1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, October 17, 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
OCTOBER 17, 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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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).
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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: Cecily Ballungay, HOPE Ministries AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PRESENTATIONS:
Certificate of Recognition presented to Peggy Thompson-Spears for over 15 years of volunteering at the Senior Center.
A.1. 23-464
Attachments: Attachment 1 - Certificate
A.2. 23-484 Present a proclamation proclaiming October 28, 2023, as National First
CITY COUNCIL REGULAR MEETING AGENDA October 17, 2023
Responders Day.
Attachments: Attachment 1 - Proclamation
Certificate of Recognition presented to Lauren Morowit for passing the California Bar.
A.3. 23-442
Attachments: Attachment 1 - Certificate
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
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, amending Chapter 12.24, Sidewalk Vending Program.
C.1. 23-466
Attachment 1 - Ordinance
Attachment 2 - Ordinance with Redline Amendments
Attachments:
City Manager:
Approve the contract for Jose Jasso to serve as Assistant City Manager through December 31, 2024.
C.2. 23-463
Attachments: Attachment 1 - Agreement
C.3. 23-485 Approve amendments to the City of Manteca Flag Policy.
Attachment 1 - Revised Policy in Redline
Attachment 2 - Clean Version
Attachments:
Engineering:
Adopt a resolution approving grading and construction of improvements prior to filing of the Final Map for the Villa Ticino West Units 5 & 7 subdivisions.
C.4. 23-453
Attachment 1 - Resolution
Attachment 2 - Developer's Request Letter
Attachment 3 - Vicinity Map
Attachments:
Adopt a resolution accepting a Grant of Public Utility Easement (PUE) from JEN California 23 LLC for a 10,739 square foot Public Utility Easement along a portion of the property located at Villa Ticino West Units 5 & 7.
C.5. 23-454
CITY COUNCIL REGULAR MEETING AGENDA October 17, 2023
Attachment 1 - Resolution
Attachment 2 - Grant of PUE
Attachment 3 - Vicinity Map
Attachments:
Adopt a resolution approving a Professional Services Agreement with Carollo Engineers, Inc. for the preparation of plans and specifications for the WQCF Sludge Thickener (CIP 24007) and Dewatering Unit No. 3 System Design Project (CIP 24006) in an amount not-to-exceed $966,983, include a project contingency of 5% ($48,300) for a total not-to-exceed contract amount of $1,015,283; close WQCF- Ammonia Sidestream Treatment Project (CIP 24005), transfer appropriation amount of $800,000 from CIP 24005 equally distributed between CIP 24006 and CIP 24007 upon closing project 24005; amending CIP 24006 to include an additional appropriation of $400,000 for a project total of $800,000; amending CIP 24007 to include an additional appropriation of $400,000 for a project total of $600,000; authorizing the City Manager or designee to execute the Agreement, approve project contingencies 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, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
C.6. 23-456
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Location Map
Attachments:
Adopt a resolution approving Amendment No. 1 to the Improvement Agreement for Villa Ticino West Unit No. 2, Tract 4116, modifying SCHEDULE B, Water Distribution System, Table 2: Water Distribution System P.F.I.P. Reimbursement, decreasing the amount from $19,280.51 to $19,278.84; adding SCHEDULE B, Transportation System, Table 1:
Transportation System P.F.I.P. Reimbursement, in the amount of $37,106.08; and authorizing the City Manager to sign and take all necessary steps to effectuate the amendment.
C.7. 23-437
Attachment 1 - Resolution
Attachment 2 - Amendment No 1 to the Villa Ticino West Unit No. 2 Improvement Agreement Attachment 3 - Exhibit "A" to Amendment No. 1 - Schedule B Transportation Table 1 and Water Distribution Tab Attachments:
Adopt a resolution approving Amendment No. 2 to the Improvement Agreement for Villa Ticino West Unit No. 1, Tract 3567, modifying SCHEDULE B, Transportation System, Table 1: Transportation System P.F.I.P. Reimbursement, increasing the amount from $638,357.50 to $1,036,899.50; modifying SCHEDULE B, Sewer Collection System, Table 3: Sewer Collection System P.F.I.P. Reimbursement, increasing the amount from $2,276,640.00 to $3,729,806.73; and authorizing the City C.8. 23-436
CITY COUNCIL REGULAR MEETING AGENDA October 17, 2023
Manager to sign and take all necessary steps to effectuate the amendment.
Attachment 1 - Resolution
Attachment 2 - Amendment No 2 to the Villa Ticino West Unit No. 1 Improvement Agreement Attachment 3 - Exhibit "A" to Amendment No. 2 - Schedule B Transportation Table 1 and Sewer Collection Table Attachments:
Adopt a resolution approving the Improvement Agreement and Final Map for Denali Unit No. 3, Tract 4122; authorizing the City Manager to sign and take all necessary steps to effectuate the Agreement; and authorizing the Mayor to sign the Final Map.
C.9. 23-432
Attachment 1 - Resolution
Attachment 2 - Denali Unit No. 3 Improvement Agreement
Attachment 3 - Denali Unit No. 3 Final Map
Attachment 4 - Location Map
Attachments:
Adopt a resolution approving The Trails of Manteca Large Lot Final Map, Tract No. 3773.
C.10. 23-445
Attachment 1 - Resolution
Attachment 2 - Final Map
Attachments:
Fire Department:
Adopt a resolution to approve a budget appropriation from Measure M Reserves of $200,000 to Capital Outlay Vehicles - Major (Account No. 320.00.00.900-7000.02) to purchase used fire apparatus(s) and equip for response; amend the Fiscal Year 2023-24 Capital Improvement Plan to include this project; assign a project number; and authorize the Fire Chief or designee to sign and take all necessary steps to effectuate the purchase in accordance with the City Purchasing Policy.
C.11. 23-471
Attachments: Attachment 1 - Resolution
Human Resources:
Approve a resolution Authorizing Equity Adjustments and Amend the Salary Matrices for Executive Management, Manteca Mid-Manager’s Association, At-Will Management Positions, and Manteca Technical Support Services Association.
C.12. 23-468
CITY COUNCIL REGULAR MEETING AGENDA October 17, 2023
Attachment 1 - MTSSA Salary Matrix
Attachment 2 - MMA Salary Matrix
Attachment 3 - At-Will Management
Attachment 4 - Executive Management Salary Matrix
Attachment 5 - Resolution
Attachments:
Adopt a resolution removing Trustees from the City of Manteca Section 457 Plan with Newport Group and authorize new Trustees to the same plan.
C.13. 23-469
Attachments: Attachment 1 - Resolution
Adopt a resolution delegating authority to the City Manager to submit applications for disability retirement to the California Public Employees Retirement System (CalPERS) and to initiate requests for reinstatement in accordance with State law.
C.14. 23-439
Attachments: Attachment 1 - Resolution
Legislative Services/City Clerk:
C.15. 23-460 Approval of the October 3, 2023, Special and Regular Meeting Minutes.
Attachment 1 - Special Meeting Minutes October 3, 2023
Attachment 2 - Regular Meeting Minutes October 3, 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 10.68, Bicycles.
C.16. 23-465
Attachment 1 – Ordinance
Attachment 2 – Ordinance with Redline Amendments
Attachments:
Public Works:
Approve Contract and Lease between City of Manteca and Central Golf Company to provide Golf Pro Shop operations.
C.17. 23-396
Attachment 1 - Proposed Agreement
Attachment 2 - Exhibit "A"
Attachment 3 - Exhibit "B"
Executed Agreement C2017-92
Agreement Amendment No. 2 C2017-92
Attachments:
D. CITY MANAGER COMMENTS:
CITY COUNCIL REGULAR MEETING AGENDA October 17, 2023
E. COUNCIL COMMENTS:
F. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, November 7, 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, October 12, 2023, by 6:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA October 17, 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 October 17, 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.