City Council meeting was conducted 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.
OF
COTHER TEARING
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, April 25, 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 Javier Lopez called the April 25, 2022 Regular City Council meeting to order.
ROLL CALL
Present:
Mayor Javier Lopez
Vice Mayor Bret Silvera (District 3)
Councilmembers: District 1 James Casey and District 4 Mike Kline Note: District 2 (vacant)
INVOCATION
Provided by Pastor Jim Stochl, Harvest Presbyterian Church.
PLEDGE OF ALLEGIANCE
Led by Mayor Lopez
PRESENTATIONS
A. Proclamation declaring Saturday, April 30, 2022 as Love Ceres Day in the City of Ceres.
Councilmember Casey presented the proclamation.
B. Proclamation declaring April as Sikh Awareness Month.
City Council Minutes of April 25, 2022
Mayor Lopez presented the proclamation.
C. Proclamation declaring May 1-7 as Public Service Recognition Week.
Mayor Lopez presented the proclamation.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
David Yonan inquired on what will be happening with the old Walmart site.
Candace Fernandez commented on the zoning change from recreation to MX-2 for the property near Golf Links Road and asked for clarification on how the residents in the area were notified of the change.
Kenneth Thornberry inquired on how he could review the City Manager Employment Agreement and how the fifth Council seat would be filled.
Brandy Meyer thanked everyone that helped with the Love Ceres event.
John Warren announced that May 1st to 7t was Peace Officers Memorial Week.
Gene Yeakley inquired on how much money the City spends monthly on cleaning up vandalism.
Resident Luis asked for more tennis courts to be added to City parks.
Shirley Rogers sent an email commenting on the amount of time it takes for a payment mailed in to post to her utility account.
APPOINTMENTS TO BOARDS/COMMISSIONS
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.
1. Clerks Report of Posting. The agenda of the April 25, 2022, City Council meeting was posted on Wednesday April 20, 2022. (City Clerk)
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). (City Clerk)
Approval of the February 28, 2022, Regular City Council meeting Minutes (City Clerk)
City Council Minutes of April 25, 2022
4. Register of Audited Demands for Period covering April 6, 2022, through April 13, 2022. (Dias)
5. General Correspondence - Information Only
a. Public Works monthly report for March 2022 (Royal)
b. Redevelopment & Economic Development Department Monthly Report - February and March (Sims)
6. Resolution No. 2022-32, Authorizing a Budget Amendment and Authorizing the City Manager to Approve a Purchase Order for Four (4) Hach Nitrate Analyzers for Wellhead Treatment Projects. (Royal)
Resolution No. 2022-33, Adopting in Concurrence with Stanislaus Urban County Consortium FY 2022-2023 Annual Action Plan and Support of Submission to HUD. (Hoem)
8. Resolution No. 2022-34, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.
9. Resolution No. 2022-35, Approving the Improvement Agreement and recordation of the Subdivision Map for the Cambridge Estates Subdivision, Phase 2. (Hoem)
10. Resolution No. 2022-36, Approving an Enterprise Service Agreement with Vigilant Solutions for the term of one (1) year in conjunction with the purchase of three (3) Mobile License Plate Readers and authorizing the City Manager to execute the Service Agreement. (Collins)
Item 7 was pulled by Council Member Casey, item 9 was pulled by Mayor Lopez and items 8 and 10 were pulled by the public for discussion.
MOTION: Motion by Vice Mayor Silveira, seconded by Councilmember Kline, to approve items 1 - 6. Motion passed by roll call vote 4/0/0:
AYES: Councilmembers: Casey, Kline, Silveira, and Mayor Lopez NOES: None
ABSENT: None
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR Item 7: Pulled by Councilmember Casey
Councilmember Casey commented on the lack of public participation and the same issue has been discussed at other cities' Council meetings. He suggested various ways to have information sent out to encourage public participation.
Public Comments: John Warren made suggestions on notifying the public of agenda items to improve public participation. John Osgood commented that he was not aware of the public hearing.
City Council Minutes of April 25, 2022
MOTION: Motion by Vice Mayor Silvera, seconded by Councilmember Casey, to approve Item 7. Motion passed by roll call vote 4/0/0:
AYES: Councilmembers: Casey, Kline, Silveira, Mayor Lopez NOES:
ABSENT: None
Item 8: Pulled by Member of the Public
Council Member Kline inquired if Council meetings would be held in the Council chambers going forward.
Mayor Lopez suggested going back to in person meetings with Zoom option without the resolution.
Public Comments: John Warren commented that the Zoom portion should be an option only and not a requirement. John Osgood inquired if the state required a hybrid meeting.
Kenneth Thornberry asked for clarification on what Assembly Bill 361 allows.
MOTION: Motion by Vice Mayor Silveira, seconded by Councilmember Kline, to approve Item 8. Motion passed by roll call vote 4/0/0:
AYES: Councilmembers: Casey, Kline Silvera and Mayor Lopez NOES: None
ABSENT: None
Item 9: Pulled by Mayor Lopez
Mayor Lopez stated that the item was pulled per the applicant request.
Director of Community Development Christopher Hoem stated that the applicant would like the item continued on the May 9, 2022 City Council meeting.
MOTION: Motion by Vice Mayor Silveira, seconded by Councilmember Kline, to continue item on the May 9, 2022 Council meeting. Motion passed by roll call vote 4/0/0:
AYES: Councilmembers: Casey, Kline, Silveira and Mayor Lopez NOES: None
ABSENT: None
Item 10: Pulled by Member of the Public
Public Comments: John Warren inquired if the purchase would use American Rescue Plan Act funds. Gene Yeakley asked for clarification on the training officers would receive and the cost of maintenance after the contract expires.
MOTION: Motion by Councilmember Kline seconded by Vice Mayor Silveira, to approve Item 10. Motion passed by roll call vote 4/0/0:
AYES: Councilmembers: Casey, Kline, Silveira and Mayor Lopez NOES: None
ABSENT: None
City Council Minutes of April 25, 2022
UNFINISHED BUSINESS
PUBLIC HEARING
11. (Hearing set for April 25, 2022 at the March 28th City Council meeting; Applicant and Appellant have requested an indefinite continuance).
A Request to table the Public Hearing for City Council consideration of 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)
• At the March 28th Council meeting this Public Hearing was continued to the April 25, 2022, regular Council meeting; subsequently the Applicant and Appellant have requested to table the matter indefinitely.
Director of Community Development Christopher Hoem provided a brief overview of the item.
Mayor Lopez opened the public hearing at 6:54 p.m.
Public Comments: Kenneth Thornberry commented that he agreed with a temporary continuance and requested a report on a safety and traffic study prior to the amended Mitchell Road Corridor Plan. John Osgood asked for clarification on what the parties were requesting and the process.
City Council and staff discussed the item.
Public Comments: Pam Thornberry commented on what allowing the change in zoning would mean for the golf course. Kenneth Thornberry commented that they would like a full Council before a decision is made. Dave Romano commented that they consent to an indefinite continuance. John Osgood commented that at a certain point the zoning issue needed to be addressed regardless of both parties' agreement. Candace Fernandez asked for the Council to consider how traffic will be affected in the River Oaks neighborhood.
Mayor Lopez closed the public hearing at 7:12 p.m.
MOTION: Motion by Councilmember Kline seconded by Vice Mayor Silveira, to table item 11. Motion passed by roll call vote 4/0/0:
AYES: Councilmembers: Casey, Kline, Silveira and Mayor Lopez NOES: None
ABSENT: None
City Council Minutes of April 25, 2022
NEW BUSINESS
12. Council Discussion and Action for filling City Council, District 2 Vacancy. (City Attorney)
City Attorney Tom Hallinan provided a brief overview of the item.
Public Comments: Gene Yeakley and John Osgood suggested they take applications to fill the Council seat. John Warren suggested the seat be left vacant. Resident Maria inquired on the area District 2 covers.
City Council and City Attorney discussed the item.
MOTION: Motion by Council Member Casey to move forward with appointing someone.
Motion failed due to lack of a second.
MOTION: Motion by Vice Mayor Silveira seconded by Councilmember Casey, to leave the District 2 seat vacant until the November election. Motion passed by roll call vote 3/1/0:
AYES: Councilmembers: Kline, Silveira and Mayor Lopez
NOES: Councilmember Casey
ABSENT: None
13. Resolution No. 2022-37, approving an Employment Agreement with Alex Terrazas for the position of City Manager
Public Comments: John Osgood commented on the positive working relationship he has built with Interim City Manager Alex Terrazas. John Warren commented on the compensation for the proposed City Manager.
Councilmember Kline commented on tabling the item for clarification of changes made.
Councilmember Casey stated he expected a closed session discussion prior to consideration for approval.
MOTION: Motion by Councilmember Kline seconded by Councilmember Casey, to table Resolution 2022-37 until the next regular City Council meeting on May 9, 2022 to allow review of the changes made. Motion passed by roll call vote 3/1/0:
AYES: Councilmembers: Casey, Kline and Mayor Lopez
NOES: Councilmember Silveira
ABSENT: None
14. Resolution No. 2022-38, Ratifying the Appointment of Kevin Waugh to the Position of Director of Engineering. (Terrazas)
City Manager Alex Terrazas provided a brief overview of the item.
City Council Minutes of April 25, 2022
MOTION: Motion by Councilmember Kline seconded by Vice Mayor Silveira, to approve Resolution 2022-38. Motion passed by roll call vote 4/0/0:
AYES: Councilmembers: Casey, Kline, Silveira and Mayor Lopez NOES: None
ABSENT: 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 • City Manager Alex Terrazas encouraged everyone to participate in the Love Ceres event.
CLOSED SESSION
None.
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on May 9, 2022 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 7:41 p.m.
Javier Lopez, Mayor
ristro Aguil
By Cristina Aguilar, Deputy Citv Clerk
for Annabelle Aguilar, CMC, Interim 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