REGULAR MEETING MINUTES
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
August 20, 2024
CALL TO ORDER: 6:05 p.m.
Roll Call:
Present: Halford, Morowit, Nuño, Breitenbucher, Singh
INVOCATION/FLAG SALUTE:
Invocation and flag salute was led by Jim Todd, Crossroads Grace.
AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
City Clerk Cassandra Candini-Tilton announced the following supplemental report:
- Updated fiscal impact section for item C.11.
- Communications for items C.6. and item D.1.
ACTION: Moved, seconded (Halford/Nuño) to remove item D.1. from the agenda.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
DISCLOSURE OF EX PARTE COMMUNICATIONS: None.
A. PRESENTATIONS:
A.1. 24‑396 Certificate of Recognition presented to Northgate Little League 12u All Star Team.
The City Council presented a certificate to the Northgate Little League.
A.2. 24‑365 Proclamation honoring the month of August 2024 as National Breastfeeding Month.
The City Council presented a proclamation to Breastfeeding Coordinator Olivia Millan from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
A.3. 24‑394 Certificate of Retirement honoring Manteca Police Lieutenant, Gregg Beall.
The City Council presented a certificate to Manteca Police Lieutenant Gregg Beall.
A.4. 24‑376 Life Saving Certificates presented to Katelynn Beall and Angela Sellers Simoes.
The City Council presented certificates to Katelynn Beall and Angela Sellers.
B. PUBLIC COMMENT: None.
C. CONSENT ITEMS:
ACTION: Moved, seconded (Morowit/Breitenbucher) to approve the Consent Calendar as presented, except for items C.2., C.29., and C.33. pulled for discussion; and noting that Mayor Singh abstained on item C.18.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
City Attorney:
C.1. 24‑413 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 9.54 “Sideshows, Street Races, and Reckless Driving Exhibits” of the Manteca Municipal Code to authorize the seizure of vehicles used in a sideshow, street race, or reckless driving exhibition.
Pulled by Councilmember Nuño
C.2. 24‑412 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 in its entirety Chapter 9.40 “Cruising and Loitering” of the Manteca Municipal Code to comply with state law overturning cruising bans.
Staff Counsel Riana Daniel provided a report.
Unnamed Citizen provided public comment on the item.
Rocky provided public comment on the item.
Tricia Vasquez provided public comment on the item.
Unnamed Citizen provided public comment on the item.
George Galindo provided public comment on the item.
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, repealing in its entirety Chapter 9.40 “Cruising and Loitering” of the Manteca Municipal Code to comply with state law overturning cruising bans.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
City Manager:
C.3. 24‑374 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 Sections 3.36.010 “Schedule” and 15.26.010 “Permit Related Fees” and adding Chapter 3.44 “Government Building Facilities Fee” to the Manteca Municipal Code to clarify the purpose, method, and collection of fees for Government Building Facilities.
Development Services
C.4. 24‑382 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 Sections 3.20.060, Fee - Amount, 13.04.020, Connection Fees and Capacity Charges, 13.12.070, Payment, 13.42.080, Fee Payment, 13.44.070, Fee Payment, and 13.46.050 Collection or RTIF Program Fees of the Manteca Municipal Code; to provide consistency for fee assessments dates amongst all impact fees collected for building permits
C.5. 24‑391 Adopted Resolution R2024-127 approving the participation and allocation of funding for the Regional Early Action Planning Grant (REAP 2.0).
Engineering:
C.6. 23-288 Adopted Resolution R2024- 128 approving the Improvement Agreement and Final Map for Machado Ranch Unit No. 1, Tract 4147; authorized the City Manager to take all necessary steps to effectuate the Agreement; and authorized the Mayor to sign the Final Map.
C.7. 24‑366 Adopted Resolution R2024-129 accepting Grant Deeds from Manteca Unified School District for: 3,306 square feet of real property along the western edge of S. Garfield Avenue for right-of-way purposes; 9,279 square feet of real property adjacent to S. Garfield Avenue for right-of-way purposes; a 2,265 square foot Pedestrian Easement; a 0.37 acre Public Utility Easement; and approved a Quitclaim Deed for a portion of S. Garfield Avenue from Mikesell Street to the property line between 371 S. Garfield Avenue and 361 S. Garfield Avenue, and reserving a Public Utility Easement over the quitclaimed are Capital Improvement Program Project CIP No. 20005, approved the California Environmental Quality Act Notice of Exemption determination, 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, and 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.8. 24‑373 Approved Traffic Calming Measures (speed lumps) along Tannehill Drive (from Ivory Lace Avenue to Fountain Square Avenue and from Vicki Way to Lincasa Place), and along Mission Ridge Drive (from Locust Avenue to Partridge Lane and from Bordeaux Lane to Burgundy Lane), and direct staff to take all appropriate actions necessary to implement in accordance with the Manteca Traffic Calming Program.
C.9. 24‑379 Approved a Professional Services Agreement with Dewberry Engineers Inc., for $121,500, plus a project contingency of 10% ($12,150), for a total cost not to exceed $133,650, to update the Public Facilities Implementation Plan and recommend accompanying fees (Sewer, Water, Storm, and Transportation); authorized the City Manager to sign the Agreement; and authorized the City Manager to sign amendments to the Agreement up to an amount not to cumulatively exceed ten percent of the original contract amount.
C.10. 24‑383 Adopted Resolution R2024-130 approving grading and construction of improvements prior to filing of the Final Map for Griffin Park Unit No. 9, included in the Griffin Park subdivision Unit 9 improvement plans.
C.11. 24‑386 Adopted Resolution R2024-131 approving Amendment No. 2 to the Professional Service Agreement with Wood Rodgers, Incorporated (C2022-152), for the Nile Garden Well 30 Water Supply Projects (CIP 21026 and CIP 21034); extending the time of performance to December 31, 2025; increasing the maximum not-to-exceed compensation by $200,000 for a total not-to-exceed of $715,947; and authorized the City Manager or designee to take all appropriate actions necessary to carry out the purpose and intent of the resolution.
C.12. 24‑403 Approved partial acceptance of public improvements in accordance with the Subdivision Partial Acceptance Policy for the Villa Ticino West Unit No. 6 subdivision, Tract 4117.
C.13. 24‑404 Adopted Resolution R2024-132 approving Amendment No. 1 to the Improvement Agreement for the Manteca Medical Building, modifying SCHEDULE B, Table 1, Transportation System P.F.I.P. Reimbursement, increasing the amount listed as Total Transportation Facilities P.F.I.P. Reimbursement from $442,433 to $485,222; and authorized the City Manager to sign and take all necessary steps to effectuate the amendment.
C.14. 24‑406 Adopted Resolution R2024-133 approving the Improvement Agreement with Loma Holdings, Inc. for the Loma Brewery off-site improvements and authorizing the City Manager to sign and take all necessary steps to effectuate the Agreement.
C.15. 24‑407 Adopted Resolution R2024-134 accepting a Grant Deed from Rebecca A. Hunt, a surviving joint tenant, for 645 square feet of real property for right-of-way purposes over a portion of 20748 S. Airport Way (APN 226-170-20).
C.16. 24‑408 Adopted Resolution R2024-135 accepting a Grant Deed from Gurdwara Gurmat Parkash Manteca (Gurdwara), a California Religious Corporation, for 4,291 square feet of real property for right-of-way purposes over a portion of 4513 Peach Avenue (APN 226-170-22).
C.17. 24‑409 Adopted Resolution R2024-136 accepting a Grant Deed from Marshall L. Magincalda, an unmarried man, for 3,090 square feet of real property for right-of-way purposes over a portion of 2107 W. Woodward Avenue (APN 241-320-29).
C.18. 24‑410 Adopted Resolution R2024-137 accepting a Grant Deed from Valley Investment Group Inc. as to an undivided 75% interest and GN Properties Inc. as to an undivided 25% interest for 1,262 square feet of real property for right-of-way purposes over a portion of 1559 S. Airport Way (APN 241-320-11).
C.19. 24‑415 Approved partial acceptance of public improvements for Griffin Park Unit No. 7, Tract 4140, in accordance with the Subdivision Partial Acceptance Policy.
C.20. 24‑313 Adopted Resolution R2024-138 approving the Improvement Agreement and Final Map for Villa Ticino West Unit No. 4, Tract 4176; authorizing the City Manager to take all necessary steps to effectuate the Agreement; and authorized the Mayor to sign the Final Map.
Finance:
C.21. 24‑392 Received and filed the quarterly investment report for the period ending June 30, 2024 and adopt a resolution approving updates to the City’s Investment Policy.
Human Resources:
C.22. 24‑378 Adopted Resolution R2024-139 approving the settlement agreement between the City of Manteca and the Manteca Firefighters, IAFF Local 1874 (Local 1874 or Fire Unit) Regarding Compensation and Fair Labor Standards Act (FLSA) Calculations for Fiscal Years 2021-22 and 2022-23; Authorized City Staff Appropriate and/or Allocate Sufficient Funds to Cover the Settlement Costs Consistent With This Staff Report and Resolution
C.23. 24-385 Adopted Resolution R2024-140 authorizing the Director of Human Resources to amend the Mission Square Retirement 457 Governmental Deferred Compensation Plan and Trust Document to include Optional Provisions.
Information Technology and Innovation:
C.24. 24-426 Adopted Resolution R2024-141 authorizing the City Manager or designee to complete and execute all documents and take all appropriate actions necessary to carry out the purpose and intent of the Resolution R24-120 for new lease and maintenance agreements for copiers, including a 36-month lease agreement with Caltronics.
Legislative Services/City Clerk:
C.25. 24-346 Waived the second reading by substitution of the title an adopted Ordinance O2024-13 of the City Council, of the City of Manteca amending Manteca Municipal Code Chapter 15.04 of Title 15 to incorporate California Building Code Appendix P adopting Appendix P; incorporating Emergency Housing Building Standards (CEQA Exempt pursuant to 14 Cal. Code Regs. § 15061(b)(3)).
C.26. 24-347 Waived the second reading by substitution of title and adopted Ordinance O2024-14 of the City Council of the City of Manteca, State of California, amending Manteca Municipal Code Title 10 Vehicles and Traffic, Chapter 10.12 Speed Limits, section 10.12.020 Designated (speed limits on certain city streets).
C.27. 24-372 Waived the second reading by substitution of title and adopted Ordinance O2024-15 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.
C.28. 24-375 Waived the second reading by substitution of the title and adopted Ordinance O2024-16 of the City Council of the City of Manteca, State of California adding chapter 3.10 - General Public Services Transactions and Use of Tax.
C.29. 24-397 Pulled by Councilmember Halford, Councilmember Morowit, and Mayor Singh Waive the first reading by substitution of the title and introduce and ordinance of the Manteca City Council State of California Amending chapter 2.28 Recreation and Parks Commission Sections 2.28.010 - 2.28-.050 of the Manteca Municipal Code.
City Clerk Cassandra Tilton provide a brief report.
ACTION: Moved, seconded (Singh/Halford) to waive the first reading by substitution of the title and introduce and ordinance of the Manteca City Council State of California Amending chapter 2.28 Recreation and Parks Commission Sections 2.28.010 - 2.28-.050 of the Manteca Municipal Code, as amended to include compensation and conflict of interest.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
C.30. 24-395 Adopted Resolution R2024-142 establishing a Legislative Response Policy.
C.31. 24-377 Approved the July 16, 2024, Special Meeting Minutes
Public Works:
C.32. 24-368 Adopted Resolution R2024-143 approving an agreement with Valley Water Collaborative in an amount not to exceed $10,000 annually; and authorized the City Manager to sign the agreement and all associated documents. Term of agreement is as long as City is participating in the Management Zone for the duration of and compliance with the Nitrate Control Program.
C.33. 24-399 Pulled by member of the public
Adopt a resolution approving Plans and Specifications for the Manteca Golf Course Project Replace Fencing along Crom Street (CIP 24037), approving the California Environmental Quality Act Notice of Exemption determination, authorizing a Call for Bids, and authorizing the City 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 Reg. § 15301(d).).
ACTION: Moved, seconded (Morowit/Breitenbucher) to adopt Resolution R2024-144 approving Plans and Specifications for the Manteca Golf Course Project Replace Fencing along Crom Street (CIP 24037), approving the California Environmental Quality Act Notice of Exemption determination, authorizing a Call for Bids, and authorizing the City 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 Reg. § 15301(d).).
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
D. PUBLIC HEARINGS:
D.1. 24‑370 Conduct a public hearing and adopt a resolution adopting the Government Building Facilities Nexus Fee Study and Capital Improvement Plan and establishing a fee schedule for the Government Building Facilities Fee
Clerk Note: Item was removed from the agenda with a vote of the City Council during Supplemental Reports.
E. DISCUSSION ITEMS:
E.1. 24‑262 Receive presentation and adopt a resolution approving the proposed location for the new Manteca Police Department and amend the FY 2024-25 Budget and Capital Improvement Program to appropriate $200,000 from Government Facilities Fees to hire a consultant to prepare and issue a request for proposal (RFP) for design.
Chief of Police Stephen Schluer presented a PowerPoint Presentation.
Judy Blumhorst provided public comment on the item.
Kitty Walker provided public comment on the item.
Maxie Sellers provided public comment on the item.
Mayor Singh called for recess at 7:52 p.m.
Mayor Singh reconvened the meeting at 8:05 p.m.
ACTION: Moved, seconded (Halford/Morowit) to adopt Resolution R2024-145 approving the proposed location for the new Manteca Police Department and amend the FY 2024-25 Budget and Capital Improvement Program to appropriate $200,000 from Government Facilities Fees to hire a consultant to prepare and issue a request for proposal (RFP) for design.
Motion carried:
AYES: Breitenbucher, Halford, Morowit, Nuño, Singh
NOES: None
E.2. 24‑398 Appoint a City Council Voting Delegate and up to two Alternates to the League of California Cities Annual Business Meeting; direct the City Clerk to complete the voting delegate form and submit to the League Office.
City Clerk Candini-Tilton provided a brief report.
ACTION: Moved, seconded (Singh/Breitenbucher) to appoint Councilmember Morowit as a City Council Voting Delegate and Councilmember Halford and Vice Mayor Breitenbucher as Alternates to the League of California Cities Annual Business Meeting; and directed the City Clerk to complete the voting delegate form and submit to the League Office.
Motion carried:
AYES: Breitenbucher, Halford, Nuño, Singh
NOES: Morowit
F. CITY MANAGER COMMENTS:
City Manager Toni Lundgren welcomed new Deputy Director of Planning Jesus Orozco; commended Fire Department staff for their participation in various mutual aid deployments; recognized and expressed gratitude to the Recreation and Community Services Department for their efforts coordinating community events; provided an update on pavement improvement projects; announced the District 1 community clean-up event for August 24, 2024 from 8:00 a.m. to 2:00 p.m. at 2450 W. Yosemite; announced the recent Facebook Live event pertaining to the City’s response to homelessness initiatives; announced the upcoming Facebook Live pertaining to street conditions, funding, and resources; spoke regarding the Olympic spirit and thanked everyone and Team Manteca for participating in the Olympics’ theme for the City Council meeting.
G. COUNCIL COMMENTS:
Councilmember Nuño recognized and expressed gratitude to the Recreation and Community Services Department for their efforts coordinating community events; and expressed enthusiasm for approval of the item for the new Manteca Police Department.
Councilmember Morowit spoke regarding the success of the recent National Night Out event; commended the Public Works Department for their work on current projects, including in-house projects; expressed gratitude to the Recreation and Community Services Department for their efforts coordinating community events; and expressed enthusiasm for the approved item for the new Manteca Police Department.
Councilmember Halford commended the Public Works Department for their work on current projects and noted that there was more work ahead; expressed gratitude to the Recreation and Community Services Department for their efforts coordinating community events; spoke positively regarding the approved item for new Manteca Police Department and noted the need to ensure community support.
Vice Mayor Breitenbucher noted the Yosemite Avenue pavement project was part of the American Rescue Plan (ARPA) funds; spoke positively of his interaction with City staff for their assistance with his solid waste services account; encouraged residents to contact City staff for assistance with their utility and solid waste services; spoke regarding previous efforts to approve a new Police Department station and expressed optimism for this new effort; spoke regarding the success of the recent National Night Out event; and spoke regarding his wedding celebrations.
Mayor Singh commended the Public Works Department for their work on current projects; commended City staff for informing residents regarding projects; expressed gratitude to the Recreation and Community Services Department for their efforts coordinating community events; spoke positively regarding the approved item for the new Manteca Police Department; requested and received an update from Engineering Director Kevin Jorgensen on the Main Street and Woodward Avenue signal light project; and requested and received City Council consensus for City staff to review the agreement with Ripon for Fire protection services.
H. ADJOURNMENT: Mayor Singh adjourned the meeting at 8:48 p.m.
___________________________
CASSANDRA CANDINI-TILTON
CITY CLERK