MINUTES OF
REGULAR MEETING
May 16, 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 - Giles - Mayor Pro Tem Ford - Mayor Nagy Staff present: City Attorney Ann Siprelle, Finance Director Jennifer Morrison, Economic & Community Development Director Jami Westervelt, Recreation Manager Tiffany Vitorino, Public Works Supervisor Dennis Castro and Administrative Services Director Melanie Correa
City Manager Anna Nicolas joined the meeting at 6:31 P.M.
Police Chief Ruben Chavez joined the meeting at 6:32 P.M.
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 5-0.
DECLARATIONS OF CONFLICT OF INTEREST
Mayor Pro Tem Ford advised of his abstention from the Dick’s Ford Tractor Repair warrant.
PRESENTATIONS
1. Public Works Week Proclamation
Mayor Nagy presented the proclamation to Public Works Supervisor Castro. Mayor Nagy thanked Public Works for everything they do for the City.
Mayor Nagy introduced Valeria Razon, Gustine High School Deputy of Public Relations.
Miss. Razon presented on behalf of Grant Hazan, Commissioner of Academics. She updated on various ASB events, end of year school events, athletics, FFA and she shared her appreciation for Mr. Cano and Mrs. Azevedo on behalf of the student body of Gustine High School.
PUBLIC COMMENT
Robert Villalobos, a representative from Tip Top Farms, thanked Council for allowing their business and advised the store is generating approximately $300K per month.
Arturo Martinez, Representative from Senator Caballero’s office, provided information on legislative updates.
Mayor Nagy inquired if the Senator could assist the City of Gustine with rehabilitation funding for the City pool, to which the representative stated he would pass the inquiry along to the Senator.
Mr. Martinez distributed written information on the legislature he discussed during his public comment.
Christian Santos, Field Representative of Congressman Duarte’s office, thanked Council and staff for allowing mobile office hours at City Hall. He congratulated Officer Gilstrap for earning Officer of the Year. He advised that the Congressman is soliciting for community projects to advocate funding for within their district.
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?
2. Minutes of the May 2, 2023 Regular Meeting
Recommendation: Review and approve
3. Warrants
Recommendation: Review and approve
4. Treasurer’s Report – April 2023
Recommendation: Review and approve resolution
5. Approve Fee Waiver Request from Merced County Boys & Girls Club for Use of City Facilities for Gustine Youth Summer Camp
Recommendation: Review and approve fee waiver and use of City Facilities
6. Approve Cancellation of July 4, 2023 Regular City Council Meeting Recommendation: Review and approve cancellation
7. Approve Request from Gustine Chamber of Commerce for Use of City Streets and Services, and Waiver of Fees for 4th of July Parade Event Recommendation: Review and approve use and waiver
8. Approve Resolution Approving Restated Merced County Association of Governments Joint Powers Agreement and Authorizing City Manager to Execute the Agreement
Recommendation: Review and approve resolution
9. INFORMATIONAL: Solid Waste Reporting and SB1383 Activities Recommendation: Review
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Marsigli inquired on the vehicle graphics, to which City Manager Nicholas confirmed they were logos for City vehicles.
Council member Marsigli also inquired on the soil removal warrant, to which City Manager Nicholas advised it was a final retention payment for the soil removal project for the Hwy 33/SR 140 roundabout.
Council member Marsigli inquired if the pool fees for Boys & Girls Club program were waived previously, to which City Manager Nicholas affirmed.
Council member Marsigli inquired clarification on the term “food insecurity,” to which City Manager Nicholas advised it the term used to refer to individuals who lack regular meals.
Council member Bonta made a motion to approve consent calendar items #2 and #4-
9. The motion was seconded by Mayor Pro Tem Ford and carried 5-0, with Council member Giles abstaining from consent calendar item #2.
Mayor Nagy re-introduced consent calendar item #3.
There was no public comment.
Council member Bonta made a motion to approve consent calendar item #3.
The motion was seconded by Council member Giles and carried 5-0, with Mayor Pro Tem Ford in abstention of the previously mentioned warrant.
ADMINISTRATIVE AGENDA
10. PUBLIC HEARING – Consider Introduction and Waiver of First Reading of an Ordinance Amending Gustine Municipal Code Chapter 11-3 Relating to Solid Waste
1. Receive Staff Report
2. Open the public hearing
3. Close the public hearing
4. Consider a motion to introduce and waive the first reading of an ordinance amending Gustine Municipal Code Chapter 11-3 relating to solid waste Economic & Community Development Director Westervelt presented the staff report.
Mayor Nagy opened the public hearing at 6:59 P.M.
There was no public comment.
The public hearing was closed at 7:00 P.M.
Council member Marsigli inquired a brief refresher of AB341 and AB1826, to which Economic & Community Development Director Westervelt advised they are the legislations related to recycling and solid waste that pre-date SB1383.
Council member Bonta made a motion to introduce and waive the first reading of an ordinance amending Gustine Municipal Code Chapter 11-3 relating to solid waste.
The motion was seconded by Council member Marsigli and carried 5-0.
CITY DEPARTMENT REPORTS
Police Chief Chavez advised that he had nothing to report.
City Manager Nicholas, on behalf of Fire Chief Borrelli, advised that both fire engines have been pump tested and are up to specification.
Public Works Supervisor Castro advised the department has been keeping up with the parks, airport, pool and wastewater. He informed Council three of the four city wells are up and running. He advised the department has been filling potholes and trimming trees. He updated on the weeds along Meredith, and thanked Council and staff for new mower purchase.
Council member Bonta commended Public Works on Schmidt Park.
Council member Marsigli inquired on the tulles at the Schmidt Park pond, to which Public Works Supervisor advised staff is looking into deterrents to eradicate the issue.
Mayor Pro Tem Ford inquired on the size of the new mower, to which Public Works Supervisor Castro advised it is the same size as the department’s current working mower. He also advised that the department is now working towards lowering the cut of the park grass, which explains why it may seem as though the department is not mowing quickly.
Mayor Nagy thanked Gustine Unified School District for allowing Public Works to borrow their mowing apparatus when the City was in need.
Council member Marsigli commented on the foxtails, to which Public Works Supervisor advised the department is doing their best by spraying.
Finance Director Morrison advised she had nothing to report.
Recreation Manager Vitorino advised she has found a deterrent spray for the tulles but needs to make sure it is safe for wildlife. She informed Council of an aeration project for the pond that will be brought to the Council for consideration in the coming months.
She updated on the Gustine Unified School District Community Night event. She advised there are five returning lifeguards and nine new lifeguard candidates. She informed Council there are two contestants for Miss Gustine and advised it will be a private pageant. She provided additional information on the Little Mr. and Little Miss Gustine pageant. She informed Council Gustine Unified School District submitted the shared use agreement request for their summer meal program. She advised the Boys & Girls Club is looking for local instructors. She also advised of open enrollment for Tennis Camp. She stated May is water safety month, and informed Council that egrets have returned to Schmidt Park. She advised the home owners on 285 Laurel Avenue are working on trimming their tree to deter egrets from settling in.
Mayor Pro Tem Ford inquired if the City will remove nests and eggs this year, to which Recreation Manager Vitorino affirmed.
Council member Marsigli inquired why the City does not start removing the nests, to which Recreation Manager Vitorino advised the City does not have a high enough lift and the lift they do have is extremely heavy, which causes concern with damaging sprinklers.
Mayor Nagy inquired if the City can find someone to remove nests instead of removing trees, to which Recreation Manager Vitorino advised the City can look into it.
City Manager Nicholas advised the City will address the emergent issue and stated staff will look to locate a person willing to remove the egret nests.
Economic & Community Development Director Westervelt advised the City is renewing the Depredation Permit and stated the permit requires tree trimming as part of the renewal process. She updated on a barbershop coming to 461 5th Street. She advised of her work with RAN Health and Community Health Centers of America on relocating the urgent care to the RAN Health building. She informed Council she is working on the Multi-Jurisdictional Housing Element and advised she is looking for stakeholders. She also advised of the Multi-Jurisdictional Housing Element survey that she would like residents to complete online. She updated on the 2024 Airport Fly-In theme.
Administrative Services Director Correa advised of the Planning Commission vacancy.
She informed Council of the internal recruitments for Public Works Maintenance Worker and Police Officer. She reminded Council of the Special Budget Workshop meeting on May 30th at 5:30 P.M.
CITY MANAGER REPORT
City Manager Nicholas advised that she had nothing to report.
CITY ATTORNEY REPORT
City Attorney Siprelle congratulated Council member Giles. She informed Council of her absence at the upcoming City Council meeting due to being on vacation. She advised that Ann Branham, Assistant City Attorney, will be sitting in for her at the June 6th City Council meeting.
CITY COUNCIL REPORTS
Council member Giles thanked Council for allowing him this experience on City Council.
Council member Marsigli commented on street sweeper complaints. She inquired if there was a way to get the street sweeper details out to the public via City Snippets, to which City Manager Nicholas advised the City can include the street sweeper details in the July City Snippets newsletter. City Manager Nicholas advised Ronny’s Street Sweeper wouldl be coming out in the near future to sweep the streets in town.
Council member Marsigli commented on her observance of several Modesto Ash trees losing their leaves mid-season, suggesting the trees have some sort of issue.
Council member Bonta updated on his Washington D.C. trip as part of the MCAG One Voice delegation. He advised the trip was worthwhile.
Mayor Pro Tem Ford advised that he had nothing to report.
Mayor Nagy echoed Council member Bonta’s comments on attending the One Voice trip in Washington D.C. He commended Council member Bonta on the tenacity in his pitch. Mayor Nagy advised of an increase in tonnage being delivered to the County landfills, and commented on the unfunded mandate on imported compost.
Mayor Nagy inquired whether the City’s grant relating to SB1383 education could be used towards a concrete pad to receive the mandated mulch tonnage, to which Economic & Community Development Director Westervelt advised the City did receive a grant but City staff did not see use for all of that to be dropped off and not used.
Mayor Pro Tem Ford inquired if the City has to purchase the compost back, to which Economic & Community Development Director Westervelt affirmed.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
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.
3. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee Organization: City of Gustine Police Officers Association.
After returning to open session, it was reported that there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:11 P.M.