REGULAR MEETING MINUTES
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
January 18, 2022
CALL TO ORDER: 7:00 p.m.
Roll Call:
Present: Breitenbucher, Halford, Nuño, Singh, Cantu
INVOCATION/FLAG SALUTE: Invocation was led by Mohammad ElFarra, Islamic Center of Manteca and the Flag Salute was led by Councilmember Nuño.
AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
Acting City Clerk Olivia Nashed announced COVID-19 guidelines for the meeting and the following supplemental reports:
· For Item E.4:
- Communication from William Wohle
- Sample Elevations for Neighborhood 6 and Neighborhood 7 · For Item C.8: Updated Attachment 2 – Adopted Resolution by City of Lathrop · For Item E.1: Redlined and Revised Attachment 4 – Improvement Agreement
Acting City Clerk Nashed announced that the City Clerk’s Office received a request, from the Manteca Unified School District, to move item E.2 to the February 1, 2022, Regular Meeting Agenda.
ACTION: Moved, seconded (Breitenbucher/Nuño) to remove item E.2 from the agenda.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
A. PRESENTATIONS:
A.1. 21‑599 Certificate of Recognition presented to Manteca High Varsity Football Coaches and Team for the Sac‑Joaquin Section Division III Championship Title.
City Council presented the Certificate of Recognition to Manteca High Varsity Football Coaches and Team.
Coach Mark Varnum said a few words.
A.2. 22‑012 Present a Proclamation proclaiming January 15th ‑ January 30th as Health for Humanity, Yogathon 2022 Awareness Event.
City Council presented the Proclamation for Health for Humanity, Yogathon 2022 Awareness Event to Nagesh Pantage.
Mr. Pantage said a few words.
B. PUBLIC COMMENT: None.
C. CONSENT ITEMS:
ACTION: Moved, seconded (Singh/Nuño) to approve the Consent Calendar, as amended, with the exception of item C.14, pulled by Councilmember Breitenbucher, and C.5, C.8, C.9, and C.15 pulled by Mayor Cantu.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
C.1. 21‑564 Adopted Resolution R2022-01 continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID‑19).
C.2. 21‑419 Adopted Resolution R2022-02 and approved an agreement with AdEdge Water Technologies, LLC in an amount not to exceed $762,000.00, to perform media replacement and disposal services for City of Manteca Water Wells, and authorized the City Manager to sign all necessary documents.
C.3. 21‑589 Adopted Resolution R2022-03 to amend agreement number C2020‑162 and authorized the City of Manteca to sign a change order with Motorola to increase the current dispatch upgrade contract in the amount of $30,274 and extend its term through February 28, 2022.
C.4. 21‑597 Adopted Resolution R2022-04 approving Amendment No. 1 to extend the Agreement with the State Water Board for the Nile Garden School‑Well 30 Water Supply Project CIP 21034 for 18 months and authorized the City Manager or Designee to sign said amendment and required documents.
Pulled by Mayor Cantu.
C.5. 22‑013 Adopt a resolution approving the Improvement Agreement and Final Map for Shadowbrook Neighborhood 2, Tract 3983.
Mayor Cantu provided comment regarding the number of approved lots and Tentative Maps within the City of Manteca.
ACTION: Moved, seconded (Cantu/Breitenbucher) to adopt Resolution R2022-05 approving the Improvement Agreement and Final Map for Shadowbrook Neighborhood 2, Tract 3983.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
C.6. 22‑026 Adopted Resolution R2022-06 accepting public improvements for Sundance, Unit 5, Tract No. 3887 subdivision; approving exoneration of the Performance Bond; approving exoneration of the Labor and Materials Bond six (6) months after the date of acceptance; and approving the exoneration of the Warranty Bond twelve (12) months after the date of acceptance.
C.7. 21‑518 Adopted Resolution R2022-07 accepting public improvements for Cerri Unit 2, Tract No. 4036 subdivision; approving exoneration of the Performance Bond; and approving exoneration of the Labor and Materials Bond six (6) months after the date of acceptance; and approving the exoneration of the Warranty Bond twelve (12) months after the date of acceptance.
Pulled by Mayor Cantu.
C.8. 22‑037 Adopt a Resolution of Intention to participate in the Enhanced Infrastructure Financing District and associated Public Financing Authority established to Finance the Construction and/or Acquisition of Capital Improvements planned to provide an Urban Level of Flood Protection for the Mossdale Tract.
Mayor Cantu provided comment regarding the timeline of construction of levee.
Gregory Huber provided public comment regarding the item and provided a Supplemental II.
Lynnea Huber provided public comment regarding the item.
Discussion ensued between Councilmember Singh and Director of Engineering Kevin Jorgensen regarding necessity of forming the Financing District and Financing Authority as part of the financing plan. Director of Engineering Jorgensen clarified that San Joaquin Area Flood Control Agency (SJAFCA) is currently working on an alternative realignment.
SJAFCA Representative Chris Elias provided public comment regarding the item.
ACTION: Moved, seconded (Singh/Breitenbucher) to adopt Resolution R2022-08, a Resolution of Intention to participate in the Enhanced Infrastructure Financing District and associated Public Financing Authority established to Finance the Construction and/or Acquisition of Capital Improvements planned to provide an Urban Level of Flood Protection for the Mossdale Tract.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh
NOES: Cantu
Pulled by Mayor Cantu.
C.9. 22‑039 Adopt a resolution approving the Reorganization of the Finance Department, and approve an amendment to new and existing job descriptions.
Director of Finance Bret Harmon provided a brief report.
ACTION: Moved, seconded (Halford/Singh) to adopt Resolution R2022-09 approving the Reorganization of the Finance Department, and approve an amendment to new and existing job descriptions.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
C.10. 22‑035 Adopt Resolution R2022-10 approving the Memorandum of Understanding and Side Letter for the Manteca Professional Firefighters IAFF Local 1874.
C.11. 22‑029 Approved the formation of a new Confidential Employee Unit (“CEU”) and approved the Corresponding Memorandum of Understanding (“MOU”).
C.12. 22‑005 Waived the final reading by substitution of the title and adopted an Ordinance O2022-01 amending Section 13.16.011 of the Manteca Municipal Code, regarding the Industrial Sewer System Service Charge for Eckert Cold Storage.
C.13. 22‑008 Waived the final reading by substitution of the title and adopted an Ordinance O2022-02 approving a Rezone and a Planned Development Overlay for Paradise Villas Townhomes.
Pulled by Councilmember Breitenbucher.
C.14. 22‑009 Waive the final reading by substitution of the title and adopt 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.
Acting City Clerk Nashed provided a brief report.
Maxie Terry-Sellers provided a public comment regarding the item.
Mayor Cantu provided clarification regarding the timeline in which each district will be able to vote for their Council representative. Councilmember Singh provided additional information regarding his term.
ACTION: Moved, seconded (Breitenbucher/Nuño) to waive the final reading by substitution of the title and adopt Ordinance O2022-03 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, Singh, Cantu
NOES: None
Pulled by Mayor Cantu.
C.15. 22‑010 Waive the final reading by substitution of the title and adopt an ordinance adding Chapters 3.40 and 3.42 to the Municipal Code, regarding short‑term rentals.
City Attorney L. David Nefouse provided a brief report.
Acting City Clerk Nashed read public comment into the record from Rick Jones regarding the item.
City Attorney Nefouse stated that there had been public outreach and engagement prior to the drafting of the ordinance.
Council discussion ensued with Acting City Clerk Nashed and City Attorney Nefouse regarding previous communications from Rick Jones regarding the topic of short-term rentals and the purpose of the proposed ordinance.
ACTION: Moved, seconded (Breitenbucher/Singh) to waive the final reading by substitution of the title and adopt Ordinance O2022-04 adding Chapters 3.40 and 3.42 to the Municipal Code, regarding short‑term rentals.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
D. DISCUSSION ITEMS:
D.1. 22‑019 Receive Manteca Park Municipal Golf Course Fee Study Report and adopt a resolution approving fee increases as outlined in Exhibit A.
Deputy Director of Public Works – Maintenance and Operations Kevin Fant and Pro Forma Advisors LLC Consultant Gene Krekorian provided a PowerPoint presentation.
Council discussion ensued with Deputy Director of Public Works – Maintenance and Operations Fant, Pro Forma Advisors Consultant Krekorian, Golf Pro Representative Jeff Debennedetti, and City Manager Toby Wells regarding funds generated and needed within the next 20 years for the Manteca Golf Course, golf fees of surrounding areas’ golf courses, past practice of needing to subsidize from General Fund accounts, the possibility of fundraisers and community outreach, and a suggestion to move forward with approving the weekday and weekend fees and returning to Council at a later date to discuss the Monthly Pass fees.
Judy Blumhorst provided public comment regarding the item.
ACTION: Moved, seconded (Singh/Halford) to adopt Resolution R2022-11 approving Weekday and Weekend fee increases as presented by staff and direct staff to return to Council at a later date with recommendations for the Monthly Pass fees.
Motion carried:
AYES: Halford, Nuño, Singh
NOES: Breitenbucher, Cantu
Mayor Cantu adjourned to recess at 9:00 p.m.
Mayor Cantu reconvened the meeting at 9:11 p.m.
E. PUBLIC HEARINGS:
E.1. 21‑600 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 the property owner for a 10,520 square foot property for installation of the Southwest Manteca Regional Sewer Lift Station and a 70,797 square foot property for the Joshua Street right‑of‑way.
Mayor Cantu opened the Public Hearing at 9:13 p.m.
Associate Engineer Lauren Silva provided a brief report.
Meritage Homes Representative Jeremy Goulart provided public comment regarding the item.
Lennar Homes Representative Kelsey Barclay provided public comment regarding the item.
Mayor Cantu closed the Public Hearing at 9:16 p.m.
ACTION: Moved, seconded (Nuño/Breitenbucher) to adopt Resolution R2022-12 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 the property owner for a 10,520 square foot property for installation of the Southwest Manteca Regional Sewer Lift Station and a 70,797 square foot property for the Joshua Street right‑of‑way.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
ITEM REMOVED FROM AGENDA
E.2. 22‑004 Adopt a resolution approving a Tentative Subdivision Map for the Farmhouse Subdivision located at 1825 & 1965 S. Union Road (File Nos.
SDJ 20‑99), and waive the first reading by substitution of the title and introduce an ordinance approving a Rezone and Planned Development Overlay for Farmhouse Subdivision. (File Nos. REZ 21‑145, and PD 21‑145).
E.3. 22‑003 Adopt a Resolution approving a Tentative Subdivision Map (File No. SDJ 18‑103) for the BMW Homesites Development.
Mayor Cantu recused himself and left the room at 9:16 p.m.
Deputy Director of Development Services – Planning Jeffery Hightower provided a PowerPoint presentation.
Discussion ensued with Councilmember Nuño, Councilmember Singh and Deputy Director of Development Services – Planning Hightower regarding development flexibility on the property and whether the adjacent vacant parcel is part of the project.
Vice Mayor Halford opened the Public Hearing at 9:20 p.m.
North Star Engineering Group Director of Engineering Tony de Melo provided public comment regarding the item.
Vice Mayor Halford closed the Public Hearing at 9:21 p.m.
ACTION: Moved, seconded (Singh/Breitenbucher) to adopt Resolution R2022-13 approving a Tentative Subdivision Map (File No. SDJ 18‑103) for the BMW Homesites Development.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh
NOES: None
RECUSED: Cantu
Mayor Cantu returned to the meeting at 9:24 p.m.
E.4. 22‑015 Waive the first reading by substitution of the title and introduce an 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.
Deputy Director of Development Services – Planning Hightower and Associate Planner Toben Barnum provided a PowerPoint Presentation.
Mayor Cantu opened the Public Hearing at 9:31 p.m.
Trumark Homes Director of Land Development Heide Antonescu provided public comment regarding the item and provided a Supp II.
William Wohle provided public comment regarding the item.
Joseph Wigmer provided public comment regarding the item.
Mayor Cantu closed the Public Hearing at 9:47 p.m.
Council discussion ensued with Deputy Director of Development Services – Planning Hightower, Associate Planner Toben Barnum, Director of Development Services Erias and Traffic Engineering Consultant Ken Anderson regarding the development’s entrance and exit points, traffic concerns at Southland Road, the changing road conditions since the last traffic study completed in 2005, and road improvements at Cottage and Southland.
ACTION: Moved, seconded (Cantu/Halford) to continue the meeting past 10:00 p.m.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
Gilbert Calville provided public comment regarding the item.
ACTION: Moved, seconded (Nuño/Singh) to continue the item pending a traffic study for the intersection of Cottage Avenue and Southland Road.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
E.5. 21‑606 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).
Deputy City Attorney Carrie Woolley and Associate Planner Barnum provided brief reports.
Mayor Cantu opened the Public Hearing at 10:52 p.m.
Applicant Ashely Sugar provided public comment regarding the item.
Planning Commissioner Ron Laffranchi provided public comment regarding the item.
Applicant Ashley Sugar provided further public comment regarding the item.
Mayor Cantu closed the Public Hearing at 11:00 p.m.
Council discussion ensued with City Attorney Nefouse regarding the manner with which the Planning Commission conducted the Public Hearing for this item and the obligation of Council for this item at this Public Hearing.
Further Council discussion ensued regarding Council support of project and the preference for the alternate design for the project.
ACTION: Moved, seconded (Singh/Breitenbucher) to adopt Resolution R2022-14 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), with the use of the alternate revision design and look into approving the alley up to the garage door.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
ACTION: Moved, seconded (Cantu/Nuño) to waive the appellant’s fee.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh, Cantu
NOES: None
Council consensus was received to review the Planning Commission decision for a possible conflict of interest, to discuss with Council at a later date.
F. CITY MANAGER COMMENTS:
City Manager Wells announced the Point In Time Count held on Tuesday, January 25th at 6:00 a.m. to count all homeless in Manteca; and announced the rescheduling of the City Council Goal Setting to March 3rd.
G. COUNCIL COMMENTS:
Councilmember Singh recommended to revisit the Food Truck Pilot program to see which direction to move forward with this item.
Deputy City Manager Toni Lundgren asked if Council is interested in expanding the Food Truck program.
Councilmember Nuño stated that, whereas, before it was not expanded previously, due to COVID-19.
City Manager Wells recommended the expansion of the program can be presented to City Council as a discussion item and Council consensus was received.
H. ADJOURNMENT: Mayor Cantu adjourned meeting at 11:19 p.m.
___________________________
OLIVIA NASHED
ACTING CITY CLERK