AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, July 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); Rosalinda L. Vierra (District 2); Daniel A.
Martinez (District 4)
INVOCATION
Invocation by Chris Henry, Valley Christian Center.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.
Click this link to join the webinar:
https://us02web.zoom.us/j/83628108558?pwd=UHpQWUJ1Y1MxYzR6bXl3eUMyRUQzUT09
Webinar ID: 836 2810 8558; Passcode: 933571; 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
July 10, 2023
PRESENTATIONS
None
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non -agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are e ntitled to address the City Council on any agenda item subject to the 5-minute provision.
APPOINTMENTS TO BOARDS/COMMISSIONS
A. Council Designation of a Voting Delegate to Represent the City of Ceres at the League of California Cities’ 2023 Annual Conference.
CONFLICT OF INTEREST DECLARATION
CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Councilmember or public for special consideration.
Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.
1. Clerks Report of Posting. The agenda of the July 10, 2023 City Council Meeting was Posted on Monday, July 3, 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. Register of Audited Demand(s) Dated June 14, 2023 through June 21, 2023. (Dias)
4. Resolution No. 2023 -XXX, Authorizing the Interim City Manager to Approve a Purchase Order with Stiles Truck Body and Equipment for the Streets Division’s Bucket Truck Body Retrofitting. (Royal)
5. Resolution No. 2023 -XXX, Approving Amendment No. 1 to Stanislaus Animal Services Agency Joint Powers Agency (SASA JPA) Agreement. (City Manager)
6. Waiver of Second Reading and Adoption of Ordinance No. 2023 -XXX, An Ordinance of the City Council of the City of Ceres Amending Chapter 8, California Fire Code, of Title 15, Buildings and Construction, and Chapter 20 Fireworks Sales, of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Adopt the 2022 California Fire Code. (Wise)
AGENDA
Regular City Council Meeting
July 10, 2023
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
None
PUBLIC HEARING
7. Ordinance No. 2023 -XXX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend the Regulations Related to Food Trucks. (Hoem)
8. Resolution No. 2023-XXX, Ordering the Levy and Collection of Special Taxes for Fiscal Year 2023/24 within the City of Ceres Community Facilities District No. 1 (Public Services). (Waugh)
This public hearing will be continued to the July 24, 2023 Regular City Council Meeting.
9. Resolution No. 2023-XXX, Ordering the Levy and Collection of Special Taxes for Fiscal Year 2023/24 within the Ci ty of Ceres Community Facilities District No. 2 (Public Services). (Waugh)
This public hearing will be continued to the July 24, 2023 Regular City Council Meeting.
NEW BUSINESS
None
DISCUSSION ITEMS
None
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).
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
AGENDA
Regular City Council Meeting
July 10, 2023
CLOSED SESSION
10. Public Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Manager
11. Conference with Legal Counsel – Anticipated Litigation , Initiation of Litigation Pursuant to Cal. Gov. Code §54956.9(d): One (1) potential case
REPORT FROM CLOSED SESSION
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on July 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 public review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.
Related Materials:
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538 - 5731.
Notice regarding Americans with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538 - 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).
AFFIDAVIT OF POSTING
I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for th e Regular City Council Meeting was posted on Monday, July 3, 2023, at the following locations in Ceres:
• Community Center Display Case – 2701 Fourth Street
__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk
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: July 10, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Council Designation of a Voting Delegate to Represent the City of Ceres at the League of California Cities’ 2023 Annual Conference RECOMMENDED COUNCIL ACTION:
Council designation of a voting delegate to represent the City of Ceres that the League of California Cities’ 2023 Annual Conference.
I. BACKGROUND:
The League of California Cities (League) is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so they may influence policy decisions that affect cities.
Founded in 1898, the League is a member organization that represents California’s incorporated cities. The League strives to protect the authority and autonomy of city government and help California’s cities effectively serve their residents.
The League has eight standing policy committees which make recommendations to the Board of Directors on legislation, new policy guidelines, and key i ssues impacting cities.
The committees are composed of elected and appointed city officials throughout the state of California.
II. REASONS FOR RECOMMENDATION:
Each y ear the League holds an annual conference. This year’s annual conference is scheduled for September 20-22, 2023 in Sacramento. An important part of the annual conference is the General Assembly Meeting which is where the membership considers and takes actio n on resolutions that establish League policy. The General Assembly Meeting is scheduled for Friday, September 22, 2023. To vote at the General Assembly Meeting, the City Council must, by formal Council action, designate a voting delegate. In ITEM A
the event the designated voting delegate is unable to serve in that capacity, Council may appoint up to two alternate voting delegates. The voting delegate and alternates must be registered to attend the conference. At least one must be present at the General Assembly Meeting and in possession of the voting card to cast a vote.
III. FISCAL IMPACTS:
There is no fiscal impact associated with the recommended Council action.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
The City Clerk will complete and submit the 2023 Annual Conference Voting Delegate/Alternate Form and forward to the League of California Cities.
Approved by: ______________________
Douglas D. Dunford
Interim City Manager
Attachments:
1. Attachment A – Designation of Voting Delegates and Alternates
2. Attachment B – Annual Conference Voting Procedures
3. Attachment C – 2023 Annual Conference Voting Delegate/Alternate Form ITEM A
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.
New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.
Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Council Action Advised by August 28, 2023
ATTACHMENT A
ITEM A
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:
Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].
Attachments:
General Assembly Voting Guidelines
Voting Delegate/Alternate Form
Information Sheet: Cal Cities Resolutions and the General Assembly ITEM A
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote.Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative.Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee.The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
ATTACHMENT B
ITEM A
ITEM A
CITY: ________________________________________
2023 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _______________________________
Email: ______________________________
3. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
ATTACHMENT C
ITEM A
ITEM A
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
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: Monday, July 10, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT:
Resolution No. 202 3-XXX, Authorizing the Interim City Manager to Approve a Purchase Order with Stiles Truck Body and Equipment for the Streets Division’s Bucket Truck Body Retrofitting RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council authorize the City Manager to approve a purchase order with Stiles Truck Body and Equipment to retrofit a truck body to the Street Division’s Bucket Truck chassis.
I. BACKGROUND:
During the annual budget process, the Fleet Replacement fund collects monie s from all City Departments for the replacement of aging vehicles. In 2021 council approved the purchase of a replacement bucket truck for the Streets Division vehicle 20 -226-09 and purchase order #22200321 was opened with Rush Truck Centers.
II. REASONS FOR RECOMMENDATION:
After it became apparent that Rush was not going to be able to fulfil the order for the vehicle as quoted due to ongoing supply chain issues during the height of the COVID-19 pandemic, Fleet was able to purchase just the chassis instead, using only a portion of the purchase order.
The invoice paid to Rush Truck for the F550 truck chassis totaled $77,076.14 from which the original PO was for $136,020.93 . This has left $58,944.79 available for the approved purchase. The quote for the utility/boom body retrofit from Stiles is $26,947.99 for a potential grand total of $104,024.13 and an overall savings of $31,996.80 from the original quote by reusing an existing body/boom utility box. Stiles was the original seller/installer of truck body.
ITEM 4
Upon approval, staff will disencumber the remainder of PO #22200321 with Rush Truck and open a purchase order with Stiles to proceed with the purchase.
III. FISCAL IMPACTS:
The necessary funds have already been collected via the fleet replacement Program Fund 610.20.0511 and encumbered to PO #22200321. After disencumbering PO #22200321, the funds will be made available again.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This purchase is within the Government Operations section of the Strategic Plan to “Provide quality services to meet community needs, assuring that the City has helpful, well- trained, properly equipped and sufficient staff who partners with other public agencies to provide efficient services.”
V. POLICY ALTERNATIVES:
Should Council decide not to approve the purchase, the truck body will sit, unused, and aging, while the partial chassis does the same.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon Council approval, the Interim City Manager shall execute the purchase order.
Approved by: _____________________
Douglas D. Dunford
Interim City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Quote
3. Attachment C – Original Purchase Order #22200321
ITEM 4
ATTACHMENT A
RESOLUTION NO. 2023-XXX
AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE A
PURCHASE ORDER WITH STILES TRUCK BODY AND EQUIPMENT
FOR THE STREETS DIVISION’S BUCKET TRUCK BODY
RETROFITTING
THE CITY COUNCIL
City of Ceres
WHEREAS, the Fleet Replacement fund collects monies from all City Departments for the replacement of aging vehicles; and
WHEREAS, in 2021 Council approved the purchase of a replacement bucket truck for the Streets Division Bucket Truck and a purchase order with Rush Truck Centers was opened; and
WHEREAS, it became apparent shortly thereafter that Rush was not able to fulfill the order as quoted due to ongoing supply chain issues due to the COVID -19 pandemic and Fleet purchased the replacement chassis alone instead; and
WHEREAS, by reusing an existing body/boom utility box, Fleet obtained a quote for $26,947.99 from Stiles Truck Body and Equipment for the retrofit to complete the truck with a cost savings of $31,996.80 from the original Rush quote; and
WHEREAS, staff will disencumber the balance on the original purchase order #22200321 with Rush and funds will be made available again, causing no additional fiscal impact, before opening a new purchase order with Stiles for $26,947.99 from account 610.20.051100.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the Interim City Manager to approve a purchase order with Stiles Truck Body and Equipment for the Streets Division’s bucket truck body retrofitting.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 10th day of July 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 4
ITEM 4
ATTACHMENT B
ITEM 4
ITEM 4
Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Ship To
VENDOR PHONE NUMBER REQUISITION NUMBERVENDOR NUMBERVENDOR FAX NUMBER DELIVERY REFERENCEBUYER NAME NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE GL #:
Approver Name: Approval Date:
Purchase Order
3480
RUSH TRUCK CENTERS OF CALIFORNIA, INC.
1720 HERNDON RD
CERES, CA 95307
FLEET MAINTENANCE SHOP
3420 HAROLD ST
CERES, CA 95307
SHOP
22200321
EQUIPMENT
09/13/2021
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES, AND SHIPPING PAPERS.
Instructions
FLEET MAINTENANCE SHOP
3420 HAROLD ST
CERES, CA 95307
SHOP
City of Ceres
2220 Magnolia Street
Ceres, CA 95307…
209-541-3673 122003303480 Olga Mendoza
1.0000 EACH $136,020.9300 $136,020.932022 FORD F550 BUCKET TRUCK STS (REPLACING STREETS # 2022609)1 61020 - 051100 $136,020.93
Purchase Order Total
Total Ext. Price $136,020.93
$136,020.93
This Purchase order has been approved by the purchasing agent. The Finance audit for this Purchase Order has been completed.
Olga Mendoza 09/08/2021
Purchasing Copy
ATTACHMENT C
ITEM 4
ITEM 4
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 10, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Resolution No. 202 3-XXX, Approving Amendment No. 1 to Stanislaus Animal Services Agency Join t Powers Agency (SASA JPA) Agreement
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve Amendment No. 1 to Stanislaus Animal Services Agency Joint Powers Agency (SASA JPA) Agreement.
I. BACKGROUND:
On October 27, 2009, the cities of Ceres, Hughson, Modesto, Patterson, Waterford and the County of Stanislaus entered into a JPA agreement as it related to providing animal control/care services. At the time of the formation of SASA JPA, the personnel, leg al representation and budgeting aspect of the agency followed County of Stanislaus rules and regulations while all other aspects, such as purchasing, followed the City of Modesto.
As time has gone by, the bidirectional aspect of the Agency rules and regula tions has caused confusion and has become problematic at times with having to redo certain actions.
Therefore, SASA JPA recommended and the SASA Board approved a JPA Amendment to adopt the County of Stanislaus rules and regulations in all aspects.
II. REASONS FOR RECOMMENDATION:
To formally approve the amendment, a 2/3 majority of the JPA membership must approve the amendment. Staff has reviewed the amendment and recommends the City Council approve Amendment #1 to the JPA Agreement.
III. FISCAL IMPACTS:
N/A
ITEM 5
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Once approved by council, staff will provide a copy of the resolution to SASA showing the amendment to the agreement was approved.
Approved by: ____________________
Douglas D. Dunford
Interim City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – SASA Board Agenda Item
3. Attachment C – SASA Board Minutes approving Amendment #1 ITEM 5
ATTACHMENT A
RESOLUTION NO. 2023-XXX
APPROVING AMENDMENT NO. 1 TO STANISLAUS ANIMAL
SERVICES AGENCY JOINT POWERS AGENCY (SASA JPA)
AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, on October 27, 2009, the cities of Ceres, Hughson, Modesto, Patterson, Waterford and the County of Stanislaus entered into a JPA agreement as it related to providing animal control/care services; and
WHEREAS, At the time of the formation of SASA JPA, the personnel, legal representation and budgeting aspect of the agency followed County of Stanislaus rules and regulations while all other aspects, such as purchasing, followed the City of Modesto; and
WHEREAS, the bidirectional aspect of the Agency rules and regulations has caused confusion and has become problematic at times with having to redo certain actions; and
WHEREAS, SASA JPA recommended and the SASA Board approved a JPA Amendment to adopt the County of Stanislaus rules and regulations in all aspects; and
WHEREAS, to formally approve the amendment, a 2/3 majority of the JPA membership must approve the amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve Amendment No. 1 to Stanislaus Animal Services Agency Joint Powers Agency (SASA JPA) Agreement.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 10th day of July 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 5
ITEM 5
STAN
ISLAUS ANIMAL SERVICES AGENCY
ACTION AGENDA SUMMARY
AGENDA DATE: May 18, 2023 AGENDA #: 7-D
SUBJ
ECT:
Purc
hasing/contracting
__________________________________________________________________________________________________ DIS
CUSSION:
On March 16, 2023, the JPA Board voted to direct staff to bring a draft amendment to section 3.3 of the Stanislaus Animal Services Agency Joint Powers Agency (SASA JPA) Agreement, with respect to the Agency’s manner of exercising its powers currently subject to the restrictions applicable to the City of Modesto being replaced by restrictions applicable to the County of Stanislaus, after considering the proposed change. A proposed draft amendment is being presented to the Agency Board to consider and recommend for approval to the six parties forming the JPA. __________________________________________________________________________________________________ STAFF RECOMMENDATION:
Consider and recommend for approval to the six parties forming the Stanislaus Animal Services Agency the following proposed draft amendment to the Stanislaus Animal Services Agency Joint Powers Agency (SASA JPA) Agreement, with respect to the Agency’s manner of exercising its powers currently subject to the restrictions applicable to the City of Modesto being replaced by restrictions applicable to the County of Stanislaus. __________________________________________________________________________________________________ FISCAL IMPACT:
No fis
cal impact.
__________________________________________________________________________________________________ AGENCY BOARD ACTION:
On m
otion of: City of Hughson; Seconded by: County of Stanislaus and approved by the following vote:
Ayes: 4
Noes: 0
Excused or Absent: City of Patterson and City of Ceres Abstaining:
1) X Ap
proved as recommended.
2) Denied.
3) Approved as amended.
Mot
ion: Approved
ATTACHMENT B
ITEM 5
(PROPOSED DRAFT) FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
This First Amendment to the Stanislaus Animal Services Agency Joint Powers Agency Agreement (“Agreement”) dated October 27, 2009 by and between the cities of Ceres, Hughson, Modesto, Patterson, Waterford and the County of Stanislaus, (“County”), hereinafter referred to as “Parties”, is made and entered into and will be effective as of the date approved by 2/3 majority of the parties to the agreement.
WHEREAS section 3.3 of the Agreement, states in part that pursuant to Government Code section 6509, the Agency’s manner of exercising such powers shall be subject to those restrictions applicable to the City of Modesto;
WHEREAS the Stanislaus Animal Services Agency Board ( “Board”) has voted that this proposed draft amendment be brought before the Parties to the effect that the Agency’s manner of exercising its powers currently subject to the restrictions applicable to the City of Modesto be replaced by restrictions applicable to the County of Stanislaus;
WHEREAS this Amendment is for the benefit of the Joint Powers Agency; WHEREAS Section 6.11 of the Agreement allows the parties to amend the Agreement upon mutual consent of a 2/3 majority of the parties to the Agreement provided the amendment is in written form and executed with the same formalities as the Agreement and attached to the original Agreement to maintain continuity;
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. Section 3.3 of the Agreement is hereby deleted in its entirety and replaced by the following:
3.3 Powers and Functions. The Agency shall have the common power of the Member Agencies to plan, establish and exercise all government functions necessary to provide animal services for the benefit of the Member Agencies. Pursuant to Government Code Section 6509, the Agency's manner of exercising such powers shall be subject to those restrictions applicable to the County of Stanislaus. The Agency Board is authorized to do the following in the name of the Agency:
(a) E mploy an Executive Director as the chief administrative officer of the Agency. (b) Employ agents and employees and contract for professional services and employee services from another public agency. The Agency Board may appoint sufficient personnel to act in a staff capacity for the Agency, which may include staff from Member Agencies and may hire and retain consultants, Personal Services Contractors, and others, as determined to be necessary to accomplish the purposes of this Agreement.
(c) Make and enter into contracts authorized in the Agency budget. (d) Acquire, hold and convey real and personal property, including leasehold interests, and exercise the power to acquire real property by eminent domain.
(e) Cooperate with other agencies, counties and other local public and non profit groups or private agencies and participate in joint projects as necessary. (f) Incur debts, obligations and liabilities, which shall be the sole responsibility of Agency and shall not be a debt, obligation or liability of Member Agencies.
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(g) Accept contributions, grants or loans from any public or private agency or individual, or the United States, the State of California or any department, instrumentality or agency thereof, for the purposes of financing its activities.
(h) Sue and be sued, in its own name only, but not in the name or stead of any Member Agency. (i) Adopt Bylaws to govern or regulate the conduct of meetings, designate Agency officers, and other affairs of the Agency not otherwise specified in this Agreement. (j) Do all other acts reasonable and necessary to carry out the purposes of this agreement.
2. All other terms and conditions of the Agreement shall remain in full force and effect to the extent they are not in conflict with this Amendment.
3. The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.
IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Amendment No. 1, to be effective as of the date approved by 2/3 majority of the parties to the agreement.
- Signatures on Following Pages-
(PROPOSED DRAFT) FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
COUNTY OF STANISLAUS
By ______________________________
Jody Hayes, Chief Executive Officer
County of Stanislaus, State of California
ITEM 5
Attest:
By: ______________________
Clerk of the Board
Approved as to Form:
County Counsel, Thomas E. Boze
By: _______________________________
(PROPOSED DRAFT) FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
CITY OF CERES
By: _____________________
Mayor
Attest:
By: ______________________
City Clerk
ITEM 5
Approved as to Form:
By:________________________
City Attorney
(PROPOSED DRAFT) FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
CITY OF HUGHSON
By: _____________________
Mayor
Attest:
By: ______________________
City Clerk
Approved as to Form:
ITEM 5
By:________________________
City Attorney
(PROPOSED DRAFT) FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
CITY OF WATERFORD
By: _____________________
Mayor
Attest:
By: ______________________
City Clerk
Approved as to Form:
By:________________________
City Attorney
ITEM 5
(PROPOSED DRAFT) FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
CITY OF PATTERSON
By: _____________________
Mayor
Attest:
By: ______________________
City Clerk
Approved as to Form:
By:________________________
City Attorney
ITEM 5
(PROPOSED DRAFT) FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
CITY OF MODESTO
By: _____________________
Mayor
Attest:
By: ______________________
City Clerk
Approved as to Form:
By:________________________
City Attorney
ITEM 5
THE GOVERNING BOARD
OF THE JOINT POWERS AGENCY OF THE
STANISLAUS ANIMAL SERVICES AGENCY (SASA)
Meeting Minutes
Regular Meeting Thursday May 18, 2023
Members Present:
Michael Pitcock, City of Waterford-Chair – Present
Allison Van Guild, City of Modesto – Present
Jewel Warr, Alternate for Stanislaus County – Present
Merry Mayhew, City of Hughson – Present
Ken Irwin, City of Patterson – Absent
Doug Dunford, City of Ceres – Absent
Staff Present:
Sweena Pannu, Deputy County Counsel
Vaughn Maurice, Executive Director
Brian Sterkeson, Business Manager
Megan Morriss, Confidential Assistant
Jennifer Smith, Volunteer Supervisor
Regina Menezes, Manager Consultant
Guests and Dignitaries: None
The meeting was called to order at 9:00am by Chair, Mike Pitcock.
1. Welcome: Mike Pitcock-Introductions
2. Roll Call (Silent): See above
3. Presentations:
A. SASA Volunteer program presentation:
Supervisor Jennifer Smith introduced herself to the Board and asked them to prepare for some volunteer program bragging. When Covid hit our volunteer numbers took a hit and we are in the beginning stages of rebuilding our volunteer numbers. What is a volunteer? What do they provide? Volunteers are community members who volunteer their time to help SASA animals. Animal interaction results in healthier moods for the animals, a proven immune boost from volunteer interactions and less tension and results in healthier animals. For FY 22-23 we currently have 89 volunteers compared to 66 the year prior. We are streamlining our volunteer processes to make their time here more efficient. We have
ATTACHMENT C
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fine tuned jobs they do here to include grooming, animal fosters, and transport of animals to rescues.
Our FETCH program has been restarted with less participants, but we are working on building back this program. We have food pantry volunteers who give out donated animal food out in the community. In the past we have seen some owner surrender animals because they can’t afford to feed them. This volunteer program hopes to divert those owner surrender dogs. We also have some student/school volunteers.
In the future we hope to have volunteers fixing fences to prevent animals from ending up here. Have our own volunteer diversion program.
Woofstock (which was Vaughn’s idea) would be a future event we would like to have. Another big future event is the Adopt-a-Palooza which gets us back out in the community.
No public comment on this presentation.
4. Public Comment Period (Limit of 5 minutes per person):
A. Nancy Klein-Stanislaus County resident. Has spent many hours and years at SASA. She has attended many of the past meetings. Has been a volunteer with City of Los Banos for 1 ½ years. She is a member of the Rescue Support Team which is made up of volunteers of rescue groups. Their job is to evaluate animals and market them to different rescues. They do this with dozens of dogs per month. She likes to stay quietly engaged and to see what’s going on at SASA. This agenda piqued her curiosity. She did miss the volunteer presentation. She would like to see this meeting in the evening as people are at work and cannot attend. The pandemic of Covid had a big impact on dogs. We now are seeing Covid returns, financial concerns, spay/neuter concerns.
Education in the community is critical. Rescue Coordinator, Chandra Looney is doing a great job.
5. Minutes of Previous Meetings:
A. Motion to approve the Agency Board Meeting Minutes from April 20, 2023 (County of Stanislaus/City of Hughson; 4-0)
B. Motion to approve the Agency Special Board Meeting Minutes from April 20, 2023 (County of Stanislaus/City of Hughson; 4-0)
6. Correspondence: None
7. New Business:
A. Motion to approve item 7A-2023-2024 Fiscal Year Promotions. (City of Hughson/County of Stanislaus; 4-0)
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B. Motion to approve item 7B-Accept $15,000 grant from the Prevention of Animal Homelessness and Cruelty Voluntary Tax Contribution fund for public spay/neuters. (County of Stanislaus/City of Hughson; 4-0) C. Motion to approve item 7C-Accept $60,000 grant from Petco Love to enhance our transport program capabilities. (County of Stanislaus/City of Hughson; 4-0)
D. Motion to approve item 7D-Authorize an amendment to the SASA JPA Agreement with respect to the Agency’s manner of exercising its powers currently subject to the restrictions applicable to the City of Modesto being replaced by restrictions applicable to the County of Stanislaus. (City of Hughson/County of Stanislaus; 4-0)
E. Motion to approve item 7E-Accept a grant that creates a joint venture between SASA and Community Animal Medicine Project (CAMP) funded through a grant provided by UC Davis Koret Shelter Medicine Program to provide surgical and clinical techniques in high quality high volume spay/neuter surgery. (City of Hughson/County of Stanislaus; 4-0) F. Motion to approve item 7F-Accept a $40,000 grant for clinic equipment from the California Animal Welfare Funders Collaborative via UC Davis. (County of Stanislaus/City of Modesto; 4-0)
G. Motion to approve item 7G-Adopt the recommended budget for fiscal year 2023-2024. (County of Stanislaus/City of Waterford; 4-0)
8. Committee Reports:
A. Executive Director report:
i. Interesting and fun statistics about the shelter. We are receiving 20 animals per day, 7 days per week. Our Field Services has a high call volume at 717 calls. Last year we had 500 calls. Huge difference and the same number of staff responding to the calls. ii. Social Media report. We leveled out between March and April but still doing fantastic in reaching people in our community. iii. Intake is on a downward trend. Year to date is 2171 animals so far. Dogs in the shelter monthly average is consistent over the last couple of months. We are at a little over 250 dogs. 188 dogs is our max capacity. Puppies have been adding a lot of animals to our numbers. Good news is we are not where we were at this time in summer of 2021. Average length of stay, not a lot of trending to show. The chart shows the last two years, after Covid. Cats and puppies show a downward trend-relatively stable. No trend sticks out for length of stay. If we can get the length of stay down a few days for dogs and 5-6 days for cats, we would be happy with that. Unfortunately, we are a long way from that. We are in crisis mode.
iv. On dog intakes specifically-dogs are the biggest problem. You can see from April of 2022 to April of 2023, a huge jump from ITEM 5
500 to 700 dogs coming in. Adoptions have been stable. This is not too bad. Nationwide adoptions are down 7% but we are not experiencing that here. We are maintaining.
v. Transport and rescue partners have really saved us. 109 animals go out last April and 137 animals went out this April.
They really stepped up. Comparing 2022 to 2023, our rescue and transports are up considerably. Adoptions remain stable.
We are better than the California average.
vi. Dog intakes is showing an increase. When we look at the 3-year trend on dog intakes, it’s really a bad picture. We are in crisis mode-no exaggeration. On track as of May 1st to have 4785 dogs this year. Last year was only 4000 dogs and the year before that was below 4000 dogs. A lot of animals we are dealing with. We are managing. We have great staff that has done an admiral job with the resources we have.
vii. Staffing-we are not quite fully staffed anymore which is disappointing. One cool statistic, employee turnover rate was 30% this time last year and this year it is 15%. A 50% reduction in employee turnover. A lot of things contribute to that including the County’s bonus and retention program. I’d like to think that our Senior Management team has put a lot of effort into team development, team building and having thoughtful staff meetings.
Also, we have sat down with each staff member individually which is a great way to build up staff development. This promotes that each staff member is a valuable team member.
We regularly talk with staff members which helps build staff morale.
viii. Fun shelter promotions-Graphics we did for half off promotion were successful. We also did a fun spring-cleaning event. 100 dog and cat adoptions were gifted to us by Kelcie Costa to make that event possible. We also did an event at the Flea Market on Crowslanding road to reach our Spanish speaking citizens. We are trying to be more diverse. We had a free booth at the flea market on Cinco de Mayo. Lots of citizens came up to our booth with questions. We did outreach and free adoptions.
ix. Licensing has really picked up. Quite a few more people doing licensing which is good. We are very happy with that.
x. Question on the price of dog adoptions. Average cost to adopt a dog is $100 in our service area and $120 outside our service area.
No public comment on the Executive Director report.
9. Informational: None
10. Member Referrals: None
11. Closed Session: None
ITEM 5
12. Adjournment: Adjourned meeting at 10:25am (County of Stanislaus/City of Hughson; 4-0)
Adjourned: 10:25am
ATTESTED: Megan Morriss, Confidential Assistant
of the Governing Board
of the Joint Powers Agency
of the Stanislaus Animal Services Agency
State of California
ITEM 5
ITEM 5
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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: July 10, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Darin Jesberg, Deputy Fire Chief
[email protected], (209) 577-9139
SUBJECT:
Waiver of Second Reading and Adoption of Ordinance No. 2023 - XXX, An Ordinance of the City Council of the City of Ceres Amending Chapter 8, California Fire Code, of Title 15, Buildings and Construction, and Chapter 20 Fireworks Sales, of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Adopt the 2022 California Fire Code
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt Ordinance No. 2023 -XXX, reading by title only and waiving further reading, to amend Chapter 8, California Fire Code, of Title 15 , Buildings and Construction, and Chapter 20, Fireworks Sales, of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to adopt the 2022 California Fire Code.
I. BACKGROUND:
The California Building Standards Commission ( “CBSC”) adopted the California Fire Code (“CFC”) in July 2022. This code was designed and promulgated to be adopted by ordinance by local jurisdictions as an enforceable set of regulations for safeguarding life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances and materials and from conditions hazardous to life or property in the occupancy of buildings and premises.
II. REASONS FOR RECOMMENDATION:
The CFC establishes the minimum fire and life safety requirements for the State of California and is automatically adopted by state law. I t is reviewed and updated every three years. In addition, each local jurisdiction must adopt rules and requirements for administering the CFC. Local jurisdictions may also adopt by ordinance any amendments that are reasonably necessary to implement the CFC within their jurisdiction, taking into account local climatic, geological, or topographical conditions. Additionally, the 2022 ITEM 6
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updates to the CFC provide a more unified administration as it applies to inspection and plan check of construction projects in the City of Ceres. The updated CFC allows for the use of the latest technologies, materials, and methods allowed by the State of California and the International Code Community.
The proposed Ordinance will amend Ceres Municipal Code (“CMC”) to bring the CMC up to date with the latest revisions to the CFC that were made in 2022. The amendments will affect sections within Chapter 8, “California Fire Code” of Title 15, “Buildings and Construction” of the CMC, as well as Chapter 20 “Fireworks Sales” of Title 5, “Business Licenses and Regulations,” of the CMC, and will reflect the most recent rules and regulations regarding the sales, distribution, storage, and handling of fireworks in the City.
III. FISCAL IMPACTS:
No fiscal impact is anticipated.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
The City Council’s options regarding Ordinance 2023-XXX include:
1. Motion to introduce Ordinance 2023-XXX for first reading;
2. Continue introduction of Ordinance 2023-XXX for a first reading to another regular City Council meeting with changes or revisions as provided by the City Council;
3. Reject the introduction of Ordinance 2023-XXX for first reading.
V. INTERDEPARTMENTAL COORDINATION:
The Modesto Fire Department, which provides fire protection services to the City of Ceres, has worked in coordination with the City of Modesto ’s Attorney’s Office and the City of Ceres’ City Clerk’s Office.
VI. PUBLIC PARTICIPATION:
Identical changes were made to the City of Modesto Municipal Code and Ordinance adoption underwent a public hearing on April 4, 2023, with no opposition by citizens.
VII. ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (“CEQA”) requires environmental review only if a public agency action constitutes a “project.” (Pub. Res ources Code, § 21065.) The proposed ordinance does not constitute a project pursuant to CEQA, since it does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Code Regs., tit. 14, § 15064, subd. (d).).
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VIII. STEPS FOLLOWING APPROVAL:
If the proposed ordinance is introduced and given first reading, City staff will submit the ordinance to City Council for second reading and approval. Once approved, the ordinance will become effective after 30 days and will provide the City Manager, and City Officials, signature authority if authorized by the City Council. Once adopted, the ordinance enacting changes to the Ceres Municipal Code will be immediate ly enforced by the Modesto Fire Department.
Approved by: ___________________
Douglas D. Dunford
Interim City Manager
Attachments:
1. Attachment A – Ordinance No. 2023
2. Attachment B – Edits to Ceres Municipal Title 15, Chapter 8 and Title 5, Chapter 20 3. Attachment C – Public Hearing Notice
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ITEM 6
ATTACHMENT A
{CW128524.10}
ORDINANCE NO. 2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING CHAPTER 8, CALIFORNIA FIRE CODE, OF TITLE 15, BUILDINGS AND CONSTRUCTION, AND CHAPTER 20, FIREWORKS SALES, OF TITLE 5,
BUSINESS LICENSES AND REGULATIONS, OF THE CERES MUNICIPAL CODE TO ADOPT THE 2022 CALIFORNIA FIRE CODE
W HEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty (180) days after publication by the California Building Standards Commission (the “Commission”), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings and changes have been filed with the California Building Standards Commission; and
WHEREAS, Government Code Section 50022.2 permits enactment of City ordinances that adopt codes or statutes, including codes of the State of California, by reference; and
WHEREAS, notice of the o rdinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.
NOW, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. T
itle 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.020, Adoption by Reference of the California Fire Code, shall be repealed in its entirety and replaced with a new section that shall read as follows:
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ATTACHMENT A
{CW128524.10}
15.08.020 Adoption by Reference of the California Fire Code.
That certain document, one c
opy of which is on file in the Office of the City Clerk of the City of Ceres being marked and designated as "California Fire Code" hereafter designated as "CFC" Part 9 of Title 24 California Code of Regulations as published by the International Code Council, 2022 Edition, including Appendix Chapter 4 and Appendix B, BB, C, CC, D, E, F, G, I, K, N, O and Division 1 California Administration and Division II Administration as published by the International Code Council, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances , materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said California Fire Code, 2022 Edition, on file in the office of the City of Ceres Building Division is hereby referred to, adopted, and made a part in accordance with, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this Chapter be and is adopted by reference as the Fire Code of the City of Ceres.
SECTION 2. T
itle 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.050, Section 105.1.2 of the CFC Amended; Types of Permits, shall be repealed in its entirety and replaced with a new section that shall read as follows:
15. 08.050 Section 105.1.2 of the CFC Amended; Types of Permits.
Section 105.1.2 of the California Fire Code is hereby amended to read as follows:
Section 105.1.2 Types of Permits. Permits required by this Code, see Section 105.1.1 through 105.6.24, shall be issued by the fire code official. Permit fees, if any, adopted by the Council of the City of Ceres by Resolution from time to time, affixing a fee for any permit issued pursuant to the Fire Code.
SECTION 3. T
itle 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.070, Section 105.6.8 of the CFC Amended; Compressed Gases , shall be repealed in its entirety.
SECTION 4. T
itle 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.080, Section 105.6.10 of the CFC Amended; Cryogenic Fluids, shall be repealed in its entirety.
SECTION 5. T
itle 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.090, Section 105.6.16 of the CFC Amended; Flammable and Combustible Liquids, shall be repealed in its entirety.
ITEM 6
ATTACHMENT A
{CW128524.10}
SECTION 6. Title 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.100, Section 105.6.25 of the CFC Amended; Lumber Yards and Woodworking Plants, shall be repealed in its entirety.
SECTION 7. T itle 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.110, Section 110.4 of the CFC Amended; Violation Penalties, shall be repealed in its entirety and replaced with a new section that shall read as follows:
15. 08.110 Section 112.4 of the CFC Amended; Violation Penalties.
Section 110.4 of the 2019 California Fire Code, Division II Administration is hereby amended to read as follows:
Section 112.4 Violations Penalties. People who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Chief, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by fine of not more one hundred thirty dollars ($130.00) for the first conviction, a fine not exceeding seven hundred dollars ($700.00) dollars for a second conviction within a one year period, and a fine of one thousand three hundred dollars ($1,300) for a third conviction within a one year period. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
SECTION 8. T
itle 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.12 0, Section 312.2 of the CFC Amended; Vehicle Impact Protection, subparagraphs 2 through 5 only, shall be repealed in their entirety.
SECTION 9. T
itle 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.130, Section 503 of the CFC Amended; Fire Apparatus Access Roads , shall be repealed in its entirety and replaced with a new section that shall read as follows:
15. 08.130 Section 503 of the CFC Amended; Fire Apparatus Access Roads.
Section 503.6.1 is added to the California Fire Code and reads as follows:
Section 503.6.1 Plans and Specifications. Prior to the installation of any gate or other device that will obstruct the access of emergency vehicles or emergency personnel, to any area, the person wishing to install the device shall submit plans and specifications to the Ceres Building Division with routing to the Fire Department for plan approval. Plans shall include the following information:
1. Site plan drawn to scale with the following:
a. Property lines.
b. Building footprint(s).
ITEM 6
ATTACHMENT A
{CW128524.10}
c. Proposed fence, pedestrian gate(s), vehicular gate(s).
d. Non-motorized gates shall include a Knox Key Switch/Knox Box and the proposed location.
e. Physical address.
f. California contractor's license number, company name, address, and telephone number.
SECTION 10 . Title 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.140, Section 507.5.1 of the CFC Amended; Where Required, shall be repealed in its entirety.
SECTION 11. T
itle 15, Buildings and Construction, Chapter 8, California Fire C ode, Section 15.08.150, Section 507.5.7 of the CFC Amended; Hydrants, shall be repealed in its entirety.
SECTION 12. T
itle 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.160, Section 507.5.8 of the CFC Amended; Hydrant Identification, shall be repealed in its entirety.
SECTION 13. T
itle 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.170, Section 603.8 of the CFC amended; Incinerators, shall be repealed in its entirety and replaced with a new section that shall read as follows:
15. 08.170 Section 605.8 of the CFC Amended; Incinerators.
Section 605.8 of the 2019 California Fire Code is hereby amended to read as follows:
Section 605.8 Incinerators. The use of incinerators is prohibited inside the City limits of Ceres.
Exception: Incinerators used by state-licensed facilities for the cremation of human or pet remains.
SECTION 1 4
. Title 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.180, Section 603.8.1 of the CFC deleted; Residential Incinerators, shall be repealed in its entirety and replaced with a new section that shall read as follows:
15.08.180 S ection 605.8.1 of the CFC Deleted; Residential Incinerators.
Section 605.8.1 of the California Fire Code is hereby deleted.
ITEM 6
ATTACHMENT A
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SECTION 1 5. Title 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.190, Section 603.8.2 of the CFC deleted; Spark Arrestor, shall be repealed in its entirety and replaced with a new section that shall read as follows:
15. 08.190 Section 605.8.2 of the CFC Deleted; Spark Arrestor.
Section 605.8.2 of the California Fire Code is hereby deleted.
SECTION 1 6
. Title 15, Buildings and Construction, Chapter 8, California Fire Code, section 15.08.200, Section 603.8.3 of the CFC deleted; Restrictions, shall be repealed in its entirety and replaced with a new section that shall read as follows:
15. 08.200 Section 605.8.3 of the CFC Deleted; Restrictions.
Section 605.8.3 of the California Fire Code is hereby deleted.
SECTION 1 7 . Title 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08. 210, Section 603.8.4 of the CFC deleted ; Time of Burning, shall be repealed in its entirety.
SECTION 1 8 . Title 15, Buildings and Construction, Chapter 8, California Fire Code, section 15.08.240, Section 5001.5.2 of the CFC amended; Hazardous Materials Inventory Statement, shall be repealed in its entirety and replaced with a new section that shall read as follows:
15. 08.240 Section 5001.5.2 of the CFC Amended. Hazardous Materials Inventory Statement.
Section 5001.5.2 of the 2019 California Fire Code is hereby amended by adding the following:
10. Key Box. When required by the Fire Code Official, an approved key box, sized to contain emergency information, (HMMP, HMIS, and Safety Data Sheets) shall be provided.
SECTION 1 9
. Title 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08. 250, Section 5003.3.1.4 of the CFC amended; Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs , shall be repealed in its entirety and replaced with a new section that shall read as follows:
15. 08.250 Section 5003.3.1.4 of the CFC Amended. Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.
Responsibility for Cleanup. The person, firm , or corporation responsible for an unauthorized discharge shall initiate and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the ITEM 6
ATTACHMENT A
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jurisdiction. When deemed necessary by the Fire Code Official, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator, or other person responsible for the unauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.
For purposes of this section, costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker's compensation benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials. The authority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.
SECTION 20.
Title 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.260, Section 5601.1 of the CFC amended; Scope, shall be repealed in its entirety.
SECTION 21
. Title 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08. 270, Section 5608.2 of the CFC added; Fireworks Display , shall be amended to read as follows:
S
ection 5608.2 of the California Fire Code is hereby added to read as follows:
Section 5608.2 Fireworks Display.
Section 5608.2.1 Permit. Every permit application for approval to conduct a public display of fireworks shall be accompanied by a non- refundable fee as established by resolution of the City Council from time to time.
SECTION 2 2
. Title 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.280, Section 5608.3 of the CFC added; “Safe and Sane” Fireworks Sales, shall be repealed in its entirety and replaced with a new section that shall read as follows:
15. 08.280 Sales, Storage, Use, and Handling of Fireworks.
Section 5608 of the 2022 California Fire Code is hereby amended by adding the following:
General. Sales, storage, use, and handling of fireworks shall be in accordance with this chapter.
A. The storage of fireworks within the City of Ceres is limited to State of California Fire Marshal -approved and labeled "Safe and Sane" fireworks by State of California licensed wholesalers and retailers.
B. Wholesale Storage. Wholesalers may store "Safe and Sane" fireworks within the City of Ceres solely during the period of June 1 through July 31 of each year.
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Storage facilities shall comply with H3 occupancy classification requirements as defined by the 2022 California Building Code.
SECTION 2 3
. Title 15, Buildings and Construction, Chapter 8, California Fire Code, Section 15.08.290 , Findings for Changes, Modifications, and Additions to the 2019 California Fire Code Part 9, shall be repealed in its entirety and replaced with a new section that shall read as follows:
15. 08.290 Findings for Changes, Modifications, and Additions to the 2022 California Fire Code Part 9.
Pursuant to California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5, the City of Ceres hereby expressly finds that all of the changes and modifications to the 2022 California Building Standard Code made by this Title and which are not merely administrative changes, are reasonably necessary because of local climatic, geological or topographical condition within the City of Ceres as more particularly described in the table set forth below.
Finding(s)
Application
Condition Findings
CCR California
Fire
Code Part 9
Climactic Reduced visibility due to dense fog occurring during winter months which causes delays in fire response
CCR California
Fire
Code Part 9
Topographical Delayed fire response by railroad tracks that:
a. Divide the City from East to West
b. Tracks run parallel to Highway 99 through the
City, restricting response at locations where
overpasses are not provided
CCR California
Fire
Code Part 9
Topographical Turlock Irrigation District canal restricts access to Neighborhood developments. Mitchell Rd. from Faith
Home Rd. to Hwy 99 at Mitchell Rd.
CCR California
Fire
Code Part 9
Topographical Delayed fire response due to Hwy 99, which divides the City in half. Delays are due to major traffic congestion at overcrossings
CCR California
Fire
Code Part 9
Climactic Summer conditions are very dry, hot and windy causing ordinary combustibles to easily ignite and
fires to spread rapidly
SECTION 24
. Title 5, Business Licenses and Regulations, Chapter 20, Fireworks Sales, Section 5.20.050, Fireworks sales booth, shall be repealed in its entirety and replaced with a new section that shall read as follows:
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5.20.050 Fireworks Sales Booth.
A. A permittee shall not allow any person other than the individuals who are members of the permittee organization, their spouses or adult children, or volunteers to whom no compensation is paid, to sell, operate, or otherwise participate in the sale or profits of fireworks at a fireworks sales booth.
B. A permittee shall not pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such booth, except the hiring of a night watchman or security officer.
C. A fireworks sale s booth shall not be set up before an application for permit has been approved, and no earlier than June 14.
D. A copy of the City permit, Fire Department permit, and State License shall be posted in a conspicuous location within the interior portion of the fireworks sales booth at all times.
E. A sign shall be affixed to the front exterior portion of the fireworks booth in letters at least six (6) inches in height, identifying the name of the local nonprofit organization to which the permit was issued.
F. All fireworks sales booths shall be located only upon property that is zoned for commercial or industrial uses.
G. Fireworks sales booths shall be limited to twenty-four (24) feet by eight (8) feet or one hundred ninety-two (192) square feet in size. Pre-existing booths as identified by the fireworks suppliers shall retain the right to operate their oversized booths , without change, until the permittee forfeits or loses their operating permit. A copy of said list shall remain on file with the Fire Code Official.
H. Each applicant shall be limited to one permit, which shall authorize the sale of safe and sane fireworks at only the approved site location shown on the permit.
I. Each proposed fireworks sales booth shall be required to meet and comply with all regulations and site location requirements established by the California Fire Marshal, with Title 19 of the California Code of Regulations, and with the rules and regulations of the Fire Code Official.
J. All permittees shall pass an inspection of their fireworks sales booth. If a permittee fails to pass an inspection, there shall be a reinspection fee charged for any subsequent inspection.
K. All retail sales of "Safe and Sane" fireworks shall be permitted only from within a fireworks sales booth and sales from any other building or structure is hereby prohibited.
L. The fireworks booth shall be located at least twenty (20) feet from other structures.
M. Fireworks shall not be stored, sold, offered for sale, or discharged within one hundred (100) feet of a location where gasoline, LPG, other class 1 flammable liquids or flammable gases are stored or dispensed.
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N. All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on the 6th day of July.
O. The fireworks sales booth shall be removed from the temporary location by 12:00 noon on the 12th day of July, and all accompanying litter shall be cleared from said location by said time and date.
P. A penalty of one hundred dollars ($100.00) per day will be assessed to the permittee of any fireworks sales booth not removed by 12:00 noon on the 12th day of July.
SECTION 25
. Title 5, Business Licenses and Regulations, Chapter 20, Fireworks Sales, Section 5.20.060, Fireworks sales, shall be amended as follows:
S
ubparagraphs 9, and 10 shall be added to Section C, and shall state as follows:
9. It is unlawful for the permittee organization to allow any person or entity other than the permittee organization to operate the fireworks stand for which the permit is issued, whether by agreement, assignment or otherwise, or to otherwise participate in the profits of the operation of such fireworks stand. Violations will result in the immediate loss of the organization's permit.
10. It is unlawful for a non -profit organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such fireworks stand, except the hiring of a night watchman or security officer.
SECTION 26
. FINDINGS AND DECLARATION. As required by the 2022 California Fire Code, Section 101.1, the Council of the City of Ceres finds and declares that the foregoing additions, modifications , and changes to the regulations adopted pursuant to the 2022 California Fire Code are reasonably necessary because of local climate and geographic conditions. The ordinance also prescribes local procedures to be used in the administration and enforcement of this Code, provides for local interpretations of this Code, and makes other changes in this Code consistent with local custom and practices as reflected in the prior local Fire Code.
SECTION 27
. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, s entence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 2
8. EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage, provided it is published pursuant to G overnment Code section 36933 in a newspaper of general circulation within fifteen (15) days after its adoption.
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This ordinance was introduced at a regular meeting of the City Council of the City of Ceres held on the 26th day of June 2023, and passed and adopted as Ordinance No. 2023-XXX at a regular meeting of the City Council held on the 10 th day of July 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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Chapter 08
CALIFORNIA FIRE CODE
Sections:
15.08.010 Title.
15.08.020 Adoption by Reference of the California Fire Code.
15.08.030 Administration.
15.08.040 Enforcement.
15.08.050 Section 105.1.2 of the CFC Amended; Types of Permits.
15.08.060 Section 105.2 of the CFC Amended; Application.
15.08.070 Section 105.6.8 of the CFC Amended; Compressed Gases.
15.08.080 Section 105.6.10 of the CFC Amended; Cryogenic Fluids.
15.08.090 Section 105.6.16 of the CFC Amended; Flammable and Combustible Liquids.
15.08.100 Section 105.6.25 of the CFC Amended; Lumber Yards and Woodworking Plants.
15.08.110 Section 110.4 of the CFC Amended; Violation Penalties.
15.08.120 Section 312.1 of the CFC Amended; Vehicle Impact Protection.
15.08.130 Section 503 of the CFC Amended; Fire Apparatus Access Roads.
15.08.140 Section 507.5.1 of the CFC Amended; Where Required.
15.08.150 Section 507.5.7 of the CFC Added; Hydrants.
15.08.160 Section 507.5.8 of the CFC Added; Hydrant Identification.
15.08.170 Section 603.8 of the CFC Amended; Incinerators.
15.08.180 Section 603.8.1 of the CFC Deleted; Residential Incinerators.
15.08.190 Section 603.8.2 of the CFC Deleted; Spark Arrestor.
15.08.200 Section 603.8.3 of the CFC Deleted; Restrictions.
15.08.210 Section 603.8.4 of the CFC Deleted. Time of Burning.
15.08.220 S ection 903.2 of the CFC Amended; Automatic Fire Sprinkler Systems.
15.08.230 Section 906.9.1 of the CFC Amended; Extinguishers Weighing 40 Pounds of Less.
15.08.240. Section 5001.5.2 of the CFC Amended. Hazardous Materials Inventory Statement.
15.08.250 Section 5003.3.1.4 of the CFC Amended. Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.
15.08.260 Section 5601.2 of the CFC Added; Fireworks Manufacturing.
15.08.270 Section 3308.2 of the CFC Added; Fireworks Public Display.
15.08.280 Section 3308.3 of the CFC Added; “Safe and Sane” Fireworks Sales.
15.08.290 Findings for Changes, Modifications, and Additions to the 2010 California Fire Code Part 9.
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15.08.010 Title.
This Chapter shall be known and cited as the “Ceres Fire Code” and may hereinafter be referred to as “Ceres Fire Code.” Chapter, division, part, section, subsection, and appendix numbers used in sections 15.08.010 through 15.08.209 are those of the California Fire Code or codes adopted therein by reference.
15.08.020 Adoption by Reference of the California Fire Code.
That certain document, one c opy of which is on file in the Office of the City Clerk of the City of Ceres being marked and designated as "California Fire Code" hereafter designated as "CFC" Part 9 of Title 24 California Code of Regulations as published by the International Code Council, 2019 2022 Edition, including Appendix Chapter 4 and Appendix B, BB, C, CC, D, E, F, G, I, K, N, O and Division 1 California Administration and Division II scope Administration as published by the International Code Council, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said California Fire Code, 2019 Edition, on file in the office of the City of Ceres Building Division is hereby referred to, adopted, and made a part hereof in accordance with, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this Chapter be and is adopted by reference as the Fire Code of the City of Ceres.
15.08.030 Administration.
This Chapter is to be administered in accordance with Chapter 15.01.040, Administration under General Provisions, unless more specific requirements are given in this Chapter.
15.08.040
Enforcement.
Enforcement of Ceres Fire Code shall be in accordance with Chapter 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.
15.08.050 Section 105.1.2 of the CFC Amended; Types of Permits.
Section 105.1.2 of the California Fire Code is hereby amended to read as follows:
Section 105.1.2 Types of Permits . P
ermits required by this Code, see Section 105.1.1 through 105.7.256.24, shall be issued by the fire code official. Permit fees, if any, adopted by the Council of the City of Ceres by Resolution from time to time, affixing a fee for any permit issued pursuant to the Fire Code.
15.08.06 0 Section 105.2 of the CFC Amended; Application.
Section 105.2 Application. of the California Fire Code is hereby amended to read as follows:
Section 105.2 Application for a permit required by this Code shall be made to the fire code official in s
uch form and detail as prescribed by the fire code official. Applications for permits ITEM 6
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shall be accompanied b y such plans prescribed by the fire code official and applicable fees established by resolution by the Ceres City Council.
15.08.070 Section 105.6.8 of the CFC Amended; Compressed Gases.
Section 105.6.8 of the California Fire Code is hereby amended to read as follows:
Section 105.6.8 Compressed Gases . A n operational permit is required for the storage, use, or handling at normal temperatures and pressures of compressed gases in excess of the amounts listed in Table 105.6.8, and to install any piped distribution system for compressed gases, or to install a non-flammable medical gas manifold system. When the compressed gases in use or storage exceed the amounts listed in Table 105.6.8, a permit is required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system.
15.08.080 S ection 105.6.10 of the CFC Amended; Cryogenic Fluids.
Section 105.6.10 of the California Fire Code is hereby amended to read as follows:
Section 105.6.10 Cryogenic Fluids. A n operational permit is required to produce, store, transport onsite, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10.
A construction permit is required to install a cryogenic vessel or piping system for the storage or distribution of cryogens. See also Chapter 55.
Exception: P ermits are not required where federal or state regulations apply and for fuel systems of a vehicle.
15.08.090 Section 105.6.16 of the CFC Amended; Flammable and Combustible Liquids.
Section 105.6.16 of the California Fire Code is hereby amended to add the following:
Paragraph 12. To store, handle or use class III-B liquids with a flashpoint of less than 500 degrees F., in excess of 110 gallons.
Paragraph 13. To install, alter, remove, test, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank.
15.08.100 S ection 105.6.25 of the CFC Amended; Lumber Yards and Woodworking Plants.
Section 105.6.25 of the California Fire Code is hereby amended to read as follows:
Section 105.6.25 Lumber Yards and Woodworking Plants . A n operational permit is required to operate any woodworking plant. See Chapter 28.
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15.08.110 Section 110.4 112.4 of the CFC Amended; Violation Penalties.
Section 110.4 of the 2019 California Fire Code, Division II Administration is hereby amended to read as follows:
Section 110.4 112.4 Violations Penalties. People who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Chief, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by fine of not more one hundred thirty dollars ($130.00) for the first conviction, a fine not exceeding seven hundred dollars ($700.00) dollars for a second conviction within a one year period, and a fine of one thousand three hundred dollars ($1,300) for a third conviction within a one year period. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
15.08.120 Se ct
ion 312.2 of the CFC Amended; Vehicle Impact Protection.
Section 312.2 of the California Fire Code is hereby amended to read as follows:
Section 312.2. Posts. Guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be:
1. C
onstructed of steel not less than six (6) inches in diameter and concrete filled,.
2. Spaced not more than four (4) feet between posts on center,
3. Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter,
4. Set with the top of the posts not less than three (3) feet above ground, and
5. Located not less than five (5) feet from the tank.
15.08.130 Section 503 of the CFC AmendedAdopted; Fire Apparatus Access Roads.
Section 503.5 of the California Fire Code is hereby amended to read as follows:
Section 503.5 Closure of Accessway. The Fire Prevention Bureau is authorized to require the installation and maintenance of gates or other approved barricades across roads, trails or other access ways, not including public streets, alleys or highways.
Section 503.5.1 of the California Fire Code is hereby amended to read as follows:
Section 503.5.1 Secured gates and barricades . When required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and ITEM 6
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obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Locks, gates, doors, barricades, chains, enclosures, signs, tags or seals which have been installed by the Fire Prevention Bureau or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner.
Exception: The restriction on use shall not apply to public officers acting within the scope of their duty.
Section 503.5.2 of the California Fire Code is unchanged and remains as adopted.
Section 503.5.3 is added to the California Fire Code and reads as follows:
Section 503.5.3 Control of and Obstruction of Fire Apparatus Access. The required width of a fire apparatus road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established by Section 503.2.1 shall be maintained at all times.
Entrances to roads, trails or other access ways that have been closed with gates and bar riers in accordance with Section 503.5.1 shall not be obstructed by parked vehicles.
Section 503.6 of the California Fire Code is hereby amended to read as follows:
Section 503.6 Security Gates. T he installation of security gates across from fire apparatus access roads shall be approved by the Fire Chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation system shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325 and ASTM 2200.
Section 503.6.1 is added to the California Fire Code and reads as follows:
Section 503.6.1 Plans and Specifications. Prior to the installation of any gate or other device that will obstruct the access of emergency vehicles or emergency personnel, to any area, the person wishing to install the device shall submit plans and specifications to the Ceres Building Division with routing to the Fire Department for plan approval. Plans shall include the following information:
1. Site plan drawn to scale with the following:
a. Property lines.
b. Building footprint(s).
c. Proposed fence, pedestrian gate(s), vehicular gate(s).
d. Non-motorized gates shall include a Knox Key Switch/Knox Box and the proposed location.
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e. Motorized gate systems shall include a "Puck" system with a wire loop in the ground.
eP hysical address.
f. California contractor's license number, company name, address, and telephone number.
2. P roduct specifications shall be provided which include:
a. M ethod of operation.
Section 503.6.2 is added to the California Fire Code and reads as follows:
Section 503.6.2 Unguarded gates.
1. If the vehicle gate is for one-way traffic, the gate width must be a minimum of twelve feet.
If the vehicle access gate is for two-way traffic, the gate width must be a minimum of 20 feet in width. A Knox Key Switch must be installed on the "Entrance" and "Exit" side of each gate.
2. T he Knox switch on the "Exit" side of each gate can be eliminated if the gate has a "free exit." A "free exit" is a sensor pad in the asphalt that senses the vehicle and automatically opens the gate. If you do not have a "free exit", you shall install a Knox switch on the "exit" side of the gate.
3. Y ou may install one Knox switch on a vehicle access gate provided that the switch is "easily" accessible from both the "exit" and the "entrance" side of the gate. The switch must also be mounted in a locati on that will not cause harm to the firefighters. Please contact the Ceres Fire Department to verify that the location is acceptable prior to installation.
4. You shall install a minimum of one pedestrian walk-thru gate per the complex.
5. Al l pedestrian walk-thru gates shall swing in the direction of exit travel.
6. T he locking hardware on all pedestrian walk- thru gates shall have self-releasing hardware.
The hardware must have either a doorknob or a door handle. Thumb operated deadbolts, double-keyed deadbolts, or combination keypads are not acceptable.
7. When pedestrian walk -thru gates are installed more than ten (10) feet from any vehicle access gate, a Knox Box in required within eighteen (18) inches of the pedestrian walk- thru gate opening.
Section 503.6.3 is added to the California Fire Code and reads as follows:
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Section 503.6.3 Definitions.
1. “Pedestrian gate” means a gate used exclusively for pedestrian ingress and egress.
2. ”V ehicular gate” means a gate for vehicle ingress and egress.
3. ” Residential properties” include single- and multi-family dwellings, such as apartments and condominiums.
4. ”G ated community development” means a community that may consist of single- or multi- family dwellings, or other accessory uses, that are enclosed within a geographical area by restrictive gates.
15.08.140 S ection 507.5.1 of the CFC Amended; Where Required.
Section 507.5.1 of the California Fire Code is hereby amended to read as follows:
Section 507.5.1 Distribution of Fire Hydrants. Fire hydrants shall be nominally spaced every 500 linear feet in residential areas comprised of single -family dwellings. In commercial or industrial areas, and in residential areas containing condominiums, townhouses, or apartments, fire hydrants shall be nominally spaced every 300 feet. The Fire Chie fFire Code Official may require that fire hydrants be placed at closer intervals to conform to street intersections, unusual street curvatures, or fire flow requirements.
Divided streets shall have hydrants on both sides of the street and shall, where applicable, be installed in alternative or staggered positions so that hydrants will not be directly opposite from each other.
Exception: For Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 the distance requirements shall be not more than 600 feet (183 m).
15.08.150 S ection 507.5.7 of the CFC Added; Hydrants.
Section 507.5.7 of the California Fire Code is hereby added to reads as follows:
Section 507.5.7 Hydrants. T he Fire ChiefFire Code Official is authorized to determine the types of hydrants acceptable for installation. In areas where public or private water mains are not available for the provision of required fire flow, the Fire Chief may require that water supply for firefighting be in accordance with NFPA Standard # 1142, 2017 Edition (standard on Water Supplies for Suburban and Rural Fire Fighting).
15.08.160 Section 507.5.8 of the CFC Added; Hydrant Identification.
Section 507.5.8 of the California Fire Code is hereby added to read as follows:
Section 507.5.8 Hydrant Identification. All fire hydrants shall be identified with a blue pavement marker which is raised and reflective.
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15.08.170 Section 603605.8 of the CFC Amended; Incinerators.
Section 603.8 of the 2019 California Fire Code is hereby amended to read as follows:
Section 603.8. Incinerators. The use of incinerators is prohibited inside the City limits of Ceres.
Exception: Incinerators used by state-licensed facilities for the cremation of human or pet remains.
15.08.180 S ection 603605.8.1 of the CFC Deleted; Residential Incinerators.
Section 603605.8.1 of the California Fire Code is hereby deleted.
15.08.190 Section 603605.8.2 of the CFC Deleted; Spark Arrestor.
Section 603605.8.2 of the California Fire Code is hereby deleted.
15.08.200 Section 603605.8.3 of the CFC Deleted; Restrictions.
Section 603605.8.3 of the California Fire Code is hereby deleted.
15.08.210 Section 603605.8.4 of the CFC Deleted. Time of Burning.
Section 603605.8.4 of the California Fire Code is hereby deleted.
15.08.220 Section 903.2 of the CFC Amended. Automatic Fire Sprinkler Systems.
Section 903.2 of the California Fire Code is hereby amended to read as follows:
Section 903.2 Where required.
1. New Construction.
An approved automatic fire sprinkler system is required in the locations described in Sections 903.2.1 through 903.2.12 in all new buildings and structures constructed on or after the effective date of this ordinance, notwithstanding the use and occupancy thereof, when the total floor area under one roof exceeds five thousand (5,000) square feet. Fire area separation walls shall not be used for the purpose of eliminating automatic fire sprinkler systems required by this section. (a) When automatic sprinkler systems are required by the Ceres Municipal Code or the 2019 California Fire Code for certain uses and/or occupancies, the requirements of Section 903.2 of the 2019 California Fire Code shall also apply.
Exception: Carports, sheds, tanks, towers and agricultural buildings.
2. Existing Buildings and Structures.
An approved automatic fire sprinkler system shall be installed in the locations described in Section 903.2.1 t
hrough 903.2.12 in all existing buildings and structures when the value of additions, alterations or repairs are made within any twelve- month period that exceed fifty (50) percent of the current county assessed valuation for improvements only in the existing building ITEM 6
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or structure that exceeds five thousand (5,000) square feet or additions result in said building or structure exceeding five thousand (5,000) square feet.
1. Exception: Carports, sheds, tanks, towers and agricultural buildings.
2. Each portion of an existing building or structure separated by one or more fire walls, constructed in accordance with the current adopted edition of the Building Code, when each portion does not exceed five thousand (5,000) square feet.
15.08.230 Section 906.9.1 of the C FC Amended; Extinguishers Weighing 40 Pounds or Less.:
Section 906.9.1 of the California Fire Code is hereby amended to read as follows:
Section 906.9.1. Extinguishers Weighing 40 Pounds or Less. Portable fire extinguishers having a gross weight not exceeding forty (40) lbs. (18 kg) shall be installed so that their tops are not more than four (4) feet above the floor.
Existing Installations. Portable fire extinguishers shall only be required to be lowered during tenant improvements.
15.08.240 Section 5001.5.2 of the CFC Amended. Hazardous Materials Inventory Statement.
Section 5001.5.2 of the 2019 California Fire Code is hereby amended by adding the following:
10. Key Box. When required by the Fire Code Official, an approved key box, sized to contain e
mergency information, (HMMP, HMIS, and Material Safety Data Sheets) shall be provided.
15.08.250 Section 5003.3.1.4 of the CFC Amended. Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.
Section 5003.3.1.5 of the 2019 California Fire Code is hereby added to read as follows:
Section 5003.3.1.5. Responsibility for Cleanup. The person, firm or corporation responsible for an unauthorized discharge shall initiate and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Fire ChiefFire Code Official , cleanup can be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.
For purposes of this section, costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker's compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cos t of materials obtained directly by the City; and cost of any contract labor and materials. The authority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.
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Responsibility for Cleanup. The person, firm or corporation responsible for an unauthorized discharge shall initiate and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Fire Code Official, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.
For purposes of this section, costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker's compensation benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials. The authority to recover costs und er this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.
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15.08.260 Section 5601.1 of the CFC Amended; Scope.
Section 5601.1 of the California Fire Code is hereby amended to read as follows:
Section 5601.1. Scope. The provisions of this chapter shall govern the possession, storage, handling, sale and use of explosives, explosive materials, fireworks, rockets, emergency signaling devices, and small arms ammunition. The manufacturing of fireworks is prohibited in the City of Ceres. The term "Fireworks" shall be as defined by the Health and Safety Code section 12511.
15.08.270 Section 5608.2 of the CFC Added; Fireworks Display.
Section 5608.2 of the California Fire Code is hereby added to read as follows:
Section 5608.2. Fireworks Display.
Section 5608.2.1 Permit. Every permit application for approval to conduct a public display of fireworks shall be accompanied by a non- refundable fee as established by resolution of the City Council from time to time.
Section 5608.2.2 Approval. The Fire Chief may grant the permit as applied for, or with conditions thereto, unless he/she finds that to do so would be contrary to the public health, safety, or welfare.
The decision of the Fire Chief shall be in writing and shall be mailed, postage prepaid, to the applicant.
Section 5608.2.3 A ppeal Process. The decision of the Fire Chief, in acting on an application for permission to conduct a public display in accordance with the provisions of this Section may be appealed to the City Manager. Notice of an appeal of the Fire Chief’s decision shall be filed by the applicant, with the City Clerk, within ten (10) days after the date of the decision. Upon failure to file such notice within the ten-day period, the action of the Fire Chief shall be final and conclusive.
The applicant may appeal the decision of the City Manager to the City Council by filing a notice of appeal to the City Clerk within ten (10) days after the date of the City Manager decision. Upon failure to file such notice within the ten -day period, the action of the City Manager, or his/her designee, shall be final and conclusive.
15.08.280 Sa les, Storage, Use, and Handling of Fireworks.
Section 5608 of the 2022 California Fire Code is hereby amended by adding the following:
5608.6 General. Sales, storage, use, and handling of fireworks shall be in accordance with this chapter.
1. Sales. Retail sale or display with the intent to sell fireworks is limited to State of California Fire Marshal approved and labeled "Safe and Sane" fireworks within the City of Ceres , by State of California licensed retailers, provided a permit to sell those fireworks has been approved and obtained from the Fire Code Official. Fireworks may be sold or offered for sale from 12:00 noon to 10:00 p.m. on June 28, 9:00 a.m. to 10:00 p.m. on June 29 through July 5, and 9:00 a.m. to 12:00 noon on July 6.
The storage of fireworks within the City of Ceres is limited to State of California Fire Marshal-approved and labeled "Safe and Sane" fireworks by State of California licensed wholesalers and retailers. (A) Wholesale Storage. Wholesalers may store "Safe and Sane" fireworks within the City of Ceres solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with H3 occupancy classification requirements as defined by the 2022 California Building Code.
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(B) Retailers Storage. Retailers may store "Safe and Sane" fireworks within the City of Ceres solely during the period of June 22 through July 15 of each year. "Safe and Sane" fireworks that are not being sold or displayed with the intent to sell, shall be stored solely in the following manner:
(1) Within the permitted fireworks stand with a responsible adult on the premises at all times. (2) In a completely enclosed and locked utility type trailer constructed of one -fourth (1/4) inch plywood or other approved noncombustible material.
(3) In a completely detached garage on residential property with a minimum ten (10) feet clearance from other structures or property lines. There shall be no open-flame or spark producing equipment, or Class 1 flammable liquids stored or used within the g arage. (4) Fireworks shall not be stored within forty (40) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any place of public assembly that can accommodate fifty (50) or more persons.
(5) In an approved and permitted fireworks warehouse.
2. Operator Safety. Each year, one (1) or more representatives from each organization, that is granted a permit to sell fireworks, shall attend a stand operator safety seminar conducted by the Fire Code Offici al and the fireworks industry. Failure to attend the seminar shall result in the revocation of the organization's permit to sale fireworks for that calendar year.
3. Temporary Fireworks Stands.
(1) All retail sales of "Safe and Sane" fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited. (2) City Business License, Fire Department Permit and State License shall be displayed in the fireworks stand during hours of operation.
(3) Temporary fireworks stand shall not be set up before application for permit has been approved no earlier than June 14.
(4) The fireworks stands shall be located at least twenty (20) feet from other structures. (5) Zoning of property, in which the fireworks stand will be located, shall be in accordance with Section 10-
2.2330 of the Modesto Municipal Code.
(6) Fireworks shall not be stored, sold, offered for sale, or discharged within one hundred (100) feet of a location where gasoline, LPG, other class 1 flammable liquids or flammable gasses are stored or dispensed.
(7) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on the 6th day of July.
(8) The fireworks stand shall be removed from the temporary location by 12:00 noon on the 12th day of July, and all accompanying litter shall be cleared from said location by said time and date. (9) A penalty of one hundred dollars ($100.00) per day will be assessed to the permittee of any fireworks stand not removed by 12:00 noon on the 12th day of July.
4. Safety Precautions.
(1) No person under the age of eighteen (18) shall sell, or handle for sale, any classificatio n of fireworks. (2) No person under the age of eighteen (18) shall purchase or be allowed to purchase any classification of fireworks.
(3) Smoking, open-flame, and spark-producing equipment shall be prohibited for a distance of twenty (20) feet around any fireworks stand.
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(4) Dry grass, weeds, trash, and other combustible material shall be removed for a distance of twenty (20) feet around any fireworks stand.
(5) Fireworks shall not be discharged within fifty (50) feet of a fireworks stand.
5. Stand Construction.
(1) Merchandise may be displayed in approved glass enclosed counters or showcases, or (2) Merchandise may be displayed in stands constructed in the following manner:
(A) Walls and roof shall be of plywood at least one-fourth (1/4) inches thick or of an approved noncombustible material.
(B) The stand shall be provided with a roof.
(C) Walls shall extend to a minimum height of six (6) feet eight (8) inches, on at least three (3) sides.
These three (3) sides shall be without openings, except for an exit d oor. (D) An exit door with a minimum size of twenty-four (24) inches in width and six (6) feet in height shall be provided in each stand. Exits shall be maintained clear and unobstructed at all times. (E) The front wall of the stand shall provide a physical barrier not less than eighteen (18) inches in height between the public and the merchandise on display. (F) Approved "NO SMOKING" signs shall be prominently displayed in and on the stand. (G) Approved "NO SALES TO PERSONS UNDER THE AGE OF 18" signs shall be prominently displayed in the stand.
(H) An approved fire extinguisher having a minimum classification of 2A10BC shall be located in the stand, near the exit and readily accessible.
(I) Sellers of fireworks shall comply with all rules and regulations of Title 19 of the California Code of Regulations and with the rules and regulations of the Fire Code Official. (J) Stands will be limited to twenty-four (24) feet by eight (8) feet or one hundred ninety-two (192) square feet in size. Pre-existing stands as identified by the fireworks suppliers shall retain the right to operate their oversized stands, without change, until said stand or organization forfeits or loses their operating permit. A copy of said list shall remain on file with the Fire Code Official.
6. Operation of Fireworks Stand Only by Permittee.
(1) It is unlawful for the permittee organization to allow any person or entity other than the permittee organization to operate the fireworks stand for which the permit is issued, whether by agreement, assignment or otherwise, or to otherwise participate in the profits of the operation of such fireworks stand. Violations will result in the immediate loss of the organization's permit. (2) It is unlawful for a non-profit organization to allow any person other than the individuals who are members of the permittee organization, their spouses or adult children, or volunteers to whom no compensation is paid, to sell or otherwise participate in the sale of fireworks at such fireworks stand. (3) It is unlawful for a non-profit organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such fireworks stand, except the hiring of a night watchman or security office
Section
5608.3 of the CFC Added; “Safe and Sane” Fireworks Sales.
Section 5608.3 of the California Fire Code is hereby added to read as follows:
Section 5608.3 Storage of Safe and Sane Fireworks.
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A. The storage of fireworks within the City of Ceres is limited to State of California Fire Marshal approved and labeled "Safe and Sane" fireworks by wholesalers licensed by the State of California and retailers.
B. Wholesalers may store safe and sane fireworks within the City of Ceres solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with NFPA 1124 adopted 2006 or as approved by the Fire Chief.
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15.08.290 Findings for Changes, Modifications, and Additions to the 2019 2022 California Fire Code Part 9.
Pursuant to California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5, the City of C
eres hereby expressly finds that all of the changes and modifications to the 2019 2022 California Building Standard Code made by this Title and which are not merely administrative changes, are reasonably necessary because of local Climatic, Geological or Topographical condition within the City of Ceres as more particularly described in the table set forth below.
F
inding(s)
Application
Condition Findings
CCR California
Fire
Code Part 9
Climactic Reduced visibility due to dense fog occurring during winter months which causes delays in fire response
CCR California
Fire
Code Part 9
Topographical Delayed fire response by railroad tracks that:
a. Divide the City from East to West
b. Tracks run parallel to Highway 99 through the City,
restricting response at locations where overpasses are not provided
CCR California
Fire
Code Part 9
Topographical Turlock Irrigation District canal restricts access to Neighborhood developments. Mitchell Rd. from Faith Home Rd. to Hwy 99 at Mitchell Rd.
CCR California
Fire
Code Part 9
Topographical Delayed fire response due to Hwy 99, which divides the City in half. Delays are due to major traffic congestion at overcrossings CCR California
Fire
Code Part 9
Climactic Summer conditions are very dry, hot and windy causing ordinary combustibles to easily ignite and fires to spread rapidly
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Chapter 09
CALIFORNIA RESIDENTIAL CODE
Sections:
15.09.010 Title.
15.09.020 Adoption by Reference of the California Residential Code.
15.09.030 Administration.
15.09.040 Enforcement.
15.09.050 Section R105.5 of the California Residential Code Deleted; Expiration.
15.09.060 Appendix J of the California Residential Code; Amended.
15.09.010 Title.
This Chapter shall be known and cited as the “Ceres Residential Code” and may hereinafter be referred to as “Ceres Residential Code.” Chapter, division, part, section, subsection, and appendix numbers used in Sections 15.09.010 through 15.09.060 are those of the California Residential Code or codes adopted therein by reference.
15.09.020 Adoption by Reference of the California Residential Code.
The purpose of the Chapter is to establish minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting, ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to firefighters and emergency responders during emergency operations. The provisions of the Residential Code shall apply to the construction, alteration, enlargement, replacement, repair, equipment, use, occupancy, location, maintenance, removal, and demolition of every detached one and two single -family dwellings, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto within the City of Ceres. Therefore, the 2019 California Residential Code, Title 24, Part 2.5, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made part of this chapter as though set forth in full. A true and correct copy of the 2019 California Residential Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection by the public.
15.09.030 Administration.
This Chapter is to be administered in accordance with Chapter 15.01.040, Administration under General Provisions, unless more specific requirements are given in this Chapter.
15.09.040 Enforcement.
Enforcement of Ceres Residential Code shall be in accordance with Chapter 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.
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15.09.050 Section R105.5 of the California Residential Code Deleted; Expiration.
Section R105.5 of the California Residential Code is hereby deleted.
15.09.060 A ppendix J of the California Residential Code; Amended.
Appendix J of the California Residential Code is hereby amended to read as follows:
Appendix J Delete the word "international" and replace with "California".
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ATTACHMENT C
{CW116206.2}
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 June 26, 2023 at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of an O rdinance of the City Council of the City of C eres amending Chapter 8, California Fire Code, of Title 15, Buildings and Construction, and Chapter 20, Fireworks Sales, of title 5, Business Licenses and Regulations, of the Ceres Municipal Code to adopt the 2022 California Fire Code (“Ordinance”).
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 obtaine d 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: June 14, 2023
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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: July 10, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778
SUBJECT:
Ordinance No. 2023 -XXX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend the
Regulations Related to Food Trucks
RECOMMENDED COUNCIL ACTION:
Staff recommends Council approve the first reading and introduction of Ordinance No 2023 - XXX, reading by title only, waiving further reading, an ordinance of the City of Ceres amending Title 5, Business Licenses and Regulations , Chapter 10, Mobile Food Vending from Motor Vehicles, of the Ceres Municipal Code to amend the regulations related to food trucks, including the following:
1. Removing the limit of 10 food trucks and distance buffers from other uses;
2. Describing the various types of Mobile Food Vendors and designating their approval authorities;
3. Clarifying the definitions used;
4. Increasing single food truck permit terms from 1 year to 5 years;
5. Allowing limited tables, tents, and seating;
6. Prohibiting music except at approved Special Events;
7. Requiring lavatories within 200 feet;
8. Clarifying the property owner's ability to revoke authorization and cause the permit to be revoked;
9. Limiting food trucks in Downtown Ceres; and,
10. Other miscellaneous amendments.
I. BACKGROUND:
Until 2018, Mobile Food Vendors (food trucks) were generally not allowed in Ceres. The City Council adopted an ordinance and policies permitting them on October 8, 2018. The original action allowed for a trial or “pilot” period to observe and determine the feasibility of the regulations. The pilot period was extended by Council action on August 26, 2019 ITEM 7
for a period of 12 months. Due to the onset of the COVID-19 pandemic and staff turnover, the pilot period expiration date passed and the food truck program continued under existing rules and policies.
II. REASONS FOR RECOMMENDATION:
1. Removing the limit of 10 food trucks and distance buffers from other uses One of the original limitations put in place by the City Council was a maximum limit of ten (10) total food truck locations for daily operations. Since 2021, the number of permitted food trucks has been at the ca p. Staff began keeping a list of interested parties that are waiting for an opening on the list of 10 permits. The current waiting list contains an additional 17 individuals. Since this waiting list continues to grow, staff has evaluated the issues involved with keeping the limit.
Numerous issues are created by the limit of 10, including the following:
a. Free market forces are restrained, and businesses are prohibited from opening or expanding, thus limiting the City’s commercial growth, decreasing the availability of food options for residents and travelers, creating a monopoly for those that hold existing permits, and stifling job opportunities. b. Individuals on the waiting list face economic uncertainty in the process as they approach the “front of the line” and must immediately schedule the acquisition of equipment and health permits to avoid causing further delays for those waiting “behind them in line”.
c. Staff resources are being spent on time -consuming enforcement efforts to prove whether a food truck permit is being actively used and revoking inactive permits to clear room on the list of 10 permits.
During the community meetings, there were some suggestions (see attached comments) from the community to increase the limit to a number greater than 10.
However, the above issues w ill remain if the limit persists. Therefore, staff proposes removing the limit.
The currently required distance buffers are 1,000 feet between food trucks, and 350 feet between food trucks and either parks or enclosed restaurants. These distance buffers create similar issues in restraining free market forces. According to public comments received, the greatest non -governmental hinderance for opening a food truck business is finding a non-residential property owner that is willing and able to support the food truck on site with appropriate lavatory and parking facilities. There is therefore a natural limitation on feasible locations for food trucks based on the requirement for lavatory and parking facili ties. Staff recommends removing the distance buffers considering that such buffers do not exist for any other type of business (for example, between fast food buildings) and given the natural limitation of feasible locations for food trucks.
2. Describing the various types of Mobile Food Vendors and designating their approval authorities
Currently, the regulations for food trucks is contained in the Ceres Municipal Code and a policy document (see the attached Itinerant Restaurant Standard Conditions of ITEM 7
Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits). Staff proposes to incorporate the key regulations from the policy document into the Municipal Code and only use the Municipal Code going forward in order to have all reg ulations in a single document for clarity and ease of use.
Therefore, clarifications were added to the Municipal Code to identify four types of Mobile Food Vendor Permits. See the attached draft Ordinance for details.
3. Clarifying the definitions used
Staff received community feedback to clarify the definitions used in the proposed ordinance, including vehicle, motor vehicle, trailer, trailer coach, and mobile food vendor. Staff therefore used definitions from the State Vehicle Code.
4. Increasing single food truck permit terms from 1 year to 5 years Through researching neighboring cities, staff found that the City of Modesto issues food truck permits on a 5 -year basis. Based on the positive outcomes of food truck operations during the pilot period, staff agrees with this approach and proposes single- food truck permits to expire on December 31 on the fourth year following approval.
For example, a food truck permit issued on September 3, 2023 would expire December 31, 2027. In this way, the City of Ceres would allo w up to 5 years for the food truck permit length. There would thus be greater regional permitting consistency.
Additionally, these small businesses would have more economic certainty to plan for their growth and stability in Ceres.
5. Allowing limited tables, tents, and seating
While gathering public comments at the community meetings, s taff received two opposing views regarding customer seating and shade tents: These items are either an aesthetic nuisance or they are an important business component in attracting customers. Through researching neighboring cities, staff found that both Modesto and Turlock allow up to two small tables with accompanying shade tents. Staff recommends allowing the same options for Mobile Food Vendors in Ceres in order to help them remain competitive in our region.
6. Prohibiting music except at approved Special Events
In order to mitigate potential ongoing noise issues, staff recommends only allowing live or amplified music at food trucks when there is an approved Special Use Event.
7. Requiring lavatories within 200 feet
Requiring lavatories within 200 feet was a regulation found only in the policy and not in the Ceres Municipal Code. Staff recommends including this important regulation in the Municipal Code.
8. Clarifying the property owner's ability to revoke authorization and cause the permit to be revoked
Staff recommends clearly stating in the Municipal Code that if the property owner that originally authorized a food truck decides to discontinue that authorization, then th e City would acknowledge the property owner’s wishes by revoking the Mobile Food ITEM 7
Vendor permit at that location. This procedure was implied but not clearly stated previously.
9. Limiting food trucks in Downtown Ceres
Staff received several comments at the com munity meetings requesting the prohibition of food trucks that may compete with community events in Downtown Ceres such as the Ceres Street Faire. The Ceres Street Faire Committee requires food vending participants to partner with local nonprofits for fund raising purposes.
Accordingly, staff recommends a prohibition on food truck permits in Downtown Ceres during the Street Faire event.
10. Other miscellaneous amendments
Other miscellaneous amendments, such as trash receptacles, lighting , and signage, are included in the attached draft ordinance.
III. FISCAL IMPACTS:
The proposed ordinance amendment is not anticipated to cause any fiscal impact on the City.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
Mobile Food Vendors provide the opportunity for a vibrant, livable community through increased cultural diversity in food options, and increase small business attraction and entrepreneurism. These opportunities coincide with strategic goals #2 and #3.
V. POLICY ALTERNATIVES:
As alternatives to amending the ordinance, the Council could decide to:
1. Leave the existing Mobile Food Vendor ordinance and policies in place as they currently exist by accepting the pilot program as permanent, or
2. End the Mobile Food Vendor pilot program by repealing the Mobile Food Vendor ordinance, thus banning existing and future Mobile Food Vendors.
VI. INTERDEPARTMENTAL COORDINATION:
City staff and the City Attorney were consulted in the preparation of this proposal.
VII. PUBLIC PARTICIPATION:
Staff facilitated two community meetings held on April 26, 2023 and June 21, 2023 to solicit public comments and questions about updating the City’s ordinance regarding food trucks. These community meetings were noticed and facilitated in both English and Spanish languages to encourage a wider reach and response. Through this community engagement, ideas were shared and staff developed the proposed amendments based on community feedback, comparisons to neighboring cities, and professional j udgment.
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Thus, staff believes that the proposal achieves mutual goals. The public is also encouraged to provide input at the July 10, 2023 City Council meeting.
VIII. ENVIRONMENTAL 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 tha t there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Thus, amending the applicable section of the Ceres Municipal Code as proposed is not subject to CEQA.
IX. STEPS FOLLOWING APPROVAL:
The City Council will consider approval of the second reading and adoption of the Ordinance at a later meeting of the City Council.
Approved by: _____________________
Douglas D. Dunford
Interim City Manager
Attachments:
1. Attachment A – Ordinance
2. Attachment B – First Community Meeting Comments April 26, 2023
3. Attachment C – Second Community Meeting Comments June 21, 2023
4. Attachment D – Itinerant Restaurant (Mobile Food Vendor) Standard Conditions of Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits
5. Attachment E – Public Hearing Notice
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ATTACHMENT A
ORDINANCE NO. 2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING CHAPTER 10, MOBILE FOOD VENDING FROM MOTOR VEHICLES OF TITLE 5,
BUSINESS LICENSES AND REGULATIONS, OF THE CERES MUNICIPAL CODE
TO AMEND THE REGULATIONS RELATED TO FOOD TRUCKS
WHEREAS, the City Council of the City of Ceres, State of California, has considered said proposal for an Ordinance Amendment to modify Chapter 5.10 of the Ceres Municipal Code, Mobile Food Vending from Motor Vehicles, to amend the regulations related to food trucks, including removing the limit of 10 food trucks and distance buffers from other uses, describing the various types of Mobile Food Vendors and designating their approval authorities, clarifying the definitions used, increasing single food truck permit terms from 1 year to 5 years, allowing limited tables, tents, and seating, prohibiting music except at approved Special Events, requiring lavatories within 200 feet, clarifying the property owner's ability to revoke authorization and cause the permit to be revoked, limiting food trucks in Downtown Ceres, and other miscellaneous amendments; and,
WHEREAS, the Community Development Department held community meetings on Apri l 26, 2023 and June 21, 2023 to solicit public feedback on this code, and considered all testimony and comments presented whether orally or in writing; and,
WHEREAS, the Community Development Department , in making a recommendation to the City Council to amend this code, found that t his proposed Ordinance Amendment is consistent with the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b- 3), the proposed 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 will not have any significant effect on the environment, and therefore, the proposal is not subject to CEQA.
NOW, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AND AMEND CHAPTER 10, MOBILE FOOD VENDING FROM MOTOR VEHICLES, OF TITLE 5, BUSINESS LICENSES AND REGULATIONS, OF THE CERES MUNICIPAL CODE, IN ITS ENTIRETY:
CHAPTER 10 M
OBILE FOOD VENDORSING FROM MOTOR VEHICLES
5.10.010 Purpose.
The purpose of this chapter is to establish a permitting and regulatory program for m
obile food vendors operating from motor vehicles, vehicles, trailers, and/or trailer coaches as defined in the California Vehicle Code. The provisions of this chapter allow the City to encourage small business activities while still permitting regulation and ITEM 7
enforcement of unpermitted mobile food vending activities to protect the public's health, safety, and welfare.
5.10.020 D efinitions. "Mobile food vendor" definition.
For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:
Applicant i
s the owner and/or primary operator of the Mobile Food Vendor operation.
Approving Authority is the Community Development Director or designee for all types of Mobile Food Vendor permits except those issued as Conditional Use Permits by the Ceres Planning Commission.
Mobile food vendor means a person who displays, prepares, or processes food on a motor vehicle, vehicle, trailer, and/or trailer coach for the purpose of selling food to a consumer. Mobile food vendor does not include a handcart or bicycle-pulled cart, which are regulated under Title 5 Business Licenses and Regulations, Chapter 17 Sidewalk Vending, of the Ceres Municipal Code. For the purposes of this Chapter, “Mobile Food Vendor’s vehicle or trailer” includes their motor vehicle, vehicle, trailer, and/or trailer coach.
Motor vehicle (as defined in the California Vehicle Code 415) is a vehicle that is self-propelled.
Trailer (as defined in the California Vehicle Code 630) is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.
Trailer coach (as defined in the California Vehicle Code 635) is a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle.
Vehicle (as defined in the California Vehicle Code 670) is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
5.10.030 P ermit ted sales. and Business License Required.
Mobile food vendors shall acquire must obtain a mobile food vendor permit issued under the provisions of this chapter, and any necessary business license as required by this title.
5.10.040 T
ypes of Mobile Food Vendor Permits.
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T here are four (4) types of Mobile Food Vendor Permits:
(1) An Administrative Use Permit (AUP) is required for properties with only a single Mobile Food Vendor and may be approved ministerially by the Community Development Director or designee. Such permits expire on December 31 on the fourth year following approval. For example, an AUP Mobile Food Vendor permit issued on September 3, 2023 would expire December 31, 2027.
(2) A T emporary Use Permit (TUP) is required for Mobile Food Vendors operating only during a special event pursuant to a Special Use Event permit (see Ceres Municipal Code 05.09 Special Events and Temporary Street Closures) and may be approved ministerially by the Community Development Director or designee.
(3) A C onditional Use Permit (CUP) is required for properties with multiple Mobile Food Vendors and may be approved discretionally by the Planning Commission. Any expiration of such a permit is determined by the Planning Commission.
(4) I ce Cream Truck Permit: Standards for ice cream trucks shall be governed under California Vehicle Code 22456 and may be approved ministerially by the Community Development Director or designee.
5.10.0 40050 General development and operational standards for mobile food vendors.
Unless otherwise exempt, tA. The following general and operational standards shall apply to all mMobile fFood vVendors (including ice cream trucks):
A1. All mobile food vendors shall obtain any required permits from the City, County, and the State, if applicable. The use shall not be conducted within any public right-of-way, except as permitted pursuant to a City-approved street closure.
B2. All mobile food vendorsThe use shall comply with the Vehicle Code and Health and Safety Code and shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, water quality, and environmental regulations and laws.
C3. Mobile fFood vVendors shall not operate in an unsafe manner, including but not limited to impeding on- or off-site vehicle circulation and obstructing the view of pedestrians by motorists.
D4. Operations on private property.
1. Notwithstanding any other provision of this chapter, mobile food vendors may operate on private property; provided, that prior to conducting such ITEM 7
business operations, they have the authorization from the property owner upon which the operations are occurring; and provided further, that they have the authorization from any other building-enclosed restaurant located within a 350-foot radius of the operations, as measured from the primary customer entrance of the restaurant; and provided further, that neither such restaurant nor the City has articulated a public safety concern due to traffic, parking, or otherwise, arising out of such mobile food vendor's operations. Vendor must be able to demonstrate property owner authorization as provided in this section. Mobile Food Vendors must provide written authorization of the property owner at which the Mobile Food Vendor operates. At any time, the property owner upon which a Mobile Food Vendor operates may revoke their authorization and in such case the City shall revoke the Mobile Food Vendor permit.
5.2. Mobile fFood vVendors shall not use or permit use of parking spaces on the site (e.g., for customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the Community Development Director.
6.3. Mobile f
Food vVendors shall provide adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.
E. Operations in public right-of-wa y.
1. Mobile food vendors shall not operate within 350 feet of any building- enclosed restaurant as measured from the primary customer entrance of the restaurant, except when the mobile food vendor has written authorization from all building-enclosed restaurants that are within that same 350-foot radius.
1. 7. Mobile fFood vVendors shall not stop, stand, or park in any clear vision triangle or no parking zone.
2. Mobile food vendors shall not operate within 350 feet of a public or private school in which children at or below the twelfth grade level are enrolled, and which is in session.
2. 8. Mobile food vendors shall maintain a clear path of travel on the sidewalk pursuant to the Americans with Disabilities Act free of customer queuing, signage, and all portions of the vehicle for the clear movement of pedestrians.
9. Mobile F ood Vendors are prohibited from operating within Downtown Ceres (as defined in the Ceres Downtown Specific Plan) during the annual Ceres Street Faire unless they are authorized participants.
10. The Mobile Food Vendor's permit shall be attached to and prominently displayed on the Mobile Food Vendor's vehicle or trailer.
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11. Mobile Food Vendors shall only operate within the days and hours of operation established in the permit. Mobile Food Vendor vehicles and/or trailers shall not be parked at their approved site(s) during non-operating hours.
Notwithstanding approved hours of operation, all activities are subject to the restrictions of the City’s Noise Ordinance requirements.
12. Mobile Food Vendors shall have a written agreement from an existing non- residential business establishment for use of lavatory facilities for the operators/vendors within two hundred (200) feet of the Mobile Food Vendor location.
13. No Mobile Food Vendor operation may occur within twenty (20) feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway.
A greater distance or separation from similar uses may be required to preserve line-of-sight, or for other safety reasons. The operation shall not damage landscaped areas.
14. Mobile Food Vendors shall have a trash receptacle at the operation for use by customers for disposal of refuse generated from this activity and shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust-controlled condition. Additionally, Mobile Food Vendors must have authorization from the property owner to allow the disposal of waste in appropriate waste receptacles on site.
15. Mobile Food Vendors shall have no more than two (2) small tables seating up to a total of ten (10) people.
16. Temporary canopies or tents associated with the Mobile Food Vendor shall not be located closer than twenty (20) feet from any building or structure. Such canopies or tents shall not be located within 100 feet from any flammable, combustible, or liquid petroleum gas dispensing or storage container.
18. Mobile Food Vendors shall not have live or amplified outdoor music. However, music may be permitted at City-approved Special Use Events.
19. No signs, balloons, or flags may be displayed on or off the site to promote the Mobile Food Vendor except those permanently affixed to the Mobile Food Vendor vehicle or trailer.
5.10.050 A dditional operational standards for ice cream trucks.
Standards for ice cream trucks shall be governed under Vehicle Code section 22456. In addition, development and operational standards in section 5.01.040 shall apply to ice cream trucks. To the extent that section 5.01.040 is more restrictive, it shall supersede the requirements of Vehicle Code section 22456. (Ord. No. 2020-1057 , § 1, 3-23-2020)
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5.10.060 Permit application.
An applicant for a m Mobile fFood vVendor's permit shall submit an application to the City Manager Community Development Department. The application shall include, among other things, the following:
A. The t rue legal name of the applicant, together with the names of all persons directly or indirectly interested in the conduct of such business, including all members of any firm or partnership. A corporate applicant shall list the officers, directors and principal owners, including all owners of ten percent or more of the corporate stock;
B. The e mail address, phone number and mailing address of the applicant; C. Proof of valid health permit(s) from the Stanislaus County Department of Environmental Resources, as required by applicable law or regulation; Whether the applicant has at any time been convicted of a felony or of any offense involving moral turpitude or has been convicted of any narcotics violation;
D. The proposed operating days and hours; Whether or not any permit or license heretofore granted to applicant to engage in any business or to do any act within the City or elsewhere has been revoked or denied, and, if so, the circumstances surrounding the revocation or denial;
E. A site plan showing Tthe location at which the applicant proposes to conduct the business;
F. The type of food, wares, or merchandise to be sold, the proposed hours of operation, and a description, drawing or and pictures of the front, side, and rear of the vehicle and/or trailer.motor vehicle and/or trailer coach vehicle which is to be operated as a Mobile Food Vendor at the location; G. A letter (to the City’s attention) from the property owner authorizing the Mobile Food Vendor at the proposed location, if on private property;Such additional information bearing on the identity and character of the applicant or applicant's employees, the location proposed or the nature of the business as the City Manager may require; and
H. A nonrefundable application fee pursuant to section 5.01.140.
5.10.070 D ecision and limitations.
A. The City Manager may deny an application for a mobile food vendor's permit if the applicant has been convicted of one of the type of category of crimes enumerated in section 5.10.060 of this chapter or, if in his or her opinion, the business is to be located or operated under circumstances where it would tend to cause a law enforcement problem or create a public nuisance or where the granting of the permit would not be compatible with the public health, safety, or welfare, or would ITEM 7
not comply with the provisions of this chapter or would be contrary to the public interest. The City Manager shall deny the permit if the application does not meet the location requirements or any other requirements of this this chapter.
B. The City Manager shall have the authority to limit the area which a mobile food vendor may cover, to approve the design of any mobile food vendor's vehicle, and to specify the exact location on a block where the mobile vendor shall operate, taking into account pedestrian and vehicular traffic flow and the other standards imposed by this article. The City Manager may impose such additional reasonable terms and conditions upon the operation of the business as he or she deems necessary or desirable under the circumstances to protect the health, safety, and well-being of the public. The City Manager may require all food to be located on the mobile food vendor's vehicle and may prohibit the location of any food on sidewalks.
C. If, for a period of ten or more consecutive days between May 1 and September 30, or 60 or more consecutive days between October 1 and April 30, a person with a mobile food vendor's permit fails to maintain or operate their business, then the permit shall be deemed abandoned and shall be revoked.
D. The mobile food vendor's permit shall be attached to and prominently displayed on the mobile food vendor's vehicle.
E. Prior to the issuance of any permit under this chapter, the applicant shall pay to the City any business operations tax required by section 5.01.140.
F. Decisions of the City Manager relating to the granting or denial of an application for a mobile food vendor's permit shall be rendered in writing not less than 60 days after the date of application. Copies of decisions shall be mailed to the applicants not later than five days after the date of decision, and shall be mailed to the address of any business, conducted on the street level, which is located within 100 feet of the site of the mobile food vendor's permit.
5.10.0 80070 Transfer of permit.
A mobile food vendor's permit is not property and shall have no value. Permits may not be sold, leased, assigned, hypothecated or transferred in any manner to another person, firm, partnership, or corporation, including new owners in a corporation or partnership, except that a mobile food vendor holding a valid permit may transfer said permit to another location where the mobile food vendor wishes to operate with the consent of the City ManagerApproving Authority.
--End of Chapter 5.10 Amendments--
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 ITEM 7
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.
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.
CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL . This Ordinance was introduced at a regular meeting of the City Council held on the 10th day of July 2023, and passed and adopted as Ordinance No. 2023-XXX at a regular meeting of the City Council held on the 24th day of July 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 7
ATTACHMENT B
First Mobile Food Vendor Community Meeting – A pril 26, 2023 Public Comments
1. Are the food trucks at the bars permitted? Week 1 truck X is there, week 2 truck Y is there.
2. How many food trucks does Modesto allow?
3. Doesn’t want to see Ceres become heavy with food trucks. Agree to go up 5-10 more trucks but not unlimited. Likes GrubHub in Modesto. Said it is clean and nice.
4. As chamber president, wants to promote growth but still wants to limit to not impact existing business. Have brought in numerous restaurants and does not want to impact them negatively by adding too many food trucks.
5. Problem is that people are selling food from their homes more than vendors. Not everyone selling food from their homes are permitted to do so.
6. Important for staff and electives to consider the most important thing about sales is “Location, Location, Location”. Gateway Center draws a lot of customers from HWY 99. Does not think those restaurants will be severely impacted by more food trucks throughout the city.
7. Breweries and bars need food trucks if they don’t serve food. People are not going to drink then go to Gateway to get food. It will help the brewery or bar business to partner with food trucks.
8. Alfonso and other city restaurants away from Gateway that are inner-city will be impacted by more food trucks.
9. Food trucks for when restaurants close and people still leaving bars and wanting to get food.
10. Subcategory for different times and locations so if 5 of 10 permits not operating then other trucks can have opportunity to operate. (Truck permits by hours of operation possibly, like shifts so only 10 active at one time)
11. Have a 90-day probation period. If truck is not there when they state they will be operating, then they get their permit revoked, and given to someone who wants to operate. Staff should drop in to see if they are operating, if not there after X number of times visiting location and truck not in operation, then they get their permit revoked.
12. Also need some way to check after probation period to make sure truck still operating.
13. Not fair for people on waitlist if not all 10 trucks are operating. Could the business the truck is operating at contact City to report lack of operation of truck?
14. Possible solution, reporting requirement like how taxes are collected for their business. The truck must report they are still active every 2 months or so as a requirement of having a permit.
15. During Covid, to obtain a grant and/or loan, a requirement was to link their business to social media to prove the business was in operation. We can make it a requirement where the food truck must post their approved hours and locations on social media, Facebook, Instagram, and such, and then must operate when and where permitted. City can track them on social media to make sure they are operating as permitted. Will also help the food truck with marketing and can be used as an electronic tracking method.
16. Track sales tax to see if truck is in operation. If the food truck has not paid taxes in X amount of time, revoke permit. If they are paying taxes, then food truck is obviously still in operation.
17. It would be hard to require the community to keep up with social media, as not everyone is tech savvy and would be at a disadvantage if the city were to use it as their method to track if the food trucks are operating during their permitted times and their permitted location. Not everyone knows how to use social media or is willing to use them.
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18. The ordinance is obviously going to be change the number of allowed permits. It is always a compromise. But the other important thing involved with the addition of more permits is to have enforcement. Code Enforcement is not always most responsive when an illegal truck is operating. Maybe 20 permits max with rotating system for different times of days/locations.
19. Suggest 1 year trial for business to build clientele for new trucks to operate as it takes time to build up business. 2-3 months is not enough time to determine if business will be successful or not. If the business started in the winter, it may take longer to build up clientele than a business that started in the summer.
20. If a business has a food truck operating outside, do they need a Conditional Use Permit? Does the food truck need permission from business operator or from business owner?
21. Food truck permit and business license should be conjoined so if they want to continue to operate, they must renew both at the same time.
22. Need to update definitions in the ordinance of mobile food vendor, trailers, etc. Motor vehicle definition is wrong in City Ordinance. Need to be clear between truck and trailer. Does it drive itself or is it towed behind something?
23. Mobile Food Vendor ordinance to include trucks and trailers in new definition.
24. Distance requirements will help limit number of vendors, but also need to make sure number of permits works with the available locations in the city. We don’t want too many permits and not enough space.
25. Would distance between locations prevent a GrubHub idea?
26. Ceres needs to formalize GrubHub type Use Type in ordinance for someone to establish one within the city limits.
27. Participants in GrubHub should not count towards 10 permits, or how ever many is decided.
28. There should be a time clock to measure how long it can take to start operating their food truck.
They can’t go 2 years without operating, thus keeping the permit from being used by someone else. Make it a requirement that they must be operational within a month. Either they use the permit or lose the permit. This will also help prevent people from getting permits with the intentions of only preventing other vendors to get a permit to lessen the competition.
29. The “operation days” language in Ceres Code is probably a blanket statement for governments to use when they need to defend revoking a permit for lack of operating.
30. Ceres does need to enforce operation, but not sure how to go about it.
31. Could have waitlist people make up GrubHub location until permits become available. The City should find a location that would work for GrubHub. Maybe the City can buy a location to operate a GrubHub. What zones would this be permitted in?
32. Does not want trucks to show up at the Ceres Street Faire and take away business from vendors.
How would the city prevent trucks from parking near events? Street Fair is operating for the benefit of non-profits and does not want for-profits taking business away from vendors inside the Faire. There needs to be a requirement added for trucks to not be allowed near events.
Keep trucks away from events.
33. Are trucks paying for same services as brick and mortar business for emergency services?
34. If truck is permitted and operates downtown, they should not be allowed to operate during event times if event is downtown. City should preserve known events and not allow food trucks to operate during or near those events. Entity putting on event should not be allowed to say if truck can or cannot operate near or during events.
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35. Need to make it known that businesses need to partner with a non-profit to sell food at Street Faire. Truck owners did not know how to sell at Street Faire.
36. Need to be sensitive to non-profits.
37. Does not want Ceres to get to the point the GrubHub does during the winter months where the trucks rotate operating so that all trucks get business at Modesto GrubHub.
38. Who owns the Modesto GrubHub? Did the owner partner with the city to do GrubHub?
39. It is important to encourage different kinds of foods to come to Ceres and not limit to certain kinds of foods. We don’t have a lot of Asian food or seafood restaurants, so we need to encourage different varieties of vendors to get more options for the residents.
40. Brick and mortar business have not partnered with the Ceres Street Faire to grow business, despite invitations to do so.
41. GrubHub in Modesto has truck that sells sushi.
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ITEM 7
ATTACHMENT C
Second Mobile Food Vendor Community Meeting – June 21, 2023 Public Comments
1. What will prevent multiple businesses from having a Conditional Use Permit for several food trucks, thus making the 10 permits obsolete? (Maybe limit # of trucks allowed per property like Modesto)
2. What issues are other cities having? Time consuming for City employees processing permits.
About 10% of one employee’s time. Same applies to Modesto.
3. Limit of 10:
a. What are other cities maximum limit for food trucks? No max in either city. b. The limit of 10 in the city is fine.
c. We are getting a lot of new fast food places and a lot of pop-ups who are taking business away from us who do have permits. Vendors are showing up after 6pm and they are probably not regulated or permitted.
d. Stay at 10, no more than 20 max.
e. Adding more will add more struggling businesses. We are tying to update Ceres so we don’t need to add more trucks.
f. Look at current trucks hours of operation
g. Trucks operating at different hours
h. Right now is a happy medium of trucks and restaurants, it would be good to keep it the same.
i. Maybe charge more for permit to keep the number of permits allowed low
4. Maybe bring a food truck commissary to an industrial area
5. Distance from events should be left up to who is organizing the event, as they would know the purpose of the event, except from the trucks that are permitted to attend to the event.
6. Min. 1,000 feet from all special events – Lyons are non-profit so we don’t want for-profit trucks taking business away
7. Special events – have event coordinator regulate the distance of out-side trucks based on how many trucks will be at event
8. Street Faire organizer shared that they should not decide how far food trucks should be from the Faire, but that the City should make that decision
9. Do existing trucks have to stop operation if they are close to the Street Faire or special event, or should City not allow trucks to be permitted near where we know special events happen every year?
10. City should not permit food trucks near events because it is not right to tell food trucks they cannot operate during event hours
11. Would make it easier for Code Enforcement to know if a food truck is permitted or not in an area near special events
12. Permit holders should get preference for special events in Ceres over outside businesses (direct them to contact Chamber or look on Chamber website to get added to list for events)
13. The minimum distance requirement self regulates the number of vendors as the City is only so big
14. Everyone should renew their permit at the same time every year, for example January 1 st, to
make it easier on staff
ITEM 7
15. 3 years or 5 years would be reasonable for permit renewal
16. 5 year would be great – but if you sell your business, does the permit transfer to the new owners of the business?
17. Annual permit forces City to confirm whether food truck remains in compliance – then do two renewals per month to reduce staff time, and allows 24 permits for the City
18. People should have everything ready to go if they want to get on list for a permit or give a specific time limit for people to provide all required documents to obtain permit so it does not waste more time for others waiting on the list
19. 30 days max for a truck owner to turn in all paperwork once offered permit
20. Having tables and canopies doesn’t bring a good look for the City and will generate a lot of trash
21. I like the idea of 2 tables, we have a lot of people asking for tables so they can stay and eat. We make sure to keep our area clean around our truck and would keep the area around our tables clean if we could have them.
22. Canopies bring a lot of homeless people who just hang out all day, and also creates a safety concern with kids running around. We are by Whitmore and it would not be safe for kids to be running around there
23. Would food trucks take canopies and tables away with them when they leave at night? They should take tables and canopies with them every day and clean their site when they leave.
24. Required number of parking spaces for the food truck itself so it is not taking away from the businesses sharing the parking lot.
25. We already clean up everything at the end of the day, so removing the tables would not be a big deal. I would still like to have 2 tables at my location.
26. Would “GrubHub” location meet the location parameters in the ordinance?
27. Would “GrubHub” be allowed to have tables and canopies?
28. In Moab, Utah there is a “GrubHub” that has a central awning with tables for people to sit and enjoy food, about 20 food trucks, restrooms, it was very nice. We could have one here and make it very nice as well. I just don’t know how many homeless people are there.
ITEM 7
Itinerant Restaurant (Mobile Food Vendor)
Standard Conditions of Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits – SIX MONTH TRIAL PERIOD
The
differentiating factor between the Temporary Use Permit (TUP) a nd Administrative Use Permit (AUP) is the amount of time that each is authorized and the process by which they may be considered for approval. TUP’s and AUP’s for Mobile Food Vendors may be approved ministerially by the Planning Division. Time limits for Mobile Food Vendors are:
TUP
– For special use events (as defined under Section 18.50.050) and not more than 5 days during the six month trial period.
AUP – In conjunction with or to supplement an existing business and not more than 180 days during the s ix month trial period. No more than 10 AUP’s will be issued for locations within Ceres
Any
permit issued for a Mobile Food Vendor shall be reviewed annually for a possible renewal or a revocation, and it may be reviewed on a n as needed basis as determined by the City . If Conditions of Approval and Performance Standards are not being met, then either additional conditions may be imposed at the annual review, or the Permit may be terminated due to failure of compliance. I n no case, shall any Mobile Food Vendor be permitted to operate that would subject the public to health and safety concerns.
An a
dministrative use permit shall first be obtained authorizing the establishment of an itinerant restaurant vehicle in the Commercial and/or Industrial Zone Districts pursuant to Sections 18.20.040 (P-C) that have an underlying Commercial or Industrial General Plan designation), 18.24.080 (C-1), 18.26.080 (C-2), 18.30.080 (H-1), 18.32.080 (M -1), and 18.34.080 (M -2) of the Ceres Municipal Code, and to the “RC, Regional Commercial”, “CC, Community Commercial”, “HC, Highway Commercial” and “MX2, Mixed Use 2” zoning designations of the Mitchell Road Corridor Specific Plan.
Supplemental Temporary Use Permit and Administrative Use Permit Application Materials. In addition to the standard application submittal requirements, each TUP and AUP applicant shall provide the following:
(a) Co
mpleted application, including a written description of the proposed vending activity (which would also identify the applicant’s intended days and hours of the operation). (b) Legal names of vending business owner and/or operator. (c) Proof of valid City of Ceres business license. (AUP only) (d) Proof of valid health permit(s), if required by applicable law or regulation. (e) Photocopy of valid form of identification (i.e. driver’s license) for business owner and operator. (f) Color photographs showing the front, sides, and rear views of the vending vehicle (i.e. mobile food truck), and of the proposed location for vending.
(g) P rovide a site plan for all proposed stationary location(s) and a map of the proposed route/area of vending.
(h) Dimensioned sample or rendering of proposed signage. (i) Non-refundable application fee: * For a TUP: $250. * For an AUP: $360. (j) If an applicant proposes to vend from a single location for more than four (4) consecutive hours at a time, the applicant must identify the location of an available restroom to be used by the vendor. (k) A letter from the property-owner approving the proposed operation.
General TUP and AUP Conditions and Performance Standards for Itinerant Restaurant Vehicles
ATTACHMENT D
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(a) No person(s) may engage in vending in any location within the City of Ceres unless the conduct of that activity meets each of the following criteria listed below, and unless the person is operating under and by the authority of a valid TUP and AUP during the six month trial period, (Itinerant Restaurant Vehicle).
(b) The permit shall address, and the vendor shall comply with, the following items:
(1) General. The City may impose conditions on the Permit as it deems necessary for health and safety, and/or to mitigate the impact of vending on an area. This may include the imposition of additional conditions and/or stricter requirements than identified below.
(2) H ealth Permit. Vending of food, produce, or other edible items requires valid health or other permit(s) issued by the appropriate agency (i.e. Stanislaus County Department of Environmental Resources (DER). Said health permit(s) shall be obtained from the appropriate agency prior to the submission of a City TUP/AUP application to the Planning Department and evidence of the valid permits shall be supplied to the City with the application.
(3) Shall Not Obstruct or Create Hazards. Vendors shall not obstruct site visibility, vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to the curb, and shall not create public health or safety hazards.
(4) Hours of Operation. Vending shall be conducted within the hours of operation established in the Permit or be similar to the hours of operation of the business that they supplement . In no case, shall operators/vendors be allowed after the hour of 12:00 a.m. or prior to 7:00 a.m. Mobile food vehicles shall not be permitted to be parked at their approved site(s) during non- operating hours. Notwithstanding approved hours of operation, all activities are subject to the restrictions of the City’s Noise Ordinance requirements.
(5) Signage. No more than one sign is allowed associated with each Permit. The sign shall not exceed ten (10) square feet and shall be affixed to the vehicle or device from which the goods or merchandise are being vended. Any signage other that what is noted here is prohibited.
(6) Number of Permits. AUP - Each property or designated space of vending shall require a n AUP.
If multiple designated spaces of vending are under the same ownership or management at the same property, then they may secure one AUP for vending and allow multiple operators/vendors access to that approved location; however, in no case, for the said AUP shall there be more than one operator/vendor on a property at the same time. In locations where vendors are operating, they must provide proof that all provisions listed here have been met, including but not limited to, Stanislaus County Department of Environmental Resources (DER, aka: Health Department) approval and approval of a City of Ceres Business License.
TUP – Each property or designated space of vending shall require a TUP.
TUP’s may be granted for private property and may include multiple vendors during an event. TUP’s may be issued for vendors to locate upon public property, but in those instances may require additional approvals such as street closure permits.
(7) Business License. AUP vendors shall have a valid City of Ceres business license prior to being allowed to operate.
(8) Sanitary Facilities. Operators /vendors shall have a written agreement from an existing business establishment for use of lavatory facilities by the operators/vendors and patrons within 200 feet of the vehicle’s location. This requirement would apply to AUP applications. Sanitary Facilities for any TUP will be set at the time the application is filed and a permit issued.
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(9) Indemnification. As a condition of issuance, the vendor /operator agrees to indemnify, hold harmless, and defend the City and its representatives against liability and/or loss arising from activities connected with and/or undertaken pursuant to the Permit. The City is not liable for any business loss, property loss, or other damage that may result from use of the Permit, or suspension or revocation of the Permit, and no vendor shall maintain any claim or action against the City, its officials, officers, employees, or agents on account of any suspension or revocation.
(10) Property Owners Approval. Permit applications must include the written approval of any property owner (in the form of a letter to the City’s attention) whose property will be used for vending.
Vending on private property must comply with any development conditions imposed on the private property, and all requirements of the appropriate zoning category.
(11) Other Applicable Regulations. The vendor/operator shall conform at all times with all applicable City and governmental requirements, including without limitation, the Americans with Disabilities Act, health and safety regulations, local zoning, and applicable redevelopment regulations.
(12) Term of Permit during six month trial period. The maximum Term for a TUP is 5 days during the trial period, while an AUP is less than 180 days during the trial period. At the conclusion of the trial period, the City will either determine if an extension of the trial period is warranted, or direct staff to either amend the Municipal Code to allow mobile food vendors, or terminate the program altogether.
(13) Transferability. A Permit is not transferable to any entity or person or property and is valid only as to the original applicant and at their original location. AUP applications shall state if a property is requesting approval of a mobile food vendor that may have multiple vendors utiliz ing a property over the course of a permit. However, in no case, for any AUP shall there be multiple mobile food operators/vendors on a property operating at the same time.
(14) Proximity to Other Items. No vending may occur within twenty (20) feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway. A greater distance or separation from other uses may be required, under the Permit, in order to preserve line- of-sight, or for other safety reasons. The vending shall not damage landscaped areas.
(15) Appearance and Storage. The vendor shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust -controlled condition. With the exception of approved stands, the vendor shall remove all evidence of vending and leave the site in a clean state at the close of each business day including any trash that was generated by that activity.
(16) Lighting. Vending may not occur after dark unless appropriate lighting is provided, or an exemption from this requirement is specifically granted as a part of the Permit due to the type of activity (e.g. one-time permit for itinerant vending at a special nighttime event).
(17) Parking. Prior to issuance of any Permit, the City shall confirm that an acceptable area for customer parking exists, or must specifically exempt the vendor from this requirement due to the nature and/or location of the use. Parking for the vendor shall be specified pursuant to the permit. The vendor shall not indicate exclusive roadway parking or reserve any public parking area for the vendor’s customer parking.
Vendors shall not park or set up their operations within designated Amer ican Disability Act (ADA) handicapped parking stalls, loading spaces, and walkways or ramps that are part of an ADA designated space or area.
(18) Location on Particular Roadways. Vending is prohibited along roadways. This requirement would apply to AUP applications. A TUP proposal could potentially allow for vending within said roadways for a special event and with necessary street closure approvals from the City.
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(19) Security. Subject to review of the TUP or AUP, the City may require special security features for the mobile food vehicle or the vendor, including, but not limited to a condition that t he mobile food operator/permittee shall install signage that loitering is not permitted and customers may only remain on the lot for up to 15 minutes after receiving their food. If applicable, the operator shall enforce the no- loitering rule.
(20) Number of Vendors and/or Operators. The City may limit the number of vendors at any one location or within an area, or limit the number of operators, sales persons, or others engaged in the act of vending for any one owner or permittee at the requested or approved location. Additionally, approved locations for mobile food vehicles shall not be located within 1,000 foot radius from another approved mobile food vehicle location. Special events authorized by a TUP are not subject to the separation requirement noted above.
(21) Design and Set-up of Vehicle for Vending. The width, length, and height of all vendor vehicles and devices shall be subject to review as a part of consideration of the Permit. The City’s review shall include but not be limited to color, materials, and appearance of the vending vehicle or device; accessories (including ice chests and trash receptacles); and maneuvering necessary for set -up and takedown. Vending vehicles or devices shall be designed such that they add to the aesthetic value of the vicinity. A site plan of areas at which stationary vending will occur must be provided, and is subject to City discretionary review.
The area of vending activity (excluding parking) shall be specified under the Permit and shall not generally exceed 200 square feet.
(22) Tables/Chairs/Shade Structures/Easy-Ups/Pop-Out Tents. Tables/chairs/shade structures/easy- ups/pop-out tents for use by customers shall generally be prohibited unless the vending is occurring in an area that is already specifically designed for such purpose, su ch as a plaza, park, or other public open space area with adequate restroom facilities, or if specifically required as a part of the Health Department conditions.
(23) Trash Receptacles. Operators/vendors shall have a written agreement with property owner(s)/business owner(s) of existing business establishment(s) to allow for the use of their existing trash receptacle(s)/enclosure(s). Operators/vendors shall have a trash receptacle adjacent to t he vehicle for disposal of refuse generated from this activity.
(24) Permit Display. Vendor permits and business licenses must be prominently displayed on the vehicle or device for vending, or if stationary, at the location of vending.
I have read and understand the Itinerant Restaurant (Mobile Food Vendor) Standard Conditions of Approval and Performance Standards for Temporary Use Permits and Administrative Use Permits and agree to operate in accordance with these conditions and standards.
___________________________________ ____________________ Owner/Operator/Vendor Date
_______________________________________ ____________________ City of Ceres Staff Date
i:\planning\dept\planning\pc\2018\mobile food vehicles\itinerant restaurant standards ceres - final 10-8-18.doc ITEM 7
ATTACHMENT E
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing on Monday , July 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:
1. A hearing to consider an amendment to the Ceres Municipal Code, Title 5 Business Licenses and Regulations, Chapter 10 Mobile Food Vending from Motor Vehicles. In 2018, a pilot program was initiated to allow up to 10 food trucks in the City of Ceres. After reviewing the food truck program over the last five years, adjustments are being proposed based on feedback from community outreach meetings, including consideration of the limit of 10 food trucks.
Location: Citywide
Applicant: City of Ceres
CEQA: Exempt per Section 15061(b-3)
Public comment may be submitted by emailing [email protected] by 4:00 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, July 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: June 28, 2023
/s/ Fallon Martin, City Clerk
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