MINUTES OF
REGULAR MEETING
November 19, 2024
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: Marsigli – 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 (virtual), Fire Chief Pat Borrelli, Public Works Director Gary Ingram, and Administrative Services Director Melanie Correa Council members Bonta and Giles were 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 3-0, with Council members Bonta and Giles absent.
DECLARATIONS OF CONFLICT OF INTEREST
Mayor Nagy advised of his abstention from the warrant in his name.
PRESENTATIONS
PUBLIC COMMENT
There was no public comment.
City Attorney Siprelle arrived virtually at 6:32 P.M.
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 5, 2024 Regular Meeting
Recommendation: Review and approve
2. Warrants
Recommendation: Review and ratify
3. Treasurer’s Report – October 2024
Recommendation: Review and ratify
4. Approve Adoption and Waive Second Reading of an Ordinance Authorizing the Levy of Special Taxes in City of Gustine Community Facilities District No. 2024-1 (Public Safety and Stormwater and Parks Maintenance Services) Recommendation: Approve adoption and waive second reading
5. Approve Resolution Accepting Bid and Awarding Contract for Tree Trimming Project Phase 2 and Authorizing City Manager to Execute Agreement Recommendation: Approve resolution
Mayor Nagy introduced the consent calendar.
There was no public comment.
Administrative Services Director Correa advised of a typographical error in the resolution for consent calendar item #5.
Council member Marsigli made a motion to approve the consent calendar as amended.
The motion was seconded by Mayor Pro Tem Ford and carried 3-0, with Council members Bonta and Giles absent.
ADMINISTRATIVE AGENDA
6. Consider Resolutions Extending Terms for Development and Operating Agreements for both Tip Top Farms and Flavor Farms Cannabis Businesses
1. Receive staff report
2. Receive Public Comment
3. Consider a motion to approve the resolution amending the existing Development Agreement between the City and Tip Top Farms, LLC to operate a commercial cannabis business at 377 4th Street
4. Consider a motion to approve the resolution amending the existing Operating Agreement between the City and Tip Top Farms, LLC to operate a commercial cannabis business at 377 4th Street
5. Consider a motion to approve the resolution amending the existing Development Agreement between the City and Flavor Farms, LLC to operate a commercial cannabis business at 355 4th Street
6. Consider a motion to approve the resolution amending the existing Operating Agreement between the City and Flavor Farms, LLC to operate a commercial cannabis business at 355 4th Street
Economic & Community Development Director Westervelt presented the staff report.
Andy Sanchez, Owner, expressed pride in being located in Gustine and advised of his availability for questions.
Council member Marsigli inquired clarification of the proposed amendments relating to the wording for the $20K annual donations, to which Economic & Community Development Director Westervelt advised the amended language allows for expanded uses.
Council member Marsigli advised of the initiatives in the Tip Top Operating Agreement.
Council member Marsigli advised of complaints of odor from the business location, to which Mr. Sanchez advised of the resources being used and procedures incorporated to contain the odor.
Mayor Nagy inquired whether the gross receipt revenue and annual contributions are kept separate, to which Finance Director Morrison advised they are separate from each other.
Mayor Nagy inquired whether there is a fund balance in the community donation account, to which Recreation Manager affirmed and advised there is approximately $8K in the account.
Mayor Pro Tem Ford made a motion to approve the resolution amending the existing Development Agreement between the City and Tip Top Farms, LLC to operate a commercial cannabis business at 377 4th Street.
The motion was seconded by Council member Marsigli and carried 3-0, with Council members Bonta and Giles absent.
Mayor Pro Tem Ford made a motion to approve the resolution amending the existing Operating Agreement between the City and Tip Top Farms, LLC to operate a commercial cannabis business at 377 4th Street.
The motion was seconded by Council member Marsigli and carried 3-0, with Council members Bonta and Giles absent.
Mayor Pro Tem Ford made a motion to approve the resolution amending the existing Development Agreement between the City and Flavor Farms, LLC to operate a commercial cannabis business at 355 4th Street.
The motion was seconded by Council member Marsigli and carried 3-0, with Council members Bonta and Giles absent.
Mayor Pro Tem Ford made a motion to approve the resolution amending the existing Operating Agreement between the City and Flavor Farms, LLC to operate a commercial cannabis business at 355 4th Street.
The motion was seconded by Council member Marsigli and carried 3-0, with Council members Bonta and Giles absent.
7. Consider Resolution Accepting REAP 2.0 Sub-Allocation Grant Award and Increasing Appropriations in General Fund to Claim Funds
1. Receive staff report
2. Receive the public comment
3. Consider a motion to approve a resolution accepting REAP 2.0 sub-allocation grant award, directing the City Manager to sign related agreements and increasing appropriations limit in the general fund to fully claim funds Economic & Community Development Director Westervelt presented the staff report.
There was no public comment.
Council member Marsigli made a motion to approve a resolution accepting REAP 2.0 sub-allocation grant award, directing the City Manager to sign related agreements and increasing appropriations limit in the general fund to fully claim funds.
The motion was seconded by Mayor Pro Tem Ford and carried 3-0, with Council members Bonta and Giles absent.
8. Consider Resolutions Awarding Contract for Schmidt Park Path Slurry Seal Project, Increasing the Appropriations Limit in the Measure V Alt Mode Fund, and Authorizing City Manager to Execute Agreement
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 inquired whether the path is lowered prior to the seal, to which City Manager Than advised of the process that will occur during the time the cracks are filled. He further advised the physical appearance will not be pretty but it will prevent sand and debris from entering into the cracks.
Mayor Pro Tem Ford made a motion to approve resolution awarding contract for Schmidt Park Path Slurry Seal project, increasing the appropriations limit in the Measure V Alt Mode fund, and authorizing City Manager to execute agreement.
The motion was seconded by Council member Marsigli and carried 3-0, with Council members Bonta and Giles absent.
CITY DEPARTMENT REPORTS
Fire Chief Borrelli reminded everyone to check smoke alarms, fireplaces and carbon monoxide detectors. He advised of the upcoming Breakfast with Santa on November 30th.
Recreation Manager Vitorino updated on the revenue and expenses from the Trunk or Treat event. She also updated on the success of the 2024 Color Run event and the Mural Dedication. She advised of upcoming events such as the Lions Club Food Drive and Miss Gustine Toy Drive on December 13th and the Old-Fashioned Downtown Christmas event on November 30th.
Mayor Pro Tem Ford inquired whether the toy-drive donations should be wrapped, to which Recreation Manager Vitorino advised to leave the donations unwrapped.
Public Works Director Ingram extended an invitation to residents who would like a tour of the Wastewater Treatment Plant. He also asked all residents to use their green can to dispose of leaves. He also advised of the recruitments open currently within the Public Works department.
Mayor Nagy inquired whether the leaf truck is up and running, to which Public Works Director Ingram advised once new personnel is on, the leaf truck and street sweeper schedules will be established.
Council member Marsigli inquired on the Rural Water free training event, to which Public Works Director Ingram advised there were no attendees.
Council member Marsigli inquired on the tulles in the Schmidt Park pond, to which Public Works Director Ingram advised of the eradication options, which include burning the tulles, or use the backhoe with precise cleanup occurring by hand.
Finance Director Morrison advised of her upcoming meeting with the auditor to review the auditing requests for FY 23. She informed Council the Tobacco grant will be closed out this week and advised the Measure V audit was completed on Friday.
Economic & Community Development Director Westervelt updated on upcoming businesses in town. She informed Council the City posted the For-Sale sign for the property located at Jensen and Highway 33 and advised Letters of Interest are due by December 2nd.
Police Chief Chavez arrived to the meeting at 7:05P.M.
Police Chief Chavez advised of his attendance at the recruiting tour at the Police Academy.
Administrative Services Director Correa informed Council of the Public Works Part-Time Account Clerk, Police Officer and Reserve Police Officer recruitments. She reminded Council of the upcoming Special Workshop meeting prior to the Regular meeting on December 3rd.
CITY ATTORNEY REPORT
City Attorney Siprelle advised she had nothing to report.
CITY MANAGER REPORT
City Manager Than updated on the partial street reopening of the roundabout. He advised a soft opening will occur December 2nd. He further advised permanent street lighting will be installed in February-March 2025. Mr. Than asked for the community’s patience in navigating the roundabout and asked drivers to refrain from accessing the roundabout area until it is opened. He informed Council the traffic detour stops at Sullivan and 33/140 and East Avenue and 33/140 will remain in place until the project is fully opened. City Manager Than advised the North Ave sidewalk project is coming to completion. He advised of the communication sent out to those residents impacted by the North Ave sidewalk project who have until November 27th to notify contractor of any issues or concerns.
CITY COUNCIL REPORTS
Council member Marsigli advised of her attendance at the Annual Gustine/Newman Garden Club event. She expressed joy in seeing the young participants in the Veteran’s Day parade. She thanked staff for utilizing local vendors at the City’s Employee Appreciation Luncheon. She advised of her attendance at the Mural Dedication, and commended Public Works sharing kudos received from the community. She wished everyone a Happy Thanksgiving.
Mayor Pro Tem Ford advised he had nothing to report.
Mayor Nagy advised of his attendance at the Mural Dedication. He reiterated kudos to staff for the Employee Appreciation Luncheon and for involving our local vendors. He reminded everyone of upcoming events: Toy Drive, Food Drive and the Old Fashioned Downtown Christmas. He wished everyone a Happy Thanksgiving. He gave a shout out to the Gustine High School Football team and expressed pride in their efforts in getting to playoff quarterfinals.
ADJOURNMENT
Mayor Nagy adjourned the meeting at 7:15 P.M.