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
* CITY
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in person)
City Council Chambers, 2701 Fourth Street
Monday, October 24, 2022 - 6:00 p.m.
Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez called the October 24, 2022 meeting to order at 6:00 p.m.
ROLL CALL - Present:
Mayor: Javier Lopez
Vice Mayor: Bret Silvera (District 3)
Councilmembers: James Casey (District 1) and Mike Kline (District 4) Note: District 2 - Vacant
District 1 District 4 District 3
Councilmember District 2 Councilmember Vice Mayor Mayor Lopez Casey Kline Silveira
Present VACANT Present Present Present
INVOCATION
Invocation by Pastor Jim Stochl, Harvest Presbyterian Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
A. Veterans Day Proclamation
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October 24, 2022
Mayor Lopez presented a Proclamation to Jack Dempsey, Bob Mattos, and Dave Huggins from the American Legion Ceres Post 491 and Steve Whitney from the Ceres Veterans of Foreign Wars Post in honor of Veterans Day.
B. Code Enforcement Officer Appreciation Week Proclamation Mayor Lopez presented a Proclamation to Captain Patrick Crane with the Ceres Police Department.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
John Warren spoke regarding POW/MIA flags being flown at City buildings.
City Clerk, Fallon Martin, read an email into the record from Alvaro Franco regarding mass texting software program.
APPOINTMENTS TO BOARDS/COMMISSIONS
None
CONFLICT OF INTEREST DECLARATION
None
CONSENT CALENDAR
Consent Calendar items 5 and 11 were removed by Councilmember Kline.
Consent Calendar item 9 was removed by John Osgood.
Action: Motion by Councilmember Kline, seconded by Vice Mayor Silveira, approving items 1 - 4, 6 - 8, 10, and 12. Motion carried 4/0/0 by the following roll call vote:
Councilmember Councilmember Vice Mayor
Mayor Lopez
Casey Kline Silvera
Yes Yes Yes Yes
Clerks Report of Posting. The Agenda of the October 24, 2022 City Council Meeting was Posted on Wednesday, October 19, 2022. (City Clerk)
2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings 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
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Regular City Council Meeting
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read by title). (City Clerk)
Approving Minutes of the October 10, 2022 Regular City Council Meeting. (City Clerk)
Register of Audited Demands) Dated October 5, 2022 through October 12, 2022. (Dias)
Removed for separate consideration.
Resolution No. 2022-134, Awarding a Pest Control Service Contract to Animal Damage Management, Inc., and Authorizing the City Manager to Execute the Contract. (Royal)
7. Resolution No. 2022-135, Awarding a Contract to TK Elevator Corporation for Elevator Maintenance Services and Authorizing the City Manager to Execute the Contract. (Royal)
8. Resolution No. 2022-136, Appropriating $10,000.00 from Water Contract Services for the Turf Removal Rebate Program. (Royal)
9. Removed for separate consideration.
10. Resolution No. 2022-138, Awarding a Professional Design Services Contract for Smyrna Park Improvements Project to O'Dell Engineering and Authorizing the City Manager to Execute the Contract. (Waugh)
11. Removed for separate consideration.
12. Resolution No. 2022-139, Approving a Professional Services Agreement for Professional Consulting Services with Marjorie Blom and Authorizing the City Manager to Execute the Contract. (Hoem)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR Item 5: Removed for separate consideration by Councilmember Kline General Correspondence - Information Only
a. Public Works Monthly Report for September 2022. (Royal) Councilmember Kline spoke regarding the Free Community Disposal Day being held on Saturday, February 4, 2022 from 8:00 a.m. - 12:45 p.m. at the River Bluff Regional Soccer Complex Parking Lot and thanked staff for setting up the event.
Mayor Lopez asked for public comment. The following members of the public spoke:
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Regular City Council Meeting
October 24, 2022
Gene Yeakley spoke regarding the community education and outreach staff will be doing for the event.
John Osgood spoke regarding the possibility of only requiring an identification card as opposed to a water bill to participate in the event.
John Warren spoke regarding utility bill inserts being used to advertise for the event.
Rosalinda Vierra spoke regarding the use of social media to advertise for the event.
Linda Kachel spoke regarding volunteering and walking door-to-door to leave flyers for the event.
Mayor Lopez closed public comment.
Action: Motion by Councilmember Kline, seconded by Vice Mayor Silveira, approving item 5. Motion carried 4/0/0 by the following roll call vote:
Councilmember Councilmember Vice Mayor
Silveira Mayor Lopez
Casey Kline
Yes Yes Yes Yes
Item 9: Removed for separate consideration by Ceres resident, John Osgood Resolution No. 2022-137, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (City Clerk)
John Osgood inquired as to what the noticing requirements would be for a councilmember attending a council meeting remotely if Council did not continue the authorization of Teleconferenced Public Meetings pursuant to Assembly Bill (AB) 361 and whether a Zoom meeting can be held with or without the usage of AB 361.
Councilmember Kline spoke regarding the noticing requirements for an elected official that is participating in the council meeting remotely.
City Attorney, Nubia Goldstein, spoke regarding how AB 361 applies to elected and appointed officials, the resolution not being required in order to hold a Zoom environment for council meetings, noticing requirements as a result of adopting AB 361 and if Council chooses not to adopt AB 361, the COVID-19 pandemic ending February 28, 2023, and that an informational update will be brought before Council as February 28, 2023 gets closer
Mayor Lopez asked for public comment. No one spoke.
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Mayor Lopez closed public comment.
Council and staff discussion included the need to continue with adopting the resolution until after the first of the year.
Action: Motion by Councilmember Kline, seconded by Vice Mayor Silveira, approving item 9. Motion carried 4/0/0 by the following roll call vote:
Councilmember Councilmember Vice Mayor Mayor Lopez
Casey Kline Silveira
Yes Yes Yes Yes
Item 11: Removed for separate consideration by Councilmember Kline Motion Accepting the 2020-2021 Measure H Financial Report for the Period Ending June 30, 2021. (Dias)
Councilmember Kline spoke regarding a potential discrepancy with the numbers included in the report.
Council and staff discussion included tabling the item so staff could meet with Councilmember Kline and research.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Kline, approving to table item 11. Motion carried 4/0/0 by the following roll call vote:
Councilmember Councilmember Vice Mayor Mayor Lopez
Casey Kline Silveira
Yes Yes Yes Yes
UNFINISHED BUSINESS
None
PUBLIC HEARING
13. Ordinance No. 2022-1073, An Ordinance of the City Council of the City of Ceres Amending Title 9, Public Peace, Morals and Welfare, of the Ceres Municipal Code to Add Chapter 22, Adopting a Military Equipment Use Policy. (City Attorney) City Attorney, Nubia Goldstein, introduced the item.
Mayor Lopez opened the public hearing. The following members of the public spoke:
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Regular City Council Meeting
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John Osgood read aloud the definition of "arms" as stated in the Edition of the Black's Law Dictionary (first edition).
John Warren spoke regarding the list of weapons the Ceres Police Department must disclose.
Council discussion included the list of equipment that must be disclosed as a result of the policy and adding Chapter 22 to the Ceres Municipal Code.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Kline, approving item 13. Motion carried 4/0/0 by the following roll call vote:
Councilmember Councilmember Vice Mayor
Kline Silveira Mayor Lopez
Casey
Yes Yes Yes Yes
NEW BUSINESS
14. Motion Accepting the 2020-2021 City of Ceres Audited Financial Statements and Audit Report for the Period Ending June 30, 2021. (Dias) Finance Director, Leticia Dias, introduced the item.
Auditor, Brett Jones, with JJA CPA presented the audit report.
Councilmember Kline requested the item be tabled so he can meet with staff.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Action: Motion by Councilmember Kline, seconded by
Councilmember Casey, approving to table item 14. Motion carried 4/0/0 by the following roll call vote:
Councilmember Councilmember Vice Mayor
Casey Kline Silveira Mayor Lopez
Yes Yes Yes Yes
DISCUSSION ITEMS
None
COUNCILMEMBER REFERRALS
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Regular City Council Meeting
October 24, 2022
None
REPORTS
At this time, any Councilmembers or City Staff will make an announcement or report briefly on his or her activities.
• Mayor
None
• City Council
Councilmember Casey spoke regarding his participation in the Out of the Darkness walk to fight suicide, the Center for Human Services having an office located in Ceres, and the Casa Cultural Tradiciones in Modesto hosting Día de los Muertos on Sunday, October 30, 2022 from 4:00 p.m. - 7:30 p.m.
Vice Mayor Silveira attended La Morenita's 50th anniversary celebration and gave a reminder of Trunk or Treat being held Saturday, October 29, 2022 from 2:00 p.m. - 4:00 p.m. at Whitmore Park.
• City Manager
None
• City Attorney
None
• Departments
Community Development Director, Christopher Holmes, introduced the City's new Economic Development Manager, Tamra Spade.
Recreation Manager, Joey Chavez, gave an overview of what to expect at Trunk or Treat 2022 and the Active Military Banner Ceremony on Tuesday, November 8, 2022 at 9:00 a.m. on the corner of Fourth Street and North Street.
Engineering Services Director/City Engineer, Kevin Waugh, thanked Recreation Manager, Joey Chavez, for all of his efforts, reminded all to use caution when driving Morgan Road, and the ATP survey is still available to take. • County Supervisor
None
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Regular City Council Meeting
October 24, 2022
CLOSED SESSION
None
REPORT FROM CLOSED SESSION
None
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on November 28, 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 7:06 p.m. -
Fallon Martin, City Clerk
Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/agenda center.