Agenda — Ceres City Council, November 13, 2023

AGENDA
Amendment #1
Dated: November 8, 2023

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

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

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

CALL TO ORDER

Mayor Lopez

ROLL CALL

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

Martinez (District 4)

INVOCATION

Invocation by Tim Giannosa, Big Valley Grace Community Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/84541771462?pwd=QSt3N1dDSXZPRHBIWXhNNE9yZlY1QT09

Webinar ID: 845 4177 1462; Passcode: 106969; or Dial: (669) 900-6833

PUBLIC COMMENTS VIA ZOOM HAVE BEEN SUSPENDED. PUBLIC COMMENT DURING THE MEETING MUST BE MADE IN-PERSON. MEMBERS OF THE PUBLIC MAY STILL VIEW THE MEETING VIA ZOOM.

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR

WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.

AGENDA
Regular City Council Meeting
November 13, 2023

Page 2 ends

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. Small Business Saturday Proclamation

B. Lung Cancer Awareness Month Proclamation

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

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

APPOINTMENTS TO BOARDS/COMMISSIONS

C. Interview Process for Appointment to the Planning Commission

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 November 13, 2023 City Council Meeting was Posted on Wednesday, November 8, 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. (City Clerk) a. October 9, 2023
b. October 23, 2023

4. Register of Audited Demand(s) Dated October 12, 2023 through October 25, 2023. (City Manager)

5. Consideration to Cancel the Regularly Scheduled City Council Meeting of November 27, 2023. (City Clerk)
AGENDA
Regular City Council Meeting
November 13, 2023

Page 3 ends

6. Consideration to Cancel the Regularly Scheduled City Council Meeting of December 25, 2023. (City Clerk)

7. Resolution No. 2023-XXX, Approving a Filing Fee for Massage Establishments, Schools of Massage, Every Person Who Proposes to Engage in the Practice of Massage, and Every Person Who Proposes to be an Instructor or Trainee in a School of Massage. (Collins)

8. Resolution No. 2023-XXX, Awarding a Professional Engineering Services Contract for the Storm Drain Master Plan (SDMP) – Programmatic CEQA Initial Study and Mitigated Negative Declaration to Black Water Consulting Engineers, Authorizing a Budget Amendment, and Authorizing the Interim City Manager to Execute the Contract. (Royal)

9. Resolution No. 2023-XXX, Authorizing a Budget Amendment and Authorizing the Interim City Manager to Purchase a Ford F-150 Electric Vehicle (EV) from Rush Ford for Use by the Public Works Superintendent. (Royal)

10. Resolution No. 2023-XXX, Awarding the Construction Contract for Well 38 Discharge and Irrigation Project to Rolfe Construction Inc., Authorizing a 10% Contingency, and Authorizing the Interim City Manager to Execute the Contract. (Waugh)

11. Resolution No. 2023-XXX, Approving Spectrum Enterprise Internet for a Three- Year Term and Authorizing the Interim City Manager to Execute the Agreement. (Frederick)

12. Resolution No. 2023-XXX, Approving a Budget Amendment to Correct the 23475.029900 Budget Account to Reflect the Balance of the Awarded SB2 Grant. (Hoem)

13. Resolution No. 2023-XXX, Approving an Expenditure to Remodel the Building Division Office Area and Authorizing the Interim City Manager to Execute the Contract with Integrated Systems. (Hoem)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

AGENDA
Regular City Council Meeting
November 13, 2023

Page 4 ends

PUBLIC HEARING

14. Ordinance No. 2023-XXXX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend Mobile Food Truck Regulations. (City Manager)

15. Adding and Repealing Ceres Municipal Code Ordinances. (City Attorney) a. Ordinance No. 2023-XXXX, Adding Chapter 7, Protection of Critical Infrastructure, of Title 6, Health and Sanitation, to the Ceres Municipal Code.

b. Ordinance No. 2023-XXXX, Adding Chapter 8, Health and Hygiene, of Title 6, Health and Sanitation, to the Ceres Municipal Code.

c. Ordinance No. 2023-XXXX, Repealing Section 18.28.120 – Overnight Camping in Residential, Commercial and Industrial Related Zoned Properties, of Chapter 18.28 Special Provisions, of Title 18, Zoning; adding Chapter 22, Camping Within City Limits, of Title 9, Public Peace, Safety and Morals, to the Ceres Municipal Code; and amending Title 6, Chapter 1,Section 6.01.160, Illegal/unauthorized dumping, of the Ceres Municipal Code.

This public hearing will be continued to a future Regular City Council Meeting.

NEW BUSINESS

None

DISCUSSION ITEMS

16. Public Murals and the Creation of a Mural Ad Hoc Committee. (Hoem)

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

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

 Mayor
 City Council
 City Manager
 City Attorney
 Departments
 County Supervisor
AGENDA
Regular City Council Meeting
November 13, 2023

Page 5 ends

CLOSED SESSION

17. 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

None

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on December 11, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Council Agenda:

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

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours.

Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538-5731.

AFFIDAVIT OF POSTING I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, November 8, 2023, at the following locations in Ceres: Community Center Display Case – 2701 Fourth Street __________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk AGENDA
Regular City Council Meeting
November 13, 2023

Page 6 ends

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).

DECLARING NOVEMBER 25, 2023 AS

SMALL BUSINESS SATURDAY

WHEREAS, Small Business Saturday was first observed on November 27, 2010, as a day designated for promoting small, locally owned, independent businesses to shoppers and consumers during the holiday season; and

WHEREAS, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday; and

WHEREAS, according to the U.S. Small Business Administration there are nearly 32 million independent businesses throughout the nation; and

WHEREAS, Ceres’ community of small business owners are pivotal to our city’s economic future as the drivers of innovation and job creation, and represent the very essence of the American dream; and

WHEREAS, it is important to support Ceres ’ valued small bu sinesses, which create jobs, boosts the local economy, and preserves 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 Cas ey, Rosalinda L. Vierra, and Daniel A. Martinez , do hereby declar e Saturday, November 25, 202 3 as Small Busin ess Saturday in Ceres, and urge the residents of our community to support small businesses and merchants.

Proclaimed this 13th day of November, 2023

___________________________
Javier Lopez, Mayor
ITEM A
ITEM A

DECLARING NOVEMBER 2023 AS

LUNG CANCER AWARENESS MONTH

WHEREAS, in the United States, lung cancer is the second most common cancer in both men and women, and it is the leading cause of death from cancer ; and

WHEREAS, the American Cancer Society estimates l ung c ancer makes up 238,340 new cases and approximately 127,070 deaths in the United S tates for 2023; and

WHEREAS, screening tests for lung cancer such as low -dose computed tomography (LDCT) have been proven to significantly reduce lung cancer mortality in those at risk by at least 20%; and

WHEREAS, screening utilization rates remain low at 6%, but increased awareness of the access to prevention and early detection can save lives; and

WHEREAS, funding for lung cancer research trails far behind research funding for many other cancers, and additional research is needed in early diagnosis, screening, and treatment; and

WHEREAS, Lung Cancer Awareness Month is observed annually in the month of November to heighten awareness of the disease and bring at tention to the need for additional research.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Cas ey, Rosalinda L. Vierra, and Daniel A. Martinez , do hereby declare the month of November 202 3 as Lung Cancer Awareness Month in Ceres, and invite all citizens to learn about lung cancer and early detection through lung cancer screening.

Proclaimed this 13th day of November, 2023

____
_______________________
Javier Lopez, Mayor
ITEM B
ITEM B

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: November 13, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778
SUBJECT: Interview Process for Appointment to the Planning Commission

RECOMMENDED COUNCIL ACTION:

Staff recommends City Council appoint a sub- committee for the purpos e of the Planning Commission interview process.

I. BACKGROUND:

The City of Ceres is currently conducting a recruitment for one seat on the Planning Commission. The recruitment notice, along with instructions on how to apply were published in the Ceres Courier on Novem ber 1 and 8, 2023. In addition, the advertisement was posted on the City’s website and various social media platforms from various City department’s social media account s. The final filin g date is Wednesday, November 15, 2023 at 5:00 PM.

Members of the Planning Commission are appointed by Council. Past practice is the sub- committee interview each applicant prior to a City Council meeting, and then present their recommended selection to the City Council at a regular City Council meeting. The Community Development Director will attend and support the interview panel to answer questions.

II. REASONS FOR RECOMMENDATION:

N/A

III. FISCAL IMPACTS:

N/A

ITEM C
IV. EXISTING POLICY / RELATION SHIP TO THE STRATEGIC PLAN:

N/A

V. POLICY ALTERNATIVES:

N/A

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

The sub-committee will review applications and interview applicants on December 11, 2023, prior to the City Council meeting.

The sub-committee will recommend an appoi ntment to the Planning Commission, pending Council consensus.

Approved by: _____________________
Douglas D. Dunford
Interim City Manager
ITEM C

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

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

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

Ma
yor Lopez called the October 9, 2023 meeting to order at 6:00 p.m.

ROLL CALL – Present:

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

Martinez (District 4)

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

INVOCATION

I
nvocation by Dick Conners, Ceres First Baptist Church.

PLEDGE OF ALLEGIANCE

P
ledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS

A. P
roclamation for Ivy Laffoon

Ceres City Council and Danielle Morgart, a representative with Assemblyman Juan Alanis’ presented a proclamation honoring the life of Ivy Laffoon.

Paul Laffoon and family accepted the proclamation.

B. Proclamation for National Fire Prevention Week

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 9, 2023

Page 2 ends

Ceres City Council and Danielle Morgart, a representative with Assemblyman Juan Alanis’ presented a proclamation recognizing National Fire Prevention Week.

Interim Fire Chief Kevin Wise accepted the proclamation.

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

D
ave Pratt spoke regarding bicycle riders on sidewalks and cars with loud mufflers.

Gene Yeakley spoke regarding council meeting decorum and the Police Department’s Code Enforcement Division and traffic officers.

Ashley Shaw spoke regarding the City of Ceres dispatch salaries.

Michaela Richter spoke regarding the City of Ceres dispatch salaries.

Loreal Ahart spoke regarding the City of Ceres dispatch salaries.

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 – 6 . 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

1. Clerks Report of Posting. The agenda of the August 28, 2023 City Council Meeting was Posted on Wednesday, October 4, 2023. (City Clerk)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 9, 2023

Page 3 ends

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)

5. Resolution No. 2023-131, Accepting River Bluff Pump Station Project as Partially Complete and Releasing a Partial Retention Amount to the Contractor. (Waugh)

6. Resolution No. 2023-132, 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

N
one

UNFINISHED BUSINESS

7. R
esolution No. 2023-133, 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)

Community Development Director, Christopher Hoem, introduced the item.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included why the Walmart/Gateway intersection was included with Parcel 1, how much of the acreage of Parcel 1 will be accessible for development, having conversations with Walmart regarding the entrance on Service Road being moved to line up with the Gateway entrance, Surplus Land Act requirements and process, and making a motion to not include Parcel 1 as surplus land.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving Parcel 2 as surplus land (and not Parcel 1).

Motion carried 4/1/0/0 by the following roll call vote:

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

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) ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 9, 2023

Page 4 ends

City Attorney, Nubia Goldstein, introduced the item.

Council consensus on scheduling a special meeting to hold the remainder of the City Council Rules and Procedures workshop.

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

Dave Pratt spoke in favor of keeping Zoom for public participation.

John Warren spoke regarding meetings prior to Covid- 19 and going back to that format.

Gene Yeakley spoke regarding the ability to mute inappropriate language.

Mayor Lopez closed public comment.

Council and staff discussion included the options to choose from regarding Zoom and the frequency of inappropriate comments being made at a Council Meeting via Zoom.

Action: Motion by Councilmember Martinez , seconded by Councilmember Vierra , approving to continue using Zoom for viewing purposes only, not for public participation/comment .

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 No Yes

PUBLIC HEARING

N
one

NEW BUSINESS

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

Council consensus to table item 9 for a future council meeting.

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)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 9, 2023

Page 5 ends

Engineering Services Director, Kevin Waugh, and Interim Fire Chief Kevin Wise introduced the item.

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

John Warren spoke regarding project cost share and total project cost.

Mayor Lopez closed public comment.

Council and staff discussion included the construction of the fire tower going out to bid, the cost of the project and cost share, the current training center that is being used, the benefits of having a new fire training center and having it located in Ceres, and fluctuation of project cost.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 10. Motion carried 4/1/ 0/0 by the following roll call vote:

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

DISCUSSION ITEMS

N
one

COUNCILMEMBER REFERRALS

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

Vice Mayor Silveira introduced the referral.

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

John Warren spoke regarding vision obstruction at an intersection going southbound on 9
th Street.

Mayor Lopez closed public comment.

Council and staff discussion included a future agenda item to do a warrant study at Roeding Road and 9th Street as well as Third Street and North Street and clarifying the process for the referral.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 9, 2023

Page 6 ends

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

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

Councilmember Vierra introduced the referral.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included using temporary cameras at Independence Park.

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

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

Councilmember Vierra introduced the referral.

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

Gene Yeakley spoke regarding enforcement of those who do not follow the rules of the event.

Mayor Lopez closed public comment.

Council and staff discussion included having Code Enforcement use the event as an education and outreach opportunity, cost and staffing required for the event.

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

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

Councilmember Vierra introduced the referral.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included homelessness update at a future council meeting, cost of implementing the program, and funding of the program.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 9, 2023

Page 7 ends

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

15. Joint City Council and Planning Commission Workshop on the Economic Development Strategic Plan
(Requested Referral by Mayor Lopez at October 9, 2023 City Council Meeting)

REPORTS

•
Mayor

Mayor Lopez announced he will be a judge at the Bands, Brews, & BBQ Throwdown.

• City Council

Councilmember Martinez spoke regarding the Trunk -or-Treat event the City of Ceres is holding on October 28, 2023 from 2:00 p.m. – 4:00 p.m. at Whitmore Park.

Councilmember Casey spoke regarding the annual Out of the Darkness walk that was hosted by the American Foundation for Suicide Prevention at Graceada Park in Modesto on September 30, 2023.

Councilmember Vierra spoke regarding the Opportunity Stanislaus and the annual Kabaddi event.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Sam Royal, Director of Public Works, spoke regarding the Leaf & Limb Program that began October 1
st and will go through January 9, 2024.

Joey Chavez, Recreation Manager, gave an update on the Military Banner Program and additional banners will be put up the week of November 10, 2023.

Kevin Waugh, Director of Engineering Services, spoke regarding a commendation received for the Morrow Village Phase II Project and signage on the Smyrna Park Project.

• County Supervisor
Supervisor Channce Condit spoke regarding the community cleanup day that will be ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 9, 2023

Page 8 ends

taking place on November 4 th from 7:00 a.m. – 1:00 p.m. at the County Behavioral Health Center located at 1904 Richland Ave. in Ceres.

Assemblymember Alanis’ office gave an update on various assembly bills.

• Public

Dave Pratt spoke regarding a veterans hotline for relating to suicide prevention.

Irene Ortiz spoke regarding Cost Less’ 20
th anniversary.

CLOSED SESSION

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

17. C onference 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

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

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.

T
here being no further business, Mayor Lopez adjourned the meeting at 9:06 p.m.

_____________________________
Javier Lopez, Mayor

____________________________
Fallon Martin, City Clerk

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

ITEM 3

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

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

City Council Chambers, 2701 Fourth Street
Monday, October 23, 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 October 23, 2023 meeting to order at 6:00 p.m.

ROLL CALL – Present:

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

Martinez (District 4)

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

INVOCATION

I
nvocation by Mayor Lopez.

PLEDGE OF ALLEGIANCE

P
ledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS

A. P
roclamation for Ivy Laffoon

Yolanda White with the American Legion and Freddy Morales with the Veterans of Foreign Wars accepted the proclamation.

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

G
avin Cline spoke regarding updates on Congressman John Duarte’s office.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 23, 2023

Page 2 ends

Destiny Suarez with Senator Marie Alvarado- Gil’s office presented a proclamation for Veterans Day.

Danielle Morgart with Assemblyman Juan Alanis’ office presented a proclamation for Veterans Day.

Justin Vosbein spoke regarding the salary for City of Ceres dispatchers.

Amber Scott spoke regarding the salary for City of Ceres dispatchers.

Amy Claus spoke regarding signatures she received for a petition to amend the City ordinance related to yard sales.

Loreal Ahart spoke regarding the salary for City of Ceres dispatchers.

Ashley Shaw spoke regarding the salary for City of Ceres dispatchers.

Gene Yeakley spoke regarding the salary for City of Ceres dispatchers, signage throughout the City, and the creation of a proclamation stating the City of Ceres recognizes veterans all year long.

Michaela Richter spoke regarding the salary for City of Ceres dispatchers.

Lorri Julien spoke regarding the salary for City of Ceres dispatchers.

APPOINTMENTS TO BOARDS/COMMISSIONS

B. P
lanning Commission Appointment

Community Development Director, Christopher Hoem, introduced the item.

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

John Warren spoke in favor of opening the recruitment to the public.

Mayor Lopez closed public comment.

Council and staff discussion included Ruldip “RJ” Jammu’s attendance as a commissioner, length of term and the recruitment process.

Action: Motion by Vice Mayor Silveira , seconded by Mayor Lopez, re- appointing Ruldip “RJ” Jammu to the Ceres Planning Commission.

Motion failed 2/3/0/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 23, 2023

Page 3 ends

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

Action: Motion by Councilmember Martinez , seconded by Councilmember Vierra , begin recruitment process to fill the Planning Commission vacancy . 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

CONFLICT OF INTEREST DECLARATION

N
one

CONSENT CALENDAR

A
ction: Motion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving items 1 – 4 and 6 – 10. 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

1. Clerks Report of Posting. The agenda of the August 28, 2023 City Council Meeting was Posted on Wednesday, October 4, 2023. (City Clerk)

3. Approval of Minutes for the September 25, 2023 Regular City Council Meetings. (City Clerk)

4. Register of Audited Demand(s) Dated September 27, 2023 through October 5, 2023. (City Manager)

5. Removed for separate consideration.

6. Resolution No. 2023-XXX, Approving the Electric Vehicle Charging Station License Agreement with the Turlock Irrigation District and Authorizing the Interim City Manager to Execute the Contract. (Royal)
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 23, 2023

Page 4 ends

7. Resolution No. 2023-XXX, Approving a Construction Management Service Contract Amendment to ICM Group Inc., Authorizing a Budget Amendment, and Authorizing the Interim City Manager to Execute the Amendment. (Waugh)

8. Resolution No. 2023-XXX, Approving a Construction Contract for the Police Station Uninterrupted Power Supply (UPS) Upgrade Project Funded by the American Rescue Plan Act (ARPA) to Cen Cal Electric, Inc., Authorizing a 10 % Contingency, and Authorizing the Interim City Manager to Execute the Contract. (Royal)

9. Resolution No. 2023-XXX, Approving the Construction Contract for Ochoa Park Phase II Improvement Project to Stockbridge General Contracting Inc., Authorizing a 10% Contingency, and Authorizing the Interim City Manager to Execute the Contract. (Waugh)

10. Resolution No. 2023-XXX, Approving the Lateral Transfer Incentive Policy. (Vasquez)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 5:

Removed for separate consideration by Councilmember Casey

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

Councilmember Casey spoke regarding the total tons of garbage picked up by Code Enforcement and Bertolotti.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Action: Motion by Councilmember Casey, seconded by
Councilmember Vierra, approving item 5. 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

11. R
esolution No. 2023-XXX, Approving the Final Design Plan for the Whitmore Park Gazebo Improvement Project. (Royal)

Public Works Director, Samir Royal, introduced the item.

Mayor Lopez asked for public comment.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 23, 2023

Page 5 ends

John Warren spoke regarding the cost to repair the gazebo.

Gene Yeakley spoke in favor of repairing the gazebo.

Mayor Lopez closed public comment.

Council and staff discussion included previous repairs to the gazebo, the gazebo’s age, planned power sources and signage.

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

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

PUBLIC HEARING

12. O
rdinance No. 2023 -XXXX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend the Food Truck Regulations, Including Increasing the Limit of 10 Stand-Alone Food Trucks Citywide to a Limit of 20, Maintaining Distance Buffers, Incorporating Existing Food Truck Policies into the Ceres Municipal Code, and Other Miscellaneous Changes. (City Manager)

Mayor Lopez stated the public hearing will be continued to the November 13, 2023 Regular City Council Meeting.

Mayor Lopez asked for public comment.

Gene Yeakley spoke regarding the number of food trucks and asking for input from the Police Department and Code Enforcement.

Victor Cruz spoke regarding the distance between food trucks.

John Warren inquired on whether there would be a public hearing on November 13 th.

Mayor Lopez closed public comment.

Council and staff discussion included this item ’s affect on Planning Commission items.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, to continue item to the November 13
th Regular City
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 23, 2023

Page 6 ends

Council Meeting. 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

NEW BUSINESS

13. R
esolution No. 2023 -XXX, Establishing Intention to Consider Pension Cost Mitigation Strategies, Including the Prepayment and/or Refinancing of a Portion of the City’s Outstanding Unfunded Accrued Pension Liability and Appointing Financial Consultants. (City Manager)

Interim City Manager, Doug Dunford, introduced the item.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included future financial goals and help available through the financial consultants.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 13. 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

14. Resolution No. 2023-XXX, Ratifying the Appointment of Shannon Esenwein to the Position of Director of Finance, Approving an Employment Agreement, and Authorizing the Interim City Manager to Execute the Agreement. (Vasquez)

Interim City Manager, Doug Dunford, introduced the item.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Action: Motion by Councilmember Martinez , seconded by Councilmember Vierra , approving item 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
October 23, 2023

Page 7 ends

DISCUSSION ITEMS

15. F
our-Way Stop Sign Referral Update. (Waugh)

Engineering Director, Kevin Waugh, introduced the item.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Council and staff discussion included breakdown of proposed expenses, estimate of a stop sign install, and CMAQ eligibility.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 15. 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

COUNCILMEMBER REFERRALS

16. R
equesting an Update to the Housing & Redevelopment Policy (Requested by Councilmember Vierra)

Councilmember Vierra introduced the referral.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

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

17. Utilize $10,000.00 of Council’s Travel Budget for the Employee Recognition Program
(Requested by Councilmember Casey)

Councilmember Casey introduced the referral.

Mayor Lopez asked for public comment.

John Warren spoke regarding funding for the water tower rehab and sound quality in the Council Chambers.

Brandy Meyer spoke regarding funding for the water tower rehab.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 23, 2023

Page 8 ends

Mayor Lopez closed public comment.

Council and staff discussion included alternate options for funding and other ways to recognize employees.

Council consensus was not reached to have this item placed on a future agenda.

18. Water Tower Rehab
(Requested by Councilmember Vierra)

19. Update Building Codes
(Requested by Councilmember Vierra)

20. CMAC Funding for Future Traffic Mitigation
(Requested by Councilmember Vierra)

REPORTS

•
Mayor

Nothing to report.

• City Council

Councilmember Martinez spoke regarding the Trunk -or-Treat event the City of Ceres is holding on October 28, 2023 from 2:00 p.m. – 4:00 p.m. at Whitmore Park.

Councilmember Vierra spoke regarding attending the Housing Summit on November 4 th at the MJC West campus, a future meeting with the Stanislaus County Housing Director regarding HOME funds, working with STEP on small business developments, the Stanislaus County C.H.A.T. Team, a code enforcement ride along, and attending the Concha with a Cop event.

Councilmember Casey spoke regarding the Red Poppy sale through the Veterans of Foreign Wars the first week in November.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
October 23, 2023

Page 9 ends

Public Works Director, Samir Royal, introduced Public Works Deputy Director, Jesus Chavez and Public Works Superintendent, Joshua Casas.

• County Supervisor

Nothing to report.

CLOSED SESSION

21. C
onference 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

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

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.

T
here being no further business, Mayor Lopez adjourned the meeting at 9:29 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.

ITEM 3
ITEM 3

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A Martinez, Dist. 4
MEETING DATE: November 13, 2023
Mayor and City Council TO:

FROM: Doug Dunford, Interim City Manager
CONTACT:

SUBJECT:

Lauren Robbins, Accountant
[email protected], (209) 538-5766
Register of Audited Demand(s) Dated October 12, 2023 through October 25, 2023
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated October 12, 2023, October 19, 2023, October 20, 2023 and October 25, 2023 covering obligations to be paid by general warrants #127976 through #128149 in the amount of $2,344,711.62.

I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented herewith a summary of demands against the City of Ceres covering obligations to be paid for the period ending October 25, 2023.

Each demand has been audited and I hereby certify to their accuracy and conformance with the budget. Sufficient funds are available for payment of these demands.

I declare under penalty of perjury that the register of audited demands has been examined by me and to the best of my knowledge and belief is a true, correct and complete listing of claims audited and payable.

Approved by: _____________ _
Attachments:

1. Warrant Register October 12, 2023 through October 25, 2023 Doug Dunford, Interim City Manager

COUNCIL AGENDA REPORT

CITY COUNCIL

Consideration to Cancel the Regularly Scheduled City Council Meeting of November 27, 2023
RECOMMENDED COUNCIL ACTION:

By minute order, cancel the second regularly scheduled City Council meeting of Nov ember 27, 2023.

I. BACKGROUND:

Section 2.02.010 of the Ceres Municipal Code specifies the regular meetings of the City Council shall be held on the second and fourth Monday of each month at 6:00 p.m. in the Ceres City Council Chambers.

Chapter II, Section G of The City Council Rules and Procedures states, “If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take such action at the earliest 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 cancellation shall also appear as an informative item on the agenda for the meeting immediately preceding the canceled meeting date.”

Cancellation of the November 27, 2023 meeting requires an affirmative vote of the City Council. The next regular scheduled City Council meeting will be held on Monday, December 11, 202 3. Should a meeting be necessary before December 11 , 202 3, a special meeting can be called which requires a 24-hour notice with posting the agenda.

II. REASONS FOR RECOMMENDATION:

Council will hold a special meeting on November 27, 2023 during the day to conduct City Manager interviews, which will be held in closed session.

ITEM 5
III. FISCAL IMPACTS:

There are no fiscal impacts associated with this item.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Clerk will post a Notice of Cancellation as prescribed by law, in the locations required by the City of Ceres on the Affidavit of Posting and the City website.

Approved by: ___________________
Douglas D. Dunford,
Interim City Manager
ITEM 5

COUNCIL AGENDA REPORT

CITY COUNCIL

Consideration to Cancel the Regularly Scheduled City Council Meeting of December 25, 2023
RECOMMENDED COUNCIL ACTION:

By minute order, cancel the second regularly scheduled City Council meeting of December 2 5, 2023.

I. BACKGROUND:

The second regular meeting in December typically falls near the Christmas holiday and has traditionally been canceled due to the holiday season and potential lack of a quorum as well as to avoid public criticism of conducting business during a time in which people are away from the City or focused on other matters. This year, the second regularly scheduled meeting in December falls on Christmas day, which is observed as a holiday.

Cancellation of this meeting requires an affirmative vote of the City Council. The next regular scheduled City Council meeting will be held on Monday, January 8, 2024. Should a meeting be necessary before January 8 , 2024, a special meeting can be called which requires a 24-hour notice with posting the agenda.

II. REASONS FOR RECOMMENDATION:

The second regularly scheduled City Council meeting in December 2023 falls on Christmas day. As a result, City offices will be closed in observance of the Christmas holiday.

ITEM 6
III. FISCAL IMPACTS:

There are no fiscal impacts associated with this item.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Clerk will post a Notice of Cancellation as prescribed by law, in the locations required by the City of Ceres on the Affidavit of Posting and the City website.

Approved by: ____________________
Douglas D. Dunford,
Interim City Manager
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023 -XXX, Approving a Filing Fee for Massage Establishments, Schools of Massage, Every Person Who
Proposes to Engage in the Practice of Massage, and Every Person Who Proposes to be an Instructor or Trainee in a School of Massage
RECOMMENDED COUNCIL ACTION:

Staff recommends th e City Council a pprove a filing fee for massage parlor establishments, schools of massage, massage practitioners, and every person who proposes to be an instructor or trainee in a school of massage.

I. BACKGROUND:

Ceres Municipal Code Section 5.16.060 requires every person who proposes to maintain, operate, or conduct a massage establishment or a school of massage in the City shall file an application and pay a filing fee of an amount established by City Council. The same fee shall be paid by those who proposed to be employed by a massage establishment or school of massage, every person who proposes to engage in the practice of massage, and every person who proposes to be an instructor or trainee in a school of massage.

This amount may be amended from time to time by resolution, and which shall not be refundable.

Staff realized the City did not have a City Council approved filing fee when two different massage establishments tried to start an application process in the recent past. Referring to the municipal code, Staff determined a $141.18 filing fee is appropriate. This filing fee was calculated by Finance using the applicable wages for staff who will review and process massage parlor permit applications. The fee is exclusive of Building Official’s involvement with site inspections which will vary depending on the size and scope of the massage parlor.

ITEM 7
II. REASONS FOR RECOMMENDATION:

Approving the proposed filing fee is required by the municipal code. Additionally, businesses wishing to embark in the massage parlor/massage school industry will have an established fee they can expect to pay when filing the appropriate application. This allows for better efficiency and communication between the City and potential business operators.

III. FISCAL IMPACTS:

There are no fiscal impacts. Filing fees will be paid to the City by those wishing to establish massage parlor/massage schools in Ceres.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Approval of th e filing fee fulfills the strategic plan for Government Operations: “Provide quality services to meet community needs, assuring the City has helpful, well trained and properly equipped and sufficient staff who partners with other public agencies to provide efficient services.”
V. POLICY ALTERNATIVES:

Council could choose to not approve the proposed filing fee . If not approved, the City would not have a Council approved filing fee for potential massage parlor operators to pay when filing their application(s).

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

Following Council approval, the Planning Division will add the approved filing fee to the existing list of approved user fees.

Approved by: _____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution
ITEM 7

RESOLUTION NO. 2023-XXX

APPROVING A FILING FEE FOR MASSAGE ESTABLISHMENTS, SCHOOLS OF

MASSAGE, EVERY PERSON WHO PROPOSES TO ENGAGE IN THE PRACTICE

OF MASSAGE, AND EVERY PERSON WHO PROPOSES TO BE AN INSTRUCTOR

OR TRAINEE IN A SCHOOL OF MASSAGE

THE CITY COUNCIL
City of Ceres

WHEREAS, Ceres Municipal Code Section 5.16.060 requires every person who proposes to maintain, operate, or conduct a massage establishment or a school of massage in the City shall file an application and pay a filing f ee of an amount established by City Council; and

WHEREAS, the same fee shall be paid by those who propose to be employed by a massage establishment or school of massage, every person who proposes to engage in the practice of massage, and every person who proposes to be an instructor or trainee in a school of massage; and

WHEREAS, this amount may be amended from time to time by resolution and which shall not be refundable; and

WHEREAS, staff and Finance determined a $141.18 filing fee is appropriate and is exclusive of the Building Official’s involvement with site inspections.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the C ity of Ceres does hereby approve a filing fee for massage establishments, schools of massage, every person who proposes to engage in the practi ce of massage, and every person who proposes to be an instructor or trainee in a school of massage.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of November 2023, by the following vote:

AYES: Councilmembers:

NOES: C ouncilmembers:

ABSENT: Councilmembers:

ABSTAIN: C ouncilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk

ATTACHMENT A
ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023- XXX, Awarding a Professional Engineering Services Contract for the Storm Drain Master Plan (SDMP) – Programmatic CEQA Initial Study and Mitigated Negative
Declaration to Black W ater Consulting Engineers, Authorizing a Budget Amendment, and Authorizing the Interim City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council award the contract for the Storm Drain Master Plan (SDMP) - Programmatic CEQA Initial Study and Mitigated Negative Declaration to Black W ater Consulting Engineers in the amount of $59 ,884.00, authorize a budget amendment , and authorize the Interim City Manager to execute the contract.

I. BA CKGROUND:

In 1995, the city adopted a Storm Drain Study and Master Plan to address deficiencies and identify growth induced improvements to the City’s storm drain system . Since the adoption of the 1995 St orm Drain Master Plan (SDMP), there have been significant planning and regulatory changes, including the identification of several large development projects and promulgation of Low Impact Development (LID) practices.

On May 9
th, 2018, Black Water Consultant Engineers were awarded a contract to prepare a Storm Drain Master Plan (SDMP) update for the City of Ceres to discern necessary improvements to the City’s storm drainage collection, treatment, and disposal system and identify potential new development within the City’s existing service area and “Sphere of Influence”, as defined in Ceres General Plan 2035.

II. REA SONS FOR RECOMMENDATION:

ITEM 8
The Storm Drain Master Plan ( SDMP) will be subject to the California Environmental Quality Act (CEQA), requiring the City to submit a Mitigated Negative Declaration (MND) to the State of California, a formal document that details the (SDMP) project’s planned measures to mitigate or avoid potential significant environmental impacts. The MND is determined by an initial study formulated to define future improvements and anticipated projects, describe their potential impacts, and define uniform mitigation measures in a programmatic CEQA document. The adoption of an MND provides a more simplified and accelerated approach to the CEQA review process . However, its applicability is predicated on a thorough, referenced, initial study which serves as the primary reference and critical documentation supporting the City’s determination to prepare an MND.

Basecamp Environmental a subconsultant for Black Water Consultant Engineers, submitted a proposal for the Storm Drain Master Plan (SDMP) project for Engineering services to complete a Programmatic CEQA initial study and mitigated negative declaration for a total amount of $59,884.00.

III. F
ISCAL IMPACTS:

The Storm Drain Master Plan project (SDMP) was included and programmed in the Capital Improvement Program (CIP) list FY18/19 in account 567.95.132300 in the amount of $250,000.00. We are requesting additional funds and a budget amendment in the amount of $60,000.00 to fully fund this project in its entirety.

IV. EXI STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. PO
LICY ALTERNATIVES:

City Council can choose to direct staff to reject CEQA Initial Study which is a legal requirement under the CEQA regulations. This is not recommended as it will impede the City’s capability to continue the development of the SDMP project, leaving the City vulnerable to future system deficiencies and delay progress on any new development planned in the near future.

VI. I NTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBL IC PARTICIPATION:

N/A
VIII. ENVI RONMENTAL REVIEW:

A CEQA environmental initial study will be conducted before completion of the update Storm Drain Master Plan (SDMP) prior to adoption.

ITEM 8
IX. STEPS FOLLOWING APPROVAL:

Execute the contract with Black Water Consultant Engineers and issue a Notice to Proceed.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Professional Services Agreement
ITEM 8
ITEM 8

ATTACHMENT A
RESOLUTION NO. 2023-XXX

AWARDING A PROFESSIONAL ENGINEERING SERVICES

CONTRACT FOR THE STORM DRAIN MASTER PLAN (SDMP) -

PROGRAMMATIC CEQA INITIAL STUDY AND MITIGATED NEGATIVE

DECLARATION TO BLACK WATER CONSULTING ENGINEERS,

AUTHORIZING BUDGET AMENDMENT, AND AUTHORING THE

INTERIM CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, in 1995, the city adopted a Storm Drain Study and Master Plan which address deficiencies and identify growth induced improvements to the City’s storm drain system; and

WHEREAS, since the adoption of the 1995 St orm Drain master Plan (SDMP), there has been significant planning and regulatory changes, such as the identification of several large development projects and promulgation of Low Impact Development (LID) practices; and

WHEREAS, on May 9
th, 2018, Black Water Consultant Engineers was awarded a contract to prepare a Storm Drain Master Plan (SDMP) update for the City of Ceres to discern necessary improvements to the City’s storm drainage collection, treatment and disposal system and identify potential new development within the City’s existing service area and “Sphere of Influence”, as defined in Ceres General Plan 2035; and

WHEREAS, Black Water Consultant Engineers , the City’s on -call consultant, submitted a proposal for the Storm Drain Master Plan (SDMP) project for engineering services to complete a Programmatic CEQA initial study and mitigated negative declaration for a total amount of $59,884.00; and

WHEREAS, th e Storm Drain Master Plan project (SDMP) was included and programmed in the Capital Improvement Program (CIP) list FY18/19 in account 567.95.132300 in the amount of $250,000.00; and

WHEREAS, city staff is requesting additional funds and a budget amendment in the amount of $60,000.00 to fully fund this project.
.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby a ward a p rofessional engineering services contract for the Storm Drain Master Plan (SDMP) - Programmatic CEQA Initial Study and Mitigated Negative Declaration to Black Water Consulting Engineers, authorizing a budget amendment, and authorizing the Interim City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of November 2023, by the following vote:

ITEM 8

ATTACHMENT A
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 8

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2023-__, dated November 13,2023, authorizing appropriations for Budget Adjustments to the Storm Drain Master Plan (SDMP), CEQA initial Study as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Storm Drain Master Plan 567 95 132300 $60,000.00

Requested Appropriation $60,000.00
2023 - 2024 Current Appropriation $250,000.00
Total Appropriation $310,00.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2023 - 2024 Current Estimated Revenue
Total Estimated Revenue

Fiscal Impact: Requesting additional funds to be able to complete CEQA Initial Study for the Storm Master Drain Plan Project.

ITEM 8
ITEM 8
Attachment C
Consultant – Professional Consultant (2023-24)
PROJECT AGREEMENT No. #1

TO TH E MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR NON-FEDERAL PROJECTS: Administrative Services
Providing: General professional consulting services to provide schedule and cost preparation of programmatic CEQA initial study and mitigated negative declaration for the updated storm drainage master plan
City of Ce res
Updated Storm Master Plan
This Project Agreement is made by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and Black Water Consulting Engineers a professional consulting firm, hereinafter referred to as “CONSULTANT”.

CITY
and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.

RE
CITALS
A. F ollowing a Request for Qualifications ( “RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed ba sis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Non-Federal Projects (“Master Agreement”) on November 28th, 2022.

B. Consultant has made a proposal to the City to provide such professional engineering s
ervices for the Cite. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“ Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement , the Master Agreement, and the Amendment.

C. T he Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A . The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement.

D. T he Parties have outlined the rates and method of payment to consultant f or its pe
rformance of the Services under this Agreement (“Compensation Schedule ”) , which shall be included in the Scope of Services in Exhibit A.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

ITEM 8

PROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND

BLACKWATER CONSLUTING

ENGINEERS

Page 2 ends

AGRE
EMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.

Sect
ion 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A.

Se
ction 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.

Se
ction 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement and the Amendment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.

Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“ Modification” or “Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Compensation Schedule. City’s total compensation to Consultant shall not exceed ($59,884.00) (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.

Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice to Proceed”). The Performance Schedule shall be adjusted for a start date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.

Sect
ion 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and shall conform to the ITEM 8

PROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND

BLACKWATER CONSLUTING

ENGINEERS

Page 3 ends

Pe
rformance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Sect
ion 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

Sect
ion 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.

Exhibit Designation Ex hibit Title
Exhibit A: Scope of Services
Sect
ion 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by regi stered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

ITEM 8

PROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND

BLACKWATER CONSLUTING

ENGINEERS

Page 4 ends

If
to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
[email protected]
Wi
th courtesy copies to: City of Ceres
2220 Hackett Road
Ceres, California, 95307
Attention: Director of Public Works
Tel: (209) 538-5717
Samir.Royal@ci .ceres.ca.us
and Wh
ite Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.

Tel: (916) 468-0950
[email protected]
If to
Consultant: Black Water Consulting Engineers
602 Lyell Drive
Modesto, California, 95356
Attention: Aja Verburg
Tel: (209) 322-1820
Aj
[email protected]
Sect
ion 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.

Sect
ion 14. General Provisions

14.1. Wai
ver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

ITEM 8

PROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND

BLACKWATER CONSLUTING

ENGINEERS

Page 5 ends

14.2. A
ssignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

14.3. A
uthority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

14.4 D
rafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement.

Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

14.5. S
everability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

14.5. C
ounterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

13.6. E
ntire Agreement . This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.

14.7. S
upersedes Prior Agreement . It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations , whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

ITEM 8

PROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND

BLACKWATER CONSLUTING

ENGINEERS

Page 6 ends

14.8. M
andatory and Permissive . “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

14.9. S
uccessors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

14.10. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

14.11. A
ttorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 24 of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

14.12. N
ecessary Acts and Further Assurances . The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

14.13. T
ime is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[S
IGNATURES ON FOLLOWING PAGE.]
ITEM 8
P
ROJECT AGREEMENT NO. 1

BETWEEN CITY OF CERES AND

BLACKWATER CONSLUTING

ENGINEERS

Page 7 ends

IN WI
TNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.

Dated: ______________________, 2023 Dated: ______________________, 2023 CITY OF CERES, a municipal corporation
By_______________________________
Si
gnature
Douglas D. Dunford, Interim City Manager
Name and Title

CONSULTANT
By_______________________________
Si
gnature
Aja Verburg, Vice President
Name and Title

APPROVED AS TO FORM
__________________________________
Nubia
I. Goldstein, City Attorney
October, 11
ITEM 8
ITEM 8
MODESTO | 602 Lyell Drive, Modesto, CA 95356 | 209.322.1820 FRESNO | 155 E. Shaw, Suite 206, Fresno, CA 93710 | 559.375.1522 www.blackwater-eng.com
October 10, 2023
Sam Royal
Interim Public Works Director
City of Ceres
[email protected]
(VIA:EMAIL)
Subject: Storm Drain Master Plan – Programmatic CEQA Initial Study and Mitigated Negative Declaration Proposal for Engineering Services
Dear Mr. Royal,
Black Water Consulting Engineers (Black Water/Consultant) appreciates the opportunity to submit this proposal for the Storm Drain Master Plan Project (Project) for engineering services to complete a Programmatic CEQA Initial Study and Mitigated Negative Declaration (CEQA IS/MND) with our subconsultant Basecamp Environmental.

We look forward to continuing to provide excellent client service to the City on this Project. If you have any questions, please do not hesitate to contact me at 209.753.0078 or [email protected].

Sincerely,
Aja Verburg, P.E.

Vice President
Attachments: Scope of Work, Schedule, Estimated Detailed Fee

EXHIBIT A
ITEM 8
2 PROPOSAL FOR ENGINEERING SERVICES

FOR THE

STORM DRAIN MASTER PLAN

PROGRAMMATIC CEQA INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Scope of Work
• Subconsultant services: R efer to Exhibit A, Proposal from Basecamp Environmental for detailed sscope of work and deliverables.
• Review of Administrative Draft and Final IS/MND
• Coordination with City/Subconsulant for review of Administrative Draft IS/MND, public review and circulation of Draft IS/MND, and filing of document. • Project Management and Administration
Estimated Fee (Time and Materials Not to Exceed): $59,884 ITEM 8
3 Estimated Detailed Fee
Task Activity
Principal/
QA/QC
Project
Manager/
Project
Engineer
Assistant
Engineer
CAD/
GIS Admin.

Black Water
Total Hours
Black Water
Fee
Subconsultant
(Basecamp
Enironmental) Total Fee
Hourly Rate 250 228 160 155 98
Programmatic CEQA IS/MND 2 8 16 2 2 30 $5,390 $49,540 $59,884 Total Task CO6 2 8 16 2 2 30 $5,390 $49,540 $59,884
Est. Fee: 59,884$

1. Additional task items and hours will be charged at Consultants standard rate schedule.

2. Black Water Consulting Engineers will gladly discuss the assumptions, timing, and fees shown herein to negotiate an equitable fee with the City .

3. Subconsultant fee includes 10% markup.

ENGINEERING SERVICES

PROGRAMMATIC CEQA IS/MND
10-Oct-23

ESTIMATED FEE SCHEDULE

CITY OF CERES SDMP
ITEM 8
3132 Ceres Storm Drainage Master Plan Proposal Page 1
BASECAMP ENVIRONMENTAL, INC.

SCOPE OF SERVICES, SCHEDULE AND COST

PREPARATION OF PROGRAMMATIC CEQA INITIAL STUDY

AND MITIGATED NEGATIVE DECLARATION

CITY OF CERES

UPDATED STORM DRAINAGE MASTER PLAN
SEPTEMBER 11, 2023

1.0 PROJECT BACKGROUND
The City of Ceres, incorporated in 1918, has a council-manager form of government and provides a full range of services including police and fire protection; water, wastewater and drainage utilities; streets, roads and other infrastructure; planning and zoning; parks and recreation; and general administrative and support services. The Streets Division, within the Public Works Department, is the stormwater drainage services provider for the City.

The existing Ceres stormwater drainage system is able to serve the City’s existing population but cannot accommodate additional flows from new development; therefore, no new development can connect to the existing system. In addition, certain improvements are needed to adequately serve existing users in portions of the service area. The existing drainage system consists of pipelines and local and regional detention and retention basins. Water not retained in ponds is discharged to Turlock Irrigation District (TID) canals, the Tuolumne River, rock wells and French drains.

Planned urban development in the City will result in increased runoff and require new or expanded storm drainage facilities. In Ceres, all future development is required to fund and/or install the necessary drainage infrastructure (as well as other infrastructure needs) in accordance with City design standards, and then be dedicated to the City for operation and maintenance. All new industrial and commercial development is required to retain stormwater runoff on-site (low- impact development) as described in Section 3.3 of the Storm Drainage Master Plan. New storm drainage needs overall are described in detail in Chapter 7.0 and Figure 7-5 of the Master Plan.

The City’s existing Storm Drain Study and Master Plan was adopted in 1995 and is in the process of being updated. The updated master plan will specifically define the infrastructure and facilities upgrades required to meet the needs of anticipated urban development and to conform to existing and future stormwater quality requirements.

Black Water Engineering has prepared a draft Storm Drain Master Plan (Master Plan) for the City that identifies improvements to the City’s storm drainage collection, treatment and disposal systems needed to serve infill and allowable new development within the City’s existing service area and Sphere of Influence. The Master Plan would also provide for capture and percolation of storm runoff via proposed drainage ponds, rock wells and French drains to the underlying groundwater basin.

EXHIBIT A
ITEM 8
3132 Ceres Storm Drainage Master Plan Proposal Page 2
Planned storm drainage improvements are defined in a Draft Storm Drain Master Plan, the latest version of which is dated March 2023. The Master Plan defines the study area and its soils; describes the existing storm drain system and its deficiencies; characterizes existing and planned future land uses and their storm drainage needs; and establishes design criteria for the City’s storm drainage facilities.

Future storm drainage improvements include a range of improvements needed to correct existing deficiencies defined in the Master Plan as well as a strategy for meeting storm drainage needs associated with future urban development.

Nineteen (19) recommended improvements needed to correct storm drainage deficiencies are listed in Table 6-2 of the Master Plan. These include a range of improvements, including grading and installation of new drain inlets, curb gutter and sidewalks; replacement of existing and installation of new storm drains in certain problem areas; and installation of new French drains and rock wells.

Future storm drain improvements are described for the Ceres Main Canal, Faith Home, Lateral (2) Canal, and Percolation (West Landing) Watersheds within the Study Area. Major storm drain improvements are required to provide adequate drainage for these areas. Improvements include new collection lines, detention basins, percolation basins and rock wells as shown on Figures 7- 2, 7-3, 7-5, 7-6 and 7-8. The proposed corrections of existing deficiencies are shown on Figure 8- 1 and listed as proposed capital improvements in Tables 8-1 and 8-2.

From an environmental standpoint, it appears that most of the existing deficiencies require relatively minor improvements in existing developed areas that might qualify individually for Categorical and/or in some cases Statutory Exemptions. No new right-of-way acquisition would be needed for these improvements. Since City adoption of the Master Plan would address all of these improvements, it would be beneficial for the City to consider them together in a CEQA document for the Master Plan as a whole. This would avoid any future concerns related to cumulative environmental impacts.

From the Draft Master Plan, it appears that all of the new storm drains would be located along existing public roads, except for F-SDMP-9 and 10, but we understand that these improvements will likely be constructed in streets to be constructed as a part of the West Landing project.

Planned detention and retention basins would be on lands to be acquired by developers.

City adoption of the Master Plan itself is not necessarily subject to CEQA, but the City is interested in completing a comprehensive environmental review of the Master Plan that could streamline review of future capital projects. Our recommendation would be to define future improvements in a programmatic CEQA document that describes the anticipated projects, describes their potential impacts and defines uniform mitigation measures that could be used to provide simplified and accelerated CEQA review for the improvements projects as they are brought forward for implementation. In the ideal, the programmatic Negative Declaration, or EIR if required, could be structured to provide complete CEQA review, or at the very least simplify CEQA review, for individual Master Plan projects that would follow Master Plan adoption.

This proposal assumes that adoption of the Master Plan will be subject to CEQA, that it requires environmental review and that Ceres is the project proponent and the CEQA Lead Agency. With our current understanding, it appears that future implementation of the Master Plan could involve ITEM 8
3132 Ceres Storm Drainage Master Plan Proposal Page 3
at least some potentially significant environmental effects but that these can likely be reduced to a less than significant level with mitigation measures. BaseCamp therefore proposes that the potential environmental effects of the Master Plan projects, individually and as a whole, and the effectiveness of available, feasible mitigation measures be evaluated in a Programmatic CEQA Initial Study. If it appears that all of the project’s significant environmental effects can be reduced to a less than significant level, as it does appear now, a Mitigated Negative Declaration would be prepared.

BaseCamp Environmental (BaseCamp) proposes to prepare the Programmatic Initial Study for review and consideration by the City. Assuming that the Initial Study concludes, and the City agrees, that a Negative Declaration is warranted, BaseCamp will prepare and process an Initial Study/Mitigated Negative Declaration in accordance with CEQA and in coordination with the City staff and consultants. The proposed scope of work, schedule and cost for CEQA document preparation is discussed below. In the event that an EIR must be prepared, if the project is subject to substantial modification, or if additional studies are required, then the proposed scope of services, schedule and costs will need to be modified.

2.0 PROPOSED SCOPE OF SERVICES

2.1 General Technical Approach
Initiation: BaseCamp’s involvement in the project will be initiated on receipt of Purchase Order or other Authorization to Proceed. BaseCamp will immediately initiate discussion with City representatives and engineers, including one or more site visits, to discuss the Master Plan and the improvement projects encompassed by the Master Plan, and to verify the scope and schedule for preparation of the environmental document.

Project Description: BaseCamp will prepare a written description of the project using the information provided by the City’s engineers. The project objectives, major elements, project objectives and timing will be described using text and graphics. The Project Description will include the project location, a detailed descriptions of the physical elements of the project, including individual improvements anticipated by the Master Plan, the area and volume of potential land disturbance, and any proposed encroachment on or use of natural resources or public improvement requirements associated with Master Plan implementation. The Project Description will distinguish between improvements related to existing deficiencies and actions that may need to be coordinated with or dependent on future private land development activity.

The Project Description will reflect the understanding that improvements associated with the anticipated private development projects would be subject to change as planning and design proceeds.

Subcontractors: The CEQA document will require minor technical studies by biological resource subcontractors Moore Biological Consultants for technical contributions to the Initial Study.

Moore is highly qualified and has worked with BaseCamp on numerous past projects including water, wastewater and drainage recharge projects. Moore would be retained to participate in a preliminary field review of Master Plan projects in order to define potential biological issues and concerns.

ITEM 8
3132 Ceres Storm Drainage Master Plan Proposal Page 4
It is assumed that potential cultural resource sensitivity of proposed project locations would be identified through existing City documents, including the General Plan EIR. Depending on the cultural resource sensitivity of any areas planned for drainage improvements, the IS/MND may specify any necessary cultural resource work as proposed mitigation.

It is assumed that any engineering and hydraulic information required for the CEQA document will be provided by the City’s engineers. Remaining technical work will be completed by BaseCamp staff; no other technical studies or subcontractors are expected to be required. Should it later be determined that additional subcontractors are needed, this scope of work will need to be amended.

Environmental Impact Analysis: BaseCamp will collect and describe environmental setting data relevant to the proposed project and its potential environmental effects for inclusion in the Initial Study. This process will include detailed review of information available from the City’s engineers; biological and cultural resource subcontractors; CEQA documents for other related projects in the City; the Stanislaus County General Plan and background reports; the General Plan EIR, zoning, and other file data; site visits; contacts with agencies with applicable environmental data or with service responsibility to the project; and data acquisition from other sources. Environmental data will be compiled in Environmental Setting sections for each environmental discipline addressed in the following Proposed Outline. The amount and depth of environmental background information will be scaled to the anticipated scope and complexity of environmental impacts associated with the project.

BaseCamp will assess potential for the project, its viable options and phases to result in significant environmental impacts in each of the environmental discipline areas listed below, addressing all of the potential significance questions posed by the most-recent CEQA Appendix G checklist. The scope of study in each discipline will vary with the importance and complexity of anticipated issues. Potentially significant effects will be identified on the basis of the “significance thresholds” inherent in the Initial Study checklist questions. Potential environmental effects found to be less than significant or of no effect whatsoever will be identified, noting the reasons for the finding. All significance determinations will be based on substantial evidence documented in the Initial Study. The analysis will include analysis of the potential for cumulative and growth-inducing impacts as well as any other subjects required by CEQA.

Several of the areas of potential environmental effect will be addressed from a whole-project perspective, as these effects – Aesthetics, Agriculture, Land Use, Public Services and others - will addressed to the project as a whole, to groups or types of projects where applicable. For example, most potential construction effects will be common in nature with no long-term effect.

Other areas of potential effect will require specific consideration of each element of the project, for example construction in the vicinity of any sensitive environmental resources. Where applicable, the Initial Study will involve a blended approach, considering the overall potential effects of the project as well as any potential site-specific concerns.

Mitigation Measures: For potentially significant environmental effects identified, BaseCamp will identify and describe feasible mitigation measures that could avoid, substantially reduce, or minimize those effects. Given the programmatic nature of the Initial Study, mitigation measures will be described as to their applicability to the location and nature of the elements of the project.

The document will specify the potential effect to be mitigated, the proposed mitigation, how, by ITEM 8
3132 Ceres Storm Drainage Master Plan Proposal Page 5
whom and when the effect will be reduced, and the level to which potential environmental effects would be reduced.

Initial Study: The analysis will be compiled in an Initial Study document incorporating the most recent CEQA Environmental Checklist Form, supplemented with narrative text describing the project, the environmental setting, the impact analysis and results, and proposed mitigation measures. A Summary will briefly list potentially significant impacts, mitigation measures, the significance of impacts before and after mitigation and the elements of Master Plan implementation to which they would apply.

PROPOSED OUTLINE

PROGRAMMATIC

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

CITY OF CERES

STORM DRAIN MASTER PLAN
CHAPTER 1 INTRODUCTION AND SUMMARY
CHAPTER 2 PROJECT DESCRIPTION
CHAPTER 3 ENVIRONMENTAL CHECKLIST FORM

1. Aesthetics

2. Agricultural Resources

3. Air Quality

4. Biological Resources

5. Cultural Resources

6. Energy

7. Geology and Soils

8. Greenhouse Gases

9. Hazards and Hazardous Materials

10. Hydrology and Water Quality

11. Land Use and Planning

12. Mineral Resources

13. Noise

14. Population and Housing

15. Public Services

16. Recreation

17. Transportation/Traffic

18. Tribal Cultural Resources

19. Utilities and Service Systems

20. Other Issues (if any)

21. Wildfire

22. Mandatory Findings of Significance

APPENDICES
ITEM 8
3132 Ceres Storm Drainage Master Plan Proposal Page 6
CEQA Recommendation: Based on the Initial Study, BaseCamp will prepare a CEQA recommendation or set of recommendations for the project. These recommendations will include whether a Mitigated Negative Declaration is an acceptable option for CEQA processing or whether an EIR should be prepared; both of these options will involve risks and opportunities for the City, which will be explained in the recommendation.

Administrative Draft IS/MND: In the event that BaseCamp and the City agree that a Negative Declaration is the best CEQA option, BaseCamp will compile an administrative review draft Initial Study/Mitigated Negative Declaration document and submit it in electronic form to the City and its engineers for administrative review, comment, revision, and when complete, approval for publication.

Public Review Draft IS/MND: BaseCamp will discuss the administrative draft document with the City and its engineers, record comments, and revise the IS/MND in accordance with those comments A screen-check version of the document will be provided to the City so that requested revisions can be verified.

Circulation of Public Review Draft: BaseCamp will conduct the public review process for the IS/MND on behalf of the City as prescribed in the CEQA Guidelines, or provide assistance to City staff, as requested. BaseCamp will prepare a Public Review Plan identifying the distribution list for the Notice of Intent and IS/MND as well as specific reproduction plans that maximize electronic distribution and minimize hard copy reproduction, consistent with applicable CEQA requirements.

BaseCamp will coordinate with the City as to a probable hearing date for Master Plan adoption and establish a corresponding 30-day public review period, leaving time for preparation of the Final IS/MND.

BaseCamp will prepare a Notice of Intent, including notice of a proposed hearing date, for inclusion in the Public Review Draft IS/MND and for publication in a newspaper of general circulation. BaseCamp will provide an electronic (pdf) copy of the IS/MND to the City for posting on the City website. BaseCamp will coordinate with the City to ensure the publication of the Notice of Intent in a newspaper of general circulation. Publication fees will be the responsibility of the City.

BaseCamp will coordinate hard copy and CD reproduction of the IS/MND as defined in the Public Review Plan. It is assumed that BaseCamp will be responsible for obtaining reproduction services, although the City could assume this responsibility. Reproduction services, if significant, will be shopped before purchase and billed to the City at cost.

BaseCamp will prepare the SCH Summary and Notice of Completion to accompany the submittal of the IS/MND to the State Clearinghouse. BaseCamp will upload the IS/MND to the State Clearinghouse CEQAnet web site as required and verify its acceptance by the Clearinghouse.

BaseCamp will file the Notice of Intent with the Stanislaus County Clerk/Recorder. Copies of the IS/MND will be hand-delivered to specified public review locations, such as the City of Ceres offices and nearest public library.

ITEM 8
3132 Ceres Storm Drainage Master Plan Proposal Page 7
BaseCamp will mail or email the Notice of Intent to other recipients as specified in the Public Review Plan. Mailing and other distribution costs will be billed at cost.

Final IS/MND and Response to Comments: BaseCamp will monitor the public and agency comments on the Draft IS/MND as they are received and identify any substantive comments that will need to be considered and addressed before the IS/MND can be presented to the City Council for adoption. BaseCamp will prepare draft responses to any such comments for consideration by the City staff and revise those responses as required based on staff input.

BaseCamp will prepare a Final IS/MND for adoption by the City in conjunction with adoption of the Master Plan. The Final IS/MND will consist of an introduction, the summary of impacts and mitigation measures from the Public Review Draft IS/MND, public and agency comments received, proposed responses to those comments, and any required modifications to the IS/MND generated by those comments. An administrative version of the Final IS/MND will be submitted to the City for review and comment, and the document will be revised as required.

BaseCamp will assist the City in the preparation of IS/MND adoption and related resolutions as requested by City.

Mitigation Monitoring Plan: BaseCamp will prepare a Mitigation Monitoring and Reporting Plan (MMRP) for the project. This document will also be submitted to the City for administrative review and revised as required. The MMRP will be submitted electronically to City staff for distribution to the City Council.

Public Meeting Attendance: The BaseCamp project planner will attend up to two City Council meetings to present, answer questions, and discuss issues related to the IS/MND. BaseCamp will attend additional meetings, as requested, on an extra cost basis.

3.0 COMPLETION SCHEDULE
BaseCamp proposes to complete the required documentation within the following schedule. The schedule assumes efficient turnaround of comments on administrative review documents.

Assumed Start Date October 1, 2023
Submit Administrative Draft IS/MND December 1, 2023
Start Public Review January 2, 2024
End Public Review (30 days) January 31, 2024
Prepare Final IS/MND, Adoption Documents February 15, 2024 City Council Adoption March-April 2024

4.0 PROPOSED COSTS
BaseCamp proposes to complete environmental document for the project on a Time and Materials basis. Costs will not exceed $49,540.00 without the written authorization of the Client.

Labor and expenses will be billed as provided in BaseCamp’s 2023 Rate and Charge Schedule, attached. Costs will be billed monthly on a progress basis.

ITEM 8
3132 Ceres Storm Drainage Master Plan Proposal Page 8

PROPOSED COSTS

CERES STORM DRAINAGE MASTER PLAN

PROGRAMMATIC IS/MND

LABOR

HOURS COST
Initiation and Administration
Initiation, Project Management 12 $2,380.00
Coordination Meetings 6 $1,350.00
Site Reviews 8 $1,620.00

Programmatic Initial Study and Negative Declaration
Project Description 12 $2,340.00
Prepare Administrative Draft Document 120 $20,840.00
Address Administrative Review Comments 22 $3,390.00
Public Review, Plan, Reproduce and Distribute 19 $2,675.00 Final IS/MND, Response to Comments 20 $3,560.00
Mitigation Monitoring/Reporting Plan 14 $2,065.00
Define CEQA Finalization Actions 8 $1,400.00
Public Meeting (1), preparation and attendance 4 $900.00 Notice of Determination 8 $1,320.00
TOTAL LABOR 205 $43,840.00

EXPENSES
Mileage $100.00
In-House Copies $100.00
Environmental Database $500.00
Reproduction, Documents, CDs At cost
Subcontractors
Moore Biological Consultants $4,000.00
CCIC Record Search, non-confidential $1,000.00
TOTAL EXPENSES $5,700.00

TOTAL PROPOSED COST $49,540.00

ITEM 8
3132 Ceres Storm Drainage Master Plan Proposal Page 9

STANDARD SCHEDULE OF RATES AND CHARGES
BASECAMP ENVIRONMENTAL, INC.
2023

HOURLY FEES FOR PERSONNEL
Principal $225
Senior Planner $180
Project Planner $165
Assistant Environmental Planner $145
Graphics Technician $125
Document Processing $125

COPYING CHARGES
Charges for copying by BaseCamp Environmental will be charged as follows:

Copies (b/w) $0.15/page
Copies (color) $0.25/page

EXPENSES
Subcontractor charges and other materials and services purchased by BaseCamp in connection with services provided under this Agreement will be invoiced at actual cost plus 10%. Materials and services include but are not limited to costs for subcontractor services, travel and subsistence, insurance certificates necessitated by the job, document and map reproduction, computer time, telecommunications, out-of-house fax, rented or leased equipment, supplies, and postage and shipping expenses.

NOTE REGARDING PROJECT APPLICATION AND PROCESSING FEES
CLIENT is responsible for payment of all application fees, processing fees or other project- related charges imposed by government agencies, including payment of California Department of Fish and Wildlife CEQA fees at the filing of the Notice of Determination https://wildlife.ca.gov/Conservation/Environmental-Review/CEQA/Fees.

ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023- XXX, Authorizing a Budget Amendment and Authorizing the Interim City Manager to Purchase a Ford F- 150 Electric Vehicle (EV) from Rush Ford for Use by the Public Works Superintendent
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a resolution authorizing a budget amendment and authorizing the Interim City Manager purchase a Ford F150 Electric vehicle (EV) from Rush Ford for use by the Public Works Superintendent at a total price of $71,487.97.

I. BA CKGROUND:

There have been two new recent hires to fill the Public Works Deputy Director and Public Works Superintendent positions. The Superintendent is currently utilizing the 2022 Chevrolet sedan that was previously purchased for the former staff in that position. The addition of the new Deputy Director position will necessitate the purchase of a new City vehicle assigned to that staff person for daily use. Based on the work duties of both positions, it has been determined that the Chevrolet sedan would be better suited for the use of the Deputy Director and the Superintendent would require a truck to perf orm the responsibilities of that position.

The City is also mandated to meet specific emission reduction requirements through fleet turnover to zero emission vehicles by 2035. This means that approximately 3 percent of the City’s fleet of cars, SUVs, and light duty pickups will have to be EV by 2030 in order to meet the State mandate. The California Air Resources Board (CARB) recommends that approximately 50% of all new vehicle purchases be EV in order to ease the financial impact that fleet inventory turn- over assumes. To stay ahead of the looming deadline, Fleet staff estimate that ten to twelve new EV’s will need to be acquired by 2030 to maintain compliance. The EV Ford 150 vehicle is currently available at Rush Ford through State bid, or Sourcewell government discount pricing and its procurement will aid the City’s progress in meeting the deadline for compliance.

ITEM 9
II. REASONS FOR RECOMMENDATION:

The new EV Ford 150 vehicle is available at Rush Ford and is available through the State bid or Sourcewell government discount pricing. This opportunity has the added benefit of assisting the City’s efforts to integrate into the EV market where we are currently lagging on percentage of fleet being EV to meet the State mandated requirement of zero emissions vehicles by 2035.

III. F
ISCAL IMPACTS:

The Ford F150 EV vehicle is a new addition to the City Fleet services and was not included in FY23/24 budget. A budget amendment for a total amount of $71,487.97 is necessary to cover new electric vehicle purchase, and funds are available in account #610.20.051100.

IV. EXI
STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Government Operations: Provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped, and sufficient staff who partners with other public agencies to provide efficient services.

V. PO
LICY ALTERNATIVES:

The City Council can choose to direct staff to reject the purchase of Ford F150 EV vehicle.

This is not recommended as it will hinder the City’s progress in meeting State mandates for fleet turnover deadlines as well as limit staff capabilities to perform assigned job duties and response times.

VI. I
NTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBL IC PARTICIPATION:

N/A
VIII. ENVI RONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Interim City Manager will authorize the purchase order to Rush Ford for the purchase of the new Ford F150 EV vehicle.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

ITEM 9
A
ttachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Ford F150 EV Purchase Proposal
ITEM 9
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2023-XXX

AUTHORIZING A BUDGET AMENDMENT AND AUTHORING THE INTERIM CITY MANAGER TO PURCHASE A FORD F-150 ELECTRIC VEHICLE (EV)

FROM RUSH FORD FOR USE BY THE PUBLIC WORKS SUPERINTENDENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Superintendent is currently utilizing the 2022 Chevrolet sedan that was previously purchased for the former staff; and

WHEREAS, the addition of the new Deputy Director position will necessitate the purchase of a new City vehicle assigned to that staff person for daily use; and

WHEREAS, based on the work duties of both positions, it has been determined that the Chevrolet sedan would be better suited for the use of the Deputy Director and the Superintendent would require a truck to perform the responsibilities of that position; and

WHEREAS, the city is also mandated to meet specific emission reduction requirements through fleet turnover to zero emission vehicles by 2035; and

WHEREAS, the EV Ford 150 vehicle is currently available at Rush Ford through State bid, or Sourcewell government discount pricing and its procurement will aid the City’s progress in meeting the deadline for compliance; and

WHEREAS, t his opportunity has the added benefit of assisting the City’s efforts to integrate into the EV market where we are currently lagging on percentage of fleet being EV to meet the State mandated requirement of zero emissions vehicles by 2035; and

WHEREAS, the Ford F150 EV vehicle is a new addition to the city fleet services and was not included in FY23/24 budget. A budget amendment for a total amount of $71,487.97 is necessary to cover new electric vehicle purchase, and funds are available in account #610.20.051100.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorizes a budget amendment and authorizes the Interim City Manager to p urchase a Ford F-150 Electric Vehicle (EV) from Rush Ford for Use by the Public Works Superintendent.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of November 2023, by the following vote:

AYES: Councilmembers:

NOES Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2023- , dated November 13, 2023 authorizing appropriations for Purchasing a Ford F150 Electric Vehicle (EV) from Rush Ford

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Fleet-Automotive Equip. 610 20 051100 $71,487.97

Requested Appropriation $71,487.97
2023 - 2024 Current Appropriation $0.00
Total Appropriation $71,487.97

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

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

Fiscal Impact:

N/A
ITEM 9
ITEM 9

ATTACHMENT C
ITEM 9
ITEM 9
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023-XXX, Awarding the Construction Contract for Well 38 Discharge and Irrigation Project to Rolfe Construction Inc., Authorizing a 10% Contingency, and Authorizing the Interim City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to award the construction contract for the Well 38 Discharge and Irrigation Project to Rolfe Construction Inc. in the amount of $262,998. 00, plus a 10% contingency of $26,299.80, totaling $289,297.80, and authorize the Interim City Manager to execute the contract.

I. BA CKGROUND:

On October 23, 2023, the city council approved resolution to award the construction contract for Ochoa Park Phase II. The improvement includes site work, utilities, pavement, sidewalks, picnic tables, basketball courts, shade structures and additional landscaping such as trees and shrubs. Irrigation for landscape features is needed to maintain the park adequately.

The Stanislaus Regional Water Authority Project (SRWA) will deliver a long- term, sustainable water source that will allow for the integrated use of groundwater and surface water to diversify the water supply portfolios for City of Ceres. However, the city is required to discharge water into irrigation canals in Spring 2024 as an offset to the surface water usage.

Staff then determined that it will be beneficial to modify Well 38 located on the Northwest Corner of Ochoa Park to discharge untreated water to the Hatch Road Canal (Lateral 1) for the water offset and irrigate the newly constructed park.

ITEM 10
II. REASONS FOR RECOMMENDATION:

The design and construction cost for a new irrigation well would have been too costly for the city to bare at this time. Staff designed the modifications in- house and t he Well 38 Discharge and Irrigation P roject was solicited to the public with bid proposals due on October 18th. The City received proposals from one contractor. After staff reviewed the bid, it was determined that Rolfe Construction Inc. was the lowest responsive and responsible bidder.

III. FISCAL IMPACTS:

The project construction was included in the capital improvement project list and will be funded by existing Water Enterprise Funds in the account number 52795.800500. The current budgeted amount is $350,000.00. No additional funding is required.

IV. EXI STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first goal of the Strategic Plan:
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.

V. PO LICY ALTERNATIVES:

City Council can choose to direct staff to reject the proposal and publicly post the project with a similar or modified scope later or reject the proposal and eliminate the project.

VI. I
NTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBL IC PARTICIPATION:

None Required.

VIII. ENVI RONMENTAL REVIEW:

The project is CEQA Categorically Exempt per Section 15301 Class 1 (b) (c) Existing Facilities and (d) Restoration of Facilities.

IX. STEPS FOLLOWING APPROVAL:

Following approval of this item, the contract will be signed and executed with Rolfe Construction Inc. The contractor will then be issued a notice to proceed, and a pre- construction meeting will be held.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

ITEM 10
Attachments:

1. Attachment A – Resolution

2. Attachment B – Bid Results

3. Attachment C – Rolfe Construction Bid

ITEM 10
ITEM 10

ATTACHMENT A
RESOLUTION NO. 2023-XXX

AWARDING THE CONSTRUCTION CONTRACT FOR WELL 38 DISCHARGE AND IRRIGATION PROJECT TO ROLFE CONSTRUCTION INC.,
AUTHORIZING A 10% CONTINGENCY, AND AUTHORIZING THE INTERIM

CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, proposals for the construction contract for Well 38 Discharge and Irrigation Project were due October 18th, 2023; and

WHEREAS, the lowest responsive and responsible bid was received from Rolfe Construction Inc. in the amount of $262,998.00; and

WHEREAS, a construction contingency in the amount of 10% or $ 26,299.80 is necessary and appropriate to accommodate any unforeseen costs, bringing the total construction authorization to $289,297.80; and

WHEREAS, the Well 38 Discharge and Irrigation Project was included in the capital improvement project list and will be funded by existing Water Enterprise Funds in the account number 52795.800500. The current budgeted amount is $350,000.00; and

WHEREAS, there is sufficient funding to construct said project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award the construction contract for Well 38 Discharge and Irrigation Project to Rolfe Construction Inc., authorizes a 10% contingency, and authorizes the Interim City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of November 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10
1 MOBILZATION LS 1 $5,000.00 $5,000.00 $17,576.00 $17,576.00 2 8” FLOW METER & DOUBLE CHECK ASSEMBLY LS 1 $5,000.00 $5,000.00 $19,380.00 $19,380.00 3 8” MOTOR OPERATED VALVE EA 2 $2,000.00 $4,000.00 $20,727.00 $41,454.00 4 10” MOTOR OPERATED VALV EA 1 $1,000.00 $1,000.00 $23,276.00 $23,276.00 5 8” PVC C900 LF 580 $120.00 $69,600.00 $70.50 $40,890.00 6 8” DUCTILE IRON PIPE AND FITTINGS LS 1 $5,000.00 $5,000.00 $35,477.00 $35,477.00 7 RELOCATE AND EXTEND 6’ CHAIN LINK FENCE LS 1 $9,000.00 $9,000.00 $32,625.00 $32,625.00 8 3/4” CRUSH ROCK CY 28 $50.00 $1,400.00 $352.00 $9,856.00 9 RESTORATION LS 1 $5,000.00 $5,000.00 $7,202.00 $7,202.00 10 ELECTRICAL LS 1 $30,000.00 $30,000.00 $35,262.00 $35,262.00 $135,000.00 $262,998.00
TOTAL
(IN FIGURES)
P23-006

BASE BID TABULATION SHEET
BID DUE: OCTOBER 18, 2023 at 3:00 PM
STOCKTON FENCE & MATERIAL CO.

AMERICAN ELITE ELECTRICAL
SUB-CONTRACTORS:

BASE BID:

NO. ITEM UNIT OF

MEASURE
WELL 38 DISCHARGE AND IRRIGATION PROJECT

ATWATER, CA
Engineer's Estimate ROLFE CONSTRUCTION

ESTIMATED

QUANTITY

UNIT PRICE
(IN FIGURES)
TOTAL
(IN FIGURES)

UNIT PRICE
(IN FIGURES)
1 of 1
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ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: November 13, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Jon Frederick, Information Technology Manager
[email protected], (209) 538-5742
SUBJECT: Resolution No. 2023-XXX, Approving Spectrum Enterprise Internet for a Three-Year Term and Authorizing the Interim City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the three-year agreement with Spectrum Enterprise to deliver higher speed Internet to the City.

I. BACKGROUND:

Currently, the City has 100mbit fiber optic Internet from Spectrum Enterprise, alongside a Spectrum Coaxial Internet connection for backup and guest Wi-Fi traffic. As the City’s technology usage has expanded, our Internet connection has become overloaded.

Modern technologies, such as the HD cameras, are placing strain on our current infrastructure.

II. REASONS FOR RECOMMENDATION:

Spectrum Enterprise has offered the City an upgrade to 1000mbit fiber optic Internet, an increase of 10x, for nearly the same costs as we currently pay, if we sign a three year agreement. The increased bandwidth will allow the City to function more effectively, especially with more modern systems.

III. FISCAL IMPACTS:

Currently, our 100mbit connection costs $1249 a month, and the coaxial second connection costs $199 a month for a total of $1449 a month. The 1000mbit connection would be $1379 a month, and the coaxial connection would be cancelled, giving a reduction in cost of $70 a month. This pricing agreement is not promotional, and there is no increase in cost at the end of the thre-year term.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council could not approve the new agreement with Spectrum Enterprise, leaving the City on the current Internet access plan.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Manager will sign the agreement with Spectrum Enterprise, at which point, the Internet connection speed will be increased.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Spectrum Enterprise Revised Proposal for Upgrade

ATTACHMENT A
RESOLUTION NO. 2023-XXX

APPROVING SPECTRUM ENTERPRISE INTERNET FOR A THREE-

YEAR TERM AND AUTHORIZING THE INTERIM CITY MANAGER TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City’s technology needs have increased, requiring more access to Internet resources; and

WHEREAS, Spectrum Enterprise, being the City’s current Internet provider, is offering a new pricing schedule; and

WHEREAS, by signing a three-year pricing agreement the City will get many times greater Internet service without an increase in cost.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve Spectrum Enterprise Internet for a three- year term and authorizes the Interim City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of November 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

SERVICE ORDER
THIS SERVICE ORDER (“Service Order”), is executed and effective upon the date of the signature set forth in the signature block below (“Effective Date”) and is by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) hereunder (“Spectrum”) and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise website, https://enterprise.spectrum.com/ (or successor url) or, if applicable, an existing services agreement mutually executed by the parties (each, as appropriate, a “Service Agreement”). Except as specifically modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect.

Spectrum Enterprise Contact Information
Contact: Tom Phillips
Telephone: 4088463775
Email: [email protected]
Customer Information
Customer Name

CITY OF CERES
Order #
14008961
Address
2720 2ND ST CERES CA 95307
Telephone
(209) 538-5742
Email:
[email protected]
Contact Name
Jon Frederick
Telephone
(209) 538-5742
Email:
[email protected]
Billing Address
2720 2ND ST CERES CA 95307
Billing Contact Name Telephone Email:

ATTACHMENT B
ITEM 11

NEW AND REVISED SERVICES AT 2727 3rd St Unit FIBER, Ceres CA 95307 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
Fiber Internet 1Gbps 36 Months 1 $1,299.00 $1,299.00
29 Static IP Addresses 36 Months 1 $80.00 $80.00
TOTAL* $1,379.00

ITEM 11

1. TOTAL CHARGE(S). Total Monthly Recurring Charges and To tal One -Time Charges are due in accordance with the monthly invoice.

2. TAXES. Plus applicable taxes, fees, and surcharges as presented on the respective invoice(s).

3. SPECIAL TERMS.

By signing below, the signatory represents they are duly authorized to execute this Service Order.

CUSTOMER SIGNATURE
\s1\
Signature: /spectrumsigner1/
\n1\
Printed Name: /spectrumsignername1/

Title: /spectrumsignertitle1/
\d1\
Date: /spectrumsigneddate1/

Jon Frederick
ITEM 11

"This page intentionally left blank."

ITEM 11
Client project milestones
Spectrum Enterprise
pre-service installation guide
Welcome, and thank you for choosing Spectrum Enterprise. After you sign your service order, our teams will keep you updated on the status of your order. In the meantime, this document will help you understand what happens as you progress toward the service installation process.

Feel free to reach out to your sales contact if you have questions or need additional information. When installation begins, however, you’ll have a dedicated project manager who’ll partner with you as your main point of contact for a successful installation.

Sign service order.

If necessary, work with our internal teams to provide
any additional information or forms required to finalize your order.

Your Spectrum Enterprise project manager will contact
you to introduce themselves and discuss next steps.

Sales team submits signed service order to Order Management team.

Internal teams gather any additional information that’s required to finalize your order.

Dedicated project manager contacts you to discuss next steps. enterprise.spectrum.com
Spectrum Enterprise project milestones
Milestones

Sign service order
First, we’ll finalize and sign your service order together. We are unable to proceed until the service order is signed, so if you have any concerns or questions about your order, please reach out to your sales contact right away.

Finalize order
Our internal teams will make sure we have all of the information we need to begin the installation process. This stage can take one to two weeks to complete. During this time, we may be in touch to get additional information and required forms.

If your order includes voice services, this would be a good time to engage your vendor. If you’re transferring phone numbers from your current vendor to your Spectrum Enterprise account, we’ll need a complete list of the numbers you’re transferring. Your vendor can help you pull these from your phone server. We also request your vendor be available to participate in cutover activities on the day of activation. Your project manager will work closely with you and your vendor throughout the implementation process, and schedule the cutover once the service is ready.

Connect with project manager
As we’re finalizing your order, your dedicated project manager will be in touch about next steps. Your project manager will be your primary point of contact during service installation, however, you may hear from additional team members throughout the process.

You will be invited to an introduction call where your project manager will review your order and the installation process in more detail. During this meeting, we will agree to a call and reporting schedule to ensure a smooth and efficient installation.

Spectrum Enterprise pre-service installation details
Let’s look at more details about the milestones we’ll reach before your service installation process begins.

ITEM 11

FIASLA.v.171015 Page 1 of 4
©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice.

Spectrum Enterprise
Fiber Internet Access Service Level Agreement

This document outlines the Service Level Agreement (“SLA”) for Fiber Internet Access (“FIA”) fiber-based service (the “Service”).

This SLA is a part of, and hereby incorporated by reference into the Spectrum Enterprise Service Agreement (including the terms and conditions, attachments, and Service Orders described therein, the “Agreement”). To the extent any provision of this SLA conflicts with the Agreement, this SLA shall control. All SLA Targets in the table below are measured from Customer’s Service Location to the location where Spectrum Enterprise has local access to the Internet (the Spectrum Enterprise “Point of Presence” or “POP”) at the individual circuit or service level, and any applicable credits are issued only for the affected FIA circ uit or service (the “Affected Service”). Capitalized words used, but not defined herein, shall have the meanings given to them in the Agreement.

I. SLA Targets for FIA Services:

Service
Availability
Mean Time To Restore
(“MTTR”)
Latency / Frame Delay
(Roundtrip)
Jitter / Frame
Delay Variation
Packet Loss
Frame Loss
/
End to End: 99.99% Priority 1 Outages
within 4 hours 45ms <2ms <0.1%

II. Priority Classification:

A “Service Disruption” is defined as an outage, disruption, or severe degradation, other than an Excluded Disruption, that interferes with the ability of a Spectrum Enterprise network hub to: (i) transmit and receive network traffic on Customer’s dedicated access port at the Spectrum Enterprise network hub; or (ii) exchange network traffic with another Spectrum Enterprise network hub. The Service Disruption period begins when Customer reports a Service Disruption using Spectrum Enterprise’s trouble ticketing system by contacting Customer Care, Spectrum Enterprise acknowledges receipt of such trouble ticket, Spectrum Enterprise validates that the Service is affected, and Customer releases the Service for testing. The Service Disruption ends when the affected Service has been restored.

“Service Degradation” means a degradation of the Service that is not a Service Disruption or a result of an Excluded Disruption, such as failure of the Service to achieve the SLA Targets for Latency / Frame Delay, Jitter / Frame Delay Variation, or Packet / Frame Loss.

“Excluded Disruptions” means (i) planned outages, (ii) routine or urgent maintenance, (iii) time when Spectrum Enterprise is unable to gain access to Customer’s Service Location, if necessary, (iv) service issues arising from acts of omissions of Customer or Customer’s representatives or agents, (v) Customer equipment failures, (vi) Customer is not prepared to release the Service for testing, and (vii) Force Majeure Events.

ITEM 11

FIASLA.v.171015 Page 2 of 4
©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice.

Spectrum Enterprise will classify Service problems as follows:

III. Service Availability

“Service Availability” is calculated as the total number of minutes in a calendar month less the number of minutes that the FIA Service is unavailable du e to a Priority 1 Outage (“Downtime”), divided by the total number of minutes in a calendar month.

The following table contains examples of the percentage of Service Availability translated into minutes of Downtime for the 99.99% Service Availability Target:

Percentage by Days Per Month Total Minutes / Month Downtime Minutes

99.99% for 31 Days 44,640 4.5

99.99% for 30 Days 43,200 4.3

99.99% for 29 Days 41,760 4.2

99.99% for 28 Days 40,320 4

IV. Mean Time to Restore (“MTTR”)

The MTTR measurement for Priority 1 Outages is the average time to restore Priority 1 Outages during a calendar month calculated as the cumulative length of time it takes Spectrum Enterprise to restore an FIA Service following a Priority 1 Outage in a calendar month divided by the corresponding number of trouble tickets for Priority 1 Outages opened during the calendar month for the FIA Service.

MTTR per calendar month is calculated as follows:

Cumulative length of time to restore Priority 1 Outage(s) per FIA Service

Total number of Priority 1 Outage trouble tickets per FIA Service

V. Latency / Frame Delay

Latency or Frame Delay is the average roundtrip network delay, measured every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption, to adequately determine a consistent average monthly performance level for frame delay for each FIA Service. The roundtrip delay is expressed in milliseconds (ms).

Priority

Criteria

Priority 1
Each a “Priority 1 Outage”:
 Service Disruption resulting in a total loss of Service; or  Service Degradation to the point where Customer is unable to use the Service and is prepared to release it for immediate testing

Priority 2  Service Degradation where Customer is able to use the Service and is not prepared to release it for immediate testing.

Priority
3  A service problem that does not impact the Service; or  A single non-circuit specific quality of Service inquiry.

ITEM 11

FIASLA.v.171015 Page 3 of 4
©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice.

Latency is calculated as follows:

Latency/Frame Delay = Sum of the roundtrip delay measurements for an FIA Service Total # of measurements for an FIA Service

VI. Packet Loss / Frame Loss Ratio

Packet Loss or Frame Loss Ratio is defined as the percentage of frames that are not successfully received compared to the total frames that are sent in a calendar month, except where any packet or frame loss is the result of an Excluded Disruption. The percentage calculation is based on frames that are transmitted from a network origination point and received at a network destination point.

Packet Loss / Frame Loss Ratio is calculated as follows:

Packet Loss / Frame Loss (%) = 100 (%) –
Frames
Received (%)

VII. Jitter / Frame Delay Variation

Jitter or Frame Delay Variation is defined as the variation in delay for two consecutive frames that are transmitted (one- way) from a network origination point and received at a network destination point. Spectrum Enterprise measures a sample set of frames every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption, and determines the average delay between consecutive frames within each sample set. The monthly Jitter / Frame Delay Variation is calculated as the average of all of the frame delay variation measurements during such calendar month and is expressed in milliseconds (ms).

Jitter / Frame Delay Variation is calculated as follows:

Jitter / Frame Delay Variation =

Sum of the Frame Delay Variation measurements for an FIA Service

Total # of measurements for an FIA Service

VIII. Network Maintenance

Maintenance Notice:

Customer understands that from time to time, Spectrum Enterprise will perform network maintenance for network improvements and preventive maintenance. In some cases, Spectrum Enterprise will need to perform urgent network maintenance, which will usually be conducted within the routine maintenance windows. Spectrum Enterprise will use reasonable efforts to provide advance notice of the approximate time, duration, and reason for any urgent maintenance outside of the routine maintenance windows.

Maintenance Windows:

Routine maintenance may be performed Monday – Friday 12 a.m. – 6 a.m. Local Time.

ITEM 11

FIASLA.v.171015 Page 4 of 4
©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice.

IX. Remedies

Service Credits:

If the actual performance of an FIA Service during any calendar month is less than the SLA Targets and Customer is in compliance with the terms of the Agreement and this SLA, then Customer may request credit equal to the corresponding percentage of monthly recurring charges for the Affected Service as set forth in the table below. Any credit to be applied will be off-set against amounts due from Customer to Spectrum Enterprise in the billing cycle following the date Spectrum Enterprise makes its credit determination. Credit requests must be submitted to Spectrum Enterprise within thirty (30) days of the calendar month in which the SLA Target was missed. Spectrum Enterprise will exercise commercially reasonable efforts to respond to such credit requests within thirty (30) days of receipt thereof.

Service Availability Mean Time To Restore (“MTTR”) Latency / Frame Delay (Roundtrip)
Jitter / Frame Delay
Variation

Packet Loss / Frame Loss
30% > 4 hours ≤ 7:59:59 hours 4% 5% 5% 5%
> 8 hours 10%

All SLA Targets are monthly measurements, and Customer may request only one credit per SLA Target per month for the Affected Service. Should one event impact more than one SLA hereunder, Customer shall receive the single highest of the qualifying credits only. Except as set forth below, the credits described in this SLA shall constitute Customer’s sole and exclusive remedy, and Spectrum Enterprise’s sole and exclusive liability, with respect to any missed SLA Targets. Service Credits hereunder shall not be cumulative per Service.

Chronic Priority 1 Outages:

If Customer experiences and reports three (3) separate Priority 1 Outages where the Downtime exceeds four (4) hours during each Priority 1 Outage within three (3) consecutive calendar months, then Customer may terminate the Affected Service without charge or liability by providing at least thirty (30) days written notice to Spectrum Enterprise; provided, however, that (i) Customer may only terminate the Affected Service; (ii) Customer must exercise its right to terminate the Affected Service by providing written notice to Spectrum Enterprise within thirty (30) days after the event giving rise to Customer’s termination right; (iii) Customer shall have paid Spectrum Enterprise all amounts due at the time of such termination for all Services provided by Spectrum Enterprise pursuant to the Agreement, and (iv) the foregoing termination right provides the sole and exclusive remedy of Customer and the sole and exclusive liability of Spectrum Enterprise for chronic Priority 1 Outages and Customer shall not be eligible for any additional credits. Termination will be effective forty-five (45) days after Spectrum Enterprise’s receipt of such written notice of termination.

ITEM 11
Certificate Of Completion
Envelope Id: C026697549D44DC88DA7A73CB1EF2A37 Status: Delivered Subject: Spectrum Enterprise Revised Proposal for upgrade to 1 GIG Fiber Internet Service for City of Ceres Source Envelope:

Document Pages: 10 Signatures: 0 Envelope Originator:

Certificate Pages: 4 Initials: 0 Tom Phillips
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 209.112.106.2
Record Tracking
Status: Original
10/9/2023 2:41:27 PM
Holder: Tom Phillips
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Jon Frederick
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/9/2023 2:44:48 PM
Viewed: 10/9/2023 5:50:55 PM
Electronic Record and Signature Disclosure:

Accepted: 10/9/2023 5:50:55 PM
ID: 07b39bdc-ca52-4965-a681-32b204aeeae0
Company Name: Spectrum Enterprise
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/9/2023 2:44:48 PM
Certified Delivered Security Checked 10/9/2023 5:50:55 PM Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ITEM 11

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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Requesting paper copies, withdrawing consent, and updating contact information Electronic Record and Signature Disclosure created on: 5/18/2021 3:12:54 PM Parties agreed to: Jon Frederick
ITEM 11
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ITEM 11
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ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023- XXX, Approving a Budget Amendment to Correct the 23475.029900 Budget Account to Reflect the Balance of the Awarded SB 2 Grant

RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve a budget amendment to correct the 23475.029900 budget account to reflect the balance of the awarded SB 2 grant.

I. BACKGROUND:

The City received grant funds through Senate Bill 2 (SB 2) and the Council approved these funds via Resolution 2020-97 to be used for building permit streamlining efforts to improve the housing approval process and accelerate housing production.

The budget for these funds was erroneously reduced in fiscal year 2021-2022 by $45,000 and again in fiscal year 2022-2023 by an additional $10,000.

Through fiscal year 2022-2023 the City has spent $20,213.40 in expenditures relating to the SB 2 grant. At the commencement of fiscal year 2023- 2024, the SB 2 grant had an available balance of $139,786.60. However, account 23475.029900 was budgeted at only $105,000.

II. REASONS FOR RECOMMENDATION:

Staff recommends Council approve the attached resolution and budget amendment to correct account 23475.029900 to accurately reflect the available grant funds remaining.

III. FISCAL IMPACTS:

There is no impact to the general fund, only a correction to accurately fund 23475.029900.

ITEM 12
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

Staff will complete a budget amendment to correct account 23475.029900.

Approved by: _____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Resolution 2020-97
ITEM 12

ATTACHMENT A
RESOLUTION NO. 2023-XXX

APPROVING A BUDGET AMENDMENT TO CORRECT THE 23475.029900 BUDGET ACCOUNT TO REFLECT THE BALANCE OF THE AWARDED SB 2 GRANT

THE CITY COUNCIL
City of Ceres, California

WHEREAS, California Senate Bill 2 (2017) included funding to support a grant program for cities to improve permit streamlining for housing development; and

WHEREAS, the City was awarded a grant of $ 160,000 that would increase the City’s housing production through various organizational and process improvements; and

WHEREAS, through Fiscal Year 2022- 2023, the City has spent $20,213.40 relating to the SB 2 grant; and

WHEREAS, at the commencement of Fiscal Year 2023-2024, the SB 2 grant had an available balance of $139,786.60, however, account 23475.029900 was budgeted at only $105,000; and

WHEREAS, to correct the difference between $105,000 and $139,786.60, a Fiscal Year 2023-2024 Budget Amendment has been attached hereto as “Attachment B”.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a budget amendment to correct the 23475.029900 budget account to reflect the balance of the awarded SB 2 grant.

BE IT FURTHER RESOLVED the Fiscal Year 2023-24 Budget Amendment, as set forth in “Attachment B,” is attached hereto and incorporated herein by reference, and the Director of Finance is hereby authorized and directed to record the appropriate account entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of November 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk

ITEM 12
ITEM 12

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2023- , dated November 13, 2023 authorizing appropriations to correct the budgeted amount to reflect the balance of the awarded SB 2 Grant

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
SB 2 PLANNING GRANT FUND 234 75 029900 $34,786.60

Requested Appropriation $34,786.60
2023 - 2024 Current Appropriation $105,000.00
Total Appropriation $139,786.60

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

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

Fiscal Impact:

ITEM 12
ITEM 12
RESOLUTION NO. 2020-97
AUTHORIZING THE ACCEPTANCE OF THE SB2 PLANNING GRANTS

PROGRAM FUNDS THROUGH THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; AND AUTHORIZE THE FINANCE DIRECTOR TO

EXECUTE A BUDGET AMENDMENT

THE CITY COUNCIL
City of Ceres, California
WHEREAS, the SB2 Planning Grants Program Funds through the State Department of Housing and Community Development (HCD) is designed to provide technical planning assistance monies related to the preparation, adoption, and implementation of plans that streamline housing approvals and lead to the acceleration of housing production; and
WHEREAS, the City of Ceres was granted $160,000 under the SB2 Planning Grants Program Funds through HCD; and
WHEREAS, the SB2 Planning Grants Program Funds will be utilized to provide reimbursement to the City based on the HCD-approved Scope of Work outlined in grant application.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize acceptance of the SB2 Planning Grant Program Funds through HCD, in the amount of $160,000 and approves the amendment to the Fiscal Year 2020-2021 Budget as set forth in "Exhibit A", which is attached hereto and incorporated herein by reference, and the Director of Finance is hereby authorized and directed to record the appropriate accounting entries.

BE IT FURTHER RESOLVED that the City Manager of the City of Ceres, or his designee, is hereby authorized and empowered to execute in the name of the City of Ceres all necessary grant-related documents, including but not limited to, agreements, amendments and payment requests necessary for the purpose of implementing the grant and carrying out the program specified in the grant application.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14th day of September by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Condit, Durossette, Kline, Ryno, Mayor Vierra
None
None

ATTACHMENT C
ITEM 12
Attachment:

Exhibit A - Budget Amendment

ATTACHMENT C
ITEM 12

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: November 13, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778
SUBJECT: R esolution No. 2023-XXXX, Approving an Expenditure to Remodel the Building Division Office Area and Authorizing the Interim City Manager to Execute the Contract with Integrated Systems RECOMMENDED COUNCIL ACTION:

S
taff recommends Council approve an expenditure to remodel the Building Division office area.

The lowest bid for the project came from Integrated Systems.

I. BACKGROUND:

The budget for these funds was erroneously reduced in 2021 and again in 2022. A budget amendment is included in a separate staff report.

According to Ceres Municipal Code, Title 4 Contracting, Chapter 2 Informal Purchasing Procedures, the Purchasing Office or department head may make purchases of supplies, equipment, or services with a value of less than $25,000 by following the informal bi d procedures. These procedures state that, except in an unusual circumstances when three bids cannot be obtained, all purchases shall be based on at least three bids or price quotes, and shall be awarded to the lowest responsible bidder.

Since one of the bids was greater than $25,000, staff is requesting Council to approve the expenditure.

II. REASONS FOR RECOMMENDATION:

The new front counter will include an ADA accessible desk that allows individuals using a wheelchair or other accessibility device to easily interact with staff.

ITEM 13
The remodel project will also improve the speed and efficiency of delivering building permit services to the public. A printer and scanner will be installed in the new front desk configuration to allow the Building Permit Technician to process, print, scan, copy, and provide permits over the counter without going back and forth to the break room.

The space reserved for storing plans and permits will be optimized and oriented for efficient storage and retrieval. Instead of piles of permits stacked on a desk, the new storage areas will include drawers, cabinets, and rolled-map storage.

A conceptual diagram is included as an attachment.

Staff solicited quotes for the project from 8 businesses that specialize in cubicle and office counter design and construction. Three quotes were received. The lowest quote came from Integrated Systems in an amount of $19,925.83. An attached bid sheet shows the companies contacted and the bid amounts received.

III. FISCAL IMPACTS:

This project is grant funded and does not affect the City’s general fund.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Thi
s project supports the Strategic Plan policy to review the organization and make changes to increase efficiency and effectiveness.

V. PO LICY ALTERNATIVES:

Council could decide to not proceed with the project and utilize the grant funds.

VI. INTERDEPARTMENTAL COORDINATION:

N/
A
VII. PUBLIC PARTICIPATION:

The publ
ic is encouraged to provide input at the November 13, 2023 City Council meeting.

VIII. ENVIRONMENTAL REVIEW:

N/
A
IX. STEPS FOLLOWING APPROVAL:

The C
ity Manager will execute the contract and staff will cause the work to be completed.

A
pproved by: _____________________
Douglas D. Dunford
Interim City Manager
ITEM 13
A
ttachments:

1. Attachment A – Resolution

2. Attachment B – Resolution 2020-97

3. Attachment C – Quote from Integrated Systems
ITEM 13

ATTACHMENT A
RESOLUTION NO. 2023-XXX

APPROVING AN EXPENDITURE TO REMODEL THE BUILDING DIVISION OFFICE

AREA AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE

CONTRACT WITH INTEGRATED SYSTEMS
T

HE CITY COUNCIL
City of Ceres, California
W
HEREAS, California Senate Bill 2 (2017) included funding to support a grant program for cities to improve permit streamlining for housing development; and W
HEREAS, the City was awarded a grant of $ 160,000 that would increase the City’s housing production through various organizational and process improvements; and W
HEREAS, the City has sufficient grant money remaining to contract with Integrated Systems to remodel the Building Division office and front counter area.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an expenditure to remodel the Building Division office area and authorizes the Interim City Manager to execute the contract with Integrated Systems.

PA
SSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13th day of November 2023, by the following vote:

AYE
S: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
______
_______________________
Javier Lopez, Mayor
ATTEST:
______
_______________________
Fallon Martin, City Clerk
ITEM 13
ITEM 13
RESOLUTION NO. 2020-97
AUTHORIZING THE ACCEPTANCE OF THE SB2 PLANNING GRANTS

PROGRAM FUNDS THROUGH THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; AND AUTHORIZE THE FINANCE DIRECTOR TO

EXECUTE A BUDGET AMENDMENT

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14th day of September by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

Condit, Durossette, Kline, Ryno, Mayor Vierra
None
None

ATTACHMENT B
ITEM 13
Attachment:

Exhibit A - Budget Amendment

ATTACHMENT B
ITEM 13
Exhibit "A"
Budget Amendment No.

Fiscal Year 2020 - 2021
Reference Resolution No. 2020-97, dated 09/14/2020
authorizing appropriations for SB 2 Planning Grant Fund as follows:

Appropriations:

Fund Name Fund Dept. Object Appropriation
No. No. No. Amount
SB 2 Planning Grant 234 75 0299.0 160,000.00
Fund
Requested Appropriation $ 160,000.00
2020 - 2021 Current Appropriation + - --
Total Appropriation $
Estimated Revenues:

Fund Name Fund Type Object Estimated
No. No. No. Revenue Arnt.

SB 2 Planning Grant 234 5 657.75 160,000.00
Fund
Total Estimated Revenue $ 160,000.00
2020 - 2021 Current Estimated Revenue +
Total Estimated Revenue $
Fiscal Impact:

Exhibit A

ATTACHMENT B
ITEM 13
ITEM 13
ESTIMATE #
DATE

BILL TO SHIP TO

LEAD TIME

QUANTITY UNIT PRICE LINE TOTAL

1.0 15,312.00$ 15,312.00$

1.0 2,684.00 2,684.00

2.0 195.00 390.00

2.0 -
SUBTOTAL 18,386.00$
*SALES TAX 1,539.83
TOTAL 19,925.83$
X __________________________________________
Agreed & Approved Date
*Stanislaus County Tax Rate 8.375%
Additional terms: Purchaser assumes all risk of loss to persons or property. All product is used and sold as is without warranty. Any estimated lead time stated begins upon signed estimate and receipt of deposit. All returned product subject to minimum 35% restocking fee, plus labor. Work area must be free and clear. Deposit is required before beginning work, balance due upon completion. Products or services not listed are not included and subject to additional charges. A site inspection is required before any estimate can be considered valid.

This is an estimate and not a contract. This is a mere willingness to enter into a contract with Integrated Facility Services, Inc. When signed, this shall be deemed an offer by the customer, which can be accepted, rejected or counter-offered by IFSI. Valid for a reasonable time. Past due accounts charged 1.5% per month late fee, plus attorney's and collection fees. All contracts subject to IFSI "Terms & Conditions" (panelinstall.com/TermsandConditions.pdf)

FUEL CHARGE
Assumes free and clear access to site with no trade delays Estimate does not include any cutting or modifications of any product Bid does not include punch trip(s) or stair carrying of any furniture Cabler and electrician onsite at time of installation
Estimate based on 1 consecutive day(s) with (0) return trips and (0) cuts. Free storage provided for (30) calendar days. Appointments required on all shipments.

PREVAILING WAGE LABOR TO DELIVER AND INSTALL DURING NORMAL BUSINESS

HOURS (DOES NOT INCLUDE REMOVAL OR DISPOSAL OF EXISTING FURNITURE)

TRUCK CHARGE
Does not include permit
Labor to install all products in one phase on straight time

PAYMENT TERMS INSTALLATION DATE
75% DEPOSIT, BALANCE NET 15

DESCRIPTION

PRODUCT PER ATTACHED PRODUCT LIST
2220 Magnolia Street CERES, CA
Ceres, CA 95307
(209) 538-5778 [email protected]
September 25, 2023

CITY OF CERES CITY OF CERES
ATTN: Christopher Hoem 2220 MAGNOLIA ST.

Cubicle and Office Furniture Installation
Service. Installation. Sales. Parts. B7687
ESTIMATEIntegrated Services
1520 Whipple Road, Union City, CA 94587
Ph: (510) 487-7701 Fax: (510) 471-3349
CA LIC #994167

ATTACHMENT C
ITEM 13
CUSTOMER:

CONTACT:

QUOTED BY:

DATE:

QTY PART# DESCRIPTION
6 F2FAPA.3230N 32 X 30 FABRIC N/P PANEL
6 F2FAPA.3230E 32 X 30 FABRIC PWR PANEL
3 F2FAPA.3936E 39 X 36 FABRIC PWR PANEL
1 F2FAPA.6748E 67 X 48 FABRIC PWR PANEL
3 F2ACPA.6730E 67 X 30 FABRIC PWR ACOUSTICAL PANEL
1 F2PGPA.5336E 53 X 36 FABRIC PWR PARTIAL GLAZED PANEL - CLEAR 4 FDR.27 27 DRAW ROD KIT
1 FDR.34 39 DRAW ROD KIT
1 FDR.62 67 DRAW ROD KIT
1 FDRCH.34 39 DRAW ROD KIT CHANGE OF HEIGHT
1 FDRCH.62 67 DRAW ROD KIT CHANGE OF HEIGHT
4 F22W.32 32 2-WAY CONNECTOR
2 F22W.39 39 2-WAY CONNECTOR
1 F22W.67 67 2-WAY CONNECTOR
5 F2FE.32 32 END CAP KIT
1 F2FE.39 39 END CAP KIT
1 F2FE.67 67 END CAP KIT
2 F2BPE BASE FEED ( 6' )
2 F2CPE4.39 34-39 POWER POLE
3 FSERWS.3030L 30 X 30 STRAIGHT WORKSURFACE
1 FSERWS.3036L 30 X 36 STRAIGHT WORKSURFACE
2 FSERWS.3042L 30 X 42 STRAIGHT WORKSURFACE
1 FSERWS.3048L 30 X 48 STRAIGHT WORKSURFACE
2 FSERWS.3060L 30 X 60 STRAIGHT WORKSURFACE
1 FSECWS.3036L 30 X 36 CORNER WORKSURFACE *N/AVAIL NOTCHED* 2 FSERTS.1442L 14 x 42 SQUARE EDGE COUNTER CAP
1 F2DCL DUAL COLUMN LEG
3 F2HSH.1330 30" LOW SHELF KIT
1 F2HSH.1360 60" LOW SHELF KIT
1 F2PFLU.1330L 30" FLIPPER DOOR - PAINTED METAL FRONT
1 F2PFLU.1348L 48" FLIPPER DOOR UNIT - PAINTED METAL FRONT 3 FPEDSQP.BBF-MET BOX/BOX/FILE PEDESTAL
5 FLFSQP-2-30-MET 30" 2-DRAWER LATERAL FILE
2 BJ-MM2242BT MED ZONE MESH CHAIR - BLACK
1 FM2214BS AXIOM GUEST CHAIR - BLACK (2 CHAIRS IN A BOX)

INTEGRATED SERVICES
(510) 487-7701
www.panelinstall.com 1

ATTACHMENT C
ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: September 11, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Doug Dunford, Interim City Manager
[email protected], (209) 538-5751
SUBJECT:

Ordinance No. 2023-XX XX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend Mobile Food Truck Regulations
RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve the first reading and introduction of Ordinance No 2023- XXXX, reading by title only, waiving further reading, an ordinance of the City of Ceres amending Title 5, Business Licenses and Regulations, Chapter 10, Mobile Food Vending from Motor Vehicles, of the Ceres Municipal Code to amend the regulations related to Mobile Food Vendors I. BA
CKGROUND:

Until 2018, food trucks were generally not allowed in Ceres. The City Council adopted an ordinance and policies permitting them on October 8, 2018. The original action allowed for a trial or “pilot” period to observe and determine the feasibility of the regulations. The pilot period was extended by Council action on August 26, 2019 for a period of 12 months.

Due to the onset of the COVID-19 pandemic and staff turnover, the pilot period expiration date passed and the food truck program continued under existing rules and policies.

On July 24, 2023, the City Council had their first reading of a proposed ordinance amendment. The Council also decided to create a Food Truck Committee (“Committee”) to further discuss the proposed changes. The Committee met on July 31 and September 12, 2023. The committee consisted of members of the public and two City Councilmembers.

After receiving feedback from the Committee, the City Council rejected the second reading of the original proposal at the September 25, 2023 City Council meeting. Staff is now presenting the following proposal, referred to as “Food Truck Ordinance 2.0”, based on community feedback and direction from the Mobile Food Truck Committee.

ITEM 14
II. REASONS FOR RECOMMENDATION:

The Committee made the following recommendations:

1. Increase the limit of 10 stand-alone food trucks to 20

2. Maintain the distance buffers of 1000 feet for stand- alone food trucks and 350 feet from parks

3. Incorporate the existing food truck policies in the Ceres Municipal Code

4. Clarify the definitions used in the new recommendations to align with the California Vehicle Code

5. Increase the stand-alone food truck permit terms from 1 to 2 years, unless the process can be automated

6. Prohibit tables, tents and seating at stand-alone food trucks

7. Prohibit music from stand-alone food trucks, except at approved special events

8. Require lavatories within 200 feet for all food trucks

9. Clarify that the property owner has the ability to revoke authorization and cause the permit to be revoked

10. Limit the number of food trucks in downtown Ceres
III. F ISCAL IMPACTS:

The City would see an increase in revenue from the additional food trucks and the permitting process.

IV. EXI
STING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The ordinance presented coincides with strategic goals #2 and #3.

V. PO LICY ALTERNATIVES:

As alternatives, the Council can elect to do the following:

1. Do nothing and keep the pilot program continuing

2. Approve the ordinance presented tonight to amend the Municipal Code to establish new guidelines and processes.

3. Discontinue the current pilot program, banning existing food trucks.

4. Direct Staff to reconvene the Food Truck Committee for possible options that were not discussed.

VI. I
NTERDEPARTMENTAL COORDINATION:

City Staff and the City Attorney were consulted on this proposal.

VII. PUBL IC PARTICIPATION:

Staff coordinated with the Mobile Food Truck Committee to hold two meetings that were scheduled for July 31, 2023 and September 12, 2023.

VIII. ENVI
RONMENTAL REVIEW:

This proposal is not subject to CEQA.

ITEM 14
IX. STEPS FOLLOWING APPROVAL:

This ordinance would be presented to the Council at the next available Council meeting for a second reading. Upon passage, 30 days later, the ordinance would become part of the Municipal Code.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Draft Food Truck Ordinance

2. Attachment B – Current Ordinance (Mobile Food Vending from Motor Vehicles)

3. Attachment C – Public Hearing Notice
ITEM 14
ITEM 14
ORDINANCE NO. 2023-XXXX
AN O

RDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING CHAPTER 10, MOBILE FOOD VENDING FROM MOTOR VEHICLES OF TITLE 5,

BUSINESS LICENSES AND REGULATIONS, OF THE CERES MUNICIPAL CODE

TO AMEND MOBILE FOOD TRUCK REGULATIONS
WHEREA
S, the City Council of the City of Ceres, State of California, has considered a proposal for an ordinance amendment to modify Chapter 5.10 of the Ceres Municipal Code, Mobile Food Vending from Motor Vehicles, to amend the regulations related to food trucks; and
WHEREA
S, the Community Development Department held community meetings on April 26, 2023 and June 21, 2023 to solicit public feedback on proposed revisions to the City’s food truck regulations, and considered all testimony and comments presented whether orally or in writing; and
WHEREA
S, at the July 24, 2023, City Council meeting, the City Council decided to create a Food Truck Committee to provide a recommendation to the City Council on the proposed changes; and
WHEREAS, the Food Truck Committee held public meetings on July 31, 2023 and September 12, 2023 to review the proposals and recommend changes to the food truck regulations; and
WHEREAS, the proposed ordinance amendment is consistent with the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b- 3), the proposed amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Amending the applicable section of the Ceres Municipal Code as proposed will not have any significant effect on the environment, and therefore, the proposal is not subject to CEQA.

NOW
, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTI
ON 1. Chapter 10, Mobile Food Vending From Motor Vehicles, of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code, is amended to read as follows:

CHAPT
ER 10 MOBILE FOOD VENDORS

5.10.010 Purpose.

The purpose of this chapter is to establish a permitting and regulatory program for mobile food vendors operating from motor vehicles, vehicles, trailers, and/or trailer coaches as defined in the California Vehicle Code. The provisions of this chapter allow ITEM 14

ATTACHMENT A
the City to encourage small business activities while still permitting regulation and enforcement of unpermitted mobile food vending activities to protect the public's health, safety, and welfare.

5.10.020 Definitions.

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Applicant is the owner and/or primary operator of the Mobile Food Vendor operation.

Approving Authority is the City Manager or designee for all types of Mobile Food Vendor permits except those issued as Conditional Use Permits by the Ceres Planning Commission.

Hearing Officer means an impartial individual designated by the City Manager to determine appeals pursuant to and in accordance with Chapter s 5.10 and 19.11 of the Ceres Municipal Code.

Mobile food vendor means a person who displays, prepares, or processes food on a motor vehicle, vehicle, trailer, and/or trailer coach for the purpose of selling food to a consumer. Mobile food vendor does not include a handcart or bicycle- pulled cart, which are regulated under Title 5 Business Licenses and Regulations, Chapter 17 Sidewalk Vending, of the Ceres Municipal Code. For the purposes of this Chapter, “Mobile Food Vendor’s vehicle or trailer” includes their motor vehicle, vehicle, trailer, and/or t railer coach.

Motor vehicle as defined in the California Vehicle Code 415, is a vehicle that is self- propelled.

Trailer as defined in the California Vehicle Code 630, is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.

Trailer coach as defined in the California Vehicle Code 635, is a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle.

Vehicle as defined in the California Vehicle Code 670 , is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

5.10.030 Permit and Business License Required.

Mobile food vendors shall obtain a mobile food vendor permit issued under the provisions of this chapter and any necessary business license as required by the Ceres Municipal Code in order to operate within the City.

ITEM 14

5.10.040 General and operational standards for Mobile Food Vendors.

Unless otherwise exempt, the following general and operational standards shall apply to all mobile food vendors:

A. All mobile food vendors shall obtain any required permits from the City, County, and the State, if applicable.

B. All mobile food vendors shall comply with the California Vehicle Code and Health and Safety Code and shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, water quality, and environmental regulations and laws.

C. No more than 20 Administrative Use Permits, as established pursuant to section 5.10.050, may be issued within the City at one time.

D. Mobile food vendors shall not impede on- or off-site vehicle circulation at the site in which the mobile food vendor operates.

E. Mobile food vendors must provide written authorization of the property owner at which the m obile food vendor operates. At any time, the property owner may revoke their authorization and in such case the City shall revoke the Mobile Food Vendor permit at that property.

F. Mobile food vendors shall not use parking spaces on the site (e.g., for customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off -street parking available for the primary use(s) of the site as determined by the City Manager or designee.

G. Mobile food vendors shall provide adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.

H. Mobile food vendors shall not stop, stand, or park their vehicle or trailer in any clear vision triangle or no parking zone.

I. Mobile food vendors shall maintain a clear path of travel on the sidewalk pursuant to the Americans with Disabilities Act free of customer queuing, signage, and all portions of the vehicle for the clear movement of pedestrians.

J. The Mobile Food Vendor's permit shall be attached to and prominently displayed on the Mobile Food Vendor's vehicle or trailer.

K. Mobile Food Vendors shall only operate within the days and hours of operation established in the permit.

L. Mobile Food Vendors must have a written agreement with an existing non- residential business establishment within two hundred (200) feet of the Mobile Food Vendor location for use of lavatory facilities by the Mobile Food Vendor operator during operating hours.

M. No Mobile Food Vendor operation may occur within twenty (20) feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station ITEM 14
driveway. A greater distance or separation from similar uses may be required to preserve line-of-sight, or for other safety reasons. The operation shall not damage landscaped areas.

N. Mobile Food Vendors shall have a trash receptacle at the operation for use by customers for disposal of refuse generated from this activity and shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust-controlled co ndition. The trash receptacles shall comply with all applicable requirements of the Ceres Municipal Code and any regional, state, and federal regulations. Mobile food vendors must have authorization from the property owner to allow the disposal of waste in appropriate waste receptacles on site.

O. No signs, balloons, or flags may be displayed on or off the site to promote the Mobile Food Vendor except those permanently affixed to the Mobile Food Vendor vehicle or trailer. CUP Mobile Food Vendors shall adhere to sign regulations as described in Ceres Municipal Code Section 18.26.

5.10.050 Mobile Food Vendor Permits.

A. An Administrative Use Permit (AUP) is required for individual Mobile Food Vendors operating within the City. An AUP may be issued by the Approving Authority and shall be subject to the following additional requirements:

1. A distance buffer of at least 1,000 feet is required between AUP Mobile Food Vendors.

2. A distance buffer of at least 350 feet is required between AUP Mobile Food Vendors and any school or park.

3. A distance buffer of at least 350 feet is required between AUP Mobile Food Vendors and any b uilding-enclosed restaurant unless written permission is provided by the restaurant operator.

4. Amplified music or sound is prohibited.

5. Tables, chairs, canopies, and tents are prohibited.

6. AUP Mobile Food Vendors shall not operate in Downtown Ceres , as defined by the Ceres Downtown Specific Plan, during the annual Ceres Street Faire unless the Mobile Food Vendor is an authorized participant.

7. AUP Mobile Food Vendors shall only be allowed to operate in the IP, M-1, M-2, A- P, C-1, C-2, C-3, H-1, CC, HC, RC, MX-1, MX-2, C-F and PC zones. AUP Mobile Food Vendors shall only be allowed to operate in PC zones that have a General Plan land use designation of industrial, commercial, or mixed-use.

8. AUP Mobile Food Vendors shall only operate on private property as authorized by the property owner.

9. AUP Mobile Food Vendors shall not operate in any public right-of-way.

10. AUP Mobile Food Vendor vehicles and trailers shall not be parked at their approved site during non-operating hours.

11. AUP Mobile Food Vendor permits expire two years following approval.

B. A Temporary Use Permit (TUP) is required for Mobile Food Vendors operating during ITEM 14
a special event pursuant to a Special Use Event permit as set forth in Ceres Municipal Code Chapter 5.09. A TUP may be issued by the Approving Authority.

C. A Conditional Use Permit (CUP) is required for properties where either (1) a Mobile Food Vendor applicant seek s an exception to the requirements that apply to AUP Mobile Food Vendors; or (2) multiple Mobile Food Vendors seek to operate on a single property. A CUP shall be processed in accordance with the provisions set forth in Chapter 30 of Title 18 of the Ceres Municipal Code. Mobile Food Vendors operating with a CUP shall be subject to the following additional requirements:

1. A legally permitted and permanent public restroom facility is required.

2. L ighting, landscaping, parking, signage, and other development standards must adhere to Title 18, Zoning, of the Ceres Municipal Code.

3. T he Planning Commission may establish certain conditions deemed necessary to protect the public health, safety, welfare, and aesthetics of the community.

4. The permit length and expiration date, if applicable, shall be determined by the Planning Commission.

D. An Eatery Food Truck Permit is required for Mobile Food Vendors that operate at breweries, pubs, and bars . A n Eatery Food Truck Permit may be issued by the Approving Authority and shall be subject to the following additional requirements:

1. Amplified music or sound is prohibited.

2. Operation of an Eatery Food Truck shall only be allowed on private property containing a brewery, pub, or bar.

3. Operation of an Eatery Food Truck shall only be within the operating hours of the brewery, pub or bar that is on the same property as the Eatery Food Truck.

4. Eatery Food Truck Permits expire two years following approval.

5.10.060 Additional operational standards for ice cream trucks.

Standards for ice cream trucks shall be governed under Vehicle Code section 22456.

Operation of an ice cream truck business requires a business license from the City of Ceres.

5.10.070 Permit application.

An applicant for a mobile food vendor permit shall submit an application to the City Manager or designee. The application shall include the following:

A. The legal name of any person operating or managing the m obile food vendor operation.

B. The email address, phone number and mailing address of the applicant.

C. Proof of valid health permit(s) from the Stanislaus County Department of Environmental Resources, as required by applicable law or regulation.

D. A site plan showing the location at which the applicant proposes to conduct the business.

ITEM 14
E. T he proposed days and hours of operation, and a description and pictures of the front, side, and rear of the m obile food vendor trailer or vehicle which is to be operated at the location.

F. A letter from the property owner or designee authorizing the mobile food vendor operation at the proposed location, if on private property.

G. A letter from the property owner or designee of the lavatory facility within 200 feet of the mobile food vendor operation, authorizing use of the lavatory by the mobile food vendor during hours of operation.

H. A letter authorizing the mobile food vendor operation, for any AUP mobile food vendor, from any building-enclosed restaurant owner (s) or designee(s) within 350 feet of the mobile food vendor operation.

I. A nonrefundable application fee pursuant to section 5.01.140.

5.10.080 Transfer of permit.

Permits may not be sold, leased, assigned, hypothecated or transferred in any manner to another person, firm, partnership, or corporation, including new owners in a corporation or partnership, except that a mobile food vendor holding a valid permit may transfer said permit to another location where the mobile food vendor wishes to operate with the consent of the Approving Authority.

5.10.090 Permit suspension, revocation, and appeal procedures.

A. The Approving Authority may suspend or revoke the mobile food vendor permit where any provision of this chapter, state law, or a condition of a mobile food vendor permit is violated.

B. Notification of the suspension or revocation of the mobile food vendor permit must be made in writing, must state the reason(s) for the action, and must notify the mobile food vendor of the appeal process as set forth in this section. The revocation or suspension shall become effective at the end of the appeal period and, if an appeal is requested, the action shall be stayed pending the appeal decision.

C. In the case of a Conditional Use Permit, the Planning Commission shall hold a public hearing pursuant to the requirements set forth in Chapter 30 of Title 19 of the Ceres Municipal Code.

D. Any person who has been denied a mobile food vendor permit or any person whose mobile food vendor permit has been suspended or revoked may appeal the decision and request an appeal hearing pursuant to the administrative hearing procedure set forth in Chapter 11 of Title 19 of the Ceres Municipal Code.

5.10.100 Violations.

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor. In addition, the Code Enforcement Officer(s) or any duly authorized ITEM 14
representative of the City may elect to seek punishment as an infraction or issue an administrative citation as authorized by Title 19 of the Ceres Municipal Code.

SECTION 2. SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 3. PUBLICATION AND EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of a general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days after its passage.

SECTION 4. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL . This Ordinance was introduced at a regular meeting of the City Council held on the 13th day of November 2023, and passed and adopted as Ordinance No. 2023- XXXX at a regular meeting of the City Council held on the 11th day of December 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

APPROVED:

___________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney
ITEM 14
ITEM 14
11/2/23, 10:18 AM Ceres, CA Municipal Code
about:blank 1/4
A.

CHAPTER 10 - MOBILE FOOD VENDING FROM MOTOR VEHICLES

5.10.010 - Purpose.

The purpose of this chapter is to establish a permitting and regulatory program for mobile food vendors operating from motor vehicles. The provisions of this chapter allow the City to encourage small business activities while still permitting regulation and enforcement of unpermitted mobile food vending activities to protect the public's health, safety, and welfare.
(Ord. No.
2020-1057 , § 1, 3-23-2020)

5.10.020 - "Mobile food vendor" denition.

Mobile food vendor means a person who displays, prepares, or processes food on a motor vehicle for the purpose of selling food to a consumer.
(Ord. No. 2020-1057 , § 1, 3-23-2020)

5.10.030 - Permitted sales.

Mobile food vendors shall acquire mobile food vendor permit issued under the provisions of this chapter, and any necessary business license as required by this title. (Ord. No.
2020-1057 , § 1, 3-23-2020)

5.10.040 - General development and operational standards for mobile food vendors.

Unless otherwise exempt, the following general and operational standards shall apply to all mobile food vendors (including ice cream trucks):

All mobile food vendors shall obtain any required permits from the City, County, and the State, if applicable.

All mobile food vendors shall comply with the Vehicle Code and Health and Safety Code.

Mobile food vendors shall not operate in an unsafe manner, including but not limited to impeding on- or off-site vehicle circulation and obstructing the view of pedestrians by motorists.

ATTACHMENT B
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D.

1. 2.

3. E.

1. 2.

3. 4.

Operations on private property.

Notwithstanding any other provision of this chapter, mobile food vendors may operate on private property; provided, that prior to conducting such business operations, they have the authorization from the property owner upon which the operations are occurring; and provided further, that they have the authorization from any other building-enclosed restaurant located within a 350-foot radius of the operations, as measured from the primary customer entrance of the restaurant; and provided further, that neither such restaurant nor the City has articulated a public safety concern due to traffic, parking, or otherwise, arising out of such mobile food vendor's operations. Vendor must be able to demonstrate property owner authorization as provided in this section.

Mobile food vendors shall not use or permit use of parking spaces on the site (e.g., for customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the Community Development Director.

Mobile food vendors shall provide adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.

Operations in public right-of-way.

Mobile food vendors shall not operate within 350 feet of any building-enclosed restaurant as measured from the primary customer entrance of the restaurant, except when the mobile food vendor has written authorization from all building-enclosed restaurants that are within that same 350-foot radius.

Mobile food vendors shall not stop, stand, or park in any clear vision triangle or no parking zone.

Mobile food vendors shall not operate within 350 feet of a public or private school in which children at or below the twelfth grade level are enrolled, and which is in session.

Mobile food vendors shall maintain a clear path of travel on the sidewalk pursuant to the Americans with Disabilities Act free of customer queuing, signage, and all portions of the vehicle for the clear movement of pedestrians.
(Ord. No.
2020-1057 , § 1, 3-23-2020)

5.10.050 - Additional operational standards for ice cream trucks.

Standards for ice cream trucks shall be governed under Vehicle Code section 22456. In addition, development and operational standards in section 5.01.040 shall apply to ice cream trucks. To the extent that section 5.01.040 is more restrictive, it shall supersede the requirements of Vehicle Code section 22456.

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A.

B.
(Ord. No. 2020-1057 , § 1, 3-23-2020)

5.10.060 - Permit application.

An applicant for a mobile food vendor's permit shall submit an application to the City Manager. The application shall include, among other things, the following:

The true name of the applicant, together with the names of all persons directly or indirectly interested in the conduct of such business, including all members of any firm or partnership.

A corporate applicant shall list the officers, directors and principal owners, including all owners of ten percent or more of the corporate stock;
The phone number and address of the applicant;
Whether the applicant has at any time been convicted of a felony or of any offense involving moral turpitude or has been convicted of any narcotics violation; Whether or not any permit or license heretofore granted to applicant to engage in any business or to do any act within the City or elsewhere has been revoked or denied, and, if so, the circumstances surrounding the revocation or denial; The location at which the applicant proposes to conduct the business; The type of food, wares, or merchandise to be sold, the proposed hours of operation, and a description, drawing or picture of the vehicle which is to be operated at the location; Such additional information bearing on the identity and character of the applicant or applicant's employees, the location proposed or the nature of the business as the City Manager may require; and
A nonrefundable application fee pursuant to
section 5.01.140.
(Ord. No. 2020-1057 , § 1, 3-23-2020)

5.10.070 - Decision and limitations.

The City Manager may deny an application for a mobile food vendor's permit if the applicant has been convicted of one of the type of category of crimes enumerated in section 5.10.060 of this chapter or, if in his or her opinion, the business is to be located or operated under circumstances where it would tend to cause a law enforcement problem or create a public nuisance or where the granting of the permit would not be compatible with the public health, safety, or welfare, or would not comply with the provisions of this chapter or would be contrary to the public interest.

The City Manager shall deny the permit if the application does not meet the location requirements or any other requirements of this this chapter.

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C.

The City Manager shall have the authority to limit the area which a mobile food vendor may cover, to approve the design of any mobile food vendor's vehicle, and to specify the exact location on a block where the mobile vendor shall operate, taking into account pedestrian and vehicular traffic flow and the other standards imposed by this article. The City Manager may impose such additional reasonable terms and conditions upon the operation of the business as he or she deems necessary or desirable under the circumstances to protect the health, safety, and well-being of the public. The City Manager may require all food to be located on the mobile food vendor's vehicle and may prohibit the location of any food on sidewalks.

If, for a period of ten or more consecutive days between May 1 and September 30, or 60 or more consecutive days between October 1 and April 30, a person with a mobile food vendor's permit fails to maintain or operate their business, then the permit shall be deemed abandoned and shall be revoked.

The mobile food vendor's permit shall be attached to and prominently displayed on the mobile food vendor's vehicle.

Prior to the issuance of any permit under this chapter, the applicant shall pay to the City any business operations tax required by
section 5.01.140.

Decisions of the City Manager relating to the granting or denial of an application for a mobile food vendor's permit shall be rendered in writing not less than 60 days after the date of application.

Copies of decisions shall be mailed to the applicants not later than five days after the date of decision, and shall be mailed to the address of any business, conducted on the street level, which is located within 100 feet of the site of the mobile food vendor's permit. (Ord. No.
2020-1057 , § 1, 3-23-2020)

5.10.080 - Transfer of permit.

A mobile food vendor's permit is not property and shall have no value. Permits may not be sold, leased, assigned, hypothecated or transferred in any manner to another person, firm, partnership, or corporation, including new owners in a corporation or partnership, except that a mobile food vendor holding a valid permit may transfer said permit to another location where the mobile food vendor wishes to operate with the consent of the City Manager.
(Ord. No.
2020-1057 , § 1, 3-23-2020)
ITEM 14
NOTICE

OF PUBLIC HEARING
NOTI
CE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing on Monday, October 23, 2023 beginning at 6:00 p.m., or soon thereafter, at the Ceres Community Center, 2701 Fourth Street, Ceres, California, for the following:

1. A hearing
to cons ider an amendment to the Ceres Municipal Code, Title 5 Business Licenses and Regulations, Chapter 10 Mobile Food Vending from Motor Vehicles . Adjustments to the food truck ordinance are being proposed based on feedback from com munity outreach and Food Truck C ommittee meetings. Changes include increasing the limit of 1 0 stand-alone food trucks citywide to a limit of 20, maintaining distance buffers , incorporating existing food truck policies into the Ceres Municipal Code, and other miscellaneous changes.

Locati
on: Citywide
Applicant: City of Ceres
CEQA: Exempt per Section 15061(b-3)
Public
comment may be submitted by emailing [email protected] by 4:00 p.m. on the date of the meeting or verbally at the hearing.

The meeti
ng agenda, staff report, and project documents will be publicly available by 6:00 p.m. on Friday, October 20, 2023 at www.ci.ceres.ca.us and at 2220 Magnolia St ., Ceres, California during regular business hours.

Any per
son who challenges thi s action in court may b e limited to raising only those issues they or someone else raised at the public he aring, or in wr itten correspondence delivered to the City of Ceres at, or prior to, the public hearing.

Date Notice P
ublished: October 11, 2023
/s/ Fa
llon Martin, City Clerk
ITEM 14

ATTACHMENT C
ITEM 14

COUNCIL AGENDA REPORT

CITY COUNCIL

SUBJECT:

Ordinance No 2023-XXXX, Adding Chapter 7, Protection of Critical Infrastructure, of Title 6, Health and Sanitation, to the Ceres Municipal Code

Ordinance No 2023-XXXX, Adding Chapter 8, Health and Hygiene, of Title 6, Health and Sanitation, to the Ceres Municipal Code

RECOMMENDED COUNCIL ACTION:

1. Staff recommends Council motion for first reading and introduction of Ordinance No 2023- XXXX, reading by title only, waiving further reading, an ordinance of the City of Ceres adding Chapter 7, Protection of Critical Infrastructure, of Title 6, Health and Sanitation, to the Ceres Municipal Code.

2. Staff recommends Council motion for first reading and introduction of Ordinance No 2023- XXXX, reading by title only, waiving further reading, an ordinance of the City of Ceres adding Chapter 8, Health and Hygiene, of Title 6, Health and Sanitation, to the Ceres Municipal Code.

I. BA
CKGROUND:

In recent years, there has been an increase of unpermitted camping activity within City limits due to a shelter crisis, resulting in a significant number of persons unable to obtain shelter. These types of encampments attract illegal dumping, rodents, fire hazards and contamination of the surrounding areas, which pose an immediate threat to the health, safety, and welfare of the public, including encampment occupants. The proposed ordinances establish the necessary framework to regulate and manage encampments to maintain healthy and hygienic communities. The ordinances authorize City personnel to conduct temporary clean and clear operations and establish regulations for the removal of individuals and their personal property in, on, or near critical infrastructure intended for the provision of public services.

ITEM 15

II. REASONS FOR RECOMMENDATION:

The critical infrastructure protection ordinance will address the threat to public health, safety, and welfare posed by encampments near critical infrastructure (the “Critical Infrastructure Protection Ordinance”). The Critical Infrastructure Protection Ordinance will declare it a public nuisance for any person to camp, occupy camp facilities, use camp paraphernalia, or store personal property within twenty -five (25) feet of critical infrastructure, within twenty-five (25) feet of a vehicular or pedestrian entrance or exit of critical infrastructure, and in portions of right-of-way that are required by law to be free of obstructions to first responders. The Critical Infrastructure Protection Ordinance does not apply to camping on private property if authorized by the private property’s owner.

Violations of the Critical Infrastructure Protection Ordinance will be subject to abatement after seventy-two (72) hours’ written notice. If conditions and violations are so severe that immediate action is required to prevent serious threat of harm, the City can pursue summary abatement without prior notice. Further, violations of the Critical Infrastructure Protection Ordinance will be subject to criminal, civil, and administrative penalties, in addition to any legally available remedies.

The health and hygiene ordinance will address the threat to public health, safety , and welfare posed by encampments (the “Health and Hygiene Ordinance”). The Health and Hygiene Ordinance authorizes the Public Works Department to carry out clean and clear operations of camp sites to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste. The clean and clear operations require seventy - two (72) hours’ notice to affected occupants. Any property left at the campsite during the clean and clear operations will be considered abandoned and subject to dis posal.

Unabandoned and temporarily unattended items will be collected for safe storage and retrieval by occupants unless the items are not safe for storage. Any items not safe for storage will immediately be discarded. Further, permanent closure of a campsite can occur if an existing or expected natural disaster or environmental harm poses a threat to the health and safety of the camp’s occupants.

Compliance with Martin v. City of Boise.

Due to the Martin v. City of Boise (“Martin”) decision, ordinances that prohibit camping in public places are unenforceable against homeless individuals when there is no practical alternative shelter available.
1 Ordinances prohibiting camping in public places at
particular times or in particular locations, however, are still enforceable. 2 The Critical Infrastructure Protection Ordinance is designed to comply with Martin since the Critical Infrastructure Protection Ordinance only prohibits camping within twenty -five (25) feet of critical infrastructure and in portions of right-of-way that are required by law to be free of obstruction to first responders. The Camping Within City Limits Ordinance also complies with Martin since the Campling Within City Limits Ordinance only prohibits camping in specific locations.

Further, the Health and Hygiene Ordinance only authorizes permanent closure of an encampment site when there is an existing or expected natural disaster or environmental harm posed by a threat to the health and safety of a camp’s occupants. Ordinances

1 Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584, 618. 2 Id. at 617.

ITEM 15
requiring the temporary vacating of an encampment in a public space on a regular basis for public health and safety purposes are also enforceable. 3 The Health and Hygiene Ordinance provides for “clean and clear” operations to protect public health and safety.

Collecting Personal Property Located within Encampments.

When the City abates encampments by collecting personal property of the encampment’s occupants, the United States Constitution’s due process clause requires that the City take reasonable steps to give notice to the property owner.
4 Further, the City must provide
owners of taken property the opportunity to retrieve their property. 5 The Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance comply with the United States Constitution’s due process clause by providing encampment occupants seventy-two (72) hours’ written notice prior to abatement and clean and clear operations. 6 The Critical Infrastructure Ordinance only authorizes summary abatement in the limited circumstance where conditions or violations are so severe that immediate action is required to prevent the serious threat of harm. Further, when the City abates pursuant to the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance the City will store taken unabandoned and temporarily unattended property for at least ninety (90) days for retrieval by property owners, unless such property is not safe for storage.
7 III.

FISCAL IMPACTS:

The City will bear the cost of enforcing the ordinances . The Critical Infrastructure Protection Ordinance authorizes the City to recover the cost of abating camping and use of camping paraphernalia near critical infrastructure. Practically, however, the recovery of abatement cost can be difficult.

IV.

EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

The Critical Infrastructure Protection Ordinance ensures that the community has adequate, well-maintained infrastructure and coincides with strategic goal #1. The Health and Hygiene Ordinance and the Camping Within City Limits and Garbage Removal Ordinance both address the health, safety, and welfare of the community and coincide with strategic goal #2.

V. PO LICY ALTERNATIVES:

As alternatives to adopting the ordinances, the Council could decide to:

1. C ontinue introduction of the proposed ordinances to a later City Council meeting, with direction to staff to provide changes, or

2. Reject the proposed ordinances.

3 Shipp v. Schaaf (N.D. Cal. 2019) 379 F.Supp.3d 1033, 1037 (“Shipp”). 4 Lavan v. City of Los Angeles (9th Cir. 2012) 693 F.3d 1022, 1032. 5 Ibid.
6 See Shipp, supra, at 379 F.Supp.3d at p. 1038.
7 See ibid.

ITEM 15

VI. I NTERDEPARTMENTAL COORDINATION:

City staff and the City Attorney were consulted in the preparation of this proposal.

VII. PUBL
IC PARTICIPATION:

N/A.

VIII. ENVI
RONMENTAL REVIEW:

N/A.

IX. ST
EPS FOLLOWING APPROVAL :

The City Council will consider approval of the second reading and adoption of the Ordinances at a later meeting of the City Council.

Approved by: _____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Critical Infrastructure Protection Ordinance

2. Attachment B – Health and Hygiene Ordinance

3. Attachment C – Public Hearing Notice

ITEM 15

ATTACHMENT A
{CW133972.1}
ORDINANCE NO. 2023-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES, ADDING CHAPTER 7, PROTECTION OF CRITICAL INFRASTRUCTURE, OF TITLE 6,

HEALTH AND SANITATION, TO THE CERES MUNICIPAL CODE

WHEREAS, camping and use of camping paraphernalia near critical infrastructure poses an immediate threat to public health, safety , and welfare due to potential destruction of, damage to, and interference with infrastructure critical to the provision of public services, such as law enforcement, fire prevention, transportation, and utilities, including communication, water and waste disposal; and

WHEREAS, destruction of, damage to, or interference with critical infrastructure is caused by fire, contamination, blocked access, or other causes; and

WHEREAS, destruction of, damage to, or interference with critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure; and

WHEREAS, the City of Ceres City Council (“City Council”) desires to mitigate the threat of fire and other potential causes of destruction and damage to and interference with critical infrastructure to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES ORDAINS AS FOLLOWS:

SECTION 1 . C
hapter 7, Protection of Critical Infrastructure shall be added to Title 6 , Health and Sanitation, of the Ceres Municipal Code as follows:

Chapter 7 Protection of Critical Infrastructure
Sections:

6.07.010 Findings and purpose.

6.07.020 Definitions.

6.07.030 Relation to other laws.

6.07.040 Prohibited Activities.

6.07.050 Abatement.

6.07.060 Interference.

6.07.070 Violation—Penalty.

ITEM 15

ATTACHMENT A
{CW133972.1}

6.07.010 Findings and purpose.

The city council finds as follows: (1) an immediate threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities, including communication, water, and waste disposal; (2) destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, blocked access, or other causes; and (3) destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.

The purpose of this chapter is to mitigate the threat of fire and other potential causes of destruction and damage to and interference with critical infrastructure to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

6.07.020 Definitions.

When used in this chapter, the following words and phrases have the following meanings:

A. “ Camp” and “camping” mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, mobile homes, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.

B. “ Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.

C. “ Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.

D. “ Critical infrastructure" means real property or a facility, whether privately or publicly owned, that the City Manager designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, waterways, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.

E. “ Facility" means a building, structure, equipment, system, or asset.

ITEM 15

ATTACHMENT A
{CW133972.1}
F. “ Fire prevention official" means the Fire Chief, or designee.

G. “ Garbage” includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of, foodstuffs.

H. “ Hazardous waste” has the same meaning as in California Public Resources Code Section 40141.

I. “ I
nfectious waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.

J. “ Refuse” includes garbage and rubbish.

K. “Solid waste or wastes” includes all putrescible and non- putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

6.07.030 Relation to Other Laws.

Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Ceres Municipal Code or as otherwise permitted under law.

6.07.040 Prohibited activities.

A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia at the following locations:

1. Critical infrastructure;

2. Within twenty-five feet (25) of critical infrastructure;

3. Within twenty-five feet (25) of a vehicular or pedestrian entrance or exit of critical infrastructure; or

4. On those portions of a right -of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies.

B. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in the following locations without the written consent of the owner, except as otherwise provided by resolution of the city council:

ITEM 15

ATTACHMENT A
{CW133972.1}

1. Critical infrastructure;

2. Within twenty-five (25) feet of critical infrastructure;

3. Within twenty-five (25) feet of a vehicular or pedestrian entrance or exit of critical infrastructure; or

C. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to the period that the owner has given their consent. All overnight camping on private residential property within the City is subject to applicable building and fire codes under the Ceres Municipal Code and prohibitions on the use of trailers and mobile homes as set forth in the Ceres Municipal Code.

D. Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private propert y for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by Title 6 or other laws, ordinances, and regulations.

6.07.050 Abatement.

A. Any violation of Section 6.07.040 may result in abatement of an occupant’s personal property after providing them with no less than seventy -two (72) hours’ written notice that the occupant’s camp, camp paraphernalia, or camp facility is located in or on a designated Critical Infrastructure area.

B. Summary abatement without prior notice is warranted when conditions or violations are so severe that immediate action is required to prevent the serious threat of harm.

C. Abatement pursuant to subsections A or B may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or refuse; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.

D. Regardless of the city's authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with the Ceres Municipal Code, and applicable provisions of state and federal law; and is liable for violations thereof.

ITEM 15

ATTACHMENT A
{CW133972.1}
E. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Chapter 19.12.

6.07.060 Interference.

In accordance with California Penal Code § 148, no person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official in their execution of an abatement pursuant to this chapter.

6.07.070 Violation—Penalty.

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal, civil, and administrative penalties pursuant to Title

19. B. Violations of this chapter are hereby declared to be a public nuisance.

All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

SECTION 2. S
everability. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.

SECTION 3. E
ffective Date and Publication. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.

Thi
s Ordinance was introduced at a regular meeting of the City Council held on the 13 th day of November 2023, and passed and adopted as Ordinance No. 2023- XXXX at a regular meeting of City Council held on the 11th of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

__________________________
Javier Lopez, Mayor
ITEM 15

ATTACHMENT A
{CW133972.1}
ATTEST:

_______________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney

ITEM 15

ATTACHMENT B
{CW133971.1}
ORDINANCE NO. 2023-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES, ADDING CHAPTER 8, HEALTH AND HYGIENE, OF TITLE 6, HEALTH AND SANITATION TO

THE CERES MUNICIPAL CODE
WHEREAS, a shelter crisis exists due to a significant number of persons without the ability to obtain shelter; and
WHEREAS, homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; and WHEREAS, the shelter crisis is an immediate threat to the health, safety , and welfare of the public, including encampment occupants; and WHEREAS, until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES ORDAINS AS FOLLOWS:

SECTION 1 . C hapter 8, Health and Hygiene, shall be added to Title 6, Health and Sanitation of the Ceres Municipal Code as follows:

Chapter 6.08 H ealth and Hygiene
Sections:

6.08.010 Findings and purpose.

6.08.020 Definitions.

6.08.030 Relation to other laws.

6.08.040 Abatement.

6.08.050 Interference.

6.08.010 Findings and purpose.

The city council finds as follows: (1) a shelter crisis exists due to a significant number of persons without the ability to obtain shelter; (2) homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; (3) the shelter crisis is an immediate threat to the health, safety, and welfare of the public, including encampment occupants; (4) until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities.

The purpose of this chapter is to alleviate the hazardous conditions of encampments by authorizing the Public Works Department , or a City authorized agent, to conduct temporary clean and clear operations and permanent encampment closures as necessary to protect the public welfare, health, and safety.

ITEM 15

ATTACHMENT B
{CW133971.1}

6.08.020 Definitions.

When used in this chapter, the following words and phrases have the following meanings:

A. “Abandoned” shall mean any property that based on words, act , or other objective indications, it is reasonable to conclude that a person has relinquished ownership of the property.

B. “Camp” and “camping” mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.

C. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.

D. “Camp paraphernalia” i ncludes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non- city designated cooking facilities and similar equipment.

E. “Clean and Clear” means the temporary cl osure of an encampment to all occupants to remove hazardous materials, refuse, or other types of waste.

F. “Environmental” means relating to the natural or artificial conditions of the environment of the area of concern.

G. “Fire Hazard” means the accumulation of dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

H. "Hazardous waste" has the same meaning as in California Public Resources Code Section 40141.

I. “ Illegal Dumping” means to deposit or allow to remain in any street, alley, public park or other public owned property any of the following: discarded boxes, cartons, earth, concrete, bricks, waste construction materials, tin or metal cans, bottles, glass, rags, paper and any and all like items which have been discarded or are no longer desired by the owner thereof.

J. “Infectious waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.

ITEM 15

ATTACHMENT B
{CW133971.1}
K. “Natural Disaster” includes floods, earthquakes, wildfires, and other serious environmental events that create emergencies that endanger the safety of the city’s population.

L. "Refuse” includes garbage and rubbish.

M. “Routine” means occurring repeatedly on a weekly, monthly, or annual basis at any interval (bi-weekly, bi-monthly, etc.)

N. “ Solid waste or wastes” includes all putrescible and non- putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition, and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

6.08.030 Relation to Other Laws
Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Ceres Municipal Code or as otherwise permitted under law.

6.08.040 Abatement
A. The Public Works Department is authorized to carry out both one- time or routine Clean and Clear operations at camping locations to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste.

B. Clean and Clear operations require that affected occupants receive notice of the action at least seventy -two (72) hours prior to its scheduled time, in accordance with Ceres’s encampment management policy, as it may be amended from time to time.

C. Any property left at the campsite during the Clean and Clear operation shall be considered abandoned and subject to disposal. City officials will collect and log any unabandoned and temporarily unattended items that are safe for storage for retrieval by occupants after the operation ends. The city shall secure any collected belongings for no less than ninety (90) days.

D. Any items that are not safe for storage, including but not limited to food, food wrappers, soiled items, or items used for personal hygiene (not including medication), may be immediately discarded. Additionally, property that is hazardous or poses an immediate threat to public health and safety may also be discarded.

ITEM 15

ATTACHMENT B
{CW133971.1}
E. Permanent closure of a campsite is warranted where an existing or expected natural disaster or environmental harm poses a threat to the health and safety of a camp’s occupants. Permanent closure entails the same requirements of this Section, unless an emergency makes notice and logging personal property infeasible.

6.08.050 Interference.

In accordance with California Penal Code § 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of their office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

SECTION 2 .

Severability. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.

This Ordinance was introduced at a regular meeting of the City Council held on the 13 th
day of November 2023, and passed and adopted as Ordinance No. 2023- XXXX at a regular meeting of City Council held on the 11 th of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

__________________________
Javier Lopez, Mayor

ITEM 15

ATTACHMENT B
{CW133971.1}
ATTEST:

_______________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney

ITEM 15
ITEM 15
{CW133684.2}
City of Ceres

NOTICE OF PUBLIC HEARING
NOT
ICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing on Monday, November 13, 2023, beginning at 6:00 p.m., or soon thereafter, at the Ceres Community Center , 2701 Fourth Street , Cere s, C alifornia, to consider the following:

An or
dinance of the C ity Council of the City of Ceres, adding Chapter 7 , Protection of Critical Infrastructure, of Title 6, Health and Sanitation, of the Ceres Municipal Code.

An or
dinance of the City Council of the City of Ceres, adding Chapter 8 , Health and Hygiene, of Title 6, Health and Sanitation, of the Ceres Municipal Code.

An or
dinance of the C ity Council of the City of Ceres, rep ealing Section 18.28.120 – Overnight Camping in Residential, Commercial and Industrial Related Zoned Properties, of Chapter 18.28 Special Provisions, of Title 18, Zoning; adding Chapter 22, Camping Within City Limits, of Title 9, Public Peace, Safety and Morals , to the Ceres Municipal Code; and amending Title 6, Chapter 1,Section 6.01.160, Illegal/unauthorized dumping, of the Ceres Municipal Code.

In r
ecent years, there has been an increase of unpermitted campin g activity within City limits due to a shelter crisis, resulting in a significant number of persons unable to obtain shelter. These types of encampments attract illegal dumping, rodents, fire hazards and contamination of the surrounding areas, which pose an immedi ate threat to the health, safety, and welfare of the public, including encampment occupants. The proposed ordinances establish the necessary framework to regulate and manage encampments to maintain healthy and hygienic communities. The ordinances authorize City personnel to conduct temporary cl ean and clear operations and establish regulations for the removal of indiv iduals and their personal property in, on, or near critical infrastructure intended for the provision of public services.

Publi
c comment may be submitted by emailing [email protected] by 4 :00 p.m. on the date of the meeting or verbally at the hearing.

The m
eeting agenda, staff report, and project documents will be publicly available by 6:00 p. m. Fr iday, November 10, 2023, at www.ci.ceres.ca.us and at 2220 M agnolia Street, Ceres, California during regular business hours.

Any
person who challenges thi s action in c ourt may b e limited to raising only those issues that t hey or someone else raised at the public h earing, or in wr itten correspondence delivered to the City of Ceres at, or prior to, the public hearing. /s
/ Fallon Martin, City Clerk
Date Not
ice Published: November 1, 2023

ATTACHMENT C
ITEM 15
ITEM 15

COUNCIL AGENDA REPORT

CITY COUNCIL

Public Murals and the Creation of a Mural Ad Hoc Committee

RECOMMENDED COUNCIL ACTION:

Staff recommends Council select either the Mayor and one Councilmember, or select two Councilmembers, to form a Mural Ad Hoc Committee to collaborate with the Community Development Director, property owners, and muralists to encourage and support the creation of murals throughout the City of Ceres in 2023 and 2024.

I. BACKGROUND:

City staff have discussed the creation of murals with property owners and a local artist.

The proposal is for the creation of murals at no cost to the City or the property owners.

The murals would be painted at the expense of the artist(s) and/or through grant funds obtained by the artist(s).

Examples of the mural artwork are attached, as well as a map of currently proposed mural locations. Staff has begun preliminary discussions with the property owners regarding potential artwork on their building facades.

II.

REASONS FOR RECOMMENDATION:

Staff would like to solicit the feedback of the Council through an ad hoc committee of two members of the Council.

III. FISCAL IMPACTS:

There would be no impact to the City’s funds. Development of any murals would be at the expense of the artist(s) and/or through grant funds obtained by the artist(s).

ITEM 16
IV. EXISTING POLICY / R ELATIONSHIP TO STRATEGIC PLAN:

Mu
rals provide the opportunity for a vibrant, livable community by enhancing the public environment.

V. POLICY ALTERNATIVES:

N/A
V
I. INTERDEPARTMENTAL COORDINATION:

N/
A
V
II. PUBLIC PARTICIPATION:

T
he public is encouraged to provide input at the November 13, 2023 City Council meeting.

V
III. ENVIRONMENTAL REVIEW:

A
ny murals created would be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15311(a) of California CEQA Guidelines.

I
X. STEPS FOLLOWING APPROVAL:

T
he Community Development Director will meet with the Mural Ad Hoc Committee and engage with local artists and property owners to create murals throughout the City.

A
pproved by: _____________________
Douglas D. Dunford
Interim City Manager
A
ttachments:

1. Attachment A – Example Murals

2. Attachment B – Map of Possible Mural Locations

3. Attachment C – Presentation
ITEM 16
ITEM 16

ATTACHMENT A
ITEM 16
Exeter, CA Exeter, CA
Modesto, CA Modesto, CA
ITEM 16
ITEM 16

ATTACHMENT B
Public Murals and Creation of a
Mural Ad Hoc Commitee
Ceres City Council
November 13, 2023

ATTACHMENT C
ITEM 16
Mural Ad Hoc Committee
• Recommendation for either Mayor and one Councilmember, or j
ust two Councilmembers
• Review and provide re commendations on mural locations and content
ITEM 16
Example: 2960 4th Street, Ceres
ITEM 16
Example: 2701 Mitchell Rd, Ceres
ITEM 16
Examples: Exeter, California
ITEM 16
Examples: Modesto, California
ITEM 16

Ceres City CouncilNovember 13, 2023

Ceres City Council
November 13, 2023