MINUTES OF
REGULAR MEETING
June 6, 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 - Giles - Mayor Pro Tem Ford - Mayor Nagy Staff present: City Manager Anna Nicholas, Assistant City Attorney Anne Branham, Finance Director Jennifer Morrison, Economic & Community Development Director Jami Westervelt, Recreation Manager Tiffany Vitorino, Police Corporal Francisco Martinez, and Administrative Assistant Desirae Porras
Council member Bonta was absent.
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, with Council member Bonta absent.
DECLARATIONS OF CONFLICT OF INTEREST
Mayor Pro Tem Ford advised of his abstention from the Dick’s Ford Tractor Repair warrants.
PRESENTATIONS
1. Certificate of Recognition
Gustine Rotary Club
Mayor Nagy presented the Certificate of Recognition to the Gustine Rotary Club.
Mayor Nagy thanked the Gustine Rotary Club for what their organization brings to the community. Mayor Pro Tem Ford expressed his appreciation for the Gustine Rotary Club.
Mayor Nagy further thanked the Club for projects and events they have hosted for the community.
PUBLIC COMMENT
Pat Brach, City resident, addressed the egret problem and asked the Council to help budget for clean sidewalks and streets.
Mayor Nagy advised of the depredation permit that the City has and also advised of the positive effects this permit has had at Schmidt Park.
Zachary Ramos, 1080 Elm Avenue Gustine, advised of his recent appointment to the Merced County Behavioral Health Advisory Board. He expressed his desire to work closer with officials on the Westside and the City on Behavioral Health Resources.
He thanked Mayor Nagy for being a part of League of Cities and fighting against fentanyl abuse.
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 16, 2023 Special Meeting
Recommendation: Review and approve
3. Minutes of the May 16, 2023 Regular Meeting
Recommendation: Review and approve
4. Warrants
Recommendation: Review and approve
5. Approve Request from Gustine Pentecost Society for Use of City Streets and Services for Annual Celebration Event
Recommendation: Review and approve use
6. Approve Contract for Public Works Utilities Project Consultant and Authorize City Manager to Enter into Contract
Recommendation: Review and approve contract and authorize City Manager to execute contract
7. Approve Gustine Employee Salary Schedule
Recommendation: Review and approve
8. Approve Request from Gustine Rotary Club for Use of City Streets and Services, and Waiver of fees for 80th Anniversary Event
Recommendation: Review and approve use and waiver
9. Approve Updated Mayoral Committee Appointments for 2023-2024 Recommendation: Review and approve resolution
10. Approve Resolution Approving Amendment to Memorandum of Understanding Between City of Gustine and Gustine Clerks Association
Recommendation: Review and approve Memorandum of Understanding, and authorize City Manager to execute agreement
11. Approve Resolution Approving and Authorizing Execution of Memorandum of Understanding with Gustine Traveling Library for Landscaping at Lions Park Recommendation: Review and approve resolution
Mayor Nagy introduced the consent calendar.
There was no public comment.
Mayor Pro Tem Ford requested to remove consent calendar items #6 and 7 for further review.
Council member Marsigli requested to remove consent calendar items #9 and #11 for further review.
Council member Marsigli inquired clarification on consent calendar item #5, to which Mayor Pro Tem Ford clarified that the request is asking to minimize costs wherever possible and advised it is not asking to waive fees.
Mayor Pro Tem Ford made a motion to approve consent calendar items #2-5, 8 and 10.
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.
Council member Giles made a motion to approve the Dick Ford Tractor Repair warrants.
The motion was seconded by Council member Marsigli and carried 3-0, with Mayor Pro Tem Ford in abstention.
Mayor Nagy re-introduced consent calendar items #6 and 7.
There was no public comment.
Mayor Nagy inquired on why sick leave pay is being given to the Public Works Utilities Project Consultant, to which City Manager Nicholas advised under California Law employers have to compensate part-time employees for 24 hours of sick leave.
Council member Giles inquired on the PERS compensation for the Consultant, to which City Manager Nicholas advised that he is a PERS employee and will be reported to PERS as non-contributing.
Mayor Pro Tem Ford commented on the Public Works Utilities Project Consultant is listed on the employee salary schedule, to which City Manager Nicholas advised adding additional language by the position on the salary schedule “limited duration in accordance with contract employment agreement.”
Mayor Nagy also inquired on the effects of leaving the position open-ended, to which City Manager Nicholas advised that any potential raises would have to come back to Council for approval.
Mayor Nagy re-introduced consent calendar item #9.
There was no public comment.
Mayor Nagy advised of switching out Council member Marsigli for Council member Giles as the Ex-Officio for the Planning Commission.
Mayor Nagy re-introduced consent calendar item #11.
There was no public comment.
Council member Marsigli inquired on the City being named as additional insured, to which Assistant City Attorney Branham advised the requirements are located at the bottom of page 84 of the agenda packet.
Mayor Nagy inquired on the layout of the Lions Park, to which City Manager advised the layout is on page 88 of the agenda packet.
Council member Marsigli made a motion to approve consent calendar items #6, 7, 9 and 11.
The motion was seconded by Council member Giles and carried 4-0, with Council member Bonta absent.
ADMINISTRATIVE AGENDA
12. PUBLIC HEARING – Consider a Resolution Confirming Diagrams and Levying Assessments for Fiscal Year 2023-2024 for the Citywide, Southport, and Borrelli Landscape and Lighting Districts Pursuant to the Landscape and Lighting Act of 1972
1. Receive Staff Report
2. Open the public hearing
3. Close the public hearing
4. Consider a motion to approve the resolution confirming diagram and assessment and levying assessment for Fiscal Year 2023-2024
City Manager Nicholas presented the staff report.
Mayor Nagy opened the public hearing at 6:57 P.M.
There was no public comment.
The public hearing was closed at 6:58 P.M.
Mayor Pro Tem Ford made a motion to approve the resolution confirming diagram and assessment and levying assessment for Fiscal Year 2023-2024.
The motion was seconded by Council member Giles and carried 4-0, with Council member Bonta absent.
12. INFORMATIONAL – City Broadband Update
1. Receive Staff Report
2. Receive public comment
3. Hold discussion
Economic & Community Development Director Westervelt presented the staff report.
There was no public comment.
Mark Peterson, Unwired Broadband, provided background of the company. He also provided a timeline of the grant award and construction. He introduced his team to Council.
Council member Marsigli inquired if Unwired Broadband is still self-funding the project and if so what happens with the grant the City is receiving, to which Mr. Peterson advised the grant is directly for the City and stated that Unwired Broadband is applying for full funding for the build out of their Fiber Optic Infrastructure in the City.
Council member Marsigli inquired what happens if Unwired Broadband does not receive the funding, to which Mr. Peterson advised that this is a risk the company is willing to take.
Council member Marsigli asked Economic & Community Development Director Westervelt if the City grant can be used for this project, to which Economic & Community Development Director Westervelt answered no.
Mayor Pro Tem Ford inquired if the project is above or underground, to which Mr.
Peterson advised it is underground.
Mayor Pro Tem Ford inquired if the City has any fiber in town, to which Mayor Nagy advised the School District had fiber. Economic & Community Development Director Westervelt advised she was unsure.
Council member Marsigli inquired if Comcast was offering underground, to which Economic & Community Development Director Westervelt advised the project is partially underground with the remaining portions above ground.
Nathan Ahle, Director of Government Affairs, introduced himself and advised the company is in a better place with the project timeline. He also advised there are changes that need to be made in the project application. He thanked City Engineer Mario Gouveia and Danny Reed for their patience and for working with Comcast. He provided additional details on the project.
Council member Marsigli inquired on the speed and pricing, to which Mr. Ahle advised the pricing varies and is based on specials Comcast offers and stated the speed is at 1GB. He advised as of right now the City would look at 200MB for $35.
Mr. Peterson, Unwired Broadband, advised he does have the pricing available and would leave a copy with staff.
Council member Giles inquired on the duration of the project, to which Mr. Peterson advised it could be from 6-9 months for build time but stated it depends on if other projects are taking place. He advised there could be a strain on equipment, construction and personnel if other projects are taking place. He informed Council that there is no guaranteed timeframe for this size of project.
Mayor Pro Tem Ford inquired on the life duration of the fiber equipment, to which Mr.
Peterson answered 20-30 years.
CITY DEPARTMENT REPORTS
Corporal Martinez advised he had nothing to report.
Fire Chief Borrelli updated on the success of the MDA Fill-the-Boot Drive that took place on May 27th. He informed Council and the community that fire season is here and advised everyone to be aware and cautious. He also advised that the department’s 1st Assistant Chief is Rich Martin.
City Manager Nicholas, on behalf of Public Works, advised the down tree at Schmidt Park has been taken care of. She also advised that new bark has been installed at all City parks. She informed Council that Public Works is helping get the pool ready for the upcoming season. She stated she is having Public Works take a look at the trees at Henry Miller Park as precaution for the upcoming events.
Finance Director Morrison advised she had nothing to report.
Economic & Community Development Director Westervelt advised the City was approved through SB739 for a $40k grant to implement the online platform for solar permits. She updated on the new barbershop coming to town. She also advised the Whichcraft Taproom is requesting to make changes to their permit in regards to hours and patio dining and will be bringing those changes to Planning Commission. She informed Council of her meeting with the Rasmussens and advised of proposed alternate language in the contract. She advised these changes will be going to the Planning Commission in August.
Recreation Manager Vitorino updated on the opening of the pool and the success of the swim lessons and private lessons. She advised Tennis Camp started Monday and stated there are 20 participants. She also updated, due to the rain, Tennis Camp would be extended until Friday. She informed Council Lifeguard training will begin Sunday and continue throughout the week with Lifeguards testing the following Saturday. She updated on Adult Softball and the Little Mr. and Miss Gustine Pageant. She advised of her communication with the Laurel Avenue resident in regards to the egret issue. She stated the resident is very cooperative and trying to do as much as possible to get rid of the egrets. She also updated on Grover removing the trees at Schmidt Park.
Administrative Assistant Desirae Porras, on behalf of Administrative Services Director Correa, advised that she had nothing to report.
CITY MANAGER REPORT
City Manager Nicholas reminded the community of John Duarte’s mobile office on June 20th from 3 P.M. to 5 P.M. She advised of her upcoming meeting in Los Banos in regards to the Delta Mendota Groundwater Sustainability Plan. She thanked all department heads for all of their hard work.
CITY ATTORNEY REPORT
Assistant Attorney Anne Branham advised that she had nothing to report.
CITY COUNCIL REPORTS
Council member Marsigli inquired on tree replacements for the current trees being removed at Schmidt Park, to which City Manager Nicholas advised it could be an item to look into.
There was a brief discussion in regards to the type of trees that attract the egrets.
Council member Giles advised that he had nothing to report.
Mayor Pro Tem Ford inquired on discussing the street sweeper situation, to which City Manager Nicholas advised her and Public Works Supervisor Castro would like to bring this item to Council in August as an informational item.
Mayor Pro Tem Ford inquired why the street sweeper would not be included in the rate study, to which City Manager Nicholas advised there was not a conversation in the past in regards to adding a separate item line for street sweeper. She also advised the City would look into it.
Mayor Nagy advised he would like to have the Roundabout project go out for bids before Mario Gouveia leaves to the Azores. He also informed Council of his zoom meeting with Congressman Duarte tomorrow along with a Board of Directors meeting in the evening for League of California Cities. He also advised he has a quarterly meeting on Thursday at the Mchenry Mansion. He informed Council he will be leaving on vacation and will not see Council until the second meeting in July. He thanked Zach Ramos for being involved in so many activities.
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 Police Officers Association.
After returning to open session, it was reported that there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:55 P.M.