MINUTES OF
REGULAR MEETING
December 6, 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: City Manager Anna Nicholas, City Attorney Ann Siprelle, Public Works Director Jesus Chavez, Recreation Manager Tiffany Vitorino, Police Chief Ruben Chavez, Economic & Community Development Director Jami Westervelt, Engineering Project Manager Danny Reed, and Administrative Services Director Melanie Correa
PRESENTATIONS
None.
PUBLIC COMMENT
Margaret Parker, resident of Gustine Gardens Apartments, advised of a violation of Title 25 Section 22, she explained the regulation states any building with over 16-units must have a full-time Property Manager on site. She voiced her concerns and advised of her issues with the apartment complex.
Mayor Nagy thanked Mrs. Parker for getting this issue on record. He suggested contacting electeds at Senate and Congress level.
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 November 15, 2022 Regular Meeting
Recommendation: Review and approve
2. Warrants
Recommendation: Review and file
3. Approve Resolution Naming and Confirming Signatories on the City’s Banking Accounts
Recommendation: Review and approve
4. Authorize Expenditure for North Ave Sewer Lift Station Repair Project Recommendation: Review and authorize
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Bonta inquired on warrants #13885 and #13886, to which Mayor Nagy advised the Rasmussen projects are separate projects.
Council member Brazil made a motion to approve the consent calendar.
The motion was seconded by Council member Ford and carried 5-0.
ADMINISTRATIVE AGENDA
5. DISCUSSION AND DIRECTION: 2022 Congestion Mitigation and Air Quality Call for Projects
1. Receive Staff Report
2. Receive public comment
3. Hold discussion and provide staff with direction
Danny Reed, Project Manager with Gouveia Engineering, presented the staff report.
There was no public comment.
There was some discussion related to how the Lucerne sidewalk in-fill project was identified, and the problems with the existing intersection at West, 3rd Ave and Lucerne.
Mr. Reed elaborated that project funding awards are expected in February 2023, at which point staff would bring the awarded projects back to Council for approval to proceed.
The Council directed staff to proceed with submitting both applications.
6. DISCUSSION & DIRECTION: Non-Conforming Uses in R-3 (Multiple Residential) and R-4 (Residential Professional) Zoning Districts
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.
Tom Navarro, Consultant Planner with CSG, provided additional background information and provided information on what the standard is among other jurisdictions.
During public comment, Larry Viveiros, resident of Gustine, advised of his purchase of one of the fire-destroyed homes on the east-side of town. He shared that he was given information prior to purchasing the property that he could rebuild to the existing footprint without issue. He further explained that the need to apply for a conditional use permit would incur excessive delays in rebuilding this current community eyesore and hazard.
After discussion, Council directed staff to remove detached single-family dwellings in R3 and R-4 zones by removing the “small-lot single-family housing” references in R-3 and R-4 zoning districts. They further directed to retain the requirement to rebuild legal, nonconforming dwellings “involuntarily damaged or destroyed” to the same footprint.
Lastly, Council directed staff to waive and remove from the code the requirement of obtaining a use permit.
Mr. Viveiros inquired whether he could submit his building plans for review to engage the process, with approval not coming until after staff could establish an ordinance addressing the removal of the use permit requirement.
7. Consider Resolution Accepting Crisis Intervention Team Grant and Authorizing City Manager to Execute Related Documents
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the resolution
Police Chief Chavez presented the staff report.
There was no public comment.
Council member Bonta made a motion to approve the resolution.
The motion was seconded by Council member Ford and carried 5-0.
CITY DEPARTMENT REPORTS
Public Works Director Chavez provided an update on the status of the leaf truck. He advised of intermittent water pressure lowering due to hydrant and valve project. He also advised the project was currently in the area of Railroad and Wallis. He updated on the replacement of street signs on West and South Avenue.
Police Chief Chavez reported on a recent shooting that occurred on November 27th.
He advised the Federal Bureau of Investigation informed the department of a social media threat to a commercial building located on South Ave. He commended Corporal Martinez for his work to de-myth the threat. Chief Chavez provided an update on the MAPS program, with the transition of program coordinator and contributory staff from First Behavioral Health Urgent Care Clinic. He informed Council of the Our Lady of Miracles parade request for Monday December 12th. Chief Chavez presented the City with a $2,400 donation for the Police Explorer’s Post from their recent assistance at Pebble Beach. Lastly, he informed Council the next time the Explorer Post would be assisting would be in July 2023.
Economic & Community Development Director Westervelt updated on her meeting with the Environmental Protection Agency in regards to the Congressionally Directed Spending award. She advised staff is working with Capitol Advocacy on the Fire Grant and advised staff is looking into a grant that may have potential to fund the outfitting of the alternative fuel vehicles that the police department has grant funding to purchase.
Ms. Westervelt also advised that Whichcraft Taproom and Sovanna’s Donuts are both moving forward. She advised staff attended a Clean California webinar and voiced staff concerns. She advised the city’s application for Permanent Local Housing Allocation was submitted and a confirmation was received, once approved staff will bring back to Council to review options. She updated Council of the recent Special Planning Commission meeting in regards to the Southeast Annexation project.
Recreation Manager Vitorino informed Council the Lion’s Club food and toy drive is this Friday. She also informed Council that Julie Rose is back working for the local paper, and that she was recently interviewed by Ms. Rose for a city park feature. Other items that were discussed during the interview included Christmas in the Park, and the Bench and Tree Tribute programs. Mrs. Vitorino reminded Council of the Christmas in the Park event on Friday December 16th.
Council member Brazil inquired on the downtown audio system, in regards to audio issues at the tree-lighting ceremony, to which Recreation Manager Vitorino advised that the issues only arose during the evening, and are being looked into.
On behalf of Fire Chief Borrelli, Administrative Services Director advised that he was ill and unable to attend the meeting. She relayed his appreciation towards Council for their assistance at the recent Breakfast with Santa event, and advised that it was estimated that there were 550 people served.
On behalf of the Finance department, Administrative Services Director Correa informed Council that a meeting was scheduled Thursday to bring City Manager Nicholas up to date on status of the FY 21/22 audit. She also advised that she has reviewed applicants for the Finance Director recruitment with the City Manager and that the process was continuing to move forward.
On behalf of the Clerks and Human Resources departments, Administrative Services Director Correa advised of her attendance at the League’s New Law webinar and BBK’s Public Records Act Renumbering webinar. She informed Council the City is hosting the City/County Relations Dinner on January 26th and advised the City will have Nicole Silveira, Merced County District Attorney, as speaker. She advised the City will be honoring Mayor Pro Tem Alexander at the December 20th City Council meeting and that Supervisor Lloyd Pareira will be present to swear in Council for their new terms.
Lastly, she informed Council of the invitation from the City’s sister city, Angra de Heroismo Portugal to their Festa Celebration in June 2023 and advised that those interested in attending will need to RSVP by December 30th.
CITY MANAGER REPORT
City Manager Nicholas thanked staff in assisting with getting her up to speed. She advised filling the Finance Director position is high priority.
CITY COUNCIL REPORTS
Council member Brazil welcomed City Manager Nicholas.
Council member Bonta commented on how great the downtown decorations look.
Council member Ford commended the Chamber for a well-executed Lighted Parade, and echoed the sentiment that the downtown decorations look spectacular.
Mayor Pro Tem Alexander welcomed City Manager Nicholas. He inquired an update on the Airport project priorities, to which Economic & Community Development Director Westervelt advised the fuel island is at the highest priority, with the second priority being runway lighting.
Mayor Nagy remarked on the success of the Chamber’s Old-Fashioned Christmas at Home events. He advised of several meetings he would be attending in the coming days.
CLOSED SESSION
None.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 7:55 P.M.