MINUTES OF
REGULAR MEETING
April 18, 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 – Mayor Pro Tem Ford - Mayor Nagy Staff present: City Manager Anna Nicholas, City Attorney Ann Siprelle, Finance Director Jennifer Morrison, Police Chief Ruben Chavez, Public Works Supervisor Dennis Castro, Economic & Community Development Director Jami Westervelt, Administrative Assistant Desirae Porras and Administrative Services Director Melanie Correa
APPROVAL OF AGENDA
Council member Marsigli made a motion to approve the agenda as published.
The motion was seconded by Mayor Pro Tem Ford and carried 4-0.
DECLARATIONS OF CONFLICT OF INTEREST
Council member Marsigli advised of her abstention from consent calendar item #4.
Council member Bonta and Mayor Nagy advised of their abstention from per diem warrants.
PRESENTATIONS
PUBLIC COMMENT
None.
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 April 4, 2023 Regular Meeting
Recommendation: Review and approve
2. Warrants
Recommendation: Review and approve
3. Treasurer’s Report – March 2023
Recommendation: Review and file
4. Approve Request for Possible Competitive Business at Motors on Main Event Recommendation: Review and approve
5. Approve Updated Waste Water Operator Job Description Recommendation: Review and approve
6. Approve Resolution Approving and Authorizing Execution of Task Order with CSG Consulting Inc. for Planning Services Related to SB2 Grant and Multi-Jurisdictional Housing Element
Recommendation: Review and approve resolution
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Marsigli inquired on the Grover Landscaping warrant, to which City Manager Nicholas advised it was for a low-level assessment for tree trimming throughout the City conducted in the second half of 2022.
There was further discussion in regards to tree trimming maintenance options.
Council member Marsigli inquired what if the State denies revisions proposed on consent calendar item #6, to which Economic & Community Development Director Westervelt advised the City is hopeful the revision will be approved. She also advised if any further changes were required they will be brought back to Council with recommendations.
Council member Marsigli asked for an example of a required modification, to which Economic & Community Development Director Westervelt advised a common modification would be safety elements in the General Plan.
Council member Marsigli inquired clarification on the term “Environmental Justice Element”, to which Economic & Community Development Director Westervelt advised it is an element of the General Plan to make sure opportunities are available for housing those who do not have opportunities.
City Manager Nicholas provided additional examples of environment justice elements.
Council member Marsigli inquired why residential building permit activity is listed on consent calendar item #6, to which Economic & Community Development Director Westervelt advised the City is required to report the building permit process.
Council member Marsigli commented on the insurance requirement limit on the existing CSG agreement, to which City Attorney Siprelle agreed and advised that amount has been the industry standard for years.
Council member Bonta made a motion to approve consent calendar items #1, 2, 3, 5, and 6 with the abstention from their respective warrants.
The motion was seconded by Council member Marsigli and carried 4-0.
Mayor Nagy re-introduced consent calendar item #4.
There was no public comment.
Mayor Pro Tem Ford made a motion to approve consent calendar item #4.
The motion was seconded by Council member Bonta and carried 3-0, with Council member Marsigli in abstention.
ADMINISTRATIVE AGENDA
7. Consider Method to Fill Council Vacancy
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to direct staff on method to fill Council vacancy City Manager Nicholas presented the staff report.
There was no public comment.
Mayor Pro Tem Ford inquired on the date of a special election, to which City Manager Nicholas advised a special election would occur outside of the normal election cycle and a Regular Election would occur in November 2024.
Council member Marsigli inquired on the timing of Council vacancy, to which City Manager Nicholas provided an overview of the government code statute.
Council member Marsigli made a motion to direct staff to open an application period beginning on April 19, 2023 and closing on May 3, 2023 at 5 P.M.
The motion was seconded by Mayor Nagy and carried 4-0.
8. DISCUSSION & DIRECTION: Community Contribution Payment Expenditures
1. Receive Staff Report
2. Receive Public Comment
3. Hold discussion and provide staff with direction
City Manager Nicholas presented the staff report.
There was no public comment.
Mayor Pro Tem Ford mentioned his remembrance this payment was for 4th of July. There was a brief discussion in regards to past 4th of July committees and community donations.
Council member Marsigli commented on issues with the City’s audio system on Main Street.
There was further discussion in regards to what the funding should be used for.
Council directed staff to bring back additional information to fund the downtown audio system, fireworks, tennis court bleachers, and Henry Miller Gazebo repairs.
Mayor Pro Tem Ford advised the City to look into similar payment obligations from ENGIE Solar.
Council further directed staff to bring back this item annually for Council to consider expenditure options.
CITY DEPARTMENT REPORTS
Police Chief Chavez reminded Council of the Merced County Officer of the Year awards banquet on May 10th at the Elks Lodge in Merced. He updated on the new department radios that were received. He thanked Finance Director Morrison for her assistance with the department’s radio reimbursement process. He advised that County will be recognizing Filbert deSouza, a volunteer in the Gustine Portuguese community.
He thanked Council member Marsigli for connecting him with Stanislaus County Animal Control, who will be donating fifteen bags of dog food to the City. He updated on the Hops and Bangers event. He advised Fire Chief Borrelli was unable to attend tonight but stated that he had nothing to report.
Public Works Supervisor Castro advised of water leaks on East Ave, which will be taken care of this week and a leak on Fairview, which will be taken care of next week. He updated on the status of mowing city parks. He informed Council that Jesus Alonso, Maintenance Worker, passed his D2 test this morning and will be looking to take the Wastewater II test soon. He advised of issues the department has had with finding contractors to assist with water leaks.
Council member Marsigli inquired if the City has anything in the budget to help Public Works with the Schmidt Park landscape maintenance, to which City Manager Nicholas advised of estimates received for maintenance on Schmidt Park.
There was a brief discussion in regards to issues with upkeep of the City Parks.
Public Works Supervisor Castro advised the department is working with Central California Irrigation District (CCID) to get an estimate for CCID to take care of the weeds along Meredith Ave from Linden to Railroad.
Mayor Pro Tem Ford inquired on the valves leaking on Wallis, to which Public Works Supervisor Castro advised those valves need to be replaced.
Council member Bonta inquired if Public Works Supervisor Castro could provide an annual estimate on what the City spends on fixing leaks, to which City Manager Nicholas advised the City could look into it and provide an estimate.
Finance Director Morrison advised she had nothing to report.
Economic & Community Development Director Westervelt updated on the approval for Permanent Local Housing Allocation program funds. She updated that permits were secured for the asbestos removal and demolition of the three homes that were burned on 2nd Street and 3rd Avenue. She advised L&E Café will be reopening. She informed Council the Airport received information that the FAA has accepted the City’s Independent Fee estimate for the Airport Layout Plan. She updated Council on the welcoming of the new Airport Commissioner, Mr. Hardmon. She advised the Airport Commission has opted to hold the Fly-In event every other year.
Mayor Pro Tem Ford inquired if the grant money could be used for rehab on existing vacant rental units, to which Economic & Community Development Director Westervelt advised that funding the City applied for states to “build new.” Administrative Services Director Correa, on behalf of the Recreation Department, advised of a temporary Zumba Instructor filling in for Sheryl Gomes. She updated on the success of the Easter Egg Hunt. She advised the Miss Gustine Pageant raised over $700 through vendors at the Egg Hunt event. She updated on the meeting between Recreation Manager Vitorino and pickleball players in regards to adding additional pickleball courts. She advised facility rentals are booming and so far, most facilities are completely booked for May and June. She also advised the firework contract has been signed and once the Recreation Manager returns she will start working on 4th of July events and the summer pool schedule.
Administrative Services Director Correa introduced Administrative Assistant Desirae Porras and advised Mrs. Porras will be filling in when needed. She informed Council of the open recruitments for Lifeguard and Public Works Director.
CITY MANAGER REPORT
City Manager Nicholas advised Merced County Association of Governments will be at the May 2nd Council meeting for an annual presentation and to provide overview of the Micro Bus. She informed Council the weeds at the Urgent Care facility have been taken down and Lions Park has been cleaned up.
CITY ATTORNEY REPORT
City Attorney Siprelle advised that she had nothing to report.
CITY COUNCIL REPORTS
Council member Marsigli inquired on how to obtain information in regards to conditional or use permits, to which Administrative Services Director Correa advised a Public Records Request would need to be completed.
Council member Marsigli inquired on the process of receiving complaints or concerns, to which City Manager Nicholas advised the staff in the front office will take any complaints or concerns and direct them to the correct department. She also advised residents are able to “Report a Concern” online through the City’s website as well.
Mayor Pro Tem Ford inquired if the complaints are prioritized, to which City Manager Nicholas stated she believes Public Works has a checklist they work from.
Council member Bonta advised that he had nothing to report.
Mayor Pro Tem Ford advised that he had nothing to report.
Mayor Nagy advised of his attendance at the Chamber of Commerce meeting. He commended the Chamber for their successful meeting. He informed Council of his upcoming Merced County Association of Governments meeting on Thursday and stated they are in the process of reviewing the Multi-Jurisdictional Housing Element. He advised of his and Council member Bonta’s upcoming One Voice meeting on Thursday. He stated the City is next in line to receive bus stop kiosks. He advised of his attendance at the upcoming San Joaquin Valley Regional Policy Committee workshop from April 24 to April 26 in Manteca. He also advised he will be taking off to Arizona after the workshop for the remainder of the week. He informed Police Chief Chavez he will not be able to attend the Police Officer of the Year banquet due to his One-Voice trip to Washington D.C.
Mayor Pro Tem Ford informed Council the San Joaquin Valley Wide Selection Committee will be choosing a Valley Airborne Regional Committee member on April 20th.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee Organization: City of Gustine Public Works Association.
2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee Organization: City of Gustine Clerks Association.
After returning to open session, it was reported that there was no reportable action from closed session.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 9:05 P.M.