
II.
DISCUSSION:
The City Council has held multiple public discussions and heard from staff, City cannabis
operators, and the public regarding potential changes to the City’s regulation of cannabis
businesses. Based on these discussions, staff has prepared substantial amendments to
the CMC to implement the City Council’s direction regarding updates to the City’s
cannabis regulations.
The updates to cannabis business regulations are contained in two separate ordinances.
The first Ordinance proposes amendments to section 5.03.010, General, of Chapter 5.03,
General Permit Procedure, and amends Chapter 5.22, Cannabis Pilot Program. The
second Ordinance, is a zoning ordinance text amendment that adds Chapter 18.44,
Cannabis Conditional Use Permits to the City’s Zoning Ordinance and amends related
zoning provisions to authorize cannabis businesses within specified zoning districts.
The revisions to the CMC will result in cannabis businesses being subject to three
entitlements: (1) a City business license, (2) a development agreement, and (3) a
cannabis conditional use permit. Although each entitlement is governed by a separate
chapter of the CMC, they are intended to operate collectively to ensure compliance with
applicable state and local laws. Together, these entitlements create an integrated and
cohesive regulatory framework governing cannabis businesses within the City.
1. Proposed Changes to Section 5.03.010 General, of Chapter 5.03, General
Permit Procedure.
Section 5.03.010, subdivision (A), currently requires commercial cannabis businesses to
obtain a separate permit issued by the City. The City Council has directed staff to
eliminate this standalone permit requirement and instead rely on development
agreements and cannabis conditional use permits as the primary regulatory mechanisms
for commercial cannabis businesses.
The proposed amendment to section 5.03.010 aligns the CMC accordingly by removing
the redundant cannabis business permit requirement. Cannabis businesses will remain
4910-5751-9513, v. 2
ITEM 11a & 11b
subject to the requirement to obtain and maintain a general City business license
pursuant to Title 5.
2. Proposed Changes to Chapter 5.22, Cannabis Business Regulations.
Chapter 5.22, Cannabis Pilot Program, currently contains the City’s cannabis business
regulations. The proposed ordinance would repeal Chapter 5.22 in its entirety and replace
it with a revised Chapter 5.22, Cannabis Business Regulations.
The proposed Chapter 5.22 contains general requirements on cannabis businesses,
provides the procedure for cannabis businesses to obtain a development agreement, and
establishes the City’s enforcement mechanisms.
The City Council has expressed interest in establishing a limit on the number of cannabis
dispensaries permitted within the City. The proposed amendments to Chapter 5.22
present two alternatives for the Council’s consideration: a cap of two dispensaries or a
cap of four dispensaries. Prior to introduction of the Ordinance, the Council must
determine whether to impose a cap and, if so, select the preferred alternative. Staff will
revise the Ordinance to reflect the Council’s direction. As discussed in the fiscal impact
section below, adopting a cap of four dispensaries will help the City maximize potential
tax revenue. This approach preserves the City’s ability to attract additional operators,
particularly in light of the City’s comparatively competitive tax rates.
The revised Chapter 5.22 clarifies and formalizes the procedures for cannabis business
development agreements. The Chapter establishes defined application requirements and
approval procedures, including fingerprinting and police-conducted background checks
for all cannabis business owners.
The proposed amendments to Chapter 5.22 expand the City’s enforcement authority by
expressly authorizing inspections, establishing administrative fines for minor violations,
incorporating nuisance abatement procedures for code violations, and providing a costrecovery mechanism to reimburse the City for expenses incurred in connection with
enforcement actions.
3. Proposed Addition of Chapter 18.44, Cannabis Conditional Use Permits.
Adding Chapter 18.44, Cannabis Conditional Use Permits, is an amendment to the City’s
Zoning Ordinance. On February 2, 2026, the Ceres Planning Commission passed a
resolution recommending the City Council adopt the Zoning Ordinance Text Amendment
to add Chapter 18.44 to the CMC as required by state law.
The addition of Chapter 18.44 to the CMC requires all cannabis businesses operating
within the City to obtain and maintain a Cannabis Conditional Use Permit. Each permit
establishes property-specific conditions of approval that govern the operation of the
cannabis business and with which the business must continuously comply.
Cannabis conditional use permits start with the same cannabis business application used
for development agreements. The cannabis conditional use permit then follows the
existing procedure for conditional use permits which are approved by the Planning
Commission.
4910-5751-9513, v. 2
ITEM 11a & 11b
Chapter 18.44 provides the minimum conditions of approval for each cannabis business.
The Planning commission may impose more stringent conditions based on an applicants
circumstances. The conditions of approval include but are not limited to:
•
•
•
•
•
•
Premises Conditions;
Security Conditions;
Cannabis Waste Conditions;
Cannabis Odor Conditions;
Cannabis Cultivation Conditions;
Cannabis Manufacturing Conditions;
The City’s enforcement options for cannabis conditional use permits include
administrative citations and revocation. Specific circumstances under which a cannabis
conditional use permit may be revoked are also provided by the Chapter. Revocation
proceedings follow the same procedures applicable to the revocation of traditional
conditional use permits under Chapter 18.30.
In addition to adding chapter 18.44, the ZOTA amends multiple sections of Title 18 to
identify where cannabis businesses are permitted as conditional uses. The City’s current
cannabis businesses are located in Planned Community and Industrial zones. Staff has
proposed that cannabis businesses may be conditional uses in the following zones:
• Planned Community - CMC Chapter 18.13
• Community Commercial – CMC Chapter 18.16
• Wholesale Commercial - CMC Chapter 18.17
• Highway Commercial - CMC Chapter 18.18
• Light Industrial - CMC Chapter 18.19
• General Industrial - CMC Chapter 18.20
III.
FISCAL IMPACTS:
The City Council directed staff to present two alternatives for the cap on the number of
retail cannabis businesses. Staff has proposed establishing a cap of either two or four
retail operators in the municipal code. When considering this issue, the City Council
should be aware that by setting low tax rates, it has created an incentive that could attract
additional retail businesses. To fully capitalize on this more business-friendly environment
and generate new tax revenue, the City may wish to allow additional retailers to operate.
Conversely, maintaining a cap of two retailers while keeping tax rates low would limit the
City’s ability to realize the potential economic benefits of the new tax structure, as new
operators would be prohibited from entering the market.
The proposed amendments clarify and strengthen the City’s enforcement authority over
cannabis businesses. By establishing clearer compliance mechanisms and enforcement
tools, the amendments are expected to reduce the administrative and legal costs
associated with pursuing violations and to enhance the City’s ability to recover fines, fees,
and other revenues owed by cannabis businesses.
V.
POLICY ALTERNATIVES:
1.
Introduce the ordinances for first reading with the City Council’s preference related
to the limit on cannabis businesses permitted in the City; or
4910-5751-9513, v. 2
ITEM 11a & 11b
VI.
2.
Provide direction to staff related to the ordinances; or
3.
Deny the ordinances.
INTERDEPARTMENTAL COORDINATION:
N/A.
VII.
PUBLIC PARTICIPATION:
The public is encouraged to provide input at the City Council meeting.
VIII.
ENVIRONMENTAL REVIEW:
The proposed Ordinances are a general policy change that does not result in a direct or
reasonably foreseeable indirect physical change in the environment and, therefore, does
not meet the definition of a “project” under the California Environmental Quality Act
(“CEQA”) pursuant to Section 21065 of the Public Resources Code and Section 15378 of
the CEQA Guidelines (Title 14, California Code of Regulations).
IX.
STEPS FOLLOWING APPROVAL:
The City Council will consider approval of the second reading and adoption of the
Ordinance at a later meeting of the City Council.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Cannabis Pilot Program Ordinance Amendment
2. Attachment B – Zoning Ordinance Text Amendment
3. Attachment C – Redline Changes to Cannabis Pilot Program Ordinance
4. Attachment D – Redline Changes to Zoning Ordinance Text Amendment
5. Attachment E – Public Hearing Notice
4910-5751-9513, v. 2
ITEM 11a & 11b
ITEM 11a & 11b
ATTACHMENT A
ORDINANCE NO. 2026-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING
TITLE 5, BUSINESS LICENSES AND REGULATIONS, CHAPTER 3, GENERAL
PERMIT PROCEDURE, SECTION 010, GENERAL AND TITLE 5, BUSINESS
LICENSES AND REGULATION, CHAPTER 22, CANNABIS PILOT PROGRAM, OF
THE CERES MUNICIPAL CODE
WHEREAS, the Medicinal and Adult-Use Cannabis Regulation and Safety Act
(“MAUCRSA”), codified in Business and Professions Code section 26000 et seq.,
establishes the comprehensive state regulatory framework for commercial medicinal and
adult-use cannabis activity, and expressly preserves the authority of local jurisdictions to
regulate or prohibit such operations within their boundaries; and
WHEREAS, on May 29, 2018, the City Council adopted Ordinance No. 2018-1045,
establishing a Cannabis Business Pilot Program (“Pilot Program”) regulating the
operation of cannabis businesses within the City which is now codified in Chapter 5.22 of
the Ceres Municipal Code (“CMC”); and
WHEREAS, on November 8, 2018, Ceres voters approved Measure W, which
authorized the City Council to impose a business license tax of up to fifteen percent (15%)
of the gross receipts of any marijuana-related business (“Cannabis Business Tax”); and
WHEREAS, since the establishment of the Pilot Program, the City has gained a
better understanding of the cannabis industry, which has informed how the City intends
to regulate cannabis businesses going forward; and
WHEREAS, the City Council finds that updating the Pilot Program to establish a
permanent regulatory structure for cannabis businesses is necessary to protect the public
health, safety, and welfare; and
WHEREAS, as part of these permanent regulations, the City Council has
determined to update the Pilot Program to implement the Cannabis Business Tax, clarify
procedural requirements for cannabis business entitlements, and strengthen the City’s
enforcement authority to further protect the public health, safety, and welfare of the
community; and
WHEREAS, prior to implementing the Cannabis Business Tax, the City must make
minor adjustments to the general business license procedure for City business licenses
section to ensure consistency with revisions to the Pilot Program and to provide for proper
administration, collection, and enforcement of the Cannabis Business Tax; and
WHEREAS, the City Council now wishes to update Chapter 5.22, Cannabis
Business Pilot program to implement a permanent regulatory structure for cannabis
businesses within the City; and
ITEM 11a & 11b
ATTACHMENT A
WHEREAS, the proposed Ordinance constitutes a general policy change that does
not result in a direct or reasonably foreseeable indirect physical change in the
environment and, therefore, does not meet the definition of a “project” under the California
Environmental Quality Act (“CEQA”) pursuant to Section 21065 of the Public Resources
Code and Section 15378 of the CEQA Guidelines (Title 14, California Code of
Regulations).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES ORDAINS
AS FOLLOWS:
SECTION 1. Section 5.03.010, General, of Chapter 3, General Permit Procedure, of Title
5, Business Licenses and Regulations, of the Ceres Municipal Code shall be amended to
remove subsection 16, Commercial cannabis businesses, and move 17, Sidewalk
vending, to 16 of Paragraph (A) as follows:
5.03.010 – General.
A. Certain activities in the City require permits issued by the City Manager or designee.
The following activities require a permit issued by the City:
1. Patrol services;
2. Motion picture and television production;
3. Alcoholic beverages;
4. Junk dealers and scrap metal recyclers;
5. Special events and temporary street closures;
6. Public dances, dancing places, and concerts;
7. Fortunetelling;
8. Taxicabs;
9. Adult entertainment businesses;
10. Garage sales;
11. Massage establishments;
12. Mobile food vendor;
13. Bingo;
14. Firework sales;
15. Ambulances;
16. Sidewalk vending.
B. All requirements of this chapter are in addition to the requirements of chapters 5.06
through 5.24.
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ATTACHMENT A
SECTION 2. Chapter 5.22, Cannabis Pilot Program, of Title 5, Business Licenses and
Regulations, of the Ceres Municipal Code shall be repealed in its entirety and replaced
with a new Chapter 5.22, Cannabis Business Regulations, which shall read as follows:
Chapter 5.22
CANNABIS BUSINESS REGULATIONS
Sections:
5.22.010 Declaration of purpose.
5.22.020 Definitions.
5.22.030 State requirements.
5.22.040 Required local approvals.
5.22.050 Cannabis business application.
5.22.060 Investigation and fingerprinting of applicant.
5.22.070 Development agreement.
5.22.080 Revocation of development agreement.
5.22.090 Cannabis business tax.
5.22.100 Operational requirements.
5.22.110 Limit on number of cannabis dispensaries.
5.22.120 Inspections.
5.22.130 Enforcement.
5.22.140 Public nuisance.
5.22.150 Cost recovery.
5.22.160 Nonconforming use.
5.22.170 Relationship to other laws.
5.22.180 Severability.
5.22.010 Declaration of Purpose.
A. The City finds and declares that the purpose of this chapter is to regulate all
commercial cannabis activity in the City of Ceres, to the extent authorized by state
law and in a manner designed to minimize negative impacts on the City, and to
promote the health, safety, morals, and general welfare of residents and
businesses within the City.
B. It is the purpose and intent of the City Council to implement state law by
regulating cannabis businesses and to ensure that commercial cannabis activity
does not result in the diversion of cannabis for illicit purposes.
C. Cannabis businesses shall comply with all provisions of the Ceres Municipal Code,
state law, and all other applicable local and state regulations. It is neither the intent
nor the effect of this chapter to condone or legitimize the illegal use, consumption,
or cultivation of cannabis under federal, state, or local law.
D. The regulations in this chapter do not interfere with a qualified patient's right to
obtain and use cannabis as authorized under state law, nor do they criminalize the
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possession or cultivation of cannabis by qualified patients or their primary
caregivers.
5.22.020 Definitions.
Abatement costs shall include the actual and reasonable costs incurred by the City to
abate a public nuisance. These costs include all direct and indirect costs to the City that
result from the total abatement action, including, but not limited to, investigation costs,
costs to enforce the Ceres Municipal Code and any applicable State, County or local law,
clerical and administrative costs to process paperwork, costs incurred to provide notices
and prepare for and conduct administrative appeal hearings, and costs to conduct actual
abatement of the nuisance. Costs include personnel costs, administrative overhead, costs
for equipment such as cameras and vehicles, staff time to hire a contractor, and
reasonable attorneys’ fees incurred by City.
Applicant shall mean a person that files an application to operate a cannabis business
pursuant to this code.
Business means a profession, trade, occupation, gainful activity, and all and every kind
of calling whether or not carried on for profit.
Cannabis shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude
or purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means
the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does
not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis”
does not mean “industrial hemp” as defined by Cal. Health & Safety Code § 11018.5.
Commercial cannabis activity includes the cultivation, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or
sale of cannabis or cannabis products that requires a state license, including medicinal
cannabis or medicinal cannabis product as defined in section 26001 of the Business and
Professions Code.
Cannabis business shall mean any person or business that engages in commercial
cannabis activity.
Cannabis Business Tax shall mean the tax imposed on all commercial cannabis
businesses pursuant to Ceres Municipal Code chapter 3.26.
Cannabis conditional use permit shall mean a conditional use permit issued to a cannabis
business pursuant to Ceres Municipal Code chapter 18.44.
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Cannabis delivery or cannabis deliveries shall mean the sale of cannabis and cannabis
products by delivery to a customer pursuant to a Type 10 State cannabis license.
“Cannabis delivery” does not mean the transfer or sale of cannabis or cannabis products
between two cannabis businesses.
Cannabis dispensary shall mean a business at a particular location or real property
involving the distribution of cannabis to qualified patients, primary caregivers, persons
with identification cards, or customers pursuant to a Type 10 State cannabis license that
is consistent with State law and this chapter.
Cannabis manufacturing business shall mean any cannabis business that, pursuant to a
Type 6, Type 7, or Type 12 State cannabis license, manufactures cannabis or cannabis
products.
Cannabis product shall mean cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to,
concentrated cannabis, or an edible or topical product containing cannabis or
concentrated cannabis and other ingredients.
City business license shall mean a business license issued by the City pursuant to Ceres
Municipal Code Title 5.
City Manager shall mean the Ceres City Manager or their designee.
Cultivation shall mean any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of cannabis.
Customer shall mean natural person 21 years of age or older or a natural person 18 years
of age or older who possesses a physician's recommendation, or a primary caregiver who
purchases or otherwise lawfully obtains cannabis or cannabis products from a licensed
cannabis business for personal use, whether for medicinal or adult-use purposes, and not
for resale.
Medicinal and Adult-Use Cannabis Regulation and Safety Act or MAUCRSA has the
same meaning as chapter 1 (commencing with section 26000) of division 10 of the
California Business and Professions Code, and any applicable rules and regulations
promulgated thereafter.
Permittee shall mean any person or entity who has been granted a cannabis conditional
use permit by the City authorizing the operation of a cannabis business, and who is
operating or intends to operate such business in accordance with the terms and
conditions of that permit.
Person shall mean an individual, firm, partnership, joint venture, association, corporation,
limited liability company, estate, trust, business trust, receiver, syndicate, or any other
group or combination acting as a unit and includes the plural as well as the singular
number.
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Primary caregiver shall have the same meaning as set forth in California Health and
Safety Code section 11362.7(d).
Responsible party shall mean a person or entity responsible for creating, causing,
committing, or maintaining any violation of this code or State, County, or local law.
Subject property shall mean the real property that is the subject of any abatement or
enforcement action by the City for which the City incurred costs and seeks recovery under
this code.
Qualified patient shall have the same meaning as set forth in California Health and Safety
Code section 11362.7(f).
5.22 030 State requirements.
A. Any cannabis business that does not have the applicable state license is prohibited
within the City.
B. Every cannabis business operating within the City shall:
1. Obtain and maintain all required licenses, permits, and approvals issued by
the State of California or any applicable state regulatory agency, including,
without limitation, licenses under the Medicinal and Adult-Use Cannabis
Regulation and Safety Act (MAUCRSA).
2. Operate in full compliance with all applicable state laws, regulations, and
guidelines governing cannabis businesses, including but not limited to
cultivation, manufacturing, distribution, testing, and retail sales.
3. Immediately notify the City of any suspension, revocation, or other
enforcement action taken by a state agency against the business’s
license(s).
4. Cease operations if any required state license is suspended or revoked until
such time as the license is reinstated.
C. This chapter, and the provisions herein, shall be read consistent with any statewide
regulation of cannabis that is promulgated by the legislature or by voter approval.
5.22.040 Required local approvals.
A. No person or entity shall establish, operate, or continue to operate any cannabis
business within the City without first obtaining and thereafter maintain in good
standing each of the following approvals:
1. A valid development agreement.
2. A valid cannabis conditional use permit.
3. A valid City business license.
B. Each cannabis business shall continuously maintain all required approvals listed
in subsection (A). The expiration, suspension, or revocation of any one of these
approvals shall constitute grounds for suspension or revocation of the others and
shall immediately require the cessation of all cannabis operations until such
approvals are reinstated or reissued.
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C. The issuance of any approval under this Chapter does not create a vested right to
continue operating a cannabis business and shall not limit the City’s authority to
amend, suspend, or terminate such approvals as provided by law or the terms of
the applicable approval.
5.22.050 Cannabis business application.
A. A person may apply to operate a cannabis business by filing a cannabis business
application with the City Manager on a form provided by the City.
B. No cannabis business application shall be processed unless applicant pays the
application fee in an amount to be established by resolution of the City Council.
C. No cannabis business application shall be processed unless applicant has
entered into a funding agreement with the City to cover application processing
costs and all other established costs payable to the City in connection with a
cannabis business application.
D. No cannabis business application shall be processed unless applicant has
executed an indemnification agreement approved by the City Attorney.
E. Any proposed transfer of ownership of a cannabis business shall be submitted
through a cannabis business application, together with all required fees and
documentation. The transferee shall meet all eligibility requirements for a
cannabis business under this chapter.
5.22.060 Investigation and fingerprinting of applicant.
A. Prior to the acceptance of applications for a license, transfer of ownership, or other
approval as provided in this chapter, the following individuals shall authorize the
Chief of Police to perform criminal background investigation by providing verified
fingerprint information to the Ceres Police Department:
1. If the applicant is a natural person, that person.
2. If the applicant is a partnership, all of the partners.
3. If the applicant is a corporation, both the officers and directors, together
with any person with an ownership interest of ten percent (10%) or more.
B. No cannabis business shall be permitted to operate in the City if the background
investigation indicates disqualifying criminal history.
5.22.070 Development agreement.
A. No cannabis business shall commence or continue operations in the City without
obtaining and maintaining a valid development agreement in full force and effect.
B. An applicant shall be eligible to enter into a development agreement upon
completion of background investigation of all applicable individuals.
C. Development agreements shall be issued pursuant to Ceres Municipal Code
chapter 18.37.
D. A development agreement may be approved prior to an applicant having received
all required state licenses and local permits; however, no cannabis business shall
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ATTACHMENT A
receive a certificate of occupancy nor operate in the City prior to possessing the
required state and local licenses and approvals.
E. Development agreements may not be transferred, sold, assigned or bequeathed
expressly or by operation of law. Any attempt to directly or indirectly transfer a
development agreement shall be unlawful and void and shall automatically revoke
the permit.
F. Development agreements shall be periodically reviewed pursuant to Ceres
Municipal Code section 18.37.180.
5.22.080 Termination of development agreement.
A. Termination of development agreements shall follow procedures provided by
Ceres Municipal Code chapter 18.37.
B. Upon termination a development agreement, an operator’s cannabis conditional
use permit and City business license shall be subject to revocation.
5.22.090 Cannabis business tax.
A. All cannabis businesses within the City are subject to the Cannabis Business Tax
established by Ceres Municipal Code chapter 3.26.
B. A cannabis business’ failure to pay the Cannabis Business Tax constitutes grounds
for revocation of its development agreement, cannabis conditional use permit or
City business license.
5.22.100 Operational requirements.
A. Cannabis business operations shall comply with all applicable state and local laws
and regulations.
B. Cannabis business operations shall comply with the conditions of approval of their
cannabis conditional use permit.
C. A cannabis business shall immediately cease operations upon revocation of its
development agreement, cannabis conditional use permit, or City business license
and operator shall comply with all closure and inventory disposal requirements
under this code and state and local law and regulations.
5.22.110 Limit on number of cannabis dispensaries.
A. The total number of licensed cannabis dispensaries operating within the city shall
not exceed four (4) at any given time.
Alternative
A. The total number of licensed cannabis dispensaries operating within the city shall
not exceed two (2) at any given time.
B. If the maximum number of cannabis dispensaries is reached, no additional
cannabis dispensaries shall be issued a development agreement or cannabis
conditional use permit until an existing cannabis dispensary’s development
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ATTACHMENT A
agreement and cannabis conditional use permit is voluntarily surrendered,
revoked, or otherwise terminated.
5.22.120 Inspections.
A. The City Manager and any authorized City official shall have the right to enter the
premises of any cannabis business, during regular business hours or at any other
reasonable time, to inspect the premises and business records to ensure
compliance with this code, any conditions of approval, and state and local law and
regulations.
5.22.130 Enforcement.
A. Violation of any condition of approval of a cannabis conditional use permit shall
constitute a violation of this chapter.
B. Violations of this chapter are subject to administrative remedies provided by Ceres
Municipal Code chapter 19.10.
C. The amount of fine imposed for violation of this chapter shall not exceed:
a. Schedule 1. Five Hundred Dollars ($500) for a first violation.
b. Schedule 2. Seven hundred and Fifty Dollars ($750) for a second violation
of the same code section within one (1) year.
c. Schedule 3. One Thousand Dollars ($1,000) for each additional violation of
the same code section within one (1) year.
D. Each violation of this chapter, or of any condition of approval of a cannabis
conditional use permit, shall constitute a separate offense.
E. Any permittee whose cannabis conditional use permit, development agreement, or
City business license is revoked shall immediately cease all cannabis-related
operations within the City.
F. In addition to any other remedy, the City may seek injunctive relief and may recover
costs of enforcement, including attorneys’ fees.
G. The remedies provided herein are cumulative and in addition to any other remedies
available under law.
5.22.140 Public nuisance.
A. Any commercial cannabis use or activity caused or permitted to exist in the City in
violation of any provision of this chapter shall be and is hereby declared a public
nuisance and may be abated by the City pursuant to the procedures provided by
Ceres Municipal Code chapter 19.07.
B. The remedies provided in this section are cumulative and do not limit the City’s
authority to pursue all other remedies available under law.
5.22.150 Cost recovery.
A. The City shall be entitled to recover its abatement and enforcement costs incurred
in obtaining compliance with this code. Costs incurred by the City are recoverable
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ATTACHMENT A
even if a public nuisance or violation of this code, the Ceres Municipal Code, or
state law or regulation is corrected by the property owner or other responsible
party.
B. The cost of abating a public nuisance or enforcing this code shall either be a
special assessment and lien on the subject property or the personal obligation of
the owner of the subject property or the responsible party. If there is more than one
(1) responsible party, each party shall be jointly and severally liable for the costs.
5.22.160 Nonconforming use.
Any cannabis business established or operating in the City in violation of this chapter shall
not be considered a lawful or permitted nonconforming use, and no such cannabis
business shall be eligible for issuance of any permits or approvals under the Ceres
Municipal Code. Further, any such unlawfully established cannabis business shall
constitute a public nuisance subject to abatement by the City.
5.22.170 Relationship to other laws.
Except as otherwise specifically provided herein, this chapter incorporates the
requirements and procedures set forth in chapter 1 (commencing with section 26000) of
division 10 of the California Business and Professions Code, or its successors. In the
event of any conflict between the provisions of this chapter and the provisions of that
chapter or any other applicable state or local law, the more restrictive provision shall
control.
5.22.180 Severability.
Should any provision of this chapter, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise
void, that determination shall have no effect on any other provision of this chapter or the
application of this chapter to any other person or circumstance and, to that end, the
provisions hereof are severable.
SECTION 3. SEVERABILITY. If any section, subdivision, sentence, clause, phrase or
portion of this ordinance is, for any reason, held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity of the remaining
portions thereof and shall continue to be in full force and effect.
SECTION 4. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall become
effective thirty (30) days from and after its final passage and adoption, provided it is
published in a newspaper of general circulation at least within fifteen (15) days after its
passage or a summary of the Ordinance is published in a newspaper of general circulation
at least five (5) days prior to adoption and again at least within fifteen (15) days after its
passage.
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ATTACHMENT A
SECTION 5. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This
Ordinance was introduced at a regular meeting of the City Council held on the 23rd day
of March 2026, and passed and adopted as Ordinance No. 2026-XXXX at a regular
meeting of City Council held on the 13th day of April 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED:
________________________________
Javier Lopez, Mayor
ATTEST:
______________________________
Fallon Martin, City Clerk
APPROVED AS TO FORM:
______________________________
Nubia I. Goldstein, City Attorney
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ITEM 11a & 11b
ITEM 11a & 11b
ATTACHMENT B
ORDINANCE NO. 2026-XXXX
A ZONING ORDINANCE TEXT AMENDMENT OF THE CERES CITY COUNCIL
ADDING CHAPTER 44, CANNABIS CONDITIONAL USE PERMITS TO TITLE 18,
ZONING, AND AMENDING SECTIONS 18.02.010, 18.13.020, 18.16.040, 18.17.040,
18.18.040, 18.19.040, AND 18.20.040, OF TITLE 18, ZONING, OF THE CERES
MUNICIPAL CODE
WHEREAS, the Medicinal and Adult-Use Cannabis Regulation and Safety Act
(“MAUCRSA”), codified in Business and Professions Code section 26000 et seq.,
establishes the comprehensive state regulatory framework for commercial medicinal and
adult-use cannabis activity, and expressly preserves the authority of local jurisdictions to
regulate or prohibit such operations within their boundaries; and
WHEREAS, on May 29, 2018, the Ceres City Council (“City Council”) adopted
Ordinance No. 2018-1045, establishing a Cannabis Pilot Program (“Pilot Program”)
regulating the operation of cannabis businesses within the City which is now codified in
Chapter 5.22 of the Ceres Municipal Code; and
WHEREAS, since the establishment of the Pilot Program, the City has gained a
better understanding of the cannabis industry, which has informed how the City intends
to regulate cannabis businesses going forward; and
WHEREAS, the City Council finds that updating the Pilot Program to establish a
permanent regulatory structure for cannabis businesses is necessary to protect the public
health, safety, and welfare; and
WHEREAS, as part of these permanent regulations, the City Council has
determined that all cannabis businesses operating within the City shall be required to
obtain a cannabis conditional use permit; and
WHEREAS, the addition of Chapter 18.44, Cannabis Conditional Use Permits,
implements the City Council’s determination and establishes procedures, operational
standards, and enforcement authority for the City related to cannabis conditional use
permits; and
WHEREAS, to ensure consistency within Title 18, Zoning, corresponding
amendments have been made to designate cannabis businesses as conditional uses in
the Community Commercial, Wholesale Commercial, Highway Commercial, Light
Industrial, General Industrial, and Planned Community zones; and
WHEREAS, on February 2, 2026, the Planning Commission of the City of Ceres
held a duly noticed public hearing and adopted a resolution recommending that the City
Council approve this zoning ordinance text amendment.
ITEM 11a & 11b
ATTACHMENT B
NOW, THEREFORE, THE COUNCIL OF THE CITY OF CERES DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 44, Cannabis Conditional Use Permits, shall be added to of Title
18, Zoning, of the Ceres Municipal Code which shall read as follows:
Chapter 18.44 - CANNABIS CONDITIONAL USE PERMITS
Sections:
18.44.010 Definitions.
18.44.020 Cannabis conditional use permit required.
18.44.030 Cannabis conditional use permit application.
18.44.040 Cannabis conditional use permit procedure.
18.44.050 Revocation of cannabis conditional use permit.
18.44.060 Conditions of approval for cannabis conditional use permit.
18.44.070 General conditions.
18.44.080 Premises conditions.
18.44.090 Security conditions.
18.44.100 Signage conditions.
18.44.110 Cannabis waste conditions.
18.44.120 Odor control conditions.
18.44.130 Cultivation conditions.
18.44.140 Manufacturing conditions.
18.44.150 Cannabis delivery conditions.
18.44.160 Insurance conditions.
18.44.170 Severability.
18.44.010 Definitions.
Applicant: a person that files an application for a cannabis conditional use pursuant to this
chapter.
Cannabis: all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the
separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not
include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis”
does not mean “industrial hemp” as defined by Cal. Health & Safety Code § 11018.5.
Cannabis business: any person or entity that engages in commercial cannabis activity.
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Cannabis business tax: the tax imposed by the City on persons engaged in a cannabis
business pursuant to Ceres Municipal Code chapter 3.26.
Cannabis conditional use permit: a conditional use permit issued to a cannabis business
pursuant to this chapter.
Cannabis cultivation business: any business engaged in commercial cannabis activity
involving the planting, growing, harvesting, drying, curing, grading, or trimming of
cannabis.
Cannabis delivery: the sale of cannabis and cannabis products by delivery to a customer
pursuant to a Type 10 State cannabis license. “Cannabis delivery” does not mean the
transfer or sale of cannabis or cannabis products between two cannabis businesses.
Cannabis dispensary: a business at a particular location involving the distribution of
cannabis to customers pursuant to a Type 10 State cannabis license that is consistent
with State law and this chapter.
Cannabis manufacturing business: a business engaged in commercial cannabis activity
involving compounding, blending, extracting, infusing, packaging, labeling, or otherwise
making or preparing a cannabis product.
Cannabis product: cannabis that has undergone a process whereby the plant material
has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing cannabis or concentrated cannabis
and other ingredients.
Cannabis waste: waste that is cannabis or cannabis product that has been discarded,
destroyed, or is no longer usable or saleable, including plant material, trimmings, extracts,
infused products, packaging containing cannabis residue, or other materials
contaminated with cannabis.
City Manager: the Ceres City manager or their designee.
City business License: a business license issued by the City pursuant to Ceres Municipal
Code chapter 5.02.
Commercial cannabis activity: the cultivation, manufacture, distribution, processing,
storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of
cannabis or cannabis products that requires a state license, including medicinal cannabis
or medicinal cannabis product as defined in section 26001 of the Business and
Professions Code.
Customer: natural person 21 years of age or older or a natural person 18 years of age
or older who possesses a physician's recommendation, or a primary caregiver who
purchases or otherwise lawfully obtains cannabis or cannabis products from a licensed
cannabis business for personal use, whether for medicinal or adult-use purposes, and not
for resale.
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Permittee: any person, business, or entity that has been issued a cannabis conditional
use permit by the City under this chapter, and includes the permit holder’s agents,
employees, successors, and assigns acting within the scope of the permit.
Premises: the land, buildings, structures, and any other improvements or facilities
occupied, used, or intended to be used by a permittee for the operation of a cannabis
business.
Person: an individual, firm, partnership, joint venture, association, corporation, limited
liability company, estate, trust, business trust, receiver, syndicate, or any other group or
combination acting as a unit and includes the plural as well as the singular number.
Temporary structure shall mean a structure that is erected or placed on a lot for a limited
and specified period, not intended for permanent occupancy, and removed upon
expiration of the approved time period.
18.44.020 Cannabis conditional use permit required.
A. No cannabis business shall operate in the City unless it has first obtained and
continues to maintain compliance with all of the following:
1. All applicable state licenses and permits.
2. A cannabis conditional use permit.
3. A validly executed development agreement.
4. A City business license.
B. Any cannabis business that fails to satisfy any of the requirements in subsection
(A) shall immediately cease operations and shall not resume operations until that
cannabis business is in full compliance with all applicable requirements.
18.44.030 Cannabis conditional use permit application.
A. An applicant shall file the following information with the City at the time of
application for a cannabis conditional use permit:
1. A completed cannabis business application.
2. Completed background checks of all applicable individuals pursuant to
Ceres Municipal Code section 5.22.060.
3. Any additional information required by the City Manager.
B. No cannabis conditional use permit application shall be processed unless the
applicant pays the application fee in an amount to be established by resolution of
the City Council.
18.44.040 Cannabis conditional use permit procedure.
A. A cannabis conditional use permit shall be processed in accordance with the
procedures set forth in Ceres Municipal Code chapter 18.30.
B. A permittee seeking to amend the conditions of approval of its cannabis conditional
use permit shall submit a written request to the City Manager and pay applicable
processing fees. Amendments that do not substantially change the type or scope
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of use may be approved by the City Manager. All other amendments shall require
a public hearing and Planning Commission approval.
18.44.050 Revocation of cannabis conditional use permit.
A. A cannabis conditional use permit may be revoked based on certain findings,
including but not limited to if any of the following:
1. That the permittee has violated any condition of approval of its cannabis
conditional use permit.
2. That the permittee has violated any term or condition of its development
agreement.
3. That the permittee’s development agreement has been revoked,
terminated, or otherwise rendered invalid.
4. That the permittee’s City business license has been revoked, suspended,
or otherwise rendered invalid.
5. That the permittee has failed to pay any applicable cannabis business tax.
6. That the permittee’s applicable state license has been revoked, suspended,
or otherwise rendered invalid.
7. That the permittee has violated any provision of the Ceres Municipal Code.
8. That the permittee has violated any applicable state or local law or
regulation.
9. That the use is being exercised in such a way as to be detrimental to the
public health, safety, or welfare, or in such a manner as to constitute a
nuisance.
10. That the use for which approval was granted has ceased to exist or has
been suspended for a period in excess of six months.
B. Revocation of a cannabis conditional use permit shall be processed in accordance
with the procedures set forth in Ceres Municipal Code chapter 18.30.
C. Upon revocation of a cannabis conditional use permit, all cannabis operations on
the premises shall immediately cease, and the permittee shall comply with all
closure and inventory disposal requirements under this code and state law and
regulations.
18.44.060 Conditions of approval for cannabis conditional use permit.
Upon approval of a cannabis conditional use permit, the Planning Commission may
impose conditions in excess of the requirements set forth in this chapter.
18.44.070 General conditions.
A. Permittee shall not operate without a valid cannabis conditional use permit, nor
shall a permittee operate if its cannabis conditional use permit has been revoked,
suspended, or otherwise rendered invalid.
B. Permittee shall not operate in violation of the conditions of its cannabis conditional
use permit.
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ATTACHMENT B
C. Permittee shall obtain and maintain a valid development agreement. Any breach
or default of permittee’s development agreement or revocation of the development
agreement shall be grounds for revocation of a cannabis conditional use permit.
D. Permittee shall obtain and maintain a valid City business license.
E. Permittee shall comply with all state and local laws and regulations.
F. Permittee shall timely pay the applicable taxes pursuant to state and local laws.
G. Permittee shall not make any operational changes to its cannabis business
operations without an approved amendment to its conditional use permit.
H. A cannabis conditional use permit may be issued prior to an applicant having
received all required state licenses; however, no cannabis business shall receive
a certificate of occupancy nor operate in the City prior to possessing the required
state and local licenses and permits.
18.44.080 Premises conditions.
A. The premises must be fully compliant with all applicable federal, state, and local
laws and regulations.
B. Permittee’s operations shall be conducted within fully enclosed buildings.
Operations, including storage and cultivation of cannabis, shall not be visible from
the exterior of any building.
C. The premises shall not be located within a 1000-foot radius of any park, day care
center, youth center or public or private school providing instruction to prekindergarten, kindergarten, or grades 1-12. The distance specified in this
subsection shall be the horizontal distance measured in a straight line without
regard to intervening structures, from the property line of the lot on which the
cannabis business is located to the nearest property line of those uses described
in this subsection.
D. Permittee shall not establish, operate, or maintain any cannabis business within a
temporary structure on the premises.
E. No person shall sell, dispense, or consume alcoholic beverages or tobacco
products on the premises.
F. No person shall consume cannabis or cannabis products on the premises.
G. Permittee shall take all necessary and reasonable steps to discourage and prevent
unlawful or disorderly conduct, including loitering, from occurring on the premises
and in the immediate area surrounding the premises during business hours and
after closing.
H. The premises shall comply with a site plan approved or conditionally approved as
part of its cannabis conditional use permit. Permittee’s noncompliance with its
approved or conditionally approved site plan constitutes a violation of its cannabis
conditional use permit.
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ATTACHMENT B
18.44.090 Security conditions.
A. All entrances and exits to buildings on the premises shall be secured with
commercial locks or similar measures to prevent unauthorized entry.
B. Permittee’s shall have a digital video surveillance system monitoring all entrances,
exits, cannabis cultivation and processing rooms, cannabis point of sale rooms,
limited access rooms and security rooms on the premises.
1. Surveillance cameras shall record continuously, 24 hours a day.
2. Surveillance cameras must provide sufficient resolution and color fidelity to
identify individuals on the premises.
3. Surveillance recordings shall be maintained for a minimum of ninety (90)
days, stored in such a way that protects the recordings from tampering or
theft, and be made available to the City upon request.
C. Permittees shall ensure a licensed alarm company operator installs, maintains,
monitors, and responds to the alarm system.
1. Upon request, permittee shall make available to the City all information
related to the alarm system, monitoring, and alarm activity.
D. Permittee must store all cannabis, cannabis products, and cannabis waste in
locked and secure areas.
E. The City may impose additional site-specific security conditions on permittee as
necessary to protect public health and safety or to address unique risks associated
with the location or type of cannabis operation.
F. Permittee shall comply with the security plan approved or conditionally approved
as part of its Cannabis Conditional Use Permit. Permittee’s noncompliance with
its approved or conditionally approved security plan constitutes a violation of its
cannabis conditional use permit.
G. The City Manager, Chief of Police or other designated City official may require
updates or revisions to a Permittee’s Security Plan at any time based on
operational changes, observed risks, or complaints.
18.44.100 Signage conditions.
A. Permittee’s signage shall comply with the sign standards set forth by state law and
regulation and by this Code.
B. Offsite and temporary signs are prohibited.
C. Permittee’s signs shall be approved by the Director of Community Development
prior to installation. Changes or modifications to signage require prior written
approval from the Director of Community Development.
18.44.110 Cannabis waste conditions.
A. Permittee shall secure all cannabis waste in locked designated areas within the
premises until properly disposed of in compliance with state law.
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ATTACHMENT B
B. Permittee shall maintain records of all cannabis waste disposal activities, including
quantities, dates, and responsible parties. Records shall be made available to the
City upon request.
C. Permittee shall comply with the cannabis waste plan approved or conditionally
approved as part of its cannabis conditional use permit. Permittee’s
noncompliance with its approved or conditionally approved cannabis waste plan
constitutes a violation of its cannabis conditional use permit.
18.44.120 Odor control conditions.
A. Permittee shall install and maintain an odor control system designed to prevent
cannabis odors from escaping the interior of the facility. Cannabis odors shall not
be detectable at the exterior of the premises or within adjacent properties.
B. Odors from Permittee’s premises may not unreasonably impact adjacent
properties or public areas, consistent with state law and regulation and local
nuisance standards.
C. Permittee shall comply with the odor control plan approved or conditionally
approved as part of its cannabis conditional use permit. Permittee’s
noncompliance with its approved or conditionally approved odor control plan
constitutes a violation of its cannabis conditional use permit.
18.44.130 Cultivation conditions.
A. This section is only applicable to permittees granted a cannabis conditional use
permit for a cannabis cultivation business.
B. Outdoor commercial cannabis cultivation is prohibited.
C. Permittee shall only perform cultivation methods authorized by its cannabis
conditional use permit. Any additional cultivation methods may only be conducted
with an amendment to a cannabis conditional use permit.
D. Permittee shall obtain and maintain a valid Industrial Waste Discharge Permit
issued by the City pursuant to chapter 13.19 of this Code. Permittee shall comply
with all requirements of its Industrial Sewage Permit.
E. If applicable, Permittee shall register with the Stanislaus County Department of
Hazardous Materials Division. Permittee shall comply with all requirements
imposed by the Stanislaus County Department of Hazardous Materials Division.
F. Permittee shall comply with all fire, building, and electrical codes, including specific
requirements for flammable solvents, pressurized gases, and chemical storage.
G. Permittee must obtain and maintain fire safety approval from the City Fire Chief.
H. Operations shall not create a public or private nuisance, including, but not limited
to, noise, odor, lighting, or pest management impacts on neighboring properties.
I. Permittee shall comply with the cannabis cultivation plan approved or conditionally
approved as part of its cannabis conditional use permit. Permittee’s
noncompliance with its approved or conditionally approved cannabis cultivation
plan constitutes a violation of its cannabis conditional use permit.
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ATTACHMENT B
18.44.140 Manufacturing conditions.
A. This section is only applicable to permittees granted a cannabis conditional use
permit for a cannabis manufacturing business.
B. Permittee shall only perform manufacturing methods authorized by its cannabis
conditional use permit. Any additional manufacturing methods may only be
conducted with an amendment to a cannabis conditional use permit.
C. Permittee shall obtain and maintain a valid Industrial Waste Discharge Permit
issued by the City pursuant to Chapter 13.19 of this Code. Permittee shall comply
with all requirements of its Industrial Sewage Permit.
D. If applicable, Permittee shall register with the Stanislaus County Department of
Hazardous Materials Division. Permittee shall comply with all requirements
imposed by the Stanislaus County Department of Hazardous Materials Division.
E. Permittee shall comply with all fire, building, and electrical codes, including specific
requirements for flammable solvents, pressurized gases, and chemical storage.
F. Permittee must obtain and maintain fire safety approval from the City Fire Chief.
G. Permittee shall obtain and maintain any required clearance from the County
Department of Health prior to commencing operations.
H. Permittee shall comply with the cannabis manufacturing plan approved or
conditionally approved as part of its cannabis conditional use permit. Permittee’s
noncompliance with its approved or conditionally approved cannabis
manufacturing plan constitutes a violation of its cannabis conditional use permit.
18.44.150 Cannabis delivery.
A. Cannabis delivery is permitted only as an accessory use to a permitted cannabis
dispensary, subject to approval of a cannabis conditional use permit issued
pursuant to this chapter.
B. All cannabis delivery shall originate and be dispatched from the premises identified
and approved under a cannabis conditional use permit.
C. Prior to providing cannabis or cannabis products to a delivery customer, the
Permittee shall confirm the identity and age of the delivery customer as required
under State law and shall secure a written or electronic signature of the delivery
customer before completing the sale.
18.44.160 Insurance conditions.
Permittee shall maintain insurance in the amounts and of the types that are acceptable
to the City Manager. The City shall be named as additional insured on all City-required
insurance policies.
18.44.170 Severability.
Should any provision of this chapter, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise
void, that determination shall have no effect on any other provision of this chapter or the
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ITEM 11a & 11b
ATTACHMENT B
application of this chapter to any other person or circumstance and, to that end, the
provisions hereof are severable.
SECTION 2. Section 18.02.010, Definitions and interpretive provisions, of Chapter 2,
Definitions, of Title 18, Zoning, of the Ceres Municipal Code shall be amended to add the
definition of “Cannabis business” as follows:
18.02.010 - Definitions and interpretive provisions.
For the purpose of carrying out the provisions and intent of this title, words, phrases, and
terms shall be deemed to have the meanings ascribed to them and shall be interpreted
to have the standards and include the parts, elements and the features set forth in this
chapter. When not inconsistent with the context, words used in the present tense include
the future; words in the singular number include the plural; words in the plural number
include the singular. The word "shall" is mandatory, and the word "may" is permissive.
…
Cannabis business: any person or entity that engages in the cultivation, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation,
delivery, or sale of cannabis or cannabis products that requires a state license, including
medicinal cannabis or medicinal cannabis product as defined in section 26001 of the
Business and Professions Code.
SECTION 3. Section 18.13.020, General Provision, of Chapter 13 - P-C, Planned
Community Zone, of Title 18, Zoning, of the Ceres Municipal Code shall be amended to
add subdivision (L) as follows:
The following general provisions shall apply to all P-C zones:
…
L. Cannabis businesses shall be permitted in any P-C zone subject to a cannabis
conditional use permit as provided for in chapter 18.44 of this title.
SECTION 4. Section 18.16.040, Conditional uses, of Chapter 16 - C-2, Community
Commercial Zone, of Title 18, Zoning, of the Ceres Municipal Code shall be amended to
revise the introductory paragraph and add subdivision (M) as follows:
18.16.040 – Conditional Uses
The following uses may be permitted in the C-2 zone subject to a conditional use permit
as provided for in chapter 18.30 or 18.44 of this title.
…
M. Cannabis businesses
SECTION 5. Section 18.17.040, Conditional uses, of Chapter 17 - C-3, Wholesale
Commercial Zone, of Title 18, Zoning, of the Ceres Municipal Code shall be amended to
revise the introductory paragraph and add subdivision (L) as follows:
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ITEM 11a & 11b
ATTACHMENT B
18.17.040 – Conditional Uses
The following uses may be permitted in the C-3 zone subject to a conditional use permit
as provided for in chapter 18.30 or 18.44 of this title.
…
L. Cannabis businesses
SECTION 6. Section 18.18.040, Conditional uses, of Chapter 18 - H-1, Highway
Commercial Zone, of Title 18, Zoning, of the Ceres Municipal Code shall be amended to
revise the introductory paragraph and add subdivision (E) as follows:
18.18.040 – Conditional Uses
The following uses may be permitted in the H-3 zone subject to a conditional use permit
as provided for in chapter 18.30 or 18.44 of this title.
…
E. Cannabis businesses
SECTION 7. Section 18.19.040, Conditional uses, of Chapter 19 - M-1, Light Industrial
Zone, of Title 18, Zoning, of the Ceres Municipal Code shall be amended to revise the
introductory paragraph and add subdivision (L) as follows:
18.19.040 – Conditional Uses
The following uses may be permitted in the M-1 zone subject to a conditional use permit
as provided for in chapter 18.30 or 18.44 of this title.
…
L. Cannabis businesses
SECTION 8. Section 18.20.040, Conditional uses, of Chapter 20 - M-2, General Industrial
Zone, of Title 18, Zoning, of the Ceres Municipal Code shall be amended to revise the
introductory paragraph and add subdivision (T) as follows:
18.20.040 – Conditional Uses
The following uses may be permitted in the M-2 zone subject to a conditional use permit
as provided for in chapter 18.30 or 18.44 of this title.
…
T. Cannabis businesses
SECTION 9. Severability. If any section, subdivision, sentence, clause, phrase or portion
of this ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining portions thereof
and shall continue to be in full force and effect.
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ITEM 11a & 11b
ATTACHMENT B
SECTION 10. Effective Date and Publication. This Ordinance shall become effective
thirty (30) days from and after its final passage and adoption, provided it is published in a
newspaper of general circulation at least within fifteen (15) days after its passage or a
summary of the Ordinance is published in a newspaper of general circulation at least five
(5) days prior to adoption and again at least within fifteen (15) days after its passage.
This Ordinance was introduced at a regular meeting of the City Council held on the 23rd
day of March 2026, and passed and adopted as Ordinance No. 2026-XXXX at a regular
meeting of City Council held on the 13th of April 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED:
________________________________
Javier Lopez, Mayor
ATTEST:
______________________________
Fallon Martin, City Clerk
APPROVED AS TO FORM:
______________________________
Nubia I. Goldstein, City Attorney
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ATTACHMENT C
Section 5.03.010, General, of Chapter 3, General Permit Procedure, of Title 5, Business
Licenses and Regulations, of the Ceres Municipal Code shall be amended to remove
subsection 16, Commercial cannabis businesses, and move 17, Sidewalk vending, to 16
of Paragraph (A) as follows:
5.03.010 – General.
A. Certain activities in the City require permits issued by the City Manager or designee.
The following activities require a permit issued by the City:
1. Patrol services;
2. Motion picture and television production;
3. Alcoholic beverages;
4. Junk dealers and scrap metal recyclers;
5. Special events and temporary street closures;
6. Public dances, dancing places, and concerts;
7. Fortunetelling;
8. Taxicabs;
9. Adult entertainment businesses;
10. Garage sales;
11. Massage establishments;
12. Mobile food vendor;
13. Bingo;
14. Firework sales;
15. Ambulances;
16. Commercial cannabis businesses.
1716. Sidewalk vending
B. All requirements of this chapter are in addition to the requirements of chapters 5.06
through 5.24.
Chapter 5.22, Cannabis Pilot Program, of Title 5, Business Licenses and Regulations, of
the Ceres Municipal Code shall be repealed in its entirety and replaced with a new
Chapter 5.22, Cannabis Business Regulations, which shall read as follows:
5.22.010 - Declaration of purpose.
A. The City finds and declares that the purpose of this chapter is to regulate all
commercial cannabis activity in the City of Ceres, to the extent authorized by state
law and in a manner designed to minimize negative impacts on the City, and to
promote the health, safety, morals, and general welfare of residents and
businesses within the City.
ITEM 11a & 11b
ATTACHMENT C
B. It is the purpose and intent of the City Council to implement state law by regulating
cannabis businesses and to ensure that commercial cannabis activity does not
result in the diversion of cannabis for illicit purposes.
C. The regulations in this chapter do not interfere with a qualified patient's right to
obtain and use cannabis as authorized under state law, nor do they criminalize the
possession or cultivation of cannabis by qualified patients or their primary
caregivers. Cannabis businesses shall comply with all provisions of the Ceres
Municipal Code, state law, and all other applicable local and state regulations. It is
neither the intent nor the effect of this chapter to condone or legitimize the illegal
use, consumption, or cultivation of cannabis under federal, state, or local law.
5.22.020 - Definitions.
Adult Use of Marijuana Act or AUMA has the same meaning as Proposition 64, the
Control, Regulate, and Tax Adult Use of Marijuana Act approved by California voters at
the November 8, 2016, election, and any applicable rules and regulations promulgated
thereafter.
Business means a profession, trade, occupation, gainful activity, and all and every kind
of calling whether or not carried on for profit.
City Manager shall mean the Ceres City Manager or designee.
Commercial cannabis activity includes the cultivation, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or
sale of cannabis or cannabis products that requires a state license, including medicinal
cannabis or medicinal cannabis product as defined in section 26001 of the Business and
Professions Code.
Cannabis business shall mean any person or business that engages in commercial
cannabis activity.
Cannabis business permit shall mean any permit issued to a cannabis business pursuant
to the provisions of this chapter.
Cannabis Business Pilot Program shall mean the City's permitting process and
procedures pursuant to the provisions of this chapter for the purpose of determining and
evaluating the feasibility and desirability of regulating multiple cannabis businesses within
City limits.
Cultivation means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
Medicinal and Adult-Use Cannabis Regulation and Safety Act or MAUCRSA has the
same meaning as chapter 1 (commencing with section 26000) of division 10 of the
California Business and Professions Code, and any applicable rules and regulations
promulgated thereafter.
Primary caregiver shall have the same meaning as set forth in California Health and
Safety Code section 11362.7(d).
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ATTACHMENT C
Qualified patient shall have the same meaning as set forth in California Health and Safety
Code section 11362.7(f).
5.22.030 - Cannabis business pilot program.
A. Cannabis businesses shall only be permitted to operate in the City following
application, investigation, verification, approval, and issuance of a development
agreement approved by the City Council, and a cannabis business permit issued
by the City in accordance with the criteria and procedures set forth in this chapter.
No land use entitlement, permit (including building permit) approval, site plan,
certificate of occupancy, zoning clearance, or other land use authorization for a
cannabis business shall be granted or permitted unless it complies with the
provisions of the Ceres Municipal Code.
B. All persons who are engaged in or who are attempting to engage in commercial
cannabis activity in any form shall do so only in strict compliance with the terms,
conditions, limitations and restrictions of this chapter, AUMA, and MAUCRSA, as
it applies, the provisions of the Ceres Municipal Code, as may be amended from
time to time, and all other applicable state and local laws and regulations.
C. The City Manager is authorized to make policies and procedures consistent with
the intent of this chapter concerning the applications, the application process, the
information required of an applicant, the application procedures, and the
administration and procedures to be used and followed in the application and
hearing process.
5.22.040 - All state and local licenses and permits required.
A. No cannabis business shall operate unless it is in possession of all applicable state
and local licenses and permits.
B. Every cannabis business shall submit to the City Manager a copy of any and all of
its state and local licenses and permits required for its operation.
C. If any other applicable state or local license or permit required for a cannabis
business' operation is denied, suspended, modified, revoked, or expired, the
cannabis business shall notify the City Manager in writing within ten days of such
denial, suspension, modification, revocation, or expiration.
5.22.050 - Permits not transferable.
Cannabis business permits issued pursuant to this chapter are not property and have no
value. Cannabis business permits may not be transferred, sold, assigned or bequeathed
expressly or by operation of law. Any attempt to directly or indirectly transfer a cannabis
business permit shall be unlawful and void, and shall automatically revoke the permit.
•
5.22.060 - Development agreement.
A. Prior to operating in the City, and as a condition of issuance of any applicable
permits, including, but not limited to, a cannabis business permit, the applicant
seeking to operate a cannabis business shall enter into a development agreement
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ITEM 11a & 11b
ATTACHMENT C
with the City setting forth the terms and conditions under which the cannabis
business will operate. Such development agreement shall be in addition to the
requirements of this chapter, including, but not limited to, public outreach and
education, community service, payment of fees and other charges as mutually
agreed upon, approval of architectural plans (including site plan, floor plan, and
elevation), and such other terms and conditions that will protect and promote the
public health, safety, and welfare of all persons in the City.
B. Every development agreement approved by the City pursuant to this chapter shall
be subject to an annual review by the City Council to determine compliance with
the terms of the development agreement, applicable local and state laws and
regulations, this chapter, and the Ceres Municipal Code. The City Council may
from time to time determine whether to allow additional cannabis businesses as
part of the Cannabis Business Pilot Program.
5.22.070 - Nonconforming use.
Any cannabis business established or operating in the City in violation of this chapter shall
not be considered a lawful or permitted nonconforming use, and no such cannabis
business shall be eligible for issuance of any permits or approvals under the Ceres
Municipal Code. Further, any such unlawfully established cannabis business shall
constitute a public nuisance subject to abatement by the City.
5.22.080 - Outdoor cultivation of cannabis prohibited.
A. A cannabis business shall only be allowed to cultivate cannabis within a fully
enclosed building.
B. A cannabis business shall not cultivate cannabis outdoors.
C. The outdoor cultivation of cannabis, as defined in California Business and
Professions Code section 26001, is strictly prohibited on all agricultural, residential,
commercial, and industrial zoned properties.
5.22.090 - Relationship to other laws.
Except as otherwise specifically provided herein, this chapter incorporates the
requirements and procedures set forth in chapter 1 (commencing with section 26000) of
division 10 of the California Business and Professions Code, or its successors. In the
event of any conflict between the provisions of this chapter and the provisions of that
chapter or any other applicable state or local law, the more restrictive provision shall
control.
5.22.100 - Statewide regulation.
This chapter, and the provisions herein, shall be read consistent with any statewide
regulation of cannabis that is promulgated by the legislature or by voter approval.
5.22.110 - Severability.
Should any provision of this chapter, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise
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ATTACHMENT C
void, that determination shall have no effect on any other provision of this chapter or the
application of this chapter to any other person or circumstance and, to that end, the
provisions hereof are severable.
Chapter 5.22
CANNABIS BUSINESS REGULATIONS
Sections:
5.22.010 Declaration of purpose.
5.22.020 Definitions.
5.22.030 State requirements.
5.22.040 Required local approvals.
5.22.050 Cannabis business application.
5.22.060 Investigation and fingerprinting of applicant.
5.22.070 Development agreement.
5.22.080 Revocation of development agreement.
5.22.090 Cannabis business tax.
5.22.100 Operational requirements.
5.22.110 Limit on number of cannabis dispensaries.
5.22.120 Inspections.
5.22.130 Enforcement.
5.22.140 Public nuisance.
5.22.150 Cost recovery.
5.22.160 Nonconforming use.
5.22.170 Relationship to other laws.
5.22.180 Severability.
5.22.010 Declaration of Purpose.
A. The City finds and declares that the purpose of this chapter is to regulate all
commercial cannabis activity in the City of Ceres, to the extent authorized by state
law and in a manner designed to minimize negative impacts on the City, and to
promote the health, safety, morals, and general welfare of residents and
businesses within the City.
B. It is the purpose and intent of the City Council to implement state law by
regulating cannabis businesses and to ensure that commercial cannabis activity
does not result in the diversion of cannabis for illicit purposes.
C. Cannabis businesses shall comply with all provisions of the Ceres Municipal Code,
state law, and all other applicable local and state regulations. It is neither the intent
nor the effect of this chapter to condone or legitimize the illegal use, consumption,
or cultivation of cannabis under federal, state, or local law.
D. The regulations in this chapter do not interfere with a qualified patient's right to
obtain and use cannabis as authorized under state law, nor do they criminalize the
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ATTACHMENT C
possession or cultivation of cannabis by qualified patients or their primary
caregivers.
5.22.020 Definitions.
Abatement costs shall include the actual and reasonable costs incurred by the City to
abate a public nuisance. These costs include all direct and indirect costs to the City that
result from the total abatement action, including, but not limited to, investigation costs,
costs to enforce the Ceres Municipal Code and any applicable State, County or local law,
clerical and administrative costs to process paperwork, costs incurred to provide notices
and prepare for and conduct administrative appeal hearings, and costs to conduct actual
abatement of the nuisance. Costs include personnel costs, administrative overhead, costs
for equipment such as cameras and vehicles, staff time to hire a contractor, and
reasonable attorneys’ fees incurred by City.
Applicant shall mean a person that files an application to operate a cannabis business
pursuant to this code.
Business means a profession, trade, occupation, gainful activity, and all and every kind
of calling whether or not carried on for profit.
Cannabis shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude
or purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means
the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does
not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis”
does not mean “industrial hemp” as defined by Cal. Health & Safety Code § 11018.5.
Commercial cannabis activity includes the cultivation, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or
sale of cannabis or cannabis products that requires a state license, including medicinal
cannabis or medicinal cannabis product as defined in section 26001 of the Business and
Professions Code.
Cannabis business shall mean any person or business that engages in commercial
cannabis activity.
Cannabis Business Tax shall mean the tax imposed on all commercial cannabis
businesses pursuant to Ceres Municipal Code chapter 3.26.
Cannabis conditional use permit shall mean a conditional use permit issued to a cannabis
business pursuant to Ceres Municipal Code chapter 18.44.
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ATTACHMENT C
Cannabis delivery or cannabis deliveries shall mean the sale of cannabis and cannabis
products by delivery to a customer pursuant to a Type 10 State cannabis license.
“Cannabis delivery” does not mean the transfer or sale of cannabis or cannabis products
between two cannabis businesses.
Cannabis dispensary shall mean a business at a particular location or real property
involving the distribution of cannabis to qualified patients, primary caregivers, persons
with identification cards, or customers pursuant to a Type 10 State cannabis license that
is consistent with State law and this chapter.
Cannabis manufacturing business shall mean any cannabis business that, pursuant to a
Type 6, Type 7, or Type 12 State cannabis license, manufactures cannabis or cannabis
products.
Cannabis product shall mean cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to,
concentrated cannabis, or an edible or topical product containing cannabis or
concentrated cannabis and other ingredients.
City business license shall mean a business license issued by the City pursuant to Ceres
Municipal Code Title 5.
City Manager shall mean the Ceres City Manager or their designee.
Cultivation shall mean any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of cannabis.
Customer shall mean natural person 21 years of age or older or a natural person 18 years
of age or older who possesses a physician's recommendation, or a primary caregiver who
purchases or otherwise lawfully obtains cannabis or cannabis products from a licensed
cannabis business for personal use, whether for medicinal or adult-use purposes, and not
for resale.
Medicinal and Adult-Use Cannabis Regulation and Safety Act or MAUCRSA has the
same meaning as chapter 1 (commencing with section 26000) of division 10 of the
California Business and Professions Code, and any applicable rules and regulations
promulgated thereafter.
Permittee shall mean any person or entity who has been granted a cannabis conditional
use permit by the City authorizing the operation of a cannabis business, and who is
operating or intends to operate such business in accordance with the terms and
conditions of that permit.
Person shall mean an individual, firm, partnership, joint venture, association, corporation,
limited liability company, estate, trust, business trust, receiver, syndicate, or any other
group or combination acting as a unit and includes the plural as well as the singular
number.
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Primary caregiver shall have the same meaning as set forth in California Health and
Safety Code section 11362.7(d).
Responsible party shall mean a person or entity responsible for creating, causing,
committing, or maintaining any violation of this code or State, County, or local law.
Subject property shall mean the real property that is the subject of any abatement or
enforcement action by the City for which the City incurred costs and seeks recovery under
this code.
Qualified patient shall have the same meaning as set forth in California Health and Safety
Code section 11362.7(f).
5.22 030 State requirements.
A. Any cannabis business that does not have the applicable state license is prohibited
within the City.
B. Every cannabis business operating within the City shall:
1. Obtain and maintain all required licenses, permits, and approvals issued by
the State of California or any applicable state regulatory agency, including,
without limitation, licenses under the Medicinal and Adult-Use Cannabis
Regulation and Safety Act (MAUCRSA).
2. Operate in full compliance with all applicable state laws, regulations, and
guidelines governing cannabis businesses, including but not limited to
cultivation, manufacturing, distribution, testing, and retail sales.
3. Immediately notify the City of any suspension, revocation, or other
enforcement action taken by a state agency against the business’s
license(s).
4. Cease operations if any required state license is suspended or revoked until
such time as the license is reinstated.
C. This chapter, and the provisions herein, shall be read consistent with any statewide
regulation of cannabis that is promulgated by the legislature or by voter approval.
5.22.040 Required local approvals.
A. No person or entity shall establish, operate, or continue to operate any cannabis
business within the City without first obtaining and thereafter maintain in good
standing each of the following approvals:
1. A valid development agreement.
2. A valid cannabis conditional use permit.
3. A valid City business license.
B. Each cannabis business shall continuously maintain all required approvals listed
in subsection (A). The expiration, suspension, or revocation of any one of these
approvals shall constitute grounds for suspension or revocation of the others and
shall immediately require the cessation of all cannabis operations until such
approvals are reinstated or reissued.
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C. The issuance of any approval under this Chapter does not create a vested right to
continue operating a cannabis business and shall not limit the City’s authority to
amend, suspend, or terminate such approvals as provided by law or the terms of
the applicable approval.
5.22.050 Cannabis business application.
A. A person may apply to operate a cannabis business by filing a cannabis business
application with the City Manager on a form provided by the City.
B. No cannabis business application shall be processed unless applicant pays the
application fee in an amount to be established by resolution of the City Council.
C. No cannabis business application shall be processed unless applicant has
entered into a funding agreement with the City to cover application processing
costs and all other established costs payable to the City in connection with a
cannabis business application.
D. No cannabis business application shall be processed unless applicant has
executed an indemnification agreement approved by the City Attorney.
E. Any proposed transfer of ownership of a cannabis business shall be submitted
through a cannabis business application, together with all required fees and
documentation. The transferee shall meet all eligibility requirements for a
cannabis business under this chapter.
5.22.060 Investigation and fingerprinting of applicant.
A. Prior to the acceptance of applications for a license, transfer of ownership, or other
approval as provided in this chapter, the following individuals shall authorize the
Chief of Police to perform criminal background investigation by providing verified
fingerprint information to the Ceres Police Department:
1. If the applicant is a natural person, that person.
2. If the applicant is a partnership, all of the partners.
3. If the applicant is a corporation, both the officers and directors, together
with any person with an ownership interest of ten percent (10%) or more.
B. No cannabis business shall be permitted to operate in the City if the background
investigation indicates disqualifying criminal history.
5.22.070 Development agreement.
A. No cannabis business shall commence or continue operations in the City without
obtaining and maintaining a valid development agreement in full force and effect.
B. An applicant shall be eligible to enter into a development agreement upon
completion of background investigation of all applicable individuals.
C. Development agreements shall be issued pursuant to Ceres Municipal Code
chapter 18.37.
D. A development agreement may be approved prior to an applicant having received
all required state licenses and local permits; however, no cannabis business shall
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ATTACHMENT C
receive a certificate of occupancy nor operate in the City prior to possessing the
required state and local licenses and approvals.
E. Development agreements may not be transferred, sold, assigned or bequeathed
expressly or by operation of law. Any attempt to directly or indirectly transfer a
development agreement shall be unlawful and void and shall automatically revoke
the permit.
F. Development agreements shall be periodically reviewed pursuant to Ceres
Municipal Code section 18.37.180.
5.22.080 Termination of development agreement.
A. Termination of development agreements shall follow procedures provided by
Ceres Municipal Code chapter 18.37.
B. Upon termination a development agreement, an operator’s cannabis conditional
use permit and City business license shall be subject to revocation.
5.22.090 Cannabis business tax.
A. All cannabis businesses within the City are subject to the Cannabis Business Tax
established by Ceres Municipal Code chapter 3.26.
B. A cannabis business’ failure to pay the Cannabis Business Tax constitutes grounds
for revocation of its development agreement, cannabis conditional use permit or
City business license.
5.22.100 Operational requirements.
A. Cannabis business operations shall comply with all applicable state and local laws
and regulations.
B. Cannabis business operations shall comply with the conditions of approval of their
cannabis conditional use permit.
C. A cannabis business shall immediately cease operations upon revocation of its
development agreement, cannabis conditional use permit, or City business license
and operator shall comply with all closure and inventory disposal requirements
under this code and state and local law and regulations.
5.22.110 Limit on number of cannabis dispensaries.
A. The total number of licensed cannabis dispensaries operating within the city shall
not exceed four (4) at any given time.
Alternative
A. The total number of licensed cannabis dispensaries operating within the city shall
not exceed two (2) at any given time.
B. If the maximum number of cannabis dispensaries is reached, no additional
cannabis dispensaries shall be issued a development agreement or cannabis
conditional use permit until an existing cannabis dispensary’s development
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agreement and cannabis conditional use permit is voluntarily surrendered,
revoked, or otherwise terminated.
5.22.120 Inspections.
A. The City Manager and any authorized City official shall have the right to enter the
premises of any cannabis business, during regular business hours or at any other
reasonable time, to inspect the premises and business records to ensure
compliance with this code, any conditions of approval, and state and local law and
regulations.
5.22.130 Enforcement.
A. Violation of any condition of approval of a cannabis conditional use permit shall
constitute a violation of this chapter.
B. Violations of this chapter are subject to administrative remedies provided by Ceres
Municipal Code chapter 19.10.
C. The amount of fine imposed for violation of this chapter shall not exceed:
a. Schedule 1. Five Hundred Dollars ($500) for a first violation.
b. Schedule 2. Seven hundred and Fifty Dollars ($750) for a second violation
of the same code section within one (1) year.
c. Schedule 3. One Thousand Dollars ($1,000) for each additional violation of
the same code section within one (1) year.
D. Each violation of this chapter, or of any condition of approval of a cannabis
conditional use permit, shall constitute a separate offense.
E. Any permittee whose cannabis conditional use permit, development agreement, or
City business license is revoked shall immediately cease all cannabis-related
operations within the City.
F. In addition to any other remedy, the City may seek injunctive relief and may recover
costs of enforcement, including attorneys’ fees.
G. The remedies provided herein are cumulative and in addition to any other remedies
available under law.
5.22.140 Public nuisance.
A. Any commercial cannabis use or activity caused or permitted to exist in the City in
violation of any provision of this chapter shall be and is hereby declared a public
nuisance and may be abated by the City pursuant to the procedures provided by
Ceres Municipal Code chapter 19.07.
B. The remedies provided in this section are cumulative and do not limit the City’s
authority to pursue all other remedies available under law.
5.22.150 Cost recovery.
A. The City shall be entitled to recover its abatement and enforcement costs incurred
in obtaining compliance with this code. Costs incurred by the City are recoverable
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even if a public nuisance or violation of this code, the Ceres Municipal Code, or
state law or regulation is corrected by the property owner or other responsible
party.
B. The cost of abating a public nuisance or enforcing this code shall either be a
special assessment and lien on the subject property or the personal obligation of
the owner of the subject property or the responsible party. If there is more than one
(1) responsible party, each party shall be jointly and severally liable for the costs.
5.22.160 Nonconforming use.
Any cannabis business established or operating in the City in violation of this chapter shall
not be considered a lawful or permitted nonconforming use, and no such cannabis
business shall be eligible for issuance of any permits or approvals under the Ceres
Municipal Code. Further, any such unlawfully established cannabis business shall
constitute a public nuisance subject to abatement by the City.
5.22.170 Relationship to other laws.
Except as otherwise specifically provided herein, this chapter incorporates the
requirements and procedures set forth in chapter 1 (commencing with section 26000) of
division 10 of the California Business and Professions Code, or its successors. In the
event of any conflict between the provisions of this chapter and the provisions of that
chapter or any other applicable state or local law, the more restrictive provision shall
control.
5.22.180 Severability.
Should any provision of this chapter, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise
void, that determination shall have no effect on any other provision of this chapter or the
application of this chapter to any other person or circumstance and, to that end, the
provisions hereof are severable.
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ATTACHMENT D
Chapter 44, Cannabis Conditional Use Permits, shall be added to of Title 18, Zoning,
of the Ceres Municipal Code which shall read as follows:
Chapter 18.44 - CANNABIS CONDITIONAL USE PERMITS
Sections:
18.44.010 Definitions.
18.44.020 Cannabis conditional use permit required.
18.44.030 Cannabis conditional use permit application.
18.44.040 Cannabis conditional use permit procedure.
18.44.050 Revocation of cannabis conditional use permit.
18.44.060 Conditions of approval for cannabis conditional use permit.
18.44.070 General conditions.
18.44.080 Premises conditions.
18.44.090 Security conditions.
18.44.100 Signage conditions.
18.44.110 Cannabis waste conditions.
18.44.120 Odor control conditions.
18.44.130 Cultivation conditions.
18.44.140 Manufacturing conditions.
18.44.150 Cannabis delivery conditions.
18.44.160 Insurance conditions.
18.44.170 Severability.
18.44.010 Definitions.
Applicant: a person that files an application for a cannabis conditional use pursuant to this
chapter.
Cannabis: all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis
ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the
separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not
include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis”
does not mean “industrial hemp” as defined by Cal. Health & Safety Code § 11018.5.
Cannabis business: any person or entity that engages in commercial cannabis activity.
ITEM 11a & 11b
ATTACHMENT D
Cannabis business tax: the tax imposed by the City on persons engaged in a cannabis
business pursuant to Ceres Municipal Code chapter 3.26.
Cannabis conditional use permit: a conditional use permit issued to a cannabis business
pursuant to this chapter.
Cannabis cultivation business: any business engaged in commercial cannabis activity
involving the planting, growing, harvesting, drying, curing, grading, or trimming of
cannabis.
Cannabis delivery: the sale of cannabis and cannabis products by delivery to a customer
pursuant to a Type 10 State cannabis license. “Cannabis delivery” does not mean the
transfer or sale of cannabis or cannabis products between two cannabis businesses.
Cannabis dispensary: a business at a particular location involving the distribution of
cannabis to customers pursuant to a Type 10 State cannabis license that is consistent
with State law and this chapter.
Cannabis manufacturing business: a business engaged in commercial cannabis activity
involving compounding, blending, extracting, infusing, packaging, labeling, or otherwise
making or preparing a cannabis product.
Cannabis product: cannabis that has undergone a process whereby the plant material
has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing cannabis or concentrated cannabis
and other ingredients.
Cannabis waste: waste that is cannabis or cannabis product that has been discarded,
destroyed, or is no longer usable or saleable, including plant material, trimmings, extracts,
infused products, packaging containing cannabis residue, or other materials
contaminated with cannabis.
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