1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Wednesday, September 6, 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
SPECIAL MEETING AGENDA
SPECIAL MEETING AGENDA
MANTECA CITY COUNCIL
SEPTEMBER 6, 2023
6:00 PM
1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
NOTICE AND CALL OF A SPECIAL MEETING OF THE MANTECA CITY COUNCIL A Special Meeting for the City Council of the City of Manteca has been called at the date, time, and place identified above, for the purpose identified on this Agenda. This Special Meeting is called in accordance with California Government Code Section 54956.
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:
- To call or log into Zoom Webinar, please use the following:
Link: https://us02web.zoom.us/j/82677268640
Meeting ID: 826 7726 8640
Phone number: (669) 900 6833
- If you have questions on the Zoom Webinar process, please email:
[email protected] or call (209) 456-8017.
• eComment - https://www.manteca.gov/departments/legislative-services-city-clerk/city-council-video to submit eComment(s).
- New users must follow the instructions to create an account. - Only one comment per agenda item.
- 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
FLAG SALUTE:
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PUBLIC COMMENT:
Public comment is limited to only those items listed on this agenda. Government Code Section 54954.3(a)
CITY COUNCIL SPECIAL MEETING AGENDA September 6, 2023
B. CONSENT ITEMS:
City Manager:
Approve a Professional Services Agreement with RPM Team in an amount not-to-exceed $92,600 to develop a comprehensive plan to address and alleviate homelessness and prepare a five-year Homelessness Action Plan (HAP).
B.1. 23-380
Attachments: Attachment 1 - Professional Services Agreement Approve an agreement with His Way Refuge Center starting September 1, 2023, through December 31, 2023, for the operation of the Unsheltered Emergency Center for an amount not-to-exceed $200,818.67 and authorize the City Manager to sign the agreement and any associated documents.
B.2. 23-381
Attachments: Attachment 1 - Professional Services Agreement Approve a Professional Services Agreement with Shield Protection Group, Inc. in an amount not-to-exceed $170,381.12 for security guard services to Shield Protection Group, Inc. and authorize the City Manager to sign the agreement and any associated documents.
B.3. 23-407
Attachments: Attachment 1 - Professional Services Agreement Engineering:
Adopt a resolution accepting a Grant Deed from Richard J. Quaresma and Sarah M. Quaresma, as trustees of the 2014 Quaresma Family Trust, Under Instrument Dated May 22, 2014, for a 4’ strip of right-of-way and a 10’ Public Utility Easement along the southern edge of 7189 E. Sedan Avenue.
B.4. 23-276
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachments:
Adopt a resolution approving Plans and Specifications for the Retroreflective Traffic Sign Project CIP No. 16027, authorize a Call for Bids for construction, and 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.
B.5. 23-289
Attachment 1 - Resolution
Attachment 2 - Invitation to Bid
Attachment 3 - Project Location Map
Attachments:
B.6. 23-337 Adopt a resolution approving the Improvement Agreement and Final Map
CITY COUNCIL SPECIAL MEETING AGENDA September 6, 2023
for Villa Ticino West Unit No. 6, Tract 4117; and authorizing the City Manager to take all necessary steps to effectuate the agreement.
Attachment 1 - Resolution
Attachment 2 - Villa Ticino West Unit No. 6 Improvement Agreement Attachment 3 - Villa Ticino West Unit No. 6 Final Map
Attachment 4 - Location Map
Attachments:
Adopt a resolution awarding the Request for Proposals for Design & Environmental Services to Mark Thomas & Company, approving a Professional Services Agreement for the Main Street Bike & Pedestrian Improvement Project CIP No. 20005 to Mark Thomas & Company, Inc. in an amount not-to-exceed $303,818.02, and authorizing the City Manager or designee to execute the Agreement, apply for permits, apply for State and Federal grants, solicit project funding support, complete and execute all associated documents.
B.7. 23-350
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Location Map
Attachments:
Adopt a resolution approving the Improvement Agreement for Drain 5 Relocation & Villa Ticino West Phase 2 & 3 Mass Grading; and authorizing the City Manager to sign and take all necessary steps to effectuate the Agreement.
B.8. 23-362
Attachment 1 - Resolution
Attachment 2 - Improvement Agreement for Drain 5 Relocation & Villa Ticino West Phase 2 & 3 Mass Grading Attachment 3 - Location Map
Attachments:
Adopt a resolution approving the Improvement Agreement and Final Map for the S. Union and Woodward Subdivision, Tract 4109; authorizing the City Manager to sign and take all necessary steps to effectuate the Agreement; and authorizing the Mayor to sign the Final Map.
B.9. 23-368
Attachment 1 - Resolution
Attachment 2 - S. Union and Woodward Improvement Agreement Attachment 3 - S. Union and Woodward Final Map
Attachment 4 - Location Map
Attachments:
Adopt a resolution authorizing the City Manager or designee to submit applications to the California Public Utilities Commission for modifications to the Union Pacific Railroad crossing at Woodward Ave and Austin Road, and complete and execute all associated documents required to facilitate construction of the State Route 99/120 Interchange Project, and take all appropriate actions necessary to carry out the purpose and intent of the B.10. 23-376
CITY COUNCIL SPECIAL MEETING AGENDA September 6, 2023
resolution.
Attachment 1 - Resolution
Attachment 2 - CPUC Application for UPRR & Woodward Avenue Crossing Attachment 3 - CPUC Application for UPRR & Austin Road Crossing Attachment 4 - Project Location
Attachments:
Finance:
Adopt a resolution approving changes to the Purchasing Policy Manual and adopting new purchasing authority thresholds for the purchase of supplies, services, and equipment by the City of Manteca.
B.11. 23-397
Attachment 1 - Resolution
Attachment 2 - Revised Purchasing Policy
Attachment 3 - Prior Purchasing Policy Pages 2-17
Attachments:
Legislative Services/City Clerk:
Adopt a resolution authorizing the dissolution of the City of Manteca Recreational Facilities Incorporated.
B.12. 23-305
Attachment 1 - Resolution
Attachment 2 - Letter from Manteca Recreational Facilities Inc.
Attachments:
Adopt a resolution approving Amendment No. 3 to the Professional Services Agreement with ECS Imaging, Inc., increasing compensation amount by $30,505 for a contract total not-to-exceed $105,505; and authorizing the City Manager to execute the contract amendment.
B.13. 23-401
Attachment 1 - Resolution
Attachment 2 - ECS Imaging, Inc. Amendment No. 3
Attachment 3 - Scope of Services
Attachment 4 - Original Agreement, Amendment No. 1, and Amendment No. 2 Attachments:
B.14. 23-348 Approval of the August 15, 2023, Special and Regular Meeting Minutes.
Attachment 1 - Special Meeting Minutes August 15, 2023
Attachment 2 - Regular Meeting Minutes August 15, 2023
Attachments:
Police Department:
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 Chapter 9.28, Massage Establishments and Masseurs, Article II, Licensing and Certification.
B.15. 23-400
CITY COUNCIL SPECIAL MEETING AGENDA September 6, 2023
Attachment 1 - Ordinance
Attachment 2 - Ordinance with Redline Amendments
Attachments:
Approve the City’s Response to the 2023 Grand Jury Report Regarding School Safety.
B.16. 23-412
Attachment 1 - Grand Jury Report
Attachment 2 - Proposed Response
Attachments:
Public Works:
Adopt a resolution awarding the Request for Proposal for Programmable Logic Controller and Supervisory Control and Data Acquisition services for the City's Water Quality Control Facility to Telstar Instruments and approving an agreement with Telstar for a three (3) year term with two (2) optional one (1) year extensions, with annual compensation not-to-exceed $175,000 for a total contract not-to-exceed $875,000, and authorize the City Manager to execute the contract, extensions, amendments and any associated documents.
B.17. 23-361
Attachment 1 - Resolution
Attachment 2 - Request for Proposal
Attachment 3 - Contract
Attachments:
C. INTERVIEWS AND APPOINTMENTS:
Interview and appoint one applicant to the Public Safety Sales Tax Oversight Committee.
C.1. 23-251
Attachment 1 - Applications
Attachment 2 - Current Roster
Attachment 3 - Bylaws
Attachments:
D. DISCUSSION ITEMS:
Appoint a City Council Voting Delegate and up to two Alternates to the League of California Cities Annual Business Meeting; direct the City Clerk to complete the voting delegate form and submit to the League Office.
D.1. 23-370
Attachments: Attachment 1 - Letter from the League
E. CITY MANAGER COMMENTS:
F. COUNCIL COMMENTS:
G. ADJOURNMENT:
CITY COUNCIL SPECIAL MEETING AGENDA September 6, 2023
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 Thursday, August 31, 2023, by 6:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL SPECIAL MEETING AGENDA September 6, 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 SPECIAL MEETING AGENDA September 6, 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.