MINUTES OF
REGULAR MEETING
November 21, 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 - Ford - Mayor Nagy
Staff present: Interim City Manager Melanie Correa, Assistant City Attorney Anne Branham, Economic & Community Development Director Westervelt, Finance Director Jenny Morrison, Recreation Manager Tiffany Vitorino, Police Corporal Francisco Martinez, Fire Chief Pat Borrelli and Public Works Director Gary Ingram.
Council members Bonta and Giles were absent.
APPROVAL OF AGENDA
Council member Marsigli requested City Department Reports be heard prior to the Administrative Agenda.
Council member Marsigli made a motion to approve the agenda with stated changes.
The motion was seconded by Mayor Pro Tem Ford and carried 3-0 with Council members Bonta and Giles absent.
DECLARATIONS OF CONFLICT OF INTEREST
Assistant Attorney Anne Branham advised there will be conversation in regards to conflicts of interest within the discussion on administrative item #7.
PRESENTATIONS
1. Certificate of Recognition for Service to Gustine Planning Commission John Michael “Mike” Gandy
Mayor Nagy read the Certification of Recognition for John Michael “Mike” Gandy.
PUBLIC COMMENT
Administrative Assistant Porras read a written correspondence from Carlos Lopez Fuerte, 1421 South Avenue Apt. B, voicing his concerns to vehicles driving too fast. Mr. Lopez Fuerte requested Council consider installing speed bumps on South Avenue.
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 November 1, 2023 Special Meeting
Recommendation: Review and approve
3. Minutes of the November 7, 2023 Regular Meeting
Recommendation: Review and approve
4. Minutes of the November 8, 2023 Special Meeting
Recommendation: Review and approve
5. Warrants
Recommendation: Review and ratify
6. Treasurer’s Report – October 2023
Recommendation: Review and file
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Marsigli made a motion to approve the consent calendar.
The motion was seconded by Mayor Pro Tem Ford and carried 3-0 with Council members Bonta and Giles absent.
CITY DEPARTMENT REPORTS
Fire Chief Borrelli wished everyone Happy Thanksgiving. He reminded Council of the Breakfast with Santa event on Saturday November 25th from 8AM – 11AM.
Police Corporal Martinez thanked all volunteers that assisted with the Veteran’s Parade.
He advised the department is looking forward to the craft fair and tree lighting on Saturday November 25th.
Public Works Director Ingram advised the department is performing maintenance for the Chamber of Commerce’s Downtown Christmas event. He relayed the parks are being maintained and advised the fertilizer seems to be working. He also advised the department will be testing the decorative lights tomorrow.
Finance Director Morrison advised she had nothing to report.
Recreation Manager Vitorino reported the Color Run raised $4,323. She informed Council half of the funds will be donated to GHS Class of 2024 due to their volunteer work and assistance with the event. She thanked Public Works for their help getting the decorations up.
Economic & Community Development Director Westervelt advised she had nothing to report.
ADMINISTRATIVE AGENDA
7. DISCUSSION & DIRECTION: Sixth Cycle Housing Element Site Inventory
1. Receive Staff Report
2. Receive public comment
3. Hold discussion and provide direction on sites for new housing locations for Housing Element Inventory list, including potential Option A, opportunity sites, and sites for potential rezoning.
Mayor Nagy reminded Council and the community that this item is informational only and by law the Council cannot make any determinations or come to a collective concurrence on this matter.
Mayor Pro Tem Ford inquired on the conflict of interest conversation, to which Assistant City Attorney Branham advised staff will present the staff report as informational, and at the conclusion of the staff report she will go over the conflict of interest.
Economic & Community Development Director Westervelt presented the staff report during which, Assistant City Attorney Branham advised of the legal ramifications for not adopting a Housing Element in a timely manner.
Assistant City Attorney Branham provided additional information on the term “downzoning,” in regards to the City’s 5th cycle element rezone site list.
She also provided information in regards to the Rasmussen and Katakis sites, as pipeline projects. Ms. Branham then gave an overview of how vesting tentative maps are viewed legally and how it relates to site zoning.
At the conclusion of the staff report and slide deck presentation, Assistant City Attorney Branham provided an overview of the conflict of interest according to the FPPC. She asked Council to keep the item as a discussion only and not to pinpoint specific sites.
Mayor Pro Tem Ford inquired on his conflict of interest due to sources of income to his business, to which Assistant City Attorney Branham advised a further conversation can be had prior to the December 5th Council meeting, when Council will consider the site rezone list.
Mayor Nagy inquired the ramification if all elected were within a 1,000’ of any one site, to which Assistant Attorney Branham advised of an additional exception, the Rule of Necessity, which provides caveat to gain a quorum to vote. She also advised the Council just needs a majority vote.
Megan Nunes, on behalf of Jane Harrison, advised of not being informed of the City’s intention to rezone her R1 property directly behind her home, site 11. She asked Council to remove the site from consideration due to lack of entry access, sewer and power infrastructure.
Megan Nunes, 360 Laurel Avenue, expressed concern with the proposal being rushed.
She provided a list of questions for the Assistant City Attorney to answer at the end of public comment.
Junior Correia, Gustine resident, inquired where the mandate states the rezoning needs to be spread throughout the City. He asked Council to direct staff to return to the drawing board.
John Nunes, Gustine resident, shared how his newly constructed home increased the tax base in the City, and expressed concerns with low-income housing lowering the tax base.
Keith Collins, Gustine resident, expressed his confusion with the process developers will have to go through to build homes and make streets. He advised the CSG Consultant informed him the developers could use narrow streets, make lane and etc. He informed Council and community residents of a Planning Commission meeting that was scheduled for tomorrow but advised the meeting has been rescheduled to November 29th. He suggested releasing the meeting details sooner than 72 hours.
Assistant City Attorney Branham advised developers would have to go through entitlements as normal on all proposed developments.
Lloyd Vierra, Linden Avenue, suggested looking at the end of Sullivan Road and creating a separate community in that area. He expressed his concerns with highdensity developments. He also suggested the Council look into the City becoming unincorporated.
Lana Edwards, 51 West Ave, advised site 5 is only accessible through a private lane that belongs to her and she has no intention of selling. She also advised of an irrigation ditch that runs through the site and stated it would have to be re-piped. She asked Council to reconsider site 5 due to lack of entrance access. She also suggested the City reach out to Mr. Stiple who farms the land on site 5.
Mario Pantoja, 207 Linden Avenue, relayed his concern with the inability to school additional children.
Mr. Cozzitoro, Gustine resident, advised of bigger cities not having low income in their affluent neighborhoods. He reiterated the access issue from previous commenters.
Joe Martini, 1290 North Avenue, reiterated prior comments in regards to home values being negatively affected. He advised of not enough jobs and space in schools.
Jeff Hickman, North Avenue, suggested the City go to the State. He advised the City is unable to accommodate the Housing Element sites with the current infrastructure.
Mark Hanna, North Avenue, advised of deficiencies with existing sewer, water delivery, water tank, and telecom. He relayed the City is not ready for new development. He advised the City would need to hire more fire, police, and EMS. He also advised of concerns with the current infrastructure and speeding within the City.
Cara Oliveira, Brenda Drive, informed Council of her concern with safety. She advised the City cannot handle the additional traffic. She also advised of the issues that can arise with additional people in the City.
Fernando Rocha, Gustine resident, relayed he understands the requirements but asked for the sites to be spread out throughout the City and not put in one area.
Craig Christenson, 657 West Avenue, suggested that the community think about who they are voting for next time they go to the polls.
Durvalina Snoke, 765 Pointe Larouse, advised of her concerns with safety on Sullivan during pick up at the middle school.
Assistant City Attorney Branham requested to answer the public comment questions.
As to the deadline for the 6th Cycle Housing Element, Assistant City Attorney Branham advised the deadline for the Housing Element takes place in the beginning of the cycle not at the end. She clarified the technical deadline is January 31, 2024 and advised the City may not meet this deadline due to HCD review and approval processes.
As to why the City is exceeding the limits for low/very low-income sites, to which Economic & Community Development Director Westervelt advised the City has proposed the least number of sites, which provides for cushion in HCD’s review, in case sites need to be removed.
Assistant City Attorney Branham clarified that it may not be possible to find a collection of sites that exactly match the size and capacity to achieve the allocations. The proposed site list is the City’s attempt to come as close as possible without being under.
As to how the Planning Commission chose the distribution of site locations, Assistant City Attorney Branham provided background on distribution of sites and how the decisions were made. She also advised HCD may not approve a Housing Element that does not distribute the sites throughout the City in some manner.
As to why the City is not utilizing the 2024 Opportunity map, Assistant City Attorney Branham advised the 2024 version cannot be used because determinations are to be based on existing census data.
As to the question related to whether the City withheld submittal until after January 1, 2024, to be able to use the 2024 Opportunity map, to which Assistant City Attorney Branham advised the City could look at that but with HCD’s timeline a decision is hopefully to be made by the December 5th Council meeting. She advised of the ramifications of the City not having a Housing Element in place.
Mayor Nagy inquired if the developer has to own the property prior to building, to which Assistant City Attorney Branham affirmed.
Mayor Pro Tem Ford inquired if the Housing Element is not approved and a developer comes in and wants to purchase a Subdivision that’s for sale, can they put any housing/zoning on that property, to which Assistant City Attorney Branham affirmed and advised by law the City cannot apply its own zoning standards while it’s housing element is out of compliance.
Assistant City Attorney Branham further advised if there are entitlements that a project has to obtain, the developer would still have to go through that process with the Planning Commission and Council as normal.
Mayor Pro Tem Ford inquired if he owns a piece of property that is zoned R1 and he plans on building a home on it but the City is rezoning it R4 can he still build a home on it, to which Assistant City Attorney Branham affirmed and stated R2, R3, and R4 are all inclusive and approved uses.
Mayor Pro Tem Ford inquired if someone can build a single-family residence on one of the parcels in the Housing Element that they purchase and that is zoned R4, to which Assistant City Attorney Branham affirmed and advised the City’s only obligation and extent in its authority is the zoning.
Mayor Nagy inquired of the community concerns relating to a lot being rezoned to R4 and its inability to be down zoned back to R1, to which Assistant City Attorney Branham advised it revolves around what is an approved use in that zone and she recommended reliance on the City’s adopted zoning code and tables that identify uses allowed on a certain parcel.
Mayor Pro Tem Ford inquired if a single-family residence is put on a R4 lot does it stay zoned R4, to which Ms. Branham affirmed and stated the zoning would remain the same until an action of the Council.
Mayor Pro Tem Ford inquired if the City gets credit if he has 6 acres and adds a home that is zoned R4, to which Assistant City Attorney Branham affirmed and advised the Housing Element, is only identifying the potential for a number of units.
Council member Marsigli inquired how an annexation such as the South East Gustine Master Plan area and the City not be able to mandate R3 and R4 in the development, to which Assistant City Attorney Branham advised since the current owners submitted complete applications they’re entitled to certain guarantees under the law. She stated if tentative maps are not approved they do not have vested rights.
Council member Marsigli inquired what findings could be reason for the tentative maps to not be approved, to which Assistant City Attorney Branham advised the factors are listed in the Subdivision Map and stated the factors cannot be related to the Housing Element.
Mayor Pro Tem Ford inquired if one developer decides to do R3 and R4 does the entire parcel have to be zoned that, to which Assistant City Attorney Branham advised if they bought the entire lot they would have to determine if they want to do the entire lot or subdivide the lot. She relayed that it would be at the discretion of the owner of the lot.
Council member Marsigli inquired on the number of homes in the Rasmussen and Katakis project, to which Economic & Community Development Director Westervelt advised there are 262 homes. Ms. Westervelt advised that changes to the proposed density would trigger an environmental review, and further review of the City’s general plan. She advised the process could take up to 18 months with a cost of up to $100,000.
Assistant City Attorney Branham clarified that when the CEQA was done for the South East Gustine Master Plan area it only considered 262 homes. She advised there may be an exemption to streamline the process but the developer would have to go through the rezone process which could be a timely process.
Mayor Pro Tem Ford inquired if the City could remove some of the R4 sites after HCD approval, to which Assistant City Attorney Branham advised of issues that may arise if the City, in the future, tries to remove sites from the Housing Element designations.
Council member Marsigli inquired on the outcome if sites were proposed in the, “Missing/Insufficient Data,” Northeast area of the Opportunity map, to which Assistant City Attorney Branham advised she has never seen a greyed-out area on an approved HCD Opportunity map and was unsure on what could happen if the City submitted the Housing Element with sites in that area.
Mayor Nagy inquired on exhibit F and why the quadrants are not split equally. He suggested starting over with the quadrants and making them equitable. He inquired on sites 12 and 13, to which Economic & Community Development Director Westervelt advised the Council could choose to submit those instead.
Mayor Pro Tem Ford inquired if he should not get involved in specific sites, to which Assistant City Attorney Branham advised if the conversation leads to knocking out one site because of personal investment then yes it would cause conflict of interest.
Mayor Nagy inquired on the empty parcels along Meredith, to which Economic & Community Development Director Westervelt advised Council could make that recommendation to the State. She also advised staff is compelled to give Council the best recommendation for HCD’s approval. She went over the reasoning on removing specific sites.
Mayor Nagy advised some of the sites are landlocked and inquired if the City is able to do that, to which Assistant City Attorney Branham advised the State has not made access a point of disqualification.
Mayor Nagy commented on the City being small and everything being in close proximity.
Gina Paolini, CSG Consultant, clarified the rezones being discussed also require a land use change, with that, a density range is inputted and will have a minimum density. She advised this will preclude being able to develop one home on the lot after rezone.
Assistant City Attorney Branham inquired if it is possible the minimum could be reset, to which Gina Paolini advised it is not typical but could be done.
Council member Marsigli inquired on the use of streets, to which Ms. Paolini advised in the exercise for the Housing Element the City has to show there is a reasonable way to access the parcels. She relayed that new State laws provide waivers to full streets and different means to access properties. She advised if a developer comes in and uses any density bonus provisions, City standards can be waived.
Mayor Nagy inquired if the developer gets their own waivers, to which Assistant City Attorney Branham advised if the developer proposes their own project and meets certain affordability requirements, State law provides a series of escalating bonuses the developer gets to take advantage of, which is called Density Bonus and Concessions and Waivers. She advised of changing the minimum density and then looking further into reasonable access.
Mayor Nagy inquired the City’s median income, what is low/very low income for Gustine, to which Ms. Paolini provided the breakdown income limits for a family of four.
Council member Marsigli inquired if Rasmussen and Katakis came to the City with a map that included R3 and R4 they would not have had to divide it up, to which Assistant City Attorney Branham advised Rasmussen and Katakis would have had to apply to the City for rezone for Planned Development.
Mayor Pro Tem Ford inquired if the City changed the South East Gustine Master Plan area zone to R1, to which Economic & Community Development Director Westervelt answered no and advised in the City’s General Plan the Planned Development does not allow for higher density.
Assistant City Attorney Branham clarified there was not a rezone because the Planned Development allows for a single family residential but not for a higher density.
Council member Marsigli inquired what is in the Planned Development and what the purpose of it is.
Assistant City Attorney Branham clarified if it is zoned R1 you’re limited to only R1 but if it is Planned Development something similar to R1 is allowed there but also additional items are allowed such as mixed-use.
Council member Marsigli inquired what it means if HCD says the City is dragging their feet, to which Assistant City Attorney Branham provided an overview of the submission process. She advised as long as the City is showing they are trying to comply, HCD is willing to not issue fines and further penalties.
Mayor Nagy inquired what happens if a site does not pass CEQA, to which Assistant City Attorney Branham advised the City just needs to make the site available.
Mayor Nagy inquired why the City is not planning for the maximum number of sites to reduce the number of sites that are needed, to which Gina Paolini advised the max is based on the gross lot size and advised no lot can be developed to max because infrastructure and setbacks have to be looked at. She also advised the only time the City may achieve maximum density is if the City imposes a density bonus or stacking the units higher.
Assistant City Attorney Branham clarified the Mayor’s question, is there hard authority that says there is some difference between the max and realistic number, to which Ms.
Paolini advised there is an HCD form that contains a realistic column that has to be filled out.
Mayor Nagy inquired if someone wanted to build a two story, 500-unit apartment building, would those units come off of the RHNA numbers, to which Gina Paolini advised it would depend on unit count and income limits.
Assistant City Attorney Branham advised if units are built on a specific site and it is over the number of units needed the City will receive those additional units’ credit on the next Housing Element Cycle.
Mayor Nagy inquired if no units are built by the end of the 6th Housing Element Cycle period will more units be added on for the next Housing Element Cycle, to which Gina Paolini affrimed.
Mayor Nagy inquired why the City is putting so much effort into its first attempt draft if more than likely the Housing Element will be sent back to the City to amend.
Council member Marsigli inquired why Council was under the impression the City had ample time for submittal, to which Economic & Community Development Director Westervelt advised the City has not been under that impression. She also broke down all the elements encapsulated in this cycle.
Economic & Community Development Director Westervelt advised staff is learning from the other jurisdictions and publicly available HCD letters which is aiding staff’s due diligence to incorporate as much as possible into the draft.
Ms. Paolini also provided additional resources they have used to create the draft.
Assistant City Attorney Branham advised of future litigation due to required provisions such as equal distribution.
Mayor Nagy reminded everyone that if the City does not have the water or sewer capacity nothing can be built regardless.
Assistant City Attorney Branham advised of the City could go to HCD with that factor and use it as a safety concern.
Mayor Nagy thanked the staff for their hard work with this item and thanked all residents for attending and voicing their comments.
Council member Marsigli inquired if the City has a “Right to Farm” ordinance, to which Mayor Pro Tem Ford affirmed and advised it is effective within City limits.
Council member Marsigli advised site #5 is in the City limits, to which Economic & Community Development Director Westervelt advised it is currently zoned residential estate.
Mayor Nagy inquired if it is too late to re-quadrant, to which Economic & Community Development Director Westervelt advised the quadrants are set by the State.
John Nunes, Gustine resident, inquired if the Katakis Development is considered R1 and cannot be changed but other sites are being changed, to which Assistant City Attorney Branham reiterated that since Katakis submitted a vesting map they are locked in to that zone.
Mayor Nagy thanked the City Attorney, Economic & Development Director Westervelt and staff for assisting with the Housing Element. He also advised of an opening on the Planning Commission.
CITY ATTORNEY REPORT
None.
CITY MANAGER REPORT
None.
CLOSED SESSION PUBLIC COMMENT
None.
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 10:02 P.M.