MINUTES OF
REGULAR MEETING
January 21, 2025
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: Melville – Giles – Bonta - 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, Police Chief Ruben Chavez, Fire Chief Pat Borrelli, Public Works Director Gary Ingram, Planning Consultant Kelsey George and Administrative Assistant Desirae Porras
Council member Marsigli was absent.
APPROVAL OF AGENDA
Mayor Pro Tem Ford made a motion to approve the agenda.
The motion was seconded by Council member Melville and carried 4-0, with Council member Marsigli absent.
DECLARATIONS OF CONFLICT OF INTEREST
Mayor Pro Tem ford advised of his abstention from the two listed warrants to Rich A.
Ford II.
Council member Melville advised of his abstention from the December 11, 2024 minutes.
PRESENTATIONS
There were no presentations.
PUBLIC COMMENT
Abby Pendleton, on behalf of Assembly Member Juan Alanis, provided a legislative update on new bills introduced.
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 December 11, 2024 Special Meeting
Recommendation: Review and approve
2. Minutes of the December 17, 2024 Regular Meeting
Recommendation: Review and approve
3. Minutes of the January 7, 2025 Special Meeting
Recommendation: Review and approve
4. Warrants
Recommendation: Review and ratify
5. Treasurer’s Report – December 2024
Recommendation: Review and file
6. Approve Resolution Accepting Pedestrian Improvements on North Avenue, Authorizing the City Clerk to File a Notice of Completion, and Authorizing the City Manager to Make Final Payment to R.F. General Engineering, Inc.
Recommendation: Approve resolution
7. Approve Resolution Accepting Railroad Avenue Pavement Rehabilitation Project, Authorizing the City Clerk to File a Notice of Completion, and Authorizing the City Manager to Make Final Payment to George Reed, Inc.
Recommendation: Review and approve
8. Approve Mayoral Committee Appointments for 2025-2026 Calendar Years Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.
There was no public comment.
City Manager Than clarified that Council member Melville and Mayor Nagy are abstaining from consent calendar item #1.
Due to lack of quorum, consent calendar item #1 will be continued at the next Council meeting.
Mayor Pro Tem Ford made a motion to approve consent calendar items #2-8.
The motion was seconded by Council member Giles and carried 4-0, with Council member Marsigli absent.
ADMINISTRATIVE AGENDA
9. Consider Re-Appointment to Gustine Airport Commission
1. Receive staff report
2. Receive Public Comment
3. Consider a motion to re-appoint Airport Commissioner for a new two-year term Administrative Assistant Porras presented the staff report.
There was no public comment.
Council member Melville made a motion to reappoint Airport Commissioner Dioszegi for a new two-year term.
The motion was seconded by Mayor Pro Tem Ford and carried 4-0, with Council member Marsigli absent.
10. Consider Resolution Accepting and Authorizing Submission of Airport Capital Improvement Plan
1. Receive staff report
2. Receive Public Comment
3. Consider a motion to approve a resolution accepting and authorizing submission of the 2025-2030 Federal Aviation Administration Airport Capital Improvement Plan and the 2025-2033 CA Division of Aeronautics Capital Improvement Plan City Manager Than presented the staff report.
There was no public comment.
Council member Giles made a motion to approve a resolution accepting and authorizing submission of the 2025-2030 Federal Aviation Administration Airport Capital Improvement Plan and the 2025-2033 CA Division of Aeronautics Capital Improvement Plan.
The motion was seconded by Council member Melville and carried 4-0, with Council member Marsigli absent.
Mayor Nagy advised the City qualifies for the Measure V Funding, to which City Manager Than advised he was aware of the qualification.
11. PUBLIC HEARING – Consider Resolution Approving General Plan Amendment (GPA) 2024-01 Adopting the CEQA Addendum, the 2024-2032 Merced County Multi-Jurisdictional Housing Element, and the 2024-2032 Gustine Sixth Cycle Housing Element
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
Economic & Community Development Director Westervelt provided an overview of the community planning work currently taking place in the City of Gustine.
She thanked Rincon Consultants and Planning Consultant Kelsey George for their assistance with the amendments.
Ms. George provided an overview of the General Plan amendments.
Mayor Nagy opened the public hearing at 6:58 P.M.
There was no public comment.
The public hearing was closed at 6:59 P.M.
Mayor Pro Tem Ford made a motion to approve resolution approving General Plan Amendment (GPA) 2024-01 adopting the CEQA Addendum, the 2024-2032 Merced County Multi-Jurisdictional Housing Element, and the 2024-2032 Gustine Sixth Cycle Housing Element as amended.
The motion was seconded by Council member Giles and carried 4-0, with Council member Marsigli absent.
12. PUBLIC HEARING – Consider Resolution Approving General Plan Amendment (GPA) 2024-02 Making Minor Revisions to the General Plan Land Use Map and Land Use Element
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
Planning Consultant George presented the staff report.
Mayor Nagy inquired whether parcel number 021-062-005 is the location where Mr. Dylina would like to develop, to which Ms. George affirmed.
Mayor Nagy opened the public hearing at 7:03 P.M.
There was no public comment.
The public hearing was closed at 7:04 P.M.
Mayor Pro Tem Ford made a motion to approve resolution approving General Plan Amendment (GPA) 2024-02 making minor revisions to the General Plan Land Use Map and Land Use Element.
The motion was seconded by Council member Melville and carried 4-0, with Council member Marsigli absent.
13. PUBLIC HEARING – Consider Introduction and Waiver of First Reading of an Ordinance Approving Rezone (RZ) 2024-01 Amending Official Zoning Map to Change Zoning Designations on Four Sites
1. Receive Staff Report
2. Open the public hearing
3. Close the public hearing
4. Consider a motion to introduce and waive the first reading of an ordinance approving Rezone (RZ) 2024-01 amending official zoning map to change zoning designations on four (4) sites
Planning Consultant George presented the staff report.
Mayor Nagy opened the public hearing at 7:06 P.M.
There was no public comment.
The public hearing was closed at 7:07 P.M.
Council member Giles made a motion to introduce and waive the first reading of an Ordinance approving rezone (RZ) 2024-01 amending official zoning map to change zoning designations on four sites.
The motion was seconded by Mayor Pro Tem Ford and carried 4-0, with Council member Marsigli absent.
14. PUBLIC HEARING – Consider Introduction and Waiver of First Reading of an Ordinance Approving Zoning Ordinance Amendment (ZOA) 2024-01 Amending Chapter 4 Article 9 of the Gustine Zoning Code
1. Receive Staff Report
2. Open the public hearing
3. Close the public hearing
4. Consider a motion to introduce and waive the first reading of an ordinance approving Zoning Ordinance Amendment (ZOA) 2024-01 amending Chapter 4 Article 9 of the Gustine Zoning Code
Planning Consultant George presented the staff report.
Mayor Nagy opened the public hearing at 7:13 P.M.
There was no public comment.
The public hearing was closed at 7:14 P.M.
Council member Melville made a motion to introduce and waive the first reading of an Ordinance approving Zoning Ordinance Amendment (ZOA) 2024-01 amending Chapter 4 Article 9 of the Gustine Zoning Code.
The motion was seconded by Mayor Pro Tem Ford and carried 4-0, with Council member Marsigli absent.
CITY DEPARTMENT REPORTS
Police Chief Chavez advised the department will begin enforcing unrestrained motorists and stop signs on Sunday for a week and stated this event will be coordinated through California Highway Patrol due to increased fatalities on the Westside. He informed Council the new patrol vehicles were dropped off for outfitting. He thanked City Manager Than for prioritizing the purchase of the vehicles. He thanked Police Volunteers Bill and Janis for transporting the vehicles.
Fire Chief Borrelli informed Council of the upcoming Blue Mass on January 26th at 9:30 A.M. He advised the department would be cooking for the City County Relations Dinner on Thursday, January 30th. He updated on the upcoming Fill the Boot event and the Every 15 Minutes program.
Public Works Director Ingram thanked the Ford family for purchasing lunch for the department last week. He advised of the recent purchase of pothole repair material that is expected to last longer.
Finance Director Morrison advised she had nothing to report.
Recreation Manager Vitorino reminded Council of the upcoming Pizza and Picasso Paint Night event on January 31st. She advised the City is seeking vendors for the upcoming Easter Egg Hunt Vendor Fair.
Economic & Community Development Director Westervelt advised she had nothing to report.
Administrative Assistant Porras advised of the preparation for the upcoming mock City Council meeting for the Our Lady of Miracle’s Jr. High students. She reminded Council and staff to RSVP for the City County Relations Dinner on January 30th.
CITY ATTORNEY REPORT
City Attorney Siprelle informed Council BBK Law Firm has prepared a summary of new laws that went into effect on January 1st and advised the overview of these laws can be found on their website. She further advised if Council was interested in signing up for their legal alerts they can register online or by reaching out to her directly.
City Manager Than informed Council that BBK will present an overview of laws that have come into effect on February 4th.
CITY MANAGER REPORT
City Manager Than advised of the upcoming Downtown Roundabout stakeholder meeting on Thursday, January 23rd. He provided an overview of the Downtown Roundabout project.
He advised of the completion of the East Avenue Sidewalk project stakeholder meeting and advised all comments will be incorporated. City Manager Than further advised construction is anticipated for early spring.
He also advised the City has received the pump for the North Avenue Sewer and Lift Station project and is hoping to have bids out by spring.
He advised of a rodent issue at the Wastewater Treatment Plant.
He also advised of the upcoming mid-year budget review, and announced budget work for the coming fiscal year would commence in March.
Mayor Pro Tem Ford inquired whether the lift station would eliminate the main that goes down Linden, to which Public Works Director Ingram affirmed.
Mayor Nagy inquired whether the storm drain line improvements slated for the downtown roundabout project are part of the scope, to which City Manager Than affirmed and advised it is a priority to staff to ensure the problematic areas are included.
CITY COUNCIL REPORTS
Council member Melville thanked staff bringing the City into compliance and are able to move forward with the Housing Element.
Council member Giles advised he had nothing to report.
Mayor Pro Tem Ford inquired whether the ordinance in regards to food vendors could be revised to decrease the amount of work the vendors will have to do to obtain a permit, to which City Manager Than advised the requirement comes from Merced County and not the City. He further stated Merced County is not willing to amend the policy.
Mayor Pro Tem Ford inquired on the practices in other counties, to which City Manager Than advised the resource for reinforcement is limited and that is why there are nonpermitted vendors out working.
Council member Melville inquired on the vendor that is located on Grove Avenue and Meredith Avenue, to which City Manager Than advised the Merced County Public Health Supervisor has created a presentation in regards to implementations and enforcement efforts.
Mayor Nagy inquired whether ADU’s are owner occupied, to which Economic & Community Development Director Westervelt answered no and advised it is no longer required for the ADU’s to be owner operated.
He reiterated thanks to staff for working diligently on the Housing Element. He asked staff to add page numbers by the agenda items on future agenda packets.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Pursuant to Government Code Section 54956.8 Agency Negotiator: Ken Noack, Jr./Newmark; Property; Assessor’s Parcel No. 020-260-013; Under negotiation: Price and Terms of Payment
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): one case
After returning to open session, Mayor Nagy advised there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:20 P.M.