MINUTES OF
REGULAR MEETING
July 15, 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 - Marsigli - Mayor Pro Tem Ford – Mayor Nagy Staff present: City Manager Soknirorn Than, Economic & Community Development Director Jami Westervelt, Police Sergeant Francisco Martinez, City Attorney Olivia Clark (virtual), and Administrative Services Director Melanie Correa
APPROVAL OF AGENDA
Council member Melville made a motion to approve the agenda.
The motion was seconded by Council member Giles and carried 5-0.
DECLARATIONS OF CONFLICT OF INTEREST
There were no declarations of conflict of interest.
PRESENTATIONS
PUBLIC COMMENT
Abby Pendleton, Assembly member Alanis’ office, updated that bill AB 310 relating to the mandate of AED on premises of youth sporting events has moved past the Senate.
CONSENT CALENDAR
1. Warrants
Recommendation: Review and ratify
2. Direct Staff to Send Out Warrant Checks Prior to August 19, 2025 Regular Council Meeting
Recommendation: Review and approve
3. Approve Ordinance Adopting and Waiving the Second Reading of an Ordinance Adding Section 7-3-13 to Chapter 3 of Title 7 of the Gustine Municipal Code to Prohibit the Feeding of Wildlife
Recommendation: Review and approve
4. Approve Request for Use of Streets and Services and Authorize Mobile Food Vendors for Annual Our Lady of Miracles Event
Recommendation: Review and approve
5. Approve Resolution Authorizing Regional Surface Transportation Program Claim Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Melville made a motion to approve the consent calendar.
The motion was seconded by Council member Marsigli and carried 5-0.
ADMINISTRATIVE AGENDA
6. Consider Adoption and Waiver of Second Reading of an Ordinance Approving ZOA 2025-01, Amending Chapter 4-44, Section 4-44-140 of the City of Gustine Zoning and Subdivision Code Regarding Accessory Dwelling Units to Comply with Recent Changes to State Law, and Finding the Action to be Statutorily Exempt from CEQA under Section 21080.17 of the Public Resources Code
1. Receive staff report
2. Receive Public Comment
3. Consider a motion to approve ZOA 2025-01, adopting the ordinance and waiving the second reading
Planning Consultant Kelsey George presented the staff report.
Mayor Nagy opened the public hearing at 6:38pm.
Michael Abdallah, 6019 Whitworth Rd. Gustine, provided a brief background on his experience with ADUs. He addressed his concerns with the ordinance.
The public hearing was closed at 6:50PM
Council member Marsigli advised of nuances related to conditional use permits.
Council member Marsigli commented on the frosted window requirement, to which Planning Consultant George advised that once adopted, the ordinance must be reviewed and approved by HCD. She provided information on the aspects of the law that are non-negotiable. Ms. George touched base on 7F and advised if the ADU is within a fully fenced yard and is at four-feet from the setback line and it meets the required height there is no window that will have direct line of sight to the neighbor. She further advised on window requirements and advised the frosted option was to prohibit the line of sight and protect the neighbors but stated upon Council’s direction the requirement can be changed.
Mayor Pro Tem Ford provided his opinion on the window requirement and his support of the privacy.
Ms. George advised anything that is codified can be enforced.
Mayor Nagy inquired which option trumps the other, either having windows up high or having egress, to which Ms. George advised egress is required.
City Attorney Clark advised the changes being addressed are beyond the scope of the ordinance.
Ms. George inquired whether the City would need to go back to the first or second hearing if the ordinance is not adopted today, to which Ms. Clark advised she would double check to see if the City could bring it back as a second reading and adoption with those changes agendized.
Ms. George inquired on additional language, to which Ms. Clark advised “additional screening fencing” is not objective enough and further stated the ordinance should come back for another second reading.
City Manager Than advised of language that could be used in the ordinance regarding the fence height limit to eliminate a future variance process.
Mayor Nagy inquired whether the allowable square footage changed, to which Ms.
George advised for attached ADUs it can be up to 50% of the existing home square footage or 1200 sq. ft., whichever is greater. She further advised for detached ADUs state law does not set a maximum but it prohibits cities from setting a minimum that will preclude 850 sq. ft. for studios and one bedrooms or 1,000 sq. ft. for two bedrooms.
Mayor Nagy inquired whether a resident could get a variance for an ADU larger than 1,000 sq. ft., to which Ms. George affirmed.
Mayor Pro Tem Ford inquired the percentage of the sq. footage for a JADU, to which Ms. George advised you could go up to 50% but it has to exist completely within the existing footprint and stated you cannot expand the home footprint.
Council advised staff to add additional language regarding the roof requirements.
Ms. George reiterated combining F and G; address windows or build up to 8 ft. fence.
Council directed staff to bring this item back for future consideration of approval.
7. Consider Approval of a Resolution Authorizing the City Manager to Submit Scope Revision to Statewide Parks Program for Grant Funded Pioneer Park Renovation and Authorizing Execution of Necessary Paperwork and Direction to Release Approved Scope to Public Bid
1. Receive staff report
3. Receive Public Comment
5. Consider a motion to approve resolution and provide direction to staff on priorities for future steps
Economic & Community Development Director Westervelt presented the staff report.
Project Manager Danny Reed, of the City Engineer’s office provided additional information on the project budget.
Council member Marsigli inquired whether there is a water fountain, to which Mr. Reed answered no.
There was no public comment.
Council member Marsigli made a motion to approve the resolution authorizing the City Manager to submit scope revision to Statewide Parks program for grant funded Pioneer Park renovation and authorizing execution of necessary paperwork and direction to release approved scope to public bid.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
8. Approve Resolution Authorizing Purchase Order with Environmental Equipment Engineering, Inc. For Purchase of Aerators and Authorizing Acquisition
1. Receive staff report
2. Receive Public Comment
3. Consider a motion to approve resolution
City Manager Than presented the staff report.
There was no public comment.
Council member Melville provided commentary on the two current aerators at the park and advised of one not working, to which City Manager Than advised one of the aerators is not on due to the shaft being tilted.
Council member Marsigli questioned funding source, to which City Manager Than advised the funds will come from contract services and advised there are some areas that are already accounted.
Council member Giles inquired on the style issues, to which City Manager Than advised the old style had issues and stated the new style pushes water away from the motor preventing splash back.
Council member Giles made a motion to approve the resolution authorizing purchase order with Environmental Equipment Engineering, Inc. for purchase of aerators and authorizing acquisition.
The motion was seconded by Mayor Pro Tem Ford and carried 5-0.
CITY DEPARTMENT REPORTS
Sergeant Martinez advised of Officer Hollis’ resignation and the addition of Officer Arthur Rincon.
Economic & Community Development Director Westervelt advised the Airport Demo bid packet went out last Thursday and is due July 31st. She informed Council Reborn Aesthetics is officially licensed. She advised the public comment period is open for the Housing Element and will close on Tuesday, July 22nd. She provided the groundbreaking ribbon cutting details for Unwired Broadband for August 19th. She updated on her meeting with Merced County Behavioral Health and advised of their request for input regarding individuals with mental health challenges as well as substance abuse.
Mayor Pro Tem Ford inquired of vacant hangars, to which Economic & Community Development Director Westervelt advised of the process in filling vacant hangars.
Administrative Services Director Correa updated on behalf of Recreation and advised of the success of the Movie Night on Friday, July 11th and Open Swim for Sunday, July 13th. She further advised the Aquatics Center will be open on Sunday, July 20th from 11:00AM to 2:00 PM.
Administrative Services Director Correa advised of the upcoming Voting Accessibility Advisory Committee and Language Accessibility Advisory Committee meetings. She reminded Council of their headshots scheduled for August 19th at 5:00PM.
CITY MANAGER REPORT
City Manager Than advised on behalf of Public Works of the upcoming Compost Day on August 1st. He informed Council of the updating of street signs and freshening up of red curbs. He advised the pothole on Sullivan has been repaired, with East Ave potholes being filled in this week. He informed Council the Carnation Road resurfacing has been completed, and that the Jensen Basin project is underway. He further advised of current projects out to bid. He updated on the Unwired project and stated it is moving along.
Mayor Nagy inquired PG&Es work on Linden & Meredith, to which City Manager Than advised they installed a gas regulator last week and are working on restorations today.
Council member Marsigli inquired on PG&E box installed in Henry Miller Park, to which City Manager Than advised of the issues PG&E and the City would have had in order to place the box in a more discreet area.
CITY ATTORNEY REPORT
City Attorney Clark advised of the upcoming Webinar on Thursday regarding AB1234 training.
COUNCIL REPORTS
Council member Marsigli commented on the success of 4th of July activities and voiced her concerns with the 4th of July Fireworks show. She advised of her attendance at the Fireman’s Breakfast and Linguica Run. She inquired whether the City opposed SB445, to which City Manager Than acknowledged receipt of the letter and advised it will be sent out.
Council member Marsigli remarked the Gazebo roof looks great, and inquired whether the wood sheathing would be painted.
Sergeant Martinez provided update on successful 4th of July in the Park event.
Council member Melville added that the 4th of July Corn Hole tournament was well attended. He commended City staff on their work and advised they did an outstanding job. He updated on his attendance at the Linguica Run and advised he was approached by many visitors who inquired about the fuel pump at the Gustine Airport.
He informed Council of the Ducks Unlimited meeting tomorrow evening.
Council member Giles advised he had nothing to report.
Mayor Pro Tem Ford advised of Lions Club Rib o Rama event on August 2nd. He expressed concern over citizen complaints resulting from broadband projects. He advised of multiple vaults installed on properties throughout town, to which City Manager Than advised the vaults are for distribution.
There was further discussion related to the City holding the contractor accountable to restore properties to their original state.
Mayor Nagy reiterated kudos to all those involved in the 4th of July event. He reminded everyone of the GPS Festa this weekend.
CLOSED SESSON PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Public Works Association
2. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6. Agency Negotiator: City Manager: Employee organization: City of Gustine Police Officers Association
After returning to open session, Mayor Nagy advised there was no reportable action.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:16 P.M.