CityCouncilmeetingwas conductedin accordancewithAssemblyBill 361, CeresResolution 2022-148and COVID-19pandemicprotocols. This meetingwas opento the publicwith 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, January 23, 2023 at 6:00 p.m.
Mailing Address: CeresCity Hall, 2220MagnoliaStreet, Ceres, CA95307-3292 Phone: ( 209) 538- 5700 Fax: ( 209) 538- 5780
CALL TO ORDER
Mayor Lopez called the January 23, 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
I
Present Present Present Present
INVOCATION
Invocation by Pastor Tim Giannosa, Big Valley Grace Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.
AGENDA AMENDMENTS
City Attorney, Nubia Goldstein, introduced Amendment # 1 to the Regular City Council meeting agenda dated January 23, 2023.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comments.
MINUTES
Regular City Council Meeting
January 23, 2023
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving Amendment # 1 to the Regular City Council meeting agenda dated January 23, 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
None
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda ( five minutes)
John Warren spoke regarding the audio-visual upgrades to the Council Chambers, a tree Public Works staff trimmed on Moffett Road, identification requirements for the free community disposal event and Smyrna Park public outreach.
Gene Yeakley spoke regarding the timing of the Smyrna Park public outreach notice.
APPOINTMENTS TO BOARDS/ COMMISSIONS
None
CONFLICT OF INTEREST DECLARATION
Councilmember Vierra declared a conflict of interest on Consent items 8 and 9 and abstained from voting.
CONSENT CALENDAR
Consent Calendar items 8 & 9 were removed by Councilmember Vierra.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Vierra, approving items 1- 7, 10 and 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
1 . Clerks Report of Posting. The agenda of the January 23, 2023 City Council Meeting was Posted on Wednesday, January 18, 2023. ( City Clerk)
MINUTES
Regular City Council Meeting
January 23, 2023
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. Register of Audited Demand(s) Dated January 4, 2023 through January 11, 2023.
Dias)
4. General Correspondence— Information Only
a. Public Works Monthly Report for December 2022 ( Royal) b. Semi- Annual Major Project List Report ( Waugh)
5. Resolution No. 2023-07, Authorizing the Second Amendment of the Site Lease Agreement with Verizon Wireless for Use of a Portion of Smyrna Park as a Cellular Radio Communications Facility. ( Royal)
6. Resolution No. 2023-08, Approving the Appropriation of$ 10,000.00 to the Ochoa Park Public Outreach and Authorize City Manager to Release Payment to O'Dell Engineering. ( Waugh)
7. Resolution No. 2023-09, Awarding a Professional Design Services Contract for 2022 Water Main & Service Replacement Project to Black Water Consulting Engineers Inc. and Authorizing the City Manager to Execute the Contract. (Waugh)
8. Removed for separate consideration.
9. Removed for separate consideration.
10. Resolution No. 2023- 12, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. ( City Clerk)
11. Resolution No. 2023-13, Accepting the Improvements for Ceres Gateway Center as Complete, Accepting the Dedications, Releasing the Improvement Security, Accepting the 12-Month Warranty Bond, and Authorizing Filing of the Notice of Completion. ( Hoem)
CONSIDERATION OF ITEM( S) REMOVED FROM THE CONSENT CALENDAR Item 8 and 9: Removed for separate consideration by Councilmember Vierra Resolution 2023- 10, Accepting the Subdivision Improvements for Cambridge Estates Phase 2 Subdivision as Complete, Accepting the Dedications, Releasing the Improvement Security, Accepting the 12- Month Warranty Bond, and Authorizing Filing of the Notice of Completion. ( Hoem)
MINUTES
Regular City Council Meeting
January 23, 2023
Resolution No. 2023- 11 , Stating the Intent and Ordering the Annexation of Cambridge Estates Phase 2 Subdivision to the Landscape and Lighting District and Shall Pay all Appropriate Fees. ( Hoem)
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 items 8 and 9. Motion carried 4/0/1 by the following roll call vote:
Councilmember Councilmember Councilmember 1 Vice Mayor Mayor Casey Vierra Martinez Silveira Lopez
Yes Abstain Yes Yes Yes
UNFINISHED BUSINESS
12. Resolution No. 2023-14, Authorizing the Use of American Rescue PlanActs Funds and Neighborhood Park Fees for the Design and Construction of Ochoa Park Improvements, Approve the Conceptual Design, and Approve O' Dell Engineering to Perform the Phase II Design Work and Construction Support. ( Waugh) Director of Engineering Services / City Engineer, Kevin Waugh, presented the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren spoke regarding the funding and costs of various items to be installed as a part of the Ochoa Park improvements.
Mayor Lopez closed public comment.
Council discussion included park drinking fountains, fencing , different versions of the park plans, the process to approve the use of ARPA funds, and the cost of materials.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 12. Motion carried 4/ 1/0 by the following roll call vote:
Councilmember Councilmember Councilmember Vice Mayor Mayor Casey Vierra Martinez Silveira Lopez
No Yes j Yes Yes Yes
MINUTES
Regular City Council Meeting
January 23, 2023
PUBLIC HEARING
None
NEW BUSINESS
13. Resolution No. 2023-15, Approvingthe RegionalSurfaceWater Supply Project Operations Agreement between SRWA, City of Turlock, and City of Ceres and Presenting Progress Report on Regional Surface Water Supply Project. ( Royal) Public Works Director, Samir Royal, introduced the item.
SRWA General Manager, Robert Granberg, gave the presentation.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Council discussion included the pipeline capacity, the effects during high water demand, economic impact on Ceres customers, water quality, treatment of surface water, and the quantity of water that will be removed from the Tuolumne River.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Vierra, approving item 13. 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
14. Resolution No. 2023-16, Authorizing the City Manager to Execute the Measure L Regional Control Project Cooperative Agreement with StanCOG for the Right of Way SupportPhaseof the SR99/ServiceRoad/MitchellRoadInterchangeProject and Approve a Budget Amendment. ( Waugh)
Director of Engineering Services / City Engineer, Kevin Waugh, presented the item.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Councilmember Casey inquired on the location of the right of way.
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 14. Motion carried 5/0/0 by the following roll call vote:
MINUTES
Regular City Council Meeting
January 23, 2023
Councilmember Councilmember Councilmember Vice Mayor Mayor Casey Vierra Martinez Silveira Lopez
Yes Yes Yes Yes Yes
15. Resolution No. 2023-17, Approvingthe Mid-Year BudgetAmendmentfor Fiscal Year 2022- 2023. ( Dias)
Finance Director, Leticia Dias, presented the item.
Mayor Lopez asked for public comment. No one spoke.
Mayor Lopez closed public comment.
Council discussion included the budget process schedule, and clarification on the entries for emergency services and information technology.
Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez approving item 15. 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
16. Discuss Remote Participation by Elected and Appointed Officials in Public Meetings under AB 2449. ( City Attorney)
City Attorney, Nubia Goldstein, presented the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
Gene Yeakley spoke regarding the explanation the City Attorney provided.
Mayor Lopez closed public comment.
Council discussion included participating via Zoom under new and old requirements and a request to bring back a follow- up item on alternatives.
COUNCILMEMBER REFERRALS
New Referral:
Requested by Councilmember Martinez)
Requested city email addresses for Planning Commissioners.
MINUTES
Regular City Council Meeting
January 23, 2023
REPORTS
Mayor
Mayor Lopez spoke regardinghis attendanceof the U.S. MayorsConferencein Washington D. C.
City Council
CouncilmemberCaseycongratulatedCouncilmemberMartinezonhisVolunteerofthe Year award at the Annual Chamber of Commerce Community Service Awards event andalsospokeregardingcommunityoutreachforthedesignphaseofSmyrnaPark.
CouncilmemberVierraspokeregardingpublicattendanceatSmyrnaParkCommunity Outreachevent, a job fair that is in theworks, the Spanishbusinessworkshopsthat are beingoffered, meetingwith the youthcommission, andthe meetingwith Ceres Partners for Healthy Families later in the week.
Vice Mayor Silveira congratulated Councilmember Daniel Martinez on Volunteer of the Year award and Mike Borges on the Citizen of the Year Lifetime Achievement Award.
Councilmember Martinez spoke regarding attending the New Mayors and Council MembersAcademyandCeresYouthBaseballregistrationtakingplaceFebruary1st City Manager
Nothing to report.
City Attorney
Nothing to report.
Departments
Nothing to report.
County Supervisor
Nothing to report.
CLOSED SESSION
None
MINUTES
Regular City Council Meeting
January 23, 2023
REPORT FROM CLOSED SESSION
None
ADJOURNMENT
The next regularlyscheduledCity CouncilMeetingwill be held on January23, 2023 at 6:00p.m. intheCityCouncilChamberslocatedintheCommunityCenterat2701Fourth Street, Ceres, CA.
There being no further business, Mayor Lopez adjourned the meeting at 7:50 p.m.
J Lop ayor
By Cristina Ag ' la Deputy 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.