MINUTES OF
REGULAR MEETING
April 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 – Mayor Pro Tem Ford - Mayor Nagy Staff present: City Manager Soknirorn Than, Administrative Services Director Melanie Correa, Recreation Manager Tiffany Vitorino, Acting Police Chief Sammy Joseph, Finance Director Jenny Morrison, Fire Chief Pat Borrelli, Public Works Director Gary Ingram, and Economic & Community Development Director Jami Westervelt
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 of interest.
PRESENTATIONS
None.
PUBLIC COMMENT
Christan Santos, on behalf of Congressman John Duarte, thanked staff for allowing mobile district office to be held at City Hall. He expressed honor in being able to participate in the SR -140/33 Roundabout Groundbreaking Ceremony. He provided a legislative update on bill H.R. 7816, introduced by Congressman Duarte, the Clear Communication for Veterans Claims Act. He provided further detail on the passing of H.R. 7013- Confidence in Clean Water Permits Act.
Abby Pendleton, on behalf of Assembly Member Juan Alanis, provided a legislative update on bills passed by the Committee.
Nathan Ahle, Comcast, Director of Government Affairs, reiterated Comcast’s commitment in bringing broadband to Gustine. He provided an update on the current projects in the review stage.
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?
1. Minutes of the April 2, 2024 Regular Meeting
Recommendation: Review and approve
2. Warrants
Recommendation: Review and ratify
3. Treasurer’s Report – March 2024
Recommendation: Review and approve
4. Approve Resolution Approving Expanded Classifications for Lifeguard Personnel, Adopting Related Job Descriptions, and Establishing Pay Schedule for Lifeguard I, Lifeguard II, and Lead Lifeguard Positions
Recommendation: Review and approve resolution
5. Approve Expenditure of User Utility Tax Funds for ADA Chair Lift for Aquatics Center
Recommendation: Review and approve expenditure
Mayor Nagy introduced the consent calendar.
There was no public comment.
Mayor Pro Tem Ford advised of his abstention from consent calendar item #1 due to his absence.
Council member Marsigli inquired clarification on the wording in the resolution for consent calendar item #5, to which City Manager Than advised in order for the City to expend the balance an appropriation budget amendment transferring the fund balance to an expendable account is necessary.
Council member Marsigli commented on the minimum wage increase and benefits being offered to the Lead Lifeguard position, to which Administrative Services Director Correa affirmed the Lead Lifeguard position, would be offered benefits associated with full-time positions. Council member Marsigli inquired if increased admission fees will help, to which Recreation Manager Vitorino affirmed and advised all aquatic fees are increased this season.
Mayor Nagy requested a P&L statement for the pool and advised he has not seen one in years, making decisions difficult without knowing the all liabilities.
City Manager Than provided information on other agency salaries. He further advised the City would provide Council with a financial report at the end of the aquatic season.
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 consent calendar item #1.
ADMINISTRATIVE AGENDA
6. Consider Resolution Amending User & Regulatory Fee Schedule to Include Requirement of Cost Recovery Agreement for Specific Deposit-Based Projects
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve the resolution
Economic & Community Development Director Westervelt presented the staff report.
There was no public comment.
Council member Marsigli inquired if it is at the City’s discretion whether a Cost Recovery Agreement is required, to which City Manager Than affirmed and advised it will depend on the project.
Economic & Community Development Director Westervelt advised the language provides the City flexibility to waive the Cost Recovery Agreement if not appropriate.
Mayor Pro Tem Ford provided his opinion on the agreement and advised for staff to monitor whether the requirement becomes burdensome on applicants.
City Manager Than provided the importance and relevance of having a Cost Recovery Agreement.
Council member Marsigli made a motion to approve the resolution.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
7. DISCUSSION – Review and Provide Commentary on Draft Housing Plan
1. Receive Staff Report
2. Receive public comment
3. Provide Council commentary and input
Economic & Community Development Director Westervelt presented the staff report.
Gina Paolini, CSG Consultant, provided additional details on the draft Housing Plan.
Mayor Pro Tem Ford inquired clarification on the total amount of units needed, to which Economic & Community Development Director Westervelt advised out of the 264 units from the Southeast Annexation project 152 can be counted towards the units required for the Housing Element.
Mayor Pro Tem Ford inquired why 16 ADU’s are considered above moderate, to which Economic & Community Development Director Westervelt advised the City did not have any data and played it safe by considering the 16 ADU’s as above moderate.
Mayor Pro Tem Ford inquired what data is being collected, to which City Manager Than advised the State would like the City to collect the data by reviewing who moves in to these units and their earned income.
City Manager Than advised all comments and questions received will be given to Rincon and Associates and their sub-contractor, Veronica Tam, to answer at a future meeting.
There was further discussion in regards to the required data the State is asking for from the City.
Mayor Nagy inquired if 8 ADU units are built during this cycle and are designated as above moderate, in the next cycle would these ADU’s still be designated as above moderate. City Manager Than advised the City will look into it and further advised it is hard to know what the requirements will be in the next Cycle Housing Element.
Council member Marsigli inquired who wrote the goals on the Housing Element draft, to which Economic & Community Development Director advised this draft was put together by Veronica Tam’s team and further advised some of the goals are requirements by law.
City Manager Than also advised the goals are based on feedback from prior HCD submittals.
Mayor Pro Tem Ford inquired if Council is needing to approve required action, to which Economic & Community Development Director Westervelt advised the City is not asking for Council to approve any items but instead to receive feedback and input on the draft being presented.
Council member Marsigli inquired clarification on the goals, to which City Manager Than advised the plan is to include language that is cohesive in term of the States end goal and also allowing the City flexibility to work with other agencies that would benefit the City in collecting necessary housing data.
Council member Marsigli asked to remove annual meetings with property owners and developers to pursue housing development in the City, to which City Than advised all comments and input by Council will be reported and action will be taken. He further advised of comment forms available for residents to provide comments and feedback.
Council member Marsigli asked to remove the ADU amnesty plan, to which Economic & Community Development Director Westervelt clarified it could be any type of amnesty.
City Manager Than provided further details on the ADU amnesty plan.
Council member Giles inquired Council thoughts on having three educational workshops and expedited reviews for ADU applications, to which Ms. Paolini clarified the three workshops, were changed to regional workshops.
Council member Marsigli inquired the issue with the City’s architectural review standards, to which Ms. Paolini advised they are currently not objective and need to be at objective standards.
City Manager Than provided further details on how the architectural review is not currently objective.
There was further discussion in regards to architectural review.
Council member Giles inquired who draws the line on what neighborhoods look like and how many different areas will be in town, to which City Manager Than advised Council would make those decisions.
Council member Marsigli inquired if other cities are doing outreach to landlords, to which City Manager Than advised it is a question that has been brought up and further advised the State is looking for effectiveness of the outreach.
Council member Bonta inquired if caveats can be included stating any cities under 15K population do not have the capacity to complete these requirements. City Manager Than advised there is not a provision that carves that out and further advised that AB 987 states it applies to all.
Mayor Pro Tem Ford inquired on reuse of storm water, to which City Manager Than advised it could be an option to provide water services.
Mayor Pro Tem Ford suggested developers having self-contained units, to which City Manager Than advised it is an option and further advised there is large capital costs for developments implementing self-contained units.
City Manager Than expressed appreciation for all comments and feedback.
Mayor Pro Tem Ford inquired if the City could submit their Housing Element without the region, to which City Manager affirmed and shared the regional effort was to get everyone’s Housing Element on the table and save on the cost of a consultant.
There was further discussion in regards to completing the Housing Element solo.
Mayor Pro Tem Ford inquired if the regional and the City housing plan will be submitted together or separate, to which Economic & Community Development Director Westervelt advised they will be submitted together.
There was no public comment.
Council member Marsigli inquired who wrote the goals, to which City Manager Than advised the goals came from the City consultant.
Council member Marsigli inquired clarification from City consultant on their definition of a person of special needs, to which City Manager Than advised the City will request a clearer definition.
CITY DEPARTMENT REPORTS
Fire Chief Borrelli advised the department is testing the hose at the station. He informed Council of interested volunteer recruits. He advised of his participation at the Special Gustine High School Graduation. He further advised of his attendance at the County Board of Supervisors meeting in regards to 2.0 staffing.
Acting Police Chief Joseph advised of the escort assistance they provided in the Special Gustine High School l Graduation for Bryan Ortiz Nunez. He advised the department was approved for a traffic enforcement detail which was implemented today. He informed Council of probation sweeps that will take place on April 18th. Mr.
Joseph advised the department will be working with the Probation Department, Los Banos PD and Dos Palos PD for the probation sweeps. He updated on Officer Gonzalez’s training and recruitment efforts for Reserve Police Officer.
Public Works Director Ingram advised the department is keeping up with the mowing schedule for parks. He informed Council they are working on installing automated sprinklers in Henry Miller Park. He advised the department was filling potholes today around town. He also advised they replaced water service on Elm Ave due to low water pressure. He reminded Council the detour for the SR 33/140 Roundabout project begins April 22nd.
Council member Bonta advised of a pothole on Sullivan and Hunt, to which Public Works Director Ingram advised the department will check it out.
Council member Marsigli complimented the City parks.
Council member Bonta inquired on the walking path resurfacing estimates, to which Public Works Director Ingram advised this project has been tabled until he can gather funding sources.
Finance Director Morrison advised she had nothing to report.
Recreation Manager Vitorino thanked Council for approving Lifeguard positions. She advised Lifeguard training will take place on May 25th – May 27th and informed Council the City will have a new Lifeguard trainer coming from Turlock. She also informed Council of the upcoming Special Event Policy Ad-Hoc Committee meeting on May 2nd.
She updated on the Aquatics Center Resurfacing project. She advised of her meeting tomorrow with Gustine High School Class of 2025 and 2026 for this year’s Color Run event. She informed Council the fireworks contract came in without any increase over last year. She advised there will be an extra envelope in the May utility bill for 4th of July Firework Show donations. She further advised of additional advertising she will be doing for firework donations.
Council member Marsigli recommended asking City of Newman to include a notice in their utility bill as well, to which Recreation Manager Vitorino advised Mayor Nagy attended a City of Newman Council meeting last year asking for donations, and was not given a response.
Council member Marsigli informed Council of Recreation Manager Vitorino’s efforts in getting the estimate reduced for Change Order #1, regarding the steps at the Aquatic Center.
Council member Giles inquired status on the aerator project, to which Recreation Manager Vitorino advised the vendor is hoping to have the project completed by end of May.
Economic & Community Development Director Westervelt informed Council the City has received the Depredation Permit for the egrets. She advised the plan is to move up the permit deadline this year in order to line up with the nesting season. She updated on the Caltrans Aeronautical Inspection report. She advised of the extension received from Ron Katakis regarding the Vesting Tentative Subdivision Map. She updated on her attendance at the Annual Conference for California Association of Economic Development and advised she received a scholarship that paid for her attendance.
Mayor Pro Tem Ford suggesting using Wildlife Management for squirrel abatement at the airport.
Council member Bonta inquired if squirrel bait works for tree squirrels, to which City Manager Than advised the City will approach the contractor with that question.
Council member Bonta inquired on a 2024 October Fly-In, to which Economic & Community Development Director Westervelt answered no and advised currently the Airport Commission has only one Commissioner.
Mayor Nagy inquired if the new restaurant will be next door to Picosito, to which Economic & Community Development Director Westervelt affirmed.
There was further discussion in regards to the Airport.
Administrative Services Director Correa informed Council the City was contacted by the City’s Risk Management Authority to host the Northern Region Police Forum on the Below 100 Initiative and advised the City will be hosting this on May 1st in the Council Chambers.
CITY ATTORNEY REPORT
There was no City Attorney report.
CITY MANAGER REPORT
City Manager Than updated on the budget process and advised the City needs to go further than an Annual Capital Improvement Plan due to the amount of projects taking place. He advised City staff will bring this to Council to receive feedback. He informed Council staff is evaluating the CFD’s and LLD’s for new developments and advised this item will be brought to Council at their next meeting. He advised the second Roundabout stakeholder meeting will be April 18th. He asked all residents to be mindful of detours.
CITY COUNCIL REPORTS
Council member Marsigli reminded everyone of Motors on Main on April 27th.
Council member Bonta advised that he had nothing to report.
Council member Giles reiterated compliments of City parks.
Mayor Pro Tem Ford advised that he had nothing to report.
Mayor Nagy advised of upcoming meetings for Merced County Association of Governments on April 18th and San Joaquin Valley Regional Policy Conference from April 29th to May 1st. He reiterated the reminder of the Motors on Main event on April 27th.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:21 P.M.