MINUTES OF
REGULAR MEETING
August 15, 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, City Attorney Ann Siprelle, Police Chief Ruben Chavez, Economic & Community Development Director Jami Westervelt and Administrative Services Director Melanie Correa
APPROVAL OF AGENDA
Council member Marsigli made a motion to approve the agenda.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
DECLARATIONS OF CONFLICT OF INTEREST
Mayor Pro Tem Ford and Mayor Nagy advised of their abstention from their respective warrants on consent calendar item #3.
PRESENTATIONS
1. Certificate of Recognition
Craig Christenson
Mayor Nagy presented the Certificate of Recognition to Craig Christenson.
Mr. Christenson expressed his fondness of Gustine.
PUBLIC COMMENT
Jim Bonta, on behalf of the Gustine Lion’s Club, expressed the Club’s appreciation to the Gustine Police Department for their support with providing security at the Rib-ORama event.
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 August 1, 2023 Regular Meeting
Recommendation: Review and approve
3. Warrants
Recommendation: Review and ratify
4. Treasurer’s Report – July 2023
Recommendation: Review and file
5. Approve Request for Use of Parking Spaces and Services for Women’s Health Day Event
Recommendation: Review and approve
6. Approve Request for Street Closure, and Allowance of Mobile Food Vendors for Annual Trunk or Treat Halloween Event
Recommendation: Review and approve
7. Approve Resolution Naming and Confirming Signatories on the City’s Banking Accounts
Recommendation: Review and approve
8. Approve Resolution Adopting a General Fund Reserve Policy Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.
Administrative Services Director Correa advised of a typographical error on consent calendar item #4.
City Attorney Siprelle inquired whether there was any need for abstention from consent calendar item #3, to which it was advised that abstention had already been declared.
Council member Marsigli inquired why the warrant to Zachery Clint Reyes for Goman A/C repair was coded in the General Fund, to which City Manager Nicholas advised that the Finance Department would research and, if necessary, perform a journal entry to allocate the expense appropriately to the Community Center Fund.
Council member Bonta made a motion to approve the consent calendar.
The motion was seconded by Council member Giles and carried 5-0, with Mayor Pro Tem Ford and Mayor Nagy abstaining from their respective warrants within consent calendar item #3.
ADMINISTRATIVE AGENDA
9. PUBLIC HEARING – Consider Resolution Establishing and Adopting Various User and Regulatory Fees
1. Receive Staff Report
2. Open the public hearing
3. Receive public comment
4. Close the public hearing
5. Consider a motion to approve the resolution establishing and adopting various user and regulatory fees
City Manager Nicholas introduced Terry Madsen with ClearSource Financial Consulting.
Mr. Madsen provided an overview presentation of the comprehensive user fee study.
Mayor Nagy opened the public hearing at 6:54 P.M.
There was no public comment.
The public hearing was closed at 6:55 P.M.
Council member Marsigli inquired why the San Francisco Consumer Price Index was applicable to our region. Mr. Madsen explained there is no index established for Sacramento area, and relayed that San Francisco’s index is considered the typical index for the region.
Council member Marsigli expressed concern in regards to consultant fees and the City’s recovery, to which Mr. Madsen attested to the estimation practices, and attested the estimate to be reasonable.
Council member Marsigli inquired on the Council waiving Service Club early access fee for facility rentals, to which Recreation Manager Vitorino advised of existing clarifying language in the footnotes, and the need to add “only” to “Service Clubs can request waiver of fee.”
Council member Marsigli inquired if the City can do inspections on City daycares, to which Mr. Madsen advised he is unsure of the requirements and advised he thinks the law is linked to family daycare. He stated the fee for daycare was left in the study in case it is needed but if it is not applicable or needed it wouldn’t be collected.
Mayor Nagy advised many daycares are inspected by the County.
Council member Marsigli inquired how ClearSource arrived at the estimated $28K anticipated fiscal impact as displayed in his presentation. Mr. Madsen advised the figure is based on historical data from the City.
Council member Marsigli suggested adding language to the resolution to mandate the City Council be advised before the rates are adjusted according to the CPI escalator.
Mr. Madsen advised the City could add additional language. There was some additional discussion, during which City Attorney Siprelle reminded Council that development fees are subject to the same CPI escalator and are not required to come back before the Council. City Manager Nicholas advised that expenses generally increase in accordance with the CPI. Council member Giles clarified that even with the escalator not all expenses will be fully reimbursed, to which City Manager Nicholas affirmed.
Council member Giles inquired if future fee studies will be done with the use of a consultant, to which City Manager Nicholas advised the City has done fee studies on a 5-year cycle, and that this current update has been delayed due to City turnover.
Mayor Pro Tem Ford inquired if the City were to forgo another fee study in five years, this resolution would remain intact, to which City Manager Nicholas affirmed.
Mayor Nagy inquired on copy fees and their disproportion to the City’s expenses. Mr.
Madsen advised that along with many other fees, these are governed by the Public Records Act specific to idea of cost of toner and paper, and not inclusive of labor.
Mayor Nagy further inquired on police copy fees, to which Mr. Madsen advised the City has limitations on cost recovery especially as it relates to records.
Mayor Nagy also inquired on Airport transient parking, to which Mr. Madsen advised there is flexibility in that fee, as it is use of City property.
Mayor Nagy inquired on the notes “see Merced County fee schedule,” to which Mr.
Madsen advised these notes within the Animal Control fee section refer to the most reasonable administrative comparison, as Gustine’s specific cost recovery would be too great to offset, and aligning with the Merced County schedule follows historical precedent.
Mayor Nagy inquired on the definition of “strong motion implementation,” to which Mr.
Madsen advised it is a state fee and is linked to seismic monitoring and reporting.
Council member Bonta made a motion to approve the resolution establishing and adopting various user and regulatory fees.
The motion was seconded by Council member Marsigli and carried 5-0.
Police Chief Chavez left the meeting at 7:25 P.M.
10. DISCUSSION & DIRECTION: Community Contribution Payment Expenditures
1. Receive Staff Report
2. Receive Public Comment
3. Hold discussion and provide staff with direction
Recreation Manager Vitorino presented the staff report.
There was no public comment.
Council member Marsigli inquired on the deficits listed by fiscal year in Exhibit A. City Manager Nicholas advised since the 21/22 FY audit is in progress, it is not advisable to rectify that deficit with this funding. Ms. Nicholas also advised the City can use some of the Community Contribution money to settle up the 22/23 FY deficit of $3,389.26 and suggested leaving the 23/24 FY as-is because the year is still in progress.
Mayor Nagy expressed concern with the downward trend in donations received. He stated his opposition in allocating towards the fireworks fund as doing so could perpetuate the diminishing donations. Mayor Nagy also attested that this funding is not guaranteed, as it is dependent on the status of the payee.
Council member Marsigli suggested the City cover the FY 22/23 4th of July deficit, set aside $2,000 for the audio system repair, and purchase benches for Henry Miller Park.
Council member Giles inquired on the cost to fix the gazebo, to which Recreation Manager Vitorino advised she has not received estimates yet.
Mayor Nagy commented further on the donation process, he advised the most fruitful efforts are done in-person, face-to-face to gather donations. Recreation Manager Vitorino agreed, and advised that the Miss Gustine court are willing to step up as volunteers to assist with donations and fundraisers.
Mayor Nagy inquired how donations work with the City being categorized as 501(c)(3), to which City Manager Nicholas advised of an upcoming meeting that will provide additional information in regards to this item and stated the City needs to learn how donations can flow through the 501(c)(3).
Recreation Manager Vitorino inquired if the 501(c)(3) donations will have to be ran on fiscal year, to which City Manager Nicholas advised she was unsure how the accounting is set up. There was some discussion related to the 501(c)(3)’s operation.
City Manager Nicholas relayed the City Council’s direction, to cover the 22/23 FY deficit of $3,389.26 and repair the PA system, and purchase picnic tables, and to work on targeted enforcement on gathering donations.
A meeting attendee suggested families and businesses to donate tables and install personalized plaques. Recreation Manager Vitorino advised of the existing tree and bench program. There was further discussion in regards purchasing tables and establishing a tribute program for the tables.
Council member Bonta inquired on the Henry Miller Park BBQ pit, to which Recreation Manager Vitorino advised the BBQ pit is still in disrepair, but that she is in discussions with the Rotary Club to remove the BBQ pit and relocating it to the easterly edge of the concrete pad at the shelter area.
11. DISCUSSION & DIRECTION: Street Sweeping Services
1. Receive Staff Report
2. Receive Public Comment
3. Hold discussion and provide staff with direction
Public Works Director Ingram presented the staff report.
There was no public comment.
Mayor Nagy advised of a waiver the City received for a backhoe purchased through a grant with the same restrictions that was not 100% American made. He inquired if there is a current waiver the City could apply for, to which Public Works Director Ingram advised he was unsure if a waiver was available.
Mayor Nagy inquired how the street sweeper correlates to annual catch-basin cleaning and storm water management, to which Public Works Director Ingram advised of how the street sweeper assists with alleviating trash, debris and buildup in the storm drain system.
Mayor Nagy inquired if the City can get updated quotes and asked if the City needed to go out for a new Request for Proposals, to which City Manager Nicholas advised the City received confirmation the responses to the RFP are in good standing and stated an updated quote from Ronny’s was received after the agenda was distributed. She advised the quote was for $167K annually for weekly services.
Council member Giles inquired if there are additional costs for special event services, to which City Manager Nicholas affirmed. Public Works Director Ingram advised the Public Works department has other equipment that can be used for small special events or a specific area.
Mayor Pro Tem Ford provided his favorable opinion on owning a street sweeper rather than hiring a company.
City Manager Nicholas advised the City can put out another RFP or look into purchasing a street sweeper. She commented on additional costs for an extra employee and with a Prop. 218 approval process that will come with purchasing a street sweeper. She reiterated that hiring a company now could alleviate the community distress in not having a regular sweeper, so staff could work through implementing what was needed to acquire a sweeper.
Mayor Pro Tem Ford asked City Attorney Siprelle if the City can add a line item to the Utility bill for street sweeping, to which City Attorney Siprelle affirmed through a Prop. 218 process. There was a brief discussion related to the components of a Prop. 218 process.
Mayor Pro Tem Ford requested a side-by-side comparison in purchasing a street sweeper and the City taking on the service and equipment.
There was further discussion in regards to selecting the right equipment for the City.
Council directed staff to bring back more information comparing the costs to purchase the equipment rather than paying the contract price for services. Council also advised not to proceed with a new RFP at this time.
12. Consider Resolution Agreeing to Cost Share for SB244 Technical Analysis Portion of Multi-Jurisdictional Housing Element and Approving Agreement
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve the agreement with MCAG for administering multijurisdictional housing element and SB244 technical analysis.
4. Consider a motion to approve the resolution authorizing the City Manager to execute agreement.
Economic & Community Development Director Westervelt presented the staff report.
There was no public comment.
Council member Marsigli advised section 2 of the resolution is very open-ended.
Council directed staff to amend section 2 of the resolution to state “The City’s portion is $800.”
Council member Marsigli made a motion to approve the agreement with MCAG for administering multi-jurisdictional housing element and SB244 technical analysis.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
Council member Marsigli made a motion to approve the resolution, as amended, authorizing the City Manager to execute agreement.
The motion was seconded by Council member Bonta and carried 5-0.
CITY DEPARTMENT REPORTS
Fire Chief Borrelli advised drivers be cautious, as harvest season commences. He thanked City Manager Nicholas for all of her help.
Public Works Director Ingram advised that he had nothing to report. He thanked City Manager Nicholas for the opportunity she provided him.
Economic & Community Development Director Westervelt informed Council of the Multi-Jurisdictional Housing Element Community workshop that will take place at the Goman Center on August 19th at 6 P.M. She advised Pioneer Park was not selected for congressional funding. She stated staff is working on alternatives that will be brought to Council at a future meeting. She updated on the Comcast and Unwired broadband installation projects. Mrs. Westervelt also provided an update on the status of the Rasmussen development project. She thanked City Manager Nicholas for everything she has done for the City.
Finance Director Morrison advised that she had nothing to report.
Recreation Manager Vitorino advised the Miss Gustine Court will be participating in the Newman Fall Festival parade on the firetruck. She also advised the City is working with Merced County in regards to issues with the air conditioner and other items identified in the Library Community Room. She updated on the Schmidt Park Pond aeration project and advised she will have more information tomorrow. She informed Council the Garden Club has finished the Goman Center landscaping. She advised of her attendance at the Chamber of Commerce meeting to discuss merging the City’s Christmas in the Park event with their Old-Fashioned Christmas event. She also advised Kids Fishing Day is scheduled for September 30th.
Administrative Services Director Correa updated on the City Manager recruitment through Ralph Anderson & Associates. She advised of the vacancy on the Planning Commission. She informed Council of vacancies on several Merced County Association of Governments committees. Mrs. Correa advised that Part-Time Records Clerk interviews are scheduled for tomorrow afternoon. She also advised of her attendance at the Measure V Westside Technical Review Project meeting and the Merced County Association of Governments TRB meeting. She thanked City Manager Nicholas for everything she has done for the City.
CITY MANAGER REPORT
City Manager Nicholas thanked Legacy Health Endowment and Community Health Centers of America for listening to the City’s idea for a Westside Women’s Health Clinic and for making it happen. She informed Council Gouveia Engineering will be at the second Council meeting in September to provide a CIP update. She expressed her gratitude to City Council, community and staff. She wished everyone success in their careers.
CITY ATTORNEY REPORT
City Attorney Siprelle reminded everyone of a reception being held on September 21st at the League’s Annual Conference and asked for RSVP’s.
CITY COUNCIL REPORTS
Council member Marsigli inquired when Mid-Valley Disposal will be replacing lids, to which City Manager Nicholas advised Mid-Valley Disposal reached out to the City this morning and City staff will provide more details as they become available.
Council member Marsigli inquired on an update from Tesla and the PG&E true-up payment, to which City Manager Nicholas advised there has not been any headway to her knowledge, but that staff would bring information back to Council when available.
Council member Marsigli inquired whether netting the trees favorable to the egrets would deter them, to which Public Works Director Ingram advised before the next egret season he would like to create a committee to gather ideas from the community on how to deter the egrets.
Council member Marsigli inquired if there is an existing spending policy for the UUT fund, to which City Manager Nicholas suggested looking back at the original UUT documentation and reviewing the language.
Council member Marsigli stated she would like to see how much the City has paid Grover in a 12-month period.
Council member Marsigli inquired on the Westside hospital building and the recent news article of its new tenants, to which Economic & Community Development Director Westervelt stated according to the newspaper, Merced County evicted the hospital staff due to the company moving in prior to getting all permit clearances.
Council member Marsigli thanked staff in the Finance department for changing the warrant list layout.
She complimented City Manager Nicholas and expressed appreciation for her work ethic.
Council member Bonta thanked City Manager Nicholas. He advised of his desire to see Council review the traffic detour during the 33/140 Roundabout construction period.
Council provided consensus to bring forth the roundabout detour issue on a future Council agenda.
Council member Bonta inquired on stump grinding and reforestation of City trees, to which Public Works Director Ingram advised he is working with Grover on the stump grinding. He also advised of possibly using some of the tree fund to take care of the emergent and hazardous trees.
Council member Giles inquired on contracting out the parks and asked for City staff to gather costs and create a comparison on what the City pays Public Works and what it would cost to contract out. He also thanked City Manager Nicholas.
Mayor Pro Tem Ford thanked City Manager Nicholas.
Mayor Nagy thanked City Manager and wished her the best in the future.
CLOSED SESSION
None.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 9:00 P.M.