MINUTES OF
REGULAR MEETING
November 5, 2024
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:31 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, Finance Director Jenny Morrison, Economic & Community Development Director Jami Westervelt, Recreation Manager Tiffany Vitorino, Fire Chief Pat Borrelli, Acting Police Chief Francisco Martinez, Public Works Director Gary Ingram, and Administrative Services Director Melanie Correa
Council member Bonta was absent.
APPROVAL OF AGENDA
Council member Marsigli made a motion to approve the agenda.
The motion was seconded by Mayor Pro Tem Ford and carried 4-0, with Council member Bonta absent.
DECLARATIONS OF CONFLICT OF INTEREST
Mayor Nagy advised of his abstention from the October 15, 2024 minutes.
Council member Marsigli advised of her abstention from the October 23, 2024 minutes.
PRESENTATIONS
PUBLIC COMMENT
There was no public comment.
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 October 15, 2024 Regular Meeting
Recommendation: Review and approve
2. Minutes of the October 23, 2024 Special Meeting
Recommendation: Review and approve
3. Warrants
Recommendation: Review and ratify
4. Approve Adoption and Waive Second Reading of an Ordinance Adding Article 4 to Chapter 2 of Title 3 of the Gustine Municipal Code Prohibiting Encampments on Public and Private Property
Recommendation: Approve adoption and waive second reading Mayor Nagy introduced the consent calendar.
There was no public comment.
Mayor Pro Tem Ford 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, Mayor Nagy abstaining from consent calendar item #1 and Council member Marsigli abstaining from consent calendar item #2.
ADMINISTRATIVE AGENDA
5. PUBLIC HEARING: Landowner Election for City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services)
1. Receive Staff Report
2. Open the Public Hearing
3. Receive the public comment
4. Close the Public Hearing
5. Consider a motion to approve a resolution establishing City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), and the boundaries thereof
6. Consider a motion to approve a resolution calling a Special Election and submitting to the voters City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services), propositions regarding the annual levy of special taxes within the Community Facilities District to pay the costs of certain public services, and establishing an appropriations limit therefor
7. Conduct Landowner Election
8. Consider a motion to approve a resolution declaring the results of the Special Election within City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services)
9. Consider a motion to introduce and waive the first reading of an ordinance authorizing the levy of Special Taxes in Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services) Rich Wall, Associate, Best Best & Krieger, presented the staff report.
Mayor Nagy opened the public hearing at 6:36 P.M.
Craig Christenson, 657 West Avenue, inquired whether this is for the entire City, to which Mayor Nagy advised it is only for the Southeast Gustine annexation area currently.
Administrative Services Director Correa advised there are no written protests have been received.
Administrative Services Director Correa advised per the County of Merced Registrar Voters office, there are no registered voters within this territory.
Administrative Services Director Correa advised all owners of the taxable property in the Community Facilities District 2024-1 consented to holding the Special Election on November 5, 2024 immediately following the Public Hearing.
Administrative Services Director Correa concurred the Special Election may be held on November 5, 2024 immediately following the Public Hearing.
The public hearing was closed at 6:39 P.M.
Mr. Wall provided additional clarification on the calculation and methods of the proposed CFD.
Mayor Pro Tem Ford made a motion to approve resolution establishing City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services), and the boundaries thereof.
The motion was seconded by Council member Marsigli and carried 4-0, with Council member Bonta absent.
Council member Giles made a motion to approve resolution calling a Special Election and submitting to the Voters City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services), propositions regarding the annual levy of special taxes within the Community Facilities District to pay the costs of certain public services, and establishing an appropriations limit therefor.
The motion was seconded by Mayor Pro Tem Ford and carried 4-0, with Council member Bonta absent.
Council member Marsigli made a motion to approve resolution declaring the results of the Special Election within City of Gustine Community Facilities District 2024-1 (Public Safety and Storm Water and Parks Maintenance Services).
The motion was seconded by Council member Giles and carried 4-0, with Council member Bonta absent.
Council member Giles made a motion to introduce and waive the first reading of an ordinance authorizing the levy of Special Taxes in Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services).
The motion was seconded by Council member Marsigli and carried 4-0, with Council member Bonta absent.
6. PUBLIC HEARING: Consider Resolution Authorizing the Annexation of Territory in the Future to Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services)
1. Open the Public Hearing
2. Receive staff report
3. Receive the public comment
4. Close the Public Hearing
5. Consider a motion to approve a resolution acting as the legislative body of City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services), authorizing the annexation of territory in the future to such Community Facilities District
Mayor Nagy opened the public hearing at 6:53 P.M.
Mr. Wall presented the staff report.
Administrative Services Director Correa advised there are no written protests received.
The public hearing was closed at 6:57 P.M.
Mayor Pro Tem Ford made a motion to approve resolution acting as the legislative body of City of Gustine Community Facilities District No. 2024-1 (Public Safety and Storm Water and Parks Maintenance Services), authorizing the annexation of territory in the future to such Community Facilities District.
The motion was seconded by Council member Marsigli and carried 4-0, with Council member Bonta absent.
7. Consider Resolutions Authorizing City Manager to Sign Agreements with San Joaquin River Exchange Contractors Water Authority for Grant Awards
1. Receive staff report
2. Receive public comment
3. Consider a motion to approve a resolution authorizing City Manager to sign agreement with San Joaquin River Exchange Contractors Water Authority for an award of $95,000 for conversion of a retention basin into a recharge basin, accepting the award, agreeing to terms, and authorizing FY 2024/2025 budget appropriation in the water fund
Economic & Community Development Director Westervelt presented the staff report.
There was no public comment.
Council member Marsigli inquired water fund balance, to which City Manager Than advised the balance is $1.5M.
Council member Giles inquired whether Mosquito Abatement will be covered, in the basin project, to which City Manager Than advised Mosquito Abatement is handled by Merced County Mosquito Abatement who will be contacted for service should mosquitoes become an issue.
Council member Giles inquired whether the City will retain ownership of the basin property, to which City Manager Than affirmed.
Council member Giles inquired on maintenance and cleanup of the property, to which City Manager Than advised it would remain the City’s responsibility.
Mayor Pro Tem Ford inquired whether this will provide credit for the City’s SGMA Recharge, to which City Manager Than affirmed.
Council member Giles made a motion to approve resolution authorizing City Manager to sign agreement with San Joaquin River Exchange Contractors Water Authority for an award of $95,000 for conversion of a retention basin into a recharge basin, accepting the award, agreeing to terms, and authorizing FY 2024/2025 budget appropriation in the water fund.
The motion was seconded by Mayor Pro Tem Ford and carried 4-0, with Council member Bonta absent.
Council member Giles made a motion to approve resolution authorizing City Manager to sign agreement with San Joaquin River Exchange Contractors Water Authority for an award of $30,000 for pond aeration, accepting the award, agreeing to terms.
The motion was seconded by Mayor Pro Tem Ford and carried 4-0, with Council member Bonta absent.
8. Consider Resolutions Authorizing City Manager to Enter into Professional Services Agreement with Gouveia Engineering, Inc. for On-Call Engineering Services for Federally and State Funded Projects
1. Receive staff report
2. Receive public comment
3. Consider a motion to approve the resolution
City Manager Than presented the staff report.
There was no public comment.
Council member Marsigli made a motion to approve the resolution authorizing City Manager to enter into Professional Services Agreement with Gouveia Engineering, Inc. for On-Call Engineering Services for Federally and State funded projects.
The motion was seconded by Mayor Pro Tem Ford and carried 4-0, with Council member Bonta absent.
CITY DEPARTMENT REPORTS
Acting Police Chief Martinez updated on the smooth transition with the Railroad Ave Pavement project and advised of the success of Trunk or Treat.
Fire Chief Borrelli advised he had nothing to report.
Recreation Manager Vitorino updated on the success of the Trunk or Treat event. She reminded everyone of the upcoming Color Run event on Saturday.
Finance Director Morrison reported on the recent LAIF transfer.
Public Works Director Ingram reported on his attendance at the County Supervisor’s meeting, where they considered and approved the Carnation Road repavement project. He informed Council of the upcoming Rural Water training at the Goman Center on November 12th and 13th. He advised of free compost available to the public.
Economic & Community Development Director Westervelt updated on the status of the property sales. She further advised of utility issues discovered on two of three properties causing a hold on the sales. She informed Council the City is accepting letters of interest for the parcel located by Schmidt Park. She advised the award of REAP 2.0 funding and stated an item will come to Council at their next meeting. She reminded everyone of an upcoming Joint Special Meeting Workshop on December 11th.
Council member Marsigli inquired why a for sale sign has not been installed at the parcel located by Schmidt Park, to which City Manager Than advised per Council the City’s intention was to keep the costs down. Council member Marsigli advised of her opinion that a for sale sign should be posted.
Administrative Services Director Correa reminded Council of the upcoming mandatory training on November 14th at the Goman Center. She informed Council the Gustine High School football team has made it to playoffs and have secured a home game Friday night.
CITY ATTORNEY REPORT
City Attorney Siprelle congratulated the City on forming the Community Facilities District.
Council member Marsigli requested a summarization of the new ADU bills, to which City Manager Than advised a separate update is forthcoming.
CITY MANAGER REPORT
City Manager Than thanked residents for patience with the Roundabout project. He advised of the partial street reopening of the roundabout.
CITY COUNCIL REPORTS
Council member Marsigli advised of her attendance at Our Lady of Miracles Celebration Thank You dinner. She reminded everyone of the Chamber of Commerce informational meeting tomorrow regarding SB 1126 and the Mural dedication on November 17.
Council member Giles commended the City on keeping the construction moving forward.
Mayor Pro Tem Ford expressed disappointment in not having any trick or treaters on Halloween. He thanked City Manager Than for moving forward with the subdivision development and for establishing the Community Facilities District.
Mayor Nagy expressed appreciation for staff’s work on the Community Facilities District.
He advised of the upcoming high school football playoff game and asked for the community’s support in attending. He reminded everyone of the upcoming Color Run event, Mural dedication and Veteran’s Day parade. He informed everyone of Council member Bonta’s injury and sent best wishes his way. He gave kudos to Public Works for all their work.
ADJOURNMENT
Mayor Nagy adjourned the meeting in memory of Jim Vierra at 7:29 P.M.