OF
CERTA
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, June 24, 2024 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 June 24, 2024 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); 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 Councilmember Rosalinda L. Vierra.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
None
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
Dave Pratt spoke regarding the hours at dog park.
John Warren spoke regarding Roeding Rd. and Ninth St. intersection and the status of a study for a stop sign.
MINUTES
Regular City Council Meeting
June 24, 2024
Gene Yeakley spoke regarding grant funding for traffic patrol.
Justin Farkas spoke regarding updates from Assemblyman Juan Alanis' office.
APPOINTMENTS TO BOARDS/COMMISSIONS
None
CONFLICT OF INTEREST DECLARATION
None
CONSENT CALENDAR
Clerks Report of Posting. The agenda of the June 24, 2024 City Council Meeting was Posted on Wednesday, June 19, 2024. (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)
Approval of Minutes for the June 10, 2024 Regular City Council Meeting. (City Clerk)
Approval of Minutes for the June 18, 2024 Special City Council Meeting. (City Clerk)
Register of Audited Demand(s) Dated May 31, 2024 through June 11, 2024. (Esenwein)
6. General Correspondence - Information Only
a. Public Works Monthly Report for May 2024 (Royal)
7. Removed for separate consideration.
8. Resolution No. 2024-73, Approving a Three-Year Service Agreement with Motorola Solutions for Police Department Radio Maintenance and Authorizing the City Manager to Execute the Agreement. (Perry)
9. Removed for separate consideration.
10. Removed for separate consideration.
MINUTES
Regular City Council Meeting
June 24, 2024
11. Waiver of Second Reading and Adoption of Ordinance No. 2024-1081, An Ordinance of the City Council of the City of Ceres Adding Chapter 9, Construction and Demolition Waste of Title 6, Health and Sanitation, of the Ceres Municipal Code to Establish Administrative Procedures for Documenting Compliance with Senate Bill 1374 and the California Green Building Code Standards (CalGreen) for the Diversion of 65 Percent of Construction and Demolition Debris from Landfills. (Royal)
12. Resolution No. 2024-76, Approving a Letter of Support from the Ceres City Council to Present to Stanislaus Regional Transit Authority for the Transit and Intercity Rail Capital Grant Program (TIRCP). (City Manager)
13. Removed for separate consideration.
14. Removed for separate consideration.
15. Removed for separate consideration.
16. Removed for separate consideration.
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 1-6, 8, 11-12. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Silveira Mayor Lopez
Casey Vierra Martinez
Yes Yes Yes Yes Yes
CONSIDERATION OF ITEMS) REMOVED FROM THE CONSENT CALENDAR Item 7: Removed for separate consideration by Ceres resident, Gene Yeakley Resolution No. 2024-72, Approving a Three-Year Contract with the City of Newman for the Ceres Police Department to Provide Police Dispatch and Related Services and Authorizing the City Manager to Execute the Contract. (Perry) Gene Yeakley asked if this was a new agreement, where the revenue goes, and the impact it will have on City of Ceres dispatchers.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 7. Motion carried 4/1/0/0 by the following roll call vote:
MINUTES
Regular City Council Meeting
June 24, 2024
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. 2024-74, Approving Project Agreement #2 with Advanced Mobility Group to Provide Professional Traffic Engineering Services and On-Going Support Services for the City's Traffic Signal System and Authorizing the City Manager to Execute the Agreement. (Beltran)
Councilmember Vierra asked if the services would be throughout the city.
Mayor Lopez asked for public comment. The following members of the public spoke:
Dave Pratt spoke regarding traffic mitigation and travel time across the city.
John Warren spoke regarding coordination with CalTrans.
Mayor Lopez closed public comment.
Council and staff discussion included retiming all stop lights throughout the city, CalTrans coordination with synchronization, and coordinating with the school district.
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 9. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember l Councilmember Councilmember Vice Mayor
Vierra Silveira Mayor Lopez
Casey Martinez
Yes Yes Yes Yes Yes
Item 10: Removed for separate consideration by Councilmember Vierra Resolution No. 2024-75, Approving the Construction Contract for the Smyrna Park Playground to GameTime, Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Beltran)
Councilmember Vierra spoke regarding inclusive play for children with disabilities.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included inclusive play.
MINUTES
Regular City Council Meeting
June 24, 2024
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 10. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Mayor Lopez
Casey Vierra Martinez Silveira
Yes
Items 13, 14, 15, and 16: Removed for separate consideration by Ceres resident, John Warren
Resolution No. 2024-77, Ratifying the Memorandum of Understanding between the City of Ceres and the First Line Supervisor Group and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez) Resolution No. 2024-78, Ratifying the Memorandum of Understanding between the City of Ceres and Mid Managers Bargaining Group and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez) Resolution No. 2024-79, Ratifying the Memorandum of Understanding between the City of Ceres and Ceres Police Officers' Association and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez) Resolution No. 2024-80, Ratifying the Memorandum of Understanding between the City of Ceres and Ceres Public Safety Mid Managers Association and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)
John Warren spoke regarding the fiscal impact the wage increases will have on the City.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included a previous discussion regarding a preliminary budget.
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 13 - 16. 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
MINUTES
Regular City Council Meeting
June 24, 2024
NEW BUSINESS
17. Resolution No. 2024-81, Accepting the 2023-24 Military Equipment Annual Report and Approving the Military Equipment Funding, Acquisition and Use Policy. (Perry) Police Chief, Chris Perry, introduced the item.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included adopting a multi-year report and state legislature.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 17. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silveira
Yes Yes Yes Yes Yes
18. City Attorney, Nubia Goldstein, introduced the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
Dave Pratt spoke in favor of allowing Zoom comments.
John Warren spoke in favor of allowing Zoom comments.
Mayor Lopez closed public comment.
Council and staff discussion included supporting Zoom commenting, Zoom allowing viewers who are unable to physically attend to participate, and the current status of Zoom bombings.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving the use of Zoom comments during City Council meetings. Motion carried 5/0/0/0 by the following roll call vote:
MINUTES
Regular City Council Meeting
June 24, 2024
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silveira
Yes Yes Yes Yes Yes
UNFINISHED BUSINESS
19. Resolution 2024-82, Adopting the Amended City Council Rules and Procedures Handbook Dated June 2024. (City Attorney)
City Attorney, Nubia Goldstein, introduced the item.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included who has the authorization to suspend Zoom comments.
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 19 with inclusion of the action approved in item 18. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Vierra Mayor Lopez
Casey Martinez Silveira
Yes Yes Yes Yes Yes
PUBLIC HEARING
20. Second Reading and Adoption of Ordinance No. 2024-1082, An Ordinance of the City Council of the City of Ceres Amending Title 15, Buildings and Construction, Chapter 8, California Fire Code, of the Ceres Municipal Code to Adopt the 2022 California Fire Code. (Wise)
Fire Chief, Kevin Wise, introduced the item.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed the public hearing.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 20. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Casey VierraR Martinez Silveira Mayor Lopez
Yes Yes Yes Yes Yes
MINUTES
Regular City Council Meeting
June 24, 2024
21. Ordinance No. 2024-XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 15 of the City of Ceres Municipal Code and Adopting by Reference the California Code of Regulations Title 24, 2022 Edition, of the California Building Standards Code and to Set a Public Hearing on July 22, 2024, for a Second he cateria code of sailor Reading and Adoption of the Ordinance. (Simvoulakis)
Community Development Director, Lea Simvoulakis, introduced the item.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed the public hearing.
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 21. Motion carried 5/0/0/0 by the Councilmember Councilmember Councilmember Vice Mayor
Silveira Mayor Lopez
Casey Vierra Martinez
Yes Yes Yes Yes Yes
22. Resolution No. 2024-83, Approving an Agreement for Turnkey Design and Construction Energy Services with Schneider Electric Buildings Americas, Inc. for the Design and Construction of an Energy Services Project for the City of Ceres Wastewater Treatment Plant Improvements and Upgrades and Authorizing the City Manager to Execute the Agreement. (Royal)
Engineering Services Director/City Engineer, Michael Beltran, introduced the item.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed the public hearing.
Council and staff discussion included how the project will be funded, what funds will be used, the effect it will have on enterprise accounts, rate increases, and the impact the project will have on taxpayers.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 22. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Casey Vierra Martinez Silvera Mayor Lopez
Yes Yes Yes Yes Yes
23. Resolution No. 2024-84, Authorizing the Annexation of 3605 gth Street (APN: 127- 025-009) into the Community Facilities District No. 3, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors.
Community Development Director, Lea Simvoulakis, introduced the item.
MINUTES
Regular City Council Meeting
June 24, 2024
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed the public hearing.
Council and staff discussion included the effect the action has on the assessed value of the home, defining annexation for this item, notification of all necessary parties, and the parcel map.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 23. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silvera
Yes Yes Yes Yes Yes
City Clerk, Fallon Martin, announced the result of the property owner vote.
Qualified Landowner Votes: 1
Votes Casted: 1
Votes Yes: 0
Votes No: 1
Council and staff discussion included the steps taken leading up to the Council meeting, the purpose for the annexation, the voting process, the required sequences of events, language the information was provided in, and that no further action was required due to the landowner voting no.
Resolution No. 2024-XXX, Declaring the Results of a Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the First Amendment to Notice of Special Tax Lien.
Ordinance No. 2024-XXXX, An Ordinance of the City Council of the City of Ceres Introducing and Waiving the First Reading of Authorizing and Levying of Special Taxes in Community Facilities District No. 3, Including Annexation No. 1. (Simvoulakis)
DISCUSSION ITEMS
None
COUNCILMEMBER REFERRALS
None
MINUTES
Regular City Council Meeting
June 24, 2024
REPORTS
• Mayor
Nothing to report.
• City Council
Councilmember Martinez spoke regarding Concerts in the Park, Skies the Limit, and a drone firework show put on by South Modesto Business United.
Councilmember Vierra spoke regarding Tuscany Village, Concerts in the Park, Ceres Garden Club, Affordability in the Valley town hall meeting on July 9, 2024, and the We Care Program.
Vice Mayor Silvera spoke regarding Fire Chief, Kevin Wise's promotion. • City Manager
Nothing to report.
• City Attorney
Nothing to report.
• Departments
Police Chief, Chris Perry, spoke regarding the Torch Run on June 25, 2024. • County Supervisor
Nothing to report.
CLOSED SESSION
24. Conference with Labor Negotiators, Cal Gov't Code §54957.6(a) Agency Designated Representative: 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
25. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Vincent Hooper
Agency Claimed Against: City of Ceres
MINUTES
Regular City Council Meeting
June 24, 2024
REPORT FROM CLOSED SESSION
Mayor Lopez reported that direction was given to staff for items 24 and 25.
ADJOURNMENT
The next scheduled City Council Meeting will be held on July 8, 2024, 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 8:34 p.m.
Tauon asti
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.