REGULAR MEETING MINUTES
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
May 21, 2024
CALL TO ORDER: 6:06 p.m.
Roll Call:
Present: Halford, Morowit, Nuño, Breitenbucher, Singh
INVOCATION/FLAG SALUTE:
Invocation and flag salute was led by Cynthia Jackson, Transformed Through Hope Ministries.
AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
City Clerk Cassandra Candini-Tilton announced the following supplemental report:
- Updated Attachment 1 agreement for item C.1.
- Updated attachment 1 resolution and added Attachment 7 – updated staff report for item C.4. - Communications from Steve Jessup, Kuldeep Sharma, and Sudhakar; and PowerPoint presentation from the applicant for item D.1. - Communication from Sudhakar for item E.1.
DISCLOSURE OF EX PARTE COMMUNICATIONS: Councilmembers Breitenbucher, Morowit, Nuño and Mayor Singh all announced ex parte communications for item D.1.
A. PRESENTATIONS:
A.1. 24‑223 Proclamation honoring Public Works Week May 19‑25, 2024.
The City Council presented the proclamation to the Manteca Public Works Department.
A.2. 24‑264 Proclamation honoring National Police Week, May 12‑18, 2024.
The City Council presented the proclamation to the Manteca Police Department.
A.3. 24‑288 Present a Certificate of Recognition to the Gundawar Family for winning the Manteca Indians Essay Contest.
The City Council presented the certificate to the Gundawar Family.
B. PUBLIC COMMENT:
Sudhakar Satti provided public comment on allocation of land for local schools.
Angelo provided public comment on the quality of the City streets’ conditions.
C. CONSENT ITEMS:
ACTION: Moved, seconded (Morowit/Halford) to approve the Consent Calendar as amended with the exception of items C.11 and C.17 pulled for discussion.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
City Manager:
C.1. 24‑254 Approved a Community Benefit Agreement with Nectar Markets of California, LLC located at 1519 W. Yosemite Avenue.
C.2. 24‑255 Approved a Community Benefit Agreement with Manteca Responsible and Compliant Retail LLC dba “Embarc Manteca” located at 1140‑1142 S. Main Street.
C.3. 24‑284 Adopted Resolution R2024-64 approving participation in the San Joaquin Regional Housing Fund on behalf of the San Joaquin County Member Agencies.
Engineering:
C.4. 24‑171 Adopted Resolution R2024-65 determining United Pavement Maintenance, Inc. as the lowest, responsive, and responsible bidder for the Louise Avenue (Main Street to Highway 99) Pavement Improvement Project CIP 24112 in the amount of $2,240,818; awarded the construction contract to the lowest, responsive, and responsible bidder; approving an Agreement for Services with TRC Engineers, Inc. to provide construction management and inspection services in an amount not‑to‑exceed $305,233.15; approved a total project contingency of $330,000 for project related costs; appropriated $2,876,052 in Measure K funding to CIP 24112 and thereby amending the FY 24 Budget and Capital Improvement Program; and authorized the City Manager or designee to take all appropriate actions necessary to carry out the purpose and intent of the resolution.
C.5. 24‑206 Adopted Resolution R2024-66 approving Plans and Specifications for the Lathrop Road (Union to Hwy 99) Pavement Improvement Project CIP No. 24111, approving the California Environmental Quality Act Notice of Exemption determination, authorized a Call for Bids, and authorized the City of Manteca Manager or designee to take all appropriate actions necessary to carry out the purpose and intent of the resolution (Exempt from CEQA pursuant to 14 Cal. Code Regs. § 15301(c)).
C.6. 24‑212 Adopted Resolution R2024-67 approving a Parcel Map located at 465 East Alameda Street for Edward Machado and Lorie Machado, accepted an Emergency Vehicle Access (EVA) easement, a waterline maintenance and access easement, and a ten‑foot (10’) wide public utility easement along the East Alameda Street and Private Access Easement frontages of the Parcel Map.
C.7. 24‑230 Adopted Resolution R2024-68 approving the Statement of Consistency pursuant to Executive Order N‑7‑22 and Findings of Fact for construction of a second new groundwater irrigation well in the Villa Ticino West subdivision for irrigation of the second park constructed as part of the subdivision; and authorized the City Engineer or designee to take all appropriate actions necessary to comply with the terms of the Executive Order.
C.8. 24‑251 Adopted Resolution R2024-69 accepting Public Improvements for Villa Ticino West Unit No. 1 (Tract 3567) & Unit No. 2 (Tract 4116) subdivisions; approving exoneration of the Performance Bonds; approved exoneration of the Labor and Materials Bonds six (6) months after the date of acceptance; and approved exoneration of the Warranty Bonds twelve (12) months after the date of acceptance.
C.9. 24‑253 Adopted Resolution R2024-70 approving grading and construction of improvements prior to filing of the Final Map for the 320 Airport Way Subdivision.
C.10. 24‑203 Adopted Resolution R2024-71 accepting a Grant Deed from JKCV3H8, L.P., a Nevada limited partnership for 4,350 square feet of real property for right‑of‑way purposes and an accompanying 3,630 square foot Public Utility Easement along a portion of the property located at 2055 Moffat Boulevard.
Finance:
C.11. 24‑234 Pulled by Mayor Singh
Receive and file the Annual Report by the Public Safety Sales Tax Oversight Committee.
Committee Chair Corey Coleman provided a brief report.
ACTION: Moved, seconded (Nuño/Halford) to Receive and file the Annual Report by the Public Safety Sales Tax Oversight Committee.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
C.12. 24‑233 Adopted Resolution R2024-72 initiating proceedings for the annual levy and collection of assessments and ordering the preparation of an annual report for the special maintenance districts for Fiscal Year 2024‑25; Adopted Resolution R2024-73 approving the annual reports for the city’s special maintenance assessment districts for Fiscal Year 2024‑25; Adopted Resolution R2024-74 declaring its intention to levy and collect assessments within the city’s special maintenance assessment districts for Fiscal Year 2024‑25, and setting a public hearing for June 18 on the levy of the proposed assessments for the City’s Benefit Assessment Districts and Landscape Maintenance Districts.
Fire Department:
C.13. 24‑256 Approved Amendment No. 2 to the City of Stockton Dispatch Agreement dated June 15, 2023, adjusting the cost per call as noted below, and designated that the City Manager execute the amendment and any and all other related documents vis‑à‑vis the agreement.
Human Resources:
C.14. 24‑172 Adopted Resolution R2024-75 approving two new job classifications in Solid Waste for Solid Waste Supervisor and Solid Waste Compliance Specialist; approved a salary adjustment for Accounting Manager; and approved the salary matrix for the Mid‑Manager Association (MMA) and Operating Engineers Local Union No. 3 (OE3) bargaining units.
Legislative Services/City Clerk:
C.15. 23‑457 Adopted Resolution R2024-76 1) Calling and Giving Notice of the General Municipal Election to be held Tuesday, November 5, 2024, for the purpose of electing two Councilmembers for Districts 1 and 2; and 2) Resolution R2024-77 requesting county services required to consolidate the election; and 3) Resolution R2024-78 approving regulations for Candidates for Elective Office pertaining to Candidate’s Statements submitted to the voters at the election.
C.16. 24‑271 Received and Filed the City Clerks Affidavit of mailing ballots for the district known as the “Downtown Manteca Community Benefit District”.
Pulled by Councilmember Halford
C.17. 24‑273 Waive the first reading by substitution of title and introduce an ordinance of the Manteca City Council State of California adding chapter 2.04.030 City Council Compensation.
City Clerk Candini-Tilton provided a brief report.
Maxie Terry Sellers provided public comment on the item.
Angelo provided public comment on the item.
Judy Blumhorst provided public comment on the item.
Sudhakar Satti provided public comment on the item.
ACTION: Moved, seconded (Breitenbucher/Nuño) to waive the first reading by substitution of title and introduce an ordinance of the Manteca City Council State of California adding chapter 2.04.030 City Council Compensation.
Motion carried:
AYES: Breitenbucher, Morowit, Nuño, Singh
NOES: Halford
C.18. 24‑224 Waived the second reading by substitution of the title and adopted Ordinance O2024-08 of the City Council of the City of Manteca, State of California, Repealing and Replacing Chapter 8.08 “Fireworks” of the Manteca Municipal Code.
C.19. 24‑225 Waived the second reading by substitution of the title and adopted Ordinance O2024-09 of the City Council of the City of Manteca, State of California, amending Manteca Municipal Code 16.23.060 Design, Section J. Street Names and Signs.
C.20. 24‑226 Waived the second reading by substitution of the title and adopted Ordinance O2024-10 of the City Council of the City of Manteca, State of California, amending Ordinance No. 1501, the Zoning Ordinance, as amended, A Zoning Map change for the Crossroads Plaza Project (REZ 23‑05); find the project exempt from CEQA.
C.21. 24‑210 Approval of the April 16, 2024, Special and Regular Meeting Minutes.
Police Department:
C.22. 24‑252 Adopted Resolution R2024-79 approving a budget appropriation in the amount of $67,920 from the Asset Seizure Reserves for the Sigma Tactical Wellness Program.
C.23. 24‑270 Adopted Resolution R2024-80 approving a budget appropriation in the amount of $29,000 from the Supplemental Law Enforcement Services Fund Undesignated Reserves to Capital Outlay Vehicle‑Major (Account No. 160.11.00.200‑7000.02); and amend the Fiscal Year 2023‑24 Capital Improvement Plan to include the additional appropriation to the Cannabis Tax Fund Grant Program Vehicle (Project No. 24069) for a total project cost of $79,933.
Public Works:
C.24. 24‑245 Adopted Resolution R2024-81 approving a Cost Sharing Agreement for stormwater public education and outreach activities with San Joaquin Valley Stormwater Quality Partnership (SJVSWQP) for a total not‑to‑exceed amount of $4,000 annually; and authorized the City Manager to execute the agreement and all future documents.
C.25. 24‑248 Adopted Resolution R2024-82 authorizing the filing of the low Carbon Transit Operations Program Application, accept a grant in the amount of $40,140, authorize Certifications and Assurances, Designation of Authorized Agents and authorized the City Manager or designee to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation and any budget adjustments necessary to expend applicable grant funds.
C.26. 24‑258 Adopted Resolution R2024-83 approving an agreement with Ronin Protection Solutions to provide security guard services for a three (3) year period May 22, 2024 through May 22, 2027 with a total not‑to‑exceed $450,000 with two (2) optional one‑year extension and authorized the City Manager to execute the agreement and all associated documents.
Mayor Singh called for recess at 7:00 p.m.
Mayor Singh reconvened the meeting at 7:14 p.m.
D. PUBLIC HEARINGS:
D.1. 24‑268 Find the project exempt from CEQA; and adopt a resolution approving a Conditional Use Permit for Manteca Responsible and Compliant Retail, LLC (“Embarc Manteca“) (File No. UPJ 24‑22). (CEQA exempt pursuant to 14 Cal. Code Regs. § 15301, Class 1, “Existing Facilities.”).
Associate Planner Scott Speer provided a PowerPoint presentation.
Mayor Singh opened the public hearing at 7:24 p.m.
Applicant Devon Wardlow provided a PowerPoint presentation.
Christina Keefhaver provided public comment on the item.
Erin Nussbaumer provided public comment on the item.
Sudhakar Satti provided public comment on the item.
Applicant Devon Wardlow provided a rebuttal in response to the public comments.
Mayor Singh closed the public hearing at 7:34 p.m.
ACTION: Moved, seconded (Nuño/Halford) to find the project exempt from CEQA; and adopt Resolution R2024-84 approving a Conditional Use Permit for Manteca Responsible and Compliant Retail, LLC (“Embarc Manteca“) (File No. UPJ 24‑22). (CEQA exempt pursuant to 14 Cal. Code Regs. § 15301, Class 1, “Existing Facilities.”).
Motion carried:
AYES: Halford, Morowit, Nuño , Singh
NOES: Breitenbucher
E. DISCUSSION ITEMS:
E.1. 24‑283 Adopt a resolution voting the City’s ballots in the affirmative for the proposed San Joaquin Area Flood Control Agency Mossdale Tract Assessment District formation and the special benefit assessment of City‑owned properties, and authorize the City Manager to execute ballots in favor of imposing the special assessment.
Seth Wurzel of Larsen Wurzel & Associates provided a PowerPoint presentation.
Sudhakar Satti provided public comment on the item.
ACTION: Moved, seconded (Halford/Breitenbucher) to adopt Resolution R2024-85 voting the City’s ballots in the affirmative for the proposed San Joaquin Area Flood Control Agency Mossdale Tract Assessment District formation and the special benefit assessment of City owned properties, and authorize the City Manager to execute ballots in favor of imposing the special assessment.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
F. CITY MANAGER COMMENTS:
Assistant City Manager Jose Jasso announced Public Works Week from May 19 – May 25, 2024; recapped the May 15, 2024 City Manager’s Facebook live session regarding community issues; announced the next Facebook Live session, featuring Police Chief Stephen Schluer on June 5, 2024 at 5:30 p.m.; announced the Music on Maple event on June 20, 2024 on Maple Avenue; announced the Watermelon Street Fair on June 1st and June 2nd, 2024; announced May, 2024 as Water Safety Month; announced that the Fire Department Station 2 has a free life jacket program; announced the National Go Skate Day at the Manteca Skate Park, hosted by the Recreation and Community Services Department on June 22, 2024 from 8:00 a.m. to 2:00 p.m.; announced the short-range transit plan workshop at the Manteca Transit Center on June 27, 2024 at 10:00 a.m. and at 5:00 p.m.; wished everyone a Happy Memorial Day and thanked all of those who have served; and announced a Memorial Day remembrance ceremony event at the East Union Cemetery on May 27, 2024 at 10:00 a.m.
G. COUNCIL COMMENTS:
Councilmember Morowit thanked all those that attended the meeting and wished everyone a Happy Memorial Day.
Councilmember Halford announced it was a good meeting; recapped his San Joaquin Council of Governments One Voice travel to Washington D.C.; and announced his attendance to the San Joaquin Area Flood Control Agency’s (SJAFCA) Board meeting on June 20, 2024.
Councilmember Nuño recapped his San Joaquin Council of Government One Voice travel to Washington D.C.
Vice Mayor Breitenbucher recapped park dedication for Fire Captain Tom Moore May 10, 2024; announced he attended the Manteca Fire Department Pancake Breakfast, the Manteca Police Department Bike Rodeo, the VFW Car Show and a swim meet on May 11, 2024; announced that he would like to see children learning centers proximity be considered when determining the site location for cannabis businesses; and wished everyone a Happy Memorial Day.
Mayor Singh announced his appreciation of the approved transit grant to provide free rides to students; recapped his San Joaquin Council of Government One Voice travel to Washington D.C.; recapped his attendance to the International Shopping Center Convention; requested informational flyers be sent to residents regarding July 4th fireworks; announced it was a good meeting; and wished everyone a Happy Memorial Day.
H. ADJOURNMENT: Mayor Singh adjourned the meeting at 8:58 p.m.
___________________________
CASSANDRA CANDINI-TILTON
CITY CLERK