MINUTES OF
REGULAR MEETING
July 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, City Attorney Ann Siprelle (virtual), Acting Police Chief Sammy Joseph, Finance Director Jenny Morrison, Public Works Director Gary Ingram, Economic & Community Development Director Jami Westervelt, Fire Chief Pat Borrelli, Project Manager Danny Reed and Administrative Services Director Melanie Correa
APPROVAL OF AGENDA
Administrative Services Director advised of a correction on the recommendation for consent calendar item #6, which is presented for Council’s information only.
Council member Bonta made a motion to approve the agenda as amended.
The motion was seconded by Council member Marsigli and carried 5-0.
DECLARATIONS OF CONFLICT OF INTEREST
Council member Bonta advised of his abstention from the June 26, 2024 special meeting minutes due to his absence.
Mayor Nagy advised of his abstention from the July 2, 2024 regular meeting minutes and the June 26, 2024 special meeting minutes due to his absence.
PUBLIC COMMENT
Abby Pendleton, on behalf of Assembly Member Juan Alanis, provided an overview of agriculture-related bills passed by the Senate Agriculture Committee.
Craig Christenson, 657 West Avenue, advised of code violations at the northwest corner of Ash and E. Wallace and at 3rd Avenue and East Avenue.
Mary Graham, Fentem Road, advised of many houses with overgrown weeds.
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 July 2, 2024 Regular Meeting
Recommendation: Review and approve
2. Minutes of the June 26, 2024 Special Meeting
Recommendation: Review and approve
3. Warrants
Recommendation: Review and ratify
4. Treasurer’s Report – June 2024
Recommendation: Review and file
5. Approve Resolution Authorizing Local Agency Signatory Personnel for Local Agency Investment Fund (LAIF)
Recommendation: Review and approve resolution
6. First Amendment to Contract Employment Agreement for Public Works Utilities Project Consultant and Authorize City Manager to Execute Amendment Recommendation: Review for informational purposes
7. Approve Resolution Adopting Gustine Employee Salary Schedule Recommendation: Review and approve resolution
8. Approve Request for Summer Recess and Direct Staff to Cancel August 6, 2024 Regular City Council Meeting
Recommendation: Review and approve
9. Direct Staff to Send Out Warrant Checks Prior to August 20, 2024 Regular Council Meeting
Recommendation: Review and approve
10. Approve Resolution Accepting Aquatics Center Resurfacing Project as Complete, Directing City Clerk to File a Notice of Completion and Authorizing City Manager to Make Final Payment
Recommendation: Review and approve resolution
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Marsigli made a motion to approve the consent calendar.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0, with Council member Bonta abstaining from consent calendar item #2 and Mayor Nagy abstaining from consent calendar items #1 and #2.
ADMINISTRATIVE AGENDA
11. Consider Request from Gustine Historical Society for Mural Installation on the Goman Center and Authorize City Manager to Issue Encroachment Permit with Fees Waived
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve proposed artwork, authorize City Manager to issue Encroachment Permit with associated Conditions of Approval, and approve request to waive encroachment permit fees
City Manager Than presented the staff report.
Mary Ann Bloom, Gustine Historical Society, introduced artist Alexandria Riddle.
Ms. Bloom provided an overview of the presented artwork.
There was no public comment.
Council member Marsigli inquired what goes into the blank square on the proposed artwork, to which Ms. Bloom advised it will be used as a credit board to acknowledge the artists and Gustine Historical Board.
City Manager Than advised of a QR code positioned on the mural that will provide a link for community members to access the history behind the mural.
Council member Marsigli inquired on additional coatings to help protect against graffiti, to which Ms. Riddle advised of a permanent coat and a sacrificial coat that will go onto the mural and if tagged can be dissolved.
Council member Bonta inquired the life of the mural, to which Ms. Riddle advised of her past artwork that remains to have lasted for more than twenty years.
Council member Bonta inquired whether dates will be included on the mural, to which Ms. Bloom advised there will not be timeframes listed.
Council member Marsigli made the motion to approve proposed artwork, authorize City Manager to issue encroachment permit with associated Conditions of Approval and approve request to waive encroachment permit fees with the amendment to the artist waiver in regards to City of Gustine and County of Merced.
The motion was seconded by Council member Bonta and carried 5-0.
12. DISCUSSION AND DIRECTION: Potential Dispositions of City Real Property
1. Receive Staff Report
2. Receive public comment
3. Hold discussion and provide direction
City Attorney Siprelle presented the staff report.
Craig Christenson, 657 West Avenue, inquired the lot location of the Grove Ave site, to which Economic & Community Development Director Westervelt advised it is behind Truck Nation.
Council member Bonta inquired if the land was leased would the parties be open to a 15-year lease and could the lease be renewed under the law, to which City Attorney Siprelle advised leases less than 15-years time do not have to get a determination from HCD. She further recommended not to renew, but instead receive HCD’s exempt determination.
Council member Bonta inquired what the parties’ plans are for the properties, to which Economic & Community Development Director Westervelt advised of the requestor intentions.
Mayor Nagy inquired if the City sold property outside of the City limits would this process still apply, to which City Attorney Siprelle affirmed.
Mayor Nagy inquired whether the well at the property on Grove and South would have to be removed prior or be a part of negotiations, to which City Attorney Siprelle advised it would be a part of the negotiations process.
Council member Marsigli inquired whether a lease to own has been done under the Surplus Lands Act, to which City Attorney Siprelle advised she did not know.
Council member Marsigli inquired on the lot located at the westside of Highway 33, to which Economic & Community Development Director Westervelt advised the City would have to go through this same Surplus Lands Act process prior to negotiating price.
City Attorney Siprelle advised an appraisal is not required for the properties and further advised having a professional real estate agent present their opinion on sales price.
Mayor Pro Tem Ford recommended including the lot on North Avenue in the process.
Council directed staff to bring the item back to Council to adopt a formal resolution declaring properties to be exempt.
13. Consider Resolution Authorizing City Manager to Enter into Agreement with Rincon Consultants, Inc. for Tasks Related to the City’s Housing Element Update
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.
Council member Marsigli inquired whether the $65K is guaranteed, to which Economic & Community Development Director Westervelt advised the City has the $65K already and has applied to HCD to change the scope but have not received a response from HCD.
Council member Marsigli voiced her concerns with the scope of work, to which Matt Maddox, Rincon Consultants, Inc., Principal, advised the rezoning piece of the Sixth Cycle Housing Element was not included because the MCAG contract only included CEQA for the Housing Element portion. He further advised the rezoning piece of the Housing Element was also not included because at the time the contract was drafted and scoped rezoning was undetermined from each of the cities in the County. Lastly, he advised since the site inventory process has been finalized, Rincon Consultants, Inc. can accurately document the CEQA portions.
There was further discussion in regards to all 16 sites being included in the CEQA analysis.
Council member Marsigli inquired if the site inventory list could be finalized now then Rincon Consultants Inc. could start on it prior to it going to HCD, to which Mr. Maddox affirmed and advised the goal of the contract is to work on the initial task immediately in September.
Council member Marsigli inquired why there would be issues if the sites were removed and not included now, to which Mr. Maddox advised if the City removes the three sites now and the City decides to add them later, those sites would need to go through the CEQA analysis.
Mayor Nagy inquired the cost difference if the site inventory list went from 16 sites to 10 sites, to which Mr. Maddox advised there will not be a substantial cost savings, around 5-10% reduction of overall costs.
Mayor Nagy inquired if City of Gustine is the smallest that Rincon Consultants Inc. has worked with, to which Mr. Maddox answered no and advised of clients that are equal or slightly more in population as Gustine.
Mayor Nagy inquired on the California Department of Fish and Wildlife fee, to which Matt Maddox advised they will likely avoid that fee. He stated Rincon Consultants Inc. will be doing an addendum to the General Plan EIR which means the fee was paid when the General Plan EIR was done years ago which will result in no fee owed.
Council member Giles inquired on the Public Hearing attendance fees, to which Economic & Community Development Director Westervelt advised that fee is for Planning Commission and City Council meetings.
Council member Giles inquired whether the company will attend in-person or virtually for those meetings, to which Economic & Community Development Director Westervelt advised it will depend on the meeting.
Council member Bonta inquired if small cities become exempt what will become of the contract, to which City Manager Than advised the contract is an estimated cost with a not to exceed task.
Council member Marsigli inquired whether the City has funding in the budget set aside for contractors, to which City Manager Than advised the City did not include all of it in the budget because there were changes in process during budget formation.
Council member Bonta made a motion to approve resolution authorizing City Manager to enter into agreement with Rincon Consultants, Inc. for tasks related to the City’s Housing Element Update.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
14. DICUSSION AND DIRECTION: City Street Naming Policy and Southeast Gustine Master Plan Area Street Assignments
1. Receive Staff Report
2. Receive public comment
3. Hold discussion and provide direction
Economic & Community Development Director Westervelt presented the staff report.
There was no public comment.
Mayor Nagy inquired whether a name has been chosen for the Subdivision itself, to which City Manager Than answered no and advised a change of ownership may occur.
Mayor Pro Tem Ford inquired the timeframe to name the streets in the Subdivision, to which City Manager Than advised the City would like to get this completed now because the City is working with the Post Office on the addresses.
Mayor Pro Tem Ford inquired whether the developers have ideas on the street names, to which City Manager Than advised they will bring ideas if Council wishes.
Council member Marsigli recommended names of local historic events, ag-related, dairy breeds or historical significance.
Council directed staff to use street names with local/historical significance and agriculture as options for use in the Southeast Gustine Master Plan developments.
Council directed staff once the developer comes up with final street names they are brought to Council for approval.
15. Consider Resolution Authorizing Regional Surface Transportation Program Claim
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
City Manager Than presented the staff report.
There was no public comment.
Council member Marsigli inquired the length of the North Avenue project, to which Danny Reed advised it will span from West to Linden.
Council member Marsigli made a motion to approve the resolution authorizing Regional Surface Transportation Program Claim.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
CITY DEPARTMENT REPORTS
Acting Police Chief Joseph advised he will contact Ms. Graham in regards to her mention of overgrown weeds. He reported on illegal firework citations. He advised the department is working on hiring and training of officers. He also advised the department is in preparation for the Festa.
Mayor Pro Tem Ford commented on the area in need of weed abatement, to which Acting Police Chief Joseph advised Community Services Officer Gallardo has issued several citations throughout town.
Mayor Pro Tem Ford suggested including a code enforcement story in the City Snippets Newsletter.
Mayor Nagy suggested the City attach the citation to the property taxes, to which City Manager Than advised the City would have to work with the City Attorney to revise City code.
Mayor Nagy also suggested increasing citation fees.
Council member Giles inquired if the firework citations are being enforced, to which Mr.
Joseph advised Administrative Services Director Correa and Finance Director Morrison are handling those citations.
Council member Marsigli inquired on the new law in regards to expired registration, to which Mr. Joseph advised the registration has to be 2-3 months expired before citing drivers.
Mayor Pro Tem Ford inquired clarification on a complete stop, to which Acting Police Chief Joseph advised once the wheels of the rims stop behind the limit line it is considered a complete stop.
Mayor Pro Tem Ford inquired when insurance is considered expired, to which Acting Police Chief Joseph advised it has to be current as of the date of the stop.
Council member Giles inquired on the speed limit signs heading out and in on SR-140, to which Acting Police Chief Joseph advised he is not sure and further advised he will look into.
Fire Chief Borrelli advised a new radio was installed in Engine 306 and will be installed soon in the other engine and in the department truck. He informed Council the department washed down the GPS hall on July 2nd as a thank you for allowing the department to host their annual fundraiser breakfast there. He updated on the recent Tractor Pull event and the 4th of July Parade and Firework show. Chief Borrelli reported there was no reported property damage in town on 4th of July and updated on fires throughout the state. Lastly, he updated on the department’s Annual Pancake Breakfast and advised they served around 500.
Finance Director Morrison advised she had nothing to report.
Public Works Director Ingram advised of the relocation work on the fire hydrants along South Avenue on the south side of the road. He expressed excitement for the open recruitment for the Part-Time Maintenance Worker position.
Mayor Pro Tem Ford inquired if the fire hydrant was pulled on Sycamore, to which Public Works Director Ingram advised it will be removed tomorrow.
Economic & Development Director Westervelt advised she had nothing to report.
Administrative Services Director Correa advised the Council member candidate filing period is open through August 9th. She updated Council on open recruitments for PartTime Maintenance Worker, Full-Time Accounting Technician and advised Police Officer interviews will be held Monday. She advised the City will be hosting the City/County Dinner in January 2025 and is seeking speaker suggestions.
CITY ATTORNEY REPORT
City Attorney Siprelle suggested asking the Historical Society on their recommendations for street names.
CITY MANAGER REPORT
City Manager Than expressed disappointment in the disrespect of the GHS football field at the 4th of July Firework event and advised of future requirements to continue this community event. He advised the contract for two new Police vehicles has been executed and further advised the vehicles are expected within a few weeks. He informed Council the North Avenue Sidewalk Infill project award will be brought to Council at the next meeting.
CITY COUNCIL REPORTS
Council member Giles advised that he had nothing to report.
Council member Marsigli inquired follow up on a previous question related to whether Tobacco Grant funds being used toward technical services, to which City Manager Than advised he has reached out to Capital Advocacy Partners and the Police Department and will follow up.
Council member Marsigli inquired on the status of the pole on the Westside Welding’s property, to which City Manager Than advised Gouveia Engineering’s Inspector has met with the property owner in regards to this and further advised that pole is being moved so it will not be in conflict with the project any longer.
Council member Marsigli inquired if the City would be able to rezone a site that was in the Housing Element back to commercial, to which City Manager Than advised he does not have an update for that question.
Economic & Community Development Director Westervelt advised she would reach out to Rincon Consultants for a formal answer in writing but stated if the City wanted to use it in a different use it would have to be replaced in the site inventory with a different site.
Council member Marsigli requested garbage receptacles be strapped to the dog bag dispensers at Harry Schmidt Park.
Council member Bonta informed Council of the Lions Club Rib-O-Rama event on August 3rd and advised tickets are still available.
Mayor Pro Tem Ford inquired on the smell of sewer from the drains by L&E Café, to which Public Works Director Ingram advised there will be further investigation into the issue.
Mayor Nagy reminded everyone of the Festa this weekend. He updated on his trip to the City’s sister city, Angra do Heroismo, and his attendance at the Fire Department Pancake Breakfast, 4th of July activities and Linguica Run. He advised of a fence on East Avenue where the sidewalk is being installed will have to be removed because it is too close to the street from the sidewalk.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:42 P.M. in memory of Leonard Holmquist and Charlie Beffa.