1001 W. Center Street
Manteca, CA 95337
www.manteca.gov
Council Chamber
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, May 21, 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
MAY 21, 2024
6:00 PM
1001 W. Center Street
Manteca, CA 95337
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
- 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: Cynthia Jackson, Transformed Through Hope Ministries AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PRESENTATIONS:
A.1. 24-223 Proclamation honoring Public Works Week May 19-25, 2024.
Attachments: Attachment 1 - Proclamation
A.2. 24-264 Proclamation honoring National Police Week, May 12-18, 2024.
Attachments: Attachment 1 - Proclamation
CITY COUNCIL REGULAR MEETING AGENDA May 21, 2024
Present a Certificate of Recognition to the Gundawar Family for winning the Manteca Indians Essay Contest.
A.3. 24-288
Attachments: Attachment 1 - Certificate
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
City Manager:
Approve a Community Benefit Agreement with Nectar Markets of California, LLC located at 1519 W. Yosemite Avenue.
C.1. 24-254
Attachments: Attachment 1 - Nectar Markets of California, LLC Community Benefit Agreement Approve a Community Benefit Agreement with Manteca Responsible and Compliant Retail LLC dba “Embarc Manteca” located at 1140-1142 S. Main Street.
C.2. 24-255
Attachments: Attachment 1 - Manteca Responsible and Compliant Retail LLC dba Embarc Manteca Adopt a resolution approving participation in the San Joaquin Regional Housing Fund on behalf of the San Joaquin County Member Agencies.
C.3. 24-284
Attachments: Attachment 1 - Resolution
Engineering:
Adopt a resolution determining United Pavement Maintenance, Inc. as the lowest, responsive, and responsible bidder for the Louise Avenue (Main Street to Highway 99) Pavement Improvement Project CIP 24112 in the amount of $2,240,818; awarding the construction contract to the lowest, responsive, and responsible bidder; approving an Agreement for Services with TRC Engineers, Inc. to provide construction management and inspection services in an amount not-to-exceed $305,233.15; approving a total project contingency of $330,000 for project related costs; appropriating $2,876,052 in Measure K funding to CIP 24112 and thereby amending the FY 24 Budget and Capital Improvement Program; 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. 24-171
Attachment 1 - Resolution
Attachment 2 - Cooperative Agreement
Attachment 3 - Construction Contract.pdf
Attachment 4 - Subcontractor List.pdf
Attachment 5 - Agreement for Services
Attachment 6 - Location Map
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA May 21, 2024
Adopt a resolution approving Plans and Specifications for the Lathrop Road (Union to Hwy 99) Pavement Improvement Project CIP No. 24111, 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.5. 24-206
Attachment 1 - Resolution
Attachment 2 - Invitation To Bid
Attachment 3 - Notice of Exemption
Attachment 4 - Location Map
Attachments:
Adopt a resolution approving a Parcel Map located at 465 East Alameda Street for Edward Machado and Lorie Machado, accepting an Emergency Vehicle Access (EVA) easement, a waterline maintenance and access easement, and a ten-foot (10’) wide public utility easement along the East Alameda Street and Private Access Easement frontages of the Parcel Map.
C.6. 24-212
Attachment 1 - Resolution
Attachment 2 - Parcel Map
Attachments:
Adopt a resolution approving the Statement of Consistency pursuant to Executive Order N-7-22 and Findings of Fact for construction of a second new groundwater irrigation well in the Villa Ticino West subdivision for irrigation of the second park constructed as part of the subdivision; and authorize the City Engineer or designee to take all appropriate actions necessary to comply with the terms of the Executive Order.
C.7. 24-230
Attachments: Attachment 1 - Resolution
Adopt a resolution accepting Public Improvements for Villa Ticino West Unit No. 1 (Tract 3567) & Unit No. 2 (Tract 4116) subdivisions; 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.8. 24-251
Attachment 1 - Resolution
Attachment 2 - Construction Inspector Memorandum
Attachment 3 - Location Map
Attachments:
Adopt a resolution approving grading and construction of improvements prior to filing of the Final Map for the 320 Airport Way Subdivision.
C.9. 24-253
CITY COUNCIL REGULAR MEETING AGENDA May 21, 2024
Attachment 1 - Resolution
Attachment 2 - Developer's Request Letter
Attachment 3 - Location Map
Attachments:
Adopt a resolution accepting a Grant Deed from JKCV3H8, L.P., a Nevada limited partnership for 4,350 square feet of real property for right-of-way purposes and an accompanying 3,630 square foot Public Utility Easement along a portion of the property located at 2055 Moffat Boulevard.
C.10. 24-203
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachments:
Finance:
Receive and file the Annual Report by the Public Safety Sales Tax Oversight Committee.
C.11. 24-234
Attachments: Attachment 1 - 2023 Committee Report
Adopt a resolution initiating proceedings for the annual levy and collection of assessments and ordering the preparation of an annual report for the special maintenance districts for Fiscal Year 2024-25; adopt a resolution approving the annual reports for the city’s special maintenance assessment districts for Fiscal Year 2024-25; adopt a resolution declaring its intention to levy and collect assessments within the city’s special maintenance assessment districts for Fiscal Year 2024-25, and setting a public hearing for June 18 on the levy of the proposed assessments for the City’s Benefit Assessment Districts and Landscape Maintenance Districts.
C.12. 24-233
Attachment 1 - Resolution Initiating Proceedings
Attachment 2 - Resolution Approving Annual Reports
Attachment 3 - Exhibit A to Resolution Approving Annual Reports - LMD Report Fiscal Year 2024-25 Attachment 4 - Exhibit B to Resolution Approving Annual Reports - BAD Report Fiscal Year 2024-25 Attachment 5 - Resolution of Intention to Levy and Collect Assessments Attachments:
Fire Department:
Approve Amendment No. 2 to the City of Stockton Dispatch Agreement dated June 15, 2023, adjusting the cost per call as noted below, and designate that the City Manager execute the amendment and any and all other related documents vis-à-vis the agreement.
C.13. 24-256
Attachment 1 - Original Agreement for the City of Stockton Dispatch Attachment 2 - Amendment No. 1 of the City of Stockton Dispatch Agreement Attachment 3 - Amendment No. 2 of the City of Stockton Dispatch Agreement Attachments:
CITY COUNCIL REGULAR MEETING AGENDA May 21, 2024
Human Resources:
Adopt a resolution approving two new job classifications in Solid Waste for Solid Waste Supervisor and Solid Waste Compliance Specialist; approve a salary adjustment for Accounting Manager; and approve the salary matrix for the Mid-Manager Association (MMA) and Operating Engineers Local Union No. 3 (OE3) bargaining units.
C.14. 24-172
Attachment 1 - Resolution
Attachment 2 - Solid Waste Supervisor job description
Attachment 3 - Solid Waste Compliance Specialist job description Attachment 4 - MMA Salary Matrix_05.21.24
Attachment 5 - OE3 Salary Matrix
Attachments:
Legislative Services/City Clerk:
Adopt resolutions 1) Calling and Giving Notice of the General Municipal Election to be held Tuesday, November 5, 2024, for the purpose of electing two Councilmembers for Districts 1 and 2; and 2) requesting county services required to consolidate the election; and 3) approving regulations for Candidates for Elective Office pertaining to Candidate’s Statements submitted to the voters at the election.
C.15. 23-457
Attachment 1 - Resolution Calling and Giving Notice
Attachment 2 - Resolution Consolidation Request
Attachment 3 - Resolution Candidate Statements
Attachments:
Receive and File the City Clerks Affidavit of mailing ballots for the district known as the “Downtown Manteca Community Benefit District”.
C.16. 24-271
Attachments: Attachment 1 - Affidavit of Mailing
Waive the first reading by substitution of title and introduce an ordinance of the Manteca City Council State of California adding chapter 2.04.030 City Council Compensation.
C.17. 24-273
Attachments: Attachment 1 - Proposed 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, Repealing and Replacing Chapter 8.08 “Fireworks” of the Manteca Municipal Code.
C.18. 24-224
Attachment 1 - Ordinance
Attachment 2 - Exhibit “A” to Ordinance - Redlines to Fireworks Ordinance Attachments:
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, C.19. 24-225
CITY COUNCIL REGULAR MEETING AGENDA May 21, 2024
amending Manteca Municipal Code 16.23.060 Design, Section J. Street Names and Signs.
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 Ordinance No. 1501, the Zoning Ordinance, as amended, A Zoning Map change for the Crossroads Plaza Project (REZ 23-05); find the project exempt from CEQA.
C.20. 24-226
Attachment 1 - Ordinance
Attachment 2 - Exhibit "A" to Ordinance - Rezone Map
Attachments:
C.21. 24-210 Approval of the April 16, 2024, Special and Regular Meeting Minutes.
Attachment 1 - Special Meeting Minutes April 16, 2024
Attachment 2 - Regular Meeting Minutes April 16, 2024
Attachments:
Police Department:
Adopt a resolution approving a budget appropriation in the amount of $67,920 from the Asset Seizure Reserves for the Sigma Tactical Wellness Program.
C.22. 24-252
Attachments: Attachment 1 - Resolution
Adopt a resolution approving a budget appropriation in the amount of $29,000 from the Supplemental Law Enforcement Services Fund Undesignated Reserves to Capital Outlay Vehicle-Major (Account No. 160.11.00.200-7000.02); and amend the Fiscal Year 2023-24 Capital Improvement Plan to include the additional appropriation to the Cannabis Tax Fund Grant Program Vehicle (Project No. 24069) for a total project cost of $79,933.
C.23. 24-270
Attachments: Attachment 1 - Resolution
Public Works:
Adopt a resolution approving a Cost Sharing Agreement for stormwater public education and outreach activities with San Joaquin Valley Stormwater Quality Partnership (SJVSWQP) for a total not-to-exceed amount of $4,000 annually; and authorize the City Manager to execute the agreement and all future documents.
C.24. 24-245
Attachment 1 - Resolution
Attachment 2 - Cost Sharing Agreement
Attachment 2 - Amendment No. 1 (A3459)
Attachment 3 - Original Agreement (A2224)
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA May 21, 2024
Adopt a resolution authorizing the filing of the low Carbon Transit Operations Program Application, accept a grant in the amount of $40,140, authorize Certifications and Assurances, Designation of Authorized Agents and authorize the City Manager or designee to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation and any budget adjustments necessary to expend applicable grant funds.
C.25. 24-248
Attachment 1 - Resolution
Attachment 2 - Certifications and Assurances
Attachment 3 - Authorized Agent Form
Attachments:
Adopt a resolution approving an agreement with Ronin Protection Solutions to provide security guard services for a three (3) year period May 22, 2024 through May 22, 2027 with a total not-to-exceed $450,000 with two (2) optional one-year extension and authorize the City Manager to execute the agreement and all associated documents.
C.26. 24-258
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Security Services for Manteca Transit Center and City Parks RFP Attachment 4 - RONIN Protection Solutions Proposal
Attachments:
D. PUBLIC HEARINGS:
Find the project exempt from CEQA; and adopt a resolution approving a Conditional Use Permit for Manteca Responsible and Compliant Retail, LLC (“Embarc Manteca“) (File No. UPJ 24-22). (CEQA exempt pursuant to 14 Cal. Code Regs. § 15301, Class 1, “Existing Facilities.”).
D.1. 24-268
Attachment 1 - Resolution
Attachment 2 - Exhibit “A” to Resolution - Approved Plan Set Attachment 3 - Exhibit “B” to Resolution - Conditions of Approval Attachment 4 - Planning Commission Staff Report with attachments Attachment 5 - Powerpoint Presentation
Attachments:
E. DISCUSSION ITEMS:
Adopt a resolution voting the City’s ballots in the affirmative for the proposed San Joaquin Area Flood Control Agency Mossdale Tract Assessment District formation and the special benefit assessment of City-owned properties, and authorize the City Manager to execute ballots in favor of imposing the special assessment.
E.1. 24-283
CITY COUNCIL REGULAR MEETING AGENDA May 21, 2024
Attachment 1 - Resolution
Attachment 2 - Summary of Assessments for City of Manteca Owned Parcels and Map Attachment 3 - Assessment Ballots for City-Owned parcels Attachment 4 - Ballot Notice and Information Guide
Attachment 5 - Mossdale Tract Overlay Assessment Preliminary Engineer's Report Attachment 6 - Presentation
Attachments:
F. CITY MANAGER COMMENTS:
G. COUNCIL COMMENTS:
H. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, June 4, 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, May 16, 2024, by 6:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA May 21, 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.
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 May 21, 2024
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.