MINUTES OF
REGULAR MEETING
January 16, 2024
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, Economic & Community Development Director Westervelt, Recreation Manager Tiffany Vitorino, Police Chief Ruben Chavez, Finance Director Jenny Morrison, Administrative Assistant Desirae Porras, Fire Chief Pat Borrelli, and Public Works Director Gary Ingram.
City Attorney Ann Siprelle arrived at 6:40 P.M.
APPROVAL OF AGENDA
Interim City Manager Correa requested to pull consent calendar items #3 and #12.
Mayor Nagy made a motion to approve the agenda as amended.
The motion was seconded by Council member Bonta and carried 5-0.
DECLARATIONS OF CONFLICT OF INTEREST
There were no declarations of conflict of interest.
PRESENTATIONS
1. Gustine Downtown Business Association – Year In Review Zachery Ramos
Zachary Ramos, Gustine Downtown Business Association, presented Council with an overview of what Gustine Downtown Business Association accomplished in 2023. He thanked Council and Mayor Nagy for allowing him to present his year-end report, and for their support throughout the year.
2. Certificate of Recognition – 2023 Public Works Employee of the Year Jorge Rodriguez, Maintenance Worker
Public Works Director Ingram introduced Jorge Rodriguez and provided an overview of his dedication and service to the community. He thanked Mr. Rodriguez for his exceptional contributions to City parks.
Mayor Nagy presented Mr. Rodriguez with a Certificate of Recognition.
Mr. Rodriguez thanked the City of Gustine and staff for their support.
3. Antique Fire Engine Awards
Ed Hass, West Coast Trustee, Society for Preservation and Appreciation of Antique Motor Fire Apparatus in America (SPAAMFAA)
This item was pulled from the agenda.
PUBLIC COMMENT
Julie, Gustine resident, voiced her concern with the water shut-off that occurred in December. She inquired the City’s form of communication to residents for emergencies, to which Mayor Nagy advised of the forms of communication used to relay the water shut-off to residents in this instance. He also advised of other forms of communication that the City is working on to help spread the word in regards to future emergencies.
Julie inquired if there are any future plans to fix the citywide brown water issue, to which Mayor Nagy advised the water is tested daily and is safe to drink.
Julie further inquired the procedure if the water is brown, to which Mayor Nagy advised residents to turn on outside faucet on to help flush the line.
Council member Bonta advised that Council and staff continuously are working to identify funding sources to update the city’s water infrastructure.
Mayor Nagy advised of congressionally directed funding earmarks that approved a million-gallon water tank for the City and a loop line completion project and advised how these projects will help the City and its residents.
Mayor Pro Tem Ford recommended residents call the City to report brown water so that Public Works can go out and flush lines.
Julie inquired who maintains the property along Meredith Ave and expressed concerns with the maintenance during summer, to which Mayor Nagy advised it is Central California Irrigation District property.
Mr. Dylina, Buildco and owner of site 10 on the approved 6th cycle Housing Element site inventory list, voiced his concern with the site remaining on the site inventory list. He expressed his concern about the dwelling unit minimums, and advised his project is unattainable at that level density.
Christian Santos, on behalf of Congressman John Duarte, advised of his attendance at the Gustine Pentecost Crab Feed on Saturday. He thanked Interim City Manager Correa for allowing the mobile district office to be held at City Hall. He recognized Zachary Ramos for the multiple community initiatives he has pursued through the Traveling Library and Downtown Business Association. He provided a legislative update on bills Congressman Duarte introduced, the Professional Growth and Retention Act and the Bipartisan Intel at our Borders Act.
Abby Pendleton, on behalf of Assembly Member Juan Alanis, provided an overview of the Assemblyman’s recent committee appointments.
Fire Chief Borrelli advised of his attendance at the “Big 5” meeting and informed Council of the notification system the County uses, Everbridge, and stated he will set up a meeting with Melanie to see if the City can utilize the system for citywide alerts.
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 December 19, 2023 Special Meeting
Recommendation: Review and approve
5. Minutes of the December 19, 2023 Regular Meeting
Recommendation: Review and approve
6. Warrants
Recommendation: Review and ratify
7. Treasurer’s Report – December 2023
Recommendation: Review and file
8. Approve Gustine Employee Salary Schedule
Recommendation: Review and approve
9. Approve Resolution Appointing and Approving Employment Agreement for Interim City Manager
Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Bonta requested to pull the PG&E warrant. He inquired why the water fund accounts for over 50% of the PG&E bill, to which Interim City Manager Correa advised staff will look into it and report back.
Council member Bonta made a motion to approve the consent calendar.
The motion was seconded by Council member Marsigli and carried 5-0.
ADMINISTRATIVE AGENDA
10. Consider Fee Waiver Request Related to Vesting Tentative Subdivision Map Application Processing
1. Receive Staff Report
2. Receive public comment
3. Consider a motion as outlined in the report recommendation City Attorney Siprelle advised Mr. Katakis requested to continue this item at a future meeting due to being ill.
Council member Marsigli inquired if he was on virtually, to which City Attorney Siprelle advised he is not online.
Council approved the request to continue the item at the next regular meeting.
11. 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
3. 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.
Council member Marsigli inquired if an additional Tobacco Retail License will be required by the City, to which City Attorney Siprelle advised staff included a sentence in the Ordinance advising that State law already requires a Tobacco Retailer License and the City will not require an additional City license.
Council member Marsigli inquired clarification on Ordinance section 3 (j), to which Police Chief Chavez provided clarification that the sentence is a general statement and not reflecting the direct costs for the City.
Council member Marsigli inquired whether flavored tobacco products are illegal, as they are mentioned in Ordinance section 5-12-2(b), to which Police Chief Chavez affirmed that flavored tobacco products are illegal.
City Attorney Siprelle advised Council has liberty to remove flavored tobacco products from section 5-12-2(b) if they so choose.
Council member Marsigli recommended removing section 5-12-5 entirely.
Council member Giles reiterated his consensus in removing Ordinance section 5-12-5 entirely.
Council member Marsigli provided her unfavorable opinion on limiting tobacco retailers by their proximity to youth facilities. City Attorney Siprelle advised the distance listed in Ordinance section 5-12-5 was reduced and remained in the draft Ordinance because it is the only section that backs up the purpose of the Ordinance, to limit youth tobacco exposure and availability.
Mayor Nagy inquired on the listed distance requirement in section 5-12-3(b)1, to which City Attorney Siprelle advised this section reflects on the act of smoking being prohibited within 100’ of the entrance and exit of any hospital.
Mayor Nagy inquired if parameters must be adhered to in order to qualify for funding, to which Police Chief Chavez stated only the licensing portion and advised the grant requirements are very vague.
Council directed staff to remove publicly owned parks and trails from section 5-12- 3(b)2, and to remove section 5-12-3(e), section 5-12-5 in its entirety and amend section 5-12-6(c) updating the section reference from 5-12-9 to 5-12-1(f).
Mayor Nagy opened the public hearing at 7:22 P.M.
Julie, Gustine resident, inquired what efforts are being done for students in regards to educational components around tobacco, to which Police Chief Chavez advised the Gustine School Resource Officer Vargas and the Tobacco Officer Gilstrap provide training for students and staff in our district.
The public hearing was closed at 7:24 P.M.
Council member Bonta made a motion to introduce and waive the first reading of an ordinance adding Chapter 12 to Gustine Municipal Code relating to Tobacco Retailers as amended.
The motion was seconded by Council member Marsigli and carried 5-0.
12. Consider Resolution Accepting State Homeland Security Grant Funding and Authorizing the Partnership between the City and FLOCK SAFETY for License Plate Reader Cameras
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve the resolution
This item was pulled from the agenda.
CITY DEPARTMENT REPORTS
Economic & Community Development Director Westervelt updated on the Family Dollar/Dollar Tree soft opening. She advised she will inform Council once she gets the details of any planned ribbon cutting ceremonies. She thanked City staff and City Engineer Gouveia Engineering for their assistance with getting the store open. She updated on the broadband projects. She updated on Council member Marsigli’s question in regards to additional poles being installed throughout the City and advised she is unable to estimate the number of additional poles have been added throughout the City. She informed Council she will report on the number of poles as it becomes available. She updated on Pioneer Park and advised the City is facing a $600K funding shortage without modifying the site plan. She advised Interim City Manager Correa is working with City consultants to apply for congressionally directed spending request for this shortfall.
Mayor Pro Tem Ford inquired if AT&T is doing any work in town, to which Economic & Community Development Director Westervelt advised she is unaware but she stated she will call and find out.
Mayor Pro Tem Ford inquired on a past request from Whichcraft Taproom in regards to patio seating, to which Economic & Community Development Director Westervelt advised the Taproom is not classified as a restaurant, but rather a tavern which has different allowances for use.
Mayor Pro Tem Ford advised whether it is the Councils decision to add bars and taverns to the same stipulation as restaurants, to which Economic & Community Development Director Westervelt advised it is something staff can look into if it was Councils direction to take it back to the Planning Commission.
There was further discussion in regards to patio seating for bars and taverns.
Police Chief Chavez provided an overview of legislative bills AB256, AB413, AB436 and AB2773. He informed Council Reserve Officer Gonzales was featured in the Westside Connect and Gustine Standard for passing the POST Motorcycle Academy. He advised Reserve Officer Gonzales and Corporal Martinez both attended the funeral for Oakland Police Officer Tuan Le. Chief Chavez updated on his attendance at the “Big 5” meeting in Atwater. He thanked the Gustine Lions Club for their donation to the department. He advised of a workshop he coordinated for law enforcement chief executives that was held this last week. He thanked the Mayor for attending and presenting at the workshop.
Council member Marsigli inquired clarification on AB413, making parking within 20’ of a crosswalk illegal, to which Police Chief Chavez advised the requirement is state law, and shared he only sees this new law being applicable in school zones in Gustine.
Council member Marsigli inquired if the City will have to remove parking spaces due to AB413, to which Police Chief Chavez answered no and advised signage would be installed to meet the requirement.
There was further discussion in regards to stop bar lines throughout the City.
Police Chief Chavez advised it is required to stop before the stop bar line and then edge out and proceed when safe.
Mayor Nagy inquired if Police Chief Chavez has spoken to Mr. Kuehn from Hillview Chapel in regards to his curb, to which Police Chief Chavez affirmed and advised of his approval to implement dedicated parking in the front.
Fire Chief Borrelli advised of the department’s mandatory annual training. He also informed Council of the station’s new Fire Captain, Mario Rivera, and new Fire Engineer, Jared Slate. He reported on recent incidents.
Finance Director Morrison advised she has connected with other cities to investigate ways the City could maximize the cash funds, including LAIF. She shared she would update the Council once she has deciphered the information.
Public Works Director Ingram addressed the temporary water interruption, accepting responsibility for the lack of communication to the affected area. He advised a street sweeper will be sweeping the City on February 6th and February 13th. He informed Council the department is addressing the stop bar painting to help with visibility issues.
He advised they are preparing to stay ahead of the egret issue. He also advised the asphalt roller will be returned and the City will recover those funds. In addressing the brown water concern, he advised residents to inform the City so Public Works can assess the problem and respond quickly. He informed Council he has a bid for lighting on the walking path.
Council member Marsigli inquired if the walking path project can be taken to One Voice in Washington D.C., to which Interim City Manager Correa advised the City will have to make sure it fits in the three priorities that Merced County Association of Governments has established.
Mayor Pro Tem Ford commented that Schmidt Park looks great.
Council member Bonta inquired on maintenance of the BBQ at the Rotary Shelter, to which Public Works Director advised it would be good to remove the BBQ pit at the time the benches are installed.
Council member Marsigli congratulated Public Works Director Ingram on the recent water valve replacement project. She inquired if he is noticing excessive disposed Christmas trees and asked what can be done to help residents that are unable to cut up their trees themselves, to which Public Works Director Ingram advised he is working on purchasing a chipper that would be helpful to assist the residents with the removal of Christmas trees.
There was further discussion in regards to the Christmas tree pick-up.
Mayor Nagy inquired on the life of the leaf vacuum truck, to which Public Works Director Ingram advised that it is at the end of its life.
Mayor Nagy inquired whether the bark from a city chipper would count towards the city’s compost intake requirements with SB1383, to which Public Works Director Ingram advised it would not count towards the city allocation of compost, as those figures and tonnage is pre-established by CalRecycle.
Mayor Nagy inquired on the tree debris pile at the Corporation Yard, to which Public Works Director Ingram advised the tree cutting contractor did not haul the debris away because the trees are city trees, leaving the City to dispose of.
Mayor Nagy congratulated Public Works Director Ingram on the departments out of box thinking.
Recreation Manager Vitorino advised the gate access codes for the Linden Ave courts have been changed and court patrons will have to register again for their annual membership. She also advised of an indoor opportunity for pickle ball play at the old Gustine Middle School. She updated on the pool resurfacing project and advised the contractor is waiting on diagrams to be approved by Merced County. She reported on the Downtown Old-Fashioned Christmas and advised the Chamber of Commerce has donated $1000 to go towards event activities at that event. Mrs. Vitorino advised the total cost after the event was $136, which includes the purchase of signage for next year. She updated on the Paint and Sip event coming up on February 2nd at 6 P.M. She advised the installation of the benches at the Rotary Shelter will take place the second week of February. She complimented Public Works on the maintenance they have done at the parks.
INTERIM CITY CLERK
Interim City Clerk Porras informed Council of the Airport Commission vacancies.
CITY ATTORNEY REPORT
City Attorney Siprelle congratulated Interim City Manager Correa on her term as Interim City Manager.
CITY MANAGER REPORT
Interim City Manager Correa advised the 33/140 Roundabout project bid opening will be held on January 25th at 2:00 P.M. She also advised Council will have an item before them to award at the first meeting in February. She commended City staff and recognized the team’s commitment to improving every day. She advised the new Interim City Manager will be starting on Monday. She thanked her colleagues for their support through her appointment and expressed her thanks to Council for their trust in appointing her.
CITY COUNCIL REPORTS
Council member Giles thanked Interim City Manager Correa for filling the shoes of the City Manager.
Council member Marsigli reiterated thanks to Interim City Manager Correa and advised of how helpful she has been. She inquired status on the Local Sub-allocation Grant Program application that was due shortly after the last meeting, to which Economic & Community Development Director Westervelt advised it was submitted.
Council member Bonta congratulated Interim City Manager Correa on her work done.
He advised of his conversation with the Police Chief Chavez in regards to the buttons along Main Street in the City and recommended to include this topic on a future agenda.
Mayor Pro Tem Ford inquired on Mid-Valley Disposal diversion reports, to which Interim City Manager Correa advised she will check in and request an update.
Mayor Nagy advised of an upcoming Merced County Association of Governments Governing Board meeting on Thursday. He also advised of his attendance at the workshop for law enforcement chief executives in Monterey. He provided information from a previous MCAG meeting where Caltrans may repair roads where a planned detour has an adverse effect on the roadway condition.
Council member Bonta inquired if the bid process includes the smaller downtown roundabout on Main Street, to which Interim City Manager Correa advised it does not and informed Council benefits of the projects aligning is to realize benefits from traffic diversion efforts. Mayor Nagy commended staff for all their hard work.
Mayor Nagy adjourned open session in memory of Scooter Sousa and Kathryn Reyes.
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 8:25 P.M.