The Maverik station project approved by the Ceres Planning Commission in November and which survived an appeal at the Ceres City Council level in August is now being held up by a lawsuit filed by the competing businessman who lost that appeal.
Diane Kindermann of the Sacramento law firm of Abbott & Kindermann who represents gas station owner Sunny Ghai, owner of the Popeye’s and Union 76 station on the other side of Mitchell Road, is charging the city of inadequate environmental review outlined by the California Environmental Quality Act (CEQA). City planners say her claim is bogus since the Maverik property underwent studies as part the previously approved Ceres Gateway Center and the Mitchell Ranch Shopping Center projects. They suggest the lawsuit – similar to the one that held up the Walmart Supercenter project for over 14 years – is merely an attempt to block a competitor from coming in across the street.
“All they’re doing is tying it up more,” said City Manager Doug Dunford. “I believe we’re going to prevail. It’s just going to take some time and all it does is delay the project which we badly need.”
Dunford said the city is named in the suit but Maverik is obligated to defend the city and cover legal costs.
Acting Planning Director Lea Simvoulakis has believed in the project from the start. She said Maverik is expected to generate $629,000 annually in sales and use tax from the fuel sales, and around $41,000 in sales and use tax from the convenience store transactions. The purchase of construction material within the region will exceed $500,000, Simvoulakis estimates. The project is expected to employ an equivalent of 15 full-time employees.
Dunford said he believes the lawsuit is unfortunate given that Ceres needs more tax revenue. The last budget cycle saw the city cover a $2 million shortfall with reserves.
“That $700,000 a year in sales tax it would bring in would be a boost to us. That $700,000 is like two and a half cops.”
In November the Ceres Planning Commission approved the Maverik project but an appeal filed by Ghai was finally considered and rejected in August in a 4-0 vote. Councilwoman Cerina Otero recused herself due to a conflict of interest.
City officials – including Ceres Police Chief Trenton Johnson – dismissed the opposition’s claims that the project would result in accidents and the crime and prostitution common to overnight truck lots. No overnight parking or showers will be offered such as traditional truck stops. Chief Johnson did talk up the tax revenue that will be siphoned off of Highway 99 and tap into the wallets of truck drivers who use Mitchell Road as a designated trucking route.
Maverik proposes 14 regular vehicle fuel pumps, six commercial truck fuel pumps, truck scales, EV charging stations and an RV dump station.
Dunford worries about the delay affecting Ceres’ ability to spur economic development.
“People see this and it makes it harder for us to make people interested in coming to Ceres if they’re going to catch flak every time they want to put in a business.”
“We need all businesses to make the city more of a destination because all we are is a pass-through.”
Dunford said Maverik has been contemplating the Ceres location right off the Mitchell Road exit of Highway 99 for seven years and concluded “this is the ideal spot for us.”
“We have a ton of trucks already getting off (at Mitchell Road). We’re not causing any additional traffic.”
