MINUTES OF
REGULAR MEETING
May 7, 2024
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:31 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, City Attorney Ann Siprelle, Recreation Manager Tiffany Vitorino, Acting Police Chief Sammy Joseph, Finance Director Jenny Morrison, Fire Chief Pat Borrelli, Public Works Director Gary Ingram, Economic & Community Development Director Jami Westervelt, and Administrative Services Director Melanie Correa
APPROVAL OF AGENDA
Council member Marsigli made a motion to approve the agenda.
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. Certificate of Recognition
Emma Woods, 2023 – 2024 California FFA State Star Farmer Mayor Nagy presented a Certification of Recognition to Emma Woods. Ms. Woods thanked the City Council and Gustine FFA Advisors for giving her the opportunity and recognition of FFA State Star Farmer.
2. Certificate of Recognition
Austin Bell, 2023 – 2024 California FFA President
Mayor Nagy presented a Certification of Recognition to Austin Bell. Mr. Bell expressed gratitude for the recognition. He thanked the Council and FFA for the work they do.
3. Capitol Advocacy Partners – Year in Review
Dana DeBeaumont, Partner
Dana DeBeaumont, Partner, presented the Year in Review.
Council member Bonta inquired the process for follow through on the City’s One Voice initiatives, to which Ms. DeBeaumont advised Capitol Advocacy Partners is not involved in the One Voice event. She further advised current obligations to water projects should be started prior to new project requests.
City Manager Than advised an application has been submitted to US EPA. He further advised staff is actively pursuing funding through State Revolving Funds as well. He advised he has reached out to five other California cities that received similar congressional directed funds who all shared the process with US EPA can be difficult.
Ms. DeBeaumont advised Capitol Advocacy Partners can follow up with US EPA on behalf of the City’s. She further advised if the project is unaffordable now, the City can look to reduce the scope for the project to stay within funding.
Council member Marsigli inquired on reapplying for CIT grant funding, to which Ms.
DeBeaumont advised the City could apply for funding and stated State and Federal funding is plentiful.
PUBLIC COMMENT
Owner of Wolfsen’s advised of his appreciation for the City’s help with signs and further advised he needs bigger signs and better routes. He asked for help with directing traffic to Wolfsen’s.
Mayor Nagy suggested Wolfsen’s become a vendor at City events.
Owner of Wolfsen’s advised of access needs for 18-wheelers and for a car club coming on June 1st. He relayed that lack of parking could lead to cancellations.
Mayor Nagy suggested using Gustine Unified School District parking lot.
The business owner requested signs from Santa Nella, Los Banos and Highway 140.
Craig Christenson, 657 West Avenue, informed Council the contractors on CalTrans work are not installing base rock. He advised of his conversation with the CalTrans Inspection and stated he was told they are installing according to plan. He gave a shout out to Gustine Police Department for enforcing the stop sign at Sullivan and SR140/33.
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 April 16, 2024 Regular Meeting
Recommendation: Review and approve
5. Warrants
Recommendation: Review and ratify
6. Approve Resolution Authorizing City Manager to Enter into Contract with Data Ticket for Parking and Administrative Citation Processing Services Recommendation: Review and approve resolution
7. Approve Request from Gustine Chamber of Commerce for Use of City Streets and Services, and Waiver of Fees for 4th of July Parade Event Recommendation: Review and approve use and waiver
8. Approve Request for Use of City Streets and Services, Waiver of Aquatics Center Fees for Patrons Under 12, and Allowance of Mobile Food Vendors for Annual 4th of July in the Park Event
Recommendation: Review and approve request
9. Approve Request for Use of City Streets and Services, and Allowance of Mobile Food Vendors for Annual Color Run/Walk 5K Event
Recommendation: Review and approve request
10. Approve Resolution Authorizing City Manager to Execute Contract Amendment with Stantec Consulting Services to Complete Well Decommissioning Project Recommendation: Review and approve resolution
11. Approve Resolution of Intent to Levy and Collect Annual Assessment for Citywide Assessment District 95-1; Southport Assessment District; and Borrelli Assessment District and Setting a Public Hearing
Recommendation: Review and approve resolution
Mayor Nagy introduced the consent calendar.
Craig Christenson, 657 West Avenue, inquired if the Borrelli Ranch LLD includes all the houses within the subdivision, to which Mayor Nagy answered no.
Council member Marsigli inquired on the Dom Solar warrant monthly fluctuation, to which Finance Director Morrison advised that warrant is for the Tesla Solar array at the Wastewater Treatment Plant. Mrs. Morrison further advised that according to the City’s agreement, the charges fluctuate based off the City’s energy consumption. Council member Marsigli questioned the amount of $3600 during a sunnier season, to which City Manager Than advised of fluctuations of usage based off operations at the plant.
Council member Giles inquired on consent calendar item #10, regarding guaranteed access to sites, to which City Manager Than advised of delays due to the access agreement.
Council member Marsigli inquired of any recourse if the property owners remain resistant on access, to which City Manager Than advised legal action can be explored.
Mayor Pro Tem Ford inquired why access is needed at the Peter’s Trucking property, to which City Manager Than advised the City installed the monitoring wells and because the City is purchasing portions of the corner to put in the roundabout, it is now the City’s obligation to remove it.
Mayor Nagy commented when the leak occurred it was the County’s corporation yard and advised the burden should fall on the County, to which City Manager Than advised he will look into it.
Mayor Nagy requested to pull consent calendar item #6.
Council member Marsigli questioned the calculation of fees associated with consent calendar item #7 and #8, to which City Manager Than advised each hour staff spends on any event should be transparent and allocated. He further advised non-City events are pulling staff from their normal duties.
Council member Marsigli inquired on the fee to install no parking signs, to which City Manager Than advised the fee is associated with the staff person installing the signs and the amount of time that is spent the task. He further advised he wants to bring Council the fee breakdown on all events so they are aware of the fees associated with waiver requests.
Mayor Nagy advised local food vendors should get first priority at the City events. He expressed his concerns with the 5K Color Run/Walk route, to which City Manager Than advised the original route would have a massive impact on the current traffic detour.
Recreation Manager Vitorino advised representatives from the GHS Class of 2025 will seek local business participation in the City’s Color Run/Walk. She further advised she will provide Wolfsen’s with the form as well.
Mayor Pro Tem Ford inquired if the businesses are able to set up on the sidewalk outside of their business, to which Recreation Manager Vitorino advised she will double check with Merced County.
Mayor Nagy reintroduced consent calendar item #6.
There was no public comment.
Mayor Nagy commented on what the cost of parking tickets would need to be in order to break even if moving forward in the contract with Data Ticket.
Acting Police Chief Joseph advised the fees will be narrowed down once the department is able to get the ticket process complete. He informed Council current parking citations carry a fine of $20.
Mayor Nagy questioned if the contract would be beneficial to the City, to which Administrative Services Director Correa advised the company would also process the City’s administrative citations lifting that current burden from staff.
Acting Police Chief Joseph informed Council of the benefit of using the company to help collect revenue from administrative citations.
Mayor Pro Tem Ford inquired who makes the decision on an appeal, to which Acting Police Chief Joseph advised Data Ticket would handle the appeal process.
Council member Marsigli inquired the percentage of return on Administrative tickets, to which Administrative Services Director Correa advised she will provide that information to Council.
Mayor Nagy voiced concerns with the appeal procedure and the costs associated with the appeal process.
City Manager Than advised of the importance of having a citation system in place and further advised the item can be pulled for continuance.
Council member Bonta made a motion to approve consent calendar items #4-5 and #7-11.
The motion was seconded by Council member Giles and carried 5-0.
Consent Calendar item #6 was pulled for continuance at the May 21st Council meeting.
ADMINISTRATIVE AGENDA
12. PUBLIC HEARING – Consider Resolution Approving Request for Tentative Parcel Map to Subdivide an Existing Lot into Three Parcels and Finding the Project Exempt from CEQA Provisions
1. Receive Staff Report
2. Open the public hearing
3. Close the public hearing
3. Consider a motion to approve resolution approving a tentative parcel map to subdivide an existing lot located at 555 Wallis Ave (APN 020-151-022) into three parcels and finding the project exempt from CEQA provisions Economic & Community Development Director Westervelt presented the staff report.
Mayor Nagy opened the public hearing at 7:37 P.M.
There was no public comment.
The public hearing was closed at 7:43 P.M.
Council member Marsigli inquired whether the ADU on parcel two must remain, to which Economic & Community Development Director Westervelt advised it would affect the ability to add another ADU on the property and further advised a designated ADU can be removed and something else rebuilt as long as the City approves it.
Council member Marsigli inquired whether ADU changes would affect the Housing Element site inventory list, to which City Manager Than advised these are not accounted for so the no net loss rule does not apply.
Mayor Nagy expressed aggravation with state mandates.
Council member Marsigli inquired whether the applicant could request a variance, to which City Manager Than affirmed but further advised the conditions are only applicable when the property changes hands.
Council member Bonta made a motion to approve resolution approving a tentative parcel map to subdivide an existing lot located at 555 Wallis Ave (APN 020-151-022) into three parcels and finding the project exempt from CEQA provisions.
The motion was seconded by Council member Marsigli and carried 5-0.
13. Consider Resolution Approving Two-Year Extension for Vesting Tentative Subdivision Map Related to Development of Parcels in the Southeast Gustine Master Plan Area
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
Economic & Community Development Director Westervelt presented the staff report.
There was no public comment.
City Attorney Siprelle advised Gustine’s Municipal Code allows the Council to grant one 12-month extension and further advised of the three findings Council will need in order to approve the extension.
Council member Marsigli inquired whether a well will be needed, to which City Manager Than advised a new well is a condition in the EIR.
Council member Marsigli inquired on information she had received that there was no need for a new well to accommodate the development, to which City Attorney Siprelle advised the cost of the necessary well was built into the development impact fees.
Council member Bonta inquired whether this extension affects the Rasmussen parcels, to which Economic & Community Development Director Westervelt answered no.
Council member Bonta inquired status on where the project is at, to which Economic & Community Development Director advised the improvement plans and final map are in review. She relayed that once final map is approved by Council the building process can begin.
City Manager Than advised development can be built in phases.
City Attorney Siprelle advised of another important condition that needs to be met, which is the formation of the Community Facilities District.
Mayor Pro Tem Ford made a motion to approve the resolution with the addition of GMC Section 4-61-140(b) findings.
The motion was seconded by Council member Giles and carried 5-0.
14. Consider Resolution Authorizing City Manager to Enter into Contract with DTA to Form Community Facilities District (CFD) for Katakis Vesting Tentative Subdivision Map and to Initiate CFD Formation Group
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
City Manager Than presented the staff report.
Mayor Pro Tem Ford inquired whether Public Works expenses will be included, to which City Manager Than affirmed.
Council member Marsigli inquired on the timeframe of the process, to which City Manager Than advised Harris & Associates included a conservative timeframe but advised since this is for development it is expected to take four to five months.
Wolfsen’s owner, inquired how long it will stay in effect and is it for new buildings, to which City Manager Than advised it is in effect for perpetuity and would apply to the Southeast Gustine Master Plan area.
Wolfsen’s owner inquired whether this will encourage developer incentives, to which City Manager Than advised the City would not be seeking to establish a bonded CFD, rather one that would recoup costs of the services the residents will receive.
Wolfsen’s owner inquired if the rate will increase annually, to which City Manager Than advised it will escalate according to CPI.
City Manager Than advised of an error in the cost listed on the resolution, which should state $34K.
Council member Marsigli made a motion to approve the resolution with the updated cost.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
15. Provide Direction on Applying for Department of Justice Promoting Access to Crisis Team Grant
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to either:
a. Approve the resolution
b. Direct City Manager not to pursue grant application
Acting Police Chief Joseph presented the staff report.
City Manager Than provided further details on the grant.
There was no public comment.
Mayor Pro Tem Ford inquired the process if the Police department received a 5150 call, to which Acting Police Chief Joseph advised the process consists of processing the 5150 internally and transport to the hospital in Los Banos.
Acting Chief Joseph advised the current CIT program is focused more around issues dealing with minors.
Council member Marsigli inquired whether the school district has their own CIT program, to which Acting Police Chief Joseph advised the school has implemented two clinicians that work all schools.
Mayor Pro Tem Ford voiced his concerns with the officer turning over the person to a clinician instead of transporting the person themselves, to which Acting Police Chief Joseph advised it only occurs in non-violent situations.
Mayor Pro Tem Ford inquired where the application fee would come from, to which City Manager Than advised it would come from the General fund.
Council member Giles expressed his concern with the City having to fund the program beyond expansion, to which City Manager Than advised the City could work with La Familia to extend hours or the City could do educational workshops. Mr. Than advised the City would need to keep the status quo and add a component to be considered expansion.
Council member Bonta made a motion to approve the resolution.
Council member Giles inquired what the status quo would cost the City, to which City Manager Than advised current costs are $11K monthly.
Council member Marsigli inquired if the City could seek assistance from Merced County Behavioral Health, to which City Manager Than advised the City could ask for help but advised the service they provide is not at the level the City is currently providing.
Mayor Pro Tem Ford inquired if La Familia provides their personnel, to which City Manager Than affirmed.
Council member Bonta withdrew his motion.
Mayor Nagy provided direction to collaborate with Merced County Behavioral Health and not to pursue the grant.
16. Provide Direction on Applying for California Department of Forestry and Fire Protection Grant.
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to either:
a. Approve the resolution
b. Direct City Manager not to pursue grant application
City Manager Than presented the staff report.
Wolfsen’s owner, advised of trees on Ash Avenue filled with termites. He provided his agreeance with the grant application.
Council member Marsigli advised she does not want CalFire to dictate what the City plants, to which City Manager Than advised CalFire provides minor input on tree selection, such as limiting the use of trees that are large that impact electrical lines increasing fire risk. Mr. Than further advised tree species will be approved by the City not CalFire.
Mayor Pro Tem Ford inquired whether the City has to comply with Jerry Brown’s landscape plan, to which City Manager Than advised the trees will be part of the landscape plan and will follow drought tolerance standards.
There was further discussion in regards to termites on Ash Avenue.
Mayor Nagy voiced his concerns with spending the money and not following through with the inventory, to which City Manager Than advised of the importance of multi-year capital improvement plans to keep projects on track.
Mayor Nagy inquired if this grant is for cutting and trimming trees, to which City Manager Than advised this grant is specifically for the inventory plan itself.
Council member Giles inquired how often inventory needs to be updated, to which City Manager Than advised master plans typically carry a 5-year life cycle.
Council member Marsigli made a motion to approve the resolution.
The motion was seconded by Mayor Pro Tem Ford and carried 4-1, with Council member Bonta in opposition.
CITY DEPARTMENT REPORTS
Acting Police Chief Joseph updated on traffic details. He further advised of his work with HR to hire more Reserve Officers.
Council member Marsigli inquired when a new officer will be available to begin, to which Acting Police Chief Joseph advised one officer is in training and the department is in the pre-employment process for Reserve Police Officer candidates.
Administrative Services Director Correa advised sworn staff has the most stringent preemployment process.
Mr. Joseph advised the officer in training should be off training within the next month.
He further advised of the importance of bringing on Level 1 Reserve Officers.
Fire Chief Borrelli informed Council engine 206 is being pump tested, to be followed by engine 305. He advised of his conversation with Assistant Fire Chief Pimentel regarding the Supervisor’s meeting and their vote to combine Cressy and Ballico stations, and to close the Dos Palos City, Livingston, and McKee stations. He also advised the award of a SAFER grant could change closures.
Council member Marsigli inquired if the City is applying for the SAFER grant, to which Fire Chief Borrelli advised the City is not applying but did provide letters of support for the County’s application.
Public Works Director Ingram reported on normal routine maintenance. He advised of his collaborative work with the Roundabout and CalTrans sidewalk contractors.
Council member Bonta inquired when the City will see improvements to the walking path, to which Public Works Director Ingram advised when funding is identified.
Council member Bonta clarified when the walking path be cleaned, to which Public Works Director Ingram advised they will go out and see what they can do.
Mayor Pro Tem Ford advised of his conversation with the sidewalk contractor and was informed they are willing to partner with the City to expand scope to include other problem sections of sidewalk, to which Public Works Director Ingram advised he will reach out to the contractor.
Public Works Director Ingram updated on the City partnering with PG&E to remove trees.
Mayor Nagy inquired on the wood chippings at the Corporation Yard, to which Public Works Director Ingram advised everyone is welcome to it.
Mayor Nagy inquired on the sidewalk project beginning mid-scope, to which City Manager Than advised they started at the easiest part first.
Mayor Nagy thanked the department for taking care of the leak on SR-140/33.
Council member Marsigli inquired on the status of applying for EPA Technical assistance, to which City Manager Than advised Council members Marsigli and Giles helped arrange a meeting with the Water Board last week. He further advised the City was supposed to go through applications to go through the Water Technical Assistance program but they are now looking to get assistance in applying through an exemption.
Economic & Community Development Director Westervelt updated on the 6th Cycle Housing Element Draft and advised it is to be released on Monday May 13th. She informed Council the City is continuing to receive a steady volume of planning work.
She advised of the difficulty in finding planners and further advised the City has released a Request for Qualifications (RFQ) for On-Call Planning Services, which closes on May 16th.
Mayor Pro Tem Ford inquired if there any local planning companies, to which Economic & Community Development Director Westervelt informed Council there are local planning companies that have been contacted through the RFQ release.
She updated on the broadband projects and advised they are moving through review.
Council member Marsigli inquired clarification on the LAFCO email, to which Economic & Community Development Director Westervelt advised it is an email in regards to their annual budget and further advised it states the budget is smaller but the fees are increasing.
Council member Marsigli inquired clarification on the share to the City, to which Economic & Community Development Director Westervelt advised it is what they anticipate the City will have to pay and put in the City budget.
Finance Director Morrison advised of the ongoing budget prep. She informed Council of the upcoming Special Budget Workshop to be held June 4th at 5 P.M.
Recreation Manager Vitorino updated on the Special Event Ad-Hoc Committee meeting and advised the next meeting will be held in June. She also advised the City will have Merced County Environmental Health at that meeting to answer any questions. She updated on the installation of the ADA chair along with the ladders at the pool. She advised Lifeguard Training will take place May 25th - 27th. She also advised the Aquatics Center opening day will be mid-June. She updated on the Motors on Main event and advised she received donations of $1000 from Motors on Main and In Good Taste Catering along with $500 from Westside Auto Club. She advised the firework donations are being sought with help from Westside 4H.
Mayor Nagy questioned the opening date for the Aquatics Center, to which Recreation Manager Vitorino advised of the HR pre-employment process and training required.
Administrative Services Director Correa informed Council of the upcoming City/County Dinner in Atwater on July 11th. She advised she is working on getting the One Voice delegates their information in order for them to be effective on their strike team participation.
CITY ATTORNEY REPORT
There was no City Attorney report.
CITY MANAGER REPORT
City Manager Than informed Council of the Technical Review Board meeting taking place tomorrow. He advised of Melanie’s attendance in his place at the City/County CEO and City Managers luncheon. He expressed appreciation for Fire Chief Borrelli for keeping the City updated on the decisions made by the County and the best practices for the City. He informed Council and residents of the Traffic Safety Committee and North Avenue Stakeholder meeting on May 16th. He thanked residents for their patience during the SR-140/ 33 Roundabout construction. He advised of the approval from CalTrans to order additional signs. He also advised the Chief of Police and Police department will be coordinating with CHP in enforcing the detours and truck routes.
Council member Bonta inquired when the City will be looking into center monuments for the roundabout, to which City Manager Than advised he will look into it.
Council member Bonta inquired on a timeframe for the Downtown Roundabout and repave of 4th Avenue, to which City Manager Than advised the goal is to get it out to bid this winter and to start construction next spring.
CITY COUNCIL REPORTS
Council member Giles expressed disappointment in learning that the City is not getting base rock under the sidewalks. He also advised of his absence at the Traffic Safety Committee meeting due to his attendance at the One Voice event.
Council member Marsigli also advised of her attendance at the upcoming One Voice event. She thanked staff for helping with her One Voice speech.
Council member Bonta advised that he had nothing to report.
Mayor Pro Tem Ford advised that he had nothing to report.
Mayor Nagy commended Motors on Main on their event and their donation to the City.
He updated on his attendance at the San Joaquin Valley Regional Policy Committee conference in Visalia last week. He wished One Voice delegates the best on their trip.
He informed everyone of the free Situational Awareness and Preparedness seminar that will take place on May 22nd from 6 P.M. to 8 P.M. at the Goman Center. He informed Council of an invitation for San Joaquin Valley Veterans Cemetery ceremony on Memorial Day. He also advised of the Memorial Day ceremony at Hills Ferry on Memorial Day at 10 A.M.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:59 P.M.