CHAPTER 16 PARKS, PUBLIC PROPERTY, AND PUBLIC FACILITIES
9.16.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
Amplified sound, sound systems, or equipment means any electrical or battery- operated machine or device for the amplification of the human voice, music or any other sound. This definition shall not include standard battery-operated radios, stereos, tape players, or compact disc players, when such equipment is used and operated at a volume level which does not disturb the peaceful and quiet enjoyment of other persons in public parks or of persons residing in residential areas adjacent to the public parks.
This definition shall likewise not include a public address system so long as its use is limited to the making of speeches or announcements, and is not used for the purpose of amplifying music or other sounds.
Director means the Recreation Manager.
Picnicker means a person on an outing or excursion with food usually provided by such person and eaten in the open.
Public facilities means all buildings, structures or improvements owned, maintained, leased or controlled by the City, and designated by the City for use by the public for recreational, social or public service activities.
Public parks means those real properties, together with all improvements located thereon, which are owned and maintained by the City for use by the public as a park.
Public property means all real property owned, maintained, leased or controlled by the City, specifically including, but without limitation, all public streets, sidewalks and rights-of-way.
Retention pond means an artificially formed structure designed to hold water permanently with the capacity to accommodate a limited amount of storm water runoff.
Retention ponds are reservoirs of natural water designed to enhance aesthetic elements of large scale residential, commercial, and industrial developments.
Special community events or activities mean those events or activities which are intended for the benefit of, and may be attended by, the public at large; or, those events or activities which are intended for the benefit of, and will be attended primarily by the membership of, a community-based social, ethnic, or religious organization, which group or organization has been in existence within the City for at least six months prior to making its application for a permit.
ITEM 18
Created: 2024-01-21 14:17:12 [EST]
(Supp. No. 2)
Vehicle means a wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled, including any trailer in tow of any size, kind or description, except baby carriages, wheelchairs, and vehicles in the service of the City.
9.16.020 Purpose.
The purpose of this chapter is to regulate the use by the public of the City's public parks, property and facilities in order to maximize the enjoyment and use of such parks, property and facilities; minimize the disturbance or interference with the use of surrounding properties and the use of the parks, property or facilities by other members of the public; and, generally protect and safeguard the public's interest in such parks, property and facilities.
9.16.030 Compliance required.
No person shall use, enter, be or remain in any "public park," "public property" or "public facility" as defined in this chapter, unless they comply with all the applicable regulations set forth in this chapter and such administrative rules and regulations as may be established by resolution of the City Council as provided herein.
9.16.040 Permit required for certain activities; procedure.
A. Each person or organization shall secure from the City a permit for use of any public park, public property or public facility where such use involves any of the following uses or activities:
1. persons or groups proposing to erect or maintain a display/sales table, booth or similar structure, in or upon any park, public property or other public facility;
2. persons or groups desiring to reserve a facility or park area for a limited time for their exclusive use;
3. Any person(s) or group desiring to hold a contest, demonstration or exhibit in a park or public facility for which fees will be charged;
4. Overnight camping by youth organizations. Overnight camping by youth organizations for persons 15 years of age and under shall be limited to no more than two consecutive nights. Such youth organizations shall be accompanied by their chaperones. Camping for more than two consecutive nights must be approved by the City Council;
5. The offering of any article of food or drink for sale; or the stationing or placing of any stand, cart or vehicle for the transportation, sale or display of any such article of food or drink in the park or on public property adjacent to such park;
6. The construction or erection of any building or structure of whatever kind, whether permanent or temporary in character, or the running or stringing on any private or public service utility into, upon or across such land; ITEM 18
Created: 2024-01-21 14:17:12 [EST]
(Supp. No. 2)
7. The restriction of a portion of any public street and/or sidewalk for exclusive uses such as block parties, fun runs, parades and specific festivals.
B. Applications for such permits shall be submitted upon forms provided by the Recreation Manager and shall be accompanied by such fee as may from time to time be set by resolution of the City Council.
1. The Recreation Manager or designee shall grant or conditionally approve such application, if the Director determines that the application is consistent with the purposes of this chapter as set forth in section 9.16.020. If such finding cannot be made, the application for permit shall be denied.
2. The applicant for a permit, or any interested party, may appeal the decision of the Recreation Manger. The term "interested party" shall mean any person whose interest in the matter is adversely affected by the decision of the Recreation Manager. All requests for appeal shall be made in writing and served upon the City Clerk.
The person appealing the decision of the Recreation Manager may appeal directly to the City Council, in which event the appeal shall be scheduled for the next regular Council meeting which is at least seven days from receipt of the written request for appeal. In the alternative, the person appealing may elect to appeal first to the City Manager, in which event the appeal hearing will be held before the City Manager, or his designee, within ten days of receipt of the written request for appeal. Decisions of the City Manager, or his designee, may be appealed to the City Council. Fees and other administrative rules and regulations regarding such appeals shall be established by resolution of the City Council.
C. It is unlawful for any person to conduct any use or activity for which a permit is required as provided in this chapter without first obtaining such permit.
D. Any permit issued pursuant to this section shall be revoked upon a finding by the Recreation Manager or the manager's designee that the person or organization has failed to comply with any conditions of approval imposed upon the permit issued as provided herein.
9.16.050 Administrative regulations.
In addition to the rules, regulations and restrictions set forth in this chapter, the City Council may, from time to time, pass appropriate resolutions to establish administrative rules and regulations as may be deemed necessary to regulate the use of "public parks," "public property" and "public facilities" as defined herein.
9.16.060 Use of areas in park.
A. The Recreation Manager or designee shall have the authority to regulate the activities in park areas, when necessary, to prevent congestion and to secure the maximum use of the park facilities for the comfort and convenience of all, and may ITEM 18
Created: 2024-01-21 14:17:12 [EST]
(Supp. No. 2)
limit the length of time such facilities, including picnic facilities, are used to avoid crowding. Visitors shall comply with any directions given to achieve this end.
B. Individual fireplaces or tables and benches shall be used on the basis of "first come, first serve" except in areas designated by "reservation only."
9.16.070 Closing sections of parks.
Any part of a park may be declared closed to the public for all or specified purposes by the Recreation Manager or the Public Works Director at any time and for any interval of time, either temporarily or at regular intervals.
9.16.080 Acts prohibited in city parks; infractions.
No person shall do any of the following acts within a City park:
A. Fail to obey all properly posted signs regulating park use; B. Picnic or lunch in a place reserved by others;
C. Bring into any park any material which, if spilled, spread, sprayed or used for marking, will be injurious to humans, turf, plant growth or facilities; D. Pick the flowers or seeds of any tree or plant;
E. Attach any rope, wire or other contrivance to any tree or plant; F. Dig in or otherwise disturb any park area or in any way injure or impair the natural beauty or usefulness of any area;
G. Climb any tree, or walk, stand or sit upon any monument base, fountain, railing, fence or upon any other property not designated, constructed or customarily used for such purposes;
H. Remove or have in his possession any wild animal, bird, or fowl, or the eggs, nest or young of any reptile, wild animal or bird;
I. Except in any dog park, no person having the control or care of any dog shall permit such dog to enter or remain in a park, unless it is led by a leash of suitable strength no more than six feet in length. The person owning, controlling or having custody of such dog shall be jointly and severally responsible for all damages caused by such dog. Such person who has control of a dog or dogs shall be responsible for the pickup and proper disposal of the dog excrement;
J. Make or kindle a fire for any purpose, except at places provided for such purpose, unless prior permission shall be obtained therefor from the Recreation Manager, or leave a fire started by such person, or at such person's direction, or used by such person until such fire is completely extinguished;
K. Play or practice golf or use golf clubs and golf balls in any area of the parks; ITEM 18
Created: 2024-01-21 14:17:12 [EST]
(Supp. No. 2)
L. Dump, deposit, or leave any bottle, broken glass, ashes, paper box, can, refuse or trash, except in the receptacles provided for such materials. Where such receptacles are not provided, all such material shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere;
M. Maintain, use, or consume within a City public park any beverage which is commercially packaged or contained within a glass container. For the purpose of this subsection, glass baby bottles being used for the purpose of feeding infant children shall not be deemed a violation of this subsection.
N. Use skateboards, in-line skates, roller skates, scooters or bicycles within tennis courts, basketball courts, parking areas, covered picnic areas, or baseball complex.
O. Fail to obey the lawful order of any peace officer or City employee authorized to enforce the rules and regulations as set forth herein.
P. Fail to obey all traffic regulations concerning the use of vehicles or caution, stopping, parking and all other signs posted for control or to safeguard life and property.
Q. Park a vehicle in other than an established or designated parking area or use a parking area in a manner not in accordance with the posted directions or the instructions of a designated City representative or peace officer who may be present.
R. Ride any other person on a bicycle, except where the bicycle is built for operation by more than one person.
S. No person in a park or on public or private property adjacent to a park shall produce or allow to be produced any loud noise from a radio, stereo, tape deck or other means which noise disturbs the peaceful and quiet enjoyment of any person in a public park or in residential areas adjacent to a public park.
T. It shall be unlawful to use tobacco products of any kind, including, but not limited to, chewing tobacco, cigars, cigarettes, e-cigarettes, cannabis, or cannabis products, in or upon any City park, baseball complex, soccer complex or, within 20 feet of exterior to the complex, or to discard lighted or unlighted cigars, cigarettes, cannabis, or cannabis products in said areas. After the posting of signs affording reasonable notice to persons of this restriction, any person violating this provision shall be guilty of an infraction, which shall be punishable by a fine of established by resolution of the City Council.
U. Parks and public areas shall not be used for storage or a dumping location for any personal items, including without limitation, car parts, bicycles parts, bicycles, furniture, appliances, generators, propane tanks, or combustible materials.
ITEM 18
Created: 2024-01-21 14:17:12 [EST]
(Supp. No. 2)
9.16.090 Violations.
Violation of any provision of section 9.16.080 shall be punishable as an infraction, with fines assessed established by resolution of the City Council.
9.16.100 Acts prohibited in City parks, public property and public facilities.
No person shall do any of the following acts:
A. Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or appurtenances, gas pipes, hydrants, stopcock, sewer, basin, construction in any park, or other public property. The parents of any minor committing such acts shall be responsible for all such damages caused by their minor children.
B. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark of any tree.
C. Make or cause to be made any duplicate keys to public facilities rented from the City, or to keep City keys.
D. Sell or offer for sale any alcoholic beverage in a public park, upon "public property" or in "public facilities" as defined in this chapter, except for special events or as provided in section 9.07.020 of this title, and except as authorized pursuant to any administrative rules and regulations adopted by the City Council pursuant to section 9.16.050 of this chapter.
E. Where retention ponds, as defined in section 9.16.01 of this chapter, are established in a public park, including the River Bluff Regional Park lower terrace area, fishing or any act in effort to kill, injure, disturb, capture, or catch fish in the retention pond is prohibited and shall be punishable as an infraction, pursuant to subsection 19.02.030(B).
9.16.110 Special provisions regarding the use of amplified sound in public parks, public facilities or upon public property.
A. The use of amplified sound, sound systems, or equipment is permitted in public facilities and upon public property, provided a permit for its use is first obtained in accordance with the provisions of section 9.16.040 of this chapter.
B. The use of amplified sound, sound systems, or equipment is prohibited in all public parks, except as provided in subsection C of this section.
C. The use of amplified sound, sound systems, or equipment may be allowed in public parks for special community-related events or activities, provided a permit for its use is first obtained from the Recreation Manager pursuant to the procedure set forth in subsection 9.16.040.A of this chapter.
ITEM 18
Created: 2024-01-21 14:17:12 [EST]
(Supp. No. 2)
1. When issuing any such permit, the Recreation Manager may impose such conditions or restrictions upon the use of amplified sound, sound systems, or equipment as may be necessary to safeguard and protect the quiet enjoyment of other users of the park and of persons residing in residential areas adjacent to the park. Such conditions may include, but are not limited to, any of the following conditions:
a. Restrictions upon the location and directional positioning of the equipment used for amplification.
b. Restrictions upon the time period or periods during which amplification equipment may be used.
c. Restrictions upon the maximum size, and sound level produced by the amplification equipment.
D. It shall be unlawful for any person to fail to properly obtain a permit as required by this section, or to conduct the use authorized by the permit in violation of any term or condition of the permit.
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ATTACHMENT C
City of Ceres
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on A ugust 26, 2024 at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following Ordinance of the City Council of the City of Ceres amending Title 9, Chapter 16 of the Ceres Municipal Code to limit the public’s ability to store or dump items in City parks and public areas.
Ordinance Summary: A hearing to introduce and waive the first reading of the ordinance amending Title 9, Chapter 16 of the Ceres Municipal Code to limit the public’s ability to store or dump items in City parks and public areas.
All Interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.
Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538- 5731.
If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.
/s/ Fallon Martin, City Clerk
Date Notice Posted: August 14, 2024
ITEM 18
ITEM 18
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: August 26, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Julian Aguirre, Redevelopment and Economic Development Manger [email protected] (209) 538-5773
SUBJECT:
Resolution No. 202 4-XXX, Approving the Annual Report of the Ceres Downtown R evitalization Area for Fiscal Year 2024-25 and Setting a Public Hearing for Sept ember 9, 2024, to Consider Approving the Levy Assessment for C eres Downtown
Revitalization Area Activities and Projects
RECOMMENDED COUNCIL ACTION:
St
aff recommends the approval of a Resolution approving the Annual Report of the Ceres Downtown Revitalization Area (CDRA) for the 2024-25 Fiscal Year and setting the City Council’s public hearing for the regularly scheduled meeting for September 9, 2024, to consider levying an assessment on businesses within the CDRA to finance the CDRA’s activities and projects planned for Fiscal Year 2024-25.
I. BACKGRO UND:
The Ceres Downtown Revitalization Area was created under the provisions of the Parking and Business Improvement Area Law of 1979 by Ordinance No. 88 -708 adopted by the Ceres City Council on September 26, 1988. In 1995, pursuant to the authority provided in the Streets and Highways Code 36500- 36551, the City Council approved Ordinance 95-848 which added flexibility to the types of uses and activities for which assessment revenue could be used. New language was added to allow assessment revenues to be used for…. “Other projects, programs and/or improvements, the purpose of which is to contribute to the revitalization of downtown Ceres”. All of the ordinance provisions are codified in Ceres Municipal Code Chapter 3.08, CERES DOWNTOWN REVITALIZATION AREA.
The Ceres Downtown Revitalization Area Board (CDRAB) was established by the City Council in 1989 by Resolution No. 1989-18 and, in 1998, the Ceres Planning Commission was formally appointed by Council as the designated advisory body to serve as the Ceres Downtown Revitalization Area Board (CDRAB) and advise the City Council regarding economic and revitalization issues of the Downtown area. Resolution No. 1989- 18 ITEM 19
requires that an Annual Report be prepared by the CDRAB and forwarded to the City Council and that the Annual Report make recommendations as to the expenditure of funds for each fiscal year. After the Annual Report is reviewed and accepted by the City Council, a public hearing is to be scheduled, at which time the City Council considers approval of the assessment to be levied on applicable businesses for that next fiscal year.
Under Municipal Code Section 3.08.030, revenues generated by the assessment on businesses located in the Ceres Downtown Revitalization Area will be used to fund replacement of selected curb, gutter and sidewalks; landscaping and beautification, irrigation, street furniture and lighting, including related maintenance; reconstruction of alleys and provisions for off -street parking; façade renovation efforts; and other general projects and/or improvements that contribute to the revitalization of downtown Ceres.
At the August 19
th CDRAB meeting the Board (Planning Commission) reviewed the proposed CDRAB Annual Report for FY2024 -25, including reviewing the annual budget of proposed expenditures.
The action of the CDRA Board is to recommend that the City Council approve the CDRAB FY2024-25 Annual Report, which is attached hereto. The Board’s action also recommends that the FY2024- 25 budget expenditures for normal ongoing annual expenses continue at a conservative pace. The estimated revenue for FY2024- 25 may vary each quarter based on when businesses submit their payment. As of now the contract services expenditure consist of 24,780.00 for landscape services and other services that will be removed from next fiscal year.
The significant landscape services expenditure must be allocated to fund the cost necessary to provide the landscape maintenance in the CDRA, as the City ahs assumed full responsibility for this service.
II. RE
ASONS FOR RECOMMENDATIO N:
The State of California Streets and Highways Code section 36533(a) requires that a report be prepared annually, describing the boundaries of the zone, the assessments to be levied on businesses in the zone, and to identify any improvements and activities t o be paid from those assessments.
The Annual Report for FY 2024-25 is attached to this report for your review and includes a map of the CDRAB boundaries, legal description of the CDRAB area, and the method for calculating the individual business assessments. Although the levy and assessments for the CDRAB have not been raised since the Parking and Business Improvement District was first created in 1989, staff and the Board are proposing that the assessment for FY 2024-25 remain the same as FY 2023-24, which is outlined in the attachment E.
III. F
ISCAL IMPACTS :
The full fiscal impact of the proposed Ceres Downtown Revitalization Board annual budget recommended by the CDRAB is $ 26, 281. These funds are to be appropriated from the CDRAB budget, which is financed from levying an assessment on Downtown businesses and there will be no impact to the General Fund. This assessment is projected to generate approximately $8,300 or more during the 2024- 25 Fiscal Year.
Additionally, the proposed budget will require approximately $ 1 7,981.00 from ITEM 19
unexpended budget reserves. As of June 30, 2024, CDRAB unencumbered reserves are anticipated to be $ 62,573.77. If the City Council adopts this budget and the funds allocated to all projects identified are fully expended, CDRAB unencumbered reserves on June 30, 2025 are anticipated to be ~ $44,092.77.
IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :
Action on this item furthers the City’s Strategic Plan goal of “Economic Development:
Proactively implement the City Council’s Economic Development Strategic Plan 2013- 2020 consistent with the Council’s long-term vision and priorities…”. As noted previously, action to approve this Annual Report furthers the progress in implementing the Strategic Plan, as well as the Ceres Downtown Specific Plan policy objectives that will enhance the community’s economic strength and vitality.
V. P
OLICY ALTERNATIVES :
N/A
VI. I NTERDEPARTMENTAL COORDINATION:
N/A
VII. P UBLIC PARTICIPATION:
A public hearing to be scheduled on September 9, 2024, when the City Council considers the levy of an assessment on affected businesses for FY 2024-25. A Downtown Business Meeting will be held on Thursday August 22, 2024, for comments and review of BID to new and existing businesses.
VIII. EN
VIRONMENTAL REVIEW :
N/A
IX. STEPS FOLLOWING APPROVAL:
Following City Council action, a public hearing will be scheduled on September 9, 2024 to consider approving the levy assessment on businesses located within the CDRA boundaries for FY2024-25.
Approved by: _______________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution (Approving the CDRA Annual Report)
2. Attachment B – Annual Report of the CDRA for Fiscal Year 2024-25
3. Attachment C – Boundary Map
4. Attachment D – Legal Description of Boundary
5. Attachment E – Method of Calculating Assessment
ITEM 19
6. Attachment F – Ceres Downtown Revitalization Area Proposed FY 2024-25 Budget
7. Attachment G – CDRAB Staff Report
8. Attachment H – CDRAB Resolution
ITEM 19
ATTACHMENT A
RESOLUTION NO. 2024-XXX
APPROVING THE ANNUAL REPORT OF THE CERES DOWNTOWN
REVITALIZATION AREA FOR FISCAL YEAR 2024-25 AND SETTING A PUBLIC HEARING FOR SEPTEMBER 9, 2024, TO CONSIDER
APPROVING THE LEVY ASSESSMENT FOR CDRA ACTIVITIES AND
PROJECTS
THE CITY COUNCIL
City of Ceres
WHEREAS, the Ceres Downtown Revitalization Area Board has duly prepared and filed with the City Clerk of the City of Ceres its Annual Report for the 2024-25 Fiscal Year, which report was approved on August 19, 2024, at a duly noticed public meeting of the Ceres Downtown Revitalization Board; and
WHEREAS, the City Council of the City of Ceres has reviewed said report, including the proposed assessments to be made for the 20 24-25 Fiscal Year, and finds said report to be in the best interest of the citizens of the City of Ceres; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres, California, as follows:
1) The Annual Report of the Ceres Downtown Revitalization Area Board for FY 2024-25, a copy of which is on file in the Office of the City Clerk of the City of Ceres, is hereby approved;
2) The City Council of the City of Ceres does hereby declare its intention to levy and collect the assessments within the said Ceres Downtown Revitalization Area for the 2024-25 fiscal year as set forth in the Annual Report of the Ceres Downtown Revitalization Area Board;
3) The Ceres Downtown Revitalization Area is generally located in the downtown Ceres area and bounded by State Highway 99, Sixth Street, and Magnolia Street;
4) The proposed improvements and activities for the Ceres Downtown Revitalization Area for the 2024-25 fiscal year generally include the provision of electricity to streetlights, maintenance of street trees and landscaping, rotation of seasonal and promotional banners, proposed matching funds for the downtown façade improvement program, and a proposed downtown incentive program;
5) The City Council does hereby refer and incorporate herein by reference the Annual Report of the Ceres Downtown Revitalization Area Board for the 2024- 25 Fiscal Year for a more full and detailed description of the improvements and activities to be provided during the 2024-25 Fiscal Year, the boundaries of the area subject to assessments, and the proposed assessments to be levied upon ITEM 19
businesses within the area for said Fiscal Year, a copy of which is on file in the Office of the City Clerk of the City of Ceres;
6) A public hearing is hereby set for Monday, September 9 , 2024, at 6:00 pm, or as soon thereafter as practical, in the City Council Chambers of the City of Ceres located at 2701 Fourth Street, Ceres, California, for the purpose of considering the proposed levy of assessments to be made upon businesses located within the Ceres Downtown Revitalization Area for the 2024-25 Fiscal Year;
7) At said public hearing, written and oral protests may be made. The form and manner of said protests shall comply with Sections 36524 and 36525 of the Streets and Highways Code of the State of California.
BE IT FURTHER RESOLVED that the Clerk of the City of Ceres shall give notice of said public hearing by publication in the Ceres Courier, a newspaper of general circulation in the City of Ceres not less than seven (7) days prior to said public hearing and by mailing a notice of said public hearing to the businesses located within the boundaries of the Ceres Downtown Revitalization Area.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
th day of August 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
______________________________
Javier Lopez, Mayor
ATTEST:
________________________________
Fallon Martin, City Clerk
ITEM 19
ATTACHMENT B
CERES DOWNTOWN REVITALIZATION AREA BOARD
FISCAL YEAR 2024-25 ANNUAL REPORT
CERES DOWNTOWN REVITALIZATION BOARD
The Ceres downtown Revitalization Area Board (CDRAB) was formed by the City Council on January 23, 1989, to assist business owners, merchants and landowners with the revitalization and promotion of Downtown Ceres.
BOUNDARIES
The boundaries for the Ceres Downtown Revitalization Area are reflected in Exhibit A and described with the attached legal description, Exhibit B. These boundaries generally include the area between 6
th Street to the east, Pine Street to the south, El Camino Avenue to the west and include south- facing properties on Magnolia Street from El Camino Avenue, east to 6 th Street. This area covers approximately ten (10) city blocks and approximately fifty (50) businesses.
IMPROVEMENTS AND ACTIVITIES TO BE PROPOSED FOR FISCAL YEAR 2024-25
The revenue generated from assessments will be used to fund the maintenance of tree grates, landscaping, sidewalks, and the payment of electricity for streetlights. It will also contribute to the potential downtown facade improvement program and the development of a new downtown incentive program. The details of the new program will be determined and presented to the board and City Council.
ESTIMATE OF THE COST OF PROVIDING THE IMPROVEMENTS AND ACTIVITIES FOR FISCAL YEAR 2024-25
The CDRAB proposed budget for Fiscal Year 2024- 25 is approximately $26,281, which funds landscape maintenance, electricity, office supplies and advertising.
SURPLUS OR DEFICIT REVENUES TO BE CARRIED OVER FORM PRIOR FISCAL YEARS
The Ceres Downtown Revitalization Area Board creates a separate stand- alone budget each year. Any unexpended funds from this or prior fiscal years will be returned to the fund balance. All projects and activities proposed to be funded during the upcoming year shall be included in each proposed budget approved by the City Council annually.
METHOD AND BASE OF LEVYING ASSESSMENT
The assessment for Fiscal Year 2024- 25 will replicate the parking and business improvement district assessment as outlined in Exhibit C.
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ATTACHMENT B
EXISTING POLICY
The City Council of the City adopted an ordinance, Chapter 3.36 of the City of Ceres Municipal Code, establishing a downtown parking and improvement area pursuant to the provisions of the Parking and Business Improvement Area Law of 1979. The area was designated as the “Ceres Downtown Revitalization Area” (Ord. 88-708, 1988)
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ATTACHMENT C
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ATTACHMENT D
CERES DOWNTOWN REVITALIZATION AREA
Legal Description
All that certain real property situated in a portion of the Southeast ¼ of Section 14, Township 4 South, Range 9, Mount Diablo Base and Meridian, City of Ceres, County of Stanislaus, State of California described as follows:
BEGINNING at the Northwest corner of Lot 13, Block 22, of the CITY OF CERES, as shown on the map file din Volume 11 of maps at page 1, Stanislaus County Records, thence Northerly along the prolongation of the West line of said Lot 13, a distance of 15’ +/- to the true point of beginning; thence Easterly along a line which is 150’ North of the parallel to the centerline of Magnolia Street a distance of 1995’ +/- to the centerline of Sixth Street; thence South along the centerline of Sixth Street a distance of 1840’ +/- to the centerline intersection of Park Street; thence West along the center line of Park Street and its prolongation a distance of 500’ +/- to appoint on the Southerly prolongation of the Westerly right of way line of El Camino Avenue; thence Northwesterly along the Westerly right of way line of El Camino Avenue and its prolongation a distance of 2200’ +/- to a point on the Southerly prolongation of the West property line of said Lot 13; thence North along the West line of said Lot 13 and its prolongation a distance of 210’ +/- to the true point of beginning.
Adopted by the Ceres City Council August 8, 1988 (resolution 88-156)
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ATTACHMENT E
CERES DOWNTOWN REVITALIZATION AREA
METHOD OF CALCULATING ASSESSMENT
1 Business with gross receipts of less than
$50,000.00 per quarter
$10.00 per month
2 Businesses with gross receipts of $50,000.00
or more per quarter
$ 25.00 per month
3 Businesses with gross receipts of
$200,000.00 or more per quarter
$ 25.00 per month PLUS
one mil (.001) on all gross
receipts over $200.000.00
per quarter
4 Membership fee for banks and savings and
loans
$500.00 per year
5 Gasoline service stations with gasoline sales
of $ 800,000.00 or more per year
$500.00 per year PLUS
$25.00 per month
6 Residential 0.00
7 Home occupation permits Same as #1,2,3 and 4
The aggregate or combined receipts shall be used for all businesses owned by the same party or parties and that are located at the same address.
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ATTACHMENT F
Ceres Downtown Revitalization Area Board
Proposed 2024-25 Budget
Revenue
Projected Revenues $8300
Expenditure
Proposed Department Expenditures $26281
• Electricity and Gas $1201 • Advertising $150 • Contract Services
a. CDRA landscape services
b. Extra banner rotation
c. Lights on downtown trees
d. Promotional banner rotations
$21840
$950
$1040
$950
• Office Supplies $150 • Way Finding Signs HOLD
• Downtown Incentive Program HOLD
• Façade Renovation HOLD
Total Proposed 2024-25 $ 26,281.00
Total Projected 2024-25 (Assessment Revenue) $ 7,800.00 (estimate) Total Projected 2024-25 (Budget Deficit) $ 17,981.00
~ CDRAB Ending Balance $44,592.77
ITEM 19
ITEM 19
ATTACHMENT G
MEETING DATE: August 19, 2024,
SUBJECT: Ceres Downtown Revitalization Area (CDRAB) FY2023-24 ANNUAL REPORT
FROM: Julian Aguirre, Redevelopment and Economic
Development Manager.
BACKGROUND
T
he Ceres Downtown Revitalization Area (CDRAB) was established in 1989 under the California Streets and Highways Code Section 36500 as a Parking and Business improvement District to levy assessments on downtown businesses to fund activities that benefit the downtown revitalization area, including general maintenance and promotional activities.
The rules and regulations for operating a Parking and Business Improvement District (PBID) are established in the California Streets and Highways Code Section 36500.
Section 36501(C) of the same code states:
The legislature also finds that it is of particular local benefit to allow cities to fund property related to improvements and activities through the levy of assessments upon the businesses which benefit from those improvements and activities.
Under Municipal Code Section 3.08.030, revenues generated by the assessment on businesses located in the Downtown Revitalization Area are used to fund programs and activities that benefit businesses located in the district. The Ceres Downtown Revitalization Area utilizes the revenue generated by the assessments for general maintenance of the district, electricity payments for downtown streetlights, tree lighting, and landscape maintenance. Municipal Code Section 3.08.070 provides that the City Manager shall have sole discretion to expend CDRAB revenues for those activities, projects and programs included in the Annual Plan.
DISCUSSION
T
he Annual report for FY 2024-25 is attached to this report for your review and includes a map of the CDRAB boundaries, legal description of the CDRAB area, and the method
City of Ceres Planning Commission
STAFF REPORT & RECOMMENDATION
ITEM 19
ATTACHMENT G
for calculating the individual business assessments. The levy and assessments for the CDRAB have not been increased since the PBID was created in 1989, and staff is proposing that the assessment for FY 24- 25 remain the same as FY 23- 24, which is outlined in the attached Exhibit C.
Proposed expenditures in FY 2024- 25 are outlined in Exhibit “D” and include standard district landscape maintenance activities and the utility bills for Downtown streetlights.
This proposed budget continues to reflect more austere plans for CDRA activities, based on a more reflective approach to the reduced revenue from actual assessments, an action the Board initiated in FY 2016-17.
The proposed budget also retains the expenditure category that was added to the budget four years ago, following input from the CDRAB resulting from public meetings and workshops held in 2014 with the property owners and representatives from the Chamber of Commerce. This category will continue to serve as a place-holder for the potential new activities that may include a Ceres Downtown Façade Improvement program and a potential downtown incentive program. These collective recommended budget categories are identified as a positive effort to increase foot traffic downtown and enhance the overall shopping experience. Further, considering the significant impact to the small businesses in downtown Ceres, the City’s anticipated recovery may provide an opportunity to consider formal measures envisioned in some type of “incentive” program.
For FY2024-25, the proposed budget accompanying the CDRA Annual Report identifies expenditures in the amount of $26,281.00 The proposed revenue from quarterly assessments paid by the downtown merchant members expected in FY2024- 2025 including interest, was projected to be $ 8,300. Full expenditure of the budget requires coverage in the amount of $1 7,981 from the approximate $ 62,573.77 CDRA reserve funds as of June 30, 2024.
Regarding Contract Services, the expenditures consist of $21,840.00 for landscape services, Public Works has put out an RFP for Landscaping as the contract will be expiring.
Based on assessments received for year 23- 24, the CDRAB budget continues to spend down from the reserves. Staff have Identified that several businesses in the BID have not been notified of their requirements and the City of Ceres will be holding a community meeting to advise the Downtown Business of their requirements in hopes to increase the quarterly revenue.
Budget worksheets have been prepared to assist the Board, which are attached as Exhibits “D” (Proposed Budget FY24 -25) and “E” (Adopted Budget FY23 -24)
RECOMMENDED ACTION
ITEM 19
ATTACHMENT G
Review the Annual Report and Adopt Planning Commission Resolution 2024- 01 (CDRAB) Accepting the Annual Report of the Ceres Downtown Revitalization Area Board for the FY2024-25 and recommending that the City Council Approve the Report and set a Public Hearing to Consider a Levy of the Proposed Assessments for FY24.
ATTACHEMENTS
•
Ceres Downtown Revitalization Area Board (CDRAB) Resolution 2024-01 • Annual Report of the Ceres Downtown Revitalization Area • Exhibit A – Boundary Map
• Exhibit B – Legal Description
• Exhibit C- Method of Calculating Assessment
• Exhibit D- CDRAB 2024-25 Proposed Budget
• Exhibit E- CDRAB 2023-24 Adopted Budget Summary
• Exhibit F- CDRAB 2024-25 Annual Budget Proposal
ITEM 19
ITEM 19
ITEM 19
ATTACHMENT H
ITEM 19