City Council Meeting
Regular Meeting Minutes of September 19, 2023 Page 1 of 6
REGULAR MEETING MINUTES
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
September 19, 2023
CALL TO ORDER: 6:04 p.m.
Roll Call:
Present: Breitenbucher, Halford, Nuño, Morowit, Singh
INVOCATION/FLAG SALUTE:
Invocation and flag salute was led by Douglas Montandon from Love Inc.
AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
City Clerk Cassandra Candini-Tilton announced the following supplemental reports:
• Public Comment from Marty Harris
• Item D.1
o Attachment 1 – Updated Resolution - EIR Certification – Redline and Clean Version o Attachment 4 - Updated Resolution - Annexation – Redline and Clean Version o Attachment 8 - Updated Ordinance - Zoning – Redline and Clean Version o Attachment 11 - Updated Resolution General Plan Amendment and Tentative Map Redline and Clean Version
o Attachment 14 - Updated Exhibit "C" to Resolution - Conditions-Final - Redline Version and Clean Version
o Attachment 15 - Updated Ordinance - Development Agreement – Redline and Clean Version
o Attachment 16 - Updated Exhibit "A" to Ordinance -Development Agreement – Redline and Clean Version
o Attachment 20 - Updated PowerPoint Presentation (from Staff) o Applicant PowerPoint Presentation
o Communication from Sachman Singh
• Item D.2.
o Communication from Patricia Anderson
o PowerPoint Presentation from City Staff.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Councilmembers Halford, Nuño, Breitenbucher, and Vice Mayor Morowit all indicated they had communications on several City Council items with proponents and opponents. Mayor Singh indicated he had communications pertaining to item D.1. with proponents and opponents.
A. PRESENTATIONS:
A.1. 23-066 Present a proclamation proclaiming September 2023 as Senior Center Month.
The City Council presented a proclamation to Recreation staff, members of the Senior Advisory Committee and volunteers of the Senior Center.
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City Council Meeting
Regular Meeting Minutes of September 19, 2023 Page 2 of 6 A.2. 23-299 Certificate of Retirement honoring April Smith, Police Officer.
City Clerk Candini-Tilton announced that Officer Smith was unable to attend and certificate would be mailed.
A.3. 23-429 Present a proclamation proclaiming September as Hispanic Heritage month.
The City Council presented a proclamation to the José M. Hernández Reaching for the Stars Foundation Board Members.
B. PUBLIC COMMENT: None.
C. CONSENT ITEMS:
ACTION: Moved, seconded (Halford/Morowit) to approve the Consent Calendar as presented.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
City Attorney:
C.1. 23-280 Approved Amendment to the Contract for L. David Nefouse, City Attorney City Manager:
C.2. 23-417 Approved Amendment to the Contract for Toni Lundgren, City Manager.
C.3. 23-414 Approved New Rule 6.12 of the City Personnel Rules.
C.4. 23-413 Approved Amendment No. 1 to the General Services Agreement (Contract C2023-98) with Bockmon and Woody Electric, Inc. increasing the compensation amount by $34,500 for a total compensation amount not-to-exceed of $107,575, extended the completion date to March 31, 2024, and authorized the City Manager or designee to sign the amendment.
Engineering:
C.5. 23-399 Adopted Resolution R2023-123 approving plans and specifications for the Nile Garden - Well 30 Construction (CIP 21034), authorizing a Call for Bids; and authorized the City Manager or designee to apply for permits, apply for State and Federal grants, solicit project funding support, complete and execute all associated documents.
C.6. 23-377 Adopted Resolution R2023-124 approving plans and specifications for the WQCF North/South WAS (CIP 22063) and South RAS (CIP 22061) Pump Replacement Projects, approving the California Environmental Quality Act Notice of Exemption determination for the Project, authorized a Call for Bids; and authorized the City Manager or designee to apply for permits,apply for State and Federal grants, solicit project funding support, complete and execute all associated documents.
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City Council Meeting
Regular Meeting Minutes of September 19, 2023 Page 3 of 6 C.7. 23-408 Adopted Resolution R2023-125 approving a cooperative agreement with the San Joaquin Council of Governments for the 99/120 Interchange Project Phase 1A; approved the Public Highway Overpass Agreement at Austin Road and Public Highway At-grade Crossing Agreement at Woodward Road with the Union Pacific Railroad Company; approved a cooperative agreement with the San Joaquin County of Governments for the Sewer Line Extension in Woodward Avenue; amended the FY2023-24 Capital Improvement Plan to include the 99/120 Interchange Project - Woodward Sewer Line Extension between Moffat Boulevard and Atherton Drive and assigned a project number; appropriated $300,000 from PFIP Sewer Fund Zone 24 Reserves to the project; and authorized the City Manager or designee 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.
Human Resources:
C.8. 23-375 Adopted Resolution R2023-126 and delegated authority for determining the Industrial Disability Retirement benefit on behalf of Police Lieutenant Gregg Beall pursuant to Government Code Sections 21156 and 21173.
C.9. 23-351 Adopted Resolution R2023-127 approving the Industrial Disability Retirement benefit on behalf of Police Officer April Smith.
C.10. 23-220 Adopted Resolution R2023-128 approving the Memorandum of Understanding and Salary Matrix for the Manteca Technical Support Services Association (MTSSA) at the annual cost of $123,155 plus a one-time, non-persable payment from the American Rescue Plan Act of $390,000, for a total of $513,155.
Legislative Services/City Clerk:
C.11. 23-372 Waived the second reading by substitution of the title and adopted Ordinance O2023-14 amending Sections 2.20.040 and 2.20.050 of the Manteca Municipal Code; to remove City Council approval of the appointment and separation of the Fire Chief.
C.12. 23-373 Waived the second reading by substitution of the title and adopted Ordinance O2023-15 of the City Council of the City of Manteca, State of California Amending Fees and Charges for Solid Waste Collection Services.
C.13. 23-411 Waived the second reading by substitution of the title and adopted Ordinance O2023-16 of the City Council of the City of Manteca, State of California, amending Chapter 9.28, Massage Establishments and Masseurs, Article II, Licensing and Certification.
C.14. 23-371 Waived the second reading by substitution of the title and adopted Ordinance O2023-17 of the City of Manteca, State of California, amending Manteca Municipal Code (MMC) 13.04.210, Public Services, to remove and modify existing unlawful water uses.
C.15. 23-416 Approved the September 6, 2023, Special Meeting Minutes and the Special Meeting Minutes of September 13, 2023.
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Regular Meeting Minutes of September 19, 2023 Page 4 of 6 Police Department:
C.16. 23-418 Adopted Resolution R2023-129 awarding the Request for Proposal for the Manteca Combined Public Safety Center (Police and Fire) Feasibility Study with Conceptual Design to LDA Partners for a not-to-exceed amount of $175,000; amended the FY 2023-24 Budget and Capital Improvement Plan to include this as a project; assigned a project number; appropriated $185,900 to General Fund Professional Services Capital Projects (Account No. 100.11.00.001-6000.98 and Account No. 100.13.00.001-6000.98) and to the project; and authorized the City Manager or designee to sign the agreement and any associated documents.
Public Works:
C.17. 23-402 Approved Amendment No. 1 to the General Services Agreement (C2022-161) with MCC Controls LLC, DBA Primex, extending the time of performance by one year, to December 31, 2024, and authorized the City Manager or designee to sign the amendment.
D. PUBLIC HEARINGS:
D.1. 23-340 Adopt a resolution certifying the Hat Ranch Annexation Environmental Impact Report and make certain findings of overriding consideration; adopt a resolution approving the annexation of 184.7 acres of land for the Hat Ranch 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, amending the zoning map to approve the pre-zone for the Hat Ranch Annexation Project and approve the Planned Development Overlay for the Hat Ranch Subdivision; adopt a resolution approving a General Plan Amendment and Tentative Subdivision Map for the 738 unit Hat Ranch Tentative Subdivision Project; and waive the first reading by substitution of the title and introduce an ordinance of the City Council and approve a Development Agreement between the City of Manteca and Richland Planned Communities, Inc. (File Nos. ANX19-122, GPA19-124, PRZ19-123, PD19-126, SDJ19-106, and DA19-127 (SCH# 2013112049).
Deputy Director of Planning Lea Simvoulakis provided a brief PowerPoint Presentation.
Mayor Singh opened the public hearing at 6:34 p.m.
Applicants Kyle Master and Mark Kiner with Richland Planned Communities provided a brief PowerPoint Presentation.
Michaela Hayes provided public comment on the item.
Eric Hayes provided public comment on the item.
Jackie Rashé provided public comment on the item.
David Rashé provided public comment on the item.
Maxie Terry-Sellers provided public comment on the item.
Unnamed Citizen provided public comment on the item.
Applicants Kyle Master and Mark Kiner with Richland Planned Communities provided a rebuttal to the public comments.
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City Council Meeting
Regular Meeting Minutes of September 19, 2023 Page 5 of 6 Mayor Singh closed the public hearing at 7:08 p.m.
Assistant City Attorney Daniella Green read amendments into the record for Attachment 1 – Resolution – EIR Certification, the fourth recital should read “approval” and not “denial”; and Attachment 15 – Ordinance - Development Agreement, page two, fifth recital should read “September 7, 2023” and not “September 9, 2023.”
ACTION: Moved, seconded (Breitenbucher/Halford) to adopt Resolution R2023-130 certifying the Hat Ranch Annexation Environmental Impact Report and make certain findings of overriding consideration; adopt Resolution R2023-131 approving the annexation of 184.7 acres of land for the Hat Ranch Annexation Project area and authorize staff to apply for annexation to LAFCo; waived the first reading by substitution of the title and introduced an ordinance of the City Council of the City of Manteca, amending the zoning map to approve the pre-zone for the Hat Ranch Annexation Project and approve the Planned Development Overlay for the Hat Ranch Subdivision; adopt Resolution R2023-132 approving a General Plan Amendment and Tentative Subdivision Map for the 738 unit Hat Ranch Tentative Subdivision Project; and waived the first reading by substitution of the title and introduced an ordinance of the City Council and approved a Development Agreement between the City of Manteca and Richland Planned Communities, Inc. (File Nos. ANX19-122, GPA19-124, PRZ19-123, PD19-126, SDJ19-106, and DA19-127 (SCH# 2013112049) as amended.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Morowit, Singh
NOES: None
D.2. 23-398 Adopt a resolution approving the Initial Study Mitigated Negative Declaration for Well 29 TCP Treatment Design (CIP 22058) and file a Notice of Determination with the San Joaquin County Clerk’s Office; approving the plans and specifications; authorizing a Call for Bids; authorizing the City Manager or designee to apply for permits, pay for associated fees, apply for State and Federal grants, solicit project funding support, and complete and execute all associated documents.
Associate Engineer Elba Mijango provided a brief PowerPoint Presentation.
Mayor Singh opened the public hearing at 7:44 p.m.
Heather Baugus provided public comment on the item.
Mayor Singh closed the public hearing at 7:49 p.m.
ACTION: Moved, seconded (Breitenbucher/Nuño) to Adopt Resolution R2023-133 approving the Initial Study Mitigated Negative Declaration for Well 29 TCP Treatment Design (CIP 22058) and file a Notice of Determination with the San Joaquin County Clerk’s Office; approved the plans and specifications; authorized a Call for Bids; authorized the City Manager or designee to apply for permits, pay for associated fees, apply for State and Federal grants, solicit project funding support, and complete and execute all associated documents.
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City Council Meeting
Regular Meeting Minutes of September 19, 2023 Page 6 of 6 E. CITY MANAGER COMMENTS:
City Manager Toni Lundgren announced that she and City Council would attend the League of California Cities Annual Conference from September 20 – 22, 2023 in Sacramento announced the Food Truck Frenzy event on September 23, 2023 from 5:00 p.m. – 10:00 p.m. at Woodward Park; announced Youth in Government Day on September 27, 2023 from 9:00 a.m. – 3:00 p.m. and announced City staff would volunteer at Second Harvest Food Bank on October 6, 2023 from 9:00 a.m. – 11:00 a.m.
F. COUNCIL COMMENTS:
Councilmember Breitenbucher thanked staff for their good work on item C.3; provided updates on 555 Industrial Drive; and welcomed Finance Director Shay Narayan to the team.
Councilmember Nuño provided a brief update on the San Joaquin Regional Rail Commission (SJRRC) and announced that staff from the SJRRC would present at the next regular City Council meeting on October 3, 2023.
Councilmember Halford asked for and received City Council consensus for City staff to provide and present options to improve Yosemite Park; spoke in regards to projects and traffic impacts; expressed he looked forward to SJRCC presentation; expressed he looked forward to the League of California Cities Annual Conference; and stated that it was a good meeting.
Vice Mayor Morowit welcomed Finance Director Shay Narayan to the team; spoke regarding City Council consensus for exploring Yosemite Park Improvements; announced he attended the Manteca Fire Station 4 Open House event; spoke regarding development projects paying for infrastructure in the City and wished everyone a good evening.
Mayor Singh announced he attended the POW MIA event held at the VFW Veterans Center; announced he attended the Manteca Fire Station 4 Open House event and requested the Manteca Fire Department hold the same demonstrations at the Street Fair or Manteca Pumpkin Fair; announced he attended the Empty Bowls event hosted by Second Harvest Food Bank; announced that he, City Council and staff would attend the League of California Cities Annual Conference from September 20 – 22, 2023, in Sacramento; announced the Food Truck Frenzy event on September 25, 2023 from 5:00 p.m. – 10:00 p.m. at Woodward Park; announced the upcoming Car Show at the VFW Veterans Center; and welcomed Finance Director Shay Narayan.
G. ADJOURNMENT: Mayor Singh adjourned the meeting at 8:20 p.m. ___________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
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