MINUTES OF
REGULAR MEETING
August 16, 2022
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Nagy called the meeting to order at 6:01 P.M. and conducted the pledge of allegiance
ROLL CALL
Council Members: Bonta - Brazil - Ford - Alexander - Mayor Nagy Staff present: Interim City Manager Brad Kilger, Attorney Associate Anne Branham, Police Chief Ruben Chavez, Public Works Director Jesus Chavez, Recreation Manager Tiffany Vitorino, Economic & Community Development Director Jami Westervelt, Fire Chief Pat Borrelli, City Engineer Mario Gouveia, and Administrative Services Director Melanie Correa
PRESENTATIONS
1. Westside 4-H Presentation Team
The 4-H group shared their individual speeches.
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?
4. Minutes of the August 2, 2022 Regular Meeting
Recommendation: Review and approve
5. Warrants
Recommendation: Review and approve
6. Treasurer’s Report – July 2022
Recommendation: Review and file
7. Approve Resolution Approving Amendment to Memorandum of Understanding Between City of Gustine and Gustine Police Officers Association Recommendation: Review and approve
8. Authorize Interim City Manager to Execute Renewed Measure V Local Funding Agreement
Recommendation: Review and authorize
9. Approve Request for Use of Streets and Services for Annual Our Lady of Miracles Celebration
Recommendation: Review and approve
10. Approve Request for Use of Streets and Services for Gustine High School Homecoming Parade and Night Rally
Recommendation: Review and approve
Mayor Nagy introduced the consent calendar.
There was no public comment.
Council member Brazil inquired additional information on the Comcast warrant, to which Administrative Services Director advised the City is still in contract with Comcast in a limited capacity.
Mayor Pro Tem Alexander made a motion to approve the consent calendar. The motion was seconded by Council member Ford and carried 5-0.
ADMINISTRATIVE AGENDA
9. DISCUSSION & DIRECTION: Consider Request for Waiver of Goman Center Cleaning Fee from Gustine Lions Club
1. Receive Staff Report
2. Receive Public Comment
4. Hold discussion and provide direction to staff on waiver request Council member Bonta recused himself from the dias at 6:43 P.M. due to conflict of interest with his membership of the Lions Club. He sat as an audience member.
Recreation Manager Vitorino presented the staff report.
There was no public comment.
Council member Brazil inquired if there were any additional requests from other Service Clubs, to which Recreation Manager Vitorino denied.
Council member Brazil inquired if there were any past cleaning issues with the Gustine Lions Club, to which Recreation Manager Vitorino provided that the Club provided ample notice when needing the City’s assistance in cleaning.
The Council granted the fee waiver and directed staff to return with a revised resolution, eliminating mandatory fee for Service Clubs.
Recreation Manager Vitorino inquired direction on the mandatory cleaning fee for Gustine Unified School District, to which Interim City Manager Kilger advised Gustine Unified School District will need to bring any future waiver requests to Council.
Council member Bonta returned to the dias at 7:01 P.M.
Mayor Nagy reopened the meeting public comment period at 7:02 P.M.
Mr. Rocha, 703 Laurel Avenue, provided commentary on excessive speeding, falling tree limbs, and restricting parking vehicles on residential lawns.
Council member Brazil made a motion to reopen consent calendar item #3.
Council member Ford advised of his abstention from the consent calendar item #3, Richard A. Ford II warrant in the amount of $55.05.
Council member Brazil made a motion to approve consent calendar item #3. The motion was seconded by Mayor Pro Tem Alexander and carried 4-0, with Council member Ford abstaining from the Richard A. Ford II warrant.
10. PUBLIC HEARING – Consider Introduction and Waiver of First Reading of an Ordinance Approving an Amended Development Agreement between the City and Tip Top Farms, LLC
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 an amended development agreement between the City of Gustine and Tip Top Farms, LLC to allow continued operation of a commercial cannabis microbusiness located at 377 4th Street, Gustine
Economic & Community Development Director Westervelt presented the staff report.
She advised of a numbering error on the redline version of the amended development agreement. She also advised the agreement would be corrected and aligned before being deemed final.
Mayor Nagy opened the public hearing at 7:12 P.M. There was no public comment. The public hearing was closed at 7:13 P.M.
Council member Brazil inquired additional information on the changes to the agreement, to which Economic & Community Development Director Westervelt advised changes related to definitions, commencement date, and the addition of audit rates.
Council member Brazil made a motion to introduce and waive the first reading of an ordinance approving an amended development agreement between the City of Gustine and Tip Top Farms, LLC to allow continued operation of a commercial cannabis microbusiness located at 377 4th Street, Gustine. The motion was seconded by Mayor Pro Tem Alexander and carried 5-0.
11. PUBLIC HEARING – Consider Introduction and Waiver of First Reading of an Ordinance Approving a Development Agreement between the City and Flavor Farms Gustine, LLC; and Adopting a Resolution Approving a Use Permit for Indoor Cultivation and Distribution Operations; and Approve an Operating Agreement between the City and Flavor Farms Gustine, LLC
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 a development agreement between the City of Gustine and Flavor Farms Gustine, LLC to allow a commercial cannabis business located at 355 4th Street, Gustine
5. Consider a motion to approve Resolution approving a use permit for indoor cultivation and distribution operations of a cannabis business
6. Consider a motion to approve an operating agreement between the City and Flavor Farms Gustine, LLC
Attorney Associate Branham presented the staff report.
Economic & Community Development Director Westervelt advised of a numbering error on the redline version of the amended development agreement. She also advised the agreement would be corrected and aligned before being deemed final.
Mayor Nagy opened the public hearing at 7:18 P.M.
Zach Drivon, Flavor Farms Attorney, shared information on the nature of the business.
The public hearing was closed at 7:29 P.M.
Council member Brazil inquired additional information on the distribution process, to which Mr. Drivon advised Flavor Farms is not delivering direct to customers, they would be distributing wholesale products to retailers or other distributors.
Council member Brazil inquired if Tip Top Farms and Flavor Farms are in agreeance to the allowance of both businesses, to which Mr. Drivon affirmed.
Mayor Pro Tem Alexander inquired on the wastewater haul off process, to which Mr.
Drivon advised of the deference to a wastewater contractor.
Council member Bonta made a motion to introduce and waive the first reading of an ordinance approving a development agreement between the City of Gustine and Flavor Farms Gustine, LLC to allow a commercial cannabis business located at 355 4th Street, Gustine. The motion was seconded by Council member Brazil and carried 5-0.
Mayor Pro Tem Alexander made a motion to approve resolution approving a use permit for indoor cultivation and distribution operations of a cannabis business. The motion was seconded by Council member Bonta and carried 5-0.
Mayor Pro Tem Alexander made a motion to approve an operating agreement between the City and Flavor Farms Gustine, LLC. The motion was seconded by Council member Bonta and carried 5-0.
Council member Ford inquired whether a tour of the facility would be offered, to which Mr. Drivon affirmed.
CITY DEPARTMENT REPORTS
Police Chief Chavez updated on warnings issued to the big rig trucks parking on North Avenue and Fentem Rd. He reported on a hostage and domestic violence issue that occurred in early August in the Borrelli Ranch subdivision. He advised the police department has been active in enforcing safe routes to school routes. He also advised the radar trailer is posted on Railroad Avenue. He informed Council that Officer Gallardo is enforcing the abandoned vehicle abatement process.
Mayor Nagy inquired on the warrants related to new computers for the department, to which Police Chief Chavez advised two of four computers have been received and installed within the department vehicles.
Fire Chief Borrelli provided an update on the residential fire on North Avenue. He advised the fire was contained within forty minutes. There was some discussion in regards to mutual aid.
Public Works Director Chavez advised the manhole was replaced on Carnation Rd. and East Avenue. He also advised of a second manhole with issues on Carnation Rd.
He updated on the SCADA lift station upgrade. He advised of road and crosswalk striping on Main Street and around schools.
City Engineer Gouveia presented the project plan for the hydrant and valve replacement project.
Council member Brazil commented on the sinkhole on Linden Avenue, to which Public Works Director Chavez advised he will contact PG&E.
Mayor Nagy requested that Jamero Park be given additional maintenance by the department, to which Public Works Director Chavez affirmed.
Economic & Community Development Director Westervelt updated on the status of the airport gate. She informed Council that Precision Genetics Solution will be opening in late September. She also informed Council the City is working with Mid-Valley Disposal on commercial services issues. She advised the City was not selected for the highspeed internet funding. She also advised of a possible fiber connection project with Comcast for disadvantaged communities.
Council member Bonta inquired on the status of the Taproom, to which Economic & Community Development Director Westervelt advised they are waiting for an approval from the Alcohol Beverage Control.
Recreation Manager Vitorino updated on the success of the recent National Night Out/Back to School Night event. She thanked all sponsors. She informed Council she is waiting for estimates for additional Goman improvements. She advised of schedule of the final days of the pool season. She updated on the Halloween Trunk or Treat event theme.
Administrative Services Director Correa advised on behalf of the Finance department, that the contracted Accountant had vacated his position. She reminded Council of Mid-Valley Disposal’s additional services for senior citizens and dependent adults, and reminded everyone of the upcoming collection event. She advised the Project Manager has completed the CalVIP grant quarterly reporting.
Administrative Services Director Correa also updated that the City will be hosting the January 2023 City/County Dinner. She asked that suggestions for a speaker or entertainment be provided to her. She advised that the City would be hosting a training for AB1825 on October 6th at the Goman Center. She reminded Council the City Manager recruitment closes on August 29th. She advised the City is still looking for a Finance Director. She informed Council the Elections department will deliver the voting ballots drop box between October 6th and 7th.
Council member Brazil inquired on the difficulty in finding a Finance Director, to which Administrative Services Director Correa advised that many Cities are experiencing the same vacancy and struggles with filling any position.
CITY MANAGER REPORT
Interim City Manager Kilger advised that he had nothing to report.
Council member Brazil inquired on the status of the roundabout at Grove and Sullivan, to which Interim City Manager Kilger advised that the City Council previously gave policy direction to add the roundabout to the Southeast Gustine Master Plan Circulation Plan, however, it has never been formally adopted.
CITY COUNCIL REPORTS
Council member Bonta advised that he had nothing to report.
Council member Ford updated on his zoom meeting with Mid-Valley Disposal. He advised that Mid-Valley Disposal suggested a Town Hall meeting with all of the City businesses. He distributed a CalRecycles printout. He informed Council of a lowpopulation waiver from SB1383 mandates. He suggested to add language from the printout to the City ordinance.
Interim City Manager Kilger thanked Council member Ford for meeting with Mid-Valley Disposal and City staff. He also asked Council to send any questions to staff to get issues resolved. He informed Council he is looking for a cooperative partnership with MidValley Disposal.
Council member Brazil inquired if California is the only State that has the SB1383 requirement, to which Attorney Associate Branham answered yes.
Council member Brazil inquired on the Dollar General/CalRecycle issue, to which Interim City Manager Kilger advised he would check the details and get back to Council.
Mayor Pro Tem Alexander advised that he had nothing to report.
Mayor Nagy reiterated that the City and Mid-Valley Disposal must have a cooperative partnership. He informed Council of the Merced County Association Governments agenda for Thursday and how most of the material revolves around SB1383. He advised of the City’s burden to import mulch according to the legislature.
CLOSED SESSION PUBLIC COMMENT
There was no public comment.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6 Agency Negotiator: Interim City Manager: Employee organization: City of Gustine Public Works Association
After returning to open session, it was reported that there was no reportable action from closed session.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 8:47 P.M.