AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, April 10, 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); Rosa linda L. Vierra (District 2); Daniel A.
Martinez (District 4)
INVOCATION
Invocation by Tim Giannosa, Big Valley Grace Community Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.
Click this link to join the webinar:
https://us02web.zoom.us/j/86209966251?pwd=SStVN2d1WENZaVhKMFFCWkRnN2FIUT09
Webinar ID: 862 0996 6251; Passcode: 745006; 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 THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR
WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.
*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected].
AGENDA
Regular City Council Meeting
April 10, 2023
PRESENTATIONS
A. National Public Safety Teleco mmunicators Week Proclamation
B. Opportunity Stanislaus Update
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
While the City Council welcomes and encourages pa rticipation 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 emerge ncy 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
None
CONFLICT OF INTEREST DECLARATION
CONSENT CALENDAR
All matters listed on the consent calendar are consider ed routine in nature and w ill be enacted by a single motion unless otherwise requested by an individual Coun cilmember 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 a genda of the April 10, 2023 City Council Meeting was Posted on Wednesday, April 5, 2023. (City Clerk)
2. Waive Readings. All Readings of Or dinances and Resolutions are Waived. (Waive readings in full of all ordinances and re solutions 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 22, 2023 Special City C ouncil Meeting. (City Clerk)
4. Approval of Minutes for the March 23, 2023 Special City Co uncil Meeting. (City Clerk)
5. Approval of Minutes for the March 27, 2023 Regular City Council Meeting. (City Clerk)
6. Register of Audited Demand(s) Dated March 22, 2023 through March 29, 2023. (Dias)
AGENDA
Regular City Council Meeting
April 10, 2023
7. Waiver of Second R eading and Adoption of Ordinance No. 2023-1074 , An Ordinance of the City Council of the City of Ceres Amending Chapter 9.16, Parks, Public Property, and Public Faci lities, 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)
8. Resolution No. 2023-42 , Awarding the Construction Contract for CDBG Morrow Village Phase 2 Sidewalk Improvements to United Pavement Maintenance Inc. and Authorizing Construction Support, a 10% Contingency, a Budget Amendment, and the City Manager to Execute the Contract. (Waugh)
9. Resolution No. 2023-43 , Authorizing the City Manager to Accept the Well 42 Design and Construction Project as Comp lete, Approve the Balancing Contract Change Order, Authorize the Fi ling of the Notice of Co mpletion, and Release the Retention to the Contractor. (Royal)
10. Consideration to Cancel the Second Regularly Scheduled City Council Meeting on May 22, 2023. (City Clerk)
11. Resolution No. 2023-44, Adopting in Concurrence with Stanislaus Urban County Consortium FY 2023-2024 CDBG and HOME Annual Action Plan and Support of Submission to Housing and Urban Development (HUD). (Hoem)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
None
PUBLIC HEARING
12. Ordinance No. 2023-1075 , Amending Title 18, Zoning, Chapter 25, Off-Street Parking Standards, Subsection 010, Off-Str eet Parking Facilities of the Ceres Municipal Code to Allow Excess Vehicu lar Parking Areas, Beyond the Minimum Required, to be Gravel Surfaces with Certain Conditions. (Hoem)
13. Resolution No. 2023-45 , Approving an Update and Amendment to the Fire Prevention User Fees for Plan Checks, Inspections, Permits, and Miscellaneous Activities. (Hoem)
NEW BUSINESS
None
AGENDA
Regular City Council Meeting
April 10, 2023
DISCUSSION ITEMS
14. Discussion Regarding City Revenues. (Dias)
COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda (pursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda).
15. Display of City Council Portraits Pa st and Present Outside Council Chambers (Requested by Mayor Lopez)
16. Display of Mayor Portraits Past and Present Outside Council Chambers (Requested by Mayor Lopez)
REPORTS
At this time, any Councilmembers or City staff will make an announcement, or report briefly on his/her activities.
Mayor
City Council
City Manager
City Attorney
Departments
County Supervisor
CLOSED SESSION
17. Conference with Legal Counsel – Existing Litigation , Cal. Gov.’t Code §54956.9(d)(1)
Name of Case: NATIONAL PRESCRIPTION OPIATE LITIGATION, United States District Court, Northern District of Ohio, Eastern Division, Case No. 1:17-md-2804
18. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: Cit y Manager, Alex Terrazas and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers
REPORT FROM CLOSED SESSION
AGENDA
Regular City Council Meeting
April 10, 2023
ADJOURNMENT
The next regularly scheduled City Council Me eting will be held on April 24, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
Council Agenda:
The City Council agenda is available for publ ic 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 majori ty 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 ca ll the City Clerk’s Office at (209) 538- 5731.
Notice regarding Americans with Disabilities Act:
In compliance with the Americans wi th 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 t he 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, 5, 2023, at the following locations in Ceres:
Community Center Display Case – 2701 Fourth Street
_______________________________________________________________________________________________________________________________ ___________________________ Fallon Martin, City Clerk
NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
APRIL 9 – 15, 2023
WHEREAS, the second full week in A pril, has been declared “National Public Safety Telecommunicators Week”; and
WHEREAS, emergencies can occur at any time that require pol ice, fire, or emergency medical services in the City of Ceres; and
WHEREAS, when an emergency occurs the prompt response of law enforcement, fire services, and ambulance services is critical to the protection of life and preservation of property; and
WHEREAS, the sa fety of our police officers, firefighters, and emergency medical personnel is dependent upon the quality and accuracy of information obtained and relayed from citizens who access the 9-1-1 emergency system; and
WHEREAS, Public Safety Telecommunicators are t he single vital link for our first responding personnel by monitoring their activities by radio, providing them information, and ensuring their safety; and
WHEREAS, Public Safety Telecommunicators of the City of Ceres have contributed to the apprehensi on of criminals, suppression of fires and treatment of patients; and
WHEREAS, our Public Safety Telecommunicators daily serve the public in countless ways without due recognition by the beneficiaries of their services.
Each Public Safety Telecommunicator has exhibited compassion, understanding and professionalism during the performance of their job in the past year.
NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, C ouncilmembers James C asey, Rosalinda L. Vierra, and Daniel A. Martinez , do hereby proclaim April 9 – 15, 2023 as “National Public Safety Telecommunicators Week” in the City of Ceres.
Proclaimed this 10th day of April 2023
___________________________
Javier Lopez, Mayor
ITEM A
ITEM A
DRAFT MINUTES
CITY COUNCIL SPECIAL MEETING
COUNCIL RULES AND PROCEDURES WORKSHOP
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Wednesday, March 22, 2023 at 3:00 p.m.
Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez called the March 22, 2023 special meeting to order at 3:09 p.m.
ROLL CALL – Present:
Mayor: Javier Lopez
Vice Mayor: Brett Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniela 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 Present
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
CITIZEN COMMUNICATIONS to the Council on items which have been described in the notice of this Special Meeting (five minutes)
John Warren spoke regarding the audio volume in the Council Chambers.
COUNCIL RULES AND PROCEDURES
1. Council Rules and Procedures Workshop.
Council and staff discussed updates to Chapters I, II, and III of the Council Rules and Procedures.
ITEM 3
DRAFT MINUTES
Special City Council Meeting
Council Rules and Procedures Workshop
March 28, 2023
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.
There being no further business, Mayor Lopez adjourned the special meeting at 4 :57 p.m.
_____________________________
Javier Lopez, Mayor
______________________________
Fallon Martin, City Clerk
Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.
ITEM 3
DRAFT MINUTES
CITY COUNCIL SPECIAL MEETING
GOAL SETTING WORKSHOP
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Thursday, March 23, 2023 at 9:00 a.m.
Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez called the March 23, 2023 special meeting to order at 9:00 a.m.
ROLL CALL – Present:
Mayor: Javier Lopez
Vice Mayor: Brett Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniela 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 Present
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
CITIZEN COMMUNICATIONS to the Council on items which have been described in the notice of this Special Meeting (five minutes)
None
GOAL SETTING WORKSHOP
1. Council to provide input on the 2020- 2021 Ceres City Council Strategic Plan Summary.
Council and staff discussed updates to the Strategic Plan. No action was taken.
ITEM 4
DRAFT MINUTES
Special City Council Meeting
Goal Setting Workshop
March 23, 2023
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.
There being no further business, Mayor Lopez adjourned the special meeting at 2: 07 p.m.
_____________________________
Javier Lopez, Mayor
______________________________
Fallon Martin, City Clerk
Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.
ITEM 4
DRAFT MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
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
M
ayor Lopez called the March 27, 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 Present
INVOCATION
I
nvocation by Jim Stochl, Harvest Presbyterian.
PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
A. W
omen’s History Month Proclamation
Nawatha Reed, Sheryl Welch and Tammi Kline from the Persephone Guild accepted the proclamation.
B. HAVEN Presentation
Healthy Alternatives to Violent Environments Donor Engagement Specialist, Kathleen Rowe-Glendon, presented on the services HAVEN provides.
ITEM 5
DRAFT MINUTES
Regular City Council Meeting
March 27, 2023
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
D
ave Pratt spoke regarding the Special City Council Meeting/Goal Setting Workshop, interchange project, and traffic.
John Warren spoke regarding a stop sign needing to be installed at 9 th St. & Roeding Rd.
Gene Yeakley spoke regarding March 29, 2023 being recognized as Vietnam War of Veterans Day.
City Clerk, Fallon Martin, read an email into the record from Brittany Valadez regarding traffic safety at N. Central Ave.
APPOINTMENTS TO BOARDS/COMMISSIONS
A. R
eappointing an Alternate Member to Stanislaus County’s Economic Development Action Committee Calendar Year 2023.
City Clerk, Fallon Martin, introduced the item.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Council and staff discussed having a staff member serve as the alternate member.
Action: M
otion by Councilmember Martinez , seconded by Vice Mayor Silveira, appointing the City Manager or his/her designee to serve as the alternate member on Stanislaus County’s Economic Development Action Committee for Calendar Year 2023. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira
Mayor
Lopez
Yes Yes Yes Yes Yes
B. Appointment to the San Joaquin Valley Air Pollution Control District’s Special City Selection Committee for Calendar Year 2023.
City Clerk, Fallon Martin, introduced the item.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
ITEM 5
DRAFT MINUTES
Regular City Council Meeting
March 27, 2023
Councilmember Martinez recommended Councilmember Vierra serve on the committee.
Action: M otion by Councilmember Martinez , seconded by Vice Mayor Silveira, appointing Councilmember Vierra to serve on San Joaquin Valley Air Pollution Control District’s Special City Selection Committee for Calendar Year 2023. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira
Mayor
Lopez
Yes Yes Yes Yes Yes
C. Reappointing Two (2) Existing Committee Members to the Measure “H” Citizens’ Oversight Committee.
City Clerk, Fallon Martin, introduced the item recommending reappointment of Josh Steeley and Angela Huerta with their term expiring June 30, 2026.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Council and staff discussion included information on past application periods and Measure H bylaws.
Action: M
otion by Councilmember Martinez , seconded by Vice Mayor Silveira, reappointing Josh Steeley to the Measure “H” Citizens’ Oversight Committee for a three- year term to expire on June 30, 2026. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira
Mayor
Lopez
Yes Yes Yes Yes Yes
Action: M otion by Councilmember Martinez , seconded by Vice Mayor Silveira, reappointing Angela Huerta to the Measure “H” Citizens’ Oversight Committee for a three- year term to expire on June 30, 2026. Motion carried 5/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira
Mayor
Lopez
Yes Yes Yes Yes Yes
ITEM 5
DRAFT MINUTES
Regular City Council Meeting
March 27, 2023
CONFLICT OF INTEREST DECLARATION
C
ouncilmember Vierra declared a conflict of interest on Consent item 10 and abstained from voting.
CONSENT CALENDAR
Action: M
otion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving items 1-9. Motion carried 5/0/0 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 Yes
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 , 2023. (Dias)
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)
ITEM 5
DRAFT MINUTES
Regular City Council Meeting
March 27, 2023
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. (Royal)
10. Removed for separate consideration.
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
Item 10
: Removed for separate consideration by Councilmember Vierra
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)
Action: M otion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving items 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 Abstain Yes Yes Yes
UNFINISHED BUSINESS
N
one
PUBLIC HEARING
11. Dh
illon 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.
ITEM 5
DRAFT MINUTES
Regular City Council Meeting
March 27, 2023
Community Development Director, Christopher Hoem, introduced the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren spoke regarding the location of the project, loss of commercial interest, parking, and traffic study.
Dave Pratt spoke regarding the Planning Commission, delivery service vehicles, parking, and traffic.
Bret Jolley spoke regarding various reasons why the project should be approved.
City Clerk, Fallon Martin, read an email into the record from Juan Vazquez supporting the project.
City Clerk, Fallon Martin, read an email into the record from Pedro Ramirez supporting the project.
City Clerk, Fallon Martin, read an email into the record from Alexander Parker supporting the project.
Gene Yeakley spoke regarding a traffic study.
Mayor Lopez closed public comment.
Council and staff discussion included the need for housing, first responder accessibility and a traffic study.
Action: M
otion by Councilmember Silveira, seconded by
Councilmember Vierra, approving Resolution 2023- 38. Motion carried 3/2/0 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
No Yes No Yes Yes
Action: M otion by Vice Mayor Silveira, seconded by Councilmember Vierra, approving Resolution 2023-39. Motion carried 3/2/0 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
No Yes No Yes Yes
ITEM 5
DRAFT MINUTES
Regular City Council Meeting
March 27, 2023
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)
Public Works Director, Sam Royal, introduced the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
Dave Pratt spoke regarding California Department of Fish & Wildlife and enforcement measures.
Gene Yeakley spoke regarding enforcement measures.
Mayor Lopez closed public comment.
Council and staff discussion included no fishing signs at the location, enforcement, California Department of Fish & Wildlife, and recreational fishing for children.
Action: M
otion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving Ordinance No. 2023- 1074. Motion carried 4/1/0 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
No Yes Yes Yes Yes
NEW BUSINESS
13. R
esolution 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)
Redevelopment & Economic Development Manager, Tamra Spade, introduced the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
Gene Yeakley spoke regarding security at the event.
Dave Pratt spoke regarding security at lots where cars will be parked.
ITEM 5
DRAFT MINUTES
Regular City Council Meeting
March 27, 2023
Mayor Lopez closed public comment.
Council and staff discussion included the date of the event, liability, parking, the allocation of ARPA funds, working with the airport, and vendors for the festival.
Action: M otion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving item 13. Motion carried 5/0/0 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 Yes
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)
Redevelopment & Economic Development Manager, Tamra Spade, introduced the item. Lisa Mantarro-Morre and Brandy Meyer also spoke regarding the event.
Mayor Lopez asked for public comment. The following members of the public spoke:
Gene Yeakley spoke regarding the amount of money the City is sponsoring towards the event and what it will be used for.
Dave Pratt spoke regarding vendor fees.
Mayor Lopez closed public comment.
Action: M
otion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 14. Motion carried 5/0/0 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 Yes
DISCUSSION ITEMS
N
one
ITEM 5
DRAFT MINUTES
Regular City Council Meeting
March 27, 2023
COUNCILMEMBER REFERRALS
N
ew Referral:
(Requested by Councilmember Vierra)
Requested staff look into hosting a public safety meeting for the public displaying what they do and services they provide.
REPORTS
•
Mayor
Mayor Lopez spoke regarding Vietnam War of Veterans Day and the Arbor Day event taking place Tuesday, March 28th at 10:00 a.m.
• City Council
Councilmember Vierra spoke regarding Ceres partnerships, Economic Development Advisory Committee meeting in April, an upcoming job fair, and Love Ceres.
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
Nothing to report.
• City Attorney
Nothing to report.
• Departments
Community Development Director, Christopher Hoem, introduced the City’s newly hired Senior Planner, Teddie Hernandez and Building Permit Technician, Rhonda Rose.
• County Supervisor
Nothing to report.
CLOSED SESSION
N
one
ITEM 5
DRAFT MINUTES
Regular City Council Meeting
March 27, 2023
REPORT FROM CLOSED SESSION
N
one
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.
There being no further business, Mayor Lopez adjourned the meeting at 8 :18 p.m.
_____________________________
Javier Lopez, Mayor
______________________________
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.
ITEM 5
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
ITEM 6
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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: April 10, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209)538-5717
SUBJECT:
Waiver of Second Reading and Adoption of Ordinance No. 202 3- 1074, An Ordinance of t he City Council o f the City of Ceres Amending Chapter 9.16, Parks, Public Property, a nd Public Facilities, of Title 9, Public Peace, Safety a nd 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 adopt Ordinance No 2023- 1074, reading by title only and waiving further reading, to amend Title 9, Public Peace, Morals and Welfare, 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 areawide 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 so wildlife habitation can take place.
Recreational fishing involves the use of equipment that could 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 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 restrictions on fishing activities in the River Bluff Regional Park Lower Terrace retention ITEM 7
pond, so the City can 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:
N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
Should Council decide not to approve the amendment there would be no codified mechanism to enforce fishing restrictions 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:
N/A
Approved by: ________________________________
Alex Terrazas, City Manager
Attachments:
1. Ordinance No. 2023-1074
2. Public Hearing Notice
ITEM 7
{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.
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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, except 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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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. 2023-1074 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
ITEM 7
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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: April 10, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., City Engineer
[email protected], (209) 538-5775
SUBJECT:
Resolution No. 202 3-42, Awarding the Construction Contract f or CDBG Morrow Village Phase 2 Sidewalk Improvements t o United Pavement Maintenance Inc. and Authorizing Construction Support, a 10% Contingency, a Budget Amendment, and the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:
Staff recommends the awarding of the Contract for the CDBG Morrow Village Phase 2 Sidewalk Improvements in the amount of $445,827.00 , authorizing an estimated $2 0,000 for construction support including but not limited to material testing, authorizing a 10% contingency of $46,582.70, authorizing a budget amendment, and authorizing the City Manager to execute the contract.
I. BACKGROUND:
The City of Ceres has received funding through the Community Development Block Grant (CDBG) to provide public infrastructure for a suitable living environment. The City will use the funding to design and construct the CDBG Morrow Village Phase 2 Sidewalk Improvements project. The project consists of installing ADA compliant pedestrian sidewalk, driveway ramps, corner ramps, and curb and gutter on Rose Avenue from Garrison Road to Whitmore Avenue.
II. REASONS FOR RECOMMENDATION:
Proposals for construction were due on March 30 th, 2023. Of the five (5) bids received, United Pavement Maintenance Inc. submitted the lowest responsive and responsible bid in the amount of $445,827.00. Construction support including but not limited to m aterial testing is estimated to be $20,000, and a ten percent contingency of $46,582.70 brings the project construction total to $512,409.70. A memo with the detailed comparison of the bid results is attached.
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III. FISCAL IMPACTS:
The project was included and programmed in the Capital Improvement Program (CIP) list for a total amount of $357,97 3.00 in Account 291.95.800500. As a result of the bid tabulation, construction support including but not limited to material testing, and 10% contingency, a budget amendment is necessary to fully fund this project. We are requesting additional funds in the amount of $154,437.44 paid for by Measure L funding from account number 271.95.800500.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.
V. POLICY ALTERNATIVES:
The City Council can choose to direct staff to reject the bids and re-bid the project; or reject the bids and eliminate the project.
VI. INTERDEPARTMENTAL COORDINATION:
This project has been coordinated with the Public Works Department.
VII. PUBLIC PARTICIPATION:
Engineering Staff notified all affected residents in the project area and will continue to provide notification throughout the project.
VIII. ENVIRONMENTAL REVIEW:
This project is a CEQA Categorical Exemption as per Section 15301(c) Existing Facilities IX. STEPS FOLLOWING APPROVAL:
Execute the Contract with the contractor, conduct a preconstruction conference and issue the Notice to Proceed.
Approved by: __________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution 2023-42
2. Budget Amendment
3. B id Results
ITEM 8
RESOLUTION NO. 2023-42
AWARDING THE CONSTRUCTION CONTRACT FOR CDBG MORROW
VILLAGE PHASE 2 SIDEWALK IMPROVEMENTS TO UNITED
PAVEMENT MAINTENANCE INC. AND AUTHORIZING
CONSTRUCTION SUPPORT, A 10% CONTINGENCY, A BUDGET
AMENDMENT, AND THE CITY MANAGER TO EXECUTE THE
CONTRACT
THE CITY COUNCIL
City of Ceres
WHEREAS, proposals for the construction contract for CDBG Morrow Village Phase 2 Sidewalk Improvements were due on March 30th, 2023; and
WHEREAS, the lowest responsive and responsible bid for the CDBG Morrow Village Phase 2 Sidewalk Improvements was received from United Pavement Maintenance, Inc., in the amount of $445,827.00; and
WHEREAS, it is estimated that $20,000.00 will be needed for construction material testing; and
WHEREAS, a construction contingency in the amount of 10% or $46,582.70 is necessary and appropriate to accommodate any unforeseen costs bringing the total cost authorization to $512,409.70; and
WHEREAS, the CDBG Morrow Village Phase 2 Sidewalk Improvements was programmed in the Capital Improvement Program CIP list in account number 291.95.800500 in the amount of $357,973; and
WHEREAS, a budget amendment appropriating an additional $154,437.44 is necessary to fully fund the project , paid for by Measure L funding from account 271.95.800500.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award the construction contract for CDBG Morrow Village Phase 2 Sidewalk Improvements to United Pavement Maintenance Inc. and authorizes construction support, a 10% contingency, a budget amendment, and the City Manager to execute the contract.
BE IT FURTHER RESOLVED, that the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.
ITEM 8
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 10th day of April 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 8
Exhibit A
Exhibit "A"
Budget Amendment No.
Fiscal Year 2022 - 2023
Reference Resolution No. 2023-42, dated April 10,2023,
authorizing appropriations for Budget Adjustments to the CDBG Morrow Village Phase 2 Sidewalk Improvements as follows:
Appropriations:
Fund Name Fund
No.
Dept.
No.
Object
No.
Appropriation
Amount
Measure L Funds 271 95 800500 $154,437.44
Requested Appropriation $154,437.44
2022 - 2023 Current Appropriation $357,972.26
Total Appropriation $512,409.70
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:
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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: April 10, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT:
Resolution No. 2023-43, Authorizing the City Manager to Accept the Well 42 Design and Construction Project as Complete, Approve the Balancing Contract Change Order, Authorize the Filing of the Notice of Completion, and Release the Retention to the Contractor RECOMMENDED COUNCIL ACTION:
St
aff recommends City Council accept the Well 42 Design and Construction Project as complete, approve the balancing contract change order, authorize the filing of the Notice of Completion (NOC), and release the retention in the amount of $41,636.99.
I. BACKGROUND:
On J
anuary 11, 2021, City Council awarded the contract for the Well #42 project, located on the northeast corner of 5 th and North streets on the Whitmore Mansion Property, to Conco West. The project included furnishing and installing a complete pumping station and associated equipment to introduce a new water source (by well supply) into the water system. The project was necessary to maintain adequate water supply to meet the C ity’s demands.
II. REASONS FOR RECOMMENDATION:
Al
l work has been completed in accordance with the contract proposal.
III. FISCAL IMPACTS:
The c
ontract was awarded for $1,410,000.00 plus a 10% contingency for a total amount of $1,551.000.00. The final cost of the project was $1,532,739.91, with $122,739.91, or 8.7%, of the contingency amount used.
ITEM 9
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:
This project is a California Environmental Quality Act (CEQA) Categorical Exemption as per Section 15301(c) Existing Facilities.
IX. STEPS FOLLOWING APPROVAL:
Upon Council approval, the Notice of Completion will be filed, and the retention will be released after 35 days if no claims are filed.
Approved by: __________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution 2023-43
2. N otice of Completion
3. Retention Invoice
4. B alancing Contract Change Order
ITEM 9
RESOLUTION NO. 2023-43
AUTHORIZING THE CITY MANAGER TO ACCEPT THE WELL 42
DESIGN AND CONSTRUCTION PROJECT AS COMPLETE, APPROVE
THE BALANCING CONTRACT CHANGE ORDER, AUTHORIZE THE
FILING OF THE NOTICE OF COMPLETION, AND RELEASE THE
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 Well 42 Design and Construction project; and
WHEREAS, staff recommends this project be accepted as complete and the contractor, Conco West, be paid all sums due under the contract; and
WHEREAS, the final contract amount was $1,532,739.91; and
WHEREAS, the retention amount to be released to the contractor is $41,636.99 and funds are available in account 52735.800500; and
WHEREAS, the City Council has determined that the sums due under the project contract including all change orders are reasonable and in accordance with the project contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to accept the Well 42 Design and Construction Project as complete, approve the balancing contract change order, authorize the filing of the notice of completion, and release the retention to the contractor.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 10
th day of April 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
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 January 21, 2021, the City of Ceres, a Municipal Corporation in the County of Stanislaus, State of California accepted the bid of Conco West, Inc., for the Well 42 design and Construction project.
2. On March 13, 20 23, said contract as a whole was completed by Conco West, Inc. and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 10th day of April, 2023.
3. A faithful performance bond and/or warranty bond in the amount of ten (10) percent of the contract price will be forced for a period of one year after notice of completion is filed.
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 facts stat ed 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 10th day of April, 2023.
By: ________________________________________,
Fallon Martin, City Clerk
ITEM 9
ITEM 9
CONCO-WEST, INC
P.O. BOX 1360
MANTECA, CA 95336
209 239-2110
Retention Invoice 030823
Bill to:
CITY OF CERES
2220 MAGNOLIA STREET
CERES, CA 95307
Job: 20290
WELL NO. 42
NORTH STREET AND FIFTH STREET
CERES, CA 95307
Date: 03/08/23
Payment Terms: PER CONTRACT
Customer Code: CERE01
Salesperson:
Invoice # Type Retention Amount Previous Billed Current Due 1546 I 9,935.00 4,967.50 4,967.50
1564 I 9,945.97 4,972.98 4,972.99
1587 I 8,556.92 4,278.46 4,278.46
1603 I 4,647.66 2,323.83 2,323.83
1609 I 4,566.96 2,283.48 2,283.48
1632 I 5,104.50 2,552.25 2,552.25
1649 I 1,897.50 948.75 948.75
1657 I 3,130.00 1,565.00 1,565.00
1670 I 3,975.44 1,987.72 1,987.72
1690 I 10,100.00 5,036.14 5,063.86
1702 I 520.00 0.00 520.00
1712 I 1,366.49 0.00 1,366.49
1726 I 404.45 0.00 404.45
1804 I 312.80 0.00 312.80
1832 I 3,640.89 0.00 3,640.89
1848 I 304.63 0.00 304.63
1869 I 60.00 0.00 60.00
1676. I 8,167.78 4,083.89 4,083.89
Total Retention: 76,636.99
Previous Billed: 35,000.00
Total: 41,636.99
Print Date: 03/08/23 Page: 1
ITEM 9
PROJECT: WELL 42 PAY ESTIMATE NO: 18
OWNER: CITY OF CERES APPLICATION DATE: 8-Mar-23 ENGINEER : GDR ENGINEERING PERIOD FROM: 1-Feb-23
/30 CONCO-WEST, INC. PERIOD TO: 8-Mar-23
CWI JOB #: 20290
CONTRACT
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY TOTAL
1 CONTRACT ADMINISTRATION .
1 BONDS & INSURACNCE 1 LS $13,000.00 13,000.00$ 1.00 13,000.00$ - -$ 1.00 13,000.00$ 100.00% 13,000.00$ 0.00% -$ 13,000.00$ 2 MOBILIZATION
1 MOBILIZATION 1 LS $23,000.00 23,000.00$ 1.00 23,000.00$ - -$ 1.00 23,000.00$ 2 DEMOBILIZATION 1 LS $2,000.00 2,000.00$ 1.00 2,000.00$ - -$ 1.00 2,000.00$ 3 STAKING 1 LS $6,000.00 6,000.00$ 1.00 6,000.00$ - -$ 1.00 6,000.00$ 4 SWPPP 1 LS $17,000.00 17,000.00$ 1.00 17,000.00$ - -$ 1.00 17,000.00$ 100.00% 48,000.00$ 0.00% -$ 48,000.00$ 3A WELL PUMPS, PIPING, VALVES, EQUIPMENT, FITTINGS
1 FURNISH & INSTALL WELL PUMP 1 LS $75,000.00 75,000.00$ 1.00 75,000.00$ - -$ 1.00 75,000.00$ 2 FURNISH & INSTALL WELL DISCHARGE PIPING & VALVES 1 LS $86,000.00 86,000.00$ 1.00 86,000.00$ - -$ 1.00 86,000.00$ 3 INSTALL SMALL WATER PIPING, CHECMICAL FEED PIPE,
EYEWASH/SHOWER, ETC 1 LS $20,000.00 20,000.00$ 1.00 20,000.00$ - -$ 1.00 20,000.00$ 4 INSTALL ONSITE DRAIN PIPING 1 LS $74,000.00 74,000.00$ 1.00 74,000.00$ - -$ 1.00 74,000.00$ 5 OFFSITE WATER DEMO 1 LS $5,000.00 5,000.00$ 1.00 5,000.00$ - -$ 1.00 5,000.00$ 6 OFFSITE WATERLINE INSTALLATION 1 LS $23,000.00 23,000.00$ 1.00 23,000.00$ - -$ 1.00 23,000.00$ 7 OFFSITE WATER PATCH PAVING 1 LS $8,000.00 8,000.00$ 1.00 8,000.00$ - -$ 1.00 8,000.00$ 9 PAINT EXPOSED PIPING 1 LS $20,000.00 20,000.00$ 1.00 20,000.00$ - -$ 1.00 20,000.00$ 100.00% 311,000.00$ 0.00% -$ 311,000.00$ 3B MISCELLAMEOUS SLABS ON GRADE, AGGREGATE BASE &
PAVING
1 SITE DEMOLITION 1 LS $10,000.00 10,000.00$ 1.00 10,000.00$ - -$ 1.00 10,000.00$ 2 SITE ROUGH GRADING 1 LS $25,000.00 25,000.00$ 1.00 25,000.00$ - -$ 1.00 25,000.00$ 3 FINE GRADE SITE & PLACE AGGREGATE BASE 1 LS $45,000.00 45,000.00$ 1.00 45,000.00$ - -$ 1.00 45,000.00$ 4 CONCRETE PADS- MCC, GENERATOR, CHEMICAL STRUCTURE 1 LS $32,000.00 32,000.00$ 1.00 32,000.00$ - -$ 1.00 32,000.00$ 5 SITE CONCRETE PAVING 1 LS $115,000.00 115,000.00$ 1.00 115,000.00$ - -$ 1.00 115,000.00$ 100.00% 227,000.00$ 0.00% -$ 227,000.00$ 3C BALANCE OF SITE WORK, MATERIALS, CHEMICAL FEED &
LABOR
1 INSTALL CHEMICAL FEED STRUCTURE 1 LS $17,000.00 17,000.00$ 1.00 17,000.00$ - -$ 1.00 17,000.00$ 2 INSTALL CHEMICAL FEED SYSTEM 1 LS $10,000.00 10,000.00$ 1.00 10,000.00$ - -$ 1.00 10,000.00$ 3 INSTALL SITE FENCING 1 LS $81,000.00 81,000.00$ 1.00 81,000.00$ - -$ 1.00 81,000.00$ 100.00% 108,000.00$ 0.00% -$ 108,000.00$ 4A ALT. 1- 12" PVC DRAIN PIPE (SDR 35)
1 DEMO 1 LS $10,000.00 10,000.00$ 1.00 10,000.00$ - -$ 1.00 10,000.00$ 2 INSTALL 12" SDR-35 PIPE 1 LS $165,000.00 165,000.00$ 1.00 165,000.00$ - -$ 1.00 165,000.00$ 3 PATCH PAVE 1 LS $35,000.00 35,000.00$ 1.00 35,000.00$ - -$ 1.00 35,000.00$ 4 REPALCE DAMAGED STRIPING 1 LS $4,000.00 4,000.00$ 1.00 4,000.00$ - -$ 1.00 4,000.00$ 100.00% 214,000.00$ 0.00% -$ 214,000.00$
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
CONTRACT QUANTITY PREVIOUS TOTAL CURRENT PERIOD TOTAL TO DATE
TOTAL COMPLETED
ITEM 9
4C OUTFALL STRUCTURE
1 INSTALL OUTFALL STRUCTURE 1 LS $7,000.00 7,000.00$ 1.00 7,000.00$ - -$ 1.00 7,000.00$ 100.00% 7,000.00$ 0.00% -$ 7,000.00$ 4D MANHOLES
1 MANHOLES 1 LS $23,000.00 23,000.00$ 1.00 23,000.00$ - -$ 1.00 23,000.00$ 100.00% 23,000.00$ 0.00% -$ 23,000.00$ 5A MAIN SWITCHBOARD, MCC, RTU/CONTROL PANEL
1 SUBMITTALS 1 LS $5,000.00 5,000.00$ 1.00 5,000.00$ - -$ 1.00 5,000.00$ 2 FURNISH & INSTALL MCC, RTU/CONTROL PANEL 1 LS $153,000.00 153,000.00$ 1.00 153,000.00$ - -$ 1.00 153,000.00$ 100.00% 158,000.00$ 0.00% -$ 158,000.00$ 5B SYETEM INTEGRATION/PROGRAMMING, START UP. TESTING &
TRAINING
1 SYETEM INTEGRATION 1 LS $45,000.00 45,000.00$ 1.00 45,000.00$ - -$ 1.00 45,000.00$ 2 START UP 1 LS $6,000.00 6,000.00$ 1.00 6,000.00$ - -$ 1.00 6,000.00$ 100.00% 51,000.00$ 0.00% -$ 51,000.00$ 5C ELECTRICAL DISTRIBUTION, CONDUIT, CONDUCTORS, LIGHTING & MISCELLANEOUS WIRING DEVICES
1 SUBMITTALS 1 LS $5,000.00 5,000.00$ 1.00 5,000.00$ - -$ 1.00 5,000.00$ 2 UNDERGROUND ROUGH IN 1 LS $62,000.00 62,000.00$ 1.00 62,000.00$ -$ 1.00 62,000.00$ 3 ABOVE GROUND ROUGH IN 1 LS $36,000.00 36,000.00$ 1.00 36,000.00$ - -$ 1.00 36,000.00$ 4 WIRE & TERMINATIONS 1 LS $26,000.00 26,000.00$ 1.00 26,000.00$ - -$ 1.00 26,000.00$ 5 LIGHT POLES & FIXTURES 1 LS $12,000.00 12,000.00$ 1.00 12,000.00$ - -$ 1.00 12,000.00$ 100.00% 141,000.00$ 0.00% -$ 141,000.00$ 5D BALANCE OF ELECTRICAL WORK (OFFSITE TID WORK)
1 INSTALL TID PRIMARY 1 LS $24,000.00 24,000.00$ 1.00 24,000.00$ - -$ 1.00 24,000.00$ 2 PATCH PAVE 1 LS $13,000.00 13,000.00$ 1.00 13,000.00$ - -$ 1.00 13,000.00$ 3 CONCRETE REPAIR 1 LS $5,000.00 5,000.00$ 1.00 5,000.00$ - -$ 1.00 5,000.00$ 100.00% 42,000.00$ 0.00% -$ 42,000.00$ 5E STANDBY GENERATOR
1 STANDBY GENERATOR 1 LS $67,000.00 67,000.00$ 1.00 67,000.00$ - -$ 1.00 67,000.00$ 100.00% 100.00% 0.00% -$ 67,000.00$
5F CHANGE ORDERS
1 PROVIDE INVERTER RATED WELL CHECK VALVE 1 LS $960.25 960.25$ 1.00 960.25$ - -$ 1.00 960.25$ 100.00% 960.25$ 0.00% -$ 960.25$ 2 ALT. 2 STORM DRAIN CHANGES 1 LS $25,000.00 25,000.00$ 1.00 25,000.00$ - -$ 1.00 25,000.00$ 100.00% 25,000.00$ 0.00% -$ 25,000.00$ 3 WATERLINE CHANGES & UNMARKED UTILITIES 1 LS $31,607.80 31,607.80$ 1.00 31,607.80$ - -$ 1.00 31,607.80$ 100.00% 31,607.80$ 0.00% -$ 31,607.80$ 5 RAISE EXISTING WELL HEAD 1 LS $13,103.10 13,103.10$ 1.00 13,103.10$ - -$ 1.00 13,103.10$ 100.00% 13,103.10$ 0.00% -$ 13,103.10$ 6 MCC CHANGES DURING THE SUBMITTAL PROCESS 1 LS $11,885.25 11,885.25$ 1.00 11,885.25$ - -$ 1.00 11,885.25$ 100.00% 11,885.25$ 0.00% -$ 11,885.25$ 7 ADDED WORKING DAYS 1 LS 0 -$ - -$ - -$ 1.00 -$ -$ -$ -$
8 TID ADDITIONAL CONDUIT FROM THE TRANSFORMER TO THE
NORTH PROJECT BOUNDRY 1 LS $12,089.29 12,089.29$ 1.00 12,089.29$ - -$ 1.00 12,089.29$ 100.00% 12,089.29$ 0.00% -$ 12,089.29$ 9 PROVIDE REBAR AT DRIVEWAYS 1 LS $3,908.85 3,908.85$ 1.00 3,908.85$ - -$ 1.00 3,908.85$
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
ITEM 9
100.00% 3,908.85$ 0.00% -$ 3,908.85$ 11 AIRBOARD DELAY'S 1 LS $12,216.35 12,216.35$ 1.00 12,216.35$ - -$ 1.00 12,216.35$ 100.00% 12,216.35$ 0.00% -$ 12,216.35$ 12 PROVIDE TEMPORARY REFURBISHED EXPANSION CARD 1 LS $3,289.00 3,289.00$ 1.00 3,289.00$ - -$ 1.00 3,289.00$ 100.00% 3,289.00$ 0.00% -$ 3,289.00$ 13 PROVIDE PLC PROGRAMMING FOR FLOW PACING FOR THE
CHEMICAL CONTROL PANEL 1 LS $6,256.00 6,256.00$ 1.00 6,256.00$ - -$ 1.00 6,256.00$ 100.00% 6,256.00$ 0.00% -$ 6,256.00$ 14 ADJUSTING THE SCADA ANTENNA 1 LS $931.39 931.39$ 1.00 931.39$ - -$ 1.00 931.39$ 100.00% 931.39$ 0.00% -$ 931.39$ 15 ADDITIONA WIRE TO GENERATOR. BREAKER REQUIRED
ADDITIONAL WIRE NOT SHOWN ON CONDUIT SCHEDULE 1 LS $1,492.63 1,492.63$ 1.00 1,492.63$ - -$ 1.00 1,492.63$ 100.00% 1,492.63$ 0.00% -$ 1,492.63$ 1,532,739.91$ 1,532,739.91$ -$ 100.00% TOTAL AMOUNT TO DATE 1,532,739.91$
LESS 5% RETENTION
SUBTOTAL 1,532,739.91$
LESS PREVIOUS BILLINGS 1,491,102.92$
TOTAL PAYMENT DUE 41,636.99$
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
TOTAL COMPLETED
ITEM 9
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: April 10, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Consideration to Cancel the Second Regularly Scheduled City Council Meeting on May 22, 2023
RECOMMENDED COUNCIL ACTION:
By minute order, cancel the second regularly scheduled City Council meeting of March 22, 2023.
I. BACKGROUND:
Section 2.02.010 of the Ceres Municipal Code specifies the regular meetings of the City Council shall be held on the second and fourth Monday of each month at 6:00 p.m. in the Ceres City Council Chambers.
Cancellation of this meeting requires an affirmative vote of the City Council. The next regular scheduled City Council meeting would be held on Monday, June 12, 2023. Should a meeting be necessary before June 12 , 2023, a special meeting can be called , which requires a 24-hour notice for posting the agenda.
II. REASONS FOR RECOMMENDATION:
Mayor Lopez and Councilmember Vierra will be out of town on official City business.
III. FISCAL IMPACTS:
N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
N/A
ITEM 10
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
The City Clerk will post a Notice of Cancellati on as prescribed by law, in the location required by the City of Ceres on the Affidavit of Posting and the City website.
Approved by: __________________________
Alex Terrazas, City Manager
ITEM 10
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: April 10, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Marjorie Blom, Planning Consultant
[email protected], (209) 538-5762
SUBJECT:
Resolution No. 202 3-44, Adopting in Concurrence with Stanislaus Urban County Consortium FY 202 3-2024 CDBG and HOME Annual Action Plan and Support of Submission to Housing and Urban Development (HUD)
RECOMMENDED COUNCIL ACTION:
Adopt a Resolution in concurrence with Stanislaus Urban County Consortium Fiscal Year (FY) 2023-2024 CDBG and HOME Annual Action Plan and support of submission to the HUD.
I. BACKG ROUND:
The city is a member of the Stanislaus Urban County CDBG and HOME Consortium, consisting of Stanislaus County, the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford. Participation in the Consortium enables the County and participating jurisdictions to access funds directly from the federal government for the Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Programs, rather than compete for funds through the State. The FY 2023- 2024 Annual Action Plan covers both CDBG and HOME Programs.
CDBG
For Fiscal Year 2023- 2024, it is anticipated that the City of Ceres will be allocated approximately $233,793 under the Community Development Block Grant (CDBG) Program (see attached allocation chart). The goals of the Consortium as established under the federal CDBG programs guidelines are as follows: 1) to provide decent housing; 2) to provide a suitable living environment; and 3) to expand economic opportunities.
The City of Ceres CDBG allocation for FY 2023-2024. will be utilized for the continuation of the Morrow Village Project consisting of infrastructure improvements (curb, gutter, sidewalk, and ADA improvements) and CDBG administration.
ITEM 11
HOME
For Fiscal Year 2023 -2024, it is anticipated that the City of Ceres will be allocated approximately $148,893, under the Home Investment Partnership (HOME) Program (see attached allocation chart). The goals of the C onsortium as established under the federal HOME program guidelines is to further affordable housing activities benefitting low-income households.
The City of Ceres HOME allocation for FY 2023-2024. will be utilized for the continuation of the City’s First Time Homebuyers Program to assist income qualified individuals and/or families with down payment assistance for purchase of eligible priced homes within the City.
II. RE ASONS FOR RECOMMENDATION:
This action is required by HUD, as the City of Ceres is a member of the Stanislaus Urban County Consortium, for Community Development Block Grant (CDBG) and HOME funds.
III. F ISCAL IMPACTS :
The City will receive approximately $233,793 in CDBG funds and $143,893 in HOME funds from the Stanislaus Urban County Consort ium funds, which will be included in the Fiscal Year (FY) 2023-2024 City Budget.
IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :
N/A
V. P OLICY ALTERNATIVES :
N/A
VI. I NTERDEPARTMENTAL COORDINATION:
N/A
VII. P UBLIC PARTICIPATION:
The Stanislaus County Planning and Community Development Department, as the Consortium administrator, has the lead role in the preparation of the Annual Action Plan, which includes the public participation requirement under HUD guidelines.
A series of public meetings were held in each of the Consortium member’s jurisdiction. For the City of Ceres, the community meeting on the Draft FY 20223-2024 Annual Action Plan (AAP) was held on March 27, 2023, at 5:00 pm at the Ceres Community Center, Upstairs Meeting Room.
In addition, the Draft FY 2023-2024 Annual Action Plan has been available for public review in the Stanislaus County Planning and Community Development Department, as well as various locations throughout the County, for over a month. To date, the city has not received any verbal or written comments regarding the Draft FY 2023-2024 Annual Action Plan.
ITEM 11
Any public comments received by members of the public this evening will be forwarded to the County Board of Supervisors for inclusion in the final FY 2023-2024 Annual Action Plan being submitted to HUD by the County.
VIII . ENVIRONMENTAL REVIEW:
N/A
IX. ST EPS FOLLOWING APPROVAL :
Staff will forward any public comments and the resolution of concurrence to the County Board of Supervisors upon Council approval, pursuant to HUD guidelines.
Approved by: ______________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution 2023-44
2. FY 23/24 CDBG Funding Allocations Chart
3. FY 23/24 HOME Funding Allocations Chart
ITEM 11
ITEM 11
RESOLUTION NO. 2023-44
ADOPTING IN CONCURRENCE WITH STANISLAUS URBAN COUNTY
CONSORTIUM FY 2023-2024 CDBG AND HOME ANNUAL ACTION PLAN AND
SUPPORT OF SUBMISSION TO HOUSING AND URBAN DEVELOPMENT (HUD)
THE CITY COUNCIL
City of Ceres, California
WHEREAS, the Annual Action Plan outlines the goals for ut ilizing Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Program funds to assist low -income households and persons in the areas of affordable housing, associated infrastructure, and economic development for the Stani slaus Urban County Consortium, and
WHEREAS, the Stanislaus Urban County C onsortium includes the County of Stanislaus, the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford, each of which hav e unanimously chosen to participate in the entitlement process, thereby receiving a portion of CDBG and HOME funds allocated to Stanislaus County, and
WHEREAS, the City of Ceres allocation of approximately $233,793 in CDBG funds will be u sed for eligible administration and infrastructure impr ovements for the installation of (ADA) ramps, and curb, gutte r, s idewalk repairs for the Morrow Village Infrastructure Project; and
WHEREAS, the City of Ceres allocation of approximately $143,893 in HOME funds will be used for the City’s Firs t Time Homebuyers Program to assi st i ncome qualified individuals and/or families with downpayment assistance for purchase of eligible priced homes within the City; and
WHEREAS, Stanislaus County, the Cities of Ceres, Hughson, N ewman, Oakdale, Patterson, Riverbank, and Waterford have worked together to prepare the Annual Action Plan for Fiscal Year (FY) 2023-2024; and
WHEREAS, the Annual Action Plan for FY 2023-2024 was made available to the public as an opportunity to review and provide comments prior to the final public hearing to be held by the Stanislaus County Board of Supervisors on May 3, 2023; and
WHEREAS, the purpose of this Resolution is to approve the FY 2023- 2024 Annual Action Plan, in concurrence with the Stanislaus Urban County Consortium.
NOW, THERE FORE, BE IT RESOLVED that t he City Council of the City of Ceres adopts in concurrence with Stanislaus Urban County Consortium FY 2023- 2024 CDBG and Home Annual Action Plan and support of submiss ion to Housing and Urban ITEM 11
Dev
elopment (HUD). City Staff is hereby authorized to take all actions necessary and incidental to accomplish the purposes of this Resolution.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 10th day of April 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_______________________________
Fallon Martin, City Clerk
ITEM 11
STANISLAUS URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
EMERGENCY SOLUTIONS GRANTS (ESG)
FISCAL YEAR 2023-2024 ANNUAL ACTION PLAN
FY 2023-2024 CDBG Allocation: $2,335,030
FY 2023-2024 ESG Allocation: $ 208,317
TOTAL: $2,543,347
The table below shows the final CDBG and ESG grant allocation breakdown among Urban County members and special programs.
FINAL CDBG AND ESG ALLOCATIONS
URBAN COUNTY
MEMBER
ACTIVITIES ADMINISTRATION TOTAL
City of Ceres $223,633 $10,160 $233,793
City of Hughson $168,013 $10,160 $178,173
City of Newman $154,712 $10,160 $164,872
City of Oakdale $173,825 $10,160 $183,985
City of Patterson $186,648 $10,160 $196,808
City of Riverbank $150,074 $10,160 $160,234
City of Waterford $227,555 $10,160 $237,715
Stanislaus County $344,728 $376,219 $720,947
Public Services @10% $233,503 $233,503
Fair Housing $25,000 $25,000
CDBG Total $1,862,691 $472,339 $2,335,030
ESG Total $192,694 $15,623 $208,317
TOTAL ALLOCATION $2,055,385 $487,962 $2,543,347
All allocations will be proportionally increased or decreased from the estimated funding levels to match final allocation amounts.
ITEM 11
ITEM 11
STANISLAUS HOME CONSORTIUM
HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
FISCAL YEAR 2023-2024 ANNUAL ACTION PLAN
FY 2023-2024 HOME Allocation: $1,708,364
The table below shows the HOME grant allocation breakdown among Stanislaus HOME Consortium members.
FINAL HOME ALLOCATIONS*
HOME CONSORTIUM MEMBER ALLOCATION
City of Ceres $143,893
City of Hughson $127,110
City of Newman $135,827
City of Oakdale $139,079
City of Patterson $133,355
City of Riverbank $134,005
City of Turlock $156,123
City of Waterford $127,500
Stanislaus County $184,381
Community Housing Development
Organization (CHDO) Set-aside @ 15%
$256,255
HOME Total $1,537,528
County Administration Total $170,836
TOTAL ALLOCATION $1,708,364
*Please Note- All allocations will be proportionally increased or decreased from the estimated funding levels to match final allocation amounts. These funds shall be allocated to individual Consortium members and will be required to be committed to an approved project within six (6) months from July 1 of each year, unless such deadline is extended by the County. An approved project shall be a project included within a HUD certified Annual Action Plan and approved by the County.
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: April 10, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected] (209) 538-5778
SUBJECT:
Ordinance No. 2023-1075, Amending Title 18, Zoning, Chapter 25, Off-Street Parking Standards, Subsection 010, Off -Street Parking Facilities of the Ceres Municipal Code to Allow Excess Vehicular Parking Areas, Beyond the Minimum Required, to be Gravel Surfaces with Certain Conditions
RECOMMENDED COUNCIL ACTION:
Staff recommends Council approve the first reading and introduction of Ordinance No 2023-1075, reading by title only, waiving further reading, to amend Title 18, Zoning, Chapter 25, Off -street Parking Facilities, of the Ceres Municipal Code to allow excess vehicular parking areas, beyond the minimum required, to be gravel surfaces with certain conditions.
I. BACKG
ROUND:
The proposal is for a zoning ordinance text amendment that would allow the Director of Community Development to authorize excess parking areas, beyond the minimum required, to be either gravel or paved parking. Certain requirements would still apply. The proposal would amend Ceres Municipal Code Chapter 18.25 Subsection K and create a new Subsection L.
II.
REASONS FOR RECOMMENDATION:
The current Zoning Ordinance requires all parking areas to be paved only, whether they are the minimum required spaces or t he number of spaces greater than the minimum . In the case of certain properties within the City limits, the minimum required parking areas are paved, but excess, overflow parking areas are at times available with dirt surfaces. This means that several exis ting dirt parking areas are currently out of compliance and may potentially cause dust issues.
It is staff’s recommendation that the minimum required parking spaces for a particular use should continue to be required as paved parking. For example, in most zones, restaurants ITEM 12
are required to have one parking space for every 3 seats. If a restaurant has 30 seats, then a minimum of 10 parking spaces would be required. This minimum amount of parking spaces must also include accessible (ADA) parking spaces, lighting, and landscaping.
However, staff recommends an amendment to the off-street parking requirements to allow excess, overflow parking areas to be either paved or gravel-surfaced. Paved surfaces are impervious and do not allow percolation of stormwater. By allowing gravel surfaces for excess parking areas, the amount of impervious surface is reduced. Gravel surfaces also reduce the need for expensive and oversized stormwater retention basins and allow stormwater to naturally percolate through the permeable soil layer. Also , gravel surfaces are superior to dirt surfaces in reducing dust nuisances.
Therefore, staff’s recommendation is to maintain the paved requirement for the minimum required parking area, but allow for the option of gravel surfaces for excess parking areas.
The most streamlined implementation of this amendment is for the Director of Community Development to authori ze the use of gravel surfaces for excess parking areas. Other regulations within the existing parking ordinance, such as lighting and landscaping, similarly authorize the Director of Community Development to review and approve. The specific conditions of this proposed amendment are described in the attached amendment language. The conditions include requirements related to stormwater, lighting, gravel surface quality, and avoiding nuisances.
GENERAL PLAN AND ZONING COMPLIANCE
The proposed zoning ordinance text amendment would apply to all properties throughout the city. General Plan goals and policies that can be applied to support the proposed text amendment include the following:
2.M.2. Permeable Surfaces. Encourage site and building design that maximizes the amount of permeable surfaces to encourage groundwater recharge and to reduce burden on existing stormwater facilities.
4.F.4. Impervious Surfaces. Minimize the amount of impervious surface in the Planning Area in order to reduce stormwater flows that may have a negative impact on the hydrology of the Tuolumne River and other downstream water bodies.
6.F.2. Reducing Stormwater Runoff. Encourage project designs that minimize drainage concentrations, minimize impervious coverage, utilize pervious paving materials, utilize low impact development (LID) strategies, and utilize Best Management Practices (BMPs) to reduce stormwater runoff.
Based on this information, staff believes the proposal is supported by the General Plan and applicable sections of the zoning ordinance.
III.
FISCAL IMPACTS:
There is no fiscal impact directly associated with the staff recommendation.
IV.
EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
N/A
ITEM 12
V. POLICY ALTERNATIVES:
The Council could decide to not amend the zoning ordinance.
VI. I NTERDEPARTMENTAL COORDINATION:
City staff and the City Attorney were consulted in the preparation of this proposal.
VII. P
UBLIC PARTICIPATION:
Staff met with multiple stakeholders in the community to solicit comments and input on the proposed amendment. Through this community engagement, ideas were shared and collaboration took place to ensure the best outcome is presented in this proposal. Thus, staff believes that the proposal achieves mutual goals. The public is also encouraged to provide input at the City Council meeting.
VIII. EN
VIRONMENTAL REVIEW :
This proposal was reviewed pursuant to the California Environmental Quality Act (CEQA).
Per CEQA Section 15061(b-3), the proposed text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action only involves a zoning code amendment, which allows the Community Development Director to approve gravel surfaces for excess park ing area.
Each new project application that uses the new code provisions would be subject to environmental review at the time of application review. Thus, amending the applicable section of the Zoning Ordinance as proposed is not subject to CEQA.
IX. ST
EPS 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. 2023-1075
2. Public Hearing Notice
ITEM 12
ITEM 12
ORDINANCE NO. 2023-1075
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING TITLE 18, ZONING, CHAPTER 25, OFF-STREET PARKING STANDARS, SUBSECTION 010, OFF-STREET PARKING FACILITIES OF THE CERES
MUNICIPAL CODE TO ALLOW EXCESS VEHICULAR PARKING AREAS, BEYOND
THE MINIMUM REQUIRED, TO BE GRAVEL SURFACES WITH CERTAIN
CONDITIONS
WHEREAS, the Planning Commission and City Council of the City of Ceres have considered the proposal for a Zoning Ordinance Text Amendment to modify the Off-Street Parking Standards in Chapter 18.25 of the Ceres Municipal Code to allow excess vehicular parking areas, beyond the minimum required, to be gravel surfaces with certain conditions as specified below; and,
WHEREAS, this amendment would affect parking standards city-wide; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on March 6, 2023, at 6:00 p.m., and considered all testimony and comments presented whether orally or in writing; and,
WHEREAS, the Planning Commission, in making a recommendation to the City Council to grant the Director of Community Development the authority to approve such excess gravel parking areas that meet specified conditions, found that:
1. The proposed Zoning Ordinance Text Amendment is consistent with the purpose and intent of the applicable goals and policies of the City of Ceres General Plan and Ceres Municipal Code.
2. The proposed Zoning Ordinance Text Amendment will have no adverse effect on properties under the City’s jurisdiction.
3. The proposed Zoning Ordinance Text Amendment will not endanger any wildlife or wildlife habitat.
4. This proposed Zoning Ordinance Text Amendment was reviewed pursuant to the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b-3), the proposed zoning text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Amending the applicable section of the Ceres Municipal Code as proposed with this text amendment request wi ll not have any significant effect on the environment, and therefore, the proposal is not subject to CEQA.
ITEM 12
NOW, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Subsection 18.25.010(K), Off-street Parking Facilities, of Chapter 25, Off- street Parking and Loading Standards, of Title 18, Zoning, of the Ceres Municipal Code, is amended to read as follows:
Required P
aved ParkingPaving . All minimum required off-street parking facilities, parking spaces, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to adjacent properties, streets or alleys.
S
ECTION 2. Subsection 18.25.010(L), Off -street Parking Facilities, of Chapter 25, Off - street Parking and Loading Standards, of Title 18, Zoning, of the Ceres Municipal Code, is added to read as follows:
Excess Parking. T
he Community Development Director may authorize excess parking areas, beyond the minimum required parking set forth above, as follows:
1. The surface of the parking area shall be either paved or consist of a uniform layer of gravel evenly distributed from edge to edge and shall be free of bare spots and vegetation.
2. The depth of the gravel layer shall be at least 2 inches.
3. The gravel area shall be maintained in good condition by the property owner.
4. The material used for a gravel parking area shall be rock or crushed stone no more than 2 inches in diameter and shall not contain dirt, construction debris or other foreign material. Sand, rock dust, or other similar material less than one- eighth inch in diameter may be allowed, but shall not be included in the measurement of minimum gravel depth. The base below the gravel layer shall be pervious.
5. Overall site drainage shall be directed away from gravel parking areas.
6. Surface drainage of gravel parking areas shall be directed to pervious surfaces only and shall remain on site.
7. Concrete or asphalt driveway aprons are required between public streets and any gravel parking areas. Said driveway aprons shall extend a minimum of twenty feet from the property line.
8. Mud and gravel tracked onto public roads from gravel parking areas shall be cleaned and removed by the responsible property owner.
9. If the public has access to the gravel parking area any time between sunset and sunrise, then lighting shall be required per subsection G, above.
10. Landscaping is not required for gravel parking areas.
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.
ITEM 12
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 10th day of April 2023, and passed and adopted as Ordinance No. 2023- 1075 at a regular meeting of the City Council held on the 24th 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
ITEM 12
ITEM 12
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct public hearings on Monday, April 10, 2023 beginning at 6:00 p.m., or soon thereafter, at the Ceres Community Center, 2701 Fourth Street, Ceres, California, and via the application ZOOM for the following projects:
1. A hearing to consider a Zoning Ordinance Text Amendment (ZOTA) to the Off - street Parking Standards in Chapter 18.25 of the Ceres Municipal Code to allow excess vehicular parking areas, beyond the minimum required, to be gravel surfaces with certain conditions.
Location: Citywide
Applicant: City of Ceres
CEQA: Exempt per Section 15061(b-3)
Application Number: 23-03 ZOTA
2. A hearing to consider the adoption of an updated Fire Inspection and Plan Review Fee Schedule.
Public comment may be submitted by emailing [email protected] by 5:00 p.m. on the date of the meeting or verbally at the hearing.
The meeting agenda, staff report, project documents, and ZOOM webinar information will be publicly available by 6:00 p.m. Friday, April 7, 2023 at www.ci.ceres.ca.us and at 2220 Magnolia Street, Ceres during regular business hours.
Any person who challenges this action in court may be limited to raising only those issues that they or someone else raised at the public hearing, or in written correspondence delivered to the City of Ceres at, or prior to, the public hearing.
Date Published: M arch 29, 2023
/s/ Fallon Martin, City Clerk
ITEM 12
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: April 10, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected] (209) 538-5778
SUBJECT:
Resolution No. 2023-45, Approving an Update and A mendment to the Fire Prevention User Fees for Plan Checks, Inspections, Permits, and Miscellaneous Activities
RECOMMENDED COUNCIL ACTION:
Staff recommends Council approve Resolution No. 2023- 45, to update and amend the Fire Prevention User Fees for plan checks, inspections, permits, and miscellaneous activities.
I. BACKG
ROUND:
The last time the Fire Prevention User Fees were updated was in 2011. Since then, the cost-of-service delivery has increased significantly. On July 13, 2021, the City Council entered into an agreement with Modesto Fire for the provision of fire related services, such as inspections, plan reviews, etc. Ceres pays Modesto Fire an annual fixed fee for fire protection and prevention services per said agreement.
The agreement states that “[Modesto Fire] shall provide plan review services of all development and building plans to ensure compliance with applicable fire and life safety codes and regulations, as well as inspection of fire protection and fire alarm systems for compliance with applicable codes and standards. Ceres shall collect and maintain fees for fire prevention services at rates that are identified in Ceres fire prevention rate schedule.”
The only Fire Prevention User Fee that is collected by Modesto Fire, instead of the City of Ceres, is for tests on field fire flows for fire protections system design. Section 4.4(N) of said agreement states that fees for such tests are paid to Modesto Fire.
II.
REASONS FOR RECOMMENDATION:
In order to more accurately r ecover the City’s costs in delivering services related to development, the Fire Prevention User Fees must be updated and increased. City staff and Modesto Fire staff assessed the various fee types and compared the existing Ceres ITEM 13
fees with the Modesto Fire fees. The assessment was then calculated using the frequency of the most common fee types and weighting the result. Based on the assessment, it can be reasonably predicted that additional revenue will result from the proposed fee update.
Staff recommends adopting the existing Modesto Fire fees for the following reasons:
1. Modesto Fire personnel are performing the inspections and plan reviews, so it is logical to emulate the Modesto Fire fees, which are based on the actual cost of work performed by Modesto Fire personnel.
2. Modesto Fire fee amounts are familiar and expected by local contractors. Using the same fees as Modesto Fire maintains local consistency and conformity. This will reduce the number of unknown or unfamiliar factors that developers contend with.
3. The expected increase in fees will lessen the burden of the contractual, fixed annual fee paid by Ceres to Modesto Fire.
4. The fee update includes annual cost of living adjustments, using 4th quarter figures of the Department of Labor’s Employee Cost Index -Compensation Component for State and Local Government.
III.
FISCAL IMPACTS:
The proposed Fire Prevention User Fee update is anticipated to increase revenues to more accurately recover costs associated with processing permits and inspections for development. Therefore, the fiscal impact to the City is expected to be positive.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
Livable Community:
Establish mechanisms and policies which ensure that impacts of development are paid for by the developer.
V. P OLICY ALTERNATIVES :
The Council could decide to not update the Fire Prevention User Fees . The fees would remain at their 2011 amounts.
VI. I
NTERDEPARTMENTAL COORDINATION:
City staff collaborated with Modesto Fire staff to coordinate this fee update.
VII. P
UBLIC PARTICIPATION:
The public is encouraged to provide input at the City Council meeting.
VIII. EN
VIRONMENTAL REVIEW :
N/A
IX. ST
EPS FOLLOWING APPROVAL :
City staff will begin implementing the new Fire Prevention User Fees.
ITEM 13
Approved by: ____________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution No. 2023-45
2. City of Ceres Fire Prevention Fees
3. Public Hearing Notice
ITEM 13
ITEM 13
RESOLUTION NO. 2023-45
APPROVING AN UPDATE AND AMENDMENT TO THE FIRE PREVENTION
USER FEES FOR PLAN CHECKS, INSPECTIONS, PERMITS AND
MISCELLANEOUS ACTIVITIES
WHEREAS, the City Council of the City of Ceres has adopted various resolutions authorizing the establishment of development user fees and non- development user fees; and
WHEREAS, Chapter 15.08 of the Ceres Municipal Code authorizes the City Council to establish the collection of fees for the issuance of fire prevention permits; and
WHEREAS, the current fire fees are outdated, particularly in light of the 2021 contract between the City of Ceres and Modesto Fire for the provision of fire services; and
WHEREAS, the City Council’s direction is for “full cost recovery” in as many cases as practicable; and
WHEREAS, development user fees and non- development user fees recover the cost of service delivery, primarily composed of staff time and services; and
WHEREAS, in order to achieve self -sustaining government services, fees must be adjusted periodically to reflect the actual cost of providing services; and
WHEREAS, staff conducted an internal review of both Fire Prevention development user fees and non-development user fees; and
WHEREAS, the formulation used to arrive at the proposed fee rates are based on the actual cost of work by Modesto Fire and follow s the same fee schedule as Modesto Fire; and
WHEREAS, staff recommends that existing Fire Prevention User Fees be rescinded and replaced with the proposed fees as shown in “Attachment 1”; and
WHEREAS, staff further recommends that all Fire Prevention User Fees include annual cost of living adjustments, using 4
th quarter figures of the
Department of Labor’s Employee Cost Index-Compensation Component for State and Local Government; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres approves an update and amendment to the Fire Prevention User Fees for plan checks, inspections, permits and miscellaneous activities.
ITEM 13
P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof 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 Goldstein, City Attorney
ITEM 13
Ci
ty of Ceres Fire Prevention Fees
Effective April 10, 2023, to June 30, 2023 – Fee increase occurs on July 1, 2023 and each July 1st thereafter. See end note.
Fire Prevention Fees Fee Per
Site Plan Review $168.00 Plan
Plan Check, Complete Building $148.00 1,000 sf
Plan Check, Shell Building $71.00 1,000 sf
Plan Check, Tenant Improvement $61.00 1,000 sf
Plan Check/Inspection, Storage Occupancies Only $105.00 hour *Deposit to be collected for PC and Inspection $2,042.00 Deposit Plan Check, Fire Alarm System $71.00 1,000 sf
Plan Check, Sprinkler System $71.00 1,000 sf
Engineered/Pre-Engineered Protection System $230.00 Plan Alternate Materials/Methods Evaluation $582.00 Plan
Incomplete or Changed Plans $152.00 Plan
Fire Alarm System Test and Inspection $190.00 Plan
Fire Sprinkler System Test and Inspection - New Commercial $534.00 Riser Fire Sprinkler System Test and Inspection - Tenant
Improvement
$504.00 Plan
Fire Sprinkler System Test and Inspection - Residential $342.00 Residenc e
Spray Booth Installation Permit $361.00 Each
Underground Tank Installation (First tank) $358.00 Each Underground Tank Installation (additional tanks) $36.00 Each Underground Tank Removal (First Tank) $433.00 Each
Underground Tank Removal (additional tanks) $36.00 Each Underground Tank Abandonment/Fill in Place (First tank) $352.00 Each Underground Tank Abandonment/Fill in Place (additional tanks) $36.00 Each Convault Tank Installation (First tank) $359.00 Each
Convault Tank Installation (additional tanks) $30.00 Each ITEM 13
Fire Prevention Fees
Fee Per
Field Fire (Water) Flow Test - *PAID DIRECTLY TO MODESTO FIRE
$203.00 Each
Hood and Duct System Installation $353.00 Each
Medical Gas System Installation $375.00 Each
On-Site Fire Main Test $496.00 Each
Re-Inspection (after 2x) $101.00 Inspectio
n
After hours inspection (first 3 hours, $74.67/hour after) $224.00 Inspectio n
Annual Apartment Inspection, 3-20 Units $129.00 Each
Annual Apartment Inspection, 21-60 Units $312.00 Each
Annual Apartment Inspection, 61+ Units $462.00 Each
Care Facility, Pre-Inspection (25 or Less) $201.00 Each Care Facility, Pre-Inspection (25 or More) $206.00 Each High Rise, Annual Inspection $105.00 Per Hour
Hospital Inspection $105.00 Per Hour
Jail, Annual Inspection $105.00 Per Hour
Place of Assembly/Annual Renewal $206.00 Each
Fire Safety Inspection Request/IBUS $239.00 Each
Fire Code Permit Inspection (OP Permit, Carnival, Haunt, Etc.) +Site Plan Fee
$239.00 Each
Tent Permit, 401 to 1500 sq. ft. *No permit req’d on tents 400 sq. ft. or less
$105.00 Each
Tent Permit 1501 to 15000 sq. ft. $136.00 Each
Tent Permit 15000 sq. ft. or more $256.00 Each
Mobile/Portable Vending Equipment (LPG, Propane) $73.00 Each Dance Permit, Initial $165.00 Each
Fireworks Stand $222.00 Each
Private Refueler Vehicle Permit $133.00 Each
Explosive Permit $492.00 Each
False Alarm Fee (for 3 or more calls in 12 months) $248.00 Each End Note: All Fire Prevention User Fees undergo annual cost of living adjustments, using 4th quarter figures of the Department of Labor’s Employee Cost Index-Compensation Component for State and Local Government. Please call Modesto Fire Prevention at 209-571-5553 with further questions.
ITEM 13
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct public hearings on Monday, April 10, 2023 beginning at 6:00 p.m., or soon thereafter, at the Ceres Community Center, 2701 Fourth Street, Ceres, California, and via the application ZOOM for the following projects:
1. A hearing to consider a Zoning Ordinance Text Amendment (ZOTA) to the Off - street Parking Standards in Chapter 18.25 of the Ceres Municipal Code to allow excess vehicular parking areas, beyond the minimum required, to be gravel surfaces with certain conditions.
Location: Citywide
Applicant: City of Ceres
CEQA: Exempt per Section 15061(b-3)
Application Number: 23-03 ZOTA
2. A hearing to consider the adoption of an updated Fire Inspection and Plan Review Fee Schedule.
Public comment may be submitted by emailing [email protected] by 5:00 p.m. on the date of the meeting or verbally at the hearing.
The meeting agenda, staff report, project documents, and ZOOM webinar information will be publicly available by 6:00 p.m. Friday, April 7, 2023 at www.ci.ceres.ca.us and at 2220 Magnolia Street, Ceres during regular business hours.
Any person who challenges this action in court may be limited to raising only those issues that they or someone else raised at the public hearing, or in written correspondence delivered to the City of Ceres at, or prior to, the public hearing.
Date Published: M arch 29, 2023
/s/ Fallon Martin, City Clerk
ITEM 13
ITEM 13
COUNCIL AGENDA REPORT
MEETING DATE: April 10, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Leticia Dias, Finance Director
Leticia [email protected], (209) 538-5764
SUBJECT: Discussion Regarding City Revenues
RECOMMENDED COUNCIL ACTION:
The pu rpose of this agenda item is to p rovide the City Council with an over view of City finances, revenue raising opportunities and unfunded and/or deferred maintenance needs.
Staff will pr ovide a presentation regarding these topics and the Ci ty Council will have the opportunity to provide direction to staff.
I. BACKGROUND:
The City of Ceres provides a vast array of municipal services to residents and businesses. These services include Public Safety (Police and Fire), Parks and Recreation, Streets, Sewer, Water, and Refuse Disposal, along with administrative services. The City relies on a var iety of revenues in order to pay for such services.
This discussion item will provide a basic overv iew of the sources of revenue received by the City.
CURRENT FINANCIAL POSITION
The City ’s budget for fiscal year 2022 -2023 is $85 million across all funds. The City’s General Fund budget for fiscal year 2022 -2023 is $27 million with estimated reserves of $6.7 million or 24.8%. Council has previously set a minimum reserve limit of 18%.
FUND TYPES
The City finances are split amongst the various funds of the City:
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 14
The General Fund is th e primary operating fund and is used to account for all revenues an d expenditures except those legally or adminis tratively required to be accounted for in other funds. The General Fund has a fund balance of $6,775,720.
Expenditures are beginning to be in line with revenues. However, a downturn in the economy could impact this.
Enterprise funds (Water and Se wer Fund) are established to account for the total costs of providing Water and Sewer services and are funded by the rates charged to the residents and busine sses. Rate studies are condu cted to determine that the charges for water and sewer services are sufficient to cover the cost of the services.
The last Water rate study was conducted in 2017 and the last Sewer rate study was conducted in 2013. The Water Fund has a fund balance of $42,312,430. The Sewer Fund has a fund balance of $23,289,589.
Special Revenue funds are used when there is a need to provide separate reporting of revenues that are restricted to expenditures fo r a specific purpose. Measure H and Measure L are examples of Special Revenue funds, along with the Community Facilities District fund and the Landscape and Lighting District fund.
REVENUE SOURCES
Revenue collected by the City comes from various sources. The largest source of City revenue comes from t axes, consisting of Property Tax, Sales Tax, Utility Users Tax or Transi ent Occupancy Ta x. Other revenue s ources include Use r fees, Development Impact Fees, Community Facility District Fees and Landscape and Lighting District Fees. The City also receives funding from Federal and State grants.
Property Tax es are an ad valorem tax imposed on real property and tangible personal property. The annual tax rate is 1% of assessed valu e. Assessed value is capped at the 1975 -76 base year value plus the change in CPI or 2%, whichever is less. The assessed value of real property is reassessed to full current value anytime there is a change in ownership.
The current Sales Tax rate in the City of Ceres is 8.375%. The City ’s General Fund receives 1% of the Sales Tax collected and Measure H and Measure L receive ½% each, of the Sales Tax collected. Sales Tax rates may be increased by a G eneral Tax Measure, which would require a majority vote approval , or by a Special Tax Measure, which would require a two-thirds voter approval.
The City has had a Utility Users Tax rate of 3% since 1998. The UUT is imposed on monthly telephone, cable, e lectrical and natural gas services. Based on Prop 218, an increase to the UUT would require a majority vote approval.
Transient Occupan cy Tax is a ge neral tax imposed on t he oc cupants of a hotel/motel. The current TOT rate is 10%. This rate was approve d by a majority vote in 2016.
ITEM 14
Measure H revenues are collected from a one -half cent Transactions and Use Tax approved by the voters in 2007 and are used to fund addi tional Police and Fire personnel and equipment costs.
Measure L revenues are collected fr om a one-half cent Transactions and Use Tax approved by Stanislaus County voters in 2016 and is used solely for transportation projects.
User Fees are fees paid to the C ity by the person receiving a particular public service. The amount charged for the service is limited to the estimated reasonable cost of providing the servi ce, including overhead. The estimated rea sonable cost is usually determined by condu cting a fe e s tudy to calculate labor, mat erials, and indirect expense cost s to provide the servi ce. Examples of user fees include park rentals, recreation programs, report c opies, Plan check review, Zoning review and Business License application fees. The last fee st udy was conducted in 2002. The City may want to consider c onducting a fee study to ensure that the entire cost of providing services is being captured.
The Cit y also charges Development Impact Fees. Th ese fees are imposed on developers to compensate for new demands on public resou rces resulting from the development of land and prop erty. Examples of public facilities that have been supported by development impact fees include streets, traffic control devices, recreation facilities and public safety fa cilities. The last Nexus study was conducted in 2008. The City may want to con sider con ducting a study to ensure that the Impact fees being charged are sufficient to cover the demands on the public resources.
The City currently has two Community Facilities Districts formed in 2002 and 2006 to finance public capital facilities and se rvices. The revenues collected from the CFD tax are used to financ e the purchas e, construction, improvement, expansion or rehabilitation of an y real or tangible property with an estimated useful life of fi ve or more years. The maximum assessment of the CFD tax may be increased by the annual percentage increase in the CPI, not to excee d 4%, and is assessed annually on the property tax roll.
The City ’s Landscape and Lighting District was formed in 1987 to fund improvements to street lighting, street trees an d the lan dscaping on the exterior of access control fencing. The maximum assessment may be increased up to the actual cost increase or the annual percenta ge increase in th e CPI , whichever is lower and is assessed on the property tax roll.
UNFUNDED/DEFERRED MAINTENANCE NEEDS
In 1995, the City adopted a Storm Drain Study and Master Plan, and in subsequent years there have been multiple project specific planning documents which address deficiencies and growth induced improvements to the City ’s storm drain facilities .
The existing storm drain infrastructure in Ceres is comprised of several sub-systems with retention basins and stormwater lift stations. D isposal of collect ed stormwater ITEM 14
is either by percolation or discharge to TID canals by agreement, and three locations to the Tuolumne River.
The Storm Drain Master Plan, that will be presented at a future Council meeting , will evaluate the existing storm drain systems an d develop a 10-year Capital Improvement Program for implementing the Storm Drain Plan recommendations.
The General Fund , unless an alternative sou rce is identified, will bear the cost o f these future projects, estimated to be $52M.
II. REASONS FOR RECOMMENDATION:
N/A
III. FISCAL IMPACTS:
There is currently no fiscal impact, however, if it is decided that a Rate study or User Fee study is needed, a Request for Proposal will be needed to determine the cost of the study. This will be brought before Council for their approval.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
Government operations: Provide quality ser vices to meet community needs , assuring that the City has help ful, well trained, properly equipped staff who partners with the community to provide efficient services.
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVL:
N/A
Approved by: ___________________________
Alex Terrazas, City Manager
ITEM 14