Agenda — Ceres City Council, January 10, 2022

AGE
NDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
Ci
ty Council Chambers, 2701 Fourth Street
Monday, January 10, 2022 – 6:00 p.m.

Mai
ling Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
May
or Lopez

ROLL CALL
May
or: Lopez
Vice Mayor: Silveira
Council Members Casey, Kline, Ryno

INVOCATION/MOMENT OF SILENCE
Inv
ocation by Pastor Chris Henry and a moment of silence in remembrance of Rev. Adrian Condit.

NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA

GOVERNMENT
CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 2021-121, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT. WHILE THIS MEETING WILL BE

PHYSICALLY OPEN

TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING
THE THREAT OF COVID -19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE APPLICATION, ZOOM.

P
lease click the link below to joi n the w ebinar:
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REMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY E
MAILING THE CITY CLERK AT [email protected] BY 5:00 PM THE DAY OF THE M
EETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE S
UBJECT LINE OF THE EMAIL . THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR

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

AMENDED
City Council Agenda
2 PLEDGE OF ALLEGIANCE
Pledge of A
llegiance led by Mayor Lopez

PRESENTATIONS
A. Animal
Services' Annual Report (Stanislaus County)
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

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

APPOINTMENTS TO BOARDS/COMMISSIONS
B. Confi
rmation of the 2022 Mayoral Appointments of Council Members to boards, commissions, and committees.

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Council Member or public for special consideration.

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The amended agenda of the January 10, 2022 City Council meeting was posted on January 7, 2022. (Nayares-Perez)

2. Waive Readings. All Readings of Ordinances and r esolutions are waived. ( Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (Nayares-Perez)

3. Approval of Minutes (Nayares-Perez)
a. Minutes of October 25, 2021 and November 8, 2021 Regular City Council meetings.

4. Register of Audited Demands for Period covering December 8, 2021 through December 28, 2021. (Dias)

5. General Correspondence – Information Only
a. Public Works monthly report for November 2021. (Royal) b. Redevelopment & Economic Development Monthly Report for December. (Hallam)
City Council Agenda
3 6. Resolution No. 202 2-01, continuing the t eleconference of Public Meetings Pursuant to Assembly Bill 361 allowing the City to continue a Hybrid Virtual Meeting Environment. (City Attorney)

7. Set publ
ic hearing date of February 14, 2022, for the City Council to consider a proposal for a Rezoning of the property located at the northeast corner of East Hatch Road and Golf Links Drive to modify the existing “MX -2, Mixed Use – 2" zoning designation t o a “CC, Community Commercial” zoning designation within the Mitchell Road Corridor Specific Plan, and to consider an appeal of the Planning Commission’s decision approving a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement involving the subdivision of a 2.16- acre commercial zoned site into three parcels with a new commercial building proposed for each parcel. (Hoem)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

PUBLIC HEARING

8. Second R
edistricting Public Hearing. (City Attorney/City Clerk)

NEW BUSINESS

DISCUSSION ITEMS

COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2 - City Council Meetings, J -8.

City Council Referrals/Determination of Items for Agenda.)

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities. • Mayor
• City
Council
• City Manager
• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

1. CONFERENCE W

ITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
City Negotiator: City Manager
Employee Organization: Department Heads (unrepresented) Hearing Time 7:00 pm
City Council Agenda
4 REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on January 24, 202 2 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

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

Relat
ed Materials: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2720 Second Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538-5731.

Not
ice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II)

AFFIDAVIT OF POSTING
I , Diane Nayares-P erez, City Clerk, for the City of Ceres, declare under penalty of perjury that the f oregoing agenda for the Regular City Council Meeting was pos ted on Jan 7, 2022, at 3:00 p.m at the following location in Ceres:
• Community Center Display Case - 2701 Fourth Street
______________________________________
Diane Nayares-Perez
City Clerk

OUNCIL AGENDA REPORT
MEETING DATE: January 10, 2022
T
O: Mayor and City Council
F
ROM: Alex Terrazas, Interim City Manager
CO
NTACT: Diane Nayares-Perez, CMC, City Clerk
di
[email protected], (209) 538-5731
S
UBJECT: Confirmation of the 2022 Mayoral Appointments of Council Members to boards, commissions, and committees.

RECOMMENDED COUNCIL ACTION:

C
ouncil concurrence of the 2022 Mayoral Appointments o f Council Memb ers to boards, commissions, and committees.

I. BACKGROUND:

E
ach year, the Mayor makes his recommendations for appointment to various boards, commissions, and committees. The Mayor has made his initial list for committee assignments and wil l lead t he discussion regarding the preferences in terms of assignments. The final list will then be subject to ratification by the Council. The list of the 2022 Committee Assignments is attached.

II. REASONS FOR RECOMMENDATION:

Cit
y Council Rules and Pr ocedures and G overnment Code Section 40605 state that the Mayor shall make all appointments to boards, commissions, and committees. The Council then must ratify, at a public meeting, the Mayor’s appointments.

III. FISCAL IMPACTS:

T
here are no fiscal impacts associated with the appointments.

CITY COUNCIL
J
avier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 M ike Kline, Dist. 4
ITEM B
IV. STEPS FOLLOWING APPROVAL:

Upon Council approval, the list will be finalized by the City Clerk and sent to the appropriate agencies.

Approved by: __________________________________
Alex Terrazas, City Manager

Attachments: 2022 Committee Assignments
ITEM B
2022

CITY COUNCIL COMMITTEE APPOINTMENTS
The Mayor appoints, with the concurrence of Council, representatives to the following intergovernmental and City boards upon which an elected official of Ceres is required or desired:

COMMITTEE JAN 2021

APPOINTMENTS
JAN 2022 Mayor’s
Recommendations
1 Opportunity
Stanislaus, formerly
the Alliance
Mayor Lopez Mayor Lopez
2 Ceres Partnership for
Healthy Children
Ryno Ryno
3 Former Ceres
Redevelopment
Agency City Council
Successor Agency
City Council City Council
4 Christmas Festival
Committee
Mayor Lopez Mayor Lopez
5 City-Schools
Committee
Mayor Lopez
Silveira
Mayor Lopez
Silveira
6 Concerts in the Park
Committee
Mayor Lopez Mayor Lopez
Silveira
7 County-City Selection
Committee (Mayors)
Mayor Lopez Mayor Lopez
8 East Stanislaus
Integrated Regional
Water Management
Program (ESIRWSP)
Silveira
Condit
Silveira
Kline
9 Executive Committee,
Central Valley
Division, League of
California Cities
Mayor Lopez Mayor Lopez
10 Economic
Development
Committee
Mayor Lopez Mayor Lopez
11 Local Emergency
Planning Committee
Mayor Lopez
Condit
Mayor Lopez
Silveira
12 Stanislaus Elder
Abuse Prevention
Alliance (SEAPA)
Ryno Ryno
13 StanCOG Policy Board Mayor Lopez
Condit (Alternate)
Mayor Lopez
Silveira (Alternate)
14 Former Stanislaus-
Ceres Redevelopment
Commission
Successor Agency
City Council City Council
15 Surface Water Joint
Powers Authority
Board (SRWA)
Mayor Lopez
Condit
Ryno (Alternate)
Mayor Lopez
Silveira
___ (Alternate)
ITEM B
16 Tuolumne River
Regional Park
Committee
Mayor Lopez Mayor Lopez
17 Whitmore House
Preservation
Committee
Mayor Lopez Mayor Lopez
18 Youth Commission Silveira Silveira
19 West Turlock
Subbasin
Groundwater
Sustainability Agency
(JPA)
Mayor Lopez
Silveira
Kline
Silveira
20 Stanislaus Homeless
Alliance
Mayor Lopez Kline
21 Fire Advisory Committee
(Contract for Service)
Mayor Lopez
Silveira

Approved by Council ______________
ITEM B
M
INUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
C
ity Council Chambers, 2701 Fourth Street
Monday, October 25, 2021 – 6:00 p.m.

M
ailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
Ma
yor Lopez called the October 25, 2021 Regular City Council meeting to order.

ROLL CALL
Ma
yor: Lopez
Vice Mayor: Vacant
Council Members Casey, Ryno, Silveira

INVOCATION
I
nvocation was given by Pete Kirchhoff, Youth for Christ Central Valley

PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez

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

City Council meeting was conducted this meeting in accordance with California Governor Newsom’s Executive Orders N-20-20 and N-35-20 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.

ITEM 3

Mayor Lopez asked if anyone from the public had any comments and the following citizens spoke:

Lee Brandt commented that he was currently outside of California and was glad he could attend the council meeting from his location.

John Osgood commented on an article he read in the Modesto Bee advising that the Modesto Fire Department wants to start charging our insurance companies for services rendered. He believes this will cause insurance rates to go up in Ceres. He is unaware of who to speak to regarding this issue at the City of Modesto and would like to know who he can talk to regarding this situation.

Gene Yeakley commented that he emailed a council member inquiring why the Ceres Police Department does not answer calls for illegal vendors anymore. He advised that in the past police had answered those calls too, but now it is only a code enforcem ent call.

He inquired if issues need to be put on an agenda to get an answer.

John Warren commented on the Modesto Fire Department planning to charge for the calls that they respond to. He inquired if Ceres residents were going to be charged for those calls as well. He d oes not think it is proper to burden insurance companies with new charges.

John Osgood commented that the new business section on the agenda would be a good place to address how citizens can have a topic added to the agenda.

Brian Petersen, P resident of the Ceres Police Officers Association thanked council members for approving the Police Officer Association contract that was much overdue. He expressed appreciation for the direction that they gave to approve it. He advised that it allowed them to retain a current K-9 handler and to hire another officer.

Ray Smith asked that the Morgan Road improvement project be placed on the next agenda for discussion. He would like safety issues, extra calls to service and other concerns with this project discussed. He further commented that two of his neighbors did not know about the project and the City should have reached out to property owners sooner. He has lived there for over 30 years and this project is taking 30 feet from his property and putting the road very close.

VICE MAYOR SELECTION

A. Appointment of the Vice Mayor.
• To fill the vacant vice mayor seat

Mayor Lopez recommended Council Member Silveira for Vice Mayor.

Council Member Silveira said he would gladly accept.

MOTION: Motion by Mayor Lopez , seconded by Council Member Silveira , to appoint Council Member Silveira to Vice Mayor. 3/1 /0 Motion passes see below by the following roll call vote:

ITEM 3

AYES: 3 Council Members: Casey, Silveira, Mayor Lopez
NOES: 1 Council Members: Ryno
ABSENT: 0 Council Members: None

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

None

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the October 25, 2021 City Council meeting was posted on Wednesday, October 20, 2021. (Nayares-Perez)

2. Waive Readings. All Readings of Ordinances and resolutions are waived. (Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (Nayares-Perez)

3. Approval of Minutes (Nayares-Perez)
a. Minutes of August 23, 2021 Regular City Council meeting.

(Removed from Consent/John Osgood)

4. Register of Audited Demands for Period covering October 6, 2021 through October 13, 2021. (Dias)

5. General Correspondence – Information Only
a. Public Works monthly report for September 2021. (Damas) b. Surface Water Integration Project Scope of Work by Water Quality Treatment Solutions. (Damas)
c. Redevelopment & Economic Development Department Monthly Report – August and September (Hallam)

(Removed from Consent/Council Member Ryno)

6. Resolution No. 202 1-108, a uthorizing the application and accept ance of an Assistance to Firefighters Grant (AFG) for the purchase of protective equipment and related supplies to prepare for, and respond to COVID19. (Ernst)

7. Resolution No. 2021-109, approving an Agreement for Professional Consultant Services with Marjorie Blom. (Hoem)

ITEM 3
(Removed from Consent/Council Member Ryno)

8. Resolution No. 2021-110, Ratifying the Memorandum of Understanding between the City of Ceres and the First Line Supervisor Group. (Roland)

(Removed from Consent/Council Member Ryno)

9. Resolution No. 2021-111, Ratifying the Memorandum of Understanding between the City of Ceres and Ceres Police Officers’ Association. (Roland)

Mayor Lopez asked if any Council Member or citizen would like an item pulled from the Consent Calendar and be heard under separate motion. Items 4, 6, 8 and 9 were removed from Consent.

Mayor Lopez asked if anyone from the Public had any comments. There being no comments, Mayor Lopez brought the item back to Council for direction.

MOTION: Motion by Vice Mayor Silveira , seconded by Council Member Ryno , to approve Consent items 1-3, 5 and 7. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 4/John Osgood, Ceres Resident
John Osgood commented that there was a lot of conference or per diem spending. He asked that they tighten the belt on bi-weekly spending.

MOTION: Motion by Vice Mayor Silveira, seconded by Council Member Ryno , approving Item 4. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

Item 6/Council Member Ryno
Council Member Ryno commented that when we submitted for this grant in 2020 the City of Ceres still had fire fighters. The fire fighters are now employees of Modesto and in the contract with Modesto all PPE that we had in our possession would go to Modesto Fire.

Council Member Ryno questioned how we can accept the grant for fire PPE if we do not have Ceres firefighters.

Vice Mayor Silveira commented that he reads it as the City receiving equipment and the equipment would stay in Ceres.

Council Member Casey advised that they are being asked to vote on something that has already happened. He commented that since the money has already been spent the City has an obligation to pay it back.

ITEM 3
Battalion Chief Richard Scola advised that the application was entered into in June 2020.

The Keyes Fire Department hosted the regional grant and fronted the matching 5% funds of the total grant for the region then individually invoiced the cities. Upon arrival of the new Keyes Fire Chief an audit was completed, and the City of Ceres was invoiced. He commented that the equipment is in Ceres, at the fire station and is being used. He added the City of Ceres has an obligation to pay Keyes Fire Department back.

Modesto Fire Chief Ernst advised that the grant was regional and it was hosted by Keyes Fire Department. He commented that was done in 2020 prior to the contract with the City of Modesto and the City of Modesto as a fire department was not involved with the Ceres portion of the grant. However, once they did have the contract and the accounting came from the Keyes Fire Department, they want to correct it and make sure the bill is paid. He further commented that it is standard for one agency to take the lead on the process.

Mayor Lopez asked if anyone from the Public had any comments and the following citizens spoke:

John Osgood believes that the grant should not have been filed for. He understands that it was filed in 2020 and we now owe Keyes money.

John Warren inquired again on who applied for the grant and commented that another fire district should not be able to apply for something and then ask us to pay the bill.

Modesto Fire Chief Ernst advised that the City of Ceres did in essence apply for the grant by signing on as a participant.

John Warren inquired on who applied for the grant. He questioned if it was the City of Ceres or if it was a district thing shared by different fire departments.

There being no further comments, Mayor Lopez brought the item back to Council for direction.

MOTION: Motion by Vice Mayor Silveira, seconded by Mayor Lopez, approving Item 6, Resolution 2021-108. 3/1/0 Motion passes see below by the following roll call vote:

AYES: 3 Council Members: Casey, Silveira, Mayor Lopez
NOES: 1 Council Members: Ryno
ABSENT: 0 Council Members: None

Item 8/Council Member Ryno
Council Member Ryno commented that the first line on the staff report implies that the MOU is effective July 1st, however she does not recall any discussion about retro activity.

Theresa Roland, Human Resource Director advised that retro activity is not part of the contract. Raises are effective the first full pay period following ratification.

MOTION: Motion by Vice Mayor Silveira, seconded by Council Member Ryno, approving Item 8, Resolution 2021- 110. 4/0/0 Motion passes see below by the following roll call vote:

ITEM 3
AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

Item 9/Council Member Ryno
Council Member Ryno advised she had the same retro question as with the First Line Supervisors’ Contract.

Human Resource Roland confirmed they will not be receiving retro pay. Raises are effective the first full pay period following ratification.

MOTION: Motion by Vice Mayor Silveira, seconded by Council Member Ryno, approving Item 9, Resolution 2021- 111. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

UNFINISHED BUSINESS

No items scheduled.

PUBLIC HEARING

(Hearing time – 7:00 pm)

10. First Redistricting Public Hearing and Process Overview. (City Attorney/City Clerk)

Doug Yoakam from National Demographic Corporation (NDC) presented details on redistricting and proceeded with public comments and questions.

Council Member Ryno asked the consultant what the current district numbers are in comparison to 12,366. Consultant did not have the original information on hand. He stated that he will have that information in 2 weeks.

Mayor Lopez opened the Public Hearing asked if anyone from the Public had any comments and the following citizens spoke.

He asked that voter choices be respected with continuity and equalizing of the districts.

He commented about where the districts come together at Whitmore and Moffett, advising that there isn’t a natural barrier there. He would like to hold off on the appointment of a new council member until the redistricting is complete.

John Warren asked what the numbers for the current districts are. Doug Yoakam, NDC consultant stated that he will have the information in a few weeks. City Attorney, Tom ITEM 3
Hallinan, advised that there is a website that will be dedicated to redistricting. Mr. Warren asked when it would be available to use.

Gene Yeakley inquired on why with a population of 49,000+ there weren’t 5 districts instead of 4. City Attorney Hallinan stated that in order to change the number of districts they need a ballot initiative. Mr. Yeakley stated that he thinks a 5th district is best.

John Osgood stated the local amount of people per district should be 7,000. He wants the districts amended to reflect 7 districts. He thinks that the less people represented the closer the representatives are to the people. He does not know if the City needs a ballot to make it 7 districts and wants the municipal code amended.

There being no further comments, Mayor Lopez closed the Public Hearing.

ACTION: No Action; Public comments taken on the redistricting process.

11. Resolution No. 2021-112, Public Hearing to consider adoption of the 2020 Water Shortage Contingency Plan. (Damas)

Public Works Director Jeremy Damas introduced Christiana Geed with Black Water Consulting Engineers who gave a presentation.

Mayor Lopez opened the Public Hearing asked if anyone from the Public had any comments and the following citizens spoke:

Gene Yeakley commented that Ceres is already on a 2 day per week watering schedule and he does not think that adopting something to more than 2 days a week is a good idea.

He further commented that from what he understands if water is shut off the home becomes unlivable.

Dave Pratt commented that other cities are increasing the number of watering days they have and we are still at 2 water days even after cutting back.

John Osgood asked if this was due to a statute from the Department of Water Resources or because of state legislature regulations.

John Warren wanted more information regarding when residents will be shut off for non- payment of the utility bill.

Gene Yeakley asked Public Works Director Jeremy Damas if anyone has had to leave their home because the home was no longer inhabitable after having their water shut off during his time with the City. He also inquired on how long payment agreements can last.

Mayor Lopez closed the Public Hearing and brought the item back to Council for direction.

MOTION: Motion by Vice Mayor Silveira, seconded by Council Member Ryno, approving Item 11, Resolution 2021-112. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez ITEM 3
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

NEW BUSINESS

12. Council Discussion and Action for filling City Council, District 4 Vacancy. (City Attorney/City Clerk)

City Attorney Tom Hallinan gave a brief overview of how to fill the vacancy.

Mayor Lopez asked if anyone from the Public had any comments and the following citizens spoke:

John Osgood commented that the City can afford to fund a special election if that is the choice and compared the cost to other things the City spends money on. He also suggested adding something in M unicipal Code that says how vacancies should be handled.

Frank Borelli commented that he has lived in District 4 for 32 years and he and several neighbors would like to ask the council to hold an election. He commented that they know the district better than anyone and feel that the council person for District 4 should be elected by the people that live in it.

John Warren inquired at what percent will City reserves be after the employee raises. In his opinion there is room in the reserves for a special election.

Gene Yeakley asked if there was a time limit on when someone needed to be appointed by.

Dave Pratt asked if a notice would be sent to those who reside in District 4.

There being no comments, Mayor Lopez brought the item back to Council for direction.

Council Member Casey advised that it is important that the people have an opportunity to choose the representative for District 4. He further commented that he would be in favor of a special election.

Vice Mayor Silveira commented that in his opinion going through another special election in 6 months would not be the best idea for our City. He advised that he is completely comfortable with the appointment process, instead of a special election.

Mayor Lopez expressed his agreement with Vice Mayor Silveira do to limit they have.

Council Member Ryno was in agreement with moving forward with a one week application period followed with interviews at a special council meeting.

MOTION: Motion by Vice Mayor Silveira, seconded by Council Member Ryno, to start application process to fill an appointment to the District 4 seat. 4/0/0 Motion passes see below by the following roll call vote:

ITEM 3

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

DISCUSSION ITEMS

No items scheduled.

COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2- City Council Meetings, J -8.

City Council Referrals/Determination of Items for Agenda.)

Council Member Casey asked that the following item be placed on a future agenda

13. Consideration Council Member Casey’s request for Planning Commission Appointments by City Council District.

Council Member Casey would like for Council to consider and review the ordinance relating to appointments to the Planning Commission. He suggested that Plannin g Commissioners be appointed by each council person for each district and the Mayor can appoint someone at large. He further commented that a student commissioner be appointed as early as January 1, 2022 or possible consider striking that section from the ordinance. He would also like to see 3 year terms and no more than 9 years.

Council Member Ryno suggested this be included on a future agenda.

Vice Mayor Silveira advised he is comfortable as it is currently situated, but would not stop the process of it being added to a future agenda for discussion.

ACTION: Council consensus was to bring the item back to a future meeting for discussion.

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.

• Mayor - Nothing to report
• City Council - Council Member Ryno touched on a comment made earlier by a few citizens regarding Modesto Fire billing for calls. She advised that a few constituents had reached out to her for more information as well. She commented that she was advised by the City Manager, who contacted Fire Chief Ernst, that the action the Modesto City Council is taking does not affect Ceres even though Modesto Fire does service the City.

Council Member Casey encouraged everyone to attend the Chamber of Commerce meeting on November 4th.
• City Manager – Interim City Manager Terrazas reminded everyone that Saturday was the Trunk or Treat event at Whitmore Park from 1- 4 PM. He also thanked the Public Works crew for diligently working to clear drains due to flooding. He thanked Ken ITEM 3
Rocha, Shawn Walker, Michael Estacio and Hank Unruh.
• City Attorney – Nothing to report
• Departments – Nothing to report
• County Supervisor – Nothing to report

There being no further business, Mayor Lopez adjourned to Closed Session at 8:36 p.m.

CLOSED SESSION

13. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
City Negotiator: Liebert, Cassidy, Whitmore

Employee Organization: Mid-Management Employees
Employee Organization: Public Safety Mid-Managers

REPORTS FROM CLOSED SESSION

ACTION: City Attorney Tom Hallinan reported the following:

1. Council gave direction on negotiations with the mid management employees and did not take up the public safety mid managers item. Council gave direction to City Staff on the matter.

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on November 8, 2021 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

There being no further business, Mayor Lopez adjourned the meeting at 8:57 p.m.

_____________________________
Javier Lopez, Mayor

_____________________________
Diane Nayares-Perez, CMC, City Clerk

Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter

ITEM 3

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, November 8, 2021 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Lopez called the November 8, 2021 Regular City Council meeting to order

ROLL CALL

Mayor: Lopez
Vice Mayor: Silveira
Council Members: Ryno, Casey

INVOCATION

Invocation was given Pastor Patrick Davis, Ceres Christian Church

PLEDGE OF ALLEGIANCE

Pledge of Allegiance was led by Mayor Lopez

PRESENTATIONS

A. Veteran’s Day Proclamation (Mayor Lopez)

Mayor Lopez read the Proclamation into the record and presented it to Commander Pete Samaniego and Adjutant/Finance Officer , Steve Whitney of the Ceres Post of the American Legion; in addition to Commander Freddy Morales of the Ceres VFW Post.

B. Ceres ACE Train Station

Dan Leavitt, San Joaquin Regional Rail Commission, Manager of Regional Initiatives gave City Council meeting was conducted this meeting in accordance with California Governor Newsom’s Executive Orders N -20-20 and N -35-20 and COVID -19 pandemic protocols. This meeting was open to the public with limited capacity seating.

ITEM 3
the presentation.

Gene Yeakley inquired on how the citizens could give input regarding the project.

John Warren inquired if a new tunnel would be dug under highway 99 and if the southbound on ramp would stay as is.

Larry Lopes wanted to know if it was possible to coordinate with ACE and Caltrans to clean up the existing right of ways under, between the overpass and near the tracks.

Lee Brandt inquired where the presentation would be available for him to view after the meeting.

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

John Osgood commented that he used the Ceres app to report debris along the Hatch Road corridor and he appreciates how promptly it was taken care of. He also commented on the appointment process to come and asked that the people’s will not be ignored.

Furthermore, he advised that applicants should behave in an honorable manner and seat shopping should not be happening.

Mary Alton w anted to know who to contact regarding building permits. H is daughter’s neighbor has 4 buildings on one property she believes have been built without permits.

She believes these buildings are unsafe and a fire hazard.

APPOINTMENTS TO BOARDS/COMMISSIONS

None.

CONFLICT OF INTEREST DECLARATION

None.

Otherwise the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the November 8, 2021 City Coun cil meeting was posted on Wednesday, November 3, 2021. (Nayares-Perez)

2. Waive Readings. All Readings of Ordinances and resolutions are waived. (Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (Nayares-Perez)

3. Approval of Minutes (Nayares-Perez)
a. Minutes of September 13, 2021 Regular City Council meeting.

ITEM 3

(Removed from Consent/Citizen Osgood)

4. Register of Audited Demands for Period covering October 20, 2021 through October 27, 2021. (Dias)

5. General Correspondence – Information Only
a. Redevelopment & Economic Development Department Monthly Report – October (Hallam)

6. Resolution No. 2021 -113, awarding the construction contract for the Whitmore Avenue Storm Lift Station Hatch Replacement Project to United Pavement Maintenance, Inc., authorizing a 10% contingency and authorizing the City Manager to execute the contract. (Damas)

(Removed from Consent/Citizen Osgood)

7. Resolution No. 2021-114, authorizing Application for Approval and Receipt of Per Capita Grant Funds Through the State Department of Parks and Recreation. (Chavez)

Mayor Lopez asked if any Council Member or citizen would like an item pulled from the Consent Calendar and be heard under separate motion. Items 4 and 7 were removed from Consent.

MOTION: Motion by Council Member Ryno, seconded by Vice Mayor Silveira , to approve Consent items 1-3, 5 and 6. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 4/John Osgood, Ceres Resident
John Osgood inquired on the difference in per diem rates for the employees. He believes the rate should be equitable for all employees. Council and staff discussed the item.

John Warren commented that it was difficult to hear discussions in the back of the room.

MOTION: Motion by Vice Mayor Silveira, seconded by Council Member Ryno , approving Item 4. 3/0/1 Motion passes see below by the following roll call vote:

AYES: 3 Council Members: Ryno, Silveira, Mayor Lopez
NOES: 0 Council Members: None
ABSTAIN: 1 Council Members: Casey

ITEM 3

Item 7/ John Osgood, Ceres Resident
John Osgood expressed his support in the approval of the grant.

MOTION: Motion by Council Member Ryno, seconded by Council Member Casey, approving Item 7 , Resolution No. 2021 -114. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

UNFINISHED BUSINESS

8. Resolution No. 2021-115, approving the formation of Ad Hoc Committee Honoring Veterans (Mayor Lopez)

Mayor Lopez gave an overview of the item and presented his recommendations.

Vice Mayor Silveira recommended that Veteran and Council Member Casey take his position on the committee.

Council Member Casey would like the Ad Hoc Committee to help direct veterans to available resources.

Council Member Ryno suggested they take applications for committee members. Vice Mayor Silveira agreed.

Mayor Lopez asked if anyone from the Public had any comments and the following citizens spoke:

Gene Yeakley advised that the formation of the committee is long overdue and suggested that the majority be made up of veterans. He also commented o n the different ways the City can get the word out to the community.

Pete Samaniego also agreed that it should be made up of veterans. He commented on the recent naming of a park and advised that he would like to see more notice given to the veteran community to allow for more veteran participation.

Freddy Morales agrees with Commander Samaniego. He commented that veterans would know what is needed to represent all the veterans.

John Warren would like an application process for committee members. He woul d like to see it made up of veterans from the Ceres community and not other cities.

There being no further comments, Mayor Lopez brought the item back to Council for direction.

ACTION: Council directed staff to open application period to determine commi ttee ITEM 3
members. In addition, Council Member Casey and a staff member should serve on the committee.

PUBLIC HEARING

9. (Hearing set for November 8, 2021 at the April 26th City Council Meeting; Appellant and Project Proponent have requested the Hearing to be continued to a date to be determined.) Public Hearing for the C ity Council to consider a proposal for a Rezoning of the property located at the northeast corner of East Hatch Road and Golf Links Drive to modify the existing “MX-2, Mixed Use – 2" zoning designation to a “CC, Community Commercial” zoning designation within the Mitchell Road Corridor Specific Plan, and to consider an appeal of the Planning Commission’s decision approving a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement involving the subdivision of a 2.16-acre commercial zoned site into three parcels with a new commercial building proposed for each parcel. (Hoem)

• Consideration of the Appellant’s and Applicant’s Request to continue the Hearing to a date to be determined.

Mayor Lopez opened the Public Hearing advised that the appellant, applicant and project proponent asked that the hearing be moved to a future date.

John Osgood inquired on how many continuances the appellant and proponent had previously asked for. He recommended the hearing be moved to December 13 th and no
later than December 27th.

Mayor Lopez closed the Public Hearing and brought the item back to Council for direction.

ACTION: Council agreed to move hearing to a future date.

MOTION: Motion by Vice Mayor Silveira, seconded by Council Member Ryno, to move the River Oaks Project to a later date. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

NEW BUSINESS

9. Resolution No. 2021 -116, ratifying the Memorandum of Understanding between the City of Ceres and the Mid Manager Bargaining Group. (Roland)

Theresa Roland Human Resources Directed presented the staff report.

Mayor Lopez asked if anyone from the Public had any comments and the following citizens spoke:

John Osgood commented that in future negotiations our representatives should stand ITEM 3
firmer and be good stewards of the people’s money. He did agree that in order to be equal to with the other departments and divisions it should be approved.

There being no further comments, Mayor Lopez brought the item back to Council for direction.

MOTION: Motion by Vice Mayor Silveira , seconded by Council Member Ryno , to approve item 9, Resolution No. 2021-116. 4/0/0 Motion passes see below by the following roll call vote:

AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None

DISCUSSION ITEMS

None.

COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2- City Council Meetings, J -8.

City Council Referrals/Determination of Items for Agenda.)

None.

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.

• Mayor- Mayor Lopez w as very pleased with the success of the Trunk -or-Treat event and thanked all the volunteers. He commented on the November 4 th Chamber of Commerce meeting where a discussion on the future direction of the Chamber of Commerce took place. On Nov 6th the Whitmore Charter Middle School Interact Club, Ceres Rotary Club, Officer Petersen and volunteers joined together to clean up trash along Mitchell Road. He encouraged residents to report blight to help keep the City clean.
• City Council-Nothing to report.
• City Manager- Interim City Manager Terrazas, advised Christmas Tree Lane would be opening on December 4
th and information will be on the Recreation page of the City website.
• City Attorney-Nothing to report.
• Departments-Recreation Manager Chavez commented on the success of the Trunk - or-Treat and thank everyone that helped.
• County Supervisor-Nothing to report.

CLOSED SESSION

1. C ONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property: Property Commonly Referred to as 2761 6 th Street and 2934 and 2936 6th Street; APN:

ITEM 3

Agency Negotiator: Jeremy Damas, Public Works Director and Alex Terrazas, Interim City Manager

Negotiating Parties: Shane Parsons

Under Negotiation: Terms for Sale of Properties

2. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Section 54957.6 of the Government Code)
City Negotiator: Liebert, Cassidy, Whitmore
Employee Organization: Public Safety Mid-Managers

REPORTS FROM CLOSED SESSION

ACTION: City Attorney Tom Hallinan reported that Council provided direction to staff.

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on November 22, 2021 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

There being no further business, Mayor Lopez adjourned the meeting at 8:20 p.m.

_________________________________
Javier Lopez, Mayor

_______________________________
Diane Nayares-Perez, CMC, City Clerk

Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter

ITEM 3

COUNCIL AGENDA REPORT
MEETING DATE: January 10, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1 Linda Ryno, Dist.2
Bret Silveira, Dist.3 Mike Kline, Dist. 4
CONTACT: Leticia Dias, Finance Director [email protected] (209) 538-5764
SUBJECT: Register of Audited Demand(s) Dated December 8, 2021 through December 28, 2021
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated December 8, 2021, December 15, 2021, December 22, 2021 and December 28, 2021 covering obligations to be paid by general warrants #121497 through #121746 in the amount of $2,418,388.74.

I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented herewith a summary of demands against the City of Ceres covering obligations to be paid for the period ending December 28, 2021.

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

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

Submitted by,
��
Leticia Dias
Finance Director
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C

OUNCIL AGENDA REPORT
MEETING DATE: January 10, 2022
T
O: Mayor and City Council
F
ROM: Alex Terrazas, Interim City Manager
CO
NTACT: Sam Royal, Acting Public Works Director
s
[email protected], (209) 538-5617
S
UBJECT: Public Works Department November 2021 Monthly Report RECOMMENDED COUNCIL ACTION:

I
nformation only, no action required.

I. BACKGROUND:

O
utlined below are the significant actions performed by the Public Works Department for the month of November 2021.

FACILITY SERVICES:
• C
ompleted 116 service requests including: 91 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repair s and 25 preventive maintenance requests
• Received several bids for three HVAC units to be installed at the new propert y at 1921 Rockefeller Dr.
• Preformed the semi-annual pre-season start up for heating in all City buildings • Assisted Recreation with set- up, event support and tear down of the Trunk or Treat community event at Whitmore Park
• Assisted with SCADA improvements, trouble shooting and repairs to well controls for Park’s irrigation improvements and Water’s wells and communications • Cleaned up homeless debris one (2) time at Independence Park M
aintenance activities perfor med by one (1) S upervisor, two (2 ) Facility M aintenance Workers, four (4) Custodians and one (1) vacant Facility Maintenance Worker.

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 5a

FLEET SERVICES:

Completed 104 work orders

○ Fleet Dept. 20
▪ Received in new Kabota tractor for wastewater replacement.

o Fire Dept. 15
▪ Repair West Port Fire engine pumper transmission

○ PD Dept. 10
▪ Repair/replace transmission in (1) one patrol car
▪ Replace rack and pinion steering in one patrol car
▪ Finish repairs on police Harley Davidson

○ Streets Dept. 30
▪ Received new F250, set up with decals, lights and toolbox.

○ Water: Dept. 35
▪

○ Parks Dept. 40
▪ Service/repair motor mounts on Toro mower

○ WW Dept. 25
▪ Service large John Deere disc tractor

Emergency and non-emergency City vehicles and equ ipment are maintained and repaired by one ( 1) S upervisor, one (1) Sr. Maintenance Mechani c and two (2 ) Main tenance Mechanics.

LANDSCAPE MAINTENANCE:

• Completed a total of 387 service requests in the following categories:
o Bike Path Repairs: 1
o City Grounds Maintenance: 35
o Park Landscape and Maintenance: 233
o Parks Landscape chemical usage 100 gallons all Parks and Grounds o Playground and Equipment Repairs: 1
o Playground and Equipment Inspections 26
o Right of Way (ROW) Irrigation Repairs: 25
o Park Trees: 24 Trimmed
o T ree Customer Requests (Tree or Limb Down, Trims or Removals): 61

• Parks sprinklers repaired or replaced:
o Barry Grove – 2 vandalism
ITEM 5a
o Costa Fields – 0
o D on Pedro – 3 vandalism
o Independence –6 maintenance
o Neel Dog Park – 0
o Neel Park – 3 vandalism
o P ersephone – 5 maintenance
o Redwood – 0
o Riverbluff – 8 vandalism
o Riverview – 3 maintenance
o Roeding Hts. – 7 vandalism
o Sam Ryno – 9 vandalism
o Smyrna – 3 maintenance
o Strawberry – 6 vandalism
o Wh itmore – 0
• Parks General Maintenance/Repairs:
o Disinfected all playgrounds in Parks once per week
o Posted “Playgrounds U sage” Playgrounds Closed signs an d barr icades - ongoing due to COVID
o Installed concrete pad for bench and trash can Persephone park did induction with Persephone guild
o Steam cleaned all covered areas, Rive Bluff, Smyrna, Whitmore and Roeding. • Grid Prune WCA
o Grid # 3 2020-2021 100% - Complete with 2,343 trees pruned o Grid # 1,2,4 & 5 uncompleted with a total of 8,571 trees unpruned o Pending: 167 High Risk, 11 Removals and 56 Trims from July

Grounds
• Right of Ways (ROWs):
o H atch Road Code Enforcement involved d ue to proper ty damages, boulders moved, and trees c ut down by homeowners . Still awaiting approval from Engineering to approve “No Parking Signs” in City Right of Way o R eplaced 2 val ves along Kiwi ROW
o 4 th street sidewalk steam cleaned area around Rusty Nail bar o Re-staked 4 trees along E ast gate and 14 trees along Fowler road 1 4 trees damaged by vandalism
• Lions Park
o Trimmed and removed 20 trees North park of park
• Smyrna Park
o Re staked 5 trees along Presidential walkway vandalized o Four (2) trees broken and removed due to vandalism
o Trenched 140 feet and installed conduit for lights
o Installed 4 new chains for the swings damaged by vandalism • Strawberry Park
o R epaired 5in mainline brake in planter area
• Roeding Heights Park:
o Saw cut water line for repair near well and repaired broken line • River Bluff Park:
o Playground area - replaced 2 sprinklers and capped 1 due to vandalism ITEM 5a
o Repaired fence to lower area due to fire 3 times
• Guillermo Ochoa Park:
o Ongoing maintenance of Carousel and Merry go Round

• City Parks, landscaping and maintenance is performed by one (1) supervisor, one (1) Sr. Parks Main tenance Worker, five (5) Park Maintenance Workers, and two (2) part-time Maintenance Workers.

SOLID WASTE & RECYCLING:

• Highlights of solid waste and recycling collection by Bertolotti

Residential…………………… 1, 576.70 tons
Commercial…………………… 1,670.39 tons
Illegal dump…………………… 8.19 tons, 57 locations
Bulky items……………………… 53.28 tons, 163 locations
Leaf/limb………………………… 320.44 tons
Commercial Organics………… 109.63
Residential Recycle……………… 205.03 tons
Commercial Recycle …………. 273 tons
Used oil………………l………… 299 gallons
Used oil filter…………………… 61

• Grass Clipping Warnings Issued: 10

• Education and outreach efforts for the upcoming changes to the City’s solid waste collection services have included:

 Numerous phone calls and responses to individual customers via phone and email requests.
 City website update
 Landscape signs posted throughout town
 Studio 209 commercial (was shown on the Ceres Courier and all affiliate newspapers) websites
 There have been 8 Ceres Courier articles and 3 Modesto Bee articles on the program changes
 Advertisement in the Stanislaus County Fair tab published in the Ceres Courier and affiliate newspapers
 Utility billing insert was included in the November utility billing mailer.  A doorhanger is being d elivered to customers when they receive their additional cart.
 Social media pages have been created on Facebook and Instagram that will be utilized to deliver regular announcements on Public Works important information (including the new garbage collection service)  A partnership with the Ceres Courier now provides a bi -weekly column, written by Public Works staff to provide regular updates on important ITEM 5a
information and projects affecting residents (including the changes to garbage service).
 A promotional magnet with information on what material goes in each bin is being distributed with violation notices and with community outreach activities.  A presentation to a local civic was provided in November. Any further community groups interested will be accommodated as well.

STREETS SERVICES:

• Staff responded to a total of 104 customer service requests • ADA sidewalk grinds 33
• ADA sidewalk ramps 5
• Respond ed to 175 Underground Service Alerts (USA) markings • Preformed 3 excavations for the water division
• C leaned 2,100 feet of storm drain line
• Cleaned 38 lift stations
• Code Enforcement assisted clean ups 23
• Grass clipping letters issued 3
• Restriped Whitmore and Crows Landing
• Installed Christmas decorations

City Streets Division mai ntenance i s performed b y o ne (1) Sup ervisor, two (2) S r.

Maintenance Workers , six (6 ) St reets Main tenance Operators, one ( 1) Street Sweeper Operator.

WASTEWATER (WWTP):

• Responded to 7 Sewer related customer service requests and 20 sewer problems • Staff h ad (0) S mart Cover alarms that prev ent Sanitary Se wer Overflows (SSOs) There was (1) SSO in November.
• Serviced or Repaired:
o Lift Stations -14
o WW TP Equipment – 13
o Main li ne sewer plugs – 2
o A erators – 0
• Staff performed annual sewer line maintenance cleaning procedures on all associated lines on Christmas Tree Lane to prevent disruptions during the festivities. • Staff assisted by K.S.N Engineering, filed S.W.R.C.B. mandated PFAS data reports. • Engineering Department assisted staff with ponds 1,2,3 elevation staking. • Staff reviewed and in itiated S .W.R.C.B mandatory S.W.P .P pl an for Wastew ater Treatment Plant.
• S taff continuing progress of up dating Dept. of Water R esources Wastewa ter Discharge Permit.
• Street Department assisted staff with troubleshooting compound light pole.

ITEM 5a
• Cleane d 22, 871 f eet of S ewer line and in spected 3,986 f eet of se wer line fo r our internal Closed-Circuit TV (CCTV) program
• SCADA Integrator, Jeff B urrows, and W astewater O perator II , Matthew W illiams, continued converting Lift Station control panels to new SCADA system • Sp ent 27 hours responding to 191 Underground Service Alerts (USA) markings • Tre ated and disposed of 73.54 million gallons of Wastewater, averaging 2.45 million gallons per day

Ceres W astewater System maintenance is performed by one (1) Su pervisor, two (2) Sr.

Wastewater Operators, five (5) Wastew ater Operators and one (1) Park Ma intenance Worker.

WATER SERVICES:

• November 2021 well production was 131.32 million gallons • A verage water use for November 2021 was 4.38 million gallons per day • Wa ter staff responded to 102 customer service requests • Wa ter staff responded to 80 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,793
o Meters/radios serviced: 48
o M eters replaced: 82
o Meters upgraded from ¾”, 5/8” to 1”: 1
o Ne w meter installations: 3
o Meters tested for accuracy: 0
• To tal valves in water distribution system: 4,399 of which 95 were exercised • Blow-offs and hydrants flushed: 39
• Wa ter main leaks: 0
• Serv ice line leaks: 3
• Se rvice lines have been replaced: 1
• H ydrants replaced: 6
• Ran electrical wire for the pressure transducer at well 38 • Cleaned all well cabinets and drives
• Worked on the new water shop

WATER CONSERVATION:

November 2021 calculated residential gallons used per person per day: 66.95 • Annual average is 92.27 gallons per person per day
• Responded to 17 Water Conservation service requests
• Issued Courtesy Notifications 118
• P erformed 1 Water Audits
• Del ivered 4 Water Waste Warnings 2 Water Waste Fine
• Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 3, Washing Machine: 0 and Turf Replacements: 0
ITEM 5a
Total Rebates YTD: 40

The graph below shows our production numbers for 2020 in blue compared to 2021 in purple wi th the wa ter reduction target of 15 % in red. For November 2021, we had a decrease of 15.74% from the November 2020 production numbers.

Water System maintenance is performed by one (1) Public Works Superintendent, one (1) Water Distribution Supervisor, one (1) Administrative An alyst, Two (2) S r. Water Distribution Op erators, six (6 ) Water Distribution Operat ors, two ( 2) Fie ld S ervice Technicians, one (1) part time Water Conservationist.

WIND STORM IMPACT ON OCTOBER 11-12TH:

• Storm related man-hours from Parks, Streets, Water and W astewater Divisions towards storm control:
• P arks
o Monday and Tuesday, October 11-12th = 15 ½ hours
o Trees or Limbs Down: 33
o Park Trees Down in Eastgate, Neel & Dog Park, Riverbluff, and Smyrna • Streets
o Two men spent 3 ½ hrs. on a tree
o Light pole blew over
ITEM 5a
• WWTP
o S taff spent two (2) man hours on tree that blew over at the plant

Council approved a five-year c ontract in June 2020 so that the first completed C ity Grid Prune Project can be final ized by the end of 2025. Emergency Removal costs for 2019 were shown to be $16,358.00 as compared to $800.00 in Grid Prune costs for same trees that might be saved. Grid Prune budgeted was removed from the Parks budget on August 9, 2021 to assist in balancing the general fund budget.

Approved by: ___________________________
Alex Terrazas, Interim City Manager

ITEM 5a

COUNCIL AGENDA REPORT
MEETING DATE: January 10, 2022
T
O: Mayor and City Council
F
ROM: Alex Terrazas, Interim City Manager
CO
NTACT: Steven Hallam, Redevelopment & Economic Development Manager, [email protected] 209 538-5756
S
UBJECT: Redevelopment & Economic Development Department Monthly Report – December (Information Only)
RECOMMENDED COUNCIL ACTION:

I
nformation only, no action required.

Ov
erview Summary
Gener
al activity in the division varied this past month and focused on assembling and preparing the proposed ROPS for both RDA Successor A gencies and their transmittal to the County Auditor Controller along with support to retail business attraction efforts.

Below is a summary of specific work activities in the Redevelopment and Economic Development Department listed by specific area.

C
RA/SCRA Succession Agency Activities
• C
oordinated with Urban Futures Inc. , the preparation of the Recognized Obligation Payment Schedule (ROPS) for fiscal year 2022-23, covering the City’s two former Redevelopment Agencies, the Ceres Redevelopment Agency and the Stanislaus-Ceres Redevelopment Commission.
• Prepared the Administrative Operat ing Budgets for the City ’s t wo Successor Agencies for FY 202 2-23 and transmitted the budgets to the County Auditor Controller for review and acceptance by the County Wide Oversight Board in

CITY COUNCIL
J
avier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 M ike Kline, Dist. 4
ITEM 5b
January, as part of their consideration of the upcoming 2022-23 Reco gnized Obligation Payment Schedule (ROPS).
• Completed staff reports for Council authorizations of the proposed ROPS 22-23 for both Successor Agencies at the City Council meeting on December 14, 2020.

Following approval by the City ’s two Successor A gencies, the ROPS and accompanying resolutions were then transmitted to the County Auditor Control ler for final consideration by the Stanislaus County-wide Oversight Board on January 13, 2022.
• Followed up with Urban Futures Inc., the City ’s Successor Agenc ies’ financial consultant, seeking clarification on the calculations requested by the State Department of Finance for a Past Period Adjustment (PPA) for the fiscal year 2019-20 ROPS relating to final administrative cost reimbursements.

Business Retention, Outreach and Assistance

• Monthly Business/Site Perso nal Contact Visits , with postcard follow- up, to the following Ceres businesses, which includes the “Welcome to Ceres” contact with new businesses that recently received City business licenses:
o Bizzy Buzzies
o Hamilton & Dillon Electric, Inc.
o 5 Vibes Design
o Arco AM/PM 9
th Street (change of ownership)
o Pool Design in 3D
o Partners Personnel Management
o Sound Barrier Ear Plugs, LLC
o La Casa Del Clamato
o LMJ Automotive Sales
• P romoted on Ceres ED website, the Small Business Assistance classes and seminars offered by Valley Sierra Small Business Development Center (VSSBDC) at Opportunity Stanislaus.
• Continued weekly Zoom meetings with the Community Development Director in sharing background on City ’s ED – business retention efforts, relationships with the Chamber of Commerce, and introduction of the City ’s RD A wind -down projects including all annual reporting requirements.

Business Attraction

• Continued to oversee and support the efforts of The Retail Coach, a national retail consulting, market research and development firm, engaged to prepare and implement the Retail Recruitment & Development Strategy for Ceres , an agreement which was renewed in February 2021. Activities this month included tracking the team’s retail recruitment dashboard with more recent contacts that have been made to nat ional retailers and restaurants soliciting their interest in taking advantage of the synergy created with the scheduled opening of Super Walmart.

ITEM 5b
• Responded to a request from the City Manager to review and provide inp ut on a request by a commercial broker to make a significant c hange to the non- access stipulation in the traffic mitigation measures of the Ceres Gateway Center conditions of approval, affecting Par cel 7, adjacent to the Mitchell Road street frontage.

Local/Regional ED Initiatives

• Forwarded to the Ceres Chamber of Commerce, contact information for new businesses in Ceres that obtained a business license in the past 30 days , to support their efforts at Chamber contact.
• Participated in a Zoom meeting with the City Manager, Community Development Director and representatives from Opportunity Stanislaus to discuss a new Memorandum of Understanding (MOU) between the City of Ceres and Opportunity Stanislaus for the five-year period between 2022 and 2026. • At the request of the City Manager, prepared proposed amendments and additions to the draft five-year MOU propo sed by Opportunity Stanislaus for Ceres, including elements that clarify the City ’s expectations that OS support s the City’s economic development efforts reflected in the Ceres ED Strategic Plan, 2013-2020.

Downtown Revitalization Initiatives

• Followed up on a call from a City Council member reporting on the lack of twinkle lights on the street trees along 4
th Street in downtown Cer es. Immediately
contacted the City ’s contractor responsible for all installation s/routine seasonal change-outs to the Downtown overhead promotional banners and holiday décor .

Contractor reported the delay was caused by Covid -related illnesses and absences within his insta llation team. The twinkle lights were installed and operational within three days and the contractor re layed his apologies for this delay.
• Completed staff report to the Ceres Downtown Revitalization Area Board (Planning Commission), reporting on the 1 st Quarter, FY 2021 -22 revenue and expenses pursuant to the CDRA Annual Report. This report w as considered by the CDRA Board at its regular meeting on December 6, 2021.

Miscellaneous

• Continued to post relevant stories of local economic development activities on the City’s Economic Development Department Facebook page, adding content in support of networking and training opportunities sponsored by the Ceres Chamber of Commerce, Valley Sierra Small Business Development Center, and Opportunity Stanislaus.
• Reviewed five Site Plan Review proposals, forwarded from the Community Development Department, seeking input from an Economic Development perspective.

ITEM 5b
ITEM 5b

COUNCIL AGENDA REPORT

MEETING DATE: January 10, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, Interim City Manager
Tom Hallinan, City Attorney

CONTACT: Tom Hallinan, City Attorney, [email protected]

Diane Nayares-Perez, City Clerk, [email protected]

SUBJECT: Resolution 20 22-01, A uthorizing the City to Continue Teleconferenced Public Meeti ngs Purs uant t o Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a Resolution authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361.

I. BACKGROUND:

Governor Gavin Newsom signed Executive Order N -15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency un der modified Brown Act requirements that are similar but not identical to the rules and procedur es established by the previous Executive Brown Act Orders.

This bill, unt il January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M.

Brown Act when a legislati ve body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 6
II. REAS ONS FOR RECOMMENDATION:

On June 11, 2021, Governor Newsom issued Executive Order N -08-21, which among other things rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As the Delta variant has surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards. AB 361 allow s a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:

• The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under thes e circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additio nal requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:

• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agen cy provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or an i nternet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call- in or internet -based service option or is within the local agency’s control and pr events the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).

ITEM 6
•
Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third- party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:

• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N -29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.

Since January of 2021, the C eres C ity Council meetings hav e been held with virtual hybrid teleconference components. The City Council Chamber is open for public attendance and allows for public participation through a virtual environment. On October 11, 2021, the Ceres City Council ado pted Resolution No. 2021-101 authorizing the City to implement teleconferenced public meetings pursuant to Assembly Bill 361 . This allowed the City to continue a hybrid virtual meeting environment. The legislative body must now conduct the 30- day review and make the ne cessary findings to continue to meet in a virtual hybrid environment.

III. FISCAL IMPACTS:

There is no fiscal impacts.

IV. INTERDEPARTMENTAL COORDINATION:

The response was prepared by the City Attorney in coordination with the City M anager and City Clerk.

V. PUBLIC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

VI. STEPS FOLLOWING APPROVAL:

ITEM 6

If Council makes the finding that the state of emergency continues to directly impact the ability of m embers to meet safely in person, and/ or State or local officials continue to impose or recommend social distancing measures , t he City will continue using the hybrid environment. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

Prepared by: __________________________
Tom Hallinan, City Attorney

Submitted by:______________________________
Alex Terrazas, Interim City Manager

Attachments:

1. Resolution

ITEM 6
RESOLUTION NO. 2022-01

AUTHORIZING THE CITY TO CONTINUE TELECONFERENCED
PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 ALLOWING

THE CITY TO CONTINUE A HYBRID VIRTUAL MEETING
ENVIRONMENT.

THE CITY COUNCIL
City of Ceres

WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and

WHEREAS, on March 23, 2020, the City Council adopted Resolution N umber 2020-23 declaring a local emergency due to COVID-19; and

WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.

Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and

WHEREAS, as a result of Executive Order N -29-20, staff set up Zoom meetings for all City Council, Planning Commission and Measure H Oversight Committee meetings; and

WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N -08- 21, which placed an end date of September 30, 2021, for agencies to meet remotely; and

WHEREAS, since issuing Executive Order N -08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and

WHEREAS, on October 11, 2021, the City Council adopted Resolution No. 2021- 101 a uthorizing the City to i mplement teleconferenced public meetings pursuant to Assembly Bill 361 allowing the City to continue a hybrid virtual meeting environment. The City will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings and there is a need to continue the virtual hybrid meeting environment.

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

ITEM 6

1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:

a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions /Committees, as well as staff and members of the public, from meeting safely in person; and
c. The Stanislaus County Health orders require all individuals in public spaces to maintain social distancing.

2. City Council and Commission/Committee meetings will continue to be conducted with a virtual hybrid component for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.

3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 10th day of January, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Diane Nayares-Perez, CMC, City Clerk
ITEM 6

COUNCIL AGENDA REPORT

MEETING DATE: January 10, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, City Manager

CONTACT: Christopher Hoem, Director of Community Development [email protected]
, 209.538.5778

James Michaels, Senior Planner
[email protected]
, 209.538.5774

SUBJECT: Set public hearing date of February 14, 2022, for the City Council to consider a proposal for a Rezoning of the property located at the northeast corner of East Hatch Road and Golf Links Drive to modify the existing “MX -2, Mixed Use – 2” zoning designation to a “CC, Community Commercial” zoning designation within the Mitchell Road Corridor Specific Plan, and to consider an appeal of the Planning Commissio n’s deci sion approving a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement involving the subdivision of a 2.16- acre commercial zoned site into three parcels with a new commercial building proposed for each parcel. The City Planning Commission considered this proposal at their March 2, 2020 meeting and made a recommendation to the City Council to approve the Rezone by a 4- 1 vote. The pub lic hearing for the City Council was last set for their November 8, 2021 meeting.

RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council s et the public hearing date of February 14, 2022, for the City Council to consider a proposal for a Rezoning of the property located at the northeast corner of East Hatch Road and Golf Links Drive to modify the existing “MX-2, Mixed Use – 2” zoning designation to a “CC, Community Commercial” zoning designation within the Mitchell Road Corridor Specific Pla n, and to consider an appeal of the Planning Commission’s decision approving a Vesting Tentative Parcel Map and a

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist.2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
ITEM 7
Specific Plan Site Plan entitlement involving the subdivision of a 2.16- acre commercial zoned site into three parcels with a new commercial building proposed for each parcel.

As the Planning Commission acts as an advisory body and makes a recommendation to the City Council, and as an appeal was filed with respect to the Planning Commission ’s decision approving the project, the City Council must consider the recommendation and appeal, take public testimony presented, and evaluate the Planning Commission recommendation and appeal before taking final action.

I. B ACKGROUND:

The City of Ceres Planning Commission approved the project at their meeting on March 2, 2020. The City Council was scheduled to hear this item at their meeting on April 27, 2020. Due to the COVID -19 pandemic, staff requested the City Council place the item on the June 22, 2020 City Council meeting and the City Council concurred. In late May 2020, the applicant ’s representative (GDR Engineering) sent a letter to staff requesting the June 22nd hearing date for this item be continued to the July 27, 2020 City Council meeting. Then on July 16, 2020, another letter was sent requ esting that the item be heard at the City Council meeting of January 25, 2021. On December 1, 2020 a letter was received by the appellant requesting that this item be continue d again from the January 25th date to April 26, 2021. On April 20, 2021, both the appellant and applicant representatives requested a continuance of this item to the November 8, 2021 City Council meeting and the City Council concurred. All of these continuances were based on the fact that there were only four members on the City Council.

In October 2021, the City Council was still operating with only four members, in which a tie vote could result when the C ity Council consider s this item . As such, b oth the appellant and the applicant agreed to postpone the City Council hearing for this i tem until a fifth member was seated and all five Council members would be expected to be in attendance for the hearing . On November 8, 2021, the City Council continue d the hearing until such time the fifth member was seated.

On December 6, 2021, t he City Council held a special City Council meeting to consider filling the District 4 Council vacancy . At th at meeting, the Council appointed Mr. Mike Kline as the fifth Council member.

II. R EASONS FOR RECOMMENDATION:

This item has been postponed from the City Council’s consideration since April of 2020 due to the COVID-19 pandemic restrictions in place and vacancies on the City Council .

Both the appellant and the applicant are in agreement to have the City Council hearing for this item on February 14, 2022, pr ovided that all five City Council members are able to meet on this date.

Section 18.32.180 of the Ceres Municipal Code Council Hearing Date Notice. The hearing date shall be set by the City Counci l for such date as they, in the exercise of sound discretion, may deem to be proper for such hearing.

ITEM 7

III. POLICY ALTERNATIVES:

The City Council could set another date for the public hearing. Any date that is selected will require a public notice to be sent to area property owners and posted in the Ceres Courier at least ten (10 ) days prior to that City Council meeting.

IV. STEPS FOLLOWING APPROVAL:

If the recommended action is approved, the public hearing for this matter will take place at the February 14, 2022 City Council meeting.

Approved by:_______________________________________________ Alex Terrazas, City Manager

ITEM 7

COUNCIL AGENDA REPORT
M
EETING DATE: January 10, 2022
T
O: Mayor and City Council
F
ROM: Alex Terrazas, Interim City Manager
Tom Hallinan, City Attorney
CO
NTACT: Tom Hallinan, City Attorney, [email protected] D iane Nayares-Perez, City Clerk, [email protected] SU
BJECT: Second Public Hearing Regarding Redistricting and Overview of Redistricting Process.

RECOMMENDED COUNCIL ACTION:

S
taff recommends Council hold the second public hearing to receive an overview of the redistricting process and hear public input on the City Council district boundaries in response to data received in the 2020 Census.

I. BACKGROUND:

On
November 3, 2015 , the majority of qualified voters of the City of Ceres passed Measure D, which established a by -district election process in f our council districts pursuant to California Elections Code section 10010 and California Government Code sections 34871 and 34886. The City is obligated under Elections Code section 21601, subdivision (a), to complete a redistricting process to reapportion its population between the four districts following each federal decennial census.

A
t the May 10, 2021 Council meeting, the City Council determined that it would complete the redistricting process itself rather than utilize a redistricting commission and selected National Demographic Corporation (NDC) for demographic services during the process.

The contract with NDC was approved on July 12, 2021.

E
ach district must be in compliance with the Fair Maps Act (“Act”). Under the Act, the City Council must draw and adopt City Council district boundaries using the following criteria in the listed order of priority (Elections Code 21601(c)):

CITY COUNCIL
J
avier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist. 2
Bret Silveira, Dist. 3 Mike KIine, Dist. 4
ITEM 8

1) Comply with the federal requirements of equal population and the Voting Rights Act;
2) Geographically contiguous;
3) Undivided neighborhoods and “communities of interest” (socio- economic geographic areas that should be kept together);
4) Easily identifiable boundaries; and
5) Compact (do not bypass one group of people to get to a more distant group of people).

Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

• Minimize the number of voters delayed from voting from 2022 to 2024 • Respect voters’ choices / continuity in office
• Future population growth

The City Council cannot adopt City Council district boundaries for the purposes of favoring or discriminating against a political party.

Public Outreach Program

Developing an outreach program is necessary to ensure residents are actively engaged in the redistricting process. The outreach program includes a strategy to provide information to:

• O rganizations that provide city news coverage, including organizations that serve language minority communities;
• G ood government, civil rights, civic engagement, and community groups or organizations that are active in the city, including those active in language minority communities, and those that request to be notified of redistricting; and
• T he City’s website.

The City’s website has a webpage dedicated to the redistricting process at http://www.ci.ceres.ca.us/637/Redistricting-2021
which will include:

1) A general explanation of the redistricting process;
2) The procedures for a member of the public to testify during a public hearing or to submit written testimony;
3) A calendar of all public hearing and workshop dates, times, and locations; 4) The notice and agenda of each public hearing and workshop; 5) Each draft map under consideration; and
6) The adopted final map of council district boundaries.

State law requires information to be posted in English and any “applicable language,” defined as “any language that is spoken by a group of city residents with limited English proficiency who constitute 3 percent or more of the city’s total population over four years ITEM 8
of age for whom language can be determined.” All maps must be published on the webpage at least five days before a hearing or workshop and a draft map must be published on the webpage for at least seven days before being adopted as a final map.

The City’s webpage must be maintained for at least 10 years after adopting the new district boundaries.

Public hearings must be noticed pursuant to the Brown Act, but to encourage more community participation the Fair Maps Act requires more than the standard 72- hour notice. Generally, notice and agendas for public hearings and workshops must be noticed at least five days in advance.

A public notice for the first and second redistricting hearing was published in the Ceres Courier as required by the Fair Maps Act.

Mailers were sent out to all households in Ceres notifying them of the redistricting process and hearing dates. In addition, this hearing and the scheduled future public hearing dates were posted on the City’s social media including Facebook and Twitter.

This item was also noticed per standard City of Ceres City Council agenda noticing procedures including posting the agenda 72 hours in advance on the community bulletin board in front of 2701 Fourth Street, and posting on the City’s website at http://www.ci.ceres.ca.us/agendacenter

Timeline

The deadline to complete redistricting varies depending on the City’s next election; Ceres’ redistricting deadline is April 17, 2022. During the redistricting process, the City must hold at least:

• O ne hearing before publication of the draft maps;
• T wo hearings after publication of the draft maps;
• O ne hearing or public workshop on a Saturday or Sunday or after 6:00 p.m. on a weekday; and
• at least four public hearings in total before approving a final map.

On October 25, 2021, the City Council conducted the first public hearing regarding redistricting to provide an overview of the redistricting process. This City Council also received public input regarding the composition and boundaries of City Council district boundaries. This second public hearing is the second of four hearings planned and will provide the City Council and the community an overview of the redistricting process , including introducing the tools available to submit and review draft maps for City Council consideration. Additionally, this hearing serves as an opportunity for the community to provide their input regarding the composition and boundaries of their voting districts.

The current City Council district boundaries are equal in population as required by the Act. The total population deviation between largest and smallest City Council districts is

7.71%. Total population deviations under 10% generally comply with federal equal population requirements. (Harris v. Arizona Independent Redistricting Com'n (2016) 578 ITEM 8
U.S. 253, 259.) Accordingly, the City Council can readopt current City Council districts boundaries without reapportionment.

Nevertheless, the City Council must continue to hold public hearings as required by the Act. The Act requires the City Council to conduct four (4) public hearings that allows for public input before adopting City Council district boundaries after each federal decennial census. Further, the City Council must ensure that City Council district boundaries comply with Act’s criteria for dist rict boundaries. If after holding four (4) public hearings the City Council concludes that current City Council district boundaries meets the Act’s criteria, then the City Council can readopt current City Council district boundaries without reapportionment.

Below are the dates of the remaining public hearings:

• Saturday, February 5, 2022 6:00 p.m.
• Monday, March 14, 2022 at 7:00 p.m.

II. REASONS FOR RECOMMENDATION:

Under the Act, by April 17, 2022, the City must redistrict City Council district boundaries so that each City Council district is substantially equal in population. The Act also specifies criteria for City Council district boundaries, and imposes procedures for redistricting City Council district boundaries, such as public hearing and outreach requirements. City Council district boundaries must also comply with other applicable federal and state laws, such as the United States Constitution’s Equal Protection Clause and the federal Voting Rights Act. Per the Election’s Code, the City Council is required to adopt a new district map or, if appropriate, readopt the existing district map by Ordinance following a series of public hearings. As required by law, the City Counc il districts must be “substantially equal in population” based upon the results of the 2020 Census.

III. FISCAL IMPACTS:

Funds for the redistricting process have been approved in the Fiscal Year 2021-22 budget.

IV. INTERDEPARTMENTAL COORDINATION:

The response was prepared by the City Attorney and City Clerk in coordination with the City Manager.

V. PUBLIC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

ITEM 8
VI. STEPS FOLLOWING APPROVAL:

Hold the public hearing, receive an overview of the redistricting process and hear public input on the City Council district boundaries.

Submitted by:______________________________
Alex Terrazas, Interim City Manager

Attachments: City of Ceres Council District Map
Results of the 2020 Census
Minutes from the October 25, 2021 Redistricting Hearing

ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
Ceres Existing Districts
District 1
Total Pop 12,443
Deviation from ideal 77
% Deviation 0.62%
% Hisp 59.6%
% NH White 26%
% NH Black 3%
% Asian-American 7%
Total 6,928
% Hisp 47%
% NH White 40%
% NH Black 4%
% Asian/Pac.Isl. 6%
Total 5,880
% Latino est. 51%
% Spanish-Surnamed 46%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 44%
% NH Black 3%
Total 4,179
% Latino est. 47%
% Spanish-Surnamed 43%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 47%
% NH Black 3%
Total 3,042
% Latino est. 43%
% Spanish-Surnamed 40%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 51%
% NH Black est. 3%
ACS Pop. Est. Total 11,685
age0-19 30%
age20-60 54%
age60plus 15%
immigrants 27%
naturalized 38%
english 46%
spanish 45%
asian-lang 2%
other lang 7%
Language Fluency Speaks Eng. "Less than Very Well" 23%
hs-grad 56%
bachelor 10%
graduatedegree 3%
Child in Household child-under18 43%
Pct of Pop. Age 16+ employed 62%
income 0-25k 21%
income 25-50k 24%
income 50-75k 22%
income 75-200k 28%
income 200k-plus 5%
single family 78%
multi-family 22%
rented 45%
owned 55%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 12,003
-363
-2.94%
74%
14%
2%
7%
6,619
63%
24%
5%
7%
5,141
70%
64%
4%
1%
27%
3%
3,532
68%
62%
4%
2%
28%
3%
2,373
66%
61%
4%
1%
29%
3%
12,397
32%
57%
11%
27%
39%
36%
57%
2%
5%
28%
51%
8%
1%
57%
63%
17%
20%
25%
36%
2%
88%
12%
40%
60%
3 12,956
590

4.77%
56%
22%
2%
17%
7,165
44%
31%
6%
17%
6,617
51%
46%
12%
1%
35%
5%
4,924
49%
45%
12%
1%
36%
5%
3,411
47%
44%
10%
1%
38%
5%
12,019
36%
50%
15%
24%
64%
42%
42%
5%
11%
19%
55%
11%
3%
53%
63%
11%
21%
18%
45%
5%
99%
1%
23%
77%
4 12,060
-306
-2.47%
68%
24%
2%
3%
6,952
51%
40%
5%
2%
5,169
55%
51%
2%
1%
42%
3%
3,447
52%
48%
2%
1%
44%
3%
2,476
47%
44%
2%
1%
48%
3%
12,500
37%
49%
14%
17%
32%
54%
41%
1%
4%
17%
63%
4%
1%
51%
58%
22%
27%
24%
27%
1%
82%
18%
47%
53%
Total
49,462
953

7.71%
64%
22%
2%
9%
27,664
51%
34%
5%
8%
22,807
56%
51%
6%
1%
37%
4%
16,082
53%
49%
6%
1%
39%
4%
11,302
50%
46%
5%
1%
42%
4%
48,601
34%
53%
14%
24%
44%
44%
46%
2%
7%
22%
56%
8%
2%
51%
62%
18%
23%
22%
33%
3%
86%
14%
39%
61%
11/06/2021 14:56 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
ITEM 8
ITEM 8

October 25, 2021 Minutes from the First Redistricting Hearing (Hearing time – 7:00 pm)

10. First Redistricting Public Hearing and Process Overview. (City Attorney/City Clerk) Doug Yoakam, Redistricting Consultant from National Demographics Corporation (NDC) detailed the Redistricting Process.

Mayor Lopez opened the Public Hearing and asked if anyone from the Public had any comments and the following citizens spoke:

Daniel Padilla commented via Zoom and stated that some natural boundaries for zoning could be the freeway and the railroad. He advised that one whole district could be on the west side of highway 99. Since the Council has a vacancy, he thinks this is a good time to do it. H e then asked if redistricting needs to be done before or after the vacancy is filled. He asked that voter choices be respected with continuity and equalizing of the districts. He commented about where the districts come together at Whitmore and Moffett, advising that there isn’t a natural barrier there. He would like to hold off on the appointment of a new council member until the redistricting is complete.

John Warren asked what the numbers for the current districts are. Doug Yoakam, NDC consultant stated that he will have the information in a few weeks. City Attorney, Tom Hallinan, advised that there is a website that will be dedicated to redistricting. Mr. Warren asked when it would be available to use.

ACTION: No Action Taken. This was the first hearing that de tailed the Redistric ting Process and timeline.

ITEM 8
ITEM 8

Ceres City CouncilJanuary 10, 2022

Ceres City Council
January 10, 2022