Agenda — Ceres City Council, May 12, 2025 (part 2 of 2)

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AGREEMENT BETWEEN THE CITY OF CERES AND
CERES YOUTH BASEBALL, INC.

THIS AGREEMENT is made this day May 12, 2025, between the City of Ceres hereinafter referred to as the (“City”), and CERES YOUTH BASEBALL, INC, hereinafter referred to as (“CYB”) (each a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

WHEREAS, CYB seeks to offer baseball programs in Ceres for the community’s youth, utilizing facilities owned by the City under the terms of this Agreement; WHEREAS, the City agrees to support CYB’s baseball program for the benefit of the community’s youth under the terms of the Agreement;
NOW, THEREFORE, the Parties agree to as follows:

A. RIGHTS AND RESPONSIBILITES OF THE CITY:

That in consideration of CYB offering baseball programs for Ceres youth, the City shall:

1. Designate CYB as the recognized athletic organization responsible for providing and organizing youth baseball recreational programs conducted within Ceres.

2. Provide CYB with priority rights for the use of George Costa Fields January 1st – November 30th which accounts for Reaction, Blaze, and Sizzle tournaments and practices.
a. CYB shall have priority rights for the use of the facilities at Costa Ball Field Complex located at Smyrna Park for its Recreational League and Competitive League tournaments. The “Recreational League” is hereby defined as an intraclub league in which any Ceres youth may participate in sports without being denied the ability to play based on talent. The “Competitive League” is hereby defined as a league where the use of tryouts, invitations, recruiting, or any similar process that rosters players to any team on the basis of talent or ability is used. At least 80% of the players in both recreational and non-recreational play must be Residents of Stanislaus County.
b. CYB shall pay a flat fee to the City of $13,000 to host the tournaments, with $6,500 due by March 1st and the remaining $6,500 due by April 1st.

3. Prior to any field use, CYB must submit a full season schedule to the City by February 1st for Spring and Summer, and by July 1st for Fall.

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4. CYB must provide the City with a list of all Board Members including their names and positions, by January 1st each year.

5. CYB must make available the board meeting schedule, meeting agenda (posted at least 48 hours before the meeting), and meeting minutes available to the public prior to the meeting.

6. CYB must provide the Recreation Manger with the list of authorized key holders, with no more than (10) keys assigned. CYB is responsible for those key holders.

If the keys are lost, CYB must cover the cost of replacing locks and keys, with the City coordinating the replacement.

7. The City will schedule tournaments, games, and practices for organized activities within the Complex after CYB’s Recreational League and Annual Tournaments have concluded. City scheduling will follow CYB’s submission of its schedule.

8. City scheduled events shall take priority over any CYB events, excluding the Recreational League and Annual Tournaments. The City shall grant CYB free use of the field for practices outside of the Recreation League and Annual Tournaments.

9. The City shall be responsible for the maintenance and repair of the main structures within the Complex beyond routine day-to-day provided by CYB.

10. Vehicle use within the Complex requires prior approval from the Manger of Recreation.

11. No City property may be removed from the Complex without prior approval from the Director of Public Works or Recreation Manager.

B. RIGHTS AND RESPONSIBILITES OF CYB
In consideration of the rights granted by the City for the use of the facilities in this Agreement, CYB shall:

1. Submit a schedule for the Recreational League and Annual Tournaments for the Complex by February 1st for Spring/Summer and July 1st for Fall. CYB shall not sublet any ball fields, and no general public scheduling will occur during this Recreational League season or Tournaments.

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2. Provide a list of Authorized CYB agents to the Recreational Department no later than March 15th of each year.

3. Coordinate all concession activities during the Recreational league, Tournaments, and other events scheduled by the City. The Concession Stand will be open during all events.

4. CYB shall be responsible for marketing the Costa ball Field Complex, including all advertisements. Banners shall be four (4) feet in height and either six (6), eight (8), or ten (10) feet in length. Any additional banner sizes must be approved by the Public Works Director.

5. Collection of Revenues:
a. CYB shall retain all gate fees and registration fees during the Recreational League and Tournaments.
b. CYB shall retain all concession revenues.

6. CYB shall be responsible for all field and facility preparation for all scheduled tournaments, games and events at the Costa Ball Field Complex during the Term of this Agreement.

7. CYB shall be responsible for all field preparation at the Costa Ball Field Complex.

In return for the field preparation, the City will provide CYB with the following per year:
a. One (1) pallet of base line chalk
b. One (1) pallet of drying agent

8. CYB shall maintain the Cost Ball Field Complex in a clean and safe manner throughout the entire year. In return, the City shall deliver to CYB with the following per year:
a. Twenty (20) cases of toilet paper
b. Ten (10) cases of toilet seat covers
c. Ten (10) cases of 55-gallon trash bags
d. Two (2) cases of 33-gallon trash bags

9. CYB shall assume all lawn maintenance.
a. CYB is responsible for all irrigation system maintenance. Annually, in January the City shall provide CYB with the following per year:
i. Three (3) cases of sprinklers to CYB

10. CYB shall be responsible for all field conditioning throughout the year.

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11. Field lighting may only be used from dusk until 11:00 p.m., lighting for league play and tournaments is allowed from 6:00 a.m. to 7:30 a.m. for field preparation.

12. CYB will pay the City a player fee based on the number of registered players.

Player fees are assessed per registered player to offset the operation and maintenance cost associated with the Costa Ball Field Complex. The payment is due no later than April 30th of each year. Fees scheduled are as follows:
a. Recreational League: $40.00 per player
b. Blaze Fees: $40.00 per player
c. Sizzle Fees: $ 40.00 per player

13. CYB shall provide the City with complete rosters by March 15th, including all travel teams, all-star, including all rosters of teams outside of the CYB recreational league. This includes platers with hardship/scholarships, whose registration fees are fully or partially paid or waived.

14. CYB shall include youth softball activities as part of its program.

15. CYB shall make every effort to shop locally.

16. CYB shall provide weekly landscaping services for the Costa Fields, including weed eating, edging, and blowing all hard edges, walkways and tree skirts throughout the year.

17. CYB shall provide monthly financial reports including but not limited to: revenue and expenditure reports, concession reports, and board minutes. These reports must be submitted to the Recreation Manager no later than the last day of the month for the prior month’s operations. On a quarterly basis, CYB shall meet with the City to discuss the financial reports, and review past, current and future goals for the facility and CYB.

18. CYB shall pay to all individuals performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.

19. CYB shall cooperate with the City, other affiliated groups, to assist the City in funding the necessary improvements to the baseball facilities utilized by CYB. No new or existing improvements may be constructed by CYB without approval by the City’s Recreational Manger of the City Manager, depending on the facility.

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20. By March 15th of each year, CYB shall provide a copy of the sign-up forms indicating a Release/Waiver of Liability from the parents of all participants in any leagues or tournaments.

21. CYB is solely responsible for obtaining all necessary documentation, approvals and forms required by Environmental Resources when engaging in vendors for any event, program or activity. All approved documents from Environmental Resources must be submitted to the City of Ceres seven (7) days prior to the event.
a. CYB will maintain open and timely communication with the City of Ceres regarding any delays, changes or issues with documentation. b. Copies of all paperwork submitted will be kept on file by CYB and City of Ceres for audit and complicate purposes.

22. CYB shall have exclusive operational control over CYB batting cages and shall be solely responsible for all issues related to their use, maintenance and supervision. CYB shall have the sole expense and required general liability insurance for the CYB batting cages. Proof of such insurance shall be provided to the City and shall be kept current throughout the duration of CYBs use of batting cages.
a. CYB agrees to indemnify, defend and hold harmless the City, its elected officials, officers, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses including reasonable attorney’s fees, arising out of or related to the operation, use or presence of the batting cages, including but not limited to any injuries, accidents or property damage. The City shall bear no responsibilities or liability for such operations.

C. INSURANCE REQUIRMENTS

CYB shall maintain Commercial General Liability coverage, which will protect the City, CYB from all liability for death, injury or property damage arising out of the use of City property. The policy shall name the City as an additional insured by a separate written endorsement and shall cover no less than two million dollars ($2 million) per occurrence for bodily injury and property damage. CYB shall provide proof of workers’ compensation for all employees providing services at City properties.

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D. INDEMNITY
CYB shall indemnify, defend, and hold harmless the City, their officers, officials, volunteers, and employees from all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of any services or activities conducted, including acts of negligence of the City.

CYB’s obligation to defend, indemnify, and hold City, or its agents, officers, volunteers and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirements in the Agreement for CYB to procure and maintain a policy of insurance.

E. RULES AND REGULATIONS

1. CYB shall comply by all Rules of the Costa Ball Field Complex and this Agreement, as adopted by the City Council and may be amended from time to time. Violations of the Rules or this Agreement will result in the following penalties:
1st Violation A written warning advising CYB of the violation 2nd Violation $100 fine
3rd Violation $200.00 fine (and subsequent violations)
4th Violations Termination of the Agreement

2. A violation exists if any, a incident, is reported and verified as a breach of the rules, rates, or other requirements of this Agreement. The violations will be cumulative per calendar year. The City Recreation Manger and or the Public Works Director will determine whether a violation has occurred. • A copy of the Costa Ball Field Complex, Rules Regulations Brochure is attached hereto as Exhibit C.
• A copy of the Recreation Reservation Rates is attached hereto as Exhibit D.

3. The City shall reserve the right to terminate this agreement upon the failure of CYB to perform the obligations required by the Agreement. In the event CYB fails to perform any of its obligations under this Agreement, it shall be given thirty (30)

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days written notice of such failure by the City. If the failure to perform is not rectified within thirty (30) days of the service of said notice, the City may terminate this Agreement.

F. TERMS OF AGREEMENT
The terms of this Agreement shall commence on May 12, 2025, and continue until May 12, 2028. Both Parties agree to meet in good faith prior to the expiration to negotiate a new agreement. Either Party may request to meet and confer on the Agreement at any time, with such requests made in writing.

G. GENERAL PROVISIONS
Modification of Agreement . This Agreement may be supplemented, amended, or modified only by a writing signed by the City and CYB.

Entire Agreement . This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the action and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

Agreement is Voluntary . The Parties acknowledge that they have entered into this Agreement voluntarily, on the basis of their own judgment and without coercion, and not in reliance on any promises, representations, or statements made by the other Party other than those contain ed in this Agreement. This Agreement incorporates the entire understanding of the Parties and recites the sole consideration of the promises and agreements contained within it. The Parties have read this Agreement and are fully aware of its contents and legal effect.

Time of Essence. Time is of the essence for this Agreement, and each section contained within this Agreement is made and declared to be a material, necessary, and essential part of this Agreement.

Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

Authority. 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

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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 this Agreement had been fully complied with. Further, by entering into this Agreement, neithe r 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.

Noninterference. No Party will do anything to interfere with or inhibit the ability of the other to comply with their respective obligations under the terms of this Agreement.

Ambiguities. 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.

Headings. The headings in this Agreement are included for convenience only, and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

Necessary 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. The Parties will act in good faith to carry out the intent of this Agreement.

Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

Venue. Venue for all legal proceedings shall be in the Superior Court of California, in and for the County of Stanislaus.

Attorney’s Fees and Costs . If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections 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.

Waiver. 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.

Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto,

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notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

[SIGNATURE PAGE TO FOLOW]

IN WITNESS WHERE OF, the parties have signed this agreement on the date set forth herein above

Dated: ____________________________ Dated: _______________________________ CITY OF CERES, a municipal corporation Ceres Youth Baseball, Inc.

By: _______________________ By: _________________________ Doug Dunford, City Manager Jorge Guerrero, CYB President 2713 Oasis Avenue
Ceres, CA 95307

APPROVED AS TO FORM:

By: _____________________________
Nubia I. Goldstein, City Attorney

ATTACHMENT C
ITEM 10

COUNCIL AGENDA REPORT

Adopting Revised Resolution No. 2025 -027, Adopting a General Plan Amendment to Repeal the 2015 -2023 Housing Element and Adopting the 2023 -2031 Housing Element of the General Plan in Compliance with State Housing Element Law
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a revised resolution adopting a General Plan Amendment to repeal the 2015 -2023 Housing Element and adopting the 2023 -2031 Housing Element of the General Plan in compliance with State Housing Element Law.

I. BACKGROUND:

On March 25, 2025, the City Council considered and adopted the City’s 6 th Cycle 2023- 2031 Housing Element. On March 26, 2025 staff sent the Council resolutions to the Department of Housing and Community Development (HCD) for final review and acceptance. On April 29, 2025, HCD issued an email noting an error in the resolution that needed to be corrected prior to finding the City’s Housing Element in compliance with State Housing Element law. As such, staff is bringing a revised or clarifying resolution to Council to correct the minor error in order to secure HCD approval of the document.

II. REASONS FOR RECOMMENDATION:

Per Section 65583.2(g)(2) of the California Government Code, when more than 50% of the City’s Regional Housing Needs (RHNA) allocation for lower -income households is planned to be accommodated on nonvacant sites, the Housing Element adoption resolution needs to include findings that existing uses on the non -vacant sites are not impediments to residential development during the planning period and that the sites are likely to be discontinued during the planning period (the years of 2023-2031). An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.

ITEM 11
As such, staff has added the following findings to the Resolution to be in compliance with Government Code Section 65583.2(g)(2).

1. Ceres is a growing city that relies on annexation for substantial growth; however, it has a number of infill sites that are developed with existing uses that can be developed at higher densities, are suitable for lower -income housing, and are proximate to services and public transportation. Approximately 86 percent of the lower-income capacity identified in the Housing Element is associated with sites meeting HCD’s definition of “non-vacant.”

2. Based on substantial evidence, the City has found that existing uses on the non - vacant sites listed in the Site Inventory are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development during the planning period. Appendix C of the Housing Element demonstrates substantial evidence including, but not limited to the following:

a. The City has created incentives for higher-density residential uses on non- vacant sites. This includes but is not limited to a 50 percent reduction in planning permit entitlement fees for affordable housing projects with deed - restricted units, allowing the deferral of impact fee payments until the issuance of a Certificate of Occupancy, and expedited planning review and approval for affordable housing projects. These incentives are established in Program 1.15 in Chapter 2 of the Housing Element.

b. The City has established Program 1.10 to monitor development of the West Landing Specific Plan area as the Site Inventory relies on the development of 72 percent of its lower-income capacity to meet the lower-income RHNA in the Specific Plan area.

c. The City has established Program 1.12 to monitor the development of the Whitmore Ranch Specific Plan area as the Site Inventory relies on the development of 11 percent of its lower -income capacity to meet the lower - income RHNA in the Specific Plan area.

d. The City’s non -vacant sites are presently zoned for residential uses. For most non-vacant sites included in the Site Inventory, existing uses occupy only a fraction of the parcel, leaving the majority of the land underutilized.

To address the probability that these existing uses may not cease, realistic capacity assumptions have been adjusted to assess developable land of each non-vacant site. In cases where there is adequate underutilized land, the realistic capacity analysis provides scenarios for both total and adjusted use of the parcel, assuming the existing uses persist.

e. The City has included a discussion in Appendix C of the Housing Element stating the rationale for each non -vacant site that is included in the Site Inventory, hereby incorporated by reference.

With the addition of these findings to the Adoption Resolution, staff believes the Housing Element Resolution is now in conformance with State Housing Element law.

ITEM 11
III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This staff report was coordinated with the City Attorney’s Office, the California Department of Housing and Community Development, and the City’s Housing Element consultant.

VII. PUBLIC PARTICIPATION:

All necessary public participation requirements were met for the Housing Element. Per HCD’s direction, the attached revised resolution is not subject to AB 215 noticing requirements for changes to the Housing Element. As such, no additional out reach was done to address the minor revisions to the adopting resolution.

VIII. ENVIRONMENTAL REVIEW:

The City prepared the necessary environmental review, consistent with the California Environmental Quality Act (CEQA), for the Draft 2023 –2031 Housing Element Update.

The City Council considered and adopted the Initial Study consistent with CEQA, for the Draft 2023 – 2031 Housing Element Update (Resolution 202 5-026). The minor clarifications to the resolution fall within this document and no additional environmental review is needed.

IX. STEPS FOLLOWING APPROVAL:

The revised Resolution will be sent to HCD for review so that HCD will be able to find the City’s Housing Element in compliance with Government Code Section 65583.2(g)(2).

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Revised Resolution 2025-027 (Redline Version)

2. Attachment B – Revised Resolution 2025-027 (Clean Version) ITEM 11
ITEM 11

ATTACHMENT A

RESOLUTION NO. 2025-027

ADOPTING A REVISED RESOLUTION ADOPTING A GENERAL PLAN
AMENDMENT TO REPEAL THE 2015-2023 HOUSING ELEMENT AND ADOPTING THE 2023-2031 HOUSING ELEMENT OF THE GENERAL PLAN IN COMPLIANCE

WITH STATE HOUSING ELEMENT LAW

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Government Code Section 65589.5.); and

WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low -income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, exce ssive commuting, and air quality deterioration” (Government Code Section 65589.5.); and

WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita…California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and

WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City of Ceres City Council adopt a Housing Element for the eight- year period 2023 -2031 to accommodate the City of Ceres’ regional housing need allocation (RHNA) of 3,361 housing units, comprised of 706 very low-income units, 489 low-income units, 661 moderate-income units, and 1,505 above moderate-income units; and

WHEREAS, to comply with State Housing Element Law, the City of Ceres has prepared the 6th Cycle 2023 -2031 Housing Element in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City’s RHNA; and

WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and

WHEREAS, as provided in Government Code sections 65352 – 65352.5 the City of Ceres mailed a public notice to California Native American tribes provided by the Native American Heritage Commission and to other entities listed; and

ITEM 11

WHEREAS, none of the California Native American Tribes requested consultation after being provided with information, including documents, website resources, and notification of public meetings; and

WHEREAS, the preparation, adoption, and implementation of the Housing Element requires a diligent effort to include all economic segments of the community; and

WHEREAS, the City of Ceres conducted community outreach over the last 12 months including, one City Council meeting; an online stakeholder survey; distribution of property owner forms with housing element information; and one City Council adoption hearing; and

WHEREAS, in accordance with Government Code Section 65585 (b), on July 17, 2023 the City of Ceres posted the draft Housing Element and requested public comment for a 30-day review period from July 17 to August 21, 2023; and

WHEREAS, on September 15, 2023, after responding to public comments, the City of Ceres submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and

WHEREAS, on December 14, 2023, the City of Ceres received a letter from HCD providing its findings regarding the draft Housing Element; and

WHEREAS, on June 21, 2024, the City of Ceres posted a revised draft Housing Element responding to HCD’s comments and findings for a 7 -day public review and comment period from June 21 to June 28, 2024; and

WHEREAS, on July 1, 2024 , after responding to public comments, the City of Ceres re-submitted the draft Housing Element to the HCD for its review; and

WHEREAS, on August 20, 2024 , the City of Ceres received a letter from HCD providing its findings regarding the draft Housing Element; and

WHEREAS, on January 10, 2025, the City of Ceres posted a revised draft Housing Element responding to HCD’s findings for a 7-day public review and comment period from January 10 to January 17, 2025; and

WHEREAS, on January 22, 2025, after responding to public comments, the City of Ceres re-submitted the draft Housing Element to the HCD for its review; and

WHEREAS, on February 3, 2025, the City of Ceres received a letter from HCD stating that the draft Housing Element is in substantial compliance with State Housing Element Law, and will comply with State Housing Element Law when it is adopted; and

are not impediments to residential development during the planning period. HCD has defined non-vacant sites very broadly, including parking lots, utility yards, and sites with vacant buildings. An existing use shall be presumed to impede additional residen tial development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period. The City has made such findings. b. Ceres is a growing city that relies on annexation for substantial growth; however, it has a number of infill sites that are developed with existing uses that can be developed at higher densities, are suitable for lower-income housing, and are proximate to services and public transportation. Approximately 86 percent of the lower -income capacity identified in the Housing Element is associated with sites meeting HCD’s definition of “non-vacant.”
c. Based on substantial evidence, the City has found that existing uses on the non-vacant sites listed in the Site Inventory are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development during the planning period. Appendix C of the Housing Element demonstrates substantial evidence including, but not limited to the following:
i. The City has created incentives for higher -density residential uses on non - vacant sites. This includes but is not limited to a 50 percent reduction in planning permit entitlement fees for affordable housing projects with deed -restricted units, allowing the deferral of impact fee payments until the issuance of a Certificate of Occupancy, and expedited planning review and approval for affordable housing pr ojects. These incentives are established in Program 1.15 in Chapter 2 of the Housing Element. ii. The City has established Program 1.10 to monitor development of the West Landing Specific Plan area as the Site Inventory relies on the development of 72 percent of its lower-income capacity to meet the lower-income RHNA in the Specific Plan area. iii. The City has established Program 1.12 to monitor the development of the Whitmore Ranch Specific Plan area as the Site Inventory relies on the development of 11 percent of its lower-income capacity to meet the lower-income RHNA in the Specific Plan area.
iv. The City’s non-vacant sites are presently zoned for residential uses. For most non-vacant sites included in the Site Inventory, existing uses occupy only a fraction of the parcel, leaving the majority of the land underutilized. To address the probability that these existing uses may not cease, realistic capacity assumptions have been adjusted to assess developable land of each non -vacant site. In cases where there is adequate underutilized land, the realistic capacity analysis provides scenarios for bot h total and adjusted use of the parcel, assuming the existing uses persist. v. The City has included a discussion in Appendix C of the Housing Element stating the rationale for each non-vacant site that is included in the Site Inventory, hereby incorporated by reference; and

WHEREAS, the City completed an Initial Study consistent with CEQA (California Public Resources Code §§ 21000, et seq., ) and State Guidelines (14 California Code Regulations §§ 15000, et seq., the “CEQA Guidelines”); and

maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report, and all attachments, and oral and written public comments; and

WHEREAS, on March 24, 2025 , the City Council held a duly noticed public hearing to receive public testimony regarding the 6th cycle 2023-2031 Housing Element update and Initial Study, including, without limitation, the information provided to the Planning Commission by City staff and through public testimony; and

WHEREAS, this Resolution and its findings are made based upon the evidence presented to the Council at the hearing, including, without limitation, the staff report and attachments submitted by the Community Development Department; and

WHEREAS, the City Council did hear and consider all said reports, attachments, recommendations, and testimony herein above set forth and used their independent judgment to evaluate the project; and

WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

NOW, THEREFORE, BE IT R ESOLVED as required by Gov ernment Code Section 65585, the City Council has considered the findings made by the Department of Housing and Community Development (HCD) included in HCD’s letter to Ceres dated February 3, 2025. The Housing Element now substantially complies with all requirements of State Housing Elem ent Law as interpreted b y HCD. The Community Development Director is authorized to make any non-substantive changes to the Housing Element that may be required by HCD to achieve certification of that may be necessary to ensure internal consistency with other planning documents. Tthat the City Council of the City of Ceres does hereby adopt a revised resolution adopting a General Plan amendment to repeal the 2015-2023 Housing Element and adopt s the 2023-2031 Housing Element of the General Plan in compliance with State Housing Element Law.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 24th 12th day of March May 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 11

ATTACHMENT B
RESOLUTION NO. 2025-027
ADOPTING REVISED RESOLUTION NO. 2025-027, ADOPTING A GENERAL PLAN AMENDMENT TO REPEAL THE 2015-2023 HOUSING ELEMENT AND ADOPTING THE 2023-2031 HOUSING ELEMENT OF THE GENERAL PLAN IN

COMPLIANCE WITH STATE HOUSING ELEMENT LAW

THE CITY COUNCIL
City of Ceres, California
WHEREAS, the California Legislature has found that "California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state's environmental and climate objectives" (Government Code Section 65589.5.); and WHEREAS, the Legislature has further found that "Among the consequences of those actions are discrimination against low -income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration" (Government Code Section 65589.5.); and
WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that "In 2018, California ranked 49th out of the 50 states in housi ng units per capita... California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;" and
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City of Ceres City Council adopt a Housing Element for the eight year period 2023 -2031 to accommodate the City of Ceres' regional housing need allocation (RHNA) of 3,361 housing units, comprised of 706 very low-income units, 489 low-income units, 661 moderate-income units, and 1,505 above moderate-income units; and
WHEREAS, to comply with State Housing Element Law, the City of Ceres has prepared the 6th Cycle 2023 -2031 Housing Element in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City's RHNA; and
WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and WHEREAS, as provided in Government Code sections 65352 - 65352.5 the City of Ceres mailed a public notice to California Native American tribes provided by the Native American Heritage Commission and to other entities listed; and WHEREAS, none of the California Native American Tribes requested consultation after being provided with information, including documents, website resources, and notification of public meetings; and
ITEM 11
Resolution 2025-027; Page 2 of 4

ATTACHMENT B

WHEREAS, the preparation, adoption, and implementation of the Housing Element requires a diligent effort to include all economic segments of the community; and

WHEREAS, on December 14, 2023, the City of Ceres received a letter from HCD providing its findings regarding the draft Housing Element; and

WHEREAS, on June 21, 2024, the City of Ceres posted a revised draft Housing Element responding to HCD's comments and findings for a 7-day public review and comment period from June 21 to June 28, 2024; and

WHEREAS, on July 1, 2024, after responding to public comments, the City of Ceres re-submitted the draft Housing Element to the HCD for its review; and

WHEREAS, on August 20, 2024, the City of Ceres received a letter from HCD providing its findings regarding the draft Housing Element; and

WHEREAS, on January 10, 2025, the City of Ceres posted a revised draft Housing Element responding to HCD's findings for a 7-day public review and comment period from January 10 to January 17, 2025; and

WHEREAS, on January 22, 2025, after responding to public comments, the City of Ceres re-submitted the draft Housing Element to the HCD for its review; and

WHEREAS, The City Council makes the following specific findings for non-vacant sites, as required by State law.
a. Section 65583.2(g)(2) of the California Government Code requires any jurisdiction relying on non -vacant sites to meet more than 50 percent of the RHNA for lower-income households to make findings that the existing uses on the non-vacant sites are not imped iments to residential development during the planning period. HCD has defined non-vacant sites very broadly, including parking lots, utility yards, and sites with vacant buildings. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period. The City has made such findings.

ITEM 11
Resolution 2025-027; Page 3 of 4

ATTACHMENT B

b. Ceres is a growing city that relies on annexation for substantial growth; however, it has a number of infill sites that are developed with existing uses that can be developed at higher densities, are suitable for lower-income housing, and are proximate to services and public transportation. Approximately 86 percent of the lower -income capacity identified in th e Housing Element is associated with sites meeting HCD’s definition of “non-vacant.”
c. Based on substantial evidence, the City has found that existing uses on the non- vacant sites listed in the Site Inventory are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development during the planning period. Appendix C of the Housing Element demonstrates substantial evidence including, but not limited to the following:
i. The City has created incentives for higher-density residential uses on non-vacant sites. This includes but is not limited to a 50 percent reduction in planning permit entitlement fees for affordable housing projects with deed -restricted units, allowing the deferral of impact fee payments until the issuance of a Certificate of Occupancy, and expedited planning review and approval for affordable housing projects. These incentives are established in Program 1.15 in Chapter 2 of the Housing Element. ii. The City has established Program 1.10 to monitor development of the West Landing Specific Plan area as the Site Inventory relies on the development of 72 percent of its lower-income capacity to meet the lower-income RHNA in the Specific Plan area. iii. The City has established Program 1.12 to monitor the development of the Whitmore Ranch Specific Plan area as the Site Inventory relies on the development of 11 percent of its lower -income capacity to meet the lower-income RHNA in the Specific Plan area.
iv. The City’s non-vacant sites are presently zoned for residential uses. For most non-vacant sites included in the Site Inventory, existing uses occupy only a fraction of the parcel, leaving the majority of the land underutilized. To address the probability that these existing uses may not cease, realistic capacity assumptions have been adjusted to assess developable land of each non -vacant site. In cases where there is adequate underutilized land, the realistic capacity analysis p rovides scenarios for both total and adjusted use of the parcel, assuming the existing uses persist. v. The City has included a discussion in Appendix C of the Housing Element stating the rationale for each non-vacant site that is included in the Site Inventory, hereby incorporated by reference; and

WHEREAS, the City completed an Initial Study consistent with CEQA (California Public Resources Code §§ 21000, et seq.,) and State Guidelines (14 California Code Regulations§§ 15000, et seq., the "CEQA Guidelines"); and

WHEREAS, on March 17, 2025, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and considered a Resolution regarding the proposed Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD's findings, the City's response to HCD's findings, the staff report, and all attachments, and oral and written public comments; and ITEM 11
Resolution 2025-027; Page 4 of 4

ATTACHMENT B

WHEREAS, on March 24, 2025, the City Council held a duly noticed public hearing to receive public testimony regarding the 6th cycle 2023-2031 Housing Element update and Initial Study, including, without limitation, the information provided to the Planning Commission by City staff and through public testimony; and

WHEREAS, the City Council did hear and consider all said reports, attachments, recommendations, and testimony herein above set forth and used their independent judgment to evaluate the project; and

WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED as required by Government Code Section 65585, the City Council has considered the findings made by the Department of Housing and Community Development (HCD) included in HCD’s letter to Ceres dated February 3, 2025. The Housing Element now substantially com plies with all requirements of State Housing Element Law as interpreted by HCD. The Community Development Director is authorized to make any non -substantive changes to the Housing Element that may be required by HCD to achiev e certification or that may be necessary to ensure internal consistency with other planning documents. The City Council of the City of Ceres does hereby adopt a revised resolution adopting a General Plan amendment to repeal the 2015- 2023 Housing Element and adopts the 2023-2031 Housing Element of the General Plan in compliance with State Housing Element Law.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of May 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Javier Lopez, Mayor
ATTEST:

Fallon Martin, City Clerk
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 12, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected], (209) 538-5751
SUBJECT: Resolution No. 202 5-XXX, Approving a Budget Amendment to Allocate Additional Funds from General Fund Reserves for Legal Services for the Remainder of Fiscal Year 2025
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a budget amendment to allocate additional funds for legal services to ensure sufficient coverage through the remainder of Fiscal Year 2025.

I. BACKGROUND:

In the adopted Fiscal Year 2025 budget, the City allocated $219,825 for legal services based on anticipated needs at the time. However, actual expenditures have exceeded projections, and the original budgeted amount is no longer sufficient to cover legal costs for the remainder of the fiscal year.

II. REASONS FOR RECOMMENDATION:

Staff is requesting a budget amendment to appropriate additional funds from the General Fund to ensure continued access to legal services through the end of FY 2025 and pay outstanding invoices.

III. FISCAL IMPACTS:

Approval of this item will increase appropriations in the FY 2025 General Fund budget by $200,000 in 10060.020900. Additional appropriations are necessary to pay outstanding legal service invoices and to fund anticipated legal expenses through the remainder of the fiscal year. Funding for legal services will be drawn from General Fund reserves to cover this increase.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
ITEM 13
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval from City Council, Finance Department will move forward with the budget amendment and pay outstanding invoices.

Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment
ITEM 13

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A BUDGET AMENDMENT TO ALLOCATE ADDITIONAL

FUNDS FROM GENERAL FUND RESERVES FOR LEGAL SERVICES
FOR THE REMAINDER OF FISCAL YEAR 2025

THE CITY COUNCIL
City of Ceres
WHEREAS, the Fiscal Year 2025 Adopted Budget included an appropriations for legal services based on projected need at the time; and WHEREAS, actual legal expenses have exceed the original budgeted amount; and WHEREAS, the are outstanding invoices for legal services and anticipated cost that must covered through the remainder of fiscal year 2025; and WHEREAS, staff recommends increasing the General Fund appropriation by $200,000 through a budget amendment using General Fund reserves to account 10060.020900 to ensure adequate funding for legal services and to cover all outstanding obligations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a budget amendment to allocate additional funds from General Fund Reserves for legal services for the remainder of fiscal year 2025.

BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of May 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 13
ITEM 13
Budget Amendment No.

Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:

Appropriations:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenues:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:

ITEM 13

ATTACHMENT B
ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 12, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Measure “H” Citizens’ Oversight Committee Appointment Process RECOMMENDED COUNCIL ACTION:

Staff recommends City Council provide direction on the appointment process they would like to follow for the upcoming Measure “H” Citizens’ Oversight Committee vacancies.

I. BACKGROUND:

The Measure “H” Citizens’ Oversight Committee will have three vacancies, effective July 1, 2025. A notice of vacancies was published in the Ceres Courier on April 2, 2025, and again on April 16, 2025. Applications were posted on the City’s website and were also advertised many times on various department’s social media pages. The final filing date to apply was Wednesday, April 30, 2025. However, only two applications were submitted.

Staff elected to extend the application process another 30 days and it will now expire May 29, 2025, at 4:30 p.m.

Per Ceres Municipal Code (CMC) 3.03.160(B) it states, “ Members of the Citizens’ Oversight Committee shall be appointed by the City Council. Additionally, CMC

3.03.160(B)(2) states, “ All applications will be reviewed by the City Council, which will have the authority to make all final decisions on Committee representation, subject to these guidelines.”
At the April 28, 2025, City Council meeting, Council approved to update the Council Rules and Procedures handbook to include options on how to conduct committee appointments.

Council has the option to conduct open meeting interviews or to appoint a sub-committee consisting of two members of the council . Per the Council Rules and Procedures handbook, the interview process will look like the following:

ITEM 14
A. Open Meeting Interview Process

1. Interview questions will be included on the application for each board, commission, and committee. City Council will receive all applications and questions as part of the agenda packet.

2. At the City Council meeting the appointment is agendized for, the applicants may attend in -person or via Zoom and provide a brief introduction and interest statement.

3. City Council may not ask the applicants additional questions and shall make a selection based on the applicant's application, answers to the questions, their introduction, and interest statement.

B. Create a Sub-Committee to Conduct Interviews

1. A sub-committee will be formed consisting of two members of the Council.

The sub-committee will conduct interviews, which will occur prior to the start of a City Council meeting.

2. Following the interviews, the sub -committee w ill bring back a recommendation to the City Council for consideration at a City Council meeting.

II. REASONS FOR RECOMMENDATION:

The Ceres Municipal Code specifies the members of the Measure “H” Citizens’ Oversight Committee shall be appointed by the City Council.

III. FISCAL IMPACTS:

N/A
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:

Depending on which appointment process the Council selects, staff will move forward with logistics and scheduling.

ITEM 14
Approved by: _____________________
Douglas D. Dunford,
City Manager
ITEM 14
ITEM 14

Ceres City CouncilMay 12, 2025

Ceres City Council
May 12, 2025