REGULAR MEETING MINUTES
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
December 21, 2021
CALL TO ORDER: 7:00 p.m.
Roll Call:
Present: Breitenbucher, Halford, Nuño, Singh, Cantu
INVOCATION/FLAG SALUTE: Invocation and Flag Salute was led by Tim Kemptner.
AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
City Clerk Cassandra Candini-Tilton announced COVID-19 guidelines for the meeting and the following supplemental reports:
· For Item C.13:
- Communication of 68 signed letters from individuals with statements of: Please do not approve recreational cannabis dispensaries in Manteca. I am opposed to cannabis here in the “Family City.” - Communication of 33 signed letters from individuals with statements of: I, as a resident of Manteca, CA, am opposed to storefront marijuana dispensaries being allowed in the Family City of Manteca, CA. I urge you to vote NO when this comes before you at the next council meeting. · For Item D.1: Original Tentative Map for Shadowbrook, Tract 3449
City Clerk Tilton announced the following changes to the agenda:
· For Item C.3: Updated Attachment 3 – Professional Services Agreement with NV5, Inc. to include contract attachment pages.
City Clerk Tilton announced that the City Clerk’s Office received a request, from members of the public, to move item D.1 to the January 18, 2022, Regular Meeting Agenda.
ACTION: Moved, seconded (Breitenbucher/Halford) to remove item D.1 from the agenda.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
A. PRESENTATIONS:
A.1. 21‑602 Certificates of Recognition presented to Public Safety Sales Tax Oversight Committee Members.
City Clerk Tilton announced that no members were able to attend the meeting and that certificates will be mailed directly to them.
B. PUBLIC COMMENT:
City Clerk Tilton read public comment into the record from Alma Fuertis regarding Technical Support Services Association negotiations.
Deputy City Clerk/Records Manager Marco Martinez read public comment into the record from Alma Fuertis regarding Technical Support Services Association negotiations.
City Clerk Tilton read public comment into the record from Shannon Sandoval regarding Technical Support Services Association negotiations.
Deputy City Clerk/Records Manager Martinez read public comment into the record from Sherry Newton regarding Technical Support Services Association negotiations.
Deputy City Clerk/Records Manager Martinez read public comment into the record from Melissa Flores regarding Technical Support Services Association negotiations.
City Clerk Tilton announced the time limit of 3 minutes for each speaker.
Jacelyn Renwick provided public comment regarding the Technical Support Services Association negotiations.
Erma Patrick provided public comment regarding the Technical Support Services Association negotiations.
David Garcia provided public comment regarding the Technical Support Services Association negotiations.
Chad Adams provided public comment regarding the Technical Support Services Association negotiations.
Tabitha Frasier provided public comment regarding the Technical Support Services Association negotiations.
C. CONSENT ITEMS:
ACTION: Moved, seconded (Singh/Breitenbucher) to approve the Consent Calendar, as amended, with the exception of item C.13, pulled by Councilmember Breitenbucher, Councilmember Nuño and the public, and item C.15, pulled by a member of the public.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
C.1. 21‑563 Adopted Resolution R2021-175 continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID‑19).
C.2. 21‑488 Adopted Resolution R2021-176 authorizing a budget appropriation and contract with DeNovo Planning Group for the preparation of a Senate Bill 2 grant funded project to update planning documents, entitlement processes, and zoning ordinance that accelerate housing production.
C.3. 21‑495 Adopted Resolution R2021-177 approving (1) an increase to the funding available for construction of the North Manteca Trunk Sewer, Zone 22 Project; (2) an agreement for Professional Services with NV5, Inc.; (3) Amendment No. 2 to the Agreement with Inferrera Construction Management Group, Inc.; and (4) authorized the City Manager or designee to sign the agreements and issue change orders as needed.
C.4. 21‑548 Adopted Resolution R2021-178 accepting a Grant of Easement for public utilities from Raymus Resources LP on 2035 S. Main Street and 2185 S. Main Street.
C.5. 21‑557 Adopted Resolution R2021-179 approving the Improvement Agreement and Final Map for Shadowbrook Neighborhood 4, Tract 3981.
C.6. 21‑575 Adopted Resolution R2021-180 approving grading and construction of improvements, prior to filing of the Final Map, for the work included in the Trails of Manteca Unit Nos. 1‑4 Subdivision Improvement Plans.
C.7. 21‑578 Adopted Resolution R2021-181 approving grading and construction of improvements, prior to filing of the Final Map, for the work included in the Villa Ticino West Unit 1 and Unit 2 Improvement Plans.
C.8. 21‑543 Adopted Resolution R2021-182 approving the Storm Water Management Zone 36 and 39 Flood Prevention Improvement Project Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation Measure Reporting Program (MMRP); approve amendment 1 extending the term of Contract 2020‑10 through December 31, 2022, and authorize the City Manager to sign.
C.9. 21‑559 Approved Amendment No. 1 to a lease agreement with Mizuno Farms for the lease of the South Hays Road Property and authorized the Mayor to sign the same.
C.10. 21‑595 Approved a Memorandum of Understanding between the City and the Mid‑Manager’s Association for the term of July 1, 2021 through June 30, 2022.
C.11. 21‑558 Waived the first reading by substitution of the title and introduced an ordinance amending Section 13.16.011 of the Manteca Municipal Code, regarding the Industrial Sewer System Service Charge for Eckert Cold Storage.
C.12. 21‑584 Waived the first reading and substitution of the title and introduced and ordinance amending Chapter 2.28 Recreation and Parks Commission Section 2.28.020 Appointment and compensation.
Pulled by Councilmember Breitenbucher, Councilmember Nuño , and the public.
C.13. 21‑585 Waive the final reading by substitution of the title and adopt an ordinance adding Chapter 5.64 to Title 5 Business Taxes, Permits And Regulations, Relating To Cannabis Businesses, amending Chapter 8.35, Adult Use And Medical Marijuana, Of Title 8, Health And Safety, And Amending Title 17, Zoning, To Allow For The Establishment Of Cannabis Retailers In The City, And Making A Finding Of Exemption Under CEQA Guidelines Section 15061(B)(3).
City Clerk Tilton read public comment into the record from Russell Armstrong regarding the item.
Deputy City Clerk/Records Manager Martinez read public comment into the record from Tanya Roulette regarding the item.
City Clerk Tilton read public comment into the record from Jim Todd regarding the item.
Deputy City Clerk/Records Manager Martinez read public comment into the record from Nina Armstrong regarding the item.
L. Larson provided public comment regarding the item.
Soloman Kunjabi provided public comment regarding the item.
Monica Mendoza provided public comment regarding the item.
Eric Hayes provided public comment regarding the item.
Sharon Sasser provided public comment regarding the item.
Ron Laffranchi provided public comment regarding the item.
Jimmy Roulette provided public comment regarding the item.
Daljit Singh provided public comment regarding the item.
Manteca Resident provided public comment regarding the item.
John Sasser provided public comment regarding the item.
Manteca Resident provided public comment regarding the item.
Tracy Richardson provided public comment regarding the item.
Councilmember Nuño stated that he conducted additional research and stated he did not want to prevent any Manteca citizen from being able to purchase cannabis if they so choose.
Vice Mayor Halford stated that it is a difficult subject, provided voter statistics from 2018 and 2020 regarding cannabis, stated that over 7,000 Manteca residents patron cannabis retailers, stated that black market cannabis is not tested like retail cannabis, and commented on the restrictions imposed on cannabis advertising.
Discussion ensued between Councilmember Halford and Chief of Police Mike Aguilar regarding the number of illegal growing houses in Manteca and the time frame in which complaints for illegal growing houses are processed by Manteca Police Department.
Councilmember Breitenbucher cited newspaper articles regarding the illegal marijuana sales and operations negatively impacting communities, recited side effects of marijuana, and presented a Supplemental II.
Council discussion ensued regarding cannabis advertising and regulation.
Mayor Cantu stated that Council has visited sites and done research in order to make an educated decision.
ACTION: Moved, seconded (Cantu/Singh) waive the final reading by substitution of the title and adopt Ordinance O2021-16 adding Chapter 5.64 to Title 5 Business Taxes, Permits And Regulations, Relating To Cannabis Businesses, amending Chapter 8.35, Adult Use And Medical Marijuana, Of Title 8, Health And Safety, And Amending Title 17, Zoning, To Allow For The Establishment Of Cannabis Retailers In The City, And Making A Finding Of Exemption Under CEQA Guidelines Section 15061(B)(3).
Motion carried:
ROLL CALLVOTE:
Councilmember Breitenbucher: NO
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
C.14. 21‑586 Waived the final reading and substitution of the title and adopted an ordinance amending Ordinance no. 1501, the zoning ordinance, as amended, to rezone for the Tesoro Boat and RV Storage facility located at 1821 Woodward Avenue, APN 224‑050‑03 (file no. REZ‑20‑114).
Pulled by Richard Silverman.
C.15. 21‑530 Receive and file the Annual Report by the Public Safety Sales Tax Oversight Committee.
Public Safety Sales Tax Oversight Committee Member Rich Silverman presented the Annual Report to Council.
ACTION: Moved, seconded (Halford/Singh) to receive and file the Annual Report by the Public Safety Sales Tax Oversight Committee.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
C.16. 21‑243 Received and filed the 2022 Local Appointments List highlighting upcoming term vacancies occurring in the next year on City boards, commissions, and committees.
C.17. 21‑069 Approved City Council Meeting Minutes.
Mayor Cantu adjourned to recess at 9:15 p.m.
Mayor Cantu reconvened the meeting at 9:26 p.m.
D. PUBLIC HEARINGS:
ITEM REMOVED FROM AGENDA
D.1. 21‑524 Waive the first reading by substitution of the title and introduce ordinance, amending the Planned Development Amendment (PDA‑20‑125) to remove the age restriction from Shadowbrook Neighborhood 6 and combine Neighborhood 6 with Neighborhood 7.
D.2. 21‑526 Adopt a resolution approving a Tentative Subdivision Map for the Paradise Villas Townhomes located at 339 Pestana Avenue (File No. PD 20‑120, REZ 20‑121, SDJ 20‑118), and waive the first reading by substitution of the title and introduce an ordinance approving a Rezone and a Planned Development Overlay for Paradise Villas Townhomes.
Associate Planner Mallorie Fenrich and Deputy Director of Development Services – Planning J.D. Hightower provided PowerPoint presentation.
Mayor Cantu opened the Public Hearing at 9:06 p.m.
Matt Brady provided public comment regarding the item.
Council discussion ensued with Mr. Brady and Associate Planner Fenrich regarding the type of property, the cost rate of a unit, Homeowner’s Association responsibilities, parking, square footage of each unit, and distance between the project and adjacent properties.
City Clerk Tilton read public comment into the record from MVE, Inc.
Mayor Cantu closed the Public Hearing at 9:13 p.m.
ACTION: Moved, seconded (Halford/Singh) to adopt Resolution R2021-183 approving a Tentative Subdivision Map for the Paradise Villas Townhomes located at 339 Pestana Avenue (File No. PD 20‑120, REZ 20‑121, SDJ 20‑118), and waive the first reading by substitution of the title and introduce an ordinance approving a Rezone and a Planned Development Overlay for Paradise Villas Townhomes.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
D.3. 21‑587 Waive the first reading and substitution of the title and introduce an ordinance amending Manteca Municipal Code Chapter 1.08 ‑ Elections to add Sections 1.08.060 ‑ General election ‑ District Elections and 1.08.070 ‑ General election ‑ Election Schedule.
City Clerk Tilton provided a brief PowerPoint presentation.
Mayor Cantu opened the Public Hearing at 9:22 p.m.
Eric Hayes provided public comment regarding the item.
Mayor Cantu closed the Public Hearing at 9:24 p.m.
Council discussion ensued with City Attorney L. David Nefouse regarding the California Voting Rights Act and the reasons for why Manteca is moving to By-District Elections.
ACTION: Moved, seconded (Nuño/Breitenbucher) to waive the first reading and substitution of the title and introduce an ordinance amending Manteca Municipal Code Chapter 1.08 ‑ Elections to add Sections 1.08.060 ‑ General election ‑ District Elections and 1.08.070 ‑ General election ‑ Election Schedule.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Cantu
NOES: Singh
D.4. 21‑547 ** Previously noticed to be heard; will be heard at the January 18, 2022, City Council Meeting.**
Adopt a resolution granting Applicant’s appeal and overturning the Planning Commission’s denial of the Site Plan and Design Review Application, Raymus Office and Storage Building (File No. SPC‑21‑74).
D.5. 21‑550 ** Previously noticed to be heard; will be heard at the January 18, 2022, City Council Meeting.**
Adopt a resolution 1) approving the Engineer’s Report for the Southwest Manteca Regional Sewer Lift Station Improvements Area of Benefit and forming the Southwest Manteca Regional Sewer Lift Station Improvements Area of Benefit District, 2) approving the Improvement Agreement for the Southwest Manteca Regional Sewer Lift Station, and 3) accepting a Grant Deed at 2368 W. Woodward Avenue from John & Tamela Kisst and Edward & Lorie Machado for an 20,439 square foot portion of the property along the future Joshua Street right‑of‑way.
E. DISCUSSION ITEMS:
E.1. 21‑532 Waive the first reading by substitution of the title and introduce an ordinance adding Chapters 3.40 and 3.42 to the Municipal Code regarding short‑term rentals.
City Attorney Nefouse provided a brief report.
Council discussion ensued with Police Chief Aguilar and City Attorney Nefouse regarding the current noise ordinance and adjusting the short-term ordinance to keep consistent with the noise ordinance.
Judy Blumhorst provided public comment regarding the item.
Council discussion ensued with City Attorney Nefouse regarding advertisements of short-term rentals on social platforms, requirements of acquiring a business license, and fines.
ACTION: Moved, seconded (Halford/Breitenbucher) to waive the first reading by substitution of the title and introduce an ordinance adding Chapters 3.40 and 3.42 to the Municipal Code regarding short‑term rentals and amend the noise restrictions time frame to be consistent with the noise ordinance.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
E.2. 21‑601 Make recommendations and appointments for the 2022 City Council Board, Commission, and Committee appointments.
City Clerk Tilton provided brief report.
ACTION: Moved, seconded (Nuño/Cantu) to recommend to SJCOG the appointment of Mayor Cantu to SJRRC, appoint Vice Mayor Halford to SJAFCA, appoint Mayor Cantu to MUSD 2x2, and appoint Councilmember Singh to Manteca/Lathrop 2x2.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
F. INFORMATIONAL ITEMS:
F.1. 21‑525 Receive and file: updates on key elements of Senate Bill 1383 (SB 1383 ‑ Short‑Lived Climate Pollutants: Organic Waste Methane Emissions Reductions) and updates on the City’s implementation planning process for SB 1383.
Clerk Note: no formal action.
G. CITY MANAGER COMMENTS:
City Manager Toby Wells wished everyone a Merry Christmas and a Happy New Year.
H. COUNCIL COMMENTS:
Councilmember Breitenbucher announced that the Supplemental Items presented for Agenda Item C.15 came from a smoke shop in Manteca and a dispensary.
Councilmember Nuño wished everyone a Merry Christmas and a Happy New Year and looking forward to 2022.
Councilmember Singh announced that it was a good meeting and wished everyone a Merry Christmas and a Happy New Year.
Vice Mayor Halford announced that it was a good meeting and wished everyone a Merry Christmas and a Happy New Year.
Mayor Cantu announced that it was a good meeting and wished everyone Happy Holidays.
I. ADJOURNMENT: Mayor Cantu adjourned the meeting at 9:50 p.m.
___________________________
OLIVIA NASHED
ACTING CITY CLERK