1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, July 18, 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
JULY 18, 2023
6:00 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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• 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: Frank Azad, Bahai Faith
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PRESENTATIONS:
A.1. 23-244 Proclamation Honoring Parks and Recreation Month for July 2023 Attachments: Attachment 1 - Proclamation
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
CITY COUNCIL REGULAR MEETING AGENDA July 18, 2023
City Attorney:
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 Title 5 Business Taxes, Licenses, and Regulations, Chapter
5.36, Private Patrol Operators and Protection Dog Operators; and Adding Chapter 5.36 Private Patrol Operators and Regulations to the Manteca Municipal Code.
C.1. 23-314
Attachments: Attachment 1 - Ordinance
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 Section 10.44.120, Peddlers and Vendors - Prohibited; and Adding Chapter 12.24, Sidewalk Vending Program to the Manteca Municipal Code.
C.2. 23-315
Attachments: Attachment 1 - Ordinance
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, Adding Chapter 5.68 - the Solicitor and Peddler Permitting Program.
C.3. 23-316
Attachments: Attachment 1 - Ordinance
City Manager:
Receive and file 2023 Work Plan pertaining to City Council goals and priorities.
C.4. 23-172
Attachments: Attachment 1 - 2023 Work Plan
Development Services:
Approve a Professional Services Agreement with Raney Planning and Management for the continued preparation of the CAP Update in an amount not-to-exceed $160,200.
C.5. 23-282
Attachments: Attachment 1 - Professional Services Agreement Engineering:
Adopt a resolution determining DRYCO Construction, Inc. to be the lowest responsive and responsible bidder for the 2023 Annual Pavement Maintenance Project CIP 23036; award a construction contract to DRYCO Construction, Inc. for an amount not-to-exceed $1,183,292.80; approve project construction contingency not-to-exceed 15% ($177,494) and change orders not-to-exceed 7.5% ($88,747) for a total project cost of $1,449,533.80; and authorize the City Manager or designee to execute the construction contract, apply for permits, apply C.6. 23-300
CITY COUNCIL REGULAR MEETING AGENDA July 18, 2023
for State and Federal grants, solicit project funding support, complete and execute all associated documents.
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Location Map
Attachments:
Adopt a resolution determining D.A. Wood Construction, Inc. as the lowest responsive and responsible bidder for the Corwin Drive & Suess Court Water & Sewer Line Installation Project CIP No. 23008; award the construction contract to D.A. Wood Construction, Inc. in the amount of $853,097; approve construction contingency not-to- exceed 10% for a total project cost of $938,407; authorize the City Manager or designee to execute the construction contract, approve change orders up to the total project cost, apply for permits, apply for State and Federal grants, solicit project funding support, complete and execute all associated documents.
C.7. 23-307
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Location Map
Attachments:
Adopt a resolution appointing Mr. Steve DeBrum as a public member to the San Joaquin Area Flood Control Agency Board of Directors and to the Enhanced Infrastructure Financing District Public Financing Authority, both for a period of two years.
C.8. 23-278
Attachments: Attachment 1 - Resolution
Adopt a Resolution approving the Purchase and Sale Agreement between the City of Manteca and the South San Joaquin Irrigation District for the sale of unused industrial solar panels in the amount of $1,250,000.
C.9. 23-312
Attachment 1 - Resolution
Attachment 2 - Agreement with SSJID
Attachments:
Finance:
Adopt a resolution authorizing the submittal of the Fiscal Year 2020-21 Transportation Development Act Claim Form to the San Joaquin Council of Governments for allocation of public transportation funds to the City of Manteca.
C.10. 23-243
Attachment 1 - Resolution
Attachment 2 - Fiscal Year 2020-21 TDA Claim
Attachments:
Legislative Services/City Clerk:
CITY COUNCIL REGULAR MEETING AGENDA July 18, 2023
Waive the second reading by substitution of the title and adopt 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.11. 23-292
Attachments: Attachment 1 - Ordinance
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 the zoning map to approve a pre-zone for the Indelicato Annexation Project (File No. PRZ21-105).
C.12. 23-293
Attachment 1 - Ordinance
Attachment 2 - Exhibit "A" to Ordinance- Zoning Map
Attachments:
Approval of the June 14, 2023, Special Meeting Minutes and June 20, 2023, Special and Regular Meeting Minutes.
C.13. 23-295
Attachment 1 - Special Meeting Minutes June 14, 2023
Attachment 2 – Special Meeting Minutes June 14, 2023
Attachment 3 - Special Meeting Minutes June 20, 2023
Attachment 4 - Regular Meeting Minutes June 20, 2023
Attachments:
Police Department:
Adopt a resolution authorizing an agreement with San Joaquin County, “San Joaquin County Special Assessment Charge Agreement”, to apply direct assessment of delinquent enforcement fees, fines, and abatement costs on the property owner as listed on the last equalized assessment roll maintained by the San Joaquin County assessor; authorize the City Manager to sign same; and certify and approve properties and delinquent amounts to be assessed on the San Joaquin County property tax roll of the property owner.
C.14. 23-301
Attachment 1 - Resolution
Attachment 2 - DA Certification of Assessment
Attachment 3 - DA Letter to District (Regular) 2023-24
Attachment 4 - DA Letter to District (Use Code) 2023-24 Attachment 5 - Direct Assessment Apportionment
Attachment 6 - Direct Charge Information
Attachment 7 - New Taxing Districts Required Documents
Attachment 8 - SJC Direct Assessment 2023-24
Attachment 9 - Special Assessment Charge Agreement - signed Attachments:
Public Works:
C.15. 23-273 Adopt a resolution approving a one (1) year agreement in an amount
CITY COUNCIL REGULAR MEETING AGENDA July 18, 2023
not-to-exceed $130,700 with Larry Walker Associates for specialized support of regulatory compliance of wastewater and stormwater operations; and authorize the City Manager or designee to sign the agreement and associated documents.
Attachment 1 - Resolution
Attachment 2 - Contract
Attachments:
Approve Amendment No. 1 to the Participating Member Agreement (A1314) with Underground Service Alert of Northern California and Nevada, dated April 20, 1992, increasing the compensation amount to a not-to-exceed amount of $15,000 annually, updating the Articles of Incorporation and Bylaws, and Operating Procedures; authorize the City Manager or designee to sign the amendment.
C.16. 23-274
Attachment 1 - Amendment No. 1
Attachment 2- Original Agreement
Attachments:
Approve Amendment No. 1 to the General Services Agreement (C2021-178) with AdEdge Water Technologies LLC, increasing the compensation amount by $72,000 for a total not-to-exceed compensation amount of $834,000 and authorize the City Manager or designee to sign the amendment.
C.17. 23-277
Attachment 1 - Amendment No. 1
Attachment 2 - Original General Services Agreement C2021-178 Attachments:
D. PUBLIC HEARINGS:
After receiving public testimony, the following actions are requested, (1) adopt a resolution ordering the levy and collection of annual assessments for the City's Landscape Maintenance Districts and Benefit Assessment Districts for Fiscal Year 2023-24 as listed; and (2) approve the San Joaquin County Certification of Assessment relating to the collection and levying of special assessments for the City's Landscape Maintenance and Benefit Assessment Districts.
D.1. 23-176
Attachment 1 - Exhibit "A" Executive Summary
Attachment 2 - Resolution Ordering the Levy
Attachment 3 - Certification of Assessment
Attachments:
Hold a Public Hearing to consider adoption of a resolution approving the 2020 Urban Water Management Plan and adoption of a resolution approving the Water Shortage Contingency Plan.
D.2. 23-297
Attachment 1 - UWMP Resolution
Attachment 2 - WSCP Resolution
Attachment 3 - Urban Water Management Plan
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA July 18, 2023
Adopt a resolution certifying the Manteca General Plan Update Environmental Impact Report and make certain findings concerning significant impacts, mitigation measures, and alternatives, and adopt a statement of overriding consideration and mitigation and monitoring and reporting program, and adopt a resolution approving the Manteca General Plan Update to replace the existing adopted 2023 General plan and authorize staff to submit the Ultimate SOI to LAFCo.
D.3. 23-308
Attachment 1 - Resolution - EIR
Attachment 2 - Exhibit "A" - EIR Resolution
Attachment 3 - Resolution- General Plan
Attachment 4 - Planning Commission Staff Report and Attachments Attachments:
E. DISCUSSION ITEMS:
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 adding Manteca Municipal Code Chapter 10.70.010 - 10.70.090 regarding mobile vendors currently or potentially operating within the City; and provide policy direction to staff on policies and regulations regarding mobile vendors.
E.1. 23-317
Attachments: Attachment 1 - Ordinance
F. INFORMATIONAL ITEMS:
F.1. 23-303 Letters of Opposition for AB 460 and AB 1337.
Attachment 1 - AB 460 Letter
Attachment 2 – AB 1337 Letter
Attachments:
F.2. 23-311 Receive and File 4th of July Action Report.
Attachments: Attachment 1 - PowerPoint
G. CITY MANAGER COMMENTS:
H. COUNCIL COMMENTS:
I. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, August 15, 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, July 13, 2023, by 12:00 or p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA July 18, 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.
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 July 18, 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.