MINUTES OF
REGULAR MEETING
August 1, 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: Giles - Marsigli – Bonta - Mayor Pro Tem Ford – Mayor Nagy Staff present: City Manager Anna Nicholas, Public Works Director Gary Ingram, Recreation Manager Tiffany Vitorino, Fire Chief Patrick Borrelli, Finance Director Jenny Morrison, Assistant City Attorney Anne Branham, Police Lieutenant Samuel Joseph and Administrative Services Director Melanie Correa
APPROVAL OF AGENDA
Council member Bonta made a motion to approve the agenda.
The motion was seconded by Council member Marsigli and carried 5-0.
DECLARATIONS OF CONFLICT OF INTEREST
None.
PRESENTATIONS
1. Miss Gustine Court Introductions and Project Presentations Ashlyn Alamo, 2023 Miss Gustine
Valeria Razon, 2023 Miss Gustine 1st Runner Up
Recreation Manager Vitorino introduced the Miss Gustine Court.
Miss Gustine First Runner Up, Valeria Razon, shared her project presentation on beautifying the county library.
Miss Gustine, Ashlyn Alamo, shared her project presentation on revitalizing the heart of the City.
2. 2023 4th of July Parade Grand Marshall Recognition
Judi Gandy, Gustine Chamber of Commerce
Judi Gandy provided an overview of Manuel Vaz’s City contributions and accomplishments.
Mr. Vaz thanked everyone for the recognition.
PUBLIC COMMENT
Joe Oliveira, Gustine Lion’s Club, expressed appreciation for Council’s dedication and offered advice to new members. He updated on the revenue from the Lion’s Club Beer Booth on 4th of July. He presented a donation for fireworks in the amount of $1,841, another for the Gustine Police Department Volunteer program in the amount of $2,000 and lastly, one for the Recreation Department in the amount of $4,000. He reminded everyone of the Lion’s Club Rib-O-Rama event on Saturday and advised City support is appreciated.
Mayor Nagy thanked Mr. Oliveira and the Gustine Lion’s Club for the donations and support.
Administrative Services Director Correa read a public comment that was emailed to the City Clerk during the last City Council meeting. The comment was from Dennis Brazil, who shared frustration with the lack of clear audio for virtual attendees from those speaking within the Council Chambers during meetings.
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 July 11, 2023 Special Meeting
Recommendation: Review and approve
4. Minutes of the July 18, 2023 Regular Meeting
Recommendation: Review and approve
5. Warrants
Recommendation: Review and approve
6. Approve Request to Close City Hall and Police Department Lobbies December 27-29 and Cancel January 4, 2024 Regular Council Meeting Recommendation: Review and approve
7. Approve Resolution Declaring Surplus Property and Authorizing the Sale, Auction or Destruction of Certain City Property
Recommendation: Review and approve
8. Approve Expenditure Request for In-Car Cameras for Police Vehicles Recommendation: Review and approve
9. Approve Expenditure Request for Waste Water Treatment Plant Aerators Recommendation: Review and approve
10. Approve Expenditure Request for Two Police Vehicles Plus Equipment Outfitting Recommendation: Review and approve
11. Approve Request for Use of Streets and Services for Annual National Night Out Event
Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.
Administrative Services Director Correa advised of a typographical error and additional language necessary in the July 18, 2023 Regular meeting minutes during the Public Works Director Department update relating to trees in Henry Miller Park.
Mayor Nagy inquired vehicle numbers for the surplus list in consent calendar item #7, to which Lieutenant Joseph provided vehicle numbers.
Lieutenant Joseph took a moment to thank the Lion’s Club for the donations and shared the Lion’s Club involvement in resurrecting the Police Explorer program.
Council member Bonta inquired on consent calendar item #9 and whether start up supervision was necessary, as it was not included in the quote. Public Works Director Ingram advised the staff has experience with this specific type of aerator and start up supervision is not necessary with their experience.
Council member Marsigli inquired on the PG&E true up warrant, to which City Manager Nicholas provided background and advised further investigation is being done.
Council member Marsigli inquired if the Thomas & Associates work was under warranty, to which City Manager Nicholas advised it is part of the North Ave lift station project.
Council member Bonta inquired workers compensation liability warrant, to which City Manager Nicholas advised it is the quarterly premium for all city insurance premiums.
She also advised it is paid out of many funds and is allocated based on percentage.
Council member Marsigli suggested including fund numbers from which the warrants are being paid from, to which City Manager Nicholas advised the City can work on the available reporting options.
Council member Marsigli commented on the lifespan of the in-car cameras, to which City Manager Nicholas advised per Police Chief Chavez, the in-car camera lifespan is overall five years.
Assistant Attorney Branham inquired if there any recusals, to which Council answered no.
Council member Giles made a motion to approve the consent calendar with the suggested amendment to consent calendar item #4.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
ADMINISTRATIVE AGENDA
12. Consider Approving Amendment to Administrative Services Director Employment Agreement
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve amendment to Administrative Services Director employment agreement
City Manager Nicholas presented the staff report.
There was no public comment.
Council member Marsigli inquired on the recruitment posting date, to which Administrative Services Director Correa advised Ralph Anderson & Associates posted the open recruitment late last week and that the City posted the open recruitment on the same date.
Council member Bonta made a motion to approve the amendment to Administrative Services Director employment agreement.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
13. Consider Resolution Adopting a General Fund Reserve Policy
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.
Mayor Nagy inquired if 33% reserve level is appropriate, to which City Manager Nicholas advised that amount is a recommendation based on other similar size cities with similar risk, and that setting a reserve level prevents reserve overfunding which could tie up funds unnecessarily. She also advised the amount could be set at a different amount per Council direction. She also advised the policy can always be revisited and revised.
Mayor Pro Tem Ford inquired on the dollar amount at 33%, to which City Manager Nicholas answered 33% of the current estimated General Fund expense would be $858K.
Mayor Pro Tem Ford inquired on the $125K that was set aside, to which City Manager Nicholas advised through her research she found a resolution from 2019 that stated there were 5% transfers done each year.
City Manager Nicholas advised any use of the reserve funds should come before Council for authorization.
Mayor Pro Tem Ford inquired how this policy would supersede the established resolution, to which Administrative Services Director Correa advised additional language will be added clearly stating that Resolution 2019-2477 was superseded.
Council member Marsigli inquired on adding categories for expenses, to which Assistant Attorney Branham advised the Council can add specific categories for the expenses.
City Manager Nicholas advised Council to limit specific categories, and instead hear expenditures on a case-by-case basis.
Mayor Nagy directed staff to add additional language to resolution clarifying the rescinding of the old resolution, and bring the item back to Council at the next meeting.
CITY DEPARTMENT REPORTS
Police Lieutenant Joseph reported on department arrests and citations. He informed Council Officer Trujillo will be attending FTO training next week. He gave kudos to the volunteers and advised how much help they provide to the department. He informed Council the department is devoting more detail to traffic with the back to school season approaching.
Fire Chief Borrelli advised that he had nothing to report.
Public Works Director Ingram advised Public Works is working on removing weeds and cleaning up the Feihe property. He also advised of additional assistance from CalFire to remove weeds. He updated on the irrigation issues at Schmidt Park. He advised of his work with Recreation Manager Vitorino on developing a plan to systematically target trees that are going to be the likely homes of the egrets next year. He updated on the use of the gas-powered broom on the multi-use path in Schmidt Park.
Council member Bonta gave kudos to Public Works for the upkeep of Schmidt Park path.
Public Works Director Ingram advised of putting together a future routine maintenance plan for the path.
Council member Marsigli inquired on the tree replacements, to which Public Works Director Ingram advised the trees have been received and will be planted.
Finance Director Morrison advised that she had nothing to report.
Recreation Manager Vitorino informed Council the firework and Color Run reports should be ready for next Council meeting. She updated on the Open House for the Aquatics Center. She thanked all attendees. She advised of Alcohol Anonymous meetings, hosted by Sober Living Valley Recovery, that take place every Friday at the Library Community Room. She informed Council the Aquatics Center will be closing for the season on September 2nd. She reminded Council of the Back to School Night, Movie Night and National Night Out events coming up. She thanked Craig Christenson for his donation. She informed Council of Peterson Shelter rental cancellations due to odors related to the egrets. She advised the Goman Center bar room has been painted by City staff. She thanked the Lion’s Club for the Aquatics Center donation. She informed Council of an upcoming appointment for pool resurfacing estimates. She advised Merced County will be out at the pool to do a pool facility inspection.
Council member Bonta inquired on pursuing pool grants, to which Recreation Manager Vitorino advised the City applied for three grants, none of which were awarded.
Administrative Services Director Correa thanked Council for approving her contract amendment. She updated on open recruitments for the City. She advised a new microphone has been ordered and will installed by the next Council meeting. She informed Council the League of Cities is seeking candidates for their 2nd Vice President vacancy and advised the deadline is August 7th. She commended Recreation Manager Vitorino and pool staff on the Open House at the Aquatics Center. She thanked staff for all their work on the City Snippets newsletter.
CITY MANAGER REPORT
City Manager Nicholas advised that she had nothing to report.
CITY ATTORNEY REPORT
Assistant Attorney Branham advised that she had nothing to report.
CITY COUNCIL REPORTS
Council member Giles thanked all of the volunteers and City staff for their work.
Council member Marsigli expressed enjoyment and appreciation for the Aquatics Center Open House and tour. She commented on how great the Airport looks.
Council member Bonta advised that he had nothing to report.
Mayor Pro Tem Ford advised how impressed he was by the lifeguard drill at the Aquatics Center Open House. He advised he would like to create a policy similar to the Reserve Policy for User Utility Tax expenditures.
City Manager Nicholas advised the first step would be to have staff search for existing resolutions that could be brought to policy. She advised City Council would then be able to designate expenditure categories. She advised Council to bring forth the LLD topic when Harris & Associates comes to Council to present in September.
Mayor Nagy advised of his attendance at the RAN Board meeting. He also advised of upcoming meetings in Sacramento and Washington D.C.
CLOSED SESSION
None.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 7:53 P.M.