MINUTES OF
REGULAR MEETING
April 19, 2022
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:31 P.M.
ROLL CALL
Council Members: Brazil - Bonta – Ford - Alexander – Mayor Nagy Staff present: City Manager Doug Dunford, Attorney Ann Siprelle, Police Chief Ruben Chavez, Economic & Community Director Jami Westervelt, Public Works Director Jesus Chavez, Recreation Manager Tiffany Vitorino, Fire Chief Patrick Borrelli, and Administrative Services Director Melanie Correa
PRESENTATIONS
1. Employee Introductions
Jorge Rodriguez, Maintenance Worker
Raymond Dominguez, Part-Time Maintenance Worker
Tyson Silveira, Part-Time Maintenance Worker
Public Works Director Chavez advised that Jorge Rodriguez was not present because he was ill. Mr. Chavez advised on behalf of Mr. Rodriguez that he was grateful for the opportunity to join the Public Works family. Mr. Chavez gave a brief background of Tyson Silveira. Mr. Silveira expressed his gratitude for the opportunity to work for the City.
Mr. Chavez provided a brief background on Raymond Dominguez. Mr. Dominguez thanked Council for the opportunity. Council collectively welcomed them to the team.
PUBLIC COMMENT
Craig Turner, 266 1st street Gustine, advised that his trash pickup day on Friday coincides with the street sweeper, and the sweeper is unable to effectively sweep the street because of the trash receptacles being out for collection. He requested the City look into changing the sweeper day of the week.
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?
2. Minutes of the April 5, 2022 Regular Meeting
Recommendation: Review and approve
3. Minutes of the April 5, 2022 Special Meeting
Recommendation: Review and approve
4. Warrants
Recommendation: Review and approve
5. Treasurer’s Report – March 2022
Recommendation: Review and file
6. Approve Amendment to Agreement with Best, Best & Kreiger LLP for City Attorney Services and Authorize City Manager to Execute Amendment Recommendation: Review and approve
7. Direct Staff to Send Out Warrant Checks Prior to May 17, 2022 Regular Council Meeting
Recommendation: Review and approve
8. Approve Amendments to Job Descriptions – Administrative Services Director, Economic & Community Development Director and Recreation Manager Recommendation: Review and approve
9. Approve Resolution Extending Contract with Krazan & Associates, Inc. for On-Call Materials Testing and Geotechnical Engineering Services and Authorize City Manager to Execute Amendment
Recommendation: Review and approve
10. Approve Resolution Extending Contract with Gouveia Engineering, Inc. for OnCall Engineering Services for Federally Funded Transportation Projects and Authorize City Manager to Execute Amendment
Recommendation: Review and approve
Mayor Nagy introduced the consent calendar. There was no public comment. Council member Brazil inquired the need for consent calendar item 7, to which City Manager Dunford provided information. Council member Brazil also inquired the nature of work conducted by Krazan & Associates, Inc. to which City Manager Dunford provided information. Lastly, Mr. Brazil inquired on SunBelt Rentals warrant, to which City Manager Dunford provided information. Mayor Pro Tem Alexander made a motion to approve the consent calendar. The motion was seconded by Council member Brazil and carried 4-0 with Council member Bonta in abstention.
ADMINISTRATIVE AGENDA
11. Consider Resolution Appointing and Approving Employment Agreement for Interim City Manager
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution appointing Brad Kilger as Interim City Manager and approving Employment Contract
City Manager Dunford provided Council with an updated exhibit A (employment contract). City Manager Dunford presented the staff report. He advised that the edits to the previously published contract were the addition of clarifying language in recital C of the contract, and the addition of attachment A. There was no public comment.
Council member Bonta made a motion to approve the resolution appointing Brad Kilger as Interim City Manager and approving the employment contract. Council member Brazil inquired clarification on section 5 of the contract, to which City Manager Dunford provided information. Council member Brazil further inquired clarification on section 8.4 of the contract, to which City Manager Dunford provided information. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0.
12. DISCUSSION & DIRECTION: 2022/2023 Capital Improvement Projects
1. Receive Staff Report and Presentation
2. Receive Public Comment
3. Hold discussion and provide staff with direction
City Manager Dunford invited Mario Gouveia, City Engineer, and Danny Reed, Project Manager from Gouveia Engineering to present the capital improvement project presentation. There was some discussion from Council. There was no public comment.
Council thanked Mr. Gouveia and Mr. Reed for their presentation. Council directed staff to lower the priority of the Sullivan Rd/Hwy 33 roundabout. Mr. Gouveia advised the purpose of having a capital improvement project list. Council expressed their desire to revisit the list annually.
13. DISCUSSION & DIRECTION: Multi-Jurisdictional Housing Element
1. Receive Staff Report
2. Receive Public Comment
3. Hold discussion and provide staff with direction
Economic & Community Development Director Westervelt presented the staff report.
There was no public comment. There was a lengthy discussion from Council, during which City Manager Dunford, City Attorney Siprelle, and Economic & Community Development Director Westervelt provided information.
14. Consider Resolution Terminating COVID-19 Local State of Emergency
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.
Council member Brazil inquired whether the City would retain virtual accessibility, to which staff clarified as a convenience the virtual component would continue. Council member Brazil made a motion to approve the resolution. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0.
CITY DEPARTMENT REPORTS
Recreation Manager Vitorino reported on a successful baseball/softball clinic, and Adult Craft Night. She advised that sponsor letters for the Aquatics Center have been sent, and that the Gustine Lions Club graciously donated $1K to the Center. Mrs.
Vitorino advised that Color Run preparations were underway, and that the City was seeking sponsors, volunteers and participants. She thanked Jennifer Villalobos with Crafter’s Paradise for partnering with the City for the craft events, and Mayor Nagy and Denair Lumber for supplying the wood.
Economic & Community Development Director Westervelt updated on the receipt of a retail storefront application, she advised that she had received another inquiry of interest from an Urgent Care facility. Mrs. Westervelt reported that the sale of the former RJ’s site was moving forward. She advised of a congressional directed funding project submittal. Mrs. Westervelt advised of her work on submitting reporting for the Schmidt Park per capita grant, and the HCD Annual report. She reported that the Planning Commission would be considering a conditional use permit application from Paul Blades for his aerial applicator business. Council member Brazil inquired on status of Family Dollar, to which City manager Dunford advised the company was waiting for CalTrans to approve their encroachment permit. Council member Brazil further inquired on status of Gustine Hotel and former Souza’s Trucking location, to which Mrs.
Westervelt provided information. There was some discussion related to truck parking at the Souza’s scale location. Mayor Pro Tem Alexander inquired for an update on Feihe property, to which City Manager Dunford provided information.
Public Works Director Chavez advised that he was monitoring PG&E and their current projects within town. He reported that the department was handling tree complaints.
He advised that PG&E would be rectifying the sink hole forming at Linden and Meredith.
Mr. Chavez reported that the department was handling weed abatement at the airport, and was preparing to replace faded stop signs around town. Lastly, he advised that the hazardous limb near tennis courts would be removed.
Fire Chief Borrelli advised that he had nothing to report.
Police Chief Chavez shared the coverage plan for Tip Top Farms special event. He advised that the Merced County Officer of the Year Ceremony would be held on May 4th at 5 P.M. He advised of his attendance on a conference call with California Chiefs and shared information on several proposed legislative bills. Council member Brazil inquired on status of K-9 replacement car, to which City Manager Dunford provided information.
Administrative Services Director Correa reminded Council of the City’s return to Brown Act meeting requirements with the recent discontinuance of AB361 modifications. She clarified the guidelines for those Council members and Commissioners wishing to join public meetings remotely and the restrictions necessary to allow that type of participation. Mrs. Correa advised that the City was looking to fill a vacancy on the Airport Commission, and that a recruitment for lifeguards was still open. Mrs. Correa shared that CalCities was accepting applications for 22/23 Board of Directors. Lastly, Mrs. Correa advised Council that the proposal for the 2022 4th of July fireworks show had been received and is quoted at $24K, slightly higher than the 2021 show cost.
CITY MANAGER REPORT
City Manager Dunford advised that the SWRCB and HCD were requesting an attestation that the City is not cooperating with Russia, as outlined in Governor Newsom’s recent order. He reported that the CalPERS UAL process was moving forward. He advised of upcoming CalCities Central Division meeting, and the invitationonly ribbon cutting event to kick off the San Luis Dam Restoration project.
CITY COUNCIL REPORTS
Council member Bonta advised of his attendance at MCAG One Voice meeting with Congressman Costa.
Council member Ford advised of his attendance at the City-County Relations dinner, at which MCAG provided a presentation on Measure V. Council member Ford shared that improvements to Whitworth Rd were slated through the program.
Council member Brazil advised of his attendance at City-County Relations dinner.
Mayor Pro Tem Alexander inquired on the status of secured funding for upcoming projects, to which City Manager Dunford provided information. Mr. Alexander inquired for an update on the status of PG&E/Engie solar panel switch, to which City Manager Dunford provided information.
Mayor Nagy advised that he would be attending a LAFCO meeting, during which they will consider LAFCO’s proposed budget, which includes a 218% increase over the previous budget. He also advised that he would be attending a MCAG Governing Board meeting later in the week. Mayor Nagy thanked the public for attending, he expressed his happiness with the meeting being reopened to the public. Lastly, he thanked the One Voice delegates for committing to attend on behalf of Gustine.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Clerks Association.
2. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Public Works Association.
3. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Police Officers Association.
4. CONFERENCE WITH LABOR NEGOTIATOR- Pursuant to Government Section 54957.6 Agency Negotiator: Mayor: Unrepresented Employee: Recreation Manager
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION- Title: City Manager
6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR- Pursuant to Government Code Section 54956.8 Agency Negotiator: City Manager; Property: Assessor’s Parcel No. 020-082-008; Negotiating Parties: Cory T. Peters, a married individual as his sole and separate property; Kari Fahrion, Trustee of the Kari Fahrion Trust dated 6/26/12; Cory T. Peters and Kari Fahrion, as general partners of the Gary and David Peters Partnership, a CA general partnership; and Cory Peters, as Administrator of the Estate of David L. Peters; Under negotiation: Price and terms of payment
Council returned to open session and it was advised that there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 9:21 P.M.