1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
Council Chamber
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, January 16, 2024
6:00 PM
See last pages of agenda for information regarding meeting procedures.
CITY COUNCIL
Mayor, Gary Singh
Vice Mayor, David Breitenbucher
Councilmember, Charlie Halford
Councilmember, Mike Morowit
Councilmember, Jose Nuño
REGULAR MEETING AGENDA
REGULAR MEETING AGENDA
MANTECA CITY COUNCIL
JANUARY 16, 2024
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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• Email, Mail or Hand delivered to:
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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 Asad, Baha'I Faith
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PRESENTATIONS:
Proclamation honoring National Law Enforcement Appreciation Day, January 9, 2024.
A.1. 24-040
Attachments: Attachment 1 - Proclamation
A.2. 24-041 Proclamation honoring National Human Trafficking Prevention Month,
CITY COUNCIL REGULAR MEETING AGENDA January 16, 2024
January 2024.
Attachments: Attachment 1 - Proclamation
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
City Attorney:
Waive the first reading by substitution of the title and introduce an Ordinance of the City of Manteca, State of California, amending Chapter
10.70, Mobile Food Vendors.
C.1. 24-022
Attachment 1 - Proposed Ordinance
Attachment 2 - Ordinance with Redline Amendments
Attachments:
Adopt a resolution approving a binding Letter of Offer for property located at 1403 W. Atherton Drive, Manteca, California 95337, from the Dutra Family in an amount not to exceed $2.2 million; approve a budget appropriation in the amount of $2.2 million to Capital
Improvements-Government Land (Account No. 100.00.00.900-8000.01); amend the Fiscal Year 2023-24 Capital Improvement Plan to include this purchase as a project and assign a project number; appropriate budget of $2.2 million to project; authorize City Manager to adjust budget appropriations as necessary to effectuate the agreement and close escrow; and authorize the Mayor and/or City Manager to sign the agreement and all necessary documents.
C.2. 24-037
Attachment 1 - Letter of Offer
Attachment 2 - Resolution
Attachments:
City Manager:
Adopt a resolution approving a Disposition and Development Agreement for the sale of real property located at 1181 Milo Candini Drive for the development of a brewery, authorize the Mayor to sign the Development Agreement, and authorize the City Manager to sign all documents necessary to effectuate the Development Agreement.
C.3. 23-589
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachments:
Development Services:
Adopt a resolution approving Amendment No. 1 to permitting software contracts with Accela Inc. to the Subscription Services Agreement (C2022-182), LCT Software / Lifecycle Technology to the Master Services Agreement (C2022-183), TruePoint Solutions to the Professional Services C.4. 23-519
CITY COUNCIL REGULAR MEETING AGENDA January 16, 2024
Agreement (C2022-185), approve a budget appropriation from the Development Services Undesignated Reserves to Professional Services-Contract Services (Account 340.30.45.000-6000.12) in the amount of $50,000, and authorize the City Manager or designee to sign and take all necessary steps to effectuate the amendments.
Attachment 1 - Resolution
Attachment 2 - Order Form for Additional Subscriptions (Accela) Attachment 3 – Amended Master Services Agreement (DigEPlan) Attachment 4 - Amended Professional Services Agreement (TruePoint) Attachments:
Adopt a resolution approving a Professional Services Agreement with AECOM for $207,960 to prepare documents to improve processes to accelerate housing production in response to the funding received from the Local Early Action Planning (LEAP) Grant.
C.5. 24-002
Attachment 1- Resolution
Attachment 2- Exhibit "A" to Resolution- Professional Services Agreement w/New Scope Attachment 3- Original Grant Application
Attachment 4- Amended Grant Application
Attachment 5- Original Executed Agreement
Attachments:
Engineering:
Adopt a resolution approving the Improvement Agreement and Final Map for Villa Ticino West Unit No. 5, Tract 4119; and authorizing the City Manager to take all necessary actions to effectuate the agreement.
C.6. 23-538
Attachment 1 - Resolution
Attachment 2 - Villa Ticino West Unit 5 Improvement Agreement Attachment 3 - Villa Ticino West Unit No. 5 Final Map
Attachment 4 - Location Map
Attachments:
Adopt a resolution approving the Improvement Agreement and Final Map for Villa Ticino West Unit No. 7, Tract 4118; and authorizing the City Manager to take all necessary actions to effectuate the agreement.
C.7. 23-540
Attachment 1 - Resolution
Attachment 2 - Villa Ticino Unit No. 7 Improvement Agreement Attachment 3 - Villa Ticino West Unit No. 7 Final Map
Attachment 4 - Location Map
Attachments:
Adopt a resolution approving construction of part-width street improvements for the Yosemite Square project.
C.8. 23-560
CITY COUNCIL REGULAR MEETING AGENDA January 16, 2024
Attachment 1 - Resolution
Attachment 2 - Part Width Request
Attachment 3 - Location Map
Attachments:
Adopt a resolution approving the Improvement Agreement and Final Map for Diamond Villas Subdivision, Tract 3942; and authorizing the City Manager to take all necessary actions to effectuate the agreement.
C.9. 24-013
Attachment 1 - Resolution
Attachment 2 - Diamond Villas Improvement Agreement
Attachment 3 - Diamond Villas Final Map
Attachment 4 - Location Map
Attachments:
Adopt a resolution approving grading and construction of improvements prior to filing of the Final Map for the Yosemite Square subdivision.
C.10. 24-036
Attachment 1 - Resolution
Attachment 2 - Developer's Request Letter
Attachment 3 - Vicinity Map
Attachments:
Adopt a resolution determining Conco West, Inc. as the lowest responsive and responsible bidder for the Well 29 TCP Treatment Project Capital Improvement Program (CIP) No. 22058; award the construction contract to Conco West, Inc. in the amount of $3,278,000 for base services; approve the professional services agreement with Brown & Caldwell for construction management and inspection services in the amount of $344,510; approve a project contingency not-to-exceed 10% of $362,251; authorize the City Manager or designee to approve change orders and task orders up to the total project cost, apply for permits, apply for State and Federal grants, solicit project funding support, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
C.11. 23-558
Attachment 1 – Resolution
Attachment 2 – Location Map
Attachment 3 – Bid Tabulations
Attachment 4 – Agreement for Construction
Attachment 5 – Agreement with Brown & Caldwell
Attachments:
Adopt a resolution accepting the North Sewer Trunk, Zone 22 Project CIP 11007 as complete and authorize the City Clerk to file a Notice of Completion, release project retentions, and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
C.12. 23-567
CITY COUNCIL REGULAR MEETING AGENDA January 16, 2024
Attachment 1 – Resolution
Attachment 2 – Notice of Completion
Attachment 3 – Unconditional Waiver and Release on Final Payment Attachment 4 – Location Map
Attachments:
Adopt a resolution accepting Public Improvements for the Manteca Medical Building; approving exoneration of the Performance Bonds; approving exoneration of the Labor and Materials Bonds six (6) months after the date of acceptance; and approving exoneration of the Warranty Bonds twelve (12) months after the date of acceptance.
C.13. 24-024
Attachment 1 - Resolution
Attachment 2 - Construction Inspector Memorandum
Attachments:
Adopt a resolution accepting Public Improvements for Shadowbrook subdivisions, Neighborhood 2 (Tract 3983), Neighborhood 4 (Tract 3981), and Neighborhood 6 (Tract 4010); approving exoneration of the Performance Bonds; approving exoneration of the Labor and Materials Bonds six (6) months after the date of acceptance; and approving exoneration of the Warranty Bonds twelve (12) months after the date of acceptance.
C.14. 24-025
Attachment 1 - Resolution
Attachment 2 - Construction Inspector Memorandum
Attachments:
Approve partial acceptance of public improvements in accordance with the Subdivision Partial Acceptance Policy for the Denali Unit No. 2 subdivision, Tract 4100 - In-tract Improvements.
C.15. 23-568
Attachment 1 - Location Map
Attachment 2 - Construction Inspection Memorandum
Attachments:
Approve partial acceptance of public improvements in accordance with the Subdivision Partial Acceptance Policy for the Denali Unit No. 3 subdivision, Tract 4122.
C.16. 23-569
Attachment 1 - Location Map
Attachment 2 - Construction Inspection Memorandum
Attachments:
Finance:
Adopt a resolution accepting, filing, and making the findings identified in the City’s AB1600 report on Development Impact Fees for the fiscal year ended June 30, 2023.
C.17. 23-592
Attachment 1 - Resolution
Attachment 2 - AB1600
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA January 16, 2024
Human Resources:
Adopt a resolution amending the Part-Time Salary Matrix to add the Classifications of Program Specialist and Staff Counsel.
C.18. 24-018
Attachment 1 - Resolution
Attachment 2 - Staff Counsel Job Description
Attachment 3 - Program Specialist Job Description
Attachment 4 - Part-Time Salary Matrix - Redline
Attachments:
Adopt a resolution delegating authority for determining Industrial Disability Retirement pursuant to Government Code Sections 21156 and 21173 to the City Manager.
C.19. 24-021
Attachments: Attachment 1 - Resolution
Adopt a resolution approving an equity adjustment for the Director of Human Resources classification and approve the Executive Management Salary Matrix.
C.20. 24-026
Attachment 1 - Resolution
Attachment 2 - Executive Management Salary Matrix
Attachments:
Legislative Services/City Clerk:
Approval of the December 18, 2023, Special Meeting, December 19, 2023, Special and Regular Meeting Minutes, and January 4, 2024 Special Meeting.
C.21. 24-014
Attachment 1 - Special Meeting Minutes December 18, 2023 Attachment 2 - Special Meeting Minutes December 19, 2023 Attachment 3 - Regular Meeting Minutes December 19, 2023 Attachment 4 - Special Meeting Minutes January 4, 2024
Attachments:
Police Department:
Adopt a resolution accepting a grant from the California Office of Traffic Safety Selective Traffic Enforcement Program (S.T.E.P.) approving a Grant Agreement with California Office of Traffic Safety in the amount of $120,000 for FFY 2024 (Oct. 1, 2023 to Sept. 30, 2024); authorize the Chief of Police to execute said agreement; and approve a budget appropriation of $120,000 to Fund 150 - Police Grants Fund (Intergovernmental Grants) as noted in fiscal impact section.
C.22. 23-590
Attachment 1 - Resolution
Attachment 2 - CA OTS Draft Grant Agreement
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA January 16, 2024
Adopt a resolution accepting a grant of $625,000 from the U.S.
Department of Justice, Community Oriented Policing Services (COPS) Hiring and Retention Grant for five (5) police officers; approving the Department's spending plan as described in the staff report; and appropriating funds as listed in the fiscal impact section.
C.23. 24-004
Attachment 1 - Resolution
Attachment 2 - Award Letter
Attachments:
Public Works:
Adopt a resolution of intention to add territory as a future annexation area of (Machado Ranch Subdivision Phase 2-4) into Community Facilities District (CFD) No. 2022-1 (Manteca Public Safety, Maintenance & Services).
C.24. 23-421
Attachment 1 - Resolution
Attachment 2 - Map of territory to be added to annexation boundary Attachment 3 - Public Hearing Notice
Attachments:
Adopt a resolution of intention for the proposed Annexation No. 2 (Machado Ranch Phase 1) into Community Facilities District (CFD) No. 2022-1 (Manteca Public Safety, Maintenance & Services).
C.25. 23-422
Attachment 1 - Resolution
Attachment 2 - Exhibits "A" of Resolution
Attachment 3 - Exhibits "B" of Resolution
Attachment 4 - Exhibits "C" of Resolution
Attachment 5 - Landowner Petition
Attachments:
Recreation & Community Services:
Approve a contract and lease between City of Manteca and Guinta Enterprises to provide Snack Bar and Banquet operations at the Manteca Golf Course.
C.26. 23-431
Attachment 1 - Agreement
Attachment 2 - Exhibit "A"
Attachment 3 - Exhibit "B" - Snack Bar
Attachment 4 - Exhibit "C" - Banquet
Attachment 5 - Exhibit "D"
Attachment 6 - Exhibit "E"
Attachment 7 - Executed Agreement and Amendments
Attachments:
D. PUBLIC HEARINGS:
CITY COUNCIL REGULAR MEETING AGENDA January 16, 2024
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 Manteca Municipal Code Title 17 Zoning, Section 17.26.00 Development Standards; by Zoning District (exempt from CEQA pursuant to 14 Cal. Code Regs. § 15061 (b)(3) (general rule exemption)).
D.1. 23-584
Attachment 1 - Ordinance
Attachment 2 - Redline Ordinance
Attachment 3 - Planning Commission Staff Report
Attachment 4 - PowerPoint
Attachments:
Conduct a Public Hearing and adopt the proposed Amended and Restated Resolution to Confirm Participation in the Statewide Community Infrastructure Program (SCIP).
D.2. 23-591
Attachment 1- Resolution
Attachment 2 - Exhibit "A" to Resolution - Form of Resolution for Intention Attachment 3 - Exhibit "B" to Resolution - Acquisition Agreement Attachment 4 - Exhibit "C" to Resolution - Eligible Facilities Attachment 5 - Exhibit "D" to Resolution - Increased Demands Certificate Attachment 6 - Exhibit "E" to Resolution - Contacts for SCIP Program Attachment 7 - Presentation
Attachments:
E. INTERVIEWS AND APPOINTMENTS:
It is recommended that the City Council interview and appoint one applicant to the Manteca Recreation and Parks Commission (one regular member) to fill an expired term vacancy (term beginning immediately and ending December 31, 2026).
E.1. 24-016
Attachment 1 - Applications
Attachment 2 - Roster
Attachment 3 - Bylaws
Attachments:
F. DISCUSSION ITEMS:
Receive the results of the Fiscal Year 2024-2025 City Council Goals and Priorities Ranking Sheet exercise and adopt the top five priorities and provide to direction to staff on new mission, vision, and values.
F.1. 24-039
Attachment 1 - City Council Goals and Priorities Ranking Sheets Completed on 1.4.2024 Attachment 2 - Strategic Priority Comparison List
Attachment 3 - City Council Goals and Priorities Ranking Results FY 24-25 Attachments:
G. CITY MANAGER COMMENTS:
CITY COUNCIL REGULAR MEETING AGENDA January 16, 2024
H. COUNCIL COMMENTS:
I. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, February 6, 2024, 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, January 11, 2024, by 5:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA January 16, 2024
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 January 16, 2024
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.