MINUTES OF
REGULAR MEETING
September 19, 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 - Ford - Mayor Nagy Staff present: Interim City Manager Melanie Correa, City Attorney Ann Siprelle, Public Works Director Gary Ingram, Recreation Manager Tiffany Vitorino, Economic & Community Development Director Jami Westervelt, City Engineer Mario Gouveia, Police Chief Ruben Chavez, Finance Director Jenny Morrison, Administrative Assistant Desirae Porras and Police Officer Greg Gilstrap.
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
There were no declarations of conflict.
PRESENTATIONS
1. Maintenance Funding Options
Donna Segura, Harris & Associates
Donna Segura, Harris & Associates, provided an overview on maintenance funding options available to cities.
Mayor Pro Tem Ford inquired on the process to adjust the rate each year, to which Ms.
Segura advised that during the formation process, rates and increase mechanisms are established and clearly described. She also advised common practice is to have increases linked to a cost index so that rates can climb in accordance with inflation.
Council member Marsigli inquired if a Landscaping & Lighting Maintenance District and Mello Roos can exist within the same boundaries, to which Ms. Segura affirmed but advised they cannot fund the same components.
City Attorney Siprelle advised it would be a condition of the Developer’s map to annex.
Mayor Pro Tem Ford inquired at which point in the development process does the condition come in play, to which Mario Gouveia, City Engineer, provided information on the process.
Mayor Pro Tem Ford also inquired if the current subdivision coming forward has the establishment of a funding district in the conditions of approval, to which Mr. Gouveia affirmed.
City Attorney Siprelle informed Council that tentative map conditions need to be satisfied before the final map is approved.
Mayor Pro Tem Ford inquired who is responsible for forming districts, to which City Attorney Siprelle advised responsibility could fall to the City or the Developer but advised it would be the responsibility of the Developer.
Mayor Nagy inquired if street sweeping can be considered a landscaping maintenance, to which Ms. Segura affirmed and advised such service would have to remain within the funding boundaries of that district.
Mayor Nagy asked the process to include street sweeping into the existing citywide Landscape & Lighting Maintenance District, to which Ms. Segura advised the City would have to go through a 218 process.
Mayor Nagy inquired if the Prop 218 process required a 2/3 vote, to which Ms. Segura stated in her understanding the Maintenance Districts are carved out of that proposition.
City Attorney Siprelle advised that she would research.
PUBLIC COMMENT
Abby, Assemblyman Juan Alanis’s office, updated on current legislature awaiting the Governor’s signature, along with those recently signed into law. She advised if any Gustine resident needs assistance with a state agency they can contact their office.
She also stated if the City of Gustine has any budget requests for the next year to reach out to their office so they can add it to their list of community project appropriations.
Christan Santos, Congressman John Duarte’s office, thanked Interim City Manager Correa for allowing a joint mobile office. He advised of Congressman John Duarte’s attendance at the OLM Festa and Bullfights, and the 9/11 Memorial Walk. He also advised of Congressman John Duarte’s participation at the highway dedication ceremonies for Newman Police Corporal Ronil Singh and Cal Fire Captain Paul Vincent Rotondaro. He commended Gustine Officers Zelvaggio, Gallardo and Gonzalez on their bravery in rescuing a gentleman in Cayman, Arizona. He thanked Zachery Ramos for showing the Congressman around the Gustine Traveling Library and providing information on his efforts for literacy and emphasis of child education for disadvantaged communities. He advised of Congressman John Duarte and Assemblyman Juan Alanis were honored to recognize Gustine High School graduate Travis Andre Ross on his first film, Central Valley. He updated on initiatives their office is currently working on.
Council member Marsigli inquired on where the Central Valley movie could be viewed, to which Mr. Santos advised he can provide the contact info to Council.
Craig Christenson, 657 West Avenue, thanked Abby and Christan for their attendance at the meeting and for representing the City. He gave a shout out to Public Works Director Ingram for all his hard work. He expressed his concern with the debris being blown offsite by hired landscapers on West and Highway 33. He asked that Council consider implementing a rule to deter this practice. He also reminded everyone of GHS’s Homecoming on Friday.
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 September 5, 2023 Regular Meeting
Recommendation: Review and approve
3. Warrants
Recommendation: Review and ratify
4. Treasurer’s Report – August 2023
Recommendation: Review and file
5. Approve Resolution Accepting Annual Report and Allowing Continuance of Military Equipment Use Policy
Recommendation: Review and approve
6. Approve Appointment of Planning Commission Applicant Recommendation: Review and approve
7. Approve Updated Community Contribution Payment Expenditures Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Giles inquired additional information on consent calendar item #7, Mayor Nagy requested to pull consent calendar item #7 for separate consideration.
Council member Marsigli inquired why the policy for consent item #5 lists 37MM single shot launcher as inoperable, to which Police Chief Chavez advised the department does not have a 37MM single shot launcher and stated it must have been a typographical error.
Council member Marsigli inquired if the department needs a 37MM single shot launcher, to which Police Chief Chavez advised it is a SWAT weapon, not typically needed in their day-to-day equipment.
Council member Marsigli inquired if this meeting is considered “community engagement” for consent item #5, to which Police Chief Chavez affirmed.
Mayor Nagy inquired more information on the Multi-Jurisdictional Housing Element payable to CSG, to which Economic & Community Development Director Westervelt advised the warrant includes work for the Multi-Jurisdictional Housing Element along with additional work needed related to the Housing Element.
Council member Marsigli made a motion to approve consent calendar items #2-6.
The motion was seconded by Council member Giles and carried 5-0.
Mayor Nagy congratulated Renee Duprel on her appointment to the Planning Commission.
Mayor Nagy re-introduced consent calendar item #7.
There was no public comment.
Council member Giles inquired if there was a plan for the remaining unspent balance and if the City should look at compounding unspent money to allow for funding the larger projects, to which Recreation Manager Vitorino Recreation Manager Vitorino advised that the remaining funds could be used for permanent garbage receptacles in Henry Miller Park, but also advised that any spending of these funds would be brought to Council for their approval.
Council member Marsigli inquired why Mid-Valley Disposal does not supply toter receptacles for City events, to which Recreation Manager Vitorino advised The City’s former refuse hauler supplied permanent receptacles, but the new hauler does not.
Interim City Manager Correa advised Mid-Valley Disposal’s decision to not supply permanent receptacles has to do with the requirements of SB1383 and how garbage, organics and recycling is classified.
Council member Marsigli inquired on the requirements if the City used their own garbage cans, to which Recreation Manager Vitorino advised she is looking at the blue and green cans.
Council member Marsigli inquired on who will dump the City cans, to which Recreation Manager Vitorino advised Public Works would be responsible for the dumping and she advised Public Works currently dumps the cans at Henry Miller Park into a provided bin.
Mayor Pro Tem Ford inquired who dumps the bin, to which Recreation Manager Vitorino advised that Mid-Valley Disposal dumps the bin.
There was further discussion in regards to the sorting of the trash.
Council member Giles inquired if the City is obligated to offer two receptacles in the park, to which Recreation Manager Vitorino advised the City has the option of providing one or two receptacles in public parks. She advised the City has a Recycling grant that could help fund blue recycling receptacles.
Council member Marsigli shared her opposing opinion to use the $8k for garbage cans and inquired if there are other funds that could be used for the garbage cans, to which Recreation Manager Vitorino advised the City could pay for the blue cans with the Recycling grant but also advised that those funds will not be received until next year.
She also informed Council of the Parks budget and priorities.
Council member Giles inquired on the City only using recycling cans, to which Recreation Manager Vitorino advised the City could try that.
Council member Marsigli inquired if the Goman Center has its own fund to pay for the microphone, to which Recreation Manager Vitorino advised the Goman Center does have its own fund but she reiterated that the UUT Fund covers annual shortfalls, since rental revenue does not usually cover annual expenses for this location.
Mayor Nagy advised he will be attending the League of Cal Cities Conference and stated he will bring back information in regards to garbage and park vendors.
Mayor Nagy inquired on the wording in regards to the funding being used for the Annual Fireworks Show, to which Recreation Manager Vitorino advised she thought she used “could” fund the Annual Fireworks Show and not “shall.” Mayor Nagy suggested consent calendar item #7 be brought to Council yearly in order to update priority lists, to which Recreation Manager Vitorino acknowledged.
Council member Marsigli reiterated her opinion of not using the $8k for garbage cans and asked Mayor Nagy to gather any information he can at the League of Cal Cities Conference.
Recreation Manager Vitorino advised that she is working with GHS FFA and DJ Francis to install covers on the electrical panels in Henry Miller Park.
Mayor Pro Tem Ford reiterated Council member Giles suggestion of having the $8K rollover to next year.
Council member Bonta made a motion to approve consent calendar item #7.
The motion was seconded by Council member Giles and carried 5-0.
ADMINISTRATIVE AGENDA
8. PUBLIC HEARING – Consider Introduction and Waiver of First Reading of an Ordinance Adding Chapter 12 to Gustine Municipal Code Relating to Tobacco Retailers
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 adding Chapter 12 to Gustine Municipal Code relating to Tobacco Retailers Police Chief Chavez presented the staff report.
Police Officer Gilstrap provided additional information in regards to the grant objectives and ordinance.
Mayor Nagy opened the public hearing at 7:15 P.M.
There was no public comment.
The public hearing was closed at 7:16 P.M.
Council member Bonta inquired if the ordinance will affect Tip Top Farms or cannabis usage in public areas, to which Police Chief Chavez advised the ordinance is specifically for tobacco.
Council member Marsigli inquired if the ordinance was generated from a template, to which Police Chief Chavez advised that an officer worked with BBK to develop what is up for consideration.
Council member Marsigli expressed her concerns with redundancies with current state law. She provided her opposition in mandating rules on local employers and business owners without their expressed knowledge. She also commented on the ordinance excluding big box stores and stated that this does not protect local employers and businesses. She inquired more information on the requirements of the grant. Police Chief Chavez advised the intent is to create an ordinance to satisfy the grant requirements, but as with any ordinance Council has the liberty of making adjustments.
City Attorney Siprelle advised by establishing an ordinance the City is able to enforce it through citations.
Council member Marsigli asked if the City could enforce State law, to which City Attorney advised that the City could not enforce it with administrative citations.
Council member Marsigli also advised that repeat offenses should incur more fees, to which Mayor Pro Tem Ford clarified that the fines compound on each other. Mayor Nagy commented that the existing language related to fines could be made clearer.
Council member Marsigli suggested the ordinance be edited to meet grant requirements and not require more.
Council member Giles inquired on section 5.12.5(c) relating to a 90-day suspension in sales, to which Police Chief Chavez advised if a business ceases tobacco sale for 90 days, they will no longer be grandfathered in as an existing retailer.
Council member Giles further inquired if a new operator buys an existing retailer will they be unable to sell tobacco if they are less than 1000’ from schools, playgrounds, parks and other areas listed, to which City Attorney Siprelle reiterated new operators would not be grandfathered in as retailers.
There was a brief discussion in regards to the 1000’ regulation not being feasible for the City of Gustine.
Interim City Manager Correa suggested the ordinance be fine-tuned, and compared against other neighboring cities.
Mayor Nagy inquired if 5.12.8 advertisements, would affect City Movie Nights, to which Police Chief Chavez advised that according to the proposed ordinance, the City would have to add an advertisement to Movie Night programming.
Mayor Nagy questioned the prohibiting of any tobacco or e-cigarette products on the exterior of the business and Council member Marsigli advised these questions are coming from not knowing the requirements for the grant, to which Police Chief Chavez advised it is an Anti-Tobacco Grant and stated he does not believe there is any stipulations to what is required for the ordinance.
Council reviewed each section of the ordinance and addressed any items that needed to be deleted or amended.
Council further directed Police Chief Chavez to bring a redlined version of the ordinance back for review.
CITY DEPARTMENT REPORTS
Police Chief Chavez commended Officer Gilstrap on an arrest made on Sunday morning. He also recognized Officer Gilstrap for his recent award for drunk-driver arrests.
Council member Marsigli inquired on the new officer, to which Police Chief Chavez advised the department has two new officers and they are both in training.
Police Chief Chavez updated on the OLM Festa and advised everything went smoothly. He advised of his attendance at the 9/11 Memorial Walk and the Bullfights.
He also advised that Community Service Officer Gallardo, and Police Officers Hollis and Zelvaggio will be recognized by Council for their heroic acts in Arizona at the next Council meeting.
Mayor Pro Tem Ford inquired if the new department vehicles will be showcased at the next Council meeting, to which Police Chief Chavez advised the vehicles have not been registered yet but once ready, they will be available for display at a future Council meeting.
Police Chief Chavez reminded everyone of the GHS Homecoming Parade and Rally on Thursday. He also provided details on the Animal Clinic, on September 28th from 4 P.M. to 6 P.M. at Schmidt Park.
Police Chief Chavez shared a photo of Police Explorer Caitlyn Gallichio who received a $500 scholarship for college.
Interim City Manager Correa presented on behalf of the Fire Department. She shared his gratitude for the cooler temperatures and reported it has been a slow fire season. It was reported that the Fire Department held a 9/11 tribute on September 10th in front of the Fire Station, and they participated in the 9/11 Memorial Walk. Chief Borrelli thanked all City staff and Council who attended the highway dedication memorial for Cal Fire Captain Paul Vincent Rotondaro.
Finance Director Morrison updated on the Tesla/PG&E true-up issue. She informed Council Tesla is claiming force majeure clause and advised the City is monitoring PG&E bills monthly, if any issues arise they will be addressed within 30-days. She also advised she updated the City’s staff contact information with Tesla for future noticing.
Public Works Director Ingram informed Council of installation of submersible pumps that the City could use as primary and back up pumps to prevent sewer overflows at the lift stations. He advised the department has added degreaser at the lift stations to prevent buildup of fats, oils and greases, and to reduce the odor at the lift stations. He advised tree work at Schmidt Park has started and the department will be renting a chipper to help speed up the take-down process. The department is preparing for leaf season and advised the leaf truck has two new front tires and the auxiliary motor is being worked on currently.
Council member Bonta thanked Public Works Director Ingram for taking care of the sprinklers on the West and North sides of Schmidt Park.
Mayor Nagy commented on the ditch bank mower, to which Public Works Director Ingram advised they are putting it to work and it is helping.
Council member Bonta inquired on the catch basin on Linden and Bonta, to which Public Works Director Ingram advised it is still holding water.
Mayor Nagy relayed resident concerns with the mosquitoes as they relate to standing water in the retention pond, to which Public Works Director Ingram advised he will work to address the issue because standing water is not good and may have to be manually pumped. He stated he will look into it.
Mayor Pro Tem Ford advised of a drainage district well on Sullivan Road that should be keeping the water table down, to which Public Works Director Ingram advised they can pump the water down and monitor how fast it fills up and enlisting abatement for mosquitos.
Mayor Pro Tem Ford also advised of a test well on Meredith and west of West Avenue to verify the current water table depth.
Economic & Community Development Director Westervelt advised that both remaining property owners are moving forward with the Southeast Annexation project and stated the vesting tentative subdivision maps will be going to the Planning Commission in October.
She updated on two new contacts for CSG, Gena Guisar who will assist with the MultiJurisdictional Housing Element and special projects and Nancy Mith who will be the City’s general planning contact. She informed Council Nancy Mith will be remote until CSG can identify someone locally to work in office. She advised of a new applicant for food service at local businesses and events. She provided an update on the Mid-Valley Disposal Swap and Service. She advised there was 489 cart lids replaced and 1 entire cart replaced and stated it was a majority of the recycle receptacle lids.
Council member Marsigli inquired if the Council should start working on the Mello Roos due to the Southeast Annexation vesting map coming to Council soon, to which Mayor Pro Tem Ford agreed on beginning work on the Mello Roos.
City Attorney Siprelle advised the first step is to have the developers sign a reimbursement agreement where they agree to pay all the costs of formation paying a deposit to the City with regular replenishment when the deposit was spent.
City Attorney Siprelle inquired if the Council will be working with Harris & Associates, to which Mayor Nagy advised Harris & Associates seem to be familiar with the process.
City Attorney Siprelle advised it is best to have an agreement with Harris & Associates.
Mayor Nagy inquired if the City already has an agreement with Harris & Associates, to which City Attorney Siprelle advised an agreement was done in regards to processing the application and asked Economic & Community Development Director Westervelt her thoughts if the first agreement is enough, to which Economic & Community Development Director Westervelt advised a second agreement for the formation and costs would need to be completed.
Council member Bonta clarified that the City is only working with the land owners not an actual developer, to which City Attorney Siprelle affirmed.
Mayor Nagy suggested having a refresher course with CSG, to which Economic & Community Development Director Westervelt advised the City can set up a refresher course with CSG.
Council member Bonta advised of reports of ownership and new activity occurring at the Crows Landing Airport, with talks of bringing FedEx and UPS airplanes. Council member Bonta advised of broadening the Highway in town and the need for building of new homes. He suggested Economic & Community Development Director Westervelt investigate so Gustine is prepared.
Council member Giles inquired on the status of Dollar General, to which Economic & Community Development Director Westervelt advised they have not completed any of the outstanding permit concerns but they do have the trash enclosures done this week.
She also advised the sidewalks are still incomplete.
Recreation Manager Vitorino updated on the success of the Rotary Flea Market and the Citywide Yard Sales. She reminded Council of Kid’s Fishing Day on September 30th and advised the raffle will be held next week for the Kid’s Fishing Day prizes. She also advised of the Halloween Trunk of Treat taking place on October 31st and stated candy donations are needed. She informed Council that Newman is also hosting a Halloween Trunk or Treat this year. She relayed that she has a total of fifteen trunks signed up. She informed Council of the Gustine High School Homecoming Parade and Night Rally taking place on Thursday and advised she will be one of the judges.
CITY ATTORNEY REPORT
City Attorney Siprelle advised that she had nothing to report.
CITY MANAGER REPORT
Interim City Manager Correa informed Council that Merced County Association of Governments reached out to City staff for delegations and City priority projects for next year’s One Voice trip and they would like to have the delegates in place by November. She advised the City will be bringing this item to Council in October.
Council member Bonta inquired on status of current requests from the last One Voice trip, to which Interim City Manager Correa advised she has not received any news back on those requests.
Council member Bonta inquired on the license plate reader, to which Police Chief Chavez advised he does not know of the City applying for any grants and has not been contacted for the equipment but stated the costs are very minimal at $3500 per reader and explained the importance of having them.
Interim City Manager Correa reminded Council to RSVP for the City/County Relations Dinner on October 12th. She welcomed Renee Duprel to the Planning Commission. She also reminded Council there is still one Planning Commission vacancy.
She informed Council of the Mid-Valley Disposal Clean-Up event on Saturday from 8 A.M. to 12 P.M., and advised of the Traffic Ad Hoc Committee meeting on Thursday to review the roundabout traffic detour.
CITY COUNCIL REPORTS
Council member Giles inquired the timing of the traffic detour exercise, to which Council member Bonta advised they are still looking for trucks.
Police Chief Chavez advised the meeting is scheduled for 1:30 P.M.
Police Chief Chavez advised Caltrans is on board for the visual exercise.
Interim City Manager Correa advised the City’s need to be careful since the detour has already been approved by Caltrans legal, and amending that would cause major delays in the project which would result in loss of funding. She advised she will have additional information to share on Thursday with City Engineer Gouveia’s input as well.
Council member Bonta advised of his understanding and acceptance of the route but would like further clarification on if the City can mitigate it and further questions in regards to additional signage throughout the town.
Council member Bonta inquired if the City should get the newspaper involved, to which Police Chief Chavez advised the media will be involved once we are ready to advertise the detour route to the public.
Council member Marsigli commented on the Festa outcome. She advised of a resident’s question of why there were cars parked on Main Street during the Festa parades. She gave kudos to Police Chief Chavez and Officers in regards to the lifesaving efforts showcased in Arizona. She informed Council of an email she received in regards to Huntington Beach City Council who voted to ban masks and vaccine mandates and wanted the City to get ahead of what will be coming in election year.
Council member Bonta advised that he had nothing to report.
Mayor Pro Tem Ford advised that he had nothing to report.
Mayor Nagy followed up with the letter for Local Control that Council member Marsigli brought to Council, to which Interim City Manager Correa advised the City can get that item on a future Council meeting.
Mayor Nagy advised of his attendance along with Council member Giles, Council member Marsigli, Public Works Department, Police Department, Fire Department, other staff and the community at the highway dedication ceremony for Cal Fire Captain Paul Vincent Rotondaro. He expressed joy due to great attendance and advised of a link to view the interviews at the dedication ceremony. He advised of his upcoming League of Cities Conference this week and reported on his trip last week to Washington D.C. as part of the Valley Voice delegation. Mayor Nagy advised of the delegations’ conversations in regards to transportation, air, water and infrastructure spending. He advised the Rotary Club provided a complaint that they did not like the city-wide yard sales taking place at the same time of their event because it took away from sales. He thanked Abby from Assemblyman Juan Alanis’ office and Christan Santos from Congressman John Duarte’s Office for attending the Council meeting. He welcomed Renee Duprel to Planning Commission. He reminded everyone of GHS’s Homecoming game on Friday night.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. PUBLIC EMPLOYEE APPOINTMENT. Position: City Manager
After returning to open session, it was reported that there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:06 P.M.