OF
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, November 13, 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 November 13, 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. Small Business Saturday Proclamation
Ceres Chamber of Commerce President, Brandy Meyer, accepted the proclamation.
B. Lung Cancer Awareness Month Proclamation
Mayor Lopez presented the proclamation.
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CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
Sophea Tuy spoke regarding the median at Morgan Rd. & Service Rd.
Manny Obaid spoke regarding the median at Morgan Rd. & Service Rd and submitted a petition.
Tom Mitsopoulos spoke regarding the median at Morgan Rd. & Service Rd.
Angie Riley spoke regarding the traffic at Blaker-Kinser Junior High School.
Shawna Moore spoke regarding the Hometown Heroes Banner Program.
Violet Saveh spoke in regard to being a small business owner in Ceres and signage for businesses.
Virginia Guitron spoke regarding the median at Morgan Rd. & Service Rd.
Pete Samaniego spoke regarding the Hometown Heroes Banner Program.
Dave Bridges spoke regarding traffic at Morgan Rd. & San Pedro Ave.
John Warren spoke regarding the Hometown Heroes Banner Program.
Freddy Morales spoke regarding the Hometown Heroes Banner Program.
Shane Parson spoke regarding a Thanksgiving dinner he is sponsoring on Thursday, November 16, 2023 at the Ceres Community Center.
Gene Yeakley spoke regarding public attendance at City Council meetings, Hometown Heroes Banner Program, and funding for traffic control.
City Clerk, Fallon Martin, read an email into the record from David Bridges regarding Morgan Rd. & San Pedro Ave.
City Clerk, Fallon Martin, read an email into the record from Jenny Weese regarding public service employee salaries for the City of Ceres.
City Clerk, Fallon Martin, read an email into the record from Vanessa Crane regarding the median at Morgan Rd. & Service Rd.
City Clerk, Fallon Martin, read an email into the record from Stephanie Marquez regarding the median at Morgan Rd. & Service Rd.
City Clerk, Fallon Martin, read an email into the record from Nick Maynard regarding the
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Regular City Council Meeting
November 13, 2023
median at Morgan Rd. & Service Rd.
City Clerk, Fallon Martin, read an email into the record from Dennis Brazil regarding the City Manager recruitment
APPOINTMENTS TO BOARDS/COMMISSIONS
C. Interview Process for Appointment to the Planning Commission Community Development Director, Christopher Hoem, introduced the item.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included appointing Mayor Lopez and Councilmember Martinez to the sub-committee for Planning Commission interviews.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, appointing Mayor Lopez and Councilmember Martinez to serve as the sub-committee for Planning Commission
interviews. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Vierra Silveira Mayor Lopez
Casey Martinez
Yes Yes Yes Yes Yes
CONFLICT OF INTEREST DECLARATION
None
CONSENT CALENDAR
Consent Calendar item 5 were removed by John Warren.
Consent Calendar items 9, 11, 12, and 13 were removed by Councilmember Vierra.
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 1 - 4, 6 - 8, and 10. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Casey Vierra Martinez Silveira Mayor Lopez
Yes Yes Yes Yes Yes
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Clerks Report of Posting. The agenda of the November 13, 2023 City Council Meeting was Posted on Wednesday, November 8, 2023. (City Clerk) 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 following Regular City Council Meetings. (City Clerk) a. October 9, 2023
b. October 23, 2023
4. Register of Audited Demand(s) Dated October 12, 2023 through October 25, 2023. (City Manager)
5. Removed for separate consideration.
6. Consideration to Cancel the Regularly Scheduled City Council Meeting of December 25, 2023. (City Clerk)
7. Resolution No. 2023-143, Approving a Filing Fee for Massage Establishments, Schools of Massage, Every Person Who Proposes to Engage in the Practice of Massage, and Every Person Who Proposes to be an Instructor or Trainee in a School of Massage. (Collins)
Resolution No. 2023-144, Awarding a Professional Engineering Services Contract for the Storm Drain Master Plan (SDMP) - Programmatic CEQA Initial Study and Mitigated Negative Declaration to Black Water Consulting Engineers, Authorizing a Budget Amendment, and Authorizing the Interim City Manager to Execute the Contract. (Royal)
Removed for separate consideration.
10. Resolution No. 2023-146, Awarding the Construction Contract for Well 38 Discharge and Irrigation Project to Rolfe Construction Inc., Authorizing a 10% Contingency, and Authorizing the Interim City Manager to Execute the Contract. (Waugh)
11. Removed for separate consideration.
12. Removed for separate consideration.
13. Removed for separate consideration.
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CONSIDERATION OF ITEMS) REMOVED FROM THE CONSENT CALENDAR Item 5: Removed for separate consideration by John Warren Consideration to Cancel the Regularly Scheduled City Council Meeting of November 27, 2023. (City Clerk)
John Warren spoke regarding the purpose of cancelling the Regular City Council Meeting on November 27, 2023.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included why there is a request to cancel the Regular City Council Meeting on November 27, 2023.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 5. Motion carried 4/1/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silveira
No Yes Yes Yes Yes
Item 9: Removed for separate consideration by Councilmember Vierra Resolution No. 2023-145, Authorizing a Budget Amendment and Authorizing the Interim City Manager to Purchase a Ford F-150 Electric Vehicle (EV) from Rush Ford for Use by the Public Works Superintendent. (Royal) Councilmember Vierra spoke regarding the expense of the project, how it will be paid for, and the deadline to apply for the grant.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included tabling the item to ensure the grant deadline has not passed, the accessibility of obtaining the vehicle, purchasing the truck through a Ceres car dealership, and whether money is budgeted.
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Motor Counciner Silveira, approving item 9. Motion carried 3/2/0/0 by the following roll call vote:
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Councilmember / Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silveira
No No Yes Yes Yes
Item 11: Removed for separate consideration by Councilmember Vierra Resolution No. 2023-147, Approving Spectrum Enterprise Internet for a Three- Year Term and Authorizing the Interim City Manager to Execute the Agreement. (Frederick)
Councilmember Vierra spoke regarding the cost difference, internet speed, anc whether the cost was budgeted
Mayor Lopez asked for public comment.
John Warren inquired as to whether this would provide Wi-Fi and internet at the American Legion Hall.
Mayor Lopez closed public comment.
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 11. Motion carried 4/1/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Silvera Mayor Lopez
Casey Vierra Martinez
No Yes Yes Yes Yes
Item 12: Removed for separate consideration by Councilmember Vierra Resolution No. 2023-148, Approving a Budget Amendment to Correct the 23475.029900 Budget Account to Reflect the Balance of the Awarded SB2 Grant. (Hoem)
Councilmember Vierra spoke regarding how and underestimation of the budget occurred and why actuals were not reflected in the budget.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included how the mistake was caught and audit of the City budget.
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Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 12. Motion carried 3/2/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra • Martinez Silveira
No No Yes Yes Yes
Item 13: Removed for separate consideration by Councilmember Vierra Resolution No. 2023-149, Approving an Expenditure to Remodel the Building Division Office Area and Authorizing the Interim City Manager to Execute the Contract with Integrated Systems. (Hoem)
Councilmember Vierra spoke regarding the approved uses for the SB 2 grant.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included confirmation from the Department of Housing the approved uses for the SB 2 grant.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 13. Motion carried 3/2/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silveira
No No Yes Yes Yes
UNFINISHED BUSINESS
None
PUBLIC HEARING
14. Ordinance No. 2023-XXXX, Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend Mobile Food Truck Regulations. (City Manager) Interim City Manager, Doug Dunford, introduced the item.
Mayor Lopez asked for public comment.
John Warren spoke regarding enforcement with the regulations pertaining to food truck vendors.
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Shane Parson spoke regarding the allowable uses of a-frame signs and placing tents and chairs on private property.
Violet Saveh spoke regarding the fees and requirements of the Stanislaus County Health Department.
Shawna Moore spoke regarding the benefits of a grub hub.
City Clerk, Fallon Martin, read an email into the record from Lisa Mantarro Moore with the Ceres Street Faire regarding the impact that food truck vendors would have on the annual Ceres Street Faire.
Mayor Lopez closed public comment.
Council and staff discussion included:
• regulations on private property;
• ordinance language related to private property;
• food truck committee's intention as it pertains to private property; • reason why the code needs to be revisited;
• moving the ordinance forward and revisiting item #6 of the presentation at a later date and ability to edit the proposed ordinance;
• tabling the ordinance to obtain additional public input; • the impact the ordinance will have on the Code Enforcement Division; • the affect tabling the ordinance would have on the Planning Commission; and
• if tabling the ordinance establishing parameters for the food truck committee (when they meet, how many times they meet, what they need to discuss, and when council wants the ordinance to be brought back).
Vice Mayor Silvera introduced a motion to approve #14 in the public hearing section striking prohibit table, tents, canopies, and seating at individual food trucks and authorize grub hub, special events, eatery food trucks in breweries, pubs, and bars, pending further investigation by the food truck committee.
Vice Mayor Silveira rescinded his motion.
Councilmember Casey introduced a motion to table the item and obtain additional public input, seconded by Councilmember Martinez.
Councilmember Martinez rescinded his second, motion failed due to lack of second.
Action: Motion by Councilmember Casey, seconded by
Councilmember Vierra, to table the item and obtain additional public input. Motion failed 2/3/0/0 by the following roll call vote:
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Regular City Council Meeting
November 13, 2023
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silveira
Yes Yes No No No
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 14 and have the food truck committee reconvene to address recommendation #6 of the presentation.
Motion carried 3/2/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silveira
No No Yes Yes Yes
15. Adding and Repealing Ceres Municipal Code Ordinances. (City Attorney) a. Ordinance No. 2023-XXXX, Adding Chapter 7, Protection of Critical Infrastructure, of Title 6, Health and Sanitation, to the Ceres Municipal Code.
City Attorney, Nubia I. Goldstein, introduced the ordinances.
Mayor Lopez asked for public comment. The following members of the public spoke:
Dave Pratt spoke regarding the treatment of the unhoused.
John Warren inquired about the public hearing for item 15c.
Mayor Lopez closed public comment.
Council and staff discussion included compliance with the law, critical infrastructure, how the ordinances will affect the Code Enforcement Division, encampment cleanups, and addressing the unhoused.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 15a. Motion carried 3/2/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Vierra Silveira Mayor Lopez
Casey Martinez
No No Yes Yes Yes
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 15b. Motion carried 4/1/0/0 by the following roll call vote:
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Councilmember Councilmember Councilmember Vice Mayor
Casey Vierra Silveira Mayor Lopez
Martinez
No Yes Yes Yes Yes
c. Ordinance No. 2023-XXXX, Repealing Section 18.28.120 - Overnight Camping in Residential, Commercial and Industrial Related Zoned Properties, of Chapter 18.28 Special Provisions, of Title 18, Zoning; adding Chapter 22, Camping Within City Limits, of Title 9, Public Peace, Satety and Morals, to the Ceres Municipal Code; and amending Title 6, Chapter 1, Section 6.01.160, Illegal/unauthorized dumping, of the Ceres Municipal Code.
This public hearing will be continued to a future Regular City Council Meeting.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren spoke regarding the staff report for item 15c.
Mayor Lopez closed public comment.
NEW BUSINESS
None
DISCUSSION ITEMS
16. Public Murals and the Creation of a Mural Ad Hoc Committee. (Hoem) Community Development Director, Christopher Hoem, introduced the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
Gene Yeakley spoke regarding the selection of the Mural Ad Hoc Committee members.
Irene Ortiz spoke regarding her experience with similar mural projects.
Mayor Lopez closed public comment.
Committee, reopening public comment, and having a sunset of three months for the Mural Ad Hoc Committee.
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Action: Motion by Councilmember Martinez, seconded by Mayor Lopez, approving a Mural Ad Hoc Committee consisting of Mayor Lopez, Councilmember Martinez, and Irene Ortiz. Motion carried 3/2/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Mayor Lopez
Casey Vierra Martinez Silveira
Yes No Yes No Yes
COUNCILMEMBER REFERRALS
None
REPORTS
• Mayor
Nothing to report
• City Council
Councilmember Casey spoke regarding his recent interaction with dispatch and thanked the City for the Hometown Heroes Banner Program.
Councilmember Vierra spoke regarding the creation of a hummingbird garden in front of the Ceres Library and Downtown Streets Team.
Councilmember Martinez spoke regarding Saturday, December 2nd being the opening of Christmas Tree Lane and Christmas festivities.
Vice Mayor Silveira spoke regarding the Stanislaus Regional Water Authority ribbon cutting event occurring Tuesday, November 14th.
• City Manager
Nothing to report.
• City Attorney
Nothing to report.
• Departments
Public Works Director, Samir Royal, spoke regarding the Stanislaus Regional Water Authority ribbon cutting event occurring Tuesday, November 14th.
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November 13, 2023
• County Supervisor
Nothing to report.
CLOSED SESSION
17. Conference with Labor Negotiators, Cal Gov't Code §54957.6(a) Agency Designated Representative: Interim City Manager, Douglas D. Dunford 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 out there was no direction given to staff.
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on December 11, 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 9:56 p.m.
Javier Lopez, Mayor
talonnasti
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.