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
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(ZOOM and In Person)
City Council Chambers, 2701 Fourth Street
Monday, May 23, 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 May 23, 2022 Regular City Council meeting to order.
ROLL CALL
Present:
Mayor Javier Lopez
Vice Mayor Bret Silvera (District 3)
Council Members: District 1 James Casey and District 4 Mike Kline Note: District 2 (Vacant)
INVOCATION
Provided by Pastor Tim Gianossa, Big Valley Grace Community Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez
PRESENTATIONS
None
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
John Warren inquired as to funds from the American Rescue Plan Act that have not yet been allocated yet and how those were going to be used.
Gene Yeakley spoke regarding remarks neighbors made at the May 9, 2022 Council meeting.
City Council Minutes of May 23, 2022
Cheryl Welch spoke regarding on the large utility bill her mother, Nawatha Reed, received and asked for a resolution to her problem.
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 May 23, 2022 City Council meeting was posted on Wednesday May 18, 2022. (City Clerk)
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 Minutes (City Clerk)
a. Minutes of April 11, 2022, April 25, 2022 and May 9, 2022 Regular City Council meetings.
4. Register of Audited Demands for Period covering May 4, 2022 through May 11, 2022. (Dias)
General Correspondence - Information Only
a. Public Works monthly report for April 2022 (Royal)
6. Resolution No. 2022-43, approving a three-month contract agreement with monthly thereafter extension of up to one-year with Del Puerto Water District for the emergency use of recycled water from the North Valley Regional Recycled Water Program and authorizing the City Manager to execute the contract. (Royal)
7. Resolution No. 2022-44, awarding a custodial services contract for the Ceres Community Center to Environment Control and authorizing the City Manager to execute the contract. (Royal)
Resolution No. 2022-45, awarding a service agreement contract for upgrading existing SCADA Panels at various Sewer Lift Stations to Access Industrial Automation, authorizing a 10% Contingency and authorizing the City Manager to execute the contract. (Royal)
2 City Council Minutes of May 23, 2022
Resolution No. 2022-46, awarding the Construction Contract for Morrow Village Phase 1- CDBG Sidewalk Improvements to George Reed Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Royal)
10. Resolution No. 2022-47, approving the use of ARPA funds to purchase lockers to upgrade the Police Department duty gear storage room and authorizing staff to move forward with the purchase. (Collins)
11. Resolution No. 2022-48, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (Interim City Clerk)
12. Resolution No. 2022-49, Resolution No. 2022-50 and Resolution No. 2022-51, Three (3) Resolutions relating to the calling and giving notice to hold a November 8, 2022, General Municipal Election for the election of Councilmember District 1 and Councilmember District 2 to serve four-year terms, and to hold a Special Municipal Election for the election of Councilmember District 4 to serve the remaining half-term of a four-year term. (Interim City Clerk)
13. Final Adoption of Ordinance No. 2022-1072; a Zoning Ordinance Text Amendment (ZOTA) to the Mitchell Road Corridor Specific Plan (MRCSP) that would allow main building heights up to 50 feet on properties zoned, "RC, Regional Commercial" subject to approval by the Planning Commission. (Hoem)
Items 5 and 9 were removed from the Consent Calendar for separate consideration by Councilmember Kline.
MOTION: Motion by Vice Mayor Silveira, seconded by Councilmember Kline, to approve items 1 - 4, 6 - 8, and 10 - 13. Motion passed by roll call vote 4/0/0:
AYES: Councilmembers: Casey, Kline, Silveira, and Mayor Lopez NOES: None
ABSENT: None
CONSIDERATION OF ITEMS) REMOVED FROM THE CONSENT CALENDAR Item 5: Removed for Separate Consideration by Councilmember Kline Councilmember Kline spoke regarding the reoccurring vandalism in Ochoa Park and inquired as to the possibility of installing portable cameras to curb the vandalism that is occurring.
Public Comments: Gene Yeakley inquired as to the monthly cost from vandalism for all the parks in the City.
MOTION: Motion by Councilmember Kline, seconded by Vice Mayor Silveira, to approve Item 5. Motion passed by roll call vote 4/0/0:
3 City Council Minutes of May 23, 2022
AYES: Council Members: Casey, Kline, Silveira, and Mayor Lopez NOES: Council Members: None
ABSENT: Council Members: None
Item 9: Removed for Separate Consideration by Councilmember Kline Councilmember Kline inquired as to when each phase will be commencing.
MOTION: Motion by Councilmember Kline, seconded by Vice Mayor Silveira, to approve Resolution 2022-46. Motion passed by roll call vote 4/0/0:
AYES: Council Members: Casey, Kline, Silveira, and Mayor Lopez NOES: Council Members: None
ABSENT: Council Members: None
UNFINISHED BUSINESS
14. Resolution No. 2022-37, approving an Employment Agreement with Alex Terrazas for the position of City Manager. (City Attorney)
City Attorney Tom Hallinan presented the staff report and provided direction to staff.
Public Comments: Gene Yeakley inquired as to the City Manager's salary, life insurance and auto allowance.
John Warren inquired as to the auto allowance as well.
Councilmember Kline spoke regarding the change in vacation hours included with agreement.
Councilmember Casey spoke regarding previous discussions they had regarding the agreement.
MOTION: Motion by Vice Mayor Silveira, seconded by Mayor Lopez, to approve Resolution 2022-37. Motion passed by roll call vote 3/1/0:
AYES: Council Members: Kline, Silveira, and Mayor Lopez NOES: Council Members: Casey
ABSENT: Council Members: None
PUBLIC HEARING
15. Public Hearing to consider an appeal of the Planning Commission's decision of approval of a Conditional Use Permit entitlement to allow an existing snow cone/iced coffee business to operate on a year-round basis without a drive-thru operation at 2000 Central Avenue. The City Planning Commission considered this proposal at their April 18, 2022 meeting and approved the Conditional Use Permit request without a drive-thru operation by a 5-0 vote. (Hoem) 4 City Council Minutes of May 23, 2022
Senior Planner James Michaels gave the presentation.
Mayor Lopez opened the public hearing at 6:53 p.m.
Public Comments: Violet Saveh of Heaven and Snow spoke regarding her experience in Ceres and asked for Council to reconsider her request. Ms. Saveh also spoke regarding the health and safety practices of her business.
Gene Yeakley spoke regarding Ms. Saveh's business efforts.
John Warren spoke regarding parking around the business.
John Novato spoke regarding moving the business to the North side of the Sequoia Market property.
Mayor Lopez closed the public hearing at 7:11 p.m.
City Council discussion included traffic flow and current configuration with the business location.
MOTION: Motion by Councilmember Kline, seconded by Vice Mayor Silveira, to approve Resolution 2022-54 upholding the Planning Commission findings. Motion passed by roll call vote 3/1/0:
AYES: Council Members: Casey, Kline, and Silveira
NOES: Council Members: Mayor Lopez
ABSENT: Council Members: None
NEW BUSINESS
16. Resolution No. 2022-52, approving the use of ARPA funds to purchase Banners for the Active Military/Neterans Banner Program and designating 4'h, 3rd, and North Streets as the inaugural installation corridor. (Chavez) Recreation Manager Joseph Chavez presented the staff report.
City Council and Staff discussion included how the program will be funded after American Rescue Plan Act funds are exhausted, the cost to families, and extending the banners to Hatch Road and Mitchell Road.
Public Comments: Gene Yeakley spoke regarding the progress of the program.
John Warren spoke regarding how the City of Turlock banner program funding and placement.
MOTION: Motion by Councilmember Kline, seconded by Vice Mayor Silveira, to approve item 16. Motion passed by roll call vote 4/0/0:
AYES: Council Members: Casey, Kline, Silveira, and Mayor Lopez NOES: Council Members: None
5 City Council Minutes of May 23, 2022
ABSENT: Council Members: None
17. Resolution No. 2022-53, approving a Development Impact Fee Credit Agreement between the City of Ceres and the Ceres Gateway Center, LLC. (Hoem) Community Development Director Christopher Hoem presented the staff report.
Public Comments: Daniel Ogden spoke regarding the reason for the request of the Development Impact Fee Credit Agreement.
MOTION: Motion by Vice Mayor Silveira, seconded by Councilmember Kline, to approve item 17. Motion passed by roll call vote 4/0/0:
AYES: Council Members: Casey, Kline, Silveira, and Mayor Lopez NOES: Council Members: None
ABSENT: 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.
Vice Mayor Silveira encouraged everyone to attend Concerts in the Park • City Manager Terrazas introduced Engineering Director Kevin Waugh
CLOSED SESSION
18. PUBLIC EMPLOYEE PERFORMANCE EVLAUATION
Pursuant to Government Code Section 54957
Title: City Attorney
REPORT FROM CLOSED SESSION
Interim City Clerk Annabelle Aguilar reported that direction was provided to staff.
ADJOURNMENT
A Special City Council Meeting-Budget Workshop is scheduled on May 24, 2022 at 5:30 p.m. and the next Regular City Council meeting is scheduled on June 13, 2022.
There being no further business, Mayor Lopez adjourned the meeting at 8:29 p.m. 6 City Council Minutes of May 23, 2022
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3у Cristina Aguilar, Deputy City Clerk
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