AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, April 11, 2022 – 6:00 p.m.
Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez
ROLL CALL
Mayor: Lopez
Vice Mayor: Silveira
Council Members Casey, Kline, Ryno
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 202 2-21, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT. WHILE THIS MEETING WILL BE PHYSICALLY
OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID-19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE APPLICATION, ZOOM.
Please click the link below to join the webinar:
https://us02web.zoom.us/j/85436215046?pwd=RUdFaDJ2aUExQ1JRd25oeWJqdGxnUT09
Webinar ID: 854 3621 5046 Passcode: 325763; or Dial-in (669) 900-6833
REMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BY 5:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR
WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.
*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected] City Council Agenda
2 INVOCATION
I
nvocation by Pastor Jim Hanna, Grace Community Christian Church.
PLEDGE OF ALLEGIANCE
P
ledge of Allegiance led by Mayor Lopez
PRESENTATIONS
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.
APPOINTMENTS TO BOARDS/COMMISSIONS
A. P
lanning Commission Appointment Process (Hoem)
CONFLICT OF INTEREST DECLARATION
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 Council Member or public for special consideration.
Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.
1. Clerks Report of Posting. The agenda of the April 11, 2022 City Council meeting was posted on Wednesday, April 6, 2022. (Nayares-Perez)
2. Waive Readings. All Readings of Ordinances and resolutions are waived. (Waive reading 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). (Nayares-Perez)
3. Approval of Minutes (Nayares-Perez)
a. Minutes of February 14, 2022 Regular City Council meeting.
4. Register of Audited Demands for Period covering March 23, 2022 through March 30, 2022. (Dias)
5. General Correspondence – Information Only
a. None.
6. Resolution No. 2022-27, authorizing the submittal of an application to the Office of City Council Agenda
3 Traffic and Safety for a Special Traffic Enforcement Program (STEP) Grant. (Collins)
7. Resolution No. 2022-2 8, approving the Cost Sharing Agr eement for the Urban Pavement Preservation Phase E with the County of Stanislaus, and Authorizing the City Manager to Execute the Contract. (Royal)
8. Resolution No. 2022-29, approving a Memorandum of Understanding between the City of Ceres and California State University, Stanislaus’ Career Ready U program, and Authorizing the City Manager to Execute the Contract. (Sims)
9. Resolution No. 2022-3 0, approving a P rofessional Services Agreement with Municipal Resource Group LLC ( “MRG") to provide Human Res ources and Risk Management Consulting Services and authorizing the City Manager to execute the agreement. (Terrazas)
10. Resolution No. 2022-31 , approving the Mid-Y ear Budget Amendment for Fiscal Year 2021-2022. (Dias)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
PUBLIC HEARING
11. P
ublic Hearing to consider final adoption of Ordinance No. 2 022-1071, approving NDC Map 103 adopting new City Council district boundaries . (City Attorney/City Clerk)
12. P
ublic Hearing to consider approving a proposal for Zoning Ordinance Text Amendment (ZOTA) to the Mitchell Road Corridor Specific Plan (MRCSP) that would give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial.” (Hoem)
• Introduction of Ordinance No. 2022-1072
NEW BUSINESS DISCUSSION ITEMS
COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2- City Council Meetings, J -8.
City Council Referrals/Determination of Items for Agenda.)
REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities. • M
ayor
• City Council
• City Manager
City Council Agenda
4 • City Attorney
• Departments
• County Supervisor
CLOSED SESSION
1. LIABLITY CLAIMS
Claimants: Hazel, Hector, Jenelle and Julie Madrigal
Agency Claim filed against: City of Ceres
REPORT FROM CLOSED SESSION
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on April 25, 202 2 at 6:00 p.m. i n the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA
Council Agenda: The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us
and posted at the time and places
noted above.
Related Materials: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2720 Second Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538-5731.
AFFIDAVIT OF POSTING
I, Diane Nayares-Perez, 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 April 6, 2022, at 6:00 p.m. at the following locations in Ceres:
• Community Center Display Case - 2701 Fourth Street
______________________________________
Diane Nayares-Perez
City Clerk
City Council Agenda
5 Notice regarding Americans with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II)
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Linda Ryno, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Christopher Hoem, Community Development Director [email protected] (209) 538-5778
SUBJECT:
Planning Commission Appointment Process
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council execute one of the following two options:
1. Reappoint Commissioner Dave Johnson; or
2. Accept applications for a new Commissioner to replace Dave Johnson, interview those applicants by a panel of the Mayor and one Councilmember of the Mayor’s choice, and forward that panel’s recommendation to the City Council for approval.
I. BA
CKGROUND:
At the October 25, 2021 City Council meeting, Councilmember Casey expressed the following ideas to amend the Planning Commission appointment process:
1. Review and change the process at a future Council meeting for the following reasons:
a. Removal of indefinite terms to allow new people to serve who currently feel they do not have the opportunity.
b. Allow new and innovative ideas to develop.
c. Allow new thought processes to be expressed based on the movement of social norms.
d. Prevent the old school of thought to prevail at the expense of city development.
2. Appoint a non-voting student member from Ceres High School or Central Valley High School, or strike that position if the Council wishes to no longer have a non-voting student member on the Planning Commission.
ITEM A
3. Allow each City Councilmember to appoint a Planning Commissioner according to district so that each Council district has a designated Planning Commissioner, and allow the Mayor to appoint one Planning Commissioner at-large.
4. Allow each Planning Commissioner to serve up to three 3-year terms (total of 9 years) instead of the currently unlimited 4-year terms.
The Council agreed to discuss Councilmember Casey’s proposal in more detail at a later meeting. Planning Commissioner Dave Johnson’s term expired December 31, 2021. Staff received an application for appointment from David Johnson and Mohinder Kanda.
Historically, the regular process for refilling an expired term has been to either reappoint the incumbent Commissioner or accept applications from City residents. Once applications are received, a panel of the Mayor and one City Councilmember of the Mayor’s choice interview the applicants and choose one for the Council to approve.
The Council may choose to pursue this regular process or provide alternative direction to staff.
Attachment A includes a list of the current Planning Commission members.
II. REA
SONS FOR RECOMMENDATION:
Staff recommends continuing with the regular process of either reappointing Commissioner Dave Johnson or appointing a new Commissioner.
The alternative proposal to assign Planning Commissioners by Council districts may pose challenges due to the historically low level of interest and new member applications. Staff has had difficulty finding willing applicants and usually receives a small number of applications. With this alternative proposal, a situation may arise where a willing applicant is precluded from selection due to residing in a different Council district. However, in order to expand the geographic representation on the Commission, staff would support a goal or guideline rather than a strict requirement of by-district residency. For example, the panels interviewing potential Commissioners could acknowledge the applicant’s Council district residency as another factor of their decision-making process.
The alternative proposal would also remove three experienced members and replace them with three new members. While this may bring new ideas to the Commission, it would also immediately leave the Commission with diminished knowledge and experience to confront upcoming land use decisions. If the City Council wishes to create term limits, staff would recommend phasing in such a change so that the Commission retains a baseline of necessary knowledge and experience. This could be accomplished by allowing existing members to finish their current terms and be replaced in a staggered fashion.
III. F
ISCAL IMPACTS:
There is no fiscal impact.
ITEM A
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
Staff’s recommendation supports the Strategic Plan’s Government-Operations-related goal “to provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped, and sufficient staff…” This could extend to assuring that there is sufficient experience among members of the Planning Commission to make informed land use decisions.
V. PO
LICY ALTERNATIVES:
The Council could choose to redesign the process for appointing Planning Commission members as described above.
VI. STEPS FOLLOWING APPROVAL:
Following approval of this item, staff will facilitate Council’s direction according to the option that was chosen.
Approved by:____ _________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Attachment A – List of Planning Commission Members
ITEM A
ITEM A
Attachment A
List of Planning Commission members
Name Original Appt. Reappointed Term Expires Council District Gary Del Nero Feb 14, 2005 Oct 11, 2021 Dec 31, 2024 District 3 David Johnson Dec 11, 2017 Dec 31, 2021 District 1
Bob Kachel Aug 27, 2007 Oct 11, 2021 Dec 31, 2024 District 1 Daniel Martinez Oct 11, 2021 Dec 31, 2023 District 4
Laurie Smith Jan 22, 2007 Dec 10, 2018 Dec 31, 2022 District 1
ITEM A
ITEM A
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, February 14, 2022 – 6:00 p.m.
Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez called the February 14, 2022 Regular City Council meeting to order.
ROLL CALL
Mayor: Lopez
Vice Mayor: Silveira
Council Members: Casey, Kline, Ryno
INVOCATION
Invocation was given by Pastor Scott Elliott, Big Valley Grace.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
A. Proclamation declaring February as Black History Month in the City of Ceres.
Mayor Lopez read the Proclamation into the record and presented it to Christopher and Sherry Nelson from the Stanislaus Chapter of the NAACP.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
Lee Brandt commented on the use of ARPA funds that was discussed at the January 24 th
meeting. He inquired if the parking covers at the police department would have solar panels and suggested some of the money be set aside for downtown lighting and updates to the water tower . He agrees with John Warren’s letter to the Ceres Courier regarding adding more code enforcement , he believes it will free up police officers. He further City Council meeting was conducted this meeting in accordance with California Governor Newsom’s Executive Orders N-20-20 and N-35-20 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.
ITEM 3
City Council Minutes
2 commented he would like to see the touchless crossing eliminated and asked for the for the California code regarding mufflers to be more closely enforced.
John Osgood addressed the amount of time the City waited to appoint Police Chief Collins to the Ceres Fire Protection Agency JPA Oversight Committee. He would like to see things done in a more timely manner.
John Warren commented that he did not find anything related to where to place your waste cans when not in use on the flyer that came in the mail. He recalled that last year Public Works advised they would be enforcing the placement of cans when not in use and he would like more information on how the City plans to follow through.
Gene Yeakly asked the people of Ceres to get involved in their community and report any issues they see in the City by phone or on the website.
APPOINTMENTS TO BOARDS/COMMISSIONS
B. Resolution 2022-04 Council concurrence of Mayor Lopez’s recommendation to appoint the Chief of Police as a City of Ceres representative on the Modesto- Ceres Fire Protection Agency JPA Oversight Committee. (Collins)
Richard Collins, Chief of Police, provided a brief overview of the item.
Council Member Kline inquired if the person to be appointed needed to be a current City employee or if they could be a retired one. He further clarified on what the appointed position entailed and what the committee oversees.
Mayor Lopez asked if anyone from the public had any comments and the following citizens spoke:
John Osgood clarified he was not challenging the appointment, his issue was that it took a long time for the Chief of Police to assume the role.
MOTION: M
otion by Council Member Kline, seconded by, Vice Mayor Silveira approving resolution 2022-04. 5/0/0 Motion passes see below by the following roll call vote:
AYES:
5 Council Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
CONFLICT OF INTEREST DECLARATION
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 Council Member or public for special consideration.
Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.
ITEM 3
City Council Minutes
3 1. Clerks Report of Posting. The agenda of the February 14, 2022 City Council meeting was posted on Wednesday, February 9, 2022. (Nayares-Perez)
2. Waive Readings. All Readings of Ordinances and resolutions are waived. (Waive reading 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). (Nayares-Perez)
3. Approval of Minutes (Nayares-Perez)
a. Minutes of November 22, 2021, December 13, 2021 Regular City Council meetings and December 6, 2021 Special City Council Meeting.
4. Register of Audited Demands for Period covering January 18, 2022 through January 31, 2022 (Dias)
5. Resolution 2022-05 awarding an agreement with SNS Automation for the Public Work’s Department’s SCADA service and maintenance and authorize the City Manager to execute the agreement. (Royal)
6. Resolution No. 2022 -06, continuing the teleconference of Public Meetings Pursuant to Assembly Bill 361 allowing the City to continue a Hybrid Virtual Meeting Environment. (City Attorney)
Mayor Lopez asked if any Council Member or citizen would like an item pulled from the Consent Calendar and be heard under separate motion. No items were removed from Consent.
MOTION: M
otion by Council Member Kline, seconded by Vice Mayor Silveira , to approve items 1- 2, 4, 5 and 6. 5/0/0 Motion passes see below by the following roll call vote:
AYES:
5 Council Members: Casey, Ryno, Kline, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
MOTION: M
otion by Council Member Kline , seconded by Vice Mayor Silveira , to approve item 3. 4/0/1 Motion passes see below by the following roll call vote:
AYES:
4 Council Members: Casey, Ryno, Silveira, Mayor Lopez
NOES: 0 Council Members: None
ABSTAIN: 1 Council Members: Kline
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
None.
UNFINISHED BUSINESS
None.
ITEM 3
City Council Minutes
4 PUBLIC HEARING
(The public hearing for this item was last set for the City Council meeting of November 8, 2021. )
7. Public Hearing to consider 18- 09 Rezone (RZ); Proposal for a Rezoning of the property located at the northeast corner of East Hatch Road and Golf Links Drive to modify the existing “MX -2, Mixed-Use – 2" zoning designation to a “CC, Community Commercial” zoning designation within the Mitchell Road Corridor Specific Plan, and to consider an appeal of the Planning Commission’s decision of approving a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement involving the subdivision of a 2.16-acre commercial zoned site into 3 parcels with a new commercial building proposed for each parcel. The City Planning Commission considered this proposal at their March 2, 2020 meeting and made a recommendation to the City Council to approve the Rezone by a 4-1 vote. (Hoem) • Resolution No. 2022-07, adopting the Mitigated Negative Declaration prepared for a Rezone (18-09 RZ), a Vesting Tentative Parcel Map (18-10 VTPM), and a Specific Plan Site Plan (18-11 SPSP) entitlement involving the subdivision of a
2.16-acre commercial zoned site into 3 parcels with a new commercial building proposed for each parcel.
• Resolution No. 2022-08, amending Conditions of Approval #3, 6, and 7 for a Specific Plan Site Plan #18-11.
• Introduction of Ordinance No. 2022- 1070, adopting a Rezone (18- 09 RZ) to change the zoning designation of “MX-2, Mixed Use – 2" to “CC , Community Commercial” for the 2.16 +/- acre site.
Christopher Hoem, Community Development Director, advised staff received a request from the applicant and the appellant for continuance of this item to the March 28, 2022 meeting.
Mayor Lopez opened the Public Hearing and asked if anyone from the public h ad any comments and the following citizens spoke:
Ken Thornberry inquired if it took one or three C ouncil Members to have agenda item continued.
Attorney Dave Romano, representing applicant Surgit Singh, advised they requested a six-week continuance to allow for time to meet and discuss the project with Mr. Thornbery to see if the issues could be further resolved before Council has to consider this matter.
David Yonan, resident near River Oaks, inquired how many Council Members were on the Council when this started with 4- 5 years ago. He commented that at the time they were advised the property would be MX-2 and it was described as a possible doctor, dentist or counseling office. He further commented that the CC definition the developer wants will allow all forms of retail and provided examples of the retail centers at Roeding and Mitchell Roads and one on Central Avenue. He advised it was not what they were originally sold on and would like Council to do what is right.
ITEM 3
City Council Minutes
5 John Warren believes it should have stayed zoned recreational and does not feel they need that type of retail shopping center in that location. He understands the current applicant had the opportunity to request the change in zoning at the time the general plan was changed.
Candice Fernandes lives near River Oaks and agrees with Mr. Y onan completely. She was at the meeting where they were told it would stay MX -2. She believes there will be many other neighbors at the March 28
th meeting.
Mayor Lopez closed the Public Hearing and brought the item back for Council action.
MOTION: M otion by Vice Mayor Silveira , seconded by, Council Member Kline to continue item in six weeks on March 28, 2022. 5/0 /0 Motion passes see below by the following roll call vote:
AYES:
5 Council Members: Casey, Ryno, Kline, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
NEW BUSINESS
None.
DISCUSSION ITEMS
8. Expansion of Ceres Recycled Water Exports via the North Valley Regional Recycled Water Program (Royal)
Sam Royal , Interim Public Works Director , introduced Karen Morgan, Public Works Superintendent, who gave a brief overview of the item. Anthea Hansen, General Manager of the Del Puerto Water District followed with a presentation.
Dan Madden, Interim Municipal Services Director for the City of Turlock, advised that their water treatment facility has the capacity to accept the volume of flow they are moving into.
The pipeline to Turlock has a 4 to 6 million gallon capacity and the current contract i s for 2 million gallons a day.
Council Member Kline inquired if Del Puerto Water District was going to offset the cost for Ceres for the increase in flow to Turlock.
Direction: Council directed staff to bring proposal to Council at a future date.
COUNCILMEMBER REFERRALS
Council Members 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.)
None.
ITEM 3
City Council Minutes
6 REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.
• Mayor – Announced 600 N-95 masks would be disbursed Thursday, February 17th via drive thru at the Ceres Community Center.
• City Council - None
• City Manager – City Manager, Alex Terrazas, also mentioned the mask disbursement and added details regarding the mask mandate expiring on February 15th. • City Attorney - None
• Departments - None
• County Supervisor - None
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code)
City Negotiator: City Manager
Employee Organization: Department Heads (unrepresented)
2. PUBLIC EMPLOYMENT (Pursuant to Section 54957 of the Government Code)
Title: City Manager
REPORT FROM CLOSED SESSION
ACTION: Mayor Lopez reported the following:
1. There was nothing to report on the closed session item.
2. There was nothing to report on the closed session item.
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on February 28, 2022 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 8:08 p.m.
_____________________________
Javier Lopez, Mayor
_______________________________
By Cristina Aguilar, Deputy City Clerk
for Diane Nayares-Perez, CMC, City Clerk
Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter
ITEM 3
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Linda Ryno, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Leticia Dias, Finance Director
[email protected], (209) 538-5764
SUBJECT:
Register of Audited Demand(s) Dated March 23, 2022 through March 30, 2022
RECOMMENDED COUNCIL ACTION:
City Council approve the register of audited demand(s) dated March 23, 2022 and March 30, 2022 covering obligations to be paid by general warrants #122435 through #122557 in the amount of $1,549,708.10
I. BACKGROUND:
In accordance with Section 37202 of the Government Code of the State of California this is presented herewith a summary of demands against the City of Ceres covering obligations to be paid for the period ending March 30, 2022.
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.
Submitted by: Leticia Dias
Approved by:_____________________________
Alex Terrazas, Interim City Manager
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COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Linda Ryno, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Richard Collins, Chief of Police
[email protected], (209) 538-5725
SUBJECT:
Resolution No. 2022-27, approving Staff to submit an application to the Office of Traffic and Safety for a Special Traffic Enforcement Program (STEP) Grant.
RECOMMENDED COUNCIL ACTION:
Staff recommends Council adopt a resolution approving the submission of an application to the Office of Traffic and Safety for a Special Traffic Enforcement Program (STEP) Grant to cover the cost of equipment and overtime associated with DUI Checkpoints, Saturation Patrols, Selective Traffic Enforcement, Distracted Driving Patrols and Night-time Click it or Ticket Patrols.
I. BACKGROUND:
The Office of Traffic and Safety has created a grant that will provide funding for equipment and personnel overtime costs associated with the department organizing and manning the following:
• DUI Checkpoints
• Officers actively searching for DUI drivers during Saturation Patrols • P articipating in Distracted Driving Patrols
• Participating in Night-time Click it or Ticket Patrols • E nforcing traffic violations, which are the primary causes of collisions, during Selective Traffic Enforcement.
The Grant will provide funding for Traffic Enforcement items such as Radar/Lidar Equipment. It will also provide up to 80, 8- hour shifts of overtime (including the cost of benefits) to be used for DUI Checkpoints, Saturation Patrols, Selective Traffic Enforcement, Distracted Driving Patrols, Night-time Click it or Ticket Patrols and Community Education II. REASONS FOR RECOMMENDATION:
Having equipment and funding for overtime will enable our Officers to spend more time in the Community for the purpose of enforcement and prevention of, and education in Traffic Safety.
ITEM 6
III. FISCAL IMPACTS:
The Grant will provide $76,241.32 for the purchase of equipment, and $128,623.34 to pay for overtime expenses (including the cost of benefits) incurred during DUI Checkpoints, Saturation Patrols, Selective Enforcement, Distracted Driving Patrols, and Night -time Click it or Ticket Patrols.
There is no fiscal impact to the City. The equipment purchased by the Grant will become the property of the City of Ceres and the overtime for Officers will be covered 100% for the life of the Grant, which is one year.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
Approval of this Grant application fulfills the strategic plan for Government Operations: “Provide quality services to meet community needs, assuring that the City has…well trained and properly equipped…staff.”
V. POLICY ALTERNATIVES:
Council could choose to not approve the application for this Grant. If not approved, additional traffic checkpoints, patrols, enforcements and community education would not be feasible.
VI. STEPS FOLLOWING APPROVAL:
Following Council approval, Ceres Police personnel will move forward with completing and submitting the grant application for approval.
Approved by:_____________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. STEP Grant Application Information
ITEM 6
RESOLUTION NO. 2022-27
APPROVING STAFF TO SUBMIT AN APPLICATION TO THE OFFICE OF TRAFFIC
AND SAFETY FOR A SPECIAL TRAFFIC ENFORCEMENT
PROGRAM (STEP) GRANT
The City Council
City of Ceres
WHEREAS, the Special Traffic Enforcement Grant (STEP) will assist law enforcement units in obtaining funds to purchase equipment and pay for overtime cost in association with DUI Checkpoints, Saturation Patrols and Selective Traffic Enforcement; and
WHEREAS, this equipment and overtime will allow our Officers to spend more time in the Community for the purpose of enforcement of, prevention and education in Traffic Safety; and
WHEREAS, the Grant award of $76, 241.32 for equipment and $128,623. 34 for overtime costs is funding that the Police Department could not cover at this time; and
WHEREAS, there is no additional fiscal impact to the City of Ceres.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize Staff to submit an application to the Office of Traffic and Safety for a Special Traffic Enforcement Program (STEP) Grant.
PASSED AND ADOPTED this 11
th day of April, 2022 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
________________________________
Javier Lopez, Mayor
ATTEST:
_____________________________________
Diane Nayares-Perez, CMC, City Clerk
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Application :: Page 1 of 13
Application Information
Application No: 23-004066
Application Type: STEP Agency (City or
County): Ceres
Department
(Police
Dept, DA
Office, etc):
Ceres
Police
Department
Authorized
Representative:
Travis
Hudson
DUNS/SAM
Number: SR2CBKJTJLN3
DUNS/SAM
Expiration
Date:
3/28/2022
DUNS/SAM
Registered Address:
2220
Magnolia St. DUNS/SAM City: Ceres DUNS/SAM
ZIP+4: 95307-3216
Application Summary
Grants Made Easy Application Titles and Descriptions are pre-populated. For General Grants, provide the Application Title and Application Description.
Application Title:
Selective Traffic Enforcement Program (STEP)
Application Description:
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
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Application :: Page 2 of 13
Problem Statement:
Traffic collision stats continue to stay high for a small city every year with Fiscal Year 2020 and 2021.
Injury Traffic Collisions have decreased from 277 to 197.
Fatal Traffic Collisions have decreased from 6 to 4.
Total Traffic Collisions have decreased from 747 to 668, not to include online reporting.
DUI Traffic Collisions have stayed steady from 68 to 60.
DUI Arrests have stayed steady from 139 to 147
Primary Collision Factors (PCF): Speeding, Unsafe Turn, Right of Way. "**" in stats below are errors in the system. We are currently still trying to find this data.
Allied agency's have seen improvement with this grant along with what we are asking for in the budget.
Traffic Data Summary:
City Applicants: Complete the table below using the most current local data and update the 20XX years in the table (do not use the OTS Rankings or SWITRS).
County or State Applicants: Complete the table below using SWITRS data and update the 20XX years in the table.
Crash
Type 2019 2020 2021
Crashes Victims Crashes Victims Crashes Victims
Fatal 6 6 6 6 3 4
Injury 242 333 213 341 197 350
Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol -
Involved 3 15 3 23 0 18 0 24 2 33 3 34
Hit & Run 3 40 3 55 1 19 1 23 0 ** 0 **
Nighttime
(2100-0259
hours)
1 30 1 38 0 21 0 26 0 ** 0 **
Top 3 Primary Crash Factors Fatal Injury Killed Injured #1 - Speeding 1 ** 1 **
#2 - Unsafe Turn 0 ** 0 **
#3 - Right Of Way Violation 2 ** 3 **
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Application :: Page 3 of 13
Proposed Solution
Equity:
Ceres Police Department will concentrate enforcement on safety-related violations, rather than administrative or equipment violations. As a result, racial disparities will be reduced and total crash rates and fatal crash rates will likely be reduced.
Ceres Police Department will refocus traffic enforcement efforts on traffic safety and prioritize the most dangerous and unlawful driving behaviors, such as speeding and driving under the influence, that put all road users at risk.
Strategies:
Ceres Police Department will efficiently and effectively manage the Selective Traffic Enforcement Program (STEP) Grant. We will coordinate all DUI Enforcement efforts and strategies within our department to meet all objectives of the grant. The grant coordinator will create a list of expectations for officers to adhere to while working grant details. The grant coordinator will ensure that all required statistics and reports are collected and reported to Office of Traffic Safety as warranted.
We will participate in the following campaigns:
NHTSA Winter and Summer Mobilizations
National Bicycle Safety Month
National Child Passenger Safety Week
National Distracted Driving Awareness Month
National Click It or Ticket Mobilization
We will also continue to maintain a "HOT Sheet" to notify Patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions.
Agency Qualifications:
Staffing levels are adequate to complete mentioned strategies and objectives. We have been awarded a grant several years ago, during the years of the Avoid the 12 Campaign was around. While we had the grant, we had successfully completed all the objectives. We were just awarded a grant last year, which we are currently working under and following objectives. The City of Ceres finance and accounting departments will handle the fiscal portion of the grant. In the past, we have successfully met and exceeded all objectives of the previous grant and have full support from our Chief, Administration staff and the City of Ceres.
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Application :: Page 4 of 13
Goals
Description
Reduce the number of persons killed in traffic crashes.
Reduce the number of persons injured in traffic crashes.
Reduce the number of pedestrians killed in traffic crashes.
Reduce the number of pedestrians injured in traffic crashes.
Reduce the number of bicyclists killed in traffic crashes.
Reduce the number of bicyclists injured in traffic crashes.
Reduce the number of persons killed in alcohol-involved crashes.
Reduce the number of persons injured in alcohol-involved crashes.
Reduce the number of persons killed in drug-involved crashes.
Reduce the number of persons injured in drug-involved crashes.
Reduce the number of persons killed in alcohol/drug combo-involved crashes.
Reduce the number of persons injured in alcohol/drug combo-involved crashes.
Reduce the number of motorcyclists killed in traffic crashes.
Reduce the number of motorcyclists injured in traffic crashes.
Reduce hit & run fatal crashes.
Reduce hit & run injury crashes.
Reduce nighttime (2100 - 0259 hours) fatal crashes.
Reduce nighttime (2100 - 0259 hours) injury crashes.
Custom Description
Objectives
Included Target
Number Description
Yes 1
Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at , and copied to your OTS Coordinator, for approval 14 [email protected]
days prior to the issuance date of the release.
Yes 6
Participate and report data (as required) in the following campaigns; Quarter 1: National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
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Application :: Page 5 of 13
Yes 12
Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.
Yes 2 Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training.
No 0 Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training.
Yes 1 Send law enforcement personnel to the Drug Recognition Expert (DRE) training.
Yes 1 Send law enforcement personnel to the DRE Recertification training.
No 0 Send law enforcement personnel to SFST Instructor training.
No 0 Send law enforcement personnel to DRE Instructor training.
Yes 2
Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
Yes 60 Conduct DUI Saturation Patrol operation(s).
No 0 Conduct Court Sting operation(s) to cite individuals driving to and from the court after having their driver's license suspended or revoked.
No 0 Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
No 0 Conduct Stakeout operation(s) that employ police officers to observe the "worst of the worst" repeat DUI offender probationers with suspended or revoked driver licenses.
Yes 40 Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
Yes 5 Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
No 0
Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers.
Yes 10 Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s).
No 0
Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers.
No 0
Conduct Traffic Safety educational presentation(s) with an effort to reach community members.
Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
No 0 Conduct Know Your Limit campaigns with an effort to reach members of the community.
Yes 5 Conduct collaborative DUI Enforcement operations.
Yes 5 Conduct collaborative Traffic Enforcement operations.
Yes 1 Send law enforcement personnel to DUI Checkpoint Planning and Management training.
No 0 Conduct Illegal Street Racing and Modified Vehicle training classes for law enforcement personnel.
No 0 Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
Included Target Number Custom Description
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Application :: Page 6 of 13
Method of Procedure
Phase 1 - Program Preparation:
The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted this quarter.
All grant related purchases needed to implement the program should be made this quarter.
In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.
Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
Phase 1 - Program Preparation Addendum:
Phase 2 - Program Operations:
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Application :: Page 7 of 13
The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant-related event or program. Media and program highlights are to be reflected in QPRs.
Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
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Application :: Page 8 of 13
Phase 2 - Program Operations Addendum:
Phase 3 - Data Collection:
1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
Phase 3 - Data Collection Addendum:
Budget
Personnel Costs
Hourly Rates - When requesting hours for personnel, enter them as straight time or overtime (for Enforcement Overtime, please use section below) and include the amount of hours that they will spend on grant operations.
Example: Personnel getting paid 100% by the grant working a full year at $41.00 per hour would be entered as Straight time, 2080 Units, $41.00 Unit cost or Rate, and 100% Percent Paid by Grant. This gives a total of $85,280.00 for the year.
– If requesting benefits for personnel, enter all benefits as a separate line item for each. Start the Item NameBenefits with the word 'Benefits', enter the corresponding straight time or overtime total amount in the Unit Cost or Rate, and enter the Benefits Rate to have the system calculate Benefit Costs. (Unit Cost) X (Benefits Rate) = Benefit Costs. To properly relate benefits to the correct personnel line item use the Display Order field, for example use 100.0 for Display Order for the personnel line item and 100.1 for Display Order for the associated Benefits.
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Application :: Page 9 of 13
Display
Order
Cost
Category Item Name Position
Type
Benefit
Rate
Unit Cost
or Rate Units Percent Paid
by Grant
Calculated
Cost to Grant
100.0
A.
Personnel
Costs
Sergeant Overtime $1,480.32 2 100.00% $2,960.64
100.1
A.
Personnel
Costs
Benefit-Social
Security Overtime 6.20% $2,960.64 2 100.00% $183.56
100.2
A.
Personnel
Costs
Benefit-Medicare Overtime 1.45% $2,960.64 2 100.00% $42.93 100.3
A.
Personnel
Costs
Benefit-Worker's
Comp Overtime 4.90% $2,960.64 2 100.00% $145.07
101.0
A.
Personnel
Costs
DUI Saturation
Patrols Overtime $1,050.40 60 100.00% $63,024.00
101.1
A.
Personnel
Costs
Benefit-Social
Security Overtime 6.20% $63,024.00 1 100.00% $3,907.49
101.2
A.
Personnel
Costs
Benefit-Medicare Overtime 1.45% $63,024.00 60 100.00% $913.85 101.3
A.
Personnel
Costs
Benefit-Worker's
Comp Overtime 4.90% $63,024.00 60 100.00% $3,088.18
102.0
A.
Personnel
Costs
Officer Overtime $1,050.40 40 100.00% $42,016.00
102.1
A.
Personnel
Costs
Benefit-Social
Security 6.20% $42,016.00 40 100.00% $2,604.99
102.2
A.
Personnel
Costs
Benefit-Medicare Overtime 1.45% $42,016.00 40 100.00% $609.23 102.3
A.
Personnel
Costs
Benefit-Worker's
Comp Overtime 4.90% $42,016.00 40 100.00% $2,058.78
103.0
A.
Personnel
Costs
Officer Overtime $1,050.40 5 100.00% $5,252.00
103.1
A.
Personnel
Costs
Benefit-Social Overtime 6.20% $5,252.00 5 100.00% $325.62 103.2
A.
Personnel
Costs
Benefit-Medicare Overtime 1.45% $5,252.00 5 100.00% $76.15 103.3
A.
Personnel
Costs
Benefit-Worker's
Comp Overtime 4.90% $5,252.00 5 100.00% $257.35
104.0
A.
Personnel
Costs
Officer Overtime $115.75 10 100.00% $1,157.50
Display
Order
Cost
Category
Enforcement
Activity
Item
Name
Unit Cost or
Rate Units Calculated Cost to
Grant
Personnel Costs: $128,623.34
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Application :: Page 10 of 13
Travel Expenses
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 200.0 B. Travel Expenses In State Travel $1,200.00 1 $1,200.00 Travel Expenses: $1,200.00
Contractual Services
Do not include brand names or names of specific organizations.
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 300.0 C. Contractual Services None $0.00 1 $0.00
Contractual Services: $0.00
Equipment (must have Unit Costs of at least $5000)
Do not include brand names or names of specific organizations.
Display
Order
Cost
Category Item Name Unit Cost or
Rate Units Calculated Cost to
Grant
400.0 D. Equipment Changeable Message Sign
Trailer $16,776.00 2 $33,552.00
401.0 D. Equipment Radar Trailer $9,504.83 2 $19,009.66 Equipment: $52,561.66
Other Direct Costs (must have Unit Cost of less than $5000, including tax and shipping) Do not include brand names or names of specific organizations.
Display
Order Cost Category Item Name Unit Cost or
Rate Units Calculated Cost to
Grant
500.0 E. Other Direct
Costs Lidar Device $1,395.00 5 $6,975.00
500.1 E. Other Direct
Costs Lidar Taxes $584.00 1 $584.00
501.0 E. Other Direct
Costs Radar Device $3,805.21 1 $3,805.21
502.0 E. Other Direct
Costs
DUI Checkpoint
Supplies $5,000.00 1 $5,000.00
503.0 E. Other Direct
Costs Safety Uniform $1,000.00 4 $4,000.00
504.0 E. Other Direct
Costs Motor Helmet $1,105.15 3 $3,315.45
Other Direct Costs: $23,679.66
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Application :: Page 11 of 13
Indirect Costs
Item Name should indicate the % and the Cost Category for Indirect Costs e.g. 15% of Salaries and Benefits. Use the Percent Paid by Grant for the Indirect Rate and the Unit Cost or Rate field to indicate the total amount for which Indirect Costs will be claimed. The system will calculate the Cost to Grant.
Indirect Cost Rate must be supported by a federally approved indirect cost rate letter and uploaded to the application.
Display Order Cost Category Item Name Indirect Rate Amount Subject to Indirect Calculated Cost to Grant 600.0 F. Indirect Costs None $0.00 $0.00
Indirect Costs: $0.00
Total Requested Funding: $206,064.66
Narrative Review
Review and update Narrative for Budget Items
Cost
Category Item Narrative Custom
Narrative
A.
Personnel
Costs
Sergeant
Non-overtime hours for law enforcement operations conducted by sergeant. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term.
A.
Personnel
Costs
Benefit-Social
Security
A.
Personnel
Costs
Benefit-Medicare
A.
Personnel
Costs
Benefit-Worker's
Comp
A.
Personnel
Costs
DUI Saturation
Patrols
Non-overtime hours for law enforcement operations conducted by appropriate department personnel. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term.
A.
Personnel
Costs
Benefit-Social
Security
A.
Personnel
Costs
Benefit-Medicare
A.
Personnel
Costs
Benefit-Worker's
Comp
ITEM 6
ITEM 6
Application :: Page 12 of 13
A.
Personnel
Costs
Officer
Non-overtime hours for law enforcement operations conducted by appropriate department personnel. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term.
A.
Personnel
Costs
Benefit-Social
Security
A.
Personnel
Costs
Benefit-Medicare
A.
Personnel
Costs
Benefit-Worker's
Comp
A.
Personnel
Costs
Officer
Non-overtime hours for law enforcement operations conducted by appropriate department personnel. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term.
A.
Personnel
Costs
Benefit-Social
A.
Personnel
Costs
Benefit-Medicare
A.
Personnel
Costs
Benefit-Worker's
Comp
A.
Personnel
Costs
Officer
Non-overtime hours for law enforcement operations conducted by appropriate department personnel. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term.
B. Travel
Expenses In State Travel
Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included.
Anticipated travel may include (enter other known conferences or required events). All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
C.
Contractual
Services
None None
D.
Equipment
Changeable
Message Sign
Trailer
Fully equipped changeable message sign trailer(s) that is portable and fully programmable with a digital display to post traffic safety messages and information during OTS funded operations.
D.
Equipment Radar Trailer
E. Other
Direct
Costs
Lidar Device
E. Other
Direct
Costs
Lidar Taxes
E. Other
Direct
Costs
Radar Device
E. Other
Direct
Costs
DUI Checkpoint
Supplies
ITEM 6
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Application :: Page 13 of 13
E. Other
Direct
Costs
Safety Uniform
E. Other
Direct
Costs
Motor Helmet
F. Indirect
Costs None None
Upload Documents (Optional)
Please try to include all information in the application itself, but if necessary, upload additional documents here
Document Name Update Date/Time
Application Report 2022-02-01 03:20:55.pdf 1/31/2022 7:20 PM Evaluation, Support, and Submittal
Evaluation, Support, and Submittal
Method of Evaluation:
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
Administrative Support:
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
Total Requested Funding:
$206,064.66
ITEM 6
ITEM 6
ITEM 6
ITEM 6
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Linda Ryno, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Associate City Engineer
[email protected], (209) 538-5617
SUBJECT:
Resolution No. 2022-28, Approving the Cost Sharing Agreement for the Urban Pavement Preservation Phase E with the County of Stanislaus, and Authorizing the City Manager to Execute the Contract.
RECOMMENDED COUNCIL ACTION:
Staff recommends City Council approve the Cost Sharing agreement between the City of Ceres and the County of Stanislaus for the Urban Pavement Preservation Phase E construction project, to be managed by the County of Stanislaus , and authorizing the City Manager to execute the contract.
I. BACKGROUND:
The project consists of furnishing and installing pavement treatment, curb ramp improvements, and striping. The project will be managed and inspected by the County of Stanislaus. The City will pay a share of costs for Constructi on Engineering Services and construction materials incorporated within the City limits. Roadways include Musick Avenue, Woodworth Avenue, Nadine Avenue, Richland Avenue among others.
The improvements are aligned with the Measure L guidelines for roadway infrastructure improvements and pedestrian facility improvements.
II. REASONS FOR RECOMMENDATION:
The County of Stanislaus will perform Construction Engineering Services for the project for a total cost of $3,897,609.00 of which the City of Ceres portion estimated to be $230,858.00. A ten percent contingency of $23,100.00 brings the project construction total to $253,958.00. The City agrees to reimburse County for the construction
contract costs incurred by County for the
portion of work on City streets as identified in the Scope of Work.
ITEM 7
The Cost Sharing Agreement would meet the City’s desire to improve and maintain infrastructure along the boundary of the City limits.
III. FISCAL IMPACTS:
The City agrees to reimburse County for the construction contract costs incurred by County for the portion of work on City streets as identified in the Scope of Work.
The project was included and programmed in the Fiscal Year 2021/2022 Capital Improvement Program list for a total amount of $1,000,000.00 in account 271.95.800500.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.
V. POLICY ALTERNATIVES:
The City Council can choose to direct staff to reject the Agreement and eliminate the project.
VI. INTERDEPARTMENTAL COORDINATION:
This project has been coordinated with the Public Works Department.
VII. PUBLIC PARTICIPATION:
There were no committees or public participation involved in this project.
VIII. ENVIRONMENTAL REVIEW:
The project is CEQA Categorical Exemption as per Section 15301(c) Existing Faculties.
IX. STEPS FOLLOWING APPROVAL:
The Cost Sharing Agreement will be transmitted to the County for action by its staff and their Board. The City Manager will finalize the Agreement with the County and execute the document.
Approved by: ______________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. Cost Sharing Agreement
3. Project Location Map
ITEM 7
RESOLUTION NO. 2022-28
RESOLUTION APPROVING THE CO ST SHARING AGREEMENT FOR
THE URBAN PAVEMENT PRESERVATION PHASE E WITH THE
COUNTY OF STANISLAUS AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE CONTRACT.
THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres shares a right of way boundary with the County of Stanislaus and roadways are shared; and,
WHEREAS, the scope of work for the project will include areas that lie within both the City of Ceres and Stanislaus County; and,
WHEREAS, the City agrees to reimburse County for the construction contract cost incurred by the County for the portion of work on City streets as identified in the scope of work; and,
WHEREAS, the City of Ceres estimated construction engineering services and material shared costs is $230,858.00; and,
WHEREAS, a construction contingency in the amount of 10% is necessary and appropriate to accommodate any unforeseen costs bringing the total construction authorization to $253,958.00; and,
WHEREAS, the funds to cover the payments for the Urban Pavement Preservation Phase E Cost Sharing Agreement are available in account number 271.95.800500, programmed for FY 2021/2022 Capital Improvement Program for “Pavement Preservation”; and,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ceres that the Cost Sharing Agreement with the County of Stanislaus for the Urban Pavement Preservation Phase E is approved, in the amount of $230,858.00 and a 10% contingency in the amount of $23,100.00 and authorize the City Manager to execute the contract.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11
th day of April, 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
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ITEM 7
_______________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Diane Nayares-Perez, CMC, City Clerk
Resolution 2022-28
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ITEM 7
COST SHARING AGREEMENT
City of Ceres and County of Stanislaus
COST SHARING AGREEMENT BETWEEN THE COUNTY OF STANISLAUS AND
THE CITY OF CERES
FOR THE PRELIMINARY ENGINEERING AND CONSTRUCTION
URBAN PAVEMENT PRESERVATION PHASE E PROJECT
This Cost Sharing Agreement for Construction Services (“ Agreement”), is made and entered into on __________, 2022(the “Effective Date ”) by and between the City of Ceres , a California municipal corporation (“City”) and the County of Stanislaus, a political subdivision of the State of California (“County”). City and County may be individually referred to herein as a “Party” or collectively as the “Parties.”
RECITALS:
A. The County intends to enter into a competitively bid contract for pavement rehabilitation , including striping and monumentation and curb ramp improvements (the “Project”). The scope of work for the Project will include areas that lie within both the City and County.
B. The County agrees to include in its contract for the above described project contract items to occur on City streets as set forth in Exhibit A, and as shown in Project Location Map Exhibit B (collectively, the “Scope of Work” or “Services”) attached hereto and incorporated by this reference.
C. The City agrees to reimburse County for the construction contract costs incurred by County for the portion of work on City streets as identified in the Scope of Work.
D. The Parties have outlined the rates and method of payment t o County for its performance
of the Services under this Agreement, as further set forth in Exhibit C (the “Compensation Schedule”)
NOW, THEREFORE, it is agreed as follows:
1. Scope of Work . The parties agree that the construction of the Project improvements will conform to the plans and specifications approved by the County and the City. County will be the official Construction Manager and the lead agency for this project.
2. Services. The County agrees to bid the Services described in the Scope of Work as part of the Urban Pavement Preservation Phase E project, and the City shall compensate the County for the Services performed pursuant to the Compensation Schedule in Exhibit C.
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COST SHARING AGREEMENT
City of Ceres and County of Stanislaus
3. Term. The term of this Agreement will commence as of the date first written above and shall remain in effect until completion of construction of the improvements in Exhibit A.
4. Administration. The County, as the party managing the construction contract, agrees to receive and maintain the funding from the City of Ceres and to manage the construction contract on behalf of the City with no additional charges to the City other than those costs identified in Exhibit C or as directed by the County and agreed upon by the City in writing.
5. Compensation. The parties have outlined the rates and method of payment to County for its performance of the Services under this Agreement in Exhibit C. Compensation from City to County will be based on actual construction bid plus associated project costs.
6. Modification of Services . In the event that it appears to either party that there will be cost overruns resulting from the construction change orders associated with the S cope of W ork provided in Exhibit A, or either party determines that it would be prudent to expand the Scope of Work, then, in that event, the parties agree to meet in good faith and determine whether or not they should fund such additional costs or expand the Scope of Work. In meeting and conferring, the parties shall consider whether the basis of the additional change order originates from work regarding the City streets, in which case the City shall be responsible for the change order, provided however that such change order must be approved by the City in writing.
7. Indemnification. Neither party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party under or in connection with any work delegated to that party under this Agreement. The parties further agree, pursuant to Government Code section 895.4, that each party shall fully indemnify and hold harmless the other party and its agents, officers, employees and contractors from and against all claims, damages, losses , judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such party under this Agreement.
8. Insurance. Each party, at its sole cost and expense, shall carry insurance or self -insure its activities in connection with this Agreement, and obtain, keep in force and maintain, insurance or equivalent programs of self -insurance, for general liability, workers compensation, and business automobile liability adequate to cover its potential liabilities hereunder . Each party shall provide certificates of insurance and/or self -insurance to the other party during the term ITEM 7
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COST SHARING AGREEMENT
City of Ceres and County of Stanislaus
of this agreement. Each party agrees to provide the other thirty (30) days advance notice of any cancellation, termination or lapse of any of the insurance or self-insurance coverages.
9. Amendments. This Agreement may be amended, or provisions contained herein may be altered, changed, or amended for the Project only by mutual written agreement signed and approved by the respective approving authorities of City and County. No oral understanding or agreement, not incorporated herein, shall be binding on any of the parties hereto.
10. Good Faith. To the extent reasonably required, each party to this Agreement shall, in good faith, cooperate and assist the other party in meeting its obligations under this Agreement.
11. Notice. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, first -class mail, certified or registered mail return receipt requested, or overnight delivery to the addresses set forth below:
To City: Samir Royal
Acting Director
Department of Public Works
City of Ceres
2220 Hackett Road
Ceres, CA 95307
To County: David A. Leamon
Director
Department of Public Works Director
1716 Morgan Road
Modesto, CA 95358
All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after the notice has been dispatched. The parties may change their respective address by giving notice of such change to the other party in the manner provided in this Section.
12. Termination. Except as provided elsewhere in this Agreement, the Parties may not terminate this Agreement during the Term , and prior to the completion and payment for the Services described in Exhibit A , unless upon mutual written agreement signed and approved by the respective approving authorities of City and County. This Agreement will automatically terminate upon completion of the Scope of Work and upon the full payment to the County.
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COST SHARING AGREEMENT
City of Ceres and County of Stanislaus
13. Necessary Documents. As may become necessary for the construction and delivery of the Project, through City and County cooperation, the Stanislaus County Director of Public Works and City’s Authorized Representative are authorized to administer and execute, by mutual written consent, all documents necessary to complete the Project, provided that such actions do not exceed the authority of this Agreement.
14. Attorney’s Fees and Costs. In any action which a party brings to enforce its rights hereunder, the unsuccessful party shall pay all costs incurred by the prevailing party, including reasonable attorneys’ fees.
15. Entire Agreement. This Agreement contain s the entire understanding between the p arties.
All previous proposals, offers, and other communications relative to this Agreement, whether oral or written, are hereby super seded except to the extent that they have been incorporated into this Agreement. This Agreement may be amended only by written instrument executed by City and County.
16. Waiver. No waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by both parties , 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.
17. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
18. Time is of the Essence. Time is and shall be of the essence in this Agreement.
19. Compliance. Both parties agree to comply at all times, in its performance of this Agreement, with all applicable local, state and local labor and contracting laws, including but not limited to, prevailing wage laws and the Public Contract Code.
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COST SHARING AGREEMENT
City of Ceres and County of Stanislaus
20. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument.
(SIGNATURE PAGE FOLLOWS)
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COST SHARING AGREEMENT
City of Ceres and County of Stanislaus
IN WITNESS WHEREOF , the City of Ceres , a California municipal corporation, has authorized the execution of this Agreement in duplicate by its Director of Public Works and attestation by its City Clerk under authority of Resolution No. __________, adopted by the Council of the City of Ceres on the _____ day of _________, 202_, and County has authorized the execution of this Agreement in duplicate by the Director of the Department of Public Works under authority of Resolution No. __________, adopted by the Board of Supervisors of Stanislaus County on the _____ day of __________, 202_.
COUNTY OF STANISLAUS
a political subdivision of the State of California
By:
Terry Withrow
Chairman of the Board of Supervisors
ATTEST:
Elizabeth A. King
Clerk of the Board of Supervisors of the
County of Stanislaus, State of California
By:
Deputy Clerk
APPROVED AS TO CONTENT:
By:
David A. Leamon
Director of Public Works
APPROVED AS TO FORM:
Thomas E. Boze, County Counsel
By:
Todd James
Deputy County Counsel
CITY OF Ceres
a municipal corporation
By:
_________________, City Manager
APPROVED AS TO FORM:
By:
_________________, City Attorney
ATTEST:
BY: _____________________________
__________, City Clerk
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EXHIBIT A
URBAN PAVEMENT PRESERVATION PHASE E PROJECT
Scope of Work: The City is participating in the Urban Pavement Preservation Phase E Project .
City’s portion consists of the following areas:
• Nadine Avenue from Herndon Road to Richland Avenue
• Richland Avenue from Nadine Avenue to 220-feet north of Woodworth Avenue • Woodworth Avenue from Music Avenue to Richland Avenue • Musick Avenue from River Road to Woodworth Avenue
• River Road from 1,150-feet east of N Central Avenue to 1,480-feet east of Central Avenue • N Central Avenue from 120-feet south of Nadine Avenue to Promenade Lane • Lehi Avenue from Payne Avenue to Wallin Way
The work for these segments of roadway may include slurry seal, micro grind, asphalt rubber cape seal (asphalt rubber chip seal followed by a slurry seal), reconstructed curb ramps, and striping. In addition, the City will compensate the County for Construction Management services at a rate of 15 percent of construction costs. This work will be substantially consistent with the plans dated ___________, 202__ prepared by Stanislaus County.
Stanislaus County is acting as lead agency and will design, bid, secure construction contractor, inspect and process & manage all segments of the project.
All questions, comments and concerns regarding the City’s segment of road way will be directed through the County’s project management team.
Compensation Schedule: The County will invoice the City and the City will pay all costs for Construction Engineering services including Construction Management and Contingency costs .
The County will provide the City with progress payment invoices associated with the City’s portion of the project for review and payment. The County will process progress payment invoices from the contractor and pay in full if approved by the County Engineer and the City. In a timely manner, the City will pay and reimburse the County for all construction costs, reviewed and approved by the City, associated with the project within City limits.
Project Cost: Currently the total project cost, including soft costs, is estimated to be $3,897,609.
Of which, City of Ceres portion is estimated to be $230,858. These amounts are based on engineer’s estimate and shall not be used for determining actual compensation due to the County.
The actual compensation due to the County shall be based on the actual construction bid amount and the associated project costs.
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EXHIBIT B
URBAN PAVEMENT PRESERVATION PHASE E PROJECT
PROJECT LOCATION MAP
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COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Linda Ryno, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Anthony Sims, Economic Development/Redevelopment Manager [email protected], (209) 538-5773
SUBJECT:
Resolution No. 2022-29, approving a Memorandum of Understanding between the City of Ceres and California State University, Stanislaus’ Career Ready U program and authorizing the City Manager to execute the agreement.
RECOMMENDED COUNCIL ACTION:
Staff recommends Council adopt a r esolution approving a City of Ceres Memorandum of Understanding with California State University, Stanislaus’ Career Ready U program.
I. BACKGROUND:
California State University, Stanislaus offers a workforce program, Career Ready U. Career Ready U is a formal partnership between the University and regional employers and/or organizations to identify opportunities for career -focused learning that will send career -ready graduates into the workforce. The MOU will provide several opportunities for the City to collaborate with CSU Stanislaus and students/alumni. Employers and/or organizations participating in the program are provided the following opportunities and interactions with students/alumni:
• Development of Internships and Jobs
• Mentoring
• Participation in On-Campus Job Fairs
• Career-Focused Curriculum
• Active Participation in Information Sessions (participating employers and organizations will have ability to host information sessions with alumni and graduating students) • Active Participation in Advisory Council
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II. REASONS FOR RECOMMENDATION:
The Career Ready U program enriches the CSU Stanislaus student and alumni experience by partnering with employers and organizations to share knowledge, skills, and perspective.
• Being granted access to this young talent pool will allow the City to provide workforce solutions to the City, as well as Ceres businesses.
• Participating in on-campus job fairs would allow the City to become a direct link between Ceres businesses and CSU Stanislaus students and alumni. • Contributing to CSU Stanislaus’ career-focused curriculum can keep the City informed on trending areas of study which would benefit our future workforce. • Actively participating in CSU Stanislaus’s Advisory Councils will allow the City to expand its reach and become a larger presence among organizations within Stanislaus County.
The City would benefit from participating in Career Ready U. The City would be able to participate and provide resources to students, alumni, and Ceres’ businesses.
III. FISCAL IMPACTS:
There would be no fiscal impact.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
Provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services.
V. POLICY ALTERNATIVES:
The City Council could choose to not adopt this MOU for the Career Ready U program that California State University, Stanislaus offers.
VI. STEPS FOLLOWING APPROVAL:
Upon approval, staff would commit to actively participate in the Career Ready U program offered by California State University, Stanislaus.
Approved by:
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. EXHIBIT A
ITEM 8
RESOLUTION NO. 2022-29
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CERES AND CAREER READY U (CALIFORNIA STATE UNIVERSITY,
STANISLAUS) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the City should agree and participate in the Memorandum of Understanding (MOU, attached) with California State University (CSU), Stanislaus’ workforce and talent development program, Career Ready U. The City should participate in all scopes of collaboration identified in the MOU. The MOU will allow the City of Ceres to actively participate and connect with future graduates and alumni from CSU Stanislaus; and,
WHEREAS, by participating in CSU Stanislaus’ Career Ready U program, the City can expand their reach and be more visible to future graduates and alumni. The City would be provided access to job fairs, career-focused curriculum, and have the option to participate in advisory council meetings at CSU Stanislaus.
WHEREAS, the Career Ready U workforce/talent development program would create pathways for mentoring, access to information sessions, as well as the development of internships and jobs; and,
WHEREAS, Career Ready U would allow the City to collaborate with CSU Stanislaus faculty and staff on career skills, professional development, and preparing for future anticipated economic development changes.
NOW, THEREFORE BE IT RESOLVED that based upon the evidence contained within the staff report and as presented at the City Council meeting of April 11, 2022, the City Council of the City of Ceres hereby adopts the MOU for CSU, Stanislaus’ Career Ready U program and authorizes the City Manager to execute the agreement.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11th day of April, 2022 by the following vote:
AYES: C ouncil Members:
NOES: Council Members:
ABSENT: Council Members:
____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________________
Diane Nayares-Perez, CMC, City Clerk
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COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Linda Ryno, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Alex Terrazas, Interim City Manager
[email protected], (209) 538-5751
SUBJECT:
Resolution No. 2022-30, Approving an amendment to the
agreement with Municipal Resource Group for Human Resources Consulting Services and authorizing the City Manager to execute the amendment.
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute an amendment to the agreement with Municipal Resource Group (MRG) for Human Resources Consulting Services.
I. BA
CKGROUND:
Since the departure of the Human Resources Director the City has been receiving Human Resources consulting services through a contract with Municipal Resource Group (MRG) LLC.
MRG provides a range of services to local governments including Human Resources consulting services. For reference a link to the MRG website is as follows: https://solutions-mrg.com/ This contractual arrangement was secured under the contracting authority of the City Manager for an amount not to exceed $24,000. The individual providing these services to the City is Mr.
Charlie Wilson. Mr. Wilson has over 30 years of professional experience in both the public and private sectors. A copy of Mr. Wilson’s bio is included as Attachment 1. A copy of the contract and scope of work is attached to this staff report (Attachment 2). The amount expended on this contract is nearing the not to exceed amount of $24,000. According to the City’s purchasing guidelines City Council authorization is required to increase this amount.
The services being provided by MRG, and Mr. Wilson, are critical to the operation of the City organization and thus far have been provided both remotely and on site. While it is important to have these critical services available on site staff has found that having Mr. Wilson also work remotely to be an efficient and cost effective way of providing these services to the City.
ITEM 9
As the City Council is aware the City is actively recruiting to fill the vacant Human Resources Director position. Several candidates have been selected to interview for the position and it is anticipated that a new Director will be hired in the near term. In the interim staff is recommending that the contract with MRG be extended to ensure that the City has necessary expertise to carry out Human Resources functions. Staff is recommending that the current contract be amended to authorize an additional $40,000 for a total not to exceed amount of $64,000. This increase, as was the initial amount of $24,000, if approved, will be funded with salary savings from the vacant Human Resources Director position. A copy of the proposed amendment is included as Attachment 3.
II. REA
SONS FOR RECOMMENDATION:
The contract amendment is necessary in order to continue to provide Human Resources functions.
III. F ISCAL IMPACTS:
Approval of the recommendation will not have an impact to the budget as salary savings from the vacant Human Resource Director position will used.
IV. EXI STING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
The proposed action is consistent with the fifth goal of the Strategic Plan related to government operations to provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services.
V. PO
LICY ALTERNATIVES:
The City Council could choose to not approve the resolution or approve a lesser dollar amount.
VI. I NTERDEPARTMENTAL COORDINATION:
None
VII. PUBL IC PARTICIPATION:
Agenda posting and the public will have the opportunity to comment on this item at the City Council meeting.
VIII. ENVI RONMENTAL REVIEW:
There is no required environmental review.
IX. ST EPS FOLLOWING APPROVAL:
The City Manager will execute the contract amendment.
ITEM 9
Approved by:__________________ ___________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. Mr. Charlie Wilson’s bio
3. Contract and Scope of Work
4. Proposed Contract Amendment
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ITEM 9
RESOLUTION NO. 2022-30
RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT
WITH MUNICIPAL RESOURCE GROUP FOR HUMAN RESOURCES
CONSULTING SERVICES AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AMENDMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the City and Municipal Resource Group (MRG) have entered into an agreement dated January 26, 2022 for MRG to provide Human Resource Consulting services to the City; and,
WHEREAS, since the departure of the Human Resources Director the City has been receiving Human Resources services through a contract with MRG; and,
WHEREAS, the City desires to continue to contract with MRG for Human Resources consulting services.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby approve an amendment to the agreement with MRG to increase the not to exceed contract amount to $64,000 and authorizes the City Manager to execute the amendment.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11
th day of April, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Diane Nayares-Perez, CMC, City Clerk
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Charlie Wilson provides broad support to public agencies in the human resources and risk management disciplines.
As a seasoned practitioner and leader, he can assess the operational, programmatic and strategic effectiveness of HR and Risk Management activities and support agencies on employee relations, labor negotiations, performance management, compensation and benefits and policy review. Charlie is an adept trainer, facilitator and organizational development professional who can conduct assessments and interventions to help identify and resolve functional, team and work culture challenges.
After twenty years of Human Resources work for not-for-profit healthcare organizations (Sutter Health; Dignity Health), Charlie returned to the public sector and held key HR/Risk Management leadership positions for the Cities of Roseville and Grass Valley and both the County of Butte and County of Nevada. His analytical and personable style assists him in quickly assessing problems and issues so that effective recommendations and actions may be implemented.
Charlie earned a Bachelor of Arts in Public Administration from California State University, Chico and has been active in numerous professional organizations. He has served as a Board Director for two risk management Joint Powers Authorities and currently serves on the Board for a philanthropic corporation.
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Municipal Resource Group, LLC
Professional Services Agreement Amendment
PERSONAL SERVICES AGREEMENT AMENDMENT
This Amendment 1 is made and entered into this 30th day of March, 2022, by and between the City of Ceres , (“Client”) and Municipal Resource Group LLC (“MRG”), a California Limited Liability Company (“Consultant”).
WHEREAS, the parties have previously entered into an Agreement on January 26th, 2022, to provide Human Resources and Risk Management Consulting hereinafter referred to as “Agreement”; and
WHEREAS, the Client and Consultant desire to formally amend said Agreement to increase the amount of the Agreement by $40,000 for a not to exceed total of $64,000.
NOW THEREFORE, the Agreement is amended as follows:
I. SECTION 2 of the Agreement shall be amended as set forth below:
Consultant shall be paid according to Exhibit B of the Agreement in an amount not to exceed $64,000.
II. REAFFIRMATION
In all other respects, the above referenced Agreement, remains unchanged and remains in full force and affect.
III. ENTIRE AGREEMENT
This Agreement, as amended, constitutes the entire understanding between the Client and Consultant concerning the subject matter contained herein.
IV. EFFECTIVE DATE
This Amendment shall be deemed effective as of the date first written above.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement as of the day and year first written above.
CLIENT
______________________________
Alex Terrazas, City Manager
___________________________________
Date
MUNICIPAL RESOURCE GROUP, LLC
________________________________
Mary Egan, Managing Partner
______________________________
Date
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COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Linda Ryno, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Leticia Dias, Finance Director
[email protected], (209) 538-5764
SUBJECT:
Resolution No. 2022-31, approving the Mid-Year Budget
Amendment for Fiscal Year 2021-2022.
RECOMMENDED COUNCIL ACTION:
Staff recommends Council approve a resolution approving the Mid- Year budget amendment for fiscal year 2021-2022.
I. BACKGROUND:
Revenues for Fiscal Year 2021- 2022 are tracking similar to last fiscal year. As of March 31, 2022 we have received 65% of the budgeted revenues, as compared to 69% as of March 31, 2021. General Fund revenue received a s of March 31, 2022 equals 53% of the budgeted revenues as compared to 53% as of March 31, 2021.
Total expenditures, including encumbrances, as of March 31, 2022 equal 56% of the budgeted expenditures as compared to 49% as of March 31, 2021 . General Fu nd expenditures, including encum brances, as of March 31, 2022 e qual 67% as compared to 68% as of March 31, 2021.
The City is on a Modified Accrual basis of accounting. This means revenues are recorded when they become measurable and available. Expenditures are recorded when the work is done or the item is purchased. At the fiscal year end, revenue and expenditures that are related to the current fiscal year are recorded in the current fiscal year, even if the revenue is received or the bills are paid in the next fiscal year. Revenue received through August will be recorded in June.
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March is 75% of the way through the fiscal year. Revenue that is received monthly would have at the most six months of revenue recorded. Revenue that is received on a s emi- annual basis such as property taxes have one payment recorded. A large semi -annual payment is received from the State of California for Motor Vehicle in Lieu in January and May. Annual payments such as franchise fees are received in April and June and therefore show no revenue received as of March 31, 2022.
The attached budget amendment details the required changes to the 2021-2022 budget allocations. The biggest changes to the budget for this mid-year adjustment are as a result of the ARPA expendit ures. For revenue, we are accounting for the receipt of American Rescue Plan Act funds.
Overall expenditures in the General Fund are being increased by $5,450, due to training and contracting needs . The Engineering and Human Resources departments have requested the reallocation of salary savings to pay for the temporary employees needed within the departments due to recent resignations. The City Clerk ’s budget will need to be increased by $450 to cover additional training. An increase in the Finance department budget of $14,000 (split equally between General Fund, Water and Sewer funds ) is requested to pay for additional training that has been needed during the Payroll Financial Software Conversion due to the fact that our retirement information exported to StanCera is not a common practice with Munis . This project is nearing completion and we hope to be fully functional by the end of the month.
At the meeting of March 14, 2022, Council discussed the proposed expenditures for the American Rescue Plan f unds received by t he City. The revenue and expenditur es will be added to the budget and are part of this budget amendment. Any unspent funds will be brought back to the Council for further discussion.
Additions to the Federal Transportation, StanCOG Non- Motorized, SB1 Road Maint & Rehab and Measure L Funds account for additional funding needed to complete projects already in progress.
General Information:
Secured Property Taxes – The C
ity of Ceres participates in the Stanislaus
County Teeter Plan. Under the Teeter Plan, Stanislaus County makes the property tax distributions to the City in December 55%, April 40% and June 5%.
Assessed values remained at 5.09% for fiscal year 2021- 2022 compared to assessed value of 5.09% for fiscal year 2020-2021.
Sales Tax – U
nder an agreement with Stanislaus County, Ceres received 0.95% of its local 1% share and the County gets the remaining 0.05%. Sales Tax growth has increased slightly for fiscal year 2022.
Motor Vehicle In-Lieu ( VLF) – VLF revenue is based on registered automobiles in the City. The rate has been lowered by the State from 2% to 0.65%. The State agreed to backfill the 1.35% difference with County property taxes. The County ITEM 10
is required to distribute the backfill to the City in two payments – Ja nuary 2021 and May 2021. The backfill received in future years will increase at rates corresponding to the rate of increase in local property taxes, not regis tered automobiles.
Utility Users Tax (UUT) – Utilit
y Users Tax is 3% of the utility bill, colle cted by the utility company, and remitted to the City by the end of the month following collection. Receipts are coming in as expected. Receipts for electric al service are highest from July through September when the weather is warmer. Receipts for natural gas are highest from December through March when the weather is colder. Receipts for cable TV continue to decline as people switch to satellite service and discontinue cable altogether. The City collects UUT on all phones and beginning January 2016 w e began collecting UUT on the prepaid phone cards sold in stores.
Business License – Bus
iness License tax is based on gross receipts or a flat rate depending on the type of business. Licenses are issued annually and billed quarterly. Licensing revenue is tracking slightly lower than expected.
Franchises –
Franchise fees are imposed on companies for the privilege of using the City right-of-ways for profit. The City has Franchise agreements with Charter Cable (5%), Pacific Gas and Electric (5%) and Ber tolotti Dis posal (10.5%).
Charter and Pacific Gas and Electric remit their fees to the City in April of each year. The City collects revenue for garbage services and remits a check monthly to Bertolotti for 89.5% of the services billed.
Interest Earnings – Funds
not needed for immediate use are invested in the
Local Agency Investment Fund (LAIF), Treasury Notes, Agency Notes or Corporate Notes. The City uses a ‘pooled cash’ investment strategy. Interest earnings on pooled cash are allocated back to the contributi ng funds. The allocation is based on the respective cash balances at the end of the month.
Interest is received monthly and quarterly. The LAIF interest rate was .278% for February 2021. We began investing outside of LAIF in July of 2016. The average rate of return for investments held outside of LAIF is .305%.
II. REASO
NS FOR RECOMMENDATION:
In order to adhere to Generally Accepted Account Principles we are required to adjust the budget to more accurately reflect our fiscal year revenues and expenditures.
III. FISCAL IMPACTS:
The attached budget amendment lists, by fund, the expenditure or revenue account that will be either increased or decreased, based on department requests.
ITEM 10
The adjustment to the General Fund expenditures results in a net increase amount of $5,450. This adjustment results in a minimal decrease of General Fund reserves. General Fund reserves are currently $7,305,937 (29.1%) . T he additional expenses in the Water Fund (527), Sewer Fund (567), Gas Tax Fund (255) and Equ ipment Maint enance Fund (600) will be covered by fund balance.
IV. STEPS FOLLOWING APPROVAL:
The Finance Department will process the attached budget amendment and make the necessary accounting entries.
Approved by:___________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. Budget Amendment
3. Supporting Documents
ITEM 10
RESOLUTION NO. 2022-31
RESOLUTION APPROVING THE MID-YEAR BUDGET AMENDMENT FOR FISCAL YEAR 2021-2022
THE CITY COUNCIL
City of Ceres, California
WHEREAS, the City Council approval of the Fiscal Year 2021-2022 budget on August 09, 2021; and
WHEREAS, it is necessary and prudent to review all revenues and expenditures midway through the fiscal year and make any necessary adjustments; and,
WHEREAS, staff has identified necessary adjustments in various funds which are detailed in the attached budget amendment.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Ceres does hereby approve a budget amendment with the line items being adjusted listed on the attached budget amendment. The Finance Director is authorized to make all necessary accounting entries for this budget amendment.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11th day of April, 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Diane Nayares-Perez, CMC, City Clerk
ITEM 10
ITEM 10
Resolution NO. 2022-31
City of Ceres
Mid-Year Budget Adjustments
Fiscal Year 2021-2022 BA #
Account No. Amendment Amount Fund Totals
Expenditures
10013.011000 Salaries & Wages (13,700)
10013.012100 Social Security (1,000)
10013.012200 Employee Group Insurance (5,100)
10013.012300 Retirement (3,700)
10013.012400 Workers Comp (500)
10013.029900 Contract Services 24,000
10019.011000 Salaries & Wages (5,000)
10019.029900 Contract Services 5,000
10066.011000 Salaries & Wages (20,900)
10066.011700 Temporary Salaries (15,000)
10066.012100 Social Security (1,800)
10066.012200 Employee Group Insurance (900)
10066.012300 Retirement (8,200)
10066.012400 Workers Comp (200)
10066.029900 Contract Services 32,000
10066.029900 Contract Services 15,000
10067.022600 Training 450
10073.029900 Contract Services 5,000
Total Expenditures 5,450
General Fund Total 5,450$
21910.050800 Photographic and Recording Equip 300,000
21910.050800 Photographic and Recording Equip 7,500
21910.051100 Automotive Equipment 125,000
21910.051800 Public Safety Equipment 50,000
21910.051800 Public Safety Equipment 15,000
21913.011000 Salaries and Wages 500,000
21915.039903 Materials & Supplies 90,000
21916.050200 Computer Equipment 55,000
21916.050200 Computer Equipment 65,000
21916.051500 Communication Equipment 75,000
21919.034600 Traffic Control Supplies 100,000
21920.051000 Power Equipment 125,000
21930.029900 Contract Services 250,000
21941.028900 R&M-Non Structural Items 400,000
21941.051400 Custodial Equipment 10,000
21945.026000 Promotional Activites 5,000
21945.053300 Way Finding Sign 75,000
21945.054400 Downtown Incentive Program 100,000
21955.029900 Contract Services 50,000
21955.051500 Sound Equipment for Outdoor Events 15,000 21960.011000 Salaries & Wages 750,000
21963.051500 Communication Equipment 15,000
21966.029900 Contract Services 100,000
21966.029900 Contract Services 100,000
ITEM 10
Resolution NO. 2022____
City of Ceres
Mid-Year Budget Adjustments
Fiscal Year 2021-2022 BA #
Account No. Amendment Amount Fund Totals
21967.029900 Contract Services 25,000
21973.022200 Subscriptions & Memberships 200,000
21995.800500 Add Trails/Walways-Don Pedro,Strawberry, Riverbluff 75,000 21995.800500 Ochoa Park Irrigation, Sod, Landscape 400,000 21995.800500 Police Bldg Security System 250,000
21995.800500 Remodel Concil Dais 150,000
21995.800500 Upgrade Duty Gear Storage Room 40,000
21995.800500 Lions Park Development 650,000
Total Expenditures 5,167,500$
Revenues
21960.005605 American Rescue Plan 5,825,755
Total Revenues 5,825,755
American Rescue Plan Fund Total 658,255$
26895.800500 CMAQ Bike Lane Corridors (074) 354,147
26895.800500 ATP SRTS Morgan Corridor (072) 674,000
26895.800500 HSIP Mitchell Rd Corridor Imprvmnts 71,190 26895.800500 HSIP Signalized INTX Impvts 118,980
Total Expenditures 1,218,317
Federal Transportation Fund Total 1,218,317$
27495.800500 CMAQ Bike Lane Corridors (074) 60,884
27495.800500 ATP SRTS Morgan Corridor (072) 200,000
Total Expenditures 260,884
StanCOG Non-Motorized Fund Total 260,884$
27795.800500 ATP SRTS Morgan Corridor (072) 800,000
Total Expenditures 800,000
SB1 Road Maint & Rehab Fund Total 800,000$
27195.800500 ATP SRTS Morgan Corridor (072) 900,000
27195.800500 HSIP Mitchell Rd Corridor Imprvmnts 22,910 27195.800500 HSIP Signalized INTX Impvts 28,220
Total Expenditures 951,130
Measure L Fund Total 951,130$
ITEM 10
Resolution NO. 2022____
City of Ceres
Mid-Year Budget Adjustments
Fiscal Year 2021-2022 BA #
Account No. Amendment Amount Fund Totals
52719.011000 Salaries & Wages (22,500)
52719.029900 Contract Services 22,500
52766.029900 Contract Services 16,000
52766.011000 Salaries & Wages (10,450)
52766.011700 Temporary Salaries (7,500)
52766.012100 Social Security (900)
52766.012200 Employee Group Insurance (450)
52766.012300 Retirement (4,100)
52766.012400 Workers Comp (100)
52766.029900 Contract Services 7,500
52773.029900 Contract Services 5,000
Total Expenditures 5,000$
Water Fund Total 5,000$
56719.011000 Salaries & Wages (22,500)
56719.029900 Contract Services 22,500
56766.029900 Contract Services 16,000
56766.011000 Salaries & Wages (10,450)
56766.011700 Temporary Salaries (7,500)
56766.012100 Social Security (900)
56766.012200 Employee Group Insurance (450)
56766.012300 Retirement (4,100)
56766.012400 Workers Comp (100)
56766.029900 Contract Services 7,500
56773.029900 Contract Services 5,000
Total Expenditures 5,000
Sewer Fund Total 5,000$
29510.051500 Communication Equipment 2,000
Total Expenditures 2,000
Abandoned Vehicle Abatement Fund Total 2,000$
ITEM 10
ITEM 10
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Linda Ryno, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
Tom Hallinan, City Attorney
CONTACT: Tom Hallinan, City Attorney, [email protected] Diane Nayares-Perez, City Clerk, [email protected]
SUBJECT:
Final Adoption of Ordinance No. 2022-1071 Adopting a Map establishing City Council district boundaries.
RECOMMENDED COUNCIL ACTION:
Hold a public hearing, waive second reading, read by title only, and adopt an ordinance of the City Council of the City of Ceres adopting City Council district boundaries in accordance with California Elections Code section 21601 et seq. and Ceres Municipal Code section 2.02.030, subdivision (a).
I. BACKGROUND:
On November 3, 2015, the majority of qualified voters of the City of Ceres (the “City”) passed Measure D, which established a by -district election process in four (4) City Council districts with the Mayor elected at large pursuant to California Elections Code section 10010 and California Government Code section 34871. The City is obligated under Elections Code section 21601, subdivision (a), to complete a redistricting process to reapportion its population between the four (4) City Council districts following each federal decennial census.
Each City Council district must be in compliance with the Fair Maps Act (the “Act”). Under the Act, the City Council must draw and adopt City Council district boundaries so that each City Council district shall be substantially equal in population as required by the United States Constitution .
City Council districts must be drawn using the following criteria in the listed order of priority :
1) Geographically contiguous (each City Council district should share a common border with the next City Council district);
ITEM 11
2) Minimize divisions of neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together);
3) Easily identifiable boundaries; and
4) Compact (do not bypass one group of people to get to a more distant group of people).
City Council districts must comply with the United States Constitution, California Constitution, and the federal Voting Rights Act. Further, City Council districts cannot favor or discriminate against a political party.
Once the prioritized criteria are met, other traditional districting principles can be considered, such as:
• Respect voters’ choices/continuity in office.
• Use current City Council districts as a basis.
• Future population growth.
II. TIMELINE:
The redistricting deadline is April 17, 2022. During the redistricting process, the City must hold at least four (4) public hearings. At least:
• One (1) public hearing before publication of the draft maps;
• Two (2) public hearings after publication of the draft maps; and
• One hearing or public workshop on a Saturday or Sunday or after 6:00 p.m. on a weekday.
______________________
1 Elec. Code, § 21601, subd. (a).
1 Elec. Code, § 21601, subd. (c).
1 Elec. Code, § 21601, subd. (b).
1 Elec. Code, § 21601, subd. (d).
1 Elec. Code, § 21602, subd (a)(3).
1 Elec. Code, § 21607.1.
ITEM 11
III. ANALYSIS:
The City Council conducted four (4) public hearings to receive public input regarding City Council district boundaries on: October 25, 2021; January 10, 2022; February 5, 2022; and March 14, 2022 to receive public input regarding City Council district boundaries.
The City’s redistricting consultant, National Demographics Corporation (“NDC”), has prepared draft maps which are posted on the City’s website dedicated to the redistricting process at:
https://ci.ceres.ca.us/637/Redistricting-2021 and available at City Hall. Proposed maps from the public have also been posted to the website. These draft maps, and possible new or revised maps, will be considered by the City Council at this public hearing.
At this public hearing, the City Council will finalize the redistricting process and adopt maps of City Council district boundaries. At the March 14, 2022 public hearing, the City Council voted 5-0 to adopt Map 103 as the final map of City Council district boundaries. If the City Council chooses to move forward with Map 103 as the final map of City Council district boundaries, the ordinance will incorporate by reference the map as the City Council district boundaries (the “Ordinance”).
Map 103 will constitute City Council district boundaries for use at the City’s November 2022 election and subsequent elections until further re-alignment occurs pursuant to State law and the Ceres Municipal Code. If the City Council chooses a different draft map as City Council district boundaries or modifies the draft maps, the City Council must conduct an additional public hearing.
The deadline to adopt City Council district boundaries is April 17, 2022.
IV. FISCAL IMPACTS:
Funds for the redistricting process have been approved in the Fiscal Year 2021-22 budget.
V. ENVI
RONMENTAL REVIEW:
A public hearing on the redistricting and the Ordinance does not constitute a “project” under the California Environmental Quality Act. (Pub. Resources Code, § 21065.)
Approved by:_____________________________
Alex Terrazas, Interim City Manager
Tom Hallinan, City Attorney
Attachments:
1. Ordinance
2. Draft Map NDC 103
ITEM 11
ITEM 11
ORDINANCE NO. 2022-1071
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES ADOPTING
CITY COUNCIL DISTRICT BOUNDARIES IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTION 21601 ET SEQ. AND CERES MUNICIPAL CODE SECTION 2.02.030, SUBDIVISION (A)
WHEREAS, at the November 3, 2015 Municipal Election, the City of Ceres (the “City”) voters a pproved Ordinance No. 2015- 1029, Measure D, to establish that the election of City Councilmembers shall be by-district; and
WHEREAS,
the FAIR MAPS Act ( Elec. Code, § 21600 et seq.) (the “Act”) and Ceres Municipal Code section 2.02.030, subdivision (a), requires the City to readjust City Council district boundaries following each federal decennial census so that the City Council districts are substantially equal in population; and
WHEREA
S, the Act requires the City to readjust the City Council district boundaries based on following factors: (1) geographic contiguous; (2) minimize divisions of neighborhoods and “communities of interest;” (3) easily identifiable boundaries; and (4) compact; and
WHEREAS, the City has retained an experienced demographer consulting firm, National Demographics Corporation, to advise it on the process of readjusting City Council district boundaries; and
WHEREAS, as required by the Act, the City conducted four (4) public hearings to receive public input on potential City Council district boundaries on: October 25, 2021; January 10, 2022; February 5, 2022, and March 14, 2022; and
WHEREAS, throughout the process, the City engaged in public outreach and engagement as required by Act; and
WHEREAS, the City has maintained a detailed redistricting website as required by the Act, https://ci.ceres.ca.us/637/Redistricting-2021; and
WHEREAS, the City has provided notices and live translation services upon request, as required by the Act; and
WHEREAS, the City made available to the public tools to permit the public to submit draft maps and testimony in writing or electronically, if desired; and ITEM 11
WHEREAS, the City Council believes that the City Council district boundaries contained in the map attached to this Ordinance as “Exhibit A” are in the best interest of the City and compliant with all applicable provisions of State law.
THE CITY COUNCIL OF THE CITY OF CERES DOES ORDAIN AS FOLLOWS:
SECTION 1. The m
ap attached hereto as Exhibit A, and incorporated herein, is hereby adopted and shall constitute the City Council district boundaries for the City for use at the City’s November 2022 election and subsequent elections until further re -alignment pursuant to State law and Ceres Municipal Code section 2.02.030(a).
SECTION 2. If
any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. This
ordinance shall take effect thirty (30) days after its passage by the City Council, and following the affirmative vote of a majority of the members of the City Council. Within 15 days of its adoption, a summary of the ordinance shall be published in the Ceres Courier, a newspaper of general circulation, circulated and published in the City of Ceres, State of California, which summary shall include the names of those Councilmembers voting for and against the ordinance. A certified copy of the full text of this Ordinance shall be on file in the office of the City Clerk.
SECTION 4. The Cit
y Clerk, or his or designee, shall take all actions necessary to notify the Stanislaus County Registrar's Office of the Council's determination forthwith and provide whatever assistance may be required by the Registrar's Office to implement the new lines.
SECTION 5. The Ci ty Clerk is authorized to make non-substantive technical adjustments to the district boundaries not affecting the population of any district, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall advise the City Council of any such technical adjustments.
SECTION 6. CERT
IFICATION OF COUNCIL ADOPTION AND APPROVAL . The
foregoing Ordinance was introduced at a regular meeting of the City Council of the City ITEM 11
of Ceres held on the 14th day of March, 2022, and adopted on the 11th day of April 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
_________________________
Javier Lopez
Mayor of the City of Ceres
ATTEST:
__________________________________
Diane Nayarez-Perez, CMC
City Clerk of the City of Ceres
ITEM 11
ITEM 11
01 03
04 02
Tuolumne Riv
HWY
99 E Svc Rd
Crows Landing Rd
Morgan Rd
HWY 99
Herndon Rd
Cornucopia Way
E Hackett Rd
Walnut Ave
Golf Links Rd
Rockefeller Dr
W
Hackett Rd
5th St
Mitchell Rd
Senim
i Cir
El Cir Dr
Frontage Rd
M
em
orial Dr
Rose Ave
E W
hitm
ore Ave
Darwin Ave
Brew M
aster Dr
Venus Dr
E Hatch Rd
Della Dr
Canyon Falls Dr
Hackett Rd
Rive
r Valley
Cir
6th St
Fallview
Ave
Prem
ier Dr
Fairview Dr
M
oon River W
ay
Farris Ave
Dale Ave
Montclaire Dr
Charlotte Ave
River Rd
M
archy Ln
M
ira So
l Dr
Donna
W
ay
Sa
n Pe
dro Ave
Harvestw
ood Cir
Railroad A
ve
Chardonnay Way
Milky Way
Eastgate Blvd
Sunburst Dr
Attika St
Villa Ram
on Dr
Central Ave
Cadillac Dr
Belm
ont Ave
Charlottesville Ln
Linda
W
ay
W
eathervane Ln
Myrtlewood Dr
M
cneil Dr
Don Pedro Ave
Fruitridge Dr
Holly Cir
Shushan Dr
Colombard Way
Joy Ave Casa Verde Dr
Pine St
Larsen Ln
Shadowb
rook W
ay Glasgow
Dr
W
W
hitm
ore Ave
Stonum
Rd
Payne Ave
Mccord Way
Pom
egranite Ave
Shadow Ridge Dr
Richard W
ay
Fanne
ll Dr
Calcagno St
Northwood Heights Ln
Angie Ave
Ac
orn Ln
Bluejay W
ay
El Cam
Ave
Dale
Ct
Crownview Dr
Doyle Ave
Timberly Ln
Twin Bridges Dr
Archcliff Dr
St
one Sp
rings Dr
Aristocrat D
r
Gail Ct
Pa
rklaNE
Pkw
y
Vlach W
ay
Malik Ave
Lehi Ave
De La Men
des
Ln
Ashoor Ln
Nimrood Ln
Darby Ln
Shamam Ln
Ator Ln
Yellow Brick Rd
Can
yon
Dr
Hyacinth Dr
Tr
anq
ui
l Ln
Munchkin Dr
Fir Ln
Mondavi Dr
Riv
er Creek Dr
Georgeann Pl
Zena Wa
y
Arm
ando Ct
M
illcreek Dr
Lunar Dr
Vaughn St
Richland Ave
Tom
ba Dr
Pajaro Ln
E Whitmore Ave
Skeena Ave
Go
ssam
er W
ay
Leesem
e Ln
Kay St
Lavon Ln
Kem
pas
Ct
Tyrus St
Bella Flora Dr
Barry Ct
Morello Dr
Winter Oak Ln
Sausalito Dr
Cancim
illa Ct
Fredricks Ln
Sweet Gum Dr
Leilani Way Park
St
Tw
ilight D
r
Valley Brook Dr
Soleado Dr
W
hitehaven Ave
Sunr
idg
e Ct
Sauceda Ct
Whitmore Pl
Quillin
g C
t
Alps
Ct
Pikake Ct
Fowl
er Rd
Inland Ct
Roeding Rd
Ron Ct
W
alter Dr
Boothe Rd
Monica Ln
W
Svc Rd
Boyle Dr
Rocky Brook Dr
Carol Ln
Kimball Hill Dr
Salam
anca Ct
Ocaso Way
Admiral Ct
Morgan Rd
Angel Ln
Kiw
i Dr
Clarendon CtDusty Miller Ln
Lucchesi Ln
River Rd
Alway Dr
Christ
y Ct
E Svc Rd
Moore Rd
Nim
rood Dr
Collins Rd
Lynell Ave
9th St
Edith Ct
Alondra Dr
M
oonlight Dr Cassie Ln
Jordanolo Dr
Thom
asnell W
ay
Daniel WayKinser Rd
Fiesta Way
Grover Dr
Zinfandel Pl
Tuolumne Bend Ln
Park W
Bridget Marie Dr
Nadine Ave
Musick Ave
Winepress Ln
Mckittrick Ct
Teek Ct
Blaker Rd
Red Haven Ln
Wade Dr
Sequoia St
Darrah St
2nd StGlenwood Dr
Industrial Way
Lawrence St
North St
8th St
M
agnolia St
3rd St
4th St
M
ary Ave
Thom
as Ave
Leslie Ln
Garrison AveSand Bar Ct
Alphonse Dr
Vineland Ln
Fjo
rd W
ay
Ridgeway Ct
Lynley Dr Henry Ave
Wallace Ave
Posho Ave
Pink Ave
Burton Dr
Hugo Ave
Denny Ct
Dupre Dr
Hidden Oak Ct
Cody Ct
Donner Dr
Evalee Ln
Larisa Ln
10th St
Oasis Ave
Palm AveStandford Ave
Frontier Dr
Vernal Dr
Cordoba Ct
Ros
e Ct
Starling Dr
Louise Ave
Koning Ln
Glen Field Ln
Glen Grove Ct
Glen M
eadow
Ct
Uranus Dr
Don Pedro Rd
Tartarian W
ay
Cedarvale Dr
Hol
m
Ave
Steele AvePec
os
Ave
Ranch Dr
Evans Rd
Harold Ave
Ho
llister St
Gene Rd
Lois Way
Margaret Way
Banyan Ct
Academ
y Pl
M
acadam
ia Ln
Valera Dr
Bern Ct
Orchid Ct
Poppy Ln
Ginkgo Ct
White Oak Ct
Scarlet Oak Ct
Silver Oak Ct
Wise Oak Ln
Valley Oak Dr
Ariano Ln
Taramea Ln
�2021 CALIPER
ITEM 11
103
District 01
Total Pop 12,219
Deviation from ideal -147
% Deviation -1.19%
% Hisp 60.1%
% NH White 26%
% NH Black 3%
% Asian-American 7%
Total 6,625
% Hisp 48%
% NH White 40%
% NH Black 4%
% Asian/Pac.Isl. 6%
Total 5,795
% Latino est. 52%
% Spanish-Surnamed 47%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 43%
% NH Black 3%
Total 4,123
% Latino est. 48%
% Spanish-Surnamed 44%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 46%
% NH Black 3%
Total 2,993
% Latino est. 44%
% Spanish-Surnamed 41%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 49%
% NH Black est. 3%
ACS Pop. Est. Total 11,196
age0-19 30%
age20-60 55%
age60plus 15%
immigrants 28%
naturalized 38%
english 47%
spanish 44%
asian-lang 2%
other lang 7%
Language Fluency Speaks Eng. "Less than Very Well" 23%
hs-grad 56%
bachelor 10%
graduatedegree 3%
Child in Household child-under18 42%
Pct of Pop. Age 16+ employed 63%
income 0-25k 21%
income 25-50k 25%
income 50-75k 21%
income 75-200k 28%
income 200k-plus 5%
single family 78%
multi-family 22%
rented 46%
owned 54%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
02 12,453
87 0.70%
73%
16%
2%
7%
7,270
60%
30%
5%
4%
5,581
68%
62%
4%
1%
29%
3%
3,886
66%
60%
4%
1%
30%
3%
2,625
63%
58%
3%
1%
32%
3%
12,691
32%
56%
12%
25%
42%
42%
50%
1%
6%
23%
57%
8%
1%
54%
61%
12%
23%
24%
41%
1%
95%
5%
34%
66%
03 12,599
233
1.88%
56%
21%
2%
17%
7,022
45%
30%
6%
18%
6,340
52%
47%
12%
1%
34%
5%
4,702
50%
46%
13%
1%
35%
5%
3,235
48%
45%
10%
1%
37%
5%
11,821
36%
49%
15%
24%
64%
41%
43%
5%
12%
19%
56%
11%
3%
54%
62%
12%
21%
18%
45%
5%
99%
1%
23%
77%
04 12,191
-175
-1.42%
67%
24%
2%
4%
6,747
53%
36%
4%
4%
5,091
54%
49%
2%
1%
43%
4%
3,371
49%
46%
2%
1%
46%
4%
2,449
45%
42%
2%
1%
50%
3%
12,894
36%
50%
13%
19%
29%
47%
48%
1%
3%
21%
57%
4%
1%
53%
61%
25%
25%
26%
23%
2%
77%
23%
51%
49%
Total
49,462
408
3.30%
64%
22%
2%
9%
27,664
51%
34%
5%
8%
22,807
56%
51%
6%
1%
37%
4%
16,082
53%
49%
6%
1%
39%
4%
11,302
50%
46%
5%
1%
42%
4%
48,601
34%
53%
14%
24%
44%
44%
46%
2%
7%
22%
56%
8%
2%
51%
62%
18%
23%
22%
33%
3%
86%
14%
39%
61%
03/06/2022 14:52 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
ITEM 11
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Linda Ryno, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 11, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778
James Michaels, Senior Planner
[email protected], (209) 538-5774
SUBJECT:
Public Hearing to consider approving a proposal for Zoning Ordinance Text Amendment (ZOTA) to the Mitchell Road Corridor Specific Plan
(MRCSP) that would give the City Planning
Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial”.
• Introduction of Ordinance No. 2022-1072
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council conduct the Public Hearing to consider the following:
1. Introduction of Ordinance No. 2022- 1072 – Approving a Zoning Ordinance Text Amendment to modify Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) to give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial”.
I. BACKGROUND:
Over the last two years, following the City’s approval of the Ceres Gateway Center project (located at the southwest corner of Service & Mitchell Roads) in February 2020, the project representative approached staff frequently to discuss potential business users of both Phases 1 and 2 for that ITEM 12
project. Phase 1 primarily consists of retail development and Phase 2 primarily consists of a hotel development. The property is zoned “RC, Regional Commercial”.
The Ceres Gateway Center representative recently informed staff that a developer is highly interested in constructing a hotel for the Phase 2 portion of the project. However, the desired floor plan for the hotel would be a 4-story building which may result in an overall height of 45- 50 feet, thereby exceeding the MRCSP allowable height limit of 35 feet.
The “C -2, Community Commercial” zone is outside the MRCSP area, but it is in many ways substantially similar to the “RC, Regional Commercial” zone. One minor difference is that the “C- 2, Community Commercial” zone, allows the height of proposed buildings to be regulated through the City’s site plan approval process such that said height of a building shall be as approved by the Planning Commission, without a defined height limit. After considering the hotel example and other potentially taller commercial structures in the “RC, Regional Commercial” zone, staff recommends modifying the current MRCSP’s height standard in the “RC, Regional Commercial” zone to be similar to that of the “C -2, Community Commercial” zone district of the Ceres Zoning Ordinance.
Staff proposes amending the MRCSP with the following insertions underlined in green and the following deletions with purple strikethrough:
Section 1. Section III -E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:
III. – Development Regulations.
E. 1. Height of Structure:
No main building erected shall have a height greater than thirty -five feet except as provided herein. No accessory building erected shall have a height greater than fifteen (15) feet. Permitted projections above the height include: vertical accents at the building entries such as towers and penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mechanical equipment, fire or parapet walls, skylights, flagpoles, and chimneys, approved by the Planning Commission or the Planning Director, depending on the approval process, provided that they may be safely erected and maintained at such height in view of the surrounding conditions and circumstances and screened from view in accordance with the Design Guidelines. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional floor space.
Any area that falls within the area designated as an airport overlay zone shall comply with the height limitations prescribed by that zone, if they are more restrictive than those herein prescribed.
Main buildings and permitted projections within the “RC, Regional Commercial” zone may exceed the height limits described above, subject to approval by the Planning Commission.
ITEM 12
Structures with the Airport Approach zone shall be subject to the height limit restrictions established within the A -O Airport Overlay Zone (Sec. 18.36 18.21 et. seq. of the Ceres Municipal Code).
Discussion and Conclusion of Planning Commission Meeting
At it
s March 21, 2022 meeting, staff presented the above noted text amendment to the Planning Commission clarifying for the Commission that consideration of this amendment is intended to apply for all regional commercial zoned properties of the MRCSP. As such, the proposed project includes the following request:
Required City Council Action:
• Approve Ordinance No. 2022-1072 – Approving a Zoning Ordinance Text Amendment to modify Section III -E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) to give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial”.
Upon the completion of staff’s presentation, the Planning Commission had no questions on the proposed text amendment and reaffirmed that the text amendment w ould not only apply to the Ceres Gateway Center project but w ould also be applied to all regional commercial zoned properties located within the MRCSP. With no further discussion taking place, the Planning Commission made a recommendation that the City Council approve the text amendment as proposed (with no modifications) by a 4-0-1 vote (Commissioner Johnson – Absent).
II. REASO
NS FOR RECOMMENDATION:
The decision rendered at the Planning Commission meeting was a 4-0- 1 vote (Commissioner Johnson – Absent) in favor of recommending that the City Council approve the text amendment as proposed (with no recommended changes). The recommendation to approve the amendment was based on the following reasons:
1. The proposed text amendment establishes flexibility to permit a range of building heights which would be suitable for the “RC, Regional Commercial” zoned Corridor area. The amendment would not apply to the other non- regional commercial zoned properties (i .e. “CC, Community Commercial”, or “HC, Highway Commercial”, etc.) as most of those properties fall within the Airport Overlay Flight zone and would be limited to the 35- foot height restriction.
2. The proposed text amendment assists in maximizing the southern portion of the Corridor area in that it encourages employment -generating uses (that are regional market attractions, such as a hotel) to open here in Ceres that may not otherwise exist if the current height restriction remains in place.
ITEM 12
3. The proposed text amendment has the potential to attract a mixture of businesses that will want to relocate to Ceres, thereby providing a strong economic base which will benefit the Ceres community. Approving the amendment creates the potential of generating additional sales tax revenues for the City in the future.
Approval of the proposed text amendment to the applicable section of the MRCSP will help maintain the purpose and intent of the applicable goals and policies listed in the City’s General Plan and the MRCSP.
III. FISCAL IMPACTS:
None.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
None.
V. POLICY ALTERNATIVES:
1. Modify and adopt the Text Amendment.
2. Do not approve the proposed Text Amendment.
VI. INTERDEPARTMENTAL COORDINATION:
None.
VII. PUBLI C PARTICIPATION:
Public noticing was sent and published in the Ceres Courier on March 30, 2022. The same level of notice was also sent prior to the Planning Commission hearing.
VIII. ENVIRO NMENTAL REVIEW:
This proposal was reviewed pursuant to the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b-3), the text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Thus, amending the applicable section of the Mitchell Road Corridor Specific Plan (MRCSP) as proposed is not subject to CEQA.
ITEM 12
IX. STEPS FOLLOWING APPROVAL:
The second reading and adoption of the ordinance by the City Council at their next meeting on April 25, 2022.
Approved by:____
_________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Ordinance No. 2022-1072
2. March 21, 2022 Planning Commission Meeting Staff Report
ITEM 12
ITEM 12
ORDINANCE NO. 2022 - 1072
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES APPROVING A ZONING ORDINANCE TEXT AMENDMENT TO THE CITY’S MITCHELL ROAD
CORRIDOR SPECIFIC PLAN (MRCSP) THAT WOULD GIVE THE CITY
PLANNING COMMISSION THE AUTHORITY TO APPROVE MAIN BUILDING HEIGHTS EXCEEDING THE CURRENT SPECIFIC PLAN LIMIT OF 35 FEET ON PROPERTIES ZONED “RC, REGIONAL COMMERCIAL”. APPLICATION NUMBER ZOTA 22-04
THE CITY COUNCIL
City of Ceres, California
WHEREAS, the City Council of the City of Ceres, State of California, has considered said application proposing a Zoning Ordinance Text Amendment to modify Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP), to give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial”; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on March 21, 2022 at 6:00 p.m. and considered all testimony and comment presented whether orally or in writing and by a 4-0-1 vote (Commissioner Johnson – Absent), recommended the City Council approve the proposed text amendment; and,
WHEREAS, “RC, Regional Commercial” zoned properties located within the Mitchell Road Corridor Specific Plan (MRCSP) affected by this ordinance are located in Ceres, CA; and,
WHEREAS, the City Council held a duly noticed public hearing on April 11, 2022 at 6:00 p.m. and considered all testimony and comment presented whether orally or in writing for the Introduction and First Reading; and,
WHEREAS, the City Council, in making a revision to Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP), finds that:
1. The proposed Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan is consistent with the purpose and intent of the applicable goals and policies of the City of Ceres General Plan and the Mitchell Road Corridor Specific Plan.
2. The proposed Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan will have no adverse effect on properties under the City’s jurisdiction.
3. The proposed Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan will not endanger any wildlife or wildlife habitat.
ITEM 12
4. Thi
s proposal was reviewed pursuant to the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b -3), the text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Thus, amending the applicable section of the Mitchell Road Corridor Specific Plan (MRCSP) as proposed is not subject to CEQA.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CERES HEREBY ORDAINS that Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:
III. – Development Regulations.
E. 1. Height of Structure:
No main building erected shall have a height greater than thirty -five feet except as provided herein. No accessory building erected shall have a height greater than fifteen (15) feet. Permitted projections above the height include: vertical accents at the building entries such as towers and penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mechanical equipment, fire or parapet wal ls, skylights, flagpoles, and chimneys, approved by the Planning Commission or the Planning Director, depending on the approval process, provided that they may be safely erected and maintained at such height in view of the surrounding conditions and circumstances and screened from view in accordance with the Design Guidelines. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional floor space. Any area that falls within the area designated as an airport overlay zone shall comply with the height limitations prescribed by that zone, if they are more restrictive than those herein prescribed.
Main buildings and permi
tted projections within the “RC, Regional
Commercial” zone may exceed the height limits described above, subject to approval by the Planning Commission.
Structures with the Airport Approach zone shall be subject to the height limit res
trictions established within the A -O Airport Overlay Zone (Sec. 18.36
18.21 et. seq. of the Ceres Municipal Code).
ITEM 12
BE I
T FURTHER ORDAINED, that this Ordinance shall take effect and be in full force thirty (30) days from and after its adoption. Within 15 days of its adoption, a summary of the ordinance shall be published in the Ceres Courier, a newspaper of general circulation, circulated and published in the City of Ceres, State of California, which summary shall include the names of those Council Members voting for and against the ordinance. A certified copy of the full text of such adopted ordinance or amendment shall be on file in the office of the City Clerk.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Ceres held on the 11
th day of April, 2022, and adopted on the 25 th day of
April, 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
APPROVED:
_______________________________
Javier Lopez, Mayor
ATTEST:
_______________________________
Diane Nayares-Perez, CMC, City Clerk
ITEM 12
ITEM 12
STAFF RE
PORT AND
RECOMMENDATION
March 21, 2022
TO: Plan
ning Commission
FROM: Jam
es Michaels, Senior Planner
SUBJECT:
Mitchell Road Corridor Specific Plan Text Amendment (ZOTA) 22- 04; Proposal to consider a Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan (MRCSP) that would give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial”.
APPLICANT
: City of Ceres
2220 Magnolia Street
Ceres, CA 95307
PROPOSAL
The propos
al is for one zoning ordinance text amendment to the City’s Mitchell Road Corridor Sp ecific Plan (MRCSP) that would give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “ RC, Regional Commercial ”. The MRCSP section that would be affected by this amendment includes:
• Modifyi
ng Section III-E(1) (Development Regulations - General Provisions – Height of Structure).
GENERAL P
LAN AND ZONING COMPLIANCE
The propos
ed zoning ordinance text amendment would apply to properties located within the MRCSP and zoned “RC, Regional Commercial”. Specific Plan policies that can be applied to support the proposed text amendment include:
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist. 2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
209-538-5774
Fax 209-538-5675
Attachment 2
ITEM 12
• MRCSP Policy P3: Permit a range of building heights which are demonstrated to be suitable for the corridor area.
• MRCSP P
olicy P18: Maximize southern portion of the C orridor
for uses that have a regional market attraction such as theaters, department stores, membership/wholesale stores, etc.
• MRC
SP Development Regulations, A. Statement of Intent:
1. Encour
age an attracti ve variety of commercial uses
within the Corridor to contribute economical ly, socially , and visually to the community.
2. Prov
ide opportunities and incentives for economi cally
productive business enterpri ses and efficient use of land parcels, either through consolidation of existing parcels or coordinated planning of adjacent parcels.
Addit
ional General Plan goals and poli cies that can be applied to support the proposed text amendment include:
• General
Plan Policy 2.A.11. Prioritize Development with Community Benefits.
Prioritize development projects that are needed to provide for the Cit y’s fair share of regional housing needs, including very -low and low-income housing, or provide substantial benefits to the community, including, bu t not limited to, unique economic development opportunities (e.g. substantial number of jobs, substantial sales tax revenues).
• General
Plan Policy 2.G.1. Mitchell Road/SR 99 Interchange. Support the development of commercial uses that serve the Ceres r egional market and leverage the improved SR 99 interchange at Mitchell Road. • General
Plan Goal 7. C. Attr act and retain a mixture of businesses and employment-generating uses that are beneficial for the community and provide a strong economic base.
• General
Plan Policy 7.C.8. Promote Potential Industrial and Regional Commercial Sites . Develop and implement a marketing strategy aimed at potential large industrial, research and development, and business park employers in order to attract more development and jobs to the areas designated for industrial and regional commercial development.
Based
on this inform ation, sta ff belie ves the pro posed zoning ordinance text amendment will be supported by the MRCSP, the General Plan, and applicable sections of the Zoning Ordinance.
ITEM 12
ANALYSIS
Over th
e l ast two years, following the City ’s approval of the Ceres Gateway Ce nter project (located at the southwest corner of Service & Mitchell Roads) in February 2020, the project representative approached sta ff frequently to discuss potential business users of both Phases 1 and 2 for that project. Phase 1 primaril y consists of retail development and Ph ase 2 primarily consists of a hotel development. The property is zoned “RC, Regional Commercial”.
The Ceres
Gateway Center representative recent ly informed staff that a developer is highly interested in constructing a hotel for the Phase 2 portion of the project . However, the desired floor plan for the hotel would be a 4-story building which may result in a n overall height of 45-50 feet, thereby exceeding the MRCSP allowable height limit of 35 feet.
The “C-
2, Community Commercial” zone is outside the MRCSP area, but it is in many ways substantially sim ilar to the “ RC, Regional Commercial ” zone. One minor difference is that the “C-2, Community Commercial” zone, allows the height of proposed buildings to be regulated through the Ci ty’s site plan a pproval process such that said height of a building shall be as approved by the Planning Commission, without a defined height limit. After considering the hotel example and other potentially taller commercial structures in the “RC, Regional Commercial” zone, staff recommends modifying the current MRCSP’s height standard in the “RC, Regional Commercial” zone to be similar to that of the “C- 2, Community Commercial” zone district of the Ceres Zoning Ordinance.
Staff propos
es amending the MRCSP with the follo wing insertions underlined in green and the following deletions with purple strikethrough:
Secti
on 1. Section III-E1 ( Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:
III. – Development Regulations.
E. 1. Hei
ght of Structure:
No main b
uilding erected shall have a height greater than thir ty-five feet except as provided herei n. No accessory building erected shall have a height gr eater than fifteen (15) feet. Permitted p rojections ab ove the height include: vertical accents at the building entries such as towers and penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mechanical equipment, fire or parapet walls, skylights, flagpoles, and chimneys, approved by the Planning Commission or the Planning Director, depending on the approval process, provided that they may be safely erected and maintained at such height in view of the surrounding conditions and circumstances an d screened from ITEM 12
view in accordance with the De sign Guidelines. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional floor space. Any area that falls within the area designated as an airport overlay zone shall comply with the height limitations prescribed by that zone, if they are more restrictive than those herein prescribed.
Main buildings and permitted projections within the “RC, Regional Commercial” zone may exceed the height limit s described above, subject to approval by the Planning Commission.
Structures with the Airport Approach zone shall be subject to the height limit restrictions est ablished within the A -O Air port Overlay Zone (Sec.
18.36 18.21 et. seq. of the Ceres Municipal Code).
Staff Co
mments
In additi
on to the project being consistent with the City’s General Plan and MRCSP policies noted above, staff also supports the project for the following reasons:
1. The propose
d text amendment establishes flexibility to permit a range of building heights which would be suitable f or the “R C, Regional Commercial ” zoned Corridor area. The amendment would not apply to the other non- regional commercial zone d properties (i.e. “CC, Community Comme rcial”, or “HC, Highway Commercial ”, etc.) as m ost of those properties fall within the Airp ort Overlay Flight zone and would be limited to the 35-foot height restriction.
2. The proposed t
ext amendment assists in maximizing the southern portion of the Corridor area in that it encourages employment-generating uses ( that are regional market att ractions, such as a hotel ) to open here in Ceres that may not otherwise exist if the current height restriction remains in place.
3. The propose
d text amendment has the p otential to attract a mixture of businesses that will want to relocate to Ceres , thereby p roviding a strong economic base which will b enefit the Ceres community . Approving the amendment creates the potential of generating additional sales tax revenues for the City in the future.
With a Plan
ning Commiss ion recommendation for approval of the proposed text amendment noted above, the modification to the applicable section of the MRCSP will help maintain the purpose and intent o f the applicable goals and policies listed in the City’s General Plan and the MRCSP.
ITEM 12
CEQA
This p roposal was reviewed pursuant to the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b-3), the proposed text amendment is not subject to CEQA as CEQA applies only to projects which have the pot ential for causing a significant effect on the env ironment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effec t on the environment, the activity is not su bject to CEQA. Thus, amendi ng the applicable section of the MRCSP as proposed is not subject to CEQA.
STAFF
RECOMMENDATION
The Planni
ng Commission recommends City Council approve the proposed Zoning Ordinance Text Amendment subject to the findi ngs and proposed revisi ons to the MRCSP listed in Draft PC Resolution 22-05 (please note that the new text being added to the MRCSP is underlined in green and any existing text to be deleted is crossed out in purple for clarity and the purposes of this amendment process).
REQUIRE
D ACTION
Approval of t
his project requires the following action by the Planning Commission:
1) Accept
that this project is consistent with CEQA Guidelines Section 15061(b- 3) – Review For Exemption.
2) Recomm
end the City Council approve the Z oning Ordinance Text Amendment (ZOTA 22-04) per the findings and proposed revisions to the Mitche ll Road Corridor Specific Plan (MRCSP) listed in Draft PC Resolution 22-05.
Attach
ments:
Page
7-10 D r
aft PC Resolution 22-05
11 A erial Site Map (reflecting “RC, Regional Commercial” areas) I:\PLA
NNING\DEPT\PLANNING\PC\staff reports\2022\22-04 ZOTA ( MRCSP Height Amendment - RC zoned properties, CH edits).doc; staff report
ITEM 12
ITEM 12
RECORDING REQUESTED BY:
CITY OF CERES
When Rec
orded mail to:
City
of Ceres
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
DRAFT
RES
OLUTION NO. 22-05
RESOL
UTION OF THE CITY OF CERES PLANNING COMMISSION
RECOMMENDING THE CITY CO UNCIL APPROVE A ZONING ORDINANCE TEXT AMENDMENT TO THE CITY ’S MITCHELL ROAD CORRIDOR SPECIFIC
PLAN (MRCSP) THAT WOULD GIVE THE CITY PLANNI NG COMMISSION
THE AUTHORITY TO APPROVE MAIN BUILDING HEIGHTS EXCEEDING THE CURRENT SPECIFIC PLAN LIMIT OF 35 FE ET ON PROPERTIES ZONED “RC, REGIONAL COMMERCIAL”. APPLICATION NUMBER ZOTA 22-04
WHEREAS,
the Planning Commission of the City o f Ceres, S tate of California, h as considered said application proposing a Zoning Ordinance T ext Amendment to modify Section III-E1 ( Development Regulations – General Provisions – Height of Structure ) of the Mitchell Road Corridor Specific Plan (MRCSP), to give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial”; and,
WHEREAS, a
ll “Regional Commercial ” zoned properties affected by this resolution are located within the Mitchell Road Corridor Specific Plan (MRCSP) in Ceres, CA; and,
WHEREAS, th
e Planning Commission held a duly noticed public hearing on March 21, 20 22, at 6:00 p.m., and considered all testimony and comments presented whether orally or in writing; and,
WHEREAS,
the Planning Commission, in making a recommendation to
the City Council, to give the City Planning Commission the authority to approve main building heights exceeding the current Specific Pla n limit of 35 feet on properties zoned “RC, Regional Commercial”, finds that:
1. The proposed
Zoning Ordinance Text Amendment to the M itchell Road
Corridor Specific Plan is consistent with the purpose and intent of the applicable goals and policies of the City of Ceres General Plan and the Mitchell Road Corridor Specific Plan.
ITEM 12
2. The proposed
Zoning Ordinance Text Amendment to the M itchell Road
Corridor Specific Plan will have no adverse effect on properties under the City’s jurisdiction.
3. The proposed
Zoning Ordinance Text Amendment to the M itchell Road
Corridor Specific Plan will not endanger any wildlife or wildlife habitat.
4. This pr
oposed Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan was reviewed pursuant to the C alifornia Environmental Quality Act (CEQA). Per CEQA Section 15061(b -3), the proposed zoning text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activit y is not subject to CEQA. A mending the applicable section of the Ceres Municipal Code as proposed with this text amendment request will not have any significant effect on the environment, and therefore, the proposal is not subject to CEQA.
NOW, T
HEREFORE, THE PL ANNING COMMISSION OF THE CIT Y OF
CERES HEREBY RECOMME NDS THAT THE CITY COUNCIL ORDAIN as follows:
Sect
ion 1. Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:
III. – Development Regulations.
E. 1. Height
of Structure:
No main building erected shall have a height greater than thir ty-five feet except as provided herein. No accessory building erected shall have a height greater than fifteen (15) feet. Permitted projections above the height include: vertical accents at the building entries such as towers and penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mech anical equipment, fire or parapet walls, skylights, flagpoles, and chimneys, approved by the Planning Commission or the Planning Director, depending on the approval process, provided that they may be safely erected and maintained at such height in view of the surrounding conditions and circumstances and screened fro m view in accordance with the De sign Guidelines. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional floor space. Any area that falls within the area desi gnated as an airport overl ay zone shall comply ITEM 12
with t
he height limitations prescribed by that zone, if they are m ore restrictive than those herein prescribed.
Main buildings and permitted projections within the “RC, Regional Commercial” zone may exceed the height limit s described above, subject to approval by the Planning Commission.
Structures with the Airport Approach zone shall be subject to the height limit restrictions est ablished within the A -O Air port Overlay Zone (Sec. 18.36 18.21 et. seq. of the Ceres Municipal Code).
I HEREBY CERTIFY that th e for egoing resolution was duly and regularly adopted by the Planning Commission of the City of Ceres at a regular meeting of said Planning Commission held on the 21st day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
ATTE ST:
__ _____
CHRIS TOPHER HOEM, SECRETARY OF
THE CERES PLANNING COMMISSION
CITY OF CERES
I:\PLANNI
NG\DEPT\PLANNING\PC\Resolutions\2022\22-05 (22-04 ZOTA - MRCSP Height Amendment).doc ITEM 12
ITEM 12
A PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT
AMENDMENT TO THE MITCHELL ROAD CORRIDOR SPECIFIC PLAN
(MRCSP) THAT WOULD GIVE THE CITY PLANNING COMMISSION THE
AUTHORITY TO APPROVE MAIN BUILDING HEIGHTS EXCEEDING
THE CURRENT SPECIFIC PLAN LIMIT OF 35 FEET ON PROPERTIES ZONED “RC, REGIONAL COMMERCIAL”. 22-04 ZOTA.
RC Zoned P
roperties North
ITEM 12
ITEM 12