1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, November 21, 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
NOVEMBER 21, 2023
6:00 PM
1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
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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: Frank Azad, Baha'I Faith
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PRESENTATIONS:
Proclamation presented for the month of November as Veterans, Military and their Families Month.
A.1. 23-534
Attachments: Attachment 1 - Proclamation
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
CITY COUNCIL REGULAR MEETING AGENDA November 21, 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, amending Chapter 5.04, Business Licenses Generally.
C.1. 23-531
Attachment 1 - Ordinance
Attachment 2 - Ordinance with Redline Amendments
Attachments:
Development Services:
Adopt a resolution approving a two-year Tentative Subdivision Map extension to January 18, 2026, for the previously approved BMW Tentative Subdivision Map (Exempt from CEQA pursuant to 14 Cal.
Code Regs. § 15332).
C.2. 23-494
Attachment 1 - Resolution
Attachment 2 - Exhibit "A" to Resolution- Tentative Map Attachment 3 - Exhibit "B" to Resolution- Conditions of Approval Attachments:
Engineering:
Adopt a resolution accepting Chrisp Company’s bid as the lowest responsive and responsible bid for the Retroreflective Traffic Sign Project CIP No. 16027 HSIPL-5242(033); authorizing the City Manager or designee to execute a construction contract with Chrisp Company in an amount of $1,489,745.83, approve a project construction contingencies of 10% for $148,975.17 a total not-to- exceed construction budget of $1,638,721.00, execute the professional services agreement with Dewberry Engineers Inc. for construction management services in an amount of $282,800.35, approve a project professional services contingency of 10% for $28,280.65 a total not-to-exceed construction management service budget of $311,081.00; and authorize the City Manager or designee to issue change orders, extend the construction contract and professional service agreement timeline, 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.3. 23-290
Attachment 1 - Resolution
Attachment 2 - Agreement with Chrisp Company
Attachment 3 - Agreement with Dewberry Engineers Inc.
Attachment 4 - Project Location Map
Attachments:
Approve Traffic Calming Measures on Daniels Street between Fishback Road and Junction Drive, and direct Engineering staff to carry out Stage 2 of the Manteca Traffic Calming Program by installing two traffic lump C.4. 23-291
CITY COUNCIL REGULAR MEETING AGENDA November 21, 2023
sets as traffic calming measures.
Attachments: Attachment 1 – Daniels Street Traffic Calming Plans Approve STAA Route for Bessemer Avenue, Carnegie Street, and S.
Mellon Avenue; authorize staff to install the appropriate signage; and authorize the City Engineer to take all steps necessary to finalize the STAA Route.
C.5. 23-367
Attachments: Attachment 1 - Proposed STAA Truck Route Map Adopt a resolution approving Amendment No. 1 to the Main Street:
Northgate Drive to Alameda Street Improvement Project CIP No. 20005 Professional Services Agreement with Mark Thomas & Company, Inc. in an amount not-to-exceed $24,382.45; amend and approve the project eligible list for the Fiscal Year 2023-2024 funded by SB1; and authorizing the City Manager or designee to execute Amendment No. 1, and 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. 23-503
Attachment 1 - Resolution
Attachment 2 - Amendment No. 1 to Agreement C2023-118
Attachment 3 - Agreement C2023-118
Attachment 4 - Revised SB1 Location Map
Attachments:
Approve Amendment No. 3 to the Agreement for Professional Services with Dewberry, dba Haglan and Associates, extending the Performance Period of the contract to December 31, 2025; and authorize the City Manager to sign Amendment No. 3 and take all necessary actions to effectuate the Amendment.
C.7. 23-527
Attachment 1 - Agreement for Professional Services C2020-10 Attachment 2 - Amendment No. 1 C2020-10-A1
Attachment 3 - Amendment No. 2 C2020-10-A2
Attachment 4 – Amendment No. 3 C2020-10-A3
Attachments:
Finance:
Receive and file the quarterly investment report for the period ending September 30, 2023.
C.8. 23-523
Attachments: Attachment 1 - Quarterly Investment Report - September 30, 2023 Human Resources:
Adopt a resolution approving the Memorandum of Understanding and Salary Matrix for the Manteca Police Employees Association (MPEA) at C.9. 23-522
CITY COUNCIL REGULAR MEETING AGENDA November 21, 2023
the annual cost of $54,735 plus a one-time, non-persable payment from the American Rescue Plan Act of $160,000, for a total of $214,735.
Attachment 1 - MPEA MOU
Attachment 2 - Salary Matrix
Attachment 3 - Resolution
Attachments:
Adopt a resolution approving the Memorandum of Understanding and Salary Matrix for the Manteca Firefighters IAFF Local 1874 (FIRE) at the annual cost of $123,046 (General Fund=$82,803; Measure M=$40,243) plus a one-time, non-persable payment from the American Rescue Plan Act of $220,000, for a total of $343,046.
C.10. 23-535
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 of the City of Manteca, State of California, amending Chapter
2.08, City Manager, Section 2.08.070, Powers and Duties, and Section
2.08.090, Cooperation of City Employees Required.
C.11. 23-520
Attachments: Attachment 1 - Ordinance
Approval of the November 7, 2023, Special and Regular Meeting Minutes and November 8, 2023 and November 13, 2023, Special Meeting Minutes.
C.12. 23-526
Attachment 1 - Special Meeting Minutes November 7, 2023 Attachment 2 - Regular Meeting Minutes November 7, 2023 Attachment 3 - Special Meeting Minutes November 8, 2023 Attachment 4 - Special Meeting Minutes November 13, 2023 Attachments:
Public Works:
Adopt a resolution authorizing the use of the California Association for Coordinated Transportation/Morongo Basin Transit Authority (CalACT/MBTA) Vehicle Purchasing Cooperative #18-01 to purchase two 29-foot-long Compressed Natural Gas-powered low floor transit buses in the amount of $766,813 each to be funded by grant funding identified in the fiscal impact section.
C.13. 23-492
Attachment 1 - Resolution
Attachment 2 - Transit Bus Quote
Attachments:
D. DISCUSSION ITEMS:
CITY COUNCIL REGULAR MEETING AGENDA November 21, 2023
Adopt a resolution authorizing the issuance of Special Tax Bonds for and on behalf of Improvement Area No. 1 of the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities), approving and directing the execution of a Fiscal Agent Agreement and Bond Purchase Agreement, approving the form of Preliminary Official Statement, approving sale of such bonds, and approving other related documents and actions.
D.1. 23-524
Attachment 1 - Resolution Issuing CFD 2023-1 Bonds
Attachment 2 - Form of Fiscal Agent Agreement
Attachment 3 - Form of Preliminary Official Statement
Attachment 4 - Form of Bond Purchase Agreement
Attachment 5 - Presentation
Attachments:
D.2. 23-537 Adoption of the 2024 City Council Meeting Calendar.
Attachments: Attachment 1 - Proposed 2024 Meeting Calendar E. CITY MANAGER COMMENTS:
F. COUNCIL COMMENTS:
G. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, December 5, 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, November 16, 2023, by 9:00 a.m. /s/ Marco Martinez
____________________________________________
MARCO MARTINEZ
ASSISTANT CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA November 21, 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 November 21, 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.