MINUTES OF
REGULAR MEETING
June 21, 2022
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:30 P.M. and conducted the pledge of allegiance
ROLL CALL
Council Members: Bonta - Brazil - Ford - Alexander - Mayor Nagy Staff present: Interim City Manager Brad Kilger, Attorney Associate Anne Branham, Police Chief Ruben Chavez, Recreation Manager Tiffany Vitorino, Fire Chief Patrick Borrelli, Gouveia Project Manager Danny Reed, Public Works Director Jesus Chavez, Economic & Community Development Director Jami Westervelt and Administrative Services Director Melanie Correa
PRESENTATIONS
1. Proclamation Recognizing the Importance of Local Parks Mayor Nagy presented Recreation Manager Vitorino with the proclamation.
2. Employee Introductions
Tianah Vitorino, Lifeguard
Lalanie Brace, Lifeguard
Daniel Gomes, Lifeguard
Maryjane Haro, Lifeguard
Leilani Aguilera, Lifeguard
Kyla Gonzalez, Lifeguard
Christina Navarro, Lifeguard
Recreation Manager Vitorino provided brief backgrounds and introduced each of the employees.
3. Capital Improvement Projects Update
Danny Reed, Gouveia Project Manager
Interim City Manager Kilger introduced the project timeline and advised that the list would be available on the City’s website.
Danny Reed, Project Manager, Gouveia Engineering, provided an update on the Capital Improvement Projects. Interim City Manager Kilger advised that the intent of the City would be to update this list quarterly.
Mr. Reed advised that City Engineer Gouveia is working with Merced County Association Governments and Billy Wright Landfill to offload the material at the old Corporation Yard to keep the 33/140 Roundabout Project moving forward. Mr. Reed further advised that City Engineer Gouveia is in the process of receiving specifications to go out for bids, once completed, the next step will be to bid the projects construction components.
Council member Brazil inquired on the tentative construction start date, to which Mr.
Reed confirmed the construction start date would tentatively January 2023.
Mr. Reed advised that the downtown roundabout at 4th Ave and 5th Street is in the final stages of getting the obligations completed for funding.
Council member Ford inquired on the location of the third phase of the multi-use path, to which Mr. Reed advised the phase would continue the Meredith multi use path east on Meredith to Railroad, and culminate at the 33/140 Roundabout plaza location.
PUBLIC COMMENT
Marissa, Deputy Director for Gustine Chamber of Commerce, advised the Chamber of Commerce will be hosting a water station at the Color Run. She also advised that Yvette and Richard Martin as this year’s 4th of July Parade Grand Marshall.
Bill Mattos presented Police Chief Chavez with a check on behalf of the Native Sons of Golden West. Mr. Mattos complimented the Police Explorer group on their hard work and assistance with their recent takeout event.
Craig Christenson, C&C Concrete, presented a check for $1,000 for 4th of July fireworks.
He advised that the West Ave. hydrant has been replaced. He also advised on the terrible condition of the water after replacement. He inquired whether the water was tested. He advised that the brown water resulted in clogged filters in his filtering system.
He expressed disappointment with Robert Friend Construction Company for their inconsiderate equipment drop-off. He reiterated his conversation with the contractor.
Mr. Christenson also advised of quads and motorcycles being driven on the park pathway.
Interim City Manager Kilger inquired whether Public Works Director Chavez can respond, to which Public Works Director Chavez advised of the hydrant project and how it affected the City water.
Interim City Manager inquired if staff was aware of the 3:30 A.M. equipment drop, to which Public Works Director Chavez advised that the contractor was advised of the City’s noise ordinances, and that the company made their own decisions to drop off so early.
Pat Rocha, 841 Ash Ave. Gustine, inquired on the plan for the egret eradication and for an update on tree trimming. Interim City Manager Kilger updated that the City is assessing City trees.
Ms. Rocha thanked Recreation Manager Vitorino for helping with Tennis camp.
Michael Courtney, Chief Administrative Officer, Westside Community Health Care District, brought awareness in regards to the community ambulance. He advised of lack of funds and taxes, which has been an issue for the last 40 years. He also advised that local fire departments do not staff paramedics. He stated that the District will be bringing a measure to the November ballot to accommodate for the District’s scarce funding sources.
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?
4. Minutes of the May 31, 2022 Special Meeting
Recommendation: Review and approve
5. Minutes of the June 7, 2022 Regular Meeting
Recommendation: Review and approve
6. Warrants
Recommendation: Review and approve
7. Treasurer’s Report – May 2022
Recommendation: Review and file
8. Approve Request to Cancel July 5, 2022 Regular Council Meeting Recommendation: Review and approve
9. Direct Staff to Send Out Warrant Checks Prior to July 19, 2022 Regular Council Meeting
Recommendation: Review and approve
10. Authorize Interim City Manager to Execute Agreement with Rocha Backhoe Services, Inc. for Installation of Permanent Driveway Approach at Henry Miller Park
Recommendation: Review and authorize
11. 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 Council member Brazil requested to pull consent calendar item #11 for separate consideration.
Mayor Nagy introduced the consent calendar items #4-10. There was no public comment.
Administrative Services Director Correa advised that the LAIF deposit listed on the Treasurer’s Report (consent calendar item #7) was a typographical error. An updated Treasurer’s Report was distributed to Council. She also advised of two non-substantial typographies in the June 7th City Council meeting that will be corrected. She made Council aware that a typographical error in the June 7, 2022 meeting minutes in administrative item #12.
Council member Brazil acknowledged Alan Rocha, of Rocha Backhoe Services, Inc., for volunteering to install the park entrance ramp.
Council member Bonta inquired if irrigation repairs for Schmidt Park are tapering off, to which Public Works Director Chavez answered affirmatively.
Mayor Pro Tem Alexander made a motion to approve calendar consent items #4-10.
The motion was seconded by Council member Brazil and carried 5-0, with Council member Bonta abstaining on consent calendar item #5 due to his absence at that meeting.
Mayor Nagy introduced item #11 on the consent calendar. There was no public comment.
Council member Brazil advised of his opposition of item #11. Council member Bonta made a motion to approve the adoption and waive the second reading of an ordinance amending Gustine Municipal Code Chapter 11-3 relating to solid waste. The motion was seconded by Mayor Pro Tem Alexander and carried 3-2, with Council members Ford and Brazil in opposition.
ADMINISTRATIVE AGENDA
12. Consider Resolution Approving Adoption of Merced County Multi-Jurisdictional Hazard Mitigation Plan 2021-2026
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
Police Chief Chavez acknowledged Captain Greg O’Dea, County Coordinator for Officer Emergency Services and Adam Amaral, Merced County Emergency Services Manager, for their help in preparing and coordinating the Merced County MultiJurisdictional Hazard Mitigation Plan. Police Chief Chavez presented the staff report.
There was no public comment.
Council member Brazil made a motion to approve the resolution. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0.
13. Consider Adoption of Amended and Extended Operating Agreement for Tip Top Farms
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to adopt the amended and extended Operating Agreement for Tip Top Farms
Associate Attorney Branham presented the staff report. Zach Drivon, attorney on behalf of Tip Top Farms, advised on current industry issues with market competition and saturation of product.
Council member Bonta inquired on the status of industry businesses being removed from Schedule A, to which Mr. Drivon provided his estimate of 3 years.
Mayor Nagy inquired on $12.50 per sq. ft. charge, to which Mr. Drivon advised that the monthly rate would be around $1,000.
Mayor Nagy also inquired on the micro-business percentage, to which Mr. Drivon advised that the micro-business can have up to four uses but it is required to have 3 uses. Mr. Drivon also advised that the City would assess their taxes dependent on the specific use of their business.
Council member Brazil thanked staff and legal counsel for their time assisting with this agreement.
Council member Ford inquired on an amendment regarding the sq. ft. rate that is being amended to a flat percentage rate, to which Associate Attorney Branham advised that it is based on an algorithm and gives two outlooks, one based on a sq. footage percentage and the other base on a flat percentage rate.
Council member Bonta made a motion to adopt the amended and extended Operating Agreement for Tip Top Farms. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0.
14. Consider Selection of City Managers Recruitment Firm and Authorize Interim City Manager to Execute Agreement for Services
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to select a search firm and authorize Interim City Manager to enter into agreement for services
Interim City Manager Kilger presented the staff report. There was no public comment.
Council member Ford inquired why the funding was being taken from the UUT account, to which Finance Director Birring advised that the allocation is at the discretion of the Council, and that it could be allocated in the same manner as the City Manager’s salary.
Mayor Nagy was in agreement not to use UUT funds.
I
Mayor Nagy inquired clarification on Koff & Associates insurance terms of contract, to which Assistant Attorney Branham clarified that the agreement should state that Koff & Associates has to maintain the insurance policy limits not Gallagher.
Interim City Manager Kilger also advised that the agreement should state that Koff & Associates firm has to meet the City of Gustine’s insurance requirements.
Council member Brazil inquired on the Community Outreach program in the Ralph Andersen & Associates proposal, to which Interim City Manager Kilger advised of his past experiences.
Council member Brazil inquired on the price difference between Ralph Andersen & Associates and WBCP, to which Interim City Manager Kilger advised that Ralph Andersen & Associates proposal is less than WBCP’s proposal without the Community Outreach survey.
Council member Ford made a motion to authorize the Interim City Manager to enter into an agreement with Ralph Andersen & Associates. The motion was seconded by Council member Brazil and carried 5-0.
CITY DEPARTMENT REPORTS
Police Chief Chavez advised that Community Service Officer Gallardo contacted the owners of the properties and the properties have since been disked He also advised that Community Services Officer Gallardo is working on identifying the owners of alleyways, to begin abatement in those locations. Police Chief Chavez stated that there will be full enforcement on 4th of July. He also asked the community to report any illegal fireworks.
Fire Chief Borrelli advised of the department recent training. He advised that the Fire Department is getting prepped for 4th of July and wished everyone has a safe 4th of July. He relayed that the new fire engine went in for warranty work and the back-up engine is at Burton’s getting its pump tested. He reported that the radios have been upgraded and now the operators are able to communicate with Newman. He updated on the July 10th breakfast at GPS Hall. He touched on the priority for weed abatement and thanked the City and Public Works Director Chavez for their work in clearing those hazards.
Finance Director Birring updated that she filed a final claim to State Water Resource Control Board for the Water Meter project. She advised that the City received a request from the Chamber of Commerce for their annual payment of $5,000 and that the City donation was approved in the FY 2021/2022 budget. She advised that the check would be included on the next warrant list. Finance Director Birring also advised she had sent an email to California Department of Tax and Fee Administration regarding Council member Ford’s question about sales tax and add on. She stated she researched how much was received in sales tax and add-ons in previous years and noticed that it is not an even split. She advised that once she hears back she will report back.
Public Works Director Chavez thanked Alan Rocha and Rocha Backhoe, for assisting with an emergency leak. He advised that a new pipe was installed at well #4 due to corrosion. He updated on the submission of depredation permit application for egret eradication.
Council member Bonta inquired if the depredation permit applies to the whole town or just City parks, to which Public Works Director Chavez advised that it applies to the entire city. He also advised that the tree-trimming will be done after the egrets are gone.
Council member Brazil expressed concern with overgrown weeds against residential fences on Sullivan Rd, to which Public Works Director suggested having the Community Services Officer Gallardo check out the area, and contact property owners for abatement.
Council member Bonta inquired if the contractor signed the contract for the Museum windows, to which Public Works Director Chavez advised he has not. Council member Bonta inquired if the changes were made on the contract and if the amended contract was sent to the contractor, to which Public Works Directed advised that the amended contract was given to the contractor. Council member Bonta also inquired on which windows will be replaced, to which Public Works Director stated he would look into it.
Mayor Nagy commented on the weeds on Bonta Ave. He also expressed concern with the manhole on Meredith Ave. and Sycamore Ave., to which Public Works Director advised that he would look into.
Economic & Community Development Director Westervelt advised that the Apricot Valley Urgent Care and Aesthetics has requested to open an Urgent Care at 408 5th Street and she stated that the Planning Commission will consider that request at the Planning Commission meeting on June 22nd. She updated Council on Community Health programs with Legacy Health Foundation. She advised of a new restaurant coming to 436 5th Street and opening in July or August. She also advised of a hospitalitytype business moving forward at 374 5th Street. She updated that 403 3rd Ave. is in escrow. She reported that the Car Wash and Laundry Mat at 726 South did sell, and relayed that the new owner is interested in making improvements to the business. She also reported that the Congressional Directed Spending application that the City submitted was on the list of projects submitted by both Congress Jim Costa and Senator Diane Feinstein. She also updated on her attendance in a virtual meeting with the Program Officer for State Parks Rural Recreation and Tourism.
Council member Brazil inquired on the Healthcare Centers of America and their unsightly weeds, to which Economic & Community Development Director Westervelt advised that the business is in compliance but she will look further into the weed abatement issue.
Council member Bonta inquired if the City can make an effort to attract small manufacturing, to which Economic & Community Development Director Westervelt responded with the challenges that could arise.
Recreation Manager Vitorino updated on Color Run participation. She advised that GHS Class of 2023 and the GHS Football team are working hard to recruit sponsorships and participants. She updated on the food vendors and attractions for 4th of July in the Park. She thanked Mr. Rocha for installing the permanent ramp at Henry Miller Park. She updated on the Lifeguard training. Recreation Manager Vitorino advised that she is coordinating with the Fire Department for training drills in the event of an emergency at the pool. She also advised that she is working with Mid-Valley Disposal and Public Works Director Chavez to develop a service plan for City parks and facilities. She updated that firework donations are still being received.
Council member Ford inquired on the $25 Tennis Court fee, to which Recreation Manager Vitorino explained the fee covers a gate code, which tracks who is entering the Tennis Courts. Council member Ford inquired if the gate is self-closing, to which Recreation Manager Vitorino answered affirmatively. She also advised of signs that were being installed at the parks in regards to cameras and consequences for driving on the path at Schmidt Park.
Council member Bonta inquired when the cameras will be working at the Al Goman Center, to which Recreation Manager advised that the City is working to repair the Wi-Fi connectivity at the Goman Center which will accommodate remote viewing of the tennis court cameras.
Administrative Services Director Correa advised the Council that the Annual Conference accommodations will be booked in the coming days. She reminded Council that the next City/County Relations Dinner will be held on July 21st in Atwater.
She advised that the City will be having a 4th of July parade entry with Fire Chief Borrelli as escort. She reiterated that the City will be having a special meeting next Thursday June 30th at 6 P.M.
Council member Bonta inquired the policy on vacation buyout, to which Administrative Services Director Correa advised that it differs between bargaining group MOU’s and employment contract employees.
CITY MANAGER REPORT
Interim City Manager Kilger advised that he had nothing to report.
Council member Brazil inquired an update on Rasmussen’s and Katakis, to which Interim City Manager Kilger advised that the Rasmussen’s are continuing their application and are moving forward. He advised that there are no new updates for Katakis.
Council member Brazil expressed concern with Katakis incurring all of the costs, to which Interim City Manager Kilger advised that the reimbursement agreement will make the Rasmussen’s financially responsible for processing costs.
CITY COUNCIL REPORTS
Council member Bonta advised that he had nothing to report.
Council member Ford inquired if Mid-Valley Disposal will be sweeping our streets on a regular basis, to which Interim City Manager Kilger advised that street sweeping was not included in the scope of the request for proposals. Mr. Kilger also advised that the City is working with Mid-Valley Disposal to provide the City with temporary street sweeping services.
Council member Ford expressed concern with Mid-Valley’s sweeping services, to which Interim City Manager Kilger advised that the City will look into the concerns of accuracy and effectiveness.
Council member Brazil inquired an update on microphones for staff, to which Interim City Manager Kilger advised that it is on the list of priorities and he will look into it.
Mayor Pro Tem Alexander advised that he will be absent at the June 30th Special meeting due to traveling out of state.
Mayor Nagy updated on his attendance at the MCAG Governing Board meeting. He advised of a new Caltrans Federal Grant opportunity available. He also advised that Supervisor Pareira recommended the City of Gustine as recipients of Hawk System crosswalks at three different sites in town. He also advised that he completed his 6-year term with the Local Agency Formation Commission for the City of Gustine. He asked our citizens to be water conscious and conserve as much as possible. Mayor Nagy thanked Rocha Backhoe for everything they do for our community.
Council member Ford inquired if the City will have to have a separate agreement and a 218 for street sweeping, to which Interim City Manager Kilger advised that street sweeping is not an enterprise, therefore no 218 process would be required. Council member Ford inquired on how the City will pay for street sweeping, to which Interim City Manager Kilger advised that he will look into it.
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: Interim City Manager: Employee organization: City of Gustine Clerks Association.
2. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6 Agency Negotiator: Interim City Manager: Employee organization: City of Gustine Public Works Association.
3. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6 Agency Negotiator: Interim City Manager: Employee organization: City of Gustine Police Officers Association.
4. CONFERENCE WITH LABOR NEGOTIATOR – Pursuant to Government Section 54957.6 Agency Negotiator: Mayor: Interim City Manager: Unrepresented Employee: Economic & Community Development Director
5. CONFERENCE WITH LABOR NEGOTIATOR – Pursuant to Government Section 54957.6 Agency Negotiator: Interim City Manager: Unrepresented Employee:
Public Works Supervisor
6. CONFERENCE WITH LABOR NEGOTIATOR – Pursuant to Government Section 54957.6 Agency Negotiator: Interim City Manager: Unrepresented Employee: Fire Chief
After returning to open session, it was reported that there was no reportable action from closed session.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 10:17 P.M.