MINUTES OF
REGULAR MEETING
September 3, 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 – 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 and Administrative Assistant Desirae Porras Council member Bonta was absent.
APPROVAL OF AGENDA
Council member Marsigli made a motion to approve the agenda.
The motion was seconded by Council member Giles and carried 4-0, with Council member Bonta absent.
DECLARATIONS OF CONFLICT OF INTEREST
There were no declarations of conflict of interest.
PRESENTATIONS
1. Pacific Gas & Electric Update
Nathan Alonzo, Local Government Affairs
Mayor Nagy advised that due to an emergency Mr. Alonzo was unable to attend.
PUBLIC COMMENT
Pat Rocha, 841 Ash Avenue, on behalf of the Rotary Club, advised of issues they are encountering related to their Monday food distribution program. She asked Council for assistance addressing traffic control, and combative participants. Ms. Rocha advised that questions should be directed to Rotary President Derek Nunes.
Council member Marsigli inquired who supplies the food, to which Ms. Rocha advised the food is supplied by Merced County.
Mary Graham, Fentem Road, expressed concern with the residents taking advantage of the food drive. She expressed interest in volunteering for future food drives.
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 August 20, 2024 Regular Meeting
Recommendation: Review and approve
3. Warrants
Recommendation: Review and ratify
4. Approve Resolution Designating Voting Delegate for 2024 League of California Cities Annual Business Meeting
Recommendation: Review and approve
5. Approve Request for Use of Streets and Services and Fee Waiver for Annual 9/11 Memorial Walk
Recommendation: Review and approve
6. Approve Request to Authorize Mobile Food Vendors for Annual Kid’s Fishing Day Event
Recommendation: Review and authorize
7. Approve Request for Use of Streets and Services and Authorize Mobile Food Vendors for Annual Trunk or Treat Event
Recommendation: Review and approve
8. Approve Request for Fee Waiver and Authorize Mobile Food Vendors for Annual Rotary Flea Market Event
Recommendation: Review and approve
9. Approve Request for Use of Streets and Services and Fee Waiver for Annual Gustine High School Homecoming Parade and Night Rally
Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Marsigli advised of a typographical error in the minutes on page 11.
Council member Marsigli inquired whether the fiscal impact would decrease for consent calendar item #5 if the road opened earlier than 9:30P.M., to which City Manager Than affirmed should the street open up sooner than noted in the staff report.
Council member Marsigli inquired whether staff asked local businesses to participate as opposed to mobile food vendors, to which Recreation Manager Vitorino advised she has reached out to local businesses to participate but received no interest.
Mayor Nagy informed Council while Rotary Club did not request food vendors for their event in their request letter but advised Cindy Jamero requested food vendors verbally.
Mayor Nagy recused himself from the warrant for his League of CA Cities Annual Conference per diem.
Council member Giles made a motion to approve the consent calendar.
The motion was seconded by Council member Marsigli and carried 4-0, with Council member Bonta absent and Mayor Nagy abstaining from the warrant in his name.
ADMINISTRATIVE AGENDA
10. Consider Resolution Declaring Real Property Exempt Surplus Land and Direct Staff in Method of Determining Fair Value
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve the resolution(s) declaring exemption for:
a. APN 020-081-002
b. APN 020-260-013
c. APN 020-101-004
4. Provide direction to staff on method to determine fair value Economic & Community Development Director Westervelt presented the staff report.
There was no public comment.
Council member Marsigli inquired the difference between a formal appraisal and comparative sales, to which Economic & Community Development Director Westervelt advised the comparative sales approach would consist of hiring a real estate professional.
There was discussion in regards to the methods in determining fair value, and viability of future uses for the sites.
Council member Giles inquired whether Council has to use the same method for all three APN’s, to which City Attorney Siprelle advised if the differing methods is determined by reasonable basis, a different fair value determining method could be used for the residential-zoned property.
City Manager Than advised of the recommendation for Council to continue the process by approving the resolutions declaring the properties as surplus to commence HCD’s review period, and then take a look into the costs for a real estate agent to assist with fair value.
Anise Abdulla, 602 Jensen Road, advised of his interest in APN 020-260-013. He provided his opinion on the methods to determine the fair value of the APN and advised he would assume the cost to retrieve an appraisal on that specific APN.
Council provided their consensus on hiring an outside appraiser due to the complications that come with hiring a local appraisal.
City Manager Than advised of the importance to open the sale of the properties to the public as fair process.
Mr. Abdulla expressed frustration with the City opening the sale to the public.
Economic & Community Development Director Westervelt informed Council the City Planner has confirmed all locations are developable.
Council member Marsigli made a motion to approve all three resolutions declaring real property exempt surplus land.
The motion was seconded by Mayor Pro Tem Ford and carried 4-0, with Council member Bonta absent.
11. Consider Resolution Awarding Contract to Cook’s Communications for Police Vehicle Outfitting and Authorizing City Manager to Execute Documents
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
Acting Police Chief Joseph presented the staff report.
City Manager Than advised the increased demand for police vehicles has bumped outfitting to 16-20 weeks out.
There was no public comment.
Mayor Pro Tem Ford inquired whether the vehicles can be used as unmarked vehicles, to which City Manager Than advised they must be outfitted first.
Mayor Nagy inquired who outfitted the last two vehicles, to which Acting Police Chief Joseph advised there were outfitted by NextGen Alpha Upfitting.
Mayor Nagy inquired the graphics estimate and if they will match the last two vehicles, to which City Manager Than advised the estimate received was for $2,100 per vehicle and affirmed they will match the existing Ford Explorers.
Council member Giles made a motion to approve resolution awarding contract to Cook’s Communications for police vehicle outfitting and authorizing City Manager to execute documents.
The motion was seconded by Council member Marsigli and carried 4-0, with Council member Bonta absent.
12. Consider Resolution Authorizing Purchase Order with Environmental Equipment Engineering, Inc. for Wastwater Treatment Plant Aerators and Authorizing City Manager to Execute Documents
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 inquired where the aerators ship from, to which Public Works Director Ingram advised Virginia.
City Manager Nirorn informed Council of the estimate of $59K for two aerators at a supplier in Merced.
There was discussion related to the source of the product components, to which Public Works Director Ingram advised the recommended product is made in the U.S., Mr.
Ingram further attested towards his research on the proposed product.
There was discussion on the design flaw in the aqua jet models.
Council member Giles inquired whether a remedial solution exists, to which Public Works Director Ingram advised of the retrofit solution, which is allowing the current aqua jet models to continue operation.
Mayor Pro Tem Ford made a motion to approve the resolution authorizing purchase order with Environmental Equipment Engineering, Inc. for Wastewater Treatment Plant aerators and authorizing City Manager to execute documents.
The motion was seconded by Council member Giles and carried 4-0 with Council member Bonta absent.
13. DICUSSION AND DIRECTION: Anti-Camping Ordinance
1. Receive Staff Report
2. Receive public comment
3. Hold discussion and provide staff with direction on adoption of an anti-camping ordinance
City Attorney Siprelle presented the staff report.
There was no public comment.
City Manager Than provided additional details on the circumstances of the Supreme Court’s decision to allow enforcement of anti-camping ordinances and recent Governor’s order, and how they could affect the City.
Council member Marsigli inquired why the City would need to adopt an ordinance repeating the Supreme Court’s decision, to which City Attorney Siprelle clarified that establishing an anti-camping ordinance would be necessary to enforce within city limits.
Council member Marsigli inquired on including private property in the ordinance, to which City Attorney Siprelle advised that civil code allows for private property owners to request police assistance in removal of unauthorized camping on private property. She further advised including private property within the ordinance would protect the city against unwanted camping on private property within specific zoning districts.
There was further discussion in regards to camping within the city and recreational vehicle storage.
City Manager Than advised that recreational vehicle storage should be addressed separately from this item.
Council directed staff to move forward with drafting an anti-camping ordinance, including private property and storage language in the ordinance.
Council member Giles inquired whether there is a storage fee, to which City Manager Than advised the City would assess the fee and after 30-days delinquency items will be disposed of.
CITY DEPARTMENT REPORTS
Acting Police Chief Joseph advised the department is preparing for OLM Festa.
He also advised the department is continuing truck enforcement details.
Finance Director Morrison advised that she had nothing to report.
Public Works Director Ingram informed Council the new part-time Maintenance Worker started today and is a great fit. He advised the department is also preparing for OLM Festa.
Recreation Manager Vitorino updated on the Aquatic Center Movie Night event last Friday. She advised of the Lifeguard exit interviews and the great feedback that was received. She shared of Miss Gustine’s participation in Newman’s Fall Festival parade.
She advised of upcoming events.
Economic & Community Development Director Westervelt advised of submitted budgets for CalRecycle for SB1383 grants. She further advised the City is trying to use two years of funding to purchase a skid steer for Public Works. She updated on the approval of the site and architectural review item from the Planning Commission. She advised of her meeting with Merced County Economic Development to discuss projects on the west side. She advised of her participation in the County’s Multi-Month community and economic development initiative. She informed Council of submittal of a letter of opposition for AB98 that is now at the Governor’s desk. She shared that staff will submit a letter recommending veto.
Mayor Pro Tem Ford inquired clarification on the buffer zone as proposed, to which City Manager Than advised it is a buffer between warehouses and residential neighborhoods.
There was further discussion in regards to the AB98.
Council member Giles inquired on the funds from FAA to tear down the hangars at the Airport, to which Economic & Community Development Director Westervelt advised the City will be submitting a new ACIP for the funds to rebuild and further advised the City will be responsible for the demolishing.
Administrative Assistant Porras congratulated Officer Trujillo on achieving his 2.5-year service bonus on August 27th.
CITY ATTORNEY REPORT
City Attorney Siprelle advised that she had nothing to report.
CITY MANAGER REPORT
City Manager Than highlighted the efforts from the Gustine Police Department. He advised of increased calls and a shortage of personnel at the department. He acknowledged the leadership from officers for stepping into the School Resource Officer position. He expressed appreciation towards the residents for their patience during the numerous construction projects and detours. He updated on the pre-bid meeting this morning for Railroad Avenue pavement rehabilitation. He advised once the pavement condition index reports are complete the City can work on another 5- year rehabilitation plan. He informed Council of the multi-jurisdictional efforts to keep this weekend’s event safe with the additional of portable cameras in the park.
CITY COUNCIL REPORTS
Council member Marsigli wished for a great turnout for Festa and Rotary Flea Market.
She advised of her attendance at the Thank You dinner last Tuesday. She commented on how fast the mural is coming along. She inquired on the aerators at Schmidt Park, to which Public Works Director Ingram advised he is in communications with a new contractor, DJ Francis Electric. He further advised the department will install the aerators themselves.
City Manager Than advised of the cancellation of the previous contract due to not being quoted at prevailing wage.
Mayor Pro Tem Ford inquired if there will be a float in the pond to keep the water level up, to which Public Works Director Ingram answered no. He further advised the department will have to fill the pond by hand.
Council member Marsigli inquired whether the path will be repaired before the rainy season, to which City Manager Than affirmed and advised the City has already issued a task order to get the project out for bid.
Council member Marsigli reminded everyone of the Annual Animal Licensing and Vaccination Clinic on Thursday.
Council member Giles reiterated Council member Marsigli’s comment on how great the mural is looking. He inquired whether the City is adding lighting to the mural, to which City Manager Than advised there are already two lights on the building but informed Council if they want additional lighting they can bring this item back when discussion opens for Community Grant funding requests.
Mayor Pro Tem Ford advised that he had nothing to report.
Mayor Nagy advised he will be absent at the Festa and 9/11 Memorial Walk due to his trip to Washington D.C. for the Valley Voice delegation. He informed Council of his call to Senator Caballero in regards to AB98 and SB1037. He requested the City assist the Rotary Club with the food drive. He commended City staff and expressed appreciation for all they do.
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 8:44 P.M.