City Council Meeting
Regular Meeting Minutes of July 18, 2023 Page 1 of 8
REGULAR MEETING MINUTES
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
July 18, 2023
CALL TO ORDER: 6:05 p.m.
Roll Call:
Present: Breitenbucher, Halford, Nuño, Morowit, Singh
INVOCATION/FLAG SALUTE:
Invocation was led by Frank Azad from Bahai Faith.
AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
City Clerk Cassandra Candini-Tilton announced the following supplemental reports:
• Public Comment provided by Sachman Singh
• Item D.3 – DeNovo PowerPoint Presentation, Amended Resolution, and Communication from Steven Herum
City Clerk Candini-Tilton announced the following changes to the agenda:
• Staff requested item C.2 be heard after agenda item E.1 ACTION: Moved, seconded (Nuño/Breitenbucher) to hear agenda item C.2 after agenda item E.1.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
• Staff requested item F.2 to be heard following Public Comment.
ACTION: Moved, seconded (Halford/Breitenbucher) to hear agenda item F.2 after Public Comment.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
A. PRESENTATIONS:
A.1. 23-244 Proclamation Honoring Parks and Recreation Month for July 2023.
The City Council presented a proclamation to Recreation Manager, Brandy Clark and staff.
B. PUBLIC COMMENT: None
F.2. 23-311 Receive and File 4th of July Action Report.
Don Pascarella provided public comment on the item.
ATTACHMENT 2
City Council Meeting
Regular Meeting Minutes of July 18, 2023 Page 2 of 8
Clerk Note: City Council consensus was received to bring back item in the next few months for a fireworks’ plan for 2024.
C. CONSENT ITEMS:
ACTION: Moved, seconded (Halford/Morowit) to approve the Consent Calendar with the exception of items C.3, C.4, and C.17 pulled for discussion.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
City Attorney:
C.1. 23-314 Waived the first reading by substitution of the title and introduced an Ordinance of the City Council of the City of Manteca, State of California, Repealing Title 5 Business Taxes, Licenses, and Regulations, Chapter
5.36, Private Patrol Operators and Protection Dog Operators; and Adding Chapter 5.36 Private Patrol Operators and Regulations to the Manteca Municipal Code.
C.3. 23-316 Pulled by Councilmember Nuño
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, Adding Chapter 5.68 - the Solicitor and Peddler Permitting Program.
ACTION: Moved, seconded (Nuño/Halford) 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, Adding Chapter 5.68 - the Solicitor and Peddler Permitting Program, as amended to require display of permit and entity identification.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
City Manager:
C.4. 23-172 Pulled by Councilmember Halford and Vice Mayor Morowit Receive and file 2023 Work Plan pertaining to City Council goals and priorities.
ACTION: Moved, seconded (Halford/Breitenbucher) to Receive and file 2023 Work Plan pertaining to City Council goals and priorities.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
Development Services:
C.5. 23-282 Approved Professional Services Agreement with Raney Planning and Management for the continued preparation of the CAP Update in an amount not-to-exceed $160,200.
ATTACHMENT 2
City Council Meeting
Regular Meeting Minutes of July 18, 2023 Page 3 of 8
Engineering:
C.6. 23-300 Adopted Resolution R2023-89 determining DRYCO Construction, Inc. to be the lowest responsive and responsible bidder for the 2023 Annual Pavement Maintenance Project CIP 23036; awarded a construction contract to DRYCO Construction, Inc. for an amount not-to-exceed $1,183,292.80; approved project construction contingency not-to-exceed 15% ($177,494) and change orders not-to-exceed 7.5% ($88,747) for a total project cost of $1,449,533.80; and authorized the City Manager or designee to execute the construction contract, apply for permits, apply for State and Federal grants, solicit project funding support, complete and execute all associated documents.
C.7. 23-307 Adopted Resolution R2023-90 determining D.A. Wood Construction, Inc. as the lowest responsive and responsible bidder for the Corwin Drive & Suess Court Water & Sewer Line Installation Project CIP No. 23008; awarded the construction contract to D.A. Wood Construction, Inc. in the amount of $853,097; approved construction contingency not-to- exceed 10% for a total project cost of $938,407; authorized the City Manager or designee to execute the construction contract, approve change orders up to the total project cost, apply for permits, apply for State and Federal grants, solicit project funding support, complete and execute all associated documents.
C.8. 23-278 Adopted Resolution R2023-91 appointing Mr. Steve DeBrum as a public member to the San Joaquin Area Flood Control Agency Board of Directors and to the Enhanced Infrastructure Financing District Public Financing Authority, both for a period of two years.
C.9. 23-312 Adopted Resolution R2023-92 approving the Purchase and Sale Agreement between the City of Manteca and the South San Joaquin Irrigation District for the sale of unused industrial solar panels in the amount of $1,250,000.
Finance:
C.10. 23-243 Adopted Resolution R2023-93 authorizing the submittal of the Fiscal Year 2020-21 Transportation Development Act Claim Form to the San Joaquin Council of Governments for allocation of public transportation funds to the City of Manteca.
Legislative Services/City Clerk:
C.11. 23-292 Waived the second reading by substitution of the title and adopted Ordinance O2023-08 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).
C.12. 23-293 Waived the second reading by substitution of the title and adopted Ordinance O2023-09 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).
ATTACHMENT 2
City Council Meeting
Regular Meeting Minutes of July 18, 2023 Page 4 of 8
C.13. 23-295 Approved the June 14, 2023, Special Meeting Minutes and June 20, 2023, Special and Regular Meeting Minutes.
Police Department:
C.14. 23-301 Adopted Resolution R2023-94 authorizing an agreement with San Joaquin County, “San Joaquin County Special Assessment Charge Agreement”, to apply direct assessment of delinquent enforcement fees, fines, and abatement costs on the property owner as listed on the last equalized assessment roll maintained by the San Joaquin County assessor; authorized the City Manager to sign same; and certified and approved properties and delinquent amounts to be assessed on the San Joaquin County property tax roll of the property owner.
Public Works:
C.15. 23-273 Adopted Resolution R2023-95 approving a one (1) year agreement in an amount not-to-exceed $130,700 with Larry Walker Associates for specialized support of regulatory compliance of wastewater and stormwater operations; and authorized the City Manager or designee to sign the agreement and associated documents.
C.16. 23-274 Approved Amendment No. 1 to the Participating Member Agreement (A1314) with Underground Service Alert of Northern California and Nevada, dated April 20, 1992, increasing the compensation amount to a not-to-exceed amount of $15,000 annually, updating the Articles of Incorporation and Bylaws, and Operating Procedures; authorized the City Manager or designee to sign the amendment.
C.17. 23-277 Pulled by Councilmember Halford
Approve Amendment No. 1 to the General Services Agreement (C2021-178) with AdEdge Water Technologies LLC, increasing the compensation amount by $72,000 for a total not-to-exceed compensation amount of $834,000 and authorize the City Manager or designee to sign the amendment.
ACTION: Moved, seconded (Halford/Morowit) to Approve Amendment No. 1 to the General Services Agreement (C2021-178) with AdEdge Water Technologies LLC, increasing the compensation amount by $72,000 for a total not-to-exceed compensation amount of $834,000 and authorize the City Manager or designee to sign the amendment.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
D. PUBLIC HEARINGS:
D.1. 23-176 After receiving public testimony, the following actions are requested, (1) adopt a resolution ordering the levy and collection of annual assessments for the City's Landscape Maintenance Districts and Benefit Assessment Districts for Fiscal Year 2023-24 as listed; and (2) approve the San Joaquin County Certification of Assessment relating to the collection and levying of special assessments for the City's Landscape Maintenance and Benefit Assessment Districts.
ATTACHMENT 2
City Council Meeting
Regular Meeting Minutes of July 18, 2023 Page 5 of 8
Acting Director of Finance Jared Hansen provided a brief introduction of the agenda report.
Mayor Singh opened the public hearing at 6:53 p.m.
Unnamed citizen provided public comment on the item.
Mayor Singh closed the public hearing at 6:56 p.m.
ACTION: Moved, seconded (Breitenbucher/Nuño) to adopt Resolution R2023-96 ordering the levy and collection of annual assessments for the City's Landscape Maintenance Districts and Benefit Assessment Districts for Fiscal Year 2023-24 as listed; and (2) approve the San Joaquin County Certification of Assessment relating to the collection and levying of special assessments for the City's Landscape Maintenance and Benefit Assessment Districts.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Morowit, Singh
NOES: None
D.2. 23-297 Hold a Public Hearing to consider adoption of a resolution approving the 2020 Urban Water Management Plan and adoption of a resolution approving the Water Shortage Contingency Plan
Deputy Director of Public Works George Montross provided a brief introduction of the agenda report, and introduced consultant Rhodora Biagtan from West Yost who provided a brief presentation of the item.
Mayor Singh opened the public hearing at 7:01 p.m.; seeing no one come forward; Mayor Singh closed the public hearing at 7:02 p.m.
ACTION: Moved, seconded (Halford/Morowit) to adopt Resolution R2023-97 approving the 2020 Urban Water Management Plan and adoption of Resolution R2023-98 approving the Water Shortage Contingency Plan.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Morowit, Singh
NOES: None
D.3. 23-308 Adopt a resolution certifying the Manteca General Plan Update Environmental Impact Report and make certain findings concerning significant impacts, mitigation measures, and alternatives, and adopt a statement of overriding consideration and mitigation and monitoring and reporting program, and adopt a resolution approving the Manteca General Plan Update to replace the existing adopted 2023 General plan and authorize staff to submit the Ultimate SOI to LAFCo.
Director of Development Service Chris Erias provided a brief introduction of the agenda report and introduced consultant Beth Thompson from DeNovo Planning who provided a PowerPoint presentation.
Mayor Singh opened the public hearing at 7:19 p.m.
ATTACHMENT 2
City Council Meeting
Regular Meeting Minutes of July 18, 2023 Page 6 of 8
Steve Herum provided public comment on the item.
Louie Tallerico provided public comment on the item.
J.D. Hightower provided public comment on the item.
Unnamed citizen provided public comment on the item.
Raul Hernandez provided public comment on the item.
Mayor Singh closed the public hearing at 7:30 p.m.
ACTION: Moved, seconded (Morowit/Nuño) to adopt Resolution R2023-99 certifying the Manteca General Plan Update Environmental Impact Report and make certain findings concerning significant impacts, mitigation measures, and alternatives, and adopt a statement of overriding consideration and mitigation and monitoring and reporting program, and adopt Resolution R2023-100 approving the Manteca General Plan Update to replace the existing adopted 2023 General Plan, as amended; and authorize staff to submit the Ultimate SOI to LAFCo.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Morowit, Singh
NOES: None
Mayor Singh called for recess at 7:38 p.m.
Mayor Singh reconvened the meeting at 7:51 p.m.
E. DISCUSSION ITEMS:
E.1. 23-317 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 adding Manteca Municipal Code Chapter 10.70.010 - 10.70.090 regarding mobile vendors currently or potentially operating within the City; and provide policy direction to staff on policies and regulations regarding mobile vendors.
City Attorney David Nefouse provided a brief introduction of the agenda report.
ACTION: Moved, seconded (Halford/Nuño) waived the first reading by substitution of the title and introduced an ordinance of the City Council of the City of Manteca State of California adding Manteca Municipal Code Chapter
10.70.010 - 10.70.090 regarding mobile vendors currently or potentially operating within the City; and provided policy direction to staff on policies and regulations regarding mobile vendors as amended.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Morowit, Singh
NOES: None
C.2. 23-315 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, Repealing Section 10.44.120, Peddlers and Vendors - Prohibited; and Adding Chapter 12.24, Sidewalk Vending Program to the Manteca ATTACHMENT 2
City Council Meeting
Regular Meeting Minutes of July 18, 2023 Page 7 of 8
Municipal Code.
City Attorney David Nefouse and Deputy City Attorney Kathleen Leuschen provided an overview of the agenda report.
ACTION: Moved, seconded (/) waived the first reading by substitution of the title and introduced an Ordinance of the City Council of the City of Manteca, State of California, Repealing Section 10.44.120, Peddlers and Vendors - Prohibited; and Adding Chapter 12.24, Sidewalk Vending Program to the Manteca Municipal Code as amended.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Morowit, Singh
NOES: None
F. INFORMATIONAL ITEMS:
F.1. 23-303 Letters of Opposition for AB 460 and AB 1337.
Clerk Note: No action taken
G. CITY MANAGER COMMENTS:
City Manager Toni Lundgren thanked the Development Services Department for their hard work on the General Plan item; thanked the Police Department and the Fire Department for their hard work on the 4th of July holiday and to City Council for their participation; thanked staff for all for their work on updating outdated ordinances; thanked Battalion Chief Sterrie Mcleod for organizing and participating in the Emergency Operations Center Training at San Joaquin County; announced the Police Department hosted military equipment event in the Council Chamber on July 19, 2023 from 5:00 p.m. – 6:00 p.m., in accordance with SB 481; announced the Recreation Department’s annual Jim Brown Golf Tournament on July 21, 2023; announced National Night Out on August 1, 2023; and announced the Recreation Department’s and Chamber of Commerce Park-A-Palooza at Woodward Park on August 5, 2023.
H. COUNCIL COMMENTS:
Vice Mayor Morowit thanked the Police Department and the Fire Department for their hard work on the 4th of July holiday and expressed gratitude for the update of the General Plan.
Councilmember Breitenbucher thanked everyone for a great meeting; acknowledged the Recreation Department for their proclamation; thanked the Police Department and the Fire Department for their hard work on the 4th of July holiday; recommended options for dealing with children’s safety when they’re exposed to illegal fireworks; and commented on the hard work undertaken to update the General Plan.
Councilmember Halford announced a successful 4th of July Pancake Breakfast and Parade; commented regarding illegal fireworks and enforcement; and requested the City Manager research and provide information related to the fireworks sales made by the local non-profits.
Councilmember Nuño thanked staff for their hard work on the 4th of July holiday; made commendations on all the ordinance updates and General Plan update; requested City Council consensus to update the cruising ordinance in accordance with AB 436. City Council Consensus was not received in favor of observing the developments in other jurisdictions.
Mayor Singh thanked everyone for a good meeting; expressed gratitude and thanked staff for the ATTACHMENT 2
City Council Meeting
Regular Meeting Minutes of July 18, 2023 Page 8 of 8
General Plan update; thanked the Police Department and the Fire Department for their hard work on the 4th of July holiday and the ride-along; and announced the Recreation Department’s and Chamber of Commerce Park-A-Palooza at Woodward Park on August 5, 2023; requested a movie night be added to the Park-A-Palooza; requested City Council consensus to review the water restriction ordinance. City Council consensus was received.
I. ADJOURNMENT: Mayor Singh adjourned the meeting at 9:37 p.m. ___________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
ATTACHMENT 2