AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, April 25, 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 Javier Lopez
ROLL CALL
Mayor: Javier Lopez
Vice Mayor: Bret Silveira, District 3
Council Members: District 1, James Casey; District 2, Vacant; District 4, Mike Kline
THIS MEETING WILL BE CONDUCTED VIRTUALLY ONLY VIA ZOOM.
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.
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City Council Agenda
2 INVOCATION
Invocation by Pastor Jim Stochl, Harvest Presbyterian Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez
PRESENTATIONS
A. Proclamation declaring Saturday, April 30, 2022 as Love Ceres Day in the City of Ceres.
B. Proclamation declaring April as Sikh Awareness Month.
C. Proclamation declaring May 1-7 as Public Service Recognition Week.
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
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 25, 2022, City Council meeting was posted on Wednesday April 20, 2022. (City Clerk)
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). (City Clerk)
3. Approval of Minutes (City Clerk)
a. Minutes of February 28, 2022, Regular City Council meeting.
4. Register of Audited Demands for Period covering April 6, 2022, through April 13, 2022. (Dias)
City Council Agenda
3 5. G
eneral Correspondence – Information Only
a. Public Works monthly report for March 2022 (Royal)
b. Redevelopment & Economic Development Department Monthly Report – February and March (Sims)
6. R
esolution No. 2022 -32, Authorizing a Budget Amendment and Authorizing the City Manager to Approve a Purchase Order for Four (4) Hach Nitrate Analyzers for Wellhead Treatment Projects. (Royal)
7. R
esolution No. 2022-33, Adopting in Concurrence with Stanislaus Urban County Consortium FY 2022-2023 Annual Action Plan and Support of Submission to HUD. (Hoem)
8. R
esolution No. 2022-34, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.
9. R
esolution No. 2022-35, Approving the Improvement Agreement and recordation of the Subdivision Map for the Cambridge Estates Subdivision, Phase 2. (Hoem)
10. R
esolution No. 2022-36, Approving an Enterprise Service Agreement with Vigilant Solutions for the term of one (1) year in conjunction with the purchase of three (3) Mobile License Plate Readers and authorizing the City Manager to execute the Service Agreement. (Collins)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
PUBLIC HEARING
11. A Request to table the Public Hearing for City Council consideration of a proposal for a Rezoning of the property located at the northeast corner of E ast Hatch Road and Golf Links Drive to m odify the existing “ MX-2, Mixed Use – 2” zoning designation to a “CC, Com munity Commercial” zoning designation within the Mitchell Road Corridor Spec ific Plan, and to c onsider an appeal of the Planning Commission’s decision appr oving a Vesting Tentative Parcel Map and a S pecific Plan Site Plan entitlement involving the subdivision of a 2.16-a cre commercial zoned site into three parcels with a new commer cial building proposed for each parcel. (Hoem)
• At the March 28th Counc il meeting this Public Hearing was continued to the April 25, 2022, regular Council meeting; subsequently the Applicant and Appellant have requested to table the matter indefinitely.
City Council Agenda
4 NEW BUSINESS
12. City Council consideration of options to fill Councilmember District 2 office seat formerly held by Counc ilmember Linda Ryno. (City Attorney)
13. Resolution No. 2022-37, approving an Employment Agreement with Alex Terrazas for the position of City Manager
14. Resolution No. 2022-38, Ratifying the Appointment of Kevin Waugh to the Position of Director of Engineering. (Terrazas)
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 Attorney
• Departments
• County Supervisor
CLOSED SESSION
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on May 9, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA
AFFIDAVIT OF POSTING
I, Cr
istina Aguilar, 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 21, 2022, at 5:00 p.m. at the following locations in Ceres:
• C
ommunity Center Display Case - 2701 Fourth Street
______________________________________
Cristina Aguilar
Deputy City Clerk
City Council Agenda
5 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.
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)
DECLARING APRIL 30TH
LOVE CERES DAY
WHEREAS, the city of Ceres proudly promotes a healthy, safe and vibrant community and is dedicated to delivering excellent services and engaging meaningful public participation; and
WHEREAS, the vision, mission and values of Love Stanislaus County (dba Love Ceres) align with the vision, mission and values of the City of Ceres; and
WHEREAS, the month of April is recognized in the United States as Volunteer Appreciation; and
WHEREAS, government alone cannot meet all of our city’s needs, so we partner with businesses, faith -based organizations, non -profit organizations, foundations and individuals who serve in our community and make a difference; and
WHEREAS, the City of Ceres is committed to encouraging volunteerism among its employees, citizens, partners, businesses and organizations; and
WHEREAS, by volunteering and recognizing those who serve, we promote partnership, understanding and collaborative problem- solving in our community; therefore
IT IS FURTHER PROCLAIMED AND ORDERED, that the last Saturday in April each year be recognized in the City of Ceres as Love Ceres Day and residents of Ceres are urged to volunteer on this day.
Proclaimed this 25 TH day of Apr il, 2022
___________________________
Javier Lopez, Mayor
ITEM A
ITEM A
DECLARING APRIL 2022
SIKH AWARNESS AND APPRECIATION MONTH
WHEREAS, Sikhs have been living in the United States for more than 120 years, and during the early 20th century, thousands of Sikh Americans worked on farms, in lumber mills and mines, and on the Oregon, Pacific & Eastern Railroad; and
WHEREAS, Sikhism is the fifth largest religion in the world and today, there are more than 25 million Sikhs worldwide and an estimated 500,000 Sikh Americans; and
WHEREAS, Sikh Americans pursue diverse professions, and make rich contributions to the social, cultural, and economic vibrancy of the United States, including service as members of the United States Armed Forces and significant contributions to our great nation in agriculture, information technology , small businesses, the hotel industry, trucking, medicine, and technology; and
WHEREAS, Sikh Americans distinguished themselves by fostering respect among all people through faith and service; and
WHEREAS, The City of Ceres is committed to educating citizens about the world’s religions, the value of religious diversity, tolerance grounded in First Amendment principles, a culture of mutual understanding, and the diminution of violence; and
WHEREAS: Today, the City o f Ceres seeks to further the diversit y of its community and afford all residents the opportunity to better understand, recognize, and appreciate the rich history and shared experiences of Sikh Americans.
NOW, THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on this 25 th day
of April 2022, do hereby proclaim the month of April 2022 to be SIKH AWARENESS AND APPRECIATION MONTH.
Proclaimed this 25 th day of April , 2022
___________________________
Javier Lopez, Mayor
ITEM B
ITEM B
DECLARING MAY 1ST TO 7TH
PUBLIC SERVICE RECOGNITION WEEK
WHEREAS, Public Service Recognition Week is celebrated the first week of May nationwide and is a time set aside to honor those who serve our nation as federal, state, county and local government public servants;
WHEREAS, our community is serve d every single day by dedicated employees who work to protect and improve the quality of life for our residen ts, businesses and visitors.; and
WHEREAS, during these challeng ing times of the pandemic , many public servants risk their lives each day in service to the people of our community by providing public safety, operating and maintaining our public facilities an d providing diverse services to our residents with integrity and efficiency; and
WHEREAS, nearly 173 hardworking, talented people are employed by the City of Ceres; and
WHEREAS, the City of Ceres recognizes the generous contributions of time and talent by public employees and the importance of the services they render;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Ceres, does hereby proclaim the week of May 1
st to 7th as Public Service Recognition
Week in the City of Ceres and calls upon the citizens of Ceres to join in recognizing their public service.
Proclaimed this 25 th day of April , 2022
___________________________
Javier Lopez, Mayor
ITEM C
ITEM C
MINUTES
CITY COUNCIL REGULAR HYBRID MEETING
(ZOOM AND IN PERSON)
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, February 28, 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 Javier Lopez called the February 28, 2022 Regular City Council meeting to order.
ROLL CALL
Mayor: Javier Lopez
Vice Mayor: Bret Silveira
Council Members: James Casey, Linda Ryno, Mike Kline
INVOCATION
Provided by Pastor Chris Henry, Valley Christian Center.
PLEDGE OF ALLEGIANCE
Led by Mayor Javier Lopez
PRESENTATIONS
A. StanCOG’s presentation of the Regional Transportation Plan/Sustainable Communities Strategy.
Isael Ojeda, Senior Planner, for StanCOG made the presentation.
B. Recreation Services Department Annual Report. (Chavez)
Recreation Manager Joey Chavez made the presentation.
City Council meeting was conducted 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 Mr. Gene Yeakley commented in regards to funeral services.
C. Proclamation Recognizing the City’s 104th Birthday (Mayor)
Mayor Lopez presented the Proclamation.
Mr. Lee Brandt commented on the lack of notification of the 104 year recognition and inquired on the status of the centennial monument.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
Mr. Lee Brandt inquired about the 100 year monument dedication.
Mr. Gene Yeakley provided suggestions for the March 18
th Goal Setting meeting.
APPOINTMENTS TO BOARDS/COMMISSIONS
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.
1. Clerks Report of Posting. The agenda of the February 28, 2022 City Coun cil meeting was posted on Wednesday February 23, 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 January 10, 2022 Regular City Council meeting.
4. Register of Audited Demands for Period covering February 9, 2022 through February 14, 2022. (Dias)
5. General Correspondence – Information Only
a. Public Works Monthly Report for January 2022. (Royal) b. R edevelopment & Economic Development Department Monthly Report – December & January. (Sims)
ITEM 3
City Council Minutes
3 6. Resolution No. 2022-09, authorizing a Budget Amendment and Authorizing the City Manager to sign a purchase order to Turf Star Western for the purchase of a Toro Lawn Mower for the Parks Division. (Royal)
7. Resolution No. 2022-10, authorizing the acceptance of $22,924.95 of donated funds for the purchase of a 2022 Harley Davidson Police Motorcycle and appropriation of the donated funds to Mitchell’s Harley Davidson. (Collins)
8. Resolution No. 2022-11, authorizing the Submittal of Applications to CalRecycle for Grants and Payment Programs and Authorizing the City Manager or his/her Designee to Sign all Necessary Documents. (Royal)
Item 4 was pulled by Council Member Kline; items 6 and 7 were pulled by Council Member Ryno for discussion.
MOTION: M
otion by Council Member Kline , seconded by Council Member Ryno , to approve items 1-3, 5 and 8. 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
CONSIDERATION OF ITEM(S) PULLED FROM THE CONSENT CALENDAR
Item 4
/ Council Member Kline
Council Member Kline inquired on why CSG Consultants were used for fire inspections when the contract with the City of Modesto includes fire inspections.
MOTION: M
otion by Council Member Kline , seconded by Council Member Ryno , to approve Item 4. 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
Item 6
/ Council Member Ryno
City Council discussed contracting of mowing services versus purchase of a mower.
MOTION: M
otion by Vice Mayor Silveira , seconded by Council Member Kline , to approve Resolution 2022-09. 4/1/0 Motion passes see below by the following roll call vote:
AYES:
5 Council Members: Casey, Kline, Silveira, Mayor Lopez
NOES: 0 Council Members: Ryno
ABSENT: 0 Council Members: None
Item 7
/ Council Member Ryno
Council Member Ryno inquired about the legal acceptance of a monetary donation from a business. City Attorney Tom Hallinan confirmed the donation is allowed.
ITEM 3
City Council Minutes
4 MOTION: Motion by Council Member Ryno , seconded by Vice Mayor Silveira , to approve Resolution 2022-10. 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
UNFINISHED BUSINESS
None.
PUBLIC HEARING
None.
NEW BUSINESS
9. Resolution No. 2022-12, Approving Amendments to the Salary Range for the Chief of Police (J91), and the Salary Range for Department Heads (J89). (Terrazas)
Interim City Manager Alex Terrazas provided a brief overview of the item.
Council Member Ryno asked for clarification on the impact to general fund for fiscal years 2022, 2023 and 2024.
MOTION: M
otion by Vice Mayor Silveira , seconded by Council Member Ryno, to approve Resolution 2022-12. 5/0/0 Motion passes see below by the following roll call vote:
AYES: 5 C
ouncil Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
10. Resolution No. 2022-13, Opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act. (Terrazas)
Interim City Manager Alex Terrazas provided a brief overview of the item.
MOTION: M
otion by Vice Mayor Silveira , seconded by Council Member Kline , to approve Resolution 2022-12. 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
DISCUSSION ITEMS
None.
ITEM 3
City Council Minutes
5 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.
REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.
• Council Member Ryno commented on her appreciation for the quick response by staff for cleaning graffiti at Strawberry Park.
• Public Comment: Mr. John Warren thanked staff for their work and spoke in favor of cameras in the parks.
• Council Member S ilveira announced the Concerts in the Park event and recognized the fire departments team effort in containing the fire at the recycle center.
• Interim City Manager Terrazas commented that a true example of “together we achieve” was the cleanup of Strawberry Park’s graffiti.
• Police Chief Richard Collins announced that the Police Department was recognized by the Special Olympics for their effort in raising $64,000, making them the number one fundraiser in California.
• Director of Community Development Christopher Hoem introduced Anthony Sims, the new Redevelopment and Economic Development Manager, who expressed his gratitude for the opportunity work for the City of Ceres.
CLOSED SESSION
None.
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on March 14, 202 2 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA
There being no further business, Mayor Lopez adjourned the meeting at 7:28 p.m.
_____________________________
Javier Lopez, Mayor
_______________________________
By Cristina Aguilar, Deputy City Clerk
for Annabelle Aguilar, CMC, City Clerk
Consistent with Council Policy, the minutes referenced above are in Action Format. The complete ITEM 3
City Council Minutes
6 recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter
ITEM 3
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ITEM 4
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 25, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT:
Sam Royal, Interim Public Works Director
[email protected], (209) 538-5617
SUBJECT: Public Works monthly report for March 2022
RECOMMENDED COUNCIL ACTION:
Information only, no action required.
I. BACKGROUND:
Outlined below are the significant actions performed by the Public Works Department for the month of March 2022.
FACILITY SERVICES:
• Completed 165 Facilities Maintenance Work Orders including: 105 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs and 60 preventive maintenance services
• Installed a new Alarm/security system at Costa Fields at a reduce quarterly expense for the city
• Hired a contractor to repair/reinstall brick wall at 1921 Rockefeller Dr. for the Water Department • Prepared and painted offices for the new Community Development Director, Mayor and Deputy City Clerk
• Assisted with SCADA improvements, trouble shooting and repairs to well controls for Park’s irrigation improvements, Streets’ lift stations and Water’s wells and communications • Cleaned up homeless debris twice at Independence Park and once at Roeding Park
Maintenance activities performed by one (1) Supervisor, two (2) Facility Maintenance Workers, four (4) Custodians, one (1) vacant Custodian and one (1) vacant Facility Maintenance Worker.
FLEET SERVICES:
Completed 98 work orders
○ Fleet Dept. 20
▪ Finish build of new K9 unit
▪ Repairs on Fleet/Shop COATS tire machine
▪ Repairs on Fleet/shop COATS brake lathe
▪ Had sweeper demo, swept two days on demo trial for replacement of oldest sweeper this budget year.
○ Fire Dept. 15
▪
○ PD Dept. 10
▪ Put new K9 into service
▪ Serviced 7 police vehicles
▪ Installed/retrofit six new police computers
○ Streets Dept. 30
▪ Replace radiator on street sweeper
▪ Street sweeper pickup deck repair
▪ Street sweeper electrical repair & aux. engine forced regen
○ Water: Dept. 35
▪
○ Parks Dept. 40
▪ Repair brush hog mower pto
▪ Repair leaf sweeper
○ WW Dept. 25
▪ Service jet rodder
Emergency and non-emergency City vehicles and equipment are maintained and repaired by one (1) Supervisor, one (1) Sr. Maintenance Mechanic and two (2) Maintenance Mechanics.
LANDSCAPE MAINTENANCE:
• Completed a total of 376 service requests in the following categories:
o Bike Path Repairs: 0
o City Grounds Maintenance: 29
o Park Landscape and Maintenance: 289
o Parks Landscape chemical usage: 0 gallons Parks / Grounds o Playground and Equipment Repairs: All parts for several playgrounds ordered 60 day plus on arrival
o Playground and Equipment Inspections: 3
o Right of Way (ROW) Irrigation Repairs: 27 sprinklers and 1 valve o Park Trees: 6 Trimmed
o Tree Customer Requests (Tree or Limb Down, Trims or Removals): 21
• Parks sprinklers repaired or replaced:
o Barry Grove – 0
o Costa Fields – 1 valve 2 maintenances
o Don Pedro – 1 vandalism
o Independence –0
o Neel Dog Park – 3 maintenances
o Neel Park – 23 vandalisms
o Persephone – 2 maintenances
o Redwood – 1 Valve 1 maintenances
o Riverbluff – 20 maintenances Field 8 and 9
o Riverview – 2 vandalisms
o Roeding Hts. – 2 vandalisms
o Sam Ryno – 2 maintenances
o Smyrna – 2 valves 11 maintenances
o Strawberry – 0
o Whitmore – 0
• Parks General Maintenance/Repairs:
o Disinfected all playgrounds in parks once per week
o Steam cleaned covered areas of River Bluff, and Smyrna o Added Playground Fiber to Don Pedro, Neel and River Bluff o Graffiti removal at Sam Ryno ( 3), Strawberry (3), River Bluff (2), Roeding (1 ), Neel, Persephone (1), Smyrna (6), Berry Grove, and Independence (1) parks
• Grid Prune by West Coast Arborists (WCA)
o Grid # 3 2020-2021 100% - Complete with 2,343 trees pruned o Grid # 1,2,4 & 5 uncompleted with a total of 8,571 trees unpruned o Pending: 167 High Risk, 11 Removals and 56 Trims from July
Grounds
• Right of Ways (ROWs):
o Hatch Road - Code Enforcement involved due to property damages, boulders moved, and trees cut down by homeowners. Still awaiting approval from Engineering to approve “No Parking Signs” in City ROW
o Brown and Hackett placed wood chips in ROW
o Replaced 21 sprinklers along 4th at the Community Center due to vandalism o Re-staked 1 trees along Eastgate and 12 trees along Fowler Road; 1 tree damaged by vandalism
• Smyrna Park
o Re staked 4 trees along Presidential walkway due to vandalism
• Roeding Heights Park:
o Repaired twister chair damaged due to vandalism
• River Bluff Park:
o Playground area - replaced 4 sprinklers and capped 1 due to vandalism o Repaired fence to lower area due to fire 4 times
o Aeriated Field 8 and 9 and added fertilizer
o Brush hogged lower area
• Guillermo Ochoa Park:
o Ongoing maintenance of Carousel and Merry-Go-Round
o Repaired carousel damaged by vandalism 2 times
o Removed Merry-Go-Round wheel due to Vandalism parts arrived to be repaired soon.
• City Parks, landscaping and maintenance is performed by one (1) Supervisor, one (1) Sr.
Parks Maintenance Worker , three (3) Park Maintenance Workers, and one (1) part -time Maintenance Worker.
SOLID WASTE & RECYCLING:
Reminder: Leaf & Limb collection season ended on January 9 th. The Leaf/limb reported numbers below refer to the 1 -time courtesy collection Bertolotti is conducting until May due to this being the first year the program is seasonal only.
• Highlights of solid waste and recycling collection by Bertolotti
Residential…………………….… 1,118.32 tons
Commercial……………………… 1,691.25 tons
Illegal dump……………………… 8.58 tons, 21 locations
Bulky items…………………….… 45.70 tons,151 locations
Leaf/limb (Courtesy/illegal) ….… 1.02 tons, 79 locations Street Sweep………………….… 40.51 tons
Commercial Organics…………. 107.38 tons
Residential Recycle………….… 185.46 tons
Commercial Recycle …………… 382.46 tons
Used oil…………………………… 607 gallons
Used oil filter……………...……… 86
• Waste Cart Storage Violation Notices Issued: 139
• Leaf and Limb Violation Notices Issued: 404
• City Staff illegal Disposal Clean-up Sites: 13
• Education and outreach efforts for the recent changes to the City’s solid waste collection services have included:
Numerous phone calls and responses to individual customers via phone and email requests
City website updates
Landscape signs posted throughout town
Social media pages have been created on Facebook and Instagram to deliver regular announcements on Public Works important information (including the new garbage collection service)
Studio 209 commercial (was shown on the Ceres Courier and all affiliate newspapers) websites as well as the Public Works social media pages There have been 10 Ceres Courier articles and 3 Modesto Bee articles on the program changes
Advertisement in the Stanislaus County Fair tab published in the Ceres Courier and affiliate newspapers
Utility billing insert was included in the November utility billing mailer A second utility billing insert with the garbage, organics, and recycling schedule information was included in February’s billing mailer as well as on the City’s website A doorhanger was delivered to customers when they received their additional cart A partnership with the Ceres Courier now provides a bi-weekly column, written by Public Works staff to provide regular updates on important information and projects affecting residents (including the changes to garbage service)
A promotional magnet with information on what material goes in each bin is being distributed with violation notices and with community outreach activities A presentation to a local civic was provided in November. Any further community groups interested will be accommodated as well
Leaf and Limb program notices were distributed to customers still placing piles for collection past the program end date by Public Works, Code Enforcement and Bertolotti employees
Garbage Cart storage violation notices were distributed to incompliant residents to notify them of code requirements by Public Works, Code Enforcement and Bertolotti employees
Solid Waste Division work is performed by one (1) Administrative Analyst (2) Field Service Technicians.
STREETS SERVICES:
• Staff responded to a total of 79 customer service requests • 21 ADA sidewalk repairs to include 9 ramps, 9 grinds and removal and replacement at 3 locations
• Responded to 230 Underground Service Alerts (USA) markings • 13 Code Enforcement assisted clean ups
• Repaired 20 streetlights, 17 overhead repairs and 3 underground repairs • Cleaned 39 storm drain lift stations
• Made 5 confined space entry’s maintenance cleaning
• Cleaned 12 storm drain DI’s
• Applied herbicide to 22 storm drain pump lots for weed control • Applied herbicide to 36 storm drain drainage ponds for weed control • Please note the Street’s division has been down one staff member since January due to workers comp injury.
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr. Maintenance Workers, six (6) Streets Maintenance Operators, one (1) Street Sweeper Operator.
WASTEWATER (WWTP):
• Responded to 9 customer service requests and 20 sewer problems, during working hours and after
• Staff had 2 Smart Cover alarms that prevented Sanitary Sewer Overflows (SSOs). There were (0) SSOs in March
• Serviced or Repaired:
o Lift Stations – 9
o WWTP Equipment – 14
o Main line sewer plugs – 2
o Aerators – 0
• Staff performing weekly landscape maintenance, weed abatement, and levee erosion control • Staff checked on force main to Turlock
• Staff cleaned 10,805 feet of sewer main line
• Staff CCTV inspected 467 feet of sewer line
• Staff continuing process of updating the Wastewater Discharge Report (WDR) • Staff assisted HR with the interviewing process to fill 3 open operator positions – Joshua Welch started as a Wastewater Operator-in-Training on 3/28
• James Sharp retired on 3/30 after 22 years of service with Ceres Wastewater • SCADA Integrator, Jeff Burrows, and Wastewater Systems Supervisor, Matthew Williams, continued converting lift station and treatment plant control panels to new SCADA system • Staff worked with Howk Systems and Jeff Burrows to solve irrigation pressure issue • Staff attended trainings for pesticide and herbicide spraying • 3/1/22 Operator II Aaron Ojeda underwent surgery and was placed off work until 4/11/22 • 3/4/22 Staff was called out to Hatch & Mitchell list station on an emergency high- level alarm. Both pumps were plugged with clothing. Pumps were pulled, cleared, returned to service and immediately plugged again. Pit was drained by Wastewater’s vacuum truck with the help of the Streets’ vacuum truck. Pumps were plugged 9 times over the course of the weekend
• Staff performed pond maintenance by discing and ripping percolation ponds 1, 2, and 3 • Staff completed cleaning of 90-day trouble spot list of the sanitary sewer system • 3/22/22 Staff troubleshot and removed lagoon aerator 4- 1 due to faulty motor; took it to Industrial Electric for further diagnosis and recommendations • Staff marked 292 USA tickets, which took 41 hours; preventing contractors from damaging city sewer lines
• Turlock sewer use charges $70,183.98 for the month of March • Modesto sewer use charges $123,859.70 for the month of March • Biochemical Oxygen Demand (BOD) 148 mg/L
• Treated and disposed of 73.34 mg of wastewater with an average of 2.37 mg/D
Ceres Wastewater System maintenance is performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, one (1) Operator II (currently on leave), one (1) Operator I, one (1) Operator -in-Training, and one (1) Maintenance Worker II. There are still three (3) open Operator positions.
WATER SERVICES:
• March 2022 well production was 159.135 million gallons • Average water use for March 2022 was 5.133 million gallons per day • Water staff responded to 40 customer service requests • Water staff responded to 110 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,799
o Meters/radios serviced: 6
o Meters replaced: 6
o Meters upgraded from ¾”, 5/8” to 1”: 1
o New meter installations: 3
o Meters tested for accuracy: 68
• Total valves in water distribution system: 4,402 of which 261 were exercised • Blow-offs and hydrants flushed: 112
• Water main leaks: 0
• Service line leaks: 3
• Service lines have been replaced: 3
• Hydrants replaced: 3
• Three service lines were repaired and run
• Well 23 motor pulled to be repaired
• Well 38 motor pulled to be repaired
WATER CONSERVATION:
March 2022 calculated residential gallons used per person per day: 75.17 • Annual average is 92.19 gallons per person per day
• Responded to 13 water conservation service requests
• Issued courtesy notifications: 7
• Performed 4 water audits
• Delivered 41 water waste warnings and 2 water waste fine • Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 3, Washing Machine: 0, and Turf Replacements: 1
Total Rebates YTD: 52
The graph below shows our production numbers for 2020 in blue compared to 2022 in purple with the water reduction target of 15% in red. For March 2022, we had an increase of 16.12% from the March 2020 production numbers.
Water system maintenance is performed by one (1) Public Works Superintendent, one (1) Water Distribution Supervisor, one (1) Administrative Analyst, One (1) Sr. Water Distribution Operator, nine (9) Water Distribution Operators, two (2) Field Service Technicians, one (1) part-time Water Conservationist.
Approved by: ___________________________
Alex Terrazas, Interim City Manager
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 25, 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:
Redevelopment & Economic Development Department Activities Report – February and March (Information Only)
RECOMMENDED COUNCIL ACTION:
Information only, no action required.
Overview Summary
General activity in the department varied the past 2 months which focused on researching downtown upgrades, recruiting potential new downtown businesses, meeting local existing businesses, and introductions with local networks. Below is a summary of specific work activities in the Redevelopment and Economic Development Department listed by specific area.
CRA/SCRA Succession Agency Activities
• Continued weekly training sessions with Steve Hallam regarding Urban Futures Inc., the Recognized Obligation Payment Schedule (ROPS), The Retail Coach, and other ED activities.
• Continued instruction on the preparation of the Administration Operating Budgets for the City’s two Successor Agencies for FY 2022-23 and the process of transmitting the budgets to the County Auditor Controller for review and acceptance by the County Wide Oversight Board, as part of their consideration of the upcoming 2022- 23 Recognized Obligation Payment Schedule (ROPS).
ITEM 5b
Business Retention, Outreach and Assistance
• Monthly new Ceres businesses which include “Welcome to Ceres” emails, phone call s, and/or post cards. These are the new businesses that recently received City business licenses in February and March:
February – New Business Licenses:
Evie’s House Keeping
Quickly
Big G Barbershop
Ray’s Equipment Painting
Ceres Mobile Estates
Titanium Solar LLC
March – New Business Licenses:
Dhanda Petroleum – 76 Gas/7-Eleven
Castillo Jewelry
February T
otal Business Visits: 15
Manufacturing 2
Restaurant/Food Services 1
Salon/Barborshop 2
Non-Profit Sports 2
Retail 1
Service 2
Potential New Business 1
E ducation 4
Total 15
March T
otal Business Visits: 23
Manufacturing 2
Restaurant/Food Services 1
Non-Profit Sports 1
Retail 1
Service 7
Potential New Business 1
Education 3
Commercial Development 2
Workforce Development 4
E V Charging 1
Total 23
ITEM 5b
Common Needs:
Lights on Trees throughout downtown
Downtown Farmer’s Market
Small Business Workshops
Small Business Resource Center
Workforce; needs employees
Business Attraction
• Continued monthly calls with The Retail Coach in effort to attract new businesses in Ceres along Hatch Road and the old Walmart site. Activities this month included an event The Retail Coach attended during the first week of March in Mo nterey. The Retail Coach met potential matches for our available properties. The Retail Coach will also be providing a “Downtown Marketing Plan” tailored to downtown Ceres in the coming months.
• Continued outreach to potential businesses that may have an interest in operating in downtown Ceres as well as other areas of Ceres.
Submitted attraction inquiries to:
Sprouts (for Ceres in general)
Trader Joe’s (for Ceres in general)
Bowling alley franchises across the country (for old Walmart site) Coffee shop businesses (for downtown)
Pub style & steakhouse restaurants (for downtown)
Local/Regional ED Initiatives
• Connected Ceres businesses with electric vehicle charging station grant programs and funding.
• C ontinued to attend meetings such as Ceres Chamber of Commerce, Love Ceres, and Central Valley Hispanic Chamber of Commerce.
• Collaborating with Stanislaus County EDD to have a Job Fair in July at the Ceres Community Center.
• Participated in a zoom meeting with our City HR Department and representatives from Opportunity Stanislaus to initiate recruitments for City of Ceres.
• Obtained Ceres Economy Overview report and posted on Economic Development Department section of City website.
ITEM 5b
Downtown Revitalization Initiatives
• Completed quarterly staff report to the Ceres Downtown Revitalization Area Board (Planning Commission), reporting on the 2
nd Quarter, FY 2021-22 revenue and expenses
pursuant to the Ceres Downtown Revitalization Area (CDRA) Annual Report.
• Submitted ARPA Suggestions for Downtown economic development efforts.
• Continued to communicate with downtown property owners in effort to attract new businesses and achieve more foot traffic downtown.
Miscellaneous
• Continued to post relevant stories of local economic development activities on the City’s Economic Development Department Facebook page, adding content in support of networking and training opportunities sponsored by the Ceres Chamber of Commerce, Valley Sierra Small Business Development Center, Love Ceres, Central Valley Hispanic Chamber of Commerce, and Opportunity Stanislaus.
• Reviewed Site Plan Review proposals, forwarded from the Community Development Department, seeking input from an Economic Development perspective.
ITEM 5b
Item 6.
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 25, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Samir Royal, Interim Public Works Director
[email protected], (209) 538-5617
SUBJECT:
Resolution No. 2022-32, Authorizing a Budget Amendment and Authorizing the City Manager to Approve a Purchase Order for Four (4) Hach Nitrate Analyzers for Wellhead Treatment Projects RECOMMENDED COUNCIL ACTION:
Staff recommends City Council authorize the City Manager to approve a purchase order for four (4) Nitratax Plus SC Probe Nitrate Analyzers to monitor effluent well water with treatment systems for an amount not to exceed $175,000.00.
I. BACKGROUND:
On April 18th, 2018, the City received a compliance order for exceeding the 1,2,3-TCP Maximum Contaminant Level of .0005ug/L. To date, Wells 28 and 38, and Wells 39 and 40 are all successfully treated with Granular Activated Carbon (GAC) Treatment Systems. The City has also entered contract to install GAC Treatment Systems on Well 16 and Well 22. Well 35 is currently inactive because it is producing water with n itrate levels over the MCL. The City has contracted with Provost and Pritchard to design and install an Ion Exchange Treatment System f or the removal of nitrate.
GAC Treatment Systems and Ion Exchange for the removal of nitrate require continuous monitoring of nitrate on the effluent stream to protect public health. Each online nitrate analyzer is equipped with an alarm system that initiates an alarm if the nitrate concentration, measured by the continuous monitoring system, reaches a concentration of 8.0 mg/L, and shall terminate the operation of the well if the nitrate concentration measured by the continuous monitoring system reaches a concentration of 9 mg/L. The alarm system shall notify the stand- by operator by auto dialer (WIN911).
Item 6.
II. REASONS FOR RECOMMENDATION:
The wells with GAC Treatment Systems are equipped with the Nitratax Plus SC Probe Nitrate Analyzers and have annual service agreements to maintain the instrument . The City wishes to have uniformity with the analyzers and service agreements to maintain thes e highly technical instruments. The City has chosen Hach as a sole source provider due to the outstanding reputation of the company, technical support, and reliability of the instruments.
III. FISCAL IMPACTS:
The Wellhead Treatment projects for well sites 16, 22 & 35 were included in 2021- 2022 CIP budget, for Well 16 in the amount of $1,100,000.00, Well 22 in the amount of $1,000,000.00 and Well 35 in the amount of $1,500,000.00. A Budget Amendment is necessary , and the Fiscal Impacts for the purchase of four (4) Nitratax Plus SC Probe Nitrate Analyzers shall not exceed $175,000.00. The amount shall be distributed to the following account numbers; • Wellhead No.16, Account Number 527.95.221000 for $43,750.00 • Wellhead No.22, Account Number 527.95.221100 for $43,750.00 • Wellhead No.35, Account Number 527.95.221200 for $86,500.00
In accordance with the Government Operations section of the Strategic Plan to “provide quality services to meet community needs, assuri ng that the City is sufficiently staffed, trained and equipped overall.”
V. POLICY ALTERNATIVES:
The alternative is to include this item in each bid for each well project and pay the mark up fees.
In addition, the City will not own warranty or service agreements for one year as they will be owned by the contractor who installs the instrument during that time, making ownership and maintenance challenging.
IX.
STEPS FOLLOWING APPROVAL:
The Finance Director to make the accounting entries to execute the purchase order.
Approved by:_____________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. Budget Amendment
RESOLUTION NO. 2022-32
AUTHORIZING A BUDGET AMENDMENT AND AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE ORDER FOR FOUR (4) HACH NITRATE
ANALYZERS FOR WELLHEAD TREATMENT PROJECTS
THE CITY COUNCIL
City of Ceres
WHEREAS, City Wells 28 and 38, and 39 and 40 are successfully treated with Granular Activated Carbon (GAC) Treatment Systems; and,
WHEREAS, the City has entered contract to install GAC Treatment Systems on Wells 16 and 22; and,
WHEREAS, the City has entered contract to design and install an Ion Exchange Treatment System on Well 35; and,
WHEREAS, GAC Treatment Systems and Ion Exchange for the removal of nitrate requires continuous monitoring of nitrate on the effluent stream to protect public health; and,
WHEREAS, City Wells with GAC Treatment Systems are equipped with the Nitratax Plus SC Probe Nitrate Analyzers; and,
WHEREAS, the City wishes to have uniformity with the analyzers and service agreements to maintain these highly technical instruments; and,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ceres that the City Council authorizes the City Manager to approve a purchase order for four (4) Hach Nitrate Analyzers for Wellhead Treatment Projects for an amount not to exceed $175,000.00.
BE IT FURTHER RESOLVED, that the City Council does hereby approve the Budget Amendment, and the Finance Director is hereby authorized and directed to record the appropriate accounting entries as shown on the attached Budget Amendment.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of April 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
_____________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Annabelle Aguilar, CMC, Interim City Clerk
Resolution 2022-32
Exhibit A
Exhibit "A"
Budget Amendment No.
Fiscal Year 2021 - 2022
Reference Resolution No. 2022-32, dated April 25, 2022
authorizing appropriations for the Purchase Order for Four (4)Hach Nitrate Analyzers for Wellhead Treatment Projects as follows:
Appropriations:
Fund Name Fund
No.
Dept.
No.
Object
No.
Appropriation
Amount
Wellhead No.16 527 95 221000 $43,750.00
Wellhead No.22 527 95 221100 $43,750.00
Wellhead No.35 527 95 221200 $87,500.00
Requested Appropriation $175,000.00
2021 - 2022 Current Appropriation $3,600,000.00
Total Appropriation $3,775,000.00
Estimated Revenues:
Fund Name Fund
No.
Type
No.
Object
No.
Estimated
Revenue Amt.
Total Estimated Revenue $0.00
2020 - 2021 Current Estimated Revenue $0.00
Total Estimated Revenue $0.00
Fiscal Impact:
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 25, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Marjorie Blom, Planning Consultant
[email protected], (209) 538-5762
SUBJECT:
Resolution No. 2022-33, Adopting in Concurrence with Stanislaus Urban County Consortium FY 2022-2023 Annual Action Plan and Support of Submission to HUD.
RECOMMENDED COUNCIL ACTION:
Adopt a Resolution in concurrence with Stanislaus Urban County Consortium Fiscal Year (FY) 2022-2023 Annual Action Plan and support of submission to the US Department of Housing and Urban Development (HUD).
I. BACKGROUND:
The city is a member of the Stanislaus Urban County Consortium, consisting of Stanislaus County, the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford.
Participation in the Consortium enables the County and participating jurisdictions to access funds directly from the federal government (Housing and Urban Development or HUD Community Development Block Grant Program), rather than compete for funds through the State.
For Fiscal Year 2022-2023, it is anticipated that the City of Ceres will be allocated approximately $230,000 under the Community Development Block Grant (CDBG) program. The goals of the Consortium as established under the federal CDBG programs guidelines are as follows: 1) to provide decent housing; 2) to provide a suitable living environment; and 3) to expand economic opportunities.
The City of Ceres allocation for FY 2022- 2023 will be utilized for the continuation of the Morrow Village Project consisting of infrastructure improvements (curb, gutter, sidewalk, and ADA improvements) and CDBG administration.
II. REASONS FOR RECOMMENDATION:
This action is required by HUD, as the City of Ceres is a member of the Stanislaus Urban County Consortium, for Community Development Block Grant (CDBG) Funds.
ITEM 7
III. FISCAL IMPACTS:
The City will receive approximately $230,000 from the Stanislaus Urban County Consortia’s CDBG funds, which will be included in the Fiscal Year (FY) 2022-2023 City Budget.
IV. PUBLIC PARTICIPATION:
The Stanislaus County Planning and Community Development Department, as the Consortium administrator, has the lead role in the preparation of the Annual Action Plan, which includes the public participation requirement under HUD guidelines.
A series of public meetings were held in each of the Consortium member’s jurisdiction. For the City of Ceres, the community meeting on the Draft FY 2022- 2023 Annual Action Plan (AAP) will be held on April 25, 2022, at 5:00 pm at the Ceres Community Center, Upstairs Meeting Room.
In addition, the Draft FY 2022-2023 Annual Action Plan has been available for public review in the Stanislaus County Planning and Community Development Department, as well as various locations throughout the County, for over a month. To date, the city has not received any verbal or written comments regarding the Draft FY 2022-2023 AAP.
Any public comments received by members of the public this evening will be forwarded to the County Board of Supervisors for inclusion in the final FY 2022- 2023 Annual Action Plan being submitted to HUD by the County.
V. STEPS FOLLOWING APPROVAL:
Staff will forward any public comments and the resolution of concurrence to the County Board of Supervisors, who will consider adoption of the FY 2022-2023 Annual Action Plan on May 3, 2022.
Approved by:_____________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
ITEM 7
RESOLUTION NO. 2022- 33
RESOLUTION ADOPTING IN CONCURRENCE WITH STANISLAUS URBAN COUNTY CONSORTIUM FY 2022-2023 ANNUAL ACTION PLAN AND SUPPORT OF SUBMISSION TO HUD.
THE CITY COUNCIL
City of Ceres, California
WHEREAS the Annual Action Plan outlines the g oals for ut ilizing Community Development Block Grant (CDBG) funds to assist low- income households and persons in the areas of housing, associated infrastructure, and economic development for the Stanislaus County Consortium.
WHEREAS, the Stanislaus Urban County C onsortium includes the County of Stanislaus, the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford, each of which have unanimously chosen to participate in the entitlement process, thereby receiving a portion of CDBG funds allocated to Stanislaus County.
WHEREAS the City of Ceres allocation of approximately $230,000 in CDBG funds will be utilized for eligible administration and infrastructure improvements for the installation of (ADA) ramps, and related curb, gutter, s idewalk repairs for the Morrow Village Infrastructure Project.
WHEREAS, Stanislaus County, the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford have worked together to prepare the Annual Action Plan for Fiscal Year (FY) 2022-2023; and
WHEREAS the Annual Action Plan for FY 202 2-2023 was made available to the public as an opportunity to review and provide comments prior to the final public hearing to be held by the Stanislaus County Board of Supervisors on May 3, 2022.
NOW, THE REFORE, IT IS H EREBY RESOLVED that t he City Cou ncil of the City of Ceres concurs with the FY 2022-2023 Annual Action Plan and supports submission to the US Department of Housing and Urban Development (HUD).
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25
th day of April 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Annabelle Aguilar, CMC, Interim City Clerk
ITEM 7
ITEM 7
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 25, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
Tom Hallinan, City Attorney
CONTACT: Tom Hallinan, City Attorney, [email protected] Annabelle Aguilar, Interim City Clerk,
[email protected]
SUBJECT:
Resolution 2022-34, Authorizing the City to Continue
Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.
RECOMMENDED COUNCIL ACTION:
Staff recommends Council adopt a Resolution authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361.
I. BACKG
ROUND:
Governor Gavin Newsom signed Executive Order N -15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency un der modified Brown Act requirements that are similar but not identical to the rules and procedur es established by the previous Executive Brown Act Orders.
This bill, u ntil January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M.
Brown Act when a legislati ve body of a local agency holds a meeting during a declared state of eme rgency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.
ITEM 8
II. REAS ONS FOR RECOMMENDATION:
On June 11, 2021, Governor Newsom issued Ex ecutive Order N -08-21, which among other things rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
As the Delta variant has s urged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional s afeguards. AB 361 allow s a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
• The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
A local agency that holds a meeting under thes e circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additio nal requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.
Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agen cy provides notice of the teleconferenced meeting or posts its agend a, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend vi a a call-in or an i nternet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call- in or internet -based service option or is within the local agency’s control and pr events the public from submitting public comments (any actions taken ITEM 8
during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).
• Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • I f the legislative body uses a third- party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.
AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N -29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.
Since Ja nuary of 2021, the C eres C ity Council meetings hav e been held with virtual hybrid teleconference components. The City Council Chamber is open for public attendance and allows for public participation through a virtual environment. On October 11, 2021, the Ceres City Council adopted Resolution No. 2021-101 authorizing the City to implement telec onferenced public meetings pursuant to Assembly Bill 361 . This allowed the City to continue a hybrid virtual meeting environment. The legislative body must now co nduct the 30- day review and make the ne cessary findings to continue to meet in a virtual hybrid environment.
III. F
ISCAL IMPACTS :
There is no fiscal impact.
IV. I
NTERDEPARTMENTAL COORDINATION:
The response was prepared by the City Attorney in coordination with the City M anager and City Clerk.
V. P
UBLIC PARTICIPATION:
The public is encouraged to provide input at the City Council meeting.
ITEM 8
VI.
STEPS FOLLOWING APPROVAL:
If Council makes the finding that the state of emergency continues to directly impact the ability of m embers to meet safely in person, and/ or State or local officials conti nue to impose or recommend social distancing measures , t he City will continue using the hybrid environment. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
Prepared by: __________________________
Tom Hallinan, City Attorney
Submitted by:______________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
ITEM 8
RESOLUTION NO. 2022-34
AUTHORIZING THE CITY TO CONTINUE TELECONFERENCED
PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 ALLOWING
THE CITY TO CONTINUE A HYBRID VIRTUAL MEETING
ENVIRONMENT.
THE CITY COUNCIL
City of Ceres
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and
WHEREAS, on March 23, 2020, the City Council adopted Resolution N umber 2020-23 declaring a local emergency due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.
Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N -29-20, staff set up Zoom meetings for all City Council, Planning Commission and Measure H Oversight Committee meetings; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N -08- 21, which placed an end date of September 30, 2021, for agencies to meet remotely; and
WHEREAS, since issuing Executive Order N -08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and
WHEREAS, on October 11, 2021, the City Council adopted Resolution No. 2021- 101 a uthorizing the City to i mplement teleconferenced public meetings pursuant to Assembly Bill 361 allowing the City to continue a hybrid virtual meeting environment. The City will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings and there is a need to continue the virtual hybrid meeting environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES
RESOLVES AS FOLLOWS:
ITEM 8
1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:
a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions /Committees, as well as staff and members of the public, from meeting safely in person; and
c. The Stanislaus County Health orders require all individuals in public spaces to maintain social distancing.
2. City Council and Commission/Committee meetings will continue to be conducted with a virtual hybrid component for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.
3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25
th day of April, 2022 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
_____________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Annabelle Aguilar, CMC, Interim City Clerk
ITEM 8
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 25, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Christopher Hoem, Community Development Director [email protected], (209) 538-5778
SUBJECT:
Resolution No. 2022 -35, Approving the Improvement Agreement and Recordation of the Subdivision Map for the Cambridge Estates Subdivision, Phase 2.
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve the Improvement Agreement and recordation of the Subdivision Map for the Cambridge Estates Subdivision, Phase 2.
I. BACKGROUND:
The project consists of a subdivision of 8.26 acres into 38 single family lots at 1200 & 1206 Hackett Road. The Vesting Tentative Subdivision Map was approved by the City of Ceres Planning Commission on May 7, 2018. After approval of the Improvement Agreement and recordation of the final map, the project improvements will continue.
II. REASONS FOR RECOMMENDATION:
The Improvement Agreement is in a form approved by the City Attorney. The Improvement Agreement obligates the Developer to construct improvements as presented on the improvement plans and project’s Tentative Map conditions of approval. The agreement specifies public improvement securities that the Developer must provide including specific amounts and the duration. The agreement provides indemnification to the City by the Developer and requires the Developer to maintain various insurance coverages. The Cambridge Estates Subdivision, Phase 2 Map is ready for recordation, and it is in substantial conformance to the approved Vesting Tentative Subdivision Map and the project’s conditions of approval. The requirements for the filing and recordation of the Subdivision Map have been met.
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III. FISCAL IMPACTS:
The Developer has paid a deposit towards Engineering Department plan check and inspection fees.
The securities as required by Ceres Municipal Code section 17.18.070 have been provided and approved by the City Attorney.
The Engineering Department has determined that the required security is sufficient to cover the cost of said improvements, engineering, inspection, fees, and incidental expenses. The securities are based on the Engineer’s Estimate of $ 1,453,482.00 for the value of improvements to be constructed in the public right of way for Cambridge Estates Subdivision, Phase 2.
IV. INTERDEPARTMENTAL COORDINATION:
This project was coordinated with the Engineering Services Department. Upon acceptance of this work, the Public Works Street Department will provide ongoing regular maintenance of the public improvements.
V. ENVIRONMENTAL REVIEW:
All environmental documents have been completed.
VI. STEPS FOLLOWING APPROVAL:
The City will coordinate with the Stanislaus County Recorder’s Office for the recordation of the subdivision map.
Approved by:_____________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. Improvement Agreement
3. Subdivision Map
ITEM 9
RESOLUTION NO. 2022-35
RESOLUTION APPROVING THE IMPROVEMENT AGREEMENT AND
RECORDATION OF THE SUBDIVISION MAP FOR THE CAMBRIDGE
ESTATES SUBDIVISON, PHASE 2.
THE CITY COUNCIL
City of Ceres
WHEREAS, the Bright Development, a California Corporation. (DEVELOPER) owns the land situated in the City of Ceres, consisting of 8.26 acres, known as the Cambridge Estates Subdivision, Phase 2; and
WHEREAS, the Vesting Tentative Subdivision Map was approved by the City of Ceres Planning Commission on May 7, 2018 with conditions of approval as noted in the PC Resolution 18-01 VTSM; and
WHEREAS, a two year time extension was approved by the City of Ceres Planning Commission on July 20, 2020 in the PC Resolution 20-23; and
WHEREAS, the City of Ceres Secretary of the Planning Commission and the City Engineer have certified that the Cambridge Estates Subdivision, Phase 2 Map substantially conforms to the approved tentative subdivision map; and
WHEREAS, the required public improvements have not been completed; and
WHEREAS, the DEVELOPER has executed a Subdivision Improvement Agreement and provided the required securities for all public improvements; and
WHEREAS, said securities are in forms acceptable to the City Attorney and in the amounts required by the City Engineer; and
WHEREAS, the City of Ceres City Engineer has certified that the Cambridge Estates Subdivision, Phase 2 Map meets the provisions of California Subdivision Map Act and the provisions of the Cere Municipal Code relating to Subdivisions, and the City Surveyor has determined that the map is technically correct, and
NOW THEREFORE BE IT HEREBY RE SOLVED by the Council of the City of Ceres that it hereby approves the Cambridge Estates Subdivision, Phase 2 Map, and that the dedications for public streets and easements as shown thereon within the boundaries of said map be accepted on behalf of the public for public use.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to certify the map on behalf of the City of Ceres.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Improvement Agreement.
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PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of April, 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
_______________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Annabelle Aguilar, CMC, Interim City Clerk
Resolution 2022-35
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along said south line, a distance of 568.26 feet to the TRUE POINT OF BEGINNING; South 00° 07’ 50” West, a distance of 202.00 fee; thence South 89° 52’ 10” East, a distance of 14.73 feet; thence South 00° 07’ 50” West, a distance of 150.00 feet; thence South 89° 52’ 10” East, a distance of 120.00 feet; thence South 00° 07’ 50” West, a distance of 358.00 feet; thence South 89° 52’ 10” East, a distance of 9.16 feet; thence South 00° 07’ 50” West, a distance of 150.00 feet; thence North 89° 52’ 10” West, a distance of 84.35 feet; thence South 00° 07’ 50” West, a distance of 189.23 feet to the north line of Lot 15 of Brown Estates Unit 3 as shown on the map recorded in Book 39 of Maps, Page 87, Stanislaus County Records; thence South 89° 43’ 02” East, along the north line of said Brown Estates Unit 3, a distance of 326.47 feet to the southwest corner of Parcel “D” as shown on the map recorded in Book 20 Parcel Maps, Page 23, Stanislaus County Records; thence North 00° 10’ 55” East along the west line of Parcels “D”, “C”, and “B” of said Parcel Map, a distance of 735.10 feet to a line that lies 315.00 feet south of and parallel with the said south line of Hackett Road; thence North 89° 52’ 10” West along said line, a distance of 138.32 feet; thence North 00° 10’ 55” East along a line that lies 138.32 feet west of and parallel with the west line of Parcels “B” and “A” of said Parcel Map, a distance of 315.00 feet to the said south line of Hackett Road; thence North 89° 52’ 10” West along said south line, a distance of 248.64 feet to the point of beginning.
Pursuant to Lot Line Adjustment recorded March 18, 2003, Instrument No. 2003- 0041443-00, Official Records; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on May 7, 2018, at 6:00 p.m. and considered the appropriate documents regarding the potential environmental effects of the proposed application, including any comments received during the public review period whether orally or in writing; and,
WHEREAS, the Planning Commission based on the evidence within the staff report and project file find that:
1. The proposed Vesting Tentative Subdivision Map as conditioned, is consistent with the purpose and intent of the Planned Community - 49 (PC-49) designation of the Ceres Municipal Code.
2. The proposed Vesting Tentative Subdivision Map as conditioned, is consistent with the purpose and intent of the Low Density Residential (LDR) designation of the Ceres General Plan.
3. The proposal will have no adverse effect on surrounding properties.
4. The proposal will not endanger any wildlife or wildlife habitat.
5. None of the mandatory findings for denial within the State Subdivision Map Act (Section 66474) apply to this proposal.
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ITEM 9
EXHIBIT “A”
CONDITIONS OF APPROVAL
Vesting Tentative Subdivision Map # 18-01
City of Ceres
1200 & 1206 Hackett Road, Ceres, CA, 95307
Prepared: April 23, 2018
Approved by the Planning Commission: May 7, 2018
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A
A. PROJECT AUTHORIZATION
1. The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this approval, but shall not be construed to permit violation of other laws and policies not so listed.
2. Approval is limited to the conformance of the land use and zoning. Use of the property shall be limited to those permitted by the PC -49 zoning district as applicable, as it exists now or may be amended in the future.
3. The Vesting Tentative Subdivision Map shall expire within 24 months of the approval date, unless a Final Map is filed by May 7, 2020, or a request for an extension is received and approved by the City.
B. PROJECT SPECIFIC CONDITIONS
Prior to approval of a Final Map, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Development Services Department:
1. The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall be in a letter format with each condition numbered and indexed for reference and shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. A copy of these responses shall be provided with each set of the final map and improvement plans.
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2. Prior to approval of the final map, the applicant shall complete or guarantee completion in a form satisfactory to the Engineering Division, any required improvements for this entitlement to the satisfaction of the City which may include, but are not be limited to: ensu ring that public water and sewer services are available to serve the lots of the subdivision; installation of roadway and curb, gutter, and sidewalk and frontage landscaping improvements; and curb cuts for future driveways for said lots.
3. The Vesting Tentative Subdivision Map shall create 38 residential lots on
8.26 +/- acres. Prior to constructing any homes for the 38 lots, the applicant must receive approval of a Planned Community Development Plan (PCDP) entitlement from the City Planning Commission for the home designs and their placement on the lots. A ll single -family homes for the Phase II lots shall be of single-story height.
4. Before any construction of the single- family homes takes place, the developer shall install a 7- foot tall chain link fence with slats for those ranchette properties along Morgan Road that have livestock to protect these non-conforming uses from the proposed single- family homes. If these non- conforming uses (livestock) do not exist, this condition is null and void and the traditional 6-foot tall solid wood fence would be constructed.
5. The final map shall be in substantial conformance to the approved Vesting Tentative Subdivision Map, as conditioned, and that the development shall be consistent with the applicable sections of the M unicipal Code and the Brown Annexation Master Plan.
6. The front setback for each residential lot for this vesting tentative subdivision map shall be measured from the back of sidewalk to be consistent with the Cambridge Estates - Phase I subdivision.
7. Building permits shall not be issued for new single- family homes for this subdivision prior to the recordation of the final map. Building permit(s) for new single-family homes shall be subject to City and County Public Facility Fees, Ceres Unified School District and the applicable Brown Annexation Master Plan Fees in place at the time of development. These fees may be adjusted yearly based on the construction cost index.
8. Hackett Road shall be improved from centerline with 20 feet of roadway, a 5-foot lands cape area and a 5- foot sidewalk along the six residential lots fronting on Hackett Road. The landscaping shall be approved by the Director of Community Development consistent with City of Ceres Water Efficient Guidelines and Standards.
9. Interior streets within the subdivision shall have a right -of-way of 50 feet, which includes from centerline 17 feet of roadway, 6 feet from flow line to face of sidewalk and two feet of sidewalk. The right -of-way splits the five- ITEM 9
foot sidewalk, with two feet being in the right -of-way and three feet being on the property owners’ lot.
10. The following dedications shall be made:
a) Water rights;
b) Street dedication on Hackett Road to 30 feet from centerline.
11. Full street improvements shall be installed along Hackett Road, as approved by the City Engineer. These improvements are to include, but not be limited to vertical face curb, gutter, sidewalk, storm drainage, water lines, sewer lines, street lights and street pavement. All improvements shall be constructed in accordance with City Standards. The project is within the Brown Annexation Street Improvement Benefit District and the applicant shall pay the fee per dwelling unit that is in place at the time the building permit is issued.
12. Street names and signs shall be provided as approved by the City Engineer.
13. A soil report shall be required.
14. A ten -foot street tree planting easement along all project streets shall be recorded on all lots.
15. All lots shall connect to public water and sewer as approved by the City Engineer.
16. All front and exterior side- yards shall be landscaped as approved by the Director of Community Development and automatic irrigation systems with seven-day timers shall be installed.
17. This subdivision shall connect to City storm drain system consistent with the Storm Drain Master Plan, as approved by the City Engineer. The development is within the Westpointe Storm Drain Benefit District and the applicant shall pay the appropriate fees.
18. Survey monuments shall be installed at intersections consistent with the City of Ceres standards.
19. All existing utilities shall be properly abandoned or relocated.
20. The subdivider shall be responsible for all dust control during the construction of this subdivision.
21. Prior to final acceptance, the subdivider shall provide the C ity with copies of the final map and record the construction drawings in an Auto Cad and PDF ITEM 9
format. Additionally, the record construction drawings shall also be provided on 5mil mylar.
22. All existing dwellings, structures and plumbing across property line shall be removed prior to filing the final map.
23. All interior streets shall be constructed consistent with adopted City Standards as approved by the City Engineer. Drive- over type curb and gutter is not permitted.
24. All water mains in the proposed subdivision shall be eight inches. The applicant shall also provide a “blow off” at the end of the water line on the east end of Bria Drive.
25. Public utility easements required by the utility companies serving the project shall be dedicated by the final map.
26. All existing structures, including such underground facilities as cesspools, septic tanks, basements, and wells not incorporated into the subdivision, shall be demolished or removed to the satisfaction of the City Engineer.
27. In case of removal and relocation of any structure within the City boundary, the applicant shall be required to obtain a conditional use permit to be approved by the Planning Commission. If the applicant chooses to demolish any structure or relocate the structure outside the city boundary , a building permit shall be required.
28. The developer shall record on each deed, that there are on going and permitted grandfathered uses that include both raising of livestock and competition animals which may produce odors, dust, noise, flies, etc. This recordation shall take place for all 38 lots.
29. The applicant shall comply with the requirements of the Turlock Irrigation District letter dated February 27, 2015.
30. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District letter dated February 24, 2015.
C. GENERAL CONDITIONS OF APPROVAL
Planning Division
1. Development shall conform to the map designated by the City Planning Division as “ Vesting Tentative Subdivision Map for Cambridge Estates – Phase II” drawn by GDR Engineering, Inc. , stamped received January 21, 2015. The “Vesting Tentative Parcel Map” shall consist of the submitted ITEM 9
map amended by the applicant to reflect any changes indicated above in the Project Specific Conditions or required by the City in the approval process.
The applicant shall submit any required amended maps to the Planning Division within 90 days of project approval. Failure to submit the amended map will result in a delay in processing and/or approval of the final map.
2. The Planning Division may approve minor amendments to the map, provided that the map is still in substantial conformance with the original approval. A request for a minor amendment shall be submitted in writing to the Planning Division.
3. The final map shall be in substantial compliance to the a pproved vesting tentative subdivision map and the development shall be consistent with applicable sections of the General Plan and Zoning Ordinance.
4. The developer will defend, indemnify, and hold harmless the City, its agents, officers, employees and volunteers from and against all claims, lawsuits or causes of action (whether brought solely against the City or jointly against both City, developer, or others), damages, losses, and expenses, including attorney fees, arising in any manner out of the approval of the application approved herein, including, without limitation, all actions or proceedings to attack, set aside, void or annul the permit granted pursuant to the City’s approval of the application referenced herein, provided the City notifies the developer within a reasonable time of any such claim, action or proceeding, and cooperates in the defense of such claims, actions or proceedings.
5. The development impact fees and project processing fees due in connection with this project shall be based upon the fees in effect at the time the fee is paid unless modified by a Development Agreement or other mechanism approved by the City. All developers of property within this project site shall pay the appropriate City and Count y Public Facility Fees, Ceres Unified School District Fees and other applicable fees in place. These fees may be adjusted yearly based on the construction cost index or other method as approved by the City.
6. The applicant shall meet all requirement s of Pa cific Gas & Electric, AT&T , San Joaquin Valley Air Pollution Control District, Turlock Irrigation District and other utility agencies serving the project site to the satisfaction of the Planning Division.
7. Prior to any construction activity, the developer shall inform all contractors of the possibility that human remains may be found on the site during construction activities. The applicant shall consult with the Native American Heritage Commission for recommended procedures if human remains are found.
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8. The applicant and/or outside party have the right to appeal, within 10- days, any decision of the Planning Commission to the City Council per the provisions of Chapter 18.46 of the Ceres Municipal Code.
Engineering Services Department/Public Works Department
1. A plan for preventing stormwater pollution and implementation of appropriate Best Management Practices (BMP’s) must be submitted to, and approved by, the Ceres Engineering Division prior to issuance of building permits for remaining development. If required, the applicant shall obtain coverage under the statewide NPDES General Construction permit and shall prepare a Storm Water Pollution Prevention Plan (SWPPP) and submit a Notice of Intent (NOI) and fee to the Regional Water Quality Control Board and have both on- site for reference and inspection. Furthermore, to obtain a building permit, a copy of the SWPPP and verification of a NOI, if required, must be submitted to the Building Division when building plans are submitted.
2. The applicant shall submit a grading and drainage plan with the proposed improvement plans, and shall obtain the necessary permit. No grade severance to adjoining properties may be permitted without masonry retaining walls. Storm water drainage shall not cross property lines. All walls, fences and utilities shall be shown on the grading plan. All lots adjoining irrigation ground must be graded so that the back of lot elevations and house pad elevations are at least 6 inches above the irrigated ground or as approved by the City Engineer. All pad elevations for new dwelling units shall be at least three inches above the top of the curb or as approved by the City Engineer. All lots shall drain to the street. Adequate elevations on adjacent properties shall be provided to confirm that this project does not impact adjacent properties.
3. The applicant shall be required to work with the Engineering Division and Public Works Department to take appropriate measures to accommodate storm drainage associated with the project. The applicant must abide by Ceres Municipal Code and not discharge sediments or pollutants (concrete wash, paint, etc.) into City stormdrain system.
4. All easements (i.e. public utility easements, tree planting easement, etc.) and agreements required for this project shall be recorded concurrent with recordation of the final map.
5. All lots shall connect to public water and sewer as approved by the City Engineer. The applicant shall ensure that water and sewer services are provided for the project to the satisfaction of the Engineering Division and Public Works Department.
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6. Prior to or concurrent with the filing of the final map, this subdivision shall become a part of a 1972 Lighting and Landscape Maintenance District.
7. Prior to approval of the final map, a soils report is required for the project.
The soils report shall comply with the current requirements of the International Building Code with the California Building Code. The soils report shall provide design parameters for proposed building foundation, soil preparation, and specifications and recommendations for pavement sections.
8. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement.
9. As applicable, all existing utilities shall be properly abandoned or relocated.
All new and relocated utilities shall be placed underground and consistent with City Council policy on location and undergrounding of utility boxes.
10. The subdivider shall be responsible for all dust control during the construction of this subdivision in compliance with the San Joaquin Valley Air Pollution Control District’s regulations.
11. All existing structures, including such underground facilities as cesspools, septic tanks, basements, and wells not incorporated into the subdivision, shall be demolished or removed to the satisfaction of the Engineering Division.
12. The applicant shall indicate, in writing to the City, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per County requirements.
13. All haul routes shall be approved by the City Engineer. Haul routes shall be limited to graded area only.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL
APPLY:
14. Prior to any work being conducted within the City right -of-way, the applicant shall obtain an Encroachment Permit from the City. The Encroachment Permit requires improvement plans approved by the City Engineer, plus payment of plan check and inspection fees.
15. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus County Environmental Health Department, the Fire Department, the Police ITEM 9
Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.
16. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.
17. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer.
18. Sufficient surety guaranteeing any required public improvements for a period of one year shall be provided.
19. If there are substantial changes in the size, alignment, grades, etc. during construction, then original "as -built" plans on the standard size sheets will be certified by the Project Civil Engineer and returned to the City Engineer's office.
Building Division
1. Approval of this project is not an authorization to commence construction.
Building construction, alterations, repairs, sign erection, or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits.
2. The applicant shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, Brown Annexation Street Improvement Benefit District Fees, and Ceres Unified School District fees for any new dwelling units . These fees are adjusted annually. The applicant shall pay these fees in place at the time the building permit is issued.
3. All construction shall meet the requirements of the currently adopted California Building Code, and disability accessibility as approved by the Building Division.
4. Construction of all improvements shall be completed by licensed contractor(s).
Fire Division
The applicant shall comply with the requirements of the Fire Division which may include, but are not limited to:
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1. Fire hydrants shall be provided as required by the Fire Chief. Reflectorized makers shall also be provided. Said fire hydrants shall be Rich Ranger 960 or equal and be spaced a maximum of 300 feet. Blue dot markers shall be placed in the roadway to denote fire hydrants.
2. All single-family residences shall be designed to include fire sprinklers to the satisfaction of the Fire Chief.
3. A minimum of 24-hour notice is required for all inspections.
4. The applicant shall ensure that street addresses are visible from the adjacent roadways for all units.
5. Cul-de-sacs shall have a bulb turning radius that meets City standards.
Police Division
1. The project will be required to conform to the provisions of the Public Peace, Safety and Morals Section of the Ceres Municipal Code.
I:\PLANNING\DEPT\PLANNING\PC\Resolutions\2018\Reso 18-12 (18-01 VTSM; Cambridge Estates II - 1200 & 1206 Hackett Road COA's).doc
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OWNER'S STATEMENT CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE
TAX COLLECTOR'S STATEMENT
CITY ENGINEER'S STATEMENT
COUNTY RECORDER'S STATEMENT
CITY'S SURVEYOR'S STATEMENT
CITY PLANNING COMMISSION'S STATEMENT
NOTARY STATEMENT
DO NOT STAMP
SURVEYOR'S STATEMENT
BEING A SUBDIVISION OF A PORTION OF LOTS 1 AND 2 OF THE HEWITT COLONY, FILED IN BOOK 2 OF MAPS, PAGE 35, STANISLAUS
COUNTY RECORDS, LYING IN THE SOUTHEAST QUARTER OF
SECTION 16, T. 4 S., R. 9 E., MOUNT DIABLO MERIDIAN, IN THE CITY
OF CERES, STANISLAUS COUNTY, CALIFORNIA
CAMBRIDGE ESTATES
PHASE 2
RDG
CERTIFICATE OF ACCEPTANCE
CITY CLERK'S CERTIFICATE
PRELIMINARY - FOR AGENCY REVIEW
PRELIMINARY - FOR AGENCY REVIEW ITEM 9
173435
36 37
38 39
40 7654
1833
1932
2031
2130
2229
B L O C K
4 1 2 1
432
1 11 10
9 5 6 7
4 (41-M-9)
7 6
5 4
PARCEL D(20-PM-23)PARCEL C(20-PM-23)PARCEL B(20-PM-23)PARCEL A(20-PM-23) 18 19
20 21
22 4
16 15
14 E
87 6
5 131211109
8 7
6 5
4 3
2 1
16151413
12 11
1098
3 2 1 16
15 14
8 9
10 11
12 13
B L O C K4 1 2 3
11 B L O C K
4 1 3 9
BEING A SUBDIVISION OF A PORTION OF LOTS 1 AND 2
OF THE HEWITT COLONY, FILED IN BOOK 2 OF MAPS,
PAGE 35, STANISLAUS COUNTY RECORDS, LYING IN THE
SOUTHEAST QUARTER OF SECTION 16, T. 4 S., R. 9 E.,
MOUNT DIABLO MERIDIAN, IN THE CITY OF CERES,
STANISLAUS COUNTY, CALIFORNIA
CAMBRIDGE ESTATES
PHASE 2
LEGEND
GENERAL NOTES
ABBREVIATIONSREFERENCE DOCUMENTS
RDG
ESTEBAN AVENUE
DESIREE COURT
MORGAN ROAD
ALONDRA DRIVE
EDITH COURT
HACKETT ROAD
SERVICE ROAD
SAN JUAN
ROAD
TASHA WAY
MALIK
AVENUE
BASIS OF BEARINGS
PRELIMINARY - FOR AGENCY REVIEW ITEM 9
17 34 35
36 37
38 39
40 7
6 5
4 18 33
19 32
20 31
21 30
22 29
BLOCK
4121
(41-M-9)
4 3
2 1
11109
4 7
65 4
PARCEL D
(20-PM-23)
PARCEL C
(20-PM-23)
PARCEL B
(20-PM-23)
PARCEL A
(20-PM-23)
18 19
20 21
22 16
15 14
BRIA DRIVE
ESTEBAN AVENUE
EDITH COURT
ALONDRA DRIVE
DESIREE COURT
8 7 6
5 13 12 11 10 9 8 7 6 5 4 3 2 1
16 15 14 13 12 11 10
9 8
3 2
1 16
15 14
8 9
10 11
12 13
B L O C K
4 1 2 3
GURU DRIVE
GURU COURT
HACKETT ROAD
11 BRIA DRIVE
LINE TABLE
LINE DIRECTION LENGTH
CURVE TABLE
CURVE RADIUS LENGTH CHORD DELTA
HACKETT ROAD
MORGAN ROAD
BEING A SUBDIVISION OF A PORTION OF LOTS 1 AND 2
OF THE HEWITT COLONY, FILED IN BOOK 2 OF MAPS,
PAGE 35, STANISLAUS COUNTY RECORDS, LYING IN THE
SOUTHEAST QUARTER OF SECTION 16, T. 4 S., R. 9 E.,
MOUNT DIABLO MERIDIAN IN THE CITY OF CERES
STANISLAUS COUNTY, CALIFORNIA
CAMBRIDGE ESTATES
PHASE 2RDG
MORGAN ROAD
ITEM 9
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 25, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Richard Collins, Chief of Police
[email protected], (209) 538-5725
SUBJECT:
Resolution No. 2022 -36, approving an Enterprise Service Agreement with Vigilant Solutions for the term of one (1) year in conjunction with the purchase of three (3) Mobile License Plate Readers and authorizing the City Manager to execute the Service Agreement.
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt the resolution approving a n Enterprise Service Agreement with Vigilant Solutions for a term of one (1) year in conjunction with the purchase of three (3) Mobile License Plate Readers and authorizing the City Manager to execute the Service Agreement.
I. BACKGROUND:
The Police Department has been looking into the newest technology for License Plate Readers (LPRs). This research has led the department to Vigilant Solutions . Vigilant Solutions ’ state-of- the-art technology in Mobile LPR s has placed them at the forefront of what is available to law enforcement agencies at this time.
II. REASONS FOR RECOMMENDATION:
LPRs capture computer-readable images of license plates. These high -tech devices allow law enforcement agencies to compare plate numbers against those of stolen cars or cars driven by people suspected of being involved in criminal activity. Purchasing three (3 ) LPRs will be an invaluable tool for our Officers, allowing them to readily identify vehicles that are connected with crimes.
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III. FISCAL IMPACTS:
None. The cost to purchase three (3) Mobile LPRs was included in the 2021 -22 FY Budget and approved by Council per Resolution 2021-55. $50,000.00 was budgeted in 26210/050800 for this purchase and the quote from Vigilant for the actual purchase is $49,688.72.
IV. POLICY ALTERNATIVES:
Council could choose to not approve the Enterprise Service Agreement which would result in the Police Department being unable to purchase this budgeted item.
V. STEPS FOLLOWING APPROVAL:
Upon City Council approval the City Manager will execute the Enterprise Service Agreement with Vigilant Solutions.
Approved by:_______________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. Agreement
3. Certificate of Insurance
4. Quote
ITEM 10
RESOLUTION NO. 2022-36
APPROVING AN ENTERPRISE SERVICE AGREEMENT WITH VIGILANT SOLUTIONS FOR THE TERM OF ONE (1) YEAR IN CONJUNCTION WITH THE PURCHASE OF THREE (3) MOBILE LICENSE PLATE READERS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SERVICE AGREEMENT
THE CITY COUNCIL
City of Ceres, California
WHEREAS, the Ceres Police D epartment has conducted research into the best option for Mobile License Plate Readers; and,
WHEREAS, Vigilant Solutions has been chosen by the department as having the best technology available for Mobile License Plate Readers; and,
WHEREAS, the money to purc hase the Mobile License Plate R eaders was budgeted for in the 2021- 22 FY Budget and approved by Council per Resolution 2021- 55,
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ceres does hereby approve an Enterprise Service Agreement with Vigilant Solutions for the term of one (1) year and authorizes the City Manager to execute the contract.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of April 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Member:
_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Annabelle Aguilar, Interim City Clerk
ITEM 10
ITEM 10
ITEM 10
DATE( MM/ DD/ YYYY)
A o®
CERTIFICATE OF LIABILITY INSURANCE
04/ 14/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this , 01-
certificate does not confer rights to the certificate holder in lieu of such endorsement( s). c m
PRODUCER CONTACT 9
Aon Risk Services Central, Inc.
NAME
a
Chicago IL Office A/cNo.Ext), ( 866) 283- 7122 FAX ( 800)(800) 363- 0105 v_ 200 East Randolph E- MAIL I
Chicago IL 60601 USA ADDRESS:
INSURER( S) AFFORDING COVERAGE NAIC k
INSURED INSURER A: Liberty Mutual Fire Ins Co 23035 Motorola Solutions, Inc. INSURERS: Liberty Insurance Corporation 42404 Including vigilant Solutions LLC
500 w. Monroe INSURER C:
Chicago IL 60661 USA
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570092684591 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
INSR ADDL SUBR POLICY EFF POLICY EXP
ITR
TYPE OF INSURANCE INSD WVD POLICY NUMBER
ry7t
R4
VV1 / M/M/ n/
7y
yY LIMITS
A X COMMERCIAL GENERAL LIABILITY T62641005169071 8/ V1/ LU11 07/ ul/ tD EACH OCCURRENCE 1, 000, 000
DAMAGE TO RENTED
CLAIMS- MADE
I
X IOCCUR
PREMISES( Ea occurrence)
250, 000
l
MED EXP( Any one person) 10, 000
PERSONAL B ADV INJURY 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 2, 000, 000 c X
1 POLICY
PRO- 03
LOC PRODUCTS- COMP/ OPAGG 2, 000, 000 N
0)
OTHER 00
A
AUTOMOBILE LIABILITY A52- 641- 005169- 011 07/ 01/ 2021 07/ 01/ 2022 COMBINED SINGLE LIMIT 1, 000, 000
u'
Ea accident)
X ANY AUTO BODILY INJURY( Per person)
0 OWNED
SCHEDULED BODILY INJURY( Per accident) Z
AUTOS ONLY
AUTOS
I!
HIRED AUTOS NON- OWNED PROPERTY DAMAGE CO
ONLY AUTOS ONLY Per accident)
Uk
1=N
UMBRELLA LIAB OCCUR EACH OCCURRENCE C)
EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION
B WORKERS COMPENSATION AND WA764D005169081 07/ 01/ 2021 07/ 01/ 2022 x PER STATUTE I
IOTH
EMPLOYERS' LIABILITY
Y/ N All Other States J
ANY PROPRIETOR/ PARTNER/ EXECJTIVE E L EACH ACCIDENT 1, 000, 000B OFFICER/ MEMBER EXCLUDED?
I
N N/ A wC7641005169091 07/ 01/ 2021 07/ 01/ 2022
Mandatory in NH) WI E L. DISEASE- EA EMPLOYEE 1, 000, 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT 1, 000, 000 Mi
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: vigilant ESA Agreement.
X1
CERTIFICATE HOLDER CANCELLATION 45-4
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
s3
Ceres Police Department AUTHORIZED REPRESENTATIVE r7
2727 3rd St.
Ceres CA 95307 USA 21-- il
EEE
I.
1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016103) The ACORD name and logo are registered marks of ACORD ITEM 10
ITEM 10
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 25, 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:
A Request to table the Public Hearing for City Council consideration of a 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 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 three parcels with a new commercial building proposed for each parcel. • At the March 28 th Council meeting this Public Hearing was continued to the April 25, 2022 , regular Council meeting; subsequently the Applicant and Appellant have requested to table the matter indifinitely.
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council table the item indefinitely as requested by both parties. When or if the matter is presented for Council’s consideration, the public hearing notice requirement will be conducted for the set hearing date.
I. BACKGROUND:
The City of Ceres of Planning Commission approved the project at their meeting on March 2, 2020. The City Council was scheduled to hear this item at their meeting on April 27, 2020. Due to the COVID-19 pandemic staff requested the City Council to place the item on the June 22, 2020 City Council meeting and the City Council concurred. In late May 2020, the applicant’s ITEM 11
representative (GDR Engineering) sent a letter to staff requesting the June 22nd hearing date for this item be continued to the July 27, 2020 City Council meeting. Then on July 16, 2020, another letter was sent requesting that the item be heard at the City Council meeting of January 25, 2021.
On December 1, 2020 a letter was received by the appellant requesting that this item be continued again from the January 25th date to April 26, 2021. O n April 20, 2021, both the appellant and applicant representatives requested a continuance of this item to the November 8, 2021 City Council meeting and the City Council concurred.
By the time when the November 8, 2021 meeting was scheduled, the City Council was operating with four members, in which a tie vote could result when the City Council considers this item. Both the appellant and the applicant agreed to postpone the City Council hearing to a date to be determined until a fifth member was seated, and the fifth council member was selected on December 6, 2021.
On January 10, 2022, the City Council set a new hearing date for the item to be heard on February 14, 2022. During this time, staff worked with representatives from both parties (the appellant and the applicant) to see if their issues associated with the project could be resolved prior to the meeting date. However, at the request of both parties, the City Council continued the item to the March 28, 2022 and the April 25, 2022 City Council meeting dates to allow both parties more time to discuss the issues.
On April 13, 2022, the representatives for both the applicant and the appellant subsequently communicated to staff that both parties desire more time to see if either a resolution can or cannot be reached between the parties prior to the City Council considering the item . As such, both parties have requested an indefinite continuance of the item.
II. REASONS FOR RECOMMENDATION:
The representatives from each party have been meeting to discuss the possibility of a resolution to the issues brought about by both parties. Both parties have requested the item be table indefinitely to allow time to possibly reach a resolution or determine that a resolution cannot be reached.
III. FISCAL IMPACTS:
None.
IV. STEPS FOLLOWING APPROVAL:
If the City Council approves the requested continuance, a new public hearing notice will be required to schedule a future meeting of the item with the City Council.
Approved by:
Alex Terrazas, Interim City Manager
ITEM 11
{CW112974.5}
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 25, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Annabelle Aguilar, CMC, Interim City Clerk
[email protected], (209) 538-5731
Tom Hallinan, City Attorney
SUBJECT:
City Council consideration of options to fill Councilmember District 2 office seat formerly held by Councilmember Linda Ryno RECOMMENDED COUNCIL ACTION:
Consider the options provided to fill the vacant Councilmember District 2 seat and provide staff direction.
I. BACKG ROUND:
In November 2018, Councilmember Linda Ryno (the “C ouncilmember”) was elected to a four (4) year term as Councilmember. The Councilmember’s term expires upon completion of the November 8, 2022 general election. At the April 11, 2022, regular City Council meeting the Councilmember publicly announced her resignation from office, creating a vacancy on the City Council (the “Vacancy”). Government Code section 36512 provides that the City Council can fill the vacancy by appointment or call ing a special election within 60 days from the commencement of the Vacancy. which makes the deadline Friday, June 10, 2022.
Option 1: Appoint Someone to Fill the Vacancy:
Since this vacancy is occurring during the second half of the term and this seat will be on the November 8, 2022, General Municipal Elections ballot, the person appointed to fill the vacancy shall hold office for the unexpired term ending on November 8, 2022. 1 There are no requirements within the statutes that define a specific process on how the City Council may decide to appoint the successor. City Council has the discretion to determine the
1 Gov. Code, § 36512, subd. (b)(2).
ITEM 12
{CW112974.5}
process by which an appointment will be made, such as:
1. Directly appointing someone, or
2. Accepting nominations and appointing someone from that process; or
3. Initiating an application and selection process of the eligible voters within District 2 to consider their application and conduct an interview.
The City Council must appoint a person who is at least eighteen (18) years old, and a resident and registered voter of the City of Ceres (the “ City”).2 It is common in such situations for the City Council to notice the Vacancy and invite applications or consider nominated candidates not elected from the last election conducted. Any interviews conducted and final appointment made must occur at an open regular or special City Council meeting; this is not a permitted closed session discussion or decision. If the City Council wishes to fill the Vacancy by appointment , City staff will prepare t he needed materials.
Proposed Timeline for a Recruitment to Accept Applications
The deadline to appoint someone to fill the vacancy is Friday, June 10, 2022. The proposed timeline and process for the appointment is as follows:
Timeline for O ne (1) Week application filing period
Opens: Wednesday, April 27
, 2022, at 8:00 a.m.
Closes: Tuesday, May 3, 2022, at 5:00 p.m.
City Clerk to invite and schedule applicants for interviews: May 4th Conduct public interviews and appointment: Tuesday, May 9, 2022, regular City Council meeting.
Timeline for Two (2) Week application filing period
Opens: Thursday, April 28, 2022, at 8:00 a.m.
Publish a Public Notice: Wednesday, May 4, 2022
Closes: Thursday, May 12, 2022, at 5:00 p.m.
City Clerk to invite and schedule applicants for interviews: May 13th – May 17th Conduct public interviews and appointment: Tuesday, May 23, 2022, regular City Council meeting.
Option 2: Special Election ( not possible):
If the City Council decides against filing the Vacancy by appointment, Government Code section 36512 provides that the City Council can fill the Vacancy by calling a special election. The City Council should avoid calling a special election to fill the Vacancy. In accordance with Government Code Section 36512, if the City Council calls for a special
2 Gov. Code, § 36502, subd. (a); Elec. Code, § 201.
ITEM 12
{CW112974.5}
election to fill the vacancy, it shall be held on the next regularly established election date pursuant to Elections Code section 1000 not less than 114 days from the call of the special election. As a result, the City can only conduct a special election to fill the Vacancy at the November 8, 2022, General Municipal Election, which is the date the term of this seat is scheduled to expire. As a result, it is not possible to conduct a special election to fill this Vacancy.
Option 3: Leave the City Council S
eat Vacant Because It Is Too Late to Call a
Special Election:
It is not possible to call a special election to fill the Vacancy, and no legal authority exists which discusses what happens if the City Council fails to appoint during this short period.
So, the City Council may choose to keep the seat vacant like other jurisdictions have done under similar short-term circumstances.
II. RE ASONS FOR RECOMMENDATIO N:
In compliance with Government Code Section 36512(b), the City Council is to act by the 60-day deadline of Friday, June 10, 2022.
III. F ISCAL IMPACTS:
Since a special election cannot be conducted within the timeframe as previously explained, there is no cost to consider.
IX. ST EPS FOLLOWING APPROVAL:
If an application process is directed, the City Clerk will prepare for the filing of applications and any announcements to notify District 2 voters of the vacancy.
Approved by: ___________________________________
Alex Terrazas, Interim City Manager
ITEM 12
ITEM 12
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 25, 2022
TO: Mayor and City Council
FROM: Tom Hallinan, Esq., City Attorney
CONTACT: Tom Hallinan, Esq., City Attorney
[email protected]
SUBJECT:
Resolution 2022-37, approving an Employment Agreement with Alex Terrazas for the position of City Manager
RECOMMENDED COUNCIL ACTION:
Staff recommends Council approve the resolution approving an Employment Agreement with Alex Terrazas for the position of City Manager.
I. BACKGROUND:
After a thorough search, the City Council chose Interim City Manager Alex Terrazas to be the next City Manager. The proposed agreement is attached as Exhibit “A” to the Resolution submitted with this Agenda Report.
II. REASONS FOR RECOMMENDATION:
An employment agreement is required for the City Manager and the negotiations have been completed. Under the terms of the attached employment agreement Terrazas annual base salary would be $ 210,000.
III. FISCAL IMPACTS:
The position is included in the current budget.
IV. POLICY ALTERNATIVES
ITEM 13
The Council can approve the Employment Agreement as presented or make such agreed upon modifications, as it may deem appropriate.
V. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
The services provided by Mr. Terrazas will assist the City in accomplishing its goal of enhancing its government operations to provide quality services to meet community needs and assuring that the City is sufficiently staffed and trained.
VI. STEPS FOLLOWING APPROVAL:
Execute the agreement.
__________/s/_______________
Tom Hallinan, City Attorney
Attachments:
1. Resolution
2. Employment Agreement
ITEM 13
RESOLUTION NO. 2022-37
RES
OLUTION APPROVING AN EMPLOYMENT AGREEMENT
WITH ALEX TERRAZAS FOR CITY MANAGER SERVICES
THE
CITY COUNCIL
City of Ceres
WHE
REAS; the City Council conducted a thorough search for a new City Manager after the resignation of Tom Westbrook; and,
WHE
REAS, the City Manager has appointed Interim City Manager Alex Terrazas to the position of City Manager; and,
WHE
REAS, the Employment Agreement has been negotiated with Alex Terrazas, which sets forth the rights, duties and obligations of the parties, a copy of which Agreement is attached hereto as Exhibit “A” and incorporated herein by reference; and WHE
REAS, the City Cou ncil has reviewed the terms and conditions of said Agreement and finds the terms and conditions contained therein are reasonable and in the best interest of the citizens of the City of Ceres.
NO
W THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres approves an Employment Agreement with Alex Terrazas to serve as City Manager.
PAS
SED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of April, by the following vote:
AYES: Cou
ncil Members:
NO
ES: Council Members:
ABSENT
: Council Members:
______
_______________________
Javier Lopez, Mayor
ATTEST:
______
_______________________
Annabelle Aguilar, Interim City Clerk
ITEM 13
ITEM 13
EXHIBIT “A”
1 EMPLOYMENT AGREEMENT
City Manager
This agreement is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “EMPLOYER,” and Alex Terrazas, hereinafter called "EMPLOYEE” sometimes collectively referred to as “the PARTIES.”
WITNESSETH
WHEREAS, it is the desire of the EMPLOYER to provide certain benefits, establish certain conditions of employment and to set working conditions of said EMPLOYEE, which conditions will help to:
1. Secure and retain the services of EMPLOYEE and to provide inducement for EMPLOYEE to remain in employment;
2. Make possible full productivity by assuring EMPLOYEE'S morale and peace of mind with respect to future security;
3. Act as a deterrent against malfeasance or dishonesty for personal gain on the part of the EMPLOYEE;
4. Provide a just means for terminating EMPLOYEE’S services at such time as EMPLOYER may desire to terminate the EMPLOYEE.
WHEREAS, EMPLOYEE has served Interim City Manager since August 23, 2021; and,
WHEREAS, EMPLOYER has offered and EMPLOYEE desires to accept appointment as the City Manager of the City of Ceres and,
WHEREAS, the PARTIES desire to enter into this agreement (hereinafter “Employment Agreement”) to employ EMPLOYEE in the position of City Manager, which will supersede and replace any existing agreement regarding EMPLOYEE’S prior or current employment with EMPLOYER
NOW THEREFORE, in consideration of the mutual covenants contained herein, the EMPLOYER and EMPLOYEE agree as follows:
SECTION I -
EMPLOYMENT
EMPLOYEE is employed to serve as the EMPLOYER’S City Manager. EMPLOYEE shall serve as an "at will employee" at the pleasure of the City Council, who has the power pursuant to local ordinance to appoint and remove EMPLOYEE.
ITEM 13
EXHIBIT “A”
2 SECTION II – DUTIES
A. EMPLOYER agrees to employ Alex Terrazas as City Manager of said EMPLOYER effective March 14, 2022, to perform the functions and duties specified in the ordinances of the City of Ceres, the job description of City Manager, and to perform other legally permissible and proper duties and functions as the EMPLOYER shall from time -to-time assign. In addition, unless otherwise specified in this Employment Agreement, E MPLOYEE shall be bound by all the policies, rules and regulations of EMPLOYER now in force and effect applicable to E MPLOYEE’S position, and by all such other applicable policies, rules and regulations as may be implemented and called to EMPLOYEE’S notice in the future, will faithfully observe and abide by the same. No such policy, rule or regulation shall alter, modify or revoke E MPLOYEE’S status as an at -will employee or any other provision of this Employment Agreement.
B. During the term of this Employment Agreement, EMPLOYEE shall devote his professional services exclusively to the performance of his duties as City Manager and shall not accept other employment with any other firm or agency without the written approval of the EMPLOYER.
C. It is one of the duties of the City Manager of the City of Ceres to implement, support and articulate the policies and objectives of the Ceres City Council and to serve as the primary administrative official of the City. As such, EMPLOYEE is expected to maintain a reasonably high level of community involvement, and should become an active participant in various community activities including those conducted or sponsored by the City and its departments and those conducted or sponsored by various community service organizations. EMPLOYER shall reimburse EMPLOYEE for any costs or expenses necessarily incurred as a result of the discharge of his duties, including attendance at community events and activities.
SECTION III –
TERM
A. The term of this Employment Agreement shall be for an indeterminate period of time,but is subject to termination by EMPLOYER as provided herein.
EMPLOYEE acknowledges that he is employed to an “at will” position and serves at the pleasure of the City Council subject only to the restrictions imposed by federal state or local law or ordinance and the terms and conditions of this Employment Agreement.
B. Nothing in this Employment Agreement shall prevent, limit, or otherwise interfere with the right of the EMPLOYER to terminate the services of EMPLOYEE at any time, subject only to the provisions set forth in Section VI of this agreement.
C. Nothing in thi s Employment Agreement shall prevent, limit, or otherwise interfere with the right of the EMPLOYEE to resign at any time from his ITEM 13
EXHIBIT “A”
3 position with EMPLOYER, subject only to the provision set forth in Section VI of this agreement
SECTION IV –
HOURS OF WORK
It is recognized that the EMPLOYEE’S position is an executive management position which often requires more than a conventional forty-hour week to provide the desired level of professional service. It is further recognized that to properly fulfill the duti es and responsibilities of the position, EMPLOYEE will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, while EMPLOYEE shall spend sufficient hours on site to perform the duties of the position, EMPLOYEE has discretion over the work schedule and work location and will not be required to maintain a strict forty (40) hour -per-week on- site presence at City Hall, and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate.
SECTION V- SALARY
A. EMPLOYER agrees to pay EMPLOYEE for his services rendered, pursuant hereto, the annual gross amount of Two-hundred and ten thousand dollars ($210,000), (hereinafter EMPLOYEE’S “Annual Base Salary”), which shall be payable pro- rata at the same time as other similarly situated City employees are paid.
EMPLOYER further agrees to pay EMPLOYEE additional compensation in the amount equal to two percent (2%) of the EMPLOYEE’S annual base salary in equal installments at the same time other employees are paid, commencing on the date of employment. These amounts shall be placed into a qualifying deferred compensation account as directed by EMPLOYEE. Upon EMPLOYEE’S separation from employment, EMPLOYER agrees to transfer ownership to EMPLOYEE, or a plan maintained by EMPLOYEE’S succeeding employer, or to make other such transfer or disbursement as EMPLOYEE desires , as may be consistent with the terms of the deferred compensation plan.
B. EMPLOYER agrees to annually consider increases in EMPLOYEE’S Annual Base Salary and/or other benefits of EMPLOYEE in such amounts and to such extent as the City Council in its sole discretion , after consultation with EMPLOYEE , may determine is justified based upon an annual performance review of EMPLOYEE.
Increases may include additional compensation paid to EMPLOYEE’S deferred compensation account. Consideration of increases in Annual Base S alary and/or benefits will be made at the same time as similar consideration is given to other similarly situated employees.
SECTION VI
- TERMINATION AND SEVERANCE PAY
A. In the event the EMPLOYEE is terminated by the EMPLOYER during such time that EMPLOYEE is willing and able to perform the duties under this ITEM 13
EXHIBIT “A”
4 Employment Agreement, then in that event, EMPLOYER agrees to pay EMPLOYEE severance in the form of a lump sum cash p ayment equal to six (6) months of Employee’s Annual Base Salary, calculated at the rate of pay in effect upon termination, less applicable statutory deductions . EMPLOYEE shall also be paid for all accrued vacation leave, to date of termination subject to the limitations imposed by this Employment Agreement regarding the cashing out of such benefits.
A. Should EMPLOYEE be terminated by EMPLOYER for the commission of any illegal act involving illegal personal gain or moral turpitude, then, in that event, EMPLOYER shall have no obligation to pay the severance amounts designated in this Section VI.
B. In the event the EMPLOYER, at any time during the term of this Employment Agreement, reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than an applicable across-the-board reduction for all employees of EMPLOYER, or in the event EMPLOYER refuses, following written notice, to comply with any other provision benefiting EMPLOYEE herein, or the EMPLOYEE resigns as a result of notification or other indication, whether formal or informal, by the Council that the Council intends to terminate his employment for reasons other than those set forth in Section VI (B), then, in that event, EMPLOYEE may, at his option, be deemed to be “terminated” at the date of such reduction, refusal to comply, or the suggestion that he resign, and EMPLOYEE shall be eligible for severance pay as set forth in Section VI (A).
C. In the event EMPLOYEE voluntarily resigns his position with EMPLOYER, then EMPLOYEE shall give EMPLOYER 60 days written notice, in advance, unless the PARTIES otherwise agree. In such event EMPLOYEE shall not be eligible for a lump sum severance pay; however, EMPLOYER shall pay EMPLOYEE for accrued benefits in accordance with the terms of this Employment Agreement.
SECTION VII – RESIDENCY REQUIREMENT
Although the EMPLOYER encourages EMPLOYEE to maintain his residence within the jurisdictional boundaries of the City of Ceres within a reasonable time of his appointment in order to promote community involvement by the City Manager, residency within the City is not a requirement of this Employment Agreement.
SECTION VIII
– PERFORMANCE EVALUATION
A. EMPLOYER shall annually review and evaluate the performance of the EMPLOYEE. Said evaluation shall be conducted in closed personnel sessions and shall be completed at or near the anniversary date of the effective date of this agreement.
ITEM 13
EXHIBIT “A”
5 B. It is mutually agreed that the adopted operating budget for each fiscal year and any team building/goal setting meetings held by the City generally contain the goals and objectives developed by the EMPLOYER.
C. The review and evaluation will be in accordance with specific criteria developed by the EMPLOYER with consultation by the EMPLOYEE, which criteria may be modified or adjusted from time-to-time, as the EMPLOYER may deem appropriate after consultation with the EMPLOYEE.
D. In effecting the provisions of this section, the EMPLOYER and EMPLOYEE mutually agree to abide by the provisions of applicable law.
E. The result of the performance evaluation shall be memorialized in writing with a copy provided to EMPLOYEE and all Council members, unless waived by the parties.
SECTION IX
– FRINGE BENEFITS AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT
A. T erm Life Insuranc e
1. EMPLOYEE shall receive an EMPLOYER paid term life insurance policy having a face value of $150,000.
2. The EMPLOYER reserves the right to provide this life insurance through a self- insured plan or under a group insurance policy or policies issued by an insurance company or insurance companies selected by the EMPLOYER.
B. H
ealth and Welfare Plan
1. EMPLOYEE acknowledges that EMPLOYEE is eligible for coverage under EMPLOYER’S group medical, dental and vision insurance plans under the same terms and conditions as other similarly situated City of Ceres employees.
2. In order to opt out, the EMPLOYEE must provide the following:
a. P roof that the EMPLOYEE and all individuals for whom EMPLOYEE intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and
b. EMPLOYEE must sign an attestation that EMPLOYEE and his/her family have or will have such minimum essential coverage for the opt ITEM 13
EXHIBIT “A”
6 out period. EMPLOYEE must provide the attestation every plan year at open enrollment.
3. In recognition of EMPLOYEE’s waiving coverage for himself and his dependents under EMPLOYER’S medical plan, EMPLOYER agrees to pay EMPLOYEE an amount equal to five and one -half percent (5 ½ %) of EMPLOYEE’S Annual Base Salary. Such payments shall be deposited into a qualifying deferred compensation account as directed by EMPLOYEE and made at regular intervals coinciding with payment of EMPLOYEE’S Annual Base Salary. Upon EMPLOYEE’S separation from employment, EMPLOYER agrees to transfer ownership to EMPLOYEE, or a plan maintained by EMPLOYEE’S succeeding employer, or to make other such transfer or disbursement as EMPLOYEE desires, as may be consistent with the terms of the deferred compensation plan.
4. Should EMPLOYEE elect to become covered under EMPLOYER’S medical plans at anytime during the term of this Employment Agreement, the payments set forth in Section IX (B) (3) shall terminate. EMPLOYEE’S coverage may be commenced in accordance with the terms of the plan and under the same terms and conditions as provided to other similarly situated City employees.
5. Benefits shall stop at the end of the month when City employment is ended for any reason. All coverage, except as required to be offered or extended under federal and state law, shall end.
There is no responsibility on the part of the City to pay, either in money or premiums, any remaining City or EMPLOYEE obligations beyond the month of termination of EMPLOYEE's employment.
P ayment for medical waivers will be paid only through the end of the month in which EMPLOYEE's employment terminated. Such payment will be included in EMPLOYEE's final pay received from the City.
Any outstanding premiums required to continue benefits through the end of the month of EMPLOYEE's termination of City employment will be withheld from the final pay received from the City.
The City retains the discretion to select the City plan(s) each year. In the event the City makes changes to the plan selection, EMPLOYEE will receive advance notice and opportunity to discuss concerns regarding the changes.
C.
Sick Leave & Sick Leave Conversion
1. Sick leave accumulation for EMPLOYEE shall be one day (8 hours) per month for 12 days per year (3.692 hours earned per pay period). Sick leave accumulation is unlimited.
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EXHIBIT “A”
7 2. EMPLOYEE shall be entitled to convert up to forty (40) hours of unused sick leave to pay per calendar year.
3. Accumulated sick leave shall be paid to EMPLOYEE at 50% of the accumulated balance upon retirement from City service at the EMPLOYEE’S current base hourly rate at time of retirement.
a. For the purpose of this section, the term “retirement” is defined, understood and intended to mean, EMPLOYEE’S separation from employment with the City at a time when the EMPLOYEE qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by EMPLOYEE for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of EMPLOYEE to commence receipt of current benefits from the retirement system. Discontinuance of paid work for the City under any circumstances other than defined herein, or election by EMPLOYEE for deferral of retirement payments, are not considered as “retirement” for eligibility to receive payment for a portion of any unused sick leave benefit as stated herein.
b. The City agrees to implement upon retirement a retiree health savings plan administered by a provider selected by the City. EMPLOYEE will contribute upon retirement 100% of allowable Sick Leave Conversion and or Cash Out to a Retiree Health Savings account.
D.
Vacation & Vacation Conversion
1. In recognition of Employee’s years of experience in city management, Employee shall accrue vacation at 7.69 hours per pay period.
2. Maximum vacation accumulation shall be 520 hours. If EMPLOYEE reaches the 520 hours maximum vacation accumulation he shall not accrue additional vacation hours. Accrual of vacation hours shall resume once the balance is reduced through time off.
3. Pay-out of accumulated vacation hours at separation of service shall be limited to 520 hours.
4. In accordance with City policy, prior to December 31st of each calendar year, EMPLOYEE may elect to cash out in the subsequent calendar year up to 60 hours of vacation time which EMPLOYEE will accrue during that calendar year. Payment will be at EMPLOYEE’S hourly rate of pay at the time the vacation is cashed out (1:1 ratio).
E.
Conversion of Leave to Deferred Compensation Account
1. EMPLOYEE shall be given the opportunity to convert sixty (60) hours per ITEM 13
EXHIBIT “A”
8 fiscal year of a combination of sick and/or vacation leave to EMPLOYEE’S individual deferred compensation account.
F. M anagement Leave
1. EMPLOYEE is declared as exempt under Fair Labor Standards Act executive exemption guidelines.
2. EMPLOYEE shall receive fifteen (15) management leave days (120 hours of leave) per fiscal year. Management leave must be used during the fiscal year in which it is earned and is not accumulative. Carryover of unused management leave days into the subsequent fiscal year may be allowed only upon prior written approval of the City Council. The allocation of fifteen (15) management leave days shall begin on July 1, 2022.
3. EMPLOYEE shall receive paid days off during all City Holiday closures, including the closures negotiated as part of the Miscellaneous MOU.
G. B
ereavement Leave
1. EMPLOYEE shall be entitled to leave with pay for a maximum of five (5) scheduled workdays in the event of the death of the employee’s spouse, or children, including stepchildren.
2. EMPLOYEE shall be entitled to leave with pay for a maximum of three (3) scheduled workdays, in the event of the death of the employee’s parents, siblings or grandchildren. The definition of parent and siblings as used herein shall include stepparent or sibling, foster parent as well as natural parent of the employee.
3. EMPLOYEE shall be entitled to leave with pay for a maximum of one (1) scheduled workday in the event of the death of an employee’s brother or sister by marriage or domestic partnership, or parents by marriage or domestic partnership, and grandparents of employee or by marriage or domestic partnership.
4. Additional bereavement time may be granted but paid from the EMPLOYEE’S accrued vacation or management leave time upon request from the EMPLOYEE.
5. The EMPLOYER reserves the right to request proof of the death of the deceased and the employee’s relationship to the deceased.
H. R
etirement System and Contribution
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EXHIBIT “A”
9 1. The EMPLOYER shall provide EMPLOYEE enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.14 commonly known as 2% at 60.
2. The EMPLOYEE shall pay 100% of the EMPLOYEE’S contribution into the 1937 Act Stanislaus County Employee’s Retirement System. Said contribution shall be vested in the employee’s name as permitted under the rules and regulations of the Act. To offset the Class ic member’s full payment of the employee retirement contribution, EMPLOYEE shall be paid an amount equal to 6% of EMPLOYEE’S Annual Base Salary.
I. A utomobile Allowance
EMPLOYEE shall receive a $300.00 car allowance in lieu of using a city car to drive to and from work. EMPLOYEE may use a city car as may be available to perform city business.
J. Cell Phone
Employee shall be provided a City phone to conduct City business.
K.
Professional Development
1. EMPLOYER recognizes that it is in the best interest of the City and the EMPLOYEE that EMPLOYEE enrich his professional development and represent the interests of the City by participating in the various national, state, regional and local associations and organizations relevant to his profession and the interests of the City. The EMPLOYER therefore agrees, subject to Council allocating necessary funding as part of the City’s annual budget, to pay for membership in various associations and organizations (i.e. ICMA), attendance at various conferences (i.e. League of California Cities) and functions . Such activities will be considered part of the EMPLOYEE’S normal work activities.
2. As an incentive for furthering individual professional and managerial growth by EMPLOYEE, EMPLOYER will annually budget $900.00 for EMPLOYEE in the interest of promoting and supporting EMPLOYEE’S professional development. Independent of, supplemental to, and not to be used as a substitution for or in conjunction with other budgeted City funds for training or conferences, this benefit may be used to assist in the payment of expenses for EMPLOYEE to attend a national or international professional conference associated with or related to the EMPLOYEE’S profession and responsibilities with this City, enrollment in pertinent management training courses, enrollment in academic/educational classes or curriculum relative to City employment, and/or payment for applicable tuition, books, or reference resources.
Acquisition of computer hardware, compute r software, or other technological equipment may be allowed, provided it is for EMPLOYEE’S individual use and benefit in the course of performing their City-employment responsibilities and the purchase(s) remain the property of the City.
L.
Other Voluntar y Benefits
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EXHIBIT “A”
10 Through a Section 125 program and effective with the plan year beginning January 1, 2017, the City shall provide EMPLOYEE a $1,200 annual allowance for payment of pretax life/AD&D, long- term disability or other supplemental insurance premiums, and contributions to Flexible Spending Accounts (daycare and unreimbursed medical expenses) or Health Savings Accounts (HSA).
The selection of these benefits is voluntary on the part of the EMPLOYEE.
The allowance shall be provided on a semi -monthly basis —$50 over 24 pay periods.
The City shall continue a Section 125 program for pre -tax deductions for the EMPLOYEE share of life/AD&D, long -term disability or other supplemental insurance premiums, and for Flexible Spending Accounts (daycare and unreimbursed Medical expenses) or Health Savings Accounts (HSA).
The City retains the discretion to select the voluntary benefit plans offered to EMPLOYEE. In the event the City makes changes to the plan selection, EMPLOYEE will receive advance notice and opportunity to discuss concerns regarding the changes.
M. E
ducational Incentive
In order to promote highly trained and skilled professionals, the City is willing to provide education incentive to those individuals who demonstrate their improved education level. Education must be from an accredited college. City Manager with a Master’s degree shall receive an additional pay incentive of twelve percent (12%).
SECTION X – I
NDEMNIFICATION
EMPLOYER shall defend, hold harmless, and indemnify EMPLOYEE against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of EMPLOYEE’S duties as City Manager. EMPLOYER shall prevail or compromise and settle any such claim or suit and pay the amount of any settlement rendered thereon. Said indemnification shall extend beyond termination or separation of employment, and the otherwise expiration of this Employment Agreement, to provide full and complete protection to EMPLOYEE, by the City of Ceres, as described herein, for any acts undertaken or committed in EMPLOYEE’S capacity as City Manager, regardless of whether the notice or filing of a lawsuit for such tort, claim, demand or other legal action occurs during or following EMPLOYEE’S employment with EMPLOYER.
SECTION XI –
BONDING
EMPLOYER shall bear the full cost of any fidelity or other bonds required of the EMPLOYEE under any law or ordinance.
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EXHIBIT “A”
11 SECTION XII – NOTICES
Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, first class postage, addressed as follows or to such other address as may be subsequently furnished by either party in writing:
EM
PLOYER: Ceres City Council
2720 Second Street
Ceres, California 95307
EM
PLOYEE: Alex Terrazas
Los Banos, California 953
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.
SECTION XIII -
GENERAL PROVISIONS
1. This Employment Agreement constitutes the final, complete, and exclusive statement of the agreement between the PARTIES relating to EMPLOYEE’S employment and supersedes all other prior or contemporaneous oral or written understandings and agreements. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.
2. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of EMPLOYEE.
3. This Employment A greement shall become effective immediately upon the adoption of a resolution authorizing the Mayor to execute this agreement.
4. If any provision, or any portion thereof, contained in this Employment Agreement is held unconstitutional, invalid or unenforceable, the remainder, or any portion thereof, shall be deemed severable and shall not be affected, but shall remain in full force and effect.
5. This Employment Agreement may be modified in writing from time to time, by resolution of the City Council. Changes will be considered at least annually.
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EXHIBIT “A”
12 Dated: April 25, 2022 Dated: April 25, 2022
CITY OF CERES, EMPLOYER
by: _____________________________
Javier Lopez, Mayor
EMPLOYEE
by: __________________________
Alex Terrazas
ATTEST:
__________________________________
Annabelle H. Aguilar, Interim City Clerk
APPROVED AS TO FORM:
__________________________________
Tom Hallinan City Attorney
Reso. No. 2022-37; 4/25/2022
ITEM 13
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: April 25, 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. 2022-38, Ratifying the Appointment of Kevin Waugh to the Position of Director of Engineering
RECOMMENDED COUNCIL ACTION:
Staff recommends that the City Council adopt the resolution ratifying the appointment of Kevin Waugh to the position of Director of Engineering and approving the employment agreement.
I. BACKGROUND:
The Director of Engineering position has been vacant since February 20, 2019. The recruitment process to fill the position has been ongoing for several months. Mr. Waugh recently applied for the position and was interviewed by Human Resources staff and the Interim City Manager. Mr.
Waugh also met with Engineering Department staff and has been offered the position pending ratification of the appointment and approval of the employment agreement by the City Council.
II. REASONS FOR RECOMMENDATION:
Mr. Waugh comes to the City with extensive experience in capital project management and experience in both the private and public sectors. Mr. Waugh has managed significant School District capital projects and has experience serving as a Capital Project Manager for a California County.
Mr. Waugh has a Bachelor of Science Degree in Civil Engineering from CSU Chico, a Masters Degree in Civil Engineering from University of Idaho, an MBA from the University of Hawaii and a JD from Salmon P. Chase College of Law.
Based on Mr. Waugh’s professional work experience and educational background staff is recommending his appointment as Director of Engineering for the City of Ceres.
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The negotiated employment agreement is included with this staff report as Attachment 2. Staff recommends Council’s ratification of the appointment pursuant to Municipal Code Section
2.03.040. The salary range is set at Range J89, Step B ($12,112 per month).
III. FISCAL IMPACTS:
Funding for this position is included in the current budget.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
The services provided by Mr. Waugh will assist the City in accomplishing its goal of enhancing its government operations to provide quality services to meet community needs.
V. PUBLIC PARTICIPATION:
Agenda posting and the public will have the opportunity to comment on this item at the City Council meeting.
VI. STEPS FOLLOWING APPROVAL:
The City Manager will execute the agreement.
Approved by:______________________________
Alex Terrazas, Interim City Manager
Attachments:
1. Resolution
2. Employment Agreement
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RESOLUTION NO. 2022-38
RESOLUTION RATIFYING THE APPOINTMENT OF KEVIN WAUGH TO
THE POSITION OF DIRECTOR OF ENGINEERING AND APPROVING
AN EMPLOYMENT AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS; as provided for in Section 2.03.040, of the Ceres Municipal Code, the City Manager has the authority to appoint all Department Heads subject to ratification by the City Council; and,
WHEREAS, the City Manager has appointed Kevin Waugh to the position of Director of Engineering; and,
WHEREAS, the Employment Agreement has been negotiated with Kevin Waugh, which sets forth the rights, duties and obligations of the parties, a copy of which Agreement is attached hereto as Exhibit “A” and incorporated herein by reference; and
WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds the terms and conditions contained therein are reasonable and in the best interest of the citizens of the City of Ceres.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres ratifies the appointment of Kevin Waugh to the position of Director of Engineering and approves+ the Employment Agreement and directs the City Manager to execute the Agreement on behalf of the City.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25
th day of April, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Annabelle Aguilar, Interim City Clerk
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1 EMPLOYMENT AGREEMENT
FOR THE DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER
This agreement is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “EMPLOYER,” and Kevin Waugh, hereinafter called "EMPLOYEE”.
WITNESSETH
WHEREAS, it is the desire of the EMPLOYER to provide certain benefits, establish certain conditions of employment and to set working conditions of said EMPLOYEE, which conditions will help to:
1. Secure and retain the services of EMPLOYEE and to provide inducement for EMPLOYEE to remain in employment;
2. Make possible full productivity by assuring EMPLOYEE'S morale and peace of mind with respect to future security;
3. Act as a deterrent against malfeas ance or dishonesty for personal gain on the part of the EMPLOYEE;
4. Provide a just means for terminating EMPLOYEE’S services at such time as EMPLOYER may desire to terminate the EMPLOYEE.
WHEREAS, EMPLOYEE has agreed to accept employment as the Director of Engineering Services / City Engineering for the City of Ceres.
5. NOW THEREFORE, in consideration of the mutual covenants contained herein, the EMPLOYER and EMPLOYEE agree as follows:
SECTION I - EMPLOYMENT
EMPLOYEE is employed to serve as the EMPLOYER’S Director of Engineering Services/City Engineer. EMPLOYEE shall serve as an "at will employee" at the pleasure of the City Manager, who has the power pursuant to local ordinance to appoint, remove, promote, and demote EMPLOYEE, subject to ratification by the City Council.
SECTION II - DUTIES
EMPLOYEE shall perform those duties as set forth in job description attached by reference hereto, with respect to his position of Director of Engineering Services / City Engineer.
1. Standard of Care: The standard of care for all professional engineering and related services performed or furnished by EMPLOYEE under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under
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2 similar circumstances at the same time and in the same locality. EMPLOYEE makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by EMPLOYEE.
2. Compliance with Laws and Regulations, and Policies and Procedures:
EMPLOYEE shall not be required to sign any document, no matter by whom requested, that would result in the EMPLOYEE having to certify, guarantee, or warrant the existence of conditions whose existence the EMPLOYEE cannot ascertain. City agrees not to make resolution of any dispute with the EMPLOYEE or payment of any amount due to the EMPLOYEE in any way contingent upon the EMPLOYEE signing any such document.
SECTION III – HOURS OF WORK
It is recognized that the EMPLOYEE’S position is an executive management position which often requires more than a conventional forty-hour week to provide the desired level of professional service. It is further recognized that to properly fulfill the duties and responsibilities of the position, EMPLOYEE will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, while EMPLOYEE shall spend sufficient hours on site to perform the duties of the position, EMPLOYEE ha s discretion over the work schedule and work location and will not be required to maintain a strict forty (40) hour-per-week on-site presence at City Hall and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate.
SECTION IV- SALARY
The salary for the EMPLOYEE shall be set at Range J89, Step B ($12,112 per month).
EMPLOYER agrees that EMPLOYEE’S compensation for subsequent fiscal years will be reconsidered as part of the budgetary process for those Fiscal Years. Step increases to be considered consistent with City Personnel Rules on an annual basis.
SECTION V - TERMINATION AND SEVERANCE PAY
In the event the EMPLOYEE is terminated by the EMPLOYER during such time that EMPLOYEE is willing and able to perform the duties under this agreement, then in that event, EMPLOYER agrees to pay EMPLOYEE a lump sum cash payment equal to three (3) months aggregate salary, increasing by two (2) weeks per year of employee service each calendar year. The total severance pay will not exceed six (6) months aggregate salary in total. However, in the event EMPLOYEE is terminated "for cause" because of the commission of any illegal act involving personal gain or moral turpitude, or any other act of grave misconduct, then, in that event, EMPLOYER shall have no obligation to pay the severance sums designated in this paragraph.
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3 For the purpose of this SECTION V the term “aggregate salary” is defined as the EMPLOYEE’S regular gross monthly salary on the date of termination less all mandatory withholdings for State and Federal income tax, Social Security, and State Disability.
SECTION VI – FRINGE BENEFITS AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT
1. Term Life Insurance
1. EMPLOYEE shall receive an EMPLOYER paid term life insurance policy having a face policy value of $50,000.
2. The EMPLOYER reserves the right to provide this life insurance through a self- insured plan or under a group insurance policy or policies issued by an insurance company or insurance companies selected by the EMPLOYER.
B. Health and Welfare Plan
1. EMPLOYEE must enroll in an available City medical plan unless he opts out.
In order to opt out, the EMPLOYEE must provide the following:
a. Proof that the EMPLOYEE and all individuals for whom EMPLOYEE intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and
b. EMPLOYEE must sign an attestation that EMPLOYEE and his/her tax family have or will have such minimum essential coverage for the opt out period. EMPLOYEE must provide the attestation every plan year at open enrollment.
2. The City shall contribute the following amounts toward the combined premiums for medical, dental and vision on a semi -monthly basis (24 pay periods). The City’s contribution shall not exceed the actual premiums or the contribution amounts listed below, whichever is less. EMPLOYEE shall be responsible for the balance of premiums, if any.
a. $355 semi -monthly ($710 monthly) for EMPLOYEE enrolled in EMPLOYEE-Only medical coverage.
b. $735 semi -monthly ($1,470 monthly) for EMPLOYEE enrolled in EMPLOYEE + 1 medical coverage.
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4 c. $1,045 semi-monthly ($2,090 monthly) for EMPLOYEE enrolled in EMPLOYEE + Family (more than one dependent) medical coverage.
3. The City shall pay one-hundred percent (100%) of the dental and vision premiums for EMPLOYEE who waives medical coverage.
4. EMPLOYEE who waives medical coverage shall receive $100 semi -monthly ($200 monthly) taxable compensation.
5. The City shall continue a Section 125 program for pre -tax deductions for the EMPLOYEE share of medical, dental and vision insurance premiums.
6. Benefits shall stop at the end of the month when City employment is ended for any reason. All coverage, except as required to be offered or extended under federal and state law, shall end.
There is no responsibility on the part of the City to pay, either in money or premiums, any remaining City or EMPLOYEE obligations beyond the month of termination of EMPLOYEE's employment.
Cash payment for medical waivers will be paid only through the end of the month in which EMPLOYEE's employment terminated. Such payment will be included in EMPLOYEE's final pay received from the City.
Any outstanding premiums required to continue benefits through the end of the month of EMPLOYEE's termination of City employment will be withheld from the final pay received from the City.
The City retains the discretion to select the City plan(s) each year. In the event the City makes changes to the plan selection, EMPLOYEE will receive advance notice and opportunity to discuss concerns regarding the changes.
C. Sick Leave & Sick Leave Conversion
1. Sick leave accumulation for EMPLOYEE shall be one day (8 hours) per month for 12 days per year (3.692 hours earned per pay period). Sick leave accumulation is unlimited.
2. If EMPLOYEE has not taken more than 36 hours of sick leave during the twelve (12) month period beginning the first pay period in January and ending the last pay period in December of each year employee shall be entitled to convert up to 24 hours of unused sick leave to pay or leave with pay (1:1 ratio), providing that at no time shall EMPLOYEE’S sick leave balance fall below 192 hours.
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5 3. Accumulated sick leave shall be paid to EMPLOYEE at 50% of the accumulated balance upon retirement from City service at the EMPLOYEE’S current base hourly rate at time of retirement.
a. For the purpose of this section, the term “retirement” is defined, understood and intended to mean, EMPLOYEE’S separation from employment with the City at a time when the EMPLOYEE qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by EMPLOYEE for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of EMPLOYEE to commence receipt of current benefits from the retirement system. Discontinuance of paid work for the City under any circumstances other than defined herein, or election by EMPLOYEE for deferral of retirement payments, are not considered as “retirement” for eligibility to receive payment for a portion of any unused sick leave benefit as stated herein.
b. The City agrees to implement upon retirement a retiree health savings plan administered by a provider selected by the City. EMPLOYEE will contribute upon retirement 100% of allowable Sick Leave Conversion and or Cash Out to a Retiree Health Savings account.
D. Vacation & Vacation Conversion
1. Vacation shall be accrued as follows:
Years of
Continuous Service
Hours Earned Per Pay
Period
Annual
Accumulation
0-2 3.08 hours 10 days
3-10 4.62 hours 15 days
11-19 6.15 hours 20 days
20 Plus 1 additional day per year for
each year over 20 to a
maximum of 25 days per year
2. Maximum vacation accumulation shall be 480 hours. If EMPLOYEE reaches the 480 hours maximum vacation accumulation employee shall not accrue additional vacation hours. Accrual of vacation hours shall resume once the balance is reduced through time off.
3. Pay-out of accumulated vacation hours at separation of service shall be limited to 480 hours.
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6 4. EMPLOYEE may convert per fiscal year up to forty (40) hours of vacation leave to be accrued in the coming fiscal year into cash, so long as the employee irrevocably elects to convert the amount of vacation leave at least twelve (12) months prior to the conversion. Payment will be at EMPLOYEE’S current hourly rate of pay (1:1 ratio).
E. Conversion of Leave to Deferred Compensation Account
1. EMPLOYEE shall be given the opportunity to convert forty (40) hours per fiscal year of a combination of sick and/or vacation leave to EMPLOYEE’S individual deferred compensation account.
F. Management Leave
1. EMPLOYEE is declared as exempt under Fair Labor Standards Act executive exemption guidelines.
2. EMPLOYEE shall receive fifteen (15) management leave days (120) hours of leave) per fiscal year, prorated from the beginning of the current fiscal year to the date that employment with City begins. Management leave must be used during the fiscal year in which it is earned and is not accumulative. Carryover of unused management leave days into the subsequent fiscal year may be allowed only upon prior written approval of the City Manager.
G. Holidays
1. EMPLOYEE shall receive such paid City holidays as are granted to the Mid Managers’ Bargaining Group.
H. Bereavement Leave
1. EMPLOYEE shall be entitled to leave with pay for a maximum of five (5) scheduled workdays in the event of the death of the employee’s spouse, registered domestic partner or children, including stepchildren.
2. EMPLOYEE shall be entitled to leave with pay for a maximum of three (3) scheduled workdays, in the event of the death of the employee’s parents, siblings or grandchildren. The definition of parent and siblings as used herein shall include stepparent or sibling, foster parent as well as natural parent of the employee.
3. EMPLOYEE shall be entitled to leave with pay for a maximum of one (1) scheduled workday in the event of the death of an employee’s brother or sister by marriage or domestic partnership, parents by marriage or domestic ITEM 14
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7 partnership, and grandparents of employee or by marriage or domestic partnership.
4. Additional bereavement time may be granted but paid from the EMPLOYEE’S accrued vacation or management leave time upon request from the EMPLOYEE and approval by the City Manager.
5. The EMPLOYER reserves the right to request proof of the death of the deceased and the employee’s relationship to the deceased.
I. Retirement System and Contribution
1. The EMPLOYER shall provide EMPLOYEE enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31664.1 commonly known as 2% at 62.
2. The EMPLOYEE shall pay 100% of the EMPLOYEE’S contribution into the 1937 Act Stanislaus County EMPLOYEE’s Retirement System. Said contribution shall be vested in the employee’s name as permitted under the rules and regulations of the Act.
J. Professional Development
1. As an incentive for furthering individual professional and managerial growth by EMPLOYEE, EMPLOYER will annually budget $900 for EMPLOYEE in the interest of promoting and supporting EMPLOYEE’S professional development.
Independent of, supplemental to, and not to be used as a substitution for or in conjunction with other budgeted City funds for training or conferences, this benefit may be used to assist in the payment of expenses for EMPLOYEE to attend a national or international professional conference associated with or related to the EMPLOYEE’S profession and responsibilities with this City, enrollment in pertinent management training courses, enrollment in academic/educational classes or curriculum relative to City employment, and/or payment for applicable tuition, books, or reference resources. Acquisition of computer hardware, computer software, or other technological equipment may be allowed, provided it is for EMPLOYEE’S individual use and benefit in the course of performing their City -employment responsibilities and the purchase(s) remain the property of the City.
2. EMPLOYEE shall obtain the City Manager’s written approval of the intended use of said professional development funds prior to each encumbrance or expenditure. The annual allocation of funds for this purpose may be carried over into one subsequent fiscal year. No portion of these monies shall be provided to the EMPLOYEE for cash purposes or as additional compensation.
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8 K. Automobile Allowance
A vehicle will be provided to EMPLOYEE in lieu of a car allowance. Make and model will be approved by the City Manager. Vehicle is to be utilized solely for work related activities, except EMPLOYEE will be permitted to use the vehicle as transport to and from work and EMPLOYEE’S primary place of residence. It is not permissible to use vehicle for personal use. Use is subject to any applicable surcharges in accordance to any and all IRS vehicle use laws.
L. Other Voluntary Benefits
Through a Section 125 program and effective with the plan year beginning January 1, 2017, the City shall provide EMPLOYEE a $1,200 annual allowance for payment of pretax supplemental insurance premiums, and contributions to Flexible Spending Accounts (daycare and unreimbursed medical expenses) or Health Savings Accounts (HSA).
The selection of these benefits is voluntary on the part of the EMPLOYEE.
The allowance shall be provided on a semi-monthly basis—$50 over 24 pay periods.
The City shall continue a Section 125 program for pre-tax deductions for the EMPLOYEE share of other supplemental insurance premiums, and for Flexible Spending Accounts (daycare and unreimbursed Medical expenses) or Health Savings Accounts (HSA).
The City retains the discretion to select the voluntary benefit plans offered to EMPLOYEE. In the event the City makes changes to the plan selection, EMPLOYEE will receive advance notice and opportunity to discuss concerns regarding the changes.
M. Educational Incentive
In order to promote highly trained and skilled professionals, the City is willing to provide education incentive to those individuals who demonstrate their improved education level. Education must be from an accredited college. Director of Engineering Services/City Engineer with a Master’s degree shall receive an additional pay incentive of twelve percent (12%).
N. Indemnification
Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Government Code section 810 et seq.] the City will indemnify, timely defend, and hold EMPLOYEE harmless from and against any tort, action, professional liability claim or demand, suit, monetary judgment or other legal or administrative proceeding, whether groundless or otherwise, and any liability, ITEM 14
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9 injury, loss or other damages, arising out of an alleged act or omission, or resulting from the exercise of discretion, by EMPLOYEE in connection with the performance of EMPLOYEE's functions, duties, and services under this Agreement, provided it complies with the Standard of Care set forth in Section II of this agreement.
1. The phrase, “any liability, injury, loss or other damages”, includes but is not limited to, all losses, damages, judgment, interests, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys' fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by such EMPLOYEE in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened.
2. Legal representation, provided by City for the EMPLOYEE, shall begin immediately upon the City’s notice or receipt of a claim for any tort, professional liability claim, or other ca use or demand of a civil nature arising out of an alleged act or omission, or resulting from the exercise of discretion, by EMPLOYEE in connection with the performance of EMPLOYEE's functions, duties, and services under this Agreement, and shall extend unt il a final determination of the legal action, including any appeals brought by any party.
3. City agrees to pay all reasonable litigation expenses of EMPLOYEE throughout pendency of any City- related litigation on a monthly basis to which EMPLOYEE is a party, witness or advisor to the City. Such expense payments shall continue beyond EMPLOYEE's employment with the City as long as litigation is pending.
4. Post-employment, City agrees to pay EMPLOYEE for reasonable consulting fees, travel expenses and other costs , when EMPLOYEE serves as a witness, advisor or consultant to City regarding pending litigation.
5. In its sole discretion, the City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered there from.
6. This provision shall survive any termination or resignation of EMPLOYEE or expiration of this Agreement.
O. Bonding
The City shall bear the full cost of any fidelity or other bonds required of EMPLOYEE under any law or ordinance.
SECTION VII - GENERAL PROVISIONS
1. The text herein shall constitute the entire agreement between the parties.
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10 2. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of EMPLOYEE.
3. This agreement shall become effective upon its “effective date” upon the adoption of a resolution of the City Council approving this agreement.
4. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable and shall not be affected, but shall remain in full force and effect. City and EMPLOYEE agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
5. This agreement may be modified in writing from time to time, by resolution of the City Council with approval of EMPLOYEE or as required by law. Changes will be considered at least annually.
SECTION VIII – EFFECTIVE DATE
This Employment Agreement shall be effective on .
CITY OF CERES, EMPLOYER
by:
Alex Terrazas, City Manager
EMPLOYEE
by:____________________________
Kevin Waugh
ATTEST:
___________________________________
Annabelle H. Aguilar, Interim City Clerk
APPROVED AS TO FORM:
Tom Hallinan City Attorney
Resolution 2022-38; April 25, 2022
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