MINUTES OF
REGULAR MEETING
May 17, 2022
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:30 P.M.
ROLL CALL
Council Members: Brazil - Bonta – Ford – Alexander - Mayor Nagy Staff present: Interim City Manager Brad Kilger, Attorney Ann Siprelle, Police Chief Ruben Chavez, Public Works Director Jesus Chavez, Recreation Manager Tiffany Vitorino, Fire Chief Patrick Borrelli, Finance Director Jas Birring, and City Engineer Mario Gouveia
PRESENTATIONS
PUBLIC COMMENT
Pat Rocha, Ash Ave, Gustine, relayed the health hazard and damage being caused by the cattle egrets, who have nested in the trees surrounding and on her property. She relayed her frustration with alerting the prior City Manager of several egrets in 2021, and the lack of action to trim the reported trees while the egrets had migrated away during the fall and winter.
Dee Aguirre, Treasurer of the Gustine Chamber of Commerce, introduced Marissa Caballero as the Chamber’s new Executive Director. She directed any inquiries to contact Ms. Caballero. Ms. Caballero gave a brief background on herself, and advised that preparations were started for the upcoming 4th of July parade. She welcomed feedback from the community.
David Franklin, Wallis and Ash Ave, Gustine, inquired why the City didn’t continue egret eradication efforts outside of Schmidt Park. He also advised that his truck had recently been towed from his property without warning or notice. He relayed that Gustine Police Department advised that the truck was on public property. Mr. Franklin inquired whether the City would be taking care of the expense he incurred from the tow. Mayor Nagy advised that he was in receipt of Mr. Franklin’s letter on the matter and that Interim City Manager Kilger would be following up with him.
Richard Gilton, Gilton Solid Waste Management, introduced his attorney, Bart Barringer and son, Gene Gilton. Mr. Gilton relayed his concern with how the City’s recent Solid Waste RFP and award was handled. He expressed his concern with whether the new contract was valid considering the missteps within the RFP process. Mr. Gilton advised that throughout the years his company had continued to serve the City at times without a valid contract or contract addendum without any interruption of service. Mr. Gilton expressed his feelings that staff was not relaying discussions appropriately to Council.
Mr. Gilton further communicated his frustration with how the RFP was handled, and inquired whether he could discuss these concerns with someone.
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 May 3, 2022 Regular Meeting
Recommendation: Review and approve
2. Warrants
Recommendation: Review and approve
3. Treasurer’s Report – April 2022
Recommendation: Review and file
4. Approve Adoption and Waive Second Reading of an Ordinance Amending Gustine Municipal Code Section 4-66-030 Regarding Park Land Dedication and Fees
Recommendation: Approve adoption and waive second reading Mayor Nagy introduced the consent calendar. There was no public comment. Council member Bonta inquired whether the PG&E warrant reflected savings from solar arrays, to which Finance Director Birring advised on PGE’s true-up process. She also offered to provide Council with copies of the true up information when available. Council member Brazil inquired whether the Harris & Associates warrant was a partial payment, to which Finance Director Birring advised affirmatively. Council member Bonta made a motion to approve the consent calendar. The motion was seconded by Council member Brazil and carried 5-0.
ADMINISTRATIVE AGENDA
5. PUBLIC HEARING - Consider Resolution Adopting Public Facilities Impact Fee Nexus Study and Public Facilities Impact Fees
1. Receive Staff Report and presentation
2. Open the Public Hearing
3. Close the Public Hearing
4. Consider a motion to approve the resolution
City Attorney Siprelle introduced the item, and provided a brief overview of the staff report.
Interim City Manager Kilger requested a 5-minute recess to deal with technical issues at 6:48 P.M. Mayor Nagy called the meeting back to order at 6:55 P.M.
Adam Marston, Project Manager with Harris & Associates, gave the presentation. Mayor Nagy opened the public hearing at 7:09 P.M. Interim City Attorney Siprelle advised of an additional amendment for consideration. She advised that on page 14 within the “Credit and Reimbursement Policies” language, the developer asked that the language be made stronger to reflect that the City “shall” provide fee credits, instead of existing language that the City “may” provide fee credits. Ms. Siprelle advised that staff had reviewed the developer request and agreed to recommend the change.
George Petrulakis, Land Use Counsel for Ron Katakis, distributed a packet to Council, and expressed his appreciation of the work by consultants and City Attorney for this item. He also spoke of the importance of development processes and pointed out that in comparing Gustine’s developer fees to Newman and Los Banos, Gustine’s fees are higher both before and after the proposed impact fee updates. He expressed his concern that the financial viability of the project might lead them to return to Council with proposed changes. The public hearing was closed at 7:14 P.M. Council member Bonta inquired when the anticipated infrastructure fee revenue would be seen by the City, to which Interim City Manager Kilger replied those fees would be realized through the building permit process. Council member Bonta provided his input on substantiation of the differences in fees between Gustine, Newman, and Los Banos. Interim City Manager Kilger advised of the possibility that the City picks up the difference on infrastructure projects serving new developments and capacity that is to serve existing developments. Council member Brazil inquired on mis-information Council had received on impact fee amounts, and inquired whether the consultants had conferred with the Fire Chief in regards to additional needs. Mr. Marston provided information on the fee calculation process, and considerations and fine-tuning conducted in the finalization process. Council member Brazil inquired on capacity limits at the Waste Water Treatment Plant and how inflation is considered with the updated fee schedule.
Mr. Marston advised that the inclusion of escalation according to cost index, which factors in inflation. Mr. Marston advised that staff had advised Harris & Associates that existing Waste Water Treatment Plant could accommodate additional capacity.
Council member Ford inquired what parameters were for reimbursement, to which Mr.
Marston provided information that reimbursement would only apply if those funds were truly in excess of the project after completion. Mayor Nagy inquired additional clarifying language in who would receive reimbursement, to which Mr. Marston identified the current homeowner would be the recipient. Mr. Marston provided information that the state statute dictates the reimbursement recipient, he further relayed that Harris & Associates works diligently to only include those projects that are realistic in nature, to avoid any potential reimbursement. Mayor Nagy advised of a typo relating to number of intersections. Council member Brazil inquired whether the Grove/Sullivan roundabout was included in the study, to which Mr. Marston replied affirmatively. Mayor Nagy inquired if the City decided to remove an element of the study, would the fees automatically reflect the deletion, to which Mr. Marston replied that an amended study would be required for such scenario. Council member Bonta made a motion to approve the resolution. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0.
6. PUBLIC HEARING – Consider Resolution Approving a Vesting Tentative Subdivision Map for Southeast Gustine Development and Consider Approval of Reimbursement Agreement Related to Southeast Gustine Master Plan
1. Receive Staff Report
2. Open the public hearing
3. Close the public hearing
4. Consider a motion to approve Resolution approving a vesting tentative subdivision map for Southeast Gustine development
5. Consider a motion to approve the Reimbursement Agreement related to the Southeast Gustine Master Plan
George Osner, planning consultant, presented the staff report and presentation. Mayor Nagy opened the public hearing at 8:03 P.M. George Petrulakis, counsel for developer Ron Katakis, who also introduced Art Hand, School Facilities Consultant, and Jason Chapman, attending virtually from GDR Engineering. Mr. Petrulakis thanked Mr. Osner and City Attorney Siprelle for their help in getting this before Council. In addition to his previously mentioned impact fee cost comparison, he attested to the developer financial requirements to get the project ready to hand over to a builder. Mr. Petrulakis forecasted options that could be considered for fee deferrals, and fee credits. He informed Council of the possibility of request to defer development of the Grove/Sullivan roundabout and frontage improvements in front of Gustine Middle School. Council member Brazil remarked that he wanted assurance that the dual-basin would be implemented to actually serve as a dual-use basin. Mr. Brazil further inquired about a retaining wall along the backside of houses to protect the existing property owners. Mr. Petrulakis advised that the proposed separator is an 8’ fence. Council member Ford inquired which document prevailed between the EIR or the conditions of approval, specially relating to the intersection of Sullivan and Grove. Interim City Manager Kilger advised that if the conditions of approval were approved by Council, the roundabout would be required. Mr. Petrulakis advised that the conditions of approval would trump the EIR. Council member Ford inquired on the reference to Impact Utility #2 in the EIR, referring to a development agreement. Council member Ford expressed his opinion on agriculture land conversion impacts. Interim City Manager Kilger advised that with an adopted EIR for this project, allows the progression of the project as long as the project addresses the mitigation measures. Council member Ford also raised another inconsistency within the EIR relating to potable water and overdraft in comparison to the groundwater sustainability plan. Council member Ford expressed his frustration over the Council not being comprised of issues on this development along the way. Council member Ford suggested that these parcels be automatically included in the Citywide Landscaping & Lighting District, along with a new District formed to encompass those in the development. Mayor Nagy advised that #26 regarding street names. Mayor noted that one of the streets be named Faulder Court, in exchange for the allowance of the solar array on their property that serves as parking for City Hall. Charlie Adams, Adams Enterprises, LLC, and owner of two nonparticipating properties located adjacent to the development, expressed concern over the well installation and its negative impacts on neighboring wells. Mr. Adams reported that no maintenance had been done by the City on Mills Rd. Lastly, Mr.
Adams advised that he elects not to be included in a newly established Lighting & Landscape District. Mayor Nagy responded that the road maintenance agreement only held the City to maintaining the road at the same condition to which the County had maintained the road. Interim City Manager Kilger read a letter from Ben Fenters, Deputy General Manager, Water Resources, Central California Irrigation District. Mr.
Kilger advised of his discussions with Mr. Fenters, and relayed that involved parties understand that a substantial effort will be necessary to ensure the final map addresses all concerns. Antone Rozeira, 3320 So. Mills Rd Gustine, expressed his concern with the prior City Manager, and inquired why Council did not act on the lack of progress.
Mayor Nagy closed the public hearing. Council member Brazil made a motion to approve the resolution approving a vesting tentative subdivision map for the Southeast Gustine development, with the amendments to condition #22 as stated. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0. Mayor Pro Tem Alexander made a motion to approve the reimbursement agreement related to the Southeast Gustine master plan. The motion was seconded by Council member Bonta and carried 5-0.
7. Consider Accepting the City Single Audit for Fiscal Year 20-21
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion declaring review and accepting the single audit for FY 20-21 Finance Director Birring presented the staff report. There was no public comment.
Council member Bonta inquired additional clarification on summary item #6, Michael O’Conner of R.J. Ricciardi, provided information. Council member Bonta made a motion to declare review and accept the single audit for FY 20-21. The motion was seconded by Council member Brazil and carried 5-0.
8. Consider Introduction and Waiver of the First Reading of an Ordinance Amending Gustine Municipal Code Chapter 11-3 Relating to Solid Waste
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to introduce and waive the first reading of an ordinance amending Chapter 11-3 of the Gustine Municipal Code relating to Solid Waste City Attorney Siprelle presented the staff report. She also advised of a typographical error in section 11-3-18(a) of the draft ordinance, relating to administrative citations. The correction reference should be to sections 2-7-9 and 2-7-11 of the municipal code.
There was no public comment. Council member Brazil expressed his opinion on this state mandated regulation. Council member Ford advised that section 11-3-15 allows self-hauling of recyclables. Interim City Manager Kilger advised that the City’s recycle yard would remain available, and provided information that penalties would be imposed starting 2024. Mr. Kilger advised that staff would work through any issues to help clarify the City’s processes and procedures related to SB1383. Mayor Nagy expressed frustration of this unfunded state mandate, and its components. Mayor Nagy reopened public comment. Richard Gilton, Gilton Solid Waste Management, relayed that his company’s system eliminates many of the concerns being raised by Council.
Mr. Gilton remarked that staff did not relay the information correctly to Council from the RFP process. Council member Bonta requested this item be revisited at a workshop to further delve into the regulation. Mayor Nagy provided information that the matter is mandated by the state, and not open to local manipulation. Mayor Pro Tem Alexander made a motion to introduce and waive the first reading of an ordinance amending Chapter 11-3 of the Gustine Municipal Code relating to solid waste. There was a discussion related to the city’s current extension, and ramifications related to not approving this item. The motion was seconded by Council member Bonta and carried 3-2 with Council members Brazil and Ford in opposition.
9. DISCUSSION & DIRECTION: SB1 Project List
1. Receive Staff Report
2. Receive Public Comment
3. Hold discussion and provide staff with direction
Finance Director Birring presented the staff report. There was no public comment.
Council member Bonta inquired about the paving of 4th Ave, as part of the downtown roundabout project. City Engineer Gouveia provided background on the identification of projects, and advised against listing the specific paving project on this list. There was a discussion related to whether repaving 4th Ave was on the Pavement Maintenance Plan, to which Mr. Gouveia affirmed. It was clarified that the listed projects are options from which SB1 funds could be expended. There was some discussion, during which Council directed staff to list repaving 4th Ave on the list of projects. Interim City Manager Kilger advised that through weekly CIP Team meetings, staff was working to identify processes on how roads are identified for the Pavement Maintenance Plan. Finance Director Birring advised that an update to the Pavement Maintenance Plan would be listed on this year’s SB1 project list.
Council member Bonta excused himself from the Chambers at 9:30 P.M.
10. DISCUSSION & DIRECTION: City Manager Recruitment Process
1. Receive Staff Report
2. Receive Public Comment
3. Hold discussion and provide staff with direction
Interim City Manager Kilger provided the staff report.
Council member Bonta returned to the Chambers at 9:34 P.M.
There was no public comment. Council member Brazil advised of the importance of this process being very thorough. Mayor Pro Tem Alexander remarked his preference of holding interviews and Council being able to discuss the interviews in a closed session afterwards. Council directed staff to proceed with issuing a request for proposals from executive search firms to conduct the City Manager recruitment.
CITY DEPARTMENT REPORTS
Finance Director Birring updated that the refuse 218 process notices have been sent out starting the mandatory comment and notice period. She advised of monies received from the state for application for past-due sewer charges related to covid relief, she advised that eligible accounts have been credited. She advised that a budget workshop meeting would be held on May 31st. Council member Brazil inquired whether the 218 notices had been included with customer water bills, to which Finance Manager Birring advised they were mailed separately. Council member Brazil remarked that he does not always receive water bill insert materials, and advised he believes it’s because he pays his bill through express bill pay. Finance Director Birring advised she would look into Mr. Brazil’s issue.
Police Chief Chavez reported on the recently held Officer of the Year ceremony, and announced that Officer Michael Erickson was Gustine’s awardee. He reported on the department serving search warrants in relation to the drive-by shooting incidents. He advised of his attendance at the National Police Officers Memorial in Washington D.C.
He reported that the Sheriff’s Department recently searched two properties in town, resulting in an arrest. He invited anyone interested to attend the Merced County Officer Memorial ceremony at the County Building on May 18th at 9 A.M. Chief Chavez advised of his attendance at the County Emergency Care Committee meeting. Lastly, he advised of his attendance at a Merced County Chief’s meeting. Mayor Nagy commended the Chief’s active participation with the FBI. Mayor Pro Tem Alexander inquired on the Chief’s teleconference meeting relating to prospective COPS grant application. Chief provided information on the program.
Economic & Community Development Director Westervelt advised of her attendance on the MCAG One Voice delegation. She advised of an influx in business license applications. She also advised that the Planning Commission approved the conditional use permit application for Blades Aerial Applicators. Council member Brazil inquired on the status of the hangars with compromised roofs, to which Mrs. Westervelt provided additional detail. Mr. Brazil commented of his opinion that staff look to getting those hangars repaired. Mayor Nagy suggested staff look into companies looking to reclaim wood to assist in the hangar repair. The Council thanked Mrs. Westervelt for her representation of the City in Washington D.C.
Public Works Director Chavez advised of the department tasks, and of the recent uptick in graffiti in parks and restrooms, which his department was removing. Spring collection event was successful, completed Consumer Confidence Report. He advised he was working with the Department of Fish & Game to renew the City’s prior depredation permit, and he provided information on the limitation of location parameters if a permit were to be obtained. He reported his continued work with PG&E relating to the possible sinkhole at Linden/Meredith. Lastly, Mr. Chavez reported that two department staff had completed the initial course in obtaining a wastewater operator permit. Mayor Pro Tem Alexander advised of a communication with a resident related to the egrets and possible deterrence measures. Council member Bonta advised of complaints he fielded related to weed abatement around town. There was a discussion related to the process the City pursues to abate weeds around town. Council member Brazil commended the department on how great the parks look, he inquired on the watering schedule as the temperatures heat up. Public Works Director Chavez provided information on the juggling necessary to both water and accommodate for sporting events and park visitors. Mayor Nagy provided background on the City’s dealing with cattle egrets, and his meeting with Fish & Game on a past One Voice delegation and the preventative measures the City had to do prior to being able to obtain the one-year depredation permit.
On behalf of Fire Chief Borrelli, Mayor Nagy reminded everyone of the upcoming National Burn Association Fill the Boot fundraiser that is scheduled for May 28th at the intersection of Hwy 33/SR 140.
Recreation Manager Vitorino advised of the cancellation of the Miss Gustine and Little Mr./Miss Gustine pageant due to lack of applicants. She advised of the current consideration of moving the pageant to Thanksgiving. She reported on a pre-training recently held at the pool facility. She remarked on how great the pool is looking, and congratulated Jon Bishop for obtaining his Certified Pool Operator certificate. She advised registrations for all summer pool activities and classes was open for registrants.
She advised that she is seeking vendors for 4th of July in the Park, and shared that the Tennis Club would be hosting a Tennis Camp the week of June 6th. Mrs. Vitorino advised that the Boys & Girls Club Summer Camp registration was open, and that the Club would be at the Recreation Department Movie Night on May 27th to collect registrations as well.
CITY MANAGER REPORT
Interim City Manager Kilger advised of circumstances surrounding the City Clerks absence. He thanked staff and City attorneys for helping him get up to speed. He reported that he had been meeting with staff to understand the issues within their departments, and thanked Council for sharing their priorities as well. Interim City Manager Kilger advised he would keep Council comprised as those issues are worked through. Mr. Kilger advised that a review of the current water system conditions is occurring through CIP Team meetings, and advised of upcoming meeting with the Fire Department to discuss hydrant monitoring and maintenance. Council member Brazil inquired on the status of reimbursement for the K-9 police car, to which Mr. Kilger advised the issue would be scheduled for a future closed session discussion.
CITY COUNCIL REPORTS
Council member Bonta advised he had nothing to report.
Council member Brazil encouraged Interim City Manager Kilger to meet with Richard Gilton and his legal representative to discuss the concerns over the RFP process, to which Mr. Brazil expressed his agreement. Interim City Manager Kilger advised of the potential implications that would result from such a meeting, since the RFP has already been awarded. Mr. Kilger remarked his willingness to attend such a meeting if it were the desire of Council as a majority. City Attorney Siprelle suggested that Mr. Gilton’s attorney convey their concerns through the City Attorney’s office, to be relayed back to Council from the City Attorney. Council member Brazil inquired for a policy related to agenda setting, to which Mr. Kilger provided information on his suggested practice to gain a majority consensus to place items on a future agenda. Interim City Manager Kilger advised that with Council’s direction, he would like to bring an agenda setting policy to Council for consideration at a future meeting. Council expressed agreement with Mr. Gilton’s lawyer meeting with the City Attorney, and directed staff to bring an agenda setting policy for consideration at a future meeting.
Council member Ford mentioned the need for weed abatement along Sullivan Rd.
Mayor Pro Tem Alexander advised of a successful One Voice trip, and shared that State Representatives, in anticipation of a pending recession are unsure of how much monies will be released to local jurisdictions. Mayor Pro Tem Alexander thanked Mrs. Westervelt for her presence on the One Voice delegation.
Mayor Nagy thanked Mayor Pro Tem Alexander for representing the City in Washington D.C. He advised of his participation in the GHS AVID interviews, where he was impressed with the students presented themselves. He reminded everyone of the ceremonies at the San Joaquin National Cemetery and Hills Ferry Cemetery for Memorial Day, and reminded of the importance to honor those heroes. He ended with sharing his thoughts on a great meeting where he was impressed by everyone’s participation.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
ADJOURNMENT
Mayor Nagy adjourned the meeting at 10:45 P.M.