MINUTES OF
REGULAR MEETING
February 15, 2022
The Council meeting was held virtually with the use of an online meeting room and teleconference dial-in phone number.
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:30 P.M.
ROLL CALL
Council Members: Bonta – Brazil – Alexander – Mayor Nagy Staff present: City Manager Doug Dunford, City Attorney Ann Siprelle, Police Chief Ruben Chavez, Economic & Community Director Jami Westervelt, Finance Director Jas Birring, Public Works Manager Jesus Chavez, Recreation Manager Tiffany Vitorino and Deputy City Clerk/Human Resources Director Melanie Correa
PRESENTATIONS
PUBLIC COMMENT
There was no public comment.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless any member of the City Council wishes to remove an item for separate consideration.
Are there any items on the consent calendar that any member of the public would like to comment on?
1. Minutes of the February 1, 2022 Regular Meeting
Recommendation: Review and approve
2. Warrants
Recommendation: Review and approve
3. Treasurer’s Report – January 2022
Recommendation: Review and file
4. Approve Resolution Continuing the Authorizing to Conduct Virtual Meetings During Declared State of Emergency Pursuant to Government Code Section 54953 (AB361)
Recommendation: Review and approve
5. Approve Request for Use of City Streets, Park and Services for Annual Linguica Run Car Show
Recommendation: Review and approve
Mayor Nagy introduced the consent calendar. There was no public comment. Council member Bonta made a motion to approve the consent calendar. The motion was seconded by Council member Brazil and carried 4-0 by roll call vote with Council member Ford absent.
ADMINISTRATIVE AGENDA
6. DISCUSSION & DIRECTION: Facility Rental Deposit and Fee Collection Procedure
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
Recreation Manager Vitorino presented the staff report. There was no public comment.
There was some discussion related to existing facility rental reservation procedures.
Council member Bonta suggested that fees be charged all up front at time of reservation.
Council member Ford arrived to the meeting at 6:43 P.M.
The discussion moved to whether the software could accommodate a charge for the deposit, which could be transferred toward the rental cost. Council member Ford suggested charging 50% of full cost at time of reservation, with remaining balance due five days before the rental date. After some additional discussion, Council directed staff to proceed with assessing a $25 admin fee to all facility rentals in addition to collecting the rental deposit amount at the time of reservation, which will be applied toward the final rental cost prior to the date of the rental.
7. PUBLIC HEARING – Consider Introduction and Waiver of the First Reading of an Ordinance Amending Gustine Zoning and Subdivision Code Sections 4-22-030, 4-36-040, 4-44-040, 4-44-190 and 4-80-020 Relating to Family Day Care Homes, Residential Care Facilities and Transitional and Supportive Housing
1. Receive Staff Report
2. Open the public hearing
3. Receive public comment
4. Close the public hearing
5. Consider a motion to introduce and waive the first reading of an ordinance amending sections 4-22-030, 4-36-040, 4-44-040, 4-44-190 and 4-80-020 of the Gustine Zoning and Subdivision code relating to family day care homes, residential care facilities and transitional and supportive housing City Manager Dunford presented the staff report. Mayor Nagy opened the public hearing at 7:01 P.M. There was no public comment. The public hearing closed at 7:02 P.M. Council member Brazil made a motion to introduce and waive the first reading of an ordinance amending sections 4-22-030, 4-36-040, 4-44-040, 4-44-190 and 4-80-020 of the Gustine Zoning and Subdivision code relating to family day care homes, residential care facilities and transitional and supportive housing. The motion was seconded by Mayor Pro Tem Alexander and carried 4-1 by roll call vote with Council member Ford in opposition.
8. PUBLIC HEARING – Consider Introduction and Waiver of the First Reading of an Ordinance Amending Gustine Zoning and Subdivision Code Section 4-24-030 Regarding Tattoo and Body Art Facilities
1. Receive Staff Report
2. Open the public hearing
3. Receive public comment
4. Close the public hearing
5. Consider a motion to introduce and waive the first reading of an ordinance amending section 4-24-030 of the Gustine Zoning and Subdivision code regarding tattoo and body art facilities
City Manager Dunford presented the staff report. Mayor Nagy opened the public hearing at 7:06 P.M. There was no public comment. The public hearing closed at 7:07 P.M. There was a discussion related to annual inspections. Mayor Pro Tem Alexander made a motion to introduce and waive the first reading of an ordinance amending section 4-24-030 of the Gustine Zoning and Subdivision code regarding tattoo and body art facilities. The motion was seconded by Council member Bonta and carried 5-0 by roll call vote.
9. Consider Resolution Opposing Tax Fairness, Transparency and Accountability Act
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
City Manager Dunford presented the staff report. There was no public comment. Mayor Nagy expressed his opposition of the proposed bill. Council member Brazil echoed Mayor Nagy’s sentiments. Council member Brazil made a motion to approve the resolution. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0 by roll call vote.
CITY DEPARTMENT REPORTS
Police Chief Chavez updated on the successful Police Explorer trip to Pebble Beach for the AT&T ProAm event. Council member Brazil thanked the department for assisting with Westside Ambulance’s recent flat tire. Mayor Pro Tem Alexander inquired on recent sightings of the department’s K-9 car in Merced and Newman. Chief Chavez provided information.
Finance Director Birring advised that she had nothing to report. Council member Bonta inquired information on $300K charge for meters, to which Mrs. Birring advised that the payment was an installment payment.
Public Works Manager Chavez advised that he had recently located a 135’ lift for sale.
He reported that his department had removed the fence at former Corp Yard location, and had taken down the holiday decorations. He advised that the department was exercising hydrants around town. Mr. Chavez reported that the bids for new windows at the Gustine Museum had been received, and would be forthcoming for Council consideration. He advised that downtown tree watering would commence in the coming week. Mayor Pro Tem Alexander inquired on current lockup procedure at the Corp Yard, to which Public Works Manager Chavez provided information. Council member Bonta inquired for weekend recycling center hours, to which Mr. Chavez provided information. Council member Brazil thanked Mr. Chavez for following up on PG&E asphalt repair, and advised the patch on Meredith Ave near Grove is deteriorating further. Council member Brazil also inquired on status of hydrant repair on West Ave, to which Mr. Chavez provided information. Mr. Brazil further inquired on waterfall feature at the Schmidt Park pond, he advised that he’d like to see the waterfall back in working order. Council member Ford shared his opinion that the pond looks great as full as it currently is. There was some discussion related to staffing needs for the Public Works department.
Economic & Community Development Director Westervelt updated on local COVID relief reimbursements. She advised that the deadline has been extended to March 31.
She shared that a conditional use permit to allow for an urgent care facility would be heard by the Planning Commission later this month, and that the former RJ’s site is garnishing interest from potential buyers. Mrs. Westervelt advised of the starting of a partnership for summer youth program, and reported on Airport Commissioner Doug Lucas’s recent passing. Council member Bonta as ex-officio of the Airport Commission, relayed that water pressure is an issue in pilots lounge, and inquired whether a regular cleaning schedule be established for the location.
Recreation Manager Vitorino shared that another adult craft night is being planned for Friday, April 1st. She also advised that Crafter’s Paradise would be hosting a craft event at the Goman Center on April 2nd for children. Mrs. Vitorino advised that she would be installed as Vice President of CPRS District 5 the following morning. She advised that she would be attending the CPRS Annual Conference in Sacramento on March 8-11, she invited anyone interested in attending the expo portion of the conference to contact her for tickets. Council member Brazil congratulated her on her VP designation. Mr.
Brazil inquired whether staff could streamline a process for events in town. City Manager Dunford provided information.
Deputy Clerk Correa advised that City Hall would host a ballot drop box for the June primary election, and that the ballot drop box was expected to be delivered the week of April 25th. Mrs. Correa advised that interviews were scheduled for Community Services Officer on Thursday, February 17th, and that interviews for Police Records Clerk were planned for Tuesday, February 22nd. Council member Brazil expressed concern over the current work schedule of the Community Services Officer and Police Records Clerk positions, he and Council member Ford shared their opinion that those positions work day should better align with providing service to the public. Council member Brazil expressed his displeasure with the complaint-driven code enforcement system currently in practice.
CITY MANAGER REPORT
City Manager Dunford advised of several upcoming meetings, including topics such as:
pension obligation bonds, RHNA, and SE Gustine development. He advised that North Ave sidewalk project was recently walked and discussed. Mr. Dunford shared that Tip Top Farms Attorney would like to discuss amending the fee schedule. Council member Brazil inquired on information why the project is delayed based off the initial SE Development proposal, to which City Manager Dunford provided information. Council member Brazil also raised his concern with the new homes along North Ave with unlandscaped front lawns, to which City Manager Dunford provided information and relayed that City will start enforcing agreement with homeowners to landscape.
CITY COUNCIL REPORTS
Council member Brazil expressed his opinion of displeasure with California’s false claims on water conservation efforts, and the state’s misappropriation of funds.
Council member Bonta advised that he had nothing to report.
Council member Ford advised that he enjoyed Super bowl Sunday.
Mayor Pro Tem Alexander expressed that he was glad to see tennis courts being used so frequently. He advised staff to stay ahead of egret migration to Schmidt Park.
Mayor Nagy advised that he had nothing to report, and advised to adjourn the open session in memory of Doug Lucas.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 case
When Council returned to open session, it was reported that there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:54 P.M.