1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
Council Chamber
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, June 20, 2023
6:00 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
JUNE 20, 2023
6:00 PM
1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
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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: Cynthia Jackson, Transformed Through Hope AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PUBLIC COMMENT:
B. CONSENT ITEMS:
Engineering:
Adopt a resolution approving the Improvement Agreement for Griffin Park Unit No. 7, Tract 4140, Antone Raymus Parkway, Tinnin Road, and Traffic Signal at S. Main Street and Woodward Avenue, and Final Map for Griffin B.1. 23-263
CITY COUNCIL REGULAR MEETING AGENDA June 20, 2023
Park Unit No. 7, Tract 4140; authorize the City Manager to sign and take all necessary steps to effectuate the agreement; and authorize the Mayor to sign the Final Map.
Attachment 1 - Resolution
Attachment 2 - Improvement Agreement for Griffin Park Unit No. 7, Antone Raymus Parkway, Tinnin Road, and Attachment 3 - Griffin Park Unit No. 7 Final Map
Attachment 4 - Vicinity Map
Attachments:
Adopt a resolution approving the Improvement Agreement and Final Map for Oakwood Trails Unit No. 3, Tract 4139; authorizing an expenditure of $86,887.20 from the McKinley Avenue Interchange Project, Capital Improvement Program project 11034; and authorizing the City Manager to take all necessary steps to effectuate the Agreement.
B.2. 23-261
Attachment 1 - Resolution
Attachment 2 - Oakwood Trails Unit No. 3 Improvement Agreement Attachment 3 - Oakwood Trails Unit No. 3 Final Map
Attachment 4 - Vicinity Map
Attachments:
Adopt a resolution accepting two Grant Deeds from P.D. Danna, LLC, a California Limited Liability Company, and P.L. Danna, LLC, a California Limited Liability Company, which will grant to the City 14,838 square feet of real property from 3031 W. Woodward Avenue and 1,346 square feet of real property from 3019 W. Woodward Avenue for widening and realignment of Yukon Territory Avenue.
B.3 23-262
Attachment 1 - Resolution
Attachment 2 - Grant Deeds
Attachments:
Adopt a resolution approving an amendment to the Improvement Agreement (Amendment No. 2) for Denali Unit No. 2 - Offsite Improvements, modifying SCHEDULE B, Transportation System, Table 1, Transportation System P.F.I.P. Reimbursement, decreasing the amount from $$1,188,157.88 to $976,832.88; approving an appropriation of $207,181.38 from the PFIP Transportation undesignated reserves into the S. McKinley Improvement Project (CIP 19066); and authorizing the City Manager to sign and take all necessary steps to effectuate the amendment.
B.4. 23-254
Attachment 1 - Resolution
Attachment 2 - Amendment No 2 to the Denali Unit No. 2 - Offsite Improvement Agreement Attachment 3 - Exhibit "A" to Amendment No. 2 - Comcast Customer Payment Coupon Attachment 4 - Exhibit "B" to Amendment No. 2 - Schedule B Transportation Table 1 Attachments:
B.5. 23-196 Adopt a resolution 1) approving Amendment No. 1 to the Professional
CITY COUNCIL REGULAR MEETING AGENDA June 20, 2023
Services Agreement with WSP USA, Inc. (C2022-77), increasing the compensation amount by $587,083, and extending the time of performance, for Construction Management Services; 2) approving Amendment No. 9 to the Professional Services Agreement with HDR Engineering, Inc. (A3625), increasing the compensation amount by $208,452.74, modifying the scope of services, and extending the time of performance, for Engineering Services during construction; 3) appropriating $795,535.74 from PFIP to Capital Improvement Transportation Interchanges (Account No. 590.00.00.900-8150.41); and 4) authorizing the City Manager or designee to execute, 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.
Attachment 1 - Resolution WSP HDR-Amendments
Attachment 2 - C2022-77 WSP Contract
Attachment 3 - WSP Amendment 1
Attachment 4 - A-3625 HDR Agreement
Attachment 5 - HDR - Amendment 9
Attachments:
Adopt a resolution approving grading and construction of improvements prior to filing of the Final Map for the Villa Ticino West Unit 6 subdivision.
B.6. 23-234
Attachment 1 - Resolution
Attachment 2 - Developer's Request Letter
Attachment 3 - Vicinity Map
Attachments:
Adopt a resolution accepting the improvement work and Notice of Completion for the Airport Way Pavement Improvement Project (CIP 11027) & Library Parking Lot Renovation (CIP 22062); authorize the City Clerk to file a Notice of Completion; authorizing the City Manager or designee to complete and execute all associated documents, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
B.7. 23-235
Attachment 1 - Resolution
Attachment 2 - Notice Of Completion
Attachment 3 - Payment Certification
Attachment 4 - Location Map
Attachments:
Adopt a resolution (1) approving Plans and Specifications for the Corwin Drive & Suess Court Water & Sewer Line Installation Project CIP No. 23008, (2) approving the California Environmental Quality Act Notice of Exemption determination for the Project, (3) authorizing a Call for Bids, and (4) authorizing the City Manager or designee to apply for permits, apply for State and Federal grants, solicit project funding support, complete and B.8. 23-194
CITY COUNCIL REGULAR MEETING AGENDA June 20, 2023
execute all associated documents, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
Attachment 1 - Resolution
Attachment 2 - Invitation To Bid
Attachment 3 - Notice of Exemption
Attachment 4 - Location Map
Attachments:
Approve partial acceptance of public improvements for the Thomas Street Subdivision, Tract 4110, in accordance with the Subdivision Partial Acceptance Policy, Resolution 2008-150.
B.9. 23-255
Attachment 1 – Vicinity Map
Attachment 2 - Warmington Residential Partial Acceptance Request Letter Attachment 3 - Construction Inspector Memorandum
Attachments:
Adopt a resolution 1) accepting Nor-Cal Pump & Well Drilling’s bid as the lowest responsive and responsible bid for the subject project; 2) adopting the project specific Labor Compliance Plan developed for the subject project as required by the Proposition 84 Grant; 3) authorizing the City Manager or designee to execute a construction contract with Nor-Cal Pump & Well Drilling for the subject project in the amount of $927,853, issue change orders, extend the construction contract, and approve project construction contingency not to exceed 15% for a total not to exceed construction budget of $1,067,031; 4) authorizing the City Manager or designee to execute the Professional Services Agreement with Brown & Caldwell for construction management and inspection services for the subject project in the amount of $206,867, issue change orders, extend the Profession Services Agreement, and approve project contingency not to exceed 15% for a total not to exceed construction management budget of $237,898; and 5) 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.
B.10. 23-253
Attachment 1 - Resolution
Attachment 2 - Location Map
Attachment 3 - Bid Tabulation
Attachment 4 - Construction Contract with Nor-Cal Pump
Attachment 5 - Agreement with Brown & Caldwell
Attachment 6 - Labor Compliance Plan
Attachments:
Adopt a resolution authorizing the City Manager or designee to 1) approve the Local Roadway Safety Plan (LRSP); 2) 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 B.11. 23-257
CITY COUNCIL REGULAR MEETING AGENDA June 20, 2023
necessary to carry out the purpose and intent of the resolution.
Attachment 1 - Resolution
Attachment 2 - Local Roadway Safety Plan (LRSP)
Attachments:
Adopt a resolution authorizing the City Manager or designee to 1) execute Amendment No. 1 to the Professional Services Agreement with Pacific Advanced Civil Engineers, Inc. in the amount of $328,330 for Engineering Services; and 2) 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.
B.12. 23-260
Attachment 1 - Resolution
Attachment 2 - C2022-156 PACE Agreement
Attachment 3 - Amendment No. 1 to C2022-156
Attachments:
Finance:
Receive and file the Annual Report by the Public Safety Sales Tax Oversight Committee.
B.13. 23-267
Attachments: Attachment 1 - 2022 Committee Report
Adopt resolutions declaring the City’s intention to levy annual assessments, and approving the Engineer’s Annual Levy Report for the City's Benefit Assessment Districts and Landscape Maintenance Districts for Fiscal Year 2023-24.
B.14. 23-175
Attachment 1 - Resolution Approving Annual Reports
Attachment 2 - Resolution of Intention to Levy and Collect Assessments Attachment 3 - LMD Report FY 2023-24
Attachment 4 - BAD Reports FY 2023-24
Attachments:
Adopt a resolution amending the Fiscal Year 2019-20, Fiscal Year 2020-21, Fiscal Year 2021-22, and Fiscal Year 2022-23 Gann Appropriations Limits, and approving the Fiscal Year 2023-24 Gann Appropriations Limit.
B.15. 23-241
Attachment 1 - Resolution
Attachment 2 - Revised Gann Limit Calculations
Attachment 3 - Fiscal Year 2023-24 Gann Limit Calculation Attachments:
Legislative Services/City Clerk:
Approval of the May 16, 2023, Special and Regular Meeting Minutes, May 26, 2023, Special Meeting Minutes and June 2, 2023, Special Meeting B.16. 23-222
CITY COUNCIL REGULAR MEETING AGENDA June 20, 2023
Minutes.
Attachment 1 - Special Meeting Minutes May 16, 2023
Attachment 2 – Regular Meeting Minutes May 16, 2023
Attachment 3 - Special Meeting Minutes May 26, 2023
Attachment 4 - Special Meeting Minutes June 2, 2023
Attachments:
Public Works:
Adopt a resolution authorizing the filing of the Low Carbon Transit Operations Program (LCTOP) Application, Certification and Assurances, and the Designation of Authorized Agents.
B.17. 23-216
Attachment 1 - Resolution
Attachment 2 - Certifications and Assurances
Attachment 3 - Authorized Agent Form
Attachments:
Adopt a resolution approving Change Order No. 1 with Conco West, Inc., for a contract increase of $1,812.78 for a total compensation amount not-to-exceed $358,912.78; accept the Wastewater Quality Control Facility (WQCF) Glycerin System Project (CIP 22060) as complete; authorize the City Clerk to file a Notice of Completion; and authorize the release of the retention payment thirty-five (35) days after the date of acceptance.
B.18. 23-219
Attachment 1 - Resolution
Attachment 2 - Change Order No. 1
Attachment 3 - Original Contract C2022-157
Attachment 4 - Notice of Completion
Attachment 5 - Final Payment
Attachments:
Approve a Professional Services Agreement with Badger Meter, Inc, for Beacon Advanced Metering Mobile services in an amount not-to-exceed $900,000 ($300,000/annually); authorize the City Manager to execute the agreement, all associated documents, and optional extensions.
B.19. 23-233
Attachments: Attachment 1 - Professional Services Agreement Adopt a resolution approving Manteca Transit Zero Emission Bus Rollout Plan for submittal to and in compliance with the California Air Resources Board’s (CARB) and innovative Clean Transit (ICT) mandate.
B.20. 23-252
Attachment 1 - Resolution
Attachment 2 - ZEB Rollout Plan
Attachments:
Motion authorizing staff to proceed with Proposition 218 noticing process to hold a public hearing on August 15, 2023 for an increase of Solid Waste Rates and Fees based upon the Residential and Commercial Solid Waste B.21. 23-265
CITY COUNCIL REGULAR MEETING AGENDA June 20, 2023
Rate Study conducted by International Engineering Services, Inc.
Attachment 1 - Residential & Commercial Solid Waste Rate Study Attachment 2 - Public Hearing Notice
Attachments:
C. PUBLIC HEARINGS:
1) Hold a Public Hearing to consider formation proceeding and election for City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities); 2) Adopt a resolution to form the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities), designate Improvement Area No. 1 therein and establish a future annexation area, and to authorize the levy of special taxes therein to finance the acquisition and construction of certain public facilities; 3) Adopt a resolution deeming it necessary to incur bonded indebtedness in and for the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities) in an amount not to exceed $24,000,000 to finance the acquisition and construction of certain facilities; 4) Adopt a resolution calling special election in and for the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities); 5) Hold landowner election; 6) Adopt a resolution declaring election results of City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities); and, 7) Waive the first reading by substitution of the title and introduce an ordinance of the City Council of the City of Manteca levying special taxes within City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities).
C.1. 23-245
Attachment 1 - Resolution to Form CFD 2023-1
Attachment 2 - Resolution Deeming it Necessary to Incur a Bonded Indebtedness Attachment 3 - Resolution Calling a Special Election
Attachment 4 - Resolution Declaring Election Results
Attachment 5 - Ordinance Levying Special Taxes within CFD 2023-1 Attachments:
Adopt a resolution adopting the Annual Budget for the City of Manteca for Fiscal Year 2023-24.
C.2. 23-178
Attachment 1 - Resolution
Attachment 2 - Fiscal Year 2023-2024 Final Budget
Attachment 3 - Budget Presentation
Attachments:
Adopt a resolution adopting the Indelicato Annexation IS/MND and Mitigation Monitoring and Reporting Program; adopt a resolution approving the annexation of 40 acres of land known as Indelicato Annexation Project area and authorize staff to apply for annexation to LAFCo; 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, C.3. 23-247
CITY COUNCIL REGULAR MEETING AGENDA June 20, 2023
amending the zoning map to approve a pre-zone for the Indelicato Annexation Project (File No. PRZ21-105); and adopt a resolution approving a Tentative Subdivision Map for the 173 unit Indelicato Tentative Subdivision Project (File Nos. ANX21-104, GPA23-036, PRZ21-105, and SDJ21-106 (SCH# 2023040168).
Attachment 1 - Resolution- IS/MND Adoption
Attachment 2 - Exhibit "A" to Resolution- Letters and Response to Comments ISMND Attachment 3 - Exhibit "B" to Resolution- MMRP
Attachment 4 - Resolution- Annexation
Attachment 5 - Exhibit "A" to Resolution- Annexation Legal Description Attachment 6 - Exhibit "B" to Resolution- Fiscal Analysis Attachment 7 - Ordinance- Pre-Zoning
Attachment 8 - Exhibit "A" to Ordinance- Zoning Map
Attachment 9 - Resolution General Plan Amendment and Tentative Map Attachment 10 - Exhibit "A" to Resolution- General Plan Map Attachment 11- Exhibit "B" to Resolution- Tentative Subdivision Map Attachment 12 - Exhibit "C" to Resolution- Conditions of Approval Attachment 13 - Planning Commission Staff Report and Attachments Attachment 14 - IS/MND Comments and Responses
Attachment 15 - PowerPoint Presentation
Attachments:
D. DISCUSSION ITEMS:
D.1. 23-264 Approval of the Contract for Toni Lundgren as City Manager Attachments: Attachment 1 - City Manager Agreement and Attachment of Benefits E. CITY MANAGER COMMENTS:
F. COUNCIL COMMENTS:
G. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, July 18, 2023, at 6:00 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, June 15, 2023, by 6:30 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA June 20, 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.manteca.gov; 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. G, 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.
CITY COUNCIL REGULAR MEETING AGENDA June 20, 2023
DISCUSSION ITEMS:
Only the Mayor or a majority of the City Council may authorize public input after a discussion item is introduced.
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.