CityCouncilmeetingwasconductedinaccordancewithAssemblyBill361, CeresResolution2022-148 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.
OF CF
Hf R F
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
via ZOOM and in person)
City Council Chambers, 2701 Fourth Street
Monday, January 9, 2023 — 6: 00 p. m.
Mailing Address: CeresCity Hall, 2220MagnoliaStreet, Ceres, CA 95307-3292 Phone: ( 209) 538- 5700 Fax: ( 209) 538- 5780
CALL TO ORDER
Mayor Lopez called the January 9, 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 Stan Risen, Big Valley Grace.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
AGENDA AMENDMENTS
City Attorney, Nubia Goldstein, introduced Amendment # 2 to the Regular City Council meeting agenda dated January 9, 2023.
Mayor Lopez asked for public comment. No one spoke.
MINUTES
Regular City Council Meeting
January 9, 2023
Mayor Lopez closed public comments.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Vierra, approving Amendment # 2 to the Regular City Council meeting agenda dated January 9, 2023. Motion carried 5/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Casey Vierra Martinez Silveira Lopez
Yes Yes Yes Yes Yes
PRESENTATIONS
A. Recognize Outgoing Planning Commissioner Laurie Smith Vice Mayor Silveira presented outgoing Planning Commissioner Laurie Smith with a plaque.
B. Proclamation Recognizing Rocky Fisher
Councilmember Martinez presented Sharon Fisher with a proclamation honoring the life of Rocky Fisher.
C. Incident Management Team Storm Update
Assistant Fire Chief Wise provided an update on the Central Valley Incident Management Team related to the recent storms.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda ( five minutes)
Todd Underwood spoke regarding imposing a requirement for police to be required to stop if they see a problem.
Lee Brandt spoke regarding the City's quick response in cleaning up a tree that fell by his house on New Year' s Eve.
Gene Yeakley spoke regarding trees that were planted in new housing developments, positive changes in Code Enforcement response, and training for employees and the community on active shooters.
City Clerk, Fallon Martin, read an email into the record from Alvaro Franco regarding improvements and funding for Tuolumne River Regional Park.
APPOINTMENTS TO BOARDS/ COMMISSIONS
MINUTES
Regular City Council Meeting
January 9, 2023
D. Appointment Process for Appointments to the Measure " H" Citizens' Oversight Committee
Mayor Lopez introduced the item.
Mayor Lopez recommended Councilmember Vierra and himself to serve on the interviewpanelfor the Measure "H" Citizens' OversightCommittee.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comments.
ConcurrencewasreachedbycouncilapprovingMayorLopezandCouncilmember Vierra serve on the interview panel for the Measure " H" Citizens' Oversight Committee.
E. Appoint a Vice Mayor for a Two- Year Term
Mayor Lopez introduced the item.
MayorLopezrecommendedCouncilmemberSilveirabe appointedasVice Mayor for a two-year term, ending December 2024.
Mayor Lopez asked for public comment.
GeneYeakleyspokeregardingRosalindaVierrabeingappointedasViceMayor.
Mayor Lopez closed public comments.
Action: Motion by Councilmember Martinez, seconded by Mayor Lopez, appointingCouncilmemberSilveiraasViceMayorfor a
two- year term, ending December 2024. Motion carried 5/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember i Vice Mayor Mayor Casey Vierra Martinez Silveira Lo ez
Yes Yes Yes Yes Yes
F. Confirmationof the 2023 MayoralAppointmentsto Boards, Commissions, and Committees
Mayor Lopez introduced the item.
Mayor Lopez made the recommendation to make the following changes to the 2023 City Council Committee Appointments":
Airport Advisory Committee
MINUTES
Regular City Council Meeting
January 9, 2023
ReplaceCommunityDevelopmentDirector (alternate) with Councilmember Casey ( alternate)
Whitmore House Preservation Committee
Add Councilmember Martinez as an alternate
West Turlock Subbasin Groundwater Sustainability Agency (JPA) Add Councilmember Casey as an alternate
Stanislaus Homeless Alliance
Add Councilmember Vierra as an alternate
Ceres Partnership for Healthy Children
Appoint Councilmember Vierra with Councilmember Martinez as an alternate
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comments.
Action: MotionbyVice MayorSilveira, secondedby Councilmember Martinez, confirmingthe 2023MayoralAppointmentsto Boards, Commissions, and Committees with the above- mentioned changes. Motion carried 5/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Casey Vierra Martinez Silveira Lopez
Yes Yes Yes Yes Yes
CONFLICT OF INTEREST DECLARATION
None
CONSENT CALENDAR
Consent Calendar items 5, 6, & 7 were removed by Mayor Lopez.
Action: Motion by Councilmember Vierra, seconded by Vice Mayor Silveira, approving items 1- 4 and 8- 10. Motion carried 5/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Casey Vierra Martinez Silveira Lopez
Yes Yes Yes Yes Yes
1 . Clerks Report of Posting. The agenda of the January 9, 2023 City Council Meeting was Posted on Thursday, January 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
MINUTES
Regular City Council Meeting
January 9, 2023
saidtitleswhichappearonthe publicagendashallbe determinedto havebeen read by title). ( City Clerk)
3. Approval of Minutes for the December 12, 2022 Special City Council Meeting and Regular City Council Meeting. ( City Clerk)
4. Register of Audited Demand(s) Dated December 7, 2022 through December 21, 2022. ( Dias)
5. Removed for separate consideration.
6. Removed for separate consideration.
7. Removed for separate consideration.
8. ResolutionNo.2023-03,Adoptingthe2022StanislausCountyMulti-Jurisdictional HazardMitigationPlanUpdateand City of CeresLocalHazardMitigationPlan Annexand Incorporationby ReferenceintotheHealthandSafetyElementofthe City of Ceres General Plan. ( Wise)
9. Resolution No. 2023-04, Approvinga BudgetAmendmentfor an Additional Appropriation of $ 100,000.00 for the Water Meters and Parts Account Budget.
Royal)
10. Resolution No. 2023-05, Ratifyingthe EmergencySewerRepairServicesby Mozingo Construction Inc. as Complete, Authorizing Payment to the Contractor, AuthorizingtheFilingoftheNoticeofCompletionandReleasingRetentiontothe Contractor. ( Waugh)
CONSIDERATIONOFITEM(S)REMOVEDFROMTHECONSENTCALENDAR
Item 5: Removed for separate consideration by Mayor Lopez General Correspondence— Information Only
a. Public Works Monthly Report for November 2022. ( Royal) Mayor spoke regarding his appreciation of the Public Works staff.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
CouncilmemberVierraspokeregardingtheFreeCommunityDisposalDaybeingheldon Saturday, February 4, 2023.
MINUTES
Regular City Council Meeting
January 9, 2023
Action: Motionby CouncilmemberMartinez, secondedbyVice Mayor Silveira, approving item 5. Motion carried 5/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor I Mayor Casey Vierra Martinez Silveira Lopez
Yes Yes Yes Yes Yes
Item 6: Removed for separate consideration by Mayor Lopez Resolution No. 2023-01 , Approvingthe UseofARPAFundsto PurchaseOne (1 ) LPR Speed Trailer and Authorizing Staff to Move Forward with the Purchase.
Collins)
Mayor Lopez requested Police Chief Rick Collins provide some information regarding LPR speed trailers.
Police Chief Rick Collins spoke regarding the benefits of LPR speed trailers.
Mayor Lopez asked for public comment.
GeneYeakleyspokeregardinghow the informationis transmittedto the Police Department.
JohnWarrenspokeregardingthe ARPAfundsallocatedfor purchasingLPRspeed trailers.
Mayor Lopez closed public comment.
Action: Motionby CouncilmemberMartinez, secondedbyVice Mayor Silveira, approving item 6. Motion carried 5/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Casey Vierra Martinez Silveira Lo ez
Yes Yes Yes Yes Yes
Item 7: Removed for separate consideration by Mayor Lopez Resolution No. 2023-02, Ratifyingthe Appointmentof SamirRoyalto the Position of PublicWorks Director, Approvingan EmploymentAgreement, and Authorizing the City Manager to Execute the Agreement. ( Vasquez) Mayorspokeregardinghis appreciationof the work performedby InterimPublicWorks Director Samir Royal.
MINUTES
Regular City Council Meeting
January 9, 2023
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Action: Motionby Vice Mayor Silveira, secondedby Councilmember Vierra, approving item 7. Motion carried 5/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Casey Vierra Martinez Silveira Lopez
Yes Yes Yes Yes Yes
UNFINISHED BUSINESS
None
PUBLIC HEARING
None
NEW BUSINESS
11. Resolution No. 2023- 06, Proclaiming the Existence of a Local Emergency subject to four- fifths vote of the City Council pursuant to Cal. Gov. Code 54954. 2( b)( 1). ( City Manager)
City ManagerAlex Terrazasspokeregardingthe reasonfor proclaimingthe existence of a local emergency.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Action: Motionby Vice Mayor Silveira, secondedby Councilmember Martinez, approving item 11. Motion carried 5/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Casey Vierra Martinez Silveira Lopez
Yes Yes Yes Yes Yes
DISCUSSION ITEMS
12. Picnic Shelter at Smyrna Park. ( City Manager) City Manager Alex Terrazas introduced the item.
MINUTES
Regular City Council Meeting
January 9, 2023
Lions Club President, Mike Borges, spoke regarding Lions Club projects and donationsto the City, the futureof the coveredpicnicshelterat SmyrnaPark, and their desire to continue collaborating and partnering with the City on future projects.
GregScudderspokeregardingprojectstheLionsClubhasdonefortheCity.
Lee Brandt spoke regarding the City's Corporation Yard's location.
Council discussion included the continuance of conversations between the City and Lions Club regardingthe designof SmyrnaPark, the future of the covered picnic shelter, waiting until all citizen reviewmeetingsare completedand comments are compiled, relocating the parks corporation yard, and communication to the public.
COUNCILMEMBER REFERRALS
13. Council to Consider Updating City Council Rules and Procedures. ( Mayor Lopez City Attorney)
Mayor Lopez introduced the item.
CityAttorneyNubiaGoldsteinspokeregardingtheideatoupdatetheCityCouncil Rules and Procedures handbook.
Mayor Lopez asked for public comment.
GeneYeakleyspokeregardingupdatingthe CityCouncilRulesand Procedures.
Mayor Lopez closed public comment.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving a workshop to be held within 60 days to update the City Council Rules and Procedures. Motion carried 5/0/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Casey Vierra Martinez Silveira Lopez
Yes Yes Yes Yes Yes
REPORTS
At this time, any Councilmembers or City Staff will make an announcement or report briefly on his or her activities.
Mayor
MINUTES
Regular City Council Meeting
January 9, 2023
Nothing to report.
City Council
Councilmember Vierra provided information for the free small business workshops that are being held in Ceres.
City Manager
City Manager, Alex Terrazas, provided the phone number for sandbags 209. 538. 5732).
City Attorney
Nothing to report.
Departments
Police Chief Rick Collins spoke regarding Lt. Johnson overseeing Code Enforcement, givingCouncila CodeEnforcementupdatein Februaryandan informalswearing-in takingplaceonTuesday,January10,2023at8:30a.m. intheCouncilChambers.
Interim Public Works Director, Sam Royal thanked Council for their compliments to the department, stated the leaf and limb program ending Monday, January 9, 2023, and thanked Public Works staff for their efforts in dealing with the storm.
County Supervisor
Supervisor Channce Condit congratulated newly elected councilmembers and Lt.
Perryon hisrecentpromotionto Captainandspokeregardingresourcesduringthe recent storms.
CLOSED SESSION
14. Liability Claims, Cal. Gov. Code§ 54956. 95
Claimant: Juliana Pendleton- Zamora
Agency Claimed Against: City of Ceres
15. Conference with Legal Counsel— Existing Litigation, Cal. Gov. Code§ 54956. 9 NameofCase:Cityof Ceresv. Pena,StanislausCountySuperiorCourtCaseNo.
CV- 22- 000383
16. Public Employee Performance Evaluation, Cal. Gov' t Code§ 54957( b)( 1) Title: City Manager
MINUTES
Regular City Council Meeting
January 9, 2023
REPORT FROM CLOSED SESSION
Mayor Lopez reported there was no reportable action.
ADJOURNMENT
ThenextregularlyscheduledCityCouncilMeetingwillbe heldon January23, 2023at 6:00p.m. intheCityCouncilChamberslocatedintheCommunityCenterat2701Fourth Street, Ceres, CA.
Therebeingnofurtherbusiness, MayorLopezadjournedthemeetingat9:07p.m. r Lo , Mayor
Fal on Martin, City Clerk
ConsistentwithCouncilPolicy, theminutesreferencedaboveareinAction Format. The complete recording of the meeting can be viewed at http:// www.ci. ceres. ca.us/ agenda center.