MINUTES OF
REGULAR MEETING
February 7, 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 Attorney Ann Siprelle, Public Works Supervisor Dennis Castro, Recreation Manager Tiffany Vitorino, Economic & Community Development Director Jami Westervelt, Finance Director Jennifer Morrison, Police Chief Ruben Chavez, Fire Chief Pat Borrelli, City Manager Anna Nicholas (via telephone), and Administrative Services Director Melanie Correa
PRESENTATIONS
1. Gustine Volunteer Fire Department Recognition
Pat Borrelli, Fire Chief
Fire Chief Borrelli thanked the volunteers and spoke to the commitment it takes on their behalf to dedicate time towards becoming a volunteer firefighter. Fire Chief Borrelli introduced the volunteers and Mayor Nagy presented the volunteers with certificates of appreciation.
2. New Employee Introduction
Jenny Morrison, Finance Director
Administrative Services Director Correa introduced and provided a brief background on Jenny Morrison, Finance Director.
PUBLIC COMMENT
Craig Christenson, 657 West Avenue, thanked the City and staff for the Community Development Block Grant provided to him 28 years ago. He expressed disappointment in regards to Airport flooding and issues with the eastside drainage project.
Mike Rasmussen, expressed frustration and requested to put their Planning Commission item on pause. He advised of the pipeline issue on Sullivan Road that was installed by Gustine Unified School District. He also advised the condition in the agreement that states that Mike and Rick Rasmussen will dedicate the sewer line to the City. He expressed further frustration in regards to increasing fees.
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 January 17, 2023 Regular Meeting
Recommendation: Review and approve
4. Warrants
Recommendation: Review and approve
5. Approve Request to Allow Mobile Food Vendors for Spring Movie Night Events Recommendation: Review and approve request
6. Approve Emergency Purchase in Excess of $10,000 for Composite Sampler Recommendation: Review and approve emergency purchase
7. Approve Request for Street Closures and Waiver of City Staff, Services, and Park Rental Fees for Annual Linguica Run
Recommendation: Review and approve request
8. Approve Resolution Adopting and Recertifying Updated Sewer System Management Plan
Recommendation: Review and approve resolution
9. Approve Mayoral Committee Appointments for 2023-2024 Recommendation: Review and approve
10. Approve Resolution Approving Purchase and Sale Agreement Between City and Gary and David Peters Partnership (APN: 020-082-008)
Recommendation: Review and approve resolution
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Brazil requested to pull consent calendar item #6 for separate consideration.
Council member Bonta requested to pull consent calendar item #9 for separate consideration.
Council member Marsigli inquired why the City is paying sales tax to Stanislaus County for tires. She also inquired if the City is trapping gophers, to which Mayor Nagy advised the City contracts for gopher abatement.
Council member Marsigli also inquired what the City’s energy bill was prior to solar and how much the City is saving, to which Administrative Services Director Correa advised staff is completing an internal analysis and will provide an answer by next Council meeting.
Council member Ford inquired on the State Water Resources Control Board warrant, to which Mayor Nagy advised it is a fee to the State for city water connections. Council member Ford inquired further clarification on the fee, to which City Manager Nicholas advised (via telephone) it is an annual fee.
Mayor Nagy inquired if the fee is passed to the rate payers, to which City Manager Nicholas (via telephone) advised the fee is paid from the water fund revenue.
Council member Marsigli requested to pull consent calendar item #8 for separate consideration.
Council member Bonta made a motion to approve consent calendar items #3, 4, 5, and 7.
The motion was seconded by Council member Brazil and carried 5-0.
Mayor Nagy re-introduced consent calendar item #6.
There was no public comment.
Council member Brazil inquired who owns the samplers, to which City Manager Nicholas (via telephone) advised the samplers are property of the City.
Public Works Supervisor Castro confirmed Hillview Packing also has a composite sampler and confirmed that sampler is owned by the City.
Council member Brazil inquired on the amount of received bids, to which City Manager Nicholas (via telephone) advised it was an emergency purchase and stated USA Blue Book was the only vendor able to provide the sampler within a reasonable timeframe.
She also stated to her knowledge that USA Blue Book was the only bid received.
Council member Brazil inquired on the purchase being from Illinois, to which City Manager Nicholas advised it could be the distribution location or the invoicing but she was not certain.
Council member Brazil made a motion to approve the emergency purchase in excess of $10,000 for composite sampler.
The motion was seconded by Council member Marsigli and carried 5-0.
Mayor Nagy re-introduced consent calendar item #8.
There was no public comment.
Council member Marsigli inquired on debris items not listed on agenda packet page 66 (SSMP page 14) of the Sewer System Management Plan. She also inquired if building owners could be included in the noticing requirements on agenda packet pages 82 (SSMP Section 7.3) and 90 (SSMP Section 11.3) in regards to outreach.
City Manager Nicholas (via telephone) advised of her conversations with Public Works Director Chavez in regards to targeted campaigns to inform the community on what not to flush. She advised the City is working on ways to get this information out to the community.
Council member Marsigli suggested including building owners, to which City Manager Nicholas confirmed the addition of building owners to the outreach.
City Manager Nicholas advised the City is relying on proactive education component due to restraint with monitoring and enforcement.
Council member Marsigli inquired if the numbers listed on agenda packet page 168 (SSMP Appendix E page 6-1) are accommodating for ADU’s, to which City Attorney Ann Siprelle advised she is not aware of this being a component of the Accessory Dwelling Unit law.
Council member Marsigli inquired if there is a time limit to approve the updated Sewer System Management Plan, to which Noe Martinez, Gouveia Engineering, advised there is no timeline to be compliant but recommended the sooner the better.
Council member Bonta inquired how the flow numbers are developed, to which Mr.
Martinez advised he does not know and would have to report back.
The Council pulled consent calendar item #8 from consideration, pending staff research.
Mayor Nagy re-introduced consent calendar item #9.
There was no public comment.
Council member Bonta proposed a change in his appointment to the Chamber of Commerce to the Downtown Revitalization. He suggested a swap with Council member Ford. Council member Ford was in agreement.
Mayor Nagy offered to sit in for Council member Marsigli on Chamber of Commerce, to which Council member Marsigli agreed.
Council member Bonta made a motion to approve consent calendar item# 9 as amended. The motion was seconded by Council member Brazil and carried 5-0.
Mayor Nagy re-introduced consent calendar item #10.
There was no public comment.
Council member Marsigli inquired on agenda packet page 218, agreement section
2.8.4, why funds are required by buyer and seller. She stated in her opinion the seller should not be listed in this section.
City Attorney Siprelle advised it could be a charge that is divided between buyer and seller but stated she was unsure of the reasoning.
Council member Marsigli pointed out section 2.9.3 was blank, to which City Attorney Siprelle advised that was ok.
Council member Marsigli stated exhibit A and B are repeated, to which City Attorney Siprelle attested the resolution must be recorded to memorialize Councils’ approval.
Council member Brazil made a motion to approve consent calendar item #10.
The motion was seconded by Council member Bonta and carried 5-0.
ADMINISTRATIVE AGENDA
11. Consider Nomination and Election of Mayor Pro Tempore
1. Receive Staff Report
2. Receive public comment
3. Nominate and consider a motion to elect a Mayor Pro Tem to serve a two-year term
Administrative Services Director Correa presented the staff report.
There was no public comment.
Mayor Nagy nominated Council member Ford for Mayor Pro Tem.
Council member Brazil made a motion to approve the nomination and elect Council member Ford as Mayor Pro Tem.
The motion was seconded by Council member Marsigli and carried 5-0.
12. Consider Re-Appointment to Gustine Airport Commission
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to re-appoint Airport Commissioner for a new two-year term Administrative Services Director Correa presented the staff report.
There was no public comment.
Council member Marsigli commented on the length of term, to which Administrative Services Director Correa advised the two-year term has been the historical practice, and is dictated in the City’s municipal code.
Council member Brazil suggested bringing the term length back to Council as part of the Municipal Code Subcommittee review.
Council member Marsigli made a motion to re-appoint Airport Commissioner Dioszegi for a new two-year term.
The motion was seconded by Council member Bonta and carried 5-0.
13. Consider Appointment(s) to Attend 2023 One Voice Delegation and Establish Priority Projects
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to appoint delegate(s) and establish priority projects for submission to Merced County Association of Governments
Administrative Services Director Correa presented the staff report.
There was no public comment.
Council member Marsigli inquired whether funding for Public Works could be included.
There was a brief discussion in regards to past One Voice experiences.
Council member Brazil made a motion to appoint Mayor Nagy and Council member Bonta as the 2023 One Voice delegates.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
Mayor Nagy advised he would like to add the National Endowment for Arts in the priority projects.
The Council confirmed they would like to submit all of the suggested projects with the addition of the National Endowment for Arts project.
CITY DEPARTMENT REPORTS
Police Chief Chavez gave a shout out to the Fire department and City staff on the City/County Relations Dinner. He updated on the Catalytic Converter event with Orestimba High School. He thanked Council for their support in the purchase of the communication antenna. He shared a presentation on Citizen RIMs feature. He distributed the new department Valentine’s patch, and informed Council the department is raising funds through selling department patches to develop a department honor guard.
Fire Chief Borrelli shared the department’s participation in Catholic Schools Week at Our Lady of Miracles School. He advised the department radios are not old enough to qualify for a potential radio grant. He informed Council of upcoming mandatory department training. He also advised that the Fill in the Boot Fundraiser event was planned for February 18th.
Recreation Manager Vitorino informed Council the tennis courts are being contracted out by the Orestimba High School Tennis Club. She advised the Orestimba High School tennis courts are being refurbished and once completed the team will return to their school courts. She also advised the pickle ball lines on the Schmidt Park courts are not official regulation and informed Council of community requests for regulation lines. She commended the Police Volunteers for their assistance with erecting the shelving at the Goman Center. She provided installation details for the Crinklaw Memorial bench.
Council member Brazil inquired if the security cameras at the tennis courts were working, to which Recreation Manager Vitorino advised the City is having wi-fi issues in that area which is impacting the security cameras. She advised the issue is being worked through the Mid-Valley IT.
Council member Brazil inquired if all the trees are planted, to which Recreation Manager Vitorino advised all Memorial trees are planted and the remaining trees will be planted in Spring, when the weather warms.
Lastly, Recreation Manager Vitorino updated on the Clean California Community Days event, which will take place in March.
Finance Director Morrison advised Council that she is starting on the FY 23/24 budget.
Economic & Community Development Director Westervelt advised both the business and building at 540 5th Street is for sale. She also advised the building next door to City Hall is for sale. She updated on the kickoff meeting for Multi-Jurisdictional Housing Element that took place on January 23rd. She informed Council of communications with HCD in regards to the SB2 Grant and using those funds towards the Multi-Jurisdictional Housing Element. She advised the Airport is reopened and flooding only took place on the taxiway. She provided information on her meeting with FAA in regards to the Airport and capital project list. She advised that airport hangars were an eligible expense for the Bipartisan Infrastructure Law funds and stated this item will be taken to Airport Commission on February 13th for their recommendation to Council. She updated on L&E Café reopening and encourages the community to visit.
Council member Brazil inquired if the Urgent Care is still operating, to which Economic & Community Development Director Westervelt advised it is still operating and stated they are due for a check-in.
Council member Bonta advised Dr. Veerappa and RAN Health are connected.
Mayor Nagy inquired if the City is submitting airport damage to FEMA, to which Economic & Community Development Director Westervelt advised the City is looking into the electrical boxes and stated Public Works Director Chavez is keeping a list of all items impacted at the Airport.
Mayor Pro Tem Ford inquired on the condition of the runway lights, to which Economic & Community Development Director Westervelt advised the lights are out of commission. She also advised the Airport Commission will weigh in on the light issue at their next meeting. She informed Council the lights are ACIP-eligible. She stated the FAA has ultimate input on funding priorities if the runway is deteriorated.
Council member Brazil inquired on solar at the Airport, to which Economic & Community Development Director Westervelt advised it is just PG&E.
Council member Brazil suggested tying it into the existing solar.
Public Works Supervisor Castro advised Public Works is installing new fiber into City park play areas. He updated on the Fire Hydrant Replacement project. He advised staff is looking into acquiring electric mowers. He also advised all holiday decorations have been taken down. He updated on the flooding on the Airport taxi ways. He advised staff has been trimming trees and filling potholes.
Council member Bonta advised of deterioration on Sullivan Road. He suggested contacting Caltrans to receive help improving to remedy Sullivan Road prior to the Hwy 33/SR 140 Roundabout detour.
Administrative Services Director Correa thanked the Gustine Fire Department volunteers, Fire Chief Borrelli, Ladies Auxiliary, Recreation Manager Vitorino, Administrative Assistant Desirae Porras and all other staff involved in the City/County Relations Dinner. She thanked District Attorney Nicole Silveira for being the event speaker. She advised of the large attendee count. She updated on the onboarding of the Part-Time Maintenance applicants. She informed Council of 3 new Reserve Officers onboarding tomorrow. She advised the City is still seeking interested candidates for the Airport Commission and Planning Commission vacancies. Mrs. Correa informed Council of one claim resulting from the severe weather in early January, and advised she is working with the property owner on full submittal. She welcomed Finance Director Morrison and advised she is a great addition to the team.
CITY MANAGER REPORT
City Manager Nicholas (via telephone) informed Council of her meeting with Nick Gomes, with Senator Duarte’s office. She advised of her attendance at the League of California Cities New Mayors and Council Members Academy, which she attended with Mayor Nagy and Council member Marsigli. She informed Council the City does not have the bulky item pick-up with Mid-Valley Disposal, and advised Mid-Valley Disposal has distributed an updated flyer for the City. She thanked the Fire Department Volunteers and expressed gratitude for their service. She welcomed Finance Director Morrison. She congratulated Council for their Mayoral appointments.
Mayor Pro Tem Ford inquired on the status of the street sweeper purchase, to which City Manager Nicholas advised the City has not purchased a street sweeper.
Mayor Pro Tem Ford advised of numerous weekly complaints received due to lack of regular street sweeping.
Mayor Pro Tem Ford reiterated past discussions in regards to purchasing a street sweeper.
City Manager Nicholas advised the City needs to get into the finances associated with this purchase and bring this item back to Council for a more in-depth conversation.
CITY COUNCIL REPORTS
Council member Marsigli expressed joy in attending the League of California Cities New Mayors and Council Members Academy. She reminded everyone of Motors on Main event in February.
Council member Bonta advised he had nothing to report.
Council member Brazil complimented the Fire Department volunteers.
Mayor Pro Tem Ford reiterated the great success of the City/County Relations Dinner.
He advised to be alert for the cattle egrets.
Mayor Nagy advised he will talk to the Caltrans Merced County Association of Governments liaison about Sullivan Rd improvements. He wished everyone a Happy Valentine’s Day. He advised he enjoyed the League of California Cities New Mayors and Council Members Academy. Last, Mayor Nagy welcomed Finance Director Morrison.
CLOSED SESSION
None.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:12 P.M.