1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, September 19, 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
SEPTEMBER 19, 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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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:
Present a proclamation proclaiming September 2023 as Senior Center Month.
A.1. 23-066
Attachments: Attachment 1 - Proclamation
A.2. 23-299 Certificate of Retirement honoring April Smith, Police Officer.
CITY COUNCIL REGULAR MEETING AGENDA September 19, 2023
Attachments: Attachment 1 - Certificate of Retirement
Present a proclamation proclaiming September as Hispanic Heritage month.
A.3. 23-429
Attachments: Attachment 1 - Proclamation
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
City Attorney:
Approval of Amendment to the Contract for L. David Nefouse, City Attorney
C.1. 23-280
Attachment 1 - Contract Amendment
Attachment 2 - Summary of Benefits
Attachments:
City Manager:
Approval of Amendment to the Contract for Toni Lundgren, City Manager.
C.2. 23-417
Attachment 1 - Contract Amendment
Attachment 2 - Summary of Benefits
Attachments:
C.3. 23-414 Approve New Rule 6.12 of the City Personnel Rules.
Attachments: Attachment 1 - Proposed Personnel Rule 6.12 Approve Amendment No. 1 to the General Services Agreement (Contract C2023-98) with Bockmon and Woody Electric, Inc. increasing the compensation amount by $34,500 for a total compensation amount not-to-exceed of $107,575, extend the completion date to March 31, 2024, and authorize the City Manager or designee to sign the amendment.
C.4. 23-413
Attachment 1 - Original General Services Agreement C2023-98 Attachment 2 - Amendment No. 1 for Agreement C2023-98
Attachment 3 - Statement of Work and Activities
Attachments:
Engineering:
Adopt a resolution approving plans and specifications for the Nile Garden - Well 30 Construction (CIP 21034), authorizing a Call for Bids; and authorizing 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.
C.5. 23-399
CITY COUNCIL REGULAR MEETING AGENDA September 19, 2023
Attachment 1 - Resolution
Attachment 2 - Invitation to Bid
Attachment 3 - Project Location
Attachments:
Adopt a resolution approving plans and specifications for the WQCF North/South WAS (CIP 22063) and South RAS (CIP 22061) Pump Replacement Projects, approving the California Environmental Quality Act Notice of Exemption determination for the Project, authorizing a Call for Bids; and authorizing 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.
C.6. 23-377
Attachment 1 - Resolution
Attachment 2 - Invitation To Bid
Attachment 3 - Notice of Exemption
Attachment 4 - Location Map
Attachments:
Adopt a resolution approving a cooperative agreement with the San Joaquin Council of Governments for the 99/120 Interchange Project Phase 1A; approving the Public Highway Overpass Agreement at Austin Road and Public Highway At-grade Crossing Agreement at Woodward Road with the Union Pacific Railroad Company; approving a cooperative agreement with the San Joaquin County of Governments for the Sewer Line Extension in Woodward Avenue; amending the FY2023-24 Capital Improvement Plan to include the 99/120 Interchange Project - Woodward Sewer Line Extension between Moffat Boulevard and Atherton Drive and assign a project number; appropriating $300,000 from PFIP Sewer Fund Zone 24 Reserves to the project; and authorizing 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. 23-408
Attachment 1 - Resolution
Attachment 2 - SJCOG Agreement for UPRR Construction Cost Attachment 3 - Public Highway Overpass at Austin Road
Attachment 4 - Public Highway At-grade Crossing at Woodward Road Attachment 5 - SJCOG Agreement for Sewer Line Installation Attachment 6 - Location Map
Attachments:
Human Resources:
Adopt a resolution and delegate authority for determining the Industrial Disability Retirement benefit on behalf of Police Lieutenant Gregg Beall pursuant to Government Code Sections 21156 and 21173.
C.8. 23-375
CITY COUNCIL REGULAR MEETING AGENDA September 19, 2023
Attachments: Attachment 1 - Resolution
Adopt a resolution approving the Industrial Disability Retirement benefit on behalf of Police Officer April Smith.
C.9. 23-351
Attachments: Attachment 1 - Resolution
Adopt a resolution approving the Memorandum of Understanding and Salary Matrix for the Manteca Technical Support Services Association (MTSSA) at the annual cost of $123,155 plus a one-time, non-persable payment from the American Rescue Plan Act of $390,000, for a total of $513,155.
C.10. 23-220
Attachment 1 - 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 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.11. 23-372
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 Fees and Charges for Solid Waste Collection Services.
C.12. 23-373
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 Chapter 9.28, Massage Establishments and Masseurs, Article II, Licensing and Certification.
C.13. 23-411
Attachments: Attachment 1 - Ordinance
Waive the second reading by substitution of the title and adopt an ordinance of the City of Manteca, State of California, amending Manteca Municipal Code (MMC) 13.04.210, Public Services, to remove and modify existing unlawful water uses.
C.14. 23-371
Attachments: Attachment 1 - Ordinance
Approval of the September 6, 2023, Special Meeting Minutes and the Special Meeting Minutes of September 13, 2023.
C.15. 23-416
CITY COUNCIL REGULAR MEETING AGENDA September 19, 2023
Attachment 1 - Special Meeting Minutes September 6, 2023 Attachment 2 - Special Meeting Minutes September 6, 2023 Attachment 3 - Special Meeting Minutes September 13, 2023 Attachments:
Police Department:
Adopt a resolution awarding the Request for Proposal for the Manteca Combined Public Safety Center (Police and Fire) Feasibility Study with Conceptual Design to LDA Partners for a not-to-exceed amount of $175,000; amend the FY 2023-24 Budget and Capital Improvement Plan to include this as a project; assign a project number; appropriate $185,900 to General Fund Professional Services Capital Projects (Account No. 100.11.00.001-6000.98 and Account No.
100.13.00.001-6000.98) and to the project; and authorize the City Manager or designee to sign the agreement and any associated documents.
C.16. 23-418
Attachment 1 - Resolution
Attachment 2 - LDA Contract for Services
Attachments:
Public Works:
Approve Amendment No. 1 to the General Services Agreement (C2022-161) with MCC Controls LLC, DBA Primex, extending the time of performance by one year, to December 31, 2024, and authorize the City Manager or designee to sign the amendment.
C.17. 23-402
Attachment 1 - Amendment No. 1
Attachment 2 - Original General Services Agreement C2022-161 Attachment 3 - Primex Request for Information-3
Attachments:
D. PUBLIC HEARINGS:
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#
D.1. 23-340
CITY COUNCIL REGULAR MEETING AGENDA September 19, 2023
2013112049).
Attachment 1- Resolution- EIR Certification
Attachment 2- Exhibit "A" to Resolution- Statement of Overriding Consideration Attachment 3- Exhibit "B" to Resolution- Mitigation Monitoring and Reporting Program ( MMRP) Attachment 4- Resolution- Annexation
Attachment 5- Exhibit "A" to Resolution- Annexation Map Attachment 6- Exhibit "A1" to Resolution- Legal Description Attachment 7- Exhibit "B" to Resolution- Fiscal Impact Analysis Attachment 8- Ordinance- Zoning
Attachment 9- Exhibit "A" to the Ordinance- Pre-Zoning Map Attachment 10- Exhibit "B" to the Ordinance- Planned Development Guidelines Attachment 11- Resolution General Plan Amendment and Tentative Map Attachment 12 -Exhibit "A" to Resolution - General Plan Map Attachment 13- Exhibit "B" to Resolution- Tentative Map Attachment 14- Exhibit "C" to Resolution-Conditions-Final Attachment 15- Oridnance- Development Agreement
Attachment 16- Exhibit "A" to Ordinance- Development Agreement Attachment 17- Planning Commission Staff Report w/ Attachments 7/6/2023 Attachment 18- Planning Commission Staff Report w/Attachments 9/7/2023 Attachment 19- EIR Responses to Comments
Attachment 20- PowerPoint Presentation
Attachments:
Adopt a resolution approving the Initial Study Mitigated Negative Declaration for Well 29 TCP Treatment Design (CIP 22058) and file a Notice of Determination with the San Joaquin County Clerk’s Office; approving the plans and specifications; authorizing a Call for Bids; authorizing the City Manager or designee to apply for permits, pay for associated fees, apply for State and Federal grants, solicit project funding support, and complete and execute all associated documents.
D.2. 23-398
Attachment 1 - Resolution
Attachment 2 - Invitation to Bid
Attachment 3 - Final Initial Study and Mitigated Negative Declaration Attachment 4 - Project Location
Attachments:
E. CITY MANAGER COMMENTS:
F. COUNCIL COMMENTS:
G. ADJOURNMENT:
CITY COUNCIL REGULAR MEETING AGENDA September 19, 2023
The next regularly scheduled City Council meeting is Tuesday, October 3, 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, September 14, 2023, by 7:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA September 19, 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 September 19, 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.