MINUTES OF
REGULAR MEETING
June 7, 2022
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:30 P.M.
ROLL CALL
Council Members: Brazil - Ford – Alexander - Mayor Nagy Staff present: Interim City Manager Brad Kilger, Attorney Ann Siprelle, Police Chief Ruben Chavez, Recreation Manager Tiffany Vitorino, Fire Chief Patrick Borrelli, City Engineer Mario Gouveia, Public Works Director Jesus Chavez, and Administrative Services Director Melanie Correa
PRESENTATIONS
1. Proclamation Recognizing Vance and Donna Wolfsen
Mayor Nagy presented Vance and Donna Wolfsen with the proclamation.
2. Employee Introductions
Jose Gallardo, Community Service Officer
Michael Trujillo, Police Officer
Luciano Zelvaggio, Reserve Police Officer
Noreen Lobato-Canals, Police Records Clerk
Marco Lugo, Police Officer
Police Chief Chavez provided brief backgrounds and introduced each of the employees.
PUBLIC COMMENT
Refugio Llamas, Veterans Services Officer with Merced County Health & Human Services Agency, advised that the Veterans Services office is officially open, and their goal is to ensure veterans are connected with their entitled compensation and benefits.
Bart Barringer, Attorney for Gilton Solid Waste, advised that he had sent written communication to the City Attorney. Mr. Barringer relayed that the correspondence included a timeline of errors and backup documentation. He advised that in response, he received a short paragraph attesting that the contract was not for public service, and that Gilton had their chance to object. Mr. Barringer shared that none of the issues in his initial communication were addressed, and that Gilton was never given chance to protest, nor the chance to point out deficiencies within the RFP process, which included illegal dumping, street sweeping service, bulky item pickup service, service to city facilities, and city-owned recycling bins. Mr Barringer advised that Gilton’s purpose was to have a fair competition as a result of the RFP process.
Gustine Police Officer Kevin Roseen advised that he had accepted an offer of employment from another City. He thanked Council for their support.
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?
3. Minutes of the May 17, 2022 Regular Meeting
Recommendation: Review and approve
4. Warrants
Recommendation: Review and approve
5. Approve Adoption and Waive Second Reading of an Ordinance Amending Gustine Municipal Code Chapter 11-3 Relating to Solid Waste Recommendation: Approve adoption and waive second reading
6. Approve Resolution Adopting a List of Projects for FY 22/23 Funded by SB1: Road Repair and Accountability Act
Recommendation: Review and approve resolution
7. Approve Resolution Directing Biennial Review of City’s Conflict of Interest Code Recommendation: Review and approve resolution
8. Approve Resolution Accepting ADA Path to Play Area Project as Complete, Directing City Clerk to File a Notice of Completion, and Authorizing Final Payment of Retention Monies
Recommendation: Review and approve resolution
9. Approve Resolution Approving MCAG Measure V Regional Project Funding Agreement for Hwy 33/SR 140 Signalization Project, and Authorizing Interim City Manager to Execute Agreement
Recommendation: Review and approve resolution
Mayor Nagy introduced the consent calendar. There was no public comment.
Council member Brazil asked to pull consent calendar item #5 from consent consideration.
Council member Brazil inquired additional information on the A+ Plumbing warrant.
Public Works Director Chavez provided information that the repair was conducted in the alley between 5th Street and Hwy 33 near Chevron.
Council member Brazil advised pages 2-5 of the warrant list were out of sequence.
Council member Brazil also inquired for additional information in the warrant list “Project Summary” why $230,551.78 were lumped into a “none” category. Interim City Manager Kilger advised that staff would get a response back to Council.
Council member Brazil inquired about the project schedule in consent calendar item 9.
City Engineer Gouveia elaborated on the project timeline and advised the projected timeline was realistic.
Mayor Pro Tem Alexander made a motion to approve the consent calendar, without consent calendar item #5. The motion was seconded by Council member Ford and carried 4-0 with Council member Bonta absent.
Mayor Nagy called for a motion on consent calendar item #5, Council members Brazil and Ford advised of their no votes for this item. City Attorney Siprelle advised that this item would be continued for the next regular meeting of the Council for further consideration with all members present.
ADMINISTRATIVE AGENDA
10. Consider Appointment to Gustine Airport Commission
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to appoint applicant to the vacant seat on the Airport Commission
Deputy City Clerk Melanie Correa presented staff report. There was no public comment.
Council member Brazil thanked Mr. Costa for applying to volunteer.
Mayor Nagy nominated Jared Costa as an appointee to the Airport Commission.
Council member Brazil made a motion to approve the nomination. The motion was seconded by Mayor Pro Tem Alexander and carried 4-0 with Council member Bonta absent.
11. Consider Approval of Agreement for Transition Solid Waste Services, and Authorize Interim City Manager to Execute Agreement
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve agreement for transition solid waste services and authorize the Interim City Manager to execute agreement Interim City Manager Kilger presented the staff report. There was no public comment.
City Attorney Siprelle advised that service rates were included on the last page. Mayor Pro Tem Alexander made a motion to approve the agreement for transitional solid waste services and authorize the Interim City Manager to execute the agreement. The motion was seconded by Council member Ford and carried 3-1 with Council member Brazil in opposition and Council member Bonta absent.
12. Consider Resolution of Intention to Levy and Collect Assessments for Districts Formed Under the Landscaping and Lighting Act of 1972
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
City Engineer Gouveia presented the staff report. There was no public comment.
Council member Ford inquired whether fixed items within any of the Districts could be adjusted, to which City Engineer Gouveia advised that a 218 process would be necessary to adjust fixed assessments. Mr. Gouveia further explained that as per the Districts formation documents, only the landscape portion of the citywide assessment is fixed, and the lighting portion is adjustable. Council member Brazil made a motion to approve the resolution. The motion was seconded by Mayor Pro Tem Alexander and carried 4-0 with Council member Bonta absent.
13. Consider Adoption of Merced County Multi-Jurisdictional Hazard Mitigation Plan 2021-2026
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to adopt the Multi-Jurisdictional Hazard Mitigation Plan (2021- 2026)
Interim City Manager Kilger advised that staff is requesting this item be continued to the next meeting.
14. Consider Resolution Adopting Fees for the Reimbursement of Soft Costs Incurred for Preparation of Southeast Gustine Master Plan and Annexation
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
City Attorney Siprelle presented the staff report. There was no public comment. There was some discussion related how long the agreement lasted. Council member Brazil made a motion to approve the resolution. The motion was seconded by Council member Ford and carried 4-0 with Council member Bonta absent.
15. Consider Resolution Adopting City Council Agenda Policy
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
City Attorney Siprelle presented the staff report. Interim City Manager Kilger provided information that Los Altos’ policy was included for Council’s reference. Ms. Siprelle expanded on the section 2.5(b) “Placing items on an agenda”. There was no public comment. Interim City Manager Kilger advised staff would add a provision related to the City’s prior adoption of Rosenberg’s Rules of Order. Mayor Pro Tem Alexander made a motion to approve the resolution. The motion was seconded by Council member Ford and carried 4-0 with Bonta absent.
CITY DEPARTMENT REPORTS
Fire Chief Borrelli reported on May 20th structure fires. He thanked GPD, CalFire, Public Works, and his fire department staff for their teamwork during the incident. Lastly, Chief Borrelli commended the cohesive relationships county-wide between agencies.
Police Chief Chavez advised that CSO Gallardo has started weed abetment process on properties along Sullivan Rd. Chief Chavez reported on successful graduation ceremonies at both Gustine Middle and Gustine High Schools. He relayed that he would call a meeting of the Traffic Committee in the weeks leading up to the new school year. He reminded those in attendance that the City of Newman was conducting a Tower Run in support of the families of fallen officers. Chief Chavez advised of his attendance at the CalCities Community Policy Committee meeting.
Council member Brazil commented on the deterioration of the privacy netting on the fence at the police yard. Mr, Brazil also inquired whether active shooter training with schools has occurred, to which Chief Chavez affirmed such training had been conducted during spring break.
Chief Chavez offered information that monies have been allocated from ARPA funding to fix deteriorated privacy netting and install electric vehicle chargers at the police yard.
Fire Chief Borrelli advised results and funds raised by Cities in Merced County, including Gustine for the recent National Burn Association “Fill the Boot” fundraiser.
Recreation Manager Vitorino advised of her work with several organziations for upcoming special events. She reported receiving donations in memory of Ms. Eva Gomes, toward the Goman Center. She shared a letter expressing appreciation to the Council and City on the improvements made to the Center. Mrs. Vitorino announced that the fireworks mass mailer for donation shad been sent out. Recreation Manager Vitorino advised that lifeguard certification courses were scheduled for later in the week at the Aquatics Center, and she reported on a successful Movie Night. She advised that Color Run preparations are in full swing, and that the Aquatics Center would be open for patrons during the 4th of July in the Park event.
Council member Brazil inquired on frequency of open swim, to which Mrs. Vitorino advised of the staggered opening dates for day and night open swim sessions.
Public Works Director Chavez advised that the City’s application to the Department of Fish & Game for a new depredation permit had been submitted. He shared that the replacement of the leaky hydrant on West Ave was scheduled to be repaired the week of June 20. He advised of the status of the weed abatement process on parcels along Meredith Ave. Lastly, he reported that he was working with Mid-Valley Disposal to obtain pedestrian cans to place along Main St.
Council member Brazil inquired on status of residents with egret issues. Public Works Director Chavez shared the possibility of residents being able to work underneath the City’s depredation permit, if approved.
Administrative Services Director Correa reminded those in attendance that the City’s marquee is available for advertising opportunities. She alerted the Council of the upcoming CalCities Annual Conference, to be held in September in Long Beach. Mrs.
Correa shared that the Police Officer recruitment was closing on June 8th at 5 P.M., and that proposals for City Manager Search were due on June 9th at noon. Mrs. Correa remarked that Gustine was hosting MCAG’s TRB meeting on June 8th, and reminded Council of the planned special meeting of the Council to be held June 30th at 6 P.M.
CITY MANAGER REPORT
Interim City Manager Kilger expanded on status of capital projects, and advised that he was working with the City Engineer, who will be giving a presentation at an upcoming meeting. Mr. Kilger inquired interest from Council to cancel the July 5th Council meeting. He also shared that communications have started to schedule a meeting between School and City Subcommittee for July.
Council member Brazil inquired on the status of the service club sign, to which Interim City Manager Kilger advised this project was on his list.
CITY COUNCIL REPORTS
Council member Brazil inquired with the Council whether Westside Ambulance could be listed on a future agenda to present on their upcoming ballot measure. There was affirmative consensus from Council.
Council member Brazil shared his efforts in contacting state legislators to consider funding rural communities whose fire departments are understaffed. Mr. Brazil expressed his opinion on fireworks, suggested the City look into prioritizing public safety over fundraising efforts. Interim City Manager Kilger advised that in accordance with the new policy, staff would need Council consensus to allocate staff time.
Council member Brazil inquired the status of the Police K=-9 with Officer Roseen’s pending departure. Interim City Manager Kilger advised the matter was on the closed session agenda.
Council member Ford circled back to his questions from the budget workshop meeting related to sales tax and add-on sales tax. Interim City Manager Kilger advised that he would get with the Finance Director and would provide information to council.
Mayor Pro Tem Alexander advised that he had nothing to report.
Mayor Nagy advised of several upcoming meetings, including the CalCities Quarterly meeting on June 16th. He wished happy birthday to Council member Ford, and reminded those in attendance of the Gustine Lions Club chicken takeout to be held on June 13th.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2): 1 case
2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4): 1 case
After returning to open session, it was reported that there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 10:03 P.M.