City Council Meeting
Regular Meeting Minutes of June 20, 2023 Page 1 of 8
REGULAR MEETING MINUTES
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
June 20, 2023
CALL TO ORDER: 6:04 p.m.
Roll Call:
Present: Breitenbucher, Halford, Nuño, Morowit, Singh
INVOCATION/FLAG SALUTE:
Invocation was led by Cynthia Jackson from Transformed Through Hope.
AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
Acting Assistant City Clerk Marco Martinez announced the following supplemental reports for Item C.2 and clarified that the item would need to be approved as amended:
• Fiscal Year 2023-2024 Budget Supplemental Changes
• Updated C.2 Staff Report – Updated Table
DISCLOSURE OF EX PARTE COMMUNICATIONS: None.
A. PUBLIC COMMENT:
Chin Hajenga provided public comment requesting the City close a public access point in her neighborhood and provided Mayor and Council with a Supplemental II.
Theo Pope provided public comment requesting to fly the Christian flag for Holy Week prior to Easter in 2024.
Maxie Terry-Sellers provided public comment requesting clarification on Prop. 218 noticing for the refuse collection fees.
B. CONSENT ITEMS:
ACTION: Moved, seconded (Halford/Morowit) to approve the Consent Calendar as it stands.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
Engineering:
B.1. 23-263 Adopted Resolution R2023-64 approving the Improvement Agreement for Griffin Park Unit No. 7, Tract 4140, Antone Raymus Parkway, Tinnin Road, and Traffic Signal at S. Main Street and Woodward Avenue, and Final Map for Griffin Park Unit No. 7, Tract 4140; authorized the City Manager to sign and take all necessary steps to effectuate the agreement; and authorized the Mayor to sign the Final Map.
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B.2. 23-261 Adopted Resolution R2023-65 approving the Improvement Agreement and Final Map for Oakwood Trails Unit No. 3, Tract 4139; authorized an expenditure of $86,887.20 from the McKinley Avenue Interchange Project, Capital Improvement Program project 11034; and authorized the City Manager to take all necessary steps to effectuate the Agreement.
B.3 23-262 Adopted Resolution R2023-66 accepting two Grant Deeds from P.D. Danna, LLC, a California Limited Liability Company, and P.L. Danna, LLC, a California Limited Liability Company, which will grant to the City 14,838 square feet of real property from 3031 W. Woodward Avenue and 1,346 square feet of real property from 3019 W. Woodward Avenue for widening and realignment of Yukon Territory Avenue.
B.4. 23-254 Adopted Resolution R2023-67 approving an amendment to the Improvement Agreement (Amendment No. 2) for Denali Unit No. 2 - Offsite Improvements, modifying SCHEDULE B, Transportation System, Table 1, Transportation System P.F.I.P. Reimbursement, decreasing the amount from $$1,188,157.88 to $976,832.88; approved an appropriation of $207,181.38 from the PFIP Transportation undesignated reserves into the S. McKinley Improvement Project (CIP 19066); and authorized the City Manager to sign and take all necessary steps to effectuate the amendment.
B.5. 23-196 Adopted Resolution R2023-68 1) approving Amendment No. 1 to the Professional Services Agreement with WSP USA, Inc. (C2022-77), increasing the compensation amount by $587,083, and extending the time of performance, for Construction Management Services; 2) approved Amendment No. 9 to the Professional Services Agreement with HDR Engineering, Inc. (A3625), increasing the compensation amount by $208,452.74, modifying the scope of services, and extending the time of performance, for Engineering Services during construction; 3) appropriated $795,535.74 from PFIP to Capital Improvement Transportation Interchanges (Account No.
590.00.00.900-8150.41); and 4) authorized the City Manager or designee to execute, apply for permits, apply for State and Federal grants, solicit project funding support, complete and execute all associated documents, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
B.6. 23-234 Adopted Resolution R2023-69 approving grading and construction of improvements prior to filing of the Final Map for the Villa Ticino West Unit 6 subdivision.
B.7. 23-235 Adopted Resolution R2023-70 accepting the improvement work and Notice of Completion for the Airport Way Pavement Improvement Project (CIP 11027) & Library Parking Lot Renovation (CIP 22062); authorized the City Clerk to file a Notice of Completion; authorized the City Manager or designee to complete and execute all associated documents, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
B.8. 23-194 Adopted Resolution R2023-71 (1) approving Plans and Specifications for the Corwin Drive & Suess Court Water & Sewer Line Installation Project CIP No. 23008, (2) approved the California Environmental Quality Act Notice of Exemption determination for the Project, (3) authorized a Call for Bids, and (4) authorized the City Manager or designee to apply for permits, apply for State and Federal grants, solicit project funding support, complete and execute all ATTACHMENT 4
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associated documents, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
B.9. 23-255 Approved partial acceptance of public improvements for the Thomas Street Subdivision, Tract 4110, in accordance with the Subdivision Partial Acceptance Policy, Resolution 2008-150.
B.10. 23-253 Adopted Resolution R2023-72 1) accepting Nor-Cal Pump & Well Drilling’s bid as the lowest responsive and responsible bid for the subject project; 2) adopted the project specific Labor Compliance Plan developed for the subject project as required by the Proposition 84 Grant; 3) authorized the City Manager or designee to execute a construction contract with Nor-Cal Pump & Well Drilling for the subject project in the amount of $927,853, issue change orders, extend the construction contract, and approve project construction contingency not to exceed 15% for a total not to exceed construction budget of $1,067,031; 4) authorized the City Manager or designee to execute the Professional Services Agreement with Brown & Caldwell for construction management and inspection services for the subject project in the amount of $206,867, issue change orders, extend the Profession Services Agreement, and approve project contingency not to exceed 15% for a total not to exceed construction management budget of $237,898; and 5) apply for permits, apply for State and Federal grants, solicit project funding support, complete and execute all associated documents, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
B.11. 23-257 Adopted Resolution R2023-73 authorizing the City Manager or designee to 1) approve the Local Roadway Safety Plan (LRSP); 2) to apply for permits, apply for State and Federal grants, solicit project funding support, complete and execute all associated documents, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
B.12. 23-260 Adopted Resolution R2023-74 authorizing the City Manager or designee to 1) execute Amendment No. 1 to the Professional Services Agreement with Pacific Advanced Civil Engineers, Inc. in the amount of $328,330 for Engineering Services; and 2) apply for permits, apply for State and Federal grants, solicit project funding support, complete and execute all associated documents, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
Finance:
B.13. 23-267 Receive and file the Annual Report by the Public Safety Sales Tax Oversight Committee.
B.14. 23-175 Adopted Resolutions R2023-75 and R2023-76 declaring the City’s intention to levy annual assessments, and approved the Engineer’s Annual Levy Report for the City's Benefit Assessment Districts and Landscape Maintenance Districts for Fiscal Year 2023-24.
B.15. 23-241 Adopted Resolution R2023-77 amending the Fiscal Year 2019-20, Fiscal Year 2020-21, Fiscal Year 2021-22, and Fiscal Year 2022-23 Gann Appropriations Limits, and approving the Fiscal Year 2023-24 Gann Appropriations Limit.
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Legislative Services/City Clerk:
B.16. 23-222 Approved the May 16, 2023, Special and Regular Meeting Minutes, May 26, 2023, Special Meeting Minutes and June 2, 2023, Special Meeting Minutes.
Public Works:
B.17. 23-216 Adopted Resolution R2023-78 authorizing the filing of the Low Carbon Transit Operations Program (LCTOP) Application, Certification and Assurances, and the Designation of Authorized Agents.
B.18. 23-219 Adopted Resolution R2023-79 approving Change Order No. 1 with Conco West, Inc., for a contract increase of $1,812.78 for a total compensation amount not-to-exceed $358,912.78; accepted the Wastewater Quality Control Facility (WQCF) Glycerin System Project (CIP 22060) as completed; authorized the City Clerk to file a Notice of Completion; and authorized the release of the retention payment thirty-five (35) days after the date of acceptance.
B.19. 23-233 Approved a Professional Services Agreement with Badger Meter, Inc, for Beacon Advanced Metering Mobile services in an amount not-to-exceed $900,000 ($300,000/annually); authorized the City Manager to execute the agreement, all associated documents, and optional extensions.
B.20. 23-252 Adopted Resolution R2023-80 approving Manteca Transit Zero Emission Bus Rollout Plan for submittal to and in compliance with the California Air Resources Board’s (CARB) and innovative Clean Transit (ICT) mandate.
B.21. 23-265 Motion authorizing staff to proceed with Proposition 218 noticing process to hold a public hearing on August 15, 2023 for an increase of Solid Waste Rates and Fees based upon the Residential and Commercial Solid Waste Rate Study conducted by International Engineering Services, Inc.
C. PUBLIC HEARINGS:
C.1. 23-245 1) Hold a Public Hearing to consider formation proceeding and election for City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities); 2) Adopt a resolution to form the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities), designate Improvement Area No. 1 therein and establish a future annexation area, and to authorize the levy of special taxes therein to finance the acquisition and construction of certain public facilities; 3) Adopt a resolution deeming it necessary to incur bonded indebtedness in and for the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities) in an amount not to exceed $24,000,000 to finance the acquisition and construction of certain facilities; 4) Adopt a resolution calling special election in and for the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities); 5) Hold landowner election; 6) Adopt a resolution declaring election results of City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities); and, 7) Waive the first reading by substitution of the title and introduce an ordinance of the City Council of the City of Manteca levying special taxes within City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities).
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Deputy Director of Development Services Brad Wungluck provided a brief report.
Mayor Singh opened the public hearing at 6:19 p.m.
Seeing no one come forward; Mayor Singh closed the public hearing at 6:20 p.m.
ACTION: Moved, seconded (Breitenbucher/Nuño) to adopt Resolution R2023- 81 to form the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities), designate Improvement Area No. 1 therein and establish a future annexation area, and to authorize the levy of special taxes therein to finance the acquisition and construction of certain public facilities.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
ACTION: Moved, seconded (Morowit/Breitenbucher) to adopt Resolution R2023-82 deeming it necessary to incur bonded indebtedness in and for the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities) in an amount not to exceed $24,000,000 to finance the acquisition and construction of certain facilities.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
ACTION: Moved, seconded (Nuño/Breitenbucher) to adopt Resolution R2023- 83 calling a special election in and for the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities).
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
Acting Assistant City Clerk Martinez opened the first sealed ballot and announced the results of one ballot received with 24 votes casted for YES.
Acting Assistant City Clerk Martinez opened the second sealed ballot and announced the results of one ballot received with 17 votes casted for YES.
ACTION: Moved, seconded (Breitenbucher/Halford) to adopt Resolution R2023-84 declaring election results of City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities).
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
ACTION: Moved, seconded (Nuño/Breitenbucher) to 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, authorizing the levy of special taxes in a Community Facilities District, CFD No. 2023-1 (Villa Ticino West Facilities).
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Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
C.2. 23-178 Adopt a resolution adopting the Annual Budget for the City of Manteca for Fiscal Year 2023-24.
City Manager Toni Lundgren provided a brief introduction of the staff report.
Acting Director of Finance Jared Hansen provided a PowerPoint presentation.
Mayor Singh opened the public hearing at 6:35 p.m.
Seeing no one come forward; Mayor Singh closed the public hearing at 6:36 p.m.
Acting Assistant City Clerk Marco Martinez announced a Supplemental II – updated table, was received by the Finance Department for this item.
ACTION: Moved, seconded (Halford/Nuño) to adopt Resolution R2023-85 adopting the Annual Budget, as amended, for the City of Manteca for Fiscal Year 2023-24.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Morowit, Singh
NOES: None
C.3. 23-247 Adopt a resolution adopting the Indelicato Annexation IS/MND and Mitigation Monitoring and Reporting Program; adopt a resolution approving the annexation of 40 acres of land known as Indelicato Annexation Project area and authorize staff to apply for annexation to LAFCo; 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 the zoning map to approve a pre-zone for the Indelicato Annexation Project (File No. PRZ21-105); and adopt a resolution approving a Tentative Subdivision Map for the 173 unit Indelicato Tentative Subdivision Project (File Nos. ANX21-104, GPA23-036, PRZ21-105, and SDJ21-106 (SCH# 2023040168).
Deputy Director of Development Services Lea Simvoulakis provided a PowerPoint presentation.
Mayor Singh opened the public hearing at 6:47 p.m.
Bill Barnhart commented on the item.
Norm Hauser commented on the item.
Doug Ledeboer commented on the item.
Theo Pope commented on the item.
Mayor Singh closed the public hearing at 6:59 p.m.
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ACTION: Moved, seconded (Morowit/Breitenbucher) to adopt Resolution R2023-86 adopting the Indelicato Annexation IS/MND and Mitigation Monitoring and Reporting Program; adopt Resolution R2023-87 approving the annexation of 40 acres of land known as Indelicato Annexation Project area and authorized staff to apply for annexation to LAFCo; waived 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 the zoning map to approve a pre zone for the Indelicato Annexation Project (File No. PRZ21 105); and adopt Resolution R2023-88 approving a Tentative Subdivision Map for the 173 unit Indelicato Tentative Subdivision Project (File Nos. ANX21 104, GPA23 036, PRZ21 105, and SDJ21 106 (SCH# 2023040168).
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Morowit, Singh
NOES: None
D. DISCUSSION ITEMS:
D.1. 23-264 Approval of the Contract for Toni Lundgren as City Manager.
City Attorney David Nefouse provided a brief introduction of the agenda report.
Bill Barnhart commented on the item.
Judy Blumhorst commented on the item.
ACTION: Moved, seconded (Breitenbucher/Halford) to approve the contract for Toni Lundgren as City Manager
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Morowit, Singh
NOES: None
E. CITY MANAGER COMMENTS:
Interim City Manager Toni Lundgren thanked Judy Blumhorst for the flowers presented to staff and to City Council; thanked staff and the Finance team for their hard work on the budget; wished everyone a Happy 4th of July; announced June 24, 2023 as the last Market on Maple event for the year; announced the City hosted food truck frenzy event at 5 p.m. on June 24, 2023, at Woodard Park; announced City of Manteca Night on June 29, 2023 at the Stockton Ports baseball game; announced the Kiwanis 4th of July parade, and a fireworks show at Big League Dreams; and announced the Manteca Police Department’s Coffee with a Cop event on July 6, 2023 at the at Starbucks on South Union Road from 10:00 a.m. to 11:00 a.m.
F. COUNCIL COMMENTS:
Councilmember Halford wished everyone a Happy 4th of July; announced the return of the Kiwanis 4th of July pancake breakfast from 7:00 a.m. – 10:00 a.m.; announced Mayor Singh would participate in the dunk tank at Prestige Senior Living on June 23, 2023, expressed gratitude for the completion of the budget process; and commented on homelessness.
Councilmember Nuño, announced Mayor Singh would participate in the dunk tank at Prestige Senior Living on June 23, 2023; wished everyone a Happy 4th of July; and congratulated staff on the budget process.
Councilmember Breitenbucher wished everyone a belated Happy Father’s Day; announced lap swim was open at Lincoln pool from 8:00 a.m. - 11:30 a.m. Monday through Thursday; announced Manteca ATTACHMENT 4
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Youth Focus competitions at Crossroads on June 24, 2023 from 9:30 a.m. – 12:00 p.m. and 3:00 p.m. – 5:00 p.m.; announced Manteca Dolphins hosting their first invitational at Manteca High School on June 24, 2023 at 9:00 a.m.; announced the City-hosted food truck frenzy on June 24, 2023 at Woodard Park; and wished everyone a Happy 4th of July.
Vice Mayor Morowit expressed appreciation for the budget process; announced the 4th of July parade; addressed public comment from Theo Pope and requested City Council consensus for raising a Christian flag for Holy Week for next year, and wished everyone a happy 4th of July. Note: City Council consensus was not received.
Mayor Singh thanked everyone for a good meeting; thanked budget staff for all of their hard work; congratulated Toni Lundgren on her City Manager appointment; announced the 4th of July holiday and the Police Department and Fire Department efforts to address illegal fireworks; and encouraged citizens use the Nail’em app.
G. ADJOURNMENT: Mayor Singh adjourned the meeting at 7:23 p.m. ___________________________
MARCO MARTINEZ
ACTING ASSISTANT CITY CLERK
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