Agenda — Ceres City Council, March 27, 2023

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, March 27, 2023 at 6:00 p.m.

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

CALL TO ORDER

Mayor Lopez

ROLL CALL

Mayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra ( District 2); Daniel A.

Martinez (District 4)

INVOCATION

Invocation by Jim Stochl, Harvest Presbyterian.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

Click this link to join the webinar:
https://us02web.zoom.us/j/86439668814?pwd=MzhuOWJuc0hyc3Q5RTRyWElualNuUT09

Webinar ID: 864 3966 8814; Passcode: 627997; or Dial: (669) 900-6833

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

AGENDA
Regular City Council Meeting
March 27, 2023

Page 2 ends

PRESENTATIONS

A. Women’s History Month Proclamation

B. HAVEN Presentation

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

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

APPOINTMENTS TO BOARDS/COMMISSIONS

C. Reappointing an Alternate Member to Stanislaus County’s Economic Development Action Committee Calendar Year 2023.

D. Appointment to the San Joaquin Valley Air Pollution Control District’s Special City Selection Committee for Calendar Year 2023.

E. Reappointing Two (2) Existing Committee Members to the Measure “H” Citizens’ Oversight Committee.

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 Councilmember or public for special consideration.

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

1. Clerks Report of Posting. The agenda of the March 27, 2023 City Council Meeting was Posted on Wednesday, March 22, 2023. (City Clerk)

2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)

3. Approval of Minutes for the March 13, 2023 Regular City Council Meeting. ( City Clerk)

4. Register of Audited Demand(s) Dated March 8, 2023 through March 15 , 202 3. (Dias)
AGENDA
Regular City Council Meeting
March 27, 2023

Page 3 ends

5. General Correspondence – Information Only
a. Public Works Monthly Report for February 2023. (Royal)

6. Resolution No. 2023-33, Authorizing the City Manager to Approve a Firearm Buy Back through LC Action and a Destruction Order of Selected Firearms and Firearm Parts. (Collins)

7. Resolution No. 2023-34, Approving the Part-Time (Non-Regular) Employee Hourly Pay Rate Schedule for Recreation, Effective in the Pay Period Beginning April 2, 2023. (Vasquez)

8. Resolution No. 2023-35, Authorizing Participation in and Approving the Amended and Restated Joint Exercise of Powers Agreement of the Fire Risk Management Services Joint Power Authority. (Vasquez)

9. Resolution No. 2023 -36, Authorizing the City Manager to Approve a Budget Amendment to Allocate Prior-Approved ARPA Funds for Maintenance Operations, Staffing, an d Equipment for the River Bluff Regional Park Lower Terrace Improvements. (Royal)

10. Resolution No. 2023 -37, Accepting ATPL-5241 (072) Safe Routes to School Morgan Road Corridor Improvement Project as Complete, Approving the Balancing Contract Change Order, Authorizing t he Filing of the Notice of Completion, a nd Releasing Retention to the Contractor. (Waugh)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

PUBLIC HEARING

11. Dhillon Villas Mixed Use Project

Resolution No. 2023 -38, Approving a General Plan Amendment (22- 19 GPA) to Change the General Plan Land Use Designation from “CC, Community Commercial” to “HDR, High Density Residential,” for the Property Located at 3106 Mitchell Road. (Hoem)

Resolution No. 2023-39, Adopting a Mitigated Negative Declaration for a General Plan Amendment, Vesting Tentative Parcel Map, and Conditional Use Permit for Two Retail Commercial Buildings (15,230 and 13,782 Square Feet) and a 145-Unit Apartment Complex on Three Proposed Parcels at 3106 Mitchell Road. (Hoem)

*The Ceres Planning Commission considered this proposal at the January 17, 2023 Planning Commission meeting and made a recommendation to the City Council to approve the amendment and declaration by at 3-2 vote.

AGENDA
Regular City Council Meeting
March 27, 2023

Page 4 ends

12. Ordinance No. 2023-1074, An Ordinance of the City Council of the City of Ceres Amending Chapter 9.16, Parks , Public Property, and Public Facilities, of Title 9, Public Peace, Safety and Morals, of the Ceres Municipal Code to Restrict Recreational Fishing in the River Bluff Regional Park Lower Terrace Retention Pond. (Royal)

NEW BUSINESS

13. Resolution No. 2023 -40, Approving the Use of ARPA Funds to Plan and Implement the Ceres Hot Air Balloon Festival and Authorizing Staff to Move Forward with the Expenditures. (Spade)

14. Resolution No. 2023-41, Approving the Use of ARPA F unds to Sponsor the 33 rd
Annual Ceres Street Faire and Authorizing Staff to Move Forward with the Expenditures. (Spade)

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda (p ursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda).

REPORTS
At this time, any Councilmember s or City s taff will make an announcement, or report briefly on his /her activities.

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

CLOSED SESSION

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on April 10, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

AGENDA
Regular City Council Meeting
March 27, 2023

Page 5 ends

Council Agenda:

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

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538- 5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s 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, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, March 22, 2023, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

DECLARING MARCH 2023 AS
WOMEN’S HISTORY MONTH

WHEREAS, in 1981 Congress passed Pub lic Law 97-28, authorizing the President to proclaim the week beginning March 7, 1982, as "Women's History Week”; and

WHEREAS, in March 1987 Congress passed Pu blic L aw 100- 9, designating March as “Women’s History Month”; and

WHEREAS, this month we celebrate the countless pioneering women who have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the civil right s movement, which created a more fair and just society for all; and

WHEREAS, women have played a crucial role in advancing social justice, led in groundbreaking scientific discoveries, and charted bold directions in our foreign policy; and

WHEREAS, Women’s Hist ory Month is a time to uphold women’s achievements, recognize challenges, focus greater attention on women’s rights, gender equality and encourage all people to do their part to bring about positive change.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, C ouncilmembers James Cas ey, Rosalinda L. Vierra, and Daniel A. Martinez , do hereby proclaim March 2023 as “Women’s History Month” in the City of Ceres, t o honor the history and achievements of women in Ceres and across America.

Proclaimed this 27th day of March 2023

___________________________
Javier Lopez, Mayor
ITEM A
ITEM A
General Services
ITEM B
HAVEN Services 3/22/2023
2 HAVEN is a private non-profit that provides healthy alternatives to violent environments. We address the impact of domestic violence, sexual assault, and human trafficking in Stanislaus County. We have been doing that work under different names and different fashions since 1977.

Our services are provided to all genders, gender identities or expressions, sexual orientation, or any immigration status.

Annually, we provide services to over 2,000 survivors of violence at eight locations throughout the county, and general training and community education to over 1,000 attendees.

HAVEN is probably best known for programs that address immediate safety needs such as our 24-hour crisis line, shelter, and hospital response and our legal program that provides restraining order assistance.

ITEM B
HAVEN Services 3/22/2023
3 In addition, we offer individualized case management, peer counseling, and support groups designed to provide individualized support in a survivor’s journey towards safety and healing. That can also include housing assistance to help provide the physical stability that is the core of any safety plan.

All our programs can be accessed by calling our crisis line at 209-577-5980 or our business line at 209-524-4331. You can also learn more about our programs at havenstan.org
We are able to provide services in-person or remotely at either our Modesto or Turlock locations. OR, if you are a student at Stan State, if you are on TANF with the County, or if you are getting services at the Stanislaus Family Justice Center, we have staff at those locations who can provide assistance.

ITEM B
HAVEN Services 3/22/2023
4 We could not do ANY of this
without the support of community
members in Stanislaus County.

Grants cover most, but not all, of
the cost of services, and
community support is vital to
close those gaps for
everything to continue running
smoothly.

This is how grant funding works.

Your support is what keeps us
going. It’s what pays for the core
things that grants won’t cover. It
keeps us in the community
providing these vital services.

Thank you for helping HAVEN
continue its work.

ITEM B

CONTACT INFORMATION
Kathleen Rowe-Glendon, Donor Engagement Specialist.

Phone: 209-284-4732
HAVEN
618 13th Street
Modesto, CA 95354
Business line: 209-524-4331
Crisis line: 209-577-5980
havenstan.org
ITEM B
ITEM B

COUNCIL AGENDA REPORT

CITY COUNCIL

Reappointing an Alternate Member to Stanislaus County’s Economic Development Action Committee for Calendar Year 2023 RECOMMENDED COUNCIL ACTION:

Council concurrence of the 2023 appointment for an alternate to the Economic Development Action Committee (EDAC).

I. BACKGROUND:

Each year, the Mayor makes his recommendations for appointment to various boards, commissions, and committees. At the January 9, 2023 Regular City Council Meeting council approved the 2023 City Council Appointments (Attachment 1). Currently, Mayor Lopez serves on the Economic Development Action Committee (EDAC) as the primary member. Councilmember Vierra was appointed as an alternate; however she is also serving as a Community Representative and cannot serve as both. Councilmember Vierra would like to continue as a Community Member, therefore , another councilmember must be appointed to the alternate seat..

EDAC functions to develop and implement the Comprehensive Economic Development Strategy for Stanislaus County and its nine incorporated cities. The committee serves as a liaison between member jurisdictions and the programs offered by the economic Development Administration that promote permanent employment and economic growth.

EDAC is made up of 21 members consisting of one County Supervisor, nine City Representatives, four Representatives of the Supervisorial Districts and seven Community Representatives.

ITEM C
II. REASONS FOR RECOMMENDATION:

City Council Rules and Procedures and Government Code Section 40605 state that the Mayor shall make all appointments to boards, commissions, and committees. The Council then must ratify, at a public meeting, the Mayor’s appointments.

III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, EDAC will be notified of the appointment of the City’s alternate representative.

Approved by: __________________________
Alex Terrazas, City Manager

Attachments:

Attachment 1: 2023 City Council Appointments
ITEM C
2023 CITY COUNCIL COMMITTEE APPOINTMENTS
The Mayor appoints, with the concurrence of Council, representatives to the following intergovernmental and City boards upon which an elected official of Ceres is required or desired:

Committee 2023 Appointments
1 Christmas Festival Mayor Lopez
Silveira
2 City-Schools Committee Mayor Lopez
Silveira
3 Concerts in the Park Committee Mayor Lopez
Silveira
4 County-City Selection Committee (Mayors) Mayor Lopez
5 East Stanislaus Integrated Regional Water
Management Program (ESIRWSP)
Silveira
Martinez
6 Executive Committee, Central Valley Division,
League of California Cities Mayor Lopez
7 Economic Development Committee Mayor Lopez
Vierra
8 Stanislaus Elder Abuse Prevention Alliance
(SEAPA) Casey
9 StanCOG Policy Board Mayor Lopez
Silveira (alternate)
10 Former Stanislaus-Ceres Redevelopment
Commission Successor Agency City Council
11 Surface Water Joint Powers Authority Board
(SRWA)
Mayor Lopez
Silveira
Vierra (alternate)
12 Airport Advisory Committee
(City staff member)
Senior Planner
Casey (alternate)
13 Tuolumne River Regional Park
Committee
Mayor Lopez
Martinez

ITEM C
Committee 2023
Recommendations
14 Whitmore House Preservation Committee Mayor Lopez
Martinez (alternate)
15 Youth Commission Vierra
16 West Turlock Subbasin Groundwater
Sustainability Agency (JPA)

Silveira
Casey (alternate)

17 Stanislaus Homeless Alliance Casey
Vierra (alternate)
18 Fire Advisory Committee (contract for service) Mayor Lopez Silveira
19 Former Ceres Redevelopment Agency City
Council Successor Agency City Council
20 Ceres Partnership for Healthy
Children
Vierra
Martinez (alternate)
21 Opportunity Stanislaus Mayor Lopez
22 Local Emergency Planning Committee Mayor Lopez
Silveira

Approved by Council on: January 9, 2023
ITEM C

COUNCIL AGENDA REPORT

CITY COUNCIL

Appointment to the San Joaquin Valley Air Pollution Control District’s Special City Selection Committee for Calendar Year 2023 RECOMMENDED COUNCIL ACTION:

Council concurrence of the 2023 appointment to the San Joaquin Valley Air Pollution Control District’s (SJVAPCD) Special City Selection Committee.

I. BACKGROUND:

Each year, the Mayor makes his recommendations for appointment to various boards, commissions, and committees. At the January 9, 2023 Regular City Council Meeting council approved the 2023 City Council Appointments (Attachment 1). However, it was later brought to staff’s attention that SJVAPCD has a Special City Selection Committee that consists of one member selected by a majority vote of the council of each city located within the District. An alternate can be selected to attend if the primary member is unable to attend a meeting. Currently Vice Mayor Silveira serves on the District’s Special City Selection Committee and was appointed January 25, 2021.

The SJVAPCD is a public health agency whose mission is to improve the health and quality of life for all valley residents through efficient and effective air quality management strategies. SJVAPCD is made up of eight counties in California’s central valley. It is governed by a 15-member Governing Board with five of those members being elected City Council representatives.

SB 1548 was signed on September 30, 2008 which created Section 40600.5 of the Health and Safety Code establishing a valley -wide Special City Selection Committee. The committee is charged with making appointments of City representatives to the SJVAPCD Governing Board.

ITEM D
II. REASONS FOR RECOMMENDATION:

III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the District will be notified of the appointment to the Special City Selection Committee.

Approved by: __________________________
Alex Terrazas, City Manager

Attachments:

Attachment 1: 2023 City Council Appointments
ITEM D
2023 CITY COUNCIL COMMITTEE APPOINTMENTS
The Mayor appoints, with the concurrence of Council, representatives to the following intergovernmental and City boards upon which an elected official of Ceres is required or desired:

ITEM D
Committee 2023
Recommendations
14 Whitmore House Preservation Committee Mayor Lopez
Martinez (alternate)
15 Youth Commission Vierra
16 West Turlock Subbasin Groundwater
Sustainability Agency (JPA)

Silveira
Casey (alternate)

Approved by Council on: January 9, 2023
ITEM D

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Reappointing Two (2) Existing Committee Members to the Measure “H” Citizens’ Oversight Committee
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council re -appoint two (2) existing Measure “H” Citizens’ Oversight Committee members to the term commencing July 1, 2023 through June 30, 2026.

I. BACKGROUND:

Ceres Municipal Code section 3.03.160(B)(2) titled “Establishment of Citizens’ Oversight Committee” states:

“The City Council shall solicit Citizens' Oversight Committee members through an open application process or other process as determined by the City Council. Any Ceres resident is eligible to apply for Committee membership, subject to the appointment categories specified above. All applications will be reviewed by the City Council, which will have the authority to make all final decisions on Committee representation, subject to these guidelines.”

The City of Ceres conducted a recruitment for two (2) Measure “H” Citizens’ Oversight Committee (Measure H) vacancies in January 2023. The recruitment had to be extended due to lack of applications received and because of the extension, there were four applicants. The two seats that were being recruited for were both partial terms with one ending June 30, 2023 and the other ending June 30, 2025.

At the January 9, 2023 council meeting, council consensus was reached by approving a sub-committee consisting of Mayor Lopez and Councilmember Vierra to serve on the interview panel. On February 13, 2023 Council appointed Angela Huerta to the seat that expires June 30, 2023, which means she would only serve for a few months before her seat expires. In addition to Angela Huerta’s term expiring, Josh Steel ey’s term expires June 30, 2023 as well.

ITEM E
Due to the difficulty in getting applicants for the Measure H Committee, the sub-committee (Mayor Lopez and Councilmember Vierra) is recommending that Council re-appoints both Angela Huerta and Josh Steel ey to another three- year term, beginning July 1, 2023 as opposed to going through a recruitment process.

II. REASONS FOR RECOMMENDATION:

With the lack of applications received during Measure H recruitments, the sub -committee recommends re-appointing two existing committee members.

Ceres Municipal Code section 3.03.160(B) states, “Members of the Citizens' Oversight Committee shall be appointed by the City Council”
III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

If council elects to not re-appoint two existing committee members, staff will proceed with the recruitment process for two Measure H committee members.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Once appointments are made, those who are appointed shall comply with the following (within 30 days of appointment) and provide the documentation to the City Clerk’s Office:
• File a Statement of Economic Interests (Form 700)
• Comply with AB 1234 – Ethics Code

Approved by: __________________________
Alex Terrazas, City Manager
ITEM E

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)

City Council Chambers, 2701 Fourth Street
Monday, March 13, 2023 at 6:00 p.m.

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

CALL TO ORDER

V
ice Mayor Silveira called the March 13, 2023 meeting to order at 6:00 p.m.

ROLL CALL – Present:

M
ayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra ( District 2); Daniel A.

Martinez (District 4)

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Present Present Absent

INVOCATION

I
nvocation by Tim Giannosa, Big Valley Grace Community Church.

PLEDGE OF ALLEGIANCE

P
ledge of Allegiance was led by Vice Mayor Silveira.

PRESENTATIONS

A. S
tanislaus Arts Council

Stanislaus Arts Council Project Manager, Austin Romito, presented on Heartland Creative Corps grant program.

B. Bridging the Gap

Valley Sierra Small Business Development Center Project Manager, Maisie Silva, and Ceres Chamber of Commerce Vice President, Irene Ortiz present ed on the business resource event.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 13, 2023

Page 2 ends

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

D
ave Pratt spoke regarding the functionality of the map when reporting a code enforcement incident on MyCeres app.

APPOINTMENTS TO BOARDS/COMMISSIONS

N
one

CONFLICT OF INTEREST DECLARATION

N
one

CONSENT CALENDAR

C
onsent Calendar items 5 was removed by Councilmember Martinez.

Action: M otion by Councilmember Martinez , seconded by Councilmember Vierra, approving items 1- 4 and 6- 10. Motion carried 4/0/1 by the following roll call vote:

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes Absent

1. Clerks Report of Posting. The agenda of the March 13, 2023 City Council Meeting was Posted on Wednesday, March 8, 2023. (City Clerk)

3. Approval of Minutes for the February 13, 2023 and February 27, 2023 Regular City Council Meetings. (City Clerk)

4. Register of Audited Demand(s) Dated February 22, 2023 through March 1, 2023. (Dias)

5. Removed for separate consideration.

6. Resolution No. 2023 -26, Approving Acceptance of the Board of State and Community Corrections Officer Wellness and Mental Health Grant Award. (Collins)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 13, 2023

Page 3 ends

7. Resolution No. 2023 -27, Authorizing the City Manager to Approve a Purchase Order with Capitol Ford for the Purchase of a Transit Van for the Ceres Police Crisis Negotiation Team. (Royal)

8. Resolution No. 2023 -28, Authorizing the City Manager to Approve a Purchase Order with Rush Truck Centers of California, Inc. for Two (2) Prior -Year Approved Fleet Replacement Program Purchases and Approving a Budget Amendment to Appropriate Funds. (Royal)

9. Resolution No. 2023-29, Proclaiming the Termination of the Local Emergency Due to the Novel Coronavirus. (City Attorney)

10. Resolution No. 2023 -30, Approving the Stanisl aus Urban County Community Development Block Grant (CDBG) Annual Allocation Agreement between Stanislaus County and the City of Ceres for Fiscal Year (FY) 2022-2023. (Hoem)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item
5: Removed for separate consideration by Councilmember Martinez

Resolution No. 2023-25, Approving a Budget Amendment to Transfer Funds from the AB 109 Board of State and Community Corrections Allocation Fund to the General Fund to Assist Project Resolve with Conducting a County -Wide Survey and to Fund the Ceres Unified School District Lunch Mentoring Program. (Collins)

Councilmember Martinez spoke regarding the dates and locations of schools in the mentoring program.

Vice Mayor Silveira asked for public comment. No one spoke.

Vice Mayor Silveira closed public comment.

Action: M
otion by Councilmember Martinez, seconded by
Councilmember Vierra approving item 5. Motion carried 4/0/1 by the following roll call vote:

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes Absent

UNFINISHED BUSINESS

N
one

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 13, 2023

Page 4 ends

PUBLIC HEARING

N
one

NEW BUSINESS

11. R
esolution No. 2023-31, Nominating a Candidate to the Special City Selection Committee for Appointment to the Governing Board of the San Joaquin Valley Air Pollution Control District – Stanislaus City Seat or Reject all Candidates . (City Manager)

City Manager, Alex Terrazas, introduced the item.

Vice Mayor Silveira asked for public comment. No one spoke.

Vice Mayor Silveira closed public comment.

Council and staff discussion included consequence of rejecting all candidates.

Action: M
otion by Vice Mayor Silveira, seconded by Councilmember Vierra, approving item 11. Motion carried 4/0/1 by the following roll call vote:

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes Absent

12. Resolution No. 2023-32, Authorizing Amendment No. 13 to the Agreements for Professional Consultant Services between the City of Ceres and NV5 Inc. and Authorizing Budget Amendments for Amendment 12 & 13 for the SR99 Service Road & Mitchell Road Interchange. (Waugh)

Director of Engineering Services/City Engineer, Kevin Waugh, introduced the item.

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

John Warren spoke regarding public awareness of the project.

Vice Mayor Silveira closed public comment.

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 13, 2023

Page 5 ends

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes Absent

DISCUSSION ITEMS

N
one

COUNCILMEMBER REFERRALS

N
one

REPORTS

•
Mayor

N/A

• City Council

Councilmember Vierra spoke regarding the Economic Development Action Committee meeting coming later this month and progress o f a mental health awareness presentation with Healthy Families.

Councilmember Martinez reminded everyone of the Easter EGGstravaganza event at the Community Center on March 31, 2023 from 5:30 – 7:30 p.m.

• City Manager

City Manager Terrazas encouraged the public to use the Quick Response (QR) code, displayed during the presentation, for more information on the Bridging the Gap event.

• City Attorney

Nothing to report.

• Departments

Director of Engineering Services/City Engineer Kevin Waugh spoke regarding the progress of Smyrna Park design.

Assistant Fire Chief Tim Tietjen provided an update on storm conditions and encouraged the public to visit www.stanemergency.com t
o stay up to date on weather
alerts.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
March 13, 2023

Page 6 ends

• County Supervisor

Nothing to report.

CLOSED SESSION

13. L
iability Claims , Cal. Gov. Code §54956.95
Claimant: Emily Ontoniel Zepeda
Agency Claimed Against: City of Ceres

REPORT FROM CLOSED SESSION

V
ice Mayor Silveira reported the liability claim was rejected with a 4/0/1 vote.

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on March 27, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

T
here being no further business, Mayor Lopez adjourned the meeting at 6:47 p.m.

_____________________________
Javier Lopez, Mayor

______________________________
By Cristina Aguilar, Deputy City Clerk
for Fallon Martin, City Clerk

Cons
istent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.

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ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4

MEETING DATE: March 27, 2023

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717

SUBJECT: Public Works Monthly Report for February 2023

RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKG
ROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of February 2023.

FACILITY SERVICES:

• Completed 165 Facilities Maintenance work orders including: 113 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 52 preventive maintenance services.
• Gathered quotes for two swamp cooler replacements for Fleet for next year's budget, 2023-2024.
• Gathered quotes for the exterior painting of Legion Hall and the Whitmore House for next year’s budget, 2023-2024.
• Met with IC for the annual servicing of fire extinguishers for all city buildings. • Gathered quotes for the repair of the plumbing and replacement of fixtures for the Roeding Heights Park restrooms for next year’s budget, 2023-2024. • Continued clean- up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, and four (4) Custodians.

ITEM 5a

FLEET SERVICES:

Completed 102 work orders

Fleet, Department 20
• Fleet received five (5) trucks from Downtown Ford, two Rangers for engineering • Three pickups for Parks dept. F250 and two Rangers
• Transit Van for Police dept, Hostage Negotiation Van, Capitol Ford • One F150 (used 2019) from Price Ford for Code Enforcement with Tommy Gate • One reassigned Chevy Silverado to Code enforcement with Tommy Gate • One F550 from Rush Ford for Water Dept Storm maintenance truck

Fire, Department 15
• Repairs on West Port fire engine repaired
• 90 Day inspection on fire tender truck

Police, Department 10
• Serviced 12 patrol units
• Warranty repairs on 4 patrol units
• 16 non service related repairs

Streets, Department 30
• Versa Lift (bucket truck) back in service from dealer, high pressure fuel pump R&R

Water, Department 35
• N/A

Parks, Department 40
• Toro mower had electronic display replaced & programmed by Toro, no warranty • Parks F550 dump truck repairs were completed and returned to service by Fleet

Wastewater, Department 25
• Vaccon sewer truck is out for repair at Bonander truck, under warranty. • Large John Deere tractor had def tank & heating unit replaced by Fleet

Facilities, Department 41
• N/A

Emergency and non-emergency City vehicles and equipment is maintained and repaired by one (1) Supervisor, one (1) Sr. Maintenance Mechanic , and two (2) Maintenance Mechanics.

ITEM 5a

LANDSCAPE MAINTENANCE:

Completed a total of 235 service requests in the following categories:
• Bike Path Repairs: 0
• City Grounds Maintenance: 53
• Park Landscape and Maintenance: 155
• Parks Landscape chemical usage: 0 gallons Parks / Grounds • Playground and Equipment Repairs; All parts for several playgrounds ordered 120-day plus on arrival
• Playground and Equipment Inspections: 3
• Right of Way (ROW) Irrigation Repairs: 19 sprinklers • Park Trees: 54 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 22 • Total Graffiti Vandalism & Repair cost is $5,000.00 for the month of February alone
Parks sprinklers repaired or replaced:

• Barry Grove – 2 maintenances
• Costa Fields – 6 maintenances
• Don Pedro – 2 vandalisms
• Independence – 0
• Dog Park – 1 maintenance
• Neel Park – 1 vandalisms
• Persephone – 2 maintenances
• Redwood – 2 maintenances
• Riverbluff – 5 vandalisms, 6 maintenances
• Riverview – 1 maintenances
• Roeding Heights – 2 maintenances
• Sam Ryno – 6 maintenances
• Smyrna – 10 maintenances
• Strawberry – 0
• Whitmore – 1 maintenances
Parks General Maintenance/Repairs:
• Maintenance on 2 Wells for winter
• Power washed Smyrna, River Bluff and Sam Ryno parks
• Graffiti removal at Sam Ryno (4), Strawberry (3), River Bluff (4), Roeding (3), Neel (1), Persephone (1), Smyrna (8), Don Pedro (3) and Independence (1) parks Grid Prune by West Coast Arborists (WCA)
• Grid # 3 2020-2021 100% - Complete with 2,343 trees pruned • Gird # 4 2021=2022 99% - Completed with 2,450 trees pruned so far • Grid # 2 2022 – 2023 Started in July 45% completed
ITEM 5a
• Grid # 1 & 5 uncompleted with a total of 8,571 trees unpruned • Pending: 167 High Risk, 11 Removals and 56 Trims from July forward • Grid Prune has exhausted approved ARPA funds and has been put on hold until next year’s budget is available, FY 2023-24
Grounds
Rights of Way (ROWs):
• Faith Home; modifying enclosure of backflow device in order to make it vandal- proof, due to past vandalisms backflows need to be reinstalled • River road; backflow devices stolen
• Morgan roundabout; damaged from two (2) separate vehicle accidents causing artificial grass to need replacing/readjustment
• Re-staked 6 trees along Eastgate and 2 trees along Fowler Road; 3 trees damaged by vandalism
Sam Ryno:
• Closed off 2-5 age (small child) playgrounds due to vandalism, repaired twice. • Vandalism of 5-12 barricades repeatedly put on top of covered area Neel dog park
• Trimmed 8 trees
Smyrna Park:
• Re staked 4 trees along Presidential walkway due to vandalism • Old restroom storage area being cleaned out for Grant work to park Riverview Park:
• 6- 12 age Playground damaged due to fire in slide, parts ordered possible 6-month delivery time. 6 months install + upon deliver Authorized repairs waiting on contractor.

River Bluff Park:
• Playground area - replaced 2 sprinklers due to vandalism • Gate closed to lower bluff per Fire; re-opened on 2/1/23 • 5 trees blew over in storm, all removed by parks crew • Lower Bluff installed 6 concrete pads for trash cans
• Brush hogged trimmed trees lower bluff area
• Repaired wiring damaged by contractor in the upper bluff • Trimmed 34 trees along soccer fields
Guillermo Ochoa Park:
• Ongoing maintenance of Carousel and Merry-Go-Round
• Removed Merry-Go-Round wheel due to vandalism, parts arrived to be repaired soon.

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

Parks Maintenance Worker, four (4) Park Maintenance Workers, and one (1) part-time Maintenance Worker.

ITEM 5a

SOLID WASTE & RECYCLING:

Reminder: The Leaf & Limb collection ended on January 9th. Any piles placed in the street until October 1st is consider an illegal disposal violation. • Highlights of solid waste and recycling collection by Bertolotti for February 2023  Residential…………………….… 1,082.56 tons
 Commercial……………………… 1612.83 tons
 Illegal dump (code enforcement) 13.68 tons, 102 locations  Illegal dump (Bertolotti) ………. 9.24 tons, 23 locations  Bulky items…………………….… 34.62 tons, 92 locations
 Leaf/limb ……….…………….… 7.54 tons
 Street Sweep………………….… 60.73 tons
 Residential Organics…………… 442.28 tons
 Commercial Organics…………. 326.65 tons
 Residential Recycle………….… 169.62 tons
 Commercial Recycle …………… 3.75 tons
 C&D (Construction/Demolition Debris) 17.66 tons
 Used oil…………………………… 607 gallons
 Used oil filter……………...……… 56

• There were 3 garbage cart storage violation notices issued in February. • There were 38 organic cart contamination violation notices issued in February. • A reminder that residents can pick up FREE compost and mulch at River Bluff Regional Park parking lot during the park’s open hours. The compost and mulch are self-serve and residents must bring their own containers/vehicles and shovels to collect the material. The program is funded by the SB1383 local assistance grant the City received to assist with procurement requirement mandates but will also serve to compliment the City’s turf rebate program and aid with water conservation efforts.

Solid Waste Division work is performed by one (1) Administrative Analyst and two (2) part-time Streets Maintenance workers.

STREETS SERVICES:

• Staff responded to a total of 72 customer service requests • Responded to 124 Underground Service Alerts (USA) markings • Repaired 13 streetlights
• Repaired guardrail on the canal at Service and Moore
• Repaired large sinkhole in Blueridge storm drain basin • 2 Staff members worked the community cleanup event at River Bluff Park • Patched numerous potholes
ITEM 5a

City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr. Maintenance Workers, six (6) Streets Maintenance Operators, one (1) Street Sweeper Operator and (2) part time Street/Code Enforcement Maintenance workers. Please note the Streets Division has been down one staff member since January 2022 due to workers comp injury.

WASTEWATER (WWTP):

• Responded to 12 customer service requests and 25 sewer problems, during working hours and after hours
• Staff responded to 5 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s). There was (1) SSO in February which resulted in 30 gals spilled and recovered
• Serviced or Repaired:
o Lift Stations – 8
o WWTP Equipment – 12
o Main line sewer plugs – 2
o Aerators – 1
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control
• Staff checked on force main to Turlock
• Staff cleaned 29,635 feet of Sewer Main Line
• Staff CCTV inspected 4,871 feet of sewer line
• Staff continues the process of updating the Wastewater Discharge Report (WDR) • SCADA Integrator, Jeff Burrows, and Wastewater Staff, continued converting lift station and treatment plant controls to the new SCADA system
• Staff continued to retrofit and install a new irrigation pump control system and integrate it into the SCADA system
• Staff attended training on Confined Space Entry Procedures & Pesticide Spraying • Staff installed Storm Drain in front of offices & a Storm Water sampling box • Staff checked & marked 166 USA tickets, which took 24 hours; preventing contractors from damaging City sewer lines
• Turlock sewer use charges $143,877.50 for the month of January (February bill not yet received)
• Modesto sewer use charges $130,594.38 for the month of January (February bill not yet received)
• Biochemical Oxygen Demand (BOD) 67 mg/L
• Treated and disposed of 65.00 MG of wastewater with an average of 2.32 MGD

Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, three (3) Operator -in-Training. There are two (2) open Operator positions.

WATER SYSTEM MAINTENANCE:

Water, Department 35
• February 2023 well production was 101.13 million gallons ITEM 5a
• Average water use for February was 3.61 million gallons per day • Water staff responded to 16 customer service requests • Water staff responded to 60 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,812
o Meters/radios serviced: 11
o Meters replaced: 11
o Meters upgraded from ¾”, 5/8” to 1”: 2
o New meter installations: 1
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 81 were exercised • Blow-offs and hydrants flushed: 34
• Water main leaks: 0
• Service line leaks: 0
• Service lines have been replaced: 2
• Hydrants replaced: 2
• Carbon change out @ well 38 Vessel 1A on the 8th
• New blow off was installed
• Carbon change out @ well 39 & 40 Vessels 1A & 3A
Water Conservation, Department 36
February 2023 calculated residential gallons used per person per day: 57.67 • Annual average is 85.93 gallons per person per day
• Responded to 13 water conservation service requests
• Issued courtesy notifications: 6
• Performed 1 water audit
• Delivered 6 water waste warnings and 0 water waste fines • Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 4, Washing Machine: 0, and Turf Replacements: 0
Total Rebates YTD: 4
The graph below shows our production numbers for 2020 in blue compared to 2022 in purple with the water reduction target of 15% in red. For February 2023, we had a decrease of 11.71% from the February 2020 production numbers.

ITEM 5a

Water system maintenance is performed by one (1) Public Works Superintendent, one (1) Water Distribution Supervisor, one (1) Administrative Analyst, one (1) Sr. Water Distribution Operator, eight (8) Water Distribution Operators, two (2) Field Service Technicians, and one (1) part-time Water Conservationist.

Approved by: ________________________
Alex Terrazas, City Manager
ITEM 5a

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Richard Collins, Chief of Police
[email protected], (209)538-5725
SUBJECT:

Resolution No. 2023-32, Authorizing the City Manager to Approve a Firearm Buy Back through LC Action a nd a Destruction Order o f Selected Firearms and Firearm Parts
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the City Manager to approve a firearm buy back through LC Action and a destruction order of selected firearms and firearm parts.

I. BACKGROUND:

Each year the Ceres Police Department does a gun inventory . The inventory helps determine the necessity and functionality of the firearms currently owned by the city . It helps identify firearms which are no longer needed or have reached the end of their service life.

After completing the gun inventory for 2022, we found several firearms that have reached the end of their service life or have been damaged to the point that it is not cost effective for them to be repaired. These firearms are no longer needed due to the recent purchase of newer firearms. They need to be part of the buy back program with LC Action or returned to the Property/Evidence Division to be destroyed in accordance with city policy.

Additionally, we found several firearms and firearm parts were added to the Ceres Police Department inventory from the Property/Evidence Division. The intent was to put thes e items into service. With the recent purchase of newer firearms, the se firearms and parts are also no longer needed. They also need to be returned to the Property/Evidence Division to be destroyed in accordance with city policy.

II. REASONS FOR RECOMMENDATION:

The firearms listed in Exhibit A are no longer needed for the effective operations of the Ceres Police Department and have reached the end of their service life.

ITEM 6
III. FISCAL IMPACTS:

There will be no expense with the buy back or destruction of these firearms/firearm parts.

Firearms purchased by the City of Ceres for the Ceres Police Department that are still in serviceable condition can be sold for fair market value to the vendor, “LC Action.” Any money received from these firearms will be credited to the City of Ceres account in the form of store credit. We currently purchase firearms and firearms suppl ies from LC Action and will use these funds to offset any future purchases.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This purchase is in relation to the Government Operations section of the Strategic Plan to “Provide quality services to meet community needs, assuring that the City has helpful, well- trained, properly-equipped and sufficient staff who partners with other public agencies to provide efficient services.”
V. POLICY ALTERNATIVES:

Council could decide not to approve th e buy back and/or destruction of these firearms.

They would remain in the gun vault in Ceres Police Department inventory until authorization for buy back or destruction is granted.

VI. INTERDEPARTMENTAL COORDINATION:

NA
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, Staff will proceed with the buy back and/or destruction of the designated firearms and firearm parts.

Approved by: __________________________
Alex Terrazas, City Manager

Attachments:

1. Exhibit A: Firearms and firearm parts identified for buy back and/or destruction

ITEM 6
RESOLUTION NO. 2023 - 32

AUTHORIZING THE CITY MANAGER TO APPROVE A FIREARM BUY BACK

THROUGH LC ACTION AND A DESTRUCTION ORDER OF SELECTED FIREARMS

AND FIREARM PARTS

CITY COUNCIL
City of Ceres, California

WHEREAS, the Ceres Police Department does an annual gun inventory to determine the necessity and functionality of the firearms currently owned by the city; and

WHEREAS, after the completion of the 2022 gun inventory, it was discovered that there are firearms and firearm parts that either qualified for a buy back program with LC Action or need to be destroyed; and

WHEREAS, LC Action will buy back any guns that are still serviceable in the form of a store credit to be used on future purchases; and

WHEREAS, the Ceres Police Department Property/Evidence Division has the capability of destroying any remaining firearms and firearm parts.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to approve a firearm buy back through LC Action and a destruction order of selected firearms and firearm parts.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of March 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk

ITEM 6
ITEM 6
Exhibit A

Guns to be sold to LC Action

Make/Model Serial Number

1. M1 Super 90 Benelli M288772 department purchased

2. Remington 11-87 12g PC873685 department purchased

3. Remington 11-87 12g 24462V department purchased

4. Remington 11-87 12g PC884802 department purchased

5. Remington 11-87 12g PC884806 department purchased

6. Remington 11-87 12g PC884805 department purchased

7. Remington 700 .308 C6531926 department purchased

8. Beretta 96 .40 Cal BER055748 department purchased

9. Beretta 96 .40 Cal BER059217 department purchased

10. Beretta 96 .40 Cal BER059215 department purchased

11. Bushmaster XM15-E2S L365807 department purchased

12. Bushmaster XM15-E2S BFI439510 department purchased

13. Bushmaster XM15-E2S L461665 department purchased

14. Bushmaster XM15-E2S L366732 department purchased

15. Bushmaster XM15-E2S L285477 department purchased

16. Bushmaster XM15-E2S L346043 department purchased

17. Bushmaster XM15-E2S BFI439509 department purchased

18. Bushmaster XM15-E2S BFI573156 department purchased

19. Bushmaster XM15-E2S L466760 department purchased.

Guns/Gun Parts to be destroyed

Make/Model Serial Number

1. Bushmaster lower receiver BFI438989 department purchased (End of service life)

2. Bushmaster lower receiver L365837 department purchased (End of service life)

3. Bushmaster XM-15 L477953 department purchased (End of service life)

4. Bushmaster XM-15 L365810 department purchased (End of service life)

5. Remington 870 shotgun AB021754M department purchased (End of service life)

6. Remington 870 shotgun B515643M department purchased (End of service life)

7. Mossberg 500A shotgun K031753 department purchased (End of service life)

8. 3 Unknown make AR-15 uppers None Evidence/ Property (no longer needed)

9. AR-15 lower receiver None Evidence/ Property (no longer needed)

10. EA Co. AR-15 EA2878 Evidence/ Property (no longer needed)

11. Olympic Arms AR-15 SA3590 Evidence/ Property (no longer needed)

12. TMT AR-15 None Evidence/ Property (no longer needed)

13. Spikes AR-15 lower receiver DV016407 Evidence/ Property (no longer needed)

ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Delilah Vasquez, Director of Human Resources
[email protected], (209) 538-5772
SUBJECT: Resolution No. 202 3-34, Approving the Part -Time (Non -Regular) Employee Hourly Pay Rate Schedule for Recreation, Effective in the Pay Period Beginning April 2, 2023
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council approve a resolution approving the Part -Time (Non -Regular) Employee Hourly Pay Rate Schedule for Recreation effective in the Pay Period beginning April 2, 2023.

I. BACKG ROUND:

The City of Ceres maintains an hourly pay rate schedule for those positions that are not part of our classification plan and are part -time, seasonal, or temporary in nature. These positions receive no benefits other than those required by law, such as the California Paid Sick Leave.

The City currently employs seven part-time hourly staff in the Recreation Department: two (2) Senior Recreation Leaders, three (3) Recreation Leaders, and two (2) Events/Facility Specialists in the Recreation Department . Seasonally, we also employ about fifteen Aquatics staff and Sports Officials.

With the approval of California Senate Bill 3, Section 1182.12 of the Labor Code was amended to increase the minimum wage to $15.50 per hour for any employer with 26 or more employees on January 1, 2023.

II. RE
ASONS FOR RECOMMENDATIO N:

With the increase in the minimum wage, the City’s Recreation hourly positions’ pay rates are being compacted and one is currently out of compliance with the minimum wage requirements. The schedule was last updated in 2019 and must be updated to comply with SB 3 and the California Labor Code.

ITEM 7
Since the schedule needs to be updated for the minimum wage impacts, staff took the opportunity to do a thorough review of the salary schedule. Human Resources worked with the Recreation Department to establish hourly pay rates that would encourage return employment from season to season, reduce turnover, and improve the candidate pool through competitive pay.

These positions do not receive the 3% cost of living increase that was negotiated for our represented classifications. As a result, these positions need to be adjusted to remain competitive with the surrounding comparable cities.

The Recreation Leader (Rate 1) is set at $0.25 above minimum wage; the pay for Senior Recreation Leader and Events/Facility Specialist are set with appropriate separation based on a comparison of other agencies. Each year, Swim Instructor/Lifeguard (Rate 1) is set at $1.50 above minimum wage; the pay for Assistant Pool Manager, Pool Manager and Class Instructor are set with appropriate separation based on a comparison of other agencies.

Employers are experiencing a severe recruiting challenge. The COVID-19 Pandemic caused an unprecedented volatility in the labor market. Employers have fewer qualified applicants applying for positions and applicants are seeking higher wages which has created a very competitive job market. The updated hourly pay rate schedule will allow staff to comply with the minimum wage laws and improve our recruitment efforts.

III. F
ISCAL IMPACTS :

For Fiscal Year 2023, costs will be covered by existing appropriations in the Recreation Budget. Recreation will include costs for future years in its annual budget.

IV. E
XISTING POLICY / RELATIONSH IP TO THE STRATEGIC PLAN:

N/A
V. P OLICY ALTERNATIVES :

Council may reject all or part of the proposed schedule. It is important to note, a request for staff to recalculate the schedule for a future meeting may result in a delay in recruiting for the Recreation Division’s programs this season.

VI. I
NTERDEPARTM ENTAL COORDINATION:

This recommendation was developed with the cooperation and coordination of Human Resources and Recreation.

VII. P
UBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

N/A

ITEM 7
IX. STEPS FOLLOWING APPROVAL:

Upon approval, Staff will update the pay rates and make pay rate adjustments for any current eligible employees to be effective in the Pay Period beginning April 2, 2023.

Approved by: __________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution 2023-34

2. Recreation Hourly Pay Rate Schedule
ITEM 7
ITEM 7
RESOLUTION NO. 2023-34

APPPROVING THE PART-TIME (NON-REGULAR) EMPLOYEE

HOURLY PAY RATE SCHEDULE FOR RECREATION, EFFECTIVE IN
THE PAY PERIOD BEGINNING APRIL 2, 2023

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres provides recreational programs and services to the residents of Ceres; and

WHEREAS, the City of Ceres must hire Recreation Part -Time (Non -Regular) Positions to provide these programs and services; and

WHEREAS, the City of Ceres part-time (non-Regular) positions job classifications have not been updated to meet current industry changes.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the part-time (non-regular) employee hourly pay rate schedule for Recreation, effective in the pay period beginning April 2, 2023.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of March 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7

Recreation Rates apply as follows:
• Rage 1; at hire
• Rate 2; after one year/season of service
• Rate 3; after two years/seasons of service

Reserve Police Officer
• Step A: equivalent to Police Officer (Grade 36U)
o POST Basic or Intermediate at hire.
• Step B: equivalent to Police Officer (Grade 36U)
o After 2 years and at least 1,056 hours; OR
o Post Advanced at hire.
• Step C: equivalent to Police Officer (Grade 36U)
o After 2 years and at least 1,056 hours.

Reserve Public Safety Dispatcher
• Step A: equivalent to Public Safety Dispatcher I (Grade J46) o At hire.
• Step B: equivalent to Public Safety Dispatcher I (Grade J46) o After two (2) years and at least 1,056 hours.

RECREATION 2023
Rate 1 Rate 2 Rate 3
Class Instructor $26.29 $27.60 $28.98
Events/Facility Specialist $20.31 $21.33 $22.39
Recreation Leader $15.75 $16.54 $17.36
Senior Recreation Leader $17.88 $18.77 $19.71

SEASONAL
Assistant Pool Manager $19.25 $20.21 $21.22
Pool Manager $20.21 $21.22 $22.28
Sports Official $18.46 $19.38 $20.35
Swim Instructor/Lifeguard $17.50 $18.38 $19.29

CITY OF CERES
Part-Time (Non-Regular) Employee
Hourly Pay Rate Schedule
Effective March 27, 2023
ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Delilah Vasquez, Director of Human Resources
[email protected], (209) 538-5772
SUBJECT: Resolution No. 2023-35, Authorizing Participation in and Approving the Amended and Restated Joint Exercise of Powers Agreement of the Fire Risk Management Services Joint Power Authority RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council Authorize Participation in and Approv e the Amended and Restated Joint Exercise of Powers Agreement of the Fire Risk Management Services Joint Power Authority.

I. BACKG
ROUND:

The City of Ceres is a member of the Joint Powers Authority (JPA) known as the Fire Districts Association of California Employment Benefits Authority (FDAC EBA) with the purpose of establishing, operating, managing, and administering health and welfare benefit programs for existing and retired employees, officers, and members of legislative body of Agencies. FDA C EBA is a non -profit public benefit corporation organized to assist and promote the interests of its public agency members.

The City of Ceres joined FDAC EBA after terminating our agreement with Burnham Benefits on October 1, 2021, due to instability and escalating rate increases. We are now able to provide five medical plans to employees that are comprehensive and competitively priced due to the JPA. The medical plans are sponsored by the FDAC EBA and work in conjunction with Keenan & Associates, an independent insurance broker, to create comprehensive programs that includes medical, dental, vision, and life benefits to agencies. The City of Cere s opted to provide employees with dental coverage through Stanislaus Foundation Dental Plan and vision coverage through VSP. The dental and vision insurance packages offered by Stanislaus Foundation Dental Plan and VSP are equivalent to and less expensive than the FDAC EBA sponsored plans.

ITEM 08
II. REASONS FOR RECOMMENDATION:

The Fire Districts Association of California Employment Benefits Association (FDAC EBA) and Fire Agencies Self Insurance System (FASIS) will consolidate, effective July 1, 2023, to form Fire Risk Management Services (FRMS). FRMS is a multi-line risk pool providing eligible fire districts and public agencies that provide emergency services employee benefits coverage and worker’s compensation to eligible fire districts in California.

The combined leadership determined that a multi-line risk pool would recognize economies of scale, streamline financial and administrative resources, and reduce duplicative programs, thus providing efficient and effective service to an expanded membership. The consolidation pool will provide a “one- stop-shop” for health benefits and worker’s compensation for public safety/fire districts throughout California. Governed by the Board of Directors, the consolidated pool wi ll expand and enhance member services as a joint body. The consolidation will also provide the most competitive rates available to its members. Existing non-fire districts providing emergency services will be included in the consolidated risk pool. Districts may choose to participate in one or both programs under a single Joint Powers Agreement.

FDAC EBA and FASIS joint powers agreements have proven to be viable and successful alternatives to the commercial insurance marketplace. As a member of the FDAC EBA the City of Ceres receives a variety of competitive medical and life insurance programs. The agreement requires approval by council n o later than June 20, 2023 , and requires a new three-year minimum participation period.

III. F
ISCAL IMPACTS :

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

The proposed action is consistent with the fifth goal of the Strategic Plan related to government operations to provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services.

V. P
OLICY ALTERNATIVES :

End our participation in the FDAC EBA JPA. With this alternative, the City of Ceres will be required to seek medical coverage for its employee in the commercial insurance marketplace next year. The cost could be substantially higher than the competitive rates we are currently receiving.

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A
VII. P UBLIC PARTICIPATION:

N/A

ITEM 08
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Authorize the City Manager to sign and execute the amended and restated JPA with Fire Risk Management Services.

Approved by: __________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution 2023-35

2. Amended and Restated Joint Powers Agreement of Fire Risk Management Services
ITEM 08
ITEM 08
RESOLUTION NO. 2023-35

AUTHORIZING PARTICIPATION IN AND APPROVING THE AMENDED

AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF

THE FIRE RISK MANAGEMENT SERVICES JOINT POWER

AUTHORITY

THE CITY COUNCIL
City of Ceres

WHEREAS, the Fire Agencies Self Insurance System (FASIS) was formed in 1984 for the purpose of jointly funding losses and providing risk management services to reduce such losses by and among California fire protection and community services districts; and

WHEREAS, the FDAC Employment Benefits Authority (FDAC EBA) was formed in 2005 to establish, operate, manage, and administer health and welfare benefit programs for the benefit of the existing and retired officers, employees and members of the legislative boy of the California public agencies who are members of FDAC EBA; and

WHEREAS, following the exploration and in- depth analysis of the strategic partnership, the Board of Directors of FASIS and FDAC EBA directed the merger of the two programs, effective July 1, 2023, to provide comprehensive and cost -effective coverage programs through a responsive risk pool for the fire service agencies; and

WHEREAS, FASIS and FDAC EBA have agreed that FASIS will change its name to Fire Risk Management Services (FRMS) and adopt an amended and restated joint exercise of powers agreement, and that FDAC EBA will assign its rights and liabilities to FRMS and adopt the same agreement as its own; and

WHEREAS, the amended and restated agreement allows FRMS to operate the programs previously operated by both FDAC EBA and FASIS, and admit members that would have been eligible to join either FDAC EBA or FASIS in the past; and

WHEREAS, the City of Ceres is currently a member of FDAC EBA, and the City Council of the City of Ceres finds it is in the best interest of the City of Ceres to continue participating in and obtaining coverage and risk management services from FRMS; and

WHEREAS, FRMS requires the City of Ceres to pass a resolution expressing the desire and commitment of the City of Ceres to approve the amended and restated joint exercise powers agreement of FRMS and continue participation in FRMS, which requires a new three-year minimum participation period.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the Amended and Restated Joint Exercise of Powers Agreement for FRMS, as presented.

ITEM 08
BE IT FURTHER RESOLVED the City Council of the City of Ceres does hereby authorize participation in and approve the amended and restated joint exercise of powers agreement of the Fire Risk Management Services joint powers authority attached hereto as Exhibit A and incorporated herein reference and authorize the City Manager to sign and execute the Joint Powers Agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of March 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 08

Serving the Workers’ Compensation Insurance Needs for Fire Districts in California Since 1984

TO: FDAC EBA Member Districts
FROM: Carmen Berry, F DAC EBA Executive Director
DATE: March 2, 2023
SUBJECT: AMENDED AND RESTATED JOINT POWERS AGREEMENT OF FIRE RISK MANAGEMENT SERVICES (formerly FDAC Employee Benefits Authority)

The Fire Di stricts Association of California Employment Benefi ts Association (FDAC EBA) and Fire Agencies Self Insurance System (FASIS) will consolidate, effective July 1, 2023, to form Fire Risk Management Services (FRMS). FRMS is a multi-line risk pool provi ding eligible fire districts and public agencies that provide emergency services employee benefits coverage and workers’ compensation to eligible fire districts in California.

The FDAC EBA and FASIS Consolidation Advisory Committee has met regularly over the pas t twelve months to work toward stream lining the financia l and admin istrative services via a consolidation of the two programs. At the Special Board of Directors Meeting on February 22, 2023, the FASIS and FDAC EBA Boards unanimously approved the FRMS Amended and Restated Joint Powers Agreement (JPA), effective July 1, 2023.

In accordance with the Joint Powers Agreement: Creating the FDAC Fire Benefits Authority, Article 14:
“This Joint Powers Agreement may be amended by an amendment in writing signe d by two-thirds of the Agencies then parties to this Agreement.”

Attached is the A mended and Restated Joint Powers Agreement of the Fire Risk Management Services. The Agreement requires approval under Section 31: Execution in Counterparts and must be received in our offic e no later than June 20, 2023. Signatories to t he Agreement will r equire approval from their respective governing bodies. T o aid in this endeavor, attached are sample resolutions for use by either 1) members of FDAC EBA only ; or 2) members of both FASIS and FDAC EBA. The sample resolutions allow for approval of the Agreement and authorize the designated executive officer to execute, thus enabling participation in FRMS, effective July 1, 2023.

Upon approval from your district’s governing body, the Agreement under Section 31 (page 20) must be executed using one of the following options:

1. Original Signature: print Section 31 (page 20) of the Agreement, sign and return via USPS.

2. Electronic Signature - E mail: print Section 31 (page 20) of the A greement, sign, scan, and return via email.

3. Electronic Signature - Acrobat Sign: electronically access the Agreement, sign, and submit.

ITEM 08
Serving the Workers’ Compensation Insurance Needs for Fire Districts in California Since 1984 When utilizing options #1 or #2 above, pl ease submit the executed Agreement via USPS, email, or fax to:

Melissa Feltz, FDAC EBA Coordinator
c/o SMA
808 R Street, Suite 209
Sacramento, CA 95811
FAX: (916) 231-2141
[email protected]

Your attention to this important matter is appreciated. If you have any questions or require additional information, please contact Melissa Feltz at (916) 231-2143 or [email protected].

Attachments:

1. Amended and Restated Joint Powers Agreement of Fire Risk Management Services

2. Sample Resolution Authorizing Participation in Fire Risk Management Services – FASIS

3. Sample Resolution Authorizing Participation in Fire Risk Management Services – FASIS &

FDAC EBA

ITEM 08
1 AMENDED AND RESTATED JOINT POWERS AGREEMENT

OF FIRE RISK MANAGEMENT SERVICES
(Formerly Fire Agencies Self Insurance System (FASIS))

This Amended and Restated Joint Powers Agreement of Fire Risk Management S ervices (“FRMS”) (“Agreement”), formerly known as the Fire Agencies Self Insurance System (“FASIS”) is made and entered into by and among the public agencies organized and existing under the laws of the State of California who have or may hereafter execute this J oint Powers Agreement (the “Members”) pursuant to the authority conferred by Government Code Section 6500 et seq.

RECITALS

WHEREAS, each of the Members who have executed this Agreement is a “public agency” as that term is defined in Section 6500 of the California Government Code; and

WHEREAS, California Government Code Section 6500 et seq. provides that two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and

WHEREAS, California Labor Code Section 3700 (c) authorizes public agencies, including members of a pooling arrangement under a joint powers authority, to fund and self-insure for their Worker’s Compensation claims liability; and

WHEREAS, California Government Code S ection 990.4 provides that a local public agency may self -insure, purchase insurance through an authorized carrier, purchase insurance through a surplus lines broker, or any combination of these; and

WHEREAS, California Government Code Sections 989 and 990 authorize a local publi c agency to self-insure itself and its employees against tort and inverse condemnation liability; and

WHEREAS, California Government Code Section 990.8 provides that two or more local public agencies may, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4; and

WHEREAS, California Government Code Section 990.6 provides that the cost of such insurance or self-insurance is an authorized and appropriate expenditure of public funds; and

WHEREAS, California Government Code Sections 53200, 53201(a), 53202, 53202.2, 65205, 53205.1, 53205.16, 53206, 53208 and Health and Safety Code Section 13800 et seq. provide that a local public agency may provide for any health and welfare benefits for the benefit of its existing and retired officers, employees, and members of its legislative body, which health and welfare benefits include, but are not limited to medical, hospital surgical, disability, legal expense, dental, vision, life, and income protection insurance or benefits, whether provided on an insurance basis, self-funded basis, or some combination of insurance and self-funding; and ITEM 08
2 WHEREAS, Government Code Section 53202 states that in providing such health and welfare benefits, a public agency may approve self-funded plans or may contract with one or more admitted insurers, health service organizations or legal service organizations for such plans of health and welfare benefits as the public agency determines to be in the best interest of the public agency and its existing and retired officers, employees and legislative body; and

WHEREAS, Government Code Section 53205 provides that the legislative body of a public agency may expend public agency funds for the premiums, dues or other charges for health and welfare benefits of its existing and retired officers, employees, and members of its legislative body; and

WHEREAS, each of the Members which are parties to this Agreement desire to join together with ot her Members in order to collectively establish, operate, manage, administer and fund programs of insurance and/or self -insurance for workers ’ compensation benefits, employment benefits, general liability, property damage, and other coverages to be determined ; and

WHEREAS, each of the Members which are parties to this Agreement find it to be to its mutual advantage and in the public benefit to utilize any power common to them, and all those powers available to a Joint Powers Authority pursuant to the Joint Powers Act at Government Code Section 6500 et seq. (the “Act”), to fulfill the purposes of this Agreement specified in Section 3 hereof, including establishing pools for self-insured losses and purchasing excess or re-insurance and administrative services in connection with the Joint Protection Programs (the “Coverage Programs”) for the collective benefit of the Members; and

WHEREAS, certain Members have previously executed that certain Amended Joint Powers Agreement of FASIS dated October 13, 2005 (the “FASIS JPA”), which agreement such Members desire to amend and restate by this Agreement; and

WHEREAS, this Amendment and Restatement is intended to allow m embers of Fire Districts Association of California Employment Benefits Authority (“FDAC EBA”) to join FRMS and share in consolidated administration and governance of programs by amending and restating its existing Joint Powers Agreement to this Agreement; and

WHEREAS, the governing body of each Member has determined that it in the best interests of the Member, and in the public interest, to execute this Agreement and participate in FRMS as a Member;

WHEREAS, it is to the mutual advantage of and in the best interest of the parties to this Joint Powers Agreement to continue and expand this Joint Powers Authority for the purposes stated.

NOW THEREFORE, for and in consideration of all of the mutual benefits, covenants and agreements contained herein, the parties hereto agree as follows:

ITEM 08
3 SECTION 1:

DEFINITIONS

The following definitions shall apply to the provisions of this Agreement:

1. “Act” means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the California Government Code, as amended.

2. “Administrator” shall mean the employee or third -party contractor who is appointed by the Board of Directors to manage the business and affairs of FRMS under the policy direction of the Board of Directors.

3. “Assessment” means an amount additional to a Member’s initial contribution or annual contribution, which the Board of Directors determines, in accordance with this Agreement and/or the Bylaws, that a Member or Former Member owes on account of its participation in a Coverage Program for a given Program year.

4. “Board of Directors” or “Board” shall mean the governing body of FRMS.

5. “Bylaws” means the Bylaws of FRMS adopted by the Board of Directors, as they may be amended from time to time.

6. “Claim” shall mean a demand made by or against a Member or Former Member which is or may be covered by one of the Coverage Programs approved by the Board of Directors.

7. “Contribution” shall mean the amount determined by the Board of Directors to be the appropriate sum of money which a Member must pay at the commencement of or during a Program Year in exchange for the benefits provided by a Coverage Program.

8. “Coverage Program” shall mean the specific type of Joint Protection Program as set forth in the terms, conditions and exclusions of the Coverage Documents for insured or self - insured losses, and the purchasing of excess or re-insurance and administrative services with respect to such losses. On the effective date, FRMS will operate two (2) Coverage Programs, the Workers ’ Compensation Coverage Program for workers ’ compensation claims, and the Employment Benefits Coverage Program for claims related to medical, hospital surgical, disability, legal expense, dental, vision, life, and income protection insurance or benefits. FRMS may add additional programs later.

9. “Coverage Documents” shall mean the Declarations, Mem orandum of Coverages, Coverage Agreements, Endorsements, Policies of Insurance or any other documents that provide the terms, conditions, limits and exclusions of coverage afforded by a Coverage Program.

ITEM 08
4 10. “District” shall mean a special district and political subdivision of the State of California as defined in Government Code Section 56000 et seq.

11. “Duly Constituted Board Meeting” shall mean any meeting of the Board of Directors noticed and held pursuant to the Ralph M. Brown Act and at which a quorum is determined to be present at the beginning of said meeting.

12. “Estimated Contribution” shall mean the amount which the Board of Directors estimates will be the appropriate contribution for a Member’s participation in a Coverage Program for a Program Year.

13. “Excess or Re-Insurance” shall mean that insurance that may be purchased on behalf of FRMS and/or the Members to protect the funds of the Members or Former Members against catastrophic losses or an unusual frequency of losses in a particular Coverage Program during a Program Year in excess of any self-insured retention maintained by FRMS for that Coverage Program.

14. “Fiscal Year” shall mean that period of 12 months which is established by the Board of Directors as the fiscal year of FRMS.

15. “Former Member” shall mean a Member which was a signatory to this Agreement (or the prior FASIS Agreement) but which has withdrawn from, or been involuntarily terminated from participation in FMRS.

16. “Joint Protection Program” shall mean a Coverage Program offered by FRMS, separate and distinct from other Coverage Programs, wherein Members shall jointly pool their losses and claims, jointly purchase excess or re -insurance and administrative and other services including claims adjusting, data processing, risk management consulting and brokerage, loss prevention, legal, accounting and auditing and related services.

17. “Member” shall mean a public agency which has signed this Agreement, which qualifies as a Member under the provisions of this Agreement and the Bylaws, and which has been approved for membership by the Board of Directors.

18. “Memorandum of Coverage” shall mean a document issued by FRMS for each Coverage Program specifying the coverages and limits provided to the Members participating in that Coverage Program.

19. “Pooling” shall mean group self -insurance as permitted by Government Code S ection 990.8, Labor Code Section 3700 and Government Code Section 53202.

20. “Program Year” shall mean a 12-month period of time determined by the Board of Directors, during which a particular Coverage Program is in effect.

ITEM 08
5 21. “Retained Earni ngs” shall mean an account reflecting the accumulated earnings of a Coverage Program after payment of all losses, expenses and obligations of that Coverage Program.

22. “Risk Management” shall m ean the process of identifying, evaluating, reducing, transferring and eliminating risks. Risk Management includes, but is not limited to, various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self-insurance retention levels and the amount of reserves for potential claims.

SECTION 2:

FRMS AS SUCCESSOR TO AND EXPANSION OF FASIS

FASIS was originally formed on July 1, 1984, pursuant to the provisions of Government Code Section 6500 et seq. as a joint powers authority to provide a program of pooling of self-insured workers’ compensation losses of its members, which members were defined as California fire protection districts formed and operating under the provisions of California Health a nd Safety Code Section 13800 et seq. and California community services districts providing fire suppression and emergency services formed and operating under the provisions of California Government Code Section 61000, et seq. FASIS has continued to provide this self-insurance program up to the effective date of this Agreement.

As of the effective date of this Agreement, the Fire Agencies Self Insurance System shall be known as Fire Risk Management Services, referred to herein as FRMS. Pursuant to Government Code Sections 6506 and 6507, from its inception, FRMS has, is, and shall be a public entity separate and independent from the Members which is governed exclusively by its Board of Directors (“Board”).

FDAC EBA was originally formed on July 1, 2005, pursuant to the provisions of Government Code Section 6500 et seq. as a joint powers authority to provide employment benefits programs including medical, hospital surgical, disability, legal expense, dental, vision, life, and income protection insurance or benefits, whether provided on an insurance basis, self -funded basis, or some combination of insurance and self-funding, to any California public agency including special districts, cities, and joint powers authorities which were formed with the power to provide fire suppression and emergency services . FDAC EBA has continued to provide this employment benefits program up to the effective date of this Agreement.

This Agreement is being amended and restated in part to allow m embers of Fire Districts Association of California Employment Benefits Authority (“FDAC EBA”) to join FRMS and share in consolidated administration and governance of programs. Accordingly, as of the effective date of this Agreement, the membership of FRMS shall consist of the members of FASIS, as well as the members of FDAC EBA that have approved this Agreement. Future membership in FRMS is open to public agencies throughout California that meet the membership requirements specified herein and in the Bylaws and are approved for membership by the Board of Directors.

ITEM 08
6 SECTION 3:

PURPOSE

This Agreement is entered into by the Members pursuant to Government Code Sections 989, 990, 990.4, 990.6, 990.8, 52200 et seq., 6500 et seq. and Labor Code S ection 3700, et seq., in order to provide, subject to the Coverage Documents, workers’ compensation and employment benefits coverages, and/or coverages for other risks which the Board of Directors may determine.

Additional purposes of this Agreement are: (1) to reduce the amount and frequency of losses, and to decrease the costs incurred by Members in the handling and litigation of claims; (2) to expand the breadth and reduce the costs of health and welfare benefits including, but are not limited to medical, hospital, surgical, disability, legal expense, dental, vision, life, and income protection insurance or benefits, whether provided on an insurance basis, self -funded basis, or some combination of insurance and self -funding. These purposes shall be accomplished through the exercise of the powers of the Members jointly in the creation of a separate public entity, Fire Risk Management Services (“FMRS”) to establish and administer Coverage Programs as set forth herein and in the Bylaws.

It is also the purpose of this Agreement to provide for the inclusion at subsequent dates of such additional Members organized and existing as California public agencies as may desire to become parties to this Agreement and Members of FRMS, subject to approval by the Board of Directors.

SECTION 4:

MEMBERSHIP

Each Member which is a party to this Agreement must be a public agency which is duly organized and existing under the laws of the State of California with the power to provide at least one of the following services: (1) fire suppression services, (2) emergency medical services, including emergency disease response, prevention and control services; (3) hazardous material response services (4 ) medical transport and/or ambulance services, including emergency transportation services (5) rescue services; (6) any other emergency response services provided pursuant to the California Emergency Services Act (Government Code S ection 8550 et seq.). “Em ergency” is defined as any condition of disaster or of extreme peril to the safety of persons and/or property caused by such conditions as air pollution, fire, flood, hazardous material incident, storm, epidemic, riot, drought, plant or animal infestations or disease, earthquake, terrorism, or sudden and severe energy shortage. Each Member must be approved for participation in the Authority in the manner provided in the Bylaws of the Authority.

There shall be two (2) classes of Membership: (1) Voting Members; and (2) Non-voting Members.

Voting M embers shall be public agencies organized as a fire protection district formed and operating pursuant to the terms of California Health and Safety Code Section 13800 et seq. All other Members shall be Non-voting Members.

The rights and obligations of Voting Members shall be as described in the Bylaws.

ITEM 08
7 SECTION 5:

PARTIES TO AGREEMENT

Each Member which has signed this Agreement certifies that it intends to and does contract with FRMS, and with all other parties who have signed this Agreement, and, in addition, with such other parties which may later be added as a party to and may sign this Agreement. Each party to this Agreement, which has or may hereafter sign this Agreement, also certifies that the withdrawal of any party from this Agreement by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor such party’s intent to contract with the other remaining parties to this Agreement.

SECTION 6:

TERM OF AGREEMENT

This Agreement shall become effective as to existing Members of FASIS on the later of July 1, 2023, or the date on which the last of two-thirds of such Members have executed this Agreement (“effective date”). This Agreement shall become effective as to existing Members of FDAC EBA on the later of July1, 2023 or the date on which two -thirds of its members have executed this Agreement.

This Agreem ent shall become effective as to each new Member upon: (1) approval of its membership by the Board of Directors of the FRMS; (2) execution of this Agreement by the new Member and by FRMS; and (3) by payment by the new Member of its initial contribution for participation in one of the Coverage Programs offered by the FRMS.

SECTION 7:

POWERS OF FRMS

FRMS shall have all the powers common to its Members and all additional powers set forth in the Joint Powers Authority Act , and is hereby authorized to do all acts necessary for the exercise of said common powers, including, but not limited to, any or all of the following:

(1) to make and enter into contracts, including the power to accept the assignment of contracts or other obligations which relate to the purposes of FRMS, or which were entered into by a Member or Former Member prior to joining FRMS, and to acquire assets, incur liabilities, and resolve and make claims;

(2) to accept an assignment from the FDAC EBA of all its assets, obligations and liabilities (including claims and contracts in existence at the time of consolidation) in order to benefit the Members and Former Members participating in the FDAC EBA employment benefits coverage program; provided, that except for the fair and equitable allocation of administrative and overhead expenses, funds from such assignment shall not be commingled and shall be separately accounted for as provided in this Agreement and the Bylaws;

ITEM 08
8 (3) to incur debts, liabilities or other obligations; includin g those which are not debts, liabilities or other obligations of the Members or Former Members, or any of them;

(4) to charge and collect Contributions and Assessments from Members or Former Members for participation in a Coverage Program;

(5) to employ agents and employees and/or to contract for services from third-party consultants;
(6) to receive grants and donations of property, funds, services, and other forms of assistance from persons, firms, corporations and government entities;

(7) to acquire, hold, lease or dispose of property, funds, contributions, donations, and any other forms of assistance from persons, firms, corporations and government entities;

(8) to acquire property by gift, grant, exchange, devise, or purchase;

(9) to hold, lease, convey, sell, encumber, or dispose of property;

(10) to sue and to be sued in its own name;

(11) to issue or caused to be issue bonded and other indebtedness, and pledge any property or revenues as security to the extent permitted by law by Articles 2 and 4 of the Act or otherwise, including, but not limited to, bonds or other evidences of indebtedness issued on behalf of FRMS or its Members;

(12) to obtain in its own name all necessary permits, licenses, opinions and rulings;

(13) whenever necessary to facilitate the exercise of its powers, to f orm and administer nonprofit corporations to perform one or more of the functions which FRMS is empowered to perform, or to perform any other proper corporate function, and to enter into agreements with such nonprofit corporations;

(14) to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement (including the provision of all other appropriate ancillary coverages for the benefit of Members or Former Members, or otherwise authorized by law or the Act; and

(15) to exercise all powers and perform all acts as otherwise provided in the Bylaws.

Said powers shall be exercised pursuant to the terms hereof, and in the manner provided by law and in accordance with Section 6509 of the Act. The foregoing powers shall be subject to the restrictions upon the manner of exercising such powers pertaining to the Member or Former Member designated in the Bylaws.

ITEM 08
9 SECTION 8:

BOARD OF DIRECTORS

All powers of FRMS shall be exercised by, and its property controlled and its affairs conducted by and through its Board of Directors. Said Board of Directors is hereby designated as the agency to administer and execute this Agreement pursuant to Government Code Section 6506.

The Board of Directors shall be composed of no more than fifteen (15) and no less than eleven (11) individuals, each of whom is elected by a majority vote of Voting Members participating in a Coverage Program, as specified in the Bylaws. Each member of the Board of Directors shall have one vote. The terms for Directors, procedures for electing Directors, and the composition of the Board of Directors shall be as set forth in the Bylaws. The Board of Directors shall have the authority to conduct all business and govern all affairs of this Joint Powers Authority under the provisions hereof and pursuant to law and shall have such powers and functions as are provided for herein, in the Bylaws, or by law.

SECTION 9:

POWERS OF THE BOARD OF DIRECTORS

The Board of Directors shall have such powers as provided in this Agreement and the Bylaws and such additional powers as necessary or appropriate to fulfill the purposes of this Agreement and the Bylaws, including, but not limited to the following:

(a) Exercise all powers and conduct all business of this Joint Powers Authority.

(b) Determine the details of and select the Coverage Programs to be offered by FRMS;

(c) Provide for and develop various services including, but not limited to, financial administration, insurance consulting and brokerage services; claims adjustment services, loss control and risk management services; accountancy, auditing and actuarial services; and legal and legislative advocacy services, either through its own employees or contracts with third parties.

(d) Appoint and provide policy direction to the Administrator, appoint committees, appoint staff, and employ such persons as the Board of Directors deems necessary for the administration of this Joint Powers Authority.

(e) Determine and purchase all necessary insurance coverage, including Excess insurance, Re-insurance, liability insurance, director’s and officer’s liability insurance, and such other insurance as FRMS may deem necessary or proper to carry out the Coverage Programs offered by the Authority, and to protect the employees of FRMS and the employees of the Members.

(f) Fix and collect Contributions and Assessments from participating Members in consideration for participation in the Coverage Programs offered by FRMS.

ITEM 08
10 (g) Deposit all funds received in appropriate separate bank accounts in the name of Fire Risk Management Services.

(h) Invest funds on hand in any manner authorized by law for the investment of funds of a public agency.

(i) Direct the payment, adjustment, compromise, settlement and defense of all claims as provided for in the Coverage Documents involving a Member during their period of membership in and participation in a Coverage Program.

(j) Expend funds of FRMS only for the purpose of carrying out the provisions of the Agreement and the Bylaws as they now exist or may hereafter be amended.

(k) Obtain a fidelity bond in such amount as the Board of Directors may determine for any person or persons who have charge of or the authority to expend funds of the FRMS.

(l) Acquire property by gift, grant, exchange, devise, or purchase; or hold, lease, convey, sell, encumber, or dispose of all property necessary or appropriate to carry out the powers and operations of FRMS.

(m) Establish policies and procedures for the operation of FRMS.

(n) Enter into any and all contracts or agreements necessary or appropriate to carry out the purposes and functions of FRMS.

(o) To prepare the annual operating budget of FRMS for each fiscal year.

(p) To engage, retain and discharge agents, representatives, firms o r other organizations as the Board of Directors deems necessary for the administration of FRMS.

(q) To exercise general supervisory power and policy control over the Executive Director.

(r) To transact any other business which is within the powers of the Board of Directors.

(s) Elect officers of FRMS.

SECTION 10:

OFFICERS

The officers of FRMS shall consist of the President, Vice President, Secretary, Treasurer, Assistant Treasurer, and Administrator. The position of Treasurer shall be filled by a person who eithe r is the treasurer of a Member, a certified public accountant, or one of the officers, employees, or contracted consultants of FRMS. The Treasurer shall have no vote unless the Treasurer is also a Director.

ITEM 08
11 The Treasurer shall serve at the discretion of the President. The Treasurer shall be the depository of and have custody of all the funds of FRMS, from whatever source. The Treasurer shall comply with the duties and responsibilities of the office as set forth in subdivisions (a) to (d), inclusive, of Section 6505.5 of the Government Code. The Board shall require the Treasurer to file with FRMS an official bond in the amount to be fixed by the Board. FRMS shall pay the cost of bond premiums required by this section.

In lieu of the designation of a treasurer and auditor as set forth in Government Code S ection 6505.5, FRMS elects to appoint the Treasurer of FRMS to said positions under the provision of Government Code Section 6505.6. FRMS further elects to be governed by and incorporates herein all other provisions contained within Government Code Section 6505.6, including but not limited to the requirement that the Treasurer s hall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Section 6505. T he treasurer, or the treasurer’s designee, shall maintain or cause to be maintained all accounting or other financial records FRMS and shall file all financial reports required of FRMS and shall perform such other duties as the Board may specify.

All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws.

SECTION 11:

RESTRICTIONS ON POWER

Such powers enumerated in Section 8 hereof are subject to the restrictions upon the manner of exercising power by the California public agency which is a Member and which is named in the Bylaws, pursuant to California Government Code Section 6509.

SECTION 12:

COMPLIANCE WITH THE BROWN ACT

All meetings of the Board, including regular, adjourned regular and special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code section 54950 et seq.

SECTION 13:

BYLAWS

The Board shall promulgate Bylaws to govern day- to-day operations of FRMS. The Board may amend the Bylaws from time to time as provided for in the Bylaws. The initial Bylaws of FRMS, a copy of which is attached hereto and marked Exhibit A, are hereby adopted as the initial Bylaws of FRMS. Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all the terms and conditions of this Agreement and of said Bylaws as they now exist or may hereafter be amended , and agrees that any violation of the Bylaws shall be a violation of this Agreement. FRMS shall operate and conduct its business and affairs pursuant to the terms of ITEM 08
12 this Agreement and said Bylaws. In the event any provisions of the Bylaws conflict with a provision of this Agreement, the provision contained in this Agreement shall control.

SECTION 14:

COVERAGE PROGRAMS

FRMS shall maintain such types and levels of coverage for Coverage Programs as determined by the Board of Directors. The coverage afforded under one or more Coverage Programs may include protection for workers’ compensation liability, employment health and welfare benefits , and any other risks which the Board of Directors may determine to be advisable. More than one type of coverage may be afforded under a single Coverage Program. FRMS shall describe the coverage and operation of each Coverage Program in writing utilizing documents such as Memorandums of Coverage, Master Program Documents, or other written policies and procedures.

The Board of Directors may arrange for purchase of Excess or Re -insurance. FRMS shall not be liable to any Member or to any other person or organization if such excess or re-insurance policies are terminated, cancelled or non-renewed without prior notice to one or more Members, or if there is a reduction in the type or amounts of coverage afforded under a Coverage Program by reason of any change in coverage in a succeeding excess or re-insurance policy, even if such reduction occur without prior notice to one or more Members.

SECTION 15:

IMPLEMENTATION OF THE COVERAGE PROGRAMS

The Board of Directors shall establish the coverage afforded by each Coverage Program, the amount of Contributions and Assessments, the precise cost allocation plans and formulas, provide for the handling of Claims, and specify the amounts and types of Excess or Re -insurance to be obtained. The Contributions and Assessments for each Coverage Program shall be determined by the Board of Directors as set forth herein, in the Bylaws, or in the controlling documents for each Coverage Program.

SECTION 16:

ACCOUNTS AND RECORDS

(a) Annual Budget. FRMS shall, pursuant to the Bylaws, annually adopt an operating budget, including budgets for each Coverage Program.

(b) Funds and Accounts. FRMS shall establish and maintain such funds and accounts as required by the Board of Directors and as required by generally accepted accounting principles, including separate funds and accounts for each Coverage Program. Books and records of FRMS shall be open to any inspection at all reasonable times by authorized representatives of Members, or as otherwise required by law.

(c) Investments. Subject to the applicable provisions of any indenture or resolution providing for the investment of moneys held thereunder, FRMS shall have the power to ITEM 08
13 invest any money in the treasury that is not required for the immediate necessities of FRMS, as the Board determines advisable, in the same manner as local agencies pursuant to Government Code Section 53601 et seq. as such provisions may be amended or supplemented.

(d) No Commingling. The funds, reserves, and accounts of each Coverage Program shall not be commingled and shall be accounted for separately; provided, however, that administration and overhead expenses of FRMS not related to a specific Coverage Program may be fairly and equitably allocated among Coverage Programs as determined by the Board of Directors. Investments and cash accounts may be combined for administrative convenience, but separate accounting shall be made for balances of individual funds and Coverage Program revenues and expenses.

(e) Annual Audit. The Board shall provide for a certified, annual audit of the accounts and records of FRMS, in the manner prescribed in the Bylaws.

SECTION 17:

SERVICES PROVIDED BY FRMS

FRMS may provide, in the discretion of the Board of Directors, the following services in connection with this Agreement:

(a) To provide or procure coverage, including but not limited to self -insurance funds and commercial insurance, as well as E xcess or Re-insurance and umbrella insurance, by negotiation, bid or purchase;

(b) To assist Members in obtaining insurance coverage for risks not included within the coverages of FRMS;

(c) To assist risk managers with the implementation of risk management functions as they relate to risks covered by the Coverage Programs offered by FRMS;

(d) To provide loss control and safety consulting services to Members;

(e) To provide claims adjusting and subrogation services for Claims covered by the Coverage Programs;

(f) To provide loss analysis and control through the use of statistical analysis, data processing, and record and file retention services, in order to identify high exposure operations and to evaluate proper levels of self-insured retention and deductibles;

(g) To conduct risk management and claims audits relating to the participation of Members in the Coverage Programs;

(h) To provide such other services as deemed appropriate by the Board of Directors.

ITEM 08
14 SECTION 18:

RESPONSIBILITIES OF MEMBERS

Members or Former Members shall have the following responsibilities, which shall survive the withdrawal from, or involuntary termination of participation in a Coverage Program, or membership in FRMS:

(a) Each Member shall designate an individual to be responsible for the risk management functions within that Member and to serve as a liaison between the Member and FRMS as to risk management.

(b) Each Member shall consider all recommendations of FRMS concerning unsafe practices and/or hazard mitigation, and each Member participating in the Workers’ Compensation Coverage Program s hall implement and maintain an injury and illness prevention program as required by the California Labor Code within ninety (90) days of inception into program.

(c) Each benefits program Member shall maintain its own set of records, including a loss log, in all categories of risk covered by each Coverage Program in which it participates to assure accuracy of FRMS’ loss reporting system, unless it is deemed no longer necessary by the Board of Directors;

(d) Each Member participating in the Workers’ Compensation Program shall report job- related accidents or illnesses to the appropriate claims administrator as soon as practicable after notification o f the accident or illness, and no later than 48 hours after notification, shall use the format specified by the claims administrator when making job- related accident reports, and make any other required notifications to government agencies, including Cal-OSHA, when required;

(e) Each Member shall pay its Contribution, and any adjustments thereto, and any Assessments within the specified time period set forth in the invoice, or as otherwise set forth in the Bylaws. After withdrawal or termination, each Former Member or its successor shall promptly pay to FRMS its share of any additional Contributions, adjustments or Assessments, if any, as required of it by the Board of Directors;

(f) Each Member or Former Member shall provide FRMS with such other information or assistance as may be necessary for FRMS to carry out the Coverage Programs in which the Member or Former Member participates or has participated;

(g) Each Member or Former Member shall in any and all ways cooperate with and assist FRMS and any insurer o f FRMS, in all matters relating to this Agreement and covered Claims;

(h) Each Member or Former Member shall comply with all Bylaws, rules, regulations and operating policies and procedures adopted by the Board of Directors.

ITEM 08
15 SECTION 19:

NEW MEMBERS

FRMS shall allow entry into its Coverage Programs of new Members, only upon approval of the Board of Directors, with any conditions or limitations that the Board deems appropriate. In order to become a Member and remain a Member, any public agency must participate in at least one Coverage Program, pay the Contributions required for such participation, and shall be authorized to exercise the common powers set forth in this Agreement.

SECTION 20:

WITHDRAWAL

Any Member may voluntarily withdraw from this Agreement only at the end of any applicable Program Year and only if:

(a) The Member has been a party to this Amended and Restated Agreement for not less than three (3) full Program Years as of the date of the proposed withdrawal;

(b) The Member submits at least 90 (ninety) days signed written withdrawal notification in accordance with the Bylaws;

(c) In order to withdraw from the Agreement, the Member must have completed the three (3) full Program Year participation requirement for each Coverage Program in which the Member participated at the time of withdrawal.

Any Member may voluntarily withdraw from any particular Coverage Program only at the end of any applicable Program Year and only if:

(a) The Member has participated in a Coverage Pro gram for at least three (3) full Program Years;

(b) The Member is a participant in another Coverage Program; and

In the event that the three (3) year participation requirement for any Coverage Program has not been met, for each Coverage Program the withdrawing Member participated in at the time of withdrawal for less than three (3) years, such withdrawing Member shall be obligated to pay all Contributions and Assessments as if that Member had remained in such Coverage Program for the required three (3) full years.

In the event the notice of withdrawal is not provided as required above, any such withdrawing Member shall, with respect to each Coverage Program the Member participated in, be obligated to pay any and all Contributions and Assessments for the next full Program Year.

ITEM 08
16 A Member may not withdraw as a party to this Agreement until it has withdrawn from all of th e Coverage Programs of FRMS as provided herein and in the Bylaws.

SECTION 21:

EXPULSION

FRMS shall have the right to expel any Member’s participation in a Coverage Program, or expel a Member from FRMS, for violation of the terms of this Agreement, the Bylaws, or any other rule, regulation or operational policy adopted by the Board of Directors of FRMS, in the manner provided for in the Bylaws.

The participation of any Member of FRMS, including participation in any of FRMS’ Coverage Programs, may be expelled in the discretion of the Board of Directors whenever such Member is dissolved, consolidated, merged or annexed. Any such expulsion shall not relieve the Member or Former Member of its membership responsibilities specified in this Agreement.

SECTION 22:

EFFECT OF WITHDRAWAL OR EXPULSION

The withdrawal from or expulsion of any Member from this Agreement shall not be construed as a completion of the purpose of the Agreement, nor shall it terminate this Agreement. Any Member that withdraws or is expelled after the effective date of th is Amended and Restated Agreement shall not be entitled to payment, return or refund of any Contribution, Assessment, consideration, or other property paid or donated by the Member to FRMS, or to any return of any loss reser ve contribution, or to any distribution of assets.

The withdrawal from or expulsion of any Member from any Coverage Program shall not terminate its responsibilities to pay its unpaid Contributions, adjustments, or Assessments to such Coverage Program. The Board of Directors shall determine the final amount due from the Member or Former Member by way of Contributions or Assessments, if any, or any credit due on account thereof, to the Member or Former Member for the period of its participation. Such determination shall not be made until all Claims or other unpaid liabilities of that Coverage Program have been finally resolved.

SECTION 23:

TERMINATION OF FRMS AND DISTRIBUTION

This Agreement may be terminated at any time with the written consent of two-thirds of the then participating Members; provided, however, that FRMS and this Agreement shall continue to exist for the purpose of disposing of all claims, distribution of all assets, and all other functions necessary to wind up the affairs of the Authority.

The Board of Directors is vested with all powers of FRMS for the purposes of winding up and dissolving the business affairs of FRMS. These powers include the power to require Members or Former Members who were signatories to this Agreement at the time the subject Claims were ITEM 08
17 incurred, to pay any Assessments in accordance with loss allocation formulas for final disposition of all Claims and losses covered by this Agreement or the Bylaws.

Upon termination of a Coverage Program, all net assets of such Coverage Program other shall be distributed only among Members that are participating in such Coverage Program at the time of termination, in accordance with and proportionate to their Contributions, adjustments, and Assessments paid less claims or losses paid during the period of that Member’s participation in the Coverage Program. The Board of Directors shall determine the distribution in the manner specified in the Bylaws.

Upon termination of this Agreement, all net assets of FRMS, other than the net assets of any Coverage Program distributed as provided above, shall be distributed only among Members in good standing at the time of such termination in accordance with and proportionate to each such Member’s contributions made and claims or losses paid , as permitted by Government Code Section 6512.2. The Board of Directors shall determine such distribution in the manner specified in the Bylaws.

In lieu of terminating this Agreement, the Board may, with the written consent of two-thirds of the Voting Members, elect to assign and transfer all rights, assets, liabilities and obligations of FRMS to a successor joint powers authority created under the Act.

SECTION 24:

AMENDMENTS

This Joint Powers Agreement may be amended by an amendment in writing signed by two-thirds of the Members then parties to this Agreement. Upon signature of any amendment by two-thirds of the then participating Members, any Member failing or refusing to sign such amendment may be involuntarily terminated as a party to this Agreement as provided in the Bylaws.

SECTION 25:

ENFORCEMENT

FRMS is hereby granted authority to enforce this Agreement. In the event action is instituted to enforce any term of this Agreement or any term of the Bylaws against any Member which has signed this Agreement, the Member agrees to pay such sums as the court may fix as attorney fees and costs in said action.

SECTION 26:

NON-LIABILITY OF MEMBER AGENCIES

Pursuant to Government Code Section 6508.1, the debts, liabilities and obligations of the FRMS shall not be the debts, liabilities or obligations of the Members which are parties to the Agreement.

Nothing in the Joint Powers Agreement or in the Bylaws adopted pursuant thereto shall be construed as imposing liability upon any M ember, or any offi cer, employee or member of the legislative body thereof, for the payment of any Claims incurred in any of the Coverage Programs ITEM 08
18 offered by FRMS to its M embers, the sole recourse of claimants being against funds of those insurance programs and/or self -funded programs administered by the FRMS for the payment of such benefits.

SECTION 27:

NON-LIABILITY OF DIRECTORS, OFFICERS, ADMINISTRATOR,

AGENTS AND EMPLOYEES

The Board of Directors, officers, Administrator, agents, and employees of FRMS shall not be liable to FRMS, to any Member or Former Member , or to any other person for any actual or alleged breach of duty, mistake of judgment, neglect, error, misstatement, misleading statement, or any other act or omission in the performance of their duties hereunder; for any action taken or omitted by any director, officer, administrator, agent, or employee, or independent contractor; for loss incurred through the investment or failure to invest funds; or loss attributable to any failure or omission to procure or maintain insurance; except in the event of fraud, gross negligence, or intentional misconduct of such director, officer, administrator, agent, or employee. No director, officer, administrator, agent, or employee, including former directors, officers, administrators, agents or employees, shall be liable for any action taken or omitted by any other director, officer, administrator, agent, or employee.

SECTION 28:

INDEMNIFICATION OF BOARD OF DIRECTORS, OFFICERS, AND EMPLOYEES

As a public entity, FRMS shall defend and shall indemnify and hold harmless its directors, officers, and employees, including former directors, officers and employees, from any and all claims, demands, causes of action, liability, losses and damages arising out of the performance of their duties as such directors, officers and emplo yees of FRMS, except in the event of fraud, gross negligence, corruption, malice or intentional misconduct, and the funds of FRMS shall be used for such purposes. FRMS may purchase conventional insurance to protect FRMS, and its Members and Former Members, against any such acts or omissions by its directors, officers and employees, including former directors, officers and employees.

SECTION 29:

ADMINISTRATION OF PREEXISTING OBLIGATIONS

(a) All liabilities and obligations of FASIS existing prior to the e ffective date of this Amended and Restated Agreement will be administered under the terms and conditions of the FASIS Agreement as it existed prior to the effective date.

(b) All assets of FRMS existing prior to the effective date shall be reserved by FRMS for the sole purpose of administering the preexisting obligations under the FASIS Agreement.

(c) The Board shall appoint a committee made up of representatives of M embers that were Members of FASIS prior to the e ffective date to make recommendations to the Board regarding the administration of the preexisting obligations under the FASIS Agreement.

ITEM 08
19 As to specific agenda items relating to such matters, only Directors representing Members who were members of FASIS prior to the effective date may vote, and as to such items, a quorum shall be determined solely by reference to the number of Directors that represent members of FASIS prior to the effective date.

(d) In the event that FDAC EBA ass igns its rights, assets, liabilities and obligations to FRMS, any assets of FDAC EBA that are assigned to FRMS shall be used exclusively for the purpose of administrating the obligations of FDAC EBA. In the event of such assignment, the Board shall appoint a committee made up of representatives of Members that were Members of FDAC EBA prior to the effective date to make recommendations to the Board regarding the administration of FDAC EBA’s obligations . As to specific agenda items relating to such matters, only Directors representing Members who were members of FDAC EBA prior to the effective date may vote, and as to such items, a quorum shall be determined solely by reference to the number of Directors that represent members of FDAC EBA prior to the effective date.

SECTION 30:

MISCELLANEOUS PROVISIONS

(a) This Agreement shall bind and inure to the heirs, devisees, assignees and successors in interest of the Authority and to the successors in interest of each M ember in the same manner as if such parties had been expressly named herein.

(b) This Agreement shall be governed by the law of the state of California. This Agreement together with the documents incorporated into the Agreement by reference constitute the entire Agreement between the parties regarding its subject matter. There are no oral understandings or agreements not set forth in writing herein.

(c) If any provisions in this Agreement are held by any court to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall nevertheless continue in full force and effect.

(d) No person or organization or entity shall be entitled to assert the rights of any Member or Former Member under any Coverage Document or Coverage Program. No Member or Former Member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member or Former Member shall have any right, claim or title to any part, share, interest, fund, contribution or asset of FRMS.

ITEM 08
20 SECTION 31:

EXECUTION IN COUNTERPARTS

This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.

_____________________________
(Agency Name)

Date: _________________________ By: ______________________________ Name/Title

ITEM 08

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023-36, Authorizing the City Manager to Approve a Budget Amendment to A llocate P rior-Approved ARPA F unds for Maintenance Operations, Staffing, and Equipment for the River Bluff Regional Park Lower Terrace Improvements
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a budget amendment in the amount of $200,000 to allocate prior-approved ARPA funds for maintenance operations, staffing for a one-year period, and park improvements to the River Bluff Regional Park Lower Terrace approved in July 2022.

I. BACKGROUND:

In 2018, the State of California Natural Resources Agency approved grant funding to the City of Ceres for a project to convert approximately 17 acres of retired orchard to storm water basin including restoration, multi -use trail and non- motorized boat put-in as part of the Tuolumne River Parkway. A contract was awarded to Hanford Applied Restoration and the contractor completed the work required in April 2020. In June 2020 another contract was awarded to Sierra Mountain Construction to install a kayak ramp into the river and completed their portion of the project in 2021 thereby; completing the Lower Terrace project. The City of Ceres ha d not been able to open the Lower Terrace to residents due to landscaping improvements of new shrubs and tree planting monitoring periods , and growth establishment throughout the park. By early 2022, staff was needed in order to provide proper maintenance of the matured landscaping and monitoring of park activities.

At the July 25, 2022 meeting, Council approved the use of $200,000.00 of ARPA funds for maintenance operations, staffing, and park improvements to include gate access, equipment supports, and signage of the River Bluff Regional Park Lower Terrace; Resolution 2022-99 is attached hereto for reference.

ITEM 9
II. REASONS FOR RECOMMENDATION:

After council approval, park improvements began including gate access for the lower terrace, equipment support and signage were installed, and staff was hired. Now staff is needing to submit the budget amendments to allocate the funds approved to pay for these charges.

III. FISCAL IMPACTS:

The funds have already been approved for use; however, the budget amendment was not processed. There will be no additional fiscal impact above the approved amount of $200,000.00.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Ensure that the community has adequate, well-maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

Should the Council decide not to approve the budget amendment, the City will no longer be able to pay the salaries of the temporary workers hired at the beginning of the improvement and park improvements will be halted.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval, the Finance Director shall make the appropriate accounting entries.

Approved by: ________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution 2023-36

2. Budget Amendment

3. Resolution 2022-99
ITEM 9
RESOLUTION NO. 2023-36

AUTHORIZING THE CITY MANAGER TO APPROVE A BUDGET

AMENDMENT TO ALLOCATE PRIOR-APPROVED ARPA FUNDS FOR

MAINTENANCE OPERATIONS, STAFFING, AND EQUIPMENT FOR

THE RIVER BLUFF REGIONAL PARK LOWER TERRACE

IMPROVEMENTS

THE CITY COUNCIL
City of Ceres

WHEREAS, a t the July 25, 2022 meeting, Council approved the use of $200,000.00 of ARPA funds for maintenance operations, staffing, and equipment for River Bluff Regional Park Lower Terrace improvements; and

WHEREAS, staff is now submitting the budget amendment to allocate the funds and there will be no additional fiscal impact above the $200,000.00 prior -approved amount.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to approve budget amendment to allocate prior- approved ARPA funds for maintenance operations, staffing, and equipment for the River Bluff Regional Park Lower Terrace improvements.

BE IT FURTHER RESOLVED the City of Ceres Finance Director is her eby authorized and directed to record the appropriate accounting entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of March 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 9
ITEM 9

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2023-36, dated March 27, 2023
authorizing appropriations for the Lower River Bluff Regional Park ARPA project as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Salaries and Wages 219 40 011000 $47,000.00
Temp Employee Salaries 219 40 011700 $43,000.00
Social Security (FICA) 219 40 012100 $6,470.00
Employee Group Insurance 219 40 012200 $26,280.00
Retirement Plan Charges 219 40 012300 $12,250.00
Worker’s Compensation 219 40 012400 $15,000.00
Capital Projects 219 95 800500 $50,000.00

Requested Appropriation $200,000.00
2022 - 2023 Current Appropriation $0.00
Total Appropriation $200,000.000

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue $0.00
2022 - 2023 Current Estimated Revenue $0.00
Total Estimated Revenue $0.00

Fiscal Impact:

N/A
ITEM 9
ITEM 9
RESOLUTION NO. 2022- 99

AUTHORIZING THE CITY MANAGER TO APPROVE THE USE OF

ARPA FUNDS FOR MAINTENANCE OPERATIONS, STAFFING,

EQUIPMENT AND IMPROVEMENTS OF THE RIVER BLUFF

REGIONAL PARK LOWER TERRACE

THE CITY COUNCIL
City of Ceres
WHEREAS, in 2018 the State of California Natural Resources Agency approved grant funding to the City of Ceres to convert a retired orchard to a stormwater basin, including restoration, a multi- use trail and a non- motorized kayak ramp as part of the Tuolumne River Parkway; and
WHEREAS, a contract was awarded and work was completed by Hanford Applied Restoration in April 2020; and
WHEREAS, the next phase of the project was contracted to Sierra Mountain Construction to install a kayak ramp and was completed in 2021 thus completing the project in its entirety; and
WHEREAS, the City had not been able to utilize this portion of the park after the planting of new landscaping and now requires staffing, equipment, and other improvements; and
WHEREAS, staff request the use of ARPA funds from the remaining balance of the first installment in the amount of$ 200, 000. 00 for maintenance operations, staffing, equipment support, and other park improvements in order to open the park to residents and provide the necessary maintenance and operation.

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to approve the use of ARPA funds for maintenance operations, staffing, equipment, and improvements off the River Bluff Regional Park Lower Terrace.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 25th day of July 2022, by the following vote:

AYES: Council Members: Casey, Silveira and Mayor Lopez NOES: Council Members: Kline
ABSENT: Council Members: None
ABSTAINED: Council Members: None
er Lo , Mayor
ATTEST:

Fallon Martin, City Clerk
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2023-37, Accepting ATPL-5241 (072) Safe Routes to School Morgan Road Corridor Improvement Project as Complete, Approving the Balancing Contract Change Order, Authorizing t he Filing of the Notice of Completion, and Releasing Retention t o the Contractor
RECOMMENDED COUNCIL ACTION:

Staff recommends the acceptance of the Safe Routes to School Morgan Road Corridor Improvement project as complete, filing of the notice of completion, and release of the retention to the Contractor.

I. BACKGROUND:

The City of Ceres received funding from the Active Transportation Plan – Safe Route to Schools Grant (SRTS) in June 2017. Planning and Engineering determined that the Morgan Road Improvements from Hackett Road to San Pedro Road to the ultimate right of way is an appropriate project under the General Plan 2035 and is consistent with the SRTS grant funding criteria.

The project limits were Morgan Road from Whitmore Avenue to Service Road. The project installed pedestrian facilities and street improvements including pedestrian refuge islands, crosswalk improvements, curb ramp improvements, sidewalk installation and infill, streetlighting, HMA pavement overlay, striping, and various other infrastructure improvements.

Engineering staff coordinated with property owners during the construction of improvements to mitigate impact to the residents and allow vehicle access during each phase of construction.

ITEM 10
II. REASONS FOR RECOMMENDATION:

The Contractor has completed all work in accordance with the contract proposal and contract change orders.

III. FISCAL IMPACTS:

The contract was awarded in the amount of $3,200,344.44, plus a 7% contingency. The final construction cost for the project was $3,424,694.09.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The improvements in this project are in line with the Brown Annexation Masterplan of 1995, General Plan 2035, and Citywide Active Transportation Plan.

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

Engineering staff coordinated with Public Works staff during the construction operations of the project.

VII. PUBLIC PARTICIPATION:

Public notice was provided to homes and businesses that were immediately adjacent to the project area. Further notice and updates were provided to ranchette owners during the duration of construction activities.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The Notice of Completion will be filed, and the 5% retention will be released after 1 5 days if no claims are filed.

Approved by: __________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution No. 2023-37

2. N otice of Completion

3. B alancing Contract Change Order
ITEM 10
RESOLUTION NO. 2023-37

ACCEPTING ATPL-5241 (072) SAFE ROUTES TO SCHOOL MORGAN

ROAD CORRIDOR IMPROVEMENT PROJECT AS COMPLETE,

APPROVING THE BALANCING CONTRACT CHANGE ORDER,

AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION, AND

RELEASING RETENTION TO THE CONTRACTOR

THE CITY COUNCIL
City of Ceres

WHEREAS, the Contractor has completed all work required pursuant to their contract with the City of Ceres for the ATPL- 5241 (072) Safe Routes To School Morgan Road Corridor Improvement project; and

WHEREAS, the City Engineer has recommended that this project be accepted as complete, that the Contractor, United Pavement Maintenance, Inc. be paid all sums due under the contract; and

WHEREAS, the final contract amount is $3,424,694.09 and the funds to cover the final payment and retention funds are available in account numbers 268.95.8005, 277.95.8005, 274.95.8005, 271.95.8005, 527.95.8005, and 567.95.8005; and

WHEREAS, it appears that the sums due under the contract are reasonable.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept ATPL-5241 (072) Safe Routes to School Morgan Road Corridor Improvement project as complete, approves the balancing contract change order, authorizes the filing of the notice of completion, and releases retention to the contractor.

BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries and release retention fifteen (15) days after acceptance.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of March 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor

ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10
RECORDING REQUESTED BY:

CITY OF CERES

When recorded mail to:

Name: City of Ceres
Fallon Martin
2220 Magnolia St SPACE ABOVE THIS LINE RESERVED
Ceres, CA 95307 FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN:

1. On June 14, 2022 the City of Ceres , a Municipal Corporation in the County of Stanislaus, State of California accepted the bid of United Pavement Maintenance Inc., for the ATPL-5241 (072) SAFE ROUTES TO SCH OOL MORGAN ROAD CORRIDOR IMPROVEMENTS PROJECT.

2. On January 24, 20 23, said contract as a whole (including authorized c hange orders 1, through 9) was completed by United Pavement Maintenance Inc. and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 27th day of March 2023.

By: _______________________________
Fallon Martin, City Clerk
City of Ceres

VERIFICATION

I, the undersigned, affirm:

I am the person who signed the foregoing notice. I have read and understand the above notice and know its contents, and the fac ts stated therein are true and correct to the best of my knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed in the City of Ceres, County of Stanislaus, State of California on this 27th day of March 2023.

By: ___________________________,
Fallon Martin, City Clerk
ITEM 10
ITEM 10
ITEM 10
ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL

Dhillon Villas Mixed Use Project
Resolution No. 2023-38, Approving a General Plan Amendment (22- 19 GPA) to Change the General Plan Land Use De signation from “CC, Community Commercial” to “HDR, High Density Residential,” for the Property Located at 3106 Mitchell Road
Resolution No. 2023-39, Adopting a Mitigated Negative Declaration for a General Plan Amendment, Vesting Tentative Parcel Map, and Conditional Use Permit for Two Retail Commercial Buildings (15,230 and 13,782 Square Feet) and a 145-Unit Apartment Complex on Three Proposed Parcels at 3106 Mitchell Road
*The Ceres Planning Commission considered this proposal at the January 1 7, 2023 Planning Commission meeting and made a recommendation to the City Council to approve the amendment and declaration by at 3-2 vote.

RECOMMENDED COUNCIL ACTION:

Staff and the Ceres Planning Commission recommend the City Council adopt the Resolution for the Mitigated Negative Declaration prepared for the project and the Resolution for the proposed General Plan Amendment.

I. BACKG
ROUND:

The proposal requires the approval of a General Plan Amendment, Conditional Use Permit, and Vesting Tentative Parcel Map. The Ceres Planning Commission approved the Conditional Use Permit and Vesting Tentative Parcel Map contingent upon the City Council’s approval of the General Plan Amendment.

ITEM 11
The project consists of a 15,230 square foot and a 13,782 square foot retail commercial buildings, and a 145-unit apartment complex on three proposed parcels at 3106 Mitchell Road. The Vesting Tentative Parcel Map is required to convert the existing parcel into three new parcels. The proposed commercial buildings would be located next to Mitchell Road on two new , 1.67- and 1.66- acre parcels . The proposed residential buildings would be located further from Mitchell Road, behind the commercial buildings, on a new 6.2- acre parcel. The current parcel is approximately 9.7 total acres. A proposed 12.5-foot-wide right- of-way dedication along Mitchell Road would reduce the total project size by approximately

0.19 acre.

The current zoning is MX -1, Mixed Use, which allows both residential and commercial uses. No change to the zoning is required for this project. The current General Plan designation is Community Commercial, which allows the commercial component, but not the residential component of the proposal. Therefore, the proposed residential buildings on the 6.2-acre eastern portion of the site necessitate a High Density Residential General Plan designation. The western portion of the site will maintain a Community Commercial designation.

The project site is within the Mitchell Road Corridor Specific Plan (MRCSP) area, which requires a Conditional Use Permit for new high density residential projects. The commercial buildings normally would require a Specific Plan Site Plan, but since the project involves a Conditional Use Permit, the requirements for the Specific Plan Site Plan are included in the approval of the Conditional Use Permit.

The proposed 145-unit apartment complex will consist of forty -eight 1- bedroom units, eighty-four 2 -bedroom units, and thirteen 3 -bedroom units situated within six 3-story buildings containing 24 units each, one 2- story stand-alone unit, and a 6,723 square foot 2-story community building/clubhouse for the eastern portion of the property.

The site is currently developed with a single-family residence and a truck parking operation with no frontage improvements (i.e. curb, gutter, and sidewalk), and has sparse vegetation primarily considered as grasses and invasive weeds. The existing vegetation will be removed for the construction of this project. The site is surrounded by existing commercial and multi-family developments to the north, existing and vacant commercial development to the south, the Stanislaus County Office of Education building and single- family homes to the west across Mitchell Road, and the TID Ceres Main Canal, Moore Road, and single- family homes to the east.

This site has had three separate applications. The first two applications, in 2016 and 2019, failed to produce a development. The background for the three applications is listed below. 2016 Application
Beginning in November 2014, the applicant has been working with City staff on the potential development of the property. In years past, the applicant had discussed the possibilities to develop several commercial buildings including several retail shop buildings, a hotel, an assisted living facility, a convention center, and the possibility of subdividing the property. The goal was a viable project that would promote better access between the land uses and the project parcels. In 2016, the applicant made a formal submittal of a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement for the subdivision of the property into five parcels with retail commercial development that included seven ITEM 11
commercial buildings for a combined total building square footage of 102,500 square feet.

The Planning Commission had considered the project at their May 2, 2016 meeting and approved the project by a 5- 0 vote. After significant challenges finding an anchor retail store that would fill the site, the applicant could not move forward with that proposal and the project entitlements expired in November 2017.
2019 Application
In February 2019, the applicant submitted an application for a new proposal to include a mixed-use project involving the subdivision of the property into three parcels to accommodate the development of two retail commercial buildings situated on the western portion of the property and a 145- unit apartment complex situated on the eastern portion of the property. The Planning Commission voted in favor of the project on a 3- 2 vote. The project later failed to receive approval from the City Council on a 1-4 vote. The majority of the City Council at that time chose to restrict the property to only commercial development.

Other concerns that were raised at the time included fire access and traffic safety. These concerns are addressed near the end of the Reasons for Recommendation section, below. 2022 Application
Following the City Council’s 2019 decision, the property owner decided to pursue further market research on the site’s project viability. Unfortunately, the depth of the site (640 feet) does not lend itself to be retail friendly without the addition of a major anchor tenant. There is a lack of demand at this location to support a major anchor tenant. Thus , the proposed mixed-use project would be a better fit given market conditions. Additionally, the project addresses the need for more diverse housing options in Ceres by providing a high-quality, market-rate apartment complex. The current application is substantially similar to the 2019 application.

On a 3-2 vote, the Planning Commission recommended approval of this project on January 17, 2023. The only objections heard at the meeting dealt with fire access, which is addressed below in the section for Reasons for Recommendation.

Traffic Study
Pursuant to General Plan Policy 3.A.3, a traffic study is required for this project. Although the conditions of approval do not explicitly describe a traffic study, Condition of Approval B. 4. requires improvements associated with the Conditional Use Permit to the satisfaction of the City which may include, but are not limited to other similar off-site improvements.

The applicant and their attorney representative have agreed and acknowledged tha t a traffic study is required at t he applicant’s expense pursuant to the Conditions of Approval and General Plan. The results of the traffic study, including any required improvements such as a traffic signal, median in Mitchell Road, striping, etc. will b e funded and constructed by the applicant.

II. RE
ASONS FOR RECOMMENDATIO N:

General Plan goals and policies that support the proposal include the following:

ITEM 11
• General Plan Policy 2.E.3. Adaptive Reuse. Encourage adaptive reuse and rehabilitation of underutilized sites in commercial areas for new commercial uses or public facilities.
• General Plan Goal 2.G. Promote development of commercial uses compatible with surrounding land uses to meet the present and future needs of the Ceres m arket area and to maintain economic vitality.
• General Plan Policy 2.G.6. Mixed Use and Housing. Allow and encourage mixed uses and housing in commercial centers where appropriate to foster vibrant commercial areas and convenient places to live.
• General Plan Policy 2.L.6. Multi -Family Residential Design. Ensure attractive architecture and design of multi -family buildings provide a variety of high- quality housing options and convenient facilities to foster a high quality of life. • General Plan Policy 2.L.9. Commercial and Office Design. Ensure development in the Community Commercial and Office land use designations balances the goals of providing convenient services and retail options with adding attractive, quality design that contributes to the Ceres community.
• General Plan Policy 2.A.6. Range of Housing. Ensure that a range of residential densities and housing types, including small -lot single family, move- up, townhouses, apartments, accessory dwelling units, affordable housing, senior housing, and condominiums, is available to accommodate the housing needs of all residents.

The project is supportable for the following reasons:

1. The proposal establishes a commercial and residential use that provides opportunity to support a healthy balance of the commercial businesses and housing opportunities that exist along the Mitchell Road corridor area such as the Mitchell Road/Hatch Road and Mitchell Road/Whitmore Avenue intersections to the north of the site, and it promotes a high-quality product for the overall layout of the site.

2. The proposed development is an alternative use that provides Ceres area residents with additional shopping opportunities, as well as housing opportunities that would otherwise not exist.

3. The proposal will not physically divide up the established neighborhood as the site is located adjacent to properties located to the north that already include a mix of multi-family residential and commercial development, thereby maintaining compatibility with surrounding land uses.

4. The project is designed to meet all development standards of the MX-1 zone district.

Additionally, the proposed residential density for the project is estimated at 23 dwelling units per acre, which is less than the 25 dwelling units per acre density that could potent ially be allowed with the High Density Residential designation. The applicant could have proposed a development of 155 dwelling units in lieu of the 145 units that is being proposed.

ITEM 11

5. The Fire Code requires a minimum of two emergency vehicle accesses, whic h are provided by the main entrance and the northern emergency drive lane. In the future, a reciprocal emergency access will be established along the southern property line to connect the residential parking area once the property to the south develops.

Reciprocal access is also provided from the commercial area to the property to the south. Fire access is therefore more than sufficient.

6. T he proposal also exceeds fire safety requirements by including drive lanes that are 1-foot wider than the minimum width required for the largest ladder truck used by the Fire Department.

Based on this information, staff has determined that the project, including conditions of approval, is supported by the MRCSP, the General Plan, and applicable sections of the zoning ordinance. Staff recommends approval of this project.

III. F
ISCAL IMPACTS :

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. The applicant is responsible for the full cost of development and there are no fiscal impacts to the City of Ceres.

IV. E
XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN :

The Strategic Plan goals that are supported by this project include the following:

1. Economic Development: Proactively recruit and attract businesses to Ceres in order to add to the quality of life and enhance the fiscal base of the community. a. Examine commercial corridors to identify possible locations for new retail.

2. Planning for the Future: Ensure the City has plans and policies in place to attract and create desirable development, maintain and improve neighborhoods and annex land to achieve a livable community and support a strong economy.

V. P
OLICY ALTERNATIVES :

The City Council could decide to reject the General Plan Amendment. This would cause the land to retain its commercial designation while remaining vacant for the foreseeable future.

VI. I
NTERDEPARTMENTAL COORDINATION:

Coordination was solicited and received from various city departments to ensure this project is appropriate for the site. Feedback was incorporated into the Conditions of Approval within the attached resolution.

VII. P
UBLIC PARTICIPATION:

ITEM 11
Public hearings were held at Planning Commission and City Council meetings. Letters were mailed to property owners within the vicinity of the site. The Ceres Courier published multiple notifications for this project to invite public participation.

VIII. ENVI
RONMENTAL REVIEW:

Staff completed an Initial Study per the California Environmental Quality Act (CEQA) and determined that a Mitigated Negative Declaration is the appropriate CEQA document for this project. The proposal meets environmental quality standards by mitigating any potentially significant impacts to the environment.

IX. ST
EPS FOLLOWING APPROVAL :

Cause the resolutions to be recorded and require improvement plans for review by the City in preparation for the building permit application process.

Approved by: ____________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution No. 2023-38

2. Resolution No. 2023-39

3. Resolution No. PC 23-02

4. Resolution No. PC 23-03

5. Resolution No. PC 23-04

6. Resolution No. PC 23-05

7. Aerial Vicinity Map

8. Applicant’s Project Description

9. Architectural Site Plan, Floor Plans, and Elevations

10. Colored Renderings of Retail Buildings & Apartment Complex

11. Preliminary Landscape Plans

12. Vesting Tentative Parcel Map & Site Plan

13. May 6, 2019 Planning Commission Minutes

14. May 28, 2019 City Council Minutes

15. November 17, 2022 Turlock Irrigation District Letter

16. Notice of Intent to Adopt Mitigated Negative Declaration with Initial Study

ITEM 11
RECORDING REQUESTED BY:

CITY OF CERES

When Recorded mail to:

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

RESOLUTION NO. 2023-38

APPROVING A GENERAL PLAN AMENDMENT (22-19 GPA) TO

CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM
“CC, COMMUNITY COMMERCIAL” TO “HDR, HIGH DENSITY
RESIDENTIAL,” FOR THE PROPERTY LOCATED AT 3106 MITCHELL ROAD

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council of the City of Ceres, State of California, has considered said application proposing a General Plan Amendment to change the general plan land use designation from “CC, Community Commercial” to “HDR, High Density Residential” for the property located at 3106 Mitchell Road; and

WHEREAS, the City Council held a duly noticed public hearing on March 27, 2023 at 6:00 p.m. and considered all testimony and comments presented whether orally or in writing; and

WHEREAS, the Planning Commission held a duly noticed public hearing on January 17, 2023 at 6:00 p.m. and by a 3-2 vote (Commissioners Johnson and Otero – No), recommended the City Council approve the General Plan Amendment; and

WHEREAS, the property affected by this resolution is located at 3106 Mitchell Road, Ceres, CA 95307; and

WHEREAS, the properties affected by this resolution are situated in the City of Ceres, County of Stanislaus, and State of California and are described as follows:

The north one-half of Lot 17 of the “Plat of Smyrna Park Tract”, according to the official map thereof, filed in the Office of the Recorder of Stanislaus County, California, on February 21, 1903 in Volume 1 of Maps, at Page 79.

Excepting therefrom the west 20 feet thereof as conveyed to the County of Stanislaus by deed dated August 21, 1957 and recorded August 23, 1957 in Volume 1442 of Official Records, at Page 108, as Instrument No. 21349.

APN: 069-019-001

WHEREAS, the City Council based on the evidence within the staff report and project file find that:

ITEM 11

1. The proposed General Plan Amendment is consistent with the purpose and intent of the General Plan.

2. The proposed General Plan Amendment is consistent with the “MX-1, Mixed Use” zoning designation per the Mitchell Road Corridor Specific Plan.

3. The proposed use will have no adverse effect on surrounding properties.

4. The proposed use will not endanger any wildlife or wildlife habitat.

NOW, THEREFORE, BE IT RESOLVED that the City Council o f the City of Ceres does hereby approve a General Plan Amendment (22-19 GPA) to change the general plan land use designation from “CC, Community Commercial” to “HDR, High Density Residential,” for the property located at 3106 Mitchell Road.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of March 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk

ITEM 11

RECORDING REQUESTED BY:

CITY OF CERES

When Recorded mail to:

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

RESOLUTION NO. 2023-39

ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A

GENERAL PLAN AMENDMENT, VESTING TENTATIVE PARCEL MAP,

AND CONDITIONAL USE PERMIT FOR TWO RETAIL COMMERCIAL
BUILDINGS (15,230 AND 13,782 SQUARE FEET) AND A 145-UNIT APARTMENT COMPLEX ON THREE PROPOSED PARCELS AT 3106

MITCHELL ROAD

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council of the City of Ceres, State of California, has considered said application proposing a General Plan Amendment , to change the general plan land use designation from “CC, Community Commercial” to “HDR, High Density Residential” for the property located at 3106 Mitchell Road; and,

WHEREAS, the Planning Commission of the City of Ceres, State of California, at their duly noticed public hearing on January 17, 2023, at 6:00 p.m. , considered the appropriate documents and comments received regarding the potential environmental effects of the proposed application for a General Plan Amendment, Vesting Tentative Parcel Map and Conditional Use Permit for two retail commercial buildings (15, 230 square feet and 13, 782 square feet) and a 145- unit apartment compl ex on three proposed parcels at 3106 Mitchell Road, and has recommended (on a 3 -2 vote) approval of said project by the City Council; and

WHEREAS, the City Council held a duly noticed public hearing on March 27, 2023 at 6:00 p.m. and considered all testimony and comments presented whether orally or in writing; and,

WHEREAS, the properties affected by this resolution are located at 3106 Mitchell Road, Ceres, CA 95307 and are described as follows:

ITEM 11

APN: 069-019-001

WHEREAS, the information and evaluation contained in the Initial Study reflects the City of Ceres independent judgment and analysis; and,

WHEREAS, the City Council based on the evidence within the staff report and project file find that:

1. The proposed project is consistent with the purpose and intent of the General Plan, Zoning Ordinance, and Mitchell Road Corridor Specific Plan.

2. The proposed use will have no adverse effect on surrounding properties.

3. The proposed use will not endanger any wildlife or wildlife habitat.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby adopt a Mitigated Negative Declaration for a g eneral plan amendment, vesting tentative parcel map, and conditional use permit for two retail commercial buildings (15, 230 and 13,782 square feet) and a 145- unit apartment complex on three proposed parcels at 3106 Mitchell Road.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of March 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk
ITEM 11
RECORDING REQUESTED BY:

CITY OF CERES
When R
ecorded mail to:

City
of Ceres
Community Development Department
2220 Magnolia Street
Ceres, CA 95307
DRAFT
RESOLUTION NO. PC 23-02
RES

OLUTION OF THE CITY OF CERES PLANNING COMMISSION

RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE

DECLARATION FOR A GENERAL PLAN AMENDMENT, A VESTING TEN TATIVE

PARCEL MAP AND A CONDITIONAL USE PERMIT FOR A PROPOSAL FOR TWO RETAIL COMMERCIAL BUILDINGS (15,230 AND 13,782 SQUARE FEET) AND A 145- UNIT APARTMENT COMPLE X ON THREE PROPOSED PARCELS AT 3106 MITCHELL ROAD. APPLICATION NUMBER S: 22-19 GPA, 22-20 VTPM, & 22 -21 CUP.

PRO
PERTY OWNER: Rupinder Dhillon
Hiway Farm, LLC.
28214 Leaf Drive
Tracy, CA 95304
APPL
ICANT: GDR Engineering, Inc.
3525 Mitchell Road, Suite G
Ceres, CA 95307
SI
TE LOCATION: 3106 Mitchell Road Ceres, CA 95307
APN: 069-
019-001
WHE
REAS, the Planning Commission of the City of Ceres, State of California, has considered said application proposing a General Plan Amendment, a Vesting Tentative Parcel Map and a Conditional Use Permit for a proposal for two retail commercial buildings (15, 230 square feet and 13, 782 square feet) and a 145- unit apartment complex on three proposed parcels at 3106 Mitchell Road; and WHERE
AS, the property affected by this resolution is located at 3106 Mitchell Road, Ceres, CA 95307; and,
WHE
REAS, the property affected by this resolution is situated in the City of Ceres, County of Stanislaus, and State of California and is described as follows:

ITEM 11
The north one-half of Lot 17 of the “Plat of Smyrna Park Tract”, according to the official map thereof, filed in the Office of the Recorder of Stanislaus County, California, on February 21, 1903 in Volume 1 of Maps, at Page 79.

Ex
cepting therefrom the west 20 feet thereof as conveyed to the County of Stanislaus by deed dated August 21, 1957 and recorded August 23, 1957 in Volume 1442 of Official Records, at Page 108, as Instrument No. 21349.

WHE
REAS, the City of Ceres prepared a Mitigated Negative Declaration pursuant to the requirements of the California Environmental Quality Act and circulated the document and no significant environmental effects of the project were identified; and,
WHE
REAS, the information and evaluation contained in the Initial Study reflects the City of Ceres independent judgment and analysis; and, WHE
REAS, the Planning Commission held a duly noticed public hearing on January 17, 2023, 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, TH
EREFORE, BE IT RESOLVED that based upon the evidence within the staff report and project file, the Planning Commission of the City of Ceres hereby recommends the City Council adopt the Mitigated Negative Declaration prepared for a General Plan Amendment, a Vesting Tentative Parcel Map and a Conditional Use Permit for a proposal for two retail commercial buildings (15,230 square feet and 13,782 square feet) and a 145- unit apartment complex on three proposed parcels at 3106 Mitchell Road; and,
I HE
REBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the Planning Commission of the City of Cer es at a regular meeting of said Planning Commission held on the 17th day of January 2023, by the following vote:

AYES:

NO
ES:

ABSENT
:
______
______________________________

CHRISTOPHER HOEM, SECRETARY OF

THE CERES PLANNING COMMISSION

CITY OF CERES
ITEM 11
ATTEST:
______
___________________________

ANN MONTGOMERY

ADMINISTRATIVE SECRETARY

CITY OF CERES
I:\PLANNING\DEPT\PLANNING\PC\Resolutions\2023\Reso 23-02 (22-19 GPA, 22-20 VTPM, & 22-21 CUP - Dhillon Villas Mit Neg Dec).doc
ITEM 11
ITEM 11
RECORDING REQUESTED BY:

CITY OF CERES
When R
ecorded mail to:

City
of Ceres
Community Development Department
2220 Magnolia Street
Ceres, CA 95307
DRAFT
RESOLUTION NO. 23-03
A R

ESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CERES

RECOMMENDING THE CITY COUNCIL APPROVE A GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM “CC, COMMUNITY COMMERCIAL” TO “HDR, HIGH DENSITY RESIDENTIAL” FOR 6.20 +/- ACRES (409’ X 660’) OF THE EASTERN PORTION OF THE PROPERTY LOCATED AT 3106 MITCHELL ROAD. APPLICATION NUMBER 22-19 GPA.

PROPERTY OWNER: Rupinder Dhillon
Hiway Farm, LLC.
28214 Leaf Drive
Tracy, CA 95304
APPL
ICANT: GDR Engineering, Inc.
3525 Mitchell Road, Suite G
Ceres, CA 95307
SI
TE LOCATION: 3106 Mitchell Road Ceres, CA 95307
APN: 069-
019-001
WHE
REAS, the Planning Commission of the C ity of Ceres , State of C alifornia, has considered said application proposing a General Plan Amendment to change the general plan land use designation from “CC, Community Commercial” to “HDR, High Density Residential” for 6.20 +/- acres (409’ x 660’) of the eastern portion of the property located at 3106 Mitchell Road; and,
WHE
REAS, the property affected by this resolution is located at 3106 Mitchell Road, Ceres, CA 95307; and,
WHE
REAS, the properties affected by this resolution are situated in the City of Ceres, County of Stanislaus, and State of California and are described as follows:

The nor
th one-half of Lot 17 of the “Plat of Smyrna Park Tract”, according to the official map the reof, filed in the Office of the Recorder of Stanislaus County, California, on February 21, 1903 in Volume 1 of Maps, at Page 79.

ITEM 11
Excepting therefrom the west 20 feet thereof as conveyed to the County of Stanislaus by deed dated August 21, 1957 and recorded August 23, 1957 in V olume 1442 of Official Records, at Page 108, as Instrument No. 21349.

WHERE
AS, the Planning Commission held a duly noticed public hearing on January 17, 2023 at 6:00 p.m. and considered all testimony and comment presented whether orally or in writing; and,
WHE
REAS, the Planning Commissi on in making a recommendation to the City Council, based on the evidence within the staff report and project file, find that:

1. The pr
oposed General Plan Amendment is consistent with the purpose and intent of the General Plan.

2. The pr
oposed General Plan Amendment is consistent with the existing “ MX – 1, Mixed Use – 1” zoning designation.

3. The pr
oposed General Plan Amendment will have no adverse effect on surrounding properties.

4. The pr
oposed General Plan Amendment will not enda nger any wildlife or wildlife habitat.

TH
EREFORE, BE IT RESOLVED that based upon the evidence within the staff report and project file, the Planning Commission of the City of Ceres hereby recommends the City Council approve the General Plan Amendment to change the general plan land use designation from “CC, Community Commercial” to “HDR, High Density Residential” for the eastern portion (409’ x 660’) of the property located at 3106 Mitchell Road.

I HE
REBY CERTIFY that the foregoing 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 17th day of January 2023, by the following vote:

AYES:

NO
ES:

ABSENT:
______
______________________________

CHRISTOPHER HOEM, SECRETARY OF

THE CERES PLANNING COMMISSION

CITY OF CERES
ITEM 11
ATTEST:
______
___________________________

ANN MONTGOMERY

ADMINISTRATIVE SECRETARY

CITY OF CERES
I:\PLANNING\DEPT\PLANNING\PC\Resolutions\2023\Reso 23-03 (22-19 GPA, Dhillon Villas GPA).doc ITEM 11
ITEM 11
RECORDING REQUESTED BY:

CITY OF CERES

When Recorded mail to:

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

DRAFT
RESOLUTION NO. PC 23-04

RESOLUTION OF THE CITY OF CERES PLANNING COMMISSION

APPROVING A VESTING TENTATIVE PARCEL MAP TO AL LOW FOR THE SUBDIVISION OF A 9.7 +/- ACRE PARCEL INTO THREE LOTS A T 3106 MITCHELL ROAD. APPLICATION NUMBER: 22-20 VTPM.

PROPERTY OWNER: Rupinder Dhillon
Hiway Farm, LLC.
28214 Leaf Drive
Tracy, CA 95304

APPLICANT: GDR Engineering, Inc.
3525 Mitchell Road, Suite G
Ceres, CA 95307

SITE LOCATION: 3106 Mitchell Road Ceres, CA 95307

APN: 069-019-001

WHEREAS, the Planning Commission of the City of Ceres, State of California, has considered said appl ication proposing a Ves ting Tentative Parcel Map for the subdivision of a 9.7 +/- acre parcel into three lots at 3106 Mitchell Road; and,

WHEREAS, the property affected by this resolution is located at 3106 Mitchell Road, Ceres, CA 95307; and,

WHEREAS, the property affected by th is resolution is situated in the City of Ceres, County of Stanislaus, and State of California and is described as follows:

The north one-half of Lot 17 of the “Plat of Smyrna Park Tract”, according to the official map thereof, filed in the Office o f the Recorder of Stanislaus County, California, on February 21, 1903 in Volume 1 of Maps, at Page 79.

ITEM 11

WHEREAS, the Planning Commission held a duly noticed public hearing on January 17, 2023 at 6:00 p.m. and considered all testimony and comment presented 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 Parcel Map as conditioned, is consistent with the purpose and intent of the “ CC, Community Commercial ” and “HDR, High Density Residential designations of the Ceres General Plan.

2. The proposed Vesting Tentative Parcel Map as conditioned, is consistent with the purpose and intent of the “Mixed Use - 1 ( MX-1)” zoning designation of the Mitchell Road Corridor Specific 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.

THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows:

Section 1. The Vesting Tentative Parcel Map is hereby approved, contingent upon the City Council adoption of the Mitigated Negative Declaration.

If the City Council fails to a pprove the proposed Mitigated Negative Declaration, the actions of the Planning Commission and this resolution become null and void.

Section 2. The establishment and operation of VTPM 22- 20 requires compliance with the conditions of approval contained in this resolution and attached as Exhibit “A” and on file in the Planning and Building Division, which shall be binding on all heirs, assignees, and successors in interest of said property.

Section 3. The Director of Community Development or desi gnee is hereby directed to record this Resolution at the office of the County Recorder of the County of Stanislaus.

ITEM 11

Section 4. The conditions of project approval set forth herein 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) day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exaction.

I HEREBY CERTIFY that the foregoing 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 17
th day of January 2023, by the following
vote:

AYES:

NOES:

ABSENT:

_____________________________________

CHRISTOPHER HOEM, SECRETARY OF

THE CERES PLANNING COMMISSION

CITY OF CERES

ATTEST:

_________________________________

ANN MONTGOMERY

ADMINISTRATIVE SECRETARY

CITY OF CERES

ITEM 11

EXHIBIT “A”

CONDITIONS OF APPROVAL

Vesting Tentative Parcel Map # 22-20

City of Ceres

3106 Mitchell Road, Ceres, CA, 95307

Approved by the Planning Commission: January 17, 2023
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 p olicies. The conditions listed below a re 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 per mitted by the MX -1 zoning district as applicable per the Mitchell Road Corridor Specific Plan, as it exists now or may be amended in the future.

3. The Vesting Tentative Parcel Map shall expire within 24 months of the approval date, unless a Final Map is filed by January 17, 2025, or a request for an extension is received and approved by the City.

IT SHALL BE THE RESPONSIBILITY OF THE

APPLICANT/PROPERTY OWNER TO BE AWARE OF THE

EXPIRATION DATE OF THIS ENTITLEMENT AND TAKE THE

NECESSARY STEPS TO ENSURE THE APPROVA L 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 SUBMIT A NEW APPLICATION REQUEST FOR
THIS PROJECT.

ITEM 11

B. PROJECT SPECIFIC CONDITIONS

Prior to approval of a Final Map, the applicant shall demonstrate conformance to the following conditions to th e 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 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.

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 and for the CU P 22-21 entitlement to the satisfaction of the Planning and Building Division which may include, but not be limited to:
installation of project improvements (i.e. curb, gutter, sidewalk and landscaping/fencing improvements) along Mitchell Road , paved parking areas and on- site storm drainage, and ensuring that water and sewer services are provided for the project to the satisfaction of the Engineering Services Department and more particularly, these improvements are described in PC Resolution 23 -05. The final map shall be recorded prior to issuance of any building permit(s) to allow for construction of commercial buildings intended for these lots.

3. The applicant is permitted to create three lots (Parcels 1 -3) at 1.66 +/- acres, 1.67 +/- acres, and 6.20 +/- acres in size.

4. Easements for reciprocal access, emergency vehicle access (EVA), parking, landscaping and public utilities over the proposed property are required including, but not limited to:

a. The applicant shall record an irrevocable reciprocal access and parking maintenance easement agreement that grants non- restrictive access between Parcel 1, Parcel 2, and Parcel 3 to use the drive aisles and parking areas.

b. The applicant shall record an irrevocable reciprocal access and maintenance easement agreement that grants non- restrictive access to Parcel 1, Parcel 2, and Parcel 3 for the sto rm drain ITEM 11

system, sanitary sewer, and water main utilities, and other utilities that may be required by the City Engineer.
c. All easements required for this project shall be recorded upon acceptance of the final map.

5. Any existing dwellings, structures, plu mbing, and fencing that bisect the property lines shall be removed prior to filing the final map.

6. The applicant shall comply with the requirements imposed by the Turlock Irrigation District.

7. The applicant shall comply with all requirements imposed by the San Joaquin Valley Air Pollution Control District (SJVAPCD).

C. GENERAL CONDITIONS OF APPROVAL

Planning Division

1. Development shall conform to the map designated by the Cit y Planning Division as “ Vesting Tentative Parcel Map” drawn by GDR Engineering, Inc. , stamped dated October 4, 2022. 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 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 approv e 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 approved vesting tentative parcel map and the development shall be consistent with applicable section s of the Mitchell Road Corridor Specific Plan, 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 f ees, 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 ITEM 11

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 Ci ty and County 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 requir ements of Pacific 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 dev eloper shall inform al l contractors of the possibilit y 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.

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 18.34 of the Ceres Municipal Code.

Engineering S
ervices 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 Services Department prior to issuance of building permits for remaining dev elopment. If required, the applicant shall obtain coverage under the statewide NPDES General Construction permit and shall prepare a Storm Water Pollution Prevention Plan (SWPPP) with a signature block for the City Engineer to approve, 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 (3 copies; 2 for City & 1 for contractor). Furt hermore, prior to issuance of a building permit, a copy of the SWPPP and verification of a NOI, if required, must be submitted to the Engineering Services Department.

ITEM 11

2. The subdivider shall be responsible to prevent any material from any erosion that may occur from entering the existing storm drain system.

The subdivider shall pay for any and all cleanup this may cause.

Prior to issuance of the first building permit for the subdivision, a $5,000.00 bond shall be posted to cover cleaning of the storm drain system after build-out of the subdivision.

3. The applicant shall be required to work with the Engineering Services 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 the City stormdrain system.

4. All easements (i.e. public utility eas ements, etc.) and agreements required for this project shall be recorded concurrent with recordation of the final map.

5. The applicant shall ensure that water and sewer services are provided for the project to the satisfaction of the Engineering Services Department and Public Works Department.

6. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement.

7. 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.

8. The subdivider shall be responsible for all dust cont rol d uring the construction of this subdivision in compliance with the San Joaquin Valley Air Pollution Control District’s regulations.

9. Prior to final acceptance, the subdivider shall provide the City with copies of the final map and the record drawings i n an Auto Cad compatible DXF format. Additionally, the record drawings shall also be provided on 5 mil mylar.

10. 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.

11. 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 ITEM 11

and have not been properly sealed, they must be destroyed per County requirements.

12. 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:

13. 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.

14. 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 Polic e Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.

15. 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.

16. 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.

17. Sufficient surety guaranteeing any required public improvements for a period of one year after acceptance shall be provided.

18. 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 retur ned to the City Engineer's office.

I:\PLANNING\DEPT\PLANNING\PC\Resolutions\2023\Reso 23-04 (22-20 VTPM) with COA's.doc ITEM 11
ITEM 11
RECORDING REQUESTED BY:

CITY OF CERES
When R
ecorded mail to:

City
of Ceres
Community Development Department
2220 Magnolia Street
Ceres, CA 95307
DRAFT
RESOLUTION NO. PC 23-05
RE

SOLUTION OF THE CITY OF CERES PLANNING COMMISSION

APPROVING A CONDITIONAL USE PERMIT ENTITLEMENT FOR THE

ARCHITECTURAL REVIEW, LAND USE, AND PLACEMENT OF TWO RETAIL COMMERCIAL BUILDINGS THAT RANGE IN SIZE FROM 13, 782 SQUARE FEET TO 15, 230 SQUARE FEET AND A 145 -UNIT APARTMENT COMPLEX AT 3106 MITCHELL ROAD. APPLICATION NUMBER: 22-21 CUP.

PRO
PERTY OWNER: Rupinder Dhillon
Hiway Farm, LLC.
28214 Leaf Drive
Tracy, CA 95304
APPLI
CANT: GDR Engineering, Inc.
3525 Mitchell Road, Suite G
Ceres, CA 95307
SIT
E LOCATION: 3106 Mitchell Road Ceres, CA 95307
APN: 069
-019-001
WHERE
AS, the Planning Commission of the City of Ceres, State of California, ha s considered said application proposing a Conditional Use Permit entitlement for the architectural review, land use, and placement of two retail commercial buildings that range in size from 13,782 square feet to 15,230 square feet and a 145-unit apartment complex at 3106 Mitchell Road; and, WHE
REAS, the property affected by this resolution is located at 3106 Mitchell Road, Ceres, CA 95307; and,
WHE
REAS, the property affected by this resolution is situated in the City of Ceres, County of Stanislaus, and State of California and is described as follows:

WHEREAS, the Planning Commission held a duly notic ed public hearing on January 17, 2023 at 6:00 p.m. and considered all testimony and comment presented whether orally or in writing; and,

WHEREAS, the P lanning Commission based on the evidence within the staff report and project file find that:

1. The proposed Conditional Use Permit application is consistent with the purpose and intent of the City’s General Plan and the General Plan Amendment per PC Resolution 23-03.

2. The proposed Conditional Use Permit application is consistent with the purpose and intent of t he “Mixed Use - 1 ( MX - 1)” zoning designation as defined in the Mitchell Road Corridor Specific Plan.

3. With the conditions of approval im posed on th is Conditional Use Permit application, the proposed use will have no adverse effect on surrounding properties or on any wildlife or wildlife habitat.

4. The conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.

THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows:

Section 1. The Planned Community Development Plan is hereby approved, contingent upon the City Council approval of the Mitigated Negative Declaration and the General Plan Amendment ( 22-19 GPA) application. If the City Council fails to approve the proposed General Plan Amendment, the actions of the Planning Commission and this resolution become null and void.

Section 2. The establishment and operati on of CUP 22-21 requires compliance with the conditions of approval contained in this resolution and attached as Exhibit “A” and on file in the Planning and Building Division, which shall be binding on all heirs, assignees, and successors in interest of sa id property.

ITEM 11
Section 3. The Director of Community Development or designee is hereby directed to record this Resolution at the office of the County Recorder of the County of Stanislaus.

I HEREBY CERTIFY that the foregoing 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 17
th day of January 2023, by the following
vote:

AYES:

NOES:

ABSENT:

ATTEST:

CHRISTOPHER HOEM, SECRETARY OF

THE CERES PLANNING COMMISSION

CITY OF CERES

ATTEST:

_________________________________

ANN MONTGOMERY

ADMINISTRATIVE SECRETARY

CITY OF CERES

ITEM 11

EXHIBIT “A”

CONDITIONS OF APPROVAL

Conditional Use Permit # 22-21

City of Ceres

3106 Mitchell Road
Ceres, CA 95307

Approved by the Planning Commission: January 17, 2023
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 Ordinan ces, 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 uses per the “Mixed Use - 1 ( MX - 1)” zoning district listed in the Mitchell Road Corridor Specific Plan.

3. This Conditional Use Permit entitlement shall expire within 24 months (January 17, 2025) unless a building permit is issued, or the use is exercised, or a request for extension is received by the City prior to expiration of the permit and approved by the Planning Commission. If the final map for VTPM 22-20 is adopted before its expiration date, t hen this Conditional Use Permit (CUP 22-21) entitlement is valid and has no expiration date. IT SHALL BE THE

RESPONSIBILITY OF THE APPLICANT/PROPERTY OWNER 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
SUBMIT A NEW APPLICATION REQUEST FOR THIS PROJECT.

ITEM 11
B. PROJECT SPECIFIC CONDITIONS

Prior to issuance of a Final Site Plan 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 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. These changes shall be indicated with a delta or cloud symbol. A copy of these responses shall be provided with each se t of the final site map and improvement plans. These changes shall be approved by the Planning Division PRIOR to the submittal, and City acceptance, of a Building Permit application.

2. This Conditional Use Permit (CUP) entitlement is approved for the architectural review, land use, and placement of two retail commercial buildings that range in size from 13, 782 square feet to 15,230 square feet on the western half of the property; and for a 145- unit apartment complex that will consist of 1- , 2 -, and 3- bedroom units situated within six 3 -story buildings containing 24 units each, one 2- story stand -alone unit, and a 6, 723 square foot 2- story community building/clubhouse on the eastern half of the property .

The estimated square foot ages for the apartment units shall be as follows: 1 bedroom/1bathroom dwelling unit (+/- 700 square feet per unit), 2 bedroom/2 bathroom dwelling unit (+/- 950 square feet per unit), and 3 bedroom/2 bathroom dwelling unit (+/- 1,225 square feet per unit).

This CUP does not become effective until after the City of Ceres City Council approves General Plan Amendment 22-19 that is associated with this CUP request.

3. The applicant shall incorporate colors, materials, and architectural features as approv ed by the Planning Commission which are represented with the project elevations and colored renderings drawn by “Architecture Plus, Inc.” ( received on October 5, 2022) to the satisfaction of the Planning Division. The two retail commercial buildings shall include the combination of cemen t plaster finishes (which may be of smooth or rough textured finishes) integrated with horizontal and vertical siding, as well as the metal awnings and trellis features. T he buildings associated with the 145- unit apartment complex shall include the com bination of cement plaster finishes ITEM 11
(which may be of smooth or rough textured finishes) integrated wit h the corrugated metal panels. Any request for changes to the colors or materials for the proposed buildings shall be made in writing and shall receive prio r approval from the Director of Community Development or designee prior to their installation.

4. Prior to approval of the final map associated with VTPM 22- 20, the applicant shall complete or guarantee completion in a form satisfactory to the Engineeri ng Services Department, any required improvements associated with this entitlement (CUP 22 -21) and VTPM 22-20 to the satisfaction of the City which may include, but not be limited to: installation of project frontage improvements (i.e. curb, gutter, sidewalk and landscaping improvements) along Mitchell Road, paved on-site parking areas, on- site landscaping, new fencing along the north property line of the east half of the property, a perimeter block wall along the south and east property lines, on- site stor m drainage, and ensuring that water and sewer services are provided for the project to the satisfaction of the Engineering Services Division and Public Works Department.

5. A b uilding permit will be required for each building, each carport structure, and the applicant shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, Mitchell Road Corridor Storm Drain Fees, Mitchell Road Corridor Specific Plan Reimbursement Fee, and Ceres Unified School District fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued. The project is required to comply with the requirements of the California Building Code that are in place at the time said building permit application is made for each building.

6. T
he applicant shall comply with the following conditions for Phase 1 of the project , which shall be the construction of the 145- unit apartment complex. These conditions shall be com pleted prior to granting the apartment complex occupancy to the satisfaction of the Planning Division and Engineering Services Department:

a. T
he applicant shall, with the necessary building permits, demolish all existing structures intended for removal f rom the project site, which shall be completed with the approval of building permit(s).

b. The applicant shall obtain a building permit for each proposed building and carport structure associated with the Phase 1 project. The applicant shall complete the con struction of the six 3-story buildings containing 24 units each, one 2- story stand - ITEM 11
alone unit, a 6, 723 square foot 2 -story community
building/clubhouse, and all proposed carport structures.

c. The required parking for the 145- unit apartment project is calculated at 1.5 spaces per 1-bedroom unit, 2 spaces per 2- bedroom unit, and 2.5 spaces per 3-bedroom unit. The applicant shall provide at least 274 parking spaces to serve the apartment project. The applicant shall ensure that all parking stall lengths and widths and drive aisle widths are being met for the entire project.

d. The applicant shall provide all the frontage improvements (i.e. 5- foot wide landscape planter w/low groundcover plants , 12-15 foot wide planter with trees & shrubs, street lighting, roadway, curb, gutter, and a 5-foot wide sidewalk) along Mitchell Road with the construction of Phase 1 to the satisfaction of the City.

e. The applicant shall install the Apartment complex access drive aisles, the north driveway access to Mitchell Road, the mai n drive entrance with medians from Mitchell Road, parking, landscaping, and walkways for Phase 1 as identified on the project Site Plan, Conceptual Site Plan and Utility Plan and Landscape Plan.

f. The applicant shall work with the City Engineer and Fire Department to incorporate an appropriate deterrent to ensure that the north driveway access to Mitchell Road is restricted to a ”Right-Out” only turning movement. This shall be reviewed and approved by the City Engineer and the Fire Department.

g. To prevent the public from accessing the future Phase 2 parking lot areas, the applicant shall provide appropriate temporary barriers at the curb return areas of these parking areas. It shall be the responsibility of the applicant to maintain these barriers until the Phase 2 project is developed.

h. The applicant shall provide a 6- foot tall wood fence along the north end property line and 6- foot tall wrought iron fence with gated entrances at the west end property line of proposed Parcel 3 of VTPM 22-20 to the satisfaction of the City.

i. The applicant shall provide a 6- foot tall masonry wall along the south and east property lines of proposed Parcel 3 of VTPM 22- 20 as required by City Code for residential developments adjoining commercial zoned properties and as required per the Turlock Irrigation District (TID) letter dated November 17, 2022.

ITEM 11
j. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service to serve this project and the appl icant shall provide staff with detailed water calculations (sealed by a California licensed architect or Engineer).

k. As applicable, the applicant shall install all water, sanitary sewer and storm drain systems, and related utilities required to serve the project. Calculations for these utilities shall be prepared by a licensed civil engineer for review and approval by the City Engineer.

l. The improvements associated with Phase 1 (i.e. parking lot striping/paving, sidewalks/walkways, and lighting, etc.) s hall comply with all City standards to the satisfaction of the Planning Division and Engineering Services Department.

m. The applicant shall install striping and signing, paving, and any necessary transitions in accordance with the City of Ceres Procedures, Standard Specifications and Standard Details.

n. The applicant shall construct the four (4) refuse enclosures for the apartment complex as shown on the project site plan. Each refuse enclosure shall be constructed prior to granting occupancy for each building t hat said refuse enclosure(s) is intended to serve. Placement of these enclosures, size and design, shall be subject to review and approval by the City. The refuse enclosures shall meet the size requirements as
established in the City of Ceres Water Effic ient Guidelines and Standards. The enclosures shall have a 6’ masonry (split face block) wall with solid metal gates in front that match the building’s field color. At a minimum, textured block for the exteriors shall be provided for each enclosure. Pla ns for these enclosures shall be provided at building permit submittal.

Trees/shrubs shall be positioned around the enclosure to screen from public view to the satisfaction of the Planning Division.

o. The applicant shall work with staff on addressing ingre ss/egress for the project site with respect to analyzing and determining appropriate striping and lane widths at both the main entrance and the north end entrance of the project.

p. The applicant shall ensure that the entire project complies with the Am erican Disabilities Act (ADA) requirements to the satisfaction of the City of Ceres.

ITEM 11

7. The applicant shall comply with the following conditions for Phase 2 of the project , which shall include the construction of the two commercial buildings . These conditions shall be completed prior to granting the occupancy of the first commercial building to the satisfaction of the Planning Division and Engineering Services Department:

a. T
he applicant shall obtain building permits for the 15,230 square foot commercial building and 13, 782 square foot commercial building associated with the project.

b. T he required parking for the two commercial buildings is calculated at 1 space per 2 50 square feet of floor area with the exception of the restaurant use(s) which is calculated as 1 space per 3 seats. The applicant shall provide 163 parking spaces to serve the commercial buildings project, thereby providing 46 additional parking spaces above the required minimum for overflow parking.

c. As applicable, the applicant shall install all water, sanitary sewer and storm drain systems, and related utilities required to serve the project. Calculations for these utilities shall be prepared by a licensed civil engineer for review and approval by the City Engineer.

d. The applicant shall install all remaining project access, parking, walkways, and landscaping (i.e. trees & shrubs along the north and south perimeter areas, and interior parking lot areas) for Phase 2 as identified on the project Site Plan, Conceptual Site Plan and Utility Plan, and Landscape Plan.

e. The on- site improvements associated with this project (i. e. parking lot striping/paving, sidewalks/walkways, and lighting, etc.) shall comply with all City standards to the satisfaction of the Planning Division and Engineering Services Department.

f. The applicant shall install street lights, striping and signing, paving, and any necessary transitions in accordance with the City of Ceres Procedures, Standard Specifications and
Standard Details.

g. Any proposed exterior lighting will need to be shielded and/or directed downward and away, so as not to create any glare onto Mitchell Road, and the neighboring properties. The height of any new pole lighting proposed for the site shall not exceed the ITEM 11
30-foot tall height requirement per the Mitchell Road Corridor Specific Plan.

h. The applicant shall ensure that the entire project complies with the American Disabilities Act (ADA) requirements to the satisfaction of the City of Ceres.

i. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service to serve this project and the applicant shall provide staff with detailed water calculations (sealed by a California licensed architect or Engineer).

j. The applicant shall construct the four (4) refuse enclosures for the commercial buildings as shown on the project site plan.

Each refuse enclosure shall be constructed prior to granting occupancy for each building that said refuse enclosure(s) is intended to serve. Placement of these enclosures, size and design, shall be subject to review and approval by the City. The refuse enclosures shall meet the size requirements as
established in the City of Ceres Water Efficient Guidelines and Standards. The enclosures shall have a 6’ maso nry (split face block) wall with solid metal gates in front that match the building’s field color. At a minimum, textured block for the exteriors shall be provided for each enclosure. Plans for these enclosures shall be provided at building permit submit tal.

Trees/shrubs shall be positioned around the enclosure to screen from public view to the satisfaction of the Planning Division.

8. Prior to issuance of building permit(s) for the project, the applicant shall comply with the following requirements:

a. The applicant shall demonstrate that reciprocal parking, maintenance, and access agreements have been recorded
between Parcel 1, Parcel 2, and Parcel 3 of the VTPM 22-20 entitlement.

b. The applicant shall enter into a Landscape Maintenance Agreement (between the applicant and the City), which shall be signed and executed prior to the issuance of a building permit for the project. Landscape Plans shall meet State of California’s Model Water Efficient Landscape Ordinance (MWELO)
standards and said plans shall be designed by a California State Licensed Landscape Architect. The applicant shall ensure the project landscape plan incorporates trees and shrubs for the landscape areas of the project as follows:

ITEM 11

i. Include at least 1 tree and 10 shrubs for each 35 feet of project street frontage area (along Mitchell Road) with a minimum planter width of 10 feet.

ii. Include perimeter landscaping of at least 1 tree and 5 shrubs for each 35 feet along the north, south, and east property lines of the property. The perimeter landscape planter width shall be a minimum of 5 feet.

iii. Include at least 1 t ree for every 8 parking spaces in the interior of the project parking lot (i.e. tree wells).

iv. Include trees and shrubs situated around the buildings, and pool area/playground area as illustrated on the project Landscape Plan (Sheets L0.0, L0.1, L0.2, L0.3, and L0.4) as drawn by “KLA Landscape Architecture Planning” on
October 3, 2022.

9. Signage for the project will be subject to the requirements of Chapter

18.26 (Ceres Sign Code) of the Municipal Code. For any proposed wall signs, the City will require wall signs to be designed as individual channel lettering with an appropriate background (not a cabinet type sign). The maximum allowable sign area for a wall sign for the two commercial buildings is 1 square foot of sign area for every 1 lineal foot of primary building frontage and ½ square foot for every 1 linear foot of secondary frontage.

One monument sign may be permitted near the main entrance to the site to advertise both the commercial center and the apartment complex, but at no more than 25 feet in height and not exceeding 150 square feet per side, or one- half (1/2) square foot of sign area per lineal foot of street frontage, whichever is less. However, a maximum of 30 square feet per side of the 150 square feet of sign area shall be utilized to identify the apartment complex, thereby allowing 120 square feet to be utilized for the commercial center. If the monument sign is constructed during Phase 1, the sign can only be us ed to identify the name of the apartment complex and shall not be used for any other advertising purposes. Upon completion of the Phase 2 development, the remaining portion of the sign can be used to advertise the occupants of the Phase 2 buildings.

10. The applicant shall ensure that the proposed buildings and structures remain outside the existing stormdrain easement located at the north end of the project site.

ITEM 11

11. Prior to issuing any building permits for the project, the plans will need to demonstrate how drainage will be or has been
accommodated to the satisfaction of the Engineering Services Department. The City may require all storm drainage to be retained on site, if connection cannot be made in the street to the Storm Drain system. The applicant may wish to accommodate some storm drainage capacity on-site, as in a significant rain event the collection system may become inundated and lose capacity, which may result in some temporary localized flooding on- site. The applicant shall be required to maint ain the existing storm drain easement along the northern boundary of the project site (to allow access to the storm drain lift station near the northeast end of proposed Parcel 3).

12. Prior to issuance of building or grading permits, the applicant shall address the issue of undergrounding the remaining existing overhead electrical/utility lines on the property and along the project frontage area along Mitchell Road to the satisfaction of the City Engineer.

This condition of approval shall be satisfied by completing one of the following options:

a. Underground the existing overhead electrical/utility lines along the project frontage area; or

b. Pay an in- lieu fee for their fair share of the undergrounding, which shall be determined by the Engineering Services
Department; or

c. Enter into a Deferred Undergrounding Agreement to guarantee payment of this side’s fair share of undergrounding in the future.

13. The applicant/future tenant(s) shall provide a standard food service grease trap for each building that has a kitchen/food prep area, which shall be approved by the County of Stanislaus Department of Environmental Resources.

14. If any “Bike Racks” are being proposed for the commercial project area, they shall be equally distributed throughout the “retail shops” area near the two buildings.

15. The applicant shall ensure that all roof mounted mechanical units are to be screened, and all exterior mechanical units visible from the street are painted the same of the buildings’ fields color and must have screened landscaping. Any wall mounted mechanical units need to be flush with the exterior of the building. This shall be accomplished to the satisfaction of the City.

ITEM 11

16. The applicant will be required to repair any damage to Mitchell Road for the installation of curb, gutter, and sidewalk improvements, as well as water and sewer services that would be provided for the proposed project.

17. The applicant shall comply with the requirements of the Turlock Irrigation District (TID) per the District’s letter dated November 17, 2022, on file with the Community Development Department.

18. The applicant shall comply with any requirements imposed by the San Joaquin Valley Air Pollution Control District (SJVAPCD).

19. The applicant shall provide “As -Built” drawings of the improvements including plan and profiles of the water, sanitary sewer and storm drain systems. Alignments shall be tied to a monumented property corner.

C. GENERAL CONDITIONS OF APPROVAL

Planning Division

1. Development shall conform to the plans designated by the City Planning Division as “Final Exhibit”. Final exhibit shall consist of the submitted map(s), site plan, floor plans, elevations and landscape plans amended by the applicant to reflect any changes indicated above in, Item B, Project Specific Conditions or required by the City in the approval process. The applicant shall submit any required amended site plans to the Planning Division within 90- days of project approval. Failure to submit the amended plans will result in a delay in processing and/or approval of those plans.

2. 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 County Public Facility Fees, Ceres Unified School District Fees , Mitchell Road Corridor Specific Plan 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.

3. Any plans associated with the permit shall be in substantial compliance to the approved site plan and the development shall be consistent with applicable sections of the General Plan, Zoning Ordinance and applicable master plan. Violation of any provision(s) ITEM 11
may result in Code Enforcement action, which may include revocation of permit and/or monetary penalties.

4. As applicable, the applicant shall meet all requirements of Pac ific Gas & Electric, AT&T, San Joaquin Valley Air Pollution Control District, Turlock Irrigation District (TID) and other utility agencies serving the project site to the satisfaction of the Planning Division.

5. The developer will defend, indemnify, and hold harmless the City, its agents, officers, employ ees 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, incl uding attorney fees, arising in any manner out of the approval or 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.

6. 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.

7. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, landscaping and/or public utilities over the proposed property. Where required, location of all easements shall be agreed to with the City prior to t he issuance of building permits. These easements shall be recorded prior to issuance of a Certificate of Occupancy.

8. In addition to complying with the State of California’s Model Water Efficient Landscape Ordinance (MWELO) standards, the applicant shall be required to landscape and irrigate the proper ty as stipulated by the City of Ceres Water Efficient Guidelines and Standards. The applicant, prior to building permit submittal, shall provide landscape and irrigation plans indicating the type, size and location of planted material, water usage calculations and irrigation plans. The Director of Community Development or his designee will review and approve all landscape and irrigation plans. A Landscape Maintenance Agreement form shall be signed and executed prior to issuance of a building permit.

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9. The trash/recycling enclosure s for this project shall meet the size requirements established in the City of Ceres Water Efficien t Guidelines and Standards. Each enclosure shall have a six -foot textured masonry block with solid metal gates in front that matc h the building field color. In visible locations, the enclosures may be required to have stucco siding and provide landscape screening, such as climbing vines or bushes to the discretion of the Director of Community Development or his designee.

10. All sign age shall be consistent with the standards and guidelines established in Section 18. 26 of the City of Ceres Municipal Code.

The placement and installation of said signs shall comply with both zoning and building codes in place at time of approval.

11. The applicant shall comply with the visibility obstructions at public intersections provisions in Chapter 12. 7 of the City of Ceres Municipal Code.

12. During the construction phase, the applicant shall ensure temporary outdoor storage of items will be screened with a fence or wall, as required. Depending on use, fences or walls shall not exceed eight (8’) feet in height including security measures , unless required for environmental mitigation or approval of the Planning Commission or City Council.

13. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District regarding Rule 9510 to the satisfaction of the City of Ceres. If applicable, applicant shall submit verificatio n of compliance or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City.

14. The Planning Division may approve minor amendments to the project, provided that the amendment is still in substantial conformance with the original approval of this entitlem ent (CUP 19- 07). A request for a minor amendment shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presented to the Planning Commission through the amendment process and the applicant shall pay the necessary processing fees.

15. The applicant and/or outside party have the right to appeal, within 10-days, any decision of the Planning Commission to the City ITEM 11
Council per the provisions of Chapter 18. 34 of the Ceres Municipal Code.

16. The applicant shall comply with the applicable sections of both the Mitchell Road Corridor Specific Plan and the Ceres Municipal Code.

Engineering Services Department/Public Works Department

The applicant shall comply with the requirements imposed by the City of Ceres Engineering Services Department /Public Works Depart ment, which may include, but not be limited to the following:

1. The applicant shall submit to the City of Ceres for review and approval, a grading and drainage plan prepared by a Registered Civil Engineer; shall obtain a grading permit; and shall post suffi cient surety guaranteeing completion.

2. The applicant shall demonstrate to the satisfaction of the Engineering Services Department that surface water runoff from the proposed buildings, including new access/ driveway/parking areas, are conveyed to stormwater facilities and that the facilities are adequately sized for the proposed changes.

3. A soils report is required for the project. The applicant shall submit to the City of Ceres for review and approval, a detailed soils report certified by a Civil Engineer registered in the State of California and qualified to perform soils work. The soils report shall comply with the requirements of the current edition of the International Building Code with the current C alifornia amendments. The soils report shall provide design parameters for proposed building foundation, soil preparation, and specifications and recommendations for pavement sections, including loading areas and fire lanes.

4. The project may be subject to providing the Engineering Services Department (209-538-5792) with water and sewer analysis to ensure the City has sufficient capacity to serve the development.

5. All services shall be installed and protected as per City standards.

Additional utility eas ements may be needed for sewer, water, and storm drainage.

6. Prior to issuance of building permits, a plan for preventing stormwater pollution and implementation of appropriate Best Management Practices (BMP’s) must be submitted to, and approved by, the Cer es Engineering Services Department. The plan shall comply with the ITEM 11
State Water Regional Control Board Storm water Best Management Practices during construction.

7. The project shall be designed to incorporate “Low Impact Development (LID)” design parameters as well as a Stormwater Pollution Prevention P lan (SWPPP). The City needs a copy of the SWPPP prior to start of construction (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's stormdrain inlets, which includes gravel drives at entrance/exit points, wattles, and stormdrain inlet filters, as well as keeping concrete wash, chemicals, etc. out of the stormdrain system. This shall be done to the satisfaction of t he Engineering Services Department.

8. The applicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service.

9. Prior to any work being conducted within the City right -of-way and prior to issuance of building permits, the applicant shall obtain an Encroachment Permit from the City. Prior to issuance of the Encroachment Permit, the applicant shall submit to the City of Ceres for review and approval, improvement plans prepared by a registered Civil Engineer; shall pay plan check and inspection fees; s hall provide a cost estimate of the improvements; and shall post sufficient surety guaranteeing the construction of the improvements.

10. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the City right -of- way.

11. 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. Additionally, any wells or septic systems existing of the property shall also be abandoned. Additional utility easements might be needed for sewer, water, and storm drainage.

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 of Stanislaus requirements.

13. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement.

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14. The applicant shall submit pavement design sections to the Engineering Services Department for review and appr oval prior to placement of pavement.

15. All improve ments shall be constructed in accordance with City standards and to the satisfaction of the Engineering Services Department.

16. The applicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project.

DURING CONSTRUCTION, THE FOLLOWING CONDITIONS
SHALL APPLY:

17. 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 F ire Department, 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.

18. 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.

19. If grading is to take place between October 1 and May 1, both temporary and permanent erosion control plans shall be submitted for review and approval along with the grading plan. Permanent erosion control measures shall include hydro- seeding of all graded slopes within 60-days of completion of grading.

20. Where soil or geologic conditions encountered in grading operations are different from that anticip ated 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.

21. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided.

22. 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 Engineering Services Department office.

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Building Division

1. The proposed development requires the approval of building permit(s) and it shall be subject to comply with the currently adopted California Building Code and disability accessibility as approved by the Building Division at the time of building permit issuance.

2. The applicant shall list all color and materials on the construction drawings when submitted to the City’s Building Division.

3. An automatic fire sprinkler system will be required for each building.

4. 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.

5. All construction shall meet the requirements of the current adopted California Building Code, and disability accessibility as approved by the Building Division.

6. The applicant shall obtain approval of a City of Ceres building permit for the project and shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School District fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued.

7. The applicant shall provide on- site restroom facilities during construction.

8. Handicapped parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side. Handicapped accessibility to the proposed building shall be required. Handicapped accessibility to the proposed building shall be required per State Law and to the approval of the Building official.

9. T he project will be subject to approval from the San Joaquin Valley Air Pollution Control District.

Fire Department

The project shall conform to any requirements imposed by the Emergency Services Department, including, but not limited to:

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1. All const ruction shall conform to the requirements of the Ceres Building Division and Ceres Ordinance 84- 625, as amended pertaining to the Uniform Fire Code and Ordinance 80- 546, as amended, pertaining to Automatic Sprinklers.

2. An automatic fire sprinkler system is required for each building. Each sprinkler system must be approved by the Fire Marshal.

3. A Hood and Duct Suppression System is required for restaurant uses.

4. A Knox type key emergency access box is required for each building.

Location to be specified by the Ceres Emergency Services.

5. Knox type padlock (with puck control; keypad and Knox override switch) is required for the gated access points to the apartment complex to satisfaction of the Fire Marshal.

6. A ll emergency vehicle access points and proposed utilities shall ensure cross -easements and shall be located per the proposed development plans unless modified by these conditions.

7. All emergency vehicle access areas shall be constructed of an all weather material approved by the Ceres Emergency Services.

8. An approved fire alarm system is required for each building and each system shall be 24- hour monitored by an approved and UL listed monitoring station.

9. Fire hydrant(s) are required. All fire hydrant(s) shall be spaced 300 feet apart in which both on and off site location to be approved by Ceres Fire Department. Fire hydrants shall also be within 50 feet of the Fire Department Connection on the same side roadway for the Automatic Fire Sprinkler System. They shall be connected to a minimum main size of 8 inches for a dead- end hydrant and 6 inches for a looped system.

10. Each hydrant shall be Rich 960 or equal and be within 50 feet of each Fire Department Connection ( FDC). Fire Department Connections (FDC’s) shall be located per Ceres Fire Department specifications.

11. Fire main layout shall be reviewed and approved by the Ceres Emergency Services. All water systems shall be looped when supplying more than one hydrant.

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12. Fire Lane-No Parking zones shall be established and marked for this project per the Fire Department specifications.

13. As applicable, all interior turning radius’ for this project shall be required to meet the requirements of the Fire Department.

14. The applicant shall provide and install security lighting for the project.

15. All vertical obstructions shall be higher than 13 feet 6 inches.

16. Each building shall be clearly identified by street address or building number.

17. All security gates shall be approved by the Ceres Fire Department.

The security gates and the emergency operation shall always be maintained operational. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.

18. All gates shall be provided with an approved egress system for the Ceres Fire Department.

19. Blue roadway indicators shall be provided according to the Ceres Fire Department policy.

20. A minimum of 48-hour notice is required for all inspections.

Police Department

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\2023\Reso 23-05 (CUP 22-21, Dhillon Villas) with COA's.doc ITEM 11
ITEM 11
A PROPOSAL FOR TWO RETAIL COMMERCIAL BUILDINGS (15,230
AND 13,782 SQUARE FEET) AND A 145-UNIT APARTMENT COMPLEX ON THREE PROPOSED PARCELS AT 3106 MITCHELL ROAD. 22-19
GPA, 22-20 VTPM, & 22-21 CUP.

Project Area North
Exhibit E
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CITY OF CERES

PLANNING COMMISSION

MEETING MINUTES
May 6, 2019
ME
ETING CALLED TO ORDER: 6:00 p.m.

PLED
GE OF ALLEGIANCE:

Th
e Pledge of Allegiance was led by Chairperson Condit.

RO
LL CALL:

PRESEN
T: Commissioners: Del Nero, Johnson, Kachel, Smith, Chairperson Condit
ABS
ENT: None
AL
SO PRESENT: Director of Community Development Tom Westbrook, City Manager Toby Wells, Director of Engineering
Services/City Engineer Daniel Padilla, Senior Planner
James Michaels, City Attorney Vincent Wu, Administrative Secretary Ann Montgomery
CONF
LICT OF INTEREST DECLARATION:

None

CIT
IZEN COMMUNICATIONS:

None

CONS
ENT CALENDAR:

1. Cl
erk’s Report of Posting. The Agenda for the regular meeting of the Planning Commission of May 6, 2019 was posted on May 1, 2019.

2. Approval of Minutes
a. March 4, 2019 (all present)

3. Gener
al Correspondence – Information only
a. Annual Progress Report on the Implementation of the City’s Housing Element Exhibit K
ITEM 11
Planning Commission Meeting Minutes
May 6, 2019

ACTION: It was moved by Commissioner Smith; seconded by Commis sioner Kachel to approve the Consent Calendar. Motion passed by the following vote:

AYES: Commissioners Del Nero, Johnson, Kachel, Smith, Chairperson Condit NOES: None
ABSENT: None

CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR

None

PUBLIC HEARINGS:

4. 19- 08 Conditional Use Permit (CUP); Proposal to construct a 7-11 convenience store with a gas station consisting of 6 fueling stations at 1660 E. Whitmore Avenue.

Benny Dhanda, applicant.

Senior Planner, James Michaels presented the staff report.

Director of Community Development, Tom Westbrook noted that staff received correspondence from two property owners who own businesses north of Whitmore Avenue: Jim Lawson and Don Widdifield, expressing their concerns with some of the access on Whitmore Avenue and indicated that their preference that this be a right -in only driveway. This has been provided at the dais this evening.

Brief Commission discussion ensued.

The Public Hearing was opened at 6:09 p.m.

• Dave Pratt, Ceres citizen

Mr. Pratt remarked that as far as the right- in and right–out goes, he hopes they’re doing some kind of curb out in the middle; something to prevent left-hand turns.

• Benny Dhanda, applicant – Stockton, CA

Mr. Dhanda stated that he’s available for any questions the Commission may have. He also remarked that just to add onto the center divider, the median; if that’s what makes the project move forward, he is in favor of putting in a right-in and right-out. He knows that they had a phone conversation in regards to making a right -in only. It would impact the project if it did become a right- in only. It wouldn’t be favorable as individuals are coming into get gas. They want to get on to their daily commutes; they need to make sure they’re getting out onto Whitmore and going about their daily routes as well. As far as the left turn from Whitmore, he does agree that it would be substantially an issue if we have people coming in that are traveling westbound on Whitmore Avenue, trying to turn left into the station. He personally is in favor of having a center divider there as well.

• Luis Dominguez, Owner, Little Mexico City Restaurant, 1821 Mitchell Road, Ceres, CA
2 ITEM 11
Planning Commission Meeting Minutes
May 6, 2019

Mr. Domiguez stated he has a restaurant on one of their properties on Mitchell Road and has worked with these people for two years. With the two years that he’s known them, he’s pretty sure that whatever the City agrees to prevent anything that’s going to affect not just the gas station, but the traffic and potential accidents; he’s pretty sure that they’re willing to do whatever it takes to move on with this project.

The Public Hearing was closed at 6:13 p.m.

Brief Commission discussion ensued.

ACTION: It was moved by Commissioner Kachel; seconded by Commissioner Smith to make the determination that this project is exempt from Environmental Rev iew, per CEQA Guidelines 15332, Class 32 for In Fill Development and approve 19-08 CUP subject to the findings and conditions contained in PC Resolution 19-07. Motion passed by the following vote:

AYES: Commissioners Del Nero, Johnson, Kachel, Smith, Chairperson Condit NOES: None
ABSENT: None

5. 19-05 General Plan Amendment, 19- 06 Vesting Tentative Parcel Map and 19- 07 Conditional Use Permit (19- 05 GPA, 19- 06 VTPM & 19- 07 CUP); Proposal for two retail commercial shop buildings (15,300 square feet and 13,800 square feet each) and a 145-unit apartment complex on three proposed parcels at 3106 Mitchell Road.

GDR Engineering, applicant.

Senior Planner, James Michaels presented the staff report.

Brief Commission discussion ensued.

The Public Hearing was opened at 6:24 p.m.

• Josh Jantz, GDR Engineering, Inc., 3525 Mitchell Road, Suite G, Ceres, CA

Mr. Jantz thanked Mr. Michaels for the project description. Mr. Jantz touched on the entrances, noting the primary in and out will be through the center of the project, to access the apartment site as well as both retail sites, with gates. The secondary in and out to the north will be mainly for the retail in and out, a right-in/right-out only, but we will have access gates for emergency vehicles to access the sites from the north. On the south side, in front of the retail buildings, there will be access to the south once that parcel develops. So, technically there will be three in and out’s in to the retail portion of the site, once the south property develops, but the gated access and the apartments will only be for emergency. Since it’s a gated community, we wanted to keep the primary in and out to the apartments through the gated access between the two retail buildings.

Mr. Jantz explained more about the apartments, noting the configurations of the buildings and quantities of the apartment units:
• 1 bed/1 bath – total of 48 units – 33%
• 2 bed/2 bath – total of 84 units – 58%
• 3 bed/2 bath – total of 13 units – 9%
3 ITEM 11
Planning Commission Meeting Minutes
May 6, 2019

Commissioner Smith asked if these apartments will be market rate.

Mr. Jantz confirmed.

Mr. Jantz continued, with describing the details of the various buildings and rooms within the project , which will provide the residents within the community some unique amenities.

Mr. Jantz provided an explanation of what happened with the previous project that had been approved. They were having a hard time trying to find a big box retailer to come in, which would support that whole commercial center, and be the anchor of that project.

The clients did have numerous calls for the 1,200 – 1,500 square foot range, which was a lot more popular for this area. With the Save Mart Center being across the street and Walmart coming in, we felt basically wiping the slate clean and proposing something different and having something smaller with the 1,200 – 1,500 square foot retail buildings up front and doi ng the apartment site in the back, which is consistent with the two existing apartment complexes to the north of this site.

Chairperson Condit asked Mr. Jantz about the spacing in between the retail units and the gate line for the gated community.

Mr. Jantz provided an explanation and stated that it will be completely gated in with a wrought-iron fence that will go along the back side.

The Public Hearing was closed at 6:31 p.m.

Commission discussion ensued.

Chairperson Condit stated he likes the project, but has a lot of concerns about the increase in traffic to the Mitchell Road Corridor.

ACTION: It was moved by Commissioner Smith; seconded by Commissioner Kachel to:

1. Recommend the City Council adopt the Mitigated Negative Declaration prepared for this project per PC Resolution 19-03;

2. Recommend the City Council approve the General Plan Amendment per the findings and conditions listed in PC Resolution 19-04;

3. Approve 19-06 VTPM subject to the City Council adopting the Mitigated Negative Declaration and approve the General Plan Amendment per the findings and conditions listed in the PC Resolution 19-05;

4. Approve 19-07 CUP subject to the City Council adopting the Mitigated Negative Declaration and approving the Conditional Use Permit per the finding s and conditions contained in PC Resolution 19-06.

Motion passed by the following vote:

AYES: Commissioners Del Nero, Kachel, Smith,
NOES: Commissioner Johnson, Chairperson Condit
ABSENT: None

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City of Ceres – Planning and Building Division Page 1
22-19 GPA, 22-20 VTPM, 22-21 CUP - Initial Study/MND
City o
f Ceres
Environmental Checklist Form

1. Project Title: General Plan Amendment (GPA 22-19), Vesting Tentative Parcel Map (VTPM 22-20), and Conditional Use Permit (CUP 22-21): Proposal for two retail commercial shop buildings (13,782 square feet and 15,230 square feet each) and a 145-unit apartment complex on three (3) proposed lots at 3106 Mitchell Road in Ceres, California.

2. Lead Agency Name and Address: City of Ceres
2220 Magnolia Street
Ceres, CA 95307

3. Co
ntact Person and Phone Number: James Michaels, Senior Planner, James
[email protected], 209.538.5789

4. Pr
oject Location: 3106 Mitchell Road
(APN: 069-019-001)

5. Pr
oject Sponsor’s Name and Address: GDR Engineering, Inc.

ATTN: Haren Sanghera and Max Garcia
3525 Mitchell Road, Suite G
Ceres, CA 95307

6. Gen
eral Plan Designation: CC, Community Commercial

7. Zo
ning Designation: MX-1, Mixed Use – 1 (Mitchell Road Corridor Specific Plan)

8. De
scription of the Project: This proposed project is for a General Plan Amendment , a Vesting Tentative Parcel Map, and a Conditional Use Permit entitlement involving the subdivision of a 9.7- acre commercial zoned property into three parcels, the construction of two retail commercial shops on the western half (3.5 acres) of the property, and a 145- unit apartment complex on the eastern half (6.2 acres) of the property located at 3106 Mitchell Road (just east of Mitchell Road, approximately 1,300 lineal feet south from the Mitchell Road and Whitmore Avenue intersection and 615 lineal feet north from the Mitchell Road and Roeding Road intersection).

The pr
oposed General Plan Amendment would modify the “CC, Community Commercial” designation on the eastern half of the site to “HDR, High Density Residential” to allow for potential residential development . The Vesting Tentative Parcel Map would subdivide the 9.7- acre site into 3 parcels where said lots range from

1.66 acres to 6.2 acres in size with two lots (Parcels 1 and 2) being reserved for retail commercial use with two buildings and Parcel 3 would be developed with an apartment complex . T he Conditional Use Permit request would allow for the architectural review, use, and placement of two retail commercial buildings that range in size from 13, 782 square feet to 15, 230 square feet, and for a 145- unit apartment complex that will consist of 1-3 bedroom units situated within six 3-story buildings containing 24 units each, one 2- story stand- alone unit, and a 6,723 square foot 2-story community center type building to serve the apartment complex.

Prim
ary access to the site from Mitchell Road is being provided by a 48-foot wide access easement situated on proposed Parcels 1 and 2, and this access will lead to the project parking area consisting of 437 spaces to serve the entire development of which 163 parking spaces will serve the retail development, while 27 4 parking spaces will serve the residential development. An additional 20- foot wide access driveway f rom Mitchell Road located along the north property line of the site will be utilized for secondar y access and ITEM 11

City of Ceres – Planning and Building Division Page 2
22-19 GPA, 22-20 VTPM, 22-21 CUP - Initial Study/MND

emergency vehicle access. Each building will be designed to include architectural features to enhance the site and the surrounding Mitchell Road corridor.

9. Surrounding Land Uses and Setting: The zoning and the existing developments on and in the vicinity of the proposed project development are summarized below.

EXISTING LAND USE ZONING CERES GENERAL PLAN
Project
Site
Single-Family Residence
w/Trucking Operation MX-1, Mixed Use - 1 CC, Community Commercial North
Office/Retail & Automotive type
services, Multi-Family housing,
and Colleen Way
MX-1, Mixed Use – 1 &
CC, Community Commercial
CC, Community Commercial &
HDR, High Density Residential
South
Vacant and Developed
Commercial properties and
Roeding Road
MX-1, Mixed Use - 1 HC, Highway Commercial &
SC, Service Commercial
East TID Ceres Main Canal, Moore
Road and Single-Family Homes
County of Stanislaus
jurisdiction SC, Service Commercial
West
Stanislaus County Office of
Education, Single-Family Homes,
Mitchell Road
HC, Highway Commercial &
RL-7, Low Density Residential
HC, Highway Commercial &
LDR, Low Density Residential

The project involves one 9.7- acre parcel and is located at 3106 Mitchell Road ( just east of Mitchell Road, approximately 1,300 lineal feet south from the Mitchell Road and Whitmore Avenue intersection and 615 lineal feet north from the Mitchell Road and Roeding Road intersection). The project site is currently developed with a single- family residence and a truck parking operation with no frontage improvements (i.e. curb, gutter, and sidewalk), and has sparse vegetation primarily considered as grasses and invasive weeds, all of which will be removed for the construction of this project. The project area is surr ounded by existing commercial development and multi-family housing to the north, existing and vacant commercial development to the south, the Stanislaus County Office of Education buildi ng and single-family homes to the west across Mitchell Road, and TID Ceres Main Canal, Moore Road, and single- family homes to the east.

10. Other public agencies which approval is required: (e.g. permits, financing approval, or participation agreement.

None.

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City of Ceres – Planning and Building Division Page 1
22-19 GPA, 22-20 VTPM, 22-21 CUP - Initial Study/MND

Figure No. 1 – Vicinity Map

Project Site Area North

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City of Ceres – Planning and Building Division Page 2
22-19 GPA, 22-20 VTPM & 22-21 CUP - Initial Study/MND

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City of Ceres – Planning and Building Division Page 2
22-19 GPA, 22-20 VTPM & 22-21 CUP - Initial Study/MND
EVALUATION OF ENVIRONMENTAL IMPACTS:

1. A br
ief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impac t” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the projects out side a fault rupture zone). A “No Impact” answer should be explained where it is b ased on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

2. Al
l answers must take account of the whole action involved, including off -site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3. Onc
e the lead agency has determined that a particular physical impact may occur, then the checklist answers must ind icate whether the impact is potenti ally significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is sub stantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” ent ries when the determination is made, an EIR is required.

4. “Negat
ive Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5.) below, may be cross-referenced).

5. Ear
lier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a. Earl
ier Analysis Used. Identify and state where they are available for review. b. Impac
ts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures on the earlier an alysis. c. Mit
igation Measures. For effects that are “Less than Significant with Mitigation Measures incorporated”, describe the mitigation measures which were incorporated or refined from the earlier documents and the extent to which they address site-specific conditions for the project.

REF
ERENCES:
- Cer
es General Plan – May, 2018
- Ce res General Plan DRAFT EIR – February, 2018
- Ceres General Plan Final EIR – April, 2018
- Ceres Zoning Ordinance, Title 18, Ceres Municipal Code - Mitchell Road Corridor Specific Plan (MRCSP)
- San Joaquin Valley Air Pollution Control District Regulations VIII - California Natural Diversity Database (CNDDB), US Fish & Wildlife Service, 2015 - Ceres Sewer Master Plan, 2013
- Ceres Water Master Plan, 2011
- Stanislaus County Important Farmland Map, 2018, California Department of Conservation-Farmland Mapping and Monitoring Program
ITEM 11

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I. AESTHETICS

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?

c) In non -urbanized a reas, substa ntially d egrade the existing visual character or quality of public views of the site and its surroundings? ( Public v iews are
those that are experienced from publicly
accessible vantage point) . If the project is in an
urbanized area, woul d the project conf lict with
applicable zo ning and other regulations governing
scenic quality?

d) Create a new source of substantial light or glare,
which would adversely affect day or ni ghttime views
in the area?

Comments:

a,b) No Impact. The project site has relatively flat topography with no scenic vistas, and Mitchell Road is not located within a state scenic highway. Thus, it is expected the project will have no impact to scenic vistas or scenic resources such as trees, rock outcroppings or historic buildings. Therefore, it is expected the project will have No Impact.

c,d) Less Than Significant Impact. The proposed parcel map coupled with the construction of the project will create new sources of light and glare that could impact day or nighttime views within the area. However, the development of this project will require the developer to install lighting such that it does not direct glare or adversely affect surrounding properties and roadways. Furthermore, the developer will be required to install a masonry wall along the east property line (adjacent to the TID Ceres Main Canal) to comply with the Turlock Irrigation District (TID) standards for developments adjoining District canals. It is anti cipated the proposed development will not substantially degrade the existing visual character or quality of the site or its surroundings, as the development will be consistent with the surrounding land uses. Thus, a Less Than Significant Impact is expected for this project.

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II. AGRICULTURAL AND FORESTRY

RESOURCES

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

In determining whether i mpacts to agricultural resources are significant environmental effect s, lead agencies may refer to the California Agricultural Land Evaluation and Site assessment Model (1997) prepared by the California Department of Conservation as an optional model to us e in assessing impacts on agriculture and farmland. In
determining w hether impacts to fore st resources,
including timberland, are significant environmental
effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire
Protection regarding the state’s inventory of for est land, including the Forest and Range Assessment Project and
the Forest Legacy Assessment Project; forest carbon
measurement methodology provided in For est Protocols
adopted by the California Air Resources Board. Would the Project:

a) Convert Prime farmland, U nique farmland, or
Farmland of Statewide Importance, as shown on the
maps prepared pursuant to the farmland Mapping
and Monitoring Program of the California Resources
Agency, to non-agricultural use?

b) Conflict with existing zoning for agricultural use or a Williamson Act contract?

c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Pub lic Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland z oned
Timberland Productio n (as defined by Government
Code Section 51104(g))?

d) Result in the loss of forest land or conversion of
forest land to non-forest use?

e) Involve other chang es in the existing environment
which, due to their location or nature, could result in conversion of Farmland to non- agricultural use, or
conversion of forest land to non-forest use?

Comments:

a) No Impact. The project site is surrounded by commercial and residential development. The Stanislaus County Important Farmland Map of 201 8 designates that subject property as Urban and Built -up Land, and therefore, is not considered to be prime or unique farmland of Statewide Importance. As such, the proposed project will have No Impact.

b-d) No Impact. The project site is currently developed with an existing single- family residence and a truck parking operation, and is not under a Williamson Act contr act and is not currently being cultivated for an agricultural use. Additionally, the property does not include any forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), timberland zoned Timberland Production (as defined by Government Code Section 51104(g)), nor does it result in the loss or conversion of forest land to a non -forest use. Therefore, construction of the project coupled with the parcel split associated with the property will have No Impact.

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e) No Impact. The proposed development and the proposed parcel map will not involve other changes in the existing environment, as the project site does not include any farmland or forest land. Thus, the construction of the project improvements and the proposed subdivision do not result in converting farmland to non- agriculture use or converting forest land to a non- forest use. As such, the proposed project will have No Impact.

III. AI R QUALITY

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Where applicable, the signi ficance criteria established by the applicable air quality man agement district or air
pollution control district may be relied upon to make the following determinations. Would the project:

a) Conflict with or obstruct implementation of the
applicable air quality plan?

b) Result in a c umulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state amb ient air quality standard?

c) Expose sensitive receptors to substantial pollutant
concentrations?

d) Result in othe r emissions (such as those leading to odors) adversely affecting a subs tantial number of
people?

Comments:

a) Less Than Significant Impact. The development of this project will not obstruct implementation of an air quality plan, and it is expected that this project will be subject to the San Joaquin Valley Air Pollution Control District’s Rule 9510 which is the Indirect Source Review and the project will either have to incorporate approved District measures to reduce expected pollution or pay fees based on the expected pollution that might be generated as a result of the project. Additionally, during the construction phase of this project, the developer will be required to adhere to Rule 8021 which regulates construction activi ties, including earthmoving. Because this project will be required to comply with the standards of the San Joaquin Valley Air Pollution Control District, this will be a Less Than Significant Impact.

b) Less Than Significant Impact with Mitigation Incorp orated. The San Joaquin Valley Region is a "non- attainment” area for state particulate matter (PM10) and ozone standards, and the Federal ozone standard.

During grading and construction activities, it is anticipated that the project’s primary contribution to air quality emissions would be particulate matter, which may result as a potentially significant impact. The applicant will be required to comply with the San Joaquin Valley Air Pollution Control District (PM10) regulations. Additionally, implementat ion of the following mit igation measure during the construction phase of this project will reduce potential air quality impacts to a less than significant level:

Mitigation Measure

MM III-1: The applicant shall implement the following dust control measures:

 Water all active construction areas at least twice daily.  Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.
 Cover all trucks hauling soil, sand, and other loose materials or require all trucks to ITEM 11

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maintain at least two feet of freeboard.
 Suspend excavation and grading activity when winds exceed 15 mph.  Install a construction entrance, to contain dirt and debris onsite.

Timing/Implementation: P rior to issuance of a grading permit for the project, and implemented during construction activities.

Enforcement/Monitoring: C ity of Ceres Public Works Department & Engineering Services Department.

Implementation of the above Mitigation Measure will reduce air quality impacts to a Less Than Significant Impact with Mitigation Incorporated.

c) Less Than Significant Impact. The Ceres General Plan, adopted in 2018 , identifies air quality impacts to sensitive receptors such as residences. However, the proposed project is consistent with development expected to occur within the area and analyzed as part of the Ceres General Plan Final Environmental Impact Report, certified May, 2018. Construction activities of the project will be temporary and the traffic resulting from the project is not expected to create substantial pollutant concentrations. Therefore, this project will have a Less Than Significant Impact.

d) No Impact. It is anticipated that t he proposed project will not create any odors that would be considered objectionable to a substantial number of people on either a short -term or long- term basis. As a result, the project will have No Impact.

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IV. BIOLOGICAL RESOURCES

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status in local or regional plans, policies, or regulations, or by the California D epartment of Fish and Game or
U.S. Fish and Wildlife Service?

b) Have a substantial adverse effect on any ripar ian
habitat or sensitive natural community id entified in
local or regional plans, policies, or r egulations, or by the California Department of Fish and Game or U.S.

Fish and Wildlife Service?

c) Have a substantial adverse effect on state or
federally pr otected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interrupt ion, or other means?

d) Interfere substanti ally with th e movement of any
native resident or migratory fish or wildlife species or with established native residents or migratory wildlife corridors or impede the use of native wildlife nur sery sites?

e) Conflict wi th any loc al policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?

f) Conflict with the provisions of an a dopted H abitat Conservation Plan, Natural Community Conservation
Plan, or other approved local regional, or state
habitat conservation plan?

Comments:

a,b) No Impact. The subject property does not contain any known species that would be a candidate, sensitive, or special status species, nor does it contain habitat for such species. Additionally, the City of Ceres General Plan EIR indicates that the only riparian areas within the City of Ceres are adjacent to the Tuolumne River. Construction of the project improvements for the site are located approximately 1.53 +/- mile south of the river and is not expected to harbor any special status species, nor have any sensitive natural communities. Furthermore, this property at various points in the last few decades had been farmed with various agricultural crops, and subsequently, was disked and worked to support those crops.

Therefore, this project will have No Impact.

c) No Impact. The subject property is not designated as a federally protected wetland as defined by Section 404 of the Clean Water Act. The development of this project will have No Impact.

d) No Impact. There are no ponds or streams and there is no habitat for migratory fish. Additionally, this project will not impede the movement of wildlife within a migratory corridor, as the site is not a suitable habitat for such movements. As such, this project will have No Impact.

e) Less Than Significant I mpact. Beyond the pol icies listed in the City’s General Plan, the City does not yet have any ordinances for tree preservation. The MRCSP does have a policy to preserve existing significant ITEM 11

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trees, but does not have a specific list of trees that are encouraged to be preserved. The proposed development will involve the removal of a small number of non- native trees, which will be replaced with new trees and shrubs that will be evenly distributed throughout the site when the property is ultimately developed and landscaped. As such, it is expected this will be a Less Than Significant Impa ct.

f) No Impact. There is no local adopted Habitat Conservation Plan, Natural Community Conservation Plan or state habitat conservation plan that affects this site. The development of this proje ct will have No Impact.

V. CULTURAL RESOURCES

Potentially
Significant
Impact

Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§15064.5?

b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?

c) Disturb any human remains, including those
interred outside of formal cemeteries?

Comments:

a-c) Less Than Significant With Mitigation Incorporated. The proposed project will require the removal of the single-family residence and accessory structure(s). The City of Ceres General Plan Background Report provides a list of buildings and structures that have some level of historic significance to Ceres, none of which are located on the project site. Additionally, archaeological resources are typically found along waterways and since the project site is approximately 1.53 miles south of the Tuolumne River, the project site is not expecte d to have any human remains and is located in an area that is surrounded by existing residential and commercial development. However, although it is highly unlikely, the potential does exist for subsurface archaeological artifacts or unique paleontological resources to be uncovered during grading operations and construction. As such, this could be a potential significant impact unless mitigation is incorporated in the project.

Mi
tigation Measure

MMV-1: If any prehistoric, archaeological, paleontological, or historic artifacts, or other indications of archaeological resources are found once the project’s construction is underway, all work in the immediate vicinity must stop and the City shall be immediately notified. The developer shall be required to retain the services of an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards in prehistoric or historical archaeology, as appropriate, to evaluate the finds and recommend appropriate mitigation measures.

Timing/Implementation: A
s a condition of project approval and implemented during construction activities.

Enforcement/Monitoring: C ity of Ceres Planning Division, Public Works Department & Engineering Services Department.

Implementation of the above Mitigation Measure will reduce the impacts associated with the project in relation to archaeological, prehistoric, and paleontological resources to Less Than Significant With Mitigation Incorporated.

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City of Ceres – Planning and Building Division Page 9
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VI. ENERGY

Potentially
Significant
Impact

Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?

b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?

Comments:

a,b) Less Than Significant Impact. The City has specif ic General Plan policies that encourage projects to be designed to achieve energy efficiency . Construction of the project will incorporate design features that are energy efficient that can be considered as meeting the intent of these General Plan policies and addressing impacts per the California Environmental Quality Act (CEQA) . Furthermore, the California Building Code requires energy efficiency measures for all new construction which will apply to this project. As such, t he development of this project will have a Less Than Significant Impact.

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VII. GEOLOGY AND SOILS

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Directly or indirectly cause potential substantial
adverse effects including the risk of loss injury, or
death involving rupture of a known e arthquake
fault, as delineated on the most recent Alquist -
Priolo Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known Fault? Refer to
Division of Mines and Geology Special Publication

42. b) Expose people or structures to potential
substantial adverse effects including the risk of
loss injury, or death involving strong seismic
ground shaking?

c) Expose people or structures to potential
substantial adverse effects including the risk of
loss injury, or death involving seismic -related
ground failure, including liquefaction?

d) Expose people or structures to pot ential
substantial adverse effects including the risk of
loss, injury, or death involving landslides?

e) Result in substantial soil erosion or the loss of
topsoil?

f) Be located on a geologic unit or soil that is
unstable or that would become unstable as a
result of the project, and potentially result in on- or off-site landsl ide, lateral spreading, subsidence,
liquefaction or collapse?

g) Be located on expansive soil, as defined in the
California Building Code, creating subst antial
direct or indirect risks to life or property?

h) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal syst ems where sewers are not available
for the disposal of wastewater?

i) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?

Comments:

a) No Impact . According t o the City of Ceres General Plan, some faults do exist in the eastern portion of Stanislaus County and west of Interstate 5 in the Diablo Range, b ut no faults exist within the City’s Planning Area. The City of Ceres is located in the central portion of St anislaus County and was not identified as a risk to these faults, which are located in the eastern and western portions of the County. Therefore, No Impact is expected.

b) Less Than Significant Impact. Although there are no known active earthquake faults on the subject site, the site could be subject to some ground shaking from regional faults which can result in damage to buildings .

However, due to the absenc e of act ive faults in the City’s Planni ng Area, the risk of the breaking of the ground along a fault during an earthquake is very low. Excavation, earthwork, and activities associated with ITEM 11

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the installation of physical improvements may hav e the potential to create unstable geologic conditions. All earthwork will only be allowed consistent with exist ing City Specifications, and the project will be constructed to meet all requirements of the current California Building Code (including Seismi c sections), which have been adopted to protect the general welfare and public safety. As such, it is expected t hat the future buildings associated with the project will not be subject to adverse effects involving strong seismic ground shaking. Therefore, this is a Less Than Significant Impact.

c) Less Than Significant Impact. As the City’s General Plan identifies that the City’s Planning Area has well drained relatively stable soils, and with the distance from active faults and depth of the groundwater table, the risk of liquefaction occurring is very low. The City of Ceres and the current California Building Cod e will require a soils analysis of the project area with the submission of project improvement plans. The project will be constructed per the appropriate sections of the current California Building Code such that it is highly unlikely that it will be subj ect to seismic -related ground failure or liquefaction. As such, a Less Than Significant Impact is expected for this project.

d,e) No Impact. The site is re latively flat with some variable vegetation, and the proposed project will be in a location where the potential for landslides, soil erosion or the loss of topsoil as a result of this project will be a very low to remote possibility due to the flat topography of the site. T herefore, the development of thi s project will have No Impact.

f) Less Than Significant Impact . The project site is not located on a geologic unit or soil that is considered unstable or that would become unstable as a result of the pr oject, and potential ly result in on- or off-site landslide, lat eral spreading, subsidence, liquef action or collapse. Construction of this project will be required to meet applicable requirements of the current California Building Code bas ed upon the appropriate seismic standards with the conformation based on the required soils analysis. In addition , the standard conditions of project approval will require that a qualified professional geotechnical engineer perform on- site monitoring of al l grading and ex cavation activities on the project site. Based on t his information, this project will have a Less Than Significant Impact.

g) Less Than Significant Impact. The City of Ceres and the current California Building Code will require a soils analysis of the subject property with the submission of a building permit application. The project will be constructed per the appropriate sections of the current California Building Code, such that it is highly unlikely that the project would create substantial risks to life or property. As such, this results in a Less Than Significant Impact.

h) No Impact . The proposed development will be required to connect to the City of Ceres sewer system.

Therefore, this will eliminate the need for any alternative wastewater treat ment disposal to be developed with this project. This will result in No Impact.

i) No Impact. The project site has no known unique paleontological resource or geologic feature. Therefore, it is anticipated that it is highly unlikely that the project would destroy such resource or feature. T his results in No Impact.

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VIII. GREENHOUSE GAS EMISSIONS

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Generate greenhouse gas emissions, either di rectly or indirectly, that may have a significant impact on the
environment?

b) Conflict with an ap plicable plan, policy or regulat ion adopted for the purpose of reducing the emissions of
greenhouse gases?

Comments:

a) Less Than Significant Impact. The development of this project has the potential to generate greenhouse gas emissions resulting from transportation sources (i.e. cars) normally accustomed from such development, directly or indirectly, thereby potentially impacting the environment in the surrounding area. It is unknown as to what the extent of these impacts would be as a result of the project. Howev er, it is expected that the greenhouse gas emissions will most likely be insignificant, as the proposed development is a use that is not expected to be a significant vehicle trip generator and the project includes the construction of sidewalk improvements to encourage the public to use alternative forms of transportation, which in turn help reduce the number of trips made by cars in the Ceres community. As such, since the project meets the spirit of the intent in its design to reduce these impacts, this is considered as a Less Than Significant Impact.

b) Less Than Significant Impact. The City has no specific General Plan policies that directly relate to reducing greenhouse gas emissions at this time. However, the San Joaquin Valley Air Pollution Control Dis trict has guidelines known as Best Performance Standards, which is a list of greenhouse gas emission reduction measures that are the most effective achieved- in-practice means of reducing or limiting greenhouse gas emissions from a greenhouse gas emissions source, and can be utilized to address impacts per the California Environmental Quality Act (CEQA). For projects such as the proposed parcel map coupled with the commercial and residential development, Best Performance Standards focus on measures that improve energy efficiency and those that reduce vehicle miles traveled. It is expected that the developer will be able to incorporate these standards into the proposed project to reduce greenhouse gas emissions to a less than significant level, thereby achieving compliance with the California Environmental Quality Act (CEQA). As such, this is considered as a Less Than Significant Impact.

IX. HAZARDS AND HAZARDOUS MATERIALS

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?

b) Create a signif icant hazar d to the public or the
environment through reasonably foreseeable upset
and accident conditions involvi ng the release of
hazardous materials into the environment?

c) Emit hazardous emissions or handles hazardous or
acutely hazardous materials, substances, or wa ste

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within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is inc luded on a list of hazardous materials sites compiled pursuant to
Government Code Sect ion 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?

e) For a project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard or
excessive noise for people residing or working in
the project area?

f) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?

g) Expose people or structures , either directly or
indirectly, to a significant risk o f loss, injury or
death involving wildland fires?

Comments:

a,b) Less Than Significant Impact. The proposed project is to subdivide the property into three parcels and for the development of two commercial buildings for retail use and a 145- unit apartment complex. During t he construction phase of the project, the site may have some fuels and materials that could be considered hazardous, but these are temporary and would only be on -site during the construction of the project .

However, once developed, this project will not involve the routine transport of hazardous materials, nor is it anticipated to release any hazardous materials under accident conditions as none are expected to be present. Therefore, this project will have a Less Than Significant Impact.

c) No Impact. The nearest existing schools to the project site include: Stanislaus County Institute of Learning on Mitchell Road, approximately 75’ west of the project site; Lucas Elementary School on Roeding Road, approximately 985’ southwest of the project site; Whitmore Charter School (Berryhill Campus on Roeding Road, approximately 1,500’ southeast of the project site and Cesar Chavez Junior High and La Rosa Elementary Schools, approximately 2,100’ northeast of the project site. Although during the construction phase the site may have some fuels and materials that could be considered hazardous, these are temporary and would only be on- site during the construction. However, this commercial development will not manufacture or store any hazardous materials. As a result, the development of this project will have No Impact.

d) No Impact. The project site is not listed as a hazardous materials site pursuant to Government Code Section 65962.5 and therefore, will have No Impact.

e) No Impact. The proposed project is not within the Stanislaus County Airport Land Use Plan and is approximately 10,800’ or 2.04 +/ - miles south of the Modesto City/County Airport. There are no pri vate air strips within the area and as such, the development of this project will have No Impact .

f) Less Than Significant Impact. The City has an Emergency Operations Plan which addresses earthquake, fire, technological disaster, toxic spills, flooding and dam failure related emergencies and included response from fire/rescue and law enforcement personnel. The project site is located .89 +/ - miles west of the City of Ceres Fire Station # 1. The design of the project is such that it will not physically interfere with emergency service vehicles accessing and exiting the site. It is anticipated that the development of this project will have a Less Than Significant Impact on the implementation of the City’s Emergency Operations Plan.

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g) Less Than Significant Impact. The project site is within a developing urban environment and is bordered by the S tanislaus County Office of Education building and Mitchell Road to the west; the TID Ceres Main Canal, Moore Road, and single- family homes to the east; commercial development, multi -family housing, and Colleen Way to the north; and vacant and developed commercial properties to the south. The project site is developed with a single- family residence and a trucking operation, which will be removed as a result of the proposed project. As this project site is generally surrounded by development, it is highly unlikely the site will be subjected to wild land fires. As such, this project will have a Less Than Significant Impact.

X. HYDROLOGY AND WATER QUALITY

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Violate any water quality standards or waste
discharge r equirements or otherwise substantially
degrade surface or ground water quality?

b) Substantially de crease groundw ater supplies or
interfere substantially with groundwater recharge
such that th e project may impede sustainable
groundwater management of the basin.

c) Substantially after the existing d rainage pattern of the site or area, inc luding through the alteration of
the course of a stream or river or through the
addition of impervious surfaces, in a manner which
would:

(i) Result in substantial erosion or siltation on- or
off-site?

(ii) Substantially increase the rate or amount of
surface runoff in a manner which would result
in flooding on- or off-site?

(iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff?

(iv) Impede or redirect flood flows?
d) In flood hazard, t sunami, or s eiche zones, risk
release of pollutants due to project inundation?

e) Conflict wit h or obst ruct implementation of a water quality c ontrol plan or sustainable groundwater
management plan?

Comments:

a-c,i-iv) Less than Significant Impact with Mitigation. The construction of the site improvements (i.e. constructi on of parking area and the buildings) will reduce absorption rates and increase surface water runoff. Final drainage designs will be required to comply with City Standards and will be reviewed and approved by the City Engineer. Any increased runoff shall be mitigated as required by the Engineering Services Department. The perimeter of the development will also be required to be protected against surface runoff from adjacent properties in a manner acceptable to the Engineering Services Department . The development of the project is not expected to decrease water supplies or degrade water quality as no hazardous materials will be manufactured or stored on-site, and water run-off will be directed to an on-site storage system.

ITEM 11

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Additionally, Flood Insurance Rate Map (FIRM) C ommunity-Panel Number 06099C0555 E whi ch was revised on September 26, 2008, indicates that only a minor portion of the City of Ceres is within the 100- year flood-plain, which is adjacent to the Tuolumne River. The vast majority of the City is classified Zone X, which are areas determined to be outside 100- year flood- plain. The project si te is located approximately 1.53 +/- miles south of the Tuolumne River and is completely within Zone X. It is expected that the proposed buildings for the project will not impede or redirect flood flows as they will be positioned outside of the designated 100-year flood-plain hazard area.

Furthermore, the project requires a National Pollutant Discharge Elimination System (NPDES) permit, issued by the Regional Water Quality Control Board (RWQCB), and complia nce with Best Management Practices (BMPs) during the construction and operation of the project. The project shall be designed to incorporate Low Impact Development (LID) design parameters, as well as i nclude a Storm Water Pollution Prevention Plan (SWPPP) to reduce the discharge of pollutants to the maximum extent feasible.

Mitigation Measure

MM X-1 As a required condition of project approval, the applicant shall be required to submit a Best Management Practices (BMP) program for review and approval by the City Engineer. The BMP program shall consist of, but not be limited to, the following measures during all phases of project construction:

• Gathering of all construction and other debris on a daily basis and placing it in a dumpster or other container which is emptied or removed on a weekly or as needed basis. When appropriate, use of tarps on the ground to collect fallen debris or splatters that could contribute to storm water pollution runoff.

• Removal of all dirt, gravel, rubbish, refuse, and green waste from the street pavement and storm drains adjoining the site. Limitation of construction access routes onto the site and placement of gravel on them, and if necessary, washing the wheels of vehicles prior to leaving the project site. Not driving vehicles and equipment off paved or graveled roads during wet weather. “Broom sweep” of the street pavement adjoining the project site on a daily basis. Scraping of caked-on mud and dirt from these areas before sweeping.

• Installation of filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet nearest the downstream side of the project site in order to retain any debris or dirt flowing in the storm drain system. Filter materials will also be placed around each jobsite. Maintaining and/or replacing filter materials to ensure effectiveness and to prevent street flooding.

• Creating a contained and covered area on the site for the storage of bags, cement, paints, oils, fertilizers, pesticides, or other materials used on the site that have the potential of being discharged into the storm drain system through being windblown or in the event of a material spill.

• Never cleaning machinery, equipment, tools, brushes, or rinsing containers into a street, gutter, or storm drain.

• Ensuring that concrete/gunite supply trucks of concrete/plaster operations do not discharge wash water into street, gutters, or storm drains.

Timing/Implementation: P
rior to issuance of any grading permit or building permit.

Enforcement/Monitoring: C ity of Ceres Public Works Department & Engineering Services Department

Implementation of the above Mitigation Measure will reduce potential pollution impacts to the City’s storm drainage system to a Less Than Significant level.

ITEM 11

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d) No Impact . The site is approximately 1.53 +/- miles south of the Tuolumne River and is not likely to experience a seiche, tsunami or mudflow. As such, this project will have No Impact.

e) No Impact. The project will not conflict with or obstruct implementation of the City’s water quality control plan. As such, this project will have No Impact.

XI. LAND USE AND PLANNING

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Physically divide an established community?
b) Cause a significant environmental i mpact due to a
conflict with any land us e pla n, policy, or regulat ion adopted for the purpose of avoiding or mitig ating an
environmental effect?

Comments:

a) Less Than Significant I mpact. As the developer proposes to subdivide the property into three parcels, the site will maintain its current mixed use zoning designation, but include a general plan modification for the eastern half (6.2 acres) of the site from “community commercial” to “high density residential” zoning, thereby being consistent with the existing commercial and residential general plan designations to the north and allowing the western half (3.5 acres) of the property to be developed with two commercial buildings and the eastern half of the property to be developed with an apartment complex . As the existing com mercial and residential developments to the nor th of the project site will remain and will not be impacted by the construction of the proposed project, the project will not physically divide an established community .

Therefore, the project will have a Less Than Significant Impact.

b) Less Than Significant Impact . The project site is developed with a single- family residence and a trucking operation, and is designated “CC, Community Commercial” under the City’s General Plan. The proposal requires the approval of a vesting tentative parcel map to subdivide the property into three parcels and for the architectural review for the two commercial buildings and an apartment complex . The proposed parcel split and the construc tion of the project would be authorized under the Mitchell Road Corridor Specific Plan and can be approved with the requested entitlements. As such, approval of the vesting tentative parcel map and the conditional use permit entitlement will have a Less Than Significant Impact.

XII. MINERAL RESOURCES

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?

b) Result in th e loss o f availability of a locally important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?

Comments:

ITEM 11

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a,b) No Impact. The development of this project would not result in the loss of availability of any known miner al resources or r esource recovery site as none are identified in the General Plan or the General P lan EIR.

Therefore, this project will have No Impact.

XIII. NOISE

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project result in:

a) Generation of substantial temporary or permanent
increase in ambient noise levels in th e vicin ity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?

b) Generation of excessive groundbor ne vibr ation noise levels?

c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted within two miles of a public airport or public use airport, would the project expose people
residing or working in the project area to excessive
noise levels?

Comments:

a) Less Than Significant Impact. Currently, the project area is developed with a single- family residence and a small truck parking operation, which has low ambient noise levels. After construction of the proposed project, there will be an increase in the ambient noise levels from vehicles entering and exiting the project site; however, this increase is insignificant, as the permanent source of noise from this development is not expected to exceed the standards established in the Ceres General Plan. Therefore, the development of the project will have a Less Than Significant Impact.

b) Less Than Significant Impact with Mitigation Incorporated. Noise from construction activity has the potential to impact neighboring properties during the construction phase. There is an existing education facility to the west with some multi -family and single-family housing developments to the north, west and east of the project area. These developments may be subject to temporary groundbourne vibration noise (i.e. from truck deliveries) during the construction phase of the project. However, all construction activities will be temporary and limited to the hours permitted by the Ceres Municipal Code.

Mitigation Measure

MM XIII-1 As required in the Ceres Standard Conditions of Project Approval, the project ’s contractor shall be required to limit construction hours from 7:00 a.m. to 8:00 p.m.

Timing/Implementation: P rior to construction activities.

Enforcement/Monitoring: C ity of Ceres Planning and Building Division, Public Works & Engineering Services Department.

Implementation of the above Mitigation Measure would reduce the impact of temporary noise to Less Than Significant.

c) Less Than Significant Impact. As the proposed project is not within the Stanislaus County Airport Land Use Plan and is approximately 2.05 +/- miles south of the Modesto City/County Airport , the impact would ITEM 11

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be considered less than significant as the flights from this airport are infrequent and there are no private air strips within the area. Existing residential and commercia l developments within the surrounding area are already subjected to operations at the Modesto City/County Airpor t, and the subdividing of this property and the future construction of both the residential and commercial developments will not alter this existing consequence. Interior nois e levels for both the future residential and commercial developments for the site will meet the currently adopted California Building Code standards . As such, there will be a Less Than Significant Impact.

XIV. POPULATION

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Induce substantial unplanned population growth i n an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through the extension of roads or other infrastructure)?

b) Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?

Comments:

a) Less Than Significant Impact. The development of this project will increase the number of jobs within the City, and it is anticipated that it would create some increase in residents for the City . However, any increase in residents generated as a res ult of this pr oject would be considered as less than significant as such increase is anticipated in the 2035 General Plan Update. Additionally, there won’t be any extension of roads to this area, but dedication and improvements to right -of-way on Mitchell Road. This project will have a Less Than Significant Impact.

b) Less Than Significant Impact. Construction of the project will require the removal of the one dwelling unit and the truck operation. However, the removal of the dwelling unit does not result in the displacement of a substantial number of people and housing. Therefore, this is considered to be a Less Than Significant Impact.

XV. PUBLIC SERVICES

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project result in substantial adve rse physical impacts associated with the provision of new or physically altered government al facilities, need for new or physically altered governmental facilities, the const ruction of which could cause significant environmental imp acts, in order to maintain acceptable service rations, response time or other performance objectives for any of the public services:

a) Fire protection?
b) Police Protection?
c) Schools?
ITEM 11

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d) Parks?
e) Other public facilities?

Comments:

a,b) Less Than Significant Impact. The project will not have a significant impact to the City of Cer es Police and Fire Departments. The City of Ceres Police Department is dispatched from its station location at 2727 Third Street, while the City is served by four Fire Stations. The project site is approximately .89 +/ - miles east of the Police Station and Fire Station # 1, which would serve the project site. The development of this project will require the buildings to include fire sprinklers. Additionally, the applicant will be required to pay City of Ceres Public Facility Fees to pay its proportional fair share to Police and Fire services. This is expected to be a Less Than Significant Impact.

c-e) Less Than Significant Impact. It is anticipated that the proposed project will not place a significant demand on public services as the project site is already being provided with City services. This project will be required to pay public facility fees, in addition to a Public Service Mitigation Fee, which directly funds Police and Fire Services. As such, this project has will have a Less Than Significant Impact.

XVI. RECREATION

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Increase the us e of existin g neighborhood and re gional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?

b) Include recr eational fac ilities or require th e construction or expansion of recreational facilitie s that might have been an adverse physical effect on the environment?

Comments:
a,b) Less Than Significant Impact. The proposed project will have an increase in the use of existing neighborhood or recreational facilities (i.e. Roeding Heights Park). However, the project will also include recreational facilities on site that will serve the tenants that will occupy the apartment complex. As such, this is anticipated to be a Less Than Significant Impact.

XVII. TRANSPORTATION

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Conflict with a program plan, ordinance , or policy addressing the circulation system, including: transit,
roadway, bicycle and pedestrian facilities?

b) Would the projec t conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?

c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous

ITEM 11

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intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?

Comments:

a,b) Less than significant Impact . Vehicular access to the project site will be provided by access po ints from Mitchell Road. The p roject will be required to construct sidewalk improvements along the Mitche ll Road to allow pedestrians easier access to t he existing a nd future development of the surrounding area.

Additional design features such as : restriping of portions of the adjacent roadway area may be incorporated into the proposed project to improve traffic flow into the site and minimize vehicle conflicts so as not to be in conflict with CEQA Guidelines section 15064.3 (subdivision (b) and with any program plan, ordinance, or policy addressing the circulation syst em. Therefore, this is considered as a Less Th an Significant Impact.

c,d) Less Than Significant Impact. The development of this project will not create any hazards, and as emergency access for this proposed development will be reviewed by the Ceres Fire Department, it is anticipated that the Fire Department will require design features to be incorporated into the project to ensure adequate emergency access is achieved for this project . This will be addressed through the conditions of approval associated with the project, which results with a Less Than Significant Impact.

XVIII. TRIBAL CULTURAL RESOURCES

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Cause a substantial adverse change in the
significance of a tribal cultural resource, defined
in Public Resources Code Section 21074 as either
a site, feature, place, cultural landscape that is
geographically defined in terms of the size and
scope of the landscape, sacred place, or object
with cultural value to a California Native American
tribe, and that is:

(i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
Register of historical resources as defined in
Public Resources Code Section 5020.1(k)?

(ii) A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1. In applying the criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1, the lead agency shall
Consider the significance of the resource to a
California Native American tribe?

Comments:

a–i & ii) Less Than Significant Impact . It is highly unlikely that t he proposed project w ould have a substantial adverse change in the significance of a tribal cultural resource as there are no known tribal cultural resources located on the site and there are no spec ific sites identified in the Ceres General Plan 2035 ITEM 11

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document as having tribal cultural resources . As such, this is expected to be a Less Than Signifi cant Impact.

XIX. U TILITIE S AND SERVICE SYSTEMS

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

Would the project:

a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunication facilities, the construction or
relocation of which could cause significant environmental effects?

b) Have suffi cient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry and multiple dry years?

c) Result in a dete rmination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s proj ected demand in addition to the provider’s existing
commitments?

d) Generate solid waste in excess of state or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of solid waste reduction goals?

e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?

Comments:

a) Less Than Significant Impact . Although this project will require the installation of new utility services such as: water, sewer, gas, electrical, and storm drainage, it is not expected that the construction of these improvements would cause significant environmental effects for the sit e or surrounding area. As such, this is expected to be a Less Than Significant Impact.

b) Less Than Significant Impact. The City currently has sufficient water supplies to serve the project and it is anticipated that the City will continue to maintain sufficient water supplies in the future for this project and future development during multiple dry years. As a result, this is considered as a Less Than Significant Impact.

c) Less Than Signi ficant Impact . The proposed pr oject is not expecte d to generate siz eable amounts of wastewater beyond what is normally associated with a commercial and residential development.

Services (e.g. water and sewer) will need to be extended from the street to the site. The projec t will be subject to payment of the City’s Public Facility Fees which fund the project’s pro- rata share of water and sewer capital facilities. This is expected to be a Less Than Significant Impact.

d,e) Less Than Significant Impact . The proposed project will result in additional solid was te generation, but it is not exp ected to gen erate sizeable amounts of solid waste beyond what is normally associated with a commercial and residential development or in excess of state or local standards . It is expected that the existing la ndfill servi ng the City has adequate capacity to serve this project , and t herefore, t his is considered as a Less Than Significant Impact.

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XX. W ILDFIRE

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact

If located in or near state responsib ility areas or lands classified as very high fire hazard severity zones, w ould the project:

a) Substantially impair an adopted emergency response plan or emergency evacuation plan?

b) Due to slop e, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project
occupants to pollutant c oncentrations from a wildfire or the uncontrolled spread of a wildfire?

c) Require the installation or maintenance of associated infrastructure (such as: roads, fuel breaks, emergency
water sources, power lines or other utilit ies) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?

d) Expose people or structures to sign ificant risks, including downslope or dow nstream floodi ng o r landslides, as a result of runoff, post -fire slope in stability, or dr ainage changes?

Comments:

a-d) No Impact . As the proposed proj ect is not located in or near lands that ar e classified as very high fire hazard severity zones, this proposal will have No Impact with respect to addressing issues associated with wildfires.

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XXI. MANDATORY FINDINGS

OF SIGNIFICANCE

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated

Less Than
Significant
Impact

No
Impact
a) Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habi tat of a fish or wildlife species, cause a fish or wildlife population to drop b elow self -sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major peri ods of Calif ornia history or prehistory?

b) Does the project have impacts that are individually
limited, but cumulatively cons iderable? (“Cumulatively considerable” means that the incr emental effect s of a project are considerable when viewed in conn ection with the effects of past projects, the effects of other current projects, and the effects of probably future projects)?

c) Does the project have env ironmental effects which will cause substantial adverse effects on human beings,
either directly or indirectly?

Comments:

a) Less than Significant with Mitigation Incorporated. The proposed project would allow a commercial and residential development on the project site and involve earthmoving during the grading and construction of the site. This project site is not expected to have any subterranean archaeological resources or human remains. With the implementation of mitigation measures, the proposed project will not degrade the quality of the environment, result in an adverse impact on fi sh, wildlife, or plant species including special status species, or prehistoric or historic cultural resources. Therefore, this will be L ess Than Significant With Mitigation Incorporated. See MM III-1 (Air Quality), MM V-1 (Cultural Resources).

b) Less Than Significant With Mitigation Incorporated. During the c onstruction phase of this project, the site will be graded, whi ch could create particulate matter, in the form of dust that enters the atmosphere. With the implementation of Mitigation Measure MM III-1, the construction phase of the project would be req uired to meet t he policies of San J oaquin Valley Air Pollution C ontrol District. As such, this impact will be Less Than Significant With Mitigation Incorporated. See MM III-1 (Air Quality).

c) Less than S ignificant with Mitigation Incorporated . The d evelopment of the proj ect has the potentia l to adversely impact human beings, either directly or indirectly. However, with the implementation of mitigation measures included, these impacts will be eff ectively mitigated to a less than significant level. As such, this impact will be Less Than Significant With Mitigation Incor porated. See MM III-1 (Air Quality), MMV -1 (Cultural Resources), MM X-1 (Hydrology and Water Quality), MM XIII-1 (Noise).

Please direct all agency comments on this Initial Study to:

James Michaels, Senior Planner
City of Ceres Planning and Building Division
2220 Magnolia Street
Ceres, CA, 95307

I:\PLANNING\DEPT\PLANNING\PC\2022\22-19 GPA, 22-20 VTPM & 22-21 CUP (Dhillon Villas @ 3106 Mitchell Road) Initial Study.doc

ITEM 11
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209)538-5717
SUBJECT:

Ordinance No. 2023-1074, An Ordinance of the City Council of the City of Ceres Amending Chapter 9.16, Parks, Public Property, and Public Facilities, of Title 9, Public Peace, Safety and Morals, of the Ceres Municipal Code to Restrict Recreational Fishing in the River Bluff Regional Park Lower Terrace Retention Pond
RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve the first reading and introduction of Ordinance No 2023-1074, reading by title only, waiving further reading, an ordinance of the City of Ceres amending Title 9, Public Peace, Morals and Welfare, of the Ceres Municipal Code to amend Chapter 16, Parks, Public Property and Public Facilities of the Ceres Municipal Code to Add Subsection 9.16.080(E), Prohibiting Public Fishing in the River Bluff Regional Park Lower Terrace Retention Pond.

I. BACKGROUND:

The City of Ceres River Bluff Regional Park Lower Terrace landscape includes a retention pond that serves to hold excess stormwater runoff . Retention ponds are permanent structures meant to hold storm water during storms to prevent area flooding. The Lower Terrace retention pond has a rubberized liner material installed to hold water year long and to prevent water from percolating through the ground allowing for wildlife habitation to take place.

Recreational fishing involves the use of equipment that has potential to puncture the liner resulting in loss of functionality. Because the retention pond is in a public park and several individuals have been observed fishing at the retention pond, establishing enforceable restrictions on fishing activities will help to avoid potential costly damages and prolong the life of the pond liner.

The City of Ceres (“City”) Public Works Department (“Department”) seeks the City Council’s adoption of Ordinance No. 2023- 1074 (“Ordinance”), which establishes ITEM 12
restrictions on fishing activities in the River Bluff Regional Park Lower Terrace retention pond in order to protect and preserve the integrity of the pond liner and related equipment.

II. REASONS FOR RECOMMENDATION:

The River Bluff Regional Park Lower Terrace retention pond is equipped with a rubberized liner that is vulnerable to damage from the use of fishing equipment. Prohibiting fishing in the pond is imperative to avoid damaging and protecting the integrity of the liner.

III. FISCAL IMPACTS:

None.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Should Council decide not to approve the amendment there is no mechanism for enforcement of restricting fishing activities at the River Bluff Lower Terrace retention pond.

This leaves the pond liner vulnerable to damages and costly repairs incurred by the City.

VI. INTERDEPARTMENTAL COORDINATION:

NA
VII. PUBLIC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Council will consider approval of second reading and adoption of the Ordinance at a later meeting of the City Council.

Approved by: ________________________________
Alex Terrazas, City Manager

Attachments:

1. Ordinance No. 2023-1074

2. Public Hearing Notice

ITEM 12
{CW126823.1}
ORDINANCE NO. 2023-1074

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING CHAPTER 9.16, PARKS, PUBLIC PROPERTY, AND PUBLIC FACILITIES, OF TITLE 9, PUBLIC PEACE, SAFETY AND MORALS, OF THE CERES MUNICIPAL CODE TO

RESTRICT RECREATIONAL FISHING IN THE RIVER BLUFF REGIONAL PARK

LOWER TERRACE RETENTION POND

WHEREAS, retention ponds are installed for the purposes of holding water permanently and accommodating a limited amount of stormwater; and

WHEREAS, the retention pond at River Bluff Regional Park Lower Terrace contains a lining along the bottom of the pond to avoid seepage into the soil beneath it ; and

WHEREAS, several individuals have been observed fishing at the retention pond in the Lower River Buff Regional Park Lower Terrace Area; and

WHEREAS, the practice of fishing presents a danger to the integrity of the lining of the retention pond, as metal hooks used in fishing have the potential to tear the lining; and

WHEREAS, the City Council of the City of Ceres d esires to ban fishing in retention ponds in order to preserve them, and finds that this O rdinance is in the best interest of the health, welfare, and safety of the public.

NOW, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 9.16.010, Definitions, of Chapter 16, Parks, Public Property, and Public Facilities, of Title 9, Public Peace, Safety, and Morals, of the Ceres Municipal Code, is amended to read as follows:

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Amplified sound, sound systems, or equipment means any electrical or battery-operated machine or device for the amplification of the human voice, music or any other sound.

This definition shall not include standard battery -operated radios, stereos, tape players, or compact disc players, when such equipment is used and operated at a volume level which does not disturb the peaceful and quiet enjoyment of other persons in public parks or of persons residing in residential areas adjacent to the public parks. This definition shall likewise not include a public address system so long as its use is limited to the making of speeches or announcements, and is not used for the purpose of amplifying music or other sounds.

ITEM 12
{CW126823.1}
Director means the Recreation Manager.

Picnicker means a person on an outing or excursion with food usually provided by such person and eaten in the open.

Public facilities means all buildings, structures or improvements owned, maintained, leased or controlled by the City, and designated by the City for use by the public for recreational, social or public service activities.

Public parks means those real properties, together with all improvements located thereon, which are owned and maintained by the City for use by the public as a park.

Public property means all real property owned, maintained, leased or controlled by the City, specifically including, but without limitation, all public streets, sidewalks and rights of way.

Retention Pond m
eans an artificially formed structure designed to hold water permanently with the capacity to accommodate a limited amount of storm water runoff. Retention ponds are reservoirs of natural water designed to enhance aesthetic elements of large scale residential, commercial, and industrial developments.

Special community events or activities mean those events or activities which are intended for the benefit of, and may be attended by, the public at large; or, those events or activities which are intended for the benefit of, and will be attended primarily by the membership of, a community -based social, ethnic, or religious organization, which group or organization has been in existence within the City for at least six months prior to making its application for a permit.

Vehicle means a wheeled conveyance, whether motor -powered, animal-drawn, or self - propelled, including any trailer in tow of any size, kind or description, ex cept baby carriages, wheelchairs, and vehicles in the service of the City.

SECTION 2. Section 9.16.100, Acts Prohibited in City Parks, Public Property and Public Facilities, of Chapter 16, Parks, Public Property, and Public Facilities, of Title 9, Public Peace, Safety, and Morals, of the Ceres Municipal Code, is amended to read as follows:

No person shall do any of the following acts:

A. Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or appurtenances or other public property. The parents of any minor committing such acts shall be responsible for all such damages caused by their minor children.

B. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark of any tree.

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{CW126823.1}
C. Make or cause to be made any duplicate keys to public facilities rented from the City, or to keep City keys.

D. Sell or offer for sale any alcoholic beverage in a public park, upon "public property" or in "public facilities" as defined in this chapter, except for special events or as provided in section 9.07.020 of this Title, and except as authorized pursuant to any administrative rules and regulations adopted by the City Council pursuant to section 9.16.050 of this chapter.

E. Where Retention Ponds, as defined in Section 9.16.01 of this Chapter, are established in a Public park, including the River Bluff Regional Park Lower Terrace area, fishing or any act in effort to kill, injure, disturb, capture, or catch fish in the Retention Pond is prohibited and shall be punishable as an infraction, pursuant to Section 19.02.030(B).

SECTION 3. SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 4. PUBLICATION AND EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of a general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days after its passage.

SECTION 5. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL . This Ordinance was introduced at a regular meeting of the City Council held on the 27th day of March 2023, and passed and adopted as Ordinance No. 2023- ___ at a regular meeting of the City Council held on the 10th day of April 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

APPROVED:

___________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney
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{CW127173.1}
City of Ceres

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on March 27, 2023, at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following: An Ordinance of the City Council of the City of Ceres amending Title 9 - Public Peace, Safety and Morals, Chapter 16 - Parks, Public Property, and Public Facilities , Sections 9.16.010 – Definitions and 9.16.100 - Acts prohibited in city parks, public property and public facilities of the City of Ceres Municipal Code.

The Ceres City Council will consider an amendment to the Ceres Municipal Code to restrict recreational fishing in the River Bluff Regional Park Lower Terrace retention pond.

The potential damage to the pond liner from fishing equipment poses significant r isk to the integrity of the structure and any necessary replacement and/or repairs arising from such activities would levy significant costs to the city.

All Interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.

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

/s/ Fallon Martin, City Clerk

Date Notice Posted: March 22, 2023

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ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Tamra Spade, Redevelopment/Economic Development Manager [email protected], (209) 538-5773
SUBJECT:

Resolution No. 2023-40, Approving the Use of ARPA funds to Plan and Implement the Ceres Hot Air Balloon Festival and A uthorizing Staff to Move Forward with the Expenditures

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a resolution approving an expenditure of $10,000 of ARPA funds and provide authorization to plan and implement a proposed annual city event, the City of Ceres Hot Air Balloon Festival (Sky’s the Limit), and the City designated staff support needed to have a successful event.

I. BACKG
ROUND:

The Ceres Hot Air Balloon Festival, Sky’s the L imit, would be an annual family -friendly community event. This event would provide entertainment for community members and people in the region. The Ceres Hot Air Balloon Festival would be the only festival of its kind in the Central Valley. This would draw people from all over to come to Ceres, purchase gas, stay in hotels and eat in Ceres restaurants. The first event would be held on June 17 th,
6:00 am to 3:00 pm, and will be open to the public at no charge. The event would be held at River Bluff Regional Park. The festival will include an opening ceremony and ribbon cutting and follow with attractions such as the balloon launch from the soccer fields, pancake breakfast, vendors and a carnival for the kids. Any additional funds raised for sponsorship, will go to the Hometown Heroes Military Recognition Program. The American Legion and Veterans of Foreign Wars will be invited to participate in the opening ceremony.

The City designated staff support involved in this event includes two Public Works employees to set up the stage, sound system, tents, traffic cones and signage, garbage cans, etc. Recreation employees will have a booth at the event. At least one Police officer will be on site in addition to private security.

In 2022, the City Council approved $100,000 of ARPA funding from the first tranche to be used for economic development and business incentives. This event is directly related to ITEM 13
economic development and will boost local tourism as attendees visit Ceres and spend tax dollars at local venues.

II. RE ASONS FOR RECOMMENDATION:

Financially supporting The Ceres Hot Air Balloon Festival this year would guarantee the finance needed to provide a successful family fun community event. In future years , we plan to raise the needed revenue through fundraising efforts in collaboration with the Ceres Chamber of Commerce. Tourism is extremely important, such as providing events that attract people from other cities and counties that would contribute t o tax dollars through gas, food and lodging while they are visiting.

III. F
ISCAL IMPACTS :

Funding of $10,000 would be allocated using existing ARPA funds. This event is intended and planned to have a positive fiscal impact on the City. The funds originally appropriated in account 219.45.05440 will be transferred to account 219.60.029900. A budget amendment is attached as Exhibit A.

IV. E
XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

1. Economic Development: Proactively recruit and attract businesses to Ceres in order to add to the quality of life and enhance the fiscal base of the community. a. Proactively implement the Downtown Specific Plan that establishes the downtown as a destination point.
b. Attract entertainment venues for youth and adults.

2. Community engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increase their involvement in creating the future of the City.
a. Collaborate with community groups to achieve mutual goals.

V. P
OLICY ALTERNATIVES :

The Council could decide to not fund or sponsor this event.

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A

VII. P
UBLIC PARTICIPATION:

N/A

VIII. EN
VIRONMENTAL REVIEW :

N/A

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IX. STEPS FOLLOWING APPROVAL:

Upon approval, staff will plan and implement the Ceres Hot Air Balloon Festival.

Approved by: ____________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution No. 2023-40

2. Budget Amendment

ITEM 13
ITEM 13
RESOLUTION NO. 2023-40

APPROVING THE USE OF ARPA FUNDS TO PLAN AND IMPLEMENT THE CERES

HOT AIR BALLOON FESTIVAL AND AUTHORIZING STAFF TO MOVE FORWARD

WITH THE EXPENDITURES

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City of Ceres Annual Budget is an action and financial plan of services to be provided to the citizens of Ceres; and

WHEREAS, the City Council approved the 2022-2023 budget which included the use of ARPA funds for various projects in the Economic Development Division , including $100,000 for economic development and business incentives . The transfer of $1 0,000.00 from account 219.45.054400 will help fund the Ceres Hot Air Balloon Festival; and

WHEREAS, the Ceres Hot Air Balloon Festival is a tourism event that will boost the local economy by bringing tourists into the City to purchase food, gas, lodging and thus generate additional sales tax; and

WHEREAS, the ARPA funds to be used are directly related to Economic Development; and

WHEREAS, the expense to support this event is intended and planned to have a positive fiscal impact on the City; and

WHEREAS, a budget amendment to transfer funds from account 219.45.054400 to account 219.60.029900 to plan and implement the Ceres Hot Air Balloon Festival.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the use of ARPA funds to plan and implement the Ceres Hot Air Balloon Festival and authorizes staff to move forward with the expenditures.

BE IT FURTHER RESOLVED the Fiscal Year 2022-23 Budget Amendment, as set forth in “Exhibit A,” is attached hereto and incorporated herein by reference, and the Director of Finance is hereby authorized and directed to record the appropriate account entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of March 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk
ITEM 13
ITEM 13

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2023-40, dated March 27,2023,
authorizing appropriations for Budget Adjustments as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
ARPA funds 219 60 029900 $10,000.00
ARPA funds 219 45 054400 ($10,000.00)

Requested Appropriation $10,000.00
2022 - 2023 Current Appropriation $10,000.00
Total Appropriation $ 0

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2022 - 2023 Current Estimated Revenue
Total Estimated Revenue

Fiscal Impact:

The City Council approved the 2022-2023 budget which included the use of ARPA funds for various projects. The appropriations of $10,000.00 from one account to another will have no Fiscal impact to the budget.

ITEM 13
ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: March 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Tamra Spade, Redevelopment/Economic Development Manager [email protected], (209) 538-5773
SUBJECT:

Resolution No. 2023 -41, Approving the Use of ARPA F unds to Sponsor the 33rd Annual Ceres Street Faire and Authorizing Staff to Move Forward with the Expenditures

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a resolution approving an expenditure of $10,000 of ARPA funds and provide authorization for City Sponsorship of the 33rd annual Ceres Street Faire.

I. BACKGROUND:

The Ceres Street Faire is an annual event implemented by the Ceres Street Faire Committee with support from the Ceres Chamber of Commerce and the City of Ceres. The City received a request for sponsorship from the Ceres Street Faire Committee in the amount of $10,000. In 2022, the City Council approved $100,000 of ARPA funding from the first tranche to be used for economic development and business incentives. This event is directly related to economic development and will boost local tourism as attendees visit Ceres and spend tax dollars at local venues.

II.

REASONS FOR RECOMMENDATION:

The 33rd annual Ceres Street Faire is another tourist attraction and will bring thousands of people to Ceres. The history of the Street Faire supports that the event has always been structured to provide a venue for local non-profits and community groups to showcase their wares and bring revenue to their programs.

III. FISCAL IMPACTS:

Funding of $1 0,000 would be allocated using existing ARPA funds to sponsor the 33 rd annual Ceres Street Faire. This event is intended and planned to have a positive fiscal impact on the City. The funds originally appropriated in account 219.45.05440 will be transferred to account 219.60.026400. A budget amendment is attached as Exhibit A.

ITEM 14

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

V. POLICY ALTERNATIVES:

The Council could decide to not fund or sponsor this event.

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

Upon approval, the City Manager or designee will provide the sponsorship to the Ceres Street Faire Committee.

Approved by: ____________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution No. 2023-41

2. Letter from Lisa Montarro Moore

3. Budget Amendment
ITEM 14
RESOLUTION NO. 2023-41

APPROVING THE USE OF ARPA FUNDS TO SPONSOR THE 33RD ANNUAL CERES

STREET FAIRE AND AUTHORIZING STAFF TO MOVE FORWARD WITH THE

EXPENDITURES

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City of Ceres Annual Budget is an action and financial plan of services to be provided to the citizens of Ceres; and

WHEREAS, the Ceres Street Faire is a tourism event that will boost the local economy by bringing tourists into the City to purchase food, gas, lodging and thus generate additional sales tax; and

WHEREAS, the ARPA funds to be used are directly related to Economic Development; and

WHEREAS, the expense to support this event is intended and planned to have a positive fiscal impact on the City; and

WHEREAS, a budget amendment to transfer funds from account 219.45.054400 to accounts 219.60.026400 to sponsor the Ceres Street Faire.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the use of ARPA funds to sponsor the 33 rd Annual Ceres Street Faire
and authorizes staff to move forward with the expenditures.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of March 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_________________________________
Javier Lopez, Mayor
ATTEST:

_______________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14
ITEM 14
ITEM 14

Exhibit A
Exhibit "A"
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2023-41, dated March 27,2023,
authorizing appropriations for Budget Adjustments as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
ARPA funds 219 60 026400 $10,000.00
ARPA funds 219 45 054400 ($10,000.00)

Requested Appropriation $10,000.00
2022 - 2023 Current Appropriation $10,000.00
Total Appropriation $ 0

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2022 - 2023 Current Estimated Revenue
Total Estimated Revenue

Fiscal Impact:

ITEM 14
ITEM 14

Ceres City CouncilMarch 27, 2023

Ceres City Council
March 27, 2023