SPECIAL MEETING MINUTES
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
July 16, 2024
CALL TO ORDER: 4:04 p.m.
Roll Call:
Present: Halford, Morowit, Nuño, Breitenbucher, Singh
INVOCATION/FLAG SALUTE:
Flag salute was led by Councilmember Halford.
AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
City Clerk Cassandra Candini-Tilton announced the following supplemental report:
- Public Comment communications from two anonymous members of the public and from the Manteca Firefighters IAFF Local 1874 along with an updated PowerPoint Presentation from City Staff for item C.1 - Updated PowerPoint Presentation from City Staff for item C.2.
DISCLOSURE OF EX PARTE COMMUNICATIONS: None.
A. PUBLIC COMMENT:
Phyllis McDonald provided public comment for item B.5.
B. CONSENT ITEMS:
ACTION: Moved, seconded (Breitenbucher/Halford) to approve the Consent Calendar with the exception of item B.6 being pulled for discussion.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
City Attorney:
B.1. 24‑359 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, amending Chapter 5.48 “Firearms Sales” of the Manteca Municipal Code to align with the requirements and procedures of Chapter 5.04 “Business Licenses Generally” and Penal Code Sections 26700‑26725.
Engineering:
B.2. 24‑334 Adopted Resolution R2024-115 determining American Pavement Systems, Inc. to be the lowest responsive and responsible bidder for the 2024 Annual Pavement Maintenance Project CIP 24110; awarded a construction contract to American Pavement Systems, Inc. for an amount not‑to‑exceed $1,515,162.50; approve project construction contingency not‑to‑exceed 20% ($303,000) for a total project cost of $1,818,162.50; and authorized the City Manager or their designee to execute the construction contract, approve change orders up to the total project cost, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
B.3. 24‑315 Adopted Resolution R2024-116 approving the Improvement Agreement and Final Map for The Trails of Manteca Unit No. 5 (Tract 3737).
B.4. 24‑350 Adopted Resolution R2024-117 approving the Improvement Agreement and Final Map for Denali Unit No. 4, Tract 4152; authorized the City Manager to sign and take all necessary steps to effectuate the Agreement; and authorized the Mayor to sign the Final Map.
B.5. 24‑351 Approved STAA Route for Intermodal Way and Roth Road; authorized staff to install the appropriate signage; and authorized the City Engineer to take all steps necessary to finalize the STAA Route.
B.6. 24‑355 Pulled by Councilmember Morowit
Adopt a resolution approving grading and construction of improvements prior to filing of the Final Map for the Kiper at Indelicato Subdivision.
ACTION: Moved, seconded (Morowit/Halford) to adopt Resolution R2024-118 approving grading and construction of improvements prior to filing of the Final Map for the Kiper at Indelicato Subdivision.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
Finance:
B.7. 24‑345 Approved and authorized the Mayor to sign the San Joaquin County Certification of Assessment relating to the collection and levying of special assessments for the City’s Landscape Maintenance, Benefit Assessment, and Community Facility Districts.
B.8. 24‑364 Received and filed the Fiscal Year 2021‑22 audit report: Single Audit Report.
Human Resources:
B.9. 24‑353 Adopted Resolution R2024-119 approving new job classifications: 1) Lead Parks/Landscape Maintenance Worker; and 2) Economic Development Analyst/Senior; and Updated Salary Matrices for the General Services/Operating Engineers Local Union No. 3 (OE3), and Mid Manager Association (MMA).
Information Technology and Innovation:
B.10. 24‑352 Adopted Resolution R2024-120 to enter into a cooperative agreement utilizing the Sourcewell Cooperative Purchasing Agreement to acquire multi‑functional copier equipment, related supplies, and maintenance services with Konica Minolta Inc. and its authorized dealer for Manteca, CA, Caltronics Business Systems for a 36‑month lease.
Legislative Services/City Clerk:
B.11. 24‑360 Approval of the June 18, 2024, Special and Regular Meeting Minutes.
Police Department:
B.12. 24‑348 Adopted Resolution R2024-121 accepting a grant from the California Highway Patrol, Cannabis Tax Fund Grant Program (CTFGP) in the amount of $351,139.97 for Fiscal Year 2024/2025; appropriating funds as noted in the fiscal impact section and authorized the Chief of Police to take all necessary steps to effectuate the agreement, including any extensions or amendments.
Public Works:
B.13. 24‑274 Adopted Resolution R2024-122 authorizing the City Manager or their designee to execute San Joaquin Valley Air Pollution Control District Alternative Fuel Vehicle Grant applications and all associated documents and to perform any necessary budget amendments if awarded grant funding.
C. DISCUSSION ITEMS:
C.1. 23‑459 Receive City Manager’s Recommendation to place a measure on the November 2024 Ballot. Adopt resolutions (1) Requesting the submission of a measure before the electorate of the City of Manteca; (2) Requesting consolidation of the measure with the General Election; (3) Setting priorities for submitting arguments regarding the City Measure and directing the City Attorney to prepare an Impartial Analysis; (4) Providing for the filing of rebuttal arguments regarding the City Measure; (5) the City Council to create and make appointments to a subcommittee to draft wording for the Argument in Favor and the Rebuttal for the Arguments Against; and (6) Waving the first reading by substitution of the title and introducing an ordinance of the City of Manteca, State of California imposing a transactions and use tax to be administered by the California Department of Tax and Fee Administration.
City Manager Toni Lundgren provided a PowerPoint presentation.
Norm Hauser provided public comment on the item.
Mike Wise provided public comment on the item.
Garrett Morrison provided public comment on the item.
David Mendoza provided public comment on the item.
Lauren Koury provided public comment on the item.
Judy Blumhorst provided public comment on the item.
Corey Coleman provided public comment on the item.
Steve Beerman provided public comment on the item.
ACTION: Moved, seconded (Morowit/Nuño) to adopt Resolution R2024-123 (1) Requesting the submission of a measure before the electorate of the City of Manteca; Resolution R2024-124 (2) Requesting consolidation of the measure with the General Election; Resolution R2024-125 (3) Setting priorities for submitting arguments regarding the City Measure and directing the City Attorney to prepare an Impartial Analysis; Resolution R2024-126 (4) Providing for the filing of rebuttal arguments regarding the City Measure; (5) the City Council to create and make appointments to a subcommittee to draft wording for the Argument in Favor and the Rebuttal for the Arguments Against; and (6) Waived the first reading by substitution of the title and introducing an ordinance of the City of Manteca, State of California imposing a transactions and use tax to be administered by the California Department of Tax and Fee Administration.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
ACTION: Moved, seconded (Breitenbucher/Morowit) to appoint a 2x2 committee of Councilmember Halford and Mayor Singh to draft wording for the Argument in favor and the Rebuttal for the Arguments Against.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
Mayor Singh adjourned to recess at 5:27 p.m.
Mayor Singh reconvened the meeting at 5:41 p.m.
ACTION: Moved, seconded (Singh/Halford) to appoint Phyllis McDonald, Norm Hauser, and Corey Coleman along with the 2x2 committee to draft wording for the Argument in favor and the Rebuttal for the Arguments Against.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
C.2. 24‑371 Receive and File 4th of July After Action Report.
Fire Marshal Scott Cunningham and Lieutenant Ian Osborn provided a brief PowerPoint presentation.
Clerk Note: no formal action was taken.
D. CITY MANAGER COMMENTS:
City Manager Toni Lundgren conveyed appreciation to the City Council for the past budget process and for passing item C.1.; announced street maintenance on West Yosemite Avenue from Main Street to the railroad track beginning July 25, 2024 through July 31, 2024; announced a Park-a-Palooza event on August 10, 2024 from 5:00 p.m. to 10:00 p.m..; announced that the adopted 2024-2025 fiscal year budget was available online; announced that the election candidate nomination period was open until 6:00 p.m., August 9, 2024; announced the Eastern San Joaquin County Groundwater Public Authority workshop on July 17, 2024 at 4:30 p.m.; announced the Supreme Court case of. Johnson vs. Grants Pass and outlined that staff was preparing to respond effectively to homelessness in Manteca; announced National Night Out on August 6, 2024; announced the cancellation of the August 6, 2024 City Council meeting; and announced the next City Council meeting on August 20, 2024 at 6:00 p.m.
E. COUNCIL COMMENTS:
Councilmember Morowit spoke positively on the Fourth of July parade; and requested Council consensus for staff to develop a Safe and Sane fireworks plan that allows fireworks companies to collaborate effectively with the City and present it at a future meeting.
Councilmember Nuño expressed support for the Safe and Sane option; and spoke regarding the comments he received from the public seeking to move the Fourth of July parade start time earlier.
Vice Mayor Breitenbucher spoke positively on the Spreckels Avenue pavement work; spoke on fireworks and the unfortunate accidents that occur with illegal fireworks; announced that he missed the Fourth of July parade in Manteca, but enjoyed the parade where he was on vacation.
Mayor Singh expressed support for the Safe and Sane option and the fireworks show; expressed his appreciation to everyone for the support on item C.1.; announced National Night Out on August 6, 2024; announced the official groundbreaking of the State Route 99/120 Interchange Connector Project on July 17, 2024, and reminded the public to expect construction delays; and announced the Music on Maple event on July 18, 2024 at 6:00 p.m.
F. CLOSED SESSION: Mayor Singh adjourned to closed session at 6:31 p.m.
F.1. 24‑358 CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION ‑ (Govt. Code § 54956.9 (d)(1)) ‑ Lutzow v. City of Manteca, Case No.: STK‑CV‑UOE‑2021‑0006054 (San Joaquin Superior Court).
F.2. 24‑362 CONFERENCE WITH LEGAL COUNSEL ‑ ANTICIPATED LITIGATION ‑ (Govt. Code § 54956.9(d)(2)) ‑ One (1) case. The receipt of a claim pursuant to a written communication from a potential plaintiff or plaintiffs threatening litigation, of which the non‑exempt claim or communication is available for public inspection. Govt. Code § 54956.9(e)(3).
G. REPORT ON ACTION TAKEN IN CLOSED SESSION:
Upon returning to open session at 7:49 p.m., City Attorney David Nefouse noted no reportable action.
H. ADJOURNMENT: Mayor Singh requested that Vice Mayor Breitenbucher adjourn the meeting in memory of retired Fire Captain John Tardiff. The meeting was adjourned at 7:50 p.m.
___________________________
CASSANDRA CANDINI-TILTON
CITY CLERK