1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, February 21, 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
FEBRUARY 21, 2023
7:00 PM
1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
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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Office of the City Clerk, 1001 W. Center St., Ste. G,
Manteca, CA 95337
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CALL TO ORDER: Mayor Singh
ROLL CALL: City Clerk
INVOCATION/FLAG SALUTE: Douglas Montandon, Love INC
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PRESENTATIONS:
Certificate of 2021 Employee of the Year honoring Derek Perry, Wastewater Maintenance Worker III.
A.1. 23-043
Attachments: Attachment 1 - 2021 Employee of the Year Certificate Certificate of 2021 Humanitarian of the Year honoring Aaron Jeffery, Streets Maintenance Manager.
A.2. 23-055
CITY COUNCIL REGULAR MEETING AGENDA February 21, 2023
Attachments: Attachment 1 - 2021 Humanitarian of the Year Certificate B. PUBLIC COMMENT:
C. CONSENT ITEMS:
City Manager:
Adopt a resolution continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID-19).
C.1. 23-090
Attachments: Attachment 1 - Resolution
Adopt a resolution opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.
C.2. 23-095
Attachment 1 - Resolution
Attachment 2 - Oppose Letter
Attachment 3 - Summary Outline
Attachment 4 - Fiscal Analysis
Attachments:
Engineering:
Adopt a resolution approving an amendment to the Improvement Agreement for Villa Ticino West Unit No. 1, Tract 3567, modifying SCHEDULE B, Transportation System, Table 1, Transportation System P.F.I.P. Reimbursement, increasing the amount from $627,928.69 to $638,357.50; modifying SCHEDULE B, Sewer Collection System, Table 3, Sewer Collection System, Financing Zone 22 P.F.I.P.
Reimbursement, increasing the amount from $1,419,336 to $2,276,640; and authorizing the City Manager to sign and take all necessary steps to effectuate the amendment.
C.3. 23-059
Attachment 1 - Resolution
Attachment 2 - Amendment No 1 to the Villa Ticino West Unit No. 1 Improvement Agreement Attachment 3 - Exhibit "A" to Amendment No. 1 - Schedule B Transportation Table 1 and Sewer Collection Table Attachments:
Adopt a resolution accepting Public Improvements for the Griffin Park, Unit No. 1, Tract 4046 and Griffin Park, Unit No. 2, Tract 4044 subdivisions; approving exoneration of the Performance Bonds; approving exoneration of the Labor and Materials Bonds six (6) months after the date of acceptance; and approving exoneration of the Warranty Bonds twelve (12) months after the date of acceptance.
C.4. 23-074
Attachment 1 - Resolution
Attachment 2 - Construction Inspector Memorandum
Attachments:
Adopt a resolution accepting Public Improvements for the Griffin Park, Unit No. 3, Tract 4045 and Griffin Park, Unit No. 4, Tract 4049 C.5. 23-075
CITY COUNCIL REGULAR MEETING AGENDA February 21, 2023
subdivisions; approving exoneration of the Performance Bonds; approving exoneration of the Labor and Materials Bonds six (6) months after the date of acceptance; and approving exoneration of the Warranty Bonds twelve (12) months after the date of acceptance.
Attachment 1 - Resolution
Attachment 2 - Construction Inspector Memorandum
Attachments:
Adopt a resolution approving an amendment to the Improvement Agreement for the Wackerly Subdivision, Tract 4048, modifying SCHEDULE B, Table 1, Transportation System P.F.I.P.
Reimbursement, increasing the amount list as Total Transportation Facilities System PFIP Reimbursement from $73,217.01 to $121,989.99; and authorizing the City Manager to sign and take all necessary steps to effectuate the amendment.
C.6. 23-084
Attachment 1 - Resolution
Attachment 2 - Amendment No. 1 to the Wackerly Subdivision Improvement Agreement Attachment 3 - Exhibit A to Amendment No. 1 - Schedule B Transportation Table 1 Attachments:
Adopt a resolution authorizing the City Manager or designee to 1) execute the Measure K Cooperative Agreement C-23-051 for State Route 120/Main Street Project Study Report; 2) execute the Measure K Cooperative Agreement C-23-052 for State Route 120/Airport Way Project Study Report; 3) appropriate $500,000 in Measure K funds from San Joaquin County of Governments (SJCOG) to Capital
Improvements-Transportation Interchanges (Account No.
440.00.00.900-8150.41); 4) assign new Capital Improvement Program numbers for said projects; 5) award Professional Services of the State route 120/Airport Way Diverging Diamond Interchange Project and the State Route 120/Main Street Diverging Diamond Interchange Project to Mark Thomas and Company, Inc. not to exceed $499,792; and 6)authorize 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.
C.7. 23-087
Attachment 1 - Resolution
Attachment 2 - Cooperative Agreement (C-23-051)
Attachment 3 - Cooperative Agreement (C-23-052)
Attachment 4 - Professional Services Agreement
Attachment 5 - Project Location Map
Attachments:
Adopt a resolution, as the land use agency, relying on the 2022 Annual Adequate Progress Report Update provided by the San Joaquin Area Flood Control Agency (SJAFCA), validating the July 5, 2016, Finding of Adequate Progress in the Reclamation District 17 Mossdale Tract Area.
C.8. 23-094
CITY COUNCIL REGULAR MEETING AGENDA February 21, 2023
Attachment 1 - Resolution
Attachment 2 - Exhibit “A” to Resolution 2022 Annual Adequate Progress Report Update Attachment 3 - SJAFCA letter of transmittal to CVFPB
Attachments:
Finance:
Receive and file the quarterly investment report for the period ending December 31, 2022.
C.9. 23-086
Attachments: Attachment 1 - Investment Report December 31, 2022 Adopt a resolution authorizing the City Manager to execute a Master Services Agreement with Hinderliter, de Llamas and Associates, dba HdL Companies, for Business License Tax Administration and Compliance Management Services at an annual cost of approximately $64,000.
C.10. 22-509
Attachment 1 - Resolution
Attachment 2 - Master Services Agreement
Attachment 3 - Insurance
Attachments:
Fire Department:
Waive the first reading by substitution of the title and introduce an ordinance of the City Council of the City of Manteca adopting by reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24, Part 9 including appendices identified herein), including adoption of local amendments to the Building Standards Code; amending Title 15.24, Fire Code.
C.11. 23-053
Attachment 1 - Ordinance
Attachment 2 - Exhibit “A”
Attachment 3 - Exhibit “A” - Redline
Attachment 4 - Proposed Modifications Condensed: Fire
Attachments:
Legislative Services/City Clerk:
Waive the second reading by substitution of the title and adopt an ordinance of the City Council of the City of Manteca, State of California, amending section 13.16.011 to the Manteca Municipal Code revising the industrial sewer system service charge for Eckert Cold Storage.
C.12. 23-085
Attachments: Attachment 1 - Ordinance
C.13. 23-091 Approval of the February 7, 2023, Special and Regular Meeting Minutes.
CITY COUNCIL REGULAR MEETING AGENDA February 21, 2023
Attachment 1 - Regular Meeting Minutes February 7, 2023 Attachment 2 - Special Meeting Minutes January 24, 2023 Attachments:
D. PUBLIC HEARINGS:
Conduct a Public Hearing and adopt a resolution finding the project exempt from the California Environmental Quality Act (CEQA) per Section 15262 Feasibility and Planning Studies, and adopt the Downtown Manteca Transit Center Connectivity and Enhancement Plan.
D.1. 23-060
Attachment 1 - Resolution
Attachment 2 - Exhibit “A” to Resolution - Downtown Manteca Transit Center Connectivity and Enhancement Pla Attachment 3 - Planning Commission Staff Report
Attachment 4 - Presentation
Attachments:
**Previously Noticed to be heard; will be heard at a future City Council Meeting.**
Adopt a resolution approving the Cannabis Program Guidelines, Application, Map and proposed fees.
D.2. 23-092
E. DISCUSSION ITEMS:
Receive a presentation regarding the pavement maintenance plan and pavement condition index.
E.1. 23-069
Attachment 1 - City of Manteca PMP-PCI 2023 Presentation File Attachment 2 - City of Manteca Pavement Condition Index Update Memo Attachment 3 - PCI Map-City Limits 2022
Attachments:
E.2. 23-088 Receive a presentation on the Development Services Department.
Attachments: Attachment 1 - Presentation
F. CITY MANAGER COMMENTS:
G. COUNCIL COMMENTS:
H. ADJOURNMENT:
The next regularly scheduled City Council meeting is March 7, 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 February 16, 2023, by 6:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA February 21, 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 .
Consistent with SB 1100 the Mayor and City Councilmembers shall warn an individual that their behavior is disrupting the meeting and their failure to cease their behavior may result in removal. There will be order for the removal of the individual if they do not “promptly” cease their disruptive behavior.
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. On closed session items, all public comment speakers shall have only three (3) minutes to speak on all items, regardless of the number of items on the closed session agenda.
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 February 21, 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.