REGULAR MEETING MINUTES
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
September 20, 2022
Councilmember Breitenbucher and Vice Mayor Halford attended the meeting via teleconference.
CALL TO ORDER: 7:00 p.m.
Roll Call:
Present: Breitenbucher, Nuño, Singh, Halford, Cantu
City Clerk Cassandra Candini-Tilton announced teleconference information.
INVOCATION/FLAG SALUTE: Invocation was led by Rick Lackey, Crossroads Grace.
AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
City Clerk Cassandra Candini-Tilton announced the following:
Supplemental reports:
• Updated attachment 2 – Salary Matrix for item B.16
• Updated attachment 3 – 8/16/22 Special Meeting Minutes for item B. 20 • Updated fiscal impact and attachment 1 – resolution for item B.22 Agenda changes:
City Clerk Candini-Tilton announced staff requested item B.14 be pulled from the agenda to be heard at a future meeting.
ACTION: Moved, seconded (Singh/Nuño) to remove item B.14 from the agenda.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
City Clerk Candini-Tilton announced staff requested item B.2 be removed from the consent calendar and be heard with item C.3.
ACTION: Moved, seconded (Halford/Singh) to remove item B.2 from the consent calendar and be heard with item. C.3.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ATTACHMENT 2
ABSENT: None
City Clerk Candini-Tilton announced Councilmember Breitenbucher requested item B.17 be removed from the consent calendar and be heard after item D.1.
ACTION: Moved, seconded (Singh/Cantu) to remove item B.17 from the consent calendar and be heard after item. D.1.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
A. PUBLIC COMMENT:
Glenda Rojas provided public comment regarding the Manteca Animal Shelter.
Natasha Perez provided public comment regarding the Manteca Animal Shelter.
Nikita Perez provided public comment regarding the Manteca Animal Shelter.
Rosalinda Valencia provided comment regarding a City of Manteca press release.
Heather Fogg provided public comment regarding the Manteca Animal Shelter.
Eustacia Hall provided public comment regarding the Manteca Animal Shelter.
Gabriel Mendoza provided public comment regarding the Manteca Animal Shelter.
Autumn Colunga provided public comment regarding the Manteca Animal Shelter.
Maxie Terry-Sellers provided public comment regarding a housing development.
Ruth Figueroa provided public comment regarding the Manteca Animal Shelter.
Mercedes Martinez provided public comment regarding the Manteca Animal Shelter.
Raquel Fresquez provided public comment regarding the Manteca Animal Shelter.
Jocelyn Arjon provided public comment regarding the Manteca Animal Shelter.
Supplemental II submitted by Sarah W regarding the Manteca Animal Shelter B. CONSENT ITEMS:
ACTION: Moved, seconded (Singh/Nuño) to approve the Consent Calendar with the exception of items B.2, B.16, B.17, B.20, and B. 22 pulled for discussion.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
City Manager:
B.1. 22-328 Adopted Resolution R2022-152 continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID-19).
ATTACHMENT 2
Development Services:
B.2. 22-470 Item moved to be heard with item C.3
Adopt a resolution making express findings and determinations that modifications to the 2022 California Building, Residential, Plumbing, and Mechanical Codes are reasonably necessary because of local climatic, geological, or topographical conditions.
Engineering:
B.3. 22-344 Adopted Resolution R2022-153 accepting a Grant Deed from Madan Mohan Das, for an Emergency Vehicle Access Easement located at 448 and 456 East Alameda Street.
B.4. 22-360 Adopted Resolution R2022-154 amending the Capital Improvement Plan transferring $72,000 from the Gas Tax/ Street Improvement Fund (420.00.00.900-8150.46) to the Subsidized Street Project Fund (480.00.00.900-8150.02) for the Local Road Safety Plan Project (CIP No. 22037), approving a budget appropriation of $72,000 to the Subsidized Street Project Fund Intergovernmental Grants revenue account in Fund 480 (specific account number to be determined by Finance), awarding a contract to Kimley-Horn and Associates, Inc. for Professional Engineering Services to prepare a Local Road Safety Plan (LRSP) for an amount not-to-exceed $79,920.40, and authorized the City Manager or designee to sign the agreement and associated documents.
B.5. 22-455 Adopted Resolution R2022-155 for the Statement of Consistency pursuant to Executive Order N-7-22 and Findings of Fact for construction of a new groundwater irrigation well in the Villa Ticino West subdivision for irrigation of a park; and authorized the City Engineer to take all necessary steps to comply with the terms of the Executive Order.
B.6. 22-462 Approved partial acceptance of public improvements in accordance with the Subdivision Partial Acceptance Policy for the Cerri, Unit No. 3 subdivision, Tract 4066.
B.7. 22-472 Adopted Resolution R2022-156 approving the short list of qualified engineering firms to provide Environmental and Design Services for various upcoming improvement projects. The shortlist will be valid for a period of five (5) years, following approval by City Council.
B.8. 22-473 Adopted Resolution R2022-157 approving the short list of qualified engineering firms to provide Construction Management Services for various Federally and Locally Funded Improvement Projects. The shortlist will be valid for a period of five (5) years, following approval by City Council.
B.9. 22-475 Adopted Resolution R2022-158 approving a budget appropriation of $15,000 from Fund 640 Undesignated Reserves to account
640.00.00.900-8050.20 Wastewater Plant Improvements, determine ATTACHMENT 2
Conco West, Inc. to be the lowest responsive and responsible bidder for the WQCF Glycerin System Project (CIP 22060); awarding contract to same for an amount not-to-exceed $357,100; authorize the City manager, or designee, to sign the construction contract and associated documents, and approve project contingency funds to issue change orders in an amount not- to-exceed 15%, ($53,565) of the construction contract amount.
B.10. 22-477 Adopted Resolution R2022-159 adopting Caltrans Local Assistance Procedures Manual Chapter 10.
B.11. 22-479 Adopted Resolution R2022-160 approving a Professional Services Agreement with Wood Rodgers, Inc. for the preparation of plans and specifications for the Nile Garden Well 30 Water Supply Project (Project) for an amount not-to-exceed $505,447; authorized the City Manager or designee to sign the agreement and associated documents; approved project contingencies; issued change orders not-to-exceed 15% ($75,817) for a total not-to-exceed amount of $581,264.
B.12. 22-481 Adopted Resolution R2022-161 approving a Grant Deed that will grant 1,586 square feet of real property to the Pillsbury Road Partners, LLC, to correct the width of Lot “LC” along the south side of Lion Drive as dedicated on the Griffin Park Unit No. 2 Final Map.
B.13. 22-483 Adopted Resolution R2022-162 approving the Improvement Agreement for Shadowbrook Neighborhood 6 and the Final Map for Shadowbrook Neighborhoods 6 & 7, Tract 4010.
B.14. 22-484 Item was removed from the agenda
Adopt a resolution approving a Parcel Map for Jack Lewis II, Jennifer Lynn Nunes, and James Francis Lewis located at 1825 and 1965 South Union Road.
B.15. 22-508 Authorized Mayor to sign a letter of support requesting that the State Water Resources Control Board (State Water Board) set aside the Administrative Hearing Officer’s Proposed Order to cancel the City of Stockton pending Water Right Application 30531B.
Human Resources:
B.16. 22-436 Pulled by Councilmember Singh
Adopt a resolution approving a budget appropriation in the amount of $89,000 to fund the equity adjustment for the Instrument Technician/Electrician, Senior Instrument Technician and Lead Wastewater Plant Maintenance Technician and approve the Salary Matrix for Operating Engineers local No. 3 (OE3).
ACTION: Moved, seconded (Singh/Nuño) to adopt Resolution R2022-163 approving a budget appropriation in the amount of $89,000 to fund the equity adjustment for the Instrument Technician/Electrician, Senior Instrument Technician and Lead Wastewater Plant Maintenance ATTACHMENT 2
Technician and approve the Salary Matrix for Operating Engineers local No. 3 (OE3) as amended.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
B.17. 22-480 Item moved to be heard after item D.1
Adopt a resolution approving budget appropriations in the amount of $13,000 to fund the equity adjustment necessary to alleviate compaction between the Police Chief and Fire Chief and their immediate subordinates and approve the Salary Matrix for Executive Management effective September 1, 2022.
Information Technology and Innovation:
B.18. 22-482 Approved agreements with CALNET for Comcast Cable Communications for Ethernet Network Service (ENS) at seven City sites, totaling $6,250 per month, and authorized the City Manager to sign all necessary documents (CALNET IPR Agreement - Six (6-Sites) and CALNET IPR Agreement - One (1-Site).
Legislative Services/City Clerk:
B.19. 22-379 Adopted Resolution R2022-164 approving the 2022-2024 City of Manteca Conflict of Interest Code as required by the Political Reform Act.
B.20. 22-437 Pulled by Councilmember Nuño
Approval of City Council Meeting Minutes.
ACTION: Moved, seconded (Nuño/Singh) to approve City Council Meeting Minutes as amended.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
B.21. 22-446 Waived the second reading by substitution of the title and adopted Ordinance O2022-20 of the City Council of the City of Manteca, State of California, amending Manteca Municipal Code (MMC) Table 17.26.020-1, Development Standards for Manteca's Base Zoning Districts, to increase ATTACHMENT 2
the maximum building height within the Commercial Neighborhood (CN), Commercial General (CG) and Commercial Manufacturing (CM) zoning districts from 35 feet to 45 feet.
Police Department:
B.22. 22-478 Pulled by Councilmember Singh
Adopt a resolution accepting UC Davis Welcome Grant in the amount of $5,000 for the Manteca Animal Control Shelter and approve related budget appropriations.
ACTION: Moved, seconded (Singh/Nuño) to adopt Resolution R2022-165 accepting UC Davis Welcome Grant in the amount of $5,000 for the Manteca Animal Control Shelter and approve related budget appropriations as amended.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
Public Works:
B.23. 22-467 Approved the reclassification of a vacant Parks Maintenance Worker I to an Urban Forestry Technician.
B.24. 22-485 Adopted Resolution R2022-166 of intention for the proposed establishment of the City of Manteca Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services) (CFD) and establish a future annexation area.
B.25. 22-487 Authorized an Invitation to Bid for the F2E/Food Waste Processing Facility electrical and plumbing work project; the Mega Thor Turbo Food Separator at the Lovelace Transfer Station.
B.26. 22-493 Authorized staff to re-class the existing vacant position of Solid Waste Utility Worker to Solid Waste Equipment Operator; and proceed with the recruiting of Solid Waste Equipment Operator I or II.
C. PUBLIC HEARINGS:
C.1. 22-453 Conduct a public hearing to consider the proposed Mossdale Tract Regional Development Impact Fee Update Nexus Study (Nexus Study), receive public input, and upon conclusion of the public hearing, adopt a resolution that, (1) approves and adopts the Nexus Study; (2) states that the Updated Nexus Study supersedes any prior nexus study adopted in relation to development impact fees for the Mossdale Tract area; (3) ATTACHMENT 2
states that proposed development impact fee shall be considered for adoption by ordinance at a second scheduled public hearing on September 20, 2022; (4) approves the Amended Agreement for Collection of San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee; (5) delegates authority to the City Manager to execute the amended collection agreement, substantially in the form attached, with the San Joaquin Area Flood Control Agency (SJAFCA), San Joaquin County, and the cities of Lathrop and Stockton; and (6) determines that adoption of this Resolution is not a “project” subject to the California Environmental Quality Act.
Director of Engineering provided brief report and introduced Seth Wurzel with Larsen Wurzel & Associates, who provided a PowerPoint presentation.
Mayor Cantu opened the public hearing at 8:39 p.m.
Maxie Terry-Sellers commented on the item.
Dennis Raff commented on the item.
Chris Elias commented on the item.
Judy Blumhorst commented on the item.
Mayor Cantu closed the public hearing at 8:49 p.m.
ACTION: Moved, seconded (Halford/Breitenbucher) to adopt Resolution R2022-167 that, (1) approves and adopts the Nexus Study; (2) states that the Updated Nexus Study supersedes any prior nexus study adopted in relation to development impact fees for the Mossdale Tract area; (3) states that proposed development impact fee shall be considered for adoption by ordinance at a second scheduled public hearing on September 20, 2022; (4) approves the Amended Agreement for Collection of San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee; (5) delegates authority to the City Manager to execute the amended collection agreement, substantially in the form attached, with the San Joaquin Area Flood Control Agency (SJAFCA), San Joaquin County, and the cities of Lathrop and Stockton; and (6) determines that adoption of this Resolution is not a “project” subject to the California Environmental Quality Act.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
ATTACHMENT 2
C.2. 22-476 Waive the first reading by substitution of the title and introduce an ordinance of the City Council of the City of Manteca, State of California, amending Manteca Municipal Code (MMC), Title 13 Public Services, Chapter 13.50, Interim Urban Level of Flood Protection Levee Impact Fee (amended chapter title: Regional Urban Level of Flood Protection Levee Impact Fee); and adopt a resolution establishing the proposed Regional Urban Level of Flood Protection Development Impact Fee for projects within Mossdale Tract Area.
Director of Engineering provided brief report.
Mayor Cantu opened the public hearing at 9:04 p.m.; seeing no one came forward, Mayor Cantu closed the public hearing at 9:04 p.m.
ACTION: Moved, seconded (Singh/Cantu) to waive the first reading by substitution of the title and introduced an ordinance of the City Council of the City of Manteca, State of California, amending Manteca Municipal Code (MMC), Title 13 Public Services, Chapter 13.50, Interim Urban Level of Flood Protection Levee Impact Fee (amended chapter title:
Regional Urban Level of Flood Protection Levee Impact Fee); and adopted Resolution R2022-168 establishing the proposed Regional Urban Level of Flood Protection Development Impact Fee for projects within Mossdale Tract Area.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
C.3. 22-468 Waive the first reading by substitution of the title and introduce an ordinance of the City Council of the City of Manteca amending Title 15, Buildings and Construction, and adopting by reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, and 12, including identified appendices), including adoption of local amendments to the Building Standards Code.
B.2. 22-470 Item announced and heard with item C.3
Adopt a resolution making express findings and determinations that modifications to the 2022 California Building, Residential, Plumbing, and Mechanical Codes are reasonably necessary because of local climatic, geological, or topographical conditions.
Deputy Director of Development Services Brad Wungluck provided a brief report on items C.3 and B.2.
ATTACHMENT 2
Mayor Cantu opened the public hearing at 9:08 p.m.; seeing no one came forward, Mayor Cantu closed the public hearing at 9:08 p.m.
ACTION: Moved, seconded (Nuño/Singh) to adopt Resolution R2022-169 making express findings and determinations that modifications to the 2022 California Building, Residential, Plumbing, and Mechanical Codes are reasonably necessary because of local climatic, geological, or topographical conditions.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
ACTION: Moved, seconded (Nuño/Singh) to Waive the first reading by substitution of the title and introduce an ordinance of the City Council of the City of Manteca amending Title 15, Buildings and Construction, and adopting by reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, and 12, including identified appendices), including adoption of local amendments to the Building Standards Code.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
C.4. 22-507 **Previously Noticed to be heard; will be heard at the October 4, 2022, City Council Meeting.**
Adopt a resolution approving the Site Plan and Design Review and Planned Development, with Conditions of Approval for the Manteca Marriott Courtyard project (SPC 22-22 and PCD 22-19); and Waive the first reading by substitution of the title and introduce an ordinance of the City of Manteca, State of California, amending Ordinance No. 1501, the zoning ordinance, as amended, a zoning map change for the Manteca Marriott Courtyard project (REZ-22-21).
Mayor Cantu adjourned to recess at 9:11 p.m.
Mayor Cantu reconvened the meeting at 9:25 p.m.
ATTACHMENT 2
D. DISCUSSION ITEMS:
D.1. 22-490 Approval of Amendment to the Contract for Toni Lundgren as Interim City Manager.
City Attorney David Nefouse provided a brief report.
ACTION: Moved, seconded (Halford/Nuño) to Amendment to the Contract for Toni Lundgren as Interim City Manager.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: NO
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
B.17. 22-480 Pulled by Councilmember Breitenbucher
Adopt a resolution approving budget appropriations in the amount of $13,000 to fund the equity adjustment necessary to alleviate compaction between the Police Chief and Fire Chief and their immediate subordinates and approve the Salary Matrix for Executive Management effective September 1, 2022.
ACTION: Moved, seconded (Halford/Singh) to adopt Resolution R2022-170 approving budget appropriations in the amount of $13,000 to fund the equity adjustment necessary to alleviate compaction between the Police Chief and Fire Chief and their immediate subordinates and approve the Salary Matrix for Executive Management effective September 1, 2022.
Motion carried:
ROLL CALL VOTE:
Councilmember Breitenbucher: AYE
Councilmember Nuño: AYE
Councilmember Singh: AYE
Vice Mayor Halford: AYE
Mayor Cantu: AYE
ABSENT: None
E. CITY MANAGER COMMENTS:
Interim City Manager Toni Lundgren thanked City Council for the Interim City Manager Contract amendment.
Interim Assistant City Manager Jose Jasso congratulated the East Union Cemetery for 150-year anniversary; announced Market on Maple September 24, 2022; announced ATTACHMENT 2
homeless summit being held September 22, 2022; announced Music on Maple September 29, 2022; thanked City Council for contact extension approval and wished everyone a happy first day of fall September 22, 2022.
F. COUNCIL COMMENTS:
Vice Mayor Halford announced his Cal Cities annual conference travel and thanked City Council and staff for a good meeting.
Councilmember Breitenbucher announced his Cal Cities annual conference travel and made remarks about City of Manteca possibly acquiring an electronic billboard.
Councilmember Singh announced his Cal Cities annual conference travel; announced October 1st and 2nd the Manteca Pumpkin Fair will be held downtown; and thanked City Council and staff for a good meeting.
Councilmember Nuño announced he attended the Empty Bowls and East Union 150-year anniversary events over the past weekend.
Mayor Cantu announced his Cal Cities annual conference travel; thanked City Council and staff for a good meeting; and announced he is looking forward to the upcoming Manteca Animal Shelter issue on an upcoming agenda.
G. ADJOURNMENT: Mayor Cantu adjourned the meeting at 9:45 p.m.
___________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
ATTACHMENT 2