MINUTES OF
REGULAR MEETING
January 17, 2023
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: Marsigli - Bonta – Brazil - Ford - Mayor Nagy Staff present: City Manager Anna Nicholas, City Attorney Ann Siprelle, Public Works Director Jesus Chavez, Recreation Manager Tiffany Vitorino, Economic & Community Development Director Jami Westervelt, Police Chief Ruben Chavez, Fire Chief Pat Borrelli and Administrative Services Director Melanie Correa
PRESENTATIONS
1. Gustine Downtown Business Association 2022 Year-in-Review Zachery Ramos
Zachery Ramos, President of the Gustine Downtown Business Association, presented the 2022 Year-In-Review presentation.
2. Gustine Historical Society Project Partnership
Maryann Bloom
Maryann Bloom, President of the Gustine Historical Society, presented the project concept presentation.
3. City Volunteer Recognition
Police Chief Ruben Chavez, Police Volunteer Manuel Pinto and Recreation Manager Tiffany Vitorino
Police Chief Chavez gave a brief overview of the department’s volunteer department.
He thanked the volunteers for their work.
Police Reserve Officer M. Pinto introduced the volunteers and provided a brief background on each.
Recreation Manager Vitorino provided a brief overview of the Recreation Department volunteers.
PUBLIC COMMENT
Yvette Martin, on behalf of the Gustine Chamber of Commerce, informed Council the Chamber had fundraised $3,000 for Christmas tree decorations. She provided an overview of the clubs and businesses that supported the fundraiser. She also presented a check to the City in the amount of $920.42, to go towards the expense for the perimeter fence around the Christmas tree.
Isai Palma, with Valley Onward, advised that Valley Onward is partnering with Gustine Unified School District to provide leadership classes for parents. Mr. Palma also advised he would like to collaborate with the City in the future to encourage community members to contribute to the well being of the community.
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 December 20, 2022 Regular Meeting
Recommendation: Review and approve
5. Minutes of the December 20, 2022 Special Meeting
Recommendation: Review and approve
6. Warrants
Recommendation: Review and approve
7. Treasurer’s Report – December 2022
Recommendation: Review and file
8. Approve Resolution Adopting Amended City Council Agenda Policy Recommendation: Review and approve resolution
9. Approve Resolution Accepting Engie Solar Project as Complete, and Directing City Clerk to File a Notice of Completion
Recommendation: Review and approve resolution
10. Approve Resolution Waiving Garage Sale Permit Fees Twice Annually to Coincide with Community Clean-Up Events
Recommendation: Review and approve resolution
11. Approve Resolution Accepting Grant Funding for Police Officer Wellness Program Recommendation: Review and approve resolution
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Brazil advised of his abstention from consent calendar items #4 and #5 due to his absence at that meeting. Council member Brazil requested to pull consent calendar item #9 for separate consideration.
Council member Marsigli requested additional language be added to the resolution for consent calendar item #10 to accommodate in-person registration availability as well as adding this language to the informational flyer.
Council member Bonta made a motion to approve consent calendar items #4, 5, 6, 7, 8, 10 and 11 as amended.
The motion was seconded by Council member Marsigli and carried 5-0, with Council member Brazil abstaining from consent calendar items #4 and #5.
Mayor Nagy re-introduced consent calendar item #9.
There was no public comment.
Council member Brazil inquired of monetary losses caused by the delay in the project completion, to which Administrative Services Director Correa advised Engie was working hard during that time and going back and forth with PG&E, but stated she was unsure whether there were losses incurred.
Council member Brazil inquired if the City was entitled to recoup losses, to which City Manager Nicholas advised she could research it.
Mayor Nagy advised the City would need to review the contract to see if the contract stipulates liquidated damages or mandated discounts and savings.
The Council pulled consent calendar item #9 from consideration, pending staff’s research into the matter.
ADMINISTRATIVE AGENDA
12. Consider Awarding Contract for Well #6 Repair Project and Authorize the City Manager to Execute Agreement
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to award the contract to Foster Pumps for Well #6 repair project and authorize the City Manager to execute the agreement.
Public Works Director Chavez presented the staff report.
There was no public comment.
Mayor Nagy inquired whether the issue was with the pump motor, to which Public Works Director Chavez advised the motor is not the issue but customary practice is to check the motor to ensure all possible issues are discovered.
Council member Bonta inquired on the price of a new pump, to which Public Works Director advised he did not know the price but stated it would be much more than the repair cost.
Council member Brazil inquired what repair work had been done on well #6, to which Public Works Director Chavez advised he would research and report back.
There was a brief discussion in regards to the usage and demand of well #6.
Council member Ford requested fund names be included on staff reports.
Council member Brazil made a motion to award the contract to Foster Pumps for well #6 repair project and authorize the City Manager to execute the agreement.
The motion was seconded by Council member Ford and carried 5-0.
13. Consider Resolution Ratifying Local Emergency Proclamation of Flood Risk and Other Damage Resulting from Severe Weather Storms
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve the resolution
City Manager Nicholas presented the staff report.
There was no public comment.
City Manager Nicholas elaborated on the presidential declaration of emergency.
Mayor Nagy commented on the flooding at the airport and advised of flooding in several hangars.
Council member Ford inquired whether irrigation ditches have been cleared to which Public Works Director Chavez advised Central California Irrigation District cleared ditches last year and the remaining ditches are scheduled to be cleared this year.
Council member Bonta inquired on the reason for the flooding, to which Public Works Director Chavez advised it is due to excessive rain within a short period of time.
Council member Marsigli made a motion to approve the resolution.
The motion was seconded by Council member Bonta and carried 5-0.
CITY DEPARTMENT REPORTS
City Attorney Siprelle provided an update on the updated Brown Act legislation. She advised on SB2449, which provides limited remote attendance to local agency meetings, under specific circumstances. She gave an overview of requirements for limited remote attendance. She also updated on AB2647 and SB700.
Council member Brazil requested a copy of BBK’s literature on these topics, to which City Attorney Siprelle committed to forwarding pocket guides to Council.
There was a brief discussion in regards to conflict of interest on agenda items.
Mayor Nagy inquired on roll call votes, to which City Attorney Siprelle advised that a roll call vote is not necessary unless requested.
Public Works Director Chavez provided details for the 2023 community clean-up event.
He advised installation of the new parts for well #7 are on hold due to well #6 issues. He also advised that well #5 was starting to exhibit glitches in performance. Mr. Chavez updated on the on goings at the Wastewater Treatment Plant, during which he thanked Tony Chavarria and Jesus Alonso for their dedication and work at the plant.
Council member Brazil inquired on the amount of sandbags distributed during the storm, to which Public Works Director Chavez advised of the location and that sandbags are available on a fill-on-your-own basis.
Council member Bonta inquired on the levees at the Wastewater Treatment Plant, to which Public Works Director Chavez stated to his knowledge they are holding up.
Police Chief Chavez advised of City’s eligibility for FEMA expenditure recovery through the health and safety updates to the General Plan. He provided details on the catalytic converter etching program, to be held at Orestimba High School. He advised that safe routes to school details being enforced. Police Chief Chavez informed Council of the departments Crisis Intervention Team training on Wednesday and Thursday this week.
He advised that the RAN Board recently approved funding for new fingerprint equipment for the department. Lastly, he updated Council on new law updates.
Fire Chief Borrelli reported on the department call log statistics for 2022. He provided an overview of the local creek system, and provided insight on causes for local flooding.
Council member Brazil inquired on the cause for the fire that destroyed three homes on the east side of the City, to which Fire Chief Borrelli advised the cause was undetermined.
Economic & Community Development Director Westervelt advised of airport closure due to flooding on the taxi ways. She advised the $1.35M congressionally directed spending award for broadband was passed at the end of December. She updated on Sovanna’s Donuts and stated they may be opening in February. She also updated on the opening of Winter’s Custom Goods. She advised staff is continuing to work with developers for the Southeast Annexation. Lastly, Mrs. Westervelt provided a tentative open date for Family Dollar/Dollar General.
Council member Bonta inquired on the for-sale sign at La Mexicana, to which Economic & Community Development Director Westervelt advised she would look into it.
Mayor Nagy inquired on a new art and photography business on 712 5th Avenue, to which Economic & Community Development Director Westervelt advised she is following up with that business.
Recreation Manager Vitorino provided details on the Paint Night event on February 17th at the Goman Center. She advised of special event applications currently being processed. She advised she is working to identify indoor locations for pickle ball players to accommodate winter play.
Administrative Services Director Correa reminded Council of the Airport and Planning Commission vacancies. She advised of the Part-Time Maintenance Worker recruitment that closes tomorrow at 5 P.M. Lastly, she reminded Council of the City/County Relations Dinner on January 26that the Goman Center.
CITY MANAGER REPORT
City Manager Nicholas announced that the City’s new Finance Director would start February 1st. She reminded Council of the pending deadline for the Merced County Association of Governments One Voice trip. She advised she will be attending the City Council meeting on February 7th virtually due to her attendance at the League of California Cities City Manager Conference. She thanked the community and staff for their patience and dedication during the recent set of storms. She also thanked City officials and the community for their patience.
CITY COUNCIL REPORTS
Council member Marsigli advised Gustine High School FFA is taking donations for the Planada community.
Council member Bonta advised numerous potholes had formed on Sullivan Road and advised the City should look into it.
Council member Brazil reported on the average amount of rain since November 2022.
He advised the Gustine Post Office is hiring.
Council member Ford inquired on a bulky item pick-up policy. He advised of a resident situation with Mid-Valley Disposal in regards to bulky item pick-up.
City Manager Nicholas advised the City will look into it.
Mayor Nagy thanked the first responders, Public Works and City staff for helping during the storms. He advised of his upcoming trip with Council member Marsigli and City Manager Nicholas in Sacramento. He also advised of an upcoming meeting on February 9th for California Vanpool Authority. He expressed disappointment with the newspaper. He commented on the incorrect City names, misspelled resident names and rerun articles from the Turlock paper. He attested the City deserves more from the local newspaper.
CLOSED SESSION
None.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:48 P.M.