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.
ETHERWE
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, February 14, 2022 — 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 February 14, 2022 Regular City Council meeting to order.
ROLL CALL
Mayor: Lopez
Vice Mayor: Silveira
Council Members: Casey, Kline, Ryno
INVOCATION
Invocation was given by Pastor Scott Elliott, Big Valley Grace.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
A. Proclamation declaring February as Black History Month in the City of Ceres.
Mayor Lopez read the Proclamation into the record and presented it to Christopher and Sherry Nelson from the Stanislaus Chapter of the NAACP.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
Lee Brandt commented on the use of ARPA funds that was discussed at the January 24th meeting. He inquired if the parking covers at the police department would have solar panels and suggested some of the money be set aside for downtown lighting and updates to the water tower. He agrees with John Warren' s letter to the Ceres Courier regarding adding more code enforcement, he believes it will free up police officers. He further City Council Minutes
commented he would like to see the touchless crossing eliminated and asked for the for the California code regarding mufflers to be more closely enforced.
John Osgood addressed the amount of time the City waited to appoint Police Chief Collins to the Ceres Fire Protection Agency JPA Oversight Committee. He would like to see things done in a more timely manner.
John Warren commented that he did not find anything related to where to place your waste cans when not in use on the flyer that came in the mail. He recalled that last year Public Works advised they would be enforcing the placement of cans when not in use and he would like more information on how the City plans to follow through.
Gene Yeakly asked the people of Ceres to get involved in their community and report any issues they see in the City by phone or on the website.
APPOINTMENTS TO BOARDS/ COMMISSIONS
B. Resolution 2022- 04 Council concurrence of Mayor Lopez' s recommendation to appoint the Chief of Police as a City of Ceres representative on the Modesto- Ceres Fire Protection Agency JPA Oversight Committee. ( Collins) Richard Collins, Chief of Police, provided a brief overview of the item.
Council Member Kline inquired if the person to be appointed needed to be a current City employee or if they could be a retired one. He further clarified on what the appointed position entailed and what the committee oversees.
Mayor Lopez asked if anyone from the public had any comments and the following citizens spoke:
John Osgood clarified he was not challenging the appointment, his issue was that it took a long time for the Chief of Police to assume the role.
MOTION: Motion by Council Member Kline, seconded by, Vice Mayor Silveira approving resolution 2022-04. 5/0/0 Motion passes see below by the following roll call vote:
AYES: 5 Council Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
CONFLICT OF INTEREST DECLARATION
None.
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. 2 City Council Minutes
1. Clerks Report of Posting. The agenda of the February 14, 2022 City Council meeting was posted on Wednesday, February 9, 2022. ( 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 November 22, 2021, December 13, 2021 Regular City Council meetings and December 6, 2021 Special City Council Meeting.
4. Register of Audited Demands for Period covering January 18, 2022 through January 31, 2022 ( Dias)
5. Resolution 2022- 05 awarding an agreement with SNS Automation for the Public Work' s Department' s SCADA service and maintenance and authorize the City Manager to execute the agreement. ( Royal)
6. Resolution No. 2022- 06, continuing the teleconference of Public Meetings Pursuantto Assembly Bill 361 allowing the City to continue a HybridVirtual Meeting Environment. ( City Attorney)
Mayor Lopez asked if any Council Member or citizen would like an item pulled from the Consent Calendar and be heard under separate motion. No items were removed from Consent.
MOTION: Motion by Council Member Kline, seconded by Vice Mayor Silveira, to approve items 1-2, 4, 5 and 6. 5/0/0 Motion passes see below by the following roll call vote:
AYES: 5 Council Members: Casey, Ryno, Kline, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
MOTION: Motion by Council Member Kline, seconded by Vice Mayor Silveira, to approve item 3. 4/0/1 Motion passes see below by the following roll call vote:
AYES: 4 Council Members: Casey, Ryno, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSTAIN: 1 Council Members: Kline
CONSIDERATION OF ITEM( S) REMOVED FROM THE CONSENT CALENDAR None.
UNFINISHED BUSINESS
None.
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PUBLIC HEARING
The public hearing for this item was last set for the City Council meeting of November 8, 2021.)
7. Public Hearing to consider 18- 09 Rezone ( RZ); 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 of 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 3 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. ( Hoem) Resolution No. 2022- 07, adopting the Mitigated Negative Declaration prepared for a Rezone ( 18- 09 RZ), a Vesting Tentative Parcel Map ( 18- 10 VTPM), and a Specific Plan Site Plan ( 18- 11 SPSP) entitlement involving the subdivision of a
2.16-acre commercial zoned site into 3 parcels with a new commercial building proposed for each parcel.
Resolution No. 2022- 08, amending Conditions of Approval # 3, 6, and 7 for a Specific Plan Site Plan # 18- 11.
Introduction of Ordinance No. 2022-1070, adopting a Rezone (18-09 RZ) to change the zoning designation of " MX- 2, Mixed Use — 2" to " CC, Community Commercial" for the 2. 16 +/- acre site.
Christopher Hoem, Community Development Director, advised staff received a request from the applicant and the appellant for continuance of this item to the March 28, 2022 meeting.
Mayor Lopez opened the Public Hearing and asked if anyone from the public had any comments and the following citizens spoke:
Ken Thornberry inquired if it took one or three Council Members to have agenda item continued.
Attorney Dave Romano, representing applicant Surgit Singh, advised they requested a six-week continuance to allow for time to meet and discuss the project with Mr. Thornbery to see if the issues could be further resolved before Council has to consider this matter.
David Yonan, resident near River Oaks, inquired how many Council Members were on the Council when this started with 4-5 years ago. He commented that at the time they were advised the property would be MX-2 and it was described as a possible doctor, dentist or counseling office. He further commented that the CC definition the developer wants will allow all forms of retail and provided examples of the retail centers at Roeding and Mitchell Roads and one on Central Avenue. He advised it was not what they were originally sold on and would like Council to do what is right.
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John Warren believes it should have stayed zoned recreational and does not feel they need that type of retail shopping center in that location. He understands the current applicant had the opportunity to request the change in zoning at the time the general plan was changed.
Candice Fernandes lives near River Oaks and agrees with Mr. Yonan completely. She was at the meeting where they were told it would stay MX-2. She believes there will be many other neighbors at the March 28thmeeting.
Mayor Lopez closed the Public Hearing and brought the item back for Council action.
MOTION: Motion by Vice Mayor Silveira, seconded by, Council Member Kline to continue item in six weeks on March 28, 2022. 5/ 0/ 0 Motion passes see below by the following roll call vote:
AYES: 5 Council Members: Casey, Ryno, Kline, Silveira, Mayor Lopez NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
NEW BUSINESS
None.
DISCUSSION ITEMS
8. Expansion of Ceres Recycled Water Exports via the North Valley Regional Recycled Water Program ( Royal)
Sam Royal, Interim Public Works Director, introduced Karen Morgan, Public Works Superintendent, who gave a brief overview of the item. Anthea Hansen, General Manager of the Del Puerto Water District followed with a presentation.
Dan Madden, Interim Municipal Services Director for the City of Turlock, advised that their water treatment facility has the capacity to accept the volume of flow they are moving into.
The pipeline to Turlock has a 4 to 6 million gallon capacity and the current contract is for 2 million gallons a day.
Council Member Kline inquired if Del Puerto Water District was going to offset the cost for Ceres for the increase in flow to Turlock.
Direction: Council directed staff to bring proposal to Council at a future date.
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.
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REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.
Mayor— Announced 600 N-95 masks would be disbursed Thursday, February 17thvia drive thru at the Ceres Community Center.
City Council - None
City Manager — City Manager, Alex Terrazas, also mentioned the mask disbursement and added details regarding the mask mandate expiring on February 15th City Attorney - None
Departments - None
County Supervisor - None
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR ( Pursuant to Section 54957. 6 of the Government Code)
City Negotiator: City Manager
Employee Organization: Department Heads ( unrepresented)
2. PUBLIC EMPLOYMENT ( Pursuant to Section 54957 of the Government Code) Title: City Manager
REPORT FROM CLOSED SESSION
ACTION: Mayor Lopez reported the following:
1. There was nothing to report on the closed session item.
2. There was nothing to report on the closed session item.
ADJOURNMENT
The nextregularlyscheduledCity CouncilMeetingwill be heldon February28, 2022at 6:00 p.m. in the CityCouncil Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA Therebeingnofurtherbusiness, MayorLopezadjournedthe meetingat 8:08 p.m. ier Lopez, Mayor
etaALL--
By Cristina Aguilar, eputy City Clerk
for 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 6