MINUTES OF
REGULAR MEETING
February 20, 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 - Mayor Nagy
Staff present: Interim City Manager Brad Kilger, Administrative Services Director Melanie Correa, Recreation Manager Tiffany Vitorino, Police Chief Ruben Chavez, Finance Director Jenny Morrison, Fire Chief Pat Borrelli, and Public Works Director Gary Ingram.
Mayor Pro Tem Ford was absent.
APPROVAL OF AGENDA
Council member Marsigli made a motion to approve the agenda.
The motion was seconded by Council member Giles and carried 4-0, with Mayor Pro Tem Ford absent.
DECLARATIONS OF CONFLICT OF INTEREST
There were no declarations of conflict of interest.
PRESENTATIONS
1. Recycler of the Year Awards – 2022 and 2023
Billie Miller, Recycling Programs Manager, Mid-Valley Disposal Billie Miller, Recycling Programs Manager, advised the 2022 Recycler of the Year award will be presented to Coast Hardware. She presented the 2023 Recycler of the Year award to Pusateri Nut Company, whose representatives were in attendance at the meeting to receive the award.
2. CIT Grant Clinician Introduction
Jose Betancourt, La Familia Central Valley
Police Chief Chavez introduced the newest Crisis Intervention Clinician Jose Betancourt.
Mr. Betancourt provided a brief overview of his experience, which led him to this role on the City’s Crisis Intervention Team.
Police Chief Chavez updated on the successful impact this program is having on the community.
PUBLIC COMMENT
Alberto Garcia, Gustine resident, advised of a ticket he received while parking his big rig along the railroad tracks and inquired if the City has truck parking available, to which Mayor Nagy advised staff would look into his concern.
Humberto Aleman, Gustine resident, inquired status on the storm basin and advised the soccer player group is travelling to Newman to play. He asked for an update from the City, to which Mayor Nagy thanked Mr. Aleman for attending the meeting and advised the City is working on this issue.
Interim City Manager Kilger advised the City has been in contact with Mr. Martinez and was unaware he and Mr. Aleman were not in communication. Mr. Kilger asked for Mr.
Aleman’s contact information and advised he will provide an update on the storm basin. Mr. Kilger further advised of the financial issues the City is faced with in regards to maintenance of existing park areas.
Danielle Morgar, on behalf of Assembly member Juan Alanis, reported bill introductions closed on February 16th. She advised Assembly member Alanis introduced 26 bills and provided brief overviews on bills AB1813 and AB1839.
Joseph Garcia, owner, Whichcraft Taproom, inquired on their desire to have outdoor seating. He advised Department of Alcohol and Beverage Control (ABC) has stated they will allow it as long as they have an outdoor area that is sectioned off. He also advised he would like to work with other establishments to build their outdoor area.
Council member Marsigli advised of a bill that has been introduced and will allow people to travel with alcohol if an area is designated as an entertainment venue.
Interim City Manager Kilger advised staff to look into it and bring back to Council.
Mayor Nagy advised Council is referring this item back to staff.
Mr. Garcia continued to propose the idea for the City to issue permits to allow food trucks alongside an establishment. He expressed his opinion of the lack of options for community members.
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?
3. Minutes of the February 6, 2024 Regular Meeting
Recommendation: Review and approve
4. Warrants
Recommendation: Review and ratify
5. Treasurer’s Report – January 2024
Recommendation: Review and ratify
6. Approve Request for Use of City Streets and Services, and Allow Mobile Food Vendors for Annual Motors on Main Event
Recommendation: Review and approve
7. Approve Request for Use of City Park, and Allow Mobile Food Vendors for Annual Egg Hunt Event
Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Marsigli inquired whether the ABC license for consent calendar items #6 is the same as the license from 2023’s event, allowing people to walk down Main Street with wine only, to which Recreation Manager Vitorino advised the submitted application from Motors on Main states: beer, wine and other. Mrs. Vitorino further advised the ABC license includes a map diagram where people are able to walk with beer, wine and other during the event. She informed Council the event will not have any alcohol vendors.
Council member Bonta made a motion to approve the consent calendar.
The motion was seconded by Council member Marsigli and carried 4-0, with Mayor Pro Tem Ford absent.
ADMINISTRATIVE AGENDA
8. Consider Resolution Authorizing Interim City Manager to Execute Memorandum of Agreement, Special Project Agreement and Memorandum of Understanding between Gustine Groundwater Sustainability Agency and San Joaquin River Exchange Contractors Groundwater Sustainability Agency
1. Receive Staff Report
2. Receive public comment
3. Consider a motion as outlined in the report recommendation Administrative Services Director Correa presented the staff report, and introduced Jarrett Martin, on behalf of CCID and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency (SJRECGSA).
Mr. Martin provided background on the Sustainable Groundwater Management Act.
Council member Marsigli inquired what the City’s expense on writing the original GSA was, to which Mr. Martin advised it was $2K.
Council member Marsigli inquired on additional costs on revising the GSA, to which Mr.
Martin advised the fiscal liability of the City is 1% of the 1/6 amount SJRECGSA is liable for.
Mayor Nagy inquired on the language in the staff report stating fiscal impact as 1% or up to $3,500 max, to which Mr. Martin advised in the agreement the liability, is stated as 1%.
Mayor Nagy inquired the number of members in the Coordination committee, to which Mr. Martin advised there are seven members as outlined in the Special Project Agreement before Council.
Council member Giles inquired whether consent from the Exchange Contractor for new wells within City limits was standard, to which Mr. Martin advised it is existing language from the previous Groundwater Sustainability Plan.
Mr. Martin further advised the City’s biggest concerns relating to new wells would be the water quality standards from Title 22 as opposed to what is in SGMA and any potential land subsidence beneath the corcoran clay.
Council member Bonta advised of his understanding of punching through the corcoran clay, to which Mr. Martin advised of the risks and stated there is not subsidence occurring in the City of Gustine.
Council member Marsigli inquired if Gustine’s water table is affected by Newman, to which Mr. Martin answered no and advised the cities are all independent and do not affect each other.
Mayor Nagy inquired if CCID would be in favor of approving an ordinance that states water cannot be pumped out of the county to sell it, to which Mr. Martin advised CCID owns the canals in and around this area, which gives them discretion to disapprove the sale of water to other areas in the state.
Council member Marsigli made a motion to approve the resolution authorizing Interim City Manager to execute Memorandum of Agreement, Special Project Agreement and Memorandum of Understanding between Gustine Groundwater Sustainability Agency and San Joaquin River Exchange Contractors Groundwater Sustainability Agency.
The motion was seconded by Council member Giles and carried 4-0, with Mayor Pro Tem Ford absent.
9. Consider Resolution Approving and Adopting Special Event Policy and Related Application Fees
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve the resolution
Recreation Manager Vitorino presented the staff report.
Derek Nunes, Gustine Rotary President, expressed concern with the definition of minor events being broad and vague. He advised the policy is redundant of Department of Alcohol and Beverage Control and County policies. He further advised of issues with the insurance liability requirements.
Manuel Lopes, GPS President, inquired on the permit process for a Queen Presentation event, to which Mayor Nagy advised the process has not been yet approved Derek Nunes, Gustine Rotary President, revisited the podium for further public comment, where he commented on the additional fee for music, to which Recreation Manager Vitorino advised the Dance Permit fee has been in the City’s Fee Schedule for years.
She further advised of how this process will help the City and the community avoid future issues with Merced County.
Council member Bonta inquired if passed when the policy would go into effect, to which Recreation Manager Vitorino advised it would go into effect immediately.
Council member Bonta inquired if a Real Estate agent held an open house and provided cookies, would that event be governed by this policy, to which Recreation Manager Vitorino advised Merced County Department of Public Health is not concerned with pre-packaged foods.
Council member Marsigli inquired if this pertains to any type of food, to which Recreation Manager Vitorino advised pre-packaged food does not need a permit but any food that need to be cooked will need a permit. She further advised there are no additional fees from Merced County and stated they just require paperwork with event details.
Council member Marsigli inquired if a Minor Event application can be created, to which Recreation Manager Vitorino affirmed.
Council member Marsigli advised she would like a separate application created for Minor Events. She expressed concern with the policy on advertising prior to paperwork being completed.
Mayor Nagy expressed confusion with the amount of moving parts in the policy and advised there needs to be a different format for the Minor Events application. He further suggested getting an Ad Hoc Committee to look over policy.
Interim City Manager Kilger commended Recreation Manager Vitorino on her work on this item. He advised staff will work on a Minor Event application and will bring back to Council.
10. Consider Resolution Approving Employment Agreement for City Manager Services and Authorizing Mayor’s Execution of Agreement
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve the resolution
Administrative Services Director Correa presented the staff report.
There was no public comment.
Council member Bonta made a motion to approve the resolution approving employment agreement for City Manager services and authorizing Mayor’s execution of agreement.
The motion was seconded by Council member Marsigli and carried 4-0, with Mayor Pro Tem Ford absent.
Soknirorn Than, City Manager applicant, thanked staff for making the recruitment process painless and also thanked friends and colleagues from Los Banos for showing their support.
Mayor Nagy introduced Debra Lewis, Los Banos Council member and member of the San Joaquin Air Board, who was in attendance.
CITY DEPARTMENT REPORTS
Police Chief Chavez commended Reserve Officer Zelvaggio for purchasing one of the surplus police vehicles, replacing the motor and donating the vehicle back to the department. He informed Council that Community Services Officer Gallardo and Public Works Supervisor Castro rescued on an owl earlier. He updated on the training on enforcement of Sidewalk Vendors the department received last week. Mr. Chavez advised during the training they presented awards to Police Officer Fuentes as Officer of the Year and to Police Volunteers Janis and Bill as Volunteers of the Year. He thanked the Mayor for presenting the Officer of the Year award. He informed Council Corporal Martinez and Corporal Gilstrap have been promoted to Sergeant.
Council member Marsigli inquired the restrictions on shutting down sidewalk vendors, to which Police Chief Chavez advised the department is limited on what they can do but stated he can provide additional details outside of the meeting.
Police Chief Chavez advised of further training that took place last week on death and crime scene investigations along with street level narcotics investigations.
Fire Chief Borrelli updated on the Fill the Boot event and advised they raised over $5K.
He informed Council the department will be working on school inspections this week.
Public Works Director Ingram advised he had nothing to report.
Council member Bonta inquired if the department will be planting trees, to which Public Works Director Ingram advised it is not on his list but once the department is caught up he will look into it.
Finance Director Morrison updated on Tesla Solar and the PG&E true-up charge. She advised she has clarifying questions out to Shawn Davidson, Utility Reporting Consultant, once he provides answers she will report back to Council.
Recreation Manager Vitorino advised of the upcoming City-Wide Garage Sale from March 1st to 3rd, Spring Clean-Up on March 9th, Paint Night on March 22nd and the Easter Egg Hunt on March 30th. She informed Council that there are fourteen interested applicants for the Miss Gustine Pageant. She advised facility rentals are booking up quickly. She also advised Gustine High School is hosting a Baseball/Softball Clinic on March 9th.
Administrative Services Director Correa reminded Council of the upcoming City/County Dinner in Livingston. She advised her and Recreation Manager Vitorino will be hosting Gustine Elementay and Romero Elementary students though the Boys and Girls Club of Merced County to hold a mock City Council meeting on Thursday. She advised of her assistance with the One Voice delegates to make sure they are fully prepped for their trip in May. She reminded everyone the March Primary Election day is coming up and advised the Goman Center will serve as a voting location. She further advised City Hall has a drop box in the lobby. She advised of her attendance at the Parking Citation Administrator vendor meeting. She also advised of her work with the City Engineering office on scheduling roundabout preparation meetings with businesses and community stakeholders who will be most impacted by traffic detours.
CITY ATTORNEY REPORT
There was no City Attorney report.
CITY MANAGER REPORT
Interim City Manager Kilger expressed gratitude to sit in for the City and advised he will provide any assistance he can with the onboarding of the new City Manager. He commended the staff for the work they get done with the limited resources they have.
He recommended the City look at where they want to be in the future and how to get there. He wished the City the best of luck.
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 advised that he had nothing to report.
Mayor Nagy updated on the REAP funding cuts and advised the Governor has pulled back half the funds without modification to the scope California cities are obligated to perform. He advised Merced County Association of Governments Governing Board voted on procuring a road assessment for the county roads and stated his disposition on doing the assessment. He asked the City to check in with Mid-Valley Disposal in regards to the tipping fee increases and acquire a report on what that will mean to the City’s rates. He welcomed the new City Manager, Soknirorn Than.
CLOSED SESSION
None.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 7:49 P.M.