MINUTES OF
REGULAR MEETING
March 15, 2022
The Council meeting was held in the Council Chambers with members of the public attending 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, 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, Fire Chief Patrick Borrelli, and Deputy City Clerk/Human Resources Director Melanie Correa Council member Ford was absent.
PRESENTATIONS
PUBLIC COMMENT
Bernie Medeiros, via telephone, thanked council and city staff for assisting the Motors on Main event. She reported a donation in the amount of $30K was presented to Jessica’s House on behalf of the Motors on Main event. Ms. Medeiros also relayed that 2023 date discussions were ongoing.
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 March 1, 2022 Regular Meeting
Recommendation: Review and approve
2. Warrants
Recommendation: Review and approve
3. Treasurer’s Report – February 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 Addendum to Capitol Advocacy Partners Contract and Authorize City Manager to Execute Addendum
Recommendation: Review and approve
6. Approve Adoption and Waive Second Reading of an Ordinance Amending Gustine Zoning and Subdivision Code Section 4-24-030 Regarding Tattoo and Body Art Facilities
Recommendation: Approve adoption and waive second reading
7. Approve Adoption and Waive Second Reading of an Ordinance Amending Gustine Municipal Code Sections 4-22-030, 4-36-040, 4-44-040, 4-44-190 and 4- 80-020 Regarding Family Day Care Homes, Residential Care Facilities and Transitional and Supportive Housing
Recommendation: Approve adoption and waive second reading Mayor Nagy introduced the consent calendar. There was no public comment. City Attorney Siprelle advised of a correction to consent calendar #7, where the proposed ordinance section header for 4-22-030 should read “Residential zoning district land uses permit requirements”. Council member Brazil made a motion to approve the consent calendar. The motion was seconded by Council member Bonta and carried 4-0 with Council member Ford absent.
ADMINISTRATIVE AGENDA
8. Consider Request for Use of City Park and Facilities for Summer Youth Camp
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the allow the use of City Park and services as inkind donation to Boys and Girls Club of Merced County Summer Youth Camp Economic & Community Development Director Westervelt presented the staff report.
Mrs. Westervelt introduced Dr. Bryan Ballenger, Superintendent of Gustine Unified School District, See Lee with Boys & Girls Club, along with Erick Serrato with WorkForce Investment-WorkNet Merced County. Dr. Ballenger expressed his appreciation to staff for bringing this opportunity to the District for partnership. Ms. Lee presented a visual presentation on the proposed program. Mr. Serrato provided information on the upcoming job fair, and thanked staff and Ms. Lee for the opportunity to participate in the partnership. There was no public comment. Council member Bonta clarified that the program period would be seven weeks. Council member Brazil inquired what would happen if the turnout was more than the limited space, to which Ms. Lee provided information. Council member Bonta made a motion to approve and allow the use of City Park and services as in-kind donation to Boys & Girls Club of Merced County Summer Youth Program. The motion was seconded by Mayor Pro Tem Alexander and carried 4-0 with Council member Ford absent.
9. Consider Authorizing Expenditure for Fire Hydrant Replacement and Authorize City Manager to Enter in Contract
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to authorize an expenditure for fire hydrant replacement and related work and authorize the City Manager to enter into contract Public Works Manager Chavez presented the staff report.
Council member Ford arrived to the meeting at 6:55 P.M.
Craig Christensen, via telephone, expressed his shock with the cost of the quotes.
Council member Brazil inquired about moving the hydrant to the other side of the street, to which Public Works Manager Chavez provided information. Council member Brazil inquired whether Rocha Backhoe had provided a quote, to which Public Works Manager Chavez advised that utilizing Rocha Backhoe entails lending city staff, which is not feasible at this time. Mayor Nagy inquired clarification on the scope of work. Mr.
Chavez provided information to Council on the execution plan, along with the backup plan. Council member Ford inquired whether the pipes were steel, to which Public Works Manager Chavez provided information. Council member Brazil made a motion to authorize the expenditure of $28,171 for fire hydrant replacement and related work and authorize the City Manager to enter into contract. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0.
10. Consider Authorizing Expenditure for Sand Filter Installation at Well #7 and Authorize City Manager to Enter in Contract
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to authorize an expenditure for sand filter installation and related work and authorize the City Manager to enter into contract Public Works Manager Chavez presented the staff report. There was no public comment. There was some discussion from Council, during which Mayor Nagy inquired how much water was lost when the well was trying to be flushed, to which Public Works Manager Chavez provided information. There was discussion related to what was happening underground as the well was pulling up sand. Public Works Manager Chavez advised how a sand separator operates. Mayor Pro Tem Alexander made a motion to authorize an expenditure of $25,279.30 for sand filter installation and related work and authorize the City Manager to enter into contract. The motion was seconded by Council member Bonta and carried 5-0.
11. Consider Authorizing Expenditure for Gustine Museum Window Restoration and Authorize City Manager to Enter in Contract
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to authorize an expenditure for museum window restoration and related work and authorize the City Manager to enter into contract Public Works Manager Chavez presented the staff report. There was no public comment. There was some discussion related to whether Council had to select the lowest bid, to which City Manager Dunford and City Attorney Siprelle provided information. Mayor Pro Tem Alexander inquired clarification of which windows would be replaced, to which Public Works Manager Chavez provided information. There was some discussion related to the scope of work from each contractor. Mayor Pro Tem Alexander made a motion to authorize an expenditure of $12,480 (CV Construction Pro’s) for museum window restoration and related work and authorize the City Manager to enter into contract. The motion was seconded by Council member Bonta and carried 5-0.
12. Consider Authorizing Expenditure for Public Works Building Roof Repairs and Authorize City Manager to Enter in Contract
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to authorize an expenditure for roof surfacing, coating and waterproofing for Wastewater Treatment Plant building, Corporation Yard Office building, Corporation Yard Shop building and related work and authorize the City Manager to enter into contract
Public Works Manager Chavez presented the staff report. There was no public comment. Council member Ford inquired on the differences of materials on the submitted quotes, to which Public Works Manager Chavez provided information.
Council member Brazil made a motion to authorize an expenditure in the amount of $40,400 (Roof and Solar Solutions) for roof surfacing, coating and waterproofing for Wastewater Treatment Plan building, Corporation Yard Office building, Corporation Yard Shop building and related work and authorize the City Manager to enter into contract. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0.
13. Consider Authorizing Purchase of 36” Roller and Authorize City Manager to Execute Purchase Documents
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to authorize the purchase of 36” ride-on roller and authorize the City Manager to execute purchase documents
Public Works Manager Chavez presented the staff report. There was no public comment. It was advised that a separate trailer would need to be purchased along with a new dump truck for the City to reap the full benefits of this requested equipment purchase. Council member Bonta made a motion to authorize the purchase of a 36” ride-on-roller and authorize the City Manager to execute purchase documents. The motion was seconded by Council member Brazil and carried 5-0.
14. Consider Authorizing Expenditure for Expansion of SCADA Controls to Sanitary Lift Stations and Authorize City Manager to Enter in Contract
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to authorize an expenditure for expansion of SCADA Control System to include Sanitary Lift Stations and authorize the City Manager to enter into contract
Public Works Manager Chavez presented the staff report. There was no public comment. Council member Brazil expressed gratitude for the details provided in the proposal. There was some discussion from Council related to lift stations and the benefits this upgrade would afford the Public Works Department. Mayor Pro Tem Alexander made a motion to authorize an expenditure for expansion of SCADA Control System to include Sanitary Lift Stations and authorize the City Manager to enter into contract. The motion was seconded by Council member Ford and carried 5-0.
15. DISCUSSION & DIRECTION: Goman Center North Parking Lot Project
1. Receive Staff Report
2. Receive Public Comment
3. Hold discussion and provide staff with direction
City Manager Dunford presented the staff report. Craig Christensen, via telephone, advised that he could not hear the pricing when discussed. Mr. Christensen also inquired whether the Lion’s Club received quotes from multiple contractors. He expressed his opinion that other quotes should be sought. City Manager Dunford advised of the requirements and parameters the City set for this project. Mayor Nagy clarified that the Gustine Lion’s Club had ownership of the project. There was some discussion related to whether the City could take ownership of the project, to which City Manager Dunford provided information. Council member Brazil relayed his opinion that he would be in opposition of authorizing this significant of an increase. There was a discussion related to the cost of steel products, and the project timeline. Mayor Nagy directed staff to work with the Lion’s Club to bring back to the Council how much of the project could be completed with the already-committed City funding for reassessment.
16. Consider Approving Bipartisan Infrastructure Law Submission to FAA
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve submission of funding sheet for Bipartisan Infrastructure Law program
Economic & Community Development Director Westervelt provided the staff report.
There was no public comment. Mrs. Westervelt reported that the Airport Commission is recommending runway lights as a higher priority over fuel pump project. Mayor Nagy clarified whether both projects could be done in the same year, to which Economic & Community Development Director Westervelt provided information. Council member Ford advised his desire to have fuel pump as first priority. Mayor Nagy expressed his opinion to have fuel pump as first priority. Council member Brazil made a motion to approve the submission with listing the fuel pump as first priority. The motion was seconded by Council member Ford and carried 5-0.
CITY DEPARTMENT REPORTS
Police Chief Chavez advised of recent active shooters drill hosted by Merced County Sheriff’s Office at local schools. He advised that the department is looking for volunteers to assist with the animal shelter. Chief Chavez reported that CSO Gallardo was learning quickly. Chief Chavez advised of the process for the Abandon Vehicle Abatement program, which CSO Gallardo is currently formulating a plan to canvas the city. He wished everyone a Happy St. Patrick’s Day, and advised that the holiday also marks his 2nd anniversary with Gustine. Mayor Nagy advised that the Rotary was interested in assisting with volunteering.
Fire Chief Borrelli advised that he had nothing to report.
Public Works Manager Chavez advised on the Departments current workload. He updated that PG&E has started on asphalt repairs. Mr. Chavez advised that the Department is working on fixing sprinkler timers at Schmidt Park, and that assistance on weed abatement at the Waste Water Treatment Plant was coming from Mt. Bullion Conservation Camp. There was some discussion about which hydrants still needed repair, to which Chavez provided information.
Finance Director Birring reported on the recent submittal of an application for lowincome water assistance to CA Department of Community. Mrs. Birring advised that late fees on utility accounts would reconvene starting this week. Lastly, she encouraged utility customers to make payment arrangements to negate late fee assessments.
Economic & Community Development Director thanked council for attending recent Solar Consulting Group ribbon cutting ceremony. She thanked Public Works for sprucing up Pioneer Park. She advised that the Airport Commission has elected to reschedule FlyIn event to October 22, 2022. She advised that the COVID relief/reimbursement program deadline is scheduled for the end of March. Council member Brazil inquired on hangar statuses, to which Economic & Community Development Director Westervelt provided information.
Recreation Manager Vitorino advised that the Baseball and Softball clinic is scheduled for this weekend. She relayed that she would be attending Work Net’s Job Fair on March 24th in Henry Miller Park. She reported on upcoming events including: Movie Night, Adult Craft Night, and Kids Craft Class. She reported that the pool was not showing signs of any leak.
Deputy City Clerk Correa advised that a conditional offer had been extended to one of the Police Records Clerk candidates. She advised that travel had been booked for the 2022 One Voice trip, and that staff was able to utilize travel vouchers from the cancelled 2020 trip. Lastly, she informed Council that the next City-County Relations Dinner was set for April 12th in Merced. Council member Brazil inquired on an update on Waste Water Treatment Operator recruitment, to which Mrs. Correa advised that staff would be bringing something for Council’s consideration at their next special meeting scheduled for March 21. Mayor Pro Tem Alexander advised that he has a contact interested in a volunteer internship for forensic science related fields. Police Chief Chavez offered for Mayor Pro Tem Alexander to share his contact information.
CITY MANAGER REPORT
City Manager Dunford advised that the recently passed federal Omnibus Bill included the City’s $3M water Tank project and $950K for completion of the City’s water loop line. He advised that interest from a grocery store has been received, and that Economic & Community Development Director Westervelt was scheduled to speak with them next week. He offered kudos to Public Works for sprucing up Pioneer Park. Mr.
Dunford advised that a Special meeting was being scheduled for March 21, and that the PERS Obligation Bond process was moving forward. Council member Brazil inquired on status of PG&E solar panel switch over, to which City Manager Dunford provided information. Council member Ford inquired of any news on Overholtzer annexation process, to which City Manager Dunford provided information.
CITY COUNCIL REPORTS
Council member Brazil advised of his attendance at the Valley Pulls for a Cause event.
He wished everyone a Happy St. Patrick’s Day.
Council member Bonta advised that he had nothing to report.
Council member Ford advised that he had nothing to report.
Mayor Pro Tem Alexander advised that he had nothing to report.
Mayor Nagy advised that he had nothing to report.
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
Council returned to open session and it was advised that there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 9:09 P.M.