OF
CERES,
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, July 8, 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 July 8, 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 Silvera
Present Present Present Present Present
INVOCATION
Invocation by David Broyles, Bethel Tabernacle Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
Police Chief, Chris Perry, and Fire Chief, Kevin Wise, provided a report regarding the 4th of July holiday.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
Gene Yeakley spoke regarding the 4th of July holiday and the collection of administrative citation fines.
Josh Lepper spoke regarding Miscellaneous Bargaining Unit.
MINUTES
Regular City Council Meeting
July 8, 2024
APPOINTMENTS TO BOARDS/COMMISSIONS
None
CONFLICT OF INTEREST DECLARATION
None
CONSENT CALENDAR
Clerks Report of Posting. The agenda of the July 8, 2024 City Council Meeting was Posted on Tuesday, July 2, 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 24, 2024 Regular City Council Meeting. (City Clerk)
Register of Audited Demands) Dated June 20, 2024 through June 27, 2024. (Esenwein)
Removed for separate consideration.
Removed for separate consideration.
Removed for separate consideration.
8. Removed for separate consideration.
9. Removed for separate consideration.
10. Removed for separate consideration.
11. Resolution No. 2024-91, Ratifying the Application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership Grant to Reimburse up to Fifty Percent (50%) of the Purchase Cost of Ballistic Vests for the Police Department. (Perry)
12. Removed for separate consideration.
13. Removed for separate consideration.
14. Removed for separate consideration.
MINUTES
Regular City Council Meeting
July 8, 2024
15. Resolution No. 2024-96, Approving a Memorandum of Understanding with the Stanislaus County Area Agency on Aging for the Senior Lunch Program and Authorizing the City Manager to Execute the Memorandum of Understanding. (Chavez)
16. Authorizing the City Manager to Execute the Memorandum of Understanding. (Chavez)
Resolution No. 2024-98, Authorizing the City Manager to Enter into an Amended Memorandum of Understanding with the Stanislaus Council of Governments for the Third and Final Suballocation of the Regional Early Action Planning Grant and Approving a Budget Amendment. (Simvoulakis)
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving items 1-4, 11, and 15-17. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Silvera Mayor Lopez
Casey Vierra Martinez
Yes Yes Yes Yes Yes
CONSIDERATION OF ITEMS) REMOVED FROM THE CONSENT CALENDAR Item 5: Removed for separate consideration by Mayor Lopez, Councilmember Martinez, and Ceres resident, John Warren
Resolution No. 2024-85, Approving the Updated Use of the Range Revenue Funds Received from the Rental of the Ceres Police Range. (Perry) Mayor Lopez spoke regarding the account balance.
John Warren spoke regarding improvements, training, and maintenance at the range.
Councilmember Martinez spoke regarding the rental fee for outside agencies and when the fees were established.
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 5. Motion carried 3/2/0/0 by the following roll call vote:
MINUTES
Regular City Council Meeting
July 8, 2024
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silveira
No
Item 6: Removed for separate consideration by Mayor Lopez Resolution No. 2024-86, Approving the Construction Contract for the Richland Sanitary Sewer Replacement Project (New Project String) to Rolfe Construction Inc., Authorizing a 10% Contingency, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Beltran) Mayor Lopez spoke regarding the funding for the project.
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 6. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey VierraR Martinez Silveira
Yes
Item 7: Removed for separate consideration by Mayor Lopez Resolution No. 2024-87, Approving the Construction Contract for Central Avenue Storm Drain Repair to Rolfe Construction Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Beltran) Mayor Lopez spoke regarding this during item 6.
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 7. 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
MINUTES
Regular City Council Meeting
July 8, 2024
Items 8: Removed for separate consideration by Mayor Lopez Resolution No. 2024-88, Approving Project Agreement #3 to the Master Agreement for Professional Consultant Services for Non-Federal Project with Engeo Incorporated for Construction Observation, Materials Testing, and Inspection Services of the Richland Sanitary Sewer Replacement Project, and Authorizing the City Manager to Execute the Contract. (Beltran) Mayor Lopez spoke regarding this item during item 6.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Action: Motion by Councilmember Martinez, seconded by
Councilmember Vierra, approving item 8. 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
Items 9: Removed for separate consideration by Councilmember Vierra Resolution No. 2024-89, Approving a Contract Extension with JJACPA, Inc. to Perform the Annual Audit of the City of Ceres and its Component Units for Fiscal Year Ending June 30, 2023 and June 30, 2024. (Esenwein) Councilmember Vierra spoke regarding auditing compliance.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included best practices, the Sarbanes-Oxley Act, using the same auditor, and next steps if the item was not approved.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Casey, approving item 9. 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 No Yes Yes
MINUTES
Regular City Council Meeting
July 8, 2024
Items 10: Removed for separate consideration by Councilmember Vierra Resolution No. 2024-90, Approving a Budget Amendment to Allocate Funds from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Allocation Fund for the Purchase of an Infrared Sauna, ColdTub and Accessories for Officer Wellness. (Perry)
Councilmember Vierra spoke regarding placement location, liability, chemical cost, and sanitation.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren spoke regarding the maintenance and monitoring of the water chemistry.
Council and staff discussion included location of the units, safety implementation for slip hazards, outfit of the room the units will be stored within, cleaning schedule, and where the units are being purchased from.
Action: Motion by Vice Mayor Silveira, seconded by Councilmembe Martinez, approving item 10. Motion carried 4/1/0/0 by thi following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silveira
No Yes Yes Yes Yes
Items 12: Removed for separate consideration by Mayor Lopez Resolution No. 2024-92, Ratifying the Application for the California Attorney General Tobacco Grant Program. (Perry)
Mayor Lopez spoke in favor of the grant.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Councilmember Martinez spoke regarding a past meeting with staff where the liscussed ways to enforce the flavored tobacco ban.
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 12. Motion carried 5/0/0/0 by the following roll call vote:
MINUTES
Regular City Council Meeting
July 8, 2024
Councilmember | Councilmember Councilmember Vice Mayor
Silveira Mayor Lopez
Casey Vierra Martinez
Yes Yes Yes Yes Yes
Items 13: Removed for separate consideration by Mayor Lopez Resolution No. 2024-93, Ratifying the Application for the U.S. Department of Justice School Violence Prevention Program Grant. (Perry) Mayor Lopez spoke in favor of the grant.
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 13. Motion carried 5/0/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor
Vierra Silvera Mayor Lopez
Casey Martinez
Yes Yes Yes Yes Yes
Items 14: Removed for separate consideration by Councilmember Martinez and Ceres Resident, John Warren
A) Resolution No. 2024-94, Approving a Professional Services Agreement with VIP Audio Visual Company to Perform Audio Visual Upgrades to the Council Chambers, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (City Clerk)
B) Resolution No. 2024-95, Authorizing the Use of the American Rescue Plan Act Funds to Complete Audio Visual Equipment Upgrades for the City Council Chambers. (City Clerk)
John Warren spoke regarding the functionality of the existing audio-visual setup in the Council Chambers and the company that maintains the equipment.
Councilmember Martinez spoke regarding the company who will be performing the upgrades, rechargeable microphones, and the push-to-talk system.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included difficulty hearing during the meetings.
MINUTES
Regular City Council Meeting
July 8, 2024
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Marine rol calving item 14. Motion caried 41100 by the
Councilmember Councilmember Councilmember Vice Mayor Mayor Lopez Casey Vierra Martinez Silveira
No Yes Yes Yes Yes
NEW BUSINESS
None
UNFINISHED BUSINESS
None
PUBLIC HEARING
None
DISCUSSION ITEMS
None
COUNCILMEMBER REFERRALS
Developing a policy regarding event notification to all councilmembers. (Requested by Councilmember Vierra)
Developing a citizen advisory committee with councilmembers and school board members to get more involvement in various sporting events.
(Requested by Councilmember Martinez)
Follow-up on a previous referral regarding amending the Leaf & Limb Program in the Bertolotti Franchise Agreement.
(Requested by Councilmember Martinez)
REPORTS
• Mayor
Mayor Lopez spoke regarding Whitmore Mansion tour, Central Valley High School's fireworks booth, San Jose Earthquakes 50th anniversary, military banner program, American Legion Hall grant program, public safety promotions, Law Enforcement Torch Run, Skies the Limit video, Concerts in the Park, fourth of July festivities, and Ceres Blaze baseball team.
MINUTES
Regular City Council Meeting
July 8, 2024
• City Council
Councilmember Vierra spoke regarding the homeless alliance committee, affordable housing, Tuscany Village, job fair on July 11th , San Jose Earthquakes soccer game, Concerts in the Park, dog vaccination, licensing, and microchip clinic, SMBU 4th of July events, and Town Hall meeting on July 10th.
Councilmember Martinez spoke regarding Concerts in the Park.
Vice Mayor Silvera spoke regarding the Roger's Run.
• City Manager
Nothing to report.
• City Attorney
Nothing to report.
• Departments
Economic Development/Redevelopment Manager, Julian Aguirre, spoke regarding the job fair on July 11th
County Supervisor
Nothing to report.
CLOSED SESSION
18. 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: Laborers' International Union of North America (LiUNA!)
19. Conference with Legal Counsel - Anticipated Litigation, Cal. Gov't Code §54956.9(d)(2)
"For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist... A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency." Potential Case(s): 1 case
20. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Ruben Juares
Agency Claimed Against: City of Ceres
MINUTES
Regular City Council Meeting
July 8, 2024
REPORT FROM CLOSED SESSION
Items 18 and 19:
Mayor Lopez reported that direction was given to staff.
Item 20:
• The liability claim was denied with a 5/0/0/0 vote.
ADJOURNMENT
The next scheduled City Council Meeting will be held on July 22, 2024, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, There being no further business, Mayor Lopez adjourned the meeting at 7:38 p.m.
Yauon wasti
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.