City Council meeting was conducted in accordance with Assembly Bill 361 , Ceres Resolution 2022- 137 and COVID- 19 pandemic protocols. This meeting was open to the public with limited capacity seating.
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MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
via ZOOM and in- person)
City Council Chambers, 2701 Fourth Street
Monday, April 10, 2023 at 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 April 10, 2023 meeting to order at 6:00 p.m.
ROLL CALL — Present:
Mayor: Javier Lopez
Vice Mayor: Bret Silveira ( District 3)
Councilmembers: James Casey ( District 1); Rosalinda L. Vierra ( District 2); Daniel A.
Martinez ( District 4)
District 1 District 2 District 4 District 3
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silveira
Present Present Present Present Present
INVOCATION
Invocation by Tim Giannosa, Big Valley Grace Community Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
A. National Public Safety Telecommunicators Week Proclamation Lt. Keith Griebel accepted the proclamation.
B. Opportunity Stanislaus Update
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Regular City Council Meeting
April 10, 2023
Opportunity Stanislaus CEO, Dave White, provided an update on Opportunity Stanislaus.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda( five minutes)
Miguel Donoso spoke regarding the underserved community.
City Clerk, Fallon Martin, read an email into the record from Pedro Ramirez regarding the CDBG and HOME Annual Action Plan.
APPOINTMENTS TO BOARDS/ COMMISSIONS
None
CONFLICT OF INTEREST DECLARATION
None
CONSENT CALENDAR
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 1- 5 and 7- 8. Motion carried 5/0/0 by the following roll call vote:
I Councilmember' Councilmember Councilmember Vice Mayor Mayor Lopez
Casey Vierra Martinez Silveira
Yes Yes Yes Yes Yes
1. Clerks Report of Posting. The agenda of the April 10, 2023 City Council Meeting was Posted on Wednesday, April 5, 2023. ( 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 read by title). ( City Clerk)
3. Approval of Minutes for the March 22, 2023 Special City Council Meeting. ( City Clerk)
4. Approval of Minutes for the March 23, 2023 Special City Council Meeting. ( City Clerk)
5. Approval of Minutes for the March 27, 2023 Regular City Council Meeting. ( City Clerk)
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Regular City Council Meeting
April 10, 2023
6. Removed for separate consideration.
7. Waiver of Second Reading and Adoption of Ordinance No. 2023- 1074, An Ordinance of the City Council of the City of Ceres Amending Chapter 9. 16, Parks, Public Property, and Public Facilities, of Title 9, Public Peace, Safety and Morals, of the Ceres Municipal Code to Restrict Recreational Fishing in the River Bluff Regional Park Lower Terrace Retention Pond. ( Royal)
8. Resolution No. 2023- 42, Awarding the Construction Contract for CDBG Morrow Village Phase 2 Sidewalk Improvements to United Pavement Maintenance Inc. and Authorizing Construction Support, a 10% Contingency, a Budget Amendment, and the City Manager to Execute the Contract. ( Waugh)
9. Removed for separate consideration.
10. Removed for separate consideration.
11 . Removed for separate consideration.
CONSIDERATION OF ITEM( S) REMOVED FROM THE CONSENT CALENDAR Item 6: Removed for separate consideration by Councilmember Casey Register of Audited Demand( s) Dated March 22, 2023 through March 29, 2023.
Dias)
Councilmember Casey spoke regarding a fitness equipment purchase for Fire Station 1 .
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Council and staff discussion included the budget and items the City is responsible for according to the contract with Modesto Fire.
Action: Motion by Councilmember Martinez, seconded by Councilmember Vierra, approving item 6. Motion carried 4/ 1/ 0 by the following roll call vote:
Councilmember Councilmember Councilmember
1 Vice Mayor
Mayor Lopez
CaseyVierra Martinez Silveira y p
No Yes Yes Yes Yes
Item 9: Removed for separate consideration by Councilmember Casey
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Regular City Council Meeting
April 10, 2023
Resolution No. 2023- 43, Authorizing the City Manager to Accept the Well 42 Design and Construction Project as Complete, Approve the Balancing Contract Change Order, Authorize the Filing of the Notice of Completion, and Release the Retention to the Contractor. ( Royal)
Councilmember Casey pulled the item in error.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 9. Motion carried 5/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Mayor Lopez
Casey Vierra Martinez Silveira
Yes Yes Yes Yes Yes
Item 10: Removed for separate consideration by Councilmember Casey Consideration to Cancel the Second Regularly Scheduled City Council Meeting on May 22, 2023. ( City Clerk)
Councilmember Casey asked for more information regarding the potential cancellation of the meeting.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren spoke regarding proceeding with the meeting via Zoom or rescheduling to a later date.
Alvaro Franco spoke regarding rescheduling the meeting.
Mayor Lopez closed public comment.
Council and staff discussion included the " just cause" exception under AB 2449, and Mayor Lopez and Councilmember Vierra joining via Zoom Council consensus to continue with meeting as scheduled.
Item 11: Removed for separate consideration by Councilmember Vierra Resolution No. 2023- 44, Adopting in Concurrence with Stanislaus Urban County Consortium FY 2023- 2024 CDBG and HOME Annual Action Plan and Support of
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Regular City Council Meeting
April 10, 2023
Submission to Housing and Urban Development ( HUD). ( Hoem) Councilmember Vierra spoke regarding the amount of time the public and council was given to comment on the action plan before being brought to council, the down payment system, and low- income housing.
Mayor Lopez asked for public comment. The following members of the public spoke:
Tony Madrigal inquired on the projects the money has been used for in the past.
Miguel Donoso spoke regarding housing for low-income families and the previous use of ARPA funds.
Mayor Lopez closed public comment.
Council and staff discussion included public outreach, benefits to being part of the consortium, phases of the Morrow Village project, advertising for the outreach meeting and scheduling an additional meeting for community outreach.
Action: Motion by Councilmember Martinez, seconded by Councilmember Vierra, to table item 11 for two weeks. Motion carried 4/ 1/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Mayor Lopez
Casey Vierra Martinez Silveira
Yes Yes Yes Yes No
UNFINISHED BUSINESS
None
PUBLIC HEARING
12. Ordinance No. 2023- 1075, Amending Title 18, Zoning, Chapter 25, Off- Street Parking Standards, Subsection 010, Off- Street Parking Facilities of the Ceres Municipal Code to Allow Excess Vehicular Parking Areas, Beyond the Minimum Required, to be Gravel Surfaces with Certain Conditions. ( Hoem) Community Development Director, Christopher Hoem introduced the item.
Council and staff discussion included will the reduction dust, how excess parking is determined, striping requirements, depth of the gravel, and dirt parking lots at other organizations.
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Regular City Council Meeting
April 10, 2023
Mayor Lopez opened the public hearing and asked for public comment. The following members of the public spoke:
Nelson Gomez spoke regarding the need for a resolution and applying the ordinance evenly to all organizations.
Cynthia Ruiz spoke regarding the effects the parking lot closure has had on businesses and vendors.
Jorge Salinas spoke regarding the safety of parking inside El Rematito versus on the street.
Gabrielle spoke regarding applying the ordinance fairly to all organizations.
Dave Pratt spoke regarding the enforcement of the ordinance.
John Warren spoke regarding the enforcement of the ordinance, parking attendants and number of parking spaces.
Guadalupe Zaragosa spoke regarding the dust created by farmers near El Rematito.
Tony Madrigal spoke regarding the minimum depth of the gravel, the size of the crushed rock or stone, and the use of ag industrial products instead of gravel.
Miguel Donoso spoke regarding the amount of business El Rematito brings to the City from nearby areas.
Alvaro Franco spoke regarding his family coming from out of town to visit El Rematito and the enforcement of the ordinance.
Mayor Lopez closed the public hearing and public comment.
Council and staff discussion included code enforcement and the use of a suitable alternative to gravel.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 12 with the following edit for material to be used " rock, crushed stone, or alternative material as approved by the Community Development Director." Motion carried 5/ 0/ 0 by the following roll call vote:
Councilmember Councilmember ' T Councilmember Vice Mayor Mayor Lopez
Casey Vierra Martinez Silveira
Yes Yes Yes Yes Yes
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Regular City Council Meeting
April 10, 2023
13. Resolution No. 2023- 45, Approving an Update and Amendment to the Fire Prevention User Fees for Plan Checks, Inspections, Permits, and Miscellaneous Activities. ( Hoem)
Community Development Director, Christopher Hoem introduced the item.
Council and staff discussion the fee schedule.
Mayor Lopez opened the public hearing and asked for public comment. The following members of the public spoke:
Alvaro Franco spoke regarding the rate increase in relation to the number of inspections the Fire Department does.
Mayor Lopez closed the public hearing and public comment.
Council and staff discussion included cost recovery and old fees versus new fees.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Casey, approving item 13. Motion carried 4/1/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Mayor Lopez
Casey Vierra Martinez Silveira
Yes Yes No Yes Yes
NEW BUSINESS
None
DISCUSSION ITEMS
14. Discussion Regarding City Revenues. ( Dias)
Finance Director, Leticia Dias, introduced the item.
Council and staff discussion included the languages information for Proposition 218 was provided in the past, the departments Measure H funds are used for, what gasoline sales tax funds go to and monitoring of business license tax.
Mayor Lopez asked for public comment. The following members of the public spoke:
Miguel Donoso asked for clarification on how the $ 85 million across all funds referenced in the staff report was divided.
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Regular City Council Meeting
April 10, 2023
Mayor Lopez closed public comment.
Council' s direction to staff was to do a fee study of user fees and development impact fees and to wait until they are further into what the FY 2023/ 2024 budget looks like before a sales tax measure is considered.
COUNCILMEMBER REFERRALS
15. Display of City Council Portraits Past and Present Outside Council Chambers Requested by Mayor Lopez)
16. Display of Mayor Portraits Past and Present Outside Council Chambers Requested by Mayor Lopez)
Council discussed both items concurrently. Council' s direction to staff was to bring the item back with an estimated cost and projection of staff time to complete.
REPORTS
Mayor
Mayor Lopez spoke regarding his participation, as grand marshal, in the Cinco de Mayo parade hosted by South Modesto Business United on May 6th City Council
Councilmember Martinez spoke regarding the success of the EGGstravaganza Easter Event.
Councilmember Vierra spoke regarding a job fair coming July 6th, tax preparation services available at the Ceres Community Center, the success of the EGGstravaganza event, a grant for a summer arts program, the progress of helping the unsheltered and her participation in the Walk a Mile in her Shoes Event, the Economic Development Action Committee meeting, and Small Business Workshop in April.
Councilmember Casey spoke regarding agencies that helped a homeless Veteran and their family in the City of Ceres.
City Manager
City Manager, Alex Terrazas, spoke regarding his attendance at the informal swearing- in of Lt. Hudson and Sgt. Blount for Ceres Police Department.
City Attorney
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Regular City Council Meeting
April 10, 2023
Nothing to report.
Departments
Assistant Fire Chief, Kevin Wise, spoke regarding the memorial service for Captain Doug McCullough and that surrounding fire department agencies would be covering Ceres during the services.
County Supervisor
Gavin Cline, Field Representative for Congressman John Duarte, spoke regarding the Congressman' s support of quality health care being available to all Americans.
CLOSED SESSION
17. Conference with Legal Counsel — Existing Litigation, Cal. Gov.' t Code 54956. 9( d)( 1)
Name of Case: NATIONAL PRESCRIPTION OPIATE LITIGATION, United States District Court, Northern District of Ohio, Eastern Division, Case No. 1: 17- md- 2804
18. Conference with Labor Negotiators, Cal Gov' t Code § 54957. 6( a) Agency Designated Representative: City Manager, Alex Terrazas and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers' Association Employee Organization: First Line Supervisors/ Confidential Bargaining Group Employee Organization: Laborers' International Union of North America ( LiUNA!) Employee Organization: Mid- Managers Bargaining Group
Employee Organization: Public Safety Managers
REPORT FROM CLOSED SESSION
Mayor Lopez reported the following:
Council voted 5/0/0 to proceed with litigation on item 17.
There was no reportable action on item 18.
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on April 24, 2023 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 9: 45 p. m.
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Regular City Council Meeting
April 10, 2023
ier Lop , ayor
Cristina Aguilar, Dep City Clerk
for 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.