MINUTES OF
REGULAR MEETING
August 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 Pro Tem Ford – Mayor Nagy Staff present: City Manager Soknirorn Than, City Attorney Ann Siprelle, Acting Police Chief Sammy Joseph, Finance Director Jenny Morrison, Public Works Director Gary Ingram, Economic & Community Development Director Jami Westervelt, Recreation Manager Tiffany Vitorino, Engineering Project Manager Danny Reed 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
Mayor Pro Tem Ford advised of his abstention from the Richard A. Ford II warrant.
PRESENTATIONS
1. California Reserve Peace Officers Association Valor Awards Reserve Officer E. Gonzalez
Reserve Officer L. Zelvaggio
Reserve Officer/Community Services Officer J. Gallardo
Acting Police Chief Joseph postponed the presentation to allow the Officers to arrive to the meeting.
After Mid Valley Disposal’s presentation, Acting Police Chief Joseph introduced and provided recognition to Reserve Officers E. Gonzalez, L. Zelvaggio and J. Gallardo who were recently awarded Valor Awards by the California Reserve Peace Officers Association.
2. Mid Valley Disposal Annual Update
Jay Fowler
Billie Hansen, Recycling Programs Manager
Rick Rai
City Manager Than introduced Jay Fowler, Billie Hansen and Rick Rai with Mid-Valley Disposal.
Billie Hansen provided a presentation on the City’s clean-up events and their community involvement.
She recognized Economic & Community Development Director Westervelt and Consultant Jennifer Halpin in their work towards compliance in implementing SB1383.
She further advised Gustine is their only client City that is fully compliant thus far.
Mayor Pro Tem Ford inquired the City’s diversion data, to which Ms. Hansen advised she will work with her data team to provide that answer for Council.
Council member Bonta inquired the battery disposal process, to which Ms. Hansen advised batteries are the leading cause of fires in garbage trucks and further advised of the household hazardous waste programs available to residents to properly dispose of batteries.
City Manager Than advised of the Regional Waste Authority’s efforts to develop battery collection centers in all Merced County cities.
Mr. Fowler advised Mid Valley Disposal will provide diversion data and echoed his sentiment of thanks to City staff.
Mayor Nagy questioned tipping fee increases, to which Mr. Fowler advised of the meeting he and City staff held prior to discuss the rate makeup and adjustment.
3. Comcast Broadband Project Update
Nathan Ahle, Director of Government Affairs – South Valley City Manager Than introduced Nathan Ahle, Director of Government Affairs.
Nathan Ahle provided an update on Comcast’s Broadband project.
Council member Marsigli inquired clarification on the different colors on the map, to which Mr. Ahle advised the colors are distinguished between aerial and underground installation.
Council member Giles inquired if the project will be completed in phases, to which Mr.
Ahle affirmed.
Council member Bonta inquired on the projects accommodation of allowable growth, to which Nathan Ahle affirmed its design will accommodate City growth.
Council member Bonta inquired whether existing vaults will be used, to which Mr. Ahle advised a majority of existing infrastructure will be used.
PUBLIC COMMENT
Craig Christenson, 657 West Avenue, reminded everyone of the upcoming Gustine High School Football game on Friday against Orestimba.
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?
4. Minutes of the July 16, 2024 Regular Meeting
Recommendation: Review and approve
5. Warrants
Recommendation: Review and ratify
6. Treasurer’s Report – July 2024
Recommendation: Review and ratify
7. Approve Request for Use of Streets and Services and Authorize Mobile Food Vendors for Annual Our Lady of Miracles Event
Recommendation: Review and approve
8. INFORMATIONAL: Public Facilities Impact Fee Increase Update Recommendation: Review file
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.
ADMINISTRATIVE AGENDA
9. PUBLIC HEARING: Consider a Resolution Adopting Delta-Mendota Subbasin Groundwater Sustainability Plan
1. Receive Staff Report
2. Open the Public Hearing
3. Receive public comment
4. Close the Public Hearing
5. Consider a motion to approve the resolution adopting Delta-Mendota Subbasin Groundwater Sustainability Plan
Public Works Director Ingram 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 Groundwater Sustainability Plans, and prior attempts to gain the State’s approval.
Council member Bonta inquired whether the City is currently on probation with the State related to this issue, to which Mr. Martin advised the City’s plan is determined as inadequate which provides the City time to remedy the necessary changes.
Mr. Martin provided State’s concerns with how the basin is dealing with water quality impacts.
Mayor Pro Tem Ford inquired whether the City will be liable if other cities within the Groundwater Sustainability Plan are not compliant, to which Mr. Martin provided information of the existence of individual requirements and requirements for all cities as a whole to comply with.
Council member Marsigli inquired the purpose of tightening groundwater requirements, to which Mr. Martin advised one of the big components requiring monitoring are nitrates.
Mayor Nagy opened the public hearing at 7:27 P.M.
There was no public comment.
The public hearing was closed at 7:28 P.M.
Council member Bonta made a motion to approve the resolution adopting DeltaMendota Sub-basin Groundwater Sustainability Plan.
The motion was seconded by Council member Marsigli and carried 5-0.
10. Consider Accepting the City’s Financial Audit for Fiscal Year 2021-2022
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to accept the City’s Financial Audit for FY 2021-2022 Finance Director Morrison presented the staff report and introduced Amy Arend, from O’Connor & Company.
Ms. Arend provided an overview of the Financial Audit for FY 2021-2022.
Council member Bonta inquired on the findings, to which Ms. Arend provided details on the findings on pages 89-90 of the agenda packet and advised of the recommendations made to staff to correct.
Council member Bonta inquired whether the bank accounts will be reconciled, to which Finance Director Morrison advised staff is currently working on April 2023 bank reconciliations and shared her hope to be caught up to date within two weeks.
City Manager Than provided clarification on the processes surrounding credit card payment approvals and advised the City has implemented the requirement of three signatures for approval.
There was no public comment.
Council member Bonta made a motion to accept the City’s Financial Audit for FY 2021- 2022.
The motion was seconded by Council member Giles and carried 5-0.
11. Consider Resolution Adopting Local Goals and Policies for Use with Mello-Roos Community Facilities Act of 1982 and Adopting Development Policy
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
City Manager Than introduced Richard Wall, Associate Attorney, on behalf of Best Best & Krieger.
Mr. Wall presented an overview of the local goals and policies.
There was no public comment.
Mayor Pro Tem Ford made a motion to approve resolution adopting Local Goals and Policies for use with Mello-Roos Community Facilities Act of 1982 and adopting Development Policy.
The motion was seconded by Council member Marsigli and carried 5-0.
12. DICUSSION AND DIRECTION: Consider Chamber of Commerce Donation Request and Development of Community Benefit Grant Program
1. Receive Staff Report
2. Receive public comment
3. Hold discussion and provide direction
a. Consider a motion to approve a resolution authorizing donation to Chamber of Commerce
b. Direct staff to develop Community Benefit Grant Program City Manager Than presented the staff report.
There was no public comment.
Mayor Pro Tem Ford inquired whether this would cause a budget amendment, to which City Manager Than affirmed.
Council member Bonta inquired whether the UUT was for one-time purchases, to which City Manager Than advised the intent was to not use it for salary and benefits.
Mayor Nagy advised of the upcoming Multi-County Mixer this weekend.
Council member Marsigli inquired whether the City was in charge of the Trunk or Treat, Fly-In and Paint Night events, to which Recreation Manager Vitorino advised the Chamber of Commerce contributes time and money towards those events.
Council member Marsigli inquired why the Chamber’s current P&L statement is missing the Boots and Skirts event, to which she was informed the event has not yet occurred.
Council member Marsigli inquired whether the Chamber’s anticipated revenue will be the same as last year, to which Judi Gandy, Director, Chamber of Commerce, advised it is likely to be the same.
Council member Marsigli expressed concern with other potential requests and setting precedent, to which City Manager Than advised of the importance in establishing clear criteria through a grant program.
Mayor Nagy inquired the grant amount, to which City Manager Than advised he can take a look in the funding component and provide information.
Mayor Nagy expressed his concern with establishing a grant program and the City being inundated with requests.
Mayor Nagy suggested authorizing the donation this year and directing staff to develop the grant program for future.
Council member Marsigli inquired on the UUT balance, to which City Manager Than advised the UUT currently has an expenditure amount of $324k with an anticipated revenue amount of $330K.
Council member Bonta made a motion to approve the resolution authorizing donation to Chamber of Commerce.
The motion was seconded by Council member Giles and carried 5-0.
Council directed staff to develop Community Benefit Grant Program for FY 26.
13. Consider Resolution Accepting Bid and Awarding Contract to R.F. General Engineering Inc. for Gustine Pedestrian Improvements on North Avenue and Authorizing City Manager to Execute Agreement
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
Project Manager Reed presented the staff report.
There was no public comment.
Mayor Pro Tem Ford expressed concern about driveway slope and installation within the scope, to which Project Manager Reed clarified this project installation will be different than the walking path along Meredith Ave.
Mayor Nagy inquired on the project timeframe, to which Project Manager Reed advised the contract time is 60 working days.
Council member Bonta expressed his concern with any hidden issues, to which Project Manager Reed confirmed they have gone through and connected the two ends of the project. Mr. Reed further advised there are always possibilities that issues may arise with any construction project, and the Engineer’s office has done everything to mitigate the possibility to protect the City.
Council member Giles made a motion to approve resolution accepting bid, awarding contract to R.F. General Engineering Inc. for Gustine Pedestrian Improvements on North Avenue, and authorizing the City Manager to execute agreement.
The motion was seconded by Council member Bonta and carried 4-0, with Council member Marsigli abstaining due to conflict of interest.
14. Consider Resolution Authorizing City Manager to Enter into Agreement with Redstone Construction for Replacement of Three Fire Hydrants along South Ave (SR33/140)
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
Public Works Director Ingram presented the staff report.
There was no public comment.
Council member Marsigli made a motion to approve resolution authorizing City Manager to enter into agreement with Redstone Construction for replacement of three fire hydrants along South Avenue (SR33/140).
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
15. Consider Resolution Approving City’s American Rescue Plan Act (ARPA) Funding Expenditure Plan and Appropriating Additional Expenditures from ARPA Fund
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
City Manager Than presented the staff report.
Council member Marsigli inquired when the appropriations will occur, to which City Manager Than advised once approved staff will go into Tyler and appropriate the funds.
There was no public comment.
Council member Marsigli inquired on the money loaned to the newspaper, to which City Manager Than advised $90k was granted and $60K was loaned to the newspaper.
He further advised the newspaper is requesting an extension.
City Manager Than clarified if the resolution is approved tonight the funding will not increase the approved expenditure budget.
Mayor Pro Tem Ford made a motion to approve a resolution approving City’s American Rescue Plan Act funding Expenditure Plan and appropriating additional expenditures from ARPA fund.
The motion was seconded by Council member Bonta and carried 5-0.
16. Consider Authorizing City Manager to Respond to Merced County Grand Jury Report
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to authorize City Manager to respond as outlined City Manager Than presented the staff report.
There was no public comment.
Council member Giles made a motion to authorize City Manager to respond as outlined.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
CITY DEPARTMENT REPORTS
Acting Police Chief Joseph advised the department is preparing for OLM Festa.
He also advised the department is continuing traffic enforcement detail. He updated on the hiring and training of new officers.
Council member Bonta inquired on explosions occurring throughout the night, to which Acting Police Chief Joseph advised he will research and provide an update to Council.
Recreation Manager Vitorino informed Council the Goman Center mural project is underway. She updated on Movie Night, Back to School Night and the National Night Out event. She informed Council on the success of the Junior Lifeguard Program. She advised night swim has continued since school is back in session but stated lack of patrons may discontinue the availability. She advised of the upcoming Movie Night event at the Aquatics Center planned for August 30th. She informed Council of a Color Run meeting next week.
Economic & Development Director Westervelt advised of plan resubmission for the Katakis Subdivision in response to the City’s comments. She also advised Unwired has submitted a second set of first revisions to the City for their broadband project. She informed Council of the Planning Commission’s approval of three variances for 602 Jensen market expansion and advised the Architectural Site Plan Review is set for the next Planning Commission meeting on August 28th. She updated on the 6th Cycle Housing Element. She informed Council the City has issued 7 Star Smoke Shop a conditional business license.
Council member Bonta inquired the relationship between Unwired and Comcast, to which Economic & Community Development Director Westervelt advised they will both provide broadband and further advised having a market for the service will aid in keeping costs down.
Economic & Community Development Director Westervelt advised almost all of Unwired’s project will be underground and Comcast’s project will be around 50% aerial and 50% underground.
City Manager Than provided additional information on the requirements in regards to certifications in order to use existing poles.
Council member Giles inquired the reasoning Comcast chose to fund their project, to which Economic & Community Development Director Westervelt advised she was unsure. She advised the City offered the funding to both Comcast and Unwired but Comcast did not want to underground the percentage the City was requiring.
Council member Marsigli inquired if Capitol Advocacy could assist with the USDA, to which Economic & Community Development Director Westervelt advised of her conversation with Capitol Advocacy at their last meeting.
Mayor Nagy inquired whether the City has reached out to Congressman Duarte, to which Economic & Community Development Director Westervelt advised she has not reached out but further advised if there was a way to change the way they do business it will take time and would not be in the City’s best interest.
Public Works Director Ingram advised of continued work at the Wastewater Treatment Plant.
Council member Bonta inquired on the street sweeper, to which Public Works Director Ingram advised it is currently being maintenanced.
Council member Marsigli inquired on standing water on 6th Street near North Ave, to which Public Works Director Ingram advised of seepage from Central California Irrigation District servicing their customers through the line in that area. He further advised that when the flow is reduced, the water will rescind.
Council member Marsigli commented on the fallen limbs at Schmidt Park, to which Public Works Director Ingram advised of the departments work in chipping and removal of the limbs in Schmidt Park.
Council member Bonta inquired on the tree stump in the driveway leading to the Peterson Shelter, to which Public Works Director Ingram advised they will begin work on that when the department gets a break from summertime landscape maintenance.
Mayor Nagy inquired on a tree stump on Sycamore, to which Public Works Director Ingram advised it is a City tree and further advised of his work in getting estimates to remove the stumps throughout the City.
Finance Director Morrison advised the City is in process of recouping the funds from the CIT grant. She informed Council the FY 22/23 Audit is underway and staff plans to move along quickly to get the City’s audits up to date by June 2025.
Administrative Services Director Correa advised that she had nothing to report.
CITY ATTORNEY REPORT
City Attorney Siprelle advised that she had nothing to report.
CITY MANAGER REPORT
City Manager Than advised that he had nothing to report.
CITY COUNCIL REPORTS
Council member Marsigli requested the City add garbage bag dispensers in Henry Miller Park, to which Recreation Manager Vitorino advised she is working with Public Works Director Ingram and will provide an update later.
Council member Marsigli suggested staff inquire with Merced County Elections to hold office hours on the west side of the County for candidate papers once or twice a week, to which Administrative Services Director Correa advised she would propose that question to them for the next election season.
Council member Marsigli inquired why the City is reducing the water storage tank by half, to which City Manager Than advised the cost of Loopline project increased significantly since the CDS award was granted.
Council member Marsigli commented on the lengthy process Borrelli’s Market is enduring for their expansion, to which City Manager Than provided details of the process and the various mandated requirements relating to the nature of the project to date.
Council member Bonta advised of the progress being made on the roundabout and suggested working on the plan for the center monument.
Council member Giles advised that he had nothing to report.
Mayor Pro Tem Ford commented on the positive progress of the roundabout.
Mayor Nagy advised of new lower-income level criteria for the 7th Cycle Housing Element. He informed Council of changes to One-Voice trip, including having a Department Head attend with the electeds. He updated Council on the CMAQ updates including street sweeping and paving of alleyways. He advised of his meeting with representatives from the Fagundes property in regards to possible housing, strip mall or low-income apartments. He reminded everyone of the High School football game against Orestimba and the Chamber of Commerce Mixer, both taking place on Friday. He congratulated the Pastime for their 70 years of business. He commented on the roundabout gutter line up, to which City Manager Than advised he will have to look into it and further advised the curbs are supposed to line up.
Mayor Nagy advised of a broken water line at the Chamber Antique sign due to the heavy equipment being used for the roundabout. He inquired whether the City could do an emergency ordinance to raise fees for truck route violators, to which City Manager Than advised he has asked Acting Police Chief Joseph to look into it.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Title: City Manager After returning to open session, Mayor Nagy advised there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 9:32 P.M.