Agenda — Ceres City Council, May 9, 2022

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in person)
City Council Chambers, 2701 Fourth Street

Monday, May 9, 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

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 2-34, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT. WHILE THIS MEETING WILL BE PHYSICALLY

OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID- 19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE APPLICATION, ZOOM.

Click this link to join the webinar:
https://us02web.zoom.us/j/88414612553?pwd=M0ZIWWF4U3BoWVZxOXZHRkZwMFRUZz09

Webinar ID: 884 1461 2553; Passcode: 183604; or Dial: (669) 900-6833

REMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] B EFORE 4:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE

CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.

*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected] City Council Agenda of May 9, 2022

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INVOCATION

Invocation by Pastor Pete Kirchhoff, Youth for Christ Central Valley.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez

PRESENTATIONS

A. Declaring May 15-21 as National Public Works Week in the City of Ceres

B. Recognition of former Councilmember Linda Ryno for years of service to the City of Ceres

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 May 9, 2022, City Council meeting was posted on Thursday, May 5, 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 the March 14, 2022 and March 28, 2022 Regular City Council meeting.

4. Register of Audited Demands for Period covering April 20, 2022 through April 27, 2022. (Dias)

5. General Correspondence – Information Only (none)

City Council Agenda of May 9, 2022

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6. Resolution No. 2022 -39 approving a contract with the Department of California Highway Patrol for their use of the Police Department Range for a term of three (3) years at a use rate of $2,400.00 per year and authorizing the City Manager to execute the contract. (Collins)

7. Resolution No. 2022-40 declaring its Intention to Levy and Collect Fees for the 1987 Landscape and Lighting Districts for Fiscal Year 2022/2023, and Direct the City Engineer to Sign and Public Works Director to File an Engineers Report, and Establish a Public Hearing on June 13, 2022, for the Levy of the Annual Assessments. (Royal)

8. Resolution No. 2022-41 approving a City of Ceres Social Media Policy. (Hoem)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

PUBLIC HEARING

9. Introduction of Ordinance 2022-1072 for Zoning Ordinance Text Amendment (ZOTA) to the Mitchell Road Corridor Specific Plan (MRCSP) that would allow main building heights up to 50 feet on properties zoned “RC, Regional Commercial” subject to approval by the Planning Commission. (Hoem)

NEW BUSINESS

10. Resolution No. 2022-35 approving the Subdivision Improvement Agreement and recordation of the Subdivision Map for the Cambridge Estates Subdivision, Phase

2. (Hoem)

11. Re
solution No. 2022 -42 ratifying the Appointment of Delilah Vasquez to the Position of Director of Human Resources

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.

• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor

City Council Agenda of May 9, 2022

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CLOSED SESSION

12. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager

REPORTS FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on May 23 , 202 2 at 6:00 p.m. i n the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

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

Rel
ated 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)

AFFIDAVIT OF POSTING

I, Cristina Aguilar, Deputy 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 May 5, 2022, by 5:00 p.m. at the following locations in Ceres:

• Community Center Display Case - 2701 Fourth Street

______________________________________
Cristina Aguilar, Deputy City Clerk

DECLARING MAY 15-21, 2022

AS NATIONAL PUBLIC WORKS WEEK IN THE CITY OF CERES

WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the City of Ceres; and,

WHEREAS, these infrastructure, facilities and services could not be provided without the dedication of the professional men and women who make daily contributions to public works- related efforts that include designing, planning, operating, and improving the City’s infrastructure; and,

WHEREAS, Public Works Week aims to acknowledge the accomplishments and milestones of Public Works professionals while raising awareness to the contributions Public Works has on our community and our everyday lives and to encourage the community’s interest and understanding of the importance of public works programs and services in the community; and,

WHEREAS, the year 2022 marks the 62n d annual National Public Wo rks Week sponsored by the American Public Works Association/Canadian Public Works Association.

NOW THEREFORE BE IT HEREBY RESOLVED that I, Javier Lopez, Mayor of the City of Ceres and on behalf of the City of Ceres City Council, do hereby designate May 15 – 21, 2022 as National Public Works Week and urge all citizens to participate in the a ctivities, events, and ceremonies designed to pay tribute to our Public Works professionals and to recognize the substantial contributions they make to protecting our community’s health, safety and quality of life.

Proclaimed this 9TH day of May , 2022

___________________________
Javier Lopez, Mayor

ITEM A
ITEM A

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MINUTES

CITY COUNCIL REGULAR MEETING
(ZOOM AND IN PERSON)

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, March 14, 2022 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Javier Lopez called the March 14, 2022 Regular City Council meeting to order.

ROLL CALL

Mayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Council Members: District 1 James Casey, District 4 Mike Kline, District 2 Linda Ryno

INVOCATION

Provided by Senior Pastor Patrick Davis from Ceres Christian Church.

PLEDGE OF ALLEGIANCE

Led by Mayor Javier Lopez

PRESENTATIONS

A. Presentation of Proclamation declaring March Women's History Month in the City of Ceres.

Mayor Lopez presented the proclamation.

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

Ms. Rebecca Harrington inquired on how the area with a Modesto zip code in Ceres’ 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 of March 14, 2022

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sphere of influence can be annexed to Modesto.

Mr. Gene Yeakley spoke in regards to an email sent to Mr. John Warren from Mayor Lopez regarding small businesses.

Mr. Miguel Donoso provided improvement suggestions for Ochoa Park and the Ceres area with a Modesto zip code.

Mr. John Osgood suggested the annexation of the Ceres/Modesto area be a ballot measure.

APPOINTMENTS TO BOARDS/COMMISSIONS

None.

CONFLICT OF INTEREST DECLARATION

None.

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

1. Clerks Report of Posting. The agenda of the March 14, 2022 City Council meeting was posted on Wednesday, March 9, 2022. (Nayares-Perez)

3. Approval of Minutes (Nayares-Perez)
a. Minutes of January 24, 2022 Regular City Council meeting.

4. Register of Audited Demands for Period covering February 22, 2022 through March 2, 2022. (Dias)

5. General Correspondence – Information Only – (None presented)

6. Resolution No. 2022-14, approving an agreement with Dudek and Authorizing the City Manager to Execute the Service Agreement for the Vegetation Monitoring and Reporting for the River Bluff Regional Park Lower Terrace Project. (Royal)

Item 6 was pulled by Council Member Ryno for discussion.

MOTION: Moti
on by Council Member Kline , seconded by Vice Mayor Silveira , to approve items 1-5. Motion passed by roll call vote 5/0/0:

ITEM 3
City Council Minutes of March 14, 2022

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AYES: 5 Council Members: Casey, Ryno, Kline, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 6: P
ulled by Council Member Ryno
Council Member Ryno inquired on various sections of the Dudek Service agreement.

MOTION: Moti
on by Council Member Ryno , seconded by Vice Mayor Silveira, to approve Item 6. Motion passed by roll call vote 5/0/0:

AYES: 5 C
ouncil Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

UNFINISHED BUSINESS

None.

PUBLIC HEARING

(Hearing Time 7:00 PM)

7. Fourth Redistricting Public Hearing (City Attorney/City Clerk) a. Ordinance No. 2022- 71 Adopting City Council District Boundaries in Accordance with California Elections Code Section 21601 Et Seq. and Ceres Municipal Code Section 2.02.030, Subdivision (A)

Mayor Lopez opened the public hearing at 7:00 p.m.

National Demographics Consultant Doug Yoakam made the presentation.

Mayor Lopez asked if anyone from the public had any comments and the following citizens spoke:

Mr. Miguel Donoso inquired on the Hispanic representation in District 2.

Mr. John Osgood commented on the need for representation in the districts.

Ms. Daisy Mayorga inquired on where statistic data came from the Census.

MOTION: Moti
on by Vice Mayor Silveira, seconded by Council Member Kline, to adopt Ordinance No. 2022-71 approving Map 103. Motion passed by roll call vote 5/0/0:

AYES: 5 C
ouncil Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

NEW BUSINESS
ITEM 3
City Council Minutes of March 14, 2022

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8. Resolution No. 2022-15, Approving the American Rescue Plan Act (ARPA) Spending Plan. (Dias/Terrazas)

Interim City Manager Alex Terrazas made the presentation.

There was a City Council Consensus to approve the items listed below. A Discussion ensued after each item.

Information Technology (IT)

1. U pgrade to an enterprise class wireless infrastructure – Council Consensus 5/0

2. M obile date computers for patrol cars – Council Consensus 5/0

3. Information Technology (IT): Cradlepoint wireless connection for patrol cars – Council Consensus 5/0

Police

4. P ublic safety cameras – Council Consensus 5/0

5. P olice building security system – Council Consensus 5/0

6. U pgrade police officers’ duty gear storage room – Council Consensus 4/1

7. C ritical incident response vehicle – Council Consensus 5/0

8. S peed trailers – Council Consensus 5/0

9. U pgrade city gym facility – Council Consensus 5/0

10. Mobile devices for social media public outreach – Council Consensus 5/0

11. Additional code enforcement – Council Consensus 3/2

City Clerk

12. Digitization of city’s historical mandated microfilm – Council Consensus 5/0

13. Complete council chambers audio and camera control upgrades - Council Consensus 5/0

14. Remodel council dais – Council Consensus 3/2

Recreation

15. Sound equipment for outdoor events – Council Consensus 5/0

17. Ochoa Park irrigation, sod, landscape installation – Council Consensus 3/2

18. Don Pedro/Strawberry/Riverbluff Park additional trail and walkways - Council Consensus 5/0

20. Robot paint striper for soccer fields – Council Consensus 5/0 ITEM 3
City Council Minutes of March 14, 2022

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21. Recreation facility feasibility study – Council Consensus 4/1

Engineering/Public Works

22. Update traffic operations center (toc) equipment – Council Consensus 5/0

23. Clean air ducts throughout city facilities – Council Consensus 3/2

25. Foggers and other PPE – Council Consensus 5/0

26. Lions Park development/improvements – Council Consensus 5/0

27. Grid Prune Program – Council Consensus 5/0

Fire

28. Upgrade RMS equipment on fire engines – Council Consensus 5/0

Human Resources

29. Premium pay for eligible workers performing essential work – Council Consensus 4/1

30. Temporary project management – Council Consensus 5/0

31. Recruitment services – Council Consensus 3/2

Finance

32. Reload Rad Card funding – Council Consensus 5/0

Community Development/Economic Development

33. Way finding sign program – Council Consensus 4/1

34. Entitlements assistance/business incentives – Council Consensus 5/0

35. Freeway oriented roof sign replacement – Council Consensus 3/2

City Council did not approve the items listed below. A discussion ensued after each item.

16. Membership based workout room at comm center – Council Consensus 2/3

24. Replace HVAC units - police building and fire station #1 – Council Consensus 2/3

The items listed below needed further discussion before a decision can be made.

19. Riverbluff/Roeding/Strawberry Park restroom upgrades – On Hold will return as part of the budget process.

36. Seasonal banner enhancements – To be discussed at future meeting

ITEM 3
City Council Minutes of March 14, 2022

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Mayor Lopez asked if anyone from the public had any comments and the following citizens spoke:

Mr. Donoso commented on the approval process for the ARPA Spending Plan items. He further expressed his support for landscape improvements to Ochoa Park.

Ms. Camilia Ochoa presented signatures in favor of completing Ochoa Park.

Resident Jaylene commented in favor of improvements to Ochoa Park.

Mr. John Warren provided suggestions to the ARPA Spending Plan.

MOTION: Moti
on by Vice Mayor Silveira, seconded by Council Membe r Kline, approving Resolution No. 2022- 15, Approving the American Rescue Plan Act (ARPA) Spending Plan Exhibit A. Motion passed by roll call vote 3/2/0:

AYES: 3 C
ouncil Members: Kline, Silveira, Mayor Lopez
NOES: 2 Council Members: Casey, Ryno
ABSENT: 0 Council Members: None

DISCUSSION ITEMS

None.

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.

• County Supervisor Channce Condit reported on the progress in tax sharing negotiations.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Section 54957.6 of the Government Code)

City Negotiator: City Manager
Employee Organization: Department Heads (unrepresented)

REPORT FROM CLOSED SESSION

ACTION: City Attorney Tom Hallinan reported the following:

1. Direction was given to staff.

ITEM 3
City Council Minutes of March 14, 2022

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ADJOURNMENT
City Council Goal Setting Workshop will be held on March 18, 2022 at 8:00 a.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 9:48 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 recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter

ITEM 3
ITEM 3

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MINUTES

CITY COUNCIL REGULAR MEETING
(ZOOM AND IN PERSON)

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, March 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 March 28, 2022 Regular City Council meeting to order.

ROLL CALL

Mayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Council Members District 1 James Casey, District 4 Mike Kline, District 2 Linda Ryno

INVOCATION

Provided by Pastor Jim Stochl from Harvest Presbyterian Church.

PLEDGE OF ALLEGIANCE

Led by Mayor Lopez

PRESENTATIONS

None.

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

Mr. Lee Brandt commented on the cleanup around the Mitchell Road bridge and the reduction in the number of cars with loud exhaust on Central Avenue.

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 of March 28, 2022

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Mr. Gene Yeakley commented on various noise nuisances and residents cementing their front yards to create parking.

APPOINTMENTS TO BOARDS/COMMISSIONS

CONFLICT OF INTEREST DECLARATION

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

1. Clerks Report of Posting. The agenda of the March 28, 2022 City Council meeting was posted on Wednesday, March 23, 2022. (Nayares-Perez)

3. Approval of Minutes (Nayares-Perez)
a. Minutes of February 5, 2022 Regular City Council meeting.

4. Register of Audited Demands for Period covering March 9, 2022 through March 16, 2022. (Dias)

5. General Correspondence – Information Only
a. Public Works monthly report for February 2022. (Royal) b. Ceres Youth Baseball third-quarter report. (Royal)

6. Resolution No. 2022-16 Authorizing the City Manager to Approve a Purchase Order with E & M Electric and Machinery, Inc. for the Purchase and Installation of a SCADA System Server. (Royal)

7. Resolution No. 2022-17, Approving a three-year agreement with Ceres Youth Baseball (CYB) and the City of Ceres (City) for the use of Costa Fields Baseball Complex and Authorizing the City Manager to Execute the Agreement. (Royal)

8. Resolution No. 2022-18, accepting the STPL-5241 (073) Blaker Road and Central Avenue Overlay Project as Complete, Approve the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion and Retention Release to the Contractor. (Royal)

9. Resolution No. 2022-19, awarding the Construction Contract for the School Traffic Safety at Various Location to PELAGIC Engineering, Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Royal)

10. Resolution No. 2022-20, Approving the Improvement Agreement and Recordation of the Subdivision Map for the Olive Villas Subdivision. (Hoem) ITEM 3
City Council Minutes of March 28, 2022

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11. Resolution 2022 -21, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (City Clerk)

12. Resolution 2022 -22, Approving accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for drinking water arrearage in an amount not to exceed $573,872; and authorizing the submission of an application to the CWWAPP for the wastewater arrearage amount estimated at $546,972. (Dias)

13. Resolution No. 2022-23, Approving a $2,500 City Sponsorship for the Love Ceres Event on April 30, 2022. (Sims)

Item 6 was pulled by Council Member Ryno for discussion.

MOTION: Moti
on by Council Member Ryno, seconded by Vice Mayor Silveira , to approve items 1-5 and 7-13. Motion passed by roll call vote 5/0/0:

AYES: 5 C
ouncil Members: Casey, Ryno, Kline, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 6/Pulled by Council Member Ryno
Council Member Ryno asked for clarification on the accounts that qualified for the aid and the amount they would be receiving.

Mr. Gene Yeakley inquired on the process for collecting balances on closed delinquent accounts.

Ceres resident on Zoom inquired on the total amount the City was receiving to apply to accounts.

Mr. John Warren inquired on the process for collecting sewer and garbage fees still owed on the utility bill.

MOTION: Moti
on by Council Member Ryno , seconded by Vice Mayor Silveira, to approve Item 6. Motion passed by roll call vote 5/0/0:

AYES: 5 C
ouncil Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

UNFINISHED BUSINESS

None.

ITEM 3
City Council Minutes of March 28, 2022

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PUBLIC HEARING

14. (Hearing set for March 28, 2022 at the February 14 th City Council meeting); Applicant and Appellant have requested the Hearing to be continued to April 25, 2022.) Public Hearing for the City Council to consider 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. (Hoem)

• Consideration of the Appellant’s and Applicant’s Request to continue the Hearing to April 25, 2022.

Mayor Lopez opened the public hearing at 6:24 p.m.

Community Development Director Christopher Hoem gave briefing on both parties request to continue the hearing on April 25
th.

Mr. Ken Thornberry commented on the effect a change in zoning designation would have on the golf course and inquired on the existence of a crime, safety and traffic study.

Ms. Candace Fernandez voiced her opposition of the change in zoning designation.

Mr. Ryan Thornberry showed his support for Ken Thornberry’s comments and voiced his opposition to the change in zoning designation.

Mr. John Warren commented in favor of leaving the zoning designation as is.

Mr. Dave Romano briefed Council on the discussion between both parties that led to a request for a continuance.

Mr. Robert Hall expressed his opposition to the original zoning change of the property.

Ms. Maria asked for clarification of the property in question and voiced he opposition to the change in zoning.

MOTION: Moti
on by Vice Mayor Silveira , seconded by Council Member Kline , to approve continuance to April 25th. Motion passed by roll call vote 5/0/0:

AYES: 5 C
ouncil Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

ITEM 3
City Council Minutes of March 28, 2022

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NEW BUSINESS

15. Approving Amendments to the Employment Agreements with the Department Heads and Authorize the City Manager to Execute the Agreements. a. Resolution No. 2022 -24, approving Amendment No. 1 to the Employment Agreement with Christopher Hoem, Director of Community Development. b. Resolution No. 2022-25, approving Amendment No. 1 to the Employment Agreement with Leticia Dias, Director of Finance.
c. Resolution No. 2022-26, approving Amendment No. 1 to the Employment Agreement with Richard Collins, Chief of Police.

Interim City Manager Alex Terrazas gave an overview of the item.

MOTION: Moti
on by Vice Mayor Silveira , seconded by Council Member Ryno , to approve resolution 2022-24. Motion passed by roll call vote 5/0/0:

AYES: 5 C
ouncil Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

MOTION: Moti
on by Vice Mayor Silveira , seconded by Council Member Ryno, to approve resolution 2022-25. Motion passed by roll call vote 5/0/0:

AYES: 5 C
ouncil Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

MOTION: Moti
on by Vice Mayor Silveira , seconded by Council Member Ryno , to approve resolution 2022-26. Motion passed by roll call vote 5/0/0:

AYES: 5 C
ouncil Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

DISCUSSION ITEMS

Council Member Kline asked for clarification on the vote for items 6, 11, 16, 19, 23 and 24 that were part of Resolution 2022-15 regarding ARPA funds.

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.

ITEM 3
City Council Minutes of March 28, 2022

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• C ouncil Member Ryno commented on the paving along Hatch Road and asked when the completion of the re- pavement would be final. She also inquired if fire would be taking care of weed abatement.
• City Manager Terrazas provide information for the Love Ceres event. • Police Chief Collins commented on the favorable recruitments for police officers and dispatchers.
• County Supervisor

CLOSED SESSION

PUBLIC EMPLOYMENT (Pursuant to Section 54957 of the Government Code)

Title: City Clerk

REPORT FROM CLOSED SESSION

ACTION: City Attorney Tom Hallinan reported the following:

1. Direction was given to staff.

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on April 11, 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 7:11 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 recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter

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ITEM 4
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: May 9, 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. 2022-39, approving a contract with the Department of California Highway Patrol for their use of the Police Department Range for a term of three (3) years at a use rate of $2,400.00 per year and authorizing the City Manager to execute the contract.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt the resolution approving a contract with the Department of California Highway Patrol (CHP) for their use of the Police Department Range for a term of three (3) years at a use rate of $2,400.00 per year.

I. BACKGROUND:

The CHP began using the Police Department Range in 2016 for their firearms requalification requirements. The CHP pays the Police Department $2,400.00 per year for the use of the Range.

They previously paid us $1,200.00 per year. This would be the third three (3) year contract we have entered with them.

II. REASONS FOR RECOMMENDATION:

Accepting another three (3) year contract will help minimize the time spent on the State-mandated clerical paperwork. Continuing the contract with the CHP will help foster a cooperative relationship between the City of Ceres and the CHP.

III. FISCAL IMPACTS:

None.

ITEM 6

IV. POLICY ALTERNATIVES:

Council could choose to not approve the three-year contract. In which case, the contract will need to be renewed on a year-to-year basis.

V. STEPS FOLLOWING APPROVAL:

Upon City Council approval the City Manager will execute the three-year contract with the CHP.

Approved by:___
__________________________
Alex Terrazas, Interim City Manager

Attachments:

1. Resolution

2. Agreement
ITEM 6

RESOLUTION NO. 2022-39

APPROVING A CONTRACT WITH THE DEPARTMENT OF CALIFORNIA

HIGHWAY PATROL FOR THEIR USE OF THE POLICE DEPARTMENT RANGE FOR A TERM OF THREE (3) YEARS AT A USE RATE OF $2,400.00 PER YEAR AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the Department of California Highway Patrol has be en using the Ceres Police Department Range since 2016; and,

WHEREAS, the previous t wo (2) contracts with the Department of California Highway Patrol have been for three (3) years; and,

WHEREAS, accepting another three (3) year contract will help minimize the time spent on the State-mandated clerical paperwork,

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ceres does here by approve a three (3) year contract with the Department of California Highway Patrol for the use of the Ceres Police Department Range at a use rate of $2,400.00 per 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 9th day of May, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Annabelle Aguilar, Interim City Clerk

ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
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: May 9, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Associate City Engineer
[email protected], (209) 538-5617
SUBJECT:

Resolution No. 2022-40, Declaring its Intention to Levy and Collect Fees for the 1987 Landscape and Lighting Districts for Fiscal Year 2022/2023, and Direct the City Engineer to Sign and Public Works Director to File an Engineers Report, and Establish a Public Hearing on June 13, 2022, for the Levy of the Annual Assessments.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve the resolution declaring intention to levy and collect assessments for the 1987 Landscape and Lighting districts and direct the City Engineer to sign and the Public Works Director to file an Engineer Report with the City Clerk’s office and establish June 13, 2022, for a public hearing to levy the annual assessments.

BACKGROUND:

Each year, per the Streets and Highway Code Section 22621, the City needs to reset the assessments for the Landscaping and Lighting District. This is an existing assessment that is slightly adjusted for inflation, not a new assessment. To begin that process, the City Council must adopt a resolution determining to undertake the proceedings for setting the assessment and ordering preparation of the Engineer's Report. The Report details the costs of maintaining the facilities and how the costs are spread among the various parcels in the District. The process must be completed by August 2022 in order to place the assessments on the tax roll for the 2022/23 Fiscal Year. The procedures established by Proposition 218 do not apply to the proceedings as long as there is no change in the amount to be assessed to each parcel, except for an inflation factor as included in the original formation documents.

The Resolution also declares its intention to establish the assessments for the Fiscal Year 2022/23 and set the public hearing date. The Resolution calls for the public hearing to be held at the Council's regularly scheduled meeting of June 13, 2022. The notice of the public hearing will be published in the newspaper at least ten days prior to the public hearing.

ITEM 7
II. REASONS FOR RECOMMENDATION:

To continue collecting the 1987 Landscape and Lighting District assessments, the City must complete this process. The Council will take final action setting the assessments following the public hearing on June 13, 2022. The process must be completed by this date to allow ample time to process the paperwork necessary for the Assessor to place the assessments against the properties. Stanislaus County requires each agency that wants an assessment placed on the tax rolls to certify that the assessments comply with the applicable laws and Proposition 218. All of the 1987 Landscape and Lighting District assessment are exempt from Proposition 218, as they are the same and lower than previous year having been only adjusted based on an inflation rate voted on by the property owner.

III. FISCAL IMPACTS:

If the Resolution is not adopted, the City will not be able to collect the assess ments during the 2022/2023 fiscal year. All incurred cost will have to be paid from the General Fund.

IV. STEPS FOLLOWING APPROVAL:

Publish resolution in the newspaper at least ten days prior to the public hearing and conduct the public hearing on June 13, 2022.

Approved by: ______________________________
Alex Terrazas, Interim City Manager

Attachments:

1. Resolution

2. Public Hearing Notice

ITEM 7
CC Resolution No. 2022-40; Page 1 of 2
RESOLUTION NO. 2022-40

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERES,

CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT FEES FOR THE 1987 LANDSCAPE AND LIGHTING DISTRICT S FOR FISCAL YEAR 20 22/23, AND DIRECT THE CITY ENGINEER TO SIGN AND THE PUBLIC WORKS DIRECTOR TO FILE AN ENGINEER’S
REPORT, AND ESTABLISH JUNE 13, 20 22 AS A PUBLIC HEARING

DATE FOR THE LEVY OF THE ANNUAL ASSESSMENTS

THE CITY COUNCIL
City of Ceres

WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, (The “Act”) to establish the City’s 1987 Landscape and Lighting District (the “Assessment District”); and

WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report; and

NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED, AND
ORDERED BY THE COUNCIL, AS FOLLOWS:

1. Improvements: The Improvements include, but are not limited to street lighting, street trees, and the landscaping on the exterior of access control fences. Services provided include all necessary service, operations, administration, and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition. Certain zones pay an additional assessment for the maintenance of the medians and/or landscaping in Westpointe, Brown, Eastgate, Darrah Street, Davante Villas, and the park in the Brown Annexation.

2. New Improvements or Changes to Existing Improvements : There are no changes to existing improvements nor are there any items being added to the list of improvements previously approved at the formation of the Assessment District.

3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the offices of the City Clerk, which map is made a part hereof by reference.

4. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that previously approved by the property owners (as "increased assessment" is defined in Section 54954.6 of the Government Code).

ITEM 7
CC Resolution No. 2022-40; Page 2 of 2

5. Notice of Public Hearing: The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on Monday, June 13, 2022, at 6:00pm or as soon thereafter as is feasible in the Ceres Community Center located at 2701 4th Street, Ceres, CA 95307.

6. Publish of Notice: The Council orders the City Clerk to publish notice of the resolution in accordance with Section 22626 of the Act.

7. Annual Report: The Council hereby orders NBS to prepare and file with the City Clerk for the Annual Report containing a full and detailed description of the Improvements, the boundaries of the Assessment District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District for the fiscal year commencing July 1, 2022 and ending June 30, 2023 . This Annual Report shall be available at the Public Hearing.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 9
th day of May, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Annabelle Aguilar
Interim City Clerk

ITEM 7

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Ceres, will be holding a public hearing on June 13, 2022, at 6:00 p.m. in the City Council Chambers, 2701 Fourth Street, to consider : Approving the Engineer’s Annual Report, C onfirming the Assessment and Ordering the Levy for the 1987 Landscaping and Lighting District for Fiscal Year 2022-2023. The procedures established by Proposition 218 do not apply to the proceedings as long as there is no change in the amount to be assessed to each parcel, except for an inflation factor as included in the original formation documents.

All interested persons are invited to attend the public hearing at the above time and place and will be given an opportunity to be heard.

Any person, who challenges this action in court, may be limited to raising only those issues that they or someone else raised at the public hearing, or in written correspondence delivered to the City of Ceres at, or prior to, the public hearing.

An Annual Report containing a full and detailed description of the Improvements, the boundaries of the Assessment District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment D istrict is on file with the City Clerk as required by the Landscape and Lighting Act of 1972.

Documents may be reviewed at the offices of the City of City Clerk, 2220 Magnolia Street, Ceres, California, ( 209) 538- 5731 during normal business hours. If you have any questions, please call the City Clerk or the Public Works Department at (209) 538- 5732 any weekday from 8:00 a.m. to 5:00 p.m.

_____________________________________
Annabelle Aguilar
Interim Temp City Clerk

PUBLISH: Wednesday, May 18
th, 2022
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: May 9, 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. 2022-41, approving a City of Ceres Social Media Policy.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a resolution approving a City of Ceres Social Media Policy.

I. BACKGROUND:

The proposed social media policy would only apply to city employees. Upon approval by the City Council, the social media policy would be added as one of the appendices to the Employee Handbook.

A social media policy is necessary in guiding the city to appropriately use social media to promote the brand of the city. To foster government transparency and the appropriate dissemination of information online, city employees would abide by the proposed policy as they use social media tools to reach a broader audience.

The City encourages the use of social media to further the goals of the City and the missions of its departments, where appropriate. Social media content can promote the brand of Ceres, increase city followers, and share our success stories, achievements, and milestones. A social media presence can potentially attract new businesses and more consumers to Ceres. The sharing of information can increase public knowledge of current, local events and help the public provide more informed feedback and engagement.

II. REASONS FOR RECOMMENDATION:

Staff recommends the City Council approve this Social Media Policy because it would serve as a standard to appropriately promote the City of Ceres and its many community achievements on social media. Social media can be utilized as an economic development strategy to attract new business and talent to our city. The City can promote itself by increasing social media followers and ITEM 8
engaging with residents, business owners, government officials, commercial real estate brokers, land developers, and economic development professionals.

III. FISCAL IMPACTS:

There would be no fiscal impact for the City.

IV. POLICY ALTERNATIVES:

The City Council could choose to not adopt this social media policy and city employees would continue to operate without a social media policy.

V. INTERDEPARTMENTAL COORDINATION:

The City Attorney was consulted in the preparation of the resolution and policy.

VI. PUBLIC PARTICIPATION:

The public is invited to provide comments at the regularly scheduled May 9, 2022 City Council meeting.

VII. ENVIRONMENTAL REVIEW:

Not applicable.

VIII. STEPS FOLLOWING APPROVAL:

Upon approval, the Director of Human Resources would attach the social media policy as one of the appendices to the Employee Handbook.

Approved by: ____________________________
Alex Terrazas, Interim City Manager

Attachments:

Resolution
Social Media Policy
ITEM 8
CC Resolution No. 2022-41; Page 1 of 2

RESOLUTION NO. 2022-41

APPROVING A CITY OF CERES SOCIAL MEDIA POLICY

THE CITY COUNCIL
City of Ceres

WHEREAS, the City is in need of a Social Media Policy that can guide the City in the creation of social media content to benefit the C ity and reach a broader audience .

Social media content appeals to a business niche and is targeted for an intended audience. This messaging can promote the brand of Ceres, increase City followers, and share our success stories. A social media presence can potentially attract new businesses and more consumers to Ceres;

WHEREAS, the attached Social Media Policy would do positive things for our city.

Many business owners, chief executives, city residents, government officials, commercial real estate brokers, land developers, and economic development professionals are utilizing social media to promote their organizations and cities. Many consumers are on social media and utilize social media to make buying and destination decisions;

WHEREAS, it is beneficial to have professional followers, as this can lead to promoting our city and a useful tool in a ttracting new industries and business to our city.

Social media can be used as an e conomic development strategy to attract businesses and increase job growth and talent recruitment;

WHEREAS, it is imperative that the content created on behalf of the City and the interactions carried out by City officials through social media is always appropriate, relevant, useful, and befitting of a public agency;

WHEREAS, staff has prepared and attached a draft Social Media Policy as EXHIBIT A;

NOW, THEREFORE BE IT RESOLVED that based upon the evidence contained within the staff report and as presented at the City Council meeting of May 9 , 2022, the City Council of the City of Ceres hereby adopts a Social Media Policy.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 9th day of May, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

____________________________
Javier Lopez, Mayor
ATTEST:

ITEM 8
CC Resolution No. 2022-41; Page 2 of 2

_____________________________________
Annabelle Aguilar, Interim City Clerk

Attachment: City of Ceres Social Media Policy

ITEM 8
City of Ceres Social Media Policy - Page 1
City of Ceres Social Media Policy

1.0 PURPOSE AND SCOPE
This policy provides guidelines to ensure that any use of social media on behalf of the City is consistent with the City’s mission.

This policy does not address all aspects of social media use. Specifically, it does not address:
• Personal use of social media by city employees.
• Use of social media in personnel processes, i.e. recruitment. • Use of social media as part of a criminal investigation, other than disseminating information to the public on behalf of the Police Department (see the Police Department’s Investigation and Prosecution Policy).

1.1 DEFINITIONS
Definitions related to this policy include:

Social media - Any of a wide array of Internet-based tools and platforms that allow for the sharing of information, such as a city website or social networking services.

2.0 POLICY
The City of Ceres may use social media as a method of effectively informing the public about city services, issues, investigations, and other relevant events.

City employees shall ensure that the use or access of social media is done in a manner that protects the constitutional rights of all.

3.0 AUTHORIZED USERS
Only city employees authorized by the City Manager or the authorized designee may utilize social media on behalf of the City. Authorized city employees shall use only approved equipment during the normal course of duties to post and monitor city-related social media unless they are specifically authorized to do otherwise by their supervisors.

The City Manager may develop specific guidelines identifying the type of content that may be posted. Any content that does not strictly conform to the guidelines should be approved by a supervisor prior to posting.

Requests to post information on city social media by city employees who are not authorized to post should be made through the employee’s chain of command.

4.0 AUTHORIZED CONTENT
Only content that is appropriate for public release, that supports the City’s mission and conforms to all City policies regarding the release of information may be posted.

Exhibit A
ITEM 8
City of Ceres Social Media Policy - Page 2
Examples of appropriate content include:
(a) Announcements.
(b) Tips and information related to crime prevention.
(c) Investigative requests for information.
(d) Requests that ask the community to engage in projects that are relevant to the city’s mission.
(e) Real-time safety information that is related to in-progress crimes, geographical warnings or disaster information.
(f) Traffic information.
(g) Press releases.
(h) Recruitment of personnel.

4.1 INCIDENT-SPECIFIC USE
In instances of active incidents where speed, accuracy and frequent updates are paramount (e.g., crime alerts, public safety information, traffic issues), the City Manager or the authorized designee will be responsible for the compilation of information to be released, subject to the approval of the Incident Commander.

5.0 PROHIBITED CONTENT
Content that is prohibited from posting includes, but is not limited to:
(a) Content that is abusive, discriminatory, inflammatory, or sexually explicit. (b) Any information that violates individual rights, including confidentiality and/or privacy rights and those provided under state, federal or local laws. (c) Any information that could compromise an ongoing investigation. (d) Any information that could tend to compromise or damage the mission, function, reputation or professionalism of the City of Ceres or its employees. (e) Any information that could compromise the safety and security of City operations, city employees, victims, suspects, or the public.
(f) Any content posted for personal use.
(g) Any content that has not been properly authorized by this policy or a supervisor.

Any city employee who becomes aware of content on the City’s social media site that he/she believes is unauthorized or inappropriate should promptly report such content to a supervisor. The supervisor will ensure its removal from public view and investigate the cause of the entry.

5.1 PUBLIC POSTING PROHIBITED
City social media sites shall be designed and maintained to prevent posting of content by the public.

The City may provide a method for members of the public to contact City employees directly.

ITEM 8
City of Ceres Social Media Policy - Page 3

6.0 MONITORING CONTENT
The City Manager will appoint a designee to review, at least annually, the use of City social media and report back on, at a minimum, the resources being used, the effectiveness of the content, any unauthorized or inappropriate content and the resolution of any issues.

7.0 RETENTION OF RECORDS
The City Manager or designee should work with the City Clerk to establish a method of ensuring that public records generated in the process of social media use are retained in accordance with established records retention schedules.

8.0 TRAINING
Authorized city employees should receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, dissemination, and retention of information posted on city sites.

ITEM 8
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: May 9, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778

James Michaels, Senior Planner
[email protected], (209) 538-5774

SUBJECT:

Public Hearing to consider approving a proposal for Zoning Ordinance Text Amendment (ZOTA) to the Mitchell Road Corridor Specific Plan (MRCSP) that would allow main building heights up to 50 feet on properties zoned “RC, Regional Commercial” subject to approval by the Planning Commission.

• Introduction of Ordinance No. 2022-1072

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council conduct the Public Hearing to consider the following:

1. Introduction of Ordinance No. 2022- 1072 – Approving a Zoning Ordinance Text Amendment to modify Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) to allow main building heights up to 50 feet on properties zoned “RC, Regional Commercial” subject to approval by the Planning Commission.

I. BACKGRO UND:

New Information:

Staff presented a similar proposal to amend the Zoning Ordinance at the April 11, 2022 City Council meeting. The City Council first voted (3-2) to deny the amendment, then followed with a vote (5-0) to continue the item to the May 9, 2022 meeting to review options and allow staff the opportunity to provide visualizations of the area (included herein as Attachment 3).

Additionally, there was some discussion among the City Council about the height limitation. After considering the City Council’s feedback, staff has returned with a proposed limit of 50 feet for the maximum main building height, instead of the previous proposal of unlimited building heights. This new proposal would allow building heights between 35 and 50 tall, subject to approval by the Planning Commission.

Attachment 3 shows an overview map of Walmart, the various proposed buildings at Ceres Gateway Center, and Highway 99. There are four points labeled on the overview map: “Point A”, “Point B”, “Point C”, and “Point D”. Each point is located along Highway 99, starting with “Point A” at the south end, up to “Point D” at the north end. The points represent the locations from which visualizations were captured in Google Earth at elevations approximately 5 feet above the Highway’s pavement, and with viewpoints oriented towards Walmart. The visualizations show that even structures with heights less than 35 feet momentarily obscure travelers’ views of Walmart from Highway 99. Based on these visualizations, staff concludes that increasing the maximum height limit for structures would not make any difference for the visibility of Walmart from Highway

99. Additional background information from the April 11, 2022 City Council meeting, with minor changes:

Over the last two years, following the City’s approval of the Ceres Gateway Center project (located at the southwest corner of Service & Mitchell Roads) in February 2020, the project representative approached staff frequently to discuss potential business users of both Phases 1 and 2 for that project. Phase 1 primarily consists of retail development and Phase 2 primarily consists of a hotel development. The property is zoned “RC, Regional Commercial”.

The Ceres Gateway Center representative recently informed staff that a developer is highly interested in constructing a hotel for the Phase 2 portion of the project. However, the desired floor plan for the hotel would be a 4- story building which may result in an overall height of 45- 50 feet, thereby exceeding the MRCSP allowable height limit of 35 feet.

The “C -2, Community Commercial” zone is outside the MRCSP area, but it is in many ways substantially similar to the “RC, Regional Commercial” zone. One minor difference is that the “C- 2, Community Commercial” zone, allows the height of proposed buildings to be regulated through the City’s site plan approval process such that said height of a building shall be as approved by the Planning Commission, without a defined height limit. After considering the hotel example and other potentially taller commercial structures in the “RC, Regional Commercial” zone, staff recommends modifying the current MRCSP’s height standard in the “RC, Regional Commercial” zone to be 50 feet. This is less than the unlimited height limit in the “C-2, Community Commercial” zone, but would still allow four-story commercial structures.

Staff proposes amending the MRCSP with the following insertions underlined in green and the following deletions with purple strikethrough:

Section 1. Section III -E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:

III. – Development Regulations.

E. 1. Height of Structure:

No main building erected shall have a height greater than thirty -five feet except as provided herein. No accessory building erected shall have a height greater than fifteen (15) feet. Permitted projections above the height include: vertical accents at the building entries such as towers and penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mechanical equipment, fire or parapet walls, skylights, flagpoles, and chimneys, approved by the Planning Commission or the Planning Director, depending on the approval process, provided that they may be safely erected and maintained at such height in view of the surrounding conditions and circumstances and screened from view in accordance with the Design Guidelines. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional floor space.

Any area that falls within the area designated as an airport overlay zone shall comply with the height limitations prescribed by that zone, if they are more restrictive than those herein prescribed.

Main buildings and permitted projections within the “RC, Regional Commercial” zone may exceed the height limits described above, up to a maximum height limit of 50 feet, subject to approval by the Planning Commission.

Structures with the Airport Approach zone shall be subject to the height limit res
trictions established within the A -O Airport Overlay Zone (Sec. 18.36 18.21 et. seq. of the Ceres Municipal Code).

Discussion and Conclusion of Planning Commission Meeting

At t
he March 21, 2022 Planning Commission meeting, staff presented a version of the text amendment above that allowed unlimited building heights in the “RC, Regional Commercial” zone.

Upon the completion of staff’s presentation, the Planning Commission had no questions on the proposed text amendment and reaffirmed that the text amendment w ould not only apply to the Ceres Gateway Center project but w ould also be applied to all regional commercial zoned properties located within the MRCSP . With no further discussion taking place, the Planning Commission made a recommendation that the City Council approve the text amendment as proposed (with no modifications) by a 4-0-1 vote (Commissioner Johnson – Absent).

II. REASONS FOR RECOMMENDATION:

The decision rendered at the Planning Commission meeting was a 4-0- 1 vote (Commissioner Johnson – Absent) in favor of recommending that the City Council approve the text amendment as proposed (with no recommended changes). The recommendation to approve the amendment was based on the following reasons:

1. The proposed text amendment establishes flexibility to permit a range of building heights which would be suitable for the “RC, Regional Commercial” zoned Corridor area. The amendment would not apply to the other non- regional commercial zoned properties (i.e. “CC, Community Commercial”, or “HC, Highway Commercial”, etc.) as most of those properties fall within the Airport Overlay Flight zone and would be limited to the 35- foot height restriction.

2. The proposed text amendment assists in maximizing the southern portion of the Corridor area in that it encourages employment -generating uses (that are regional market attractions, such as a hotel) to open here in Ceres that may not otherwise exist if the current height restriction remains in place.

3. The proposed text amendment has the potential to attract a mixture of businesses that will want to relocate to Ceres, thereby providing a strong economic base which will benefit the Ceres community. Approving the amendment creates the potential of generating additional sales tax revenues for the City in the future.

Approval of the proposed text amendment to the applicable section of the MRCSP will help maintain the purpose and intent of the applicable goals and policies listed in the City’s General Plan and the MRCSP.

III. FISCAL IMPACTS:

None.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

None.

V. POLICY ALTERNATIVES:

1. Modify and adopt the Text Amendment.

2. Do not approve the proposed Text Amendment.

VI. INTERDEPARTMENTAL COORDINATION:

None.

VII. PUBLIC PARTICIPATION:

Public noticing was sent and published in the Ceres Courier on March 30, 2022. The same level of notice was also sent prior to the Planning Commission hearing.

VIII. ENVIRONMENTAL REVIEW:

This proposal was reviewed pursuant to the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b-3), the text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Thus, amending the applicable section of the Mitchell Road Corridor Specific Plan (MRCSP) as proposed is not subject to CEQA.

IX. STEPS FOLLOWING APPROVAL:

The second reading and adoption of the ordinance by the City Council at their next meeting on May 23, 2022.

Approved by:_____
________________________
Alex Terrazas, Interim City Manager
Attachments:

1. Ordinance No. 2022-1072

2. March 21, 2022 Planning Commission Meeting Staff Report

3. 3D Visualizations

Ordinance No. 2022-1072; Page 1 of 3

ORDINANCE NO. 2 022 - 1072

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES APPROVING A ZONING ORDINANCE TEXT AMENDMENT TO THE CITY’S MITCHELL ROAD

CORRIDOR SPECIFIC PLAN (MRCSP) THAT WOULD ALLOW MAIN BUILDING HEIGHTS UP TO 50 FEET ON PROPERTIES ZONED “RC, CREGIONAL COMMERCIAL” SUBJECT TO APPROVAL BY THE PLANNING COMMISSION.

APPLICATION NUMBER ZOTA 22-04

THE CITY COUNCIL
City of Ceres, California
WHEREAS, the City Council of the City of Cer es, State of California, has considered said application proposing a Zoning Ordinance Text Amendment to modify Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP), to allow main building heights up to 50 feet on properties zoned “RC, Regional Commercial” subject to approval by the Planning Commission; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on March 21, 20 22 at 6:00 p.m. and considered all testimony and comment presented whether orally or in writing and by a 4-0-1 vote (Commissioner Johnson – Absent), recommended the City Council approve a similar version of the proposed text amendment that allowed unlimited heights for main buildings in the “RC, Regional Commercial” zone; and, WHEREAS, “RC, Regional Commercial” zoned properties located within the Mitchell Road Corridor Specific Plan (MRCSP) affected by this ordinance are located in Ceres, CA; and,
WHEREAS, the City Council held a duly noticed public heari ng on April 11, 2022 at 6:00 p.m., considered all testimony and comment presented whether orally or in writing for the Introduction and First Reading, and continued the item to the regularly scheduled May 9, 2022 meeting for further analysis; and,
WHEREAS, the City Council, in making a revision to Section III-E1 (Development Regulations – General Provisions – Height of Str ucture) of the Mitchell Road Corridor Specific Plan (MRCSP), finds that:

1. The proposed Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan is consistent with the purpose and intent of the applicable goals and policies of the City of Ceres General Plan and the Mitchell Road Corridor Specific Plan.

2. The proposed Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan will have no adverse effect on properties under the City’s jurisdiction.

3. The proposed Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan will not endanger any wildlife or wildlife habitat.

4. This proposal was reviewed pursuant to the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b- 3), the text amendment is n ot subject to

Ordinance No. 2022-1072; Page 2 of 3
CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Thus, amending the applicable section of the Mitchell Road Corridor Specific Plan (MRCSP) as proposed is not subject to CEQA.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CERES HEREBY ORDAINS that Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:

III. – Development Regulations.

E. 1. Height of Structure:

Main buildings and perm
itted projections within the “RC, Regional
Commercial” zone may exceed the height limits described above, up to a maximum height limit of 50 feet, subject to approval by the Planning Commission.

Structures with the Airport Approach zone shall be subject to the height limit restrictions established within the A -O Airport Overlay Zone (Sec. 18.36

18.21 et. seq. of the Ceres Municipal Code).

BE IT FURTHER ORDAINED, that this Ordinance shall take effect and be in full force thirty (30) days from and after its adoption. Within 15 days of its adoption, a summary of the ordinance shall be published in the Ceres Courier, a newspaper of general circulation, circulated and published in the City of Ceres, State of California, which summary shall include the names of those Council Members voting for and against the ordinance. A certified copy of the full text of such adopted ordinance or amendment shall be on file in the office of the City Clerk.

Ordina
nce No. 2022-1072; Page 3 of 3
The fore
going Ordinance was introduced at a regular meeting of the City Council of the City of Ceres held on the 11th day of April, 2022, continued to the 9th day of May, 2022 for further analysis and discussion, and adopted on the 25 th day of April, 2022, by the following vote:

AYES:

NOES
:

ABSENT:

APPROVED:
___________
____________________
Javier Lopez, Mayor
ATTEST:
______________________________
Annabelle Aguilar, Interim
City Clerk
APPROVED AS TO FORM:
_____________________________
Tom Hallinan
, City Attorney

STAFF

REPORT AND

RECOMMENDATION
March 21, 2022
TO: Pla
nning Commission
FROM: J
ames Michaels, Senior Planner

SUBJECT
: M itchell Road Corridor Specific Plan Text Amendment (ZOTA) 22- 04; Proposal to consider a Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan (MRCSP) that would give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial”.

APPLICAN
T: City of Ceres
2220 Magnolia Street
Ceres, CA 95307

PROPOSAL
The propo
sal is for one zoning ordinance text amendment to the City’s Mitchell Road Corridor Sp ecific Plan (MRCSP) that would give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “ RC, Regional Commercial ”. The MRCSP section that would be affected by this amendment includes:
• Modify
ing Section III-E(1) (Development Regulations - General Provisions – Height of Structure).

GENERAL

PLAN AND ZONING COMPLIANCE
The pro
posed zoning ordinance text amendment would apply to properties located within the MRCSP and zoned “RC, Regional Commercial”. Specific Plan policies that can be applied to support the proposed text amendment include:

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist. 2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
209-538-5774
Fax 209-538-5675
Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 1
Planning Commission Agenda – March 21, 2022
Application Nos. 22-04 ZOTA (MRCSP – RC Zoned Properties) • MRCSP Policy P3: Permit a range of building heights which are demonstrated to be suitable for the corridor area.
• MRCSP P
olicy P18: Maximize southern portion of the C orridor
for uses that have a regional market attraction such as theaters, department stores, membership/wholesale stores, etc.
• MRC
SP Development Regulations, A. Statement of Intent:

1. Encour
age an attracti ve variety of commercial uses
within the Corridor to contribute economical ly, socially , and visually to the community.

2. Prov
ide opportunities and incentives for economi cally
productive business enterpri ses and efficient use of land parcels, either through consolidation of existing parcels or coordinated planning of adjacent parcels.

Addit
ional General Plan goals and poli cies that can be applied to support the proposed text amendment include:
• General
Plan Policy 2.A.11. Prioritize Development with Community Benefits.

Prioritize development projects that are needed to provide for the Cit y’s fair share of regional housing needs, including very -low and low-income housing, or provide substantial benefits to the community, including, bu t not limited to, unique economic development opportunities (e.g. substantial number of jobs, substantial sales tax revenues).
• General
Plan Policy 2.G.1. Mitchell Road/SR 99 Interchange. Support the development of commercial uses that serve the Ceres r egional market and leverage the improved SR 99 interchange at Mitchell Road. • General
Plan Goal 7. C. Attr act and retain a mixture of businesses and employment-generating uses that are beneficial for the community and provide a strong economic base.
• General
Plan Policy 7.C.8. Promote Potential Industrial and Regional Commercial Sites . Develop and implement a marketing strategy aimed at potential large industrial, research and development, and business park employers in order to attract more development and jobs to the areas designated for industrial and regional commercial development.

Based
on this inform ation, sta ff belie ves the pro posed zoning ordinance text amendment will be supported by the MRCSP, the General Plan, and applicable sections of the Zoning Ordinance.

Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 2
Planning Commission Agenda – March 21, 2022
Application Nos. 22-04 ZOTA (MRCSP – RC Zoned Properties)

ANALYSIS
Over th
e l ast two years, following the City ’s approval of the Ceres Gateway Ce nter project (located at the southwest corner of Service & Mitchell Roads) in February 2020, the project representative approached sta ff frequently to discuss potential business users of both Phases 1 and 2 for that project. Phase 1 primaril y consists of retail development and Ph ase 2 primarily consists of a hotel development. The property is zoned “RC, Regional Commercial”.

The Ceres
Gateway Center representative recent ly informed staff that a developer is highly interested in constructing a hotel for the Phase 2 portion of the project . However, the desired floor plan for the hotel would be a 4-story building which may result in a n overall height of 45-50 feet, thereby exceeding the MRCSP allowable height limit of 35 feet.

The “C-
2, Community Commercial” zone is outside the MRCSP area, but it is in many ways substantially sim ilar to the “ RC, Regional Commercial ” zone. One minor difference is that the “C-2, Community Commercial” zone, allows the height of proposed buildings to be regulated through the Ci ty’s site plan a pproval process such that said height of a building shall be as approved by the Planning Commission, without a defined height limit. After considering the hotel example and other potentially taller commercial structures in the “RC, Regional Commercial” zone, staff recommends modifying the current MRCSP’s height standard in the “RC, Regional Commercial” zone to be similar to that of the “C- 2, Community Commercial” zone district of the Ceres Zoning Ordinance.

Staff propos
es amending the MRCSP with the follo wing insertions underlined in green and the following deletions with purple strikethrough:

Secti
on 1. Section III-E1 ( Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:

III. – Development Regulations.

E. 1. Hei
ght of Structure:

No main b
uilding erected shall have a height greater than thir ty-five feet except as provided herei n. No accessory building erected shall have a height gr eater than fifteen (15) feet. Permitted p rojections ab ove the height include: vertical accents at the building entries such as towers and penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mechanical equipment, fire or parapet walls, skylights, flagpoles, and chimneys, approved by the Planning Commission or the Planning Director, depending on the approval process, provided that they may be safely erected and maintained at such height in view of the surrounding conditions and circumstances an d screened from Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 3
Planning Commission Agenda – March 21, 2022
Application Nos. 22-04 ZOTA (MRCSP – RC Zoned Properties) view in accordance with the De sign Guidelines. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional floor space. Any area that falls within the area designated as an airport overlay zone shall comply with the height limitations prescribed by that zone, if they are more restrictive than those herein prescribed.

Main buildings and permitted projections within the “RC, Regional Commercial” zone may exceed the height limit s described above, subject to approval by the Planning Commission.

Structures with the Airport Approach zone shall be subject to the height limit restrictions est ablished within the A -O Air port Overlay Zone (Sec.

18.36 18.21 et. seq. of the Ceres Municipal Code).

Staff Co
mments
In additi
on to the project being consistent with the City’s General Plan and MRCSP policies noted above, staff also supports the project for the following reasons:

1. The propose
d text amendment establishes flexibility to permit a range of building heights which would be suitable f or the “R C, Regional Commercial ” zoned Corridor area. The amendment would not apply to the other non- regional commercial zone d properties (i.e. “CC, Community Comme rcial”, or “HC, Highway Commercial ”, etc.) as m ost of those properties fall within the Airp ort Overlay Flight zone and would be limited to the 35-foot height restriction.

2. The proposed t
ext amendment assists in maximizing the southern portion of the Corridor area in that it encourages employment-generating uses ( that are regional market att ractions, such as a hotel ) to open here in Ceres that may not otherwise exist if the current height restriction remains in place.

3. The propose
d text amendment has the p otential to attract a mixture of businesses that will want to relocate to Ceres , thereby p roviding a strong economic base which will b enefit the Ceres community . Approving the amendment creates the potential of generating additional sales tax revenues for the City in the future.

With a Plan
ning Commiss ion recommendation for approval of the proposed text amendment noted above, the modification to the applicable section of the MRCSP will help maintain the purpose and intent o f the applicable goals and policies listed in the City’s General Plan and the MRCSP.

Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 4
Planning Commission Agenda – March 21, 2022
Application Nos. 22-04 ZOTA (MRCSP – RC Zoned Properties) CEQA
This p roposal was reviewed pursuant to the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b-3), the proposed text amendment is not subject to CEQA as CEQA applies only to projects which have the pot ential for causing a significant effect on the env ironment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effec t on the environment, the activity is not su bject to CEQA. Thus, amendi ng the applicable section of the MRCSP as proposed is not subject to CEQA.

STAFF

RECOMMENDATION
The Planni
ng Commission recommends City Council approve the proposed Zoning Ordinance Text Amendment subject to the findi ngs and proposed revisi ons to the MRCSP listed in Draft PC Resolution 22-05 (please note that the new text being added to the MRCSP is underlined in green and any existing text to be deleted is crossed out in purple for clarity and the purposes of this amendment process).

REQUIRE

D ACTION
Approval of t
his project requires the following action by the Planning Commission:
1) Accept
that this project is consistent with CEQA Guidelines Section 15061(b- 3) – Review For Exemption.
2) Recomm
end the City Council approve the Z oning Ordinance Text Amendment (ZOTA 22-04) per the findings and proposed revisions to the Mitche ll Road Corridor Specific Plan (MRCSP) listed in Draft PC Resolution 22-05.

Attach
ments:

Page
7-10 D r
aft PC Resolution 22-05
11 A erial Site Map (reflecting “RC, Regional Commercial” areas) I:\PLA
NNING\DEPT\PLANNING\PC\staff reports\2022\22-04 ZOTA ( MRCSP Height Amendment - RC zoned properties, CH edits).doc; staff report
Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 5
Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 6
RECORDING REQUESTED BY:

CITY OF CERES
When Rec
orded mail to:

City
of Ceres
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
DRAFT
RES
OLUTION NO. 22-05
RESOL

UTION OF THE CITY OF CERES PLANNING COMMISSION

RECOMMENDING THE CITY CO UNCIL APPROVE A ZONING ORDINANCE TEXT AMENDMENT TO THE CITY ’S MITCHELL ROAD CORRIDOR SPECIFIC

PLAN (MRCSP) THAT WOULD GIVE THE CITY PLANNI NG COMMISSION

THE AUTHORITY TO APPROVE MAIN BUILDING HEIGHTS EXCEEDING THE CURRENT SPECIFIC PLAN LIMIT OF 35 FE ET ON PROPERTIES ZONED “RC, REGIONAL COMMERCIAL”. APPLICATION NUMBER ZOTA 22-04

WHEREAS,
the Planning Commission of the City o f Ceres, S tate of California, h as considered said application proposing a Zoning Ordinance T ext Amendment to modify Section III-E1 ( Development Regulations – General Provisions – Height of Structure ) of the Mitchell Road Corridor Specific Plan (MRCSP), to give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial”; and,
WHEREAS, a
ll “Regional Commercial ” zoned properties affected by this resolution are located within the Mitchell Road Corridor Specific Plan (MRCSP) in Ceres, CA; and,
WHEREAS, th
e Planning Commission held a duly noticed public hearing on March 21, 20 22, at 6:00 p.m., and considered all testimony and comments presented whether orally or in writing; and,

WHEREAS,
the Planning Commission, in making a recommendation to
the City Council, to give the City Planning Commission the authority to approve main building heights exceeding the current Specific Pla n limit of 35 feet on properties zoned “RC, Regional Commercial”, finds that:

1. The proposed
Zoning Ordinance Text Amendment to the M itchell Road
Corridor Specific Plan is consistent with the purpose and intent of the applicable goals and policies of the City of Ceres General Plan and the Mitchell Road Corridor Specific Plan.

Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 7

2. The proposed
Zoning Ordinance Text Amendment to the M itchell Road
Corridor Specific Plan will have no adverse effect on properties under the City’s jurisdiction.

3. The proposed
Zoning Ordinance Text Amendment to the M itchell Road
Corridor Specific Plan will not endanger any wildlife or wildlife habitat.

4. This pr
oposed Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan was reviewed pursuant to the C alifornia Environmental Quality Act (CEQA). Per CEQA Section 15061(b -3), the proposed zoning text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activit y is not subject to CEQA. A mending the applicable section of the Ceres Municipal Code as proposed with this text amendment request will not have any significant effect on the environment, and therefore, the proposal is not subject to CEQA.

NOW, T

HEREFORE, THE PL ANNING COMMISSION OF THE CIT Y OF
CERES HEREBY RECOMME NDS THAT THE CITY COUNCIL ORDAIN as follows:

Sect
ion 1. Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:

III. – Development Regulations.

E. 1. Height
of Structure:

No main building erected shall have a height greater than thir ty-five feet except as provided herein. No accessory building erected shall have a height greater than fifteen (15) feet. Permitted projections above the height include: vertical accents at the building entries such as towers and penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mech anical equipment, fire or parapet walls, skylights, flagpoles, and chimneys, approved by the Planning Commission or the Planning Director, depending on the approval process, provided that they may be safely erected and maintained at such height in view of the surrounding conditions and circumstances and screened fro m view in accordance with the De sign Guidelines. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional floor space. Any area that falls within the area desi gnated as an airport overl ay zone shall comply Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 8
with t
he height limitations prescribed by that zone, if they are m ore restrictive than those herein prescribed.

Main buildings and permitted projections within the “RC, Regional Commercial” zone may exceed the height limit s described above, subject to approval by the Planning Commission.

Structures with the Airport Approach zone shall be subject to the height limit restrictions est ablished within the A -O Air port Overlay Zone (Sec. 18.36 18.21 et. seq. of the Ceres Municipal Code).

I HEREBY CERTIFY that th e for egoing resolution was duly and regularly adopted by the Planning Commission of the City of Ceres at a regular meeting of said Planning Commission held on the 21st day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ATTE ST:
__ _____

CHRIS TOPHER HOEM, SECRETARY OF

THE CERES PLANNING COMMISSION

CITY OF CERES
I:\PLANNI
NG\DEPT\PLANNING\PC\Resolutions\2022\22-05 (22-04 ZOTA - MRCSP Height Amendment).doc Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 9
Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 10

A PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT

AMENDMENT TO THE MITCHELL ROAD CORRIDOR SPECIFIC PLAN
(MRCSP) THAT WOULD GIVE THE CITY PLANNING COMMISSION THE

AUTHORITY TO APPROVE MAIN BUILDING HEIGHTS EXCEEDING
THE CURRENT SPECIFIC PLAN LIMIT OF 35 FEET ON PROPERTIES ZONED “RC, REGIONAL COMMERCIAL”. 22-04 ZOTA.

RC Zoned P
roperties North
Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 11

Attachment 3

Walmart
85’ Sign
* Point A
* Point B
* Point C
* Point D
Point A: Northbound Highway 99, immediately north of exit.

Point B: Northbound Highway 99, on top of southern overpass.

Point C: Northbound Highway 99, descending from southern overpass.

Point D: Southbound Highway 99, looking back across the other side of the highway.

* All visualizations are from five feet above the pavement Walmart Ceres Gateway
Center Businesses
85’ Sign Hotel hidden
behind trees
85’ Sign 50’ Hotel Other
Businesses
85’ Sign
Quick Quack Chipotle Ono Hawaiian BBQ
Walmart Walmart
50’ Hotel
35’ Hotel
85’ Sign
Walmart

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2022-35, Approving the Subdivision 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 Subdivision 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 Subdivision 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.

In the case of many subdivisions, including Cambridge Estates, a bond is paid for by the Developer and the City holds the bond in case the Developer fails to construct the subdivision improvements.

For example, the City could use the bond to construct the improvements even if the Developer were to abandon the project half -way through construction. The bond is also called the “Improvement Security”, and it is attached as Exhibit D to the Subdivision Improvement Agreement.

Once construction is complete and the City inspects and accepts the construction, then the Improvement Security is released. However, a Warranty Bond (Exhibit E of the Agreement), paid for ITEM 10
by the Developer in the amount of 10% of the original Improvement Security, is kept by the City for 12 months. After 12 months, the City again inspects the improvements and returns the Warranty Bond upon acceptance.

Separately, a Monumentation Bond (Exhibit F of the Agreement) is paid for by the Developer and held by the City until the City can confirm that all survey monumentation and markers are properly installed.

Additionally, the Developer will remit to the City a cash deposit to ensure the construction of a 7-foot chain link fence with slats along the eastern boundary of the subdivision. The amount of the cash deposit for the fence is $39,900 and is shown on the last page of the Cost Estimate (Exhibit C of the Agreement). The fence is a condition of approval for the project.

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.

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 sect ion 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. An additional cash deposit in the amount of $39,900 will ensure the cost, at the Subdivider’s sole cost, of constructing a fence along the eastern boundary of the subdivision.

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.

ITEM 10

Approved by:_____________________________
Alex Terrazas, Interim City Manager

Attachments:

Resolution
Attachment 1 – Subdivision Improvement Agreement
Exhibit A – Legal Description
Exhibit B – Resolution No. PC 18-12
Exhibit C – Cost Estimates
Exhibit D – Improvement Security
Exhibit E – Warranty Bond
Exhibit F – Monumentation Bond
Exhibit G – Improvement Plans
Attachment 2 – Resolution No. PC 20-23
Attachment 3 – Final Map of Cambridge Estates, Phase 2
ITEM 10
ITEM 10
CC Resolution No. 2022-35; Page 1 of 2
RESOLUTION NO. 2022-35

RESOLUTION APPROVING THE SUBDIVISION 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 DEVELOPER has executed a Subdivision Improvement Agreement (Attachment 1) and provided the required securities for all public improvements; 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 18-12 VTSM (Exhibit B of the Attachment 1); 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 (Attachment 2); 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 (Attachment 3) substantially conforms to the approved tentative subdivision map; and

WHEREAS, the required public improvements have not been completed; 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 Ceres Municipal Code relating to Subdivisions, and the City Surveyor has determined that the map is technically correct; and

NOW THEREFORE BE IT HEREBY RESOLVED 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.

ITEM 10
CC Resolution No. 2022-35; Page 2 of 2
BE IT FURTHER RESOLVED that the City M anager is hereby authorized to execute the Subdivision Improvement Agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 9th day of May, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_______________________________
Javier Lopez, Mayor

ATTEST:

__________________________________
Annabelle Aguilar, Interim City Clerk
ITEM 10

SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE CAMBRIDGE ESTATES SUBDIVISION, PHASE 2

Page 1 ends

RECORDING REQUESTED
BY AND RETURN TO:

CITY OF CERES

DEPARTMENT OF

COMMUNITY DEVELOPMENT

AND PLANNING
2220 Magnolia Street
Ceres, CA 95307
Attn: Christopher Hoem

SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE CAMBRIDGE ESTATES SUBDIVISION, PHASE 2

THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is entered into on May 9, 2022, (“Effective Date”) by and between the City of Ceres, a political subdivision of the State of California, hereinafter referred to as "City," and Bright Development, a California Corporation, hereinafter referred to as "Subdivider."

RECITALS

This Agreement is made with respect to the following facts, which each party acknowledges as true and correct:

A. Subdivider is the owner of and intends to subdivide or sell to another subdivider that certain tract of land situated in the City of Ceres, California, generally known and described as Vesting Tentative Map No. 18-01, approved by the Planning Commission on May 7, 2018, more particularly described on Exhibit "A" attached hereto ("Subdivision.")

B. Subdivider has presented to City, for approval and recordation, a final map of the Subdivision.

C. Subdivider is required to satisfy certain conditions of development after the filing of the final map, specifically Subdivider and its successors are required to construct certain improvements as specified in the Conditions of Approval, more particularly described on Exhibit “B” attached hereto.

D. Subdivider has prepared, and the City has approved, complete Improvement Plans for the construction, installation and completion of the improvements.

E. City and Subdivider desire to assure that all Improvements will be constructed in accordance with the Improvement Plans, the Conditions and Specifications, the Ceres Municipal Code and Design Standards, and the Subdivision Map Act, and that all remaining conditions of development are performed or satisfied within the time set forth herein.

ITEM 10

SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE CAMBRIDGE ESTATES SUBDIVISION, PHASE 2

Page 2 ends

NOW, THEREFORE, in consideration of the approval and recording of the final map, and the mutual covenants and agreements contained herein, the parties agree as follows:

1. Definitions

1.1. “City Council” shall mean the City Council of the City of Ceres.

1.2. “City Attorney” shall mean the City Attorney of the City of Ceres.

1.3. “City Engineer” shall mean the City Engineer (Director of Engineering) of the City of Ceres.

1.4. "Acceptance of the Improvements" or "Accept(s) the Improvements" means the City Council’s formal acceptance of the Improvements or adoption of a resolution reflecting that the Improvements are complete and meet the requirements of the Conditions and Specifications.

1.5. "Improvements" includes the Improvements required by the Conditions and Specifications. Such requirements may include, but are not by way of example limited to: road and street improvements, median islands, sidewalks, curbs, gutters, street signs, street striping, sanitary sewer system, water system, fire hydrants, street lights, monuments, other facilities, structures, grading, mitigation measures or conditions of development.

1.6. "Improvement Plans" the plans and specifications applicable to the Subdivision that have been approved by the City on February 3, 2022 with revisions on various dates including most recently the Grading and Drainage Plan stamped on April 25, 2022.

The Improvement Plans are on file with the City Engineer and are incorporated into this Agreement and made a part hereof.

1.7. "Conditions and Specifications" includes the Improvement Plans, the latest version of City of Ceres Design Standards as amended from time to time, the Ceres Municipal Code, all applicable laws, rules, regulations, ordinances, policies, resolutions, mitigation measures, planned development guidelines, zoning restrictions, conditions of development, and tentative map conditions. A copy of the tentative map conditions (PC Resolution 18-12) is attached hereto as Exhibit "B".

1.8. "Subdivision Costs" includes all labor, materials, equipment, and costs associated with the construction, installation, and completion of the subdivision.

1.9. “Subdivision Fees” includes all fees imposed or required by the Conditions and Specifications.

1.10. The documents comprising this Agreement consist of this Agreement and its attachments and the Improvement Plans.

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2. Scope of Work

2.1. Subdivider shall to the satisfaction of the City construct, install and complete, at Subdivider's sole cost and expense, all Improvements in accordance with the Conditions and Specifications.

2.2. Subdivider shall perform or satisfy, in a timely manner, any work or act to be performed as set forth in the Conditions and Specifications.

2.3. If the approved tentative map is amended, Subdivider must also apply for and obtain an amendment of this Agreement.

2.4. At the Subdivider’s sole cost and expense, Subdivider shall install subdivision monumentation in accordance with the Subdivision Map Act and to the satisfaction of the City.

2.5. A copy of the Cost Estimate for the construction of the improvements is attached hereto as Exhibit “C”.

3. Improvement Security

3.1. Subdivider has filed with the City an “Improvement Security” in the form of a cash deposit, a letter of credit, or a bond from a California admitted surety, pursuant to Ceres Municipal Code §17.09, in an amount determined by the City pursuant to Government Code §66499 through §66499.10, as both faithful performance and payment securities. The Improvement Security shall be delivered in the amount of 100% of the Subdivision Costs to guarantee construction and installation of all the Improvements, and to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the Improvements.

3.2. The Improvement Security must be in a form approved by the City Attorney and in accordance with Government Code §66499.1 include a guarantee of (a) faithful performance of all of the provisions of this Agreement; (b) the performance of any changes or alterations in such work provided; (c) the guarantee and warranty of the work for a period of one year following Acceptance of the Improvements, against any defective work or labor done or defective materials furnished, in the performance of this Agreement; (d) costs and reasonable expenses and fees, including reasonable attorneys' fees; and, (e) payment for the contractor, subcontractors, and persons renting equipment or furnishing labor or materials to them for the work required pursuant to this Agreement.

3.3. The Improvement Security shall reflect the requirements of Government Code §66499 through 66499.10, and any provisions of the Bond and Undertaking Law (Code of Civil Procedure §995.010- 995.190) that are not inconsistent with those Government Code sections.

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SUBDIVISION IMPROVEMENT AGREEMENT
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3.4. Subdivider shall deliver a Warranty Bond or security to the City in a form approved by the City Attorney in the amount of 10% of the Subdivision Costs, which shall guarantee and warrant all work for a minimum of one year following the completion and acceptance thereof by the City Council against any defective work or labor done, or defective materials furnished, and to maintain such work to the satisfaction of the City. In the event any work or materials are identified as defective and the infrastructure is replaced, the period of warranty shall be extended for an additional one year upon acceptance by the City Council for that portion of the work. The amount of that extended warranty will equal the costs and fees associated with the replaced infrastructure.

3.5. Subdivider shall deliver a cash deposit in the amount of 2% of the Subdivision Costs, or $3,120, whichever is greater, to secure the estimated costs related to the inspection of the Improvements. If the costs of inspection exceed the deposit, the Subdivider shall deposit an additional amount as determined by the City. Any balance remaining upon completion and acceptance of the Improvements will be refunded to Subdivider.

3.6. Subdivider shall deliver a Monumentation Security in the form of a cash deposit in the amount of 100% of the estimated cost for the installation of survey monuments.

The Monumentation Security shall be released upon certification by the Subdivider’s surveyor that the monuments have been set and the surveyor has been paid.

3.7. Subdivider shall within 30 days give notice of the event and provide additional or new security to the City in the following circumstances:
a. In the event any changes or alterations in the construction of the Improvements exceed 10% of the original estimated Subdivision Costs. b. Upon the transfer of 50% or more of Subdivider’s ownership of the Project. c. As a condition of any extension of time for the completion of the Improvements, a new estimate of the Subdivision Costs shall be prepared by the Subdivider and require approval by the City Engineer, and Subdivider shall provide new security in an amount determined in accordance with paragraph 3.1 above.

3.8. Subdivider shall submit to the City a cash deposit in the amount of $39,900 to ensure the construction, at Subdivider’s sole cost, of a 7-foot tall chain link fence with slats along the eastern boundary of the subdivision and adjacent to the four adjoining properties to the east. The cash deposit will be remitted to the Subdivider upon request by the Subdivider and acceptance of the constructed fence by the City Engineer.

4. Completion

4.1. Subdivider shall complete all Improvements within two (2) years from the date of this Agreement in a good and workmanlike manner in accordance with accepted construction practices and in a manner equal or superior to the Conditions and ITEM 10

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Specifications, and, where there is a conflict among any of the individual Conditions and Specifications, the stricter requirement shall govern.

4.2. Once begun, all work on the Improvements shall be completed within one (1) year from the start of construction. The time for the completion of the Improvements may, in the sole discretion of the City Engineer, be extended for good cause, upon application by the Subdivider.

4.3. If Subdivider fails to complete the Improvements within the period stated in paragraphs 4.1 and 4.2 above, the Subdivider shall not proceed further with any work on the improvements unless and until written approval to do so is obtained from the City Engineer. At the discretion of the City Engineer, the Improvement Plans are subject to additional review and may require items to be redesigned to meet new environmental conditions or updated City of Ceres Design Standards, the Ceres Municipal Code, all applicable laws, rules, regulations, ordinances, policies, resolutions. Subdivider agrees that and consents to the following: if the work on the Improvements is not completed on time, is defective or deficient, or is not completed in accordance with accepted construction practices and the Conditions and Specifications, or if Subdivider abandons the project, or the Subdivider otherwise fails to perform its obligations herein, the City may take any appropriate action to enforce the terms of this Agreement, including but not limited to:

4.3.1. Exercising the City’s rights to the Improvement Security;

4.3.2. Completing the Improvements and recovering all Subdivision Costs and Fees associated with the completion of the Improvements from Subdivider or from the Improvement Security;

4.3.3. Instituting proceedings for reversion to acreage pursuant to Government Code §66499.12, et seq.

4.4. Any time period set forth in Paragraphs 4.1 and 4.2 may be extended in the reasonable discretion of the City Engineer upon request by the Subdivider. In making such a request, Subdivider should provide information supporting Subdivider’s diligence and good faith.

5. Improvement Plan Warranty

5.1. Subdivider warrants that its Improvement Plans are adequate to accomplish the work in accordance with the Conditions and Specifications, and, if at any time before the Acceptance of the Improvements, the Improvement Plans prove to be inadequate in any respect, Subdivider shall make changes necessary to complete the work required in accordance with the Conditions and Specifications.

6. Guarantee, Warranty and Maintenance

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6.1. Pursuant to Section 3 above, Subdivider guarantees and warrants that the work to be performed pursuant to this Agreement will be free from defects and will meet the requirements of the Conditions and Specifications.

6.1.1. Subdivider shall maintain, repair, replace defective, stolen or damaged work or materials and work that does not meet the requirements of the Conditions and Specifications.

6.1.2. Subdivider shall be responsible for any Subdivision work or Improvements damaged by Subdivider, its contractors or builders, before or after the City Council Accepts the Improvements or accepts the work.

6.1.3. The guarantee and warranty in Paragraphs 6.1, 6.1.1, and 6.1.2 shall extend for a period of one year after Acceptance of the Improvements and shall be secured for one year after Acceptance of the Improvements by a bond, cash, or letter of credit, in a form and in amounts acceptable to the City.

6.2. Included in the Subdivider’s guarantees and warrants, the City Engineer and their designees shall have access to inspect all Improvements required by this title during the period of one year after City Council Acceptance.

6.3. Any damage to public streets or other public infrastructure, which may reasonably be expected to result from construction activities for subdivision improvements, required by this title, including the importing or exporting of earth for grading purposes, shall be repaired at the Subdivider’s expense.

7. Fees and Costs

7.1. Subdivider shall pay when due all Subdivision Costs and Fees.

7.2. Subdivider shall pay for the cost of relocating any existing utilities or poles as may be required in the Conditions and Specifications.

8. Inspections

8.1. It is the responsibility of the Subdivider to request inspections as needed to ensure that the Improvements conform to the Conditions and Specifications. The City reserves the right to inspect all Improvements at any time. The Subdivider shall pay the City for the cost of all inspections pursuant to the City’s adopted fee schedule.

8.2. The City Engineer shall have the right to reject any or all of the Improvements to be performed under this Agreement if the Improvements do not conform to the Conditions and Specifications.

8.3. Inspection of the work required under this Agreement or any statement by any officer, agent, or employee of the City indicating the Improvements or any part thereof comply with the requirements of this Agreement, or Acceptance of the Improvements, shall not relieve Subdivider of the obligation to perform the work in ITEM 10

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accordance with this Agreement; nor shall the City be thereby estopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.

9. Indemnity

9.1. Subdivider shall defend, indemnify and hold harmless the City from any and all claims, losses, damages or liability arising out of or relating in any way to this Agreement or to the Subdivision, except the active negligence or willful misconduct of the City.

10. Insurance

10.1. Upon approval of this Agreement and within five (5) business days of the Effective Date, the Subdivider shall procure and maintain at Subdivider's expense for the duration of this Agreement the following insurance:

General liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project, or the general aggregate limit shall be twice the required occurrence limit.

Auto liability: Owned/Non-owne
d automobile liability insurance providing combined
single limits covering bodily injury liability with limits of no less than Two Million Dollars ($2,000,000) per accident, and providing property damage liability of no less than One Hundred Thousand Dollars ($100,000) per accident.

Workers' Compensation: Workers' Compensation insurance as required by the Labor Code of the State of California.

10.2. Requirements of All Insurance: Al l insurance required herein is expressly subject to the following:

10.2.1. Th
e insurance coverage shall contain, or be endorsed to contain a provision stating that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to and approved by the City.

10.2.2. Insurance shall be placed with California admitted insurers with a Best's rating of no less than A-:VII; provided, however, that if no California admitted insurance company provides the required insurance, it is acceptable to provide the required insurance through a United States domiciled carrier that meets the required Best’s rating and that is listed on the current List of Eligible Surplus Line Insurers maintained by the California Department of Insurances.

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10.2.3. Prior to performing any term or condition of this Agreement, Subdivider shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements shall be received and, in City’s sole and absolute discretion, approved by City before any term or condition of this Agreement is performed by Subdivider. City reserves the right to require complete copies of all required insurance policies and endorsements, at any time.

10.2.4. Subdivider shall require that all of its contractors and subcontractors be subject to all of the indemnity and insurance requirements stated in this Agreement.

10.2.5. The limits of insurance described herein shall not limit the liability of Subdivider and Subdivider's agents, representatives, employees, contractors or subcontractors.

10.2.6. All deductibles, self-insured retentions or named insured’s must be declared in writing and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insured’s; or the Subdivider shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses.

10.3. Requirements of General Liability and Auto Liability Insurance: The general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:

10.3.1. The
Subdivider shall provide a specific endorsement naming the City and City's officers, officials, employees, and volunteers as insured’s regarding: liability arising from or in connection with the performance or omission to perform any term or condition of this Agreement by or on behalf of the Subdivider, including the insured's general supervision of the Subdivider; services, products and completed operations of the Subdivider; premises owned, occupied or used by the Subdivider; and automobiles owned, leased, hired or borrowed by the Subdivider.

The coverage shall contain no special limitations on the scope of protection afforded to the City or City's officers, officials, employees, or volunteers.

10.3.2. The Subdivider's insurance coverage shall be primary insurance regarding the City and City’s officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or City's officers, officials, employees, or volunteers shall be excess of the Subdivider's insurance and shall not contribute with Subdivider's insurance.

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10.3.3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City or City's officers, officials, employees, or volunteers.

10.3.4. The Subdivider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

10.4. Requirements of Workers' Compensation Insurance: The Worker's Compensation insurance coverage shall contain, or be endorsed to contain, that insurer shall agree to waive all rights of subrogation against the City and City's officers, officials, employees, and volunteers for losses arising from the performance of or the omission to perform any term or condition of this Agreement by the Subdivider.

11. The Subdivision Site

11.1. The Subdivider, its contractors, and builders shall keep the Subdivision property clean and free of debris. No construction materials shall be stored in, on or along any public right of way.

11.2. It is the responsibility of the Subdivider to record existing conditions of the Subdivision property and areas immediately adjacent. The Subdivider shall be liable for any damage to infrastructure resulting from construction activities.

12. Assignment

12.1. This Agreement shall not be assigned by Subdivider without the prior written consent of the City, which shall not be unreasonably withheld, delayed or conditioned.

12.2. Upon an approved assignment, Subdivider’s obligations under this Agreement may be transferred through a written Assignment and Assumption Agreement.

13. Runs with Land and Recordatio
n

13.1. This Agreement and all obligations of the Subdivider herein shall run with the land and is binding on the Subdivider's heirs, successors and assigns.

13.2. The Subdivider and its heirs, successors and assigns shall inform potential buyers of parcels of land created by the underlying subdivision of the obligation created by this paragraph on successors and assigns to complete the improvements pursuant to this Agreement. Subdivider and its heirs, successors and assigns shall provide copies of this executed agreement to those potential buyers.

13.3. In the absence of an approved assignment, Subdivider acknowledges and agrees that the sale of all or any portion of the subdivision shall not relieve the Subdivider from its obligations herein. In the absence of an approved assignment, Subdivider agrees that it shall have the obligation, in addition to and concurrent with the obligation of its successors and assigns, to maintain the securities set forth in this Agreement until either all obligations under this Agreement have been completed, or the execution of ITEM 10

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a replacement agreement and deposit with the City of replacement securities by the Subdivider’s heirs, successors or assigns.

13.4. The City shall cause this Agreement to be recorded with the County Recorder.

14. Notice of Co mpletion and As Built Drawings

14.1. Subdivider shall execute, acknowledge, and record in the manner provided by law, a notice of completion of the Improvements within 10 days after the Department of Engineering provides written notice to the Subdivider that it has passed the final inspection.

14.2. Upon completion of the Improvements, the Subdivider's Engineer shall supply to the City one mylar set of "as built drawings." These drawings shall be certified on each page by a Registered Civil Engineer as being "as built drawings" and shall reflect the job as actually constructed, with all changes incorporated therein.

15. Acceptance of the Improvements and Occupancy

15.1. The City Council will not release the Improvement Security until all Improvements are completed to the satisfaction and acceptance of the City in accordance with the Conditions and Specifications.

15.2. All required off-site improvements must be completed prior to or concurrently with on-site work. The City Building Division shall not provide final inspection or occupancy approval of any structure within the Subdivision until all Improvements have been completed to the satisfaction of the Department of Engineering and accepted by the City Council in accordance with the Conditions and Specifications.

The Subdivider expressly agrees that any structures or residences within the Subdivision shall not be occupied until all Improvements have been completed and accepted by the City Council in accordance with the Conditions and Specifications.

The Subdivider shall provide a written disclosure of the occupancy restriction to all purchasers of Subdivision property.

15.3. The Improvement Security shall be released in whole or in part in the manner set forth in Government Code §66499.7. Prior to releasing the payment security in whole or in part in the manner set forth in Government Code §66499.7, the Subdivider shall provide the City with a mechanics lien guarantee to the benefit of the City of Ceres in the amount of the payment bond, which is dated at least 35 days after recordation of a Notice of Completion. The release shall not apply to any required guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees.

15.4. Subdividers’ construction of the Improvements and the City’s approvals of the Improvements shall be done consistent with each the Subdivider and City’s duties to act reasonably and consistent with their obligations of good faith and fair dealing.

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SUBDIVISION IMPROVEMENT AGREEMENT
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16. Effective Date of Agreement

16.1. This Agreement shall not become effective unless and until the final map is accepted for recordation by the County Recorder of the County of Stanislaus.

17. Improvement Plans

17.1. Improvement Plans for the Subdivision are attached as Exhibit "D".

18. General Terms

18.1. Any dispute concerning this Agreement, or any action brought to enforce the terms and conditions of this Agreement, shall be submitted to a court of competent jurisdiction in the County of Stanislaus, State of California.

18.2. Any notices concerning this Agreement shall be mailed as follows to:

To City:

City of Ceres
Department of Community Development
2220 Magnolia Street
Ceres, CA 95307

To Subdivider:

Bright Development., a California Corporation
Attn: Legal Department
1620 N Carpenter Rd, BLDG B
Modesto, CA 95351

18.3. If any section sentence, clause or phrase of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain effective and enforceable to the fullest extent allowed by law.

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SUBDIVISION IMPROVEMENT AGREEMENT
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the dates indicated below.

Dated:

CITY OF CERES

By _______________________
Javier Lopez
Mayor
City of Ceres,
a Municipal Corporation
Dated: _________________, 2022

SUBDIVIDER

By _______________________
Loura N. Erickson
Vice-President
Bright Development,
a California Corporation

ATTEST

By _______________________
Annabelle Aguilar
Interim City Clerk

APPROVED AS TO CONTENT

By _______________________
Christopher Hoem
Community Development Director

APPROVED AS TO FORM

By _______________________
Tom Hallinan
City Attorney

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EXHIBIT “A”

Property Legal Description

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EXHIBIT “B”

Tentative Map Conditions of Approval. PC Resolution 18-12

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EXHIBIT “C”

Cost Estimates

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EXHIBIT “D”

Improvement Plans

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The section below if for your information only.

Note to Subdivider:

1. Execute acknowledgment form and sign this
Agreement before a Notary Public; and

2. If a corporation, (a) attach a certified copy of the Bylaws or the Resolution of the Board of Directors
authorizing execution of this contract and the bond
required hereby; and (b) the corporate seal must be
affixed to the Agreement.

3. Required Exhibits: Ex hibit A is a legal description of the subdivision. This will be the book and page this map is recorded in. Exhibit B is a copy of all tentative map conditions, including any revised tentative map
conditions. Exhibit “C” is the Cost Estimate and Exhibit "D" is a list of Special Conditions.

Tha
nk you.

ITEM 10
ITEM 10
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.

ITEM 10
ITEM 10
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.

ITEM 10

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 10
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 10
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 10
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 10
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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Commencing at the northeast corner of Lot 1 of Cambridge Estates as shown on the map recorded in Book 40 of Maps, Page 10, Stanislaus County Records; said point lying on the south line of Hackett Road (60 feet wi de); thence South 89° 52’ 10” East 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 feet ; 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 15 0.00 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 di stance 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.

Pursua
nt to Lot Line Adjust ment recorded March 18, 2003, Instrument No. 2003- 0041443-00, Official Records; and,
WHER
EAS, the Planning Commission held a duly noticed pu blic hearing on July 20, 2020, at 6:00 p.m. and considered the appropriate documents regarding the potential environme ntal 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. A two (2 )
year t ime extension for the previously approved 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. A two (2 )
year time extension for the prev iously approved 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. A two (2 )
year time extension for the previously approved Vesting Tentative Subdivision Map will have no adverse effect on surrounding properties.

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4. A two (2 ) year time extension for the previously approved Vesting Tentative Subdivision Map will not endanger any wildlife or wildlife habitat.

5. The condi
tions stated in the two (2 ) year time extension for the previously approved Vesting Tentative Subdivision Map entitlement are deemed necessary to protect the public health, safety, and general welfare.

6. None of the m
andatory findings for denial within the State Subdivision Map Act (Section 66474) apply to this proposal.

NOW, T
HEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows:

Section

1. The Planning Commission hereby confirms that the original project was adopted with a Mitigated Negative Declar ation per the requirements of CEQA and that approval of the two (2) year time extension is not subject to further environmental review.

Secti
on 2. The time extension for Vesting Tentative Subdivision Map 18- 01 is hereby extended for a period of two (2) year subject to compliance with all conditions of the original approval which are contained in this resolution and attached as Exhibit “A” and on file in the Planning and Building Division, and shall be binding on all heirs, assignees, and successors in interest of said property.

Secti
on 3. The Director of Community Development or designee is hereby directed to record this Resol ution at the office of the County Recorder of the County of Stanislaus.

Secti
on 4. The conditions of project approval set forth herein directly or by reference include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020 (d) (1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the ninety (90) day appeal period in which you may protest these fees, dedications, and reservations other exactions, pursuant to Government Code Section 66020 (a), has begun. If you fail to file a protest within this ninety (90) period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exaction.

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EXHIBIT “A”

CONDITIONS OF APPROVAL

Vesting Tentative Subdivision Map # 18-01 Time Extension

City of Ceres

1200 & 1206 Hackett Road, Ceres, CA, 95307

Prepared: July 8, 2020
Approved by the Planning Commission: July 20, 2020
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A

A. PROJECT AUTHORIZATION

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 time extension for the previously approved Vesting Tentative Subdivision Map shall expire within 24 months (July 20, 2022) unless a Final Map is filed by July 20 , 20 22, or a re quest for a second time extension is received by the City prior to expiration of the permit and approved by the Planning Commission. IT SHALL BE THE

RESPONSIBILITY OF THE APPLICANT/PROPERTY O WNER TO BE

AWARE OF THE EXPIRATION DATE OF THIS ENTITLEMENT AND

TAKE THE NECESSARY STEPS TO ENSURE THE APPROVAL OF
THIS ENTITLEMENT REMAINS VALID. IT SHALL NOT BE THE CITY

OF CERES RESPONSIBILITY TO NOTIFY THE
APPLICANT/PROPERTY OWNER OF THE PROJECT’S EXPIRATION
DATE. IF AN APPROVED ENTITLEMENT EXPIRES, THE

APPLICANT/PROPERTY OWNER SHALL BE REQUIRED TO SUBM IT
A NEW APPLICATION REQUEST FOR THIS PROJECT.

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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 Planning and Building Division:

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 th e 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.

2. Prior to approval of the final map, the applicant shall complete or guarantee completion in a form satisfactory to the Engineering Services Department , any required improvements for this entitlement to the satisfaction of the City which may include, bu t are not be limited to: ensuring 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 Tenta tive Subdivision Map shall create 38 residential lots on

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.

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.

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8. Hackett Road shall be improved from centerline with 20 f eet 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 - 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.

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.

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17. This subdivision shall connect to City storm drain system consistent with th e 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 ex
isting utilities shall be properly abandoned or relocated.

20. The subdi
vider 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 format. Additionally, the record construction drawings shall also be provided on 5mil mylar.

22. All ex
isting dwellings, structures and plumbing across property line shall be removed prior to filing the final map.

23. All i
nterior 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 wate
r 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 exi
sting 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 devel
oper 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.

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29. The applicant shall comply with the requirements of the Turlock Irrigation District letter dated February 27, 2015.

30. The appli
cant 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. Develop
ment 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 map amended by the applicant to reflect any changes indicated above in the Project Specific Conditi ons or required by the City i n 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 a mended map will result in a delay in processing and/or approval of the final map.

2. The Plan
ning 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 devel
oper 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, inc luding 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 ITEM 10
adjusted yearly based on the construction cost index or other method as approved by the City.

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 re maining 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.

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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 t he 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 re quired for this project shall be recorded concurrent with recordation of the final map.

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.

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.

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 wel ls are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per County requirements.

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13. All haul routes shall be approved by the City Engineer. Haul routes shall be limited to graded area only.

DURING CONST

RUCTION, 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 Departm ent, the Police 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 develop
er 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 s
oil 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. Suffi
cient surety guaranteeing any required public improvements for a period of one year shall be provided.

19. If ther
e 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 appli
cant 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 Di strict Fees, and Ceres Unified School District fees for any new dwelli ng units . These fees are adjusted ITEM 10
annually. The applicant shall pay these fees in place at the time the building permit is issued.

3. All c
onstruction shall meet the requirements of the currently adopted California Building Code, and disability accessibility as approved by the Building Division.

4. Constr
uction of all improvements shall be completed by licensed contractor(s).

Fire Division
The applicant shall comply with the requirements of the Fire Division whi ch may include, but are not limited to:

1. Fire hy
drants 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 sing
le-family residences shall be designed to include fire sprinklers to the satisfaction of the Fire Chief.

3. A mini
mum of 24-hour notice is required for all inspections.

4. The appli
cant 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:\PLANN
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OWNER'S STATEMENTCLERK 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
R DG
GDR ENGINEERING, Inc.

CERTIFICATE OF ACCEPTANCE

CITY CLERK'S CERTIFICATE

PRELIMINARY - FOR AGENCY REVIEW

PRELIMINARY - FOR AGENCY REVIEW
ITEM 10
17 34 35
36 37
38 39
40 7 6 5 4
18 33
19 32
20 31
21 30
22 29

B L O C K
4 1 2 1
4 3 2
1 1110
9 567
BLOCK
4123
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 BRIA DRIVE
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
32116
15 14
8 9
1011
12 13

B L O C K
4 1 2 1
B L O C K4 1 2 3

SAN PEDRO NORTH UNIT
NO. 2 (43-M-73)

B L O C K
4 1 3 8

BROWN ESTATES UNIT
NO. 3 (39-M-87)
11 B L O C K
4 1 3 9

C A M B R I D G E E S T A T E S I I
P H A S E 1 (4 1 - M - 9)
BLOCK
4121

B L O C K
4 1 3 1
B L O C K 4 1 3 0
BLOCK
4130
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
R
G
D
LEGEND

GENERAL NOTES

ABBREVIATIONS REFERENCE DOCUMENTS
R DG
GDR ENGINEERING, Inc.

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 10
173435
36 37
38 39
40 7
6 5
4 1833
1932
2031
2130
2229
BLOCK
4121
(41-M-9)
4 3
2 1
11 10 9
BLOCK 4123
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
876
5 13121110987654321
16151413121110
9 8
3 2
1 16
15 14
8 9
10 11
12 13
B L O C K 4 1 2 1

B L O C K
4 1 2 3

GURU DRIVE

GURU COURT

HACKETT ROAD
BLOCK 4121

C A M B R I D G E E S T A T E S I I
P H A S E 1 (4 1 - M - 9)
B L O C K 4 1 3 8
11 B L O C K 4 1 3 1
B L O C K 4 1 3 0
BLOCK 4130

BRIA DRIVE

LINE TABLE

LINEDIRECTIONLENGTH

CURVE TABLE

CURVERADIUSLENGTHCHORDDELTA

SITE 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 2
R
G
D
R DG
GDR ENGINEERING, Inc.

MORGAN ROAD
ITEM 10
ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 9, 2022
TO:

FRO
M:

CONTA
CT:

SUBJECT:

Mayor and City Council
Alex Terrazas, Interim City Manager
Alex Terrazas, Interim City Manager
[email protected], (209) 538-5751
Resolution No. 2022-42, Ratifying the Appointment of
Delilah
Vasquez to the Position of Director of Human
Resources
RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council adopt the resolution ratifying the appointment of Delilah Vasquez to the position of Director of Human Resources and approving the employment agreement.

I. BACKGROUND:

The Director of Human Resources position has been vacant since January 2022. The recruitment process to fill the position has been concluded and Delilah Vasquez has been selected to fill the position. Ms. Vasquez was selected from a pool of highly qualified applicants and has undergone an interview process with an interview panel, a follow up interview with the City Manager and checking of references. Ms. Vasquez has been offered the position pending ratification of the appointment and approval of the employment agreement by the City Council.

II. REASONS FOR RECOMMENDATION:

Ms. Vasquez comes to the City with extensive experience in Human Resources management and is currently the Assistant Director for the Stanislaus County Community Services Agency.

Ms. Vasquez is currently responsible for overseeing approximately 600 employees and responsible for managing the daily operations of the Agency. Ms. Vasquez’s experience also includes 3 years of service working in the Stanislaus County Chief Executive’s Office. Ms.

Vasquez is also a graduate of CSU Stanislaus.

Based on Ms. Vasquez’s professional work experience and educational background staff is recommending the appointment of Ms. Vasquez as Director of Human Resources for the City of Ceres.

ITEM 11
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 Ms. Vasquez 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 Ci
ty Manager will execute the agreement.

Approv
ed by:________ _____________________
Alex Terrazas, Interim City Manager
Attac
hments:

1. Resolution

2. Employment Agreement
ITEM 11
RESOLUTION NO. 2022-42
RES

OLUTION RATIFYING THE APPOINTMENT OF DELILAH

VASQUEZ TO T HE POSITION OF DIRECTOR OF HUMAN

RESOURCES AND APPROVING AN EMPLOYMENT AGREEMENT

THE CITY COUNCIL
City of Cer es
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 M anager has ap pointed Delilah Vasquez to the positio n of D
irector of Human Resources; and,
WHEREAS, t he Employment Agreement has been negotiated with Delilah Vasquez, which sets forth the rights, duties and obligations of the parties, a copy of which Agr
eement 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.

NO
W THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres ratifies the appointment of Delilah Vasquez to the position of Director of Human Reso
urces 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 h
eld on the 9th day of May, 2022 by the following vote:

AYES: Council
Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:
___________
__________________
Javier Lopez, Mayor
ATTEST:
___________
__________________
Annabelle Aguilar, Interim City Clerk
ITEM 11
ITEM 11
1 EMPLOYMENT AGREEMENT

FOR THE DIRECTOR OF HUMAN RESOURCES

This agreement is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “EMPLOYER,” and Delilah Vasquez, 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 malfeasance or dis honesty 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 Human Resources 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 Human Resources.

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 Human Resources

1. Standard of Care: The standard of care for all professional human resource 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
ITEM 11
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 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 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.

ITEM 11
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 she 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 an d 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.

ITEM 11
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.

ITEM 11
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. In recognition of Employee’s years of experience in city management, Employee shall accrue 6.15 hours per pay period (20 days). After five (5) years of continued employment, Employee shall accrue 7.69 hours per pay period (25 days).

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.

ITEM 11
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 t en (10) management leave days eighty (80) 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 11
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.

ITEM 11
8 K. 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.

L. 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%).

SECTION VII - GENERAL PROVISIONS

1. The text herein shall constitute the entire agreement between the parties.

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.

ITEM 11
9 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 .

Dated: Dated:

CITY OF CERES, EMPLOYER

By:

Alex Terrazas, City Manager

Delilah Vasquez, EMPLOYEE

APPROVED AS TO FORM: ATTEST:

Tom Hallinan
City Attorney

Annabelle Aguilar CMC, City Clerk (Seal)
ITEM 11
10 ITEM 11

Ceres City CouncilMay 9, 2022

Ceres City Council
May 9, 2022