1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, January 10, 2023
7:00 PM
See last pages of agenda for information regarding meeting procedures.
CITY COUNCIL
Mayor, Gary Singh
Vice Mayor, Mike Morowit
Councilmember, David Breitenbucher
Councilmember, Charlie Halford
Councilmember, Jose Nuño
REGULAR MEETING AGENDA
REGULAR MEETING AGENDA
MANTECA CITY COUNCIL
JANUARY 10, 2023
7:00 PM
1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
Members of the public that wish to submit public comments may do so by several different methods. Public Comment may be submitted in person and the following ways. • Zoom Webinar:
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Phone number: (669) 900 6833
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- eComment may be submitted at any time up to the item being heard during the Council Meeting. - 500 character limit
• Email, Mail or Hand delivered to:
[email protected]
Office of the City Clerk, 1001 W. Center St., Ste. G,
Manteca, CA 95337
- Communications will presented as a supplemental report and be made part of the official record. *Note: For written public comments indicate in the subject line the agenda item number or if the item is related to general public comment.
CALL TO ORDER: Mayor Singh
ROLL CALL: City Clerk
INVOCATION/FLAG SALUTE: Father John Peter Pregasam, St. Anthony's Catholic Church AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
A. PRESENTATIONS:
Certificate of Recognition presented to Manteca High Varsity Football Coaches and Team for the Sac-Joaquin Section Division II Championship Title.
A.1. 22-626
Attachments: Attachment 1 - Certificate of Recognition
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
CITY COUNCIL REGULAR MEETING AGENDA January 10, 2023
City Manager:
Adopt a resolution continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID-19).
C.1. 23-001
Attachments: Attachment 1 - Resolution
Adopt a resolution accepting a California Public Utilities Commission Local Agency Technical Assistance Grant for $101,200.00, for developing a Broadband Fiber Master Plan (the “Project”), approve a budget appropriation in the same amount to Innovation and Technology (Fund 350) Revenue Account Number 350.03.00.124-4475.41 and Expense Account Number 350.03.00.124-6000.12 to allow staff to expend funds as outlined in the grant budget, amend the Capital Improvement Plan to include this Project, and authorize staff to initiate the Request for Proposal process.
C.2. 22-635
Attachment 1 - Resolution
Attachment 2 - LATA Grant Guidelines
Attachment 3 - Manteca LATA Grant Application rev. 113022 Attachment 4 - City of Manteca LATA award letterhead
Attachment 5 - LATA Consent Form 9-27-22 (1)
Attachment 6 - Government-Agency-Taxpayer-ID-Form-1
Attachments:
Engineering:
Adopt a resolution accepting the Woodbridge Apartments Offsite Improvements and Onsite City Waterline Installation; approving exoneration of the Performance Bond; approving exoneration of the Labor and Materials Bond six (6) months after the date of acceptance; and approving exoneration of the Warranty Bond twelve (12) months after the date of acceptance.
C.3. 22-645
Attachment 1 - Resolution
Attachment 2 - Location Map
Attachment 3 - Construction Inspector Memorandum
Attachments:
Adopt a resolution accepting Public Improvements for the Cerri Unit No. 1, Tract 4033, subdivision; approving exoneration of the Performance Bond; approving exoneration of the Labor and Materials Bond six (6) months after the date of acceptance; and approving exoneration of the Warranty Bond twelve (12) months after the date of acceptance.
C.4. 23-008
Attachment 1 - Resolution
Attachment 2 - Location Map
Attachment 3 - Construction Inspector Memorandum
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA January 10, 2023
Human Resources:
Adopt a resolution approving budget appropriations in the amount of $20,000 to fund the equity adjustment necessary to alleviate compaction between the Police Captain(s) their immediate subordinate(s) and approve the Salary Matrix for the Manteca Public Safety Management Association (MPSMA) effective September 1, 2022.
C.5. 22-644
Attachment 1 - Resolution
Attachment 2 - Salary Matrix
Attachments:
Legislative Services/City Clerk:
Consider the recommendations and appointments for the 2023 City Council Board, Commission, and Committee appointments.
C.6. 22-002
Attachment 1 - Appointment Overview
Attachment 2 - Current Roster
Attachment 3 - Proposed Appointments List
Attachments:
C.7. 23-005 Approval of the December 20, 2022, Regular Meeting Minutes.
Attachments: Attachment 1 - 12-20-22 Regular Meeting Minutes Police Department:
Adopt a resolution approving a budget appropriation in the amount of $60,902 from Supplemental Law Enforcement Services Fund Reserves (Fund 160) to Special Department Supplies (Account No.
160.11.00.200-6200.02 for $8,302) and Maintenance Agreements & Licenses/Software (Account No. 160.11.00.200-6350.01 for $52,600) for the purchase of technology-based equipment and software for traffic enforcement, collision reporting and online report interfacing, and amend the Capital Improvement Plan to include the mobile printer purchases as a Project.
C.8. 23-007
Attachment 1 - Resolution
Attachment 2 - Crossroads Software Quote
Attachment 3 - Rugged Depot Printer Quote
Attachment 4 - LexisNexis (CopLogic) Update Quote
Attachments:
Public Works:
Adopt a resolution awarding the Request for Proposal of Tires and Repairs Services to McCoy Truck Tire Service Center, Inc. and authorizing the City Manager, or designee, to execute a three (3) year contract with McCoy Truck Tire Service Center, Inc. in annual amount of $170,000 and total compensation not to exceed $510,000 for tire purchases and repairs for C.9. 22-597
CITY COUNCIL REGULAR MEETING AGENDA January 10, 2023
the City of Manteca’s fleet.
Attachment 1 - Resolution
Attachment 2 - Contract
Attachment 3 - RFP: Tires and Repairs Services
Attachments:
D. PUBLIC HEARINGS:
Adopt a resolution confirming the approval of the Planning Commission decision to adopt the Mitigated Negative Declaration (MND) and approve the Site Plan and Design Review Application for GBX Manteca, located at 2261 Operation Place (File No. SPC 21-136); Conduct a public hearing and uphold the Planning Commission approval of the GBXManteca Project by denying the appeals from the Golden State Environmental Justice Alliance and The City of Lathrop; (SCH Number 2022060520).
D.1. 22-605
Attachment 1 - Resolution
Attachment 2 - Exhibit A to attachment 1- Combined Appeal Letters Attachment 3- Exhibit B to attachment 1- Inisital Study/Mitigated Negative Declaration Attachment 4 - Exhibit C to attachment 1 - MMRP
Attachment 5 - Exhibit D to attachment 1 - Plan Set
Attachment 6 - Exhibit E to attachment 1 - Conditions of Approval Attachment 7- Planning Commission Staff Report
Attachment 8 - MND Comments Received
Attachment 9 - MND Response to Comments
Attachment 10 - PowerPoint
Attachments:
Adopt a resolution confirming the approval of the Planning Commission decision to adopt the Mitigated Negative Declaration (MND) and approve the Site Plan and Design Review Application for Airport Business Centre North, located at 3045, 3123, & 3157 N. Airport Way (File No. SPC 22-45); Conduct a public hearing and uphold the Planning Commission approval of the Airport Business Centre North Project by denying the appeals from the Golden State Environmental Justice Alliance and the City of Lathrop; (SCH Number 2022100047).
D.2. 23-020
CITY COUNCIL REGULAR MEETING AGENDA January 10, 2023
Attachment 1 - Resolution
Attachment 2 - Exhibit A to Attachment 1 - Combined Appeal Letters Attachment 3 - Exhibit B to Attachment 1 - Initial Study/Mitigated Negative Declaration Attachment 4 - Exhibit C to Attachment 1 - MMRP
Attachment 5 - Exhibit D to Attachment 1 - Approved Plan Set Attachment 6 - Exhibit E to Attachment 1 - Conditions of Approval Attachment 7 - Planning Commission Staff Report
Attachment 8 - MND Comments Received
Attachment 9 - MND Response to Comments
Attachment 10 - PowerPoint
Attachments:
E. INTERVIEWS AND APPOINTMENTS:
It is recommended that the City Council interview and appoint one member to the San Joaquin County Mosquito and Vector Control District to serve a four (4) year term.
E.1. 22-631
Attachments: Attachment 1 - Application
It is recommended that the City Council interview and appoint two applicants to fill existing openings on the Manteca Youth Advisory Commission and direct the City Clerk to continue to solicit applications for the remaining open vacancies.
E.2. 22-628
Attachment 1 - Applications
Attachment 2 - Current Roster
Attachment 3 - Bylaws
Attachments:
It is recommended that the City Council interview and appoint one alternate applicant to the Senior Advisory Committee to fill a vacancy with a term ending December 31, 2023.
E.3. 22-632
Attachment 1 - Application
Attachment 2 - Roster
Attachment 3 - Bylaws
Attachments:
It is recommended that the City Council interview and appoint two applicants to the Manteca Recreation and Parks Commission (one regular and one alternate member) to fill expired term vacancies (term beginning January 1, 2023 and ending December 31, 2025).
E.4. 22-633
Attachment 1 - Applications
Attachment 2 - Roster
Attachment 3 - Bylaws
Attachments:
E.5. 22-630 It is recommended that the City Council interview and appoint five
CITY COUNCIL REGULAR MEETING AGENDA January 10, 2023
applicants to the Manteca Planning Commission to fill term expirations of four regular member seats and one alternate seat. One member and the alternate will be appointed by the Mayor with terms ending December 31, 2026, one member that will be appointed by the District 3 Councilmember with a term ending December 31, 2026, one member that will be appointed by the District 4 Councilmember with a term ending December 31, 2026, and one member that will be appointed at large with a term ending December 31, 2024.
Attachment 1 - Applications
Attachment 2 - Current Roster
Attachment 3 - Bylaws
Attachments:
F. CITY MANAGER COMMENTS:
G. COUNCIL COMMENTS:
H. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, January 24, 2023, at 7:00 p.m.
I hereby certify that the agenda for the above stated meeting was posted at a location accessible to members of the public at City Hall, 1001 W. Center Street, Manteca, CA on Thursday, January 5, 2023, by 5:00 p.m. /s/ Marco Martinez
____________________________________________
MARCO MARTINEZ
ACTING ASSISTANT CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA January 10, 2023
MEETING DATES:
The City Council meets regularly on the first and third Tuesday of each month; additional meetings may be scheduled as needed.
INFORMATION AVAILABLE FOR CITY COUNCIL MEETINGS:
Information and documents related to items on this agenda are available on the City ’s website at www.mantecagov.com; you may also contact the City Clerk for information by email at [email protected]; by calling (209) 456.8017; or in person at 1001 W. Center St., Ste. B, Manteca. Any documents related to an agenda item that are provided to a majority of the City Council after distribution of the agenda packet are reported by the City Clerk at the meeting under “Supplemental Reports” and are available for public inspection.
CITY POLICY TO FACILITATE ACCESS TO PUBLIC MEETINGS:
The City of Manteca complies with all applicable requirements of the Americans with Disabilities Act and California law, and does not discriminate against any person with a disability. If any person has a disability and requires information or materials in an appropriate alternative format (or any other reasonable accommodation), contact the City Clerk at (209) 456.8017 or email at [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting .
For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, for text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. In making any request to the City for assistance, please provide advance notice of at least three (3) business days prior to the meeting.
CONDUCT OF CITY COUNCIL MEETINGS:
Meetings are conducted in accordance with the requirements of state law (the “Ralph M. Brown Act,” California Government Code Sections 54950, et seq.) and the City’s Decorum Policy. Members of the public may address the Council at designated times and are expected to conduct themselves with courtesy and respect. Speakers should direct comments to the Mayor and City Councilmembers, not the audience. Speakers are expected to yield the floor when the time limit is identified and comply with the City ’s Rules of Order. Speaking times are limited to no more than three (3) minutes per person, with the exception of certain hearings and appeals.
PUBLIC COMMENT (INCLUDING CONSENT ITEMS AND DISCUSSION ITEMS):
The public may directly address the City Council on any subject within the Council’s subject matter jurisdiction, including any matter that is not on the agenda. Speaking time is limited to no more than three (3) minutes per person, the Mayor shall then inform the speaker that they have fifteen (15) seconds to wrap up their comment. If the Mayor does not do so, any other member of the City Council and/or City staff present may also make this reminder. If the matter is not on the agenda, or if the matter is a consent item or discussion item, submit a speaker card or request to speak during the Public Comment portion of the meeting. Speaker cards are not required if the speaker otherwise makes a clear and timely request to address the Council, but do promote the efficient and orderly progress of the meeting. Information on Speaker Cards is subject to disclosure under the California Public Records Act. A public comment speaker may only speak once per item. A majority of the City Council (by motion) may elect to increase the time limit by an additional one (1) minute on an item/segment, or decrease the time limit by one (1) minute on an item/segment; provided, however, such a decision must be made by a motion of the City Council prior to the beginning of the segment – i.e., once public comment has begun on an item/segment, the City Council shall not adjust the time limit. All public comment speakers, regardless of whether or not a minute is added to or taken away from the public comment period, shall be afforded the same amount of time to speak.
CONSENT ITEMS:
These items are considered routine and may be approved by a single vote. Only the Mayor or a majority of the City Council may authorize public input after the consent calendar is introduced.
DISCUSSION ITEMS:
Only the Mayor or a majority of the City Council may authorize public input after a discussion item is introduced.
CITY COUNCIL REGULAR MEETING AGENDA January 10, 2023
PUBLIC HEARINGS/APPEALS:
During any public hearing or appeal, any person may directly address the City Council. Applicants (or appellants) are allowed five (5) minutes to present testimony at the beginning of the public hearing, and if needed, five (5) minutes to present rebuttal at the end of the public hearing. Upon the request of the applicant/appellant, and approval by motion of the majority of the City Council, the applicant/appellant may receive an additional five (5) minutes of rebuttal time. The City Council may direct questions on such matters to both City staff and the applicant/appellant at any juncture, and without impacting the time limits of the applicant /appellant. All other speakers will be limited to three (3) minutes.
INFORMATIONAL ITEMS:
The Informational Items section of the agenda is a place for City Council and the public to receive general information that does not require action.
CLOSED SESSION:
The City Council is authorized to meet in closed session, without attendance by the public, on limited confidential topics such as pending litigation, real property negotiations, or personnel or labor matters.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000 21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000 15387). For each item that requires a CEQA determination by City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this Agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this Agenda.
CHALLENGES TO DECISIONS MADE BY THE CITY COUNCIL:
If a person wishes to file a legal challenge to any decision made by the City Council, you may be limited to raising only those issues which you or someone else raised during the meeting, or in a written communication received by the City Clerk prior to or during the meeting. In addition, a legal challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies. The time limit to commence any legal challenge may be subject to strict timing requirements, and failure to comply with applicable timing requirements may result in a legal challenge being barred. Any lawsuit or legal challenge to any quasi -adjudicative decision made by the City Council is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by City Council must be filed no later than the 90th day following the date on which such decision becomes final.