MINUTES OF THE MANTECA CITY COUNCIL REGULAR MEETING HELD SEPTEMBER 1, 2015

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1 MINUTES OF THE MANTECA CITY COUNCIL REGULAR MEETING HELD SEPTEMBER 1, 2015 The regular meeting of the Manteca City Council held September 1, 2015, in the Manteca City Council Chambers, located at 1001 W. Center Street, Manteca, California, was called to order by Mayor DeBrum at 7:00 p.m. Invocation was given by Fire Chief Kirk Waters, followed by the flag salute. ROLL CALL: Councilmembers Hernandez, Morowit, Silverman and Mayor DeBrum were present. Councilmember Moorhead absent (excused). PRESENTATIONS/PROCLAMATIONS Members of St. Paul s Methodist Church were present to receive recognition for the 100 th Anniversary of St. Paul s. A. CONSENT CALENDAR 1. Approve regular and special meeting minutes of the Manteca City Council of August 18, Receive and file the Project Status Report for September 1, Approve request of Manteca Unified Student Trust for financial assistance to defray costs of City-related expenses in the amount of approximately $970 for the Faustina Rosas Memorial Pumpkin Run on October 3, Approve a budget transfer of $4,000 from Account No (Terra Bella Capital Improvements Parks LMD Well) to Account No (Terra Bella Major Repairs and Contingencies) for repair of Terra Bella LMD Irrigation Well. 5. Authorize the Mayor to send a letter of opposition to Assembly Member Kansen Chu, regarding Assembly Bill 718 (Removal of Regulatory Authority; Vehicles Used for Human Habitation). 6. Accept insurance payment through the Municipal Pooling Authority (MPA) for water and structural damages to the Successor Agency-owned property, located at 555 Industrial Park Drive ( Qualex Property ), in the amount of $131,601.23, and designate funds received to be used to assist with disposition costs of the building. 7. Adopt a resolution temporarily reducing permit fees for ADA-related improvements. 8. Accept Monte Bello Estates Unit No. 1 Final Map. 9. Approve request by the Boys and Girls Clubs of Manteca and Lathrop to insert a flyer promoting the 36 th Annual Telethon November 13, 2015,

2 PAGE 2 inside the City s October utility bills, contingent upon payment of the City s cost to insert the flyer. 10. Waive the final reading by substitution of the title and adopt Ordinance No. 1571, an ordinance of the City Council of the City of Manteca amending Manteca Municipal Code, Title 17, Section Allowed Uses and Required Entitlements, and Section Allowed Use Defined. 11. Approve Change Order No. 2 to construction contract with Diede Construction for the Moffat Boulevard Community Center/VFW Hall, increasing the total contract amount by $114, Councilmember Silverman pulled Items Nos. 2 and 11 for further discussion. The public requested Items Nos. 5 and 7 be pulled for further discussion. ACTION: APPROVE CONSENT CALENDAR ITEMS 1, 3, 4 6, AND (Hernandez/Silverman) The motion carried unanimously. Discussion of Item A.2 Councilman Silverman requested an update on Project No. 2 Dog Park. The Parks and Recreation Director responded. ACTION: APPROVE CONSENT CALENDAR ITEM A.2. (Silverman/Morowit) The motion carried unanimously. Discussion of Item A.5 Leonard Smith, Manteca resident addressed the Council regarding criminalization of the homeless and a wording amendment to the draft letter proposed with this item. ACTION: APPROVE CONSENT CALENDAR ITEM A.5. (Morowit/Silverman) The motion carried unanimously. Discussion of Item A.7 Richard Hanson, area resident spoke to the item in question and requested a waiver of permit fees for the American Legion ADA improvements at its facility. ACTION: APPROVE CONSENT CALENDAR ITEM A.7. (Silverman/Hernandez) The motion carried unanimously. Discussion of Item A.11 Councilman Silverman noted he would be voting no on this item to remain consistent with prior actions taken. ACTION: APPROVE CONSENT CALENDAR ITEM A.11. (Hernandez/Morowit) The motion carried 3-1, Silverman voting no.

3 PAGE 3 B. PUBLIC HEARINGS 1. Adopt a resolution making the required findings to adopt the Initial Study/Mitigated Negative Declaration as adequate environmental documentation in compliance with the California Environmental Quality Act (CEQA); approve a Vesting Tentative Subdivision Map and Site Plan review, subject to Development Review conditions dated August 11, 2015, for the Alma Place Project; and consider directing staff to add signalization of the intersections at St. Dominic s Drive/West Yosemite Avenue and Trevino/West Yosemite Avenue to the Public Facilities Implementation Program (PFIP)- Transportation, subject to verification of engineering warrants in support of the inclusion of these intersections. The Assistant City Attorney stated McFall Burnett & Brinton has a conflict of interest as they represent the applicant. He recused himself and left the room. Erika Durrer, Senior Planner introduced and overviewed the duly noticed public hearing for the Alma Place Project Vesting Tentative Subdivision Map and Site Plan. The Mayor opened the public hearing. Ron Cheek, RLC Associates representing the applicant addressed the Council on the 184 unit proposal. Mr. Cheek proposed an amendment to conditions 7 and 8 of the Development Review Conditions. The amendment proposed the barrier/netting be changed from 55-feet to 40-feet in height and called for a 50/50 participation between the developer and the City for the cost of the barrier/netting. The Mayor closed the public hearing. ACTION: ADOPT A RESOLUTION MAKING THE REQUIRED FINDINGS TO ADOPT THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AS ADEQUATE ENVIRONMENTAL DOCUMENTATION IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); APPROVE A VESTING TENTATIVE SUBDIVISION MAP AND SITE PLAN, SUBJECT TO DEVELOPMENT REVIEW CONDITIONS DATED AUGUST 11, 2015, FOR THE ALMA PLACE PROJECT; AND, DIRECT STAFF TO ADD SIGNALIZATION OF THE INTERSECTIONS AT ST. DOMINIC S DRIVE/WEST YOSEMITE AVENUE AND TREVINO/WEST YOSEMITE AVENUE TO THE PUBLIC FACILITIES IMPLEMENTATION PROGRAM (PFIP)- TRANSPORTATION, SUBJECT TO VERIFICATION OF ENGINEERING WARRANTS IN SUPPORT OF THE INCLUSION OF THESE INTERSECTIONS. (Hernandez/Morowit) The motion carried 3-1, Silverman voting no. The Assistant City Attorney returned to the table.

4 PAGE 4 C. MAYOR AND COUNCIL 1. Approve response to the San Joaquin County Grand Jury Report entitled Charity Begins at Home - Unattended For-Profit Donation Bins Proliferate Across County, and authorize the Mayor to sign the response. Management Analyst Johanna Ferreira provided the Council with an overview of the item. ACTION: AUTHORIZE THE MAYOR TO SIGN AND SEND THE RESPONSE TO THE SAN JOAQUIN COUNTY GRAND JURY REPORT ENTITLED CHARITY BEGINS AT HOME UNATTENDED FOR PROFIT DONATION BINS PROLIFERATE ACROSS COUNTY. (Morowit/Silverman) The motion carried unanimously. 2. Consider support or opposition to League of California Cities 2015 Annual Conference Resolutions. The City Manager presented the four resolutions to be considered at the upcoming Annual League of California Cities Conference. Mayor Pro Tempore Morowit will serve as the City s voting delegate. Resolution No. 1: Resolution relating to League bylaws amendments regarding succession of League offices to fill vacancies. Resolution No. 2: Resolution of the League of California Cities calling for legislation to preserve therapeutic environments for group homes and avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods. Resolution No. 3: Resolution of the League of California Cities supporting SB 593 (McGuire) and continued local flexibility for cities as they address neighborhood and fiscal impacts of temporary rentals of residential units. Resolution No. 4: Resolution calling upon the Governor and the Legislature to work with the League of California Cities to enact legislation or to otherwise compel Southern California Edison to create a program to automatically provide direct compensation to its customers affected by prolonged electrical power outages under specified circumstances. ACTION: AUTHORIZE MAYOR PRO TEMPORE MOROWIT AS THE CITY S VOTING DELEGATE TO SUPPORT RESOLUTIONS 1, 2 AND 3 AND TO MAINTAIN A NEUTRAL POSITION ON RESOLUTION 4. (Silverman/Morowit) The motion carried unanimously.

5 PAGE 5 3. Receive report from Councilman Hernandez on Hearing on Rail Improvements and Expansion of Passenger Rail Service. Councilman Hernandez provided the City Council with an overview of a hearing he attended on August 21 as Manteca s representative on the San Joaquin Regional Rail Commission. The need to expand transit and intercity rail, while recognizing funding limitations needed to do so was discussed. Without objection, the Mayor deemed the report on rail improvements and expansion of passenger rail service as received. D. ORAL COMMUNICATIONS Lou Varni, Manteca resident addressed the Council regarding the paving and maintenance of alleys in the Raylow/Mylnar and surrounding area. Greg Mendoca, Manteca resident spoke to the proposed method to improve the alleyways in the Raylow/Mylnar area. Mayor Pro Tempore Morowit left the meeting at 8:39 p.m., returning at 8:40 p.m. Richard Hanson, area resident recognized public safety employees for the work they do and highlighted upcoming fundraising activities of the American Legion. E. CITY MANAGER COMMENTS None. F. COUNCIL COMMENTS Mayor Pro Tempore Morowit thanked the Parks and Recreation staff for response to a citizen issue and spoke to his recent attendance at a meeting of the Joint Criminal Justice Task Force. Councilmember Silverman thanked the community for supporting the recent Tip a Firefighter Event to benefit Give Every Child a Chance. He also highlighted the City s Government Outreach/GO APP available for use by the public. Councilmember Hernandez provided a brief history of how the City learned about the Government Outreach program. G. ADJOURNMENT With nothing further to come before the City Council, Mayor DeBrum adjourned the meeting at 8:52 p.m.in memory of those in public service (police and fire) who have

6 PAGE 6 lost their lives in the line of duty, to the next regular meeting of the City Council to be held on Tuesday, September 15, 2015, 7:00 p.m., in the City Council Chambers, 1001 W. Center Street, Manteca, California. JOANN TILTON, MMC CITY CLERK STEPHEN F. DEBRUM MAYOR