MINUTES OF
REGULAR MEETING
October 3, 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, Recreation Manager Tiffany Vitorino, Economic & Community Development Director Jami Westervelt, Police Chief Ruben Chavez, City Engineer Mario Gouveia, Engineer Project Manager Danny Reed, Fire Chief Pat Borrelli, Finance Director Jenny Morrison, Public Works Director Gary Ingram, and Administrative Assistant Desirae Porras
APPROVAL OF AGENDA
Interim City Manager Correa advised the employees listed in Presentation #1 should be:
Community Service Office Gallardo, Reserve Police Officer Zelvaggio, and Reserve Police Officer Gonzalez.
Council member Giles made a motion to approve the agenda.
The motion was seconded by Council member Marsigli and carried 5-0.
DECLARATIONS OF CONFLICT OF INTEREST
Mayor Pro Tem Ford advised of his abstention from the Richard A. Ford II warrant.
PRESENTATIONS
1. Honorable Employee Recognition
Community Services Officer Gallardo, Reserve Police Officer Zelvaggio, and Reserve Police Officer Gonzalez
Police Chief Chavez commended the department on their hard work. He thanked the representatives from Congressman John Duarte’s office, Senator Caballero’s office, and Assemblyman Juan Alanis’s office for attending tonight’s meeting. He provided an overview of the heroism CSO Gallardo, and Reserve Officers Zelvaggio and Gonzalez demonstrated on their travel through Arizona on September 11th. He communicated his pride in the actions taken by these officers.
Mayor Nagy presented certificates, Meritorious Pins, and medals for their bravery.
Christan Santos, on behalf of Congressman John Duarte and Assemblyman Juan Alanis, commended the officers on their bravery and courage. He presented the officers with certificates.
Arturo Martinez, on behalf of Senator Caballero, thanked the officers for their heroic efforts. He presented the officers with certificates.
2. Corporal Recognition
Corporal Gilstrap
Police Chief Chavez acknowledged Officer Gilstrap’s father Greg Sr., retired Tracy Police Officer, along with Susan and Richard Walker.
He provided an overview of Officer Gilstrap’s achievements within the department thus far.
Officer Gilstrap’s loved ones administered the badge pinning for his promotion to Corporal.
Christan Santos, on behalf of Congressman John Duarte and Assemblyman Juan Alanis, congratulated Officer Gilstrap on his promotion to Corporal. He presented Officer Gilstrap with a certificate.
Arturo Martinez, on behalf of Senator Caballero, thanked Officer Gilstrap for his service and presented him with a certificate.
3. Capital Improvement Projects Update
Gouveia Engineering
City Engineer Mario Gouveia and Engineer Project Manager Danny Reed updated on the City’s Capital Improvement projects.
Mayor Pro Tem Ford inquired where the water was going to be pumped for the North Avenue Pump Station Improvement project, to which City Engineer Gouveia advised of modifications being done to connect to the newer sewer line.
Engineer Project Manager Reed provided additional information in regards to adding a bypass component.
City Engineer Gouveia provided an update on the large roundabout at Hwy 33/140.
Mayor Nagy inquired if the City secured the deed for the Peter’s property, to which Interim City Manager advised the deed was recorded last week.
Mayor Pro Tem Ford inquired on the first components of the project, to which Engineer Project Manager Reed advised PG&E is waiting to break ground to underground utilities. He stated PG&E will not break ground until the whole project area is considered public right of way. Once the intersection is closed and the traffic detour is enacted PG&E will commence their work with AT&T following with their underground procedures.
It was clarified that PG&E’s work is to underground conduit for the street lights.
Mayor Pro Tem Ford inquired if the intersection will be closed until completion, to which City Engineer affirmed and advised the roundabout will likely open just before CalTrans deems it fully complete.
Council member Marsigli inquired on the length of closure, to which Engineer Project Manager Reed advised the contract allocates 75 working-days which might be impacted by factors such as weather.
Council member Marsigli inquired if it is possible to get the project completed prior to school starting, to which City Engineer Gouveia and Engineer Project Manager Reed advised there will be some overlap with the project timeline and school being in session.
Council member Giles inquired on the timeframe of the stop signs being installed at Hunt and Sullivan, to which City Engineer Gouveia advised it will be one of the first items installed once the project starts as part of the traffic detour.
Council member Giles inquired on installing the stop sign prior to the detour, to which CityEngineer Gouveia advised it would be the City’s option to install it earlier.
Interim City Manager Correa advised that Police Chief Chavez will be in touch with the Traffic Ad Hoc Committee to discuss next steps in preparation of the traffic detour.
Mayor Pro Tem Ford inquired whether the Railroad/South Avenue intersection would be accessible during the Roundabout construction, to which Engineer Project Manager Reed advised that section will be closed at the railroad tracks with traffic limited to East Ave.
Mayor Pro Tem Ford inquired when citizens will be aware of disruptions from the Phase 3 Multiuse Path project, to which Engineer Project Manager Reed advised the project pathway would extend into the road not encroaching into front yards.
Mayor Nagy inquired on the path width, to which Engineer Project Manager Reed advised it will be similar to Meredith path width.
Mayor Nagy advised he was under the impression that Caltrans was is in the works to widen the 4-way stop intersection of 33/140, to which City Engineer Gouveia advised their office has not received anything from CalTrans advising of the project.
Council member Bonta inquired when the City will receive the various funding for the outlined projects, to which City Engineer Gouveia advised funding is on a reimbursement basis.
Council member Giles inquired more information on the $225K outlined for the 33/140 Signalization project, to which City Engineer Gouveia advised the money was for a Preliminary Studies report.
PUBLIC COMMENT
Christan Santos, Congressman John Duarte’s office, thanked the City and Police Chief Chavez for inviting their office to be a part of the Honorable Employee Recognition. He also congratulated Corporal Gilstrap on his promotion. He wished everyone a happy National Hispanic Heritage month and expressed honor to be able to represent a district that is specifically drawn to helping enhance the voices of Hispanic Americans and their government. He advised of the Bipartisan continuing resolution that was approved and adverted a government shutdown. He also advised of multiple bills that need to be approved to keep the government open.
Robert Dylina, Buildco, provided an overview of his business and past work within the City. He provided his contact info for the Council and community.
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?
4. Minutes of the September 19, 2023 Regular Meeting
Recommendation: Review and approve
5. Warrants
Recommendation: Review and ratify
6. Approve Expenditure for Sewer Lateral Repair and Authorize Interim City Manager to Enter Into Contract
Recommendation: Review and approve
7. Approve Request from Gustine Elementary School for Use of City Staff for Annual Halloween Costume Parade
Recommendation: Review and approve submission
8. Approve Resolution Adopting Updated Gustine Police Military Equipment Policy 706
Recommendation: Review and approve
9. Approve Expenditure for Tree Maintenance and Authorize Interim City Manager to Enter Into Contract
Recommendation: Review and approve
10. Approve Resolution Opposing Initiative 21-0042A1
Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Marsigli thanked Interim City Manager Correa for the responses to her consent calendar item questions.
Council member Marsigli commented on wanting the quote for consent calendar item #6 to be broken out by parts and labor, instead of having them combined in the estimate.
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 abstaining from the Richard A. Ford II warrant.
ADMINISTRATIVE AGENDA
11. Consider Expenditure of User Utility Tax Funds to Resurface City Pool and Authorize Interim City Manager to Enter into Contract
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to authorize expenditure of UUT funds for pool resurfacing and authorize Interim City Manager to enter into contract
Recreation Manager Vitorino presented the staff report.
There was no public comment.
Council member Giles inquired on the $40K difference in the estimates, to which Recreation Manager Vitorino advised both scopes are the same. She stated Burkett’s estimate could be lower because the company is local.
Council member Giles inquired if the City keeps the steps the way they are will the quote be reduced, to which Recreation Manager Vitorino advised she asked that question and provided that the amount will be about the same because the steps would still require re-plaster.
Council member Marsigli inquired if this purchase would affect the “rainy day fund,” to which Mayor Nagy answered no and advised the “rainy day fund” is the general fund reserve.
Council member Bonta commented on the City consistently using the UUT funds more than the account was intended for.
Mayor Pro Tem Ford inquired on the history of Riverbank’s change order history with Burkett’s, to which Recreation Manager Vitorino advised Riverbank stated they did not have any issues with Burkett’s. She advised the City had to make some changes with the pool during the project and Burkett’s worked with them on making the changes.
Mayor Pro Tem Ford inquired on competition swimming, to which Recreation Manager Vitorino advised a bulk head will have to be installed in order to have competition swim. She also stated that there is a new regulation that comes with installing a bulkhead, which would require the pool having separate filtering systems on each side, while our facility currently has one filtering system.
Mayor Nagy inquired on the required width for the pool steps, to which Recreation Manager Vitorino advised she was informed the steps were too wide and advised she will double check to get confirmation.
Mayor Nagy advised he was under the impression the City could not resurface the pool because it had fiber glass, to which Recreation Manager Vitorino advised the company is removing the fiber glass completely.
Recreation Manager Vitorino further advised Burkett’s is proposing to remove all layers of surface to the bottom of the pool.
Council member Marsigli inquired if the City has any idea what issues could arise after the fiber glass is taken out, to which Recreation Manager Vitorino advised neither company has an idea of what issues could arise.
Council member Bonta inquired where the pool will be drained to, to which Recreation Manager Vitorino advised that will be a question for Public Works.
There was a brief discussion in regards to the process of draining the pool.
Craig Christenson advised the pool is gunite but there was probably fiberglass lining installed over the gunite. He provided a brief description of the process of re-plastering the pool.
Council member Marsigli inquired what happens if the project exceeds the 10% contingency amount, to which Interim City Manager Correa advised staff would come back to Council for approval.
Council member Marsigli inquired which elected offered to help the City with projects, to which Interim City Manager Correa advised it was Assemblyman Alanis’s office and Mayor Nagy also mentioned Senator Caballero’s office because of her involvement in securing a new pool in Crows Landing.
Council member Marsigli inquired if Recreation Manager Vitorino contacted Senator Caballero’s office, to which Recreation Manager Vitorino advised that she had.
Council member Bonta inquired on the status of the pool’s backroom equipment, to which Recreation Manager Vitorino advised she made a call to Lincoln Aquatics and shared that the pump and other equipment are doing great. There was concern on the automatic fill, which they believe is a result from the City having to refill the pool consistently.
Council member Marsigli inquired if any issues could arise by turning everything off at the pool for a few months, to which Recreation Manager Vitorino declined and advised Public Works would still be responsible to check on the pool.
Council member Giles inquired if there are any foreseeable large maintenance costs, to which Recreation Manager Vitorino provided information that maintenance costs would not come from UUT funds.
Council member Bonta made a motion to authorize expenditure of UUT funds for pool resurfacing and authorize Interim City Manager to enter into contract.
The motion was seconded by Council member Marsigli and carried 5-0.
Council member Marsigli voiced her concern with the items not being broken up in the estimates, to which Recreation Manager Vitorino advised the estimates she has received lump it all together.
12. Consider Appointment(s) to Attend 2024 One Voice Delegation and Establish Priority Projects
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to appoint delegate(s) and establish priority projects for submission to Merced County Association of Governments
Interim City Manager Correa presented the staff report.
There was no public comment.
Council member Bonta suggested establishing a methodology to follow through with priority projects after each trip.
Mayor Nagy nominated Council member Giles and Council member Marsigli to attend the 2024 One Voice Delegation. Council member Giles expressed his interest in attending. Council member Marsigli advised she would consult her calendar.
Mayor Nagy provided an overview of the components of the trip.
Council provided consensus that the priority projects listed in the staff report would remain priorities for the 2024 trip.
Council member Bonta suggested working with Police Chief Chavez to obtain funding for license plate readers.
Mayor Pro Tem Ford advised he would like to ensure they are constitutional before purchase.
Police Chief Chavez provided information on the challenges with and benefits from license plate readers.
CITY DEPARTMENT REPORTS
Police Chief Chavez reported on a situation that occurred in town and how a license plate reader would’ve provided benefit to the City in that occurrence.
Council member Marsigli thanked the Police department for their house check service.
Police Chief Chavez thanked Police Volunteers Bill and Janis for their participation in the Turlock Swat Meet last Wednesday. He also advised of the Ripon Police Car Show this weekend and stated they will be out there with an informational booth again.
Fire Chief Borrelli thanked Council and City staff who participated in highway dedication ceremony for Cal Fire Captain Paul Vincent Rotondaro.
He reported that two Fire Volunteers are taking the driver operator class to become operators.
Council member Bonta inquired the number of Fire volunteers, to which Fire Chief Borrelli advised there are eleven.
Council member Marsigli inquired on an update on the County’s 2.0 staffing proposal, to which Fire Chief Borrelli advised he would check with Chief Pimentel for an update.
Finance Director Morrison advised she had nothing to report.
Public Works Director Ingram updated on the success of the Mid-Valley Clean-Up event. He advised the department is moving into storm drain cleaning to prepare for fall.
Council member Bonta inquired on the Schmidt Pond aerator project, to which Public Works Director Ingram advised the question would be for Recreation Manager Vitorino.
Council member Marsigli inquired if the microbes were working at the Wastewater Treatment Plant, to which Public Works Director Ingram advised the microbes are working in the first part of the plant and stated he purchased muck defense, for the furthest pond in the plant. He advised that he is trying to find any economical solution to the sludge problem.
Economic & Community Development Director Westervelt advised last week staff submitted a proposal to USDA ReConnect program for the City-wide Fiber project. She also advised staff is working with Unwired Broadband to provide the $1.3 million and stated the project will be a $3.5 million investment. She updated on the progress with Unwired and Comcast. She also updated on the Multi-Jurisdictional Housing Element 6th Cycle presentation that was presented at the Planning Commission last week. She advised of the community attendance and expressed appreciation for their involvement. She stated the presentation will be coming to Council in November. She updated that four conditional use permits are being processed. She advised there are no new updates on the Crows Landing Industrial Park. She stated the project is in the infrastructure planning phase.
Recreation Manager Vitorino thanked Council for approving the pool project. She also thanked Economic & Community Development Director Westervelt for assisting with the staff report. She advised of the thank you banner from the kids that participated in the Fishing Day event posted on City Hall’s windows. She updated on the success of Kid’s Fishing Day event, and thanked police department volunteers and Miss Gustine for helping. She advised of her meeting with Interim City Manager Correa and Marci Becerra at the County Administration Building relating to repairs needed at the Library Community Room. She further advised Merced County Public Works will be out tomorrow morning to assess some of the issues. She updated on the Goman Center gutter replacement. She advised the Newman/Gustine Garden Club finished landscaping the front of the Goman Center. She thanked Public Works for trimming the Mulberry trees at Peterson Shelter prior to the Kid’s Fishing Day event. She advised the City is still seeking trunk volunteers and non-competitive food vendors for the Halloween Trunk or Treat event. She also advised the Historical Society contacted her to report they have found the muralist they would like to use for the mural on the Goman Center.
Mrs. Vitorino stated this item will be coming to Council in the future. She updated on the Schmidt Pond aeration project. She advised she will be out of town on vacation from Friday until next Wednesday but will available through phone and email.
Council member Bonta inquired on a 14’ hole in the southwest corner of Schmidt Pond, to which Public Works Director Ingram advised they did not locate a hole but if Council member Bonta shared the location, he would go back out.
CITY ATTORNEY REPORT
City Attorney Siprelle advised that she had nothing to report.
CITY MANAGER REPORT
Interim City Manager Correa reminded Council RSVP’s are needed for GUSD’s Science Building ribbon cutting ceremony. She expressed concern on two bills, AB504 and AB1484, heading to Governor’s office for approval. She advised the City has completed opposition letters for these bills and once signed by Mayor Nagy the Clerks department will get the letters out to the electeds. She advised the City is still working on the street sweeper issue. She also advised she has a meeting later this week with Harris & Associates to go over funding options related to street sweeping. She informed Council she will be attending MCAG’s TRB meeting next week. She also informed Council that at last week’s Planning Commission meeting the Commissioners nominated Tom Gomes to Chairperson, and Darrell Lackey to Vice-Chair.
CITY COUNCIL REPORTS
Council member Giles advised that he had nothing to report.
Council member Marsigli advised that she had nothing to report.
Council member Bonta updated on the roundabout traffic detour meeting last Thursday with Council member Giles, Interim City Manager Correa, the Superintendent of Schools, and CalTrans project personnel. He informed Council the project is a City project which means road conditions are the City’s responsibility. He advised Caltrans will provide information if the Truck Traffic Division have reviewed and approved the detour route as feasible and Police Chief Chavez will get with the Traffic Ad Hoc Committee to observe truck turning radiuses. He advised the Committee will work on establishing an advertising campaign to alert the community and visiting residents of the pending detour along with establishing proper signage throughout the town.
Mayor Pro Tem Ford advised that he had nothing to report.
Mayor Nagy advised local artist Katherine Crinklaw is featured in Southwest Art magazine’s “Women in Art” feature and he asked to house the magazine in the City’s lobby display case. He provided additional information on the two bills Interim City Manager Correa informed Council of. He also provided information on Initiative 21- 0042A1, which is on the ballot and is in regards to Voters Taxpayer Protection Act and Government Accountability Act. He thanked Mr. Dylina for attending the meeting and looks forward to future City work. Lastly, Mayor Nagy commented on Gustine High School football teams’ recent wins and highlighted the touchdowns made by Interim City Manager Correa’s son.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. PUBLIC EMPLOYEE APPOINTMENT. Position: City Manager
After returning to open session, Mayor Nagy advised there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:55 P.M.