Agenda — Ceres City Council, October 9, 2023

AGENDA
Amendment #1
Dated: October 4, 2023

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, October 9, 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)
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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
October 9, 2023

Page 2 ends

INVOCATION

Invocation by Dick Conners, Ceres First Baptist Church.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. Proclamation for Ivy Lafoon

B. Proclamation for National Fire Prevention Week

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

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

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR
All matters listed on the consent calendar are 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 August 28, 2023 City Council Meeting was Posted on Wednesday, October 4, 2023. (City Clerk)

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

3. Approval of Minutes for the following Regular City Council Meetings:
a. September 11, 2023 (City Clerk)

4. Register of Audited Demand(s) Dated September 13, 2023 through September 21, 2023. (City Manager)
AGENDA
Regular City Council Meeting
October 9, 2023

Page 3 ends

5. Resolution No. 2023-XXX, Accepting River Bluff Pump Station Project as Partially Complete and Releasing a Partial Retention Amount to the Contractor. (Waugh)

6. Resolution No. 2023-XXX, Approving Amendment No. 1 to the Fiscal Year 2022- 2023 Carryover Appropriations and Amending the 2023 -2024 Budget . (City Manager)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

7. Resolution No. 2023 -XXX, Declaring Certain City -Owned Parcels as Surplus Land Pursuant to the Surplus Land Act and Authorizing the Interim City Manager to Conduct Negotiations for the Disposition of the Surplus Parcels. (Hoem)

8. City Council Rules and Procedures Workshop and Approval of Guidelines for Teleconference Usage in City Council Meetings for Staff and Consultant Participation and Public Comment Restrictions. (City Attorney)

PUBLIC HEARING

None

NEW BUSINESS

9. Resolution No. 2023 -XXX, Approving the Ceres Economic Development Strategic Plan 2023-2027. (Hoem)

10. Resolution No. 2023-XXX, Awarding the Contract for the Site Improvements for the Public Safety Training Facility Project Located at Fire Station No. 3 to Machado & Sons Construction, Inc., Authorizing a 10% Contingency, and Authorizing the Interim City Manager Execute the Contract. (Waugh)

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).

11. Proposing a Four-Way Stop at Roeding Road and 9th Street (Requested Referral by Vice Mayor Silveira at September 11, 2023 City Council Meeting)

AGENDA
Regular City Council Meeting
October 9, 2023

Page 4 ends

12. Proposing Cameras be Installed at Independence Park (Requested Referral by Councilmember Vierra at September 11, 2023 City Council Meeting)

13. Proposing a City-Wide Yard Sale Event
(Requested Referral by Councilmember Vierra at August 28, 2023 City Council Meeting)

14. Creating a Downtown Streets Team
(Requested Referral by Councilmember Vierra at August 28, 2023 City Council Meeting)

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

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

CLOSED SESSION

15. Public Employment, Cal. Gov’t Code §54957(b)(1)
Title: City Manager

16. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: Interim City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on October 23, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

AGENDA
Regular City Council Meeting
October 9, 2023

Page 5 ends

Council Agenda:

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

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2 220 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 Wednesday, October 4, 2023, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

HONORING THE LIFE OF IVY JEAN LAFFOON

WHEREAS, Ivy Jean Laffoon was born o n April 8, 1939 in San Diego, California, a ttended Mt. View Grammar School, Modesto High S chool, and graduated Turlock High School; and

WHEREAS, Mrs. Laffoon was active in her community, serving in variou s roles with a number of responsibilities; and

WHEREAS, owning Laffoon’s Res taurant and The Snack Shack as well as managing The Swiss Pretzel kept her very busy and interacting with the community; and

WHEREAS, she served as the Secretary -Treasurer for the Ceres High School Booster Club for a number of years; and

WHEREAS, Mrs. Laffoon was elected to the City of Ceres ’ City Clerk position and oathed in on April 20, 1982; and

WHEREAS, Ivy served as the Ceres City Clerk from April 13, 1982 until September 22, 1985; and

WHEREAS, during City Clerk Laffoo n’s time in office she executed over 500 resolutions, 120 City Council m eeting agendas and official m inutes, and 55 ordinances; and

WHEREAS, on September 23, 1985, Mayor B rian Car lin presented City Clerk Laffoon with a key to the City for her dedicated service to the community.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres , on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey, Rosalinda L. Vierra, and Daniel A. Martinez , do hereby honor the life of Ivy J ean Laffoon in the City of Ceres.

Proclaimed this 9th day of October, 2023

___________________________
Javier Lopez, Mayor
ITEM A
ITEM A

DECLARING OCTOBER 8th – 14th, 2023 AS

NATIONAL FIRE PREVENTION WEEK

WHEREAS, the Modesto Fire Department is teaming up with the National Fire Protection Association (NFPA) , the official sponsor of Fire Prevention Week (FPW) for more than 100 years, to promote this year’s FPW campaign, “Cooking safety starts with YOU. Pay attention to fire prevention.”; and
WHEREAS, the campaign works to educate everyone about the simple but important actions they can take when cooking to k eep themsel ves and those around them safe; and
WHEREAS, according to NFPA, cooking is the leading cause of home fires and home fire in juries in the United States. Una ttended cooking is the leading cause of cooking fires and deaths; and
WHEREAS, “Year after year, cooking remains the leading cause of home fires by far, accounting for half (49%) of all U.S. homes fires, ” said Lorraine Carli, Vice President of Outreach and Advocacy at NFPA. “These numbers tell us that there is still much work to do when it comes to better educating the publ ic about ways to stay safe when cooking.”; and
WHEREAS, the Modesto Fire Department encourages all residents to embrace the 2023 Fire Prevention Week theme, “Cooking safety starts with YOU.”; and WHEREAS, the Modesto Fire Department offers these key safety tips to help reduce the risk of a cooking fire:

1. Watch what you heat. Always keep a close eye on what you are cooking. Set a timer to remind you that you are cooking.

2. Turn pot handles towards the back of the stove. Always keep a lid nearby when cooking. If a small grease fire starts, slide the lid over the pan and turn off the burner.

3. Have a “kid- and pet-free zone” of at least 3 feet around the stove or grill and anywhere hot food or drinks are prepared or carried.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey, Rosalinda L.

Vierra, and Daniel A. Martinez , do hereby declare October 8 th – 14th, 2023 as National Fire Prevention Week in the City of Ceres.

Proclaimed this 9th day of October, 2023

___________________________
Javier Lopez, Mayor
ITEM B
ITEM B

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, September 11, 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

Ma
yor Lopez called the September 11, 2023 regular meeting to order at 6:00 p.m.

ROLL CALL

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

Martinez (District 4)

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

INVOCATION

I
nvocation by Chris Henry, Valley Christian Center.

PLEDGE OF ALLEGIANCE

P
ledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. C
rosstown Showdown Certificates

Certificates issued to:
• Greg Magni, Athletic Director (Central Valley High School) • John Bussard, Athletic Director (Ceres High School)
• Derrick Goblirsch, Head Football Coach (Central Valley High School) • Dan Pangrazio, Assistant Superintendent, Student Support Services Division (Ceres Unified School District)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 11, 2023

Page 2 ends

Central Valley Varsity Athletes:
• Juan Alonzo
• Mario Gonzalez
• Darrius Jackson
• Josh Ludwig
• Andrue Olivas
• Cesar Pimentel
• Anthony Ramirez
• Josiah Sandoval
• Edmund Stewart
• Joseph Zuniga

B. National Suicide Prevention & Action Month Proclamation

Patricia Pacheco from the American Foundation for Suicide Prevention accepted the proclamation.

C. 9/11 Day of Service and Remembrance Proclamation

Modesto Fire’s Deputy Fire Chief, Darin Jesberg, accepted the proclamation.

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

Gene Yeakley spoke regarding the cannabis legal service charges on the register of audited demands.

Dave Pratt spoke regarding the foxtail cleanup performed by the City.

Resident (did not give name) spoke regarding parking in front of fire hydrants in residential neighborhoods.

APPOINTMENTS TO BOARDS/COMMISSIONS

N
one

CONFLICT OF INTEREST DECLARATION

N
one

CONSENT CALENDAR

A
ction: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira approving items 1 – 3 and 5 – 14. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 11, 2023

Page 3 ends

1. Clerks Report of Posting. The agenda of the August 28, 2023 City Council Meeting was Posted on Wednesday, September 6, 2023. (City Clerk)

3. Approval of Minutes for the following Regular City Council Meetings:
a. A ugust 14, 2023
b. August 28, 2023 (City Clerk)

4. Removed for separate consideration.

5. General Correspondence – Information Only
a. Per-and Polyfluoroalkyl Substances (PFAS) Notification Level Exceedance for Well 34. (Royal)

6. Resolution No. 2023-119, Awarding a Custodial Services Contract for the Ceres Community Center to Environment Control and Authorizing the Interim City Manager to Execute the Contract. (Royal)

7. Resolution No. 2023 -120, Accepting the Office of Justice Program, Bureau of Justice Assistance 2022 through 2024 Bulletproof Vest Partnership Grant and Approving a Fiscal Year 2023-2024 Budget Amendment. (Collins)

8. Resolution No. 2023-121, Approving a Contract with Gallo Winery for Use of the Police Department Firing Range for a Term of Three (3) Years at a Use Rate of $1,200.00 Per Year and Authorizes the Interim City Manager to Execute the Contract. (Collins)

9. Resolution No. 2023 -122, Awarding the Design Contract for the Morgan Road Storm Drain Improvement Project to GDR Engineering, a 10% Contingency, and Authorizing the Interim City Manager to Execute the Contract. (Waugh)

10. Resolution No. 2023 -123, Awarding a Professional Services Contract for the Parks and Recreation Master Plan Update to O’Dell Engineering and Authorizing the Interim City Manager to Execute the Contract. (Waugh)

11. Resolution No. 2023 -124, Awarding a Professional Engineering Services Contract for the 2023 Sewer System Master Plan Update to Stantec Consultant Services Inc. and Authorizing the Interim City Manager to Execute the Contract. (Waugh)

12. Resolution No. 2023 -125, Awarding a Professional Engineering Services Contract for the Water Master Plan Update to West Yost Associates, Authorizing ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 11, 2023

Page 4 ends

a Budget Amendment and Authorizing the Interim City Manager to Execute the Contract. (Waugh)

13. Resolution No. 2023-126, Accepting the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year (FY) 2022 -2023 Prepared for the Stanislaus Urban County Consortium. (Hoem)

14. Resolution No. 202 3-127, Authorizing the Use of American Rescue Plan Act (ARPA) Funds for Consulting Services by Tyler Tech to Complete the Implementation of Payroll and Human Resources Modules and Authorize a Budget Amendment to Appropriate Funds. (City Manager)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 4:

Removed for separate consideration by Vice Mayor Silveira

Mayor Lopez asked for public comment.

Gene Yeakley spoke regarding the cannabis legal service charges on the register of audited demands.

Mayor Lopez closed public comment.

Action: Motion by Councilmember Martinez, seconded by, Vice Mayor Silveira approving item 4. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes

UNFINISHED BUSINESS

N
one

PUBLIC HEARING

N
one

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 11, 2023

Page 5 ends

NEW BUSINESS

15. R
esolution No. 2023 -XXX, Declaring Certain City -Owned Parcels as Surplus Land Pursuant to the Surplus Land Act, and Authorizing the City Manager to Conduct Negotiations for the Disposition of the Surplus Parcels. (Hoem)

Community Development Director, Christopher Hoem, introduced the item.

Mayor Lopez asked for public comment.

Gene Yeakley spoke regarding the display of associated maps to help visualize the location of the parcels.

Mayor Lopez closed public comment.

Council and staff discussion included removing and adjusting parcels on the list, the Walmart intersection on Service Road, planned carbon vessels on Parcel #3, pipes going across Parcel #2, and the condition of soil after installation of vessels.

Action: Motion by Vice Mayor Silveira, seconded by, Councilmember Martinez to table the item and for staff to provide clarity on the Walmart intersection, Parcel #2 and Parcel #3. Motion carried 3/2/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Yes Yes Yes No

Action: Motion by Councilmember Casey, seconded by, Mayor Lopez to declare Parcel #1 and Parcel #4 as surplus. Motion failed due to approval of first motion.

DISCUSSION ITEMS

16. Ce
res City Parks Walking Trails Improvements Project Update. (Royal)

Public Works Director, Samir Royal, introduced the item.

Mayor Lopez asked for public comment.

Gene Yeakley spoke regarding the location of the trails in the parks.

John Warren spoke regarding public input on the design of the trails.

Mayor Lopez closed public comment.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 11, 2023

Page 6 ends

Council and staff discussion included interference of the pump with the trail at Strawberry Fields and the spac e available around the basin, the walking path already at Riverview Park, funding, and qualification of CDBG or consortium money.

17. Mandatory Commercial Recycling Service Implementation. (Royal)

Public Works Director, Samir Royal, introduced the item. Administrative Analyst, Toni Cordell, gave the presentation.

Mayor Lopez asked for public comment.

Gene Yeakley spoke regarding recycling within the Ceres Community Center.

Mayor Lopez closed public comment.

COUNCILMEMBER REFERRALS

18. P
roposing a Four-Way Stop at North St. and Third St.
(Requested by Councilmember Martinez)

Councilmember Martinez request a four-way stop be installed at North Street and Third Street.

Mayor Lopez asked for public comment.

John Warren spoke regarding a stop sign being installed at Roeding Road and 9 th
Street and the process to request a stop sign.

Council consensus to have this item placed on a future agenda.

19. Proposing a Four-Way Stop at Roeding Road and 9
th Street.
(Requested by Vice Mayor Silveira)

20. Proposing Cameras be Installed at Independence Park. (Requested by Councilmember Vierra)

REPORTS

•
Mayor

Nothing to report.

• City Council

Councilmember Vierra spoke regarding her visit to various businesses to assess their ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 11, 2023

Page 7 ends

needs, the Homeless Alliance meeting this week, fire coordination and interaction with the community when responding to a house fire on Hackett Rd., thanked the Police Department for the ride along during the graveyard shift and looking forward to speaking with Captain Chris Perry about a Streets Team in Ceres.

Councilmember Casey spoke regarding the Veterans of Foreign Wars and American Legion 9/11 Ceremony.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Interim Fire Chief Kevin Wise spoke regarding him filling in as Interim Fire Chief and Chief Darin Jesberg’s assignment to Ceres.

Engineer Waugh gave an update on the Ochoa Park Project.

• County Supervisor

Nothing to report.

CLOSED SESSION

21. Public Employment, Cal. Gov’t Code §54957(b)(1)
Title: City Manager

REPORT FROM CLOSED SESSION

M
ayor Lopez reported out that direction was given to staff.

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on September 25, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
September 11, 2023

Page 8 ends

There being no further business, Mayor Lopez adjourned the meeting at 10:11 p.m.

_____________________________
Javier Lopez, Mayor

____________________________
Cristina Aguilar, Deputy City Clerk
for Fallon Martin, City Clerk

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

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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: October 9, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Kevin Waugh, PE., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT: Resolution No. 202 3-XXX, Accepting River Bluff Pump Station Project as Partially Complete and Releasing a Partial Retention Amount to the Contractor
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a resolution accepting River Bluff Pump Station Project as partially complete and releasing a partial retention amount to the contractor.

I. BACKG ROUND:

The Stanislaus Regional Water Authority (SRWA) is a Joint Powers Authority (JPA), which includes the Cities of Ceres and Turlock (Cities). Currently, the Cities rely on groundwater as their only source of drinking water supply. The State has identified the Turlock Groundwater Subbasin as a high priority basin under the Sustainable Groundwater Management Act due to subsidence of the basin. Reliance on groundwater as a single source of supply is not sustainable and has become less reliable due to both the decline in water quality and the increasing number of regulated contaminants.

The SRWA’s Regional Surface Water Supply Project is finally nearing completion and will deliver a long- term, sustainable water source that will allow for integrated use of groundwater and surface water and diversify the water supply portfolios for both Ceres and Turlock. The SRWA is currently constructing the Regional Water Supply Project, which will provide water from the Tuolumne River via an existing set of perforated pipelines installed in gravel about 8- feet below the bottom of the river bed (located just west of the Geer Road Bridge), a new intake structure and raw water pump station and pipeline. The raw water from the pipelines will be treated at a new water treatment plant and delivered to SRWA Service areas for municipal and industrial uses.

Construction of the local facilities required in each City to integrate this new supply source into their system is the responsibility of each City. This City of Ceres River Bluff Reservoir ITEM 5
& Pump Station Project was the City’s responsibility. It will be City’s terminus of the Regional Surface Water Supply Project and will supply high quality drinking water to City residents. To address their responsibility, the City Council awarded a contract for the River Bluff Reservoir & Pump Station Proje ct to Garney Pacific, Inc. on May 24, 2021, Resolution No. 2021-43 (See Attachment D) in the amount of $9,989,675.00, authorizing a 10% contingency of $998,967.00. The project involved furnishing and installing a complete water reservoir and pump station including grading, excavating, constructing a 3-million-gallon prestressed reinforced concrete reservoir, pump station, controls building, generator, up to 30- inch diameter welded steel piping, 18-inch pipe in Hatch Road, valves, vaults, asphalt pavement, and concrete work.

Substantial Completion was delivered to Garney Pacific, Inc. on May 25, 2023, by ICM, the City’s Construction Management Consultant. Garney overcame significant impediments to completing the work due to supply chain issues with electri cal components and control suppliers, but mostly due to the ongoing coordination with SRWA and Jacobs Engineering’s now in their 13- month delay. At the time of Substantial Completion, all parties agreed to split the two-year warranty period into two phases.

The first two-year warranty period phase began on May 25, 2023, and included all water reservoir and pump station components and systems that were completed, inspected, and tested prior to May 25, 2023. The second warranty period phase will cover all remaining components and systems once the SRWA and Jacobs Engineering begin
delivering surface water to Ceres and then set the Final Completion date; estimated in November 2023.

II. REASONS FOR RECOMMENDATION:

Garney Pacific has been making steady progress in completing the remaining punch list items within the required timeline. The remaining components and systems of the second two-year warranty phase have been identified, with an estimated value of work remaining at less than $20,000.00 (Attachment C). Final testing for the ClaVal valve will be conducted at the start of the SRWA Acceptance Testing. Additionally, the ATS VFD power outage components will undergo testing after the tank has been refilled. Final project closeout will not be issued until all punch list items have been addressed. Project completion estimated during the month of November 2023.

Given that the contractor achieved Substantial Completion three months ago and the current delays in completing the project are due to the delayed SRW A activities, staff believes that Garney Pacific is justified in receiving a partial retention release. Overall, Garney Pacific has been a reliable partner with the City of Ceres . Since May 25, 2023, the contractor has demonstrated a diligent work ethic in completing punch list items, and we expect this level of dedication to continue until the project is fully completed. Therefore, Staff recommends reducing Retention from 5% of the completed amount of work to instead hold $100,000.00 as retention until Final Completion. The excess retention amount above $100,000.00 shall be paid per Progress Payment No. 22 (See Attachment E) received from Garney Pacific for this purpose.

III. FI
S CAL IMPACTS:

Staff is requesting Council approve the release of partial retention in the amount of $417,668.38 to the contractor. The contract was awarded in the amount of $9,989,675.00, ITEM 5
plus a 10% contingency for the total amount of $10,988,642.50 per Resolution 21-43 (See Attachment D) . The construction total amount spent to date is $10,353,367.43. The remaining balance of $13,910.15 to complete the contract scope is held in account number 52795.800500. The re tainage balance of $100,000.00 will be retained 35 days after final completion (See Attachment E).

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

N/A
V. P OLICY ALTERNATIVES :

Council has the discretion to refuse to adopt this resolution and direct staff to hold all retention of contractor until 35 days after final completion.

VI. I NTERDEPARTMENTAL COORDINATION:

Upon partial acceptance of this work, Public Works Water Division will provide ongoing regular maintenance.

VII. P
UBLIC PARTICIPATION:

N/A
VIII. EN
VIRONMENTAL REVIEW :

All environmental work was completed prior to the award of this project.

IX. STEPS FOLLOWING APPROVAL:

The Finance Director to make the accounting entries to release the retention amount and pending delivery date of the emergency gen erator, the contractor will then complete the work in accordance with the contract proposal and file for notice of completion.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – ICM Substantial Completion Letter

3. Attachment C – Garney Punch List

4. Attachment D – Resolution 2021-43 Awarding River Bluff Project to Garney Pacific

5. Attachment E – Progress Payment No. 22

ITEM 5
ITEM 5

ATTACHMENT A
RESOLUTION NO. 2023-XXX

ACCEPTING RIVER BLUFF PUMP STATION PROJECT AS PARTIALLY

COMPLETE AND RELEASING A PARTIAL RETENTION AMOUNT TO THE

CONTRACTOR

THE CITY COUNCIL
City of Ceres

WHEREAS, City Council awarded a contract for the River Bluff Pump Station project to Garney Construction to furnish and install the River Bluff Tank and associated water transmission piping; and

WHEREAS, all work has been substantially completed as of May 25, 2023 in accordance with the contract proposal pending SRWA startup and delivery of surface water to the City of Ceres; and

WHEREAS, the SRWA has been delayed several months beyond its original completion date and will not be supplying water to the City of Ceres until early November 2023; and

WHEREAS, a 5% retention in the amount of $517,668.37 is held in project account; and

WHEREAS, Construction Management ICM group recommended the partial release of retention in the amount of $417,668.38, due to postponement by the SRWA activities; and

WHEREAS, the total estimated value of contract work remaining is less than $20,000.00; and

WHEREAS, staff is requesting to acknowledge partial project completion in order to release the retention amount of $417,668.38 to date; and

WHEREAS, final project closeout and release of the remaining $100,000.00 retention will not occur until final completion.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept River Bluff Pump Station Project as partially complete and releasing a partial retention amount to the contractor.

BE IT FURTHER RESOLVED the Finance Director to make the accounting entries to release the retention amount.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 9 th day of October 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
ICM
IcccI
7040 Settlers Trail
Shingle Springs, CA 95682 www.icmgroupusa.com

Phone 916-792-9871

June 23, 2023

Mr. Thomas Bailey
Garney Pacific, Inc.
324 E. 11th Street, Suite E2
Tracy, CA 95376

RE: River Bluff Reservoir & Pump Station Project
Response to Garney Pacific's request for Substantial Completion

Dear Tom,

ICM has evaluated Garney’s request for Substantial Completion via email from Thomas Bailey to Jeffrey Inferrera dated May 25, 2023. We agree that Garney reached Substantial Completion on May 25, 2023 with the understanding that significant work is still required to complete the Project and understanding that significant impediments to completing the work sooner was due to supply chain issues and coordination with SRWA. Please note the following:

A. Warranty: The two-year warranty period will start on May 25, 2023 for all components and systems currently in proven and tested working order. The two-year warranty period will start on all remaining components and systems once we reach Final Completion; said components and systems include the following:

1. ClaVal that will have final testing at the start of the SRWA Acceptance Testing

2. 30 inch Isolation Valve that will be installed at the start of the SRWA Acceptance Testing

3. ATS VFD components related to the automatic restart of pumps after a power outage that will be have final testing after the tank is refilled

B. Partial Release of Retention: The City intends to release retention in the amount of 200% of the remaining work; amount to be determined shortly.

C. Punchlist will be provided shortly, after an Owner walk through scheduled for the week of June 26.

Congratulations. We look forward to a successful completion of the Project.

Sincerely,
Inferrera Construction Management Group, Inc.

Jeffrey Inferrera, PE

Cc: Kevin Waugh, Sam Royal
ITEM 5
ITEM 5
Punch List Version 4
Owner: City of Ceres Update: 9/26/2023
Project: River Bluff Reservoir and Pump Station
Item # Description Note Reference
1 Damaged sidewalk concrete 3 page PDF
2 Repair park entrance gate
3 Repair pump station driveway gate
4 Replace pump station driveway gate motor cover
10 Clean dirt from Fire Supply Vault hatch
12 Repair damaged gate at entrance near tank chain link gate at tank entrance
13 Repair damage at chain link fence SW side near driveway mulitple locations 15 Repair SRWA Blow-off vault
18 Replace 16 lineal feet of chain link fence northeast corner next to wall C.02 19 Complete striping at crosswalk at Eastgate & Hatch at HC sidewalk/ramp 21 Paint discharge FM
22 Adjust vault lid so lip of vault lid fits flush with frame fire supply vault 23 Complete painting of pipe in Fire Supply Vault fire supply vault wait for infiltration fix24 Provide list of locks city is to swap out all electrical & equipment 31 Correct VFD fault code so it resets automatically on ATS cutover alleviate need to manually reset retest
32 Repair tank roof hatch latch above overflow pipe above overflow pipe 33 Complete SCADA shutdown alarms SCADA
35 Repair CMU wall SDAD-2
39 Test cathodic protection systems 13112
The City reserves the right to add to this Punch List until Final Completion.

The items on this list are not intended to add or delete work to the Contract.

ITEM 5
ITEM 5
ITEM 5
ITEM 5
Jeffrey Inferrera
7/27/23
ITEM 5
ITEM 5
ITEM 5
ITEM 5

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: October 9, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Douglas D. Dunford, Interim City Manager
[email protected], (209) 538-5751
SUBJECT: Resolution No. 2023-XXX, Approving Amendment No. 1 to the Fiscal Year 2022-2023 Carryover Appropriations and Amending the 2023 - 2024 Budget
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approv e Amendment No. 1 to the fiscal year 2022- 2023 carryover appropriations and amend the 2023-2024 Budget.

I. BACKGROUND:

The City Council approved the 2023- 2024 Budget on June 05, 2023. There are certain appropriations that need to be carried over from fiscal year 2022- 2023. The majority of these expenditures are Capital Improvement Projects that have not been completed, some are related to grant funding, and some were purchases not received before the end of the fiscal year.

This list is a continuation of the previous list from August 28 th Council Meeting. These are
additional projects that were discovered during an audit of projects.

II. REASONS FOR RECOMMENDATION:

The items in Exhibit “A” represent projects or commitments that are ongoing. In most cases, there is a binding document, such as a contract, requiring performance. In many instances projects are in process and can’t be stopped.

III. FISCAL IMPACTS:

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

N/A
ITEM 6
V. POLICY ALTERNATIVES:

There are no viable alternatives.

VI. INTERDEPARTMENTAL COORDINATION:

The list of open projects was sent out to the department heads and supervisors in order to obtain a more accurate listing of open and ongoing projects. The department’s input is a crucial part of the carryover process.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The Finance Department will process the budget amendment.

Approved by: ____________________
Douglas D. Dunford,
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Carryover Amendment No. 1
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2023-XXX

APPROVING AMENDMENT NO. 1 TO THE FISCAL YEAR 2022-2023
CARRYOVER APPROPRIATIONS AND AMENDING THE 2023-2024
BUDGET

THE CITY COUNCIL
City of Ceres

WHEREAS, the Ceres City Council approved the Fiscal Year 2023- 2024 budget on June 5, 2023; and

WHEREAS, the majority of the expenditures are Capital Improvement Projects that have not been completed, some are related to grant funding, and some were purchases not received before the end of the fiscal year; and

WHEREAS, the Amendment No. 1 to the Fiscal Year 2022- 2023 Carryover Appropriations (Attachment B) is a continuation of the previous list Council approved at the August 28
th City Council meeting.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby a pprove Amendment No. 1 to the Fiscal Year 2022- 2023 carryover appropriations and amends the 2023-2024 budget.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 9th day of October 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6

FUND ORG OBJ PROJECT PROJECT DESCRIPTION PROJECT STRING AVAILABLE BUDGET 253 25395 800500 PW2221 OCHOA PARK IRRIGATION, SOD, LANDSCAPE PW2221 -DESIGN -FUND 253 - 171.00 253 25395 800500 ENG2103 ROEDING HEIGHTS TENNIS COURTS RESURFACING ENG2103 -CONSTRUCT -FUND 253 - 25,000.00 253 Total NEIGHBORHOOD PARK FEES 25,171.00
271 27195 800500 ENG2101 20/21 PAVEMENT PRESERVATION ENG2101 -CONSTRUCT -FUND 271 - 39,166.03 271 27195 800500 ENG2104 DON PEDRO PARK SIDEWALKS ENG2104 -CONSTRUCT -FUND 271 - 25,000.00 271 27195 800500 ENG2108 SCHOOLS FLASHING BEACON ENG2108 -CONSTRUCT -FUND 271 - 49,595.00 271 27195 800500 ENG2205 PAVEMENT PRESERVATION 21-22 ENG2205 -DESIGN -FUND 271 - 1,000,000.00 271 27195 800500 ENG2206 SCHOOLS SAFETY IMPROVEMENTS (WALTER WHITE, MAE HENSLEY, CENG2206 -CONSTRUCT -FUND 271 - 4,488.00 271 27195 800500 ENG2227 ATP SRTS MORGAN CORRIDOR (072) ENG2227 -CONSTRUCT -FUND 271 - 1,810.01 271 27195 800500 ENG2302 RICHLAND AVE SIDEWALK IMPROVEMENT ENG2302 -DESIGN- FUND 271 400,000.00 271 27195 800500 ENG2304 PAVEMENT PRESERVATION 22-23 ENG2304 -DESIGN -FUND 271 - 1,040,608.00 271 Total MEASURE L 2,560,667.04
277 27795 800500 ENG2101 20/21 PAVEMENT PRESERVATION ENG2101 -CONSTRUCT -FUND 277 - 331,730.14 277 27795 800500 ENG2205 PAVEMENT PRESERVATION 21-22 ENG2205 -DESIGN -FUND 277 - 200,000.00 277 27795 800500 ENG2304 PAVEMENT PRESERVATION 22-23 ENG2304 -CONSTRUCT -FUND 271 - 200,000.00 277 Total SB1 ROAD MAINT & REHAB ACCOUNT 731,730.14
527 52795 800500 WTR2116 WELL 28 CONCRETE FLOOR & RETAINING WALL FY 20-21 WTR2116 -CONSTRUCT -FUND 527 - 150,000.00 527 52795 800500 WTR2120 RIVERBLUFF RESERVOIR & PUMP STATION PROJECT WTR2120 -CONSTRUCT -FUND 527 - 820.32 527 52795 800500 WTR2122 LOCAL FACILITIES PROJECT WTR2122 -CNST MNGMT-FUND 527 - 41,074.82 527 52795 800500 PW2305 ROOF REPLACEMENT-CITY HALL, FIRE STATION 1 & LEGION HALL WTR2305 -CONSTRUCT -FUND 527 - 70,229.03 527 Total WATER SERVICE FUND 262,124.17
567 56795 800500 SWR2112 SCHOOL FARM ABANDONMENT FY 20-21 SWR2112 -CONSTRUCT -FUND 567 - 28,105.00 567 56795 800500 PW2305 ROOF REPLACEMENT- CITY HALL PW2305 -CONSTRUCT -FUND 567 - 70,229.97 567 Total SEWER SERVICE FUND 98,334.97
Grand Total 3,678,027.32

ATTACHMENT B
Carryover Amendment No. 1Fiscal Year 2022-2023 Carryover Appropriations ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023-XXX, Declaring Certain City-Owned Parcels as Surplus Land Pursuant to the Surplus Land Act and Authorizing the Interim City Manager to Conduct Negotiations for the Disposition of the Surplus Parcels
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council consider approving the attached resolution declaring certain city-owned parcels as “surplus land” in compliance with the Surplus Land Act.

I. BACKG ROUND:

The City Council reviewed and discussed a previous proposal to declare certain city - owned properties as surplus land. After receiving direction from City Council, staff recommends the Council declare only 2 of the 4 previously discussed properties. The following report describes the recommendation in more detail.

The attached resolution declares certain city -owned parcels as surplus land and directs City staff to comply with the procedures of the Surplus Land Act (at Gov. Code, § 54220 et seq.). The Surplus Land Act intends to prioritize development of affordable housing and open space on the surplus land of public agencies. To accomplish this goal, the Surplus Land Act requires local agencies, prior to selling surplus land, to follow certain procedures so designated entities receive the first opportunity to express interest and negotiate with the local agency. The required procedures involve declaring available parcels as surplus land, sending a notice of availability to designated entities and then negotiating in good faith with any entity that expresses interest. After complying with the procedures, and if no deal is reached with a designated entity that expresses interest , then the agency may dispose of the land freely. Declaring parcels as surplus land does not constitute any agreement to sell the parcels.

ITEM 7
The parcels below are recommended to be declared as surplus land (see parcel maps attached to the resolution for further detail):

# APN Size (acres) Address Description
1 053-013-015 ~ 2.46 2807 E Service Rd Next to New Walmart 2 127-002-047 ~ 0.17 0 Arthur Way Vacant lot

The total acreage of the two surplus parcels is approximately 2.63 acres.

Parcel #1 is vacant land adjacent to the Walmart Supercenter’s stormwater basin on Service Road. Existing access to the site is from El Camino Avenue. If there is no interest from a designated entity, then staff may attempt negotiations with Walmart to potentially relocate the existing stormwater basin and realign Walmart’s Service Road driveway to create a four-way intersection with Ceres Gateway Center to the south.

Parcel #2 is a vacant corner property on Arthur Way at the end of Hollister Street. This site used to be a water well site and the well was removed. This lot may be suitable for residential development.

II. RE
ASONS FOR RECOMMENDATION:

Staff has not yet engaged in any formal negotiations regarding these properties. Staff is requesting that City Council declare the subject parcels as “surplus land”, in order for city staff to complete the surplus land procedures and negotiate sales with interested parties.

III. F
ISCAL IMPACTS :

There is no direct financial impact as a result of declaring parcels as surplus land.

Declaring the parcels as surplus land and following the Surplus Land Act procedures allows the City the sell the parcels in the future. Any proposed purchase of the surplus parcels would be referred to the City Council for consideration.

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

N/A
V. P OLICY ALTERNATIVES :

The City Council could decide not to declare one or more of the subject parcels as surplus land. Any parcels not declared as surplus land would not be eligible for property sale, transfer or negotiation.

VI. I
NTERDEPARTMENTAL COORDINATION:

The City Attorney and Community Development Department have been working to ensure compliance with the Surplus Land Act in advance of any decision on the property sales.

VII. P
UBLIC PARTICIPATION:

The public is invited to provide comments at the City Council meeting.

ITEM 7
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. ST EPS FOLLOWING APPROVAL :

If one or more of the subject parcels are declared to be surplus land, then staff will follow the required Surplus Land Act procedures for each declared parcel and commence negotiations with any interested purchaser.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Maps

3. Attachment C – Property Table

4. Attachment D – Draft Notice of Availability

5. Attachment E – Presentation

ITEM 7
ITEM 7

ATTACHMENT A
RESOLUTION NO. 2023-XXX

DECLARING CERTAIN CITY-OWNED PARCELS AS SURPLUS LAND

PURSUANT TO THE SURPLUS LAND ACT AND AUTHORIZING THE

INTERIM CITY MANAGER TO CONDUCT NEGOTIATIONS FOR THE

DISPOSITION OF THE SURPLUS PARCELS

THE CITY COUNCIL
City of Ceres

WHEREAS, prior to selling surplus land owned by the City of Ceres (“City”), the City must follow the procedures of the Surplus Land Act (Gov. Code, § 54220 et seq.) (known as the “Surplus Land Act”). The Surplus Land Act requires that the City provide cert ain designated entities with first opportunity to express interest in City-owned surplus land; and

WHEREAS, declaration of surplus land does not constitute actual sale of any of the identified parcels; and

WHEREAS, the identified parcels of surplus land are as follows, and are further described in the Maps and Property Table attached hereto as Exhibits 1 and 2.

APN Size
(acres)
Address Description
053-013-015 ~ 2.46 2807 E Service Road Next to New Walmart 127-002-047 ~ 0.17 0 Arthur Way Vacant lot

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby declare certain City-owned parcels as surplus land pursuant to the Surplus Land Act and authorizes the Interim City Manager to conduct negotiations for the disposition of the surplus parcels.

BE IT FURTHER RESOLVED that the City of Ceres City Manager or his appointee is hereby authorized and directed to send a written Notice of Availability in a form substantially similar to Exhibit 3 attached hereto, to negotiate the terms of any proposed sale, and to otherwise follow the requirements of the Surplus Land Act.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 9th day of October 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7
Parcel #1
Exhibit 1

ATTACHMENT B
ITEM 7
Parcel #2
Exhibit 1

ATTACHMENT B
ITEM 7
Parcel #1
Exhibit 1

ATTACHMENT B
ITEM 7
Parcel #2
Exhibit 1

ATTACHMENT B
ITEM 7
Exhibit 2 - Property Table
Jurisdiction
Name
Jurisdiction
Type
Site Address /
Intersection City Zip County APN
General Plan
Designation
(Current)
Zoning
Designation
(Current)
Minimum
Density
Allowed
(units/acre)
Maximum
Density
Allowed
(units/acre)
Parcel
Size
(Gross
Acres)
Existing
Use/Vacancy
Minimum
Sales Price
Last
Appraised
Value
Last
Appraised
Date
Optional
Information1
Ceres City 2807 E Service Rd Ceres 95307 Stanislaus 053-013-015 RC, Regional
Commercial
RC, Regional
Commercial 0 0 2.46 Vacant N/A N/A N/A
Ceres City
Arthur Way &
Hollister St Ceres 95307 Stanislaus 127-002-047
LDR, Low
Density
Residential
R-1, Single
Family
Residential 0 7 0.17 Vacant N/A N/A N/A

ATTACHMENT C
ITEM 7
ITEM 7

ATTACHMENT D
October 10, 2023
To All Interested Parties:

RE: Notice of Availability/Offer to Sell Surplus Property As required by Government Code Section 54220 of the State of California, the City of Ceres is providing notification that the City intends to sell the surplus property listed in the accompanying table.

In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was set via certified mail or electronic mail to notify the City of your interest in acquiring the property. However, this offer shall not obligate the City to sell the property to you. Instead, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms, the City may market the property to the general public.

As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60 day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.

In the event your agency or company is interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to Christopher Hoem, Director of Community Development, at 2220 Magnolia St. Ceres, CA 95307. You may also direct your questions to [email protected] or by calling 209-538-5778.

Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234) .

Exhibit 3 – Notice of Availability
ITEM 7
ITEM 7
Surplus Land
Ceres City Council – October 9, 2023

ATTACHMENT E
ITEM 7
Surplus Land Act
Prior to selling City-owned property, the City
must first provide an opportunity to negotiate
with affordable housing developers.
The previous Council item in September 2023
contained 4 properties. The two properties at
Whitmore Mansion have been removed from
this proposal.
The two proposed surplus properties are:
Next to Walmart Supercenter
Vacant single-family lot on Hollister Street
ITEM 7
Surplus Land Process
City Council declares surplus land.
Staff sends Notice of Availability to State.
Affordable Housing Developers have 60 days
to respond.
If they respond, then negotiate for 90 days.
If no response, then City may negotiate with any
prospective buyer.
City Council would make final decision to sell.

ITEM 7
Parcel #1 – APN 053-013-015
Vacant land adjacent to the Walmart
Supercenter’s stormwater basin on Service
Road.
Existing access to the site is from El Camino
Avenue, which will be removed during the
Diverging Diamond Interchange project.

ITEM 7
ITEM 7
ITEM 7
ITEM 7
Parcel #2 – APN 127-002-047
Vacant lot in a single-family residential zone
City abandoned well site
ITEM 7
ITEM 7
ITEM 7
Questions?
ITEM 7
ITEM 7

MEETING DATE: October 9, 2023

TO: Mayor and City Council

FROM: Douglas D. Dunford, Interim City Manager

CONTACT: Nubia I. Goldstein, City Attorney

SUBJECT: City Council Rules and Procedures Workshop and Approval of Guidelines for Teleconference Usage in City Council Meetings for Staff and Consultant Participation and Public Comment
Restrictions

RECOMMENDED COUNCIL ACTION:

Staff recommends that the Ceres City Council (the “ Council”) continue their review of the summary and recommendations for changes to the Rules and Procedures (the “Handbook”) and direct staff to prepare proposed changes for future Council action. Staff also requests Council’s direction and action on approval of modifications to the City’s teleconference policies, to limit Zoom participation to City of Ceres staff and consultants attending a City Council meeting remotely, but prohibiting public comment via Zoom unless a City Co uncil member is participating in the meeting via Zoom.

BACKGROUND:

The City of Ceres ( “Cit
y”) maintains a Handbook which documents currently accepted practices, rules, and processes for administration of Council matters. The Handbook sets forth expectations for Councilmember conduct and Council meeting procedures. Ceres is a “general law” city, which means it is organized and subject to California statutes and has only those powers expressly granted under the law. The Handbook is comprised of rules based on the City’s Municipal Code and the State of California Government Code. These bodies of law outline the local laws, statutes, and regulations which govern the City.

Upon r
eferral by Mayor Lopez at the January 9, 2023, Council meeting, the Council met on March 22, 2023, to commence a rules and procedures workshop to provide the Council and the public with an opportunity to discuss potential changes to the Handbook. Proposed

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
ITEM 8
changes were discussed for the first three chapters of the Handbook. Due to time constraints, the Council agreed to complete the workshop at a later date.

DISCUSSION:

The goal of the rules and procedures workshop is for the Council to identify topics or general areas of concern with the City’s current procedures, and to evaluate the Handbook for ways to improve it. The Handbook is intended to be a guide for the Council and this workshop is an opportunity for the Council to provide City staff with the necessary feedback to clear up any confusion or ambiguity in the City’s current practice.

Below is a list of amendments and additions to C hapters I through III at Council’s request during the first Handbook workshop session.

CHAPTER I -
GENERAL, POWERS AND DUTIES:

This section is comprised of sections (A) through (I) and details the composition of the Legislative body of the C ouncil, which includes the Mayor and four (4) C ouncilmembers.

This section also details the term periods, election process, and duties of the Mayor , Vice Mayor, and general duties/authority of the Council.

1. Section F - Vice Mayor Selection was amended to change the selection date from the first meeting in December to the first meeting following the certification of the election.

2. S ection G - Vacancies was added pursuant to Government Code Section 36512, to explain that a Councilmember vacancy should be filled by special election or appointment.

3. Section I - Interference in Staff Function was changed to “Council-Staff Relations” and the language was revised to clearly communicate the Council’s obligation to work through the City Manager in regard to concerns with City staff.

4. Section J - Council Position on Ballot Measure(s) or Legislative Proposals was amended to clarify the appropriate manner in which an individual Councilmember may express his or her opinions separately and apart from the Council body as a whole.

5. Section K - Council Conflicts & Liability was added to detail City Officials’ ethical duties regarding conflicts of interest pursuant to Government Code Sections 1090, 87105, 82033, 87406.3, and 53235.

CHAPTER II -
CITY COUNCIL MEETINGS:

This section is comprised of subsections (A) through (K) and details the different types of meetings held (i.e., regular, special, study sessions, etc.) and other proceedings ancillary to ITEM 8
the adjudication of C ouncil meetings such as voting requirements, meeting continuance or cancellation, and how to place items on the agenda.

1. Section C - Study Sessions was changed to “Workshops” at the direction of the Council.

2. Section H - Agenda was amended to require seventy-two hours' notice to request item placement on the agenda for regular meetings , and twenty -four hours ’ notice for special meetings.

3. Section I, Subsection 8 - City Council Referrals/Determination of Items for Agenda was amended to clarify the process for Councilmember referrals, including a deadline for placement on the agenda.

4. Section L - Presentations and Proclamations was added to clarify the process for requesting these actions through the City Manager.

CHAPTER III - DECORUM:

This section describes the circumstances in which a person may be removed from a Council meeting. It also describes the general behavior expectations of meeting participants.

This chapter was modified to conform to the Ceres Municipal Code sections governing the Rules of Civility, by separating the requirements for City representatives and members of the public and including the City’s right of enforcement against disruptive behavior pursuant to the Ceres Municipal Code Section 2.17.120 through 2.17.160 and Government Code Section 54957.95.

TELECONFERENCING POLICIES:

Recently, there has been an increase in instances of members of the public anonymously interrupting city council meetings throughout the region through virtual attendance platforms such as Zoom. Currently, the City allows public participation in City Council meetings via Zoom at all City Council meetings, whether a City Council member is attending the City Council meeting remotely or not.

Previously, AB 361 allowed for meetings to be held entirely virtually. Under the provisions of AB 361, virtual meetings were required to permit live public comment via the internet. AB 361 became inactive in February of 2023 when the State of Emergency associated with the Covid-19 pandemic expired. Since the expiration of AB 361, City Council members have only been allowed to participate in meetings virtually under certain circumstances,. When a member of the City Council teleconferences into a meeting, the opportunity for public comment must also be available virtually.

At a meeting that all City Council members participate in-person, there is no requirement that members of the public be allowed to comment virtually. The Brown Act requires merely that ITEM 8
the public be permitted to directly address the City Council, and notes that t he “legislative body…may adopt reasonable regulations” for streamlining public comment.

Currently, the City permits public comment in a variety of ways including live comment via Zoom. Because public comment provided via Zoom was not an option for public comment at City Council meetings prior to the Covid- 19 pandemic, it would be reasonable regulation to prohibit the public from commenting via Zoom, while allowing participation by City staff and consultants to participate remotely.

Limiting public comment via Zoom helps to ensure that City Council meetings are not disrupted in a manner that prevents the City from conducting its business. Remote participation by City staff and consultants allows the City to have staff participation at City Council meetings where staff may be unable to remain at City offices on evenings when City Council meetings occur, and saves the City money where consultants would otherwise travel to City Council meetings and charge the City for travel. The requirements for virtual publ ic comment are only triggered if a City Council member participates remotely, and do not apply to City staff or consultants.

REMAINING CHAPTERS IV & V:

This meeting will conclude the workshop by discussing C hapter IV - Procedural Rules for Conducting Meetings Of The City Council and Chapter V - Boards, Commissions & Committees; City Representatives & Standing Committee. Staff will compile all the requested changes from the Council and prepare an agenda item for a future Council meeting for formal approval of all changes to the Handbook.

CHAPTER IV- P
ROCEDURAL RULES FOR CONDUCTING MEETINGS:

This section contains subsections A through V which is comprised of various subtopics related to conducting meetings.

TOPIC STATUTORY

AUTHORITY

POSSIBLE REVISIONS
Adoption of procedural
rules

Explains the intent behind
the procedural rules.

Govt. Code §§ 36813 Council has discretion to
amend so long as it
doesn’t conflict with the
cited authorities.

Call to order

Explains who may call the
meeting to order.

None Combine with Chapter
I(D)- Elected Mayor
Powers & Duties

Roll Call

None Council has discretion to
amend this section in line
with best practices.

ITEM 8
Explains how attendance
is called at each meeting.

Quorum

Explains what constitutes a
quorum at a meeting.

Govt. Code §36810 Combine with Chapter II
(F)- Voting Requirements
Lack or Quorum

Describes what happens if
a quorum is not present at
a meeting.

Govt. Code § 36811 Add to “Quorum” section
and combine with Chapter
II (F)- Voting Requirements
Format for processing
public hearings/appeals

Lists the format for
conducting appeal
hearings.

None Council has discretion to
amend this section in line
with best practices.

Mayor as presiding
officer

Establishes who presides
over each meeting.

None Combine with Chapter
I(D)- Elected Mayor
Recognition to speak,
councilmember

Explains how to maintain
order amongst
councilmembers during a
meeting.

None Combine with Chapter III-
Decorum

Addressing the city
council

Explains how to maintain
order as it relates to public
comments during council
meetings.

None Combine with Chapter III-
Decorum

Continued agenda items

None Combine with “Agenda”
sections.

ITEM 8
Explains the method for
requesting a continuance
of an agenda item.

Public hearing closed

Sets forth the rule for
closing agenda items.

None Council has discretion to
amend this section in line
with best practices.

Division of question

Explains the Presiding
Officer’s role in clarifying
questions.

None Council has discretion to
amend this section in line
with best practices.

Withdrawal motion

States that a
Councilmember who
seconds a motion must
consent to withdrawal of it.

None Council has discretion to
amend this section in line
with best practices.

Voting

Instructions on the voting
process.

Govt. Code §§ 1090,
87105, 36936
Combine with Chapter II
(F)- Voting Requirements

Failure to Vote

Establishes what
constitutes a disqualifying
vote.

None Add to “Voting” section and
combine with Chapter II
(F)- Voting Requirements

Abstention/recusal:

Conflict of Interest

Explains Councilmember’s
responsibility to recuse
themselves if a conflict of
interest arises.

Govt. Code § 87100 et
seq.

Combine with Chapter II
(F)- Voting Requirements

Tie Votes

Explanation of the
outcome of a tie vote.

None Combine with Chapter II
(F)- Voting Requirements

ITEM 8
Appeal from presiding
officer’s decision

Explains the process for
appealing the presiding
officer’s decision.

None Combine with “G. Mayor
as Presiding Officer”

Parliamentary motions
and procedures for
processing of council
business

Discusses the rules of
order used for conducting
city business.

None Council has discretion to
amend this section in line
with best practices.

Summary of
Rosenberg’s basic
format for agenda item
discussion and decision

Outline of Rosenberg’s
format.

None Council has discretion to
amend this section in line
with best practices.

Summary of
Rosenberg’s common
motions

Outlines the different kinds
of motions applicable
under Rosenberg’s rules of
order.

None Council has discretion to
amend this section in line
with best practices.

Process of multiple
motions

Explains how to process
multiple motions.

None Council has discretion to
amend this section in line
with best practices.

Additional recommendations:
• Rename this section “Order of Business” and include only the relevant sections which apply to the Council meeting order of business.
• Add all sections relevant to the agenda in this chapter.

ITEM 8

CHAPTER V- BOARDS, COMMISSIONS & COMMITTEES
This section discusses the appointment process for all members of boards, commissions, and committees other than Council members.

TOPIC AUTHORITY POSSIBLE REVISIONS
Boards, Commissions
and Committees- City
Representatives-
Standing Committee

This section provides
definitions for boards,
representatives and
committees and details the
application and
appointment process.

Govt. Code § 40605

Council has discretion to
amend so long as it
doesn’t conflict with the
cited authorities.

Inability to
attend/notification of
alternate

This section advises that a
member who is unable to
attend a meeting shall
advise the alternate
representative if
reasonably foreseeable.

None Council has discretion to
amend this section in line
with best practices.

Removal of member of
Board or Commission or
Committee or City
Representative

Details the process for
removing a member from a
board, commission or
committee.

None Council has discretion to
amend this section in line
with best practices.

POLICY ALTERNATIVES REGARDING TELECONFERENCING:

1. Limit public comment at City Council meetings to prohibit public comment via Zoom but let City staff and consultants continue to participate remotely.

2. Limit both the public and City staff and consultants fr om participating in City Council meetings remotely.

ITEM 8

3. End the practice of making City Council meetings available via Zoom.

4. Keep the current practice the same.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – City Council Rules and Procedures (2018) ITEM 8
ITEM 8

RULES AND

PROCEDURES
J
anuary 2018
City Council
ITEM 8

ATTACHMENT A

PREFACE

As provided by California Government Code Section 36813, the City Council of the City of Ceres establishes the Ceres City Council Rules and Pr ocedures contained herein. This document shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended or new rules are adopted in the manner provided herein.

i
ITEM 8

CERES CITY COUNCIL

RULES AND PROCEDURES

TABLE OF CONTENTS

CHAPTER I - GENERAL, POWERS and DUTIES ................................................. 1

A. Legislative Body: ..................................................................................................................... 1 B. City Council Basic Power: ........................................................................................................ 1 C. City Council: ............................................................................................................................. 1 D. Elected Mayor: .......................................................................................................................... 1 E. Vice Mayor: .............................................................................................................................. 2 F. Vice Mayor Selection: .............................................................................................................. 3 G. Rules of Procedures: ................................................................................................................. 3 H. Interference in Staff Functions: ................................................................................................ 3 I. Council Position on Ballot Measure(s) or Legislative Proposals: ............................................ 4

CHAPTER II - CITY COUNCIL MEETINGS ......................................................... 7

A. Regular Meetings: .......................................................................................................................4

B. Special Meetings: ...................................................................................................................... 7 C. WorkshopsStudy Sessions: ....................................................................................................... 7 D. Adjournment of Me etings: ....................................................................................................... 7 E. Continuance of Hearings: ......................................................................................................... 8 F. Voting Requirements: ............................................................................................................... 8 G. Cancellation of Meeting:........................................................................................................... 9 H. Agenda: ..................................................................................................................................... 9 I. Agenda Format for Regular Meetings: ..................................................................................... 9 J. Selective Components of a Regular Meeting: ........................................................................ 10 K. Commencement of Successor Agency Meetings: ....................................................................11

ITEM 8

CHAPTER III - DECORUM ...................................................................................16

A. Enforcement of Decorum: ....................................................................................................... 12 B. Courtesy: ................................................................................................................................. 16 C. Noise in the Lobby: ................................................................................................................. 18 D. Crowd Control in Council Chambers: .................................................................................... 19 E. Smoking: ................................................................................................................................. 19

CHAPTER IV – PROCEDURAL RULES FOR CONDUCTING MEETINGS ....20

A. Adoption of Procedural Rules:................................................................................................ 20 B. Call to Order: .......................................................................................................................... 20 C. Roll Call: ................................................................................................................................. 20 D. Quorum: .................................................................................................................................. 20 E. Lack of Quorum: ..................................................................................................................... 20 F. Format for Processing Public Hearings/Appeals: ................................................................... 21 G. Mayor as Presiding Officer: .................................................................................................... 21 H. Recognition to Speak, Councilmember: ................................................................................. 22 I. Addressing the City Council: .................................................................................................. 23 J. Continued Agenda Item: ......................................................................................................... 24 K. Public Hearing Closed: ........................................................................................................... 24 L. Division of Question: .............................................................................................................. 24 M. Withdrawal of Motion: ........................................................................................................... 24 N. Voting: .................................................................................................................................... 24 O. Failure to Vote: ....................................................................................................................... 25 P. Abstention/Recuse: Conflict of Interest: ................................................................................. 25 Q. Tie Votes: ................................................................................................................................ 25 R.

Appeal from the Presiding Officer’s Decision: ...................................................................... 25 ITEM 8

CHAPTER IV - PROCEDURAL RULES FOR CONDUCTING MTGS. (CONT.)

S. Parliamentary Motions and Procedures for the Processing of Council Business: .................. 25 T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion & Decision: ............... 26 U. Processing of Multiple Motions: ............................................................................................. 28 V. Processing of Multiple Motions: ..............................................................................................22

CHAPTER V – BOADS, COMMISSIONS & COMMITTEES .............................29

A. Boards, Commissions and Committees – City Representatives – Standing Committee: ....... 29 B. Inability to Attend/Notification of Alternate: ......................................................................... 31 C. Removal of Member of Board or Commission or Committee or City Representative: ...........25

iv.

ITEM 8

CHAPTER I

GENERAL, POWERS and DUTIES

A. Legislative Body:

The governing legislative body of the City of Ceres is a City Council consisting of a Mayor and four Councilmembers. The mayor is electedis elected by the qualified voters of the City at large. Starting with the November 2017, the four Councilmembers will be elected by Districts. Pursuant to the requirements of SB 415, the City Council moved to even year elections starting in November 2018. When reference to all the members of the City Council, inclusive of the Mayor and Councilmembers, is intended, use of the term “City Council” is an appropriate substitute for the term “Mayor and Councilmembers.”

B. Ci
ty Council Basic Power:

All powers of the City are and shall be vested in the City Council, subject to the provisions of the Ceres Municipal Code and to the Constitution and statutes of the State of California.

C. City Council:

1. Elected Mayor:

The Mayor shall hold office for a term of four years. The Mayor shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.

2. C ouncilmembers:

Councilmembers shall hold office for a term of four years. Two Councilmember offices shall be elected at each general municipal election. Each Councilmember elected shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.

D. Elected Mayor:

1. In addition to the powers and duties authorized by State law, the Mayor shall be recognized as the official head of the City of Ceres local government, and shall be the City’s official representative for all ceremonial functions.

2. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws.

3. The Mayor shall be the Presiding Officer at a
ll t he meetings of the City Council, and
perform that duty in accordance with the rules and procedures set forth in Chapter IV.

ITEM 8

4. The Mayor of the City is expected to exercise a leadership role with the other members of the City Council. To the extent that time permits, th e Mayor generally works more closely with the Ceres City Manager than other Councilmembers, being mindful that all information is shared equally with other Councilmembers. In this regard, the Mayor, working in conjunction with the City Council and the City Manager, assumes a significant role in establishing the City’s policy direction and priorities.

5. The Mayor customarily attends the regular meetings of the Mayors of Stanislaus County.

In addition, the Mayor, as well as other Councilmembers, may elect to become an active participant in the various League of California Cities groups and meetings for elected officials.

6. It is the custom and practice that the Mayor gives an annual or bi-annual “State of the City” address sponsored by the City Chamber of Commerce.

7. Under Government Code 40602 the Mayor is required to sign all warrants drawn on the City Treasury; all written contracts and conveyances; and all instruments requiring the City seal; unless the Council by ordina nce authorizes sign ature by an officer other than the Mayor.

In the City of Ceres our ordinance provisions allow warrants and checks to be signed by at least two (2) of the following persons: Mayor; Vice Mayor; City Clerk; City Treasurer; or Director of Finance. (Muni Code 3.32.010)

Contracts for supplies, equipment, and services may be signed by the City Manager or his designee. (Muni Code 3.32.010)

Therefore, the Mayor still must sign the following documents:

a) Contracts conveying, encumbering or otherwise affecti ng City property (Deeds, Trust Deeds, etc…)
b) All instruments requiring the City Seal, which would include:
(1) Ordinances
(2) Resolutions
(3) Bond related documents
(4) Contracts for the Construction of public works

8. The Mayor shall make all appointments to boards, commissions and committees with the approval of the City Council. (Govt. Code 40605)

E. Vice Mayor:

In the absence of the Mayor, the Vice Mayor shall possess and perform the power and duties of the Mayor. In that capacity, the Vice Mayor shall sign ordinances and resolutions adopted in his or her presence.

ITEM 8

F. Vice Mayor Selection:

The Vice Mayor shall be appointed by the City Council at the first meeting following the certification of the election. The Vice Mayor shall serve for a two yeartwo-year term at the first meeting in December. If the Vice Mayor resigns during his or her term the Council may vote to replace the Vice Mayor so long as there is a quorum . If, in any year in which an election for Mayor or Council takes place, and th e first meeting in December occurs prior to the certification of the election results, then action under this section shall be delayed to the next meeting of the City Council, either regular or special.

G. Vacancies:

If a vacancy occurs prior to the expiration of a term of office, the Ccou ncil shall fill the
vacancy by appointment or special election in a manner prescribed by law.

If the Ccouncil fills the vacancy by special election, the election shall be held on the next regularly established election date not less than one hundred fourteen (114) days from the call of the special election and the appointee shall hold office for the unexpired term of the former incumbent.

If the Ccounc il appoints a person, and the vacancy occurs in the first half of a term of office at least one hundred thirty (130) days prior to the next general municipal election, the person appointed shall hold office until the next general municipal election and thereafter until the newly elected incumbent is qualified. If the vacancy occurs in the first half of the term of office but less thaen one hundred thirty (130) days prior to the next general municipal election, or if the vacancy occurs in the secondtion half of the term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.

G.H. Rules of Procedures:

Th e City Council shall determine its own rules of procedures and amend them from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council Rules shall be accomplished by majority vote of the entire Council membership.

H.I. Interference in Staff FunctionsCouncil-
Staff Relations:

The City Council shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof, shall give orders to subordinates of the City Manager. No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager.Council ITEM 8
understands that the position they hold requires transparency and accountability to the public they se rve and s hall address the administrative services of the City through the City Mmanager. Inversely , City staff ’s primary function is to ta ke action promulgated by the Council as a whole through the direction of the City Mmanager. The Ccouncil is discouraged from instructing or reprimanding City staff as individual Cc ouncilm members or in a public forum. Comments or concer ns should be communicate d through the City mM anager and resolved in private.

JI. Council Position on Ballot Measure(s) or Legislat ive Proposals:

A majority vote of the entire Council membership will be required for support or opposition of legislative proposals or ballot meas ures.Because the Council performs as a body, it is important that the public understand when an individual Ccouncil member is speaking as ai n individual and when they are speaking on behalf of the entire Council. Council members should refrain from using City letterhead, corresp ondence, or logos when expressing their opinions as an individual to the public. Council members may clarify that they did or did not support a mat ter so l ong as they clearly articulate th e Council ’s positions as a whole unambiguously.

K. Council Conf licts & Liability

i. Conflict of Interest (G overnment Code Section 87105) State laws are in place that attempt to eliminate any action by City Officials that may reflect a conflict of interest. The purpose of such laws and regulations is to ens ure that all actions are taken in the public interest.

Newly elected officials are required to file a Statement of Economic Interest (Form 700) within thirty (30) days of being sworn into office. Thereafter, elected officials are required to file an annu al Form 700. T hereafter the City Clerk will then notify elected officialsyou of theiryour filing requirements. Written permission must be obtained before posting elected officials’ home addresses or telephone numbers on the Internet.

At any time if a City Official bel
ieves that a potential for conflict of interest exists, he or she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also req uest an opinion from the City Attorney regarding a City Official’ s potential conflict. Laws whi ch regulate conflicts are very complicated. Violations may result in significant penalties or fines, including criminal prosecution.

ii. Political Refo rm Act (Government Code Section 87100 et. seq.) The Political Reform Act prohibits public officials from ma king, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a disqualifying confl ict of interest.

Therefore, if a public official has a con flict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City. During that discussion, the official must leave the Council Chambers or wherever the discussion is taking place.

ITEM 8

Economic i nteres ts include interests in businesses, real property, sour ces of income , and gifts. An official has a financial interest if “it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from the effect on the publi c generally” on one or more of the economic interests of the official or a member of the official’s immediate family. Economic interest amounts vary pursuant to updat e by the Fair Political Practice Commission.

Determining whether a Councilmember has a d
isqualifying conflict of interest is very
complicated and fact specific. Please contact the City Attorney if you suspect that you may have a conflict of interest so that a formal four -step analysis of the potential conflict can be provided.

Government Code section 87105 states that a Council or commission member who has a conflict of interest must recuse himself or herself and leave the room, unless the matter is on the Consent Calendar. After it has been determined that a conflict of interest exists u nder the Political Reform Act, the following steps must take place:

1. Publicly identify the financial interest. T his must be done in enough det ail for the public to understand the economic interest that creates the conflict of interest.

Residential street addresses do not have to be disclosed.

2. Recuse yourself from both the discussion and the vote on the matter. Recusal applies to all proceedings related to the matter.

3. Leave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote, or any other action.

Exceptions: if th
e matter is on the conse nt calendar, recusal is not required. Additionally, if the individual with the conflict wants to speak during public comment, he or she may do so as a private citizen . However, this is the only time he or she may be in the room while t he matter is being considered.

The Fair Political Pr ac
tices Commission (“FPPC”) has published lengthy regulations and opinions on conflicts of interest that are usef ul in determining whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of inte rest.

The FPPC also puts out informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest.

Government Code Section 1090
Government Code section 1090 is similar to the Political Reform Act, but it applies only to City contracts in which a public official has a financial interest. The f inancial interests covered by section 1090 are different than those in the Political Reform Act. Having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating section 1090 are seve re. If a City Official believes that he or she Commented [KV1]: Should "you" be taken out?

> "If a Councilmember suspects he or she has a conflict of interest, the Councilmember should contact the City Attorney so a formal four-step analysis of the potential conflict can be provided."
ITEM 8
may have any financial interest in a contract that will be before the Council, the member should immediately seek advice from the City Attorney.

There are a number of other restrictions placed on Council act io ns which are highlighted in the League of California Cities Handbook. Such restrictions include prohibitions on secrecy and discrimination , as well as assurance that all City funds are spent for public purposes.

Violations of these restrictions may result in a personal liability for individual City Officials.

Conflict of Interest Forms
Annual disclosure statements are required of all Councilmembers, designated commissioners, and senior staff. These disclosure statements indicate potential conflicts of interest, including sources of income, ownership of property, and receipt of loans and gifts. Councilmembers often serve on the governing board of other local agencies as a result of appointment or delegation through the Council (e.g., ABAG, etc.). These agencies will also require the submittal of disclosure fo rms. These forms require information including income, loans, receipt of gifts, and interest in real property, among other items.

Liability
The City is a large institution offering a variety of services and may often find itself subject to legal actions through lawsuits. The City must always approach its responsibilities in a manner which reduces risk to all involved. H owever, with such a wide variety of high- profile services (e.g., police, fire) risk cannot be eliminated.

It is important to note that violations of certain laws and regulations by individual City Officials may result in that Oofficial being personally liable for damages which would not be covered by the City’s insurance. Examples may include discrimination, harassment, or fraud.

Ethics Training (G
overnment Code Section 53235(f))
State law requires the City to advise local officials, subject to California’s ethics education requirements, about their compliance requirements at least once a year.

ITEM 8

CHAPTER II

CITY COUNCIL MEETINGS

A. Regular Meetings:

Regular meetings of the City Council shall be open to the public and held on the second and fourth Mondays of every month at the hour of 6:00 p.m.

Whenever the day fixed for any regular m eeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeedi ng day not a holiday.

B. Special Meetings:

A special meeting may be ordered at any time by the Mayor whenever the public busi ness may require it or upon the request from three members of the City Council. Only matters listed in the Notice of Special Meeting may be considered at the meeting. Whenever a special meeting shall be called, notice of such meeting shall be provided purs uant to State law. (Cal Govt. Code §54956)

C. WorkshopsStudy Sessions:

The City Council may coordinate meet in a “study sessio n”workshops called as a s pecial meeting or an adjoined regular meeting for the purpose of acquiring information on a particular subject(s). Study sessions Workshops shall be open to the public. Study sessionsWorkshops are not public hearings;, however, public input will be received. The City Council may not vote or take any final action at a study sessionworkshop. The City Council may by consensus give direction to City Staff regarding matters considered in study sessionworkshops. Final action on all study sess ionworkshop items shall be taken at regular or special meetings with opportunity for public comment.

Prior to the change in Cit y Council meetings to 6:00 pm in 2015, Study Sessions workshops were very common. However, with the meeting time change, Council directed staff for most informational type items to be inc luded as part of the normal agenda as “Discussion Items .”.

Most in formational items will be handled under Discussion Items, however, study sessionsworkshops could still be held if the Council deems it necessary.

D. Adjournment of Meetings: (Govt. Code §54955)

1. The Ci ty Council may adjourn any regular, adjourned regular, spec ial or adjourned special meeting to a time and place specified in the motion to adjourn.

ITEM 8

2. Less than a quorum may adjourn any meeting.

3. If all members are absent, the City Clerk may adjourn the meeting to a stated time and place, and the notice required by Govt. Code §54956 must be given by the City Clerk.

4. When a Council meeting is adjourned to a specific time , date and place, a notice of adjournment must be posted near the door where the meeting w as held within 24-hours after the adjournment.

E. Continuance of Hearings: (Govt. Code §54955.1)

1. Any hearing being held by the City Council may by motion be continued or re-continued to any subsequent meeting of the City Council.

2. Notice of the continued hearing must be posted near the door where the meeting was held within 24-hours after the continuance.

3. If the hearing is continued to a time less than 24-hours the notice must be posted immediately following the meeting.

F. Voting Requirements:

1. Regular Motions or Resolutions. (Those for most all items of City business).

A simple majority of a quorum (two votes if only three members are present) or simple majority of the members present.

2. Resolutions or Motions Authorizing the Expenditure of Public Funds.

A majority vote of the total Council membership is required (i.e. three votes).

Govt. Code §36936

3. Regular Ordinances.

A majority vote of the total Council membership is required (i.e. three votes).

Govt. Code §36936

4. Urgency Ordinances.
(Ordinances for the immediate preservation of the peace, health or safety). A 4/5 vote of the total Council membership is required. Govt. Code §36937(b)

5. Interim Urgency Ordinances Regardi
ng Land Use Matters.

A 4/5 vote of the total Council membership is re quired. Govt. Code §65858

6. Motions to Add Items to Agenda.

A 2/3 vote of members present is required, or a unanimous vote if less than 2/3 of members are present.

ITEM 8

G. Cancellation of Meeting:

If the City Council considers and then decides to canc el a future regularly scheduled or special meeting it sho uld take such action at the ear liest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such canc ellation shall also appear as an informative item on the agenda for the meeting immediately preceding the canceled meeting date.

H. Agenda:

In order to facilitate the orderly conduct of the business of the citizens of Ceres , the City Manager shall arra nge an agenda of such matters as may have been timely provided for inclusion in the agenda. In normal circumstances the Council will be provided with a copy of the City Council agenda on t he Wednesday prior to the City Council meeting. To meet this schedule the City Manager shall establish deadlines for the submi ttal of staff reports for inclusion in agendas. requests that all agenda items be submitted seve nty-two (72) hours in advance for regular meetings and twenty-four (24) hours in advance for special meetings.

I. Agenda Format for Regular Meetings:

1. Order of Business:

Promptly at the hour set for any meeting, the members of the City Council, City Manager, City Attorney, and City Clerk shall take their regular stations in the Council Chambers and the business of the City Council shall be taken up for considera tion and disposition in the following order:

a. Preliminary:
- Call to Order
- Roll Call
- Invocation
- Pledge of Allegiance
- Presentations/Ceremonial Items
- Citizen Communications to Council on Non-Agenda Items - -
- Declaration of Conflict of Interest
b. Appointments to Boards, Commissions
c. Consent Calendar (including the approval of the Minutes and Certification of Posting) d. Consideration of Item(s) Removed from the Consent Calendar e. Unfinished Business
f. Public Hearings
g. New Business
h. Discussion Items
i. Councilmember Referrals
ITEM 8

j. Reports:
- Mayor
- City Council
- City Manager
- City Attorney
- City Department Heads

J. Selective Components of a Regular Meeting:

The published agenda shall consist of an agenda and summary reports providing sufficient information needed for deliberation and action.

1. Invocation:

The City of Ceres has a long history of invocational pray er preceding its City Council meetings. It is the policy of the City Council that the opportunity to offer the invocation at City Council meetings shall be made equally available to representatives of all faiths.

2. Citizen Communications:

Subject to the time limits described in this document, any member of the public or their authorized representative, may address the City Council on any matter conce rning the City’s business, or any matter over which the City Council has control, whether on its posted agenda or not. Comments on items included on the agenda shall be reserved until the Council considers those items. However, the City Council is prohibit ed from extensively discussing, or taking action, on an item not appearing on its posted agenda under the provisions of the Brown Act. Any issue raised under “Citizen Communications” will therefore be limited to a determination whether it should be placed on a future agenda for discussion, action, or report. The City Council can, however, allow its member s or staff to briefly respond to statements made and to ask questions for clarification.

3. Minutes :
a. Description:

The minutes of a City Council mee ting shall be “ action minutes” which include the motions made, actions taken, and a brief summary of publ ic comments and City Council comments germane to the outcome of the item.
b. Reading of Minutes:

If each Councilmember has been furnished with a copy of the minutes prior to the meeting, the minutes may be approved without reading. If a Councilmember rais es a point of correction to the minutes of a City Council meeting, that correction may be approved at that meeting.

ITEM 8

c. Voting on Approval of Minutes:

City Council minutes may be approved by a majority vote of a quorum of the Council membership. Council members who were not present at the meeting for which the minutes were prepared should abstain from voting. If a quorum of Councilmembers who were present at the meeting for which th e minutes were prepared is not present, action on the minutes shall be continued to a future meeting. d. Signing of Minutes:

After their approval the minutes shall be signed by the Mayor (or the chair of the meeting) and the City Clerk.

e. Including Reasons for Dissent or Protest:

The Mayor and any Councilmember shall have the right to have the reaso ns for his or her dissent from or protest against, any action of the City Council entered into the minutes. In such case the me mber dissenting or protesting shall deliver to the City Clerk within five (5) days of the meeting a t wh ich action was taken a wr itten statement of the reasons for dissent or protest. The City Clerk shall include such statement in the minutes of the meeting. Failure to submit the written statement within the time required shall be deemed a waiver of th e right to have the statement included in the minutes.

4. Approval of Agenda as Posted (or Amended) / Adding Matters to the Agenda:
a. The Brown Act requi res that the agenda for regular City Council meetings must be posted at least 7 2 hours prior to the m eeting. (Govt. Code, Section 54954.2(a)) Except in very limited circumstances, the City Council may n ot discuss or take action on any item not appearing on the posted agenda.

The posted agenda may be amended at the meeting to include statutorily defined emergency items or matters which require immediate action subject to certain required findings.

b. An emergency item is defined as a work stoppage, crippli ng activity that severely impai rs public health, safety or both, as determined by a majority vote of the entire membership of the Council (Govt. Code §54956.5)

c. Matters requiring immediate action by the City Council m ay be added to the
agenda by a 2/3 vot e of the Council members pres ent at the meeting if the Council finds: (i) that there is a need to t ake action immediately; and ( ii) that the need to take action came to the attention of the City after the agenda was posted. (Govt. Code §54954.2(b)(2))
ITEM 8

5. Declaration of Conflict of In terest:

If a Councilmember has a conflict of interest with regard to any item on the agenda as posted (or amended) and certified, the Councilmember must declare that conflict publicly prior to consideration of the item. The circumstances creating the conflict must be stated and the Councilmember must leave the room when t he matter is under considerat ion and not return until after the decision is made . However, should a Councilmember have a conflict of interest on a matter which appears on the consent calendar, the Councilmember is not required to leave the room when the i tem is considered, but public disclosure of the conflict is still required.

6. Consent Calendar:

Items of a routine, non-controversial nature may be placed on the consent calendar at t he City Manager’s discretion. Consent calendar items may include the s econd reading and adoption of City ordinances. When such ordinance matters are placed on the consent calendar they shall be listed in the following manner:

“Waiver of Second Reading and Adoption of
Ordinance No. _________ (complete title of
ordinance).”

All items may be approved by one motion and one vote. Any Councilmember , the City
Manager, the City Attorney, or member of the public or their representati ve may request any item be withdrawn from the consent calendar for separate consideration in its re gular order of business. Prior to consideration of the Consent Calendar the Mayor shall advise the public that they may request removal of a matter from th e Consent Calendar for separate consideration by the Council. Prior to the approval of the Consent Ca lendar, corrections to item(s ) on the Consent Calendar may be stated and corrected .

Councilmembers may register a “No” v ote on specific item(s) without rem oval from the Consent Calendar. As part of the roll call voting, the Council member wishing to vote “No” on a particular items shall indicate it as part of their roll call vote and the Clerk shall cause all items for which “no votes” have been registered to be reflected in the minutes of the meeting.

7. Unfinished Business:

Matters continued by the City Council for further consideration by the City Council.

Such matters may include formal public hearings that are continued by the City Council to a spec ific date or other matters wher e the Council desires further information or materials from City Staff prior to making a decision on the matter.

8. City Council Referrals/Determination of Items for Agenda:
a. Any Councilmember may, prior to the posting of the agenda for a regular City Council meeting, bring any matter to the attention of the City Council which is not otherwise scheduled on a City Council agenda. The matter will be placed on the agenda in the Council Referral section. The sponsoring ITEM 8
Councilmember shall give the City Manag er a brief description of the subject to be printed in the agenda, sufficient to inform the City Council and public of the nature of the referral. Any Ccouncil member may place an item on the agenda pr ior to the posting of t he agenda by bringing the matter to the attention of the City Mm anager by 5:00 p.m. on the Monday before agendas are posted. The sponsorin g Councilmember shall give the City Mm anager a brief description of the subject to be printed on the agenda a nd the item will be placed in the referral section of the agenda. If the proposed agenda item is received after M onday at 5:00 p.m. , every eff ort will be made to add the proposed item to the up coming agenda. Any items received after the agend a has been posted will be added to the next agenda.

b. The City Council, after considering the referral, may do any of the following:

(1) Reject the request.

(2) Refer the matter to staff to schedule as a future City Council agenda item.

c. The Councilmember who requested the refe rral has the privilege of speaking first on the item.

d. No matter which has previously been brought before the Council under Council referral, and which a majority of the Council has declined to schedule as a future City Council agenda matter, shall be aga in brought before the Council under Council referral unless it is brought by a Council member other than the Councilmember who originally brought it.

e. The City Manager shall have the responsibility for d etermining all other matters which are placed on the agenda for the City Council meetings, including regular meetings or special meetings . In the exercise of his discretion, the City Manager shall place on the Agenda: (i) those matters which are necessary , in the judgment of the City Manager, to impleme nt the stated policies, goals, priorities or objectives of the City Council; (ii) those matters which are necessary to implement the orderly day to day functioning of City affairs; (iii) those matters w hich are required by law to be considered or determined by the City Council.

9. Appoi ntments:

Appointments to the City Boards, Committees and Commission shall be made as described in Chapter V of this document.

10. Reports:

On the Re ports section of the agenda the Mayor, Councilmembers, City Manager, City Attorney, and City Staff shall report on all committee meetings which they have attended as the official City representative and all conferences they have attended. They may also report on various communi ty events and activities they have attended and other ma tters related to the operations of the City and the general well-being of the community.

ITEM 8

Reports should be brief summaries of activities and concerns and generally should not exceed three to five minutes in length. Since these matters are not on the post ed agenda, the Brown Act prohibits the City Council from making any formal decision or reaching a consensus regarding any i ssue that might be raised. There should be no significant discussion regarding such matters. If the City Council believes that t he matter deserves the attention of the Council, it should direct the City Manager to pl ace the matter on a future City Council agenda.

11. Closed Session:

On this portion of the agenda the City Council may discuss and decide certain types of matters which are authorized by the Brown Act to be considered in closed session. The Brown Act prescribes specific descriptions of the various types of close d session matters which must appear on the posted agenda . The Mayor should adjourn the public meeting to closed session to consider such mat ters. In doing so, it is not necessary to read the agenda description. I t is sufficient to si mply refer to the numbered agenda item. The Brown Act requires that when ce rtain decisions are made in closed session those decisions must be reported to the public. Some decisions must be reported in public session immediately after conclusion of the closed session. The City Attorney will advise the City Council regarding the time and manner of publicly reporting their closed ses sion decisions.

Information provided and discussions held in closed session are confidential and must not be disclosed to the public by any persons attending the closed session unless specifica lly authorized by a majority vote of the City Council. Violat ions of this ru le of confidentiality may be punished by public censure, and may also be subject to prosecution by the District Attorney as a misdemeanor criminal violation.

K. Commencement of Successor Agency Meetings:

The City Council acts as the Successor Agency for the Former Ceres Redevelopment Agency and the Former Stanislaus-Ceres Redevelopment Commission. The Successor Agencies have a designated the start time for their meetings as 6:00 p.m. or as soon thereafter as business permits. Regular meeting s of the Successor Agency for the Former Ceres Redevelopment agency and the Successor Agency for the Former Stanislaus Ceres R edevelopment Commission are held on the same dates and times of regular meetings of the City Council.

Items for the Successor Agency for the Former Stanislaus Ceres Redevelopment Commission will customarily be heard prior to the Reports Section of the City Council meeting. The City Council meeting adjourns to the meetings of the Successor Agencies and reconvenes to the City Council Meeting. Holding a Joint Meeting of the agencies is also an option depending on the agenda of the respective agencies.

L. Presentations and Proclamations

ITEM 8
All requests for presentations and proc lamations shall be requested through the City Manager, who will determine the appropriate time to bring back th e request to the Council for consideration. Proclamation requests shall be requested at leas t onea month before the City Council meeting in which i t is needed. Presentation requests shall be requested in the same manner as Councilmember referrals.

ITEM 8

CHAPTER III

DECORUM

A. Enforcement of Decorum:

The City Manager shall assign a sergeant -at-arms when necessary to attend City Council meetings for the purpose of ma intaining order and decorum in the City Council Chambers and in the lobby. Upon instructions from the Mayor, the sergeant -at-arms shall eject any member of the public present at the meeting from the City Council Chambers, whose conduct is in violation of any of the following adopted rules of order and decoru m (see Govt. Code, §36813):

1. Persons attending meetings of the City Council shall at all times conduct themselves in a courteous manner with regard to other members of the public attending the meeting and to Councilmembers and City Staff.

2. Persons at t ending the meeting shall refrain from the use of profanity and rude or derogatory remarks.

3. No person attending the meet ing s
hall engage in disorderly conduct which disturbs the
peace and good order of the meeting. Continuation of such conduct after an a dmonition from the Mayor will result in removal from the Council chambers.

4. Any person who willfully disturbs or breaks up an
y assembly or meeting is guilty of a
misdemeanor and will be subject to arrest. (Cal. Penal Code, §403.)

5. Nothing in these rules prohibits the right of the public to criticize the policies, procedures, programs or services of the City or of the acts or omissions of members of the City Council or City staff (Cal Govt. Code §54954.3(c))
To maintain the confidence and integrity of City business in a manner which is professional and efficient, all participants of the public hearing or meeting process must co mply with th e foregoing guidelines:

B.A. Courtesy:

1. Councilmembers, City Employees, and Appointed Members of Boards/Commissions:

Councilmembers, City Emp loyees, and Appointed Members of the Board/Commission, collectively (“ City Representatives”) shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall refrain at all times from rude a nd derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statements as to m otives and personalities.

In addition, all City Represent atives shall comply with the guidelines detailed in the Ceres Municipal Code (“Code”) sections 2.17.040 and 2.17.050.

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2. Rules of Civ ility:

All City Representatives and members of the public are expected to comply with the Rules of Civility detailed in Code section 2.17.080.

2. City Employees :

Employees of the City shall observe the s ame rules of order and decor um applicable to the City Council.

ITEM 8

3. Appointed Members of Boards, Commissions and Comm ittees:

Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.

3. Enforcement Aagainst City Representatives:

The City has formed a Rule Committee to enforce the City’s rules of civility against City Representatives. The Committee shall be responsible for issuing admonishments, reprimands, and censures to City Representatives who violate the provisions of the rules of civility pursuant to Code sections 2.17.120 through 2.17.160.

4. Enforcement aAgai nst pPublic Aattendees:

In accordance with Code section 2.17.100 and Government Code section 54957.95, disruptive behavior during a meeting may result in the removal of the individual by the Mmayor. Prior to r emoval of an ind ividual, the Mmayor shall warn the indivi dual that their be havior is disrupting the meeting and their failure to cease m ay result in their removal by the sergeant of arms as defined in Code section 2.17.090.

Disrupt
ive behavior is behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders inf easible the orderly conduct of the meeting and includes, but is not limited to: (A) failure to comply with reasonable regulations adopted by the Co uncil, or (B) eEngagement in beh avior that constitutes use of force or a true threat of force.

They m
M ayor, upon his or /her discretio n or upon the recommendation of another Ccouncilmember, may commence the removal process following the disruptive behavior of the individual member of the public.

4.5.Cell Phone Usage:

Cell phone usage is prohibited in the Council Chambers while a meeting is in session.

Noise in the Lobby:

6. Noise em anating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.

7. Entering/Exiting the Meeting Fa
cility:

The designated facility for meetings and hearings contains an entrance for staff and a separate entrance for the public. For prompt and orderly seating and to ensure safe and structured exiting, all meeting part icipants shall endeav or to use the ir designated entrance/exit when attending City meetings and hearings.

ITEM 8
BD. Crowd Control in Council Chambers:

If the City Manager, or the City Manager’s desi gnee, anticipates in advance a large number of atten dees in the C ity Council Chambers, he or she s hall open over flow viewing. shall provide for appropriate crowd control.

If a crowd larger than the maximu m number of attendees is anticipated, the meeting shall be relocated to a more appropriate venue.

E. Smoking:

It is unlawful for any person to smoke in the City Council Chambers.

ITEM 8

CHAPTER IV

PROCEDURAL RULES FOR CONDUCTING MEETINGS OF THE CITY COUNCIL

A. Adoption of Procedural Rules:

These procedural rules are adopted by the City Council to assist the Council in conducting its meetings in an orderly and efficient manner. The rules are intended to facilitate and expedite a full and adeq uate considerat ion and debate, by elected officials and the public, of all matters which come before the City Council for decision. Except with respect to matters that are mandated by State law, any failure of the City Council to confirm to these rules shall not, in any instance, be deemed to invalidate the action taken.

B. Call to Order:

The meetings of the City Counci l shall be called t o order by the Mayor, or in the Mayor’s absence, by the Vice Mayor . In the absence of the Mayor and the Vice Mayor , the meeting shall be called to order by the most senior Councilmember present. This person shall serve as the Council’s pre siding officer until the arrival of the Mayor or Vice Mayor , or until adjournment of the meeting.

C. Roll Call:

Before proceeding with the business of t he City Council, the City Clerk shall call the rol l of the City Council and the names of those present and those absent shall be entered into th e minutes of the meeting. The Presiding Officer shall announce that a late Councilmember has arrived for the benefit of the television audience.

D. Quorum:

Three members of the City Council shall con stitute a quorum for the transaction of business.

A major ity of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law or ordinance , require a greater majority. A ll ordinances and all orders for the payment of mone y require at least three (3) affirmative votes.

E. Lack of Quorum:

If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned to a stated time and place and the City Clerk shall cause to be prepared a written notice of the adjournment and conspicuously post it at the entrance to the Council Chambers within 24 hours of adjournment. If all members of the City Council are absent from a regular or adjourned regular me eting, the City Clerk may adjourn the meeting to a stated time and place, and cause a notice to be posted in the same manner as above.

ITEM 8
F. Format for Processing Public Hearings/Appeals:

Generally, public hearings shall be conducted in the following order:

1. Regular Public Hearings: (no specific applicant or City is applicant) - Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
- Public Comments
- Hearing closed by Mayor
- Questions by Councilmembers
- Discussion by Councilmembers
- Action by City Council

2. Appeals:
- Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
• Appellant’s comments
• Public comments
• Rebuttal by Appell ant (limited to addressing public comments) - Questions by Councilmembers of appellant or other public participants - Hearing closed by Mayor
- Discussion by Councilmembers
- Action by City Council

3. Public Hearing Involving a Specific Applicant
(i.e. land use matters and other matters proposed by a s pecific applicant) - Staff prese ntation & recommendations
- Questions of Staff by Councilmembers
- Hearing opened by Mayor
• Applicant’s presentation
• Comments from members of the public supportive of the matter • Comments from members of the public opposed t o the matter • Rebuttal by Applicant (limited to co mment or arguments made in opposition) - Questions by Councilmembers of Applicant or other public participants - Hearing closed by Mayor
- Discussi on by Councilmembers
- Action by City Council
G. Mayor as Presiding Officer:

The Mayor shal l be the Presiding Officer at all the meetings of the City Council. The Presiding Officer may move, second, and de bate from the Chair, subject to such limitations of debate as are imposed on all Councilmembers by t hese rules and shall not be deprived of any of the rights and privileges of a Councilmember as such Presiding Officer. The Presiding Officer shall possess no veto power.

ITEM 8

The Presiding Officer shall preserve strict order and decor um at all times. The Presi ding Officer may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: t he length of time persons ma y speak; require that, if desirable, a spokesperson address the Council on behalf of a group of pers ons; and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents.

The Presiding Officer shall decide all ques tions of order, subject, however, to an appeal to the City Council, in which event a majority vote of the City Council shall govern and conclusively determine such question of order. The Presiding Officer is eligible to vote on all matters coming before th e Council for decision, and shall direct the order of participation of Councilmembers. The Presiding Officer shall, in all instances, have the last chance to speak.

The Presiding Officer shall sign all ordinances and resolutions adopted by the City Council during the Presiding Officer’s presence.

H. Recognition to Speak, Councilmember:

Every C ouncilmember de siring to speak shall address the Presidin g Officer and, upon recognition by the Presiding Officer , shall confine his or her remarks to the question under debate.

1. Interruptions:

A Councilmember, once recognized, shall not be interrupted while speaking unless called to order; unless a motion to raise a point of order is raised by another Councilmember, or unless the Councilmember speaking chooses to yiel d to questions from another Councilmember.

2. Chall
enged While Speaking:

A Councilmemb er, challenged while speaking, shall cease speaking until the point of order is determined. The Councilmember shall be permitted to proceed if ruled to be in order. Conversely, the Councilmember shall remain silent or alter any remarks to comply with rules of the City Council if found not to be in order.

3. Publ ic Hearings:

Councilmembers should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.

ITEM 8

I. Addressing the City Council:

1. Speaker Card and Speaker Time:

For all agenda items persons wishing to address the City Council should use Speaker Cards. After the meeting is called to order, the Presiding Officer shal l encourage those persons wishing to address the Council to complete and return to the Clerk, Speaker Cards, which list their name , address, and the matter on which they wish to be heard.

Depending upon the extent of the agenda and the number of persons de siring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit the time for individual comments. When deemed nec essary, the Presiding Officer may allocate a longer speaker time without objection from the City Council. The foll owing time limits apply unless modified by the Presiding Officer.

Applicant/appellant - 10 minutes
Individual speakers - 5 minutes
Rebuttal by applicant/appellant - 5 minutes
Person speaking on non agenda items – 5 minutes

Each person shall stand at t he podium, if one is available, and is requested to give his or her name and address fo r the record. A ll remarks shall be addressed to the Counc il as a body and not to any member thereof. No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Counc il, without the permission of the Presiding Officer. No question shall be asked of a Councilmember or a member of City staff except through the Presiding Officer.

2. One Speaker at a Time:

No person, other than the person having the floor, shall be permitte d to enter into any discussion without the permission of the Presiding Officer. All discussions shall be through the Presiding Officer, and no question shall be asked of a Councilmember except through the Presiding Officer.

3. Questions and Comments from the Public:

Questions and comments from the public shall be limited to the subject under consideration, except for Citizen’s Communication on non agenda items.

4. Addressing the City Council a ft
er a Motion is Made:

No person in the audience may address the City Council after a motion is made wi thout first securing permission to do so. Upon recognition by the Presiding Officer and permission being granted by the City Council, the person so recognized shall confine him or herself to the question under discussion.

ITEM 8

J. Continued Agenda Item:

It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for con tinuance of an agenda item by an appl icant, appellant, or other interested parties, the reques t must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inf orm the City Clerk, in writing; as soon as possible pr ior to the meeting that such a request for continuance will be made. The City Clerk shall inform the Mayor. The City Council will consider the request f or continua nce prior to discussing the substance or merits of the agenda item. The inte rested parties ma y speak to the issue of a continuance wi thout forfeiting the right to speak later to the merits of the issue if a majority of the Council so rules. Comm ents may be presented by persons not able to attend the meeting for which the item is f inally scheduled if the City Council agrees to continue the item.

K. Public Hearing Closed:

Once a hearing is closed it is inappropriate fo r the public to speak except to a nswer an inquiry of a Councilmember addressed through the Presiding Officer. However, a public hearing may be re-opened by the Presiding Officer to hear new information.

L. Division of Question:

If the question contains two or more propositions, each of w hich is capable of standing as a complete proposition if the others are removed, the Pr esiding Officer may, and upon request of a Councilmember shall, divide the question.

M. Withdrawal of Motion:

A motion may not be withdrawn by the maker of the motion wi thout the consent of the Councilmember who seconded the motion.

N. Voting:

All votes of the City Counc il be made by roll call and the results shall be announced and recorded in the minutes by the City Clerk .

ITEM 8

O. Failure to Vote:

Absent a disqualificat ion under S tate law, including conflict of interes t provisions and prohibitions on participating when pe rsonal bias would prohibit a fair decisi on, it is the responsibility of every Councilmember to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Councilmember who fails to vote shall nonethele ss be cou nted towards making up a quorum, unless the failure to vote is compelled by a legal disqualification.

P. Abstention/Recuse: Conflict of Interest:

Councilmembers shall disqualify themselves and abstain from voting if they have a f inancial conflict of interest or any other disqualificatio n prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote .

Councilmembers shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the abstain ing Councilmember shall leave the Council da is until the conclusion of the agenda item. The matter will then proce ed as tho ugh the member is not present, and the member shall not be counted toward making up a quorum.

Q. Tie Votes:

All tie votes shall be de emed to be a denial of the matter that is before the Council for decision, unless the Council by a majority vote of the members present elects to continue the matter to the next Council meeting when it is reasonabl y known that all Council members will be present.

R. Appeal from the Presiding Officer’s Decision:

When the rules are silent, the Presiding Officer shall decide all questions of order, subject to appeal b y any Councilmember. When in doubt, t he Presiding Of ficer may submit the question to the City Council. Any decision or ruling of the Presiding Officer may be appealed by request of any Councilmember. The Presiding Officer shall immediately call for a vote to determine if the Presiding Officer’s ruling shall stand.

S. Parliamentary Motions and Procedures for the Processing of Council Business:

The City Council adopts Rosenberg’s Rules of Order, as modified by the provisions stated in these rules, as the parliamentary procedures and motions to be used as a guide for conducting the City’s business at meetings of the City Council. A copy of Rosenberg’s Rules of Order is attached hereto as EXHIBIT A. Strict adherence to these suggested parliamentary procedures and motions is not required, but their use is encourag ed to the extent that such use helps to promote an orderly and efficient public meeting of the City’s elected officials. No provisions in these administrative proce ssing procedures are intended to overri de State law or local ordinance provisions.

ITEM 8
T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion and Decision:

1. Announcement of Agenda Item.

The Presiding Officer (P/O) should announce the age nda item nu mber and read the agenda description of the item under consideration.

2. Reports Concerning the A genda Item.

The P/O should request report(s) on the item from City staff or other person(s) who have submitted a report to the Council on the agenda ite m.

3. Questions by Council.

The P/O should invite questions by the Council of those person(s) wh o have presented reports(s).

4. Public C omme nt.

The P/O should invite public comment on the agenda item, and upon the conclusion of public comment, announce that public comment has concluded. In the case of public hearings and appeals, the format in Chapter IV, F shall be followed.

5. Motion by C
ity Council.

The P/O should invite a motion from any member of the Council. In most circumstances this will be a motion to approve or deny the proposed agenda item.

6. Seconding of Motion.

The P/O should determine if any member of the Council wishes to second the motion. If there is no second to the motion, the P/O shall have discretion to proceed with the motion in the absence of a second.

7. Repeat t
he Motion.

The P/O, for clarity, should repeat the motion (i.e. “A motion has been made and seconded to….”)

8. Discussion of Motion.

The P/O should invite discussion of the motion by the City Council. - If there is no discussion the matter should proceed to a vote. - If discussion is lengthy P/O should repeat the motion.

9. Council Vote.

After discussion of the Council is concluded (and no motion to amend or substitute the motion has been made) the P/O should call for the roll call vote.

10. Announcement of Vote.

City Clerk should announce the result of the vote.

U. Summary of Rosenberg’s Common Motions:

1. Motion to Amend.

ITEM 8
Used to change or modify a motion that is before the Council. - Retains the basic motion on the floor but modifies it in some way. - Requires a second.
- Debatable.
- Simple majority.

2. Substitute Motion.

Completely discards the motion on the floor and puts a new motion before the Council. - Requires a second.
- Debatable.
- Simple majority.

3. Motion to Adjourn.

Requires immediate adjournment to the next regularly scheduled meeting. - Requires a second.
- Not debatable.
- Simple majority.

4. Motion to Recess.

Requires an immediate recess with length determined by P/O. - Requires a second.
- Not debatable.
- Simple majority.

5. Motion to Fix Time to Adjourn.

Requires adjournment at a s pecific time stated in motion. - Requires a second.
- Not debatable.
- Simple majority.

6. Motion to Table or Continue.

Requires discussion of item to be halted.
- May contain a specific time at which item can come back to Council. - Requires a second.
- Debatable.
- Simple majority.

7. Motion to Limit Debate.

Stops debat e on the item and in effect calls for a vote. - Requires a second.
- Not debatable.
- Should include a time limit.
- Requires a 2/3 vote.

8. Motion to Object to Consideration of Item.

Requires removal of item from the agenda.

ITEM 8
- Requires a second.
- Not debatable.
- Requires a 2/3 vote.
-

9. Motion to Suspend the Rules.

Allows Council’s existing rules to be suspended for a particular purpose. - Requires a second.
- Debatable.
- Requires a 2/3 vote.

10. Motion to Reconsider.

A llows a matter voted upon to be reopened for further debate. - Applies only to extent existing law or ordinance provision does not prohibit r
econsideration (i.e. an ordinance states that Council action on a particular type of item is final.)
- Requires a second.
- Debatable
- Requires a 2/3 vote.
- Must be made at meeting where item was voted upon or at very next meeting of Council.
- Must be made by a member who voted with the majority.

V. Processing of Multiple Motions:

1. Only three (3) motions may be on the floor simultaneously.

2. A fourth motion is out of order and would not be permitted.

3. The Council should first c onsider and vote on the last motion made.

ITEM 8

CHAPTER V

BOARDS, COMMISSIONS & COMMITTEES

CITY REPRESENTATIVES & STANDING COMMITTEE

A. Boards, Commissions a nd Committees – City Representatives – Standing Committee:

1. Definitions:
a. Boards, Commission and Committees:

The City Council may establish by ordinance or resoluti on all boar ds and commissions, including ad hoc committees, which shall advise the City Council and perform such other functions and duties as prescribed by the City Council. b. City Representatives:

Councilmembers and citizens may be appointed by the Ma yor to serv e on County, regional or multi -purpose agencies, committees and commissions to represent th e City, with confirmation by the City Council.
c. Standing Committees:

Standing committees are those created by ordinance or resolution of the City Counc i l which have a continuing subject matter jurisdic tion or a meeting schedule fixed by formal action of the City Council. Membership of such com mittees may consist of Council members and/or citizens who shall be appointed by the Mayor with confirmation of the Council. All standing committees are subject to the requirements of the Brown Act.
d. Ad Hoc Commit tees:

Ad hoc committees are those commi ttees created by ordinance, resolution, or motion of the City Council which a re formed for a limited time and purpose and without any continuing subject matter jurisdiction. Such committees are not subject to the requirements of the Brown Act unless their membership includes a quorum of the City Council.

ITEM 8

2. Application and Appointment Process:

All members of boards, commissions and committees, except Council members, shall be appointed by the Mayor with the confirmation of the City Council, in accordance with the following procedure:
a. Vacancy, Announcement, Interview and Applicant Pool:

T
he City Clerk shall maintain records of membership status of boards, commissions and committees. The Clerk shall notify the Mayor of each vacancy.

When a vacancy occurs, the vacancy shall be announced at a Council meeting and invite the public to apply for the position or posi tions. The notice of vacancy shall be posted in the Ceres Courier and on the City’s website with notic e of the closing date.

The final date for receipt of applications and the final date for receiving applications shall be at least one week following the M ayor’s announcement. At the meeting scheduled where the Mayor makes appointments, the City Clerk shall provide a copy of all applications received to the City Council.
b. Application Required:

No person shall be appointed to a board, commission or committ ee without filing a written application for appointment with the City Clerk prior to 5:00 p.m. on the date of the deadline for receipt of applications.
c. Scheduling of Appointment:

The City Clerk will schedule, on the regular City Council meeting agenda, as designated by the Mayor, a notice of the Mayor’s intention to make an appointment to a board, commission or committee.
d. All Applications Provided to All Councilmembers:

The City Clerk shall include in the City Council’s agenda packet for the Council meeting at which the Mayor’s appointment is scheduled, all current applications filed for appointment t o the board, commission or committee desig nated in the Appointments section of the Agenda. In the event there are multiple vacancies on the same board, commission or committee the Mayor shall schedule the appointment and name the appointees of all vacant p ositions of any one board, commission or committee on the same Council meeting.
e. Applications: Current List:

A current list of applicants is established each
year. Applications may be submitted to
the City Clerk at any time between January 1 and December 31. These applications may be considered for various vacancies throughout the year; however, on December 31, any remaining applications of these persons not appointed will be void. In order to be considered in the following year, new applic ations will nee d to be submitted starting January 1.

ITEM 8

3. Councilmember Appointment:

The Mayor shall, instead of nominating, simply announce the appointment of the designated Council member as a member of a City, County, regional, multi -public agency, or other outside agency, committee or board at the time the matter is considered at the City Council meeting. If no motion is made by a Councilmember, immediately following the Mayor’s a nnouncement, to submit the Mayor’s intended appointment to formal vote of the City Council, t he Mayor’s announced appointment is deem ed approved.

B. Inability to Attend/Notification of Alternate:

If circumstances arise which prevent a member of a board, commission, or committee from attending a meeting of said body, and an alternate representative has been designated by the City, the member who will be unable to attend the meeting shall, to the extent reasonably possible, advise the alternate representative of his or her absence.

C. Removal of Member of Board or Commission or Committee or City Representative:

Any member of a board, commission or committee and any City representative or liaison to a outside agency, serve at the pleasure of the City Council, and may be removed, without cause, by a vote of not less than three (3) Councilmembers, initiated by either the Mayor or a Councilmember. Any proposed removal shall be scheduled as a Council Referral on the agenda of a regular Council meeting, with the name of the person proposed to be removed printed on the agenda.

ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 9, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Christopher Hoem, Community Development Director [email protected], (209) 538-5778
SUBJECT: Resolution No. 202 3-XXX, Approving the Ceres Economic Development Strategic Plan 2023-2027
RECOMMENDED COUNCIL ACTION:

S
taff recommends the City Council adopt the Resolution approving the Ceres Economic Development Strategic Plan 2023-2027 completed by Chabin Concepts, Inc.

I. BACKGROUND:

J
une 27, 2022, the Council authorized the execution of the professional services agreement with Chabin Concepts to prepare an Economic Development Strategic Plan update for the City of Ceres in an amount not to exceed $45,500. The update was funded through fiscal year 2021-2022 redevelopment administration funds—there was no impact to the City’s General Fund. Chabin Concepts has provided a plan with goals and objectives identified in the 2018 General Plan. Following the Council meeting held on August 28, 2023 to introduce the draft plan , public outreach meetings were held on September 12 and 13, 2023 to solicit further public input prior to a final presentation to City Council.

T
he previous Economic Development plan, implemented in 2013, suggested several Economic Development initiatives, including, for example:

1. A
doption of an organizational strategy.

2. Identify and strengthening key partnerships.

3. Mayor’s Economic Advisory Council.

4. General Plan update.

5. Redesign City Economic Development Webpage.

ITEM 9
The passage of time has prompted certain revisions in response to evolving circumstances. The 2023-2027 Economic Development Strategic Plan update suggests the following:

1. Increase the capacity for implementing an aggressive and effective Economic Development program by increasing the Economic Development budget to support the programs and activities.

2. Aggressively pursue annexation and development of the Industrial Reserve area immediately southwest of the city to sustain a continued pipeline of industrial opportunities.

3. Initiate a strong and consistent business attraction program focused on diversifying the economy and attracting traded-sector industries.

4. Maintain up- to-date market information, maps, and an overview of the development opportunities in Ceres, the permitting process, and other key information for businesses.

The Economic Development Plan and its appendices are found on the City’s website at https://www.ci.ceres.ca.us/150/Economic-Development
II. REASONS FOR RECOMMENDATION:

Staff recommends the adoption of the 2023- 2027 Ceres Economic Development Strategic Plan ("CEDSP"), which was completed by Chabin Concepts, Inc. The current Ceres Economic Development Strategic Plan, covering the years 2013- 2020, has been updated, and implementing the revised CEDSP will solidify the City's leadership role in fostering and supporting a robust and thriving local economy. The primary objective of the Ceres Economic Development Strategic Plan is to define appropriate, realistic, and actionable strategic initiatives and measures that will enable the City of Ceres to elevate its economic development efforts and achieve substantial economic goals and objectives.

The report is now finalized and ready for acceptance by the City Council as complete.

The CEDSP evaluates Ceres ’ economic prospects by examining its workforce characteristics, networks of traded industry clusters, fiscal capacity to engage in economic development endeavors, and the existing essential infrastructure required to support the City ’s economic development requirements. Furthermore, the plan offers valuable insights into effective economic development tools that can greatly benefit the City in implementing economic development initiatives and programs. It also recommends a unified overarching goal along with pertinent objectives and practical tactics that can be employed to achieve these goals.

III. FISCAL IMPACTS:

There are no fiscal impacts associated with accepting the Ceres Economic Development Strategic Plan 2023-2027 as completed. The funds used for this update were fiscal year 2021-2022 redevelopment administration funds. The City’s General Fund was not used for this update.

ITEM 9
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This action is consistent with the third priority of the Ceres City Strategic Plan to “proactively recruit and attract businesses to Ceres in order to add to the quality of life and enhance the fiscal base of the Community.”
V. POLICY ALTERNATIVES:

The consultant has completed all the tasks identified in the professional service agreement and therefore the project is now complete.

VI. INTERDEPARTMENTAL COORDINATION:

All departments in the city have participated in the creation of the plan.

VII. PUBLIC PARTICIPATION:

The consultant conducted interviews with City Councilmembers, toured the C ity, and contacted major businesses in Ceres. Notification was placed in the Ceres Courier to invite the community to public outreach meetings that were held on September 12 and 13, 2023 to review the draft CEDSP. Unfortunately, no members of the community attended these meetings. A presentation was given to the City Council on August 28, 2023 at their regularly scheduled meeting. The public is also invited to provide comments at the October 9, 2023 City Council meeting.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. ST EPS F OLLOWING APPROVAL:

The implementation of the Ceres Economic Development Strategic Plan 2023-2027 is the most critical aspect of the plan. Implementation will begin once adopted and staff will work to put the plan into action.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Ceres Economic Development Strategic Plan 2023-2027

3. Attachment C – Presentation

ITEM 9
ITEM 9
RESO
LUTION NO. 2023-XXX
APP

ROVING THE CERES ECONOMIC DEVELOPMENT STRATEGIC
PLAN 2023-2027
THE

CITY COUNCIL
City of Ceres
WHE
REAS, on June 27, 2022, the City Council awarded a contract in an amount not to exceed $45,500.00 to Chabin Concepts, Inc. to update the Ceres Economic Development Strategic Plan (CEDSP); and
WHE
REAS, the CEDSP was funded using fiscal year 2021- 2022 redevelopment administration funds, not the City’s General Fund; and
WHE
REAS, Chabin Concepts, Inc., has completed all contracted work included in the professional services agreement; and
WHE
REAS, the final Ceres Economic Development Strategic Plan 2023-2027 has been reviewed by staff to confirm consistency with the executed professional services agreement.

NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the Ceres Economic Development Strategic Plan 2023-2027.

PAS
SED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 9th day of October 2023, by the following vote:

AYES: Counc
ilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
___________________________
Fallon Martin, City Clerk
ITEM 9

ATTACHMENT A
ITEM 9

CITY OF CERES

ECONOMIC DEVELOPMENT
STRATEGY 2023
ITEM 9

ATTACHMENT B

TABLE OF CONTENTS
A. INTRODUCTION ..................................................................................................................................... 1 Vision .................................................................................................................................................... 1 Economic Development Goal ............................................................................................................... 1 B. COMPETITIVE ANALYSIS ........................................................................................................................ 2 SWOT Summary .................................................................................................................................... 2 Target Industries ................................................................................................................................... 3 Development Sites ................................................................................................................................ 7 C. ECONOMIC DEVELOPMENT WORK PLAN ............................................................................................. 8 Operations ............................................................................................................................................ 8 Real Estate and Infrastructure .............................................................................................................. 8 Materials and Tools .............................................................................................................................. 8 Marketing Tactics .................................................................................................................................. 9 Marketing Budget ................................................................................................................................. 9 Performance Metrics .......................................................................................................................... 10 D. GAP ANALYSIS ..................................................................................................................................... 11 Market Access and Transportation Infrastructure ............................................................................. 12 Workforce and Education ................................................................................................................... 13 Real Estate and Infrastructure ............................................................................................................ 15 Quality of Place ................................................................................................................................... 18 Economic Development Operations ................................................................................................... 19 E. ABOUT THE CONSULTING TEAM......................................................................................................... 23 F. APPENDIX ............................................................................................................................................ 24 ITEM 9
A. INTRODUCTION
The City of Ceres' local economy is centered on agricultural production, manufacturing, and retail. The city has experienced only moderate population growth. Much of its workforce is commuting out, and given recent economic upsets, city leadership determined it was time to update its 2013 Economic Development Strategy.

The consulting team of Chabin Concepts and DSG Advisors visited the City of Ceres to document the city's ability to deliver on the customary site selection factors considered when businesses search for a new location. The findings of this work are detailed in the Gap Analysis section and are the basis of the work plan. The work plan focuses on guiding the economic development staff to prepare for and demonstrate to corporate decision-makers that the city of Ceres understands and can deliver on the location and
workforce needs associated with the industries targeted for business attraction.

Vision
In 2035, Ceres has a continued connection to its agricultural heritage, a balance of housing and retail choices, ample job opportunities, an attractive downtown, rich cultural and community events, and abundant recreational opportunities. Ceres is a place where families want to raise their children and businesses want to locate and flourish. In Ceres, people enjoy a safe, healthy city with first-rate community amenities and a clean and sustainable environment. 1 Economic Development Goal
The primary goal of the economic development department is to implement initiatives that facilitate the retention, expansion, and attraction of businesses that will retain and increase employment opportunities and more fully serve the needs of the City of Ceres residents.2 Further, the economic development objectives presented below are gleaned from the city's guiding principles in the City of Ceres General Plan 2035, adopted in May 2018. Once implemented, the action items in the annual work plan should enhance the city's economic development competitiveness, leverage assets, and mitigate challenges.

1. Strengthen job opportunities with industrial and commercial growth while balancing the protection of prime agricultural lands with meeting growth and economic development objectives.

2. Encourage public and private investment for infill development and revitalization in existing neighborhoods and commercial corridors.

3. Ensure the development of a strong workforce by supporting a quality K-12 education system and industry-specific job training programs.

4. Balance the provision of streamlined services and entitlements with fiscal responsibility to support the city's future needs.
1 Ceres General Plan 2035, p 1-14
2 Ceres Economic Development Strategic Plan, 2013-2020
The city of Ceres has the
assets to be competitive in
economic development.

ITEM 9
B. COMPETITIVE ANALYSIS
The Chabin Team visited the City of Ceres to identify its economic development assets, opportunities, challenges, real estate parcels, and industry investment targets. In addition, the investigation studied customary site selection factors businesses consider when searching for a new location. The matrix below summarizes the findings, which are the basis for the target industry recommendations and work plan. Section D. Gap Analysis gives a more detailed discussion of this analysis.

SWOT Summary
ASSETS and ADVANTAGES  The geographic location provides unparalleled access to several highways, interstates, freight and international passenger air and port services  Major west coast markets are less than a day's drive
 Employers can easily draw from a population of over 460,000 and a workforce (age 16 to 75) of 265,000 in 20-mile radii
 Excellent K-12 education system, CTE training resources and connections with several university and research centers in the region
 Water rights, affordable electrical utilities
 Housing is more affordable for the workforce when compared to the larger region  Pedestrian-friendly downtown, parks, well-supported and attended community events  Professional and service-oriented economic development staff

CHALLENGES
 Limited market-ready sites or buildings for industrial or commercial uses  Large out commuting population
 No growth in the incoming talent pipeline (population 0 to 19 years of age)  Limited staffing for development services (building and permitting departments)  No apparent consensus on economic development goals or vision, which is primarily due to the new council and new city staff
 Limited budget and materials to support economic and business development efforts  Over-emphasis on attracting and developing sites for retail uses OPPORTUNITIES  High demand in the greater region for small to medium size light industrial sites  Large tract of land identified as future industrial is an excellent match for in-demand uses  Apparent agreement on industry targets among educators, workforce training, economic development organizations, and city government
 Support and demand for continuing the excellent progress made on downtown revitalization
 Altamont Corridor Express (ACE) rail station stop planned for downtown Ceres will significantly improve pedestrian traffic and visibility of Ceres as a viable business location ITEM 9
Target Industries
City of Ceres leaders strive to achieve a sustainable local economy, an economy that creates wealth and stability. Strong local economies include three distinct industry sectors—traded, population-driven, and visitor-serving. Sustainable economic goals are more readily achieved by strategically targeting investment from each sector. This section defines the sectors followed by recommendations on industry targets that will help boost industry investment in Ceres.

The traded sector includes businesses providing goods and services to customers inside and outside the region; they export goods and import dollars. Typically, they are part of an industry supply chain, a producer or a supplier. Businesses in the traded sector provide the highest economic impact to a community.

The population-driven sector includes businesses providing goods and services to residents, e.g., medical care and groceries.

Because it is a circulation of the same dollars, the economic impact of this sector is much smaller than those in the traded sector but very important to the local economy and quality of life.

The visitor-serving sector consists of venues and businesses that attract or serve visitors (tourists and business travelers) to the community, e.g., hotels and destination attractions. For Ceres, the visitor-serving sector is most likely tied to business travelers or those traveling on Highway 99. The economic impact of this sector increases when visitors stay longer and spend more.

Ceres' Retail Sectors
The City of Ceres is interested in further developing its retail market sector by attracting retailers that would provide residents with more and higher-quality choices.

Stable economies include a healthy mix of employment in traded, population-driven, and visitor-serving sectors. Population and visitor-serving sectors are most visible as citizens interact with these businesses daily. In addition, these activities generate tax revenues that are important to supporting the community.

Traded sector investments are driven by a web of factors. Population and visitor-serving sectors follow a more straightforward formula when considering locations for new outlets. Retail location factors depend on trade area demographics—population size, age, income, educational level, etc.—and typical shopping habits. Only when the market demographics meet their criteria will retailers start to look at sites.

Ceres will begin to attract higher-end retailers as area demographics improve. Traded sector investments that create new high-paying jobs yield a more attractive location for more and higher-end retail players.

Ceres' Traded Sector Targets
While agriculture in California's Central Valley remains a driving force in the region, new industries are looking to escape higher operating costs in other areas to serve local markets, and to harness labor force Figure 1. A balanced economy
consists of three industry sectors.

ITEM 9
skills. Both agriculture and non-traditional industries offer opportunities for Ceres to grow the local economy. Agriculture is far from static. The ag sector continues to evolve as various inputs have impacted the industry in recent years. Among the factors bringing change to the economy are:
 Sustainable Groundwater Management Act (SGMA)
 $15.50 minimum wage for agricultural workers
 AB 1060 overtime rules for agricultural workers
 High cost of energy
These shifts are bringing lower levels of employment and the need for a higher-skilled workforce as the adoption of new technologies and changing growing patterns transform the sector. These changes have shined a light on the need for more training resources to address evolving workforce needs, including:
 Robotics, automation skills
 Basic work skills - show up on time, work responsibility and safely  Tractor drivers, forklift drivers
 Mechanics, welders
 Information technology, coding
 Transportation and logistics, truck drivers
Traded sector businesses weigh various factors when deciding on a location for their new business (see Figure 4 in the Gap Analysis section), many of which the city and its economic development team can influence. The consulting team weighed Ceres' community assets against our experience with economic development and corporate investment trends at local, regional, national, and global levels. The target industries recommended for the City of Ceres
 will serve to diversify the Ceres economy with higher-paying, traded sector jobs  are aligned with county and regional economic and workforce development partner organizations  have a presence in the larger region and may be inclined to expand into a nearby, more-affordable location
 offer the best chance of attracting new job-creating investments to the city of Ceres  are a good match to the Ceres workforce and development sites  will not significantly impact Ceres roadway and utility infrastructure

ITEM 9
AG TECH Agriculture Technology (Ag Tech) encompasses ag-related manufacturing, processing, and services. Ag Tech companies use advanced technology or provide services to improve yield, efficiency, and profitability, e.g., robotics, irrigation, temperature or moisture sensors, soil analysis, crop monitoring, pest management, and aerial imaging with GPS or drones.

RATIONALE  Supports the existing ag employers in the region, many of whom are already using advanced technologies.
 Businesses in this sector include machine shops, equipment and aircraft serving and repair, metal fabrication, engineering firms, vehicle repair, and light manufacturing—which are a good match for the existing Ceres area workforce and supported by workforce training programs and providers.  Support the needs of both local and outside markets.

VALUE
PROPOSITION3
 Workforce availability, skills
 Training resources
 Supply chain
 Roadway and utility infrastructure

ADVANCED

MANUFACTURING
Traditional manufacturing uses mechanized and manual techniques to convert raw materials into a finished product. Advanced manufacturing refers to similar operations but ones that use innovative technology to improve products or processes. Advanced manufacturing firms constantly integrate new cutting- edge technologies—information, software, and automation—into their products and processes.

RATIONALE  Supports existing processing, manufacturing, and advanced manufacturing operations in Ceres, Stanislaus County, and the entire central valley region.  The younger median age in Ceres (31.6) would be attractive to this industry.  While the educational attainment in Ceres is moderate, this is more than offset by access to dozens of colleges and universities within 100 miles.

VALUE
PROPOSITION3
 Workforce availability, skills
 Training and research resources
 Supply chain
 Roadway and utility infrastructure

3 See Appendices for suggested Value Propositions and guide to building your Key Message Platform ITEM 9
COLD STORAGE Cold storage facilities are an essential part of the global supply chain. This segment of the warehousing and distribution industry provides storage for products and materials that require some form of temperature control, often food, pharmaceuticals, flowers, herbs, and other perishables.

RATIONALE  There is strong demand for contract cold storage in the region, and Ceres has an opportunity to be the preferred location for investment.  Consumers are more conscious about food choices. As demand for healthy, fresh food increases, the requirement for its storage.
 A Ceres distribution facility can easily serve more urban metro areas at a much lower cost.
 Cold storage facilities are apt to use more technology than traditional dry warehouses, thereby offering more skilled and higher-paying jobs.

VALUE
PROPOSITION3
 Reasonable power costs
 Land available for new construction
 Workforce and training programs

BIOFUELS Biofuel is any fuel derived from organic matter, e.g., plants, algae, wood, and animal waste. These fuels are continually being replenished naturally and are considered renewable energy sources.

RATIONALE  Feedstock exists, e.g., ag waste from ranching, orchards, crops.  Biofuels produced from locally generated raw materials reduce transportation costs.
 There is a significant global market for products and increasing domestic demand.
 Supports advanced manufacturing and ag tech target industries.  A good match for the Ceres workforce and existing training programs.

VALUE
PROPOSITION3
 Raw materials
 Workforce and training programs
 University and research partnerships
 Available land

ITEM 9
Development Sites
The City of Ceres' best opportunity for meeting the site requirements of the target industries is to quickly move forward on obtaining control and preparing the land referred to as future industrial or industrial reserve land (between Service and Grayson Roads) for industrial development. The site is easily accessible from Highway 99. North of the site is Miller Industrial Park, an attractive park currently home to several light industrial users but is essentially built out.

Figure 2. City of Ceres' Industrial Reserve property (top) is about 610 acres. Assuming a design similar to the concept (bottom) and 25 percent building coverage, the site could accommodate 6.65 million square feet of buildings and several thousand new jobs.

ITEM 9
C. ECONOMIC DEVELOPMENT WORK PLAN
The Economic Development Work Plan presented here incorporates the tactical recommendations made in the Gap Analysis. These tasks are led by the City of Ceres economic development department and supported by the city council, workforce, and economic development partner organizations. A dedicated team is required to move this plan forward and realize the opportunities available to the City of Ceres.

Operations
 Lead internal efforts to ensure consensus on economic development goals and an understanding of the importance of focusing on traded sector investment.  Increase the capacity and budget for implementing an aggressive and effective economic development program and activities that will achieve the goals; add to staff capacity by expanding and strengthening partnerships and eventually adding support staff.  Bring planning and building departments back to a full schedule by adding staff or staggering days/shifts to ensure staff is available to developers and businesses a full 40-hour week.  Support and celebrate economic development partnerships by establishing a regular quarterly report to the council, supervisors, and partners on progress, successes, and challenges.  Determine the appropriate key performance indicators (KPI) that align with City's economic development goals and schedule frequency reporting. Consider using a dashboard for reporting. The end of this chapter contains typical KPIs and data sources.

Real Estate and Infrastructure
 Immediately move forward on obtaining control and preparing the Future Industrial site for the market (development scenarios, design standards, infrastructure, and transportation improvements).
 Accelerate the implementation of Service Road widening and Highway 99 interchange projects to improve the attractiveness of southwest Ceres for new development.  Prepare plans and a timeline for completing infrastructure improvements to priority properties and buildings; identify possible scenarios for site development.

Materials and Tools
 Bring in-house the task of keeping an inventory of available industrial and commercial sites and buildings. LOIS is the recommended platform. The property inventory can be accessed on the city's website and listed on the LocationOne site, which is marketed to corporate real estate and site selection professionals. Interested parties will have quick and efficient access to property information, and you will have market information suitable for proposals. See product information in the Appendix.

ITEM 9
 Create a business case for each target industry that answers why they should locate in Ceres; share with partners (Guide to Creating a Business Case is in the Appendix); include market area maps in each business case. Then, use the business case on your economic development website and as a print marketing piece.
 Develop a stand-alone economic development website with up-to-date market information, maps, an overview of the development opportunities in Ceres, the permitting process, and other key information for businesses (see recommendations in Section D. Gap Analysis).  Purchase MetroComp, an easy-to-use customized business and operating costs database on Ceres and targeted metro areas of your choice. MetroComp allows you to prepare a comparative business climate and cost report for specific industries, building size and type, occupations, utility usage, and more. Product information is in the Appendix.

Marketing Tactics
 Establish a collaborative business outreach program. For example, coordinate visits to local employers with economic and workforce development partners, identify challenges, and promote services for hiring, training, financing, expansions, etc.  Once your product is ready for the market (real estate, infrastructure, marketing messages, etc.), implement a collaborative business attraction program with regional partners focusing on diversifying the economy and attracting the targeted industries.  To augment regional partners' marketing efforts, contract with ResearchFDI for lead generation services focusing on the City of Ceres' product and targeted industries.

Marketing Budget
 Established a line-item budget for economic development. Based on national industry standards, the economic development budget for a community with a population of Ceres (about 50,000) should be $8 to 10 per capita ($400,000 to $500,000) and a marketing budget of $2.50 per capita ($125,000).
 Estimated costs for the recommended tools and materials are:

LOIS property database and marketing .................................................................... TBA MetroComp (10 areas @ $35/each) ..................................................................... $3,000 Lead generation services (10 qualified meetings) .............................................. $30,000 Target industry business cases content and design (4 @$10,000 each) ............ $40,000 Economic development website .................................................................. $30-$50,000

ITEM 9
Performance Metrics
Practical performance measurements assess the effectiveness of the economic development work plan and the impact activities have on the local business climate. Economic development performance measurements should:
 measure what economic development staff can affect directly or indirectly based on their work plan and responsibilities
 measure specific metrics the municipality wants to track in terms of economic progress  show progress over time and be compared to the trends in the region Typical Economic Development KPIs Data Sources
Change in employment, jobs, occupations
Unemployment rate
Employment Development Department
Bureau of Labor Statistics
Change in median household income US Census
Change in taxable sales Finance Department
Homeownership US Census
Retail space available (SF) CoStar
Commercial space available (SF) CoStar
Industrial buildings available (SF) CoStar
Industrial acres market ready CoStar
Building permits issued Building Department
Residents commuting out US Census
City's economic development website Webmaster or contracted SEO analytics Inquiries, RFPs received and responded ED Staff

ITEM 9
D. GAP ANALYSIS
Business investment decisions are driven by considerations that reach far beyond properties. Business location selection comes only after carefully analyzing factors important to a company's near-term and long-term strategic interests.

Economic development best practices today acknowledge the complexities and work to ease the decision process by being prepared to show that the community is ready for corporate investment. The graphic below illustrates the variety of metrics considered during site selection. Collectively these factors can support or deny that a particular community is suitable for corporate investment.

The Chabin Team documented the City of Ceres's local assets and strengths on which investment is based. As presented in this section, our findings are the basis of the recommended target industries, value propositions, and economic development strategies. Strategies focus on preparing for and demonstrating to corporate decision-makers that the city of Ceres understands the strategic and tactical needs of the industries targeted for business attraction.

This Gap Analysis discusses what a competitive community offers businesses and how Ceres compares to that ideal. The discussion includes assets the city can leverage, and the readiness gaps the Chabin Team believes are needed to improve Ceres' economic development competitiveness.

These findings are based on a review of information gathered from interviews, personal observations, data research, and materials collected during the consulting team's community visit and form the basis of the resulting recommendations. Data sources and other details are in the Appendix.

ITEM 9
Market Access and Transportation
Infrastructure
The efficient movement of goods and people relies on a
network of highways and arterial roads that connect sites to workers, customers, and vendors.

Ceres' Competitive Position
 State Route 99, a major north/south state highway, bisects the city.
 Another important north/south corridor, Interstate 5, is accessible via Highway 132 (22 miles north) or Highway 140 (37 miles south).
 Several major markets are less than 100 miles and under two hours (Sacramento, San Jose, San Francisco, Fresno).  Additional major markets are less than a day's drive, e.g., Los Angeles (5 hours), Reno (3.5 hours), Las Vegas (7.5 hours).
 Four international airports (San Jose, Oakland, Sacramento, San Francisco) are less than 100 miles and about a dozen local or municipal airports nearby.
 Five of California's 11 major ports (Stockton, West Sacramento, Oakland, San Francisco, and Richmond) are within 100 miles.

Tactical Recommendations
 Prepare maps for online and print that depict Ceres' advantageous location and market access.

Competitive communities offer:

Highway access to and from
business parks, sites, and
employment centers that include at
least two routes for trucks and
employee vehicles
Access routes that are free of
potential traffic flow impediments
e.g., weight-limited bridges, low
clearances, rail crossings, areas of
traffic congestion, time-of-day
restrictions
A commercial airport within a 60-
to 90-minute drive
Rail cargo service and ocean ports
as necessary
Pedestrian-friendly downtown,
commercial and retail centers;
local roadways that connect
residents and visitors to amenities
and recreational opportunities
ITEM 9
Workforce and Education
In today's market, the primary business location factor is the availability and quality of workers. Therefore, location investigations start by verifying that a sufficient labor supply exists and that there is a pipeline of workers so businesses can attract the talent they need now and in the future.

Ceres' Competitive Position
 The median age in the city (31.6) is younger than in
comparative areas (34).
 Access to three community colleges within 40 miles
(Modesto Junior, Merced, San Joaquin Delta) with over
60,000 students enrolled; and access to six four-year state colleges and universities within less than 100 miles
(Stanislaus, Merced, Sacramento, San Jose, Davis, Fresno); nearly 150,000 students enrolled.
 Career and technical education (CTE) courses at high
schools are award-winning and there is good access to
community college pathway programs.
 No stigma is associated with CTE and vocational careers.  The existing partnership with CalPoly and UC Davis' ag programs.

Ceres' Competitive Weaknesses
 No growth in the overall size of the labor force; more concerning is that neither the city nor the county shows growth in the incoming talent pipeline, population 0-19 years of age (see next page).  Educational attainment for the city population is moderate (less than 10% with a four-year degree); data is more favorable for the countywide population.
 Approximately 85% of the Ceres workforce commutes out for employment.

Tactical Recommendations
 Start an aggressive business attraction program focused on traded sector companies that will provide Ceres' workforce with higher-wage jobs in their hometown.  Promote enviable access to and partnerships with higher education and workforce training.  Continue to support the school district’s efforts with CTE career pathways within the community and promote these resources to the business community.

Competitive communities offer:

A supply of workers with industry-
specific skills and a strong work
ethic
Available sources of new workers,
e.g., population growth, balanced
age distribution, graduates from
two- or four-year colleges,
certificate training programs
An education system adept at
producing workers with skills that
are aligned with industry needs
and the needs of a rapidly changing
global economy
Local wages and fringe benefits
structure reasonable for the region
History of positive labor-
management relations
Amenities that attract and retain
talent

ITEM 9

0 20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
180,000
Talent Pipeline
0-19 y/o
Prime Workers
20-39 y/o
Experienced Workers
40-59 y/o
Retiring Soon
60-74 y/o
2018 2019 2020 2021
Figure 3. Growth/Decline of the Ceres (top) and Stanislaus County (bottom) Talent Pipeline 0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
Talent Pipeline
0-19 y/o
Prime Workers
20-39 y/o
Experienced Workers
40-59 y/o
Retiring Soon
60-74 y/o
2018 2019 2020 2021
ITEM 9
Real Estate and Infrastructure
Companies prefer sites or buildings that are shovel- or move-in- ready, sites supported by modern infrastructure that can accommodate current and future business needs. Getting
properties market-ready can be a long-term endeavor. As communities work on preparing market-ready real estate, they should prioritize those properties that can be ready soon.

Establish a plan to address any gaps in infrastructure and demonstrate a willingness to invest in required upgrades to expand and keep systems secure.

Ceres' Competitive Position
 Ceres is on the State Highway 99 corridor in an area of high demand for light industrial buildings and industrial sites.  The 2035 General Plan designates a large tract of land for light industrial development east of Crows Landing Road and between Redwood Road and Grayson Road. Bringing
these lands to the market will support market demand for industrial development.
 Land in the Crows Landing Road/Service Road area
designated for industrial development is near water, sewer, electric, and natural gas services with the capacity to meet development needs and a strong potential for rail service to the site.
 Existing plans for six residential developments could provide as many as 3,500 units. Unclear at this point if these units will be priced for worker-affordable housing.  Electric power provided through the Turlock Irrigation District (TID) is lower cost than most California areas outside the district, giving Ceres a competitive advantage. TID also has a reputation for delivering high-quality and reliable electricity.
 The planned widening of Service Road and enhancements to the Highway 99 interchange will provide safe and efficient movement of commercial and private vehicles between employment areas south of Service Road and Highway 99.
 The Ceres water system can support industrial, commercial, and residential growth. In addition, recently completed improvements to the system ensure continued water quality and system reliability; the city recently completed a stormwater improvement plan.  The Ceres wastewater treatment system has excess capacity to service growth and the ability to expand capacity in the future as needs increase.

Competitive communities offer:

Identified priority sites, detailed
profiles, maps, aerials, photos
Business or industrial park settings
or ready-to-go sites of one to 100
acres that are served with all
utilities and properly zoned
Available buildings for diverse uses
and adequate parking; spec
buildings or plan
Controls in place to prevent
undesired development nearby
Reliable and detailed information
on the development process, timing,
and costs
Land in and around the city for
residential construction that will
support population growth
Reliable, modern, redundant,
secure services at a reasonable cost
Services with capacity sufficient to
meet and exceed the industry’s
near-term needs
Broadband telecom serving sites
and buildings that can meet
significant data transfer
requirements

ITEM 9
Ceres Competitive Weaknesses
 The attraction of industrial projects to the community is not supported by a centralized repository of available sites and buildings. A reliable land and building availability source gives potential investors an immediate understanding of local real estate assets.  There is a low inventory of available industrial sites for development. The number of light industrial operations in the city has increased significantly over the last two decades. Many of these are located south of Service Road between Crows Landing Road and Morgan Road (see Figure 6). This area is nearing buildout. Without additional inventory entering the market soon, Ceres will lose the opportunity to attract new industrial investment.
 Ceres presently appears to have no or few available industrial buildings. Companies looking to expand existing operations or locate new facilities often start by looking for available buildings.

When a community has no buildings, those investment opportunities look elsewhere.  Service Road widening and Highway 99 interchange upgrade is five or more years away. However, these improvements will significantly enhance the attractiveness of southwest Ceres for new industrial, commercial, and residential development.

Figure 4. Limited industrial sites in the City of Ceres ITEM 9
Tactical Recommendations
 Bring in-house the task of keeping an inventory of available industrial and commercial sites and buildings. Make the list part of the City's economic development website, giving interested parties quick and efficient access to property information (the LOIS online property listing service is recommended as the platform for this function).
 Accelerate implementation of Service Road widening and Highway 99 interchange projects to improve the attractiveness of southwest Ceres for new development.  Move forward on obtaining control and preparing Industrial Reserve land (between Service and Grayson Roads) for industrial development so the city is ready for target industry opportunities.

ITEM 9
Quality of Place
Quality of place investment helps employers attract and retain skilled workers and professionals. Achieving and maintaining a quality community requires continued engagement and
ongoing investment in infrastructure and cultural amenities.

Ceres' Competitive Position
 The cost of living in Ceres (114.8) is on par with the comparative cities.
 Housing is more affordable in Stanislaus County than in Merced or San Joaquin; still, only 40% of county residents can afford the median-priced home. The minimum
qualifying income is about 60% higher than the median
household income, as reported by the US Census.
 Several new housing developments are planned or
underway.
 Excellent K-12 school system evidenced by a 90% graduation rate, 50% matriculation rate, internship programs for both students and teachers and strong industry partnerships.  Two dual language schools support the significant (70%) Hispanic population.  Parks and community events are soundly supported.
 Pedestrian-friendly and recently revitalized downtown; evidence of new businesses opening.  One-half cent sales tax supports police and other safety officers; the local police department is approximately 1.2 offers per 1,000 population; four school resource officers dedicated to high schools; local dispatch; the county sheriff's office is in Ceres.  Access to health care, hospitals, and specialty services.

Tactical Recommendations
 Prepare case studies with employer testimonials to tout Ceres' quality of life.

Competitive communities offer:

Investments that support the
safety, health, and welfare of its
citizens
Housing options for a mix of
incomes
Lifestyle, cultural, and recreational
amenities that make it a desirable
place to live
Ongoing monitoring of metrics that
measure Quality of Place e.g., cost
of living index, crime rates,
graduation rates, housing (supply,
diversity, affordability)
ITEM 9
Economic Development
Operations
A community's economic development success depends on
leadership's support, including a vision for the future, agreed- upon goals, and sufficient financial and human resources to implement an adopted program.

Ceres' Competitive Position
 No clear consensus on an economic development vision or goals due to several new council members and new
economic development staff.
 There is no specific economic development budget to
support department operations, programs, marketing, or
business attraction. Funds from the Successor Agency for Redevelopment support economic development,
downtown, and successor agency operations. Based on
national industry standards, the economic development
operating budget for a community with the population of Ceres (about 50,000) should be $8 to 10 per capita
($400,000 to $500,000), with a marketing budget of $2.50 per capita ($125,000).
 Ceres' economic development program appears to focus on developing the retail market. A robust economic
development program consists of business retention and
expansion, marketing and business attraction for all
industry sectors, and support for workforce development, innovation, and entrepreneurship.
 City staff is limited on materials, data, and tools to market the opportunities effectively or to respond to prospective interested parties.

Tactical Recommendations
 Increase the capacity for implementing an aggressive and effective economic development program by increasing the economic development budget to support the programs
and activities that will achieve the goals.
 Secondly, add to staff capacity by adding support staff and expanding and strengthening partnerships. Bring the planning and building departments back to a full schedule by adding staff or staggering days/shifts to ensure full a 40-hour week coverage.

Competitive communities offer:

Community-wide consensus on
vision and goals and support for
economic growth demonstrated by
assistance and entrepreneurial
programs, financing, business
retention programs
The ability to convey
understanding of industry needs–
real estate, infrastructure,
workforce skills–with value
propositions supported with proof
points
The ability to demonstrate a clear
and reasonable path to
development and operating costs
Willingness to be forthcoming
about real, perceived, natural, or
man-made risks and hazards e.g.,
earthquakes, tornados, hurricanes,
toxic waste, major weather events
that can close transportation
routes for extended periods
A community profile with an
overview of the history,
composition of the economy,
demographics, shopping amenities
for workers and residents,
recreation assets
Ability to quickly compile and
deliver a professional and accurate
proposal package that is delivered
electronically and available for
print
Market-ready property profiles
Labor shed map, with data on
occupations and wages, commute
patterns
Directory of local employers

ITEM 9
 Initiate a strong and consistent business attraction program focused on diversifying the economy and attracting the targeted industries.
 Create a business case for each target industry that answers the question of why they should locate in Ceres.
 Develop a stand-alone economic development website with up-to-date market information, maps, an overview of the development opportunities in Ceres, the permitting process, and other key information for businesses (see Figure 5).
 Use LOIS to maintain inventory and promote priority industrial, commercial, and retail properties.

Figure 5. Website content review and recommendations

WEBSITE FEATURES RECOMMENDATIONS
GENERAL The current website content focuses on residents. However, the audience for an economic development website is site selectors, corporate real estate executives, brokers, and new or expanding businesses looking for a location. First, capture their attention by answering why the City of Ceres.

Then, tell them about the city's assets, opportunities, and successes.

LOCATION Add state and regional maps on the ED home page to readily orient viewers to the city's location within the nation, state, region, and city's access to major highways.

ECONOMIC PROFILE Use a simple dashboard supported by additional details on subject-specific pages as necessary
 existing industry sectors by employment
 largest private-sector employers
 occupations found locally, particularly those relevant to your target industries
 the industries you wish to attract and value propositions

DEMOGRAPHICS

AND WORKFORCE

INFORMATION
Link to the Opportunity Stanislaus' City of Ceres community profile for viewing or downloading.

K-12 EDUCATION

List K-12 schools with enrollment and graduation rates.

Highlight schools' unique programs and partnerships with higher education, SPIE, school-to-work, and other initiatives.

ITEM 9
Figure 5. Website content review and recommendations

WEBSITE FEATURES RECOMMENDATIONS

HIGHER EDUCATION

AND CAREER &

TECHNICAL

EDUCATION (CTE)
Use a map to visually display the location and distance of community colleges and universities in the region (Modesto Junior College, Merced Community College, San Joaquin Delta College, Stanislaus State, Fresno State, UC Merced, UC Davis, and Sacramento.

Include brief profile describing the typical enrollment, number of graduates, areas of study, majors, CTE and industry-specific programs, courses of study, and industry partnerships.

SITES AND BUILDINGS

FOR DEVELOPMENT

No priority development sites are listed or discussed on the city's economic development website. Rather than try to keep current an ever-changing property database, focus on the industrial and large commercial development sites.

Subscribe to LOIS to showcase development opportunities. LOIS is a cost- effective online site and market analysis tool for economic developers that site selectors and corporate real estate professionals favor.

TRANSPORTATION

Add maps to the economic development website that identify  Major highways and transportation routes
 Mileage and drive-time access to major markets
 Freight rail and air services, ports, and passenger air service  Commute patterns

REGULATORY

ENVIRONMENT

Provide
 contact information (name, phone, email)
 a flowchart and brief narrative on the permitting process and timeline  fees required (rate, basis, contact info)
 other regulatory information or permits that may be required

TAX ENVIRONMENT

Provide tax information in a simple table format. Include links to or contact information for each regulatory agency
 state and local personal and corporate tax profile (rate and basis) for income, property, sales, use, utility, inventory, special assessments, etc.

INCENTIVES

Add federal, state, and local programs related to development, property acquisition, utilities, workforce hiring and training, financing, and taxes. For each, include
 description, e.g., type (waiver, deferral, subsidy), formula (rate and basis), eligibility criteria, and a contact email
 case studies and testimonials that describe the benefit and savings (cost and time) local companies have received are an excellent marketing tool ITEM 9
Figure 5. Website content review and recommendations

WEBSITE FEATURES RECOMMENDATIONS

UTILITIES

For each utility serving the commercial and industrial properties, provide name and contact information for people who can discuss  rates, incentives, and discounts
 current capacity and recent or planned changes in rates or service  territory map, transmission/distribution map
 location of substations
 reliability rating and outage history
QUALITY OF PLACE Paint a picture of life in Ceres with narrative, photos, and statistics  housing costs and availability, current and new developments, for sale and rentals
 comparative cost of living from a third-party source
(www.bestplaces.net)
 climate (typical high/low temps, precipitation, elevation, humidity)  safety (current crime stats from the local police department on a per 1,000 population; the number of officers, special forces, or programs)  link to chamber or visitor bureau websites for arts, culture, and recreation activities and venues
 healthcare (hospital beds and doctors per 1,000 population, specialties, senior care facilities) and childcare

ITEM 9
E. ABOUT THE CONSULTING TEAM
CHABIN CONCEPTS, INC.
2550 Lakewest Drive, Ste 10 | Chico, California | 530.345.0364 | www.chabinconcepts.com Chabin is an economic development firm that has served national clients since 1989. Clients range from metro cities to rural regions, including four state-level assignments in California, Washington, Oklahoma, and Oregon. Our projects include strategies, initiative development, economic base analysis, and back- office support to economic development departments. We have also assisted clients in receiving $89 million in grant investments and $26.6 million in CalCompetes tax credits.

Vicki Doll led the City of Ceres Economic Development Strategy and Work Plan Update. She has been with Chabin since its inception and has worked closely with all our affiliate partners to ensure projects stay on track and clients receive seamless service.

Throughout her economic development career, she has written and implemented business retention and attraction strategies for industrial and retail markets. Her work includes evaluating the competitiveness of communities for industrial and retail development and gauging the feasibility of property use and reuse. Vicki is the lead contact for Chabin and its partners' tools for economic and workforce development

DSG ADVISORS INC.
122 N. Mantua Street | Kent, Ohio | 828.772.9374 | www.DSG-Advisors.com DSG Advisors is an industry leader in best practices for corporate location selection and economic development. With more than 35 years of experience in the US and international corporate consulting, Don Schjeldahl, DSG founder, is an expert in corporate location strategy, community, and site selection for manufacturing and specialized industrial facilities.

Don has 35 years of professional experience in corporate location strategies, site selection for commercial and industrial clients, and business recruitment for economic development. Don has performed or directed more than 300 location strategy assignments for manufacturing plants, distribution centers, aviation facilities, research and development centers, newspaper plants, broadcast studios, and information processing centers. Don's location evaluations include urban centers and rural areas throughout the United States, Canada, Mexico, the United Kingdom, and Europe.

ITEM 9
F. APPENDIX
1) Economic Scan
2) Key Message Platform
3) Guide to Building a Business Case
4) Location One product information
5) Responding to a site selector's RFP
6) MetroComp product information
7) Lead generation services information
ITEM 9
City of Ceres
Economic
Development
Work Plan
2023

ATTACHMENT C
ITEM 9

ATTACHMENT C
Objectives
• Update the 2013 Economic
Development Work Plan
• Goals and direction for
staff
• Investment to create
employment, diversify
economic base for a more
resilient economy
DeliverablesActivities
Competitive Analysis
• Economic scan, data trends
• Interviews
• Existing documents
• Site Visit – field
investigation to validate
research findings, uncover
opportunities
Work Plan
• Gap Analysis
• Tactical Recommendations
• Development Site
Recommendations
• Target Industries and
Value Proposition
ITEM 9
Gap Analysis
City of Ceres has the assets to be
competitive in economic development:
• Location, market access
• Excellent K-12, CTE and Higher
Education Resources and Partnerships
• Affordability
• Land slated for industrial development
• Median age younger than area
• Commuting population
• Professional, service-oriented E.D. staff
Location factors considered by Employers
ITEM 9
… there are challenges
• Market-ready sites for industry = limited
• Talent pipeline growth = flat
• Consensus on E.D. goals = unsure
• Development services staffing = limited
• Tools and materials to support
implementation = needed
… and opportunities
• Ag Tech
• Traditional and Advanced Manufacturing
• Cold Storage
• Biofuels
• Retail, Downtown
ITEM 9
Work Plan
• Prepare industrial
site
• Road widening
and Interchange
projects
• Infrastructure
plans and timeline
Real Estate
• Increase financial
and staff capacity
• CommunAications
• KPI
Operations
• Property inventory
• Business cases
• E.D. Website
• Operating cost
database
Tools
• Collaborative
business outreach
• Business attraction
with regional
partners
• Contract for lead
generation
Tactics
ITEM 9
Next Steps
•Begin efforts to gain
control of the Future
Industrial site
•Planning and Building
Depts. fully staffed
•Determine KPIs and
baseline
30 Days
•Establish E.D. budget for
activities and tools
•Schedule demos on
recommended tools and
services
60 Days
•Issue E.D. website RFP
•Begin building tools –
key messages, business
cases, proposal content
90 Days
ITEM 9
Questions?
Vicki Doll, Chabin Concepts
[email protected]
530.345.0364
Don Schjeldahl, DSG Advisors
[email protected]
828.772.9374
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023 -XXX, Awarding of the Contract for the Site Improvements for the Public Safety Training Facility Project Located at Fire Station No. 3 to Machado & Sons Construction Inc., Authorizing a 10% C ontingency, and Authorizing the Interim City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the awarding of the Contract for the Site Improvements for the Public Safety Training Facility project located at Fire Station No. 3 to Machado & Sons Construction Inc ., authorizing a 10% contingency , and authorizing the Interim City Manager to execute the contract.

I. BACKGRO UND:

The Modesto Fire Department, which provides fire protection services to the City of Ceres, in collaboration with neighboring and regional public safety departments, have proposed the construction of a Public Safety Training Facility (formerly referred to as the Fire Training Facility) located at Fire Station No. 3 at 420 Service Road, Ceres, CA.

The total estimated project cost is about $ 1,200,000 including a 10% contingency.

Although the current contract with Modesto Fire Department requires that the City of Ceres maintain its fire facilities, the cost of this project will be funded jointly by the City of Ceres, Stanislaus County, City of Modesto, MJC RFTC, City of Turlock, Stanislaus Consolidated, and from the Regional Fire Authority (RFA).

Site Improvements include the following: site grading, placement of a reinforced concrete foundation, and installation of an additional fire hydrant.

ITEM 10
City of Ceres $400,000.00
Regional Fire Authority (RFA) $325,000.00
Stanislaus County $325,000.00
MJC RFTC $250,000.00
City of Modesto TBD
City of Turlock TBD
Stanislaus Consolidated TBD
II. REASONS FOR RECOMMENDATION:

Staff originally estimated the Site Improvements to be just under $200,000. Four bids were received on August 10, 2022, the bid due date. Of the four (4) bids received, Machado & Sons Construction Inc. was the lowest responsible bidder with a bid amount of $154,612.00. A ten percent contingency of $15,461.00 brings the estimated project total of Site Improvements to $170,073.00. A memo is attached showing a detailed comparison of the formal bid.

The scope of the next phase will comprise supplying and installing the tactical containers forming the building structure. Once the entire project is complete, the new Public Safety Training Facility will allow Re gional/Local Agency personnel to centralize emergency response training in a unique environment with the goal of improving life safety of both residents and emergency response personnel.

III. FISCAL IMPACTS:

The initial $300,000.00 funded included site improvement of this project and was approved by the City Council as part of the FY 2021/22 budget process and currently carried over into this fiscal year. The funding was rolled over into the City of Ceres FY 2023/24 Capital Improvement Plan (CIP); Account Number 49995. 800500. The council approved an additional $100,000.00 in the FY2023/24 Capital Improvement Plan (CIP) also in account number 49995.800500, totaling $400,000.00.

Once a tactical container contractor is selected, staff will submit to Council a request for approval of a new construction contract for the erection of the tactical containers . This phase will be funded jointly with the remaining balance of the City of Ceres CIP funds (Account Number 49995.800500), and from contributions from RFA Stanislaus County Regional Fire Authority, Modesto Junior College, City of Modesto, City of Turlock, and Stanislaus Consolidated.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the bids and re- bid the project or reject the bids and modify the scope of the project.

ITEM 10
VI. INTERDEPARTMENTAL COORDINATION:

The Engineering Services Department coordinated with the Public Works Department, Police Department, and Fire Department.

VII. PUBLIC PARTICIPATION:

There were no committees or public participation involved in this project.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. ST EPS F OLLOWING APPROVAL:

Execute the Contract with the contractor, conduct a preconstruction conference and issue the Notice to Proceed.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution 2023-XXX

2. Attachment B – Bid Results

3. Attachment C – Contract

4. Attachment D – Commitment Letter from Modesto Fire Department

5. Attachment E – Commitment Letter from Turlock Fire Department

6. Attachment F – Commitment Letter from Modesto Junior College RFTC

7. Attachment G – Commitment Letter from Stanislaus Consolidated Fire Protection District

8. Attachment H – Presentation
ITEM 10
ITEM 10
RES
OLUTION NO. 2023-XXX
AW

ARDING THE CONTRACT FOR THE SITE IMPROVEMENTS FOR

THE PUBLIC SAFETY TRAINING FACILITY PROJECT LOCATED AT
FIRE STATION NO. 3 TO MACHADO & SONS CONSTRUCTION INC., AUTHORIZING A 10% CONTINGENCY, AND AUTHORIZING THE

INTERIM CITY MANAGER TO EXECUTE THE CONTRACT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, proposals for the S ite Improvements for the Public Safety Training Facility project located at Fire Station No. 3 were due on August 10, 2022; and W
HEREAS, the lowest responsive and responsible bid for the Phase I S ite Improvements for the Public Safety Training Facility project was received from Machado & Sons Construction Inc., in the amount of $154,612.00; and W
HEREAS, a construction contingency in the amount of 10% , or $15,461.00, is appropriate to accommodate any unforeseen costs , bringing the total authorization to $170,073.00; and
W
HEREAS, the City of Ceres has budgeted in FY 2023/24; CIP an amount of $100,000.00 and a carryover amount of $300,000.00 from fiscal year 2021/22, totaling $400,000.00 for the construction of the public safety training facility; and W
HEREAS, the site improvements for the Public Safety Training Facility project was programmed and carried over in account number 49995.800500.

NO
W, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres does hereby award the contract for the site improvements for the Public Safety Training Facility Project l ocated at Fire Station No. 3 t o Machado & Sons Construction Inc. , authorizes a 10% contingency, and authorizes the Interim City Manager t o execute the contract.

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 9th day of October 2023, by the following vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_______________________________
Javier Lopez, Mayor
ATTEST:
___
_______________________________
Fallon Martin, City Clerk
ITEM 10

ATTACHMENT A
ITEM 10
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Mobilization LS 1 $15,000.00 $15,000.00 $8,200.00 $8,200.00 $20,000.00 $20,000.00 $8,100.00 $8,100.00 2 Demolition & Disposal of
Material LS 1 $7,500.00 $7,500.00 $6,430.00 $6,430.00 $25,420.00 $25,420.00 $20,100.00 $20,100.00 3 Grading & Earthwork (Fill) CY 120 $180.00 $21,600.00 $287.50 $34,500.00 $150.00 $18,000.00 $314.70 $37,764.00 4 Reinforced Concrete Foundation LS 1 $125,000.00 $125,000.00 $65,950.00 $65,950.00 $83,730.00 $83,730.00 $109,700.00 $109,700.00 5 Crushed Rock CY 55 $380.00 $20,900.00 $203.00 $11,165.00 $241.00 $13,255.00 $319.00 $17,545.00 6 6" PVC Piping, Fire Hydrant &
Disinfection LS 1 $30,000.00 $30,000.00 $28,367.00 $28,367.00 $32,986.00 $32,986.00 $28,510.00 $28,510.00 $220,000.00 $154,612.00 $193,391.00 $221,719.00
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Mobilization LS 1 $15,000.00 $15,000.00 $20,826.00 $20,826.00 2 Demolition & Disposal of
Material LS 1 $7,500.00 $7,500.00 $24,079.00 $24,079.00 3 Grading & Earthwork (Fill) CY 120 $180.00 $21,600.00 $419.63 $50,355.00 4 Reinforced Concrete Foundation LS 1 $125,000.00 $125,000.00 $89,689.00 $89,689.00 5 Crushed Rock CY 55 $380.00 $20,900.00 $377.49 $20,762.00 6 6" PVC Piping, Fire Hydrant &
Disinfection LS 1 $30,000.00 $30,000.00 $50,891.00 $50,891.00 $220,000.00 $256,602.00TOTAL BID:

SUB-CONTRACTORS:

RELIABLE FIRE & SECURITY
Engineer's Estimate TCB INDUSTRIAL INC.

MODESTO, CA
SUB-CONTRACTORS:

FIRE TRAINING FACILITY PHASE 2 TACTICAL TOWER

BID TABULATION SHEET
BID DUE: AUGUST 10, 2022 at 2:00 PM
Engineer's Estimate

MACHADO & SONS
CONSTRUCTION INC. F. LODUCA CO.

TURLOCK, CA STOCKTON, CA
(P22-002)

UNITED PAVEMENT MAINTENCE

HUGHSON, CA
TOTAL BID:

NONENONENONE
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OFFICE OF THE FIRE CHIEF

MEMORANDUM
Kevin Wise
409 12TH STREET | MODESTO, CALIFORNIA 95354 | 209.572.9590 “PROUDLY SERVING, PROTECTING, AND PARTNERING FOR A SAFER COMMUNITY” Modesto | Ceres | Oakdale | Knights Ferry | Valley Home | Riverbank | Empire | Waterford | La Grange | Turlock Date: August 23, 2023
To: Doug Dunford
From: Kevin Wise (Interim Fire Chief)
Subject: Station 17 Training Tower Project
_____________________________________________________________________________________ Mr. Dunford,
The Modesto Fire Department is excited to support the Training Tower project at Station 17. Since the inception of our three-year Training MOU with the City of Ceres and our MST partners in 2019 and subsequent five-year extension of that agreement in 2022 this partnership has had a positive impact on public safety within our jurisdictions. The firefighters that serve the community of Ceres and our MST partners are better trained and prepared to meet the challenges of today’s fire and rescue services. The proposed training tower prop for Station 17 will offer our personnel an even greater opportunity to increase their skills in a multifamily multistory apartments, multistory hotels and commercial buildings all of which are prevalent through out the City of Ceres. Law enforcement will be able to utilize this training prop as well for their perspective training needs. Again, we appreciate our partnership which will undoubtedly make our public safety personnel better prepared to serve the citizens of Ceres.

Respectfully,
Kevin D. Wise
Interim Fire Chief
ITEM 10
ITEM 10

OFFICE OF THE DEPUTY
CHIEF | Turlock Fire
Department

MEMORANDUM

ANDREW HUNTER
409 12TH STREET | MODESTO, CALIFORNIA 95354 | 209.572.9590 “PROUDLY SERVING, PROTECTING, AND PARTNERING FOR A SAFER COMMUNITY” Modesto | Ceres | Oakdale | Knights Ferry | Valley Home | Riverbank | Empire | Waterford | La Grange | Turlock | Salida Date: 8.23.2023
To: Ceres City Manager, Doug Dunford
Subject: Training Tower at Fire Station 17.
_____________________________________________________________________________________ As the Deputy Chief assigned to Turlock Fire Department, I want to express our financial support for the proposed training tower that will be constructed at station 17. This facility will play a pivotal role in enhancing the training and capabilities of our firefighters, contributing to the overall success of MST. The tower’s multifunctional design will allow for realistic simulations of various emergency scenarios, helping our firefighters develop essential skills and techniques that mirror real-life situations. This hands-on training will contribute to positive outcomes on the incidents our crews respond to.

Andrew Hunter
Deputy Chief
Modesto Fire Department
ITEM 10
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OFFICE OF

DEPUTY FIRE CHIEF

CHRIS JELINEK
[email protected]
420 SERVICE ROAD | CERES, CALIFORNIA 95380 | 209 303-7772 “PROUDLY SERVING, PROTECTING, AND PARTNERING FOR A SAFER COMMUNITY” Modesto | Ceres | Oakdale | Knights Ferry | Valley Home | Riverbank | Empire | Waterford | La Grange | Turlock August 23, 2023
ATTENTION: Doug Dunford, City of Ceres City Manager
RE: Commitment of funds to the Station 17 Training Tower Project Dear Mr. Dunford,
I currently serve as a Modesto Fire Department Deputy Chief, currently assigned as the Interim Director for Modesto Junior College’s Fire Technology Programs. On behalf of the Modesto Junior College Regional Fire Training Center (MJC RFTC), we are pleased to commit $250,000 towards the construction of the new training tower at Station 17 within the City of Ceres. I have working closely with MJC Dean Pedro Mendez who has oversight for MJC’s public safety programs to allocate a portion of a Federal Omnibus Appropriation recently awarded to the RFTC. These grant funds are dedicated in part for acquisition of facilities and fire training props to facilitate expanded course delivery for both MJC students and the College’s regional public safety partners.

Use of this Federal grant requires adherence to grant performance tracking, audit compliance, and program expenditures be documented and reported. As we move the project forward, we need to work closely with your team to ensure we can adhere to these standards and also build an appropriate schedule for release of funds.

Thank you very much for your support of this project!
Respectfully,
Chris Jelinek
Deputy Fire Chief
Assigned to MST Training Division and RFTC

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Modesto Fire Department

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Mission
• We are a professional, community service-driven
organization that provides All-Risk Emergency
Services to meet the needs of our community.

As a regional leader in innovation and training in
the fire service, our mission is to serve, protect
and partner with you for a safer Community.

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Background
• 2019- Three Year Training MOU
▫ CFD, MFD, SCFPD, and SFPD
• 2021- Contract for Service with MFD
• 21-22- CIP Phase 1 for Station 3
• 2022- Five Year Training MOU
▫ Ceres, MFD, SCFPD, and TFD
• 2023-RFP for tower foundation
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Training Division
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Training Facility Before
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Training Center Transformation
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Training Facility Afterwards
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Training
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Training Tower Prop
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Training Tower Prop
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Training Tower Prop
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Training Tower Prop
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Modular Training Tower
• Durability
• Configurable to training needs
• Allows for training that we currently don’t have the
ability to perform with other props.
• Interchangeable doors, windows, and walls
• Minimal Maintenance
• Allows for future expansion if needed
• Dynamic and realistic options to enhance training
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Training Advantages
• Above-ground hose stretching in simulated multifamily dwellings with interior and exterior stairways.
• Truck Company aerial operations
• Search and Rescue for commercial and residential
scenarios
• Repelling station for technical rescue operations training • Law Enforcement SIMS Training
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Estimated Cost
• Estimated cost of 1.2 million for the training tower
• Includes 10% Contingency
• Foundation
• Tower
• Pavement and reseal of existing pavement
• Associated Inspections
• Each agency in the Training MOU will contribute to the overall cost including Stanislaus County and Modesto Junior College
• Ceres would contribute from Fire Facility Fund
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Ceres City CouncilOctober 9, 2023

Ceres City Council
October 9, 2023