1001 W. Center Street
Manteca, CA 95336
www.manteca.gov
Council Chamber
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, February 20, 2024
6:00 PM
See last pages of agenda for information regarding meeting procedures.
CITY COUNCIL
Mayor, Gary Singh
Vice Mayor, David Breitenbucher - District 3
Councilmember, Charlie Halford
Councilmember, Mike Morowit - District 4
Councilmember, Jose Nuño
REGULAR MEETING AGENDA
REGULAR MEETING AGENDA
MANTECA CITY COUNCIL
FEBRUARY 20, 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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Link: https://us02web.zoom.us/j/82677268640
Meeting ID: 826 7726 8640
Phone number: (669) 900 6833
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[email protected] or call (209) 456-8017.
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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: Dan Mahaffie, Sequoia Church
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PRESENTATIONS:
Present a Certificate of Recognition to Bob Pfirmann for his dedication and years of service with the SAFE’s program.
A.1. 24-111
Attachments: Attachment 1 - Certificate
B. PUBLIC COMMENT:
CITY COUNCIL REGULAR MEETING AGENDA February 20, 2024
C. CONSENT ITEMS:
Engineering:
Approve partial acceptance of public improvements in accordance with the Subdivision Partial Acceptance Policy for the Villa Ticino West Unit No. 2 subdivision, Tract 4116.
C.1. 23-562
Attachment 1 - Vicinity Map
Attachment 2 - Construction Inspection Memorandum
Attachments:
Adopt a resolution accepting a Grant of Easement for a 0.22-acre public utility easement from 1654 North Main, LLC along the N. Main Street frontage of 1654 North Main Street.
C.2. 24-073
Attachment 1 - Resolution
Attachment 2 - Grant of Easement
Attachments:
Adopt a resolution approving Plans and Specifications for the Louise Avenue Pavement Improvement Project, approving the California Environmental Quality Act Notice of Exemption determination, authorizing a Call for Bids, and authorizing the City Manager or designee to take all appropriate actions necessary to carry out the purpose and intent of the resolution (Exempt from CEQA pursuant to 14 Cal. Code Regs. § 15301(c).).
C.3. 24-074
Attachment 1 - Resolution
Attachment 2 - Invitation to Bid
Attachment 3 - Notice of Exemption
Attachment 4 - Location Map
Attachments:
Adopt a resolution approving Amendment No. 2 to Professional Service Agreement C2022-156 with Pacific Advanced Civil Engineers, Inc. in the amount of $100,000 for the WQCF Capacity Improvements Projects Flow Split Repair (CIP 23002), IMLR Pump Replacement (CIP 23003), Process Aeration Control (CIP 23004), Zone B Mixing System (CIP 23005), and Compressed Biogas Fueling Facilities (CIP 17008); and authorizing the City Manager or designee to take all appropriate actions necessary to carry out the purpose and intent of the resolution.
C.4. 24-079
Attachment 1 – Resolution
Attachment 2 - Agreement C2022-156
Attachment 3 - Amendment C2022-156-A1
Attachment 4 - Amendment No. 2
Attachments:
Human Resources:
CITY COUNCIL REGULAR MEETING AGENDA February 20, 2024
Adopt a resolution approving a Side Letter with Operating Engineers Local Union No. 3 (OE3), effective July 1, 2023 through June 30, 2026, approve an updated salary matrix for the Manteca Technical Support Association (MTSSA) effective October 17, 2023, and the updated salary matrix for the Mid Management Association (MMA) effective November 7, 2023.
C.5. 24-052
Attachment 1 - Resolution
Attachment 2 - Exhibit "A" to Resolution - OE3 Side Letter Attachment 3 - Exhibit "B" to Resolution - MTSSA Salary Matrix Attachment 4 - Exhibit "C" to Resolution - MMA Salary Matrix Attachment 5 - MTSSA Salary Matrix redline
Attachment 6 - MMA Redline Salary Matrix
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 Section
13.16.011 of the Manteca Municipal Code revising the Industrial Sewer System Service Charge for Eckert Cold Storage.
C.6. 24-075
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, adding Chapter 9.42 to the Manteca Municipal Code prohibiting trespassing and Loitering on Private Property.
C.7. 24-076
Attachments: Attachment 1 - Ordinance
Approval of the February 6, 2024, Special and Regular Meeting Minutes and the Special Meeting Minutes of February 15, 2024.
C.8. 24-083
Attachment 1 - Special Meeting Minutes February 6, 2024 Attachment 2 - Regular Meeting Minutes February 6, 2024 Attachment 3 - Special Meeting Minutes February 15, 2024 Attachments:
Public Works:
Adopt a resolution approving and implementing the Public Transportation Agency Safety Plan as required by the Federal Transit Administration.
C.9. 24-049
Attachment 1 - Resolution
Attachment 2 - Public Transportation Agency Safety Plan Attachments:
Approve Amendment No. 2 to Contract No. C2021-178 a General Services Agreement with AdEdge Water Technologies LLC, increasing the compensation amount by $250,000 for a total compensation amount C.10. 24-078
CITY COUNCIL REGULAR MEETING AGENDA February 20, 2024
not-to-exceed of $1,084,000 and authorize the City Manager to execute current and future amendments.
Attachment 1 - Amendment No. 2
Attachment 2 - Amendment No. 1
Attachment 3 - General Services Agreement C2021-178
Attachments:
D. PUBLIC HEARINGS:
Receive public comment regarding the annexation of Machado Ranch Phase 1 into Community Facilities District (CFD) No. 2022-1 (Manteca Public Safety, Maintenance & Services); adopt a resolution authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and submitting the Levy of Special Tax to Qualified Electors; and adopt a resolution Declaring the Results of a Special Annexation Landowner Election, determining the Validity of Prior Proceedings, and directing the recording of the Second Amendment to Notice Special Tax Lien; and waive the first reading by substitution of the title and introduce an ordinance authorizing the Levy of Special Taxes in Community Facilities District, including Certain Annexation Territory.
D.1. 24-065
Attachment 1 - Notice of Public Hearing
Attachment 2 - Resolution Annexation, Authorizing & Submitting Levy of Special Tax with Exhibit A Attachment 3 - Resolution Declaring the Results, Determining Validity, and Directing Recording of the Second A Attachment 4 - Ordinance
Attachment 5 - Proposed boundaries of Annexation
Attachments:
Receive public comment and adopt a resolution for the Addition of Territory as a Future Annexation Area of Community Facilities District (CFD) No. 2022-1 (Manteca Public Safety, Maintenance & Services).
D.2. 24-066
Attachment 1 - CFD 2022-1 - Resolution
Attachment 2 - CFD 2022-1 - Map Adding to FAA
Attachment 3 - CFD 2022-1 - Notice of Public Hearing to Add to FAA-Revised Attachments:
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 Ordinance No. 1501, the Zoning Ordinance, as amended, A Zoning Map change for the AGS Apartments Project (REZ 23-67 and PD 23-69); find the project exempt from CEQA; and adopt a resolution approving a General Plan Amendment (GPA), Site Plan and Design Review and Planned Development for the AGS Apartments (File Nos.
GPA 23-68, REZ 23-067, PD 23-69, and SPA 23-70). (CEQA exempt pursuant to 14 Cal. Code Regs. § 15332 (In-Fill Exemption)).
D.3. 24-053
CITY COUNCIL REGULAR MEETING AGENDA February 20, 2024
Attachment 1 - Ordinance
Attachment 2 - Ordinance Exhibit "A" - Rezone Map
Attachment 3 - Resolution
Attachment 4 - Exhibit "A" to Resolution - Approved Plan Set Attachment 5 - Exhibit "B" to Resolution - Planned Development Guidelines Attachment 6 - Exhibit "C" to Resolution - Conditions of Approval Attachment 7 - Planning Commission Staff Report with attachments Attachment 8 - PowerPoint Presentation
Attachments:
Conduct a public hearing to adopt a resolution approving an agreement with Verra Mobility, dba American Traffic Solutions, for the installation, maintenance, and operation of Photo Enforced Red Light Camera systems; authorizing the Chief of Police to sign said agreement; and approving necessary budget amendments and appropriations.
D.4. 24-087
Attachment 1 - Resolution
Attachment 2 - Final Agreement Verra Mobility
Attachment 3 - PowerPoint
Attachments:
E. DISCUSSION ITEMS:
Receive a presentation on and accept the FY 2021-22 Annual Comprehensive Financial Report for the City of Manteca and the Manteca Financing Authority.
E.1. 24-085
Attachment 1 - Annual Comprehensive Financial Report
Attachment 2 - Required Communications
Attachments:
Adopt a resolution approving amendments to Fiscal Year (FY) 2023-24 Mid-Year Budget Update, Capital Improvement Plan, and Position Control.
E.2. 24-064
Attachment 1 - Fiscal Year 2023-24 Mid-Year Budget Status Report Attachment 2 - Resolution
Attachment 3 - Exhibit "A" General Ledger Amendment Detail Attachment 4 - Exhibit "B" List of Capital Improvement Program Updates Attachment 5 - Exhibit "C" List of Position Control Updates Attachment 6 - Fiscal Year 2023-24 Mid-Year Budget Status PowerPoint Presentation Attachments:
Approve and authorize the Mayor to execute a second Addendum to the Agreement for Property Tax Allocation upon Annexation between the County of San Joaquin and the City of Manteca for the period of October 13, 2022 through December 1, 2028.
E.3. 24-109
Attachments: Attachment 1 - Second Addendum to the Agreement for Property Tax Allocation Upon Annexation Between the C
CITY COUNCIL REGULAR MEETING AGENDA February 20, 2024
F. CITY MANAGER COMMENTS:
G. COUNCIL COMMENTS:
H. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, March 5, 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, February 15, 2024, by 6:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA February 20, 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 February 20, 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.