MINUTES OF
REGULAR MEETING
May 21, 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, 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, City Engineer Mario Gouveia 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 Giles and carried 5-0.
DECLARATIONS OF CONFLICT OF INTEREST
There were no declarations of conflict of interest.
PRESENTATIONS
1. Proclamation: Public Works Week
Mayor Nagy presented the proclamation to Public Works Director Ingram and Maintenance Worker Jon Bishop. Mayor Nagy thanked Public Works for everything the department does for the City.
Public Works Director Ingram thanked City staff and Public Works staff for their help. He also thanked the residents for calling in concerns and providing their feedback.
PUBLIC COMMENT
Abby Pendleton, on behalf of Assembly Member Juan Alanis, provided a legislative update on bills passed by the Committee.
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 May 7, 2024 Regular Meeting
Recommendation: Review and approve
3. Warrants
Recommendation: Review and ratify
4. Treasurer’s Report
Recommendation: Review and file
5. Approve Request from Westside Auto Club for Use of City Streets, Facilities, and Services, and Waiver of Fees for Annual Linguica Run Event Recommendation: Review and approve request
6. Approve Resolution Accepting the Conversion of Real Property to Public Right of Way for Public Travel and Construction of Roundabout on SR-140/33 at Post Mile
5.6 Recommendation: Review and approve resolution
7. Approve Request for Allowance of Mobile Food Vendors for City Movie Night Event
Recommendation: Review and approve request
8. Approve Resolution Authorizing City Manager to Execute and Submit Grant Application for Urban and Community Forestry Program
Recommendation: Review and approve resolution
9. Approve Resolution Authorizing Investment of Monies into the Local Agency Investment Fund (LAIF)
Recommendation: Review and approve resolution
10. Authorize Issuance and Execution of Letters of Opposition for SB1038 and AB1886 Recommendation: Review and authorize
11. Approve Resolution Authorizing City Manager to Pursue Tobacco Grant with Capitol Advocacy Partners
Recommendation: Review and approve resolution
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Marsigli inquired on the deliverables associated with consent calendar item #11, to which City Manager Than advised the next step is implementing education and outreach.
Council member Marsigli inquired if the City has a good chance of award with the Tobacco Grant, to which City Manager Than affirmed and advised of the favorable position of the City, since delivering its objective successfully in the previous award.
Mayor Pro Tem Ford inquired if the Tobacco Grant funds the City’s School Resource Officer, and whether the district pays for a portion of the School Resource Officer, to which City Manager Than affirmed both.
Mayor Pro Tem Ford inquired if the school can help with a portion of the grant application fees, to which City Manager Than advised this has not been broached with the district, and further stated the contract with the district is up for renewal this year.
Mayor Nagy inquired if staff could request the Westside Auto Club partner with Wolfsen’s for consent calendar item #5.
Mayor Nagy further inquired if Wolfsen’s and Richard’s Market could be given the opportunity to participate as a vendor at the Movie Night event.
Council member Bonta made a motion to approve the consent calendar.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
ADMINISTRATIVE AGENDA
12. Consider Resolution Adopting Road Repair and Accountability Act (SB1) Project List for Fiscal Year 2024-2025
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
City Manager Than presented the staff report.
Council member Bonta inquired if the Downtown Roundabout project includes repaving 4th Street, to which City Manager Than answered no and advised staff can bring back to Council to prioritize repaving 4th Street.
There was no public comment.
Council member Giles inquired more information on the intersection-widening project at SR-140/33, to which City Manager Than advised Caltrans is in the design phase and stated Caltrans did not communicate this project with the City. City Manager Than further shared that the City and Caltrans convene quarterly to continue communicative efforts in projects and issues both agencies should be informed of.
Council member Marsigli inquired if a signal is planned in that area, to which City Manager Than advised according to a grant received from CMAQ and SB1, the intersection will be signalized at a future date.
Council member Marsigli inquired if SB1 funds include the signalization, to which City Manager Than advised SB1 will fund a portion of it but majority of the funds will come from CMAQ.
Mayor Pro Tem Ford inquired if the City will be given notice prior to the work beginning, to which City Manager Than advised of the intent of the quarterly meetings to hold Caltrans accountable for project communication.
Council member Marsigli made a motion to approve the resolution adopting Road Repair and Accountability Act (SB1) project list for fiscal year 2024-2025.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
13. Consider Resolution Authorizing City Manager to Execute Purchase Agreement with City of Merced for Street Sweeper
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 the City will be using storm drain funds towards the purchase, to which City Manager Than advised the storm drain fund is in deficit.
There was no public comment.
Council member Marsigli inquired more information on the $3,600 fiscal impact, to which City Manager Than advised Public Works staff is stretched very thin in the current services they provide and adding sweeping services to their task list will require the City to hire an additional Public Works employee.
Mayor Nagy inquired the proposed costs from Ronny’s Inc. compared to purchasing the street sweeper, to which City Manager Than advised proposed costs from Ronny’s Inc. were $160/hour or $69K annually.
Mayor Nagy commended Public Works Director Ingram on his assistance with the finding of the street sweeper.
Council member Bonta made a motion to approve the resolution authorizing City Manager to execute purchase agreement with City of Merced for street sweeper.
The motion was seconded by Council member Marsigli and carried 5-0.
14. Consider Resolution Authorizing City Manager to Execute Memorandum of Understanding with San Andreas Mutual Water Company for Feasibility Study for Tertiary System at Waste Water Treatment Plant
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
City Manager Than presented the staff report.
Council member Giles inquired if the feasibility study requires San Andreas to install a pilot program or is it just a study of the City’s data, to which City Manager Than advised it is just a study of the City’s data to access feasibility, performance, and capacity.
Council member Marsigli inquired whether the water goes to the wetlands, to which City Manager Than answered no and advised it is irrigation.
There was further discussion in regards to the water balance.
Council member Marsigli inquired ramifications if after the study, the City decides to sell the water to someone else, to which City Manager Than advised there is nothing binding the City with San Andreas and stated the Memorandum of Understanding states the City is interested in the study process only.
Mayor Pro Tem Ford inquired how the microbes are working, to which Public Works Director Ingram advised they are effective but not as effective as dredging. He further advised of discontinuing this method and looking at other options such as a floating dredge apparatus.
Mayor Pro Tem Ford inquired where the sludge would go, to which Public Works Director Ingram advised it would into a semi-trailer unit.
There was further discussion related to other options to remediate sludge and what those processes consist of.
Council member Marsigli inquired on the cost of aerators, to which Public Works Director Ingram advised of an estimate around $10K for a 10-horsepower aerator.
City Manager Than introduced San Andreas Mutual Water Company.
Austin Ewell, San Andreas Mutual Water Company, thanked City Manager, City staff and the Irrigation District for meeting with them. He provided an overview of the feasibility studies they have completed thus far.
There was some discussion related to requirements and legislature looking to get wastewater to a certain level of potability.
Council member Giles inquired the duration of the feasibility study, to which Mr. Ewell advised it would take between 3-6 months.
Council member Giles inquired whether current maintenance being done would interrupt the study, to which Mr. Ewell answered no and advised maintenance would be additional information that will be included in the study.
There was no public comment.
Council member Bonta made a motion to approve the resolution authorizing City Manager to execute Memorandum of Understanding with San Andreas Mutual Water Company for Feasibility Study for Tertiary System at Waste Water Treatment Plant The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
CITY DEPARTMENT REPORTS
Acting Police Chief Joseph thanked the Council and City staff for assisting the department with the purchase of two new vehicles, which were received just before the meeting.
Mayor Nagy called the meeting to recess at 7:24 P.M. to view the new police vehicles.
Mayor Nagy called the meeting back to order at 7:34 P.M.
Acting Police Chief Joseph updated on upcoming graduation events.
He reported on the vehicle vs. train accident that occurred last week.
Council member Marsigli inquired on the installation of truck route signs, to which City Manager Than advised the “6-ton prohibited” signs have been installed and further advised the City is waiting for the “go right” and “go left” signage before enforcement can begin.
Council member Marsigli inquired on additional signage by Cali Form Fitness and Strength Studio, to which City Manager Than advised of additional signage on Third Street diverting trucking to East Avenue. He further advised Economic & Community Development Director Westervelt has contacted trucking companies to advise of the detours.
Council member Bonta inquired on the “Every 15 Minutes” program, to which Acting Police Chief Joseph advised the department is in preparation for that program.
Fire Chief Borrelli clarified the “Every 15 Minutes” program occurs every two years and the next one will take place in 2025. He informed everyone of the “Fill the Boot” drive on Saturday May 25th from 9 A.M. to 12 P.M. He updated on his attendance at the Gustine Unified School District Community Resource event and advised of the lack of attendance from the community. He advised the department is sending out letters to schedule apartment inspections. He informed Council the department has three new recruits in the hiring process. He advised of his conversation with Gustine High School Principal, Adam Cano, in regards to creating a Fire program through the school to aide in securing candidates for volunteer firefighter. He updated on Engines 305 and 306 passing the pump test.
Mayor Nagy called the meeting to recess at 7:34 P.M.
Mayor Nagy called the meeting back to order at 7:39 P.M.
Finance Director Morrison advised that she had nothing to report.
Economic & Community Development Director Westervelt updated on storefront businesses coming to the City. She informed Council the 6th Cycle Housing Element Draft was released for comment on Monday. She further advised the comment period extends May 13th through June 12th at 5 P.M. She informed Council and the community the comments will come to Council once the comment period closes. She updated on her attendance at the CalRecycle meeting and advised the first inspection should take place in July.
Council member Marsigli inquired whether Gustine Family Foods has had a grand opening, to which Economic & Community Development Director Westervelt answered no and advised she would reach out to the owner and ask if they plan to host a grand opening.
Recreation Manager Vitorino updated on the Gustine Unified School District Resource Fair and reiterated the lack of attendance from the community. She advised of lifeguard certification training taking place this weekend and further advised there are eight new lifeguards attending. She informed Council of the Movie Night event taking place on Friday sponsored by CCID. She advised of the Situational Awareness and Preparedness event taking place tomorrow at the Goman Center from 6 P.M. to 8 P.M.
She advised Merced County’s final pool inspection will be Friday. Mrs. Vitorino shared everything is ready other than the installation of the ADA chair. She informed Council the Aquatics Center should be open by June 10th.
Administrative Services Director Correa informed Council the Lifeguard onboarding process has begun. She reported on the success of the City-wide staff meeting that occurred on May 8th.
Public Works Director Ingram advised the department will be at Pioneer Park next week to automate the sprinkler system. He advised the tennis court lights have been repaired.
He informed Council of upcoming valve replacements between 6th and 7th Streets along Highway 33. He further advised the roundabout detour will be moved west to 7th Street for a few days to help accommodate the valve replacement.
Mayor Nagy inquired the sidewalk plan for Dirt Dynasty in regards to sporadic work areas, to which Public Works Director Ingram advised he was informed by Dirty Dynasty they would like to complete the south side first before jumping to the north side of the road.
Public Works Director Ingram advised he could reach out Dirt Dynasty for clarification on their process and bring it back to Council.
Council member Marsigli informed Council and staff that Congressman Duarte voted the City’s request for Pioneer Park as one of his submitted earmark requests.
CITY ATTORNEY REPORT
City Attorney Siprelle provided an overview of the Levine Act, and how it pertains to Council as the election season nears.
City Manager Than inquired whether the Levine Act applies to only direct contributions, to which City Attorney Siprelle advised she believes it is just individual contributions.
City Attorney Siprelle advised the Council to keep a running list of any contributions in order to know when to recuse yourself from specific items.
City Attorney Siprelle advised Best Best and Krieger has prepared a memo further elaborating on the Act that would be sent to Council.
Mayor Nagy also informed Council any contributions have to be reported to FPPC.
CITY MANAGER REPORT
City Manager Than apologized for not sending out the bi-weekly update last Friday due to budget preparation.
Council member Marsigli inquired whether the City has funds set aside for strategic planning, to which City Manager Than affirmed and advised it is forthcoming but has been delayed to FY25 due to the process of retaining a consultant and the timing to acclimate with the City further.
Council member Bonta advised that Gouveia Engineering provided a Capital Improvement Plan in the past, to which City Manager Than advised Gouveia Engineering has provided a year to year basis but the City is currently looking to establish a 5-year projection.
CITY COUNCIL REPORTS
Council member Giles updated on his attendance at the One Voice event.
Council member Marsigli also advised of her attendance at the One Voice event and further advised of possible contacts made for the City.
Council member Bonta thanked Public Works and the Fire Department for hosing down the walking path at Harry Schmidt Park. He inquired on a past practice of jobs for youth program, to which Administrative Services Director Correa advised the City has been contacted by Merced County Workforce Investment to supplement the Public Works Department as had occurred in recent years. She shared fudning would be through the end of September She informed Council the City has also worked with the Office of Education in the past to provide internship opportunities through the Migrant Worker Program. She relayed she expects a call to continue that program when school resumes in the fall.
Mayor Pro Tem Ford advised that he had nothing to report.
Mayor Nagy expressed his disappointment with the execution of the sidewalk project.
He advised of issues with the bridge by Dollar General and stated he will be speaking to Caltrans on Thursday in regards to the roadway. He inquired whether the bridge replacement on SR-140 is postponed due to the roundabout project, to which City Manager Than answered no it has not been postponed.
He reiterated the Situational Awareness and Preparedness event is tomorrow. He inquired whether the City is participating in the airport FAA ACIP funding, to which City Manager Than advised it is still in place and further advised of his meeting with FAA today during which the City has been authorized to pursue actual fiscal capital improvement projects.
Mayor Nagy thanked the One Voice delegates for representing the City.
Mayor Nagy adjourned open session with a moment of silence in remembrance of Mr.
Robbie Fonseca.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. THREAT TO PUBLIC SERVICES OR FACILITIES. Pursuant to Government Code Section 549579(a). Consultation with: Soknirorn Than, City Manager After returning to open session, Mayor Nagy advised there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:29 P.M.