1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
Council Chamber
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, August 15, 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
AUGUST 15, 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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Link: https://us02web.zoom.us/j/82677268640
Meeting ID: 826 7726 8640
Phone number: (669) 900 6833
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[email protected] or call (209) 456-8017.
• eComment - https://www.manteca.gov/departments/legislative-services-city-clerk/city-council-video to submit eComment(s).
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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: Tim Kemptner, New Hope
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PRESENTATIONS:
Certificate of Recognition presented to John Roe, Martha Maldonado, and Ernesto Adame for their dedication to the SHARP’s Program.
A.1. 23-327
Attachments: Attachment 1 - Certificates of Recognition A.2. 23-347 Proclamation honoring the month of August 2023 as National
CITY COUNCIL REGULAR MEETING AGENDA August 15, 2023
Breastfeeding Month.
Attachments: Attachment 1 - Proclamation
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
City Manager:
Adopt a resolution approving the professional services agreement with Kimley Horn to develop a Fiber Master Plan utilizing reimbursement-based grant funding for a total-not-to-exceed amount of $101,200.
C.1. 23-321
Attachment 1 - Resolution
Attachment 2 - Kimley Horn Professional Services Agreement Attachments:
Waive the first reading by substitution of the title and adopt an ordinance amending Sections 2.20.040 and 2.20.050 of the Manteca Municipal Code to Remove City Council Approval of the Appointment and Separation of the Fire Chief.
C.2. 23-341
Attachment 1 - Ordinance
Attachment 2 - Redline Ordinance
Attachments:
Approve the Summary of Salary and Benefits for Department Heads effective July 1, 2023, through June 30, 2026, with payable benefits commencing August 1, 2023.
C.3. 23-366
Attachment 1 - Summary of Salary and Benefits
Attachment 2 - Salary Matrix
Attachments:
Engineering:
Adopt a resolution approving Cooperative Agreement No. 10-0570 and No. 10-0571 with Caltrans for State Route 120/Main Street (CIP 23032) and State Route 120/Airport Way (CIP 23031) Project Study Reports for an amount not-to-exceed $60,000; and authorize 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.
C.4. 23-281
Attachment 1 - Resolution
Attachment 2 - Cooperative Agreement (10-0570)
Attachment 3 - Cooperative Agreement (10-0571)
Attachment 4 - Project Location Map
Attachments:
C.5. 23-345 Adopt a resolution accepting a Grant Deed from Parmvir Singh Sidhu for
CITY COUNCIL REGULAR MEETING AGENDA August 15, 2023
696 square feet of real property for right-of-way purposes and an accompanying 2,320 square foot Public Utility Easement along a portion of the property located at 2190 W. Yosemite Avenue.
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachments:
Approve partial acceptance of public improvements in accordance with the Subdivision Partial Acceptance Policy for the Cerri, Unit No. 5 subdivision, Tract 4104.
C.6. 23-320
Attachment 1 - Location Map
Attachment 2 - Construction Inspector Memorandum
Attachments:
Adopt a resolution approving grading and construction of improvements prior to filing of the Final Map for the Villa Ticino West Unit No. 3 subdivision.
C.7. 23-324
Attachment 1 - Resolution
Attachment 2 - Developer's Request Letter
Attachment 3 - Location Map
Attachments:
Adopt a resolution approving a Parcel Map for Diamond Galaxy Partners, LLC, located at the northwest corner of S. Airport Way and Atherton Drive; and accepting for public use the offer of dedication of all public utility easements shown on the Parcel Map.
C.8. 23-364
Attachment 1 - Resolution
Attachment 2 - Parcel Map
Attachments:
Finance:
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.
C.9. 23-356
Attachments: Attachment 1 - Updated Certification of Assessment Receive and file the quarterly investment report for the period ending June 30, 2023.
C.10. 23-349
Attachments: Attachment 1 - Investment Report June 30, 2023 Human Resources:
Adopt a resolution approving the Memorandum of Understanding between the City of Manteca and the Manteca Police Officers Association (MPOA), effective July 1, 2023, through June 30, 2026, with payable benefits C.11. 23-354
CITY COUNCIL REGULAR MEETING AGENDA August 15, 2023
commencing August 1, 2023, and approve budget appropriations in the amount of $300,684 to Funds 100 (General Fund) and 320 (Measure M).
Attachment 1 - MPOA MOU
Attachment 2 - Salary Matrix
Attachment 3 - Resolution
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 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.
C.12. 23-331
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, 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.13. 23-328
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, Repealing Section 10.44.120, Peddlers and Vendors - Prohibited; and Adding Chapter 12.24, Sidewalk Vending Program to the Manteca Municipal Code.
C.14. 23-329
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, Adding Chapter 5.68 - the Solicitor and Peddler Permitting Program.
C.15. 23-330
Attachments: Attachment 1 - Ordinance
C.16. 23-336 Approval of the July 18, 2023, Special and Regular Meeting Minutes.
Attachment 1 - Special Meeting Minutes July 18, 2023
Attachment 2 - Regular Meeting Minutes July 18, 2023
Attachments:
Police Department:
C.17. 23-309 Adopt a resolution accepting a grant from the California Highway Patrol
CITY COUNCIL REGULAR MEETING AGENDA August 15, 2023
Cannabis Tax Fund Grant Program (CTFGP) in the amount of $117,121 and appropriate as outlined; assign a project number and amend the Fiscal Year 2023-24 Capital Improvement Plan to include the vehicle purchase; and authorize the Chief of Police to take all necessary steps to effectuate the agreement, including any extensions or amendments.
Attachment 1 - Resolution
Attachment 2 - CTFGP Grant Agreement
Attachments:
Adopt a resolution accepting the 2023 AB481 Annual Report in accordance with Manteca Municipal Code Section 2.40.030 - adoption of Military Equipment Use Policy.
C.18. 23-334
Attachment 1 - Resolution
Attachment 2 - AB481 2023 Annual Report
Attachment 3 - AB481 Transparency and Accountability
Attachments:
Public Works:
Adopt a resolution declaring an end to the drought emergency and discontinue Stage 2 of the State Water Shortage Contingency Plan; and waive the first reading by substitution of the title and introduce an ordinance amending Public Services Ordinance, Title 13, of the Manteca Municipal Code, Section 13.04.210 (Unlawful Water Use).
C.19. 23-352
Attachment 1 - Resolution
Attachment 2 - Draft Ordinance 13.04.210
Attachment 3 - Redlined 13.04.210
Attachments:
Adopt a resolution awarding the Request for Proposal to provide Janitorial Services for the Manteca Transit Center to Buddha Capital Corporation DBA Vanguard Cleaning Systems of the Central Valley and authorize the City Manager to execute a three-year agreement for an amount not-to-exceed $132,000 with two (2) optional one-year extensions at an amount not-to-exceed $44,000 per year.
C.20. 23-335
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Janitorial Services RFP
Attachment 4 - Vanguard Proposal
Attachments:
Adopt a resolution approving Manteca Transit’s Disadvantaged Business Enterprise (DBE) Goal for Federal Fiscal Years 2023/24 - 2025/26.
C.21. 23-338
Attachment 1 - Resolution
Attachment 2 - Goal Methodology
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA August 15, 2023
D. PUBLIC HEARINGS:
Hold a Public Hearing for the proposed Solid Waste Rate Increases based on the Commercial and Residential Rate Study conducted be IES Inc.; and 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 Amending Fees and Charges for Solid Waste Collection Services.
D.1. 23-342
Attachment 1 - Proposed Solid Waste Fee Schedule
Attachment 2 - Draft Ordinance
Attachment 3 - Residential & Commercial Solid Waste Rate Study Attachments:
**Previously noticed to be heard; will be heard at a future City Council Meeting and will be re-noticed at that time.**
Adopt a resolution certifying the Hat Ranch Annexation Environmental Impact Report and make certain findings of overriding consideration; adopt a resolution approving the annexation of 184.7 acres of land for the Hat Ranch 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, amending the zoning map to approve the pre-zone for the Hat Ranch Annexation Project and approve the Planned Development Overlay for the Hat Ranch Subdivision; adopt a resolution approving a General Plan Amendment and Tentative Subdivision Map for the 738 unit Hat Ranch Tentative Subdivision Project; and waive the first reading by substitution of the title and introduce an ordinance of the City Council and approve a Development Agreement between the City of Manteca and Richland Planned Communities, Inc. (File Nos. ANX19-122, GPA19-124, PRZ19-123, PD19-126, SDJ19-106, and DA19-127 (SCH#
2013112049).
D.2. 23-357
E. DISCUSSION ITEMS:
Receive a presentation on and accept the FY 2020-21 Annual Comprehensive Financial Report for the City of Manteca and the Manteca Financing Authority.
E.1. 23-298
Attachment 1 - Annual Comprehensive Financial Report
Attachment 2 - Proposition 111 Appropriations Limit Increment Attachment 3 - Required Communications
Attachment 4 - Memorandum on Internal Control
Attachments:
Receive comments from the City Council and provide direction to the City Manager on the distribution and use of the American Rescue Plan Act (ARPA) funds.
E.2. 23-363
CITY COUNCIL REGULAR MEETING AGENDA August 15, 2023
F. CITY MANAGER COMMENTS:
G. COUNCIL COMMENTS:
H ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, September 19, 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 Wednesday, August 9, 2023, by 6:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA August 15, 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 August 15, 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.