MINUTES OF
REGULAR MEETING
October 1, 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 Attorney Ann Siprelle, Public Works Director Gary Ingram, Finance Director Jenny Morrison, Economic & Community Development Director Jami Westervelt, Recreation Manager Tiffany Vitorino, Fire Chief Pat Borrelli, City Engineer Mario Gouveia, Project Manager Danny Reed, Administrative Services Director Melanie Correa, and Administrative Assistant Desirae Porras
APPROVAL OF AGENDA
Council member Giles made a motion to approve the agenda.
The motion was seconded by Council member Marsigli and carried 5-0.
DECLARATIONS OF CONFLICT OF INTEREST
There were no declarations of conflict of interest.
PRESENTATIONS
PUBLIC COMMENT
Craig Christenson, 657 West Avenue, voiced concerns with the trailers located on private property on East Wallis near Ash Avenue and advised of a potential fire hazard.
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 September 17, 2024 Regular Meeting
Recommendation: Review and approve
2. Warrants
Recommendation: Review and ratify
3. INFORMATIONAL: User and Regulatory Fee Increase Update Recommendation: Review and file
4. Approve Request to Close City Hall Lobby December 26-31, 2024 and Cancel January 7, 2025 Regular Council Meeting
Recommendation: Review and approve
5. Approve Job Descriptions for Utilities Supervisor, Facilities Maintenance Worker and Public Works Account Clerk
Recommendation: Review and approve
6. Approve Resolution Adopting Gustine Employee Salary Schedule Recommendation: Review and approve resolution
7. Approve Resolution Authorizing Execution of Construction Change Order No. 1 to SR-140/33 Roundabout Construction Project for Additional Improvements on South Ave
Recommendation: Review and approve resolution
8. Approve Resolution Authorizing Contract with Central Valley Landscape & Tree for Tree Stump Grinding and Tree Trimming Services and Authorizing City Manager to Execute Contract Documents
Recommendation: Review and approve resolution
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Marsigli inquired on the distribution of workman’s comp policy premium fees in the Recreation and Sewer Fund, to which Administrative Services Director Correa advised the distribution of fees correlates with the employee pay allocations.
Council member Marsigli inquired on consent calendar item #7, in regards to total construction cost budgeted, to which Mayor Pro Tem Ford clarified the difference in the amounts listed.
Council member Marsigli advised of the tree trimming layout that was distributed by Public Works Director Ingram.
Council member Bonta made a motion to approve the consent calendar.
The motion was seconded by Council member Giles and carried 5-0.
ADMINISTRATIVE AGENDA
9. Consider Resolution Authorizing City Manager to Enter into Agreement with Symbium for an Online Solar Permitting System as Required by SB 379
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 Giles inquired whether there are application fees for the grant, to which Economic & Community Development Director Westervelt advised there are no application fees.
Mayor Nagy inquired the number of solar project permits the City issues, to which Economic & Community Development Director Westervelt advised she was unsure of the number but stated it is a common permit issued through the Building department.
Mayor Nagy inquired whether Symbium would assist if the City decided to increase the scope of this agreement to include building permits in the future, to which Economic & Community Development Director Westervelt affirmed.
Council member Giles inquired whether the City will own the software or if there will be annual fees, to which Economic & Community Development Director Westervelt advised the City owns the data, and no additional fees associated with its use while the City utilizes the software.
Council member Bonta inquired whether software updates are included in the agreement, to which Economic & Community Development Director Westervelt advised if additional requirements were mandated, the City would have to negotiate at that time with Council direction.
Council member Bonta inquired on feedback from other entities, to which Economic & Community Development Director Westervelt advised of feedback from the City’s Building official.
Council member Marsigli made a motion to authorize City Manager to enter into agreement with Symbium for an online solar permitting system as requested by SB 379.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
10. Consider Resolution Declaring the City’s Intention to Establish the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services) and Taking Other Related Actions
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
City Attorney Siprelle introduced Rich Wall, Best Best & Krieger.
Mr. Wall presented the staff report.
Council member Marsigli inquired clarification on the second paragraph of section 4 of the resolution, to which Mr. Wall advised the Mello-Roos Act provisions that allow developers to partner with the City to construct and maintain CFD’s for their property but the Act also allows agencies to deny property owners the ability to maintain any improvements for the Community Facilities District.
Council member Marsigli inquired on the priority of administrative expenses over authorized services, to which Andrea Roess, David Tausig & Associates, advised administrative expenses are priority in order to allow the City to cover their administrative expenses of the CFD.
Council member Marsigli inquired whether administrative fees will always take priority over authorized services, to which Ms. Roess advised the idea is to guarantee the City’s costs of administering the Community Facilities District are covered.
Mr. Wall further advised of the importance in making administrative fees priority in order to keep the City from using General Funds for any activities of the Community Facilities District.
Council member Marsigli inquired if future annexations would join at the escalated rate, to which Mr. Wall advised the CPI will increase every year regardless and stated any property that annexes in will also be subject to the same annual escalator. He further advised when a property is annexed their amount of special tax may be smaller or greater depending on the actual improvements being obtained by those properties.
Council member Bonta made a motion approving resolution declaring the City’s intention to establish the City of Gustine Community Facilities District No. 2024-1 (public safety and storm water and parks maintenance services) and taking other related actions.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
11. Consider Resolution Declaring the City’s Intention to Annex Territory in the Future to the City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services) and Taking Other Related Actions
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
Rich Wall, Best Best & Krieger, presented the staff report.
There was no public comment.
Mayor Nagy inquired if a future project across town could it be annexed into the same CFD, to which Mr. Wall affirmed and advised the boundaries do not need to be contiguous and may be spread out throughout the City.
Mayor Pro Tem Ford made a motion to approve resolution declaring the City’s intent to annex territory in the future to the City of Gustine Community Facilities District No. 2024-1 (public safety and storm water and parks maintenance Services) and taking other related actions.
The motion was seconded by Council member Marsigli and carried 5-0.
12. Consider Delegate(s) to Attend 2025 One Voice Trip and Establish Priority Projects
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to appoint delegate(s) and establish priority projects for submission to Merced County Association of Governments
Administrative Services Director Correa presented the staff report.
There was no public comment.
Council member Marsigli inquired on why the pool rehabilitation was on the priority projects list, to which Administrative Services Director Correa advised the project would be to make the Aquatic Center ADA accessible, along with other public facilities.
Mayor Pro Tem Ford inquired on the order of priority projects, to which Economic & Community Development Director Westervelt advised generally the City is asked to narrow down the project list to top three projects.
Council member Bonta advised of the importance of keeping water and sewer infrastructure on the list.
Council member Marsigli inquired on the absence of the Airport on the proposed priority list, to which Economic & Community Development Director Westervelt advised of direction given to the City for the scope of each jurisdiction.
Mayor Nagy advised of adding the Airport to the list and provided potential project ideas for the Airport.
Council member Bonta advised the City needs to reach out to USDA in regards to funding for water and sewer infrastructure prior to the 2025 One Voice Delegation trip.
Public Works Director Ingram advised the State’s contractor reached out yesterday regarding the technical assistance support in identifying lead service lines. He further stated the City should have a list of these lines by the end of October.
Mayor Pro Tem Ford inquired on the status of the City’s sewer and water system mapping, to which Danny Reed, Project Manager, advised it is a complete infrastructure map update. He further advised the work should be finished in the winter.
Council member Marsigli voiced her concerns with attending the delegation after projects have been submitted.
Mayor Nagy nominated himself and City Manager Than to attend the 2025 One Voice Delegation.
Council member Marsigli made a motion to appoint Mayor Nagy and City Manager Than and establish water and sewer infrastructure, police and fire department staffing and equipment needs, and Airport repairs as priority projects.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
13. DISCUSSION & DIRECTION: 2024 Congestion Mitigation Air Quality Call for Projects
1. Receive Staff Report
2. Receive public comment
3. Hold discussion and provide staff with direction
Danny Reed, Project Manager, presented the staff report.
There was no public comment.
Mayor Nagy inquired of the alley between Fifth Avenue and Hwy 33, with the increased traffic due to the detour, to which Mr. Reed advised of the method data was collected, and parameters of location eligibility.
Council member Marsigli inquired criteria for CMAQ funding, to which Mr. Reed advised projects must have cost benefit and show emission reduction.
Council directed staff to submit all three projects as recommended in the staff report.
14. Consider Introduction and Waiver of First Reading of an Ordinance Adding Article 4 to Chapter 2 of Title 3 of the Gustine Municipal Code to Prohibit Encampments on Public and Private Property
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to introduce and waive the first reading of an ordinance adding Article 4 to Chapter 2 of Title 3 of the Gustine Municipal Code to prohibit encampments on public and private property
City Attorney Siprelle presented the item. She further advised of Council member Marsigli’s prior emailed inquiries related to the definitions of private and public property in the ordinance, and the stated number of consecutive nights allowed. She provided updated definitions for the Council’s consideration. City Attorney Siprelle advised that Council’s consensus is required to amend the number of consecutive nights allowed.
Council member Marsigli inquired the meaning of a “reasonable fee”, to which City Attorney Siprelle advised the City Council may adopt a fee for the special permit and stated the fee cannot be more than the reasonable estimated cost in providing the service.
Council member Bonta made a motion to introduce and waive the first reading of an ordinance adding Article 4 to Chapter 2 of Title 3 of the Gustine Municipal Code to prohibit encampments on public and private property as amended with the recommended definitions of private and public property and with the additional language of “three consecutive nights within a calendar month” added .
The motion was seconded by Council member Giles and carried 5-0.
CITY DEPARTMENT REPORTS
Fire Chief Borrelli informed Council the department has received the new selfcontained breathing apparatus units. He advised County was not awarded the SAFER grant. He updated on the departments participation in the OLM Festa Parade, Homecoming Parade, Gustine High Football game and 9/11 Memorial Walk.
Recreation Manager Vitorino updated on the success of Kid’s Fishing Day. She commended Public Works for their work with the new ponds at Schmidt Park. She informed Council she is preparing for Trunk or Treat and advised she is still in need of trunks and sponsors.
Public Works Director Ingram advised the department has repainted stop bars and lettering ahead of the rainy season. He further advised of upcoming tree trimming.
Finance Director Morrison informed Council of the onboarding for the Account Technician and thanked Council for their approval of the position.
Economic & Community Development Director Westervelt advised staff is currently working on the egret depredation permit and is hoping to get on a calendar cycle with renewals. She informed Council the City has received two grants from the San Joaquin River Exchange Contractors Water Authority. One for $30K for the Pond Aeration project and another for $95K to convert the retention basin on Jensen Road into a recharge basin. She advised staff has submitted an invoice to LEAP for $65K to cover the Rincon contract. She further advised the City has not heard anything new in regards to REAP
2.0 funding.
Administrative Assistant Porras advised the ballot box will arrive in City Hall’s lobby on Friday and will remain there until election.
Administrative Services Director Correa reminded Council of the due date for RSVP’s for the City/County Relations Dinner in Merced on October 24th. She advised CSO interviews will take place on Thursday. She further advised staff sends support to City Manager Than and his family.
CITY ATTORNEY REPORT
City Attorney Siprelle advised that she had nothing to report.
CITY MANAGER REPORT
There was no City Manager report.
CITY COUNCIL REPORTS
Council member Giles advised that he had nothing to report.
Council member Marsigli inquired on bank reconciliations, to which Finance Director Morrison advised they are completed up to September 2023.
Council member Marsigli commented on issues with the North Avenue Sidewalk project.
She inquired on the timing of Comcast’s project and voiced concerns with the new sidewalk being torn up after complete, to which Economic & Community Development Director Westervelt advised the majority of Comcast’s project is overhead.
Council member Marsigli informed Council of a fundraiser at the Pastime on Sunday for the Fire Department. She reminded everyone of the Gustine Historical Society Luncheon and advised take-outs are available.
Council member Bonta inquired on the SR-33/140 Roundabout project completion date, to which Administrative Services Director Correa advised the completion date has been pushed to early December, due to delays from PG&E.
Council member Bonta inquired on City Hall offering a drop off for dead batteries, to which Administrative Services Director Correa advised of a grant being applied for by Merced County RWA to implement such drop off boxes at city facilities in all six cities in the County. She further advised the City has submitted for City Hall and Police Department to have deposit locations.
Mayor Pro Tem Ford commented on the deterioration throughout landscapes around town due to gophers.
Public Works Director Ingram advised the department is collecting quotes for abatement at the Airport.
Mayor Nagy advised that he had nothing to report.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 7:47 P.M.