MINUTES OF
REGULAR MEETING
December 3, 2024
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 8:25 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, Finance Director Jenny Morrison, Economic & Community Development Director Jami Westervelt, Recreation Manager Tiffany Vitorino, City Attorney Ann Siprelle, Police Chief Ruben Chavez, Fire Chief Pat Borrelli, Public Works Director Gary Ingram, 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
Council members Bonta and Giles advised of their abstentions from the November 19, 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 November 19, 2024 Regular Meeting
Recommendation: Review and approve
2. Warrants
Recommendation: Review and ratify
3. Approve Resolution Continuing Adoption of Military Equipment Use Policy Recommendation: Review and approve
4. Approve Resolution Implementing Timely Use of Federal and State Funding Under the Federal Transportation Act for CMAQ Projects
Recommendation: Review and approve
5. Approve Resolution Authorizing Purchase Order for Purchase of Animal Control Vehicle and Authorizing City Manager to Acquire Vehicle Recommendation: Review and approve
6. Approve Resolution Authorizing Purchase Order for Purchase of a Tow-Behind Sewer Jet and Authorizing City Manager to Acquire Equipment Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.
There was no public comment.
Mayor Pro Tem Ford inquired the number of necessary votes to approve warrants, to which City Attorney Siprelle advised at least three Council members are required to approve payments.
Mayor Pro Tem Ford advised of Mayor Nagy’s abstention for a warrant listed on the November 19, 2024 warrant list in his name.
Mayor Pro Tem Ford made a motion to add the Patrick Nagy warrant from the November 19, 2024 warrant list to the warrant list up for consideration this evening.
The motion was seconded by Council member Bonta and carried 4-0, with Mayor Nagy abstaining.
Council member Marsigli inquired on the warrant to Best, Best & Krieger relating to CSPA, to which City Manager Than advised the case is ongoing. Mr. Than further stated the California Sports Fisherman Association is suing the entire subbasin.
Council member Marsigli advised information in the staff report for consent calendar item #3 related to 40mm/37mm projectile launchers is not accurate, and asked for it to be removed. City Manager Than advised the information was left in inadvertently and confirmed the policy and resolution is accurate.
Mayor Nagy inquired whether the animal control vehicle would be fully equipped, to which City Manager Than confirmed.
It was discussed that the City will need to apply decals to the vehicle as well.
Mayor Pro Tem Ford made a motion to approve the consent calendar.
The motion was seconded by Council member Marsigli and carried 5-0.
ADMINISTRATIVE AGENDA
7. Consider Resolution Approving Purchase of Skid Steer Equipment with Local Assistance Grant Funds from CalRecycle and Increasing Appropriations Limit in FY 24/25 Budget by $75,000
1. Receive staff report
2. Receive Public Comment
3. Consider a motion to approve the resolution
Economic & Community Development Director Westervelt presented the staff report.
Mayor Nagy inquired additional clarification on the budgeted and remaining funds amounts, to which City Manager Than provided the funding breakdown.
Mayor Nagy inquired the amount of mulch the City is receiving this year, to which Economic & Community Development Director Westervelt advised it is 156 tons of mulch.
Mayor Nagy inquired the lifting capacities of each skid steer, to which Public Works Director Ingram and City Manager Than provided information on the specifics of the equipment.
Council member Giles inquired whether all estimates were comparable horsepower, to which Public Works Director Ingram affirmed.
Mayor Nagy inquired whether each item meets the department’s needs, to which Public Works Director Ingram affirmed.
There was no public comment.
Council member Marsigli made a motion to approve the resolution approving purchase of skid steer equipment with local assistance of grant funds from CalRecycle and increasing appropriations limit in FY 24/25 budget by $82,141.30.
The motion was seconded by Council member Giles and carried 5-0.
8. DISCUSSION & DIRECTION: Community Contribution Payment Expenditures
1. Receive staff report
2. Receive the public comment
3. Hold discussion and provide staff with direction
Recreation Manager Vitorino presented the staff report.
There was no public comment.
Council member Marsigli inquired the balance, to which Recreation Manager Vitorino advised the balance available for expenditure is $28,043.73.
City Manager Than advised of the $7K deficit in the fireworks fund and reminded Council those funds will have to subsidized by this funding or elsewhere.
Council member Bonta inquired UUT balance, to which City Manager Than advised $600K.
Council member Marsigli questioned the decrease in firework donations for 2024, to which Recreation Manager Vitorino shared the timing of the two Miss Gustine pageants.
Council member Giles advised of prior discussions to not use the community contribution funding to pay for the capital improvement type projects, to which City Manager Than advised of the funding options being the general fund or the community contribution payments.
Council member Marsigli inquired the differences in estimates, to which City Manager Than advised the Council can move forward with any estimate they choose.
Public Works Director Ingram provided his opinion in also including the installation of sheeting, which is not covered in the estimates.
Mayor Nagy requested more detail in the estimates for the gazebo roof. He reiterated that the gazebo roof should remain a priority.
Council directed staff to bring back formal expenditures with mid-year budget and Council priorities being firework deficit coverage, purchase proposed Peterson tables with use of additional funds from UUT, and to bring back more detailed gazebo roofing estimates.
9. Consider Resolution Adopting Users Utility Tax Expenditure Policy
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.
Mayor Nagy requested to remove the second sentence in item #3 in the policy.
There was no public comment.
Council member Bonta made a motion to approve resolution adopting Users Utility Tax Expenditure Policy with the removal of “exception” on item #3 in the policy.
The motion was seconded by Council member Giles and carried 5-0.
CITY DEPARTMENT REPORTS
Police Chief Chavez commended Sergeant Martinez and Sammy Joseph for taking the role as Interim Chief while he was out. He complimented the Old-Fashioned Downtown Christmas event.
Fire Chief Borrelli informed Council hat a historical building was lost to fire in the City of Merced. He updated on the annual Breakfast with Santa and thanked Mayor Nagy and Council member Marsigli for helping serve and advised they served 750 people.
Public Works Director Ingram updated on the tree trimming contract. He advised the department will begin spraying multiple areas in town with pre-emergent to deter weed growth.
Council member Bonta inquired whether the City has looked into netting the trees, to which Public Works Director Ingram advised he would look into retrieving bids as an egret deterrence option.
Recreation Manager Vitorino advised the Downtown Christmas event is organized by the Chamber of Commerce. She thanked City Manager Than and Mayor Nagy in their participation at the S’mores and Hot Chocolate station.
Police Chief Chavez gave a shout out to the Police Reserves for their help at the event.
Finance Director Morrison advised she had nothing to report.
Economic & Community Development Director Westervelt reminded Council of the upcoming Joint Workshop between Council and Planning Commission on December 11th.
Administrative Assistant Porras provided an update on open recruitments and interviews.
CITY ATTORNEY REPORT
City Attorney Siprelle advised Attorney Associate, Kyler Raden, will be back by end of month from paternity leave.
CITY MANAGER REPORT
City Manager Than apologized for the miscommunication on the workshop timing. He thanked everyone for attending and participating in the City’s strategic plan and encouraged the community to attend the second part of the workshop in the near future.
CITY COUNCIL REPORTS
Council member Giles thanked staff for the birthday wishes.
Council member Marsigli reiterated the Old-Fashioned Downtown Christmas event compliments. She suggested advertising the donation station more in the future, to inform the community that the event relies on community donations. She advised May Day Fair in Los Banos has shut down the dairy and turkey show due to the bird flu outbreak.
Council member Bonta expressed joy to be back.
Mayor Pro Tem Ford advised he had nothing to report.
Mayor Nagy welcomed Council member Bonta back. He inquired on thermal striping of the roundabout, to which City Manager Than advised of his attempts to expedite the project.
Mayor Nagy complimented the Chamber of Commerce on the Old-Fashioned Downtown Christmas event and thanked staff for their work and participation.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 9:34 P.M.