MINUTES OF
SPECIAL MEETING
June 30, 2022
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:02 P.M.
ROLL CALL
Council Members: Bonta – Brazil – Ford – Mayor Nagy
Staff present: Interim City Manager Brad Kilger, Attorney Ann Siprelle (arrived at 6:08 P.M.), Finance Director Jas Birring, Public Works Manager Jesus Chavez, Recreation Manager Tiffany Vitorino and Administrative Services Director Melanie Correa Mayor Pro Tem Alexander was absent.
PUBLIC COMMENT
There was no public comment.
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. Approve Resolution Establishing Appropriations Limit and Certifying the Population Estimate for FY 2022/2023
Recommendation: Review and approve
2. Approve Resolution Confirming the 2.5% Utility Tax
Recommendation: Review and approve
Mayor Nagy introduced the consent calendar. There was no public comment.
Finance Director Birring advised of a calculation error on the calculation for consent calendar item #1. She reported that the spending limit appropriation should be $4,671,085.
Council member Brazil made a motion to approve the consent calendar. The motion was seconded by Council member Ford and carried 4-0, with Mayor Pro Tem Alexander absent.
ADMINISTRATIVE AGENDA
4. Consider Adopting the Final Budget for FY 2022-2023
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve and adopt the final budget for FY 2022-2023 Mayor Nagy advised that item #4 would be held first, to accommodate City Attorney Siprelle’s presence for administrative agenda item #3.
Finance Director Birring presented the staff report.
There was no public comment.
Council member Brazil expressed concern of the salary cost allocations, to which Finance Director Birring advised of the process for cost-allocation, and expanded that cost-allocations are created according to the percentages each individual position’s time is primarily spent.
There was further discussion in regards to transparency of current classifications, and budgeted positions.
Council member Ford inquired an update from California Department of Taxes and Fees, to which Finance Director Birring advised that she is preparing a response for the Council.
Council member Bonta made a motion to approve and adopt the final budget for fiscal year 2022-2023. The motion was seconded by Council member Ford and carried 4-0, with Mayor Pro Tem Alexander absent.
3. PUBLIC HEARING – Consider Resolution Adopting Rates for Solid Waste Collection Services
1. Receive Staff Report
2. Open the Public Hearing
3. Close the Public Hearing
4. Consider a motion to approve the resolution
City Attorney Siprelle presented the staff report.
Mayor Nagy opened the public hearing at 6:24 P.M.
Sheri Marsigli, 820 North Ave Gustine, advised that notice was not received at her business. She advised of her discovery that rates were increasing after Gilton picked up their cans. She expressed concern with the effect of increased rates on small businesses.
Matthew Brazil, 1001 Lucerne Ave Gustine, expressed concern with his cans being consistently serviced on different days of the week.
Christina Brazil, 1001 Lucerne Ave Gustine, advised how the rate increase would adversely affect low-income families. She inquired if any discounts or services will be given to offset the increased rate. She also inquired if a credit will be given to previous recyclers. She advised of multiple failed pick up instances by Mid-Valley Disposal. She inquired how the goals of SB1383 will be implemented. She also inquired if the trucks retrieving the refuse are gas-powered or hybrid.
Sheri Marsigli, 820 North Ave Gustine, advised that the City is charging $92.70 as a minimum bill, and expressed her disdain for such a high minimum bill.
Michelle Ridell, 697 Elm Ave Gustine, advised that there are three different trucks picking up various cans and inquired if the citizens are going to incur the costs of gas for those trucks.
Mayor Nagy inquired for the Clerk to announce count of protests received.
Administrative Services Director Correa advised that prior to the closing of the public hearing, the City received seven written protest letters in regards to the rates for solid waste service charges. She also advised that majority protest does not exist to the proposed rates for solid waste service charges.
The public hearing was closed at 6:32 P.M.
Council member Brazil advised that he did not receive the notice. He mentioned a resident’s concern in regards to the anticipated SB1383 fines for elderly and handicap residents. He inquired who sets the fines, to which City Attorney Siprelle advised that the City sets the fines.
Interim City Manager Kilger advised that the fines will not go into effect until 2024.
Council member Bonta commented on the use of multiple refuse trucks. He also inquired on the date the garbage rates were last increased, to which Administrative Services Director Correa advised that the last 218 process establishing rate increases for solid waste was adopted by Council in May, 2018. The approved increases have been
2.5% each year on July first.
Finance Director Birring updated that the refuse fund has a deficit of $83,542.13 to date.
She advised that if the proposed rates were not adopted at this meeting, anticipated deficit for FY 2022/2023 would be an additional $60k.
Council member Bonta inquired on the deficit, to which Finance Director Birring advised that the City has consistently been supplementing shortfalls occurring from the differences between collected refuse fees and contracted obligations with the previous hauler.
Council member Ford commented that the rate is specified for three 96-gallon cans, which varies from what was distributed to residents. He relayed his disdain in that bulky item pickup and street sweeping were not included as part of the contract.
Mayor Nagy advised that Mid-Valley Disposal will have community collection events twice a year.
Interim City Manager Kilger advised that staff is working with Mid-Valley Disposal on bulky items and street sweeping issues. He also advised that discussions are ongoing with Mid-Valley Disposal for senior and disabled residents to have a courtesy pick up during those collection events.
Council member Ford inquired for individuals who are unable to roll-out their cans, to which Interim City Manager Kilger advised discussions with Mid-Valley Disposal will be held to memorialize that practice.
Mayor Nagy expressed curiosity on how the State will re-use food waste, in accordance with the Bill. He inquired on how the mulch will be brought into the City and if it will incur additional costs, to which Interim City Manager Kilger advised that he would find out.
Council member Bonta made a motion to approve the resolution but would like to help residents who may have passed away and are still incurring a high City bill, to which Interim City Manager Kilger advised that he will have Finance Director Birring obtain the contact information of residents who had concerns with the service they’re receiving.
Interim City Manager Kilger also advised that he will find out the issue with split pick up dates.
The motion was seconded by Mayor Nagy and carried 3-1 by roll call vote, with Mayor Pro Tem Alexander absent and Council member Brazil in opposition.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
ADJOURNMENT
Mayor Nagy adjourned the meeting at 6:51 P.M.